Zoe Lofgren

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Mr. Chairman, I would yield the 2 minutes to the gentlewoman from California.

Ms. ZOE LOFGREN of California. Mr. Chairman, I offer this amendment on behalf of myself, Ms. Linda T. Sanchez of California, Mr. Dreier of California, Mr. Hunter, and Mr. Carter of Texas. This amendment would increase the State Criminal Alien Assistance Program funding by $55 million, a 14-percent increase over the funding level currently included in the bill. The offset for this increase would be a transfer from three different accounts, $25 million from the departmental management of the Department of Commerce, $25 million from the Department of Administration from the Department of Justice and $5 million from the FBI's Construction and Acquisition Fund. The State Criminal Alien Assistance Program, or SCAAP, provides critical reimbursement to States and localities for the incarceration of undocumented criminal aliens. This program was created in 1994 to ease the fiscal burden on States and local governments. SCAAP had its highest funding relative to authorization in fiscal year 1998, 1999 and 2000 under the Clinton administration when $585 million was appropriated. By increasing SCAAP by $55 million, this amendment would bring funding to States and local governments closer to the authorized amount. I would note that this would still be under 50 percent of the authorized amount for SCAAP of 48 percent, in fact. It would bring needed assistance to States such as California, Arizona, Texas, Florida and New York, all of whom have come to rely on SCAAP reimbursement to help absorb the high financial cost of incarceration of aliens. Over the last 6 months, I have met with many Members of this House, both Republican and Democrat, to listen to their concerns about immigration as we examined the comprehensive immigration reform proposals and various elements of it. One of the issues that was raised on both sides of the aisle is the cost of incarcerating undocumented criminal aliens that is being passed on to States, counties and other localities. I would note that this amendment, a modest increase of 14 percent, is endorsed by the National Association of Counties, and, likewise, we have a letter from 17 Governors who support increased SCAAP funding going to their States. These States' Governors include Arizona, Oklahoma, South Dakota, Oregon, California, Washington, Utah, Georgia, Florida, Kansas, Illinois, Virginia, New Mexico, New York, Minnesota, Texas and Nevada. This is a good investment for local governments, for our States. It's part of shouldering our responsibility, because immigration is a Federal responsibility. I think it's an item where, on a bipartisan basis, Mr. Dreier and I chair our respective State delegations, he the Republican delegation, I the Democratic delegation, that we can deliver jointly. I respect a great deal, as Mr. Mollohan knows, the chairman of this subcommittee. We have worked together on many items. This amendment should not be seen as critical of his wonderful efforts, but I think we can do just a little bit better, and I think our constituents and counties and our constituents and States will appreciate that we are doing something to ease the burden of incarcerating illegal immigrants. I would note that all of the studies show that immigration is good for America. Legal immigration is good for America. It boosts productivity. We know that in our high-tech sector, more than half of the startups in Silicon Valley have an immigrant cofounder. There is much to revel in immigration in America. But having said that, there are costs. This is one of them, something we can do something about, do something about. This bipartisan amendment really deserves the support of us all. Mr. Chairman, I yield the remainder of my time to the cosponsor, Ms. Linda T. Sanchez of California, noting that the Judiciary Committee on which we both serve is the authorizing committee. She has been a true partner in this effort.

Ms. ZOE LOFGREN of California. Mr. Chairman, I offer an amendment.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Mr. Speaker, I rise today to honor Robert Causor, Jr., a paratrooper rifleman with the 82nd Airborne Division who was killed July 7 by a homemade bomb in Samarra, Iraq. Robert was born and grew up in San Jose, California. Since childhood, he dreamed of being a soldier, and after graduating from Overfelt High School he enlisted to serve in Iraq. Despite worries from his family, Robert was determined to fulfill his lifelong dream. To Robert, service in the military was a way to repay his country for the successes of his family. He came from a close family, one of 26 cousins who lived in San Jose for over three decades. On behalf of California's 16th Congressional District, I offer Robert's family our deepest condolences as they deal with this painful loss. He will be decorated with many honors, including a Bronze Star and a Purple Heart, but today our thoughts and our prayers are with his parents, the rest of his family and his friends.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Madam Speaker, I rise today to recognize the American Library Association for its annual conference being held this week in Washington, DC. I am also pleased to recognize Melinda Cervantes, County Librarian of Santa Clara County for representing our County librarians at this conference. I have always supported America's public libraries and believe they are an essential part of building stronger and more educated communities. One of the basic tenets of democracy--equal access to opportunity--is played out every day in America's public libraries. Their doors are open and welcoming to anyone without having to show a diploma, a bank balance, proof of residency or any other qualifier. You can read, learn, think, create, analyze, research, and contemplate any topic that might improve your mind, your skills, your daily life, or your future. The wealth of knowledge and opportunity available at the fingertips of all who possess a library card is powerful.

