Congressional Record (Bound Edition), Volume 154 (2008), Part 4 - Congressional Record (Bound Edition), Volume 154 for March 31, 2008

[Congressional Record (Bound Edition), Volume 154 (2008), Part 4]
[Issue]
[Pages 4455-4575]
[From the U.S. Government Publishing Office, www.gpo.gov]

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VOLUME 154--PART 4

SENATE--Monday, March 31, 2008

(Legislative day of Thursday, March 13, 2008)

The Senate met at 2 p.m., on the expiration of the recess, and was
called to order by the Honorable Jim Webb, a Senator from the
Commonwealth of Virginia.
______

prayer

The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Eternal God, Sovereign Lord of all, help our Senators to remember
today that they serve here by divine appointment and are accountable to
You for their work. Give them wisdom as they wrestle with complex
issues. Empower them with clarity in debate and courage to vote their
convictions. Deliver them from any compromises that sacrifice
principles, as You help them make just and compassionate decisions. Let
Your grace guide their deliberations and Your blessings crown their
labors for the glory of Your Name. Amen.

____________________

PLEDGE OF ALLEGIANCE

The Honorable Jim Webb led the Pledge of Allegiance, as follows:

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

____________________

APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

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

U.S. Senate,

President pro tempore,

Washington, DC, March 31, 2008.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Jim Webb, a Senator from the Commonwealth of Virginia, to
perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.

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

____________________

RECOGNITION OF THE MAJORITY LEADER

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

____________________

SCHEDULE

Mr. REID. Mr. President, following my remarks and those of the
Republican leader, if he chooses to make some, there will be a period
of morning business, with Senators permitted to speak therein for up to
10 minutes each. As previously announced, there will be no rollcall
votes today. Senators should be prepared to vote tomorrow at about 2:15
p.m. or thereabouts on the motion to invoke cloture on the motion to
proceed to H.R. 3221, the legislative vehicle for the housing bill.

____________________

HOUSING AND THE ECONOMY

Mr. REID. Mr. President, 76 years ago, Franklin Roosevelt, who was
then the Governor of New York, was engaged in a fierce Presidential
campaign. The country was reeling from the stock market crash of 1929.
Consumer confidence in banks had plummeted. The Great Depression was in
full force at that time, and the American people had lost confidence
that President Herbert Hoover had what it took to lead the country out
of economic darkness.
In April 1932, Governor Roosevelt, seeking the Democratic nomination
for President, took to the radio waves and said this:

I do not want to limit myself to politics. I do not want to
feel that I am addressing an audience of Democrats or that I
speak merely as a Democrat myself. The present condition of
our national affairs is too serious to be viewed through
partisan eyes for partisan purposes.

He went on to say that troubled times call for us to:

put [our] faith once more in the forgotten man at the bottom
of the economic pyramid. . . . The two billion dollar fund
which President Hoover and Congress have put at the disposal
of big banks, the railroads and the corporations is not for
[the average person].
Here should be an objective of government itself--to
provide at least as much assistance to the little fellow as
it is now giving to the large banks and corporations. This is
[an] example of building from the bottom up.

Mr. President, the more things change, the more they seem to stay the
same. Recently, the Federal Reserve provided taxpayers' money to
prevent the collapse of Bear Stearns. The Fed took the additional
unprecedented step of opening its discount lending window to securities
firms, even though--unlike banks--those firms aren't regulated by the
Fed.
I understand the need to take some bold steps. I believe the Federal
Reserve is doing what they think is best in the face of a deep and
growing economic crisis. While on principle the spirit of capitalism
would call for Wall Street firms to shoulder the burden of loss along
with the spoils of profit, it is incumbent upon our Government to look
for the greater good. But we must not neglect the lessons of history.
If we agree that it is a responsibility of Government to provide
liquidity and security to the titans of Wall Street--and we do--then
how can we think it is any less our responsibility to do the same for
Main Street?
The American people are suffering. We are paying more than ever for
gasoline, groceries, and heat for our homes. Home values are falling--
in January alone, almost 13 percent. Millions face foreclosure, and
communities are suffering because of the housing meltdown. This crisis
is real, it is immediate, and it calls for Congress to take action.
Every day that Congress and the President do nothing is another day
closer to another American family losing their home. This is not the
time for politics or partisanship. It is, as President Roosevelt said,
time to give

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some ``assistance to the little fellow''--those were his words--it is
time to do the right thing, the responsible thing, for the American
people--the little fellow.
Last work period, Democrats introduced a housing bill. The President
and his Republican Senators filibustered and blocked this much needed
legislation. This legislation is not a catch-all or a silver bullet,
but financial experts agree it is a good start. If passed, it would
have an immediate positive impact on struggling homeowners and hard-hit
neighborhoods.
Mr. President, I have talked in length about this legislation to
Chairman Bernanke. I have spoken to Secretary Paulson. I think they
have done good work. But I think if they were asked point blank--and I
am not going to, certainly, state here publicly any of the things they
said to me, but someone can ask them themselves--I think they would say
our legislation is a step in the right direction. If this law passed
today, it would have an immediate positive impact on struggling
homeowners and hard-hit neighborhoods.
These are the five points of our plan:
First, we help families keep their homes by increasing funds for
preforeclosure counseling. It is imperative we do that.
Second, we expand refinancing opportunities for homeowners stuck in
bad loans. Mortgage revenue bonds--the President said he liked that in
his State of the Union Message.
Third, we provide funds to help the highest need communities purchase
and rehabilitate foreclosed properties, as well as tax relief to
struggling businesses affected by the housing downturn.
Fourth, we help families avoid foreclosure in the future by improving
loan disclosures and transparency during the original loan and
refinancing process.
Fifth, we amend the Bankruptcy Code to allow home loans on primary
residences to be modified in certain circumstances, with very strict
guidelines. We have a tax provision which is extremely important to the
homebuilding industry: Loss carryback. We have a program that allows
the bankruptcy courts to step in on primary residences and, if
necessary, help adjust those loans.
It is time we pass this bill.
Last work period, Republicans blocked a vote on this, as I have said
before. One Republican Senator said that all Republicans wanted was the
opportunity to propose amendments. Mr. President, I have said on this
floor, I have said privately, I have said at press conferences--the
record will clearly show--Democrats are happy to allow amendments.
Democrats want to offer amendments. Republicans want to offer
amendments. We would like nothing more than an open debate on this bill
and how we might be able to make it better. I have told my
distinguished counterpart, Senator McConnell, if Republicans object to
parts of our bill, they are welcome to seek enough votes to amend it,
to change it. That is how the legislative process is supposed to work.
It would be a fool's errand to put our proposal up and the Republican
proposal up and move to invoke cloture on each one of those. It would
take 60 votes. That is not what we need to do. It would be failure for
sure.
Why don't we move forward on our bill? There will be a vote at 2:15
tomorrow. If my colleagues want to have a limited number of amendments,
fine, let's have a limited number of amendments dealing with this
problem. Experts say we are in a crisis and have to do something now.
I respect Secretary Paulson very much. I like Secretary Paulson. The
proposals he made at 10 o'clock today are certainly worth considering,
but they are not going to do one simple thing to help the people who
are now in foreclosure--nothing. It is for the future. That deals with
the future. We need to deal with the present. But so far my Republican
friends have not allowed this bill to proceed to the point at which
amendments can be offered. In short, they have stalled this necessary
help to working Americans.
Tomorrow, we will have another opportunity to work on this piece of
legislation. We cannot sit on our hands. We cannot take a wait-and-see
approach. And we cannot embrace the status quo as the economy continues
to deteriorate. Let's legislate. Let's work to help beleaguered
Americans. Democrats have no agenda but to get this bill passed quickly
and fairly so the American people can reap the benefits. If we are able
to pass this legislation, it will be one where credit can go to
everybody. This is something we need to do. We cannot do it alone. We
have 51 Senators. They have 49. We have to do this together or it will
not be done at all. In America's darkest economic hour, that was the
leadership Franklin Roosevelt showed--and that is what we must do as we
face our own crisis today.

____________________

IRAQ

Mr. REID. Mr. President, in this work period, we will, once again,
because of the supplemental, turn to the raging civil war in Iraq.
To say that the Bush-Cheney spin machine lacks credibility is an
understatement as it relates to the war in Iraq.
Last week, the President marked the beginning of the sixth year of
this war by delivering more of the same disconnected rhetoric. But at
the same time he was giving this talk of progress, the facts on the
ground betrayed this happy-talk. As Republican Senator Chuck Hagel
said, the President's words--compared with the real facts on the
ground--are like ``Alice in Wonderland.'' That is what Senator Hagel
said. The situation on the ground in Iraq is fluid and rapidly
changing.
Mr. President, I was stunned this morning when I got up and listened
to the radio. Sadr has said: OK, lay down your arms on a couple
conditions--release all the prisoners, don't do any more arrests, and
leave us alone.
Mr. President, within a couple of months after this war started, the
commanders on the ground in Iraq came and told us that this man was a
criminal and he would be in jail within a matter of a couple weeks.
Now, whether that is true or not, that is up for others to decide, but
that is what we were told. And here is this man now, 5 years later, who
in effect is telling the elected leader of Iraq what to do and what not
to do.
It is clear that the Iraqi civil war persists. Within the past few
days, nearly 1,000 Iraqis have been killed in Basra alone. This war is
a war of Shiite versus Shiite, al-Maliki versus al-Sadr, Iraqi versus
Iraqi, Sunni versus Shia, Shia versus Sunni. Who is in the middle of
all of this? The American troops.
The President's spokesperson said: This is it. We are now in a
situation where the Iraqis are going to take care of their own. But, of
course, the police, when confronted, turned over their arms to al-Sadr
and walked away. They gave them their guns--I assume their badges--and
walked away. The American troops were called in; air power and ground
troops were called in. The Iraqis could not handle the situation.
As one Iraq teacher said in the New York Times this weekend, in the
closing paragraphs of a very long article:

``Unfortunately we were expecting one thing but we saw
something else,'' said Ali Hussam, 48, a teacher, who said
that after Saddam Hussein the people of Basra hoped for
peace. ``But unfortunately with the presence of this new
government and this democracy that was brought to us by the
invader it made us kill each other.''
``And the war is now between us,'' he said. But,
unfortunately, with the presence of this new government and
this democracy that was brought to us by the invader, it made
us kill each other.
And the war is now between us.

That is what he said:

And the war is now between us.

When the Vice President of the United States goes to Iraq, it is
secret. No one knows he is going there. It is not on his schedule. He
is under very high security. When the President of Iran goes to Iraq,
he announces 2 weeks in advance he is coming--not in the dead of the
night, 2 weeks in advance.
I support our troops. Whenever I say something like that, I think of
the Presiding Officer and others in this Chamber who know what it means
to support

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our troops, as someone who has carried weapons in support of his
country and as someone who has been injured as a result of wearing the
uniform of this country. So I say this with a lot of humility, but I,
along with everyone in this Senate, support our troops. Every one of us
is honored by their sacrifice and grateful beyond expression for their
outstanding work.
When it comes to judging the Iraq war, only one question matters: Are
we safer? The answer is undeniably no, and no amount of spin from the
White House can change that.
Because of Iraq, our military is stretched thin and its ability to
address new threats is compromised. Many of our troops are now on their
third, fourth, and some are on their fifth tours of duty in Iraq.
Are we safer with bin Laden free and al-Qaida strengthening? Of
course not.
Because of Iraq, our National Guard--the brave men and women charged
with protecting us from disastrous threats here at home--don't have the
manpower or the equipment to do their job effectively at home. Are we
safer with a weakened National Guard to protect us at home? Of course
not.
Because of Iraq and the Bush administration's shoot first, talk later
style of cowboy diplomacy, our moral authority in the world is
shattered, and to talk about this being cowboy diplomacy is an insult
to cowboys. Our former allies are unwilling to stand by our side. Our
ability to solve conflicts through diplomacy are diminished.
Are we safer as a weakened moral force in the world? Of course not.
The American people know this by overwhelming numbers. They continue to
oppose this war, and with good reason: We are objectively less safe
because of Iraq.
The cost of the war to our country has been enormous, not only in the
loss of lives--now more than 4,000--but also tens of thousands wounded,
a third of them gravely. We are now spending $5,000 every second in
Iraq--every second--$12 billion a month. No weekends off. No holidays
off. We are spending $5,000 a second of borrowed taxpayers' money. The
President told us the war would cost no more than $60 billion. Nobel
Prize-winning economist Joseph Stiglitz said it is going to cost us $3
trillion.
In Iraq, we--the American taxpayers--are building hospitals, roads,
bridges, dams, water systems, sewer systems, barracks for the Iraqis,
when we should be helping millions of Americans avoid losing their
homes to foreclosure. We are policing the streets in Baghdad when we
should be investing in health care and a better education system. We
are protecting oilfields in Basra when we should be funding renewable
energy production to help stem the tide of global warming.
When all is finally said and done, experts say the war is going to
cost as much as $3 trillion or more, as I have said. Where does this
come from? It is all borrowed for future generations to pay back. The
legacy of our generation could be to leave our children and
grandchildren with a safer, cleaner, and more prosperous country.
Instead, the war in Iraq will ensure that we leave future generations
with trillions of dollars in debt.
Instead of making our country safer, we are greasing the pocketbooks
of corrupt Iraqi politicians and buying their temporary cooperation.
Let's not forget this: Iraq is a rich country. It is not a poor
country--far from it. Its oil resources make it one of the world's
wealthiest countries. With the price of oil skyrocketing as it has,
think of the money that is going into their coffers. Record-high oil
prices have supplied Iraq with literally more money than they know what
to do with, but we keep spending $5,000 a second in Iraq. As we borrow
and spend billions of dollars to provide the security that the Iraqi
Government has failed to create for themselves, Iraq is bringing in
billions of oil money faster than they can open bank accounts to store
it all.
If a parent gives a teenager the choice of either getting a job or
receiving an allowance for doing nothing, the teenager will often
choose to do nothing. As long as we guarantee to the Iraqi Government
that our troops and our money will support them, they will never have
an incentive to do the job themselves. The security welfare state we
have created will go on and on forever.
I yield the floor.

____________________

RECOGNITION OF THE MINORITY LEADER

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

____________________

SOLVING PROBLEMS OR POLITICAL POSITIONING

Mr. McCONNELL. Mr. President, the Senate certainly has a lot of work
to do, and we have a good stretch of time in front of us in which to do
it. First and foremost, Americans are waiting on Congress to address
the housing crisis and the broader economy as well. They are waiting
for us to give intelligence officials the tools they need in the hunt
for terrorists. They are waiting on us to confirm qualified judges.
Farmers are waiting for a farm bill that has been in limbo for
literally months. All of us are eager to hear next week's report from
General Petraeus and Ambassador Crocker on political and military
progress over in Iraq.
In all of these areas, the Democratic leadership has an option: It
can work with Republicans to deliver help to the American people or it
can follow the partisan path that views every piece of legislation as
an opportunity not to solve problems but to position itself for the
next election.
Some on the other side are talking openly about a grand strategy for
picking up more seats in November, but their vision seems to end right
there. They seem to forget that once these seats are filled, people
expect us to accomplish something. The political route, as we have seen
time and time again, doesn't accomplish much.
America faces urgent problems, and most people care more about
addressing them than about anybody's elective prospects. We came
together earlier this year on an economic growth package and had an
accomplishment. It was a good start, but it didn't last. As the Senate
began to address the housing slump, our friends on the other side shut
Republicans out of the debate and offered a proposal of their own that
was guaranteed to fail. They proposed an ill-conceived plan that will
substantially increase monthly mortgage payments on everyone who buys a
new home or refinances. But why would Congress want to raise mortgages
at a time like this? There is simply no way that proposal is going to
fly. If our friends on the other side want to help homeowners, they
need to work with Republicans on proposals that will draw substantial
bipartisan support.
Republicans have put a number of sensible ideas on the table,
including $10 billion to refinance distressed subprime mortgages and
$15,000 tax credits for people who buy foreclosed homes as their
primary residence--a proposal that will raise the value of homes and
increase the stability and security of neighborhoods that have been hit
hard by foreclosures. We have proposed new tax benefits for struggling
businesses, new truth-in-lending requirements, expanded protections
against foreclosure for returning veterans, and FHA reform to assist
struggling homeowners who are trying to stay in their homes.
Our proposals to address the current housing crisis have broad
bipartisan support. Unlike the Democratic bill which skipped the
committee process, the FHA reform piece we proposed passed in committee
by a vote of 20 to 1.
For the good of the economy, we asked our friends on the other side
to allow a vote on these sensibly, targeted provisions. The partisan
housing bill Democrats put forward failed. Why not give our bipartisan
alternative, which will help homeowners without raising their
mortgages, a chance to succeed?
Another thing Congress can do to help the economy is to expand
markets for U.S. goods abroad, and that is what the Colombian Free
Trade Agreement would do. The Colombian Free Trade Agreement is more
than an act of friendship between allies; it would also

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strengthen our economy, and it would send a strong signal to Colombia
and our other Latin American allies that the United States stands with
those who support strong markets and free societies in the face of
intimidation and threats.
Our friends on the other side can help American farmers by finishing
the farm bill. More than 3 months has passed since the Senate completed
action on this legislation. Yet House Democrats still have yet to
appoint conferees to put together a final product. With the short-term
extension of current law expiring in just a few weeks, American farmers
are about to enter the planting season without any certainty about
legislation that significantly affects their lives.
Turning to national security, it has been nearly a year since the
Director of National Intelligence asked Congress to modernize our
Nation's electronic surveillance laws. The House had a chance to make
the necessary changes before the recess, but it chose an irresponsible
path instead, passing an amendment to the bipartisan Senate bill that
included none of the things the National Director of Intelligence had
called for. Ignoring the carefully crafted Senate bill, the House
decided it was more important to let people sue phone companies that
stepped up when the country needed them. The clock is ticking on the
legal authorities contained in the current temporary fix, and a burden
has been placed on House leadership to show that it can be trusted in
matters of national security.
General Petraeus and Ambassador Crocker will be here next week, and
Americans are eager to hear what they have to say.
Under the leadership of these two men, our prospects for protecting
America's national security interests in the Persian Gulf have vastly
improved. Last year's bold decision to launch a counterinsurgency plan
under the direction of General Petraeus has renewed our hopes for a
unified Iraq that can govern, defend, and sustain itself as an ally in
the war on terror. Our men and women in uniform have protected the
Iraqi people, scattered al-Qaida, deterred militias, and helped create
an environment that has led to progress not only at the tactical level
but in governing and reconciliation as well.
Six months ago, General Petraeus proposed a plan for bringing
counterinsurgency forces back home and transitioning their mission from
combat to partnership and oversight. A reduction in forces is underway,
and the Iraqi people are now preparing for provincial elections,
hopefully this October. Thanks to the efforts of the counterinsurgency
forces, Sunni allies now serving as sons of Iraq will have a real stake
in these elections.
Last week's decision by the Maliki government to go on offense
against Shiite militias in Basra and Baghdad showed us that we have
come a long way from the days when the Iraqi security forces wouldn't
even show up for a fight. Now they are taking the lead in major combat
operations, with recent offensives against the Iranian-trained Special
Groups, al-Qaida in Iraq, and the militias.
Next week, we will learn more about the pace of transitioning the
mission. But with U.S. forces still in harm's way, the Senate needs to
quickly approve the supplemental spending bill without any unrelated
nondefense spending. It would be pointless to repeat the partisan
battles over the supplemental that consumed so much of our time and our
energy last year. We should set aside policy prescriptions and
withdrawal timelines based on political calculations in Washington and
deliver the funds our troops in Iraq and Afghanistan need.
As we seek to help the Iraqi people stand up a stable government, we
should not neglect our own by allowing vacancies on Federal courts to
go unfilled. Three months into the new year, the Senate has not
confirmed a single judicial nominee of any kind. Let me say that again.
Three months into the new year, the Senate has not confirmed a single
judicial nominee of any kind, and it has held only one hearing on a
circuit nominee since September of last year. The process, it appears,
has ground to a complete halt. This is unacceptable, it is unfair, and
the excuses we have heard are not convincing.
Some nominees have waited hundreds of days for a simple hearing,
including those who satisfy the specific criteria of the chairman of
the Judiciary Committee for quick action, such as strong support of
home State senators. These vacancies need to be filled, especially in
places that have been declared judicial emergencies such as the Fourth
Circuit, where one of every three seats is currently vacant. Nominees
for seats on the Fourth Circuit--which covers North Carolina, Virginia,
Maryland, West Virginia, and South Carolina--are ready, well qualified,
and they have been waiting and waiting.
Since the committee has nearly stopped holding even simple hearings
for circuit court nominees for the last several months, it should make
up for lost time by holding hearings on more than one circuit court
nominee at a time, as both Democratic and Republican chairmen have done
in the past. That way, we can get these nominees confirmed.
It is time our friends on the other side stop blaming others for
their failures to act on judicial nominations. If they don't,
regretfully, Republicans will be forced to consider other options.
The Senate faces difficult challenges domestically and
internationally. Conventional wisdom says we want to address them
because it is an election year. Experience suggests some of our friends
on the other side will prefer political efforts to bipartisan
accomplishments. We saw signs of hope for a more responsible and
productive path in a rush of bipartisan accomplishments at the end of
last year and in a bipartisan economic growth bill this year, and we
have an immediate opportunity in the work period that starts today to
choose the better path on an issue that is vexing millions of
homeowners.
Knowing that public patience with partisan political games is wearing
thin, I am confident we will seize the opportunity and deliver
something soon for the American people. Then, hopefully, we can follow
it up with other accomplishments. We have the potential for a very
productive work period. Why don't we get to work and see what we can
accomplish over the next 8 weeks.
I yield the floor.
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
Mr. REID. Mr. President, the first indication we have to move forward
and have a productive work period is to see if we can do something to
help the beleaguered people who are losing their homes as we speak. We
have the opportunity to do that tomorrow.
For those within the sound of my voice, before we can move to a piece
of legislation, the Republicans have to sign off on that. They can do
it by approving what we call a motion to proceed. That motion to
proceed failed before because the Republicans voted no on our ability
to proceed. We need 60 votes to do that. I hope they will join with us
to move to this housing package and work to help us come up with a good
piece of legislation to show there must be some merit to our
legislation.
I have seen Senator Bond's legislation. It has most of our stuff in
it. It is a pretty good piece of legislation. It also has some other
things in it. It seems to me we are at a good starting point if we have
one of the main Republican proponents of housing legislation who
includes in his legislation much of what we want to go forward on. So I
think that is a good start. So I hope we can do that tomorrow. If we
move forward on the piece of legislation we have, we will finish this.
We can do it this week and send it to the House and I think they can
work much more quickly than we do. That would be a good indication we
are going to work together.
Let me say this about a couple of other things. As to the
confirmation of judges, Josh Bolten, the President's Chief of Staff,
and I spent a lot of time the week before we went on the Easter recess.
We were able to accomplish a lot of good things. I don't know the exact
number, but we were able to

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work through scores of Republican nominations the President sent
forward. I think the Democrats got 5 or 6 and the Republicans got 50 or
60. We don't have the opportunity to send as many names to the
President as he sends to us. The President's Chief of Staff wrote a
nice letter, which I received last week, saying we have established a
working facility. He is assigning one of his people at the White House,
and I have assigned my Chief of Staff. If there are things we cannot
work out, Mr. Bolten and I will work on it face to face. Part of that
is judges. We are going to do our best to work out something on judges.
That is part of the entire package.
Now, even Mr. Bolten would recognize the number of judges being sent
to us has been pretty slow. But that is no excuse. We will be happy to
move forward on nominations, generally. The White House needs a lot of
these people, and we understand that. There has to be a give and take
on this, as the White House showed the week before the recess, which
Mr. Bolten and I worked on.
So I am convinced there are a lot of things we can do. The farm bill
is something where we also need the cooperation of the White House. The
managers of this bill have worked very hard--the Senator from Georgia
and the Senator from Iowa--along with the two managers of the bill, as
it relates to finance, who have worked with their counterparts in the
House. We need to get a little better work from the White House. We
have basically worked out the numbers. We cut back the President's
numbers. We are working on the offsets now. That should be something we
can do. We need to have the White House engaged in this, but more so
than they have been.
The farm bill is important. I tell my distinguished counterpart that
I heard about this farm bill during the break. I had calls from many of
my Senators asking what can be done about this. We are trying. As
Senator McConnell notes, Senator Chambliss, the ranking member on the
Agriculture Committee, has worked with Senator Harkin. We are doing our
best to work through this. I hope we can get something done so we don't
have to extend it again. The bill expires again on April 18. We cannot
go on without renewing this bill and/or passing a new bill. If we do
not renew this legislation, the price of milk will basically go back to
1949 levels. Based on that, a half gallon of milk would be about $5. So
we have a lot of work to do.
I appreciate the constructive attitude of the Senator from Kentucky.
I don't agree with a lot of his illustrations, but I think it was a
positive statement. I hope we can work something out on these and other
issues.
The ACTING PRESIDENT pro tempore. The Senator from Kentucky is
recognized.
Mr. McCONNELL. Mr. President, I appreciate the spirit in which the
majority leader addressed my remarks on the housing issue. I think it
is safe to say there is interest on both sides in moving forward.
Whatever reservations we have on this side relate to how the minority
will be treated once we have made the decision to move forward. This is
something the majority leader and I will continue to discuss, as we
have in the last few weeks.
With regard to judges, with the best of intentions, the majority
leader and I both came up with what we thought was a reasonable goal
for the number of circuit judges that ought to be approved in this
Congress based on the pattern of each of the last three Presidents,
which had, from their point of view, the misfortune of ending their
terms with the opposition in control of the Senate. The lowest number
achieved in circuit judges was under President Clinton. It was 15. We
currently have six. If we are going to have any chance of getting to
what the majority leader and I agreed was at least a modest, achievable
goal in this Congress, we have a ways to go. I am not blaming him for
that. It strikes me that the Judiciary Committee simply isn't
functioning. But it remains the goal of mine--and I hope it is still
his goal--to meet a sort of minimal threshold of an acceptable level of
circuit judge confirmations.
I appreciate the attitude in which the majority leader has pursued
that issue from the beginning of this Congress. I hope we can continue
to work to try to get to some level that would be widely considered by
any objective standard as a fair number in this situation.
I yield the floor.

____________________

RESERVATION OF LEADER TIME

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

____________________

MORNING BUSINESS

The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will proceed to a period of morning business, with Senators
permitted to speak therein for up to 10 minutes each.
The Senator from Georgia is recognized.
Mr. DORGAN. Will the Senator yield?
Mr. ISAKSON. Yes.

____________________

ORDER OF PROCEDURE

Mr. DORGAN. Mr. President, I ask unanimous consent that I be
recognized to speak for 30 minutes in morning business following the
presentation of the Senator from Georgia.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Georgia is recognized.

____________________

SOCIAL SECURITY AND MEDICARE

Mr. ISAKSON. Mr. President, today, I will pay tribute and make some
celebratory remarks about two exciting lives in my community. First is
the upcoming celebration of the 80th birthday of Mack Henderson, a man
in my community who, besides being a leader, has been a warm and
trusted friend. He and his wife Jean have been pillars of our
community. The women's health care facility in Kennesaw was named after
them as a tribute. Mack's daughter lives in this area, in Alexandria,
VA. She has been a great friend to me. The entire Henderson family is
going to gather to celebrate the 80th birthday of Mack Henderson, a
great American and a great citizen of Cobb County. I wish him a most
happy birthday.
On March 10, another birthday occurred--the very first of my
grandson, William Edwin Isakson, born to my son Kevin and his wife
Katherine Isakson. William is our eighth grandchild. He weighed 7 pound
9 ounces. He has a great future ahead, and I wish him the very best.
It occurred to me, when I was coming to the floor to pay tribute to
Mack Henderson on his 80th birthday and to recognize the birth of my
eighth grandchild, that as I look into the future, I wonder about what
has been said in recent months about Social Security and Medicare and
about what Mack Henderson has enjoyed in his life and what I hope we
can save and procure for the life of young William Edwin Isakson.
In Mack's early years, Social Security was created. It was a promise
to Mack and to every citizen in America that when you reach the age of
65, and when you sign up and are declared eligible, you will receive a
supplement to help you in your retirement years. Mack has been retired
for 15 years and is enjoying the benefit of that.
Last week, the Social Security Administration sent out a mailer
notifying us that the time the Social Security goes bust is now moved
forward to 2041. So in Mack's lifetime, Social Security was created,
and by the 33rd birthday of my new grandson, Social Security will be
gone. Even worse, Medicare, created after Social Security, has
benefitted Mack. He has had a heart transplant and other medical
problems, and he came through them with the help and assistance of
Medicare. As for my grandson William, before he is a teenager, Medicare
will be broke, inverted, and gone. As a Member of the Senate who takes
a privilege to come to this floor and celebrate the birthday of a great
friend and the birth of a new grandson, I know I have some work to do.
So do the other 99 Senators and the 435 Representatives on the other
side of this building.

[[Page 4460]]

The President who serves now, and who will go out of office in
January, has made an effort on Social Security, and it was rejected by
organizations and others. It was an effort of privatization.
The next President will not be so lucky to be able to neglect this.
Time is running out. The next President will probably serve for 8
years. When they are out, it will be 2018, 1 year before Medicare goes
broke. I don't think we can afford to allow that to happen.
As I come to the floor and pay tribute to these great lives which are
so meaningful and significant to me, it is also an early warning for
all of us to get to work on Medicare and Social Security. I commend
Judd Gregg, the Senator from New Hampshire, for his efforts time and
again to get us to deal forthrightly with these issues. They are not
going to be easy.
I don't want to ever face seeing Medicare go out of business and
Social Security go broke. I am willing to stand up and take the heat
and make the recommendations and work hand in glove with my fellow
Republicans and with Democrats to see to it that the events on those
two dates--the date of the death of Medicare in 2019 and end of Social
Security in 2041--never take place. Between the two sides of the
political spectrum, we can find common ground if we have a willingness
to establish a goal and achieve it. I will never forget when President
John F. Kennedy came forth to the people in America and declared that
one day--8 years later--the United States would launch a man to the
Moon, land him on the Moon, and bring him home safely. We didn't know
how to do that; we didn't have the foggiest idea. We were getting
beaten badly by the Soviet Union in mathematics, science, exploration
and technology, and he was daring us to do something nobody knew how to
do. We did it by July of 1969.
I don't think saving Medicare and Social Security is as difficult or
as technical as getting a man to the Moon and bringing him home. But it
is equally as important--maybe more so--for the health, welfare, and
livelihoods of our oldest friends who are in the twilight of their
years and our children born to us this year; and it is very important
to the United States.
So this Senator pledges to his newest grandson that I will stand up
anytime, anyplace, or anywhere and work with my colleagues in the
Senate to begin the job of seeing that we fix Medicare and Social
Security and that we preserve the promise for our grandchildren that
our grandfathers have enjoyed and prospered with.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from North Dakota is
recognized.
Mr. DORGAN. Mr. President, I congratulate my friend, the Senator from
Georgia, on his new grandson. We all hope this country continues to
hold the promise it has held for so many decades now for all American
children.
Mr. ISAKSON. I thank the Senator.

____________________

THE ECONOMY

Mr. DORGAN. Mr. President, I have come today to talk a bit about the
economy and where we find ourselves. This week we are going to talk
about housing.
The effort we have made in the Senate in the majority party to pass
emergency housing legislation is very important. I want to put up some
charts that show what was happening in this country with respect to
housing and what was happening at least to begin to cause the partial
collapse we have seen.
This is an advertisement by a company called Millennia Mortgage. Here
is what it said to the American people. I don't know this company, but
they said:

Twelve months, no mortgage payment. That's right. We will
give you the money to make your first 12 payments if you call
in the next 7 days. We pay it for you. . . . Our loan program
may reduce your current monthly payment by as much as 50
percent and allow you no payments for the first 12 months.
Call us today.

Millennia Mortgage. Come over here and get a mortgage from us. You
don't have to make a payment for 12 months, they said.
Here is a company appropriately named. I don't know this company
either--Zoom Credit. They told the American people:

Credit approval is just seconds away. Get on the fast track
at Zoom Credit. At the speed of light, Zoom Credit will
preapprove you for a car loan, a home loan, or a credit card.
Even if your credit's in the tank. Zoom Credit is like money
in the bank. Zoom Credit specializes in credit repair, debt
consolidation, too, bankruptcy, slow credit, no credit--who
cares?

That is what Zoom Credit had to say to the American people.
Then Countrywide, the country's largest mortgage lender, said:

Do you have less than perfect credit? Do you have late
mortgage payments? Have you been denied by other lenders?
Call us . . .

Just call us; that is not a problem. If you are a bad risk, you don't
pay your bills, call us. This from the largest mortgage lender in this
country.
And then we wonder what happened? What could have caused all of this
economic trouble? Everyone understands this does not work. Mortgage
revenue companies advertising: Come to us if you have bad credit; let
us give you a loan of some type. And by the way, the same companies, in
many cases, applied what is called predatory lending--high-pressure,
cold-call telephone sales to people who say: I know you have a
mortgage, but we will give you a different mortgage. We will give you
one with a 2-percent interest rate, not telling them it will reset to 7
percent or 9 percent or, in some cases, more with prepayment penalties.
And the broker who was able to convince someone to do that got a big
fat bonus. The mortgage company, well, they got mortgages with big
interest rates once they reset, and prepayment penalties so the people
could not get out of them. Then what they were able to do was slice
them up and put them into--like they did in the old days, like they
would pack sawdust into sausages for filler--they would take good
mortgages, bad mortgages, subprime, potentially bad, put them all
together, slice them up, dice them, and ship them off to a hedge fund
that buys them--in some cases the mortgage banks had their own mortgage
sides to purchase these securitized investments--and no one knew what
was in them. Very much like sausage, I might say. Nobody knew what was
there.
Now all of a sudden, they have all of this paper out there and we
have about 7.2 million families with what are called subprime
mortgages, an outstanding value of $1.3 trillion. It is estimated that
2 million families will lose their homes in the next 2 years. By the
way, 2 million families, that is 5.4 million people who will be
affected by the loss of their home in the next couple of years.
We put together legislation to try to address this issue in the
Senate, and we have had great difficulty moving it. We hope in the next
day or so we will at least be able to get a motion to proceed.
It is interesting, when we are talking about trying to help some
people avoid losing their homes, they say: Well, we don't want to help
folks such as that. I agree that those who were buying houses for the
sake of flipping them, making a bunch of money in the bubble of housing
prices, I am not interested very much in them, but I am very interested
in someone who was a victim of predatory lending by a bunch of folks
who were getting rich, making a lot of money and those folks are now
threatened with losing their house. I am very interested in seeing if
we can help them a bit.
It is interesting, the big folks always get help. The Federal Reserve
Board and the administration, with Treasury Secretary Paulson, have
rushed in. They arranged for JP Morgan to buy Bear Stearns, a big old
investment bank. Bear Stearns was worth about $20 billion a couple of
months ago. It was acquired by JP Morgan for $1.3 billion in the last
couple of weeks and the Federal Government, through the Federal Reserve
Board, will put up $29 billion to pick up the risks on the assets.
Think of that. One investment bank gets a $1.3 billion acquisition of
another investment bank that was worth $20 billion a couple of weeks
ago, and

[[Page 4461]]

the Federal taxpayers come in to provide $29 billion as a safety net
for the risk JP Morgan assumes.
On top of that, the Fed comes in and says for the first time since
the Great Depression that they will make direct loans to investment
banks. They have previously made loans to depository banks over which
they have regulatory control, but now they will make direct loans to
investment banks.
In addition, they will make a $200 billion loan available to Wall
Street bond dealers. It is kind of a form of no-fault capitalism.
I don't know whether the Fed and the Bush administration are doing
the right thing. I don't know. I know we cannot, none of us--the
administration or the Fed or the Congress--decide to do nothing. We are
trying to decide on behalf of families who are about to lose homes to
see if we can't do something to give them some help. Obviously, a lot
of help has been extended to the Wall Street interests--a lot of help,
$30 billion, $200 billion, direct lending to investment banks. That is
a lot of help. But when it comes to the homeowners, well, not so fast;
let's worry about that, they say.
The Secretary of the Treasury has made the point that the problem has
not been the lack of regulation. That has exactly been the problem,
lack of regulation. We must have some kind of regulatory authority to
look over the shoulder and watch and see what is happening. But the
fact is there has been no regulation.
The fact is the Federal Reserve Board in the Greenspan era, more
recently Bernanke, and the Bush administration have watched while all
of these financial engineers have created the most sophisticated of
securities and devices. The financial engineers created things such as
derivatives, collateralized debt obligations, called CDOs, credit
default swaps--$23 trillion of notional values out there in credit
default swaps--loan syndications, securitization, off-the-balance-sheet
debt vehicles. It is unbelievable what has been going on, all in the
name of financial engineering, and while the economy was going up,
everybody thought they were all geniuses. And now as it is collapsing
like a house of cards, the Federal Reserve and the head of the Treasury
Department rush to try to help the big interests. The question is, what
about the rest of the folks who are getting hurt? There are a lot of
them. What about the rest?
I mentioned Bear Stearns was about to go belly up and the Fed and the
Treasury Department assessed that could not happen because it would
affect the entire financial system. I don't know whether they are
right. I know it has become a kind of no-fault capitalism when the
investment banks can take very big risks, and then when it comes time
that it does not work out, the taxpayers come in and say: Don't worry,
we will put up a safety net.
About 16 months ago, Bear Stearns gave the chairman of Bear Stearns,
James Cayne, a stock bonus of $14.8 million. The year before, he had
gotten $30.3 million in compensation. This company that went belly up
over the last 5 years, the chairman, Mr. Cayne, made $156 million in
income. Let me say that again. This is a company that went belly up
because it took risks that were way outside the norm, in my judgment.
The chairman received $156 million between 2002 and 2006. The CEO, Alan
Schwartz, received $141 million in income during that same period, and
the former company president, Warren Spector, $168 million.
Let me say that again. Three top officials at Bear Stearns, 15, 16
months ago received very large bonuses, and in the last 5 years
received the following compensations: $156 million, $141 million, and
$168 million. This is like hogs in a trough, all except for the
grunting and shoving, which we cannot yet hear, but we will, I assume.
It is unbelievable. There is unbelievable greed in this system.
We are told again by the Secretary of the Treasury that this was not
the fault of a lack of regulation. Of course, it was the fault of no
regulation.
This is from the Wall Street Journal, March 2008:

A year ago at a Honolulu hotel, the heads of three Federal
regulatory agencies charged with guarding the soundness of
America's banks delivered this message: We're the ones you
want regulating you.

Essentially telling them, we are going to compete for lax
regulations. It doesn't matter what you do, we are not going to watch
very much because we believe in deregulation.
So we have an unbelievable amount of hedge fund activity that did not
use to exist in this country. It is now completely deregulated--hedge
funds involved in derivatives way behind the curtain, and nobody knows
what is going on; mortgage companies advertising that you ought to get
a mortgage from them if you have bad credit because they wish to give
you a mortgage, and then they slice it up in securities and send it
around the world and no one knows what is in these securities. All of a
sudden that piece of sausage explodes and we wonder why? It exploded
because it never made good business sense, and now the American
taxpayers are going to bail them all out.
We cannot begin to address this problem unless we understand that
when the big interests are going to make hundreds of millions, even
billions of dollars as a result of almost unprecedented greed, there
needs to be some regulation. That is a fact. Regulation is not a four-
letter word. It is an essential part of good government.
Long ago, I and others have been on the floor of the Senate talking
about need for some regulation with respect to hedge funds, but we have
not been able to get legislation through the Congress. But this is not
just about regulating hedge funds; it is about the agencies that are
already empowered to regulate refusing to do their jobs.
The Secretary of the Treasury today announced a series of steps that
he portrays as a substantial addressing of the issues that are now
involved in subprime lending and the other financial difficulties. But
in many ways, it is moving the boxes around and, it appears to me to be
deregulation rather than the need for additional regulation and
additional oversight.
It is not just in this area of housing, it is not just in the area of
investment banking or hedge funds. I have mentioned on the floor
previously that there is unbelievable speculation in a range of areas.
Oil--the fact is I believe, and there are some experts who believe,
that the price of oil at the moment is about $30 above where it ought
to be. Why? Because for the first time hedge funds and investment banks
are hip deep in the oil futures market, driving up the price of oil,
having nothing at all to do with the supply and demand of oil. Once
again, unbelievable speculation. For what purpose? For the purpose of
unbelievable profitability.
We have not had investment banks previously buying oil storage
capability so they can buy oil on the futures market and take it off
the market and put it in storage and wait until the price goes up. We
have not had that before. That is the kind of speculation that I think
is counter to the interests of this country's economy. It is not
counter to the interests of those who want very large profits, even if
the rest of the American people have to pay for that unbelievable
speculation.
There are some who say, if we can address this issue now, the issue
of housing, the issue of predatory lending, if we can address the issue
of investment banks, the issues of some hedge funds, that will all be
fine. That is not the case either. There are some other underlying
problems that almost everyone in this world knows but no one is
interested in doing anything about it. The dollar is losing value
substantially for a number of reasons, but at least two of those
reasons are obvious: No. 1, an $800 billion trade deficit; No. 2, the
$700 billion required additional borrowing this year because of budget
policy.
I know the President says the deficit is a projected $410 billion.
That is not true. Take a look at what our country is going to be
required to borrow in the coming years--$700 billion. You add an $800
billion trade deficit to a $700 billion borrowing requirement because
of a reckless budget policy and you have $1.5 trillion borrowing in 1
year against a $14 trillion economy. People know that doesn't work.

[[Page 4462]]

I mean, the fact is, we have to fix this system, and we start, it
seems to me, this week, with the proposition that if we can deal with
the housing piece, at least you start trying to help some of the
American people who really deserve some help at this point in order to
keep their homes. That is the first piece of legislation on the floor
of the Senate this week. That is a reasonable thing to do. If this
Government, at its highest levels, can take billions and tens of
billions of dollars around Wall Street and say to the Wall Street
firms, here is $29 billion if you will pay $1.3 billion for a firm that
used to be worth $20 billion a couple weeks ago--if we can do that and
assume all that risk on behalf of the American taxpayers for the kind
of activities on Wall Street that represent, in my judgment, unsound
business practices and unbelievable speculation, this Congress can
certainly reach out to home owners across this country to say that we
want to give them some help. We will see tomorrow or the next day what
might or might not happen with respect to the willingness of this
Senate to address this housing issue.

____________________

WASTE, FRAUD, AND ABUSE

Mr. DORGAN. Mr. President, 2 weeks ago, I had a chance to meet Herman
Wouk, who is one of America's greatest authors. He wrote ``Caine
Mutiny'' and he wrote ``War and Remembrance.'' He is 91 years old and a
remarkable man, just a remarkable man. He was telling me something kind
of in jest. He said: You know, I don't know much about what happened
after 1945, but I know everything that happened before 1945. He was
talking about his body of work, his research on the Second World War
and prior to that period of time. And he wrote wonderful books, as all
of us know. He is one of America's greatest authors.
Herman Wouk and I were talking about the Iraq war and talking about
the stories about the Iraq war, and he said to me: Do you know anything
about the Truman Committee? Do you know anything about what happened in
the Second World War with President Harry Truman, then-Senator Harry
Truman, who created a committee, a special committee in the United
States Senate, bipartisan, to go after this issue of contract fraud
that was going on with respect to defense contracting? I told him I
certainly did know about the Truman committee, and we have had, I
believe, four votes in the Senate that I offered as amendments to
establish a Truman committee.
At this point I want to show my colleagues a photograph of a man. I
don't know this man personally. This comes from a Thursday, March 27,
edition of the New York Times.
I read an article about this man on an airplane, and I was struck by
it because it is such an unbelievable story, and it is another chapter
of, in my judgment, a shameful series of chapters of abuse of the
American people by contractors with respect to the Iraq war.
The New York Times published this article, and this is a picture of a
22-year-old man from Miami Beach. He had gotten contracts worth over
$300 million in U.S. taxpayers' dollars, and he had signed a contract
with the U.S. Army to provide arms to Afghan soldiers.
Apparently, we, as taxpayers, and the U.S. Army, were trying to
provide additional arms for the Afghan Army with which to fight and
defend itself. So this 22-year-old man got a $300 million contract from
the Army Sustainment Command, through a company that had been a shell
for a number of years established by this man's father. Mr. Diveroli is
his name. This is a mug shot from the Miami Dade Police Department. He
had allegedly assaulted a parking lot attendant and had a forged
driver's license when he was arrested, which made him out to be 4 years
older than he really was. He told police he had gotten the forged
driver's license to buy alcohol, but now that he was over 21 he didn't
need it any longer.
So this is a 22-year-old man who was the CEO of a company called AEY
based in Miami Beach. And this is a picture of the building that was
headquarters for his company, but there was nothing on any door in the
building. Apparently, in one part of this building an office was
supposed to be his office, but there was nothing that identified his
office.
And here is a picture of his vice president, the vice president of
this company, this company to which the U.S. Army gave a $300 million
contract. The vice president is a 25-year-old masseur named David
Packouz. He is the former vice president of the firm that got $300
million. So you have a 22-year-old and a 25-year-old masseur who get
$300 million from the U.S. Army.
Now, what did they do with the $300 million? Well, the next
photograph, again from the New York Times, shows outdated ammunition
sold to Afghan forces, including 40-year-old Chinese-made cartridges.
So these folks got $300 million and they were providing mid-1960s
cartridges to the Afghan Army, which the Afghan Army was receiving in
cardboard boxes that had not been properly taped and were falling
apart. The Afghan Army described these armaments as junk. Here is an
Afghan policeman surveying 42-year-old Chinese ammunition that arrived
in crumbling boxes.
Again, American taxpayers, through the Army Sustainment Command, paid
hundreds of millions of dollars to a company that previously had been a
shell company, a shell corporation, now run by a 22-year-old who says
that he is the only employee of the corporation.
Now, Mr. President, I have spent a lot of time on the floor of the
Senate on these kinds of issues. It is pretty unbelievable when you
think about it. I don't know Mr. Diveroli personally. Never met him. I
do know that three reporters from the New York Times
did some extraordinary work--C.J. Chivers, Eric Schmitt, and Nicholas
Wood, to expose his activities. I don't know how long it took them to
do this investigative piece, but it is two full pages inside the New
York Times. They obviously traveled to Afghanistan and other countries
to finish this investigative piece. We wouldn't know about this issue
were it not for investigative reports by the New York Times.
In January of 2007, that is just 14 months ago, the most recent
award, which I believe was $150 million, was given by the Army
Sustainment Command, and the Army Sustainment Command said:

AEY's proposal represented the best value to the
government.

I am telling you, this part of the U.S. Army has a lot of explaining
to do to this Congress and to the American people. This is the same
Army Sustainment Command and, incidentally, the same general in charge
of the Army Sustainment Command who went to a hearing here in the
Senate, and following my testimony before a hearing about the water
problems in Iraq and about Halliburton Corporation providing water to
the troops, nonpotable water that was twice as contaminated as raw
water from the Euphrates River, we had the evidence, internal
Halliburton memorandums, saying it was a near miss. It could have
caused mass sickness or death. This is the same general who went to
that Senate committee and said: Never happened.
Well, now the inspector general has finished an investigation and
said in fact it did happen. It did happen. This general has some
explaining to do.
I have asked Secretary Gates, the Defense Secretary, to ask this
general to explain himself, and so should this Congress.
But I don't understand, I just don't understand how even following
information sent to this country, to the Army Sustainment Command by
U.S. military officers in Afghanistan, saying what they are sending
over here in the form of armaments under this contract is junk and it
needs to stop, even following that it continued. It is an unbelievable
amount of government waste.
This is but one issue. And we wouldn't know about it if it were not
for the New York Times. This has been going on for years. We have been
fighting in Iraq longer than we were fighting in the Second World War.

[[Page 4463]]

Now, let me go back to something they did in the Second World War.
Harry Truman, in this Chamber, stood up and offered a proposal to
create the Truman Committee, bipartisan. For $15,000, they created a
committee, and it worked for 7 years and saved $15 billion
investigating waste, fraud, and abuse in defense spending during the
Second World War. Now, Mr. President, I have been trying for 4 years to
get this Congress to empower a committee and to impanel a bipartisan
committee to go after this kind of waste, fraud, and abuse.
Let me go over just a few of the things. I have held, I believe,
about 12 hearings in the Policy Committee, but the Democratic Policy
Committee does not have subpoena power, and I have only held these
hearings because other committees have not. Oversight is a
responsibility of this Congress.
Mr. President, I want to show a photograph of Bunnatine Greenhouse. I
have done it on many occasions. But the reason I wanted to show the
photograph is because Bunnatine Greenhouse is a very courageous woman.
This woman rose to become the highest civilian official at the U.S.
Army Corps of Engineers. This is a remarkable woman. By all accounts,
according to people outside of government, she was the finest
purchasing agent and an unbelievable public servant. But she blew the
whistle on abusive Halliburton contracts. She said it was the most
significant abuse of contracting authority she had seen in her career.
Guess what happened to her. It is what happens to too many
whistleblowers. She got demoted and lost her job. She got demoted
because she had the guts to speak out.
This whole issue has now been subsumed behind the wall in the Defense
Department. We can't talk about it now because it is under
investigation. This woman lost her job nearly 4 years ago and was
replaced, by the way, by someone who had no experience, not a day's
worth of experience in contracting authority. That is the way it works
over there. You blow the whistle, you pay for it with your career.
I called the person that hired Bunnatine Greenhouse one night at his
home--LTG Joe Ballard. He had since retired from the military. And I
said: General Ballard, Bunnatine Greenhouse spoke out about the
billions of dollars given the Halliburton Corporation and the abuse and
the way those contracts were let and she was demoted. Tell me about
Bunnatine Greenhouse. You hired her.
He said: She is the best. She got a raw deal.
This is from General Ballard, since retired. Well, the Pentagon
decided to award a big no-bid, sole-source contract to the Halliburton
Corporation. It is called Restore Iraqi Oil, the RIO-C, and then they
had other contracts--the LOGCAP contract. The waivers that were
required were not given. This was short-circuited, and we have seen the
result of this now for a long period of time.
Mr. President, I have been to the floor a good many times to talk
about the hearings I have held, and I don't mean to single out
Halliburton, it is just the company that has gotten the biggest
contracts. But when a company gets hundreds of millions of dollars, or
billions of dollars and then, in my judgment, is not performing and is
taking all the money, we have a right to ask questions. We had $85,000
brand new trucks left beside the road in a zone that was not considered
hostile at all, to be torched and set on fire because they didn't have
enough equipment, or didn't have a wrench to fix a tire; $85,000 brand
new trucks left to be torched beside the road in safe areas because
they had a plugged fuel tank. The attitude is that it doesn't matter,
the taxpayers will pay for that. It doesn't matter, it is a cost-plus
contract. A cost-plus contract, taxpayers will pay for that.
Let me show a towel. It is sometimes the smallest issues that make
the biggest points. Henry Bunting came and testified for the
Halliburton Corporation. He worked in Kuwait. He was the purchasing
agent for our troops in Iraq.
One of his jobs was to purchase towels, so he wrote out a purchase
order for towels for the troops and his supervisor looked at that and
said no, you can't buy those towels. Bunting wanted to buy plain white
towels. He was told that he needed to buy a towel that has KBR's logo,
Kellogg Brown & Root, a subsidiary of Halliburton, embroidered on it.
He said the problem is that will triple the cost of the towels they are
buying for the troops. His supervisor said you don't understand, it
doesn't matter. These are cost-plus contracts. It doesn't matter.
Henry Bunting told us about tripling or quadrupling the cost of
towels, about paying $45 for a case of Coca-Cola, about $7,600 for a 1-
month lease of an SUV, about 25 tons of nails sitting on the ground, on
the sand of Iraq, because somebody ordered 50,000 pounds of nails and
ordered them too short. It doesn't matter, the taxpayer pays for all
that. Throw them on the sand and reorder.
How about charging for 42,000 meals for the soldiers, a day, and
serving only 14,000 meals a day? Missing, 28,000 meals. It doesn't look
like an innocent mistake to me. Rory Mayberry came to testify at a
hearing I held. He was a supervisor of food service for the Halliburton
subsidiary. He said we were told that when an auditor came by, don't
you dare talk to an auditor. We forbid you to speak to a government
auditor. He said they were routinely charging for more food for
soldiers than solders existed--routinely. He said they were routinely
serving expired, date-stamped food. The supervisor said it doesn't
matter, serve it to the troops.
I mentioned the issue of water quality; again, the issue of
requirement in the contract to provide water to our troops at the
military bases in Iraq. That was a Halliburton contract. A couple of
whistleblowers came to me and gave me the internal memorandum in the
company. They were providing water that was twice as contaminated as
raw water from the Euphrates River. I had it in writing. Yet
Halliburton denied it and so did the U.S. Army. Only when the inspector
general did the investigation I requested did we find out Halliburton
was not telling the truth, nor was the U.S. Army. That is a sad
comment.
I want to show a picture of some money. The fellow who was holding
this cash came to testify. I believe I have a chart that shows the
money. These are one-hundred dollar bills, in bricks, wrapped with
Saran Wrap. This guy, named Frank--this was in a building in Baghdad.
Down below in the vault of that building were several billion dollars.
By the way, $18 billion of cash was loaded on C-130s, from this
country, to go to Iraq--$18 billion in cash. It was not accounted for.
There was a man who was contracted to be able to do the accounting.
His name was Howell. His address was a residential home in San Diego,
CA, and his company allegedly was NorthStar Consulting. No one has ever
been able to find anything NorthStar Consulting did, except we know
they got $1.4 million and there is no evidence they had any accounting
on staff, any accountant at all. There is no evidence that any of the
$18 billion in cash that was moved by C-130 airplanes to Iraq was
accounted for.
This is $2 million. This $2 million.
By the way, Frank said from time to time they would throw these
around as footballs in the office because there was a lot of cash
around there. He said the refrain in their office was: You bring a bag
because we pay in cash. He said it was like the Wild West.
This belonged to Custer Battles, by the way, this cash. They showed
up in Iraq with no experience, a new company. They got $100 million in
new contracts very quickly and then a whistleblower--at least the
whistleblower says they threatened to kill him. He said you can't do
this. They took forklift trucks that belonged to the Baghdad Airport,
allegedly painted them blue, and then sold them back to the Coalition
Provisional Authority. That was us, by the way. We were paying for all
of that. Custer Battles, this was one of their payments. I expect they
have been under criminal investigation now for some while--and if they
have not, they should be. That was only $2 million, but they got $100
million.

[[Page 4464]]

There is so much to say about these issues. The Parsons Corporation
is a company that was to build health clinics in Iraq. The Parsons
Corporation was provided $243 million in a contract by us to build or
repair 142 health clinics in the country of Iraq. Three years later the
$200 million was gone, but there were only 20 health clinics and those
that existed were of shoddy construction. A man who was an Iraqi
physician, a doctor, came and talked to me about it. He said he went to
the Iraqi health minister because he knew this money was supposed to go
to address health issues in Iraq. He said to the Iraqi health minister,
I understand an American company got $200-plus million. I want to tour
all these healthcare facilities that were supposed to be built. The
Iraqi health minister said you don't understand. Many of these were
imaginary clinics.
The money is gone. The American taxpayer got fleeced again. The money
is all gone, but the clinics don't exist.
We have shoveled money out the door here in this Congress. This
President has said I want to send soldiers to war but I do not intend
to pay for it. Not a cent of it has been paid for. Since the war
started, every single dollar has been requested as an emergency by the
President, emergency spending. It is unbelievable; nearly two-thirds of
a trillion dollars emergency spending. A substantial amount of money
has been shoveled out the door here for contracting, very big contracts
in Iraq--some reconstruction, some replenishment of military accounts,
but very large contracts with almost no oversight. The American
taxpayer has been stolen blind. This is easy to say, in my judgment,
the largest amount of waste, fraud, and abuse in the history of this
country.
It has gone on for over 5 years. There is no excuse, none, for this
Congress not creating a Truman committee with subpoena power,
bipartisan, to investigate and bring justice and provide the oversight
necessary on this kind of contract abuse. There is no excuse.
I know some over the years have made excuses. I have offered the
amendment three times, perhaps four, but we voted on it three times. I
have people stand up in the Senate and say we are doing the oversight
hearings, we are doing hearings. We are not. That is not true. The
Appropriations Committee did one a month ago after I pushed and pushed.
I appreciate the Appropriations Committee doing it. We will do another
one in about a month, a little less than a month. That is fine. That is
not a substitute for doing 60 hearings a year for 7 years, as the
Truman committee did.
American taxpayers deserve better than they have gotten from this
President and from the Congress for the last 5 years.
Senator Reid and I have talked about this a great deal. Senator Reid
has aggressively supported the creation of a special committee, a
bipartisan committee to investigate this kind of waste, fraud, and
abuse. It is long past the time we do it.
I come back to the point I made originally. When I pick up a New York
Times and see that $300 million of contracts is given to a shell
corporation in Miami, FL, with no name on the door of the building, a
corporation headed by a 22-year-old as president, a 26-year-old masseur
as vice president, I ask the question: Who makes those judgments? Who
is responsible? Who is accountable?
From that several hundred million dollars, 50-year-old weaponry is
sent to Afghanistan in the name of American taxpayers, in boxes that
are not taped up properly, weaponry that comes, in some cases, from the
1960s, in China.
That is unbelievable to me. Some might be able to read the New York
Times piece and say that is all right, I have read this before. I have
read we were double charged for gasoline for our American troops in
Iraq. I have read we were overcharged for meals. I read we paid for
health clinics that did not get built. I read all these things. You
know what, it is not such a big deal.
It is a big deal with me. It ought to be a big deal with this
Congress. The American people, I think, are sick and tired of this and
they deserve a Congress that is going to do something about it.
I obviously wish I didn't have to come to the floor to talk about
this. I wish instead my energy was devoted to a committee that had
subpoena power. The very first thing we should do--and, by the way, I
am writing a letter to the appropriate subcommittee saying I want you
to subpoena the principals in this contract and I want you to subpoena
the general in charge of the Army Sustainment Command and I want them
to come to testify and explain to the American people and explain to us
how is it during wartime that we seem to blink and turn our head to
what is, I believe, war profiteering. Who has allowed us be that immune
to the interests of the American troops? This undermines and disserves
the American soldiers. It certainly disserves the American taxpayers
and does not represent the best interests of this country.
In the coming days I intend to come to the floor a good many times to
speak about this and be a general burr under the saddle--which is a
term that people are perhaps more acquainted with in my home State
because we raise a lot of horses. But it seems to me the only way to
get this sort of thing done is to be a problem and to embarrass those
who do not want to do it, and I am prepared to do that. I think it is
long past the time to say to the American people: You don't have to
read it anymore in the newspaper. The newspaper is not going to be
required to do oversight for this Congress. The Congress finally, at
long last, will do its own oversight and will do a good job and tell
the American people you can count on us. That has not been the case
earlier when this war started because no one wanted to do the necessary
kind of oversight because it was the kind of oversight that would
probably raise some hackles and embarrass some folks.
I might also say, there was a piece of legislation passed--in fact,
the Presiding Officer, Senator Webb, and Senator McCaskill and others
put it together last year, which I supported--which deals with a Truman
commission. It is not the equivalent of a Truman committee. A Truman
committee is a standing committee with subpoena power, but the Truman
Commission is a step forward and I supported it. It will be a
commission that operates on a one-time basis to develop recommendations
and take a look at what is happening.
The Wartime Contracting Commission has a 2-year sunset, and I commend
my colleagues for trying to put together and for successfully putting
together a commission, but I do say that we need in this Congress a
committee, a bipartisan select committee, with subpoena power and we
need it now.
I yield the floor. 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. KYL. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Cardin). Without objection, it is so
ordered.
Mr. KYL. Mr. President, I ask unanimous consent that I may speak for
such time as I might consume.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Arizona is recognized.

____________________

AMERICAN HISTORY

Mr. KYL. Mr. President, in the Senate, we are surrounded by history.
The same can be said of the Capitol itself and, of course, of
Washington, DC. It is very humbling to think that when we travel around
the Nation's Capital, we are following the paths that many great
statesmen walked before us.
Reflecting on our past can be a source of great pleasure, and it can
lead to great insight. Learning about the lives of great Americans--the
grand accomplishments and humanizing habits--is both entertaining and
educational. Indeed, it is emblazoned in the rotunda in the Library of
Congress that ``History is the biography of

[[Page 4465]]

great men.'' The accomplishments of great Americans give us heights to
which to aspire, and their failures give us guidance for our own
pursuits.
Unfortunately, the pleasure of knowing history escapes many younger
Americans. Study after study has shown that our students lack even a
rudimentary knowledge of American history.
The most recent National Assessment of Education Progress found that
elementary, middle, and high school students fall short in terms of
what they know about U.S. history. According to the NAEP, the Nation's
report card, roughly a third of fourth graders and eighth graders fall
below what is deemed a ``basic'' level of proficiency in U.S. history.
Our high schoolers fare much worse. More than half of 12th graders fall
below the ``basic level.''
The news does not improve as students move on to college. Older
students fare poorly as well, even those who attend what are considered
our top universities and colleges. A recent survey of college freshmen
and seniors revealed that many students are ignorant of what many of us
consider basic facts of American history. For instance, only 47 percent
of freshmen knew that Yorktown brought the Revolutionary War to an end.
Seniors did even worse--only 45 percent knew. Another example: 42
percent of college freshmen could not identify on a multiple-choice
test the 25-year period during which Abraham Lincoln was elected
President. And another: 15 percent of seniors did not know that the
Declaration of Independence denotes the inalienable rights of life,
liberty, and the pursuit of happiness.
The results are disappointing, to say the least. They reveal that
younger Americans have a poor concept of what is necessary for good
citizenship. What is the basis for the social compact of Americans?
Many younger Americans do not know that our Government was founded on
principles and values of innate equality and liberty. We have known
about these deficiencies for a long time. Yet very little progress has
occurred. This must change if American voters are to be able to
evaluate candidates and issues on the basis of American principles and
values.
It was 13 years ago that the Senate debated the national illiteracy
of U.S. history. At that time, the Senate was considering controversial
national U.S. history standards. These standards were flawed,
neglecting important individuals, ideas, and events for the sake of
politically correct subjects. As poor as the standards were, they did
respond to what many recognized as a serious and legitimate problem:
the Nation's children were not learning U.S. history.
As Senator Slade Gorton noted during that debate:

The founding truths of this country may have been self-
evident to the Founders, but as studies have demonstrated
again and again, they are not genetically transmitted.

Studies have continued to demonstrate just that.
So what to do about it? Most of what we learn about our country we
learn in school, but today's curricula does little to interest our
students. So says former Secretary of Education William Bennett. In an
article in National Review last year, he wrote:

It's not our children's fault. . . .Many of our history
books are either too tendentious--disseminating a one-sided,
politically correct view of history of the greatest nation
that ever existed; or, worse, they are boring--providing a
watered down, anemic version of a people who have fought wars
at home and abroad for the purposes of liberty and equality,
conquered deadly diseases, and placed men on the moon.

Today's textbooks, say scholars like Bennett, do not relate the drama
of our Nation, they are lifeless and boring, and they shy away from
conveying the uniqueness and the extraordinary nature of America. Ours
is a very special Nation based on what our Founders called ``truths.''
Is it conceivable that our unprecedented freedom, success, and
leadership is influenced by these truths and the governmental
structures designed to reflect them? You would not know it from some
histories.
I believe our students would be well served by reading texts such as
``A Patriot's History of the United States.'' I like the way the
authors of this book describe their approach to writing a volume of
American history. They say:

We remain convinced that if the story of America's past is
told fairly, the result cannot be anything but a deepened
patriotism, a sense of awe at the obstacles overcome, the
passion invested, the blood and tears spilled, and the nation
that was built.

That is the spirit we should convey to our children. And it does not
have to be politically correct--just fair. Of course, American history
cannot ignore the bad, but it also should not neglect individuals,
ideas, and events that inspire.
My colleague, Senator Lieberman, had it right in 1995. He said:

We do not need sanitized history that only celebrates our
triumphs. . . .But we also do not need to give our children a
warped and negative view of Western civilization, of American
civilization, of the accomplishments, the extraordinary
accomplishments and contributions of both.

Why is this important today? First, to quote my colleague from
Connecticut again:

History is important. We learn from it. It tells us who we
are, and from our sense of who we are, we help determine who
we will be by our actions.

It is especially important in an election year, where knowledge of
the past can help us evaluate events and candidates of today.
It is imperative that in these times Americans understand who we are
as Americans. Americans must comprehend the principles and values on
which this country was built because we are engaged in a great
ideological confrontation with people who are dedicated to destroying
us--a confrontation that will be arduous and difficult. The terrorist
conflict in which we are engaged is one of values and principles, and
future generations cannot act on these values if they are ignorant of
American history.
When citizens begin to grow ignorant of who they are, one of the
first symptoms is a loss of willpower. Learning about our past tells us
who we are, and with that knowledge we are equipped to face the
challenges and fight the wars we face today and in the future. Indeed,
if future generations do not appreciate what we have--why it is so
precious, why it needs defending--they will not do the hard things
necessary to defend it.
In a speech to Harvard University's graduating class of 1978,
Alexander Solzhenitsyn confronted the West's weak confrontation of
communism.
It is probably worth noting here another item in the survey of
college students I mentioned earlier. That survey found that about a
quarter of freshmen were unable to complete this sentence correctly:
``The major powers at odds with each other in the `Cold War' were the
United States and [blank].'' A quarter of the students could not come
up with the name--Soviet Union--and it was a multiple-choice quiz.
Solzhenitsyn's speech is particularly instructive even as we face a
different ideological threat today. He warned:

No weapons, no matter how powerful, can help the West until
it overcomes its loss of willpower.

Some of the debates we have been having in the Senate raise the
question of whether we are there again.
Thirty years after Solzhenitsyn, we need to summon willpower for this
new conflict. We are engaged in a struggle against a radical ideology
whose adherents want to eradicate us. The enemy we are fighting hates
us because of our values and our principles, the origins of which are
unknown to many young Americans. But a lack of willpower has inhibited
our struggle against these global terrorists.
Last year, the Senate spent many hours debating whether to withdraw
from Iraq before we had completed our mission. We have spent too much
time arguing over terrorists' civil rights. Solzhenitsyn, in fact,
presaged our current debate in 1978 when he observed:

When a government starts an earnest fight against
terrorism, public opinion immediately accuses it of violating
the terrorist's civil rights.

Such accusations are a sign of a lack of will to defeat an implacable
enemy.
This brings me to a final figure, another Soviet dissident and
another witness to the destructive power of dangerous ideologies, like
Solzhenitsyn.

[[Page 4466]]

These are both men who understand the necessity of willpower in the
face of evil.
A couple of years ago, writing in the journal ``The New Criterion,''
Roger Kimball, in his essay ``After the suicide of the West,''
discussed the insights of the Polish philosopher Leszek Kolakowski, who
lived both through the fascism of the Nazis and the communism of the
Soviet Empire. He was also active in the Polish Solidarity movement.
Kimball paraphrases Kolakowski and illuminates why knowledge of our
history is so key for the maintenance of our willpower. Kimball writes:

Kolakowski is surely right that our liberal, pluralistic
democracy depends for its survival not only on the continued
existence of its institutions, but also ``on belief in their
value and a widespread will to defend them.''

One can surely question whether the next generation of Americans
really believes in the value of our institutions. After all, what is it
they have to base their judgment on when they know very little about
the institutions themselves?
A few years ago, in 2003, the Library of Congress recognized
Kolakowski for his intellectual achievements. After receiving his
award, he made a speech in which he passionately explained why history
is so important and why it is an important matter for discussion.
He said:

Historical knowledge is crucial to each of us: to
schoolchildren and students, to young and to old. We must
absorb history as our own, with all its horrors and
monstrosities, as well as its beauty and splendor, its
cruelties and persecutions, as well as all the magnificent
works of the human mind and hand; we must do this if we are
to know our proper place in the universe, to know who we are
and how we should act.

And he goes on:

One might ask what is the point of repeating these
banalities? The answer is that it is important to keep on
repeating them again and again, because these are banalities
we often find it convenient to forget; and if we forget them
and they fall into oblivion, we will be condemning our
culture, that is to say ourselves, to ultimate and
irrevocable ruin.

Studies of our young people's knowledge of history confirm the wisdom
of this observation and raise questions about the risk to our history
of falling into oblivion.
``Thankfully, historical amnesia still has a cure,'' Secretary Bill
Bennett reminds us. ``Let us begin the regimen now.''
We need a cure, because as long as we suffer from this amnesia, we
will be fighting two wars: A war against our enemies who wish to do us
harm and a war against our will, the loss of which will let them.
The fate of future generations depends on how we answer the enemy's
challenge today. To do that, we must clearly understand the values and
principles that make us who we are. The truth is no one will fight
long, either literally or figuratively, for values and principles he
doesn't understand.
Americans must know what is worth fighting for, must maintain the
willpower to do it, and must apply the lessons of our past to our
current threats. So we must find a way to help students understand the
values and the principles upon which our Nation is founded. The
solution begins at a fundamental level of learning and education. Our
students need textbooks that capture the life of history--Bill Bennett
suggests a national contest for better history textbooks--and draw
young people to the study of our Nation's story.
The solution, however, must go beyond changes to curriculum. As a
nation, we must learn to embrace our history again and discard the
politically correct, relativistic version of our history that has
persisted for far too long. We must act now to preserve for future
generations what we know to be so important. Let us get about the job.
Mr. President, I note the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

HOUSING CRISIS

Mrs. MURRAY. Mr. President, over the last year, Americans across the
country have watched as our economy has faltered, and for far too many
families the economic downturn has hit home in the form of a
foreclosure. This is a time when we badly need a strong and effective
response from the administration led, in part, by the Department of
Housing and Urban Development.
But instead of helping the millions of families who are struggling to
stay above water, HUD has been almost constantly distracted by the
ethical questions that have been facing its Secretary, Alphonso
Jackson. Ten days ago, I felt the problem had reached a breaking point,
so I called for Secretary Jackson's resignation. Today, Mr. Jackson
announced he has decided to move on, and President Bush must now
nominate a new Housing Secretary with the experience and the
credibility to attack this crisis rather than hide from it.
Mr. President, I hope this development is a sign that the
administration wants to finally make the needs of American families a
priority. I hope it is a sign that the administration wants to work
with Congress on a meaningful response to the crisis that has swept
across this Nation. I hope President Bush will change his position and
support our effort to pass legislation that will help millions of
families who are facing foreclosure today.
This week, we will give President Bush and the Republican Senators
that chance again as we take up the Foreclosure Prevention Act for the
second time this year. Until now, it seems that some on the other side
of the aisle have been more responsive to Wall Street than Main Street.
So I hope my colleagues who were home over the break have listened,
as I have, to the concerns of their constituents and have now returned
ready to work and address our Nation's housing crisis. This truly is a
crisis. I wish to spend a couple minutes talking about why we have to
take action now.
As many as 2 million American families are going to lose their homes
to foreclosure this year. Each foreclosure represents a family whose
dream of a comfortable home and secure future has been dashed. Each
foreclosure weakens the foundation of our entire economy and our
communities. Foreclosures have left our neighborhoods full of vacant
homes. Foreclosures have left our families distressed and troubled, and
communities are now reporting a higher crime rate as a result of this
crisis. State and local governments are seeing their tax revenues drop
even as their needs are piling up. We in Congress can help prevent this
by investing in our communities and providing support for families who
risk losing everything.
The Foreclosure Prevention Act would make changes in bankruptcy laws
so that more financially troubled families could keep their homes. It
would change lending laws to prevent more borrowers from accepting
terms they don't understand and cannot afford. It would provide an
additional $200 million to help housing counselors continue to reach
out to families who are at risk of foreclosure.
I wish to focus on the last point because it is extremely important.
Too many homeowners today don't know they can get help when they get
behind on their mortgage. Too many of them don't contact their lender
when they miss their first payment. Too many are just intimidated or
don't feel they can trust anyone. The Foreclosure Prevention Act would
give counseling agencies the resources they need to reach out and let
borrowers know they have options. Counseling can help families
negotiate with their lenders, readjust their payments, or learn how to
budget their expenses better.
Last month, I had the opportunity to meet a single mother from Ohio.
She had fallen on hard times which, in turn, led her to fall behind in
her mortgage. Luckily, with housing counseling made possible by
NeighborWorks America, she and her children were

[[Page 4467]]

able to stay in their home. She explained to me that when she got
behind, she was simply overwhelmed; she didn't know what to do. She
said this is not something about which they teach you in school.
Our economic health in this country depends on Americans having a
safe and stable place to live and raise their families. We want every
family to know there is help out there. The Foreclosure Prevention Act
would help make sure families that risk losing everything get the help
they need before it is too late.
Across this country, people are worried about whether they are going
to be able to keep their homes, whether their jobs will be eliminated,
and how they are going to pay for health care when they or their
children get sick. These are real families, and these are real
communities in need of help.
We need to pass this reform immediately. Americans want action. We
wanted to pass it last month, and we were stopped by Republican efforts
to block this bill. So I hope now, as we have returned from the recess,
President Bush and our Republican colleagues will support our efforts.
I hope they will come with us tomorrow, stand with us, and pass
meaningful reform that will give homeowners the help they need, allow
them to keep their homes, give their families hope, and ultimately make
our communities strong again.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent to speak in
morning business for as long as I may need.
The PRESIDING OFFICER. Without objection, it is so ordered. The
Senator from Alaska is recognized.

____________________

UNITED STATES COAST GUARD

Ms. MURKOWSKI. Mr. President, many of my fellow Americans are very
aware of the exhilaration but also the dangers and risks of commercial
fishing in Alaska's Bering Sea. The pictures and the stories--and even
the sounds--are brought into our living rooms every week on the
Discovery Channel program ``The Deadliest Catch.'' Many have seen it.
When the Bering Sea fishing fleet finds itself in trouble, they rely
on the men and women of the U.S. Coast Guard to truly make order from
the chaos. These stories have not escaped Hollywood's attention. It is
not only seen on ``The Deadliest Catch,'' but there was a 2006 feature
film, ``The Guardian,'' starring Kevin Costner and Ashton Kutcher,
which paid tribute to the Coast Guard search and rescue teams based at
Air Station Kodiak in Alaska. Coast Guard Air Station Kodiak is home to
aircrews and rescue swimmers who endure some of the harshest winds and
seas in the world. They put their own lives on the line every day so
that others may live.
The events that were depicted in ``The Guardian'' were fictional, but
the events that transpired this past Easter morning in the Bering Sea
were very real. I rise today to honor the men and women of the U.S.
Coast Guard who participated in efforts to rescue the 47-member crew of
the fishing vessel Alaska Ranger. As a direct result of these heroic
efforts, 42 members of the Ranger's crew survived. There were no Coast
Guard lives lost. In the words of RADM Arthur Brooks, commander of the
Seventeenth Coast Guard District, it was ``one of the greatest search
and rescue efforts in modern history.''
Let me kind of paint the scene for you. It was 2:52 a.m. local time
on Easter Sunday, March 23, that the Alaska Ranger, a Seattle-based
factory trawler, radioed the Coast Guard Communications Station Kodiak
with a distress call. The vessel at that time was located 120 miles
west of Dutch Harbor at the end of the Aleutian Chain. The vessel was
taking on water. There were 25-knot winds and seas 6 to 8 feet high.
The Coast Guard immediately launched a rescue effort. There was a
cutter, two helicopters, and a C-130. The crew of the Ranger had to
abandon ship before the first Coast Guard asset arrived.
First to arrive on the scene is a Coast Guard Jayhawk Rescue
Helicopter, deployed from St. Paul Island, located about 230 miles to
the north of where the Alaska Ranger was at the time.
The Jayhawk carried a crew of four men. There was no backup. The
Jayhawk arrives on the scene about 5:30 a.m. This is about 2\1/2\ hours
after the first distress call. This helps put in perspective the
distances with which we are dealing. By this point in time, the Alaska
Ranger has already sunk in the water. The vessel is completely gone. It
has already sunk in water that is more than 6,300 feet deep.
The air crew flies in and looks upon this sea of flashing strobe
lights. Keep in mind, this is 5:30 in the morning. It is still dark.
They have wind and sleet and waves coming up, and they see this sea of
flashing strobe lights, probably a mile end to end. They are looking
down at this scene through the helicopter thinking there is a light
there: Is that a liferaft? Yet another light and another light. Each
light is a member of the Ranger's crew wearing a survival suit. Some
are in liferafts, but others were literally in this human chain
stretching almost a mile in length. Others are floating alone. The
water temperature in the sea is about 32 degrees.
Rescue swimmer O'Brien Hollow is lowered into the water to triage the
survivors. One by one, he positions the survivors to be hoisted into
the helicopter above. The helicopter is tossing above in these very
heavy winds. Hollow is tethered to the helicopter from above.
We also have then the Coast Guard cutter Munro. It has been diverted
from its position 130 nautical miles south of the incident. It is
racing to the scene at the speed of about 30 knots.
The Munro carries a Dolphin rescue helicopter which lifts off the
Munro some 80 miles before the cutter arrives at the scene.
Rescue swimmer Abram Heller is lowered into the water and begins to
gather victims to be hoisted into the basket to be lifted up into the
helicopter. Heller stays in the water to make room on the Dolphin for
survivors.
One has to remember, they have some 47 men in the water. They are
trying to lift them into the basket and then into the helicopter, but
the helicopter can only accommodate so many people. The rescue swimmer
is saying: I am going to stay down here; move this group to safety.
The Jayhawk then departs the scene for the Munro, but the Jayhawk
cannot land on the cutter's deck because it is too big. So the Jayhawk
crew hoists the survivors down to the Munro's deck one by one. Just as
they have been lifting survivors out of the sea into this helicopter
that is pitching around in the air, they now have to be dropped down to
the deck one at a time in the basket.
In the meantime, a fuel line is sent up from the Munro's deck to
refuel the Jayhawk, and it then departs to the scene.
The Jayhawk recovers Heller, the rescue swimmer who has been down
there with the survivors, and rescues more survivors. In total, the
Jayhawk is responsible for saving 15 lives. The Dolphin saves five
lives.
The third player in this supremely heroic effort is a Coast Guard C-
130, which circled over the scene serving as an airborne coordination
and communications platform.
The Coast Guard also received substantial assistance from the
Ranger's sister fishing vessel, the Alaska Warrior. The Alaska Warrior
also had been out on the Alaska fishing grounds. They left their
fishing grounds to pick up 22 survivors from the Ranger who were in
liferafts and then returned them to Dutch Harbor.
Unfortunately, four of the Ranger's crew members could not be saved.
One still remains unaccounted for. The Coast Guard sent the Jayhawk and
a C-

[[Page 4468]]

130 back to the scene with fresh crews to search for the missing
mariner but without success. The search for the missing crew member was
suspended on Tuesday, March 25.
The Coast Guard uses the maritime phrase ``Bravo Zulu'' to recognize
a job well done, and this was truly a job well done. While the Coast
Guard rigorously trains its people to perform this mission, it is very
rare to undertake a mission of this intensity and this complexity.
Rescue swimmers Hollow and Heller had participated in rescues before
but nothing approaching this kind of a rescue. In fact, rescues of this
nature are extremely rare. After very carefully examining the records
dating back over 30 years, the Coast Guard could only find a couple
mass rescue cases that were even remotely similar to what we
experienced on Easter.
While dramatic search-and-rescue cases are no stranger to Alaska,
most involve 10 victims or less. Others involve a much more orderly
abandonment of a vessel. This was the case in 1980, when the cruise
ship Prinsendam went down near Yakutat, AK. But large numbers of people
abandoning ship directly into the water hardly ever happens. That is
one more reason why this rescue effort was remarkable. But it is not
the only reason.
The risks that were involved in this case were extreme. They had,
again, darkness, extremely high winds, high seas, ice, freezing
temperatures, extremely long distances from any supporting
infrastructure, and all these conditions present unique hazards to the
rescuers.
Success such as this could not occur without the commitment of a
great many people. The crews of the Jayhawk, the Dolphin, and the Munro
will long be remembered for their heroism.
Backing them were the watch standers at Coast Guard Communications
Station Kodiak. These were the folks who answered the Alaska Ranger's
mayday call. The C-130 crews, the Kodiak Air Station duty officers, and
the District 17 command center controllers in Juneau also contributed.
In total, something on the order of 170 Alaska-based Coast Guard men
and women were involved in this effort.
ADM Thad Allen has already expressed ``Bravo Zulu'' to all the men
and women involved with this effort. I am honored to take a few minutes
from the Senate's day to praise these men and women of the U.S. Coast
Guard on a job well done. Our Nation is always well served by these
highly trained individuals who stand ``always ready.''

____________________

AMERICAN ENERGY INDEPENDENCE AND SECURITY ACT OF 2008

Ms. MURKOWSKI. Mr. President, I wish to take a few minutes today to
speak about legislation I introduced before we went on our 2-week
recess. This is legislation that is cosponsored by my colleague, the
senior Senator from Alaska, Mr. Stevens.
It made great sense when the price of oil hit $111.72 a barrel, which
is an all-time record high, and it still makes sense today, even with
the price of oil having declined to $101, as it is today. It is a bill
that will call for the United States to actually take steps to produce
more oil, to actually help increase global supplies of petroleum to
lower prices, and to use all the Federal revenues from the oil
production to fund many forms of alternative energy and the programs
that help Americans deal with high energy and food prices.
The legislation is entitled the ``American Energy Independence and
Security Act of 2008.'' This legislation would automatically open the
Coastal Plain of the Arctic National Wildlife Refuge in northern Alaska
if the world price of oil tops $125 a barrel for 5 days. In return, it
allocates all the Federal revenues that would come from that oil to
both alternative energy development and to provide programs to help
improve energy efficiencies to those in need.
The revenue includes the estimated $3.5 billion of Federal lease,
bonus, and royalty revenues within the first 5 years, plus all the oil
production tax revenues over the life of the field.
This is an estimated $191 billion to $297 billion to fund wind,
solar, biomass, geothermal, ocean, landfill gas--everything covered by
the two Energy bills we passed in 2005 and 2007, plus programs such as
LIHEAP, the Low-Income Home Energy Assistance Program, that provides
aid to help low-income residents pay for home heating and cooling, the
weatherization program that helps people improve their insulation to
cut energy costs, and also to the Women, Infants, and Children's
nutrition program that provides a safety net for nutrition costs, when
energy prices rise so high women cannot afford to buy food for their
babies and young infants. By the way, the estimates of those total
revenues are not my estimates that I have worked up; they were
developed by the Congressional Research Service.
We know there is a lot of hand-wringing in Washington about what to
do about record-high oil prices that are strangling our economy from
the east coast all the way west and certainly up to Alaska. Rather than
begging Arab oil sheiks to produce more oil, America should produce our
own oil to send a signal that we are willing to increase our own
supplies and drive down prices.
Alaska's Arctic Coastal Plain is likely to hold the largest reserve
of traditional oil left on land in Northern America. If the price rises
any higher, we should explore the area and find out if there is oil
there. And if there is, we ought to produce it and use the revenues to
wean ourselves from the fossil fuels and to promote energy
conservation.
We know so many Americans are hurting every time they fill up their
cars at the pump. And while prices may moderate fractionally, the AAA
early this month reported gasoline prices have risen 26.9 cents
nationwide since February 10. In Alaska, my home State, the average
price of gasoline is $3.36 a gallon for regular. This is trailing
California and Hawaii by a little bit.
Americans are having an equally hard time affording their winter
heating bills and will have similar problems with their summer air-
conditioning bills. So it only makes sense the revenues from finding
and producing U.S. oil go to help the people who are having trouble
making ends meet, given the high fuel prices we are facing.
By this legislation, only 2,000 acres of the 1.5 million acres of the
Arctic Coastal Plain can be physically disturbed. The bill includes a
host of environmental protections. It requires directional drilling to
be used to minimize disturbance to the wildlife. That means wells can
be drilled from a single oil pad that can go underground up to 8 miles
away to find the oil pockets. That means that there will be nearly 100
square miles of habitat for caribou and musk oxen and the birds between
these well pads.
The bill mandates exploration only occurs in winter, when there are
no animals on the Coastal Plain to be disturbed. It requires the use of
ice roads that disappear in the summer to protect the wildlife. It
allows special areas to be designated to protect key habitat to keep
any activity out. It contains dozens of other stipulations to guard
against noise, flight disturbances, spills or land-use problems.
The bill also sets up a special fund to help protect Alaska and
Canadian Natives should they face any disruptions because of the
limited development that would be allowed.
The bill earmarks not just the $3.5 billion of expected initial
Federal lease royalties and the potential $192 billion to $297 billion
of total Federal income taxes from the first 30 years of energy
production, to be split evenly, half would be going then to alternative
energy projects contained in the Energy Policy Act of 2005 and the
Energy Independence and Security Act of 2007 that we approved in
December. The other half would be allocated evenly to LIHEAP,
weatherization, and to the WIC programs.
In a hearing we held earlier this month, there was a discussion about
LIHEAP and LIHEAP funding. We recognized that LIHEAP needs $2 billion a
year in additional funding to be fully funded. This legislation could
do this for 30 years if we were to pass it.
We need a balanced program to increase alternative energy development

[[Page 4469]]

and improve energy efficiency, but we also need to fund these programs
without increasing our Federal debt. Look at the fights we are having
to find the offsets to pay for extending tax breaks to further
alternative energy. The best way to fund alternatives is by raising new
revenue. Look at the pain we are having in crafting and approving the
ongoing budget resolution.
We know this pain is going to continue for years if we don't do
something, and the best way is by using the funds from the fossil fuels
to build alternatives. By doing that, we are using domestic oil as a
bridge, as a bridge to pay for the alternative fuels that will allow us
to reduce our use of fossil fuels and cut our carbon emissions.
Opening ANWR does so many things. It makes us less dependent on
foreign oil, it cuts our balance of payments deficit, it improves our
economy, it keeps our jobs at home instead of exporting them to foreign
oil producers such as Venezuela and the Middle East. More importantly,
signaling we are finally serious about helping ourselves, that we will
produce oil from ANWR, will help to drive down the psychology and the
speculation that is currently acting to drive up world oil prices.
Admittedly, if we were to open ANWR tomorrow, it is not going to
produce more oil tomorrow, but it will or it can dampen the speculation
that is helping to fuel higher prices. It is absolutely the right thing
to do today, and it is vital if prices rise higher, as we believe they
will.
The U.S. economy is at risk if prices rise, not counting the health
of our low- and middle-income residents. Folks are drowning under the
high cost of gasoline and the high cost of heating oil. This bill helps
to reduce that pain. If the prices get any higher, we have to produce
more oil as a means of driving down market forces.
This bill contains all of the environmental safeguards that will
allow us to open a tiny fraction of the 40 million acres of the Arctic
Coastal Plain in Alaska without harming the wildlife or the
environment. It won't hurt the polar bears. It won't hurt the yellow
loon. And doing onshore development certainly protects the marine
environment and the whale and the walrus and the polar bear that spends
90 percent of its life offshore on the Arctic ice pack.
This bill is cautious. It doesn't open the refuge tomorrow, but it
simply says if oil prices rise much further we have to take action to
show markets that we are serious about helping ourselves and producing
more domestic supplies of oil and natural gas. It responsibly takes all
the proceeds and puts them toward alternatives and safety net program
for those who can't afford these prices. Using these monies for these
existing programs will free up funds in the Federal budget to help
reduce the debt or fund other vital services.
I am realistic about the fate of this legislation. I doubt that the
leadership in this body will allow this bill to come up for a vote
right now. But everyone here, from Senators who represent farmers who
won't be able to afford to till their fields this spring during the
planting season due to the high prices, to those who represent cold
States, where home heating oil is a problem, to those Senators who
represent warm States, where air-conditioning costs will be a concern,
to those of us who represent fishermen who are worried about how they
will afford the fuel to go out and earn their living, we should come
together to support this commonsense way to help reduce prices and to
actually help provide a real long-term solution to our supply problems.
We owe to it our constituents to do what is right, and I believe this
is what is right for our Nation's future.

____________________

IN HONOR OF CESAR CHAVEZ DAY

Mr. REID. Mr. President, I rise today in appreciation of the life and
lasting legacy of civil rights activist and labor leader, Cesar Chavez.
Cesar Chavez came from humble beginnings, born on March 31, 1927, in
a small farm outside of Yuma, AZ. Through his experiences as a laborer
and migrant worker in the fields of the southwest United States, he
recognized a need for change; change that would bring social and
economic equality to those who tilled America's soil and harvested
America's crops. The exploitation and discrimination experienced and
observed by Mr. Chavez energized his courageous fight for fair and
equal treatment for his hardworking colleagues of all backgrounds.
As a member of the U.S. Navy he served in the western Pacific during
the end of World War II to protect the freedoms that he often did not
enjoy. He demonstrated his dedication to two great values--community
and compassion--by building a powerful coalition of grass roots
organizations and inspiring individuals of all backgrounds to join a
campaign for social equality.
Cesar Chavez is not only an icon for Mexican-American communities
across this great country, but also an American icon for all those who
have felt the pain of injustice and for those who recognize the
continuing need to allow equal access to the resources of our great
Nation. His tireless efforts to help bring our country closer to its
ideals of freedom and equality of opportunity shall be recognized today
as they were when he posthumously received the Presidential Medal of
Freedom. His legacy inspires hope, action, and prosperity for those who
are often burdened by marginalization and discrimination. Our society
owes gratitude to the indelible mark that Mr. Chavez has left on our
Nation.
I appreciate the Clark County Commission for commemorating the legacy
of a giant in our Nation's labor movement by declaring March 31, 2008,
as Cesar Chavez Day. I join the Commission, and many throughout Nevada,
in honoring Mr. Chavez's visionary leadership. We must continue to
recognize the value in Cesar Chavez's legacy, which has become a symbol
of dignity and perseverance for all workers, whether in the fields, in
the factories, or behind the counter.

____________________

VETERANS EMPLOYMENT OPPORTUNITIES REGULATIONS

Mr. BYRD. Mr. President, I ask unanimous consent that the attached
from the Office of Compliance be printed in the Record today pursuant
to section 304(b)(3) of the Congressional Accountability Act of 1995 (2
U.S.C. 1384(b)(3)).
There being no objection, the material was ordered to be printed in
the Record, as follows:

Text of Adopted Veterans' Employment Opportunities Regulations

When approved by the House of Representatives for the House
of Representatives, these regulations will have the prefix
``H.'' When approved by the Senate for the Senate, these
regulations will have the prefix ``S.'' When approved by
Congress for the other employing offices covered by the CAA,
these regulations will have the prefix ``C.''
In this draft, ``H&S Regs'' denotes the provisions that
would be included in the regulations applicable to be made
applicable to the House and Senate, and ``C Reg'' denotes the
provisions that would be included in the regulations to be
made applicable to other employing offices.
PART 1--Extension of Rights and Protections Relating to
Veterans' Preference Under Title 5, United States Code, to
Covered Employees of the Legislative Branch (section 4(c) of
the Veterans Employment Opportunities Act of 1998)

Subpart A--Matters of General Applicability to All Regulations
Promulgated under Section 4 of the VEOA

Sec.
1.101 Purpose and scope.
1.102 Definitions.
1.103 Adoption of regulations.
1.104 Coordination with section 225 of the Congressional
Accountability Act.

SEC. 1.101. PURPOSE AND SCOPE.

[[Page 4470]]

retention policies and processes of those employing offices
with employees covered by the VEOA, and to provide for
transparency in the application of veterans' preference in
covered appointment and retention decisions. Provided,
nothing in these regulations shall be construed so as to
require an employing office to reduce any existing veterans'
preference rights and protections that it may afford to
preference eligible individuals.
H Regs: (c) Scope of Regulations. The definition of
``covered employee'' in Section 4(c) of the VEOA limits the
scope of the statute's applicability within the Legislative
branch. The term ``covered employee'' excludes any employee:
(1) whose appointment is made by the President with the
advice and consent of the Senate; (2) whose appointment is
made by a Member of Congress within an employing office, as
defined by Sec. 101 (9)(A-C) of the CAA, 2 U.S.C. Sec. 1301
(9)(A-C) or; (3) whose appointment is made by a committee or
subcommittee of either House of Congress or a joint committee
of the House of Representatives and the Senate; (4) who is
appointed to a position, the duties of which are equivalent
to those of a Senior Executive Service position (within the
meaning of section 3132(a)(2) of title 5, United States
Code). Accordingly, these regulations shall not apply to any
employing office that only employs individuals excluded from
the definition of covered employee.
S Regs: (c) Scope of Regulations. The definition of
``covered employee'' in Section 4(c) of the VEOA limits the
scope of the statute's applicability within the Legislative
branch. The term ``covered employee'' excludes any employee:
(1) whose appointment is made by the President with the
advice and consent of the Senate; (2) whose appointment is
made or directed by a Member of Congress within an employing
office, as defined by Sec. 101(9)(A-C) of the CAA, 2 U.S.C.
Sec. 1301 (9)(A-C) or; (3) whose appointment is made by a
committee or subcommittee of either House of Congress or a
joint committee of the House of Representatives and the
Senate; (4) who is appointed pursuant to 2 U.S.C.
Sec. 43d(a); or (5) who is appointed to a position, the
duties of which are equivalent to those of a Senior Executive
Service position (within the meaning of section 3132(a)(2) of
title 5, United States Code). Accordingly, these regulations
shall not apply to any employing office that only employs
individuals excluded from the definition of covered employee.
C Reg: (c) Scope of Regulations. The definition of
``covered employee'' in Section 4(c) of the VEOA limits the
scope of the statute's applicability within the Legislative
branch. The term ``covered employee'' excludes any employee:
(1) whose appointment is made by the President with the
advice and consent of the Senate; (2) whose appointment is
made by a Member of Congress or by a committee or
subcommittee of either House of Congress or a joint committee
of the House of Representatives and the Senate; or (3) who is
appointed to a position, the duties of which are equivalent
to those of a Senior Executive Service position (within the
meaning of section 3132(a)(2) of title 5, United States
Code). Accordingly, these regulations shall not apply to any
employing office that only employs individuals excluded from
the definition of covered employee.

SEC. 1.102. DEFINITIONS.

Except as otherwise provided in these regulations, as used
in these regulations:
(a) Accredited physician means a doctor of medicine or
osteopathy who is authorized to practice medicine or surgery
(as appropriate) by the State in which the doctor practices.
The phrase ``authorized to practice by the State'' as used in
this section means that the provider must be authorized to
diagnose and treat physical or mental health conditions
without supervision by a doctor or other health care
provider.
(b) Act or CAA means the Congressional Accountability Act
of 1995, as amended (Pub. L. 104-1, 109 Stat. 3, 2 U.S.C.
Sec. Sec. 1301-1438).
(c) Active duty or active military duty means full-time
duty with military pay and allowances in the armed forces,
except (1) for training or for determining physical fitness
and (2) for service in the Reserves or National Guard.
(d) Appointment means an individual's appointment to
employment in a covered position, but does not include any
personnel action that an employing office takes with regard
to an existing employee of the employing office.
(e) Armed forces means the United States Army, Navy, Air
Force, Marine Corps, and Coast Guard.
(f) Board means the Board of Directors of the Office of
Compliance.
H Regs: (g) Covered employee means any employee of (1) the
House of Representatives; and (2) the Senate; (3) the Capitol
Guide Board; (4) the Capitol Police Board; (5) the
Congressional Budget Office; (6) the Office of the Architect
of the Capitol; (7) the Office of the Attending Physician;
and (8) the Office of Compliance, but does not include an
employee (aa) whose appointment is made by the President with
the advice and consent of the Senate; (bb) whose appointment
is made by a Member of Congress; (cc) whose appointment is
made by a committee or subcommittee of either House of
Congress or a joint committee of the House of Representatives
and the Senate; or (dd) who is appointed to a position, the
duties of which are equivalent to those of a Senior Executive
Service position (within the meaning of section 3132(a)(2) of
title 5, United States Code). The term covered employee
includes an applicant for employment in a covered position
and a former covered employee.
S. Regs: (g) Covered employee means any employees of (1)
the House of Representatives; and (2) the Senate; (3) the
Capitol Guide Board; (4) the Capitol Police Board; (5) the
Congressional Budget Office; (6) the Office of the Architect
of the Capitol; (7) the Office of the Attending Physician;
and (8) the Office of Compliance, but does not include an
employee (aa) whose appointment is made by the President with
the advice and consent of the Senate; (bb) whose appointment
is made or directed by a Member of Congress; (cc) whose
appointment is made by a committee or subcommittee of either
House of Congress or a joint committee of the House of
Representatives and the Senate; (dd) who is appointed
pursuant to 2 U.S.C. Sec. 43d(a); or (ee) who is appointed to
a position, the duties of which are equivalent to those of a
Senior Executive Service position (within the meaning of
section 3132(a)(2) of title 5, United States Code). The term
covered employee includes an applicant for employment in a
covered position and a former covered employee.
C Reg: (g) Covered employee means any employee of (1) the
Capitol Guide Service; (2) the Capitol Police; (3) the
Congressional Budget Office; (4) the Office of the Architect
of the Capitol; (5) the Office of the Attending Physician; or
(6) the Office of Compliance, but does not include an
employee: (aa) whose appointment is made by the President
with the advice and consent of the Senate; or (bb) whose
appointment is made by a Member of Congress or by a committee
or subcommittee of either House of Congress or a joint
committee of the House of Representatives and the Senate; or
(cc) who is appointed to a position, the duties of which are
equivalent to those of a Senior Executive Service position
(within the meaning of section 3132(a)(2) of title 5, United
States Code). The term covered employee includes an applicant
for employment in a covered position and a former covered
employee.
(h) Covered position means any position that is or will be
held by a covered employee.
(i) Disabled veteran means a person who was separated under
honorable conditions from active duty in the armed forces
performed at any time and who has established the present
existence of a service-connected disability or is receiving
compensation, disability retirement benefits, or pensions
because of a public statute administered by the Department of
Veterans Affairs or a military department.
(j) Employee of the Office of the Architect of the Capitol
includes any employee of the Office of the Architect of the
Capitol, the Botanic Gardens, or the Senate Restaurants.
(k) Employee of the Capitol Police Board includes any
member or officer of the Capitol Police.
(l) Employee of the House of Representatives includes an
individual occupying a position the pay of which is disbursed
by the Clerk of the House of Representatives, or another
official designated by the House of Representatives, or any
employment position in an entity that is paid with funds
derived from the clerk-hire allowance of the House of
Representatives but not any such individual employed by any
entity listed in subparagraphs (3) through (8) of paragraph
(g) above nor any individual described in subparagraphs (aa)
through (dd) of paragraph (g) above.
(m) Employee of the Senate includes any employee whose pay
is disbursed by the Secretary of the Senate, but not any such
individual employed by any entity listed in subparagraphs (3)
through (8) of paragraph (g) above nor any individual
described in subparagraphs (aa) through (ee) of paragraph (g)
above.
H Regs: (n) Employing office means: (1) the personal
office of a Member of the House of Representatives; (2) a
committee of the House of Representatives or a joint
committee of the House of Representatives and the Senate; or
(3) any other office headed by a person with the final
authority to appoint, hire, discharge, and set the terms,
conditions, or privileges of the employment of an employee of
the House of Representatives or the Senate.
S Regs: (n) Employing office means: (1) the personal
office of a Senator; (2) a committee of the Senate or a joint
committee of the House of Representatives and the Senate; or
(3) any other office headed by a person with the final
authority to appoint, or be directed by a Member of Congress
to appoint, hire, discharge, and set the terms, conditions,
or privileges of the employment of an employee of the House
of Representatives or the Senate.
C Reg: (n) Employing office means: the Capitol Guide
Board, the Capitol Police Board, the Congressional Budget
Office, the Office of the Architect of the Capitol, the
Office of the Attending Physician, and the Office of
Compliance.
(o) Office means the Office of Compliance.
(p) Preference eligible means veterans, spouses, widows,
widowers or mothers who meet the definition of ``preference
eligible'' in 5 U.S.C. Sec. 2108(3)(A)-(G).

[[Page 4471]]

(q) Qualified applicant means an applicant for a covered
position whom an employing office deems to satisfy the
requisite minimum job-related requirements of the position.
Where the employing office uses an entrance examination or
evaluation for a covered position that is numerically scored,
the term ``qualified applicant'' shall mean that the
applicant has received a passing score on the examination or
evaluation.
(r) Separated under honorable conditions means either an
honorable or a general discharge from the armed forces. The
Department of Defense is responsible for administering and
defining military discharges.
(s) Uniformed services means the armed forces, the
commissioned corps of the Public Health Service, and the
commissioned corps of the National Oceanic and Atmospheric
Administration.
(t) VEOA means the Veterans Employment Opportunities Act of
1998 (Pub. L. 105-339, 112 Stat. 3182).
(u) Veterans means persons as defined in 5 U.S.C.
Sec. 2108(1), or any superseding legislation.

SEC. 1.103. ADOPTION OF REGULATIONS.

