E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, THURSDAY, OCTOBER 4, 2007 No. 150 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces H.R. 3052. An act to designate the facility called to order by the Speaker pro tem- to the House his approval thereof. of the United States Postal Service located pore (Mr. ROSS). Pursuant to clause 1, rule I, the Jour- at 954 Wheeling Avenue in Cambridge, Ohio, nal stands approved. as the ‘‘John Herschel Glenn, Jr. Post Office f Building’’. DESIGNATION OF THE SPEAKER f H.R. 3106. An act to designate the facility PLEDGE OF ALLEGIANCE of the United States Postal Service located PRO TEMPORE at 805 Main Street in Ferdinand, Indiana, as The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the the ‘‘Staff Sergeant David L. Nord Post Of- fore the House the following commu- gentleman from South Carolina (Mr. fice’’. nication from the Speaker: WILSON) come forward and lead the The message also announced that the WASHINGTON, DC, House in the Pledge of Allegiance. Senate has passed with an amendment October 4, 2007. Mr. WILSON of South Carolina led in which the concurrence of the House I hereby appoint the Honorable MIKE ROSS the Pledge of Allegiance as follows: is requested, bills of the House of the to act as Speaker pro tempore on this day. I pledge allegiance to the Flag of the following titles: NANCY PELOSI, United States of America, and to the Repub- H.R. 1585. An act to authorize appropria- Speaker of the House of Representatives. lic for which it stands, one nation under God, tions for fiscal year 2008 for military activi- f indivisible, with liberty and justice for all. ties of the Department of Defense, for mili- PRAYER f tary construction, and for defense activities of the Department of Energy, to prescribe The Reverend Dr. Clay Evans, Pastor MESSAGE FROM THE SENATE military personnel strengths for such fiscal Emeritus, Fellowship Missionary Bap- A message from the Senate by Ms. year, and for other purposes. tist Church, Chicago, Illinois, offered H.R. 2082. An act to authorize appropria- Curtis, one of its clerks, announced tions for fiscal year 2008 for intelligence and the following prayer: that the Senate had passed without O God, our Father, You have said in intelligence-related activities of the United amendment bills of the House of the Your word, ‘‘If my people, which are States Government, the Community Man- following titles: agement Account, and the Central Intel- called by my name, shall humble them- ligence Agency Retirement and Disability selves and pray, and seek my face and H.R. 2467. An act to designate the facility of the United States Postal Service located System, and for other purposes. turn from their wicked ways, then will at 69 Montgomery Street in Jersey City, New The message also announced, that I hear from heaven and will forgive Jersey, as the ‘‘Frank J. Guarini Post Office the Senate insists upon its amendment their sin and will heal their land.’’ Building’’. I come to You today in the mighty to the bill (H.R. 1585) ‘‘An Act to au- H.R. 2587. An act to designate the facility thorize appropriations for fiscal year name of Jesus, thanking You and prais- of the United States Postal Service located ing You for our great Nation. I thank at 555 South 3rd Street Lobby in Memphis, 2008 for military activities of the De- You for the governing plan You gave to Tennessee, as the ‘‘Kenneth T. Whalum, Sr. partment of Defense, for military con- our Forefathers. Post Office Building’’. struction, and for defense activities of I lift up our Congress. I pray that by H.R. 2654. An act to designate the facility the Department of Energy, to prescribe Your power the legislative body will of the United States Postal Service located military personnel strengths for such at 202 South Dumont Avenue in Woonsocket, fiscal year, and for other purposes,’’ re- make laws that are right and just. South Dakota, as the ‘‘Eleanor McGovern Father, I ask You to give them wis- quests a conference with the House on Post Office Building’’. the disagreeing votes of the two Houses dom to make decisions that will H.R. 2765. An act to designate the facility strengthen and prosper our Nation. of the United States Postal Service located thereon, and appoints Mr. LEVIN, Mr. I pray that You will cause the Mem- at 44 North Main Street in Hughesville, KENNEDY, Mr. BYRD, Mr. LIEBERMAN, bers of Congress to trust You with all Pennsylvania, as the ‘‘Master Sergeant Sean Mr. REED, Mr. AKAKA, Mr. NELSON their heart and lean not to their own Michael Thomas Post Office’’. (FL), Mr. NELSON (NE), Mr. BAYH, Mrs. understanding. Allow them to acknowl- H.R. 2778. An act to designate the facility CLINTON, Mr. PRYOR, Mr. WEBB, Mrs. edge You alone are God and You will of the United States Postal Service located MCCASKILL, Mr. MCCAIN, Mr. WARNER, at 3 Quaker Ridge Road in New Rochelle, Mr. INHOFE, Mr. SESSIONS, Ms. COLLINS, direct their path. New York, as the ‘‘Robert Merrill Postal Mr. CHAMBLISS, Mr. GRAHAM, Mrs. Amen. Station’’. f H.R. 2825. An act to designate the facility DOLE, Mr. CORNYN, Mr. THUNE, Mr. MARTINEZ, and Mr. CORKER, to be the THE JOURNAL of the United States Postal Service located at 326 South Main Street in Princeton, Illi- conferees on the part of the Senate. The SPEAKER pro tempore. The nois, as the ‘‘Owen Lovejoy Princeton Post The message also announced that the Chair has examined the Journal of the Office Building’’. Senate insists upon its amendment to

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H11253

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VerDate Aug 31 2005 02:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.000 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11254 CONGRESSIONAL RECORD — HOUSE October 4, 2007 the bill (H.R. 2082) ‘‘An Act to author- than 20 States, has been happily mar- were killed at Virginia Tech. That ize appropriations for fiscal year 2008 ried to the former Lutha Mae tragedy exposed problems with Federal for intelligence and intelligence-re- Hollingshed for more than 60 years, and laws that are a barrier to schools com- lated activities of the United States they are the proud parents of five chil- municating with parents when a stu- Government, the Community Manage- dren. dent has a serious problem. The Family ment Account, and the Central Intel- Although Rev. Evans retired as pas- Educational Rights and Privacy Act of ligence Agency Retirement and Dis- tor on December 8, 2000, he remains a 1974 states that students’ records can- ability System, and for other pur- man of faith, a man of vision, and one not be released except ‘‘to protect the poses,’’ requests a conference with the who emphatically believes: ‘‘It is no se- health and safety of the student and House on the disagreeing votes of the cret what God can do.’’ others.’’ two Houses thereon, and appoints Mr. f Unfortunately, the interpretation of ROCKEFELLER, Mrs. FEINSTEIN, Mr. that law is so unclear that schools are REMOVAL OF NAME OF MEMBER WYDEN, Mr. BAYH, Ms. MIKULSKI, Mr. fearful of being sued. AS COSPONSOR OF H.R. 3554 FEINGOLD, Mr. NELSON (FL), Mr. The just-released report from the Na- WHITEHOUSE, Mr. BOND, Mr. WARNER, Mr. KING of Iowa. Mr. Speaker, due tional Association of Attorneys Gen- Mr. HAGEL, Mr. CHAMBLISS, Mr. HATCH, to an error in my office, the name JOHN eral Task Force on Campus Safety Ms. SNOWE, and Mr. BURR; SALAZAR was added to the bill H.R. calls for an update of the FERPA law As additional conferees: Mr. LEVIN, 3554, and I would ask unanimous con- that would allow for protection from li- and Mr. KYL; to be the conferees on the sent that his name be removed from ability if schools make good-faith ef- part of the Senate. H.R. 3554. forts to protect students, faculty and The message also announced that the The SPEAKER pro tempore. Is there staff. That is precisely what my bill, H.R. Senate has passed a bill of the fol- objection to the request of the gen- 2220, offers, a way to allow schools to lowing title in which the concurrence tleman from Iowa? communicate with parents when a stu- of the House is requested: There was no objection. dent has significant mental health S. 2106. An act to provide nationwide sub- f problems that increase the risk for sui- poena authority for actions brought under ANNOUNCEMENT BY THE SPEAKER the September 11 Victim Compensation Fund cide, homicide or violent acts while we of 2001. PRO TEMPORE still protect the confidentiality of The SPEAKER pro tempore. The records. The message also announced that the I ask that all my colleagues join me Senate has agreed to the following con- Chair will entertain up to five further and Representative GRACE NAPOLITANO current resolution: requests for 1-minute speeches on each side of the aisle. in cosponsoring our bill, the Mental S. Con. Res. 45. Concurrent resolution com- Health Security for Families in Edu- mending the Ed Block Courage Award Foun- f cation Act, and work to protect our dation for its work in aiding children and REPUBLICANS NEED TIME TO families affected by child abuse, and desig- students. nating November 2007 as National Courage REFLECT ON SCHIP Let’s take down the walls between Month. (Mr. BLUMENAUER asked and was parents and schools. Let’s take action now to save lives tomorrow. f given permission to address the House for 1 minute.) f WELCOMING THE REVEREND DR. Mr. BLUMENAUER. Mr. Speaker, my CLAY EVANS PRIORITIES Republican friends need some time to (Mr. EMANUEL asked and was given (Mr. RUSH asked and was given per- reflect on the children’s health pro- permission to address the House for 1 mission to address the House for 1 gram; not over the course of the 2 minute.) minute.) weeks just for pressure, but to get Mr. EMANUEL. Mr. Speaker, in 7 Mr. RUSH. Mr. Speaker, I rise today their facts straight, to stop getting years, the President has been awfully to welcome our guest chaplain, the their information from the White reluctant to use his veto pen. But when Reverend Dr. Clay Evans, the pastor House talking points and get informa- it comes to important health care leg- emeritus of the Fellowship Baptist tion from the American people, their islation, this President hasn’t hesi- Church of Chicago, Illinois. Governor, about how the program actu- tated to say ‘‘no’’ to the American peo- Dr. Evans, the son of A. Henry and ally works. ple. Estanauly Evans, was born on June 23, President Bush is worried that it Stem cell research, which could cure 1925, in Brownsville, Tennessee. Or- won’t go to poor children because some diseases and save millions of lives, the dained a Baptist minister in 1950, the families earning up to $83,000 a year American people support it. The Presi- illustrious founding pastor of the affec- will be eligible. dent vetoed it. tionately called ‘‘SHIP’’ has been re- First of all, this is not a program for Children’s health insurance provides sponsible for launching the ministerial poor children, most of whom are al- health care to children from working careers of 93 men and women. ready eligible for Medicaid. It is for middle-class families who earn too Mr. Speaker, he was my catechizer at children of working families, 90 percent much to qualify for Medicaid, but can’t my own ordination. of whom earn less than $40,000 a year. afford private insurance. The American Dr. Evans has been a leader in the No one gets $83,000, because the Bush people support it. This President ve- civil rights movement since 1965. He administration turned down one toed it. was a staunch supporter in the Chicago State’s request. A few do have higher In my district, Dolores Sweeney crusade of Dr. Martin Luther King. incomes because the States requested works for an insurance company, has That staunch support caused funding it and the Bush administration ap- three children, and is trying to get pri- for his new church to be cut off, and proved it. vate health care for her children, but the structure stood unfinished for 8 The Bush administration, if they cannot get it in the private insurance years. don’t like families getting it, can stop marketplace. Her employer does not From 1971 to 1976 he was the founding approving those waivers. provide health care. Her children are national board chairman of the Rain- f on SCHIP. This bill is right for Dolores bow PUSH Coalition. Rev. Evans was Sweeney and the 10 million children SUPPORT THE MENTAL HEALTH the founding president and chairman of that get health care through it. The SECURITY FOR AMERICA’S FAMI- the African American Religious Con- President vetoed it. LIES ACT nection, the founding president of the Even Republican Senator CHARLES Broadcast Ministers of Chicago, and (Mr. TIM MURPHY of Pennsylvania GRASSLEY said about the President and was a board member of the National asked and was given permission to ad- SCHIP, He simply doesn’t understand Baptist Convention, U.S.A., Inc. dress the House for 1 minute.) the bill and he is wrong. This radio and television minister, Mr. TIM MURPHY of Pennsylvania. The only health care legislation this who reached listeners weekly in more Mr. Speaker, last April, 33 students President supported was a prescription

VerDate Aug 31 2005 02:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.003 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11255 drug bill which gave billions of dollars OPEN AND TRANSPARENT and Jeff Shelton were shot and killed away to the special interests. It is time SPENDING in the line of duty as they responded to for the President to stand with the (Mr. WILSON of South Carolina a call at an east Charlotte apartment American people and support our chil- asked and was given permission to ad- complex. As a result of these tragic dren. dress the House for 1 minute and to re- murders came the Blue Ribbon Cam- vise and extend his remarks.) paign. Many miles of free blue ribbon f Mr. WILSON of South Carolina. Mr. were distributed throughout the great- Speaker, the American people deserve er Charlotte area. Jeff Katz, a former POLITICAL POSTURING ON SCHIP better from their government when it police officer who hosts the afternoon (Mr. PITTS asked and was given per- comes to the way it spends their hard- drive show on WBT in Charlotte, North mission to address the House for 1 earned taxpayer dollars. As Jerry Carolina, urged listeners to display the minute and to revise and extend his re- Bellune of the Lexington County blue ribbons on cars and homes as well marks.) Chronicle would say, ‘‘It’s the people’s as on their persons to visibly support Mr. PITTS. Mr. Speaker, we have money, not the government’s money law enforcement. On his radio show, seen an incredible amount of political given to the people.’’ Katz asked listeners to donate to a spe- posturing this week over SCHIP. The It seems that this Democrat majority cial memorial fund for the families of SCHIP program was created in a bipar- which rode to power on a wave of prom- the slain officers. In a matter of hours, tisan effort to ensure poor children ises about open and transparent Con- Katz had pledges of $50,000. Those mak- without health insurance have health gress has decided these principles do ing pledges were directed to make their care coverage. Poor children without not apply when it comes to all ear- donations directly to the Fraternal insurance. Children, not adults. Some marks. So I ask my colleagues on the Order of Police Lodge No. 9. States have more adults on SCHIP other side of the aisle, if identifying I want to commend these officers and than children. Poor children, not fami- who is sponsoring an earmark is okay their families for their sacrifice and lies making $83,000 a year, to get free on spending bills, why is it not okay on thank their brothers and sisters in law health insurance. Poor children with- all legislation? enforcement for their commitment to out insurance. The American people deserve more keep the city safe. I also want to thank Under the Democrat bill, one in three transparency from their government, Jeff Katz and countless citizens for children who already have private in- not multi-million dollar spending their tremendous efforts in the Blue surance would drop their private cov- packages slipped silently into legisla- Ribbon Campaign responding to this erage to get free government coverage. tion under a bureaucratic cover. tragedy. Out of this tragedy it was en- Let’s ensure poor children have In conclusion, God bless our troops, couraging to see the tremendous out- health coverage and do it in a bipar- and we will never forget September the pouring of support from the whole com- tisan way, not shutting out Repub- 11th. Thank goodness for Rush munity for our law enforcement per- licans the way they did in this last bill. Limbaugh, who supports our troops. sonnel who risk their lives every day This Democrat Congress truly is a f for all of us. dysfunctional Congress. They can’t b 1015 f even get SCHIP reauthorization right. DENOUNCING ATTACKS ON RUSH LIMBAUGH PROVIDING FOR CONSIDERATION f OF H.R. 3648, MORTGAGE FOR- (Mr. LAMBORN asked and was given GIVENESS DEBT RELIEF ACT OF MISTREATMENT OF RETURNING permission to address the House for 1 2007 SOLDIERS minute and to revise and extend his re- marks.) Mr. CARDOZA. Mr. Speaker, by di- (Mr. CLYBURN asked and was given Mr. LAMBORN. Mr. Speaker, I rise rection of the Committee on Rules, I permission to address the House for 1 today to denounce the liberals’ fraudu- call up House Resolution 703 and ask minute and to revise and extend his re- lent attacks on Rush Limbaugh. Any- for its immediate consideration. marks.) one who reads the widely available The Clerk read the resolution, as fol- Mr. CLYBURN. Mr. Speaker, I rise transcript as I have done sees that Mr. lows: today to voice my outrage and utter Limbaugh was appropriately referring H. RES. 703 disgust regarding the treatment of to the pretenders who pose as medal Resolved, That upon the adoption of this some of our brave men and women who winners or who falsely claim to have resolution it shall be in order to consider in have just returned home from serving committed atrocities in Iraq when he the House the bill (H.R. 3648) to amend the gallantly in Iraq. used the phrase ‘‘phony soldiers.’’ Internal Revenue Code of 1986 to exclude dis- Recently, members of the Minnesota No, the real scandal here is that lib- charges of indebtedness on principal resi- National Guard, known as the Red erals in America and here in this Con- dences from gross income, and for other pur- Bulls, were told that they did not qual- poses. All points of order against consider- gress are willing to manipulate facts to ation of the bill are waived except those aris- ify to receive benefits under the GI smear those they disagree with. But Bill. Why? Because they were deployed ing under clause 9 or 10 of rule XXI. The there’s an even more insidious agenda amendment in the nature of a substitute rec- for 729 days in Iraq and not the 730 days by liberals going on and that is to re- ommended by the Committee on Ways and mandated by the GI Bill to receive ben- institute the so-called Fairness Doc- Means now printed in the bill, modified by efits. trine, which is actually a way to si- the amendment printed in the report of the The fact that they would deny edu- lence conservatives on the radio waves. Committee on Rules accompanying this res- cational benefits to courageous vet- Mr. Limbaugh deserves mega-kudos for olution, shall be considered as adopted. The erans who risked their lives defending bill, as amended, shall be considered as read. being a forceful and effective voice on All points of order against provisions of the our freedoms, many of whom were de- the side of common sense and for being ployed for 20 consecutive months, is bill, as amended, are waived. The previous an example of the first amendment in question shall be considered as ordered on shameful and appalling. Supporting our action. After all, isn’t that what our the bill, as amended, to final passage with- troops means taking care of them when country is supposed to be about? out intervening motion except: (1) one hour they come home and providing them f of debate equally divided and controlled by with the benefits they have earned and the chairman and ranking minority member rightfully deserve. RECOGNIZING CHARLOTTE’S BLUE of the Committee on Ways and Means; and Mr. Speaker, if I might invoke the RIBBON CAMPAIGN (2) one motion to recommit with or without words of Alexis de Tocqueville: ‘‘Amer- (Mr. HAYES asked and was given instructions. ica is great because America is good. SEC. 2. During consideration of H.R. 3648 permission to address the House for 1 pursuant to this resolution, notwithstanding And if America ever ceases to be good, minute and to revise and extend his re- the operation of the previous question, the it will cease to be great.’’ marks.) Chair may postpone further consideration of Mr. Speaker, this action does not re- Mr. HAYES. Mr. Speaker, last April, the bill to such time as may be designated by flect the goodness of our great Nation. Charlotte police officers Sean Clark the Speaker.

VerDate Aug 31 2005 23:46 Oct 04, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.004 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11256 CONGRESSIONAL RECORD — HOUSE October 4, 2007 The SPEAKER pro tempore. The gen- on their home. Families are shocked— In August, over 165,000 properties in tleman from California is recognized and frankly so am I—when they receive Florida alone entered foreclosure, 50 for 1 hour. a tax bill for something they no longer percent more than the previous month. Mr. CARDOZA. Thank you, Mr. own simply because of phantom income The situation is most acute in the part Speaker. that is created when the so-called gift of Florida that I am honored to rep- For the purpose of debate only, I is forgiven. This double whammy, as resent. Miami-Dade County ranks in yield the customary 30 minutes to the Chairman RANGEL likes to say, of the top five counties in the Nation gentleman from Florida (Mr. LINCOLN someone losing their home to fore- among major metropolitan areas where DIAZ-BALART). All time yielded during closure, often because of circumstances homes are entering some stage of fore- consideration of the rule is for debate beyond their control, and then facing a closure. Broward County ranks third in only. tax bill on top of that is neither fair the Nation. This great cause for con- GENERAL LEAVE nor equitable, and it has to stop. cern in the housing market has Mr. CARDOZA. I ask unanimous con- The bill before us today, H.R. 3648, prompted anxiety over the tax con- sent that all Members have 5 legisla- addresses this very issue. The bill is sequences associated with discharges of tive days within which to revise and quite simple. First, it exempts forgiven indebtedness, debt forgiveness, in con- extend their remarks on House Resolu- mortgage debt from being counted as nection with restructuring acquisition tion 703. income for tax purposes. This will pre- indebtedness and home foreclosures. The SPEAKER pro tempore. Is there vent countless Americans from receiv- As the gentleman from California objection to the request of the gen- ing a tax bill after they have lost their pointed out, under current law, when a tleman from California? home to foreclosure. Second, H.R. 3648 lender forgives some or all of the mort- There was no objection. provides for a 7-year extension of the gage debt, Mr. Speaker, the borrower is Mr. CARDOZA. Mr. Speaker, I yield tax deduction for private mortgage in- required to treat the forgiven debt as myself such time as I may consume. surance, which is scheduled to end at taxable income, taxed at ordinary Mr. Speaker, House Resolution 703 the end of 2007. The deduction for PMI, rates. In today’s marketplace, declin- provides for consideration of H.R. 3648, as it is most commonly known, is crit- ing property values have left some sell- the Mortgage Forgiveness Debt Relief ical to many low- and moderate-in- ers in the position of having to sell Act of 2007 under the traditional closed come families and first-time home- their homes for less than the out- rule. The rule provides 1 hour of gen- buyers who lack the traditional down standing balance on the mortgage. eral debate equally divided and con- payment. The PMI deduction allows Even if the loss of value occurs through trolled by the chairman and ranking them to purchase a home at lower cost no fault of their own, if the lender for- member of the Committee on Ways and while avoiding risky subprime or pred- gives the shortfall, that amount is tax- Means. The rule waives all points of atory second loans that would need to able income for sellers. This phantom order against consideration of the bill be made for them to make a down pay- income tax places a heavy burden on a except for clauses 9 and 10 of rule XXI. ment. Third, the bill makes it easier family that has incurred a significant Finally, the rule provides one motion for owners of co-op housing units to economic loss. This legislation will to recommit with or without instruc- qualify as a cooperative housing insti- help protect those homeowners from an tions. tution. H.R. 3648 also addresses a tax unexpected and unfair tax bill. Mr. Speaker, as we have heard from loophole regarding capital gains treat- The bill also extends the deduction countless media reports and I have ment from the sale of certain homes. for private mortgage insurance for 7 seen in my own congressional district, Closing this unintended loophole will years. Current law limits the deduction the housing market is in crisis. prevent people from switching back for private mortgage insurance to pay- Subprime mortgages and predatory and forth between a primary and sec- ments made prior to the end of 2007. lending practices are more prominent ondary residence to get a double tax This provision will be helpful, espe- than ever. Home values have plunged 15 benefit that was never intended. cially to young families purchasing to 20 percent this year and foreclosures Mr. Speaker, the bipartisan bill be- their first home. in the first 6 months of this year alone fore us today, H.R. 3648, was unani- There is some concern that the bill have surged 55 percent over the same mously approved by the Ways and may go beyond what is needed during period in 2006. Means Committee, and it has the this time. The administration and Sadly, Mr. Speaker, I know these sit- strong support of organizations such as some in the minority here in Congress uations all too well. I represent com- the National Association of Home have stated that the relief should be munities that have been dubbed the Builders, the Mortgage Bankers Asso- temporary to assist homeowners dur- Foreclosure Capital of the United ciation and the National Association of ing the current mortgage market tran- States of America by the national Realtors. I would like to thank Chair- sition period, avoiding as much as pos- media because of foreclosure rates of man RANGEL and the Ways and Means sible distorting consumer and lender about one in 27 homes. I have seen the Committee for their hard and thought- decisions on new mortgage loans. But, joy in families’ eyes when they have ful work in bringing this legislation to Mr. Speaker, there can be no doubt been able to purchase their first home the floor today. that the underlying legislation being and achieve the American Dream. I Mr. Speaker, this bill provides more brought forth today for consideration have seen the tears when they struggle opportunities for people to buy a home, by this House is an example of what to make their payments and their more options for families to keep their can happen, the good that can happen, dream is taken away. home, and eliminates an unfair tax bill the progress that can be made when Mr. Speaker, losing your home to should they in fact lose their home the congressional majority decides to foreclosure is an unthinkable ordeal. through unfortunate circumstances. I work with the administration, with the The way I see it, if you are unfortunate am proud to join many organizations President and the minority in Congress enough to lose your home to fore- and my colleagues on both sides of the on an important issue such as this. closure because you are struggling, you aisle in supporting this commonsense Much of the legislation that we will be have suffered enough. You shouldn’t be legislation today. considering today was proposed, the punished further by being taxed on Mr. Speaker, I reserve the balance of substance of that legislation was pro- what you no longer own. But that’s ex- my time. posed by President Bush. And so this is actly what’s happening. Under current The SPEAKER pro tempore. The gen- an example of what progress can be tax law, the IRS counts as income the tleman from Florida is recognized for made on important issues when the amount of the mortgage debt that you 30 minutes. congressional majority decides to work have been forgiven by a lender as it is Mr. LINCOLN DIAZ-BALART of with the minority and the administra- considered a ‘‘gift’’ and therefore sub- Florida. Thank you, Mr. Speaker. I tion. ject to tax. This means that when would like to thank my friend, the gen- Now, on process, Mr. Speaker, in a many Americans lose their home to tleman from California, for the time document called The New Direction for foreclosure, they are slapped with a tax and I yield myself such time as I may America, the new congressional major- bill when a lender discharges the debt consume. ity laid out its campaign promises to

VerDate Aug 31 2005 23:46 Oct 04, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.007 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11257 the American people last year. In- leader for homeowners across this Neighborworks, a community action cluded in that document was a prom- country as they face very troubling group. But many of our neighbors are ise, and I quote, that bills should gen- times. in similar situations, and they do not erally come to the floor under a proce- Mr. Speaker, I rise today in strong have the same prospects. I promised dure that allows open, full and fair de- support of the Mortgage Debt Relief Isaline and our neighbors throughout bate consisting of a full amendment Act of 2007 and this rule. I would like the Tampa Bay area that we would process that grants the minority the to thank Chairman RANGEL and the work to ensure that help is within right to offer its alternatives, includ- House Ways and Means Committee for reach. ing a substitute. moving quickly on this critical legisla- I am proud to say that today we will b 1030 tion. keep that promise and help bring relief Our efforts today will help families to my hardworking neighbors. We will But with this rule today that, as you across America who have had to bear keep them from being faced with know, Mr. Speaker, the rule is what the unfortunate burden of their homes unaffordable, large tax bills as a result brings to the floor the underlying sub- going into foreclosure. You see, under of foreclosure or renegotiating mort- stantive legislation that will be consid- current law, after a homeowner loses gages. ered subsequently by the House; with their home to foreclosure, they are In the city of St. Petersburg, Florida, this rule today, the majority has bro- forced to pay income tax on that debt the talented and caring staff at the ken its own promise in two ways. First, forgiveness. So although the home- local Neighborworks center work hard they denied the minority the ability to owner has lost their assets, they must every day to keep homeowners in their offer a substitute amendment. My col- suffer the immeasurable strain of a tax home. Since January, they have as- league, the distinguished ranking bill that they are often unable to pay. sisted 65 families. Homeowners like member, Mr. DREIER, offered two When a family has lost their home to Joann Carnaham of St. Petersburg are amendments Tuesday in Rules to allow foreclosure or has been unable to re- working desperately with Neighbor- Ways and Means Ranking Member negotiate their loan with their lender works so they don’t lose their homes. MCCRERY the ability to offer a sub- to reflect the current value of their Joann fell behind on her mortgage pay- stitute amendment on this legislation. home, homeowners under current law ment because she lost her job. The But on a party-line vote, the majority are being confronted with an unfair house she lived in belonged to her par- rejected the minority’s ability to offer and, frankly, unaffordable tax bill. Our ents. She refinanced for $80,000. Her fa- a substitute. The majority claims that they are legislation on the floor of the House ther was still there, but he passed running the House in a more open man- today will help. away, and she had to pay all of his This is simply an issue of fairness for ner than we did in the 109th Congress, bills. Due to lack of income and her fa- but this rule today once again dem- struggling families and homeowners. It ther’s death, she was unable to nego- onstrates that they are not moving to- is unfair for a family to pay a tax on tiate a payment plan with her mort- ward a more open process, but instead their income that they actually do not gage company. Under current law, if moving backwards. This rule closes out receive. When a bank forgives some Joann’s home goes into foreclosure, she all amendments. So every Member of amount of debt for a homeowner, ei- will be hit with an income tax bill that the House is precluded from in any way ther to avoid foreclosure or simply to she is in absolutely no position to pay. offering their ideas to improve this forgive a debt to a homeowner already Mr. Speaker, the Mortgage Forgive- bill. in the foreclosure process, the amount ness Debt Relief Act of 2007 will aid So far this year, the majority has of- of the forgiven debt is treated by the families and people like Joann in St. fered 34 closed rules on bills, closing IRS as income, which is then taxed. Petersburg and help them get back on out all amendments, far surpassing the For families already struggling to their feet after foreclosure. With the number from the 109th Congress at this make ends meet, the phantom income whirlwind of problems in the mortgage point, as a matter of fact, more than and resulting tax burden generated by finance system, this bill will help sta- double the amount of closed rules. At this can endanger their financial bilize families in our neighborhood, this point in the 109th Congress there health even further. This bill will fix and I urge adoption today. had been 16 closed rules. And remember this double whammy. Mr. LINCOLN DIAZ-BALART of the promise: the promise was to move With the current housing crisis that Florida. Mr. Speaker, in response to in the other direction, and instead, exists in our country, especially from my good friend Mr. CARDOZA’s point more than double the amount of closed the subprime lending market, it is no about the tradition with tax bills, yes, rules; clearly, moving backwards. wonder that so many families have there has been a tradition to bring tax What this rule today really rep- found themselves in unfortunate situa- bills to the floor under a restricted resents, Mr. Speaker, is a missed op- tions when it comes to their homes. rule. That has not precluded in the portunity. If the majority had offered Relieving families of this tax burden is past, as we did often, the ability of the an open rule, the majority could have the least we can do to help our families minority to offer a substitute amend- doubled their number of open rules on and all that they are trying to do in ment. nonappropriations bills to a whopping their everyday lives. So what I was talking about with re- two; instead, they’ve permitted only My colleague from Florida is correct: gard to process is that there was a one open rule on nonappropriations in August, the State of Florida had the clear promise to move in a more open bills, thus continuously violating their second highest total of foreclosure fil- direction, to move toward more open- claim to be a more open and bipartisan ings, up 77 percent from the previous ness and more transparency and more Congress. month. Florida is ranked third in the rights for the minority. And what has Mr. Speaker, at this time I reserve United States for overall foreclosures happened is exactly the opposite, a the balance of my time. this year, and nationwide foreclosures doubling by the majority of closed Mr. CARDOZA. Mr. Speaker, I would up are 115 percent. rules that absolutely close out, in like to remind my friend and colleague In my home district in the Tampa other words, prohibit, all Members from Florida that tax bills have tradi- Bay area, over 10,000 of my neighbors from proposing amendments on this tionally been handled under closed have found their homes falling into floor. So that great contrast between rules, including when Mr. DREIER was foreclosure within the first 6 months of the promise and the performance is chairman of the committee and when this year. Well, we are going to extend what I was alluding to, that unfortu- Mr. DIAZ-BALART was the vice chair- a lifeline today, and believe me, it mat- nate contrast. man of the committee. ters. Now, on substance, again, I think Mr. Speaker, I yield 5 minutes to the Last month, I visited with one of my that today is an example of something gentlewoman from Florida (Ms. CAS- neighbors, Isaline Wyatt. She is a sin- very positive. The congressional major- TOR), a distinguished member of the gle mother of two in east Tampa who ity has decided to work with the mi- committee. was very close to losing her home to nority and the President on an issue Ms. CASTOR. I thank my colleague foreclosure. Fortunately, she was able that is of importance to this legisla- from California, who continues to be a to keep her home with the help of tion. And so we see legislation, much of

VerDate Aug 31 2005 02:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.008 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11258 CONGRESSIONAL RECORD — HOUSE October 4, 2007 which was proposed by the President of 27, 2007, clause 9(a) of rule XXI does not com- Mr. Speaker, I ask unanimous con- the United States, coming to the floor prehensively apply to all legislative propo- sent to insert the text of the amend- today to solve a major problem facing sitions at all stages of the legislative proc- ment and extraneous materials imme- ess. the American people. Clause 9(a) addresses the disclosure of ear- diately prior to the vote on the pre- So while I reiterate the great dis- marks in a bill or joint resolution, in a con- vious question. appointment that we in the minority ference report on a bill or joint resolution, or The SPEAKER pro tempore. Is there feel with regard to the lack of perform- in a so-called ‘‘manager’s amendment’’ to a objection to the request of the gen- ance by the majority with regard to its bill or joint resolution. Other forms of tleman from Florida? promise to open this House to more amendment—whether they be floor amend- There was no objection. fairness on substance, I think it’s com- ments during initial House consideration or Mr. LINCOLN DIAZ-BALART of later amendments between the Houses—are mendable that for once there is an Florida. And at this time, Mr. Speaker, not covered. (One might surmise that those I yield back the balance of my time. issue of importance to the American who developed the rule felt that proposals to people that the congressional majority Mr. CARDOZA. Mr. Speaker, I would amend are naturally subject to immediate just like to correct my colleague, the has decided to work with the President peer review, though they harbored reserva- gentleman from Florida, my friend and on and with the minority in Congress. tions about the so-called ‘‘manager’s amend- great colleague on the committee, that I will be asking for a ‘‘no’’ vote on ment,’’ i.e., one offered at the outset of con- on page 19 of the committee report the previous question, Mr. Speaker, so sideration for amendment by a member of a committee of initial referral under the terms issued after the bill was written, I that we can amend this rule and allow of a special rule.) would like to read section G, which the House to consider a change to the The question of order on September 25 in- reads: ‘‘Pursuant to clause 9 of rule rules of the House to restore account- volved a special rule providing for a motion XXI of the rules of the House of Rep- ability and enforceability to the ear- to dispose of an amendment between the resentatives, the Ways and Means Com- mark rule. Houses. As such, clause 9(a) was inapposite. It had no application to the motion in the mittee has determined that the bill as Under the current rule, so long as the reported contains no congressional ear- chairman of a committee of jurisdic- first instance. Accordingly, Speaker pro tempore Holden held that the special rule marks, limited tax benefits, or limited tion includes either a list of earmarks had no tendency to waive any application of tariff benefits within the meaning of contained in the bill or report, or a clause 9(a). The question of order on Sep- that rule.’’ statement that there are no earmarks, tember 27 involved a special rule providing Further, Mr. Speaker, the gentleman no point of order lies against the bill. (in pertinent part) that an amendment be has mentioned that Mr. MCCRERY had This is the same as the rule in the last considered as adopted. Speaker pro tempore offered a substitute and that the ma- Blumenauer employed the same rationale to Congress. However, under the rule as it jority had denied the minority the abil- functioned under the Republican ma- hold that, because clause 9(a) had no applica- tion to the amendment in the first instance, ity to bring that substitute up. That’s jority in the 109th Congress, even if the the special rule had no tendency to waive correct, for good cause. The substitute point of order was not available on the any application of clause 9(a). was not paid for under the House bill, it was always available on the rule The same would be true in the more com- PAYGO rules, and in fact violated the as a question of consideration. But be- mon case of a committee amendment in the House PAYGO rules, and so was not cause the Democratic Rules Committee nature of a substitute made in order as origi- deemed appropriate to be brought to nal text for the purpose of further amend- specifically exempts earmarks from the floor. the waiver of all points of order, they ment. Clause 9(a) of rule XXI is inapposite to such an amendment. Finally, that same substitute only deprive Members of the ability to raise In none of these scenarios would a ruling made these very important tax loop- the question of earmarks on the rule or by a presiding officer hold that earmarks are hole corrections and changes enabled on the bill. or are not included in a particular measure for 3 years. We believe that this par- I would like to direct our distin- or proposition. Under clause 9(b) of rule XXI, ticular provision needs to be perma- guished colleagues, Mr. Speaker, to a the threshold question for the Chair—the nent in Federal law and that home- letter that the House Parliamentarian, cognizability of a point of order—turns on owners need to be protected if they lose whether the earmark-disclosure require- the distinguished JOHN SULLIVAN, re- their homes permanently. ments of clause 9(a) of rule XXI apply to the So, Mr. Speaker, we did not make cently sent to the distinguished chair- object of the special rule in the first place. man of the Rules Committee, Ms. Embedded in the question whether a special Mr. MCCRERY’s substitute in order. SLAUGHTER, which confirms what we rule waives the application of clause 9(a) is And, in fact, it has been the tradition have been saying since January, that the question whether clause 9(a) has any ap- that tax bills come to the floor under the Democratic earmark rule contains plication. closed rules, even when Mr. DREIER and loopholes. In his letter to Chairwoman In these cases to which clause 9 of rule XXI the Republicans were in charge, be- has no application in the first instance, stat- SLAUGHTER, the Parliamentarian stat- cause of the complexity of tax law. If ing a waiver of all points of order except you amend that bill on the floor, we ed that the Democratic earmark rule those arising under that rule—when none ‘‘does not comprehensively apply to all can so arise—would be, at best, gratuitous. don’t know how it will affect other legislative propositions at all stages of Its negative implication would be that such clauses within that bill. So it has been the legislative process.’’ a point of order might lie. That would be as the tradition, because of tax law com- HOUSE OF REPRESENTATIVES, confusing as a waiver of all points of order plexity, that bills coming to the floor OFFICE OF THE PARLIAMENTARIAN, against provisions of an authorization bill that deal with the Federal Tax Code Washington, DC, October 2, 2007. except those that can only arise in the case do, in fact, come under closed rules. Hon. LOUISE MCINTOSH SLAUGHTER, of a general appropriation bill (e.g., clause 2 Committee on Rules, House of Representatives, of role XXI). Both in this area and as a gen- b 1045 Washington, DC. eral principle, we try hard not to use lan- Mr. Speaker, declining property val- DEAR CHAIRWOMAN SLAUGHTER: Thank you guage that yields a misleading implication. ues and rapid increases in the number for your letter of October 2, 2007, asking for I appreciate your consideration and trust of foreclosures are causing a national an elucidation of our advice on how best to that this response is to be shared among all members of the committee. Our office will housing and mortgage crisis. This is a word a special rule. As you also know, we commonsense bill. It is a bill that have advised the committee that language share it with all inquiring parties. waiving all points of order ‘‘except those Sincerely, takes key steps in stabilizing the hous- arising under clause 9 of rule XXI’’ should JOHN V. SULLIVAN, ing market. H.R. 3648 eliminates the not be adopted as boilerplate for all special Parliamentarian. double whammy of someone losing rules, notwithstanding that the committee This amendment, Mr. Speaker, will their home to foreclosure and then fac- may be resolved not to recommend that the restore the accountability and enforce- ing an additional tax bill right when House waive the earmark-disclosure require- ability of the earmark rule to where it they are down on their knees anyway. ments of clause 9. was at the end of the 109th Congress, to It reduces mortgage costs, making it In rule XXI, clause 9(a) establishes a point provide Members with an opportunity easier for families to purchase a home of order against undisclosed earmarks in cer- tain measures and clause 9(b) establishes a to bring the question of earmarks be- while avoiding high-risk loans. Most point of order against a special rule that fore the House for a vote. I urge my importantly, it will help countless waives the application of clause 9(a). As illu- colleagues to close this loophole by op- families avoid foreclosure and to stay minated in the rulings of September 25 and posing the previous question. in their homes.

VerDate Aug 31 2005 02:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.010 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11259 Mr. Speaker, the bill before us today, 15, 1909, a member of the majority party of- H. RES. 704 H.R. 3648, the Mortgage Forgiveness fered a rule resolution. The House defeated Resolved, That upon the adoption of this Debt Relief Act of 2007, is a necessary the previous question and a member of the resolution it shall be in order to consider in bill. Once again, it shows that the opposition rose to a parliamentary inquiry, the House the bill (H.R. 3246) to amend title asking who was entitled to recognition. Democratic Congress is committed to 40, United States Code, to provide a com- Speaker Joseph G. Cannon (R-Illinois) said: prehensive regional approach to economic addressing the mortgage crisis sweep- ‘‘The previous question having been refused, and infrastructure development in the most ing across our Nation. I want to thank the gentleman from New York, Mr. Fitz- severely economically distressed regions in Mr. RANGEL and his committee for gerald, who had asked the gentleman to the Nation. All points of order against con- bringing this bill to the floor. yield to him for an amendment, is entitled to sideration of the bill are waived except those Mr. Speaker, I urge a ‘‘yes’’ vote on the first recognition.’’ arising under clause 9 or 10 of rule XXI. The the rule and on the previous question. Because the vote today may look bad for amendment in the nature of a substitute rec- Mr. LEWIS of Georgia. Mr. Speaker, owning the Democratic majority they will say ‘‘the ommended by the Committee on Transpor- a home is part of the American dream. But it vote on the previous question is simply a tation and Infrastructure now printed in the vote on whether to proceed to an immediate bill, modified by the amendment printed in can become a nightmare when homeowners vote on adopting the resolution . . . [and] the report of the Committee on Rules accom- face foreclosure. In Metro Atlanta we have has no substantive legislative or policy im- panying this resolution, shall be considered one of the highest foreclosure rates in the plications whatsoever.’’ But that is not what as adopted. The bill, as amended, shall be country—one in every 54 households is in they have always said. Listen to the defini- considered as read. All points of order foreclosure. tion of the previous question used in the against provisions of the bill, as amended, Too often these are people who have lost Floor Procedures Manual published by the are waived. The previous question shall be their jobs or are dealing with an illness. They Rules Committee in the 109th Congress, considered as ordered on the bill, as amend- have lost their home, they are out of money (page 56). Here’s how the Rules Committee ed, to final passage without intervening mo- described the rule using information from tion except: (1) one hour of debate equally di- and they are suffering. They should not be hit Congressional Quarterly’s ‘‘American Con- vided and controlled by the chairman and with a huge tax bill from the IRS. gressional Dictionary’’: ‘‘If the previous ranking minority member of the Committee Cancelled debt is not income, and treating it question is defeated, control of debate shifts on Transportation and Infrastructure; and like a paycheck adds insult to injury. Today we to the leading opposition member (usually (2) one motion to recommit with or without change the tax code to protect people who are the minority Floor Manager) who then man- instructions. losing their home from also having to pay a ages an hour of debate and may offer a ger- SEC. 2. During consideration of H.R. 3246 large tax penalty. mane amendment to the pending business.’’ pursuant to this resolution, notwithstanding It is the right thing to do and I encourage Deschler’s Procedure in the U.S. House of the operation of the previous question, the Representatives, the subchapter titled Chair may postpone further consideration of my colleagues to support this bill. the bill to such time as may be designated by The material previously referred to ‘‘Amending Special Rules’’ states: ‘‘a refusal to order the previous question on such a rule the Speaker. by Mr. LINCOLN DIAZ-BALART of Florida [a special rule reported from the Committee The SPEAKER pro tempore. The gen- is as follows: on Rules] opens the resolution to amend- tleman from New York is recognized AMENDMENT TO H. RES. 703 OFFERED BY MR. ment and further debate.’’ (Chapter 21, sec- for 1 hour. LINCOLN DIAZ-BALART OF FLORIDA tion 21.2) Section 21.3 continues: Upon rejec- Mr. ARCURI. Mr. Speaker, for pur- tion of the motion for the previous question At the end of the resolution, add the fol- poses of debate only, I yield the cus- lowing: on a resolution reported from the Committee SEC. 3. That immediately upon the adop- on Rules, control shifts to the Member lead- tomary 30 minutes to the gentleman tion of this resolution the House shall, with- ing the opposition to the previous question, from Washington (Mr. HASTINGS). All out intervention of any point of order, con- who may offer a proper amendment or mo- time yielded during consideration of sider the resolution (H. Res. 479) to amend tion and who controls the time for debate this rule is for debate only. the Rules of the House of Representatives to thereon.’’ GENERAL LEAVE provide for enforcement of clause 9 of rule Clearly, the vote on the previous question Mr. ARCURI. Mr. Speaker, I ask XXI of the Rules of the House of Representa- on a rule does have substantive policy impli- unanimous consent that all Members tives. The resolution shall be considered as cations. It is one of the only available tools read. The previous question shall be consid- for those who oppose the Democratic major- have 5 legislative days within which to ered as ordered on the resolution to final ity’s agenda and allows those with alter- revise and extend their remarks and in- adoption without intervening motion or de- native views the opportunity to offer an al- sert extraneous materials into the mand for division of the question except: (1) ternative plan. RECORD. one hour of debate equally divided and con- Mr. CARDOZA. Mr. Speaker, I yield The SPEAKER pro tempore. Is there trolled by the chairman and ranking minor- back the balance of my time, and I objection to the request of the gen- ity member of the Committee on Rules; and tleman from New York? (2) one motion to recommit. move the previous question on the res- olution. There was no objection. Mr. ARCURI. Mr. Speaker, I yield The SPEAKER pro tempore. The (The information contained herein was myself such time as I may consume. provided by Democratic Minority on mul- question is on ordering the previous Mr. Speaker, House Resolution 704 tiple occasions throughout the 109th Con- question. gress.) provides for consideration of H.R. 3246, The question was taken; and the the Regional Economic and Infrastruc- THE VOTE ON THE PREVIOUS QUESTION: WHAT Speaker pro tempore announced that ture Development Act of 2007. The rule IT REALLY MEANS the ayes appeared to have it. This vote, the vote on whether to order the provides 1 hour of debate equally di- Mr. LINCOLN DIAZ-BALART of vided and controlled by the chairman previous question on a special rule, is not Florida. Mr. Speaker, on that I demand merely a procedural vote. A vote against or- and ranking minority member of the dering the previous question is a vote the yeas and nays. Committee on Transportation and In- against the Democratic majority agenda and The yeas and nays were ordered. frastructure. a vote to allow the opposition, at least for The SPEAKER pro tempore. Pursu- I rise today in strong support of this the moment, to offer an alternative plan. It ant to clause 8 of rule XX, further pro- rule and H.R. 3246. I want to thank the is a vote about what the House should be de- ceedings on this question will be post- distinguished chairwoman of the Eco- bating. poned. Mr. Clarence Cannon’s Precedents of the nomic Development, Public Buildings House of Representatives (VI, 308–311), de- f and Emergency Management Sub- committee, Ms. NORTON, Chairman scribes the vote on the previous question on PROVIDING FOR CONSIDERATION the rule as ‘‘a motion to direct or control the OBERSTAR, and the ranking members, consideration of the subject before the House OF H.R. 3246, REGIONAL ECO- for drafting this legislation to author- being made by the Member in charge.’’ To NOMIC AND INFRASTRUCTURE ize three new economic development defeat the previous question is to give the DEVELOPMENT ACT OF 2007 commissions. opposition a chance to decide the subject be- Mr. ARCURI. Mr. Speaker, by direc- H.R. 3246 establishes the Northern fore the House. Cannon cites the Speaker’s tion of the Committee on Rules, I call Border, Southeast Crescent and South- ruling of January 13, 1920, to the effect that ‘‘the refusal of the House to sustain the de- up House Resolution 704 and ask for its west Border Regional Commissions and mand for the previous question passes the immediate consideration. reauthorizes the successful Delta and control of the resolution to the opposition’’ The Clerk read the resolution, as fol- Northern Great Plains Regional Com- in order to offer an amendment. On March lows: missions. These five commissions will

VerDate Aug 31 2005 02:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.012 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11260 CONGRESSIONAL RECORD — HOUSE October 4, 2007 help bring economic development to re- $200,000 ARC grant to improve aging Because of concerns either with the gions of our country that desperately water infrastructure in Sherburne, New underlying bill or with the way in need it. York, a problem that is plaguing many which this bill was originally consid- Mr. Speaker, this bipartisan legisla- States in the Northeast, was able to le- ered, it failed to garner a two-thirds tion creates a Northern Border Re- verage close to $4 million in State and vote and did not pass under suspension gional Commission that will bring local community investment. of the rules. This closed rule does pro- much-needed job creation and eco- Mr. Speaker, the Northern Border vide for more time to debate the merits nomic development resources to the Regional Commission will not only ex- of the underlying bill, but, unfortu- Northeast region. Maine, New Hamp- tend benefits to economically dis- nately, it also shuts Members out from shire, Vermont and upstate New York tressed counties in Maine, New Hamp- offering amendments to make this per- will all benefit tremendously from the shire and Vermont; it will give upstate haps a better bill. establishment of this commission be- New York counties like Oneida, Her- Mr. Speaker, I reserve the balance of cause it will assess and address the kimer, Cayuga and Seneca the oppor- my time. very specific needs, assets and chal- tunity to enjoy the same benefits their Mr. ARCURI. Mr. Speaker, I reserve lenges of this region. neighboring counties in the southern the balance of my time. Over the last several decades, upstate tier enjoy under the ARC. Mr. HASTINGS of Washington. Mr. New York, including my congressional We need to ensure that every Amer- Speaker, I ask my friend from New district, has experienced a consistent ican has access to job training, employ- York if he has any other speakers, and pattern of economic distress resulting ment-related education and high-tech if not, I am prepared to yield back if he from substantial loss in the manufac- infrastructure so that we can retain is. turing sector, coupled with an aging in- and grow our global competitive edge. I Mr. ARCURI. We have no additional frastructure and lack of opportunities am confident that the Regional Eco- speakers. for a skilled workforce. My district nomic and Infrastructure Development Mr. HASTINGS of Washington. Mr. alone has seen a staggering loss of Act will help us achieve that end. Speaker, I yield myself the balance of more than 14,000 manufacturing jobs Mr. Speaker, I reserve the balance of the time. from 2000 to 2005. This has been dev- my time. Mr. Speaker, House Republicans be- The SPEAKER pro tempore. The gen- astating to our local communities; lieve that every earmark should be de- tleman from Washington is recognized however, this loss isn’t an anomaly. It batable on the House floor. Republican for 30 minutes. Leader Boehner has introduced a pro- is extremely characteristic of several Mr. HASTINGS of Washington. Mr. posal to improve the House rules and States in the Northeast. A targeted re- Speaker, I want to thank the gen- gional approach like this one created allow the House to debate openly and tleman from New York (Mr. ARCURI) honestly the validity and accuracy of by this bill can help bring economic vi- for yielding me the customary 30 min- tality to this region. utes, and I yield myself such time as I earmarks contained in all bills. The three new commissions are mod- To date, 196 Republicans have signed may consume. eled after the highly successful Appa- (Mr. HASTINGS of Washington asked a discharge position to bring this meas- lachian Regional Commission, ARC. and was given permission to revise and ure to the House floor for a vote. Un- The commission similar to the ARC extend his remarks.) fortunately, we are still 22 Members will create Federal-State partnerships Mr. HASTINGS of Washington. Mr. shy of what is needed. Therefore, I not where local development districts and Speaker, this rule provides for consid- only would encourage all Members of other nonprofits bring project ideas eration of the Regional Economic and the House to sign the discharge posi- and priorities from the local level to Infrastructure Development Act, which tion, but I will also be asking my col- the commissions to promote economic would authorize $1.25 billion to create leagues to vote ‘‘no’’ on the previous development. three new regional commissions and re- question so that I can amend the rule Specifically, the Northern Border Re- place two other regional commissions. to the House to allow the House to im- gional Commission will be charged These five regional commissions would mediately consider House Resolution with investing $40 million per year, ris- be Federal-State partnerships that 479 introduced by Republican Leader ing to $60 million per year by 2012, in would provide grants to State and local BOEHNER. Federal grants focused on local trans- governments to promote infrastructure It is vital that the House of Rep- portation and infrastructure projects, and economic development. resentatives act today and pass House broadband development, alternative While I believe that comprehensive, Resolution 479 so that we can show energy projects, agricultural develop- regional approaches to addressing in- American taxpayers we are serious ment, and health care facilities. With frastructure and economic develop- when it comes to earmark trans- regional planning, technical assist- ment needs often can be beneficial, I parency. ance, and funding of projects aimed at am not convinced that creating five Mr. Speaker, I ask unanimous con- encouraging economic prosperity, this commissions and the layers of bureauc- sent to have the text of the amendment Commission will help local commu- racy associated with them is necessary inserted into the RECORD prior to the nities work together to support com- to provide grants to communities most vote on the previous question. mon developmental goals. in need. The SPEAKER pro tempore. Is there Simply put, the numbers speak for The Regional Economic and Infra- objection to the request of the gen- themselves. Since its creation, the structure Development Act was origi- tleman from Washington? ARC has reduced the number of dis- nally considered by the House on Sep- There was no objection. tressed counties in its region from 219 tember 17 under suspension of the Mr. HASTINGS of Washington. I urge to 100, cut the poverty rate from 31 per- rules, which limits debate, bars amend- my colleagues to oppose the previous cent to 15 percent, and has helped 1,400 ments and requires a two-thirds vote question, Mr. Speaker, and I yield back businesses create 26,000 new jobs. In fis- for passage. Bills typically considered the balance of my time. cal year 2005, each dollar of the ARC under suspension of the rules are bills Mr. ARCURI. Mr. Speaker, I thank funding leveraged $2.57 in other public and resolutions to name post offices my friend and colleague from the Rules funding and $8.46 in private funding. and Federal buildings, congratulate Committee, Mr. HASTINGS. But I must Speaking from personal experience, sports teams and to raise general say that I am a bit confused as to what six counties in my upstate New York awareness of other issues. earmarks and what the statements district have experienced similar suc- Generally, bills authorizing $1 billion that he just made have to do with this cess being a part of the ARC. The Vil- in government expansion are not con- rule. lage of Sherburne in Chenango County sidered under a process with limited Mr. HASTINGS of Washington. Mr. is a great example of how small ARC time for debate and no opportunity for Speaker, will the gentleman yield? grants are extremely helpful in amendment, but that is what the Dem- Mr. ARCURI. I yield to the gen- leveraging funds from State, local and ocrat majority chose to do with the Re- tleman from Washington. private sources for economic develop- gional Economic and Infrastructure Mr. HASTINGS of Washington. I will ment initiatives that create jobs. A Development Act last month. be more than happy to tell you. We

VerDate Aug 31 2005 00:52 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.015 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11261 think that the intent on both sides of structure, into financing hospitals, and move the previous question on the res- the aisle was to have all earmarks have doing the kind of things that I was sent olution. a transparency to them so we know to Congress to do today. The SPEAKER pro tempore. The where those earmarks come from. Mr. Speaker, as I said earlier, pas- question is on ordering the previous Under this rule, we are self-executing sage of this bipartisan legislation, question. an amendment, and that amendment is which this rule provides consideration The question was taken; and the not covered, is not covered under the of, is a critical step toward helping Speaker pro tempore announced that transparency. Now, I don’t know if some of our neediest communities the ayes appeared to have it. there is something within that bill achieve economic parity with the rest Mr. HASTINGS of Washington. Mr. that has earmarks that aren’t being re- of the country. The Regional Economic Speaker, on that I demand the yeas ported, but Leader BOEHNER’s resolu- and Infrastructure Development Act and nays. tion simply would make this subject to authorizes the creation of five regional The yeas and nays were ordered. transparency. That is all we are say- economic development commissions The SPEAKER pro tempore. Pursu- ing. That is all that we are saying. under a common framework of admin- ant to clause 8 of rule XX, further pro- I thank the gentleman for yielding istration and management. These com- ceedings on this question will be post- on this point. missions are designed to address prob- poned. lems of systematic underdevelopment f b 1100 in their respective regions. MEJA EXPANSION AND Mr. ARCURI. I thank the gentleman. In general, the five commissions au- ENFORCEMENT ACT OF 2007 With all due respect, I couldn’t dis- thorized in this bill will utilize the suc- agree more. While some of my col- cessful Appalachian Regional Commis- The SPEAKER pro tempore. Pursu- leagues on the other side continue to sion model, which facilitates a bottom- ant to House Resolution 702 and rule criticize our new earmark rule, the fact up approach. Local development dis- XVIII, the Chair declares the House in of the matter is that the House Demo- tricts, nonprofit organizations, and the Committee of the Whole House on cratic majority has implemented the others bring projects and ideas to the the state of the Union for the further most honest and open earmark rule in commission from the local level, ensur- consideration of the bill, H.R. 2740. the history of the United States House ing that the actions of the commission b 1105 of Representatives. But don’t take my reflect local and regional economic de- IN THE COMMITTEE OF THE WHOLE word for it. In this week’s CQ Weekly, velopment needs and goals. Accordingly, the House resolved Ryan Alexander, president of Tax- Mr. Speaker, as I mentioned a short itself into the Committee of the Whole payers for Common Sense is quoted as while ago, the Northern Border Re- House on the state of the Union for the saying: ‘‘The House has given us more gional Commission created by this leg- further consideration of the bill (H.R. information than we have ever had be- islation builds on the success of the 2740) to require accountability for con- fore on earmarks, and they deserve ARC. It would be charged with invest- tractors and contract personnel under credit for that.’’ ing $40 million each year in Federal re- Federal contracts, and for other pur- Mr. Speaker, the other side continues sources for economic development and poses, with Mr. ARCURI (Acting Chair- to talk about their plan to modify the job creation in the most economically man) in the chair. earmark rule, but what they don’t tell distressed border areas of Maine, New The Clerk read the title of the bill. you is that their earmark rule would York, New Hampshire, and Vermont. The Acting CHAIRMAN. When the not cover any measure not already cov- This commission will help fund Committee of the Whole rose on ered by the earmark rule presently in projects that both strengthen tradi- Wednesday, October 3, 2007, the amend- effect. It is important to remember tional sectors in the region’s economy ments made in order pursuant to House which side actually abused the ear- and help to diversify it. The Northern Resolution 702 had been disposed of. mark process, and who actually Border Regional Commission is focused The question is on the committee stepped up to the plate to reform the on helping areas in the Northeast that amendment in the nature of a sub- system and provide transparency. We have higher levels of unemployment, a stitute, as amended. didn’t wait until 2 months before the significant loss of population, and sig- The committee amendment in the election; we responded to the people’s nificantly low household incomes. nature of a substitute, as amended, was call for more openness on the first day This legislation is yet another exam- agreed to. of this Congress. ple of true bipartisan cooperation often The Acting CHAIRMAN. Under the It seems quite clear to me that the seen on the Transportation and Infra- rule, the Committee rises. minority is more concerned with ob- structure Committee. Accordingly, the Committee rose; structionism, while we are focused on Mr. Speaker, I urge my colleagues on and the Speaker pro tempore (Mr. actually meeting the needs of our con- both sides of the aisle to vote ‘‘yes’’ on ROSS) having assumed the chair, Mr. stituents. That is exactly what this bill the previous question and the rule. ARCURI, Acting Chairman of the Com- does and what the underlying rule The material referred to previously mittee of the Whole House on the state does. by Mr. HASTINGS of Washington is as of the Union, reported that that Com- Mr. HASTINGS of Washington. Mr. follows: mittee, having had under consideration Speaker, will the gentleman yield? AMENDMENT TO H. RES. 704 OFFERED BY MR. the bill (H.R. 2740) to require account- Mr. ARCURI. I yield to the gen- HASTINGS OF WASHINGTON ability for contractors and contract tleman from Washington. At the end of the resolution, add the fol- personnel under Federal contracts, and Mr. HASTINGS of Washington. I ap- lowing: SEC. 3. That immediately upon the adop- for other purposes, pursuant to House preciate the gentleman yielding, and I tion of this resolution the House shall, with- Resolution 702, reported the bill back appreciate that he has a little bit dif- out intervention of any point of order, con- to the House with an amendment ferent view than I have. I would ask sider the resolution (H. Res. 479) to amend adopted by the Committee of the the gentleman, what bills are covered the Rules of the House of Representatives to Whole. by the earmark rule, transparency provide for enforcement of clause 9 of rule The SPEAKER pro tempore. Under rule, that you are talking about today? XXI of the Rules of the House of Representa- the rule, the previous question is or- What bills? tives. The resolution shall be considered as dered. Mr. ARCURI. This bill today. read. The previous question shall be consid- Is a separate vote demanded on any Mr. HASTINGS of Washington. The ered as ordered on the resolution to final adoption without intervening motion or de- amendment to the amendment re- rules only cover appropriation bills. mand for division of the question except: (1) ported from the Committee of the Mr. ARCURI. If I may reclaim my one hour of debate equally divided and con- Whole? If not, the question is on the time, the bill today is covered by it. As trolled by the chairman and ranking minor- amendment. I say, this bill is about helping Ameri- ity member of the Committee on Rules; and The amendment was agreed to. cans. This is about putting Americans (2) one motion to recommit. The SPEAKER pro tempore. The back to work and about putting money Mr. ARCURI. Mr. Speaker, I yield question is on the engrossment and back into the development of infra- back the balance of my time, and I third reading of the bill.

VerDate Aug 31 2005 00:52 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.017 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11262 CONGRESSIONAL RECORD — HOUSE October 4, 2007 The bill was ordered to be engrossed course of employment, whether com- cosponsor and vote for the MEJA Expansion and read a third time, and was read the mitted on duty or off duty, and in- and Enforcement Act to bring these contrac- third time. creases the risk of exposing intel- tors under U.S. jurisdiction if they commit MOTION TO RECOMMIT OFFERED BY MR. FORBES ligence activities. criminal acts. Only by holding these contrac- Mr. FORBES. Mr. Speaker, I offer a We agree with our colleagues on the tors accountable can we actually begin to re- motion to recommit. other side of the aisle that we must store our standing in the world and win hearts The SPEAKER pro tempore. Is the hold everyone accountable under the and minds in Iraq. gentleman opposed to the bill? law. Our criminal code is aimed at en- During consideration of this bill, the House Mr. FORBES. I am, Mr. Speaker, in suring peace and order in our country of Representatives considered a motion to re- its current form. and should not be applied internation- commit forthwith that stated, ‘‘Nothing in this The SPEAKER pro tempore. The ally to every aspect of our Nation’s for- Act shall be construed to affect intelligence ac- Clerk will report the motion to recom- eign activities. tivities that are otherwise permissible prior to mit. Our country relies on our intel- the enactment of this Act.’’ The Clerk read as follows: ligence community to preserve our na- I am an ardent supporter of our efforts to Mr. Forbes moves to recommit the bill tional security and protect our citi- combat terrorism, prevent terrorist attacks, and H.R. 2740 to the Committee on the Judiciary zens. We must legislate responsibly bring terrorists to justice. I want our intel- with instructions to report the same back to when it comes to applying our criminal ligence community to have all of the tools it the House forthwith with the following code to overseas activities. Preserving needs to accomplish these tasks, and believe amendment: At the end of the text of the bill, insert the our critical intelligence operations is it can be successful in doing so within the rule following: paramount. Politics has no role in this of law. Some of my proudest votes on this SEC. 6. RULE OF CONSTRUCTION. decision. floor have been to give our government new Nothing in this Act shall be construed to Mr. Speaker, I urge my colleagues to tools to fight terrorism and keep Americans affect intelligence activities that are other- support the motion. safe. However, for the following reasons I wise permissible prior to the enactment of Mr. Speaker, I yield back the balance could not in good conscience vote for this mo- this Act. of my time. tion to recommit forthwith. The SPEAKER pro tempore. The gen- Mr. CONYERS. Mr. Speaker, I rise to It is often said that, ‘‘the devil is in the de- tleman from Virginia is recognized for accept the motion to recommit. tails.’’ In this case, I fear the level is in the 5 minutes. The SPEAKER pro tempore. Without lack of details. The drafting of this legislative Mr. FORBES. Mr. Speaker, the mo- objection, the gentleman from Michi- language is extremely vague, and I have seri- tion to recommit I have offered is gan is recognized for 5 minutes. ous reservations about the scope of its impact. straightforward. It preserves the abil- There was no objection. It seems that this language could be inter- ity of our intelligence community to Mr. CONYERS. Mr. Speaker, I am preted to provide legal cover to abuses com- protect America’s national security. pleased to thank the distinguished gen- mitted by contractors, like those at Abu We all agree that it is important to tleman from Virginia, the ranking Ghraib, that undermine our national security hold contractors liable for criminal member, RANDY FORBES, because we and are contrary to the founding principles of acts that they commit while working are willing on this side to accept the our nation. On a day when the New York overseas. No one is above the law. But, motion to recommit, with the under- Times has reported at length on the concerted unfortunately, H.R. 2740 in its present standing that we will work to clarify efforts of the Administration to twist the law to form will have significant dangerous its scope, as has been indicated in the make practices like freezing and water-board- consequences to the intelligence com- discussion, and that we do understand ing legal, I could not support language that munity and the vital role it plays in that this would not in any way weaken could be manipulated to provide cover for protecting America. The motion to re- the Military Extraterritorial Jurisdic- such illegal and counterproductive acts. commit clarifies the application of tion Act or invalidate current law I am doubly skeptical of this language be- H.R. 2740 to ensure that critical intel- which is now in place. cause if it was not meant to provide cover for ligence activities will be able to con- Mr. Speaker, with that agreement on questionable acts, it would not be necessary. tinue. the part of the ranking member, this The MEJA Expansion and Enforcement Act The majority in its haste to score po- side accepts the motion to recommit. does not make any previously legal acts ille- litical points has ignored the intel- Mr. HALL of New York. Mr. Speaker, today, gal, it simply extends the jurisdiction of U.S. ligence community’s concerns about the House took an important step to restore law. Previously uncovered contractors would the implications of the bill. Let me accountability to our involvement in Iraq by not be impeded in their work if they were act- take a moment to outline some of the passing H.R. 2740, the MEJA Expansion and ing and continue to act in accordance with the specific concerns that the majority has Enforcement Act of 2007. This bill serves an law. ignored. important purpose by bringing previously un- For these reasons, I voted to support the First, H.R. 2740 covers all agents of accountable private security contractors under MEJA Expansion and Enforcement Act and any Department or agency of the the rule of U.S. law. voted against the motion to recommit forth- United States, including clandestine By some estimates there are nearly 50,000 with. assets. If a clandestine asset was impli- private security personnel working in Iraq. Mr. PRICE of North Carolina. Mr. Speaker, cated in a crime, investigating and ar- These contractors operate largely outside U.S. my colleague from Virginia has offered a mo- resting that asset under traditional and Iraqi law, and episodes of significant con- tion to recommit H.R. 2740 the MEJA Expan- criminal procedures could expose other tractor misconduct raise animosity toward sion and Enforcement Act, to the Judiciary assets and compromise critical intel- Americans in the field and lose us hearts and Committee and to amend the legislation with ligence activities. minds in Iraq. regard to intelligence activities. I will support Second, H.R. 2740 extends United The activities of one of the most prominent this motion, but with two important qualifica- States criminal jurisdiction without contractors, Blackwater, highlight why they are tions. regard to the nationality of the of- a counterproductive influence in Iraq and their The motion to recommit would amend H.R. fender. Host country nationals serving activities must be curtailed. Two weeks ago, 2740 with a rule of construction, stating, ‘‘noth- or assisting sensitive assets could be- Blackwater personnel guarding a State De- ing in this Act shall be construed to affect in- come criminally liable for a felony vio- partment group were involved in a shootout telligence activities that are otherwise permis- lation of U.S. law and undermine crit- that resulted in the deaths of as many as 17 sible prior to the enactment of this Act.’’ This ical intelligence activities. Iraqis. Yesterday, the Government Reform amendment does not at all modify the force of Third, H.R. 2740 applies the entire Committee disclosed that Blackwater has my legislation, does not limit the scope of the criminal code to the new category of been involved in 195 escalation of force inci- MEJA jurisdiction, and does not grant immu- potential offenders and could implicate dents since 2005 and in 80 percent of those nity to anyone, including contractor employees the authorized business of the intel- Blackwater fired the first shots. of the intelligence community. Put simply, I am ligence community employees and con- These incidents combined with a host of voting in support of this motion because it in tractors. other abuses clearly indicate that we need to no way alters the underlying bill before us. The bill also does not limit criminal stop putting contractors in Iraq and bring those With that said, let me attach two qualifica- liability to activities that occur in the there under control. That’s why I was proud to tions to my support. First, the amendment is

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It was a very different proponents may be seeking to protect. missible, appropriate intelligence activities. document, according to officials briefed on My legislation would indeed place contractor I raise this concern because, as my col- it, an expansive endorsement of the harshest employees of non-defense related agencies leagues well know, Congress—including mem- interrogation techniques ever used by the under the extraterritorial jurisdiction of United bers on both sides of the aisle—and this Ad- Central Intelligence Agency. States federal law, granting the Department of ministration have been at significant odds The new opinion, the officials said, for the Justice authority to prosecute felony offenses about the activities appropriate for our military first time provided explicit authorization to committed by non-defense contractors. De- and intelligence community to perform in cer- barrage terror suspects with a combination fense contractors are already covered by tain contexts relating to the war in Iraq and the of painful physical and psychological tactics, MEJA, a point that seems lost on the authors including head-slapping, simulated drowning broader war against terrorism, especially with and frigid temperatures. of this motion. Given that the majority of the regard to the treatment of suspects in interro- Mr. Gonzales approved the legal memo- intelligence community falls under the Depart- gations and detentions. There is rampant evi- randum on ‘‘combined effects’’ over the ob- ment of Defense, it stands to reason that dence that this Administration believes certain jections of James B. Comey, the deputy at- many—if not most—contractors engaged in in- activities to be ‘‘permissible’’ which are clearly torney general, who was leaving his job after telligence-related activities are already under illegal under several statutes in United States bruising clashes with the White House. Dis- the jurisdiction of federal law. Not only that, Code. agreeing with what he viewed as the opin- employees of the Defense Department intel- ion’s overreaching legal reasoning, Mr. Just today, for example, the New York Comey told colleagues at the department ligence agencies, including agents of the De- Times reported that the Department of Justice that they would all be ‘‘ashamed’’ when the fense Intelligence Agency, the National Secu- has issued secret memorandums that, in di- world eventually learned of it. rity Agency, and intelligence services of the rect contrast to the policies they have publicly Later that year, as Congress moved toward different branches of the Armed Forces, avowed, amounted to ‘‘an expansive endorse- outlawing ‘‘cruel, inhuman and degrading’’ among others, are covered by MEJA, and this ment of the harshest interrogation techniques treatment, the Justice Department issued coverage has not endangered our national se- ever used by the Central Intelligence Agency’’ another secret opinion, one most lawmakers curity in the least. So concerns about my leg- did not know existed, current and former of- and ‘‘for the first time provided explicit author- ficials said. The Justice Department docu- islation, which deals with non-defense contrac- ization to barrage terror suspects with a com- ment declared that none of the C.I.A. inter- tors, seem ill-founded in the context of current bination of painful physical and psychological rogation methods violated that standard. law. tactics, including head-slapping, simulated The classified opinions, never previously To my knowledge, there have never been drowning and frigid temperatures.’’ I submit disclosed, are a hidden legacy of President significant concerns raised about the coverage the full article for inclusion in the RECORD. Bush’s second term and Mr. Gonzales’s ten- of these Defense Department intelligence The harshest forms of physical and psycho- ure at the Justice Department, where he agents and contractors, for one major reason: logical tactics outlined in this article are inap- moved quickly to align it with the White prosecutorial discretion. The Department of House after a 2004 rebellion by staff lawyers propriate and illegal for our military personnel that had thrown policies on surveillance and Justice always has the discretion to refrain and intelligence agents, to say nothing of pri- detention into turmoil. from prosecuting a case if it will endanger our vate contractors, and it is abominable that this Congress and the Supreme Court have in- national security interests. My legislation does Administration continues to work to circumvent tervened repeatedly in the last two years to not compel prosecution and it does not inter- our time-honored values and laws to authorize impose limits on interrogations, and the ad- fere with the prosecutor’s discretion. If a pros- behavior that is un-American to its core. ministration has responded as a policy mat- ecutor ever has concerns that prosecution of There are clear laws on the books prohib- ter by dropping the most extreme tech- niques. But the 2005 Justice Department a contractor under MEJA would endanger iting torture, including the War Crimes Act (18 state secrets, expose clandestine networks, or opinions remain in effect, and their legal U.S. Code 2441) and the federal anti-torture conclusions have been confirmed by several otherwise undermine our security interests, the statute (18 U.S. Code 2340). Moreover, torture more recent memorandums, officials said. prosecutor has the discretion not to prosecute is prohibited by the Uniform Code of Military They show how the White House has suc- the case. It’s as simple as that. Justice (articles 77–134). And the United ceeded in preserving the broadest possible Let me also point out that this bill only af- States is a ratified signatory to international legal latitude for harsh tactics. fects contractors who commit felony crimes. treaties, including the Geneva Conventions A White House spokesman, Tony Fratto, So long as private contractors, including those said Wednesday that he would not comment (Common Article 3) and the Convention on any legal opinion related to interroga- who are engaged in intelligence-related activi- Against Torture, which specifically outlaw tor- ties, are conducting themselves within the tions. Mr. Fratto added, ‘‘We have gone to ture. Most importantly, the United States Con- great lengths, including statutory efforts bounds of the law, this legislation is irrelevant stitution (amendments 5, 8, and 14) explicitly and the recent executive order, to make it to them. However, if there are private, for-prof- prohibits cruel, unusual, and inhumane treat- clear that the intelligence community and it contractors tasked with duties that require ment or punishment. our practices fall within U.S. law’’ and inter- them to commit felony offenses, Congress The kinds of activities that, to the great national agreements. needs to know about it. Such a revelation shame of our nation, have been carried out at More than two dozen current and former officials involved in counterterrorism were would point to a need for a serious debate Abu Ghraib prison and Guantanamo Bay de- about whether we are using contractors appro- interviewed over the past three months tention facilities are not, in any circumstances, about the opinions and the deliberations on priately. permissible. Let us be clear that, in the pas- interrogation policy. Most officials would My second qualification is that this amend- sage of this motion, we are in no way author- speak only on the condition of anonymity ment raises serious questions about the activi- izing or legitimating these behaviors. Let us because of the secrecy of the documents and ties it may be intended to protect. The ques- also be clear that, in this passage of this legis- the C.I.A. detention operations they govern. tion here is, given that my bill only targets ac- lation, we are providing federal prosecutors When he stepped down as attorney general tivities that are unlawful, why do my col- in September after widespread criticism of the tools to arrest and prosecute any con- the firing of federal prosecutors and with- leagues feel the need to clarify that it does not tractor working for this government who com- affect activities that are permissible? What ac- ering attacks on his credibility, Mr. mits such abominable acts to the full extent of Gonzales talked proudly in a farewell speech tivities are contractors carrying out that are the law. of how his department was ‘‘a place of inspi- permissible but not lawful? [From the New York Times, Oct. 4, 2007] ration’’ that had balanced the necessary I have great apprehension about what might flexibility to conduct the war on terrorism SECRET U.S. ENDORSEMENT OF SEVERE be meant in this context, but first let me state with the need to uphold the law. INTERROGATIONS clearly: the law is the highest authority in the Associates at the Justice Department said land, other than the constitution. The law (By Scott Shane, David Johnston and James Mr. Gonzales seldom resisted pressure from Risen) trumps executive orders, memorandums, and Vice President Dick Cheney and David S. policies in all cases. I am voting for this mo- WASHINGTON, Oct. 3.—When the Justice De- Addington, Mr. Cheney’s counsel, to endorse partment publicly declared torture ‘‘abhor- policies that they saw as effective in safe- tion with the understanding that there is no ac- rent’’ in a legal opinion in December 2004, guarding Americans, even though the prac- tivity a contractor might be performing that the Bush administration appeared to have tices brought the condemnation of other gov- could ever be permissible but not lawful. The abandoned its assertion of nearly unlimited ernments, human rights groups and Demo- activities that we assign to private contractors presidential authority to order brutal inter- crats in Congress. Critics say Mr. Gonzales must be in accordance with the law on the rogations. turned his agency into an arm of the Bush

VerDate Aug 31 2005 00:52 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.023 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11264 CONGRESSIONAL RECORD — HOUSE October 4, 2007 White House, undermining the department’s harrowing pressure tactics. They included cials, for the first time, disclosed that a vari- independence. slaps to the head; hours held naked in a frig- ety of tough interrogation tactics were used The interrogation opinions were signed by id cell; days and nights without sleep while about 100 times over two weeks on Mr. Mo- Steven G. Bradbury, who since 2005 has head- battered by thundering rock music; long pe- hammed. Agency officials then ordered a ed the elite Office of Legal Counsel at the riods manacled in stress positions; or the ul- halt, fearing the combined assault might Justice Department. He has become a fre- timate, waterboarding. have amounted to illegal torture. A C.I.A. quent public defender of the National Secu- Never in history had the United States au- spokesman, George Little, declined to dis- rity Agency’s domestic surveillance program thorized such tactics. While President Bush cuss the handling of Mr. Mohammed. Mr. and detention policies at Congressional hear- and C.I.A. officials would later insist that Little said the program ‘‘has been conducted ings and press briefings, a role that some the harsh measures produced crucial intel- lawfully, with great care and close review’’ legal scholars say is at odds with the office’s ligence, many veteran interrogators, psy- and ‘‘has helped our country disrupt ter- tradition of avoiding political advocacy. chologists and other experts say that less co- rorist plots and save innocent lives.’’ Mr. Bradbury defended the work of his of- ercive methods are equally or more effective. ‘‘The agency has always sought a clear fice as the government’s most authoritative With virtually no experience in interroga- legal framework, conducting the program in interpreter of the law. ‘‘In my experience, tions, the C.I.A. had constructed its program strict accord with U.S. law, and protecting the White House has not told me how an in a few harried months by consulting Egyp- the officers who go face-to-face with ruthless opinion should come out,’’ he said in an tian and Saudi intelligence officials and terrorists,’’ Mr. Little added. interview. ‘‘The White House has accepted copying Soviet interrogation methods long Some intelligence officers say that many and respected our opinions, even when they used in training American service men to of Mr. Mohammed’s statements proved exag- didn’t like the advice being given.’’ withstand capture. The agency officers ques- gerated or false. One problem, a former sen- The debate over how terrorism suspects tioning prisoners constantly sought advice ior agency official said, was that the C.I.A.’s should be held and questioned began shortly from lawyers thousands of miles away. initial interrogators were not experts on Mr. after the Sept. 11, 2001, attacks, when the ‘‘We were getting asked about combina- Mohammed’s background or Al Qaeda, and it Bush administration adopted secret deten- tions—‘Can we do this and this at the same took about a month to get such an expert to tion and coercive interrogation, both prac- time?’’’ recalled Paul C. Kelbaugh, a veteran the secret prison. The former official said tices the United States had previously de- intelligence lawyer who was deputy legal many C.I.A. professionals now believe pa- nounced when used by other countries. It counsel at the C.I.A.’s Counterterrorist Cen- tient, repeated questioning by well-informed adopted the new measures without public de- ter from 2001 to 2003. experts is more effective than harsh physical bate or Congressional vote, choosing to rely Interrogators were worried that even ap- pressure. instead on the confidential legal advice of a proved techniques had such a painful, multi- Other intelligence officers, including Mr. handful of appointees. plying effect when combined that they might Kelbaugh, insist that the harsh treatment The policies set off bruising internal bat- cross the legal line, Mr. Kelbaugh said. He produced invaluable insights into Al Qaeda’s tles, pitting administration moderates recalled agency officers asking: ‘‘These ap- structure and plans. ‘‘We leaned in pretty against hard-liners, military lawyers against proved techniques, say, withholding food, hard on K.S.M.,’’ Mr. Kelbaugh said, refer- Pentagon chiefs and, most surprising, a and 50-degree temperature—can they be com- ring to Mr. Mohammed. ‘‘We were getting handful of conservative lawyers at the Jus- bined?’’ Or ‘‘Do I have to do the less extreme good information, and then they were told: tice Department against the White House in before the more extreme?’’ ‘‘Slow it down. It may not be correct. Wait the stunning mutiny of 2004. But under Mr. The questions came more frequently, Mr. for some legal clarification.’’ Gonzales and Mr. Bradbury, the Justice De- Kelbaugh said, as word spread about a C.I.A. The doubts at the C.I.A. proved prophetic. partment was wrenched back into line with inspector general inquiry unrelated to the In late 2003, after Mr. Yoo left the Justice the White House. war on terrorism. Some veteran C.I.A. offi- Department, the new head of the Office of After the Supreme Court ruled in 2006 that cers came under scrutiny because they were Legal Counsel, Jack Goldsmith, began re- the Geneva Conventions applied to prisoners advisers to Peruvian officers who in early viewing his work, which he found deeply who belonged to Al Qaeda, President Bush 2001 shot down a missionary flight they had flawed. Mr. Goldsmith infuriated White for the first time acknowledged the C.I.A.’s mistaken for a drug-running aircraft. The House officials, first by rejecting part of the secret jails and ordered their inmates moved Americans were not charged with crimes, National Security Agency’s surveillance pro- to Guanta´ namo Bay, Cuba. The C.I.A. halted but they endured three years of investiga- gram, prompting the threat of mass resigna- its use of waterboarding, or pouring water tion, saw their careers derailed and ran up tions by top Justice Department officials, in- over a bound prisoner’s cloth-covered face to big legal bills. cluding Mr. Ashcroft and Mr. Comey, and a induce fear of suffocation. That experience shook the Qaeda interro- showdown at the attorney general’s hospital But in July, after a monthlong debate in- gation team, Mr. Kelbaugh said. ‘‘You think bedside. side the administration, President Bush you’re making a difference and maybe saving Then, in June 2004, Mr. Goldsmith formally signed a new executive order authorizing the 3,000 American lives from the next attack. withdrew the August 2002 Yoo memorandum use of what the administration calls ‘‘en- And someone tells you, ‘Well, that guidance on interrogation, which he found over- hanced’’ interrogation techniques—the de- was a little vague, and the inspector general reaching and poorly reasoned. Mr. Goldsmith tails remain secret—and officials say the wants to talk to you,’’’ he recalled. ‘‘We left the Justice Department soon afterward. C.I.A. again is holding prisoners in ‘‘black couldn’t tell them, ‘Do the best you can,’ be- He first spoke at length about his dissenting sites’’ overseas. The executive order was re- cause the people who did the best they could views to The New York Times last month, viewed and approved by Mr. Bradbury and in Peru were looking at a grand jury.’’ Mr. and testified before the Senate Judiciary the Office of Legal Counsel. Kelbaugh said the questions were sometimes Committee on Tuesday. Douglas W. Kmiec, who headed that office close calls that required consultation with Six months later, the Justice Department under President Ronald Reagan and the first the Justice Department. But in August 2002, quietly posted on its Web site a new legal President George Bush and wrote a book the department provided a sweeping legal opinion that appeared to end any flirtation about it, said he believed the intense pres- justification for even the harshest tactics. with torture, starting with its clarionlike sures of the campaign against terrorism have That opinion, which would become infa- opening: ‘‘Torture is abhorrent both to warped the office’s proper role. mous as ‘‘the torture memo’’ after it was American law and values and to inter- ‘‘The office was designed to insulate leaked, was written largely by John Yoo, a national norms.’’ against any need to be an advocate,’’ said young Berkeley law professor serving in the A single footnote—added to reassure the Mr. Kmiec, now a conservative scholar at Office of Legal Counsel. His broad views of C.I.A.—suggested that the Justice Depart- Pepperdine University law school. But at presidential power were shared by Mr. ment was not declaring the agency’s pre- times in recent years, Mr. Kmiec said, the of- Addington, the vice president’s adviser. vious actions illegal. But the opinion was un- fice, headed by William H. Rehnquist and Their close alliance provoked John Ashcroft, mistakably a retreat. Some White House of- Antonin Scalia before they served on the Su- then the attorney general, to refer privately ficials had opposed publicizing the docu- preme Court, ‘‘lost its ability to say no.’’ to Mr. Yoo as Dr. Yes for his seeming eager- ment, but acquiesced to Justice Department ‘‘The approach changed dramatically with ness to give the White House whatever legal officials who argued that doing so would help opinions on the war on terror,’’ Mr. Kmiec justifications it desired, a Justice Depart- clear the way for Mr. Gonzales’s confirma- said. ‘‘The office became an advocate for the ment official recalled. tion as attorney general. president’s policies.’’ Mr. Yoo’s memorandum said no interroga- If President Bush wanted to make sure the From the secret sites in Afghanistan, Thai- tion practices were illegal unless they pro- Justice Department did not rebel again, Mr. land and Eastern Europe where C.I.A. teams duced pain equivalent to organ failure or Gonzales was the ideal choice. As White held Qaeda terrorists, questions for the law- ‘‘even death.’’ A second memo produced at House counsel, he had been a fierce protector yers at C.I.A. headquarters arrived daily. the same time spelled out the approved prac- of the president’s prerogatives. Deeply loyal Nervous interrogators wanted to know: Are tices and how often or how long they could to Mr. Bush for championing his career from we breaking the laws against torture? The be used. Despite that guidance, in March their days in Texas, Mr. Gonzales would Bush administration had entered uncharted 2003, when the C.I.A. caught Khalid Sheikh sometimes tell colleagues that he had just legal territory beginning in 2002, holding Mohammed, the chief planner of the Sept. 11 one regret about becoming attorney general: prisoners outside the scrutiny of the Inter- attacks, interrogators were again haunted He did not see nearly as much of the presi- national Red Cross and subjecting them to by uncertainty. Former intelligence offi- dent as he had in his previous post.

VerDate Aug 31 2005 02:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.025 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11265 Among his first tasks at the Justice De- ‘‘If the purpose of the delay was a tryout, Mr. Gonzales’s aides were happy to see Mr. partment was to find a trusted chief for the I think they should have avoided it,’’ Mr. Comey depart in the summer of 2005. That Office of Legal Counsel. First he informed Cooper said. ‘‘You’re implying that the act- June, President Bush nominated Mr. Daniel Levin, the acting head who had ing official is molding his or her legal anal- Bradbury to head the Office of Legal Coun- backed Mr. Goldsmith’s dissents and signed ysis to win the job.’’ sel, which some colleagues viewed as a sign the new opinion renouncing torture, that he Mr. Bradbury said he made no such conces- that he had passed a loyalty test. Soon Mr. would not get the job. He encouraged Mr. sions. ‘‘No one ever suggested to me that my Bradbury applied his practical approach to a Levin to take a position at the National Se- nomination depended on how I ruled on any new challenge to the C.I.A.’s methods. curity Council, in effect sidelining him. opinion,’’ he said. ‘‘Every opinion I’ve signed The administration had always asserted Mr. Bradbury soon emerged as the pre- at the Office of Legal Counsel represents my that the C.I.A.’s pressure tactics did not sumed favorite. But White House officials, best judgment of what the law requires.’’ amount to torture, which is banned by fed- still smarting from Mr. Goldsmith’s rebuffs, Scott Horton, an attorney affiliated with eral law and international treaty. But offi- chose to delay his nomination. Harriet E. Human Rights First who has closely followed cials had privately decided the agency did Miers, the new White House counsel, ‘‘de- the interrogation debate, said any official of- not have to comply with another provision cided to watch Bradbury for a month or two. fering legal advice on the campaign against in the Convention Against Torture—the pro- He was sort of on trial,’’ one Justice Depart- terror was on treacherous ground. hibition on ‘‘cruel, inhuman, or degrading’’ ment official recalled. ‘‘For government lawyers, the national se- treatment. Mr. Bradbury’s biography had a Horatio curity issues they were deciding were like Now that loophole was about to be closed. Alger element that appealed to a succession working with nuclear waste—extremely haz- First Senator Richard J. Durbin, Democrat of bosses, including Justice Clarence Thomas ardous to their health,’’ Mr. Horton said. ‘‘If of Illinois, and then Senator John McCain, of the Supreme Court and Mr. Gonzales, the you give the administration what it wants, the Arizona Republican who had been tor- son of poor immigrants. Mr. Bradbury’s fa- you’ll lose credibility in the academic com- tured as a prisoner in North Vietnam, pro- ther had died when he was an infant, and his munity,’’ he said. ‘‘But if you hold back, posed legislation to ban such treatment. At mother took in laundry to support her chil- you’ll be vilified by conservatives and the the administration’s request, Mr. Bradbury dren. The first in his family to go to college, administration.’’ assessed whether the proposed legislation he attended Stanford and the University of In any case, the White House grew com- would outlaw any C.I.A. methods, a legal Michigan Law School. He joined the law firm fortable with Mr. Bradbury’s approach. He question that had never before been an- of Kirkland & Ellis, where he came under the helped block the appointment of a liberal Ivy swered by the Justice Department. tutelage of Kenneth W. Starr, the White- League law professor to a career post in the At least a few administration officials ar- water independent prosecutor. Office of Legal Counsel. And he signed the gued that no reasonable interpretation of Mr. Bradbury belonged to the same circle opinion approving combined interrogation ‘‘cruel, inhuman or degrading’’ would permit as his predecessors: young, conservative law- techniques. the most extreme C.I.A. methods, like yers with sterling credentials, often with Mr. Comey strongly objected and told asso- waterboarding. Mr. Bradbury was placed in a clerkships for prominent conservative judges ciates that he advised Mr. Gonzales not to tough spot, said Mr. Zelikow, the State De- and ties to the Federalist Society, a power- endorse the opinion. But the attorney gen- partment counselor, who was working at the house of the legal right. Mr. Yoo, in fact, had eral made clear that the White House was time to rein in interrogation policy. ‘‘If Jus- proposed his old friend Mr. Goldsmith for the adamant about it, and that he would do tice says some practices are in violation of Office of Legal Counsel job; Mr. Goldsmith nothing to resist. the C.I.D. standard,’’ Mr. Zelikow said, refer- had hired Mr. Bradbury as his top deputy. Under Mr. Ashcroft, Mr. Comey’s opposi- ring to cruel, inhuman or degrading, ‘‘then ‘‘We all grew up together,’’ said Viet D. tion might have killed the opinion. An im- they are now saying that officials broke cur- Dinh, an assistant attorney general from 2001 posing former prosecutor and self-described rent law.’’ to 2003 and very much a member of the club. conservative who stands 6-foot-8, he was the In the end, Mr. Bradbury’s opinion deliv- ‘‘You start with a small universe of Supreme rare administration official who was willing ered what the White House wanted: a state- Court clerks, and you narrow it down from to confront Mr. Addington. At one testy 2004 ment that the standard imposed by Mr. there.’’ White House meeting, when Mr. Comey stat- McCain’s Detainee Treatment Act would not But what might have been subtle dif- ed that ‘‘no lawyer’’ would endorse Mr. Yoo’s force any change in the C.I.A.’s practices, ac- ferences in quieter times now cleaved them justification for the N.S.A. program, Mr. cording to officials familiar with the memo. into warring camps. Addington demurred, saying he was a lawyer Relying on a Supreme Court finding that Justice Department colleagues say Mr. and found it convincing. Mr. Comey shot only conduct that ‘‘shocks the conscience’’ Gonzales was soon meeting frequently with back: ‘‘No good lawyer,’’ according to some- was unconstitutional, the opinion found that Mr. Bradbury on national security issues, a one present. in some circumstances not even White House priority. Admirers describe Mr. But under Mr. Gonzales, and after the de- waterboarding was necessarily cruel, inhu- Bradbury as low-key but highly skilled, a parture of Mr. Goldsmith and other allies, man or degrading, if, for example, a suspect conciliator who brought from 10 years of cor- the deputy attorney general found himself was believed to possess crucial intelligence porate practice a more pragmatic approach isolated. His troublemaking on N.S.A. and on about a planned terrorist attack, the offi- to the job than Mr. Yoo and Mr. Goldsmith, interrogation, and in appointing his friend cials familiar with the legal finding said. both from the academic world. Patrick J. Fitzgerald as special prosecutor in In a frequent practice, Mr. Bush attached a ‘‘As a practicing lawyer, you know how to the C.I.A. leak case, which would lead to the statement to the new law when he signed it, address real problems,’’ said Noel J. Fran- perjury conviction of I. Lewis Libby, Mr. declaring his authority to set aside the re- cisco, who worked at the Justice Department Cheney’s chief of staff, had irreparably of- strictions if they interfered with his con- from 2003 to 2005. ‘‘At O.L.C., you’re not writ- fended the White House. stitutional powers. At the same time, ing law review articles and you’re not theo- ‘‘On national security matters generally, though, the administration responded to rizing. You’re giving a client practical ad- there was a sense that Comey was a wimp pressure from Mr. McCain and other law- vice on a real problem.’’ and that Comey was disloyal,’’ said one Jus- makers by reviewing interrogation policy As he had at the White House, Mr. tice Department official who heard the and giving up several C.I.A. techniques. Gonzales usually said little in meetings with White House talk, expressed with particular Since late 2005, Mr. Bradbury has become a other officials, often deferring to the hard- force by Mr. Addington. linchpin of the administration’s defense of driving Mr. Addington. Mr. Bradbury also Mr. Comey provided some hints of his counterterrorism programs, helping to nego- often appeared in accord with the vice presi- thinking about interrogation and related tiate the Military Commissions Act last year dent’s lawyer. issues in a speech that spring. Speaking at and frequently testifying about the N.S.A. Mr. Bradbury appeared to be ‘‘fundamen- the N.S.A.’s Fort Meade campus on Law surveillance program. Once, he answered tally sympathetic to what the White House Day—a noteworthy setting for the man who questions about administration detention and the C.I.A. wanted to do,’’ recalled Philip had helped lead the dissent a year earlier policies for an ‘‘Ask the White House’’ fea- Zelikow, a former top State Department offi- that forced some changes in the N.S.A. pro- ture on a Web site. cial. At interagency meetings on detention gram—Mr. Comey spoke of the ‘‘agonizing Mr. Kmiec, the former Office of Legal and interrogation, Mr. Addington was at collisions’’ of the law and the desire to pro- Counsel head now at Pepperdine, called Mr. times ‘‘vituperative,’’ said Mr. Zelikow, but tect Americans. Bradbury’s public activities a departure for Mr. Bradbury, while taking similar posi- ‘‘We are likely to hear the words: ‘If we an office that traditionally has shunned any tions, was ‘‘professional and collegial.’’ don’t do this, people will die,’’’ Mr. Comey advocacy role. While waiting to learn whether he would said. But he argued that government lawyers A senior administration official called Mr. be nominated to head the Office of Legal must uphold the principles of their great in- Bradbury’s active role in shaping legislation Counsel, Mr. Bradbury was in an awkward stitutions. and speaking to Congress and the press ‘‘en- position, knowing that a decision contrary ‘‘It takes far more than a sharp legal mind tirely appropriate’’ and consistent with past to White House wishes could kill his chances. to say ‘no’ when it matters most,’’ he said. practice. The official, who spoke on the con- Charles J. Cooper, who headed the Office of ‘‘It takes moral character. It takes an under- dition of anonymity, said Mr. Bradbury ‘‘has Legal Counsel under President Reagan, said standing that in the long run, intelligence played a critical role in achieving greater he was ‘‘very troubled’’ at the notion of a under law is the only sustainable intel- transparency’’ on the legal basis for deten- probationary period. ligence in this country.’’ tion and surveillance programs.

VerDate Aug 31 2005 00:52 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.027 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11266 CONGRESSIONAL RECORD — HOUSE October 4, 2007 Though President Bush repeatedly nomi- Davis (CA) King (NY) Ramstad Hastings (FL) McDermott Scott (VA) nated Mr. Bradbury as the Office of Legal Davis (KY) Kingston Regula Hinchey McGovern Serrano Counsel’s assistant attorney general, Demo- Davis, David Kirk Rehberg Hirono Miller, George Sires Hodes Mollohan cratic senators have blocked the nomination. Davis, Lincoln Klein (FL) Reichert Slaughter Davis, Tom Kline (MN) Reyes Holt Moore (WI) Senator Durbin said the Justice Department Solis Deal (GA) Knollenberg Reynolds Honda Moran (VA) Stark would not turn over copies of his opinions or DeFazio Kuhl (NY) Richardson Inslee Murtha Sutton other evidence of Mr. Bradbury’s role in in- DeGette LaHood Rodriguez Jackson (IL) Olver Thompson (MS) Jackson-Lee Pallone terrogation policy. DeLauro Lamborn Rogers (AL) Tierney Dent Lampson (TX) Pascrell ‘‘There are fundamental questions about Rogers (KY) Towns Diaz-Balart, L. Langevin Johnson (GA) Pastor whether Mr. Bradbury approved interroga- Rogers (MI) Vela´ zquez Diaz-Balart, M. Lantos Johnson, E. B. Payne tion methods that are clearly unacceptable,’’ Rohrabacher Waters Dicks Larsen (WA) Ros-Lehtinen Jones (OH) Rahall Mr. Durbin said. Donnelly Larson (CT) Kanjorski Rangel Watson John D. Hutson, who served as the Navy’s Roskam Watt Doolittle Latham Ross Kilpatrick Rothman Kucinich Roybal-Allard Waxman top lawyer from 1997 to 2000, said he believed Doyle LaTourette Royce Lewis (GA) Sa´ nchez, Linda Woolsey that the existence of legal opinions justi- Drake Levin Ruppersberger Dreier Lewis (CA) Markey T. Wynn fying abusive treatment is pernicious, poten- Rush Duncan Lewis (KY) McCollum (MN) Sanchez, Loretta Yarmuth tially blurring the rules for Americans han- Ryan (OH) Edwards Linder dling prisoners. Ryan (WI) Ehlers Lipinski NOT VOTING—15 Salazar ‘‘I know from the military that if you tell Ellsworth LoBiondo Barrett (SC) Delahunt Perlmutter Sali someone they can do a little of this for the Emanuel Loebsack Bartlett (MD) Dingell Pickering Sarbanes country’s good, some people will do a lot of Emerson Lofgren, Zoe Carson Gerlach Pryce (OH) Saxton it for the country’s better,’’ Mr. Hutson said. Engel Lowey Cubin Jindal Renzi Schakowsky Like other military lawyers, he also fears English (PA) Lucas Davis, Jo Ann Lee Visclosky Eshoo Lungren, Daniel Schiff that official American acceptance of such Schmidt b 1141 treatment could endanger Americans in the Etheridge E. Everett Lynch Schwartz future. Scott (GA) Mr. MCGOVERN, Mr. ROTHMAN, Ms. Fallin Mack ´ ‘‘The problem is, once you’ve got a legal Fattah Mahoney (FL) Sensenbrenner VELAZQUEZ, Mr. HONDA, Mr. FARR, opinion that says such a technique is O.K., Feeney Maloney (NY) Sessions Ms. LORETTA SANCHEZ of California, what happens when one of our people is cap- Ferguson Manzullo Sestak Mr. BECERRA, Mr. WAXMAN, Ms. Shadegg tured and they do it to him? How do we pro- Flake Marchant MOORE of Wisconsin, Mr. MOLLOHAN, test then?’’ he asked. Forbes Marshall Shays Fortenberry Matheson Shea-Porter Mr. GRIJALVA, Ms. LINDA T. Mr. CONYERS. Mr. Speaker, I yield Fossella Matsui Sherman SA´ NCHEZ of California, Mr. HODES, back the balance of my time. Foxx McCarthy (CA) Shimkus Ms. WATERS, Mr. OLVER and Mr. The SPEAKER pro tempore. Without Frank (MA) McCarthy (NY) Shuler Franks (AZ) McCaul (TX) Shuster TIERNEY changed their vote from objection, the previous question is or- Frelinghuysen McCotter Simpson ‘‘yea’’ to ‘‘nay.’’ dered on the motion to recommit. Gallegly McCrery Skelton Messrs. LAHOOD, CAPUANO, WIL- There was no objection. Garrett (NJ) McHenry Smith (NE) SON of Ohio, HARE, BRADY of Penn- The SPEAKER pro tempore. The Giffords McHugh Smith (NJ) Gilchrest McIntyre Smith (TX) sylvania, ISRAEL, EMANUEL, question is on the motion to recommit. Gillibrand McKeon Smith (WA) FATTAH, AL GREEN of Texas, The question was taken; and the Gingrey McMorris Snyder BOEHNER, MEEKS of New York, Speaker pro tempore announced that Gohmert Rodgers Souder Goode McNerney LARSON of Connecticut, Ms. MATSUI, the ayes appeared to have it. Space Goodlatte McNulty Spratt Mr. THOMPSON of California, Mrs. Mr. FORBES. Mr. Speaker, on that I Gordon Meek (FL) Stearns CAPPS and Mr. NADLER changed demand the yeas and nays. Granger Meeks (NY) Stupak their vote from ‘‘nay’’ to ‘‘yea.’’ Graves Melancon Sullivan The yeas and nays were ordered. Green, Al Mica So the motion to recommit was Tancredo The SPEAKER pro tempore. Pursu- Green, Gene Michaud Tanner agreed to. Hall (TX) Miller (FL) ant to clause 8 and clause 9 of rule XX, Tauscher The result of the vote was announced Hare Miller (MI) this 15-minute vote on the motion to Taylor Harman Miller (NC) as above recorded. Terry recommit will be followed by 5-minutes Hastert Miller, Gary Mr. CONYERS. Mr. Speaker, pursu- votes on passage of H.R. 2740, if or- Hastings (WA) Mitchell Thompson (CA) Thornberry ant to the instructions of the House in dered; ordering the previous question Hayes Moore (KS) the motion to recommit, I report the Heller Moran (KS) Tiahrt on H. Res. 704; adoption of H. Res. 704, Hensarling Murphy (CT) Tiberi bill, H.R. 2740, back to the House with if ordered; ordering the previous ques- Herger Murphy, Patrick Turner an amendment. Herseth Sandlin Murphy, Tim Udall (CO) tion on H. Res. 703; and adoption of H. Udall (NM) The SPEAKER pro tempore. The Res. 703, if ordered. Higgins Musgrave Hill Myrick Upton Clerk will report the amendment. The vote was taken by electronic de- Hinojosa Nadler Van Hollen The Clerk read as follows: vice, and there were—yeas 342, nays 75, Hobson Napolitano Walberg Amendment: Hoekstra Neal (MA) Walden (OR) not voting 15, as follows: Walsh (NY) At the end of the text of the bill, insert the Holden Neugebauer following: [Roll No. 939] Hooley Nunes Walz (MN) YEAS—342 Hoyer Oberstar Wamp SEC. 6. RULE OF CONSTRUCTION. Hulshof Obey Wasserman Nothing in this Act shall be construed to Ackerman Blunt Cannon Hunter Ortiz Schultz affect intelligence activities that are other- Aderholt Boehner Cantor Inglis (SC) Paul Weiner wise permissible prior to the enactment of Akin Bonner Capito Welch (VT) Israel Pearce this Act. Alexander Bono Capps Issa Pence Weldon (FL) Allen Boozman Capuano Jefferson Peterson (MN) Weller The SPEAKER pro tempore. The Altmire Boren Cardoza Johnson (IL) Peterson (PA) Westmoreland question is on the amendment. Arcuri Boswell Carnahan Johnson, Sam Petri Wexler Baca Boucher Carney Jones (NC) Pitts Whitfield The amendment was agreed to. Bachmann Boustany Carter Jordan Platts Wicker The SPEAKER pro tempore. The Bachus Boyd (FL) Castle Kagen Poe Wilson (NM) question is on the engrossment and Baird Boyda (KS) Chabot Kaptur Pomeroy Wilson (OH) third reading of the bill. Baker Brady (PA) Chandler Keller Porter Wilson (SC) Barrow Brady (TX) Coble Kennedy Price (GA) Wolf The bill was ordered to be engrossed Barton (TX) Broun (GA) Cole (OK) Kildee Price (NC) Wu and read a third time, and was read the Bean Brown (SC) Conaway Kind Putnam Young (AK) third time. Berkley Brown, Corrine Conyers King (IA) Radanovich Young (FL) Berman Brown-Waite, Cooper The SPEAKER pro tempore. The Berry Ginny Costa NAYS—75 question is on the passage of the bill. Biggert Buchanan Costello The question was taken; and the Bilbray Burgess Courtney Abercrombie Clay Ellison Bilirakis Burton (IN) Cramer Andrews Cleaver Farr Speaker pro tempore announced that Bishop (GA) Butterfield Crenshaw Baldwin Clyburn Filner the ayes appeared to have it. Bishop (NY) Buyer Cuellar Becerra Cohen Gonzalez RECORDED VOTE Bishop (UT) Calvert Culberson Braley (IA) Crowley Grijalva Blackburn Camp (MI) Cummings Castor Davis (IL) Gutierrez Mr. CONYERS. Mr. Speaker, I de- Blumenauer Campbell (CA) Davis (AL) Clarke Doggett Hall (NY) mand a recorded vote.