Ms. LOFGREN of California

Ms. LOFGREN of California. Madam Speaker, I rise today to submit into the Congressional Record a list of projects that I have requested receive federal funding as part of the FY08 appropriations process. The projects requested in the list below were presented to me by constituents, local groups and local governments. Project Name: AACI Community Health Clinic. While approximately 30 percent of Santa Clara County residents are Asian, AACI provides the only Asian-focused community health clinic in the County. Funding would help create negative pressure rooms, and create infection control and respiratory protection equipment. It would also help to retain staff, help them advance professionally, and ensure that they are knowledgable about best practices in the field. Project Name: Advanced IED Jammer Research & Development Program. The Advanced IED Jammer Research & Development Program will substantially advance the U.S. Military's ability to combat and defend our troops against roadside bombs. Project Name: Anti-Microbial Nanomaterial for Battlefield Medical and Dental Use. Funding will help in developing an antimicrobial nanomaterial which would be used to destroy bacteria and fungi affecting U.S. service members Project Name: ATTWR Special Module. The Advanced Tactical Threat Warning Radio (ATTWR) Special Module Project will provide Special Operations Forces with the ability to clandestinely identify and locate IED bomb making factories, terror cells, and insurgent commanders. Project Name: Blossom Hill/Monterey Highway Crossing, San Jose. This funding will complete construction of a pedestrian overpass across railroad tracks and a four-lane highway in the vicinity of Blossom Hill Road and Monterey Highway (State Route 82), which divide rapidly growing residential and commercial sites into four quadrants. Project Name: Bus Rapid Transit Alternatives Analysis. This funding request is for conducting an alternatives analysis to allow the Santa Clara Valley Transportation Authority (VTA) to develop an integrated Bus Rapid Transit (BRT) network that would link major activity and employment centers throughout Santa Clara County, and offer high-quality public transit service to areas that are not served by VTA's light rail system. Project Name: California Bay-Delta Restoration Program. The mission of the CALFED Bay-Delta Program is to develop and implement a long-term comprehensive plan that will restore ecological health and improve water management for beneficial uses of the Bay-Delta System. Project Name: Collaborative Affordable Homes for San Jose Families. These funds would be used for the building of homes for low income families and providing vocational skills to at-risk young men and women. Project Name: Collaborative Response to Victims of Domestic Violence. This project will initiate a new model of collaborative education, training and community response to victims of domestic violence. Project Name: Coyote and Berryessa Creek Project. The Coyote Creek project provides protection to the area downstream of Montague Expressway in Milpitas and San Jose where potential damages from a 1 percent flood exceed $250 million. Project Name: Coyote Creek Watershed Study. The Coyote Creek Watershed Study will examine ways to provide flood protection for the cities of San Jose, Milpitas, and Morgan Hill, including a major portion of the Silicon Valley's high- tech area. Project Name: Development & Testing of Advanced Paraffin- based Hybrid Rockets for Space Applications. SPG will use the requested funds to design, build and initiate testing of 24- inch diameter, 30,000 pound thrust-class motors. Project Name: DeWitt Avenue S-Curve Realignment, Santa Clara County. The project would straighten an S-Curve on DeWitt Avenue to enhance the line of sight for motorists, bicyclists, and pedestrians, thereby improving overall safety. Project Name: Digital Heads-Up Display (DHUD) Upgrade for the ANG F-15s. The Heads-Up Display (HUD) system was designed to provide a pilot with the ability to acquire superior Situational Awareness (SA) by projecting critical flight information into the pilot's forward field of view serving as the aircraft's primary targeting system. Project Name: Drug Court Discretionary Grant Program. This language supports restored funding to the Drug Court Discretionary Grant Program. Project Name: Early Childhood Development Initiative- National Hispanic University. Funding will enable creation of a National Hispanic University (NHU) program in early childhood development to formalize the process of certifying ``Smart Start'' graduates, improving the number and quality of early childhood educators in San Jose. Project Name: Early Warning IED Detection System. The Early Warning IED Detection System program will develop an advanced IED detection system that not only can detect the presence of IED's hidden along roadsides, but can also do so in a low profile and disguised manner. Project Name: East Wing expansion--Guadalupe River and Silicon Valley History Project. This project would create a 30,000 square foot outdoor exhibit gallery with interactive exhibits and educational program spaces. Project Name: Electronic Warfare Concept Demonstrator for the Littoral Combat Ship. The Electronic Warfare Concept Demonstrator (EWCD) will integrate commercial off the shelf Electronic Warfare antenna/receiver technology, the ES 3701 Tactical ESM System, with the Navy's current display and control systems. Project Name: Fire Disaster Recovery project. This will provide the Foothill Family Community Clinic with a permanent home for its community health center program in the high need area of east San Jose. Project Name: First-time Homebuyer Assistance Program. The First-time Homebuyer Assistance Program provides interest free closing cost loans to low and moderate income households for their first home purchase in the county. Project Name: Guadalupe River Flood Control Project. The project extends through downtown San Jose from Interstate 880 to Interstate 280 and protects the area from $576 million in damages from a one percent flood. Project Name: High Power Fiber Laser Program. This years funding request will drive the power output and improved beam quality of fiber lasers to technological levels that have never previously been met, providing new and unique capabilities to our warfighting personnel. Project Name: Job Training for the Homeless Initiative. Funding will enable development and implementation of a job training and placement initiative to provide homeless persons in San Jose with remedial education, peer counseling, access to temporary shelter, transportation, childcare, vocational training, and job placement assistance. Project Name: Llagas Creek Project. It will serve a 104 mile watershed by providing flood protection for 1,100 homes, 500 businesses, and over 1,300 acres of agricultural land in Santa Clara County. Project Name: Martin Luther King, Jr. Library Community/ Teen Center. Federal funding will support the redesign, construction, and equipping of a 2,600 sq. ft. Community and Teen Center, co-located with the San Jose main library, to provide a combination educational, performance, and public gathering space, with special attention to the needs and interests of teens. Project Name: Mounted Warrior Equipment for the 4th Stryker Brigade. The Mounted Warrior Soldier System (MWSS) is the U.S. Army's integrated soldier fighting system, which permits the vehicle commander and driver to view the Force XXI Battle Commander, brigade-and-below (FBCB2) display, Driver's Vision Enhancer (DVE), and Remote Weapon System (RWS). Project Name: National Transportation Security Center. This language directs the Secretary of Homeland Security to establish a National Transportation Security Center of Excellence at San Jose State University. Project Name: OPAL (Optically Pumped Atomic Laser for Defense Microelectronics). OPAL will develop sub 200nm light source technology known as Optically Pumped Atomic Lasers (OPALs). Funds will be used for the demonstration of the sub 200nm at Newport-Spectra Physics and will be used to design the semiconductor inspection tool into which it will be integrated for inspection of advanced silicon chips. Project Name: Roll-to-Roll Microelectronics Manufacturing in Support of the Flexible Display Initiative. The U.S. Display Consortium is under