temporary on this day signed nancy pelosi speaker of the house of representatives the prayer will be offered by the guest chaplain the reverend james t golden ward temple a m e church brandon florida us pray god omnipotent god a mission to god on the present we thank you for your mercy that gently awakened us this morning for another day of service to our nation and we thank you for your grace that will empower us to overcome any challenges we will face we pray now for our president and all of our fellow servants in federal state and local government across the land let via will be done today in everything they see everything they utter everything they hear everything they fake and everything they feel we also pray for our vigilant valiant armed forces as they protect our interests defend our liberty and secure justice at home and abroad in selfless sacrifice for our country or god our help in ages past god of our weary years god of our fallen heroes god who has brought us thus far along the way oh god our hope for years to come keep our nation for ever and that path of goodness and righteousness we pray man in the chair his exam the journal of the last days preceding and announces to the house his approval thereof pursuant to clause one of rule one the journaled stands approved the pledge of allegiance will be led by the gentlewoman from north carolina ms fox with everyone please join in the pledge to our wonderful flag i pledge allegiance to the flag of the united states of america and to the republic for wh the gentlewoman from florida is recognized that objection mr speaker i rise today to recognize a wonderful man in my constituent the reverend james t golden of the world war temple i am a church in breynton florida he is the guest chaplain of the house of representatives reverend golden is a pillar of the tampa bay community with a long record of public service and dedication in the year two thousand he was elected to the breynton city council which he continues to represent with distinction reverend golden is a veteran of the united states army he received a bachelor's degree in business administration from stetson university in deland florida and was went on to become a master of divinity from the internet denominational theological center in atlanta he returned to florida to attend the university of florida and doctorate reverend gold in a shared his great knowledge and insight with students throughout florida and he ministers to the congregation of the ward temple in breynton and served his community through many nonprofit organizations he's joined today by his wife mildred nephew kareem and niece lee a ha i'm proud to stand in recognition of his accomplishments in leadership today thanking the chair will entertain up to ten requests for one minute speeches for what purpose does the gentle lady from california  without objection thank you good morning mr speaker and members earlier this week the world came together at the united nations to discuss the need to take action against climate change the united nations secretary general stated quote i am convinced that climate change and what we do about it will define us our era and ultimately the global legacy we leave for our future generations unquote missing from the discussion however was none other than the united states rather than engage the bush administration continues to burry its head in the sand organizing summits to discuss aspirational goals and ignoring real science the science a certain human activity impacts human security and without a mandatory agreement the costs of climate change will continue to be socialized business as usual cannot go on we must commit to mandatory reductions in order to protect health environment and security around the world our cities states and democrats in congress are leading by example i hope you ministration will join us and our colleagues on the other side of the aisle vulnerable communities in the united states senate and around the world deserve nothing less what purpose the gentle lady from north carolina rise from mission to address the house for one minute revising then my remarks without objection thank you mr speaker i rise today to pay tribute to one of the finest oldest logistic companies in the state of north carolina holland transfer company in statesville north carolina embodies the ethic of good business separates great companies from the rest this week on transfer celebrates its one hundredth anniversary its longstanding commitment to running a customer service centered business this company is transporting goods to materials for north carolina businesses since one thousand nine hundred seven and is the oldest carrier in the state in the one hundred years since its founding holon has built built a strong reputation as a company that its customers can depend on to provide high quality service without having to worry about getting shortchanged not many companies reached such a one hundred year benchmark in fact transfer company began with a team of horses and a single wagon that its founder s r holland envisioned a company that today is a major part of the state for community today holland transfer embodies christian values is part of its company character these values are an integral part of what is made holland transfer successful for one hundred years i wish this fine company and all its employees all the best ladies time any more years of doing business the right way it's businesses like collin transfer that make this country great what purpose a gentleman from florida arise without objection the speaker i rise to put the spotlight on an ominous trend in our region a rainy and president m global terror is too close for comfort i rise to urge our friends in latin america to refuse the iranian president's advances and see him for what he is a bully who disregards international will and who and who ignores our efforts against argentine jewish community center shows that the iranian presence in latin america has been dangerous in the past this week argentina called on the un general assembly to urge iran to more fully cooperate with the investigation so that justice can finally be served for this heinous act of terrorism coming from south florida florida where i live when something happens in latin america we feel it my district has many economic and familial ties to latin america a gentleman is recognized when i traveled in rural missouri a number of years ago i had a favorite truckstop and on the wall of monk the different things they sold was a picture of a little john deere green wagon with yellow wheels democrat leadership here there we've got one hundred thirty thousand troops in the field and they've already declared defeat and i'm that kind of wonder you push or pull on back there and then we have you unanimous consent for general petraeus and before we can deliver the report that the democrats asked to have delivered their savaging him in the new york times is general betray us and i'm thinking you push interpol and back there and now we're talking about affording all kinds of special rights to terrorists that are in jail and makes me think one more time by golly guys are you pushing or pulling back their what the purpose is gentle lady from new hampshire eyes so ladies recognized yesterday there was a resolution before the house which i voted for and the reason i voted for it was because it stated it expresses our appreciation talking about jam protgs for his personal sacrifices and those of his family as well as the sacrifices of those who served in the armed forces and their families i too had a husband served in the armed forces and i was a family member and so i supported that but here's what i have trouble they went on to attack move on dot org saying such unwarranted attacks should be strongly condemned by republicans and democrats alike in the house i too would like to improve the tone here in this house i would like to see civility but they forgot to mention something in that resolution they forgot to condemn the swiftboating they forgot to condemn the comments against senator max cleland and other veterans who serve this country honorably as well i wait for a new resolution that condemns behavior in both sides of the aisle attacking all veterans some all political  support free speech for what purpose a gentleman from south carolina  without objection mr speaker i rise today to recognize the brain injury alliance of south carolina and to thank them for their service in raising public awareness of brain injuries latest of this cause have been my longtime friends lyman and joanne white mo an estimated one point four million american sustain a brain injury early injury yearly and particularly in particular many of our brave men and women serving in the central front of iraq and afghanistan have experienced some form of child matic brain injury it is vital that we do all that we can to treat our veterans just as which rest the needs of civilians living with this condition the brain injury alliance is helping to lead the way in informing the public of the dangers of this injury injury and what can be done to help individuals rehabilitate their public awareness campaign uses different forms of media and comedian community outreach to ensure that citizens are well educated