VerDate Aug 31 2005 02:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.029 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11267 A recorded vote was ordered. Napolitano Rush Tauscher The vote was taken by electronic de- Neal (MA) Ryan (OH) Taylor vice, and there were—yeas 224, nays The SPEAKER pro tempore. This Neugebauer Ryan (WI) Terry will be a 5-minute vote. Nunes Salazar Thompson (CA) 194, not voting 14, as follows: The vote was taken by electronic de- Oberstar Sali Thompson (MS) [Roll No. 941] Obey Sa´ nchez, Linda Thornberry vice, and there were—ayes 389, noes 30, Olver T. Tiahrt YEAS—224 not voting 13, as follows: Ortiz Sanchez, Loretta Tiberi Abercrombie Gutierrez Neal (MA) Pallone Sarbanes Tierney Ackerman Hall (NY) Oberstar [Roll No. 940] Pascrell Saxton Towns Allen Hare Obey Pastor Schakowsky AYES—389 Turner Altmire Harman Olver Paul Schiff Udall (CO) Andrews Hastings (FL) Ortiz Abercrombie Davis, Tom Johnson (IL) Payne Schmidt Udall (NM) Arcuri Herseth Sandlin Pallone Ackerman DeFazio Johnson, E. B. Pearce Schwartz Upton Baca Higgins Pascrell Aderholt DeGette Jones (NC) Pence Scott (GA) Van Hollen Baird Hill Pastor Akin DeLauro Jones (OH) Peterson (MN) Scott (VA) Vela´ zquez Baldwin Hinchey Payne Allen Dent Jordan Peterson (PA) Sensenbrenner Walberg Bean Hinojosa Peterson (MN) Altmire Diaz-Balart, L. Kagen Petri Serrano Walden (OR) Becerra Hirono Pomeroy Andrews Diaz-Balart, M. Kanjorski Platts Sestak Walsh (NY) Berkley Hodes Arcuri Dicks Kaptur Poe Shays Price (NC) Baca Doggett Keller Walz (MN) Berman Holden Rahall Pomeroy Shea-Porter Berry Holt Bachmann Donnelly Kennedy Porter Sherman Wamp Rangel Bachus Doyle Kildee Wasserman Bishop (GA) Honda Reyes Price (NC) Shimkus Bishop (NY) Hooley Baird Drake Kilpatrick Putnam Shuler Schultz Richardson Baldwin Dreier Kind Waters Blumenauer Hoyer Rodriguez Radanovich Shuster Boren Inslee Barrow Duncan King (IA) Rahall Simpson Watson Ross Bartlett (MD) Edwards King (NY) Watt Boswell Israel Rothman Ramstad Sires Boucher Jackson (IL) Bean Ehlers Kingston Rangel Skelton Waxman Roybal-Allard Becerra Ellison Kirk Weiner Boyd (FL) Jackson-Lee Ruppersberger Regula Slaughter Boyda (KS) (TX) Berkley Ellsworth Klein (FL) Rehberg Smith (NE) Welch (VT) Rush Berman Emanuel Kline (MN) Weldon (FL) Brady (PA) Jefferson Ryan (OH) Reichert Smith (NJ) Braley (IA) Johnson (GA) Berry Emerson Knollenberg Reyes Smith (TX) Weller Salazar Biggert Engel Kucinich Wexler Brown, Corrine Johnson, E. B. Sa´ nchez, Linda Reynolds Smith (WA) Butterfield Jones (OH) Bilbray English (PA) Kuhl (NY) Whitfield T. Richardson Snyder Capps Kagen Bilirakis Eshoo LaHood Wicker Sanchez, Loretta Rodriguez Solis Capuano Kanjorski Bishop (GA) Etheridge Lampson Wilson (NM) Sarbanes Rogers (KY) Souder Cardoza Kaptur Bishop (NY) Everett Langevin Wilson (OH) Schakowsky Rogers (MI) Space Carnahan Kennedy Bishop (UT) Fallin Lantos Wilson (SC) Schiff Ros-Lehtinen Spratt Carney Kildee Blackburn Farr Larsen (WA) Wolf Schwartz Roskam Stark Castor Kilpatrick Blumenauer Fattah Larson (CT) Woolsey Scott (GA) Ross Stearns Chandler Kind Blunt Feeney Latham Wu Scott (VA) Rothman Stupak Clarke Klein (FL) Boehner Ferguson LaTourette Wynn Serrano Roybal-Allard Sullivan Clay Kucinich Bonner Filner Levin Yarmuth Sestak Royce Sutton Cleaver Lampson Bono Flake Lewis (CA) Shea-Porter Ruppersberger Tanner Young (FL) Clyburn Langevin Boozman Forbes Lewis (GA) Sherman Cohen Lantos Boren Fortenberry Lewis (KY) NOES—30 Shuler Conyers Larsen (WA) Boswell Fossella Lipinski Sires Alexander Franks (AZ) Pitts Cooper Larson (CT) Boucher Foxx LoBiondo Skelton Baker Hastert Price (GA) Costa Levin Boyd (FL) Frank (MA) Loebsack Slaughter Barton (TX) Hoekstra Renzi Costello Lewis (GA) Boyda (KS) Frelinghuysen Lofgren, Zoe Boustany Hunter Rogers (AL) Smith (WA) Brady (PA) Gallegly Lowey Courtney Lipinski Broun (GA) Johnson, Sam Rohrabacher Cramer Loebsack Snyder Brady (TX) Garrett (NJ) Lucas Burgess Lamborn Sessions Solis Braley (IA) Giffords Lungren, Daniel Crowley Lofgren, Zoe Buyer Linder Shadegg Cuellar Lowey Space Brown (SC) Gilchrest E. Cannon McCrery Tancredo Spratt Brown, Corrine Gillibrand Lynch Cummings Lynch Deal (GA) Miller (FL) Westmoreland Davis (AL) Mahoney (FL) Stark Brown-Waite, Gingrey Mack Doolittle Miller, Gary Young (AK) Stupak Ginny Gohmert Mahoney (FL) Davis (CA) Maloney (NY) Davis (IL) Markey Sutton Buchanan Gonzalez Maloney (NY) NOT VOTING—13 Tanner Burton (IN) Goode Manzullo Davis, Lincoln Marshall Barrett (SC) Dingell Pickering Tauscher Butterfield Goodlatte Marchant DeFazio Matheson Carson Gerlach Taylor Calvert Gordon Markey Pryce (OH) DeGette Matsui Cubin Jindal Thompson (CA) Camp (MI) Granger Marshall Visclosky DeLauro McCarthy (NY) Davis, Jo Ann Lee Thompson (MS) Campbell (CA) Graves Matheson Dicks McCollum (MN) Delahunt Perlmutter Tierney Cantor Green, Al Matsui Doggett McDermott Towns Capito Green, Gene McCarthy (CA) Donnelly McGovern ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Udall (CO) Capps Grijalva McCarthy (NY) Doyle McIntyre Udall (NM) Capuano Gutierrez McCaul (TX) The SPEAKER pro tempore (during Edwards McNerney Van Hollen Cardoza Hall (NY) McCollum (MN) the vote). Members are advised there Ellison McNulty Vela´ zquez Carnahan Hall (TX) McCotter Ellsworth Meek (FL) are 2 minutes remaining on this vote. Walz (MN) Carney Hare McDermott Emanuel Meeks (NY) Wasserman Carter Harman McGovern Engel Melancon b 1150 Schultz Castle Hastings (FL) McHenry Eshoo Michaud Castor Hastings (WA) McHugh So the bill was passed. Etheridge Miller (NC) Waters Chabot Hayes McIntyre The result of the vote was announced Farr Miller, George Watson Fattah Mitchell Watt Chandler Heller McKeon as above recorded. Clarke Hensarling McMorris Filner Mollohan Waxman Clay Herger Rodgers A motion to reconsider was laid on Frank (MA) Moore (KS) Weiner Cleaver Herseth Sandlin McNerney the table. Giffords Moore (WI) Welch (VT) Clyburn Higgins McNulty Gillibrand Moran (VA) Wexler Coble Hill Meek (FL) f Gonzalez Murphy (CT) Wilson (OH) Cohen Hinchey Meeks (NY) Gordon Murphy, Patrick Woolsey Cole (OK) Hinojosa Melancon PROVIDING FOR CONSIDERATION Green, Al Murtha Wu Conaway Hirono Mica OF H.R. 3246, REGIONAL ECO- Green, Gene Nadler Wynn Conyers Hobson Michaud NOMIC AND INFRASTRUCTURE Grijalva Napolitano Yarmuth Cooper Hodes Miller (MI) DEVELOPMENT ACT OF 2007 Costa Holden Miller (NC) NAYS—194 Costello Holt Miller, George The SPEAKER pro tempore. The un- Aderholt Blunt Buyer Courtney Honda Mitchell finished business is the vote on order- Akin Boehner Calvert Cramer Hooley Mollohan Alexander Bonner Camp (MI) Crenshaw Hoyer Moore (KS) ing the previous question on House Bachmann Bono Campbell (CA) Crowley Hulshof Moore (WI) Resolution 704, on which the yeas and Bachus Boozman Cannon Cuellar Inglis (SC) Moran (KS) nays were ordered. Baker Boustany Cantor Culberson Inslee Moran (VA) Barrow Brady (TX) Capito Cummings Israel Murphy (CT) The Clerk read the title of the resolu- Bartlett (MD) Broun (GA) Carter Davis (AL) Issa Murphy, Patrick tion. Barton (TX) Brown (SC) Castle Davis (CA) Jackson (IL) Murphy, Tim The SPEAKER pro tempore. The Biggert Brown-Waite, Chabot Davis (IL) Jackson-Lee Murtha question is on ordering the previous Bilbray Ginny Coble Davis (KY) (TX) Musgrave Bilirakis Buchanan Cole (OK) Davis, David Jefferson Myrick question. Bishop (UT) Burgess Conaway Davis, Lincoln Johnson (GA) Nadler This will be a 5-minute vote. Blackburn Burton (IN) Crenshaw

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.026 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11268 CONGRESSIONAL RECORD — HOUSE October 4, 2007 Culberson Keller Radanovich [Roll No. 942] English (PA) Lamborn Renzi Davis (KY) King (IA) Ramstad Everett Latham Reynolds Davis, David King (NY) Regula YEAS—227 Fallin LaTourette Rogers (AL) Davis, Tom Kingston Rehberg Abercrombie Grijalva Napolitano Feeney Lewis (CA) Rogers (KY) Deal (GA) Kirk Reichert Ackerman Gutierrez Neal (MA) Flake Lewis (KY) Rogers (MI) Dent Kline (MN) Renzi Alexander Hall (NY) Oberstar Forbes Linder Rohrabacher Diaz-Balart, L. Knollenberg Reynolds Allen Hare Obey Fortenberry LoBiondo Ros-Lehtinen Diaz-Balart, M. Kuhl (NY) Rogers (AL) Altmire Harman Olver Fossella Lucas Roskam Doolittle LaHood Rogers (KY) Andrews Hastings (FL) Ortiz Foxx Lungren, Daniel Royce Drake Lamborn Rogers (MI) Arcuri Herseth Sandlin Pallone Frelinghuysen E. Ryan (WI) Dreier Latham Rohrabacher Baca Higgins Pascrell Gallegly Mack Sali Duncan LaTourette Ros-Lehtinen Baird Hill Pastor Garrett (NJ) Manzullo Saxton Ehlers Lewis (CA) Roskam Baker Hinchey Payne Gerlach Marchant Schmidt Emerson Lewis (KY) Gilchrest McCarthy (CA) Royce Baldwin Hinojosa Peterson (MN) Sensenbrenner English (PA) Linder Gingrey McCaul (TX) Ryan (WI) Barrow Hirono Pomeroy Sessions Everett LoBiondo Gohmert McCotter Sali Bean Hodes Price (NC) Shadegg Fallin Lucas Goode McHenry Saxton Becerra Holden Rahall Shays Feeney Lungren, Daniel Goodlatte McHugh Schmidt Berkley Holt Rangel Shimkus Ferguson E. Gordon McKeon Sensenbrenner Berman Honda Reyes Shuster Flake Mack Granger McMorris Sessions Berry Hooley Richardson Simpson Forbes Manzullo Graves Rodgers Shadegg Bishop (GA) Hoyer Rodriguez Fortenberry Marchant Hall (TX) Mica Smith (NE) Bishop (NY) Inslee Ross Fossella McCarthy (CA) Shays Hastert Miller (FL) Smith (NJ) Shimkus Blumenauer Israel Rothman Smith (TX) Foxx McCaul (TX) Boren Jackson (IL) Hastings (WA) Miller (MI) Franks (AZ) McCotter Shuster Roybal-Allard Hayes Miller, Gary Souder Simpson Boswell Jackson-Lee Ruppersberger Stearns Frelinghuysen McCrery Boucher (TX) Heller Moran (KS) Smith (NE) Rush Tancredo Gallegly McHenry Boustany Jefferson Hensarling Murphy, Tim Smith (NJ) Ryan (OH) Terry Garrett (NJ) McHugh Boyd (FL) Johnson (GA) Herger Musgrave Smith (TX) Salazar Thornberry Gilchrest McKeon Boyda (KS) Johnson, E. B. Hobson Myrick Souder Sa´ nchez, Linda Tiahrt Gingrey McMorris Brady (PA) Jones (OH) Hoekstra Neugebauer Stearns T. Tiberi Gohmert Rodgers Braley (IA) Kagen Hulshof Nunes Tancredo Sanchez, Loretta Turner Goode Mica Brown, Corrine Kanjorski Hunter Paul Terry Sarbanes Upton Goodlatte Miller (FL) Butterfield Kaptur Inglis (SC) Pearce Thornberry Schakowsky Walberg Granger Miller (MI) Capps Kennedy Issa Pence Tiahrt Schiff Walden (OR) Graves Miller, Gary Capuano Kildee Johnson (IL) Peterson (PA) Tiberi Schwartz Walsh (NY) Hall (TX) Moran (KS) Cardoza Kilpatrick Johnson, Sam Petri Turner Scott (GA) Hastert Murphy, Tim Carnahan Kind Jones (NC) Pitts Wamp Upton Scott (VA) Hastings (WA) Musgrave Carney Klein (FL) Jordan Platts Weldon (FL) Walberg Serrano Hayes Myrick Castor Kucinich Keller Poe Weller Walden (OR) Sestak Heller Neugebauer Chandler Lampson King (IA) Porter Westmoreland Walsh (NY) Shea-Porter Hensarling Nunes Clarke Langevin King (NY) Price (GA) Whitfield Wamp Sherman Herger Paul Clay Lantos Kingston Putnam Wicker Shuler Hobson Pearce Weldon (FL) Cleaver Larsen (WA) Kirk Radanovich Wilson (NM) Sires Hoekstra Pence Weller Clyburn Larson (CT) Kline (MN) Ramstad Wilson (SC) Skelton Hulshof Peterson (PA) Westmoreland Cohen Levin Knollenberg Regula Wolf Slaughter Hunter Petri Whitfield Conyers Lewis (GA) Kuhl (NY) Rehberg Young (AK) Inglis (SC) Pitts Wicker Cooper Lipinski Smith (WA) LaHood Reichert Young (FL) Issa Platts Wilson (NM) Snyder Costa Loebsack NOT VOTING—17 Johnson (IL) Poe Wilson (SC) Costello Lofgren, Zoe Solis Johnson, Sam Porter Wolf Courtney Lowey Space Barrett (SC) Delahunt Perlmutter Jones (NC) Price (GA) Young (AK) Cramer Lynch Spratt Broun (GA) Dingell Pickering Jordan Putnam Young (FL) Crowley Mahoney (FL) Stark Carson Ferguson Pryce (OH) Cummings Maloney (NY) Stupak Cubin Franks (AZ) Sullivan NOT VOTING—14 Davis (AL) Markey Sutton Cuellar Jindal Visclosky Barrett (SC) Dingell Pickering Davis (CA) Marshall Tanner Davis, Jo Ann Lee Carson Gerlach Pryce (OH) Davis (IL) Matheson Tauscher Taylor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cubin Jindal Sullivan Davis, Lincoln Matsui Thompson (CA) Davis, Jo Ann Lee Visclosky DeFazio McCarthy (NY) The SPEAKER pro tempore (during Delahunt Perlmutter DeGette McCollum (MN) Thompson (MS) the vote). Members are advised there Tierney DeLauro McCrery are 2 minutes remaining in this vote. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dicks McDermott Towns Doggett McGovern Udall (CO) The SPEAKER pro tempore (during Donnelly McIntyre Udall (NM) b 1204 the vote). Members are advised there Doyle McNerney Van Hollen So the resolution was agreed to. are 2 minutes remaining on this vote. Edwards McNulty Vela´ zquez Ellison Meek (FL) Walz (MN) The result of the vote was announced Ellsworth Meeks (NY) Wasserman as above recorded. b 1157 Emanuel Melancon Schultz A motion to reconsider was laid on Engel Michaud Waters the table. So the previous question was ordered. Eshoo Miller (NC) Watson Etheridge Miller, George Watt f The result of the vote was announced Farr Mitchell Waxman as above recorded. Fattah Mollohan Weiner PERSONAL EXPLANATION Filner Moore (KS) Welch (VT) PERSONAL EXPLANATION Frank (MA) Moore (WI) Wexler Mr. FRANKS of Arizona. Mr. Speaker, on Mr. GERLACH. Mr. Speaker, on rollcall Nos. Giffords Moran (VA) Wilson (OH) rollcall No. 942 I was unavoidably detained. Gillibrand Murphy (CT) Woolsey Had I been present, I would have voted ‘‘nay.’’ 941, 940 and 939, had I been present, I would Gonzalez Murphy, Patrick Wu have voted on rollcall 939, ‘‘yea,’’ rollcall 940, Green, Al Murtha Wynn f ‘‘yea,’’ and rollcall 941, ‘‘nay.’’ Green, Gene Nadler Yarmuth PROVIDING FOR CONSIDERATION The SPEAKER pro tempore. The NAYS—188 OF H.R. 3648, MORTGAGE FOR- question is on the resolution. Aderholt Brown (SC) Cole (OK) GIVENESS DEBT RELIEF ACT OF The question was taken; and the Akin Brown-Waite, Conaway 2007 Speaker pro tempore announced that Bachmann Ginny Crenshaw the ayes appeared to have it. Bachus Buchanan Culberson The SPEAKER pro tempore. The un- Bartlett (MD) Burgess Davis (KY) finished business is the vote on order- Mr. HASTINGS of Washington. Mr. Barton (TX) Burton (IN) Davis, David ing the previous question on House Speaker, on that I demand the yeas Biggert Buyer Davis, Tom Bilbray Calvert Deal (GA) Resolution 703, on which the yeas and and nays. Bilirakis Camp (MI) Dent nays were ordered. The yeas and nays were ordered. Bishop (UT) Campbell (CA) Diaz-Balart, L. Blackburn Cannon Diaz-Balart, M. The Clerk read the title of the resolu- The SPEAKER pro tempore. This Blunt Cantor Doolittle tion. will be a 5-minute vote. Boehner Capito Drake The SPEAKER pro tempore. The The vote was taken by electronic de- Bonner Carter Dreier question is on ordering the previous Bono Castle Duncan vice, and there were—yeas 227, nays Boozman Chabot Ehlers question. 188, not voting 17, as follows: Brady (TX) Coble Emerson This will be a 5-minute vote.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.021 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11269 The vote was taken by electronic de- Culberson Jordan Radanovich Boyd (FL) Holt Pastor vice, and there were—yeas 223, nays Davis (KY) Keller Ramstad Boyda (KS) Honda Payne Davis, David King (IA) Regula Brady (PA) Hooley Peterson (MN) 194, not voting 15, as follows: Davis, Tom King (NY) Rehberg Braley (IA) Hoyer Pomeroy [Roll No. 943] Deal (GA) Kingston Reichert Brown, Corrine Inslee Price (NC) Dent Kirk Renzi Butterfield Israel Rahall YEAS—223 Diaz-Balart, L. Kline (MN) Reynolds Capps Jackson (IL) Rangel Diaz-Balart, M. Knollenberg Ackerman Hall (NY) Oberstar Rogers (AL) Capuano Jackson-Lee Reyes Doolittle Kuhl (NY) Allen Hare Obey Rogers (KY) Cardoza (TX) Richardson Drake LaHood Carnahan Jefferson Rodriguez Altmire Harman Olver Rogers (MI) Dreier Lamborn Carney Johnson (GA) Ross Andrews Hastings (FL) Ortiz Rohrabacher Duncan Latham Castor Johnson, E. B. Rothman Arcuri Herseth Sandlin Pallone Ros-Lehtinen Ehlers Baca Higgins LaTourette Roskam Chandler Jones (OH) Roybal-Allard Pascrell Emerson Baird Hill Lewis (CA) Royce Clarke Kagen Ruppersberger Pastor English (PA) Baldwin Hinchey Lewis (KY) Ryan (WI) Clay Kanjorski Rush Payne Everett Linder Bean Hinojosa Sali Clyburn Kaptur Ryan (OH) Peterson (MN) Fallin LoBiondo Becerra Hirono Saxton Cohen Kennedy Salazar Pomeroy Feeney Lucas Conyers Kildee ´ Berkley Hodes Schmidt Sanchez, Linda Price (NC) Ferguson Lungren, Daniel Cooper Kilpatrick T. Berman Holden Sensenbrenner Rahall Flake E. Costa Kind Sanchez, Loretta Berry Holt Sessions Rangel Forbes Bishop (GA) Honda Mack Costello Klein (FL) Sarbanes Reyes Fortenberry Shadegg Bishop (NY) Hooley Manzullo Courtney Kucinich Schakowsky Richardson Fossella Shays Blumenauer Hoyer Marchant Cramer Lampson Schiff Rodriguez Foxx Shimkus Boren Inslee McCarthy (CA) Crowley Langevin Schwartz Ross Franks (AZ) Shuster Boswell Israel McCaul (TX) Cuellar Lantos Scott (GA) Rothman Frelinghuysen Simpson Boucher Jackson (IL) McCotter Cummings Larsen (WA) Scott (VA) Roybal-Allard Gallegly Smith (NE) Boyd (FL) Jackson-Lee McCrery Davis (AL) Levin Serrano Ruppersberger Garrett (NJ) Smith (NJ) Boyda (KS) (TX) McHenry Davis (CA) Lewis (GA) Sestak Gerlach Smith (TX) Brady (PA) Jefferson Rush McHugh Davis (IL) Lipinski Shea-Porter Gilchrest Souder Braley (IA) Johnson (GA) Ryan (OH) McKeon Davis, Lincoln Loebsack Sherman Gingrey Stearns Brown, Corrine Johnson, E. B. Salazar McMorris DeFazio Lofgren, Zoe Shuler ´ Gohmert Tancredo Butterfield Jones (OH) Sanchez, Linda Rodgers DeGette Lowey Sires Goode Terry Capps Kagen T. Mica DeLauro Lynch Skelton Goodlatte Thornberry Capuano Kanjorski Sanchez, Loretta Miller (FL) Dicks Mahoney (FL) Slaughter Granger Tiahrt Cardoza Kaptur Sarbanes Miller (MI) Doggett Maloney (NY) Smith (WA) Graves Tiberi Carnahan Kennedy Schakowsky Miller, Gary Donnelly Markey Snyder Hall (TX) Turner Carney Kildee Schiff Moran (KS) Doyle Marshall Solis Hastert Upton Castor Kilpatrick Schwartz Musgrave Edwards Matheson Space Hastings (WA) Walberg Chandler Kind Scott (GA) Myrick Ellison Matsui Spratt Hayes Walden (OR) Clarke Klein (FL) Scott (VA) Neugebauer Ellsworth McCarthy (NY) Stark Heller Walsh (NY) Clay Kucinich Serrano Nunes Emanuel McCollum (MN) Stupak Hensarling Wamp Cleaver Lampson Sestak Paul Engel McDermott Sutton Herger Weldon (FL) Clyburn Langevin Shea-Porter Pearce Eshoo McGovern Tanner Hobson Weller Cohen Lantos Sherman Pence Etheridge McIntyre Tauscher Hoekstra Peterson (PA) Westmoreland Conyers Larsen (WA) Shuler Farr McNerney Taylor Hulshof Petri Whitfield Cooper Larson (CT) Sires Fattah McNulty Thompson (CA) Hunter Pitts Wicker Filner Meek (FL) Costa Levin Skelton Thompson (MS) Inglis (SC) Platts Wilson (NM) Frank (MA) Meeks (NY) Tierney Costello Lewis (GA) Slaughter Issa Poe Wilson (SC) Giffords Michaud Towns Courtney Lipinski Smith (WA) Johnson (IL) Wolf Cramer Loebsack Porter Gillibrand Miller (NC) Udall (CO) Snyder Johnson, Sam Young (AK) Crowley Lofgren, Zoe Price (GA) Gonzalez Miller, George Udall (NM) Solis Jones (NC) Young (FL) Cuellar Lowey Putnam Gordon Mitchell Van Hollen Space ´ Cummings Lynch Green, Al Mollohan Velazquez Spratt NOT VOTING—15 Green, Gene Moore (KS) Walz (MN) Davis (AL) Mahoney (FL) Stark Abercrombie Delahunt Perlmutter Grijalva Moore (WI) Wasserman Davis (CA) Maloney (NY) Stupak Davis (IL) Markey Barrett (SC) Dingell Pickering Gutierrez Moran (VA) Schultz Sutton Carson Jindal Pryce (OH) Hall (NY) Murphy (CT) Waters Davis, Lincoln Marshall Tanner DeFazio Matheson Cubin Lee Sullivan Hare Murphy, Patrick Watson Tauscher Davis, Jo Ann Murphy, Tim Visclosky Harman Murtha Watt DeGette Matsui Taylor DeLauro McCarthy (NY) Hastings (FL) Nadler Waxman Thompson (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dicks McCollum (MN) Herseth Sandlin Napolitano Weiner Thompson (MS) Doggett McDermott The SPEAKER pro tempore (during Higgins Neal (MA) Welch (VT) Tierney Donnelly McGovern Hill Oberstar Wexler Towns the vote). Members are advised there Doyle McIntyre Hinchey Obey Wilson (OH) Udall (CO) are 2 minutes remaining on this vote. Edwards McNerney Hinojosa Olver Woolsey Ellison McNulty Udall (NM) Hirono Ortiz Wu Ellsworth Meek (FL) Van Hollen b 1211 Hodes Pallone Wynn Vela´ zquez Holden Pascrell Yarmuth Emanuel Meeks (NY) So the previous question was ordered. Engel Melancon Walz (MN) Eshoo Michaud Wasserman The result of the vote was announced NAYS—193 Schultz Etheridge Miller (NC) as above recorded. Aderholt Campbell (CA) Ferguson Waters Farr Miller, George Akin Cannon Flake Watson The SPEAKER pro tempore. The Fattah Mitchell Alexander Cantor Forbes Watt question is on the resolution. Filner Mollohan Bachmann Capito Fortenberry Waxman Frank (MA) Moore (KS) The question was taken; and the Bachus Carter Fossella Weiner Giffords Moore (WI) Speaker pro tempore announced that Baker Castle Foxx Gillibrand Moran (VA) Welch (VT) the ayes appeared to have it. Bartlett (MD) Chabot Franks (AZ) Gonzalez Murphy (CT) Wexler Mr. HASTINGS of Washington. Mr. Barton (TX) Coble Frelinghuysen Gordon Murphy, Patrick Wilson (OH) Biggert Cole (OK) Gallegly Green, Al Murtha Woolsey Speaker, on that I demand the yeas Bilirakis Conaway Garrett (NJ) Green, Gene Nadler Wu and nays. Bishop (UT) Crenshaw Gerlach Grijalva Napolitano Wynn The yeas and nays were ordered. Blackburn Culberson Gilchrest Gutierrez Neal (MA) Yarmuth Blunt Davis (KY) Gingrey The SPEAKER pro tempore. This Boehner Davis, David Gohmert NAYS—194 will be a 5-minute vote. Bonner Davis, Tom Goode Aderholt Blunt Buyer The vote was taken by electronic de- Bono Deal (GA) Goodlatte Akin Boehner Calvert vice, and there were—yeas 222, nays Boozman Dent Granger Alexander Bonner Camp (MI) Boustany Diaz-Balart, L. Graves Bachmann Bono Campbell (CA) 193, not voting 17, as follows: Brady (TX) Diaz-Balart, M. Hall (TX) Bachus Boozman Cannon [Roll No. 944] Broun (GA) Doolittle Hastert Baker Boustany Cantor Brown (SC) Drake Hastings (WA) Barrow Brady (TX) Capito YEAS—222 Brown-Waite, Dreier Hayes Bartlett (MD) Broun (GA) Carter Abercrombie Baird Berry Ginny Duncan Heller Barton (TX) Brown (SC) Castle Ackerman Baldwin Bilbray Buchanan Ehlers Hensarling Biggert Brown-Waite, Chabot Allen Barrow Bishop (GA) Burgess Emerson Herger Bilbray Ginny Coble Altmire Bean Bishop (NY) Burton (IN) English (PA) Hobson Bilirakis Buchanan Cole (OK) Andrews Becerra Blumenauer Buyer Everett Hoekstra Bishop (UT) Burgess Conaway Arcuri Berkley Boren Calvert Fallin Hulshof Blackburn Burton (IN) Crenshaw Baca Berman Boucher Camp (MI) Feeney Hunter

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.032 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11270 CONGRESSIONAL RECORD — HOUSE October 4, 2007 Inglis (SC) Mica Saxton H.R. 3246 been appointed to represent the unit of local Issa Miller (FL) Schmidt Be it enacted by the Senate and House of Rep- government; and Johnson (IL) Miller (MI) Sensenbrenner resentatives of the United States of America in ‘‘(III) is certified by the Governor or appro- Johnson, Sam Miller, Gary Sessions Jones (NC) Moran (KS) Congress assembled, priate State officer as having a charter or Shadegg authority that includes the economic devel- Jordan Murphy, Tim Shays SECTION 1. SHORT TITLE. opment of counties, portions of counties, or Keller Musgrave Shimkus This Act may be cited as the ‘‘Regional King (IA) Myrick other political subdivisions within the re- Shuster Economic and Infrastructure Development King (NY) Neugebauer Simpson gion; and Kingston Nunes Act of 2007’’. Smith (NE) ‘‘(B) has not, as certified by the Federal Kirk Paul SEC. 2. FINDINGS AND PURPOSES. Smith (NJ) Cochairperson— Kline (MN) Pearce (a) FINDINGS.—Congress finds that— Knollenberg Pence Smith (TX) ‘‘(i) inappropriately used Federal grant Souder (1) certain regions of the Nation, including funds from any Federal source; or Kuhl (NY) Peterson (PA) Appalachia, the Mississippi Delta Region, LaHood Petri Stearns ‘‘(ii) appointed an officer who, during the Lamborn Pitts Tancredo the Northern Great Plains Region, the period in which another entity inappropri- Latham Platts Terry Southeast Crescent Region, the Southwest ately used Federal grant funds from any Fed- LaTourette Poe Thornberry Border Region, the Northern Border Region, eral source, was an officer of the other enti- Lewis (CA) Porter Tiahrt and rural Alaska, have suffered from chronic ty. Lewis (KY) Price (GA) Tiberi distress far above the national average; ‘‘(3) FEDERAL GRANT PROGRAM.—The term Linder Putnam Turner (2) an economically distressed region can ‘Federal grant program’ means a Federal LoBiondo Radanovich Upton suffer unemployment and poverty at a rate Lucas Ramstad Walberg grant program to provide assistance in car- Lungren, Daniel Regula that is 150 percent of the national average; rying out economic and community develop- Walden (OR) and E. Rehberg Walsh (NY) ment activities. Mack Reichert Wamp (3) regional commissions are unique Fed- ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ Manzullo Renzi Weldon (FL) eral-State partnerships that can provide tar- has the meaning given the term in section 4 Marchant Reynolds Weller geted resources to alleviate pervasive eco- McCarthy (CA) Rogers (AL) of the Indian Self-Determination and Edu- Westmoreland nomic distress. McCaul (TX) Rogers (KY) cation Assistance Act (25 U.S.C. 450b). (b) PURPOSES.—The purposes of this Act McCotter Rogers (MI) Whitfield ‘‘(5) NONPROFIT ENTITY.—The term ‘non- McCrery Rohrabacher Wicker are— profit entity’ means any entity with tax-ex- McHenry Ros-Lehtinen Wilson (NM) (1) to provide a comprehensive regional ap- empt or nonprofit status, as defined by the McHugh Roskam Wilson (SC) proach to economic and infrastructure devel- Internal Revenue Service, that has been Wolf McKeon Royce opment in the most severely economically formed for the purpose of economic develop- McMorris Ryan (WI) Young (AK) distressed regions in the Nation; and Rodgers Sali Young (FL) ment. (2) to ensure that the most severely eco- ‘‘(6) REGION.—The term ‘region’ means the NOT VOTING—17 nomically distressed regions in the Nation area covered by a Commission as described have the necessary tools to develop the basic Barrett (SC) Delahunt Perlmutter in subchapter II of chapter 157. building blocks for economic development, Boswell Dingell Pickering ‘‘CHAPTER 153—REGIONAL COMMISSIONS Carson Jindal Pryce (OH) such as transportation and basic public in- Cleaver Larson (CT) Sullivan frastructure, job skills training, and business ‘‘Sec. Cubin Lee Visclosky development. ‘‘15301. Establishment, membership, and em- Davis, Jo Ann Melancon SEC. 3. REGIONAL ECONOMIC AND INFRASTRUC- ployees. ‘‘15302. Decisions. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE TURE DEVELOPMENT. ‘‘15303. Functions. The SPEAKER pro tempore (during (a) IN GENERAL.—Title 40, United States Code, is amended— ‘‘15304. Administrative powers and expenses. the vote). Two minutes remain in this (1) by redesignating subtitle V as subtitle ‘‘15305. Meetings. vote. VI; and ‘‘15306. Personal financial interests. (2) by inserting after subtitle IV the fol- ‘‘15307. Tribal representation on Northern b 1218 lowing: Great Plains Regional Commis- So the resolution was agreed to. ‘‘Subtitle V—Regional Economic and sion. The result of the vote was announced Infrastructure Development ‘‘15308. Tribal participation. ‘‘15309. Annual report. as above recorded. ‘‘Chapter Sec. A motion to reconsider was laid on ‘‘151. GENERAL PROVISIONS ...... 15101 ‘‘§ 15301. Establishment, membership, and em- the table. ‘‘153. REGIONAL COMMISSIONS ...... 15301 ployees ‘‘155. FINANCIAL ASSISTANCE ...... 15501 ‘‘(a) ESTABLISHMENT.—There are estab- f ‘‘157. ADMINISTRATIVE PROVI- lished the following regional Commissions: SIONS ...... 15701 ‘‘(1) The Delta Regional Commission. GENERAL LEAVE ‘‘CHAPTER 151—GENERAL PROVISIONS ‘‘(2) The Northern Great Plains Regional Commission. Mr. OBERSTAR. Mr. Speaker, I ask ‘‘Sec. ‘‘(3) The Southeast Crescent Regional Com- unanimous consent that all Members ‘‘15101. Definitions. may have 5 legislative days in which to mission. ‘‘§ 15101. Definitions ‘‘(4) The Southwest Border Regional Com- revise and extend their remarks on ‘‘In this subtitle, the following definitions mission. H.R. 3246. apply: ‘‘(5) The Northern Border Regional Com- The SPEAKER pro tempore (Mr. ‘‘(1) COMMISSION.—The term ‘Commission’ mission. SERRANO). Is there objection to the re- means a Commission established under sec- ‘‘(b) MEMBERSHIP.— quest of the gentleman from Min- tion 15301. ‘‘(1) FEDERAL AND STATE MEMBERS.—Each nesota? ‘‘(2) LOCAL DEVELOPMENT DISTRICT.—The Commission shall be composed of the fol- There was no objection. term ‘local development district’ means an lowing members: entity that— ‘‘(A) A Federal Cochairperson, to be ap- f ‘‘(A)(i) is an economic development district pointed by the President, by and with the ad- that is— vice and consent of the Senate. REGIONAL ECONOMIC AND INFRA- ‘‘(I) in existence on the date of enactment ‘‘(B) The Governor of each participating STRUCTURE DEVELOPMENT ACT of this chapter; and State in the region of the Commission. OF 2007 ‘‘(II) located in the region; or ‘‘(2) ALTERNATE MEMBERS.— ‘‘(ii) if an entity described in clause (i) ‘‘(A) ALTERNATE FEDERAL COCHAIRPERSON.— Mr. OBERSTAR. Mr. Speaker, pursu- does not exist— The President shall appoint an alternate ant to House Resolution 704, I call up ‘‘(I) is organized and operated in a manner Federal Cochairperson for each Commission. the bill (H.R. 3246) to amend title 40, that ensures broad-based community partici- The alternate Federal Cochairperson, when United States Code, to provide a com- pation and an effective opportunity for local not actively serving as an alternate for the prehensive regional approach to eco- officials, community leaders, and the public Federal Cochairperson, shall perform such nomic and infrastructure development to contribute to the development and imple- functions and duties as are delegated by the in the most severely economically dis- mentation of programs in the region; Federal Cochairperson. tressed regions in the Nation, and ask ‘‘(II) is governed by a policy board with at ‘‘(B) STATE ALTERNATES.—The State mem- least a simple majority of members con- ber of a participating State may have a sin- for its immediate consideration in the sisting of— gle alternate, who shall be appointed by the House. ‘‘(aa) elected officials; or Governor of the State from among the mem- The Clerk read the title of the bill. ‘‘(bb) designees or employees of a general bers of the Governor’s cabinet or personal The text of the bill is as follows: purpose unit of local government that have staff.

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‘‘(C) VOTING.—An alternate member shall ‘‘(1) assess the needs and assets of its re- actions as are necessary to carry out Com- vote in the case of the absence, death, dis- gion based on available research, demonstra- mission duties, including any contracts or ability, removal, or resignation of the Fed- tion projects, investigations, assessments, cooperative agreements with a department, eral or State member for which the alternate and evaluations of the region prepared by agency, or instrumentality of the United member is an alternate. Federal, State, and local agencies, univer- States, a State (including a political subdivi- ‘‘(3) COCHAIRPERSONS.—A Commission shall sities, local development districts, and other sion, agency, or instrumentality of the be headed by— nonprofit groups; State), or a person, firm, association, or cor- ‘‘(A) the Federal Cochairperson, who shall ‘‘(2) develop, on a continuing basis, com- poration; and serve as a liaison between the Federal Gov- prehensive and coordinated economic and in- ‘‘(9) maintain a government relations of- ernment and the Commission; and frastructure development strategies to es- fice in the District of Columbia and establish ‘‘(B) a State Cochairperson, who shall be a tablish priorities and approve grants for the and maintain a central office at such loca- Governor of a participating State in the re- economic development of its region, giving tion in its region as the Commission may se- gion and shall be elected by the State mem- due consideration to other Federal, State, lect. bers for a term of not less than 1 year. and local planning and development activi- ‘‘(b) FEDERAL AGENCY COOPERATION.—A ‘‘(4) CONSECUTIVE TERMS.—A State member ties in the region; Federal agency shall— may not be elected to serve as State Cochair- ‘‘(3) not later than one year after the date ‘‘(1) cooperate with a Commission; and person for more than 2 consecutive terms. of enactment of this section, and after tak- ‘‘(2) provide, to the extent practicable, on ‘‘(c) COMPENSATION.— ing into account State plans developed under request of the Federal Cochairperson, appro- ‘‘(1) FEDERAL COCHAIRPERSONS.—Each Fed- section 15502, establish priorities in an eco- priate assistance in carrying out this sub- eral Cochairperson shall be compensated by nomic and infrastructure development plan title, in accordance with applicable Federal the Federal Government at level III of the for its region, including 5-year regional out- laws (including regulations). Executive Schedule as set out in section 5314 come targets; ‘‘(c) ADMINISTRATIVE EXPENSES.— of title 5. ‘‘(4)(A) enhance the capacity of, and pro- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(2) ALTERNATE FEDERAL COCHAIR- vide support for, local development districts the administrative expenses of a Commission PERSONS.—Each Federal Cochairperson’s al- in its region; or shall be paid— ternate shall be compensated by the Federal ‘‘(B) if no local development district exists ‘‘(A) by the Federal Government, in an Government at level V of the Executive in an area in a participating State in the re- amount equal to 50 percent of the adminis- Schedule as set out in section 5316 of title 5. gion, foster the creation of a local develop- trative expenses of the Commission; and ‘‘(3) STATE MEMBERS AND ALTERNATES.— ment district; ‘‘(B) by the States participating in the Each State member and alternate shall be ‘‘(5) encourage private investment in in- Commission, in an amount equal to 50 per- compensated by the State that they rep- dustrial, commercial, and other economic cent of the administrative expenses. resent at the rate established by the laws of development projects in its region; ‘‘(2) EXPENSES OF THE FEDERAL COCHAIR- that State. ‘‘(6) cooperate with and assist State gov- PERSON.—All expenses of the Federal Co- ‘‘(d) EXECUTIVE DIRECTOR AND STAFF.— ernments with the preparation of economic chairperson, including expenses of the alter- ‘‘(1) IN GENERAL.—A Commission shall ap- and infrastructure development plans and nate and staff of the Federal Cochairperson, point and fix the compensation of an execu- programs for participating States; shall be paid by the Federal Government. tive director and such other personnel as are ‘‘(7) formulate and recommend to the Gov- ‘‘(3) STATE SHARE.— necessary to enable the Commission to carry ernors and legislatures of States that par- ‘‘(A) IN GENERAL.—Subject to subparagraph out its duties. Compensation under this ticipate in the Commission forms of inter- (B), the share of administrative expenses of a paragraph may not exceed the maximum state cooperation and, where appropriate, Commission to be paid by each State of the rate of basic pay established for the Senior international cooperation; and Commission shall be determined by a unani- Executive Service under section 5382 of title ‘‘(8) work with State and local agencies in mous vote of the State members of the Com- 5, including any applicable locality-based developing appropriate model legislation to mission. comparability payment that may be author- enhance local and regional economic devel- ‘‘(B) NO FEDERAL PARTICIPATION.—The Fed- ized under section 5304(h)(2)(C) of that title. opment. eral Cochairperson shall not participate or ‘‘(2) EXECUTIVE DIRECTOR.—The executive ‘‘§ 15304. Administrative powers and expenses vote in any decision under subparagraph (A). director shall be responsible for carrying out ‘‘(a) POWERS.—In carrying out its duties ‘‘(C) DELINQUENT STATES.—During any pe- the administrative duties of the Commis- under this subtitle, a Commission may— riod in which a State is more than 1 year de- sion, directing the Commission staff, and ‘‘(1) hold such hearings, sit and act at such linquent in payment of the State’s share of such other duties as the Commission may as- times and places, take such testimony, re- administrative expenses of the Commission sign. ceive such evidence, and print or otherwise under this subsection— ‘‘(e) NO FEDERAL EMPLOYEE STATUS.—No reproduce and distribute a description of the ‘‘(i) no assistance under this subtitle shall member, alternate, officer, or employee of a proceedings and reports on actions by the be provided to the State (including assist- Commission (other than the Federal Co- Commission as the Commission considers ap- ance to a political subdivision or a resident chairperson, the alternate Federal Cochair- propriate; of the State) for any project not approved as person, staff of the Federal Cochairperson, ‘‘(2) authorize, through the Federal or of the date of the commencement of the de- and any Federal employee detailed to the State Cochairperson or any other member of linquency; and Commission) shall be considered to be a Fed- the Commission designated by the Commis- ‘‘(ii) no member of the Commission from eral employee for any purpose. sion, the administration of oaths if the Com- the State shall participate or vote in any ac- ‘‘§ 15302. Decisions mission determines that testimony should be tion by the Commission. ‘‘(a) REQUIREMENTS FOR APPROVAL.—Except taken or evidence received under oath; ‘‘(4) EFFECT ON ASSISTANCE.—A State’s as provided in section 15304(c)(3), decisions ‘‘(3) request from any Federal, State, or share of administrative expenses of a Com- by the Commission shall require the affirma- local agency such information as may be mission under this subsection shall not be tive vote of the Federal Cochairperson and a available to or procurable by the agency that taken into consideration when determining majority of the State members (exclusive of may be of use to the Commission in carrying the amount of assistance provided to the members representing States delinquent out the duties of the Commission; State under this subtitle. under section 15304(c)(3)(C)). ‘‘(4) adopt, amend, and repeal bylaws and ‘‘§ 15305. Meetings ‘‘(b) CONSULTATION.—In matters coming be- rules governing the conduct of business and fore the Commission, the Federal Cochair- the performance of duties by the Commis- ‘‘(a) INITIAL MEETING.—Each Commission person shall, to the extent practicable, con- sion; shall hold an initial meeting not later than sult with the Federal departments and agen- ‘‘(5) request the head of any Federal agen- 180 days after the date of enactment of this cies having an interest in the subject matter. cy, State agency, or local government to de- section. ‘‘(c) QUORUMS.—A Commission shall deter- tail to the Commission such personnel as the ‘‘(b) ANNUAL MEETING.—Each Commission mine what constitutes a quorum for Com- Commission requires to carry out its duties, shall conduct at least 1 meeting each year mission meetings; except that— each such detail to be without loss of senior- with the Federal Cochairperson and at least ‘‘(1) any quorum shall include the Federal ity, pay, or other employee status; a majority of the State members present. ‘‘(c) ADDITIONAL MEETINGS.—Each Commis- Cochairperson or the alternate Federal Co- ‘‘(6) provide for coverage of Commission chairperson; and employees in a suitable retirement and em- sion shall conduct additional meetings at ‘‘(2) a State alternate member shall not be ployee benefit system by making arrange- such times as it determines and may conduct counted toward the establishment of a ments or entering into contracts with any such meetings by electronic means. quorum. participating State government or otherwise ‘‘§ 15306. Personal financial interests ‘‘(d) PROJECTS AND GRANT PROPOSALS.—The providing retirement and other employee ‘‘(a) CONFLICTS OF INTEREST.— approval of project and grant proposals shall coverage; ‘‘(1) NO ROLE ALLOWED.—Except as per- be a responsibility of each Commission and ‘‘(7) accept, use, and dispose of gifts or do- mitted by paragraph (2), an individual who is shall be carried out in accordance with sec- nations or services or real, personal, tan- a State member or alternate, or an officer or tion 15503. gible, or intangible property; employee of a Commission, shall not partici- ‘‘§ 15303. Functions ‘‘(8) enter into and perform such contracts, pate personally and substantially as a mem- ‘‘A Commission shall— cooperative agreements, or other trans- ber, alternate, officer, or employee of the

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Commission, through decision, approval, dis- ‘‘(b) ALTERNATE TRIBAL COCHAIRPERSON.— ‘‘(3) to develop the telecommunications in- approval, recommendation, request for a rul- ‘‘(1) APPOINTMENT.—The President shall ap- frastructure of its region; ing, or other determination, contract, claim, point an alternate to the Tribal Cochair- ‘‘(4) to assist its region in obtaining job controversy, or other matter in which, to the person. skills training, skills development and em- individual’s knowledge, any of the following ‘‘(2) DUTIES.—The alternate Tribal Co- ployment-related education, entrepreneur- has a financial interest: chairperson, when not actively serving as an ship, technology, and business development; ‘‘(A) The individual. alternate for the Tribal Cochairperson, shall ‘‘(5) to provide assistance to severely eco- ‘‘(B) The individual’s spouse, minor child, perform such functions and duties as are del- nomically distressed and underdeveloped or partner. egated by the Tribal Cochairperson. areas of its region that lack financial re- ‘‘(C) An organization (except a State or po- ‘‘(3) VOTING.—The alternate Tribal Co- sources for improving basic health care and litical subdivision of a State) in which the chairperson shall vote in the case of the ab- other public services; individual is serving as an officer, director, sence, death, disability, removal, or resigna- ‘‘(6) to promote resource conservation, trustee, partner, or employee. tion of the Tribal Cochairperson. tourism, recreation, and preservation of open ‘‘(D) Any person or organization with ‘‘(c) COMPENSATION.— space in a manner consistent with economic whom the individual is negotiating or has ‘‘(1) TRIBAL COCHAIRPERSON.—The Tribal development goals; any arrangement concerning prospective em- Cochairperson shall be compensated by the ‘‘(7) to promote the development of renew- ployment. Federal Government at level III of the Exec- able and alternative energy sources; and ‘‘(2) EXCEPTION.—Paragraph (1) shall not utive Schedule as set out in section 5314 of ‘‘(8) to otherwise achieve the purposes of apply if the individual, in advance of the pro- title 5. this subtitle. ceeding, application, request for a ruling or ‘‘(2) ALTERNATE TRIBAL COCHAIRPERSON.— ‘‘(b) ALLOCATION OF FUNDS.—A Commission other determination, contract, claim con- The Tribal Cochairperson’s alternate shall be shall allocate at least 40 percent of any grant troversy, or other particular matter pre- compensated by the Federal Government at amounts provided by the Commission in a senting a potential conflict of interest— level V of the Executive Schedule as set out fiscal year for projects described in para- ‘‘(A) advises the Commission of the nature in section 5316 of title 5. graphs (1) through (3) of subsection (a). and circumstances of the matter presenting ‘‘(d) EXPENSES OF TRIBAL COCHAIRPERSON.— ‘‘(c) SOURCES OF GRANTS.—Grant amounts the conflict of interest; All expenses of the Tribal Cochairperson, in- may be provided entirely from appropria- ‘‘(B) makes full disclosure of the financial cluding expenses of the alternate and staff of tions to carry out this subtitle, in combina- interest; and the Tribal Cochairperson, shall be paid by tion with amounts available under other ‘‘(C) receives a written decision of the the Federal Government. Federal grant programs, or from any other Commission that the interest is not so sub- ‘‘(e) DUTIES AND PRIVILEGES.—Except as source. stantial as to be considered likely to affect provided in subsections (c) and (d), the Tribal ‘‘(d) MAXIMUM COMMISSION CONTRIBU- the integrity of the services that the Com- Cochairperson shall have the same duties TIONS.— mission may expect from the individual. and privileges as the State Cochairperson. ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(3) VIOLATION.—An individual violating ‘‘§ 15308. Tribal participation and (3), the Commission may contribute not this subsection shall be fined under title 18, ‘‘Governments of Indian tribes in the re- more than 50 percent of a project or activity imprisoned for not more than 1 year, or both. gion of the Northern Great Plains Regional cost eligible for financial assistance under ‘‘(b) STATE MEMBER OR ALTERNATE.—A Commission or the Southwest Border Re- this section from amounts appropriated to State member or alternate member may not gional Commission shall be allowed to par- carry out this subtitle. receive any salary, or any contribution to, or ticipate in matters before that Commission ‘‘(2) DISTRESSED COUNTIES.—The maximum supplementation of, salary, for services on a in the same manner and to the same extent Commission contribution for a project or ac- Commission from a source other than the as State agencies and instrumentalities in tivity to be carried out in a county for which State of the member or alternate. the region. a distressed county designation is in effect ‘‘(c) DETAILED EMPLOYEES.— under section 15702 may be increased to 80 ‘‘§ 15309. Annual report ‘‘(1) IN GENERAL.—No person detailed to percent. serve a Commission shall receive any salary, ‘‘(a) IN GENERAL.—Not later than 90 days ‘‘(3) SPECIAL RULE FOR REGIONAL or any contribution to, or supplementation after the last day of each fiscal year, each PROJECTS.—A Commission may increase to 60 of, salary, for services provided to the Com- Commission shall submit to the President percent under paragraph (1) and 90 percent mission from any source other than the and Congress a report on the activities car- under paragraph (2) the maximum Commis- State, local, or intergovernmental depart- ried out by the Commission under this sub- sion contribution for a project or activity ment or agency from which the person was title in the fiscal year. if— detailed to the Commission. ‘‘(b) CONTENTS.—The report shall include— ‘‘(A) the project or activity involves 3 or ‘‘(2) VIOLATION.—Any person that violates ‘‘(1) a description of the criteria used by more counties or more than one State; and this subsection shall be fined under title 18, the Commission to designate counties under ‘‘(B) the Commission determines in accord- imprisoned not more than 1 year, or both. section 15702 and a list of the counties des- ance with section 15302(a) that the project or ‘‘(d) FEDERAL COCHAIRMAN, ALTERNATE TO ignated in each category; activity will bring significant interstate or FEDERAL COCHAIRMAN, AND FEDERAL OFFI- ‘‘(2) an evaluation of the progress of the multicounty benefits to a region. CERS AND EMPLOYEES.—The Federal Cochair- Commission in meeting the goals identified ‘‘(e) MAINTENANCE OF EFFORT.—Funds may man, the alternate to the Federal Cochair- in the Commission’s economic and infra- be provided by a Commission for a program man, and any Federal officer or employee de- structure development plan under section or project in a State under this section only tailed to duty with the Commission are not 15303 and State economic and infrastructure if the Commission determines that the level subject to this section but remain subject to development plans under section 15502; of Federal or State financial assistance pro- sections 202 through 209 of title 18. ‘‘(3) any policy recommendations approved vided under a law other than this subtitle, ‘‘(e) RESCISSION.—A Commission may de- by the Commission. for the same type of program or project in clare void any contract, loan, or grant of or ‘‘CHAPTER 155—FINANCIAL ASSISTANCE the same area of the State within region, by the Commission in relation to which the ‘‘Sec. will not be reduced as a result of funds made Commission determines that there has been ‘‘15501. Economic and infrastructure develop- available by this subtitle. a violation of any provision under subsection ment grants. ‘‘(f) NO RELOCATION ASSISTANCE.—Finan- (a)(1), (b), or (c), or any of the provisions of ‘‘15502. Comprehensive economic and infra- cial assistance authorized by this section sections 202 through 209 of title 18. structure development plans. may not be used to assist a person or entity ‘‘§ 15307. Tribal representation on Northern ‘‘15503. Approval of applications for assist- in relocating from one area to another. Great Plains Regional Commission ance. ‘‘§ 15502. Comprehensive economic and infra- ‘‘(a) TRIBAL COCHAIRPERSON.— ‘‘15504. Program development criteria. structure development plans ‘‘15505. Local development districts and orga- ‘‘(1) APPOINTMENT.—In addition to the ‘‘(a) STATE PLANS.—In accordance with members specified in section 15301(b)(1), the nizations. policies established by a Commission, each ‘‘15506. Supplements to Federal grant pro- membership of the Northern Great Plains State member of the Commission shall sub- grams. Regional Commission shall include a Tribal mit a comprehensive economic and infra- Cochairperson, to be appointed by the Presi- ‘‘§ 15501. Economic and infrastructure devel- structure development plan for the area of dent, by and with the advice and consent of opment grants the region represented by the State member. the Senate. The Tribal Cochairperson shall ‘‘(a) IN GENERAL.—A Commission may ‘‘(b) CONTENT OF PLAN.—A State economic be a member of an Indian tribe in the Com- make grants to States and local govern- and infrastructure development plan shall mission’s region. ments, Indian tribes, and public and non- reflect the goals, objectives, and priorities ‘‘(2) DUTIES.—In addition to the Federal profit organizations for projects, approved in identified in any applicable economic and in- Cochairperson and State Cochairperson, the accordance with section 15503— frastructure development plan developed by Commission shall be headed by the Tribal ‘‘(1) to develop the transportation infra- a Commission under section 15303. Cochairperson, who shall serve as a liaison structure of its region; ‘‘(c) CONSULTATION WITH INTERESTED LOCAL between the governments of Indian tribes in ‘‘(2) to develop the basic public infrastruc- PARTIES.—In carrying out the development the region and the Commission. ture of its region; planning process (including the selection of

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Local development districts and or- subtitle are available without regard to any State shall— ganizations limitations on areas eligible for assistance ‘‘(1) consult with local development dis- ‘‘(a) GRANTS TO LOCAL DEVELOPMENT DIS- or authorizations for appropriation in any tricts, local units of government, and local TRICTS.—Subject to the requirements of this other law. colleges and universities; and section, a Commission may make grants to a ‘‘(e) FEDERAL SHARE.—The Federal share of ‘‘(2) take into consideration the goals, ob- local development district to assist in the the cost of a project or activity receiving as- jectives, priorities, and recommendations of payment of development planning and ad- sistance under this section shall not exceed the entities described in paragraph (1). ministrative expenses. 80 percent. ‘‘(d) PUBLIC PARTICIPATION.— ‘‘(b) CONDITIONS FOR GRANTS.— ‘‘(f) MAXIMUM COMMISSION CONTRIBUTION.— ‘‘(1) IN GENERAL.—A Commission and appli- ‘‘(1) MAXIMUM AMOUNT.—The amount of a Section 15501(d), relating to limitations on cable State and local development districts grant awarded under this section may not Commission contributions, shall apply to a shall encourage and assist, to the maximum exceed 80 percent of the administrative and program, project, or activity receiving as- extent practicable, public participation in planning expenses of the local development sistance under this section. the development, revision, and implementa- district receiving the grant. ‘‘CHAPTER 156—ADMINISTRATIVE tion of all plans and programs under this ‘‘(2) MAXIMUM PERIOD FOR STATE AGEN- PROVISIONS subtitle. CIES.—In the case of a State agency certified ‘‘SUBCHAPTER I—GENERAL PROVISIONS ‘‘(2) GUIDELINES.—A Commission shall de- as a local development district, a grant may ‘‘Sec. velop guidelines for providing public partici- not be awarded to the agency under this sec- ‘‘15701. Consent of States. pation, including public hearings. tion for more than 3 fiscal years. ‘‘15702. Distressed counties and areas. ‘‘§ 15503. Approval of applications for assist- ‘‘(3) LOCAL SHARE.—The contributions of a ‘‘15703. Counties eligible for assistance in ance local development district for administrative more than one region. expenses may be in cash or in kind, fairly ‘‘(a) EVALUATION BY STATE MEMBER.—An ‘‘15704. Inspector General; Records. evaluated, including space, equipment, and application to a Commission for a grant or ‘‘15705. Biannual meetings of representatives services. any other assistance for a project under this of all commissions. ‘‘(c) DUTIES OF LOCAL DEVELOPMENT DIS- subtitle shall be made through, and evalu- ‘‘15706. Relationship to other laws. TRICTS.—A local development district shall— ated for approval by, the State member of ‘‘SUBCHAPTER II—DESIGNATION OF REGIONS ‘‘(1) operate as a lead organization serving the Commission representing the applicant. multicounty areas in the region at the local ‘‘15731. Delta Regional Commission. ‘‘(b) CERTIFICATION.—An application to a level; ‘‘15732. Northern Great Plains Regional Com- Commission for a grant or other assistance ‘‘(2) assist the Commission in carrying out mission. for a project under this subtitle shall be eli- outreach activities for local governments, ‘‘15733. Southeast Crescent Regional Com- gible for assistance only on certification by community development groups, the busi- mission. the State member of the Commission rep- ness community, and the public; ‘‘15734. Southwest Border Regional Commis- resenting the applicant that the application ‘‘(3) serve as a liaison between State and sion. for the project— local governments, nonprofit organizations ‘‘15735. Northern Border Regional Commis- ‘‘(1) describes ways in which the project (including community-based groups and edu- sion. complies with any applicable State economic cational institutions), the business commu- ‘‘SUBCHAPTER III—AUTHORIZATION OF and infrastructure development plan; nity, and citizens; and APPROPRIATIONS ‘‘(2) meets applicable criteria under section ‘‘(4) assist the individuals and entities de- ‘‘15751. Authorization of appropriations. 15504; scribed in paragraph (3) in identifying, as- ‘‘SUBCHAPTER I—GENERAL PROVISIONS ‘‘(3) adequately ensures that the project sessing, and facilitating projects and pro- will be properly administered, operated, and grams to promote the economic development ‘‘§ 15701. Consent of States maintained; and of the region. ‘‘This subtitle does not require a State to ‘‘(4) otherwise meets the requirements for engage in or accept a program under this ‘‘§ 15506. Supplements to Federal grant pro- assistance under this subtitle. subtitle without its consent. grams ‘‘(c) VOTES FOR DECISIONS.—On certifi- ‘‘§ 15702. Distressed counties and areas cation by a State member of a Commission ‘‘(a) FINDING.—Congress finds that certain of an application for a grant or other assist- States and local communities of the region, ‘‘(a) DESIGNATIONS.—Not later than 90 days ance for a specific project under this section, including local development districts, may after the date of enactment of this section, an affirmative vote of the Commission under be unable to take maximum advantage of and annually thereafter, each Commission section 15302 shall be required for approval of Federal grant programs for which the States shall make the following designations: the application. and communities are eligible because— ‘‘(1) DISTRESSED COUNTIES.—The Commis- ‘‘(1) they lack the economic resources to sion shall designate as distressed counties ‘‘§ 15504. Program development criteria provide the required matching share; or those counties in its region that are the ‘‘(a) IN GENERAL.—In considering programs ‘‘(2) there are insufficient funds available most severely and persistently economically and projects to be provided assistance by a under the applicable Federal law with re- distressed and underdeveloped and have high Commission under this subtitle, and in es- spect to a project to be carried out in the re- rates of poverty, unemployment, or out- tablishing a priority ranking of the requests gion. migration. for assistance provided to the Commission, ‘‘(b) FEDERAL GRANT PROGRAM FUNDING.—A ‘‘(2) TRANSITIONAL COUNTIES.—The Commis- the Commission shall follow procedures that Commission, with the approval of the Fed- sion shall designate as transitional counties ensure, to the maximum extent practicable, eral Cochairperson, may use amounts made those counties in its region that are eco- consideration of— available to carry out this subtitle— nomically distressed and underdeveloped or ‘‘(1) the relationship of the project or class ‘‘(1) for any part of the basic Federal con- have recently suffered high rates of poverty, of projects to overall regional development; tribution to projects or activities under the unemployment, or outmigration. ‘‘(2) the per capita income and poverty and Federal grant programs authorized by Fed- ‘‘(3) ATTAINMENT COUNTIES.—The Commis- unemployment and outmigration rates in an eral laws; and sion shall designate as attainment counties, area; ‘‘(2) to increase the Federal contribution to those counties in its region that are not des- ‘‘(3) the financial resources available to projects and activities under the programs ignated as distressed or transitional counties the applicants for assistance seeking to above the fixed maximum part of the cost of under this subsection. carry out the project, with emphasis on en- the projects or activities otherwise author- ‘‘(4) ISOLATED AREAS OF DISTRESS.—The suring that projects are adequately financed ized by the applicable law. Commission shall designate as isolated areas to maximize the probability of successful ‘‘(c) CERTIFICATION REQUIRED.—For a pro- of distress, areas located in counties des- economic development; gram, project, or activity for which any part ignated as attainment counties under para- ‘‘(4) the importance of the project or class of the basic Federal contribution to the graph (3) that have high rates of poverty, un- of projects in relation to the other projects project or activity under a Federal grant employment, or outmigration. or classes of projects that may be in com- program is proposed to be made under sub- ‘‘(b) ALLOCATION.—A Commission shall al- petition for the same funds; section (b), the Federal contribution shall locate at least 50 percent of the appropria- ‘‘(5) the prospects that the project for not be made until the responsible Federal of- tions made available to the Commission to which assistance is sought will improve, on a ficial administering the Federal law author- carry out this subtitle for programs and continuing rather than a temporary basis, izing the Federal contribution certifies that projects designed to serve the needs of dis- the opportunities for employment, the aver- the program, project, or activity meets the tressed counties and isolated areas of dis- age level of income, or the economic develop- applicable requirements of the Federal law tress in the region. ment of the area to be served by the project; and could be approved for Federal contribu- ‘‘(c) ATTAINMENT COUNTIES.— and tion under that law if amounts were avail- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(6) the extent to which the project design able under the law for the program, project, paragraph (2), funds may not be provided provides for detailed outcome measurements or activity. under this subtitle for a project located in a by which grant expenditures and the results ‘‘(d) LIMITATIONS IN OTHER LAWS INAPPLI- county designated as an attainment county of the expenditures may be evaluated. CABLE.—Amounts provided pursuant to this under subsection (a).

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‘‘(2) EXCEPTIONS.— ‘‘(d) ANNUAL AUDIT.—The Inspector Gen- Dent, Douglas, Dunklin, Howell, Iron, Madi- ‘‘(A) ADMINISTRATIVE EXPENSES OF LOCAL eral shall audit the activities, transactions, son, Mississippi, New Madrid, Oregon, Ozark, DEVELOPMENT DISTRICTS.—The funding prohi- and records of each Commission on an an- Pemiscott, Perry, Phelps, Reynolds, Ripley, bition under paragraph (1) shall not apply to nual basis. Ste. Genevieve, St. Francois, Scott, Shan- grants to fund the administrative expenses ‘‘§ 15705. Biannual meetings of representa- non, Stoddard, Texas, Washington, Wayne, of local development districts under section tives of all Commissions and Wright in the State of Missouri. 15505. ‘‘(8) TENNESSEE.—The counties of Benton, ‘‘(a) IN GENERAL.—Representatives of each ‘‘(B) MULTICOUNTY AND OTHER PROJECTS.—A Commission, the Appalachian Regional Com- Carroll, Chester, Crockett, Decatur, Dyer, Commission may waive the application of mission, and the Denali Commission shall Fayette, Gibson, Hardeman, Hardin, Hay- the funding prohibition under paragraph (1) meet biannually to discuss issues con- wood, Henderson, Henry, Lake, Lauderdale, with respect to— fronting regions suffering from chronic and McNairy, Madison, Obion, Shelby, Tipton, ‘‘(i) a multicounty project that includes contiguous distress and successful strategies and Weakley in the State of Tennessee. participation by an attainment county; and for promoting regional development. ‘‘§ 15732. Northern Great Plains Regional ‘‘(ii) any other type of project, if a Com- ‘‘(b) CHAIR OF MEETINGS.—The chair of Commission mission determines that the project could each meeting shall rotate among the Com- ‘‘The region of the Northern Great Plains bring significant benefits to areas of the re- missions, with the Appalachian Regional Regional Commission shall consist of all gion outside an attainment county. Commission to host the first meeting. counties of the States of Iowa, Minnesota, ‘‘(3) ISOLATED AREAS OF DISTRESS.—For a Nebraska, North Dakota, and South Dakota. designation of an isolated area of distress to ‘‘§ 15706. Relationship to other laws ‘‘§ 15733. Southeast Crescent Regional Com- be effective, the designation shall be sup- ‘‘Projects receiving assistance under this mission ported— subtitle shall be treated in the manner pro- ‘‘(A) by the most recent Federal data avail- vided in section 602 of the Public Works and ‘‘The region of the Southeast Crescent Re- gional Commission shall consist of all coun- able; or Economic Development Act of 1965 (42 U.S.C. ties of the States of Virginia, North Caro- ‘‘(B) if no recent Federal data are avail- 3212). lina, South Carolina, Georgia, Alabama, Mis- able, by the most recent data available ‘‘SUBCHAPTER II—DESIGNATION OF sissippi, and Florida not already served by through the government of the State in REGIONS the Appalachian Regional Commission or the which the isolated area of distress is located. ‘‘§ 15731. Delta Regional Commission Delta Regional Commission. ‘‘§ 15703. Counties eligible for assistance in ‘‘The region of the Delta Regional Commis- ‘‘§ 15734. Southwest Border Regional Commis- more than one region sion shall consist of the following political sion ‘‘(a) LIMITATION.—A political subdivision of subdivisions: ‘‘The region of the Southwest Border Re- a State may not receive assistance under ‘‘(1) ALABAMA.—The counties of Barbour, gional Commission shall consist of the fol- this subtitle in a fiscal year from more than Bullock, Butler, Choctaw, Clarke, Conecuh, lowing political subdivisions: one Commission. Dallas, Escambia, Greene, Hale, Lowndes, ‘‘(1) ARIZONA.—The counties of Cochise, ‘‘(b) SELECTION OF COMMISSION.—A political Macon, Marengo, Monroe, Perry, Pickens, subdivision included in the region of more Gila, Graham, Greenlee, La Paz, Maricopa, Russell, Sumter, Washington, and Wilcox in Pima, Pinal, Santa Cruz, and Yuma in the than one Commission shall select the Com- the State of Alabama. mission with which it will participate by no- State of Arizona. ‘‘(2) ARKANSAS.—The counties of Arkansas, ‘‘(2) CALIFORNIA.—The counties of Imperial, tifying, in writing, the Federal Cochair- Ashley, Baxter, Bradley, Calhoun, Chicot, person and the appropriate State member of Los Angeles, Orange, Riverside, San Clay, Cleveland, Craighead, Crittenden, Bernardino, San Diego, and Ventura in the that Commission. Cross, Dallas, Desha, Drew, Fulton, Grant, ‘‘(c) CHANGES IN SELECTIONS.—The selec- State of California. Greene, Independence, Izard, Jackson, Jeffer- tion of a Commission by a political subdivi- ‘‘(3) NEW MEXICO.—The counties of Catron, son, Lawrence, Lee, Lincoln, Lonoke, Mar- sion shall apply in the fiscal year in which Chaves, Dona Ana, Eddy, Grant, Hidalgo, ion, Mississippi, Monroe, Ouachita, Phillips, the selection is made, and shall apply in each Lincoln, Luna, Otero, Sierra, and Socorro in Poinsett, Prairie, Pulaski, Randolph, St. subsequent fiscal year unless the political the State of New Mexico. Francis, Searcy, Sharp, Stone, Union, Van subdivision, at least 90 days before the first ‘‘(4) TEXAS.—The counties of Atascosa, day of the fiscal year, notifies the Cochair- Buren, White, and Woodruff in the State of Bandera, Bee, Bexar, Brewster, Brooks, Cam- persons of another Commission in writing Arkansas. eron, Coke, Concho, Crane, Crockett, that the political subdivision will partici- ‘‘(3) ILLINOIS.—The counties of Alexander, Culberson, Dimmit, Duval, Ector, Edwards, pate in that Commission and also transmits Franklin, Gallatin, Hamilton, Hardin, Jack- El Paso, Frio, Gillespie, Glasscock, Hidalgo, a copy of such notification to the Cochair- son, Johnson, Massac, Perry, Pope, Pulaski, Hudspeth, Irion, Jeff Davis, Jim Hogg, Jim persons of the Commission in which the po- Randolph, Saline, Union, White, and Wood- Wells, Karnes, Kendall, Kenedy, Kerr, litical subdivision is currently participating. ruff in the State of Illinois. Kimble, Kinney, Kleberg, La Salle, Live Oak, ‘‘(d) INCLUSION OF APPALACHIAN REGIONAL ‘‘(4) KENTUCKY.—The counties of Ballard, Loving, Mason, Maverick, McMullen, Me- COMMISSION.—In this section, the term ‘Com- Caldwell, Calloway, Carlisle, Christian, dina, Menard, Midland, Nueces, Pecos, Pre- mission’ includes the Appalachian Regional Crittenden, Fulton, Graves, Henderson, sidio, Reagan, Real, Reeves, San Patricio, Commission established under chapter 143. Hickman, Hopkins, Livingston, Lyon, Mar- Shleicher, Sutton, Starr, Sterling, Terrell, ‘‘§ 15704. Inspector General; records shall, McCracken, McLean, Muhlenberg, Tom Green Upton, Uvalde, Val Verde, Ward, Todd, Trigg, Union, and Webster in the State ‘‘(a) APPOINTMENT OF INSPECTOR GEN- Webb, Willacy, Wilson, Winkler, Zapata, and ERAL.—There shall be an Inspector General of Kentucky. Zavala in the State of Texas. ‘‘(5) LOUISIANA.—The parishes of Acadia, for the Commissions appointed in accordance ‘‘§ 15735. Northern Border Regional Commis- Allen, Ascension, Assumption, Avoyelles, with section 3(a) of the Inspector General sion Caldwell, Catahoula, Concordia, E. Baton Act of 1978 (5 U.S.C. App.). All of the Com- ‘‘The region of the Northern Border Re- missions shall be subject to a single Inspec- Rouge, E. Carroll, E. Feliciana, Evangeline, Franklin, Grant, Iberia, Iberville, Jackson, gional Commission shall include the fol- tor General. lowing counties: ‘‘(b) RECORDS OF A COMMISSION.— Jefferson, Lafourche, La Salle, Lincoln, Liv- ‘‘(1) MAINE.—The counties of Androscoggin, ‘‘(1) IN GENERAL.—A Commission shall ingston, Madison, Morehouse, Natchitoches, Aroostook, Franklin, Hancock, Kennebec, maintain accurate and complete records of Orleans, Ouachita, Plaquemines, Pointe Knox, Oxford, Penobscot, Piscataquis, Som- all its transactions and activities. Coupee, Rapides, Richland, St. Bernard, St. erset, Waldo, and Washington in the State of ‘‘(2) AVAILABILITY.—All records of a Com- Charles, St. Helena, St. James, St. John the Maine. mission shall be available for audit and ex- Baptist, St. Landry, St. Martin, Tangipahoa, ‘‘(2) NEW HAMPSHIRE.—The counties of Car- amination by the Inspector General (includ- Tensas, Union, Washington, W. Baton Rouge, roll, Coos, Grafton, and Sullivan in the State ing authorized representatives of the Inspec- W. Carroll, W. Feliciana, and Winn in the of New Hampshire. tor General). State of Louisiana. ‘‘(3) NEW YORK.—The counties of Cayuga, ‘‘(c) RECORDS OF RECIPIENTS OF COMMISSION ‘‘(6) MISSISSIPPI.—The counties of Adams, Clinton, Essex, Franklin, Fulton, Hamilton, ASSISTANCE.— Amite, Attala, Benton, Bolivar, Carroll, Herkimer, Jefferson, Lewis, Madison, Onei- ‘‘(1) IN GENERAL.—A recipient of funds from Claiborne, Coahoma, Copiah, Covington, a Commission under this subtitle shall main- Desoto, Franklin, Grenada, Hinds, Holmes, da, Oswego, Seneca, and St. Lawrence in the tain accurate and complete records of trans- Humphreys, Issaquena, Jefferson, Jefferson State of New York. actions and activities financed with the Davis, Lafayette, Lawrence, Leflore, Lin- ‘‘(4) VERMONT.—The counties of Caledonia, funds and report to the Commission on the coln, Madison, Marion, Marshall, Mont- Essex, Franklin, Grand Isle, Lamoille, and transactions and activities. gomery, Panola, Pike, Quitman, Rankin, Orleans in the State of Vermont. ‘‘(2) AVAILABILITY.—All records required Sharkey, Simpson, Sunflower, Tallahatchie, ‘‘SUBCHAPTER III—AUTHORIZATION OF under paragraph (1) shall be available for Tate, Tippah, Tunica, Union, Walthall, War- APPROPRIATIONS audit by the Commission and the Inspector ren, Washington, Wilkinson, Yalobusha, and ‘‘§ 15751. Authorization of appropriations General (including authorized representa- Yazoo in the State of Mississippi. ‘‘(a) IN GENERAL.—There is authorized to tives of the Commission and the Inspector ‘‘(7) MISSOURI.—The counties Bollinger, be appropriated to each Commission to carry General). Butler, Cape Girardeau, Carter, Crawford, out this subtitle—

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.040 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11275 ‘‘(1) $40,000,000 for fiscal year 2008; amendment in the nature of a sub- ‘‘(bb) designees or employees of a general pur- ‘‘(2) $45,000,000 for fiscal year 2009; stitute printed in the bill, modified by pose unit of local government that have been ‘‘(3) $50,000,000 for fiscal year 2010; the amendment printed in House Re- appointed to represent the unit of local govern- ‘‘(4) $55,000,000 for fiscal year 2011; and port 110–361, is adopted and the bill, as ment; and ‘‘(5) $60,000,000 for fiscal year 2012. ‘‘(III) is certified by the Governor or appro- ‘‘(b) ADMINISTRATIVE EXPENSES.—Not more amended, is considered read. priate State officer as having a charter or au- than 10 percent of the funds made available The text of the bill, as amended, is as thority that includes the economic development to a Commission in a fiscal year under this follows: of counties, portions of counties, or other polit- section may be used for administrative ex- H.R. 3246 ical subdivisions within the region; and penses.’’. Be it enacted by the Senate and House of Rep- ‘‘(B) has not, as certified by the Federal Co- (b) CONFORMING AMENDMENT.—The table of chairperson— subtitles for chapter 40, United States Code, resentatives of the United States of America in Congress assembled, ‘‘(i) inappropriately used Federal grant funds is amended by striking the item relating to from any Federal source; or subtitle V and inserting the following: SECTION 1. SHORT TITLE. ‘‘(ii) appointed an officer who, during the pe- ‘‘V. REGIONAL ECONOMIC AND This Act may be cited as the ‘‘Regional Eco- riod in which another entity inappropriately INFRASTRUCTURE DEVELOP- nomic and Infrastructure Development Act of used Federal grant funds from any Federal MENT ...... 15101 2007’’. source, was an officer of the other entity. ‘‘VI. MISCELLANEOUS ...... 17101.’’. SEC. 2. FINDINGS AND PURPOSES. ‘‘(3) FEDERAL GRANT PROGRAM.—The term SEC. 4. CONFORMING AMENDMENTS. (a) FINDINGS.—Congress finds that— ‘Federal grant program’ means a Federal grant (a) REPEALS.—Subtitles F and G of the (1) certain regions of the Nation, including program to provide assistance in carrying out Consolidated Farm and Rural Development Appalachia, the Mississippi Delta Region, the economic and community development activities. Act (7 U.S.C. 2009aa–2009bb–13) are repealed. Northern Great Plains Region, the Southeast ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ (b) INSPECTOR GENERAL ACT.—Section 11 of Crescent Region, the Southwest Border Region, has the meaning given the term in section 4 of the Inspector General Act of 1978 (5 U.S.C. the Northern Border Region, and rural Alaska, the Indian Self-Determination and Education App.) is amended— have suffered from chronic distress far above the Assistance Act (25 U.S.C. 450b). (1) in paragraph (1) by striking ‘‘or the national average; ‘‘(5) NONPROFIT ENTITY.—The term ‘nonprofit President of the Export-Import Bank;’’ and (2) an economically distressed region can suf- entity’ means any entity with tax-exempt or inserting ‘‘the President of the Export-Im- fer unemployment and poverty at a rate that is nonprofit status, as defined by the Internal Rev- port Bank; or the Federal Cochairpersons of 150 percent of the national average; and enue Service, that has been formed for the pur- the Commissions established under section (3) regional commissions are unique Federal- pose of economic development. 15301 of title 40, United States Code;’’; and State partnerships that can provide targeted re- ‘‘(6) REGION.—The term ‘region’ means the (2) in paragraph (2) by striking ‘‘or the Ex- sources to alleviate pervasive economic distress. area covered by a Commission as described in port-Import Bank,’’ and inserting ‘‘the Ex- (b) PURPOSES.—The purposes of this Act are— subchapter II of chapter 157. port-Import Bank, or the Commissions es- (1) to provide a comprehensive regional ap- ‘‘CHAPTER 153—REGIONAL COMMISSIONS tablished under section 15301 of title 40, proach to economic and infrastructure develop- ‘‘Sec. United States Code,’’. ment in the most severely economically dis- ‘‘15301. Establishment, membership, and employ- SEC. 5. TRANSFERS OF AUTHORITY AND SAVINGS tressed regions in the Nation; and ees. PROVISIONS. (2) to ensure that the most severely economi- (a) TRANSFERS OF AUTHORITY.—Subject to ‘‘15302. Decisions. cally distressed regions in the Nation have the the requirements of this Act (including the ‘‘15303. Functions. necessary tools to develop the basic building amendments made by this Act)— ‘‘15304. Administrative powers and expenses. blocks for economic development, such as trans- (1) all of the functions of the Delta Re- ‘‘15305. Meetings. portation and basic public infrastructure, job gional Authority are transferred to the Delta ‘‘15306. Personal financial interests. skills training, and business development. Regional Commission; and ‘‘15307. Tribal representation on Northern Great (2) all of the functions of the Northern SEC. 3. REGIONAL ECONOMIC AND INFRASTRUC- Plains Regional Commission. Great Plains Regional Authority are trans- TURE DEVELOPMENT. ‘‘15308. Tribal participation. ferred to the Northern Great Plains Regional (a) IN GENERAL.—Title 40, United States Code, ‘‘15309. Annual report. is amended— Commission. ‘‘§ 15301. Establishment, membership, and em- (1) by redesignating subtitle V as subtitle VI; (b) LEGAL DOCUMENTS.—All orders, deter- ployees minations, rules, regulations, grants, loans, and ‘‘(a) ESTABLISHMENT.—There are established contracts, and agreements— (2) by inserting after subtitle IV the following: the following regional Commissions: (1) that have been issued, made, granted, or ‘‘Subtitle V—Regional Economic and ‘‘(1) The Delta Regional Commission. allowed to become effective by the Delta Re- Infrastructure Development ‘‘(2) The Northern Great Plains Regional gional Authority or the Northern Great ‘‘Chapter Sec. Commission. Plains Regional Authority in the perform- ‘‘151. GENERAL PROVISIONS ...... 15101 ‘‘(3) The Southeast Crescent Regional Com- ance of any function that is transferred by ‘‘153. REGIONAL COMMISSIONS ...... 15301 mission. this section, and ‘‘155. FINANCIAL ASSISTANCE ...... 15501 ‘‘(4) The Southwest Border Regional Commis- (2) that are in effect on the effective date ‘‘157. ADMINISTRATIVE PROVISIONS 15701 sion. of such transfer (or become effective after ‘‘CHAPTER 151—GENERAL PROVISIONS ‘‘(5) The Northern Border Regional Commis- such date pursuant to their terms as in ef- sion. fect on such effective date), ‘‘Sec. ‘‘15101. Definitions. ‘‘(b) MEMBERSHIP.— shall continue in effect according to their ‘‘(1) FEDERAL AND STATE MEMBERS.—Each terms until modified, terminated, super- ‘‘§ 15101. Definitions Commission shall be composed of the following seded, set aside, or revoked in accordance ‘‘In this subtitle, the following definitions members: with law by an authorized official, a court of apply: ‘‘(A) A Federal Cochairperson, to be ap- competent jurisdiction, or operation of law. ‘‘(1) COMMISSION.—The term ‘Commission’ pointed by the President, by and with the ad- (c) TRANSFER OF ASSETS AND PERSONNEL.— means a Commission established under section vice and consent of the Senate. (1) DELTA REGIONAL COMMISSION.—There 15301. ‘‘(B) The Governor of each participating State shall be transferred to the Delta Regional ‘‘(2) LOCAL DEVELOPMENT DISTRICT.—The term in the region of the Commission. Commission such assets, funds, personnel, ‘local development district’ means an entity ‘‘(2) ALTERNATE MEMBERS.— records, and other property of the Delta Re- that— ‘‘(A) ALTERNATE FEDERAL COCHAIRPERSON.— gional Authority relating to the functions of ‘‘(A)(i) is an economic development district The President shall appoint an alternate Fed- the Authority as the Commission determines that is— eral Cochairperson for each Commission. The al- appropriate. ‘‘(I) in existence on the date of enactment of ternate Federal Cochairperson, when not ac- (2) NORTHERN GREAT PLAINS REGIONAL COM- this chapter; and tively serving as an alternate for the Federal MISSION.—There shall be transferred to the ‘‘(II) located in the region; or Cochairperson, shall perform such functions Northern Great Plains Regional Commission ‘‘(ii) if an entity described in clause (i) does and duties as are delegated by the Federal Co- such assets, funds, personnel, records, and not exist— chairperson. other property of the Northern Great Plains ‘‘(I) is organized and operated in a manner ‘‘(B) STATE ALTERNATES.—The State member Regional Authority as the Commission de- that ensures broad-based community participa- of a participating State may have a single alter- termines appropriate. tion and an effective opportunity for local offi- nate, who shall be appointed by the Governor of SEC. 6. EFFECTIVE DATE. cials, community leaders, and the public to con- the State from among the members of the Gov- This Act, and the amendments made by tribute to the development and implementation ernor’s cabinet or personal staff. this Act, shall take effect on the first day of of programs in the region; ‘‘(C) VOTING.—An alternate member shall vote the first fiscal year beginning after the date ‘‘(II) is governed by a policy board with at in the case of the absence, death, disability, re- of enactment of this Act. least a simple majority of members consisting moval, or resignation of the Federal or State The SPEAKER pro tempore. Pursu- of— member for which the alternate member is an al- ant to House Resolution 704, the ‘‘(aa) elected officials; or ternate.

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‘‘(3) COCHAIRPERSONS.—A Commission shall be velopment of its region, giving due consideration assistance in carrying out this subtitle, in ac- headed by— to other Federal, State, and local planning and cordance with applicable Federal laws (includ- ‘‘(A) the Federal Cochairperson, who shall development activities in the region; ing regulations). serve as a liaison between the Federal Govern- ‘‘(3) not later than one year after the date of ‘‘(c) ADMINISTRATIVE EXPENSES.— ment and the Commission; and enactment of this section, and after taking into ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(B) a State Cochairperson, who shall be a account State plans developed under section the administrative expenses of a Commission Governor of a participating State in the region 15502, establish priorities in an economic and in- shall be paid— and shall be elected by the State members for a frastructure development plan for its region, in- ‘‘(A) by the Federal Government, in an term of not less than 1 year. cluding 5-year regional outcome targets; amount equal to 50 percent of the administrative ‘‘(4) CONSECUTIVE TERMS.—A State member ‘‘(4)(A) enhance the capacity of, and provide expenses of the Commission; and may not be elected to serve as State Cochair- support for, local development districts in its re- ‘‘(B) by the States participating in the Com- person for more than 2 consecutive terms. gion; or mission, in an amount equal to 50 percent of the ‘‘(c) COMPENSATION.— ‘‘(B) if no local development district exists in administrative expenses. ‘‘(1) FEDERAL COCHAIRPERSONS.—Each Fed- an area in a participating State in the region, ‘‘(2) EXPENSES OF THE FEDERAL COCHAIR- eral Cochairperson shall be compensated by the foster the creation of a local development dis- PERSON.—All expenses of the Federal Cochair- Federal Government at level III of the Executive trict; person, including expenses of the alternate and Schedule as set out in section 5314 of title 5. ‘‘(5) encourage private investment in indus- staff of the Federal Cochairperson, shall be paid ‘‘(2) ALTERNATE FEDERAL COCHAIRPERSONS.— trial, commercial, and other economic develop- by the Federal Government. Each Federal Cochairperson’s alternate shall be ment projects in its region; ‘‘(3) STATE SHARE.— compensated by the Federal Government at level ‘‘(6) cooperate with and assist State govern- ‘‘(A) IN GENERAL.—Subject to subparagraph V of the Executive Schedule as set out in section ments with the preparation of economic and in- (B), the share of administrative expenses of a 5316 of title 5. frastructure development plans and programs Commission to be paid by each State of the Com- ‘‘(3) STATE MEMBERS AND ALTERNATES.—Each for participating States; mission shall be determined by a unanimous State member and alternate shall be com- ‘‘(7) formulate and recommend to the Gov- vote of the State members of the Commission. pensated by the State that they represent at the ernors and legislatures of States that participate ‘‘(B) NO FEDERAL PARTICIPATION.—The Fed- rate established by the laws of that State. in the Commission forms of interstate coopera- eral Cochairperson shall not participate or vote ‘‘(d) EXECUTIVE DIRECTOR AND STAFF.— tion and, where appropriate, international co- in any decision under subparagraph (A). ‘‘(1) IN GENERAL.—A Commission shall appoint operation; and ‘‘(C) DELINQUENT STATES.—During any period and fix the compensation of an executive direc- ‘‘(8) work with State and local agencies in de- in which a State is more than 1 year delinquent tor and such other personnel as are necessary to veloping appropriate model legislation to en- in payment of the State’s share of administra- enable the Commission to carry out its duties. hance local and regional economic development. tive expenses of the Commission under this sub- Compensation under this paragraph may not ex- section— ‘‘§ 15304. Administrative powers and expenses ceed the maximum rate of basic pay established ‘‘(i) no assistance under this subtitle shall be for the Senior Executive Service under section ‘‘(a) POWERS.—In carrying out its duties provided to the State (including assistance to a 5382 of title 5, including any applicable locality- under this subtitle, a Commission may— political subdivision or a resident of the State) based comparability payment that may be au- ‘‘(1) hold such hearings, sit and act at such for any project not approved as of the date of thorized under section 5304(h)(2)(C) of that title. times and places, take such testimony, receive the commencement of the delinquency; and ‘‘(2) EXECUTIVE DIRECTOR.—The executive di- such evidence, and print or otherwise reproduce ‘‘(ii) no member of the Commission from the rector shall be responsible for carrying out the and distribute a description of the proceedings State shall participate or vote in any action by administrative duties of the Commission, direct- and reports on actions by the Commission as the the Commission. ing the Commission staff, and such other duties Commission considers appropriate; ‘‘(4) EFFECT ON ASSISTANCE.—A State’s share as the Commission may assign. ‘‘(2) authorize, through the Federal or State of administrative expenses of a Commission ‘‘(e) NO FEDERAL EMPLOYEE STATUS.—No Cochairperson or any other member of the Com- under this subsection shall not be taken into member, alternate, officer, or employee of a mission designated by the Commission, the ad- consideration when determining the amount of Commission (other than the Federal Cochair- ministration of oaths if the Commission deter- assistance provided to the State under this sub- person, the alternate Federal Cochairperson, mines that testimony should be taken or evi- title. dence received under oath; staff of the Federal Cochairperson, and any ‘‘§ 15305. Meetings Federal employee detailed to the Commission) ‘‘(3) request from any Federal, State, or local agency such information as may be available to ‘‘(a) INITIAL MEETING.—Each Commission shall be considered to be a Federal employee for shall hold an initial meeting not later than 180 any purpose. or procurable by the agency that may be of use to the Commission in carrying out the duties of days after the date of enactment of this section. ‘‘§ 15302. Decisions the Commission; ‘‘(b) ANNUAL MEETING.—Each Commission ‘‘(a) REQUIREMENTS FOR APPROVAL.—Except ‘‘(4) adopt, amend, and repeal bylaws and shall conduct at least 1 meeting each year with as provided in section 15304(c)(3), decisions by rules governing the conduct of business and the the Federal Cochairperson and at least a major- the Commission shall require the affirmative performance of duties by the Commission; ity of the State members present. vote of the Federal Cochairperson and a major- ‘‘(5) request the head of any Federal agency, ‘‘(c) ADDITIONAL MEETINGS.—Each Commis- ity of the State members (exclusive of members State agency, or local government to detail to sion shall conduct additional meetings at such representing States delinquent under section the Commission such personnel as the Commis- times as it determines and may conduct such 15304(c)(3)(C)). sion requires to carry out its duties, each such meetings by electronic means. ‘‘(b) CONSULTATION.—In matters coming be- detail to be without loss of seniority, pay, or ‘‘§ 15306. Personal financial interests fore the Commission, the Federal Cochairperson other employee status; ‘‘(a) CONFLICTS OF INTEREST.— shall, to the extent practicable, consult with the ‘‘(6) provide for coverage of Commission em- ‘‘(1) NO ROLE ALLOWED.—Except as permitted Federal departments and agencies having an in- ployees in a suitable retirement and employee by paragraph (2), an individual who is a State terest in the subject matter. benefit system by making arrangements or enter- member or alternate, or an officer or employee of UORUMS.—A Commission shall deter- ‘‘(c) Q ing into contracts with any participating State a Commission, shall not participate personally mine what constitutes a quorum for Commission government or otherwise providing retirement and substantially as a member, alternate, offi- meetings; except that— and other employee coverage; cer, or employee of the Commission, through de- ‘‘(1) any quorum shall include the Federal Co- ‘‘(7) accept, use, and dispose of gifts or dona- cision, approval, disapproval, recommendation, chairperson or the alternate Federal Cochair- tions or services or real, personal, tangible, or request for a ruling, or other determination, person; and intangible property; contract, claim, controversy, or other matter in ‘‘(2) a State alternate member shall not be ‘‘(8) enter into and perform such contracts, which, to the individual’s knowledge, any of the counted toward the establishment of a quorum. cooperative agreements, or other transactions as following has a financial interest: ‘‘(d) PROJECTS AND GRANT PROPOSALS.—The are necessary to carry out Commission duties, ‘‘(A) The individual. approval of project and grant proposals shall be including any contracts or cooperative agree- ‘‘(B) The individual’s spouse, minor child, or a responsibility of each Commission and shall be ments with a department, agency, or instrumen- partner. carried out in accordance with section 15503. tality of the United States, a State (including a ‘‘(C) An organization (except a State or polit- ‘‘§ 15303. Functions political subdivision, agency, or instrumentality ical subdivision of a State) in which the indi- ‘‘A Commission shall— of the State), or a person, firm, association, or vidual is serving as an officer, director, trustee, ‘‘(1) assess the needs and assets of its region corporation; and partner, or employee. based on available research, demonstration ‘‘(9) maintain a government relations office in ‘‘(D) Any person or organization with whom projects, investigations, assessments, and eval- the District of Columbia and establish and the individual is negotiating or has any ar- uations of the region prepared by Federal, maintain a central office at such location in its rangement concerning prospective employment. State, and local agencies, universities, local de- region as the Commission may select. ‘‘(2) EXCEPTION.—Paragraph (1) shall not velopment districts, and other nonprofit groups; ‘‘(b) FEDERAL AGENCY COOPERATION.—A Fed- apply if the individual, in advance of the pro- ‘‘(2) develop, on a continuing basis, com- eral agency shall— ceeding, application, request for a ruling or prehensive and coordinated economic and infra- ‘‘(1) cooperate with a Commission; and other determination, contract, claim con- structure development strategies to establish pri- ‘‘(2) provide, to the extent practicable, on re- troversy, or other particular matter presenting a orities and approve grants for the economic de- quest of the Federal Cochairperson, appropriate potential conflict of interest—

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\CR\FM\A04OC7.032 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11277 ‘‘(A) advises the Commission of the nature the Tribal Cochairperson, shall be paid by the more than 50 percent of a project or activity cost and circumstances of the matter presenting the Federal Government. eligible for financial assistance under this sec- conflict of interest; ‘‘(e) DUTIES AND PRIVILEGES.—Except as pro- tion from amounts appropriated to carry out ‘‘(B) makes full disclosure of the financial in- vided in subsections (c) and (d), the Tribal Co- this subtitle. terest; and chairperson shall have the same duties and ‘‘(2) DISTRESSED COUNTIES.—The maximum ‘‘(C) receives a written decision of the Com- privileges as the State Cochairperson. Commission contribution for a project or activity mission that the interest is not so substantial as ‘‘§ 15308. Tribal participation to be carried out in a county for which a dis- to be considered likely to affect the integrity of ‘‘Governments of Indian tribes in the region of tressed county designation is in effect under sec- the services that the Commission may expect the Northern Great Plains Regional Commission tion 15702 may be increased to 80 percent. from the individual. or the Southwest Border Regional Commission ‘‘(3) SPECIAL RULE FOR REGIONAL PROJECTS.— ‘‘(3) VIOLATION.—An individual violating this shall be allowed to participate in matters before A Commission may increase to 60 percent under subsection shall be fined under title 18, impris- that Commission in the same manner and to the paragraph (1) and 90 percent under paragraph oned for not more than 1 year, or both. same extent as State agencies and instrumental- (2) the maximum Commission contribution for a ‘‘(b) STATE MEMBER OR ALTERNATE.—A State ities in the region. project or activity if— member or alternate member may not receive ‘‘(A) the project or activity involves 3 or more any salary, or any contribution to, or sup- ‘‘§ 15309. Annual report counties or more than one State; and plementation of, salary, for services on a Com- ‘‘(a) IN GENERAL.—Not later than 90 days ‘‘(B) the Commission determines in accordance mission from a source other than the State of after the last day of each fiscal year, each Com- with section 15302(a) that the project or activity the member or alternate. mission shall submit to the President and Con- will bring significant interstate or multicounty ‘‘(c) DETAILED EMPLOYEES.— gress a report on the activities carried out by the benefits to a region. ‘‘(1) IN GENERAL.—No person detailed to serve Commission under this subtitle in the fiscal ‘‘(e) MAINTENANCE OF EFFORT.—Funds may a Commission shall receive any salary, or any year. be provided by a Commission for a program or contribution to, or supplementation of, salary, ‘‘(b) CONTENTS.—The report shall include— project in a State under this section only if the for services provided to the Commission from ‘‘(1) a description of the criteria used by the Commission determines that the level of Federal any source other than the State, local, or inter- Commission to designate counties under section or State financial assistance provided under a governmental department or agency from which 15702 and a list of the counties designated in law other than this subtitle, for the same type of the person was detailed to the Commission. each category; program or project in the same area of the State ‘‘(2) an evaluation of the progress of the Com- ‘‘(2) VIOLATION.—Any person that violates within region, will not be reduced as a result of this subsection shall be fined under title 18, im- mission in meeting the goals identified in the funds made available by this subtitle. prisoned not more than 1 year, or both. Commission’s economic and infrastructure de- ‘‘(f) NO RELOCATION ASSISTANCE.—Financial velopment plan under section 15303 and State ‘‘(d) FEDERAL COCHAIRMAN, ALTERNATE TO assistance authorized by this section may not be economic and infrastructure development plans FEDERAL COCHAIRMAN, AND FEDERAL OFFICERS used to assist a person or entity in relocating under section 15502; and AND EMPLOYEES.—The Federal Cochairman, the from one area to another. ‘‘(3) any policy recommendations approved by alternate to the Federal Cochairman, and any the Commission. ‘‘§ 15502. Comprehensive economic and infra- Federal officer or employee detailed to duty structure development plans ‘‘CHAPTER 155—FINANCIAL ASSISTANCE with the Commission are not subject to this sec- ‘‘(a) STATE PLANS.—In accordance with poli- tion but remain subject to sections 202 through ‘‘Sec. cies established by a Commission, each State ‘‘15501. Economic and infrastructure develop- 209 of title 18. member of the Commission shall submit a com- ment grants. ‘‘(e) RESCISSION.—A Commission may declare prehensive economic and infrastructure develop- ‘‘15502. Comprehensive economic and infrastruc- void any contract, loan, or grant of or by the ment plan for the area of the region represented Commission in relation to which the Commission ture development plans. ‘‘15503. Approval of applications for assistance. by the State member. determines that there has been a violation of ‘‘(b) CONTENT OF PLAN.—A State economic any provision under subsection (a)(1), (b), or ‘‘15504. Program development criteria. ‘‘15505. Local development districts and organi- and infrastructure development plan shall re- (c), or any of the provisions of sections 202 flect the goals, objectives, and priorities identi- through 209 of title 18. zations. ‘‘15506. Supplements to Federal grant programs. fied in any applicable economic and infrastruc- ‘‘§ 15307. Tribal representation on Northern ture development plan developed by a Commis- ‘‘§ 15501. Economic and infrastructure devel- Great Plains Regional Commission sion under section 15303. opment grants ‘‘(a) TRIBAL COCHAIRPERSON.— ‘‘(c) CONSULTATION WITH INTERESTED LOCAL ‘‘(a) IN GENERAL.—A Commission may make ‘‘(1) APPOINTMENT.—In addition to the mem- PARTIES.—In carrying out the development grants to States and local governments, Indian bers specified in section 15301(b)(1), the member- planning process (including the selection of pro- tribes, and public and nonprofit organizations ship of the Northern Great Plains Regional grams and projects for assistance), a State for projects, approved in accordance with sec- Commission shall include a Tribal Cochair- shall— tion 15503— person, to be appointed by the President, by and ‘‘(1) consult with local development districts, ‘‘(1) to develop the transportation infrastruc- with the advice and consent of the Senate. The local units of government, and local colleges ture of its region; Tribal Cochairperson shall be a member of an and universities; and ‘‘(2) to develop the basic public infrastructure ‘‘(2) take into consideration the goals, objec- Indian tribe in the Commission’s region. of its region; ‘‘(2) DUTIES.—In addition to the Federal Co- tives, priorities, and recommendations of the en- ‘‘(3) to develop the telecommunications infra- tities described in paragraph (1). chairperson and State Cochairperson, the Com- structure of its region; mission shall be headed by the Tribal Cochair- ‘‘(d) PUBLIC PARTICIPATION.— ‘‘(4) to assist its region in obtaining job skills ‘‘(1) IN GENERAL.—A Commission and applica- person, who shall serve as a liaison between the training, skills development and employment-re- governments of Indian tribes in the region and ble State and local development districts shall lated education, entrepreneurship, technology, encourage and assist, to the maximum extent the Commission. and business development; ‘‘(b) ALTERNATE TRIBAL COCHAIRPERSON.— practicable, public participation in the develop- ‘‘(5) to provide assistance to severely economi- ment, revision, and implementation of all plans ‘‘(1) APPOINTMENT.—The President shall ap- cally distressed and underdeveloped areas of its point an alternate to the Tribal Cochairperson. and programs under this subtitle. region that lack financial resources for improv- ‘‘(2) GUIDELINES.—A Commission shall develop ‘‘(2) DUTIES.—The alternate Tribal Cochair- ing basic health care and other public services; person, when not actively serving as an alter- guidelines for providing public participation, in- ‘‘(6) to promote resource conservation, tour- cluding public hearings. nate for the Tribal Cochairperson, shall perform ism, recreation, and preservation of open space such functions and duties as are delegated by in a manner consistent with economic develop- ‘‘§ 15503. Approval of applications for assist- the Tribal Cochairperson. ment goals; ance ‘‘(3) VOTING.—The alternate Tribal Cochair- ‘‘(7) to promote the development of renewable ‘‘(a) EVALUATION BY STATE MEMBER.—An ap- person shall vote in the case of the absence, and alternative energy sources; and plication to a Commission for a grant or any death, disability, removal, or resignation of the ‘‘(8) to otherwise achieve the purposes of this other assistance for a project under this subtitle Tribal Cochairperson. subtitle. shall be made through, and evaluated for ap- ‘‘(c) COMPENSATION.— ‘‘(b) ALLOCATION OF FUNDS.—A Commission proval by, the State member of the Commission ‘‘(1) TRIBAL COCHAIRPERSON.—The Tribal Co- shall allocate at least 40 percent of any grant representing the applicant. chairperson shall be compensated by the Federal amounts provided by the Commission in a fiscal ‘‘(b) CERTIFICATION.—An application to a Government at level III of the Executive Sched- year for projects described in paragraphs (1) Commission for a grant or other assistance for a ule as set out in section 5314 of title 5. through (3) of subsection (a). project under this subtitle shall be eligible for ‘‘(2) ALTERNATE TRIBAL COCHAIRPERSON.—The ‘‘(c) SOURCES OF GRANTS.—Grant amounts assistance only on certification by the State Tribal Cochairperson’s alternate shall be com- may be provided entirely from appropriations to member of the Commission representing the ap- pensated by the Federal Government at level V carry out this subtitle, in combination with plicant that the application for the project— of the Executive Schedule as set out in section amounts available under other Federal grant ‘‘(1) describes ways in which the project com- 5316 of title 5. programs, or from any other source. plies with any applicable State economic and in- ‘‘(d) EXPENSES OF TRIBAL COCHAIRPERSON.— ‘‘(d) MAXIMUM COMMISSION CONTRIBUTIONS.— frastructure development plan; All expenses of the Tribal Cochairperson, in- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(2) meets applicable criteria under section cluding expenses of the alternate and staff of and (3), the Commission may contribute not 15504;

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A04OC7.032 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11278 CONGRESSIONAL RECORD — HOUSE October 4, 2007 ‘‘(3) adequately ensures that the project will ‘‘§ 15506. Supplements to Federal grant pro- annually thereafter, each Commission shall be properly administered, operated, and main- grams make the following designations: tained; and ‘‘(a) FINDING.—Congress finds that certain ‘‘(1) DISTRESSED COUNTIES.—The Commission ‘‘(4) otherwise meets the requirements for as- States and local communities of the region, in- shall designate as distressed counties those sistance under this subtitle. cluding local development districts, may be un- counties in its region that are the most severely ‘‘(c) VOTES FOR DECISIONS.—On certification able to take maximum advantage of Federal and persistently economically distressed and un- by a State member of a Commission of an appli- grant programs for which the States and com- derdeveloped and have high rates of poverty, cation for a grant or other assistance for a spe- munities are eligible because— unemployment, or outmigration. cific project under this section, an affirmative ‘‘(1) they lack the economic resources to pro- ‘‘(2) TRANSITIONAL COUNTIES.—The Commis- vote of the Commission under section 15302 shall vide the required matching share; or sion shall designate as transitional counties be required for approval of the application. ‘‘(2) there are insufficient funds available those counties in its region that are economi- ‘‘§ 15504. Program development criteria under the applicable Federal law with respect to cally distressed and underdeveloped or have re- a project to be carried out in the region. cently suffered high rates of poverty, unemploy- ‘‘(a) IN GENERAL.—In considering programs ‘‘(b) FEDERAL GRANT PROGRAM FUNDING.—A ment, or outmigration. and projects to be provided assistance by a Com- Commission, with the approval of the Federal ‘‘(3) ATTAINMENT COUNTIES.—The Commission mission under this subtitle, and in establishing Cochairperson, may use amounts made available shall designate as attainment counties, those a priority ranking of the requests for assistance to carry out this subtitle— counties in its region that are not designated as provided to the Commission, the Commission ‘‘(1) for any part of the basic Federal con- distressed or transitional counties under this shall follow procedures that ensure, to the max- tribution to projects or activities under the Fed- subsection. imum extent practicable, consideration of— eral grant programs authorized by Federal laws; ‘‘(4) ISOLATED AREAS OF DISTRESS.—The Com- ‘‘(1) the relationship of the project or class of and mission shall designate as isolated areas of dis- projects to overall regional development; ‘‘(2) to increase the Federal contribution to tress, areas located in counties designated as at- ‘‘(2) the per capita income and poverty and projects and activities under the programs above tainment counties under paragraph (3) that unemployment and outmigration rates in an the fixed maximum part of the cost of the have high rates of poverty, unemployment, or area; projects or activities otherwise authorized by the outmigration. ‘‘(3) the financial resources available to the applicable law. ‘‘(b) ALLOCATION.—A Commission shall allo- applicants for assistance seeking to carry out ‘‘(c) CERTIFICATION REQUIRED.—For a pro- cate at least 50 percent of the appropriations the project, with emphasis on ensuring that gram, project, or activity for which any part of made available to the Commission to carry out projects are adequately financed to maximize the basic Federal contribution to the project or this subtitle for programs and projects designed the probability of successful economic develop- activity under a Federal grant program is pro- to serve the needs of distressed counties and iso- ment; posed to be made under subsection (b), the Fed- lated areas of distress in the region. ‘‘(4) the importance of the project or class of eral contribution shall not be made until the re- ‘‘(c) ATTAINMENT COUNTIES.— projects in relation to the other projects or class- sponsible Federal official administering the Fed- ‘‘(1) IN GENERAL.—Except as provided in para- es of projects that may be in competition for the eral law authorizing the Federal contribution graph (2), funds may not be provided under this same funds; certifies that the program, project, or activity subtitle for a project located in a county des- ‘‘(5) the prospects that the project for which meets the applicable requirements of the Federal ignated as an attainment county under sub- assistance is sought will improve, on a con- law and could be approved for Federal contribu- section (a). tinuing rather than a temporary basis, the op- tion under that law if amounts were available ‘‘(2) EXCEPTIONS.— under the law for the program, project, or activ- portunities for employment, the average level of ‘‘(A) ADMINISTRATIVE EXPENSES OF LOCAL DE- ity. income, or the economic development of the area VELOPMENT DISTRICTS.—The funding prohibition to be served by the project; and ‘‘(d) LIMITATIONS IN OTHER LAWS INAPPLI- under paragraph (1) shall not apply to grants to ‘‘(6) the extent to which the project design CABLE.—Amounts provided pursuant to this sub- fund the administrative expenses of local devel- provides for detailed outcome measurements by title are available without regard to any limita- opment districts under section 15505. tions on areas eligible for assistance or author- which grant expenditures and the results of the ‘‘(B) MULTICOUNTY AND OTHER PROJECTS.—A izations for appropriation in any other law. expenditures may be evaluated. Commission may waive the application of the ‘‘(e) FEDERAL SHARE.—The Federal share of funding prohibition under paragraph (1) with ‘‘§ 15505. Local development districts and or- the cost of a project or activity receiving assist- respect to— ganizations ance under this section shall not exceed 80 per- ‘‘(i) a multicounty project that includes par- ‘‘(a) GRANTS TO LOCAL DEVELOPMENT DIS- cent. ticipation by an attainment county; and TRICTS.—Subject to the requirements of this sec- ‘‘(f) MAXIMUM COMMISSION CONTRIBUTION.— tion, a Commission may make grants to a local Section 15501(d), relating to limitations on Com- ‘‘(ii) any other type of project, if a Commis- development district to assist in the payment of mission contributions, shall apply to a program, sion determines that the project could bring sig- development planning and administrative ex- project, or activity receiving assistance under nificant benefits to areas of the region outside penses. this section. an attainment county. ‘‘(b) CONDITIONS FOR GRANTS.— ‘‘(3) ISOLATED AREAS OF DISTRESS.—For a des- ‘‘CHAPTER 157—ADMINISTRATIVE ignation of an isolated area of distress to be ef- ‘‘(1) MAXIMUM AMOUNT.—The amount of a PROVISIONS grant awarded under this section may not ex- fective, the designation shall be supported— ‘‘SUBCHAPTER I—GENERAL PROVISIONS ceed 80 percent of the administrative and plan- ‘‘(A) by the most recent Federal data avail- ning expenses of the local development district ‘‘Sec. able; or receiving the grant. ‘‘15701. Consent of States. ‘‘(B) if no recent Federal data are available, ‘‘15702. Distressed counties and areas. ‘‘(2) MAXIMUM PERIOD FOR STATE AGENCIES.— by the most recent data available through the ‘‘15703. Counties eligible for assistance in more In the case of a State agency certified as a local government of the State in which the isolated than one region. area of distress is located. development district, a grant may not be award- ‘‘15704. Inspector General; records. ed to the agency under this section for more ‘‘15705. Biannual meetings of representatives of ‘‘§ 15703. Counties eligible for assistance in than 3 fiscal years. all Commissions. more than one region ‘‘(3) LOCAL SHARE.—The contributions of a ‘‘15706. Relationship to other laws. ‘‘(a) LIMITATION.—A political subdivision of a local development district for administrative ex- ‘‘SUBCHAPTER II—DESIGNATION OF REGIONS State may not receive assistance under this sub- penses may be in cash or in kind, fairly evalu- title in a fiscal year from more than one Com- ated, including space, equipment, and services. ‘‘15731. Delta Regional Commission. mission. ‘‘15732. Northern Great Plains Regional Commis- ‘‘(c) DUTIES OF LOCAL DEVELOPMENT DIS- ‘‘(b) SELECTION OF COMMISSION.—A political sion. TRICTS.—A local development district shall— subdivision included in the region of more than ‘‘15733. Southeast Crescent Regional Commis- ‘‘(1) operate as a lead organization serving one Commission shall select the Commission sion. multicounty areas in the region at the local with which it will participate by notifying, in ‘‘15734. Southwest Border Regional Commission. level; writing, the Federal Cochairperson and the ap- ‘‘15735. Northern Border Regional Commission. ‘‘(2) assist the Commission in carrying out propriate State member of that Commission. outreach activities for local governments, com- ‘‘SUBCHAPTER III—AUTHORIZATION OF ‘‘(c) CHANGES IN SELECTIONS.—The selection munity development groups, the business com- APPROPRIATIONS of a Commission by a political subdivision shall munity, and the public; ‘‘15751. Authorization of appropriations. apply in the fiscal year in which the selection is ‘‘(3) serve as a liaison between State and local ‘‘SUBCHAPTER I—GENERAL PROVISIONS made, and shall apply in each subsequent fiscal governments, nonprofit organizations (including ‘‘§ 15701. Consent of States year unless the political subdivision, at least 90 community-based groups and educational insti- days before the first day of the fiscal year, noti- ‘‘This subtitle does not require a State to en- tutions), the business community, and citizens; fies the Cochairpersons of another Commission gage in or accept a program under this subtitle and in writing that the political subdivision will par- without its consent. ‘‘(4) assist the individuals and entities de- ticipate in that Commission and also transmits a scribed in paragraph (3) in identifying, assess- ‘‘§ 15702. Distressed counties and areas copy of such notification to the Cochairpersons ing, and facilitating projects and programs to ‘‘(a) DESIGNATIONS.—Not later than 90 days of the Commission in which the political sub- promote the economic development of the region. after the date of enactment of this section, and division is currently participating.