contract to the Army Research Laboratory (ARL) to organize the commercial display industry to develop the materials and supply chain required to enable volume production of flexible displays. Project Name: San Francisquito Creek Flood Damage Reduction and Ecosystem Restoration Project. The study is examining possible flood protection measures for the cities of Palo Alto, East Palo Alto, Menlo Park and portions of San Mateo and Santa Clara Counties. Project Name: San Luis Reservoir Low point Improvement Project. The San Luis Reservoir Low Point Improvement Project is to increase the operational flexibility of storage in San Luis Reservoir and ensure a high quality, reliable water supply for San Felipe Division contractors. Project Name: San Jose Courthouse. This money would be used for site acquisition for a new Federal Courthouse in San Jose. Project Name: San Jose Area Water Reclamation and Reuse Project. The San Jose Water Reclamation and Reuse Program will increase water supply reliability and protect endangered species by reducing wastewater discharges into San Francisco Bay. Project Name: San Jose BEST Gang Intervention Program Expansion. B.E.S.T. coordinates and funds a continuum of prevention, intervention, and suppression programs targeted at youth demonstrating at-risk, high-risk, and gang-involved behaviors. Project Name: San Jose Steam Railroad Museum. The funding will be used to help pay for the first two phases of construction of the San Jose Steam Railroad Museum. Project Name: San Jose/Santa Clara Wastewater Pollution Control Plant Solar Research and Development. This project will demonstrate how municipalities around the country can improve air quality and reduce pressure on the electrical grid while saving taxpayers' dollars and reducing dependence on foreign fuel supplies. Project Name: San Jose Women's Business Incubator and Training Center. Women's Initiative will own and operate a fully bilingual and culturally-competent Women's Business Incubator and Training Center in San Jose, where low-income and immigrant women in Silicon Valley can access business plan training and ongoing support. Project Name: Santa Clara County HIV Test Counseling Program. In partnership with the Santa Clara County Department of Public Health, the DeFrank Center developed a pilot fixed-site HIV counseling and testing program to serve Santa Clara County. Project Name: Santa Clara County: Juvenile Detention Reform: Evening Reporting Center (South County). The Evening Reporting Center is a comprehensive community-based intervention program designed to further Juvenile Detention Reform goals. Project Name: Semiconductor Focus Center Research Program (FCRP). Funding will continue to support The Focus Center Research Program (FCRP) which conducts mid- to long-term (8- 12 year time horizon) basic research in semiconductor technology at 38 universities across the country. Project Name: ShotSpotter Gunshot Location and Detection Systems. The requested legislative language would broaden DHS' research and development priorities to include gunshot detection and qualifier systems. Project Name: ShotSpotter Individual Protection System (SIPS). DOD R&D funding is needed for work to reduce the size and enhance the capability of the ShotSpotter Individual Protection System (SIPS). The sensor identifies the gunshot and radios the information back to a portable base station where the location is displayed on a lap top or PDA screen. Project Name: Sobrato House youth facility. The Sobrato House will be able to provide 10 bed shelter for homeless, runaway youth. Also available will be a multi Service Center that is open daily for homeless youth, providing medical care, food, case management and other basic services. Project Name: South San Francisco Bay Salt Ponds Restorations (FWS). The project will restore the health of the San Francisco Bay. The project will also provide tidal and fluvial flood protection in the Bay, including approximately 42,800 acres, 7,400 homes and businesses and significant urban infrastructure including major highways, parks and airports. Project Name: South San Francisco Bay Salt Ponds Restorations (USGS). This funding request would provide $900,000 to the United States Geological Survey. USGS would use these funds to conduct interdisciplinary monitoring (biological, hydrological, and water quality studies) of Salt Ponds in San Pablo Bay and San Francisco Bay. Project Name: South San Francisco Bay Shoreline Study. The project will restore the health of the San Francisco Bay, one of the nation's largest estuaries, by creating the largest restored wetlands on the West Coast. Project Name: Student Partners Reaching Kids. The Students Partners Reaching Kids (SPRK) program serves more than 1,000 young adolescents through a series of offerings which form a continuum of opportunities throughout the year for students in the fourth through ninth grade age range such as: Discovery Youth, Getchy.com, CDMedia Studio, Safe Nights and Summer of Service. Project Name: The Japanese American Experience: Making it Available. This museum will allow the broader community better access to and, understanding of the history, culture and arts of Japanese Americans in Santa Clara Valley. Project Name: Trades JOBS for At-Risk Out-of-School Youth. The Center for Employment Training's Building Trades JOBS Program will provide comprehensive occupational skills training and employment services to 50 at-risk out-of school youth (age 17-24) and place 85% of them in demand jobs in the building trades. Project Name: Upper Guadalupe River Flood Control Project. All proposed flood protection improvements include long-term environmental benefits for fish and wildlife habitat and continuous creekside trail access. The Upper Guadalupe River Flood Protection project will provide flood protection for 7,500 homes in Santa Clara County with potential damages from a 100-year flood event exceeding $280 million. Project Name: Upper Penitencia Creek Project. The Upper Penitencia Creek Flood Protection project will provide flood protection to over 5,000 homes, schools and businesses in Santa Clara County, specifically the communities of San Jose and Milipitas. Project Name: Yu-Ai Kai/Boys & Girls Club Senior Youth Wellness Center. The funds will establish a Senior Youth Wellness Center. The new Senior Youth Wellness Center will offer the following programs: preventive health programs through education, i.e., stroke prevention, diabetes prevention, cognitive wellness, nutrition education, heart disease prevention, etc.; therapeutic support groups and recreational activities; caregiver support groups with short term individual and family counseling, outreach, prevention and resource referral; M.D. and nurse visits/ consultation for foot care/diagnosis, and preventive education; physical therapist visits/consultation and alternative health programs such as Tai-chi, Qi-gong, Yoga and Reiki; and indoor and outdoor physical fitness programs. Project Name: Yu-Ai Kai/Boys & Girls Club Senior Youth Wellness Center Gymnasium. The new Senior Wellness Center and the Boys & Girls Club gymnasium will offer the following programs: physical fitness programs for seniors from the Minority Senior Providers Consortium; recreational and physical rehab programs for seniors, i.e., basketball, volleyball, handball, badminton, etc.; physical fitness for youths; recreational programs for youth, i.e., basketball, volleyball, badminton, handball, indoor soccer, indoor flag football, etc.; alternative health programs such as Tai-chi, Qi-gong, Yoga and Reiki; annual cultural events, i.e. Keiro Kai (honoring seniors 75 years and older), Bonen Kai (end of the year party for seniors), Shinnen Kai (Recognition of the New Year); and offer the gym to Japanese American youth who have tournaments and practice during the evenings and weekends.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Madam Speaker, I rise today to honor our country's veterans with a poem by my constituent, Jack Richards. Veteran's Day for Sgt. Joshua P. Morgan, USMC I think of your valor In being willing to take a stand for liberty I am speechless In light of your bravery I know your type Is not charmed, by show-offs, in the ranks Nonetheless Please, lower your guard for a moment And hear a grateful nation's thanks It's not the battles you fight, it's signing the line, saying you will.