(a) Adoption of regulations. Section 4(c)(4)(A) of the VEOA
generally authorizes the Board to issue regulations to
implement section 4(c). In addition, section 4(c)(4)(A) of
the VEOA generally authorizes the Board to issue regulations
to implement section 4(c). In addition, section 4(c)(4)(B) of
the VEOA directs the Board to promulgate regulations that are
``the same as the most relevant substantive regulations
(applicable with respect to the Executive branch) promulgated
to implement the statutory provisions referred to in
paragraph (2)'' of section 4(c) of the VEOA. Those statutory
provisions are section 2108, sections 3309 through 3312, and
subchapter I of chapter 35, of title 5, United States Code.
The regulations issued by the Board herein are on all matters
for which section 4(c)(4)(B) of the VEOA requires a
regulation to be issued. Specifically, it is the Board's
considered judgment based on the information available to it
at the time of promulgation of these regulations, that, with
the exception of the regulations adopted and set forth
herein, there are no other ``substantive regulations
(applicable with respect to the Executive branch) promulgated
to implement the statutory provisions referred to in
paragraph (2)'' of section 4(c) of the VEOA that need be
adopted.
(b) Modification of substantive regulations. As a
qualification to the statutory obligation to issue
regulations that are ``the same as the most substantive
regulations (applicable with respect to the Executive
branch)'', section 4(c)(4)(B) of the VEOA authorizes the
Board to ``determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under'' section 4(c) of the VEOA.
(c) Rationale for Departure from the Most Relevant
Executive Branch Regulations. The Board concludes that it
must promulgate regulations accommodating the human resource
systems existing in the Legislative branch; and that such
regulations must take into account the fact that the Board
does not possess the statutory and Executive Order based
government-wide policy making authority underlying OPM's
counterpart VEOA regulations governing the Executive branch.
OPM's regulations are designed for the competitive service
(defined in 5 U.S.C. Sec. 2102(a)(2)), which does not exist
in the employing offices subject to this regulation.
Therefore, to follow the OPM regulations would create
detailed and complex rules and procedures for a workforce
that does not exist in the Legislative branch, while
providing no VEOA protections to the covered Legislative
branch employees. We have chosen to propose specially
tailored regulations, rather than simply to adopt those
promulgated by OPM, so that we may effectuate Congress'
intent in extending the principles of the veterans'
preference laws to the Legislative branch through the VEOA.

SEC. 1.104. COORDINATION WITH SECTION 225 OF THE
CONGRESSIONAL ACCOUNTABILITY ACT.

Statutory directive. Section 4(c)(4)(C) of the VEOA
requires that promulgated regulations must be consistent with
section 225 of the CAA. Among the relevant provisions of
section 225 are subsection (f)(1), which prescribes as a rule
of construction that definitions and exemptions in the laws
made applicable by the CAA shall apply under the CAA, and
subsection (f)(3), which states that the CAA shall not be
considered to authorize enforcement of the CAA by the
Executive branch.

Subpart B--Veterans' Preference--General Provisions

Sec.
1.105 Responsibility for administration of veterans' preference.
1.106 Procedures for bringing claims under the VEOA.

SEC. 1.105. RESPONSIBILITY FOR ADMINISTRATION OF VETERANS'
PREFERENCE.

Subject to section 1.106, employing offices with covered
employees or covered positions are responsible for making all
veterans' preference determinations, consistent with the
VEOA.

SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS UNDER THE VEOA.

Applicants for appointment to a covered position and
covered employees may contest adverse veterans' preference
determinations, including any determination that a preference
eligible applicant is not a qualified applicant, pursuant to
sections 401-416 of the CAA, 2 U.S.C. Sec. Sec. 1401-1416,
and provisions of law referred to therein; 206a(3) of the
CAA, 2 U.S.C. Sec. Sec. 1401, 1316a(3); and the Office's
Procedural Rules.

Subpart C--Veterans' Preference in Appointments

Sec.
1.107 Veterans' preference in appointments to restricted covered
positions.
1.108 Veterans' preference in appointments to non-restricted covered
positions.
1.109 Crediting experience in appointments to covered positions.
1.110 Waiver of physical requirements in appointments to covered
positions.

SEC. 1.107. VETERANS' PREFERENCE IN APPOINTMENTS TO
RESTRICTED POSITIONS.

In each appointment action for the positions of custodian,
elevator operator, guard, and messenger (as defined below and
collectively referred to in these regulations as restricted
covered positions) employing offices shall restrict
competition to preference eligible applicants as long as
qualified preference eligible applicants are available. The
provisions of sections 1.109 and 1.110 below shall apply to
the appointment of a preference eligible applicant to a
restricted covered position. The provisions of section 1.108
shall apply to the appointment of a preference eligible
applicant to a restricted covered position, in the event that
there is more than one preference eligible applicant for the
position.
Custodian--One whose primary duty is the performance of
cleaning or other ordinary routine maintenance duties in or
about a government building or a building under Federal
control, park, monument, or other Federal reservation.
Elevator operator--One whose primary duty is the running of
freight or passenger elevators. The work includes opening and
closing elevator gates and doors, working elevator controls,
loading and unloading the elevator, giving information and
directions to passengers such as on the location of offices,
and reporting problems in running the elevator.
Guard--One whose primary duty is the assignment to a
station, beat, or patrol area in a Federal building or a
building under Federal control to prevent illegal entry of
persons or property; or required to stand watch at or to
patrol a Federal reservation, industrial area, or other area
designated by Federal authority, in order to protect life and
property; make observations for detection of fire, trespass,
unauthorized removal of public property or hazards to Federal
personnel or property. The term guard does not include law
enforcement officer positions of the Capitol Police Board.
Messenger--One whose primary duty is the supervision or
performance of general messenger work (such as running
errands, delivering messages, and answering call bells).

SEC. 1.108. VETERANS' PREFERENCE IN APPOINTMENTS TO NON-
RESTRICTED COVERED POSITIONS.

(a) Where an employing office has duly adopted a policy
requiring the numerical scoring or rating of applicants for
covered positions, the employing office shall add points to
the earned ratings of those preference eligible applicants
who receive passing scores in an entrance examination, in a
manner that is proportionately comparable to the points
prescribed in 5 U.S.C. Sec. 3309. For example, five
preference points shall be granted to preference eligible
applicants in a 100-point system, one point shall be granted
in a 20-point system, and so on.
(b) In all other situations involving appointment to a
covered position, employing offices shall consider veterans'
preference eligibility as an affirmative factor that is given
weight in a manner that is proportionately comparable to the
points prescribed in 5 U.S.C. Sec. 3309 in the employing
office's determination of who will be appointed from among
qualified applicants.

SEC. 1.109. CREDITING EXPERIENCE IN APPOINTMENTS TO COVERED
POSITIONS.

When considering applicants for covered positions in which
experience is an element of qualification, employing offices
shall provide preference eligible applicants with credit:
(a) for time spent in the military service (1) as an
extension of time spent in the position in which the
applicant was employed immediately before his/her entrance
into the military service, or (2) on the basis of actual
duties performed in the military service, or (3) as a
combination of both methods. Employing offices shall credit
time spent in the military service according to the method
that will be of most benefit to the preference eligible
applicant.
(b) for all experience material to the position for which
the applicant is being considered, including experience
gained in religious, civic, welfare, service, and
organizational activities, regardless of whether he/she
received pay therefor.

[[Page 4472]]

SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS IN APPOINTMENTS
TO COVERED POSITIONS.

(a) Subject to (c) below, in determining qualifications of
a preference eligible for appointment, an employing office
shall waive:
(1) with respect to a preference eligible applicant,
requirements as to age, height, and weight, unless the
requirement is essential to the performance of the duties of
the position; and
(2) with respect to a preference eligible applicant to whom
it has made a conditional offer of employment, physical
requirements if, in the opinion of the employing office, on
the basis of evidence before it, including any recommendation
of an accredited physician submitted by the preference
eligible applicant, the preference eligible applicant is
physically able to perform efficiently the duties of the
position;
(b) Subject to (c) below, if an employing office
determines, on the basis of evidence before it, including any
recommendation of an accredited physician submitted by the
preference eligible applicant, that an applicant to whom it
has made a conditional offer of employment is preference
eligible as a disabled veteran as described in 5 U.S.C.
Sec. 2108(3)(c) and who has a compensable service-connected
disability of 30 percent or more is not able to fulfill the
physical requirements of the covered position, the employing
office shall notify the preference eligible applicant of the
reasons for the determination and of the right to respond and
to submit additional information to the employing office,
within 15 days of the date of the notification. The director
of the employing office may, by providing written notice to
the preference eligible applicant, shorten the period for
submitting a response with respect to an appointment to a
particular covered position, if necessary because of a need
to fill the covered position immediately. Should the
preference eligible applicant make a timely response, the
highest ranking individual or group of individuals with
authority to make employment decisions on behalf of the
employing office shall render a final determination of the
physical ability of the preference eligible applicant to
perform the duties of the position, taking into account the
response and any additional information provided by the
preference eligible applicant. When the employing office has
completed its review of the proposed disqualification on the
basis of physical disability, it shall send its findings to
the preference eligible applicant.
(c) Nothing in this section shall relieve an employing
office of any obligations it may have pursuant to the
Americans with Disabilities Act (42 U.S.C. Sec. 12101 et
seq.) as applied by section 102(a)(3) of the Act, 2 U.S.C.
Sec. 1302(a)(3).

Subpart D--Veterans' preference in reductions in force

Sec.
1.111. Definitions applicable in reductions in force.
1.112. Application of preference in reductions in force.
1.113. Crediting experience in reductions in force.
1.114. Waiver of physical requirements in reductions in force.
1.115. Transfer of functions.

SEC. 1.111. DEFINITIONS APPLICABLE IN REDUCTIONS IN FORCE.

(a) Competing covered employees are the covered employees
within a particular position or job classification, at or
within a particular competitive area, as those terms are
defined below.
(b) Competitive area is that portion of the employing
office's organizational structure, as determined by the
employing office, in which covered employees compete for
retention. A competitive area must be defined solely in terms
of the employing office's organizational unit(s) and
geographical location, and it must include all employees
within the competitive area so defined. A competitive area
may consist of all or part of an employing office. The
minimum competitive area is a department or subdivision of
the employing office within the local commuting area.
(c) Position classifications or job classifications are
determined by the employing office, and shall refer to all
covered positions within a competitive area that are in the
same grade, occupational level or classification, and which
are similar enough in duties, qualification requirements, pay
schedules, tenure (type of appointment) and working
conditions so that an employing office may reassign the
incumbent of one position to any of the other positions in
the position classification without undue interruption.
(d) Preference Eligibles. For the purpose of applying
veterans' preference in reductions in force, except with
respect to the application of section 1.114 of these
regulations regarding the waiver of physical requirements,
the following shall apply:
(1) ``active service'' has the meaning given it by section
101 of title 37;
(2) ``a retired member of a uniformed service'' means a
member or former member of a uniformed service who is
entitled, under statute, to retired, retirement, or retainer
pay on account of his/her service as such a member; and
(3) a preference eligible covered employee who is a retired
member of a uniformed service is considered a preference
eligible only if
(A) his/her retirement was based on disability--
(i) resulting from injury or disease received in line of
duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in
the line of duty during a period of war as defined by
sections 101 and 1101 of title 38;
(B) his/her service does not include twenty or more years
of full-time active service, regardless of when performed but
not including periods of active duty for training; or
(C) on November 30, 1964, he/she was employed in a position
to which this subchapter applies and thereafter he/she
continued to be so employed without a break in service of
more than 30 days.
The definition of ``preference eligible'' as set forth in 5
U.S.C Sec. 2108 and section 1.102(o) of these regulations
shall apply to waivers of physical requirements in
determining an employee's qualifications for retention under
section 1.114 of these regulations.
H&S Regs: (e) Reduction in force is any termination of a
covered employee's employment or the reduction in pay and/or
position grade of a covered employee for more than 30 days
and that may be required for budgetary or workload reasons,
changes resulting from reorganization, or the need to make
room for an employee with reemployment or restoration rights.
The term ``reduction in force'' does not encompass a
termination or other personnel action: (1) predicated upon
performance, conduct or other grounds attributable to an
employee, or (2) involving an employee who is employed by the
employing office on a temporary basis, or (3) attributable to
a change in party leadership or majority party status within
the House of Congress where the employee is employed.
C Reg: (e) Reduction in force is any termination of a
covered employee's employment or the reduction in pay and/or
position grade of a covered employee for more than 30 days
and that may be required for budgetary or workload reasons,
changes resulting from reorganization, or the need to make
room for an employee with reemployment or restoration rights.
The term ``reduction in force'' does not encompass a
termination or other personnel action: (1) predicated upon
performance, conduct or other grounds attributable to an
employee, or (2) involving an employee who is employed by the
employing office on a temporary basis.
(f) Undue interruption is a degree of interruption that
would prevent the completion of required work by a covered
employee 90 days after the employee has been placed in a
different position under this part. The 90-day standard
should be considered within the allowable limits of time and
quality, taking into account the pressures of priorities,
deadlines, and other demands. However, work generally would
not be considered to be unduly interrupted if a covered
employee needs more than 90 days after the reduction in force
to perform the optimum quality or quantity of work. The 90-
day standard may be extended if placement is made under this
part to a program accorded low priority by the employing
office, or to a vacant position.

SEC. 1.112. APPLICATION OF PREFERENCE IN REDUCTIONS IN FORCE.

Prior to carrying out a reduction in force that will affect
covered employees, employing offices shall determine which,
if any, covered employees within a particular group of
competing covered employees are entitled to veterans'
preference eligibility status in accordance with these
regulations. In determining which covered employees will be
retained, employing offices will treat veterans' preference
as the controlling factor in retention decisions among such
competing covered employees, regardless of length of service
or performance, provided that the preference eligible
employee's performance has not been determined to be
unacceptable. Provided, a preference eligible employee who is
a ``disabled veteran'' under section 1.102(h) above who has a
compensable service-connected disability of 30 percent or
more and whose performance has not been determined to be
unacceptable by an employing office is entitled to be
retained in preference to other preference eligible
employees. Provided, this section does not relieve an
employing office of any greater obligation it may be subject
to pursuant to the Worker Adjustment and Retraining
Notification Act (29 U.S.C. Sec. 2101 et seq.) as applied by
section 102(a)(9) of the CAA, 2 U.S.C. Sec. 1302(a)(9).

SEC. 1.113. CREDITING EXPERIENCE IN REDUCTIONS IN FORCE.

[[Page 4473]]

(c) a preference eligible covered employee is entitled to
credit for:
(1) service rendered as an employee of a county committee
established pursuant to section 8(b) of the Soil Conservation
and Allotment Act or of a committee or association of
producers described in section 10(b) of the Agricultural
Adjustment Act; and
(2) service rendered as an employee described in 5 U.S.C.
Sec. 2105(c) if such employee moves or has moved, on or after
January 1, 1966, without a break in service of more than 3
days, from a position in a nonappropriated fund
instrumentality of the Department of Defense or the Coast
Guard to a position in the Department of Defense or the Coast
Guard, respectively, that is not described in 5 U.S.C.
Sec. 2105(c).

SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS IN REDUCTIONS IN
FORCE.

(a) If an employing office determines, on the basis of
evidence before it, that a covered employee is preference
eligible, the employing office shall waive, in determining
the covered employee's retention status in a reduction in
force:
(1) requirements as to age, height, and weight, unless the
requirement is essential to the performance of the duties of
the position; and
(2) physical requirements if, in the opinion of the
employing office, on the basis of evidence before it,
including any recommendation of an accredited physician
submitted by the employee, the preference eligible covered
employee is physically able to perform efficiently the duties
of the position.
(b) If an employing office determines that a covered
employee who is a preference eligible as a disabled veteran
as described in 5 U.S.C. Sec. 2108(3)(c) and has a
compensable service-connected disability of 30 percent or
more is not able to fulfill the physical requirements of the
covered position, the employing office shall notify the
preference eligible covered employee of the reasons for the
determination and of the right to respond and to submit
additional information to the employing office within 15 days
of the date of the notification. Should the preference
eligible covered employee make a timely response, the highest
ranking individual or group of individuals with authority to
make employment decisions on behalf of the employing office,
shall render a final determination of the physical ability of
the preference eligible covered employee to perform the
duties of the covered position, taking into account the
evidence before it, including the response and any additional
information provided by the preference eligible. When the
employing office has completed its review of the proposed
disqualification on the basis of physical disability, it
shall send its findings to the preference eligible covered
employee.
(c) Nothing in this section shall relieve an employing
office of any obligation it may have pursuant to the
Americans with Disabilities Act (42 U.S.C. Sec. 12101 et
seq.) as applied by section 102(a)(3) of the CAA, 2 U.S.C.
Sec. 1302(a)(3).

SEC. 1.115. TRANSFER OF FUNCTIONS.

(a) When a function is transferred from one employing
office to another employing office, each covered employee in
the affected position classifications or job classifications
in the function that is to be transferred shall be
transferred to the receiving employing office for employment
in a covered position for which he/she is qualified before
the receiving employing office may make an appointment from
another source to that position.
(b) When one employing office is replaced by another
employing office, each covered employee in the affected
position classifications or job classifications in the
employing office to be replaced shall be transferred to the
replacing employing office for employment in a covered
position for which he/she is qualified before the replacing
employing office may make an appointment from another source
to that position.

Subpart E--Adoption of Veterans' preference policies, recordkeeping &
informational requirements.

Sec.
1.116. Adoption of veterans' preference policy.
1.117. Preservation of records made or kept.
1.118. Dissemination of veterans' preference policies to applicants for
covered positions.
1.119. Information regarding veterans' preference determinations in
appointments.
1.120. Dissemination of veterans' preference policies to covered
employees.
1.121. Written notice prior to a reduction in force.

SEC. 1.116. ADOPTION OF VETERANS' PREFERENCE POLICY.

No later than 120 calendar days following Congressional
approval of this regulation, each employing office that
employs one or more covered employees or that seeks
applicants for a covered position shall adopt its written
policy specifying how it has integrated the veterans'
preference requirements of the Veterans Employment
Opportunities Act of 1998 and these regulations into its
employment and retention processes. Upon timely request and
the demonstration of good cause, the Executive Director, in
his/her discretion, may grant such an employing office
additional time for preparing its policy. Each such employing
office will make its policies available to applicants for
appointment to a covered position and to covered employees in
accordance with these regulations. The act of adopting a
veterans' preference policy shall not relieve any employing
office of any other responsibility or requirement of the
Veterans Employment Opportunity Act of 1998 or these
regulations. An employing office may amend or replace its
veterans' preference policies as it deems necessary or
appropriate, so long as the resulting policies are consistent
with the VEOA and these regulations.

SEC. 1.117. PRESERVATION OF RECORDS MADE OR KEPT.

An employing office that employs one or more covered
employees or that seeks applicants for a covered position
shall maintain any records relating to the application of its
veterans' preference policy to applicants for covered
positions and to workforce adjustment decisions affecting
covered employees for a period of at least one year from the
date of the making of the record or the date of the personnel
action involved or, if later, one year from the date on which
the applicant or covered employee is notified of the
personnel action. Where a claim has been brought under
section 401 of the CAA against an employing office under the
VEOA, the respondent employing office shall preserve all
personnel records relevant to the claim until final
disposition of the claim. The term ``personnel records
relevant to the claim'', for example, would include records
relating to the veterans' preference determination regarding
the person bringing the claim and records relating to any
veterans' preference determinations regarding other
applicants for the covered position the person sought, or
records relating to the veterans' preference determinations
regarding other covered employees in the person's position or
job classification. The date of final disposition of the
charge or the action means the latest of the date of
expiration of the statutory period within which the aggrieved
person may file a complaint with the Office or in a U.S.
District Court or, where an action is brought against an
employing office by the aggrieved person, the date on which
such litigation is terminated.

SEC. 1.118. DISSEMINATION OF VETERANS' PREFERENCE POLICIES TO
APPLICANTS FOR COVERED POSITIONS.

(a) An employing office shall state in any announcements
and advertisements it makes concerning vacancies in covered
positions that the staffing action is governed by the VEOA.
(b) An employing office shall invite applicants for a
covered position to identify themselves as veterans'
preference eligible applicants, provided that in doing so:
(1) the employing office shall state clearly on any written
application or questionnaire used for this purpose or make
clear orally, if a written application or questionnaire is
not used, that the requested information is intended for use
solely in connection with the employing office's obligations
and efforts to provide veterans' preference to preference
eligible applicants in accordance with the VEOA; and
(2) the employing office shall state clearly that disabled
veteran status is requested on a voluntary basis, that it
will be kept confidential in accordance with the Americans
with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) as
applied by section 102(a)(3) of the CAA, 2 U.S.C.
Sec. 1302(a)(3), that refusal to provide it will not subject
the individual to any adverse treatment except the
possibility of an adverse determination regarding the
individual's status as a preference eligible applicant as a
disabled veteran under the VEOA, and that any information
obtained in accordance with this section concerning the
medical condition or history of an individual will be
collected, maintained and used only in accordance with the
Americans with Disabilities Act (42 U.S.C. Sec. 12101 et
seq.) as applied by section 102(a)(3) of the CAA, 2 U.S.C.
Sec. 1302(a)(3).
(3) the employing office shall state clearly that
applicants may request information about the employing
office's veterans' preference policies as they relate to
appointments to covered positions, and shall describe the
employing office's procedures for making such requests.
(c) Upon written request by an applicant for a covered
position, an employing office shall provide the following
information in writing:
(1) the VEOA definition of veterans' ``preference
eligible'' as set forth in 5 U.S.C. Sec. 2108 or any
superseding legislation, providing the actual, current
definition in a manner designed to be understood by
applicants, along with the statutory citation;
(2) the employing office's veterans' preference policy or a
summary description of the employing office's veterans'
preference policy as it relates to appointments to covered
positions, including any procedures the employing office
shall use to identify preference eligible employees;
(3) the employing office may provide other information to
applicants regarding its veterans' preference policies and
practices, but is not required to do so by these regulations.
(d) Employing offices are also expected to answer questions
from applicants for covered positions that are relevant and
non-confidential concerning the employing office's veterans'
preference policies and practices.

[[Page 4474]]

SEC. 1.119. INFORMATION REGARDING VETERANS' PREFERENCE
DETERMINATIONS IN APPOINTMENTS.

Upon written request by an applicant for a covered
position, the employing office shall promptly provide a
written explanation of the manner in which veterans'
preference was applied in the employing office's appointment
decision regarding that applicant. Such explanation shall
include at a minimum:
(a) the employing office's veterans' preference policy or a
summary description of the employing office's veterans'
preference policy as it relates to appointments to covered
positions; and
(b) a statement as to whether the applicant is preference
eligible and, if not, a brief statement of the reasons for
the employing office's determination that the applicant is
not preference eligible.

SEC. 1.120. DISSEMINATION OF VETERANS' PREFERENCE POLICIES TO
COVERED EMPLOYEES.

(a) If an employing office that employs one or more covered
employees provides any written guidance to such employees
concerning employee rights generally or reductions in force
more specifically, such as in a written employee policy,
manual or handbook, such guidance must include information
concerning veterans' preference under the VEOA, as set forth
in subsection (b) of this regulation.
(b) Written guidances described in subsection (a) above
shall include, at a minimum:
(1) the VEOA definition of veterans' ``preference
eligible'' as set forth in 5 U.S.C. Sec. 2108 or any
superseding legislation, providing the actual, current
definition along with the statutory citation;
(2) the employing office's veterans' preference policy or a
summary description of the employing office's veterans'
preference policy as it relates to reductions in force,
including the procedures the employing office shall take to
identify preference eligible employees.
(3) the employing office may provide other information in
its guidances regarding its veterans' preference policies and
practices, but is not required to do so by these regulations.
(c) Employing offices are also expected to answer questions
from covered employees that are relevant and non-confidential
concerning the employing office's veterans' preference
policies and practices.

SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUCTION IN FORCE.

(a) Except as provided under subsection (c), a covered
employee may not be released due to a reduction in force,
unless the covered employee and the covered employee's
exclusive representative for collective-bargaining purposes
(if any) are given written notice, in conformance with the
requirements of paragraph (b), at least 60 days before the
covered employee is so released.
(b) Any notice under paragraph (a) shall include--
(1) the personnel action to be taken with respect to the
covered employee involved;
(2) the effective date of the action;
(3) a description of the procedures applicable in
identifying employees for release;
(4) the covered employee's competitive area;
(5) the covered employee's eligibility for veterans'
preference in retention and how that preference eligibility
was determined;
(6) the retention status and preference eligibility of the
other employees in the affected position classifications or
job classifications within the covered employee's competitive
area, by providing:
(A) a list of all covered employee(s) in the covered
employee's position classification or job classification and
competitive area who will be retained by the employing
office, identifying those employees by job title only and
stating whether each such employee is preference eligible,
and
(B) a list of all covered employee(s) in the covered
employee's position classification or job classification and
competitive area who will not be retained by the employing
office, identifying those employees by job title only and
stating whether each such employee is preference eligible.
(7) a description of any appeal or other rights which may
be available.
(c) The director of the employing office may, in writing,
shorten the period of advance notice required under
subsection (a), with respect to a particular reduction in
force, if necessary because of circumstances not reasonably
foreseeable.
(d) No notice period may be shortened to less than 30 days
under this subsection.

____________________

REMEMBERING SENATOR HOWARD METZENBAUM

Mr. VOINOVICH. Mr. President, I rise to pay tribute to one of the
giants in Ohio history, Senator Howard Metzenbaum. On March 12, Ohio
and our Nation lost a public servant who dedicated 19 years of his life
to this institution and to defending and advocating the principles and
ideals he held so passionately.
Though our political views differed, I admired and respected Howard's
tenacious work for those things he felt would make a difference for
Ohio and our country. One always knew where he stood.
Much has been said about how Howard was a self-made man. He
epitomized the nose-to-the-grindstone, Midwestern work ethic. As a
fellow Clevelander, he grew up poor. But that did not prevent Howard
from seizing opportunities as they presented themselves. And he seized
those opportunities even as a young boy. Howard graduated from the Ohio
State University College of Law, working the entire time to put himself
through school.
As public servants for Ohio, Howard and I were brought together on
many issues and occasions. Many times we did not see eye to eye.
However, there were also times when we worked together. While I was
Governor of Ohio, then-Senator Metzenbaum, Representative Marcy Kaptur
and I worked together in a bipartisan fashion to plant the seed for the
Veteran's Glass City Skyway bridge in Toledo, Ohio. Through his
leadership, we were able to dedicate the bridge this past summer.
Some of my colleagues today were here for parts of Howard's 19 years
in the Senate. Those who were here and were on the opposite side of an
issue quickly found out what a formidable challenge and powerhouse he
could be. Howard did not go along to get along. Howard did what he
thought was right and what he thought was in the best interests for the
people he represented.
It was with respect for his service and convictions that Howard was
honored in 2005 by renaming the renovated United States Courthouse in
Cleveland the Howard M. Metzenbaum Courthouse--a fitting tribute to a
man who, when he perceived an injustice, fought so hard to make a wrong
right. Howard Metzenbaum made a difference.
Howard will be missed. His family, including his wife Shirley and his
four daughters, Shelly, Amy, Susan and Barbara, are in our prayers.
Mr. BROWN. Mr. President, a great son of Ohio, Senator Howard
Metzenbaum passed away March 12, in Florida. He was personally
inspirational to so many. He changed the lives of Ohioans. He changed
the lives of so many Americans through his lifetime commitment to
public service. I am honored to hold his seat in the Senate and I am
honored to follow in his footsteps. Senate tradition dictates that many
Members of the Senate carve their names in the desk drawers of the
desks that have been lining the rows of the Senate. Whoever has Senator
Metzenbaum's desk can, with all of us, share in the legacy of his
greatness.
Senator Metzenbaum and Senator John Glenn, who served together for
almost two decades, made an unparalleled team for Ohio. In the Senate,
as Senator Reid mentioned, Metzenbaum was a child of poverty. He was a
child of prejudice growing up in the east side as a Jew and suffered
both from his family's poverty and anti-Semitism, in all too many
cases. He worked his way at a job, as a 10-year-old. He worked his way
through Ohio State.
In the Senate, Senator Metzenbaum was a master of a constant presence
in an often empty Chamber. Once, when a 2-week filibuster was cut off,
Metzenbaum was still determined to block action on lifting natural gas
price controls. He and a partner sent the Senate into round-the-clock
sessions by demanding rollcall votes on 500 amendments. He didn't care
if he angered his colleagues. He didn't care if he was liked every day
by his colleagues. What he cared about is fighting for economic justice
and social justice for the 10 million citizens whom he represented and
for the 250 million Americans or so when he served in the Senate.
According to the Washington Post, in 1982, the Senator saved $10
million by blocking special interest tax breaks and porkbarrel
programs. I remember watching him. I served in the House, the beginning
of my House career and the end of his Senate career, and I watched him
as a younger elected official in State politics. He stood in front of
an audience; the energy just burst from him, and the fiery passion for
economic justice and social justice poured forth from him. He would
start on the podium, the first politician I saw do

[[Page 4475]]

this, and as he worked his way into the speech, he would come from the
podium and he would walk into the audience. People would always respond
with the same kind of passion and be inspired by him. That is my
clearest, favorite memory of him.
His legislative record, of course, was so important too. One of the
most important things he did was the plant closing legislation, giving
a 60-day notice to workers who, too often, have seen their jobs
disappear with nothing to show--pensions and more. He fought for people
who had less privilege than he did, and he always fought for
opportunity for people of both genders. That is what he will be
remembered for.
I particularly admire his family. Howard was a great family man, a
man who cared very much about Shirley, his wife, and four daughters,
Shelly, Amy, Susan, and Barbara. He will be greatly missed. He later
became head of the Consumer Federation of America, never giving up his
passion for fighting for ordinary people and being a warrior for social
and economic justice.

____________________

ADDITIONAL STATEMENTS

______

RECOGNIZING THE CREATION OF THE 310TH SPACE WING

Mr. ALLARD. Mr. President, I rise today to honor the 310th
Space Wing, which was officially activated on Friday, March 7, 2008.
This newly created wing is comprised of 16 subordinate units located at
Colorado's Schriever AFB, Peterson AFB, and Buckley AFB, as well as
Vandenberg AFB, CA. This wing is an expansion of the 310th Space Group,
currently based at Schriever AFB in Colorado Springs, CO.
Over the last 15 years the outstanding members of the 310th Space
Group have played a critical role in space operations, providing
unrivaled support in operating and defending our space systems. This
expansion is a testament to both their performance and mission, while
also reinforcing my belief that space is a vital component to fighting
and winning our nation's wars.
The 310th's history dates back to World War II when it began as the
310th Bombardment Group on March 15, 1942. The unit flew B-25
``Mitchell'' bombers in support of operations in Tunisia, Sicily,
Italy, Sardinia, France, Austria, and Yugoslavia. During those
campaigns, the 310th perfected ``skip bombing'' techniques against
bridges, airborne, and rail yard targets. Developed to allow aviators
to come into the target area low and fast to avoid deadly anti-aircraft
fire, the bombs actually ``skipped'' over the surface of the water in a
manner similar to skipping a stone and either bounced into the side of,
or exploded over the target, proving extremely effective.
The 310th was reactivated 1997, as the 310th Space Group, and rapidly
grew to meet the Air Force Reserve's expanding role in space
operations. As the cochairman of the Congressional Space Power Caucus
and a Coloradoan, I am extremely proud of the 310th and all who serve
in it and congratulate them on their success in becoming a
wing.

____________________

TRIBUTE TO THE NORTHERN KENTUCKY UNIVERSITY WOMEN'S BASKETBALL TEAM

Mr. BUNNING. Mr. President, I pay tribute to the Northern
Kentucky University women's basketball team. The Norse defeated the
University of South Dakota 63 to 58 to capture the NCAA Division II
Championship on March 29, 2008.
This is the second time the Northern Kentucky University women's
basketball team has won the NCAA Division II Championship. The last
time the Norse reached the pinnacle of their sport was in the 1999 to
2000 season.
The citizens of Kentucky are proud to have these national champs
living and learning in the Northern Kentucky community. Their example
of hard work and determination should be followed by all in the
Commonwealth.
I congratulate the players for their success in bringing another
championship trophy to the campus of Northern Kentucky University. I
also want to congratulate their coaches, along with their peers,
faculty, administrators, and parents for their support and sacrifices
they have made to help them meet their achievements and dreams. They
all represent Kentucky honorably.

____________________

20TH ANNIVERSARY OF THE MEYERHOFF SCHOLARSHIP PROGRAM

Mr. CARDIN. Mr. President, I wish to recognize the 20th
anniversary of the Robert and Jane Meyerhoff Scholarship Program at the
University of Maryland Baltimore County, UMBC.
The Meyerhoff Scholarship Program is among the most successful
undergraduate diversity programs in our Nation, helping thousands of
minority students reach their full potential in mathematics, the
sciences, and engineering fields. Since its inception, Meyerhoff
scholars number more than 800, with 557 graduates across the Nation and
267 undergraduates and graduate fellows enrolled at UMBC.
More than two decades ago, UMBC president Dr. Freeman A. Hrabowski, a
mathematician, author, and education innovator, lamented that there
were few minorities in the sciences and that the education pipeline did
not suggest that that situation would change.
Through the generosity and vision of Robert and Jane Meyerhoff, Dr.
Hrabowski was able to establish the Robert and Jane Meyerhoff
Scholarship Program at UMBC. The program seeks and attracts top-notch
minority high school students and is able to provide university
educational expenses as well as a demanding academic program
concentrating in science, math, and engineering. The UMBC corporate
community is able to use the talents of the students while providing
internships, jobs, and research opportunities.
The Meyerhoff Scholarship Program has become a leading national model
for diversifying America's scientific and engineering workforce,
preparing large numbers of African Americans and others for careers in
science, medicine, engineering, information technology, teaching, and
public health.
On April 4 and 5, the Meyerhoff Scholarship students, their mentors,
professors, and families will gather for a research symposium to
celebrate their 20 years of progress and success. I ask my colleagues
to join me in saluting the vision and perseverance of UMBC president
Dr. Freeman A. Hrabowski and the generosity of Robert Meyerhoff and his
late wife Jane. Together they have changed lives and
expectations.

____________________

TRIBUTE TO DR. WALTER PAVASARIS

Mr. LIEBERMAN. Mr. President, today I wish to honor a
visionary in the field of music education, Dr. Walter Pavasaris. Dr.
Pavasaris, a native of New Britain, CT, has been selected to receive
the Massachusetts Music Educators Distinguished Service Award.
Walter M. Pavasaris has been a music educator and curriculum
coordinator in Massachusetts for the past 31 years. During that time he
has taught all levels of K-12 music, including both general and
instrumental, as well as teaching undergraduate and graduate level
courses in various collegiate settings. In Walter's position as
coordinator of fine and performing arts for the Lexington Public
Schools, he is responsible for the implementation of the K-12
curriculum in the areas of music, visual arts, and drama. He leads a
faculty of 41 highly motivated professional artists/educators. In
addition to his responsibilities in Lexington, Walter also serves on
the music education faculty at the Boston Conservatory of Music.
In 1971, Walter graduated from the University of Hartford, Hartt
College of Music, with a bachelor of music education degree. While at
Hartt he studied double bass with Bert Turetzky, Leland Tolo, and also
traveled to Boston and Tanglewood to study with William Rhein,
associate principal double bassist of the Boston Symphony. While
completing his undergraduate degree at Hartt, Walter was active as a
freelance musician playing in a variety of small combos and big bands
in the greater Hartford, CT, area. Additionally, he played in the Smith
College

[[Page 4476]]

Orchestra, Springfield, MA, Symphony and New Britain, CT, Symphony. In
his senior year Walter was recognized by Hartt College of Music as an
Outstanding Music Educator based on his outstanding leadership,
participation, and scholarship in the field of music.
Following his graduation from Hartt College of Music, Walter won an
audition and was selected to become a member of the U.S. Military
Academy Band at West Point, NY. During the next 3 years he played
sousaphone in the marching band and double bass in the concert band and
chamber orchestra. While at West Point, Walter was a member of the
Hudson Valley Philharmonic Orchestra. During this time, he studied with
New York Philharmonic double bassist Orin O'Brien.
Upon his discharge from the Army, Walter began his graduate studies
at the University of Michigan majoring in stringed instruments. While
at Michigan, he was a teaching fellow in the String Department. He
studied double bass with Larry Hurst. During his years at Michigan,
Walter played in a variety of orchestral ensembles and was the double
bassist in the wind ensemble conducted by H. Robert Reynolds. He earned
his master of music in string instruments in December 1976.
In September of 1977, Dr. Pavasaris joined the music faculty of the
Belmont, MA, public schools. During his first few years in Belmont, his
teaching responsibilities included being the director of orchestras and
string teacher for grades 3 to 12, and conducting one of the middle
school bands. As string enrollments flourished, his responsibilities
shifted to overseeing the entire string and orchestral curriculum in
grades 3 to 12. In addition to teaching large heterogeneous grouped
weekly string lessons in each of the elementary schools, Walter
encouraged his students to also be part of the very popular ``Saturday
Morning'' music program, which he administered during many of the years
he was in Belmont. It was in this program that all elementary students,
studying an instrument, received a small homogenously grouped lesson as
well as the opportunity to participate in either the All-Town String
Orchestra or Band.
During his years in Belmont, the Belmont High School and Chenery
Middle School Orchestras expanded their music making both within and
outside the community. Under his baton, the middle and high school
orchestra ensembles consistently earned superior ratings at numerous
State, regional, and international music festivals. Additionally, the
Belmont High School Orchestra was selected to perform at the All-
Eastern MENC Conference in Boston in 1983.
In 1990, Walter was appointed coordinator of fine and performing arts
for the Lexington Public Schools. His primary responsibilities include
advocating for the arts and creating and implementing curricula in the
areas of music, visual arts, and drama. Along with advocating for the
arts among a wide array of constituencies, he also supervises and
evaluates the K-12 fine and performing arts faculty. Throughout his
tenure in Lexington, the arts have maintained an integral place within
each student's basic education. Coordinating an outstanding
professional faculty with a supportive administration and community,
Walter has continuously modeled his passion and belief that music is a
lifelong endeavor that transcends, gender, age and ethnicity.
Throughout his professional life, Dr. Pavasaris has positively
impacted many young music educators while serving on the faculty of
many institutions within the greater Boston area, including the Boston
Conservatory of Music, New England Conservatory of Music, and Boston
University. As a member of the music education faculty at the Boston
Conservatory of Music since the late 1980s, Walter has taught a variety
of methods classes as well as classes in string pedagogy and
conducting. He also had an integral part in redefining, reshaping, and
changing the direction of the music education curriculum at TBC to
address the needs of the contemporary educator. For 11 years, Dr.
Pavasaris enthusiastically conducted the Boston University All-
University Orchestra. The orchestra, which was comprised of nonmusic
majors, played for the shear enjoyment of making good music. Whether
teaching conducting, string pedagogy, or instrumental methods, Walter's
students have experienced his enthusiasm and passion for the artistry
of being a musician and educator.
As a conductor, Walter has had the distinct privilege of conducting
festival orchestras in all four Massachusetts districts as well as
throughout New England. In 1992 and from 1999 to 2001 Walter was the
guest conductor of the U.S. Youth Ensemble String Orchestra during
their European Tours. During the 2004 and 2005 seasons he served as
music director of the Nashoba Youth Orchestras. Currently, he is the
music director and conductor of the Arlington, MA, Philharmonic
Orchestra, a post he has held since 1980; associate music director and
associate conductor of the Metrowest Orchestra; and conductor of the
northshore Youth Symphony Senior Orchestra. In 1992, Dr. Pavasaris was
the recipient of the Paul Smith Memorial Conductor of the Year Award
presented by the Massachusetts Instrumental and Choral Conductors'
Association. In 1996, the Massachusetts Music Educators' Association
named Dr. Pavasaris as a recipient of the Lowell Mason Award
acknowledging his numerous contributions to music and music education.
Throughout his career, Walter has had the good fortune to be
associated with many wonderful colleagues and students. He is however,
most thankful for the patience, understanding, and encouragement of his
wife Beverly and son Christopher, who currently works in my office as a
staff assistant.
Making music is an endeavor that can be enjoyed, cherished, and
celebrated regardless of age, gender or ethnicity. It is inspiring to
realize that the personal and professional contributions of Dr.
Pavasaris will only continue to grow through the works of very people
that Walter has come into contact with. It is with great pride that I
recognize such a dedicated visionary in the field of music
education.

____________________

TRIBUTE TO COLONEL MICHAEL P. BARBERO

Mr. LEVIN. Mr. President, I wish to publicly commend and
congratulate COL Michael P. Barbero, U.S. Army, upon his retirement
after 26 years of military service. I have come to know and respect
Colonel Barbero over the last 4 years, during which time he served as
the Chief of the Army Senate Liaison Division in the Office of the Army
Chief of Legislative Liaison. In that capacity, Colonel Barbero was
instrumental in improving the understanding of senators and staff
concerning a vast myriad of Army issues, in particular an understanding
of the Army's role in the wars in Iraq and Afghanistan, and the effect
of those wars on the Army and its soldiers and their families.
Colonel Barbero escorted over 50 congressional delegations, including
13 to Iraq and 3 to Afghanistan. I myself was privileged to have
Colonel Barbero as an escort at my specific request on several of my
own trips to both of those areas. He worked tirelessly to ensure my
visits were coordinated with all of the relevant agencies and
individuals so that I could visit the places, meet with the people, and
deal with the issues that were critical for me as the chairman of the
Senate Armed Services Committee. I am extremely grateful for the
service he provided me and my staff during those trips.
Colonel Barbero's Senate assignment was the capstone to an
outstanding career of service to our Nation. After graduating from the
U.S. Military Academy at West Point in 1982, Colonel Barbero served as
an armor officer in command and staff positions in a number of tank and
cavalry units in the United States and Germany. These assignments
culminated in a position as the operations officer for the 2nd Brigade
of the famed 1st Cavalry Division.
Colonel Barbero also served in a number of high-level positions on
both the Army and Joint Staffs at the Pentagon, as an exercise planner,
analyst, and strategist. As an assistant professor at the U.S. Military
Academy,

[[Page 4477]]

Colonel Barbero played an important role in the development of the
future officers and leaders of the Army.
Colonel Barbero holds a master of science degree in industrial
engineering from the Georgia Institute of Technology. His military
awards include the Legion of Merit, Defense Meritorious Medal,
Meritorious Service Medal, Ranger Tab, Parachutist Badge, and is a
holder of the Army Armor Association's Order of St. George.
Colonel Barbero is married to the former Vicki Jo Drake of Storm
Lake, IA. They have two children, Mary--14--and Michael--10. I
congratulate them too on their husband's and father's retirement from
the Army. The demands of military life are such that military families
also sacrifice and serve the Nation along with their soldier.
Mr. President, the Army, the Senate, and the Nation are lucky to have
had the service of such a great soldier. He will be sorely
missed.

____________________

CONGRATULATING LANCE MACKEY

Ms. MURKOWSKI. Mr. President, today I congratulate Lance
Mackey, of Fairbanks, AK, on achieving the incredible feat of twice
winning the Iditarod Trail Sled Dog Race and the Yukon Quest Sled Dog
Race--two 1,000-mile races--in the same year. Last year, Lance became
the first musher ever to win both races in the same calendar year. An
achievement, which was previously labeled impossible, has for the
second consecutive year been accomplished by Lance Mackey and his team.
For those who are unfamiliar with either the Iditarod or the Yukon
Quest, these races are the world's two longest dogsled races. Both
races, which span over 1,000 miles of rigid mountains, frozen tundra,
and dense forests, are true tests of determination and dedication. Not
only does the rugged terrain pose a huge challenge, but so does the
weather, which frequently drops to 30 or 40 degrees below zero, and the
wind, which can gust up to 100 miles per hour.
The annual Yukon Quest Sled Dog Race is a 1,000-mile international
trek from Fairbanks, AK, to Whitehorse, Canada. Lance Mackey and his
team of canine athletes crossed this great distance in 10 days, 12
hours, and 14 minutes, claiming victory for the fourth year in a row.
Only 11 days after his Yukon Quest victory, Lance and six of his dogs
that competed in the Yukon Quest joined seven of his other dogs and
began the 1,100-mile Iditarod Sled Dog Race. This race, which starts in
Willow, AK, and ends in Nome, AK, commemorates the 1925 diphtheria
serum relay run where dogsled teams had to pass along a vaccine from
Anchorage to Nome in order to save countless lives. The Iditarod race
is no longer run as a relay but is a race completed by individual
dogsled teams.
The 1,100-mile journey travels primarily through the great Alaskan
wilderness. Throughout this year's Iditarod, Lance Mackey was
challenged by not only the weather and terrain but also by other
extraordinary mushers such as the 2006 Iditarod winner, Jeff King, and
other previous winners of this great race. On the morning of March 12,
2008, thousands gathered at the famous burled wood arch on Front Street
in Nome, AK, to cheer on Lance Mackey, as he sledded to back-to-back
wins at the Iditarod, beating the odds as well as the extremely
competitive international field. Lance Mackey and his team of canines
completed the race in 9 days, 11 hours, and 46 minutes, beating four-
time Iditarod champion Jeff King by 1 hour and 19 minutes.
For the past few years, Lance has shown a mastery of working with and
training canine athletes for the sport of dog mushing. As the Anchorage
Daily News aptly stated:

A musher doesn't win four straight, 1,000 mile Yukon Quests
and two straight Iditarods by making dogs run. He wins by
making dogs want to run.

Lance Mackey continues to impress all of us with his remarkable
achievements and record-setting performances. It is my honor to stand
before this body today to congratulate Lance Mackey and his team of
amazing dogs. Lance is a world-class dog musher and a true Alaskan
hero, and I wish him and his team all the success in the
future.

____________________

TRIBUTE TO WILL ETTA ``WILLIE'' OATES

Mr. PRYOR. Mr. President, I wish to honor the life of a woman
reverend across the State of Arkansas as a humble public servant. Will
Etta ``Willie'' Oates, affectionately known as the ``Hat Lady,'' passed
away on March 4, 2008. She was loved for her active volunteerism and
Arkansas pride.
Although she was born in Kansas, she was an Arkansan through and
through. Willie was born to Harry and Fern Long in Arkansas City, KS,
on January 14, 1918. She graduated from the University of Arkansas at
Fayetteville where she was a cheerleader and met her life-long husband,
Dr. Gordon Oates. It was at the university that she earned the nickname
Willie.
After World War II, Willie began her career of volunteerism in Little
Rock. She was selected as Little Rock Woman of the Year in 1955. In
1959, she became the first woman elected to the Arkansas Legislature in
more than 30 years.
Yet, it was her ``hat skits'' that captured people's attention. She
traveled across Arkansas and more than 40 States speaking, performing
her hat skits, judging various competitions, and serving as a grand
marshall at many parades. In 1989, she was officially designated by
proclamation of the State legislature as ``Arkansas's Hat Lady.''
During her lifetime, Willie belonged to over 50 national, State, and
local organizations, served on over 25 boards, and was active in the
First Presbyterian Church of Little Rock.
Willie Oates was my dear friend and an inspiration to all that knew
her. I pay tribute to this public servant of Arkansas and express my
greatest condolences to her family. She will be missed.

____________________

MESSAGES FROM THE PRESIDENT

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

____________________

EXECUTIVE MESSAGES REFERRED

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

____________________

MESSAGE FROM THE HOUSE

At 2:03 p.m., a message from the House of Representatives, delivered
by Ms. Niland, one of its reading clerks, announced that the House has
passed the following bill, in which it requests the concurrence of the
Senate:

H.R. 3361. An act to make technical corrections related to
the Pension Protection Act of 2006.

The message also announced that the House agrees to the
amendment of the Senate to the bill (H.R. 3773) to amend the
Foreign Intelligence Surveillance Act of 1978 to establish a
procedure for authorizing certain acquisitions of foreign
intelligence, and for other purposes, with an amendment, in
which it requests the concurrence of the Senate.

____________________

ENROLLED BILL SIGNED

The message further announced that the Speaker has signed the
following enrolled bill:

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

____________________

MEASURES PLACED ON THE CALENDAR

The following bill was read the first and second times by unanimous
consent, and placed on the calendar:

[[Page 4478]]

H.R. 3361. An act to make technical corrections related to
the Pension Protection Act of 2006.

____________________

EXECUTIVE AND OTHER COMMUNICATIONS

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

EC-5442. A communication from the Administrator, Rural
Housing Service, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Community
Facilities Grant Program'' (RIN0575-AC75) received on March
17, 2008; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-5443. A communication from the Administrator, Risk
Management Agency, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Common Crop
Insurance Regulations; Florida Citrus Fruit Crop Insurance
Provisions'' (RIN0563-AC01) received on March 14, 2008; to
the Committee on Agriculture, Nutrition, and Forestry.
EC-5444. A communication from the Administrator, Dairy
Programs, Department of Agriculture, transmitting, pursuant
to law, the report of a rule entitled ``Dairy Product
Mandatory Reporting'' (Docket No. DA-06-07) received on March
14, 2008; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-5445. A communication from the Administrator,
Agricultural Marketing Service, Department of Agriculture,
transmitting, pursuant to law, the report of a rule entitled
``Dates Grown or Packed in Riverside County, California;
Decreased Assessment Rate'' (Docket No. AMS-FV-07-0104)
received on March 14, 2008; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-5446. A communication from the Administrator,
Agricultural Marketing Service, Department of Agriculture,
transmitting, pursuant to law, the report of a rule entitled
``Tomatoes Grown in Florida; Decreased Assessment Rate''
(Docket No. AMS-FV-07-0114) received on March 14, 2008; to
the Committee on Agriculture, Nutrition, and Forestry.
EC-5447. A communication from the Director, Regulatory
Review Group, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Dairy
Disaster Assistance Payment Program III'' (RIN0560-AH74)
received on March 17, 2008; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-5448. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Prothioconazole; Pesticide Tolerance'' (FRL No. 8353-2)
received on March 17, 2008; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-5449. A communication from the Under Secretary of
Defense (Comptroller), transmitting, pursuant to law, the
report of a violation of the Antideficiency Act within the
Joint Intelligence Operations Center of the Department of the
Navy; to the Committee on Appropriations.
EC-5450. A communication from the Secretary of the Army,
transmitting, pursuant to law, an annual report relative to
the Recruiter Incentive Pay Pilot Program; to the Committee
on Armed Services.
EC-5451. A communication from the Secretary of the Air
Force, transmitting, pursuant to law, a report relative to
the scope of the Advanced Extremely High Frequency satellite
program; to the Committee on Armed Services.
EC-5452. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Inseason Adjustment to the 2008 Gulf of Alaska Pollock Total
Allowable Catch Amount'' (RIN0684-XE84) received on March 14,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-5453. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel Lottery in Areas 542 and 543'' (RIN0684-XF05)
received on March 14, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-5454. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Pacific Cod by Catcher Vessels 60 Feet Length Overall and
Using Pot Gear in the Bering Sea and Aleutian Islands
Management Area'' (RIN0684-XF06) received on March 14, 2008;
to the Committee on Commerce, Science, and Transportation.
EC-5455. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel by Vessels in the Amendment 80 Limited Access
Fishery in the Eastern Aleutian District and Bering Sea and
Aleutian Islands Management Area'' (RIN0684-XF52) received on
March 14, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-5456. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Pacific Cod by Vessels in the Amendment 80 Limited Access
Fishery in the Bering Sea and Aleutian Islands Management
Area'' (RIN0684-XF25) received on March 14, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-5457. A communication from the Deputy Assistant
Administrator for Regulatory Programs, National Marine
Fisheries Service, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Extension of
Emergency Fishery Closure Due to the Presence of the Toxin
that Causes Paralytic Shellfish Poisoning'' (RIN0648-AT48)
received on March 14, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-5458. A communication from the Deputy Assistant
Administrator for Regulatory Programs, National Marine
Fisheries Service, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Final Rule
to Implement the Northeast Region Standardized Bycatch
Reporting Methodology'' (RIN0648-AV70) received on March 14,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-5459. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Temporary Rule; Inseason Retention Limit
Adjustment'' (RIN0648-XF39) received on March 14, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-5460. A communication from the Under Secretary of
Commerce (Intellectual Property), transmitting, pursuant to
law, the report of a rule entitled ``Changes in the
Requirement for a Description of the Mark in Trademark
Applications'' (RIN0651-AC17) received on March 17, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-5461. A communication from the Assistant Secretary of
the Interior (Fish and Wildlife and Parks), transmitting,
pursuant to law, the report of a rule entitled ``National
Park System Units in Alaska--Part 13, Phase II'' (RIN1024-
AD38) received on March 12, 2008; to the Committee on Energy
and Natural Resources.
EC-5462. A communication from the Secretary of Energy,
transmitting, a letter expressing the Administration's strong
opposition to efforts to impose suspensions on the
acquisition of petroleum for the Strategic Petroleum Reserve;
to the Committee on Energy and Natural Resources.
EC-5463. A communication from the Administrator, Energy
Information Administration, Department of Energy,
transmitting, pursuant to law, a report entitled, ``Emissions
of Greenhouse Gases in the United States 2006''; to the
Committee on Energy and Natural Resources.
EC-5464. A communication from the Attorney, Office of
Assistant General Counsel for Legislation and Regulatory Law,
Department of Energy, transmitting, pursuant to law, the
report of a rule entitled ``Alternative Fuel Transportation
Program; Private and Local Government Fleet Determination''
(RIN1904-AB69) received on March 17, 2008; to the Committee
on Energy and Natural Resources.
EC-5465. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Air Quality Implementation
Plans; New Hampshire; Determination of Attainment of the
Ozone Standard'' (FRL No. 8543-4) received on March 17, 2008;
to the Committee on Environment and Public Works.
EC-5466. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Implementation Plans;
Revisions to the Nevada State Implementation Plan; Stationary
Source Permits'' (FRL No. 8543-6) received on March 17, 2008;
to the Committee on Environment and Public Works.
EC-5467. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Ohio SO2 Air
Quality Implementation Plans and Designation of Areas'' (FRL
No. 8534-4) received on March 17, 2008; to the Committee on
Environment and Public Works.
EC-5468. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Determination of Nonattainment and Reclassification of the
Baton Rouge 8-Hour Ozone Nonattainment Area; State of
Louisiana'' (FRL No. 8544-6) received on March 17, 2008; to
the Committee on Environment and Public Works.
EC-5469. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting,

[[Page 4479]]

pursuant to law, the report of a rule entitled
``Determination of Nonattainment and Reclassification of the
Beaumont/Port Arthur 8-Hour Ozone Nonattainment Area; State
of Texas; Final Rule'' (FRL No. 8543-5) received on March 17,
2008; to the Committee on Environment and Public Works.
EC-5470. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``National Ambient Air Quality Standards for Ozone'' (FRL No.
8544-3) received on March 17, 2008; to the Committee on
Environment and Public Works.
EC-5471. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Partial Exchange of an Annuity Contract''
(Rev. Proc. 2008-24) received on March 14, 2008; to the
Committee on Finance.
EC-5472. A communication from the Acting Regulations
Officer, Social Security Administration, transmitting,
pursuant to law, the report of a rule entitled ``Revised
Medical Criteria for Evaluating Immune System Disorders''
(RIN0960-AF33) received on March 17, 2008; to the Committee
on Finance.
EC-5473. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Amplification of Notice 2006-52; Deduction
for Energy Efficient Commercial Buildings'' (Notice 2008-40)
received on March 12, 2008; to the Committee on Finance.
EC-5474. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Abandonment of Stock and Other Securities''
((RIN1545-BE80)(TD 9386)) received on March 12, 2008; to the
Committee on Finance.
EC-5475. A communication from the Chairman, Medicare
Payment Advisory Commission, transmitting, pursuant to law, a
report relative to the Medicare Payment Policy; to the
Committee on Finance.
EC-5476. A communication from the Commissioner, Social
Security Administration, transmitting, pursuant to law, a
report relative to a public-private competition that will be
conducted at the Administration's headquarters in Maryland;
to the Committee on Finance.
EC-5477. A communication from the Program Manager, Center
for Medicaid and State Operation, Department of Health and
Human Services, transmitting, pursuant to law, the report of
a rule entitled ``Medicaid Program; Multiple Source Drug
Definition'' (RIN0938-AP26) received on March 14, 2008; to
the Committee on Finance.
EC-5478. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed license agreement for the export of defense articles
to Japan to provide support for the manufacture of fuel
control devices; to the Committee on Foreign Relations.
EC-5479. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, a copy of the Implementing
Agreement of the treaty that was entered into with the
Government of Australia relative to Defense Trade
Cooperation; to the Committee on Foreign Relations.
EC-5480. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, a report relative to
Vietnamese cooperation on accounting for POW/MIAs; to the
Committee on Foreign Relations.
EC-5481. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, a report relative to Taiwan's
participation as an observer at the World Health Assembly; to
the Committee on Foreign Relations.
EC-5482. A communication from the Acting Assistant Legal
Adviser for Treaty Affairs, Department of State,
transmitting, pursuant to the Case-Zablocki Act, 1 U.S.C.
112b, as amended, the report of the texts and background
statements of international agreements, other than treaties
(List 2008-27--2008-34); to the Committee on Foreign
Relations.
EC-5483. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the re-certification of a
proposed manufacturing license agreement for the export of
defense services to Turkey for the manufacture of the Self
Protection Electronic Warfare System; to the Committee on
Foreign Relations.
EC-5484. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the report of a rule entitled
``Amendment to the International Arms Traffic in Arms
Regulations; Sri Lanka'' (22 CFR Part 126) received on March
14, 2008; to the Committee on Foreign Relations.
EC-5485. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed agreement for the export of defense services to the
Republic of Korea to provide support for maintenance services
on the J79 and J85 engines; to the Committee on Foreign
Relations.
EC-5486. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of an
application for a license for the export of defense services
to the United Kingdom and France to provide continued support
for the installation of the CTS-800-4N gas turbine engine
into the Westland Superlynx Helicopter; to the Committee on
Foreign Relations.
EC-5487. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed license for the export of commercial communications
satellites to international waters; to the Committee on
Foreign Relations.
EC-5488. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the re-certification of a
proposed manufacturing license agreement for the export of
defense services to Canada for the manufacture and assembly
of CF-18 Multi Function Display Indicators; to the Committee
on Foreign Relations.
EC-5489. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed license for the export of firearms to Georgia; to
the Committee on Foreign Relations.
EC-5490. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed transfer of eight Patriot missile systems from the
Government of Germany to the Government of the Republic of
Korea; to the Committee on Foreign Relations.
EC-5491. A communication from the Deputy Director, Office
of Health Plan Standards and Compliance Assistance,
Department of Labor, transmitting, pursuant to law, the
report of a rule entitled ``Mental Health Parity; Interim
Final Amendment to Regulation'' (RIN1210-AA62) received on
March 17, 2008; to the Committee on Health, Education, Labor,
and Pensions.
EC-5492. A communication from the General Counsel, National
Labor Relations Board, transmitting, pursuant to law, a
report relative to acquisitions made from foreign entities;
to the Committee on Health, Education, Labor, and Pensions.
EC-5493. A communication from the Human Resources
Specialist, Office of the Assistant Secretary for
Administration and Management, Department of Labor,
transmitting, pursuant to law, the report of a vacancy and
designation of an acting officer for the position of
Assistant Secretary for Employment and Training, received on
March 17, 2008; to the Committee on Health, Education, Labor,
and Pensions.
EC-5494. A communication from the Director, Regulations
Policy and Management Staff, Department of Health and Human
Services, transmitting, pursuant to law, the report of a rule
entitled ``Food Labeling: Health Claims; Soluble Fiber from
Certain Foods and Risk of Coronary Heart Disease'' (Docket
No. FDA-2008-P-0090) received on March 17, 2008; to the
Committee on Health, Education, Labor, and Pensions.
EC-5495. A communication from the Administrator, General
Services Administration, transmitting, pursuant to law, a
report relative to the Administration's Capital Investment
and Leasing Program; to the Committee on Homeland Security
and Governmental Affairs.
EC-5496. A communication from the Associate General Counsel
for General Law, Department of Homeland Security,
transmitting, pursuant to law, the report of a nomination for
the position of Deputy Secretary, received on March 13, 2008;
to the Committee on Homeland Security and Governmental
Affairs.
EC-5497. A communication from the Director of Congressional
Affairs, Central Intelligence Agency, transmitting, pursuant
to law, the report of action on a nomination and
discontinuation of service in an acting role for the position
of General Counsel, received on March 17, 2008; to the Select
Committee on Intelligence.
EC-5498. A communication from the Deputy Assistant
Administrator, Drug Enforcement Administration, Department of
Justice, transmitting, pursuant to law, the report of a rule
entitled ``Authorized Sources of Narcotic Raw Materials''
(RIN1117-AB03) received on March 14, 2008; to the Committee
on the Judiciary.
EC-5499. A communication from the Acting General Counsel,
Executive Office for Immigration Review, Department of
Justice, transmitting, pursuant to law, the report of a rule
entitled ``Inflation Adjustment for Civil Monetary Penalties
Under Sections 274A, 274B, and 274C of the Immigration and
Nationality Act'' (RIN1125-AA61) received on March 12, 2008;
to the Committee on the Judiciary.
EC-5500. A communication from the Chairman, Federal
Election Commission, transmitting, pursuant to law, its
Strategic Plan for fiscal years 2008 through 2013; to the
Committee on Rules and Administration.
EC-5501. A communication from the Deputy Secretary,
Department of Veterans Affairs, transmitting, pursuant to
law, a report

[[Page 4480]]

relative to the activities and accomplishments of the
Department of Veterans Affairs and Department of Defense
Joint Executive Council; to the Committee on Veterans'
Affairs.

____________________

INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

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

By Mr. LEVIN (for himself and Mr. McCain) (by request):
S. 2787. A bill to authorize appropriations for fiscal year
2009 for military activities of the Department of Defense, to
prescribe military personnel strengths for fiscal year 2009,
and for other purposes; to the Committee on Finance.
By Mr. VITTER (for himself, Mr. Thune, Mr. Voinovich,
and Mr. Brownback):
S. 2788. A bill to impose admitting privilege requirements
with respect to physicians who perform abortions; to the
Committee on Health, Education, Labor, and Pensions.
By Ms. LANDRIEU:
S. 2789. A bill to amend the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 to authorize the Federal Emergency
Management Agency to provide additional assistance to State
and local governments for utility costs resulting from the
provision of temporary housing units to evacuees from
Hurricane Katrina and other hurricanes; to the Committee on
Homeland Security and Governmental Affairs.
By Ms. LANDRIEU:
S. 2790. A bill to amend title XVIII of the Social Security
Act to provide for coverage of comprehensive cancer care
planning under the Medicare program and to improve the care
furnished to individuals diagnosed with cancer by
establishing a Medicare hospice care demonstration program
and grants programs for cancer palliative care and symptom
management programs, provider education, and related
research; to the Committee on Finance.

____________________

SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

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

By Mrs. CLINTON (for herself and Mr. Schumer):
S. Res. 490. A resolution recognizing the Alvin Ailey
American Dance Theater for 50 years of service to the
performing arts; to the Committee on the Judiciary.
By Mr. VITTER:
S. Res. 491. A resolution recognizing the need and
importance of providing additional Federal funds for the
Secretary of the Army to carry out hurricane, coastal, and
flood protection and hurricane and flood damage reduction
activities and related features in the State of Louisiana; to
the Committee on Environment and Public Works.
By Mr. REID:
S. Res. 492. A resolution amending the majority party's
membership on the Select Committee on Ethics for the
remainder of the 110th Congress; considered and agreed to.

____________________

ADDITIONAL COSPONSORS

S. 380

At the request of Mr. Wyden, the name of the Senator from Mississippi
(Mr. Wicker) was added as a cosponsor of S. 380, a bill to reauthorize
the Secure Rural Schools and Community Self-Determination Act of 2000,
and for other purposes.

S. 557

At the request of Mr. Schumer, the name of the Senator from Illinois
(Mr. Durbin) was added as a cosponsor of S. 557, a bill to amend the
Internal Revenue Code of 1986 to make permanent the depreciation
classification of motorsports entertainment complexes.

S. 605

At the request of Ms. Cantwell, the name of the Senator from Vermont
(Mr. Sanders) was added as a cosponsor of S. 605, a bill to amend the
Public Health Service Act to promote and improve the allied health
professions.

S. 702

At the request of Mr. Kohl, the name of the Senator from Pennsylvania
(Mr. Specter) was added as a cosponsor of S. 702, a bill to authorize
the Attorney General to award grants to State courts to develop and
implement State courts interpreter programs.

S. 871

At the request of Mr. Lieberman, the name of the Senator from South
Dakota (Mr. Johnson) was added as a cosponsor of S. 871, a bill to
establish and provide for the treatment of Individual Development
Accounts, and for other purposes.

S. 881

At the request of Mrs. Lincoln, the name of the Senator from Virginia
(Mr. Warner) 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 names of the Senator from
Pennsylvania (Mr. Specter) and the Senator from Mississippi (Mr.
Wicker) were added as cosponsors of S. 911, a bill to amend the Public
Health Service Act to advance medical research and treatments into
pediatric cancers, ensure patients and families have access to the
current treatments and information regarding pediatric cancers,
establish a population-based national childhood cancer database, and
promote public awareness of pediatric cancers.

S. 937

At the request of Mrs. Clinton, the name of the Senator from Missouri
(Mrs. McCaskill) was added as a cosponsor of S. 937, a bill to improve
support and services for individuals with autism and their families.

S. 991

At the request of Mr. Durbin, the name of the Senator from Louisiana
(Ms. Landrieu) was added as a cosponsor of S. 991, a bill to establish
the Senator Paul Simon Study Abroad Foundation under the authorities of
the Mutual Educational and Cultural Exchange Act of 1961.

S. 1120

At the request of Mr. Harkin, the name of the Senator from Maryland
(Ms. Mikulski) was added as a cosponsor of S. 1120, a bill to amend the
Public Health Service Act to provide grants for the training of
graduate medical residents in preventive medicine and public health.

S. 1125

At the request of Mr. Conrad, the name of the Senator from Arkansas
(Mrs. Lincoln) was added as a cosponsor of S. 1125, a bill to amend the
Internal Revenue Code of 1986 to provide incentives to encourage
investment in the expansion of freight rail infrastructure capacity and
to enhance modal tax equity.

S. 1301

At the request of Mr. DeMint, the name of the Senator from North
Carolina (Mr. Burr) was added as a cosponsor of S. 1301, a bill to
preserve and protect the free choice of individual employees to form,
join, or assist labor organizations, or to refrain from such
activities.

S. 1393

At the request of Mr. Alexander, the name of the Senator from Alabama
(Mr. Sessions) was added as a cosponsor of S. 1393, a bill to amend the
Immigration and Nationality Act to prescribe the binding oath or
affirmation of renunciation and allegiance required to be naturalized
as a citizen of the United States, to encourage and support the efforts
of prospective citizens of the United States to become citizens, and
for other purposes.

S. 1462

At the request of Mr. Rockefeller, the name of the Senator from Ohio
(Mr. Brown) was added as a cosponsor of S. 1462, a bill to amend part E
of title IV of the Social Security Act to promote the adoption of
children with special needs.

S. 1464

At the request of Mr. Feingold, the name of the Senator from Vermont
(Mr. Sanders) was added as a cosponsor of S. 1464, a bill to establish
a Global Service Fellowship Program, and for other purposes.

S. 1484

At the request of Mr. Roberts, the name of the Senator from Vermont
(Mr. Sanders) was added as a cosponsor of S. 1484, a bill to amend part
B of title XVIII of the Social Security Act to restore the Medicare
treatment of ownership of oxygen equipment to that in effect before
enactment of the Deficit Reduction Act of 2005.

S. 1627

At the request of Mrs. Lincoln, the name of the Senator from
Washington

[[Page 4481]]

(Ms. Cantwell) was added as a cosponsor of S. 1627, a bill to amend the
Internal Revenue Code of 1986 to extend and expand the benefits for
businesses operating in empowerment zones, enterprise communities, or
renewal communities, and for other purposes.

S. 1655

At the request of Mr. Kennedy, the names of the Senator from New York
(Mrs. Clinton) and the Senator from Illinois (Mr. Obama) were added as
cosponsors of S. 1655, a bill to establish improved mandatory standards
to protect miners during emergencies, and for other purposes.

S. 1689

At the request of Mr. Bingaman, the names of the Senator from
Louisiana (Ms. Landrieu) and the Senator from Georgia (Mr. Chambliss)
were added as cosponsors of S. 1689, a bill to amend the Internal
Revenue Code of 1986 to exclude from gross income amounts received on
account of claims based on certain unlawful discrimination and to allow
income averaging for backpay and frontpay awards received on account of
such claims, and for other purposes.

S. 1699

At the request of Mr. Reed, the name of the Senator from
Massachusetts (Mr. Kerry) was added as a cosponsor of S. 1699, a bill
to amend the provisions of the Elementary and Secondary Education Act
of 1965 regarding school library media specialists, and for other
purposes.

S. 1750

At the request of Mr. Specter, the name of the Senator from
Mississippi (Mr. Wicker) was added as a cosponsor of S. 1750, a bill to
amend title XVIII of the Social Security Act to preserve access to
community cancer care by Medicare beneficiaries.

S. 1794

At the request of Mr. Bayh, the name of the Senator from Alabama (Mr.
Sessions) was added as a cosponsor of S. 1794, a bill to amend the
Federal Direct Loan Program to provide that interest shall not accrue
on Federal Direct Loans for active duty service members and their
spouses.

S. 1810

At the request of Mr. Brownback, the name of the Senator from North
Dakota (Mr. Dorgan) was added as a cosponsor of S. 1810, a bill to
amend the Public Health Service Act to increase the provision of
scientifically sound information and support services to patients
receiving a positive test diagnosis for Down syndrome or other
prenatally and postnatally diagnosed conditions.

S. 1846

At the request of Mr. Bond, the name of the Senator from Nebraska
(Mr. Hagel) was added as a cosponsor of S. 1846, a bill to improve
defense cooperation between the Republic of Korea and the United
States.

S. 1951

At the request of Mr. Baucus, the name of the Senator from
Mississippi (Mr. Wicker) was added as a cosponsor of S. 1951, a bill to
amend title XIX of the Social Security Act to ensure that individuals
eligible for medical assistance under the Medicaid program continue to
have access to prescription drugs, and for other purposes.

S. 1954

At the request of Mr. Baucus, the name of the Senator from
Mississippi (Mr. Wicker) was added as a cosponsor of S. 1954, a bill to
amend title XVIII of the Social Security Act to improve access to
pharmacies under part D.

S. 1963

At the request of Mr. Rockefeller, the name of the Senator from
Washington (Mrs. Murray) was added as a cosponsor of S. 1963, a bill to
amend the Internal Revenue Code of 1986 to allow bonds guaranteed by
the Federal home loan banks to be treated as tax exempt bonds.

S. 1995

At the request of Mr. Hagel, his name was added as a cosponsor of S.
1995, a bill to amend the Internal Revenue Code of 1986 to reduce the
tax on beer to its pre-1991 level.

S. 2002

At the request of Mr. Hatch, the name of the Senator from Louisiana
(Ms. Landrieu) was added as a cosponsor of S. 2002, a bill to amend the
Internal Revenue Code of 1986 to simplify certain provisions applicable
to real estate investment trusts, and for other purposes.

S. 2059

At the request of Mrs. Clinton, the name of the Senator from Illinois
(Mr. Obama) was added as a cosponsor of S. 2059, a bill to amend the
Family and Medical Leave Act of 1993 to clarify the eligibility
requirements with respect to airline flight crews.

S. 2123

At the request of Mr. Kennedy, the name of the Senator from
Massachusetts (Mr. Kerry) was added as a cosponsor of S. 2123, a bill
to provide collective bargaining rights for public safety officers
employed by States or their political subdivisions.

S. 2219

At the request of Mr. Durbin, the name of the Senator from New York
(Mrs. Clinton) was added as a cosponsor of S. 2219, a bill to amend
title XVIII of the Social Security Act to deliver a meaningful benefit
and lower prescription drug prices under the Medicare Program.

S. 2347

At the request of Mr. Obama, the name of the Senator from Maryland
(Mr. Cardin) was added as a cosponsor of S. 2347, a bill to restore and
protect access to discount drug prices for university-based and safety-
net clinics.

S. 2369

At the request of Mr. Baucus, the name of the Senator from Wyoming
(Mr. Enzi) was added as a cosponsor of S. 2369, a bill to amend title
35, United States Code, to provide that certain tax planning inventions
are not patentable, and for other purposes.

S. 2372

At the request of Mr. Smith, the name of the Senator from Colorado
(Mr. Salazar) was added as a cosponsor of S. 2372, a bill to amend the
Harmonized Tariff Schedule of the United States to modify the tariffs
on certain footwear.

S. 2401

At the request of Ms. Cantwell, the name of the Senator from
Massachusetts (Mr. Kerry) 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. 2426

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

S. 2460

At the request of Mrs. Dole, the name of the Senator from Indiana
(Mr. Lugar) was added as a cosponsor of S. 2460, a bill to extend by
one year the moratorium on implementation of a rule relating to the
Federal-State financial partnership under Medicaid and the State
Children's Health Insurance Program and on finalization of a rule
regarding graduate medical education under Medicaid and to include a
moratorium on the finalization of the outpatient Medicaid rule making
similar changes.

S. 2479

At the request of Mr. Brown, the name of the Senator from Vermont
(Mr. Sanders) was added as a cosponsor of S. 2479, a bill to catalyze
change in the care and treatment of diabetes in the United States.

S. 2505

At the request of Ms. Cantwell, the name of the Senator from Maryland
(Mr. Cardin) was added as a cosponsor of S. 2505, a bill to allow
employees of a commercial passenger airline carrier who receive
payments in a bankruptcy proceeding to roll over such payments into an
individual retirement plan, and for other purposes.

S. 2517

At the request of Mr. Smith, the name of the Senator from Maine (Ms.
Snowe) was added as a cosponsor of S. 2517, a bill to amend the
Internal Revenue Code of 1986 to provide that the proceeds of qualified
mortgage bonds may be used to provide refinancing for subprime loans,
to provide a temporary increase in the volume cap for qualified
mortgage bonds, and for other purposes.

[[Page 4482]]

S. 2575

At the request of Mrs. Hutchison, the name of the Senator from
Alabama (Mr. Sessions) was added as a cosponsor of S. 2575, a bill to
amend title 38, United States Code, to remove certain limitations on
the transfer of entitlement to basic educational assistance under
Montgomery GI Bill, and for other purposes.

S. 2598

At the request of Mr. Dorgan, the name of the Senator from Missouri
(Mrs. McCaskill) was added as a cosponsor of S. 2598, a bill to
increase the supply and lower the cost of petroleum by temporarily
suspending the acquisition of petroleum for the Strategic Petroleum
Reserve.

S. 2607

At the request of Ms. Snowe, the names of the Senator from Washington
(Ms. Cantwell) and the Senator from Oregon (Mr. Smith) were added as
cosponsors of S. 2607, a bill to make a technical correction to section
3009 of the Deficit Reduction Act of 2005.

S. 2618

At the request of Mr. Isakson, the name of the Senator from
Mississippi (Mr. Cochran) was added as a cosponsor of S. 2618, a bill
to amend the Public Health Service Act to provide for research with
respect to various forms of muscular dystrophy, including Becker,
congenital, distal, Duchenne, Emery-Dreifuss Facioscapulohumeral, limb-
girdle, myotonic, and oculopharyngeal muscular dystrophies.

S. 2654

At the request of Mr. Coleman, the name of the Senator from West
Virginia (Mr. Byrd) was added as a cosponsor of S. 2654, a bill to
provide for enhanced reimbursement of servicemembers and veterans for
certain travel expenses.

S. 2669

At the request of Ms. Snowe, the name of the Senator from Georgia
(Mr. Isakson) was added as a cosponsor of S. 2669, a bill to provide
for the implementation of a Green Chemistry Research and Development
Program, and for other purposes.

S. 2681

At the request of Mr. Inhofe, the name of the Senator from Washington
(Mrs. Murray) was added as a cosponsor of S. 2681, a bill to require
the issuance of medals to recognize the dedication and valor of Native
American code talkers.

S. 2705

At the request of Mr. Durbin, the name of the Senator from Indiana
(Mr. Bayh) was added as a cosponsor of S. 2705, a bill to authorize
programs to increase the number of nurses within the Armed Forces
through assistance for service as nurse faculty or education as nurses,
and for other purposes.

S. 2715

At the request of Mr. Inhofe, the names of the Senator from Wyoming
(Mr. Enzi), the Senator from Louisiana (Mr. Vitter), the Senator from
Pennsylvania (Mr. Specter), the Senator from South Carolina (Mr.
DeMint), the Senator from Oklahoma (Mr. Coburn), the Senator from
Alabama (Mr. Sessions), the Senator from Georgia (Mr. Chambliss), the
Senator from North Carolina (Mr. Burr), the Senator from Georgia (Mr.
Isakson), the Senator from Alabama (Mr. Shelby) and the Senator from
Tennessee (Mr. Alexander) were added as cosponsors of S. 2715, a bill
to amend title 4, United States Code, to declare English as the
national language of the Government of the United States, and for other
purposes.

S. 2721

At the request of Mr. Alexander, the name of the Senator from Alabama
(Mr. Sessions) was added as a cosponsor of S. 2721, a bill to amend the
Immigration and Nationality Act to prescribe the binding oath or
affirmation of renunciation and allegiance required to be naturalized
as a citizen of the United States, to encourage and support the efforts
of prospective citizens of the United States to become citizens, and
for other purposes.

S. 2755

At the request of Mrs. Murray, the names of the Senator from
Massachusetts (Mr. Kennedy), the Senator from New York (Mr. Schumer),
the Senator from Massachusetts (Mr. Kerry) and the Senator from Ohio
(Mr. Brown) were added as cosponsors of S. 2755, a bill to provide
funding for summer youth jobs.

S. 2766

At the request of Mr. Nelson of Florida, the names of the Senator
from Rhode Island (Mr. Reed), the Senator from Rhode Island (Mr.
Whitehouse) and the Senator from Georgia (Mr. Isakson) were added as
cosponsors of S. 2766, a bill to amend the Federal Water Pollution
Control Act to address certain discharges incidental to the normal
operation of a recreational vessel.

S. 2768

At the request of Mr. Akaka, the names of the Senator from New York
(Mr. Schumer), the Senator from Washington (Ms. Cantwell) and the
Senator from Oregon (Mr. Smith) were added as cosponsors of S. 2768, a
bill to provide a temporary increase in the maximum loan guaranty
amount for certain housing loans guaranteed by the Secretary of
Veterans Affairs.

S. 2770

At the request of Mrs. Feinstein, the name of the Senator from
Washington (Ms. Cantwell) was added as a cosponsor of S. 2770, a bill
to amend the Federal Meat Inspection Act to strengthen the food safety
inspection system by imposing stricter penalties for the slaughter of
nonambulatory livestock.

S. 2774

At the request of Mr. Leahy, the names of the Senator from Hawaii
(Mr. Inouye), the Senator from New Jersey (Mr. Menendez), the Senator
from Washington (Mrs. Murray), the Senator from Iowa (Mr. Harkin), the
Senator from New Mexico (Mr. Bingaman), the Senator from Nebraska (Mr.
Hagel) and the Senator from Ohio (Mr. Brown) were added as cosponsors
of S. 2774, a bill to provide for the appointment of additional Federal
circuit and district judges, and for other purposes.

S. 2783

At the request of Mr. Ensign, the name of the Senator from Arizona
(Mr. Kyl) was added as a cosponsor of S. 2783, a bill to allow for
additional flights beyond the perimeter restriction applicable to
Ronald Reagan Washington National Airport.

S.J. RES. 28

At the request of Mr. Dorgan, the names of the Senator from New
Jersey (Mr. Menendez) and the Senator from Ohio (Mr. Brown) were added
as cosponsors of S.J. Res. 28, a joint resolution disapproving the rule
submitted by the Federal Communications Commission with respect to
broadcast media ownership.

S. RES. 300

At the request of Mr. Menendez, the names of the Senator from
Michigan (Ms. Stabenow) and the Senator from Michigan (Mr. Levin) were
added as cosponsors of S. Res. 300, a resolution expressing the sense
of the Senate that the Former Yugoslav Republic of Macedonia (FYROM)
should stop the utilization of materials that violate provisions of the
United Nations-brokered Interim Agreement between FYROM and Greece
regarding ``hostile activities or propaganda'' and should work with the
United Nations and Greece to achieve longstanding United States and
United Nations policy goals of finding a mutually-acceptable official
name for FYROM.

S. RES. 455

At the request of Mr. Durbin, the name of the Senator from West
Virginia (Mr. Byrd) was added as a cosponsor of S. Res. 455, a
resolution calling for peace in Darfur.

S. RES. 470

At the request of Mr. Feingold, the names of the Senator from
Minnesota (Mr. Coleman), the Senator from Ohio (Mr. Brown), the Senator
from Maryland (Mr. Cardin) and the Senator from Vermont (Mr. Leahy)
were added as cosponsors of S. Res. 470, a resolution calling on the
relevant governments, multilateral bodies, and non-state actors in
Chad, the Central African Republic, and Sudan to devote ample political
commitment and material resources towards the achievement and
implementation of a negotiated resolution to the national and regional
conflicts in Chad, the Central African Republic, and Darfur, Sudan.

[[Page 4483]]

____________________

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Ms. LANDRIEU:
S. 2790. A bill to amend title XVIII of the Social Security Act to
provide for coverage of comprehensive cancer care planning under the
Medicare program and to improve the care furnished to individuals
diagnosed with cancer by establishing a Medicare hospice care
demonstration program and grants programs for cancer palliative care
and symptom management programs, provider education, and related
research; to the Committee on Finance.
Ms. LANDRIEU. Mr. President, I am pleased today to introduce
legislation, the Comprehensive Cancer Care Improvement Act, that holds
the promise of empowering cancer survivors and improving the quality of
cancer care. Each year, more than one million Americans join the ranks
of cancer survivors. Overall, nearly 12 million Americans live as
cancer survivors. The legislation I am introducing will provide these
cancer survivors with vital tools to help them manage their cancer care
during active treatment and in the period of survivorship that follows
treatment.
Cancer survivors from the state of Louisiana and their physicians
have explained to me in compelling fashion the assistance that cancer
survivors need to understand and participate in their treatment,
address the side effects of therapy, and transition to cancer
survivorship. I am sure that many of my Senate colleagues have heard
incredible stories of survivorship from their own constituents.
Management of treatment and its potentially serious side effects is a
daunting task. The legislation I am introducing seeks to assist cancer
survivors in receiving quality care from diagnosis through
survivorship.
A dear friend and citizen of Louisiana, Tucker Melancon, has educated
me about the necessity that all elements of cancer care be coordinated
and that cancer patients be given assistance in managing cancer as a
chronic disease. Judge Melancon and I have been friends for more than
20 years, and since 2001 he has demonstrated courage, strength, and
good humor as he has undergone treatment for breast cancer. He has
inspired me and many others, and it is with pleasure and humility that
I introduce a bill that may help cancer survivors like Tucker receive
cancer care of the highest quality.
The core provision of the Comprehensive Cancer Care Improvement Act
is the establishment of Medicare payment for the development of cancer
care plans and survivorship plans for beneficiaries who are diagnosed
with cancer. The Institute of Medicine, IOM, in a series of reports
issued between 1999 and 2006, has documented the benefits of written
plans that explain to cancer survivors all of the elements of active
cancer treatment, including the side effects of therapy, and that
detail the steps required to monitor the side effects of treatment
during survivorship.
What difference does a written plan of care make? Cancer survivors
and their caregivers tell us that a written plan facilitates the
coordination of care. That means that care plans provide cancer
survivors the tools to receive therapy of the highest quality,
accompanied by appropriate management of the side effects of treatment
and the symptoms of cancer. Most people treated for cancer experience a
range of side effects--including depression, pain, nausea, and
vomiting--that can be debilitating and difficult to manage. Proper
management of those side effects and symptoms can improve cancer
survivors' quality of life and optimize their ability to complete
treatment. The IOM has described patients who complete cancer treatment
as ``lost in transition,'' uncertain how they will receive health care,
including essential follow-up care, after active treatment. A written
survivorship plan that details all elements of treatment received by a
cancer survivor and that provides a roadmap to care after active
treatment eases the transition from cancer patient to cancer survivor.
For patients and health care providers, Hurricane Katrina caused
significant interruptions in care. Cancer patients in the middle of
treatment were left to find their displaced physicians or to find new
cancer care teams. In either case, they suffered from a lack of
information about their ongoing treatment or about follow-up care
plans. Enactment of the legislation I am introducing today would not
address all of the health care delivery problems created by a natural
disaster like Katrina, but it would at least put in the hands of
patients critical information about their care. With that information,
cancer survivors would be better able to continue their care without
serious dislocation.
The U.S. Congress has provided its enthusiastic support to the
National Institutes of Health for research to improve the treatment of
cancer. By introducing the Comprehensive Cancer Care Improvement Act, I
call on my colleagues to join me in a parallel effort to improve the
quality of care for Medicare beneficiaries diagnosed with cancer. It is
in our power to improve the quality of cancer care for Medicare
beneficiaries. By improving Medicare, we set a standard of care for all
Americans diagnosed with cancer.
I am pleased to lead the Senate effort to advance the Comprehensive
Cancer Care Improvement Act. A companion measure has been introduced in
the House by Representatives Lois Capps and Tom Davis and already
enjoys the support of more than 90 House cosponsors. I urge my
colleagues to join me today in supporting legislation that will provide
cancer patients a helping hand in obtaining quality cancer care.
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. 2790

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the
``Comprehensive Cancer Care Improvement Act of 2008''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

TITLE I--COMPREHENSIVE CANCER CARE UNDER THE MEDICARE PROGRAM

Sec. 101. Coverage of cancer care planning services.
Sec. 102. Demonstration project to provide comprehensive cancer care
symptom management services under Medicare.

TITLE II--COMPREHENSIVE PALLIATIVE CARE AND SYMPTOM MANAGEMENT PROGRAMS

Sec. 201. Grants for comprehensive palliative care and symptom
management programs.

TITLE III--PROVIDER EDUCATION REGARDING PALLIATIVE CARE AND SYMPTOM
MANAGEMENT.

Sec. 301. Grants to improve health professional education.
Sec. 302. Grants to improve continuing professional education.

TITLE IV--RESEARCH ON END-OF-LIFE TOPICS FOR CANCER PATIENTS

Sec. 401. Research program.

SEC. 2. FINDINGS.

The Congress makes the following findings:
(1) Individuals with cancer often do not have access to a
cancer care system that provides comprehensive and
coordinated care of high quality.

[[Page 4484]]

(2) The cancer care system has not traditionally offered
individuals with cancer a prospective and comprehensive plan
for treatment and symptom management, strategies for updating
and evaluating such plan with the assistance of a health care
professional, and a follow-up plan for monitoring and
treating possible late effects of cancer and its treatment.
(3) Cancer survivors often experience the under-diagnosis
and under-treatment of the symptoms of cancer, a problem that
begins at the time of diagnosis and often becomes more severe
at the end of life. The failure to treat the symptoms, side
effects, and late effects of cancer and its treatment may
have a serious adverse impact on the health, well-being, and
quality of life of cancer survivors.
(4) Cancer survivors who are members of racial and ethnic
minority groups may face special obstacles in receiving
cancer care that is coordinated and includes appropriate
management of cancer symptoms and treatment side effects.
(5) Individuals with cancer are sometimes put in the
untenable position of choosing between potentially curative
therapies and palliative care instead of being assured access
to comprehensive care that includes appropriate treatment and
symptom management.
(6) Comprehensive cancer care should incorporate access to
psychosocial services and management of the symptoms of
cancer (and the symptoms of its treatment), including pain,
nausea and vomiting, fatigue, and depression.
(7) Comprehensive cancer care should include a means for
providing cancer survivors with a comprehensive care summary
and a plan for follow-up care after primary treatment to
ensure that cancer survivors have access to follow-up
monitoring and treatment of possible late effects of cancer
and cancer treatment.
(8) The Institute of Medicine report, ``Ensuring Quality
Cancer Care'', described the elements of quality care for an
individual with cancer to include--
(A) the development of initial treatment recommendations by
an experienced health care provider;
(B) the development of a plan for the course of treatment
of the individual and communication of the plan to the
individual;
(C) access to the resources necessary to implement the
course of treatment;
(D) access to high-quality clinical trials;
(E) a mechanism to coordinate services for the treatment of
the individual; and
(F) psychosocial support services and compassionate care
for the individual.
(9) In its report, ``From Cancer Patient to Cancer
Survivor: Lost in Transition'', the Institute of Medicine
recommended that individuals with cancer completing primary
treatment be provided a comprehensive summary of their care
along with a follow-up survivorship plan of treatment.
(10) Since more than half of all cancer diagnoses occur
among elderly Medicare beneficiaries, the problems of
providing cancer care are problems of the Medicare program.
(11) Shortcomings in providing cancer care, resulting in
inadequate management of cancer symptoms and insufficient
monitoring and treatment of late effects of cancer and its
treatment, are related to problems of Medicare payments for
such care, inadequate professional training, and insufficient
investment in research on symptom management.
(12) Changes in Medicare payment for comprehensive cancer
care, enhanced public and professional education regarding
symptom management, and more research related to symptom
management and palliative care will enhance patient decision-
making about treatment options and will contribute to
improved care for individuals with cancer from the time of
diagnosis of the individual through the end of the life of
the individual.

TITLE I--COMPREHENSIVE CANCER CARE UNDER THE MEDICARE PROGRAM

SEC. 101. COVERAGE OF CANCER CARE PLANNING SERVICES.

(a) In General.--Section 1861 of the Social Security Act,
as amended by section 114 of the Medicare, Medicaid, and
SCHIP Extension Act of 2007 (Public Law 110-173) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph (Z);
(B) by adding ``and'' at the end of subparagraph (AA); and
(C) by adding at the end the following new subparagraph:
``(BB) comprehensive cancer care planning services (as
defined in subsection (ddd));''; and
(2) by adding at the end the following new subsection:

``Comprehensive Cancer Care Planning Services

``(ddd)(1) The term `comprehensive cancer care planning
services' means--
``(A) with respect to an individual who is diagnosed with
cancer, the development of a plan of care that--
``(i) details, to the greatest extent practicable, all
aspects of the care to be provided to the individual, with
respect to the treatment of such cancer, including any
curative treatment and comprehensive symptom management (such
as palliative care) involved;
``(ii) is furnished in written form to the individual in
person within a period specified by the Secretary that is as
soon as practicable after the date on which the individual is
so diagnosed;
``(iii) is furnished, to the greatest extent practicable,
in a form that appropriately takes into account cultural and
linguistic needs of the individual in order to make the plan
accessible to the individual; and
``(iv) is in accordance with standards determined by the
Secretary to be appropriate;
``(B) with respect to an individual for whom a plan of care
has been developed under subparagraph (A), the revision of
such plan of care as necessary to account for any substantial
change in the condition of the individual, if such revision--
``(i) is in accordance with clauses (i) and (iii) of such
subparagraph; and
``(ii) is furnished in written form to the individual
within a period specified by the Secretary that is as soon as
practicable after the date of such revision;
``(C) with respect to an individual who has completed the
primary treatment for cancer, as defined by the Secretary
(such as completion of chemotherapy or radiation treatment),
the development of a follow-up cancer care plan that--
``(i) describes the elements of the primary treatment,
including symptom management, furnished to such individual;
``(ii) provides recommendations for the subsequent care of
the individual with respect to the cancer involved;
``(iii) is furnished in written form to the individual in
person within a period specified by the Secretary that is as
soon as practicable after the completion of such primary
treatment;
``(iv) is furnished, to the greatest extent practicable, in
a form that appropriately takes into account cultural and
linguistic needs of the individual in order to make the plan
accessible to the individual; and
``(v) is in accordance with standards determined by the
Secretary to be appropriate; and
``(D) with respect to an individual for whom a follow-up
cancer care plan has been developed under subparagraph (C),
the revision of such plan as necessary to account for any
substantial change in the condition of the individual, if
such revision--
``(i) is in accordance with clauses (i), (ii), and (iv) of
such subparagraph; and
``(ii) is furnished in written form to the individual
within a period specified by the Secretary that is as soon as
practicable after the date of such revision.
``(2) The Secretary shall establish standards to carry out
paragraph (1) in consultation with appropriate organizations
representing providers of services related to cancer
treatment and organizations representing survivors of cancer.
Such standards shall include standards for determining the
need and frequency for revisions of the plans of care and
follow-up plans based on changes in the condition of the
individual and standards for the communication of the plan to
the patient.''.
(b) Payment.--Section 1833(a)(1) of the Social Security Act
(42 U.S.C. 1395l(a)(1)) is amended by striking ``and'' before
``(V)'' and inserting before the semicolon at the end the
following: ``, and (W) with respect to comprehensive cancer
care planning services described in any of subparagraphs (A)
through (D) of section 1861(ddd)(1), the amount paid shall be
an amount equal to the sum of (i) the national average amount
under the physician fee schedule established under section
1848 for a new patient office consultation of the highest
level of service in the non-facility setting, and (ii) the
national average amount under such fee schedule for a
physician certification described in section 1814(a)(2) for
home health services furnished to an individual by a home
health agency under a home health plan of care''.
(c) Effective Date.--The amendments made by this section
shall apply to services furnished on or after the first day
of the first calendar year that begins after the date of the
enactment of this Act.

SEC. 102. DEMONSTRATION PROJECT TO PROVIDE COMPREHENSIVE
CANCER CARE SYMPTOM MANAGEMENT SERVICES UNDER
MEDICARE.

(a) In General.--Beginning not later than 180 days after
the date of the enactment of this Act, the Secretary of
Health and Human Services (in this section referred to as the
``Secretary'') shall conduct a two-year demonstration project
(in this section referred to as the ``demonstration
project'') under title XVIII of the Social Security Act under
which payment shall be made under such title for
comprehensive cancer care symptom management services,
including items and services described in subparagraphs (A)
through (I) of section 1861(dd)(1) of the Social Security
Act, furnished by an eligible entity, in accordance with a
plan developed under subparagraph (A) or (C) of section
1861(ddd)(1) of such Act, as added by section 101(a).
Sections 1812(d) and 1814(a)(7) of such Act (42 U.S.C.
1395d(d), 1395f(a)(7)) are not applicable to items and
services furnished under the demonstration project.
Participation of Medicare beneficiaries in the demonstration
project shall be voluntary.
(b) Qualifications and Selection of Eligible Entities.--

[[Page 4485]]

(1) Qualifications.--For purposes of subsection (a), the
term ``eligible entity'' means an entity (such as a cancer
center, hospital, academic health center, hospice program,
physician practice, school of nursing, visiting nurse
association, or other home health agency) that the Secretary
determines is capable, directly or through an arrangement
with a hospice program (as defined in section 1861(dd)(2) of
the Social Security Act (42 U.S.C. 1395x(dd)(2))), of
providing the items and services described in such
subsection.
(2) Selection.--The Secretary shall select not more than 10
eligible entities to participate in the demonstration
project. Such entities shall be selected in a manner so that
the demonstration project is conducted in different regions
across the United States and in urban and rural locations.
(c) Evaluation and Report.--
(1) Evaluation.--The Secretary shall conduct a
comprehensive evaluation of the demonstration project to
determine--
(A) the effectiveness of the project in improving patient
outcomes;
(B) the cost of providing comprehensive symptom management,
including palliative care, from the time of diagnosis;
(C) the effect of comprehensive cancer care planning and
the provision of comprehensive symptom management on patient
outcomes, cancer care expenditures, and the utilization of
hospitalization and emergent care services; and
(D) potential savings to the Medicare program demonstrated
by the project.
(2) Report.--Not later than the date that is one year after
the date on which the demonstration project concludes, the
Secretary shall submit to Congress a report on the evaluation
conducted under paragraph (1).

TITLE II--COMPREHENSIVE PALLIATIVE CARE AND SYMPTOM MANAGEMENT PROGRAMS

SEC. 201. GRANTS FOR COMPREHENSIVE PALLIATIVE CARE AND
SYMPTOM MANAGEMENT PROGRAMS.

(a) In General.--The Secretary of Health and Human Services
shall make grants to eligible entities for the purpose of--
(1) establishing a new palliative care and symptom
management program for cancer patients; or
(2) expanding an existing palliative care and symptom
management program for cancer patients.
(b) Authorized Activities.--Activities funded through a
grant under this section may include--
(1) securing consultative services and advice from
institutions with extensive experience in developing and
managing comprehensive palliative care and symptom management
programs;
(2) expanding an existing program to serve more patients or
enhance the range or quality of services, including cancer
treatment patient education services, that are provided;
(3) developing a program that would ensure the inclusion of
cancer treatment patient education in the coordinated cancer
care model; and
(4) establishing an outreach program to partner with an
existing comprehensive care program and obtain expert
consultative services and advice.
(c) Distribution of Funds.--In making grants and
distributing the funds under this section, the Secretary
shall ensure that--
(1) two-thirds of the funds appropriated to carry out this
section for each fiscal year are used for establishing new
palliative care and symptom management programs, of which not
less than half of such two-thirds shall be for programs in
medically underserved communities to address issues of racial
and ethnic disparities in access to cancer care; and
(2) one-third of the funds appropriated to carry out this
section for each fiscal year are used for expanding existing
palliative care and symptom management programs.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' includes--
(A) an academic medical center, a cancer center, a
hospital, a school of nursing, or a health system capable of
administering a palliative care and symptom management
program for cancer patients;
(B) a physician practice with care teams, including nurses
and other professionals trained in palliative care and
symptom management;
(C) a visiting nurse association or other home care agency
with experience administering a palliative care and symptom
management program;
(D) a hospice; and
(E) any other health care agency or entity, as the
Secretary determines appropriate.
(2) The term ``medically underserved community'' has the
meeting given to that term in section 799B(6) of the Public
Health Service Act (42 U.S.C. 295p(6)).
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(e) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2009 through
2013.

TITLE III--PROVIDER EDUCATION REGARDING PALLIATIVE CARE AND SYMPTOM
MANAGEMENT.

SEC. 301. GRANTS TO IMPROVE HEALTH PROFESSIONAL EDUCATION.

(a) In General.--The Secretary of Health and Human Services
shall make grants to eligible entities to enable the entities
to improve the quality of graduate and postgraduate training
of physicians, nurses, and other health care providers in
palliative care and symptom management for cancer patients.
(b) Application.--To seek a grant under this section, an
eligible entity shall submit an application at such time, in
such manner, and containing such information as the Secretary
may require. At a minimum, the Secretary shall require that
each such application demonstrate--
(1) the ability to incorporate palliative care and symptom
management into training programs; and
(2) the ability to collect and analyze data related to the
effectiveness of educational efforts.
(c) Evaluation.--The Secretary shall develop and implement
a plan for evaluating the effects of professional training
programs funded through this section.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' means a cancer center
(including an NCI-designated cancer center), an academic
health center, a physician practice, a school of nursing, or
a visiting nurse association or other home care agency.
(2) The term ``NCI-designated cancer center'' means a
cancer center receiving funds through a P30 Cancer Center
Support Grant of the National Cancer Institute.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(e) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2009 through
2013.

SEC. 302. GRANTS TO IMPROVE CONTINUING PROFESSIONAL
EDUCATION.

(a) In General.--The Secretary of Health and Human Services
shall make grants to eligible entities to improve the quality
of continuing professional education provided to qualified
individuals regarding palliative care and symptom management.
(b) Application.--To seek a grant under this section, an
eligible entity shall submit an application at such time, in
such manner, and containing such information as the Secretary
may require. At a minimum, the Secretary shall require that
each such application demonstrate--
(1) experience in sponsoring continuing professional
education programs;
(2) the ability to reach health care providers and other
professionals who are engaged in cancer care;
(3) the capacity to develop innovative training programs;
and
(4) the ability to evaluate the effectiveness of
educational efforts.
(c) Evaluation.--The Secretary shall develop and implement
a plan for evaluating the effects of continuing professional
education programs funded through this section.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' means a cancer center
(including an NCI-designated cancer center), an academic
health center, a school of nursing, or a professional society
that supports continuing professional education programs.
(2) The term ``NCI-designated cancer center'' means a
cancer center receiving funds through a P30 Cancer Center
Support Grant of the National Cancer Institute.
(3) The term ``qualified individual'' means a physician,
nurse, social worker, chaplain, psychologist, or other
individual who is involved in providing palliative care and
symptom management services to cancer patients.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(e) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2009 through
2013.

TITLE IV--RESEARCH ON END-OF-LIFE TOPICS FOR CANCER PATIENTS

SEC. 401. RESEARCH PROGRAM.

(a) In General.--The Director of the National Institutes of
Health shall establish a program of grants for research on
palliative care, symptom management, communication skills,
and other end-of-life topics for cancer patients.
(b) Inclusion of National Research Institutes.--In carrying
out the program established under this section, the Director
should provide for the participation of the National Cancer
Institute, the National Institute of Nursing Research, and
any other national research institute that has been engaged
in research described in subsection (a).
(c) Definitions.--In this section:
(1) The term ``Director'' means the Director of the
National Institutes of Health.
(2) The term ``national research institute'' has the
meaning given to that term in section 401(g) of the Public
Health Service Act (42 U.S.C. 281(g)).
(d) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2009 through
2013.