on this issue thousands of individuals and their families will surely benefit from this thoughtful assistance and conclusion god bless our troops who will never forget september the eleventh what purpose the gentleman from tennessee rise not objection thank you mr speaker yesterday there was a continuing resolution with a motion to recommit that attacked move on dot org i voted against that resolute motion to recommit and i did it because it attacked the first amendment there's a tradition in this house that we address conduct and not speech speech which is protected by the first amendment that flag in the constitution the bill of rights now we start to attack speech and don't attack other speech by implication we approve of the other speech this house by not attacking don imus for his statements about african american women this house by not attacking the individual who questions max cleeland citizenship or his his honor this house that did not condemn rush limbaugh and his statements about senator hagel and michael j fox or jerry falwell and pat robertson who questions people who are gay and lesbian and feminist for the attacks on katrina when we attack one mr speaker bruce hammond came to washington d c yesterday he traveled here with the twilight wish foundation to have his lifetime bizarre to see the world war two memorial granted bruce hammond was an eighteen year old drafted right out of high school in  four and served honorably in the united states army in europe hammond from cleveland texas had his wish fulfilled through the twilight wish foundation the mission of this foundation is to demonstrate care and respect force seniors in america it grants wishes for seniors on fixed incomes who are below the poverty level some wishes are as simple as supplying a here and a ham and wanted to see our country's tribute to world war two veterans corporal hammond spent most of yesterday at the memorial with his sons in solemn tribute and reflection of his buddies back world war two i came in the twilight foundation for working to honor our seniors and we shall always remember our greatest generation and their sacrifice and service to this country and that's just the way it is what purpose a gentleman from arkansas rise without objection the gentleman is recognized mr speaker i'm pleased to stand here today with my colleague from arkansas to honor and remember a fellow arkansan who dedicated his life to serving the public and upholding justice across our great nation texarkana native judge richard arnold spent his lifetime in the court system from the u s district distinguished legal career in the federal court system i am proud that the new united states federal courthouse in little rock arkansas which will be dedicated tomorrow will be forever named the richard sheppard arnold united states  courthouse george judge arnold was admired for his fairness and will be forever remembered as a dedicated public servant who cared deeply about his family his work his state and his country i'm honored to deliver these remarks as a tribute to his life and career and with that mr speaker i yield back the balance of month for what purpose the gentleman from texas rise without objection the gentleman is recognized miss baker all rise to commemorate the sixtieth anniversary of the united states air force time and again the brave men and women of the united states air force  answered the call of duty to serve and protect this great nation it's because of them that we have the best air force in the world and they will continue to expand that legacy of true excellence and air dominance as a twenty it's my honor to congratulate them on sixty years of exemplary service and wish them many more years of air superiority to come they all are shining examples of service before self one corps motto of the air force they protect the safety and security of all us citizens as a say in our song nothing will stop the u s air force god bless all men and women of the united states air force i salute you for what purpose a gentleman from massachusetts rise without objection this week the world convened at the united nations to combat climate change but president bush stayed away while the rest of the world knows that carbon dioxide threatens the planet this administration can't even decide if it in danger is a planet president bush's response is not action but talk and stead of stopping the pollution he stocks up filibuster president bush has decided to host a conversation to discuss his aspirations for pro kras the nation on global warming until he leaves office it is time for america to save the planet from another fifty years of red white and blue c o two it is time for america to use a its no logical genius to launch a new future of clean power new jobs and lower costs we have no choice the ice is melting the coral is dying the forests of burning and thirty percent of all species are in danger of extinction president bush it is time to stop the entry m m p rhetoric and to start saving the planet for what purpose a gentle lady from tennessee r objection thank you mr speaker a couple of weeks ago i introduced the charlie norwood clear act which targets violent criminal aliens and gives local law enforcement the tools they need to get them off the street this legislation now has bipartisan support and has one hundred forty sponsors co sponsors and we are adding to that you know last week i conducted a telephone town hall and the overwhelming majority of the callers on that phone call demanded that congress take action take some action not just talk about removing criminal aliens but take action to get them off the streets this ability promptly has that goal and mr speaker is we hear about the events that have taken place since september eleventh fort dix new work and in arizona recently we know it is needed so i encourage my colleagues co sponsor the clear act h r thirty four ninety four support ridding our streets in our communities of criminal aliens in obscure unders i yield back what purpose a gentleman from illinois rise one minute without objection gentleman is recognized as speaker yesterday defense secretary gates requested forty three billion more dollars for the war in iraq forty three billion more dollars to support the president's plan for more of the same we have spent four hundred billion dollars in four years in the war in iraq for forty one days of the cost of the war ten million children will get health care for one month for the cost of the war seven and a half million children would get health care for one week the cost of the war two and a half million children would get health care while billions have gone unaccounted for in iraq and the administration has shown no willingness to do what is necessary to crack down on the waste fraud and abuse in iraq the president calls health care for america's children excessive spending the president is asking for an open ended open wallet committed to iraq and yet he's told america's children you're on your own i want you to think about this there's been three vetoes in president bush's seven years one degree deployed for iraq one to permit stem cell research and one to give ten million children health care and it says it all about the president and his priorities for what purpose the gentleman from nebraska arise and without objection the gentleman's recognized mr speaker i rise today to commend the f f a commonly known as the future farmers of america on the news that for the first time in twenty nine years their student membership has passed five hundred thousand students it is encouraging to see groups like the f f a growing and adding new members to the f f a young people in rural and urban areas alike are able to understand agriculture as economic social and environmental impact on all americans as well as agricultural history agriculture is not so much of a vocation as it is a way of life owning and operating a farm or ranch is a labor of love costing time money risk and other investments far above most careers f f a prepares the next generation of our nation's family farmers as they step up to the plate simply put agriculture matters i'm proud to represent the third district  objection mr speaker this week the select committee on global warming held two events that starkly presented the consequences of climate change and showed us the way forward to prevent them wildlife life officials from alaska showed pictures of polar bears and other species struggling struggling to survive as the ice literally melts under their feet the committee heard the gripping testimony of mayor stanley talk to whose villages smersh alaska is literally being wiped away by climate change he showed footage of severe storms that polar ice once used to defend his village from hundreds of feet from shore of shoreline lost during a single storm and homes collapsing into the sea we need to act to keep smersh alaska from being a harbinger for our communities around the continental united states the next day un special envoys on climate change discussed how secretary ban gathered over one hundred fifty countries in the largest discussion ever of climate change and they testified of the need to change energy policy and bring emissions under control we must act by passing the energy bill and taking real