Ms. LOFGREN of California

Ms. LOFGREN of California. Madam Speaker, this poem is in tribute to Veteran's Day. I think of your valor, In being willing to take a stand for liberty, I am speechless, In light of your bravery, I know your type, Is not charmed, by show-offs, in the ranks, Nonetheless Please, lower your guard for a moment, And hear a grateful nation's thanks, It's not the battles you fight, it's signing the line, saying you will.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Mr. Speaker, I am pleased to be a cosponsor of this important bill and believe it is sound legislation that the House should adopt today. If private actors collusively controlled supply and prices in the manner that OPEC member nations do, there is no question that their conduct would be illegal as a per se violation of the Sherman Act, and they would be subject to criminal and civil liability. Typically, however, foreign states are immune from suit in Federal court. Section 1604 of title 28 of the United States Code provides that a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States, with some specific exceptions. One exception is where the suit is based upon a commercial activity carried on in the United States by the foreign state, or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere, or upon an act outside of the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that causes a direct effect in the United States. I think it is quite clear that the OPEC collusion falls within the current exception. So why is this bill, this law, necessary? A district court has held otherwise, and it is important that the Congress reaffirm that the antitrust laws do indeed apply to OPEC nations in their role as commercial actors engaging in such collusion where such conduct impacts the United States. Another obstacle to antitrust lawsuits against OPEC is the so-called ``act of state'' doctrine which has been used by the Ninth Circuit in affirming the dismissal of the case that was wrongly decided. H.R. 2264 minimizes any ``act of state'' doctrine concerns by making sure and entrusting to the executive branch the discretion whether to bring charges under this provision. A court's concern about any insinuation of itself into matters properly within the bailiwick of the political branches is mitigated when Congress, by this legislation, and the executive branch, by bringing the action, explicitly authorize judicial involvement. Much has been said about the price of gas today. It is high, and I think we all hear from our constituents about it. But there is another reason why manipulation of the market is bad for America. We know that for our long-term future we have to develop energy alternatives. We cannot continue to drill and continue to be dependent upon the Middle East for oil. So long as it is possible for OPEC to manipulate rapidly the price of crude, they have it within their power to really destroy markets for alternative energy, and therefore, make it even harder for us to escape from the oily grasp of OPEC. We need to make sure that these misdeeds are prevented by adopting this legislation. This is a good bill for consumers, for people in California that are complaining about the cost of gas. It is a good bill for those who want to move away from oil to alternative energies and who need to avoid the manipulation of the market by OPEC that for many years has kept us from that goal. I hope that this bill, which is an important first step, will not be vetoed by the President. I think it would be a shame if he were to prevent this relief for the traveling public, and also this hope for those of us who want to fight global climate change through the use and development of alternative energy sources. I thank the gentleman for recognizing me.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Mr. Speaker, I thank the gentleman for yielding to me. Mr. Speaker, last year, during the conference process on reauthorization of the PATRIOT Act, a check on executive power simply disappeared. In its place, the Republican majority overseeing the conference put in a provision removing the court from the process of appointment and authorizing the Attorney General to appoint interim U.S. attorneys indefinitely. The Senator who was chairman of the Judiciary Committee at the time said recently that he did not realize the provision was in the bill passed last year until a colleague alerted him to it last month. I don't think anyone was surprised to learn that after the investigation, the former chairman learned that the language had been requested by the Department of Justice. The language was apparently presented by a DOJ employee who is now the U.S. attorney in Utah. Before Senator Specter made these comments, the only legislative history of this amendment was one sentence in the conference report that said the new section ``addresses an inconsistency in the appointment process of U.S. attorneys.'' As we receive more information about the Department of Justice and White House interaction leading up to the dismissal of eight, now nine, U.S. attorneys, the appearance of a political basis for the removals becomes more clear. U.S. attorneys are the chief Federal law enforcement officers in their districts. We rely on them to enforce the law without political prejudice. One of the former U.S. attorneys who testified before our Judiciary subcommittee recently said that former Attorney General Ashcroft made a point in their first conversation to say that U.S. attorneys have to leave politics at the door. This bill that is before the House today would reinstate a system that encourages politics to be left at the door during the appointment process and creates a check on the system if the executive branch cannot bring itself to do that. Finally, Mr. Speaker, I have to add that I have been dismayed in reviewing some of the terms provided to the Judiciary Committee relative to communications between the DOJ. Historically the American people have been able to rely on the Department of Justice to stay above the political fray, especially when it comes to prosecutors. Watergate should have indelibly impressed this lesson upon future administrations, but clearly in this case it did not. I ask my colleagues to support this legislation and to refute Kyle Sampson's statement when he said, ``The only thing at risk here is a repeal of the AG's appointment authority. House Members won't care about this at all. All we need is for one Senator to object to the language.'' The House of Representatives does care about political independence. We do believe that the executive branch should not ignore legislative branch authority. We should refute the Department's slow march to cooperating with our oversight efforts, and we need to reinstate this important check on the executive branch authority to appoint U.S. attorneys.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Mr. Speaker, I rise in support of H.R. 1525, the Internet Spyware Prevention Act of 2007. I'm very pleased that my first stand-alone bill that will be passed in this House under the new Democratic majority is one that both protects Americans on the Internet and fosters continued technological innovation. I thank my friend, Congressman Bob Goodlatte, for working with me once again on this legislation to combat spyware. Spyware is becoming one of the biggest threats to consumers on the Internet. Thieves are using spyware and key loggers are harvesting personal information from unsuspecting Americans. It also affects the business community that is forced to spend money to block and remove it from their systems. Experts estimate that as many as 80 to 90 percent of all personal computers are infected with spyware. In short, it's a very real problem that's endangering consumers, damaging businesses and creating millions of dollars of additional costs. This is a bipartisan measure that identifies the truly unscrupulous acts associated with spyware and subjects them to criminal punishment. This bill is the right approach because it focuses on behavior, not technology. It targets the worst forms of spyware without unduly burdening technological innovation. The bill imposes tough criminal penalties on those who use spyware in furtherance of another Federal crime or to defraud or injure consumers. It also funds the Attorney General to find and prosecute spyware offenders and phishing scam artists. Focusing on bad actors and criminal conduct is preferable to an approach that criminalizes technology or imposes notice-and-consent- type requirements. You