[[Page 4486]]

____________________

SUBMITTED RESOLUTIONS

______

SENATE RESOLUTION 490--RECOGNIZING THE ALVIN AILEY AMERICAN DANCE
THEATER FOR 50 YEARS OF SERVICE TO THE PERFORMING ARTS

Mrs. CLINTON (for herself and Mr. Schumer) submitted the following
resolution; which was referred to the Committee on the Judiciary:

S. Res. 490

Whereas the Alvin Ailey American Dance Theater (AAADT) is
widely recognized as one of the world's premier modern dance
companies;
Whereas AAADT is dedicated to promoting the uniqueness of
the African-American cultural experience, to preserving the
heritage of modern dance, and to brining modern dance to
people around the globe;
Whereas, over its 50-year history, AAADT has performed for
an estimated 21,000,000 people in 48 States and in 71
countries on 6 continents;
Whereas AAADT tours more than any other performing arts
company in the world;
Whereas AAADT's signature work, ``Revelations'', has been
seen by more people around the globe than any other work of
dance;
Whereas AAADT performs works by both emerging and
established choreographers from throughout the United States
and the world;
Whereas AAADT's home in New York City, The Joan Weill
Center for Dance, is the largest facility dedicated
exclusively to dance in the United States;
Whereas Alvin Ailey, founder of AAADT, received the United
Nations Peace Medal in 1982;
Whereas President George W. Bush recognized AAADT and
Artistic Director Judith Jamison with the National Medal of
Arts in 2001, making AAADT the first dance company to be so
honored;
Whereas AAADT has performed for United States Presidents
and foreign leaders throughout the company's 50-year history,
including performances in 1968 for President Johnson, in 1977
at the inaugural gala for President Carter, in 1993 at the
inaugural gala for President Clinton, and in 2003 at a state
dinner honoring President Mwai Kibaki of Kenya;
Whereas, over the years, AAADT has brought the culture of
the United States to audiences around the world with
performances at such historic events as the Rio de Janeiro
International Arts Festival in 1963, the first Negro Arts
Festival in Dakar, Senegal, in 1966, the fabled New Year's
Eve performance for the Crown Prince of Morocco in 1978, the
Paris Centennial performance at the Grand Palais Theatre in
1989, 2 unprecedented engagements in South Africa in 1997 and
1998, the 1996 and 2002 Olympic Games, the 2005 Stars of the
White Nights festival in St. Petersburg, Russia, and the 2006
Les etes de la danse de Paris festival in Paris, France;
Whereas AAADT annually provides more than 100,000 young
people from diverse cultural, social, and economic
backgrounds with the opportunity to explore their creative
potential and build their self-esteem through its Arts in
Education and Community Programs, which includes 9 AileyCamps
in cities across the United States;
Whereas Ailey II, the junior company to AAADT, reaches more
than 69,000 people each year through its inspiring
performances and outreach activities while touring to smaller
communities in more than 50 North American cities; and
Whereas the Ailey School, accredited by the National
Association of Schools of Dance, provides the highest quality
training consistent with the professional standards of AAADT,
including a Certificate Program, a Fellowship Program, and a
Bachelor of Fine Arts degree program in conjunction with
Fordham University: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes and commends the Alvin Ailey American Dance
Theater (AAADT) for 50 years of service as a cultural
ambassador of the United States to the world, by bringing
world-class American modern dance to an estimated 21,000,000
people around the globe;
(2) recognizes that AAADT has been a true pioneer in the
world of dance by establishing an extended cultural community
that provides dance performances, training, and community
programs to all people while using the beauty and humanity of
the African-American heritage and other cultures to unite
people of all ages, races, and backgrounds; and
(3) recognizes that Ailey II, the prestigious Ailey School,
and the extensive and innovative Arts in Education and
Community Programs of AAADT train future generations of
dancers and choreographers while continuing to expose young
people from communities large and small to the arts.

____________________

SENATE RESOLUTION 491--RECOGNIZING THE NEED AND IMPORTANCE OF PROVIDING
ADDITIONAL FEDERAL FUNDS FOR THE SECRETARY OF THE ARMY TO CARRY OUT
HURRICANE, COASTAL, AND FLOOD PROTECTION AND HURRICANE AND FLOOD DAMAGE
REDUCTION ACTIVITIES AND RELATED FEATURES IN THE STATE OF LOUISIANA

Mr. VITTER submitted the following resolution; which was referred to
the Committee on Environment and Public Works:

S. Res. 491

Whereas the restoration of the infrastructure, hurricane,
flood protection, ecosystem, and habitat of the State of
Louisiana is critical to the United States economy because--
(1) Louisiana is the key to United States energy security,
providing nearly 30 percent of the energy required to power
the United States economy;
(2) Louisiana provides more than 25 percent of the seafood
consumed in the United States;
(3) Louisiana provides the largest port system in the world
(having 5 of 15 ports with the most total tonnage of all
ports in the United States); and
(4) more than 36 States depend on maritime commerce on
waterways in Louisiana to receive goods and services;
Whereas, in 2005, Hurricanes Katrina and Rita devastated
Louisiana, causing the death of more than 1,400, the loss of
217 square miles of coastal land and wetlands, and destroyed
the integrity and performance of the hurricane protection
system;
Whereas in Louisiana Hurricanes Katrina and Rita initially
caused the evacuation and displacement of 1,300,000 residents
of Louisiana, destroyed more than 200,000 homes, 40 schools,
and 10 hospitals, damaged 835 schools, flooded more than
16,000 businesses, caused the loss of 179,000 jobs, and
resulted in property losses of more than $100,000,000,000 in
the State;
Whereas Louisiana had a reduction in gross State product of
$7,400,000,000 during the period beginning on the date of
occurrence of Hurricane Katrina and ending on June 30, 2006;
Whereas Federal funds are needed, in addition to the fiscal
year 2009 budget request of the President, to reduce the risk
to the greater New Orleans, Louisiana, area from storm surges
to provide at least an updated 100-year protection standard
and address associated flood protection needs to meet the
President's commitment to complete the Corps of Engineers
work necessary for the updated 100-year protection standard
for the greater New Orleans area by the 2011 hurricane
season;
Whereas, in accordance with section 7012(c) of the Water
Resources Development Act of 2007 (121 Stat. 1279), the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate may adopt a resolution to allow
for appropriation of additional Federal funds that exceed 25
percent of the authorized level for the activities identified
in subsection (a) of that section;
Whereas, the historic cost share for current and future
work for the Southeast Louisiana Project is 75 percent
Federal and 25 percent non-Federal, in accordance with
section 533(d) of the Water Resources Development Act of 1996
(110 Stat. 3775), as reconfirmed by Congress in subsequent
supplemental legislation related to the 2005 hurricanes; and
Whereas, the historic cost share for the Lake Pontchartrain
and Vicinity project is 70 percent Federal and 30 percent
non-Federal, in accordance with section 204 of the Flood
Control Act of 1965 (79 Stat. 1077), as reconfirmed by
Congress in subsequent supplemental legislation:
Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the urgency for Congress to approve
additional Federal funds required by the Corps of Engineers
by October 1, 2008, to complete hurricane, coastal, and flood
protection and hurricane and flood damage reduction
activities and related features to meet the President's
commitment to complete the Corps of Engineers work necessary
for the updated 100-year protection standard for the greater
New Orleans area by the 2011 hurricane season; and
(2) finds that, given the significance and consequences of
the 2005 Hurricanes Katrina and Rita, the additional Federal
funds to reduce the risk to the greater New Orleans,
Louisiana, area from storm surges and to provide at least an
updated 100-year protection standard and address associated
flood protection needs shall be carried out at full Federal
expense.

[[Page 4487]]

____________________

SENATE RESOLUTION 492--AMENDING THE MAJORITY PARTY'S MEMBERSHIP ON THE
SELECT COMMITTEE ON ETHICS FOR THE REMAINDER OF THE 110TH CONGRESS

Mr. REID submitted the following resolution; which was considered and
agreed to:

S. Res. 492

Resolved, That Senate Resolution 27 (110th Congress) is
amended, effective January 1, 2008, by striking all from
``ETHICS:'' through ``72a-1f'' and inserting ``ETHICS: Mrs.
Boxer (Chairman), Mr. Pryor, and Mr. Salazar''

____________________

NOTICES OF HEARINGS

committee on energy and natural resources

Mr. BINGAMAN. Mr. President, I would like to announce for the
information of the Senate and the public that a hearing has been
scheduled before the Senate Committee on Energy and Natural Resources.
The hearing will be held on Tuesday, April 15, 2008, at 10 a.m. in
room SD-366 of the Dirksen Senate Office Building.
The purpose of this hearing is to consider S. 2438, a bill to repeal
certain provisions of the Federal Lands Recreation Enhancement Act.
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 e-mail to rachel_pasternack@energy .senate.gov.
For further information, please contact Rachel Pasternack at (202)
224-0883 or David Brooks at 202-224-9863.

SUBCOMMITTEE ON WATER AND POWER

Mr. BINGAMAN. Mr. President, I would like to announce for the
information of the Senate and the public that a hearing has been
scheduled before the Subcommittee on Water and Power of the Committee
on Energy and Natural Resources. The hearing will be held on April 8,
2008, at 2:30 p.m. in room 366 of the Dirksen Senate Office Building in
Washington, DC.
The purpose of the hearing is to receive testimony on the following
bills: S. 2259/H.R. 813, to amend the Reclamation Wastewater and
Groundwater Study and Facilities Act to authorize the Secretary of the
Interior to participate in the Prado Basin Natural Treatment System
Project, to authorize the Secretary to participate in the Lower Chino
Dairy Area desalination demonstration and reclamation project, and for
other purposes; H.R. 31, to amend the Reclamation Wastewater and
Groundwater Study and Facilities Act to authorize the Secretary of the
Interior to participate in the Elsinore Valley Municipal Water District
Wildomar Service Area Recycled Water Distribution Facilities and
Alberhill Wastewater Treatment and Reclamation Facility Projects; H.R.
716, to amend the Reclamation Wastewater and Groundwater Study and
Facilities Act to authorize the Secretary of the Interior to
participate in the Santa Rosa Urban Water Reuse Plan; H.R. 786, to
amend the Reclamation Wastewater and Groundwater Study and Facilities
Act to authorize the Secretary of the Interior to participate in the
Los Angeles County Water Supply Augmentation Demonstration Project, and
for other purposes; H.R. 1140, to authorize the Secretary, in
cooperation with the City of San Juan Capistrano, California, to
participate in the design, planning, and construction of an advanced
water treatment plant facility and recycled water system, and for other
purposes; H.R. 1503, to amend the Reclamation Wastewater and
Groundwater Study and Facilities Act to authorize the Secretary of the
Interior to participate in the Avra/Black Wash Reclamation and Riparian
Restoration Project; H.R. 1725, to amend the Reclamation Wastewater and
Groundwater Study and Facilities Act to authorize the Secretary of the
Interior to participate in the Rancho California Water District
Southern Riverside County Recycled/Non-Potable Distribution Facilities
and Demineralization/Desalination Recycled Water Treatment and
Reclamation Facility Project; H.R. 1737, to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to authorize the
Secretary of the Interior to participate in the design, planning, and
construction of permanent facilities for the GREAT project to reclaim,
reuse, and treat impaired waters in the area of Oxnard, California; and
H.R. 2614, to amend the Reclamation Wastewater and Groundwater Study
and Facilities Act to authorize the Secretary of the Interior to
participate in certain water projects in California.
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 Gina_W[email protected].
For further information, please contact Michael Connor at (202) 224-
5479 or Gina Weinstock at (202) 224-5684.

____________________

CONGRESSIONAL BUDGET FOR THE UNITED STATES GOVERNMENT FOR FISCAL YEAR
2009

On Thursday, March 13, 2008, the Senate agreed to S. Con. Res. 70, as
amended, as follows:

S. Con. Res. 70

Resolved by the Senate (the House of Representatives
concurring),

SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 2009.

(a) Declaration.--Congress declares that this resolution is
the concurrent resolution on the budget for fiscal year 2009
and that this resolution sets forth the appropriate budgetary
levels for fiscal years 2008 and 2010 through 2013.
(b) Table of Contents.--The table of contents for this
concurrent resolution is as follows:

Sec. 1. Concurrent resolution on the budget for fiscal year 2009.

TITLE I--RECOMMENDED LEVELS AND AMOUNTS

Sec. 101. Recommended levels and amounts.
Sec. 102. Social Security.
Sec. 103. Postal Service discretionary administrative expenses.
Sec. 104. Major functional categories.

TITLE II--BUDGET PROCESS

Subtitle A--Direct Spending and Receipts

Sec. 201. Senate point of order against legislation increasing long-
term deficits.
Sec. 202. Point of order--20 percent limit on new direct spending in
reconciliation legislation.

Subtitle B--Discretionary Spending

Sec. 211. Discretionary spending limits, program integrity initiatives,
and other adjustments.
Sec. 212. Point of order against advance appropriations.
Sec. 213. Senate point of order against provisions of appropriations
legislation that constitute changes in mandatory programs
with net costs.
Sec. 214. Discretionary administrative expenses of the Postal Service.

Subtitle C--Other Provisions

Sec. 221. Application and effect of changes in allocations and
aggregates.
Sec. 222. Adjustments to reflect changes in concepts and definitions.
Sec. 223. Debt disclosure requirement.
Sec. 224. Debt disclosures.
Sec. 225. Exercise of rulemaking powers.
Sec. 226. Circuit breaker to protect social security.

TITLE III--RESERVE FUNDS

Sec. 301. Deficit-neutral reserve fund to strengthen and stimulate the
American economy and provide economic relief to American
families.
Sec. 302. Deficit-neutral reserve fund for improving education.
Sec. 303. Deficit-neutral reserve fund for investments in America's
infrastructure.
Sec. 304. Deficit-neutral reserve fund to invest in clean energy,
preserve the environment, and provide for certain
settlements.
Sec. 305. Deficit-neutral reserve fund for America's veterans and
wounded servicemembers and for a post 9/11 GI bill.
Sec. 306. Deficit-neutral reserve fund to improve America's health.
Sec. 307. Sense of the Senate regarding Medicaid administrative
regulations.
Sec. 308. Deficit-neutral reserve fund for judicial pay and judgeships.
Sec. 309. Deficit-neutral reserve fund for reforming the alternative
minimum tax for individuals.
Sec. 310. Deficit-neutral reserve fund for repealing the 1993 increase
in the income tax on social security benefits.

[[Page 4488]]

Sec. 311. Deficit-neutral reserve fund to improve energy efficiency and
production.
Sec. 312. Deficit-neutral reserve fund for immigration reform and
enforcement.
Sec. 313. Deficit-neutral reserve fund for border security, immigration
enforcement, and criminal alien removal programs.
Sec. 314. Deficit-neutral reserve fund for science parks.
Sec. 315. Deficit-neutral reserve fund for 3-year extension of pilot
program for national and state background checks on
direct patient access employees of long-term care
facilities or providers.
Sec. 316. Deficit-neutral reserve fund for studying the effect of
cooperation with local law enforcement.
Sec. 317. Deficit-neutral reserve fund to terminate deductions from
mineral revenue payments to States.
Sec. 318. Deficit-neutral reserve fund for the establishment of State
Internet sites for the disclosure of information relating
to payments made under the State Medicaid program.
Sec. 319. Deficit-neutral reserve fund for traumatic brain injury.
Sec. 320. Deficit-neutral reserve fund to improve animal health and
disease program.
Sec. 321. Deficit-neutral reserve fund for implementation of Yellow
Ribbon Reintegration Program for members of the National
Guard and Reserve.
Sec. 322. Deficit-neutral reserve fund for reimbursing States for the
costs of housing undocumented criminal aliens.
Sec. 323. Deficit-neutral reserve fund for acceleration of phased-in
eligibility for concurrent receipt of benefits.
Sec. 324. Deficit-neutral reserve fund for increased use of recovery
audits.
Sec. 325. Deficit-neutral reserve fund for food safety.
Sec. 326. Deficit-neutral reserve fund for demonstration project
regarding Medicaid coverage of low-income HIV-infected
individuals.
Sec. 327. Deficit-neutral reserve fund for reducing income threshold
for refundable child tax credit to $10,000 with no
inflation adjustment.
Sec. 328. Sense of the Senate regarding the diversion of funds set
aside for USPTO.
Sec. 329. Deficit-neutral reserve fund for education reform.
Sec. 330. Deficit-neutral reserve fund for processing naturalization
applications.
Sec. 331. Deficit-neutral reserve fund for access to quality and
affordable health insurance.
Sec. 332. Deficit-neutral reserve fund for a 9/11 health program.
Sec. 333. Deficit-neutral reserve fund to ban medicare advantage and
prescription drug plan sales and marketing abuses.
Sec. 334. Sense of the Senate regarding extending the ``Moving to Work
Agreement'' between the Philadelphia Housing Authority
and the U.S. Department of Housing and Urban Development
under the same terms and conditions for a period of one
year.
Sec. 335. Sense of the Senate regarding a balanced budget amendment to
the constitution of the United States.
Sec. 336. Sense of the Senate regarding the need for comprehensive
legislation to legalize the importation of prescription
drugs from highly industrialized countries with safe
pharmaceutical infrastructures.

TITLE I--RECOMMENDED LEVELS AND AMOUNTS

SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.

The following budgetary levels are appropriate for each of
fiscal years 2008 through 2013:
(1) Federal revenues.--For purposes of the enforcement of
this resolution:
(A) The recommended levels of Federal revenues are as
follows:
Fiscal year 2008: $1,871,888,000,000.
Fiscal year 2009: $2,012,123,000,000.
Fiscal year 2010: $2,198,259,000,000.
Fiscal year 2011: $2,404,151,000,000.
Fiscal year 2012: $2,488,673,000,000.
Fiscal year 2013: $2,613,013,000,000.
(B) The amounts by which the aggregate levels of Federal
revenues should be changed are as follows:
Fiscal year 2008: -$7,652,000,000.
Fiscal year 2009: -$85,001,000,000.
Fiscal year 2010: $15,395,000,000.
Fiscal year 2011: -$23,874,000,000.
Fiscal year 2012: -$164,642,000,000.
Fiscal year 2013: -$141,727,000,000.
(2) New budget authority.--For purposes of the enforcement
of this resolution, the appropriate levels of total new
budget authority are as follows:
Fiscal year 2008: $2,579,255,000,000.
Fiscal year 2009: $2,533,754,000,000.
Fiscal year 2010: $2,555,400,000,000.
Fiscal year 2011: $2,687,858,000,000.
Fiscal year 2012: $2,731,412,000,000.
Fiscal year 2013: $2,860,070,000,000.
(3) Budget outlays.--For purposes of the enforcement of
this resolution, the appropriate levels of total budget
outlays are as follows:
Fiscal year 2008: $2,476,755,000,000.
Fiscal year 2009: $2,575,733,417,000.
Fiscal year 2010: $2,616,367,415,000.
Fiscal year 2011: $2,709,059,134,000.
Fiscal year 2012: $2,722,339,034,000.
Fiscal year 2013: $2,852,077,000,000.
(4) Deficits.--For purposes of the enforcement of this
resolution, the amounts of the deficits are as follows:
Fiscal year 2008: $604,867,000,000.
Fiscal year 2009: $563,610,417,000.
Fiscal year 2010: $418,108,415,000.
Fiscal year 2011: $304,908,134,000.
Fiscal year 2012: $233,666,034,000.
Fiscal year 2013: $239,064,000,000.
(5) Public debt.--Pursuant to section 301(a)(5) of the
Congressional Budget Act of 1974, the appropriate levels of
the public debt are as follows:
Fiscal year 2008: $9,618,792,000,000.
Fiscal year 2009: $10,278,552,417,000.
Fiscal year 2010: $10,805,195,832,000.
Fiscal year 2011: $11,215,113,966,000.
Fiscal year 2012: $11,580,563,000,000.
Fiscal year 2013: $11,934,375,000,000.
(6) Debt held by the public.--The appropriate levels of
debt held by the public are as follows:
Fiscal year 2008: $5,418,643,000,000.
Fiscal year 2009: $5,803,409,417,000.
Fiscal year 2010: $6,032,754,832,000.
Fiscal year 2011: $6,129,282,966,000.
Fiscal year 2012: $6,141,593,000,000.
Fiscal year 2013: $6,153,706,000,000.

SEC. 102. SOCIAL SECURITY.

(a) Social Security Revenues.--For purposes of Senate
enforcement under sections 302 and 311 of the Congressional
Budget Act of 1974, the amounts of revenues of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund are as follows:
Fiscal year 2008: $666,705,000,000.
Fiscal year 2009: $695,876,000,000.
Fiscal year 2010: $733,571,000,000.
Fiscal year 2011: $772,468,000,000.
Fiscal year 2012: $809,798,000,000.
Fiscal year 2013: $845,044,000,000.
(b) Social Security Outlays.--For purposes of Senate
enforcement under sections 302 and 311 of the Congressional
Budget Act of 1974, the amounts of outlays of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund are as follows:
Fiscal year 2008: $463,746,000,000.
Fiscal year 2009: $493,607,000,000.
Fiscal year 2010: $520,158,000,000.
Fiscal year 2011: $540,487,000,000.
Fiscal year 2012: $566,249,000,000.
Fiscal year 2013: $595,544,000,000.
(c) Social Security Administrative Expenses.--In the
Senate, the amounts of new budget authority and budget
outlays of the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund for
administrative expenses are as follows:
Fiscal year 2008:
(A) New budget authority, $5,160,000,000.
(B) Outlays, $4,989,000,000.
Fiscal year 2009:
(A) New budget authority, $5,473,000,000.
(B) Outlays, $5,476,000,000.
Fiscal year 2010:
(A) New budget authority, $5,623,000,000.
(B) Outlays, $5,581,000,000.
Fiscal year 2011:
(A) New budget authority, $5,788,000,000.
(B) Outlays, $5,759,000,000.
Fiscal year 2012:
(A) New budget authority, $5,962,000,000.
(B) Outlays, $5,932,000,000.
Fiscal year 2013:
(A) New budget authority, $6,147,000,000.
(B) Outlays, $6,115,000,000.

SEC. 103. POSTAL SERVICE DISCRETIONARY ADMINISTRATIVE
EXPENSES.

In the Senate, the amounts of new budget authority and
budget outlays of the Postal Service for discretionary
administrative expenses are as follows:
Fiscal year 2008:
(A) New budget authority, $250,000,000.
(B) Outlays, $237,000,000.
Fiscal year 2009:
(A) New budget authority, $258,000,000.
(B) Outlays, $258,000,000.
Fiscal year 2010:
(A) New budget authority, $267,000,000.
(B) Outlays, $267,000,000.
Fiscal year 2011:
(A) New budget authority, $275,000,000.
(B) Outlays, $275,000,000.
Fiscal year 2012:
(A) New budget authority, $284,000,000.
(B) Outlays, $284,000,000.
Fiscal year 2013:
(A) New budget authority, $293,000,000.

[[Page 4489]]

(B) Outlays, $293,000,000.

SEC. 104. MAJOR FUNCTIONAL CATEGORIES.

Congress determines and declares that the appropriate
levels of new budget authority and outlays for fiscal years
2008 through 2013 for each major functional category are:
(1) National Defense (050):
Fiscal year 2008:
(A) New budget authority, $693,273,000,000.
(B) Outlays, $604,289,000,000.
Fiscal year 2009:
(A) New budget authority, $612,502,000,000.
(B) Outlays, $645,437,000,000.
Fiscal year 2010:
(A) New budget authority, $550,414,000,000.
(B) Outlays, $607,033,000,000.
Fiscal year 2011:
(A) New budget authority, $557,026,000,000.
(B) Outlays, $577,925,000,000.
Fiscal year 2012:
(A) New budget authority, $565,800,000,000.
(B) Outlays, $561,666,000,000.
Fiscal year 2013:
(A) New budget authority, $576,223,000,000.
(B) Outlays, $570,503,000,000.
(2) International Affairs (150):
Fiscal year 2008:
(A) New budget authority, $38,608,000,000.
(B) Outlays, $33,771,000,000.
Fiscal year 2009:
(A) New budget authority, $38,609,416,000.
(B) Outlays, $39,449,416,000.
Fiscal year 2010:
(A) New budget authority, $35,663,000,000.
(B) Outlays, $37,040,000,000.
Fiscal year 2011:
(A) New budget authority, $36,322,000,000.
(B) Outlays, $35,932,000,000.
Fiscal year 2012:
(A) New budget authority, $36,866,000,000.
(B) Outlays, $35,705,000,000.
Fiscal year 2013:
(A) New budget authority, $37,024,000,000.
(B) Outlays, $35,243,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 2008:
(A) New budget authority, $27,407,000,000.
(B) Outlays, $26,456,000,000.
Fiscal year 2009:
(A) New budget authority, $30,536,000,000.
(B) Outlays, $28,987,000,000.
Fiscal year 2010:
(A) New budget authority, $30,369,000,000.
(B) Outlays, $30,490,000,000.
Fiscal year 2011:
(A) New budget authority, $30,848,000,000.
(B) Outlays, $31,167,000,000.
Fiscal year 2012:
(A) New budget authority, $31,332,000,000.
(B) Outlays, $31,650,000,000.
Fiscal year 2013:
(A) New budget authority, $31,816,000,000.
(B) Outlays, $31,635,000,000.
(4) Energy (270):
Fiscal year 2008:
(A) New budget authority, $3,548,000,000.
(B) Outlays, $1,681,000,000.
Fiscal year 2009:
(A) New budget authority, $7,026,000,000.
(B) Outlays, $2,843,000,000.
Fiscal year 2010:
(A) New budget authority, $6,935,000,000.
(B) Outlays, $4,533,000,000.
Fiscal year 2011:
(A) New budget authority, $6,916,000,000.
(B) Outlays, $5,481,000,000.
Fiscal year 2012:
(A) New budget authority, $6,895,000,000.
(B) Outlays, $5,981,000,000.
Fiscal year 2013:
(A) New budget authority, $6,858,000,000.
(B) Outlays, $6,159,000,000.
(5) Natural Resources and Environment (300):
Fiscal year 2008:
(A) New budget authority, $32,560,000,000.
(B) Outlays, $34,440,000,000.
Fiscal year 2009:
(A) New budget authority, $39,835,000,000.
(B) Outlays, $36,309,500,000.
Fiscal year 2010:
(A) New budget authority, $34,730,000,000.
(B) Outlays, $37,039,000,000.
Fiscal year 2011:
(A) New budget authority, $35,424,000,000.
(B) Outlays, $37,217,875,000.
Fiscal year 2012:
(A) New budget authority, $36,111,000,000.
(B) Outlays, $37,394,875,000.
Fiscal year 2013:
(A) New budget authority, $36,812,000,000.
(B) Outlays, $37,756,875,000.
(6) Agriculture (350):
Fiscal year 2008:
(A) New budget authority, $22,423,000,000.
(B) Outlays, $21,495,000,000.
Fiscal year 2009:
(A) New budget authority, $21,377,000,000.
(B) Outlays, $21,127,000,000.
Fiscal year 2010:
(A) New budget authority, $21,532,000,000.
(B) Outlays, $20,501,000,000.
Fiscal year 2011:
(A) New budget authority, $21,665,000,000.
(B) Outlays, $20,659,000,000.
Fiscal year 2012:
(A) New budget authority, $21,994,000,000.
(B) Outlays, $21,176,000,000.
Fiscal year 2013:
(A) New budget authority, $22,307,000,000.
(B) Outlays, $21,513,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 2008:
(A) New budget authority, $11,516,000,000.
(B) Outlays, $5,441,000,000.
Fiscal year 2009:
(A) New budget authority, $9,350,000,000.
(B) Outlays, $3,764,000,000.
Fiscal year 2010:
(A) New budget authority, $11,133,000,000.
(B) Outlays, $3,562,000,000.
Fiscal year 2011:
(A) New budget authority, $7,713,000,000.
(B) Outlays, $824,000,000.
Fiscal year 2012:
(A) New budget authority, $8,028,000,000.
(B) Outlays, $492,000,000.
Fiscal year 2013:
(A) New budget authority, $8,254,000,000.
(B) Outlays, $195,000,000.
(8) Transportation (400):
Fiscal year 2008:
(A) New budget authority, $87,289,000,000.
(B) Outlays, $81,370,000,000.
Fiscal year 2009:
(A) New budget authority, $75,131,000,000.
(B) Outlays, $83,311,000,000.
Fiscal year 2010:
(A) New budget authority, $78,075,000,000.
(B) Outlays, $85,504,000,000.
Fiscal year 2011:
(A) New budget authority, $78,913,000,000.
(B) Outlays, $86,779,000,000.
Fiscal year 2012:
(A) New budget authority, $79,763,000,000.
(B) Outlays, $88,515,000,000.
Fiscal year 2013:
(A) New budget authority, $80,640,000,000.
(B) Outlays, $90,534,000,000.
(9) Community and Regional Development (450):
Fiscal year 2008:
(A) New budget authority, $20,029,000,000.
(B) Outlays, $27,819,000,000.
Fiscal year 2009:
(A) New budget authority, $15,195,000,000.
(B) Outlays, $24,486,700,000.
Fiscal year 2010:
(A) New budget authority, $15,265,000,000.
(B) Outlays, $22,115,400,000.
Fiscal year 2011:
(A) New budget authority, $15,503,000,000.
(B) Outlays, $18,240,900,000.
Fiscal year 2012:
(A) New budget authority, $15,746,000,000.
(B) Outlays, $16,186,800,000.
Fiscal year 2013:
(A) New budget authority, $15,979,000,000.
(B) Outlays, $15,872,800,000.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 2008:
(A) New budget authority, $91,381,000,000.
(B) Outlays, $90,912,000,000.
Fiscal year 2009:
(A) New budget authority, $94,679,670,000.
(B) Outlays, $91,253,020,000.
Fiscal year 2010:
(A) New budget authority, $103,891,000,000.
(B) Outlays, $98,615,482,000.
Fiscal year 2011:
(A) New budget authority, $106,486,000,000.
(B) Outlays, $103,806,534,000.
Fiscal year 2012:
(A) New budget authority, $108,255,000,000.
(B) Outlays, $104,904,034,000.
Fiscal year 2013:
(A) New budget authority, $101,660,000,000.
(B) Outlays, $103,626,000,000.
(11) Health (550):
Fiscal year 2008:
(A) New budget authority, $286,108,000,000.
(B) Outlays, $287,211,000,000.
Fiscal year 2009:
(A) New budget authority, $313,109,000,000.
(B) Outlays, $310,603,000,000.
Fiscal year 2010:
(A) New budget authority, $324,863,000,000.
(B) Outlays, $325,576,000,000.
Fiscal year 2011:
(A) New budget authority, $345,558,000,000.
(B) Outlays, $344,795,000,000.
Fiscal year 2012:
(A) New budget authority, $368,273,000,000.
(B) Outlays, $367,110,000,000.
Fiscal year 2013:
(A) New budget authority, $393,283,000,000.
(B) Outlays, $391,805,000,000.
(12) Medicare (570):
Fiscal year 2008:
(A) New budget authority, $390,458,000,000.
(B) Outlays, $390,454,000,000.
Fiscal year 2009:
(A) New budget authority, $420,389,000,000.
(B) Outlays, $420,150,000,000.
Fiscal year 2010:
(A) New budget authority, $445,380,000,000.
(B) Outlays, $445,513,000,000.
Fiscal year 2011:
(A) New budget authority, $494,477,000,000.
(B) Outlays, $494,305,000,000.
Fiscal year 2012:
(A) New budget authority, $491,399,000,000.
(B) Outlays, $491,163,000,000.
Fiscal year 2013:
(A) New budget authority, $551,039,000,000.
(B) Outlays, $551,161,000,000.
(13) Income Security (600):
Fiscal year 2008:
(A) New budget authority, $393,591,000,000.
(B) Outlays, $394,613,000,000.
Fiscal year 2009:
(A) New budget authority, $414,369,000,000.
(B) Outlays, $419,023,200,000.
Fiscal year 2010:
(A) New budget authority, $416,322,000,000.
(B) Outlays, $418,871,200,000.
Fiscal year 2011:
(A) New budget authority, $425,435,000,000.
(B) Outlays, $426,242,100,000.
Fiscal year 2012:
(A) New budget authority, $411,468,000,000.

[[Page 4490]]

(B) Outlays, $411,597,000,000.
Fiscal year 2013:
(A) New budget authority, $426,718,000,000.
(B) Outlays, $426,611,400,000.
(14) Social Security (650):
Fiscal year 2008:
(A) New budget authority, $19,378,000,000.
(B) Outlays, $19,378,000,000.
Fiscal year 2009:
(A) New budget authority, $21,308,000,000.
(B) Outlays, $21,308,000,000.
Fiscal year 2010:
(A) New budget authority, $23,794,000,000.
(B) Outlays, $23,794,000,000.
Fiscal year 2011:
(A) New budget authority, $27,330,000,000.
(B) Outlays, $27,330,000,000.
Fiscal year 2012:
(A) New budget authority, $30,342,000,000.
(B) Outlays, $30,342,000,000.
Fiscal year 2013:
(A) New budget authority, $33,162,000,000.
(B) Outlays, $33,162,000,000.
(15) Veterans Benefits and Services (700):
Fiscal year 2008:
(A) New budget authority, $86,365,000,000.
(B) Outlays, $83,551,000,000.
Fiscal year 2009:
(A) New budget authority, $93,319,584,000.
(B) Outlays, $92,397,584,000.
Fiscal year 2010:
(A) New budget authority, $95,615,000,000.
(B) Outlays, $95,399,000,000.
Fiscal year 2011:
(A) New budget authority, $100,959,000,000.
(B) Outlays, $100,749,000,000.
Fiscal year 2012:
(A) New budget authority, $97,782,000,000.
(B) Outlays, $97,064,000,000.
Fiscal year 2013:
(A) New budget authority, $103,241,000,000.
(B) Outlays, $102,521,000,000.
(16) Administration of Justice (750):
Fiscal year 2008:
(A) New budget authority, $46,282,000,000.
(B) Outlays, $44,322,000,000.
Fiscal year 2009:
(A) New budget authority, $49,432,330,000.
(B) Outlays, $46,896,297,000.
Fiscal year 2010:
(A) New budget authority, $48,018,000,000.
(B) Outlays, $49,714,333,000.
Fiscal year 2011:
(A) New budget authority, $48,907,000,000.
(B) Outlays, $50,113,500,000.
Fiscal year 2012:
(A) New budget authority, $49,819,000,000.
(B) Outlays, $50,089,000,000.
Fiscal year 2013:
(A) New budget authority, $50,768,000,000.
(B) Outlays, $50,706,000,000.
(17) General Government (800):
Fiscal year 2008:
(A) New budget authority, $56,407,000,000.
(B) Outlays, $56,920,000,000.
Fiscal year 2009:
(A) New budget authority, $24,477,000,000.
(B) Outlays, $24,435,000,000.
Fiscal year 2010:
(A) New budget authority, $19,972,000,000.
(B) Outlays, $20,172,000,000.
Fiscal year 2011:
(A) New budget authority, $20,395,000,000.
(B) Outlays, $20,407,000,000.
Fiscal year 2012:
(A) New budget authority, $20,796,000,000.
(B) Outlays, $20,940,000,000.
Fiscal year 2013:
(A) New budget authority, $21,107,000,000.
(B) Outlays, $20,991,000,000.
(18) Net Interest (900):
Fiscal year 2008:
(A) New budget authority, $349,462,000,000.
(B) Outlays, $349,462,000,000.
Fiscal year 2009:
(A) New budget authority, $335,110,000,000.
(B) Outlays, $335,110,000,000.
Fiscal year 2010:
(A) New budget authority, $372,253,000,000.
(B) Outlays, $372,253,000,000.
Fiscal year 2011:
(A) New budget authority, $409,810,000,000.
(B) Outlays, $409,810,000,000.
Fiscal year 2012:
(A) New budget authority, $435,762,000,000.
(B) Outlays, $435,762,000,000.
Fiscal year 2013:
(A) New budget authority, $451,980,000,000.
(B) Outlays, $451,980,000,000.
(19) Allowances (920):
Fiscal year 2008:
(A) New budget authority, $9,500,000,000.
(B) Outlays, $9,500,000,000.
Fiscal year 2009:
(A) New budget authority, -$14,941,000,000.
(B) Outlays, -$4,099,300,000.
Fiscal year 2010:
(A) New budget authority, -$8,179,000,000.
(B) Outlays, -$10,713,000,000.
Fiscal year 2011:
(A) New budget authority, -$8,466,000,000.
(B) Outlays, -$9,360,775,000.
Fiscal year 2012:
(A) New budget authority, -$8,916,000,000.
(B) Outlays, -$9,295,675,000.
Fiscal year 2013:
(A) New budget authority, -$9,110,000,000.
(B) Outlays, -$10,206,075,000.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 2008:
(A) New budget authority, -$86,330,000,000.
(B) Outlays, -$86,330,000,000.
Fiscal year 2009:
(A) New budget authority, -$67,060,000,000.
(B) Outlays, -$67,060,000,000.
Fiscal year 2010:
(A) New budget authority, -$70,645,000,000.
(B) Outlays, -$70,645,000,000.
Fiscal year 2011:
(A) New budget authority, -$73,364,000,000.
(B) Outlays, -$73,364,000,000.
Fiscal year 2012:
(A) New budget authority, -$76,104,000,000.
(B) Outlays, -$76,104,000,000.
Fiscal year 2013:
(A) New budget authority, -$79,691,000,000.
(B) Outlays, -$79,691,000,000.

TITLE II--BUDGET PROCESS

Subtitle A--Direct Spending and Receipts

SEC. 201. SENATE POINT OF ORDER AGAINST LEGISLATION
INCREASING LONG-TERM DEFICITS.

(a) Congressional Budget Office Analysis of Proposals.--The
Director of the Congressional Budget Office shall, to the
extent practicable, prepare for each bill and joint
resolution reported from committee (except measures within
the jurisdiction of the Committee on Appropriations), and
amendments thereto and conference reports thereon, an
estimate of whether the measure would cause, relative to
current law, a net increase in deficits in excess of $0 in
any of the 4 consecutive 10-year periods beginning with the
first fiscal year that is 10 years after the budget year
provided for in the most recently adopted concurrent
resolution on the budget.
(b) Point of Order.--It shall not be in order in the Senate
to consider any bill, joint resolution, amendment, motion, or
conference report that would cause a net increase in deficits
in excess of $0 in any of the 4 consecutive 10-year periods
described in subsection (a).
(c) Supermajority Waiver and Appeal in the Senate.--
(1) Waiver.--This section may be waived or suspended only
by the affirmative vote of three-fifths of the Members, duly
chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of the
Members, duly chosen and sworn, shall be required to sustain
an appeal of the ruling of the Chair on a point of order
raised under this section.
(d) Determinations of Budget Levels.--For purposes of this
section, the levels of net deficit increases shall be
determined on the basis of estimates provided by the Senate
Committee on the Budget.
(e) Sunset.--This section shall expire on September 30,
2017.
(f) Repeal.--In the Senate, subsections (a) through (d) and
subsection (f) of section 203 of S. Con. Res. 21 (110th
Congress) shall no longer apply.

SEC. 202. POINT OF ORDER--20 PERCENT LIMIT ON NEW DIRECT
SPENDING IN RECONCILIATION LEGISLATION.

(a)(1) In the Senate, it shall not be in order to consider
any reconciliation bill, joint resolution, motion, amendment,
or any conference report on, or an amendment between the
Houses in relation to, a reconciliation bill pursuant to
section 310 of the Congressional Budget Act of 1974, that
produces an increase in outlays, if--
(2) the effect of all the provisions in the jurisdiction of
any committee is to create gross new direct spending that
exceeds 20 percent of the total savings instruction to the
committee; or
(3) the effect of the adoption of an amendment would result
in gross new direct spending that exceeds 20 percent of the
total savings instruction to the committee.
(b) A point of order under paragraph (1) may be raised by a
Senator as provided in section 313(e) of the Congressional
Budget Act of 1974.
(1) Paragraph (1) may be waived or suspended only by an
affirmative vote of three-fifths of the Members, duly chosen
and sworn. An affirmative vote of three-fifths of the Members
of the Senate, duly chosen and sworn, shall be required to
sustain an appeal of the ruling of the Chair on a point of
order raised under paragraph (1).
(2) If a point of order is sustained under paragraph (1)
against a conference report in the Senate, the report shall
be disposed of as provided in section 313(d) of the
Congressional Budget Act of 1974.

Subtitle B--Discretionary Spending

SEC. 211. DISCRETIONARY SPENDING LIMITS, PROGRAM INTEGRITY
INITIATIVES, AND OTHER ADJUSTMENTS.

(a) Senate Point of Order.--
(1) In general.--Except as otherwise provided in this
section, it shall not be in order in the Senate to consider
any bill or joint resolution (or amendment, motion, or
conference report on that bill or joint resolution) that
would cause the discretionary spending limits in this section
to be exceeded.
(2) Supermajority waiver and appeals.--
(A) Waiver.--This subsection may be waived or suspended in
the Senate only by the affirmative vote of three-fifths of
the Members, duly chosen and sworn.
(B) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this subsection shall
be limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the bill or
joint resolution. An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be
required to sustain an appeal of the ruling of the Chair on a
point of order raised under this subsection.

[[Page 4491]]

(b) Senate Discretionary Spending Limits.--In the Senate
and as used in this section, the term ``discretionary
spending limit'' means--
(1) for fiscal year 2008, $1,055,478,000,000 in new budget
authority and $1,093,343,000,000 in outlays; and
(2) for fiscal year 2009, $1,008,482,000,000 in new budget
authority and $1,108,449,000,000 in outlays;

as adjusted in conformance with the adjustment procedures in
subsection (c).
(c) Adjustments in the Senate.--
(1) In general.--After the reporting of a bill or joint
resolution relating to any matter described in paragraph (2),
or the offering of an amendment thereto or the submission of
a conference report thereon--
(A) the Chairman of the Senate Committee on the Budget may
adjust the discretionary spending limits, budgetary
aggregates, and allocations pursuant to section 302(a) of the
Congressional Budget Act of 1974, by the amount of new budget
authority in that measure for that purpose and the outlays
flowing therefrom; and
(B) following any adjustment under subparagraph (A), the
Senate Committee on Appropriations may report appropriately
revised suballocations pursuant to section 302(b) of the
Congressional Budget Act of 1974 to carry out this
subsection.
(2) Matters described.--Matters referred to in paragraph
(1) are as follows:
(A) Continuing disability reviews and ssi
redeterminations.--If a bill or joint resolution is reported
making appropriations for fiscal year 2009 that appropriates
$264,000,000 for continuing disability reviews and
Supplemental Security Income redeterminations for the Social
Security Administration, and provides an additional
appropriation of up to $240,000,000 for continuing disability
reviews and Supplemental Security Income redeterminations for
the Social Security Administration, then the discretionary
spending limits, allocation to the Senate Committee on
Appropriations, and aggregates may be adjusted by the amounts
provided in such legislation for that purpose, but not to
exceed $240,000,000 in budget authority and outlays flowing
therefrom for fiscal year 2009.
(B) Internal revenue service tax enforcement.--If a bill or
joint resolution is reported making appropriations for fiscal
year 2009 that appropriates $6,997,000,000 for the Internal
Revenue Service for enhanced tax enforcement to address the
Federal tax gap (taxes owed but not paid) and provides an
additional appropriation of up to $490,000,000 for the
Internal Revenue Service for enhanced tax enforcement to
address the Federal tax gap, then the discretionary spending
limits, allocation to the Senate Committee on Appropriations,
and aggregates may be adjusted by the amounts provided in
such legislation for that purpose, but not to exceed
$490,000,000 in budget authority and outlays flowing
therefrom for fiscal year 2009.
(C) Health care fraud and abuse control.--If a bill or
joint resolution is reported making appropriations for fiscal
year 2009 that appropriates up to $198,000,000 to the Health
Care Fraud and Abuse Control program at the Department of
Health and Human Services, then the discretionary spending
limits, allocation to the Senate Committee on Appropriations,
and aggregates may be adjusted by the amounts provided in
such legislation for that purpose, but not to exceed
$198,000,000 in budget authority and outlays flowing
therefrom for fiscal year 2009.
(D) Unemployment insurance improper payment reviews.--If a
bill or joint resolution is reported making appropriations
for fiscal year 2009 that appropriates $10,000,000 for in-
person reemployment and eligibility assessments and
unemployment insurance improper payment reviews, and provides
an additional appropriation of up to $40,000,000 for in-
person reemployment and eligibility assessments and
unemployment insurance improper payment reviews, then the
discretionary spending limits, allocation to the Senate
Committee on Appropriations, and aggregates may be adjusted
by the amounts provided in such legislation for that purpose,
but not to exceed $40,000,000 in budget authority and outlays
flowing therefrom for fiscal year 2009.
(E) Comparative effectiveness research at the agency for
healthcare research and quality.--If a bill or joint
resolution is reported making appropriations for fiscal year
2009 that appropriates $30,000,000 for comparative
effectiveness research as authorized under section 1013 of
the Medicare Prescription Drug, Improvement and Modernization
Act of 2003, and provides an additional appropriation of up
to $70,000,000 for that purpose, then the discretionary
spending limits, allocation to the Senate Committee on
Appropriations, and aggregates may be adjusted by the amounts
provided in such legislation for that purpose, but not to
exceed $70,000,000 in budget authority for fiscal year 2009
and the outlays flowing therefrom.
(F) Reducing waste in defense contracting.--If a bill or
joint resolution is reported making appropriations for fiscal
year 2009 that appropriates up to $100,000,000 to the
Department of Defense for additional activities to reduce
waste, fraud, abuse, and overpayments in defense contracting;
achieve the legal requirement to submit auditable financial
statements; or reduce waste by improving accounting for and
ordering of spare parts; subject contracts performed outside
the United States to the same ethics, control, and reporting
requirements as those performed domestically, then the
discretionary spending limits, allocation to the Committee on
Appropriations of the Senate, and aggregates may be adjusted
by the amounts provided in such legislation for that purpose,
but not to exceed $100,000,000 in budget authority and
outlays flowing therefrom for fiscal year 2009.
(3) Adjustments for costs of the wars in iraq and
afghanistan.--The Chairman of the Senate Committee on the
Budget may adjust the discretionary spending limits,
allocations to the Senate Committee on Appropriations, and
aggregates for one or more--
(A) bills reported by the Senate Committee on
Appropriations or passed by the House of Representatives;
(B) joint resolutions or amendments reported by the Senate
Committee on Appropriations;
(C) amendments between the Houses received from the House
of Representatives or Senate amendments offered by the
authority of the Senate Committee on Appropriations; or
(D) conference reports;

making appropriations for fiscal year 2008 or 2009 for the
wars in Iraq and Afghanistan, by the amounts provided in such
legislation for those purposes (and so designated pursuant to
this paragraph), up to $108,056,000,000 in budget authority
for fiscal year 2008 and the new outlays flowing therefrom,
and up to $70,000,000,000 in budget authority for fiscal year
2009 and the new outlays flowing therefrom.
(d) Oversight of Government Performance.--In the Senate,
all committees are directed to review programs within their
jurisdictions to root out waste, fraud, and abuse in program
spending, giving particular scrutiny to issues raised by
Government Accountability Office reports. Based on these
oversight efforts and committee performance reviews of
programs within their jurisdictions, committees are directed
to include recommendations for improved governmental
performance in their annual views and estimates reports
required under section 301(d) of the Congressional Budget Act
of 1974 to the Committees on the Budget.
(e) Supplemental Appropriations for Fiscal Year 2008.--If
legislation making supplemental appropriations for fiscal
year 2008 is enacted, the Chairman of the Senate Committee on
the Budget shall make the appropriate adjustments in
allocations, aggregates, discretionary spending limits, and
other levels of new budget authority and outlays to reflect
the difference between such measure and the corresponding
levels assumed in this resolution.
(f) Inapplicability.--In the Senate, subsections (a), (b),
(c), (e), and (f) of section 207 of S. Con. Res. 21 (110th
Congress) shall no longer apply.

SEC. 212. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.

(a) In General.--
(1) Point of order.--Except as provided in subsection (b),
it shall not be in order in the Senate to consider any bill,
joint resolution, motion, amendment, or conference report
that would provide an advance appropriation.
(2) Definition.--In this section, the term ``advance
appropriation'' means any new budget authority provided in a
bill or joint resolution making appropriations for fiscal
year 2009 that first becomes available for any fiscal year
after 2009, or any new budget authority provided in a bill or
joint resolution making general appropriations or continuing
appropriations for fiscal year 2010, that first becomes
available for any fiscal year after 2010.
(b) Exceptions.--Advance appropriations may be provided--
(1) for fiscal years 2010 and 2011 for programs, projects,
activities, or accounts identified in the joint explanatory
statement of managers accompanying this resolution under the
heading ``Accounts Identified for Advance Appropriations'' in
an aggregate amount not to exceed $29,352,000,000 in new
budget authority in each year; and
(2) for the Corporation for Public Broadcasting.
(c) Supermajority Waiver and Appeal.--
(1) Waiver.--In the Senate, subsection (a) may be waived or
suspended only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be
required to sustain an appeal of the ruling of the Chair on a
point of order raised under subsection (a).
(d) Form of Point of Order.--A point of order under
subsection (a) may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974.
(e) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill, upon a point of order being made by any
Senator pursuant to this section, and such point of order
being sustained,

[[Page 4492]]

such material contained in such conference report shall be
deemed stricken, and the Senate shall proceed to consider the
question of whether the Senate shall recede from its
amendment and concur with a further amendment, or concur in
the House amendment with a further amendment, as the case may
be, which further amendment shall consist of only that
portion of the conference report or House amendment, as the
case may be, not so stricken. Any such motion in the Senate
shall be debatable. In any case in which such point of order
is sustained against a conference report (or Senate amendment
derived from such conference report by operation of this
subsection), no further amendment shall be in order.
(f) Inapplicability.--In the Senate, section 206(a) of S.
Con. Res. 21 (110th Congress) shall no longer apply.

SEC. 213. SENATE POINT OF ORDER AGAINST PROVISIONS OF
APPROPRIATIONS LEGISLATION THAT CONSTITUTE
CHANGES IN MANDATORY PROGRAMS WITH NET COSTS.

(a) In General.--In the Senate, it shall not be in order to
consider any appropriations legislation, including any
amendment thereto, motion in relation thereto, or conference
report thereon, that includes any provision which constitutes
a change in a mandatory program producing net costs, as
defined in subsection (b), that would have been estimated as
affecting direct spending or receipts under section 252 of
the Balanced Budget and Emergency Deficit Control Act of 1985
(as in effect prior to September 30, 2002) were they included
in legislation other than appropriations legislation. A point
of order pursuant to this section shall be raised against
such provision or provisions as described in subsections (e)
and (f).
(b) Changes in Mandatory Programs Producing Net Costs.--A
provision or provisions shall be subject to a point of order
pursuant to this section if--
(1) the provision would increase budget authority in at
least 1 of the 9 fiscal years that follow the budget year and
over the period of the total of the budget year and the 9
fiscal years following the budget year;
(2) the provision would increase net outlays over the
period of the total of the 9 fiscal years following the
budget year; and
(3) the sum total of all changes in mandatory programs in
the legislation would increase net outlays as measured over
the period of the total of the 9 fiscal years following the
budget year.
(c) Determination.--The determination of whether a
provision is subject to a point of order pursuant to this
section shall be made by the Committee on the Budget of the
Senate.
(d) Supermajority Waiver and Appeal.--This section may be
waived or suspended in the Senate only by an affirmative vote
of three-fifths of the Members, duly chosen and sworn. An
affirmative vote of three-fifths of the Members of the
Senate, duly chosen and sworn, shall be required to sustain
an appeal of the ruling of the Chair on a point of order
raised under this section.
(e) General Point of Order.--It shall be in order for a
Senator to raise a single point of order that several
provisions of a bill, resolution, amendment, motion, or
conference report violate this section. The Presiding Officer
may sustain the point of order as to some or all of the
provisions against which the Senator raised the point of
order. If the Presiding Officer so sustains the point of
order as to some of the provisions (including provisions of
an amendment, motion, or conference report) against which the
Senator raised the point of order, then only those provisions
(including provision of an amendment, motion, or conference
report) against which the Presiding Officer sustains the
point of order shall be deemed stricken pursuant to this
section. Before the Presiding Officer rules on such a point
of order, any Senator may move to waive such a point of order
as it applies to some or all of the provisions against which
the point of order was raised. Such a motion to waive is
amendable in accordance with rules and precedents of the
Senate. After the Presiding Officer rules on such a point of
order, any Senator may appeal the ruling of the Presiding
Officer on such a point of order as it applies to some or all
of the provisions on which the Presiding Officer ruled.
(f) Form of the Point of Order.--When the Senate is
considering a conference report on, or an amendment between
the Houses in relation to, a bill, upon a point of order
being made by any Senator pursuant to this section, and such
point of order being sustained, such material contained in
such conference report or amendment shall be deemed stricken,
and the Senate shall proceed to consider the question of
whether the Senate shall recede from its amendment and concur
with a further amendment, or concur in the House amendment
with a further amendment, as the case may be, which further
amendment shall consist of only that portion of the
conference report or House amendment, as the case may be, not
so stricken. Any such motion shall be debatable. In any case
in which such point of order is sustained against a
conference report (or Senate amendment derived from such
conference report by operation of this subsection), no
further amendment shall be in order.
(g) Effectiveness.--This section shall not apply to any
provision constituting a change in a mandatory program in
appropriations legislation if such provision has been enacted
in each of the 3 fiscal years prior to the budget year.

SEC. 214. DISCRETIONARY ADMINISTRATIVE EXPENSES OF THE POSTAL
SERVICE.

In the Senate, notwithstanding section 302(a)(1) of the
Congressional Budget Act of 1974 and section 2009a of title
39, United States Code, the joint explanatory statement
accompanying the conference report on any concurrent
resolution on the budget shall include in its allocations
under section 302(a) of the Congressional Budget Act of 1974
to the Committee on Appropriations amounts for the
discretionary administrative expenses of the Postal Service.

Subtitle C--Other Provisions

SEC. 221. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS
AND AGGREGATES.

(a) Application.--Any adjustments of allocations and
aggregates made pursuant to this resolution shall--
(1) apply while that measure is under consideration;
(2) take effect upon the enactment of that measure; and
(3) be published in the Congressional Record as soon as
practicable.
(b) Effect of Changed Allocations and Aggregates.--Revised
allocations and aggregates resulting from these adjustments
shall be considered for the purposes of the Congressional
Budget Act of 1974 as allocations and aggregates contained in
this resolution.
(c) Budget Committee Determinations.--For purposes of this
resolution the levels of new budget authority, outlays,
direct spending, new entitlement authority, revenues,
deficits, and surpluses for a fiscal year or period of fiscal
years shall be determined on the basis of estimates made by
the Senate Committee on the Budget.

SEC. 222. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND
DEFINITIONS.

Upon the enactment of a bill or joint resolution providing
for a change in concepts or definitions, the Chairman of the
Senate Committee on the Budget may make adjustments to the
levels and allocations in this resolution in accordance with
section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (as in effect prior to September 30,
2002).

SEC. 223. DEBT DISCLOSURE REQUIREMENT.

(a) In General.--It shall not be in order to consider a
budget resolution in the Senate unless it contains a debt
disclosure section including all, and only, the following
disclosures regarding debt:

``SEC. __. DEBT DISCLOSURES.

``(a) In General.--The levels assumed in this budget
resolution allow the gross Federal debt of the nation to
rise/fall by $______ from the current year, fiscal year 20__,
to the fifth year of the budget window, fiscal year 20__.
``(b) Per Person.--The levels assumed in this budget
resolution allow the gross Federal debt of the nation to
rise/fall by $____ on every United States citizen from the
current year, fiscal year 20__ to the fifth year of the
budget window, fiscal year 20__.
``(c) Social Security.--The levels assumed in this budget
resolution project that $____ of the Social Security surplus
will be spent over the 5-year budget window, fiscal years
20__-20__, on things other than Social Security which
represents __ percent of the projected Social Security
surplus over this period.''.
(b) Social Security.--If any portion of the Social Security
surplus is projected to be spent and/or the gross Federal
debt in the fifth year of the budget window is greater than
the debt projected in the current year, as described in the
debt disclosure section described in subsection (a) of this
section, the report, print, or statement of managers
accompanying the budget resolution shall contain a section
that--
(1) details the circumstances making it in the national
interest to allow Federal debt to increase rather than taking
steps to reduce the debt; and
(2) provides a justification for allowing the surpluses in
the Social Security Trust Fund to be spent on other functions
of Government even as the baby boom generation retires,
program costs are projected to rise dramatically, the debt
owed to Social Security is about to come due, and the Trust
Fund is projected to go insolvent.
(c) Definitions.--The term ``gross Federal debt'' described
above represents nominal increases in gross Federal debt
measured at the end of each fiscal year during the period of
the budget, not debt as a percentage of gross domestic
product, and not levels relative to baseline projections.

SEC. 224. DEBT DISCLOSURES.

(a) In General.--The levels assumed in this budget
resolution allow the gross Federal debt of the nation to rise
by $2,000,000,000,000 from the current year, fiscal year
2008, to the fifth year of the budget window, fiscal year
2013.
(b) Per Person.--The levels assumed in this budget
resolution allow the gross Federal debt of the nation to rise
by $6,440 on every United States citizen from the current

[[Page 4493]]

year, fiscal year 2008, to the fifth year of the budget
window, fiscal year 2013.
(c) Social Security.--The levels assumed in this budget
resolution project $800,000,000,000 of the Social Security
surplus will be spent over the 5-year budget window, fiscal
years 2009-2013, on things other than Social Security, which
represents 70 percent of the projected Social Security
surplus over this period.

SEC. 225. EXERCISE OF RULEMAKING POWERS.

Congress adopts the provisions of this title--
(1) as an exercise of the rulemaking power of the Senate,
and as such they shall be considered as part of the rules of
the Senate and such rules shall supersede other rules only to
the extent that they are inconsistent with such other rules;
and
(2) with full recognition of the constitutional right of
the Senate to change those rules at any time, in the same
manner, and to the same extent as is the case of any other
rule of the Senate.

SEC. 226. CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY.

(a) Circuit Breaker.--If in any year the Congressional
Budget Office, in its report pursuant to section 202(e)(1) of
the Congressional Budget Act of 1974 projects an on-budget
deficit (excluding Social Security) for the budget year or
any subsequent fiscal year covered by those projections, then
the concurrent resolution on the budget for the budget year
shall reduce on-budget deficits relative to the projections
of Congressional Budget Office and put the budget on a path
to achieve on-budget balance within 5 years, and shall
include such provisions as are necessary to protect Social
Security and facilitate deficit reduction, except it shall
not contain any reduction in Social Security benefits.
(b) Point of Order.--If in any year the Congressional
Budget Office, in its report pursuant to section 202(e)(1) of
the Congressional Budget Act of 1974 projects an on-budget
deficit for the budget year or any subsequent fiscal year
covered by those projections, it shall not be in order in the
Senate to consider a concurrent resolution on the budget for
the budget year or any conference report thereon that fails
to reduce on-budget deficits relative to the projections of
Congressional Budget Office and put the budget on a path to
achieve on-budget balance within 5 years.
(c) Amendments to Budget Resolution.--If in any year the
Congressional Budget Office, in its report pursuant to
section 202(e)(1) of the Congressional Budget Act of 1974
projects an on-budget deficit for the budget year or any
subsequent fiscal year covered by those projections, it shall
not be in order in the Senate to consider an amendment to a
concurrent resolution on the budget that would increase on-
budget deficits relative to the concurrent resolution on the
budget in any fiscal year covered by that concurrent
resolution on the budget or cause the budget to fail to
achieve on-budget balance within 5 years.
(d) Suspension of Requirement During War or Low Economic
Growth.--
(1) Low growth.--If the most recent of the Department of
Commerce's advance, preliminary, or final reports of actual
real economic growth indicate that the rate of real economic
growth (as measured by the real gross domestic product) for
each of the most recently reported quarter and the
immediately preceding quarter is less than zero percent, this
section is suspended.
(2) War.--If a declaration of war is in effect, this
section is suspended.
(e) Supermajority Waiver and Appeals.--
(1) Waiver.--Subsections (b) and (c) may be waived or
suspended in the Senate only by an affirmative vote of three-
fifths of the Members, duly chosen and sworn.
(2) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this subsection shall
be limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the bill or
joint resolution, as the case may be. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required to sustain an appeal of the ruling
of the Chair on a point of order raised under this
subsection.
(f) Budget Year.--In this section, the term ``budget year''
shall have the same meaning as in section 250(c)(12) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

TITLE III--RESERVE FUNDS

SEC. 301. DEFICIT-NEUTRAL RESERVE FUND TO STRENGTHEN AND
STIMULATE THE AMERICAN ECONOMY AND PROVIDE
ECONOMIC RELIEF TO AMERICAN FAMILIES.

(a) Tax Relief.--The Chairman of the Senate Committee on
the Budget may revise the aggregates, allocations, and other
appropriate levels in this resolution for one or more bills,
joint resolutions, amendments, motions, or conference reports
that would provide tax relief, including extensions of
expiring tax relief, reinstatement of expired tax relief,
such as enhanced charitable giving from individual retirement
accounts, including life-income gifts, and refundable tax
relief and incentivizing utilization of accumulated
alternative minimum tax and research and development credits,
by the amounts provided in that legislation for those
purposes, provided that such legislation would not increase
the deficit over either the period of the total of fiscal
years 2008 through 2013 or the period of the total of fiscal
years 2008 through 2018.
(b) Manufacturing.--The Chairman of the Senate Committee on
the Budget may revise the allocations, aggregates, and other
appropriate levels in this resolution for one or more bills,
joint resolutions, amendments, motions, or conference
reports, including tax legislation, that would revitalize the
United States domestic manufacturing sector by increasing
Federal research and development, by expanding the scope and
effectiveness of manufacturing programs across the Federal
government, by increasing efforts to train and retrain
manufacturing workers, by increasing support for development
of alternative fuels and leap-ahead automotive and energy
technologies, or by establishing tax incentives to encourage
the continued production in the United States of advanced
technologies and the infrastructure to support such
technologies, by the amounts provided in that legislation for
those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2008 through 2013 or the period of the total of
fiscal years 2008 through 2018.
(c) Housing.--The Chairman of the Senate Committee on the
Budget may revise the allocations of a committee or
committees, aggregates, and other levels in this resolution
for one or more bills, joint resolutions, amendments,
motions, or conference reports that would provide housing
assistance, which may include low income rental assistance,
or establish an affordable housing fund financed by the
housing government sponsored enterprises or other sources, by
the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2008
through 2013 or the period of the total of fiscal years 2008
through 2018.
(d) Flood Insurance Reform.--The Chairman of the Senate
Committee on the Budget may revise the allocations of a
committee or committees, aggregates, and other levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that would provide
for flood insurance reform and modernization, by the amounts
provided in such legislation for those purposes, provided
that such legislation would not increase the deficit over
either the period of the total of fiscal years 2008 through
2013 or the period of the total of fiscal years 2008 through
2018.
(e) Trade.--The Chairman of the Senate Committee on the
Budget may revise the allocations, aggregates, and other
levels in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports
relating to trade agreements, preferences, sanctions,
enforcement, or customs, by the amounts provided in such
legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the
period of the total of fiscal years 2008 through 2018.
(f) Economic Relief for American Families.--The Chairman of
the Senate Committee on the Budget may revise the allocations
of a committee or committees, aggregates, and other
appropriate levels in this resolution for one or more bills,
joint resolutions, amendments, motions, or conference reports
which--
(1) reauthorizes the Temporary Assistance for Needy
Families supplemental grants or makes improvements to the
Temporary Assistance for Needy Families program, child
welfare programs, or the child support enforcement program;
(2) provides up to $5,000,000,000 for the child care
entitlement to States;
(3) provides up to $40,000,000 for the emergency food
assistance program established under the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7501 et seq.);
(4) improves the unemployment compensation program; or
(5) reauthorizes the trade adjustment assistance programs;

[[Page 4494]]

(2) County payments.--The Chairman of the Senate Committee
on the Budget may revise the allocations of a committee or
committees, aggregates, and other appropriate levels and
limits in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports that
provide for the reauthorization of the Secure Rural Schools
and Community Self-Determination Act of 2000 (Public Law 106-
393), make changes to the Payments in Lieu of Taxes Act of
1976 (Public Law 94-565), or both, by the amounts provided by
that legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the
period of the total of fiscal years 2008 through 2018.

SEC. 302. DEFICIT-NEUTRAL RESERVE FUND FOR IMPROVING
EDUCATION.

(a) Federal Pell Grant.--The Chairman of the Senate
Committee on the Budget may revise the aggregates,
allocations, and other appropriate levels in this resolution
for one or more bills, joint resolutions, amendments,
motions, or conference reports that would make higher
education more accessible or more affordable, which may
include increasing funding for the Federal Pell Grant program
or increasing Federal student loan limits, facilitate
modernization of school facilities through renovation or
construction bonds, reduce the cost of teachers' out-of-
pocket expenses for school supplies, or provide tax
incentives for highly-qualified teachers to serve in high-
needs schools, by the amounts provided in such legislation
for those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2008 through 2013 or the period of the total of
fiscal years 2008 through 2018. The legislation may include
tax benefits and other revenue provisions.
(b) Improving Education.--The Chairman of the Senate
Committee on the Budget may revise the allocations of a
committee or committees, aggregates, and other levels and
limits in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports that
would improve student achievement during secondary education,
including middle school completion, high school graduation
and preparing students for higher education and the
workforce, by the amounts provided in such legislation for
such purpose, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2008 through 2013 or the period of the total of
fiscal years 2008 through 2018.

SEC. 303. DEFICIT-NEUTRAL RESERVE FUND FOR INVESTMENTS IN
AMERICA'S INFRASTRUCTURE.

The Chairman of the Senate Committee on the Budget may
revise the aggregates, allocations, and other appropriate
levels and limits in this resolution for one or more bills,
joint resolutions, amendments, motions, or conference reports
that provide for a robust federal investment in America's
infrastructure, which may include projects for transit, rail
(including high-speed passenger rail), airport, seaport,
public housing, energy, water, highway, bridge, or other
infrastructure projects, by the amounts provided in that
legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the
period of the total of fiscal years 2008 through 2018.

SEC. 304. DEFICIT-NEUTRAL RESERVE FUND TO INVEST IN CLEAN
ENERGY, PRESERVE THE ENVIRONMENT, AND PROVIDE
FOR CERTAIN SETTLEMENTS.

(a) Energy and the Environment.--The Chairman of the Senate
Committee on the Budget may revise the allocations of a
committee or committees, aggregates, and other levels and
limits in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports that
would decrease greenhouse gas emissions, reduce our Nation's
dependence on imported energy, produce green jobs, or
preserve or protect national parks, oceans, or coastal areas,
by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase
the deficit over either the period of the total of fiscal
years 2008 through 2013 or the period of the total of fiscal
years 2008 through 2018. The legislation may include tax
legislation such as a proposal to extend for 5 years energy
tax incentives like the production tax credit for electricity
produced from renewable resources, the biodiesel production
tax credit, or the Clean Renewable Energy Bond program, to
provide a tax credit for clean burning wood stoves, a tax
credit for production of cellulosic ethanol, a tax credit for
plug-in hybrid vehicles, or provisions to encourage energy
efficient buildings, products, and power plants. Tax
legislation under this section may be paid for by adjustments
to sections 167(h)(1) of the Internal Revenue Code of 1986 as
it relates to integrated oil companies.
(b) Settlements.--The Chairman of the Senate Committee on
the Budget may revise the allocations of a committee or
committees, aggregates, and other appropriate levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that would fulfill
the purposes of the San Joaquin River Restoration Settlement
Act or implement a Navajo Nation water rights settlement and
other provisions authorized by the Northwestern New Mexico
Rural Water Projects Act, by the amounts provided by that
legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the
period of the total of fiscal years 2008 through 2018.

SEC. 305. DEFICIT-NEUTRAL RESERVE FUND FOR AMERICA'S VETERANS
AND WOUNDED SERVICEMEMBERS AND FOR A POST 9/11
GI BILL.

(a) Veterans and Wounded Servicemembers.--The Chairman of
the Senate Committee on the Budget may revise the allocations
of a committee or committees, aggregates, and other
appropriate levels in this resolution for one or more bills,
joint resolutions, amendments, motions, or conference reports
which would--
(1) enhance medical care, disability evaluations, or
disability benefits for wounded or disabled military
personnel or veterans;
(2) provide for or increase benefits to Filipino veterans
of World War II, their survivors and dependents;
(3) allow for the transfer of education benefits from
servicemembers to family members or veterans (including the
elimination of the offset between Survivor Benefit Plan
annuities and veterans' dependency and indemnity
compensation);
(4) providing for the continuing payment to members of the
Armed Forces who are retired or separated from the Armed
Forces due to a combat-related injury after September 11,
2001, of bonuses that such members were entitled to before
the retirement or separation and would continue to be
entitled to such members were not retired or separated; or
(5) enhance programs and activities to increase the
availability of health care and other veterans services for
veterans living in rural areas;

by the amounts provided in such legislation for those
purposes, provided that such legislation does not include
increased fees charged to veterans for pharmacy co-payments,
annual enrollment, or third-party insurance payment offsets,
and further provided that such legislation would not increase
the deficit over either the period of the total of fiscal
years 2008 through 2013 or the period of the total of fiscal
years 2008 through 2018.
(b) Post 9/11 GI Bill.--The Chairman of the Senate
Committee on the Budget may revise the allocations of a
committee or committees, aggregates, and other appropriate
levels in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports which
would enhance educational benefits of service members and
veterans with service on active duty in the Armed Forces on
or after September 11, 2001, by the amounts provided in such
legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the
period of the total of fiscal years 2008 through 2018.

SEC. 306. DEFICIT-NEUTRAL RESERVE FUND TO IMPROVE AMERICA'S
HEALTH.

(a) SCHIP.--The Chairman of the Senate Committee on the
Budget may revise the allocations, aggregates, and other
appropriate levels in this resolution for a bill, joint
resolution, amendment, motion, or conference report that
provides up to $50,000,000,000 in outlays over the period of
the total of fiscal years 2008 through 2013 for
reauthorization of SCHIP, if such legislation maintains
coverage for those currently enrolled in SCHIP, continues
efforts to enroll uninsured children who are already eligible
for SCHIP or Medicaid but are not enrolled, or supports
States in their efforts to move forward in covering more
children or pregnant women, by the amounts provided in that
legislation for those purposes, provided that the outlay
adjustment shall not exceed $50,000,000,000 in outlays over
the period of the total of fiscal years 2008 through 2013,
and provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2008 through 2013 or the period of the total of fiscal years
2008 through 2018.
(b) Medicare Improvements.--
(1) Physician payments.--The Chairman of the Senate
Committee on the Budget may revise the aggregates,
allocations, and other appropriate levels in this resolution
for a bill, joint resolution, amendment, motion, or
conference report that increases the reimbursement rate for
physician services under section 1848(d) of the Social
Security Act and that includes financial incentives for
physicians to improve the quality and efficiency of items and
services furnished to Medicare beneficiaries through the use
of consensus-based quality measures, by the amounts provided
in such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the
period of the total of fiscal years 2008 through 2018.
(2) Other improvements to medicare.--The Chairman of the
Senate Committee on the Budget may revise the aggregates,
allocations, and other appropriate levels in this

[[Page 4495]]

resolution for a bill, joint resolution, amendment, motion,
or conference report that makes improvements to the Medicare
program, which may include improvements to the prescription
drug benefit under Medicare Part D, adjustments to the
Medicare Savings Program, and reductions in beneficiary cost-
sharing for preventive benefits under Medicare Part B, or
measures to encourage physicians to train in primary care
residencies and attract more physicians and other health care
providers to States that face a shortage of health care
providers, by the amounts provided in such legislation for
those purposes up to $10,000,000,000, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the
period of the total of fiscal years 2008 through 2018.
(3) Electronic prescribing.--The Chairman of the Senate
Committee on the Budget may revise the allocations,
aggregates, and other levels in this resolution for one or
more bills, joint resolutions, amendments, motions, or
conference reports that promote the deployment and use of
electronic prescribing technologies through financial
incentives, including grants and bonus payments, and
potential adjustments in the Medicare reimbursement
mechanisms for physicians, by the amounts provided in such
legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the
period of the total of fiscal years 2008 through 2018.
(4) Rural equity payment policies.--The Chairman of the
Senate Committee on the Budget may revise the aggregates,
allocations, and other appropriate levels in this resolution
for a bill, joint resolution, amendment, motion, or
conference report that--
(A) preserves existing Medicare payment provisions
supporting America's rural health care delivery system; and
(B) promotes Medicare payment policies that increase access
to quality health care in isolated and underserved rural
areas,

by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase
the deficit over either the period of the total of fiscal
years 2008 through 2013 or the period of the total of fiscal
years 2008 through 2018.
(5) Medicare low-income programs.--The Chairman of the
Senate Committee on the Budget may revise the aggregates,
allocations, and other appropriate levels in this resolution
for a bill, joint resolution, amendment, motion, or
conference report that makes improvements to the Medicare
Savings Program and the Medicare part D low-income subsidy
program, which may include the provisions that--
(A) provide for an increase in the asset allowance under
the Medicare Part D low-income subsidy program so that
individuals with very limited incomes, but modest retirement
savings, can obtain the assistance that the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
was intended to deliver with respect to the payment of
premiums and cost-sharing under the Medicare part D
prescription drug benefit;
(B) provide for an update in the income and asset
allowances under the Medicare Savings Program and provide for
an annual inflationary adjustment for those allowances; and
(C) improve outreach and enrollment under the Medicare
Savings Program and the Medicare part D low-income subsidy
program to ensure that low-income senior citizens and other
low-income Medicare beneficiaries receive the low-income
assistance for which they are eligible in accordance with the
improvements provided for in such legislation,

by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase
the deficit over either the period of the total of fiscal
years 2008 through 2013 or the period of the total of fiscal
years 2008 through 2018.
(c) Health Care Quality, Effectiveness, Efficiency, and
Transparency.--
(1) Comparative effectiveness research.--The Chairman of
the Senate Committee on the Budget may revise the allocations
of a committee or committees, aggregates, and other
appropriate levels in this resolution for one or more bills,
joint resolutions, amendments, motions, or conference reports
that establish a new Federal or public-private initiative for
comparative effectiveness research, by the amounts provided
in such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the
period of the total of fiscal years 2008 through 2018.
(2) Improving the health care system.--The Chairman of the
Senate Committee on the Budget may revise the allocations,
aggregates, and other levels in this resolution for a bill,
joint resolution, motion, amendment, or conference report
that--
(A) creates a framework and parameters for the use of
Medicare data for the purpose of conducting research, public
reporting, and other activities to evaluate health care
safety, effectiveness, efficiency, quality, and resource
utilization in Federal programs and the private health care
system; and
(B) includes provisions to protect beneficiary privacy and
to prevent disclosure of proprietary or trade secret
information with respect to the transfer and use of such
data;

provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2008
through 2013 or the period of the total of fiscal 2008
through 2018.
(3) Health information technology and adherence to best
practices.--
(A) Health information technology.--The Chairman of the
Committee on the Budget of the Senate may revise the
allocations of a committee or committees, aggregates, and
other appropriate levels and limits in this resolution for 1
or more bills, joint resolutions, amendments, motions, or
conference reports that provide incentives or other support
for adoption of modern information technology, including
incentives or other supports for the adoption of electronic
prescribing technology, to improve quality and protect
privacy in health care, such as activities by the Department
of Defense and the Department of Veterans Affairs to
integrate their electronic health record data, by the amounts
provided in such legislation for that purpose, provided that
such legislation would not increase the deficit over either
the period of the total of fiscal years 2008 through 2013 or
the period of the total of fiscal years 2008 through 2018.
(B) Adherence to best practices.--The Chairman of the
Committee on the Budget of the Senate may revise the
allocations of a committee or committees, aggregates, and
other appropriate levels and limits in this resolution for 1
or more bills, joint resolutions, amendments, motions, or
conference reports that provide incentives for Medicare
providers or suppliers to comply with, where available and
medically appropriate, clinical protocols identified as best
practices, by the amounts provided in such legislation for
that purpose, provided in the Senate that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2008 through 2013 or the period of the
total of fiscal years 2008 through 2018.
(d) Food and Drug Administration.--
(1) Regulation.--The Chairman of the Senate Committee on
the Budget may revise the allocations, aggregates, and other
appropriate levels in this resolution for a bill, joint
resolution, motion, amendment, or conference report that
authorizes the Food and Drug Administration to regulate
products and assess user fees on manufacturers and importers
of those products to cover the cost of the Food and Drug
Administration's regulatory activities, by the amounts
provided in that legislation for those purposes, provided
that such legislation would not increase the deficit over
either the period of the total of fiscal years 2008 through
2013 or the period of the total of fiscal years 2008 through
2018.
(2) Drug importation.--The Chairman of the Senate Committee
on the Budget may revise the aggregates, allocations, and
other levels in this resolution for a bill, joint resolution,
motion, amendment, or conference report that permits the safe
importation of prescription drugs approved by the Food and
Drug Administration from a specified list of countries, by
the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2008
through 2013 or the period of the total of fiscal years 2008
through 2018.
(e) Medicaid.--
(1) Rules or administrative actions.--The Chairman of the
Senate Committee on the Budget may revise the allocations,
aggregates, and other appropriate levels in this resolution
for a bill, joint resolution, amendment, motion, or
conference report that includes provisions regarding the
final rule published on May 29, 2007, on pages 29748 through
29836 of volume 72, Federal Register (relating to parts 433,
447, and 457 of title 42, Code of Federal Regulations) or any
other rule or other administrative action that would affect
the Medicaid program or SCHIP in a similar manner, or place
restrictions on coverage of or payment for graduate medical
education, rehabilitation services, or school-based
administration, school-based transportation, or optional case
management services under title XIX of the Social Security
Act, or includes provisions regarding administrative guidance
issued in August 2007 affecting SCHIP or any other
administrative action that would affect SCHIP in a similar
manner, so long as no provision in such bill, joint
resolution, amendment, motion or conference report shall be
construed as prohibiting the Secretary of Health and Human
Services from promulgating or implementing any rule, action,
or guidance designed to prevent fraud and protect the
integrity of the Medicaid program or SCHIP or reduce
inappropriate spending under such programs, by the amounts
provided in that legislation for those purposes, provided
that such legislation would not increase the deficit over
either the total of the period of fiscal years 2008 through
2013 or the total of the period of fiscal years 2008 through
2018.
(2) Transitional medical assistance.--The Chairman of the
Senate Committee on the Budget may revise the allocations of
a committee or committees, aggregates, and other appropriate
levels in this resolution for one or more bills, joint
resolutions, amendments, motions or conference reports that
extend the Transitional Medical Assistance program, included
in title XIX of the

[[Page 4496]]

Social Security Act, by the amounts provided in such
legislation for those purposes, provided that such
legislation would not increase the deficit over either the
total of the period of fiscal years 2008 through 2013 or the
total of the period of fiscal years 2008 through 2018.
(f) Other Improvements in Health.--The Chairman of the
Senate Committee on the Budget may revise the allocations of
a committee or committees, aggregates, and other appropriate
levels in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports
which--
(1) make health insurance coverage more affordable or
available to small businesses and their employees, through
pooling arrangements that provide appropriate consumer
protections, and through reducing barriers to cafeteria
plans;
(2) improve health care, provide quality health insurance
for the uninsured and underinsured, and protect individuals
with current health coverage;
(3) reauthorize the special diabetes program for Indians
and the special diabetes programs for Type 1 diabetes;
(4) improve long-term care, enhance the safety and dignity
of patients, encourage appropriate use of institutional and
community-based care, promote quality care, or provide for
the cost-effective use of public resources; or
(5) provide parity between heath insurance coverage of
mental health benefits and benefits for medical and surgical
services, including parity in public programs;

SEC. 307. SENSE OF THE SENATE REGARDING MEDICAID
ADMINISTRATIVE REGULATIONS.

(a) Findings.--The Senate makes the following findings:
(1) The Medicaid program provides essential health care and
long-term care services to approximately 60,000,000 low-
income children, pregnant women, parents, individuals with
disabilities, and senior citizens. It is a Federal guarantee
that ensures the most vulnerable will have access to needed
medical services.
(2) Medicaid provides critical access to long-term care and
other services for the elderly and individuals living with
disabilities, and is the single largest provider of long-term
care services. Medicaid also pays for personal care and other
supportive services that are typically not provided by
private health insurance or Medicare, but are necessary to
enable individuals with spinal cord injuries, developmental
disabilities, neurological degenerative diseases, serious and
persistent mental illnesses, HIV/AIDS, and other chronic
conditions to remain in the community, to work, and to
maintain independence.
(3) Medicaid supplements the Medicare program for about
7,500,000 low-income elderly or disabled Medicare
beneficiaries, assisting them with their Medicare premiums
and co-insurance, wrap-around benefits, and the costs of
nursing home care that Medicare does not cover. The Medicaid
program spends over $100,000,000,000 on uncovered Medicare
services.
(4) Medicaid provides health insurance for more than one-
quarter of America's children and is the largest purchaser of
maternity care, paying for more than one-third of all the
births in the United States each year. Medicaid also provides
critical access to care for children with disabilities,
covering more than 70 percent of poor children with
disabilities.
(5) More than 21,000,000 women depend on Medicaid for their
health care. Women comprise the majority of seniors (64
percent) on Medicaid. Half of nonelderly women with permanent
mental or physical disabilities have health coverage through
Medicaid. Medicaid provides treatment for low-income women
diagnosed with breast or cervical cancer in every State.
(6) Medicaid is the Nation's largest source of payment for
mental health services, HIV/AIDS care, and care for children
with special needs. Much of this care is either not covered
by private insurance or limited in scope or duration.
Medicaid is also a critical source of funding for health care
for children in foster care and for health services in
schools.
(7) Medicaid funds help ensure access to care for all
Americans. Medicaid is the single largest source of revenue
for the Nation's safety net hospitals, health centers, and
nursing homes, and is critical to the ability of these
providers to adequately serve all Americans.
(8) Medicaid serves a major role in ensuring that the
number of Americans without health insurance, approximately
47,000,000 in 2006, is not substantially higher. The system
of Federal matching for State Medicaid expenditures ensures
that Federal funds will grow as State spending increases in
response to unmet needs, enabling Medicaid to help buffer the
drop in private coverage during recessions.
(9) The Bush Administration has issued several regulations
that shift Medicaid cost burdens onto States and put at risk
the continued availability of much-needed services. The
regulations relate to Federal payments to public providers,
and for graduate medical education, rehabilitation services,
school-based administration, school-based transportation,
optional case management services.
(b) Sense of the Senate.--It is the sense of the Senate
that administrative regulations should not--
(1) undermine the role the Medicaid program plays as a
critical component of the health care system of the United
States;
(2) cap Federal Medicaid spending, or otherwise shift
Medicaid cost burdens to State or local governments and their
taxpayers and health providers, forcing a reduction in access
to essential health services for low-income elderly
individuals, individuals with disabilities, and children and
families; or
(3) undermine the Federal guarantee of health insurance
coverage Medicaid provides, which would threaten not only the
health care safety net of the United States, but the entire
health care system.

SEC. 308. DEFICIT-NEUTRAL RESERVE FUND FOR JUDICIAL PAY AND
JUDGESHIPS.

SEC. 309. DEFICIT-NEUTRAL RESERVE FUND FOR REFORMING THE
ALTERNATIVE MINIMUM TAX FOR INDIVIDUALS.

SEC. 310. DEFICIT-NEUTRAL RESERVE FUND FOR REPEALING THE 1993
INCREASE IN THE INCOME TAX ON SOCIAL SECURITY
BENEFITS.

SEC. 311. DEFICIT-NEUTRAL RESERVE FUND TO IMPROVE ENERGY
EFFICIENCY AND PRODUCTION.

(a) In General.--Subject to subsection (b), the Chairman of
the Senate Committee on the Budget may revise the
allocations, aggregates, and other levels in this resolution
by the amounts provided by a bill, joint resolution,
amendment, motion, or conference report that would
encourage--
(1) consumers to replace old conventional wood stoves with
new clean wood, pellet, or corn stoves certified by the
Environmental Protection Agency;
(2) consumers to install smart electricity meters in homes
and businesses;
(3) the capture and storage of carbon dioxide emissions
from coal projects; and
(4) the development of oil and natural gas resources
beneath the outer Continental Shelf in areas not covered by a
Presidential or Congressional moratorium.
(b) Deficit Neutrality.--Subsection (a) applies only if the
legislation described in subsection (a) would not increase
the deficit over the period of the total of fiscal years 2008
through 2013 or the period of the total of fiscal years 2008
through 2018.

SEC. 312. DEFICIT-NEUTRAL RESERVE FUND FOR IMMIGRATION REFORM
AND ENFORCEMENT.

[[Page 4497]]

reports, by the amounts provided in such legislation for the
purposes described in paragraphs (1) through (7), that--
(1) provide for increased border security, enforcement of
immigration laws, greater staffing, and immigration reform
measures;
(2) increase criminal and civil penalties against employers
who hire undocumented immigrants;
(3) prohibit employers who hire undocumented immigrants
from receiving Federal contracts;
(4) provide funding for the enforcement of the employer
sanctions described in paragraphs (2) and (3) and other
employer sanctions for hiring undocumented immigrants;
(5) deploy an appropriate number of National Guard troops
to the southern or northern border of the United States
provided that--
(A) the Secretary of Defense certifies that the deployment
would not negatively impact the safety of American forces in
Iraq and Afghanistan; and
(B) the Governor of the National Guard's home State
certifies that the deployment would not have a negative
impact on the safety and security of that State;
(6) evaluate the Federal, State, and local prison
populations that are noncitizens in order to identify
removable criminal aliens; or
(7) implement the exit data portion of the US-VISIT entry
and exit data system at airports, seaports, and land ports of
entry.
(b) Limitation.--The authority under subsection (a) may not
be used unless the legislation described in subsection (a)
would not increase the deficit over--
(1) the total period comprised of fiscal years 2008 through
2013; or
(2) the total period comprised of fiscal years 2008 through
2018.

SEC. 313. DEFICIT-NEUTRAL RESERVE FUND FOR BORDER SECURITY,
IMMIGRATION ENFORCEMENT, AND CRIMINAL ALIEN
REMOVAL PROGRAMS.

(a) In General.--The Chairman of the Committee on the
Budget of the Senate may revise the allocations of 1 or more
committees, aggregates, and other appropriate levels in this
resolution by the amounts authorized to be appropriated for
the programs described in paragraphs (1) through (6) in 1 or
more bills, joint resolutions, amendments, motions, or
conference reports that funds border security, immigration
enforcement, and criminal alien removal programs, including
programs that--
(1) expand the zero tolerance prosecution policy for
illegal entry (commonly known as ``Operation Streamline'') to
all 20 border sectors;
(2) complete the 700 miles of pedestrian fencing required
under section 102(b)(1) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note);
(3) deploy up to 6,000 National Guard members to the
southern border of the United States;
(4) evaluate the 27 percent of the Federal, State, and
local prison populations who are noncitizens in order to
identify removable criminal aliens;
(5) train and reimburse State and local law enforcement
officers under Memorandums of Understanding entered into
under section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)); or
(6) implement the exit data portion of the US-VISIT entry
and exit data system at airports, seaports, and land ports of
entry.
(b) Limitation.--The authority under subsection (a) may not
be used unless the appropriations in the legislation
described in subsection (a) would not increase the deficit
over--
(1) the 6-year period comprised of fiscal years 2008
through 2013; or
(2) the 11-year period comprised of fiscal years 2008
through 2018.

SEC. 314. DEFICIT-NEUTRAL RESERVE FUND FOR SCIENCE PARKS.

SEC. 315. DEFICIT-NEUTRAL RESERVE FUND FOR 3-YEAR EXTENSION
OF PILOT PROGRAM FOR NATIONAL AND STATE
BACKGROUND CHECKS ON DIRECT PATIENT ACCESS
EMPLOYEES OF LONG-TERM CARE FACILITIES OR
PROVIDERS.

If the Senate Committee on Finance reports a bill or joint
resolution or an amendment is offered thereto or a conference
report is submitted thereon, that provides for a 3-year
extension of the pilot program for national and State
background checks on direct patient access employees of long-
term care facilities or providers under section 307 of the
Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (42 U.S.C. 1395aa note) and removes the limit on
the number of participating States under such pilot program,
the Chairman of the Senate Committee on the Budget may revise
the aggregates, allocations, and other appropriate levels in
this resolution by the amounts provided in such legislation
for those purposes up to $160,000,000, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2008 through 2013 or the
period of the total of fiscal years 2008 through 2018.

SEC. 316. DEFICIT-NEUTRAL RESERVE FUND FOR STUDYING THE
EFFECT OF COOPERATION WITH LOCAL LAW
ENFORCEMENT.

(a) In General.--The Chairman of the Committee on the
Budget of the Senate may revise the allocations of a
committee or committees, aggregates, and other levels in this
resolution for 1 or more bills, joint resolutions,
amendments, motions, or conference reports, by the amounts
provided in such legislation for the purposes described in
this subsection, that would require an assessment of the
impact of local ordinances that prohibit cooperation with the
Department of Homeland Security, with respect to--
(1) the effectiveness of law enforcement, success rates of
criminal prosecutions, reporting of criminal activity by
immigrant victims of crime, and level of public safety;
(2) changes in the number of reported incidents or
complaints of racial profiling; or
(3) wrongful detention of United States Citizens and Lawful
Permanent Residents.
(b) Limitation.--The authority under subsection (a) may not
be used unless the legislation described in subsection (a)
would not increase the deficit over--
(1) the total period comprised of fiscal years 2008 through
2013; or
(2) the total period comprised of fiscal years 2008 through
2018.

SEC. 317. DEFICIT-NEUTRAL RESERVE FUND TO TERMINATE
DEDUCTIONS FROM MINERAL REVENUE PAYMENTS TO
STATES.

(a) In General.--Subject to subsection (b), the Chairman of
the Senate Committee on the Budget may revise the
allocations, aggregates, and other levels in this resolution
by the amounts provided by a bill, joint resolution,
amendment, motion, or conference report that would terminate
the authority to deduct certain amounts from mineral revenues
payable to States under the second undesignated paragraph of
the matter under the heading ``administrative provisions''
under the heading ``Minerals Management Service'' of title I
of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2008 (Public Law 110-161; 121
Stat. 2109).
(b) Deficit Neutrality.--Subsection (a) applies only if the
legislation described in subsection (a) would not increase
the deficit over the period of the total of fiscal years 2008
through 2013 or the period of the total of fiscal years 2008
through 2018.

SEC. 318. DEFICIT-NEUTRAL RESERVE FUND FOR THE ESTABLISHMENT
OF STATE INTERNET SITES FOR THE DISCLOSURE OF
INFORMATION RELATING TO PAYMENTS MADE UNDER THE
STATE MEDICAID PROGRAM.

If the Senate Committee on Finance reports a bill or joint
resolution or an amendment is offered thereto or a conference
report is submitted thereon, that provides for States to
disclose, through a publicly accessible Internet site, each
hospital, nursing facility, outpatient surgery center,
intermediate care facility for the mentally retarded,
institution for mental diseases, or other institutional
provider that receives payment under the State Medicaid
program, the total amount paid to each such provider each
fiscal year, the number of patients treated by each such
provider, and the amount of dollars paid per patient to each
such provider, and provided that the Committee is within its
allocation as provided under section 302(a) of the
Congressional Budget Act of 1974, the Chairman of the Senate
Committee on the Budget may make the appropriate adjustments
in the allocations and aggregates to reflect such legislation
if any such measure would not increase the deficit over
either the total of the period of fiscal years 2008 through
2013 or the total of the period of fiscal years 2008 through
2018.

SEC. 319. DEFICIT-NEUTRAL RESERVE FUND FOR TRAUMATIC BRAIN
INJURY.

The Chairman of the Senate Committee on the Budget may
revise the allocations, aggregates, and other levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that provide at
least $9,000,000 for fiscal year 2009 to funds traumatic
brain injury programs under sections 393A, 393B, 1252, and
1253 of the Public Health Service Act, if such legislation
would not increase the deficit over either the period of the
total of fiscal years 2008 through 2013 or the period of the
total of fiscal years 2008 through 2018.

SEC. 320. DEFICIT-NEUTRAL RESERVE FUND TO IMPROVE ANIMAL
HEALTH AND DISEASE PROGRAM.

[[Page 4498]]

Policy Act of 1977 (7 U.S.C. 3195) is fully funded.
(b) Deficit Neutrality.--Subsection (a) applies only if the
legislation described in subsection (a) would not increase
the deficit over the period of the total of fiscal years 2008
through 2013 or the period of the total of fiscal years 2008
through 2018.

SEC. 321. DEFICIT-NEUTRAL RESERVE FUND FOR IMPLEMENTATION OF
YELLOW RIBBON REINTEGRATION PROGRAM FOR MEMBERS
OF THE NATIONAL GUARD AND RESERVE.

The Chairman of the Senate Committee on the Budget may
revise the aggregates, allocations, and other appropriate
levels in this resolution for one more bills, joint
resolutions, amendments, motions, or conference reports that
would provide for the implementation of the Yellow Ribbon
Reintegration Program for members of the National Guard and
Reserve under section 582 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181),
by the amounts provided in such legislation for that purpose,
provided that such legislation would not increase the deficit
over the total of the period of fiscal years 2008 through
2013.

SEC. 322. DEFICIT-NEUTRAL RESERVE FUND FOR REIMBURSING STATES
FOR THE COSTS OF HOUSING UNDOCUMENTED CRIMINAL
ALIENS.

The Chairman of the Committee on the Budget of the Senate
may revise the aggregates, allocations, and other appropriate
levels in this resolution for 1 or more bills, joint
resolutions, amendments, motions, or conference reports that
would reimburse States and units of local government for
costs incurred to house undocumented criminal aliens, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2008
through 2013 or the period of the total of fiscal years 2008
through 2018.

SEC. 323. DEFICIT-NEUTRAL RESERVE FUND FOR ACCELERATION OF
PHASED-IN ELIGIBILITY FOR CONCURRENT RECEIPT OF
BENEFITS.

The Chairman of the Senate Committee on the Budget may
revise the allocations, aggregates, and other appropriate
levels and limits in this resolution for a bill, joint
resolution, amendment, motion, or conference report that
provides for changing the date by which eligibility of
members of the Armed Forces for concurrent receipt of retired
pay and veterans' disability compensation under section 1414
of title 10, United States Code, is fully phased in from
December 31, 2013, to September 30, 2008, by the amounts
provided in that legislation for those purposes, provided
that such legislation would not increase the deficit over
either the period of the total of fiscal years 2008 through
2013 or the period of the total of fiscal years 2008 through
2018.

SEC. 324. DEFICIT-NEUTRAL RESERVE FUND FOR INCREASED USE OF
RECOVERY AUDITS.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other levels in this resolution for one or
more bills, joint resolutions, amendments, motions, or
conference reports that achieves savings by requiring that
agencies increase their use of recovery audits authorized
under subchapter VI of chapter 35 of title 31, United States
Code, (commonly referred to as the Erroneous Payments
Recovery Act of 2001) and uses such savings to reduce the
deficit, by the amounts provided in such legislation for such
purpose, provided that such legislation would not increase
the deficit over either the period of the total of fiscal
years 2008 through 2013 or the period of the total of fiscal
years 2008 through 2018.

SEC. 325. DEFICIT-NEUTRAL RESERVE FUND FOR FOOD SAFETY.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other levels in this resolution for one or
more bills, joint resolutions, amendments, motions, or
conference reports that would expand the level of Food and
Drug Administration and Department of Agriculture food safety
inspection services, develop risk-based approaches to the
inspection of domestic and imported food products, provide
for infrastructure and information technology systems to
enhance the safety of the food supply, expand scientific
capacity and training programs, invest in improved
surveillance and testing technologies, provide for foodborne
illness awareness and education programs, and enhance the
Food and Drug Administration's recall authority, by the
amounts provided in such legislation for such purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2008
through 2013 or the period of the total of fiscal years 2008
through 2018.

SEC. 326. DEFICIT-NEUTRAL RESERVE FUND FOR DEMONSTRATION
PROJECT REGARDING MEDICAID COVERAGE OF LOW-
INCOME HIV-INFECTED INDIVIDUALS.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution
for one or more bills, joint resolutions, amendments, motions
or conference reports that provide for a demonstration
project under which a State may apply under section 1115 of
the Social Security Act (42 U.S.C. 1315) to provide medical
assistance under a State Medicaid program to HIV-infected
individuals who are not eligible for medical assistance under
such program under section 1902(a)(10)(A)(i) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), by the amounts
provided in that legislation for those purposes, provided
that such legislation would not increase the deficit over
either the total of the period of fiscal years 2008 through
2013 or the total of the period of fiscal years 2008 through
2018.

SEC. 327. DEFICIT-NEUTRAL RESERVE FUND FOR REDUCING INCOME
THRESHOLD FOR REFUNDABLE CHILD TAX CREDIT TO
$10,000 WITH NO INFLATION ADJUSTMENT.

The Chairman of the Senate Committee on the Budget may
revise the allocations, aggregates, and other levels in this
resolution by the amounts provided by a bill, joint
resolution, amendment, motion, or conference report that
would reduce the income threshold for the refundable child
tax credit under section 24 of the Internal Revenue Code of
1986 to $10,000 for taxable years 2009 and 2010 with no
inflation adjustment, provided that such legislation would
not increase the deficit over either the period of the total
of fiscal years 2008 through 2013 or the period of the total
of fiscal years 2008 through 2018.

SEC. 328. SENSE OF THE SENATE REGARDING THE DIVERSION OF
FUNDS SET ASIDE FOR USPTO.

It is the sense of the Senate that none of the funds
recommended by this resolution, or appropriated or otherwise
made available under any other Act, to the United States
Patent and Trademark Office shall be diverted, redirected,
transferred, or used for any other purpose than for which
such funds were intended.

SEC. 329. DEFICIT-NEUTRAL RESERVE FUND FOR EDUCATION REFORM.

The Chairman of the Senate Committee on the Budget may
revise the aggregates, allocations, and other appropriate
levels in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports that
promote flexibility in existing Federal education programs,
restore State and local authority in education, ensure that
public schools are held accountable for results to parents
and the public, and prevent discrimination against
homeschoolers, by the amounts provided in such legislation
for those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2008 through 2013 or the period of the total of
fiscal years 2008 through 2018.

SEC. 330. DEFICIT-NEUTRAL RESERVE FUND FOR PROCESSING
NATURALIZATION APPLICATIONS.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other levels in this resolution for one or
more bills, joint resolutions, amendments, motions, or
conference reports that would provide for the adjudication of
name check and security clearances by October 1, 2008 by the
Federal Bureau of Investigations for individuals who have
submitted or submit applications for naturalization before
March 1, 2008 or provide for the adjudication of
applications, including the interviewing and swearing-in of
applicants, by October 1, 2008 by the Department of Homeland
Security/U.S. Citizenship and Immigration Services for
individuals who apply or have applied for naturalization
before March 1, 2008, by the amounts provided in such
legislation for such purpose, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2008 through 2013 or the period of the
total of fiscal years 2008 through 2018.

SEC. 331. DEFICIT-NEUTRAL RESERVE FUND FOR ACCESS TO QUALITY
AND AFFORDABLE HEALTH INSURANCE.

The Chairman of the Senate Committee on the Budget may
revise the allocations, aggregates, and other levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that--
(1) promotes choice and competition to drive down costs and
improve access to health care for all Americans without
increasing taxes;
(2) strengthens health care quality by promoting wellness
and empowering consumers with accurate and comprehensive
information on quality and cost;
(3) protects Americans' economic security from catastrophic
events by expanding insurance options and improving health
insurance portability; and
(4) promotes the advanced research and development of new
treatments and cures to enhance health care quality;

if such legislation would not increase the deficit over
either the period of the total of fiscal years 2008 through
2013 or the period of the total of fiscal years 2008 through
2018.

SEC. 332. DEFICIT-NEUTRAL RESERVE FUND FOR A 9/11 HEALTH
PROGRAM.

If the Chairman of the Senate Committee on Health,
Education, Labor, and Pensions reports out legislation to
establish a program, including medical monitoring and
treatment, addressing the adverse health impacts linked to
the September 11, 2001 attacks, and if the Committee on
Health, Education, Labor, and Pensions makes a finding

[[Page 4499]]

that previously spent World Trade Center Health Program funds
were used to provide screening, monitoring and treatment
services, and directly related program support, the Chairman
of the Senate Budget Committee may revise the aggregates,
allocations, and other appropriate levels in this resolution,
if such legislation would not increase the deficit over
either the period of the total of fiscal years 2008 through
2013 or the period of the total of fiscal years 2008 through
2018.