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‘‘(d) INCLUSION OF APPALACHIAN REGIONAL ‘‘(5) LOUISIANA.—The parishes of Acadia, Gillespie, Glasscock, Hidalgo, Hudspeth, Irion, COMMISSION.—In this section, the term ‘Commis- Allen, Ascension, Assumption, Avoyelles, Beau- Jeff Davis, Jim Hogg, Jim Wells, Karnes, Ken- sion’ includes the Appalachian Regional Com- regard, Bienville, Caldwell, Cameron, dall, Kenedy, Kerr, Kimble, Kinney, Kleberg, La mission established under chapter 143. Catahoula, Claiborne, Concordia, E. Baton Salle, Live Oak, Loving, Mason, Maverick, ‘‘§ 15704. Inspector General; records Rouge, DeSoto, E. Carroll, E. Feliciana, Evan- McMullen, Medina, Menard, Midland, Nueces, geline, Franklin, Grant, Iberia, Iberville, Jack- Pecos, Presidio, Reagan, Real, Reeves, San ‘‘(a) APPOINTMENT OF INSPECTOR GENERAL.— There shall be an Inspector General for the son, Jefferson, Jefferson Davis, Lafourche, La- Patricio, Shleicher, Sutton, Starr, Sterling, Commissions appointed in accordance with sec- Salle, Lincoln, Livingston, Madison, More- Terrell, Tom Green Upton, Uvalde, Val Verde, tion 3(a) of the Inspector General Act of 1978 (5 house, Natchitoches, Orleans, Ouachita, Ward, Webb, Willacy, Wilson, Winkler, Zapata, U.S.C. App.). All of the Commissions shall be Plaquemines, Pointe Coupee, Rapides, Red and Zavala in the State of Texas. subject to a single Inspector General. River, Richland, St. Bernard, St. Charles, St. ‘‘§ 15735. Northern Border Regional Commis- ‘‘(b) RECORDS OF A COMMISSION.— Helena, St. James, St. John the Baptist, St. sion Landry, St. Martin, St. Mary, Tangipahoa, ‘‘(1) IN GENERAL.—A Commission shall main- ‘‘The region of the Northern Border Regional Tensas, Union, Vermilion, Washington, Web- tain accurate and complete records of all its Commission shall include the following counties: ster, W. Baton Rouge, W. Carroll, W. Feliciana, transactions and activities. ‘‘(1) MAINE.—The counties of Androscoggin, ‘‘(2) AVAILABILITY.—All records of a Commis- and Winn in the State of Louisiana. Aroostook, Franklin, Hancock, Kennebec, Knox, ‘‘(6) MISSISSIPPI.—The counties of Adams, sion shall be available for audit and examina- Oxford, Penobscot, Piscataquis, Somerset, Amite, Attala, Benton, Bolivar, Carroll, Clai- tion by the Inspector General (including author- Waldo, and Washington in the State of Maine. borne, Coahoma, Copiah, Covington, DeSoto, ized representatives of the Inspector General). ‘‘(2) NEW HAMPSHIRE.—The counties of Car- ‘‘(c) RECORDS OF RECIPIENTS OF COMMISSION Franklin, Grenada, Hinds, Holmes, Humphreys, roll, Coos, Grafton, and Sullivan in the State of ASSISTANCE.— Issaquena, Jasper, Jefferson, Jefferson Davis, New Hampshire. Lafayette, Lawrence, Leflore, Lincoln, Madi- ‘‘(1) IN GENERAL.—A recipient of funds from a ‘‘(3) NEW YORK.—The counties of Cayuga, Commission under this subtitle shall maintain son, Marion, Marshall, Montgomery, Panola, Clinton, Essex, Franklin, Fulton, Hamilton, accurate and complete records of transactions Pike, Quitman, Rankin, Sharkey, Simpson, Herkimer, Jefferson, Lewis, Madison, Oneida, and activities financed with the funds and re- Smith, Sunflower, Tallahatchie, Tate, Tippah, Oswego, Seneca, and St. Lawrence in the State port to the Commission on the transactions and Tunica, Union, Walthall, Warren, Washington, of New York. activities. Wilkinson, Yalobusha, and Yazoo in the State ‘‘(4) VERMONT.—The counties of Caledonia, ‘‘(2) AVAILABILITY.—All records required of Mississippi. Essex, Franklin, Grand Isle, Lamoille, and Orle- under paragraph (1) shall be available for audit ‘‘(7) MISSOURI.—The counties Bollinger, But- ans in the State of Vermont. by the Commission and the Inspector General ler, Cape Girardeau, Carter, Crawford, Dent, ‘‘SUBCHAPTER III—AUTHORIZATION OF (including authorized representatives of the Douglas, Dunklin, Howell, Iron, Madison, Mis- APPROPRIATIONS Commission and the Inspector General). sissippi, New Madrid, Oregon, Ozark, Pemiscott, ‘‘(d) ANNUAL AUDIT.—The Inspector General Perry, Phelps, Reynolds, Ripley, Ste. Genevieve, ‘‘§ 15751. Authorization of appropriations shall audit the activities, transactions, and St. Francois, Scott, Shannon, Stoddard, Texas, ‘‘(a) IN GENERAL.—There is authorized to be records of each Commission on an annual basis. Washington, Wayne, and Wright in the State of appropriated to each Commission to carry out ‘‘§ 15705. Biannual meetings of representatives Missouri. this subtitle— of all Commissions ‘‘(8) TENNESSEE.—The counties of Benton, ‘‘(1) $40,000,000 for fiscal year 2008; Carroll, Chester, Crockett, Decatur, Dyer, Fay- ‘‘(2) $45,000,000 for fiscal year 2009; ‘‘(a) IN GENERAL.—Representatives of each ette, Gibson, Hardeman, Hardin, Haywood, ‘‘(3) $50,000,000 for fiscal year 2010; Commission, the Appalachian Regional Commis- Henderson, Henry, Lake, Lauderdale, McNairy, ‘‘(4) $55,000,000 for fiscal year 2011; and sion, and the Denali Commission shall meet bi- Madison, Obion, Shelby, Tipton, and Weakley ‘‘(5) $60,000,000 for fiscal year 2012. annually to discuss issues confronting regions in the State of Tennessee. ‘‘(b) ADMINISTRATIVE EXPENSES.—Not more suffering from chronic and contiguous distress than 10 percent of the funds made available to and successful strategies for promoting regional ‘‘§ 15732. Northern Great Plains Regional Commission a Commission in a fiscal year under this section development. may be used for administrative expenses.’’. ‘‘(b) CHAIR OF MEETINGS.—The chair of each ‘‘The region of the Northern Great Plains Re- (b) CONFORMING AMENDMENT.—The table of meeting shall rotate among the Commissions, gional Commission shall consist of the following: subtitles for chapter 40, United States Code, is with the Appalachian Regional Commission to ‘‘(1) All counties of the States of Iowa, Min- amended by striking the item relating to subtitle host the first meeting. nesota, Nebraska, North Dakota, and South Da- V and inserting the following: ‘‘§ 15706. Relationship to other laws kota. ‘‘(2) The counties of Andrew, Atchison, Bu- ‘‘V. REGIONAL ECONOMIC AND IN- ‘‘Projects receiving assistance under this sub- chanan, Caldwell, Carroll, Chariton, Clay, Clin- FRASTRUCTURE DEVELOPMENT 15101 title shall be treated in the manner provided in ton, Cooper, Daviess, DeKalb, Gentry, Grundy, ‘‘VI. MISCELLANEOUS ...... 17101’’. section 602 of the Public Works and Economic Harrison, Holt, Howard, Jackson, Linn, Living- SEC. 4. CONFORMING AMENDMENTS. Development Act of 1965 (42 U.S.C. 3212). ston, Mercer, Nodaway, Platte, Putnam, (a) REPEALS.—Subtitles F and G of the Con- ‘‘SUBCHAPTER II—DESIGNATION OF Schuyler, Sullivan, and Worth in the State of solidated Farm and Rural Development Act (7 REGIONS Missouri. U.S.C. 2009aa–2009bb–13) are repealed. ‘‘§ 15731. Delta Regional Commission ‘‘§ 15733. Southeast Crescent Regional Com- (b) INSPECTOR GENERAL ACT.—Section 11 of ‘‘The region of the Delta Regional Commission mission the Inspector General Act of 1978 (5 U.S.C. shall consist of the following political subdivi- App.) is amended— ‘‘The region of the Southeast Crescent Re- (1) in paragraph (1) by striking ‘‘or the Presi- sions: gional Commission shall consist of all counties ‘‘(1) ALABAMA.—The counties of Barbour, dent of the Export-Import Bank;’’ and inserting of the States of Virginia, North Carolina, South Bullock, Butler, Choctaw, Clarke, Conecuh, ‘‘the President of the Export-Import Bank; or Carolina, Georgia, Alabama, Mississippi, and Dallas, Escambia, Greene, Hale, Lowndes, the Federal Cochairpersons of the Commissions Florida not already served by the Appalachian Macon, Marengo, Monroe, Perry, Pickens, Rus- established under section 15301 of title 40, Regional Commission or the Delta Regional sell, Sumter, Washington, and Wilcox in the United States Code;’’; and Commission. State of Alabama. (2) in paragraph (2) by striking ‘‘or the Ex- ‘‘(2) ARKANSAS.—The counties of Arkansas, ‘‘§ 15734. Southwest Border Regional Commis- port-Import Bank,’’ and inserting ‘‘the Export- Ashley, Baxter, Bradley, Calhoun, Chicot, Clay, sion Import Bank, or the Commissions established Cleveland, Craighead, Crittenden, Cross, Dallas, ‘‘The region of the Southwest Border Regional under section 15301 of title 40, United States Desha, Drew, Fulton, Grant, Greene, Independ- Commission shall consist of the following polit- Code,’’. ence, Izard, Jackson, Jefferson, Lawrence, Lee, ical subdivisions: SEC. 5. TRANSFERS OF AUTHORITY AND SAVINGS Lincoln, Lonoke, Marion, Mississippi, Monroe, ‘‘(1) ARIZONA.—The counties of Cochise, Gila, PROVISIONS. Ouachita, Phillips, Poinsett, Prairie, Pulaski, Graham, Greenlee, La Paz, Maricopa, Pima, (a) TRANSFERS OF AUTHORITY.—Subject to the Randolph, St. Francis, Searcy, Sharp, Stone, Pinal, Santa Cruz, and Yuma in the State of Ar- requirements of this Act (including the amend- Union, Van Buren, White, and Woodruff in the izona. ments made by this Act)— State of Arkansas. ‘‘(2) CALIFORNIA.—The counties of Imperial, (1) all of the functions of the Delta Regional ‘‘(3) ILLINOIS.—The counties of Alexander, Los Angeles, Orange, Riverside, San Authority are transferred to the Delta Regional Franklin, Gallatin, Hamilton, Hardin, Jackson, Bernardino, San Diego, and Ventura in the Commission; and Johnson, Massac, Perry, Pope, Pulaski, Ran- State of California. (2) all of the functions of the Northern Great dolph, Saline, Union, White, and Williamson in ‘‘(3) NEW MEXICO.—The counties of Catron, Plains Regional Authority are transferred to the the State of Illinois. Chaves, Dona Ana, Eddy, Grant, Hidalgo, Lin- Northern Great Plains Regional Commission. ‘‘(4) KENTUCKY.—The counties of Ballard, coln, Luna, Otero, Sierra, and Socorro in the (b) LEGAL DOCUMENTS.—All orders, deter- Caldwell, Calloway, Carlisle, Christian, State of New Mexico. minations, rules, regulations, grants, loans, con- Crittenden, Fulton, Graves, Henderson, Hick- ‘‘(4) TEXAS.—The counties of Atascosa, tracts, and agreements— man, Hopkins, Livingston, Lyon, Marshall, Bandera, Bee, Bexar, Brewster, Brooks, Cam- (1) that have been issued, made, granted, or McCracken, McLean, Muhlenberg, Todd, Trigg, eron, Coke, Concho, Crane, Crockett, Culberson, allowed to become effective by the Delta Re- Union, and Webster in the State of Kentucky. Dimmit, Duval, Ector, Edwards, El Paso, Frio, gional Authority or the Northern Great Plains

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A04OC7.032 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11280 CONGRESSIONAL RECORD — HOUSE October 4, 2007 Regional Authority in the performance of any difficulties as well and also with their souri to the Northern Great Plains Re- function that is transferred by this section, and need for surface transportation devel- gional Commission and for working (2) that are in effect on the effective date of opment. That is the principle that is with other members of the committee such transfer (or become effective after such to add their counties to the bill as well. date pursuant to their terms as in effect on such extended to the three new commis- effective date), sions, the Southeast Crescent, the I appreciate it very much. The Northern Great Plains Regional shall continue in effect according to their terms Southwest Border and the Northern until modified, terminated, superseded, set Border Commission. Commission borders my district in the aside, or revoked in accordance with law by an The Delta Regional Commission is north and the west. The counties added authorized official, a court of competent juris- one that has unique problems, exacer- by this bill are contiguous to the coun- diction, or operation of law. bated and at the same time under- ties in the commission. Additionally, (c) TRANSFER OF ASSETS AND PERSONNEL.— scored by the tragedy of Hurricanes these northwest Missouri counties are (1) DELTA REGIONAL COMMISSION.—There shall Katrina, Rita and Wilma. All of the experiencing problems similar to the be transferred to the Delta Regional Commission counties in the commission already, such assets, funds, personnel, records, and other counties, or I should say most of the property of the Delta Regional Authority relat- counties, and parishes in Louisiana, in yet they have higher levels of eco- ing to the functions of the Authority as the that region suffered common economic nomic distress. Commission determines appropriate. problems. Creating an economic devel- The Northern Great Plains Regional (2) NORTHERN GREAT PLAINS REGIONAL COM- opment structure on a regional basis Commission will set the stage for eco- MISSION.—There shall be transferred to the will join the resources and the forces of nomic growth by creating an effective Northern Great Plains Regional Commission these States, the counties and the par- Federal-State partnership for attract- such assets, funds, personnel, records, and other ishes, to bring forth new ideas that will ing new businesses, creating new jobs property of the Northern Great Plains Regional benefit not just one community, not and developing the infrastructure in Authority as the Commission determines appro- northwest Missouri. The commission priate. just one parish, but a commonality of parishes, a commonality of counties will encourage local economic develop- SEC. 6. EFFECTIVE DATE. ment by making use of local resources This Act, and the amendments made by this and a commonality of the States. Act, shall take effect on the first day of the first In this legislation, we establish a for the benefit of the community. The fiscal year beginning after the date of enact- structure, a common framework for ad- commission is designed to successfully ment of this Act. ministration and management modeled leverage other public and private The SPEAKER pro tempore. The gen- after the Appalachian Regional Com- funds, providing northwest Missouri tleman from Minnesota (Mr. OBERSTAR) mission but also modeled after the dif- with a very valuable economic develop- and the gentleman from Missouri (Mr. ficulties we experienced in previous re- ment tool. Economic development plays a very GRAVES) each will control 30 minutes. gional economic development commis- The Chair recognizes the gentleman sions in the sixties and seventies and vital role in maintaining our rural way from Minnesota. early eighties. We need standard proce- of life by keeping folks in those com- Mr. OBERSTAR. Thank you, Mr. dures. We need a voting structure. We munities and keeping that culture alive. A major component to economic Speaker. need standard procedures for staffing, development is the build-out of The Regional Economic and Infra- standards that establish conditions broadband services throughout many structure Development Act of 2007 re- under which conflicts of interest can be regions in the country. authorizes two existing commissions evaluated and avoided. Commonality and establishes three new commissions. establishment of local economic devel- b 1230 The two existing commissions, one, the opment districts, a consistent method No matter where you live, broadband Delta Regional Commission, was cre- for distributing economic development can bring a world of opportunities and ated through the appropriation proc- funds, a uniform set of procedures that possibilities to your doorstep. It is im- ess, and the Northern Great Plains Re- will apply to all of the commission, perative to our rural way of life that gional Commission was established and, finally, with commonality then we we push broadband out to every corner some time ago, but we establish three can have uniform evaluation standards of the country. Where you live should new regional economic development of the results of these commissions. not limit your opportunities for edu- commissions: The Southeast Crescent And it will be the purpose of our Com- cation, commerce, and medical care. Regional Commission, the Southwest mittee on Transportation and Infra- Many citizens in rural America’s Border Regional Commission, and the structure to hold intensive oversight small communities do not have Northern Border Regional Commission. hearings as these commissions get broadband access at a reasonable cost. The purpose of the regional commis- under way with their work, they are It should be available to everyone no sion approach to economic develop- funded, and we will want to hold them matter where they live at a reasonable ment is a recognition that economic accountable, we will want to see their rate. Through this legislation and difficulties don’t stop at political di- record of success, and I am quite con- other efforts that my colleagues and I viding lines, county lines, State lines, fident, given the grassroots-up nature have taken on, grants will be available that they transcend our political of establishment of planning and mis- to further establish an infrastructure boundaries, that the economic develop- sion of these commissions, that there that can support this important tool to ment problems are grouped by region. will be great success stories. rural economic development. By economy, if you will. Mr. Speaker, I reserve the balance of Additionally, I must commend two Some years ago, we had the Upper my time. members of the Committee on Trans- Great Lakes Regional Commission Mr. GRAVES. Mr. Speaker, I would portation and Infrastructure, Mr. linking the upper peninsula of Michi- yield myself such time as I may con- HAYES and Mr. BOUSTANY, who have gan, the upper counties of Wisconsin sume. been tireless advocates for their dis- and the northern tier of Minnesota. Mr. Speaker, the Regional Economic tricts. I would like to recognize Mr. They had in common forestry, wood, and Infrastructure Development Act of HAYES for his dedication to stimu- wood fiber industries, fisheries, travel/ 2007 reauthorizes two economic devel- lating economic development and job tourism and Great Lakes ports con- opment commissions, the Delta Re- promotion in the State of North Caro- nected to the international economy gional Commission and the Northern lina and leading efforts to create the through the St. Lawrence Seaway. Great Plains Regional Commission. Southeast Crescent Authority. Projects conceived by the Upper Great The bill also creates three new com- Additionally, he has championed ef- Lakes Commission were to be linked to missions, the Southeast Crescent Re- forts to recruit new industry and cre- the commonality of regional economic gional Commission, the Southwest Bor- ate new jobs while sharpening the com- difficulties the three States experi- der Regional Commission and the petitive proficiency of existing indus- enced. The same with Appalachia coal; Northern Border Regional Commission. tries in the Eighth Congressional Dis- the attendant difficulties of the coal First, I want to thank Chairman trict of North Carolina. sector of our economy stretched across OBERSTAR and Subcommittee Chair- Mr. BOUSTANY has also worked tire- State boundaries and linked the entire woman NORTON for working with me to lessly to promote development and cre- Appalachian region with their forestry add several counties in northwest Mis- ate opportunities for communities in

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.032 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11281 his district and has been a leader on portation, health care, agriculture, distressed in our country, and recovery the issue for the entire State of Lou- broadband, and alternative energy. It has been slow. I want to emphasize, isiana. can be a partner with businesses to though, that the people of southwest Again, thank you, Chairman OBER- maintain our industry and build a new Louisiana are resilient, and we will re- STAR and Chairwoman NORTON for industry cluster. It can help us create build and, in fact, we are rebuilding. working with Members and working jobs in the long term. This legislation will provide them with with me to bring this legislation to the We have all the ingredients we need just yet another tool to facilitate floor. to face our challenges head-on and growth and return to economic pros- Mr. Speaker, I know we have a few make our region an economic engine. perity in the region. speakers out there, so I will cut mine This new commission will help us make I urge my colleagues to support this short. the fundamental changes for our fu- bill. Again, I thank Chairman OBER- Mr. Speaker, I reserve the balance of ture. STAR, the Democratic staff, Chairman my time. I want to once again thank the chair- GRAVES, Chairman MICA and our staff. Mr. OBERSTAR. Mr. Speaker, I yield man and chairwoman for all their hard I want to thank also my legislative di- such time as she may consume to the work on this bill. This bill is a new way rector, Terry Fisk, for working with very distinguished Chair of our Sub- to look at economic development in me on this very important piece of leg- committee on Economic Development our Nation. islation. and other subject matters, the gentle- So with that, hopefully our col- Mr. OBERSTAR. Mr. Speaker, I also woman from the District of Columbia leagues will pass this bill. want to express my great appreciation who presided over the hearings and Mr. GRAVES. Mr. Speaker, I now to the gentleman from Missouri (Mr. whose steady hands shaped this legisla- yield to the gentleman from Louisiana GRAVES) and admiration for the time tion. I am greatly appreciative of her (Mr. BOUSTANY). He has worked tire- that he devoted personally and com- splendid work. lessly for his district. And since, not so mitted to the hearings, both in the Ms. NORTON. I thank the chairman much Hurricane Katrina, but Hurri- past Congress and in this Congress, and for yielding. I understand the gentleman from cane Rita, which devastated his dis- for his consolidation of the interests of Maine, who is a major sponsor of this trict, he has been working very hard to the various Members on the Republican bill, has a hearing. In deference to him, bring some economic development to side. We really developed a very strong I will wait until after he finishes and his district. bipartisan initiative as a result of the yield my time at this time to him, if it I yield such time as he may consume gentleman’s diligent efforts. is all right with the chairman. for his remarks. And to the gentleman from Louisiana Mr. OBERSTAR. I will then yield Mr. BOUSTANY. Mr. Speaker, I (Mr. BOUSTANY), who also worked with- such time as he may consume to the thank my colleague and friend, Mr. in the Louisiana and Mississippi dele- gentleman from Maine. GRAVES, for yielding time to me. gations, did extraordinary yeoman’s Mr. MICHAUD. I thank the gentle- Mr. Speaker, I rise in support of this work bringing disparate issues, inter- woman and the gentleman for yielding. bill. H.R. 3246 reauthorizes the Delta ests and personalities together which The Regional Economic and Infra- Regional Authority, which works to have resulted in this successful initia- structure Development Act of 2007 rep- improve the life for residents in some tive we have today. resents a vision for economic develop- of the most economically distressed I now yield such time as she may ment in our Nation that will help areas in our country. Those parishes consume to the gentlewoman from the Americans in the most distressed re- and counties served by the DRA have District of Columbia. gions of our country. per capita incomes at or far below the Ms. NORTON. Mr. Speaker, I echo In the northern border region, we are national average, and poverty in the the comments of our chairman, espe- seeing clearly persistent patterns of region runs nearly 55 percent higher cially as regards our ranking member, economic distress. If you look at the 36 than the national rate. Mr. GRAVES, who worked closely with counties that lie on the border or right Since being created, DRA has worked me on this bill to ensure its profoundly next to the border between Maine and to improve the economy in the delta bipartisan nature as counties, regard- New York, you will find poverty above and allowed these residents to achieve less of part of the country, regardless the national average, medium house- parity with the rest of the country. of who represents them, were selected hold income that is more than $6,500 The key to DRA’s success is its ability based on very objective and competi- below the national average, persistent to foster partnerships throughout the tive criteria. I appreciate the bipar- unemployment through layoffs in tra- region and to collaborate with local de- tisan support that he helped round up ditional manufacturing industries, and velopment districts and other Federal and the bipartisan support of so many most striking of all, a meager gain of and State agencies to ensure maximum Members of Congress. only 0.6 percent in population between benefit from the dollars invested. I’m going to ask that my full state- 1990 and 2000, compared to the 13 per- In fact, in an article published last ment be in the RECORD, and say only a cent growth nationally over the same year, the Economist noted: ‘‘It is cre- few words, first about the chairman. It period. ating, or helping to retain, 36,000 jobs, needs to be mentioned where this all In short, Mr. Speaker, our mills are mostly in manufacturing, which will started. It started with the extraor- closing, our young people are leaving, generate $1 billion in salaries. It has dinary chairman of the full committee and too many of our workers are look- also helped 23,000 families get running decades ago, when he created the no- ing for work. Clearly, this region has a water and sewage.’’ tion of a bill to address the most im- common set of challenges and a com- In the aftermath, Mr. Speaker, of poverished sections of the country, be- pelling need for investment in new Hurricanes Rita and Katrina, the DRA ginning with, of course, the classic one growth. took a leadership role in working to that everyone knows, Appalachia. All Two days after I was elected to Con- address many of the recovery issues we’re doing here is expanding on Mr. gress, the very mill that I worked at facing our State of Louisiana. OBERSTAR’s work. for over 28 years went bankrupt, and I want to thank Chairman OBERSTAR, I must say, so much that has hap- my hometown and region were dev- my good friend, and the leadership of pened in our committee is emblematic astated. The story of my town and the the Transportation and Infrastructure of his career. It will be hard to say mill that I worked at has been repeated Committee, the staff, subcommittee what his signature bill is; but knowing across our region. That is why we need Chairman GRAVES, my good friend, for him, I think he would probably want to support our regional industries and working with me to ensure that several this bill to rise up among them because build new job opportunities, and that is of the parishes in my district that were of who benefits, those who have least why we need the investment, leader- hit hardest by Hurricane Rita are in- benefited from the most prosperous ship and focus in our regional economic cluded in the DRA. economy the world has ever known. development bill. Data provided by the Department of This bill is back here by popular de- The Northern Border Commission Commerce shows that these parishes mand, and I use that in the technical would help the region invest in trans- are now among the most economically sense of the word. The subcommittee

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.039 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11282 CONGRESSIONAL RECORD — HOUSE October 4, 2007 was besieged by Members saying, We has natural disasters at a rate of two I would like to say of few words about the want commissions, How come we don’t or three times the rest of the country. uniqueness of each of the new commissions have a commission, and then coming Finally, Mr. Speaker, I want to say being authorized by this bill. The Southwest forward with statistics to show that, that, of all of the aspects of this bill, I border region includes all counties within 150 under the definition of persistent pov- think that which has been embraced miles of the U.S.-Mexico border. This region erty, they now qualified. It wasn’t easy most by our committee is the record of contains 11 counties in New Mexico, 65 coun- to get a commission or to get in this private investment in the region once ties in Texas, 10 counties in Arizona, and 7 bill, with one of the counties included we designate a commission and once it counties in California for a combined popu- in this bill. We held hearings, and we begins to operate. lation of approximately 29 million. According to used very objective criteria that you b 1245 research compiled by the Interagency Task had to fit in order for us, after the Force on the Economic Development of the It really does tell us much about the hearings, after full study to say, yes, Southwest Border: 20 percent of the residents ‘‘blessing of the Federal Government’’ that county, among many in the in this region of the nation live below the pov- and the methodology used by this com- United States that are suffering today, erty level, unemployment rates often reach as mission. It tells us much about the rep- should have the special attention of a high as five times the national unemployment utation of what these commissions regional commission. rate, and a lack of adequate access to capital have done. And we think, Mr. Speaker, that as has created economic disparities and made it the global economy has expanded I have been in Congress 16 years. I have seldom sat in hearings where peo- difficult for businesses to start up in the re- throughout our country because of all gion. the pressures, the natural pressures ple came forward not with criticisms that come from that and from inter- but with glowing examples of how a The Northern border region stretching from national trade, many came forward and specific approach to poverty in our Maine to New York, while abundant in natural wanted to be included as part of these country works. I therefore strongly resources and rich in potential, lags behind commissions. But we held to the cri- recommend the bill. I commend all of much of the Nation in its economic growth, teria set when the Oberstar bill was those, of whom there are dozens, who and its people have not shared properly in the first passed: there had to be systemic had a hand in its design. Nation’s prosperity. The region’s historic reli- poverty. And the region or the county, Mr. Speaker, H.R. 3246 amends title 40, ance on a few basic industries and agriculture in order to be included, had to be clear- United States Code, to provide a comprehen- has failed to provide a diverse enough eco- ly underdeveloped relative to what was sive regional approach to economic and infra- nomic base for vigorous, self-sustaining possible. And so you had only two com- structure development in the most severly growth. In the belt of counties along the North- missions, and then you have three economically distressed regions in the Nation. ern border from Maine through New York, added now. H.R. 3246 the Regional Economic and Infra- 12.5 percent of the population lives in poverty, When it comes to poverty, there is al- structure Development Act of 2007, authorizes median household income is more than ways controversy about what works. two existing comissions and three new re- $6,500 below the national average, unemploy- And this time we really know what gional economic development commissions ment through layoffs in traditional manufac- works because this bill is patterned on under a common framework of administration turing industries is persistent, and the popu- the very successful, indeed the ac- and management, and further provides a lation only grew by 0.6 percent between 1990 claimed, Appalachian Regional Com- framework for good decision making and plan- and 2000, while the U.S. population rose by mission. And the bill itself simply ning. These Commissions are designed to ad- 13.2 percent, showing significant out migration wants to make sure that administra- dress problems of systemic poverty and and loss of young people. underdevelopment in their respective regions. tive procedures and methods for dis- The southeastern portion of the United The five commissions are: the Delta Regional tributing the economic development States, encompassing the states of Virgina, Commission, the Northern Great Plains Re- funds are uniform. When you consider North Carolina, South Carolina, Georgia, Ala- gional Commission, the Southeast Crescent that most of the funds that will flow to bama, Mississippi, and Florida, is an area Regional Commission, the Southwest Border these regions far and away are private which has seen poverty rates well above the Regional Commission, and the Northern Bor- funds, one has to really look at this national average coupled with record unem- der Regional Commission. bill as a small public investment for ployment. The region has also experienced enormous returns in private attraction This bill models the administrative and man- agement procedures for these five Comissions natural disasters at a rate of two to three and investment. times greater than any other region of the U.S. Mr. Speaker, I want to say just a after the highly successful Appalachian Re- The SouthEast Crescent Authority (SECA) au- word to extricate ourselves from the gional Commission. The bill provides for a vot- thorizes a local-state-federal partnership to lift stereotypes about certain regions, like ing structure, provisions regarding staffing, citizens in this geographic area out of poverty the northern border region which conflicts of interest, local development dis- and create jobs. With the federal allocation of stretches from Maine to New York. tricts, and other matters designed to produce funding, SECA seeks to funnel monies to pro- We’re talking about a region that some a standard administrative framework. By pro- grams which address one or more of the fol- might consider in light of large cities viding a uniform set of procedures, this bill lowing criteria for community betterment: (1) in the region; but if you look as the provides a consistent method for distributing infrastructure, (2) education and job training, commission methodology looks at economic development funds throughout the (3) health care, (4) entrepreneurship, and (5) counties in the region, you will under- regions most in need of such assistance and leadership development. Those communities stand why the northern border quali- ensures a comprehensive regional approach with the greatest need will be targeted, and fies: few basic industries, overdepend- to economic and infrastructure development in grants will be made according to the degree of ence in today’s economy on agri- the most severely distressed regions in the distress. culture, and 12.5 percent of the popu- country. lation living in poverty. The Northern Border Regional Commission, This bill has broad bi-partisan support, and Or take the southeastern region of the Southeast Crescent Regional Commission, the Committee has held a series of hearings the United States, the Sunbelt, which and the Southwest Border Regional Commis- regarding the need for these economic devel- everyone associates with economic sion have been proposed in legislation intro- opment commissions. growth, and well you might. But these duced in this and previous Congresses and I support the bill and urge the passage of are also the States which have histori- are designed to address problems of systemic H.R. 3246. cally most lagged behind the national poverty and underdevelopment in those re- economy. gions. Additional, the Delta Regional Commis- Mr. OBERSTAR. Mr. Speaker, I yield And so we have regions in Virginia, sion and the Northern Great Plains Commis- 3 minutes to the distinguished gen- North Carolina, South Carolina, Geor- sion would be reauthorized through this legis- tleman from North Carolina (Mr. MCIN- gia, Alabama, Mississippi, and Florida. lation. TYRE), a strong advocate for this legis- And the reason we have them, of H.R. 3246 authorizes funds for each com- lation. course, is that on top of industrial and mission to provide vital assistance for the de- Mr. MCINTYRE. Mr. Speaker, I rise technological underdevelopment, this velopment of our Nation’s most chronically today in support of the Regional Eco- is the region in the United States that poor and distressed regions. nomic and Infrastructure Development

VerDate Aug 31 2005 02:36 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.041 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11283 Act which provides a comprehensive re- It is time indeed to change the pat- going to be a partner, not an impedi- gional approach to economic and infra- tern of poverty and unemployment in ment, to the goals, the aspirations, and structure development in the most se- the southeastern United States, the the accomplishments of people back verely economically distressed part of only major region of the country that home. This bill is really about hope for our Nation. has never had this type of Federal the future. It is about confidence that This bill includes legislation that I focus on economic development. We are local people in those counties in have introduced in every Congress excited that we are now able to help Vermont can make the best decision since the 107th Congress that will es- the least of these, our brothers and sis- for themselves, and it is about Con- tablish the Southeast Crescent Author- ters, who have suffered enough and suf- gress finally working as a partner with ity for Economic Development. This fered so much. Now we can help bolster our local communities and local lead- authority would cover the south- a better opportunity for economic ership. eastern portion of the United States, progress and possibility. May God bless Mr. OBERSTAR. I yield 2 minutes to including the States of Virginia, North our efforts to help those who have suf- the distinguished gentleman from New Carolina, South Carolina, Georgia, Ala- fered so much and now can see a life- Hampshire (Mr. HODES), who has, Mr. bama, Mississippi and Florida, which changing difference in economic oppor- Speaker, been a tireless advocate. He have all seen poverty rates well above tunity. has worn me out, frankly, advocating the national average coupled with Mr. OBERSTAR. Mr. Speaker, may I for this commission. record unemployment. inquire how much time is remaining. I would like to thank Chairman Mr. HODES. I thank the gentleman The SPEAKER pro tempore. The gen- for yielding. OBERSTAR and the ranking member, 1 tleman from Minnesota has 10 ⁄2 min- First, I thank the distinguished Mr. MICA, as well as the Transpor- utes. The gentleman from Missouri has tation and Infrastructure Sub- chairman, Mr. OBERSTAR, and the dis- 24 minutes. tinguished subcommittee chairwoman, committee on Economic Development Mr. OBERSTAR. Mr. Speaker, I yield Ms. Eleanor Holmes Norton, as well as Chairwoman ELEANOR HOLMES NORTON 2 minutes to the distinguished gen- and the ranking member, Mr. GRAVES, Mr. GRAVES for their work on this im- tleman from Vermont (Mr. WELCH ) and portant bill. Mr. MICHAUD and Mr. HAYES and my I yield myself 15 seconds to explain Mr. Speaker, I rise today to urge my other colleagues who together have that, through a clerical error, unfortu- worked with us in trying to help the colleagues on both sides of the aisle to nately, I regret and I apologize to the most economically disadvantaged support this bill which includes the gentleman, his name was not included areas of our country. It is their com- Northern Border Regional Develop- in the cosponsors of the reintroduced passion, cooperation and commitment ment Commission. Parts of my home bill or bill reported from the Rules that has brought us here today. I ap- State of New Hampshire, Grafton, Sul- Committee. I just want it known that plaud all those who have worked to- livan and Carroll Counties, and espe- the gentleman has, from the outset, gether to help our areas of the country cially in Coos County, the beautiful re- been a vigorous supporter of this legis- that have suffered so much. The south- gion known as the North Country, have lation. His name should have been list- eastern U.S. has suffered a double taken an economic beating and are ed as a cosponsor. whammy, the highest levels of poverty Mr. WELCH of Vermont. I thank the struggling to recover. A staggering coupled with the highest levels of un- gentleman from Minnesota for his lead- number of jobs have been lost. We have employment over the last several ership. I thank the Chair of the sub- seen manufacturing plants close, pulp years. plants disappear, and our young people committee, Ms. HOLMES NORTON, and I As a Member that represents a dis- leave to places that offer more oppor- thank Mr. GRAVES for his good work. trict from one of the southern States tunity. that has experienced stagnation in job Mr. Speaker, this commission is going to be very helpful to Vermont. New Hampshire’s North Country has growth, I have seen firsthand the re- suffered repeated economic body blows. structuring of the South’s economy. We have in the northern tier of Vermont six counties, Caledonia, For people who live there, it is getting Jobs in textile and furniture-making harder and harder to get by. As I travel have decreased substantially. Although Grand Isle, Lamoille, Franklin, Orleans and Essex. It is among the most beau- throughout my State, I speak to hard- a more high-tech and globally competi- working folks who have the drive to tive economy has created new opportu- tiful parts of Vermont. It has among the most industrious people in improve their neighborhood but who nities for employment in the South, it feel their communities have been ig- also has meant that we have lost many Vermont. But it has the highest unem- ployment rate and the lowest wages, nored by the Federal Government for jobs held by employees who have few years. The commissions created in this prospects for shifting to other jobs about $10,000 below the national me- dian. We want economic development bill would be charged with investing with comparable pay. In addition, the Federal resources for economic devel- seven States of the Southeast Crescent in our northern counties. This legisla- tion is going to give that impetus that opment and job creation in the most Authority region also have experienced distressed counties in New Hampshire natural disasters at a rate of two to is going to allow our regional economic and the ice belt region. I use the word three times greater than any other re- commissions that have been providing ‘‘invest’’ purposely. New Hampshire is gion in the United States, and this vul- excellent leadership but on threadbare a very frugal State. We believe in nerability to natural disasters further resources the opportunity to use local small, effective Government. But we exacerbates the ability to recover from decisionmaking, local ingenuity and also know that a wise, effective Fed- economic distress. local people committed to a prosperous Modeled primarily after the success- economy in that region to get a leg up. eral Government honors local control ful Appalachian Regional Commission, What is tremendous about this legis- and invests wisely to promote oppor- the Southeast Crescent Authority lation, modeled after its predecessors, tunity and prosperity. would enjoin a local, State and Federal is that it is a bottom-up approach. So This commission employs a bottom- partnership to lift our citizens out of if we have a proposal from folks in Cal- up grassroots approach that ensures poverty and give them job opportunity. edonia County that broadband penetra- that actions reflect both local needs The Southeast Crescent Authority tion is going to be what they need, or and regional economic development would help communities by doing sev- if we have folks in Franklin County goals. It also ensures that States have eral things: improving infrastructure, who are going to do an agriculture-to- a deciding voice in what investment is giving the opportunity for education energy-related project, or something made within their borders. The bill and job training, better health care, with dairy and that is what they need, says that if you are willing to work business entrepreneurship and leader- they are going to have the opportunity hard and play by the rules, we are here ship development. What is great about for that to become a reality. to help you get ahead. That is why this this opportunity, Mr. Speaker, is that This is a situation where we actually bill enjoys such bipartisan support. It those areas in the greatest need will be have bottom-up leadership integrated is an important step for many commu- targeted. Those with the greatest need into this legislation where the Federal nities in New Hampshire. of economic distress will be helped. Government here in Washington is Mr. Speaker, I urge its passage.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.043 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11284 CONGRESSIONAL RECORD — HOUSE October 4, 2007 Mr. OBERSTAR. I yield 2 minutes to mittee’s tremendous work and the proposals, we adhered to a very strict the distinguished gentleman from work of Chairman OBERSTAR for the principle, that is, the additions had to Texas (Mr. HINOJOSA). leadership and vision that he has pro- conform with unemployment rate sig- Mr. HINOJOSA. Thank you, Chair- vided, along with Chairman REYES. nificantly above national average, per man OBERSTAR, for yielding time. This bill creates the Southwest Bor- capita income rates that were signifi- Mr. Speaker, I rise today in support der Region Commission and will posi- cantly below national average rates, of H.R. 3246, the Regional Economic tively impact the State of Texas. Elev- and out-migrations. In all cases, the and Development Act of 2007. en out of the 12 counties that I rep- counties recommended by the gen- The U.S.-Mexico border region’s eco- resent will be impacted in a positive tleman from Missouri, the parishes by nomic challenges are deeply en- way. These counties are struggling the gentleman from Louisiana, and the trenched and have been overlooked by with common infrastructure needs that gentleman from Mississippi all con- national policymakers for far too long. inhibit the community’s ability to in- formed when we got updated census in- Throughout my district, low incomes crease economic development. Some of formation. and high unemployment have trans- these communities on the U.S.-Mexico Mr. Speaker, I think we have here a lated into a stagnant and depressed border can be identified as colonias. As splendid structure, one in which we can local marketplace. Many colonias you know, colonias are found in Texas, achieve accountability, one in which along the border lack adequate water New Mexico Arizona, and California, there already is success. In a report the supplies and paved roads while a short- all States that will benefit from the es- committee received just this morning age of investment and development has tablishment of the Southwest Border from the Delta Regional Commission limited the economic opportunities of Regional Commission. on cumulative projects over the last residents throughout that region. These colonias many times do not year, the leveraging ratio is 16 to 1. In addition to current challenges, the have paved roads, hospitals, or even That is for every $1 the commission in- border region’s population is expanding utilities. Many colonias do not have vested in projects within the region, very rapidly and straining our local in- sewage systems, forcing residents to $16 additional in private sector and frastructure. Historically, Congress has rely on often inadequate wastewater non-Federal funds have been invested. confronted regional economic chal- disposal methods, such as small and That is an extraordinary success ratio, lenges by creating multi-State develop- outdated septic tanks. These condi- and we want to ensure that that suc- ment commissions designed to coordi- tions often result in sewage pooling on cess will continue and will be extended nate local resources and encourage co- the ground. Even if these colonias do to all of the commissions. operation between Federal, State and have adequate sewage systems, the bor- Mr. Speaker, I yield back the balance local governments. der area lacks sufficient facilities to of my time and ask for a resounding af- The Southwest Regional Border Com- treat wastewater in this area. firmative vote for this legislation. mission included within this bill would Mr. Speaker, again, this Southwest The SPEAKER pro tempore (Mr. represent a significant commitment by Border Commission will provide the re- SERRANO). All time for debate has ex- Congress to developing the economy of sources to help colonias and other un- pired. the Southwest. Because the challenges derdeveloped regions to adequately ad- Pursuant to House Resolution 704, of this region cannot be isolated in any dress needs to be solved. By the estab- the previous question is ordered on the one city, county or State, the commis- lishment of this commission, this will bill, as amended. sion will work to stimulate the en- address the basic needs that are needed The question is on the engrossment tirety of the area’s economy by recog- in these areas. This is why I am asking and third reading of the bill. nizing the connections between local the Members to support this bill. The bill was ordered to be engrossed economies and by coordinating the ef- Mr. GRAVES. Mr. Speaker, I yield and read a third time, and was read the forts of local officials. myself such time as I may consume. third time. By facilitating the provision of Mr. Speaker, we have heard now from MOTION TO RECOMMIT OFFERED BY MR. JORDAN grants to States, local governments, folks talking about Louisiana, Maine, OF OHIO universities, small businesses, and non- New Hampshire, Vermont, myself from Mr. JORDAN of Ohio. Mr. Speaker, I profit entities, the commission will Missouri; and I think folks can see that offer a motion to recommit. plant the seeds of future economic we have a lot of areas in the United The SPEAKER pro tempore. Is the growth throughout the region. States that are very economically dis- gentleman opposed to the bill? By expanding the transportation, tressed, and for various reasons. Every Mr. JORDAN of Ohio. I am in its cur- public health facilities, wastewater one of those regions, and, traditionally rent form. treatment plants and telecommuni- the Appalachia region, are distressed The SPEAKER pro tempore. The cations networks, these grants will for different reasons. This bill allows Clerk will report the motion to recom- provide the border region with the in- these commissions to leverage public mit. frastructure it needs to meet its cur- and private dollars. It is a great part- The Clerk read as follows: rent needs while preparing for the nership. Mr. Jordan of Ohio moves to recommit the strain of an expanding population. Mr. Speaker, again, I want to thank bill H.R. 3246 to the Committee on Transpor- Mr. Speaker, at a time when the the chairman for allowing me to add tation and Infrastructure with instructions mounting pressures of the global econ- counties in northwest Missouri. It is to report the same back to the House omy and income disparities are causing very important to the folks there. I promptly with the following amendment: At the end of the bill, add the following: great economic distress in the border know he has been working on various SEC. 7. LIMITATION ON THE USE OF FUNDS. region, the Southwest Regional Border aspects of these commissions for a long, long time. I appreciate his exper- None of the funds authorized by this Act, Authority has never been more needed. including the amendments made by this Act, I urge my colleagues to support this tise and his willingness to be very open may be used— critical legislation, H.R. 3246. in this process and work with us. (1) to lobby or retain a lobbyist for the pur- Mr. OBERSTAR. Mr. Speaker, does Mr. Speaker, I yield back the balance pose of influencing a Federal, State, or local the gentleman from Missouri have any of my time. governmental entity or officer; or further speakers besides himself? Mr. OBERSTAR. Mr. Speaker, I yield (2) to pay for expenses related to the mem- Mr. GRAVES. I don’t. Just my own myself the balance of my time. bership of any individual or entity in an or- ganization or association. final words before the chairman closes. Mr. Speaker, again, I express my Mr. OBERSTAR. Mr. Speaker, I yield great appreciation to Mr. MICA, the The SPEAKER pro tempore. Pursu- 2 minutes to the gentleman from Texas ranking member of the full committee, ant to the rule, the gentleman from (Mr. CUELLAR). and especially to Mr. GRAVES, who de- Ohio is recognized for 5 minutes in sup- voted so much time to the hearings, to port of his motion. b 1300 the diligent effort within the com- Mr. JORDAN of Ohio. Mr. Speaker, I Mr. CUELLAR. I want to thank the mittee of shaping and crafting this bill. appreciate the work of the chairman of distinguished Member from Minnesota In the matter of adding counties that the committee and the ranking mem- for yielding. Again, I applaud the com- were not in the original commissions’ ber. The motion to recommit that we

VerDate Aug 31 2005 02:36 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.044 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11285 have in front of us is an insurance pol- ployed by the commission in either the First, I thank the committee for the inclusion icy. It will guarantee that no funds in Federal co-chairman’s office or the of this region in the bill. I am proud to rep- the bill go to lobbyists or lobbying ac- State co-chairman’s office, and estab- resent this region, home to one of the most vi- tivities. This motion, in other words, is lish very clear obligations for reporting brant communities. Where the United States a step towards breaking that link be- and excluding of such activity. Fur- and Mexico meet, it is a symbiotic community. tween legislation and lobbyists. thermore, under general Federal legis- For cities in my district, there is often a divi- Mr. Speaker, H.R. 3246, as we have lation, lobbying by a Federal Govern- sion. heard from the language here on the ment agency of the Congress is not per- Many times on this house floor, the debate floor today, is intended to aid the eco- mitted. of the border is divisive and based on dema- nomic and infrastructure development So this is a non sequitur motion. It goguery. There is no room for those issues in in economically distressed regions of does not accomplish anything except today’s debate. This commission is about in- the country. Taxpayer dollars should the purpose of sending the bill back to vesting in U.S. citizens that live in a unique be used for that purpose, and that pur- committee and, in effect, killing it by community, a community that is the gateway pose only. delay. Again, I repeat, there was no op- to our country. The motion does two things: first, it position registered. When the Com- For as much as this Congress debates and prevents any of the funds authorized by mittee on Transportation and Infra- exploits immigration and constantly works to this bill from being used to lobby or re- structure considered this bill in sub- militarize our border, we could spare some tain a lobbyist for the purposes of in- committee, in full committee markup, time to discuss needed investment in the re- fluencing a Federal, State or local gov- when it came to the floor under suspen- gion. ernment entity or officer. Second, the sion of the rules, nor was there any op- The residents of the southwest border are motion prohibits funds to pay for ex- position today, why there would be a burdened with concerns that include low in- penses related to the membership of an motion of this nature to kill the bill is come, low education levels, the lowest number individual or entity in an organization beyond me. of health professionals, some of the highest or association. Furthermore, there are restraints, rates of diabetes, tuberculosis, AIDS and other Mr. Speaker, the majority promised very explicit language on personal fi- health crises, a lack of economic develop- in its opening-day rules package, sec- nancial interest, conflict of interest ment, and the list goes on. tion 202 of H. Res. 6, to end the K not allowed; and, in general, Federal The southwest border communities are at Street Project. This motion to recom- law, Federal agencies are prohibited the periphery of the United States and Mexi- mit is policy that all Members should from retaining a lobbyist, to pay ex- co’s national economic and political concerns. support. In fact, when this same lan- penses for lobbying. The U.S. Government has historically forgot- guage was offered to H.R. 569, the Mr. Speaker, this is a transparent ef- ten this community in terms of economic de- Water Quality Investment Act, it was fort to try to kill the bill rather than velopment, education and social programs. The Southwest Border Regional Commis- approved by a 425–0 vote. That same deal with it on its merits. So I oppose sion takes a great step to correct this mis- act came out of this same committee, the motion to recommit with instruc- guided omission. It is our responsibility to as- and the full House in unanimous fash- tions. sist our border communities and our border ion supported this same language. Mr. MCHUGH. Mr. Speaker, I rise today in Again, Mr. Speaker, this motion to strong support of H.R. 3246, the Regional residents. I urge my colleagues to support this bill and recommit is an opportunity to improve Economic and Infrastructure Development Act reject any attempts to further exploit the citi- the bill by adding explicit language to of 2007. As a cosponsor of this legislation, I zens who are at the gateway of this country make sure that taxpayer dollars are was disappointed when the full House failed to and who sacrifice so much already to the de- used for their intended purpose. adopt a motion to suspend the rules and pass mands of our border security. Mr. Speaker, I would yield back the H.R. 3246 on September 17. That said, I am Mr. ORTIZ. Mr. Speaker, I’m proud to be a balance of my time. pleased that the House is reconsidering the cosponsor of this bill to provide a comprehen- Mr. OBERSTAR. Mr. Speaker, I rise bill today. sive, regional approach to economic and infra- in opposition to the motion to recom- As I have previously stated, H.R. 3246 is structure development in areas that need it the mit. important to my constituents in Northern and most, including South Texas. The SPEAKER pro tempore. The gen- Central New York because it would create the The Southwest Regional Border Authority tleman from Minnesota is recognized Northern Border Regional Commission to help helps areas along the U.S.-Mexican border, for 5 minutes. further economic development. There is no which have: a 20 percent poverty rate, unem- Mr. OBERSTAR. Mr. Speaker, it is question this assistance is needed. Specifi- ployment rates much higher than the national well known, has been debated many cally, in 2000, each of the counties I rep- rate, and a lack of capital to spur business times in this body, that a motion to re- resent—Clinton, Essex, Franklin, Fulton, Ham- growth. commit that uses the term ‘‘promptly’’ ilton, Jefferson, Lewis, Madison, Oneida, This bill offers a significant investment for is simply a motion to kill the bill by Oswego, and St. Lawrence—had a median federal-state partnerships to help economically sending it back to committee, where it household income that was below the national distressed and underdeveloped areas that will take weeks to then return it to the median of $41,994. Moreover, seven of these have experienced high levels of unemploy- House floor. Why an initiative to try to counties had poverty rates in excess of the ment, poverty, or population loss. kill this legislation would be offered is national rate of 12.4 percent, and three, The bill provides an unprecedented amount puzzling to me, since there was no op- Franklin, Oswego and St. Lawrence counties, of money to develop transportation and infra- position to the legislation in sub- had poverty rates in excess of 14 percent. structure, provide job skills training and sup- committee, full committee. Similarly, from 2004 to 2006, 8 of these coun- port business development. Mr. Speaker, two weeks ago when the ties had unemployment rates in excess of the I am personally offended—as are my con- bill was debated on the suspension cal- national average. stituents in South Texas—that the only infra- endar, no one rose in opposition to the I greatly appreciate the efforts of the Gen- structure Congress has approved along the bill. There was no opposition raised to tleman from Maine, Mr. MICHAUD, to move this border is a wall . . . a wall that won’t work the legislation this afternoon. So the measure one step closer to enactment. Since and that is entirely about political expediency, motion to recommit on the merits of the 108th Congress, we have been working to not border security. the term ‘‘promptly’’ is clearly an ef- enact legislation to create a Northern Border Developing the South Texas infrastructure fort to send it back to committee, kill Regional Commission, and I look forward to helps ensure that this region can support the the bill. working with him further to do so. trade that churns through the U.S. economy. But I point out, since the gentleman Mr. GRIJALVA. Mr. Speaker, I rise today in South Texas faces a host of challenges in offering the motion referred to initia- support of H.R. 3246, the Regional Economic terms of economic development and infra- tives by the Democratic majority to and Infrastructure Development Act of 2007. structure to support trade all along the South- have accountability, on page 17 of the This bill acknowledges a critical component west border—and the only way to tackle it is bill, section 15–306, Personal Financial of our country’s success, and creates the all together, not piecemeal. Interests, conflicts of interest, we ad- Southwest Border Regional Commission for I ask my colleagues to join me in passing dress the issue of personal conflict of border counties in Arizona, California, New this bill that is important to both the border re- interest, of integrity of personnel em- Mexico and Texas. gion—and the Nation.

VerDate Aug 31 2005 02:36 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K04OC7.047 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11286 CONGRESSIONAL RECORD — HOUSE October 4, 2007 Mr. TERRY. Mr. Speaker, I rise today in op- There was no objection. Berry Hinchey Pallone Bishop (GA) Hinojosa Pascrell position to this legislation and urge my col- The SPEAKER pro tempore. The Bishop (NY) Hirono Pastor leagues to oppose it. question is on the motion to recommit. Blumenauer Hodes Payne I am a strong supporter of economic devel- The question was taken; and the Boren Holden Peterson (MN) opment in rural America. That is why I have Speaker pro tempore announced that Boswell Holt Pomeroy been pressing for reform of the Universal Boucher Honda Price (NC) the ayes appeared to have it. Boustany Hooley Rahall Service Fund to bring the benefits of Mr. JORDAN of Ohio. Mr. Speaker, Boyd (FL) Hoyer Rangel broadband telecommunications to the rural on that I demand the yeas and nays. Boyda (KS) Inslee Reyes Brady (PA) Israel areas of the country. I also strongly support The yeas and nays were ordered. Richardson the programs of the U.S. Department of Agri- Braley (IA) Jackson (IL) Rodriguez The SPEAKER pro tempore. Pursu- Brown, Corrine Jackson-Lee culture and our State Department of Agri- Ross ant to clause 9 of rule XX, the Chair Butterfield (TX) Rothman culture that promote economic growth in Ne- Capps Jefferson will reduce to 5 minutes the minimum Roybal-Allard braska. Capuano Johnson (GA) Ruppersberger But, Mr. Speaker, I cannot support this bill. time for any electronic vote on the Cardoza Johnson (IL) Rush Carnahan Johnson, E. B. The State of Nebraska already participates in question of passage. Ryan (OH) The vote was taken by electronic de- Carney Jones (OH) Salazar the existing Northern Great Plains Commis- Castor Kagen Sa´ nchez, Linda sion and the North Central BioEconomic Con- vice, and there were—yeas 201, nays Chandler Kanjorski T. 218, not voting 13, as follows: Clarke Kaptur Sanchez, Loretta sortium. I am told by Nebraska’s Deputy Di- Clay Kennedy rector of Agriculture that there are even more [Roll No. 945] Sarbanes Cleaver Kildee Schakowsky of these organizations in the Midwest dedi- YEAS—201 Clyburn Kilpatrick Schiff Cohen Kind cated to the same goals. H.R. 3246 would just Aderholt Gallegly Murphy, Tim Schwartz Conyers Klein (FL) Akin Garrett (NJ) Musgrave Scott (GA) add one more entity to this existing number of Cooper Kucinich Alexander Gerlach Myrick Scott (VA) economic development groups now in place. Costa Langevin Altmire Giffords Neugebauer Serrano Even more troubling is the $1.25 billion Costello Lantos Bachmann Gilchrest Nunes Sestak Courtney Larsen (WA) price tag authorized by the bill and the cre- Bachus Gillibrand Paul Shea-Porter Cramer Larson (CT) ation of permanent regional commissions that Baker Gingrey Pearce Sherman Crowley LaTourette Barrow Gohmert Pence Shuler will require millions of dollars in tax dollars for Cuellar Levin Bartlett (MD) Goode Peterson (PA) Sires administrative expenses. We need to cut fed- Cummings Lewis (GA) Barton (TX) Goodlatte Petri Skelton Davis (AL) Lipinski eral spending, not increase it. Biggert Granger Pitts Slaughter Davis (CA) Loebsack Finally, the legislation also includes a provi- Bilbray Hall (TX) Platts Smith (WA) Davis (IL) Lofgren, Zoe Bilirakis Hastert Poe sion requiring prevailing wages under the Davis, Lincoln Lowey Snyder Bishop (UT) Hastings (WA) Porter Davis-Bacon Act. For all of these reasons, I DeFazio Lynch Solis Blackburn Hayes Price (GA) DeGette Maloney (NY) Spratt urge a ‘‘no’’ vote on this bill. Blunt Heller Putnam DeLauro Markey Stark Mr. RODRIGUEZ. Mr. Speaker, I rise today Boehner Hensarling Radanovich Dicks Matheson Stupak Bonner Herger Ramstad in strong support of H.R. 3246, the Regional Doggett Matsui Sutton Bono Hill Regula Economic and Infrastructure Development Act Donnelly McCarthy (NY) Tanner Boozman Hobson Rehberg Doyle McCollum (MN) Tauscher of 2007. Brady (TX) Hoekstra Reichert Edwards McDermott Taylor This bill provides the opportunity for many Broun (GA) Hulshof Renzi Ellison McGovern Thompson (CA) Brown (SC) Hunter Reynolds communities along the border to receive the Ellsworth McIntyre Thompson (MS) Brown-Waite, Inglis (SC) Rogers (AL) assistance and resources they have long Emanuel McNulty Tierney Ginny Issa Rogers (KY) Engel Meek (FL) Towns needed in order for them to develop their in- Buchanan Johnson, Sam Rogers (MI) Eshoo Meeks (NY) Udall (CO) frastructure and economic prospects. Burgess Jones (NC) Rohrabacher Etheridge Melancon Udall (NM) Burton (IN) Jordan Ros-Lehtinen Mr. Speaker, I represent an expansive dis- Farr Michaud Van Hollen Buyer Keller Roskam trict spanning from El Paso County in far west Fattah Miller (NC) Vela´ zquez Calvert King (IA) Royce Filner Miller, George Walz (MN) Texas, to Dimmitt County about 550 miles Camp (MI) King (NY) Ryan (WI) Frank (MA) Mollohan Wasserman south and to South San Antonio about 150 Campbell (CA) Kingston Sali Gonzalez Moore (KS) Schultz Cannon Kirk Saxton miles west. This district encompasses the Gordon Moore (WI) Waters Cantor Kline (MN) Schmidt longest stretch of U.S.-Mexico border of any Graves Moran (VA) Watson Capito Knollenberg Sensenbrenner Green, Al Murphy (CT) Watt district in the United States. Carter Kuhl (NY) Sessions Green, Gene Murphy, Patrick Waxman These communities along the border lack Castle LaHood Shadegg Grijalva Murtha Weiner some of the most basic infrastructure including Chabot Lamborn Shays Gutierrez Nadler Welch (VT) Coble Lampson Shimkus sewers, roads and health care. These mostly Hall (NY) Napolitano Wexler Cole (OK) Latham Shuster rural communities along the border are often Hare Neal (MA) Wilson (OH) Conaway Lewis (CA) Simpson Harman Oberstar Woolsey too poor to take advantage of government Crenshaw Lewis (KY) Smith (NE) Hastings (FL) Obey Wu Culberson Linder Smith (NJ) grants and loan programs. These cities, towns Herseth Sandlin Olver Wynn Davis (KY) LoBiondo Smith (TX) and counties don’t have the revenue to pro- Higgins Ortiz Yarmuth vide local matching funds to qualify for federal Davis, David Lucas Souder Davis, Tom Lungren, Daniel Space NOT VOTING—13 grants and programs or have the tax base to Deal (GA) E. Stearns build million-dollar waste water plants on their Dent Mack Tancredo Barrett (SC) Dingell Pryce (OH) own. Diaz-Balart, L. Mahoney (FL) Terry Carson Jindal Sullivan A regional economic development commis- Diaz-Balart, M. Manzullo Thornberry Cubin Lee Visclosky Doolittle Marchant Tiahrt Davis, Jo Ann Perlmutter sion on the southwest border, I believe will put Drake Marshall Tiberi Delahunt Pickering the hundreds of small, rural border commu- Dreier McCarthy (CA) Turner nities on the fast track to becoming self-sus- Duncan McCaul (TX) Upton Ehlers McCotter Walberg b 1337 taining and developing economically. Emerson McCrery Walden (OR) Mr. Speaker, a Southwest Border Regional English (PA) McHenry Walsh (NY) Mr. KAGEN, Mr. COOPER, Mrs. Commission would essentially bring the fed- Everett McHugh Wamp BOYDA of Kansas, Ms. WOOLSEY and eral government to the border. This bill will not Fallin McKeon Weldon (FL) Mr. MEEK of Florida changed their Feeney McMorris Weller vote from ‘‘yea’’ to ‘‘nay.’’ raise taxes, will not create duplicative pro- Ferguson Rodgers Westmoreland grams and certainly not provide any services Flake McNerney Whitfield Messrs. PAUL, HASTERT, FORBES, to illegal or undocumented immigrants; this bill Forbes Mica Wicker MAHONEY of Florida and Mrs. DRAKE instead provides opportunity for our commu- Fortenberry Miller (FL) Wilson (NM) Fossella Miller (MI) Wilson (SC) changed their vote from ‘‘nay’’ to nities that are most in need. Foxx Miller, Gary Wolf ‘‘yea.’’ I strongly urge my colleagues to pass this Franks (AZ) Mitchell Young (AK) So the motion to recommit was re- bipartisan bill. Frelinghuysen Moran (KS) Young (FL) Mr. OBERSTAR. I yield back the bal- jected. NAYS—218 ance of my time. The result of the vote was announced The SPEAKER pro tempore. Without Abercrombie Arcuri Bean as above recorded. Ackerman Baca Becerra objection, the previous question is or- Allen Baird Berkley The SPEAKER pro tempore. The dered on the motion to recommit. Andrews Baldwin Berman question is on the passage of the bill.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.036 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11287 The question was taken; and the Udall (NM) Waters Wexler H.R. 3222. An act making appropriations Van Hollen Watson Wilson (OH) for the Department of Defense for the fiscal Speaker pro tempore announced that Vela´ zquez Watt Woolsey the ayes appeared to have it. year ending September 30, 2008, and for other Walsh (NY) Waxman Wu purposes. Mr. COSTELLO. Mr. Speaker, on Walz (MN) Weiner Wynn that I demand the yeas and nays. Wasserman Welch (VT) Yarmuth The message also announced that the Schultz Weller Young (AK) Senate insists upon its amendment to The yeas and nays were ordered. the bill (H.R. 3222) ‘‘An Act making ap- The SPEAKER pro tempore. This NAYS—154 Akin Gohmert Paul propriations for the Department of De- will be a 5-minute vote. fense for the fiscal year ending Sep- The vote was taken by electronic de- Bachmann Goode Pearce Bartlett (MD) Goodlatte Pence tember 30, 2008, and for other pur- vice, and there were—yeas 264, nays Barton (TX) Granger Petri poses,’’ requests a conference with the 154, not voting 14, as follows: Biggert Hall (TX) Pitts Bilbray Hastert House on the disagreeing votes of the [Roll No. 946] Platts Bilirakis Hastings (WA) Poe two Houses thereon, and appoints Mr. YEAS—264 Bishop (UT) Heller Porter INOUYE, Mr. BYRD, Mr. LEAHY, Mr. HAR- Blunt Hensarling Abercrombie Price (GA) KIN, Mr. DORGAN, Mr. DURBIN, Mrs. Ferguson Meeks (NY) Boehner Herger Ackerman Putnam Filner Melancon Bonner Hobson FEINSTEIN, Ms. MIKULSKI, Mr. KOHL, Aderholt Radanovich Fortenberry Michaud Bono Hoekstra Mrs. MURRAY, Mr. STEVENS, Mr. COCH- Alexander Ramstad Frank (MA) Miller (NC) Brady (TX) Hulshof Allen Regula RAN, Mr. SPECTER, Mr. DOMENICI, Mr. Gerlach Miller, George Broun (GA) Hunter Altmire Reichert BOND, Mr. MCCONNELL, Mr. SHELBY, Mr. Giffords Mitchell Brown (SC) Inglis (SC) Andrews Gilchrest Mollohan Brown-Waite, Issa Rogers (KY) GREGG, and Mrs. HUTCHISON, to be the Arcuri Gillibrand Moore (KS) Ginny Johnson, Sam Rogers (MI) conferees on the part of the Senate. Baca Gonzalez Moore (WI) Burgess Jordan Rohrabacher The message also announced that the Bachus Gordon Moran (VA) Burton (IN) Keller Ros-Lehtinen Baird Senate has agreed to a concurrent reso- Graves Murphy (CT) Buyer King (IA) Roskam Baker Green, Al Murphy, Patrick Calvert King (NY) Royce lution of the following title in which Baldwin Green, Gene Murphy, Tim Camp (MI) Kingston Ryan (WI) the concurrence of the House is re- Barrow Grijalva Murtha Campbell (CA) Kirk Sali Bean quested: Gutierrez Myrick Cannon Kline (MN) Saxton Becerra S. Con. Res. 49. Concurrent resolution pro- Hall (NY) Nadler Cantor Knollenberg Schmidt Berkley Hare Napolitano Carter LaHood Sensenbrenner viding for a conditional adjournment or re- Berman Harman Neal (MA) Castle Lamborn Sessions cess of the Senate. Berry Hastings (FL) Oberstar Chabot Latham Shadegg Bishop (GA) f Hayes Obey Cole (OK) Lewis (CA) Bishop (NY) Shays Herseth Sandlin Olver Conaway Lewis (KY) PROVIDING FOR A CONDITIONAL Blackburn Shuster Higgins Ortiz Crenshaw Linder Blumenauer Simpson ADJOURNMENT OR RECESS OF Hill Pallone Culberson LoBiondo Boozman Smith (NE) Hinchey Pascrell Davis (KY) Lucas THE SENATE Boren Souder Hinojosa Pastor Davis, David Lungren, Daniel Boswell Stearns The SPEAKER pro tempore. The Hirono Payne Davis, Tom E. Boucher Tancredo Chair lays before the House a privi- Hodes Peterson (MN) Deal (GA) Mack Boustany Terry Holden Peterson (PA) Diaz-Balart, L. Manzullo leged Senate concurrent resolution. Boyd (FL) Thornberry Holt Pomeroy Diaz-Balart, M. Marchant The Clerk read the Senate concur- Boyda (KS) Tiahrt Honda Price (NC) Doolittle McCarthy (CA) Brady (PA) rent resolution, as follows: Hooley Rahall Dreier McCaul (TX) Tiberi Braley (IA) S. CON. RES. 49 Hoyer Rangel Duncan McCotter Turner Brown, Corrine Inslee Rehberg Ehlers McHenry Upton Resolved by the Senate (the House of Rep- Buchanan Israel Renzi Everett McKeon Walberg resentatives concurring), That when the Sen- Butterfield Jackson (IL) Reyes Fallin McMorris Walden (OR) ate recesses or adjourns on Thursday, Octo- Capito Jackson-Lee Reynolds Flake Rodgers Wamp Capps ber 4, 2007, or Friday, October 5, 2007, on a (TX) Richardson Forbes Mica Weldon (FL) Capuano motion offered pursuant to this concurrent Jefferson Rodriguez Fossella Miller (FL) Westmoreland Cardoza resolution by its Majority Leader or his des- Johnson (GA) Rogers (AL) Foxx Miller (MI) Whitfield Carnahan Johnson (IL) Ross Franks (AZ) Miller, Gary Wicker ignee, it stand recessed or adjourned until 12 Carney Johnson, E. B. Rothman Frelinghuysen Moran (KS) Wilson (NM) noon on Monday, October 15, 2007, or such Castor Jones (NC) Roybal-Allard Gallegly Musgrave Wilson (SC) other time on that day as may be specified Chandler Jones (OH) Ruppersberger Garrett (NJ) Neugebauer Wolf by its Majority Leader or his designee in the Clarke Kagen Rush Gingrey Nunes Young (FL) motion to recess or adjourn, or until the Clay Kanjorski Ryan (OH) time of any reassembly pursuant to section 2 Cleaver Kaptur Salazar NOT VOTING—14 Clyburn Kennedy Sa´ nchez, Linda of this concurrent resolution, whichever oc- Barrett (SC) Dingell Pickering Coble Kildee T. curs first. Carson Feeney Cohen Kilpatrick Sanchez, Loretta Pryce (OH) SEC. 2. The Majority Leader of the Senate, Cubin Jindal Conyers Kind Sarbanes Sullivan after consultation with the Minority Leader Davis, Jo Ann Lee Cooper Klein (FL) Schakowsky Visclosky Delahunt Perlmutter of the Senate, shall notify the Members of Costa Kucinich Schiff the Senate to reassemble at such place and Costello Kuhl (NY) Schwartz ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE time as he may designate if, in his opinion, Courtney Lampson Scott (GA) Cramer Langevin Scott (VA) The SPEAKER pro tempore (during the public interest shall warrant it. Crowley Lantos Serrano the vote). Members are advised there The Senate concurrent resolution Cuellar Larsen (WA) Sestak are 2 minutes remaining in this vote. was concurred in. Cummings Larson (CT) Shea-Porter A motion to reconsider was laid on Davis (AL) LaTourette Sherman b 1346 Davis (CA) Levin Shimkus the table. Davis (IL) Lewis (GA) Shuler Mrs. DRAKE changed her vote from f Davis, Lincoln Lipinski Sires ‘‘nay’’ to ‘‘yea.’’ DeFazio Loebsack Skelton MORTGAGE FORGIVENESS DEBT So the bill was passed. DeGette Lofgren, Zoe Slaughter RELIEF ACT OF 2007 DeLauro Lowey Smith (NJ) The result of the vote was announced Dent Lynch Smith (TX) as above recorded. Mr. RANGEL. Mr. Speaker, pursuant Dicks Mahoney (FL) Smith (WA) A motion to reconsider was laid on to House Resolution 703, I call up the Doggett Maloney (NY) Snyder bill (H.R. 3648) to amend the Internal Donnelly Markey Solis the table. Doyle Marshall Space Revenue Code of 1986 to exclude dis- Drake Matheson Spratt f charges of indebtedness on principal Edwards Matsui Stark FURTHER MESSAGE FROM THE residences from gross income, and for Ellison McCarthy (NY) Stupak other purposes, and ask for its imme- Ellsworth McCollum (MN) Sutton SENATE Emanuel McCrery Tanner diate consideration in the House. Emerson McDermott Tauscher A further message from the Senate The Clerk read the title of the bill. Engel McGovern Taylor by Ms. Curtis, one of its clerks, an- The text of the bill is as follows: English (PA) McHugh Thompson (CA) nounced that the Senate has passed H.R. 3648 Eshoo McIntyre Thompson (MS) with an amendment in which the con- Etheridge McNerney Tierney Be it enacted by the Senate and House of Rep- Farr McNulty Towns currence of the House is requested, a resentatives of the United States of America in Fattah Meek (FL) Udall (CO) bill of the House of the following title: Congress assembled,

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.050 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11288 CONGRESSIONAL RECORD — HOUSE October 4, 2007 SECTION 1. DISCHARGES OF INDEBTEDNESS ON ‘‘(ii) At all times during such taxable year, amendment in the nature of a sub- PRINCIPAL RESIDENCE EXCLUDED 80 percent or more of the total square foot- stitute printed in the bill, modified by FROM GROSS INCOME. age of the corporation’s property is used or (a) IN GENERAL.—Paragraph (1) of section the amendment printed in House Re- available for use by the tenant-stockholders port 110–360, is adopted and the bill, as 108(a) of the Internal Revenue Code of 1986 is for residential purposes or purposes ancillary amended by striking ‘‘or’’ at the end of sub- to such residential use. amended, is considered read. paragraph (C), by striking the period at the ‘‘(iii) 90 percent or more of the expendi- The text of the bill, as amended, is as end of subparagraph (D) and inserting ‘‘, or’’, tures of the corporation paid or incurred dur- follows: and by inserting after subparagraph (D) the ing such taxable year are paid or incurred for H.R. 3648 following new subparagraph: the acquisition, construction, management, Be it enacted by the Senate and House of Rep- ‘‘(E) the indebtedness discharged is quali- maintenance, or care of the corporation’s resentatives of the United States of America in fied principal residence indebtedness.’’. property for the benefit of the tenant-stock- Congress assembled, (b) SPECIAL RULES RELATING TO QUALIFIED holders.’’. SECTION 1. SHORT TITLE. PRINCIPAL RESIDENCE INDEBTEDNESS.—Sec- (b) EFFECTIVE DATE.—The amendment tion 108 of such Code is amended by adding This Act may be cited as the ‘‘Mortgage For- made by this section shall apply to taxable giveness Debt Relief Act of 2007’’. at the end the following new subsection: years ending after the date of the enactment SEC. 2. DISCHARGES OF INDEBTEDNESS ON PRIN- ‘‘(h) SPECIAL RULES RELATING TO QUALIFIED of this Act. PRINCIPAL RESIDENCE INDEBTEDNESS.— CIPAL RESIDENCE EXCLUDED FROM SEC. 4. GAIN FROM SALE OF PRINCIPAL RESI- GROSS INCOME. ‘‘(1) BASIS REDUCTION.—The amount ex- DENCE ALLOCATED TO NON- (a) IN GENERAL.—Paragraph (1) of section cluded from gross income by reason of sub- QUALIFIED USE NOT EXCLUDED section (a)(1)(E) shall be applied to reduce 108(a) of the Internal Revenue Code of 1986 is FROM INCOME. amended by striking ‘‘or’’ at the end of subpara- (but not below zero) the basis of the prin- (a) IN GENERAL.—Subsection (b) of section cipal residence of the taxpayer. graph (C), by striking the period at the end of 121 of the Internal Revenue Code of 1986 (re- subparagraph (D) and inserting ‘‘, or’’, and by ‘‘(2) QUALIFIED PRINCIPAL RESIDENCE IN- lating to limitations) is amended by adding inserting after subparagraph (D) the following DEBTEDNESS.—For purposes of this section, at the end the following new paragraph: the term ‘qualified principal residence in- new subparagraph: ‘‘(4) EXCLUSION OF GAIN ALLOCATED TO NON- ‘‘(E) the indebtedness discharged is qualified debtedness’ means acquisition indebtedness QUALIFIED USE.— principal residence indebtedness.’’. (within the meaning of section 163(h)(3)(B), ‘‘(A) IN GENERAL.—Subsection (a) shall not (b) SPECIAL RULES RELATING TO QUALIFIED without regard to clause (ii) thereof) with re- apply to so much of the gain from the sale or PRINCIPAL RESIDENCE INDEBTEDNESS.—Section spect to the principal residence of the tax- exchange of property as is allocated to peri- 108 of such Code is amended by adding at the payer. ods of nonqualified use. end the following new subsection: ‘‘(3) EXCEPTION FOR DISCHARGES ON ACCOUNT ‘‘(B) GAIN ALLOCATED TO PERIODS OF NON- ‘‘(h) SPECIAL RULES RELATING TO QUALIFIED OF SERVICES PERFORMED FOR THE LENDER.— QUALIFIED USE.—For purposes of subpara- PRINCIPAL RESIDENCE INDEBTEDNESS.— Subsection (a)(1)(E) shall not apply to the graph (A), gain shall be allocated to periods ‘‘(1) BASIS REDUCTION.—The amount excluded discharge of a loan if the discharge is on ac- of nonqualified use based on the ratio from gross income by reason of subsection count of services performed for the lender. which— (a)(1)(E) shall be applied to reduce (but not ‘‘(4) PRINCIPAL RESIDENCE.—For purposes of ‘‘(i) the aggregate periods of nonqualified below zero) the basis of the principal residence this subsection, the term ‘principal resi- use during the period such property was of the taxpayer. dence’ has the same meaning as when used in owned by the taxpayer, bears to ‘‘(2) QUALIFIED PRINCIPAL RESIDENCE INDEBT- section 121.’’. ‘‘(ii) the period such property was owned EDNESS.—For purposes of this section, the term (c) COORDINATION.— by the taxpayer. ‘qualified principal residence indebtedness’ (1) Subparagraph (A) of section 108(a)(2) of ‘‘(C) PERIOD OF NONQUALIFIED USE.—For means acquisition indebtedness (within the such Code is amended by striking ‘‘and (D)’’ purposes of this paragraph— meaning of section 163(h)(3)(B), ‘‘applied by and inserting ‘‘, (D), and (E)’’. ‘‘(i) IN GENERAL.—The term ‘period of non- substituting $2,000,000 ($1,000,000’ for ‘$1,000,000 (2) Paragraph (2) of section 108(a) of such qualified use’ means any period (other than ($500,000’ in clause (ii) thereof’’ with respect to Code is amended by adding at the end the the portion of any period preceding January the principal residence of the taxpayer. following new subparagraph: 1, 2008) during which the property is not used ‘‘(3) EXCEPTION FOR CERTAIN DISCHARGES NOT ‘‘(C) PRINCIPAL RESIDENCE EXCLUSION TAKES as the principal residence of the taxpayer or RELATED TO TAXPAYER’S FINANCIAL CONDITION.— PRECEDENCE OVER INSOLVENCY EXCLUSION UN- the taxpayer’s spouse or former spouse. Subsection (a)(1)(E) shall not apply to the dis- LESS ELECTED OTHERWISE.—Paragraph (1)(B) ‘‘(ii) EXCEPTIONS.—The term ‘period of non- charge of a loan if the discharge is on account shall not apply to a discharge to which para- qualified use’ does not include— of services performed for the lender or any other graph (1)(E) applies unless the taxpayer ‘‘(I) any portion of the 5-year period de- factor not directly related to a decline in the elects to apply paragraph (1)(B) in lieu of scribed in subsection (a) which is after the value of the residence or to the financial condi- paragraph (1)(E).’’. last date that such property is used as the tion of the taxpayer. (d) EFFECTIVE DATE.—The amendments principal residence of the taxpayer or the ‘‘(4) ORDERING RULE.—If any loan is dis- made by this section shall apply to dis- taxpayer’s spouse, charged, in whole or in part, and only a portion charges of indebtedness on or after January ‘‘(II) any period (not to exceed an aggre- of such loan is qualified principal residence in- 1, 2007. gate period of 10 years) during which the tax- debtedness, subsection (a)(1)(E) shall apply only SEC. 2. LONG-TERM EXTENSION OF DEDUCTION payer or the taxpayer’s spouse is serving on to so much of the amount discharged as exceeds FOR MORTGAGE INSURANCE PRE- qualified official extended duty (as defined in the amount of the loan (as determined imme- MIUMS. subsection (d)(9)(C)) described in clause (i), diately before such discharge) which is not (a) IN GENERAL.—Subparagraph (E) of sec- (ii), or (iii) of subsection (d)(9)(A), and qualified principal residence indebtedness. tion 163(h)(3) of the Internal Revenue Code of ‘‘(III) any other period of temporary ab- ‘‘(5) PRINCIPAL RESIDENCE.—For purposes of 1986 (relating to mortgage insurance pre- sence (not to exceed an aggregate period of 2 this subsection, the term ‘principal residence’ miums treated as interest) is amended by years) due to change of employment, health has the same meaning as when used in section striking clauses (iii) and (iv) and inserting conditions, or such other unforeseen cir- 121.’’. the following new clause: cumstances as may be specified by the Sec- (c) COORDINATION.— ‘‘(iii) APPLICATION.—Clause (i) shall not retary. (1) Subparagraph (A) of section 108(a)(2) of apply with respect to any mortgage insur- ‘‘(D) COORDINATION WITH RECOGNITION OF such Code is amended by striking ‘‘and (D)’’ ance contract issued before January 1, 2007, GAIN ATTRIBUTABLE TO DEPRECIATION.—For and inserting ‘‘(D), and (E)’’. or after December 31, 2014.’’. purposes of this paragraph— (2) Paragraph (2) of section 108(a) of such (b) EFFECTIVE DATE.—The amendment ‘‘(i) subparagraph (A) shall be applied after Code is amended by adding at the end the fol- made by subsection (a) shall apply to con- the application of subsection (d)(6), and lowing new subparagraph: tracts issued after December 31, 2006. ‘‘(ii) subparagraph (B) shall be applied ‘‘(C) PRINCIPAL RESIDENCE EXCLUSION TAKES SEC. 3. ALTERNATIVE TESTS FOR QUALIFYING AS without regard to any gain to which sub- PRECEDENCE OVER INSOLVENCY EXCLUSION UN- COOPERATIVE HOUSING CORPORA- section (d)(6) applies.’’. LESS ELECTED OTHERWISE.—Paragraph (1)(B) TION. (b) EFFECTIVE DATE.—The amendment shall not apply to a discharge to which para- (a) IN GENERAL.—Subparagraph (D) of sec- made by this section shall apply to sales and graph (1)(E) applies unless the taxpayer elects tion 216(b)(1) of the Internal Revenue Code of exchanges after December 31, 2007. to apply paragraph (1)(B) in lieu of paragraph 1986 (defining cooperative housing corpora- (1)(E).’’. tion) is amended to read as follows: SEC. 5. TIME FOR PAYMENT OF CORPORATE ESTI- MATED TAXES. (d) EFFECTIVE DATE.—The amendments made ‘‘(D) meeting 1 or more of the following re- Subparagraph (B) of section 401(1) of the by this section shall apply to discharges of in- quirements for the taxable year in which the Tax Increase Prevention and Reconciliation debtedness on or after January 1, 2007. taxes and interest described in subsection (a) Act of 2005 is amended by striking ‘‘114.75 SEC. 3. LONG-TERM EXTENSION OF DEDUCTION are paid or incurred: percent’’ and inserting ‘‘116.50 percent’’. FOR MORTGAGE INSURANCE PRE- ‘‘(i) 80 percent or more of the corporation’s MIUMS. gross income for such taxable year is derived The SPEAKER pro tempore. Pursu- (a) IN GENERAL.—Subparagraph (E) of section from tenant-stockholders. ant to House Resolution 703, the 163(h)(3) of the Internal Revenue Code of 1986

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\A04OC7.044 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11289 (relating to mortgage insurance premiums treat- ‘‘(D) COORDINATION WITH RECOGNITION OF There was no objection. ed as interest) is amended by striking clauses GAIN ATTRIBUTABLE TO DEPRECIATION.—For pur- Mr. MCCRERY. Mr. Speaker, I rise in (iii) and (iv) and inserting the following new poses of this paragraph— support of this legislation, though not clause: ‘‘(i) subparagraph (A) shall be applied after without some reservations. I share the ‘‘(iii) APPLICATION.—Clause (i) shall not apply the application of subsection (d)(6), and with respect to any mortgage insurance contract ‘‘(ii) subparagraph (B) shall be applied with- concern of my chairman and my col- issued before January 1, 2007, or after December out regard to any gain to which subsection leagues about the subprime mortgage 31, 2014.’’. (d)(6) applies.’’. crisis. (b) EFFECTIVE DATE.—The amendment made (b) EFFECTIVE DATE.—The amendment made While we are all ultimately respon- by subsection (a) shall apply to contracts issued by this section shall apply to sales and ex- sible for the contracts we sign, there after December 31, 2006. changes after December 31, 2007. were clearly failures in the market SEC. 4. ALTERNATIVE TESTS FOR QUALIFYING AS SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTI- that led people to buy homes larger or COOPERATIVE HOUSING CORPORA- MATED TAXES. more expensive than they could really TION. Subparagraph (B) of section 401(1) of the Tax (a) IN GENERAL.—Subparagraph (D) of section Increase Prevention and Reconciliation Act of afford, or to accept mortgage terms 216(b)(1) of the Internal Revenue Code of 1986 2005 is amended by striking the percentage con- that might quickly become (defining cooperative housing corporation) is tained therein and inserting ‘‘116.75 percent’’. unsustainable. amended to read as follows: The SPEAKER pro tempore. The gen- The result has been a growing num- ‘‘(D) meeting 1 or more of the following re- tleman from New York (Mr. RANGEL) ber of foreclosures, which, in turn, puts quirements for the taxable year in which the downward pressure on other home taxes and interest described in subsection (a) are and the gentleman from Louisiana (Mr. MCCRERY) each will control 30 minutes. prices. Moreover, when a bank forgives paid or incurred: some or all of the mortgage, that can- ‘‘(i) 80 percent or more of the corporation’s The Chair recognizes the gentleman gross income for such taxable year is derived from New York. celled debt is treated as income and is from tenant-stockholders. Mr. RANGEL. Mr. Speaker, I yield subject to tax. Too many people are ‘‘(ii) At all times during such taxable year, 80 myself such time as I may consume. learning the hard way about this percent or more of the total square footage of Mr. Speaker, first I want to thank ‘‘kick-’em-when-they’re-down’’ feature the corporation’s property is used or available the minority ranking member on the of the tax code. for use by the tenant-stockholders for residen- Ways and Means Committee and our In August, President Bush recognized tial purposes or purposes ancillary to such resi- staffs for working to bring some relief the seriousness of this crisis and pro- dential use. posed a temporary provision exempting ‘‘(iii) 90 percent or more of the expenditures of to those people that are feeling the the corporation paid or incurred during such problems of the subprime mortgage cri- from tax the income that individuals taxable year are paid or incurred for the acqui- sis. receive when a bank reduces or elimi- sition, construction, management, maintenance, I want to make a special thanks to nates the mortgage on a primary resi- or care of the corporation’s property for the Congressman ROB ANDREWS, whose cre- dence. benefit of the tenant-stockholders.’’. ativity in working with the committee, I think that his proposal, a tem- (b) EFFECTIVE DATE.—The amendment made along with ZACH SPACE, gave us the di- porary solution to a temporary crisis, by this section shall apply to taxable years end- is appropriate, and asked the Rules ing after the date of the enactment of this Act. rection to remove some of the inequi- ties that may relieve some of the pain Committee to make in order a sub- SEC. 5. GAIN FROM SALE OF PRINCIPAL RESI- DENCE ALLOCATED TO NON- that people are feeling. stitute which did just that. As my col- QUALIFIED USE NOT EXCLUDED It’s a commonsense piece of legisla- leagues know, however, we were not FROM INCOME. tion that when the banks and those given that opportunity, and so we are (a) IN GENERAL.—Subsection (b) of section 121 that hold the mortgage decide to give not debating such a proposal. of the Internal Revenue Code of 1986 (relating to forgiveness on some parts of that loan, Nevertheless, there are good policy limitations) is amended by adding at the end the that these parts of the loan not be con- arguments for making this provision following new paragraph: permanent, just as there are for mak- ‘‘(4) EXCLUSION OF GAIN ALLOCATED TO NON- sidered as income and does not create a QUALIFIED USE.— taxable event. So we do that. We ing it temporary. But the important ‘‘(A) IN GENERAL.—Subsection (a) shall not passed it out by voice vote because it thing is that we do something to help. apply to so much of the gain from the sale or ex- just made a lot of sense. I am glad the chairman of the Ways change of property as is allocated to periods of In addition to that, we make it easier and Means Committee decided to move nonqualified use. for people to extend their mortgage in- a bill dealing with this crisis. ‘‘(B) GAIN ALLOCATED TO PERIODS OF NON- surance, as well as those people who The bill does, however, contain rev- QUALIFIED USE.—For purposes of subparagraph own condos, to be able to get relief enue offsets that I do find troubling. (A), gain shall be allocated to periods of non- Generally, I continue to oppose PAYGO qualified use based on the ratio which— from debts that they may have by get- ‘‘(i) the aggregate periods of nonqualified use ting long-term extension of private rules that require us to raise taxes in during the period such property was owned by mortgage insurance on all of them. one place in order to provide tax relief the taxpayer, bears to Finally, the bill makes it easier for in another. Nonetheless, those are the ‘‘(ii) the period such property was owned by taxpayers to form housing cooperation rules that this House has adopted, so I the taxpayer. co-ops. understand the majority’s need to in- ‘‘(C) PERIOD OF NONQUALIFIED USE.—For pur- We give a general relief and at the clude an offset in the bill. poses of this paragraph— same time make it more difficult for The offset being used today will deny ‘‘(i) IN GENERAL.—The term ‘period of non- qualified use’ means any period (other than the people to move into their rentals or va- part of the capital gains exemption to portion of any period preceding January 1, 2008) cation homes and enjoy the same tax families who sell a second home which during which the property is not used as the relief as they move from their original was not always their primary resi- principal residence of the taxpayer or the tax- homes. In other words, they can only dence. During committee markup, I ex- payer’s spouse or former spouse. get the tax relief for that part of the pressed concerns that the proposal ‘‘(ii) EXCEPTIONS.—The term ‘period of non- time they actually lived in the rental could undercut housing prices in areas qualified use’ does not include— or the vacation home, rather than hav- of the country where second-home pur- ‘‘(I) any portion of the 5-year period described chases form a large share of the hous- in subsection (a) which is after the last date ing the luxury of moving from one va- that such property is used as the principal resi- cation home to the other and enjoying ing market. I understand the chair- dence of the taxpayer or the taxpayer’s spouse, the tax benefits. man’s desire to identify an offset with- ‘‘(II) any period (not to exceed an aggregate Mr. Speaker, I yield the balance of in the housing market, and that cer- period of 10 years) during which the taxpayer or my time to one of the hardest-working tainly constrained our choices. the taxpayer’s spouse is serving on qualified of- members of the committee that spent a I also appreciate the chairman’s ef- ficial extended duty (as defined in subsection lot of time on this subject matter, Mr. forts to include transition relief to (d)(9)(C)) described in clause (i), (ii), or (iii) of BLUMENAUER, and allow him to dele- limit the effect of this provision on subsection (d)(9)(A), and families who may already own more ‘‘(III) any other period of temporary absence gate the time as requested by other (not to exceed an aggregate period of 2 years) Members of the House. than one home. As has been noted al- due to change of employment, health conditions, The SPEAKER pro tempore. Without ready and will surely be noted again, or such other unforeseen circumstances as may objection, the gentleman from Oregon the bill, including this offset, has been be specified by the Secretary. will control the remainder of the time. endorsed by several leading real estate

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.045 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11290 CONGRESSIONAL RECORD — HOUSE October 4, 2007 groups, and that calms, although it principal home and allows them to get I would like to thank my colleague, doesn’t eliminate, my concerns about the capital gains exclusion to the ex- Congressman ANDREWS, for his com- the impact the offset may have. tent that a second home is their prin- mitment to this issue. I also appreciate Thus, while I do support the positive cipal home. It’s reasonable, it’s bal- the time and effort of my chairman, tax relief in this bill for those with anced, it’s paid for. I urge its adoption. Congressman RANGEL, Ranking Mem- cancellation of indebtedness income, I Mr. Speaker, I reserve the balance of ber MCCRERY, and their staffs for mov- would prefer to do so without this ob- my time. ing this important measure to the jectionable offset. It is my hope that as Mr. LEWIS of Kentucky. Mr. Speak- House floor. this legislation moves forward, as I be- er, I yield myself such time as I may The bill before us is a good first step lieve it should today, we will have an consume. toward addressing the mortgage situa- opportunity to reconsider the revenue I rise today in strong support for the tion. But more important, this bill is raises attached to it. Mortgage Forgiveness Debt Relief Act an example of what happens when both Mr. Speaker, I reserve the balance of of 2007. I have heard concerns from parties work together to produce good my time and request unanimous con- many homeowners in my district about policy that will benefit millions of sent that the gentleman from Ken- the serious situation in the mortgage Americans. tucky (Mr. LEWIS), who coauthored the market. A recent University of Michi- Mr. Speaker, I reserve the balance of original legislation similar to the bill gan study of homeowners indicated my time. before us today with Mr. ANDREWS, be that at least 26 percent of those sur- Mr. BLUMENAUER. Mr. Speaker, I allowed to allocate the remainder of veyed had experienced a loss of equity yield 2 minutes to the distinguished the time. in their home during the past year. Chair of the Trade Subcommittee, and The SPEAKER pro tempore. Is there These declining prices have led some a senior member of the Ways and objection to the request of the gen- families to sell their homes for less Means Committee, Mr. LEVIN. tleman from Louisiana? than they paid for them. (Mr. LEVIN asked and was given per- There was no objection. On August 31, President Bush spoke mission to revise and extend his re- Mr. BLUMENAUER. Mr. Speaker, I from the Rose Garden and called on marks.) Congress to address a crisis in the recognize myself for 21⁄2 minutes. Mr. LEVIN. Mr. Speaker, I rise in It is not often I find myself dis- mortgage market. Included in the strong support of this legislation. On agreeing with my esteemed friend, the President’s priorities was a bill that the Democratic side, we’ve been em- ranking member of the Ways and Congressman ROB ANDREWS and I intro- phasizing the importance of fairness in Means Committee, but I would like to duced in April to relieve tax obliga- the code, of equity in the code, the briefly address his concerns. tions on those who sell homes that ability to go home, meet our constitu- have lost equity and have been forgiven As our esteemed chairman, Mr. RAN- ents, look them squarely in the eye and a portion of outstanding mortgage GEL, pointed out, this is a serious pro- say that we’re taking steps to make gram that all agree needs a serious so- debt. Our measure was later incorporated the Tax Code more equitable. And this lution to avoid having people who lose into the larger bipartisan committee legislation is a step in that direction, their homes end up having their loss bill that we are debating today, just a and an important one so a loss isn’t become a taxable event. Our legislation little over a month since the Presi- taxable when it should not be. So this solves this. dent’s remarks. This legislation, al- is one step, an important step, towards Where I take modest exception to the though not perfect, is a piece of legisla- meeting the subprime mortgage crisis. ranking member and, in fact, had a tion that I asked my colleagues to take My home State of Michigan has very rather spirited debate before the Rules a close look at and the intent of the much suffered from this phenomenon, Committee with Ranking Member bill before casting your vote. and I’m glad that we’re taking this DREIER that this is somehow a tem- You will see that this legislation de- step today. porary problem and just requires a livers real help to our constituents. As mentioned, also included in this temporary solution, we are in a situa- Under current law, only two categories legislation is a 7-year extension of the tion now where the majority would of individuals pay taxes when selling deduction for mortgage insurance pre- argue that there is never a good time the principal residence: those who have miums. This is also necessary. What it to have people who lose their homes been able to realize a capital gain of does is to level the playing field among have that loss be a taxable event. Sec- more than $250,000 or $500,000 on a joint the products of mortgages; and this ond, unlike the Bush administration return and those who lose the equity in will be helpful, especially helpful now, thinks this is going to be solved in the their home and are forced to pay tax if in view of the crisis with these mort- next year or two, the fact is, in 2006, 20 the lender forgives some portion of the gages. percent of the first-lien mortgages mortgage debt. Let me just say a word about the were in the subprime market. It is unfair to tax people on phantom payment. There’s been some comment We are going to see exploding adjust- income, particularly when they have about the pay-for, and I mean to say able rate mortgages for years. Those suffered serious economic loss and had this charitably. I think this pay-for is people shouldn’t have uncertainty if less ability to pay the tax. The Mort- better than, much better than no pay- there are people who assume control gage Forgiveness Debt Relief Act for. And we’ve been having too much, who think that their loss should be a would relieve this tax burden. in recent years, legislation that pro- taxable event. ceeded without any pay-for at all. And As it speaks to the pay-for, the b 1400 this is an effort to be fiscally respon- Democrats have made a commitment The Andrews-Lewis provision states sible, and I think it does so in an effec- that we are going to pay for our ac- that no tax will be collected when a tive and an equitable way. tions. We are not going to add to the lender forgives part of the mortgage on I urge support for this legislation. deficit. This is an entirely appropriate the sale or disposition of a principal Mr. LEWIS of Kentucky. Mr. Speak- pay-for. There was never an intent residence. This proposal has earned the er, I yield 2 minutes to my friend from with the $500,000 per couple exclusion support of the National Association of Pennsylvania (Mr. ENGLISH). from capital gains on the sale of their Home Builders, the National Associa- Mr. ENGLISH. Mr. Speaker, I thank homes to string these together. tion of Realtors, and the United States the gentleman for the opportunity to I came to Congress committed to en- Department of the Treasury. speak on a bill that he has spent an ex- acting that relief to protect them. But Addressing this Tax Code inequity traordinary amount of time on and is under the provisions that, as it has and other long-term issues in the hous- most timely. worked out, some extraordinarily ing market cuts to the core of our na- The bill before us today is really a wealthy people can string these to- tional economic stability as we seek to question of bringing fairness to the Tax gether and have a $500,000 tax-free gain calm financial markets, aid local com- Code. At its heart it puts those tax- three times in 6 years. munities, and support one of our most payers that have been placed in the Our amendment, our pay-for, gives basic American aspirations, and that’s tough situation of declining property everybody the protection for their homeownership. values and perhaps even foreclosure in

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.056 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11291 a better position to be able to stay in American Dream. But even more dis- on marinas all over America. The lux- their homes. tressing will be the tax bill if the lend- ury tax killed the yacht business, dev- Under current law, a homeowner er is kind enough to forgive part of this astated an industry and was finally re- must pay taxes at ordinary income debt. pealed with sincere regret. rates on the fictitious income never re- We want to do all that we can to I fear this luxury tax on second alized by the homeowner when a lender keep them in their home and to work homes will have the same effect as the forgives part of the debt owed on a out some arrangement to help them luxury tax on yachts. Yet our friends, mortgage. It is simply unfair that keep paying, even if that means for- the Realtors, the bankers and the when lenders do the right thing and try giving a part of the tax debt. But with homebuilders all support the bill before to work to keep working families in the tax bill looming, many might even us today because of the need for relief their homes during tough times, that argue that that could be counter- and mortgage debt forgiveness. the taxman then comes and presents productive. So that’s why I’m enthusi- It’s clearly not a perfect bill. It that family with a bill on money that astic about supporting the legislation should come back from conference with they never saw. that’s on the floor today. the Senate with only a temporary pro- The kicker, Mr. Speaker, is that were This bipartisan bill, and I emphasize, vision, then the luxury tax on second the homeowner to realize a gain on the most bipartisan bill in the last 7 homes ought to no longer be necessary selling their home, the situation is a years on the Ways and Means com- because it should be given the emer- very different matter. In that instance, mittee, this bipartisan bill would gency budget designation it deserves. the seller of the home would be only re- change the current tax law and provide Mr. BLUMENAUER. Mr. Speaker, I quired to pay tax, and at the capital that homeowners would not be taxed yield myself 15 seconds to clarify that gains rate versus the income tax rate on the portion of forgiven debt if due to there’s no luxury tax on second or on the amount above an exclusion. Yet, financial hardship or decline, and I em- third homes. It preserves the tax ex- for the homeowner facing a short sale phasize decline, in the value of the emption for the $500,000 capital gain on or participating in a debt forgiveness home. a residence, and it permits people to proposal in order to keep them in their It simply makes good sense to do claim an additional benefit to the ex- home, no such help is extended through this. The bill has been endorsed by the tent to which it is their primary resi- the Tax Code. Realtors Association, the home- dence in the future. This bill provides a major step to- builders, the mortgage bankers, and I would at this point, Mr. Speaker, ward helping taxpayers, our constitu- most importantly, members of the recognize a distinguished member of ents, facing this difficult situation. American family. the Ways and Means Committee, Mrs. And, Mr. Speaker, it does it while This is a commonsense proposal. I TUBBS JONES from Ohio, whose experi- maintaining tight controls to ensure hope we’re all going to support it. ence helped shape this legislation, for 2 that this change will not be abused by Mr. LEWIS of Kentucky. Mr. Speak- minutes. those looking to game the system. er, I yield 2 minutes to Mr. SAM JOHN- (Mrs. JONES of Ohio asked and was In short, given the situation facing SON from Texas. given permission to revise and extend so many of our constituents in this un- (Mr. SAM JOHNSON of Texas asked her remarks.) certain housing and credit market, this and was given permission to revise and Mrs. JONES of Ohio. Mr. Speaker, I is a needed change for working families extend his remarks.) want to commend my colleagues, both and for our economy as a whole. Mr. SAM JOHNSON of Texas. Mr. on the Democratic and Republican In States such as Pennsylvania, Speaker, the current problems with side, for introducing this legislation. where delinquency rates are climbing mortgage and real estate markets are I rise today in support of H.R. 3648, by the quarter, this will serve to keep considerable, but they’re not perma- the Mortgage Forgiveness Debt Act of people in their homes. Homeownership nent. For the individuals and families 2007. is a major part of the equation when it who have gotten into trouble with in- It comes as no surprise to most comes to building savings and owner- appropriate mortgages, I’m glad to see Americans that when debt is forgiven ship in our society, and we shouldn’t that their lenders are restructuring by lending institutions in a fore- permit our Tax Code to unnecessarily and writing down loans so people can closure, this amount must be included stand in the way of enabling working move on with their lives. Taxation of as income in their tax statement. In a families to participate in the owner- phantom income is something I’ve time of rising foreclosures, I cannot ship society. fought for a long time. I have con- imagine anything more upsetting to a I urge my colleagues to make this fidence in the American economy and family than this scenario. The situa- bill law as soon as possible. in the fact that real estate markets tion usually occurs when the family Mr. BLUMENAUER. Mr. Speaker, I will rebound. It’s not a permanent cannot pay their mortgage and then yield 2 minutes to the distinguished problem. must give up their home. Then they Chair of the Select Revenue Measures However, this bill puts permanent re- must pay tax on phantom income when Committee and a champion of tax fair- lief in place and sets up a system where the lender forgives some part of the ness, Mr. NEAL from Massachusetts. there is permanent assumption of slid- homeowner’s mortgage. (Mr. NEAL of Massachusetts asked ing home prices. Instead of a perma- More than 8 years ago, I introduced a and was given permission to revise and nent problem, I believe it’s a short- piece of legislation called the Preda- extend his remarks.) term problem worthy of being given tory Lending Reduction Act of 2001, I Mr. NEAL of Massachusetts. Mr. emergency budget designation. This believe it was. And in that legislation, Speaker, I thank Mr. BLUMENAUER for would allow this phantom income to I suggested that we needed to monitor yielding the time. And I want to ac- remain untaxed, and to make it unnec- or regulate mortgage brokers. knowledge Chairman RANGEL and JIM essary for permanent tax increases to The reason I raised the issue is be- MCCRERY today for the manner in be imposed on other Americans. cause most of the subprime lending which they moved this legislation and The tax increase the majority has that occurs in America comes through how swiftly they addressed the issue chosen as an offset is a permanent lux- brokers who are brokering subprime that is looming across markets here in ury tax on one in 20 American families lending mortgages. America and has had, in fact, an inter- who own a second home. The Ways and The reason I’m so concerned about national impact. Means Committee has a track record the statement of my colleague before In my home State of Massachusetts, on luxury taxes, and it’s not good. about this taxation should not be per- foreclosures have risen by 66 percent When the Democrats were last in the manent, the reality is, for many fami- over the last year. Recent studies have majority, they imposed a luxury tax on lies who lose their homes as a result of estimated that one in five subprime yachts and claimed that only the rich the situation we’re in, it’s permanent. mortgages from the past 2 years will would pay the tax. The luxury tax on It’s permanent loss of assets that result in foreclosure. That means more yachts really ended up being a tax on would pass from one generation to the than 1 million homeowners will lose boats. It was a disaster tax on the next. And they can never recover from their opportunity to hold on to the American boat building industry and it. It’s permanent loss for communities