know, bad actors don't comply with requirements. The more notices Internet users receive, in fact, the less likely they are to pay attention to any of them. Seventy-three percent of users don't read agreements, privacy statements or disclaimers on the Internet. In 2005, the Pew Internet and American Life Project proved this point. A diagnostic site included a clause in one of its user agreements that promised $1,000 to the first person to write in and request the money. The agreement was downloaded more than 3,000 times before someone finally claimed the reward. We don't want to overregulate user experience. We must avoid interfering with increasingly seamless, intuitive and interactive online environments. Regulation of technology is almost always a bad idea because technology changes faster than Congress can legislate; and what we attempt to regulate will morph into something else and render useless the regulatory scheme we adopt. Legislation that attempts to control technology can also have the pernicious effect of chilling innovation by chilling investment into prohibited technological arenas. H.R. 1525 avoids these pitfalls by focusing on bad conduct, and that's why it has the broad support in my district in Silicon Valley, California. What we're doing here today is important for consumers, for businesses. It's also important for the future of our high-tech economy. I urge my colleagues on both sides of the aisle to vote in favor of this crucial legislation.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Madam Speaker, I rise because May 11 is Vietnamese Human Rights Day, and my conscience will not let me stay quiet on this very troubling issue. I also rise today to applaud the efforts of the U.S. Commission on International Religious Freedom on their recent report on the status of religious freedom in the world. I am deeply troubled by the findings of the Commission, but I can't say that I'm surprised. The Commission made the same recommendation last year: Vietnam should be placed on the State Department's list of Countries of Particular Concern because of government repression towards many religious believers. The Vietnamese government's campaign to force people to renounce their faith, their detainment of dozens of religious prisoners, and the harassment and physical mistreatment of some believers and their families amounts to inexcusable human rights violations. In Vietnam's quest to gain Permanent Normal Trade Relations with the United States, and access to the WTO, the Vietnamese embarked on a disingenuous public relations campaign to cleanse its image as a human rights violator. Secretary Rice caved in to the campaign of their communist government and removed Vietnam from the Countries of Particular Concern list. But some of us in Congress were not fooled by this advertising campaign. My constituent, Cong Thanh Do, a United States citizen, was unjustly arrested in Vietnam last August while on a family vacation. Mr. Do is no criminal. He is nothing more than a peaceful democracy and human rights activist who wrote articles that he then posted on the internet while he was living in the United States. Vietnam held Cong Thanh Do imprisoned for over a month before he was released after we pressured the Vietnamese government. Because of the evidence suggesting that Vietnam made little progress on human rights--especially given the detention of my constituent, Cong Thanh Do--I told the administration it would be a mistake to grant Permanent Normal Trade Relations with Vietnam and I voted against it. Three of Mr. Do's supporters in Vietnam were tried and sentenced yesterday for 3 to 5 years of prison each. Their crime? Promoting a multi-party democratic system in Vietnam through peaceful means and sending email communication to my constituent. After Vietnam joined the WTO, I think it is obvious that the conditions of religious freedom in Vietnam did not improved. They have worsened severely. The Vietnamese government removed Father Nguyen Van Ly from his parish and on March 30th sentenced him to 8 years in prison for allegedly conducting propaganda activities to harm the security of the state. His sentence is an outrage. Vietnamese police, on March 6, 2007, arrested a pair of human-rights lawyers, Nguyen Van Dai (``Die'') and Le Thi Cong Nhan (pronounced ``Lay Tee Kohng Nhun''), for organizing training sessions for political activists in the capital. There are many other dissidents who have been imprisoned simply for expressing their thoughts and attempting to practice their faith freely and openly. Nguyen Van Dai has since been charged with disseminating propaganda against the Socialist Republic of Vietnam, and faces up to 20 years in prison if convicted. Their trials and sentencing are scheduled for this Friday in Vietnam. Le Quoc Quan (``Lay Kwook Kwun'') and his law colleague Tran Thuy Trang (``Truhn Twee Trahng'') were arrested on the day Mr. Quan returned to Vietnam from his congressionally-sponsored National Endowment for Democracy fellowship in the United States. His arrest is not only a human rights violation, it is a calculated insult to America and specifically to the United States Congress. With all of the human rights problems in Vietnam, the question we must ask is, ``What can we do to help?'' The United States has the power to influence Vietnam on these important moral issues through the use of our many diplomatic and economic tools--if only we have the political will and moral courage to use these tools. One tool is the Countries of Particular Concern list. I believe it was a mistake to take Vietnam off the list. I agree with the U.S. Commission on International Religious Freedom that Secretary Rice should redesignate Vietnam a Country of Particular Concern. I believe the U.S. Ambassador to Vietnam, Michael Marine, should provide financial support to the loved ones of the political detainees, using the Human Rights Defender's fund. The wives of many of these political prisoners are left without any financial support. We have a moral commitment not just to these people who have been imprisoned unjustly; we have a moral obligation to relieve the financial burden that these arrests have caused for the families of the brave. Vietnam claims it has made significant progress in allowing more freedom of religion under its Ordinance on Belief and Religion, but this is simply untrue. Under this law, affiliated organizations of recognized churches may ``register for religious operation.'' In practice, however, only 2.5 percent of all house churches have been approved for registration. And of the one hundred house churches that actually have been registered, only five have been registered for religious operation. No real progress has been made. Until Vietnam makes real progress on religious freedoms and human rights, instead of paying lip service in order to get trade agreements, I will continue to press this administration to stand up for the rights of the Vietnamese people to speak their minds and practice their faith.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Mr. Speaker, this amendment is a bad idea. In 1996, I think it was Congressman Sensenbrenner who proposed the US-VISIT system. That was 11 years ago, and the US-VISIT is not yet fully implemented. That system is to biometrically check aliens who are entering the United States. I believe that to divert Homeland Security from that mission at this point would put our government at further risk. We are promised by Homeland that US-VISIT will be completely implemented at airports by the end of this year. Land ports, they're not implementing. So I think it would be a huge mistake to start some new system when we haven't even implemented the Sensenbrenner plan from 1996. I'd like to note further that in the body of the motion to recommit it suggests that it is true that the 9/11 hijackers were not admissible to the United States when they were admitted. But the inspectors at the airport didn't know that, not because of the biometric system. It was because the reasons for their inadmissibility lay in paper files on microfiche in a box in Florida. We are about to receive a technology upgrade plan from USCIS. In fact, we have been told it is sitting at OMB today. What we need to do is to implement US-VISIT, integrate it with the new technology plan that is about to be brought online. It will be a dreadful mistake for the Congress to defer a Department that is not terrifically functional as is from this vital mission by creating still another program that will not actually do its job.