SEC. 333. DEFICIT-NEUTRAL RESERVE FUND TO BAN MEDICARE
ADVANTAGE AND PRESCRIPTION DRUG PLAN SALES AND
MARKETING ABUSES.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other levels in this resolution for one or
more bills, joint resolutions, amendments, motions, or
conference reports that would limit inappropriate or abusive
marketing tactics by private insurers and their agents
offering Medicare Advantage or Medicare prescription drug
plans by enacting any or all of the recommendations agreed to
by leaders of the health insurance industry on March 3, 2008,
including prohibitions on cold calling and telephone
solicitations for in-home sales appointments with Medicare
beneficiaries, free meals and inducements at sales events,
cross-selling of non-health products, and up-selling of
Medicare insurance products without prior consent of
beneficiaries, by the amounts provided in such legislation
for such purpose, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2008 through 2013 or the period of the total of
fiscal years 2008 through 2018.

SEC. 334. SENSE OF THE SENATE REGARDING EXTENDING THE
``MOVING TO WORK AGREEMENT'' BETWEEN THE
PHILADELPHIA HOUSING AUTHORITY AND THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
UNDER THE SAME TERMS AND CONDITIONS FOR A
PERIOD OF ONE YEAR.

(a) Findings.--The Senate makes the following findings:
(1) The current ``Moving to Work Agreement'' between the
Philadelphia Housing Authority and the U.S. Department of
Housing and Urban Development is set to expire on March 31,
2008.
(2) The Philadelphia Housing Authority has used this
agreement to leverage private and public resources to develop
mixed-income communities that address the needs of the very
poor while reshaping entire communities, and estimates that
it will lose $50,000,000 as a result of the agreement
expiring.
(3) The U.S. Department of Housing and Urban Development
has refused to grant Philadelphia Housing Authority a 1-year
extension of its current agreement under the same terms and
conditions.
(4) The U.S. Department of Housing and Urban Development
alleges that Philadelphia Housing Authority is in violation
of fair housing requirements.
(5) The Philadelphia Housing Authority denies this
assertion and is challenging the matter in Federal District
Court.
(6) That there is a suspicion of retaliation with regard to
the U.S. Department of Housing and Urban Development's
refusal to grant a one-year extension of Philadelphia Housing
Authorities current agreement under the same terms and
conditions.
(b) Sense of the Senate.--It is the sense of the Senate
that it was discovered that two senior level officials at the
U.S. Department of Housing and Urban Development had the
following email exchange, referring to Philadelphia Housing
Authority Executive Director Carl R. Greene--
(1) Then-Assistant Secretary for Public and Indian Housing
Orlando J. Cabrera wrote, ``Would you like me to make his
life less happy? If so, how?''
(2) Assistant Secretary for Fair Housing and Equal
Opportunity Kim Kendrick wrote, ``Take away all of his
Federal dollars?''
(3) Then-Assistant Secretary for Public and Indian Housing
Orlando J. Cabrera wrote, ``Let me look into that
possibility.''
(A) That these emails were the subject of questioning by
Senator Casey to U.S. Department of Housing and Urban
Development Secretary Alphonso Jackson at a March 12, 2008
hearing before the Senate Committee on Banking, Housing and
Urban Affairs; and by Senator Specter to Secretary Jackson at
a March 13, 2008 hearing before the Senate Appropriations
Subcommittee on Transportation, Housing and Urban Development
and Related Agencies.
(B) That the Philadelphia Housing Authority's allegation of
retaliation appears to be substantiated by these newly
discovered emails.
(C) That the expiration of the current agreement is
imminent and will negatively impact 84,000 low-income
residents of Philadelphia.
(4) It is the sense of the Senate that Philadelphia Housing
Authority should be granted a one-year extension of its
``Moving to Work Agreement'' with the U.S. Department of
Housing and Urban Development under the same terms and
conditions as the current agreement.

SEC. 335. SENSE OF THE SENATE REGARDING A BALANCED BUDGET
AMENDMENT TO THE CONSTITUTION OF THE UNITED
STATES.

(a) Findings.--The Senate finds that--
(1) On January 26, 1996, the House of Representatives
passed H.J. Res. 1, the Balanced Budget Amendment to the
Constitution of the United States, by the necessary two-
thirds majority (300-132);
(2) On June 6, 1996, the Senate fell three votes short of
the two-thirds majority vote needed to pass the Balanced
Budget Amendment; and
(3) Since the House of Representatives and Senate last
voted on the Balanced Budget Amendment, the debt held by the
public has grown from $3,700,000,000,000 to more than
$5,000,000,000,000.
(b) Sense of the Senate.--It is the sense of the Senate
that a Balanced Budget Amendment to the Constitution of the
United States should be voted on at earliest opportunity.

SEC. 336. SENSE OF THE SENATE REGARDING THE NEED FOR
COMPREHENSIVE LEGISLATION TO LEGALIZE THE
IMPORTATION OF PRESCRIPTION DRUGS FROM HIGHLY
INDUSTRIALIZED COUNTRIES WITH SAFE
PHARMACEUTICAL INFRASTRUCTURES.

(a) Findings.--The Senate makes the following findings:
(1) The United States is the world's largest market for
pharmaceuticals, yet consumers still pay the world's highest
prices.
(2) In 2000, Congress took action to legalize the
importation of prescription drugs from other countries by
United States wholesalers and pharmacists, and before such a
program can go into effect, the Secretary of Health and Human
Services (HHS) must certify that the program would have no
adverse impact on safety and that it would reduce costs for
American consumers.
(3) Since 2000, no Secretary of HHS has made the
certification required to permit the implementation of a
program for importation of prescription drugs.
(4) In July 2006, the Senate approved by a vote of 68-32 an
amendment to the Department of Homeland Security
Appropriations Act, 2007, that prohibits Customs and Border
Protection from preventing individuals not in the business of
importing prescription drugs from carrying them across the
border with Canada.
(5) In July 2007, the Senate adopted language similar to
the 2007 amendment in the Department of Homeland Security
Appropriations Act, 2008.
(6) In October 2007, the Senate adopted language in the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2008,
that prohibits anti-reimportation activities within HHS.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the leadership of the Senate should bring to the floor
for full debate in 2008 comprehensive legislation that
legalizes the importation of prescription drugs from highly
industrialized countries with safe pharmaceutical
infrastructures and creates a regulatory pathway to ensure
that such drugs are safe;
(2) such legislation should be given an up or down vote on
the floor of the Senate; and
(3) previous Senate approval of 3 amendments in support of
prescription drug importation shows the Senate's strong
support for passage of comprehensive importation legislation.

____________________

UNANIMOUS-CONSENT AGREEMENT--H.R. 3221

Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that at 2:15
p.m., Tuesday, April 1, the Senate proceed to the motion to reconsider
the vote by which cloture was not invoked on the motion to proceed to
H.R. 3221; that the motion to reconsider be agreed to; further, that
the time until 2:30 p.m. be equally divided and controlled between the
two leaders with the majority leader controlling the final 7\1/2\
minutes; that at 2:30 p.m, without further intervening action or
debate, the Senate proceed to vote on the motion to invoke cloture on
the motion to proceed to H.R. 3221.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

UNANIMOUS-CONSENT AGREEMENT--S. 1974

Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the order
of December 19, 2007, with respect to S. 1974, be vitiated and that S.
1974 remain at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

MAKING MAJORITY PARTY APPOINTMENTS FOR THE 110TH CONGRESS

Mr. WHITEHOUSE. I send a resolution to the desk and ask for its
immediate consideration.

[[Page 4500]]

The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:

A resolution (S. Res. 492) amending the majority party's
membership on the Select Committee on Ethics for the
remainder of the 110th Congress.

There being no objection, the Senate proceeded to consider the
resolution.
Mr. WHITEHOUSE. I ask unanimous consent that the resolution be agreed
to, and that the motion to reconsider be laid upon the table without
interviewing action.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 492) was agreed to, as follows:

S. Res. 492

____________________

WORLD WATER DAY

Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the
Foreign Relations Committee be discharged from further consideration of
S. Res. 478, and the Senate then proceed to its immediate
consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The legislative clerk read as follows:

A resolution (S. Res. 478) supporting the goals and ideals
of ``World Water Day.''

There being no objection, the Senate proceeded to consider the
resolution.
Mr. WHITEHOUSE. I ask unanimous consent that the resolution and
preamble be agreed to en bloc, the motions to reconsider be laid upon
the table en bloc, and any statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 478) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:

S. Res. 478

Whereas the United Nations General Assembly, via
resolution, has designated March 22 of each year as World
Water Day;
Whereas a person needs 4 to 5 liters of water per day to
survive;
Whereas a person can live weeks without food, but only days
without water;
Whereas every 15 seconds a child dies from a water-borne
disease;
Whereas, for children under age 5, water-borne diseases are
the leading cause of death;
Whereas millions of women and children spend several hours
a day collecting water from distant, often polluted sources;
Whereas every dollar spent on water and sanitation saves on
average $9 in costs averted and productivity gained;
Whereas, at any given time, \1/2\ of the world's hospital
beds are occupied by patients suffering from a water-borne
disease;
Whereas 88 percent of all diseases are caused by unsafe
drinking water, inadequate sanitation, and poor hygiene;
Whereas 1,100,000,000 (1 in 6) people lack access to an
improved water supply;
Whereas 2,600,000,000 people in the world lack access to
improved sanitation;
Whereas the global celebration of World Water Day is an
initiative that grew out of the 1992 United Nations
Conference on Environment and Development in Rio de Janeiro;
Whereas the participants in the 2002 World Summit on
Sustainable Development in Johannesburg, including the United
States, agreed to the Plan of Implementation which included
an agreement to work to reduce by \1/2\ from the baseline
year 1990 ``the proportion of people who are unable to reach
or to afford safe drinking water'', ``and the proportion of
people without access to basic sanitation'' by 2015; and
Whereas Congress passed and the President signed into law
the Senator Paul Simon Water for the Poor Act of 2005 (Public
Law 109-121), which was intended to ``elevate the role of
water and sanitation policy in the development of U.S.
foreign policy and improve the effectiveness of U.S. official
programs'': Now, therefore, be it
Resolved, That the Senate--
(1) supports the goals and ideals of ``World Water Day'';
(2) urges an increased effort and the investment of greater
resources by the Department of State, the United States
Agency for International Development, and all relevant
Federal departments and agencies toward providing sustainable
and equitable access to safe drinking water and sanitation
for the poor and the very poor; and
(3) encourages the people of the United States to observe
the week with appropriate activities that promote awareness
of the importance of access to clean water.

____________________

NATIONAL CEREBRAL PALSY AWARENESS DAY

Mr. WHITEHOUSE. I ask unanimous consent that the Judiciary Committee
be discharged from further consideration of S. Res. 484 and that the
Senate now proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The legislative clerk read as follows:

A resolution (S. Res. 484) designating March 25, 2008, as
``National Cerebral Palsy Awareness Day.''

There being no objection, the Senate proceeded to consider the
resolution.
Mr. WHITEHOUSE. I ask unanimous consent that the resolution be agreed
to, the preamble be agreed to, and the motions to reconsider be laid
upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 484) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:

S. Res. 484

Whereas cerebral palsy is any number of neurological
disorders that appear in infancy or early childhood and
permanently affect body movement and the muscle coordination
necessary to maintain balance and posture;
Whereas cerebral palsy is caused by damage to 1 or more
specific areas of the brain, usually occurring during fetal
development, before, during, or shortly after birth, or
during infancy;
Whereas the majority of children are born with cerebral
palsy, although it may not be detected until months or years
later;
Whereas 75 percent of individuals with cerebral palsy also
have 1 or more additional developmental disabilities
including epilepsy, intellectual disability, autism and
visual impairments, or blindness;
Whereas the Centers for Disease Control and Prevention
recently released information indicating an increase in the
prevalence of cerebral palsy and that the rate is now about 1
in 278 children;
Whereas 800,000 Americans are affected by cerebral palsy;
Whereas, while there is no current cure for cerebral palsy,
some treatment will often improve a child's capabilities and
scientists and researchers are hopeful that breakthroughs
will be forthcoming;
Whereas researchers across the Nation are conducting
important research projects involving cerebral palsy; and
Whereas the Senate is an institution that can raise
awareness in the general public and the medical community of
cerebral palsy: Now, therefore, be it
Resolved, That the Senate--
(1) designates March 25, 2008, as ``National Cerebral Palsy
Awareness Day'';
(2) recognizes that all people of the United States should
become more informed and aware of cerebral palsy; and
(3) respectfully requests the Secretary of the Senate to
transmit a copy of this resolution to Reaching for the Stars:
A Foundation of Hope for Children with Cerebral Palsy.

____________________

ORDERS FOR TUESDAY, APRIL 1, 2008

Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it stand in recess until 10 a.m.
tomorrow, April 1; that following the prayer and pledge, the Journal of
proceedings be approved to date, the time for the two leaders be
reserved for their use later in the day, and the Senate proceed to a
period of morning business until 12:30 p.m., with Senators permitted to
speak therein for up to 10 minutes each, with the time equally divided
and controlled between the two leaders or their designees; further, I
ask that at 12:30 p.m., the Senate recess until 2:15 p.m. to allow for
the weekly caucus luncheons.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

PROGRAM

Mr. WHITEHOUSE. As a reminder, at approximately 2:30 p.m. tomorrow,
the Senate will vote on the motion to invoke cloture on the motion to
proceed to H.R. 3221, the housing legislation.

____________________

RECESS UNTIL 10 A.M. TOMORROW

Mr. WHITEHOUSE. If there is no further business to come before the
Senate, I now ask unanimous consent that

[[Page 4501]]

it stand in recess under the previous order.
There being no objection, the Senate, at 5:39 p.m., recessed until
Tuesday, April 1, 2008, at 10 a.m.

____________________

NOMINATIONS

Executive nominations received by the Senate:

SECURITIES AND EXCHANGE COMMISSION

ELISSE WALTER, OF MARYLAND, TO BE A MEMBER OF THE
SECURITIES AND EXCHANGE COMMISSION FOR A TERM EXPIRING JUNE
5, 2012, VICE ANNETTE L. NAZARETH, TERM EXPIRED.
LUIS AGUILAR, OF GEORGIA, TO BE A MEMBER OF THE SECURITIES
AND EXCHANGE COMMISSION FOR THE REMAINDER OF THE TERM
EXPIRING JUNE 5, 2010, VICE ROEL C. CAMPOS, RESIGNED.

DEPARTMENT OF COMMERCE

CHRISTOPHER R. WALL, OF VIRGINIA, TO BE AN ASSISTANT
SECRETARY OF COMMERCE, VICE CHRISTOPHER A. PADILLA.
LILY FU CLAFFEE, OF ILLINOIS, TO BE GENERAL COUNSEL OF THE
DEPARTMENT OF COMMERCE, VICE JOHN J. SULLIVAN.

DEPARTMENT OF TRANSPORTATION

TYLER D. DUVALL, OF VIRGINIA, TO BE UNDER SECRETARY OF
TRANSPORTATION FOR POLICY, VICE JEFFREY SHANE, RESIGNED.

DEPARTMENT OF THE INTERIOR

KAMERAN L. ONLEY, OF WASHINGTON, TO BE AN ASSISTANT
SECRETARY OF THE INTERIOR, VICE MARK A. LIMBAUGH.

EXECUTIVE OFFICE OF THE PRESIDENT

A. ELLEN TERPSTRA, OF NEW YORK, TO BE CHIEF AGRICULTURAL
NEGOTIATOR, OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE,
WITH THE RANK OF AMBASSADOR, VICE RICHARD T. CROWDER.

INTER-AMERICAN DEVELOPMENT BANK

MIGUEL R. SAN JUAN, OF TEXAS, TO BE UNITED STATES EXECUTIVE
DIRECTOR OF THE INTER-AMERICAN DEVELOPMENT BANK FOR A TERM OF
THREE YEARS, VICE HECTOR E. MORALES, TERM EXPIRED.

DEPARTMENT OF STATE

PHILIP THOMAS REEKER, OF THE DISTRICT OF COLUMBIA, A CAREER
MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, TO
BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF MACEDONIA.
ROBERT STEPHEN BEECROFT, OF CALIFORNIA, A CAREER MEMBER OF
THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE HASHEMITE KINGDOM OF JORDAN.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

CONSTANCE S. BARKER, OF ALABAMA, TO BE A MEMBER OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR A TERM EXPIRING
JULY 1, 2011, VICE CARI M. DOMINGUEZ, RESIGNED.

NATIONAL COUNCIL ON DISABILITY

ANNE RADER, OF VIRGINIA, TO BE A MEMBER OF THE NATIONAL
COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2010.
(REAPPOINTMENT)
KATHERINE O. MCCARY, OF VIRGINIA, TO BE A MEMBER OF THE
NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER
17, 2009, VICE MILTON APONTE, TERM EXPIRED.
LISA MATTHEISS, OF TENNESSEE, TO BE A MEMBER OF THE
NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER
17, 2010. (REAPPOINTMENT)
JOHN H. HAGER, OF VIRGINIA, TO BE A MEMBER OF THE NATIONAL
COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2009,
VICE ROBERT DAVILA, TERM EXPIRED.
MARVIN G. FIFIELD, OF UTAH, TO BE A MEMBER OF THE NATIONAL
COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2011.
(REAPPOINTMENT)
MARVIN G. FIFIELD, OF UTAH, TO BE A MEMBER OF THE NATIONAL
COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2008,
VICE GRAHAM HILL, TERM EXPIRED.
KRISTEN COX, OF UTAH, TO BE A MEMBER OF THE NATIONAL
COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2009,
VICE LINDA WETTERS, TERM EXPIRED.
CHAD COLLEY, OF FLORIDA, TO BE A MEMBER OF THE NATIONAL
COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2010.
(REAPPOINTMENT)
VICTORIA RAY CARLSON, OF IOWA, TO BE A MEMBER OF THE
NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER
17, 2010. (REAPPOINTMENT)
TONY J. WILLIAMS, OF WASHINGTON, TO BE A MEMBER OF THE
NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER
17, 2009, VICE YOUNG WOO KANG, TERM EXPIRED.
JOHN R. VAUGHN, OF FLORIDA, TO BE A MEMBER OF THE NATIONAL
COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2010.
(REAPPOINTMENT)
RENEE L. TYREE, OF ARIZONA, TO BE A MEMBER OF THE NATIONAL
COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2009,
VICE KATHLEEN MARTINEZ, TERM EXPIRED.

EXECUTIVE OFFICE OF THE PRESIDENT

MICHAEL E. LEITER, OF THE DISTRICT OF COLUMBIA, TO BE
DIRECTOR OF THE NATIONAL COUNTERTERRORISM CENTER, OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE, VICE JOHN S. REDD,
RESIGNED.

IN THE AIR FORCE

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 624:

To be brigadier general

COLONEL WILLIAM J. BENDER
COLONEL BRYAN J. BENSON
COLONEL CHRISTOPHER C. BOGDAN
COLONEL DARRYL W. BURKE
COLONEL JOSEPH T. CALLAHAN III
COLONEL MICHAEL J. CAREY
COLONEL JOHN B. COOPER
COLONEL SAMUEL D. COX
COLONEL TERESA A. H. DJURIC
COLONEL CARLTON D. EVERHART II
COLONEL TERRENCE A. FEEHAN
COLONEL SAMUEL A. R. GREAVES
COLONEL RUSSELL J. HANDY
COLONEL SCOTT M. HANSON
COLONEL VERALINN JAMIESON
COLONEL JEFFREY G. LOFGREN
COLONEL EARL D. MATTHEWS
COLONEL KURT F. NEUBAUER
COLONEL ROBERT C. NOLAN II
COLONEL CRAIG S. OLSON
COLONEL JOHN R. RANCK, JR.
COLONEL DARRYL L. ROBERSON
COLONEL JEFFRY F. SMITH
COLONEL JOHN F. THOMPSON
COLONEL GREGORY J. TOUHILL
COLONEL THOMAS J. TRASK
COLONEL JOSEPH S. WARD, JR.
COLONEL SCOTT D. WEST
COLONEL TIMOTHY M. ZADALIS

IN THE ARMY

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be lieutenant general

BRIG. GEN. PATRICK J. O'REILLY

IN THE NAVY

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPTAIN DOUGLASS T. BIESEL
CAPTAIN BARRY L. BRUNER
CAPTAIN JERRY K. BURROUGHS
CAPTAIN JAMES D. CLOYD
CAPTAIN THOMAS A. CROPPER
CAPTAIN DENNIS E. FITZPATRICK
CAPTAIN MICHAEL T. FRANKEN
CAPTAIN BRADLEY R. GEHRKE
CAPTAIN ROBERT P. GIRRIER
CAPTAIN PAUL A. GROSKLAGS
CAPTAIN SINCLAIR M. HARRIS
CAPTAIN MARGARET D. KLEIN
CAPTAIN TERRY B. KRAFT
CAPTAIN PATRICK J. LORGE
CAPTAIN BRAIN L. LOSEY
CAPTAIN MICHAEL E. MCLAUGHLIN
CAPTAIN WILLIAM F. MORAN
CAPTAIN SAMUEL PEREZ, JR.
CAPTAIN JAMES J. SHANNON
CAPTAIN CLIFFORD S. SHARPE
CAPTAIN TROY M. SHOEMAKER
CAPTAIN DIXON R. SMITH
CAPTAIN ROBERT L. THOMAS, JR.
CAPTAIN DOUGLAS J. VENLET

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. DAVID F. BAUCOM
CAPT. VINCENT L. GRIFFITH

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. DAVID C. JOHNSON
CAPT. THOMAS J. MOORE

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. DONALD E. GADDIS
CAPT. MAUDE E. YOUNG

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. MICHAEL H. ANDERSON
CAPT. WILLIAM R. KISER

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. NORMAN R. HAYES

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. CYNTHIA A. COVELL

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. WILLIAM E. LEIGHER

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. ELIZABETH S. NIEMYER

IN THE AIR FORCE

THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE UNITED STATES
OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE
RESERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS
12203 AND 12212:

To be colonel

DAVID L. BABCOCK
DAVID P. BACZEWSKI
MARK B. BAHOSH
SUSAN L. BAILAR
JEFFREY A. BAILEY
STEVEN M. BALSER
SCOTT J. BARBERIDES
GREGORY O. BATES
KAREN K. BENCE
VERNON P. BENNETT
GRANT V. BERGGREN
SAMUEL W. BLACK
PAUL F. BLANZY
ALLEN D. BOLTON
AARON J. BOOHER
MARK A. BOWER
MICHAEL E. CHENEY
DANIEL B. CLARK
LLOYD D. COKER
PAMELA J. COMBS
GILBERTO CUEVASGERENA
MARK G. DAVIS
WILLIAM D. DEHAES
DONALD A. DELPORTO
WILLIAM D. DOCKERY, JR.
ANDREW J. DONNELLY
DANIEL G. EAGAN
HOWARD L. EISSLER
MICHAEL S. FARRELL
TODD A. FREESEMANN
DONALD A. FURLAND
GREGORY A. GARDNER
RANDY E. GREENWOOD
THOMAS W. GROSS
EDWARD J. GUNNING, JR.
PHILLIP W. GUY
SHANE A. HALBROOK
KATHLEEN M. HANCOX
JANET S. HANSON
FREDERIK G. HARTWIG
WARREN H. HURST, JR.
THOMAS W. JACKMAN, JR.
PAMELA A. JACKSON
CLIFFORD N. JAMES
GARY M. JAMES
DONALD L. JOHNSON
THOMAS J. KENNETT
PAUL K. KINGSLEY
STEVEN J. KONIE
THOMAS J. KRZYMINSKI
JILL A. LANNAN
ANTHONY M. LASURE
MARK J. LEINGANG
ROBERT L. LIENEMANN
ERIC W. LIND
JAMES V. LOCKE
WILLIAM J. LONG
CORY H. LYMAN
STEPHEN J. MAHER
MARK C. MALY
MICHAEL H. MANGEN
GERARD J. MANGIS III
ERIC W. MANN
STEPHEN E. MARKOVICH
FLORENCIO E. MARQUINEZ, JR.
SIDNEY N. MARTIN
MARK A. MCCAULEY

[[Page 4502]]

MARK MCGRATH
ROBERT J. MCGRATH, JR.
DEAN P. MCLAIN
MICHAEL A. MEYERS
DAVID J. MILES
DAVID H. MOLINARO
CHARLES S. MONROE
KERRY L. MUEHLENBECK
RANDALL D. MYERS
JACQUELINE A. NAVE
TREVOR O. NOEL
TIMOTHY J. OLSON
RICHARD C. OXNER, JR.
ROBERT PARK
THOMAS C. PATTON
RANDAL S. POPE
DOUGLAS N. PRESTON, JR.
DAISY RALDIRIS
CORY K. REID
WILLIAM B. RICHY
WADE D. RUPPER
CHRIS R. RYAN
BRADEN K. SAKAI
EDWARD A. SAULEY III
KEITH A. SCHELL
GREGORY N. SCHNULO
LUDWIG J. SCHUMACHER
GREG ANDREW SEMMEL
PETER J. SEPE
MARK SHEEHAN
RANDALL A. SPEAR, JR.
RONALD C. STAMPS
GREGORY E. STRICKLAND
CORY T. STROBEL
FRANCINE I. SWAN
ROSS A. SWEZEY
RENEE M. TATRO
KURT R. TEK
DAVID T. TENLEN
SAM E. THOMAS, JR.
KEVIN M. WALSH
MICHAEL P. WARD
STEVEN C. WARREN
BARTON W. WELKER
RONALD W. WILSON
WALTER R. WINGARD
ANDREW I. WOLKSTEIN
JORDAN A. WOMMACK
DEVIN R. WOODEN
ARTHUR P. WUNDER
WAYNE A. ZIMMET

IN THE ARMY

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS PERMANENT
PROFESSOR AT THE UNITED STATES MILITARY ACADEMY IN THE GRADE
INDICATED UNDER TITLE 10, U.S.C., SECTION 4333(B) AND
4336(A):

To be colonel

BARRY L. SHOOP

THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY JUDGE ADVOCATE
GENERAL'S CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND
3064:

To be major

BRIAN J. CHAPURAN

THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY VETERINARY
CORPS UNDER TITLE 10, U.S.C., SECTION 531 AND 3064:

To be major

GREGORY T. REPPAS

THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL
SPECIALIST CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND
3064:

To be major

VANESSA M. MEYER

THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY NURSE CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be major

THOMAS E. DURHAM
DANIEL P. MASSEY

THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO
THE GRADES INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be colonel

CHARLES L. GARBARINO

To be lieutenant colonel

CHARLES R. PATTAN

To be major

JUAN GARRASTEGUI

THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO
THE GRADES INDICATED IN THE UNITED STATES ARMY DENTAL CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be lieutenant colonel

MILTON M. ONG

To be major

MATTHEW S. MOWER

THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL SERVICE
CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be lieutenant colonel

CRAIG A. MYATT

in the navy

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant commander

AARON J. BEATTIE IV

THE FOLLOWING NAMED INDIVIDUALS FOR APPOINTMENT IN THE
GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10,
U.S.C., SECTION 531:

To be lieutenant commander

KRISTIAN E. LEWIS
MARK Y. LIU
LUTHER P. MARTIN

[[Page 4503]]

HOUSE OF REPRESENTATIVES--Monday, March 31, 2008

The House met at 2 p.m. and was called to order by the Speaker pro
tempore (Mrs. Jones of Ohio).

____________________

DESIGNATION OF THE SPEAKER PRO TEMPORE

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

Washington, DC,

March 31, 2008.
I hereby appoint the Honorable Stephanie Tubbs Jones to act
as Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.

____________________

PRAYER

The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
God ever faithful to Your promises, You invite us as a Nation to
place our trust in You. Be present to all the Members of the House of
Representatives as they gather for the spring session of the 110th
Congress of the United States of America.
Spring blossoms, baseball, fair weather, and many more young visitors
are signs of new life in the Nation's Capital. They bring surprising
goodness and renewed energy; and we are grateful. May the work of this
Congress protect and guide this Nation as it grows in stability, in
integrity, and greatness.
Lord, we truly believe that by Your Word, You can breathe forth
promise, and that the barren wood can bear fruit that will last now and
forever.
Amen.

____________________

THE JOURNAL

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

____________________

PLEDGE OF ALLEGIANCE

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

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

____________________

MESSAGE FROM THE SENATE

A message from the Senate by Ms. Curtis, one of its clerks, announced
that the Senate has agreed to a concurrent resolution of the following
title in which the concurrence of the House is requested:

S. Con. Res. 70. Concurrent Resolution setting forth the
congressional budget for the United States government for
fiscal year 2009 and including the appropriate budgetary
levels for fiscal years 2008 and 2010 through 2013.

____________________

GEORGIA SCHOOL FOR THE DEAF FOOTBALL TEAM

(Mr. GINGREY asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. GINGREY. Madam Speaker, I rise today to congratulate the Georgia
School for the Deaf's football team on winning the 2007 National Eight-
Man Deaf Prep Football Championship. It's located in the heart of Cave
Spring, Georgia, Floyd County, in my 11th District. The school has now
won three national football titles since it was established in 1846,
almost 160 years ago. This year's team finished the season with an
outstanding 7 and 1 record, and they defeated schools from six other
States.
Madam Speaker, the Tigers exhibited dedication, teamwork, and
perseverance all season long, and it certainly paid off. I want to
congratulate their Athletic Director and Head Football Coach, Erik
Whitworth; his Assistant Coaches, Sidney Sharp, David Conti, Eugene
Neal, B.B. Chubb, and Shawn Self, as well as the entire Tiger football
team on a great season. Four of the team members, Patrick Bryant, Andy
Sugg, Timothy Simmons, and Andrew Henderson were all selected as
members of the All American Deaf Football Team.
Madam Speaker, all of these athletes have brought much pride to
Georgia, to the School for the Deaf, and the entire State, and I ask
you to join me in celebrating their accomplishment.

____________________

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.

____________________

GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE SANCTUARIES
BOUNDARY MODIFICATION AND PROTECTION ACT

Mr. KENNEDY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1187) to expand the boundaries of the Gulf of the Farallones
National Marine Sanctuary and the Cordell Bank National Marine
Sanctuary, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1187

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 ``Gulf of the Farallones and
Cordell Bank National Marine Sanctuaries Boundary
Modification and Protection Act''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) The Gulf of the Farallones extends approximately 100
miles along the coast of Marin and Sonoma counties of
northern California. It includes approximately one-half of
California's nesting seabirds, rich benthic marine life on
hard-rock substrate, prolific fisheries, and substantial
concentrations of resident and seasonally migratory marine
mammals.
(2) Cordell Bank is adjacent to the Gulf of the Farallones
and is a submerged island with spectacular, unique, and
nationally significant marine environments.
(3) These marine environments have national and
international significance, exceed the biological
productivity of tropical rain forests, and support high
levels of biological diversity.
(4) These biological communities are easily susceptible to
damage from human activities, and must be properly conserved
for themselves and to protect the economic viability of their
contribution to national and regional economies.
(5) The Gulf of Farallones and Cordell Bank include some of
the Nation's richest fishing grounds, supporting important
commercial and recreational fisheries. These fisheries are
regulated by State and Federal fishery agencies and are
supported and fostered through protection of the waters and
habitats of Gulf of the Farallones National Marine Sanctuary
and Cordell Bank National Marine Sanctuary.
(6) The report of the Commission on Ocean Policy
established by Public Law 106-256 calls for comprehensive
protection for the most productive ocean environments and
recommends that they be managed as ecosystems.
(7) New scientific discoveries by the National Marine
Sanctuary Program support comprehensive protection for these
marine environments by broadening the geographic scope of the
existing Gulf of the Farallones National Marine Sanctuary and
the Cordell Bank National Marine Sanctuary.

[[Page 4504]]

(8) Cordell Bank is at the nexus of an ocean upwelling
system, which produces the highest biomass concentrations on
the west coast of the United States.

SEC. 3. POLICY AND PURPOSE.

(a) Policy.--It is the policy of the United States in this
Act to protect and preserve living and other resources of the
Gulf of the Farallones and Cordell Bank marine environments.
(b) Purpose.--The purposes of this Act are the following:
(1) To extend the boundaries of the Gulf of the Farallones
National Marine Sanctuary and the Cordell Bank National
Marine Sanctuary to the areas described in section 5.
(2) To strengthen the protections that apply in the
Sanctuaries.
(3) To educate and interpret for the public the ecological
value and national importance of those marine environments.
(4) To manage human uses of the Sanctuaries under this Act
and the National Marine Sanctuaries Act (16 U.S.C. 1431 et
seq.).
(c) Effect on Fishing Activities.--Nothing in this Act is
intended to alter any existing authorities regarding the
conduct and location of fishing activities in the
Sanctuaries.

SEC. 4. DEFINITIONS.

In this Act:
(1) Mariculture.--The term ``mariculture'' means the
propagation or rearing of aquatic organisms in controlled or
selected aquatic environments for any commercial,
recreational, or public purpose.
(2) Cordell bank nms.--The term ``Cordell Bank NMS'' means
the Cordell Bank National Marine Sanctuary.
(3) Farallones nms.--The term ``Farallones NMS'' means the
Gulf of the Farallones National Marine Sanctuary.
(4) Sanctuaries.--The term ``Sanctuaries'' means the Gulf
of the Farallones National Marine Sanctuary and the Cordell
Bank National Marine Sanctuary, as expanded by section 5.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.

SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY ADJUSTMENTS.

(a) Gulf of the Farallones.--
(1) Boundary adjustment.--The areas described in paragraph
(2) are added to the existing Gulf of the Farallones National
Marine Sanctuary described in part 922.80 of title 15, Code
of Federal Regulations.
(2) Areas included.--
(A) In general.--The areas referred to in paragraph (1)
consist of the following:
(i) All submerged lands and waters, including living marine
and other resources within and on those lands and waters,
from the mean high water line to the boundary described in
subparagraph (B).
(ii) The submerged lands and waters, including living
marine and other resources within those waters, within the
approximately two-square-nautical-mile portion of the Cordell
Bank NMS (as in effect immediately before the enactment of
this Act) that is located south of the area that is added to
Cordell Bank NMS by subsection (b)(2), which are transferred
to the Farallones NMS from the Cordell Bank NMS.
(B) Boundary described.--The boundary referred to in
subparagraph (A)(i) commences from the mean high water line
(MHWL) at 39.00000 degrees north in a westward direction
approximately 29 nautical miles (nm) to 39.00000 north,
124.33333 west. The boundary then extends in a southeasterly
direction to 38.30000 degrees north, 124.00000 degrees west,
approximately 44 nm westward of Bodega Head. The boundary
then extends eastward to the most northeastern corner of the
expanded Cordell Bank NMS at 38.30000 north, 123.20000
degrees west, approximately 6 nm miles westward of Bodega
Head. The boundary then extends in a southeasterly direction
to 38.26500 degrees north, 123.18166 degrees west at the
northwestern most point of the current Gulf of the Farallones
Boundary. The boundary then follows the current northern Gulf
of the Farallones NMS boundary in a northeasterly direction
to the MHWL near Bodega Head. The boundary then follows the
MHWL in a northeasterly direction to the commencement point
at the intersection of the MHWL and 39.00000 north.
Coordinates listed in this subparagraph are based on the
North American Datum 1983 and the geographic projection.
(b) Cordell Bank.--
(1) Boundary adjustment.--The area described in paragraph
(2) is added to the existing Cordell Bank National Marine
Sanctuary described in part 922.80 of title 15, Code of
Federal Regulations.
(2) Area included.--
(A) In general.--The area referred to in paragraph (1)
consists of all submerged lands and waters, including living
marine and other resources within those waters, within the
boundary described in subparagraph (B).
(B) Boundary.--The boundary referred to in subparagraph (A)
commences at the most northeastern point of the current
Cordell Bank NMS boundary at 38.26500 degrees north,
123.18166 degrees west and extends northwestward to 38.30000
degrees north, 123.20000 degrees west, approximately 6
nautical miles (nm) west of Bodega Head. The boundary then
extends westward to 38.30000 degrees north, 124.00000 degrees
west, approximately 44 nautical miles west of Bodega Head.
The boundary then turns southeastward and continues
approximately 34 nautical miles to 37.76687 degrees north,
123.75142 degrees west, and then approximately 15 nm eastward
to 37.76687 north, 123.42694 west at an intersection with the
current Cordell Bank NMS boundary. The boundary then follows
the current Cordell Bank NMS, which is coterminous with the
current Gulf of the Farallones boundary, in a northeasterly
and the northwesterly direction to its commencement point at
38.26500 degrees north, 123.18166 degrees west. Coordinates
listed in this subparagraph are based on NAD83 Datum and the
geographic projection.
(c) Inclusion in the System.--The areas included in the
Sanctuaries under subsections (a) and (b) shall be managed as
part of the National Marine Sanctuary System, established by
section 301(c) of the National Marine Sanctuaries Act (16
U.S.C. 1431(c)), in accordance with that Act.
(d) Updated NOAA Charts.--The Secretary shall--
(1) produce updated National Oceanic and Atmospheric
Administration nautical charts for the areas in which the
Sanctuaries are located; and
(2) include on those nautical charts the boundaries of the
Sanctuaries, as revised by this Act.
(e) Boundary Adjustments.--In producing revised nautical
charts as directed by subsection (d) and in describing the
boundaries in regulations issued by the Secretary, the
Secretary may make technical modifications to the boundaries
described in this section for clarity and ease of
identification, as appropriate.

SEC. 6. PROHIBITION OF OIL AND GAS LEASING AND PERMITTING.

No lease or permit may be issued that authorizes
exploration, development, production, or transporting by
pipeline of minerals or hydrocarbons within the Sanctuaries.

SEC. 7. MANAGEMENT PLANS AND REGULATIONS.

(a) Interim Plan.--The Secretary shall complete an interim
supplemental management plan for the Sanctuaries by not later
than 24 months after the date of enactment of this Act, that
focuses on management in the areas added to the Sanctuaries
under this Act. The Secretary shall ensure that the
supplemental plan does not weaken existing resource
protections.
(b) Revised Plans.--The Secretary shall issue a revised
comprehensive management plan for the Sanctuaries during the
first management review initiated after the date of the
enactment of this Act under section 304(e) of the National
Marine Sanctuaries Act (16 U.S.C. 1434(e)) for the
Sanctuaries, and issue such final regulations as may be
necessary.
(c) Application of Existing Regulations.--The regulations
for the Gulf of the Farallones National Marine Sanctuary (15
C.F.R. 922, subpart H) and the Cordell Bank National Marine
Sanctuary (15 C.F.R. 922, subpart K), including any changes
made as a result of a joint management plan review for the
Sanctuaries conducted pursuant to section 304(e) of the
National Marine Sanctuaries Act (16 U.S.C. 1434(e)), shall
apply to the areas added to each Sanctuary, respectively,
under section 5 until the Secretary modifies such regulations
in accordance with subsection (d) of this section.
(d) Revised Regulations.--
(1) In general.--The Secretary shall carry out an
assessment of necessary revisions to the regulations for the
Sanctuaries in a manner that ensures the protection of the
resources of the Sanctuaries consistent with the purposes and
policies of the National Marine Sanctuaries Act and the goals
and objectives for the new areas added to each sanctuary
under section 5 of this Act. The assessment and any
corresponding regulatory changes shall be complete within 24
months of the date of enactment of this Act.
(2) Regulation of specific activities.--In revising the
regulations for the Sanctuaries pursuant to this subsection,
the Secretary shall consider appropriate regulations for the
following activities:
(A) The deposit or release of introduced species.
(B) The alteration of stream and river drainage into the
Sanctuaries.
(C) Mariculture operations in the Sanctuaries.
(3) Considerations.--In revising the regulations for the
Sanctuaries pursuant to this subsection, the Secretary shall
consider exempting from further regulation under the National
Marine Sanctuaries Act and this Act discharges that are
permitted under a National Pollution Discharge Elimination
System permit in effect on the date of enactment of this Act,
or under a new or renewed National Pollution Discharge
Elimination System permit that does not increase pollution in
the Sanctuaries and that originates--
(A) in the Russian River Watershed outside the boundaries
of the Gulf of the Farallones National Marine Sanctuary; or
(B) from the Bodega Marine Laboratory.
(e) Contents of Plans.--Revisions to each comprehensive
management plan under this section shall, in addition to
matters required under section 304(a)(2) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1434(A)(2))--
(1) facilitate all appropriate public and private uses of
the national marine sanctuary to which each respective plan
applies consistent with the primary objective of sanctuary
resource protection;
(2) establish temporal and geographical zoning if necessary
to ensure protection of sanctuary resources;
(3) identify priority needs for research that will--
(A) improve management of the Sanctuaries;
(B) diminish threats to the health of the ecosystems in the
Sanctuaries; or
(C) fulfill both of subparagraphs (A) and (B);

[[Page 4505]]

(4) establish a long-term ecological monitoring program and
database, including the development and implementation of a
resource information system to disseminate information on the
Sanctuaries' ecosystem, history, culture, and management;
(5) identify alternative sources of funding needed to fully
implement the plan's provisions and supplement appropriations
under section 313 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1444);
(6) ensure coordination and cooperation between sanctuary
superintendents and other Federal, State, and local
authorities with jurisdiction over areas within or adjacent
to the Sanctuaries to deal with issues affecting the
Sanctuaries, including surface water run-off, stream and
river drainages, and navigation;
(7) in the case of revisions to the plan for the Farallones
NMS, promote cooperation with farmers and ranchers operating
in the watersheds adjacent to the Farallones NMS and
establish voluntary best management practices programs;
(8) promote cooperative and educational programs with
fishing vessel operators and crews operating in the waters of
the Sanctuaries, and, whenever possible, include individuals
who engage in fishing and their vessels in cooperative
research, assessment, and monitoring programs and educational
programs to promote sustainable fisheries, conservation of
resources, and navigational safety; and
(9) promote education and public awareness, among users of
the Sanctuaries, about the need for marine resource
conservation and safe navigation and marine transportation.
(f) Public Participation.--The Secretary shall provide for
participation by the general public in the revision of the
comprehensive management plans and relevant regulations under
this section.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary--
(1) $3,000,000 to carry out this Act for each of fiscal
years 2009 through 2013, other than for construction and
acquisition projects; and
(2) $3,500,000 for fiscal year 2009 and such sums as may be
necessary for each of fiscal years 2010 through 2013 for
construction and acquisition projects related to the
Sanctuaries.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Rhode Island (Mr. Kennedy) and the gentleman from Utah (Mr. Bishop)
each will control 20 minutes.
The Chair recognizes the gentleman from Rhode Island.

General Leave

Mr. KENNEDY. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Rhode Island?
There was no objection.
Mr. KENNEDY. Madam Speaker, I yield myself such time as I may
consume.
H.R. 1187, the Gulf of Farallones and Cordell Bank National Marine
Sanctuaries Boundary Modification and Protection Act was introduced by
our colleague from California (Ms. Woolsey) and is cosponsored by 51
additional Members. This bill would expand the Gulf of Farallones and
Cordell Bank National Marine Sanctuaries to protect and preserve an
additional 1,739 square nautical miles to the marine environment due
north and west of the existing sanctuaries. These additions would
protect virtually the entire upwelling region, which is critical to the
ecosystem's productivity, particularly the health of many valuable
commercial and recreational fisheries in the area.
I ask Members on both sides to support the passage of this important
legislation.
I reserve the balance of my time.
Mr. BISHOP of Utah. I rise in opposition to this legislation. This
legislation would double the size of two of the marine sanctuaries off
the coast of California, adding approximately 1,200 square miles and
almost 100 miles of coastline, and with little or absolutely no public
comment. Moreover, this is happening at the very same time that the
management plans for the two sanctuaries are being reviewed by the
National Oceanic and Atmospheric Administration, or NOAA. NOAA could
have considered this expansion during the ongoing process, but it did
not because it considered the expansion to be complicated and something
that would require effort, analysis, and public input. This legislation
ignores the need for public comment on a very complicated expansion.
The entire intent of this legislation could be accomplished through
public process that already exists. But, unfortunately, Congress can't
wait to hear from the people. It is sad that the citizens of
California, who are most affected by this legislation, will not have
the opportunity to comment on this expansion in the normal statutory
public comment process.
Again, I reluctantly oppose this legislation.
I reserve the balance of my time.
Mr. KENNEDY. Well, I think that we should hear really from the person
most knowledgeable about this legislation, the author of this,
Representative Woolsey, to whom I now yield the balance of our time.
Ms. WOOLSEY. Thank you, Mr. Chairman and Mr. Ranking Member.
I would like to respond quickly to the ``no public review.'' This
bill has been subject to over 3 years of public review. It first faced
public scrutiny at a public hearing that I hosted in August of 2004, in
Sonoma County, was attended by the Director of the Marine Sanctuary
Program, marine scientists, fishermen, and a standing room-only crowd
of public who were interested.
It has been reviewed and endorsed by both the Sanctuary Advisory
Committees, the bodies who initiate sanctuary regulations; the
California Coastal Commission, the State Lands Commission, and the
Supervisors of Marin, Sonoma, San Francisco, and Mendocino Counties,
and many, many of our City Councils. All of these meetings were
noticed, all of them were open to public comment.
The bill also received a hearing before the Oceans Subcommittee, and
has gone through committee and subcommittee markup. So thank you for
bringing that up so I could clarify that, Mr. Ranking Member.
Madam Speaker, my district, just across the Golden Gate Bridge, north
of San Francisco, includes all of Marin and most of Sonoma Counties,
where we are blessed with many environmental treasures. In fact, it is
one of the most beautiful places on earth. I don't say that just
because I am the Congresswoman from that area. It is beautiful.
One of the reasons for this source of beauty and our great pride is
our pristine coastline and the Pacific Ocean that lies beyond it. An
area this unique must be protected by the full power of our
conservation laws.

{time} 1415

That is why I am pleased that H.R. 1187, the Gulf of the Farallones
and Cordell Bank National Marine Sanctuaries Boundary Modification and
Protection Act, is here before us today.
H.R. 1187 will expand the boundaries of two existing marine
sanctuaries in order to more fully protect a unique upwelling system,
which is one of only four in the world. This system provides a nutrient
rich environment for fish and all other types of marine life.
Upwelling is a process where deep, cold, nutrient-rich waters rise
into warmer waters, bringing with it an abundance of food to support a
variety of marine life. Actually this area is so special and it is so
productive that it comprises only 1 percent of the ocean, but produces
20 percent of the world's fish. This in turn supports 36 species of
marine mammals, including whales, elephant seals, sea lions, and other
seals.
But it is not only marine mammals who feast on the abundance of fish.
The waters off the Sonoma and Mendocino County coasts support fleets of
fishermen. That is why I worked so closely with the Pacific Coast
Federation of Fishing Associations, the PCFFA, in carefully crafting
this bill.
Fishermen have had a good relationship with the Gulf of the
Farallones and the Cordell Bank National Marine Sanctuary for over 20
years because they respect that good stewardship of our oceans produces
better catches. H.R. 1187 will serve to strengthen this partnership for
years and years to come.
Madam Speaker, H.R. 1187 is a well thought out, carefully crafted
bill that brings together diverse stakeholders, including the National
Oceanic and Atmospheric Administration, NOAA, the fishing industry,
State and local governments, conservation groups and marine scientists,
all who agree that these

[[Page 4506]]

proposed sanctuary areas are national treasures that absolutely deserve
protection.
As a mother and a grandmother, I want to see these treasures
protected for years to come so that my kids, so that my grandkids, and
so that their children and your children and your grandchildren will be
able to enjoy the same unspoiled coasts and clean waters that we enjoy
today.
Madam Speaker, I would like to thank Chairman Rahall, Ranking Member
Young and Chairwoman Bordallo for bringing my bill to the floor today.
I would like to thank Chairman Kennedy and Ranking Member Bishop, all
who have been part of reviewing and bringing H.R. 1187 to the floor. I
thank you all, and I urge my colleagues to support it.
Mr. BISHOP of Utah. Madam Speaker, it is certainly hopeful that with
the passage of this bill we will have faith in NOAA to administer this
territory, since we obviously with passage of this bill don't trust
them to evaluate or make recommendations.
Madam Speaker, I yield back the balance of my time.
Mr. KENNEDY. Madam Speaker, we don't have any more speakers, but
before closing I want to note that the chairwoman of the Subcommittee
on Fisheries, Wildlife and Oceans, Chairwoman Madeleine Bordallo, is
presently en route from Guam and wouldn't be able to be here for this,
but she does support passage of this bill. I just wanted to make note
of that.
Mr. FARR. Madam Speaker, I rise in support of H.R. 1187, the Gulf of
the Farallones and Cordell Bank National Marine Sanctuaries Boundary
Modification and Protection Act authored by my friend Representative
Woolsey.
I am proud to say that I represent the 2nd largest National Marine
Sanctuary in the system, which also includes the longest stretch of
coastline. I can attest to their value in preservation of some of the
most stunning seascapes in the world and in education of the public.
The Gulf of the Farallones and the Cordell Bank National Marine
Sanctuaries are adjacent to the Monterey Bay National Marine Sanctuary,
and they have national and international significance. These
sanctuaries exceed the biological productivity of tropical rain forests
and support high levels of biological diversity.
The sanctuaries were established ``to maintain the natural biological
communities in the national marine sanctuaries, and to protect, and,
where appropriate, restore and enhance natural habitats, populations,
and ecological processes.'' They are the ``National Parks'' of our
ocean. As such, they were the first application of ecosystem-based
management to our oceans. This type of management is recommended by the
U.S. Commission on Ocean Policy, which we in Congress created and
charged with the study of the state of the oceans and the management of
this shared, valuable resource.
The expansion of the boundaries of the Gulf of the Farrallones and
the Cordell Bank National Marine Sanctuaries will protect a vital part
of the California Coast and the upwelling zones, which form the basis
of the fisheries in the Pacific Ocean. Expanding these boundaries will
also help to preserve these exceptional underwater environments. We are
the stewards of our oceans and coasts, and we are failing them. The
oceans belong to all the people of the United States, and we must
protect them and manage them for everyone's best interest.
Madam Speaker, with our oceans in crisis, the Sanctuaries are a
beacon of hope for future generations. I support H.R. 1187 and urge my
colleagues to pass this bill.
Mr. KENNEDY. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Rhode Island (Mr. Kennedy) that the House suspend the
rules and pass the bill, H.R. 1187, 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 expand the
boundaries of the Gulf of the Farallones National Marine Sanctuary and
the Cordell Bank National Marine Sanctuary, and for other purposes.''.
A motion to reconsider was laid on the table.

____________________

NATIONAL INTEGRATED COASTAL AND OCEAN OBSERVATION ACT OF 2008

Mr. KENNEDY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2342) to direct the President to establish a National
Integrated Coastal and Ocean Observation System, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 2342

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

SECTION 1. ENHANCING CLIMATE CHANGE PREDICTIONS.

(a) Short Title.--This section may be cited as the
``National Integrated Coastal and Ocean Observation Act of
2008''.
(b) Purposes.--The purposes of this section are the
following:
(1) Establish a National Integrated Coastal and Ocean
Observation System comprised of Federal and non-Federal
components, coordinated at the national level by the National
Ocean Research Leadership Council and at the regional level
by a network of Regional Information Coordination Entities,
that includes in situ, remote, and other coastal and ocean
observations, technologies, and data management and
communication systems, to gather specific coastal and ocean
data variables and to ensure the timely dissemination and
availability of usable observation data--
(A) to support national defense, marine commerce, energy
production, scientific research, ecosystem-based marine and
coastal resource management, weather and marine forecasting,
public safety and public outreach training and education; and
(B) to promote greater public awareness and stewardship of
the Nation's ocean, coastal, and Great Lakes resources and
the general public welfare.
(2) Improve the Nation's capability to measure, track,
explain, and predict events related directly and indirectly
to weather and climate change, natural climate variability,
and interactions between the oceanic and atmospheric
environments, including the Great Lakes.
(3) Authorize activities to promote basic and applied
research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies,
modeling systems, and other scientific and technological
capabilities to improve our conceptual understanding of
weather and climate, ocean atmosphere dynamics, global
climate change, and physical, chemical, and biological
dynamics of the ocean and coastal and Great Lakes
environments.
(c) Definitions.--In this section:
(1) Council.--The term ``Council'' means the National Ocean
Research Leadership Council referred to in section 7902 of
title 10, United States Code.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Federal assets.--The term ``Federal assets'' means all
relevant nonclassified civilian coastal and ocean
observations, technologies, and related modeling, research,
data management, basic and applied technology research and
development, and public education and outreach programs, that
are managed by member agencies of the Council.
(4) Interagency working group.--The term ``Interagency
Working Group'' means the Interagency Working Group on Ocean
Observations as established by the U.S. Ocean Policy
Committee Subcommittee on Ocean Science and Technology
pursuant to Executive Order 13366 signed December 17, 2004.
(5) Non-federal assets.--The term ``non-Federal assets''
means all relevant coastal and ocean observations,
technologies, related basic and applied technology research
and development, and public education and outreach programs
that are integrated into the System and are managed through
States, regional organizations, universities, nongovernmental
organizations, or the private sector.
(6) Regional information coordination entities.--
(A) In general.--The term ``Regional Information
Coordination Entity'', subject to subparagraphs (B) and (C),
means an organizational body that is certified or established
by the lead Federal agency designated in subsection
(d)(3)(C)(iii) and coordinating State, Federal, local, and
private interests at a regional level with the responsibility
of engaging the private and public sectors in designing,
operating, and improving regional coastal and ocean observing
systems in order to ensure the provision of data and
information that meet the needs of user groups from the
respective regions.
(B) Included associations.--Such term includes Regional
Associations as described by the System Plan.
(C) Limitation.--Nothing in this section shall be construed
to invalidate existing certifications, contracts, or
agreements between Regional Associations and other elements
of the System.
(7) System.--The term ``System'' means the National
Integrated Coastal and Ocean Observation System established
under subsection (d).
(8) System plan.--The term ``System Plan'' means the plan
contained in the document entitled ``Ocean.US Publication No.
9, The First Integrated Ocean Observing System (IOOS)
Development Plan''.
(d) National Integrated Coastal and Ocean Observing
System.--

[[Page 4507]]

(1) Establishment.--The President, acting through the
Council, shall establish a National Integrated Coastal and
Ocean Observation System to fulfill the purposes set forth in
subsection (b) and the System plan and to fulfill the
Nation's international obligations to contribute to the
global earth observation system of systems and the global
ocean observing system.
(2) Support of purposes.--The head of each agency that is a
member of the Interagency Working Group shall support the
purposes of this section.
(3) Availability of data.--The head of each Federal agency
that has administrative jurisdiction over a Federal asset
shall make available data that are produced by that asset and
that are not otherwise restricted for integration,
management, and dissemination by the System.
(4) Enhancing administration and management.--The head of
each Federal agency that has administrative jurisdiction over
a Federal asset may take appropriate actions to enhance
internal agency administration and management to better
support, integrate, finance, and utilize observation data,
products, and services developed under this section to
further its own agency mission and responsibilities.
(5) Participation in regional information coordination
entity.--The head of each Federal agency that has
administrative jurisdiction over a Federal asset may
participate in regional information coordination entity
activities.
(6) Non-federal assets.--Non-Federal assets shall be
coordinated by the Interagency Working Group or by Regional
Information Coordination Entities.
(e) Policy Oversight, Administration, and Regional
Coordination.--
(1) National ocean research leadership council.--The
National Ocean Research Leadership Council shall be
responsible for establishing broad coordination and long-term
operations plans, policies, protocols, and standards for the
System consistent with the policies, goals, and objectives
contained in the System Plan, and coordination of the System
with other earth observing activities.
(2) Interagency working group.--The Interagency Working
Group shall, with respect to the System, be responsible for--
(A) implementation of operations plans and policies
developed by the Council;
(B) development of and transmittal to Congress at the time
of submission of the President's annual budget request an
annual coordinated, comprehensive System budget;
(C) identification of gaps in observation coverage or needs
for capital improvements of both Federal assets and non-
Federal assets;
(D) establishment of data management and communication
protocols and standards;
(E) establishment of required observation data variables;
(F) development of certification standards for all non-
Federal assets or Regional Information Coordination Entities
to be eligible for integration into the System;
(G) subject to the availability of appropriations,
establish through one or more participating Federal agencies,
in consultation with the System Advisory Committee
established under paragraph (5), a competitive matching grant
or other program to promote research and development of
innovative observation technologies including testing and
field trials; and
(H) periodically review and recommend to the Council
revisions to the System Plan.
(3) Lead federal agency.--The Administrator shall function
as the lead Federal agency for the System. The Administrator
may establish an Interagency Program Coordinating Office to
facilitate the Administrator's responsibilities as the lead
Federal agency for System oversight and management. The
Administrator shall--
(A) implement policies, protocols, and standards
established by the Council and delegated by the Interagency
Working Group;
(B) promulgate regulations to integrate the participation
of non-Federal assets into the System and enter into and
oversee contracts and agreements with Regional Information
Coordination Entities to effect this purpose;
(C) implement a competitive funding process for the purpose
of assigning contracts and agreements to Regional Information
Coordination Entities;
(D) certify or establish Regional Information Coordination
Entities to coordinate State, Federal, local, and private
interests at a regional level with the responsibility of
engaging private and public sectors in designing, operating,
and improving regional coastal and ocean observing systems in
order to ensure the provision of data and information that
meet the needs of user groups from the respective regions;
(E) formulate a process by which gaps in observation
coverage or needs for capital improvements of Federal assets
and non-Federal assets of the System can be identified by the
Regional Information Coordination Entities, the
Administrator, or other members of the System and transmitted
to the Interagency Working Group;
(F) be responsible for the coordination, storage,
management, and dissemination of observation data gathered
through the System to all end-user communities;
(G) implement a program of public education and outreach to
improve public awareness of global climate change and effects
on the ocean, coastal, and Great Lakes environment; and
(H) report annually to the Council through the Interagency
Working Group on the accomplishments, operational needs, and
performance of the System to achieve the purposes of this
title and the System Plan.
(4) Regional information coordination entity.--To be
certified or established under paragraph (3)(D), a Regional
Information Coordination Entity must be certified or
established by contract or agreement by the Administrator,
and must agree to--
(A) gather required System observation data and other
requirements specified under this section and the System
plan;
(B) identify gaps in observation coverage or needs for
capital improvements of Federal assets and non-Federal assets
of the System, and transmit such information to the
Interagency Working Group via the Administrator;
(C) demonstrate an organizational structure and strategic
operational plan to ensure the efficient and effective
administration of programs and assets to support daily data
observations for integration into the System;
(D) comply with all financial oversight requirements
established by the Administrator, including requirements
relating to audits; and
(E) demonstrate a capability to work with other
governmental and nongovernmental entities at all levels to
identify and provide information products of the System for
multiple users within the service area of the Regional
Information Coordination Entities and otherwise.
(5) System advisory committee.--
(A) In general.--The Administrator shall establish a System
Advisory Committee, which shall provide advice as may be
requested by the Administrator or the Interagency Working
Group.
(B) Purpose.--The purpose of the System Advisory Committee
is to advise the Administrator and the Interagency Working
Group on--
(i) administration, operation, management, and maintenance
of the System, including integration of Federal and non-
Federal assets and data management and communication aspects
of the System, and fulfillment of the purposes specified
under subsection (b);
(ii) expansion and periodic modernization and upgrade of
technology components of the System;
(iii) identification of end-user communities, their needs
for information provided by the System, and the System's
effectiveness in disseminating information to end-user
communities and the general public; and
(iv) any other purpose identified by the Administrator or
the Interagency Working Group.
(C) Members.--
(i) In general.--The System Advisory Committee shall be
composed of members appointed by the Administrator. Members
shall be qualified by education, training, and experience to
evaluate scientific and technical information related to the
design, operation, maintenance, or use of the System, or use
of data products provided through the System.
(ii) Terms of service.--Members shall be appointed for 3-
year terms, renewable once. A vacancy appointment shall be
for the remainder of the unexpired term of the vacancy, and
an individual so appointed may subsequently be appointed for
2 full 3-year terms if the remainder of the unexpired term is
less than one year.
(iii) Chairperson.--The Administrator shall designate a
chairperson from among the members of the System Advisory
Committee.
(iv) Appointment.--Members of the System Advisory Committee
shall be appointed as special Government employees for
purposes of section 202(a) of title 18, United States Code.
(D) Administrative provisions.--
(i) Reporting.--The System Advisory Committee shall report
to the Administrator and the Interagency Working Group, as
appropriate.
(ii) Administrative support.--The Administrator shall
provide administrative support to the System Advisory
Committee.
(iii) Meetings.--The System Advisory Committee shall meet
at least once each year, and at other times at the call of
the Administrator, the Interagency Working Group, or the
chairperson.
(iv) Compensation and expenses.--Members of the System
Advisory Committee shall not be compensated for service on
that Committee, but may be allowed travel expenses, including
per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(v) Expiration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the System
Advisory Committee.
(6) Civil liability.--For purposes of determining liability
arising from the dissemination and use of observation data
gathered pursuant to this section, any non-Federal asset or
Regional Information Coordination Entity that is certified
under paragraph (3)(D) and that is participating in the
System shall be considered to be part of the National Oceanic
and Atmospheric Administration. Any employee of such a non-
Federal asset or Regional Information Coordination Entity,
while operating within the scope of his or her employment in
carrying out the purposes of this section, with respect to
tort liability, is deemed to be an employee of the Federal
Government.
(f) Interagency Financing, Grants, Contracts, and
Agreements.--
(1) In general.--The member departments and agencies of the
Council, subject to the availability of appropriations, may
participate in interagency financing and share, transfer,
receive, obligate, and expend funds appropriated to any
member agency for the purposes of carrying out any
administrative or programmatic project or activity to further
the purposes of this section, including support for the
Interagency Working Group, the Interagency Coordinating
Program Office, a common infrastructure, and integration to
expand or otherwise enhance the System.

[[Page 4508]]

(2) Joint centers and agreements.--Member Departments and
agencies of the Council shall have the authority to create,
support, and maintain joint centers, and to enter into and
perform such contracts, leases, grants, and cooperative
agreements as may be necessary to carry out the purposes of
this section and fulfillment of the System Plan.
(g) Application With Other Laws.--Nothing in this section
supersedes or limits the authority of any agency to carry out
its responsibilities and missions under other laws.
(h) Report to Congress.--
(1) In general.--Not later than two years after the date of
enactment of this section, the Administrator through the
Council shall submit to Congress a report that describes the
status of the System and progress made to achieve the
purposes of this section and the goals identified under the
System Plan.
(2) Contents.--The report shall include discussion of the
following:
(A) Identification of Federal and non-Federal assets as
determined by the Council that have been integrated into the
System, including assets essential to the gathering of
required observation data variables necessary to meet the
respective missions of Council agencies.
(B) A review of procurements, planned or initiated, by each
Council agency to enhance, expand, or modernize the
observation capabilities and data products provided by the
System, including data management and communication
subsystems.
(C) An assessment regarding activities to integrate Federal
and non-Federal assets, nationally and on the regional level,
and discussion of the performance and effectiveness of
Regional Information Coordination Entities to coordinate
regional observation operations.
(D) An evaluation of progress made by the Council to
achieve the purposes of this section and the goals identified
under the System Plan.
(E) Recommendations for operational improvements to enhance
the efficiency, accuracy, and overall capability of the
System.
(3) Biennial update.--Two years after the transmittal of
the initial report prepared pursuant to this subsection and
biennially thereafter, the Administrator, through the
Council, shall submit to Congress an update of the initial
report.
(i) Public-Private Use Policy.--The Council shall develop a
policy within 6 months after the date of the enactment of
this section that defines processes for making decisions
about the roles of the Federal Government, the States,
Regional Information Coordination Entities, the academic
community, and the private sector in providing to end-user
communities environmental information, products,
technologies, and services related to the System. The Council
shall publish the policy in the Federal Register for public
comment for a period not less than 60 days. Nothing in this
subsection shall be construed to require changes in policy in
effect on the date of the enactment of this Act.
(j) Independent Cost Estimate.--The Interagency Working
Group, through the Administrator and the Director of the
National Science Foundation, shall obtain within one year
after the date of the enactment of this section an
independent cost estimate for operations and maintenance of
existing Federal assets of the System, and planned or
anticipated acquisition, operation, and maintenance of new
Federal assets for the System, including operation
facilities, observation equipment, modeling and software,
data management and communication, and other essential
components. The independent cost estimate shall be
transmitted unabridged and without revision by the
Administrator to Congress.
(k) Intent of Congress.--It is the intent of Congress that
funding provided to agencies of the Council to implement this
section shall supplement, and not replace, existing sources
of funding for other programs. It is the further intent of
Congress that agencies of the Council shall not enter into
contracts or agreements for the development or procurement of
new Federal assets for the System that are estimated to be in
excess of $250,000,000 in life-cycle costs without first
providing adequate notice to Congress and opportunity for
review and comment.

General Leave

House of Representatives, Committee on Science and
Technology,
Washington, DC, March 27, 2008.
Hon. Nick J. Rahall II,
Chairman, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Chairman Rahall: I write to you regarding H.R. 2342,
the ``National Integrated Coastal and Ocean Observation
Act.'' This legislation was initially referred to both the
Committee on Natural Resources and the Committee on Science
and Technology.
H.R. 2342 was marked up by the Committee on Natural
Resources on March 12, 2008. I recognize and appreciate your
desire to bring this legislation before the House in an
expeditious manner, and, accordingly, I will waive further
consideration of this bill in Committee. However, agreeing to
waive consideration of this bill should not be construed as
the Committee on Science and Technology waiving its
jurisdiction over H.R. 2342.
Further, I request your support for the appointment of
Science and Technology Committee conferees during any House-
Senate conference convened on this legislation. I also ask
that a copy of this letter and your response be placed in the
Congressional Record during consideration of this bill.
I look forward to working with you as we prepare to pass
this important legislation.
Sincerely,
Bart Gordon,
Chairman.
____

House of Representatives, Committee on Natural Resources,
Washington, DC, March 27, 2008.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, Washington,
DC.
Dear Mr. Chairman: Thank you for your willingness to allow
floor consideration of H.R. 2342, the National Integrated
Coastal and Ocean Observation Act, to proceed.
I appreciate your willingness to waive your Committee's
right to further consideration of H.R. 2342, even though your
Committee shares jurisdiction over the bill and has received
an additional referral. Of course, this waiver does not
prejudice any further jurisdictional claims by your Committee
over this legislation or similar language. Furthermore, I
agree to support your request for appointment of conferees
from the Committee on Science and Technology if a conference
is held on this matter.
As is customary, I will insert our two letters in the
Congressional Record as part of the consideration of H.R.
2342 on the House floor. Thank you for the cooperative spirit
in which you have worked regarding this matter and others
between our respective committees.
With warm regards, I am
Sincerely,
Nick J. Rahall II,
Chairman, Committee on Natural Resources.

Madam Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, there are currently many Federal and State agencies,
universities and private entities collecting ocean and coastal
observation data. H.R. 2342 will coordinate these efforts and create a
national integrated coastal and ocean observing system. The national
system will provide many benefits to the Nation by support weather,
marine forecasts, marine transportation, public safety, scientific
research, and public outreach and education activities.
Madam Speaker, I reserve the balance of my time.
Mr. KENNEDY. I would just say once again, Madam Speaker, we are in
the process as a Nation of taking an assessment of our coastal zones,
and in particularly in light of our energy needs, for our wind needs,
for the possibility of harnessing the oceans for purposes of energy in
our oceans, and, of course,

[[Page 4509]]

tabulating the effects of global warming. All of these things use data,
and those data points can certainly be drawn from the passage of
legislation like this that will integrate all of those data points
through a coastal and ocean observatory system.
I think we owe a great debt of gratitude to the author of this
legislation, Representative Allen, for the work that he put into
authoring it.
At this time, I would like yield such time as he may consume to the
gentleman from Maine (Mr. Allen).
Mr. ALLEN. I thank the gentleman for yielding.
Madam Speaker, I rise to express my support for H.R. 2342, the
National Integrated Coastal and Ocean Observation Act. I commend
Chairman Rahall and Chairwoman Bordallo of the Natural Resources
Committee for their leadership and foresight in supporting this
legislation to give us the tools we need to manage and protect our
marine resources and coastal communities. I also want to thank Mr.
Brown and Mr. Young for their work on this bill.
My legislation establishes a nationwide integrated ocean and coastal
observing system, based on the internationally acclaimed Gulf of Maine
Ocean Observing System, GoMOOS. That is the acronym, GoMOOS. GoMOOS was
developed by Maine oceanographers, and has improved safety for
fishermen and boaters, increased understanding of ocean weather and
helped forecast the effects of global climate change.
My legislation builds on the success of regional programs like GoMOOS
and will greatly enhance our knowledge about our oceans and their
resources and vastly improve our ability to manage them properly.
The U.S. Commission on Ocean Policy, Pew Oceans Commission, and the
Joint Ocean Commission Initiative have all established creation of a
comprehensive ocean observing system as a top priority. In fact,
Admiral James Watkins, Chair of the U.S. Commission on Ocean Policy and
Cochair of the Joint Oceans Commission Initiative, has testified that
an oceans observing system, and I quote, ``is probably the most
important single program. I think if it were to be implemented properly
and funded to the extent we have recommended in our report, it will be
one of the most important things we can do for future decision
making.''
Implementation of the Integrated Ocean Observing System will have a
myriad of positive impacts. Implementation will, one, improve
predictions of climate change and weather and their effects on coastal
communities, including impacts on water and energy management; two,
improve the safety and efficiency of marine operations; three, improve
national and homeland security, particularly within ports and the
Nation's heavily populated coastal regions; and, fourth, enable the
sustained use of ocean and coastal resources and better manage
fisheries.
In addition to monitoring and forecasting climate change, the Ocean
Observing System would protect coastal communities and economic
interests of oceangoing industries like shipping and commercial fishing
by improving warnings of tsunamis, hurricanes, coastal storms and other
natural hazards.
The Integrated Ocean Observing System is not just another combination
of data satellites and buoys. It has real-time and real life practical
applications. In the past, regional ocean systems have provided early
warnings of harmful algal blooms that can severely impact the shellfish
industry. Scientists use the regional system to target testing areas,
and managers use it to issue timely and necessary warnings to protect
public health. The Coast Guard is another frequent user. They look to
the system for critical information to aid in search and rescue
operations.
Fishermen have used Maine's Ocean Observing System for years for real
time information on sea conditions and weather. More observations
provide more data and allow fishermen to make informed and safe
decisions. I would just say in that context that I have had fishermen
in Maine tell me that whereas they used to be gambling on what the
weather might be 7 to 10 miles offshore, now they can look at their
computer, they can get real-time data from a buoy 7 miles offshore and
know whether or not it is safe to go out that distance.
Many elements of a national ocean observing system are already in
place, but currently they operate independently. Legislation is needed
to formally define the fiduciary, legal and oversight structure to
enable the integration of the disparate components of the ocean,
coastal and Great Lakes observing activities. Legislation authorizing
an integrated system will ensure the coordination and integration among
all the elements of a national system, both Federal and regional, and
would provide legal authority for sharing funds across Federal agencies
for implementing IOOS.
A national Integrated Ocean Observing system would enable managers at
all levels, local, regional and National, to make informed and timely
decisions to manage our ocean resources and protect our coastal
communities.
To summarize, what we are talking about is being able to get
information about our oceans in the same way and on the same scale that
today we get information about the atmosphere, and because of the
interconnection of what is happening in the atmosphere and what is
happening in the oceans, this will dramatically increase and expand our
understanding of both the atmosphere and the oceans. It is an important
piece of legislation.
I urge my colleagues to support this measure.
Mr. BISHOP of Utah. Madam Speaker, I yield back the balance of my
time.
Mr. KENNEDY. Madam Speaker, with no other speakers, I would just once
again conclude that Rhode Island looks forward to hosting this ocean
observatory system that the Representative from Maine has proposed, if
not objected to by the gentleman from Hawaii, another sea-going State.
Mr. FARR. Madam Speaker, I rise in support of H.R. 2342, the National
Integrated Coastal and Ocean Observing Systems Act authored by my
friend and fellow co-chair of the House Oceans Caucus, Representative
Allen.
The Integrated Ocean Observing System has the following goals: To
improve the safety and efficiency of marine operations; to more
effectively mitigate the effects of natural hazards; to improve
predictions of climate change and its effects on coastal populations:
to improve national security; to reduce public health risks; to more
effectively protect and restore healthy coastal marine ecosystems: and
to enable the sustained use of marine resources. This bill will
coordinate and manage the existing regional Ocean Observing Systems.
In my district, the Central and Northern California Ocean Observing
System has proven invaluable in understanding and managing the ocean.
The esoteric task of observing surface currents was indispensable in
reacting and responding to the Cosco Busan oil spill in the San
Francisco bay. The Central and Northern California Ocean Observing
System assisted in the spill tracking as well as using HF Radar systems
to provide real-time information on ocean currents to the response
teams. They also provided information to and continue to collaborate
with the NOAA Office of Response and Restoration, NOAA HAZMAT, NOAA
Sanctuaries, and the Oil Spill Prevention and Response program.
These systems are at the forefront of the science of understanding
harmful algal blooms, which affect human health and can cause fish
kills. Ocean observing systems aid in the study of waterborne diseases
and can provide vital information for navigation of ships and small
boats. They also have national security implications. This set of
Coordinated Regional Ocean Observing Systems will improve coastal
monitoring and assist the Coast Guard in their mission to secure our
waters and to provide search and rescue for those endangered at sea.
These Ocean Observing Systems are the foundation we need to apply
ecosystem-based management of our oceans. This type of management and
even this very system of National Integrated Ocean and Coastal
Observing Systems is recommended by the U.S. Commission on Ocean
Policy, which we in Congress created. The Joint Ocean Commission
Initiative, created to continue to advise Congress on the Ocean
Commission's suggestions, lists this as one of their chief priorities.
I cannot emphasize enough the need to show our ocean stewardship now,
so we can

[[Page 4510]]

turn the tide on the dire consequences facing our oceans and Great
Lakes. The oceans and the Great Lakes belong to all the people of the
United States and it is our duty to ensure that we provide the
coordination and the funding necessary to protect these precious
resources. This is why I support H.R. 2342 which will re-align and
coordinate the existing Ocean Observing Systems.
Madam Speaker, the effects of climate change on the ocean are just
beginning to be understood, while the ocean's impact on the growing
coastal population increases daily. We need the Ocean Observing Systems
in order to understand and respond to the challenges we are facing. I
strongly support H.R. 2342 and urge my colleagues to pass this bill.
Mr. KENNEDY. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Rhode Island (Mr. Kennedy) that the House suspend the
rules and pass the bill, H.R. 2342, 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} 1430
CAPTIVE WILDLIFE SAFETY TECHNICAL AMENDMENTS ACT OF 2008

Mr. ABERCROMBIE. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 4933) to amend the Lacey Act Amendments of 1981 to
protect captive wildlife and to make technical corrections, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 4933

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 ``Captive Wildlife Safety
Technical Amendments Act of 2008''.

SEC. 2. CAPTIVE WILDLIFE SAFETY AMENDMENTS.

(a) Prohibited Acts.--Section 3 of the Lacey Act Amendments
of 1981 (16 U.S.C. 3372) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``or'' after the
semicolon;
(B) in subparagraph (B), by striking ``; or'' and inserting
a semicolon; and
(C) by striking subparagraph (C); and
(2) in subsection (e)--
(A) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (5), and (6) respectively; and
(B) by striking ``(e)'' and all that follows through
``Subsection (a)(2)(C)'' in paragraph (1) and inserting the
following:
``(e) Captive Wildlife Offenses.--
``(1) In general.--It is unlawful for any person--
``(A) to import, export, transport, sell, receive, acquire,
or purchase in interstate or foreign commerce any live animal
of any prohibited wildlife species; or
``(B) to attempt to commit any act described in
subparagraph (A).
``(2) Nonapplicability.--This subsection'';
(C) in paragraph (2) (as redesignated by subparagraph
(A))--
(i) by striking ``a'' before ``prohibited'' and inserting
``any'';
(ii) by striking ``(3)'' and inserting ``(4)''; and
(iii) by striking ``(2)'' and inserting ``(3)'';
(D) in paragraph (3) (as redesignated by subparagraph
(A))--
(i) in subparagraph (C)--

(I) in clauses (ii) and (iii), by striking ``animals listed
in section 2(g)'' each place it appears and inserting
``prohibited wildlife species''; and
(II) in clause (iv), by striking ``animals'' and inserting
``prohibited wildlife species''; and

(ii) in subparagraph (D)--

(I) by striking ``the animal'' the first place it appears
and inserting ``an animal of any prohibited wildlife
species''; and
(II) by striking ``the animal'' the second place it appears
and inserting ``that animal'';

(E) in paragraph (4) (as redesignated by subparagraph (A)),
by striking ``(2)'' and inserting ``(3)'';
(F) in paragraph (6) (as redesignated by subparagraph
(A))--
(i) by striking ``subsection (a)(2)(C)'' and inserting
``this subsection''; and
(ii) by striking ``fiscal years 2004 through 2008'' and
inserting ``fiscal years 2009 through 2013''; and
(G) by inserting after paragraph (6) (as redesignated by
subparagraph (A)) the following:
``(7) Application.--This subsection shall apply beginning
on the effective date of regulations promulgated under this
subsection.''.
(b) Civil Penalties.--Section 4(a) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3373(a)) is amended--
(1) in paragraph (1), by striking ``subsections (b) and
(d)'' and inserting ``subsections (b), (d), and (e)''; and
(2) in paragraph (1), by striking ``section 3(d)'' and
inserting ``subsection (d) or (e) of section 3''.
(c) Criminal Penalties.--Section 4(d) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraphs (1)(A) and (1)(B) and in the first
sentence of paragraph (2), by striking ``subsections (b) and
(d)'' each place it appears and inserting ``subsections (b),
(d), and (e)''; and
(2) in paragraph (3), by striking ``section 3(d)'' and
inserting ``subsection (d) or (e) of section 3''.
(d) Correction of Prior Amendment.--
(1) Correction.--Section 102(c) of Public Law 100-653 (102
Stat. 3826) is amended by striking ``section 3(b)'' and
inserting ``subsection 3(b)''.
(2) Effective date.--This subsection shall take effect upon
enactment of Public Law 100-653.

SEC. 3. APPLICABILITY PROVISION AMENDMENT.

Section 3 of the Captive Wildlife Safety Act (117 Stat.
2871; Public Law 108-191) is amended--
(1) in subsection (a), by striking ``(a) In General.--
Section 3'' and inserting ``Section 3''; and
(2) by striking subsection (b).

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Hawaii (Mr. Abercrombie) and the gentleman from Utah (Mr. Bishop) each
will control 20 minutes.
The Chair recognizes the gentleman from Hawaii.

General Leave

[[Page 4511]]

Mr. BISHOP of Utah. I appreciate those kind words, and I will try to
be as introspective as I possibly can here.
Public Law 108-191 made it illegal to buy, sell, or trade certain
large exotic cats in interstate or foreign commerce. These include
cheetahs, cougars, jaguars, leopards, lions, tigers, and bears, oh my.
The measure did not ban the private ownership of these cats, and
specific exemptions were provided for qualified aquariums, circuses,
sanctuaries, and zoos.
In the 5 years that this law has been enacted, the U.S. Fish and
Wildlife Service has been unable to prosecute anyone because of
drafting deficiencies; so, I would urge an ``aye'' vote on H.R. 4933.
I yield back the balance of my time.
Mr. ABERCROMBIE. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Abercrombie) that the House suspend the
rules and pass the bill, H.R. 4933, 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.

____________________

HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS OF 2008

Mr. ABERCROMBIE. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 3352) to reauthorize and amend the Hydrographic Services
Improvement Act, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 3352

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 ``Hydrographic Services
Improvement Act Amendments of 2008''.

SEC. 2. DEFINITIONS.

Section 302 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Hydrographic data.--The term `hydrographic data'
means information that--
``(A) is acquired through--
``(i) hydrographic, bathymetric, photogrammetric, lidar,
radar, remote sensing, or shoreline and other ocean- and
coastal-related surveying;
``(ii) geodetic, geospatial, or geomagnetic measurements;
``(iii) tide, water level, and current observations; or
``(iv) other methods; and
``(B) is used in providing hydrographic services.'';
(2) by amending paragraph (4)(A) to read as follows:
``(A) the management, maintenance, interpretation,
certification, and dissemination of bathymetric,
hydrographic, shoreline, geodetic, geospatial, geomagnetic,
and tide, water level, and current information, including the
production of nautical charts, nautical information
databases, and other products derived from hydrographic
data;''; and
(3) by striking paragraph (5).

SEC. 3. FUNCTIONS OF THE ADMINISTRATOR.

Section 303 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892a) is amended--
(1) in subsection (a)--
(A) by striking ``the Act of 1947,'' and inserting ``the
Coast and Geodetic Survey Act (33 U.S.C. 883a et seq.)''; and
(B) in paragraph (1) by striking ``data;'' and inserting
``data and provide hydrographic services;'';
(2) in subsection (b)--
(A) by striking ``the Act of 1947,'' and inserting ``the
Coast and Geodetic Survey Act (33 U.S.C. 883a et seq.)'';
(B) in paragraph (3) by striking ``title IX of the Federal
Property and Administrative Services Act of 1949; and'' and
inserting ``subchapter VI of chapter 10 of title 40, United
States Code;'';
(C) in paragraph (4) by striking the period and inserting
``; and''; and
(D) by adding at the end the following:
``(5) may create, support, and maintain a Joint
Hydrographic Institute.''; and
(3) by striking subsection (c) and inserting the following:
``(c) Acquisition of Hydrographic Data and Provide
Hydrographic Services.--To the extent that it does not
detract from the promotion of safe and efficient navigation,
the Administrator may acquire hydrographic data and provide
hydrographic services to--
``(1) support the conservation and management of coastal
and ocean resources;
``(2) save and protect life and property;
``(3) support the resumption of commerce in response to
emergencies, natural disasters, and man-made disasters, and
``(4) meet homeland security and maritime domain awareness
needs, including carrying out mission assignments (as that
term is defined in section 641 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 741).''.

SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL.

Section 305 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892c) is amended--
(1) in subsection (c)(1)(A) by striking ``Director'' and
inserting ``Co-directors'';
(2) in subsections (c)(1)(C), (c)(3), and (e) by striking
``Secretary'' each place it appears and inserting
``Administrator''; and
(3) by amending subsection (d) to read as follows:
``(d) Compensation.--Voting members of the panel shall be
reimbursed for actual and reasonable expenses, including
travel and per diem, incurred in the performance of duties
for the panel.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

Section 306 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892d) is amended to read as follows:

``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to the
Administrator the following:
``(1) To carry out nautical mapping and charting functions
under sections 303 and 304, except for conducting
hydrographic surveys--
``(A) $55,000,000 for fiscal year 2009;
``(B) $56,000,000 for fiscal year 2010;
``(C) $57,000,000 for fiscal year 2011; and
``(D) $58,000,000 for fiscal year 2012.
``(2) To contract for hydrographic surveys under section
303(b)(1), including the leasing or time chartering of
vessels--
``(A) $32,130,000 for fiscal year 2009;
``(B) $32,760,000 for fiscal year 2010;
``(C) $33,390,000 for fiscal year 2011; and
``(D) $34,020,000 for fiscal year 2012.
``(3) To operate hydrographic survey vessels owned by the
United States and operated by the Administration--
``(A) $25,900,000 for fiscal year 2009;
``(B) $26,400,000 for fiscal year 2010;
``(C) $26,900,000 for fiscal year 2011; and
``(D) $27,400,000 for fiscal year 2012.
``(4) To carry out geodetic functions under this title--
``(A) $32,640,000 for fiscal year 2009;
``(B) $32,280,000 for fiscal year 2010;
``(C) $33,920,000 for fiscal year 2011; and
``(D) $34,560,000 for fiscal year 2012.
``(5) To carry out tide and current measurement functions
under this title--
``(A) $27,000,000 for fiscal year 2009;
``(B) $27,500,000 for fiscal year 2010;
``(C) $28,000,000 for fiscal year 2011; and
``(D) $28,500,000 for fiscal year 2012.
``(6) To acquire a replacement hydrographic survey vessel
capable of staying at sea continuously for at least 30 days
$75,000,000.''.

SEC. 6. ADDITION OF SHORT TITLE TO EXISTING LAW.

The Act of August 6, 1947 (chapter 504; 33 U.S.C. 883a et
seq.) is amended by adding at the end the following:

``SEC. 11. SHORT TITLE.

``This Act may be cited as the `Coast and Geodetic Survey
Act'.''.

General Leave

[[Page 4512]]

services. Strengthening the emergency response and recovery
capabilities were among the recommendations suggested. H.R. 3352
addresses these recommendations directly, and meets homeland security
and maritime domain awareness needs.
I want to commend our friend Congressman Don Young for introducing
this bill, and urge all Members to support it.
I reserve the balance of my time.
Mr. BISHOP of Utah. Madam Speaker, I rise in support of H.R. 3352.
Hydrographic surveys and shoreline mapping activities provide data to
produce accurate nautical charts. Many vessels from large container
ships and oil tankers to the smaller commercial fishing vessels and
recreational boaters rely on nautical charts to safely navigate U.S.
waterways. There is currently a backlog in the survey work, making many
nautical charts out of date. H.R. 3352 will reauthorize the program
that supports hydrographic surveys and shoreline mapping activities,
and continue the efforts to provide all users with accurate nautical
charts. I urge an ``aye'' vote.
I yield back the balance of my time.
Mr. ABERCROMBIE. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Abercrombie) that the House suspend the
rules and pass the bill, H.R. 3352, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WESTMORELAND. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________

NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT AMENDMENT OF
2008

Mr. ABERCROMBIE. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 3891) to amend the National Fish and Wildlife Foundation
Establishment Act to increase the number of Directors on the Board of
Directors of the National Fish and Wildlife Foundation, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 3891

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Fish and Wildlife
Foundation Establishment Act Amendment of 2008''.

SEC. 2. BOARD OF DIRECTORS OF THE FOUNDATION.

Section 3(a) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3702(a)) is amended by striking
paragraph (1) and inserting the following:
``(1) In general.--The Foundation shall have a governing
Board of Directors (referred to in this Act as the `Board'),
which shall consist of 30 Directors appointed in accordance
with subsection (b), each of whom shall be a United States
citizen.''.

General Leave

Mr. ABERCROMBIE. Madam Speaker, I ask unanimous consent that all
Members may have 5 days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Hawaii?
There was no objection.
Mr. ABERCROMBIE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, H.R. 3891, introduced by my colleague from South
Carolina (Mr. Brown), expands the size of the Board of Directors of the
National Fish and Wildlife Foundation from 25 to 30 members.
The National Fish and Wildlife Foundation was established by Congress
in 1984 as a charitable nonprofit corporation. The foundation was
formed to further the conservation and management of fish, wildlife,
plants, and other natural resources by the United States Fish and
Wildlife Service and the National Oceanic and Atmospheric
Administration.
While the foundation and its conservation programs continue to grow
and fundraising for these programs keeps pace, it is considerably more
difficult to meet the increasing administrative expenses of the
foundation. Expanding the size of the board of directors will improve
the ability of the foundation to raise private funds, to cover its
administrative expenses, and to improve the implementation of its
conservation programs.
I commend Congressman Henry Brown, again, a good friend of many of us
here in the Congress and a friend of the Natural Resources, for
introducing this bill, and urge all Members to support it.
I reserve the balance of my time.
Mr. BISHOP of Utah. Madam Speaker, I rise in support of H.R. 3891. It
does increase by five members the Board of Directors on the National
Fish and Wildlife Foundation.
Since its inception, this foundation has financed more than 9,500
conservation projects to sustain, restore, and enhance fish wildlife
population and their essential habitat. Under current law, the
Secretary of the Interior may appoint 25 individuals to serve on the
Board of Directors. These members have expertise in fish, wildlife,
natural resources, and conservation. They serve as conservation
ambassadors, and they approve projects submitted to the foundation, and
raise funds for the operation of this successful organization. The
additional five members will help to enhance that job description. I
urge my colleagues to vote favorably on H.R. 3891.
I yield back the balance of my time.
Mr. ABERCROMBIE. Madam Speaker, before yielding back the balance of
my time, and I will do so, I have a brief closing insert that I would
like to read from Congresswoman Bordallo who, as I indicated, finds it
impossible to be here today at this time. She says as follows:
Madam Speaker, as Chairwoman on the Subcommittee on Fisheries,
Wildlife, Oceans, I reiterate that the Natural Resources Committee
supports this bill as a means to maximize community participation in
the activities of the Fish and Wildlife Foundation.
It is our expectation, that is to say Congresswoman Bordallo's
expectation, that the foundation will view this expansion of its Board
of Directors as an opportunity to increase the diversity of
professional backgrounds and views that board members bring to the
foundation, and also that the Secretary of the Interior will appoint
qualified individuals, hopefully with conservation experience in the
offshore territories.
Mr. BROWN of South Carolina. Madam Speaker, I rise today to speak on
H.R. 3891, a bill I introduced with Fisheries, Oceans and Wildlife
Subcommittee Chairwoman Madeleine Bordallo. The fundamental purpose of
this legislation is to increase from 25 to 30 the number of members who
may serve on the Board of Directors of the National Fish and Wildlife
Foundation.
The National Fish and Wildlife Foundation was created by Congress in
1984. Since that time, it has financed more than 9,500 conservation
projects throughout the United States and in other countries. By using
a partnership and challenge grant approach, the Foundation has provided
$1.3 billion in critical funding to accomplish its strategic goals of
sustaining, restoring and enhancing fish, wildlife and plant
populations and their essential habitat.
Under current law, the Secretary of the Interior may appoint up to 25
individuals to serve on the Foundation's Board of Directors. The
members of this Board have expertise in fish, wildlife and natural
resource conservation; they serve as conservation Ambassadors
throughout the world; they review and approve projects submitted to the
Foundation and they raise funds for the operation of this highly
successful organization.

[[Page 4513]]

By increasing the size of the Board, we will greatly enhance the
Foundation's ability to finance additional meritorious projects in the
future.
I urge my colleagues to vote ``yea'' on H.R. 3891.
Mr. ABERCROMBIE. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Abercrombie) that the House suspend the
rules and pass the bill, H.R. 3891, 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
HALE SCOUTS ACT

Mr. ABERCROMBIE. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 2675) to provide for the conveyance of approximately 140
acres of land in the Ouachita National Forest in Oklahoma to the Indian
Nations Council, Inc., of the Boy Scouts of America, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 2675

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 ``Help to Access Land for the
Education of Scouts'' or ``HALE Scouts Act''.

SEC. 2. LAND CONVEYANCE, OUACHITA NATIONAL FOREST, OKLAHOMA.

(a) Finding.--Congress finds that it is in the public
interest to provide for the sale of certain federally owned
land in the Ouachita National Forest in Oklahoma to the
Indian Nations Council, Inc., of the Boy Scouts of America,
for market value consideration.
(b) Conveyance Required.--Subject to valid existing rights,
the Secretary of Agriculture shall convey, by quitclaim deed,
to the Indian Nations Council, Inc., of the Boy Scouts of
America (in this section referred to as the ``Council'') all
right, title, and interest of the United States in and to
certain National Forest System land in the Ouachita National
Forest in the State of Oklahoma consisting of approximately
140 acres, depending on the final measurement of the road set
back and the actual size of the affected sections, as more
fully described in subsection (c). The conveyance may not
include any land located within the Indian Nations National
Scenic and Wildlife Area designated by section 10 of the
Winding Stair Mountain National Recreation and Wilderness
Area Act (16 U.S.C. 460vv-8).
(c) Covered Lands.--The National Forest System land to be
conveyed under subsection (b) is depicted on the map entitled
``Boy Scout Land Request-Ouachita NF''. The map shall be on
file and available for public inspection in the Forest
Service Regional Office in Atlanta, Georgia.
(d) Consideration.--As consideration for the land conveyed
under subsection (b), the Council shall pay to the Secretary
an amount equal to the fair market value of the land, as
determined by an appraisal approved by the Secretary and done
in conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions and section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(e) Use of Proceeds.--The consideration received under
subsection (d) shall be deposited in the fund established by
Public Law 90-171 (commonly known as the ``Sisk Act''; 16
U.S.C. 484a). The amount so deposited shall be available to
the Secretary, without further appropriation, for expenditure
for the acquisition of land and interests in land in the
Ouachita National Forest.
(f) Survey and Administrative Costs.--The exact acreage and
legal description of the land to be conveyed under subsection
(b) shall be determined by a survey satisfactory to the
Secretary. The Council shall pay the reasonable costs of
survey, appraisal, and any administrative analyses required
by law.
(g) Access.--Access to the land conveyed under subsection
(b) shall be from the adjacent land of the Council or its
successor. Notwithstanding section 1323(a) of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3210(a)),
the Secretary shall not be required to provide additional
access to the conveyed land.
(h) Additional Terms and Conditions.--The Secretary may
prescribe such terms and conditions on the conveyance under
subsection (b) as the Secretary considers in the public
interest, including the reservation of access rights to the
conveyed land for administrative purposes.

General Leave

Mr. ABERCROMBIE. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Hawaii?
There was no objection.
Mr. ABERCROMBIE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, H.R. 2675 was introduced by my colleague and our
friend on the Natural Resources Committee, Representative Dan Boren.
The legislation directs the Secretary of Agriculture to convey 140
acres of public land in Oklahoma, administered by the United States
Forest Service, to the Indian Nations Council of the Boy Scouts of
America. The Boy Scouts will use this land to expand their existing
camping. The Boy Scouts will pay a fair market value for the land.
Madam Speaker, I want to commend our colleague and friend,
Representative Boren, for his work on this bill. I support the passage
of H.R. 2675, as amended.
I reserve the balance of my time.
Mr. BISHOP of Utah. Madam Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 2675, and we are pleased to support this
legislation that will help the young men of Oklahoma by allowing the
Boy Scouts of America to expand their summer camp within the forest to
accommodate the fast-growing number of campers. This speaks volumes
about the excellent organization that is the Boy Scouts of America, and
we compliment Representative Boren on his efforts. Hopefully this land
conveyance will ease some of the pain the scouting community suffered
when Congressman Boren left the Scouts shortly before attaining the
rank of tenderfoot.
I want to thank Chairman Rahall and the professional staff for moving
this bill along expeditiously, and thank my friend from Hawaii for his
efforts on this particular legislation, and thank the gentleman from
Oklahoma for having a wonderful bill. I urge Members to support this
particular legislation.
Mr. BOREN. Madam Speaker, I rise today in strong support for H.R.
2675, the HALE Scouts Act. This bill would grant the U.S. Forest
Service authority to sell roughly 140 acres of land to the Indian
Nations Council of Boy Scouts, which is adjacent to the Scout's summer
camp, Camp Tom Hale located in Talihina, OK. The Council is a nonprofit
organization providing educational programs for boys and young adults
to build character, to train in the responsibilities of citizenship,
and to develop personal fitness,
The camp first opened in June 1930 to serve Boy Scouts in the
McAlester, Oklahoma area. It was originally located at what is now
Robbers Cave State Park near Wilburton, Oklahoma. In 1963, the Boy
Scout Council in McAlester worked with the State of Oklahoma and the
U.S. Forest Service to exchange the camp at Robbers Cave for 480 acres
of wilderness area in the Ouachita National Forest. This ``new'' Camp
Hale has continued as a summer adventure camp serving thousands of
scouts during the intervening 41 years. In 1997, the Council board
developed a strategic plan for a $3.5 million expansion and renovation
of the camp. Since then, the Council has spent in excess of $1 million
continually updating and expanding facilities to meet the needs of
scouts. As a result, a renewed emphasis on wilderness and the outdoors
has flourished, with over 6,000 scouts and leaders from a five state
area attending weekly sessions offered in June and July and enjoying
the beautiful Ouachita Forest. Attendance has now exceeded the maximum
number of available campsites and program areas, which is causing Camp
Hale to begin turning away hundreds of scouts each summer.
It is now critical for camp growth that the boundaries be extended to
include more area for camping and additional program and training
services. Successful completion of this objective will allow the Boy
Scouts to continue the expansion of outdoor and leadership training for
thousands of youth living in the Central Southwest and bring additional
usage and enjoyment of the Ouachita Forest to more families. I greatly
appreciate this body's consideration of this measure, and urge my
colleagues support.

[[Page 4514]]

Mr. BISHOP of Utah. Madam Speaker, I have no further speakers, and I
yield back the balance of my time.
Mr. ABERCROMBIE. Madam Speaker, I can't spot any more tenderfeet on
the floor, and so we will yield back our time as well.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Abercrombie) that the House suspend the
rules and pass the bill, H.R. 2675, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BISHOP of Utah. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________

UTAH NATIONAL GUARD READINESS ACT

Mr. ABERCROMBIE. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 3651) to require the conveyance of certain public land
within the boundaries of Camp Williams, Utah, to support the training
and readiness of the Utah National Guard, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 3651

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 ``Utah National Guard
Readiness Act''.

SEC. 2. LAND CONVEYANCE, CAMP WILLIAMS, UTAH.

(a) Conveyance Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the
Interior, acting through the Bureau of Land Management, shall
convey, without consideration, to the State of Utah all
right, title, and interest of the United States in and to
certain lands comprising approximately 431 acres, as
generally depicted on a map entitled ``Proposed Camp Williams
Land Transfer'' and dated March 7, 2008, which are located
within the boundaries of the public lands currently withdrawn
for military use by the Utah National Guard and known as Camp
Williams, Utah, for the purpose of permitting the Utah
National Guard to use the conveyed land as provided in
subsection (c).
(b) Revocation of Executive Order.--Executive Order 1922 of
April 24, 1914, as amended by section 907 of the Camp W.G.
Williams Land Exchange Act of 1989 (title IX of Public Law
101-628; 104 Stat. 4501), shall be revoked, only insofar as
it affects the lands identified for conveyance to the State
of Utah under subsection (a).
(c) Reversionary Interest.--The lands conveyed to the State
of Utah under subsection (a) shall revert to the United
States if the Secretary of the Interior determines that the
land, or any portion thereof, is sold or attempted to be
sold, or that the land, or any portion thereof, is used for
non-National Guard or non-national defense purposes. Any
determination by the Secretary of the Interior under this
subsection shall be made in consultation with the Secretary
of Defense and the Governor of Utah and on the record after
an opportunity for comment.
(d) Hazardous Materials.--With respect to any portion of
the land conveyed under subsection (a) that the Secretary of
the Interior determines is subject to reversion under
subsection (c), if the Secretary of the Interior also
determines that the portion of the conveyed land contains
hazardous materials, the State of Utah shall pay the United
States an amount equal to the fair market value of that
portion of the land, and the reversionary interest shall not
apply to that portion of the land.

The SPEAKER pro tempore. Pursuant to the rule the gentleman from
Hawaii (Mr. Abercrombie) and the gentleman from Utah (Mr. Bishop) each
will control 20 minutes.
The Chair recognizes the gentleman from Hawaii.

General Leave

Mr. ABERCROMBIE. Madam Speaker, I ask unanimous consent that all
Members have 5 legislative days 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 Hawaii?
There was no objection.
Mr. ABERCROMBIE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, H.R. 3651 was introduced by the ranking member on the
National Parks, Forests and Public Lands Subcommittee, Representative
Bishop. The legislation directs the Secretary of the Interior to convey
certain identified public lands to the State of Utah for use by the
Utah National Guard. The land would revert to the United States should
it ever cease to be used by the National Guard.
Madam Speaker, I want to commend my colleague and friend,
Representative Bishop, for his leadership in this matter and his
willingness to work with the committee to resolve issues raised in
earlier consideration of the legislation. I am sure that I speak for
Chairman Rahall in that regard, and most certainly his fellow members
on the Resources Committee. Therefore, I have no objection to the
passage of H.R. 3651; and, in fact, enthusiastically endorse it.
I reserve the balance of my time.
Mr. BISHOP of Utah. Madam Speaker, I yield myself such time as I may
consume.
H.R. 3651, the Utah National Guard Readiness Act, was cosponsored by
the entire Utah delegation. There are only three of us, but we all
agreed. So Mr. Matheson, Mr. Cannon, and I are sponsoring this bill, as
requested by the Adjutant General of the Utah National Guard as well as
the Governor of the State of Utah, in order to address the long-term
growing pains of the National Guard at their Camp Williams
headquarters.
The Utah National Guard has run out of State-controlled land on which
to expand and build and support its vital national guard and national
defense missions.
The lands transferred under this act are already withdrawn from
military use by the Guard from the Bureau of Land Management. So
placing the land in the State's name for use by the National Guard will
allow for the consolidation of ownership patterns in the critical
headquarters area, and allow the State of Utah to bond for future Guard
facilities in a more streamlined and cost-effective manner.
I thank the chairman of our committee, Mr. Rahall, and his staff, for
working on this bill and moving it forward. I also thank the
subcommittee chairman, Mr. Grijalva, for his assistance and that of the
subcommittee professional staff.
In this day and age, we are asking the National Guardsmen to do more
and more heavy lifting for our Nation's defense and in deploying
overseas in armed conflict. At the same time, we are asking them to
also be on the frontlines in protect the homeland, and also to be there
for our States and communities in times of emergency or natural
disasters. We ask a lot of them, and they deliver.
This bill will allow our Utah National Guard to support its future
mission growth in meeting these challenges. It is a small thing for us
to be able to help them down the road in meeting their obligations. I
thank my colleagues for consideration of this bill, and I strongly urge
its adoption.
I reserve the balance of my time.
Mr. ABERCROMBIE. Madam Speaker, as a member of the Armed Services
Committee, and as chairman of the Air Land Subcommittee of that
committee, I particularly want to commend Mr. Bishop for his remarks
regarding the National Guard deployments and our obligations to them.
And in recognition of that, I would like his remarks to be incorporated
as my own with regard to his bill. With his permission I would like to
do that.
Mr. BISHOP of Utah. I think the gentleman from Hawaii could have done
it much more artfully than I did, but I will be happy to allow him to
do that.
Mr. ABERCROMBIE. Madam Speaker, I yield back the balance of my time.
Mr. BISHOP of Utah. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Abercrombie) that the House suspend the
rules and pass the bill, H.R. 3651, 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.