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.060 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11292 CONGRESSIONAL RECORD — HOUSE October 4, 2007 where the tax duplicate is reduced be- made, whether that recommendation legislation represents an important cause they don’t have that money upon or another. This is an important meas- step in helping homeowners caught in which they can build a rating so that ure to help those who are losing their our Nation’s housing crisis. The people that community could then borrow homes or are in a bad situation. There I represent have been hardest hit by money on a bond. It’s a permanent loss is surely a fairer, more thoughtful way this crisis. It pains me to say that the for public school systems that no to pay for it. State of Nevada currently has the longer receive the tax that you allow Mr. BLUMENAUER. Mr. Speaker, I highest rate of foreclosure in the Na- them to be able to support that public yield 2 minutes to the distinguished tion. In Nevada there is one foreclosure school system. So this legislation is Ways and Means Committee member, for every 163 households. That is three very, very important. Mr. PASCRELL from New Jersey, a times the national average. And whatever happens in the housing former mayor who has firsthand expe- Unfortunately, many of those who market, and hopefully we’re going to rience about the significance of this lose their homes to foreclosure are hit get a hold on these subprime lenders legislation. with the added insult of a surprise tax who have devastated permanently our Mr. PASCRELL. I thank the gen- bill. This occurs when a home has de- communities across the United States tleman for yielding. I want to thank creased in value and the amount owed of America, we’re going to get a hold Mr. RANGEL and Mr. MCCRERY for the is more than the current value of the on that. But in the interim, let’s give great work they have done and the home. The difference between the the people who are in this position a great work of ROB ANDREWS from New amount owed and the actual value of break. Jersey, the exhaustive efforts in this the home is considered forgiven debt Mr. LEWIS of Kentucky. Mr. Speak- regard, to help people avoid fore- and, therefore, taxed at regular in- er, I yield 3 minutes to Mr. BRADY from closure, to stay in their homes. come. With interest rates on hundreds Texas. There is a little doubt that the cur- of thousands of mortgages about to Mr. BRADY of Texas. Mr. Speaker, if rent tax effect on the struggling home- reset and home values in decline in you lose your job and lose your home owners is not fair or prudent. Requir- many areas, this foreclosure tax is or are forced to sell at a loss, only in ing any discharge of indebtedness to be likely to be a growing problem. America do you get a bill, a tax bill included in taxable income further ex- This bill will help protect home- from Uncle Sam for forgiven debt. Hav- acerbates and endangers the financial owners from this tax by providing a ing witnessed this during the terrible health of those already in distress. permanent exclusion of the discharged Texas recession of the 1980s, it is noth- Think about it: A bank forgives some debt as long as the mortgage was on ing less than shooting the financially amount of indebtedness for a home- the primary residence. wounded. There’s no question this is owner in trouble, either to avoid fore- And for those who fear that this leg- long past time to correct this unfair- closure or to forgive a debt to a home- islation will bail out wealthy land ness. owner in the foreclosure process. Right speculators who have made bad invest- I applaud the authors of this bill, now the amount of forgiven indebted- ments, let me assure you that the re- Representatives LEWIS and ANDREWS, ness is treated by the IRS as income, lief provided in this bill is targeted to- and all of those who have helped bring which is then taxable. That’s pretty in- wards those losing the very roofs over this to the floor today. There is serious credible, I think. their heads, their family’s home, and question, however, about the way we For families across America, this du- not to real estate speculators who pay for it. bious income and the resulting tax bur- made bad bets. Raising taxes on the sales of second den can cause an even greater level of Additionally, this bill will extend the homes unfairly taxes families who live anguish that they should not have to tax deduction on private mortgage in- in one city, but are forced to work in absorb in the time of need. surance to provide an additional meas- another, and couples who have This legislation would provide a per- ure of tax relief to homeowners. Low- scrimped their whole lives to enjoy a manent exclusion of gross income of ering the cost of mortgage insurance retirement home they dreamed of. discharged homeowner indebtedness. It by keeping this tax deductible will help is the wise and decent thing to do. ensure that more borrowers are choos- b 1415 And I might add there is danger ing mortgages they can actually afford. It is a poor way to fund this bill. ahead. Right now between January and For some of my constituents this tax This $2 billion tax hike unfairly pun- September of this year $263 billion of savings will mean the difference be- ishes those who make their house pay- debt that was opened up, people were tween being able to stay in their homes ments to help those who can’t or who losing their homes, and in 18 months or becoming one of thousands facing find themselves in a bad situation. It’s that is going to go to $700 billion of foreclosure and loss of their family a false choice, completely unrelated to loans in the pipeline that are going to home. each other. And yet those who profited open up to higher rates. This is what For those on the other side of the millions of dollars from the sale of we have to look forward to. This is a aisle who are criticizing the pay-for in predatory and risky loans walk away serious, serious problem that’s not this bill, not one, not one of them has unscathed. What type of accountability going to go away next week. come up with a sensible and honest al- is that? So I thank both the chairman and ternative or solution to the pay-for Because this pay-for has had no real the ranking member. With the abun- that is included here. study, no in-depth analysis by Con- dance of acute problems in the mort- I think this is a good piece of legisla- gress, I and others worry there may gage finance system, this legislation tion. I urge support for this legislation. well be unintended consequences that can help stabilize families, their neigh- Mr. LEWIS of Kentucky. Mr. Speak- damage the value of second homes and, borhoods and communities, as well as er, I reserve the balance of my time. in the long run, not today but in the our national economy. Mr. BLUMENAUER. Mr. Speaker, it long run, harm lake communities, va- Mr. LEWIS of Kentucky. Mr. Speak- is my honor to yield 2 minutes to the cation communities, and retirement er, I reserve the balance of my time. distinguished gentleman from New Jer- communities around the Nation whose Mr. BLUMENAUER. Mr. Speaker, I sey (Mr. ANDREWS), who has been ac- economies are dependent upon these yield 21⁄4 minutes to the distinguished knowledged as one of the prime drivers types of homes. Ways and Means member from Nevada in shaping this legislation. There are better ways to offset the (Ms. BERKLEY), who has represented an (Mr. ANDREWS asked and was given tax cost of this bill, including raising area that is facing this problem and permission to revise and extend his re- more than $1 billion simply by allowing has been so generous in sharing with us marks.) government workers in 457 plans to the consequences. Mr. ANDREWS. Mr. Speaker, I thank have the option of a Roth-style IRA, an Ms. BERKLEY. Mr. Speaker, I thank my good friend for yielding, and I option available to millions of workers Mr. BLUMENAUER for his leadership on would like to thank Chairman RANGEL in the private sector. this issue. and his staff especially for their great I am hopeful that before this bill goes I rise today in support of the Mort- work in bringing this to the floor. to the President’s desk that a change is gage Forgiveness Debt Relief Act. This Thank you very much. And to Mr.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.061 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11293 MCCRERY and to my friend Mr. LEWIS helping families recover from problems foreclosure. We rank well above the na- for showing that when people from two caused by the continuing mortgage cri- tional rate, with 3 percent of our loans parties come together in support of a sis. in foreclosure. Subprime loans which good idea, it can happen. Let’s face it. Unscrupulous lending have affected many of our Nation’s This is what this bill is about: A per- practices have taken their toll as hard- families account for nearly half of our son buys a house for $150,000 and has a working families struggle to keep pace State’s foreclosures. $140,000 mortgage. And then bad times with ballooning mortgage payments. This legislation permanently ex- hit the neighborhood and the person Under current law any debt forgiven empts individuals from being taxed on can only sell the house for $130,000, but by a lender is treated as phantom in- forgiven debt in the event of fore- they still owe $140,000 on the mortgage. come and subject to taxation. At a closure. By passing this legislation, we So they go to closing and they sell the time when so many families are al- are taking an important step in pre- house, but even after all the proceeds ready in crisis, it is fundamentally un- venting homeowners already faced with of the sale are paid, they still owe fair to penalize them by taxing money the devastation of losing their home money on the mortgage. Now, someone they may recover through refinancing from also incurring an additional tax is only going to do this because they their mortgage or foreclosure of their burden that they are unable to repay. have lost their job or had a health cri- homes. We should not be imposing additional sis or some other family crisis. By defi- The Mortgage Forgiveness Debt Re- hardships on families by imposing an nition, this is an American family in lief Act will change the Tax Code to unfair tax bill on them at the worst some trouble. prevent forgiven mortgage debts from possible moment. If their lender says that they are being assessed as gross income. This Mr. Speaker, I appreciate the bipar- going to write off that $10,000 that still critical measure will help address the tisan nature of this legislation. is owed on the mortgage, if the lender persistent problems in the housing Mr. BLUMENAUER. Mr. Speaker, I says we are not going to bother to market that have resulted from unfair yield 1 minute to the gentlewoman chase this person, usually because lending practices. And I urge my col- from Arizona (Ms. GIFFORDS). leagues to join me in supporting it. there is nothing to recover from, under b 1430 present law the IRS would treat that Mr. LEWIS of Kentucky. Mr. Speak- family as having $10,000 worth of in- er, I reserve the balance of my time. Ms. GIFFORDS. Mr. Speaker, I rise come. Now, they have no money in Mr. BLUMENAUER. Mr. Speaker, I today in support of the Mortgage For- their checking account to pay it. They yield 1 minute to the gentleman from giveness Debt Relief Act, an important have no means to go earn the money. Ohio (Mr. SPACE). piece of legislation. They owe a tax on money they never Mr. SPACE. I thank the gentleman A few years ago, Arizona had been a saw. from Oregon. national leader in home prices. With This is unfair, and it exacerbates the Home foreclosures are, unfortu- the growing subprime mortgage crisis, problem we see in the mortgage mar- nately, something that Ohioans face Arizona is now experiencing increasing ket right now. So Republicans and far too frequently. Ohio ranks near the record foreclosures. In May, new fore- Democrats came together. We are top in the Nation in foreclosures. In closures in my State were 141 percent thankful for the leadership of Chair- this year alone, approximately 61,000 higher than they were just 2 years ago. man RANGEL, and we have before us families will have their homes fore- Some mortgage lenders are working now a bill that will address in a fair closed upon. These are families who responsibly with homeowners to adjust and targeted way this problem. have fallen victim to unscrupulous their mortgages to fairly reflect the I would also add I do appreciate the subprime lending brokers, who have decreased home values. They are ad- pay-for. I think we should pay for what fallen victim to failing health, and who justing their lending policies in re- we do here. And what this bill does is have fallen victim to a changing econ- sponse to the current housing market. close a loophole. It basically says that omy, one where we have seen our man- Congress has to do the same. We should everybody can get the $500,000 exclu- ufacturing base eroded, our cost of the not penalize homeowners by taxing sion for the house they actually live in, living through gas and utilities in- them their discharge debt. but you can’t take that for a property creasing, and stagnant wages. The This bill encourages market-based you don’t live in. That seems pretty phantom tax on forgiven debt adds in- decision; it creates fundamental tax fair to me. jury to insult, especially to working fairness. This bill responsibly helps Ar- So, again, I thank people on both families who have undergone the trau- izona families avoid foreclosures and to sides of the aisle for their support. I ma of a foreclosure. remain in their homes. Fewer fore- would urge a ‘‘yes’’ vote. I am very grateful for Chairman RAN- closures will help stabilize property Mr. LEWIS of Kentucky. Mr. Speak- GEL’s leadership on this issue and values and protect our local and our re- er, I yield myself 15 seconds. thankful that our leadership as the gional economies. I want to thank Mr. ANDREWS for this Democratic Party has taken up this I proudly cosponsored this bipartisan bill, and I certainly have appreciated cause as well. And, furthermore, I am legislation that is endorsed by the Na- working with him on this. gratified at the bipartisan support that tional Association of Realtors, the Na- And this is a good time. This is good this body has demonstrated in its com- tional Association of Home Builders, for the American people to see that we mitment to tax relief for middle-class and the Mortgage Bankers Association. can come together when a problem, a and working families. Mr. BLUMENAUER. Mr. Speaker, I serious problem, is affecting them and Mr. LEWIS of Kentucky. Mr. Speak- would recognize the gentleman from we can come up with a solution. In- er, I reserve the balance of my time. California (Mr. MCNERNEY) for 1 stead of pointing fingers and talking Mr. BLUMENAUER. Mr. Speaker, I minute. about a problem, we have actually yield 1 minute to the distinguished Mr. MCNERNEY. Mr. Speaker, in my come up with a solution. So thank you gentleman from Indiana (Mr. DON- district, the city of Stockton, Cali- for your work. NELLY). fornia and surrounding San Joaquin Mr. BLUMENAUER. Mr. Speaker, I Mr. DONNELLY. Mr. Speaker, I am County are the very epicenter of the yield 1 minute to the distinguished proud, with my colleagues on both the growing national home mortgage cri- gentleman from Rhode Island (Mr. Republican and Democratic sides, to sis. San Joaquin County has the second LANGEVIN). support H.R. 3648, the Mortgage For- highest level of foreclosures in the (Mr. LANGEVIN asked and was given giveness Debt Relief Act. This provides country. Nearly one out of 50 homes is permission to revise and extend his re- much-needed tax relief to American being repossessed. Stockton has the marks.) families facing foreclosure. As mort- highest foreclosure rate of any United Mr. LANGEVIN. Mr. Speaker, I rise gage rates reset to levels that families States city, and this is tearing our in strong support of the Mortgage For- are unable to afford, this crisis con- communities apart. To add insult to in- giveness Debt Relief Act. I commend tinues to grow. jury, former homeowners who lost the sponsors. I believe that this is a In my home State of Indiana, one in money when their houses were sold, necessary and compassionate step in every 219 Hoosier families now face have to pay taxes on their losses. And

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.063 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11294 CONGRESSIONAL RECORD — HOUSE October 4, 2007 those able to negotiate for a reduction residence, they can claim the exclu- treated as ‘‘phantom income’’ and is subject to in the amount they owe are forced to sion. And to the extent that a second taxation by the IRS. At a time when families pay taxes on this amount. home, after they’ve gotten $500,000 tax are already in financial dire straits, it is fun- This doesn’t make sense. Thankfully, free, the extent to which they occupy a damentally unfair to penalize them by taxing the legislation we’re voting on today second home for an additional period of the money they recover through either refi- will eliminate this phantom tax and time, they can claim the proportion nancing their mortgage or foreclosure of their provide some breathing room for peo- that it is actually their principal resi- homes. ple in financial crisis. dence. I would dare say that was the I am proud to support the Mortgage Forgive- I strongly support this bill. intent for the majority people of why ness Debt Relief Act, which will change the Mr. LEWIS of Kentucky. Mr. Speak- that provision was implemented in the Tax Code to prevent forgiven mortgage debts er, I just want to say that this isn’t a first place. It’s reasonable, it’s sound, from being assessed as gross income. This perfect bill, I don’t guess there has ever and I would strongly suggest that improvement will limit the financial penalties been a perfect bill on this floor, but it’s that’s why people in this industry, Re- families incur when refinancing their homes at a good bill and it does provide a solu- altors, mortgage bankers, home- fixed rates and could even keep some families tion to a real problem for Americans. I builders, support the bill that we on the brink of foreclosure from losing their am very happy that we have a good bi- brought forward. homes. I am also pleased that, under this leg- partisan bill that I encourage all of my I suggest that this bill is something islation, people would not be unfairly taxed colleagues to vote for and help out in that all of us ought to support. I when a lender voluntarily agrees to waive pre- this very tough time for a lot of home- strongly urge its passage. payment penalty fees. owners in this country. Mr. BACA. Mr. Speaker, I rise in support of The Mortgage Forgiveness Debt Relief Act Mr. Speaker, I yield back the balance H.R. 3648, the Mortgage Forgiveness Debt is a critical measure that will help address the of my time. Mr. BLUMENAUER. Mr. Speaker, I Relief Act of 2007. persistent problems in the housing market re- yield myself such time as I may con- Among large metro areas my district in the sulting from unfair lending practices. This leg- sume. Inland Empire has the fourth highest rate of islation is another important step toward fixing I would like to commend my col- foreclosure filings in the Nation and was the the mortgage crisis nationwide, and will help league for the work that he has done hardest hit area in California through the first stabilize families throughout the Nation and on this measure, Mr. MCCRERY, and our half of 2007. our economy as a whole. leadership because at core there is bi- In San Bernardino County alone there were Ms. LORETTA SANCHEZ. Mr. Speaker, the partisan understanding and support for 19,185 foreclosure filings during the first half situation in the housing market is well docu- the elimination of what has been re- of 2007, representing a staggering 345 per- mented. ferred to as a phantom and unfair tax cent increase from the previous year. Overall, Unscrupulous practices by mortgage bro- on the poor souls who lose their homes there is one foreclosure filing for every 33 kers in search of fees and the unrealistic belief and who receive no net increase to households in the Inland Empire. that housing prices would continue their mete- them. These numbers go to show that the oric rise is resulting in the most perilous situa- Where we have modest disagreement subprime crisis we are experiencing today is tion for the housing sector, and the economy is in two specific areas: one, the bill not an abstract issue. These are real people as a whole since the Great Depression. that is before us recognizes that there who are going through painful struggles to The most urgent action for this Congress is is never a good time to tax American stay in their home and keep their families to- to encourage actions that enable families to homeowners on this phantom benefit of gether. stay in their homes. having their loan forgiven on a fore- Regrettably, when banks and loan servicers Today we will consider H.R. 3648, the Mort- closed property. There no cir- decide to help these families by forgiving a gage Forgiveness Debt Relief Act. This bill cumstances under which we could con- part of a loan, that debt is then treated as a takes the crucial step to restore fundamental ceive that we wanted to penalize them source of income which in turn makes the for- fairness for homeowners in financial distress for something that they didn’t receive, given amount subject to tax. by revising language in the tax code that in- so we made it permanent. Unlike the Families who are already facing foreclosure cludes discharged home mortgage debt as minority, unlike the Bush administra- should not have to face the additional burden taxable income. tion, we don’t think there is ever a of paying tax on phantom income. Homeownership, especially among minori- good reason to tax them on something This bill restores fairness for homeowners ties, is at an all time high. It has contributed that they don’t receive. who are financially and economically dis- greatly to our economy and our social fabric. Second, we’re paying for the cost tressed by eliminating that requirement. It will Foreclosed, empty homes only impose costs that is associated with it because, play a central role in helping American families that everyone must bear. sadly, even a tax provision that makes avoid foreclosure and stay in their homes and Now is the time to make sensible reforms to no sense carries value, and under our I urge my colleagues to support it. protect families and consumers who are on rules, we need to pay for it. And what Mr. LANGEVIN. Mr. Speaker, I rise in strong the verge of losing their home. we did was not to implement any addi- support of the Mortgage Forgiveness Debt Re- I commend the Committee on Ways and tional tax, but to clarify the benefit lief Act of 2007 (H.R. 3648). This measure is Means and the House Leadership for bringing that is given to owners of principal a necessary and compassionate step in help- this important bill to the floor. residences that they have a $500,000 ing individuals and families recover from the Mr. UDALL of Colorado. Mr. Speaker I am tax-free gain if they occupy that as problems caused by the continuing mortgage a cosponsor of this important legislation and their principal residence for 2 out of 5 crisis. rise to support its passage years. That’s something that we broad- Unscrupulous lending practices have taken As we all know, the real estate market is ly agree upon. their toll on hard-working families, who are in- troubled. In Colorado and across the country, Now, we’ve always agreed that that creasingly unable to keep pace with their bal- some families are caught in a bind—as prices ought to occur to the homeowner. Now looning mortgage payments. We have all seen have declined, they are finding that the value we’re hearing that somehow our friends how the skyrocketing interest rates associated of their homes are less than what they owe on on the other side of the aisle think with nontraditional mortgages, such as adjust- their mortgages. that an additional tax benefit, so that able-rate mortgages, have devastated families And many of these people are experiencing people could string this together over nationwide. These families are often left with financial problems—including increased pay- the course of 6 years and get $500,000 few options. They may either try to renegotiate ments required as the interest rates on their three times as a tax benefit, is some- the terms of their mortgage for fixed interest mortgages are adjusted—that can lead to fore- how, some way a tax increase. It is not. rates, or be forced to foreclose on their closure or require them to work out other ar- The purpose of that tax provision was homes. Both options can be emotionally dif- rangements with lenders. never to reward people who could game ficult and are further complicated by the hefty That is bad enough—but as things stand the system and string together tax in- taxes that may result. now, in many cases they find that there is creases two or three times over a rel- Under current law, when a lender forgives more bad news, because today homeowners atively short period of time. all or part of a loan, it is required to report the are taxed on debt that they are no longer re- So we have clarified it: as long as it amount of debt forgiven to the IRS and to the quired to pay, either because a mortgage has is their principal home, their principal homeowner. That amount is subsequently been foreclosed or restructured.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\K04OC7.065 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11295 That is because the tax code today treats We want to prevent thousands of Americans a principal residence through acquisition, con- the value of cancelled mortgage debt as tax- from getting hit by the double whammy of (1) struction or substantial improvement of the able Income. losing their homes to foreclosure, and (2) get- principal residence. This bill will provide relief to people in this ting slapped with a tax bill when the debt on Mr. Speaker, this bill also extends the de- situation. It will change the tax laws so as to their home is discharged by the lender. duction for private mortgage insurance for 7 permanently exclude debt forgiven under Even taxpayers that restructure their mort- years through 2014 and would relax the rules, these circumstances from tax liability. gages to avert foreclosure face this risk of trig- making it easier for housing groups to qualify It also will help make home purchases more gering large tax bills. as a cooperative housing corporation. It would affordable by a long-term extension of the tax It doesn’t seem right for individuals in this also modify the exclusion of gain on sale of a deduction for private mortgage insurance. Cur- circumstance to face a tax bill when they real- principal residence, all items that would make rent law allows certain premiums paid or ac- ly have no increase in their net worth. it easier for homeowners to survive the murky crued for qualified mortgage insurance by a As I see it, their house went down in value, waters of the current housing market. As the taxpayer in connection with financing of the and the individuals couldn’t meet their mort- housing crisis continues to run its course, I be- taxpayer’s residence to be treated as inter- gage requirements, resulting in foreclosure. lieve that this legislation is a step in the right est—that is, to be deductible. However, this is The amount of the income that they would direction. I believe that more has to be done now scheduled to terminate for any amount recognize without regard to this bill would be in order to keep homeowners in their homes paid or accrued after December 31, 2014. equal to or less than the decline in value of and help stabilize the part of our economy that This bill will extend the deduction through their home. So, absent this legislation, home- has been the surest route to wealth in our December 31,2014. owners in this situation would be slapped with country. I urge all of my colleagues to vote for Mr. Speaker, this is a good measure. I a tax liability for no net increase in wealth. its passage. strongly support it and urge its approval. H.R. 3648 would correct that result so that Mr. POMEROY. Mr. Speaker, 75 million Mrs. MALONEY of New York. Mr. Speaker, if a person’s principal residence lost value, American households own their home. About I rise in support of H.R. 3648, the Mortgage that loss won’t give rise to a tax liability. 68 percent of these homeowners have a mort- Forgiveness Debt Relief Act. Mr. BISHOP of New York. Mr. Speaker, I gage, and about 26 percent of those also This bill will end the double-whammy of pay- rise in strong support of H.R. 3648, the Mort- carry a second mortgage, a home equity line, ing taxes on the lost value of their homes by gage Forgiveness Debt Relief Act. I am proud or both. In total, Americans have about $10.4 providing a permanent exclusion from gross to be a cosponsor of similar legislation that trillion of mortgage debt outstanding. income of discharged home mortgage debt. also gives a much-deserved break to home- The large majority of families are paying We are passing this legislation at a time owners and their families facing enormous tax their mortgage payments on time, but many when anxiety over the state of the economy liability made more painful by the housing cri- families are having a difficult time meeting remains high and concerns mount that the sis. their monthly mortgage payments as the inter- subprime mortgage meltdown will infect the Nearly 3,000 homeowners in Suffolk Coun- est rates on their loans are being reset to rest of the economy. ty, New York in my district are facing fore- higher levels. Missed payments can mean Last month, RealtyTrac released the latest closure. One out of every 180 families in my high added fees also apply. bad news that foreclosures reported in August district will join 2.2 million families nationwide In this last year, more families have found increased 36 percent since July and 115 per- whose subprime loans have already failed or that they just can not keep up and end up cent since this time last year. will end in foreclosure. loosing their home in foreclosure. Both fore- Expectations are that the next 18 months Adding insult to injury, most of them have to closures and their precursor, delinquencies, will be even worse, as many subprime loans pay a tax when a lender forgives some part of shot upward. By August 2007, foreclosures reset to higher rates. We have real concerns their mortgage. The IRS treats that forgiven were up 115 percent from last year, and up 36 that this subprime crisis will cause 2.2 million debt as income, and can even add interest percent from July. Since economic research people to lose their homes. and penalties. shows that a single foreclosure within a city The credit crunch, the worsening housing To be relieved of debt at one moment, but block lowers the value of homes in the area slump, market volatility, and weak consumer then to be charged shortly thereafter with a by 0.9 percent, many lenders want to help confidence point to a gathering storm that huge tax bill is a tremendous shock and bur- families stay in their homes. These families could drag down the economy, possibly taking den. We can all agree that middle class fami- work out a new loan with their lender revising thousands of American jobs with it. lies who lose their homes should be spared the home loans by forgiving some of the debt In the face of this gathering storm, Demo- any further penalty by the IRS. caused by the decline in housing prices. crats in Congress are working to help families Mr. Speaker, losing your home is bad The last thing these families need is a tax stay in their home and are working to prevent enough. The last thing any family in today’s bill for the ‘‘phantom income’’ arising from the another crisis. The House has passed FHA housing market needs is for the IRS to make loss in the value of their home or the amount and GSE reform bills. We are working on a their struggle more of an uphill climb. I urge of debt forgiveness. Today, Congress rips up predatory lending bill. my colleagues to support H.R. 3648 and com- that tax bill for struggling families as we pass We are working with regulators to advocate mend the leadership for expediting its consid- the Mortgage Forgiveness Debt Relief Act of forbearance and with servicers to engage in eration by the House today. 2007. This bill provides relief to those families workouts for strapped borrowers. Mrs. CHRISTENSEN. Mr. Speaker, I rise in by permanently excluding debt forgiven under We recognize this crisis in homeownership support of H.R. 3648, the Mortgage Forgive- these circumstances from tax liability. and we are doing everything we can to re- ness Debt Relief Act of 2007 because I be- Housing is an important job creator in our spond in a forceful and responsible way. lieve that it is the least that the Congress can economy. We still need to keep home owner- Again, I support this legislation. do to aid beleaguered homeowners, who in ship a reachable part of the American Dream. Mr. BLUMENAUER. Mr. Speaker, it is esti- addition to facing foreclosure, are also facing With recent reports in the Wall Street Journal mated that, before this housing slump is over, taxation on phantom income. showing that demand for previously owned 2 million homeowners will lose their homes It was not a long time ago that the housing homes tumbled in August to the lowest level due to skyrocketing interest rates on their market was being touted as the savior of the in 5 years, we know that the trouble in the mortgages. economy and that homeownership was looked mortgage market hurts sales. Home resales Increased foreclosures have adverse effects to as a reliable, stabilizing force in commu- fell to a 5.5 million annual rate, a 4.3 percent on the values of neighboring properties. For nities across the country. Now that the pen- decline from July, according to the National example, research indicates that, for each dulum has swung in the other direction, and Association of Realtors. Help for new home foreclosed home in a given neighborhood, the the housing market is wobbling under the buyers is in H.R. 3648. prices of nearby homes could fall by 1 percent weight of the subprime crisis, it is incumbent Solid Midwest values helped keep folks in to 1.5 percent. upon the Congress to assist beleaguered my state North Dakota out of the subprime Nationally, housing prices have stopped ris- homeowners. mortgage fallout, by and large. Yet, we all ing. In fact, some measures of home prices H.R. 3648 would amend current law which know that it is hard for young families to have already declined, by more than 3 percent would now tax a homeowner who received re- scrape together the money to make a signifi- since the beginning of 2007. Some econo- lief from financial institutions on their mort- cant down payment on their first home. Many mists predict that real housing prices are likely gages in order to save their homes. H.R. 3648 of them are not able to purchase their home to decline by more than 15 percent over the would provide a permanent exclusion for any with a 20 percent down payment. Mortgage in- next 2 years. discharge of indebtedness which is secured by surance protects these buyers that the market

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\CR\FM\A04OC7.054 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11296 CONGRESSIONAL RECORD — HOUSE October 4, 2007 needs, while insuring against the loss in home taxes on America’s families. I, for one, The SPEAKER pro tempore. The gen- value in the event of default. don’t believe we should raise taxes on tleman from Oregon is recognized for 5 H.R. 3648 would help our kids and other one family to cut taxes for another. minutes. would-be homeowners secure their first homes Contrary to the remarks made by my Mr. BLUMENAUER. First of all, as through a long-term extension of the tax de- friend from Oregon who alleges that the gentleman mentions, using the duction for private mortgage insurance. Mort- some are gaming the system, which term ‘‘promptly’’ means that it is gage insurance keeps new homeowners from could or could not be true, there is an kicked back to the committee to an taking out second and riskier loans to buy instance, and plenty of which occur, uncertain future. their first home. Extending this tax deduction that will impact real families. If we This has been before the committee until 2015 treats mortgage insurance as a cost don’t pass this motion to recommit, for some time. There is broad bipar- of homeowners hip in the same way as mort- there will be a real cost to real people tisan support that we need to solve this gage interest. and real families who are relying on problem. And I have listened to my The bottom line is that foreclosures do not the equity built up in their greatest friends, they haven’t come forward help the taxpayers. It does not help the econ- asset, their home. with any reasonable suggestion about omy and it does not help our communities. Take, for example, a family that an alternative pay-for. They had an op- H.R. 3648 is another step that this Congress moves to a new area in search of a job. portunity in the Rules Committee; is taking to restore strength to the Nation’s If that family currently lives in an they had an opportunity before the floundering housing market. Providing help to area with a depressed housing market committee. If we follow their course, keep families in their homes and to improve and the family intends to return in the we’re going to be in limbo, I don’t the ability of young families to buy their first future, they may make the reasonable know how long, but unnecessarily. home from those houses on the market would decision to rent their home instead of The minority has been interested in help ease the crisis we face. selling it. They would do so in hopes of the past in making it temporary. That Mr. KAGEN. Mr. Speaker, my constituents recovering some of the home’s value in was the Bush administration’s posi- in Northeast Wisconsin and countless others the next few years. tion; that’s what Republicans argued across this Nation are hurting because of the Under existing law, if they later before the Rules Committee. We don’t current mortgage crisis. move back to their home and, having want to put it back to an uncertain fu- The fact is many homeowners are increas- lived at least 2 years in the home for ture. ingly unable to make monthly payments or sell the last 5, any gains realized from the The one proposal that has come for- their homes in the middle of a national hous- eventual sale of the home would be ex- ward today for a pay-for was itself a ing slump. cluded from the tax up to $500,000. The long-term revenue loser. Using a Roth- The number of national foreclosure filings underlying bill, however, will change style approach to government em- reported last month more than doubled from a that. Families that move back into ployee accounts, I think they’re 457s, is year ago. their old house after several years and a long-term revenue drain which uses For these reasons, I rise in support of H.R. then intend to sell it could be facing an accounting gimmick in the short 3648. tens of thousands of dollars in addi- term to have people pay a little tax so We need to provide tax relief to home- tional tax bills when they later sell they save a whole lot of tax in the fu- owners who face foreclosures on their homes. that home. This is nothing more than a ture. That will add to the deficit over Mr. BLUMENAUER. Mr. Speaker, I tax increase on those American fami- time. yield back the balance of my time. lies, an additional burden on families Now, contrary to what my distin- The SPEAKER pro tempore (Mr. that are trying to put their children guished friend from Virginia says, it WEINER). All time for debate has ex- through school, provide health care does not disadvantage people. The ex- pired. and live the American Dream. clusion for residential property for a Pursuant to House Resolution 703, This provision adds another level of prime residence was just that, it was to the previous question is ordered on the complexity to an already complicated give people a $500,000 exclusion from bill, as amended. Tax Code. Bottom line, Mr. Speaker, capital gain on the sale of the prop- The question is on the engrossment the net effect is to take away from erty. It doesn’t foreclose other people and third reading of the bill. some American families a tax benefit from stringing it forward to get more The bill was ordered to be engrossed that they are currently enjoying. than $500,000. It just means the extent and read a third time, and was read the We, in this House, should be making to which it’s not your primary resi- third time. it easier for the American people to dence, you don’t get a percentage in- MOTION TO RECOMMIT OFFERED BY MR. CANTOR comply with the Tax Code, and we crease above that. If it’s your primary Mr. CANTOR. Mr. Speaker, I offer a should strive to make it easier for residence for one-third of that time, motion to recommit. them to provide for their families. you get one-third of the benefit, in ad- The SPEAKER pro tempore. Is the Now, Mr. Speaker, the opponents of dition to $500,000 that you get with gentleman opposed to the bill? this motion will argue that because the your first bite of the apple. It means Mr. CANTOR. Yes, in its current motion directs the committee to report you don’t get two it means you don’t form. back promptly that somehow this kills get three in 6 years; you get one full The SPEAKER pro tempore. The the bill; that simply is not true. In- bite, and then you get a percentage on Clerk will report the motion to recom- stead, it directs the committee to re- top of that. It’s reasonable; it’s fiscally mit. consider the bill. responsible. The Clerk read as follows: Now, Mr. Speaker, the Senate is in I strongly urge the rejection of this Mr. Cantor of Virginia moves to recommit recess next week and the House sched- proposal that puts this legislation in the bill H.R. 3648 to the Committee on Ways ule is extremely light. If this motion limbo. There is broad bipartisan sup- and Means with instructions to report the passes, we will have plenty of time port for the concept. The permanent same back to the House promptly with the next week to improve the bill. And I, support of a permanent nature of it is following amendment: for one, pledge to work with the chair- sound, the pay-for is reasonable. I urge Strike sections 5 and 6. man, as I’m sure our leadership will rejection of the motion to recommit. The SPEAKER pro tempore. Pursu- and our ranking member, so that we Mr. Speaker, I yield back the balance ant to the rule, the gentleman from can have a good bill waiting for the of my time. Virginia is recognized for 5 minutes. Senate when they return from their The SPEAKER pro tempore. Without Mr. CANTOR. Mr. Speaker, this mo- week-long recess. objection, the previous question is or- tion to recommit is very simple. It So, Mr. Speaker, the underlying bill dered on the motion to recommit. strikes the tax hike from the bill. A has a tax increase in it. I urge support There was no objection. vote for this motion to recommit gives of this motion to recommit. The SPEAKER pro tempore. The us all an opportunity to vote for the Mr. Speaker, I yield back the balance question is on the motion to recommit. underlying bill whose purpose is to pro- of my time. The question was taken; and the vide relief to homeowners impacted by Mr. BLUMENAUER. Mr. Speaker, I Speaker pro tempore announced that the subprime crisis without raising rise to oppose the motion to recommit. the noes appeared to have it.

VerDate Aug 31 2005 02:36 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.073 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11297 Mr. CANTOR. Mr. Speaker, on that I Clarke Jackson-Lee Rahall The question was taken; and the demand the yeas and nays. Clay (TX) Rangel Speaker pro tempore announced that Cleaver Jefferson Reyes The yeas and nays were ordered. Clyburn Johnson (GA) Richardson the ayes appeared to have it. The SPEAKER pro tempore. Pursu- Cohen Jones (OH) Rodriguez RECORDED VOTE Conyers Kagen Ross ant to clause 9 of rule XX, the Chair Cooper Kanjorski Rothman Mr. ETHERIDGE. Mr. Speaker, I de- will reduce to 5 minutes the minimum Costa Kaptur Roybal-Allard mand a recorded vote. time for any electronic vote on the Courtney Kennedy Ruppersberger A recorded vote was ordered. question of passage. Cramer Kildee Rush The vote was taken by electronic de- Crowley Kilpatrick Ryan (OH) The vote was taken by electronic de- Cuellar Kind Salazar vice, and there were—ayes 386, noes 27, vice, and there were—yeas 201, nays Cummings Klein (FL) Sa´ nchez, Linda not voting 19, as follows: Davis (AL) Kucinich T. 212, answered ‘‘present’’ 1, not voting Davis (CA) Langevin [Roll No. 948] 18, as follows: Sanchez, Loretta Davis (IL) Lantos Sarbanes AYES—386 Davis, Lincoln Larsen (WA) [Roll No. 947] Schiff Abercrombie Davis (IL) Inglis (SC) DeFazio Larson (CT) Schwartz Ackerman Davis (KY) Inslee DeGette Levin YEAS—201 Scott (GA) Aderholt Davis, David Israel DeLauro Lewis (GA) Aderholt Franks (AZ) Moran (KS) Scott (VA) Alexander Davis, Lincoln Jackson (IL) Dicks Lipinski Akin Frelinghuysen Murphy, Tim Serrano Allen Davis, Tom Jackson-Lee Doggett Loebsack Alexander Gallegly Musgrave Sestak Altmire DeFazio (TX) Donnelly Lofgren, Zoe Altmire Garrett (NJ) Myrick Shea-Porter Andrews DeGette Jefferson Doyle Lowey Bachmann Gerlach Neugebauer Sherman Arcuri DeLauro Johnson (GA) Edwards Lynch Bachus Gilchrest Nunes Sires Baca Dent Johnson (IL) Ellison Mahoney (FL) Baker Gingrey Paul Skelton Bachus Diaz-Balart, L. Johnson, Sam Ellsworth Maloney (NY) Barrow Gohmert Pearce Slaughter Baird Diaz-Balart, M. Jones (NC) Emanuel Markey Bartlett (MD) Goode Pence Smith (WA) Baker Dicks Jones (OH) Engel Matheson Barton (TX) Goodlatte Peterson (PA) Snyder Baldwin Donnelly Jordan Eshoo Matsui Bean Granger Petri Barrow Doolittle Kagen Etheridge McCarthy (NY) Solis Biggert Graves Pitts Bartlett (MD) Doyle Kanjorski Farr McCollum (MN) Space Bilbray Hall (TX) Platts Barton (TX) Drake Kaptur Fattah McDermott Spratt Bilirakis Hastert Poe Bean Dreier Keller Filner McGovern Stark Bishop (UT) Hastings (WA) Porter Becerra Edwards Kennedy Frank (MA) McIntyre Stupak Blackburn Hayes Price (GA) Berkley Ehlers Kildee Giffords Meek (FL) Sutton Blunt Heller Putnam Berman Ellison Kilpatrick Gillibrand Meeks (NY) Tanner Boehner Hensarling Radanovich Berry Ellsworth Kind Gonzalez Melancon Tauscher Bonner Herger Ramstad Biggert Emanuel King (IA) Gordon Michaud Taylor Bono Hobson Regula Bilbray Emerson King (NY) Green, Al Miller (NC) Thompson (CA) Boozman Hoekstra Rehberg Bilirakis Engel Kirk Green, Gene Miller, George Thompson (MS) Boustany Hulshof Reichert Bishop (GA) English (PA) Klein (FL) Grijalva Mollohan Tierney Brady (TX) Hunter Renzi Bishop (NY) Eshoo Kline (MN) Gutierrez Moore (KS) Towns Broun (GA) Inglis (SC) Reynolds Bishop (UT) Etheridge Knollenberg Hall (NY) Moore (WI) Udall (CO) Brown (SC) Issa Rogers (AL) Blackburn Everett Kucinich Hare Moran (VA) Udall (NM) Brown-Waite, Johnson (IL) Rogers (KY) Blumenauer Fallin Kuhl (NY) Harman Murphy (CT) Van Hollen Ginny Johnson, Sam Rogers (MI) Bonner Farr LaHood Hastings (FL) Murphy, Patrick Vela´ zquez Buchanan Jones (NC) Rohrabacher Bono Fattah Lamborn Herseth Sandlin Murtha Walz (MN) Burgess Jordan Ros-Lehtinen Boozman Feeney Lampson Higgins Nadler Wasserman Burton (IN) Keller Roskam Boren Ferguson Langevin Hill Napolitano Schultz Buyer King (IA) Royce Boswell Filner Lantos Hinchey Neal (MA) Waters Calvert King (NY) Ryan (WI) Boucher Flake Larsen (WA) Hinojosa Oberstar Watson Camp (MI) Kingston Sali Boustany Forbes Larson (CT) Hirono Obey Watt Campbell (CA) Kirk Saxton Boyd (FL) Fortenberry Latham Hodes Olver Waxman Cannon Kline (MN) Schmidt Boyda (KS) Fossella LaTourette Holden Ortiz Weiner Cantor Knollenberg Sensenbrenner Brady (PA) Frank (MA) Levin Holt Pallone Welch (VT) Capito Kuhl (NY) Sessions Braley (IA) Frelinghuysen Lewis (CA) Honda Pascrell Wexler Carter LaHood Shadegg Brown (SC) Gallegly Lewis (GA) Hooley Pastor Wilson (OH) Castle Lamborn Shays Brown, Corrine Garrett (NJ) Lewis (KY) Hoyer Payne Woolsey Chabot Lampson Shimkus Brown-Waite, Gerlach Lipinski Inslee Peterson (MN) Wu Coble Latham Shuler Ginny Giffords LoBiondo Israel Pomeroy Wynn Cole (OK) LaTourette Shuster Buchanan Gilchrest Loebsack Jackson (IL) Price (NC) Yarmuth Conaway Lewis (CA) Simpson Burgess Gillibrand Lofgren, Zoe Crenshaw Lewis (KY) Smith (NE) ANSWERED ‘‘PRESENT’’—1 Burton (IN) Gohmert Lowey Culberson Linder Smith (NJ) Butterfield Gonzalez Lucas Davis (KY) LoBiondo Smith (TX) Capuano Buyer Goode Lungren, Daniel Davis, David Lucas Souder NOT VOTING—18 Calvert Goodlatte E. Davis, Tom Lungren, Daniel Stearns Campbell (CA) Gordon Lynch Deal (GA) E. Tancredo Barrett (SC) Dingell Pickering Cannon Granger Mahoney (FL) Dent Mack Terry Carson Jindal Pryce (OH) Cantor Graves Maloney (NY) Diaz-Balart, L. Manzullo Thornberry Costello Johnson, E. B. Schakowsky Capito Green, Al Manzullo Diaz-Balart, M. Marchant Tiahrt Cubin Lee Sullivan Capps Green, Gene Markey Doolittle Marshall Tiberi Davis, Jo Ann McNulty Visclosky Capuano Grijalva Marshall Drake McCarthy (CA) Turner Delahunt Perlmutter Weller Cardoza Gutierrez Matheson Dreier McCaul (TX) Upton b 1508 Carnahan Hall (NY) Matsui Duncan McCotter Walberg Carney Hall (TX) McCarthy (CA) Ehlers McCrery Walden (OR) Ms. HERSETH SANDLIN and Ms. Carter Hare McCarthy (NY) Emerson McHenry Walsh (NY) MCCOLLUM of Minnesota and Messrs. Castle Harman McCaul (TX) English (PA) McHugh Wamp Castor Hastert McCollum (MN) Everett McKeon Weldon (FL) EDWARDS, SPRATT, JOHNSON of Chabot Hastings (FL) McCotter Fallin McMorris Westmoreland Georgia, NEAL of Massachusetts, Chandler Hastings (WA) McCrery Feeney Rodgers Whitfield RUSH and BUTTERFIELD changed Clarke Hayes McDermott Ferguson McNerney Wicker Clay Heller McGovern Flake Mica Wilson (NM) their vote from ‘‘yea’’ to ‘‘nay.’’ Cleaver Hensarling McHenry Forbes Miller (FL) Wilson (SC) So the motion to recommit was re- Clyburn Herseth Sandlin McHugh Fortenberry Miller (MI) Wolf jected. Coble Higgins McIntyre Fossella Miller, Gary Young (AK) The result of the vote was announced Cohen Hill McKeon Foxx Mitchell Young (FL) Cole (OK) Hinchey McMorris as above recorded. Conaway Hinojosa Rodgers NAYS—212 PERSONAL EXPLANATION Conyers Hirono McNerney Abercrombie Berman Brady (PA) Mr. WELLER. Mr. Speaker, on rollcall Nos. Cooper Hobson Meek (FL) Costa Hodes Meeks (NY) Ackerman Berry Braley (IA) 946 and 947 on the motion to recommit H.R. Allen Bishop (GA) Brown, Corrine Courtney Hoekstra Melancon Andrews Bishop (NY) Butterfield 3648 and final passage of H.R. 3648, I was Cramer Holden Mica Arcuri Blumenauer Capps unable to vote due to a prior family commit- Crenshaw Holt Michaud Baca Boren Cardoza ment. Had I been present, I would have voted Crowley Honda Miller (FL) Baird Boswell Carnahan Cuellar Hooley Miller (MI) Baldwin Boucher Carney ‘‘yea’’ for both votes. Cummings Hoyer Miller (NC) Becerra Boyd (FL) Castor The SPEAKER pro tempore. The Davis (AL) Hulshof Miller, Gary Berkley Boyda (KS) Chandler question is on the passage of the bill. Davis (CA) Hunter Miller, George

VerDate Aug 31 2005 02:36 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.069 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11298 CONGRESSIONAL RECORD — HOUSE October 4, 2007 Mitchell Rogers (AL) Stark Motion to recommit on H.R. 2740—‘‘yea.’’ any sense of the anticipated November Mollohan Rogers (KY) Stupak schedule, if we are working in Novem- Moore (KS) Rogers (MI) Sutton Final Passage of H.R. 2740, MEJA Expan- Moore (WI) Rohrabacher Tanner sion and Enforcement Act of 2007—‘‘aye.’’ ber. Moran (KS) Ros-Lehtinen Tauscher Democratic Motion on Ordering the Previous Mr. HOYER. If the gentleman will Moran (VA) Roskam Taylor Question on the Rule for H.R. 3246—Regional continue to yield, I thank my friend for Murphy (CT) Ross Terry asking that question. Murphy, Patrick Rothman Thompson (CA) Economic and Infrastructure Development Act Murphy, Tim Roybal-Allard Thompson (MS) of 2007 (H. Res. 704)—‘‘yea.’’ The expectation for November is that Murtha Royce Thornberry Rule to provide for consideration of H.R. we will be in until November 16. I don’t Musgrave Ruppersberger Tiahrt mean straight through, but we will Myrick Rush 3246—Regional Economic and Infrastructure Tiberi come in usually Monday nights and we Nadler Ryan (OH) Tierney Development Act of 2007 (H. Res. 704)— Napolitano Ryan (WI) Towns ‘‘yea.’’ will see about the Fridays because we Neal (MA) Salazar Turner Democratic Motion on Ordering the Previous don’t know what the Senate is doing. Neugebauer Sa´ nchez, Linda Udall (CO) Nunes T. Question on the Rule for H.R. 3648—Mort- Obviously we need to do the appropria- Udall (NM) Oberstar Sanchez, Loretta gage Forgiveness Debt Relief Act of 2007 (H. tions process and fund government. Upton Obey Sarbanes Van Hollen Res. 703)—‘‘yea.’’ The CR runs through the 16th of No- Olver Saxton Vela´ zquez vember. Ortiz Schakowsky Motion to Recommit H.R. 3246—‘‘nay.’’ Pallone Schiff Walberg Final Passage of H.R. 3246—Regional Eco- I want to tell all Members and the Pascrell Schmidt Walden (OR) nomic and Infrastructure Development Act of distinguished whip, my friend, that the Pastor Schwartz Walsh (NY) Walz (MN) 2007—‘‘yea.’’ Speaker and I would both like to con- Payne Scott (GA) clude the business of the first session Pearce Scott (VA) Wamp Motion to Recommit H.R. 3648—‘‘nay.’’ Peterson (MN) Sensenbrenner Wasserman Final Passage of H.R. 3648—Mortgage For- of this Congress by November 16. I Peterson (PA) Serrano Schultz giveness Debt Relief Act of 2007—‘‘yea.’’ don’t want to represent that I think Petri Sestak Waters Watson f that is probable at this point in time, Pitts Shadegg but that would be our desire and that is Platts Shays Watt REMOVAL OF NAME OF MEMBER Poe Shea-Porter Waxman what over the next 5 weeks we are Pomeroy Sherman Weiner AS COSPONSOR OF H. RES. 106 going to try to work towards. Porter Shimkus Welch (VT) Mr. SHIMKUS. Mr. Speaker, I ask We will not be in session either of the Price (NC) Shuler Weldon (FL) Putnam Shuster Wexler unanimous consent to remove my last 2 weeks of November, which would Radanovich Simpson Whitfield name as a cosponsor of H. Res. 106. mean that Thanksgiving week, which Rahall Sires Wicker The SPEAKER pro tempore. Is there is the week following the 16th, the Ramstad Skelton Wilson (NM) Rangel Slaughter Wilson (OH) objection to the request of the gen- week of the 19th, and the week fol- Regula Smith (NE) Wilson (SC) tleman from Illinois? lowing that, we would not be in ses- Rehberg Smith (NJ) Wolf There was no objection. sion. Obviously, it would be my hope Reichert Smith (TX) Woolsey we would have concluded our business Renzi Smith (WA) Wu f and would not, therefore, need to come Reyes Snyder Wynn LEGISLATIVE PROGRAM Reynolds Solis Yarmuth back in December. I don’t want to Richardson Space Young (AK) (Mr. BLUNT asked and was given make that representation, however. Rodriguez Spratt Young (FL) permission to address the House for 1 The gentleman is well familiar with NOES—27 minute.) the fact it is too far out and the appro- Akin Duncan Marchant Mr. BLUNT. Mr. Speaker, I yield to priations process is still not as sure as Bachmann Foxx Paul my friend from Maryland, the majority I would like it to be at this point in Blunt Franks (AZ) Price (GA) leader, for the purpose of inquiring Boehner Gingrey Sali time. But the last 2 weeks of November Brady (TX) Herger Sessions about the schedule for next week. we will not be here. Broun (GA) Issa Souder Mr. HOYER. I thank my friend for Mr. BLUNT. I thank the gentleman Camp (MI) Kingston Stearns yielding. for that information. That is incredibly Culberson Linder Tancredo It is Thursday, 3:15 p.m., and we have Deal (GA) Mack Westmoreland helpful, as is the notice on the Fridays finished our business. A lot of people this month. With that kind of notice, NOT VOTING—19 have talked to me about that, and I our Members have the kind of time Barrett (SC) Doggett Pickering just thought I would note it. they need and, I know, appreciate on Carson Jindal Pryce (OH) On Monday next, the House will not Costello Johnson, E. B. Sullivan both sides of the aisle to take advan- Cubin Lee Visclosky be in session in observance of the Co- tage of that time. Like you, I hope we Davis, Jo Ann McNulty Weller lumbus Day holiday. On Tuesday, the can find a way to be done by November Delahunt Pence House will meet at 12:30 p.m. for morn- Dingell Perlmutter 16, but I am very appreciative of know- ing-hour business and 2 p.m. for legisla- ing the schedule for the next two weeks ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tive business, with votes rolled until in November if we aren’t done. The SPEAKER pro tempore (during 6:30 p.m. next Tuesday. We will con- In the process of getting done, I the vote). Members are advised there sider several bills under suspension of asked last week when you couldn’t be are 2 minutes remaining in this vote. the rules. A list of those bills will be on the floor, and I will just ask again, b 1516 announced by the close of business to- is there any anticipation with four Mr. FERGUSON and Mr. INGLIS of morrow. Senate appropriation bills completed, South Carolina changed their vote On Wednesday and Thursday, the and in fact the Senate having named from ‘‘no’’ to ‘‘aye.’’ House will meet at 10 a.m. for legisla- conferees on those four bills, is there So the bill was passed. tive business. We expect to consider any anticipation we can go to con- The result of the vote was announced H.R. 2895, the National Affordable ference on one or all of those bills in as above recorded. Housing Trust Fund Act; H.R. 2095, the the near future? A motion to reconsider was laid on Federal Railroad Safety Improvement I yield to the gentleman. the table. Act; and H.R. 3056, Tax Collection Re- Mr. HOYER. I thank the gentleman Stated for: sponsibility Act. for yielding. Mr. PENCE. Mr. Speaker, on rollcall No. On Friday, there will be no votes in Mr. OBEY and the leadership have 948, had I been present, I would have voted the House. met. It is our hope we will be able to go ‘‘aye.’’ That is a change in the schedule so to conference on a number of these f everybody will want to note that. That bills, and there has even been some dis- means we expect to have no votes on cussion on some of the bills that have PERSONAL EXPLANATION any Friday for the balance of the not yet passed. We passed all 12 of our Mr. PERLMUTTER. Mr. Speaker, due to a month. bills, of course. It is our desire to go to family emergency I missed the following votes Mr. BLUNT. I am sure that will be conference on these. I can’t say when on Thursday, October 4, 2007. I would have well received. While we are on that exactly that will be, but I can tell you voted as follows: topic, I wonder if my good friend has that I am in the process of discussing

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A04OC7.058 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11299 this with the chairman of the com- share his view. But I hope he also health care of kids who don’t have ac- mittee to see how quickly we can get shares our view. Not all of the bills cess to insurance first. that accomplished. have passed with as big a margin, but On one more appropriations topic, Mr. BLUNT. That would be helpful, an average of 285, indicating pretty two comments made this week by and I appreciate the information on good bipartisan support on all of these Chairman OBEY, and I was interested in that. bills. And the case has been in the Sen- more information from the gentleman. On the Military Quality of Life bill, I ate, the ones that they have passed, One was that we won’t do any supple- think we have had that the second that the President would discuss with mental funding for our troops in Af- longest, the Homeland bill, and then us how we can get this process com- ghanistan and Iraq this year, and I be- the Military Quality of Life has been pleted at levels that we can agree on lieve he may have said ‘‘and poten- here about a month, and that bill has and not be told to do. tially not next year,’’ and then the contained substantial increases for vet- Mr. BLUNT. I appreciate that. And I other was the question raised by him of erans and for military personnel and also appreciate the sentiment that the having an income tax surcharge placed their families for a long time. This process works better if we agree on a on people who pay the income tax to year I think those increases amount to process rather than being told about a the tune of about $150 billion. $18.5 million a day, and I just advance process. I believe you and others have said the thought that the sooner we can get On MILCON for several years now, that surcharge will not be coming to that bill finalized, a bill that all Re- whether it was health care to retirees, the floor, and I wonder if you can publicans in the House voted for, a bill starting a formula that ended the post- verify that. And also any information that all Democrats in the House voted Civil War concurrent receipt problem, you have about the likelihood of how for, they can begin to benefit from we have come together and passed good we sustain our troops in the field be- those new changes and new benefits. legislation, as I think we did this year, tween now and the end of the year. All four of the bills are important, but and this is a bill that had virtual una- I yield to my friend. that bill, I think, particularly is a bill nimity. I am not sure that anybody that has an easy path to a moment voted against this bill. I would hope to b 1530 when veterans and people currently in get it done. I would hope to get all of the military would benefit from the our work done, and get it done in a way Mr. HOYER. I thank the gentleman changes in that bill. So whether it is that we talk to each other, that gets a for yielding. Homeland or Military Quality of Life product on the President’s desk that he With respect to your latter question, or the other two bills sent over, I can sign that we are all able to work sustaining our troops in the field, would be eager to see us move forward together on and get done. under the continuing resolution, we on those, but particularly on the Mili- I would also like to see that happen think that the authority to do that ex- tary Quality of Life bill. on the Child Health Insurance Program ists, and we’ve been advised that. Mr. HOYER. Would the gentleman bill. We believe that there is room for With respect to if we pass the De- yield? us in that discussion, and hope to be fense appropriations bill, it’s our ad- Mr. BLUNT. I yield. vice as we understand it from the Pen- Mr. HOYER. I thank the gentleman able to get there. I would tell my good friend as the whip on this side, I be- tagon that they will have sufficient for yielding. funds through the beginning of next We obviously want to have all 12 of lieve whether it would have been yes- year to fund their needs. Mr. OBEY, I’m the appropriation bills signed. They all terday or Monday or 2 weeks from yes- sure, will be discussing with us and passed with an average of 285 votes in terday, we will sustain that veto, but others on the status of the supple- this House. There has not been less we want to do that in a way that either mental. than 81 votes for any one of the Senate- now or later gets us in that discussion I note that he’s left now, but the passed appropriation bills to date. so that we continue this important chairman of the Appropriations Com- These bills have enjoyed broad bipar- program so that it works best for kids mittee was on the floor. He has indi- tisan support. who don’t have access to health care. Very frankly, the MILCON Quality of Mr. HOYER. I appreciate the obser- cated he thinks that they will have suf- Life bill is $4 billion over what the vation and I appreciate the gentle- ficient funds if the Defense appropria- President requested. We believe, and man’s assertion that the veto will be tions bill passes and is signed by the obviously the vote reflected, that it is sustained in this House. In the other President. That passed, as you know, in at an appropriate level to ensure that body, as you know, they have more an overwhelming vote here as well. We our veterans and our active-duty mili- than sufficient votes to override the hope to see that bill get to the Presi- tary have the medical care that was veto. There are senior leaders in the dent. I don’t know exactly what’s going promised to them. So we were pleased Senate, very senior leaders in the Sen- to happen to it in the Senate, we’ll that that passed overwhelmingly, not- ate in the gentleman’s party who be- have to see that, but I hope that will withstanding the fact that is over what lieve that the President has based his pass. the President has asked for, and he in- veto on incorrect information and in- With respect to the first question, dicated he was going to veto bills if it correct premises. Senator HATCH and there’s no intention of bringing a sur- was over what he asked for. What he Senator GRASSLEY, both of whom are charge to this floor. What Mr. OBEY really meant, apparently, was if they conservative Republicans, leaders in was saying is that this war was pro- were over what he wanted. your party, who believe this bill does, jected to cost $60 billion by the White These bills passed very substantially in fact, accomplish what the President House when it started. We’re going to in both Houses. We would hope the said that he wanted to do, at your con- be at $1 trillion before too long. That President would come to the table. Mr. vention in 2004, that he wanted to add bill is going to be paid by somebody. OBEY and Mr. Nussle have had some millions of children. We talked about our children and discussions. I will tell you, those dis- We are hopeful that we can convince grandchildren will be paying this bill. cussions have not indicated any move- some of your ranks not to vote as Re- And what Mr. OBEY’s point was is that ment at this point in time. They hope publicans or Democrats but to vote in the people who are being asked to sac- that will not be the case. a way that does reflect, I think, what rifice are those going into Iraq, those We want to see the MILCON bill all of our priorities are on the health families who send people to Iraq, and signed. Frankly, we want to see the care of our children. So we understand that the rest of us really aren’t paying Labor-Health bill signed, which pro- what your representation is and your much of a price, but our grandchildren vides for a billion dollars more in basic confidence level is, but in this case, we and children will pay that price. I biomedical health research on cancer, hope you are in error. think that was his point. heart, lung, blood, diabetes and other Mr. BLUNT. I appreciate the senti- But in answer to the gentleman’s diseases that inflict our citizens, and ment. If I am not in error, I hope we question, we have no intention of Pell Grant increases. don’t just waste the 2 weeks, and in- bringing such a bill to the floor. I appreciate the gentleman’s observa- stead begin the discussions that we Mr. BLUNT. I thank the gentleman tion regarding the MILCON bill, and I need to get to a bill that puts the and I yield back my time.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.075 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11300 CONGRESSIONAL RECORD — HOUSE October 4, 2007 HOUR OF MEETING TOMORROW the word ‘‘God’’ in these certificates tleman from Texas (Mr. POE) is recog- Mr. HOYER. Mr. Speaker, I ask and only puts the word ‘‘country’’ in nized for 5 minutes. unanimous consent that when the them. (Mr. POE addressed the House. His House adjourns today, it adjourn to The word ‘‘God,’’ according to the remarks will appear hereafter in the meet at 3 p.m. tomorrow, and further, Architect, violates his rules against re- Extensions of Remarks.) when the House adjourns on that day, ligious references. The Architect is the f caretaker of the Capitol. We have nu- it adjourn to meet at 12:30 p.m. on ISSUE OF GOD AND FLAGS FLOWN merous references to God in these hal- Tuesday, October 9, for morning-hour OVER THE CAPITOL debate. lowed Halls. Our history is based upon The SPEAKER pro tempore. Under a The SPEAKER pro tempore (Mr. a belief in God, whether the Architect previous order of the House, the gen- CLAY). Is there objection to the request likes it or not. tleman from Indiana (Mr. BURTON) is of the gentleman from Maryland? Maybe the Architect hasn’t even seen recognized for 5 minutes. There was no objection. the phrase ‘‘In God We Trust’’ above the flag here in the House of Rep- Mr. BURTON of Indiana. Mr. Speak- f resentatives. er, Mr. POE talked about this just a few DISPENSING WITH CALENDAR What’s next? Is he going to sneak minutes ago, and I’d like to carry on WEDNESDAY BUSINESS ON over here in the darkness of the night his thinking regarding the Architect of WEDNESDAY NEXT and chisel off the word ‘‘God’’ because the Capitol or the Acting Architect of the Capitol. Mr. HOYER. Mr. Speaker, I ask he doesn’t want that word ‘‘God’’ in the Capitol? There was a 17-year-old boy who was unanimous consent that the business about to become an Eagle Scout. His in order under the Calendar Wednesday The first amendment right to express religious freedoms is being violated by name was Andrew Larochelle, and he rule be dispensed with on Wednesday wanted to give a flag that’s flown over next. the censor of the Capitol. And that’s just the way it is. the Capitol to his grandfather, who was The SPEAKER pro tempore. Is there one of his heroes, and he asked that his objection to the request of the gen- f Congressman be able to put this lan- tleman from Maryland? RECOGNIZING THE LIFE OF MOHE- guage into the certificate that goes There was no objection. GAN INDIAN CHIEF RALPH W. along with the flag. And he said, ‘‘This f STURGES flag was flown in honor of Marcel COMMEMORATING THE 50TH ANNI- (Mr. COURTNEY asked and was Larochelle, my grandfather, for his VERSARY OF THE FIRST BAP- given permission to address the House dedication and love of God, country TIST CHURCH IN MT. ZION, ILLI- for 1 minute and to revise and extend and family.’’ NOIS his remarks.) The Acting Architect of the Capitol, Mr. COURTNEY. Mr. Speaker, I rise if you can believe this, Stephen Ayers, (Mr. HARE asked and was given per- took ‘‘God’’ out of that and sent the mission to address the House for 1 today to recognize the life of Mohegan Indian Chief, Ralph W. Sturges. Chief certificate back. And he said there minute.) can’t be a reference to God in any kind Mr. HARE. Mr. Speaker, I rise today Sturges died on September 30, 2007, in New London, Connecticut, at the age of of certification like that that comes to commemorate the 50th anniversary out of the Capitol. of the First Baptist Church in Mt. 88. A lifelong resident of Connecticut, I’d just like to say to my colleagues, Zion, Illinois. right here we have ‘‘In God We Trust’’ In 1957, the original 45 members of Chief Sturges was a renaissance man whose commitment to community and over the Speaker’s rostrum. We have the Mt. Zion faith community gathered ‘‘In God We Trust’’ on our currency. We in front of a storefront on Main Street. Nation knew no bounds. During his early life, he worked for the Civilian have ‘‘In God We Trust’’ on our coin- They chose the name of First Baptist age. We have ‘‘In God We Trust’’ in the Church and organized a mission. The Conservation Corps and joined the U.S. Army’s intelligence division during Pledge of Allegiance to the flag. following year, that small congrega- And I can’t imagine anybody wanting World War II, where he subsequently tion began construction on a new place to take God out of a certificate for a earned a Bronze Star for his out- of worship. As the congregation grew, Boy Scout or an Explorer Scout or any- standing service. so did its need for a larger building. body else in scouting because they After the war, Chief Sturges worked The church moved to its present loca- wanted to honor their grandfather. tirelessly for Federal recognition of tion in 1962. I’d like to just tell my colleagues the Mohegan tribe, which finally oc- Throughout the past 50 years, Mt. that a few of our Founding Fathers had curred in 1992. Because of his efforts, he Zion Baptist Church has played an im- something to say about having God in was elected ‘‘Chief for Life,’’ which he portant role in the surrounding com- our activities and in our government. faithfully worked as an ambassador of munity through its education center, Patrick Henry said, ‘‘It is when people goodwill during the extraordinary auditorium and mission. I’m happy to forget God that tyrants forge their growth of Mohegan Sun Resort and Ca- celebrate the church’s 50th year of chains.’’ Thomas Jefferson said, ‘‘God sino as a world-class destination. service, and I look forward to its con- who gave us life gave us liberty.’’ While his passing brings sadness to tinued growth and good works of its And John Adams, I want to read you the Connecticut community, his legacy congregation. this because it’s a little longer but it’s and contributions will be remembered very important. He says, ‘‘It is the f for generations to come. I ask my col- duty of all men in society, publicly, leagues to join with me and my con- WORD ‘‘GOD’’ CENSORED HERE and at stated seasons to worship the stituents to honor his life and offer (Mr. POE asked and was given per- Supreme Being, the Creator and Pre- condolences to his family. mission to address the House for 1 server of the universe. And so no sub- minute.) f ject shall be hurt, molested, or re- Mr. POE. Mr. Speaker, ‘‘I will do my SPECIAL ORDERS strained in his person, liberty, or es- duty to God and my country.’’ This is tate, for worshipping God in the man- part of the Boy Scout oath. When a The SPEAKER pro tempore. Under ner most agreeable to the dictates of Boy Scout becomes an Eagle Scout, the Speaker’s announced policy of Jan- his own conscience; or for his religious some Members of Congress have an of- uary 18, 2007, and under a previous profession or sentiments; provided he ficial flag flown over the Capitol and order of the House, the following Mem- doth not disturb the public peace, or these words are requested to be in the bers will be recognized for 5 minutes obstruct others in their religious wor- official certificate which is given to each. ship.’’ the Scout, along with the flag. f The Acting Architect of the Capitol But the Architect of the Capitol, who The SPEAKER pro tempore. Under a should be removed from office post- is in charge of such matters, censors previous order of the House, the gen- haste for doing this, and anybody who

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.076 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11301 tries to infringe upon the rights of some of the world’s leading doctors, ar- the Mercury, Gemini and Apollo pro- American citizens to express them- chitects and artists, parents are watch- grams and ultimately, of course, put- selves regarding God and country ing their children denied an education? ting Neil Armstrong and Buzz Aldrin should be taken to task. This is not the future we want for successfully on the Moon and bringing This country was founded upon the American children, and it is not the fu- them home safely. principles of believing in God and a su- ture we want for Iraqi children. Since then, of course, we have built preme being, and we’re now trying to Iraqis of all ages deserve a safe and the most versatile and complex ma- take that apart one step at a time. secure future and one that is enriched chine ever made by man, the space The Architect of the Capitol, who by education. shuttle. We have constructed the Inter- represents the Congress of the United We know how to provide that future, national Space Station. States and this Capitol, has no right to and it’s by ending the occupation and I am proud of what we have accom- tell a Scout that he can’t honor his returning sovereignty to Iraq. If this plished with our space program, and grandfather by giving him a flag and a administration would only listen to the now we are moving forward with the certificate that says, ‘‘This flag was Congress, or even to the Iraqi people next step in human space flight, the flown in honor of Marcel Larochelle, themselves, they would see that there Constellation program, which will, my grandfather, for his dedication and is overwhelming support to bring our again, carry us back to the Moon and, love of God, country and family.’’ troops home. with international cooperation, on to And so the President, as I understand This does not mean that we would Mars. But we are, today, facing an- it, appoints the Architect of the Cap- end our commitment to the Iraqi peo- other watershed moment in the history itol. Mr. President, if he happens to be ple. In fact, the American people have of our space program. listening, I hope he will remove this a long history of generosity and great By 2010, the space shuttle is sched- man and replace him with somebody humanitarian works. Our dedication to uled to end its over quarter century of who really loves God, country, and his the children of Iraq would not end with operations. While this is a sad time for fellow man. our military presence. Iraq is only many, it will also allow us to continue f made less stable with an endless Amer- on into the future with the Constella- tion program. Unfortunately, Con- A CRISIS FOR IRAQ’S CHILDREN ican occupation, and our very presence appears to be inspiring even more in- stellation is not set to begin space The SPEAKER pro tempore. Under a surgents. flight until 2015. previous order of the House, the gentle- Let’s do what is in the best interests What will America’s manned space woman from California (Ms. WOOLSEY) of the United States and of Iraq. Let’s flight program be doing to put men and is recognized for 5 minutes. renew our humanitarian commitment women into space between 2010 and Ms. WOOLSEY. Mr. Speaker, every to the Iraqi people. Let’s end this mis- 2015? Quite puzzlingly, we will be ask- parent, every parent, whether living in guided occupation. Let’s bring our ing the Russians, the country that the United States or in Iraq, wants troops and military contractors home. agreed to bury us 50 years ago, to only the best for their children. They launch our astronauts into orbit. want their kids to feel safe and to have f Now, I supported President Bush’s the very best of everything. And every b 1545 announced plan in 2004 to someday re- parent wants their child to get a qual- tire the space shuttle and replace it SPUTNIK 50TH ANNIVERSARY ity education. with a new, safer and less expensive Worldwide over 100 million children The SPEAKER pro tempore (Mr. system to operate that could go back do not attend school. Unfortunately, CLAY). Under a previous order of the to the Moon and on to Mars, but I was the trends of school attendance in Iraq House, the gentleman from Florida critical of the President at the time, are very discouraging. According to re- (Mr. WELDON) is recognized for 5 min- with his notion that we retire the shut- cent UNICEF reports, high levels of utes. tle in 2010 and not launch the new sys- street violence and lawlessness are Mr. WELDON of Florida. Mr. Speak- tem until 2015, and that we rely, of all keeping school attendance levels, par- er, I rise today to take the opportunity places, on Russia to launch our astro- ticularly of girls, to low levels. to recognize the importance to our Na- nauts into orbit. Yet, today, that is Often because families can no longer tion of what happened 50 years ago what we are planning on doing. afford to keep their children in school, today. What is very troubling about our re- girls are pulled out to assist their fami- On October 4, 1957, Russia launched lationship with Russia, while we have lies with household work and to look Sputnik I, the first artificial satellite had good cooperation with them in re- after younger siblings while their to successfully be placed in orbit cent years, there have been problems, brothers finish school. around the Earth. On that day, Ameri- problems with proliferating weapons of The large refugee crisis is another cans were shocked, and many believed mass destruction to rogue nations such impediment to education. UNHCR esti- that we were no longer the techno- as Iran. Indeed, this body passed the mates that 500,000 school-age Iraqi chil- logical leader of the world. Iran Nonproliferation Act, and then we dren now live in neighboring countries. On that day Americans realized that, had to go back and amend it to allow This could put a severe strain on neigh- like never before, our homeland was our current cooperation with the Rus- boring countries’ schools and their threatened. This was significant, be- sians. school systems, that is, if children are cause the leader of the Nation that Then, of course, more recently, the even allowed to attend school while launched Sputnik, Nikita Khrushchev, Russians have engaged in a number of living as a refugee. Additionally, ref- less than a year earlier had aggres- behaviors that I consider to be very ugee families often do not have money sively delivered to America the now-fa- ominous for our future relationship for tuition, and refugee children may mous threat, ‘‘We will bury you.’’ with them, placing a Russian flag on not speak the local language. To many Americans, Sputnik was a the bottom of Arctic Circle and claim- This summer, the United Nations major step showing how the Russians ing the Arctic bottoms resources for launched a global appeal for $129 mil- were starting to make good on their Russia. lion to get more Iraqi refugee children promise, and it was a promise that The Russians have bitterly opposed into schools. This is just a Band-Aid, America had to counter and nullify be- our deployment of missile defense sys- Mr. Speaker, on the situation. fore it was too late. The reverberations tems to protect us against Iran in Eu- Until Iraq is stabilized and families of Sputnik and its launch were felt rope. The Russian leader, President can return to their homes, we’re going many years thereafter. Putin, has claimed that it will lead to to have a generation of children who Thankfully, our Nation got busy a new missile race, and he has, indeed, have lived their lives on the run, with- after October 4, 1957, to ensure that our threatened to specifically target Euro- out feeling safe and without an edu- space program became second to none. pean capitals. Is Russia trying to bring cation. We began an aggressive effort to edu- back the Cold War? It has reinitiated In a nation with a rich legacy of edu- cate and train a new generation of en- its bomber patrols, patrolling our cation, a nation that has produced gineers and technicians, and we began NATO allies.

VerDate Aug 31 2005 02:36 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.079 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11302 CONGRESSIONAL RECORD — HOUSE October 4, 2007 I think if you add up all of these Almost 100 years ago, a native son of ronment in which schools can teach things and their recent abrogation of Ohio, Warren Harding, won the White and children can learn. the Treaty on Conventional Armed House. He ushered in a level of corrup- More and more information is com- Forces in Europe, which placed restric- tion that was unrivaled at that time. ing to light attracting more and more tions on conventional forces, I think The dollar amounts being tossed supporters to the belief that not only this does not bode well to our contin- around in the 2000 Presidential race should No Child Left Behind not be re- ued reliance on the Russians in the make it only a matter of time before authorized at this time, but, actually, years ahead, and we need a new plan to another giant scandal rocks our gov- it should be completely scrapped. deal with our manned space flight pro- ernment and further undermines the Yesterday, in the New York Times, gram in the years ahead. confidence of our body politic and our Diane Ravitch, a professor of education f very system of government. We all at NYU and a former assistant sec- know what’s going on is wrong, wrong, retary of the U.S. Department of Edu- THE COST OF CAMPAIGNING FOR wrong. cation, wrote, and I quote, ‘‘the No PRESIDENT When I am asked who I am sup- Child Left Behind Act of 2002 is fun- The SPEAKER pro tempore. Under a porting for President, I say the one damentally flawed,’’ and that it should previous order of the House, the gentle- who has raised the least money. be ‘‘overhauled, not just tweaked.’’ woman from Ohio (Ms. KAPTUR) is rec- We should be asking ourselves what She continued, ‘‘The latest national ognized for 5 minutes. must our children think, before it’s too tests, released last week, show that Ms. KAPTUR. Mr. Speaker, what late. We can act now to curb this out- academic gains since 2003 have been must our children think when they of-control arms race. I have introduced modest, less even than those posted in hear news reports about the upcoming a bill, H. Con. Res. 6, that reaffirms the years before the law was put in Presidential race of 2008, and when that the presence of unlimited amounts place. In eighth-grade reading, there they hear over and over and over again of money corrupts the political process have been no gains at all since 1998. how much money all the candidates are in a fundamental manner. The main goal of the law—that all chil- raising, $27 million, $20 million, $18 If money equals free speech, then dren in the United States will be pro- million, and the ante is being raised lack of money equals lack of free ficient in reading and mathematics by every week. speech. The bill expresses the need to 2014—is simply unattainable. The pri- In just 6 months of campaigning, the preserve, through our Constitution, the mary strategy—to test all children in 2008 Presidential candidates have al- integrity of a republican form of gov- those subjects in grades three through ready amassed more than $265 million. ernment, restore public confidence in eight every year—has unleashed an According to the Center for Responsive election campaigns, and ensure all citi- unhealthy obsession with standardized Politics, some analysts predict that zens an equal opportunity to partici- testing that has reduced the time the eventual nominees will need to pate in our political process. available for teaching other important raise a half a billion dollars apiece in I encourage my colleagues to join me subjects. Furthermore, the law com- order to compete, a half a billion dol- in cosponsoring this legislation and for pletely fractures the traditional limits lars apiece. Americans to pay attention and call on federal interference in the operation In the last 2004 Presidential election, this important issue to the attention of of local schools.’’ the candidates, together, raised their Representatives. Let me repeat that last point, be- $880,500,000. The 2008 Presidential elec- America needs a new revolution to cause I believe that it is a missing tion will see the first billion-dollar take our politics back from the money piece of the jigsaw puzzle. NCLB ‘‘com- race in American history. That’s more handlers and telemarketers. Let’s re- pletely fractures the traditional limits than the gross domestic product of 25 turn our Republic to the American peo- on Federal interference in the oper- nations. ple and, importantly, a free Republic to ation of local schools.’’ What must our children think about our children. Many times I have referenced the this out-of-control arms race? Don’t work of Neil McCluskey of Cato Insti- they conclude only the rich have a f tute, a scholar who shares my concerns chance, that the rich control, that to ANNOUNCEMENT BY THE SPEAKER about educational policy. He did a get ahead, you have to court the rich? PRO TEMPORE study in 2007 entitled, ‘‘End It, Don’t What must our children think of our The SPEAKER pro tempore. The Mend It,’’ and he concluded that Nation, once founded with the high Chair will remind all persons in the ‘‘NCLB has been ineffective in achiev- ideals of patriotism, sacrifice and re- gallery that they are here as guests of ing its intended goals, has had nega- bellion against the entrenched view the House and that any manifestation tive, unintended consequences, is in- that has now fallen so sick, so sick. A of approval or disapproval of pro- compatible with policies that do work, majority of its candidates in both par- ceedings or other audible conversation is at the mercy of a political process ties run to Wall Street and hedge funds is in violation of the rules of the that can only worsen its prospects, and and mega-buck donors and bundlers House. is based on the premises that are fun- whose real motives often come to light damentally flawed.’’ as scandals. f Using several shocking statistics, Former Member Shirley Chisholm b 1600 McCluskey points out how States are described herself as unbought and lowering, not raising, their educational NO CHILD LEFT BEHIND unbossed. Those of us who knew her standards. They are creating a race to knew she wasn’t kidding when she said The SPEAKER pro tempore. Under a the bottom to ensure that their schools that. previous order of the House, the gen- will not be denied Federal funding. It’s hard to imagine a Presidential tleman from New Jersey (Mr. GARRETT) Let me give you just a couple. In candidate staying unbought under such is recognized for 5 minutes. 2003, the State of Texas decreased the immense pressure to raise money. In- Mr. GARRETT of New Jersey. Mr. number of questions on their test in evitably, those candidates have to turn Speaker, I have stood on this floor sev- order for it to be approved, from 24 to to the superrich or to bundlers, to spe- eral times now speaking about the neg- 20. In Michigan, when 1,500 schools cial interests and unsavory characters ative impact that NCLB, No Child Left were placed on the NCLB need im- who care only about themselves and Behind, has had on our children’s edu- provement list, the State lowered the their special interests and very little cation and, consequently, on our chil- percentage of students required to pass about our country. dren’s future as well. the test in English from 75 down to 42 When we start looking under the Tonight I will speak continuously percent. rocks, it’s hard to say what we will about that as well and the problems The State of Ohio backloaded its ade- find: foreign influence in unregulated until NCLB are fixed. I will continue to quate yearly progress goals, aiming to hedge funds, foreign contributions speak out against NCLB until parents increase proficiency by a mere 3 per- laundered through third parties, cro- and educators are empowered to make cent, 3.3 percent for the first 6 years, nyism taken to the nth degree. the changes that will ensure an envi- but then said they’re going to do a 40

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.080 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11303 percent increase in the last 6 years. Rick Diegel, who has been one of the (Mr. WOLF addressed the House. His They did this of course in hopes of most influential labor voices on Cap- remarks will appear hereafter in the meeting NCLB’s unrealistic goal of itol Hill, is a true champion for Amer- Extensions of Remarks.) having 100 percent proficiency in math ican workers, not just organized work- f and reading in all schools. And there ers, but all workers and their families. PROTECTING THE BILL OF RIGHTS are other studies as well with similar I have known and relied on his good conclusions. counsel for more than 10 years. The SPEAKER pro tempore. Under a In 2005 the Fordham Foundation Under Brother Diegel, the IBEW has previous order of the House, the gentle- compared the State proficiency scores become a respected leader on policies woman from Texas (Ms. JACKSON-LEE) to NAEP scores, with striking results. that affect American working men and is recognized for 5 minutes. The NAEP tests have generally been women as they try to provide for their Ms. JACKSON-LEE of Texas. Mr. maintained at standards over the year, families. Speaker, there are certain principles and so it’s a good barometer. Brother Diegel represents the true that do not divide us by whether we’ve In the Fordham study, of the 20 spirit of public service. A Vietnam vet- Republican or Democrat or an inde- States that have reported gains on eran, he served in the U.S. Air Force pendent and that is, of course, the pre- their tests in 8th grade reading pro- from 1964 to 1968. cious Bill of Rights, and the idea that ficiency, mark this, only three showed Before he came to Washington, we live in a country that is so unique any progress at even the basic level for Brother Diegel was active in politics in and so different and so many people as- NAEP. That means 20 States are saying his native Texas. And for the record, I pire to find just a simple taste of the that since No Child Left Behind things don’t hold against him the fact that he democracy that we enjoy. And yet, after 9/11, all of us gathered are going better. But if you compare it is from Texas. In the 1970s, he served together realizing that if we allowed to NAEP, really not. Only three. three terms as mayor pro-tem of the the terrorists to terrorize us, change Furthermore, in a new study released City of Ingleside. As a member of Corpus Christie our way of life, they had won. today by the foundation, researchers IBEW Local 278 in 1969, he worked for Unfortunately, we have seen a num- note that in at least two grades, twice several contractors in Texas as a jour- ber of legislative initiatives and as a as many States in the U.S. have seen neyman wireman and foreman. So, yes, member of the Homeland Security their tests become easier, not harder, he has worked with the tools. Committee, I take no back step to se- since NCLB was put into effect. And He was elected business manager in curing America. But I understand that that’s my point here. All the studies 1977, a post he held until his appoint- our values of democracy and the pro- are showing that since NCLB went on ment in 1983 to COPE director at the tection of the Bill of Rights should be the books, States are racing to the bot- international office here in D.C. He be- the anchor of this society. And if we tom when it comes to trying to estab- came director of IBEW’s political legis- terrorize ourselves by taking away our lish their tests, the exact opposite of lative department in 1998. rights, the terrorists have won. what this administration tried to do. One of Brother Diegel’s greatest And so I stand here to emphasize cer- I think all of us should be startled, at achievements has been his success in tain basic principles as we look to re- the very least, by this. Appropriately, helping IBEW brothers and sisters get vise the FISA law, and that is, of we should be outraged. You know, if elected to public office, where they course, the law that clearly intercepts, Washington is forcing our schools to work to advance policies that work for undermines the fourth amendment; the basically lower their standards, put- working families. And his success has right to be in your home and to be pro- ting our children’s education at risk, been amazing. tected against unreasonable search and we must act now in this House to re- More IBEW members have been elect- seizure. verse the trend. And with NCLB reau- ed to office than any other organiza- I’m delighted that you will be hear- thorization coming up now, now’s the tion, labor or otherwise. And he has ing, over the next couple of days, along time to do it. worked to create an office within the with a markup coming up, the prin- To that end I’ve submitted a bill, the AFL–CIO to promote the election of ciples enunciated that emphasize the LEARN Act, Local Education Author- working-class brothers and sisters to protection of the values of America. ity Returns Now. It’s H.R. 3177. And local, State, and Federal office And so we simply believe, as I believe, what it will do is very simply, it would throughout the Nation. in joining with a number of colleagues allow States to opt out of the Federal I hope that effort continues to bear to emphasize that we believe that we NCLB system completely, and, at the fruit. The more that we can bring the live in a dangerous world, but we also same time, allow the States to retain issues of average working Americans to should be guided by principles. Those their funding. the forefront, the more we can take principles should ensure that Ameri- I think, to me, it’s very obvious that back the machinery of government cans do not have to be surveilled in States have grown tired of Washington from those who would use it to benefit their homes when they are commu- dangling money over their heads and the narrow interests of the wealthy nicating with fellow Americans. We holding them accountable. And I thank few. should not be suspect of our tele- the Speaker for allowing us to address It is through the leadership of Rick communications companies to think the issue of the reform that is needed Diegel and the efforts of likeminded that they are in cahoots, collaborating in the area of NCLB and talking about brothers and sisters across the Nation with our government to spy on us. the LEARN Act. that we can ensure that the American We realize that there is a difference f Government is working for the people, when we talk about foreign-to-foreign all people. communications, that there is a need HONORING RICK DIEGEL It is with great sadness that I say for surveillance. And I’m here today to The SPEAKER pro tempore (Mr. goodbye to Rick and his wife, Theresa. emphasize that we should stand and HODES). Under a previous order of the But I will remember Rick’s kindness, fight for the protection of the fourth House, the gentlewoman from Cali- his compassion, and his dedication and amendment, to protect you in your fornia (Ms. LINDA T. SA´ NCHEZ) is recog- strive to live up to those ideals in my homes and, at the same time, you can nized for 5 minutes. work on the Hill. be protected against terrorists, because Ms. LINDA T. SA´ NCHEZ of Cali- Congratulations on your retirement, terrorism depends upon making sure fornia. Mr. Speaker, tonight I rise to Rick, and good luck. And as the Mexi- that you have the information. honor a colleague, ally and a dear can saying goes, may you have love, And when you have a court that is friend, Rick Diegel. success and now the time to enjoy made available under the existing On October 1 of this year, the Inter- them. FISA law that was established in 1978 national Brotherhood of Electrical f that understands the necessity and the Workers, the union to which I proudly The SPEAKER pro tempore. Under a urgency of the law enforcement offi- belong, said goodbye to long-time po- previous order of the House, the gen- cers that come to them, then you litical legislative department director tleman from Virginia (Mr. WOLF) is should support the idea of court inter- Rick Diegel. recognized for 5 minutes. vention whenever someone determines

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.084 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11304 CONGRESSIONAL RECORD — HOUSE October 4, 2007 from the Federal Government to inter- Mr. GINGREY. Mr. Speaker, I thank my mouth gets a little dry, as we con- vene and to listen to your communica- you, and I’m proud to be on the floor tinue to speak over these next 30 to 45 tions between one American and an- this afternoon to talk about some minutes. I think we just owe them a other. issues that are very important to me lot of thanks. What they do is much So I stand here today to emphasize and I think very important to most more, of course, than these tasks. And that the court system, the FISA sys- Members of this body and certainly to this young man, Edward White, Mr. tem, the Foreign Intelligence Surveil- the American public. Speaker, is from Atlanta, Georgia. I’m lance Court, is an imperative to pro- Just a few minutes ago, the gentle- from the metropolitan Atlanta, Geor- tect you as Americans when your gov- woman from Ohio (Ms. KAPTUR), a very gia area. I represent northwest Geor- ernment wants to spy on you. well, well respected, fine Member of gia. He’s here through Congressman Will we be safe from terrorists? Abso- this body, did a 5-minute talking about JOHN LEWIS, the dean of the Georgia lutely. Because part of the terrorism is the problem with Presidential election delegation, his office. And I just want to ensure that information is shared financing. And I think her comments, to take an opportunity to thank him with law enforcement so that we can be Mr. Speaker, were so compelling that and all the young men and women that in front of this issue. indeed people, our guests in the gal- help us so much and don’t get as much I am looking forward to the markup. lery, when she completed her remarks, credit as they should. I’m looking forward to an opportunity broke out in spontaneous applause. b 1615 to devise legislation that preserves the Maybe they knew that they shouldn’t, But my purpose of this hour was to preciousness of the Bill of Rights and or maybe they didn’t know, but, you bring to my colleagues, Mr. Speaker, the fourth amendment. We cannot step know, they were responding to some- another issue which has gotten com- back and be subjected to our own ter- thing that they heard that they liked. pletely out of control. And, yes, it has ror, and that is to be frightened so And certainly, I can understand that. to do with spending, kind of on the much that we take the Bill of Rights Folks do that every now and then. I al- theme that Ms. KAPTUR brought to us and extinguish it. most felt like applauding Ms. KAPTUR in regard to Presidential elections, and I may not agree with the interpreta- as well because she was speaking the that is the issue of earmarks. truth and bringing our attention to a tion of the second amendment, but it Now, the general public, I think, is real problem. does exist and it is part of the Bill of fed up with so-called earmark abuse. I used to enjoy so much going around Rights. You may have a different inter- Sometimes we euphemistically will the district, Mr. Speaker, and talking pretation of the first amendment, but refer to those as ‘‘Member initiatives.’’ to school children, whether they were it is part of the Bill of Rights. You may Some people, of course, don’t like that at the elementary, middle or high have a suspect interpretation of the term and they will call it ‘‘pork.’’ But school level, and saying to them, of fourth amendment, but the language is the situation is getting completely out course, they’d always ask, Well, Con- clear: you are to be protected against of hand, and that’s what I want to talk gressman GINGREY, what’s your favor- unreasonable search and seizure. It is about primarily in the next 30 minutes ite issue or what is your favorite thing unreasonable to not go into a court es- or so, Mr. Speaker. tablished to do that, to protect you, to that you do as a Member of Congress? We can solve this problem. We have have a court objectively look at what And I would say to them, what I’m got a problem, and it is not unique to the urgency is and to provide that doing right now; what I’m doing right the Republican Party. It is not unique intervention to protect your rights. now, speaking to young people to try to the Democratic Party. I know some I look forward to working with a to inspire them. And heretofore I would of my colleagues, hopefully, who are number of colleagues on language that say to them, the great, one of the great watching us during this time and I have joined and written to establish things about our country is anybody in maybe the general public is aware of an the parameters of protecting us from America can grow up to be President. article just this past week. And I hold the violation of the fourth amendment. It doesn’t matter who you are or what up the magazine, Mr. Speaker, it is Keep the FISA law as it is. Modernize your background. Anybody in this known as ‘‘CQ Weekly.’’ This magazine it. Ensure that the FISA court that in- great country of the United States of comes out every week. I know that it’s tervenes protects our rights and keeps America can grow up to be President. difficult for Members in the back rows our values, the values that so many Sadly, today, that’s probably not of the Chamber to see the magazine have strived so hard to seek a place in true, and I think that’s what Ms. KAP- that I’m holding up. Maybe the cam- the sun in this Nation because they TUR was trying to point out. There’s eras can focus in on that. But basically truly believe that the democracy and just something wrong in River City the title of this article, and there are the liberties that we have are worth with all these hundreds of millions of several articles written about the prob- protecting, worth protecting with their dollars that have to be raised for a can- lem, is ‘‘Playing the Earmark Game.’’ lives. And I believe here in the United didate of either party, the two major ‘‘Playing the Earmark Game.’’ States Congress, we must stand in that political parties, to have a chance to, Let me reference here in just a sec- tradition. yes, be grown up now and have an op- ond my first slide, this poster to my f portunity to become President. There left, to show you what I’m talking are many people that are very quali- about. ANNOUNCEMENT BY THE SPEAKER fied, I think, that would make a great Now, what is an earmark? Well, an PRO TEMPORE President, man or woman, white or earmark is when a Member of a con- The SPEAKER pro tempore. The black, it doesn’t matter where you gressional district sees a need among Chair will remind all persons in the come from, your meager beginnings those 670,000 people that he or she rep- gallery that they are here as guests of possibly. But you don’t have that resents. Possibly a school system or a the House and that any manifestation chance because of what she was point- county commissioner or just an indi- of approval or disapproval of pro- ing out. vidual, or maybe it’s a Head Start pro- ceedings or other audible conversation And by the way, Mr. Speaker, I want gram, has brought an issue to that is in violation of the rules of the to digress just for a moment. Speaking Member, Mr. Speaker, and says, We House. of young people, I don’t think we take have a great need, Congressman or f enough time to thank our young men Congresswoman, in our district. You and women, our young students, our represent us. We voted for you. We PRESIDENTIAL ELECTION pages that work in this body and in the have great confidence in you. But our FINANCING other body, in the House and the Sen- community has a desperate need, and I The SPEAKER pro tempore. Under ate, on behalf of Members of Congress. want you to ask the Federal Govern- the Speaker’s announced policy of Jan- And usually the pages are here at the ment to try to help us in the funding uary 18, 2007, the gentleman from Geor- request of a Member. And this young process. gia (Mr. GINGREY) is recognized for 60 man that’s here on the floor tonight Well, when the Member looks at that minutes as the designee of the minor- put these posters up for me and made and decides that that is a very worth- ity leader. sure that I’ve got a cup of water in case while project and then sort of applies

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.086 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11305 to the appropriators, that’s called an people where you say, That’s one of our Member initiatives on behalf of the earmark. And it could be a very, very best Members. That is a guy or that is Speaker or anybody else, any other good, worthy project. It could be a a lady that I have known for the last 5 Member of this body, is for anything sewer project, to help a community to or 6 years, and whether she be a Repub- but the most worthy projects in her redevelop to get themselves back on lican or a Democrat, and you think, I district, and I’m sure that that is the their feet, and that is an earmark, but just can’t believe this. I can’t believe case. I am sure that every one of those that’s not bad. And that is when I that that Member would be doing any- Member requests on behalf of Speaker would say this is a Member initiative thing that potentially is dishonest. PELOSI would pass anybody’s smell test and it is an appropriate thing to do. Now, sometimes these newspaper ar- and would survive any kind of chal- But, unfortunately, as this magazine ticles are not a court of law and you lenge to strike them if a Member want- so clearly points out, this process is have to take some of that with a grain ed to do that on this floor, and a Mem- ripe with the potential for abuse. Just of salt. But I am telling you, when you ber can do that and then we have a fair like Ms. KAPTUR was talking about in look into that, Mr. Speaker, and you and open vote on it. No, I am not sug- regard to the financing of Presidential read and you kind of connect the dots, gesting any such thing, and I have elections and that money chase. It is and they are fairly easy to connect, great respect for the Speaker. absolutely ripe, this earmarking oppor- you start thinking if it looks like a But as this article points out so tunity or Member initiative, it is so duck and it walks like a duck and it clearly, everybody in this process of ripe for abuse. quacks like a duck, it may well be a being able to get earmarks for their And let me ask my colleagues to re- duck. So we have got a problem. We district, all Members are not treated flect on this first chart, this first slide, have a problem that we can correct, equally. I can’t remember the exact for just a minute. And this is from the and I think I have got a solution. quote from ‘‘Animal Farm,’’ but you Citizens Against Government Waste, a Now, Mr. Speaker, one of the solu- know what I am referring to. All Mem- watchdog group. Thank God for watch- tions that Members have talked about, bers definitely are not treated equally. dog groups. Citizens Against Govern- and the gentleman from Arizona in That $29 billion worth of earmarks, it’s ment Waste calls this slide pork barrel particular, Representative JEFF FLAKE, not divided equally. If you look at it spending. Pork barrel spending or ear- one of my colleagues, has talked about and you look at it very carefully, as CQ marks or Member initiatives, if you this, about why don’t we just abso- Weekly has done, and nobody in this like. Pork barrel spending, 1995 to 2007, lutely eliminate, totally eliminate, all Chamber, I think, Mr. Speaker, can this year. earmarks? In fact, I have got another deny this, you will see that members of My colleagues and Mr. Speaker, this slide, and I think I will reference that the Appropriations Committee, that is is the total amount for the House and in just a second because this is cer- about 65, it is a very selective com- the Senate, 535 Members. The total tainly the appropriate time. Another mittee. Most Members want to get on amount in 1995 was $10 billion. You can Member on the majority side of the that very powerful committee. They do say that that is a very small percent- aisle has virtually said the same thing. a lot of great work and it is a nice posi- age of the overall world of discre- Let me show you a quote, as we put up tion to be in. But when you look at tionary spending or the total budget, that second slide. each Member, as they have done in CQ which includes, of course, Social Secu- Colleagues, I want you to look at this Weekly, and you see the discrepancy rity and Medicare and Medicaid and all poster, this second slide, if you will. I where some Members may get an op- portunity to bring home $6 or $7 mil- the entitlement spending, mandatory referenced Mr. FLAKE of Arizona, but spending. But $10 billion out of the dis- here is another Member. And I will lion to their district and other Mem- cretionary amount. Well, over these 12 read it for you because it is very dif- bers get an opportunity to bring home $180 million to their district or $100 years, Mr. Speaker, that amount has ficult to see in the back of the Cham- million to their district, and as you grown until the year 2006 to $29 billion. ber, and I understand that. The print- look at it very carefully, it would seem In 2007 it drops down a little bit, but ing is small. And here is what it says, that the members of the Appropria- that was an anomaly because we only and this was a quote from last year in tions Committee certainly get favored passed four of the 12 spending bills, and the Wall Street Journal, in fact: treatment. The members of the leader- the rest of them had no earmarks in ‘‘If she were to become Speaker in ship certainly get favored treatment. them when they bundled. But this the next Congress, Pelosi said she Members that have been here for a long trend is a steep slope upward, and it is would press to severely reduce ear- time who maybe are committee chair- getting worse and worse, both in total marks.’’ men or chairwomen get favored treat- amount and in the percentage of all the And then here’s the quote: discretionary spending that Members ‘‘Personally, myself, I’d get rid of all ment. And the last favored group, Mr. of Congress have an opportunity to of them.’’ Then the quote begins again. Speaker, are those Members who are control. She says, ‘‘None of them is worth the representing districts where it is very competitive and they won by a very So, Mr. Speaker, this chart points it skepticism, the cynicism the public narrow margin, maybe literally by the out very clearly that this spending for has, and the fiscal responsibility of it.’’ earmarks is becoming what I would Now, I want to repeat this. Mr. skin of their teeth, and they are up for call runaway spending, totally out of Speaker, bear with me because I think another re-election where it is going to be really tough. control. And, again, the CQ Weekly this definitely needs repeating because does such a wonderful job of explaining it is really what Ms. KAPTUR said just b 1630 why this process can be so bad. It can a few minutes ago in regard to the So no matter which party is in con- be good, and I think, and I will talk Presidential fundraising activities, and trol, Republicans do this, the Demo- about that a little later in the hour, she got, I guess, what you would call a crats do this, you let that Member get with meaningful legislation that, hope- standing ovation for her remarks. more opportunities, a bigger bite of the fully, Members on both sides of the ‘‘Pelosi said she would press to se- apple, if you will, to give the impres- aisle, Mr. Speaker, the majority party verely reduce earmarks. ‘Personally, sion to the folks back home that and the minority party, can look at myself, I’d get rid of all of them. None they’ve elected the right person; we’ve this and say, you know, Congressman of them is worth the skepticism, the got a Member who really can deliver GINGREY, you are absolutely right. cynicism the public has, and the fiscal this pork back home. They might rail We’re getting sick and tired of picking irresponsibility of it.’’’ Virtually the against everybody else’s pork, but that up the newspaper almost weekly and same thing that my colleague from Ar- which is brought home by their Mem- seeing yet another Member of this au- izona (Mr. FLAKE) has said in this body, ber, Mr. Speaker, is welcomed. So this gust body who has this tremendous Mr. Speaker, on numerous occasions. is the way this process goes. privilege, Mr. Speaker, to represent And yet, Speaker PELOSI is on track On the other hand, a rank-and-file 670,000 for the House Members and an this year to take home $100 million, Member, let’s say a Member of what we entire State for the Senators. What a more than 1 percent of all the House might refer to pejoratively as the ‘‘ob- privilege. What an honor. But you pick earmarks. And I am not standing here, scure caucus,’’ who represents a dis- up that newspaper, and the names are Mr. Speaker, suggesting that those trict where they are absolutely having

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.089 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11306 CONGRESSIONAL RECORD — HOUSE October 4, 2007 no challenge, no difficulty getting re- ber by the total membership of the ber who is philosophically opposed to elected, maybe their district is inner Congress, the House and the Senate, earmarks, give them back to the tax- city and it’s been gerrymandered and and that’s 535 Members, 435 here, 100 in payer, what a breath of fresh air, I drawn for them so that no Member of the Senate. And when you do that divi- think. And then in subsequent years the other party has any opportunity to sion, you come up with a number of $27 what we would do on this bill, Mr. win that congressional seat. So they’re million. Speaker, is we would say that you can in what we call, and we all know this, And you would say to each Member, only earmark 1 percent of total discre- my colleagues, they’re in what we call Mr. Speaker, in this bill, you would tionary spending. a ‘‘safe district.’’ They don’t have to say, you have an opportunity to look in So that would drop that number $14.5 worry about re-election. Hopefully, your district, and if you want to ask billion down to $10 billion. And when they’re doing constituent services and for and receive money from the John Q. you make that division, you’re not they’re representing their people well Public hardworking taxpayer to fund talking about $27 million per Member, in the way they vote, but they really this project in your district, you’re maybe you’re only talking about $20 don’t have to worry about a political going to be limited to this amount in million. And eventually, it may be that challenge. the first year of this legislation to $27 the Members of this body, Mr. Speaker, So when you look in this magazine, million. That means the most powerful will come to the conclusion, as Ms. and you look at this article in regard Member of this body, the most power- PELOSI did and as Mr. FLAKE has done to the fairness issue, you find that they ful Member of leadership, the most sen- consistently, and he has, indeed, put are the ones that get the least amount. ior Member of this body is not going to his money where his mouth is, that And yet in many instances, Mr. Speak- be able to get $180 million worth of ear- maybe more and more Members, my er, they are representing districts, marks while the Members who rep- colleagues, will say, you know, we maybe an inner-city district, a poor resent districts that are most in need don’t really need this earmarking busi- district, a district that has a very poor end up with maybe 3 or $4 million. ness. We let people apply for grants and tax base, it has a decaying infrastruc- Each Member has an opportunity, let projects get funded on their merit, ture, it doesn’t have a good water and then, to ask for and receive the exact and Members then don’t get tempted to sewage system in a certain part of the same amount. Because, after all, Mr. have someone come to them and say, district, and they are the ones that Speaker, think about it, we represent you know, I know you’re a powerful need help more than anybody. And yet 670,000 people, approximately, each Member, and we’ve got this little the way this game is played up here, Member. You know, they have the project back home, wherever it is, in they’re at the back of the line in re- same need. And if we’re going to do whomever’s district in whatever State, gard to what they can bring home to Member initiatives, it ought to be fair and, oh, by the way Congressman, what their district. I think many times and evenly balanced, and that’s basi- can we do for you? Can we have a little fund-raiser for you? I’ve got some peo- Members don’t complain about that be- cally what this bill does. ple back in the district that would love cause they’re afraid if they complain, You know, if a Member like Mr. to help you, know you’re doing a great they’ll get nothing. You know, it’s a FLAKE or like Ms. PELOSI, as she was job for us, and you just get back to us little dangerous to complain. quoted in the Wall Street Journal last So, Mr. Speaker, I come here this year, decides, you know, I don’t like and let us know what you want us to hour and talk about this, yeah, with a this process, I think it’s inherently do for you; but keep this project in little bit of trepidation. Have I, as Con- wrong, and it has the potential for mind, it really means a lot to us. And that project may be $2 million, it may gressman GINGREY, who represents the massive abuse, and as she says, None of be $5 million, it may be a $25 million 11th Congressional District of north- them is worth the skepticism, the cyni- project. So that’s how this happens, west Georgia, have I ever asked for a cism the public has for them, and the Mr. Speaker. I think Members just sort Member initiative? Absolutely. And fiscal irresponsibility, then if Mr. of fall into the trap of all of that. I’ve been able to deliver on occasion, FLAKE or Ms. PELOSI said, you know, I What I am trying to do is two things. not always; most of these requests are don’t want any earmarks for my dis- I’m trying to save money for the tax- turned back. But if it really has merit, trict, let them apply for grants payer of this great country and stop yes, I have. And I hope, as I spend this through the normal process, I will help this runaway spending and cut down time on the floor talking about this them, my office will help them, Mr. these budget deficits and reduce this issue that’s so problematic, that there Speaker, and try to show them how to national debt, which is approaching $9 won’t be any reprisals or repercussions write a grant if they don’t know how to trillion; but I’m also trying to keep my because of that. Because I’m trying to do it, but I’m not going to specifically colleagues on both sides of the aisle do it, Mr. Speaker, in a bipartisan way ask for any earmarks, then that from becoming corrupted because of a with a spirit of cooperation and want- amount, if it’s one Member, $27 mil- corrupt system. ing to do as Ms. KAPTUR was wanting lion, Mr. Speaker, what we would do is And that’s really what it’s all about. to do in regard to Presidential election subtract that amount from the 302 Al- That’s why I wanted to not rush out of financing, do what’s right for this Con- location of Discretionary Spending. here on the last vote and catch the gress, do what’s right for this body. So you would spend $27 million less first plane back to good ole Georgia, So here is my proposal: we have in- during that fiscal year because that which I’m looking forward to doing troduced legislation, and it’s called the Member said, you know what, I agree maybe tomorrow; but I felt like it was Earmark Reform Act of 2007, H.R. 3738. with Ms. PELOSI and I agree with Mr. important enough to come to the floor We just introduced it today; we had a FLAKE and several other Members of and to say to all of my colleagues on press conference on it today. I was this body that it’s wrong; it has too both sides of the aisle that I see a bet- very, very pleased to be joined with much potential for corruption. And if ter way. And I think we can do this in two of my colleagues at the press con- we have enough Members, let’s say you a bipartisan fashion. ference, the chairman of the Repub- had 10 Members say that, then you’re And I will say this, Mr. Speaker, if lican Study Committee, Mr. talking about $270 million. People we can’t do it in a bipartisan fashion, HENSARLING of Texas, and my good could say, well, Congressman GINGREY, this Member, this Republican Member, friend and classmate, the gentleman you know that’s a very small portion and hopefully his colleagues on this from New Jersey, Representative of the budget; it’s just a drop in the side of the aisle, would make a pledge SCOTT GARRETT. ocean. Well, $270 million in my district to the American people that, you And here is what I would do, Mr. is much more, Mr. Speaker, than a lit- know, we got your message loud and Speaker: I would immediately say to tle drop in the bucket. It’s real money. clear in November of 2006. We under- the American public, we are going to And so, this idea, then, of, first of all, stand why we’re no longer in the ma- slash these so-called ‘‘earmarks’’ in in my bill, immediately cutting this jority, because we lost our fiscal dis- half for the next fiscal year. We’re number, that number of $29 million in cipline; but we’re going to get it back, going to drop the number down from half, and then just say let’s give every and we’re going to start with this. $29 billion to $14.5 billion. And then Member the same opportunity, the And this is not a baby step; this is a we’re going to simply divide that num- fairness issue, and also let each Mem- giant step. If you feel like maybe the