Ms. ZOE LOFGREN of California. No, I will not. That will not actually do its job because we have failed to do the screening of aliens. I would thank the chairman of the committee for yielding this brief time, and I would urge my colleagues not to divert the Department from the vital mission of implementing US-VISIT.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Mr. Chairman, congratulations to Chairman Bennie Thompson for getting the DHS Authorization bill to the floor for the first time in 2 years. This authorization bill is the result of countless hours of negotiation and I would like to recognize Chairman Thompson and his staff for all their hard work. H.R. 1684 addresses the difficulties the Department of Homeland Security has faced in contracting, procurement, the morale of employees, management, and oversight. We cannot continue to sit idly by while the Department which is charged with leading the unified national effort to secure America is not operating effectively. Again, congratulations to my good friend Chairman Thompson on this accomplishment.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Madam Speaker, Juanita Millender- McDonald touched our lives in different ways. I chair the California Democratic delegation, and I can tell you that our delegation is literally heartbroken over the loss of Juanita. We meet every Wednesday as a delegation to sort through the issues that face us not just as a Congress but as a State. And although we know Juanita for her leadership in the Nation, those of us in California are very proud of the special things she did for our State. There will be an empty spot at our meeting every Wednesday. She was a trail blazer, as has been mentioned, a first so often: the first California African American woman to chair two committees in the California Assembly; the chairperson of the House Administration Committee. But when I think of Juanita, I think of someone who had tremendous dignity, tremendous style, tremendous poise. She knew that she was a first, and it was important to her that she accomplish these firsts with an eye to being a role model for young people around the country and, indeed, around the world. As Chair of the Committee on House Administration, where I also serve, she worked so diligently to make sure that every vote would be counted, that all Americans would be treated fairly and without discrimination, and she was so happy to provide that leadership as chairwoman of the committee. It is so unfair that we have lost her from that position so prematurely. Today, we mourn the passing of a great American, but we also celebrate the legacy of public service that she leaves behind. Juanita Millender-McDonald left this Chamber as she entered it, with poise and spirit, fighting for those who could not fight for themselves. Our thoughts and prayers go out to her husband, her five children, her grandchildren, and we mourn her passing, not just today but every day.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Madam Speaker, I rise to honor Mr. Charles W. Davidson, one of San Jose, California's most successful home builders and a dedicated patron of San Jose State University. Mr. Davidson is an alumnus of San Jose State University. Born and raised in Oklahoma cattle country, Davidson served 3 years in the Air Force before working as an engineer for the state highway department. In 1954, Davidson met and married Anita Wien, also a graduate of San Jose State University and they settled in Willow Glen. Davidson opened a consulting engineering company in 1960 and then in 1961 began his business in homebuilding. He founded five companies and by the 1980s he had become the biggest independent builder of subsidized housing in Northern California. While his businesses are a vital part of the area economy, Davidson is also a role model in giving back to the community. In 1992 he created a foundation that supports the arts, higher education and human services organizations. Mr. Davidson's foundation was a major contributor to San Jose State University's new athletic training facility. He chaired the fundraising efforts which resulted in a $1 million gift from the Koret Foundation. Although Davidson did not play competitive sports at SJSU, he has been a devoted fan of Spartan athletics, attending nearly every football game since 1952. For the College of Engineering at San Jose State University, Davidson has recently endowed a $2 million professorship for construction management in his field of civil engineering. Davidson is also strongly loyal to the several hundred people who work for him, providing the maximum retirement plan the government allows and overseeing the companies' pension funds himself. I am pleased to honor Mr. Charles W. Davidson for his philanthropic and business contributions to the San Jose area that I have the honor of representing.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Madam Speaker, I rise to honor and recognize the life of Tony Cortese, United States Postal Service Employee and President of the National Association of Letter Carriers Local 193. In his forty-two years as a proud and honorable employee of the United States Postal Service and twenty-seven years as the president of the National Association of Letter Carriers Local 193, NALC, Tony Cortese made a significant impact on the rights of Letter Carriers and on the well-being of his community. Mr. Cortese was a fifty-five-year resident of San Jose, California and was a tireless advocate for Letter Carriers. As President of the NALC Local 193 for nearly thirty years, Mr. Cortese procured a union owned building for the members, secured expanded health benefits, and provided an open forum for discussion for union members and Federal, State, and local politicians. Mr. Cortese's service was not just limited to advocacy for the rights of the union members, but extended into the San Jose community and beyond. Under Mr. Cortese's leadership, San Jose served as a pilot for what would become a national food drive sponsored by the NALC the first Saturday before Mother's Day. In fact, this national program, which began in 1991 and continues today, is the result of Mr. Cortese's own food drive initiative in 1990. This is but one example by which Mr. Cortese's unassuming, generous, and selfless manner made significant and positive changes in the lives of a countless number of people. Along with my Santa Clara County colleagues, Congressman Honda and Congresswoman Eshoo, and my constituents in San Jose, I am honored to pay tribute to Tony Cortese. We thank his family for supporting his work over many years and for being the source of tremendous pride for him, his wife Barbara, his daughter Caroline and son-in-law Don Bauldry, his sister Mary and brother-in-law Vince Catalano, and his grandchildren Austin and Ashley. Our thoughts are with you during your grief, and we are honored with the years of service Mr. Cortese gave to both the NALC and the United States Postal Service as well as the residents of San Jose, California and the State of California. He will be dearly missed.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Mr. Speaker, I rise in strong support of this resolution that supports our troops, but oppose the President's escalation plan. My opposition to this war has been clear and consistent. The night before I voted against the Iraq war resolution in October 2002, I stated on this floor that Congress should not grant the President power to pursue a war in Iraq for three reasons. First, Iraq was not an imminent threat to the safety and security of America, something we now know to be true. There are no weapons of mass destruction in Iraq. Secondly, we were acting without real international support. And we now know that our unilateral action proved to be disastrous to our standing in the world community. Finally, I questioned whether the President had an exit strategy. Now, 4\1/2\ years later, it is clear that President Bush did not have and still does not have an exit strategy for our troops. Even though I voted against the invasion, I never dreamt that the President's policies and course of action would be as disastrous as they have been for Iraq, for the gulf region and for America. Americans went to the polls in November to send a clear message to Congress and to the administration. They are against this war and they want a successful exit plan. Americans see that we are spending 8 to $10 billion a month to fight this war, while in our own