[[Page 4515]]

____________________

LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM ACT

Mr. ABERCROMBIE. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 2515) to authorize appropriations for the Bureau of
Reclamation to carry out the Lower Colorado River Multi-Species
Conservation Program in the States of Arizona, California, and Nevada,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 2515

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 ``Lower Colorado River Multi-
Species Conservation Program Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Lower colorado river multi-species conservation
program.--The term ``Lower Colorado River Multi-Species
Conservation Program'' or ``LCR MSCP'' means the cooperative
effort on the Lower Colorado River between Federal and non-
Federal entities in Arizona, California, and Nevada approved
by the Secretary of the Interior on April 2, 2005.
(2) Lower colorado river.--The term ``Lower Colorado
River'' means the Colorado River from Lake Mead to the
Southerly International Boundary with Mexico, including its
historic floodplain and its mainstem reservoirs to their full
pool elevations.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) States.--The term ``States'' means each of the States
of Arizona, California, and Nevada.

SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING.

(a) In General.--The Secretary is authorized to participate
in the Lower Colorado River Multi-Species Conservation
Program.
(b) Water Accounting.--The Secretary is authorized to enter
into an agreement with the States providing for the use of
water from the Lower Colorado River for habitat creation and
maintenance.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to
the Secretary such sums as may be necessary to participate in
the Lower Colorado River Multi-Species Conservation Program,
to remain available until expended.
(b) Nonreimbursable and Nonreturnable.--All amounts
appropriated to and expended by the Secretary for the LCR
MSCP shall be nonreimbursable and nonreturnable.

General Leave

Mr. ABERCROMBIE. Madam Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Hawaii?
There was no objection.
Mr. ABERCROMBIE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, H.R. 2515, as introduced by our colleague and friend,
Representative Dean Heller, would authorize the Secretary of the
Interior to participate in the multi-species habitat conservation plan
on the lower 400 miles of the Colorado River. The States of Nevada,
Arizona and California, along with several major water districts, are
participants and funding partners in this program.
As amended, this legislation is not controversial and should be
supported. And I might say, Madam Speaker, exhibits the multiple
responsibilities of the Resources Committee and the really
extraordinary complications and details that have to be considered when
such legislation comes forward. It is a tribute to the staffs of the
members on the committee, and most particularly the professional staff
of the Resources Committee, that this legislation is able to be
compiled, understood and comprehended by the members, and then brought
forward to the body as a whole in a way that advances the public
interest.
With that, Madam Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Madam Speaker, I yield myself such time as I may
consume.
This particular bill helps solve the conundrum that we face in the
protection and conservation of certain species: For example, the bony-
tailed chub, the razorback sucker, and the humpback chub.
H.R. 2515, introduced by Dean Heller of Nevada and Harry Mitchell of
Arizona, is an amended bipartisan measure aimed at protecting
endangered species while keeping the waters running and the lights on
for consumers in the Southwest.
As amended at the committee level, this bill has been scaled back,
but still codifies a very popular multi-species habitat conservation
plan on the Lower Colorado River. I note that some water and power
supply organizations support key provisions taken out by the majority.
However, in the interest of moving this bill forward, they support the
passage of this bill with the hope that the final bill signed into law
will better resemble the original legislation.
At a time when our water supply is being diminished due to a number
of factors, this bill--although somewhat incomplete--is still a win-win
for our water and power consumers.
I have no additional speakers, and I am prepared to yield back the
balance of my time.
Mr. ABERCROMBIE. Madam Speaker, I observed that Mr. Bishop was
looking directly at me when he recited, with a look that I can only
determine as ``gleeful,'' he cited the razorback sucker and the
bonytail chub. I am not sure whether I was being categorized by him in
the sucker category or the chub category, or he was gazing at me
metaphorically.
Do you suppose he might be able to answer that for me.
Mr. BISHOP of Utah. Will the gentleman yield?
Mr. ABERCROMBIE. I will yield.
Mr. BISHOP of UTAH. I have certainly never thought of the gentleman
as either a razorback or a bonytail.
Mr. ABERCROMBIE. Thank you very much.
Madam Speaker, it is now clear for me.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Abercrombie) that the House suspend the
rules and pass the bill, H.R. 2515, 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} 1500
SUPPORTING THE OBSERVANCE OF COLORECTAL CANCER AWARENESS MONTH

Mr. WYNN. Madam Speaker, I move to suspend the rules and agree to the
concurrent resolution (H. Con. Res. 302) supporting the observance of
Colorectal Cancer Awareness Month, and for other purposes.
The Clerk read the title of the concurrent resolution.
The text of the concurrent resolution is as follows:

H. Con. Res. 302

Whereas colorectal cancer is the second most common cause
of cancer deaths for men and women in the United States;
Whereas colorectal cancer affects men and women equally;
Whereas more than 148,810 people in the United States will
be diagnosed with colon cancer this year;
Whereas over 49,960 people in the United States will die
from colon cancer this year;
Whereas every 3.5 minutes, someone is diagnosed with
colorectal cancer and every 9 minutes someone dies from
colorectal cancer;
Whereas every 5 seconds someone who should be screened for
colorectal cancer is not;
Whereas the vast majority of colon cancer deaths can be
prevented through proper screening and early detection;
Whereas the survival rate of individuals who have
colorectal cancer is 90 percent when detected in the early
stages versus only a 10 percent survival rate when colorectal
cancer is diagnosed after it has spread to distant organs;
Whereas only 39 percent of colorectal cancer patients have
their cancers detected at an early stage;

[[Page 4516]]

Whereas uninsured Americans are more likely to be diagnosed
with late stage colon cancer than patients with private
insurance;
Whereas only 18.8 percent of those without health coverage
in the United States have currently been properly screened
for colorectal cancer;
Whereas if the majority of Americans age 50 or older were
screened regularly for colorectal cancer, the death rate from
this disease could plummet by up to 80 percent;
Whereas regular colorectal cancer screening has been ranked
as one of the most cost effective screening interventions
available, with the potential to save more than 30,000 lives
a year;
Whereas treatment costs for colorectal cancer are extremely
high, estimated at $8,400,000,000 for 2004;
Whereas increasing the number of people between the ages of
50 years and 64 years of age who are regularly screened in
the United States, would provide significant savings in
billions of dollars to the Medicare program from cancer
prevention and treatment costs;
Whereas the Blue Star, developed by the Members of the
National Colorectal Cancer Roundtable, the American Cancer
Society, the Colon Cancer Alliance, and C3: Colorectal Cancer
Coalition represents the collective fight against colon
cancer, the eternal memory of the people whose lives have
already been lost to the disease, and the shining hope for a
future free of colon cancer;
Whereas Coaches vs. Cancer (a partnership between the
American Cancer Society and the National Association of
Basketball Coaches), the Colon Cancer Alliance, and Ethicon
Endo-Surgery have created ``Earn a Blue Star Day'' as a means
for individuals and corporations to raise awareness of the
importance of screening for colon cancer;
Whereas greater awareness of this cancer and the means to
prevent it will save the lives of tens of thousands of
Americans each year; and
Whereas observing a Colorectal Cancer Awareness Month
during the month of March would provide a special opportunity
to offer education on the importance of early detection and
screening: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) supports the observance of Colorectal Cancer Awareness
Month in order to provide a special opportunity to offer
education on the importance of early detection and screening;
(2) recognizes and applauds the national and community
organizations for their work in promoting awareness about
colorectal cancer, providing information on the importance of
prevention and early detection through regular screening, and
facilitating access to treatment for its sufferers; and
(3) urges organizations and health practitioners to ``earn
a Blue Star'' by using this opportunity to promote awareness
about colorectal cancer and to support early identification
and removal of pre-cancerous polyps, detectable only through
colorectal cancer screenings.

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

General Leave

Mr. WYNN. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. WYNN. Madam Speaker, I yield myself such time as I may consume.
I rise today in strong support of H. Con. Res. 302. This bill does
three things: First, it calls for the designation of March as
Colorectal Cancer Awareness Month. Second, it recognizes national and
community organizations for their work in promoting the importance of
prevention and early detection through regular colorectal screenings.
Third, it urges organizations and health practitioners to ``earn a Blue
Star'' by using this opportunity to increase awareness about colorectal
cancer. And I will talk more about the blue star in just a minute.
But first let me note that colorectal cancer is the third most common
type of cancer and the second most deadly. Approximately 148,000
Americans will be diagnosed with colorectal cancer this year, and
49,000 will die from the disease.
Every 3 minutes a loved one is diagnosed with colorectal cancer.
Every 9 minutes a loved one dies from the disease. Every 5 seconds a
loved one who should be screened for colorectal cancer is not.
Colorectal cancer is a silent killer which often causes no symptoms
until it reaches the latest stages. Colorectal screenings save lives by
catching the disease in its earlier stages. If detected at an early
stage, the 5-year survival rate for colorectal cancer is 90 percent. If
it is not detected until the later stage, the 5-year survival rate
plummets to just 10 percent.
This tragedy disproportionately affects minorities, particularly
African Americans, who are less likely to have access to health
insurance or see a doctor on a regular basis. As a result, African
Americans are diagnosed later and are 40 percent more likely to die
from the disease. In 2007, 1,600 cases of colorectal cancer occurred
among African Americans.
Hoping to repeat the success of the red ribbon in symbolizing AIDS
and the pink ribbon in symbolizing breast cancer, the National
Colorectal Cancer Roundtable has selected a blue star to symbolize the
fight against colorectal cancer. The star serves a dual purpose; it
recognizes the eternal memory of those people whose lives have already
been lost to the disease, and it is a shining hope for a future free of
colon cancer.
This resolution recognizes the important work that national and
community organizations have already done in promoting awareness about
colorectal cancer, including the creation of Earn a Blue Star day.
Additionally, the resolution encourages organizations and health care
practitioners to earn a blue star by supporting early identification
and removal of precancerous polyps.
Recognizing March as Colorectal Cancer Awareness Month provides us a
special opportunity to focus on education about screening and early
detection. As we continue to work to find a cure for colorectal cancer,
it is vital that we work together to increase awareness about screening
in order to prevent the disease from reaching its deadly conclusion.
Before I conclude, I want to thank my colleagues, Representative Kay
Granger and Representative Patrick Kennedy, for their leadership on
this issue. Although Representative Granger could not be here today, I
know that she cares very deeply about this issue and has worked hard to
bring this resolution to the floor.
I now want to urge my colleagues to join me in support of the
adoption of this resolution.
Madam Speaker, I reserve the balance of my time.
Mr. BURGESS. Madam Speaker, I yield myself so much time as I may
consume.
Madam Speaker, colorectal cancer is the third most commonly diagnosed
cancer. It's the second most common cause of cancer deaths in the
United States; clearly a major player in our cancer burden here in this
country. Every 3\1/2\ minutes someone is diagnosed with colorectal
cancer. Every 9 minutes someone dies from colorectal cancer.
This is a disease that affects men and women equally. This year,
almost 150,000 new cases will be diagnosed, and almost 50,000 deaths
will be caused by colorectal cancer. The real tragedy is that many of
these cancer cases and deaths do not have to happen. The vast majority
of colorectal cancer deaths can be prevented through proper screening
and early detection. This resolution recognizes March as Colorectal
Cancer Awareness Month.
My good friend from Maryland talked about disparities; indeed,
disparities do occur. And one of the things we can do to diminish those
disparities is to talk. We can talk more about this disease. And the
more we encourage our family and friends, our neighbors to get
screened, the more lives we can, in fact, save.
But recognizing Colorectal Cancer Awareness Month is not enough. We
do need to increase Federal funding for early detection and screening.
So, along with Congressman Wynn, Representative Granger has introduced
a bill that would authorize funding for early detection screenings and
make

[[Page 4517]]

preventive care a priority. Specifically, the Colorectal Cancer
Prevention, Early Detection and Treatment Act, H.R. 738, would
establish a national screening program for colorectal cancer for
individuals over 50 years of age and/or who are at high risk. It would
also authorize State funding for these screenings, and it would create
a public awareness and education campaign for colorectal cancer.
Despite scientific evidence supporting the benefits of screenings,
screenings remain low for this disease in the United States, and every
5 seconds someone who should be screened is not. When colorectal cancer
is diagnosed late, the survival rate for cancer is only 10 percent, but
if it's diagnosed early, before spread has occurred, the survival rate
is in excess of 90 percent. Early detection and screening saves lives.
If everyone over 50 years of age were screened regularly for colon
cancer, the death rate for this disease could plummet by 80 percent. In
addition to saving lives, early detection and screening clearly would
save money.
Treatment costs for colon cancer are extremely high and could be
greatly reduced if mass screenings occurred. Colon cancer treatment
costs totaled roughly $8.5 billion for new cases in 2007. Let me say
that again, almost $8.5 billion for 2007. The costs of two-thirds of
these cancer cases are borne by the Medicare program.
The Lewin Group recently conducted a comprehensive study of the
potential cost savings to Medicare and found that every 10 years a
colon cancer screening program will result in a savings of about 1\1/2\
years worth of Medicare expenditures. If screenings were increased
among people 50 years of age and older in the United States, it would
save billions of dollars in Medicare expenditures, not to mention the
thousands of lives that would be spared.
The Colon Cancer Prevention, Early Detection and Treatment Act
ensures that people who are screened will get the full continuum of
cancer care, including the appropriate follow-up for abnormal tests,
diagnostic and therapeutic services, and treatment for detected
cancers.
Observing Colorectal Cancer Awareness Month provides us with the
opportunity to discuss the importance of early detection and of
screening. It also provides us the opportunity to thank the thousands
of volunteers and the national and community organizations for their
work in promoting awareness of this disease. Groups like the Prevent
Cancer Foundation, the National Colorectal Cancer Society Roundtable,
the American Cancer Society, the Colon Cancer Alliance, and C3:
Colorectal Cancer Coalition, these groups have created the ``Earn a
Blue Star Day'' as a way for individuals and corporations to raise
awareness of the importance of screening for this cancer.
I encourage my colleagues in the House to ``earn a blue star'' by
using this opportunity to promote awareness of colon cancer and to
support early detection and screening.
Madam Speaker, I reserve the balance of my time.
Mr. WYNN. Madam Speaker, I am pleased to yield 5 minutes to the
gentleman from Rhode Island (Mr. Kennedy).
Mr. KENNEDY. I would like to thank the gentleman from Maryland for
his ambitious efforts on behalf of this issue. He has been tireless on
behalf of spreading the word on the issue of prevention of colorectal
cancer. I can recall for many years being invited to participate in
events where he has been out there talking about prevention and
prevention, prevention, prevention. I salute him for his efforts and
thank him for his service to our country on behalf of this very
important issue.
He said it as clear as anyone could say it, and that is that the most
common reason people give for why they have not had a colorectal cancer
screening is that it wasn't recommended to them. And the most common
reason that people die of colorectal cancer is because they haven't
been screened. So, what is the answer? The answer is we have to get
people to recommend that they get a screening for colorectal cancer. If
they get the recommendation that they get screened, then they have a 90
percent chance of survival. It's that simple.
Why are people dying of an illness that is so preventable? Because
they're not being told, first, that the statistics are what they are,
that this is preventable; and two, that the professions out there need
to get about doing what they need to do to make those recommendations
that people get the screening. If you're 50 and older, you need to get
the screening. If you have it in your family, you need to get the
screening. And these are the simple messages that we need to get out to
the general public. And Al Wynn has been the leader in this Congress in
making sure those messages get out to the public. And I want to thank
Kay Granger for her efforts as well in sponsoring this bill.
But the fact of the matter is that we cannot sit idly by and think
that this is something that simply is a matter of saving dollars. I
want to thank my friend, Mr. Burgess, for pointing out that we save
lots of money if we screen early. He pointed out accurately that the
Lewin Group said that we spent nearly $8.5 billion just this last year
treating colorectal cancer. Two-thirds of that will be paid by the
Federal Government; two-thirds will be paid by our taxpayers. And
imagine if we had screening, we could avoid that cost. If we had
screening, the cost of a screening could avoid all the heavy expenses
of that treatment. But imagine all the lives that it will save? Imagine
all the fathers and mothers and sons and daughters and brothers and
sisters who would be spared the awful trauma of having to be treated
with cancer.
This is the right thing to do. It's not only the right thing to do,
you know, financially, which should be a no-brainer for us in Congress,
we're looking for ways to save money, this is a money saver, but this
is the right thing to do for our people in terms of saving them the
heartache. So, what do we need to do? We need to cover people.
In my State of Rhode Island, we already mandate, our insurance
coverage already requires it. But unfortunately, as the American Cancer
Society is trying to do nationally, we have 47 million Americans
without health insurance. And until we get more people covered with
health insurance, there are going to continue to be people who fall
off.
That's why this legislation is so important. It sets up grants to
States so that we can target those who don't have health insurance so
that they can get the screening. If we know that they have colorectal
cancer polyps prescreening, then we know we can get in there and make
sure that they get the treatment early so that we're not stuck as a
society having to pay down the road for the most costly and expensive
kinds of treatment through the Medicare and Medicaid programs.
So, my friends, this is something that we need to do. I salute all of
those in the cancer community who have been trying to preach this
message. This is a message that needs to be preached. And I think that
every month ought to be Cancer Awareness Month. I'm just happy that we
now finally are getting about focusing on an illness that has been too
quiet, too quiet. When you compare it to breast cancer, cervical
cancer, prostate cancer, colorectal cancer screenings are the lowest of
all of them, the lowest, because it has been the most stigmatized of
all cancers.

{time} 1515

But colorectal cancer can no longer remain that way because too many
people are dying as a result.
Mr. BURGESS. Madam Speaker, at this time I will reserve my time.
Mr. WYNN. Madam Speaker, at this time I recognize the distinguished
gentlelady from Illinois (Ms. Schakowsky) for 2 minutes.
Ms. SCHAKOWSKY. Madam Speaker, first, I want to thank Congressman
Wynn for his effort to bring this critical resolution to the floor
today. I'm glad to be here to speak out in strong support of H. Con.
Res. 302, a resolution to recognize March as Colorectal Cancer
Awareness Month.
My family and my life, like so many others, have been touched by
someone

[[Page 4518]]

with cancer. Two and a half years ago, after fighting courageously for
a year, my amazing daughter-in-law, Fiona, died of colorectal cancer,
leaving behind two young children, a husband and many loving family
members and friends. At 38 years old, she died, not having a screening,
and though, in retrospect, she had symptoms. Too many of us have either
struggled with cancer ourselves or know of someone who has.
I recently saw a new study from the CDC saying that colorectal cancer
testing has risen steadily since 2002, and this is very encouraging
news. But another study that appeared in the Journal CANCER at the end
of last year is extremely troubling to me. It shows a significant
underuse of colorectal cancer screening procedures among Medicare
beneficiaries. In fact, only 25 percent of Medicare beneficiaries
received recommended screening.
Mr. WYNN. The gentlelady is granted an additional 30 seconds.
Ms. SCHAKOWSKY. In fact, only 25 percent of Medicare patients
received recommended screening during the study period.
We have to do better. We must work to expand public education and
understanding of the benefits of screening. Congress needs to make it a
priority to reduce the amount of out-of-pocket-costs associated with
cancer screening to ensure that those who may be at risk of developing
colorectal cancer get screened. And as the richest country in the
world, we need to act to make sure that everyone gets the medical care
they need.
You've heard the statistics. If caught early the survival rate is 90
percent; if not, it's only 10 percent.
Through the establishment of Colorectal Cancer Awareness Month we
will add to the over one million colorectal cancer survivors living in
America today.
I urge my colleagues to support this wonderful resolution, and I
thank the gentleman for introducing it.
Mr. BURGESS. Madam Speaker, I will yield myself 1 minute for the
purpose of closing.
This is an important bill and I do encourage my colleagues to support
this bill. Have the test, find the polyp, get the cure. It's really
that simple.
One of the problems with serving in Congress is you recognize that we
move so slowly on so many things. Madam Speaker, there are going to be
new medicines, new tests. We're on the threshold of great things in all
areas of medicine. The study of colon cancer is no small part of that.
But the reality is today there is a test, there is a test that can be
easily done. A cure is just around the corner for someone who might
suffer from this disease.
So I urge my colleagues to support this important legislation. I
thank my friend from Maryland for bringing it forward, and I'll yield
back the balance of my time.
Mr. WYNN. Madam Speaker, I'd just like to take a moment to thank Dr.
Burgess for his support of this legislation. He expounded on it quite
well, and we appreciate his support. Also Ms. Granger, who I indicated
could not be here.
I particularly want to thank my colleagues on the Democratic side of
the aisle, Ms. Schakowsky, who obviously has a tremendous personal
story to tell in support of this legislation, and also Mr. Kennedy,
with whom I've worked with, and has had a tremendous passion in support
of this measure.
Mr. GENE GREEN of Texas. Madam Speaker, I rise today in support of a
resolution offered by a fellow Texan, Congresswoman Granger,
recognizing the month of March as Colorectal Cancer Awareness Month.
There are few diagnoses that strike more fear into Americans than
being diagnosed with cancer. More than 10 million Americans currently
live with cancer. According to the American Cancer Society, more than
1.4 million new cancer cases will be diagnosed this year.
In the United States, colorectal cancer is the fourth most common
cancer in men and women. If it is caught early, it is often curable.
Regular colorectal cancer screening or testing is one of the best ways
to prevent colorectal cancer.
Once abnormal cells start to grow, it takes approximately 10 to 15
years to develop into colorectal cancer. Regular colorectal cancer
screening can prevent colorectal cancer altogether because some polyps
and growths are identified and removed before they turn into cancer.
Screening can also result in finding colorectal cancer early, when it
is highly curable.
Houston's MD Anderson Cancer Center is located near my district so I
have seen the effectiveness of research and treatments that have come
from investment in cancer research programs. However, the easiest way
to prevent, treat, and recover from cancer is to find it early.
That is why recognizing the month of March as Colorectal Cancer
Awareness Month is important. Letting people know that they should be
regularly tested for colorectal cancer is the first step in saving
lives.
I want to thank my colleague, Representative Granger, and urge my
colleagues to support this resolution.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in strong
support of H. Con. Res. 302, supporting the observance of Colorectal
Cancer Awareness Month, and for other purposes, introduced by my
distinguished colleague from Texas, Representative Kay Granger. This
important legislation recognizes the devastating effects of Colorectal
Cancer, which kills 49,960 Americans each year, and raises awareness
regarding the realities and severities of this disease.
Colorectal cancer includes both colon and rectal cancer and is the
second most common cause of cancer deaths for both men and women within
the United States. This form of cancer does not discriminate between
men and women, race and ethnicity; however, the rates of diagnoses are
slightly higher among the African America Community. Despite the fact
that every 3.5 minutes someone is diagnosed with colorectal cancer,
every 5 seconds, someone who should be screened for this cancer is not.
That is why this legislation is so important; we know the devastating
effects of this type of cancer, yet we have failed to apply the
necessary steps to address the epidemic. The survival rate of those who
have colorectal cancer is 90 percent when detected in its early stages,
but that rate dramatically drops to only 10 percent when colorectal
cancer is detected after it has spread to distant organs. The death
rate of colorectal cancer could be reduced by up to 80 percent if the
majority of Americans age 50 or older were screened regularly for
colorectal cancer. It is not surprising to note that uninsured
Americans are more likely to be diagnosed with late stage colon cancer
than patients with private insurance, and that as such only 39 percent
of colorectal cancer patients have their cancer detected at an early
stage. Only 18.8 percent of Americans without health coverage in the
United States have currently been properly screened for colorectal
cancer.
Regular colorectal cancer screening makes economic sense because it
has been ranked as one of the most cost effective screening
interventions available, with the potential to save more than 30,000
lives a year. Treatment costs for colorectal cancer are extremely high
and are estimated at $8,400,000,000 for 2004; however, the risks
associated with non-treatment are even higher.
The necessity of raising awareness about colorectal cancer cannot be
overemphasized, and I applaud this legislation for supporting the
observance of Colorectal Cancer Awareness Month. The potential deadly
effects of colorectal cancer should encourage Americans from all walks
of life to be tested and treated by their doctors. Colorectal cancer is
the third most common form of cancer and the second leading cause of
cancer-related death in the Western world. As such, colorectal cancer
causes 655,000 deaths worldwide per year. Colorectal Cancer Awareness
Month must also raise public awareness for the need of colorectal
cancer testing for those Americans who are traditionally unable to
afford such screening and seek ways to alleviate this disparity. It is
imperative that Congress find a way to ensure every American at risk is
tested and treated in the early stages to prevent an even higher death
rate. Colorectal Cancer Awareness Month should be recognized by all
Americans to focus on the special opportunity to offer education on the
importance of early detection and screening.
I am proud to cosponsor this important legislation to support the
observance of March as Colorectal Cancer Awareness Month. I strongly
support H. Con. Res. 302 and urge all Members to do the same.
Mr. WYNN. Madam Speaker, I have no further requests for time, and
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Wynn) that the House suspend the rules and
agree to the concurrent resolution, H. Con. Res. 302.

[[Page 4519]]

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. WYNN. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________

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 3 o'clock and 20 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 (Mr. Welch of Vermont) at 6 o'clock and 30 minutes
p.m.

____________________

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings
will resume on motions to suspend the rules previously postponed.
Votes will be taken in the following order:
H.R. 3352, by the yeas and nays;
H.R. 2675, by the yeas and nays;
H. Con. Res. 302, 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.

____________________

HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS OF 2008

The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill, H.R. 3352, as amended,
on which the yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Abercrombie) that the House suspend the
rules and pass the bill, H.R. 3352, as amended.
The vote was taken by electronic device, and there were--yeas 308,
nays 60, not voting 62, as follows:

[Roll No. 147]

YEAS--308

Abercrombie
Ackerman
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachus
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Butterfield
Buyer
Calvert
Camp (MI)
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castle
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole (OK)
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
DeFazio
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doggett
Donnelly
Doyle
Drake
Dreier
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Fallin
Farr
Fattah
Ferguson
Filner
Forbes
Fortenberry
Foster
Frank (MA)
Frelinghuysen
Gallegly
Gerlach
Giffords
Gillibrand
Gohmert
Goodlatte
Gordon
Graves
Green, Al
Green, Gene
Hall (NY)
Hall (TX)
Harman
Hastings (FL)
Hayes
Heller
Herger
Herseth Sandlin
Higgins
Hill
Hinojosa
Hirono
Hodes
Holden
Holt
Hooley
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
King (NY)
Kirk
Klein (FL)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Moore (KS)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Musgrave
Nadler
Napolitano
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Petri
Platts
Porter
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Roybal-Allard
Ruppersberger
Ryan (OH)
Salazar
Sanchez, Linda T.
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stupak
Tanner
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tierney
Towns
Tsongas
Turner
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Weiner
Welch (VT)
Wexler
Wilson (NM)
Wilson (OH)
Wittman (VA)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)

NAYS--60

Aderholt
Akin
Barrett (SC)
Bartlett (MD)
Barton (TX)
Blackburn
Brady (TX)
Broun (GA)
Burton (IN)
Campbell (CA)
Carter
Chabot
Conaway
Culberson
Deal (GA)
Duncan
Everett
Flake
Foxx
Franks (AZ)
Garrett (NJ)
Gingrey
Goode
Hastings (WA)
Hensarling
Hoekstra
Inglis (SC)
Issa
Johnson, Sam
Jordan
King (IA)
Kline (MN)
Lamborn
Linder
Mack
Manzullo
Marchant
McCaul (TX)
McHenry
Miller (FL)
Moran (KS)
Myrick
Neugebauer
Paul
Pence
Pitts
Poe
Price (GA)
Royce
Ryan (WI)
Sali
Sensenbrenner
Sessions
Stearns
Sullivan
Tancredo
Tiberi
Wamp
Westmoreland
Wilson (SC)

NOT VOTING--62

Bachmann
Blunt
Boehner
Braley (IA)
Brown, Corrine
Cannon
Cantor
Coble
Conyers
Cubin
Davis (IL)
DeGette
Dicks
Dingell
Doolittle
Etheridge
Feeney
Fossella
Gilchrest
Gonzalez
Granger
Grijalva
Gutierrez
Hare
Hinchey
Hobson
Honda
Hulshof
Jefferson
Johnson (GA)
Kind
Kingston
Marshall
Mollohan
Moore (WI)
Moran (VA)
Murtha
Neal (MA)
Peterson (PA)
Pickering
Pomeroy
Pryce (OH)
Rangel
Reynolds
Rohrabacher
Rothman
Rush
Sanchez, Loretta
Sarbanes
Shadegg
Shuler
Stark
Sutton
Tauscher
Tiahrt
Udall (CO)
Udall (NM)
Upton
Waxman
Weldon (FL)
Weller
Whitfield (KY)

{time} 1856

Messrs. WAMP, WILSON of South Carolina, TANCREDO, BRADY of Texas, and
ISSA changed their vote from ``yea'' to ``nay.''
Messrs. HERGER and JONES of North Carolina changed their vote from
``nay'' to ``yea.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________

HALE SCOUTS ACT

The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill, H.R. 2675, as amended,
on which the yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Abercrombie) that the House suspend the
rules and pass the bill, H.R. 2675, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 370,
nays 2, not voting 58, as follows:

[[Page 4520]]

[Roll No. 148]

YEAS--370

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

NAYS--2

Frank (MA)

Woolsey

NOT VOTING--58

Bachmann
Braley (IA)
Brown, Corrine
Cannon
Coble
Cubin
Davis (IL)
DeGette
Dicks
Dingell
Doolittle
Etheridge
Fossella
Gilchrest
Gonzalez
Granger
Grijalva
Gutierrez
Hare
Hinchey
Hirono
Hobson
Honda
Hulshof
Jefferson
Johnson (GA)
Kind
Kingston
Marshall
Mollohan
Moore (WI)
Moran (VA)
Murtha
Neal (MA)
Peterson (PA)
Pickering
Pomeroy
Pryce (OH)
Rangel
Reynolds
Rohrabacher
Rothman
Rush
Sanchez, Loretta
Sarbanes
Shadegg
Shuler
Stark
Sutton
Tauscher
Tiahrt
Udall (CO)
Udall (NM)
Upton
Waxman
Weldon (FL)
Weller
Whitfield (KY)

{time} 1906

So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Ms. HIRONO. Mr. Speaker, on rollcall No. 148, had I been present, I
would have voted ``yea.''

____________________

SUPPORTING THE OBSERVANCE OF COLORECTAL CANCER AWARENESS MONTH

The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the concurrent resolution, H.
Con. Res. 302, on which the yeas and nays were ordered.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Wynn) that the House suspend the rules and
agree to the concurrent resolution, H. Con. Res. 302.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 371,
nays 0, not voting 59, as follows:

[Roll No. 149]

YEAS--371

[[Page 4521]]

Myrick
Nadler
Napolitano
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Petri
Pitts
Platts
Poe
Porter
Price (GA)
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Roybal-Allard
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Tancredo
Tanner
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiberi
Tierney
Towns
Tsongas
Turner
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Watson
Watt
Weiner
Welch (VT)
Westmoreland
Wexler
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)

NOT VOTING--59

Bachmann
Braley (IA)
Brown, Corrine
Cannon
Coble
Cubin
Davis (IL)
DeGette
Dicks
Dingell
Doolittle
Etheridge
Fossella
Gilchrest
Gonzalez
Granger
Grijalva
Gutierrez
Hare
Hinchey
Hobson
Honda
Hulshof
Jefferson
Johnson (GA)
Kind
Kingston
Lewis (GA)
Marshall
Mollohan
Moore (WI)
Moran (VA)
Murtha
Neal (MA)
Peterson (PA)
Pickering
Pomeroy
Pryce (OH)
Rangel
Reynolds
Rohrabacher
Rothman
Rush
Sanchez, Loretta
Sarbanes
Shadegg
Shuler
Stark
Sutton
Tauscher
Tiahrt
Udall (CO)
Udall (NM)
Upton
Waters
Waxman
Weldon (FL)
Weller
Whitfield (KY)

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Two minutes are remaining
on this vote.

{time} 1915

So (two-thirds being in the affirmative) the rules were suspended and
the concurrent resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________

COMMUNICATION FROM THE HONORABLE MARION BERRY, MEMBER OF CONGRESS

The SPEAKER pro tempore laid before the House the following
communication from the Honorable Marion Berry, Member of Congress:

Congress of the United States,

House of Representatives,

Washington, DC, March 14, 2008.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Dear Madam Speaker: This is to notify you formally,
pursuant to Rule VIII of the Rules of the House of
Representatives, that I have been served with a civil
subpoena, issued by the U.S. Court of Federal Claims, for
documents and testimony.
After consultation with counsel, I have determined that
compliance with the subpoena is consistent with the
precedents and privileges of the House.
Sincerely,
Marion Berry,
Member of Congress.

____________________

RECOGNIZING UNITED STATES ARMY SPECIALIST MONICA L. BROWN

(Ms. JACKSON-LEE of Texas asked and was given permission to address
the House for 1 minute and to revise and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, today I rise to introduce
legislation with my colleague, Ron Paul of Texas, that honors the
sacrifice and courage of a young Army soldier. This happens to be
Women's History Month, and this happens to be in honor of the heroic
deeds of U.S. Army Specialist, Monica L. Brown.
I believe this legislation is especially pertinent, given that March
is Women's History Month. Specialist Brown is the first woman in
Afghanistan, and only the second female soldier since World War II, to
receive the Silver Star, the Nation's third highest medal for valor.
This soldier from Lake Jackson, Texas is only 19 years old.
On April 25, 2007, Specialist Brown was part of a four-vehicle convoy
patrolling near Jani Kheil in the eastern province of Paktia on April
25, 2007, when a bomb struck one of the HUMVEES. When Specialist Brown
saw fellow soldiers were injured, she grabbed her aid bag and started
running toward the burning vehicle as insurgents opened fire, without
regard to herself.
All five wounded soldiers from her platoon scrambled out. Under this
commotion, she assessed her patients and moved them to a safer location
because they were still receiving fire.
The Pentagon says that they don't send women to the front lines, but
in Afghanistan and in Iraq there are no front lines.
She happens to be only the second woman to receive the Silver Star
since World War II. We honor her with this resolution, H. Con. Res.
320.
I ask my colleagues to join me in this resolution.
Mr. Speaker, I rise today to introduce legislation that honors the
sacrifice and courage of a young Army soldier. My colleague and fellow
Texan, Representative Ron Paul seeks to recognize the heroic deeds of
U.S. Army Specialist Monica L. Brown.
I believe this legislation is especially pertinent given that March
is Women's History Month. Spec. Brown is the first woman in Afghanistan
and only the second female soldier since World War II to receive the
Silver Star, the nation's third-highest medal for valor. This solider
from Lake Jackson, Texas is only 19 years old.
On April 25, 2007, Specialist Brown was part of a four-vehicle convoy
patrolling near Jani Kheil in the eastern province of Paktia on April
25, 2007, when a bomb struck one of the Humvees. When Spec. Brown saw
her fellow soldiers were injured, she grabbed her aid bag and started
running toward the burning vehicle as insurgents opened fire. All five
wounded soldiers from her platoon scrambled out. Under this commotion,
she assessed her patients and moved them to a safer location because
they were still receiving incoming fire.
The Pentagon's official policy is to prohibit women from serving in
front-line combat roles in the infantry, armor or artillery, but the
nature of the wars in Afghanistan and Iraq, with no real front lines,
has seen women soldiers take part in close-quarters combat more than
previous conflicts.
According to the Army four Army nurses in World War II were the first
women to receive the Silver Star, though three nurses serving in World
War I were awarded the medal posthumously in 2007. Sgt. Leigh Ann
Hester, of Nashville, Tenn., was the first to receive the Silver Star
in 2005 along with two fellow male soldiers for her gallantry during an
insurgent ambush on a convoy in Iraq.
The Army has stated that Spec. Brown's ``bravery, unselfish actions
and medical aid rendered under fire saved the lives of her comrades and
represents the finest traditions of heroism in combat.''
This legislation is not about condoning the wars in Afghanistan or in
Iraq. This legislation is about us supporting and honoring our troops.
It is about this Nation's children fighting for the rights of all of us
in places we do not dare to go, under environments we cannot fully
appreciate from this comfortable position.
Spec. Brown reminds us that our youth are fighting in this war, our
mothers and daughters are fighting in this war, and they deserve to be
recognized for their achievements. However, we not only recognize the
sacrifice and courage of Spec. Brown, of even just the brave acts of
her fellow soldiers, marines, and airmen. We must also recognize the
families of our military. Spec. Brown's grandmother said she was the
proudest Grandmother in all of Lake Jackson, Texas, when she learned of
her granddaughter's heroism. We should all be as proud of our young men
and women as Spec. Brown's grandmother. In being proud of them, we are
not condoning the Administration, we are recognizing their efforts and
their belief in what they have been tasked to do.
We sit in these chambers and discuss the idea of war, and the
economic costs to the Nation. However, our men and women in Afghanistan
and Iraq are dealing with the realities of war everyday.
I am proud of Specialist Monica L. Brown, Texas is proud of Monica L.
Brown, and this country should be proud of Monica L. Brown. She thought
first of her fellow soldiers and not of the harm that may come her way.

[[Page 4522]]

Mr. Speaker, I encourage my colleagues to join Representative Ron
Paul and myself in recognizing a true hero, a solider, a daughter of
Texas, with this legislation.

____________________

THE RIGHT TO BEAR ARMS

(Mr. POE asked and was given permission to address the House for 1
minute.)
Mr. POE. Mr. Speaker, the Bill of Rights confers liberties on
individuals to protect us from government power. Nowhere is this more
apparent than in the second amendment. It states, ``A well-regulated
militia, being necessary to a free state, the right of the people to
keep and bear arms shall not be infringed.''
The second amendment confers two rights; it allows individuals to
bear arms, and it allows for a state militia, or the National Guard.
There are several reasons for the second amendment. But notice the
phrase, ``the right to bear arms.'' This is a military term. The
colonists, who all owned firearms, were somewhat fearful of a strong
Federal Government that would be oppressive and totalitarian. So it
seems they wanted the right to protect themselves, individually and
also collectively, through militias from not only outlaws but an outlaw
Federal Government.
As the Supreme Court decides if the government can ban gun ownership,
it would do well to adopt a lower court opinion which said, ``The right
to bear arms was premised on the private use of arms for activities
such as hunting and self-defense; the latter being understood as a
resistance to either private lawlessness or the depredation of a
tyrannical government.''
And that's just the way it is.

____________________

CONGRATULATING THE UNIVERSITY OF MEMPHIS TIGERS

(Mr. COHEN asked and was given permission to address the House for 1
minute.)
Mr. COHEN. Mr. Speaker, as most everybody in America knows, this is
March Madness, and March Madness is a wonderful experience when people
cheer for their basketball teams and watch great athletes compete for
the national championship.
One of the teams competing in San Antonio for the national
championship will be the University of Memphis Tigers, my home
university and my alma mater. We are extremely proud of the University
of Memphis. And in Tennessee, it was 173 years ago that a great group
of Tennesseeans, including my predecessor from the Western District of
Tennessee, Davy Crockett, went to the Alamo. This time, Mr. Speaker,
it's going to be a different story. Tennesseeans will win, have a
victory in San Antonio, and your Congressman who is in the House will
come back to the House.

____________________

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.

____________________

CORPORAL SCOTT A. McINTOSH--TEXAS WARRIOR

The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
Mr. POE. Mr. Speaker, the youth of our Nation have always been
willing to volunteer and take care of the rest of us in times of war.
Sometimes those young men and women give their lives for the rest of
us. United States Army Corporal Scott A. McIntosh, of Humble, Texas,
was one of those noble few. He was killed in Iraq on March 10, 2008 by
a suicide bomber, and he was awarded the Purple Heart and the Bronze
Star.
Not only was he a loyal and courageous soldier, but he was a beloved
son, a caring brother and a friend to many.
His life was special not just because of how he died, but also
because of how he lived. He was both the kid next door and a proud
soldier defending this Nation.
He was born on February 4, 1982 in Humble, Texas, and he graduated
from Cypress High School in 2001. After trying college for a little
while he decided it wasn't ready for him, and he joined the United
States Army. He was assigned to the 1st Battalion, 64th Armor Regiment,
2nd Brigade Combat Team, 3rd Infantry Division, in Fort Stewart,
Georgia. He re-enlisted for three more years when his first tour of
duty was over.
His parents, Alex and Gwenn McIntosh, did an excellent job raising
such a fine son. His family described Scott as someone who loved
people. His mission in life was to meet and make friends with every
person he came in contact with. He shared his hearty laugh and always
had a smile to give. Scott always had a positive outlook on life. He
loved to hunt and fish in his spare time, but most of all he loved his
family, the Army, the country he lived in and his life.
His smile matched his fun-loving personality, which carried over into
everyday tasks, like work, with humorous results.
Eric McIntosh described his brother's comical attempt at being a golf
caddy. When Scott went to work, he said, ``it was like a scene right
out of the movie Caddy Shack. Scott barely showed up on time, still
tucking his shirt in his pants and tying his shoes, and he would grab
the golf bag and march down the fairway with all the clubs and balls
falling out all over the place.''
Scott would have fun with everything that he did and his joyful,
worry-free personality was contagious to those that knew him and
everybody around him. Not only did he love to laugh, but he truly cared
about others, especially his family in Texas.
Scott was always looking out for other people, and that's why he
joined the United States Army. He wanted to protect and serve those he
loved. And as the Good Book says in John 15:13, ``Greater love has no
man than this, that he lay down his life for his friends.'' Scott's
life was a shining example of this greater love which he demonstrated
for family, friends and country.
Scott went off to war because he was a faithful son of America. Over
Easter weekend this past weekend I had the opportunity to be in Iraq
with our troops. And Mr. Speaker, there is no finer military in the
long history of warfare than our troops that are in Iraq that proudly
wear the uniform of the American fighting man. Scott McIntosh was among
those elite fighting forces.
Scott's wonderful life is a huge loss to those that were close to
him. His father said, ``My family is devastated by this loss, and it is
something that we will have to carry with us for the rest of our lives.
At the same time, however, we are bursting with pride for our son's
service to this country. We understand the sacrifices required to keep
this country free. And Scott was the best son anyone could ever have
asked for. I will love and cherish him for the rest of my days.''
Mr. Speaker, this is a photograph of Scott McIntosh. He was a real
person and he was proud to wear the uniform of the United States
soldier.
In a moving speech at his brother's funeral, Eric told hundreds of
friends and family that he loved his big brother. He thanked Scott for
being such a good friend, a good son, a great person and the best
brother anybody could ever have.
In a final act of sacrifice for others, his family has established
the Scott McIntosh Memorial Fund. In the attack that took Scott's life,
four other soldiers were also killed. Three of them were married and
had small children. And the purpose of the fund will be to raise money
for those kids who lost their fathers that were soldiers in Iraq. Even
in death, the eternal spirit of Scott's love and care for others will
continue.
We do not forget, as a Nation, Corporal Scott A. McIntosh and all
those who sacrificed their lives on the altar of freedom. Scott's
memory will live on in the hearts and minds of friends and family,
while his life will always be an inspiration to Americans.
We can honor his sacrifice by following his example, to live life to
the fullest and to take care of those people around us.

[[Page 4523]]

In 1940, a reporter, right before the great World War II, made this
comment, he said, ``This nation will remain the land of the free only
so long as it is the home of the brave.''
Our country, Mr. Speaker, will long survive and live free because of
the likes of Scott McIntosh and his band of brothers.
And that's just the way it is.

____________________

{time} 1930
THE BIGGEST BURDEN OF THE IRAQ CONFLICT

The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
Ms. WOOLSEY. Mr. Speaker, I'm really glad to be back in the House.
I've been away for over 6 weeks because of back surgery. I've been
patched up, and I'm going to be just fine. I'm not worried about
myself. But I'm worried, and I hope every Member of the House is
worried about the hundreds of thousands of American soldiers and
civilians who have been injured in the conflict in Iraq.
Nearly 30,000, probably many, many more of our brave troops have been
wounded.
Many have injuries that will rack their bodies and their minds for
the rest of their lives.
Yet Vice President Cheney said last week that President Bush carries
the biggest burden of this conflict. Tell that to the widows and
widowers, Mr. Vice President. Tell that to the families who have been
devastated by the injuries to their loved ones. Tell that to the
children who see their mother or father in a hospital bed without a
limb or with a terrible head wound. Tell that to the veterans who have
not gotten the care they need and the care they deserve, the care we
promised them.
One of our soldiers in Iraq, Lieutenant Sean Walsh, wrote a piece for
Time magazine recently about the human costs of the occupation. He
wrote that his fellow soldiers have become his family and that three of
them have died. And he asked the question, ``What is worth the lives of
three of your loved ones?'' It is a good question.
And so I would like to ask every Member of this House who supports
the occupation the very same question: Is our occupation of Iraq worth
the lives of three of your loved ones?
We must also remember the Iraq civilians who have been injured. We
seem to forget them, and that is truly a disgrace. According to the
best estimates, anywhere from 80,000 to 150,000 civilians have been
injured. And the real number, the real number is certainly much, much
higher.
What kind of health care are they, the Iraqi civilians, getting? The
International Committee of the Red Cross reported last month that
public hospitals in Iraq now provide 30,000 beds. Mr. Speaker, that is
less than half of the 80,000 that are needed.
In addition, 2,200 doctors and nurses have been killed since the year
2003, and another 250 have been kidnapped. And the current conflict has
worsened the impact of the previous war and the years of international
sanctions. Of the 34,000 doctors registered in Iraq in 1990, 20,000
have fled the country, some by choice and others by force. What about
their burden, Mr. Vice President?
Meanwhile, the administration continues to play its cynical game with
troop levels. It is clear that the administration intends to keep
140,000 troops in Iraq until it leaves office in order to put an
artificial lid on this violence. That way, the outgoing administration
can say that it improved the security situation and that we are on the
road to victory in Iraq.
But the truth is, all that has been achieved is a temporary military
and political stalemate, new explosions of violence coming as I stand
here speaking on the floor of the House of Representatives.
And while we continue to be bogged down in a civil war in Iraq, a
conflict that began centuries before 9/11, the real enemy, al Qaeda,
grows stronger in its cozy, safe haven in Pakistan.
The administration is often criticized for not having an exit
strategy in Iraq. But in my view, the reason the President never had an
exit strategy is because he never intended to exit Iraq. Permanent
occupation has always been his game plan.
So, Mr. Speaker, it's up to the Congress to implement the will of the
American people and end the occupation with a responsible redeployment
of our troops. The best way to honor those who have died or have been
injured in this occupation is to ensure that more won't die and more
won't be injured.
That is why I will continue to speak up for our brave troops and for
the innocent Iraqis who are, despite what the Vice President may think,
the ones who are carrying the biggest burden.

____________________

SUNSET MEMORIAL

The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Arizona (Mr. Franks) is recognized for 5 minutes.
Mr. FRANKS of Arizona. Mr. Speaker, I stand, once again, before this
body with yet another Sunset Memorial. It is March 31, 2008, in the
land of the free and the home of the brave. And before the sun sets
today in America, almost 4,000 more defenseless, unborn children were
killed by abortion on demand. That's just today, Mr. Speaker. That is
more than the number of innocent American lives that were lost on
September 11 times 15,000, the total number that were lost on September
11.
It has now been exactly 12,852 days since the travesty called Roe v.
Wade was handed down. Since then, the very foundation of this Nation
has been stained by the blood of almost 50 million of our own children.
Some of them, Mr. Speaker, died and cried and screamed as they died.
But because it was amniotic fluid passing over the vocal cords rather
than air, we couldn't hear them.
All of them had at least four things in common. They were each just
little babies who had done nothing wrong to anyone. Each one of them
died a nameless and lonely death. And each of their mothers, whether
she realizes it or not, will never be the same. And all of the gifts
that these children might have brought to humanity are lost forever.
Yet, even in the full glare of such tragedy, this generation clings
to blind, invincible ignorance while history repeats itself and our own
silent genocide mercilessly annihilates the most helpless of all
victims to date: those yet unborn.
Mr. Speaker, perhaps it's important for those in this chamber to
remind ourselves again of why we are really all here. Thomas Jefferson
said, ``The care of human life and its happiness and not its
destruction is the chief and only object of good government.''
The phrase in the 14th amendment capsulizes our entire Constitution.
It says: ``No state shall deprive any person of life, liberty or
property without due process of law.''
Mr. Speaker, protecting the lives of our innocent citizens and their
constitutional rights is why we are all here. It is our sworn oath.
The bedrock foundation of this Republic is that clarion declaration
of the self-evident truth that all human beings are created equal and
they are endowed by their Creator with the unalienable rights of life,
liberty and the pursuit of happiness.
Every conflict our Nation has ever faced can be traced to our
commitment to this core, self-evident truth. It has made us the beacon
of hope for the entire world. It is who we are. And yet, Mr. Speaker,
another day has passed. And we in this body have failed again to honor
that foundational commitment. We failed our sworn oath, and we failed
our God-given responsibility as we broke faith with the nearly 4,000
more innocent American babies who died today without the protection
that we should have given them. And it seems so sad, Mr. Speaker, to me
that this Sunset Memorial may be the only remembrance that these
children who died today will ever have in this Chamber.
And so just as small a gesture as it might be, I would ask those who
are inclined for just a moment of silence at this time for these
little, lost Americans.

[[Page 4524]]

Mr. Speaker, let me conclude in the hope that perhaps someone new who
hears this Sunset Memorial tonight will finally realize that abortion
really does kill little babies, that it hurts mothers in ways that we
can never express and that 12,852 days spent killing nearly 15 million
children in America is enough and that the America that rejected human
slavery and marched into Europe to arrest the Nazi Holocaust is still
courageous and compassionate enough to find a better way for mothers
and their babies than abortion on demand.
So tonight, Mr. Speaker, may we each remind ourselves that our own
days in this sunshine of life are also numbered and that all too soon,
each of us will walk through these chambers for the very last time. And
if it should be that this Congress is allowed to convene on yet another
day to come, may that be the day when we finally hear the cries of the
innocent unborn. May that be the day when we finally find the humanity,
the courage, and the will to embrace together our human and our
constitutional duty to protect the least of these, our tiny American
brothers and sisters, from this murderous scourge upon our Nation
called abortion on demand.
Mr. Speaker, it is March 31, 2008, 12,852 days since Roe v. Wade
first stained the foundation of this Nation with the blood of its own
children. This, in the land of the free and the home of the brave.

____________________

ECONOMIC PLIGHT OF THE AMERICAN PEOPLE

The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
Ms. KAPTUR. Mr. Speaker, the American people are desperately
struggling to understand why our Federal Government is ignoring their
economic plight. The average price of gasoline now sits at $3.28 and it
is rising. Only a month ago, Americans paid $3.16. A year ago, they
paid $2.67. Months away from the peak of the summer driving season, the
American people can expect to see this trend get only worse.
In 1996, the United States began its plunge into nearly total
dependence on imported petroleum. With 10 years of oil deficits
continuing to plague our economy, we have spent too much time talking
and not enough time acting. Our lack of energy independence translates
into a true loss of liberty.
Since the Bush administration assumed office, our Nation is importing
a billion more barrels of petroleum a year. A billion barrels more. By
2007, the trade deficit of oil imports had risen to $293 billion,
accounting for a third, over a third, of the total $815 billion U.S.
trade deficit.
This last statistic is truly sobering. But for this year of 2008, 51
percent of the total U.S. trade deficit, over half, is now the result
of imported oil. Over half of our structural trade deficit flows
directly from the increasing cost of oil.
Again, this equals dependence for America, not independence. It is an
abrogation of our birthright as a Nation to allow us to continue in
this position.
Based on 2007 numbers, the United States is adding $808 million a day
to the trade deficit just from our imbalance in oil. The rising cost of
oil added an estimated $50 billion to the Nation's trade deficit in
2006 and, on top of that, another $28 billion in 2007.
Our country imported 4.8 billion barrels of oil in total energy-
related products in 2007 valued at $319 billion. Imagine if we would
have been able to spend those dollars here at home what an injection
that would be into this economy with the value of the dollar falling,
so much related to imports, the economy tanking, the housing market in
freefall and Americans feeling the true pinch of all of this. Our
government here in Washington has not provided the leadership needed to
end this plunge into national subservience.
The solution is clear: energy independence now. First, we have to
look to our natural resources and pass a good farm bill to unleash the
power of the earth and nature as a key part of the solution. And while
there has been plenty of talk from our President about energy
independence, the insistence on vetoing a bill, that does not live
within artificial budget limits that he has declared, is an absurdity
that threatens to destroy our progress. A good farm bill invests in
rural America, providing an investment in infrastructure and research,
including the energy technologies of tomorrow.
Second, we must continue to rely on the advanced research technology
organized by the National Renewable Energy Lab and give this lab the
resources to define and help redefine our new energy future. We need no
less a commitment than we envisioned when we created NASA and space
exploration. With that came security, and now we need energy security.
It is that high a priority. This Congress, this President should be
working to that end.
And third, we must pass legislation to fund the energy bill that
passed the House last year, and then again this year, and call on our
brethren in the other body to take action.
Unless we commit to providing leadership to transform our economy,
this discussion remains the rhetoric of the last century really leaving
us with a confused and unfulfilled daydream that has repeated itself
for the last three decades.
As the American people face $4 gasoline and see our wealth drained
from us, we must take a new course. We are past the point of words.
Real deeds are required. And we must stop our economic hemorrhaging and
begin investing in our own Midwest, in our own country, not the Middle
East, and pass on a free republic to our posterity worthy of the
sacrifices of our founders and all those who gave their all in
freedom's cause.
Liberty's call in this new century demands energy independence now.

____________________

{time} 1945
SALUTING JORDAN LEEN, NATIONAL CHAMPION

The SPEAKER pro tempore (Mr. Welch of Vermont). Under a previous
order of the House, the gentleman from Tennessee (Mr. Wamp) is
recognized for 5 minutes.
Mr. WAMP. Mr. Speaker, I rise tonight because every now and then a
person's story will so inspire us that the example is set for all young
people to look up to, to follow in their footsteps. And that happened 9
days ago to a young man from East Tennessee whom so many people are so
very proud of today.
His name is Jordan Leen. And 9 days ago, in the 157 pound weight
class at Cornell University, Jordan Leen achieved his life's ambition
of becoming a national champion. Among all universities from sea to
shining sea, against some very difficult odds, this young man became a
national champion.
He has moved up weight classes in his last couple of years at Cornell
until he got comfortable and didn't have to lose weight to wrestle. So
this is probably about his natural weight. He's what my son would call
a ``beast.'' I've seen him in all ways of his life.
He beat the number one seed, even though he was seeded eighth going
into the tournament in the quarter finals, and he beat the number two
seed in the finals just 3-2 in the most hard-fought match you've ever
seen. And it was glorious. It was electric. He was distinguished
through his high school career. And I want to focus on three things
that made Jordan Leen a champion so others can look up to him and know
that these are some of the ingredients for success.
One is family. His father, Mark; his mother, Tammy; his sisters,
Andrea and Tara, they're a unit. The scriptural principle is that a
cord of three strands is not easily broken; and with the Leens, a cord
of five strands is not broken. They're a unit. They're a team. I know
this because this young champion grew up across the street from me. He
and my son, Weston, are best friends. This was a glorious moment not
just in my family's life but in all of these Tennesseeans' because this
family was represented on the mat in front of the national ESPN
audience a week ago Saturday, and we all took joy in

[[Page 4525]]

this accomplishment from this fighter. He had been sick the week of the
national championship, but he battled through that to become a national
champion.
Ingredient number two, a foundation. He got it at the Baylor School
with an outstanding wrestling program, an incredible tradition, and the
foundation was there for him to become a collegiate athlete and a
scholar athlete. He was the greatest wrestler in the history of the
State of Tennessee by anyone's standard: a 4-year State champion; 215
victories; 9th, 10th, 11th, and 12th State champion all the way through
high school at the Baylor School. He had the foundation from the
program, and Baylor School is proud.
And, third, faithfulness. He was faithful through the years. He had a
goal and he stuck with it. His work ethic was greater than anyone's. He
worked out harder. He fought harder. He suffered more through injuries.
He was faithful all the way through. His father in the account said
that that whole week of the championship he knew something was
different because Jordan had turned the week over to the Lord. He was
faithful. He gave it to God and said, I'm here to do my best. I'm sick,
but I am here to do my best. And he was honored. And he was faithful.
He's an incredible young man. He's an inspiration to all. He's an
excellent student, making a 3.3 at Cornell in pre-med, and a national
collegiate champion in the 157 pound weight class.
Jordan Leen, East Tennessee salutes you. You're one of the greatest
athletes in the history of our region. You have reached the climax, but
you're still the same guy. And we love you for the example you have set
for young people.
Young people, if you want to be a student athlete, follow Jordan
Leen. Follow Jordan Leen.
Thank you, Jordan. Your family loves you, and we salute you on the
floor of the House tonight.

____________________

STAFF SERGEANT MATTHEW MAUPIN

The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Ohio (Mrs. Schmidt) is recognized for 5 minutes.
Mrs. SCHMIDT. Mr. Speaker, I rise tonight to offer my sincere
condolences to the family of Staff Sergeant Keith Matthew Maupin.
Yesterday, Keith and Carolyn Maupin learned that the United States Army
had positively identified the remains found last week in Iraq as that
of their son, Matt Maupin. After nearly 4 years of suffering the
torment of not knowing the status of their missing son, I pray that
this news may bring some closure to the Maupins and allow them to begin
to mourn their loss and celebrate the life that Matt lived.
Keith Matthew Maupin was born in Batavia, Ohio, on July 13, 1983, and
was a student at Glen Este High School in Union Township, Clermont
County, Ohio, where he played football and was a rower on the county's
high school crew team. Matt graduated in 2001 and enrolled in the
University of Cincinnati's Aerospace Engineering Program. He joined the
United States Army Reserve in 2002, attending basic training at Fort
Jackson, South Carolina, and completed his advanced individual training
at Fort Leonard Wood, Missouri, in the spring of 2003.
After completing his training, Matt continued his studies at the
University of Cincinnati while fulfilling his obligations as an Army
reservist. In November 2003, Matt received orders to transfer to the
recently mobilized 724th Transportation Company based out of
Bartonville, Illinois. Matt and the 724th arrived in Kuwait on February
20, 2004. The following month Matt's unit was moved to the Logistics
Support Center Anaconda in Balad, Iraq, to begin missions delivering
fuel to various coalition bases.
On April 9, 2004, Matt's convoy was ambushed near Baghdad
International Airport. The convoy came under fire from small arms,
RPGs, and mortar fire. When the convoy was able to move clear of the
attack, it was found that nine people were unaccounted for. Later, five
civilians and one soldier were found dead, presumed to have been killed
during the ambush. One civilian driver had been taken hostage during
the ambush but managed to escape his captors a few weeks later. Matt
and one civilian contractor remained missing.
On April 16, 2004, Matt appeared in a videotaped broadcast aired on
al Jazeera television surrounded by his armed captors. During the brief
interview, Matt identified himself as Private First Class Keith Matthew
Maupin. From that day forward, Matt's status was listed as a prisoner
of war. And the men and women of the Armed Forces, as well as those
from various Federal agencies, worked tirelessly to find Matt and
secure his return.
The Army has a creed. And within that creed there are four stanzas
referred to as the warrior's ethos. This ethos is the standard by which
all soldiers conduct themselves. They read as follows:
I will always place the mission first. I will never accept defeat. I
will never quit. I will never leave a fallen comrade.
I believe that it was these four stanzas that directed and guided the
search for Matt. The mission was to find Matt and return him to his
family. I thank Secretary Gates, Secretary Geren, General George Casey,
General Petraeus, and all the leaders in the Multi National Forces-Iraq
and Joint Special Forces Command for making the mission of finding Matt
the number one priority in this Nation. I also think it's important
that we thank all the soldiers, sailors, Marines, and airmen who
patrolled the streets of Iraq every day refusing to accept defeat,
refusing to quit, and refusing to leave behind our fallen Matt.
I would also like to thank General Jim Campbell, recently retired,
who visited with the Maupins on numerous occasions, providing them with
updates on the status of the search for Matt. I would also like to
thank Major General Galen Jackman and Joe Guzowski for their efforts to
keep me informed on the details of their search.
It has been almost 4 years since Matt went missing in Iraq, and
through the joint efforts of all these extraordinary people, Matt can
finally come home. As Matt's father told me, ``Matt is coming home. He
has completed his mission.'' My thoughts and prayers are with his
family and his friends. Their torment is replaced with a broken heart,
and I ask this Nation to pray that that heart is healed.
May God bless Matt and Matt's family, and may Matt rest in peace.

____________________

THE DEMOCRATS' ``MAGIC PLAN'' TO LOWER GAS PRICES HAS NOT WORKED

The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Georgia (Mr. Westmoreland) is recognized for 5 minutes.
Mr. WESTMORELAND. Mr. Speaker, this morning the price of a barrel of
oil fell to $105 after hitting an all-time high of nearly $112 in the
middle of March. Less than 2 years ago, the Democrats promised
Americans that they had a magic plan for lowering gas prices, but since
they have been in control of Congress, prices have simply gone higher
and higher. But at the time, those prices were enough to alarm
Americans when Republicans were in the majority.
On the floor of the House and on the campaign trail in districts
throughout the Nation, the Democrats seized on those anxieties and
pointedly blamed the Republican White House and Congress for rising gas
prices. Time and time again, they said they had a magic formula for
lowering the cost.
On April 16, 2006, the then-minority leader Nancy Pelosi said in a
press release, ``The Republican rubber stamp Congress has passed two
energy bills, costing taxpayers $12 billion for giveaways to big oil
companies. But the Republican bills clearly have done nothing to lower
gas prices, as the price of a barrel of oil has settled above $70 a
barrel, the highest price in our history.'' The release went on to say,
``Democrats have a plan to lower gas prices.''

[[Page 4526]]

Then the next week another Pelosi release said, ``Democrats have a
commonsense plan to help bring down skyrocketing gas prices . . . ''
When in 2006 the House considered the energy bill to increase
domestic production, the Democrats took to this floor in outrage. A
Democrat congressman from California said on the floor about the
Republican energy bill of 2006, ``It is no wonder their initials are G-
O-P: gas, oil, and petroleum . . . It is time House Republicans join us
in providing some real relief to the American consumer.''
That same day a Democratic Member from Connecticut said, ``When it
comes to solving the energy crisis, President Bush and his Republican
Congress have no credibility. If they had only spent the last 5 years
working to reduce demand,'' like the Democrats have proposed, ``by
raising fuel standards, rolling back the billions of dollars in tax
breaks and royalty relief to the big oil companies, and if they were
about promoting alternative fuels, as the Democrats have proposed, we
might today be on the road to energy independence instead of bracing
ourselves for $4 gas prices.
Let me put this rhetoric into context, Mr. Speaker. When the
Democrats took over both Houses of Congress in January of 2007, gas
prices that month ranged from $50 to $60 a barrel for oil. But at the
end of 2007, the Democrats' magic plan for lowering gas prices
apparently hasn't worked out because today oil is closing at over $100
a barrel.
But wait, Mr. Speaker. It gets even crazier. A House Appropriations
subcommittee this week will be looking at raising gas taxes 25 to 40
cents a gallon.

{time} 2000

Seems to me that that makes prices go up 25 to 40 cents a gallon. But
what do I know? I've never professed to understand the Democrats' magic
formula for lowering gas prices.
On gas prices, as on earmarks, spending, and ethics, the Democrats
ran as the Great Crusaders. But they've governed as the Great
Pretenders. Democrats have proposed nothing that would do anything but
raise gas prices at the pump. Just last month, the House Democrats
passed another ``no-energy'' energy bill in the form of an $18 billion
tax increase on American energy. This marks the fourth time the
Democrats have held a vote to raise energy taxes. This sort of agenda
will only slow the economy by discouraging domestic energy production
and increasing our dependence on foreign nations for our energy.
Our Nation needs energy production to keep our competitive edge in
the global marketplace. We all want to achieve breakthroughs in
alternative energies that will have a growing importance in the future.
But we can't pretend that oil isn't by far the most important fuel in
our economy. We have to increase domestic production. We need to give
American companies incentive to produce, rather than demonizing them
for providing a commodity that our livelihoods depend on.
Let's put American ingenuity to work in the field. And let's put the
Democrat's magic formula back on the shelf.

____________________

WOMEN'S HISTORY MONTH

The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Texas (Ms. Jackson-Lee) is recognized for 5 minutes.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise tonight in honor of
women's history month, and to pay tribute to the countless mothers and
grandmothers, sisters and daughters, friends and neighbors that are
active across our communities, cities, and our Nation. Women who
inspire us, who are the conscience of our communities, and, most of
all, women who are the unsung heroes of our shared historical past.
In the early days of our great Nation, women were relegated to
second-class status. Women were considered sub-sets of their husbands,
and after marriage they did not have the right to own property,
maintain their wages, or sign a contract, much less vote. It was
expected that women be obedient wives, never to hold a thought or
opinion independent of their husbands. It was considered improper for
women to travel alone or to speak in public.
The fight for women's suffrage was formally begun in 1848, and, in
1919, after years of petitioning, picketing, and protest parades, the
Nineteenth Amendment was passed by both houses of Congress and in 1920
it became ratified under the presidency of Woodrow Wilson.
However, the right to vote did not give women equal rights, and
subsequent decades saw an ongoing struggle for equality. A major
success came in with Title IX of the Education Amendments of 1972, also
known as the Patsy T. Mink Equal Opportunity in Education Act, in honor
of its principal author. This law, enacted on June 23, 1972, states
``No person in the United States shall, on the basis of sex, be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any education program or activity
receiving Federal financial assistance.''
Title XI, introduced by Congresswoman Patsy Mink (also notable as the
first Asian American woman elected to Congress), has opened the doors
to countless educational activities, perhaps most prominently high
school and collegiate athletics, to women. Congresswoman Mink's legacy
lives on as, each year, hundreds of women across the Nation participate
in NCAA athletics, learn teamwork and perseverance, earn scholarships
enabling them to study at college, and enjoy equal footing with men in
the academic arena.
Mr. Speaker, I am proud to pay tribute to the women, local heroes, of
my district. Women like Ramona Tolliver, long time Fifth Ward resident,
former Precinct Chair, founding board member of Fifth Ward Community
Redevelopment Corporation, member of Our Mother of Mercy Catholic
Church, and member of the Metropolitan Organization member, who is
still actively advocating for her community. Women like Nellie Joyce
Punch, long time Fifth Ward resident, retired educator at Phyllis
Wheatley High School, former Precinct Chair, founding board member of
Fifth Ward Community Redevelopment Corporation, member of Methodist
Church, also still actively working on behalf of her community. Both
Ms. Tolliver and Ms. Punch are active in Houston's Fifth Ward, where
they act as the conscience for the community, calling for change and
actively working to better our city.
Women like Dr. Charlesetta Deason, principal of Houston's DeBakey
High School for Health Professions. Dr. Deason helms a school that
offers students interested in science and health careers an alternative
to the traditional high school experience, located in the renowned
Texas Medical Center and boasting an ethnically diverse faculty and an
excellent introductory study of medicine.
Or women like Harris County Commissioner Sylvia Garcia, the first
Hispanic and first woman to be elected in her own right to the office.
Commissioner Garcia is active in the Houston community, and she has
served on more than 25 community boards and commissions, including the
San Jacinto Girl Scouts, the Houston Hispanic Forum, the American
Leadership Forum, the Texas Southern University Foundation and the
Institute of Hispanic Culture.
As a Nation, we have come a long way toward recognizing the important
role women play, not only in our local communities, but in our Nation
as a whole. Since 1917, when Representative Jeannette Rankin of Montana
became the first woman to serve in Congress, 243 more women have served
as U.S. Representatives or Senators. In 1968, Shirley Chisholm became
the first African American woman elected to Congress; I am now proud to
be one of 13 African American women serving in this body.
In addition, we are now, for the first time, under the leadership of
a woman Speaker of the House. Speaker Pelosi has led this Democratic
Congress in a New Direction, listening to the will of the American
people, as it was clearly expressed last November. We are also
currently in the midst of a groundbreaking Presidential campaign,
which, for the first time, sees a woman seriously vying for the
nomination of one of the two major political parties.
Mr. Speaker, the great tragedy of women's history is that, many
times, the history of women is not written down. Too often, throughout
the course of history, the contributions of women have gone unrecorded,
unheralded, and are now forgotten. And so, Madam Speaker, during
Women's History Month, we do not stand here only to remember the
Eleanor Roosevelts, Harriet Tubmans, Barbara Jordans, and Rosa Parks,
women who are celebrated in our schools and history books, but also the
millions of female unsung heroes who built this Nation, and who made it
truly great.

[[Page 4527]]

I would like to pay special tribute to women, mothers, and
grandmothers across the country. In particular, I would like to draw
attention to the growing phenomenon of grandparents raising children.
As of 1996, 4 million children were being raised by their grandparents,
and statistics published the following year indicated that over one-
tenth of all grandparents provided the primary care for their
grandchildren for at least six months and typically much longer. These
numbers continue to grow, and these grandparents, generally ineligible
for financial or social support, often suffer greatly to provide a safe
and loving home for these children.
In addition, Mr. Speaker, we pay tribute to the brave women who serve
proudly in our Nation's military. We have come a long way since the
first American woman soldier, Deborah Sampson of Massachusetts, who
enlisted as a Continental Army soldier under the name of ``Robert
Shurtlief.'' Women served with distinction in World War II: 350,000
American women served during World War II, and 16 were killed in
action. In total, they gained over 1,500 medals, citations and
commendations. In December 1989, CPT Linda L. Bray, 29, became the
first woman to command American soldiers in battle, during the invasion
of Panama.
The war in Iraq marks the first time in American history that a
substantial number of the combat wounded are women. 350,000 women are
serving in the U.S. military--almost 15 percent of active duty
personnel, and one in every seven troops in Iraq is a woman. Women play
a role in nearly all types of military operation, and they have time
and time again demonstrated extreme bravery, courage, and patriotism.
I would particularly like to honor one our heroic daughters: Army SPC
Monica L. Brown. Brown is the first woman in Afghanistan and only the
second female soldier since World War II to receive the Silver Star,
the Nation's third-highest medal for valor. Army SPC Monica Brown was
part of a four-vehicle convoy patrolling near Jani Kheil in the eastern
province of Paktia on April 25, 2007, when a bomb struck one of the
Humvees. After the explosion, in which five soldiers in her unit were
wounded, Brown ran through insurgent gunfire and used her body to
shield wounded comrades as mortars fell less than 100 yards away. Army
Specialist Brown, a native Texan, represents the best of our Nation's
fighting men and women, and she clearly demonstrates that the admirable
qualities of patriotism, valor, and courage know no gender.
Mr. Speaker, Women's History Month is an opportunity for all
Americans to reflect on the women who have built, strengthened, and
maintained this great Nation. Women who have often gone unrecognized,
unheralded, and unlauded for their great achievements, sacrifices, and
contributions. I ask my colleagues to join me in paying tribute to the
women in their communities, in their families, and in their lives.

____________________

FISA

The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from Texas (Mr. McCaul) is recognized
for 60 minutes as the designee of the minority leader.
Mr. McCAUL of Texas. Forty-five days ago, the Protect America Act
expired. Forty-five days ago, we began to lose critical intelligence
overseas that could help better protect this Nation. Forty-five days
ago, al Qaeda began to have the upper hand in this war on terror.
Forty-five days ago, we started to go dark in parts of the world. Why?
Because the Democratic leadership will not allow this body to vote to
make the Protect America Act permanent, as the Senate did many months
ago.
Mr. Speaker, this is a dangerous and reckless partisan play with the
safety of the American people. It endangers the American people, both
here at home and the warfighter abroad. We took an oath of office when
we were sworn in to protect and defend the Constitution against all
enemies, foreign and domestic. These are the foreign enemies. We are
talking about foreign terrorists in a foreign country communicating
foreign communications. This has nothing to do with the United States
citizens. And yet, what the Democrats are allowing is to extend
constitutional protections to people like Osama bin Laden and Khalil
Sheikh Mohammad, al Qaeda leaders who are communicating about how they
can perpetrate an act of evil like on September 11th.
Mr. Speaker, there is a reason why this has not occurred since 9/11.
It is because we have had good intelligence. Good intelligence is the
best weapon we have in this war on terror. Without good intelligence,
we cannot protect this Nation. And this is what this debate is all
about. We all remember where we were on this day. But many of us don't
remember where we were when the London arrests were made to stop
airplanes from being blown up over the United States. Many of us don't
remember the countless acts of heroism our intelligence community has
performed in protecting the American people from plots against the
United States.
I, myself, when I worked at the Justice Department, worked on Foreign
Intelligence Surveillance Act warrants. They had to do with agents of
informed power in the United States. Through the use of good
intelligence overseas, without having to go through the FISA Court, we
were able to stop a terrorist plot to blow up 10 American cities on the
4th of July. The voice that was intercepted said, ``Roast the Americans
on Independence Day.''
Mr. Speaker, this is real. This is a real-life threat to the American
people. You don't have to take my word for it. I want to read for you a
letter that was sent to the chairman of the Intelligence Committee, Mr.
Reyes, from the Attorney General and the Director of National
Intelligence about the expiration of the Protect America Act. What he
says, he says, ``Our experience since Congress allowed the Protect
America Act to expire without passing a bipartisan Senate bill,'' the
bipartisan bill that was passed overwhelmingly in the Senate, that
Senator Rockefeller supported, he says, ``demonstrates why the Nation
is now more vulnerable to a terrorist attack and other foreign
threats.''
He explained that both the Attorney General and the Director of
National Intelligence say in this letter to Chairman Reyes that the
expiration of the authorities in the Protect America Act would plunge,
would plunge critical intelligence programs into a state of
uncertainty, which could cause us to delay the gathering of, or simply
miss critical foreign intelligence information, and then underlined and
highlighted in this letter, they warn the chairman, the Democratic
chairman of the Intelligence Committee, that is exactly what has
happened since the Protect America Act expired 6 days ago without
enactment of the bipartisan Senate bill. We have lost intelligence
information this past week as a direct result of the uncertainty
created by Congress's, by Congress's failure to act.
What is the response from the Democrat leadership here in the House
in response to a letter that says that we have failed to act in the
Congress, a dereliction of duty, in my view, by Members of the House.
Steny Hoyer, the majority leader says, there really is no urgency.
Let's all just calm down. Intelligence agencies have all the tools they
need. Really? When the Director of National Intelligence says just the
opposite.
Chairman Silvestre Reyes says, you know, things will be just fine.
Things will be just fine. Tell the American people that if we get hit
again. Tell the three American soldiers who were kidnapped by
insurgents in Iraq, and because we had to get ``lawyered up'' and go
through a court in the United States because the time expired, one of
those soldiers was killed and two we have not heard from since. You
tell the families that there is no urgency and that things will be just
fine.
Winning this war on terror, as the 9/11 Commission said, has
everything to do with connecting the dots. But if we are not allowed to
collect the dots, there is no way we can connect the dots. That is what
this debate is all about. It's about being able to capture overseas
foreign intelligence by terrorists, by people who wish to do us harm,
who every day are hoping that this will happen again.
With that, I would like to yield to the gentlelady from New Mexico,
who has really led the fight in the House on this issue, Congresswoman
Heather Wilson from New Mexico. I would also be interested in your
account of when this intelligence gap, if you will, this

[[Page 4528]]

terrorist loophole first came to your attention.
With that, I yield.
Mrs. WILSON of New Mexico. I thank my colleague from Texas for
yielding the time. It was actually a year ago in May when I became
absolutely determined to get this fixed, and it was a result of a
series of cases in what I saw as a growing problem in intelligence
collection.
But so that people understand, in 1978 the Congress passed a law that
governed intelligence collection here in the United States, and it was
in response to a bunch of abuses that happened in the 1950s and the
1960s. Someone gave me a copy of a declassified memorandum signed by
Robert Kennedy and J. Edgar Hoover authorizing the wiretapping of
Martin Luther King. Intelligence agencies were involved in abuses and
violating the civil liberties of Americans in the 1950s and 1960s, and
this law in 1978 set up a special court called the Foreign Intelligence
Surveillance Court. They meet in secret session. But in order to listen
and to do a wiretap for the collection of foreign intelligence in the
United States, you need to get a warrant from this court.
The problem is that the law was written specific to the technology of
the time. 1978 was the year that I graduated from high school. The
telephone was connected to the wall in the kitchen. The Internet did
not exist. Cell phones were Buck Rogers stuff. At that time, almost all
international calls went over the air. They bounced off satellites. And
the law does not require a warrant to collect any of that information.
Almost all local calls were on a wire. And the focus was if you touched
a wire, you needed a warrant because that was presumed to be a local
call.
Now, technology has completely changed. There are over 220 million
cell phones in the United States. And now, almost all international
calls go over a wire or a fiberoptic cable, not bounced off of
satellites. So all of the foreign intelligence collection, foreign
intelligence information which we used to collect over the air, without
requiring any warrants at all, has migrated to wires; even more than
that, because of global telecommunications.
Telecommunications flow on the path of least resistance. So somebody
making a phone call from the Horn of Africa into Pakistan, let's say,
that call has a significant probability of actually being routed
through the United States. Even a call from northern Spain to southern
Spain may actually end up getting routed through the United States.
Early last year, there was a series of court decisions that found
that even if we are intending to listen to a foreigner in a foreign
country, if the point of access required touching a wire in the United
States, then you needed a warrant. This threw a complete monkey wrench
into intelligence collection. By the summer of last year, the Director
of National Intelligence has testified in open session that we had lost
two-thirds of our intelligence collection on terrorism.
The problem was becoming critical, and as a result, we passed
something called the Protect America Act in the first week of August
that said very clearly if you were in the United States, you needed to
get a warrant. If your target was outside of the United States, then
you did not need to get a warrant. It went back to the original
intention of the Foreign Intelligence Surveillance Act of 1978.
We worked through the backlog in the 6 months that that temporary act
was in place. Unfortunately, that act was allowed to expire on the 16th
of February, and now we have gone back to the old system for all new
tips and tips that are coming into the intelligence agencies. Anything
that was already under a warrant, was covered for a year. But
intelligence is a dynamic thing. There are new tips that come in every
day. It's a little bit like law enforcement. You're going after the bad
guys every day. There are things that happen and you get new tips and
new leads, and all of those new leads have to be dealt with under an
old and cumbersome system that does not allow America to keep pace with
the terrorists we are trying to track.
The key here is to prevent another terrorism attack, and our
strongest and most important tool in the war against terrorism is good
intelligence. If we can figure out what they are doing, we can stop
them. The key is to figure out what they are doing, and that means good
and timely intelligence.
I yield back to my colleague.
Mr. McCAUL of Texas. If I can ask the gentlelady that serves on the
Intelligence Committee, we are talking, are we not, about foreign
communications by a foreign target in a foreign country, but just
because of the new technology, that it may touch a wire in the United
States, it requires us to get attorneys to go before the FISA court to
get a warrant. Is that correct?
Mrs. WILSON of New Mexico. That is correct. Under the law that we are
trying to get passed, that passed the Senate by a bipartisan vote with
68 votes, it would not be required to get a warrant to listen to a
foreigner in a foreign country. Unfortunately, the leadership here in
the House will not allow that bill to come up for a vote.
Twenty-one Democrats, over 20 State Attorney Generals have asked the
leadership of this House to allow that bill to be brought up for a
vote.

{time} 2015

I think it would pass with an overwhelming, bipartisan majority.
So we have the liberal Democratic leadership thwarting the majority
of this House and compromising the safety and security of this country,
and I believe they are doing it largely at the behest of trial lawyers
who are eager to sue telephone companies, who can't defend themselves
in civil court without compromising the way we collect intelligence.
Mr. McCAUL of Texas. I thank the gentlewoman. So the threat is not
only to the safety of American lives, in my view it is a threat to
democracy. If this bill was allowed to come to the floor, it would pass
overwhelmingly, as it did in the Senate.
Briefly before I yield, the gentlewoman talked a lot about the
Foreign Intelligence Surveillance Act. I practiced law under that.
Admiral Inman, who is a supporter of mine, a friend in Austin, Texas,
was the Deputy Director of the CIA, Director of the NSA. He was one of
the principal authors of the FISA statute. When we talked about the
application of this, having to apply the FISA overseas to foreign
terrorists, that we are extending constitutional protections to
terrorists in foreign countries, what he said, and he wrote an op-ed
with me, he said, ``To apply FISA to monitoring foreign communications
of suspected terrorists operating overseas, such as Osama bin Laden and
other key al Qaeda leaders, turns the original intent of the FISA
statute on its head. Contrary to some of the rhetoric coming from the
Democrats, it is the members of al Qaeda, not American citizens, who
are the target of these intelligence gathering activities.''
As the gentlewoman mentioned, in my view the driving force behind
this dereliction of duty, this stopping democracy, is driven by a
narrow special interest, and that is the ACLU and the trial lawyers
pushing their agenda in a dangerous way that will put the American
people at grave risk.
With that, I would like to yield to my good friend, the gentleman
from Pennsylvania (Mr. Dent).
Mr. DENT. I would like to thank the gentleman from Texas and the
gentlewoman from New Mexico for their strong leadership and advocacy on
this critical national security issue. I think the colloquy engaged in
really does represent the essence of the issue.
Former Director Bobby Inman was just quoted saying that it seems that
there is greater concern around this Congress by a minority, frankly,
to grant constitutional protections to foreign terrorists, really at
the expense of protecting Americans.
I think we all know that is wrong. I think the colloquy you both just
engaged in, and I heard the frustration expressed in your voice, I
think that is also the frustration we are hearing from the American
people. The American people do believe that Washington

[[Page 4529]]

is broken, and I have said this many times. They are angry because
Congress is not getting things done on their behalf, and this issue is
just proof positive of this terrible failure.
It has been pointed out that we have a bipartisan agreement in the
Senate, 68 votes. We have more than a majority in this House to pass
this critical legislation, the Protect America Act. It will pass, if
only the Speaker will allow this legislation to come up for a vote.
They simply want us to put the national interests ahead of the special
interests.
As you pointed out, the most litigious among us in this society are
driving this issue and preventing the protection of the American
people. I think it is just wrong, and we all know it is wrong. The
bipartisan solution on FISA has been reached. There really are no more
excuses. It is time for this leadership of the House to take ``yes''
for an answer. It is time to get the job done.
It has been 45 days, 45 days, since the Protect America Act has
expired. Senator Rockefeller, the Chair of the Intelligence Committee
in the Senate, the Democrat from West Virginia, has made a plea, and I
am going to quote him. He said, ``What people have to understand around
here is that the quality of the intelligence we are going to be
receiving is going to be degraded. It is going to be degraded. It is
already going to be degraded as telecommunication companies lose
interest.'' That was Senator Rockefeller, not me.
The gentleman from Texas pointed out earlier too the letter that was
sent to the chairman of the House Intelligence Committee, Silvestre
Reyes, from the Director of National Intelligence, Mr. McConnell, and
Attorney General Mukasey, essentially saying something very, very
similar. I will read a quote from them in that letter of February 27,
2008. I will be happy to submit that letter for the Record here this
evening.
But I am going to quote what they said about the degradation of our
intelligence capabilities, pretty much agreeing with what Senator
Rockefeller said, a Democrat. What they said is, ``That is exactly what
has happened since the Protect America Act expired 6 days ago without
enactment of the bipartisan Senate bill. We have lost intelligence
information this past week as a direct result of the uncertainty
created by Congress' failure to act.'' That was 6 days after the act.
It is 45 days today.
They go on to say, ``Because of this uncertainty, some partners have
reduced cooperation. In particular they have delayed or refused
compliance with our requests to initiate new surveillances of
terrorists and other foreign intelligence targets under existing
directives issued pursuant to the Protect America Act.''
Mr. Speaker, I include the letter for the Record.

February 22, 2008.
Hon. Silvestre Reyes,
Chairman, House Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Chairman Reyes, the President asked us to respond to
your letter of February 14, 2008, concerning the urgent need
to modernize the Foreign Intelligence Surveillance Act of
1978 (FISA). Your assertion that there is no harm in allowing
the temporary authorities provided by the Protect America Act
to expire without enacting the Senate's FISA reform bill is
inaccurate and based on a number of misunderstandings
concerning our intelligence capabilities. We address those
misunderstandings below. We hope that you find this letter
helpful and that you will reconsider your opposition to the
bill passed last week by a strong bipartisan majority in the
Senate and, when Congress returns from its recess, support
immediately bringing the Senate bill to the floor, where it
enjoys the support of a majority of your fellow members. It
is critical to our national security that Congress acts as
soon as possible to pass the Senate bill.
Intelligence collection
Our experience since Congress allowed the Protect America
Act to expire without passing the bipartisan Senate bill
demonstrates why the Nation is now more vulnerable to
terrorist attack and other foreign threats. In our letter to
Senator Reid on February 5, 2008, we explained that: ``the
expiration of the authorities in the Protect America Act
would plunge critical intelligence programs into a state of
uncertainty which could cause us to delay the gathering of,
or simply miss, critical foreign intelligence information.''
That is exactly what has happened since the Protect America
Act expired six days ago without enactment of the bipartisan
Senate bill. We have lost intelligence information this past
week as a direct result of the uncertainty created by
Congress' failure to act. Because of this uncertainty, some
partners have reduced cooperation. In particular, they have
delayed or refused compliance with our requests to initiate
new surveillances of terrorist and other foreign intelligence
targets under existing directives issued pursuant to the
Protect America Act. Although most partners intend to
cooperate for the time being, they have expressed deep
misgivings about doing so in light of the uncertainty and
have indicated that they may well cease to cooperate if the
uncertainty persists. We are working to mitigate these
problems and are hopeful that our efforts will be successful.
Nevertheless, the broader uncertainty caused by the Act's
expiration will persist unless and until the bipartisan
Senate bill is passed. This uncertainty may well continue to
cause us to miss information that we otherwise would be
collecting.
Thus, although it is correct that we can continue to
conduct certain activities authorized by the Protect America
Act for a period of one year from the time they were first
authorized, the Act's expiration has and may well continue to
adversely affect such activities. Any adverse effects will
result in a weakening of critical tools necessary to protect
the Nation. As we explained in our letter to Senator Reid,
expiration would create uncertainty concerning:
The ability to modify certifications and procedures issued
under the Protect America Act to reflect operational needs
and the implementation of procedures to ensure that agencies
are fully integrated protecting the Nation;
The continuing validity of liability protection for those
who assist us according to the procedures under the Protect
America Act;
The continuing validity of the judicial mechanism for
compelling the assistance of private parties needed to
protect our national security;
The ability to cover intelligence gaps created by new
communication paths or technologies.
Our experience in the past few days since the expiration of
the Act demonstrates that these concerns are neither
speculative nor theoretical: allowing the Act to expire
without passing the bipartisan Senate bill has had real and
negative consequences for our national security. Indeed, this
has led directly to a degraded intelligence capability.
It is imperative that our intelligence agencies retain the
tools they need to collect vital intelligence information. As
we have explained before, the core authorities provided by
the Protect America Act have helped us to obtain exactly the
type of information we need to keep America safe, and it is
essential that Congress reauthorize the Act's core
authorities while also extending liability protection to
those companies who assisted our Nation following the attacks
of September 11, 2001. Using the authorities provided in the
Protect America Act, we have obtained information about
efforts of an individual to become a suicide operative,
efforts by terrorists to obtain guns and ammunition, and
terrorists transferring money. Other information obtained
using the authorities provided by the Protect America Act has
led to the disruption of planned terrorist attacks. The
bipartisan Senate bill would preserve these core authorities
and improve on the Protect America Act in certain critical
ways, including by providing liability protection to
companies that assisted in defending the country after
September 11.
In your letter, you assert that the Intelligence
Community's ability to protect the Nation has not been
weakened, because the Intelligence Community continues to
have the ability to conduct surveillance abroad in accordance
with Executive Order 12333. We respectfully disagree.
Surveillance conducted under Executive Order 12333 in a
manner that does not implicate FISA or the Protect America
Act is not always as effective, efficient, or safe for our
intelligence professionals as acquisitions conducted under
the Protect America Act. And, in any event, surveillance
under the Protect America Act served as an essential adjunct
to our other intelligence tools. This is particularly true in
light of the changes since 1978 in the manner in which
communications are transmitted. As a result of these changes,
the Government often has been required to obtain a FISA Court
order prior to surveillance of foreign terrorists and other
national security threats located outside the Untied States.
This hampered our intelligence collection targeting these
individuals overseas in a way that Congress never intended,
and it is what led to the dangerous intelligence gaps last
summer. Congress addressed this issue temporarily by passing
the Protect America Act but long-term FISA reform is critical
to the national security.
We have provided Congress with examples in which
difficulties with collections under the Executive Order
resulted in the Intelligence Community missing crucial
information. For instance, one of the September 11th
hijackers communicated with a known overseas terrorist
facility while he was living in the Untied States. Because
that collection was conducted under Executive Order 12333,

[[Page 4530]]

the Intelligence Community could not identify the domestic
end of the communication prior to September 11, 2001, when it
could have stopped that attack. The failure to collect such
communications was one of the central criticisms of the
Congressional Joint Inquiry that looked into intelligence
failures associated with the attacks of September 11. The
bipartisan bill passed by the Senate would address such flaws
in our capabilities that existed before the enactment of the
Protect America Act and that are now resurfacing. We have
provided Congress with additional and detailed examples of
how the Protect America Act temporarily fixed this problem
and have demonstrated the operational need to provide a long-
term legislative foundation for these authorities by passing
the bipartisan Senate bill.
In your letter, you also posit that our intelligence
capabilities have not been weakened, because the Government
can employ the outdated provisions of FISA as they existed
before the Protect America Act. We respectfully disagree. It
was that very framework that created dangerous intelligence
gaps in the past and that led Congress to pass the Protect
America Act last summer.
As we have explained in letters, briefings and hearings,
FISA's requirements, unlike those of the Protect America Act
and the bipartisan Senate bill, impair our ability to collect
information on foreign intelligence targets located overseas.
Most importantly, FISA was designed to govern foreign
intelligence surveillance of persons in the United States and
therefore requires a showing of ``probable cause'' before
such surveillance can begin. This standard makes sense in the
context of targeting persons in the United States for
surveillance, where the Fourth Amendment itself often
requires probable cause and where the civil liberties of
Americans are most implicated. But it makes no sense to
require a showing of probable cause for surveillance of
overseas foreign targets who are not entitled to the Fourth
Amendment protections guaranteed by our Constitution. Put
simply, imposing this requirement in the context of
surveillance of foreign targets located overseas results in
the loss of potentially vital intelligence by, for example,
delaying intelligence collection and thereby losing some
intelligence forever. In addition, the requirement to make
such a showing requires us to divert our linguists and
analysts covering al-Qa'ida and other foreign threats from
their core role--protecting the Nation--to the task of
providing detailed facts for FISA Court applications related
to surveillance of such foreign targets. Our intelligence
professionals need to be able to obtain foreign intelligence
from foreign targets with speed and agility. If we revert to
a legal framework in which the Intelligence Community needs
to make probable cause showings for foreign terrorists and
other national security threats located overseas, we are
certain to experience more intelligence gaps and miss
collecting information.
You imply that the emergency authorization process under
FISA is an adequate substitute for the legislative
authorities that have lapsed. This assertion reflects a basic
misunderstanding about FISA's emergency authorization
provisions. Specifically, you assert that the National
Security Agency (NSA) or the Federal Bureau of Investigation
(FBI) ``may begin surveillance immediately'' in an emergency
situation. FISA requires far more, and it would be illegal to
proceed as you suggest. Before surveillance begins the
Attorney General must determine that there is probable cause
that the target of the surveillance is a foreign power or an
agent of a foreign power and that FISA's other requirements
are met. As explained above, the process of compiling the
facts necessary for such a determination and preparing
applications for emergency authorizations takes time and
results in delays. Again, it makes no sense to impose this
requirement in the context of foreign intelligence
surveillance of targets located overseas. Because of the
hurdles under FISA's emergency authorization provisions and
the requirement to go to the FISA Court within 72 hours, our
resource constraints limit our use of emergency
authorizations to certain high-priority circumstances and
cannot simply be employed for every foreign intelligence
target.
It is also inaccurate to state that because Congress has
amended FISA several times, there is no need to modernize
FISA. This statement runs counter to the very basis for
Congress's passage last August of the Protect America Act. It
was not until the passage of this Act that Congress amended
those provisions of FISA that had become outdated due to the
communications revolution we have experienced since 1978. As
we explained, those outdated provisions resulted in dangerous
intelligence gaps by causing constitutional protections to be
extended to foreign terrorists overseas. It is critical that
Congress enact long-term FISA modernization to ensure that
the Intelligence Community can collect effectively the
foreign intelligence information it needs to protect the
Nation. The bill passed by the Senate would achieve this
goal, while safeguarding the privacy interests of Americans.
Liability protection
Your assertion that the failure to provide liability
protection for those private-sector firms that helped defend
the Nation after the September 11 attacks does not affect our
intelligence collection capability is inaccurate and contrary
to the experience of intelligence professionals and to the
conclusions the Senate Select Committee on Intelligence
reached after careful study of the matter. It also ignores
that providing liability protection to those companies sued
for answering their country's call for assistance in the
aftermath of September 11 is simply the right thing to do.
Through briefings and documents, we have provided the members
of your committee with access to thei nformation that shows
that immunity is the fair and just result.
Private party assistance is necessary and critical to
ensuring that the Intelligence Community can collect the
information needed to protect our country from attack. In its
report on S. 2248, the Intelligence Committee stated that
``the intelligence community cannot obtain the intelligence
it needs without assistance'' from electronic communication
service providers. The Committee also concluded that
``without retroactive immunity, the private sector might be
unwilling to cooperate with lawful Government requests in the
future without unnecessary court involvement and protracted
litigation. The possible recution in intelligence that might
result from this delay is simply unacceptable for the safety
of our Nation.'' Senior intelligence officials also have
testified regarding the importance of providing liability
protection to such companies for this very reason.
Even prior to the expiration of the Protest America Act, we
experienced significant difficulties in working with the
private sector because of the continued failure to provide
liability protection for such companies. These difficultures
have only grown since expiration of the Act without passage
of the bipartisan Senate bill, which would provide fair and
just liability protection. Exposing the private sector to the
continued risk of billion-dollar class action suits for
assisting in efforts to defend the country understandably
makes the private sector much more reluctant to cooperate.
Without their cooperation, our efforts to protect the country
cannot succeed.
Pending legislation
Finally, as you note, the House passed a bill in November
to amend FiSA, but we immediately made clear that the bill is
unworkable and unacceptable. Over three months ago, the
Administration issued a Statement of Administration Policy
(SAP) that stated that the House bill ``falls far short of
providing the Intelligence Community with the tools it needs
to collect effectively the foreign intelligence information
vital for the security of the Nation'' and that ``the
Director of National Intelligence and the President's other
senior advisers would recommend that the President veto the
bill.'' We adhere to that view today.
The House bill has several grave deficiencies. First,
although numerous senior intelligence officials have
testified regarding the importance of affording liability
protection for companies that assisted the Government in the
aftermath of September 11, the House bill does not address
the critical issue of liability protection. Second, the House
bill contains certain provisions and serious technical flaws
that would fatally undermine our ability to collect
effectively the intelligence needed to protect the Nation. In
contrast, the Senate bill deals with the issue of liability
protection in a way that is fair and that protects the
national security. In addition, the Senate bill is carefully
drafted and has been amended to avoid technical flaws similar
to the ones in the House bill. We note that the privacy
protections for Americans in the Senate bill exceed the
protections contained in both the Protect America Act and the
House bill.
The Department of Justice and the Intelligence Community
are taking the steps we can to try to keep the country safe
during this current period of uncertainty. These measures are
remedial at best, however, and do not provide the tools our
intelligence professionals need to protect the Nation or the
certainty needed by our intelligence professionals and our
private partners. The Senate passed a strong and balanced
bill by an overwhelming and bipartisan margin. That bill
would modernize FISA, ensure the future cooperation of the
private sector, and guard the civil liberties we value. We
hope that you will support giving your fellow members the
chance to vote on this bill.
Sincerely,
Michael B. Mukasey,
Attorney General.
J.M. McConnell,
Director of National Intelligence.

Mr. DENT. I think that really says it all. Everybody agrees, both
Republican and Democrat alike agree that the intelligence product is
being degraded. This really isn't a partisan issue. It should not even
be an ideological issue. This is simply an issue of common sense, doing
what is right for the American people, putting their interests ahead of
the special interests.
With that, I would be happy to yield back to the gentleman from
Texas, because I know there are others who

[[Page 4531]]

would like to participate in this colloquy.
Mr. McCAUL of Texas. I appreciate the gentleman's comments. Yet when
it comes to national security, it should be bipartisan. We are
Americans first, before we are Republican or Democrat, yet there is a
special interest driving this agenda, as the gentleman mentioned. The
trial lawyers have filed a lawsuit in San Francisco against the
telecommunication companies, and I would like for the gentleman from
Pennsylvania maybe to expand a little bit on that.
I think most Americans don't quite understand how trial lawyers could
drive the agenda with the Democratic leadership such that they will be
placing the American people at grave risk and jeopardizing the safety
of Americans.
Mr. DENT. What I would respond is that the telecommunication
companies at the request of their government were asked to cooperate
and help us pursue terrorists. Obviously they have much of the
infrastructure that we need to pursue these terrorists.
I would have to put this whole issue under the category of ``no good
deed goes unpunished,'' where people who are acting in good faith to
help their government are now being sued for their efforts, again to
protect the most litigious elements of our society.
Because of that, because of the failure to provide a retroactive
immunity as contained in the Protect America Act, when we do not
provide that retroactive immunity, we know that these
telecommunications can no longer be good partners. Even though they
want to be helpful, they can't be. They have to protect themselves from
lawsuits. They have a fiduciary responsibility to their shareholders to
protect themselves and their organizations. I think that is really what
is driving us.
I would yield back to you, because you have been a distinguished
member of the bar, you are a former U.S. Attorney, so you understand
these issues probably better than just about anybody in this building.
Mr. McCAUL of Texas. I think we should be thanking these companies
for their patriotic service in a time of war, not slapping lawsuits on
them or putting the trial lawyers' interests above the warnings of the
Director of National Intelligence and the Attorney General. Not just
the U.S. Attorney General, but 25 State Attorneys General have signed a
letter calling upon this Congress to act and pass the Protect America
Act and make it permanent. So I would put more stock in the top law
enforcement leaders in 25 of our States and the U.S. Attorney General
over the special interests.
Mr. DENT. If the gentleman would yield briefly on that point, in fact
my own Attorney General of the Commonwealth of Pennsylvania, Tom
Corbett, came down to Washington to meet me and expressly asked me to
support the Protect America Act. He too, like you, was a U.S. Attorney,
and he was emphatic in his support for this legislation, and seemed a
bit incredulous that Congress would not provide these necessary tools
to our law enforcement and intelligence officials.
Mr. McCAUL of Texas. With that, I would like to yield to the
gentlewoman from Tennessee (Mrs. Blackburn) who sits on the Energy and
Commerce Committee, which has jurisdiction and deals with a lot of the
issues regarding telecommunications companies.
Mrs. BLACKBURN. I thank the gentleman from Texas for his leadership
on this issue, as well as the leadership that has come from the
gentlewoman from New Mexico and also the gentleman from Pennsylvania.
It is an issue that does need to be addressed. I would remind our
constituents who are watching that we are talking about the Foreign
Intelligence Surveillance Act, FISA. That is what it stands for.
As the gentlewoman from New Mexico said, the changes in technology
may mean that someone in the Horn of Africa who is calling in to a
Middle Eastern country, their call ends up being routed through this
country. What we are talking about is foreign intelligence and talking
about getting information, gathering that intelligence that will keep
Americans safe. As the gentleman from Pennsylvania said, our
constituents are wanting to know, are we in danger? Are we in danger?
Where is the next threat? Are you making certain that in our
communities, in our homes, in our neighborhoods, in our schools, that
we are going to be safe?
We were just discussing a bit about the trial bar and their part in
this issue, if you will. In mid-March I noticed an editorial in
Investors Business Daily and it was titled ``FISA Fix For Lawyers.''
Not my words, Investors Business Daily from a mid-March issue, ``FISA
Fix For Lawyers.''
Mr. Speaker, that kind of peaked my curiosity, so I read a bit about
it. Basically what it goes on to say is that pretty much this bill
could be considered an earmark for the trial bar.
Well, I did a little bit of investigating on that issue, once I read
that article, Mr. Speaker, and it seems that $72,440,904 had been given
to the Democrats by the trial bar this cycle so far. That was through
mid-March. So we will see what else happens with that figure.
But it appears, as we have just discussed the lawsuits that are filed
with the Ninth Circuit in San Francisco, that that may have a little
bit to do, Mr. Speaker, with why Investors Business Daily would write
an article and look at FISA as a fix for lawyers. Certainly something
we do not want to do is have the integrity and the security of every
single community in this great land of ours compromised in any way,
shape or form because of that.
Now, the gentleman from Texas mentioned that 45 days has passed since
the Protect America Act expired, and that does cause some question from
our constituents. As the gentleman from Pennsylvania mentioned,
Attorneys General from 25 different States support the bipartisan
Protect America Act, and independent intelligence reports support this.
Mr. Speaker, I think there is indeed a reason. It is because we all
know that protecting this Nation and our Nation's interests should rise
above partisan debate on this floor. Of course, the bill that was
brought to this floor before we departed for our Easter recess was a
bill that the leadership knew was not going to go anywhere, but they
felt like they had to do something.
Mrs. Wilson mentioned that intelligence is dynamic. I think that is
an important part of the debate that we have before us as we talk about
FISA. It is indeed dynamic, because it doesn't stay the same. The
individuals who are seeking to do us harm do not stay in the same
places, nor are their camps nor are their cells stationary or stagnant.
Because of that, we have to look at electronic surveillance as going
about this a different way.
The gentleman from Texas mentioned the situation that occurred last
year with three American soldiers that were kidnapped in Iraq and the
wrangling that had to go on to get through the courts, as he said, to
get ``lawyered up,'' to get in there and to get a warrant. By that
time, 9 hours had passed, and by that time we had one individual who
was dead and we still have two who are missing as of this point in
time.
So, looking at 21st century technology, understanding how that
technology works on a global basis, and understanding that if we are to
stay ahead of the game on this, Mr. Speaker, it is imperative, it is
imperative, that we realize that our enemies are using satellite
phones. They are not using rotary phones. They are using text messages.
They are not sending telegrams.