action on carbon control the stakes are too high for soft non and forcible goals  for what purposes gentleman from connecticut writes for the gentleman from new jersey not objection tillman's recognized as the speaker last week president bush once again threatened to veto a bipartisan we cannot roll back the clock on the program that has helped to ensure children who need it most to have a healthy start in life mr speaker republican and democratic governors alike recognize the importance of this program i hope the press and it will listen to these governors and reconsider his beetle but right thank you for what purpose the gentleman is recognized i rarely address this chamber for one minute but i cannot remain silent over the fact that seventy nine members of this chamber refuse to condemn the accusation of move on dot org that general petraeus who has given three years of his life in service to our country in iraq has betrayed us he had a message of hope and a recommendation that we not leave the iraqi iraq too quickly whether you agree with the general who commands our troops he and the troops he commands deserve to know that all of us in congress appreciate his service and will not be silent to such outrageous charges move on dot org and say whatever it wants but freedom of speech does not mean congress must remain silent for what purpose does the senior member from arkansas rise gentleman is recognized for sixty seconds people arkansas who knew of judge richard arnold admired and respected his great legal minds integrity and remarkable attributes as a human being everyone who personally knew him liked him not even those who disagree with him found fault with judicial demeanor nor his legal analysis now we have an opportunity to honor this great man tomorrow in little rock will be the formal dedication of the richard sheppard arnold united states courthouse a wonderful new facility not only will this building be a great site for justice settle arkansas but will be a lasting tribute to judge arnold and on this day also we honor his wonderful wife kay kelly arnold who will be in attendance at tomorrow's dedication you'll back as for what purpose does the gentleman from california arise speaker by the direction on the committee on rules i call a pos resolution six eight two and ask for its immediate consideration the clerk will read the report resolution house calendar number one twenty four house resolution six eighty two resolves that any time after the adoption of this resolution the speaker may pursuant to clause to be of rule eighteen to clear the house is often to the committee of the whole house on the state of the union for consideration of the bill h r thirty five sixty seven to amend the small business investment act of one hundred fifty eight to expand opportunities for investments in small businesses and for other purposes the first reading of the bill shall be dispensed with all points of order against consideration of the bill are waived except those arising under clause nine or ten of rule twenty one general debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the committee on small business after general debate the bill shall be considered for amendment under the five minute rule the bill shall be considered as read all points of order against provisions of the bill are waived notwithstanding clause eleven of roll eighteen no amendment to the bill shall be in order except those printed in the report of the committee on rules accompanying this resolution each such amendment may be offered only in the order printed in the report may be offered only by a member designated in the report shall be considered as read shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opulent shall not be subject to amendment and shall not be subject to a demand for division of the question in the house or in the committee of the whole all points of order against such amendments are waived except those arising under clause nine or ten of rule twenty one at the conclusion of consideration of the bill amendment the committee shall rise and report the bill to the house with such amendments as may have been adopted the previous question shall be considered as ordered on the bill and amendments there to final passage without intervening motion except one motion to recommit with or without instruction section two during consideration in the house of h r thirty five sixty seven pursuant to this resolution not withstanding the operation of the previous question the chair may postpone further consideration of the bill to such time as may be designated by the speaker the gentleman from california is recognized for one hour mr speaker for the purposes of debate only i yield the customary thirty minutes the gentleman from washington mr hastings alltime yielded during consideration of the rules for debate only a yield myself such time as i may consume and i resolution six eighty two provides for consideration of h r thirty five sixty seven the small business investment expansion act of two thousand and seven under a structured rule as the clerk reported the rule provides for one hour of general debate equally divided and controlled by the chairman and ranking minority member of the committee on small business the rule waives all points of order against consideration of the bill except for clause nine and ten of rule twenty one the makes in order all three amendments that were submitted for consideration that are printed in the rules committee report accompanying this resolution finally the rule provides for one motion to recommit with or without instructions mr speaker the small business administration states that it helps america it helps american start and build and grow business lately however the small business administration's actions have spoken louder than their words and unfortunately s b s actions have not spurred innovation and development but stifle them given the high cost of purchasing additional capital assets small businesses are dependent upon financing which typically comes in the form  venture capital or angel investments despite the s p s intent its investment programs of fallen short and the needs of small business have gone unmet in fact due to s b a as ineffective investment programs small businesses are now faced with more than sixty billion dollars in unmet capital needs this is a tragedy small businesses form the backbone of our economic growth in are responsible for creating three out of every four jobs in the united states imagine how many businesses could grow and how many jobs could be created if we could do deliver even a fraction of that unmet need for small businesses are vital to our economy and we cannot afford to build excuse me we cannot afford our budding entrepreneurs to be denied the opportunity to succeed by making the s b a and efficient partner in business development small businesses will be will have better and more widespread access to venture capital and angel investments that they need mr speaker the bill before us today h r thirty five sixty seven has strong bipartisan support it passed the small business committee by a voice vote among other things h r thirty five sixty seven streamlined the small business investment company program last year this public private partnership leverage more than twenty one billion dollars to over two thousand small businesses however the current leverage limits are overly complex and the heavy reliance on debt based lending programs has hampered the investment in veteran minority and women owned businesses h r thirty five sixty seven will simplify how leveraged caps are calculated and revise the limitations on aggregate investments to increase small businesses investment opportunities in addition it provides incentives to target veteran minority and women owned businesses second to villa updates the new markets venture capital program this program was established specifically to address the unmet equity needs of low income communities however this program has been woefully underfunded and as a result investment and low income communities has suffered h thirty five sixty seven expands the new market venture capital program and provides additional incentives for small manufacturing companies in low income areas this will be in specially important two areas like those in my district in merced said county third the bill establishes a new office of angel investments to focus on increasing equity investments and small businesses angel investors are high net worth individuals who invest and i and support startup businesses in their early stages of growth and currently account for creation of more than fifty one thousand new jobs every year excuse me fifty one thousand new businesses every year h r thirty five sixty seven promote this crucial source of financing for entrepreneurs through the creation of an angel investment program with an s b a as investment division this new program provides matching financing leverage to eligible angel groups with ten or more investors the bill also directs the s b a to create a federal angel network a searchable directory of angel groups on the s b a website to better match up angel investors with small businesses seeking financing the bill also addresses many deficiencies in the security bond program to assist