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.091 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11307 better approach would be to totally glad my good friend from Georgia (Mr. been a reality in the 109th Congress, eliminate earmarks, well, maybe we GINGREY), we came into the Congress the Congress before this Congress, is will get there. Maybe Members will see together, Dr. GINGREY, good friend, I the fact that it is paid for. Now, I am that this can work and it will work. want to borrow that chart from him going to illustrate in a few minutes And so, Mr. Speaker, again, the op- because it shows how earmarks were how things used to operate here on this portunity to be here on the floor to cut in half when the Democrats took House floor. The American people want talk to my colleagues, I’m sure I would over. But that’s another story. But I’m to move in a new direction. At my have some other speakers if it were not glad that he has the accurate numbers house, if we are going to do something, for the fact that we had our last vote there, and I’m glad that we’re going to we have to figure out how we are going an hour and a half ago and Members have an opportunity to talk about that to pay for it. We are not going to say, needed to get home to their district, a little bit more in the future. We will put it on a credit card and get and work hard, and I understand that. b 1645 it on some unforeseen date somewhere But there are a lot of Members that down in the future that is not nec- Mr. Speaker, we came to the floor feel very strongly about this. essarily lined out or identified yet, but yesterday, or last night, and talked We have, I think, 25 cosponsors of the we will figure it out somehow. We are about the issue of the President’s veto legislation, again, H.R. 3738, the Ear- going to end up in foreclosure or we are of the SCHIP bill. We, the 30-something mark Reform Act of 2007. It’s an issue, going to end up in a financial situation Working Group, received a lot of e- Mr. Speaker, that’s not going away. we can’t get ourselves out of. mails on that, and we received a lot of And I wouldn’t be a bit surprised if That is the position we find ourselves phone calls. There were a number of next week and the next week and the in now, Mr. Speaker. That is the reason Members that even had questions like, next week we don’t hear about more why, in the majority, this House and ‘‘Is it true that 41 days of what we and more Members whose action in re- the Senate agreed in the pay-as-you-go spend in Iraq could pay for a full year gard to earmarks is a little question- principles to make sure that if we say of health care for children? Is it true, able. And, you know, when you start we are going to spend something, we 31⁄2 months of what we spend in Iraq, connecting the dots, in some cases it are going to pay for it. So that is very, which will come out to almost $35 bil- very important. When we look at some can become very, very questionable. lion, will pay for children’s health care So let’s try to do the right thing. I’m for 5 years?’’ On both of those ques- of the issues that the other side may going to appeal to Members on both tions I would say, ‘‘Yes. Absolutely. bring up as it relates to fiscal responsi- sides of the aisle to be a cosponsor of The numbers are there.’’ I am going to bility, you have to look at, you just H.R. 3738, which immediately cuts the have my charts here that I had last have to look at the irresponsibility, or total amount of earmark spending in night hopefully join me here on the the lack of responsibility, that the Re- half, and it makes sure that no one floor pretty soon. publican side had when they were in Member, no matter what party, major- It is very unfortunate, Mr. Speaker, control of this House. ity or minority, no matter what com- that there are people that are focusing When you look at $70 billion for the mittee, committee chairman or rank- on the President. As far as I am con- war in Iraq, $50 billion in subsidies to ing member, no matter how threatened cerned, the President said he was going oil companies, $8 billion, these are bil- a Member might be politically that to veto the SCHIP bill, the children’s lions, these are not millions, in loss, you want to shore up with these little health care bill, and he did. Now it is waste, fraud and abuse of no-bid con- trinkets of goodies, that’s not right, up to Members of Congress. Yesterday tracts and billions for schools and that’s not the right way. And if we we voted to set the date for the time roads and clinics in Iraq, but we cannot can’t do it the right way, then I would that we are going to take up the SCHIP do the same for our children. join Mr. FLAKE in saying, Let’s get rid bill again to override the President’s I am speaking in a very simple way of all earmarks. veto. I think between now and then, here today, Mr. Speaker, because I In the meantime, I think this is not Members are going to have to reflect want to make sure that Members to- a baby step, as I pointed out, indeed, a on if they are on the side of the Presi- tally understand what I am saying. I giant step in the right direction. And if dent, of a bad decision that was a bi- don’t want to lose anyone with a whole we can’t do it right with that, then the partisan bill, Mr. Speaker, that Demo- bunch of acronyms in talking about next step should be, I think, total crats and Republicans voted in a bipar- things that are way out, pie in the sky, elimination. tisan way to send that bill to the Presi- and some folks may not understand I thank the Speaker and I thank my dent, or are they with the uninsured what is going on. The bottom line is, 10 leadership for giving me this oppor- children of this country. million kids need health care for 5 tunity to do this hour. I thank my col- Like I said last night, there are a years. leagues for listening, for being here, number of provisions in the bill that The other bottom line is the fact and to try to understand that this is a some Members may not agree with. I that we showed how we would pay for Member who is not overly partisan, have been in elected service now going it, not building into an everlasting who has friends on both sides of the on 14 years, Mr. Speaker. There has al- debt. Now, I am glad that this chart aisle, that wants to help all of the ways been a provision in a bill that I has made it to the floor. I think it is Members, but ultimately to get back to didn’t agree with. But for the greater important. I pulled it out last night, helping the American taxpayer and to good, especially when you are talking and I have been using this chart almost restore fiscal responsibility in this about health care for children, I saw for the last 3 years. We have been up- place. past that one line or that one provision dating it, but I think it is important. And with that, Mr. Speaker, I yield or that one piece that was not in there. We talk about foreign debt and we talk back the balance of my time. I just want to say that this health care, about the Bush administration and Re- f and let me just share this because I publicans here in Congress what they want to make sure that the Members were able to do, $1.19 trillion in get 30-SOMETHING WORKING GROUP understand, that 10 million low-income debt over the last 6 years, and that is The SPEAKER pro tempore. Under children would have had health care in between 2001 and 2006. These numbers the Speaker’s announced policy of Jan- this country. Now, that is in every are from the Treasury Department. uary 18, 2007, the gentleman from Flor- State. That is in my State of Florida. These are not KENDRICK MEEK num- ida (Mr. MEEK) is recognized for 60 min- That is in Ohio. That is in California. bers. Forty-two Presidents, 224 years, utes as the designee of the majority That is in New York. That is in Texas. $1.01 trillion. I say that to say that the leader. That is in Wyoming. All over. I think days of just stacking on top of the $1.9 Mr. MEEK of Florida. Thank you it is important that we shed light on trillion are over. very much, Mr. Speaker. It’s an honor that and we continue to talk about Now, when we start going down the to address the House one more time. that in the face of wasteful spending in line of what is important here, and As you know, the 30-something the past. what is important is making sure that Working Group, we come to share with Another thing about this children’s domestically we look at the needs of the Members fact, not fiction. I’m so health care bill that wouldn’t have our children and also of our country.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.092 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11308 CONGRESSIONAL RECORD — HOUSE October 4, 2007 This is just an example, just to show on this Thursday evening after we took tion to what is happening right now in you the per month. Now this is talking our last votes of the week. I could be the country to talk to your Member or about college costs, but when you look somewhere on the telephone talking to to talk to your ranking member and at the per-year costs, that is $120 bil- constituents, or I could be in my house say that maybe you need to reconsider lion. I said, four and, 31⁄2 months. I here in Washington enjoying some time your vote. pulled this chart just to prove a point. with the kids and the family. But I de- Now, I am talking inside politics here 31⁄2 months, $10 billion a month pays cided to be here because representation under the dome. Because I don’t think for the children’s health care program. is very, very important in this 2-week that this is an us-against-them kind of That is every State block grant, and span. One day has already passed. We philosophy because we have to all be on the States get to apply it the way they have 9 days left. I want to make sure the side of children. Like some folks want to. Many of them use private that American people and every Mem- say out in the neighborhood, it is what health insurance companies to provide ber of Congress know that in another 9 it is. And the bottom line is, 10 million that level of insurance that those kids days, there will be an action to over- children need health care and we need need. ride the President. every person on the ground making So when the President and some What side are they going to be on? that happen. other folk in this Chamber in the mi- Are they going to be on the side of the Also, I think that it is important, nority, our Republican friends, they children and on behalf of the people of Mr. Speaker, and I just want to point start to talk about socialized medicine, the United States? Or are they going to out what happened recently. This is a I don’t know where they are getting be on the side of the President and the picture of one of the first actions that these numbers from. I don’t know bad decision? I am not saying the we took here in this House. You re- where they are getting the logic from. President is not for the folks, for the member. We all voted on it, to put But I can tell you what will be historic good people of the United States of benchmarks in and also timelines as is making sure that we are able to en- America. All I’m saying is that 10 mil- relates to giving responsibility or man- force this piece of legislation. lion children that are poor and families dating responsibility of the Iraqi Gov- I think it is important for Americans would have had a guaranteed health ernment to rise to the occasion to pa- to weigh the kind of enthusiasm that care opportunity in their State, at trol the streets of Baghdad so we don’t the President has and our Republican least 10 million of them. That is a big have to continue to watch our troops colleagues may have or they do have number. having to do door-to-door neighbor- on behalf of the Iraqi children. I’m So when I hear the President talk hood-to-neighborhood checks. Put the sorry. I am a United States Congress- about our obligations to Iraq, I can’t Iraqi folks up front and allow them to man federalized by the people of the help but think about our obligations do it, or make them do it, so that we 17th Congressional District to come up here to the kids here in the United don’t have to continue to click off $10 and give representation to them and all States and families here in the United billion a month, some $3,316 a second in Americans. I care about other kids in States. I am just as passionate as any- Iraq, because every time we stay there other parts of the world. I have been to one else may be about it. I share that another day, another month in a com- Iraq. I have held Iraqi children in my today because I want my Republican bat mode, we continue to lose out. arms. But guess what? I have held colleagues who did not vote, those that After that, the vote was so over- American children in my arms. It is voted for the SCHIP bill, congratula- whelming to do that, or, as the major- not about my kids. I have two kids. We tions. Thank you on behalf of all Amer- ity, until that, the Speaker and Leader have health care. I thank God we have icans and the 10 million children that REID decided, let’s override the Presi- health care here in Congress. The peo- are seeking health care. But for those dent because the people wanted a new ple elected me to come up here and rep- who did not vote for the SCHIP bill, for direction here in the United States. resent them not for me to have cov- the children’s health care bill, I am Not just Democrats, not just Repub- erage and not for my kids to have cov- asking you to rethink your decision for licans, but the people of the United erage that they are not allowed to two reasons; one, you have another States want it. have, especially those that are finan- chance to do the right thing if you b 1700 cially challenged. missed the opportunity to do the right So I want the Members who are not thing when we pass the children’s Well, here are some of my good thinking about overriding or who are health care bill here on this floor. You friends that are here with the Presi- thinking about joining in with the have an opportunity to do the right dent, my Republican colleagues, not President and not allowing the Con- thing. The second thing, I think more one Democrat in this crowd, outside of gress, this great democracy, the House Americans are focused, 72 percent of the White House standing with the and Senate, to override the President Americans in a bipartisan poll said President. Mr. President, we are going on this very bad decision. I also think that they agree with the version of the to be with you and we are not going to it is important to highlight the fact children’s health care bill that we allow the Congress to override your that we have had a number, a number passed throughout this floor. So that veto. of editorials throughout the country, means they could be on the right side Now, what happened after this event? of papers, either it be rural America or of the issue, and they can provide Well, the approval rating of Congress urban America, either it be the East health care for 10 million children that overall went straight down. The Amer- Coast or the West Coast or the Midwest many of them reside in their own con- ican people wanted action, and they or the Deep South or the North by the gressional districts. I said I would give got more of the same. Canadian border, all throughout the you two. I gave you three. And I can go I don’t want another picture like country, they have called the decision on and on and on. this, Mr. Speaker, because in nine that the President made a very, not I think it is also important for the days, if we find that our Republican only unpopular, but wrong decision. staff here in Congress. I have a chart colleagues run back down to the White The President is not running for re- that my former chief of staff left with House and stand on the steps with the election, but we Members of Congress me. It is actually a picture, Mr. Speak- President and say we stand with the have to run for election every 2 years. er. It is an iceberg. It has a little tip of President and we will not allow the The reason why we have elections is to the iceberg up there, a little triangle Congress to override his veto, I think it bring about accountability and to just kind of showing the top, then un- will be a very sad day in the United make sure that people back home in derwater you can see a majority of the States of America when we provide their given districts have the right peo- iceberg which is almost 80 or 90 percent health care for children abroad, and we ple up here. of the iceberg. At the top it says, Mem- are spending $120 billion a year, and I think it is important for people to ber of Congress. Right under the ice- counting, in Iraq, and we have Mem- pay very close attention. Mr. Speaker, berg it says, Staff, Congressional staff. bers of Congress and we have a Presi- if this were about politics, I wouldn’t I think it is important for those mem- dent who doesn’t want to provide spend the time to come down to the bers of the staff that are paying atten- health care for 10 million children here floor. I could be doing something else tion to this debate and paying atten- in the United States.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.093 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11309 I feel we are up here to represent es- veto; it will resound for years and I am going to share with you, and if pecially those that are most vulner- years to come. this was about politics, I wouldn’t say able. I guess because the kids that will You know what the wonderful thing I this, and thank you for yielding, some be eligible for the SCHIP program, have to say to Mr. RYAN and Mr. MEEK of the new Republican Members that they can’t vote, they are under 18, is? That today I have been going are on the other side can very well be maybe that is the reason. around the floor of the House talking reading the paper and watching Con- But I ask, Mr. Speaker, that those of to some of my colleagues who voted to gress on television after next Novem- us that are adults, if you are a grand- support the SCHIP bill several weeks ber if they vote against a chance for 10 parent or granddad or you are a senior, ago and asking them are they going to million children to receive health care. or you are a mother or father or an hold up their vote; are they going to Mr. Speaker, I don’t care who you aunt or an uncle, or if your kids have vote with us when the time comes up are, I don’t care where you came from, health care, and we talked about that on October 18. And I haven’t run into if you’re a stone-cold conservative, Re- last night, because my kids go to anybody yet, except for one who has publican, what have you, we are talk- school with other kids, and if someone got an issue about something else, that ing about something that is paid for. is in that classroom that has not re- said they won’t be with us again on Oc- It’s not going into the debt. We are ceived health care insurance and they tober 18 when it is time to override the talking about something that provides have a cold or they have some sort of President’s veto of the State Children’s health care for the most vulnerable ailment, my kids are going to end up Health Insurance Program. children in the United States of Amer- falling victim to that. This program has been so valuable. It ica, and we are talking about doing the With that, Mr. Speaker, I have two of has been so useful. It has been a hall- right thing as it relates to good gov- my good colleagues from Ohio, they are mark for children, 6 million children in ernment. The same individuals vote for about an hour-and-a-half away from the United States of America; and it is subsidies for oil companies but they each other I guess by car, the Chair of time for us to extend it to another 4 don’t want to vote on behalf of the the Ethics Committee and a member of million and to every child in these kids. the Ways and Means Committee, who I United States who needs to have great Mr. RYAN of Ohio. This is about am happy to serve with on that com- health care, some of the greatest making our country more competitive, mittee, Mrs. STEPHANIE TUBBS JONES, health care that is given to all the rest period. This is a moral issue. This is an and also Mr. TIM RYAN from the great of the people. issue that needs to be handled, and town of Youngstown, Ohio. The funny thing is, I happened to be needs to be addressed. But as our friend With that, I would like to yield to over in the United Arab Emirates, and from Cleveland was saying, this is Mrs. STEPHANIE TUBBS JONES. I was seated at the table of one of the about those kids in Cleveland and Mrs. JONES of Ohio. Mr. Speaker, I higher-ups of this country, and he said, Youngstown and Miami becoming more thank the gentleman from Florida for you know, my father just came back competitive because they are yielding. from Cleveland getting health care healthier, they go to school healthier, Mr. Speaker, this is like deja vu. We services. I said, he did? And I got the they are not getting all the other kids were right here last night talking information. sick, and therefore everyone in the about many of these same issues. But I am not mad at him. He can come classroom is at a better starting point these issues are so very important to here, we have the greatest health care to learn. the people of America, to the children in the world, and he can get it. But how When you talk about competing with of America, that it just makes sense is it that children right here in Amer- China, you talk about competing with that we are back here again trying to ica can’t get that same health care? India, 1.3 billion people in each coun- make sure that people across America That is the problem, and we got to fix try, and we only have 300 million, we understand the importance of pro- it. need to get everybody on a level play- viding health care for children across Mr. MEEK of Florida. Real quick, re- ing field. That is what this Children’s America. claiming my time, that is a perfect ex- Health Care Program does. I was sitting and smiling as you were ample of what we were talking about. I Mr. Speaker, look at what the Presi- talking about your children, or some- mean, you weren’t drinking any dent would do by not signing this bill. one having a child and they go to day ‘‘Haterade’’ or anything like that. You Our bill will cover all of these kids. It care and they come back home and the were just like, wow, I have constitu- is a bipartisan bill, the congressional next day they are ill. The germs just ents that would love to get the same bill that passed; 3.8 million additional keep floating around and around. If health care. kids. Now if the President gets his way, you have children that don’t have ac- Mr. Speaker, that is what I was talk- in his budget 840,000 children will lose cess to health care, you present a real ing about just 10 minutes ago, kids their SCHIP coverage, because health problem for other children in day care, abroad having opportunities that care costs are going up, more kids are and for yourself as well. American kids don’t have, and then we going into the system, the poverty rate It is a problem that not only will have a President to speak passionately is going up. So this is about making us greet those who vote against this legis- about our responsibilities in Iraq and more competitive by making sure that lation in 2007 and 2008, but they will Iraqi children. But, better yet, we have the poor kids, middle-class kids in our look back on these young people who children here in the United States, Mr. country, have an opportunity to get a are now 4, 5, 6, 10 years old, in 10 years Speaker. little bit of health care. these children will say, well, where I can tell you, it is so wrong, the veto Mrs. JONES of Ohio. Yesterday, were you when I needed some health that the President carried out. I mean, again, we had an opportunity to have care? Now that I am old enough to it is so wrong. I don’t know how, Mr. this discussion. The interesting thing vote, I remember back in 2007 when you Speaker, to be honest with you, I don’t is that we are not alone in the position voted not to support children’s health know how Members cannot vote to that we have taken about SCHIP. We care across America. I remember. I override the President. Because, Mr. are not alone, because newspapers might have been a better athlete. I RYAN, you know, and we said several across this country, across the country might have been a better student. I times on this floor, that you have the newspapers have said that this might have been able to go to medical Members now, and you served with President is wrong. school. Instead, because I wasn’t able them too, Madam Chairman, that are The Washington Post: ‘‘Children’s to have the appropriate health care, I watching us now and reading about the Health Check.’’ wasn’t able to pay attention to what is Congress, that was once upon a time, The Austin American Statesman: going on in class, I wasn’t able to have Mr. Speaker, a Member of Congress. ‘‘For many kids, the doctor is not in.’’ the appropriate dental care, I am doing They make bad decisions. Republicans, The Atlanta Journal-Constitution: X. Democrats and independents said, ‘‘Kids lose out to politics.’’ So it will not only resound through- guess what, we are going to send some- The Chicago Tribune: ‘‘A sound chil- out America in 2007 on October 18 when body up there that can make good deci- dren’s health bill,’’ talking about we vote to override the President’s sions. SCHIP.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.095 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11310 CONGRESSIONAL RECORD — HOUSE October 4, 2007 The New York Times: ‘‘Overcoming a when he goes to a fancy Navy hospital. think it is important for us not just to veto and helping children.’’ Many of us, we don’t have to go to the focus on the action of the President. The Daily News: ‘‘Presidential mal- emergency room. Many families who We do have the opportunity to over- practice,’’ the veto on SCHIP is ‘‘Presi- have health insurance, they don’t have ride. The President, like I said last dential malpractice.’’ to go. But there is a segment of our night, he can’t run for reelection again The Sacramento Bee: ‘‘The SCHIPs population that is forced as a last re- because he is term limited out. So the are down.’’ sort to end up in an emergency room only way the American people can The Akron Beacon Journal: ‘‘SCHIP because they have nowhere else to go. stand in judgment of him is when at the brink.’’ Mrs. JONES of Ohio. Then the Presi- someone calls their home and asks how The USA Today: ‘‘Plan to protect dent says, if the gentleman will yield, they feel about how the President is kids’ health spawns needless veto that everybody in America can get running the country, and those num- fight.’’ health care because they can go to the bers are very, very low as to whether The Charlotte Observer: ‘‘Vote for emergency room. Could you imagine if the President is doing a good job. healthy kids.’’ the 4 million children who don’t have But when you look at this issue of The Des Moines Register: ‘‘Don’t any health care coverage lined up in health care, I think there this is a gut abandon kids needing health care.’’ emergency rooms all across America, check for many Members of Congress. Charleston Gazette: ‘‘Child health— what a dilemma we would be in. It’s There are some numbers, and I heard override the President.’’ just outrageous. Congresswoman STEPHANIE TUBBS The Houston Chronicle: ‘‘Wrong pri- Mr. Speaker, the other important JONES asking Members on the floor orities—Presidential veto of SCHIP ex- thing we have to think about is the today that voted in the affirmative for pansion would place ideology over chil- fact that when families have children the bill: Are you going to vote with us dren’s health.’’ who are sick in them, that means par- to override the President? Out of two The Republican: ‘‘Bush abandons ents have to stay off work, that means conversations I heard, it was ‘‘yes.’’ kids on health insurance.’’ they aren’t able to function or pay at- And the Connecticut Post: ‘‘Insur- But I think it is important that each tention on the job, that means they are Member of Congress start to use their ance change to help children.’’ dysfunctional at their job if they go Do you know what I heard the Presi- relationships with other Members of there because they are going to have to Congress, especially with the other side dent say today? ‘‘I am willing to nego- leave and pick up their children. I tiate.’’ of the aisle. My conversation with mean, it goes on and on and on. some of my colleagues today have Mr. President, don’t negotiate with Health care for children is good for our children. Give them health care. been, Please, I kind of like you. I think America, it’s good for American busi- you are a nice guy. I don’t know if you Forget the negotiation, forget the po- ness, it’s good for American families. litical stuff you’re trying to do on want to make a career decision to be George Bush needs a wake-up call. with the President because that is SCHIP, and all your Republican and Mr. RYAN of Ohio. How about the what is going to happen. The President Democratic colleagues in the House. fact, before I go to my friend, my good is talking about negotiating on chil- Override the veto. friend, how about the fact that we want dren’s health care when, and I am look- Mr. RYAN of Ohio. Mr. Speaker, the to help these kids before it’s an emer- ing at a quote here, and quotes and President said the other day, these gency. You’re saying to go to the emer- past statements by the President, I kids can go to the emergency room. gency room. Mr. President, we don’t Mrs. JONES of Ohio. Have you ever want to wait. Mr. Speaker, we don’t don’t think they hold any great value been to the emergency room? want to wait for it to be an emergency, as to what he is going to do if it has Mr. RYAN of Ohio. Yes. for God’s sake. nothing to do with Iraq. Mrs. JONES of Ohio. What’s it like? He said at the Republican National Mr. RYAN of Ohio. If you can get in. b 1715 Convention in 2004: ‘‘In a new term, we For many of the kids, you sit there and Now, we understand that the way will lead in an aggressive effort to en- wait for hours and hours and hours, if things have been run by this executive roll millions of children who are eligi- you can even get in; and the cost, and branch over the past 6 years, every- ble but not yet signed up for govern- this is the point that we are trying to thing does seem to turn into an emer- ment health care insurance programs. make, we are trying to save the tax- gency. There is always a crisis going on We will not allow the lack of attention payers money. There is a reimburse- with these guys. But this is about pre- or information to stand between these ment that goes back to these emer- ventive care, saving the taxpayers children and health care that they gency rooms when they cover charity money, and making very smart, pru- need.’’ care when people go in without health dent investments with the hard-earned Well, I can tell you, based on his insurance. money that people send here. veto, he is standing in the schoolhouse Mr. Speaker, now, many of us can go, Mr. MEEK of Florida. Before I say door as it relates to children receiving and you talk to the CEO who runs a something here as it relates what you health care. I have been talking to my hospital, and I have one in mind in my just said, Mr. RYAN, I think it is impor- colleagues in the halls and saying, Lis- district that I talk to all the time, tant for us to at least look at the argu- ten you need to be on the side of the where he tells me at every meeting we ment that the President has not been children. Not with the Democrats, not are at, whether we are talking about able to make. He hasn’t been able to with some group, either liberal or con- giving money to build another hospital make that Democrats on Capitol Hill servative, moderate, you have to be on or expand their facilities, or anything are trying to do something that the the side of the children. else, he always brings this up. I would American people should not do. We Mrs. JONES of Ohio. Lest you think rather give these kids a prescription can’t say that because 18 Republicans it is only Democrats saying SCHIP is a for $20 or $30 than to see them two or in the Senate supported the bill along good bill, let me read the statements of three weeks later come into the emer- with the Democrats. It is bipartisan. some of my Republican colleagues. gency room with pneumonia, and it And 43 Governors, including 16 Repub- Senator PAT ROBERTS of Kansas said: costs $20,000 or $30,000. licans, are in support of the SCHIP bill ‘‘The administration is threatening to This is what this bill does. This saves and children’s health care, and 270 or- veto this bill because of ‘excessive us money, not to mention the fact that ganizations representing millions of spending’ and their belief that this bill the kid will miss school, the kid will go Americans are in support. And a strong is a step towards federalization of to school and get other kids sick. But majority of the American people are in health care. I am not for excessive to have a President of the United support. I have the quotes here, and I spending and strongly oppose the fed- States in 2007 lack the sensitivity of hope to put it on the 30-something Web eralization of health care, and if the what these families go through who do site about what Republicans have said administration’s concerns with this not have health care, to say, well, you about the veto and even prior to the bill were accurate, I would support a can go to the emergency room. veto. veto. But bluntly put, they are not.’’ Mr. Speaker, the President doesn’t I think it is also important to point That is Senator PAT ROBERTS of Kan- have to go to the emergency room out, Mr. RYAN and Mrs. TUBBS JONES, I sas.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.096 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11311 JIM RAMSTAD of Minnesota said: ‘‘We were debating it, there were very few mane Association; American Mental have a moral obligation to cover all Republican House Members that even Health; American Music Therapy; our children so every child in America wanted to come down here and make American Network of Community Op- can grow up healthy. It is the right the argument about what is going on tions and Resources. All of these orga- thing to do. It is also the cost-effective here. nizations want SCHIP to be reauthor- thing to do, and that is why I strongly We continue today, and we will next ized. American Nurses; American Psy- support extending and expanding week and the following week continue chiatric Association; American Speech- SCHIP. I also hope we can work to- to urge the President. But we need the Language-Hearing Association; gether to provide greater access to pri- American people to stand up and say AMERIGROUP Corporation; Anchor vate insurance coverage for America’s can’t Congress at least agree on health House. children and other uninsured Ameri- care for children. And the only road- All of these organizations want cans. There is no better investment block is the President’s veto pen and a SCHIP, and the list goes on. Centene than to invest in the health and well- group of Republicans in the House. Corporation; Center for Civil Justice; being of America’s children.’’ That is Before I yield, I want to be sure to Center for Community Solutions of JIM RAMSTAD. say that the socialized medicine argu- Cleveland, Ohio; Center for Law and Mr. REGULA, one of the senior Mem- ment is a red herring because the Re- Social Policy; Center for Medicare Ad- bers in the House of Representatives publicans created this bill in the 1990s, vocacy; Center for Public Policy Prior- said: ‘‘I voted today with the majority signed by President Clinton, but in a ities; Central County United Way; Chi- of my colleagues in the House of Rep- Republican-controlled House. cago Foundation for Women; Child and resentatives to extend SCHIP to ex- Mrs. JONES of Ohio. Mr. Speaker, Adolescent Health Measurement Initia- pand health care access to the children the other interesting thing is when you tive; Child and Family Policy Center; of working parents whose income is too have 270 organizations from all over Child Care; Child Welfare; Children high to qualify for Medicaid but who, this country signed onto a letter to the First for Oregon; Children Now; Chil- for one reason or another, do not have President urging him to support dren’s Action Alliance; Children’s De- any health insurance coverage through SCHIP, and I am going to just read the fense Fund, and the list goes on. How their employers. The program has last paragraph which says, ‘‘We know can this President stand up to all 270 proven to be extremely successful in you agree that our children are our Na- organizations? covering many children who have fall- tion’s most precious resource, and that Mr. RYAN of Ohio. Those groups en through the cracks and providing investments in health care for kids want it. Mr. MEEK of Florida. They do want them with quality preventive and reap benefits that last a lifetime. We it. And the thing about it, they should acute health care. This bill provides urge you to stand with our children want it and Members of Congress States with new tools to enroll more and to put their interests ahead of the should want it. These are children. eligible low-income children with partisan rhetoric that is threatening a They don’t wear $800 suits and $200 silk health care coverage.’’ That’s RALPH timely SCHIP reauthorization. We wel- ties and all of the things that big-time REGULA of Ohio. come the opportunity to discuss these issues with you and to work with you folk wear here in Washington, D.C. VERNON EHLERS of Michigan: ‘‘I grew But I think it is important that let- on this and other initiatives to be sure up with acute asthma, and I know per- ter that was sent to the President that all of our Nation’s children have sonally how important it is for kids to should be sent to Members of Congress access to the health care coverage that have access to affordable health care. to remind them the reason why they This bill will continue to provide they need.’’ Mr. MEEK of Florida. These are the are up here. health care coverage to millions of Some Members say KENDRICK is not organizations that would like, that children who otherwise would be unin- talking about me. He can’t be talking want children to have health care. Am sured.’’ about me. Finally, from STEVE LATOURETTE, I correct? Republican from Ohio, ‘‘The children’s Mrs. JONES of Ohio. That’s correct. b 1730 insurance program is too important to First Focus of Alexandria; National Someone who might have read the not support.’’ STEVE LATOURETTE. Association of Community Health Cen- CONGRESSIONAL RECORD, said, well, he’s Mr. RYAN of Ohio. One of the argu- ters; AARP; Action for Children of not talking about me; yes, you too. ments we get from what is a shrinking North Carolina; African American Your children, too. Your grandchild, minority of Members of the House that Health Alliance; AIDS Alliance for too. So if you’re within the sound of aren’t helping the override proceedings Children; AIDS Institute; Alliance for my voice and you hear what I’m say- is that this is socialized medicine. And Children, Youth & Families; Alliance ing, your neighbor’s child, too. Your Bush is saying that this is somehow so- for Children and Families; Alliance for child will be affected by 10 million chil- cialized medicine. Excellent Education; Alliance for Re- dren not having health care, will be af- When this bill passed in 1997, there tired Americans; Aloha United Way; fected by the lack of health care that was a Republican House and a Repub- Ambulatory Pediatric Association; that child will not have if the Presi- lican Senate and a Democratic Presi- American Academy of Child and Ado- dent and the Republican minority have dent. So what you are saying is Newt lescent Psychiatry; American Academy their way. Gingrich and friends during the 1990s of Family Physicians; American Acad- Now, I commend Democrats that were for socialized medicine because emy of Nursing; American Academy of voted for the bill, I commend Repub- they started it. It is an inaccurate ar- Pediatrics; American Academy of Pedi- licans that voted for the bill, but we gument. atrics of Colorado; American Academy should make sure that we point out the The government is not taking over of Pediatrics of Iowa; American Acad- fact that there are a number of Repub- anything. You are still going to go to emy of Pediatrics of Pennsylvania; licans in this House that will stand or your doctor and find out where you American Academy of Pediatrics of say they will stand with the President. want to go, kind of like Medicare. But Rhode Island; American Association of They’re saying they stand with the this is about providing children that People with Disabilities of Washington, President. They’re not saying they’re are poor with health care. The Presi- D.C.; the American Association of Uni- going to stand with the American peo- dent is trying to say that he wants to versity Women of Utah; American As- ple. clean it up and he is trying to say that sociation on Intellectual and Develop- I think you’re 110 percent right for he wants to negotiate. This is different mental Disabilities; American Cancer sharing that with Members of Congress than the House bill that passed. This is Society; American College of Obstetri- and letting them know, and these asso- the Senate version. The Senate has cians and Gynecologists; American ciations should approach their Member enough votes to override the veto. As Counseling Association; American Den- if they voted for it or not, just to re- the gentlewoman from Ohio said, there tal Association; American Dental Hy- mind them that this is very, very im- are all these Republican Senators. We gienists Association; American Diabe- portant. have a bunch of Republican House tes; American Health Quality; Amer- Mr. RYAN of Ohio. I think the de- Members. And the other day when we ican Heart Association; American Hu- bate, too, has gotten a little bit off

VerDate Aug 31 2005 02:36 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.097 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11312 CONGRESSIONAL RECORD — HOUSE October 4, 2007 track, and I quite frankly, Mr. Speak- dren to be covered by health insurance. porate welfare that goes to the oil com- er, find this shameful. And I think it’s important that even if panies, $14 or $15 billion, we are start- One of the statements made by the we continue to say everything that ing to rein all that in and the Presi- President: Democratic Members of we’re saying and we say it 10 times, it’s dent picks children’s health care to Congress are putting health coverage not going to hurt. It’s not going to draw the line in the sand and say we’re for poor children at risk so they can hurt the debate here. spending way too much money? score political points in Washington. Let me just back up. What the White That is unacceptable, Mr. Speaker. Now, that’s a shame that that kind of House is doing now, Mr. Speaker, and I That is unacceptable. All of these op- rhetoric’s coming out of the White just want to kind of bring this out into portunities wasted, and now you pick House at this point. When you look, as the light, let’s drag it out from out of these people? You don’t take on the oil Mrs. JONES has stated earlier, all of the the dark halls of Congress. What’s hap- companies. You don’t take on the top 1 Republicans that are supporting this pening right now, they’re getting invi- percent billionaires who got tax cuts. bill, this is a bipartisan bill. But there tations to the White House: come sit You’re going to take on little kids? is a small fringe group in this House down with the Vice President or the That’s the message? That’s your leg- and the White House that will not President or some major policy person, acy? God bless you. allow this bill to pass. saying, you know, a little tea, a little Mr. MEEK of Florida. We have I Score political points? We’re trying coffee, some cookies. guess somewhere about a minute 30 to provide health care for kids. This is Mrs. JONES of Ohio. Little pressure. left. I yield to Ms. WASSERMAN not where we have a debate and every- Mr. MEEK of Florida. Little pressure SCHULTZ, chair of the House adminis- one gets little debating points as we go in the Roosevelt Room, somewhere tration in appropriations. She’s an ap- along, and there are a lot of Repub- around there. You are with us on this propriator. licans in this House and in the Senate stopping the overside of the President’s Ms. WASSERMAN SCHULTZ. Mr. that want to support children’s health veto; please tell me that you’re with Speaker, I thank you very much, and care, and for the executive branch to us. just really briefly, I want to thank you make these kinds of statements I think Mrs. JONES of Ohio. You want a and congratulate my colleagues for totally poisons the debate. bridge to nowhere? holding down the fort for the last hour Here’s another thing that some of our Mr. MEEK of Florida. Some of them and standing up for our Nation’s chil- friends are saying on the other side, are saying, well, yeah, I’m with you, dren because it’s just absolutely pre- that SCHIP is incremental steps to a you know, I’m all impressed, and they posterous that the President vetoed an government-run health care program. go in and take a picture with the Presi- opportunity to expand access to health That’s just not true. These are children dent in the Oval Office and they go care for millions of children. who are now eligible for the program back home or they come back over And we are going to continue to fight but there’s not enough money in it to here to the Capitol. That’s what’s hap- to our last breath in the Democratic actually cover them, we’re trying to pening very quietly. I just want to put Caucus and try to override this veto so put the money in to cover them. They that out because that’s the way the we can make sure that we do the right will go to private doctors and they will White House has been successful in get- thing by our children. We will be here get private health care. They’re not ting this kind of picture. regularly week after week to make going to go to the VA, the government- Now, I know every last Member here sure we stand up for people who need run veterans hospitals. They’re going in this picture, and I know the con- the most help. to go to private docs. They’re going to versations I’ve had with them one-on- Mr. MEEK of Florida. I was just told be involved in private health care one about the war in Iraq, but better that we have four additional minutes. I plans. yet, they’re down there with the Presi- was given some information that was Mrs. JONES of Ohio. And the crazy dent. All I’m saying is that all of the incorrect, so if you wanted to continue. thing about that statement is that if groups, some, was it 270 and counting, Ms. WASSERMAN SCHULTZ. I you talk to senior Americans across are saying that we want health care for mean, what we have tried to do in the this country and you ask them about children. 30 Something Working Group is to Medicare, they will say that Medicare And all of the Members, I want to the highlight, particularly when it comes is one of the finest systems of delivery make sure I say it right, a number of to the domestic agenda of this caucus, of health care in this country, and they Republicans in the Senate that voted what the other side, our good friends are so happy that we have Medicare for this measure, and over here in the on the other side of the aisle’s, deci- and that the cost of running Medicare House? sions and the ramifications of those de- is equal to the cost that people pay, Mrs. JONES of Ohio. Forty-five Re- cisions and the impact that they will that it is a well-run program. So, even publicans voted in the House. have. if we were talking about government- Mr. MEEK of Florida. Forty-five Re- And we had 45 Republicans do the run health care, which we are not, let’s publicans voted with Democrats on right thing on this SCHIP vote on this talk about how great a program Medi- this bill. children’s health insurance bill, and care and Medicaid have been. Mrs. JONES of Ohio. Sixty-eight Sen- what we need them to do is cast the So I just want to close out, as I leave ators, including 18 Republicans. right decision again, vote to override the two of you with the last few min- Mr. MEEK of Florida. I think some- the President’s veto, and we need about utes of this, I’m calling upon every- where like 18 or 20 that we would need 17 Republicans to come with us to real- body who can hear what I’m saying, to override. I think that number now is ize that they made the wrong decision and if you can’t hear me and you’re somewhere maybe, you know, around in voting against it so that we can reading my lips or there’s a script 15 or 16 we have to convince them to do make sure that we give access to chil- going under your TV, call your it. I want to drag this out and put it dren, not those who are already cov- congressperson. Ask them, are you sup- out into the light. ered by private health insurance. porting SCHIP? If they are not, ask Mr. RYAN of Ohio. I want to say that The President has tried to spread the them why. Call your neighbor; ask the most important point that I’d like misperception that this program and your neighbor to call your to highlight before we leave, because I this expansion is about taking kids off congressperson. know time is running out, all of the of private health insurance and putting This is down to a battle, and the bat- waste over the past 6 years under this them on government health insurance. tle is either for the children or against administration, with the nonsense with That is totally false. the children, and we’re for the chil- FEMA and trailers sitting in Arkansas What is actually happening is we are dren. somewhere that have rotted, the bil- going to expand access to health insur- Mr. MEEK of Florida. TIM and I have lions of dollars wasted in Iraq where ance for children that don’t currently a good friend by the name of Charles, unbid contracts, Halliburton wasting have it, for children whose families fall and Charles was saying how excited money, losing hundreds of millions of in the gap between Medicaid and pri- that he was about the fact that we dollars in cash, the tax cuts that went vate health care. That’s what the chil- pointed out the folks that wanted chil- primarily to the top 1 percent, cor- dren’s health insurance program has

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.099 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11313 been all about, and we need to make LEAVE OF ABSENCE the Department’s final rule — Airworthiness sure that the members of this institu- Directives; Bombardier Model DHC-8-100, By unanimous consent, leave of ab- DHC-8-200, and DHC-8-300 Series Airplanes tion, of the United States House of sence was granted to: Representatives, be the representative [Docket No. FAA-2007-27713; Directorate Ms. EDDIE BERNICE JOHNSON of Texas Identifier 2006-NM-240-AD; Amendment 39- body that they were elected to be and (at the request of Mr. HOYER) for today 15079; AD 2007-12-01] (RIN: 2120-AA64) received do the right thing by our kids. after 2:30 p.m. September 18, 2007, pursuant to 5 U.S.C. Mr. RYAN of Ohio. I totally agree Mr. MCNULTY (at the request of Mr. 801(a)(1)(A); to the Committee on Transpor- and that’s the point. Every argument HOYER) for today after 2:30 p.m. on ac- tation and Infrastructure. that has been put in front of this piece 3607. A letter from the Program Analyst, count of personal reasons. of legislation is a phony argument that Department of Transportation, transmitting Mr. VISCLOSKY (at the request of Mr. doesn’t stand the scrutiny of any kind the Department’s final rule — Airworthiness HOYER) for today on account of family of debate. Directives; Dassault Model Mystere-Falcon Ms. WASSERMAN SCHULTZ. It’s illness. 50 Airplanes [Docket No. FAA-2007-27806; Di- just because when the facts don’t meet f rectorate Identifier 2006-NM-287-AD; Amend- ment 39-15090; AD 2007-12-12] (RIN: 2120-AA64) their views, they make them up. SPECIAL ORDERS GRANTED received September 18, 2007, pursuant to 5 Mr. RYAN of Wisconsin. It’s social- U.S.C. 801(a)(1)(A); to the Committee on ized medicine and then people are By unanimous consent, permission to address the House, following the legis- Transportation and Infrastructure. going to private health care. You say 3608. A letter from the Program Analyst, that it’s a Democratic ploy and we lative program and any special orders Department of Transportation, transmitting have all this Republican support. The heretofore entered, was granted to: the Department’s final rule — Airworthiness President says he’s for the program, (The following Members (at the re- Directives; Empresa Brasileira de but 840,000 kids would get knocked off quest of Ms. WOOLSEY) to revise and ex- Aeronautica S.A. (EMBRAER) Model EMB- of it. It just doesn’t work. tend their remarks and include extra- 135 Airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP So I’m glad we’re here to clean it up neous material:) Ms. WOOLSEY, for 5 minutes, today. Airplanes [Docket No. FAA-2006-26354; Direc- and come do our job. So good seeing ev- torate Identifier 2006-NM-196-AD; Amend- Mr. CUMMINGS, for 5 minutes, today. erybody. ment 39-15095; AD 2007-12-17] (RIN: 2120-AA64) Did I announce last night, I wanted Ms. KAPTUR, for 5 minutes, today. ´ received September 18, 2007, pursuant to 5 to announce before we close that Kelly Ms. LINDA T. SANCHEZ of California, U.S.C. 801(a)(1)(A); to the Committee on Pavlik from Youngstown won the mid- for 5 minutes, today. Transportation and Infrastructure. dleweight title on Saturday and what a (The following Members (at the re- 3609. A letter from the Program Analyst, great kid he is. quest of Mr. WELDON of Florida) to re- Department of Transportation, transmitting Mr. MEEK of Florida. We’re all vise and extend their remarks and in- the Department’s final rule — Airworthiness happy for him. clude extraneous material:) Directives; General Electric Company (GE) CF34-10E Series Turbofan Engines [Docket Mr. RYAN of Wisconsin. So Youngs- Mr. POE, for 5 minutes, October 11. No. FAA-2006-25896; Directorate Identifier town, Ohio, is now the home of the Mr. JONES of North Carolina, for 5 2006-NE-33-AD; Amendment 39-15093; AD 2007- WBO/WBC middleweight champion of minutes, October 11. 12-15] (RIN: 2120-AA64) received September the world. Mr. WOLF, for 5 minutes, today. 18, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. MEEK of Florida. I’m pretty sure (The following Member (at her own the Committee on Transportation and Infra- there’s some tourism dollars in there request) to revise and extend her re- structure. somewhere. marks and include extraneous mate- 3610. A letter from the Program Analyst, Mrs. JONES of Ohio. I just want to rial:) Department of Transportation, transmitting the Department’s final rule — Airworthiness say, on behalf of other Members of the Ms. JACKSON-LEE of Texas, for 5 min- House of Representatives, I am so Directives; General Electric Company (GE) utes, today. GE90 Series Turbofan Engines [Docket No. proud of this 30 Something Working f FAA-2007-27283; Directorate Identifier 2007- Group. I’m proud to have been able to SENATE BILLS REFERRED NE-05-AD; Amendment 39-15046; AD 2007-10- participate in this time with Mr. MEEK, 15] (RIN: 2120-AA64) received September 18, under his great leadership; and Mr. A bill and a concurrent resolution of 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the RYAN, under his great leadership; and the Senate of the following titles were Committee on Transportation and Infra- Ms. WASSERMAN SCHULTZ, under her taken from the Speaker’s table and, structure. great leadership. You’re continuing to under the rule, referred as follows: 3611. A letter from the Program Analyst, fight on behalf of the people of Amer- Department of Transportation, transmitting S. 2106. An act to provide nationwide sub- the Department’s final rule — Airworthiness ica, and I’m thankful to be considered poena authority for actions brought under Directives; Turbomeca Arriel 2B Series Tur- 30 something. the September 11 Victim Compensation Fund boshaft Engines [Docket No. FAA-2005-23809; Mr. MEEK of Florida. I just want to of 2001; to the Committee on the Judiciary. Directorate Identifier 2005-NE-52-AD; say that you have increased our stock. S. Con. Res. 45. Concurrent resolution com- Amendment 39-15048; AD 2007-10-07] (RIN: To have a chair of a full committee mending the Ed Block Courage Award Foun- 2120-AA64) received September 18, 2007, pur- with us two days in a row and to have dation for its work in aiding children and suant to 5 U.S.C. 801(a)(1)(A); to the Com- families affected by child abuse, and desig- mittee on Transportation and Infrastruc- a cardinal to join us at the last minute, nating November 2007 as National Courage even though a member of the 30 Some- ture. Month; to the Committee on Oversight and 3612. A letter from the Program Analyst, thing Working Group here on the floor Government Reform. Department of Transportation, transmitting with Mr. RYAN and myself, I mean, in f the Department’s final rule — Airworthiness the light of other Members, they really Directives; Turbomeca Arriel 2B1 Turboshaft may feel we have moved up in the ADJOURNMENT Engines [Docket No. FAA-2007-28009; Direc- world to have these two gentle ladies Mr. MEEK of Florida. Mr. Speaker, I torate Identifier 2007-NE-16-AD; Amendment here with us but yet powerful. move that the House do now adjourn. 39-15047; AD 2007-10-06] (RIN: 2120-AA64) re- Mr. RYAN of Wisconsin. We just The motion was agreed to; accord- ceived September 18, 2007, pursuant to 5 hang out in the glow. ingly (at 5 o’clock and 43 minutes U.S.C. 801(a)(1)(A); to the Committee on Mr. MEEK of Florida. Mr. Speaker, Transportation and Infrastructure. p.m.), under its previous order, the 3613. A letter from the Program Analyst, with that we would like to thank the House adjourned until tomorrow, Fri- Department of Transportation, transmitting Speaker and the Democratic leadership day, October 5, 2007, at 3 p.m. the Department’s final rule — Airworthiness for allowing us to have this hour. We f Directives; Pacific Aerospace Limited Model would like for the Members, if they 750XL Airplanes [Docket No. FAA-2007-27859; want to get a copy of the letter that EXECUTIVE COMMUNICATIONS, Directorate Identifier 2007-CE-033-AD; Chairwoman TUBBS JONES read into the ETC. Amendment 39-15049; AD 2007-12-08] (RIN: 2120-AA64) received September 18, 2007, pur- RECORD, they can go on Under clause 8 of rule XII, executive www.speaker.gov and also all of the communications were taken from the suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Transportation and Infrastruc- groups that support and the folks, the Speaker’s table and referred as follows: ture. Republican Senators, of why SCHIP 3606. A letter from the Program Analyst, 3614. A letter from the Program Analyst, should be overridden or passed. Department of Transportation, transmitting Department of Transportation, transmitting

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K04OC7.100 H04OCPT1 bajohnson on PRODPC61 with HOUSE H11314 CONGRESSIONAL RECORD — HOUSE October 4, 2007 the Department’s final rule — Airworthiness U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS Directives; APEX Aircraft (Type Certificate Transportation and Infrastructure. No. A36EU formerly held by AVIONS Under clause 2 of rule XII, public 3622. A letter from the Program Analyst, bills and resolutions were introduced MUDRY et CIE) Model CAP 10 B Airplanes Department of Transportation, transmitting [Docket No. FAA-2007-27531 Directorate Iden- the Department’s final rule — Standard In- and severally referred, as follows: tifier 2007-CE-020-AD; Amendment 39-15054; strument Approach Procedures; Miscella- By Mr. KNOLLENBERG: AD 2007-10-13] (RIN: 2120-AA64) received Sep- neous Amendments [Docket No. 30561; Amdt. H.R. 3745. A bill to improve Mandarin lan- tember 18, 2007, pursuant to 5 U.S.C. No. 3228] received September 18, 2007, pursu- guage education by authorizing grants to 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee support the creation of Mandarin language tation and Infrastructure. on Transportation and Infrastructure. classes for elementary and secondary school 3615. A letter from the Program Analyst, 3623. A letter from the Program Analyst, and adult education program students; to Department of Transportation, transmitting Department of Transportation, transmitting the Committee on Education and Labor. the Department’s final rule — Airworthiness the Department’s final rule — Standard In- By Mr. MCKEON (for himself, Mr. KEL- Directives; Viking Air Limited (Type Certifi- strument Approach Procedures; Miscella- LER, Mr. BOUSTANY, Mr. KLINE of cate No. A-806 previously held by neous Amendments [Docket No. 30550; Amdt. Minnesota, Mr. FORTUN˜ O, Mr. WILSON deHavilland Inc.) Models DHC-2 Mk. I, DHC- No. 3218] received September 18, 2007, pursu- of South Carolina, Mr. DAVID DAVIS 2 Mk. II, and DHC-2 Mk. III Airplanes [Dock- ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Tennessee, Mr. SOUDER, and Mr. et No. FAA-2007-27193; Directorate Identifier on Transportation and Infrastructure. BISHOP of Utah): 2007-CE-009-AD; Amendment 39-15091; AD H.R. 3746. A bill to amend and extend the 3624. A letter from the Program Analyst, 2007-12-13] (RIN: 2120-AA64) received Sep- Higher Education Act of 1965; to the Com- Department of Transportation, transmitting tember 18, 2007, pursuant to 5 U.S.C. mittee on Education and Labor. the Department’s final rule — Modification 801(a)(1)(A); to the Committee on Transpor- By Mr. MCKEON (for himself, Mr. KEL- of Class E Airspace; St. Johns, AZ [Docket tation and Infrastructure. LER, Mr. BOUSTANY, Mr. KLINE of No. FAA-2007-27072 Airspace Docket No. 07- 3616. A letter from the Assistant Chief Minnesota, Mr. DAVID DAVIS of Ten- AWP-1] (RIN: 2120-AA66) received September Counsel for Hazardous Materials Safety, De- nessee, and Mr. SOUDER): partment of Transportation, transmitting 18, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 3747. A bill to enhance the workforce the Department’s final rule — Hazardous Ma- the Committee on Transportation and Infra- investment system of the Nation by terials; Transportation of Lithium Batteries structure. strengthening one-stop career centers, pro- [Docket Nos. PHMSA-02-11989 (HM-224C) and 3625. A letter from the Program Analyst, viding for more effective governance ar- PHMSA-04-19886 (HM-224E)] (RIN: 2137-AD48 Department of Transportation, transmitting rangements, promoting access to a more and RIN: 2137-AE05) received September 18, the Department’s final rule — Revision to comprehensive array of employment and 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Class E Airspace; Laramie, WY [Docket No. training, integrating existing employment Committee on Transportation and Infra- FAA-2005-23270; Airspace Docket No. 05- and training programs to avoid duplication structure. ANM-16] received September 18, 2007, pursu- and overlap, establishing a targeted ap- 3617. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee proach to serving youth, and improving per- Department of Transportation, transmitting on Transportation and Infrastructure. formance accountability, and for other pur- the Department’s final rule — Airworthiness 3626. A letter from the Program Analyst, poses; to the Committee on Education and Directives; Airbus Model A300 B4-600, B4- Department of Transportation, transmitting Labor. 600R, and F4-600R series airplanes, and Model the Department’s final rule — Establishment By Mrs. DAVIS of California (for her- C4-605R Variant F airplanes (Collectively of Class D and E Airspace; Aguadilla, PR. self, Mr. DAVIS of Illinois, and Ms. Called A300-600 series airplanes) [Docket No. [Docket No. FAA-2007-27594; Airspace Docket HIRONO): FAA-2007-26856; Directorate Identifier 2006- No. 07-ASO-3] received September 18, 2007, H.R. 3748. A bill to amend the Federal Di- NM-125-AD; Amendment 39-15082; AD 2007-12- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rect Loan Program to provide that interest 04] (RIN: 2120-AA64) received September 18, mittee on Transportation and Infrastruc- shall not accrue on Federal Direct Loans for 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the ture. active duty service members; to the Com- Committee on Transportation and Infra- 3627. A letter from the Program Analyst, mittee on Education and Labor. structure. Department of Transportation, transmitting By Ms. HOOLEY: 3618. A letter from the Program Analyst, the Department’s final rule — Standard In- H.R. 3749. A bill to amend the Public Department of Transportation, transmitting strument Approach Procedures; Miscella- Health Service Act to provide for the estab- the Department’s final rule — Airworthiness neous Amendments [Docket No. 30557; Amdt. lishment of a Drug-Free Workplace Informa- Directives; Bombardier Model DHC-8-400 Se- No. 3224] received September 18, 2007, pursu- tion Clearinghouse, to authorize programs to ries Airplanes [Docket No. FAA-2007-27755; ant to 5 U.S.C. 801(a)(1)(A); to the Committee prevent and improve treatment of meth- Directorate Identifier 2006-NM-289-AD; on Transportation and Infrastructure. amphetamine addiction, and for other pur- Amendment 39-15081; AD 2007-12-03] (RIN: 3628. A letter from the Program Analyst, poses; to the Committee on Energy and Com- 2120-AA64) received September 18, 2007, pur- Department of Transportation, transmitting merce. suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Standard In- By Mr. GENE GREEN of Texas (for mittee on Transportation and Infrastruc- strument Approach Procedures, Weather himself, Ms. ROS-LEHTINEN, Mr. ture. Takeoff Minimums; Miscellaneous Amend- PRICE of North Carolina, Mr. TIBERI, 3619. A letter from the Program Analyst, ments [Docket No. 30556 Amdt. 3223] received Mr. BOUCHER, Mr. BISHOP of Georgia, Department of Transportation, transmitting September 18, 2007, pursuant to 5 U.S.C. Mr. BOOZMAN, and Mr. ENGEL): the Department’s final rule — Standard In- 801(a)(1)(A); to the Committee on Transpor- H.R. 3750. A bill to provide for the expan- strument Approach Procedures; Miscella- tation and Infrastructure. sion of Federal programs to prevent and neous Amendments [Docket No. 30559; Amdt. manage vision loss, and for other purposes; 3629. A letter from the Program Analyst, No. 3226] received September 18, 2007, pursu- to the Committee on Energy and Commerce. Department of Transportation, transmitting ant to 5 U.S.C. 801(a)(1)(A); to the Committee By Mr. BOSWELL: the Department’s final rule — IFR Altitudes; on Transportation and Infrastructure. H.R. 3751. A bill to amend the Consolidated 3620. A letter from the Program Analyst, Miscellaneous Amendments [Docket No. Farm and Rural Development Act to estab- Department of Transportation, transmitting 30555 ; Amdt. No. 468 ] received September 18, lish and provide for the administration of the Department’s final rule — Airworthiness 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Farm and Ranch Stress Assistance Net- Directives; McDonnell Douglas Model DC-8- Committee on Transportation and Infra- work; to the Committee on Agriculture. 33, -42, and -43 Airplanes; Model DC-8-50 Se- structure. By Mr. CAMPBELL of California: ries Airplanes; Model DC-8F-54 and -55 Air- 3630. A letter from the Program Analyst, H.R. 3752. A bill to provide that the Indian planes; mmodel DC-8-60 Series Airplanes; Department of Transportation, transmitting Gaming Regulatory Act shall not apply to an Model DC-8-60F Series Airplanes; Model DC- the Department’s final rule — Standard In- Indian tribe or to Indian lands of an Indian 8-72 Airplanes; and Model DC-8-70F Series strument Approach Procedures, Weather tribe until that Indian tribe has been feder- Airplanes [Docket No. FAA-2007-27334; Direc- Takeoff Minimums; Miscellaneous Amend- ally recognized for a period of not less than torate Identifier 2006-NM-279-AD; Amend- ments [Docket No. 30553 Amdt. No. 3221] re- 25 continuous years; to the Committee on ment 39-15080; AD 2007-12-02] (RIN: 2120-AA64) ceived September 18, 2007, pursuant to 5 Natural Resources. received September 18, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. CONYERS (for himself, Mr. U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. DANIEL E. LUNGREN of California, Mr. Transportation and Infrastructure. 3631. A letter from the Program Analyst, HOYER, Mr. BOEHNER, Mr. BERMAN, 3621. A letter from the Program Analyst, Department of Transportation, transmitting Mr. PENCE, Mr. WATT, Mr. BACHUS, Department of Transportation, transmitting the Department’s final rule — Standard In- Mr. SCHIFF, Mrs. BIGGERT, Ms. the Department’s final rule — Standard In- strument Approach Procedures; Miscella- WASSERMAN SCHULTZ, and Mr. strument Approach Procedures, Weather neous Amendments [Docket No. 30554; Amdt. GOHMERT): Takeoff Minimums; Miscellaneous Amend- No. 3222] received September 18, 2007, pursu- H.R. 3753. A bill to increase the pay of Fed- ments [Docket No. 30558 Amdt. No. 3225] re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee eral judges, and for other purposes; to the ceived September 18, 2007, pursuant to 5 on Transportation and Infrastructure. Committee on the Judiciary.

VerDate Aug 31 2005 01:07 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\L04OC7.000 H04OCPT1 bajohnson on PRODPC61 with HOUSE October 4, 2007 CONGRESSIONAL RECORD — HOUSE H11315 By Mr. COSTA (for himself, Mr. Amtrak; to the Committee on Transpor- H.R. 3770. A bill to amend the Internal Rev- CARDOZA, Mr. MCNERNEY, and Mr. tation and Infrastructure. enue Code of 1986 to clarify that qualified NUNES): By Mr. LOEBSACK (for himself, Mrs. personal service corporations may continue H.R. 3754. A bill to authorize the Adminis- MCCARTHY of New York, Mr. PAYNE, to use the cash method of accounting, and trator of the Environmental Protection Mr. COHEN, Mr. DAVIS of Illinois, and for other purposes; to the Committee on Agency to accept, as part of a settlement, Mr. HARE): Ways and Means. diesel emission reduction Supplemental En- H.R. 3762. A bill to amend the Elementary By Mr. SENSENBRENNER (for himself vironmental Projects, and for other pur- and Secondary Education Act of 1965 to fos- and Mr. PETRI): poses; to the Committee on Energy and Com- ter community involvement, and for other H.R. 3771. A bill to amend the Internal Rev- merce. purposes; to the Committee on Education enue Code of 1986 to provide that the grad- By Mr. DEAL of Georgia: and Labor. uated income tax rates that apply to prin- H.R. 3755. A bill to amend section 1308 of By Mr. LOEBSACK (for himself, Mr. cipal campaign committees of candidates for title 40, United States Code, to provide im- PAYNE, Mr. HARE, and Ms. MATSUI): Congress shall apply to all comparable com- munity for Federal Government agencies H.R. 3763. A bill to award competitive mittees of candidates for State and local of- from claims resulting from the donation of grants to eligible partnerships to enable the fices; to the Committee on Ways and Means. unfit horses and mules and to allow certain partnerships to implement innovative strat- By Mr. BAIRD (for himself and Mr. agents of United States Customs and Border egies at the secondary school level to im- ROHRABACHER): Protection to adopt such horses and mules; prove student achievement and prepare at- H.J. Res. 56. A joint resolution proposing to the Committee on Oversight and Govern- risk students for postsecondary education an amendment to the Constitution of the ment Reform. and the workforce; to the Committee on United States to temporarily fill mass va- By Ms. DEGETTE: Education and Labor. cancies in the House of Representatives and H.R. 3756. A bill to designate certain lands By Mr. MCDERMOTT (for himself and the Senate and to preserve the right of the in the State of Colorado as components of Mr. VAN HOLLEN): people to elect their Representatives and the National Wilderness Preservation Sys- H.R. 3764. A bill to amend the Internal Rev- Senators in Congress; to the Committee on enue Code of 1986 to suspend the 5-year pe- tem, and for other purposes; to the Com- the Judiciary. riod relating to the exclusion of gain on the mittee on Natural Resources. By Mr. ROHRABACHER (for himself sale of a principal residence during a period By Ms. DELAURO (for herself, Mr. BER- and Mr. BAIRD): of service with the Peace Corps; to the Com- MAN, Mr. BLUMENAUER, Mrs. CAPPS, H.J. Res. 57. A joint resolution proposing mittee on Ways and Means. Mr. CLEAVER, Mrs. DAVIS of Cali- an amendment to the Constitution of the By Mr. NEAL of Massachusetts (for fornia, Mr. FRANK of Massachusetts, United States relating to Congressional suc- himself and Mr. LARSON of Con- Mr. HARE, Mr. HINCHEY, Ms. HIRONO, cession; to the Committee on the Judiciary. necticut): Mr. HONDA, Mr. INSLEE, Mr. H.R. 3765. A bill to amend the Internal Rev- By Mr. DAVIS of Illinois: LANGEVIN, Mr. LARSON of Con- H. Con. Res. 226. Concurrent resolution enue Code of 1986 to provide transparency calling on the United States Postal Service necticut, Ms. LEE, Mr. LEVIN, Ms. with respect to fees and expenses charged to to create a special exterior light display on ZOE LOFGREN of California, Mrs. participant-directed defined contribution MALONEY of New York, Ms. MATSUI, plans; to the Committee on Ways and Means. March 4, 2008, to reignite public awareness Mrs. MCCARTHY of New York, Ms. By Ms. NORTON: and appreciation of the accomplishments of MCCOLLUM of Minnesota, Mr. H.R. 3766. A bill to assist local govern- the New Deal and the legacy of those pro- MCDERMOTT, Mr. GEORGE MILLER of ments in conducting gun buyback programs; grams for our Nation today, and for other California, Mr. MORAN of Virginia, to the Committee on the Judiciary. purposes; to the Committee on Oversight and Ms. LORETTA SANCHEZ of California, By Mr. NUNES (for himself and Mr. Government Reform. Ms. SCHAKOWSKY, Mr. SERRANO, Mr. COSTA): By Ms. ZOE LOFGREN of California: SIRES, Mr. STARK, Ms. SUTTON, Mr. H.R. 3767. A bill to provide the Secretary H. Con. Res. 227. Concurrent resolution ex- TOWNS, Mr. WAXMAN, Mr. WEXLER, with the authority to increase the number of pressing the sense of Congress that sec- Mr. LEWIS of Georgia, and Mr. NAD- Customs and Border Protection personnel at ondary schools should consider starting LER): Fresno Yosemite International Airport; to school after 9:00 in the morning; to the Com- H.R. 3757. A bill to provide additional pro- the Committee on Homeland Security. mittee on Education and Labor. tections for National Forest System lands in By Mr. NUNES (for himself, Mr. By Mr. SCHIFF (for himself and Mr. the Tongass National Forest in Alaska MCCARTHY of California, Mr. COSTA, SHAYS): through the designation of additional wilder- Mr. CARDOZA, and Mr. RADANOVICH): H. Con. Res. 228. Concurrent resolution ex- ness areas, Land Use Designation II manage- H.R. 3768. A bill to require the Secretary of pressing the sense of Congress with respect ment areas, restoration areas, special man- the Interior to study and construct all to countries that withdraw from the Treaty agement areas, and components of the na- projects and programs that are included in on the Non-Proliferation of Nuclear Weap- tional wild and scenic rivers system; to the the Friant Water Users Authority document ons; to the Committee on Foreign Affairs. Committee on Natural Resources. titled ‘‘San Joaquin River Restoration Pro- By Mr. BERMAN (for himself, Ms. ROS- By Mr. HALL of New York: gram: Water Management Goal-Recircula- LEHTINEN, and Mr. FORTENBERRY): H.R. 3758. A bill to amend the Internal Rev- tion, Recapture of Restoration Flows and H. Res. 711. A resolution expressing the enue Code of 1986 to reduce the alternative Mitigation of Water Supply Reductions‘‘, sense of the House of Representatives con- minimum tax by increasing the exemption and for other purposes; to the Committee on cerning the United States-India nuclear co- amounts and adjusting them for inflation Natural Resources. operation agreement; to the Committee on and by making permanent law the allowance By Mr. SALAZAR (for himself, Mr. Foreign Affairs. of the dependent care credit, the child credit, PATRICK MURPHY of Pennsylvania, By Mr. FALEOMAVAEGA: and the adoption credit against such tax; to Mr. UDALL of Colorado, Mrs. H. Res. 712. A resolution expressing support the Committee on Ways and Means. GILLIBRAND, Mr. CUMMINGS, Mrs. for the Declaration on the Rights of Indige- By Ms. KILPATRICK (for herself and BOYDA of Kansas, Mr. MURTHA, Mr. nous Peoples and commending the United Ms. WATSON): BURTON of Indiana, Mr. BOSWELL, Mr. Nations General Assembly for its adoption of H.R. 3759. A bill to amend the Elementary BLUMENAUER, Mr. BOYD of Florida, the Declaration on September 13, 2007; to the and Secondary Education Act of 1965 to en- Mr. GORDON, Mr. TANNER, Mr. BRADY Committee on Foreign Affairs, and in addi- able local educational agencies to use of Pennsylvania, Mr. DONNELLY, Mr. tion to the Committee on Natural Resources, amounts received from the Fund for the Im- KLINE of Minnesota, Mr. YOUNG of for a period to be subsequently determined provement of Education for innovative pro- Florida, Mr. HARE, Mr. SHIMKUS, Mr. by the Speaker, in each case for consider- grams to increase learning in financial lit- CRAMER, Mr. MAHONEY of Florida, Mr. ation of such provisions as fall within the ju- eracy; to the Committee on Education and BACA, Mr. COSTA, and Mr. WOLF): risdiction of the committee concerned. Labor. H.R. 3769. A bill to amend title 10, United By Mr. HASTINGS of Florida (for him- By Ms. KILPATRICK (for herself, Ms. States Code, to require the establishment of self, Mr. HOYER, Ms. SLAUGHTER, Mr. WATSON, and Mr. KAGEN): a searchable database containing the names SMITH of New Jersey, Ms. SOLIS, Mr. H.R. 3760. A bill to amend the Elementary and citations of members of the Armed BUTTERFIELD, Mr. ADERHOLT, Ms. and Secondary Education Act of 1965 to en- Forces, members of the United States mer- KAPTUR, Ms. MATSUI, Ms. MOORE of able local educational agencies to use chant marine, and civilians affiliated with Wisconsin, Ms. KILPATRICK, Mr. amounts received from the Fund for the Im- the Armed Forces who have been awarded PAYNE, and Mr. PITTS): provement of Education for innovative pro- the medal of honor or any other medal au- H. Res. 713. A resolution congratulating grams to increase learning in nutrition and thorized by Congress for the Armed Forces, the Ukrainian people for the holding of free, exercise; to the Committee on Education and the United States merchant marine, or affili- fair, open and transparent parliamentary Labor. ated civilians; to the Committee on Armed elections on September 30, 2007, in a peaceful By Mr. KING of New York (for himself Services. manner consistent with Ukraine’s demo- and Mr. PASCRELL): By Ms. SCHWARTZ (for herself, Mr. cratic values and national interest, in keep- H.R. 3761. A bill to provide for certain tun- MCDERMOTT, Mr. RAMSTAD, and Mr. ing with its commitments as a participating nel life safety and rehabilitation projects for PORTER): State of the Organization for Security and

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Cooperation in Europe; to the Committee on H.R. 503: Mr. LIPINSKI, Mrs. BIGGERT, Mr. H.R. 2183: Mr. CRAMER. Foreign Affairs. REICHERT, and Mr. ANDREWS. H.R. 2234: Mr. WALBERG, Mr. CONYERS, and By Mr. PASCRELL (for himself, Mr. H.R. 578: Mr. CUELLAR and Mr. HODES. Mr. UDALL of Colorado. THOMPSON of Mississippi, Mr. DENT, H.R. 581: Mr. LAMBORN. H.R. 2253: Mr. FOSSELLA. Mr. KING of New York, Mr. REICHERT, H.R. 589: Mr. ISRAEL. H.R. 2267: Ms. GRANGER. and Mr. CUELLAR): H.R. 618: Mr. SULLIVAN. H.R. 2280: Mr. KAGEN. H. Res. 714. A resolution supporting the H.R. 662: Mr. MARKEY. H.R. 2364: Mr. HARE. work of firefighters to educate and protect H.R. 697: Mr. WALBERG. H.R. 2421: Ms. WATSON. the Nation’s communities, and the goals and H.R. 715: Mr. ETHERIDGE. H.R. 2452: Mr. LEVIN and Ms. WASSERMAN ideals of Fire Prevention Week, October 7-13, H.R. 750: Ms. KILPATRICK. SCHULTZ. 2007, as designated by the National Fire Pro- H.R. 871: Mr. HASTINGS of Florida. H.R. 2490: Mr. POE. tection Association; to the Committee on H.R. 997: Mr. REHBERG. H.R. 2508: Mr. POE. Oversight and Government Reform. H.R. 1004: Ms. BERKLEY. H.R. 2548: Ms. ROYBAL-ALLARD and Ms. By Mr. SOUDER (for himself, Mr. H.R. 1014: Mr. NADLER and Mr. SIRES. MATSUI. CUMMINGS, Mr. BOOZMAN, Mr. BOS- H.R. 1023: Mrs. MALONEY of New York, Mr. H.R. 2606: Mr. ORTIZ and Mr. ALLEN. WELL, Mr. BURTON of Indiana, Mr. CONAWAY, Mr. TIAHRT, Mr. PRICE of Georgia, H.R. 2695: Mr. THOMPSON of Mississippi, Mr. CONYERS, Mr. HUNTER, Mr. MCHUGH, Mr. ALEXANDER, Mr. KING of Iowa, Mr. WYNN, and Mr. HASTINGS of Florida. Mr. LEVIN, Mr. PAYNE, Mr. PEARCE, BRADY of Pennsylvania, and Mr. TANCREDO. H.R. 2711: Mrs. BONO, Mr. BROWN of South Mr. PETERSON of Pennsylvania, Mr. H.R. 1070: Mr. TOWNS. Carolina, Mr. FERGUSON, and Mr. DEFAZIO. RAMSTAD, Mr. REYES, Mr. SMITH of H.R. 1077: Mr. BOEHNER. H.R. 2796: Mr. BAKER. New Jersey, Mr. WALDEN of Oregon, H.R. 1110: Mr. KIND, Mr. SERRANO, Ms. H.R. 2814: Mr. TERRY. and Mr. DONNELLY): FOXX, Ms. HARMAN, and Mr. NEUGEBAUER. H.R. 2852: Mr. RANGEL, Mr. COBLE, and Mr. H. Res. 715. A resolution supporting the H.R. 1192: Mr. DONNELLY. MARCHANT. goals and ideals of Red Ribbon Week; to the H.R. 1222: Mr. COSTELLO. H.R. 2882: Mrs. LOWEY, Mr. HASTINGS of Committee on Energy and Commerce. H.R. 1223: Mr. COSTELLO. Florida, and Ms. SUTTON. H.R. 1248: Mr. TIERNEY. H.R. 2933: Mr. WAMP and Mr. SCOTT of f H.R. 1280: Mr. ALLEN. Georgia. MEMORIALS H.R. 1283: Mr. MURPHY of Connecticut, Mr. H.R. 2965: Ms. WATSON, Mr. DAVIS of Ala- MURTHA, and Mr. WEINER. bama, and Ms. GRANGER. Under clause 3 of rule XII, memorials H.R. 1295: Mr. COLE of Oklahoma, Mr. H.R. 2994: Mr. KENNEDY and Mr. WALBERG. were presented and referred as follows: DAVID DAVIS of Tennessee, Mr. HALL of H.R. 3014: Mr. BERMAN and Mr. DOGGETT. 206. The SPEAKER presented a memorial Texas, Mr. MCCOTTER, and Mr. SESSIONS. H.R. 3026: Mr. JINDAL. OGGETT, Mr. UPTON, and of the General Court of the State of New H.R. 1312: Mr. HODES. H.R. 3042: Mr. D Ms. BERKLEY. Hampshire, relative to Senate Concurrent H.R. 1314: Mr. LAMBORN. H.R. 3045: Ms. DEGETTE, Mr. YARMUTH, Mr. Resolution No. 4 calling on the President of H.R. 1386: Mrs. MALONEY of New York, Mr. ABERCROMBIE, Ms. WATSON, Mr. CAPUANO, the United States and the Congress of the MARSHALL, Mr. PLATTS, Ms. SCHAKOWSKY, and Mr. KILDEE. United States to fully fund the federal gov- Mr. NADLER, and Mr. LANGEVIN. H.R. 3057: Mr. WALBERG. ernment’s share of special education services H.R. 1399: Mr. ROGERS of Kentucky. H.R. 3098: Mr. CARNEY. in public elementary and secondary schools H.R. 1419: Mr. GERLACH and Mr. KUHL of H.R. 3114: Mr. COHEN, Ms. SCHAKOWSKY, and in the United States under the Individuals New York. Ms. MATSUI. with Disabilities Act; to the Committee on H.R. 1459: Mrs. JO ANN DAVIS of Virginia, H.R. 3115: Mr. MCGOVERN. Education and Labor. Mr. SPRATT, and Mr. BISHOP of Georgia. H.R. 3132: Mr. WELCH of Vermont and Mr. 207. Also, a memorial of the House of Rep- H.R. 1537: Ms. WATERS. ALLEN. resentatives of the State of Michigan, rel- H.R. 1567: Mr. HINCHEY and Mr. OLVER. H.R. 1584: Mr. DONNELLY, Mr. GOHMERT, H.R. 3140: Mr. BURTON of Indiana, Mr. ative to House Resolution No. 165 memori- Mr. KELLER, Mr. VISCLOSKY, and Mr. SMITH THORNBERRY, Mr. KINGSTON, and Mr. PICK- alizing the Congress of the United States to of Washington. ERING. enact H.R. 2927, which responsibly balances H.R. 1610: Ms. WOOLSEY and Mr. ETHERIDGE. H.R. 3191: Mr. LEWIS of Georgia, Ms. NOR- achievable fuel economy increases with im- H.R. 1616: Mr. DAVIS of Alabama. TON, and Ms. HOOLEY. portant economic and social concerns, in- H.R. 1619: Mr. RYAN of Ohio and Mr. OBER- H.R. 3195: Mr. THOMPSON of California, Mr. cluding consumer demands; to the Com- STAR. WEINER, Mr. PALLONE, Mr. LARSEN of Wash- mittee on Transportation and Infrastruc- H.R. 1644: Mr. NADLER, Mr. WEINER, Mr. ington, and Ms. JACKSON-LEE of Texas. ture. RODRIGUEZ, Mr. BOUCHER, and Ms. KAPTUR. H.R. 3197: Mr. LIPINSKI. 208. Also, a memorial of the House of Rep- H.R. 1667: Ms. ZOE LOFGREN of California H.R. 3219: Mr. LATOURETTE and Mr. resentatives of the State of Michigan, rel- and Ms. LORETTA SANCHEZ of California. COURTNEY. ative to House Resolution No. 172 urging the H.R. 1693: Mr. MARKEY. H.R. 3223: Mr. KLEIN of Florida. Congress of the United States and the United H.R. 1721: Mr. BUCHANAN. H.R. 3257: Mrs. MALONEY of New York. States Environmental Protection Agency to H.R. 1747: Mr. DEFAZIO. H.R. 3298: Mr. CUMMINGS. address the recent approval of increases pol- H.R. 1748: Mr. CAPUANO and Mr. DELAHUNT. H.R. 3327: Mr. CLAY, Mr. LATOURETTE, and lution by British Petroleum into the Great H.R. 1772: Mr. MANZULLO, Mr. DELAHUNT, Mr. FRELINGHUYSEN. Lakes; to the Committee on Transportation and Mr. LATHAM. H.R. 3348: Mr. BURTON of Indiana. and Infrastructure. H.R. 1813: Mr. BRADY of Texas. H.R. 3363: Mr. MORAN of Virginia. f H.R. 1820: Ms. SCHWARTZ and Mr. MEEK of H.R. 3366: Mr. GRIJALVA, Mr. STARK, and Florida. Mr. BRADY of Pennsylvania. PRIVATE BILLS AND H.R. 1823: Mr. TIM MURPHY of Pennsylvania H.R. 3372: Mrs. TAUSCHER, Ms. NORTON, Mr. RESOLUTIONS and Mr. STEARNS. CONYERS, and Mr. MILLER of North Carolina. Under clause 3 of rule XII, H.R. 1843: Mr. FRANK of Massachusetts. H.R. 3385: Mr. DAVIS of Illinois, Ms. H.R. 1845: Ms. KAPTUR. CORRINE BROWN of Florida, and Mr. SPACE. Mr. GENE GREEN of Texas introduced H.R. 1888: Mr. WYNN H.R. 3414: Mr. GINGREY, Mr. WELDON of a bill (H.R. 3772) for the relief of H.R. 1946: Mr. CRAMER. Florida, Mr. BARTLETT of Maryland, Mr. Enrique Soriano and Areli Soriano; H.R. 1974: Mr. SCHIFF. WESTMORELAND, Mr. FEENEY, Mr. FRANKS of which was referred to the Committee H.R. 2045: Mr. HINCHEY and Mr. ALLEN. Arizona, Mrs. MYRICK, Mr. CAMPBELL of Cali- on the Judiciary. H.R. 2063: Mr. WEINER, Mr. MATHESON, Mr. fornia, Mr. SHADEGG, Mr. GOODE, Mr. KUHL of f ALTMIRE, and Mr. PRICE of North Carolina. New York, Ms. FALLIN, Mr. PITTS, Mr. H.R. 2070: Mr. FERGUSON. FORTUN˜ O, Mr. BROWN of South Carolina, Mrs. ADDITIONAL SPONSORS H.R. 2074: Mr. CASTLE. BLACKBURN, and Mr. LAMBORN. Under clause 7 of rule XII, sponsors H.R. 2092: Mr. RYAN of Ohio, Mr. DAVIS of H.R. 3418: Mrs. MALONEY of New York, Ms. Alabama, Mr. TIERNEY, Mr. FATTAH, and Ms. SHEA-PORTER, and Mr. MILLER of North Caro- were added to public bills and resolu- GRANGER. lina. tions as follows: H.R. 2116: Mr. MARIO DIAZ-BALART of Flor- H.R. 3438: Ms. GINNY BROWN-WAITE of Flor- H.R. 138: Mr. POE. ida, Mr. MARSHALL, Mr. MILLER of Florida, ida. H.R. 281: Ms. LORETTA SANCHEZ of Cali- and Mr. ALEXANDER. H.R. 3439: Ms. GINNY BROWN-WAITE of Flor- fornia and Mr. BERRY. H.R. 2123: Mr. STUPAK, Mrs. MALONEY of ida, Mr. MARSHALL, Mrs. CAPPS, and Ms. H.R. 371: Mr. PRICE of North Carolina. New York, Mr. WYNN, Ms. WASSERMAN SHEA-PORTER. H.R. 468: Mr. GUTIERREZ, Mrs. SCHULTZ, Ms. HIRONO, and Mr. HARE. H.R. 3452: Mr. HASTINGS of Florida. CHRISTENSEN, Mr. AL GREEN of Texas, Mr. H.R. 2138: Mr. ALLEN and Mr. HODES. H.R. 3459: Mr. HINCHEY. MCGOVERN, Mr. BACA, Mr. PASTOR, Ms. HAR- H.R. 2169: Ms. CORRINE BROWN of Florida H.R. 3461: Mr. ALTMIRE, Mr. SHIMKUS, Mrs. MAN, and Mr. FILNER. and Mrs. JONES of Ohio. BONO, and Mr. RUSH.

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H.R. 3465: Mr. SALAZAR. Mr. POE, Mr. MARCHANT, Mr. PETERSON of H. Res. 106: Mr. Shimkus. H.R. 3498: Mr. RYAN of Ohio. Pennsylvania, Mr. HOBSON, and Mrs. f H.R. 3499: Mr. GONZALEZ and Mr. MATHE- BIGGERT. SON. H. Res. 237: Mr. FALEOMAVAEGA. PETITIONS, ETC. H.R. 3512: Mr. MCNERNEY and Mr. RYAN of H. Res. 245: Mr. MCNULTY and Mr. Ohio. HASTINGS of Florida. Under clause 3 of rule XII, petitions H.R. 3531: Mr. EVERETT. H. Res. 259: Mr. PRICE of North Carolina. and papers were laid on the clerk’s H.R. 3533: Mr. WEINER, Mr. DAVIS of Illi- H. Res. 282: Mr. YOUNG of Florida and Mr. desk and referred as follows: EORGE MILLER of California, Ms. nois, Mr. G TERRY. 172. The SPEAKER presented a petition of LEE, Mr. ARCURI, Mr. PRICE of North Caro- H. Res. 310: Mr. MILLER of North Carolina. the Board of Commissioners of the County of lina, Mr. CUMMINGS, and Mr. CULBERSON. H. Res. 335: Mr. FALEOMAVAEGA, Ms. Armstrong, Pennsylvania, relative to a Reso- H.R. 3545: Mrs. EMERSON. ˜ SCHAKOWSKY, Mr. FORTUNO, Mr. MACK, Mr. lution supporting legislative changes pro- H.R. 3547: Ms. WASSERMAN SCHULTZ. MCGOVERN, Mr. UPTON, Mr. COBLE, Mrs. posed in the 2007 Farm Bill that would pro- H.R. 3563: Mr. DAVIS of Illinois and Mr. MALONEY of New York, Mr. GEORGE MILLER vide agricultural producers, farm-related BISHOP of Georgia. of California, and Mr. THOMPSON of Cali- businesses, and rural homeowners with H.R. 3577: Mrs. LOWEY, Mr. HARE, and Ms. fornia. broader access to financing by the coopera- BERKLEY. H. Res. 407: Mr. WEINER. tive Farm Credit System; to the Committee H.R. 3609: Ms. ZOE LOFGREN of California. H. Res. 433: Mr. LEWIS of Georgia. on Agriculture. H.R. 3616: Ms. KAPTUR. H. Res. 542: Mr. BARRETT of South Caro- 173. Also, a petition of the Legislature of H.R. 3622: Mr. LATOURETTE, Mr. EVERETT, lina. Rockland County, New York, relative to Res- Mr. BOREN, Mr. TIAHRT, Mr. PICKERING, Mr. H. Res. 573: Mr. REICHERT, Mr. KENNEDY, olution No. 497 requesting that the Congress SMITH of Nebraska, Mr. AKIN, Mr. WALBERG, Mrs. CHRISTENSEN, Ms. WATSON, and Mr. of the United States ensure that health in- Mr. CLAY, Mr. DAVID DAVIS of Tennessee, Mr. MEEKS of New York. surance for children through the State Child DOOLITTLE, and Mr. SPACE. H. Res. 587: Ms. SHEA-PORTER. Health Insurance Program (SCHIP) is con- H.R. 3646: Mr. BRADY of Pennsylvania and H. Res. 618: Mr. DOGGETT, Mr. FATTAH, and tinued and expanded; to the Committee on Mr. FORTENBERRY. Mr. LANGEVIN. Energy and Commerce. H.R. 3654: Mr. KUHL of New York, Mr. H. Res. 619: Mr. BROUN of Georgia. 174. Also, a petition of the City Council of SHAYS, Mr. DUNCAN, Mr. FORBES, Mr. DAVIS H. Res. 620: Mr. PALLONE, Mr. MCGOVERN, the City of Edina, Minnesota, relative to a of Illinois, Mr. MILLER of Florida, Mrs. Mr. LANGEVIN, Mr. HINCHEY, Mr. PAYNE, Mr. Resolution endorsing the United Nations EMERSON, Mr. GORDON, and Mr. WAMP. JACKSON of Illinois, Ms. NORTON, Mr. priciple of the responsibility to protect; to H.R. 3660: Mr. SPACE. GRIJALVA, and Mr. SHERMAN. the Committee on Foreign Affairs. H.R. 3689: Mr. NADLER. H. Res. 671: Mr. THOMPSON of California. 175. Also, a petition of the National Coun- H.R. 3691: Mr. ELLISON. H. Res. 674: Ms. BERKLEY and Mr. WEINER. cil Junior Order United American Mechan- H.R. 3695: Mr. MORAN of Virginia. H. Res. 693: Mr. COHEN, Mr. TOM DAVIS of ics, relative to Resolution No. 3 supporting H.R. 3700: Mr. MCNULTY. Virginia, Mr. LEWIS of Georgia, Mr. ENGEL, the proposal of an amendment to the Con- H.R. 3726: Mrs. LOWEY and Mr. MAHONEY of Mr. THOMPSON of Mississippi, Ms. KIL- stitution of the United States establishing Florida. PATRICK, Mr. JEFFERSON, Mr. STARK, Mr. English as the official language of the United H.R. 3729: Mr. HONDA, Mr. LANTOS, Mr. RUSH, Mr. DAVIS of Illinois, Mr. JACKSON of States; to the Committee on the Judiciary. MCKEON, and Mr. ROHRABACHER. Illinois, Mr. WYNN, Mr. WAXMAN, and Mr. 176. Also, a petition of the City Council of H.J. Res. 3: Mr. BACA. GUTIERREZ. the City of West Hollywood, California, rel- H.J. Res. 6: Mr. ROGERS of Kentucky. H. Res. 700: Mr. NUNES, Mr. COHEN, Mr. ative to a Resolution petitioning for the im- H.J. Res. 12: Mr. TIBERI. COLE of Oklahoma, Mr. FRELINGHUYSEN, and peachment of President George W. Bush and H.J. Res. 54: Mr. SESSIONS, Mr. TOWNS, Mr. Mr. FEENEY. Vice President Richard Cheney; to the Com- WELLER, Mr. LEWIS of Kentucky, Mr. BISHOP H. Res. 709: Mr. MCKEON. mittee on the Judiciary. of Georgia, and Mr. WALBERG. f 177. Also, a petition of the Arizona Demo- H.J. Res. 55: Mrs. CUBIN and Mr. POMEROY. cratic Party, relative to a Resolution calling H. Con. Res. 22: Mr. CRAMER. CONGRESSIONAL EARMARKS, LIM- for the full investigation into the abuse of H. Con. Res. 40: Mr. MORAN of Kansas. ITED TAX BENEFITS, OR LIM- power by President George W. Bush, Vice H. Con. Res. 122: Mr. ELLSWORTH. ITED TARIFF BENEFITS President Richard B. Cheney, and Attorney H. Con. Res. 176: Mrs. EMERSON. General Alberto Gonzales; to the Committee H. Con. Res. 182: Mr. DANIEL E. LUNGREN of Under clause 9 of rule XXI, lists or on the Judiciary. California, Mr. GOODE, and Mr. PRICE of statements on congressional earmarks, 178. Also, a petition of the Town of North Carolina. limited tax benefits, or limited tariff Ashfield, Massachusetts, relative to a Reso- H. Con. Res. 204: Mrs. DRAKE. benefits were submitted as follows: lution calling for an investigation and a vote H. Con. Res. 215: Mr. GOODE, Mr. MAR- to impeach President George W. Bush and SHALL, Mr. WHITFIELD, Mr. SHAYS, Mr. The amendment to be offered by Mr. Vice President Richard B. Cheney as pro- PLATTS, Mr. MCNULTY, Mr. SHIMKUS, Mr. OBERSTAR or his designee to H.R. 2095, the vided in the Constitution of the United SESSIONS, Mr. KIND, Mr. ORTIZ, Mr. CLYBURN, ‘‘Federal Railroad Safety Improvement Act States of America; to the Committee on the Mr. ETHERIDGE, Mr. HINCHEY, Mr. KELLER, of 2007’’, does not contain any congressional Judiciary. Mr. ARCURI, and Mr. MARCHANT. earmarks, limited tax benefits, or limited H. Con. Res. 216: Mr. EDWARDS. tariff benefits as defined in clause 9(d), 9(e), f H. Con. Res. 224: Mr. FATTAH and Mr. KEN- or 9(f) of Rule XXI. NEDY. f DISCHARGE PETITIONS— H. Res. 37: Mr. SALAZAR and Ms. SUTTON. ADDITIONS OR DELETIONS DELETION OF SPONSORS FROM H. Res. 106: Ms. RICHARDSON and Mr. The following Members added their FORTUN˜ O. PUBLIC BILLS AND RESOLUTIONS names to the following discharge peti- H. Res. 111: Mr. LIPINSKI, Mr. HIGGINS, Mr. Under clause 7 of rule XII, sponsors MURPHY of Connecticut, and Mr. POE. tion: H. Res. 231: Mr. BILBRAY, Mr. RADANOVICH, were deleted from public bills and reso- Petition 2, by Mr. BOEHNER on House Mr. PORTER, Mr. THORNBERRY, Mr. CAMP of lution as follows: Resolution 559: John M. McHugh, Jerry Michigan, Mr. PETRI, Mr. BISHOP of Utah, H.R. 3554: Mr. Salazar. Moran, and Spencer Bachus.

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Vol. 153 WASHINGTON, THURSDAY, OCTOBER 4, 2007 No. 150 Senate The Senate met at 9 a.m. and was lic for which it stands, one nation under God, ticular church become one of the domi- called to order by the Honorable JON indivisible, with liberty and justice for all. nant institutions in the State of Flor- TESTER, a Senator from the State of f ida; among spiritual institutions, one Montana. of the giants. APPOINTMENT OF ACTING Jim Henry is, indeed, a great leader PRAYER PRESIDENT PRO TEMPORE in the church, not only among his The PRESIDING OFFICER. Today’s The PRESIDING OFFICER. The flock, which was Orlando, but having prayer will be offered by our guest clerk will please read a communication risen to the position as the head of the Chaplain, Rev. Jim Henry, pastor to the Senate from the President pro Southern Baptist Convention. All of us emeritus, First Baptist Church, Or- tempore (Mr. BYRD). in this political realm know the enor- lando, FL. The legislative clerk read the fol- mous tensions that have been raised in The guest Chaplain offered the fol- lowing letter: the religious community over various lowing prayer: U.S. SENATE, doctrines, the interpretation of the Bow your heads and hearts with me, PRESIDENT PRO TEMPORE, Scriptures, differences that arise and please. Washington, DC, October 4, 2007. cause strife. As the leader of the Dear Father, we acknowledge You as To the Senate: Southern Baptist Convention, Jim almighty, sovereign, holy God. Yours, Under the provisions of rule I, paragraph 3, Henry was the great healer, the great O Lord, is the greatness and the power of the Standing Rules of the Senate, I hereby reconciler, bringing together the var- and the glory and the majesty, and the appoint the Honorable JON TESTER, a Sen- ious sides to, in effect, emulate what splendor for everything—in heaven and ator from the State of Montana, to perform Jesus of Nazareth taught. Earth—is Yours. I know, my God, that the duties of the Chair. It is interesting, in Jim’s prayer this You test the heart and are pleased with ROBERT C. BYRD, President pro tempore. morning, he asked that we all become integrity. Grant it for these who serve servant leaders. Isn’t that true about in this Senate. Remind every one of us Mr. TESTER thereupon assumed the the role model that was set by Jesus of that we are servant leaders, so give hu- chair as Acting President pro tempore. Nazareth, a servant leader who said mility and not arrogance. f that if you want to be first, you should May your holy angels protect each be last; if you want to be the master, household. Bless the staff and all of RESERVATION OF LEADER TIME you should be the servant? That prin- those who work behind the scenes with The ACTING PRESIDENT pro tem- ciple, laid out in the Scriptures, is one joy in their labor. Surround our Sen- pore. Under the previous order, the of the greatest principles for us to fol- ators with people who would speak leadership time is reserved. low as public servants. What is our ob- truth to their ears, so to place prin- f ligation? To serve as servants of the ciple above temporary favor. Teach us public we represent. to number our days that we may apply RECOGNITION OF THE ACTING It is with great privilege that I wel- our hearts to wisdom, that we might MAJORITY LEADER come my dear friend and one of the discern the times. Instruct us with the The ACTING PRESIDENT pro tem- great spiritual leaders of America, Pas- reality that 100 years from now, names pore. The Senator from Florida. tor Jim Henry, and thank him for his will be but print on the pages of his- service as the Chaplain in the Senate tory. Let their legacy be a nation that f for the day. remains free and a lighthouse of hope THE GUEST CHAPLAIN f to the world and that this Senate served this generation nobly. We desire Mr. NELSON of Florida. Mr. Presi- MEASURE PLACED ON THE Your ‘‘Well done, good and faithful dent, it is my privilege to start off this CALENDAR servant.’’ So help us God. session by making some comments Mr. NELSON of Florida. I understand In the name of my God, my Lord, my about our guest Chaplain, who has been that H.R. 2828 is at the desk and due for saviour Jesus Christ, I pray. Amen. a personal friend of mine in Orlando for a second reading. the last three decades. He has pastored f The ACTING PRESIDENT pro tem- over those three decades the very sig- pore. The Senator is correct. The clerk PLEDGE OF ALLEGIANCE nificant and very dynamic First Bap- will read the bill by title for the second The Honorable JON TESTER led the tist Church of Orlando, just recently time. Pledge of Allegiance, as follows: handing over the reins to his successor The legislative clerk read as follows: I pledge allegiance to the Flag of the after a transition period of some num- A bill (H.R. 2828) to provide compensation United States of America, and to the Repub- ber of years which have seen that par- to relatives of United States citizens who

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S12695

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VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.000 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12696 CONGRESSIONAL RECORD — SENATE October 4, 2007 were killed as a result of the bombings of health coverage. But what we see is unanimously in the Senate. But rather United States Embassies in East Africa on this vehicle was then used, with a 140- than take care of business, rather than August 7, 1998. percent increase in Federal spending, do our jobs, unfortunately this has de- Mr. NELSON of Florida. I now object to take this program not just from generated into political gamesmanship, to any further proceedings at this children up to 200 percent of poverty where the House leadership, Speaker time. but to then say this can be a wealth PELOSI and others, have decided that The ACTING PRESIDENT pro tem- transfer from the pockets of the Amer- rather than have the vote on the over- pore. Objection is heard. The bill will ican taxpayers to the middle class be- ride of the President’s veto, which they be placed on the calendar. cause under the bill the President ve- know will be sustained, immediately f toed, up to 400 percent of poverty level they have decided to put it off until Oc- could be covered by this welfare ben- MORNING BUSINESS tober 18 in order for the political games efit. That translates to a family of four to continue. The ACTING PRESIDENT pro tem- roughly making $80,000 a year. It is Obviously, this is another reason pore. Under the previous order, there simply unacceptable, from my perspec- Congress’s approval rating in most will now be a period for the transaction tive, to say that you can take money public opinion polls is well under 20 of morning business for 60 minutes, from the pockets of the American tax- percent. The American people wonder with Senators permitted to speak payer not for a welfare benefit to help why is it that Washington is not hear- therein for up to 10 minutes each and those in need but to help those who al- ing what they are saying when it the time equally divided and controlled ready have their own health insurance, comes to being good stewards of the between the two leaders or their des- simply to provide a free benefit to taxpayers’ dollars, when it comes to ignees, with the Republicans control- those who are already covered by their making sure the money we do spend ling the first half and the majority own health insurance. There is no that they earn and which is transferred controlling the final half. sound basis upon which to take what is to the U.S. Treasury is spent effi- Mr. NELSON of Florida. I ask unani- essentially a welfare benefit and trans- ciently and effectively on important mous consent that the time I have used form that into a middle-class entitle- programs we all support as opposed to not be charged against the majority’s ment—unless, of course, there is some- these programs being used essentially time. thing else going on here, which I sus- as a Trojan horse for other objectives. The ACTING PRESIDENT pro tem- pect there is. I will talk about that in The final concern I have about this pore. Without objection, it is so or- a moment. vast expansion of the SCHIP program— dered. In my own State, I wish we would re- a 140-percent increase over the current The Senator from Texas. double our efforts to focus our vision program—is it clearly represents an- f on the original intent of the SCHIP other step toward a Washington-con- legislation because in my State, there VETO OF SCHIP trolled health care system, something I are roughly 500,000 Medicaid-eligible think would be a tragedy for our coun- Mr. CORNYN. Yesterday, the Presi- children who are not covered by Med- try. Eventually, it would crowd out the dent vetoed the State Children’s icaid. Why? Because their parents private sector and the choice and the Health Insurance Program expansion haven’t signed them up for benefits individual decisionmaking Americans that the Congress had sent to him, as they are entitled to under the law. can make with their own health care he said he would. I would hope all of us There are an additional 200,000 SCHIP- provider to determine what is in their would get down to work on the serious eligible children, up to 200 percent of best interest, what kind of treatment matter of trying to come up with a poverty level in Texas, who are not they want to have for their health care compromise which would achieve the signed up for that benefit. So why in needs, as opposed to turning that over original intent of Congress when we the world, when there are still children to Government bureaucrats. passed the legislation back in 1997 and in the target population we are trying There are three things I can guar- when it was signed into law by Presi- to help who remain uncovered, are we antee will happen when Washington dent Clinton and which has served the going to be diverted by a huge expan- makes all the health care decisions. Nation’s children so well. Instead, it sion of this program beyond its origi- No. 1 is, it will be expensive. It will not appears you can’t take the politics out nal intent to cover adults in 14 States? be free, or I should say you would be of politics and you can’t take the poli- In the State of Wisconsin, more adults surprised at how expensive ‘‘free’’ tics out of Washington. than children are covered by the State health care turns out to be in terms of This matter has become a political Children’s Health Insurance Program— the tax payments that will be required football that is going to be used for obviously, that was not part of to support it. partisan political gain. I think that is Congress’s original intent—up to 400 Secondly, I will tell you that a Wash- a shame. I say that not with a sense of percent of poverty level, up to $80,000- ington-controlled health care system anger but with a sense of disappoint- plus for a family of four. It is simply will be excessively bureaucratic. It is ment that we would see something as another example of a well-intended, just in the nature of Washington. With important as providing health coverage perhaps as originally intended, pro- central Government control for 300 to our Nation’s children be used in po- gram that has now been expanded be- million people, there will be more red litical ads and that rather than have a yond all recognition. tape than anybody can imagine. It will veto-override vote in the House of Rep- If possible, I would say this was the make it harder to get access to the resentatives forthwith, it has now been equivalent of mission creep for the U.S. health care that right now is readily postponed by Speaker PELOSI to Octo- military. It is clearly another example available for virtually all Americans. ber 18 to give the Democratic Congres- of trying to use a successful Govern- The question is, how are we going to sional Campaign Committee time to ment program, a welfare benefit for deliver it the most efficiently, not run ads against those who would likely low-income kids, and to expand it be- whether they can get access to it. Be- uphold the veto in their congressional yond recognition—another example, I cause we all agree they should have districts over the next week or so. That am afraid, of wasteful Washington and do have access to health care is a shame. I wish they would recon- spending run amok. today. sider. The question is not whether the The third thing I will say is, I will The problem, after all, with the bill State Children’s Health Insurance Pro- guarantee once Washington makes all Congress passed is that while the State gram will continue. Even after the health care decisions, it will be con- Children’s Health Insurance Program President’s veto, as my colleagues trolled by rationing. The costs of was designed to take up where Med- know, we passed a continuing resolu- health care delivery—when Washington icaid left off, this was fundamentally a tion which would continue the current makes all the decisions—will be con- welfare benefit, one which I believe the program through November 16. I know trolled by rationing. What is the evi- Congress wisely decided was necessary today that if we had an opportunity to dence of that? Well, if you look right for our Nation’s poor, low-income chil- vote on a continuation of the current now at the reimbursement rates Medi- dren, to make sure they got access to program as targeted, it would pass care, Medicaid, and SCHIP provide to

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.002 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12697 health care providers, who provide The other situation which has not our intentions are in the rest of the health care services under those pro- been characterized is, if you look at bill. grams, those reimbursement rates are the CBO scoring, for any one new child So as the American public hears all much lower than private health insur- who goes on SCHIP under this bill, one the criticism of those who say: We ance. comes off of private insurance. It is one don’t want more Government; we want Where I live in Austin, TX, only 18 for one. That is what the CBO says. So less; we want the Government we have percent of physicians are accepting what we are doing is, we are asking the to be more efficient, more transparent, new Medicare patients. Why? It is be- American taxpayers—but, actually, we and more accountable—as they criti- cause the reimbursement rates set by are not. We are asking the very chil- cize us for those positions, they are the Federal Government are so low dren whom we are supposedly going to going to say we don’t care about chil- that most doctors cannot treat new give care to, to allow us to borrow dren. Medicare patients and keep their doors money now to pay for their care so Do you care about children if you are open for other business. they can pay a higher tax rate 25 years going to steal their future by under- So if we continue down this road to a from now. mining their ability to have a future single-payer, Government-run health This bill lacks integrity in terms of by not paying for and growing the Gov- care system out of Washington, DC, it the way it pays for itself. Everybody ernment and borrowing more and more will be expensive, it will be bureau- knows that. It is another little wink money? It cannot happen. We cannot cratic, and it will result in rationing and nod from Washington: Yes, we have give our children a future if we con- such as citizens of Canada and the a pay-go rule. Yes, we are going to pay tinue to be dishonest with ourselves United Kingdom currently have with for it. But, oh, by the way, it costs $121 and dishonest with the American pub- their single-payer system, where the billion, but we are only going to tell lic. kinds of access to health care we take you it costs $35 billion. And, by the I think President Bush is right on for granted in this country—and we way, we don’t have the tax revenues to this issue. No. I don’t think so. I know can get in a matter of hours or a mat- pay for it, so we are going to lie about he is. One of the reasons we are having ter of days, at most—they have to wait the tax revenues on it. difficulty at this time in our country months and years because of the ra- It is important that Washington with health care is because 52 percent tioning resulting from a single-payer, start getting what America has already of the health care now is run by the Government-run health care system. got; that is, how about some plain Government. Why is it a large percent- That is the wrong prescription for words that have to do with our health age of people who are now coming on to the American people. I believe once care situation? If we want to move to Medicare—and in 3 years the baby they begin to realize this radical ex- national health care, let’s have a de- boomers start coming on to Medicare— pansion of this program—which has a bate about national health care. Let’s why is it the vast majority of them very important target audience of 200 talk about the fact that in England the cannot find a Medicare physician? Why is that? Could it be that we have prom- percent of poverty, poor kids—has now average length of time waiting for ised something we are not going to pay been blown up into something that treatment for a cancer after it is diag- for, so we are going to reimburse at a hardly anybody would recognize, cov- nosed—they are trying to move from 10 lower level? ering middle-class Americans, result- months to 3 months. In this country it The next thing to come out of this ing in a vast wealth transfer from the is 4 weeks. It is 4 weeks. The cure rates body will be: If you are a physician in taxpayers to the middle class—and for cancers in this country are 50 per- this country, you have to take Medi- that it is not just a welfare benefit, but cent to 100 percent better than any- care, just as in Massachusetts you have an incremental step toward a single- where else that has a nationalized to take Medicaid. Our health care sys- payer, Washington-controlled health health care system. Why is that? Why tem ought to be about freedom and care system—I think that would be the is it that 80 percent of all the innova- choice and personal responsibility, and, wrong prescription for America. tion in health care in terms of new yes, it ought to be about helping those Mr. President, I yield the floor. medical products, new techniques, new who need our help. But, quite frankly, The ACTING PRESIDENT pro tem- devices, new diagnostics come out of if you are making $80,000 a year in this pore. The Senator from Oklahoma. this country’s private sector? country, we ought to be about paying Mr. COBURN. Mr. President, I want Let’s have a real debate about na- off debt rather than paying for your to spend a few minutes talking about tional health care. But let’s quit lying child’s health insurance. That is what this issue of health care and children’s to the American people that in the this bill does. That is what this bill al- health care, the issue about all the pol- name of children we are going to spend lows. itics that are involved, and the issue their future money to create a segue to So we are going to have a debate. We about the next election and how you national health care. are going to see the political games can make somebody look bad because In the State of New Jersey, well over played out. This bill will not be over- they do not agree that we ought to half the money for children’s health ridden in the House, and then we are transfer a large segment of our health care is spent on adults. In the State of going to have to come back and address care to the Government. Florida, 750,000 kids under 200 percent it. My hope is when we address it, we I think it is most important that the of the poverty level are not on SCHIP will add premium support for those American people ought to be asking right now. In the State of Texas, 700,000 who are on the edge so we can help some questions. Why is it we have a are not. Yet we are going to create a those who are in private insurance stay health care program that we are put- system to raise—it is important the in private insurance, we will be honest ting out that the President rightly ve- American people know what 200 per- on how we pay for it. The most dis- toed that pays $4,000 to buy $2,300 cent of the poverty level is. It is $42,000 appointing thing about this bill is the worth of care? It is a simple question. a year. lack of integrity and honesty and char- We are going to pay $1,700 more than What we are saying under the present acter in terms of the way it is paid for. we should to run it through the Gov- SCHIP bill—the one that has been ex- It shows the depths of which we fool ernment—to buy $2,300 worth of care. tended with the CR—is if you as a fam- ourselves and play the game of politics That makes no sense. But whoever said ily make less than that, we are going rather than play the game of states- Washington makes sense? to help you out with your kids. But if manship. It is a disappointing aspect, As a matter of fact, this bill is more you make more than that, you ought and I would say our approval rating is nonsensical than any bill we have to be contributing. well earned just on the basis of this passed this year. It assumes that 22 This body does not care about kids bill. million Americans now have to start because it voted against a premium I yield the floor. smoking to pay the taxes that will pay support amendment to allow kids in I suggest the absence of a quorum. for this bill. Twenty-two million? these higher income families a way to The ACTING PRESIDENT pro tem- Right now we have a problem with the buy health insurance. What we have pore. The clerk will call the roll. cost of tobacco use in this country and said is no, we cannot do that. But we The legislative clerk proceeded to long-term care. can certainly be dishonest about what call the roll.

