E2198 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2008 

assertions should be avoided, in appropriate 

deference to such judicial resolution of the 

question as has been possible within the 

bounds of justifiability. 

Meanwhile, citing the precedent of January 23, 1990, relating to H.R. 2712 of the 101st 

Congress, the House yesterday treated both 

H.R. 4810 and H.R. 8 as having been returned 

to the originating House, their respective returns not having been prevented by an adjournment within the meaning of article I, 

section 7, clause 2 of the Constitution. 

Sincerely, 

J. DENNIS HASTERT, 

Speaker. 

RICHARD A. GEPHARDT, 

Democratic Leader. 

CONGRESS OF THE UNITED STATES, 

Washington, DC, November 21, 1989. 

Hon. GEORGE BUSH, 

President of the United States, The White 

House, Washington, DC. 

DEAR MR. PRESIDENT: This is in response to 

your action on House Joint Resolution 390. 

On August 16, 1989, you issued a memorandum of disapproval asserting that you 

would ‘‘prevent H.J. Res. 390 from becoming 

a law by withholding (your) signature from 

it.’’ You did not return the bill to the House 

of Representatives. 

House Joint Resolution 390 authorized a 

‘‘hand enrollment’’ of H.R. 1278, the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, by waiving the requirement that the bill be printed on parchment. The hand enrollment option was requested by the Department of the Treasury 

to insure that the mounting daily costs of 

the savings-and-loan crisis could be stemmed 

by the earliest practicable enactment of H.R. 

1278. In the end, a hand enrollment was not 

necessary since the bill was printed on 

parchment in time to be presented to you in 

that form. 

We appreciate your judgment that House 

Joint Resolution 390 was, in the end, unnecessary. We believe, however, that you should 

communicate any such veto by a message returning the resolution to the Congress since 

the intrasession pocket veto is constitutionally infirm. 

In Kennedy v. Sampson, the United States 

Court of Appeals held that ‘‘pocket veto’’ is 

not constitutionally available during an 

intrasession adjournment of the Congress if 

a congressional agent is appointed to receive 

veto messages from the President during 

such adjournment. 511 F.2d 430 (D.C. Cir. 

1974). In the standing rules of the House, the 

Clerk is duly authorized to receive messages 

from the President at any time that the 

House is not in session. (Clause 5, Rule III, 

Rules of the House of Representatives; House 

Resolution 5, 101st Congress, January 3, 

1989.) 

Successive Presidential administrations 

since 1974 have, in accommodation of Kennedy v. Sampson, exercised the veto power 

during intrasession adjournments only by 

messages returning measures to the Congress. 

We therefore find your assertion of a pocket veto power during an intrasession adjournment extremely troublesome. We do 

not think it constructive to resurrect constitutional controversies long considered as 

settled, especially without notice of consultation. It is our hope that you might join 

us in urging the Archivist to assign a public 

law number to House Joint Resolution 390, 

and that you might eschew the notion of an 

intrasession pocket veto power, in appropriate deference to the judicial resolution of 

that question. 

Sincerely, 

THOMAS S. FOLEY, 

Speaker. 

ROBERT H. MICHEL, 

Republican Leader. 

ON THE BIRTH OF JUDAH 

CHRISTOPHER CALLAHAN 

HON. JOE WILSON 

OF SOUTH CAROLINA

IN THE HOUSE OF REPRESENTATIVES

Thursday, October 2, 2008 

Mr. WILSON of South Carolina. Madam 

Speaker, I am happy to congratulate Paul and 

Jenni Callahan on the birth of their new baby 

boy. Judah Christopher Callahan was born on 

September 30, 2008, weighing nine pounds. 

Judah joins an older sister, Charlotte. He has 

been born into a loving home, where he will 

be raised by parents who are devoted to his 

well-being and bright future. 

His father, Paul, serves as senior legislative 

assistant in the office of the Second Congressional District of South Carolina. 