small businesses in obtaining and back the backing they need to compete for construction contracts mr speaker this bill reflects democratic commitment to providing real solutions to remove the obstacles facing america's small business owners innovators and entrepreneurs i would like to thank the small business committee for their hard work and thoughtful work and bringing its legislation to the floor today in particular i extend my thanks to my good friend from pennsylvania mr out mire and chairwoman of alaska's mr speaker we all recognize the importance of small business to our economy and we must act on this bipartisan bill without further delay mr speaker i reserve the balance of my time german reserves for what purposes gentleman from washington rise thank you mr speaker i want to thank the gentleman from california my good friend mr cardoza freel me the customary thirty minutes and i yield myself as much as much time as i may consume gentleman is recognized this is speaker as a former small business owner i recognize the need for legislation to help update in streamline small business administration programs and leverage new investment strategies in order to expand small business investment however we must also make a commitment to small business that tax relief measures passed the house several years will not be a should not be allowed to expire at the end of this year with a month left before congress is targeted germinate and just three months left in two thousand and seven small businesses are depending on congress to act quickly renew tax relief which is allow them to create more jobs and grow helping america's economy grohl at the same time tax relief and reduce regulatory burdens can make all the difference whether a small business is profitable at the end here or is forced to close its doors as a speaker yesterday the rules committee adopted a structured rule for consideration of h r thirty five sixty seven the small business investment expansion act of two thousand and seven while this rule makes all submitted amendments in order i believe the underlying bipartisan bill that is supported both by the chairman and ranking member of the committee on small business should have been considered under an open rule on the house floor today yesterday the ranking member mr dreier on the rules gave the democrat majority on rules an opportunity to double the number of open rules that this body has heard other than appropriation bills reported from the committee this congress unfortunately democrat members of the rules committee deny bringing the underlying bipartisan bill to the floor under an up open rule process thus only to its  speaker only to a four hundred thirty three members the house will be able to offer amendments on this bill today while this is disappointing it unfortunately is not an unusual practice of this rules committee despite promises deal back my time i am prepared to close mr speaker i yield myself the balance of the time i speak earlier this year house rules were adopted that required a disclosure and allow members to challenge earmarks in appropriation bills however under current house rules earmarks and authorization bills and tax bills do not have to be this close and are not allowed to be challenged this loophole needs to be close and i am going to give my colleagues in this house another opportunity to send a strong message to american taxpayers that we are serious about earmark transparency there for all of the asking members who oppose a previous question so th rule to allow for immediate consideration of house resolution four seventy nine the earmark accountability rule by defeating the previous question we will be able to address earmarking for civility in order to restore credibility to this house by considering an approving house resolution four seventy nine we will send a strong message to american taxpayers that the house will no longer turn its head the other way when it comes to transparency of earmarks as my colleague lincoln  larger observe yesterday there's been a good week for earmarks in a bad week for transparency we have an opportunity to change that and i hope a democrat majority will not will not make this another missed opportunity to make good on their promises to seek earmark transparency to american taxpayers so mr speaker i ask unanimous consent to have the text of the amendment and extraneous material inserted into the record prior to the vote on the previous question in fact we had opted every amendment that was presented to the rules committee and brought it to the floor today there were three amendments offered all three amendments will be for that will be before the house today and the question on a small business committee that deals with the wide diversity of that small business can impact really allows under the house rules and the germane this rules that almost any measure not related to this bill but almost any measure could be brought to the floor under an open rule well jim i know it's much more appropriate for the rules committee to manage the debate in the time spent on this house floor by asking all members to submit their amendments that they might want to put forward on this particular bill and debate them in a orderly fashion a gentleman here and that's why the committee adopted the rule that it did a structured rule to manage the floor in an appropriate way and gentleman you i don't wish to yield at this time the second question is on th the question of earmarks that the gentleman raised and i just like to refer to page twenty four of the report submitted to the house that accompanies this bill and cla fourteen is a statement of no earmarks and i should read that the house at this time it says pursuant to clause nine of rule twenty one h r thirty six six thirty five sixty seven does not contain any congressional earmarks limited tax benefits or limited tear benefits as defined in clause ninety nine in the or nine af of rule twenty one the statement is very clear that there are no earmarks in this bill mr speaker the democrats believe that small businesses are funded a fundamental part of our nation's economic growth and the government has a responsibility to provide increased investment opportunities to ensure their long term successes r thirty five sixty seven creates a renewed focus on minority owned small businesses and small businesses in low income areas both of which have been traditionally faced with difficulty in gaining access to equity investment it also paves the way to better serve thousands of small businesses and give much needed jolt to our economy mr speaker we must continue to shepherd our small businesses to give them every opportunity to succeed for today and for tomorrow's yet to come this bill will move us in that direction and small businesses will be that much closer to making their dreams of pro prosperity a reality with the passage of this bill mr speaker i urge you yes vote on the rule and on the previous question i yield back the balance of my time and i move the previous question on the resolution all time is expired the question is on ordering the previous question those in favor say  rise a sufficient number having arisen the asian nasar ordered pursuant to clause eight of rule twenty further proceedings on this question are postpone twenty five house resolution six eighty three resolved that at any time after the adoption of this resolution the speaker may pursuant to clause to be of rule eighteen declare the house resolving to the committee of the whole house on this date of the union for consideration of the bill h r thirty one twenty one to reste or financial sovereignty of the national flood insurance program and to provide for such programs to make available multi peril coverage for damage resulting from wind storms and floods and for other purposes the first reading of the bill shall be dispensed with all points of order against consideration of the bill are waived except those arising under clause nine or ten of rule twenty one general debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the committee on financial services after general debate the bill shall be considered for amendment under the five minute rule the amendment in the nature of a substitute recommended by the committee on financial services now printed in the bill modified by the amendment printed in part a of the report of the committee on rules accompanying this resolution shall be considered as adopted in the house and in the committee of the whole the bill as a man good shall be considered as the original bill for the purpose of the men of further amendment under the five minute rule and shall be considered as read all points of order against provisions amendment may be offered only in the order printed in the report may be offered only by a member designated in the report shall be considered as read subbie debatable for the time debatable for the time specified in the report equally divided and controlled by the proponent and enough alone it shall not be subject to him and then and shall not be subject to a demand for division of the question in the house or in the committee of the whole all points of order against such further amendments are wa arising under clause nine or ten of rule twenty one at the conclusion of