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.003 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12698 CONGRESSIONAL RECORD — SENATE October 4, 2007 Mr. WHITEHOUSE. Mr. President, I tion and other services and to reduce As recently as last summer at a Fi- ask unanimous consent that the order the number of uninsured children in nance Committee hearing, his own for the quorum call be rescinded. our State. CMS Administrator, Mark McClellan, The ACTING PRESIDENT pro tem- This year, leaders on both sides of stated—and this is a quote from the pore. Without objection, it is so or- the aisle came together in the Senate Bush administration: dered. to make this strong, vital program Extending coverage to parents and care- f even stronger. The $35 billion agree- taker relatives— ment Congress passed last week would SCHIP VETO Parents and caretaker relatives— have brought health care to 10 million not only serves to cover additional insured Mr. WHITEHOUSE. Mr. President, as American children over the next 5 individuals, but may also increase the likeli- I have traveled around Rhode Island, I years, including adding up to 6,600 cur- hood that they will take the steps necessary have met so many families who worry rently uninsured children in Rhode Is- to enroll their children. Extending coverage about health care. Will their child fall land. We improved the program in to parents and caretakers may also increase ill? Will the price of prescription drugs other ways as well, adding quality den- the likelihood that their children remain en- or a visit to the doctor go up again? tal and mental health care for children rolled in CHIP. As health care costs skyrocket and and new incentives for States to enroll Here is a copy of a letter that Admin- the number of uninsured Americans ap- more eligible children and to improve istrator McClellan wrote to my home proaches a staggering 50 million, we the quality of care. State of Rhode Island on January 13, have a solemn obligation to make But President Bush took all that 2006. It reads: health care more accessible and afford- away with the stroke of his veto pen. We are pleased to inform you that your able. Why? Health insurance, he says, should amendment to the RiteCare section 1115 This obligation is not new. For dec- be delivered in the private market. demonstration, as modified by the special ades, our Government has treated it as Well, guess what, Mr. President. The terms and conditions accompanying this award, has been approved. one of the most sacred promises we majority of children’s health bene- keep with the American people, and it ficiaries receive their coverage through It also notes that Rhode Island’s re- has been one of our best opportunities private health plans. In fact, in 2005, all quest to renew its demonstration to just plain do the right thing. Initia- but two separate State children’s project has also been approved. And what exactly did Mark McClel- tives such as Medicare and Medicaid health programs used a managed care lan approve? Here is the next quote: are among our greatest accomplish- company to provide CHIP benefits. The ments. The Children’s Health Insur- children’s health plan does not threat- Expenditures for expanded SCHIP eligi- bility to individuals who, at the time of ini- ance Program is a shining light in the en privatized health care; it is tial application, are custodial parents or rel- American health care system, pro- privatized health care for almost two- ative caretakers of children eligible under viding health coverage to millions of thirds of its enrollees. In Rhode Island, the plan. American children whose families the Children’s Health Insurance Pro- Signed Dr. Mark McClellan. could not otherwise afford insurance. gram is delivered entirely through pri- The Bush administration approved Since its creation in 1997, the Chil- vate insurers. As I have displayed here, the program in Rhode Island for custo- dren’s Health Insurance Program has the children’s health program looks a dial parents and relative caretakers. given children in America’s working lot like the health insurance the Presi- Yet the President is shocked— families better access to medical care dent has and the Senate has, and it shocked—that this program may cover for common conditions such as asthma doesn’t look anything like the social- some adults. or ear infections, better school attend- ized medicine Republican opponents of President Bush, you authorized the ance rates, better academic achieve- this program have used as a red her- coverage for these adults over and ment, better medical access, and more ring. over, State by State, through your preventive care. It means that children By the way, as a footnote on the pub- Cabinet Secretary overseeing this stay out of expensive urgent care set- lic versus private health insurance problem. Your argument, sir, is with tings such as the emergency room. The question, maybe President Bush, who yourself. Children’s Health Insurance Program is claims to be a fiscal conservative, All I can say is you were right the among the singular health care success would be pleased to learn that the first time, before you took this shame- stories of our generation. That is why small group of children’s health bene- ful ideological U-turn. it has long enjoyed bipartisan support, ficiaries who actually are in public in- Setting aside reason, setting aside including enthusiastic support from surance programs, cost the Govern- the security and peace of mind of Republican Governors. ment less than those who are on pri- countless working-class families, driv- My State of Rhode Island has played vate insurance. In fact, publicly in- en by ideology, President Bush lifted a vital role in creating and sustaining sured children cost taxpayers 10 per- his veto pen for only the fourth time in the Children’s Health Insurance Pro- cent less than privately insured chil- his Presidency and struck down the gram. The distinguished Republican dren, and publicly insured adults cost Children’s Health Insurance Program. Senator John Chafee, whom so many of 30 percent less than privately insured His reason this week: Because it costs my colleagues will remember, was one adults. too much. of the early bipartisan architects of But the President is not persuaded by In other words, the same administra- this bill. For years, my senior Senator, these facts. It does not matter to him tion that in 1 year, in 2008, will spend JACK REED, has been one of the most that publicly insured children have a $70 billion to pay for the Bush tax cuts powerful advocates for this program in much better chance of having a well for the top 1 percent of income earners, the Senate. I am proud to add my voice child care visit than uninsured children thinks it is too much to spend half that of support to his. and a much better chance of having a much over 5 years to provide billions of I am proud also to represent a State dental care visit. It does not matter American children affordable health with one of the lowest rates of unin- that practical Republican Governors care. Said another way, the annual sured children and adults in the Na- across the country support this bill or cost of Bush tax cuts for the superrich tion. Rhode Island has worked for 15 that it is one of the most bipartisan is 10 times the annual cost of this bill years to achieve this success, begin- achievements of this Congress. All that for children’s health care, and he says ning with Gov. Bruce Sundlun’s estab- seems to matter to this President is he vetoes it over its cost. lishment of the original RIteCare Pro- ideology, and in this case, it is a bi- The same administration is spending gram in 1993. I was honored to have zarre ideology that doesn’t think more than $10 billion each month in been part of Governor Sundlun’s team. struggling, working-class families Iraq, with no plan for ending the war Similar to many State programs, should have health care. In fact, he es- and bringing our troops home, an ad- RIteCare relies on this funding that pecially doesn’t believe that strug- ministration that is now asking for 200 the President vetoed—relies on it to gling, working-class parents should billion more dollars for the war this help families pay for regular checkups, have health care. He threatened to veto coming year, refuses to spend $35 bil- immunizations, prescriptions, nutri- this bill based on that feature alone. lion over the next 5 years to provide

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.005 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12699 millions of children all over this coun- table. Nobody got everything they one. Right now, Members of the House try affordable health care. wanted, but the final product was wor- of Representatives are working to find Instead, the President sought a fund- thy of support and pride on all sides. the votes to override this veto, per- ing level that would result in 1 million I had hoped that after seeing the tre- haps, and hopefully end the fears of Ms. American children losing—losing— mendous work that went into this com- DeBord and millions of moms just like their health insurance. promise the President would think of her. They need a few more votes. If So where would their families go to the kids in every State of the Union they get a few more votes, we can tell get these children health care if they who needed basic health care and re- the President that investing in families don’t have access to this insurance consider his position. and investing in America is a priority under the President’s proposal? Well, I had hoped he would think about the of the men and women of this Congress before an audience in Cleveland on families who are struggling to make no matter how many vetoes he sends July 10, the President of the United ends meet and reconsider his position. our way. States revealed his approach: I had hoped that in the end he would It is very troubling to me that the People have access to health care in Amer- reconsider his plan to say no to our President continues to ignore the wish- ica— children and to our families. But yes- es of the American public. The Amer- He said. terday those hopes were dashed. ican people and the vast majority of All children should be able to see a After all, you just go to an emergency Congress want to expand stem cell re- room. doctor when they are sick, and all chil- search to find cures for diseases affect- dren should be able to get the medicine So that is it. ing so many in our Nation. The Presi- they need to make them better. When Tax cuts for billionaires that explode dent says no. a child gets a cut that requires stitches The American people and the vast our national debt and leave future gen- or comes down with a fever or an ear- majority of Congress want to change erations on the hook to pay for it—that ache or with any other imaginable course in Iraq and bring our troops is a big priority for President Bush. problem, they ought to be able to get home safely. The President says no. Billions for Blackwater, for an endless help, period. The American people and the vast war with no plan to end it, for no-bid Unfortunately, as we all know, today majority of Congress want investment contracts for Halliburton—that is a big in America—the richest and most suc- in roads, bridges, medical research, and priority for President Bush. cessful country ever—that is not the education. The President says no. But health care for children and their case. In fact, millions of American The American people and the vast struggling working-class families, all children do not have health insurance, majority of Congress want to provide paid for in the budget after hard-work- which means millions of American kids health care for our young children ing bipartisan compromise? Nope. That cannot see a doctor when they are sick, today. The President says no. is not a priority. That is a veto. and millions of American children So we need a few more Republicans And the kids? ‘‘Send them to the don’t get the medicine they need to to join us and to join the American emergency room,’’ he says. people in telling the President he is I am ashamed of the President’s deci- help them get better. It doesn’t matter if you are a Repub- wrong and he cannot stand in the way sion. His veto was unnecessary. It was lican or a Democrat, whether you are a of progress for our young kids. I hope wrong. It is now up to Congress to progressive or conservative, I believe the disappointment felt by kids and make it right. I ask my colleagues to making sure our children get health their families today is going to be override the President’s veto of chil- care is the moral thing to do. washed away in the weeks to come by dren’s health insurance. This veto that the President penned another bipartisan show of support for I yield the floor, and I suggest the ab- yesterday has real and serious impact this outstanding and critical health sence of a quorum. on many families in my State and care program in America. The ACTING PRESIDENT pro tem- across the country. Because President Mr. President, I yield the floor and pore. The clerk will call the roll. Bush vetoed that bill, 3.8 million unin- suggest the absence of a quorum. The legislative clerk called the roll. sured children are going to continue to The ACTING PRESIDENT pro tem- Mrs. MURRAY. Mr. President, I ask live without coverage. Let me say that pore. The clerk will call the roll. unanimous consent that the order for again. President Bush told 3.8 million The legislative clerk proceeded to the quorum call be rescinded. call the roll. The ACTING PRESIDENT pro tem- children in America they cannot have health care. To me, that is just shame- Mr. BINGAMAN. Mr. President, I ask pore. Without objection, it is so or- unanimous consent that the order for dered. ful. When I came to the floor a couple of the quorum call be rescinded. Mrs. MURRAY. Mr. President, I wish weeks ago to talk about this important The ACTING PRESIDENT pro tem- to commend the Senator from Rhode bill, I told the story of a woman in my pore. Without objection, it is so or- Island for voicing his concerns about State, Sydney DeBord, who lives in dered. the veto of the children’s health bill Yakima, WA. She is a young girl who f that is so important to so many chil- has cystic fibrosis. Her mom wrote to dren, and I appreciate his strong state- SENATOR DOMENICI’S me to tell me how important this chil- ment. RETIREMENT I think yesterday was a sad day for dren’s health insurance program was to Mr. BINGAMAN. Mr. President, we all Americans. For reasons I can’t com- her family. She said it allowed her have all seen the news that our friend daughter, Sydney, to get and extend prehend, President Bush yesterday de- and colleague, PETE DOMENICI, is plan- cided to veto our bipartisan effort to her life, and it allowed her to live her ning to announce today that he will re- invest in health care for the Nation’s very tough life to the fullest. I want to tire from the Senate at the conclusion quote again from that letter because I children. With no fanfare, behind of his term. Senator DOMENICI called closed doors, when no one was looking, believe she speaks for those more than me yesterday afternoon to tell me of the President put his personal politics 3 million children and their families on this decision. My reaction was one of ahead of increased investment in our this dark day. surprise first, and then that gave way Ms. DeBord said: most precious asset, our children. to admiration and appreciation for this I was so proud last week when, with I know for a fact that without this bit of man’s decision to conclude his distin- assistance her life would end much sooner bipartisan support in good margins in due to the inability to afford quality health guished career of public service on his both Houses of Congress, we passed the care for her. As her parent, it frightens me own terms. Children’s Health Insurance Program. to even think some day she may be without He and his wife Nancy are traveling That bill is an example of how Govern- health care coverage if programs like CHIP to Albuquerque this morning for the ment ought to work. are no longer available. announcement this afternoon. This is a Leaders in the House and in the Sen- Today, I share Ms. DeBord’s fears, great gesture to the people of New ate, both Republicans and Democrats, and all other parents do as well. Mexico, and in New Mexico the Domen- worked together to find a compromise We have another chance. The Presi- icis will be greeted with the affection that could work for everyone at the dent doesn’t have the final say on this and respect which they richly deserve.

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.006 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12700 CONGRESSIONAL RECORD — SENATE October 4, 2007 When I arrived in the Senate in 1983, PETE has been a tireless champion each afternoon in his father’s whole- PETE DOMENICI was then a 10-year vet- for the public land states of the West. sale grocery business while attending eran of this place, and he was here to He understands the challenges facing school in Albuquerque during the day. welcome me at that time. In his 34 an arid climate, including water re- At the University of New Mexico, PETE years in the Senate, PETE has earned a sources management in the face of found an early calling for public serv- reputation as a fierce and effective drought and the conflicts over water ice and earned a degree in education. champion for New Mexico. While he allocation, as well as public lands man- He was a remarkable athlete as well and I have not agreed on some issues, I agement and issues relating to re- and became a pitcher, briefly, for the have never questioned his commitment source extraction, forest health and Albuquerque Dukes, the farm team of to do what he believed was right for grazing. the Brooklyn Dodgers, and then taught our State and for this country. PETE has worked tirelessly to ensure math at junior high school while he Today, and during his entire Senate that our Nation has the energy re- earned his law degree. career, PETE has achieved what all of sources it will need to meet the grow- In 1966, PETE was elected to the Albu- us try to achieve; that is, to be effec- ing demand well into the 21st century. querque City Commission, where he tive in getting results in Washington, The Energy Policy Act of 2005 provides served until he was elected to the Sen- while also staying close to the people the incentives and the Federal support ate in 1972. He is now the longest serv- who have sent us here to represent required to meet these future energy ing Senator in New Mexico history. For them. needs. It also encourages energy effi- some 35 years, he has been an out- PETE and I, of course, have worked ciency and conservation, as well as the standing colleague, admired and re- together on many issues and projects, development of clean, non-emitting re- spected by all of us on both sides of the but our most productive collaboration sources. aisle. has been on the Energy and Natural When I was first elected to the Sen- PETE will be remembered by all Resources Committee. For the last few ate, I served on the Budget Committee, Americans as a brilliant and tireless years, he has been the most senior Re- which was then chaired by PETE champion for the rights of those with publican, and I have been the most sen- DOMENICI. I could not have asked for a mental illness. His tenacity and com- ior Democrat. In the last Congress, better mentor on the complex issues mitment led, in 1996, to the passage of when PETE was chairman of the com- related to the Federal budget process. I the first legislation to end discrimina- mittee and I was the ranking Demo- also served on the Energy Committee, tion against people with mental illness. crat, we were able to secure passage of where PETE has been both Chairman More than anyone, PETE understood the Energy Policy Act of 2005. PETE de- and Ranking Member. that such discrimination prevented serves substantial credit for the pas- Senator DOMENICI has also been a vast numbers of people with mental ill- sage of that important legislation. stalwart leader and champion in the ness from receiving the care and treat- Senator DOMENICI’s announcement battle to provide persons with mental ment and, frequently, the cure they de- today is not, I am glad to say, that he illness equal access to health care serv- served. Over the past 5 years, I have is leaving the Senate at this time. His ices. In 1996, Senator DOMENICI teamed had the privilege of working closely announcement will be that he will with then-Senator Paul Wellstone to with PETE to improve that original leg- serve out his term, but he will not pass the first Federal law intended to islation. His passion and perseverance stand for reelection to another term. help persons with mental illness ac- to achieve full equality in the covering He has assured me that he expects the quire protections and access to care. of mental and physical illness has remaining 15 months of his service in Fortunately, Senator DOMENICI un- never wavered. The recent Senate pas- the Senate to be productive and, know- derstood that more could and should be sage of the Mental Health Parity Act is ing PETE, I am sure they will be. done. So it was with pleasure I was a tribute to PETE and the result of his There will be time later for valedic- able to work with him to craft S. 558, extraordinary dedication and ability. tories. For today, we will listen to Sen- the Mental Health Parity Act of 2007, I am sure PETE and Nancy thought ator DOMENICI’s announcement and which has passed the Senate. This bill long and hard about the decision to re- send our thanks and best wishes to him will help ensure that insurance compa- tire from the Senate and that it wasn’t and to Nancy. nies begin treating illnesses of the an easy choice to make. But I know Mr. SMITH. Mr. President, today I mind on the same level as illnesses of they will have much more time to pay tribute to one of our most distin- the body. spend with their eight children and the guished Senior Senators, and a per- I also want to acknowledge his work wonderful people and breathtaking sonal friend of mine, PETE DOMENICI of to help protect Federal programs serv- mountains of New Mexico. We are for- New Mexico, who yesterday announced ing our citizens who battle mental ill- tunate that we will have at least an- he will retire at the end of this Con- ness. He has, over the years, authored other year to work together on the gress. and supported policies improving Medi- issues we care so deeply about. The son of Italian immigrants, Sen- care and Medicaid for persons living As we prepare to say farewell to our ator DOMENICI has accomplished many with these diseases. His compassion great friend, I am reminded of the lines things in his long and distinguished ca- and leadership will be greatly missed of the New Mexico State song: reer. Growing up in Albuquerque, he by the mental health community, and I O, Fair New Mexico, worked in his father’s wholesale gro- personally will miss his insight and We love, we love you so, cery business. After earning a degree in knowledge in the U.S. Senate. Our hearts with pride o’reflow, education from the University of New In closing, let me wish you and your No matter where we go. Mexico in 1954, he pitched for the Albu- wife Nancy the very best on your re- O, Fair New Mexico. querque Dukes, a farm club of the old tirement and return to your beloved No matter where PETE goes, we will Brooklyn Dodgers. He left baseball to State, New Mexico. always love and respect him, miss his be a teacher, and then earned a law de- Mr. KENNEDY. Mr. President, it is leadership, his statesmanship and, gree in 1958. with sadness that I speak about my most of all, his friendship. Senator DOMENICI’s life of public friend, the senior Senator from New I yield the floor and suggest the ab- service began in 1966, when he was Mexico, PETE DOMENICI, who will an- sence of a quorum. elected to the Albuquerque City Com- nounce later today he will not seek a The ACTING PRESIDENT pro tem- mission. In 1972, he was elected to the seventh term and will return, instead, pore. The clerk will call the roll. United States Senate, where he has to his beloved New Mexico at the end of The legislative clerk proceeded to served with dedication and distinction this Congress. call the roll. ever since. PETE DOMENICI was my PETE was born to Alda and Cherubino Mr. MCCONNELL. Mr. President, I home State Senator when I clerked for Domenici, and he has never forgotten ask unanimous consent that the order the New Mexico Supreme Court. At the where he came from and what he was for the quorum call be rescinded. time, I never thought that one day I sent here to do by the people of his The PRESIDING OFFICER (Mr. would have the privilege of calling my- State. He grew up learning about the PRYOR). Without objection, it is so or- self a colleague of Senator DOMENICI. value of hard work as an employee dered.

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Congress. They cannot plan for train- have come to the floor every day this However, on one thing we have al- ing, equipment, feeding, or protecting week to highlight the plight of the most all agreed: When we have forces our troops until they know the money Burmese citizens who have bravely pro- in the field, we ought to fund them. will be there beyond the immediate fu- tested for democratic reform. I have Once they are over there, you do not ture, and they cannot plan to be ready also tried to focus attention on the leave them guessing about whether for any other operations that might brutal actions that the ruling military they are going to eat or be clothed or arise outside of the current conflicts. junta, the State Peace and Develop- have the equipment they need to do This is no way to run a Defense Depart- ment Council, or SPDC, has taken to their jobs, and you don’t leave their re- ment, it is no way to treat the troops, crack down on its own people. placement units wondering whether and it is entirely inconsistent with the The whole world watched with horror they will be trained or equipped. expressions of support for the troops as Buddhist monks, armed with noth- In the heat of the first Iraq debate, that we registered with the Gregg and ing but prayers for peace, met uni- we passed by a strong bipartisan vote Murray resolutions and which we re- formed thugs armed with rifles sent to of 82 to 16 the Gregg resolution express- affirmed repeatedly, including yester- do their Government’s bidding. Untold ing the sense of Congress that no funds day, by rejecting the Feingold amend- numbers have been slaughtered, more should be cut off or even reduced for ment. are unjustly imprisoned, and the Bur- troops in the field which would result All summer, America and its allies mese citizens who are left are afraid to in undermining their safety or their waited for GEN David Petraeus to step outside of their homes. The ability to complete their mission. We come to the Hill and tell us about the SPDC’s swift and barbaric punishment passed, by an overwhelming 96-to-2 prospects in Iraq. We were encouraged of the Burmese people seems like a vote, the Murray resolution expressing when he told us the military objectives relic from another era. But what we the sense of the Senate that no action of his strategy were in large measure have seen on our television sets is all should be taken to undermine the safe- being met. We were proud when he told too real. ty of the Armed Forces of the United us that in the face of tough enemies I thank my fellow Senators for shin- States or impact their ability to com- and the brutal summer heat, coalition ing a spotlight on the actions of the plete their missions. And we repeatedly and Iraqi security forces had achieved SPDC this week to reveal them for the rejected the Feingold amendment as real progress toward achieving their despots they are. recently as yesterday, once again, that goals, in large part because they dealt I was encouraged when, on Monday, would cut off funds for the troops after what he described as a ‘‘significant my colleagues adopted a sense-of-the- a date certain next June regardless of blow’’—a significant blow—to al-Qaida. Senate resolution we offered with Sen- whether they have completed their General Petraeus recommended that ator KERRY condemning the SPDC for mission. as a result of these early successes, we its violent crackdown against the Under the Feingold amendment, can begin to draw down our troops be- peaceful protesters. And yesterday, which forbids U.S. troops from fighting ginning this year. That drawdown has Senators BOXER and MURKOWSKI held a anyone but al-Qaida and its affiliates, already begun. Last month, the Marine hearing of the Senate Foreign Rela- we would have to deploy a brigade of Expeditionary Unit that was deployed tions Committee’s Subcommittee on lawyers to interview the enemy, and as part of the surge left Iraq after a job East Asian and Pacific Affairs on the we would lose the ability to gather the well done. A combat brigade team will atrocities in Burma. I appreciated the kind of intelligence from Iraqis them- leave in mid-December, with four oth- opportunity to be over there and tes- selves—intelligence that has been an ers and two surge marine battalions to tify at that hearing, along with others. invaluable component of the Petraeus follow in the first half of next year. Democratic reform in Burma is an plan so far. The Iraqi people are talk- This was General Petraeus’s cautious issue that has received far too little in- ing to us now because they feel safer but expert plan for building on the suc- terest for a very long time. But the having U.S. troops around. Pulling cesses we have made in Iraq. The Presi- strong bipartisan support in Congress those troops out of the neighborhoods dent accepted that plan, and a major- is encouraging. and replacing them with snipers in hel- ity of Americans, including a majority To see significant change in Burma, icopters would cut us off from the very of Democrats, if we are to believe the ultimately the U.N. Security Council people who are helping us find the tar- polls, think it is a good idea. will have to enact meaningful sanc- gets in the first place. We have a new strategy in Iraq, ac- tions on the SPDC. Only then will the This Senate has argued for months cording to the general in charge. It is Government be pressured to move to- about Iraq, but on this one point al- working, and we owe it to the men and ward peaceful reconciliation. And for most all of us have agreed again and women in the field, first of all, to keep the U.N. Security Council to move, again and again: You don’t cut funds to a commitment we have already made China must be persuaded to move. troops who are already in the field. Yet to fund them while they are carrying Many changes need to happen in now it seems even that may be about out that strategy. We cannot, we must Burma, but until they do, I will con- to change. not close this session without pro- tinue to act and to advocate on behalf All last year, the Democrats com- viding the funding these troops need. of the Burmese people on the Senate plained that the President was hiding We also owe it to them to bring them floor. his spending requests for the war by home in a way that reflects the best f leaving them out of the Defense spend- judgment of their commanders. Gen- ing bill and putting them into a supple- DEFENSE APPROPRIATIONS eral Petraeus gave us a rare and valu- mental instead. So earlier this year, he able glimpse into the minds of our sol- Mr. MCCONNELL. Mr. President, Re- responded to those criticisms in good diers and marines when he testified on publicans and Democrats have been de- faith by making his request in concert Capitol Hill last month. General bating all year long about the troops. with the DOD appropriations bill. He Petraeus said: This has not been a debate about who said we would need about $150 billion None of us want to stay in Iraq forever. We wants to bring them home. Frankly, for 2008. all want to come home. We all have days of all of us want to bring them home. It The majority has been sitting on this frustration and all the rest of that. But what has been a debate about whom do you request for 8 months, and now they we want to do is come home the right way, trust to decide when these troops come have made a conscious decision to having added to the heritage of our services,

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The CJS bill funds to their task, here is what General CONCLUSION OF MORNING our major Federal law enforcement Petraeus said: BUSINESS agencies, and our State and local cops I think that that’s a very important factor The PRESIDING OFFICER. Morning on the beat. in what our soldiers are doing, in addition to business is closed. CJS funds the Federal Bureau of In- the fact that, frankly, they also just respect vestigation, FBI. The FBI is our do- the individuals with whom they are carrying f mestic national security agency. It has out this important mission, the men and DEPARTMENTS OF COMMERCE a dual mission—disrupting terrorism women on their right and left who share very AND JUSTICE, AND SCIENCE, on U.S. soil—tracking and taking down important values, among them selfless serv- AND RELATED AGENCIES APPRO- terror cells and dismantling dirty ice and devotion to duty. And that, indeed, is PRIATIONS ACT, 2008 bombs, as well as fighting violent a huge factor in why many of us continue to serve and to stay in uniform, because the The PRESIDING OFFICER. Under crime in our communities. The CJS privilege of serving with such individuals is the previous order, the Senate will pro- bill provides $6.6 billion for the FBI, truly enormous. ceed to the consideration of H.R. 3093, $150 million more than the President’s The Defense Department is currently which the clerk will report. budget request. This includes almost $4 revising its spending requests for the The legislative clerk read as follows: billion for FBI counterterrorism. Our current fiscal year, but that is no rea- A bill (H.R. 3093) making appropriations bill will put 230 new counterterrorism son to deny the funds it already said it for the Departments of Commerce and Jus- agents on the beat and give agents new needs to get through the spring. The tice, and Science, and Related Agencies for tools to collect intelligence to protect fact that we are waiting on a request the fiscal year ending September 30, 2008, and Americans here at home. At the same for more is not an excuse to deliver for other purposes. time, the President’s budget cut 100 nothing. The PRESIDING OFFICER. The Sen- FBI agents dedicated to fighting vio- The men and women who are serving ator from Maryland. lent crime. This is outrageous—because our country deserve better. Let’s not Ms. MIKULSKI. Mr. President, I ask for the first time in almost 15 years, pass up the chance to acknowledge unanimous consent that the substitute violent crime has increased. Robberies their ‘‘selfless service and devotion to amendment, which is at the desk, and are up 7 percent. Homicides are up 2 duty’’ by giving them exactly what the text of the Senate committee-re- percent. Nearly every region of the they need—before we conclude this ses- ported bill be considered and agreed to; country has been affected—from large sion of Congress. the bill, as amended, be considered as cities to small communities. We’ve Mr. President, I yield the floor. original text for the purpose of further heard from our colleagues that the FBI amendment; and that no points of needs more agents fighting violent f order be considered waived by this crime in their communities. The CJS PROVIDING FOR A CONDITIONAL agreement. bill rejects the President’s irrespon- ADJOURNMENT OR RECESS OF The PRESIDING OFFICER. Without sible cut. We provide full funding to re- THE SENATE objection, it is so ordered. tain 100 FBI agents that the President Ms. MIKULSKI. Mr. President, I ask The amendment (No. 3211) was agreed eliminated. unanimous consent that the Senate to. The CJS bill also funds the Drug En- proceed to the immediate consider- (The amendment is printed in today’s forcement Administration, DEA. The ation of S. Con. Res. 49, the adjourn- RECORD under ‘‘Amendments Sub- DEA is an international agency—in ment resolution. mitted and Proposed.’’ over 60 countries, with significant local The PRESIDING OFFICER. The Ms. MIKULSKI. Mr. President, I am responsibilities. It’s fighting a $330 bil- clerk will report the concurrent resolu- proud to present to the U.S. Senate the lion annual drug trade in over 60 coun- tion by title. bill to fund the Departments of Com- tries around the world. Drugs finance The legislative clerk read as follows: merce, Justice, and our science agen- over two-thirds of all terrorist activ- A concurrent resolution (S. Con. Res. 49) cies. I want to thank Senators REID ity, including the Taliban. The DEA is providing for a conditional adjournment or and MCCONNELL for agreeing to bring in Afghanistan fighting recess of the Senate. up the CJS bill, and Chairman BYRD narcoterrorism, working hand-in-hand There being no objection, the Senate and Ranking Member COCHRAN for the with our military to disrupt the poppy proceeded to consider the concurrent CJS Subcommittee’s robust 302(b) allo- trade that funds terrorist networks. resolution. cation. This is a bipartisan bill. Sen- And the DEA is in our communities, Ms. MIKULSKI. Mr. President, I ask ator SHELBY and I worked hand-in- fighting the scourge of illegal drugs unanimous consent that the resolution hand. I thank him and his excellent like heroin and meth that destroy our be agreed to and the motion to recon- staff for their partnership. neighborhoods. We were horrified to sider be laid upon the table. The CJS bill totals $54 billion in dis- learn that the DEA has a hiring freeze. The PRESIDING OFFICER. Without cretionary budget authority. Did we The DEA can’t hire new agents. This is objection, it is so ordered. spend more than the President asked outrageous—so we added $50 million to The concurrent resolution (S. Con. for? You bet we did. We are proud that DEA to lift the hiring freeze so DEA Res. 49) was agreed to, as follows: our bill is $3.2 billion above the Presi- can hire up 200 new agents to fight S. CON. RES. 49 dent’s budget request. drugs at home and abroad. The CJS bill funds the Bureau of Al- Resolved by the Senate (the House of Rep- Let’s talk about how we spent the resentatives concurring), That when the Sen- money. The subcommittee had three cohol, Tobacco, Firearms and Explo- ate recesses or adjourns on Thursday, Octo- priorities: sives, ATF, which investigates arson ber 4, 2007, or Friday, October 5, 2007, on a Security—keeping 300 million Ameri- and stops illegal firearms trafficking. motion offered pursuant to this concurrent cans safe from terrorism and violent The ATF is working hand-in-hand with resolution by its Majority Leader or his des- crime. our military to disable the improvised ignee, it stand recessed or adjourned until 12 Innovation—investments in science explosive devices, IEDs, that are so noon on Monday, October 15, 2007, or such and technology to create jobs that will perilous to our troops on the battle- other time on that day as may be specified stay in the United States. field. We provide robust support for our by its Majority Leader or his designee in the motion to recess or adjourn, or until the Accountability—fiscal accountability U.S. Marshals Service, keeping our time of any reassembly pursuant to section 2 and stewardship of taxpayer dollars, marshals on the beat to track down of this concurrent resolution, whichever oc- standing sentry against waste, fraud dangerous fugitives—including sexual curs first. and abuse. predators and drug kingpins—protect

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.034 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12703 Federal judges and provide security at the National Academy of Sciences. We is an area that we would have liked to terrorist trials here in the U.S. and in took the politics out of science. The do more. As our bill moves to con- Afghanistan. CJS bill implements the framework of ference with the other body, we hope to The CJS bill is also the most impor- the recently enacted America COM- be able to add funding for aeronautics. tant source of Federal funding for the PETES Act. This bipartisan legislation A strong patent system is critical to frontline men and women of our State recommended investments in science an innovation-friendly government. We and local police forces, working tire- and education to improve America’s provide $1.9 billion for the Patent and lessly to keep our families and neigh- global competitiveness. Trademark Office, PTO—this is full ac- borhoods safe. Our cops on the beat are We provide $6.5 billion for the Na- cess to all fees. We know there have working harder than ever to fight ris- tional Science Foundation, NSF, $125 been concerns that the PTO’s fees have ing violent crime. And our State and million above the President’s budget been used to pay for other priorities. local police are often the first to iden- request. NSF is important because it Senator SHELBY and I are committed tify suspected terrorist activities in funds 20 percent of all federally sup- to giving PTO full access to the re- their communities. At the same time, ported basic research conducted by sources it needs. Our bill will allow the State and local budgets are under in- America’s colleges and universities in PTO to hire 1,200 new patent examiners creased stress. So we were deeply trou- many fields such as math and com- to reduce application backlogs and bled by the President’s draconian cuts puter science. NSF is the major source processing times. We are livid that it of almost $1.5 billion from grant funds of federal support. NSF keeps the U.S. takes almost 3 years for the PTO to for State and local police. The CJS bill on the leading edge of discovery in make a decision on a patent applica- rejects these outrageous cuts. Instead areas like astronomy and geology. And tion. Through our oversight, we have we provide a total of $2.7 billion to give NSF supports our college and univer- required PTO to implement manage- our cops the tools they need to fight sities’ efforts to educate our next gen- ment reforms to reduce the backlog of crime, gangs, drugs, domestic violence, eration of scientists and engineers, in- applications, while ensuring quality. and crimes against children. cluding at our historically Black col- The CJS bill also provides $420 mil- Our bill provides $660 million for leges and universities, HBCUs. lion for the International Trade Ad- Byrne formula grants. President Bush We provide $860 million for the Na- ministration, ITA, to investigate un- eliminated Byrne grants formula tional Institute of Standards and Tech- fair trade practices and enforce our grants to States that pay for police and nology, NIST. NIST is important be- trade laws. It includes $48 million for prosecutors, training and technology, cause it sets standards that are critical the United States Trade Representa- and require a 25-percent State match. to successful commerce, and transfers tive, USTR, to negotiate trade agree- The first President Bush named these technology to American industry. Our ments that protect our intellectual grants for Edward Byrne, a New York recommendations provide $100 million property. City police officer killed in the line of for the Technology Innovation Part- For the National Oceanic and Atmos- fire. If Byrne grants were good enough nership program, which will replace pheric Administration, NOAA, the bill for Bush 41, why aren’t they good the Advanced Technology Program to provides $4.2 billion, $400 million above enough for this President Bush? foster the development of the newest the President’s budget request. This in- We also provide $550 million for Com- technologies, and $110 for the Manufac- cludes $795 million to implement the munity Oriented Policing Services, turing Extension Partnership, MEP, bipartisan recommendations of the COPS, grants. President Bush only which helps U.S. manufacturers to be Joint Ocean Commission. Seventy per- asked for $32 million to terminate more competitive. cent of the Earth is covered by oceans, COPS grants. COPS is a competitive The bill also provides $17.5 billion for but only 5 percent of the oceans are ex- grant program that pays for police sal- NASA, $150 million above the Presi- plored. Our Nation’s economy depends aries and overtime, police technology, dent’s budget request. NASA is our No. on the oceans. Oceans contribute $120 and equipment like surveillance cam- 1 innovation agency. No other agency billion to our economy and support eras and interoperable communications has the ability to inspire our future over 2 million jobs. The bill also pro- equipment. The CJS bill makes sure scientists and engineers like NASA vides full funding for the National that our cops are not walking the thin does. The bill keeps our commitment Weather Service, which is so important blue line drawn through green eye- to human space flight. It fully funds to saving lives and livelihoods. shades. the space shuttle at $4 billion and the I think my colleagues would be inter- The CJS bill provides over $300 mil- space station at $2.2 billion. And we ested in knowing that the CJS bill lion to prevent, investigate and pros- provide $3.9 billion to Ares and Orion, funds 85 percent of all federal climate ecute despicable crimes against chil- the next generation vehicle. The space change science. That’s about $1.6 bil- dren. This includes: $55 million for a shuttle will be retired in 2010. We must lion for peer-reviewed basic research at new national initiative for grants to continue to have safe, reliable space NSF, atmospheric weather and climate State and locals to locate, arrest and transportation. research at NOAA, and NASA Earth prosecute child sexual predators; $65 Later, I will offer an amendment science missions studying. As we look million to fight child abduction and ex- with Senators HUTCHISON, SHELBY and for solutions to this crisis, the CJS bill ploitation and locate missing children; LANDRIEU to finally begin to pay the will continue to give us sound science $9 million for the FBI’s Innocent Im- bill of returning the space shuttle to to inform our policy decisions. ages project—for agents and tech- flight after the Columbia tragedy. To The CJS bill emphasizes oversight, nology to track the deviants who use ensure that we continue to have the accountability and fiscal stewardship. the Internet to prey on our children; $8 premier space agency in the world, Let me tell my colleagues—there’s a million for the U.S. Marshals to appre- NASA must have a balanced portfolio new sherriff in town. It’s a bipartisan hend fugitive sexual predators and get of human space flight, science and aer- posse against cost overruns, ineffective them off our streets and out of our onautics research. management and mismanagement of neighborhoods; $10 million for grants In the area of Earth science, the bill taxpayer dollars. The CJS Sub- to keep kids safe from violence at includes $25 million above the budget committee, through its oversight, has school. request to begin to implement the rec- uncovered enormous cost overruns and Our second priority for the CJS bill ommendations of the recent Earth schedule slippages. NOAA’s satellite is investing in America’s future com- Science Decadal Survey, the top prior- program was $4 billion over budget. petitiveness. We added $1 billion above ities of the scientific community, and NSF’s research equipment was $25 mil- the President’s request for science, missions we need to accomplish to help lion over budget. At the appropriate education and economic development us better understand and predict the time, I will offer an amendment to pre- to foster job creation—for jobs that Earth’s environment and climate. vent this mismanagement and get our will stay in this country and to inspire For aeronautics research, we provide agencies back to fiscal discipline. and train our future scientists and en- $554 million. This is so critical because Through our oversight, we also un- gineers. We based our funding levels on we must rise to the challenge of our covered dramatic backlogs at PTO and the best ideas from outside experts like international competitors. Aeronautics the Equal Employment Opportunity

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.002 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12704 CONGRESSIONAL RECORD — SENATE October 4, 2007 Commission, EEOC. And we required President’s request because we put the agents around, out of their job of fight- effective, efficient management re- money primarily into security. We ing crime to fight terrorism so those form. The CJS bill insists on discipline spent the money in this bill on secu- numbers look good; then they elimi- and vigorous oversight. It requires rity, keeping 300 million Americans nate those vacancies, and there we are. each agency to notify the committee safe from terrorism and also fighting We need our FBI doing both. Violent about cost overruns greater than 10 violent crime. We also promoted inno- crime in America has increased 2 per- percent, bans funding for lavish ban- vation and competitiveness by invest- cent. Homicides are up 2 percent and quets, and requires that inspectors gen- ing in scientific research and tech- robberies are up 7 percent. Nearly eral conduct random audits of grant nology and the scientific education of every region of the country has been funding. our people. But we were also strong affected, from very large cities to Unfortunately, the President threat- stewards of the taxpayers’ money and small communities. ened to veto the CJS bill. He doesn’t have promoted accountability, fiscal We have heard from our colleagues support funding for these additional in- accountability, and stewardship of tax- the FBI needs more agents and more vestments I have outlined. The CJS bill payers’ dollars. We, working on a bi- help fighting violent crime in their reflects bipartisan priorities to make partisan basis, stood sentry against communities. The CJS bill rejects the America safer and smarter. I think waste, fraud and abuse and we have put President’s cut. We provide funding to these investments in fighting terrorism our language also in the checkbook. retain 100 FBI agents that the Presi- and violent crime, and educating our The subcommittee’s first priority is dent eliminated. Eliminating FBI future scientists and engineers, are to protect the American people—to agents when we are fighting crime and wise uses of taxpayer dollars. protect the American people from ter- fighting terrorism? I don’t think that Let me be clear—we didn’t overspend; rorism, a war without borders, a war is a good idea. I don’t think that is a the President under funded. It is not without a front. We also want to pro- good idea at all. On a bipartisan basis, lavish to lift the DEA hiring freeze so tect them here at home against violent we rejected that foolhardy rec- we starve terrorists of their financing, crime, against murder, mayhem, sexual ommendation. So we will be there for or to give our men and women in blue predators stalking our children, vio- the FBI. But they are not the only ones fight- the tools they need to keep us safe. lence against women, looking out for ing terrorism and fighting crime in our The President should not veto this our children, and making sure there streets. The other is the DEA. It is an bill. Instead, together we should veto are enough cops on the beat. funding for the Taliban and jobs mov- The Justice Department is almost 50 international agency as well as an all- ing overseas. I believe that, if nec- percent of the CJS bill. Funding for the American agency. It is in over 60 coun- essary, the Senate will stand up for our Justice component totals over $25 bil- tries. Yet, at the same time, has very strong border and local responsibil- families, neighborhoods and commu- lion. But remember what we do: We ities. Fighting a $330 billion inter- nities by standing up against the Presi- fund the Federal law enforcement national drug trade, they need help. dent’s veto. Let’s veto jobs going over- agencies—the FBI, the DEA, the Bu- Drugs finance over two-thirds of the seas; let’s veto the Taliban. reau of Alcohol, Tobacco, Firearms and terrorist activities. It comes out of Af- Again, I want to thank Senator Explosives, as well as our Marshals ghanistan, from the poppy fields of Af- SHELBY and his staff for their coopera- Service. Our major law enforcement ghanistan, and they are seeing one of tion and collegiality. This is a fair and count on us. But who else also counts the biggest crops they have ever had. balanced bill, and I urge my colleagues on us? State and local cops on the beat. That money goes to funding the to support it. For the information of We have put the money into the Fed- Taliban and funding terrorist activity. our colleagues, Senator SHELBY and I eral checkbook to say: As you go after The DEA is, right now, in Afghani- intend to move this bill quickly. We the bad guys, we are absolutely on your stan fighting narcoterrorism, working encourage Members with amendments side. hand-in-hand with the Karzai Govern- to come to the floor and offer them Let us start with our primary respon- ment, working hand-in-hand with our now. The bill fully complies with the sibility as a Federal government, and military to disrupt that poppy trade. subcommittee’s 302(b) allocation so any that is funding the FBI, the Federal But right now they are also in our amendments will need offsets. It also Bureau of Investigation. It is our pre- streets and our neighborhoods working fully complies with the recently en- mier domestic law enforcement agen- with our local police chiefs, working acted Honest Leadership and Open Gov- cy. It has a dual mission. One is fight- with our local sheriffs, working with ernment Act. ing violent crime in our communities, our local FBI, fighting to keep the Mr. President, in a short time, I will and in that it is well known, well es- scourge of illegal drugs, ranging from be joined by my colleague, the distin- tablished, and well respected. But after heroin to meth, from destroying our guished senior Senator from Alabama, that terrible attack on the United neighborhoods. who is my ranking member. He, too, States, we had to decide how we were We were horrified during the com- will be making his opening statement. going to have a domestic agency also mittee hearing to learn that DEA has a I thank Senators REID and MCCONNELL focus on terrorism. We didn’t create a hiring freeze. A hiring freeze on drug for agreeing to bring up this billand new Federal agency to do that because enforcement agents? Oh, my gosh. Chairman BYRD and Ranking Member we didn’t want a new bureaucracy. We Foolhardy. Foolhardy. This is out- COCHRAN for a rather robust 302(b) allo- wanted a new and fresh effort against rageous. So, again, working on a bipar- cation to let this bill go forward. terrorism. So we gave it to the FBI. If tisan basis, we added a modest $50 mil- First, let me say to my colleagues in you read all the British spy novels and lion to DEA to lift this hiring freeze so the Senate as they watch this debate so on, the FBI is akin to the MI5 in they can now hire up to 200 new agents that this bill is a bipartisan bill. The England. to fight drugs at home, drugs in Senator from Alabama, Mr. SHELBY, This bill provides $6.6 billion for the schools, and drugs overseas. and I worked hand in hand to craft a FBI. That is $6.6 billion for the FBI, We have also funded the Bureau of bill that is in the best interest of the which is $150 million more than the Alcohol, Tobacco, Firearms, and Explo- United States of America and not try- President’s budget. This includes al- sives, which does everything from in- ing to score partisan political points. most $4 billion for their counterterror- vestigating arson to stopping illegal That is what we have done. ism effort. To make sure we are fight- firearms trafficking. They are also The Commerce-Justice-Science bill ing terrorism effectively, our bill also working hand-in-hand with our mili- promotes a strong economy, promotes puts 230 new counterterrorism agents tary to come up with ways to deal with a safer country, and also promotes U.S. out there and gives them new tools to these terrible improvised explosive de- competitiveness in the world. protect Americans at home. vices. The CJS bill totals $54 billion in dis- At the same time, we want to make We also provide robust support for cretionary budget authority. Did we sure we are fighting violent crime. We our Marshals Service, where we ask spend more than the President asked have been very concerned about some them to track down everyone from for? You bet we did, and we are proud of the budget games going on at Jus- dangerous fugitives to sexual preda- that our bill is $3.2 billion above the tice and OMB, where they keep moving tors. They protect our Federal judges,

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.003 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12705 they provide security at terrorist ITA and our International Trade Rep- I hope the President doesn’t veto our trials, and they are doing a good job, so resentative. bill. We will talk about that more in we need to support them. We also have two premier science conclusion. Again, this bill is a bipar- Where we have also made another agencies, one is NOAA, the National tisan bill. I presented it to the Senate significant effort, though, when it Oceanic and Atmospheric Administra- and now I compliment my ranking comes to State and local law enforce- tion. We provide $4.2 billion for that, member, Senator SHELBY, and his staff. ment in the CJS bill, is the most im- which is $400 million above the Presi- Our staffs have worked together. I portant source of Federal funding for dent’s request; and $795 million to im- wish the taxpayers could see it; they that thin blue line of local law enforce- plement the bipartisan recommenda- would be proud of us. They would be ment that is out there every day work- tions of the Joint Ocean Commission. proud of our working relationship, and ing tirelessly to keep our families, our We also provided money to look into that is why we produced a bill that schools, and our neighborhoods safe. Federal climate change. This is not works for America. Our cops on the beat are working hard- new for this committee. The NSF, I yield the floor. er than ever to fight this rising tide of NOAA, and NASA provide 85 percent of The PRESIDING OFFICER. The Sen- violent crime. Our local and State po- all the Federal research looking at cli- ator from Alabama. lice are often the first to identify sus- mate change. As we work on policy, as Mr. SHELBY. Mr. President, I will pected terrorist activities, but their we try to find sensible solutions that not replicate what Senator MIKULSKI budgets are under increased stress. So are affordable to our country, they are went through. She has done a very we were deeply troubled when the going to turn to science, and in turning thorough explanation of the bill. This President came in with draconian cuts to science, we need to make sure we is a very complex bill. It funds Com- to the State and local police. have funded them. merce-Justice-Science—NASA, for ex- What did the administration do? Last, but not at all least, a very im- ample—and related agencies. I will Well, first of all, in that famous Cops portant agency—NASA. Today is the touch on some things. on the Beat Program that helped local 50th anniversary of Sputnik. Fifty I chaired this committee before and law enforcement have more officers, years ago, the Russians launched into Senator MIKULSKI was the ranking they reduced the funding to a skimpy, space a 180-pound satellite that shook Democrat on the committee. Now she Spartan $32 million for the whole coun- the cosmos. It shook the cosmos and it chairs it and I am the ranking member. try to put cops on the beat. One State said that the Russians were the first in She probably has related on many oc- alone could use that. At the same time, space. Well, we knew we couldn’t let casions that we go back to our House they eliminated the Byrne grants. The that lie. So President Eisenhower an- days. We were on the Energy and Com- Byrne grants are those Federal funds swered that call with robust efforts in merce Committee in the House of Rep- named after Edward Byrne, a police of- science and particularly the National resentatives, working together then on ficer from New York killed in the line Science Foundation. a lot of these same issues but perhaps of duty, and this program was to help A few years later, 3 years later, a dy- manifested in different ways. local law enforcement have the tools, namic President, named Jack Kennedy, This bill funds a number of our Na- the technology they need to protect put out a national goal that we were tion’s most important programs and themselves so they can protect us. going to go to the Moon, we would be initiatives, and I am pleased to outline That was eliminated. there first and return our astronauts some of the highlights. I thank Senator We are spending a fortune on so safely. Well, 50 years later, we honor MIKULSKI, the chair of the committee. many other things, such as the war in that legacy by providing $17.5 billion She works well with us, our staffs work Iraq, and yet we eliminated the Byrne for NASA, $150 million above the Presi- together, and we tried to bring forth a grants? Well, this committee stepped dent’s request, to keep our commit- bill that reflects our strong bipartisan up to it and we have added $1.5 billion ment to a balanced space program—the relationship. for grants for the State and local po- space shuttle, the space station, and This bill was crafted with a tight al- lice. These funds will fight crime, the next-generation space vehicle. location of $54 billion. Within these gangs, meth, violence in the schools, We make significant efforts in limitations, the subcommittee was and we think it is terrific. Our bill will science and aeronautics, and I will talk forced to strike a difficult balance be- provide $660 million for the Byrne more about that later when I will offer tween the competing priorities of law grant formula. It will pay for the im- an amendment, along with my col- enforcement, terrorism prevention, re- proved technology they need, improved leagues, Senators SHELBY, HUTCHISON, search, space exploration, and U.S. training and police and prosecutors. LANDRIEU, and NELSON, on how to help competitiveness through investing in We also added $550 million to the NASA continue to meet its responsi- science. community policing efforts, which is a bility. For the Department of Justice, the competitive grant program that en- In conclusion, let me say this com- committee’s recommendation is $24.3, ables them to bring more police into mittee has been strongly committed to $2 billion over the request. The Presi- their department, paying their salaries reform, strongly committed to ac- dent’s budget request cut over $1.6 bil- and their overtime. We stand with the countability and oversight and fiscal lion from State and local law enforce- frontline. We stand with the thin blue stewardship. Through our oversight, we ment at a time when violent crime is line. uncovered cost overruns on the NOAA on the rise. Chairwoman MIKULSKI and We are also protecting ourselves satellite programs, with $4 billion over I worked together to ensure that law against other threats. We do not want budget; the NSF’s research equipment enforcement receives the funding and to have a declining economy or a de- program, $25 million over budget; and support it needs to begin to address the clining ability to compete in the world. dramatic backlogs at the Patent Office increased crime problem and help pro- So our committee fostered innovation and backlogs at the EEOC. We said we tect our citizens and our communities and competitiveness. So when we look were not going to allow that. all over this country. at those things in our legislation, we We also found that some of our funds The bill also provides the Depart- added more money. We implemented were going into things such as lavish ment of Commerce with $7.35 billion— the recently enacted bipartisan bill conferences, lobster rolls, and lim- $754 million over the budget request. called the COMPETES Act. We added ousines. Well, you are going to have an The Commerce Department oversees $1 billion to the science and commerce amendment later on that is going to some of our Nation’s most important part of this bill, and $6.5 billion for the take that right out. When we give business development, economic anal- National Science Foundation. We pro- money to these agencies to do the kind ysis, and science and research agencies, vided $860 million for the National In- of training we want them to do, it is including the Economic Development stitute of Standards and Technology. not to sit around sipping chardonnay Administration, the National Insti- We provide close to $2 billion to the and eating lobster rolls and so on. So if tutes of Science and Technology, and Patent and Trademark Office, to make you will pardon the expression, we told the National Oceanic and Atmospheric sure they are fully functioning and them ‘‘to take a cab.’’ Our bill con- Administration, NOAA. Our bill pro- dealing with the backlogs. We fund the tinues to do that. vides $4.2 billion for NOAA, an increase

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.037 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12706 CONGRESSIONAL RECORD — SENATE October 4, 2007 of $405 million over the fiscal year 2008 directed spending and the name of the The assistant legislative clerk read budget request. The committee be- Senator who requested such spending. as follows: lieves it is critical to the overall This information is contained in the The Senator from Maryland [Ms. MIKUL- health of NOAA to restore funding to committee report numbered 110–124, SKI] proposes an amendment numbered 3215. programs that suffered over the past dated June 29, 2007, and has been avail- The amendment follows: year under static funding levels. able on the Internet for 3 months. The (Purpose: To require reporting regarding the Also, existing competitive grant pro- Member letters concerning pecuniary costs of conferences held by the Depart- grams were given increased funding interest are also available on the Inter- ment of Justice) and new competitive grant programs net. On page 70, between lines 10 and 11, insert were created in an effort to reduce ear- I am submitting for the RECORD the the following: marks. The subcommittee’s bill also certification by the chairman of the SEC. 217. (a) The Attorney General shall Committee on Appropriations. submit quarterly reports to the Inspector provides $7.5 billion for NASA, an in- General of the Department of Justice regard- crease of $150 million over the request. I want to say this bill complies with ing the costs and contracting procedures re- This funding will allow NASA to move the Honest Leadership and Open Gov- lating to each conference held by the Depart- forward with crew explanation and ernment Act of 2007, and Senator BYRD ment of Justice during fiscal year 2008 for crew launch vehicles while also funding certifies that, under Senate rules, all which the cost to the Government was more the ongoing activities of the space this information is available on the than $20,000. shuttle, the International Space Sta- congressional Web site. (b) Each report submitted under subsection tion, and other important research ac- I ask unanimous consent the certifi- (a) shall include, for each conference de- cation by the chairman of the Com- scribed in that subsection held during the tivities. applicable quarter— This bill funds the National Science mittee on Appropriations be printed in (1) a description of the subject of and num- Foundation at $124 million above the the RECORD. ber of participants attending that con- request. Nearly all the additional funds There being no objection, the mate- ference; go toward investments into the sci- rial was ordered to be printed in the (2) a detailed statement of the costs to the entific education of our students, from RECORD, as follows: Government relating to that conference, in- kindergarten to doctorates. Combined Senator BYRD: I certify that the informa- cluding— with the funding for the National Insti- tion required by Senate Rule XLIV, related (A) the cost of any food or beverages; to congressionally directed spending, has (B) the cost of any audio-visual services; tute of Standards and Technology, the and funding provides more than the request been identified in the Committee report numbered 110–124, filed on June 29, 2007, and (C) a discussion of the methodology used to for the American Competitiveness Ini- that the required information has been avail- determine which costs relate to that con- tiative, ACI, and lays the groundwork able on a publicly accessible congressional ference; and to address the concerns laid out in the website in a searchable format at least 48 (3) a description of the contracting proce- National Academy of Sciences ‘‘Gath- hours before a vote on the pending bill. dures relating to that conference, includ- ering Storm’’ report. Ms. MIKULSKI. Mr. President, this ing— (A) whether contracts were awarded on a This investment helps keep the com- committee now says to our colleagues, petitive edge our Nation holds in the competitive basis for that conference; and if they have any amendments, this is (B) a discussion of any cost comparison world economy. By focusing on the in- an excellent time to bring them down conducted by the Department of Justice in genuity of our people, we will remain and offer them. We know we have some evaluating potential contractors for that at the forefront of scientific and tech- amendments we are working now to conference. nical advancement for generations to clear, but if someone wants to talk Ms. MIKULSKI. Mr. President, my come. In a year when discretionary dol- about our bill, this is a very good time amendment is very straightforward. lars are scarce, Chairwoman MIKULSKI to come and speak on it. If they have Remember earlier in my remarks I and I have worked together to find amendments they wish to offer that talked about our accountability and ways to ensure that the priorities of might require a vote, this is a good our stewardship? I will be offering two our Nation and our States are met. I time to offer them. amendments that will deal with those. urge all my colleagues to join with us It will be the intention of Senator This is the first of them. It makes sure in supporting this bill and expediting SHELBY and myself to try to finish this the Department of Justice is not mis- its passage. bill today, so this whole idea of let’s using taxpayer dollars on lavish ex- The PRESIDING OFFICER. The Sen- hang around until 8 o’clock at night penditures and conferences. Con- ator from Maryland. and then come around like little vam- ferences are meant for training. Ms. MIKULSKI. Mr. President, on pires to offer amendments is not a good Our amendment simply requires that August 2, 2007, by a vote of 83–14, the idea. Frankly, as we move along and as Justice do two things: Notify the in- Senate approved S. 1, the Honest Lead- some of the major amendments will be spector general of any conferences ex- ership and Open Government Act of addressed, if there are no amendments, ceeding $20,000 and demonstrate what 2007. The President signed the legisla- we will move the bill. It is not a threat. steps are being taken to implement the tion on September 14, 2007. This ethics It is for people who know the holidays inspector general’s recommendations reform legislation will significantly are coming. We are ready. that actually uncovered some of these improve the transparency and account- Colleagues, if you have amendments expenditures at lavish conferences. ability of the legislative process. you think can improve this bill, come To elaborate, the Justice IG issued a Pursuant to new rule XLIV, it is re- down and discuss them. report and said the 10 most expensive quired that the chair of the committee Mr. President, while we are waiting conferences had totaled over $6.9 mil- of jurisdiction certify that certain in- for the onslaught of Members coming lion. Most conferences are well orga- formation related to congressionally to the floor, I suggest the absence of a nized and the money is spent frugally— directed spending be identified and quorum. which I know is a big issue with the that the required information be avail- The PRESIDING OFFICER. The Presiding Officer. What we found was able on a publicly accessible congres- clerk will call the roll. that some of those funds were spent on sional website in a searchable format The bill clerk proceeded to call the ‘‘networking.’’ They had lobster skew- at least 48 hours before a vote on the roll. ers. At one conference, each meatball pending bill. In addition, Members who Ms. MIKULSKI. Mr. President, I ask cost $4. That is a lot of money for a request such items are required to cer- unanimous consent the order for the meatball. Literally, we believed be- tify in writing that neither they nor quorum call be rescinded. cause we were working so hard to make their immediate family have a pecu- The PRESIDING OFFICER. Without sure that law enforcement had the niary interest in the items they re- objection, it is so ordered. tools they needed, we wanted to make quested and the committee is required AMENDMENT NO. 3215 sure the taxpayers got a good deal and to make those certification letters Ms. MIKULSKI. Mr. President, I send that we got law enforcement for our available on the Internet. an amendment to the desk. money and not $4 meatballs. The information provided includes The PRESIDING OFFICER. The I don’t know if my colleague wishes identification of the congressionally clerk will report the amendment. to speak on the amendment.

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.039 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12707 The PRESIDING OFFICER. The Sen- (B) the Committee on Appropriations and graph (1), the baseline cost of the such Pro- ator from Alabama. the Committee on Science and Technology of gram is $6,960,000,000. Mr. SHELBY. I tend to agree with the House of Representatives. Ms. MIKULSKI. Mr. President, this (2) DIRECTOR.—The term ‘‘Director’’ means Senator MIKULSKI. We are trying to amendment is simple and straight- the Director of the Office of Management check with a couple of people to clear and Budget. forward. It stops the cost overruns on this amendment. I hope we can move it (3) KEY DECISION POINT.—The term ‘‘key de- NOAA’s weather satellites before they soon. We are checking with somebody cision point’’ means the initiation of pro- get out of control. right now. I think it makes sense. curement for a major system or subsystem of The NOAA satellite program is an ab- Ms. MIKULSKI. I move the pending a program. solutely crucial program to the United amendment be laid aside subject to the (4) MAJOR MILESTONE APPROVAL.—The term States of America. It gives us major clearance of one of our colleagues. ‘‘major milestone approval’’ means a deci- weather satellites, known as NPOESS, sion to enter into development of a system The PRESIDING OFFICER. Without polar orbiting, and one called GOES for a program. that gives us the geostationary infor- objection, it is so ordered. (5) PROGRAM.—The term ‘‘program’’ means AMENDMENT NO. 3216 the programs of the National Oceanic and mation. They are crucial to our ability Ms. MIKULSKI. Mr. President, I send Atmospheric Administration for which sat- to forecast weather, measure climate an amendment to the desk and ask for ellites will be acquired. change, and actually pinpoint where its immediate consideration (6) SATELLITE.—The term ‘‘satellite’’ disasters could be threatening a com- means the satellites proposed to be acquired munity. It saves lives and saves liveli- The PRESIDING OFFICER. The for the National Oceanic and Atmospheric clerk will report. hoods. Thanks to these satellites, we Administration, other than the National can often get early warnings when a The assistant legislative clerk read Polar-orbiting Operational Environmental disaster is coming, from a tornado to a as follows: Satellite System (NPOESS). (7) SECRETARY.—The term ‘‘Secretary’’ hurricane. The Senator from Maryland [Ms. MIKUL- What has happened is the satellites SKI] proposes an amendment numbered 3216. means the Secretary of Commerce. (c) INDEPENDENT COST ESTIMATES.— have grown far beyond their original The amendment is as follows: (1) REQUIREMENT.—The Secretary may not estimates. We are concerned that the (Purpose: To require certain evaluations by approve the development or acquisition of a ideas are good, but they are not being the Secretary of Commerce and the Direc- program unless an independent estimate of properly managed. tor of the Office of Management and Budg- the full life-cycle cost of the program has Let me tell you about these overruns. et before the satellite acquisition program been considered by the Secretary. Two years ago, NOAA’s polar orbiting of the National Oceanic and Atmospheric (2) REGULATIONS.—The Secretary shall pre- satellite grew by 25 percent. That is $4 Administration may proceed) scribe regulations governing the content and submission of the estimate required by para- billion, $4 billion. After section 113, insert the following: Now, because the Defense Depart- SEC. 114. LIMITATIONS ON SATELLITE ACQUISI- graph (1). The regulations shall require that TIONS BY THE DEPARTMENT OF each such estimate— ment is a partner in the satellite pro- COMMERCE. (A) be prepared by an office or other entity gram, the Nunn-McCurdy process was (a) CERTIFICATION.— that is not under the supervision of the triggered. There was a stand-down and (1) REQUIREMENT FOR CERTIFICATION.—Prior Under Secretary of Oceans and Atmosphere; the processes were reassessed. Nunn- to the date that the certification described and McCurdy acts like a circuit breaker, in paragraph (2) is made, the Secretary may (B) include all costs of development, pro- forcing management reforms and pro- not— curement, construction, operations, mainte- gram changes to control costs. nance, and management of the program. (A) obligate funds provided by this Act or But with the next generation of geo- by previous appropriations Acts to acquire (d) REQUIREMENT FOR ANALYSIS IF UNIT stationary satellites we are beginning satellites; or COSTS EXCEED 15 PERCENT.— (B) receive approval of— (1) REQUIREMENT.—If the percentage in- to see early signs of trouble. We have (i) a major milestone; or crease in the acquisition cost of a program in been alerted that the costs may grow (ii) a key decision point. which the acquisition unit cost or procure- substantially. One of our satellite pro- (2) CONTENT OF CERTIFICATION.—The certifi- ment unit cost exceeds 15 percent more than grams has Nunn-McCurdy, but the one cation described in this paragraph is a cer- the baseline cost of the program, the Sec- that is called GOES does not. There- tification made by the Secretary and the Di- retary shall initiate an analysis of the pro- fore, I am offering a commonsense rector that— gram. Such analysis of alternatives shall in- amendment modeled after Nunn- (A) the technology utilized in the satellites clude, at a minimum, the following: has been demonstrated in a relevant environ- (A) The projected cost to complete the pro- McCurdy that all NOAA satellite pro- ment; gram if current requirements are not modi- grams follow essentially this kind of (B) the program has demonstrated a high fied. oversight. likelihood of accomplishing the its intended (B) The projected cost to complete the pro- The amendment requires the Sec- goals; and gram based on potential modifications to the retary of Commerce to certify the sat- (C) the acquisition of satellites for use in requirements. ellite program; requires the Secretary the program represents a good value— (C) The projected cost to complete the pro- to look at alternatives if the cost ex- (i) in consideration of the per unit cost and gram based on design modifications, en- ceeds 15 percent of the original esti- the total acquisition cost of the program and hancements to the producibility of the pro- mate; makes sure they notify Congress in the context of the total resources avail- gram, and other efficiencies. able for the fiscal year in which the certifi- (D) The projected cost and capabilities of and keep us informed sooner rather cation is made and the future out-year budg- the program that could be delivered within than later; requires the Secretary of et projections for the Department of Com- the originally authorized budget for the pro- Commerce to utilize independent cost merce; and gram, including any increase or decrease in estimates. (ii) in consideration of the ability of the capability. This will act as a circuit breaker to Secretary to accomplish the goals of the pro- (E) The projected costs for an alternative make sure that as these satellites go gram using alternative systems. system or capability. forward, they are coming up with not (3) SUBMISSION TO CONGRESS.—Not later (2) SUBMISSION TO CONGRESS.—The analysis only good ideas to protect the Nation than the 30 days after the date of the enact- of alternatives required under paragraph (1) ment of this Act, the Secretary and the Di- with respect to a program shall be— but good fiscal stewardship to protect rector shall submit to the appropriate con- (A) completed not later than 6 months the taxpayer. gressional committees— after the date of that the Secretary deter- I urge my colleagues to support this (A) the certification described in para- mines that the cost of the program exceeds amendment because it will bring graph (2); or 15 percent more than the baseline cost of the strong management, better and strong- (B) a report on the reasons that such cer- program; and er management and fiscal discipline to tification cannot be made. (B) submitted to the appropriate congres- the satellite program. (b) DEFINITIONS.—In this section: sional committees not later than 30 days The PRESIDING OFFICER. The Sen- (1) APPROPRIATE CONGRESSIONAL COMMIT- after the date the analysis is completed. ator from Alabama. TEES.—The term ‘‘appropriate congressional (3) CLARIFICATION OF COST ESCALATION.— committees’’ means— For the purposes of determining whether Mr. SHELBY. Mr. President, I think (A) the Committee on Appropriations and cost of the Geostationary Operational Envi- this is a very good amendment that the Committee on Commerce, Science, and ronmental Satellite Program exceeds 15 per- Senator MIKULSKI has proposed. We are Transportation of the Senate; and cent more than the baseline cost under para- checking with some of our colleagues

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.042 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12708 CONGRESSIONAL RECORD — SENATE October 4, 2007 and hope they will not object. They are the Defense authorization bill that des- has the Senate learned the lessons of on their way to the Senate floor now, I ignated a portion of the Iranian Armed history? understand. Forces as a terrorist organization. I Every day it seems the confronta- I believe the amendment has merit. joined 21 of my illustrious colleagues tional rhetoric between the United But I did tell them that I would check in voting against that amendment. It States and Iran escalates. We hear with them. If we can, let’s set this was a dangerous, unnecessary provo- shadowy claims about Iran’s desta- aside temporarily until they get to the cation that is escalating the bilizing actions in Iraq, with little di- Senate floor and we see where we are. confrontational rhetoric between the rect evidence offered to back it up. The Ms. MIKULSKI. Mr. President, I con- United States and Iran. President telegraphs his desire to des- cur with setting aside the amendment. In response to the passage of that ignate a large segment of the Iranian I also want to say something. I be- amendment, the Iranian Parliament on Army as a terrorist organization—and lieve I am the bastion of collegiality. I Saturday designated the U.S. Armed instead of counseling prudence, the believe conversation avoids confronta- Forces and the Central Intelligence Senate rushes ahead to do it for him. I tion. That is why we have such a great Agency as terrorist organizations. hope we can stop this war of words be- bill. We have a fantastic bill we have Would someone please explain to me fore it becomes a war of bombs. arrived at together. what has been achieved by this ex- We have seen the results when the Senator SHELBY and I go back a long change of international verbal Senate gives this administration the way, from the House of Representa- spitballs? It is deeply troubling to see benefit of the doubt: a war that has tives where we served, and we have the Senate joining the chest pounding now directly cost the American people been appropriators during our entire and saber rattling of the Bush adminis- $600 billion, more than 3,800 American time in the Senate. But in clearing tration. I am no apologist for the Ira- deaths, and more than 27,000 American things, we are talking about clearing it nian regime, anymore than I was for casualties; a war that has stretched our with one Senator. That Senator must Saddam Hussein, but I fear we may be- military to the breaking point; a war exercise a lot of fiscal responsibility. I come entangled in another bloody that the commander of our forces in am ready to move my bill along. I quagmire. Iraq, just 3 weeks ago, could not say would like him or his representative to We have been down this path before. had made America safer. promptly come to the floor. We have seen all too clearly where it I daresay many—perhaps most—in If we have this new kind of arrange- leads. Four and a half years ago, Sec- this Chamber wish we had never gone ment where we have to clear it with retary of State Colin Powell made a into Iraq. Are we willing to sleep-walk this Senator rather than clearing it speech before the United Nations Secu- into yet another disastrous military with the ranking member and our lead- rity Council claiming to have evidence confrontation with a Middle East ty- ership, then I would like that Senator that proved Saddam Hussein had weap- rant? to come to the floor. I will be collegial. We need to talk directly to the Gov- ons of mass destruction and was an im- I will be patient up to a point. ernment of Iran without preconditions minent threat to U.S. and inter- I suggest the absence of a quorum. or artificial restrictions and indicate national security. Others in the admin- The PRESIDING OFFICER. The that regime change is not our goal. Un- istration made the rounds of Wash- clerk will call the roll. fortunately, the President seems un- ington news programs to pound the The assistant legislative clerk pro- willing to take that step. We have held drums of war, scaring the public with ceeded to call the roll. only two talks at a relatively low level, Ms. MIKULSKI. I ask unanimous visions of mushroom clouds and mobile and those have focused solely on Iraq. consent that the order for the quorum chemical weapons labs. The proponents Direct talks with North Korea about call be rescinded. of war compared Saddam Hussein to the issue we were most concerned The PRESIDING OFFICER. Without Adolf Hitler, warning ominously of the with—North Korea’s nuclear program— objection, it is so ordered. dangers of Chamberlain-like appease- resulted in the first progress toward a Ms. MIKULSKI. Mr. President, I ask ment. That is a seductive analogy, but denuclearized Korean peninsula in unanimous consent that the Senate re- it is a dangerously specious one. years. And yet with Iran we continue turn to consideration of amendment Every foreign adversary is not the to refuse to discuss the issue we are No. 3216. devil incarnate. We know now that most concerned about: insisting that The PRESIDING OFFICER. Without Saddam Hussein was militarily a paper they must first renounce their nuclear objection, it is so ordered. tiger. The intelligence that suggested program. That is not negotiation; that Ms. MIKULSKI. I urge the adoption he was an imminent threat was flat is dictating ultimatums. of the amendment. wrong. Saddam Hussein had no weap- I agree that no option should be The PRESIDING OFFICER. Is there ons of mass destruction. Saddam Hus- taken off the table when considering any further debate on the amendment? sein had not attacked our country. how to deal with any threat posed by If there is no further debate, the Saddam Hussein was a ruthless tyrant, question is on agreeing to amendment Iran. But if the President concludes, but he was not an imminent threat to after serious diplomacy has failed, that No. 3216. U.S. national security. Now we hear The amendment (No. 3216) was agreed an attack is necessary, he must make the same scare tactics and several to. the case to the Congress and the Amer- Mr. SHELBY. Mr. President, I move analogies trotted out again, this time ican people. Under article I, section 8 to reconsider the vote. with Iran. Analogies can be dangerous. of the U.S. Constitution, only the Con- Ms. MIKULSKI. I move to lay that They risk oversimplifying complicated gress—the elected representatives of motion on the table. situations and can lead to erroneous the people—have the power to declare The motion to lay on the table was conclusions. While there may be some war, not the President. agreed to. superficial similarities between Hitler The President has stated his belief Ms. MIKULSKI. I suggest the absence and Ahmadi-Nejad, it does not mean that previously enacted congressional of a quorum. our only option is to start world war authorizations to use force give him all The PRESIDING OFFICER. The III. the authority he requires to start a clerk will call the roll. We are now more than 4 years into a new war. I respectfully disagree. It is The assistant legislative clerk pro- war that was launched by false fears incumbent upon us—it is incumbent ceeded to call the roll. and scary hyperbole, and here we are upon us—to reassert the powers grant- Mr. BYRD. I ask unanimous consent again being led down a path by chest- ed to the people’s branch in the Con- that further proceedings under the pounding rhetoric, without a clear idea stitution. That is the best way to pre- quorum call be rescinded. where that path is taking us. vent another colossal blunder in the The PRESIDING OFFICER (Mr. As the philosopher George Santayana Middle East. It is the people of this SALAZAR). Without objection, it is so once said: country who pay the price of such ordered. Those who cannot remember the past are Presidential misadventures. We, as IRAN condemned to repeat it. their representatives in the Congress, Mr. BYRD. Mr. President, last week Are we condemned to repeat the co- must not fail in our No. 1 duty: to pro- the Senate voted on an amendment to lossal blunder that is the Iraq war or tect their interests.

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.044 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12709 I yield the floor. of interning citizens from Latin Amer- of Latin Americans of Japanese descent from The PRESIDING OFFICER. The Sen- ica in the United States would give fi- December 1941 through February 1948, and ator from Hawaii. nality to, and complete the account of, the impact of those actions by the United States, and to recommend appropriate rem- AMENDMENT NO. 3214 Federal actions to detain and intern ci- edies, if any, based on preliminary findings Mr. INOUYE. Mr. President, I wish to vilians of Japanese ancestry. by the original Commission and new discov- speak on amendment No. 3214. This As a footnote, when the war was eries. amendment would establish a commis- over, and these internees were released (c)(1) There is established the Commission sion to investigate the circumstances from their camps, they were persons on Wartime Relocation and Internment of surrounding the relocation, intern- without a country. They were soon ar- Latin Americans of Japanese descent (re- ment, and deportation of Latin Ameri- rested for not having a permit or pass- ferred to in this section as the ‘‘Commis- port to be in the United States. So sion’’). cans of Japanese descent from Decem- (2) The Commission shall be composed of 9 ber 1941 to February 1948. they were scheduled for deportation to members, who shall be appointed not later The story of the internment of U.S. their supposed home, and these Latin than 60 days after the date of enactment of citizens is a story that has been made American countries said: Oh, no, we this Act, of whom— well known after a fact-finding study are not responsible. We are not taking (A) 3 members shall be appointed by the by a commission authorized by Con- them. So there they were not knowing President; gress in 1980. However, far less known where to go. This is the subject of my (B) 3 members shall be appointed by the is the story of Latin Americans of Jap- amendment. Speaker of the House of Representatives, on anese descent. I think the United States would like the joint recommendation of the majority Toward the end of its investigation, leader of the House of Representatives and to have this clarified. It is a blight on the minority leader of the House of Rep- the 1980 commission discovered this ex- our record. I am certain my colleagues resentatives; and traordinary effort by the U.S. Govern- will go along with this. (C) 3 members shall be appointed by the ment soon after December 7, 1941. How- I thank you very much. President pro tempore of the Senate, on the ever, because information surfaced so I yield the floor. joint recommendation of the majority leader late in its study, the commission was Mr. BYRD. Hear hear. of the Senate and the minority leader of the unable to fully review the facts but Mr. INOUYE. I suggest the absence of Senate. found them significant enough to in- a quorum. (3) Members shall be appointed for the life The PRESIDING OFFICER. The of the Commission. A vacancy in the Com- clude in the appendix of its published mission shall not affect its powers, but shall report to the Congress. clerk will call the roll. be filled in the same manner as the original It appears that soon after December The legislative clerk proceeded to appointment was made. 7, 1941, the Government of the United call the roll. (4)(A) The President shall call the first States called upon certain govern- Mr. INOUYE. Mr. President, I ask meeting of the Commission not later than ments in Latin America and requested unanimous consent that the order for the later of— that certain Japanese be sent to the the quorum call be rescinded. (i) 60 days after the date of enactment of United States to be used for prisoner The PRESIDING OFFICER. Without this Act; or objection, it is so ordered. (ii) 30 days after the date of enactment of exchange programs. Approximately legislation making appropriations to carry 2,300 civilian men, women, and chil- AMENDMENT NO. 3214 out this section. dren—who had committed no crime— Mr. INOUYE. Mr. President, I ask (B) Except as provided in subparagraph (A), were taken from their homes in Latin unanimous consent to call up my the Commission shall meet at the call of the America. They were stripped of their amendment No. 3214, the Latin Amer- Chairperson. passports, brought to the United ican internees bill, and I ask that it be (5) Five members of the Commission shall States, and interned on American soil. the pending business. constitute a quorum, but a lesser number of members may hold hearings. Some were taken from this camp and The PRESIDING OFFICER. Without (6) The Commission shall elect a Chair- used for civilian exchange with Axis objection, it is so ordered. The pending person and Vice Chairperson from among its countries. You can imagine the anxiety business is set aside. members. The Chairperson and Vice Chair- and the fear in the hearts and minds of The clerk will report. person shall serve for the life of the Commis- these men, women, and children not The legislative clerk read as follows: sion. (d)(1) The Commission shall— knowing where they were headed for The Senator from Hawaii [Mr. INOUYE] pro- and for what purpose. poses an amendment numbered 3214. (A) extend the study of the Commission on Wartime Relocation and Internment of Civil- Despite their personal tragedies, Mr. INOUYE. Mr. President, I ask ians, established by the Commission on War- these Japanese Latin Americans were unanimous consent that the reading of time Relocation and Internment of Civilians not included in the Civil Liberties Act the amendment be dispensed with. Act— of 1988 because this program appears to The PRESIDING OFFICER. Without (i) to investigate and determine facts and have been executed outside of Execu- objection, it is so ordered. circumstances surrounding the United tive Order 9066, and the internees were The amendment is as follows: States’ relocation, internment, and deporta- tion to Axis countries of Latin Americans of not citizens of the United States. AMENDMENT NO. 3214 Japanese descent from December 1941 Under this amendment, nine commis- (Purpose: To establish a fact-finding Com- sion members—three appointed by the through February 1948, and the impact of mission to extend the study of a prior those actions by the United States; and President, three appointed by the Commission to investigate and determine (ii) in investigating those facts and cir- Speaker of the House, and three ap- facts and circumstances surrounding the cumstances, to review directives of the pointed by the President pro tempore relocation, internment, and deportation to United States armed forces and the Depart- of the Senate—would have a year to re- Axis countries of Latin Americans of Japa- ment of State requiring the relocation, de- port their findings to Congress. nese descent from December 1941 through tention in internment camps, and deporta- This amendment does not authorize February 1948, and the impact of those ac- tion to Axis countries of Latin Americans of tions by the United States, and to rec- Japanese descent; and any payment for restitution and would ommend appropriate remedies, and for not affect direct spending or revenues. (B) recommend appropriate remedies, if other purposes) any, based on preliminary findings by the It was reported out of the Homeland At the appropriate place, insert the fol- original Commission and new discoveries. Security and Governmental Affairs Au- lowing: (2) Not later than 1 year after the date of thorizing Committee and was approved SEC. ll. (a) This section may be cited as the first meeting of the Commission pursu- by the Commerce, Justice, and Science the ‘‘Commission on Wartime Relocation and ant to subsection (c)(4)(A), the Commission Appropriations Subcommittee to at- Internment of Latin Americans of Japanese shall submit a written report to Congress, tach to the Commerce-Justice-Science Descent Act’’. which shall contain findings resulting from appropriations bill. (b) The purpose of this section is to estab- the investigation conducted under paragraph Today I seek your support for this lish a fact-finding Commission to extend the (1)(A) and recommendations described in study of the Commission on Wartime Reloca- paragraph (1)(B). amendment, which would establish a tion and Internment of Civilians to inves- (e)(1) The Commission or, at its direction, fact-finding commission to extend the tigate and determine facts and cir- any subcommittee or member of the Com- study of the 1980 commission. I believe cumstances surrounding the relocation, in- mission, may, for the purpose of carrying out examining the extraordinary program ternment, and deportation to Axis countries this section—

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.010 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12710 CONGRESSIONAL RECORD — SENATE October 4, 2007 (A) hold such public hearings in such cities bursement, and such detail shall be without private sector to take value and add to and countries, sit and act at such times and interruption or loss of civil service status or it to come up with the new products places, take such testimony, receive such privilege. and very high-end technology. That (5) The Chairperson of the Commission evidence, and administer such oaths as the provides jobs right in our own country Commission or such subcommittee or mem- may procure temporary and intermittent ber considers advisable; and services under section 3109(b) of title 5, and enables us to be competitive. (B) require, by subpoena or otherwise, the United States Code, at rates for individuals We based a lot of our work on legisla- attendance and testimony of such witnesses that do not exceed the daily equivalent of tion called the America COMPETES and the production of such books, records, the annual rate of basic pay prescribed for Act. I know the Presiding Officer was correspondence, memoranda, papers, docu- level V of the Executive Schedule under sec- part of that. This year, it was a bill ments, tapes, and materials as the Commis- tion 5316 of such title. that was passed by the House and the (6) The Commission may— sion or such subcommittee or member con- Senate to ensure our Nation’s competi- siders advisable. (A) enter into agreements with the Admin- (2)(A) Subpoenas issued under paragraph istrator of General Services to procure nec- tive position in the world through im- (1) shall bear the signature of the Chair- essary financial and administrative services; provements to math and science, both person of the Commission and shall be served (B) enter into contracts to procure sup- a commitment to research and math by any person or class of persons designated plies, services, and property; and and science education. It follows by the Chairperson for that purpose. (C) enter into contracts with Federal, through on a commitment to ensure (B) In the case of contumacy or failure to State, or local agencies, or private institu- U.S. students, teachers, businesses, and obey a subpoena issued under paragraph (1), tions or organizations, for the conduct of re- workers are prepared to continue to the United States district court for the judi- search or surveys, the preparation of reports, cial district in which the subpoenaed person and other activities necessary to enable the lead the world in research and then resides, is served, or may be found may issue Commission to perform its duties. taking that research to the private sec- an order requiring such person to appear at (g) The Commission shall terminate 90 tor so it can come up with those prod- any designated place to testify or to produce days after the date on which the Commission ucts. documentary or other evidence. Any failure submits its report to Congress under sub- In our bill, we don’t do anything that to obey the order of the court may be pun- section (d)(2). picks winners and losers. We are not (h)(1) There are authorized to be appro- ished by the court as a contempt of that industrial policy people. What we are, court. priated such sums as may be necessary to (3) Section 1821 of title 28, United States carry out this section. though, is American policy people, to Code, shall apply to witnesses requested or (2) Any sums appropriated under the au- do this. subpoenaed to appear at any hearing of the thorization contained in this subsection This America COMPETES Act was Commission. The per diem and mileage al- shall remain available, without fiscal year based a lot on recommendations that lowances for witnesses shall be paid from limitation, until expended. came from the National Academy of funds available to pay the expenses of the Mr. INOUYE. Mr. President, I ask Science report called ‘‘Rising Above Commission. unanimous consent that the amend- the Gathering Storm.’’ That report was (4) The Commission may secure directly ment be set aside for future consider- from any Federal department or agency such done at the request of three leaders: information as the Commission considers ation. Senator DOMENICI, Senator BINGAMAN, necessary to perform its duties. Upon re- The PRESIDING OFFICER. Without and Senator ALEXANDER. Then I, after quest of the Chairperson of the Commission, objection, it is so ordered. it was published, became part of the the head of such department or agency shall Mr. INOUYE. Mr. President, I suggest group to implement it. furnish such information to the Commission. the absence of a quorum. Well, this is a great day for our col- (5) The Commission may use the United The PRESIDING OFFICER. The league from New Mexico. I know last States mails in the same manner and under clerk will call the roll. night our colleague from New Mexico, the same conditions as other departments The legislative clerk proceeded to Senator DOMENICI, announced that he and agencies of the Federal Government. call the roll. (f)(1) Each member of the Commission who Ms. MIKULSKI. Mr. President, I ask is going to retire from the Senate. He is not an officer or employee of the Federal is in his home State of New Mexico Government shall be compensated at a rate unanimous consent that the order for the quorum call be rescinded. today sharing his plans for his own fu- equal to the daily equivalent of the annual ture with his constituents. But while rate of basic pay prescribed for level IV of The PRESIDING OFFICER. Without the Executive Schedule under section 5315 of objection, it is so ordered. he is talking about his own future with title 5, United States Code, for each day (in- Ms. MIKULSKI. Mr. President, we his constituents, I want to acknowl- cluding travel time) during which such mem- are trying to clear amendments that edge that he worked very hard on a bi- ber is engaged in the performance of the du- have been cleared by Senator SHELBY partisan basis to ensure the future of ties of the Commission. All members of the and myself. Others are looking at the Nation. He and Senator BINGAMAN Commission who are officers or employees of and Senator ALEXANDER, again, work- the United States shall serve without com- them, so we are proceeding. While those amendments are being cleared, ing together, showed that we can do pensation in addition to that received for better so that we can compete in the their services as officers or employees of the one of the issues I wanted to bring to United States. our colleagues’ attention is how we are world and that we compete in the (2) The members of the Commission shall making America more competitive world not only to win Nobel prizes— be allowed travel expenses, including per with this bill. and we will continue to do so—but we diem in lieu of subsistence, at rates author- Earlier in my presentation in which I will also win the markets, for which we ized for employees of agencies under sub- gave an overview of the bill, I empha- must to have a stronger economy. chapter I of chapter 57 of title 5, United So ‘‘Rising Above the Gathering States Code, while away from their homes or sized what we were doing in law en- regular places of business in the performance forcement, which I am so proud of, and Storm,’’ which was promoted by those of services for the Commission. of course the Presiding Officer himself three excellent and wonderful col- (3)(A) The Chairperson of the Commission as a former attorney general knows leagues, led to, with the help of people may, without regard to the civil service laws how important the Federal and local such as Senator LIEBERMAN and others, and regulations, appoint and terminate the law enforcement agencies are. But this the America COMPETES Act. It keeps employment of such personnel as may be bill is called Commerce-Justice- research programs at the National necessary to enable the Commission to per- Science. Science Foundation, the National In- form its duties. (B) The Chairperson of the Commission We focused, in our subcommittee— stitute of Standards, and DOE on a may fix the compensation of the personnel myself and my ranking member, Sen- path for doubling the money for re- without regard to chapter 51 and subchapter ator SHELBY—on three issues this year: search in these key areas. III of chapter 53 of title 5, United States security, competitiveness, and ac- But, in addition to research, we Code, relating to classification of positions countability—the stewardship of the wanted to make sure we have the sci- and General Schedule pay rates, except that taxpayers’ dollar. We focused on com- entists, the engineers, and the tech- the rate of pay for the personnel may not ex- petitiveness because it is our sub- nology experts to do so. We are falling ceed the rate payable for level V of the Exec- utive Schedule under section 5316 of such committee that funds the major behind in the number of people who title. science agencies that come up with the choose science as a career or people (4) Any Federal Government employee may new ideas that help come up with the with a science education to go into our be detailed to the Commission without reim- new jobs, the research that enables the classrooms. The America COMPETES

VerDate Aug 31 2005 03:29 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.010 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12711 Act puts an emphasis on that into ac- ment, working in a unique partnership spects to him for being the leader he is. tion. They wanted to prepare thou- with universities, not Government When he returns, he will find we passed sands of new teachers and provide cur- doing the research but the Government this bill. It is a tribute to what biparti- rent teachers with teaching skills in putting money out in almost intellec- sanship means, finding that sensible the area of NSF’s Noyce teacher schol- tual venture capital to come up with Senator, and we are going to build a arship program. They also wanted to new research in physics, chemistry, bi- stronger country because of this. I enhance undergraduate education for ology, and the basic sciences; and then wished to bring this to our colleagues’ the future science and engineering to give stipends so young, smart peo- attention as we clear these amend- workforce. They also wanted to author- ple, such as the people who wanted to ments. ize new competitive grants at the De- do the ‘‘October surprise,’’ could come I suggest the absence of a quorum. partment of Education to increase the out of the hollows of West Virginia and The PRESIDING OFFICER. The number of teachers, so grant programs the streets of Baltimore, our commu- clerk will call the roll. also help do that. nities, to go on to do this. The legislative clerk proceeded to So we passed the America COM- What did we fund? We funded pro- call the roll. PETES Act. But, as my colleagues grams that then we’re able to do. In Mr. SHELBY. Mr. President, I ask know—what is authorizing legislation? our legislation, we have now increased unanimous consent that the order for It sets the policy, sets the direction, our research to $6.5 billion. In this, we the quorum call be rescinded. and puts national goals into the Fed- have focused on education, K through The ACTING PRESIDENT pro tem- eral lawbooks, which is a great first 12. We have also funded other impor- pore. Without objection, it is so or- step. But now, the legislation we bring tant programs in research, our science dered. before the Senate, the Commerce-Jus- programs. We help with minority edu- AMENDMENT NO. 3231 tice-Science bill, the Mikulski-Shelby cation. Mr. SHELBY. Mr. President, I call up bipartisan bill, following on the tradi- By the way, this is one of the most amendment No. 3231 and ask for its im- tion that sparked us, we are actually important agencies that helps histori- mediate consideration. putting money in the Federal check- cally black colleges, to make sure they The ACTING PRESIDENT pro tem- book to do that. have the financial resources they need. pore. Without objection, the pending One of the areas, of course, where we An example would be the increased amendment will be set aside, and the do that is we increase funding for re- funding for the Louis Stokes Alliance clerk will report. search. We are going to talk later on for Minority Participation. We provide The legislative clerk read as follows: today about NASA, on the anniversary $75 million for math and science part- The Senator from Alabama [Mr. SHELBY], of sputnik, where that little round ball nerships in education. We estimate for himself and Ms. MIKULSKI, proposes an weighing 180 pounds shook up the cos- that our program will have an impact amendment numbered 3231. mos and even the galaxies. But little upon over 140 math and science teach- The amendment is as follows: known is something called the Na- ers. We also have a talent expansion (Purpose: To improve the working conditions tional Science Foundation. This was an program to begin to recruit them. We for the United States Marshal’s Service) agency which was created during the are bringing teachers into internships. On page 28 line 3 strike ‘‘.’’ And insert ‘‘: Eisenhower administration and has Over at Morgan University and down at Provided further, That $10,000,000 shall only now withstood the test of time. Presi- the Eastern Shore, we have something be used to address the health safety and se- curity issues identified in the United States dent Eisenhower responded, a warrior— called the Chesapeake Consortium, and we all saw the great miniseries of Department of Justice, Office of Inspector where our young people are getting General Report I–2007–008.’’ Ken Burns on the war. We are so proud paid internships to work on rocket Mr. SHELBY. Mr. President, Senator of Senator INOUYE, who was featured in ships that go off—small rockets that go MIKULSKI and I have cleared this it. But Eisenhower, the man who led us off from down on Wallops Island. in Europe, knew that when sputnik amendment on both sides. This will If you came with me to the Eastern provide $10 million for upgrades to the went up, we were in a race for Amer- Shore, to Somerset County, where pri- ica’s future and we could either re- DC Superior Court Moultrie Court- marily the lifestyle is that of house for the U.S. Marshal space. It is spond militarily or we could respond in watermen and agriculture—these peo- a way that would have many uses. badly needed and long overdue. ple work hard and have dirt under their Ms. MIKULSKI. Mr. President, I con- Eisenhower created two things: One, fingernails and big dreams. One of the the National Science Foundation, and cur. I thank the Senator from Alabama largest employers is our prison. This is for bringing this to our attention. I two, something called the National De- an area the Senators from Virginia fense Act. urge adoption of the amendment. share, where the facility is called Wal- The ACTING PRESIDENT pro tem- The National Defense Act was to get lops Island. Our young people at the our young people involved in science pore. If there is no further debate on Chesapeake Consortium are working at the amendment, the question is on and in technology so that they could Wallops to develop these small rockets come up with those new ideas to make agreeing to amendment No. 3231. and also work with UAV research. If The amendment (No. 3231) was agreed sure that we not only beat the Rus- you went down there with me to that to. sians in space but that we beat the county that has one of the highest pov- Mr. SHELBY. I move to reconsider Russians in everything—an idea with erty rates, in terms of cash income, in the vote. currency today, I might add. And then, my State, and you saw these young Ms. MIKULSKI. I move to lay that the National Science Foundation. His men and women with the Chesapeake motion on the table. brother was president of Johns Hopkins Consortium shirts on, where they had The motion to lay on the table was University, Milton Eisenhower. Later, worked at historically black colleges agreed to. what did the National Science Founda- with our talented science team instead AMENDMENT NO. 3220 tion do? We could have put a lot of of flipping hamburgers, they had a paid Ms. MIKULSKI. Mr. President, I ask money into the military so we could internship, they are flipping ideas. that the pending amendment be set shoot those satellites down, but we Each and every one of them is a grad- aside, and I call up amendment No. 3220 said we were going to develop our own uate and they have jobs in major tech- on behalf of Senator MENENDEZ of New and be better at it. We became the pre- nology agencies in our country. This is Jersey. mier country in satellites. Satellites what we are doing. The ACTING PRESIDENT pro tem- defend the Nation. Satellites also give I want my colleagues to know we are pore. Without objection, the clerk will us information on weather. Satellites increasing funding in research. We are report. give us information and early warnings investing in education. We are invest- The legislative clerk read as follows: on things such as solar flares that can ing in and implementing the America The Senator from Maryland [Ms. MIKUL- take out our power grid. Satellites COMPETES Act, and we are making SKI], for Mr. MENENDEZ, proposes an amend- were one of the greatest inventions sure we are truly rising above the gath- ment numbered 3220. ever created. America led the way. ering storm. Ms. MIKULSKI. Mr. President, I ask Eisenhower created this, where we I hope Senator DOMENICI will be here unanimous consent that the reading of would fund—we, the Federal Govern- today. I will personally pay my re- the amendment be dispensed with.

VerDate Aug 31 2005 03:29 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.047 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12712 CONGRESSIONAL RECORD — SENATE October 4, 2007 The ACTING PRESIDENT pro tem- Ms. MIKULSKI. The amendment pro- retaries, I believe his name was Turner, pore. Without objection, it is so or- vides additional funding for a drug appeared before the committee. He was dered. court program. The amendment has ap- promoting the ratification of this trea- The amendment is as follows: propriate offsets. I ask for the adoption ty. (Purpose: To provide additional funding for of the amendment. It has been cleared I said: As I read this, it is not just 70 juvenile mentoring programs) on both sides of the aisle. percent of the Earth’s surface, water, On page 70, between lines 10 and 11, insert Mr. SHELBY. The amendment has but also the air above it. He said that the following: been cleared. I concur with the chair- could very well be. He could not re- SEC. 217. Notwithstanding any other provi- woman. spond or deny that fact. sion of this title— The ACTING PRESIDENT pro tem- Another issue of concern is the effect (1) the amount appropriated under the pore. If there is no further debate, the the Law of the Sea Treaty will have on heading ‘‘JUSTICE INFORMATION SHARING TECH- question is on agreeing to amendment the President’s Proliferation Security NOLOGY’’ under the heading ‘‘GENERAL AD- No. 3227. MINISTRATION’’ under this title is reduced by Initiative, PSI, with which we are all $5,000,000; The amendment (No. 3227) was agreed familiar. It was designed to combat the (2) the amount appropriated under the to. transfer of weapons of mass destruc- heading ‘‘JUVENILE JUSTICE PROGRAMS’’ under Mr. SHELBY. I move to reconsider tion. Advocates of the treaty assure us the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ the vote. that the treaty in no way damages the under this title is increased by $5,000,000; and Ms. MIKULSKI. I move to lay that effectiveness of PSI because countries (3) of the amount appropriated under the motion on the table. that want to participate in these open heading ‘‘JUVENILE JUSTICE PROGRAMS’’ under The motion to lay on the table was ocean inspections to assure nuclear the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ agreed to. weapons are not being traded illegally under this title, $10,000,000 is for juvenile Ms. MIKULSKI. Mr. President, while voluntarily sign on to the President’s mentoring programs. we continue to clear our amendments, PSI agreement. Ms. MIKULSKI. Mr. President, this I say to our colleagues who might have However, under the treaty, boarding amendment provides additional fund- amendments, bring them down. I note a vessel is allowed under four cir- ing of $5 million for juvenile mentoring that we have hotlined our request. programs. The Senator from New Jer- While we continue to clear amend- cumstances: One, if there is suspicion sey has an appropriate offset. We have ments, I suggest the absence of a of piracy; second, engaging in slave no objection to the amendment. It has quorum. trade; third, unauthorized broad- been cleared on both sides. Therefore, I The ACTING PRESIDENT pro tem- casting—I am not sure what that is, ask for the adoption of the amendment. pore. The clerk will call the roll. Mr. President—and fourth, whether it As I said, it has been cleared on both The legislative clerk proceeded to is unwilling to show its nationality. Taken literally, as most countries sides. call the roll. will, a U.S. warship would not be al- The ACTING PRESIDENT pro tem- Mr. INHOFE. Mr. President, I ask lowed to stop a vessel with a shipment pore. If there is no further debate, the unanimous consent that the order for of nuclear energy materials if it is fly- question is on agreeing to amendment the quorum call be rescinded. ing a State flag on purportedly legiti- No. 3220. The ACTING PRESIDENT pro tem- The amendment (No. 3220) was agreed pore. Without objection, it is so or- mate business. The Law of the Sea Treaty creates— to. dered. Mr. SHELBY. I move to reconsider LAW OF THE SEA TREATY and this is, I think, the worst part of the vote. Mr. INHOFE. Mr. President, first, I it—this international seabed authority. Ms. MIKULSKI. I move to lay that thank the chairman of the committee, There is a mentality around Wash- motion on the table. Senator MIKULSKI, for allowing me to ington that unless you have some great The motion to lay on the table was speak for 2 or 3 minutes. big international body, we shouldn’t agreed to. Last Thursday, the Senate Foreign have any sovereignty, and that is ex- actly what this treaty does. It has an AMENDMENT NO. 3227 Relations Committee held a hearing on international seabed authority which Ms. MIKULSKI. Mr. President, I con- the Law of the Sea Treaty, and we will actually would have jurisdiction over tinue to ask that the pending amend- hold another hearing. The committee 70 percent of the area of this globe. ment be set aside, and I call up amend- may be holding another hearing today. They also have taxing authority. I ment No. 3227. As chairman of the Environment and think a lot of us—and I have to admit The ACTING PRESIDENT pro tem- Public Works Committee when the Re- I have been critical of the United Na- pore. Without objection, the clerk will publicans were in the majority, I held tions, and they are the ones behind this report. several hearings in March of 2004. We The legislative clerk read as follows: also had hearings before another com- issue. If they are able to have this tax- ing authority, then those of us—and The Senator from Maryland [Ms. MIKUL- mittee on which I serve, which is the most of the Members of this Senate SKI], for Mr. DORGAN, for himself, Ms. Senate Armed Services Committee. STABENOW, Mr. HAGEL, Mr. REED, Mr. LEVIN, Proponents of the ratification of the have done this at one time or another— and Mr. BIDEN, proposes an amendment num- Law of the Sea Treaty will tell you when it gets to the point where they bered 3227. that the treaty will be a great asset to are not doing a good job with some- Ms. MIKULSKI. Mr. President, I ask the military by allowing our Navy the thing or the U.N. has something with unanimous consent that the reading of freedom of movement to and from any which we disagree, we send a resolution the amendment be dispensed with. point on and under the ocean, that says: If you don’t stop doing this, The ACTING PRESIDENT pro tem- unencumbered by the need to send re- then we are going to withhold some of pore. Without objection, it is so or- quests to foreign governments for per- our dues. The way they overcome that dered. mission to enter territorial waters or is with global taxation so that the U.N. The amendment is as follows: to pass through straits. While this would not have to be accountable to (Purpose: To provide adequate funding for treaty does maintain that this is true, anyone. the Drug Courts program) it is subject to several caveats that With all these problems, this is a On page 52, line 5, strike ‘‘$1,400,000,000’’ really do concern me. treaty on which we should be able to and insert ‘‘$1,415,000,000’’. Under the terms of our treaty, our have hearings. I would like to have a On page 53, strike lines 18 and 19 and insert naval warships must pass by the coast hearing, as I did in 2004, and have some the following: and not engage in any type of exercise, of the same people testify because (5) $40,000,000 for Drug Courts, as author- ground all aircraft, and negate the use nothing has happened since then. I am ized by section 1001(25)(A) of title I of the of any defensive devices. The issue of talking about in both the Environment 1968 Act: Provided, That of the unobligated and Public Works Committee and in balances available to the Department of Jus- passage not only applies to ships but tice (except for amounts made available for also to aircraft, both commercial and the Senate Armed Services Committee Drug Courts, as authorized by section military. because this is a national security 1001(25)(A) of title I of the 1968 Act), This is interesting because when we issue. I am putting that request in, $15,000,000 are rescinded; had our hearing, one of the Under Sec- and, hopefully, we will be able to do it.