{time} 2030

They are moving constantly; they are not in the same place. And it is
imperative that we adjust our laws so that we have the ability to stay
ahead of them, and ahead of their desire to do harm to us, our
constituents, and our great Nation.
Mr. McCAUL of Texas. I thank the gentlelady. And I couldn't agree
more that real-time intelligence is the best weapon we have. We can get
the intelligence; but if it is not in real-time, it endangers our
ability to protect the American people, as the gentlelady

[[Page 4532]]

pointed out with the three American soldiers from the 10th Mountain
Division who, unfortunately, one now is no longer alive and two are
missing.
But I think it is important to give this an historical context and
maybe take you back to a gentleman named Ramsey Yusef who came into the
United States in 1992. He was detained; but because there wasn't enough
detention space at the time, they let him go. And, from there, he
conspired with the first al Qaeda cell in New York to take down the
Twin Towers. And the idea of the plot was that one tower would fall,
toppling over the other, and bring down the symbol of the economic
superpower. They got a Ryder van, they loaded it up with explosives,
went into the underground parking garage, and blew it up. Fortunately,
the Towers survived that day. Although several people were killed, they
didn't achieve that goal. That day would come later.
Ramsey Yusef escaped afterwards, went to Islamabad where he was in
Pakistan, the Philippines. Then he hooked up with his uncle Khalid
Sheikh Mohammed. It is all in the family. Khalid Sheikh Mohammed, we
would find out, would be the mastermind of September 11th. When they
talked about in the mid-1990s flying airplanes into buildings, wouldn't
it have been good to have that real-time intelligence? They talked
about that. They talked about how they could take down the United
States of America. And when Ramsey Yusef was finally arrested, he was
arrested in a hotel room in Islamabad, they found something very eery.
And I have worked with the FBI agents who arrested him, and it always
left a very chilling sort of view in my mind, and that was, they found
about a dozen baby dolls and these baby dolls were stuffed with
chemical explosives. Mr. Yusef gives you great insight into the mind of
the terrorists: Simple, brilliant, but evil genius. The same evil
geniuses that perpetrated 9/11. He was planning to take those baby
dolls on airplanes and blow them up. Of course, with the London
arrests, later we would find they were back to their same game of using
chemical explosives to blow up airplanes. Fortunately, our intelligence
stopped that plot against the United States.
But we all know what happened on September 11th. We also know there
was a secret meeting that took place overseas, and that the CIA was
possibly aware of two of these people entering our country. And at that
time, the left hand didn't know what the right hand was doing all the
time because the criminal division couldn't talk to the foreign
counterintelligence division in the FBI. And I will never forget a
quote from an FBI agent, because his words prior to 9/11 about his
frustration apply the situation that I find and I think we find
ourselves here in the House.
He wrote to FBI Headquarters, which was a gutsy move for a line FBI
agent, and he said, ``Someday, someone will die, and the public will
not understand why we were not more effective at throwing every
resource we had at certain problems, especially since the biggest
threat to us now, Osama bin Laden, is getting the most protection.''
We are not throwing every resource that we can now at this problem.
We are turning a blind eye to this problem. And if American blood is
spilled while our watch is down, while we have allowed this Act to
expire, that blood will be on the heads of Members of Congress who did
not allow this to go to the floor for a vote. And, yes, the foreign
terrorists now are getting protection. They are getting constitutional
protection that the FISA statute never intended for them to get in the
first place.
With that, I would like to yield to the gentlelady from New Mexico
who is on the Intelligence Committee, Ms. Heather Wilson.
Mrs. WILSON of New Mexico. I thank my colleague from Texas.
One of the things that I think is important for people to understand
is the importance of intelligence in keeping this country safe. In any
war, I think intelligence is underestimated; and the reason is that we
see the old newspaper headlines of the victory of the Navy at Midway,
but you don't learn until years after that it was the breaking of the
Japanese code that allowed our ships to be in the right place in the
first place. We see the tremendous success of the Battle of Normandy,
but we never knew until years later when it was finally declassified
that we had broken the German code.
So intelligence is often underrated. But in the war on terror, trying
to prevent the next terrorist attack, intelligence is even more
important than it ever was in the Cold War.
I served in the Air Force during the Cold War, and the great thing
about the Soviets was that they were certainly easy to find. They were
easy to find, or as the military would say, they would have been hard
to fix, easy to find. They had the same exercises at the same time of
year using the same barracks and the same rail lines and the same radio
frequencies. We knew where they were. They would have been extremely
difficult to defeat had they ever attacked the West, but we knew where
they were.
When we are fighting against terrorism, the problem is completely
reversed. If we can find them, we can stop them. The difficult part is
finding them. It is more like a Where's Waldo problem, you know, the
cartoon books where you get all of these pictures and you are trying to
find the little guy hidden in among all the rest of the clutter.
Terrorists generally use commercial communications. They have no
territory. They are hiding in the civil population, hiding in plain
sight as it were. So, the intelligence problem is the most important
and most difficult problem.
All of us remember where we were the morning of 9/11. We remember who
we were with, what we were wearing, who we called first, what we had
for breakfast. But very few Americans remember where they were the day
the British Government arrested 16 people who were within 48 hours of
walking onto airliners at Heathrow and blowing them up over the
Atlantic. If they had succeeded, more people would have died that day
than died the morning of 9/11; but you don't remember it because it
didn't happen, and it didn't happen because British, American, and
Pakistani intelligence were able to uncover the plot and arrest those
who were going to carry it out before they had an opportunity to.
Good intelligence allows us to prevent another terrorist attack, and
electronic surveillance is one of our strongest intelligence tools. The
Protect America Act just allowed Americans to listen to foreigners in
foreign countries without a warrant. If we don't have that authority,
it is sometimes impossible to get to the standard required to get a
warrant. It is almost a waste of time. It is an incredible frustration
for our people who are working in intelligence.
I mean, you think about this. If you are going to get a warrant on
somebody who is a narcotics trafficker in Chicago, you can send the FBI
out to talk to their neighbors; you can go to their place that they are
working; you can talk to their landlady. You can develop probable cause
for a warrant. But if you think you have got somebody on the Horn of
Africa who is affiliated with al Qaeda, you can't send the FBI to talk
to their neighbors. Sometimes you can't reach that standard of probable
cause. So, intelligence doesn't get collected against people who are
foreigners in foreign countries who have no rights at all under the
Constitution of the United States, and the people who are hurt by that
are the American citizens we are failing to protect.
The majority of this House wants to pass a bipartisan bill that has
already cleared the Senate that would make the provisions of the
Protect America Act permanent, and the Democratic leadership of this
House is blocking consideration of that bill, to the detriment of the
people of this country.
I yield back to the gentleman from Texas.
Mr. McCAUL of Texas. I thank the gentlelady for her eloquence on this
issue. And I think it is worth repeating again that we are talking
about foreign targets in foreign countries overseas. I think the
American people want us to be listening to what al Qaeda has to say. In
fact, I think they expect that, and I think they would be shocked if
they learned that our capabilities were

[[Page 4533]]

put in jeopardy because of partisan politics and special interests. It
is irresponsible. And, as the gentleman from Pennsylvania has often
said, it is a dereliction of our duties here in the House to protect
and defend the American people from enemies overseas.
The gentlelady talked about the war with the Soviets. In some ways it
was a more predictable enemy, and the concept of mutually assured
destruction applied to the Soviets because they valued their own life.
The concept of mutually assured destruction does not apply to the
Islamic jihadists, because they won't think twice about blowing
themselves up if it means they can take other lives, particularly
American lives. They won't think twice about flying airplanes into
buildings and killing almost 3,000 people, including themselves,
because, in their extreme fanatical view, that means the rewards in
heaven are greater. That is the mindset of the enemy that we are
working with.
Satellite imagery was very important in the Cold War. But in this
war, this war on terror, intelligence is the best weapon that we have.
And if that is taken away from the intelligence community, as the
Democratic leadership is trying to do, if they take that capability
away, as they did when they allowed the Protect America Act to expire,
they are tying the hands of our intelligence community to better
protect the United States of America. And I believe that is
treasonness.
With that, I yield to the gentleman from Pennsylvania.
Mr. DENT. I want to thank both of you for your eloquence on this
critical issue. And with all these references to 9/11, I really believe
it is important that we take seriously what this Congress did after 9/
11. It created a commission, the 9/11 Commission, to make
recommendations about how we can improve upon our Nation's homeland
security and our national security. They made many recommendations; we
are familiar with many. And, indeed, when the 110th Congress was first
organized a little over 1 year ago, we were told by the new leadership
under Speaker Pelosi that fulfilling those 9/11 Commission
recommendations was a top priority. As it should be. And it is time
that we equate those words with action. As you and I have both said,
failure to do that is a dereliction of duty.
I believe that we have it within our means now to do what that 9/11
Commission wanted us to do, and I believe passing the Protect America
Act is entirely consistent and compatible with what those folks who
wrote the 9/11 Commission want us to do. And I believe that, again,
failure to pass the Protect America Act really contravenes and
contradicts what the 9/11 Commission stands for.
We also talked about this issue of liability and who is getting
protected. One thing I guess I find particularly appalling is that,
because of this approach to homeland security and national security to
intelligence, many of our intelligence officials and officers have been
forced to buy personal liability insurance to protect themselves from
lawsuits from us, from Congress, from others who may choose to sue
them. The phone companies are getting sued. Why not sue the
intelligence officials? So what is happening is they are worried about
being sued, and that is why they have had to find this type of
insurance.
Mr. McCaul made a very interesting observation. He read an
interesting quote a few minutes ago by that FBI agent, and I would like
to put that quote into some context. In fact, at the time of the
PATRIOT Act reauthorization a little over 2 years ago, there was an
article written in the Wall Street Journal by a woman named Debra
Burlingame. Who is Debra Burlingame? I guess she is best known because
of her brother, Chic Burlingame, who was the pilot of one of the planes
that crashed that day on 9/11, 2001 into the Pentagon. She had written
this in the Wall Street Journal on January 30, 2006: Critics contend
that the PATRIOT Act was rushed into law in a moment of panic. And
there is relevant to our PAA here. The truth is, the policies and
guidelines it corrected had a long troubled history, and everybody who
had to deal with them knew it. The wall was a torturous set of rules
promulgated by the Justice Department lawyers in 1995 and imagined into
law by the Foreign Intelligence Surveillance Act Court, or the FISA
Court, conceived as an added protection for civil liberties provisions
already built into the statute that was the wall and its real world
ramifications that hardened the failure to share culture between
agencies, allowing early information about 9/11 hijackers Khalid al-
Midhar and Nawaf al Hashmi to fall through the cracks. More perversely,
even after the significance of these terrorists and their presence in
the country was known by the FBI's intelligence division, the wall
prevented it from talking to its own criminal division in order to hunt
them down.

{time} 2045

In other words, the FBI criminal division and the FBI intelligence
division couldn't communicate because of what was going on pre-9/11.
``Furthermore,'' she writes, ``it was the impenetrable FISA
guidelines and fear of provoking the FISA court's wrath if they were
transgressed that discouraged risk-averse FBI supervisors from applying
for a FISA search warrant in the Zacarias Moussaoui case.'' And we all
remember him.
``The search, finally conducted on the afternoon of 9/11, produced
names and phone numbers of people in the thick of the 9/11 plot, so
many fertile clues that investigators believe that at least one
airplane, if not all four, could have been saved.''
That is what Debra Burlingame wrote.
Further on in that article where Mr. McCaul began, and this is the
woman whose brother was the pilot who crashed into the Pentagon on 9/
11, she concludes by saying: ``Three weeks before 9/11, an FBI agent
with the bin Laden case squad in New York learned that al-Mihdhar and
al-Hazmi were in this country. He pleaded with the national security
gatekeepers in Washington to launch a nationwide manhunt and was
summarily told to stand down. When the FISA Court of Review tore down
the wall in 2002, it included in its ruling the agent's August 29,
2001, e-mail to FBI headquarters,'' and I am going to restate what you
just stated a few moments ago. The quote was from this FBI agent:
``Whatever has happened to this--someday someone will die--and wall or
not--the public will not understand why we were not more effective in
throwing every resource we had at certain problems. Let's hope that the
National Security Law Unit will stand behind their decisions then,
especially since the biggest threat to us now, bin Laden, is getting
the most protection.''
Not my words, and how can anybody not be moved by this? How can
anybody somehow think that our own FBI is a greater threat to the
American people than is al Qaeda or Osama bin Laden?
Mr. McCaul, you are an attorney. You understand this issue well. We
want to protect everyone's civil liberties, and at the same time we
have legitimate security threats we must deal with.
Mrs. WILSON of New Mexico. I think my colleague from Pennsylvania
raises a good point. What are the protections for America's civil
liberties, and there has been a lot of misinformation out there about
the protections in the Protect America Act for American civil
liberties. In fact, in the Senate bill that we would like to have a
vote on here in the House, the civil liberties protections for
Americans are more than exist under current law, under the current FISA
law.
What are those protections? First, you have to have a warrant to
target anyone in the United States, American or foreigner. So you must
have a warrant if someone is reasonably believed to be in the United
States.
It is a felony to do what some have called reverse targeting. In
other words, you think somebody may be affiliated with a terrorist
group. They are in the United States and they have a brother in
Lebanon. So gee, let's wiretap their brother in Lebanon and maybe we
can pick up some of their conversations back to the guy in the

[[Page 4534]]

United States. That is a felony. You can't do that. You have to have a
warrant if your target is reasonably believed to be in the United
States, and you cannot do reverse targeting.
It also extends the protection of the Constitution to Americans
traveling overseas. This is something that doesn't exist in current
law. If I am an American stationed overseas, which I was in a past
life, and I in some way bump into American intelligence collection
overseas, their procedures in regulations is to ``minimize'' or
``screen out'' that information, to destroy information that is of no
intelligence value. But the act that has now passed the Senate actually
goes further than that. If you are an American overseas, the American
government would also have to get a warrant in order to target your
communications.
These provisions apply irrespective of the communications technology
used. So to collect foreign intelligence over the air on a wire, it
doesn't matter. All that matters is whether somebody is reasonably
believed to be in the United States or is an American citizen. If they
are, you have to go to court and get a warrant. If you do not, if they
are a foreigner in a foreign country, we do not extend the protections
of the Constitution to them.
Mr. McCAUL of Texas. The gentlelady is correct. The Constitution
applies to persons in the United States. The Constitution doesn't apply
to foreign terrorists in a foreign country. I think that is the central
heart of this debate that we are having here tonight.
As the gentleman from Pennsylvania pointed out, Mr. Moussaoui
retained information on his computer that could have helped prevent
this from happening. He is a person in the United States; and as such,
properly the FBI and the Department of Justice went through the FISA
court. The initial FISA application was turned down by the Office of
Intelligence Policy Review. We lost critical time in processing that
application. My point being, the FISA court is very document intensive,
cumbersome and time-consuming.
We should not apply FISA court standards to foreign terrorists in a
foreign country when real-time intelligence can stop something like
this from happening here in the United States.
You know, when the wall was in place, one intelligence community was
aware of these two individuals in the U.S., yet the FBI was not made
aware and they could not track them down.
The FISA Court of Review issued an opinion about the wall when it
finally struck it down and said that effective counterintelligence, we
have learned, requires the whole-hearted cooperation of all of
government's personnel who can be brought to the task. A standard which
punishes such cooperation could well be thought dangerous to national
security. So a lack of coordination and cooperation is dangerous to
national security.
And if we can't work with the private sector, and in fact we cannot
obtain this intelligence without the private sector; and if we will
subject them to liability and to lawsuits for doing their American
patriotism, we indeed will lose the private sector as a partner.
Mrs. WILSON of New Mexico. Would the gentleman yield?
Mr. McCAUL of Texas. I would be happy to yield to the gentlelady.
Mrs. WILSON of New Mexico. Is it true that we depend on telephone
companies not only for their cooperation for foreign intelligence, but
also in the case of crimes like kidnappings here in the United States?
Do we depend on their cooperation there?
Mr. McCAUL of Texas. The gentlelady is correct. What is at grave risk
is not only in the war on terror capturing intelligence overseas, but
if the private sector would be subject to liability and lawsuits, and
they say to the government, ``I am not going to cooperate with you
anymore,'' they don't have to. Then we place at jeopardy domestic
investigations that could include child predators, organized crime, and
a whole myriad of criminal activity in the United States. So this is
setting a very dangerous precedent.
Mrs. WILSON of New Mexico. If the gentleman would yield, you are an
attorney and have dealt with these things and I haven't. Is it true
that a district attorney can go in an emergency situation and say to
the telephone company, this is an emergency, we have a kidnapped child,
we think we know who did it, will you cooperate with us and we will
followup with the paperwork later? Can that happen?
Mr. McCAUL of Texas. The gentlelady is correct. Then you have real-
time information that is relevant to a case to stop a criminal act from
occurring.
What the Democrat leadership has done in this case is prevented us
from obtaining intelligence critical to the safety of the United States
overseas in a foreign country.
Mrs. WILSON of New Mexico. Is it reasonable to expect that if these
telephone companies get sued for voluntary cooperation, that they will
just stop doing voluntary cooperation no matter what the issue is?
Mr. McCAUL of Texas. The grave risk is that they will not cooperate
on any investigation, whether it be overseas or domestically, because
there is no incentive for them to cooperate with the FBI here or with
our intelligence community abroad if we are going to subject them to
liability and to lawsuits.
If there is wrongdoing on the part of the government, that is one
issue. But when the telecommunication companies are told that they need
to cooperate in the interest of the national security, I don't think we
should be slapping them with a lawsuit, we should be thanking them for
protecting this Nation.
I want to go back to the gentleman's comments about the 9/11
Commission. After this occurred, we all were scrambling to do
everything within our power to prevent this from happening again. The
President met with his advisors, and the 9/11 Commission met. And they
made recommendations and they talked about connecting the dots. The
problem is that we cannot connect the dots, and we are not putting this
information together.
What is at risk here tonight, as every hour passes that the Protect
America Act has expired, is we cannot collect the dots to connect them.
I would like to draw on a quote, a letter from Attorney General
Muskasey and the Director of National Intelligence McConnell to
Chairman Reyes. He says, ``Our experience in the past few days since
the expiration of the act demonstrates that these concerns are neither
speculative nor theoretical. Allowing the act to expire without passing
the bipartisan Senate bill has had real and negative consequences for
our national security. Indeed, this has led directly to a degraded
intelligence capability.''
I don't know about you, but when I read that language from the
experts in the intelligence community and our top law enforcement
officer, it sends a chill up my spine. We need to pass this bill, and
we need to do it now.
Mr. DENT. Again, a powerful quote, the degradation and degrading of
our intelligence capacities, stated by a Republican Attorney General
and a Republican Director of National Intelligence, but also stated by
the Democratic chairman of the Senate Intelligence Committee, that the
intelligence product will be degraded as a result of our failure to
enact the Protect America Act.
I can't help but note, the gentleman from Texas having served in law
enforcement, many of the arguments I just heard you talking about in
your colloquy with Mrs. Wilson were also some of the arguments that I
heard at the time of the PATRIOT Act reauthorization.
Remember it was being said that somehow our library records were
going to be looked into. Several of the 9/11 terrorists made their
airplane reservations on public library computers, and they confirmed
those reservations on public library computers.
I am not aware that anybody has ever sought a library record under
the law. But I also remember, too, after meeting with some folks from
the Attorney General's Office, and this is not a classified issue, I
remember them telling me that a terrorist, when interrogated, they
asked: Why were you

[[Page 4535]]

constantly on the New York Public Library computers? His response was
they clean their hard drives at the end of the day. Interesting point.
Another issue we heard at the time of the PATRIOT Act had to do with
roving wiretaps, a tool I believe you, as a prosecutor, used over the
years, and that we use in drug cases against organized criminals. We
use that type of method. When we talk about using it for
counterterrorism purposes, it seems as if we were creating some new
structure. Do you want to address that.
Mr. McCAUL of Texas. Reclaiming my time, this issue goes well beyond
what the gentleman is referring to. This issue goes to our capability
to intercept communications from foreign terrorists in foreign
countries. Again, I think the American people would like to know what
al Qaeda is saying when they conspire to perpetrate something like
this. They would like to know what Osama bin Laden is saying, and what
his lieutenants are saying.
I know my time is starting to run out.
Mr. DENT. Quickly, the bottom line is we should be listening to this
foreign-to-foreign communication of people who are not American
citizens who are suspected terrorists because you want to prevent what
happened on 9/11 of 2001. For some of us, it was quite personal.
You mentioned what happened in 1993. My cousin spent the whole day on
the top of that building, the South Tower, spent the entire day on the
roof after what exploded in the basement, the garage of that building.

{time} 2100

You know, he was there, also, on September 11, 2001. I remember that,
too. He was on the 91st floor of the north tower when the plane entered
the 93rd floor. Everybody above him was killed.
And for many of us it's personal. But if we have information,
actionable intelligence, I would certainly hope that our counter
terrorism officials, that our intelligence officials would do
everything in their power to prevent such terrible events like 9/11
from ever occurring.
And again, I just want to state one more time that enacting the
Protect America Act will help improve our intelligence capabilities,
will protect Americans, and it's time that we get the job done. We have
a bipartisan consensus to do it. Let's do it. The time for games is
over. It's time to get the job done.
I yield back to my friend.
Mr. McCAUL of Texas. I thank the gentleman.
Before we passed the Protect America Act, the Director of National
Intelligence came to us and he said, ``I'm losing two-thirds of the
intelligence out there.'' Well, now with the expiration of the Protect
America Act, we can only imagine going back to that scenario. We were
going dark in parts of the world. We were losing critical foreign
intelligence from our enemy to better protect this Nation from another
terrorist attack.
And to put to you, I think, one of the best quotes I've read, it
really puts you in the mindset of who is the enemy and what is the real
threat to the United States, I'd like to leave you tonight with the
following words. And this is in their words, not mine.
``The confrontation that we are calling for with the apostate regimes
does not know Socratic debates, Plutonic ideals, nor Aristotle's
diplomacy. But it does know the dialogue of bullets, the ideals of
assassination, bombing and destruction, and the diplomacy of the cannon
and the machine gun.
The Islamic governments have never and will never be established
through peaceful solutions and cooperate councils. They are
established, as they always have been, through pen and gun, by word and
bullet, and by tongue and teeth.''
The words that I just read to you are the words found in the preface
of the al Qaeda training manual. They are the words of the enemy. That
is what the enemy is telling us. We need to win in this war on terror
and stop this enemy and protect the United States from this ever
happening on American soil again. It is time to pass a bipartisan
Senate bill.

____________________

CONGRESSIONAL BLACK CAUCUS MESSAGE HOUR

The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentlewoman from Ohio (Mrs. Jones) is recognized
for 60 minutes as the designee of the majority leader.
Mrs. JONES of Ohio. Mr. Speaker, it gives me great pleasure this
evening to have an opportunity to stand in the well of this wonderful
House of Representatives on behalf of the Congressional Black Caucus
and our Chair, Carolyn Cheeks Kilpatrick.
This evening I will be joined by several of my colleagues to talk
about the black community, the African American community, and the
economy and the impact that this downturn in the economy has had on the
African American community.
Before I go to that subject matter, I just want to take a moment. One
of the things that we have an opportunity, as Members of Congress, to
do is to travel all around the United States, meeting people who say,
oh, we watch you on television, we've seen you on television. And the
fact is this weekend I had the opportunity to be in Orlando, Florida,
on behalf of my sorority, Delta Sigma Theta. And I met one of the
finest families in Orlando, headed by Janet McDowell-Travis and her
husband, Michael Travis, son Jordan, who is 10 years old, who drew me
this really, really nice card, Janet's mother, Vergnoustene, my soror
as well, and Janet's aunt, Aunt Romelda. So, I just want to take a
moment this evening, Mr. Speaker, to have an opportunity to say hello
to that McDowell-Travis family and say to them, thank you so much for
making my weekend in Orlando so great. And hopefully I'll have another
chance to see you in July, when I come back to Florida for our national
convention. Hi, everybody. Hope you're doing well.
Back to the reason that I'm here on floor to talk about the
Congressional Black Caucus message hour, the declining economy and its
impact on the African American community.

General Leave

Mrs. JONES of Ohio. Madam Speaker, let me begin by seeking unanimous
consent that my colleagues have 5 days in which to revise and extend
their remarks, to allow other Members to have the opportunity to submit
their remarks in writing. In fact, I have in my hand a signed statement
by my colleague and good friend from the great State of Texas, Eddie
Bernice Johnson, which I will choose to submit for the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Ohio?
There was no objection.
Mrs. JONES of Ohio. Let me begin with a quote. ``At the bottom of
education, at the bottom of politics, even at the bottom of religion,
there must be economic independence.'' Booker T. Washington from 1903.
These words, spoken more than a century ago by one of our foremost
African American thinkers and educators, perhaps might be more relevant
today than they were in 1903.
For far too long, the current administration has danced around this
issue, hoping that it would go away. But it is time that we state the
truth. Our economy is in decline. Today, hardworking African American
families are struggling to make ends meet in this slowing economy.
Wages are flat, prices are high, and for many, jobs are hard to come
by.
These problems are even greater in the African American community.
Unemployment rates for African Americans are consistently almost double
for white Americans. The median family earnings of full-time African
American workers is consistently over $130 less than white workers who
are similarly educated and situated.
The poverty rate for African Americans is almost double the national
poverty rate, 24 percent versus 12.5 percent. And more than triple, 33
percent versus 9.8 percent, for children under the age of 18.
Home ownership for African Americans is 48 percent compared to 72
percent for white Americans. And African

[[Page 4536]]

Americans are more than two times more likely to have been denied a
mortgage, and more than two times more likely to receive predatory
loans.
In this most recent research around foreclosures, it has been shown
that African Americans who, in fact, qualified for prime mortgages
were, in fact, steered to subprime mortgages, predatory loans because
the advantage for the lender was greater, they could make more money on
the predatory subprime loan than they could on a prime loan.
Minority-owned businesses received only 57 cents of each dollar they
would be expected to receive based on the percentage of ``ready,
willing and able'' businesses that are minority owned.
The Congressional Black Caucus remains committed to economic
empowerment in the African American community. This includes, but it is
not limited to:
One, eradicated employment discrimination and ensuring the employment
of a diverse workforce by employers in the private sector and in
government, including staff of committees and Members of Congress.
Two, protecting the rights and working conditions of all employees.
Three, providing support to enable people to work, such as child
care, transportation, health care, job retraining, and a living wage.
Four, promoting the advancement of African Americans into management,
executive, and director positions.
Five, providing equal access to capital for individuals and
businesses, and the elimination of redlining and predatory lending
practices.
Six, expanding affordable rental and ownership of housing.
Seven, achieving aggressive minority business goals and participation
in government and private contracting.
So, tonight you will hear from various members of the Congressional
Black Caucus as we discuss the many economic problems facing the
African American community, as well as our plans to address those
issues.
If I can go back to my experience in Orlando this weekend. I had an
opportunity to participate in this wonderful ceremony involving 10
young African American men and women that were juniors and seniors in
high school. And the experiences and backgrounds of these young men and
women were just fantastic. And one of the things I reminded them of
was, no deposit, no return. I talked to them about, we used the
expression, birds of a feather flock together, and that eagles do not
fly with sparrows. And I suggested to them that they needed to be
eagles so that they could fly far above and do more. But even in the
midst of all of flying higher, doing more, in an economy like we are
experiencing today it would be difficult for these young men and women
to be successful.
So, I'm going to take a break for a moment and yield to my colleague
and good friend from the great State of California, the honorable
gentlewoman from California, Congresswoman Barbara Lee, such time as
she may consume.
Ms. LEE. Let me thank the gentlelady for her leadership and for
yielding and for organizing these very important special orders, also,
really, for reminding us tonight of much of this unfinished business of
our great country, and laying out the glaring disparities that we're
witnessing in the African American community; but also, what our
economic empowerment agenda is of the Congressional Black Caucus. So,
thank you, Congresswoman Tubbs Jones.
Millions of Americans are one paycheck, that is, if they have a
paycheck, away from poverty. Now, the numbers speak for themselves. Gas
prices are at record levels, averaging, in my district, $3.73 a gallon,
even as oil is traded at over $100 a barrel and big oil companies are
reaping in record profits. Foreclosures have skyrocketed, putting
hundreds of thousands of people out on the street. The American dream
of homeownership is quickly turning into a nightmare for many
hardworking individuals and families in our country.
In my district, in Alameda County, we are projected to lose nearly
4,700 homes to foreclosures due to the subprime mortgage crisis,
eliminating $3.2 billion in home equity value. That's equal to a drop
in home equity by almost $8,500 for each homeowner in my district.
Meanwhile, food prices have risen, squeezing recipients of food stamps
even as the number of people expected to enroll in the program will
reach a record 28 million people in the next fiscal year.
Health care costs are going through the roof, even as this
administration is posing massive cuts in funding for Medicare and
Medicaid, and African Americans continue to be the hardest hit. As of
February 2008, the unemployment rate for African Americans was over 8.3
percent, nearly double the national average of 4.3 percent. Among the
African American community, poverty rates are 2.5 times higher than the
national average. Even more disturbing, almost 40 percent of African
American children under 5 years of age live in poverty. And all the
while, African Americans continue to be the target for, as we talked
about earlier, subprime loans.
African Americans are three times more likely to have a subprime loan
than whites, accounting for 52 percent of all subprime loans. And as
the housing market has collapsed, estimates indicate that African
Americans alone will lose between 164 to $213 billion in home equity
value during this recession.
It's long past time for Congress to address the burden of this
economic downturn on the African American community and other
communities of color and address the ongoing lack of opportunity in
minority communities in America. Even in the face of this massive
housing crisis and impending recession, growing unemployment and the
highest number of applicants for food stamps since the program's
inception, the Bush administration wants to cut funding, mind you, cut
funding for the most vital programs so that he can continue to fund his
failed occupation in Iraq. This is partly due to Iraq, billions of
dollars that have been spent, this economic downturn. I personally call
this ``The Iraq Recession.''
At nearly half a trillion dollars, the occupation of Iraq and the
resulting Iraq recession has wasted too much of American treasure,
drained too much of our American resources, and most importantly,
claimed too many American lives. And we cannot dismiss the toll that
this occupation has had on the economic security of our Nation and on
the average American family who will feel the impact of these expenses
for years to come.
The Joint Economic Committee estimates the total bill for the war
through 2008 will cost the typical family of four a full $16,500. Can
you imagine what a family of four can do with $16,500? This conflict
has claimed the lives of more than 4,000 brave members of our Armed
Forces and has resulted in injuries to more than 28,000 others.
Five years after the invasion and occupation of Iraq, 47 million
Americans are living without health insurance, 47 million. And more
than 36 million people continue to live in poverty, at least 2 million
of which have fallen into poverty since 2003.
Five years later, it is projected that more than 2 million American
families will lose their homes to foreclosure, primarily over the next
2 years. And worse, as the demand is increasing for programs serving
children, the elderly and the poor, and those facing the loss of their
income, more than half of our States face serious budget shortfalls
that will force them to cut back or even eliminate programs that serve
the most vulnerable of our populations.

{time} 2115

So, Mr. Speaker, we must address the needs and the will of our
country by bringing an end to this occupation and to the immeasurable
costs that will continue to be exacted on the physical and economic
security of the American people for generations to come.
Forty-one years ago, Dr. Martin Luther King was, as he said,
``compelled to see the war as the enemy of the poor and attack it as
such.'' Of course Dr. King was referring to the Vietnam War. But his
understanding of the relationship between the vast sums spent dropping
bombs in a foreign country, and the resulting lack of funding for

[[Page 4537]]

programs that relieve hunger and poverty are just as true today as they
were back then, especially now with this economic downturn.
A recent survey revealed that 68 percent of Americans believe that
ending the war and occupation in Iraq is an important step the United
States Government must take to respond to the current economic
recession. So we must put an end to this occupation, and we must fund a
real economic stimulus plan that expands unemployment assistance and
food stamp benefits, provides housing assistance and foreclosure relief
for homeowners, and expands Medicaid payments to States through the
Federal medical assistance percentage.
We need to pass a real bankruptcy reform bill. I believe this one
that we're working on now is H.R. 3609. It's called the Emergency Home
Ownership and Mortgage Equity Protection Act of 2007, that will give
struggling homeowners a fighting chance to stay in their homes.
We've got to reauthorize and realize that HOPE VI is an important,
important housing initiative, and pass H.R. 3524, to finally stop
putting an end to predatory lending. And instead of spending billions
to bail out Bear Stearns, we should really be investing that money to
train our workforce and to expand green jobs and eradicate poverty.
So as we remember 3 years ago, Hurricane Katrina served as a real
rude wake up call to the Nation and the continuing inequality that
plagues minority communities, especially the African communities in
America. Katrina opened the eyes of many Americans about the continuing
burden of poverty that often isolates and traps generations of
Americans of color, African Americans, in a cycle of poverty and
disenfranchisement. So we cannot ignore the legacy of Katrina, nor can
we ignore the legacy of Dr. King's words.
So this week, as we approach the 40th anniversary of Dr. King's
assassination, let us all make a commitment to honor his vision and his
life's work. We must end this occupation of Iraq, and we must enact a
real economic stimulus plan, so that the American people can move
forward, take care of their families, come out of this downturn and
really begin to live the type of life, the quality of life that they so
deserve in the wealthiest and most powerful country in the world.
Thank you, Congresswoman Stephanie Tubbs Jones, for giving us the
opportunity tonight to talk about the real suffering that people are
feeling; but giving people some hope that there are many here in
Washington, D.C. on the battlefield trying to turn this around.
Mrs. JONES of Ohio. I want to thank my colleague, Congresswoman
Barbara Lee, for her leadership, and hope that she will decide to hang
around a little while with me as we go through a few more issues. If
you can't, I absolutely understand.
I want to go back to the housing crisis for a moment. The loss of a
home is both devastating for the family and the community. For a
family, owning a home is often their only piece of the ``American
Pie.'' The equity from owning their home is often the only means to
secure funding for a new business, college tuition or retirement. For
the community, increased foreclosures often turn neighborhoods that
once were vibrant into neglected, blighted areas which ultimately raise
costs for local governments.
In the State of Ohio alone, 90,000 homes are in foreclosure. In fact,
one of the things that we often talk about is that working class
families usually pass their biggest asset from 1 generation to the
next, and that is a house. So not only are we devastating the income
and wealth of this generation, we may well be devastating the income
and wealth of future generations.
Predatory lending is the leading cause of the foreclosures across
this country. And I need not go on and on about the issue, but let me
just point out a few statistics.
The Nonprofit Center for Responsible Lending projects that as this
year ends, 2.2 million households in the subprime market will either
have lost their homes to foreclosure or hold subprime mortgages that
will fail over the next several years. The real dilemma that many of
the families face is the amount of mortgage that they own on the home
far exceeds the real value of the home.
Additionally, only about 1.4 million of 15.1 million loans analyzed
from 1998 through 2006 were for first-time home buyers. Most were
refinancing. And all of us got those calls from people calling up, Mrs.
Jones, you have a unique opportunity right in your community to
refinance your home, and this program is just for your neighborhood.
And a lot of people got fooled by those calls. To date, more than
500,000 of those subprime borrowers have lost their homes to
foreclosure. An additional 1.8 million are likely to follow as the
market deteriorates. That's nearly 2.4 million lost homes.
And predatory lending has expanded its reach beyond mortgage lending.
Predatory practices are becoming increasingly prevalent in refund
anticipation, auto and payday loans. There were over 12 million Refund
Anticipation Loan borrowers in 2003. In other words, anticipating what
your income tax checks would be, people borrowed on those tax checks.
Tax preparers and lenders strip about $1.57 billion in fees each year
from the earned income tax credits paid to working parents, according
to the 2005 study by the National Consumer Law Center.
And imagine what the new programs are going to be as we come up with
these rebates that the President has proposed for working families in
order for us to shore up Wal-Mart or Target or one of these other
stores. In fact, I think it is pretty scary that we are now going to
try and shore up the economy by taking the money of people who have
worked hard for it.
I bet that many people are going to pay attention; they're not going
to stick it back in the economy. They, in fact, may in fact put it in a
savings account or try to make some money on behalf of their families,
or pay off an existing debt.
In December, the Congress enacted the Mortgage Forgiveness Debt
Relief Act which, for 3 years, stops the tax on phantom income when a
lender forgives some part of the family's mortgage in foreclosure.
Under prior law, the debt forgiven following mortgage foreclosure or
renegotiation was considered income for tax purposes, resulting in a
tax liability for individuals and families meaning, at a time when
people were down and out, they were then required to pay tax on
something that was forgiven by a lender. It was crazy, and thank God
this whole Congress understood the impact, and we passed that
legislation.
In December, the Congress included $180 million for housing
counseling in the Fiscal Year 2008 Omnibus Appropriations Bill to
assist many distressed homeowners who are trapped in unaffordable loans
in avoiding foreclosure on their homes.
The Economic Stimulus Bill, which the President will sign this week,
increases the FHA loan limits up to $729,750 to expand affordable
mortgage loan opportunities through the FHA for families in danger of
losing their homes. This was done because in areas like the area in
which Congresswoman Barbara Lee lives in, housing, middle income
housing costs as much as $800,000 to $1 million. In Cleveland, an
$800,000 home would buy you a lot of house, but not California.
Both the House and Senate have passed an FHA reform bill which would
enable FHA to serve more subprime borrowers at affordable rates and
terms to attract borrowers that have been turned to predatory lenders
in recent years.
The House has passed a mortgage lending reform bill which cracks down
on predatory lending, making sure that consumers get mortgages they can
repay, strengthening consumer protections against reckless and abusive
lending practices, and giving consumers the ability to seek redress.
I have to say that in 2001 I introduced the Predatory Lending
Reduction Act, and this act was focused on mortgage brokers. And the
reason I focused on mortgage brokers was because mortgage brokers were
not licensed, they

[[Page 4538]]

were not required to be registered. They were not required to give
notice to a purchaser or a borrower that they were not representing
that borrower; they weren't their agent. They were not required to tell
the borrower that they were going to get a percentage or a commission
on the loans that they made. So you had a lot of mortgage brokers
operating out here without any licensing, without any registration,
without being required to give notices to, like banking persons, to
borrowers. So it was very important for us, and that was included in
the Mortgage Lending Reform Act, number 3915.
In October, the House passed the National Affordable Housing Trust
Fund Bill, 2895, which establishes a trust fund, at no cost to the
taxpayer, to build or preserve 1.5 million affordable homes or
apartments over the next 10 years. The trust fund is financed by fees
paid by Fannie Mae and Freddie Mac and by increased FHA loans.
The fact is that we have needed a national affordable housing trust
fund for many, many years and finally, in 2007, 2008, we have one
that's available.
At this time, if my colleague is interested, I'd like to yield to her
for some additional commentary, Congresswoman Barbara Lee.
Ms. LEE. Thank you. And you know, as I was listening to your very
clear presentation, Congresswoman Tubbs Jones, I kept thinking of all
of the people who really believe in the American dream, who want to
send their kids to college, who perhaps may want to start a small
business and who know and recognize that the path to wealth in our
country is through home ownership. And now, given that the equity has
just about eroded, their dreams being shattered.
You know, most Americans don't play in the stock market. You know,
the only way they can acquire wealth is through home ownership. The
only way they can live the American dream is through leveraging the
equity in their homes to realize some of their dreams. And now, given
this fiasco that we're experiencing, so many people will not realize
their dreams. And so the legislation that you mentioned and more that
are being talked about and introduced, will, in many ways help stop the
hemorrhaging.
But, you know, we have to look at this not only in the short-term
perspective, but also the long term has to be addressed. And some of
this has to do with the deregulation of the financial services
industry. And we really need to look at some regulatory reform also in
the long haul to make sure that this never happens again. It's almost
been the ``Wild West'' in terms of the financial industry.
Mrs. JONES of Ohio. I'd like to thank my colleague. There are just a
few more things that I'd like to point out and point to, and if there
is another person coming behind me with some, a special order, I would
suggest that we should probably be finished in about 15 minutes.
I, first of all, would like to focus in on some of the legislation
I've been working on around wealth building, because one of the most
difficult things for families in the downturn of an economy is to try
and put aside savings. And one of the things that we see happening
right now in our country are a number of companies that are closing
down, and people are placed in a situation where they are now being
required to retire and they're being given lump sum benefits in order
to lessen the weight or the impact that the retirement has on them.
And as a proponent of wealth building, I've been working on a couple
of pieces of legislation in that area. One of them is the Retirement
Security for Life Act.
Last year I, along with Congressman Philip English, a Republican from
Pennsylvania, reintroduced the bipartisan tax legislation that would
encourage Americans to select life annuities and ensure requirement
security. The Retirement Security for Life Act provides a tax incentive
available to all retirees when they elect to receive a guaranteed
stream of income for life from their annuity. The bill will exclude
Federal taxes on half of the income generated by the annuity, up to a
maximum of $20,000 annually. For the typical retiree, it would provide
a tax break of up to $5,000.
The bill is designed to help Americans who have savings maintain
their pre-retirement standard of living. Research indicates that many
future retirees, including an estimated 77 million baby boomers, will
have difficulty maintaining an adequate standard of living. By
providing incentives, the Retirement for Security for Life Act will
encourage Americans to invest in their own retirement.

{time} 2130

The periodic payments from a life annuity would guarantee income
throughout retirement as a complement to Social Security and pension
benefits. A life annuity provides beneficiaries with guaranteed
lifelong monthly payments. After-tax dollars, such as the proceeds from
the sale of a house or small business, can be used to purchase the
annuity. Income from employers' sponsored plans that already enjoy a
tax advantage, such as IRAs and 401(k)s, are not eligible. This
bipartisan legislation encourages Americans to select lifetime annuity
payments, thereby generating a steady income for life and helping them
manage their savings.
One of the limits that happens when people receive a lump sum is it
seems like a lot of money at the time when you receive it, but it very
easily wanes away by the time you lend your cousin $2,000, your son
$5,000, your aunt or uncle a couple of dollars, and that $50,000 is
gone very quickly. And that is one of the reasons that I'm encouraging
our Retirement for Security for Life Act.
Another piece of legislation is called Savings for Working Families
Act. This legislation was introduced, and it's H.R. 1514. It provides a
tax credit to financial institutions that match the savings of low-
income families through individual development accounts, or IDAs. The
individual savings in an IDA are matched on a one-to-one basis, up to
$500 per person per year; although, personal contributions into an IDA
are not limited. The match only goes up to $500. It is a unique way and
a great way that we could have low-income families begin to understand
the importance of saving and receive a match for their dollars.
Thousands of working families across the country currently take
advantage of IDA matched savings and asset accumulation. They are run
by community-based organizations in partnership with a qualified
financial institution that holds the deposits. IDA funds can be used
for college and post-secondary education, purchasing a home or starting
a small business. Those who save in IDAs also receive financial
planning education. Nationally, 500,000 Americans are presently
enrolled in 500 IDA programs. In the State of Ohio, nearly 5,000
benefit from 15 IDA programs.
The goal of the Savings for Working Families Act is to encourage low-
income families to save.
Cleveland's Save program, which is a program in the City of Cleveland
where I live, is a national social marketing campaign that encourages
individuals, particularly low and moderate income, to save. It was
launched in 2001 in the City of Cleveland. America Saves now has 53
local and State national campaigns which include locations in
Philadelphia, Pennsylvania; San Diego, California; and New York State.
More than 1,000 nonprofit organizations participate. They recently
celebrated American Saves Week, which is a new and expanded effort
which is aimed at reaching more institutions.
Let me now give any further time to my colleague and friend,
Congresswoman Barbara Lee.
Ms. LEE. Let me applaud you for laying out these very important and
very thoughtful bills. Hopefully, people who are listening to the
Special Order tonight will understand the importance of them and ask
their Members of Congress to support them because they actually should
be passed and signed into law.
Also, I think it's important that we recognize tonight we are talking
also with regard to the Congressional Black Caucus' economic
empowerment agenda, and what you have laid out is central to an
economic empowerment

[[Page 4539]]

agenda of the African American community throughout our country, but
also, in addition, we have talked a lot about the disparities and why
we have to have this economic empowerment agenda because we are still
faced with many, many disparities in health care and education and
economic development.
And when you look at the African American business community and the
lack of capital, when you look at the small business administration and
the type of problems and difficulties we have had over the years, you
can see that, in many ways, many of the initiatives that have begun
over the years that would have helped during this economic recession
have been just about cut out. So it is about time we go back to the
drawing board and regroup and not only resurrect some of the strategies
that actually work but come forth with new legislation such as we are
talking about tonight.
So, in closing, I just want to thank the Congressional Black Caucus,
again under Congresswoman Kilpatrick's leadership, for making sure that
the overall agenda of the CBC is put forth every Monday night under
Congresswoman Tubbs Jones' leadership, because this is so important. In
fact, we were in recess over the last couple of weeks, and I ran into
many, many people who thanked us for getting the word out, sounding the
alarm, providing the information with regard to what we are doing here
because so often, the American people, the public, our communities,
have no idea what type of legislation is being proposed to help with
some of the burdens that they are forced to bear at this point in our
history.
The $16,500 I mentioned earlier that this Iraq occupation is costing
the American people, just think of what they could do with $16,500. And
so I have to say, part of what we have to continue to do is to try to
end this occupation, end this $3 trillion that's being projected with
regard to the war in Iraq and make sure that immediately the American
people though can realize some benefits from their tax dollars and also
make sure that we can expand unemployment compensation and food stamps
and just help them survive through this until we can do something big
and something that makes their lives much better.
Thank you again.
Mrs. JONES of Ohio. I want to associate myself with the comments of
my colleague with regard to ending the war in Iraq and the devastation
that it has had not only on more than 4,000 families but as well as the
economy of America and the infrastructure of America. All you need to
do is pick up a paper any day and see that in any city there is a
bridge that's fallen down, there's a sewer that's blowing up, there's
streets that are in trouble, et cetera, et cetera, et cetera. And I
want to close on this particular note.
It is so important to the improvement of this economy and the status
of America that we make sure there are good-paying jobs that come back
to America. I keep hearing these discussions about, well, there are
jobs, and there are not people in America who want to do these jobs.
That is not correct. There are good, hardworking people. The people of
America work harder than people in any other country. They have less
vacation, less time off, and they work very, very hard.
The dilemma that's faced is the offering of jobs that do not pay good
salaries; that do not, in fact, provide appropriate benefits. And the
people of America are going to want go to work, and the innovation
agenda that was passed last fall in this Congress and signed into law
by the President speaks to some of those issues.
And it is so important that we do things to improve the education of
our young people so they are better qualified to work on jobs, and that
was done through the College Opportunity and Affordability Act of 2008.
It is also important that we encourage young men and women to go into
the sciences. The statistics show that, in 2000, only 4 percent of the
science and engineering jobs in the United States were held by African
Americans. Nearly 40 percent of Americans under the age of 18 are
African Americans or other minorities. So we need to do more and more
and more to encourage young people to go to college to be able to get
the kind of degrees where they can get a great job such as we talked
about with the children in Orlando in the Eminence Program.
And finally, we need to support and strengthen small businesses. Two-
thirds of American jobs are supported, are given by small business, and
we need to encourage small business to continue.
African Americans own an estimated 1.2 billion small businesses with
annual revenues of more than $88 billion. Legislation enacted in 2007
included provisions cutting taxes for small business by $4 billion over
the next 10 years. And the economic stimulus package also speaks to
those issues as well.
I want to close with this. The Congressional Black Caucus is
tirelessly working on issues that are important to the African American
community but as to the greater community as well, and the economy is
the issue that's in the forefront of everybody's mind right now,
regardless of their color, regardless of their background. And this
evening, it was our job to point out to America, those of you listening
here on C-SPAN, to the issues that are facing the African American
community and the economy and to help people understand that, if it
hits the greater community in one way, it doubly impacts the African
American community.
And on behalf of my colleagues at the Congressional Black Caucus and
our Chairwoman, Carolyn C. Kilpatrick, I'm pleased to close this
message hour out and thank the Speaker, Nancy Pelosi, for the
opportunity to present.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, for millions of
American families it is becoming more and more difficult to make ends
meet. Our economic outlook is grim in light of the recent housing
crisis, fluctuating interest rates, and increasing prices. Working
Americans are feeling a serious squeeze on their family finances,
because for too long, Republicans and this administration ran up big
deficits and ignored priorities here at home.
With the economy continuing to decline, African American households
are suffering disproportionately. In 2006, African Americans were two
times more likely to get high-cost subprime loans. In my district, more
than half of loans given to working Americans were subprime; of these
loans, 80 percent were African American. One in six resulted in
foreclosure; this is unacceptable.
In 2007, the Democratic led Congress passed an increase to the
minimum wage, but this does not help Americans who cannot find jobs.
The African American unemployment rate has climbed from 8 percent this
fall to 9.2 percent in January, with 1.6 million African Americans
currently looking for work.
I applaud the Congressional Democrat Leadership for their rapid
agreement on an economic stimulus package to aid families across
America. While I feel that this stimulus package is a step in the right
direction, I am disappointed that there was no aggressive plan for job
training programs such as: adult education and literacy, welfare-to-
work, and vocational education.
As a senior member of the House Science Committee, I feel it is
important to invest in our children's futures. This Congress has led
the fight to address access to higher education, enrichment programs in
STEM fields, advancement in educational programs for minorities, and
spur critical research and development to meet the needs of the
country. Education is the foundation to building a better and brighter
future for all Americans.
Mr. Speaker, honest, hard-working men and women are struggling to
make a decent living as they go about their daily routines. The
economic disparities of African American and other minorities are truly
hurting this country. I am hopeful that the President will join this
Congress to help find long-term, comprehensive measures as opposed to a
temporary bandaid to our economic problems.

____________________

LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted to:
Mr. Braley of Iowa (at the request of Mr. Hoyer) for today on account
of travel delays.
Mr. Honda (at the request of Mr. Hoyer) for today on account of
official business in district.
Mr. Kind (at the request of Mr. Hoyer) for today on account of travel
delays.

[[Page 4540]]

Ms. Granger (at the request of Mr. Boehner) for today through April
11, 2008, on account of medical reasons.
Mr. Whitfield of Kentucky (at the request of Mr. Boehner) for today
on account of unforeseen travel difficulties.

____________________

SPECIAL ORDERS GRANTED

By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Ms. Woolsey) to revise and
extend their remarks and include extraneous material:)
Ms. Woolsey, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Ms. Kaptur, for 5 minutes, today.
Ms. Linda T. Sanchez of California, for 5 minutes, today.
Mr. George Miller of California, for 5 minutes, today.
Ms. Jackson-Lee of Texas, for 5 minutes, today.
(The following Members (at the request of Mr. Wamp) to revise and
extend their remarks and include extraneous material:)
Mr. Poe, for 5 minutes, today, April 1, 2, and 3.
Mr. Jones of North Carolina, for 5 minutes, today, April 1, 2, and 3.
Mr. Franks of Arizona, for 5 minutes, today, April 1, 2, and 3.
Mr. Dreier, for 5 minutes, today, April 1, 2, and 3.
Mr. Wamp, for 5 minutes, today.
Mrs. Schmidt, for 5 minutes, today.
Mr. Westmoreland, for 5 minutes, today.
Mr. Burton of Indiana, for 5 minutes, today, April 1, 2, and 3.

____________________

ADJOURNMENT

Mrs. JONES of Ohio. Mr. Speaker, I move that the House do now
adjourn.
The motion was agreed to; accordingly (at 9 o'clock and 40 minutes
p.m.), under its previous order, the House adjourned until tomorrow,
Tuesday, April 1, 2008, at 10:30 a.m., for morning-hour debate.

____________________

EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL

Reports concerning the foreign currencies and U.S. dollars utilized
for speaker-authorized official travel during the fourth quarter of
2007 and the first quarter of 2008, pursuant to Public Law 95-384 are
as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PATRICK J. ALWINE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 31 AND FEB. 3, 2008
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem \1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency currency currency currency
-----------------------------------------------------------------------------------------------------------\2\-----------------------\2\-----------------------\2\-----------------------\2\----
Patrick J. Alwine...................... 1/31 2/1 Turkey................... ........... 140.00 ........... ........... ........... 46.00 ........... 186.00
2/1 2/2 Afghanistan.............. ........... 75.00 ........... ........... ........... ........... ........... 75.00
2/2 2/3 Austria.................. ........... 209.00 ........... ........... ........... 295.29 ........... 504.29
-------------------------------------------------------------------------------------------------------
Committee total.................. ........ .......... ......................... ........... ........... ........... ........... ........... ........... ........... 765.29
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Per diem constitutes lodging and meals.
\2\ If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
PATRICK J. ALWINE, Mar. 3, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, KENNETH A. KRAFT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 31 AND FEB. 3, 2008
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem \1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency currency currency currency
-----------------------------------------------------------------------------------------------------------\2\-----------------------\2\-----------------------\2\-----------------------\2\----
Kenneth A. Kraft....................... 1/31 2/1 Turkey................... ........... 140.00 ........... ........... ........... 46.00 ........... 186.00
2/1 2/2 Afghanistan.............. ........... 75.00 ........... ........... ........... ........... ........... 75.00
2/2 2/3 Austria.................. ........... 209.00 ........... ........... ........... 295.29 ........... 504.29
-------------------------------------------------------------------------------------------------------
Committee total.................. ........ .......... ......................... ........... ........... ........... ........... ........... ........... ........... 765.29
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Per diem constitutes lodging and meals.
\2\ If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
KENNETH A. KRAFT, Mar. 3, 2008.

(AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DANIEL MURPHY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 16 AND FEB. 21, 2008
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem \1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency currency currency currency
-----------------------------------------------------------------------------------------------------------\2\-----------------------\2\-----------------------\2\-----------------------\2\----
Daniel Murphy.......................... 2/16 2/21 Cape Verde............... ........... 1,600,000 ........... 6,845.60 ........... ........... ........... 8,445.60
-------------------------------------------------------------------------------------------------------
Committee total.................. ........ .......... ......................... ........... 1,600.00 ........... 6,845.60 ........... ........... ........... 8,445.60
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Per diem constitutes lodging and meals.
\2\ If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
DANIEL MURPHY, Mar. 10, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DANIEL MURPHY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 16 AND FEB. 21, 2008
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem \1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency currency currency currency
-----------------------------------------------------------------------------------------------------------\2\-----------------------\2\-----------------------\2\-----------------------\2\----
Daniel Murphy.......................... 2/16 2/16 Portugal................. ........... 1,600.00 ........... 6,845.60 ........... ........... ........... 8,445.60
2/16 2/21 Cape Verde............... ........... ........... ........... ........... ........... ........... ........... ...........
-------------------------------------------------------------------------------------------------------

[[Page 4541]]

Committee total.................. ........ .......... ......................... ........... 1,600.00 ........... 6,845.60 ........... ........... ........... 8,445.60
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Per diem constitutes lodging and meals.
\2\ If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
DANIEL MURPHY, Mar. 10, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 1 AND DEC. 31, 2007
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date Per diem \1\ Transportation Other purposes Total
---------------------- -------------------------------------------------------------------------------------------------------
U.S. dollar U.S. dollar U.S. dollar U.S. dollar
Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent
Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S.
currency currency currency currency
-----------------------------------------------------------------------------------------------------------\2\-----------------------\2\-----------------------\2\-----------------------\2\----
Hon. Ed Perlmutter..................... 11/30 12/2 Jordan................... ........... 139.65 ........... 6815.13 ........... 174.00 ........... 7128.78
12/2 12/4 Iraq..................... ........... 9.63 ........... 4432.90 ........... 5.00 ........... 4447.53
Hon. Yvette Clarke..................... 11/24 12/26 Italy.................... ........... 954.00 ........... (\3\) ........... ........... ........... 954.00
11/27 11/27 Chad..................... ........... 286.00 ........... (\3\) ........... ........... ........... 286.00
11/28 11/30 Ethiopia................. ........... 610.00 ........... (\3\) ........... ........... ........... 610.00
12/1 12/2 Belgium.................. ........... 452.00 ........... (\3\) ........... ........... ........... 452.00
Committee total.................... ........ .......... ......................... ........... 2,451.28 ........... 11,248.03 ........... 179.00 ........... 13,878.31
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Per diem constitutes lodging and meals.
\2\ If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.
\3\ Military air transportation.
BENNIE G. THOMPSON, Chairman.

____________________

OFFICE OF COMPLIANCE NOTICE OF ADOPTION OF SUBSTANTIVE REGULATIONS AND
SUBMISSION FOR CONGRESSIONAL APPROVAL

U.S. Congress,

Office of Compliance,

Washington, DC, March 21, 2008.
Hon. Nancy J. Pelosi,
Speaker, House of Representatives,
Washington, DC.
Dear Madam Speaker: On March 14, 2008, The Board of
Directors of the Office of Compliance sent to your office the
Text of Adopted Veterans' Employment Opportunities
Regulations and a Notice of Adoption of Substantive
Regulations and Submission for Congressional Approval. We
have been advised that there are a few typographical errors
in the Text of the Regulations and in the Notice and
Submission. Please accept the attached documents and disc as
the corrected versions of both the Text of the Regulations
and the Notice and Submission.
The Notice and Submission has been corrected to show that
it is in Section 1.118(c), rather than Section 1.117(c) that
the Board has clarified that an applicant's request for
information must be made in writing. In addition, the Notice
and Submission has been corrected to show that it is Section
1.118(d), rather than Section 1.118(e) that has been revised
to provide that employing offices are expected to answer
applicant questions concerning the employing office's
veterans' preference policies and practices only if such
questions are ``relevant and non-confidential.''
The Text of the Regulations has also been corrected to be
consistent with the Notice and Submission and modifies
Section 1.108(b) to require employing offices to consider
veterans' preference as ``an affirmative factor in the
employing office's determination of who will be appointed
from among qualified applicants.''
The Board requests that the accompanying corrected Notice
be published in both the House and Senate versions of the
Congressional Record on the first day on which both Houses
are in session following receipt of this transmittal. The
Board also requests that Congress approve the proposed
Regulations, as corrected and further specified in the
accompanying Notice.
An inquiries regarding the accompanying Notice should be
addressed to Tamara E. Chrisler, Executive Director of the
Office of Compliance, 110 2nd Street, SE., Room LA-200,
Washington, DC. 20540; 202-724-9250, TDD 202-426-1912.
Sincerely,
Susan S. Robfogel,
Chair.
____

Adoption of the Office of Compliance Regulations Implementing Certain
Substantive Employment Rights and Protections for Veterans, as Required
by 2 U.S.C. 1316a, the Congressional Accountability Act of 1995, as
Amended (CAA)

procedural summary

Issuance of the board's initial notice of proposed rulemaking
On February 28, 2000, and March 9, 2000, the Office of
Compliance published an Advanced Notice of Proposed
Rulemaking (``ANPR'') in the Congressional Record (144 Cong.
Rec. S862 (daily ed., Feb. 28, 2000), H916 (daily ed., March
9, 2000)). On December 6, 2001, upon consideration of the
comments to the ANPR, the Office published a Notice of
Proposed Rulemaking (``NPR'') in the Congressional Record
(147 Cong. Rec. S12539 (daily ed. Dec. 6, 2001), H9065 (daily
ed. Dec. 6, 2001)). The Board took no action on those earlier
Notices and instead, after extensive consultation with
stakeholders, issued a subsequent Notice on December 1, 2001.
Why did the Board propose these new Regulations? Section
4(c) of the CAA, 2 U.S.C. 1316a (4), requires that the Board
of Directors propose substantive regulations implementing the
rights and protections relating to veterans' employment which
are ``the same as the most relevant substantive regulations
(applicable with respect to the executive branch) promulgated
to implement the statutory provisions . . . except insofar as
the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.''
What procedure followed the Board's December 1, 2001 Notice
of Proposed Rulemaking? The December 1, 2001 Notice of
Proposed Rulemaking included a thirty day comment period,
which began on December 2, 2001. A number of comments to the
proposed substantive regulations were received by the Office
of Compliance from interested parties. The Board of Directors
has reviewed the comments from interested parties, engaged in
extensive discussions with stakeholders to obtain input and
suggestions into the drafting of the regulations, made a
number of changes to the proposed substantive regulations in
response to comments, and has adopted the amended
regulations.
What is the effect of the Board's ``adoption'' of these
proposed substantive regulations? Adoption of these
substantive regulations by the Board of Directors does not
complete the promulgation process. Pursuant to section 304 of
the CAA, 2 U.S.C. 1384, the procedure for promulgating such
substantive regulations requires that:
(1) the Board of Directors issue proposed substantive
regulations and publish a general notice of proposed
rulemaking in the Congressional Record (the December 1
Notice);
(2) there be a comment period of at least 30 days after the
date of publication of the general notice of proposed
rulemaking; and
(3) after consideration of comments by the Board of
Directors, that the Board adopt regulations and transmit
notice of such action together with the regulations and a
recommendation regarding the method for Congressional
approval of the regulations to the Speaker of the House and
President pro tempore of the Senate for publication in the
Congressional Record.
This Notice of Adoption of Substantive Regulations and
Submission for Congressional Approval completes the third
step described above.
What are the next steps in the process of promulgation of
these regulations? Pursuant to section 304(b)(4) of the CAA,
2 U.S.C. 1384(b)(4), the Board of Directors is required to
``include a recommendation in the general notice of proposed
rulemaking and in the regulations as to whether the
regulations

[[Page 4542]]

should be approved by resolution of the Senate, by resolution
of the House of Representatives, by concurrent resolution, or
by joint resolution.'' The Board of Directors recommends that
the House of Representatives adopt the ``H'' version of the
regulations by resolution; that the Senate adopt the ``S''
version of the regulations by resolution; and that the House
and Senate adopt the ``C'' version of the regulations applied
to the other employing offices by a concurrent resolution.
Are there regulations covering veterans' rights currently
in force under the CAA? No.

additional general information

Why are there substantive differences in the proposed
regulations for the House of Representatives, the Senate, and
the other employing offices? Because the Board of Directors
has identified ``good cause'' to modify the executive branch
regulations to implement more effectively the rights and
protections for veterans, there are some differences in other
parts of the proposed regulations applicable to the Senate,
the House of Representatives, and the other employing
offices.
Are these proposed regulations also recommended by the
Office of Compliance's Executive Director, the Deputy
Executive Director for the Senate, and the Deputy Executive
Director for the House of Representatives? Yes, as required
by section 304(b)(1) of the CAA, 2 U.S.C. 1384(b)(1), the
substance of these regulations have also been recommended by
the Executive Director and Deputy Executive Directors of the
Office of Compliance.
Are these proposed CAA regulations available to persons
with disabilities in an alternate format? This Notice of
Adoption of Substantive Regulations, and Submission for
Congressional Approval is available on the Office of
Compliance web site, www.compliance.gov, which is compliant
with section 508 of the Rehabilitation Act of 1973 as
amended, 29 U.S.C. 794d. This Notice can also be made
available in large print or Braille. Requests for this Notice
in an alternative format should be made to: Annie Leftwood,
Executive Assistant, Office of Compliance, 110 2nd Street,
S.E., Room LA-200, Washington, DC 20540; 202-724-9250; TDD:
202-426-1912; FAX: 202-426-1913.
Supplementary Information: The Congressional Accountability
Act of 1995 (CAA), PL 104-1, was enacted into law on January
23, 1995. The CAA applies the rights and protections of 12
federal labor and employment statutes to covered employees
and employing offices within the Legislative Branch of
Government. Section 301 of the CAA (2 U.S.C. 1381)
establishes the Office of Compliance as an independent office
within the Legislative Branch.

The Board's Responses to Comments

Summary of major comments
Covered employees
Section 1.102 sets forth general definitions that apply
throughout the Board's veterans' preference regulations. The
Committee on House Administration expressed the concern that
readers might find the definitions that determine coverage of
the regulations confusing. The definition of ``covered
employee'' in Section 1.102(f) traces the definition of the
same term in the Congressional Accountability Act, and then
applies the differently worded and potentially more limited
exception to that term as provided in the VEOA. Because these
two aspects of the definition in Section 1.102(f) are based
on statutory language, we have not revised the definition
itself. However, the final regulations include a new Section
1.101(c) entitled ``Scope of Regulations'' that contains a
clear statement that the regulations shall not apply to an
employing office that only employs individuals excluded from
the definition of ``covered employee'' under the VEOA,
including employees whose appointment is made by a member of
Congress or by a Committee or Subcommittee of either House of
Congress or a Joint Committee of the House of Representatives
and the Senate.
In view of the selection process for certain Senate
employees, the words ``or directed'' have been added to the
definition of ``covered employee'' to include any employee
who is hired at the direction of a Senator, but whose
appointment form is signed by an officer of either House of
Congress. Including the words ``or directed'' in the
definition has the effect of excluding such employees from
the definition of ``covered employee'' for purposes of the
veterans' preference provisions in the regulations to be made
applicable to the Senate. A reference to 2 U.S.C. Sec. 43d(a)
also has been added to the definition of ``covered
employee''. Including the reference to 2 U.S.C. Sec. 43d(a)
has the effect of excluding employees whose appointment is
allowed under that statutory provision from the definition of
``covered employee'' in the regulations to be made applicable
to the Senate. These changes will give full effect to the
exclusion in 2 U.S.C. Sec. 1316(5)(B).
Similar additions were not made in the definition of
``covered employee'' that appears in the regulations to be
made applicable to the House of Representatives. It appears
that this language would be overreaching for the House. As
the House has different methods of making appointments and
selections, this language appears to be unnecessary and may
create confusion given the practices of the House. Employees
of members' offices are excluded from coverage, and section
1.101(c) of the draft regulations provides a number of
additional exceptions to coverage that otherwise are
applicable to the House:
(1) whose appointment is made by the President with the
advice and consent of the Senate;
(2) whose appointment is made by a committee or
subcommittee of either House of Congress or a joint committee
of the House of Representatives and the Senate; or
(3) who is appointed to a position, the duties of which are
equivalent to those of a Senior Executive Service position
(within the meaning of Section 3132(a)(2) of title 5, United
States Code).
We believe the exceptions to coverage listed above will
exclude from coverage all employees of the House who by
statute were not meant to be covered under the VEOA
provisions, without creating unintended exceptions due to the
selection procedures under HEPCA.
The ``or directed'' language has not been made to the
definition of ``covered employee'' in the regulations to be
made applicable to the other employing offices. Employees of
those other employing offices are included in the definition
of ``covered employee'' even if their appointment form is
signed or subject to final approval by a Member or Members of
Congress.
Definition of ``appointment''
Section 1.102(d) defines the term ``appointment''. As
initially proposed the term excluded ``inservice placement
actions such as promotions''. This exclusion was derived from
OMB regulations applicable in the executive branch. See 5 CFR
211.102(c). Senate stakeholders noted that the term
``inservice placement actions'' is not commonly used in the
legislative branch and questioned whether the veterans'
preference would apply in any post-employment decisions other
than reductions in force as that term is defined in these
regulations. In the executive branch, the preference afforded
to preference eligibles in the appointment process only
applies to original appointments in the competitive service.
See 5 U.S.C. Sec. 3309. It is possible, therefore, for an
executive branch employee who has initially been employed in
a position that is not within the competitive service to
later seek appointment to a position in the competitive
service. The employing offices within the legislative branch
do not have a ``competitive service'' and therefore do not
recognize the notion that an initial appointment to the
competitive service could be made by an employee holding a
position that is not in the competitive service. For these
reasons, the Board agreed that use of the phrase ``inservice
placement actions'' was confusing and possibly misleading. In
the final regulations, the definition of ``appointment'' has
been modified to exclude ``any personnel action that an
employing office takes with regard to an existing employee of
the employing office''.
Definition of employing office
In addition to the changes discussed above, technical
corrections were made to the definition of ``employing
office'', to clarify that the term includes the Capitol
Police Board.
Veterans' preference in appointments to restricted
positions
Section 1.107 addresses the application of veterans'
preference in appointments to the restricted positions of
custodian, elevator operator, guard and messenger. As
proposed, Section 1.107 provided that, for these positions,
the employing office ``shall restrict competition to
preference eligibles as long as preference eligibles are
available.'' The Committee on House Administration suggested
that the requirement of an absolute preference for veterans
(and other preference eligibles) to fill guard positions
without regard to experience, quality of work or employment
references would undermine the efforts of various
congressional entities to provide the most secure environment
possible for the employees of and visitors to the
Congressional office buildings. For this reason, the
Committee requested that the Board find ``good cause'' for
deviating from the executive branch regulations and exclude
the position of guard from Section 1.107.
Section 1.107 derives from statutory language made
applicable to the legislative branch by the VEOA. Removing
one of the four restricted positions from the regulations
would represent a significant deviation from the VEOA's goal
of applying the veterans' preference principles currently
applicable in the executive branch in the legislative branch.
However, the Board agrees that employing offices should not
be required to appoint individuals who are not qualified to
perform the role of a guard, particularly where unique
security concerns are present, simply because the individual
is preference eligible. Accordingly, the final regulation
clarifies that with respect to the four statutory restricted
positions, the employing office ``shall restrict competition
to preference eligible applicants as long as qualified
preference eligible applicants are available.'' This
reference to ``qualified . . . applicants'' is intended to
refer to the definition of ``qualified applicant'' in Section
1.102(q).

[[Page 4543]]

Section 1.102(q) defines the term as an applicant for a
covered position whom an employing office deems to satisfy
the requisite minimum job-related requirements of the
position. Employing offices are provided flexibility in
devising the minimum job-related requirements for a
particular covered position. The unique security concerns on
Capitol Hill may result in additional or more stringent
requirements for the position of guard. Accordingly, we have
revised Section 1.107 to clarify that preference eligibles
must be qualified to be considered for any restricted
position, be it that of custodian, elevator operator, guard,
or messenger.
Senate Employment Counsel noted that the definitions of
three of the four listed restricted positions include the
limiting words ``primary duty,'' and suggested that the
definition of ``guard'' also include the primary duty
limitation. We agree that this is important given that the
definition of guard includes those who ``make observations
for detection of fire, trespass, unauthorized removal of
public property or hazards to federal personnel or property''
and any manager responsible for insuring a safe work
environment may engage in these activities. Accordingly, we
have included the limiting words ``primary duty'' in the
definition of guard.
Veterans' preference in appointments to non-restricted
covered positions
Section 1.108(a) requires employing offices who use
numerical examination or rating systems to add points to the
ratings of preference eligibles in a manner that is
comparable to the points added in accordance with the
provisions of 5 U.S.C. Sec. 3309. Comments submitted by the
Committee on House Administration express the concern that a
``numerical examination or rating system'' may be interpreted
to apply whenever one interviewer ``rates'' or gives
numerical ``grades'' to interviewees even though other
interviewers and decision makers are not using a similar
system. To address this concern, Section 1.108(a) has been
revised to provide that the addition of veterans' preference
points is required only when the employing office has ``duly
adopted a policy requiring the numerical scoring or rating of
applicants for covered positions. . . .''
As proposed, Section 1.108(b) would have required employing
offices to consider veterans' preference eligibility as an
affirmative factor that would be ``given weight in a manner
proportionately comparable to the points prescribed in 5
U.S.C. Sec. 3309 in the employing office's determination of
who will be appointed from among qualified applicants.''
Several commenters expressed concern with respect to the
manner in which Section 1.108(b)'s requirements would be
administered. For example, some expressed the concern that
application of a factor ``proportionately comparable'' to a
point system would, in itself, require the adoption of a
point system to ensure compliance. Others expressed concern
with respect to when the preference should be afforded to
qualified applicants, and suggested that Section 1.108(b)
simply require that the preference be the deciding factor if
all other factors among the applicants considered most
qualified were equal. After careful consideration, the Board
has modified Section 1.108(b) to require employing offices to
consider veterans' preference eligibility as ``an affirmative
factor in the employing office's determination of who will be
appointed''. This change has been adopted to confirm that
these regulations are not intended to require employing
offices that do not use point-based rating systems to adopt
them simply to be able to comply with their VEOA obligations.
The Board reiterates that, because Section 1.108(b) is
derived from the statutory provisions in 5 U.S.C. Sec. 3309,
veterans' preference will not be the only factor, and,
depending upon the relative merits of the candidates, may not
be the most important factor in the employing office's
appointment decision. Section 3309 affords preference
eligibles 5 or 10 points when a 100-point rating scale is
used, and employing offices are not required to afford any
greater weight to veterans' preference in their appointment
decisions. The Board notes that all preference eligibles who
are found by the employing office to be ``qualified
applicants'' must be afforded the preference. The Board
expects that in cases where all other factors are relatively
equal, consideration of the preference as an affirmative
factor may result in the preference eligible being appointed.
In other cases, consideration of the preference as an
affirmative factor may boost the applicant further along in
the appointment process but ultimately not be sufficient to
overcome the other favorable attributes of the final
candidate or even of the others within a final pool of
candidates.
Waiver of physical requirements in appointments to covered
positions
As proposed, Section 1.110(b) required an employing office
to notify an otherwise qualified preference eligible
applicant who has a compensable service-connected disability
of 30% or more if the employing office determines that the
applicant is not able to fulfill the physical requirements of
the position. The employing office must inform the applicant
of the reasons for the employing office's determination and
allow the applicant 15 days to respond and submit additional
information to the employing office. Thereafter, the
``highest level'' of the employing office must consider any
response and additional information supplied by the applicant
and notify the applicant of its findings regarding the
applicant's ability to perform the duties of the position.
The Committee on House Administration inquired whether an
employing office must engage in the prescribed dialogue if
the applicant is clearly not the most qualified applicant for
the position. A concern regarding the timing of the required
dialogue was also raised in the comments received from the
Senate Employment Counsel. In those comments, Counsel raised
the concern that engaging in the required dialogue before a
conditional offer of employment is made would conflict with
the provisions of the Americans with Disabilities Act
regarding pre-employment disability-related inquiries.
Section 1.110 does not require or allow employing offices to
engage in any inquiries that would be unlawful under the
Americans with Disabilities Act. In accordance with 5 U.S.C
Sec. 3312, Section 1.110(a)(2) requires an employing office
to waive physical requirements on the basis of ``the evidence
before it'', including any recommendation of an accredited
physician submitted by the preference eligible applicant. It
is presumed that such evidence will come before the employing
office through means allowed under the Americans with
Disabilities Act, whether this occurs through an applicant's
request for accommodation or through lawful pre-employment
inquiries. Similarly, Section 1.110(b) does not require an
employing office to make a determination regarding preference
eligible applicants' physical ability to perform the duties
of the position, but only describes the procedures that must
be followed if and when such a determination is made.
The Committee on House Administration also expressed the
concern that a 15-day response period would impair an
employing office's operations if there is a need to fill a
particular covered position quickly. To respond to this
concern, the final regulation includes the statement, ``The
director of the employing office may, by providing written
notice to the preference eligible applicant, shorten the
period for submitting a response with respect to an
appointment to a particular covered position, if necessary
because of a need to fill the covered position immediately.''
The Committee on House Administration inquired about the
definition of the ``highest level'' within the employing
office. Consistent with the Committee's suggestions, the
final regulation refers to the ``highest ranking individual
or group of individuals with authority to make employment
decisions on behalf of the employing office.''
Comments submitted by the Capitol Police inquired about the
definition of ``accredited physician'' as used in Section
1.110(a)(2). The final regulations contain a definition of
this term at Section 1.102(a).
Definitions applicable in reductions in force
Senate Employment Counsel raised a concern with respect to
the proposed Section 1.111(b) provision that the ``minimum
competitive area'' be a department or subdivision of the
employing office ``under separate administration.'' Counsel
raised the concern that this definition could be interpreted
in a manner inconsistent with the definition of ``competitive
area'' as ``that portion of the employing office's
organizational structure, as determined by the employing
office, in which covered employees compete for retention.''
Counsel notes that certain employing offices, such as the
Sergeant-At-Arms and the Secretary of the Senate, have
multiple departments that are headed by different
individuals, but some personnel decisions may be centralized
with the executive office of the employing office. To address
this concern, the final regulation deletes the reference to
``separate administration'' such that the minimum competitive
area is a ``department or subdivision of the employing office
within the local commuting area.''
In addition, Senate Employment Counsel suggested that the
definition of ``reduction in force'' in Section 1.111(e) is
broader in scope than the regulations applicable to the
executive branch. In this respect, Counsel suggested that the
executive branch regulations in 5 C.F.R. Sec. 351.201(a)(2)
exclude any layoff or other personnel action that might
otherwise be considered a ``reduction in force'' if at least
180 days prior notice is given. However, the executive branch
regulations apply the 180-day exception only to ``the
reclassification of an employee's position due to erosion of
duties when such action will take effect after an agency has
formally announced a reduction in force in the employee's
competitive area and when the reduction in force will take
effect within 180 days.'' As a result, the Board does not
consider Section 1.111(e) to be broader in scope than the
executive branch regulations.
The Board also considered the application of a veterans'
preference in connection with terminations and other
reductions attributable to a change in party leadership or
majority party status within the House of Congress in which a
covered employee is employed. The Board has determined that
positions affected by such changes are subject to the same
considerations applicable to positions in which appointment
is made or directed by a Member of Congress. The Board

[[Page 4544]]

therefore has excluded terminations and reductions
attributable to such changes from the definition of reduction
in force in Section 1.111(e) in the regulations applicable to
the House and Senate, in order to give full effect to the
exclusion in 2 U.S.C. Sec. 1316(5)(B). These changes have not
been made to the definition of ``reduction in force''
contained in the regulations applicable to the other
employing offices.
The Committee on House Administration suggested that the
requirement of ``objectively quantifiable evidence'' be
stricken from the definition of ``undue interruption'' in
Section 1.111(f). The concept of ``undue interruption'' is
used in Section 1.111(c) in determining whether various
covered positions must be included within a particular
position classification or job classification. Section
1.111(c) states that position classifications or job
classifications ``shall refer to all covered positions within
a competitive area that are in the same grade, occupational
level or classification, and which are similar enough in
duties, qualification requirements, pay schedules, tenure
(type of employment) and working conditions so that an
employing office may reassign the incumbent of one position
to any of the other positions in the position classification
without undue interruption.'' The Committee noted that the
definition of ``undue interruption'' in Section 1.111(f)
allows an employing office to consider quality of work when
assessing whether an employee transferred into the position
would need more than 90 days to complete required work, and
expressed concern with the requirement in the proposed
regulation that an employing office prove ``undue
interruption'' by ``objectively quantifiable evidence.'' In
this respect, the Committee noted that quality of work is
often a subjective determination which, by its nature, cannot
always be proven by ``objectively quantifiable evidence.''
The Board agrees that the proposed ``objectively quantifiable
evidence'' requirement could create unnecessary confusion
with respect to the burden of proof applicable in a claim
brought under the VEOA and has, therefore, deleted the
reference to ``objectively quantifiable evidence'' in the
final regulations.
The Committee also questioned Section 1.111(f)'s reference
to ``work programs.'' Although the Committee requested that
the Board provide a definition of ``work program,'' the Board
considered it more prudent to make this provision consistent
with other references in Section 1.111(f) to ``work'' as
opposed to ``work programs.''
The Committee on House Administration also inquired
whether the definition of reduction in force in Section
1.111(e) applies to temporary employees. The final regulation
clarifies that the term ``reduction in force'' does not
encompass a termination or other personnel action ``involving
an employee who is employed by the employing office on a
temporary basis.''
Application of preference in reductions in force
Section 1.112 makes veterans' preference the controlling
factor in retention decisions if the preference eligible's
performance has not been rated unacceptable. As noted by
Senate Employment Counsel, the Board's proposed regulation is
based upon 5 U.S.C. Sec. 3502(c), which provides that an
employee is entitled to such preference if the employee's
``performance has not been rated unacceptable under a
performance appraisal system implemented under Chapter 43 of
this Title. . . .'' The Supreme Court has interpreted
analogous language in the predecessor legislation to mean
that preference eligible veterans have preference over all
non-preference eligible employees, without regard to tenure,
length of service, or efficiency of performance. Hilton v.
Sullivan, 334 U.S. 323, 335 (1948). Counsel notes that the
Senate is not subject to the performance appraisal system set
forth in Chapter 43 of Title 5 and asserts that it is
improper to use 5 U.S.C. Sec. 3502(c) as the basis for a
regulation requiring the retention of veterans over non-
veterans in all cases. Counsel suggests that the regulation
should be based on 5 U.S.C. Sec. 3502(a), which requires that
any implementing regulation give ``due effect'' to tenure of
employment, military preference (subject to Sec. 3501(a)(3)),
length of service and efficiency or performance ratings. The
Board has carefully considered these comments and continues
to believe that because the VEOA makes 5 U.S.C. Sec. 3502(c)
applicable to the legislative branch, the absolute veterans'
preference embodied in that section also must be made
applicable to the legislative branch. The Board notes that
the Supreme Court's finding in Hilton was not based on the
unique elements and attributes of the performance appraisal
system implemented under Chapter 43 of Title 5, but on its
understanding that ``Congress passed the bill with full
knowledge that the long standing absolute retention
preference of veterans would be embodied in the Act.''
Hilton, 334 U.S. at 339. The Board considers its task in
devising these regulations to implement veterans' preference
in the legislative branch in a manner that mirrors, as
closely as possible, the veterans' preference principles
applicable in the executive branch. Accordingly, the final
regulation retains Section 1.112 in substantially the form
proposed, because the primary purpose of 5 U.S.C.
Sec. 3502(c) is to make veteran's preference the controlling
factor in retention decisions. An additional concern was
expressed that use of the term ``rated'' in Section 1.112
suggests that employing offices must adopt formal rating
systems in order to comply with the regulation. The Board
agrees that the term may lead to confusion and has modified
the provisions in Section 1.112 so that the veterans'
preference will apply only if the preference eligible
employee's performance has not been ``determined to be''
unacceptable.
Good cause for requirements in subpart E
The regulations in Subpart E contain various informational
requirements. Section 1.116 requires an employing office with
covered employees to adopt a written veterans' preference
policy. Section 1.117 requires employers to retain certain
information regarding their veterans' preference decisions
for specified periods of time. Sections 1.118 and 1.119
address the dissemination of information to applicants for
covered positions. Section 1.120 addresses the dissemination
of information to covered employees generally, and Section
1.121 describes the notice that must be given before a
reduction in force.
Senate Employment Counsel and the Capitol Police note that
no corresponding executive branch regulation would require
either the adoption of a written policy or the other
informational and record keeping requirements in Subpart E.
These commenters express the concern that the regulations in
Subpart E are not consistent with the directive in Section
4(c)(4)(B) of the VEOA, which states in relevant part, ``The
regulations issued ... shall be the same as the most relevant
substantive regulations (applicable with respect to the
executive branch) promulgated to implement the statutory
provisions . . . except insofar as the Board may determine
for good cause shown and stated together with the regulation,
that a modification of such regulations would be more
effective for the implementation of the rights and
protections under this section.''
The Board has carefully considered these concerns and
reaffirms its previous determination that there is good cause
for adopting the requirements described in Subpart E of the
regulations. We note first that the very structure of the
statutory provisions made applicable to the legislative
branch by the VEOA presumes that uniformly applicable
policies and procedures will be used in applying veterans'
preference in hiring and retention decisions. We also
continue to believe that the requirements in Subpart E of the
regulations are a necessary counterpart to the approach
reflected in the veterans' preference regulations, which
affords employing offices with significant discretion and
flexibility in implementing their own veterans' preference
policies and procedures. For example, the regulations do not
mandate a particular policy or practice in implementing
veterans' preference, such that applicants cannot turn to
published regulations to fully determine their rights.
Further, since the regulations do not mandate the maintenance
of retention registers, covered employees will not be able to
inspect such registers to determine their retention status
vis-a-vis other employees. Because OPM-like regulations will
not be adopted, the Board has determined that the creation of
a policy, dissemination of information and record keeping are
necessary to insure the effective implementation of the
rights and protections provided under the VEOA. This approach
meets the requirements of Section 4(c)(4)(B) of the VEOA and
is also consistent with the purposes of the Congressional
Accountability Act (see Section 301(h) of the Act, 2 U.S.C.
Sec. 1381(h), which charges the Office of Compliance with
carrying out a program of education ``. . . to inform
individuals of their rights under laws made applicable to the
legislative branch of the Federal Government'').
Adoption of Veterans' Preference Policy
Senate Employment Counsel and other commenters suggest
that, as proposed, Section 1.116 was overbroad to the extent
that it would require employing offices to make their
veterans' preference policies available to the public upon
request. Senate Employment Counsel notes that ``unlike
executive branch agencies, Senate employing offices are not
subject to the Freedom of Information Act and therefore have
no duty to make available to the public any records regarding
their employment practices.'' (Citing 5 U.S.C. Sec. 551,
which defines ``agency'' as excluding the Congress.) The
Board agrees that effective implementation of the rights and
protections under the VEOA only requires dissemination of
information regarding an employing office's veterans'
preference policies to covered employees and applicants for
covered positions. Accordingly, the final Section 1.116 has
deleted the requirement that these policies be made available
to the public upon request.
Record keeping
Senate Employment Counsel suggests that the record
retention period described in Section 1.117 be shortened from
one year to nine months or perhaps 275 days, given the
deadlines by which an employee must request counseling and
mediation under Sections 402 and 403 of the Congressional
Accountability Act, 2 U.S.C. Sec. 1402 and Sec. 1403. In this
respect, Counsel suggests that an employing office

[[Page 4545]]

will always be informed about a possible claim within 8
months or approximately 240 days after notice of hiring or a
reduction in force is provided to the employee. Counsel has
not suggested that the requirement that applicable records be
retained for one year, or 90 to 120 days longer than may be
required given the CAA deadlines, will work a significant
hardship on employing offices, and the Board finds it prudent
to allow additional time from the date on which the employing
office is formally notified of a claim for that notice to
reach the individual representatives of the employing office
who have maintained records relative to the claim.
Dissemination of veterans' preference policies to
applicants for covered positions
As proposed, Section 1.118 required that employing offices
disseminate their veterans' preference policies and
procedures to ``all qualified applicants'' for a covered
position. Several of the commenters expressed concern with
the burden and cost attendant to such a requirement. The
final regulation, in Section 1.118(c), requires that the
described information be provided ``upon request'' from an
applicant for a covered position, and does note require
dissemination to ``all qualified applicants.'' In Section
1.118(c) of the final regulations, the Board has also
clarified that an applicant's request for information must be
made in writing. To ensure that preference eligible
applicants will know that they may request information from
an employing office, we have added Section 1.118(b)(3), which
requires that invitations to self-identify oneself as
veterans' preference eligible applicants ``state clearly that
applicants may request information about the employing
office's veterans' preference policies as they relate to
appointments to covered positions and . . . describe the
employing office's procedures for making such requests.''
The Committee on House Administration also suggested that
Section 1.118(d) be modified to provide that employing
offices are expected to answer applicant questions concerning
the employing office's veterans' preference policies and
practices only if such questions are ``relevant and non-
confidential.'' The Board agrees and has revised Section
1.118(d) as suggested.
Dissemination of veterans' preference policies to covered
employees
Several comments were received regarding Sections 1.119
(dissemination of veterans' preference policies to covered
employees), 1.120 (written notice prior to a reduction in
force), and 1.121 (informational requirements regarding
veterans' preference determinations). In the final
regulations, these provisions have been modified in several
ways. Requirements regarding information that must be
provided to preference eligible applicants as a result of
appointment determinations have been moved from Section
1.121(a) and now appear in Section 1.119.
Section 1.119 of the final regulations addresses requests
for information by applicants for a covered position. The
requirements of this Section have been limited to providing
the employing office's veterans' preference policy or a
summary of the policy as it relates to appointments to
covered positions, a statement of whether the applicant is
preference eligible and, if the applicant is not preference
eligible, the reasons for the employing office's
determination that the applicant is not preference eligible.
After further consideration, the Board removed from the final
regulations the requirements that the employing office
provide additional information about its appointment
decision. As noted previously, these regulations are intended
to implement veterans' preference in the legislative branch
in a manner that mirrors as closely as possible the veterans'
preference principles applicable in the executive branch. The
Board has removed the additional informational requirements
because they exceeded OPM requirements and were not deemed
critical to the implementation and enforcement of the
veterans' preference principles made applicable to the
legislative branch by the VEOA.
Section 1.120 of the final regulations addresses the
dissemination of veterans' preference policies to covered
employees. For the reasons addressed above, Section 1.120(c)
limits an employing office's responsibility to answer
questions from covered employees to those questions that are
``relevant and non-confidential'' concerning the employing
office's veterans' preference policies and practices.
Section 1.121 of the final regulations addresses the
written notice required prior to a reduction in force. Under
Section 1.121(b)(6)(A) and (B) of the final regulations, the
written notice must include a list of all covered employees
in the covered employee's position classification or job
classification and competitive area who will be retained by
the employing office, identifying those employees by job
title only and stating whether each such employee is
preference eligible, and a list of all covered employees in
the covered employee's position classification or job
classification and competitive area who will not be retained
by the employing office, identifying those employees by job
title only and stating whether each such employee is
preference eligible. Along with the information required
under Section 1.121(b)(4) (the covered employee's competitive
area) and Section 1.121(b)(5) (the covered employee's
eligibility for the veterans' preference in retention and how
that status was determined) of the final regulations, these
lists are intended to replace the provisions in 5 U.S.C.
Sec. 3502(d)(2)(D), which require that the notice include
``the employee's ranking relative to other competing
employees, and how that ranking was determined.'' Because
this information will be provided in the notice required
before a reduction in force, the Board has determined that it
is unnecessary to require that additional information be
provided to employees affected by a reduction in force, as
had been contemplated by Section 1.121(b) of the proposed
regulations.
The changes in Sections 1.118, 1.119, 1.120 and 1.121 of
the final regulations are intended to reduce the burden and
cost to employing offices in providing information to
applicants for covered positions, and to reduce the burden
and cost to employing offices in providing information to
covered employees in the event of a reduction in force.
____

Text of Adopted Veterans' Employment Opportunities Regulations

Subpart A--Matters of General Applicability to All Regulations
Promulgated under Section 4 of the VEOA

Sec.
1.101 Purpose and scope.
1.102 Definitions.
1.103 Adoption of regulations.
1.104 Coordination with section 225 of the Congressional
Accountability Act.

SEC. 1.101. PURPOSE AND SCOPE.

(a) Section 4(c) of the VEOA. The Veterans Employment
Opportunities Act (VEOA) applies the rights and protections
of sections 2108, 3309 through 3312, and subchapter I of
chapter 35 of title 5 U.S.C., to certain covered employees
within the Legislative branch.
(b) Purpose of regulations. The regulations set forth
herein are the substantive regulations that the Board of
Directors of the Office of Compliance has promulgated
pursuant to section 4(c)(4) of the VEOA, in accordance with
the rulemaking procedure set forth in section 304 of the CAA
(2 U.S.C. Sec. 1384). The purpose of subparts B, C and D of
these regulations is to define veterans' preference and the
administration of veterans' preference as applicable to
Federal employment in the Legislative branch. (5 U.S.C.
Sec. 2108, as applied by the VEOA). The purpose of subpart E
of these regulations is to ensure that the principles of the
veterans' preference laws are integrated into the existing
employment and retention policies and processes of those
employing offices with employees covered by the VEOA, and to
provide for transparency in the application of veterans'
preference in covered appointment and retention decisions.
Provided, nothing in these regulations shall be construed so
as to require an employing office to reduce any existing
veterans' preference rights and protections that it may
afford to preference eligible individuals.
H Regs: (c) Scope of Regulations. The definition of
``covered employee'' in Section 4(c) of the VEOA limits the
scope of the statute's applicability within the Legislative
branch. The term ``covered employee'' excludes any employee:
(1) whose appointment is made by the President with the
advice and consent of the Senate; (2) whose appointment is
made by a Member of Congress within an employing office, as
defined by Sec. 101 (9)(A-C) of the CAA, 2 U.S.C. Sec. 1301
(9)(A-C) or; (3) whose appointment is made by a committee or
subcommittee of either House of Congress or a joint committee
of the House of Representatives and the Senate; (4) who is
appointed to a position, the duties of which are equivalent
to those of a Senior Executive Service position (within the
meaning of section 3132(a)(2) of title 5, United States
Code). Accordingly, these regulations shall not apply to any
employing office that only employs individuals excluded from
the definition of covered employee.
S Regs: (c) Scope of Regulations. The definition of
``covered employee'' in Section 4(c) of the VEOA limits the
scope of the statute's applicability within the Legislative
branch. The term ``covered employee'' excludes any employee:
(1) whose appointment is made by the President with the
advice and consent of the Senate; (2) whose appointment is
made or directed by a Member of Congress within an employing
office, as defined by Sec.

[[Page 4546]]

101(9)(A-C) of the CAA, 2 U.S.C. Sec. 1301 (9)(A-C) or; (3)
whose appointment is made by a committee or subcommittee of
either House of Congress or a joint committee of the House of
Representatives and the Senate; (4) who is appointed pursuant
to 2 U.S.C. Sec. 43d(a); or (5) who is appointed to a
position, the duties of which are equivalent to those of a
Senior Executive Service position (within the meaning of
section 3132(a)(2) of title 5, United States Code).
Accordingly, these regulations shall not apply to any
employing office that only employs individuals excluded from
the definition of covered employee.
C Reg: (c) Scope of Regulations. The definition of
``covered employee'' in Section 4(c) of the VEOA limits the
scope of the statute's applicability within the Legislative
branch. The term ``covered employee'' excludes any employee:
(1) whose appointment is made by the President with the
advice and consent of the Senate; (2) whose appointment is
made by a Member of Congres or by a committee or subcommittee
of either House of Congress or a joint committee of the House
of Representatives and the Senate; or (3) who is appointed to
a position, the duties of which are equivalent to those of a
Senior Executive Service position (within the meaning of
section 3132(a)(2) of title 5, United States Code).
Accordingly, these regulations shall not apply to any
employing office that only employs individuals excluded from
the definition of covered employee.

SEC. 1.102. DEFINITIONS.

Except as otherwise provided in these regulations, as used
in these regulations:
(a) Accredited physician means a doctor of medicine or
osteopathy who is authorized to practice medicine or surgery
(as appropriate) by the State in which the doctor practices.
The phrase ``authorized to practice by the State'' as used in
this section means that the provider must be authorized to
diagnose and treat physical or mental health conditions
without supervision by a doctor or other health care
provider.
(b) Act or CAA means the Congressional Accountability Act
of 1995, as amended (Pub. L. 104-1, Sec. Sec. 109 Stat. 3, 2
U.S.C. Sec. Sec. 1301-1438).
(c) Active duty or active military duty means full-time
duty with military pay and allowances in the armed forces,
except (1) for training or for determining physical fitness
and (2) for service in the Reserves or National Guard.
(d) Appointment means an individual's appointment to
employment in a covered position, but does not include any
personnel action that an employing office takes with regard
to an existing employee of the employing office.
(e) Armed forces means the United States Army, Navy, Air
Force, Marine Corps, and Coast Guard.
(f) Board means the Board of Directors of the Office of
Compliance.
H Regs: (g) Covered employee means any employee of (1) the
House of Representatives; and (2) the Senate; (3) the Capitol
Guide Board; (4) the Capitol Police Board; (5) the
Congressional Budget Office; (6) the Office of the Architect
of the Capitol; (7) the Office of the Attending Physician;
and (8) the Office of Compliance, but does not include an
employee (aa) whose appointment is made by the President with
the advice and consent of the Senate; (bb) whose appointment
is made by a Member of Congress; (cc) whose appointment is
made by a committee or subcommittee of either House of
Congress or a joint committee of the House of Representatives
and the Senate; or (dd) who is appointed to a position, the
duties of which are equivalent to those of a Senior Executive
Service position (within the meaning of section 3132(a)(2) of
title 5, United States Code). The term covered employee
includes an applicant for employment in a covered position
and a former covered employee.
S. Regs: (g) Covered employee means any employee of (1)
the House of Representatives; and (2) the Senate; (3) the
Capitol Guide Board; (4) the Capitol Police Board; (5) the
Congressional Budget Office; (6) the Office of the Architect
of the Capitol; (7) the Office of the Attending Physician;
and (8) the Office of Compliance, but does not include an
employee (aa) whose appointment is made by the President with
the advice and consent of the Senate; (bb) whose appointment
is made or directed by a Member of Congress; (cc) whose
appointment is made by a committee or subcommittee of either
House of Congress or a joint committee of the House of
Representatives and the Senate; (dd) who is appointed
pursuant to 2 U.S.C. Sec. 43d(a); or (ee) who is appointed to
a position, the duties of which are equivalent to those of a
Senior Executive Service position (within the meaning of
section 3132(a)(2) of title 5, United States Code). The term
covered employee includes an applicant for employment in a
covered position and a former covered employee.
C Reg: (g) Covered employee means any employee of (1) the
Capitol Guide Service; (2) the Capitol Police; (3) the
Congressional Budget Office; (4) the Office of the Architect
of the Capitol; (5) the Office of the Attending Physician; or
(6) the Office of Compliance, but does not include an
employee: (aa) whose appointment is made by the President
with the advice and consent of the Senate; or (bb) whose
appointment is made by a Member of Congress or by a committee
or subcommittee of either House of Congress or a joint
committee of the House of Representatives and the Senate; or
(cc) who is appointed to a position, the duties of which are
equivalent to those of a Senior Executive Service position
(within the meaning of section 3132(a)(2) of title 5, United
States Code). The term covered employee includes an applicant
for employment in a covered position and a former covered
employee.
(h) Covered position means any position that is or will be
held by a covered employee.
(i) Disabled veteran means a person who was separated under
honorable conditions from active duty in the armed forces
performed at any time and who has established the present
existence of a service-connected disability or is receiving
compensation, disability retirement benefits, or pensions
because of a public statute administered by the Department of
Veterans Affairs or a military department.
(j) Employee of the Office of the Architect of the Capitol
includes any employee of the Office of the Architect of the
Capitol, the Botanic Gardens, or the Senate Restaurants.
(k) Employee of the Capitol Police Board includes any
member or officer of the Capitol Police.
(l) Employee of the House of Representatives includes an
individual occupying a position the pay of which is disbursed
by the Clerk of the House of Representatives, or another
official designated by the House of Representatives, or any
employment position in an entity that is paid with funds
derived from the clerk-hire allowance of the House of
Representatives but not any such individual employed by any
entity listed in subparagraphs (3) through (8) of paragraph
(g) above nor any individual described in subparagraphs (aa)
through (dd) of paragraph (g) above.
(m) Employee of the Senate includes any employee whose pay
is disbursed by the Secretary of the Senate, but not any such
individual employed by any entity listed in subparagraphs (3)
through (8) of paragraph (g) above nor any individual
described in subparagraphs (aa) through (ee) of paragraph (g)
above.
H Regs: (n) Employing office means: (1) the personal
office of a Member of the House of Representatives; (2) a
committee of the House of Representatives or a joint
committee of the House of Representatives and the Senate; or
(3) any other office headed by a person with the final
authority to appoint, hire, discharge, and set the terms,
conditions, or privileges of the employment of an employee of
the House of Representatives or the Senate.
S Regs: (n) Employing office means: (1) the personal
office of a Senator; (2) a committee of the Senate or a joint
committee of the House of Representatives and the Senate; or
(3) any other office headed by a person with the final
authority to appoint, or be directed by a Member of Congress
to appoint, hire, discharge, and set the terms, conditions,
or privileges of the employment of an employee of the House
of Representatives or the Senate.
C Reg: (n) Employing office means: the Capitol Guide
Board, the Capitol Police Board, the Congressional Budget
Office, the Office of the Architect of the Capitol, the
Office of the Attending Physician, and the Office of
Compliance.
(o) Office means the Office of Compliance.
(p) Preference eligible means veterans, spouses, widows,
widowers or mothers who meet the definition of ``preference
eligible'' in 5 U.S.C. Sec. 2108(3)(A)-(G).
(q) Qualified applicant means an applicant for a covered
position whom an employing office deems to satisfy the
requisite minimum job-related requirements of the position.
Where the employing office uses an entrance examination or
evaluation for a covered position that is numerically scored,
the term ``qualified applicant'' shall mean that the
applicant has received a passing score on the examination or
evaluation.
(r) Separated under honorable conditions means either an
honorable or a general discharge from the armed forces. The
Department of Defense is responsible for administering and
defining military discharges.
(s) Uniformed services means the armed forces, the
commissioned corps of the Public Health Service, and the
commissioned corps of the National Oceanic and Atmospheric
Administration.
(t) VEOA means the Veterans Employment Opportunities Act of
1998 (Pub. L. 105-339, 112 Stat. 3182).
(u) Veterans means persons as defined in 5 U.S.C.
Sec. 2108(1), or any superseding legislation.