consideration of the bill for amendment the committee shall rise and report the bill as amended to the house with such further amendments as may have been adopted the previous question shall be considered as ordered on the bill and amendments there to do a final passage without intervening motion except one motion to recommit with or without instructions section two during consideration in the house of h r thirty one twenty one pursuant to this resolution not withstanding the operation of the previous question the chair may postpone further consideration of the bill to such time as may be designated by the speaker for what purpose a gentleman from california wrote that the gentleman is for the rule is state state your point please the speaker i raise a point of order against consideration of the resolution because it violates clause nine b of house rule twenty which states that it shall not be in order to consider a rule or order that waives the cation of clause nine day of house rule twenty one the earmark disclosure rule the rule waives the application of the remark disclosure rule against the amendment printed in part a of the rules committee report your member is self executed by the rule and therefore evades the application of clause nine i doubt that the self executed amendment contains any earmarks however there is no statement in accordance with rule nine that it does not clause nine a of rule twenty one it is correct that clause nine b of rule twenty one provides a point of order against a rule that waives the application of the clause point nine a nine a point of order claus nine a of rule twenty one provides a point of order against a bill or joint resolution a conference report on a bill or a joint resolution or a so called manager's amendment to a bill or joint resolution unless certain information on congressional earmarks limited tax benefits and limited tariff benefits are disclosed but this point of order does not lie against an amendment that has been self executed by a special order of business resolution house resolution six eighty three self executes the amendment recommended by the committee on financial services modified by the amendment printed in part a of the rules committee report because clause nine a rule twenty one does not apply to such an amendment house resolution six eighty three has no tendency to waive its application and the point of order is over your ladies recognize i also ask unanimous consent that all members be given five legislative days in which to revise and extend their remarks on house resolution six eighty three without objection mr speaker house resolution six eighty three provides for consideration of house resolution thirty one twenty one the flood insurance reform a modern nation act of two thousand and seven under a structured rule as a clerk reported the rule provides one hour of general d b a control by the committee on financial services that are always all points of order against consideration of the bill except clause nine in tanna rule twenty one the rule also makes an order the substitute reported by the committee on financial services modify the a part a of the rules committee report as an original bill for the purpose of amendment this out executing amendment in part a would ensure that the bill complied with the new pay go requirements the room makes an order the thirteen amendments printed in the rules committee report with each amendment debatable for ten minutes as yesterday's debate and rules committee demonstrated members on both sides of the aisle are focused on getting this bill to conference and onto the president's de and this rule reflects that consensus as a representative of a district in a flood plain i understand the need for a healthy flood insurance program my home town of sacramento is the most at risk river city in the nation whenever i talk about our efforts to improve sacramento its level of flood protection i also mentioned the importance of flood insurance if you live behind a levee you should have flood insurance and the fed government has a responsibility to promote this kind of coverage i also recognize that to accomplish this we need a healthy and robust national flood insurance program that is why the legislation today the flood insurance reform modernization act is so significant through this legislation we will meet our responsibilities we will ensure coverage is available to those at risk and we will educate those same individuals as to the benefits of flood insurance this bill which is report out of the financial services committee by a bipartisan majority of thirty eight to twenty nine takes us in that positive direction in the aftermath of hurricane katrina the deficiencies in the program were laid bare who remain was a program twenty five billion dollars in debt with a questionable future it isn't parroted that we rebuild and reform the federal flood insurance program for many americans owning assurance to protect against the flood is more valuable than coverage in case of fire that is because homes in a designated special fund has an area are almost three times as likely to be destroyed by flood as by fire and this is the case for almost three fourths of all homes and sacramento this is an important program that must be we form to ensure its long term stability and solvency it's the bill we are considering today makes reasonable we form a lays the foundation for a stronger and improved flood insurance program and for that i would like to think chairman barney frank and chairwoman waters for their leadership on the bill this bill takes important steps to modernize the flood insurance program it raises maximum coverage limits to keep up with inflation it provides coverage for living expenses as we have today kate your home and also provide optional coverage for basements and business interruption coverage for commercial properties these are all positive steps that will allow the program to continue to provide peace of mind to those impacted when the flood occurs in moving forward congress is also making the flood insurance program sustainable the bill tightens and forstmann a purchase requirements and subsidies on vacation homes second homes and businesses while these actions may not be popular this will help in the great program in the long run in addition to helping homeowners this measure will also benefit taxpayers nationwide by preventing insurance companies from putting their liability on the federal government as expense of the american public by identifying flood hazards managing flood plains via land use controls and building requirements and providing insurance protection this essential program reduces flood loss expenses to the federal government saving taxpayers an estimated one billion dollars a year this measure provide much needed reforms to ease door solvency to a program that has faced unprecedented financial strain in the wake of the two thousand by hurricanes this bill increases accountability  federally regulated lenders by imposing stricter penalties on those lenders that fail to enforce mandatory flood insurance purchase requirements on mortgage holders this takes our country in the right direction by encouraging individuals to purchase flood insurance while also addressing the needs of the program i would also like to express my sincere thanks to chairman frank for working with me this past year on issues that i believe make this a stronger overall bill i appreciate the chairman include my legislation for that insurance community outreach grant program act of two thousand and seven in this bill this grant program works a little over two years ago with the support of a hundred sixty two thousand dollar fema grant my local flood protection body the sacramento area flood control agency conducted just a flood insurance outreach initiative safeco reach out to more than forty five thousand and f i p policyholders in the american river flood plain with impressive results after a year seventy four percent maintain their flood insurance policies of this group forty three percent now carry preferred risk flood insurance p provide property owners who are protected by a levee or other flood mitigation method with full flood insurance at a reduced price because of their lower price these preferred risk policies have a higher level of policy retention grants to other flood plains will only strengthen and build a solvent city at the national flood insurance program in short i truly believe that we must be encouraging greater participation in n f i b rather than providing loopholes for people not to participate and then note i also like to thank the chairman for including language that authorizes study for the future participation of low income individuals who live in a flood plain we have an obligation to make sure that everyone has an opportunity to be insured and has access to afford a flood insurance this is an important issue that i look forward to working on with the chairman of the committee and many of my colleagues and through their addressing this policy issue i think it is important  continue to modernize our flood insurance program i'm pleased that the committee kept the amendment from last kepi amendment from last congress this fight insurance language to simply ask the fema utilize