VerDate Aug 31 2005 00:54 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.013 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12713 I yield the floor and suggest the ab- It might come as a surprise that amendments to the floor and the NASA sence of a quorum. many local law enforcement people are amendment, we really do believe, with The ACTING PRESIDENT pro tem- injured in the line of duty when re- those who are working to clear these pore. The clerk will call the roll. sponding to domestic violence. You amendments, we can finish up late this The assistant legislative clerk pro- might say: Well, aren’t they hurt when afternoon. So we are not going to take ceeded to call the roll. they are responding to robberies and a break for lunch; we are going to keep Ms. MIKULSKI. Mr. President, I ask burglaries? The answer is yes. But on working. To any colleagues who unanimous consent that the order for when a police officer responds to a do- wish to speak on our bill or bring the quorum call be rescinded. mestic violence call and he walks into amendments to us, this is the time. The ACTING PRESIDENT pro tem- a home—or she—the police officer usu- With their cooperation, we can cooper- pore. Without objection, it is so or- ally does not have a weapon drawn be- ate with all those who would like to be dered. cause they want to de-escalate the sit- able to call it a day today and get back Ms. MIKULSKI. Mr. President, I ask uation. This is often happening behind to their districts for the recess period. unanimous consent that the pending closed doors where someone is being The ACTING PRESIDENT pro tem- Inouye amendment be set aside. battered, and the perpetrator could pore. The Senator from Massachusetts. Mr. KENNEDY. Mr. President, I ad- The ACTING PRESIDENT pro tem- very likely feel threatened and, in mire our two floor managers and their pore. Without objection, it is so or- turn, use the officer’s weapon or an- diligence and perseverance in moving dered. other lethal object on the police offi- the legislation forward. I have a few AMENDMENT NO. 3233 cer. So the police officers are in dan- small items I think are of some impor- Ms. MIKULSKI. Mr. President, I have ger, the spouse or the child being bat- tance, but I don’t want to interrupt the an amendment which I wish to send to tered is also in danger, and we want to process or the consideration of the the desk. make sure the funding is not also in amendments. So I will proceed, but if The ACTING PRESIDENT pro tem- jeopardy. the managers find there is an amend- pore. The clerk will report. I strongly support the Office of Vio- ment that needs addressing, I will be The assistant legislative clerk read lence Against Women that was estab- glad to withhold. I don’t intend to take as follows: lished by our colleague from Delaware, very long, but I would like to be able to The Senator from Maryland [Ms. MIKUL- Senator BIDEN. My amendment simply make these comments. SKI], for herself, Mr. SHELBY, and Mrs. MUR- increases the money, for a total of $400 RAY, proposes an amendment numbered 3233. The ACTING PRESIDENT pro tem- million. It has an appropriate offset, pore. Without objection, it is so or- Ms. MIKULSKI. Mr. President, I ask and it will provide more funding for the dered. unanimous consent that the reading of training of police officers and prosecu- Mr. KENNEDY. Mr. President, I rise the amendment be dispensed with. tors. It would also continue the fund- in response to the shocking news re- The ACTING PRESIDENT pro tem- ing for battered women shelters and at ported on the front page of the New pore. Without objection, it is so or- the same time have a very strong effort York Times that the Department of dered. in reducing rape, and also prosecution Justice gave legal advice authorizing The amendment is as follows: of rape. the use of extreme interrogation tech- (Purpose: To provide additional funding for The amendment is noncontroversial. niques not only in 2002 and 2003 but the Office on Violence Against Women) We have several cosponsors, including also at least two more times in 2005. On page 70, between lines 10 and 11, insert my colleague, Senator SHELBY, and This revelation shows that the Justice the following: also Mrs. MURRAY of Washington State. Department has fallen even lower than SEC. 217. Notwithstanding any other provi- So I hope my colleagues would accept sion of this title— we had realized and that it is up to (1) the amount appropriated in this title this amendment. Congress to take a firm stand against under the heading ‘‘GENERAL ADMINISTRA- The ACTING PRESIDENT pro tem- torture because this Executive cannot TION’’ is reduced by $10,000,000; pore. The Senator from Alabama. be trusted to do so. (2) the amount appropriated in this title Mr. SHELBY. Mr. President, I com- We have been here before. Before this under the heading ‘‘VIOLENCE AGAINST WOMEN mend Senator MIKULSKI for offering morning, we already knew about an PREVENTION AND PROSECUTION PROGRAMS’’ this amendment. I am a cosponsor of earlier opinion by the Office of Legal under the heading ‘‘OFFICE ON VIOLENCE it, and many of us believe what she is Counsel that authorized the use of tor- AGAINST WOMEN’’ is increased by $10,000,000; doing is the right road to go down. I be- ture. When this ‘‘torture memo’’ came and lieve we should adopt this amendment (3) of the amount appropriated in this title to light, the Bybee memorandum, it in- as soon as possible. under the heading ‘‘VIOLENCE AGAINST WOMEN spired worldwide outrage and con- PREVENTION AND PROSECUTION PROGRAMS’’ Ms. MIKULSKI. Mr. President, I demnation. America lost its moral high under the heading ‘‘OFFICE ON VIOLENCE thank my colleague for supporting ground in the fight against terrorism, AGAINST WOMEN’’— this, and I urge the adoption of the possibly for years to come. This memo (A) $60,000,000 is for grants to encourage ar- amendment. and others like it violated the values rest policies, as authorized by part U of the The ACTING PRESIDENT pro tem- we hold dear, undermined our intel- Omnibus Crime Control and Safe Streets Act pore. If there is no further debate on ligence gathering, and encouraged our of 1968 (42 U.S.C. 3796hh et seq.); the amendment, the question is on enemies to respond in kind. But the (B) $4,000,000 is for engaging men and youth agreeing to the amendment. in prevention programs, as authorized by opinion was not only morally wrong, it section 41305 of the Violence Against Women The amendment (No. 3233) was agreed was also legally wrong. After the pub- Act of 1994 (42 U.S.C. 14043d–4); and to. lic outrage over the opinions broke, the (C) $1,000,000 is for the National Resource Mr. SHELBY. Mr. President, I move Office of Legal Counsel took the ex- Center on Workplace Responses to assist vic- to reconsider the vote. traordinary step of withdrawing it, and tims of domestic violence, as authorized by Ms. MIKULSKI. I move to lay that as far as we know, this is the first time section 41501 of the Violence Against Women motion on the table. an OLC opinion had ever been over- Act of 1994 (42 U.S.C. 14043f). The motion to lay on the table was turned within a single administration. Ms. MIKULSKI. Mr. President, this is agreed to. Today’s New York Times story tells a very straightforward amendment. Ms. MIKULSKI. Mr. President, I us that this disgraceful episode did not What it does is add $10 million to the thank my colleague for his support. end when the torture memorandum Office of Violence Against Women. It will not be our intention to ad- was withdrawn. At the same time the October is Domestic Violence Aware- journ for lunch. We are going to keep Justice Department was publicly ness Month, and we wanted to be sure on working and keep on hearing our claiming it had put things right, the that, in our legislation, one of the amendments, and then somewhere Office of Legal Counsel was secretly things we were going to be clear about around 2 p.m. we will be offering an issuing two new opinions. The first was that there would be enough re- amendment to deal with NASA fund- opinion authorized harsh interrogation sources for our local communities to ing, which we think will take a consid- techniques together, in combination, really deal with the growing issue of erable amount of time. With our col- to create a more extreme overall ef- domestic violence. leagues’ cooperation in bringing their fect. In other words, interrogators

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The second opinion de- Last year, in the Military Commis- tion or information to stand between these children and the health care they need. clared none of the CIA’s interrogation sions Act, Congress left it to the Presi- methods violated the ban on cruel, in- dent to define by Executive Order the We read that the President only yes- human, and degrading treatment that interrogation practices that would bind terday had vetoed this program be- Congress was getting ready to pass. all government interrogators, includ- cause, as he pointed out, he believed it This was at a time when the CIA was ing the CIA. was a government health insurance program, and his allies have called it using waterboarding and other foreign The President’s Executive order took socialized medicine. I was here in the techniques copied from the Soviets and maximum advantage of this loophole. Senate when we passed Medicare, and other brutal regimes. It is vague and fails to prohibit many that was called socialized medicine. So how did the Justice Department of the most flagrant interrogation Those who called it socialized medicine go from secretly authorizing brutal in- practices. Combined with these new were successful the first time, and then terrogation techniques in 2002 and 2003 OLC opinions that have just come to 9 months later we were successful in to withdrawing some of that authoriza- light, this Executive order makes clear passing that program. It was in 1964, that the President believes these inter- tion in 2004 to once again secretly reau- and it was passed in 1965. The inter- thorizing such techniques in 2005? The rogation practices to be perfectly ac- vening event was a Presidential elec- answer, we now know, is that the ceptable. tion. White House overruled all those pesky The Torture Prevention and Effective They said Medicaid was socialized officials who told them what they Interrogation Act closes the loophole medicine. They said the prescription didn’t want to hear—who told them left open by the Detainee Treatment drug program was a socialized pro- that torture is wrong and illegal. Act. It follows the warning of General gram, and it was passed. They said the James Comey told his colleagues at Petraeus that brutal interrogation veterans health programs are social- the Justice Department that they methods are both illegal and immoral, ized medicine programs. would all be ashamed when the world and that ‘‘history shows that they also We have found the President stated eventually learned of these opinions. are frequently neither useful nor nec- that Social Security, he believes, ought He was sidelined by the White House. essary.’’ to be privatized—and that has been re- Jack Goldsmith met the same fate. This bill is an opportunity to restate sisted by Democrats and Republicans— These were conservative Republicans our commitment to the security and and that Medicare ought to be and loyal patriots who were simply ideals of our country. It is an oppor- privatized. Let’s make no mistake trying to uphold the law. tunity to repair some of the damage about it across this country: The Presi- It is clear why President Bush want- done to our international reputation dent has now selected the CHIP pro- ed Alberto Gonzales to run the Justice by the Abu Ghraib scandal and the gram for the beginning of the privat- Department—he wanted to install his abuses at Guantanamo. It is an oppor- ization of these health programs and personal lawyer, not a guardian of the tunity to restore our nation’s role as a Americans ought to be very much rule of law. Mr. Gonzales approved beacon for human rights, fair treat- aware—children today, seniors tomor- these two memos and everything else ment, and the rule of law. And it is an row, veterans the next day. Let’s un- the President needed for legal cover. opportunity to protect our brave serv- derstand that. It would be bad enough if this admin- icemen and women from similar tac- Americans want practical solutions istration had disgraced itself and this tics. to these issues. The practical solution country by engaging in cruel and de- It is a simple measure that is long was the CHIP program. Even the CBO grading treatment of detainees. It is overdue. says if you are interested in ensuring worse still that it enlisted the Justice Once again, this morning, Americans uninsured children, the CHIP program Department in an attempt to justify and people all over the world are re- is the way to go. The administration’s and cover up its activities. volted by what they have learned about own agency has stated that. Americans Today’s revelations give new urgency this administration’s refusal to reject want the practical, not the ideological, to the need for congressional action. I cruel and degrading treatment. It will which the President resorted to yester- am the sponsor of a bill that responds be up to the next Attorney General to day. to this need—the Torture Prevention restore the Justice Department to in- Finally, Americans want investment and Effective Interrogation Act. The tegrity. It is up to Congress to restore in America and American priorities. bill makes one basic reform: to apply the rest of the government to the prin- The No. 1 priority for Americans is the standards of the Army Field Man- ciples of law and justice that make this American children, rather than the ual to all U.S. Government interroga- country great. sands in Iraq—pouring billions and bil- tions, not just the Department of De- Mr. President, I will make a brief lions of dollars into the sands of Iraq. fense interrogations. comment on an item that I think needs Americans want to invest in the chil- When Congress passed the Detainee addressing. dren. That is what this debate is about. That is what this discussion is about, Treatment Act of 2005, we recognized CHIP VETO Republicans and Democrats coming to- that the Army Field Manual represents Yesterday the President vetoed the our best effort to develop an effective gether for practical resolution and de- CHIP program. I mentioned at that cision on this issue of the CHIP pro- interrogation policy. The Senate voted time that it was the most intolerable, 90 to 9 to apply its standards to all De- gram. inexplicable, and incomprehensible When we recess briefly now and re- partment of Defense personnel. By en- veto I have seen in the Senate. I think turn to our States, hopefully the Amer- acting the Detainee Treatment Act, today the American people are begin- ican people are going to speak to their Congress tried to ensure that our Gov- ning to understand why. representatives and say: On this issue, ernment honors its commitment to the This is President Bush’s quote, when do what is right for the children. Put basic rights enshrined in the Geneva he was Governor of Texas. This is from children first. Put American children Conventions, which protect both the President Bush’s Web site when he was first and vote to override the veto. values we cherish as a free society and Governor. I yield the floor. the lives of our service men and women Governor Bush and the Texas legislature The ACTING PRESIDENT pro tem- overseas. worked together to implement the CHIP pro- pore. The Senator from Michigan. We now know, however, that the 2005 gram for more than 423,000 children. . . . Ms. STABENOW. Mr. President, I ask Act falls short of our goals. We left Taking credit for the CHIP program unanimous consent to speak as in open a loophole that undermines the in Texas when he was Governor. This is morning business. basic safeguards against torture and what he went on to say in 2004. The ACTING PRESIDENT pro tem- cruel and degrading treatment. We ap- America’s children must also have a pore. Without objection, it is so or- plied the reform to the Department of healthy start in life. In a new term we will dered. Defense, but not to the CIA. And as to- lead an aggressive effort to enroll millions of Ms. STABENOW. Before the distin- day’s New York Times story shows, it poor children who are eligible but not signed guished Senator from Massachusetts

VerDate Aug 31 2005 03:29 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.051 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12715 leaves the floor, I thank him for his find themselves being squeezed, being families. This is the goal all of us as leadership in so many areas but none asked to take less pay in order to con- Members of the Senate should be be- more important than advocating for tinue to have health care for them- hind. I do understand this is a work in health care and for the children of this selves and their families; more and progress. I come to this bill with im- country. As he has said numerous more people falling into the category portant improvements that I believe times, we are spending $330 million a of those losing their jobs, therefore los- need to be done in order for me to ulti- day in Iraq and we have come together ing their health insurance. What is mately support a final bill. As the in a bipartisan way to say children most amazing and important for us to process moves forward, it is important should be receiving $19 million for understand, of the 90 million people that certain critical improvements be health care; $19 million for children’s who have not been able to get health made, such as people who currently health care in the United States for insurance for all or part of the last 2 have good insurance plans and want to working families versus $330 million years, 70 percent of them are working keep them should be able to do so. We for Iraq. full time. should not do anything to undermine I thank the Senator from Massachu- This is a crisis and it is not accept- employer-sponsored health insurance setts for his voice. There is no one able in the greatest country in the for those who choose to keep it. stronger or more passionate or more ef- world. To add insult to injury, we in Second, and this is so important, we fective on this issue. America pay twice as much of our GDP are seeing with so many people in Also, before speaking further about for health care as any other industri- Michigan now, and others in the auto health care, I thank our leaders on this alized country. We are paying twice as industry, any voluntary employee ben- very important appropriations bill in much, and 90 million people in the last efit association, or so-called VEBA, front of us, our Commerce-Justice- 2 years were without health insurance that results from a collective bar- Science bill which Senator MIKULSKI for part or all of that time. This has to gaining agreement must get the same has led so effectively, along with her change. It is long past needing to tax treatment they do under current ranking member, Senator SHELBY. change. This has to change soon. law. When we talk about changing the di- That is why I am so pleased to be Three, I believe there should be a rection of the priorities of this coun- joining a bipartisan group of Senators choice of a public plan for health insur- try, this particular appropriations bill in making a commitment to universal ance, such as Medicare, to compete does that. Under the leadership of the health coverage. I am very proud to be with private sector plans. When we are chairwoman, we are investing in com- cosponsoring the Healthy Americans talking about a choice of private plans munity policing, we are beefing up the Act, which has been championed by or keeping what you have, we should FBI, we are dealing with drug enforce- RON WYDEN, my friend and colleague also add to that a public choice, so peo- ment, we are doing those things to from Oregon, and his partner, Senator ple have real competition and real keep our communities safe every day. I BENNETT from Utah. It is important choice. That is something I am advo- am very proud to support her efforts in that we tackle this issue in a bipar- cating for. changing the direction of this country, tisan way so both parties, so all of us, I mentioned earlier that we need to to focus, among other things, on keep- are invested in making the changes we make sure whatever is done involves ing Americans safe and investing in need to make the health care system the best possible consumer protections; science and research and opportunities work for everybody, for all Ameri- that whatever we are doing in terms of for jobs for the future. cans—for our businesses, for our fami- private sector insurance, they should HEALTH CARE REFORM lies, individuals, small towns, big cit- need to take allcomers. They should I particularly come to the floor today ies. We have to get a handle on this. I not be able to pick and choose who gets to speak about affordable, accessible am so appreciative of the focus and the insurance based on preexisting condi- health care—quality health care for leadership Senator WYDEN is providing, tions. There are other important regu- Americans. Access to affordable health in bringing all of us together to do latory mechanisms that need to be in care is one of the most critical issues that. place. facing families of America, facing busi- There is a sense of urgency that is Finally, it is critical that there be a nesses of America. There is not a meet- needed and we are coming together to real safety net for low-income families ing I go to—whether it is with seniors, provide that sense of urgency, to say who are now on Medicaid or similar with families, with those advocating we hear it from those around the coun- programs. I strongly believe we cannot for children, with small businesses, big try and we are rolling up our sleeves keep the status quo when it comes to businesses—the No. 1 issue folks want and getting to work. This legislation is health care. We cannot do it anymore. to talk about is the skyrocketing cost a good place for us to start, for us to We cannot do it. It is affecting every of health care, health insurance pre- develop a real solution to the health part of our economy. miums going up, and the difficulty in care crisis. The bill’s main goal is mak- Rapidly growing health care costs getting health insurance. They want us ing sure each American gets health in- are literally costing us jobs in Amer- to come together, our Federal Govern- surance that is equal at least to what ica. When we look at good-paying man- ment, our Congress, our President, and every Member of Congress gets. I would ufacturing jobs in this country, I invite find a solution to something that is a think as employees of the American you to come to Michigan and talk to national crisis. people, the employer should be asking people who have worked hard all their Health care should not be a com- for nothing less. lives, who have built a good life for modity. It should not be just an issue. It creates a strong insurance regu- their family, who are now, because of It is a public issue, a public service, a latory system that protects families health care costs, losing their jobs. public health issue. We are all paying against discrimination based on pre- American businesses are at a serious the price for not having addressed this existing conditions. This is absolutely disadvantage in competing with busi- sooner. critical. If we are talking about a uni- nesses around the world that do not According to a recent study by versal system that is privately admin- have to pay the same costs for health ‘‘Families USA,’’ approximately 90 mil- istered, then you cannot have insur- care. Our workers are being asked to lion Americans have gone without ance companies cherry picking, cov- take pay cuts in order to keep their health insurance for all or part of the ering only certain people, saying if you coverage. Too many Americans find last 2 years. These numbers are even have some kind of a preexisting condi- themselves without basic health insur- higher than we had thought. Certainly tion, you cannot get insurance. That is ance in the greatest country in the in my home State of Michigan, where not going to work and this bill changes world. Shame on us. It is time to get we are seeing the middle-class families that. this right. across Michigan being squeezed on all It is critical that there be account- It is past time for every American to sides—folks who have worked in manu- ability and oversight and the regula- have access to the health care they facturing and continue to work in man- tion that is needed to make sure every- need and deserve. Let me say as part of ufacturing, the industries that created one can afford to get the insurance that, we have shown what we can do as the middle class of this country—they they need for themselves and their a Senate, in a bipartisan way, when we

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Despite the President’s veto, which LEY join those of us in this coalition So punch No. 1 is covering the kids, is, to me, unexplainable, given the and to have their support in the Senate and punch No. 2, as Senator STABENOW overwhelming need and support of Finance Committee, this is an enor- suggested, is moving on to the broader American families, and even from busi- mously important day. reform issue of making sure all Ameri- ness and labor, and health care pro- As Senator STABENOW said, she rep- cans have quality, affordable coverage. viders coming together on a bipartisan resents constituents facing one of the What is promising about this period basis here, it is mind boggling to me great challenges in American health that we have not had in the past is that that the President would veto that bill. care; that is, how to make the transi- both Republicans and Democrats have We have shown what we can do to- tion for so many of our key workers been willing to search for common gether. and companies in basic industries. ground. I am so pleased to be working with When you open a business today in the In our conversations, Senator BEN- my colleagues on the other side of the State of Michigan or Montana or Or- NETT, Senator GRASSLEY, and I, and aisle, as well as with Senator WYDEN, egon or anywhere else, you spot your others, have talked about the need to certainly Senator BENNETT, but I want foreign competition about 18 percent- cover everybody. Certainly, back in to particularly say I am proud to be age points the day you open your 1993, that was something that was a bit coming to this process and this legisla- doors. Those businesses in our States of a show stopper. People said: You tion at the same time as my good see premiums go up 10, 12, 14 percent a cannot afford it. Today, many Repub- friend, Senator CHUCK GRASSLEY, who year. And they are competing in global licans share the view of Senator has shown such courage. He and Sen- markets against people who have STABENOW and myself that the country ator HATCH are heroes in terms of advo- State-funded health care. cannot afford not to cover everybody cating for children’s health care and So as Senator STABENOW has said, because what happens today is people showing the courage to stand up to and as we have seen just in the last who are uninsured shift their bills to their President. It is not an easy thing couple of weeks with the new UAW people who are insured, and not only do to do. But to stand up and tell the agreement, there is going to be change they shift the bills, they shift the most truth, to debunk what has been said as in the air. The question is how we expensive bills: those hospital emer- inaccurate, it is something that truly shape it. And to have people such as gency room bills and expensive treat- everyone in this Chamber and around Senator STABENOW and Senator GRASS- ment bills for acute illnesses. the country respects and admires. LEY, who have been leaders for years So I very much credit Republicans Coming to this legislation with Sen- and years in this cause, it is of enor- such as Senators BENNETT and GRASS- ator GRASSLEY is also something that mous benefit. LEY and GREGG and all of those who is important to me. I believe in addi- Senator BENNETT and I are very ap- have joined us from the other side of tion to making sure that 10 million preciative. We are also glad to have the aisle by being willing to search for children have health insurance they Senators LANDRIEU and COLEMAN join common ground around the proposition need, it is time to then take the next us. Senator LANDRIEU, of course, is of getting everybody covered. step—universal health care for every wrestling with the great challenge of But Democrats have also been willing person in America. I believe health how to reform health care in the State to look at new approaches to make care should be a right in the United of Louisiana. She has looked at a num- sure we could address this issue in a bi- States of America, not a privilege. ber of innovative reforms that we sup- partisan way. Senator STABENOW has It is time to get this done. I am hope- port. said the Healthy Americans Act fo- ful this legislation will serve as a start- Senator COLEMAN, coming from Min- cuses on a private delivery system, a ing point for Democrats and Repub- nesota, which has been a huge tech private delivery system which is, of licans to accomplish what the vast ma- center that has contributed to an area course, what we enjoy. When we all go jority of Americans want: to be able to that Senator STABENOW has a great in- home, we go home to Montana or afford good health insurance for them- terest in, which is health information Michigan, and everyone says: We would selves and their families. technology—Senator COLEMAN’s in- like coverage like you people have I yield the floor. volvement will be very helpful as well. back in the Congress. The ACTING PRESIDENT pro tem- It seems to me this Congress has the Well, we have private coverage. I pore. The Senator from Oregon. chance to deliver a bipartisan one-two have a Blue Cross card in my pocket. A Mr. WYDEN. Mr. President, I ask punch for health care this year. Punch couple of Wyden twins in a few weeks unanimous consent to speak as in No. 1 is to try to make sure our kids are going to get their health care morning business for up to 20 minutes. are covered. Americans are watching through that Blue Cross card. Nancy is The ACTING PRESIDENT pro tem- the back and forth between the Con- at home in Oregon, and we are going to pore. Without objection, it is so or- gress and the President with respect to have those kids in a few weeks. They dered. children’s health care. are going to be covered with private Mr. WYDEN. Mr. President, let me Clearly, it is a moral abomination health insurance. begin by saying that Senator BENNETT that so many of our youngsters in So we want to make sure everyone in and I are thrilled to be able to welcome America do not have health care. The this country has private choices like Senator STABENOW to this bipartisan American people want action. They Members of Congress have. As Senator coalition, the first bipartisan coalition cannot understand the bickerfest going STABENOW has mentioned, Democrats in 13 years that has been designed to on in Washington, DC, over this issue. who might have said, well, we ought to try to finally fix American health care I am very hopeful that the White be looking at a Government program, and ensure that all of our citizens have House will continue to work, pick up are willing to reach out and work with good quality affordable coverage. on the model set out by Senator Republicans to say: If we can cover ev- Four Senators joined us this week. I GRASSLEY and Senator HATCH, working erybody, if we can get everybody in want to say just a little bit about each with Senator BAUCUS and Senator America good, quality, affordable cov- one of them. First, Senator STABENOW ROCKEFELLER, and we will resolve this erage, we are willing to make sure has put decades into this cause of im- issue quickly. there are private choices, which is proving health care. Again and again, It is clear to me that covering kids is something our colleagues on the Re- she has spoken for seniors, for kids, for a moral issue, but it is also a financial publican side have talked about as holding down costs, for prevention. We issue. If these youngsters do not get well. We also have responsible ways to sit right next to each other in the Sen- good health care, America plays catch- pay for this program that covers all ate Finance Committee. And to have up ball for years and years in the after- Americans. Senator STABENOW and Senator GRASS- math. Because they cannot get the pre- As the Lewin Group has indicated— LEY who have pulled out all of the ventative services they need, they pick and the report is on our Web site so stops once again to try to bring to- up illnesses, and we are already seeing folks can see it—by redirecting the

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The Senator from Maryland [Ms. MIKUL- continue to say, if you are a high-fly- Andy Stern, the President of the SKI], for Mr. COBURN, proposes an amendment ing CEO, you can go out and get a de- Service Employees Union, points out numbered 3230 to amendment No. 3215. signer smile put on our face and write that the typical worker today changes Ms. MIKULSKI. I ask unanimous the cost of that off your taxes, while a jobs about eight times by the time consent that reading of the amendment woman of modest means at the neigh- they are 35. Let’s come up with a sys- be dispensed with. borhood furniture store, with no em- tem that ensures coverage is portable, The ACTING PRESIDENT pro tem- ployer coverage, gets virtually nothing and that even if you fall on hard times, pore. Without objection, it is so or- out of the Tax Code. So Senator even if you lose your job, even if your dered. STABENOW and Senator GRASSLEY and company goes down, you are in a posi- The amendment is as follows: Senator BENNETT and the other co- tion to take good, quality, affordable (Purpose: To ensure Department of Justice sponsors and I are going to work to re- coverage—with choices like we have in conference spending does not fund exces- direct that Tax Code money to the peo- Congress—with you. sive junkets, lavish meals, or organizations ple in the middle-income brackets and I see a number of colleagues on the linked to terrorism) the lower middle-income brackets so Senate floor. I think I would just like At the appropriate place, insert the fol- we make better use of that money, to wrap up by expressing my apprecia- lowing: which now is well over $200 billion. tion to Senator STABENOW for coming SEC. ll. LIMITATIONS ON FUNDING FOR CER- We are also going to create, in our ef- today. She has appropriately singled TAIN CONFERENCES. fort, significant administrative sav- out Senator GRASSLEY as well. I want Notwithstanding any other provision of ings. We are going to get some, as Sen- to thank all of the members of our coa- this Act, not more than $15,000,000 of all funds made available to the Department of ators STABENOW and WHITEHOUSE and lition. Health reform is a top issue. Ev- Justice under this Act, may be available for others have talked about, through bet- erybody remembers what happened in any expenses related to conferences, includ- ter use of health information tech- 1993 and all of the ads and the shrill ing for conference programs, travel costs, nology. I support that. We are also rhetoric. and related expenses. No funds appropriated going to get the savings, as the Lewin It seemed every time you turned under this Act may be used to support a con- Group reported in looking at our legis- around in 1993, the decibel level went ference sponsored by any organization lation, by making sure that after you up and up. Now what we are seeing, as named as an unindicted co-conspirator by sign up once under the Healthy Ameri- Senator STABENOW touched on, is a the Government in any criminal prosecution. cans Act, you are not going to have to group of Senators coming together on a Ms. MIKULSKI. I ask that the sec- go through a sign-up ever again if you bipartisan basis who want to roll up ond-degree amendment be agreed to. wish. their sleeves, take out a sharp pencil, The ACTING PRESIDENT pro tem- From that point on, everything will and go to work. This is going to be a pore. Is there further debate? If not, work through the world of electronic lot of work. If Senator STABENOW and I the question is on agreeing to the transfers. And all of those folks who got 100 Members of the Senate to be co- amendment. are low income, on Medicaid, who have sponsors of the Healthy Americans Act The amendment (No. 3230) was agreed to dive through all of these different today, it would still be a lot of work to. boxes in order to be eligible, they will because we are going to have to look at Ms. MIKULSKI. Parliamentary in- get choices like Members of Congress a variety of issues and walk the coun- quiry: Did we agree to amendment 3215, have. And once they sign up, they are try through all of these choices, as amended by Coburn, or did we just done. No more dehumanizing, wasteful through hearings and town meetings agree to the Coburn second degree? kinds of programs where you have to and forums, so we can pick up on all of The ACTING PRESIDENT pro tem- sign up again and again and again. And the wisdom and suggestions that are pore. We agreed to the Coburn second you waste money and take dollars that out there across this land. But we are degree. ought to go, as Senator STABENOW has making a very important start. We Ms. MIKULSKI. I now ask that talked about, to make sure that every have received a huge boost this week amendment 3215, as amended by the poor person does not fall between the with the four additional Senators who Coburn amendment, be agreed to. cracks of the American health care have joined us. The ACTING PRESIDENT pro tem- system. To my friend from Michigan, for all pore. Is there further debate? Our coalition is going to be talking a her knowledge and passion and years of If not, the question is on agreeing to fair amount about this effort on the effort, I want her to know how much I amendment No. 3215, as amended. floor of the Senate in the days ahead. am looking forward to teaming up with The amendment (No. 3215), as amend- We now have nine Senators as part of her on this issue in the Finance Com- ed, was agreed to. this effort. We are going to be talking mittee. Mr. SHELBY. I move to reconsider about the ways this proposal modern- I yield the floor. the vote. izes the health system and how we The ACTING PRESIDENT pro tem- Ms. MIKULSKI. I move to lay that make the changes from what we have pore. The Senator from Maryland. motion on the table. today to what we will have in the fu- Ms. MIKULSKI. Mr. President, I ask The motion to lay on the table was ture. unanimous consent that the pending agreed to. One other area that I would like to amendment be laid aside. Ms. MIKULSKI. I suggest the absence just touch on briefly is that I think The ACTING PRESIDENT pro tem- of a quorum. under the Healthy Americans Act we pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- can respond to something that Ameri- dered. pore. The clerk will call the roll. cans are talking about all over this AMENDMENT NO. 3215 The assistant legislative clerk pro- country; that is, making the health Ms. MIKULSKI. We are making slow ceeded to call the roll. care system portable. Right now, so but steady progress. I, therefore, call Mr. CASEY. I ask unanimous consent many folks are pretty much locked in up amendment No. 3215. It is a that the order for the quorum call be their jobs and just hoping that their Mikulski- Shelby amendment. rescinded. employer is not going to find health The ACTING PRESIDENT pro tem- The PRESIDING OFFICER (Mrs. coverage unaffordable in the days pore. The amendment is pending. MCCASKILL). Without objection, it is ahead. AMENDMENT NO. 3230 TO AMENDMENT NO. 3215 so ordered. I cannot tell you how many times Ms. MIKULSKI. I also call up a sec- Mr. CASEY. I ask unanimous consent people in their late fifties have come to ond-degree amendment offered by Sen- to speak as in morning business.

VerDate Aug 31 2005 01:34 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.022 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12718 CONGRESSIONAL RECORD — SENATE October 4, 2007 The PRESIDING OFFICER. Without cations, we must always distinguish spectors and operate these 3,000 cen- objection, it is so ordered. between the oppressive clerical regime trifuges around the clock, it could IRAN and the Iranian people. produce sufficient fissile material for Mr. CASEY. Madam President, I rise The mullahs in Tehran would love one nuclear warhead within a year. to speak on the challenge posed by Iran nothing more than a perception that An armed Iran that has a nuclear to our national security and the inter- the United States, and the broader weapon or nuclear weapons would be ests of our friends and allies, how the West, by extension, is hostile toward emboldened to intimidate its neigh- United States should best address the Iran itself. It would spark an instant bors, export Islamic extremism challenge posed by Iran and its leader boost in popularity for the regime. Ac- throughout the region, and deter the Ahmadi-Nejad. cordingly, any U.S. policy to diffuse United States and others from defend- This has been much in the news late- Iran’s nuclear program and halt its ing their core interests. A regime with ly. The Iranian President visited New support for extremist groups elsewhere leaders who have openly called for the York to the United Nations general as- must be undertaken in a careful fash- destruction of the State of Israel by sembly last week and delivered a con- ion, emphasizing that our quarrel lies ‘‘wiping it’’ off the face of the Earth troversial address at Columbia Univer- with the clerical regime, not the people cannot be allowed to possess the means sity. During the very same week, the of Iran. to achieve that goal. Furthermore, we Senate approved a resolution con- Let me first address Iran’s nuclear cannot abide the risk, however small, demning Iranian activity that helped program. The Iranian regime has for- that a nuclear Iran may one day decide destabilize Iraq and called upon the ad- feited the goodwill of the international to share its nuclear technology and ministration to take actions to deter community by engaging in a secret material with a client terrorist group future Iranian meddling in Iraq and program over the past two decades to such as Hamas or Hezbollah. other places. It is no surprise that the develop the key components of a nu- Iran’s nuclear program also poses a debate over how to handle Iran occurs clear fuel cycle—uranium enrichment genuine danger to the future of the nu- very much in the shadow of the Iraq and plutonium reprocessing. These ac- clear nonproliferation treaty, so-called war. tivities can constitute the elements of NPT, an agreement that has helped Five years ago, Congress voted to a peaceful civilian nuclear program, prevent the nightmare vision of Presi- give the President the authorization to but the nuclear nonproliferation treaty dent Kennedy of a world with 20 nu- go to war against Saddam Hussein to which Iran is a signatory requires clear powers from coming to fruition. based upon Iraq’s alleged weapons of that nations fully disclose such activi- The NPT is based upon a fundamental mass destruction programs. The shock- ties in an open and transparent fash- premise. A nonnuclear weapon state is ing failure to uncover those so-called ion. That Iran went to such lengths to entitled to a civilian nuclear program WMD programs and the fatally flawed conceal its activities and continues in exchange for committing to manner in which the President took today to refuse to provide a full ac- verification and inspections to ensure our Nation to war must weigh upon all counting of the history of this program it does not produce nuclear weapons. of us now as we debate the right course leads a reasonable observer to suspect Yet Iran threatens to demonstrate a of action against Iran. that the program was intended not just backdoor option for future nuclear as- Let me be clear from the outset: for a civilian nuclear program but also pirants. Here is what it is: build a civil- Through its refusal to halt prohibited to enable the production of fissile ma- ian program, with a complete nuclear nuclear activities in the face of mul- terial for nuclear weapons. fuel cycle, in open view to acquire the tiple United Nations resolutions, its This crisis came to a head in 2003, basic knowledge to produce nuclear support for extremist groups across the when reports from an Iranian exile fissile material. region, and its harsh crackdown in re- group prompted the International After achieving that goal, a nation cent months on human rights and civil Atomic Energy Agency, IAEA, the U.N. can then withdraw from the NPT and, society leaders, the Government of nuclear watchdog, to open an inves- utilizing the knowledge gained from its Iran has demonstrated why it should be tigation. Despite initial efforts by an civilian program, build nuclear weap- isolated from the international com- alliance of European powers to per- ons. This so-called virtual nuclear munity. The United States must take suade Iran to come clean with the weapon threatens to undermine the the lead in a concerted campaign to co- IAEA, Tehran continued to work on its NPT and lead to a world where mul- erce Iran into changing course, draw- uranium enrichment program, spurn- tiple states are poised on the thin line ing upon all facets of American power, ing offers of economic and trade bene- between civilian nuclear power and in close coordination with friends and fits. weapons programs. For that reason, allies. We must always remember that Last year the United Nations Secu- the international community must while the Iranian Government may be rity Council took action, passing an demonstrate a united front to compel hostile to our interests and values, it initial resolution calling upon Iran to Iran away from that path through dip- does not speak for the Iranian people. suspend all uranium enrichment activi- lomatic and economic pressure. While the Iranian clerical regime, in ties. Iran ignored that resolution. The The threat posed by an Iranian nu- power since the 1979 resolution, has re- Security Council passed two successive clear weapon is very real. However, we mained reliably anti-American, the resolutions imposing a set of limited cannot afford to panic and blindly ac- Iranian people, led by a younger gen- sanctions. Yet again, the Iranian re- cept worst-case scenarios, as we did eration born after the traumatic events gime chose to ignore a clear message with Iraq to such tragic ends. Iran has of the last 1970s, are remarkably open from the international community. made great strides in its nuclear pro- to American ideals. Two-thirds of the Today the United States is in talks gram over the past 3 years, but it must Iranian population is below the age of with other U.N. Security Council mem- do much more if it seeks a nuclear 30. These Iranians view the United bers on a third and potentially more weapon. We do not know to what ex- States as a potential friend, not as an far-ranging round of sanctions. To its tent those Iranian centrifuges already implacable enemy. credit, the Bush administration has produced are operationally active and Few Americans remember that a can- made very clear to Iran that the whether they have been linked to- dlelight vigil was spontaneously orga- United States is willing to join a com- gether in a required ‘‘enriched cas- nized in Tehran shortly following the 9/ prehensive dialog with Iran and the so- cade.’’ We do not know whether the 11 attacks, attended by thousands of called EU–3 nations—meaning the Iranian regime has begun work on war- ordinary Iranians to honor the memory United Kingdom, France, and Ger- head design so any highly enriched ura- of those who perished in those terrible many—once Iran verifiably suspends nium that may eventually be produced attacks. I can think of no other Mus- its uranium enrichment activities. Iran can be fabricated into an actual nu- lim nation where such a public expres- has refused to do so, and so it is on clear weapon. sion of sympathy and solidarity pace to operate as many as 3,000 ura- It is those uncertainties, and the rec- emerged in the grief- stricken days fol- nium centrifuges by the end of the ognition that any ‘‘crash program’’ to lowing September 11. So in articulating year. Under a worst-case estimate, if build a nuclear weapon will encounter our response to Iran’s recent provo- Iran were to eject all international in- inevitable difficulties, that explain

VerDate Aug 31 2005 01:34 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.025 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12719 why our intelligence community has The administration in Washington, at the international level, with sanc- judged that Iran is not likely—not supported by our military leadership, tions imposed by the Security Council likely—to acquire a nuclear weapon has alleged that the Iranian Govern- and key officials linked to the nuclear until the early to middle part of the ment has directly supplied insurgent program prohibited from international next decade. This conclusion is spelled groups in Iraq with mortars, rocket- travel. out in the most recent National Intel- propelled grenades, and, most dan- Now it is time for the United States ligence Estimate. gerous of all, the explosive formed to further isolate Iran diplomatically. Based upon what the International penetrators that have served as the Washington can encourage other na- Atomic Energy Agency has been re- most lethal of roadside bombs killing tions to avoid contact with Mr. porting with regard to the Iranian nu- American troops. Ahmadi-Nejad, who should be shunned clear program, and what our own intel- The evidence the administration has first and foremost for his noxious anti- ligence community is telling us, we provided—serial numbers on the weap- Semitic remarks. The United States have time—we have time—to resolve ons linking them to Iranian sources should propose, as one element—as one this very complex, serious challenge. and eyewitness testimony—is compel- element—of the next sanctions resolu- That does not mean we have the luxury ling. It remains unclear to what degree tion, to impose a complete prohibition to relax or postpone difficult choices, this assistance has proceeded with the on arms exports to Iran. To the extent but, rather, that we can exercise a me- direct knowledge of Iran’s senior ruling we can make a clear linkage between thodical approach that gradually esca- leadership. Regardless, the Iranian Iran’s defiance on its nuclear program lates the diplomatic and economic Government must be held responsible and its further diplomatic isolation, pressure against Iran in a unified man- for all activities—all activities—ema- more and more Iranians, including in- ner. nating from its territory or carried out fluential officials in the Government We must present a very clear choice by its agents. Iran must work with the and military, will question the wisdom to the Iranian regime—it is this—one United States and the international of proceeding with its nuclear program. that will be visible to the people of community in supporting a stable Iraq Second, the United States should Iran: End all illicit nuclear activities, and deemphasizing sectarian conflict take action in concert with other na- come back into compliance with IAEA tions to apply substantial pressure on safeguards, and provide full trans- there. The question that we, as Senators, Iran’s energy sector. Although Iran parency. That is one choice. In return, must answer is how best to persuade boasts the world’s second largest oil re- the United States and our European and, if necessary, compel Iran to serves, its oil production has been fall- partners will be prepared to return to change its behavior both in terms of its ing in recent years, as its oilfields suf- the table and discuss potential eco- nuclear program and its support for ex- fer from a lack of investment. More nomic and trade benefits. If Iran choos- tremist groups. What are the tools importantly, as Iran’s population con- es the path of continued defiance—the tinues to grow by a half a million peo- path they have been on—we must show available to us to persuade Iran that ple every year, demand for oil and that the international community is its current course of action will only prepared to deny Iran the benefits of further isolate it from the inter- other energy resources is beginning to the global economy, including trade in national community? How can we pro- outstrip domestic supply. Iran will key energy products, facilitation of es- mote fissures inside the Iranian regime soon be forced to confront a choice be- sential financial transactions, and in- between the hard-line elements associ- tween diverting petroleum exports to vestment in key economic sectors. ated with President Ahmadi-Nejad and its domestic needs, thus surrendering Iran’s nuclear program is not the more pragmatic figures? much needed foreign currency, or fac- only threat that emanates from Tehran I believe the United States should ing increasing shortages at home. today. Just as critical is Iran’s ongoing implement a strategy of containment There are concrete steps the Con- support for extremist movements to deny the Iranian regime any bene- gress can take. S. 970, the Iran across the region, ranging from Hamas fits from its nuclear program and sup- Counter-Proliferation Act of 2007, of in the Gaza Strip and Hezbollah in Leb- port for extremist forces, while laying which I am proud to serve as a cospon- anon to Shiite militia forces in Iraq. out potential—potential—incentives if sor, would close existing loopholes in Unfortunately, Iran’s leadership today and when the regime changes its be- the Iran Sanctions Act that currently has made the strategic decision to sup- havior. Let me be clear: Military force allows subsidiaries of multinational port these forces, promoting chaos and is always an option, but it is not an op- firms to escape U.S. sanctions when instability across the Middle East. tion that makes sense under the cur- they invest in Iran’s energy sector. I The Iranian Government has placed rent circumstances. agree with Representative TOM LAN- itself on the side of those who are un- Instead, the United States should TOS, who has pushed forward similar dermining democratically elected gov- pursue a three-pronged strategy legislation on the House side, when he ernments, fomenting violence and an- against Iran’s nuclear program and its says the ultimate U.S. goal should be archy, and contributing to attacks support for extremist groups. zero—zero—foreign investment in against U.S. forces. So long as the Ira- First, the United States should con- Iran’s energy sector until it changes nian Government continues to bankroll tinue its campaign to diplomatically course on its nuclear program. and supply weapons to terrorist groups isolate Iran at the United Nations Se- Iran exhibits a particular vulnerabil- and insurgent militias, we cannot ex- curity Council. The Security Council ity when it comes to gasoline. It is still pect any semblance of constructive di- has condemned Iran’s evasion and de- suffering from the after effects of the alog between Tehran and Washington. ceit of the IAEA and called on Iran, in Iran-Iraq war of the 1980s, when much The evidence surrounding Iranian in- order to restore the world’s confidence of Iran’s capacity to refine gasoline volvement in Iraq is particularly dis- in the ostensibly peaceful aims of its was destroyed. In recent years, U.S. turbing. Iran has interests in Iraq. We nuclear program, to halt all work—to sanctions have limited the ability of know that. The Shiite majority that halt all work—on its uranium enrich- Iran to rebuild its refining capacity now has power for the first time in Iraq ment and plutonium reprocessing ac- through foreign investment. Accord- shares vast cultural, religious, and po- tivities. ingly, Iran is forced to import as much litical links with the Iranian people. While some may view that action as as 40 percent—40 percent—of its annual However, Iran and Iraq are two dif- insignificant, it is important to re- consumption of refined gasoline, de- ferent nations, and the Shiite popu- member that Iran never expected Rus- spite its vast oil riches. lation in Iraq does not and should not sia or China—its two primary bene- This imbalance between supply and serve as a proxy for the mullahs in factors—to sign onto such resolutions. demand for refined gasoline is exacer- Tehran. When the Iranian Government Yet the State Department has care- bated by Iran’s practice of subsidizing provides weapons and financing to sec- fully brought along Moscow and Bei- gasoline prices for its citizens, which tarian militias battling other Iraqis as jing at every step so that the inter- only artificially boosts demand. Today, well as U.S. forces in Iraq, it is only ex- national community is speaking in a Iran ensures that refined gasoline is acerbating the violence that currently united voice to Tehran. Today, the Ira- available to Iranian citizens at the sub- plagues Iraq. nian regime is viewed as a pariah state sidized price of 38 cents per gallon. It is

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Laying out a credible choice to decision produced a backlash in the Iranian that they are the ones who pay the Iranian regime represents our best country, with more than 50 a price for the unwise decisions of the hope for defusing the crisis over Iran’s petrostations in Iran burned to the Iranian regime—which will only serve nuclear program and persuading Iran ground by angry mobs and plummeting to heighten domestic unrest and dis- to end its support for antidemocratic support for the Iranian President, who satisfaction with the regime’s current groups throughout the Middle East. largely ascended to power in 2005 on course. The tentative success achieved in the basis of his promise to improve It is for this reason I am so pleased North Korea gives us a model for which Iran’s economy. to cosponsor the Iran Sanctions Ena- to aspire. During the President’s first Iran’s growing shortages of refined bling Act, introduced by my colleagues term, his administration raised the de- gasoline is a golden opportunity for the Senators OBAMA and BROWNBACK. This sirability of regime change in international community as it tightens legislation would call upon the Treas- Pyongyang at every opportunity. Since the screws on Iran’s leadership. ury Department to publicly identify all 2005, under the leadership of Assistant The average Iranian will question companies that invest in a minimum Secretary Chris Hill, the United States why Iran’s leadership continues to pur- level of funds in the Iranian economy, has substituted patient diplomacy for sue an illicit nuclear program at the giving pension funds and individual in- fiery rhetoric and we may finally cost of gasoline shortages and eco- vestors an informed choice on whether achieve real success in containing and nomic unrest. For that reason, I am to continue to direct funds to those rolling back North Korea’s nuclear pro- working on legislation to expand the firms that do business with Iran. In ad- gram. scope of the Iran Sanctions Act to dition, the legislation would grant un- Iran today represents one of the crack down on all foreign exports of re- fettered legal authority to State and greatest national security challenges fined gasoline products to Iran until local governments to divest their in- to the United States. It is incumbent the leadership there changes course on vestment holdings of any such firms that we respond to this threat with its nuclear program. that do business in Iran. If the State of hardheaded diplomacy and an appro- I wish to now go to the third and Pennsylvania, for example, wishes to priate set of financial sanctions to final pillar of a comprehensive U.S. wash its hands clean of any firms that squeeze the Iranian economy, putting strategy to coerce Iran into ending its directly or indirectly support Iran’s aside for now ill-advised talk of hasty defiance of the international commu- pursuit of a nuclear program, this leg- military action. Iran’s leaders must be nity. islation ensures that it can do so free presented with a fundamental choice: Ms. MIKULSKI. Madam President, from any lawsuits. end your defiance of the international will the Senator yield for a moment? I wish to conclude this statement by community or face growing isolation. Mr. CASEY. Yes. briefly discussing what we should not I think we have an opportunity to get Ms. MIKULSKI. How much longer do. If we are to convince the Iranian re- this policy right, but this will require does the Senator intend to talk? We gime that a nuclear weapons program bipartisan work. It will require co- know the Senator from Wisconsin and support for extremist groups are operation in this body and the other needs to talk, and we need to clear not in their best interests, then we body, and it will require the adminis- some of our amendments and get ready should strive to remove any plausible tration to work with the Congress to for a NASA amendment. Of course we excuse they have for engaging in such get this policy right. We cannot afford want the Senator to finish his third behavior. That means the United to get our Iranian policy wrong and pillar. States should de-emphasize the threat make the same mistakes we made— 1 Mr. CASEY. If I could have about 3 ⁄2 of regime change. When people associ- this country made—leading up to the to 4 more minutes. ated with the Vice President drop hints war in Iraq. So for that reason and all Ms. MIKULSKI. If the Senator could on their desire to overthrow the Ira- of the reasons I outlined in my state- contain his remarks, it would be useful nian regime and the advantages of ment, it is imperative that we do this to us. using military force, they only rein- carefully and thoughtfully to get this Mr. CASEY. I thank the Senator. force a strong nationalist streak with- policy right, to prevent Iran from ob- The third pillar, just like the first in Iran and serve to rally the Iranian taining nuclear capability which two, should be to take prudent steps in people around an otherwise unpopular threatens the Middle East and threat- this strategy. government. ens the United States and threatens The third and final pillar of a com- The Iranian people rightly aspire for the entire world. prehensive U.S. strategy to coerce Iran democratic change. To the extent that Madam President, I yield the floor. into ending its defiance of the inter- the U.S. Government can support such Ms. MIKULSKI. Madam President, I national community is to lay the aspirations in an effective manner, we ask that the pending Inouye amend- groundwork for financial sanctions should do so through quiet assistance ment be set aside. that make it increasingly difficult for to forces promoting civil society and The PRESIDING OFFICER. Without Iranian companies and banks to do the rule of law inside Iran. People-to- objection, it is so ordered. business with the global economy. The people exchanges can help bring young steps taken by the Treasury Depart- Iranians to the United States and dem- AMENDMENT NO. 3213, AS MODIFIED ment under the leadership of Secretary onstrate the benefits of a democratic Ms. MIKULSKI. Mr. President, I call Paulson and his deputy, Stuart Levey, culture and a government informed by up amendment No. 3213, as modified, by are a good first step. Utilizing existing the consent of the people. Credible pub- Senator DOMENICI of New Mexico and U.S. law, such as the PATRIOT Act, the lic diplomacy, including the trans- ask for its immediate consideration. Treasury Department has convinced a mission of accurate and unbiased news The PRESIDING OFFICER (Mr. series of major financial institutions in into Iran, is another necessary pillar. SALAZAR). The clerk will report. Western Europe and Asia to suspend But, as Iraq has so painfully taught us, The legislative clerk read as follows: business with Iranian financial institu- imposing democracy at the spear of The Senator from Maryland [Ms. MIKUL- tions such as Bank Saderat and Bank bayonet is not a realistic option, espe- SKI], for Mr. DOMENICI, proposes an amend- Sepah by cutting off the access of these cially when our military is already so ment numbered 3213, as modified. institutions to the U.S. financial sys- overstretched. Ms. MIKULSKI. Mr. President, I ask tem. The United States can pursue So the United States should talk less unanimous consent that the reading of these measures outside the United Na- about regime change and talk more the amendment be dispensed with. tions Security Council, as they involve about behavior change when it comes The PRESIDING OFFICER. Without U.S. laws and regulations. As a result, to Iran. We should make clear that objection, it is so ordered. Iranian firms are increasingly forced to Washington is prepared to engage an The amendment is as follows:

VerDate Aug 31 2005 01:34 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.028 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12721 AMENDMENT NO. 3213, AS MODIFIED cused on humanitarian tragedies and There is no easy solution to the rap- At the appropriate place, insert the fol- grave violence we are depicting a con- idly unfolding conflict in the restive lowing: tinent caught in a downward spiral, east, but it is clear that the underlying SEC. ll. DEPUTY UNITED STATES MARSHALS. which offers little motivation for long- drivers for this continued violence (a) INCREASE POSITIONS.—In each of the fis- term U.S. engagement. Funding relief must be addressed at the same time cal years 2008 through 2012, the Attorney efforts in response to crises—while an that the more immediate emergency General, subject to the availability of appro- important element of U.S. policy—does needs are dealt with. priations, may increase by not less than 50 not address fundamental issues such as On my trip, I visited a camp for in- the number of positions for full-time active duty Deputy United States Marshals as- the development of democratic institu- ternally displaced in eastern DRC. One signed to work on immigration-related mat- tions and civil society, good govern- Congolese man, living in a camp nes- ters, including transporting prisoners and ance, security and justice sector re- tled in the rolling hills outside Goma working in Federal courthouses. form, and regional security arrange- spoke for many others when he told (b) AUTHORIZATION OF APPROPRIATIONS.— ments. We must provide more focus on me: We want to restart our normal ag- There are authorized to be appropriated to these underlying concerns—and to do ricultural work and resume our lives. the Attorney General such sums as may be so requires consistent, long-term en- We want it to be stable enough so we necessary for each of the fiscal years 2008 gagement, collaboration, and commit- can do that. through 2012 to carry out subsection (a). ment from national governments, re- I met with a group of displaced Con- Ms. MIKULSKI. Mr. President, this gional and international organizations golese women who had been sexually amendment has been cleared on both and, of course, bilateral donors like the abused and in many cases raped. Ex- sides of the aisle, and as an act of re- United States. treme sexual violence and rape in the spect for our colleague, I ask for its im- Sporadic engagement that is devoid DRC is so pervasive because it is com- mediate adoption. of a long- term strategy is like sticking mitted by all actors and with little The PRESIDING OFFICER. Is there a band aid on a gaping wound instead consequence. Sadly, afraid I am afraid further debate? If not, the question is of taking a trip to the hospital. The it is not getting any better. Just 2 days on agreeing to the amendment. abundant potential that exists in so after I left, tens of thousands more ci- The amendment (No. 3213), as modi- many parts of Africa, and which the vilians were forced to flee their homes fied, was agreed to. United States and others should be because of renewed fighting between Mr. SHELBY. Mr. President, I move more actively promoting, is being the Congolese army and dissident Gen- to reconsider the vote. stalled or even undermined by our eral Laurent Nkunda’s rebel forces, Ms. MIKULSKI. I move to lay that quick-fix approach to problem-solving whose ammunition, weapons, and fight- motion on the table. on the continent. Without identifying ers are likely supplied by Rwanda. The motion to lay on the table was and developing the possibilities for In early September, U.N. peace- agreed to. more serious engagement, we may end keepers secured an informal, and I Ms. MIKULSKI. Mr. President, we up doing more harm than good. might add, already violated truce be- are continuing to clear our amend- At the end of our August recess I tween the government and a main rebel ments, and at or about 2 o’clock, we traveled to the Democratic Republic of leader. The U.N. Security Council has will begin our debate on the NASA Congo and Uganda, two countries that appealed for more dialogue between the amendment, which we expect will take have made impressive gains since I was two warring parties but this appeal roughly about 2 hours. At the conclu- last there 7 years ago. But today I want needs to be significantly amplified and sion of that, we want Senators who to talk about the Democratic Republic backed by incentives for peace. Neigh- have amendments to have either of Congo primarily, because the situa- boring countries—and particularly brought them over for consideration, tion is gravely deteriorating and ur- Rwanda—need to be part of this con- to have either worked with us to clear gent steps much be taken to stop it versation, to ensure the current situa- the amendments, to be either offering from devolving further and threatening tion does not worsen while also effec- the amendments or withdrawing the the region writ large. tively addressing longstanding regional amendments, so that we can meet our Last year’s historic elections in the tensions. goal to be done in the early evening. DRC injected hopeful momentum into In contrast, on a recent trip to Ugan- We believe we can meet that goal with the war-torn country, thanks in large da, the U.S. Assistant Secretary for Af- cooperation. We are in the business of part to generous funding from the U.S. rican Affairs signaled that the U.S. clearing amendments. We hope to have and others and with critical support would support regional efforts for a several cleared before we begin the from a strong United Nations peace- more militarized policy towards all NASA debate, which we expect to be keeping mission—the largest in fact in rebel groups. In fact Assistant Sec- extensive. the world. During my visit, however, I retary Frazer said: We feel we have the I note the Senator from Wisconsin was troubled to learn of the new gov- basis to assist in efforts to mop up the wants to speak at this time. I am going ernment’s failure to consolidate and LRA and to get them out of Congo, out to need about 10 or 15 minutes to actu- build upon this historic progress. A of Garamba Park. And so we will not ally do the work of the bill. I under- lack of capacity, political will, and sit still and just let them live in stand both of my colleagues wish to democratic experience is reversing Garamba Park and cultivate land and speak. I am more than happy to co- early gains and increasingly desta- kill animals. This is not the time to operate, but at about 10 of 2, we have to bilizing an already fragile political sit- start talking about our support for a move to cleared amendments. uation. The local population is growing military solution to these conflicts. The PRESIDING OFFICER. The Sen- disenchanted with the government’s in- Instead, we should seek to build upon ator from Wisconsin is recognized. ability to follow through on its elec- current diplomatic initiatives—both in DEMOCRATIC REPUBLIC OF CONGO tion promises as decisions on key the region as well as at New York last Mr. FEINGOLD. Mr. President, it is issues—including those on decen- week at the opening of the U.N. Gen- no secret that Africa has not been high tralization and the illegal exploitation eral Assembly. on Congress’s priority list historically. of natural resources—are slow-rolled. We should work to expand existing This is due to a number of reasons in- One of the first promises President forums such as the Tripartite Plus cluding that African issues have not Kabila made after his election was to Commission to become genuine oppor- generated the same kind of public pas- restore order in the war-ravaged prov- tunities for political solutions. The sion and constituent attention as clos- inces of his country. But violence in United States, a proud champion of er-to-home subjects like health care or eastern DRC has only gotten worse in building strong and independent insti- education. But this is beginning to recent months, not better. More than tutions that create the space for lively change. Interest in Africa is at its 120,000 people—many of whom voted in debate and discussion, should be advo- highest level in recent memory—per- favor of Kabila—have been forced from cating for enriched dialogue and diplo- haps ever. their homes because of increased fight- macy to address the entrenched prob- I am concerned, however, that be- ing, with little attention or assistance lems that have allowed these conflicts cause the bulk of this attention is fo- from the capital. to fester—or worsen. We should not be

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The Great Lakes region is at a crit- process; we need to see the same thing I am happy to report we are getting ical moment in its history and we run for eastern Congo. momentum here and are clearing our the risk of contributing to events that Third, we need to significantly aug- amendments. We have some right now could have far-reaching and long-term ment U.S. government efforts in the re- that I wish to clear. In a few minutes, repercussions if we do not engage re- gion. The U.S. government needs to be we will be going to the NASA amend- sponsibly. With its vast resources, the fully engaged to bring about stability ment. DRC could be an anchor of stability in in eastern Congo and to establish con- Mr. President, I thank everybody on an area that has been plagued by vio- ditions for a sustainable peace both sides of the aisle, and especially lence and destructive activity for dec- throughout the region. The dearth of Senator SHELBY and his team for being ades. The changing nature of global U.S. personnel in the DRC means we great in helping us with this. Many threats could render sub-Saharan Afri- have little choice but to outsource our Senators are being cooperative. ca—and the Great Lakes region in par- diplomacy to others, which should not AMENDMENT NO. 3222 ticular—ripe for exploitation by any become the norm. In the face of a Ms. MIKULSKI. Mr. President, I call number of rogue actors. We can stop steadily increasing conflict that could up amendment No. 3222 by Senator this before it begins if we work to en- ignite tensions throughout the region, LANDRIEU and ask for its immediate sure stability for the long term. we should be looking to robustly in- consideration. Our National Security Strategy crease our on-the-ground presence be- The PRESIDING OFFICER. Without states: fore it is too late. objection, the pending amendment is We will work with others for an African It is the grim truth that our mission set aside. continent that lives in liberty, peace, and in Kinshasa is not equipped to handle The clerk will report. growing prosperity. the looming instability in the east and The legislative clerk read as follows: We must help strengthen Africa’s that we are limited in our engagement The Senator from Maryland (Ms. MIKUL- fragile states and help build indigenous because we have no diplomatic pres- SKI) for Ms. LANDRIEU, proposes an amend- capability secure porous border. ence in the conflict-affected areas. ment numbered 3222. I know the United States has many I do not wish to insinuate that this is Ms. MIKULSKI. I ask unanimous priorities that compete for attention due to lack of interest, concern, or consent that reading of the amendment and resources, but if done right, and as dedication from the committed em- be dispensed with. part of a comprehensive long-term bassy team we have on the ground in The PRESIDING OFFICER. Without strategy, a little can go a long way to- Kinshasa. On the contrary, I got to objection, it is so ordered. wards achieving these lofty goals in Af- know those individuals on my recent The amendment is as follows: rica. The United States should increase visit and was very impressed with both engagement in and expand assistance (Purpose: To provide for hiring additional their capacity and resourcefulness with conciliators for the regional offices of the to the eastern DRC. the limited means available to them. It Community Relations Service of the De- We should work in concert with other is because of this administration’s my- partment of Justice, and for other pur- allies and press all regional govern- opic focus elsewhere that we are not poses) ments—and in particular Rwanda—to adequately able to respond in places On page 35, line 12, insert ‘‘: Provided fur- adopt a renewed focus on a political so- like the Democratic Republic of Congo. ther, That of the amount appropriated under lution for peace. It must be clear that As a first step, the Secretary of State this heading, $2,000,000 shall be used for sala- the United States supports peaceful should dispatch a ‘‘booster’’ team to ries and expenses for hiring additional con- conflict resolution, and that we help prepare the embassy to deal with ciliators for the regional offices of the Com- are not a war-mongering country that the diplomatic, humanitarian, and se- munity Relations Service of the Department prioritizes quick military fixes over curity work needed in order to exercise of Justice: Provided further, That not less more protracted, but also more likely than 3 of the conciliators hired under the our influence and to participate in a preceding proviso shall be employed in re- to be sustainable, political dialogues. broader international effort to prevent gion 6’’ before the period. First, we must increase our support eastern DRC from deteriorating into for the DRC’s security sector reform Ms. MIKULSKI. This amendment has complete chaos. At the same time, we been cleared on both sides. I ask for its initiatives by working with the Congo- need to begin looking at serious infra- lese government to downsize, dis- immediate adoption. structure change that will enable our The PRESIDING OFFICER. The cipline, and further transform its mili- front line diplomats to have the re- tary. The national army must no question is on agreeing to the amend- sources and flexibility they need not ment. longer be allowed to commit grave just in Africa, but throughout the human rights abuses with abandon as The amendment (No. 3222) was agreed world. to. this only contributes to the rampant The United States has much to offer Mr. SHELBY. Mr. President, I move impunity and public legitimacy deficit beyond public statements to ensure to reconsider the vote. indicative of a weak state. Justice sec- that violence in the DRC does not esca- Ms. MIKULSKI. I move to lay that tor reform, within and outside the se- late further and that those who have motion on the table. curity sector, is essential in this re- been displaced can look forward to re- The motion to lay on the table was gard. turning home sooner rather than later. agreed to. Second, while Ambassador Bill Swing We in Congress need to send a strong is doing an incredible job in the DRC as signal that we are not going to turn a AMENDMENT NO. 3210 the Secretary General’s special rep- blind eye to the deteriorating situation Ms. MIKULSKI. Mr. President, I call resentative, we must augment diplo- in the east—or to the administration’s up amendment No. 3210 by Senator matic attention to the east part of the inadequate response. In eastern DRC, BINGAMAN and ask for its immediate country by calling for the appointment as in other parts of Africa, we must consideration. of a U.N. special envoy who will work take steps today to promote political The PRESIDING OFFICER. The in conjunction with the current special solutions that truly address the under- clerk will report. envoy for northern Uganda—former lying causes of conflict, or else we will The legislative clerk read as follows: Mozambique President Chissano. Such be grappling with these vicious crises The Senator from Maryland (Ms. MIKUL- an initiative will jump start a regional for years to come. SKI), for Mr. BINGAMAN, proposes an amend- process for political engagement that Mr. President, I yield the floor. ment numbered 3210. can help to reverse the current deterio- Ms. MIKULSKI. Mr. President, I Ms. MIKULSKI. I ask unanimous ration and work towards resolving compliment the Senator from Wis- consent that reading of the amendment longstanding grievances between a consin on his comments and his com- be dispensed with.

VerDate Aug 31 2005 01:55 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.027 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12723 The PRESIDING OFFICER. Without cleared on both sides. I urge its adop- Ms. MIKULSKI. Mr. President, many objection, it is so ordered. tion. of our colleagues have filed amend- The amendment is as follows: The PRESIDING OFFICER. The ments. I want to soon recognize the (Purpose: To conduct a study regarding question is on agreeing to the amend- Senator from North Dakota who, I investments in intangible assets) ment, as modified. know, wants to speak on a tribal issue. On page 26, after line 24, add the following: The amendment (No. 3210), as modi- First, I suggest the absence of a SEC. 114. INTANGIBLE ASSETS INVESTMENT fied, was agreed to. quorum. STUDY. Mr. SHELBY. Mr. President, I move The PRESIDING OFFICER. The (a) IN GENERAL.—Not later than 60 days to reconsider the vote. clerk will call the roll. after the date of the enactment of this Act, Ms. MIKULSKI. I move to lay that The legislative clerk proceeded to the Director of the Bureau of Economic motion on the table. call the roll. Analysis of the Department of Commerce The motion to lay on the table was Ms. MIKULSKI. Mr. President, I ask shall enter into an agreement with the Coun- agreed to. unanimous consent that the order for cil of the National Academy of Sciences to AMENDMENT NO. 3219 the quorum call be rescinded. conduct a study, which shall— The PRESIDING OFFICER. Without (1) recommend steps to improve the meas- Ms. MIKULSKI. Mr. President, the urement of intangible assets and their incor- last amendment I have cleared is objection, it is so ordered. poration in the National Income and Product amendment No. 3219 by Senator MUR- AMENDMENT NO. 3250 Accounts; RAY. I ask for its immediate consider- Ms. MIKULSKI. Mr. President, I call (2) identify and estimate the size of the ation. up an amendment which is at the desk Federal Government’s investment in intan- The PRESIDING OFFICER. The relating to the National Aeronautics gible assets; clerk will report. and Space Administration. (3) survey other countries’ efforts to meas- The PRESIDING OFFICER. The ure and promote investments in intangible The legislative clerk read as follows: The Senator from Maryland (Ms. MIKUL- clerk will report. assets; and The legislative clerk read as follows: (4) recommend policies to accelerate pri- SKI), for Mrs. MURRAY, proposes an amend- vate and public investment in the types of ment numbered 3219. The Senator from Maryland (Ms. MIKUL- intangible assets most likely to contribute Ms. MIKULSKI. I ask unanimous SKI), for herself, Mrs. HUTCHISON, Mr. SHEL- to economic growth. consent that reading of the amendment BY, Ms. LANDRIEU, Mr. NELSON of Florida, Mr. MARTINEZ, Mr. SALAZAR, Mr. LIEBERMAN, (b) COMPLETION.—The National Academy of be dispensed with. Sciences shall complete the study described Mr. BENNETT, Mr. VITTER, Mrs. CLINTON, and The PRESIDING OFFICER. Without Mr. BROWN, proposes an amendment num- in subsection (a) not later than 18 months objection, it is so ordered. after the date on which the agreement de- bered 3250. scribed in subsection (a) was signed. The amendment is as follows: Ms. MIKULSKI. Mr. President, I ask (c) FUNDING.—From the funds appropriated (Purpose: To ensure FBI work force is prop- unanimous consent that reading of the for economic and statistical analysis under erly allocated to meet the FBI’s mission amendment be dispensed with. this title, the Secretary of Commerce shall requirements and priorities) The PRESIDING OFFICER. Without set aside sufficient amounts to complete the On page 37, line 14, strike the period and objection, it is so ordered. study described in subsection (a). insert ‘‘: Provided further, That not later The amendment is as follows: than 60 days after the enactment of this Act, AMENDMENT NO. 3210, AS MODIFIED (Purpose: To provide necessary expenses for the Director of the FBI shall submit to the Ms. MIKULSKI. Mr. President, I send return to flight activities associated with Committee on Appropriations of each House the space shuttle and to provide that fund- a modification of the amendment to a report that evaluates the FBI’s current ing for such expenses is designated as the desk. work force allocation and assesses the right- emergency spending) The PRESIDING OFFICER. Without sizing and realignment of agents, analysts objection, the amendment is so modi- and support personnel currently in field of- On page 74, between lines 4 and 5, insert fied. fices to better meet the FBI’s mission re- the following: The amendment, as modified, is as quirements and priorities.’’. RETURN TO FLIGHT follows: AMENDMENT NO. 3219, AS MODIFIED For necessary expenses, not otherwise pro- vided for, in carrying out return to flight ac- On page 26, after line 24, add the following: Ms. MIKULSKI. Mr. President, I send a modification to the desk. tivities associated with the space shuttle and SEC. 114. INTANGIBLE ASSETS INVESTMENT activities from which funds were transferred STUDY. The PRESIDING OFFICER. Without to accommodate return to flight activities, (a) IN GENERAL.—Not later than 60 days objection, the amendment is so modi- $1,000,000,000 to remain available until ex- after the date of the enactment of this Act, fied. pended with such sums as determined by the the Director of the Bureau of Economic The amendment, as modified, is as Administrator of the National Aeronautics Analysis of the Department of Commerce follows: and Space Administration as available for shall enter into an agreement with the Coun- On page 37, line 14, strike the period and transfer to ‘‘Exploration Capabilities’’ and cil of the National Academy of Sciences to ‘‘Science, Aeronautics, And Exploration’’ for conduct a study, which shall— insert ‘‘: Provided further, That not later than 60 days after the enactment of this Act, restoration of funds previously reallocated (1) recommend steps to improve the meas- to meet return to flight activities: Provided, urement of intangible assets and their incor- the Director of the FBI shall submit to the Committee on Appropriations and the Com- That the amount provided under this head- poration in the National Income and Product ing is designated as an emergency require- Accounts; mittee on the Judiciary of each House a re- port that evaluates the FBI’s current work ment and necessary to meet emergency (2) identify and estimate the size of the needs pursuant to subsections (a) and (b) of Federal Government’s investment in intan- force allocation and assesses the right-sizing and realignment of agents, analysts and sup- section 204 of S. Con. Res. 21 (110th Con- gible assets; gress). (3) survey other countries’ efforts to meas- port personnel currently in field offices to ure and promote investments in intangible better meet the FBI’s mission requirements Ms. MIKULSKI. Mr. President, this assets; and and priorities.’’. amendment has got a rollcall of co- (4) recommend policies to accelerate pri- Ms. MIKULSKI. Mr. President, this sponsors. Of course, it is cosponsored vate and public investment in the types of amendment, as modified, has been by my very able ranking member, Sen- intangible assets most likely to contribute cleared on both sides of the aisle. I ask ator SHELBY; Senator HUTCHISON of to economic growth. for its immediate adoption. Texas, another strong advocate of (b) COMPLETION.—The National Academy of The PRESIDING OFFICER. The space and one of the original archi- Sciences shall complete the study described question is on agreeing to the amend- tects; Senator LANDRIEU of Louisiana; in subsection (a) not later than 18 months after the date on which the agreement de- ment. NELSON and MARTINEZ of Florida—NEL- scribed in subsection (a) was signed. The amendment (No. 3219), as modi- SON is an astronaut—SALAZAR of Colo- (c) FUNDING.—From the funds appropriated fied, was agreed to. rado; LIEBERMAN; and strong bipartisan for economic and statistical analysis under Ms. SHELBY. Mr. President, I move support from Senators BENNETT and this title, the Secretary of Commerce may to reconsider the vote. VITTER. Senator CLINTON of New York set aside sufficient amounts to complete the Ms. MIKULSKI. I move to lay that is included, as well as Senator BROWN study described in subsection (a). motion on the table. of Ohio. Ms. MIKULSKI. Mr. President, this The motion to lay on the table was This amendment will increase fund- amendment, as modified, has been agreed to. ing for NASA. It is unique and historic

VerDate Aug 31 2005 01:55 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.053 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12724 CONGRESSIONAL RECORD — SENATE October 4, 2007 that we offer this amendment right at logical solutions, and management rec- important national goals which were this minute. This is the 50th anniver- ommendations. It was a great report set by our President to lay the ground- sary of Sputnik. Fifty years ago, that and it was expensive, and do you know work for space exploration to Mars. 180-pound piece of round metal went what. It was worth it. Is the shuttle But if we are going to do that, I believe into space and changed the destiny of flying safely today? You bet it is, and we have the national will to do that, I mankind. When Sputnik went up, we we are all thankful. believe we need the national wallet to didn’t know what the intent of the At the same time, though, the shut- do that. Russians was, but a wonderful Repub- tle has become more expensive to So 50 years after the birth of our lican President by the name of Eisen- maintain and fly safely. The shuttle is great Apollo Program, we need to hower knew we had to get into the a bit old. It has been hit by unforeseen make sure we keep our commitment to space race. We have been in it ever events, from a hurricane to damage in exploration and discovery. I urge my since. But it has never been for preda- space. We need the shuttle to maintain colleagues to support this bipartisan tory purposes or military purposes. Our our commitment to the International amendment. NASA has always been to go where no Space Station, where we have treaty I yield the floor. man or woman has ever gone before, to obligations. The PRESIDING OFFICER (Mrs. be involved in discovery, to also come Second, another reason to support MCCASKILL). The Senator from Texas. up with the science to protect our own this amendment is the shuttle will be Mrs. HUTCHISON. Madam President, planet and to further our national retired in 2010, and we are faced with I rise to speak on an amendment Sen- agenda in aeronautics. the challenge of developing a new, reli- ator MIKULSKI and I have worked on for Joining us today, as we offer this able, safe human flight vehicle. But the a long time. After we lost the space amendment, in the gallery are the as- costs of returning the shuttle to flight shuttle Columbia over Texas and we tronauts from the space ship Endeavor. have forced NASA to cut funds for the were so involved in the cleanup of that They have spent 14 days in space, con- next transportation vehicle by almost tragic accident, all of us—Senator tinuing the work to assemble the Inter- $500 million. This cut contributes to SHELBY, Senator MIKULSKI, Senator national Space Station, which is our the gap of over 5 years between when NELSON from Florida, many of us—did lab in the sky, which will also be a the shuttle retires in 2010 and when we try to make sure we had the funding gateway to go back to the Moon and get a brandnew vehicle in 2015. that was needed, first of all, for a com- stay there when we do, and then on to This is not acceptable. We cannot let prehensive review of what happened. Mars; after that, who knows where. We China get to the Moon before the We did have an incredibly good product welcome them today to watch this de- United States does. We also need to from the Commission that was put to- bate because, just as we want to keep make sure we keep our astronauts safe gether that did determine the cause. space free of politics, we want them to for the remaining time they use the We did fund that at $100 million. But see that here on the Senate floor we shuttle. Also we have to keep that ex- the added safeguards and safety meas- can work on a bipartisan basis to put cellent talent down there of scientists, ures that were required by that study the money in the Federal checkbook to engineers, and mechanics, to keep our and the Commission report were not do what NASA needs to do to keep this shuttle flying safely. funded. mission. Third, NASA has had to forage for As Senator MIKULSKI said, we are What this amendment does is adds $1 funds in other programs to pay to fix about $2 billion to $3 billion in the billion to NASA’s budget. It covers the the shuttles. Since 2003, science and hole. We cannot allow that to happen cost of repairing and upgrading the aeronautics have been cut by almost because here we are on the 50th anni- safety of its space shuttle fleet. It $100 million. versary of Sputnik and it is another comes in the aftermath of the Space Science on the space station has been sputnik moment. When all of us in Shuttle Columbia accident in 2003. The drastically cut. This has a ripple effect America were shocked that Russia had funding was declared an emergency and within the scientific community. It af- put up the first spaceflight, we were they received full funding to return to fects our future ability to understand left to say: Why weren’t we first? space. and protect changes in our planet and Today, 50 years later, we are looking Our amendment follows the prece- in other issues. The National Academy at a 5-year gap from the end of the dent set after the 1986 Space Shuttle of Sciences says we need more space space shuttle before the crew-return Challenger accident, when Congress science, not less. vehicle will be on line to put American made a special appropriation to get the The consequences of not doing this astronauts back in space. That is an- shuttle flying again. So this amend- amendment are clear. It contributes to other Sputnik moment. ment follows the precedent set in 1986 the delay of our next space transpor- Are we going to rely on Russia after after the Challenger accident. A one- tation vehicle. No one wants that. We 2010 to put American astronauts in time amount of $3 billion was given to do not want to be grounded for an ex- space? I hope not. I hope America never NASA to get the shuttle flying again— tensive period of time. It reduces our loses its commitment to be the first in not only to simply get it flying, but to commitment to our international trea- technology, in knowing what can be make sure our astronauts were safe ty obligations on the space station. done, in exploring issues we haven’t when they did fly. The goals of the amendment are even thought about because we know By contrast, after the Columbia acci- clear. It maintains our commitment to how much that exploration has already dent in 2003, NASA only received $100 safe, reliable, and robust human done for our country. million in special appropriations. Let spaceflight. It keeps us on track for the In fact, what has happened is exactly me be clear, our goal is not to increase next reliable space transportation ve- as Senator MIKULSKI just explained. the NASA space budget but to restore hicle and maintains our commitment The accounts for NASA have been the funding that was forced to get after to scientific discovery. drained. We have drained from science, the Columbia accident. We didn’t leave NASA with an unpaid we have drained from the Hubble tele- This funding is necessary for three bill 20 years ago, and we shouldn’t do it scope, and we have drained from other reasons: First, since 2003, when that now. Twenty years ago, our colleagues, aeronautics research to fund the Co- terrible melancholy event occurred, it Senator BYRD and Senator STEVENS, lumbia accident report and safeguards, has cost NASA over $2 billion to com- provided $2.7 billion out of the defense and we have not moved forward for the ply with the recommendations of Ad- budget to buy a replacement space crew-return vehicle. miral Gehman to fix what it would shuttle. We did not cut NASA’s budget It is estimated that if we can get this take for the remaining shuttles and to after the Challenger accident. We billion dollars and if we can fully fund fly them safely. Admiral Gehman was shouldn’t do it after the Columbia acci- the accounts that have been bled, we asked by the Nation to chair a commis- dent. could chop at least 2 years off that gap. sion to see what it would take to re- We recommend this amendment be- We are talking about a technological store the shuttle’s ability to fly again, cause it is $1 billion. It follows the and educational issue at a time when but also to protect those astronauts. It precedent from the Challenger accident. India and China are doing more and had engineering solutions, techno- It does not add to the base. It fulfills more exploration into space, and we

VerDate Aug 31 2005 03:29 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.058 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12725 are talking about a national security I ask my colleagues to look at this There being no objection, the mate- issue that the United States would not investment. Do we want to see this go rial was ordered to be printed in the have the capability for 5 years to put to the Chinese or to India or to Russia, RECORD, as follows: an American astronaut in space. or do we want to continue to make [From The Hill, Oct. 3, 2007] Who can forget the beginning of the sure that America is the creator, MAINTAIN U.S. SUPREMACY IN SPACE war against terror when we were put- America is the innovator, that it is (By Sen. Kay Bailey Hutchison) ting missiles, guided through sat- Americans who take the discoveries ellites, into windows from 2 miles away On Oct. 4, 1957—almost 50 years ago to the and turn them into products that can date of this publication—the Soviet Union because we have that capability we change our lives, especially in medical launched the world-famous Sputnik sat- have gained from the exploration in science? ellite, setting off alarm bells throughout space. In addition, if we look at the I ask my colleagues to look at what Washington that America was falling behind science and innovation we must con- we have gained in superiority in de- in space technology. But America’s inge- tinue to pursue to make the invest- fense because we have invested in nuity was dramatically mobilized by Presi- ment in the space station worthwhile space. Yet, at a time when we are at dent Eisenhower, who passed The National Defense Education Act, which provided mas- and to keep our commitment to our war, when we know we have used the international partners, we have to be sive investments in science, engineering, and satellites to the most effective point technology. Those investments paid off when willing to put the amount that is re- they have ever been used for intel- we safely landed a man on the Moon, ful- quired from America with our inter- ligence gathering, for the ability to do filling President Kennedy promise. The re- national partners into the space sta- intelligence gathering without harm- search program we created spawned some of tion. That, too, has been robbed. ing Americans, without putting Ameri- the most significant technologies of modern Just think, last month Senator MI- cans in a plane because we can take life, including personal computers and the KULSKI and I went to a signing between from the satellites the information so Internet. the National Institutes of Health and Today, we are on the verge of another that the pilot is not in danger of being Sputnik moment. In November, China will NASA of an agreement that the Na- shot down because there is no pilot. We tional Institutes of Health would be a launch its first lunar orbiter—a major mile- can gather intelligence, we can retain stone in its rapidly-developing space pro- partner in the international space sta- our superiority and technology and gram. In fact, China’s progress has been so tion lab, that it would begin to do some creativity, but it will take the invest- substantial they’re planning on landing a of the far-reaching medical research ment. If we are going to pay for an man on the moon by 2020. A decade or so that could only be done in the space emergency out of operating funds, we from now, the Red Flag may be flying on the lunar surface. station because of the microgravity are eating our seed corn. conditions, and NIH signed the agree- In this ominous environment, you would Madam President, surely America ment. Are we going to continue to rob think Washington would be trying to re- and our Congress and this Senate un- the accounts for scientific research at charge America’s commitment to space ex- derstand that issue. The leadership of ploration. In fact, the opposite is happening. a time when we are on the cusp of the appropriations and authorizing Right now, NASA is planning to retire the doing the research about which we committees, Senator MIKULSKI, Sen- Space Shuttle in 2010. Until its replacement have been talking—research into is ready—not expected until 2015—the U.S. ator SHELBY, myself, and Senator BILL breast cancer, research into will have no way to launch humans into NELSON of Florida, are the four chair- osteoporosis—where we can see the space. men and ranking members of the rel- cells grow because there is no gravity During this five-year time gap, we will evant committees. All of us have asked that is pulling against the growth? have to rely on Russia to get our own sci- What about Dr. Samuel Ting, the to meet with the President to talk entists and astronauts to the International Space Station. As the world’s leader in space Nobel laureate from MIT who testified about this priority that we must con- tinue exploration in space and deter- technology, it is simply unacceptable that before our committee? I am the rank- we will be in this position technological de- ing member—former chairman—of the mine how we would go forward in a bi- partisan way to assure America’s lead- pendency. Our national security depends on NASA, space, and science sub- our ability to explore space without relying ership in this important endeavor. I committee. He came to our committee on nations who may not always have our and wowed all of us with the potential hope the President will support this best interests at heart. Thankfully, there is for scientific research on the space sta- amendment, will meet with us to have still time to prevent this frightful scenario tion. He is a Nobel laureate in physics. a joint effort to do this amendment. from becoming reality. The President himself has already Congress should provide NASA with the He said cosmic rays are the most in- added funds it needs to narrow or close the tense in space. On the space station, we laid out the vision. He has said we are going to put people on the Moon again, gap in our human spaceflight capability, by can begin to find what cosmic rays do accelerating Ares and Orion—the shuttle re- in that intensity and perhaps even we are going to establish a base on the placement vehicles—providing increased sup- begin to find a new energy source from Moon, and from there we are going to port to potential commercial vehicles, and, being able to harness those cosmic rays go to Mars. The President has laid out if necessary, keeping the space shuttle flying and create a form of energy which he the vision, but we must have the capa- longer than 2010. This will ensure that Amer- says can only and best be done on the bility to fulfill the mission by having ica stays in control of its space destiny. the scientific research that will keep Since NASA was created in 1958, the re- space station. search that has gone into the space program I ask my colleagues, in a time when us in the technological lead by con- tinuing to make sure we are looking at has also spurred innovations that have we are all trying to find ways to cut greatly improved our lives—from car phones back on expenditures that are not nec- all of the energy sources we can use, by to heart monitors, from ultrasound scanners essary, to look at this amendment creating the medical capabilities that to laser surgery. Recently, NASA has been carefully because it is an investment in can only be done in the microgravity implementing my plan to use the U.S. seg- the future. It is an investment to make conditions. ment ofthe ISS as a ‘‘National Laboratory,’’ sure our technology transfers are con- I join with so many of my colleagues which means that even more breakthroughs tinued. As an example, look at the on both sides of the aisle in asking that can be expected once that lab is fully oper- ational. On Sept. 12, NASA and the National items on Earth that have been discov- we adopt this amendment, that we get 60 votes, if that is what we need, to as- Institutes of Health signed the first of what ered or enhanced by space research: should be several inter-agency agreements to international TV broadcasts, pace- sure that this goes forward, not as an- facilitate ISS research in the future. makers, automatic insulin pumps, car other appropriation but as an invest- We want the U.S. to be the global leader in phones, CAT scans, infrared thermom- ment to assure that America’s leader- space research because the unique environ- eters, long-range weather forecasting ship continues. ment of outer space enables scientists to which has revolutionized not only our Madam President, I wrote a piece for conduct many experiments not possible on agriculture industry but the ability to the Hill, which is one of the local Cap- Earth. For example, NASA is considering itol magazines. It goes into more detail placing a sophisticated particle detector on predict hurricanes. We have so many the ISS to learn more about cosmic rays. quality-of-life issues that have been en- about why this is so very important. This research must be carried out in space hanced or discovered because we were I ask unanimous consent to have the where researchers can collect data without willing to do this research. article printed in the RECORD. the hindrance of Earth’s dense atmosphere

VerDate Aug 31 2005 01:55 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.059 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12726 CONGRESSIONAL RECORD — SENATE October 4, 2007 and gravity. The results could lead to break- carried out by NASA, we are mort- launched by humans. In that time, 50 throughs in our fundamental understanding gaging our future. The foundation for years ago, it shocked the entire world of matter, and possibly new sources of en- technological leadership and the suc- that the Soviet Union had become suf- ergy. There is a strong, symbiotic relationship cesses of tomorrow are built on the in- ficiently technologically proficient between space research and national secu- vestments that we make in NASA that they could suddenly seize the high rity. For example, by using space-based navi- today. ground—a high ground that heretofore gation systems, we can guide a missile to NASA’s research in cutting edge had not been achieved but that man- within meters of its intended target. This technological advancements have driv- kind had always longed for—to soar not only allows our military to more effec- en science and innovation in this coun- into the heavens. tively hit a target, it also saves civilian lives try since the dawn of the space age. We As a result of that significant tech- and limits collateral damage. are shortcoming our future by not fully nological achievement, the United The Chinese are gaining ground in techno- States got shocked out of its lethargy, logical areas. For example, China recently funding science innovation and space surpassed the U.S. as the world’s largest ex- exploration. This critical knowledge out of its willingness to just go along porter of information-technology products will be needed in the years to come to with the thinking that we were that (and the U.S. has become a net importer of make human exploration of the Moon good, but in fact we were falling be- those products). The Chinese are now turn- and other planets a reality. These ef- hind. As Senator SHELBY said, we sud- ing their attention to space technology—and fects cannot be ignored any longer if denly became shocked at the fact that they are determined to use it as a means of we are to maintain our leadership and we were falling behind in math, in strengthening their military. We cannot our presence in space. science and technology, and that, lo allow other countries to acquire new weap- With the burden of correcting the and behold, with the symbolic value of ons technologies while America does not keep up. dramatic Presidential budget cuts in the Soviet Union—at that point our On the day before he was tragically assas- critical justice programs and in NOAA, mortal enemy in the Cold War—having sinated, President Kennedy remarked, ‘‘This it is increasingly difficult for the com- achieved that first. nation has tossed its cap over the wall of mittee to find the resources necessary Finally, we got Explorer into space, space, and we have no choice but to follow it. to keep NASA on the right track. In the first American satellite, and we Whatever the difficulties, they will be over- order to balance the lack of support for started to take comfort that this come.’’ NASA’s science and aeronautics pro- Yankee ingenuity of America would As we mark the 50th anniversary of Sput- suddenly screw up its determination to nik, let’s renew our commitment to over- grams in the budget requests, there are come those difficulties once again. We’ve few options left to consider. achieve and that we would not be worked too hard, and accomplished too The adoption of this amendment, of- passed by. And then, lo and behold, as much, to willfully forfeit our leadership in fered by Senator MIKULSKI and Senator we are preparing Alan Shepard to go space. Let’s make the necessary adjustments HUTCHISON, will not only respond to the into space—not into orbital space, real- to maintain our supremacy. Our future de- pressing needs brought about by a trag- ly, but only into suborbit—suddenly pends on it. ic accident, but will also send a clear the Soviets surprised us again and they Mrs. HUTCHISON. Madam President, signal that Congress is serious about sent Yuri Gagarin into one orbit to I urge my colleagues to support the Mi- ensuring that the U.S. retains its lead- achieve what no earthbound nation had kulski-Hutchison amendment that has ership position in space exploration. I done. bipartisan support of all of the four would urge all my colleagues to vote I remember years ago, Madam Presi- members of the relevant committees’ for this amendment. It is sorely and dent, as a Member of the House of Rep- leadership. I hope together we can take direly needed now. resentatives—and I had already flown this step to assure America’s leader- Madam President, I suggest the ab- on the space shuttle—as I was sitting ship. sence of a quorum. on the floor of the House, the then- I yield the floor. The PRESIDING OFFICER. The Speaker of the House, Tip O’Neill, The PRESIDING OFFICER. The Sen- clerk will call the roll. beckoned me over. ator from Alabama. The assistant legislative clerk pro- He said: Billy, I want to tell you a Mr. SHELBY. Madam President, I ceeded to call the roll. story. He said: When I was a young join with my colleagues, Senator MI- Ms. MIKULSKI. Madam President, I Boston Congressman, I remember I was KULSKI, Senator HUTCHISON, and Sen- ask unanimous consent that the order down at the White House—President ator NELSON from Florida, in asking all for the quorum call be rescinded. Kennedy was the President—and I had Senators to support this amendment. The PRESIDING OFFICER. Without never seen the President so nervous. He Senator MIKULSKI and I have worked objection, it is so ordered. was just pacing back and forth like a hard with the others to craft a bill that Ms. MIKULSKI. Madam President, cat on a hot tin roof. He said: I leaned addresses the priority of our Members, Senator NELSON will be coming out to over to one of his aides, and I asked but despite our generous allocation, speak shortly, an astronaut Senator what in the world is wrong with the the funding necessary for NASA to ag- who will speak eloquently about this. President? gressively pursue the President’s ‘‘Vi- We also hope, for those who would like What was happening was we were sion for Space Exploration’’ cannot be to challenge our thinking, that they getting ready to launch Alan Shepard accommodated without this amend- will use this as a time to come to the on the Redstone rocket, which only ment. floor so that we can have an ongoing had enough lift power to go into Since the tragedy of the Space Shut- and continuous debate. We would cer- suborbit. Here we were, 3 weeks behind tle Columbia breaking up during re- tainly like to vote on this within the the Soviet Union, which had just put entry in February of 2003, NASA has hour, in the interest of moving our bill up Gagarin into one complete orbit. spent $2.7 billion to make the shuttle forward. So we would ask our col- And, of course, we know what hap- program as safe as possible to ensure leagues to come and speak. pened. Alan Shepard made that first our Nation continues to be the leader Before I yield the floor, Madam suborbital flight successfully. in space exploration. Unfortunately, as President, I ask unanimous consent We didn’t even have a rocket at that has been pointed out by Senator MI- that Senator BOXER be added as a co- point that would get us into orbit with KULSKI and Senator HUTCHISON, the sponsor. that mercury capsule. We flew a second NASA budget requests have not ade- The PRESIDING OFFICER. Without time in suborbit with Gus Grissom. In quately restored the necessary re- objection, it is so ordered. the meantime, the Soviets now send sources in their subsequent requests. Ms. MIKULSKI. Madam President, I another cosmonaut, Titeuf, and he goes Instead, the costs have been absorbed yield the floor. into several orbits, and here we are from within NASA. The PRESIDING OFFICER. The Sen- struggling to get up for the first time Science funding has been cut signifi- ator from Florida. in orbit. Well, they said, we are going cantly, and programs not directly asso- Mr. NELSON of Florida. Madam with that Atlas rocket, which was an ciated with the exploration vision are President, we are observing the 50th intercontinental ballistic missile. And being deferred, delayed, or canceled. By anniversary of the launch of Sputnik, so there, among those first seven astro- slowing down the cutting-edge science the first artificial satellite that was nauts, they chose John Glenn. We knew

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About that workforce, need I re- ulate a planet called Planet Earth in a three orbits when there is an indica- mind you now that China is graduating solar system that revolves about one tion that his heat shield is loose, which five times the number of engineers that star that we call Sun, in a galaxy that would mean, upon reentry, that John the United States is and India is grad- is ours in a universe that is so large Glenn and the capsule would burn up. uating three times the number of engi- our human minds cannot even con- And on that de-orbit burn, as he is neers? template it. starting to plunge back into the fiery I want to return to that era, where These are the worlds we want to ex- reentry of Earth’s atmosphere, before we can get young people excited again plore. It is our nature, it is our char- we lost radio contact, John Glenn was about science and technology, and acter as Americans that we are, by heard humming the ‘‘Battle Hymn of there is nothing like the space program that nature and that character, explor- the Republic.’’ that will rivet and ignite those little ers and adventurers. At the beginning Of course, his flight was successful, imaginations. of this country, we had a frontier and and we continued on. But because that Right now we are at a critical point it was westward. The great leaders of President said we were going to go to because NASA has been starved of our country at the founding of the the Moon and return within the decade, funds. That is part of the reason why country said: Go and explore. Today and because the Nation put its mind to Senator MIKULSKI and Senator SHELBY those frontiers are different. Those it and put the resources to it, we have brought this amendment to the frontiers are upward and those fron- achieved what was almost unbeliev- floor. It is not like the loss of Chal- tiers are inward. The great leaders of able—sending 12 Americans to the lenger over two decades ago, when today ought to be saying: Go forth and Moon and returning them safely, in- emergency funds funded the recovery explore. cluding the crew of Apollo 11, which to flight, the investigation, the design- I am hoping the great leaders in this was one of the greatest rescue ventures ing of new systems, the repair of old body called the Senate will support ever in all of mankind, with Jim Lovell systems that got us into safe flight Senator MIKULSKI and Senator SHELBY and his crew, when they lost all of again—not this time. NASA had to pay in approving this amendment. I yield the floor. their power en route to the Moon on for this out of its operating expendi- The PRESIDING OFFICER (Mr. NEL- that crippled Apollo 13 spacecraft. tures, to the point of $2.8 billion. It was SON of Nebraska). The Senator from They shut down the Apollo Program already a tight budget to begin with, Florida. in the early 1970s, with massive layoffs, not helped by the inability of us last Mr. MARTINEZ. Mr. President, I rise and it was a long time from that last year in the Congress to meet agree- to speak in support of the Mikulski flight in 1972 to the Moon and a follow- ments, and we had to operate under an amendment and to echo the comments on 1975 flight linking a Soviet Soyuz appropriation called a continuing reso- of my good friend and colleague from with an American Apollo. And for days, lution, that left us at last year’s fund- Florida, Senator NELSON. The Senator in the midst of the Cold War, two mor- ing levels—not the increase. and I both have had the great privilege, tal enemies, two cosmonauts and three As a result, what we have is that not only of representing the great Americans, were docked together in NASA is desperately short of funds, to State of Florida but also both of us space, lived and worked and enjoyed the point that when it shuts down the grew up within a short car ride from each other and communicated to the space shuttle in October of 2010, with where all this excitement was hap- world as peaceful partners. Because of the paucity of funds, the next vehicle, pening, as we were young people grow- the disruptions in the space family, it called the Constellation System, with a ing up. Cape Canaveral, the excitement was not until 1981 that we got back capsule called Orion and a rocket of flights to space, the heroics of our into space, with humans, in the space called Aires, will not be able to fly early astronauts and then later the shuttle. with humans until after a 5-year gap. flights to the Moon and the touch of Now, there is a lesson in what I have That is not good for our educational the tragic that, from time to time, just discussed about our history in system. It is not good for our techno- have been a part of any dangerous en- space that would teach us not to repeat logical prowess and achievements. deavor, have been a part of our daily that now. What is that lesson? First of The amendment of Senator MIKULSKI lives. Of course, my senior Senator all, one of the great lessons of that era will help correct it; not with the $2.8 from Florida took it a step further. He is the fact that we got excited about billion NASA lost but only a third of himself donned the suit and went into science and technology and mathe- that, that we are asking that this Sen- space on the space shuttle on what was, matics and engineering and space ate will appropriate out of emergency I know, a life-changing event for him. flight. We produced a generation of ex- funds. I know the excitement with which he ceptionally talented and educated There is not a young person in Amer- speaks of the space program is not young people who were told to go to ica who does not get excited about something I can speak about firsthand their limit. As a result, we had, in a space flight. There is not an old person as he does, because he has been a part space program that had to have limited in America whose heart does not quick- of it, but I can certainly speak to it as volume, light in weight, and highly re- en when they think of the daring ad- a person who has seen the benefits of it liable systems, a technological revolu- ventures and the exploration. There is to our communities, through research, tion of micro-miniaturization that had not a scholar or academic who does not through improvements to so many come directly out of the space flight. appreciate what manned and unmanned things that have been derivative from This watch is a direct spinoff of the space flight has done by putting up the our space program. space program. So many of the modern Hubbell Space Telescope, which has As we go to the Kennedy Space Cen- medical miracles and medical tech- opened up the vistas into the begin- ter these days and we talk to these niques are a direct spinoff of the Amer- nings of the universe and under- great scientists, these great engineers, ican space program. standing where we came from and how these people who are so enthusiastic, In fact, one example in our daily all of it came about and what is the who are so competent in what they do, lives is the communications we take order in the universe. Yet we only they speak with great commitment to for granted. We can go anywhere on know 4 percent of all that we can know completing the space shuttle flights Earth and know precisely where we are about the universe. We still have 96 that are pending. They speak with by the global positioning system, GPS, percent, still to learn. great commitment about our space lab which is now in our cars, and we can That is what our space program can and the great advancements in science have a hand-held unit and go out on a do for us. It can ignite the imagina- and technology that are taking place boat, and if we get lost or stranded, tions and the desire to achieve in those in the space lab—now a new component with no motor in the ocean, the Coast young people. It can quicken the hearts in biomedical research that will hope- Guard knows exactly where to come of all Americans. It can lead to great fully be opening the doors to the cure

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As it is than we are as it relates to the edu- this debate forward and dispose of the right now, because of shorting the cation of our young people and science amendment no later than 4:00 and ear- space program year after year, what we and technology, what could be better lier if possible. have is a situation in which there will than a vibrant space program to con- I want to give everyone warning, if be a 5-year gap from the last space tinue to imbue our young people with there is nobody here, we will move the shuttle flight until the next vehicle is the desire to explore, the desire to in- amendment. ready for manned flight. vent, the desire for all he things that f I think, as the American people the space program has been to our BAN ASBESTOS IN AMERICA ACT would know about this, it would raise country? OF 2007 concerns for them in the area of Our technological edge was never science and technology, of advance- finer honed than when we had a vibrant Mrs. MURRAY. Mr. President, I ask ment, of exploration, which has been and strong space program in the late unanimous consent that the Senate such a part of our country where we 1950s and on into the 1960s. That was now proceed to the consideration of have led the world without a doubt. our finest and best time when it comes Calendar No. 321, S. 742, the Ban Asbes- But there is something else about it to science and technology. tos in America Act of 2007; that the which troubles me greatly and which I We have, in many ways, been living amendment at the desk be considered think the American people also ought off that for the last 25 years. Now we and agreed to, the committee-reported to be made aware of, which is the fact can have the dawning of a new age of substitute amendment be agreed to, that in order for an American to fly space exploration into areas that have the bill, as amended, be read three into space for those 5 years, we would so far eluded us completely—well be- times, passed, and the motion to recon- be completely and totally at the mercy yond the moon. This can all happen. sider be laid upon the table; that the of Russia. We have had a very good and This is a small downpayment into a title amendment be agreed to and any cooperative relationship. The Ameri- very important part of America’s fu- statements be printed in the RECORD. cans and Russians and, frankly, many ture. It is certainly a very strong and The PRESIDING OFFICER. Without other citizens of other countries, have important issue as we look also at very objection, it is so ordered. been a part of the space shuttle and practical issues like our workforce. The Senate proceeded to consider the more particularly of the space lab. We The workforce at Kennedy Space bill to amend the Toxic Substances have modules there—obviously the Center is a well-trained workforce. It is Control Act to reduce the health risks space shuttle arm from Canada, mod- a workforce that has, over the years, posed by asbestos-containing products, ules that have come from Japan and developed and over the years improved and for other purposes, which had been from Italy and many other countries. its skills. If we were to tell these peo- reported from the Committee on Envi- Each of those countries with great ple over the next 5 years there is no ronment and Public Works, with an pride has had one of their crew mem- work for you, they will go into other amendment to strike all after the en- bers go on the space shuttle and go to pursuits. These are sharp, talented peo- acting clause and insert in lieu thereof the space lab. Our cooperation with the ple. It is not like they are going to be the following: Russians has been fantastic, even back unable to get a job, but it is going to be SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Ban Asbestos in to the days of the Soviet Union. our loss when those people are not en- But in an ever-changing world, America Act of 2007’’. gaged in the continuation of the U.S. SEC. 2. FINDINGS. should not we wonder if it is safe for space flights. Congress finds that— America to totally be reliant upon an NASA is a good investment for Amer- (1)(A) the Administrator of the Environmental increasingly undemocratic Russia for ica. We are not talking about breaking Protection Agency has classified asbestos as a our space flights? I do not necessarily the bank. We are talking about a very category A human carcinogen, the highest can- want to create enemies where none small investment for what I believe cer hazard classification for a substance; and exist. But it does concern me to see (B) the International Agency for Research on would be a great return. I am very Cancer has classified asbestos as a class 1 these Russian bombers coming into pleased to join with my colleague from human carcinogen; areas where they know very well are Florida, Senator NELSON, who is my ex- (2) many people in the United States incor- our waters, our airspace, and repeat- pert when it comes to these issues. We rectly believe that— edly now over the last month or so both have great affection for the Cape. (A) asbestos has been banned in the United coming into what is U.S. airspace and He grew up a very few miles south of it. States; and challenging us to intercept them. Why (B) there is no risk of exposure to asbestos I grew up a very few miles to the west through the use of new commercial products; are they doing that? What is the pur- of it. This is our backyard. We know it, (3) the United States Geological Survey re- pose behind that? What could happen we love it, and we know what it has ported that, in 2006, the United States used 2,000 over the next 3 years as we conclude meant to our country. We know the fu- metric tons of asbestos, of which approxi- the space shuttle, and then the next 5 ture of it can be very bright and we mately— where we are without the ability to put certainly do support this effort to im- (A) 55 percent was used in roofing products; a man in space, if our relationship with (B) 26 percent was used in coatings; and prove funding for NASA. (C) 19 percent was used in other products, Russia is not as strong as it is today in I yield the floor. such as friction products; 8 years, 5 years, 6 years? It certainly Ms. MIKULSKI. Mr. President, I sug- (4) the Department of Commerce estimates isn’t as positive and strong as it was 3 gest the absence of a quorum. that the United States imports more than years ago. The PRESIDING OFFICER. The $100,000,000 of brake parts per year; It behooves us, for the sake of our clerk will call the roll. (5) available evidence suggests that— independence, our sovereignty, our The assistant legislative clerk pro- (A) imports of some types of asbestos-con- taining products are increasing; and ability to be in control and the destiny ceeded to call the roll. (B) some of those products are imported from of this magnificent laboratory up in Ms. MIKULSKI. Mr. President, I ask foreign countries in which asbestos is poorly space, that we could accelerate the unanimous consent that the order for regulated; time where this gap was going to exist. the quorum call be rescinded. (6) there is no known safe level of exposure to It is going to be there no matter what The PRESIDING OFFICER. Without asbestos; we do, but we can shorten it. I believe objection, it is so ordered. (7) even low levels of exposure to asbestos may Ms. MIKULSKI. Mr. President, the cause asbestos-related diseases, including meso- if we shorten it by a couple of years, thelioma; that would be in our best interests. proponents of this amendment have (8) millions of workers in the United States When we look at the totality of our had a very thorough discussion of why have been, and continue to be, exposed to dan- expenditures, when we look at the cost- we support this amendment. We have gerous levels of asbestos;

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(9) worker deaths from noncancerous lung dis- SEC. 3. ASBESTOS-CONTAINING PRODUCTS. ‘‘(A) IN GENERAL.—The Director, in consulta- ease can occur at levels of exposure to asbestos (a) IN GENERAL.—Title II of the Toxic Sub- tion with the United States Geological Survey, below the levels allowed by the Occupational stances Control Act (15 U.S.C. 2641 et seq.) is the Environmental Protection Agency, the Na- Safety and Health Administration as of the date amended— tional Academy of Sciences, and appropriate of enactment of this Act; (1) by inserting before section 201 (15 U.S.C. Federal entities, shall conduct a study and, not (10) families of workers are put at risk because 2641) the following: later than 1 year after the date of enactment of of asbestos brought home by the workers on the ‘‘Subtitle A—General Provisions’’; this subtitle, submit to the Administrator, the Committees on Environment and Public Works shoes, clothes, skin, and hair of the workers; (2) in section 202(3) (15 U.S.C. 2642(3))— 1 (11) approximately ⁄3 of mesothelioma victims (A) in each of subparagraphs (A) through (D), and Health, Education, Labor, and Pensions of were exposed to asbestos while serving the by striking the commas at the end of the sub- the Senate, the Committees on Energy and Com- United States on Navy ships or shipyards; paragraphs and inserting semicolons; merce and Education and Labor of the House of (12) the National Institutes of Health reported (B) in subparagraph (E), by striking ‘‘, or’’ Representatives, and other Federal agencies a to Congress in 2006 that mesothelioma is a dif- and inserting a semicolon; report containing— ‘‘(i) a description of the current state of the ficult disease to detect, diagnose, and treat; (C) in subparagraph (F), by striking the pe- science relating to— (13) the Environmental Working Group esti- riod at the end and inserting a semicolon; and ‘‘(I) the disease mechanisms and health effects mates that as many as 10,000 citizens of the (D) by adding at the end the following: of exposure to non-asbestiform minerals and United States die each year from mesothelioma ‘‘(G) any material formerly classified as elongated mineral particles; and and other asbestos-related diseases; tremolite, including— ‘‘(II) methods for measuring and analyzing (14)(A) mesothelioma responds poorly to con- ‘‘(i) winchite asbestos; and non-asbestiform minerals and elongated mineral ventional chemotherapy; and ‘‘(ii) richterite asbestos; and particles; and (B) although new combination treatments for ‘‘(H) any asbestiform amphibole mineral.’’; mesothelioma have demonstrated some benefits— ‘‘(ii) recommendations for— and (i) the median survival period for mesothe- ‘‘(I) future research relating to diseases (3) by adding at the end the following: lioma is only 1 year after diagnosis of the dis- caused by exposure to— ease; and ‘‘Subtitle B—Asbestos-Containing Products ‘‘(aa) non-asbestiform minerals; and ‘‘(bb) elongated mineral particles; (ii) the majority of mesothelioma patients die ‘‘SEC. 221. DEFINITIONS. ‘‘(II) exposure assessment practice needs; within 2 years of diagnosis of the disease; ‘‘In this subtitle: ‘‘(III) any new classification of naturally oc- (15) in hearings before Congress in the early ‘‘(1) APPROPRIATE FEDERAL ENTITY.—The term curring elongated mineral particles; and 1970s, the example of asbestos was used to jus- ‘appropriate Federal entity’ means any appro- ‘‘(IV) 1 or more definitions and dimensions to tify the need for comprehensive legislation on priate Federal entity, as determined by the Di- be used for the quantification and risk assess- toxic substances; rector, including— ment of— (16) in 1976, Congress passed the Toxic Sub- ‘‘(A) the Agency for Toxic Substances and ‘‘(aa) non-asbestiform minerals; and stances Control Act (15 U.S.C. 2601 et seq.); Disease Registry; ‘‘(bb) elongated mineral particles. (17) in 1989, the Administrator of the Environ- ‘‘(B) the Department of Health and Human ‘‘(B) COMPONENTS.—The report described in mental Protection Agency promulgated final Services; subparagraph (A) shall include— regulations under title II of the Toxic Sub- ‘‘(C) the Environmental Protection Agency; ‘‘(i) peer-reviewed published literature; stances Control Act (15 U.S.C. 2641 et seq.) to ‘‘(D) the Mine Safety and Health Administra- ‘‘(ii) regulatory decisions; and phase out asbestos in consumer products by tion; ‘‘(iii) information obtained from the National 1997; ‘‘(E) the National Institute of Standards and Institute for Occupational Safety Asbestos Re- (18) in 1991, the United States Court of Ap- Technology; search Roadmap. peals for the 5th Circuit overturned portions of ‘‘(F) the United States Geological Survey; ‘‘(2) MODE OF ACTION AND HEALTH EFFECTS the regulations, and the Federal Government ‘‘(G) the National Institute of Environmental STUDY.— did not appeal the decision to the Supreme Health Sciences; ‘‘(A) IN GENERAL.—The Director, in consulta- Court; ‘‘(H) the National Institute for Occupational tion with the Environmental Protection Agency, (19) as a result, while new applications for as- Safety and Health; and the National Academy of Sciences, and appro- bestos were banned, asbestos is still being im- ‘‘(I) the Occupational Health and Safety Ad- priate Federal entities, shall conduct a study— ported and used, and is otherwise present as a ministration. ‘‘(i) to evaluate the known or potential mode contaminant, in some consumer and industrial ‘‘(2) ASBESTOS-CONTAINING PRODUCT.—The of action and health effects of— products in the United States; term ‘asbestos-containing product’ means any ‘‘(I) non-asbestiform minerals; and (20) the National Cancer Institute recognizes a product (including any part) to which asbestos ‘‘(II) elongated mineral particles; and clear need for new agents to improve the outlook is deliberately or knowingly added or in which ‘‘(ii) to develop recommendations for a means for patients with mesothelioma and other asbes- asbestos is deliberately used or knowingly by which to identify, distinguish, and measure tos-related diseases; present in any concentration. any non-asbestiform mineral or elongated min- (21) the National Institutes of Health should ‘‘(3) ELONGATED MINERAL PARTICLE.—The eral particle that— continue to improve detection, treatment, and term ‘elongated mineral particle’ means a single ‘‘(I) may cause any disease or health effect; or ‘‘(II) does not cause any disease or health ef- management of asbestos-related diseases, such crystal or similarly elongated polycrystalline ag- fect. as mesothelioma, including by providing contin- gregate particle with a length to width ratio of ‘‘(B) REPORT.—Not later than 18 months after ued support for the pleural mesothelioma treat- 3 to 1 or greater. the date of enactment of this subtitle, the Direc- ment and research program and peritoneal sur- ‘‘(4) BIOPERSISTENT ELONGATED MINERAL PAR- tor shall submit to the Committees on Environ- gical initiatives; TICLE.—The term ‘biopersistent elongated min- ment and Public Works and Health, Education, (22) the Department of Defense should study eral particle’ means an elongated mineral par- Labor, and Pensions of the Senate, and the diseases related to asbestos exposure in the mili- ticle that— Committees on Energy and Commerce and Edu- tary and veteran population, including by con- ‘‘(A) occurs naturally in the environment; and cation and Labor of the House of Representa- ducting research in coordination with the Na- ‘‘(B) is similar to asbestos in— tives, a report containing— tional Institutes of Health on the early detection ‘‘(i) resistance to dissolution; ‘‘(i) a description of the manner by which and treatment of mesothelioma; ‘‘(ii) leaching; and non-asbestiform minerals and elongated mineral (23) with some exceptions relating to certain ‘‘(iii) other physical, chemical, or biological particles possess the ability to remain bioper- uses, asbestos has been banned in 40 countries, processes expected from contact with lung cells sistent in the human body, with regard to the including Argentina, Australia, Austria, Bel- and other cells and fluids in the human body. ability of non-asbestiform minerals and elon- gium, Chile, Croatia, the Czech Republic, Den- ‘‘(5) DIRECTOR.—The term ‘Director’ means gated mineral particles— mark, Estonia, Finland, France, Germany, Ice- the Director of the National Institute for Occu- ‘‘(I) to exhibit resistence to dissolution and land, Ireland, Italy, Japan, Latvia, Luxem- pational Safety and Health. leaching; and bourg, the Netherlands, Norway, Poland, Por- ‘‘(6) PERSON.—The term ‘person’ means— ‘‘(II) to induce other physical, chemical, and tugal, Saudi Arabia, the Slovak Republic, ‘‘(A) any individual; biological processes as a result of contact with— Spain, Sweden, Switzerland, and the United ‘‘(B) any corporation, company, association, ‘‘(aa) lung cells; and Kingdom; firm, partnership, joint venture, sole proprietor- ‘‘(bb) other cells and fluids in the human body (24) asbestos was banned throughout the Eu- ship, or other for-profit or nonprofit business connected to a disease; ropean Union in 2005; and entity (including any manufacturer, importer, ‘‘(ii) a description of the means by which to (25) banning asbestos from being used in or distributor, or processor); identify, distinguish, and measure any non- imported into the United States will provide cer- ‘‘(C) any Federal, State, or local department, asbestiform mineral or elongated mineral par- tainty to manufacturers, builders, environ- agency, or instrumentality; and ticle that— mental remediation firms, workers, and con- ‘‘(D) any interstate body. ‘‘(I) may cause any disease or health effect, as sumers that after a specific date, asbestos will ‘‘SEC. 222. NATIONAL INSTITUTE FOR OCCUPA- determined by the Director, including— not be used, added, or allowed to be knowingly TIONAL SAFETY AND HEALTH STUD- ‘‘(aa) mesothelioma; present as a contaminant in new construction IES. ‘‘(bb) any other form of cancer; and and manufacturing materials used in this coun- ‘‘(a) STUDIES.— ‘‘(cc) any other non-cancer form of disease; try. ‘‘(1) CURRENT STATE OF SCIENCE STUDY.— and

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(b) and (c); and ‘‘(iii) PUBLIC PARTICIPATION.—In conducting ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) not later than 2 years after the date of the review of the exemption provided under sub- There are authorized to be appropriated such enactment of this subtitle, final regulations paragraph (A), the Administrator shall provide sums as are necessary to carry out this sub- that, effective beginning 60 days after the date public notice and a 30-day period of public com- section. of promulgation, prohibit persons from import- ment. ‘‘(b) METHODOLOGY STUDY.— ing, manufacturing, processing, or distributing ‘‘(C) DECISION RELATING TO EXTENSION OF EX- ‘‘(1) IN GENERAL.—On the date on which the in commerce asbestos-containing materials. EMPTION.—Upon completion of a review of a di- Director submits the report described in sub- ‘‘(b) EXEMPTIONS.— aphragm electrolysis installation under sub- section (a)(2)(B), the Director shall initiate a ‘‘(1) IN GENERAL.—Any person may petition paragraph (B)(i), if the Administrator deter- study— the Administrator for, and the Administrator mines that the diaphragm electrolysis installa- ‘‘(A) to develop improved sampling and ana- may grant, an exemption from the requirements tion poses an unreasonable risk of injury to lytical methods for non-asbestiform minerals of subsection (a) if the Administrator determines health or the environment, the Administrator and elongated mineral particles; and that— may terminate the exemption provided to the di- ‘‘(B) to clarify the mechanism of action. ‘‘(A) the exemption would not result in an un- aphragm electrolysis installation under sub- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— reasonable risk of injury to health or the envi- paragraph (A). There are authorized to be appropriated such ronment; and ‘‘(c) DISPOSAL.— sums as are necessary to carry out this sub- ‘‘(B) the person has made good faith efforts to ‘‘(1) IN GENERAL.—Except as provided in para- section. develop, but has been unable to develop, a sub- graph (2), not later than 2 years after the date ‘‘SEC. 223. PUBLIC EDUCATION PROGRAM. stance, or identify a mineral, that— of enactment of this subtitle, each person that ‘‘(a) IN GENERAL.—Not later than 1 year after ‘‘(i) does not present an unreasonable risk of possesses asbestos-containing material that is the date of enactment of this subtitle, the Ad- injury to health or the environment; and subject to the prohibition established under this ministrator, in consultation with the Chairman ‘‘(ii) may be substituted for an asbestos-con- section shall dispose of the asbestos-containing of the Consumer Product Safety Commission, taining material. material, by a means that is in compliance with the Director of the Centers for Disease Control ‘‘(2) TERMS AND CONDITIONS.—An exemption applicable Federal, State, and local require- and Prevention, and the Secretary of Labor, granted under this subsection shall be in effect ments. shall establish a plan— for such period (not to exceed a total of 3 years) ‘‘(2) EXEMPTION.—Nothing in paragraph (1)— ‘‘(1) to increase awareness of the dangers and subject to such terms and conditions as the ‘‘(A) applies to asbestos-containing material posed by— Administrator may prescribe. that— ‘‘(A) products having asbestos-containing ma- ‘‘(3) GOVERNMENTAL USE.— ‘‘(i) is no longer in the stream of commerce; or terials in homes and workplaces; and ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(ii) is in the possession of an end user; or ‘‘(B) asbestos-related diseases; provide an exemption from the requirements of ‘‘(B) requires that asbestos-containing mate- ‘‘(2) to provide current and comprehensive in- subsection (a), without review or limit on dura- rial described in subparagraph (A) be removed formation to asbestos-related disease patients, tion, if the exemption for asbestos-containing or replaced. family members of patients, and front-line material is— ‘‘(d) COMPLIANCE TESTING.— health care providers on— ‘‘(i) sought by the Secretary of Defense and ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(A) the dangers of asbestos exposure; the Secretary certifies, and provides a copy of and in accordance with paragraph (3), not later ‘‘(B) asbestos-related labeling information; that certification to the Administrator and Con- than 1 year after the date on which the Admin- ‘‘(C) health effects of exposure to asbestos; gress, that— istrator promulgates the regulations under sub- ‘‘(D) symptoms of asbestos exposure; and ‘‘(I) use of the asbestos containing material is section (a), and annually thereafter, to ensure ‘‘(E) available and developing treatments for necessary to the critical functions of the Depart- asbestos-related diseases, including clinical compliance with those regulations, the Adminis- ment; trator shall carry out tests on an appropriate trials; ‘‘(II) no reasonable alternatives to the asbes- ‘‘(3) to encourage asbestos-related disease pa- quantity of products, as determined by the Ad- tos containing material exist for the intended ministrator, to determine if the products have tients, family members of patients, and front- purpose; and line health care providers to participate in re- asbestos-containing material. ‘‘(III) use of the asbestos containing material ‘‘(2) EXEMPTED PRODUCTS.—In carrying out search and treatment endeavors relating to as- will not result in an unreasonable risk to health bestos; and the compliance testing under paragraph (1), the or the environment; or Administrator shall not carry out any test on ‘‘(4) to encourage health care providers and ‘‘(ii) sought by the Administrator of the Na- researchers to provide to asbestos-related disease any product that contains any material that is tional Aeronautics and Space Administration the subject of an exemption described in sub- patients and family members of patients infor- and the Administrator of the National Aero- mation relating to research, diagnostic, and section (b). nautics and Space Administration certifies, and ‘‘(3) APPROPRIATE TEST METHODOLOGIES.—In clinical treatments relating to asbestos. provides a copy of that certification to Congress, ‘‘(b) GREATEST RISKS.—In establishing the carrying out the compliance testing under para- that— graph (1), the Administrator shall use the ap- program, the Administrator shall give priority to ‘‘(I) the asbestos-containing material is nec- products that have asbestos-containing mate- propriate test methodology for each product essary to the critical functions of the National that is the subject of the compliance testing. rials and are used by consumers and workers Aeronautics and Space Administration; that pose the greatest risk of injury to human ‘‘(4) ANNUAL REPORT.— ‘‘(II) no reasonable alternatives to the asbes- ‘‘(A) IN GENERAL.—Upon completion of each health. tos-containing material exist for the intended ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— annual testing period described in paragraph purpose; and (1), the Administrator shall prepare a report for There are authorized to be appropriated such ‘‘(III) the use of the asbestos-containing mate- sums as are necessary to carry out this section. the annual testing period covered by the report, rial will not result in an unreasonable risk to describing those products that have asbestos- ‘‘Subtitle C—Prohibition on Asbestos- health or the environment. containing material. Containing Materials ‘‘(B) ADMINISTRATIVE PROCEDURE ACT.—Any ‘‘(B) PUBLIC AVAILABILITY.—Not later than 90 ‘‘SEC. 231. DEFINITION OF DISTRIBUTE IN COM- exemption provided by the Administrator under days after the date of completion of each an- MERCE. subparagraph (A), and any certification made nual testing period described in paragraph (1), ‘‘In this subtitle: by the Secretary of Defense under subparagraph the Administrator shall make the report for the ‘‘(1) IN GENERAL.—The term ‘distribute in com- (A)(i) shall not be subject to the provisions of annual testing period covered by the report merce’ has the meaning given the term in section subchapter II of chapter 5, and chapter 7, of available to the public.’’. 3. title 5, United States Code (commonly known as (b) CONFORMING AMENDMENT.—The table of ‘‘(2) EXCLUSIONS.—The term ‘distribute in the ‘Administrative Procedure Act’). contents in sections 1 of the Toxic Substances commerce’ does not include— IAPHRAGMS FOR EXISTING ELECTROLYSIS ‘‘(4) D Control Act (15 U.S.C. prec. 2601) is amended— ‘‘(A) the possession of an asbestos-containing INSTALLATIONS.— (1) by inserting before the item relating to sec- material by a person that is an end user; or ‘‘(A) IN GENERAL.—The requirements of sub- tion 201 the following: ‘‘(B) the possession of an asbestos-containing section (a) shall not apply to any diaphragm material by a person solely for the purpose of electrolysis installation in existence as of the ‘‘Subtitle A—General Provisions’’; disposal of the asbestos-containing material in date of enactment of this subtitle. and compliance with applicable Federal, State, and ‘‘(B) REVIEW.— (2) by adding at the end of the items relating local requirements. ‘‘(i) IN GENERAL.—Not later than 3 years after to title II the following: ‘‘SEC. 232. PROHIBITION ON ASBESTOS-CON- the date of enactment of this subtitle, and every TAINING MATERIALS. 6 years thereafter, the Administrator shall re- ‘‘Subtitle B—Asbestos-Containing Products ‘‘(a) IN GENERAL.—Subject to subsection (b), view the exemption provided under subpara- ‘‘Sec. 221. Definitions. the Administrator shall promulgate— graph (A) to determine the appropriateness of ‘‘Sec. 222. National Institute for Occupational ‘‘(1) not later than 1 year after the date of en- the exemption. Safety and Health report and actment of this subtitle, proposed regulations ‘‘(ii) SCOPE.—In conducting the review of the study. that— exemption provided under subparagraph (A), ‘‘Sec. 223. Public education program.