SEC. 1.103. ADOPTION OF REGULATIONS.

(a) Adoption of regulations. Section 4(c)(4)(A) of the VEOA
generally authorizes the Board to issue regulations to
implement section 4(c). In addition, section 4(c)(4)(B) of
the VEOA directs the Board to promulgate regulations that are
``the same as the most relevant substantive regulations
(applicable with respect to the Executive branch) promulgated
to implement the statutory provisions referred to in
paragraph (2)'' of section 4(c) of the VEOA. Those statutory
provisions are section 2108, sections 3309 through 3312, and
subchapter I of chapter 35, of title 5, United States Code.
The regulations issued by the Board herein are on all matters
for which section 4(c)(4)(B) of the VEOA requires

[[Page 4547]]

a regulation to be issued. Specifically, it is the Board's
considered judgment based on the information available to it
at the time of promulgation of these regulations, that, with
the exception of the regulations adopted and set forth
herein, there are no other ``substantive regulations
(applicable with respect to the Executive branch) promulgated
to implement the statutory provisions referred to in
paragraph (2)'' of section 4(c) of the VEOA that need be
adopted.
(b) Modification of substantive regulations. As a
qualification to the statutory obligation to issue
regulations that are ``the same as the most substantive
regulations (applicable with respect to the Executive
branch)'', section 4(c)(4)(B) of the VEOA authorizes the
Board to ``determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under'' section 4(c) of the VEOA.
(c) Rationale for Departure from the Most Relevant
Executive Branch Regulations. The Board concludes that it
must promulgate regulations accommodating the human resource
systems existing in the Legislative branch; and that such
regulations must take into account the fact that the Board
does not possess the statutory and Executive Order based
government-wide policy making authority underlying OPM's
counterpart VEOA regulations governing the Executive branch.
OPM's regulations are designed for the competitive service
(defined in 5 U.S.C. Sec. 2102(a)(2)), which does not exist
in the employing offices subject to this regulation.
Therefore, to follow the OPM regulations would create
detailed and complex rules and procedures for a workforce
that does not exist in the Legislative branch, while
providing no VEOA protections to the covered Legislative
branch employees. We have chosen to propose specially
tailored regulations, rather than simply to adopt those
promulgated by OPM, so that we may effectuate Congress'
intent in extending the principles of the veterans'
preference laws to the Legislative branch through the VEOA.

SEC. 1.104. COORDINATION WITH SECTION 225 OF THE
CONGRESSIONAL ACCOUNTABILITY ACT.

Subpart B--Veterans' Preference--General Provisions

Sec.
1.105 Responsibility for administration of veterans' preference.
1.106 Procedures for bringing claims under the VEOA.

SEC. 1.105. RESPONSIBILITY FOR ADMINISTRATION OF VETERANS'
PREFERENCE.

Subject to section 1.106, employing offices with covered
employees or covered positions are responsible for making all
veterans' preference determinations, consistent with the
VEOA.

SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS UNDER THE VEOA.

Subpart C--Veterans' Preference in Appointments

SEC. 1.107. VETERANS' PREFERENCE IN APPOINTMENTS TO
RESTRICTED POSITIONS.

SEC. 1.108. VETERANS' PREFERENCE IN APPOINTMENTS TO NON-
RESTRICTED COVERED POSITIONS.

(a) Where an employing office has duly adopted a policy
requiring the numerical scoring or rating of applicants for
covered positions, the employing office shall add points to
the earned ratings of those preference eligible applicants
who receive passing scores in an entrance examination, in a
manner that is proportionately comparable to the points
prescribed in 5 U.S.C. 3309. For example, five preference
points shall be granted to preference eligible applicants in
a 100-point system, one point shall be granted in a 20-point
system, and so on.
(b) In all other situations involving appointment to a
covered position, employing offices shall consider veterans'
preference eligibility as an affirmative factor in the
employing office's determination of who will be appointed
from among qualified applicants.

SEC. 1.109. CREDITING EXPERIENCE IN APPOINTMENTS TO COVERED
POSITIONS.

SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS IN APPOINTMENTS
TO COVERED POSITIONS.

[[Page 4548]]

final determination of the physical ability of the preference
eligible applicant to perform the duties of the position,
taking into account the response and any additional
information provided by the preference eligible applicant.
When the employing office has completed its review of the
proposed disqualification on the basis of physical
disability, it shall send its findings to the preference
eligible applicant.
(c) Nothing in this section shall relieve an employing
office of any obligations it may have pursuant to the
Americans with Disabilities Act (42 U.S.C. Sec. 12101 et
seq.) as applied by section 102(a)(3) of the Act, 2 U.S.C.
Sec. 1302(a)(3).

Subpart D--Veterans' preference in reductions in force

Sec.
1.111 Definitions applicable in reductions in force.
1.112 Application of preference in reductions in force.
1.113 Crediting experience in reductions in force.
1.114 Waiver of physical requirements in reductions in force.
1.115 Transfer of functions.

SEC. 1.111. DEFINITIONS APPLICABLE IN REDUCTIONS IN FORCE.

(a) Competing covered employees are the covered employees
within a particular position or job classification, at or
within a particular competitive area, as those terms are
defined below.
(b) Competitive area is that portion of the employing
office's organizational structure, as determined by the
employing office, in which covered employees compete for
retention. A competitive area must be defined solely in terms
of the employing office's organizational unit(s) and
geographical location, and it must include all employees
within the competitive area so defined. A competitive area
may consist of all or part of an employing office. The
minimum competitive area is a department or subdivision of
the employing office within the local commuting area.
(c) Position classifications or job classifications are
determined by the employing office, and shall refer to all
covered positions within a competitive area that are in the
same grade, occupational level or classification, and which
are similar enough in duties, qualification requirements, pay
schedules, tenure (type of appointment) and working
conditions so that an employing office may reassign the
incumbent of one position to any of the other positions in
the position classification without undue interruption.
(d) Preference Eligibles. For the purpose of applying
veterans' preference in reductions in force, except with
respect to the application of section 1.114 of these
regulations regarding the waiver of physical requirements,
the following shall apply:
(1) ``active service'' has the meaning given it by section
101 of title 37;
(2) ``a retired member of a uniformed service'' means a
member or former member of a uniformed service who is
entitled, under statute, to retired, retirement, or retainer
pay on account of his/her service as such a member; and
(3) a preference eligible covered employee who is a retired
member of a uniformed service is considered a preference
eligible only if (A) his/her retirement was based on
disability--
(I) resulting from injury or disease received in line of
duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in
the line of duty during a period of war as defined by
sections 101 and 1101 of title 38;
(B) his/her service does not include twenty or more years
of full-time active service, regardless of when performed but
not including periods of active duty for training; or
(C) on November 30, 1964, he/she was employed in a position
to which this subchapter applies and thereafter he/she
continued to be so employed without a break in service of
more than 30 days.
The definition of ``preference eligible'' as set forth in 5
U.S.C 2108 and section 1.102(o) of these regulations shall
apply to waivers of physical requirements in determining an
employee's qualifications for retention under section 1.114
of these regulations.
H&S Regs: (e) Reduction in force is any termination of a
covered employee's employment or the reduction in pay and/or
position grade of a covered employee for more than 30 days
and that may be required for budgetary or workload reasons,
changes resulting from reorganization, or the need to make
room for an employee with reemployment or restoration rights.
The term ``reduction in force'' does not encompass a
termination or other personnel action: (1) predicated upon
performance, conduct or other grounds attributable to an
employee, or (2) involving an employee who is employed by the
employing office on a temporary basis, or (3) attributable to
a change in party leadership or majority party status within
the House of Congress where the employee is employed.
C Reg: (e) Reduction in force is any termination of a
covered employee's employment or the reduction in pay and/or
position grade of a covered employee for more than 30 days
and that may be required for budgetary or workload reasons,
changes resulting from reorganization, or the need to make
room for an employee with reemployment or restoration rights.
The term ``reduction in force'' does not encompass a
termination or other personnel action: (1) predicated upon
performance, conduct or other grounds attributable to an
employee, or (2) involving an employee who is employed by the
employing office on a temporary basis.
(f) Undue interruption is a degree of interruption that
would prevent the completion of required work by a covered
employee 90 days after the employee has been placed in a
different position under this part. The 90-day standard
should be considered within the allowable limits of time and
quality, taking into account the pressures of priorities,
deadlines, and other demands. However, work generally would
not be considered to be unduly interrupted if a covered
employee needs more than 90 days after the reduction in force
to perform the optimum quality or quantity of work. The 90-
day standard may be extended if placement is made under this
part to a program accorded low priority by the employing
office, or to a vacant position.

SEC. 1.112. APPLICATION OF PREFERENCE IN REDUCTIONS IN FORCE.

SEC. 1.113. CREDITING EXPERIENCE IN REDUCTIONS IN FORCE.

In computing length of service in connection with a
reduction in force, the employing office shall provide credit
to preference eligible covered employees as follows:
(a) a preference eligible covered employee who is not a
retired member of a uniformed service is entitled to credit
for the total length of time in active service in the armed
forces;
(b) a preference eligible covered employee who is a retired
member of a uniformed service is entitled to credit for:
(1) the length of time in active service in the armed
forces during a war, or in a campaign or expedition for which
a campaign badge has been authorized; or
(2) the total length of time in active service in the armed
forces if he is included under 5 U.S.C. Sec. 3501(a)(3)(A),
(B), or (C); and
(c) a preference eligible covered employee is entitled to
credit for:
(1) service rendered as an employee of a county committee
established pursuant to section 8(b) of the Soil Conservation
and Allotment Act or of a committee or association of
producers described in section 10(b) of the Agricultural
Adjustment Act; and
(2) service rendered as an employee described in 5 U.S.C.
Sec. 2105(c) if such employee moves or has moved, on or after
January 1, 1966, without a break in service of more than 3
days, from a position in a nonappropriated fund
instrumentality of the Department of Defense or the Coast
Guard to a position in the Department of Defense or the Coast
Guard, respectively, that is not described in 5 U.S.C.
Sec. 2105(c).

SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS IN REDUCTIONS IN
FORCE.

[[Page 4549]]

the notification. Should the preference eligible covered
employee make a timely response, the highest ranking
individual or group of individuals with authority to make
employment decisions on behalf of the employing office, shall
render a final determination of the physical ability of the
preference eligible covered employee to perform the duties of
the covered position, taking into account the evidence before
it, including the response and any additional information
provided by the preference eligible. When the employing
office has completed its review of the proposed
disqualification on the basis of physical disability, it
shall send its findings to the preference eligible covered
employee.
(c) Nothing in this section shall relieve an employing
office of any obligation it may have pursuant to the
Americans with Disabilities Act (42 U.S.C. Sec. 12101 et
seq.) as applied by section 102(a)(3) of the CAA, 2 U.S.C.
Sec. 1302(a)(3).

SEC. 1.115. TRANSFER OF FUNCTIONS.

Subpart E--Adoption of Veterans' preference policies, recordkeeping &
informational requirements.

Sec.
1.116 Adoption of veterans' preference policy.
1.117 Preservation of records made or kept.
1.118 Dissemination of veterans' preference policies to applicants for
covered positions.
1.119 Information regarding veterans' preference determinations in
appointments.
1.120 Dissemination of veterans' preference policies to covered
employees.
1.121 Written notice prior to a reduction in force.

SEC. Sec. 1.116. ADOPTION OF VETERANS' PREFERENCE POLICY.

SEC. 1.117. PRESERVATION OF RECORDS MADE OR KEPT.

SEC. 1.118. DISSEMINATION OF VETERANS' PREFERENCE POLICIES TO
APPLICANTS FOR COVERED POSITIONS.

(a) An employing office shall state in any announcements
and advertisements it makes concerning vacancies in covered
positions that the staffing action is governed by the VEOA.
(b) An employing office shall invite applicants for a
covered position to identify themselves as veterans'
preference eligible applicants, provided that in doing so:
(1) the employing office shall state clearly on any written
application or questionnaire used for this purpose or make
clear orally, if a written application or questionnaire is
not used, that the requested information is intended for use
solely in connection with the employing office's obligations
and efforts to provide veterans' preference to preference
eligible applicants in accordance with the VEOA; and
(2) the employing office shall state clearly that disabled
veteran status is requested on a voluntary basis, that it
will be kept confidential in accordance with the Americans
with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) as
applied by section 102(a)(3) of the CAA, 2 U.S.C.
Sec. 1302(a)(3), that refusal to provide it will not subject
the individual to any adverse treatment except the
possibility of an adverse determination regarding the
individual's status as a preference eligible applicant as a
disabled veteran under the VEOA, and that any information
obtained in accordance with this section concerning the
medical condition or history of an individual will be
collected, maintained and used only in accordance with the
Americans with Disabilities Act (42 U.S.C. Sec. 12101 et
seq.) as applied by section 102(a)(3) of the CAA, 2 U.S.C.
Sec. 1302(a)(3).
(3) the employing office shall state clearly that
applicants may request information about the employing
office's veterans' preference policies as they relate to
appointments to covered positions, and shall describe the
employing office's procedures for making such requests.
(c) Upon written request by an applicant for a covered
position, an employing office shall provide the following
information in writing:
(1) the VEOA definition of veterans' ``preference
eligible'' as set forth in 5 U.S.C. 2108 or any superseding
legislation, providing the actual, current definition in a
manner designed to be understood by applicants, along with
the statutory citation;
(2) the employing office's veterans' preference policy or a
summary description of the employing office's veterans'
preference policy as it relates to appointments to covered
positions, including any procedures the employing office
shall use to identify preference eligible employees;
(3) the employing office may provide other information to
applicants regarding its veterans' preference policies and
practices, but is not required to do so by these regulations.
(d) Employing offices are also expected to answer questions
from applicants for covered positions that are relevant and
non-confidential concerning the employing office's veterans'
preference policies and practices.

SEC. 1.119. INFORMATION REGARDING VETERANS' PREFERENCE
DETERMINATIONS IN APPOINTMENTS.

SEC. 1.120. DISSEMINATION OF VETERANS' PREFERENCE POLICIES TO
COVERED EMPLOYEES.

[[Page 4550]]

shall take to identify preference eligible employees.
(3) the employing office may provide other information in
its guidances regarding its veterans' preference policies and
practices, but is not required to do so by these regulations.
(c) Employing offices are also expected to answer questions
from covered employees that are relevant and non-confidential
concerning the employing office's veterans' preference
policies and practices.

SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUCTION IN FORCE.

(a) Except as provided under subsection (c), a covered
employee may not be released due to a reduction in force,
unless the covered employee and the covered employee's
exclusive representative for collective-bargaining purposes
(if any) are given written notice, in conformance with the
requirements of paragraph (b), at least 60 days before the
covered employee is so released.
(b) Any notice under paragraph (a) shall include -
(1) the personnel action to be taken with respect to the
covered employee involved;
(2) the effective date of the action;
(3) a description of the procedures applicable in
identifying employees for release;
(4) the covered employee's competitive area;
(5) the covered employee's eligibility for veterans'
preference in retention and how that preference eligibility
was determined;
(6) the retention status and preference eligibility of the
other employees in the affected position classifications or
job classifications within the covered employee's competitive
area, by providing:
(A) a list of all covered employee(s) in the covered
employee's position classification or job classification and
competitive area who will be retained by the employing
office, identifying those employees by job title only and
stating whether each such employee is preference eligible,
and
(B) a list of all covered employee(s) in the covered
employee's position classification or job classification and
competitive area who will not be retained by the employing
office, identifying those employees by job title only and
stating whether each such employee is preference eligible.
(7) a description of any appeal or other rights which may
be available.
(c) The director of the employing office may, in writing,
shorten the period of advance notice required under
subsection (a), with respect to a particular reduction in
force, if necessary because of circumstances not reasonably
foreseeable.
(d) No notice period may be shortened to less than 30 days
under this subsection.

____________________

EXECUTIVE COMMUNICATIONS, ETC.

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

5728. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Antideficiency
Act by the Department of the Navy, Case Number 07-09,
pursuant to 31 U.S.C. 1351; to the Committee on
Appropriations.
5729. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Antideficiency
Act by the Department of the Navy, Case Number 07-08,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
5730. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Antideficiency
Act by the Department of the Navy, Case Number 07-06,
pursuant to 31 U.S.C. 1351; to the Committee on
Appropriations.
5731. A letter from the Secretary, Department of Homeland
Security, transmitting a report of a violation of the
Antideficiency Act in the Treasury Appropriation Fund,
pursuant to 31 U.S.C. 1351; to the Committee on
Appropriations.
5732. A letter from the Director, Selective Service System,
transmitting a report of a violation of the Antideficiency
Act, pursuant to 31 U.S.C. 1351; to the Committee on
Appropriations.
5733. A letter from the Principal Deputy Under Secretary
for Personnel and Readiness, Department of Defense,
transmitting report on the Family Subsistence Supplemental
Allowance (FSSA) program, covering the period October 1,
2006, through September 30, 2007, pursuant to 37 U.S.C.
402(a) Public Law 106-398, section 604(a); to the Committee
on Armed Services.
5734. A letter from the Under Secretary for Acquisition,
Technology and Logistics, Department of Defense, transmitting
the Department's Commercial Activities Report for 2007,
pursuant to 10 U.S.C. 2462(b); to the Committee on Armed
Services.
5735. A letter from the Director, Pentagon Renovation and
Construction Program Office, Department of Defense,
transmitting the eighteenth annual report on the Pentagon
Renovation and Construction Program Office (PENREN), pursuant
to 10 U.S.C. 2674; to the Committee on Armed Services.
5736. A letter from the Director, Army National Guard,
Department of Defense, transmitting a report on the Army
National Guard's Annual Financial Statement for FY 2007; to
the Committee on Armed Services.
5737. A letter from the District of Columbia Auditor,
Office of the District of Columbia Auditor, transmitting a
copy of a report entitled ``Fiscal Year 2007 Annual Report on
Advisory Neighborhood Commissions,'' pursuant to D.C. Code
section 47-117(d); to the Committee on Oversight and
Government Reform.
5738. A letter from the Federal Co-Chairman, Delta Regional
Authority, transmitting in compliance with the Accountability
for Tax Dollars Act of 2002 (ATDA), a copy of the Authority's
Audited Financial Statements for FY 2007, pursuant to Public
Law 106-554, section 382L; to the Committee on Oversight and
Government Reform.
5739. A letter from the Under Secretary for Acquisitions,
Technology and Logistics, Department of Defense, transmitting
the Department's annual report on the implementation of Pub.
L. 106-107, the Federal Financial Assistance Management
Improvement Act of 1999; to the Committee on Oversight and
Government Reform.
5740. A letter from the Associate General Counsel for
General Law, Department of Homeland Security, transmitting a
report pursuant to the Federal Vacancies Reform Act of 1998;
to the Committee on Oversight and Government Reform.
5741. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting a report pursuant
to the Federal Vacancies Reform Act of 1998; to the Committee
on Oversight and Government Reform.
5742. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting a report pursuant
to the Federal Vacancies Reform Act of 1998; to the Committee
on Oversight and Government Reform.
5743. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting a report pursuant
to the Federal Vacancies Reform Act of 1998; to the Committee
on Oversight and Government Reform.
5744. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting a report pursuant
to the Federal Vacancies Reform Act of 1998; to the Committee
on Oversight and Government Reform.
5745. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting a report pursuant
to the Federal Vacancies Reform Act of 1998; to the Committee
on Oversight and Government Reform.
5746. A letter from the White House Liaison, Department of
Justice, transmitting a report pursuant to the Federal
Vacancies Reform Act of 1998; to the Committee on Oversight
and Government Reform.
5747. A letter from the Principal Deputy Assistant Attorney
General, Department of Justice, transmitting the Department's
Federal Information Security Management Act and Agency
Privacy Management Report, pursuant to Public Law 107-296; to
the Committee on Oversight and Government Reform.
5748. A letter from the Assistant Secretary for
Administration and Mgmt., Department of Labor, transmitting a
report pursuant to the Federal Vacancies Reform Act of 1998;
to the Committee on Oversight and Government Reform.
5749. A letter from the Attorney Advisor, Department of
Transportation, transmitting a report pursuant to the Federal
Vacancies Reform Act of 1998; to the Committee on Oversight
and Government Reform.
5750. A letter from the Assistant Secretary for Policy and
Planning, Department of Veterans Affairs, transmitting in
accordance with Pub. L. 105-270, the Federal Activities
Inventory Reform Act of 1998 (FAIR Act), the Department's
inventory of commercial activities for calendar year 2006; to
the Committee on Oversight and Government Reform.
5751. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmitting the Corporation's 2008 Annual
Performance Plan, in accordance with the Government
Performance and Results Act of 1993; to the Committee on
Oversight and Government Reform.
5752. A letter from the Chairman, Federal Election
Commission, transmitting the Commission's Strategic Plan for
Fiscal Years 2008 through 2013, pursuant to 5 U.S.C. 306; to
the Committee on Oversight and Government Reform.
5753. A letter from the Chief Operating Officer/President,
Financing Corporation, transmitting a copy of the Financing
Corporation's Statement on Internal Controls and the 2007
Audited Financial Statements, pursuant to Public Law 101-73,
section 511(a) (103 Stat. 404); to the Committee on Oversight
and Government Reform.
5754. A letter from the Administrator, General Services
Administration, transmitting notification of the new mileage
reimbursement rates for Federal employees who use privately
owned vehicles while on official travel, pursuant to 5 U.S.C.
5707(b)(1)(A); to the Committee on Oversight and Government
Reform.
5755. A letter from the Chairman, Merit Systems Protection
Board, transmitting the

[[Page 4551]]

Board's report entitled, ``Attracting the Next Generation: A
Look at Federal Entry-Level New Hires,'' pursuant to 5 U.S.C.
1204(a)(3); to the Committee on Oversight and Government
Reform.
5756. A letter from the General Counsel, National Labor
Relations Board, transmitting the Board's report on the
amount of acquisitions made from entities that manufacture
the articles, materials, or supplies outside the United
States in Fiscal Year 2007; to the Committee on Oversight and
Government Reform.
5757. A letter from the Chief Executive Officer,
Neighborhood Reinvestment Corporation, transmitting the
Corporation's 2007 Annual Performance Plan, in accordance
with the Government Performance and Results Act of 1993; to
the Committee on Oversight and Government Reform.
5758. A letter from the President and CEO, Overseas Private
Investment Corporation, transmitting the Corporation's report
on the use of the Category Rating System during fiscal year
2007, pursuant to 5 U.S.C. 3319(d); to the Committee on
Oversight and Government Reform.
5759. A letter from the Chief Operating Officer/President,
Resolution Funding Corporation, transmitting a copy of the
Resolution Funding Corporation's Statement on Internal
Controls and the 2007 Audited Financial Statements, pursuant
to Public Law 101-73, section 511(a) (103 Stat. 404); to the
Committee on Oversight and Government Reform.
5760. A letter from the Chair, Office of Compliance,
transmitting the Office's report on the adoption of
regulations implementing employment rights and protection for
Veterans, as required by the Congressional Accountability Act
of 1995, pursuant to 2 U.S.C. 1316a; jointly to the
Committees on Education and Labor and House Administration.

____________________

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

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

Mr. RAHALL: Committee on Natural Resources. H.R. 4933. A
bill to amend the Lacey Act Amendments of 1981 to protect
captive wildlife and to make technical corrections, and for
other purposes (Rept. 110-551). Referred to the Committee of
the Whole House on the State of the Union.
Mr. RAHALL: Committee on Natural Resources. H.R. 3891. A
bill to amend the National Fish and Wildlife Foundation
Establishment Act to increase the number of Directors on the
Board of Directors of the National Fish and Wildlife
Foundation (Rept. 110-552). Referred to the Committee of the
Whole House on the State of the Union.
Mr. RAHALL: Committee on Natural Resources. H.R. 2675. A
bill to provide for the conveyance of approximately 140 acres
of land in the Ouachita National Forest in Oklahoma to the
Indian Nations Council, Inc., of the Boy Scouts of America,
and for other purposes; with an amendment (Rept. 110-553).
Referred to the Committee of the Whole House of the State of
the Union.
Mr. RAHALL: Committee on Natural Resources. H.R. 3651. A
bill to require the conveyance of certain public land within
the boundaries of Camp Williams, Utah, to support the
training and readiness of the Utah National Guard; with an
amendment (Rept. 110-554). Referred to the Committee of the
Whole House on the State of the Union.
Mr. RAHALL: Committee on Natural Resources. H.R. 2515. A
bill to authorize appropriations for the Bureau of
Reclamation to carry out the Lower Colorado River Multi-
Species Conservation Program in the States of Arizona,
California, and Nevada, and for other purposes; with an
amendment (Rept. 110-555). Referred to the Committee of the
Whole House on the State of the Union.
Mr. RAHALL: Committee on Natural Resources. H.R. 3352. A
bill to reauthorize and amend the Hydrographic Services
Improvement Act, and for other purposes; with an amendment
(Rept. 110-556). Referred to the Committee of the Whole House
on the State of the Union.
Mr. RAHALL: Committee on Natural Resources. H.R. 1187. A
bill to expand the boundaries of the Gulf of the Farallones
National Marine Sanctuary and the Cordell Bank National
Marine Sanctuary; with amendments (Rept. 110-557). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. RAHALL: Committee on Natural Resources. H.R. 2342. A
bill to direct the President to establish a National
Integrated Coastal and Ocean Observation System, and for
other purposes; with an amendment (Rept. 110-558, Pt. 1).
Ordered to be printed.
Mr. GORDON: Committee on Science and Technology. H.R.
4847. A bill to reauthorize the United States Fire
Administration, and for other purposes; with an amendment
(Rept. 110-559). Referred to the Committee of the Whole House
on the State of the Union.
Mr. WAXMAN: Committee on Oversight and Government Reform.
H.R. 5551. A bill to amend title 11, District of Columbia
Official Code, to implement the increase provided under the
District of Columbia Appropriations Act, 2008, in the amount
of funds made available for the compensation of attorneys
representing indigent defendants in the District of Columbia
courts, and for other purposes (Rept. 110-560). Referred to
the Committee of the Whole House on the State of the Union.

DISCHARGE OF COMMITTEE

Pursuant to clause 2 of rule XII, the Committee on Science and
Technology discharged from further consideration. H.R. 2342 referred to
the Committee of the Whole House on the State of the Union.

____________________

TIME LIMITATION OF REFERRED BILL

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

H.R. 948. Referral to the Committee on Ways and Means
extended for a period ending not later than May 2, 2008.

____________________

PUBLIC BILLS AND RESOLUTIONS

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

By Mr. HENSARLING (for himself and Mr. Conaway):
H.R. 5656. A bill to repeal a requirement with respect to
the procurement and acquisition of alternative fuels; to the
Committee on Oversight and Government Reform.
By Mr. COHEN:
H.R. 5657. A bill to clarify the authority of States to use
funds as the non-Federal share of Medicaid expenditures for
certain regional medical centers; to the Committee on Energy
and Commerce.
By Mr. SKELTON (for himself and Mr. Hunter) (both by
request):
H.R. 5658. A bill to authorize appropriations for fiscal
year 2009 for military activities of the Department of
Defense, to prescribe military personnel strengths for fiscal
year 2009, and for other purposes; to the Committee on Armed
Services.
By Mr. ENGLISH of Pennsylvania (for himself, Mr.
Sessions, Mr. Walsh of New York, Mr. Chabot, Mr.
Wilson of South Carolina, and Mr. Sensenbrenner):
H.R. 5659. A bill to amend the Internal Revenue Code of
1986 to allow a credit against income tax for recycling or
remanufacturing equipment; to the Committee on Ways and
Means.
By Mr. MEEK of Florida:
H.R. 5660. A bill to amend the Internal Revenue Code of
1986 to allow a nonrefundable credit for mentoring and
housing young adults; to the Committee on Ways and Means.
By Mr. PEARCE:
H.R. 5661. A bill to amend the Surface Mining Control and
Reclamation Act of 1977 to clarify that uncertified States
and Indian tribes have the authority to use certain payments
for certain noncoal reclamation projects; to the Committee on
Natural Resources.
By Mr. REYES:
H.R. 5662. A bill to enhance the safety of ports of entry
in the United States, and for other purposes; to the
Committee on Homeland Security, and in addition to the
Committees on Ways and Means, Agriculture, and Transportation
and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. RODRIGUEZ:
H.R. 5663. A bill to amend title 38, United States Code, to
provide for an increase in the rates of basic educational
assistance payable under the laws administered by the
Secretary of Veterans Affairs; to the Committee on Veterans'
Affairs.
By Mr. RODRIGUEZ:
H.R. 5664. A bill to amend title 38, United States Code, to
direct the Secretary of Veterans Affairs to update at least
once every six years the plans and specifications for
specially adapted housing furnished to veterans by the
Secretary; to the Committee on Veterans' Affairs.
By Mr. TURNER:
H.R. 5665. A bill to impose limitations on investment and
certain operations by foreign entities in the United States;
to the Committee on Financial Services, and in addition to
the Committees on Foreign Affairs, and Energy and Commerce,
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. VELAZQUEZ:
H.R. 5666. A bill to amend the Internal Revenue Code of
1986 to increase the earned income tax credit to taxpayers
who exceed 40 hours of wage work per week; to the Committee
on Ways and Means.
By Ms. JACKSON-LEE of Texas (for herself, Mr. Paul, Mr.
McCaul of Texas, Mr. Poe, Mr. Ortiz, Mr. Hensarling,
Ms. Granger, Mr. Reyes, Mr. Cuellar, Mr. Burgess, Mr.
Edwards, Mr. Gene Green of Texas, Mr. Conaway, Mr.
Culberson,

[[Page 4552]]

Mr. Hinojosa, Ms. Eddie Bernice Johnson of Texas, Mr.
Hall of Texas, Mr. Gonzalez, Mr. Sessions, Mr.
Lampson, Mr. Neugebauer, and Mr. Al Green of Texas):
H. Con. Res. 320. Concurrent resolution honoring Army
Specialist Monica L. Brown, extending gratitude to her and
her family, and pledging continuing support for the men and
women of the United States Armed Forces; to the Committee on
Armed Services.
By Mr. LEWIS of Georgia (for himself, Mr. Conyers, Mr.
Smith of Texas, Mr. Nadler, Mr. Scott of Virginia,
Mr. Cohen, Mr. Ellison, Ms. Zoe Lofgren of
California, Mr. Cummings, Mr. Rangel, Mr. Scott of
Georgia, Mr. Clay, Ms. Norton, Mr. Rush, Mrs.
Christensen, Mr. Davis of Illinois, Mr. Hastings of
Florida, Ms. Eddie Bernice Johnson of Texas, Mr. Van
Hollen, Mr. Cleaver, Mr. Bishop of Georgia, Ms.
McCollum of Minnesota, and Mr. Donnelly):
H. Res. 1061. A resolution commemorating the 40th
anniversary of the assassination of Dr. Martin Luther King,
Jr., and encouraging people of the United States to pause and
remember the life and legacy of Dr. Martin Luther King, Jr.,
and for other purposes; to the Committee on the Judiciary.
By Mrs. McCARTHY of New York:
H. Res. 1062. A resolution expressing support for National
Facial Protection Month; to the Committee on Energy and
Commerce.
By Mr. WU (for himself, Mr. Petri, Mr. Berman, Ms. Ros-
Lehtinen, Mr. Wexler, Mr. Gallegly, and Mr.
Chandler):
H. Res. 1063. A resolution marking the 225th anniversary of
the Treaty of Paris of 1783, which ended the Revolutionary
War with the Kingdom of Great Britain and recognized the
independence of the United States of America, and
acknowledging the shared values and close friendship between
the peoples and governments of the United States and the
United Kingdom of Great Britain and Northern Ireland; to the
Committee on Foreign Affairs.

____________________

PRIVATE BILLS AND RESOLUTIONS

Under clause 3 of rule XII,

Ms. SHEA-PORTER introduced a bill (H.R. 5667) to provide
for the liquidation or reliquidation of certain entries of
newspaper printing presses and components thereof; which was
referred to the Committee on Ways and Means.

____________________

ADDITIONAL SPONSORS

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

H.R. 211: Mr. Sarbanes.
H.R. 333: Mr. Murphy of Connecticut.
H.R. 406: Mrs. Gillibrand, Mr. Price of North Carolina, Mr.
McIntyre, Mr. Rangel, Mr. McCotter, Mr. Rush, Mr. Young of
Alaska, Mr. Ruppersberger, Mr. Mack, and Mr. Tanner.
H.R. 549: Mr. Wamp and Mr. Boswell.
H.R. 579: Mr. Burgess, Mr. Payne, Mr. Ellison, and Mr.
Mica.
H.R. 601: Mr. Johnson of Georgia.
H.R. 734: Mr. Barrow.
H.R. 769: Mr. Herger.
H.R. 780: Mr. Shays.
H.R. 864: Mr. Smith of Nebraska.
H.R. 1023: Mr. Michaud.
H.R. 1032: Mr. Boren and Mr. Meek of Florida.
H.R. 1043: Mr. Holden, Mr. Wilson of Ohio, Mr. Gutierrez,
and Mr. Ryan of Ohio.
H.R. 1072: Mr. Towns.
H.R. 1073: Mr. Sarbanes.
H.R. 1076: Mr. Wilson of Ohio and Mr. Bishop of Georgia.
H.R. 1078: Mr. Lincoln Diaz-Balart of Florida.
H.R. 1110: Mr. McHenry, Mr. Cuellar, Ms. Castor, and Mr.
Gonzalez.
H.R. 1142: Mr. Gordon, Mr. Buchanan, Mr. Rothman, and Mr.
Cuellar.
H.R. 1188: Mr. Rothman.
H.R. 1192: Mr. Gonzalez, Mr. Cohen, Mr. Rogers of Alabama,
Mr. Johnson of Georgia, and Mr. Boustany.
H.R. 1228: Mr. DeFazio and Mr. Kuhl of New York.
H.R. 1237: Mr. LaTourette, Mr. Ehlers, Ms. Tsongas, Mr.
Hoekstra, Mr. Boren, Mr. Feeney, and Ms. Shea-Porter.
H.R. 1273: Mr. Weiner.
H.R. 1282: Mr. Moore of Kansas.
H.R. 1283: Mr. Chabot, Mr. Emanuel, Mr. Hoekstra, Mr.
Inslee, Mr. Lampson, Mr. McCotter, Mr. Rodriguez, and Mr.
Stupak.
H.R. 1359: Mr. Jones of North Carolina.
H.R. 1422: Mrs. Musgrave.
H.R. 1514: Ms. Richardson and Ms. Solis.
H.R. 1553: Mrs. Biggert and Mr. Emanuel.
H.R. 1576: Mr. Mario Diaz-Balart of Florida.
H.R. 1589: Mr. Holden.
H.R. 1606: Mr. Gonzalez.
H.R. 1609: Mr. Visclosky.
H.R. 1621: Mr. Gerlach.
H.R. 1653: Mr. McGovern, Ms. Castor, Mr. Gutierrez, and Ms.
Giffords.
H.R. 1707: Mr. Hare and Ms. Clarke.
H.R. 1738: Mr. Butterfield and Mr. Gordon.
H.R. 1783: Mr. Boswell.
H.R. 1791: Mr. Rehberg.
H.R. 1823: Mr. English of Pennsylvania and Mr. Lamborn.
H.R. 1843: Mr. Fortuno.
H.R. 1846: Mr. Gordon.
H.R. 1964: Mr. Engel.
H.R. 1968: Mr. Berman.
H.R. 1973: Ms. Jackson-Lee of Texas.
H.R. 1975: Mr. Capuano.
H.R. 1992: Mrs. Capps, Mr. Murphy of Connecticut, and Mr.
Kennedy.
H.R. 2091: Mr. Perlmutter and Ms. Foxx.
H.R. 2116: Mr. Davis of Alabama, Mr. Duncan, Mr. Mica, and
Mr. Pitts.
H.R. 2138: Mr. Berman.
H.R. 2160: Mr. Shuler.
H.R. 2188: Mr. Frank of Massachusetts.
H.R. 2205: Mr. Cohen.
H.R. 2236: Ms. Slaughter and Mr. Allen.
H.R. 2266: Ms. Shea-Porter, Mr. LaHood, and Mr. Farr.
H.R. 2391: Mr. Jones of North Carolina.
H.R. 2392: Mr. Abercrombie.
H.R. 2421: Mrs. Jones of Ohio.
H.R. 2452: Mr. Klein of Florida and Mr. Israel.
H.R. 2458: Mr. Young of Alaska.
H.R. 2470: Mr. Johnson of Georgia and Mr. Shimkus.
H.R. 2475: Mr. Jones of North Carolina.
H.R. 2593: Mr. Blumenauer and Mr. Farr.
H.R. 2676: Mr. Gordon.
H.R. 2694: Mr. Filner.
H.R. 2702: Mr. Walden of Oregon, Mr. Porter, and Mr.
McCotter.
H.R. 2744: Ms. Eshoo, Mr. Sherman, and Mr. Ortiz.
H.R. 2770: Mr. Altmire.
H.R. 2792: Mr. Berman and Mr. Emanuel.
H.R. 2800: Mr. Fortuno.
H.R. 2818: Mr. Souder, Mr. Lewis of Georgia, and Mr.
Burgess.
H.R. 2878: Mr. McCotter.
H.R. 3089: Mr. Burgess.
H.R. 3109: Mr. Shadegg.
H.R. 3114: Mr. Towns, Mr. Al Green of Texas, Mr. Hinojosa,
and Mr. Stark.
H.R. 3158: Mr. Van Hollen.
H.R. 3175: Mr. Van Hollen, Ms. Lee, Mr. Cohen, and Mr.
Gonzalez.
H.R. 3212: Mr. Gordon, Ms. Moore of Wisconsin, Mr.
Gonzalez, and Mr. Rothman.
H.R. 3282: Mr. Peterson of Minnesota and Mr. Hoekstra.
H.R. 3309: Mr. Cummings and Mr. Sarbanes.
H.R. 3366: Mr. Kucinich.
H.R. 3429: Mr. Platts.
H.R. 3453: Mr. Young of Alaska.
H.R. 3457: Mr. Holden, Mr. Barrow, and Mr. Jones of North
Carolina.
H.R. 3533: Mr. Crenshaw, Mr. Akin, Mr. Ortiz, and Mr.
Ehlers.
H.R. 3543: Mr. Sestak and Mr. Etheridge.
H.R. 3544: Mr. Walz of Minnesota and Mr. Holden.
H.R. 3559: Mr. Gordon.
H.R. 3622: Mr. Garrett of New Jersey and Mr. Walz of
Minnesota.
H.R. 3646: Mr. Faleomavaega.
H.R. 3658: Mr. Serrano, Ms. Jackson-Lee of Texas, Ms.
Watson, Mr. Mack, and Mr. Pence.
H.R. 3660: Mr. Dent.
H.R. 3726: Mrs. Biggert.
H.R. 3769: Mr. Perlmutter.
H.R. 3799: Mr. Van Hollen, Ms. McCollum of Minnesota, Mr.
Pastor, Mr. Grijalva, Mr. Kucinich, and Mr. Berman.
H.R. 3842: Mr. Pastor.
H.R. 3846: Mr. Lewis of Georgia, Ms. Lee, Mr. Cleaver, Ms.
Sutton, and Mr. Rangel.
H.R. 3892: Ms. McCollum of Minnesota, Mr. Pastor, and Mr.
Gonzalez.
H.R. 3934: Ms. Norton and Mr. Hobson.
H.R. 3980: Mr. Pastor.
H.R. 4008: Mr. Boren, Mr. Sam Johnson of Texas, Ms.
Baldwin, and Mr. Kanjorski.
H.R. 4052: Mr. McHugh, Mr. Arcuri, and Mr. McCotter.
H.R. 4053: Mr. Carnahan and Mr. Waxman.
H.R. 4055: Mr. Towns, Ms. Lee, and Mr. Berman.
H.R. 4105: Mr. Boyd of Florida and Mr. Meek of Florida.
H.R. 4109: Ms. Jackson-Lee of Texas and Mr. Lewis of
Georgia.
H.R. 4139: Mr. Lincoln Davis of Tennessee.
H.R. 4176: Mr. Cantor.
H.R. 4188: Ms. Schakowsky.
H.R. 4236: Mr. Payne, Ms. Castor, Ms. Ros-Lehtinen, Mr.
Rothman, Mr. Perlmutter, Mr. Michaud, Mr. Allen, and Mr.
Kagen.
H.R. 4280: Mr. Pearce.
H.R. 4283: Mr. Lewis of Georgia.
H.R. 4449: Mr. Grijalva.
H.R. 4450: Ms. Zoe Lofgren of California and Mr. Rothman.
H.R. 4790: Mr. Grijalva.
H.R. 4838: Ms. Giffords, Mr. Rothman, and Mr. Weiner.
H.R. 4847: Mr. Gordon, Ms. Eddie Bernice Johnson of Texas,
Mr. Costello, Mrs. Biggert, Mr. Hall of New York, Mr.
Lipinski, Mr. Etheridge, Mr. Chandler, Mr. Wilson of Ohio,
Mr. Udall of Colorado, Mr. Ehlers, Mr. Bilbray, Mr. Matheson,
Mr. Bartlett of Maryland, Mr. Gerlach, Ms. Sutton, Mr.
Gallegly, and Mr. Michaud.
H.R. 4900: Mr. Lamborn, Mr. LaTourette, Mr. Wilson of South
Carolina, Mr. Peterson of Minnesota, Mr. Lampson, Mr. Deal of

[[Page 4553]]

Georgia, Mrs. Miller of Michigan, and Mr. Moran of Kansas.
H.R. 5028: Mrs. Gillibrand.
H.R. 5036: Mr. Boucher, Mr. Udall of Colorado, Ms. Lee, Mr.
Murtha, and Mr. Snyder.
H.R. 5128: Mr. Ellison.
H.R. 5155: Mr. Filner.
H.R. 5157: Mr. Doyle and Mr. Andrews.
H.R. 5173: Mr. Wilson of Ohio and Ms. Zoe Lofgren of
California.
H.R. 5180: Mrs. McCarthy of New York, Mr. Space, Mr.
Hinchey, and Mr. Thompson of California.
H.R. 5193: Mr. Abercrombie.
H.R. 5223: Mr. Gordon of Tennessee and Mr. Cohen.
H.R. 5229: Mr. Platts.
H.R. 5244: Mr. Honda, Ms. Sutton, Mr. Sarbanes, Ms. Roybal-
Allard, Ms. Baldwin, and Ms. Eshoo.
H.R. 5265: Mr. Inslee, Mr. Bishop of New York, Mr. Capuano,
and Mr. Ruppersberger.
H.R. 5315: Mr. Hall of Texas.
H.R. 5435: Mr. Filner.
H.R. 5440: Mr. Cantor.
H.R. 5442: Mr. Waxman.
H.R. 5443: Mr. McKeon.
H.R. 5447: Mr. Ellison, Mr. Ross, Ms. Jackson-Lee of Texas,
Mr. Rothman, Mr. Allen, and Mr. Filner.
H.R. 5454: Mr. Clay.
H.R. 5461: Mr. George Miller of California.
H.R. 5465: Ms. Zoe Lofgren of California, Mr. Sires, Mr.
Wynn, Ms. Sutton, and Mr. Hinchey.
H.R. 5469: Mr. Fattah and Mr. Ryan of Ohio.
H.R. 5472: Mr. Carson.
H.R. 5510: Mr. English of Pennsylvania, Mr. Scott of
Georgia, and Mr. Sires.
H.R. 5513: Ms. Watson and Mr. Pitts.
H.R. 5554: Ms. Bordallo and Mr. Levin.
H.R. 5560: Mr. Price of North Carolina, Ms. DeGette, Mrs.
Lowey, and Ms. Loretta Sanchez of California.
H.R. 5561: Mrs. Boyda of Kansas and Mr. Fortuno.
H.R. 5567: Mr. Shays.
H.R. 5573: Mr. Platts, Ms. Waters, Mr. Reyes, Mr. Andrews,
Mr. Gordon of Tennessee, Mr. Gonzalez, and Mr. Rothman.
H.R. 5591: Mr. Gerlach and Mr. Michaud.
H.R. 5609: Mr. Sam Johnson of Texas, Mr. Lampson, Mr.
Carnahan, and Mr. Hinojosa.
H.R. 5641: Ms. Ginny Brown-Waite of Florida and Mr.
Burgess.
H. J. Res. 68: Mr. Payne.
H. J. Res. 70: Mr. Bartlett of Maryland.
H. Con. Res. 13: Mr. Peterson of Minnesota, Mr. Gordon, and
Mr. Boyd of Florida.
H. Con. Res. 81: Mr. Ehlers.
H. Con. Res. 163: Mr. Cleaver.
H. Con. Res. 195: Mr. Young of Florida.
H. Con. Res. 223: Mr. Johnson of Illinois and Mr. Larson of
Connecticut.
H. Con. Res. 276: Mr. Towns.
H. Con. Res. 299: Mr. Melancon, Mr. Costello, Mr. Kuhl of
New York, Mrs. Schmidt, Mr. Allen, Mr. Doolittle, Mr. Coble,
Mr. Dent, Mr. Grijalva, Mr. Upton, Mr. King of New York, Mr.
Goodlatte, Mr. Rodriguez, and Mr. Gene Green of Texas.
H. Con. Res. 314: Mr. Marchant.
H. Con. Res. 318: Mr. Delahunt, Ms. Watson, Ms. Eddie
Bernice Johnson of Texas, Mr. McDermott, Mr. Hinchey, and Mr.
Butterfield.
H. Res. 49: Ms. Kilpatrick, Mr. Upton, Mr. McCotter, and
Mr. Lewis of Kentucky.
H. Res. 102: Mr. Gonzalez and Mrs. Bachmann.
H. Res. 259: Mr. Lewis of Georgia.
H. Res. 543: Mr. Boren.
H. Res. 896: Ms. Waters, Ms. Kilpatrick, Ms. Norton, Mr.
Fattah, Mr. Rangel, Mr. Jefferson, Mr. Cohen, Mr. Scott of
Virginia, Mr. Lewis of Georgia, Mr. Serrano, Mr. McGovern,
and Ms. Berkley.
H. Res. 911: Mr. Kagen, Mr. Hill, and Mr. Johnson of
Georgia.
H. Res. 939: Mr. McCotter and Mr. Garrett of New Jersey.
H. Res. 968: Mr. Lampson.
H. Res. 981: Mr. Altmire, Mr. Kirk, Mr. Johnson of Georgia,
Mr. Sarbanes, Mrs. Davis of California, Ms. Schakowsky, Ms.
Hirono, Mr. Serrano, Ms. Eshoo, Mr. Ortiz, Mr. Moran of
Virginia, Mr. Rangel, Mr. Wexler, Mr. Olver, Ms. Sutton, Mr.
Latta, Mr. Boswell, Mr. Cohen, Mr. Cummings, Mr. Hall of
Texas, Mr. Faleomavaega, and Mr. Bartlett of Maryland.
H. Res. 985: Mr. Rogers of Michigan and Mr. McDermott.
H. Res. 997: Mr. Price of North Carolina.
H. Res. 1019: Mr. Towns, Mr. Rangel, Mr. Oberstar, and Mr.
Jefferson.
H. Res. 1021: Ms. Granger and Mr. Van Hollen.
H. Res. 1022: Mr. Nadler, Ms. Zoe Lofgren of California,
and Mr. Scott of Virginia.
H. Res. 1026: Mr. Young of Alaska and Mrs. Emerson.
H. Res. 1028: Mr. McDermott and Mr. Ellison.
H. Res. 1044: Mr. Pascrell and Mr. Coble.
H. Res. 1048: Mr. Lampson.
H. Res. 1053: Mr. Holden, Mr. Wynn, Mr. Chabot, Mr.
Shadegg, Mr. Moore of Kansas, Mr. McCaul of Texas, Mr. Gene
Green of Texas, Mr. Reichert, Ms. Matsui, Ms. Jackson-Lee of
Texas, Mr. McCotter, and Mr. Moran of Virginia.
H. Res. 1054: Mr. Skelton, Ms. Corrine Brown of Florida,
Mr. Filner, Ms. Sutton, Ms. McCollum of Minnesota, Mrs.
Napolitano, Ms. Kaptur, and Mr. Moran of Virginia.
H. Res. 1056: Ms. Wasserman Schultz, Mr. Grijalva, and Mr.
Towns.

____________________

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF
BENEFITS

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

The amendment to be offered by Representative Berman of
California or a designee to H.R. 5501, the Tom Lantos and
Henry J. Hyde Global Leadership Against HIV/AIDS,
Tuberculosis and Malaria Reauthorization Act of 2008, does
not contain any congressional earmarks, limited tax benefits,
or limited tariff benefits as defined in clause 9(d), 9(e),
or 9(f) of Rule XXI.

[[Page 4554]]

EXTENSIONS OF REMARKS

WOMEN'S ART, WOMEN'S VISION

______

HON. HEATHER WILSON

of new mexico

in the house of representatives

Monday, March 31, 2008

Mrs. WILSON of New Mexico. Madam Speaker, in honor of Women's History
Month, I asked New Mexicans to send me nominations of women in New
Mexico who have given special service to our community, but may have
never received recognition for their good deeds.
On Tuesday, March 25, 2008, I had the honor and privilege of
recognizing sixty-one worthy nominations describing sacrifices and
contributions these women have made for our community. The people who
nominated the women describe the dedication they have witnessed:
volunteer hours for veteran's services, service on non-profit boards,
homeless programs, mentors for young women, health care providers going
above the call of duty, child advocates, volunteers at churches and
synagogues, successful business women, wives, mothers, and friends.
Allow me to share information about this year's nominees:
Cindy Aguilar--As an integral member of the Lovelace Rehabilitation
Hospital, Cindy demonstrates excellence in all she does. She is willing
to take on extra responsibilities and is known for going the extra
mile.
Bobbye Allen--Bobbye, a member of Epsilom Sigma Alpha International,
has always served to make a difference in the lives of people she's
never met. She does this through philanthropic work for Boys and Girls
Ranch, CYF, Easter Seals, UNM Children's Hospital and also as a member
of 3 different Chamber of Commerce.
Linda Barbour--Linda has worked tirelessly as a founding member and
President of the East Mountain Area Coalition. She was also a key mover
in initiating a permanent memorial for Deputy James McGrane. Her
ability to work so efficiently with many different people makes her a
great advocate and representative for the East Mountain community.
Debra Benavidez--Debra is a role model for customer service at the
Lovelace Rehabilitation Hospital. Under her leadership, her
department's employee and patient satisfaction has improved
significantly along with an increase in volume and revenue. She is also
admired for her balance of career and family life.
Peg Bilson--Peg joined Eclipse Aviation in July of 2005, bringing
experience in operations, finance, engineering, technology, customer
service and product support. Her leadership at Eclipse is the final
element that will establish Eclipse's position in history as the Very
Light Jet innovator and leader. Peg contributions are felt throughout
the company, especially in the area of high-volume production and
stabilization of the supply chain. As a key leader in a successful New
Mexico business with over 1,600 employees, Peg has a vision for the
future.
Barbara Brennen--Barbara is the owner of Stride, Inc., a
manufacturing company of office supplies, which employs people with
disabilities. Barbara knows that working, mastering a task or gaining a
skill, is the best builder of self-esteem in the world. Over 200 people
have out-grown her factory and are now employed in the community.
Sonia Britton--Sonia has turned a personal tragedy, the loss of her
only son Butch in a DWI crash, into the DWI Memorial of Perpetual Tears
in Moriarty. A true advocate for change, Sonia volunteers with
organizations, such as Mother's Against Drunk Driving, to make a
difference. She helps our community understand the personal cost of
DWI.
Marlene Brown--Marlene is President of the New Mexico Solar Energy
Association and serving within the organization for over 10 years.
After losing her brother in 2001 to Leukemia, she raised over $10,000
for the Leukemia and Lymphoma Society. Her volunteer work with many
organizations makes a positive impact on many people.
Patricia Brown--As a child, her son, John, remembers his mother's
life as an unending stream of school activities, cupcakes, PTA
meetings, child advocacy boards, soup kitchens, food banks, and
hospitals. At 82 years old, Patricia has spent countless hours to make
the world a safe, decent and loving place.
Dede Brownstein--Dede is a dedicated volunteer with Pet Therapy,
teaching the understanding of the human link to the humane treatment of
animals. As a volunteer for pet therapy programs she takes her dogs to
hospitals, nursing homes, libraries and the Youth Detention Center. She
has made an impact on over 5,000 youth within the Detention Center
alone. Dede also set up the READ to the Dogs program to help kids with
reading problems.
Margaret Carroll--Margaret has served on the DWI advisory board for
four years, with the last two as president. She works tirelessly to
secure funding for inpatient rehabilitation programs, while bringing
awareness to our community about the dangers of alcoholism. Margaret
also serves on the East Mountain Coalition of Neighborhood and
Landowner Association
Jessica Cotton--At Lovelace Rehabilitation Hospital, Jessica works
hard to meet the needs of those she serves. She is truly an asset with
the ability to communicate and connect with customers in English or
Spanish.
Becky Cousins--Becky is a woman of vision in Lea County. Through the
arts and the community theatre program, Becky has worked hard as
business owner, actress and director to preserve the history of Lea
County, while looking to the future in order to enrich the lives of the
people in her community.
Leslie Cumiford--Leslie is the President of the Center for Family
Justice, which was founded in 2003. Leslie has dedicated much of her
time and resources for children, single parents and blended family
homes.
Bertha (Bertie) Denman--During the National Hispanic Heritage Month
in 2007, Bertie was involved in an art contest for local students.
Throughout this time she visited the schools, putting in the extra
effort to let each child know how special they are, inspiring many of
the children to participate.
Mignon Donnellon--Mignon is the mother of four adopted children. She
volunteers with several organizations to raise funds for scholarships
of deserving children for higher education.
Dr. Leslie Donovan--Dr. Donovan is described as a superior educator,
mentor and friend at the University of New Mexico. While sharing a
wealth of knowledge through her classes, she goes the extra mile to
support the well-being of her students.
Doris Duran--Mrs. Duran is the office manager at The Valencia County
Domestic Violence Shelter, and teaches a parenting class twice a week.
Whether it is at work or in her spare time she is always willing to
step in and help.
Pamela Finley--Pamela moved to New Mexico 2 years ago and wasted no
time getting involved with several organizations in Valencia County,
including Valencia Youth Literacy Council and the Mid Valley Air Park.
Today, she also provides coaching for young women in the Miss New
Mexico Scholarship program.
Joe Ann Gantz--Born in 1932, she was the only one of 12 children to
earn a degree from NMSU, a rarity in those days. In the 1960s, Joe Ann
started a kindergarten, one of only two in Las Cruces. A believer in
education, she later earned a Masters in speech therapy and worked with
handicapped children in the Las Cruces Public Schools.
Evelyn Gutierrez--Evelyn has been the volunteer Program Director for
``Thomas Baca's Food Pantry'' for over 15 years. She travels 64 miles
round trip from Chilili to Albuquerque several times a month as part of
her commitment to the program. She has inspired others to volunteer.
Despite having been declared ``dead once,'' she continues to live her
passion to help others.
Mary Halberg--Mary is the youth director at a church and school,
supporting youth and their parents with her optimistic attitude. She
does something special for people every day. The kindergartner class
wanted to do something special for Mary, they nominated her because she
takes the time to read them stories and share her passion for learning.
Debra Hennig--A successful business woman in the Title Industry,
Debra is sharing her success by establishing internships for young
women through UNM's Black Student Union. Additionally, she teaches
continuing

[[Page 4555]]

education for the NM State Bar and involves herself in her church and
several community organizations.
Helen Janacek (recognized posthumously)--Helen was an enthusiastic
Line Dance instructor at Albuquerque Senior Centers for nearly 14
years. Each quarter, new classes would start with repeat students and
new comers. She prepared those who were interested in competition as
well as those who just had great fun. Her contribution to the senior
program will be greatly missed.
Anis Johnson--Anis has dedicated her life to doing for others. We can
only highlight her service with over twenty organizations and
charities. Anis is a Founder and Coordinator of Highland High School
Volunteer Program's ``Community Resource People at HHS'' where she
teaches by example, the ability to help and learn from those of
different backgrounds. In this way she passes volunteerism from
generation to generation. With the understanding that education opens
doors, Anis served as the Program Coordinator for the Martin Luther
King, Jr Multicultural Celebration awarding scholarships for college
bound students. ``One person can make a difference.''
Dr. Feroza Jussawalla--Dr. Jussawalla's vigor and compassion for
Literary works and teaching naturally draws her students into the topic
at hand. She provides her students at UNM with an exceptional
educational experience.
Ingrid Kloet-Garrett--Ingrid has been known to go ``way beyond the
call of duty,'' when it comes to the medical, emotional and spiritual
needs of her clients at First Nations Community Health Source. Her
ability to assess needs and find resources has enhanced the recovery
and healing needed by all she serves.
Regina Lane--As a School Principal, Regina Lane teaches her students
to persevere when life perplexes, to strive to be a better person and
to rise above circumstances. There are no excuses in Regina's mind, yet
she empathizes and connects with her students in a way that truly
nurtures their spirits and their ability to succeed.
Kim Lark--Kim's dedication to the New Mexico Task Force One, an urban
search and rescue team, combined with her duties as a physician, make
her an invaluable asset to New Mexico. In addition, her willingness to
volunteer her time, share her considerable expertise, and represent the
team, makes others proud to be associated with her.
Megan Olivia Lloyd--Megan served on four church missions, building
one church and 3 houses. She has been to Morocco with Operation Smile
to assist with cleft palate surgeries. She has also helped raise money
for additional surgeries. Megan maintains a high academic standard and
is involved with athletics at Cibola High School.
Sydne Lockwood--Sydne is a volunteer for a local domestic violence
shelter, where she has worked in fund raising to keep the services
available. She is active in her Air Force Junior ROTC program, which
includes community service for charitable organizations.
Patricia Madrid--``Ms. Pat,'' as she is known to the students of
Acoma Elementary, is known for the care, love and tenderness she gives
to each student. It is not unusual to be in a store and hear a young
voice yell out ``Ms. Pat'' and see children rushing to her for a hug
and smile. She is a person of strong moral fiber and strength of
character, who is an unselfish wife, mother, caregiver and friend.
Dianna Martinez--Dianna's commitment to the nurses at Lovelace
Rehabilitation Hospital earned her the reputation as the ``go-to-gal.''
She coordinates the charity drive and has worked with the United Way
for several years. Dianna is described as someone who has made a
profound difference in the lives of others.
Pat Mallory--Pat coordinates an intergenerational tutoring program
run by the non-profit OASIS educational organization. Through her
leadership, the program has grown to 100 senior citizen tutors
providing reading assistance to over 120 first to fourth grade
students. Her dedication and commitment to this program will only serve
to help it to continue to grow.
Molly McCoy-Brack--Molly is a founding member of the New Mexico
Suicide Prevention Coalition and the professional director of Agora
Crisis Center. The center has flourished under her leadership, with 140
volunteers serving 700 callers per month in New Mexico.
Betty Ann Miller--Betty Ann has a passion for literacy in New Mexico.
She is currently serving on the Board of the New Mexico Coalition for
Literacy, while being an active Board member of the ``Read/Write''
program in Moriarity, and President of the Board of the non-profit
organization, ``Reading Works'', which is dedicated to literacy
improvement in the Albuquerque area.
Anastasia Mora--Anastasia is described as a team member who has made
a significant contribution to Lovelace Rehabilitation Hospital. She has
demonstrated excellent work ethics and customer service.
Deborah B. Morrell--Demonstrating an ``open door'' policy to her
staff and students with countless hours of dedication to Eagle Ridge
Middle School, Principal Morrell is one of the most successful
administrative leaders in the Rio Rancho School District. Through her
leadership, the school is a model for others in the area
Judge Judith Nakamura--The Honorable Judge Judith Nakamura has a
commitment to seeing that all citizens have access to the court and
receive equal justice under the law. She has made a number of changes
in the procedures of the court to provide service to the community
include drug courts and homeless courts. Additionally she often speaks
to youth about her role as a judge and community involvement.
Sylvia M. Olona--Sylvia is a dedicated Physician's Assistant who
travels throughout New Mexico to provide health care to residents when
no physician is available. She provides a much needed service in rural
New Mexico.
Eva C. Panana--Eva started her career in 1966 as a Head Start Teacher
for the Jemez Pueblo. She retired in 1994, although she remains active
as a Foster Grandparent. Now know as ``Grandma Eva'' she brings joy,
laughter and love with her always. Her long commitment to education is
apparent with the majority of the tribal members in their 50's having
been in her classroom.
Linda Pardo--Linda is a woman who loves the history of New Mexico,
particularly the legend of Billy the Kid. She is seeking to share her
enjoyment of this great land by writing a book about New Mexico.
Clara Pena--Clara is being recognized for her multiple contributions
in the areas of crime reduction, health, education, services to seniors
and youth within Albuquerque, particularly in the South Valley. Through
her work and commitment to others, projects have grown.
Winnona Poole--Ms Poole started the after school program ``Arts
Academy'' for La Mesa Elementary School children. She provides the
leadership and the enthusiasm for this creative program.
Barbara Rivers--A superb teacher of music at Sandia Prep for many
years. Barbara also shares her talent by playing the violin in the New
Mexico Symphony Orchestra. In addition she is a tri-athlete, serving as
a role model to students and colleagues.
Marianne Robinson--An inspirational School Counselor at Sierra Vista
Elementary school Marianne greets the student and staff with the daily
message of ``Make it a great day or not-the choice is yours.'' As a
cancer survivor she is a role model for the message everyday.
Carol Romero--Carol has been a dedicated advocate for the rights of
individuals with disabilities for the past 34 years. Her advocacy began
with her oldest child, and spread to being a successful provider agency
to those with disabilities. Carol recently lost her husband of 37 years
and was embraced with support from the families she serves. She will
continue to serve those with disabilities far into the future.
Dr. Eileen Ryan--As a Manager at Magdalena Ridge Observatory Dr. Ryan
is guiding the 2.4-meter aperture telescope team toward wonderful
achievements and discoveries. She shares her knowledge and experience
with students to expand their visions of the Universe through the
wonders of Astronomy.
Sandi Sadila--Sandi is team member with Angels Acts of Kindness, an
organization serving individuals who may not be eligible for other
assistance. The nomination put it simply: ``She helped my family
several times, and she really is an Angel.''
Dr. V Vita Saavedra--As Program Director for the Cooperative
Educational Administrative Intern Program, ``Vita'' touches the careers
and more importantly the lives of future and current school
administrators through her true interest in their success. She remains
in contact with her students to encourage life long growth.
Shirley Sechrist--Shirley is a tireless volunteer and valued worker
with many community organizations including: Top donor coordinator for
United Blood Service, multiple roles with the Assistance League of
Albuquerque and as President of the Presbyterian Hospital Auxiliary.
Shirley has had a positive impact on many.
Charla Smith--An English teacher at St. Pius X High School, Charla
shares her love of the English language and literature. She challenges
her students at every turn with complex assignments in reading,
writing, vocabulary and grammar thus inspiring them to dream big and
achieve.

[[Page 4556]]

Linda Smith--As director of the Bethel Community Storehouse, Linda
serves people throughout the Estancia Valley who are experiencing
hardships and in need of help and support. She has touched the lives of
many and inspired her coworkers, with her positive outlook and actions.
Wanda Sullenger--As a member of the Mountainair Volunteer Fire
Department, Wanda dedicates her time and energy to aid the members of
her community in difficult times. Her care for those who are sick or
gravely ill is compared only to the level of care and comfort she
offers to their families.
Melissa Salmon--Melissa divides her time between the education of
three young boys, working as the only secretary for the Mountain
Elementary School, where she goes to work even during snow delays, and
being a dedicated wife and mother. Melissa is ``a credit to her
community and to her family.''
Sallie Van Curen--Sallie is the co-founder and executive director of
Parents Reaching Out to Help, Inc. She has inspired others through her
dedication, drive and commitment to all the families she serves.
Mary Ann Weems--With a life long dedication to the arts, the creation
of the Weems Galleries and Framing and the nationally recognized Weems
Artfest, Mary Ann is a role model for women in the arts. She has
achieved excellence in visual arts while championing health care
programs for children, and helping to set the standard for art
galleries and businesswomen in NM.
Dr. Ann Wehr--As President of Molina Healthcare of New Mexico, Dr.
Wehr has used her talents to ensure that over 71,000 low-income
individuals and their families receive quality healthcare. She works
with physicians to develop innovative programs to reach the under
served.
Linda Walsh--Working for the Small Business Programs Office at
Kirtland AFB, Linda is a champion for the minority business community.
She has been instrumental in outreach from Kirtland to bring small
business together with federal agencies.
Beverly White--Beverly's work for the people of New Mexico through
the Office of the Medical Investigator lasted for more than 30 years.
One of her greatest accomplishments was writing the initial grant for
the NM Sudden Infant Death Syndrome Information and Counseling Project.
It has served as a national model, and helped thousands of families.
Bobbie Williams--As a member of a number of community and business
organizations, and an engineer at Sandia National Laboratories, Bobbie
has served as a mentor, professional development advisor and friend to
aspiring young people and colleagues. Bobbie is also one of only seven
women inducted into the Girl Scouts Hall of Frame for Women in
Technology.
Dr. Joyce Wilson--Dr. Wilson has worked in social work for over 35
years, founding the first External Employee Assistance Program which
has saved hundreds of people from losing their jobs while also
improving their lives. She volunteered with many community Boards and
Committees to share her personal and professional skills.
Fay Yao--Ms Yao has been the librarian at Rio Grande High School for
over 15 years, where she has shown constant support and dedication to
the students and staff. She is a supporter of the Science department,
providing updates and expansion of the science reference material. She
has served as a mentor to a number of students while always improving
the school's library to benefit all.

____________________

IN RECOGNITION OF AL STERN

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Monday, March 31, 2008

Mr. KUCINICH. Madam Speaker, I rise today in recognition of Al Stern,
a person who has dedicated his life to free speech and cultivating the
seeds of Middle East peace and understanding in the Cleveland
community. On March 27, 2008, Americans for Peace Now is honoring Al
Stern for his lifelong commitment to peace in the Middle East and his
dedication to ``Tikkun Olam,'' the healing of the world.
After graduating from Indiana University with a Bachelor of Science
in Business Administration, Al Stern founded Stern and Company, a
manufacturers' representative firm in 1962. During his 3 decades with
the company, Mr. Stern became actively involved in the Middle East
peace issues starting in 1974. He helped found the Cleveland chapter
and serves as a national board member of Americans for Peace Now, the
solidarity organization aligned with the Shalom Achshav movement in
Israel. Shalom Achshav, founded in 1978 by Israeli citizens, was formed
out of the conviction that Israel's democratic character and future
security were intertwined with achieving a just and peaceful solution
to the Palestinian-Israeli conflict.
For over twenty years, Mr. Stern has engaged and educated the
Cleveland community about the costs of the current conflict and the
opportunities for peaceful solutions. Through organizing and
discussion, he has led people to challenge their assumptions about how
to humanize the opposition. In his many visits to the region, most
recently in 2005, he has gotten to know the people and the leaders in
Israel, Egypt, Lebanon, Syria, the West Bank, and Gaza. He has led by
example, through his own commitment to educating himself, reaching out
to concerned members of the community and traveling to the region.
Since his retirement in 1993, Al Stern became a full time volunteer
with the American Civil Liberties Union of Ohio as its Legislative
Coordinator. Since coming to Congress, I have been privileged to hear
frequently from Al Stern on the many free speech and civil liberties
issues about which I have had to make decisions. He has also worked
closely with me in helping to build bridges across the gaps which
divide people both in the Middle East and in Greater Cleveland.
Madam Speaker and colleagues, please join me in recognizing Al Stern,
who has been a leader in Cleveland, a peace-maker, and an inspiration
for engaged, global citizenship.

____________________

HONORING ANDREW WESLY SAWYER

______

HON. SAM GRAVES

of missouri

in the house of representatives

Monday, March 31, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Andrew Wesly
Sawyer of Blue Springs, Missouri. Andrew is a very special young man
who has exemplified the finest qualities of citizenship and leadership
by taking an active part in the Boy Scouts of America, Troop 1175, and
earning the most prestigious award of Eagle Scout.
Andrew has been very active with his troop, participating in many
scout activities. Over the many years Andrew has been involved with
scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Andrew
Wesly Sawyer for his accomplishments with the Boy Scouts of America and
for his efforts put forth in achieving the highest distinction of Eagle
Scout.

____________________

HIGHLIGHTING BASEBALL'S EFFORT TO REACH OUT TO MINORITY COMMUNITIES

______

HON. CHARLES B. RANGEL

of new york

in the house of representatives

Monday, March 31, 2008

Mr. RANGEL. Madam Speaker, I rise today to highlight Major League
Baseball's ongoing effort to reach out to minority communities and
introduce a press release describing said effort. The league will host
the first Urban Invitational Baseball Tournament, fielding two
historically black colleges in recognition of its need to revitalize
baseball in the African American community. Baseball should be
committed not only to boasting diversity in its rosters, but to enjoy
that same minority representation in its coaches, in its management,
and in its viewership.
On the heels of the 60th anniversary of Jackie Robinson's historic
breaking of the color barrier, the league has targeted urban youth and
pledged its resources to bring them back to the sport. African
Americans have played integral roles in the illustrious story of
baseball, and it is a connection worth saving.

Major League Baseball Urban Youth Academy To Host First Urban
Invitational Baseball Tournament

Major League Baseball today announced that the Major League
Baseball Urban Youth Academy will host its first Urban
Invitational Baseball Tournament from February 29-March 2.
Two Historically Black Colleges and Universities (HBCUs),
Bethune-Cookman University (Daytona Beach, FL) and Southern
University (Baton Rouge, LA), will face off against
collegiate baseball powerhouses UCLA and USC. The
participation of HBCUs in the Urban Invitational is part of
MLB's ongoing diversity and youth initiatives.
``The Urban Invitational Baseball Tournament is a part of
our continued focus on reviving the majesty of baseball in
the African American community,'' said Major

[[Page 4557]]

League Baseball Executive Vice President of Operations Jimmie
Lee Solomon. ``This tournament, along with the other programs
at the MLB Urban Youth Academy, the Civil Rights Game and
many of our other efforts, is reflective of the League's
commitment to diversity, inclusion and engagement of our
nation's young people. Our goal is to make sure that every
child who wants to play baseball has an opportunity to do
so.''
Tournament games will be played at the MLB Urban Youth
Academy, USC's Dedeaux Field and UCLA's Jackie Robinson
Stadium beginning Friday, February 29 and continuing through
Sunday, March 2. Both games on Saturday, March 1, 2008, will
be played at the MLB Urban Youth Academy and broadcast live
on ESPN2. Fans attending on that day will also be entertained
by a live performance of Southern University's, ``Human
Jukebox'' and USC's Trojan Marching Band, as they bring their
unique musical performances to Compton, California. Bethune-
Cookman University and Southern University baseball teams
will square off against each other at 1 p.m. (PST) on Sunday
at the Academy.
``ESPN is proud to be associated with Major League
Baseball's urban initiatives,'' said Len DeLuca, ESPN Senior
Vice President, Programming and Acquisitions. ``The second
Civil Rights Game and new Urban Invitational--40 years since
the tragic death of Dr. Martin Luther King, Jr.--are on the
heels of our observance last year of the 60th anniversary of
Jackie Robinson breaking the color barrier. ESPN is honored
to join with MLB to celebrate baseball's cultural history.''
Tickets to the games being played at the MLB Urban Youth
Academy will be available for purchase on game day for $5.
Proceeds from the ticket sale will benefit the Major League
Baseball Urban Youth Academy, which is a not-for-profit 501
(c)(3) corporation.
``On behalf of our team, I would like to say how honored we
are to have been invited to an event like this, especially in
its first year,'' said Bethune-Cookman Coach Mervyl Melendez.
``We hope that the Urban Invitational Baseball Tournament
continues to grow and more people notice what Major League
Baseball is doing for college baseball and Historically Black
Colleges.''
``Our program is very excited to represent UCLA in the
tournament at the MLB Academy,'' said UCLA coach John Savage.
``We are honored to be able to play in the inaugural event.
Our players are looking forward to the exciting weekend of
baseball.''
Major League Baseball is committed to addressing the issue
of African American participation in professional baseball.
Through Reviving Baseball in the hinder Cities presented by
KPMG and the establishment of the Major League Baseball Urban
Youth Academy in Compton, California, MLB has pledged its
resources to bringing urban youth back to America's pastime.
The inaugural Civil Rights Game in 2007 also reinforced the
League's dedication by paying tribute to legendary African-
American players who broke barriers and made important
contributions to American society.
HBCUs have long offered quality education and athletic
programs and have a proud tradition of outstanding baseball
players. Hall of Farrier Lou Brock, former most valuable
player Andre Dawson and current Milwaukee Brewers star Rickie
Weeks, all rose from HBCUs. Twelve HBCU players were selected
in the MLB 2007 First-Year Player Draft. Through the annual
Urban Invitational Baseball Tournament, MLB hopes to help
these programs revitalize baseball in the African American
community.
The MLB Urban Youth Baseball Academy encompasses more than
15 acres on the campus of El Camino College, Compton Center,
the Academy is a state-of-the-art facility featuring four
fields including a show field, batting cages and other
training facilities. The Academy operates on a year-round
basis, offering free baseball and softball instruction, as
well as clinics to youth throughout Southern California.

____________________

IN HONOR OF MICHAEL J. HARE

______

HON. MICHAEL N. CASTLE

of delaware

in the house of representatives

Monday, March 31, 2008

Mr. CASTLE. Madam Speaker, it is with great pleasure that I rise
today to recognize Michael J. Hare, deputy director of the Riverfront
Development Corporation of Delaware. Mike has been an important figure
there since April 1996, but has decided to take a new direction and
join the Bucchini Pollin Group. Mike will be working on the new soccer
stadium in Chester, Pennsylvania.
Mike started working for the Delaware Economic Development office in
1989. After 6 years, he became a senior development specialist under
Governor Thomas R. Carper. Throughout the past 12 years, Mike has been
an integral part of the Riverfront Development Corporation. He assisted
in the construction of the Amtrak Consolidated National Operations
Center, the Chase Center on the Riverfront, Tubman-Garrett Riverfront
Park, the Riverwalk, Christina Landing, and the Justison Landing. Mike
also worked to bring AAA Mid-Atlantic's headquarters to the Wilmington
riverfront.
Mike was born and raised in Wilmington, Delaware. He attended
Archmere Academy, where he currently serves on the board of directors.
He graduated from the University of St. Joseph's, where he earned his
bachelor's degree in public administration. Mike serves on the National
Alumni Board for St. Joseph's and was honored with the Ignatius Award
in 1995 for outstanding alumni involvement and service. Mike also
attended the Fels Center of Government at the University of
Pennsylvania.
Being a Delaware native, Mike has contributed many years of service
to the State of Delaware. He currently sits on the board of directors
for the Latin American Community Center, the Delaware Stadium
Corporation, the Friends of the Woodlawn Library, the Riverfront
Wilmington Improvement District, and the Rivers Edge Community
Development Corporation. Not only has he been an active board member
for numerous organizations, but Mike has also been a member of the
Barbelin Society and the Hawk Hoop Club.
I acknowledge Mr. Michael J. Hare for his many years of service and
numerous contributions to his community and the State of Delaware. I am
confident that Mike will be successful and prosperous at his new job
with the Bucchini Pollin Group. It is inspiring to see such an active
and influential member of our community remain committed to the
betterment of Delaware.

____________________

TRIBUTE TO PORTLAND STATE UNIVERSITY MEN'S BASKETBALL TEAM

______

HON. DAVID WU

of oregon

in the house of representatives

Monday, March 31, 2008

Mr. WU. Madam Speaker, I rise today to congratulate the Portland
State University men's basketball team on achieving their first-ever
berth to the NCAA Division I Championship Tournament. The Vikings
capped off their historic season with a 67-51 win in the Big Sky
Conference Championship game over Northern Arizona University at the
Rose Garden in Portland. PSU finished their regular season with a 23-9
record, and were undefeated in the Big Sky Conference Tournament. On
Sunday, the Vikings will learn who they will play in the first round of
the ``Big Dance.''
The NCAA Tournament is one of the great institutions in all of
collegiate sports. It brings together the best college teams from
across our Nation to compete for basketball's greatest prize. Oregon is
proud of every one of these outstanding young men and their coaches.
It is also fitting that we should take this opportunity to recognize
the entire Portland State community. As Oregon's largest university,
PSU is a source of pride for our State. The Viking's athletic
achievements reflect the spirit and work ethic of their university, and
I am proud to honor their achievement today.
Madam Speaker, I would like to recognize each member of the PSU men's
basketball team individually, beginning with Head Coach Ken Bone,
Assistant Head Coach Tyler Geving, Assistant Coaches Curtis Allen and
Eric Harper, and Director of Basketball Operations Tyler Coston.
Furthermore, I congratulate the 2007-2008 PSU Viking's: Kyle Coston,
Brian Curtis, Jeremiah Dominguez, Justynn Hammond, Deonte Huff, Jaime
Jones, Lucas Dupree, Tyrell Mara, J.R. Moore, Scott Morison, Andre
Murray, Phil Nelson, Mickey Polis, Julius Thomas, Alex Tiefenthaler and
Dominic Waters.
Madam Speaker, I invite my colleagues to join me in congratulating
these outstanding young men. On behalf of the entire State of Oregon,
congratulations and good luck. Go Vikings.

____________________

IN RECOGNITION OF THE CITY OF MIDDLEBURG HEIGHTS

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Monday, March 31, 2008

Mr. KUCINICH. Madam Speaker, I rise today in recognition of the city
of Middleburg Heights, Ohio on the occasion of the twentieth
Anniversary Salute to the City event at the award-winning Middleburg
Heights community center. Evolving from the Inaugural Ball, the Salute
to the City event has paid tribute to individuals, groups, and
organizations that collectively work to make Middleburg Heights the
pride of Ohio and its residents.

[[Page 4558]]

Since years before even the Salute to the City began, Middleburg
Heights would not have been the incredible city that it is today
without the leadership, service, and vision of Mayor Gary Starr. In his
work as mayor since 1981 and councilman for several years prior, Gary
has paved the way for present and future community and economic
enhancements to the City of Middleburg Heights. I applaud his
dedication and strong commitment of the people of Middleburg Heights.
I stand with the Salute to the City committee, including founding
committee members Darlene Kobask and Lona Gruber, to honor Mayor Gary
Starr, all members of the Middleburg Heights City Council--including
Council President Alan C. Budney, Councilman at Large James F.
Sheppard, Councilman at Large Tim Ali, Ward 1 Councilman David
Bortolotto, and Ward 4 Councilman Raymond G. Guttman--and the employees
of all city departments.
Together with the Salute to the City committee, I also honor the
contributions of other groups and organizations serving residents of
Middleburg Heights, including the American Association of Retired
Persons, the Berea City School District, the Middleburg Heights Women's
Club, the Friends of the Library, the Middleburg Heights Kiwanis Club,
the Middleburg Heights Community Council, the Tri-City Senior Center,
Southwest Adult Day Care, the Middleburg Heights Chamber of Commerce,
the Middleburg Heights Historical Society, the Middleburg Heights
Veterans Memorial Committee, the Rotary Club of Middleburg Heights, the
Southwest General Health System and Foundation, and The Optimist Club.
Madam Speaker and colleagues, please join me in recognizing all of
those who make the City of Middleburg Heights, Ohio, the wonderful
place it is to live and work and a city known for its rich, community-
driven history.

____________________

HONORING MICHAEL REESE KELLY

______

HON. SAM GRAVES

of missouri

in the house of representatives

Monday, March 31, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Michael Reese
Kelly of Blue Springs, Missouri. Michael is a very special young man
who has exemplified the finest qualities of citizenship and leadership
by taking an active part in the Boy Scouts of America, Troop 1692, and
earning the most prestigious award of Eagle Scout.
Michael has been very active with his troop, participating in many
scout activities. Over the many years Michael has been involved with
scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Michael
Reese Kelly for his accomplishments with the Boy Scouts of America and
for his efforts put forth in achieving the highest distinction of Eagle
Scout.

____________________

RECOGNIZING AND HONORING THE SERVICE OF CAPITOL POLICE OFFICER FRANK W.
WILKES

______

HON. STENY H. HOYER

of maryland

in the house of representatives

Monday, March 31, 2008

Mr. HOYER. Madam Speaker, today I want to recognize and thank one of
my constituents, Frank W. Wilkes of Clinton, Maryland, for his
outstanding service to the United States Congress, the Members who
serve here, and the entire Capitol Hill community over the last two
decades.
I also want to thank and acknowledge his family--his beautiful wife
of 30 years, Paulette, and his sons, Trevor and his wife Delania, and
Frank W. Wilkes III.
After 20 years of service with the Capitol Police, Officer Wilkes
retired recently and will move into a new phase in his life.
For most of his last years of service, Officer Wilkes served as the
officer on duty at the Senate Day Care Center, a position replete with
responsibility and challenge. However, what his resume does not capture
is the fact that the children there adore their friend, ``Officer
Frank.''
In turn, Frank has been a wonderful presence at the day care center,
watching and ensuring that the children go about their day safely and
securely. It's my understanding that he plans to come back and read to
them on a monthly basis as part of his ``retirement'' plans.
Let me say, too, that I have heard from more than one resident in the
neighborhood that Officer Wilkes will be sorely missed; that he was
quite popular with the surrounding residents who trusted his judgment,
respected his extraordinary common sense, and enjoyed his presence.
During his 20 years with the Capitol Police, Officer Wilkes served a
key role in protecting Members of Congress, the President, Vice
President, and visiting dignitaries.
In fact, Frank was awarded a Certificate of Commendation for
apprehending and subduing a suspect who was attempting to physically
assault then-Vice President Dan Quayle.
Prior to joining the Capitol Police force, Officer Wilkes served for
9 years in the United States Air Force. Among other things, he was an
administrative executive support manager, and served as liaison between
the Office of the Secretary of the Air Force, the White House, the
State Department, and the CIA to ensure the proper exchange of
critical, time-urgent information.
Madam Speaker, those of us who enjoy the protection of the Capitol
Police force--Members of Congress, government officials, and the
general public who visit the Capitol complex--take their presence and
their professionalism for granted far too often.
The truth is, we owe our Capitol Police officers--people like Frank
Wilkes--a real debt of gratitude for doing such an important,
oftentimes complicated job with great dedication and commitment.
Thus, today, I again want to thank Frank for his two decades of
service to the Capitol Police and our Nation, and to wish him all the
best in his future endeavors.

____________________

PRAISING TONYA KINLOW FOR WORKING TO IMPROVE DC SCHOOLS AS OMBUDSMAN

______

HON. CHARLES B. RANGEL

of new york

in the house of representatives

Monday, March 31, 2008

Mr. RANGEL. Madam Speaker, I rise today to note the work Tonya Kinlow
has undertaken as the District's Ombudsman for Schools. That office
provides a venue for parents, teachers, and students to voice their
frustrations and dissatisfaction with the low-performing school system,
and to have investigations launched in order to address those
complaints. Kinlow has an impressive record--she, of course, once
worked for my office--and she demonstrates a fierce commitment to
service that should serve her well in her new post.
She served on the DC and State boards of education and was a board
member of the education advocacy group, DC Voice. She was most recently
the vice president of government relations for the DC Hospital
Association. And as a part of the Rangel family, she executed her tasks
superbly well and with an unmatched attention to detail. I am proud of
her accomplishments and the many great things she is poised to do.

____________________

DAY OF SPANISH LANGUAGE JOURNALISM, IN HONOR OF JUSTO DE LARA

______

HON. ILEANA ROS-LEHTINEN

of florida

in the house of representatives

Monday, March 31, 2008

Ms. ROS-LEHTINEN. Madam Speaker, I would like to express my sentiment
that March 26, 2008, should be designated as ``Spanish Language
Journalism Day in honor of Justo de Lara.''
Jose de Armas y Cardenas, who wrote under the pseudonym of Justo de
Lara, was a distinguished journalist, poet, and author. As a result of
his contributions, the Cuban department store chain El Encanto named
their journalism award, the most prestigious award of its kind in Cuba,
the Justo de Lara Prize for Spanish Journalistic Excellence. This award
was given out from 1934 until Fidel Castro's communist takeover in
1959.
His fluency in Spanish, English, Italian, and French and his love for
reading and literature fueled his own desire to write. At an early age,
he was a prolific author and journalist. He worked during the Spanish-
American War as a special envoy for the Sun in 1898, serving as an
official translator between Cuban General Calixto Garcia and Lt.
Colonel Theodore Roosevelt. Jose de Armas y Cardenas was also the only
person of Spanish-speaking origin named by the Government of England in
1916 to be a member of the commission responsible for the tricentennial
celebration of William Shakespeare.
Due to his legacy and example to countless generations, March 26,
2008, should be designated as ``Spanish Language Journalism Day in
honor of Justo de Lara,'' in recognition

[[Page 4559]]

of the excellence in journalism that Jose de Armas y Cardenas achieved
during his life and his love of literature, of the excellence in
journalism that the award in his honor continued to recognize after his
death, and of the hope for such continued excellence today and in the
future.

____________________

HONORING MAYOR ALAN AUTRY

______

HON. GEORGE RADANOVICH

of california

in the house of representatives

Monday, March 31, 2008

Mr. RADANOVICH. Madam Speaker, I rise today to congratulate Mayor
Alan Autry upon being named the Armenian National Committee's ``Man of
the Year.'' Mayor Autry will be honored at a luncheon on Sunday, March
30, 2008, at the Armenian Community Center in Fresno, CA.
Alan Autry was born in Shreveport, LA. As a child, his family moved
to the Central San Joaquin Valley and settled in the small farming
community of Riverdale, CA. He attended Riverdale High School and
received an athletic scholarship to the University of the Pacific in
Stockton, CA, where he received a bachelor's degree in physical
education. Upon graduating from UOP, Mayor Autry played in the National
Football League for the Green Bay Packers. He spent 3 years in the NFL
before retiring.
After leaving the NFL, Mayor Autry turned to a career in film and
television. For 22 years Mayor Autry played various roles on both the
big and small screen. He has continued his entertainment career through
the development of the Autry Entertainment Group. As CEO of the Autry
Entertainment Group, Autry continues to work to bring Fresno to the
forefront as a location for entertainment projects creating economic
stimulus. In a desire to further improve and serve the city of Fresno,
he decided to enter the realm of politics and enter the 2000 mayoral
race.
On January 2, 2001, Mayor Autry was sworn into office to serve as the
Mayor of Fresno. He was elected to serve a second term that began in
January 2005. While in office, the Mayor has been active in various
causes with his primary focus being crime prevention and education
reform. He has also been active in the Armenian community of Fresno.
Prior to being elected into office, he clearly stated his desire to
revitalize downtown Fresno. By revitalizing this area of the city,
Mayor Autry believes that ``Armenia Town'' would be able to thrive as
it did when Armenian immigrants first arrived in Fresno. In 2005, Mayor
Autry committed to building a monument in Fresno dedicated to the
victims of the Armenian Genocide. Mayor Autry has also been a strong
supporter of the Armenian Genocide Resolution.
Madam Speaker, I rise today to commend and congratulate Mayor Alan
Autry upon being awarded with the 2008 Armenian National Committee's
``Man of the Year'' Award. I invite my colleagues to join me in wishing
Mayor Autry many years of continued success.

____________________

HONORING KYLE ROBERT ELDER

______

HON. SAM GRAVES

of missouri

in the house of representatives

Monday, March 31, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Kyle Robert
Elder of Platte City, Missouri. Kyle is a very special young man who
has exemplified the finest qualities of citizenship and leadership by
taking an active part in the Boy Scouts of America, Troop 1249, and
earning the most prestigious award of Eagle Scout.
Kyle has been very active with his troop, participating in many Scout
activities. Over the many years Kyle has been involved with Scouting,
he has not only earned numerous merit badges, but also the respect of
his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Kyle Robert
Elder for his accomplishments with the Boy Scouts of America and for
his efforts put forth in achieving the highest distinction of Eagle
Scout.

____________________

IN REMEMBRANCE OF SENATOR HOWARD METZENBAUM

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Monday, March 31, 2008

Mr. KUCINICH. Madam Speaker, I rise today in remembrance of Howard
Metzenbaum, former U.S. Senator from Ohio. He was a close friend to me
and a great asset to this country. I valued greatly my relationship
with him; I turned to him frequently for advice and inspiration. He was
a consummate consumer advocate, labor rights advocate, accomplished
legislator and an important figure in Ohio's political history.
Senator Metzenbaum's steadfast support for consumer rights and worker
protections, as well as his commitment to protecting the working class
in this country, still serves as a constant motivation for me in my
service to my constituents.
During his years in the Senate, Mr. Metzenbaum introduced and passed
several important pieces of legislation such as The Nutrition
Information and Labeling Act of 1990 and the Cable Act of 1992, which
re-regulated cable TV rates. Following his retirement from the Senate,
Mr. Metzenbaum served as the Chairman for the Consumer Federation of
America for ten years, a demonstration of his dedication to consumer
interest.
Senator Metzenbaum will be remembered as a savvy businessman and
staunch advocate for Ohio's working men and women. From parking lots to
newspapers and airports his investments secured his legacy in Ohio as
both an iron-willed businessman and politician. He was a fearless
opponent of all things related to special interests--if a bill did not
have the best interest of workers and consumers in mind, it would not
budge in the Senate. He was one of the greatest senators to serve this
country. Ohio was fortunate to be the beneficiaries of his service, and
I was very fortunate to be the recipient of his wisdom and guidance. My
thoughts and prayers go out to his family.
Madam Speaker and colleagues please join me in honoring the life of
Howard Metzenbaum, a dedicated citizen and politician of Ohio, whose
forceful legislative, economic and personal contributions to this
country will live on long into the future.

____________________

80TH ANNIVERSARY OF OROVILLE STATE THEATER

______

HON. JOHN T. DOOLITTLE

of california

in the house of representatives

Monday, March 31, 2008

Mr. DOOLITTLE. Madam Speaker, today I wish to join with the City of
Oroville, California, in celebrating the 80th anniversary of the
Oroville State Theater.
Dedicated on April 7, 1928, the Oroville State Theater has served as
an integral part of downtown Oroville. Designed by Timothy L. Pflueger,
one of the leading architects of the 1920s, the facility is now
recognized in the National Historical Register.
The theater was originally designed for fine vaudeville acts and
films. It was one of the last ``Movie Palaces'' built for both live and
film entertainment. Although movies became the main staple, live
performances, talent shows, war bond drives, and school graduations
continued to take place within the theater.
The Oroville State Theater underwent significant remodeling at the
direction of United Artists. Much of the theater's original 1928
architectural details, including the magnificent flag sign and marquee,
were either removed or covered. In 1986, United Artists notified the
city of its intent to close and sell the theater. Rather than have a
vacant building downtown, the city viewed the pending closure as an
opportunity to fill a longstanding need for a community performance
center.
Since 1986, the Oroville State Theater has undergone a significant
renovation with the goal of returning the facility to its original 1928
operating condition. Subsequently, these renovations have brought back
some of the building's most interesting visual features, including the
facade along Myers Street. The extensive improvements have occurred
because of strong support by volunteers, business and community
organizations.
On April 5, 2008, we will all celebrate the theater's 80th
anniversary with an event that will replicate much of the program from
its original ``Grand Opening,'' including a silent movie with live
theater organ accompaniment. Without question, the community support of
the Oroville State Theater continues to be the backbone of this
longstanding community tradition. With the efforts put forth by so
many, they have ensured that the curtain will not fall for their
theater, but usher in a new era of theatrical performances.

[[Page 4560]]

____________________

COMMENDING GRENADA ON NAMING ERIC GAIRY A NATIONAL HERO IN ITS 34TH
ANNIVERSARY OF INDEPENDENCE

______

HON. CHARLES B. RANGEL

of new york

in the house of representatives

Monday, March 31, 2008

Mr. RANGEL. Madam Speaker, I rise today to congratulate Grenada on
the commemoration of its political independence and to commend its
selection of Eric Matthew Gairy, the country's first prime minister, as
its first national hero. He led his country to independence from
Britain in 1974 and served out his term amidst those politically
charged and tense early years.
It is imperative for a nation seeking to move forward to cull its
collective memory and pay homage to the men and women whose sacrifice
and heroism in the past created the opportunities of the present.
Grenada is applauded for its efforts to do just that, announcing along
with Gairy 15 other awardees who have stood up for the island nation
over the course of its 34 years. Congratulations, Grenada.

Grenada: Eric Gairy National Hero

St. Georges's Grenada, CMC.--Former Prime Minister Sir Eric
Matthew Gairy was named as the country's first National Hero
and a number of outstanding nationals honoured as Grenadians
celebrated 34 years of political independence from Britain.
Prime Minister Dr. Keith Mitchell announced that Gairy, who
became this Caribbean country's first Prime Minister after
leading the former British colony into Independence on
February 7, 1974, would be the nation's first hero under the
recently passed National Honours Act.
The new piece of legislation provides for 15 people to be
recognised annually for outstanding services to Grenada as
part of the independence celebrations.
Among the first batch of awardees was deceased Grenadian-
born regional broadcaster Leslie Seon and Leslie Pierre,
editor of the weekly Grenadian Voice newspaper, who was made
a Knight Commander for his contribution towards the
development of the Scout Movement and Journalism in the
island.
``Well I don't know who put my name there but I have done
my part,'' said Pierre, who was putting together this
weekend's edition when the representative of the National
Hero's Commission made the announcement to the thousands who
were attending Independence Day celebrations at the National
Stadium.
The other awardees announced by the Committee include
former teachers Eleanor Pilgrim and Lorraine Ramdhanny who
received the Spice Isle Award. This award is awarded to two
people who have rendered valuable service to Grenada in any
field of human endeavour or for other humane action.
Joel Mark and Veronica Alexis received the Camerhogne
Award, which is awarded to two citizens who rendered
meritorious service in the furtherance of national prestige
or for gallantry. Mark was the first Grenadian Sailor to
cross the Atlantic on a solo voyage while Alexis is a retired
nurse.
The Medal of Honour was presented to Commissioner of Police
Winston James; former Principal Ursula Antoine and well known
mas player Evelyn Mark.
Honorary awards, which are presented to non Grenadians
whose work has impacted on the development of Grenada, went
to USA citizen Rev. Melville Schaper and Formula One racer
Lewis Hamilton, whose parents are from Grenada.
Schaper is the founder of the St. John Christian Secondary
School which was opened here 42 years ago in one of the most
rural villages in the country.
Governor General Sir Daniel Williams was honoured with the
first Companion of the Order of Grenada award.
In his address Prime Minister Mitchell indicated that the
later in the year a number of streets and buildings will be
named after some prominent Grenadians who have made
significant contributions towards the island since gaining
independence 34th years ago.
``This Government is of the view that after 34 years of
independence, it was time to develop a system that recognized
Grenadians from every background all of whom have done many
different types of work in building our nation and shaping
our society.
``There are those who have made genuine contributions to
our industrial development as a whole and who have headed up
major initiatives in the corporate sector or who have given
outstanding service to the community. Our new system of
national awards sought to recognise them all,'' the Prime
Minister said.
On the eve of independence the main opposition National
Democratic Congress (NDC) called on the Mitchell
administration to commit to naming the country's
international airport after former leftist prime minister
Maurice Bishop.
``We believe that the time has come, as this whole nation
is moving towards genuine reconciliation and an understanding
of its history, that the airport be named after the leader
who perhaps did the most for its coming into being,'' NDC
Deputy political leader, George Prime said.
The Point Salines International Airport was constructed
under Bishop's administration with Cuban aid.

____________________

HONORING LEONA SASSAMAN

______

HON. PATRICK J. MURPHY

of pennsylvania

in the house of representatives

Monday, March 31, 2008

Mr. PATRICK J. MURPHY of Pennsylvania. Madam Speaker, I rise today to
honor Leona Sassaman, longtime Tinicum Township resident. Ms. Sassaman
is being recognized by the Tinicum Democrats on April 6th for her hard
work and exceptional achievements in working to better her community.
Born in Uhlerstown, PA in 1925, Leona Sassaman has a long history of
service to her community. Beginning her community involvement, Ms.
Sassaman worked for 25 years making parts for RCA. During this time,
Ms. Sassaman was an active member of the International Glass, Plastic,
Pottery, and Allied Workers Union, Local 173A. Ms. Sassaman served as
chief shop steward, union treasurer, secretary and president, laboring
to make the workplace safer for she and her colleagues.
Ms. Sassaman has also worked for years to improve the safety of her
community through her involvement with the Delaware County firehouse. A
member of the firehouse for over 50 years, Ms. Sassaman was involved in
the firehouse's construction in 1958. Throughout the years, Mr.
Sassaman has contributed to countless fundraising events and activities
for the firehouse, such as bake sales, Friday night spaghetti dinners,
and rummage sales.
Adding to her distinguished work, Ms. Sassaman is an active member of
the political process within her community. A member of the Board of
Elections for 30 years, Ms. Sassaman was elected and served as minority
clerk to the board until 2006. Ms. Sassaman has been an active member
of the Democratic Party for many years, while also serving as a
reliable political resource for those in her community of any political
party.
As her outstanding efforts show, Leona Sassaman has pledged her life
to helping those in her community. Through her tireless work, Ms.
Sassaman has clearly bettered the lives of those around her. Madam
Speaker, I am proud to recognize Ms. Sassaman for her extraordinary
accomplishments and extremely honored to serve as her Congressman.

____________________

RECOGNIZING JAMES HARRIS, VETERAN OF THE YEAR FOR THE CITY OF DIXON,
CALIFORNIA

______

HON. ELLEN O. TAUSCHER

of california

in the house of representatives

Monday, March 31, 2008

Mrs. TAUSCHER. Madam Speaker, I rise to pay tribute to James Harris,
who received the Veteran of the Year award for the city of Dixon,
California, on March 15, 2008.
James Harris, known as ``Jim'' by his friends, began his military
career in 1961. Harris, now 72, served in the Air Force for 28 years,
starting his illustrious career in the Air Force fire protection rescue
unit. He retired from active duty in 1989, as a chief master sergeant,
but to this day continues his service to those in uniform as an
advocate for veterans affairs.
Harris is one of the original members for the Tuskegee Airmen, out of
Travis Air Force Base. Additionally, he serves as the chairman of the
committee that supports the new national cemetery in Dixon, CA.
In the wake of the wars in Afghanistan and Iraq, a large number of
veterans are returning to a nation that is grateful for their service.
However, it is men like Harris that ensure veterans past and present
receive needed care and are never forgotten.
Jim Harris' selfless service and dedication to duty makes him a
valuable asset to active duty personnel serving overseas and also
veterans of past wars. Jim once said ``[n]o one really understands war
until you've been in one. I feel it is my obligation to support them.''
He uses this as his motivation to continue serving past and present
members of the military.
Veterans like Jim Harris were not asked to spend their time
supporting the military. He does not do his job to win awards or to be
recognized. He does it because of his past service in the military, for
his family, and for all of the citizens in this great Nation. He feels
obligated to continue to serve and we as a nation take his actions to
heart--we will continue

[[Page 4561]]

to honor those that serve in the military, now and forever.
I am also grateful of Mr. Harris' service as a member of my Veterans
Advisory Board, where he provides great counsel on issues of import to
all veterans.
Congratulations to Jim Harris on a job well done. We are grateful for
your service in the past, present, and in the future. You are a true
American hero.