emerging weather forecasting technology as they update our national flood maps moving forward we must make the investment and weather forecasting technology so that we have the tools to adjust to the changing climate fema need to be prepared to utilize this technology as it becomes available to us we must ensure the fema has the highest quality information when it works to determine the level of risk for vulnerable geographies this policy initiative takes us in a positive direction finally the bill we are debating today is a vital tool to be used after a flooding incident occurs we need this bill however i want to close by saying flood insurance is one piece of what should be a national comprehensive flood protection approach congress must continue to provide the tools and policy for prevention we must continue to provide the funding for a flood protection infrastructure project and we must continue to provide strongly urge my colleagues to support this war and final passage of the underlying flood insurance we farm in modernization act of two thousand and seven i reserve the balance of my time generating reserves from gentleman from texas thank you mr speaker mr speaker i rise again today in strong opposition opposition to this unnecessarily restrictive rule that completely closes down the legislative process to every single amendments that was offered in hopes a better in this bill before the rules committee this modified close rules being broken is being offered by the broken promise democrat majority is wrong on both process and on policy yesterday evening in the rules committee the place where democracy goes to die in the house of representatives the chairman of the financial services committee the gentleman from massachusetts barney frank stated that he will come debating any substantive amendment so long as the committee did not make an order multiple amendments with similar goals despite the chairman's wishes to allow for a fair and open debate on substantive amendments to this bill rules committee democrats once again instead chose to further solidify our committee's growing reputation as the graveyard of good ideas and the house of representatives by rejecting five times each time along straight party lines attempts to improve this rule by including sistan a day of amendments offered by republicans chairman frank also testified had been offered to the legislation that reflected the administration's opposition to this legislation and inaccurate statement that i would like to clear up first my good friend from georgia the gentleman  price electronically submitted a timely amendment to this bill that dealt with the substantive concerns raised by the administration dr price was then turned away from the rules committee and denied the opportunity to even offer this amendment when the paper copies reach of the rules committee door five minutes after the arbitrary deadline that was set by the rules committee staff next  speaker when it became obvious that the rules committee was going to silence dr price my good friend and texas colleague congressman jeb hensarling modified one of his an amendment to address the substantive concerns over the addition of wind coverage to the national flood insurance program that he shared in common with dr pryce and president bush unfortunately mr hinch a lean to has been shut out by  despite numerous campaign promises by the highest ranking democrats in the house to run the most transparent open and honest house in history this democrat majority has once again provided the house with the rule where none of this would be available out of twenty six amendments offered to this legislation not one of the seven republican amendments offered is made in order under this rule it can't be for lack of time there is simply no good reason to rush reauthorization for this legislation which doesn't even expire until next year and the democrats certainly found time enough to provide thirteen democrat amendments sponsors anough time to come to the floor to try and change this legislation it can't be because these republican minutes are not substantive the would have addressed the most substantive and contentious part of this legislation the inclusion of when coverage into a flood insurance program however the democrat majority once again decided that political is more important than allowing the representatives of half of this country to be heard i wish i could say that i was surprised by the democrat leadership allowing politics to triumph over policy or fair procedure unfortunately this is precisely what we have come to expect from the new broken promise democrat majority what's worse mr speaker is if this bill's real world impact is as bad or worse the process that brings us here to the floor today it would expand the flood program to include a new risk before the effects of this policy have even been studied both the g a o the government accounting office and the congressional budget office the c b i have reported to us that the program is already not financially sound that means that as the program exists that the new democrat majority wants to put in place we already know that it is not financially sound and the addition of this new n n tist untested liability threats to derail much of the much needed reforms of this program while vastly increasing taxpayer exposure for losses from natural disasters unrelated to flooding mr speaker i opposed this rule i oppose the exclusion of every single republican amendment that was offered to improve it in the rules committee i opposed the raw political games represented by the ill conceived underlying legislation that puts our national flood insurance program in jeopardy and most of all mr speaker i posed the new earmark loophole uncovered last night that provides the broken promise democrat majority with yet a nother opportunity to waive their aready loose earmark rules on every bill as they see fit while this new development made here to the strict letter of the smoke and mirrors earmark rule that democrats rushed sloppily through the house at the beginning of the congress it  not meet the spirit of that rule either i encourage all of my colleagues to join me in opposing this for will particularly chairman frank who argued so eloquently for the inclusion of a substantive amendments so that they rule the new rule can be passed that would keep finally keep the democrat promise of openness and inclusion alive i was of the balance about time the gentleman reserves the gentle lady from california mr speaker i just want  out that the rules committee made thirteen and them is an order that we believe will benefit the discussion and debate on this very important issue and like to point out that three of these amendments went back bipartisan amendments that i reserve my time and let a reserve amendment to this bill that would have given the people of michigan and other great lakes states a fundamental fairness in the federal flood insurance program unfortunately the democrat majority on the rules committee did not allow the people of michigan to have their case heard on the floor of this house and i want to stress that i do understand about this bill that this is an insurance program and some will pay more than they take out in that the idea is to have broad a broad spectrum of the nation to share the risk of natural disasters but when it comes to states like  michigan and the federal flood insurance program the people of my state are repeatedly being sucked dry by a mandated program that forces so many property owners into flood plains and into the program when they never are almost never flood the net result is that michigan property owners by far pay much much more than their fair share recent hurricanes of course have depleted fema funds and the federal government appropriately has stood up to help the states recover but now the federal flood insurance program is looking for even more money and people in michigan for natural disasters are rare are being forced to kick in more than their fair share i would say this if it is the policy of the united states government to continue to encourage property owners to live in areas that repeatedly suffer from natural disasters by offering heavily subsidized insurance and we should just set up a fund for that purpose we should not have property owners like people that live in my state of michigan carry the burden of that policy in fact water levels in our magnificent great lakes are at historic lows and if you believe in the climate change theory those levels are going to continue to fall yet property owners currently in flood plains are faced with increased premiums force even more homeowners in areas where we have never seen a flood into this plan you know one thing in michigan unlike some other states where they actually look up at the water in michigan we look down at the water i would certainly agree that feynman needs to do what congress has asked them to do to update the maps utilizing satellite and digitized elevation they need to use the new technology but we should base elevations on sound science and that is not being done now currently the baseline for the fema plan is based on one thousand nine hundred eighty six lake levels which was at a time of his stork height lake levels twenty year