country we have 47 million Americans without health care insurance and our national debt is almost $9 trillion. Mr. Speaker, my Democratic colleagues and I hear the American people loud and clear. They want oversight of this war. They want to know the hard facts of the situation on the ground in Iraq, instead of the rosy picture the Bush administration tries to paint. They want investigations of and an end to the shady contracting in Iraq that has given away billions of American dollars without so much as a receipt. They want assurances that our troops will be protected. Mr. Speaker, even though it was a mistake of titanic proportions to initiate this war, now that Iraq has been destabilized, what are we to do? The answer cannot be more of the same, because what we are doing is failing to have a positive impact. Our troops have performed the difficult missions given to them in Iraq with courage. Congress and the American people will continue to support them and provide them with every resource they need. 320 soldiers from my home State of California have died in this war. We can never repay our debt to their faithful service and the sacrifices made by their families. The failure in Iraq is not a failure of our fighting men and women. It is a failure of command, a failure of political leadership. We must provide our troops and their families with a new exit strategy instead of a new deployment. The civil war in Iraq is not the product of ad hoc, spur-of-the- moment individual violence. No. It is organized and it is a strategy of various political and sectarian factions in Iraq. Putting our troops in the middle of these warring factions will not end the violence. It will only put our troops in the middle of it. That notion is borne out by the fact that more than 60 percent of the Iraqi public believes that it is a good thing to attack and kill Americans stationed in Iraq. Proponents of the President's escalation plan act as if the United States has but two options: one, increase the American troops at great cost, both in human lives and financial; or, two, do nothing. But those are not the only choices. We must step up our diplomatic efforts in the region as recommended by the bipartisan Iraq Study Group. Americans should call upon neighboring states in the Middle East to take strong measures to avoid a spread of the conflict beyond Iraq. As Iraq disintegrates into sectarian violence, her neighbors must insist that the factions within Iraq halt their civil war. We need to remind the countries in the region that stability in Iraq is vital to their interests. If they want to avoid having this war spill out across the Middle East, they must step up their diplomatic efforts. With the help of the entire region, we can push the Iraqis to help themselves. Iraqi security forces must be trained in a faster pace so they can be responsible for their own country. There is no guarantee of success in Iraq, nor is there a clear definition of what success might look like; but we do have a moral obligation to make our best efforts to diffuse the chaos the war has created. The solution must be a political and a diplomatic one. Unfortunately, the President refuses to pursue the diplomatic options endorsed by the bipartisan Iraq Study Group and his own military advisors. As we saw today with the welcome news that diplomatic efforts have led to the de-escalation of tensions in North Korea and an agreement to abandon their nuclear weapons ambition, a conflict is not always the right answer to world challenges. Even General Abizaid, the outgoing top commander of the U.S. forces in Iraq, does not believe an escalation will increase our chances of American success. The American public has long been ahead of Congress in their opposition to this war. I am here today to tell the American people that they are being heard. I stand with the majority of Americans who say they have had enough. In the coming weeks and days, Congress will give the President's plan the scrutiny the American people expect and our troops deserve. It is time to bring this war to an end and time to support this resolution

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Mr. Speaker, we did not need to invade Iraq. From the beginning, I found President Bush's stated reasons for the Iraq war unconvincing. Now we know they were also untrue. At the time the decision was being sold to Congress, I was unable to get any level of assurance that there was a workable plan for victory. There weren't answers to questions like, ``What is the strategy for stabilization after the military victory?'' or, ``What is the exit plan?'' The American forces were to be greeted by grateful Iraqis bearing flowers, but I was never able to learn what plan B was if this rosy scenario did not prove out. Now we know there was no plan B. I voted against the war in Iraq, but even though I opposed the invasion, I never dreamed that the President's policies and course of action would be as disastrous as they have been for Iraq, for the Gulf region and for America. I think the real question America now faces is what is the least catastrophic end to this debacle, and how can we obtain it. Answering such a question would include options of utilizing diplomacy in the region as recommended by the bipartisan Iraq Study Group. It would include America calling upon neighboring States to take strong measures to avoid a spread of the conflict beyond Iraq as that nation disintegrates into tribal and sectarian violence. The Saudis are aware of the peril and Iran is aware of the prospects. But President Bush has once again offered a proposal based on wishful thinking instead of the unpleasant reality. Having been the cause of the destabilization of Iraq, America has a moral obligation to take what steps are possible to obtain new stability. But wanting to create stability within Iraq and being able to accomplish that goal with U.S. military forces is not the same thing. That is why I have decided to cosponsor Representative John Murtha's resolution directing the redeployment of our troops at the earliest practicable date while maintaining a quick reaction U.S. force and an over-the-horizon presence of U.S. Marines in the region. Like Representative Murtha, I feel like the solution to the war in Iraq is a diplomatic one. America is a country that doesn't take disappointment well. Our culture is one where the phrase ``failure is not an option'' just makes sense. That attitude has served us well historically in science, industry and war. But it can also lead to problems and to decisions based on wishful thinking instead of on facts. Political leaders don't want to be the ones to bring the bad news to an American public raised on the phrase ``failure is not an option.'' Some even suspect that the President's escalation plan may have as a goal running out the clock so the next President will be the one who has to deliver the bad news. Right now I think another American phrase is better for this situation: When you are in the hole, the first thing to do is stop digging. It is time to stop digging. Sending in more troops is not going to bring stability to Iraq because the primary problem between the Iraqis is political, not military. We are not going to be met with flowers by the Iraqis today, or probably ever. More than 60 percent of the Iraqi public believes it is a good thing to attack and kill Americans stationed in Iraq. We have to accept that we are part of the problem in Iraq, not part of the solution. Real leadership deals with the world as it is, not as we wish it to be. And here is something to keep in mind: The American public already knows it is time to stop digging. Now they are ready to hear Congress say it out loud.