I want to congratulate Judah’s grandparents, 

Gerald and Madonna Callahan of Greenville, 

South Carolina, and Steve and Pam Crowe of 

Greenville, South Carolina. On behalf of my 

wife Roxanne, and our entire family, we want 

to wish Paul, Jenni, Charlotte, and Judah all 

the best. 

f 

RECOGNIZING OCTOBER AS 

BREAST CANCER AWARENESS 

MONTH 

HON. DANNY K. DAVIS OF ILLINOIS

IN THE HOUSE OF REPRESENTATIVES

Thursday, October 2, 2008 

Mr. DAVIS of Illinois. Madam Speaker, I 

wish to take a moment to recognize October 

as National Breast Cancer Awareness month. 

Excluding skin cancer, breast cancer is the 

most common cancer among women, accounting for more than 1 in 4 cancers diagnosed in women in the United States. Breast 

cancer incidence and death rates generally increase with age. White women have a higher 

incidence of breast cancer than African American women after the age of 40. In contrast, 

African American women have a higher incidence rate before the age of 40. Of great concern is the racial disparity that exists in terms 

of breast cancer outcomes. In the United 

States, African American women are 37 percent more likely to die from breast cancer than 

Caucasian women, with 5-year survival rates 

being 77 percent and 90 percent, respectively. 

This discrepancy is unacceptable. 

Health disparities related to breast cancer 

exist primarily due to poor early detection of 

the cancer and limited access to high-quality 

treatment. A lack of health insurance usually is 

linked with one having a more advanced stage 

of cancer at the time of diagnosis. The presence of supplementary illnesses, lower socioeconomic status, unequal access to medical 

care, and disparities in treatment may contribute to the observed differences in survival 

between lower and higher income breast cancer patients, specifically between African 

American and white women. 

Many institutions are taking the initiative to 

understand and address these disparities. I 

am proud that a hospital in my Congressional 

district has accepted this challenge. The Sinai 

Urban Health Institute is the largest private 

provider of charity care in the State of Illinois, 

and it has helped raise awareness and care 

for breast cancer. Sinai recently completed a 

comprehensive epidemiological analysis of 

breast cancer mortality for African American 

and Caucasian women in Chicago. Strikingly, 

the study found that black women in Chicago 

had a 68 percent higher mortality rate of 

breast cancer than Caucasian women. Further, the study demonstrated that Caucasian 

women in Chicago had benefited from the incredible advancements in treatment over the 

past 2 decades, but that these treatment successes had no impact on the mortality rate for 

African American women. This report prompted the local health community to discuss solutions to the growing disparities. The experts 

involved centered their recommendations on 

three things: improve access to mammograms, the quality of mammograms, and the 

quality of breast cancer treatment. To do its 

part, Sinai developed a program to increase 

the access of low-income women to mammograms. I am impressed that Sinai’s efforts resulted in an amazing increase in the number 

of mammograms conducted at Sinai. Specifically, the number of mammograms increased 

60 percent from 2004 to 2007. 

I also am pleased that this session I helped 

pass legislation to extend the authorization of 

the semipostal Breast Cancer Awareness 

stamp till 2011. Through the sale of this 

stamp, we are able to raise awareness of this 

disease and directly raise money for needed 

research. Sale of the Breast Cancer SemiPostal stamp, first issued in 1998, has raised 

more than $54 million for breast cancer research. 

As policymakers, we must continue to work 

together to raise money, promote awareness, 

and advance treatment for a cancer that is 

devastating our communities. 

f 

EARMARK DECLARATION 

HON. SHELLEY MOORE CAPITO 

OF WEST VIRGINIA

IN THE HOUSE OF REPRESENTATIVES

Thursday, October 2, 2008 

Mrs. CAPITO. Madam Speaker, pursuant to 

the Republican Leadership standards on earmarks, I am submitting the following information for publication in the CONGRESSIONAL

RECORD regarding earmarks I received as part 

of H.R. 7110: 

Requesting Member: SHELLEY MOORE

CAPITO. 

Account: RTDE Army. 

Title: MATRIC-Project National Shield Integration Center. 

Recipient: Keith A. Pauley, 3200 Kanawha 

Turnpike, Building 740, Suite 4300, South 

Charleston, WV 25314. 

Summary: To establish a nationally integrated system-of-systems framework that can 

effectively protect the nation against terrorist 

attacks, etc. 

Account: RTDE Defense Wide. 

Title: Tactical Biometrics Operating and Surveillance System (TBOSS). 

Recipient: STS International, 204 Sand Mine 

Road, PO Box 10, Berkeley Springs, WV 

25411. 


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