old that is what they're going to base this on now and i would simply suggest that we wait until the international joint commission jacey completes its very extensive exhaustive study that they are currently doing of the lake level i think they are now into the third or fourth year of a five year study and then fema will have sound science on which to use to base their floodplain maps because the rules committee would not allow my amendment to be heard i intend to vote against this rule and i urge all of my colleagues to also oppose a rule and i will also be recommending to our governor in the great state of michigan to consider options that are fair to the state of michigan residents like self insuring are actually opting out of the federal flood insurance program i yield back jen lady from california  there and lady reserves gentleman from texas thank you mr speaker i once again in line with what we have stated earlier that the thirteen republican men mentioned which were presented to the rules committee of course there were others that were rejected because they were a minute or two late and need to be discussed the rules committee voted on a party line not to let them be on the floor today but our members represent important not only states but important districts and important ideas another one of the persons who was denied the opportunity to have his amendment to be made in order is here with us today and i'd like to yield three minutes to the gentleman from new jersey mr garrett for that purpose gentleman from new jersey's recognized for three minutes and i thank the gentleman and for yelling we come today on the floor in september nine months into the one hundred tenth congress under democrat control where they promised us the most open honest and transparent congress in u s history and looking backwards as yesterday over the last rules decision what have they wrought just the opposite i come to flora night as well to oppose this rule and to oppose the closed door proceedings and by and partisanship that the other side has exhibited yesterday with the way that they handle their rule their methodology is basically closing out the voices of almost a half of americans when they want to have their voice heard here in this congress i too came in submitted a rule to the committee and although the other side indicates that thirteen amendments were approved there were no single republican initiated rules approved last night and that is because as i said half of america's voice is work silence now the rules that i propose are amendment to the rules that i propose is quite simple to try to bring back bareness to this flood program a flood program that my most americans would support in a bipartisan approach picture this if you will out on perhaps the california coast you have a mansion a pretty firm home a mansion owned by some mega star movie star millionaire in that home he has paying one rate for insurance next door literally across the street is this one hundred seventy little home a little bungalow owned by a poor widow she now is paying higher rates for her insurance she in essence is subsidizing that multimillionaire movie star on the other side in this lavish mega mansion that he may own by this poor widow can't we do something about that yes i have proposed an amendment that would bring actuarial fairness to the system and i should say this to this was discussed in committee the chairman of the committee said that he would work with me my staff did work with his staff i did work with the chairman and the chairman even agreed with our language and the chairman even agreed and i believe testified before the rules committee that what we were doing here was bringing fairness to the committee in the rules process last night so at this time in my closing comments i would just ask the general lady would it be willing to open it to a  explain why is it that she will not and the rules committee would not enter into a discussion on this bill and rules and why is it that they wish to exclude this rule and why would the gentle lady in the rules committee decide that we should not have fairness and why should the poor widow be subsidizing the rich and the millionaires in this country and i yield to the gentle lady if you can explain why this rule was this amendment was excluded last night of the gentleman apparent because the only democrat amendments would come through last year both democrat and republican amendments would go through the gentle lady but explained on the merits time has expired in the gentleman additional two minutes the gentleman is recognized from the additional twenty minutes i would gladly yield to the gentle lady if the general they did could address the point as to why this particular amendment was not considered and was rather was not a considered to be appropriate to be considered for this rule and why it is that we should have the poor in the infirm and those people who have been living in their homes for decades have to be to subsidize the rich and the wealthy in this country and i would yield to the gentle lady if she would explain why the inequity should continue garrett we made amendments an order last night and i stand by it realist committee product it might be that later on down the road you may want to work with the financial services committee but at this point in time speaker i appreciate the fact that the rules committee under democratic control has included thirteen democrat and then went to their democrat proposed legislation here today and if that is the new openness and then the change in the process that they are pretty presenting to us and should we anticipate that there is no need for republicans to present any rules amendments to the rules committee in the future because they will only consider democrats amendments that is a sorry state for us today but i will gladly yield the gentleman say that he had spent time working with the chairman of the committee on this inequity to make sure that if you brought over that amendment that he would not oppose it at the general and you know that that is exactly the correct case we had i presented this amendment in committee and presented it and discussed it in committee and at that time we entered into a colloquy in committee and the committee chairman said that perhaps we could work through this because there was some other technical aspects that needed to be changed and i was more than willing to take the gentleman the chairman at his word and he would live to his word and that extent that for the next several weeks and months following the committee hearing we did have a go back and forth between staff and also the chairman on the floor a little himself and he was of representation of millions of americans for better ideas to be included not only on this floor but in the rules committee for consideration and agreement to debate and vote on these good ideas we know that last night that there were thirteen amendments that were made in order all democrat amendments no republican amendments we know that several republican amendments were rejected  based upon being just minutes late even though had they had been electronically submitted so as a result of that we're here on the floor today doing appropriately properly what we should be doing we're talking about the good ideas that we have you heard already a good idea from the gentleman from new jersey you heard already a good idea from the gentleman from michigan this time i'd like to three minutes to the gentlewoman from illinois joan gentle lady from illinois recognized for three minutes i thank the gentleman for yielding and mr speaker i rise today in strong opposition to this rule governing the consideration of h r thirty one twenty one i had hoped that the committee would see the wisdom in providing an open  rule on this important legislation in the absence of an open rule that it would at least make an in order amendments that members from both sides of the aisle to the time and effort to draft unfortunately as has been said repeatedly of the twenty sixth amendment filed with the rules committee only thirteen half of the amendments filed were made in order and of those thirteen amendments that the rules committee made in order not one now one republican amendment was made in order has the majority again gone back on his promises to have an open fair and bypass partisan operation of the house floor on december fifth two thousand and six made majority leader hoyer was quoted in congress daily p saying quote we intend to have a rules committee that gives opposition voices and alternative proposals the ability to be heard and considered on the floor of this house clearly today the leadership of this congress has again turned its back on its promises the original flood insurance reform bill h r six hundred eighty two which chairman frank and i introduced together earlier this year enjoyed substantial bipartisan support in the financial services committee however due to political pressure i bill was introduced by my friend from the other side of the aisle congressman taylor to add wind to the national flood insurance program that the flood reform bill turn partisan so the majority introduced in new flood reform bill h r thirty one twenty one and expanded the flood insurance