____________________

IN HONOR OF ASKOUHY JALLYAN-VASSILIAN

______

HON. FRANK PALLONE, JR.

of new jersey

in the house of representatives

Monday, March 31, 2008

Mr. PALLONE. Madam Speaker, I rise today to honor Askouhy Jallyan-
Vassilian and her dedication to her community and the Armenian people.
Mrs. Jallyan-Vassilian was a survivor of the genocide inflicted upon
the Armenian people. She was the embodiment of the enduring human
spirit.
Mrs. Jallyan-Vassilian was born Askouhy Jallyan on February 12, 1914,
in Orfa, Turkey. Her mother, Khanem, had married in 1913 and was 18
years old when she gave birth to her only daughter. Khanem was widowed
in 1915 when her husband, Nazaret, was murdered. Mrs. Jallyan-Vassilian
was able to flee the horrors of genocide when she escaped with her
mother to neighboring Syria.
Later, Mrs. Jallyan-Vassilian married her husband Missak Vassilian at
the age of 19. Together they raised three sons and a daughter. She was
also the proud grandmother of 10 grandchildren and 12 great-
grandchildren. Her son, Asbed Vassilian, is currently a professor of
chemistry at Rutgers, The State University of New Jersey, and is the
head of that school's Armenian studies program.
On October 10, 2007, Mrs. Jallyan-Vassilian attended a markup session
of the House of Representatives Committee on Foreign Affairs as it
worked on a resolution recognizing the deplorable deprivation of human
rights that occurred during the Armenian genocide. She had waited 92
years for the United States Congress to recognize the genocide and
suffering that her people had endured at the hands of hate and
intolerance.
Mrs. Jallyan-Vassilian passed away on February 27, 2008. She will be
remembered for her devotion to her Armenian heritage and her commitment
to the cause of those Armenians who suffered wanton violence and
cruelty.
Madam Speaker, I sincerely hope that my colleagues will join me in
celebrating the life of Askouhy Jallyan-Vassilian. Her legacy will
continue to serve as a reminder of the audacity of human resilience.

____________________

IN HONOR OF SPIKE LEE

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Monday, March 31, 2008

Mr. KUCINICH. Madam Speaker, I rise today in honor of distinguished
producer, writer-director, educator and actor, Spike Lee, whose
insightful, intelligent films have had a significant impact not only on
the film industry but also on American political discourse.
The son of a jazz musician and teacher, Shelton Lee was born in 1957
in Atlanta, Georgia and later moved to Brooklyn, New York, the setting
for many of his films and home of his production company, 40 Acres and
a Mule Filmworks. Mr. Lee learned the value of film as a tool of social
commentary and developed his film making skills while attending
Morehouse College, where he made his first student film. He also took
film courses at Clark Atlanta University and later earned a degree from
Tish School of Arts graduate film program at New York University.
Through his films and ability to capture the attention of audiences
everywhere, Mr. Lee's films such as ``Do the Right Thing'' and
``Malcolm X'' have been used as vehicles to significantly raise levels
of social awareness about a variety of important social and political
issues that continue to plague American culture and society.
He has revolutionized the role of Black talent in cinema. Widely
regarded as one of today's premier American filmmakers, Mr. Lee is a
frontrunner in the ``do it yourself school'' of independent films. His
most recent work, ``When the Levees Broke,'' a ground breaking
documentary focusing on the plight of Americans stranded in New Orleans
after Hurricane Katrina, has garnered rave reviews and is considered by
many to be the definitive account of that catastrophic event.
Mr. Lee's trend-setting filmmaking, acting, and groundbreaking
producing are just a few of the contributions he has made to greater
American culture throughout his career. He has not only paved the way
for numerous filmmakers, but has also positively changed public
conversations on many social issues.
Madam Speaker and colleagues, please join me in honoring the talented
and inspirational producer and director, Spike Lee, whose genius will
continue to touch the lives of generations to come.

____________________

HONORING DERICK RAY BONNER

______

HON. SAM GRAVES

of missouri

in the house of representatives

Monday, March 31, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Derick Ray
Bonner of Kearney, Missouri. Derick is a very special young man who has
exemplified the finest qualities of citizenship and leadership by
taking an active part in the Boy Scouts of America, Troop 1397, and
earning the most prestigious award of Eagle Scout.
Derick has been very active with his troop, participating in many
Scout activities. Over the many years Derick has been involved with
Scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Derick Ray
Bonner for his accomplishments with the Boy Scouts of America and for
his efforts put forth in achieving the highest distinction of Eagle
Scout.

____________________

COMMENDING THE IMMIGRANT AND HIS CONTRIBUTION TO NEW YORK CITY'S
VIBRANCY

______

HON. CHARLES B. RANGEL

of new york

in the house of representatives

Monday, March 31, 2008

Mr. RANGEL. Madam Speaker, I rise today to express my delight that
immigrants have carved out a sacrosanct place in the American story and
accordingly introduce a New York Daily News piece showcasing that
contribution. The vivacity and freshness that come with a heavy
immigrant population has been a defining characteristic of New York
City--and we have been the better for it. We define ourselves as a city
of immigrants and recognize the importance of the Statue of Liberty as
a symbol of what has helped make our city great. We live immersed in a
potpourri of culture, all components distinctly American but each with
flair and a kaleidoscopic beauty.
Our children have benefitted most from this variety, learning not
just from their teachers, but from a diverse cast of neighbors and
peers. The February 14 article--``Immigrants' Stories Not Foreign to
Kids''--narrates the story of a New York classroom filled with
Americans, through and through, all with ancestral ties to foreign
nations. This newest generation will inherit this country far better
equipped to be citizens of the world than generations before them. They
are bound by a fervid love and allegiance to America, their home,
married with a sensitivity and respect for our global neighbors.
It is a good day in America when our commonalities bind us, and our
differences bring us that much closer.

Immigrants' Stories Not Foreign To Kids

It's a wonder immigrants in the U.S. haven't been blamed
for global warming. After all, from the crumbling economy to
increases in crime, they've been accused of just about every
other of society's ills.
Which is why walking on Tuesday into teachers Joe Briscat
and Kristen Grolimund's fourth-grade class at Public School
199 in Long Island City was so uplifting. Their students are
lively, smart, curious and diverse, everything you would
expect from New York kids. And as it can happen only in this
city, particularly in Queens, they--or their parents--come
from 11 different countries.
``Raise your hand if your parents came from a foreign
country,'' the group of 24 9- and 10-year-olds was asked. All
the students did.
There was Anita, a self-assured 9-year-old with big green
eyes who wants to be a doctor. A Muslim, she was wearing a
beautiful gold head scarf.
``My parents are from Yugoslavia, but I was born here. I am
a citizen,'' she said proudly.
And there was Angel, also 9, with a ready smile and
mischievous eyes, who wants to grow up to be a pilot. He came
from Mexico with his parents, as did Maura, who is tall for
her 9 years and very shy.
``I want to be a teacher,'' she said.
Tenzin, 9, was born in Tibet and was not shy at all. And
Shrabonti, 10, arrived in New York from Bangladesh and is
proud of her good grades.
``I love school,'' she said.

[[Page 4562]]

That's why ``A City of Immigrants--Dreams and Realities of
Life in New York, 1840-2007,'' the history course Briscat and
Grolimund are teaching, is so appropriate. For these kids,
history is more than learning about events that took place
many years before they were born.
For them, the history of New York is their own and that of
their parents; it is the struggle and the hopes and dreams of
people like themselves who make our city vibrant and alive
and unique.
``Immigration has defined the history of New York City,''
reads the introduction to the curriculum of ``A City of
Immigrants,'' which was developed by the LaGuardia and Wagner
Archives of LaGuardia Community College.
This became even more evident for the students on Tuesday,
when three of the people they had been studying in class--all
of whom have their immigrant experiences chronicled in the
fourth-grade curriculum of ``A City of Immigrants''--came to
visit them.
Esther Levine, born in 1919, was the daughter of Morris
Levine, one of millions of Eastern European Jews who fled
religious persecution from the 1880s through the 1920s.
She told the children about her father, who became a
traveling salesman, about Dora, her mother, and their life on
Essex St. on a very different lower East Side of Manhattan.
Juan Rodriguez, a graphic designer at LaGuardia, a
Dominican immigrant in his mid-30s, dreamed of being a
baseball player. The kids were fascinated by his tale of
playing pelota with a glove made from cardboard in his native
country when he was about their age.
Fern Kahn, a former associate dean at LaGuardia, told the
children about her life in New York in the 1950s, when she
arrived from Jamaica to study at NYU. But it was when she
spoke about her native country, and how she kept close ties
with its culture, that the children could not stop asking
questions.
``Many fourth- and fifth-graders, especially those in
public schools in Queens, are members of these ethnic
groups,'' said Richard Lieberman, the archives director. ``By
inviting Fern, Juan and Esther to speak to the class, the
children will gain an understanding of their own place in
history and the important role they play in American
society.''
They, these diverse New York children, will be the doctors,
pilots and teachers of the future. And they will keep writing
the history of our vibrant and unique city, which is, after
all is said and done, their own story.

____________________

PERSONAL EXPLANATION

______

HON. STEVE COHEN

of tennessee

in the house of representatives

Monday, March 31, 2008

Mr. COHEN. Madam Speaker, on Tuesday, March 12, I was unable to vote
on roll No. 126 on the Motion to Adjourn. Had I been present, I would
have voted ``no'' on this motion.

____________________

HONORING WILLIAM D. WHITE OF NAPA, CALIFORNIA

______

HON. MIKE THOMPSON

of california

in the house of representatives

Monday, March 31, 2008

Mr. THOMPSON of California. Madam Speaker, I rise today to recognize
my good friend and former high school classmate, William D. ``Bill''
White, who has retired from the Napa County District Attorney's Office
after 35 years of dedicated public service in law enforcement.
Bill grew up near Lake Berryessa in Napa County and attended a small
county elementary school that was variously housed in a county roads
building, a laundromat, and a teacher's home before a proper elementary
school was built. When he moved to the ``city schools'' in St. Helena,
he prospered. He was on the high school football and track teams, was
both vice president and president of the Student Body Council and Model
U.N. representative.
Bill began his law enforcement career shortly after he graduated from
St. Helena High School. He enrolled in Napa Valley College and soon
thereafter joined the campus police force.
In 1973 Bill began working for the Calistoga Police Department as a
patrolman and as a police dispatcher and later worked as a patrolman
with the Suisun Police Department in Solano County. Bill joined the
Napa County Sheriffs Department in 1977 and distinguished himself over
the next 18 years as a patrol deputy, narcotics investigator, and
homicide investigator.
He joined the Napa County District Attorney's Office as an
investigator in 1995, later becoming supervising investigator in 2004
and chief investigator in 2005. In these years he became an expert in
domestic violence and homicide investigations. In the course of his
career he has worked on more than 3,000 domestic violence cases and
became a court-approved expert in investigating these crimes.
Madam Speaker, Bill White has provided an invaluable service to the
people of Napa County for many years, and it is fitting and proper to
honor him today and wish him well in his retirement.

____________________

HONORING BRIGHAM MATTHEW BARZEE

______

HON. SAM GRAVES

of missouri

in the house of representatives

Monday, March 31, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Brigham
Matthew Barzee of Kansas City, Missouri. Brigham is a very special
young man who has exemplified the finest qualities of citizenship and
leadership by taking an active part in the Boy Scouts of America, Troop
2137, and earning the most prestigious award of Eagle Scout.
Brigham has been very active with his troop, participating in many
Scout activities. Over the many years Brigham has been involved with
Scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Brigham
Matthew Barzee for his accomplishments with the Boy Scouts of America
and for his efforts put forth in achieving the highest distinction of
Eagle Scout.

____________________

PERSONAL EXPLANATION

______

HON. LYNN C. WOOLSEY

of california

in the house of representatives

Monday, March 31, 2008

Ms. WOOLSEY. Madam Speaker, on March 12, 2008, I was unavoidably
detained and was not able to record my votes for rollcall Nos. 135-142.
Had I been present I would have voted: rollcall No. 135--``yes''--On
Motion to Table the Appeal of the Ruling of the Chair; rollcall No.
136--``yes''--On Approving the Journal; rollcall No. 137--``yes''--
Kilpatrick of Michigan Substitute Amendment; rollcall No. 138--
``yes''--Lee of California Substitute Amendment; rollcall No. 139--
``present''--Call of the House; rollcall No. 140--``no''--Ryan of
Wisconsin Substitute Amendment; rollcall No. 141--``yes''--Revising the
congressional Budget for the United States Government for fiscal year
2008, establishing the congressional budget for the United States
Government for fiscal year 2009, and setting forth appropriate
budgetary levels for fiscal years 2010 through 2013; and rollcall No.
142--``yes''--Recognizing the exceptional sacrifice of the 69th
Infantry Regiment, known as the Fighting 69th, in support of the Global
War on Terror.

____________________

HONORING WOMEN'S HISTORY ALL YEAR AROUND

______

HON. CHARLES B. RANGEL

of new york

in the house of representatives

Monday, March 31, 2008

Mr. RANGEL. Madam Speaker, today I rise to ask my colleagues to join
me in recognizing the everlasting accomplishments and contributions of
women as we look to celebrate National Women's History beyond the month
of March.
This year's theme, as resolved by the House of Representatives on
March 4, 2008, was to increase awareness and knowledge of women's
involvement in history. It is an effort that is long overdue. Women
have been pillars in our communities for centuries despite the sexism
and discrimination that have limited their opportunities to succeed
across all fields and disciplines. Their stories are undeniably woven
in the fabric of our history, from colonial times up through today.
The fight of our sisters and mothers to overcome stereotypes and
other obstacles has helped carry out the promise of our democracy and
drawn us closer to a more perfect union. The names of those who have
broken

[[Page 4563]]

through the barriers of the status quo include Harriet Tubman, whose
stewardship of the Underground Railroad helped free hundreds of
thousands of African American slaves; Elizabeth Cady Stanton, whose
activism pushed open the ballot box and made it possible for all women
to vote; Rosa Parks, whose refusal to move to the back of an Alabama
bus jumpstarted the modern civil rights movement; and Dolores Huerta,
who, as co-founder of the United Farm Workers Union, helped secure fair
wages and working conditions for thousands of rural and urban workers.
In our very own House of Representatives, the list of heroes includes
the first woman in the U.S. Congress, Rep. Jeannette Rankin, and
Shirley Chisholm, the first black woman elected to the U.S. Congress
who later become the first female and black Presidential candidate. It
includes our very Speaker, Nancy Pelosi, who last year became the first
woman elected to lead this grand Chamber.
My district, New York's 15th Congressional District, is not without
its share of accomplished heroines. It is home to accomplished
community leaders like Dr. Ramona Hernandez, Director of the Dominican
Studies Institute at the City University of New York; technology
advocate Dr. Georgina Falu, founder and president of the Falu
Foundation; prominent Harlem physician and activist Dr. Muriel Marjorie
Petioni; and Susan Susman, founder of the Preserve West Park North
Coalition, who is an active member of the Mitchell Lama Residents
Coalition and fierce housing activist. These are just some of the
extraordinary residents whose accomplishments sometimes go unnoticed by
the media but who are working continually to improve the lives of their
families and their communities.
So Madam Speaker, I ask that you and my distinguished colleagues join
me in recognizing the contributions made and realities faced by women
in the month of March and every day of the year. It is an effort that
will bring us one step closer to a Nation that not only values equality
and justice but is also firmly committed to securing it for all.

____________________

REBUILDING AMERICA'S FUTURE

______

HON. RUSS CARNAHAN

of missouri

in the house of representatives

Monday, March 31, 2008

Mr. CARNAHAN. Madam Speaker, with an economic slowdown looming and
the war in Iraq draining billions of dollars in public resources every
week, a strong Federal budget will give families the help they need to
weather tough times and prepare for a prosperous future.
A budget that invests in America's future will direct federal funding
to where it's needed most, especially health care, education, housing,
nutrition, job training and other priorities that promote economic
growth and expand opportunity.
A budget resolution that invests in America's future will include
bold new investments in high-quality, affordable health care; strong
public education; infrastructure and the development of clean energy
sources to end our dependence on foreign oil. It also means an end to
the costly war in Iraq, and the repeal of President Bush's
irresponsible tax breaks for those who don't need or want them.
We should also be providing tax relief and help to struggling
families and veterans; increase homeland security funding; and reject
the President's cuts to our first responders.
A budget that invests in America's future will succeed only with
broad support in Congress. I encourage my distinguished colleagues to
support this proposed budget to rebuild America's future.

____________________

HONORING ZACHARY ANTHONY LAYTON

______

HON. SAM GRAVES

of missouri

in the house of representatives

Monday, March 31, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Zachary
Anthony Layton of Platte City, Missouri. Zachary is a very special
young man who has exemplified the finest qualities of citizenship and
leadership by taking an active part in the Boy Scouts of America, Troop
1249, and earning the most prestigious award of Eagle Scout.
Zachary has been very active with his troop, participating in many
Scout activities. Over the many years Zachary has been involved with
Scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Zachary
Anthony Layton for his accomplishments with the Boy Scouts of America
and for his efforts put forth in achieving the highest distinction of
Eagle Scout.

____________________

IN RECOGNITION OF PRISCILLA RAKESTRAW, 24TH TRAILBLAZER AWARD RECIPIENT

______

HON. MICHAEL N. CASTLE

of delaware

in the house of representatives

Monday, March 31, 2008

Mr. CASTLE. Madam Speaker, it is with great pleasure that I rise
today to recognize Ms. Priscilla Rakestraw, who is the recipient of The
Agenda for Delaware Women's 24th Trailblazer Award. Priscilla was
selected for this award because of her pioneer roles in formulating
corporate policy, community service, politics, and Government.
During her career in human resources at the DuPont Company,
Priscilla was instrumental in developing substance abuse and sexual
harassment programs for DuPont. These programs gained recognition
nationwide, eventually resulting in their adoption at DuPont locations
throughout the United States. Due to Priscilla's foresight and
persistence, DuPont was able to provide assistance aimed at eradicating
harmful behaviors in the workplace.
After leaving DuPont, Priscilla continued to use her skills and
passion as a leader to advance causes for organizations she feels
strongly about. She is active in raising funds for various community,
church, and charitable organizations. As development director for
Wilmington College, Priscilla played a vital part in raising funds to
expand the university by acquiring new college sites. As development
director for the Delaware Breast Cancer Coalition, she has raised funds
for a new, more conveniently located facility. She has served on a
number of boards, including Goodwill, the Ministry of Caring, the East
Side Charter School, and the annual auction for the Emmanuel Dining
Room, where she raised over $500,000 to provide food to those in need.
An advocate for women in politics and Government, Priscilla has long
encouraged women to pursue positions in politics, she herself having
extensive experience in the political arena. Priscilla has held
leadership positions in more than 120 campaigns, both at the national
and State levels. She is presently the longest serving member of the
Republican National Committee, having held the position of Delaware's
Republican National Committeewoman since the age of 27. She will attend
the National Convention this year, as usual, and is a member of the
Arrangements Committee and chair of the Convention's Entertainment
Committee.
I want to publicly thank, recognize and acknowledge Priscilla
Rakestraw for her many years of service and numerous contributions to
the State of Delaware. She is an excellent role model for those who
aspire to serve their community through both public office and private
service. She is a true trailblazer in every respect.

____________________

HONORING MARGARET TRUMAN DANIELS AND HER LIFETIME OF ACHIEVEMENTS

______

HON. CHARLES B. RANGEL

of new york

in the house of representatives

Monday, March 31, 2008

Mr. RANGEL. Madam Speaker, I rise today to honor Margaret Truman
Daniels, the daughter of a great American President and a popular
mystery novelist whose source of grace and inimitable talent was no
mystery. Her strong-willed parents, President Harry S. Truman and his
wife Bess, instilled in her a depth of character and a penchant for
independence that remained with her a lifetime. She was their beloved
only child who made a name for herself in the entertainment business--
staking a claim in the worlds of music, television, radio, and books,
and even establishing her own brand of critically-acclaimed Washington-
based mystery novels.
She was a longtime New York resident, and we are proud to have
called her one of our own. The breadth of her talent and the legacy she
sought to preserve set her apart, and that is what we celebrate today.

[[Page 4564]]

____________________

IN RECOGNITION OF THE 150TH ANNIVERSARY OF THE ESTABLISHMENT OF THE
SPRINGFIELD, MISSOURI, POLICE DEPARTMENT

______

HON. ROY BLUNT

of missouri

in the house of representatives

Monday, March 31, 2008

Mr. BLUNT. Madam Speaker, I rise today to pay tribute to the
Springfield, Missouri, Police Department as this year it celebrates 150
years of distinguished service to a grateful community.
In truth, the department actually traces its origins as far back as
1829, when Campbell township, which would later become Springfield, was
laid out and initially settled. Twenty years later, the community's
first constable was appointed by a population consisting of a small
group of families living on the outer edges of the wilderness. Law and
order, of sorts, having been established, the population of Springfield
grew rapidly as more families sought new challenges and opportunities
in the beauty of the Ozarks.
To keep up with a growing settlement, Springfield formally created a
small police force in 1858--consisting of a marshal and two junior
officers. Thus began in earnest what would later be recognized as one
of the most effective and efficient community law enforcement agencies
in the country.
By the end of the 19th century, the chief of the Springfield Police
Department was collecting a stout salary of $50 a month, and officers
were making a whole lot less. And if the pay didn't scare them away,
the department's standard uniform sometimes did: blue serge uniforms
with English-style police helmets--attire strikingly similar to British
``Bobbies.'' Officers walked a beat 12 hours a day, 7 days a week,
every day of the year. It would be 50 years and the passage of new
Federal work laws before officers saw a 5-day work week, and another
extended period of time before Springfield voters would approve the
first pension plan for police officers and firemen.
The first telephone arrived at the Springfield headquarters in 1898,
and 2 years later a transport vehicle, dubbed the ``Black Maria'' and
the ``Hoodlum Wagon,'' was put into use. The first automobile, a
Studebaker, didn't roll into the station until 1910--but all beats
would be covered by foot patrol into the 1960s.
Under the leadership of Lieutenant Sam Robards, the Springfield
Police entered a new era in 1940 by establishing an integrated police
academy, creating a gun range, upgrading its weapons cache, and making
mandatory a program of in-service training. The new gadgets of the 20th
century that changed everyday life in America also enhanced the
abilities and effectiveness of the police department.
Nearly 100 years after the first patrol car went into service,
modern patrol vehicles today are enclosed, climate controlled, and
equipped with laptop computers, cellular telephones, and radios that
provide instant contact between officers and commanders. As one would
expect, this technology has had a real and immediate impact.
Last year, the Springfield Police Department responded to more than
100,000 calls for service and investigated more than 15,000 reported
crimes. Just to give you some perspective, traffic enforcement didn't
begin as an obligation of law enforcement until after World War I--with
one Springfield officer, on foot, directing horseless carriages at the
corner of Jefferson Avenue and St. Louis Street. The modern day
Springfield Police force worked 9,000 traffic accidents last year and
issued more than 53,000 traffic citations.
Today, officers use small, highly sophisticated surveillance
equipment to both prevent crimes and prosecute criminals. Cutting-edge
science in forensic laboratories is now an essential part of crime
solving. Officers of 1858 would marvel at the sophistication of the
21st century law enforcement technologies being employed every day by
the Springfield P.D.
Other new scientific advances prompted the creation of the Bureau of
Identification, which started taking fingerprints and photographs of
all suspects in 1925. In the latter part of the century, the six-
shooter was replaced by 9mm semiautomatic handguns; automatic weapons
and bulletproof vests were added and a tactical weapons squad became
permanent additions to the force. Mace, batons, and riot helmets were
issued for the first time in the 1960s. To respond to the rising tide
of illegal drugs, the Springfield Police Department created a narcotics
unit in the 1970s.
Other innovations in law enforcement were realized in 1959, when the
department first formed the Police Dog Unit, P.D.U., with three
officers and three dogs. The unit was disbanded in 1979, only to be
reestablished in 1994. Women became part of the Springfield Police
Department in 1914 when Margaret Hull was enlisted as the first
commissioned policewoman, charged with handling female prisoners.
Sixty-two years later, the first female officer was sworn in to work as
a patrol officer with her male counterparts. Black officers began their
service on the police force starting in 1874 and have continued to
serve their community with bravery and honor ever since.
The Springfield Police Department began housing prisoners in 1874,
welcoming their clients in a 15x30 foot wooden building with a dirt
floor. The jail was located immediately west of the downtown business
district, and is the site of the present day Calaboose, home of the
department's Police Museum and Park Central Substation. At the turn of
the 20th century, it wasn't unusual to see intoxicated partygoers
hauled to jail in a wheelbarrow. Tough to get a DUI on three wheels,
after all. But after nearly 130 years in the jail business, the
Springfield Police Department transferred all incarceration
responsibilities to the Greene County jail complex.
The department headquarters have moved several times over the past
century and a half--each time in response to a growing population and
the demand for more police services. From near Park Central Square and
West College Street in the late 1800s and finally into two modern
stations on East Chestnut Expressway near city hall and on Battlefield
Road, police headquarters are designed to be high security, limited-
access facilities to accommodate the logistical needs of a growing
police force--and an ever-growing community.
In 2003, the Committee of the International Association of Chiefs of
Police announced the Springfield Police Department was a finalist in a
worldwide competition recognizing outstanding community policing
initiatives--a first for any police force in the State of Missouri.
That same year, the Springfield Police Department was granted full
accreditation status by a national commission for the third consecutive
year.
As much as things have changed over 150 years, some things have not.
Just as in 1858, officers put their lives on the line for their
friends, families, and neighbors each and every day. And just as in the
past, the community of Springfield thanks those officers for their
service, and forever honors the heroes that have fallen in the line of
duty.
Though not long, the list of officers killed while on the job reminds
us every day of the solemn commitment others have made--and continue to
make--to safeguard our security. Starting with Campbell Township
Constable Jacob Baughman in 1871, nine Springfield officers have made
the ultimate sacrifice. Four officers were killed in the 20th century's
single deadliest law enforcement shoot-out on record--referred to by
most as ``The Young Massacre.'' Also killed in that epic 1932 battle
with the Young brothers was the Greene County sheriff, as well as his
deputy.
Today, our police officers serve as our first line of defense against
a new and evolving threat--terrorism. The world is a much more
dangerous place today than it was in 1829, and there are those--both
homegrown and foreign--who would like nothing more than to visit harm
upon the American people. It will be local police who likely detect and
face that threat first.
For all they have done over the last 150 years--and continue to do to
this very day--I want to express my sincere appreciation and thanks to
the Springfield Police Department, and congratulate it on reaching this
historic milestone. I also want to urge my fellow citizens not to
forget to thank each officer they see for the important work they do
each and every day.

____________________

HONORING RONALD THOMAS CUNNINGHAM

______

HON. SAM GRAVES

of missouri

in the house of representatives

Monday, March 31, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Ronald Thomas
Cunningham of Blue Springs, Missouri. Ronald is a very special young
man who has exemplified the finest qualities of citizenship and
leadership by taking an active part in the Boy Scouts of America, Troop
1763, and earning the most prestigious award of Eagle Scout.
Ronald has been very active with his troop, participating in many
Scout activities. Over the many years Ronald has been involved with
Scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Ronald
Thomas

[[Page 4565]]

Cunningham for his accomplishments with the Boy Scouts of America and
for his efforts put forth in achieving the highest distinction of Eagle
Scout.

____________________

ASSESSING THE 2008 OUTLOOK FOR THE CARIBBEAN

______

HON. CHARLES B. RANGEL

of new york

in the house of representatives

Monday, March 31, 2008

Mr. RANGEL. Madam Speaker, I rise today to acknowledge the challenges
the Caribbean faces in this coming year by introducing the editorial,
``Looking to 2008 for Improved Economic and Social Conditions,''
published in the New York CARIB News on January 8. The article posits
that the area will have to rely on the economic gains of the last few
years, as it faces rising inflation and an economy that will prove to
be less robust. It hails the Caribbean Single Market and Economy as
vital and argues that efforts to strengthen it should help the region
stave off the grim economic picture. It notes that the impact of rising
crime, particularly homicides, merits acknowledgement and solutions,
perhaps by tackling those social conditions--a pervasive drug trade,
the flurry of guns, and poverty--that are fueling that rise.
As steadfast allies of the Caribbean, we friends of the Caribbean in
this House should stay abreast of all developments out of the region,
with a ready hand, an open heart, and an attentive ear.

Looking to 2008 for Improved Economic and Social Conditions, Caribbean
Region Expects To Consolidate Gains of Recent Years

The World Bank has warned of a slowdown in economic growth
in the Caribbean while the United Nations considers it the
Year of the Potato at a time when food prices throughout the
region, indeed, the world have gone through the roof.
By the middle of the first month of the year, Barbadians
would have selected a political party to run the country for
the next five years while Grenada's electorate would have a
chance sometime soon to decide who should govern the Spice
Isle.
What else can we expect in the year 2008?
Except for energy rich Trinidad and Tobago, the economic
picture of the region isn't expected to robust. Whether in
Jamaica, the Bahamas, Grenada, St. Kitts-Nevis, Barbados, St.
Lucia, Haiti, or the Dominican Republic the forecast calls
for expansion that would hardly cause elation, less than four
per cent. With energy and food prices seemingly spiraling
often out of control, inching towards record highs, the
various countries may have to consolidate economic gains of
prior years, instead of reaching for the stars.
The next 12 months should see rising inflation as consumers
throughout the English, French, Spanish and Dutch-speaking
nations and territories are forced to dig deeper into their
pockets for meat, cereals, rice and other essential items as
global demand outstrips supply. As importing countries,
Caribbean states, like the rest of the developing world are
feeling and will continue to feel the full brunt of the
impact of rising prices as they have to spend more, much more
to buy the same amount of essential supplies they paid for in
2006.
The problem isn't difficult to spot.
While food accounts for only about one-tenth of the
consumer price index in the United States, Canada and Europe
and prices are expected to rise at about five per cent in
2008, the poor nations, the Caribbean among them, food
accounts for almost 50 per cent or more of the consumer price
index. In Nigeria and Bangladesh it's about two-thirds.
That's why the big battle governments and central bankers in
the Caribbean are expected to fight in 2008 as prices
continue to rise is going to be limiting wage increases, thus
creating continuing inflation. Don't be caught off guard,
then, if central banks tighten the money supply.
But food and energy prices aren't the only economic worries
in the Caribbean.
Coming on the heels of signing the controversial economic
partnership agreement with the European Union, Caricom states
and the Dominican Republic are entering a new relationship
with Europe, one which is putting the final nails in the
coffin of preferential trade. First it was the special
arrangement for bananas produced in the Caribbean, Africa and
the Pacific. Then it was sugar's special price being phased
out. Now, they must perform in a different trade and
investment climate that would force the nations to open up
their markets to more European goods. Admittedly, they will
have a grace period in which to do so, depending on the
commodity and the product.
And that's happening at a time when Caricom is moving ahead
with its efforts to strengthen the Caribbean Single Market
and Economy, CSME. Having officially launched the Single
Market, the ``economy'' portion of the integration effort may
prove to be the biggest challenge as countries seek ways to
finance their continued development through taxes and other
measures on intra-regional trade. That's where plans for the
Caribbean Development Fund come in this year. With an
anticipated pot of more than $200 million that would be
earmarked to finance economic and social expansion in the
less developed states, the members of the Organization of
Eastern Caribbean States in particular see the Fund as a
carrot that would encourage them to commit fully to the CSME.
Make no mistake about it. The CSME is vital to the region's
future. Without it, the small states would virtually be
ignored as players in global trade negotiations. They would
be treated as Lilliputians which would have to take the
crumbs that the large and medium size economies allow to fall
from their tables. That's why this year is going to be
crucial for Caricom as it seeks to take the CSME to a higher
level.
That's not all.
Mushrooming crime rates, especially homicides, are a cause
for alarm, not simply in Jamaica which has one of the world's
highest murder rates per head of population, but in Trinidad
and Tobago and the Bahamas where hundreds of people lost
their lives at the hands of murderers in 2007. Barbados too
is beginning to worry and 2008 may prove to be decisive,
meaning if it can't keep a lid on lawlessness and killings.
Just the other day, a highly respected retired senior civil
servant, Kenrick Hutson, was shot dead at his home while
sitting on the terrace, within earshot of his wife and
daughter.
The danger for the Caribbean is that unless the various
destinations get a grip on crime, it could spill over into
the lucrative tourism industry. The countries have become
increasingly dependent on visitors coming to the region in
search of tranquility and if they are made to feel unsafe,
they simply would find a safe haven elsewhere for their
vacations. Just as important, or even more so, is the impact
of crime on the local populations. Far too many nationals of
Caribbean states are becoming victims of crime perpetrated by
their neighbors or those who live not too far away. Security
forces, such as the police, need better training, more
sophisticated equipment and eager cooperation from the
public.
Fueled by a combination of the drug trade, a flood of guns,
poverty and criminal deportees from the U.S., Britain, Canada
and other countries, crime can and does adversely affect the
quality of people's lives, heighten fear and force
governments to divert resources from much needed social
services into law enforcement. So, instead of spending on
education, health care and programs for the youth and the
elderly, governments would find that in 2008 they have to
hire more police officers, prosecutors and prison staff.
If there is a consolation in this unsettling picture, it is
that the Caribbean is not among the worst regions of the
world. The Middle East and various parts of Asia are starting
the New Year with crises that make many of us shudder,
wondering what the world is coming to after the awful events
of 9/11.
Apart from the atrocious conditions in Iraq, Lebanon, Sri
Lanka, Darfur, the border between Eritrea and Ethiopia and
Zimbabwe, Pakistan ended the old year and welcomed 2008 with
blood on its hands. This nuclear nation bade farewell to 2007
in a tragic fashion, the assassination of Benazir Bhutto, a
former Prime Minister, an appalling act that triggered
rioting that led to the deaths of at least 50 people.
Bhutto, a member of one of Pakistan's wealthiest and most
powerful families, recently returned to her birthplace after
spending eight years in exile in London and the United Arab
Emirates to avoid prosecution on corruption charges. She was
immediately greeted with a horrendous suicide attack on her
entourage that killed more than 150 people.
The former Prime Minister went back home after reaching an
agreement with Pakistani President Pervez Musharraf, who
until recently was also head of the Army. It allowed her to
participate in the upcoming parliamentary elections and
hopefully share power with the newly re-elected President. It
was a dangerous mission from the start. She was seen by anti-
American extremists as a tool of the United States, and
therefore an enemy of Muslim radicals. In addition, President
Musharraf, who had previously toppled the government of Nawaz
Shariff in order to take control of the country, has shown
himself to be a person whose word isn't worth the paper it is
written on. He went back on most of the promises he made to
Bhutto, thus setting the stage for the mistrust and the
instability which culminated in her death at the hands of a
young man who blew himself up after firing shots at her. She
was destined to play a powerful role in her country once
again but that was not to be.
An international independent investigation into her killing
must be undertaken to bring the perpetrators of her
assassination to the bar of justice. Without such an inquiry
the Musharraf administration would remain under suspicion as
a brutal and murderous co-conspirator.
Bhutto's sad end in Pakistan is a sharp reminder to all of
us how dangerous some

[[Page 4566]]

places in the world have become and it tells a story of the
Caribbean's good fortune in being a politically stable region
where governments are far more interested in upgrading
people's daily lives than possessing the bomb and remaining
in office at all cost.
Our hearts go out to those Ms. Bhutto has left behind,
especially her children.
We didn't believe she was the answer for what ails
Pakistan. During her years at the helm, Pakistan was a
politically divided country where well connected politicians
and families lived off the fat of the land, like feudal
overlords while more than 40 million people lived in abject
poverty.
Another thing. U.S. policy in the Indian sub-continent is
now in shambles. The Bush administration unwisely encouraged
Bhutto to go back to Pakistan, knowing that her family's
enemies in and out of the army and the radical community
wouldn't rest until they had done her harm. Unfortunately,
they succeeded.
The Bush White House embraced Musharraf, whose dictatorial
tendencies are well known. His lack of respect for the
independence of the judiciary and the press should have made
him a pariah in Washington's eyes. But the Republicans looked
the other way because of its ``war on terrorism.''
Washington's contradictory policies are evident in its warm
relations with Musharraf and its disdain for Venezuela's
leader Hugo Chavez. Although the Latin American President was
voted into office by wide margins in free and fair elections,
the U.S. labeled him a dictator and joined forces with his
enemies to try to discredit him.
Perhaps, 2008, President Bush's final year in office may
bring some meaningful and positive changes in his foreign and
economic policy.
An important change would be its stance on the issue of
Antigua, Internet gambling and the World Trade Organization.
The WTO's recent decision to give Antigua the greenlight to
secure compensation following the U.S. high-handed attack on
a legitimate business that once employed thousands of
Antiguans was probably not what the government in St. John's
wanted. But it is a step in the right direction.
The Baldwin Spencer government should be applauded for its
tenacity and its ability to remind Washington that the law of
the jungle, might is right, can backfire. The U.S. acted to
outlaw Internet gaming in Antigua and other countries while
allowing gambling at home, in the form of lotteries, off-
track betting on horse races and in casinos in Las Vegas,
Atlantic City and other parts of the U.S.
We trust that the U.S. abide by the WTO ruling and make
2008 the year when it ended its unworthy battles against a
tiny neighbor which wants nothing more than to boost its
economy and improve living the conditions of its people.
This year should also see New York playing the role of host
to Caribbean Presidents and Prime Ministers who are due in
the City in June to meet with business and political leaders
and the large Caribbean immigrant community.
U.S. Congressman Charles Rangel, Chairman of the powerful
Ways and Means Committee of the House of Representatives, who
is perhaps the region's best friend on Capitol Hill is
expected to do his part in making the meetings a success.
They are to be a follow-up to last year's Caribbean
conference in Washington which culminated with sessions with
Mr. Rangel and other members of his Committee, the Black
Caucus and President George Bush.
Clearly, then, 2008 promises to be a year of action.

____________________

HONORING WILLIAM H. EASTBURN III

______

HON. PATRICK J. MURPHY

of pennsylvania

in the house of representatives

Monday, March 31, 2008

Mr. PATRICK J. MURPHY of Pennsylvania. Madam Speaker, I rise today to
honor the life of William H. Eastburn III. Mr. Eastburn passed away on
March 7, 2008, following a long and courageous battle with cancer. Mr.
Eastburn lived an honorable and noteworthy life, dedicating himself to
helping those in his community.
Mr. Eastburn began his career of service to others as a prosecutor at
the Bucks County District Attorney's office and then later at the state
Attorney General's office. After his work as a prosecutor, Mr. Eastburn
became a fourth generation member of the law firm of Eastburn and Gray,
Bucks County's largest law firm.
In addition to his distinguished legal career, Mr. Eastburn will be
long remembered for his philanthropic work within Bucks County. Mr.
Eastburn founded and served as chairman of the board for the Voice of
Reason, an organization dedicated to ending gun violence. He served for
several years as the chairman of both the Bucks County Commission on
Violence Prevention Task Force and the Bucks County Implementation
Commission on Violence Prevention. Mr. Eastburn also dedicated his time
to the Heritage Conservancy, Western Health Foundations, First Service
Bank, and the Free Clinic of Doylestown Hospital.
Madam Speaker, Mr. Eastburn spent his life working to improve, not
just Bucks County but the larger American community as well. He
established and participated in various organizations that benefited
people all across the United States. Along with his wife Connie, Mr.
Eastburn helped found the Americans for Native Americans, which raised
money and gathered supplies for Native Americans living in the
Southwest United States. Mr. Eastburn helped organize and lead the
Bucks-Mont Bay Waveland Katrina Relief Project which raised over $2
million for the hurricane ravaged area of Hancock County, Mississippi.
As his outstanding work and achievements show, William Eastburn III
dedicated his life to helping those in his community and beyond.
Through his lifelong efforts, Mr. Eastburn has transformed Bucks County
and America for the better. Madam Speaker, I am proud to honor Mr.
Eastburn for his lifetime of extraordinary accomplishments.

____________________

TRIBUTE TO PAUL FACCHINA SR.

______

HON. STENY H. HOYER

of maryland

in the house of representatives

Monday, March 31, 2008

Mr. HOYER. Madam Speaker, today I want to commend Paul Facchina, Sr.,
for his outstanding contributions to the natural heritage of the State
of Maryland. Mr. Facchina has made his name as one of Maryland's
leading businessmen--but I suspect that he will be remembered just as
much for his wonderful generosity. He has left our State a gift whose
value cannot be measured in dollars: the gift of open, unspoiled land.
Most recently, Mr. Facchina made headlines with his donation of 179
acres in St. Mary's County to the Maryland Environmental Trust. No
doubt, he could have sold development rights on that land for a
significant profit. But by placing it under a conservation easement, he
ensured that it will remain pristine and largely undeveloped. Wetlands
and woods will stand in place of housing tracts. And our State's
environmental health will benefit: By including vital waterfront land
in his grant, Mr. Facchina contributed to our efforts to clean up and
preserve the endangered Chesapeake Bay.
At the same time, the grant strengthens one of southern Maryland's
most valuable economic resources, the Patuxent River Naval Air Station.
By protecting the buffer surrounding the Navy base, Mr. Facchina's
donation helps ensure that the Naval Air Station will remain open and
viable, creating jobs in St. Mary's County and driving the local
economy. In cases like this one, conservation often proves to be good
business.
So I thank Paul Facchina, not only for his most recent gift, but for
a long and proud legacy of giving that includes an historic plantation,
headwater streams of the St. Mary's River, and the forest habitats of
Maryland birds. In all, his family has entrusted more than 2,100 acres
to the environmental care of our State. When Maryland residents enjoy
that open land, and all of its benefits, I hope they will remember whom
to thank.
I also want to take this opportunity to recognize the excellent work
of the Maryland Environmental Trust, which will take care of that land
as part of its more than 112,000 acres. Since 1967, the Trust has
worked to help keep our State beautiful, and to help landowners
preserve their piece of it. For more than four decades, landowners have
relied on the Trust to watch over the legacies they leave, and I'm sure
that they will be able to do so for decades to come.

____________________

ON RISING VIOLENT CRIME IN THE CARIBEEAN AND WHAT SHOULD BE DONE ABOUT
IT

______

HON. CHARLES B. RANGEL

of new york

in the house of representatives

Monday, March 31, 2008

Mr. RANGEL. Madam Speaker, I rise today to call attention to the
pressing matter of increasing violent crime in the Caribbean and to
introduce a New York CARIB News editorial that eloquently elucidates
the problems and speaks to possible solutions. A conflux of drugs,
guns, disaffected youth, and poverty has gripped the area's island
nations, particularly Jamaica, with a world-leading 59 homicides for
every 100,000 people. This is an issue neither solely endemic, nor of
sole concern, to the Caribbean. The international community, rather,
must accept its contribution to

[[Page 4567]]

the problem, in the way of an aggressive international drug trade and
the rampant sale of small arms. The Caribbean itself must do its part
to draw its youth away from criminality and hopelessness, and invest in
their educations and financial security.

Guns, Drugs and Murder a Lethal Combination in Caribbean--Where Is the
International Community and Gun Makers?

``The Caribbean Sun, sea and murder.''
That unsettling headline atop an equally disturbing story
about violence in the Caribbean was summarized in a shocking
fashion by The Economist, one of the English language's
leading weekly news publications.
``Indeed,'' it stated, ``the Caribbean better known for its
blue skies, cricket and rum punch, is the world leader in
violent crime.''
While that may be something of an over-statement, the fact
of the matter is that the picture is deeply troubling and
needs urgent attention, not simply by Caribbean governments
but the international community.
Some numbing figures tell much of the story about homicides
in a part of the world where people and their government are
wedded to law and order, tranquility and democracy. With 59
homicides for every 100,000 persons in the country, Jamaica
heads the list as ``the world's most murderous country,''
according to the magazine. Some distance away were St.
Vincent & the Grenadines 36; Belize 33; St. Kitts-Nevis 32;
Trinidad and Tobago 30; the Bahamas 25; and Antigua & Barbuda
23 for every 100,000 persons.
It's not difficult to figure out why this tragic situation
has evolved in a part of the world that's known as a bit of
paradise on earth. Drugs, guns and disaffected youth sum up
the story. Add poverty to the mix and the situation comes
into proper perspective.
The Caribbean has been the soft underbelly of the
international drug trade for decades. Illegal narcotics,
especially cocaine and some heroin are ferried through the
region from South America by Colombia, Bolivia and Venezuela
and destined for North America and Europe.
In addition, some Caribbean states, including Jamaica and
St. Vincent & the Grenadines are considered by law
enforcement authorities in the United States and Canada as
significant marijuana growers.
Because guns and ammunition are companions in the nefarious
drug trade, it shouldn't come as a surprise to learn there is
a flood of small arms in the region. Almost every country has
reported a rising incidence of the use of guns in criminal
activity. Law enforcement authorities are reporting more and
more cases of drug-related offences in which guns are a
factor. Next are the armed robberies; kidnappings, shootings,
and as the story indicated homicides.
The countries seem unable to stem the drug tide and the
importation of guns. With wide open waterways and beaches,
most of them find it virtually impossible to put a dent in
violent crime. Perhaps the most dramatic and frightening
incident in recent years was the massacre in Lusignan, the
East Coast Demerara village of East Indians late last month.
Eleven men, women and children were slaughtered in their
homes by criminals. The killing of a soldier by a merciless
gang brought the death toll to an appalling dozen persons.
What then can be and must be done?
Caribbean governments are already diverting scarce
resources from education, health, roads, bridges, services to
the elderly and the youth in order to boost law enforcement.
They recognize two things: (1) their nationals and businesses
must be able to feel safe on the streets, stores, offices,
factories and homes, and (2) the vital tourism industry can
be undermined if visitors stop going to the beautiful
destinations because of a fear of crime.
Interestingly, crime and violence aren't always seen by the
populace as pressing issues. They barely registered on the
political radar screens during recently general election
campaigns in the Bahamas, Jamaica and Barbados. But in
Trinidad and Tobago where kidnappings and killings drive fear
into people's hearts, there are growing calls for the use of
capital punishment as something of a deterrent.
Already, the prisons in almost every nation are overcrowded
and except for the acquisition of sophisticated equipment,
more powerful guns and better training of cops, there is
nothing that the countries have not already tried.
Crime has featured prominent at the summits of the region's
heads of government and the subject is expected to be raised
again.
But the international community must also do its part.
Until the United States and Europe in particular address the
issue of the demand for illegal narcotics, the Caribbean
would remain highly vulnerable. Washington must also re-
evaluate its stance at the United Nations and elsewhere on
the sale of small arms. The Caribbean isn't a producer or
exporter of guns, yet deadly weapons are in the hands of
people everywhere. At a time when the U.S. is said to be
fighting terrorists at home, most of the guns being used to
kill people next door in its neighbors have a made in U.S.
label on them.
The world's rich countries can ill-afford to turn a blind
eye to the peril caused by the twin evils of guns and drugs.
Of course, the Caribbean must deal with the problem of
disaffected poor youths, most of them males, who have
seemingly lost their way and have little desire for an
education that would enable them to become productive
citizens. That's a dangerous trend because in the years
ahead, the islands and coastal states would have hundreds of
thousands of people who are unprepared for the challenges of
life in a highly sophisticated world. That would heighten
frustration and can lead to more crime.
Bringing back hanging isn't going to solve anything. The
death penalty has never been an effective deterrent to curb
crime.
The international community must consider rising crime in
developing countries as a global issue that requires
financial and other resources. The poorer states too must
join hands to tackle the problem.
Jamaica, Trinidad and Tobago and Barbados are acting wisely
in strengthening their coast guard and other security forces
to ``choke the influx of drugs, and guns,'' recognizing that
success in a few countries would simply mean the narcotics
merchants would find another route to ply their trade.

____________________

HONORING PAUL THOMAS MORGAN

______

HON. SAM GRAVES

of missouri

in the house of representatives

Monday, March 31, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Paul Thomas
Morgan of Lee's Summit, Missouri. Paul is a very special young man who
has exemplified the finest qualities of citizenship and leadership by
taking an active part in the Boy Scouts of America, Troop 1221, and
earning the most prestigious award of Eagle Scout.
Paul has been very active with his troop, participating in many Scout
activities. Over the many years Paul has been involved with Scouting,
he has not only earned numerous merit badges, but also the respect of
his family, peers, and community.
Madam Speaker, I proudly ask you to join me in commending Paul Thomas
Morgan for his accomplishments with the Boy Scouts of America and for
his efforts put forth in achieving the highest distinction of Eagle
Scout.

____________________

IN RECOGNITION OF THE HUMAN RIGHTS CAMPAIGN

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Monday, March 31, 2008

Mr. KUCINICH. Madam Speaker, I rise today in recognition of the Human
Rights Campaign, defender of civil rights for gay, lesbian, bisexual
and transgender people, and force for fundamental fairness and equality
for all.
It is with great honor that I recognize this important organization
tonight during its fifteenth annual Human Rights Campaign Gala Dinner
and Dance. Founded in 1980, Human Rights Campaign initial goal was to
support candidates running for Congress who they recognized as
unequivocal supporters of civil rights and fairness of all people.
Twenty years on, this organization has grown into a national leader in
the pro-equality movement. Today, HRC represents over seven hundred
thousand members and supporters as the largest national gay, lesbian,
bisexual and transgender civil rights organization. HRC works in
Congress and the private sector to gain necessary protections for GLBT
workers as well as to successfully raise this Nation's awareness of the
need for protecting everyone's civil rights, regardless of gender and
sexual orientation. The Human Rights Campaign has shown its ability to
unite diverse communities to strive, lobby and fight for equality for
all people.
Madam Speaker and colleagues, please join me in recognizing the Human
Rights Campaign, a leader in promoting the rights of all people and as
an important force in empowering and inspiring people and communities
nation wide.

____________________

HONORING JERRY HERRIN RETIREMENT

______

HON. KENNY MARCHANT

of texas

in the house of representatives

Monday, March 31, 2008

Mr. MARCHANT. Madam Speaker, I rise today to honor Jerry Herrin on
the occasion of his retirement as President and Chief Executive Officer
of the Grapevine Chamber of Commerce.
Jerry Herrin was born in Arp, Texas in 1939. Mr. Herrin graduated
from Arp High School

[[Page 4568]]

and attended the University of Texas in Austin. Mr. Herrin is married
to Nancy. He has three children: Lisa, Mike, and Brad. He is the proud
grandfather of five grandchildren: Jesse, Ashley, Keller, Michael, and
Andee.
Jerry Herrin began his distinguished career working on the staff of
the Austin Chamber of Commerce from 1963 to 1967. Mr. Herrin took his
first job as a Chamber CEO in 1968 at the New Braunfels Chamber of
Commerce. Over the years, he has served as president and CEO of
numerous Chambers including Conroe, Garland, and Temple.
Jerry Herrin has served as president and CEO of Grapevine Chamber of
Commerce since 1985. Mr. Herrin has dedicated himself to the betterment
of the Grapevine community promoting area businesses, and supporting
growth of new establishments, for over twenty-three years. Under his
tenure, Mr. Herrin has secured dedicated members, many who serve on its
committees and board of directors.
Jerry Herrin has provided tremendous support for his community and
his outstanding leadership is worthy of recognition. I wish Mr. Herrin
a happy, healthy retirement, and a well deserved change of pace. It is
an honor to represent him in the 24th District of Texas.

____________________

HONORING THE CONTRIBUTIONS OF ELIZABETH STINSON

______

HON. LYNN C. WOOLSEY

of california

in the house of representatives

Monday, March 31, 2008

Ms. WOOLSEY. Madam Speaker, I rise with great pleasure to honor a
visionary, diplomat, activist, and advocate for peace on the occasion
of her receipt of the 2008 Jack Green Civil Liberties Award by the
American Civil Liberties Union of Sonoma County. Elizabeth Stinson's
work with the Peace and Justice Center of Sonoma County and her
lifetime dedication to human rights have left an enduring legacy.
In 2001, after several years work with the United Nations, where she
still retains a position with the UN's International Indigenous Forum,
Elizabeth became director of the Peace and Justice Center, helping
those Sonoma County residents who are victims of our Nation's most
challenging conflicts.
In Santa Rosa, for example, Elizabeth has mediated inter-gang
disputes while leading campaigns to end escalating local violence. In
2002, recognizing the need to provide youth with nonviolent choices,
she founded the High School Outreach Peace Education, or HOPE, project
to educate them about their rights as students, their rights regarding
the military, and service learning and internship opportunities.
In addition, through Elizabeth's coordination with courts in three
counties, the Peace and Justice Center was established as an authorized
diversion program provider for convicted and at-risk teens and young
adults.
Under her direction, the Peace and Justice Center has also gained
national attention for supporting troops who need a military separation
for reasons such as untreated combat-related trauma, repeated
deployments, recruiter misrepresentations, and other compelling mental
and physical issues. Since the beginning of the occupation of Iraq 5
years ago, Elizabeth and her team of volunteers at the center have
successfully negotiated 850 administrative discharges.
Elizabeth's work continues to have national effect as she provides
counseling support to troops testifying at the Winter Soldier hearings
in DC. At an upcoming GI national retreat, she will conduct training on
post-traumatic stress for hotline counselors.
Aside from her lifelong international work for human rights,
Elizabeth is mother to three adult children and Sanctuary Mom to five,
whose father was executed by death squads after helping to found El
Salvador's Human Rights Commission.
Madam Speaker, Elizabeth's commitment to the rights of the vulnerable
has rightly earned her the 2008 Jack Green Civil Liberties Award. I am
honored to have Elizabeth Stinson as my constituent. I commend her for
her work and for the well-deserved award being bestowed on her by the
ACLU of Sonoma County.

____________________

IN RECOGNITION OF MR. GORDON HOWE

______

HON. JOE KNOLLENBERG

of michigan

in the house of representatives

Monday, March 31, 2008

Mr. KNOLLENBERG. Madam Speaker, I rise today to recognize a living
legend in Detroit ice hockey, Mr. Gordon ``Gordie'' Howe, as he
celebrates his 80th birthday today.
Mr. Hockey, as Howe is universally recognized for his greatness on
the ice, sprang from humble beginnings. Born in Floral, Saskatchewan,
Canada, in the midst of the Great Depression, Howe, who was the fifth
of nine children, grew up in poverty and was often sick due to poor
nutrition. A significant milestone in Howe's life came at the tender
age of 5, when his mother purchased some used belongings from a
neighbor, which included his first pair of skates.
Howe immersed himself in hockey, day in and day out, using anything
he could find, be it a puck, a tennis ball, or even clumps of dirt.
While he didn't make the local youth hockey team, Howe didn't let this
discourage him, and worked hard to develop into an excellent skater.
During summers, Howe would work with his father at construction sites
where the work helped him develop the exceptional strength that would
give him one of the hardest shots in hockey. By the time he was 15,
Howe was already an imposing 6 feet tall and 200 pounds.
In 1943, Howe was invited by the New York Rangers for a tryout. Howe
failed to make the team, but despite this rejection, he was invited to
try out for the Detroit Red Wings, where he impressed the coach and
general manager Jack Adams. In 1946, at the age of 18, Howe made his
National Hockey League debut playing right wing for the Detroit Red
Wings. He quickly established himself as a great goal scorer, a gifted
playmaker, and a dominating physical presence on the ice. Using his
strength and talent, Howe was able to dominate the opposition
throughout a career that spanned 5 decades, a feat unmatched by any
athlete in any sport.
By the time Howe retired from the Red Wings in 1971, he had led them
to four Stanley Cup championships, seven first place finishes, and
established the team as a perennial powerhouse. In addition, Howe was a
six-time NHL Most Valuable Player and winner of the scoring title, and
was the career leader in games played, goals, assists, and points. In
1973, when his sons Marty and Mark joined the Houston Aeros of the
World Hockey Association, they convinced Gordie to fulfill his dream of
playing on the professional level with them. After the WHA folded in
1979, Howe joined the Hartford Whalers of the NHL for one final season,
helping the team make the playoffs. In 1997, Howe accomplished the last
milestone in his storied career when he played professional hockey in a
sixth decade. Playing a shift with the Detroit Vipers of the
International Hockey League at nearly 70 years old, Howe was greeted by
a thundering ovation.
Along with his many achievements on the ice, Howe and his wife
Colleen are dedicated to the children of their community and around the
world. The Howe Foundation, which they founded in 1993, is dedicated to
enriching the lives of those in need.
Madam Speaker, I rise today to recognize a fine neighbor, a true
Michigan fixture, and the man who made Detroit ``Hockeytown,'' the
greatest sports city in the world. I wish him a happy and healthy
birthday, and wish him many more to come.

____________________

IN HONOR OF THE RETIREMENT OF COMMANDER GEORGE SHERWOOD

______

HON. MICHELE BACHMANN

of minnesota

in the house of representatives

Monday, March 31, 2008

Mrs. BACHMANN. Madam Speaker, I rise today to pay tribute to one of
the many unsung heroes of our Nation's history, CDR George Sherwood,
who will soon retire from an honorable career with the United States
Navy.
Commander Sherwood was designated a Naval Aviator in 1985, following
graduation from the University of Kansas and completion of flight
training in Pensacola, FL, and Corpus Christi, TX. He served in a
number of naval air deployments over the next 12 years in California,
Texas, Japan, Puerto Rico, Panama, Iceland, and Sicily. He served in a
variety of leadership positions, including Plane Commander, Mission
Commander, Instructor Pilot, Tactics Officer, Training Officer, and
Maintenance Officer.
In 1998, Commander Sherwood reported to the Bureau of Naval Personnel
in Arlington, VA. He continued his personnel role as Officer-in-Charge
in Dallas, TX. And, Commander Sherwood has spent the final stage of his
career as the Naval Attache with the U.S. Embassy in Baku, Azerbaijan.
He has received two Meritorious Service Medals, an Air Medal, three
Navy Commendation Medals, four Navy

[[Page 4569]]

Achievement Medals, and multiple campaign and unit awards.
Commander Sherwood is one of many men and women who have spent their
lives in service to their Nation. They do so for love of country and
out of a true sense of commitment to the principles of freedom for
which America stands. They do so without fanfare and without
expectation of gratitude. But, our limitless gratitude is, indeed, what
they deserve.
CDR George Sherwood is not only one of those fine men and women in
uniform, but also my brother. My family and I are immensely proud of
him. And, we thank him for his tireless dedication to our Nation.

____________________

IN RECOGNITION OF THE JEWISH FUND

______

HON. JOE KNOLLENBERG

of michigan

in the house of representatives

Monday, March 31, 2008

Mr. KNOLLENBERG. Madam Speaker, I rise today to recognize the Jewish
Fund, a charitable organization in Bloomfield Hills, Michigan.
Sinai Hospital began as a clinic opened by Dr. Harry Saltzstein in
1922. In January, 1953, Sinai Hospital opened their doors to give
Jewish health care professionals a place to practice and as a central
institution for the Jewish community. It was the realization of a dream
for Detroit's Jewish community. From there the hospital grew into one
of Detroit's top health care institutions.
In 1997, when the Detroit Medical Center purchased Sinai Hospital, it
was not the end of that dream, but rather a transformation into another
institution of excellence. Established with the proceeds from the sale,
the Jewish Fund is an organization designed to perpetuate the Sinai
dream through stewardship and innovation. The Fund continues the
tradition of assuring excellent and compassionate care for those in
need.
The Fund, recognizing the diverse population in Detroit, serves as a
resource for the entire community, whether supporting the public health
needs or fostering stronger relations with the city. Their role today
is vital to many health care initiatives. They have provided over $35
million in grants for health care over the last 10 years, including
$600,000 in grants for the Jewish Hospice and Chaplaincy Network this
year alone.
Madam Speaker, I am proud to recognize the achievements and service
of the Jewish Fund. Their contributions to Detroit and the metropolitan
area are too great to enumerate, and I wish them many years of
continued success.

____________________

IN HONOR OF THE NEWLY ELECTED PRESIDENT OF TAIWAN, DR. MA YING-JEOU

______

HON. KENNY MARCHANT

of texas

in the house of representatives

Monday, March 31, 2008

Mr. MARCHANT. Madam Speaker, I join my congressional colleagues in
congratulating Dr. Ma Ying-jeou on his victory in Taiwan's recent
Presidential election. The election was conducted with fairness and is
free of any controversy.
I wish Dr. Ma every success as he leads Taiwan forward in a period
filled with many challenges but also filled with many opportunities for
Taiwan to prosper and achieve even greater success. I look forward to
continuing to grow our relationship with Taiwan under the leadership of
the newly elected President Ma.
The people of Taiwan have every reason to be proud of what they have
achieved. In only 12 years Taiwan has made a peaceful and successful
transition to democracy and has become one of Asia's most impressive
and inspiring new democracies. In those 12 years Taiwan has completed
four Presidential elections with close and spirited campaigns.
As an American legislator, I look on the achievements of the people
of Taiwan with admiration. The Taiwanese record is a model to the many
other countries of the world of what can be accomplished by a
transition to a freely elected democratic government. My sincere
congratulations to Dr. Ma on his election and to the people of Taiwan
for their participation in the election process.

____________________

IN MEMORY OF JUDGE FRED ZIEMAN

______

HON. MIKE ROSS

of arkansas

in the house of representatives

Monday, March 31, 2008

Mr. ROSS. Madam Speaker, I rise today to honor the memory of my dear
friend, Chicot County Judge Fred Zieman of Lake Village, Arkansas, who
passed away March 18, 2008, at the age of 69.
I will forever remember Judge Zieman as a devoted family man and
someone who cared deeply about improving the quality of life in
southeast Arkansas. This dedication to make his community and Chicot
County a better place to live was evident throughout his tenure as
Chicot County Judge.
As a native son of Arkansas's Delta region, farming was in Judge
Zieman's blood. He began his career as an agriculture pilot in Lake
Village before becoming a commercial airline pilot in Texas. Upon
retirement in 1980, he returned home to Lake Village and pursued his
true passion in agriculture.
Judge Zieman was later successfully elected to serve three terms as
Chicot County Judge when he decided to try retirement for a second
time. However, his devotion to southeast Arkansas quickly led him back
to public service, and 4 years later later he was again elected to
serve as County Judge--a position he honorably held until his passing.
Aside from his stalwart leadership and devotion to Chicot County,
Judge Zieman actively contributed his time and hard work to numerous
other endeavors to benefit the Delta region. The Delta was immensely
important to Judge Zieman, and this was apparent in his service as a
state vice-president of the Mississippi Valley Flood Control
Association, as a member of the Delta Grassroots Caucus, and in the
Southeast Arkansas Economic Development District Inc., where he
contributed fresh ideas and developed new initiatives to make our
beloved State a better place to live.
Judge Fred Zieman will forever be remembered for his steadfast
devotion to the people of southeast Arkansas. Above all, he will sorely
be missed as a friend. I extend my deepest condolences to his wife,
Patricia Zieman; his two sons, Mike Zieman of Monticello, Arkansas, and
Sam Zieman of Spring, Texas; his daughter, Charlotte Yandell of Spring,
Texas; his sister, Jan Hellmers of Lake Village, Arkansas; and to his
seven grandchildren and countless friends. Fred Zieman will be greatly
missed in Lake Village, Chicot County, and throughout southeast
Arkansas, and I am truly saddened by this loss.

____________________

IN RECOGNITION OF MRS. KATHY JO McMILLION REINSMITH

______

HON. BILL SHUSTER

of pennsylvania

in the house of representatives

Monday, March 31, 2008

Mr. SHUSTER. Madam Speaker, I rise today to recognize the
accomplishments and dedication of the current President of the
Department of Pennsylvania's Ladies Auxiliary to the Veterans of
Foreign Wars, Mrs. Kathy Jo McMillion Reinsmith. Mrs. Reinsmith will be
recognized for her service at the Veterans of Foreign Wars' Testimonial
Dinner on April 12.
Over the past decade Kathy Reinsmith has worked consistently to
increase the value of the community in which she has lived. Not only
has Mrs. Reinsmith served four terms as President, four terms as Sr.
Vice President, and one term as Jr. Vice President of her Auxiliary,
she is now serving her second year as Trustee. As President of the
Department of Pennsylvania's Ladies Auxiliary to the Veterans of
Foreign Wars, Mrs. Reinsmith has made it her mission to travel
throughout the State of Pennsylvania and the United States, inspecting
auxiliaries and attending a variety of functions in order to reach out
to those around her. She has dedicated her time and energy not only to
helping veterans in need, but also to students at Chambersburg High
School where she has constantly served as a teacher. Currently, Mrs.
Reinsmith serves as a Life Member for both the Durff-Kuhn VFW Ladies
Auxiliary and the Scotland School for Veterans Children and the VFW
National Home for Children. Her commitment to her community has been
exhibited through her involvement with several organizations, many of
which she has chaired, including the Voice of Democracy, Buddy Poppy
Jr. Girls, and the Patriots Pen Program.
Through these prominent positions Mrs. Reinsmith has volunteered much
of her time

[[Page 4570]]

to fundraising for the local community. One of her most memorable
accomplishments is her dedication to the Food Stand at the Shippensburg
Community Fair. She spent a multitude of hours working with those in
the community to make the Fair a positive experience for all. Mrs.
Reinsmith's passion and hard work have not gone unnoticed. During her
first term as District 18 President in 1999, she received the
Outstanding District President Medallion. While serving her second term
as President of District 18, she received the Nation ``Remembrance''
Plate for the Legislative Program as well as the Outstanding Department
Chairman Medallion. Mrs. Reinsmith was also recognized for her service
to the community and was given the National ``Everyone Achieves Magic''
Plate.
As she reflects upon her work as President of the Ladies Auxiliary,
Mrs. Reinsmith can be proud of her life of service with which she has
found a great amount of success. I look forward to celebrating the
contributions and accomplishments of such a dedicated individual. Her
involvement has brought a greater appreciation to our area and has
surely been an asset to the community. I would like to wish Mrs. Kathy
Jo Reinsmith all the best in her future endeavors as she continues to
serve the Chambersburg County School District as a devoted teacher. I
am sure she will continue to do great things for the community and I
thank her for her dedication and service.

____________________

TAYLORSVILLE VFW AUXILIARY AND TAYLOR KING SUPPORT DEPLOYED TROOPS

______

HON. VIRGINIA FOXX

of north carolina

in the house of representatives

Monday, March 31, 2008

Ms. FOXX. Madam Speaker, I rise today in honor of a group of true
American patriots. This past Christmas a group of citizens in Alexander
County, North Carolina worked hard to communicate to our men and women
stationed overseas that they are in our prayers and on our minds.
A civic-minded band of women in the Veterans of Foreign Wars
Auxiliary from the rural community of Hiddenite worked together to
rally their community to send care packages to local armed forces
members stationed abroad during Christmas. The sacrifice of military
service during Christmas is often overlooked during a time when many of
our brave military men and women are stationed abroad, making this
effort all the more meaningful to the soldiers they aided.
Thanks to the selfless work of Margaret Milsap, Mary Lasky and
Jeanette Stevenson, which was spearheaded by Mary Matthews, more than
80 care packages were sent to 30 deployed soldiers during this past
Christmas. Taylor King furniture, a Taylorsville business, generously
footed the entire bill for the mailing of the 80-plus packages.
Together, the VFW auxiliary and Taylor King provided a slice of home
to 30 soldiers serving in foreign countries during Christmas. I hope
their example of citizenship and patriotism during uncertain times
serves to inspire many more Americans to show their support for our
troops who fight for freedom every day.

____________________

RECOGNITION OF GLOBAL CHILD NUTRITION MONTH

______

HON. JAMES P. McGOVERN

of massachusetts

in the house of representatives

Monday, March 31, 2008

Mr. McGOVERN. Madam Speaker, I rise today in recognition of the
School Nutrition Association, SNA, and the Global Child Nutrition
Foundation, GCNF naming April as Global Child Nutrition Month.
As part of this recognition, school nutrition professionals are
encouraged to take 1 day, 1 week, or all month to partner with students
and teachers in an effort to raise awareness about the ravages of
hunger among children around the globe and here in the United States.
Hunger is a political condition. We have the means to end hunger here
in the U.S. and around the world--we just haven't mustered the
political will to do so. This observance is an opportunity to raise
awareness about the solutions to global hunger and poverty and,
ultimately, to help build momentum in the fight to end the scourge of
hunger.
At any given moment, as many as 300 million of the world's children
are trapped in the grinding cycle of poverty and hunger. Imagine trying
to learn, grow and succeed while struggling with hunger.
For some children, hunger may be offset by healthy school meals. For
others, especially in developing nations, hunger is acute--it is
literal starvation. It is a contributor to disease and early death.
According to the United Nations, hunger and malnutrition take the lives
of 18,000 kids every single day.
Although we may not be able to resolve all sorts of natural and
political forces, we do know that nurturing and educating a child is
the single most effective means of breaking the cycle of poverty.
According to the World Food Program, 130 million children do not
attend school; and among those who do, most do not receive meals during
school hours. A hungry child cannot learn or thrive; a society whose
children live in hunger will never prosper.
The Global Child Nutrition Foundation was created in 2006 with the
mission of expanding opportunities for the world's children to receive
adequate nutrition for learning and achieving their potential.
This observance is also an opportunity to raise awareness about the
solutions to global hunger and poverty.
GCNF President and SNA Past President Gene White, a certified school
nutrition specialist, said it best--``By combining our will and
resources, hunger will no longer set boundaries for learning and
achievement. Freeing children from hunger so they may become self-
supporting, contributing citizens is a worthy endeavor. It is also a
step toward building a more stable and peaceful world.''
Madam Speaker, as someone who is committed to ending hunger once and
for all, I thank and commend the School Nutrition Association and the
Global Child Nutrition Foundation for naming April as Global Child
Nutrition Month.
It is my hope that all of us can work to be part of the solution as
we raise awareness in eradicating hunger.

____________________

WOMEN'S HISTORY STATEMENT 2008

______

HON. JOHN P. SARBANES

of maryland

in the house of representatives

Monday, March 31, 2008

Mr. SARBANES. Madam Speaker, I rise today in recognition of Women's
History Month. Though we have designated March as the particular month
for this celebration, every day could rightly be designated to honor
the contributions of women to our society. On this occasion I would
like to highlight the achievements of two women who through their work
have deeply impacted Maryland's Third District and our State as a
whole.
Just this past year Karen Rothenberg, Dean of the University of
Maryland Law School, was inducted into the Maryland Women's Hall of
Fame. The Maryland Women's Hall of Fame was established through the
efforts of the Maryland Commission for Women and the Women Legislators
of Maryland in 1985. Its purpose is to honor Maryland women who have
made unique and lasting contributions to the economic, political,
cultural and social life of the State, and to provide visible models of
achievement for tomorrow's female leaders.
This year, Dean Rothenberg is being honored by the Daily Record as
Maryland's Top 100 Women. Dean Rothenberg has demonstrated leadership
and scholarship in her role at the University of Maryland Law School,
and in her field. She graduated as part of the first class of women at
Princeton University. She has served as a member of the Institute of
Medicine's Committee on Legal and Ethical Issues Relating to the
Inclusion of Women in Clinical Studies, on numerous NIH panels on
prenatal care, the recruitment and retention of women in clinical
studies, and the ethical, legal and social implications of genetics. I
have had the privilege to work with Dean Rothenberg this year on an
effort to bring more lawyers into public service. This is an area in
which she has been recognized on numerous occasions for her efforts.
She has established loan repayment programs, grant opportunities and
scholarships for law school graduates that wish to pursue careers in
public service, and they in turn have enriched our community. She has
worked with students to provide volunteer relief in New Orleans, and
has facilitated opportunities for students to pursue public interest
studies abroad. This is only the tip of the iceberg.
In addition to having been the first woman elected to serve as Mayor
of Baltimore City, Sheila Dixon has spent more than 20 years in public
office, dedicating her career to improving the lives of women, children
and minorities. She has worked tirelessly on public health issues, and
brings a wealth of experience and insight into business development in
the city.

[[Page 4571]]

Among her numerous awards and honors, Mayor Dixon was recently
admitted to the Daily Record's Circle of Excellence for her third
selection as one of ``Maryland's Top 100 Women.'' She serves on
numerous boards, including the Institute of Human Virology, the
Transplant Resource Center, the Urban Health Initiative, the Baltimore
Public Markets Corporation, the Living Classrooms Foundation, and the
Walters Art Gallery.
This year Mayor Dixon launched the YouthWorks campaign, which brings
together businesses, community organizations, foundations and city and
State agencies in an effort to engage Baltimore youth in meaningful
summer activities. She is strongly committed to accomplishing the goal
of ensuring that any Baltimore youth who wants a summer job can have
one. This program will not only benefit youth by providing valuable
work experience, it will also provide businesses with talented and
motivated workers.
Though I have not had the privilege of working with all of the
following women, I would also like to take this opportunity to
highlight Maryland's Top 100 Women for 2008 as honored by the Daily
Record:
Judge Theresa M. Adams, Circuit Court for Frederick County; Dr. Susan
C. Aldridge, University of Maryland University College; Dr. Janet D.
Allan, University of Maryland School of Nursing; Dr. Sharon D. Allison-
Ottey, The COSHAR Foundation; Judge Nancy V. Alquist, United States
Bankruptcy Court; Rev. Dr. China M. Ashe, Hope Ministries; Judge Vicki
Ballou-Watts, Circuit Court for Baltimore County; Lisa R. Bands, My
Cleaning Service, Inc.; Judge Mary Ellen Barbera, Court of Special
Appeals of Maryland; Traci A. Barnett, Girl Scouts of Central Maryland;
Buffy Beaudoin-Schwartz, Association of Baltimore Area Grantmakers;
Cathy S. Bernard, CSB Management Corporation; Dr. Meredith Bond,
University of Maryland Baltimore School of Medicine; Annie L. Burton-
Byrd, The Signature Group, LLC; Ellen A. Callegary, Callegary &
Steedman, PA; Wanda G. Caporaletti, Law Office of Wanda G. Caporaletti;
Diane Lillibridge Caslow, MedStar Health; Marie A. Cavallaro, Cavallaro
Cleary Visual Art Foundation; Rev. Mary W. Conaway, Register of Wills
for Baltimore City; Patricia E. Cornish, PEC Financial Consulting; Dr.
P. Ann Cotten, University of Baltimore Schaefer Center for Public
Policy.
Diane D'Aiutolo Collins, Tydings & Rosenberg, LLP; Janine M. DiPaula
Stevens, Vircity; Anna M. Dopkin, T. Rowe Price Associates;
Councilmember Valerie Ervin, Montgomery County Council; Carolyn Wilson
Evans, Sengstacke & Evans, LLC; Margaret (Meg) Z. Ferguson, Baltimore
County Executive Office; Jodi Finkelstein, Domestic Violence Center of
Howard County; Ellen R. Fish, Towson Community Bank, a div. of
AmericasBANK; Mary Ellen Flynn, Andalman & Flynn, PC; Taylor L. Foss,
LifeBridge Health; Commissioner Jan H. Gardner, Frederick County
Government; Sandra N. Harriman, University of Maryland School of
Medicine; Carrie Harris-Muller, Kaiser Foundation Health Plan of the
Mid-Atlantic States, Inc.
Dr. Elizabeth A. Hunt, Johns Hopkins University School of Medicine;
Sara T. Jacoby, The Legacy Group, Inc.; Deborah E. Jennings, DLA Piper
U.S., LLP; Senator Verna L. Jones, State of Maryland; Leronia A. Josey,
Law Office of Leronia Josey; Pamela J. King, Open Society Institute-
Baltimore; Julie Lenzer Kirk, Path Forward International; Marcy K.
Kolodny, Dyslexia Tutoring Program; Treasurer Nancy K. Kopp, State of
Maryland; Jennifer Kozak, J Kozak Creative; Senator Rona E. Kramer,
State of Maryland; Judge Sherrie L. Krauser, Circuit Court for Prince
George's County; Dr. Martha Joynt Kumar, Towson University.
Judge Theresa A. Lawler, Orphan's Court for Baltimore County; Linda
Thater Layton, Attorney at Law; Cynthia L. Leppert, Neuberger, Quinn,
Gielen, Rubin & Gibber, PA; Eileen M. Levitt, The HR Team, Inc.; Dr.
Leslie D. Mancuso, JHPIEGO; Sister Patricia McCarron, SSND, Notre Dame
Preparatory School; Annette Merz, LENPEX, LLC; Bonnae J. Meshulam,
Junior Achievement of Central Maryland, Inc.; Dr. Redonda G. Miller,
Johns Hopkins Hospital and School of Medicine; Elise Davison Morris,
Whiteford, Taylor & Preston, LLP; Paula T. Morris, Kids of Honor; Nhora
Barrera Murphy, The Media Network; Alice Neily Mutch, Capital
Consultants, BaySmart Gardening, LLC.
Myra W. Norton, Community Analytics; Sylvia Ontaneda-Bernales, Ober
Kaler Grimes & Shriver; Beth Pepper, Law Firm of Beth Pepper; Trudy E.
Perkins, Office of U.S. Representative Elijah E. Cummings; Beth S.
Perlman, Constellation Energy; Liz Pettengill, Greater Baltimore
Committee; Bonnie Lamdin Phipps, St. Agnes HealthCare; Barbara Portnoy,
PLDA Interiors; Randi Alper Pupkin, Art with a Heart, Inc.; Stephanie
L. Reel, Johns Hopkins University and Johns Hopkins Health System; Dr.
Donna L. Reihl, The Community College of Baltimore County; Juliette
Rizzo, U.S. Department of Education; Dr. Marcella L. Roenneburg, Mercy
Medical Center.
Karen H. Rothenberg, University of Maryland School of Law; Dr. Lisa
Rowen, University of Maryland Medical Center; Dr. Cynda Hylton Rushton,
Johns Hopkins University and Children's Center; Hannah Sassoon,
Montgomery County Office of the Sheriff; Judge Katherine D. Savage,
Circuit Court for Montgomery County; Lynne C. Schaefer, University of
Maryland, Baltimore County; Rosa M. Scharf, Howard Bank; Mary Fulton
Shock, Philanthropist; J. Patricia Wilson Smoot, Prince George's County
Office of the State's Attorney; Felicita Sola-Carter, Social Security
Administration; Yolanda F. Sonnier, Randall & Sonnier, LLC; Sally L.
Sternbach, Rockville Economic Development, Inc.; Ferrier R. Stillman,
Tydings & Rosenberg, LLP.
Karen D. Stokes, Greater Homewood Community Corporation; Anita H.
Thomas, University of Baltimore; Dr. Rosemary M. Thomas, Salisbury
University; Suzanne C. Thompson, Heritage Financial Consultants, LLC,
Advanced Benefit Solutions, Inc.; Margaret Witherup Tindall, Gordon,
Feinblatt, Rothman, Hoffberger & Hollander, LLC; Marlene Trestman,
Office of the Attorney General; Jenny J. Trostel, Saab of Baltimore;
Judith Vaughan-Prather, Montgomery County Commission for Women; Laura
Neuman Volkman, Springboard Enterprises; Stephanie T. Willey, Comcast
Spotlight; Deborah Smith Williams, M&T Bank; Jeanne M. Yeager, Mid-
Shore Council on Family Violence; Terry Slade Young, The Maryland Zoo
in Baltimore; and Gina Monath Zawitoski, DLA Piper U.S., LLP.
I salute these women as examples of the many others who have made,
and continue to make our country great.

____________________

HONORING GENERAL MOTORS FOR WINNING RICHARD H. AUSTIN LONG-TERM TRAFFIC
SAFETY AWARD

______

HON. DALE E. KILDEE

of michigan

in the house of representatives

Monday, March 31, 2008

Mr. KILDEE. Madam Speaker, earlier this month, the Michigan
Governor's Traffic Safety Advisory Commission announced that the
General Motors Corporation will receive the Richard H. Austin Long-Term
Traffic Safety Award, ``for being a corporate and auto industry leader
in promoting traffic safety issues,'' in the State and nationally. The
award was presented at the group's annual awards luncheon on March 13,
2008, in East Lansing, Michigan.
This prestigious award is named after a true leader in traffic
safety, the late Richard H. Austin, who served as Michigan Secretary of
State from 1971 to 1994. Secretary Austin, who was known as, ``Mr.
Traffic Safety,'' was a pioneer in promoting passage of State seat belt
use laws and in promoting measures for child passenger safety, drunken
driving prevention, and motorcycle safety.
The commission's announcement notes that GM, ``has made significant
contributions in addressing key traffic safety concerns including
safety belt use, child passenger safety in and around vehicles and
drunk driving through partnerships and collaboration, advocacy,
financial support and voluntary time commitments to traffic safety
organizations by company executives and employees.''
The announcement states that when, ``efforts were underway to upgrade
Michigan's seat belt law from a secondary to a primary law, GM led the
collaborative efforts,'' to support it. I am pleased to note that as a
result of this upgraded law Michigan has one of the highest State belt
use rates in the Nation at 94 percent.
Among the other specific activities for which GM is being recognized
is its Safe Kids Buckle Up partnership with Safe Kids Worldwide. Under
this program, child safety seats are checked by trained experts for
proper installation; safety seats are provided to families in need; and
education is provided to help assure that children are not left alone
in vehicles and they are not allowed to play in trunks. Further, adults
learn to walk around a parked vehicle to check for children before they
start the engine and children are taught that it is never safe to play
in driveways, parking lots or on sidewalks when vehicles are nearby.
There are 25 Safe Kids coalitions and chapters in Michigan, and, over
the last 10 years under the GM-Safe Kids program, approximately 45,000
child safety seats in the State have been inspected and another 13,500
have been provided to families in need free of charge. In addition,
several permanent child seat inspection stations have been set up, run
by Safe Kids, and four mobile car seat checkup vans donated by GM are
operating in the State.

[[Page 4572]]

Madam Speaker, I have had the opportunity to witness the work of Safe
Kids Flint, which is part of the Hurley Medical Center. The dedicated
men and women who work at these events volunteer a significant amount
of their time and talent to assure that children are riding safely in
vehicles, and they provide very valuable information to parents. Safe
Kids Flint has reported that 19 lives have been saved after families
who attended one of the organization's events were involved in crashes.
I am pleased to join in congratulating General Motors for this
recognition of its exceptional corporate citizenship in working to
protect the citizens of Michigan through the Safe Kids partnership and
many other safety activities.

____________________

HONORING RAYMOND D. HENNAGIR FOR HIS BRAVERY AND SERVICE TO THE UNITED
STATES OF AMERICA

______

HON. ROBERT E. ANDREWS

of new jersey

in the house of representatives

Monday, March 31, 2008

Mr. ANDREWS. Madam Speaker, I rise to honor Corporal Raymond D.
Hennagir of Deptford, New Jersey. Corporal Hennagir was injured while
on foot patrol in Zaidon, Iraq. He stepped on an improvised explosive
device, losing both of his legs and four fingers on his left hand. The
bravery of this man is truly inspiring. Out of respect and gratitude
for the great service Corporal Hennagir has given his country, I submit
this poem written in his honor by Albert Carey Caswell.

Teach Me

Teach Me!
Teach me well!
You so beseech me. As you so gallantly look past all of your
pain and heartache, all of your hell!

Reach Me!
As you Reach in and out to Me! With your heart which so
swells!
As your most splendid heart to me, so all about life . . . so
tells!

All about courage and faith!
All about not letting pain and heartache, get in your way . .
. and not letting go, or your soul erase!
All about courage's, most courageous face!

Let me learn!
As from you, and all of your character I can so discern!
All about life . . . and all about what is possible, when
within a great heart a soul so burns!

So I can grow!
So I can learn, so throughout my life I can so use and learn
. . . of what a heart is capable of so!
As your blessings to me you now so bestow, ever in these
moments of my life . . . I will know!

Which, can so show me . . . that path!
Which, can so show me the way . . . which can so teach me all
about the things which last . . .
As I watch you and your most heroic glow! The questions to my
heart you so answer, I ask?

For you have touched me, with your most heroic glow!
For you have so taught to me, all that it is . . . that I so
need to know!
So I can touch the sky, so I can so soar so very high . . . a
part of you, I will take with me I'll show!

For on this Earth . . .
Our Lord God so puts on such men and women of such fine worth
. . .
To Teach Us All, to so hear his call . . . to make us all
understand, of what it is which comes first!
Everybody loves Raymond, You Teach Me . . . Teach Me So!

____________________

PERSONAL EXPLANATION

______

HON. LYNN C. WOOLSEY

of california

in the house of representatives

Monday, March 31, 2008

Ms. WOOLSEY. Madam Speaker, on March 14, 2008, I was unavoidably
detained and was not able to record my votes for Rollcall No. 143-146.
Had I been present I would have voted:
Rollcall No. 143--Yes--Providing for the consideration of the Senate
amendment to the bill (H.R. 3773) to amend the Foreign Intelligence
Surveillance Act of 1978 to establish a procedure for authorizing
certain acquisitions of foreign intelligence, and for other purposes.
Rollcall No. 144--Yes--Providing for the consideration of the Senate
amendment to the bill (H.R. 3773) to amend the Foreign Intelligence
Surveillance Act of 1978 to establish a procedure for authorizing
certain acquisitions of foreign intelligence, and for other purposes.
Rollcall No. 145--Yes--To amend the Foreign Intelligence
Surveillance Act of 1978 to establish a procedure for authorizing
certain acquisitions of foreign intelligence, and for other purposes.
Rollcall No. 146--Yes--On Approving the Journal.

____________________

RECOGNIZING OFFICER PAUL JUSTIN COFFEE

______

HON. KENNY MARCHANT

of texas

in the house of representatives

Monday, March 31, 2008

Mr. MARCHANT. Madam Speaker, I rise today to recognize and
congratulate Officer Paul Justin Coffee for being named the 2007 Police
Officer of the Year by the Euless Police Department.
Officer Justin Coffee has been with the Euless Police Department
since March 2005. Prior to serving and protecting the Euless community,
Officer Coffee was a police officer in Bedford, Texas for seven years.
He holds an Advanced Peace Officer certification from the great state
of Texas.
Officer Justin Coffee, a native Texan, graduated from L.D. Bell High
School and attended Tarrant County College. His father is a police
sergeant in Hurst, Texas and his brother is a police officer in
Bedford, Texas. Officer Coffee is married to Sarah and they have three
children.
During Officer Coffee's distinguished career in the Euless Police
Department, he has received seven commendations, was nominated for the
2006 Rookie of the Year, and was selected as one of six Field Training
Officers for the department. He consistently maintains a high level of
competency and has gained much respect among his fellow police
officers.
It is with great honor that I recognize Officer Paul Justin Coffee
for his dedication and outstanding service to the Euless Police
Department and the City of Euless, Texas. I applaud his numerous
achievements and wish him continued success in his service. I am proud
to represent Officer Coffee in the 24th District of Texas.

____________________

HONORING THE LIFE OF MS. FRAN TONEY

______

HON. THADDEUS G. McCOTTER

of michigan

in the house of representatives

Monday, March 31, 2008

Mr. McCOTTER. Madam Speaker, today I rise to honor and acknowledge
Ms. Fran Toney, Executive Director of the Plymouth Community Chamber of
Commerce, upon her retirement from 17 years of dutiful service.
Fran Toney is a woman who has always loved Plymouth, Michigan. Fran
has focused the past 17 years of her career on getting others to love
it too. As executive director, Ms. Toney encouraged members of her
community to invest in local businesses and the community. Under her
venerable tenure, the Plymouth Community Chamber of Commerce has nearly
doubled its size from 400 to 700 committed members. Ms. Toney initiated
more than 42 new programs which continue to make the Plymouth area a
prosperous and proud part of Michigan. From Scarecrows in Kellogg Park
to the annual Auction Fundraiser, Fran Toney has made the Plymouth
Community Chamber of Commerce a point of pride for our community and
the entire state of Michigan.
Madam Speaker, for 17 years Ms. Fran Toney has faithfully served the
Plymouth community and its citizens. As she enters the next phase of
her life, she leaves behind a legacy of dedication, vibrancy, and
fellowship. Today, I ask my colleagues to join me in congratulating Ms.
Fran Toney upon her retirement and recognizing her years of loyal
service to our community, state and country.

____________________

HONORING THE 60TH ANNIVERSARY OF THE ANNANDALE LIONS CLUB

______

HON. TOM DAVIS

of virginia

in the house of representatives

Monday, March 31, 2008

Mr. DAVIS of Virginia. Madam Speaker, I rise today to pay tribute to
the Annandale Lions Club. a truly outstanding organization that has
served Annandale. Virginia for 60 years.
Throughout its history. the Annandale Lions Club has embraced the
Lions' philosophy of ``We Serve,'' and all residents of Annandale--

[[Page 4573]]

young and old--owe them a debt of gratitude. To date, the club has
raised over $1,000.000 and has dedicated innumerable hours toward
making their community a better place to live.
Thanks to the Lions, there is playground equipment at Annandale
Elementary School. Thanks to the Lions, Fairfax hospital got its first
maternity ward. Thanks to the Lions, there are bleachers and lights at
the Annandale High School athletic fields.
As Annandale evolved from small rural town to bustling suburb, the
Lions have been there to help keep up with change. They marked streets,
numbered houses and mapped their community to help firefighters respond
to emergencies and facilitate mail delivery. As the number of children
in the area grew, they helped provide wholesome activities by
sponsoring Scout troops and baseball teams. They constructed the
children's playhouse at the Annandale Christian Community for Action's
(ACCA) day care center, and have sponsored local youths for the
Virginia Boys and Girls State summer leadership and citizenship
programs.
The Annandale Lions, like Lions everywhere, also do a great deal for
those with special physical needs, particularly those with vision and
hearing impairments. They support sight and hearing screenings and
research, and have offered financial assistance to the Virginia Lions
Eye Institute.
Madam Speaker, I know my colleagues join me in thanking each and
every Annandale Lion for their hard work and dedication to helping
others in making Annandale a great place to live. I am proud to honor
the club on its 60th anniversary, and wish them continued success in
the years to come.

____________________

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, April 1, 2008 may be found in the
Daily Digest of today's Record.

MEETINGS SCHEDULED

APRIL 2
9:30 a.m.
Appropriations
Energy and Water Development Subcommittee
To hold hearings to examine proposed budget estimates for
fiscal year 2009 for the Department of Energy.
SD-124
Foreign Relations
To hold hearings to examine Iraq after the surge,
focusing on military prospects.
SD-419
Judiciary
To hold oversight hearings to examine the Department of
Homeland Security.
SH-216
Joint Economic Committee
To hold hearings to examine the current economic outlook.
SD-106
10 a.m.
Armed Services
Emerging Threats and Capabilities Subcommittee
To hold hearings to examine the defense authorization
request for fiscal year 2009 for the Cooperative Threat
Reduction Program and the Proliferation Security
Initiative at the Department of Defense, and nuclear
nonproliferation programs at the National Nuclear
Security Administration, and the future years defense
program.
SR-232A
Environment and Public Works
To hold an oversight hearing to examine the listing
decision for the polar bear under the Endangered
Species Act.
SD-406
10:30 a.m.
Appropriations
Defense Subcommittee
To meet in closed session to examine National
Reconnaissance Office (NRO)/Space Programs.
S-407, Capitol
Appropriations
Labor, Health and Human Services, Education, and Related
Agencies Subcommittee
To hold hearings to examine National Labor Relations
Board Representation elections and initial collective
bargaining agreements, focusing on safeguarding
workers' rights.
SD-138
11 a.m.
Homeland Security and Governmental Affairs
To hold hearings to examine nuclear terrorism, focusing
on assessing the threat to the United States.
SD-342
2:30 p.m.
Commerce, Science, and Transportation
Business meeting to consider S. 2688, to improve the
protections afforded under Federal law to consumers
from contaminated seafood by directing the Secretary of
Commerce to establish a program, in coordination with
other appropriate Federal agencies, to strengthen
activities for ensuring that seafood sold or offered
for sale to the public in or affecting interstate
commerce is fit for human consumption, S.J. Res. 28,
disapproving the rule submitted by the Federal
Communications Commission with respect to broadcast
media ownership, S. 2607, to make a technical
correction to section 3009 of the Deficit Reduction Act
of 2005, H.R. 3985, to amend title 49, United States
Code, to direct the Secretary of Transportation to
register a person providing transportation by an over-
the-road bus as a motor carrier of passengers only if
the person is willing and able to comply with certain
accessibility requirements in addition to other
existing requirements, H.R. 802, to amend the Act to
Prevent Pollution from Ships to implement MARPOL Annex
VI, and the nomination of Robert A. Sturgell, of
Maryland, to be Administrator of the Federal Aviation
Administration.
SR-253
Foreign Relations
To hold hearings to examine Iraq after the surge,
focusing on political prospects.
SD-419
Armed Services
Readiness and Management Support Subcommittee
To hold hearings to examine the Department of Defense
contracting in Iraq and Afghanistan.
SR-222

APRIL 3
9:30 a.m.
Armed Services
To hold hearings to examine the nominations of Gen. David
D. McKiernan, to be General, and Commander,
International Security Assistance Force, Afghanistan,
Lt. Gen. Raymond T. Odierno, to be General, and Vice
Chief of Staff, and Lt. Gen. Walter L. Sharp, to be
General, and Commander, United Nations Command/Combined
Forces Command/United States Forces Korea, all of the
United States Army.
SD-106
Energy and Natural Resources
To hold hearings to examine the current price of oil,
focusing on non-commercial institutional investors.
SD-366
Foreign Relations
To hold hearings to examine the conditions and
developments of Iraq in 2012.
SD-419
Appropriations
Transportation, Housing and Urban Development, and Related
Agencies Subcommittee
To hold hearings to examine the status of the Surface
Transportation Trust Funds and impact on federal
spending.
SD-138
Veterans' Affairs
To hold hearings to examine legislative presentations
from sundry Veteran Affairs organizations.
SH-216
10 a.m.
Banking, Housing, and Urban Affairs
To hold hearings to examine turmoil in U.S. credit
markets, focusing on the recent actions of federal
financing regulators.
SD-538
Appropriations
Commerce, Justice, Science, and Related Agencies
Subcommittee
To hold hearings to examine proposed budget estimates for
fiscal year 2009 for the National Aeronautics and Space
Administration Fiscal Year.
SD-192

[[Page 4574]]

Commerce, Science, and Transportation
To hold hearings to examine international fisheries,
focusing on management and enforcement.
SR-253
Environment and Public Works
To hold hearings to examine strategies to reduce
greenhouse gas emissions at United States colleges and
universities.
SD-406
Finance
To hold hearings to examine outside the box on estate tax
reform, focusing on reviewing ideas to simplify
planning.
SD-215
Homeland Security and Governmental Affairs
To hold hearings to examine Federal Emergency Management
Agency, focusing on if the agency is better prepared
for a catastrophe now than it was in 2005.
SD-342
Judiciary
Business meeting to consider S. 2136, to address the
treatment of primary mortgages in bankruptcy, S. 2133,
to authorize bankruptcy courts to take certain actions
with respect to mortgage loans in bankruptcy, S. 2041,
to amend the False Claims Act, S. 2533, to enact a
safe, fair, and responsible state secrets privilege
Act, S. 702, to authorize the Attorney General to award
grants to State courts to develop and implement State
courts interpreter programs, S. Res. 468, designating
April 2008 as ``National 9-1-1 Education Month'', and
the nominations of Catharina Haynes, of Texas, to be
United States Circuit Judge for the Fifth Circuit, and
Rebecca A. Gregory, to be United States Attorney for
the Eastern District of Texas.
SD-226
10:30 a.m.
Aging
To hold hearings to examine scrambling for health
insurance coverage, focusing on health security for
people in late middle age.
SD-608
2 p.m.
Homeland Security and Governmental Affairs
Oversight of Government Management, the Federal Workforce,
and the District of Columbia Subcommittee
To hold joint hearings with the House Committee on
Oversight and Government Reform Subcommittee on the
Federal Workforce, Postal Service, and the District of
Columbia to examine managing diversity of senior
leadership in the Federal workforce and Postal Service.
2154, Rayburn Building
2:15 p.m.
Judiciary
To hold hearings to examine the nominations of Mark S.
Davis, to be United States District Judge for the
Eastern District of Virginia, David Gregory Kays, to be
United States District Judge for the Western District
of Missouri, David J. Novak, to be United States
District Judge for the Eastern District of Virginia,
Stephen N. Limbaugh, Jr., to be United States District
Judge for the Eastern District of Missouri, and
Elisebeth C. Cook, of Virginia, to be an Assistant
Attorney General.
SD-226
3 p.m.
Armed Services
Airland Subcommittee
To hold hearings to examine the defense authorization
request for fiscal year 2009 on Army modernization, and
the future years defense program.
SR-222

APRIL 4
9:30 a.m.
Joint Economic Committee
To hold hearings to examine the current employment
situation.
SD-106

APRIL 8
9:30 a.m.
Armed Services
To hold hearings to examine the situation in Iraq and
progress made by the Government of Iraq in meeting
benchmarks and achieving reconciliation.
SD-106
10 a.m.
Commerce, Science, and Transportation
To hold hearings to examine the Federal Trade Commission
reauthorization.
SR-253
2:30 p.m.
Commerce, Science, and Transportation
To hold an oversight hearing to examine the digital
television transition, focusing on consumers,
broadcasters, and converter boxes.
SR-253
Energy and Natural Resources
To hold hearings to examine S. 2259 and H.R. 813, bills
to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of
the Interior to participate in the Prado Basin Natural
Treatment System Project, to authorize the Secretary to
participate in the Lower Chino Dairy Area desalination
demonstration and reclamation project, H.R. 31, to
amend the Reclamation Wastewater and Groundwater Study
and Facilities Act to authorize the Secretary of the
Interior to participate in the Elsinore Valley
Municipal Water District Wildomar Service Area Recycled
Water Distribution Facilities and Alberhill Wastewater
Treatment and Reclamation Facility Projects, H.R. 716,
to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of
the Interior to participate in the Santa Rosa Urban
Water Reuse Plan, H.R. 786, to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate
in the Los Angeles County Water Supply Augmentation
Demonstration Project, H.R. 1140, to authorize the
Secretary, in cooperation with the City of San Juan
Capistrano, California, to participate in the design,
planning, and construction of an advanced water
treatment plant facility and recycled water system,
H.R. 1503, to amend the Reclamation Wastewater and
Groundwater Study and Facilities Act to authorize the
Secretary of the Interior to participate in the Avra
Black Wash Reclamation and Riparian Restoration
Project, H.R. 1725, to amend the Reclamation Wastewater
and Groundwater Study and Facilities Act to authorize
the Secretary of the Interior to participate in the
Rancho California Water District Southern Riverside
County Recycled Non-Potable Distribution Facilities and
Demineralization Desalination Recycled Water Treatment
and Reclamation Facility Project, H.R. 1737, to amend
the Reclamation Wastewater and Groundwater Study and
Facilities Act to authorize the Secretary of the
Interior to participate in the design, planning, and
construction of permanent facilities for the GREAT
project to reclaim, reuse, and treat impaired waters in
the area of Oxnard, California, and H.R. 2614, to amend
the Reclamation Wastewater and Groundwater Study and
Facilities Act to authorize the Secretary of the
Interior to participate in certain water projects in
California.
SD-366
Foreign Relations
To hold hearings to examine Iraq after the surge.
SH-216
Armed Services
SeaPower Subcommittee
To hold hearings to examine the defense authorization
request for fiscal year 2009 on Navy force structure
requirements and programs to meet those requirements,
and the future years defense program.
SR-222

APRIL 9
9:30 a.m.
Veterans' Affairs
To hold an oversight hearing to examine making Veterans
Affairs the workplace of choice for health care
providers.
SR-418
10 a.m.
Appropriations
State, Foreign Operations, and Related Programs
Subcommittee
To hold hearings to examine proposed budget estimates for
fiscal year 2009 for the Department of State and
foreign operations.
SD-138
2:30 p.m.
Energy and Natural Resources
To hold hearings to examine S. 1633, to authorize the
Secretary of the Interior to conduct a special resource
study to determine the suitability and feasibility of
including the battlefield and related sites of the
Battle of Shepherdstown in Shepherdstown, West
Virginia, as part of Harpers Ferry National Historical
Park or Antietam National Battlefield, S. 1993 and H.R.
2197, bills to modify the boundary of the Hopewell
Culture National Historical Park in the State of Ohio,
S. 2207, to direct the Secretary of the Interior to
study the suitability and feasibility of designating
Green McAdoo School in Clinton, Tennessee, as a unit of
the National Park System, S. 2254, to establish the
Mississippi Hills National Heritage Area in the State
of Mississippi, S. 2329 and H.R. 2627, bills to
establish the Thomas Edison National Historical Park in
the State of New Jersey as the successor to the Edison
National Historic Site, S. 2502 and H.R. 3332, bills to
provide for the establishment of a memorial within
Kalaupapa National Historical Park located on the
island of Molokai, in the State of Hawaii, to honor and
perpetuate the memory of those individuals who were
forcibly relocated to the Kalaupapa Peninsula

[[Page 4575]]

from 1866 to 1969, S. 2512, to establish the
Mississippi Delta National Heritage Area in the State
of Mississippi, and H.R. 3998, to authorize the
Secretary of the Interior to conduct special resources
studies of certain lands and structures to determine
the appropriate means for preservation, use, and
management of the resources associated with such lands
and structures.
SD-366

APRIL 10
10 a.m.
Commerce, Science, and Transportation
Aviation Operations, Safety, and Security Subcommittee
To hold hearings to examine aviation safety oversight.
SR-253

APRIL 15
10 a.m.
Energy and Natural Resources
To hold hearings to examine S. 2438, to repeal certain
provisions of the Federal Lands Recreation Enhancement
Act.
SD-366

APRIL 23
9:30 a.m.
Veterans' Affairs
To hold an oversight hearing to examine an update on the
Veterans Affairs and the Department of Defense
cooperation and collaboration.
SR-418
2:30 p.m.
Commerce, Science, and Transportation
To hold hearings to examine phantom traffic.
SR-253