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Madam Speaker, climate change threatens the security and stability of our planet. The temperature of the earth is increasing at a rate unseen in modern times and is starting to melt the polar ice caps and disrupt weather patterns. Unprecedented levels of carbon dioxide pumped into the atmosphere by automobiles and industries, with about one-fourth of the world's carbon dioxide emissions being produced by the United States, have led to current rates of warming. Historically high gas prices and political instability in oil producing regions reinforce the need for the United States to secure our energy independence. We can make real progress by developing and distributing alternatively fueled vehicles. Through innovation and existing technology, we can reduce our dependence on foreign oil, and promote energy efficiency and conservation to secure a safe future for our country and the environment. Alternatively fueled vehicles, such as those that use E85 ethanol fuel, could reduce our use of petroleum fuels by up to 40%, helping our country move towards sustainable energy independence. E85 ethanol fuel can be produced from agricultural products grown here in the United States, so that money spent on fuel supports farmers in the Midwest, not countries in the Middle East. Corn may not be the only answer to biofuels, as other sources of energy such as switchgrass or other renewable starch re-sources are also on the horizon. Congress must do more to make alternative fueled vehicles practical and accessible to every American. There are currently only six million E85-capable vehicles on U.S. roads, compared to approximately 230 million gasoline- and diesel-fueled vehicles, according to the National Ethanol Vehicle Coalition. Only 993 fuel stations in the entire country currently provide E85 fuel, and only four of these are located in California. That is why I am again introducing this bill to encourage consumers and manufacturers to develop the infrastructure necessary for a cleaner energy future. We must do more to make alternatively fueled vehicles practical and accessible to everyone. The cost of producing flex fuel capable vehicles is minimal at the time of manufacture, but there are currently few incentives for the production of flex fuel vehicles and a lack of infrastructure to service them. My bill will encourage the production of more alternatively fueled vehicles by phasing in a tax penalty on the manufacture or import of new, non-flex fuel vehicles. However, since the cost to convert fleets to flex fuel is nearly nil, it will be easy for manufacturers or importers to avoid these costs completely. Any revenues generated would be used to help independent gas station owners install alternative fuel equipment. I would like to thank Speaker Pelosi for her hard work and dedication to increase investment in renewable energy and ultimately achieving energy independence. I hope this bill can be a part of the crucial national dialogue towards securing our energy independence and helping America move towards a more secure and sustainable future.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Mr. Speaker, unfortunately the Republican Chairman of the Ways and Means Committee introduced a 259- page trade bill that was delivered too late for most of us to really study. Many of us have not had a chance to thoroughly read the bill, let alone participate in committee hearings or a markup on the bill. Even though we are on the House floor tonight getting ready to vote on a bill we know very little about. Tucked away on page 74 of this 259-page bill is what appears to be a small provision on extending permanent normal trade relations (PNTR) with Vietnam, a bill that failed in the House last month. Although I support some provisions in the bill before us, I am voting against H.R. 6406 because the PNTR provision does not do anything to improve human rights conditions in Vietnam. We have a unique opportunity to significantly affect the state of human rights and political and religious freedom in Vietnam. It is a mistake not to use the leverage of PNTR to begin to gain these improvements in Vietnam. Just two months ago, the Vietnamese government arrested my constituent, a U.S. citizen, Cong Thanh Do. Mr. Do had posted comments on the internet while at home in San Jose, California advocating that Vietnam undergo a peaceful transition to a multi-party democracy. For exercising his U.S. Constitutional right of free speech, the Vietnamese arrested him and held him in prison for 38 days in Vietnam without charges. Other U.S. citizens have been imprisoned in Vietnam for what appear to be political reasons, including the sister of another one of my constituents, Thuong Nguyen ``Cuc'' Foshee, who was also released after pressure from U.S. legislators in the time before consideration of PNTR. These Americans were freed, not because Vietnam had a sudden change of heart on human rights in their country, but precisely because they care so deeply about gaining permanent normal trade relations with the U.S. Given this experience, we know Vietnam is willing to make changes on human rights if we demand it in exchange for PNTR. Sadly, although both Mr. Do and Ms. Foshee are free today and back in America, I am concerned about hundreds of Vietnamese nationals as well as other U.S. citizens imprisoned in Vietnam. The Vietnamese government has repeatedly violated human rights. Hundreds of Vietnamese have been imprisoned, put under house arrest, or placed under intense surveillance for simply practicing their religion or speaking out about democracy and human rights in Vietnam. Following his return to the U.S., Mr. Do provided me a disturbing list of over 130 Vietnamese nationals and U.S. citizens he believes are currently imprisoned in Vietnam as prisoners of conscience or harassed by the government for simply speaking about democracy and human rights. In addition, groups such as the Human Rights Watch have published reports of 355 Montagnard prisoners of conscience currently imprisoned in Vietnam. I am not alone in my concerns about Vietnam's human rights record. The Department of State, the U.S. Commission on International Religious Freedom, Amnesty International, the Committee to Protect to Journalists, and various Vietnamese-American groups have documented egregious violations of religious freedom, human rights, and free speech in Vietnam. I have been a supporter of international trade. But I also know that the Vietnamese Government would correct their behavior in order to perfect a trading relationship with the United States. Given the alarming human rights violations currently underway in Vietnam, it seems a mistake for our country to grant PNTR to Vietnam without requiring that the Vietnamese government make significant improvements in respecting human rights, free speech, and freedom of religion. The United States of America has a long and honorable tradition of safeguarding freedom and human rights throughout the world, especially with our trading partners. We should not make an exception for Vietnam. At a time when we are spending 8 to 10 billion dollars a month and shedding the blood of our American servicemen and women proclaiming the cause to be democracy for Iraq, how is it that we can fail to use our mere economic leverage to try to achieve human rights in Vietnam? With Vietnam's strong interest in PNTR, Congress has a unique opportunity to bring about substantive improvements in human rights. We should not pass up this one-time opportunity by sneaking through PNTR in a 259-page bill that was just introduced yesterday in the last week of a lame duck Congress.

Ms. ZOE LOFGREN of California

Ms. ZOE LOFGREN of California. Madam Speaker, I will be brief. This bill, or its predecessor bill, H.R. 3369, was not approved when it was brought before the Congress in 2004. It was defeated. And the reason why I believe it was defeated was the concern that, although probably well intentioned, it provided liability relief from predators, from child molesters. Now, I believe the law professor when he did the analysis. And as the letter is in the record, he cites the cases and does a proper analysis that negligence that results in child molestation would be protected under this bill. We surely cannot be wanting to do that here as this Congress closes. Now, I have raised this issue in committee. I was, frankly, rather shocked to see this bill on the Suspension Calendar. As Mr. Conyers has mentioned, we have not had a wonderful record here in the 109th Congress of doing the right thing to protect children from sexual predators. Let's not compound that problem by enacting this bill today. I urge all of us to vote against it. And I will say also that in the 110th Congress we should work in a proper way to achieve the goals of supporting Little League and the other organizations, while not letting down the children of our Nation and letting them be victimized by child molesters and sexual predators.

Ms. ZOE LOFGREN of California. I yield.

Ms. ZOE LOFGREN of California. The letter from the National Alliance to End Sexual Violence is dated December 5 of this year, and the letter from the law professor is dated December 4 of this year.