program to include wind and while nine out thirteen witnesses insurance experts testified before the the financial services committee that when should not be added to n f ip the majority did it anyway the new flood plus when insurance passed out of the committee and in july and at a hearing on adding when to the n f l ip the national association of insurance commissioners insurance experts and byron metal groups floodplain management groups the treasury and female all oppose this expansion and that's why we're concerned about not having these these amendments come to the floor members on our side of the aisle had hoped to be given the same opportunity to do deep debate important issues on the house floor the amendments fly by and this should have been allowed this is a hugely important issue for the others the other side has added a whole new federal commitment on when to a flood insurance bill at the rules committee where i presented the majority requests for an open rule frank stated that he would welcome all i'm at least in the gentlewoman one additional minute i think recognize from of them and we welcome all amendments that address significant issues now it is  progressives of the rules committee we had a great discussion on that at the at the committee seem to talk more about s chip but it is the prerogative of the rules committee to make many amendments in order but when they hear from the the chairman of the  e financial services in this case they they did not follow his suggestion there was no more significant issue than adding when to the to the flood insurance so i guess  that that republicans a don't deserve the right to participate in the amendment progress process whether it is meant a member of the committee of jurisdiction or as a member of the u s house of representatives only through an open rule is that that possible for this reason i rise in strong opposition to the rule being considered here today jan lady yields back gentlewoman from california miss speaker i just last three colleagues have been to the floor spoke about was that as members of the committee on financial services that they worked very diligently not only in their states not only within their delegation not only within the committee but also with the chairman on trying to make sure that these good ideas might be included now the rules committee which i've only served on for nine years always finds itself in a difficult position always that's part of the dilemma of being on the committee but in particular when a committee chairman and a member show up before the rules committee and they talk about working together finding a bit of compromise working together to get a bill and thoughts and ideas to where they're not only germane but the where they better the bill the rules committee he just sits back and we say boy that's such a wonderful thing we're so happy and so please republicans and democrats something has happened something has happened since january that has poisoned that well not only time after time after time did we see yesterday when republicans showed up and said to the committee oh i've worked very carefully with my governor i've worked very carefully with people back home i work with the administration i've put in a lot of time this is a thoughtful amendment i've tried to get the game the concurrence of working through the committee and oh by the way i've even worked with my committee chairman which says something also about committee chairman the gentleman from massachusetts mr frank who yesterday on his own standing said by and large look i understand every issue that's related to this i don't mind if any amendment as long as they're not duplicative and as long as they have substance i think they ought to be made in order once again one of those times when the members of the committee republicans and democrats i point that's great thank you so much chairman frank something's happened however where people who were from the committee working with the committee chairman come and agree and then all of a sudden every single republican amendment was rejected it wasn't because they were duplicative it wasn't because they didn't have substance i don't know what it is we've tried this morning to have several people who come to florida say i'd like to engage the new democrat majority rules committee members to find out what is it why we're at why was every single republican amendment rejected while thirteen democratic members were made nor what is it there's a change i don't think it's open i don't think it's transparent and i question some other things behind the decision making has been my mr speaker another gentleman who took time to not only have thoughtful amendments not only sits on the committee but also came to the rules committee is here today also because he believes we believe as republicans we may get shot out as we were in the rules committee but we're still going to come to the floor and stand for the things which we believe in that would better the bill i'd like you'll for managed to the gentleman from texas mr henschel gentleman is recognized for four minutes by thank my dear friend for yielding and i rarely come to the floor of the house to complain about process it's a little bit like complaining about the refereeing in the football game at the end of the day it doesn't do a whole lot of good but the irony the irony of what i see today  powerful on the share it with my colleagues it was just in the last congress that are now chairwoman of the rules committee the gentle lady from new york said quote here we go again another important issue another closed rule the majority is arrogant and out of control there an ethical assault on our democratic values must stop now and that's what the gentle lady from new york the chairwoman of the rules committee said when she didn't like closed rules when republicans were in the majority well here we have a close grow at least as close to republicans this republican offered three minutes three minutes that were very substantive a minute none of which were found in order so i'm curious whether this closed rule now that the democrats are in the majority mr speaker or whether they consider it of themselves whether considered an ethical assault on our democratic values to sit here and bring us a rule which is closed to republicans and i would certainly yield to the gentle lady from california if you would like to answer whether or not it's arrogant and unethical to have a closed rule apparently she doesn't wish to answer the question our speaker before she became speaker said we're going to the most open and honest congress and history's nancy pelosi january eighteenth two thousand and six she also said quote bill should generally come to the floor under procedure that allows open full in fair debate consisting of a full full amendment process that grants the minority the right to offer its alternatives including a substitute unquote speaker of the house nancy pelosi so i'm curious did she not mean it when she said it does she not mean it now is there some carefully crafted clever little loophole by which we can explain the speaker's rules why there is no full amendment process and i'd be happy to yield to the g california if she would like to explain if the speaker doesn't mean her words apparently she doesn't care to offer an explanation let's get into the substance of the bill mr speaker we're looking at an insurance program run by the federal government not run particularly well since supposedly premiums were supposed to support this program and now now it owes the taxpayers twenty billion dollars of which it admits it has no way no chance whatsoever to pay back none whatsoever we have a national flood insurance program run by the government that subsidizes overtly certain properties many of which are condos in vacation zones not all ne of which are and so we have this  omaly where a factory worker in the ski taxes in my district who may be pulling down fifty sixty thousand dollars a year as a taxpayer subsidizes the flood insurance for somebody who's making a half a million dollars and has a condo on the beach so while this is a program that is not fiscally sound it is a program that is not fair it is a program that screams out for reforms and so what does the democrat majority do it was to expand its coverage it was to create a huge new mandatory when policy now these are serious issues mr speaker be asking members to oppose the previous question to give the democrats yet another opportunity to live up to their broken promises and amend the rule to allow for consideration of a threat as for seven nine a resolution that i'd like to call the earmark accountability rule mr speaker this congress continues to say non disclosure earmarks appearing in all sorts of bills this rule changes that these rule changes would simply allow the house to openly debate and honest about the validity and accuracy of earmarks contained in all bills not just appropriations bills if we defeat the previous question we can address that problem today and restore this congress's non existant haven't the asian age requested those favor a vote by the asian age will rise a sufficient number having risen the asian naser order members will record their vote by electronic device this will be a