November 17, 2008 CONGRESSIONAL RECORD — SENATE S10601 

such assets are purchased may not pay dividends in a cumulative amount that is higher 

in the current or a future fiscal year than 

the cumulative dividends paid in the fiscal 

year immediately preceding the sale of the 

troubled assets until such time as the troubled assets are no longer owned by the Secretary.’’. 

SEC. 202. REDUCING DIVIDENDS TO PAY FOR EXCESSIVE EXECUTIVE COMPENSATION. 

Section 111(b)(2) of the Emergency Economic Stabilization Act of 2008 (Public Law 

110–343) is amended— 

(1) in subparagraph (B), by striking ‘‘and’’ 

at the end; 

(2) in subparagraph (C), by striking the period at the end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(D) a reduction in dividends paid by the 

institution in its next fiscal year equal to 

the executive compensation paid to senior 

executive officers in excess of $500,000 per officer in the current fiscal year.’’. 

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SUBMITTED RESOLUTIONS 

SENATE RESOLUTION 706—TO AUTHORIZE TESTIMONY AND 

LEGAL REPRESENTATION IN 

PETER BERGEL V. PACIFIC GAS 

& ELECTRIC 

Mr. REID (for himself and Mr. 

MCCONNELL) submitted the following 

resolution; which was considered and 

agreed to: 

S. RES. 706 

Whereas, in the case of Peter Bergel v. Pacific Gas & Electric, No. 0712–15723, pending 

in Multnomah County Circuit Court in Portland, Oregon, the defendant has requested 

testimony from Denise Racanelli, an employee in the office of Senator Gordon 

Smith; 

Whereas, pursuant to sections 703(a) and 

704(a)(2) of the Ethics in Government Act of 

1978, 2 U.S.C. §§288b(a) and 288c(a)(2), the 

Senate may direct its counsel to represent 

employees of the Senate with respect to any 

subpoena, order, or request for testimony relating to their official responsibilities; 

Whereas, by the privileges of the Senate of 

the United States and Rule XI of the Standing Rules of the Senate, no evidence under 

the control or in the possession of the Senate 

may, by the judicial or administrative process, be taken from such control or possession 

but by permission of the Senate; 

Whereas, when it appears that evidence 

under the control or in the possession of the 

Senate may promote the administration of 

justice, the Senate will take such action as 

will promote the ends of justice consistent 

with the privileges of the Senate: Now, 

therefore, be it 

Resolved, That Denise Racanelli is authorized to testify in the case of Peter Bergel v. 

Pacific Gas & Electric, except concerning 

matters for which a privilege should be asserted. 

SEC. 2. The Senate Legal Counsel is authorized to represent Denise Racanelli in connection with the testimony authorized in section one of this resolution. 

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AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON FINANCE

Mrs. FEINSTEIN. Mr. President, I 

ask unanimous consent that the Committee on Finance be authorized to 

meet during the session of the Senate 

on Monday, November 17, 2008, at 2 

p.m., in room 215 of the Dirksen Senate 

Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS

Mrs. FEINSTEIN. Mr. President, I 

ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to 

meet during the session of the Senate 

on Monday, November 17, 2008, at 10 

a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS

Mrs. FEINSTEIN. Mr. President, I 

ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to 

meet during the session of the Senate 

on Monday, November 17, 2008, at 2:30 

p.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

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UNITED STATES ARMY 

COMMEMORATIVE COIN ACT 

Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 

Senate proceed to the immediate consideration of H.R. 5714, which was received from the House. 

The PRESIDING OFFICER. The 

clerk will report. 

The legislative clerk read as follows: 

A bill (H.R. 5714) to require the Secretary 

of the Treasury to mint coins in recognition 

and celebration of the establishment of the 

United States Army of 1775, to honor the 

American soldier of both today and yesterday, in wartime and in peace, and to commemorate the traditions, history, and heritage of the United States Army and its role in 

American society, from the Colonial period 

to today. 

There being no objection, the Senate 

proceeded to consider the bill. 

Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 

bill be read three times and passed, the 

motion to reconsider be laid upon the 

table, with no intervening action or debate, and any statements related to the 

bill be printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The bill (H.R. 5714) was ordered to a 

third reading, was read the third time, 

and passed. 

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CHILD SAFE VIEWING ACT 

Mr. WHITEHOUSE. Madam President, I ask the Chair to lay before the 

Senate a message from the House with 

respect to S. 602. 

The PRESIDING OFFICER (Ms. STABENOW) laid before the Senate the following message from the House of Representatives: 

Resolved, That the bill from the Senate (S. 

602) entitled ‘‘An Act to develop the next 

generation of parental control technology’’, 

do pass with the following amendment: 

Strike section 2 and redesignate section 3 

as section 2. 

Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 

Senate concur in the House amendment and the motion to reconsider be 

laid upon the table, with no intervening action or debate. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

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SENATE LEGAL COUNSEL 

AUTHORIZATION 

Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 

Senate proceed to the immediate consideration of S. Res. 706, submitted earlier today. 

The PRESIDING OFFICER. The 

clerk will report the resolution by 

title. 

The legislative clerk read as follows: 

A resolution (S. Res. 706) to authorize testimony and legal representation in Peter 

Bergel v. Pacific Gas & Electric. 

There being no objection, the Senate 

proceeded to consider the resolution. 

Mr. REID. Mr. President, this resolution concerns a request for testimony 

in a civil action in Multnomah County 

Court in Portland, OR. In this action, 

the plaintiff, an anti-war protester, 

seeks damages for an alleged false arrest in March 2007 in the lobby of a private office building housing Senator 

SMITH’s Portland, OR office. The defendant owner of the building has requested that an employee in the Senator’s Portland office provide in connection with upcoming summary judgment proceedings a declaration concerning relevant communications the 

employee had with building security 

officers related to the events in question. Senator SMITH would like to cooperate by providing testimony from 

that employee. This resolution would 

authorize that employee to testify in 

connection with this action, with representation by the Senate Legal Counsel. 

Mr. WHITEHOUSE. I ask unanimous 

consent that the resolution be agreed 

to, the preamble be agreed to, the motions to reconsider be laid upon the 

table en bloc with no intervening action or debate, and any statements be 

printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The resolution (S. Res. 706) was 

agreed to. 

The preamble was agreed to. 

The resolution, with its preamble, 

reads as follows: 

S. RES. 706 

Whereas, in the case of Peter Bergel v. Pacific Gas & Electric, No. 0712–15723, pending 

in Multnomah County Circuit Court in Portland, Oregon, the defendant has requested 

testimony from Denise Racanelli, an employee in the office of Senator Gordon 

Smith; 

Whereas, pursuant to sections 703(a) and 

704(a)(2) of the Ethics in Government Act of 

1978, 2 U.S.C. §§288b(a) and 288c(a)(2), the 

Senate may direct its counsel to represent 

employees of the Senate with respect to any 

subpoena, order, or request for testimony relating to their official responsibilities; 

Whereas, by the privileges of the Senate of 

the United States and Rule XI of the Standing Rules of the Senate, no evidence under 

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