VerDate Aug 31 2005 01:55 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 6343 E:\CR\FM\A04OC6.035 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12731 ‘‘Subtitle C—Prohibition on Asbestos- ‘‘(B) have access to an appropriate population On page 24, line 23, strike ‘‘(10)’’ and insert Containing Materials of patients with asbestos-related diseases; and ‘‘(6)’’. ‘‘Sec. 231. Prohibition on asbestos-containing ‘‘(C) are geographically distributed through- On page 25, strike lines 1 through 3. materials.’’. out the United States, with special consider- On page 25, line 4, strike ‘‘(12)’’ and insert ation given to areas of high incidence of asbes- ‘‘(7)’’. SEC. 4. ASBESTOS-RELATED DISEASES. On page 25, line 7, strike ‘‘(13)’’ and insert Subpart 1 of part C of title IV of the Public tos-related diseases. ‘‘(2) REQUIREMENTS.—Each center selected ‘‘(8)’’. Health Service Act (42 U.S.C. 285 et seq.) is On page 25, line 11, strike ‘‘(14)(A)’’ and in- amended by adding at the end the following: under paragraph (1) shall— ‘‘(A) be chosen by the Director of NIH after sert ‘‘(9)(A)’’. ‘‘SEC. 417E. RESEARCH ON ASBESTOS-RELATED On page 25, line 20, strike ‘‘(15)’’ and insert competitive peer review; DISEASES. ‘‘(10)’’. ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(B) conduct laboratory and clinical research, On page 25, line 23, strike ‘‘(16)’’ and insert through the Director of NIH and the Director of including clinical trials, relating to— ‘‘(11)’’. the Centers for Disease Control and Prevention, ‘‘(i) mechanisms for effective therapeutic On page 26, line 1, strike ‘‘(17)’’ and insert shall expand, intensify, and coordinate pro- treatment of asbestos-related diseases; ‘‘(12)’’. grams for the conduct and support of research ‘‘(ii) early detection and prevention of asbes- On page 26, line 6, strike ‘‘(18)’’ and insert on diseases caused by exposure to asbestos, par- tos-related diseases; ‘‘(13)’’. ticularly mesothelioma, asbestosis, and pleural ‘‘(iii) palliation of asbestos-related disease On page 26, line 10, strike ‘‘(19)’’ and insert injuries. symptoms; and ‘‘(14)’’. ‘‘(b) ADMINISTRATION.—The Secretary shall ‘‘(iv) pain management with respect to asbes- On page 26, line 15, strike ‘‘(20)’’ and insert carry out this section in collaboration with— tos-related diseases; ‘‘(15)’’. ‘‘(1) the Administrator of the Agency for Toxic ‘‘(C) offer to asbestos-related disease patients On page 26, line 19, strike ‘‘(21)’’ and insert Substances and Disease Registry; travel and lodging assistance as necessary— ‘‘(16)’’. ‘‘(2) the Director of the National Institute for ‘‘(i) to accommodate the maximum number of On page 27, line 1, strike ‘‘(22)’’ and insert Occupational Safety and Health; and patients practicable; and ‘‘(17)’’. ‘‘(3) the head of any other agency, as the Sec- ‘‘(ii) to serve a number of patients at the cen- On page 27, line 6, strike ‘‘(23)’’ and insert retary determines to be appropriate. ter sufficient to conduct a meaningful clinical ‘‘(18)’’. On page 27, line 15, strike ‘‘(24)’’ and insert ‘‘(c) ASBESTOS-RELATED DISEASE REGISTRY.— trial; ‘‘(19)’’. ‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘(D) seek to collaborate with at least 1 med- the date of enactment of this section, the Direc- On page 27, line 17, strike ‘‘(25)’’ and insert ical center of the Department of Veterans Af- ‘‘(20)’’. tor of the Centers for Disease Control and Pre- fairs to provide research benefits and care to vention, in cooperation with the Director of the veterans who have suffered excessively from as- The committee amendment in the National Institute for Occupational Safety and bestos-related diseases, particularly mesothe- nature of a substitute, as amended, was Health and the Administrator of the Agency for lioma; and agreed to. Toxic Substances and Disease Registry, shall es- ‘‘(E) coordinate the research and treatment ef- The amendment (No. 3258) was agreed tablish a mechanism by which to obtain, coordi- forts of the center (including specimen sharing to, as follows: nate, and provide data and specimens from— and use of common infomatics) with other enti- Amend the title so as to read: ‘‘To amend ‘‘(A) State cancer registries and other cancer ties included in— the Toxic Substances Control Act to reduce registries; ‘‘(i) the Network; and ‘‘(B) the National Mesothelioma Virtual Reg- the health risks posed by asbetos-containing ‘‘(ii) the National Virtual Mesothelioma Reg- materials and products having asbestos-con- istry and Tissue Bank; and istry and Tissue Bank. ‘‘(C) each entity participating in the asbestos- taining material, and for other purposes.’’. ‘‘(3) PERIOD OF INCLUSION.—A center selected related disease research and treatment network The bill was ordered to be engrossed by the Director of NIH under this subsection established under section 417F(a). shall be included in the Network for— for a third reading, was read the third ‘‘(2) TREATMENT.—The data and specimens ‘‘(A) the 1-year period beginning on the date time and passed, as follows: described in paragraph (1) shall form the basis of selection of the center; or S. 742 for establishing a national clearinghouse for ‘‘(B) such longer period as the Director of NIH Be it enacted by the Senate and House of Rep- data and specimens relating to asbestos-related determines to be appropriate. resentatives of the United States of America in diseases, with a particular emphasis on meso- ‘‘(d) GRANTS.—The Director of NIH shall pro- Congress assembled, thelioma. vide to each center selected for inclusion in the SECTION 1. SHORT TITLE. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts made available for the pur- Network under subsection (c) for the fiscal year This Act may be cited as the ‘‘Ban Asbes- poses described in subsection (a) under other a grant in an amount equal to $1,000,000 to sup- tos in America Act of 2007’’. law, there are authorized to be appropriated to port the detection, prevention, treatment, and SEC. 2. FINDINGS. carry out this section such sums as are nec- cure of asbestos-related diseases, with particular Congress finds that— essary for fiscal year 2008 and each fiscal year emphasis on malignant mesothelioma. (1)(A) the Administrator of the Environ- thereafter. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— mental Protection Agency has classified as- There is authorized to be appropriated to carry bestos as a category A human carcinogen, ‘‘SEC. 417F. ASBESTOS-RELATED DISEASE RE- SEARCH AND TREATMENT NETWORK. out this section $10,000,000 for each of fiscal the highest cancer hazard classification for a ‘‘(a) ESTABLISHMENT.—For each of fiscal years 2008 through 2012. substance; and years 2008 through 2012, the Director of NIH, in ‘‘SEC. 417G. DEPARTMENT OF DEFENSE RE- (B) the International Agency for Research collaboration with other applicable Federal, SEARCH. on Cancer has classified asbestos as a class 1 State, and local agencies and departments, shall ‘‘(a) IN GENERAL.—The Secretary, acting human carcinogen; establish and maintain an asbestos-related dis- through the United States Army Medical Re- (2) many people in the United States incor- ease research and treatment network (referred search and Materiel Command, shall support re- rectly believe that— to in this section as the ‘Network’) to support search on mesothelioma and other asbestos-re- (A) asbestos has been banned in the United the detection, prevention, treatment, and cure of lated diseases that has clear scientific value and States; and (B) there is no risk of exposure to asbestos asbestos-related diseases, with particular em- direct relevance to the health of members and through the use of new commercial products; phasis on malignant mesothelioma. veterans of the Armed Forces, in accordance ‘‘(b) INCLUSIONS.—The Network shall in- with the appropriate congressionally directed (3) the United States Geological Survey re- clude— medical research program, with the goal of ad- ported that, in 2006, the United States used ‘‘(1) intramural research initiatives of the Na- vancing the understanding, early detection, and 2,000 metric tons of asbestos, of which ap- tional Institutes of Health; and treatment of asbestos-related mesothelioma and proximately— ‘‘(2) at least 10 extramural asbestos-related other asbestos-related diseases. (A) 55 percent was used in roofing products; disease research and treatment centers, as se- ‘‘(b) ADMINISTRATION.—The Secretary shall (B) 26 percent was used in coatings; and lected by the Director of NIH in accordance with carry out this section in collaboration with— (C) 19 percent was used in other products, subsection (c). ‘‘(1) the Director of NIH; such as friction products; ‘‘(c) EXTRAMURAL ASBESTOS-RELATED DISEASE ‘‘(2) the Director of the National Institute of (4) the Department of Commerce estimates RESEARCH AND TREATMENT CENTERS.— Occupational Safety and Health; and that the United States imports more than ‘‘(1) IN GENERAL.—For each fiscal year during ‘‘(3) the head of any other agency, as the Sec- $100,000,000 of brake parts per year; which the Network is operated and maintained retary determines to be appropriate. (5) available evidence suggests that— under subsection (a), the Director of NIH shall ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (A) imports of some types of asbestos-con- select for inclusion in the Network not less than There are authorized to be appropriated to carry taining products are increasing; and 10 nonprofit hospitals, universities, or medical out this section such sums as are necessary for (B) some of those products are imported or research institutions incorporated or orga- fiscal year 2008 and each fiscal year there- from foreign countries in which asbestos is nized in the United States that, as determined after.’’. poorly regulated; by the Director of NIH— (6) families of workers are put at risk be- ‘‘(A) have exemplary experience and quali- The amendment (No. 3257) was agreed cause of asbestos brought home by the work- fications in research and treatment of asbestos- to, as follows: ers on the shoes, clothes, skin, and hair of related diseases; On page 24, strike lines 10 through 22. the workers;

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.035 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12732 CONGRESSIONAL RECORD — SENATE October 4, 2007 (7) the National Institutes of Health re- (A) in each of subparagraphs (A) through study and, not later than 1 year after the ported to Congress in 2006 that mesothelioma (D), by striking the commas at the end of the date of enactment of this subtitle, submit to is a difficult disease to detect, diagnose, and subparagraphs and inserting semicolons; the Administrator, the Committees on Envi- treat; (B) in subparagraph (E), by striking ‘‘, or’’ ronment and Public Works and Health, Edu- (8) the Environmental Working Group esti- and inserting a semicolon; cation, Labor, and Pensions of the Senate, mates that as many as 10,000 citizens of the (C) in subparagraph (F), by striking the pe- the Committees on Energy and Commerce United States die each year from mesothe- riod at the end and inserting a semicolon; and Education and Labor of the House of lioma and other asbestos-related diseases; and Representatives, and other Federal agencies (9)(A) mesothelioma responds poorly to (D) by adding at the end the following: a report containing— conventional chemotherapy; and ‘‘(G) any material formerly classified as ‘‘(i) a description of the current state of (B) although new combination treatments tremolite, including— the science relating to— for mesothelioma have demonstrated some ‘‘(i) winchite asbestos; and ‘‘(I) the disease mechanisms and health ef- benefits— ‘‘(ii) richterite asbestos; and fects of exposure to non-asbestiform min- (i) the median survival period for mesothe- ‘‘(H) any asbestiform amphibole mineral.’’; erals and elongated mineral particles; and lioma is only 1 year after diagnosis of the and ‘‘(II) methods for measuring and analyzing disease; and (3) by adding at the end the following: non-asbestiform minerals and elongated (ii) the majority of mesothelioma patients ‘‘Subtitle B—Asbestos-Containing Products mineral particles; and die within 2 years of diagnosis of the disease; ‘‘(ii) recommendations for— (10) in hearings before Congress in the ‘‘SEC. 221. DEFINITIONS. ‘‘In this subtitle: ‘‘(I) future research relating to diseases early 1970s, the example of asbestos was used ‘‘(1) APPROPRIATE FEDERAL ENTITY.—The caused by exposure to— to justify the need for comprehensive legisla- term ‘appropriate Federal entity’ means any ‘‘(aa) non-asbestiform minerals; and tion on toxic substances; appropriate Federal entity, as determined by ‘‘(bb) elongated mineral particles; (11) in 1976, Congress passed the Toxic Sub- the Director, including— ‘‘(II) exposure assessment practice needs; stances Control Act (15 U.S.C. 2601 et seq.); ‘‘(A) the Agency for Toxic Substances and ‘‘(III) any new classification of naturally (12) in 1989, the Administrator of the Envi- Disease Registry; occurring elongated mineral particles; and ronmental Protection Agency promulgated ‘‘(B) the Department of Health and Human ‘‘(IV) 1 or more definitions and dimensions final regulations under title II of the Toxic Services; to be used for the quantification and risk as- Substances Control Act (15 U.S.C. 2641 et ‘‘(C) the Environmental Protection Agen- sessment of— seq.) to phase out asbestos in consumer prod- cy; ‘‘(aa) non-asbestiform minerals; and ucts by 1997; ‘‘(D) the Mine Safety and Health Adminis- ‘‘(bb) elongated mineral particles. (13) in 1991, the United States Court of Ap- tration; ‘‘(B) COMPONENTS.—The report described in peals for the 5th Circuit overturned portions ‘‘(E) the National Institute of Standards subparagraph (A) shall include— of the regulations, and the Federal Govern- and Technology; ‘‘(i) peer-reviewed published literature; ment did not appeal the decision to the Su- ‘‘(F) the United States Geological Survey; ‘‘(ii) regulatory decisions; and preme Court; ‘‘(G) the National Institute of Environ- ‘‘(iii) information obtained from the Na- (14) as a result, while new applications for mental Health Sciences; tional Institute for Occupational Safety As- asbestos were banned, asbestos is still being ‘‘(H) the National Institute for Occupa- bestos Research Roadmap. imported and used, and is otherwise present tional Safety and Health; and ‘‘(2) MODE OF ACTION AND HEALTH EFFECTS as a contaminant, in some consumer and in- ‘‘(I) the Occupational Health and Safety STUDY.— dustrial products in the United States; Administration. ‘‘(A) IN GENERAL.—The Director, in con- (15) the National Cancer Institute recog- ‘‘(2) ASBESTOS-CONTAINING PRODUCT.—The sultation with the Environmental Protection nizes a clear need for new agents to improve term ‘asbestos-containing product’ means Agency, the National Academy of Sciences, the outlook for patients with mesothelioma any product (including any part) to which and appropriate Federal entities, shall con- and other asbestos-related diseases; asbestos is deliberately or knowingly added duct a study— (16) the National Institutes of Health or in which asbestos is deliberately used or ‘‘(i) to evaluate the known or potential should continue to improve detection, treat- knowingly present in any concentration. mode of action and health effects of— ment, and management of asbestos-related ‘‘(3) ELONGATED MINERAL PARTICLE.—The ‘‘(I) non-asbestiform minerals; and diseases, such as mesothelioma, including by term ‘elongated mineral particle’ means a ‘‘(II) elongated mineral particles; and providing continued support for the pleural single crystal or similarly elongated ‘‘(ii) to develop recommendations for a mesothelioma treatment and research pro- polycrystalline aggregate particle with a means by which to identify, distinguish, and gram and peritoneal surgical initiatives; length to width ratio of 3 to 1 or greater. measure any non-asbestiform mineral or (17) the Department of Defense should ‘‘(4) BIOPERSISTENT ELONGATED MINERAL elongated mineral particle that— study diseases related to asbestos exposure PARTICLE.—The term ‘biopersistent elon- ‘‘(I) may cause any disease or health effect; in the military and veteran population, in- gated mineral particle’ means an elongated or cluding by conducting research in coordina- mineral particle that— ‘‘(II) does not cause any disease or health tion with the National Institutes of Health ‘‘(A) occurs naturally in the environment; effect. on the early detection and treatment of and ‘‘(B) REPORT.—Not later than 18 months mesothelioma; ‘‘(B) is similar to asbestos in— after the date of enactment of this subtitle, (18) with some exceptions relating to cer- ‘‘(i) resistance to dissolution; the Director shall submit to the Committees tain uses, asbestos has been banned in 40 ‘‘(ii) leaching; and on Environment and Public Works and countries, including Argentina, Australia, ‘‘(iii) other physical, chemical, or biologi- Health, Education, Labor, and Pensions of Austria, Belgium, Chile, Croatia, the Czech cal processes expected from contact with the Senate, and the Committees on Energy Republic, Denmark, Estonia, Finland, lung cells and other cells and fluids in the and Commerce and Education and Labor of France, Germany, Iceland, Ireland, Italy, human body. the House of Representatives, a report con- Japan, Latvia, Luxembourg, the Nether- ‘‘(5) DIRECTOR.—The term ‘Director’ means taining— lands, Norway, Poland, Portugal, Saudi Ara- the Director of the National Institute for Oc- ‘‘(i) a description of the manner by which bia, the Slovak Republic, Spain, Sweden, cupational Safety and Health. non-asbestiform minerals and elongated Switzerland, and the United Kingdom; ‘‘(6) PERSON.—The term ‘person’ means— mineral particles possess the ability to re- (19) asbestos was banned throughout the ‘‘(A) any individual; main biopersistent in the human body, with European Union in 2005; and ‘‘(B) any corporation, company, associa- regard to the ability of non-asbestiform min- (20) banning asbestos from being used in or tion, firm, partnership, joint venture, sole erals and elongated mineral particles— imported into the United States will provide proprietorship, or other for-profit or non- ‘‘(I) to exhibit resistence to dissolution and certainty to manufacturers, builders, envi- profit business entity (including any manu- leaching; and ronmental remediation firms, workers, and facturer, importer, distributor, or processor); ‘‘(II) to induce other physical, chemical, consumers that after a specific date, asbes- ‘‘(C) any Federal, State, or local depart- and biological processes as a result of con- tos will not be used, added, or allowed to be ment, agency, or instrumentality; and tact with— knowingly present as a contaminant in new ‘‘(D) any interstate body. ‘‘(aa) lung cells; and construction and manufacturing materials ‘‘(bb) other cells and fluids in the human used in this country. ‘‘SEC. 222. NATIONAL INSTITUTE FOR OCCUPA- TIONAL SAFETY AND HEALTH STUD- body connected to a disease; SEC. 3. ASBESTOS-CONTAINING PRODUCTS. IES. ‘‘(ii) a description of the means by which (a) IN GENERAL.—Title II of the Toxic Sub- ‘‘(a) STUDIES.— to identify, distinguish, and measure any stances Control Act (15 U.S.C. 2641 et seq.) is ‘‘(1) CURRENT STATE OF SCIENCE STUDY.— non-asbestiform mineral or elongated min- amended— ‘‘(A) IN GENERAL.—The Director, in con- eral particle that— (1) by inserting before section 201 (15 U.S.C. sultation with the United States Geological ‘‘(I) may cause any disease or health effect, 2641) the following: Survey, the Environmental Protection Agen- as determined by the Director, including— ‘‘Subtitle A—General Provisions’’; cy, the National Academy of Sciences, and ‘‘(aa) mesothelioma; (2) in section 202(3) (15 U.S.C. 2642(3))— appropriate Federal entities, shall conduct a ‘‘(bb) any other form of cancer; and

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.034 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12733

‘‘(cc) any other non-cancer form of disease; ‘‘SEC. 232. PROHIBITION ON ASBESTOS-CON- ‘‘(A) IN GENERAL.—The requirements of and TAINING MATERIALS. subsection (a) shall not apply to any dia- ‘‘(II) does not cause any disease or health ‘‘(a) IN GENERAL.—Subject to subsection phragm electrolysis installation in existence effect; and (b), the Administrator shall promulgate— as of the date of enactment of this subtitle. ‘‘(iii) recommendations for such controls ‘‘(1) not later than 1 year after the date of ‘‘(B) REVIEW.— as the Director determines to be appropriate enactment of this subtitle, proposed regula- ‘‘(i) IN GENERAL.—Not later than 3 years to protect human health. tions that— after the date of enactment of this subtitle, ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) prohibit persons from importing, and every 6 years thereafter, the Adminis- There are authorized to be appropriated such manufacturing, processing, or distributing in trator shall review the exemption provided sums as are necessary to carry out this sub- commerce asbestos-containing materials; under subparagraph (A) to determine the ap- section. and propriateness of the exemption. ‘‘(b) METHODOLOGY STUDY.— ‘‘(B) provide for implementation of sub- ‘‘(ii) SCOPE.—In conducting the review of ‘‘(1) IN GENERAL.—On the date on which the sections (b) and (c); and the exemption provided under subparagraph Director submits the report described in sub- ‘‘(2) not later than 2 years after the date of (A), the Administrator shall examine the section (a)(2)(B), the Director shall initiate a enactment of this subtitle, final regulations risk of injury to an individual relating to the study— that, effective beginning 60 days after the operation by the individual of each dia- ‘‘(A) to develop improved sampling and an- date of promulgation, prohibit persons from phragm electrolysis installation described in alytical methods for non-asbestiform min- importing, manufacturing, processing, or subparagraph (A). erals and elongated mineral particles; and distributing in commerce asbestos-con- ‘‘(iii) PUBLIC PARTICIPATION.—In con- ‘‘(B) to clarify the mechanism of action. taining materials. ducting the review of the exemption pro- vided under subparagraph (A), the Adminis- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) EXEMPTIONS.— trator shall provide public notice and a 30- There are authorized to be appropriated such ‘‘(1) IN GENERAL.—Any person may petition day period of public comment. sums as are necessary to carry out this sub- the Administrator for, and the Adminis- ‘‘(C) DECISION RELATING TO EXTENSION OF section. trator may grant, an exemption from the re- EXEMPTION.—Upon completion of a review of ‘‘SEC. 223. PUBLIC EDUCATION PROGRAM. quirements of subsection (a) if the Adminis- a diaphragm electrolysis installation under ‘‘(a) IN GENERAL.—Not later than 1 year trator determines that— subparagraph (B)(i), if the Administrator de- after the date of enactment of this subtitle, ‘‘(A) the exemption would not result in an the Administrator, in consultation with the termines that the diaphragm electrolysis in- unreasonable risk of injury to health or the stallation poses an unreasonable risk of in- Chairman of the Consumer Product Safety environment; and Commission, the Director of the Centers for jury to health or the environment, the Ad- ‘‘(B) the person has made good faith efforts ministrator may terminate the exemption Disease Control and Prevention, and the Sec- to develop, but has been unable to develop, a provided to the diaphragm electrolysis in- retary of Labor, shall establish a plan— substance, or identify a mineral, that— stallation under subparagraph (A). ‘‘(1) to increase awareness of the dangers ‘‘(i) does not present an unreasonable risk ‘‘(c) DISPOSAL.— posed by— of injury to health or the environment; and ‘‘(1) IN GENERAL.—Except as provided in ‘‘(A) products having asbestos-containing ‘‘(ii) may be substituted for an asbestos- paragraph (2), not later than 2 years after materials in homes and workplaces; and containing material. the date of enactment of this subtitle, each ‘‘(B) asbestos-related diseases; ‘‘(2) TERMS AND CONDITIONS.—An exemption person that possesses asbestos-containing ‘‘(2) to provide current and comprehensive granted under this subsection shall be in ef- material that is subject to the prohibition information to asbestos-related disease pa- fect for such period (not to exceed a total of established under this section shall dispose tients, family members of patients, and 3 years) and subject to such terms and condi- of the asbestos-containing material, by a front-line health care providers on— tions as the Administrator may prescribe. means that is in compliance with applicable ‘‘(A) the dangers of asbestos exposure; ‘‘(3) GOVERNMENTAL USE.— Federal, State, and local requirements. ‘‘(B) asbestos-related labeling information; ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(2) EXEMPTION.—Nothing in paragraph ‘‘(C) health effects of exposure to asbestos; provide an exemption from the requirements (1)— ‘‘(D) symptoms of asbestos exposure; and of subsection (a), without review or limit on ‘‘(A) applies to asbestos-containing mate- ‘‘(E) available and developing treatments duration, if the exemption for asbestos-con- rial that— for asbestos-related diseases, including clin- taining material is— ‘‘(i) is no longer in the stream of com- ical trials; ‘‘(i) sought by the Secretary of Defense and merce; or ‘‘(3) to encourage asbestos-related disease the Secretary certifies, and provides a copy ‘‘(ii) is in the possession of an end user; or patients, family members of patients, and of that certification to the Administrator ‘‘(B) requires that asbestos-containing ma- front-line health care providers to partici- and Congress, that— terial described in subparagraph (A) be re- pate in research and treatment endeavors re- ‘‘(I) use of the asbestos containing mate- moved or replaced. lating to asbestos; and rial is necessary to the critical functions of ‘‘(d) COMPLIANCE TESTING.— ‘‘(4) to encourage health care providers and the Department; ‘‘(1) IN GENERAL.—Subject to paragraph (2), researchers to provide to asbestos-related ‘‘(II) no reasonable alternatives to the as- and in accordance with paragraph (3), not disease patients and family members of pa- bestos containing material exist for the in- later than 1 year after the date on which the tients information relating to research, diag- tended purpose; and Administrator promulgates the regulations nostic, and clinical treatments relating to ‘‘(III) use of the asbestos containing mate- under subsection (a), and annually there- asbestos. rial will not result in an unreasonable risk after, to ensure compliance with those regu- ‘‘(b) GREATEST RISKS.—In establishing the to health or the environment; or lations, the Administrator shall carry out program, the Administrator shall give pri- ‘‘(ii) sought by the Administrator of the tests on an appropriate quantity of products, ority to products that have asbestos-con- National Aeronautics and Space Administra- as determined by the Administrator, to de- taining materials and are used by consumers tion and the Administrator of the National termine if the products have asbestos-con- and workers that pose the greatest risk of Aeronautics and Space Administration cer- taining material. injury to human health. tifies, and provides a copy of that certifi- ‘‘(2) EXEMPTED PRODUCTS.—In carrying out ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— cation to Congress, that— the compliance testing under paragraph (1), There are authorized to be appropriated such ‘‘(I) the asbestos-containing material is the Administrator shall not carry out any sums as are necessary to carry out this sec- necessary to the critical functions of the Na- test on any product that contains any mate- tion. tional Aeronautics and Space Administra- rial that is the subject of an exemption de- ‘‘Subtitle C—Prohibition on Asbestos- tion; scribed in subsection (b). Containing Materials ‘‘(II) no reasonable alternatives to the as- ‘‘(3) APPROPRIATE TEST METHODOLOGIES.—In ‘‘SEC. 231. DEFINITION OF DISTRIBUTE IN COM- bestos-containing material exist for the in- carrying out the compliance testing under MERCE. tended purpose; and paragraph (1), the Administrator shall use ‘‘In this subtitle: ‘‘(III) the use of the asbestos-containing the appropriate test methodology for each ‘‘(1) IN GENERAL.—The term ‘distribute in material will not result in an unreasonable product that is the subject of the compliance commerce’ has the meaning given the term risk to health or the environment. testing. in section 3. ‘‘(B) ADMINISTRATIVE PROCEDURE ACT.—Any ‘‘(4) ANNUAL REPORT.— ‘‘(2) EXCLUSIONS.—The term ‘distribute in exemption provided by the Administrator ‘‘(A) IN GENERAL.—Upon completion of each commerce’ does not include— under subparagraph (A), and any certifi- annual testing period described in paragraph ‘‘(A) the possession of an asbestos-con- cation made by the Secretary of Defense (1), the Administrator shall prepare a report taining material by a person that is an end under subparagraph (A)(i) shall not be sub- for the annual testing period covered by the user; or ject to the provisions of subchapter II of report, describing those products that have ‘‘(B) the possession of an asbestos-con- chapter 5, and chapter 7, of title 5, United asbestos-containing material. taining material by a person solely for the States Code (commonly known as the ‘Ad- ‘‘(B) PUBLIC AVAILABILITY.—Not later than purpose of disposal of the asbestos-con- ministrative Procedure Act’). 90 days after the date of completion of each taining material in compliance with applica- ‘‘(4) DIAPHRAGMS FOR EXISTING ELEC- annual testing period described in paragraph ble Federal, State, and local requirements. TROLYSIS INSTALLATIONS.— (1), the Administrator shall make the report

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.034 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12734 CONGRESSIONAL RECORD — SENATE October 4, 2007 for the annual testing period covered by the ment network (referred to in this section as ‘‘SEC. 417G. DEPARTMENT OF DEFENSE RE- report available to the public.’’. the ‘Network’) to support the detection, pre- SEARCH. (b) CONFORMING AMENDMENT.—The table of vention, treatment, and cure of asbestos-re- ‘‘(a) IN GENERAL.—The Secretary, acting contents in sections 1 of the Toxic Sub- lated diseases, with particular emphasis on through the United States Army Medical Re- stances Control Act (15 U.S.C. prec. 2601) is malignant mesothelioma. search and Materiel Command, shall support amended— ‘‘(b) INCLUSIONS.—The Network shall in- research on mesothelioma and other asbes- (1) by inserting before the item relating to clude— tos-related diseases that has clear scientific section 201 the following: ‘‘(1) intramural research initiatives of the value and direct relevance to the health of ‘‘Subtitle A—General Provisions’’; National Institutes of Health; and members and veterans of the Armed Forces, ‘‘(2) at least 10 extramural asbestos-related in accordance with the appropriate congres- and disease research and treatment centers, as sionally directed medical research program, (2) by adding at the end of the items relat- selected by the Director of NIH in accord- with the goal of advancing the under- ing to title II the following: ance with subsection (c). standing, early detection, and treatment of ‘‘Subtitle B—Asbestos-Containing Products ‘‘(c) EXTRAMURAL ASBESTOS-RELATED DIS- asbestos-related mesothelioma and other as- ‘‘Sec. 221. Definitions. EASE RESEARCH AND TREATMENT CENTERS.— bestos-related diseases. ‘‘Sec. 222. National Institute for Occupa- ‘‘(1) IN GENERAL.—For each fiscal year dur- ‘‘(b) ADMINISTRATION.—The Secretary shall tional Safety and Health report ing which the Network is operated and main- carry out this section in collaboration and study. tained under subsection (a), the Director of with— ‘‘Sec. 223. Public education program. NIH shall select for inclusion in the Network ‘‘(1) the Director of NIH; ‘‘Subtitle C—Prohibition on Asbestos- not less than 10 nonprofit hospitals, univer- ‘‘(2) the Director of the National Institute Containing Materials sities, or medical or research institutions in- of Occupational Safety and Health; and corporated or organized in the United States ‘‘Sec. 231. Prohibition on asbestos-con- ‘‘(3) the head of any other agency, as the that, as determined by the Director of NIH— taining materials.’’. Secretary determines to be appropriate. ‘‘(A) have exemplary experience and quali- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— SEC. 4. ASBESTOS-RELATED DISEASES. fications in research and treatment of asbes- There are authorized to be appropriated to Subpart 1 of part C of title IV of the Public tos-related diseases; carry out this section such sums as are nec- Health Service Act (42 U.S.C. 285 et seq.) is ‘‘(B) have access to an appropriate popu- essary for fiscal year 2008 and each fiscal amended by adding at the end the following: lation of patients with asbestos-related dis- year thereafter.’’. ‘‘SEC. 417E. RESEARCH ON ASBESTOS-RELATED eases; and DISEASES. The PRESIDING OFFICER. The Sen- ‘‘(C) are geographically distributed ator from Washington. ‘‘(a) IN GENERAL.—The Secretary, acting throughout the United States, with special through the Director of NIH and the Director consideration given to areas of high inci- Mrs. MURRAY. Mr. President, I of the Centers for Disease Control and Pre- dence of asbestos-related diseases. thank all of my colleagues in the Sen- vention, shall expand, intensify, and coordi- ‘‘(2) REQUIREMENTS.—Each center selected ate for taking a moment this afternoon nate programs for the conduct and support of under paragraph (1) shall— to pass a very important piece of legis- research on diseases caused by exposure to ‘‘(A) be chosen by the Director of NIH after lation. What the Senate did was pass asbestos, particularly mesothelioma, asbes- competitive peer review; the Ban Asbestos in America Act of tosis, and pleural injuries. ‘‘(B) conduct laboratory and clinical re- ‘‘(b) ADMINISTRATION.—The Secretary shall 2007. This is a piece of legislation I search, including clinical trials, relating to— have been working on now for almost 7 carry out this section in collaboration ‘‘(i) mechanisms for effective therapeutic with— treatment of asbestos-related diseases; years. ‘‘(1) the Administrator of the Agency for ‘‘(ii) early detection and prevention of as- When I heard about Americans and Toxic Substances and Disease Registry; bestos-related diseases; people who were dying from asbestos, I ‘‘(2) the Director of the National Institute ‘‘(iii) palliation of asbestos-related disease thought to myself, my gosh, I thought for Occupational Safety and Health; and symptoms; and asbestos was banned many years ago. ‘‘(3) the head of any other agency, as the ‘‘(iv) pain management with respect to as- How can this be? Secretary determines to be appropriate. bestos-related diseases; Well, the fact is asbestos has never ‘‘(c) ASBESTOS-RELATED DISEASE REG- ‘‘(C) offer to asbestos-related disease pa- ISTRY.— been banned. In fact, today 2,500 metric tients travel and lodging assistance as nec- tons of asbestos are being imported ‘‘(1) IN GENERAL.—Not later than 1 year essary— after the date of enactment of this section, ‘‘(i) to accommodate the maximum number every year. It is in products such as the Director of the Centers for Disease Con- of patients practicable; and hair dryers, ceiling tiles, it is in brake trol and Prevention, in cooperation with the ‘‘(ii) to serve a number of patients at the pads, and over 3,000 other products Director of the National Institute for Occu- center sufficient to conduct a meaningful Americans are using and being exposed pational Safety and Health and the Adminis- clinical trial; to every day. trator of the Agency for Toxic Substances ‘‘(D) seek to collaborate with at least 1 I began, with Senator Paul and Disease Registry, shall establish a mech- medical center of the Department of Vet- anism by which to obtain, coordinate, and Wellstone, 6 years ago to try and pass erans Affairs to provide research benefits this legislation. Of course, I lost my provide data and specimens from— and care to veterans who have suffered ex- ‘‘(A) State cancer registries and other can- cessively from asbestos-related diseases, par- friend Senator Wellstone in an airplane cer registries; ticularly mesothelioma; and crash. I thought to myself: Wow, how ‘‘(B) the National Mesothelioma Virtual ‘‘(E) coordinate the research and treat- am I ever going to get this out of the Registry and Tissue Bank; and ment efforts of the center (including speci- Senate without his passion? ‘‘(C) each entity participating in the asbes- men sharing and use of common infomatics) Well, I was very fortunate because I tos-related disease research and treatment with other entities included in— found another partner who was just as network established under section 417F(a). ‘‘(i) the Network; and passionate, and he is here with us ‘‘(2) TREATMENT.—The data and specimens ‘‘(ii) the National Virtual Mesothelioma today, Senator ISAKSON from Georgia, described in paragraph (1) shall form the Registry and Tissue Bank. who took up this banner with me, who basis for establishing a national clearing- ‘‘(3) PERIOD OF INCLUSION.—A center se- house for data and specimens relating to as- lected by the Director of NIH under this sub- has worked this bill through every way bestos-related diseases, with a particular section shall be included in the Network possible, because he too looked in the emphasis on mesothelioma. for— eyes of those families who were losing ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) the 1-year period beginning on the loved ones, members of their families In addition to amounts made available for date of selection of the center; or today, because asbestos was exposing the purposes described in subsection (a) ‘‘(B) such longer period as the Director of under other law, there are authorized to be them to deadly diseases, and they were NIH determines to be appropriate. dying of mesothelioma. appropriated to carry out this section such ‘‘(d) GRANTS.—The Director of NIH shall sums as are necessary for fiscal year 2008 and provide to each center selected for inclusion I could not have done it without him. each fiscal year thereafter. in the Network under subsection (c) for the I thank him from the bottom of my ‘‘SEC. 417F. ASBESTOS-RELATED DISEASE RE- fiscal year a grant in an amount equal to heart for working this bill through SEARCH AND TREATMENT NET- $1,000,000 to support the detection, preven- every nook and cranny, every difficult WORK. tion, treatment, and cure of asbestos-related challenge we have had, every difficult ‘‘(a) ESTABLISHMENT.—For each of fiscal diseases, with particular emphasis on malig- sentence. years 2008 through 2012, the Director of NIH, nant mesothelioma. For anybody out there who thinks in collaboration with other applicable Fed- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— eral, State, and local agencies and depart- There is authorized to be appropriated to legislation passes without anybody ments, shall establish and maintain an as- carry out this section $10,000,000 for each of looking at it, we can tell you that bestos-related disease research and treat- fiscal years 2008 through 2012. every ‘‘T’’ has been crossed, every ‘‘I’’

VerDate Aug 31 2005 04:32 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.034 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12735 has been dotted, and this legislation, When inhaled, asbestos is known to differentiation of asbestos from other when it passes, is going to make a real cause diseases including mesothelioma, minerals especially in the natural, difference in the lives of Americans. a cancer that occurs when malignant mixed dust environment, are all com- I thank Senator BOXER, the chair of cells develop in the protective lining plex areas of science and it is time for the EPW Committee, who, when she around the lungs. Despite this hazard, the Federal Government to pool its ex- heard us working on this bill 7 or 8 the substance is not banned. pertise scattered among a half-dozen months ago now, said: Senator MUR- The EPA initially proposed a ban of agencies, to better understand the RAY, Senator ISAKSON, this bill is in my most asbestos-containing materials in risks and how to properly identify the jurisdiction. I am going to work with the late 1970s. The rule was not final- fibers of risk. you to get it passed. She has worked ized until 1989. Only 2 years later, how- Senator MURRAY is to be com- every single day through all of the ever, the Fifth Circuit struck down the plimented for her skill in crafting a challenges we have had, to this mo- rule, finding that the EPA had ‘‘failed bill that provides what we intend to be ment now, and what a moment it is. to muster substantial evidence’’ in sup- a level playing field that will produce a When I began this battle, I began it port of the ban. better understanding of the why’s and with two men I met who were dying of Today, the U.S. consumes about 2,000 how’s of life-threatening exposure to mesothelioma as a result of being ex- tons of asbestos yearly, down from al- asbestos, how to accurately identify posed to asbestos: Fred Biekkola and most 800,000 tons consumed in the mid– and measure it in the natural and Brian Harvey. I told them I would 1970s. Our bill will establish a perma- mixed dust environments, and how to stand with them every step of the way nent ban of asbestos that will be en- separate it from common everyday dirt until this bill was passed, sent to the forced by the Environmental Protec- and rocks critical to farming, home- President, and signed into law. tion Agency. building, construction and our every- I lost both Brian and Fred, because The bill also mandates the most day society. they died of mesothelioma. But I have thorough Government study of asbes- Our bill provides for research by Gov- met many others along the way too. tos to date. The study will ensure the ernment agencies including the world- Today I stand here on the floor of the best experts from the National Insti- renowned National Academy of Senate and I tell everyone, when you tute of Occupational Safety & Health, Sciences, calling on their input into believe in something, and you work the National Academy of Sciences and their input into the Federal studies, to hard, and you find good people to work the EPA examine all aspects of asbes- assure peer review and consideration of with you, you can make a difference. tos, including its natural properties, the best science and studies available. Because of the Freds and the Brians its geographic distribution across the It is essential that we bring the best and the many other people I have met, United States, and its effects on the science possible to bear on this most and my great colleagues on the floor of human body. important issue. the Senate, today we are making a dif- The bill also calls for a national Another difficult issue involved as- ference. We are well on our way to ban- mesothelioma registry and a public in- bestos-based filters used in the produc- ning the use of asbestos. formation campaign about the hazards tion of chlorine. Our bill includes a rea- It goes now to the House. We are of asbestos-containing materials. working to make sure the House gets For the few areas where asbestos is sonable compromise that protects the this passed and to the President’s desk. still used in the United States, this bill safety of the workers at these facilities I can tell everyone in America, when provides narrow exemptions or reason- and empowers the EPA to review the that bill is signed, we will no longer be able transitions to other alternatives. installations to ensure that the filters exposed to the importation and use of This bill is the culmination of pose no unreasonable risk to workers. asbestos in this country. You can pick months of bipartisan work to find com- Lastly, I want to commend the hard up your hair dryer, or know that the mon ground on this issue. With a work of our staff on this issue. Specifi- ceiling tiles you buy, or the brake pads sweeping bill such as this one, many cally, Bill Kamela with Senator MUR- that are in your car, or the mechanic issues were difficult to resolve. RAY, Mary Anne Dunlap with Senator who is exposed to it accidentally will One difficult issue to resolve involved INHOFE, Grant Cope with Senator no longer be exposed to it, and we will the treatment of nonasbestiform min- BOXER, Ed Egee from my staff, and have made a major step forward in the erals. These so-called ‘‘cleavage frag- Colin Campbell with the Office of Leg- health of all Americans. ments’’ are minerals that appear natu- islative Counsel. I thank Senator ISAKSON, Senator rally and more abundantly than asbes- Banning asbestos is simply the right BOXER, Senator INHOFE, all of the peo- tos, are in land and dirt and are mined thing to do. This bill provides the ple who have worked with us. But as we all across Georgia and in significant framework for how this country must all know, we are doing this because we areas of the Nation. They are similar go about achieving this goal. I plan to want America to be a safer place. I to asbestos in chemical makeup but work with my colleagues on both sides thank everybody for this major step differ significantly in structure and of the aisle to see it to the President’s forward. many other respects. The Federal Gov- desk. I yield to my colleague who has ernment has in the past through two Mr. President, I thank the distin- worked so hard with me on this. decisions—one by OSHA, 1992 rule- guished Senator from Washington, Mrs. Mr. ISAKSON. Mr. President, today making, and one by CPSC, 1988 deci- MURRAY, for her kind remarks. this body will pass comprehensive, bi- sion—spoken to the lack of health risk But I tell everyone in this Chamber partisan legislation to permanently from nonasbestiform minerals, and and everyone who reads about this ban the production, manufacture, and many published, peer-reviewed studies event, without her championing this distribution of asbestos, a deadly car- confirm those findings. issue over the last 7 years, it would not cinogen that is still legally used in the Our bill makes no presumption as to have happened. She has been a mar- United States. the health effects of nonasbestiform velous champion on behalf of those who It was my honor and pleasure to minerals but rather enlists the Na- have suffered from asbestos-related dis- work with Senator MURRAY on this leg- tion’s best scientists to study eases, in particular mesothelioma. islation. I have nothing but the highest nonasbestiform minerals and elongated I have watched her encounter count- regard for the Senior Senator from mineral particles, a term that includes, less hurdles on what is a very complex Washington State. The Senator and her but is not limited to, asbestos and issue and a very complex piece of legis- staff have worked tirelessly on this other biopersistent elongated mineral lation. She has done a marvelous job. issue for several years, and I am eager particles. It will be important in these Her staff member Bill Kamela has been to continue to work with her to assure studies to both differentiate these min- a tremendous help, as has my staff passage of this important legislation. erals according to the asbestos-related member Ed Egee. It would not have We also received invaluable coopera- health risks, and distinguish between happened without the two of them. tion and assistance from the Chair and these minerals as they are identified in As was mentioned by Senator MUR- Ranking Member of the Environment the natural, mixed dust environment. RAY, Senator BOXER has been the real and Public Works Committee, Senators Asbestos, the path of its deadly champion and given us the platform, BOXER and INHOFE. health effects, the identification and the framework, and the latitude in the

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.070 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12736 CONGRESSIONAL RECORD — SENATE October 4, 2007 committee to work this through this dramatically expand research and diction over this matter in committee day. treatment, and we are going to launch was a joyful day for me, because I knew When I entered the Congress in 1999, a public education campaign so all we could pull it off because we had I had the privilege of meeting a gen- Americans understand how they can JOHNNY ISAKSON on the Republican side tleman by the name of Bruce Vento, a protect themselves from the deadly as- who would take the lead. We worked Congressman from the State of Min- bestos products that may be in their across party lines. And to PATTY MUR- nesota. I only got to know Bruce for a home. RAY, I would say: There is a snag, call short period of time, because a couple With that, I thank our chairwoman. JOHNNY. And they would talk. of years later his life was taken by The PRESIDING OFFICER. The Sen- So we are here this day. It is emo- mesothelioma. That was my first expe- ator from California. tional. It is a wonderful moment. I con- rience with it. His wife Sue has been an Mrs BOXER. Mr. President, I thank gratulate Senators MURRAY and advocate, in countless appearances be- the Senator from Maryland for allow- ISAKSON. I am so proud I was in the fore the Congress, working toward a ing us these few minutes to mark a right place at the right time to help ban on asbestos. Today in Washington, very, I think, emotional moment for them. Renee Hansen from my State of Geor- all of us and a very important moment The PRESIDING OFFICER (Mr. gia, Watkinsville, who suffers from for the health and the safety of the WEBB). The majority leader. mesothelioma, is here today by chance people of our Nation. Mr. REID. When I went to law school, advocating on behalf of those who suf- The work of Senator MURRAY, that of I can only remember one woman in my fer from that dreaded disease, and Senator Wellstone in the past, and that law school class. I went to George seeking the Congress of the United of Senator ISAKSON, cannot be over- Washington. It was a large class. States to take the action this Senate stated. Because when the book is writ- Women didn’t go to law school much in has just taken. ten on how a bill becomes a law, what those days. A few years later, I took This country started 37 years ago by you learn is that on something that the bar. It was a small group of men banning asbestos. But through court has just a hint of controversy to it, you studying for the bar in Nevada. There cases, through regulatory rulings, the have to go through so many hurdles may have been a couple women, but ban never took place. Although the use and so many late-night meetings and that was it. When I came to the Sen- of it has been restricted, as was stated so many hours, and that is why the ate, MIKULSKI was the woman. She still by Senator MURRAY, it is used in staffs deserve so much credit. In the is. Since that time, we have had the countless products. This bill puts an Environment and Public Works Com- good fortune of having a significant end to asbestos. In those narrow excep- mittee, Bettina Poirier, Grant Cope, number of women elected to the Sen- tions of national defense, the space and Erik Olson are very important, and ate. Fortunately, most of them are on program, and a chlorine filter in a con- from the HELP Committee, Bill. this side of the aisle. The Senate is a tained filter system, those are grand- Let me say, many countries have much better place because of women fathered, but with a system where they banned asbestos. As Senator MURRAY being here. The legal profession is a go out of business as replacements that said, if you would ask a person in the better profession now because of can substitute for them come in. street: Is asbestos banned? They would women being in it. Because as much as Instead of taking legislative descrip- say, yes. But there was a court case we joke about it, men and women are tions, we took scientific evidence and many years ago which overturned that different. They think differently. I can declared scientific studies in the future ban. So we have seen a tremendous testify to that as a result of having to make the determinations to see to it amount of asbestos in the workplace, served in the Senate with a meager that Americans are no longer exposed in consumer products, and the like. We number of women and now with a sig- to life-threatening fibers known as as- still have more work to do. We have to nificant number. The Senate would bestos. get this through the House. We think only be better if there were more It has been a privilege for me to work there are friends in the House, remem- women. on many things in my legislative ca- bering the wonderful Congressman I extend my appreciation to PATTY reer, both back in Georgia and in the Vento whom Senator ISAKSON men- MURRAY, a woman of great stature, Congress, but I do not know that I have tioned, in his memory. somebody who has persevered on an ever had a more rewarding experience Certainly we feel very good that the issue that when she started it, she was than looking in the eyes of those whose beloved Congressman will get this alone. She stood up during our battles families and lives who have been honor after his death. We want to say, we had here in recent years on asbestos touched by mesothelioma, and tell his wife has been an extraordinary per- liability, with her eyes pointed toward them the Congress today is going to do son in pushing this through. one thing this country should do, and something about banning asbestos and Today Senators MURRAY and ISAKSON that is not allow the importation of as- take the step that is long overdue. got a standing ovation from the men bestos. That now has happened. I am very proud to have walked in and women who are suffering either BARBARA BOXER, a kind, thoughtful that march with Senator MURRAY and from mesothelioma or their families person she is, with a heart as big as with Senator BOXER. I thank Senator who were there representing them or anybody’s heart in the Senate. I knew INHOFE and his staff for their coopera- some whose families are here, although from the very beginning this was some- tion, who in the end made all of this their loved one has perished. In this thing she wanted to do as chairman of possible. press conference I read a poem written the Environment and Public Works The PRESIDING OFFICER. The Sen- by a beautiful woman, a Californian Committee. It has been done. ator from Washington. who lost her husband, and her agony as JOHNNY ISAKSON is a conservative Re- Mrs. MURRAY. Mr. President, before she watched her husband literally dis- publican from the State of Georgia. Senator BOXER speaks, I want to thank appear before her eyes. I met a woman But he is a person who is mindful of all of my staff who have been involved today whose son died at age 33 from the need to work together and get in this. I will insert their names in the mesothelioma. They can’t figure out things done. I so admire his ability to RECORD. Bill, Crystal, Alex, in my exactly where the exposure came from. work across party lines. As tenacious press shop, Mike, Pete, previous staff I saw his picture when he was 31, a vi- and hard working as these two women members have put in countless hours brant, beautiful young man, his emaci- I have mentioned are, it couldn’t have on this. Without them we would never ated face, still handsome a couple been done without Senator ISAKSON. do this. I certainly know that working years later, and then he was gone. This This is a very important day. with Senator ISAKSON’s staff and the bill is so important, that we join the I can remember so clearly Bruce staff from EPW and Senator BOXER’s nations of the world who have already Vento. Two examples, then I won’t staff. It takes a lot of people to get banned asbestos and say, there are mo- take any more time of Chairman MI- something done. A tremendous amount ments here you feel proud of, you feel KULSKI. I was a brand new House mem- of people have worked on this. I thank kind of proud of, you feel not so proud ber, walking across Independence Ave- them. Because of their work, we are of. Today I am so proud of my col- nue. He said: You should have a na- going to ban asbestos, we are going to leagues. The day I learned I had juris- tional park in Nevada. Because of him,

VerDate Aug 31 2005 04:32 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.071 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12737 we got a national park in Nevada. The that if enacted, this legislation will DEPARTMENTS OF COMMERCE Great Basin National Park is in Ne- save many lives in the future. We owe AND JUSTICE AND SCIENCE, AND vada. Bruce Vento pointed me in the it to all Americans to do everything we RELATED AGENCIES APPROPRIA- right direction and that is what we did. can to end the use of asbestos and to TIONS ACT, 2008—Continued The most significant legislation I have confront the terrible legacy this deadly Ms. MIKULSKI. Let me tell you ever offered has been something in Ne- substance has left behind. where we are right now, because the vada we call a negotiated settlement The PRESIDING OFFICER. The Sen- pending amendment is the Mikulski- which involved two endangered species, ator from Maryland. Hutchison-Shelby-Nelson, et al. amend- two Indian tribes, 100-year water war Ms. MIKULSKI. Before my three col- ment on expanding funding for NASA. between the States of California and leagues who have accomplished this We also understand the Senator from Nevada. Wetlands had dried up from significant feat leave the floor, I, too, Oklahoma, Mr. COBURN, intends to 100,000 acres to probably 1,000 putrid wish to salute them. Dear colleagues, come over rather shortly to offer his areas. It involved irrigation districts, what an emotional day. First, our good amendment. We have had a lot of talk, the cities of Reno and Sparks. friend Senator Wellstone embarked on a little bit in morning business, but we Bruce Vento was on the floor in 1993, that with you, Senator MURRAY, many are making great progress. We invite and by unanimous consent in the years ago. Paul is no longer with us. all who might either want to speak on House worked his magic. It was late in His legacy lives on. There is a saying I our amendment or in opposition to the the session, and it was the next to the learned in Catholic girls school: exegi NASA amendment, please come to the last thing that passed that session. As aani perrenius. I will build a monu- floor now because we will be moving happens over there late at night when ment in lasting bronze. And when one toward a vote. We are also waiting for they are trying to get things done, thinks about a monument to Paul the Senator from Oklahoma to come. there was a lot of confusion going on, Wellstone, the kind of wise guy he was, I know a lot of time has been used but he got it done. This is a wonderful day for the Amer- he wouldn’t be a marble guy or want with morning business, but at the same ican people. We will get this through some bronze statue. He would want time we are making a great deal of the House and this will be signed by this as a memorial that others might progress behind the scenes. the President. I feel so happy that this live. As a Senator from Maryland, my I yield the floor. is done for so many different reasons. State is a manufacturing State. In my The PRESIDING OFFICER. The Sen- Mr. LEAHY. Mr. President, I com- shipyards, there was so much asbestos. ator from Vermont. mend Senator MURRAY for her efforts To this day, the shipyard workers of Mr. SANDERS. Mr. President, I ask to end the use of asbestos in the United Baltimore and Fairfield, Bethlehem unanimous consent for a few minutes States. America should join the more Steel, people who built the liberty to speak as in morning business. than 40 other countries that have ships, the ones who helped win the bat- The PRESIDING OFFICER. Without banned its use. This is an issue where tle of the North Atlantic, the ones who objection, it is so ordered. every day would go to work with their the devastating health effects of asbes- FREE TRADE lunch pail, now go to the senior citizen tos far outweigh the economic benefits Mr. SANDERS. Let me congratulate meetings carrying an oxygen tank, and of its continued widespread use. It is Senator MURRAY, Senator BOXER, and not only have they suffered but their surprising to me that there is any sig- Senator ISAKSON for their very impor- spouses suffer. Most of the guys in nificant debate in light of what we tant work on this asbestos issue. those days would come home and they know about the deadliness of this sub- What I wish to focus on is a front- stance, and the tremendous suffering of would wash their clothes and take care of them. The women were exposed to page story that appeared in the Wall so many Americans. Street Journal. The headline reads: Nearly 10,000 people die each year this as well. It is not only secondhand smoke, but it was secondhand asbestos. ‘‘Republicans Grow Skeptical on Free from asbestos-related disease. Asbestos Trade.’’ What it says is: is among the most lethal substances For me today to know that when we ever to be widely used in the work- talked about better things through The new Wall Street Journal/NBC poll posed two statements to voters. The first place. Between 1940 and 1980, more than chemistry, the answer was yes, but was, ‘‘Foreign trade has been good for the 27.5 million workers were exposed to what we did without realizing it was U.S. economy because demand for U.S. prod- asbestos on the job, and nearly 19 mil- subject our American citizens to such ucts abroad has resulted in economic growth lion of them had high levels of expo- unbelievable pain. So for the guys at and jobs for Americans here at home and sure over long periods of time. We even the shipyards, we say to Murray, to provided more choices for consumers.’’ know of family members who have suf- Boxer, and to Isakson: Anchors aweigh, The second statement was, ‘‘Foreign trade fered asbestos-related disease from my boys and girls, anchors aweigh. has been bad for the U.S. economy because washing the clothes of loved ones. The imports from abroad have reduced demand I yield the floor. for American-made goods, cost jobs here at ravages of disease caused by asbestos The PRESIDING OFFICER. The Sen- home, and produced potentially unsafe prod- have affected tens of thousands of ator from Washington. ucts.’’ American families. Given what we Mrs. MURRAY. Mr. President, I Asked which statement came closer to know about asbestos, we should not their own view, 59 percent of Republicans permit the immense suffering its use thank my colleagues and our floor staff named the second statement, while 32 per- has caused to continue any longer. on both sides of the aisle who helped cent pointed to the first. us. They know that Senator ISAKSON Senator MURRAY’s bill is a step in the Back to the headline, ‘‘Republicans and I dogged them every single day, right direction toward a more com- Grow Skeptical On Free Trade.’’ That every single minute of the way until prehensive solution to this problem. I is the Republicans. we got this done. Without their help we am glad this bill contains provisions In terms of the Democrats, earlier in couldn’t be here either. I will end by for increased research and education the article: concerning asbestos. Preventing future saying I have looked in the eyes of too Other leading Democrats have been harsh- exposure is a good thing, but we must many people who have lost a loved one to a product that contained asbestos ly critical of trade expansion, pleasing their do more to address the terrible suf- party’s labor union backers. In a March 2007 fering that continues in the United because they went to work and didn’t WSJ/NBC poll, before recent scandals involv- States and we owe it to those who have know they were being exposed. To all ing tainted imports, 54 percent of Demo- been affected to enact an effective sys- of those people who have stuck with us cratic voters said free-trade agreements have tem for their care and compensation. and worked with us and fought with hurt the U.S., compared with 21 percent who Although I would have preferred to us—some of them are here in the Sen- said they have helped. have retained the more extensive pro- ate with us today—we wouldn’t be here So what do we have? We have the visions contained in the comprehensive without you and your passion. Because overwhelming percentage of Repub- bipartisan bill then-Judiciary Com- of that, we are changing the world to a licans who are now telling us that un- mittee Chairman SPECTER and I pro- better place. fettered free trade is not working for posed in the 109th Congress, I believe I thank the Chair. American workers.

VerDate Aug 31 2005 04:32 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.072 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12738 CONGRESSIONAL RECORD — SENATE October 4, 2007 We have the overwhelming percent- in America, working families in other cans to reduce the budget deficit and pay for age of Democratic supporters telling us countries, and not just large multi- health care. free trade has not been working for the national corporations and the CEOs Six in 10 Republicans in the poll agreed with a statement that free trade has been American people. Yet despite those who help write these trade agreements. bad for the U.S. and said they would agree numbers, and a growing consensus I just returned the weekend before with a Republican candidate who favored among working families in this coun- last from a trip to Costa Rica, where I tougher regulations to limit foreign imports. try, what we continue to see is people witnessed something that was really That represents a challenge for Republican in the White House, people in the Sen- quite extraordinary. Costa Rica will be candidates who generally echo Mr. Bush’s ate and the House who keep telling us the first country in the entire world to calls for continued trade expansion, and re- how great free trade is. actually have a referendum to vote up flects a substantial shift in sentiment from Well, let me be very clear. Free trade or down whether they want to enter eight years ago. ‘‘It’s a lot harder to sell the free-trade is very good for the large multi- these CAFTA agreements. I have no message to Republicans,’’ said Republican national corporations who can throw idea who is going to win that ref- pollster Neil Newhouse, who conducts the American workers out on the street, erendum. It looks as if it is going to be Journal/NBC poll with Democratic counter- move abroad to China and other low- very close. part Peter Hart. The poll comes ahead of the wage countries, hire people there for But on one side you have all of the Oct. 9 Republican presidential debate in pennies an hour, and bring their prod- moneyed interests. What I heard is, the Michigan sponsored by the Journal and the ucts back into this country. For those ‘‘yeses,’’ the people who want that free- CNBC and MSNBC television networks. people, we concede—for the CEOs of trade agreement, CAFTA, are spending The leading Republican candidates are still trying to promote free trade. ‘‘Our philos- large corporations—unfettered free 100 times more than the people who are ophy has to be not how many protectionist trade has been a very good thing. But in opposition. You have a media which measures can we put in place, but how do we for the middle-class and working fami- is almost universally supportive in invent new things to sell’’ abroad, former lies of this country, for working fami- Costa Rica of this CAFTA agreement. New York City Mayor Rudy Giuliani said in lies and poor people in Mexico and in On the other side you have students, a recent interview. ‘‘That’s the view of the other low-wage countries, unfettered you have environmentalists, you have future. What [protectionists] are trying to do free trade has been an unmitigated dis- trade unionists, you have environ- is lock in the inadequacies of the past.’’ Such a stance is sure to face a challenge in aster. mentalists, you have an extraordinary the 2008 general election. Though President Now, there are a lot of reasons the grassroots movement such that in a Bill Clinton famously steered the Demo- middle class in America is shrinking. nation of fewer than 4 million people, a cratic Party toward a less-protectionist bent There are a lot of reasons nearly 5 mil- week ago, 150,000 people came out in a and promoted the North American Free lion Americans have slipped into pov- rally—150,000 in a nation of less than 4 Trade Agreement, his wife and the current erty since George Bush has become million people—to express their opposi- Democratic front-runner, Hillary Rodham President. There are a number of rea- tion to the CAFTA agreement. Clinton, has adopted more skeptical rhet- sons. Certainly, one of the processes by We have—especially with the fact oric. Mrs. Clinton has come out against a U.S. trade deal with South Korea. which we as a Nation are engaged in a that fast track is no longer in exist- Other leading Democrats have been harsh- race to the bottom has been the unfet- ence—the opportunity as a Congress to ly critical of trade expansion, pleasing their tered free-trade agreements negotiated begin rethinking our trade policies, to party’s labor union backers. In a March 2007 by the President of the United States create trade policies which create good WSJ/NBC poll, before recent scandals involv- and passed by the Congress. And by jobs in the United States and good jobs ing tainted imports, 54% of Democratic vot- that I mean NAFTA. I mean permanent in the countries of our trading part- ers said free-trade agreements have hurt the normal trade relations with China. ners, policies which benefit all of the U.S., compared with 21% who said they have The reality of those trade agree- people and not just the people on top. helped. While rank-and-file Democrats have long ments, plus other economic decisions So I conclude by saying, if some of blasted the impact of trade on American being made by the U.S. Government, is my Republican friends think it is just jobs, slipping support among Republicans not just that poverty is increasing, it progressives or people who are con- represents a fresh warning sign for is that median income for working-age cerned about the needs of working peo- freemarket conservatives and American families has declined by about $2,400 ple on this side who are concerned companies such as manufacturers and finan- since the year 2000. It is that personal about trade, I suggest you go to the cial firms that benefit from markets opening savings rates in this country are below Wall Street Journal today, and what abroad. zero, and have been below zero for With voters provoked for years by such fig- you will find is the vast majority of ures as Pat Buchanan and Ross Perot, eight consecutive quarters—something Republicans now have serious concerns ‘‘there’s been a steady erosion in Republican that has not happened since the Great about our current trade policies be- support for free trade,’’ says former Rep. Vin Depression. cause they see those trade policies as Weber, now an adviser to Republican presi- Unfettered free trade has a lot to do being harmful to the middle class and dential candidate Mitt Romney. with the fact that over 8 million Amer- working families of this country. One fresh indication of the party’s ideolog- icans have lost their health insurance Mr. President, I ask unanimous con- ical crosswinds: Presidential candidate Ron since 2000, and we are now up to 47 mil- sent that the poll from the Wall Street Paul of Texas, who opposes the Iraq war and lion Americans without any health in- calls free-trade deals ‘‘a threat to our inde- Journal be printed in its entirety. pendence as a nation,’’ announced yesterday surance. There being no objection, the mate- that he raised $5 million in third-quarter do- Hunger in America is growing. The rial was ordered to be printed in the nations. That nearly matches what one-time cost of college education is becoming RECORD, as follows: front-runner John McCain is expected to re- harder and harder for middle-class fam- [From the Wall Street Journal, Oct. 4, 2007] port. In a December 1999 Wall Street Journal- ilies to afford. It is interesting to note REPUBLICANS GROW SKEPTICAL ON FREE NBC poll, 37% of Republicans said trade that a few months ago, in a poll done TRADE deals had helped the U.S. and 31% said they by, again, the Wall Street Journal, (By John Harwood) more than two-thirds of the American had hurt, while 26% said they made no dif- WASHINGTON.—By a nearly two-to-one mar- ference. people believe the U.S. economy is ei- gin, Republican voters believe free trade is The new poll asked a broader but similar ther in a recession now or will be in a bad for the U.S. economy, a shift in opinion question. It posed two statements to voters. recession next year. That is a poll from that mirrors Democratic views and suggests The first was, ‘‘Foreign trade has been good August done by Wall Street Journal/ trade deals could face high hurdles under a for the U.S. economy, because demand for NBC News. new president. U.S. products abroad has resulted in eco- In my view, it is imperative that our The sign of broadening resistance to nomic growth and jobs for Americans here at country trade. Nobody I know of be- globalization came in a new Wall Street home and provided more choices for con- lieves we should place a wall around Journal-NBC News Poll that showed a fray- sumers.’’ ing of Republican Party orthodoxy on the The second was, ‘‘Foreign trade has been this country. Trade is a good thing. economy. While 60% of respondents said they bad for the U.S. economy, because imports But what we must begin doing is nego- want the next president and Congress to con- from abroad have reduced demand for Amer- tiating fair trade agreements that re- tinue cutting taxes, 32% said it’s time for ican-made goods, cost jobs here at home, and flect the interests of working families some tax increases on the wealthiest Ameri- produced potentially unsafe products.’’

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.074 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12739 Asked which statement came closer to BUSH’S VETO Mr. REED. Mr. President, I am here their own view, 59% of Republicans named Mr. Bush lately has sought to elevate the today to speak on the Commerce, Jus- the second statement, while 32% pointed to importance of economic issues. Yesterday he tice, and Science appropriations bill, the first. vetoed a bill passed by Congress that would and I begin by thanking the chairman expand funding for a children’s-health pro- ROCKY OUTLOOK of the committee, Senator MIKULSKI, Such sentiment suggests a rocky outlook gram by $35 billion over five years. He and the ranking member, Senator for trade expansion. Early in his term, Mr. slammed what he described as the Demo- crats’ tax-and-spend approach during a SHELBY, for an extraordinarily well- Bush successfully promoted a number of new crafted appropriations bill which re- free-trade pacts, but the efforts have stalled, speech in Lancaster, Pa. particularly after Democrats took control of Economic advisers to Republican presi- sponds to the needs of the country and Congress last November. dential hopefuls acknowledge the safety responds particularly to those areas Even relatively small deals are facing re- scandals have made defending free trade which were neglected in the initial sub- sistance. While trade pacts with Peru and more difficult. ‘‘Americans are right to be mission by the President. Panama have a strong chance of passing in angered at companies that take shortcuts’’ This bill will protect our citizens and the current congressional term, deals with in importing goods, said Larry Lindsey, once support law enforcement, which is a the top economic aide in the Bush White South Korea and Colombia are in serious critical aspect of our engagement to jeopardy. Some legislators believe South House and now an adviser to Mr. Thompson’s presidential bid. ‘‘The next president has to provide security and safety for all of Korea isn’t opening its market wide enough promote free trade by playing hardball, and our citizens. It will strengthen Amer- to American beef and autos. to be seen doing so.’’ ica’s competitiveness in the global ‘FAST TRACK’ In the Republican campaign so far, ele- economy. And it will also go a long Presidential ‘‘fast track’’ trade negotiating vating populist trade concerns has been left way to begin to properly husband and authority has lapsed. Without such author- to the long shots. ‘‘The most important conserve our oceans and coastal com- ity, which requires Congress to take a single thing a president needs to do is to make it up-or-down vote on trade deals, the next clear that we’re not going to continue to see munities. president would have trouble pursuing large jobs shipped overseas. . . . and then watch as Once again, let me commend Senator trade agreements, particularly the stalled a CEO takes a $100 million bonus,’’ Mr. MIKULSKI and Senator SHELBY for a job global Doha Round. Huckabee said at a debate earlier this year. well done. I hope as we go forward the Julie Kowal, 40 years old, who works in a ‘‘If Republicans don’t stop it, we don’t de- President will work with the Senate medical lab and is raising five children in serve to win in 2008.’’ and the House to enact this legislation, Omaha, Neb., said she worries that Mid- Mr. SANDERS. I yield the floor and to sign it, to fund it appropriately, and western producers face obstacles selling beef suggest the absence of a quorum. to continue to strengthen our country and autos abroad. ‘‘We give a lot more than The PRESIDING OFFICER. The in so many different ways. we get,’’ she said. ‘‘There’s got to be a point clerk will call the roll. This bill will restore $1.5 billion in where we say, ‘Wait a minute.’’’ The legislative clerk proceeded to Beyond trade, Republicans appear to be funding cuts to State and local law en- seeking a move away from the president. call the roll. forcement programs. We have seen, Asked in general terms, a 48% plurality of Ms. MIKULSKI. Mr. President, I ask shockingly in my mind, an increase in Republicans said the next president should unanimous consent that the order for the statistics of violent crime in this ‘‘take a different approach’’ from Mr. Bush, the quorum call be rescinded. country. That tears at the fabric of while 38% wanted to continue on his path. The PRESIDING OFFICER. Without every community in America. We need In the poll, Mr. Giuliani maintained his objection, it is so ordered. these funds. I am pleased to see the lead in the Republican field with support AMENDMENT NO. 3250 chairman and ranking member respond from 30% of respondents. Former Sen. Fred Ms. MIKULSKI. Mr. President, to to that need by providing additional re- Thompson drew 23% in the survey, to 15% for those who might be watching the ac- Sen. John McCain, 10% for Mr. Romney and sources. 4% for former Arkansas Gov. Mike tions of the Senate in either the gal- Since 2001, budgets for these law en- Huckabee. The telephone survey of 606 Re- lery or on C–SPAN—because we do forcement programs have been deci- publican voters, conducted Sept. 28–30, has a function in an open and transparent mated, and many in law enforcement margin of error of four percentage points. way—they might wonder: What is believe these cuts have contributed to A clear majority of Republicans want more going on there? Well, I will tell you this very rise in violent crime. To re- tax cuts, but among Republicans who iden- what is going on. We are debating the verse this troubling trend, the bill pro- tify themselves as moderate or liberal— appropriations subcommittee report vides $2.66 billion in funding for the Of- about one-third of the party’s primary vot- ers—a 48% plurality favored some tax in- that funds all of the Commerce, all fice of Justice programs, which in- crease to fund health care and other prior- Justice, and good, significant aspects cludes Justice assistance, State and ities. of America’s science programs—the Na- local law enforcement assistance, com- In part, the concern about trade reflected tional Science Foundation, the space munity-oriented policing services, and in the survey reflects the changing composi- agency, the agency that does research juvenile justice programs. tion of the Republican electorate as social on oceans. The $550 million for the COPS Pro- conservatives have grown in influence. In In the course of debating this appro- gram will help local law enforcement questions about a series of candidate priations bill, there have been others agencies combat crime and respond to stances, the only one drawing strong agree- who have asked to speak on other mat- terrorist threats. There is another di- ment from a majority of Republicans was op- position to abortion rights. ters. When you see the Chamber is mension. When we enacted the COPS Post-911 security concerns have also dis- empty, what we are doing is clearing Program years ago, we were thinking placed some of the traditional economic con- amendments offered by our colleagues. of law enforcement at the local level cerns of the Republican Party that Ronald We are waiting for another colleague to simply being an agent to stop those Reagan reshaped a generation ago. Asked come to offer an appropriations amend- perpetrators of crime. Now we have to which issues will be most important in deter- ment. For us, we are trying to make deal, and they have to deal, with ter- mining their vote, a 32% plurality cited na- sure America remains premier in rorists, and they have to be prepared to tional defense, while 25% cited domestic space. do that. issues such as education and health care, and In Rhode Island, the COPS Program 23% cited moral issues. Ranking last, identi- I will reiterate, the Mikulski-Shelby- fied by just 17%, were economic issues such Hutchinson-Bill Nelson-Mel Martinez has provided nearly $30 million in Fed- as taxes and trade. bipartisan amendment is to restore the eral funding and helped over 395 police John Pirtle, a 40-year-old Defense Depart- funding that it took when the Colum- officers—it has helped that many— ment employee in Grand Rapids, Mich., said bia accident occurred to return our as- since its inception. We would have lit- he drifted toward the Republican Party in tronauts to space safely and swiftly. erally hundreds of police officers ab- large part because of his opposition to abor- I will elaborate on that later, but I sent from their place on the streets of tion, but doesn’t agree with the free-trade note the Senator from Rhode Island is Rhode Island if this program had not views of leading candidates. been adopted, and if this bill does not ‘‘We’re seeing a lot of jobs farmed out,’’ here, who also wishes to speak on the said Mr. Pirtle, whose father works for Gen- amendment, as does the Senator from continue to support it. I have been eral Motors Corp. Rankled by reports of safe- Louisiana. pleased to be a cosponsor of Senator ty problems with Chinese imports, he added, I yield the floor. BIDEN’s amendment, which I think was ‘‘The stuff we are getting, looking at all the The PRESIDING OFFICER. The Sen- one of the foundations of the proposal recalls, to be quite honest, it’s junk.’’ ator from Rhode Island. we see today in the appropriations bill.

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.042 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12740 CONGRESSIONAL RECORD — SENATE October 4, 2007 This bill also provides $7.35 billion for search. It is a valuable catalyst for re- the last support they get to face a very the Department of Commerce. This is a search going forward. competitive world. I again appreciate diverse agency. It has a significant im- Now, with more than 50 percent of so much how this money has been in- pact in Rhode Island. It supports, in NSF’s funding going to seven States, cluded in this appropriation. Rhode Island, ocean exploration. We this EPSCoR Program makes sure that This bill also provided $283 million to have the University of Rhode Island the other States—the other 43 States— the Economic Development Adminis- School of Oceanography, which is one get a little attention and a little co- tration. EDA is one of those critical of the best in the country, and it de- operation and a little support. It is in- agencies of the Federal Government pends significantly on support from credibly important to Rhode Island, that will allow local communities to NOAA and the Department of Com- and I particularly thank the chairman fulfill their plans for local economic merce. Coastal protection: We are the and the ranking member for their sup- development. We have used this pro- ‘‘Ocean State.’’ We have, per area, the port. gram repeatedly to jump-start progress longest coastline of any State in the Let me mention something else at the local level. They have gone in country. We have a fisheries program. about NSF funding, something else and they have funded, and they have a We are an active fishing state, and we about research funding. It is not just rather wide mandate that they can jus- need that help and support. the foregone experiment, the foregone tify as economic development, but they I am excited about the opportunities, program research; without robust fund- have funded programs that have al- particularly for increased research ing for the National Science Founda- lowed investments by States and cities with respect to our oceans. Oceans, tion and other areas of academic en- and private entities to really give us a through fishing, through transport, deavor, we are losing a whole genera- leg up in terms of providing employ- through recreation, contribute an esti- tion of researchers, of academics. ment, providing new economic oppor- mated $120 billion a year to our econ- I went to the laboratory at Brown tunities for my communities in Rhode omy, and they support over 2 million University, the neuroscience lab—ter- Island. Again, it is a very valuable jobs. Yet we do very little to research ribly sophisticated, doing remarkably agency. the ocean. We do little to stimulate good work. I talked to a young re- Of this funding, $15 million is for aquaculture, commercial fishing, tour- searcher, a Ph.D., a woman in her early trade adjustment assistance for firms, ism—all of these things which are huge thirties. She said not only did she need and this is targeted to medium-sized economic drivers to our economy in additional support, but she looked back manufacturers and agricultural compa- Rhode Island and in many parts of the at her class of Yale graduates, Ph.D. nies that experienced loss from foreign country. This bill will begin to pick up scientists, and she is the only one of imports. the pace when it comes to supporting about seven of those Ph.D.s from Yale Again, related to the struggle of our these important endeavors. who has the money to do the research. manufacturing companies, we are see- There is a Joint Oceans Commission She pointed out that if you don’t get ing so much that used to be produced that has been charged with looking at that money at 30 years old to do this in America is now imported, and what oceans policy, and they have given our fundamental research and establish is lost in the balance is many jobs, and country a grade. In 2006, it was a C- yourself, you will not get tenured at 39, this money will help, at least a bit, to minus. It was a little bit better than and as a result, you quickly decide you ease that transition. It allows people 2005—that was a D-plus—but we want are leaving the field. You can go to a really to retool themselves for a new to get A’s when it comes to ocean pol- pharmaceutical company; you can go economy. It gets them off the unem- icy. That means supporting this legis- to an investment bank and use your ployment rolls more quickly than oth- lation and putting the money in to skills in terms of analyzing portfolios erwise and gives them something more help NOAA particularly. This bill pro- and investments. You won’t be doing important than just a check; it gives vides $4.2 billion for the National basic research, expanding the knowl- them new hope. For many of my con- Ocean and Atmospheric Administra- edge, teaching other scientists and stituents, it is particularly distressing tion, including $795 million to fund the other young students. That is what is when you reach midlife, you have Joint Ocean Commission’s rec- so critical about this, in addition to worked very hard, you got out of high ommendations for ocean research, edu- simply making sure we continue to do school in the 1960s and thought you cation, observation, and exploration. the research, and I thank my col- could have a whole career based on a Let me commend again Senator MI- leagues for their support. high school diploma, and guess what. KULSKI and Senator SHELBY for making Let me also mention another pro- Now the company is gone. You have to this a part of this important legisla- gram, and that is the manufacturing have new skills. Where are you going tion. The world is basically covered by extension program. All of my col- to turn? This helps these individuals, ocean. We spend a very small fraction leagues, without exception—and I in- not just with the monetary compensa- on ocean research relative to major re- clude myself—come to the floor and tion, not just with a little bit of assist- search programs for the atmosphere, talk about the decline of American ance, but with a new hope that they for space. We have to start looking manufacturing, the fact that we used can get on with their lives. It is very within the oceans, not only for sci- to have, particularly up my way in the important. entific answers but for commercial op- Northeast, communities that revolved So much of this bill is commendable, portunity. around manufacturing plants at every and it is the work of not only the hands The bill also strengthens U.S. inno- corner. Growing up in Rhode Island, but the hearts of both Senator MIKUL- vation and competitiveness. Following when you drove through communities SKI and Senator SHELBY that have the recommendations of the National such as Pawtucket in the 1950s on a made this such a worthwhile piece of Academy of Science’s report ‘‘Rising Saturday, all you could hear was click, legislation. I am proud to support it. I Above the Gathering Storm,’’ the bill click, click. Those machines were hope we can move it forward quickly, invests in research and technology that working overtime. There was no air- and I hope the President will sign it. I will pay dividends for our future. Spe- conditioning; the windows were open believe it will be a victory for all cifically, the bill provides over $5.1 bil- until 11 o’clock at night. It is silent Americans. lion for basic research through the Na- there now. We are losing manufac- Mr. President, I yield the floor. tional Science Foundation, including turing. The PRESIDING OFFICER. The Sen- $117.5 million for the Experimental This manufacturing extension pro- ator from Louisiana is recognized. Program to Stimulate Competitive Re- gram is the only real money we put in Ms. LANDRIEU. Mr. President, let search—the EPSCoR Program. This to directly aid manufacturing. It gives me associate myself with the remarks EPSCoR Program has been very crit- them new techniques, new technology. of my colleague, the Senator from ical in my home State of Rhode Island. It gives them suggestions about how Rhode Island. He has raised several im- It has provided a partnership between they can be competitive on a global portant initiatives: the ocean initia- the Federal Government, academic basis. It helps the small manufacturer. tive, basic research and development, agencies, schools, universities, and It is critical. It is the last support for the disparity between some of our re- State government to stimulate re- many of these individual companies, search dollars to a few universities and

VerDate Aug 31 2005 04:32 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.075 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12741 leaving out so many other good and this building open and operating, and well, trained mediator from the field fine universities, and many of those there was not a stop, even during some could show up, work with the commu- universities in the South. It has been a of the worst parts of this storm. That nity leaders, work with the attorneys program where I have supported more is how committed this workforce is to general, maybe work with some local equitable funding. We are proud of our this program. elected officials, and prevent some of southern universities. I know the Sen- So I want to support this amend- the harsh things that were said and ator from Alabama most certainly is. ment. I thank the Senator for her lead- done over the course of this time. That is one way his bill, along with the ership, and I am proud to be a cospon- This is in no way saying who was Senator from Maryland, is helping sor of the $1 billion amendment to add right and who was wrong. I think it is many of our universities. much needed revenue to the NASA a very good service that our Justice I rise today to give support to the budget. Again, I am very proud of this Department could do. I was pleased to amendment that is under consideration work in New Orleans Parish, in St. offer this amendment. I understand it now, the $1 billion amendment to add Tammany Parish, as well as along the has been accepted. It will be most cer- funding to the NASA budget. When gulf coast of Mississippi. tainly a help to us as we try to rec- people think about New Orleans and If I might, before I yield the floor, oncile and heal this community, Jena Louisiana, they think about good food also thank the leaders of this com- and LaSalle Parish in Louisiana, and and Mardi Gras and fishing and maybe mittee for already approving an bring the community back together even wetlands and other things, but amendment I offered, and it has been after a series of very unfortunate they might not think of space and accepted by voice earlier today. It is a events. space programs and high tech, but we small amendment, but I actually think Finally, let me say I thank the Chair, are all of the above. it can help in a very timely situation and I can either call up now—or it can In New Orleans east, particularly, in the country right now. be accepted later—another amendment there is a great national asset called As my colleagues are aware, we have regarding the COPS Program, which Michoud, which has been there since had a terrible series of events in Lou- will help some of the disaster areas 1961, which has done some of the basic isiana commonly referred to as the that are still struggling with law en- research and manufacturing for the Jena 6. There have been many allega- forcement challenges. If it is appro- space program, which also has parts, of tions made on all sides about events priate, I think both sides have cleared this amendment No. 3223. course, in Texas and in Houston, in that occurred on and off the school The PRESIDING OFFICER. Is there Huntsville, AL, where I have had the grounds in Jena, LA, a small town I objection? represent. pleasure of visiting, in parts of Florida Ms. MIKULSKI. Mr. President, there Looking into the situation and talk- and along the gulf coast of Mississippi. is no objection to this amendment. Senator MIKULSKI honored me and hon- ing with many people involved, it came to my attention that there were really AMENDMENT NO. 3223 ored our State by coming to visit the Ms. LANDRIEU. Mr. President, I call Michoud facility several years ago and very little resources that the Federal Government had to bring to bear early up amendment No. 3223 and ask for its walked through—actually, I think we immediate consideration. on that could have potentially avoided might have skated or rode carts The PRESIDING OFFICER. The some of the conflict that occurred, through. clerk will report. Ms. MIKULSKI. If the Senator will some of the attention that rose up The legislative clerk read as follows: yield, I have been on thin ice, but I about these incidents. The Senator from Louisiana [Ms. didn’t skate. The more I looked into it, the more I LANDRIEU] proposes an amendment num- Ms. LANDRIEU. The Senator was not became concerned because I found out bered 3223. on skates—strike it from the record— that the Community Relations Service Ms. LANDRIEU. I ask unanimous but we were on carts, and some people does exist within the Department of consent that reading of the amendment were on bicycles because this facility is Justice. The service’s mission, when be dispensed with. so large. It is 43 acres under roof, air- appropriate, is to serve as a mediator The PRESIDING OFFICER. Without conditioned, employing 4,000 people, during and after periods of racial ten- objection, it is so ordered. committed to our space program. sion in our country. This was created The amendment is as follows: Right down the road in our neigh- some years ago. I read its mission and (Purpose: To waive certain matching re- boring State of Mississippi, there are its statement, and it seems as if that quirements for counties and parishes in another 4,000 people employed at the would be a very good way for us to which the President declared a major dis- Stennis Space Center—of course, spend a very small portion of money aster in response to Hurricane Katrina of named after our former colleague, Sen- that is allocated to help because, of 2005 or Hurricane Rita of 2005) ator Stennis himself. course, the American dream is for all On page 57, line 23, after ‘‘Office:’’ insert But the reason I bring this up is not of us from different races to be able to the following: ‘‘Provided further, That the At- torney General shall waive in whole the only because this is important to Lou- live and work together and to prosper. matching requirement under section 1701(g) isiana and to the gulf coast area of It has not really been done in any of the Omnibus Crime Control and Safe Mississippi and to the State of Ala- other country as well as it is being Streets Act of 1968 (42 U.S.C. 3796dd(g)) for bama, our sister States, but it is im- done here in the course of human his- any grant recipient located in a county or portant to the Nation. When the Co- tory, so it is something we should be parish in which the President declared a lumbia accident happened, as the lead- proud of, although we do have prob- major disaster (as that term is defined in ers have so eloquently said, NASA had lems. But we need all parts of our Gov- section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 to scramble and take a lot of money ernment coming forward and commit- U.S.C. 5122)) in response to Hurricane from other parts of its budget to cover ting to making this happen. Katrina of 2005 or Hurricane Rita of 2005:’’. It occurred to me—and I learned— the battle back to space, to support The PRESIDING OFFICER. Is there that this is a very excellent service. back-to-flight missions. We have not further debate? ever reimbursed them appropriately for The problem was, there were only three Ms. MIKULSKI. There is no objection that. Their program is quite challenged people employed in the service for the to the Senator’s amendment on either because of it. So that is why this 31 million people who live in New Mex- side of the aisle. amendment is so important. It is a ico, Texas, Louisiana, and the two The PRESIDING OFFICER. Without great boost to the rebuilding of our re- other States in our region. So it oc- objection, the amendment is agreed to. gion. curred to me that it might be a good The amendment (No. 3223) was agreed Let me say, for the employees at use of taxpayer money to add some to. Michoud, they have been back at work money to this Community Relations Ms. LANDRIEU. Mr. President, I even though they had no houses in Service, specifically directing some of thank the leaders for their work on which to live. They were back at work the new hires to this region, to keep this bill and for continuing to support building levees around this facility money in the field—not here in Wash- NASA, as we clean up our criminal jus- even though there was water all ington but pushed out into the field so tice system and bring some reconcili- around. They kept this program and when these incidents happen, maybe a ation to Jena and LaSalle Parish.

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.077 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12742 CONGRESSIONAL RECORD — SENATE October 4, 2007 The PRESIDING OFFICER. The Sen- want to be recorded as voting against The PRESIDING OFFICER. Without ator from Oklahoma is recognized. this appropriations bill—not because it objection, it is so ordered. Mr. COBURN. Mr. President, I thank is not important to fund these items The amendment is as follows: the Senators for the cooperative way in but because we cannot continue to (Purpose: To provide $1,680,000 to investigate which they have worked with us. I also have these kinds of increases in fund- and prosecute unsolved civil rights crimes wish to comment on Senator ing when we have grown the Govern- in a fiscally responsible manner by prioritizing spending) LANDRIEU’s amendment that was ac- ment by 62 percent over the last 71⁄2 cepted, which eliminated a copay for a years. That does not count Medicare At the appropriate place, add the fol- matching portion for the COPS Pro- and Medicaid spending. So I wanted to lowing: SEC. ll. (a) FINDINGS.—The Senate finds gram in areas that don’t have the make that point. the following: money to match. It is a smart thing I have a couple of amendments, (1) In February 2006, the United States At- that we are doing. It is right. It will again, which are directed at directed torney General and the FBI director an- come to an end at some time, but until spending—what we call earmarks. The nounced a partnership with the NAACP, the they get back on their feet, we ought programs are not bad programs—the Southern Poverty Law Center, and the Na- to do it. very things I am going to outline that tional Urban League to investigate unsolved I wished to spend a few minutes talk- I think we ought to transfer money crimes from the civil rights era. ing about the bill overall. I think even (2) Attorney General Alberto Gonzales has from to something else. But I think pledged that ‘‘The Justice Department is though the chairwoman and ranking people will have a tough time justi- committed to investigating and prosecuting member have done a great job with the fying spending on these programs, civil-rights era homicides for as long as it bill in terms of priorities, I am con- these directed earmarks, when we takes and as far as the law allows—because cerned at the overall spending level, should not be spending as much as we there is no statute of limitations on human and I think the administration prob- are and could be spending it on some- dignity and justice.’’. ably will be too. Inflation, last year, thing that would give us better value (3) In February 2006, the FBI enacted an was less than 3 percent. In title I, the for the dollars we spend. initiative to identify hate crimes that oc- Commerce portion of the bill, it grows I ask unanimous consent to bring up curred prior to December 1969, and resulted 1 in death. by 13.88 percent, which is 4 ⁄2 times the amendment No. 3243 and make it pend- (4) The Bureau’s 56 field offices have been rate of inflation. In title II, the Justice ing. directed to reexamine their unsolved civil portion, it grows 6.1 percent, which is The PRESIDING OFFICER. Is there rights cases and determine which ones could over two times the rate of inflation. In objection? still be viable for prosecution. title III of the bill, in the Science por- Ms. MIKULSKI. Mr. President, re- (5) The FBI has partnered with a number of tion, it grows by 8.1 percent over last serving the right to object, as I said to State and local authorities, civic organiza- year’s actual appropriation, which is the Senator, the Senator has every tions, and community leaders to reexamine almost three times what the rate of in- right to bring that amendment up. We old files. are looking at it and trying to come up (6) Since the initiative began, the FBI has flation was. received nearly 100 such referrals. That probably would not be a prob- with a UC. Maybe we can get to your (7) The FBI is continuing to assess each re- lem if we didn’t borrow $454 billion two amendments and we can vote back ferral for its investigative and legal viability from our kids last year. It would not be to back. and, given the updated investigative and fo- a problem if everybody else had an 18- Mr. COBURN. I am absolutely fine rensic tools, move forward in investigating percent or 13-percent or a 10-percent in- with that. I will take no more than these cases. crease. But the fact that this bill has probably 25 minutes on both of these (8) The United States national debt is near- grown this much says we are going to amendments. I ask unanimous consent ly $9,000,000,000,000. go down the road again of borrowing that I be given 25 minutes to cover (9) Rather than adding to this debt, Con- gress should offset any new spending from additional money. both of the amendments, reserving the lower priority spending. This is a rationalization, and I admit remainder of the time if I don’t use it, (10) Bringing justice to those who have it. What we are doing is funding this and allowing any opposition the same committed ghastly civil rights crimes in a increase this year on the backs of our amount of time, and I will probably not fiscally responsible manner that does not grandchildren, because if it goes consume that amount of time. add to the United States national debt through this way and coming out of Ms. MIKULSKI. If the Senator will should be a higher priority for Congress than conference, and if the President signs withhold, I am still reserving the right funding parochial pork barrel projects. it, the increase in spending for the to object while I get clarification. (b) INCREASED APPROPRIATIONS.—Amounts provided in this Act for the Civil Rights Di- Commerce, Justice, and State Depart- Rather than doing it this way and vision within the Department of Justice are ments will come on the back of future knowing we are in alignment, can we increased by $1,680,000 for the prosecution of payments of debt for our kids. have a quorum call? civil rights crimes. The contrast I wish to show is that Mr. COBURN. Yes. I suggest the ab- (c) DECREASED APPROPRIATIONS.—Appro- the average family’s income rose less sence of a quorum. priations in this Act for the following ac- than 4 percent last year. Their taxes The PRESIDING OFFICER. The counts are decreased by the amount indi- aren’t going to rise much more than 4 clerk will call the roll. cated: percent, but the taxes on their The legislative clerk proceeded to (1) Ocean, Coastal, and Great Lakes re- call the roll. search by $450,000. grandkids are going to rise dispropor- (2) Ocean and Coastal Management, Na- tionately more than that, probably 12 Mr. COBURN. Mr. President, I ask tional Ocean Service, by $500,000. or 13 percent, because we cannot get unanimous consent that the order for (3) Local Warnings and Forecasts, National hold of this Government. That is no re- the quorum call be rescinded. Weather Service, by $300,000. flection on the leaders of this com- The PRESIDING OFFICER. Without (4) National Aeronautics and Space Admin- mittee. They are given a number, and objection, it is so ordered. istration by $800,000. they have requests out the kazoo from AMENDMENT NO. 3243 (5) Education Program, NOAA, by $500,000. Mr. COBURN. Mr. President, I now (d) PROHIBITION ON FUNDING.—Notwith- individual members. They have pro- standing any other provision of this Act, grams that need to be funded, which is ask unanimous consent to call up there shall be no funding for fiscal year 2008 very different than the administration. amendment number 3243. for the following: I didn’t compare it to the administra- The PRESIDING OFFICER. Is there (1) Advanced Undersea Vehicle, Mystic tion’s request. I compared it to what objection? Without objection, it is so Aquarium-Institute for Exploration, Mystic, we approved last year. ordered. Connecticut. I think it behooves us to look at the The clerk will report. (2) Maritime Museum, City of Mobile, Ala- overall growth in this bill, and if you The legislative clerk read as follows: bama. (3) Eye-On-The-Sky, Fairbanks Museum applied it to the rest of Government, The Senator from Oklahoma [Mr. COBURN] proposes an amendment numbered 3243. and Planetarium, St. Johnsbury, Vermont. we grew the Government by about $700 (4) Adler Planetarium, Chicago, Illinois. billion this year. We cannot do that. Mr. COBURN. Mr. President, I ask (5) U.S. Space and Rocket Center, Hunts- We cannot do it. So I have asked for a unanimous consent that reading of the ville, Alabama, for an update for the mu- recorded vote on the bill because I amendment be dispensed with. seum and exhibits.

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.079 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12743 (6) John Smith Water Trail, installation of two in Mobile. There are funds for this Mystic Aquarium in Mystic, CT. They buoys marking the John Smith National earmark through the competitive could apply for a competitive grant Water Trail on the Chesapeake Bay, the Con- grant system. So it is not that this with all the rest of the States and servation Fund, Arlington, Virginia. may not even get funded, because it probably get it. It is not a bad idea. It Mr. COBURN. Mr. President, this might have to compete with the rest of is probably a good idea. It probably amendment is straightforward. There the museums in the country. Instead, promotes tourism, probably enhances is a bill in the Senate that I am pres- we have directed it. the experience at that museum. But, ently blocking from a unanimous con- Earmark offset 2 is for the Fairbanks again, is it a priority when we are not sent request, which means I am not Museum and Planetarium in Vermont funding the war and we are not paying necessarily opposed to it; but I don’t for the Eye on the Sky Program. It is for our excesses and, in fact, probably think the bill ought to come to the a $300,000 earmark. It is probably a the greatest moral issue of our day is floor without being voted on or amend- great idea. But is it a priority when we stealing the future from our grandkids? ed. It is the Emmett Till civil rights are borrowing money from our grand- It is not any of the other social issues. bill. This bill is designed to increase children? Again, this is another pro- They wane in comparison to taking op- the emphasis on unsolved civil rights gram. There is grant money out there portunities from our next generation. cases. for museums. You would have to com- I also advise that the State of Con- A year and a half ago, the Depart- pete based on the priorities. There is necticut, according to Connecticut’s ment of Justice initiated a new pro- oversight on the grants. On these ear- Comptroller, Nancy Wyman, has a $350 gram for that exact purpose. They put marks, there is no oversight. It can million surplus. So they are not run- staff on it, funded it, and have since still be funded, on a competitive basis, ning a deficit; they have a surplus. gotten 100 referrals from 42 different of- without an earmark. They could easily grant $500,000 for this fices on unsolved civil rights cases that The Adler Planetarium in Chicago museum. are 50 years old and older. It is some- has net assets right now in excess of $34 The point of this amendment is let’s thing we should be doing and the Jus- million, and we are going to send them put dollars where they ought to go and tice Department is doing. I don’t think $300,000. They have revenues every year let’s stop spending money on lower pri- we need another piece of legislation in excess of $11 million. There is no orities. It is about priorities. It is not and another law to make us do that. reason for us to send that money there about what is a good program and what The Justice Department has actually now if we are borrowing it from our is a bad program. It is about what is shown they didn’t need a law. They grandkids. I will limit my debate on the greatest priority. were actually doing it. that. The greatest priority is to ensure What this amendment does is trans- One of the things I will tell you—and people of their civil rights. It has to be fers from six directed spending items— I will put up a chart. Here is what the greater than these. There cannot be a earmarks—to the Department of Jus- Administrator of NASA said about di- greater priority than securing the fu- tice Civil Rights Division $1.680 million rected spending for earmarks: ture for the next generations, except to augment that process. What it will The growth of these Congressional direc- we are not going to do that with this do is allow them to hire additional peo- tives is eroding NASA’s ability to carry out bill. ple to further define and further inves- its mission of space exploration and peer-re- tigate these older civil rights cases. viewed scientific discovery. I reserve the remainder of the time I have under the agreement. This bill has 600 earmarks in it. This We are taking away the core mission relates to only six earmarks. The total of one of our premier scientific inquir- The PRESIDING OFFICER. The Sen- for the earmarks is $458 million. Many ies in this country when we send ator from Maryland. of the earmarks in this bill don’t do money. The redirections as a result of Ms. MIKULSKI. Mr. President, I say anything to advance the priorities or congressional earmarks included half to my colleague from Oklahoma, I ad- the mission statements of the three of NASA’s education budget, one-twen- mire his tenacity and consistency in agencies we are funding. What are tieth of the exploration budget, and being a steward of the taxpayers’ they? A maritime museum in Mobile, one-twenty-fourth of their science purse, as well as being concerned about AL; Eye on the Sky Fairbanks Museum budget. So it is not a small amount future generations. Also, he has often and Planetarium in St. Johnsbury, VT; with which we are impacting NASA. raised issues from which I have bene- Adler Planetarium in Chicago, IL; U.S. The fourth earmark: Spies and Rock- fited. I assure him that both my col- Space and Rocket Center in Huntsville, et Center in Huntsville, AL. We should league from Alabama and I have stood AL. I have been there; it is a tremen- know that the State of Alabama is squarely on the side of reform as well. dous place. Lastly, the installation of going to have in excess of a $2 billion When we did our opening statements buoys marking the John Smith Na- surplus this year. Let me say that today, we said that we were for secu- tional Water Trail on the Chesapeake; again. The State of Alabama is going rity, which is helping our law enforce- undersea vehicle for the Mystic Aquar- to have in excess of a $2 billion surplus ment, innovation, and competitiveness, ium & Institute for Exploration in Con- this year. They had a $1.7 billion sur- as well as accountability. We had two necticut. plus last year. I would think that reform amendments—one on the NOAA Let’s start with the first one. There maybe they ought to fund this instead satellite programs that are already is $500,000 in this to construct a mari- of our grandchildren. running $4 billion in overruns—that is time museum in Mobile, AL. It is prob- This is a $500,000 earmark for the ‘‘B’’ as in Barb, not ‘‘M’’ as in Mikul- ably a great idea, although there are Space and Rocket Museum. I have been ski. So we are instituting reforms and two other maritime museums right there. It is a great thing. You ought to actually bringing to the civilian side a now in Mobile. Should we spend $500,000 go see it. It is well worth your time. Nunn-McCurdy framework for early now, when we are borrowing the kind But it is something I believe should not warnings. So that was one. of money that we are borrowing from be in the priority when we are bor- The other, as the junior Senator from our grandchildren, when we are fight- rowing the money. Oklahoma is aware, the IG at the De- ing a war we are not paying for and There is $500,000 for an interpretive partment of Justice said we have had charging to our grandchildren? Should buoy system. It is a great idea with some conferences, what we call the we spend that money now or should we great historical significance but prob- ‘‘lavish conference situation.’’ One con- spend the money upholding the law and ably not right now. Should we be ference had meatballs at $4 a meatball, going after people who violated other spending this money if we are bor- lobster rolls, limousines. That is not people’s civil rights? Which is a better rowing it against our grandkids? about the kind of training that is sup- value? Which is a better purpose? Should we be spending this money posed to go on at law enforcement con- Which is a better core principle? when we are growing the budget, this ferences. We have had two of those I will not go into the details, al- appropriations bill by 11 percent? I amendments. though I am prepared to do it in rebut- don’t think so. Then when we come to Congress—so tal. There are now 35 maritime muse- Finally, $450,000 for an undersea vehi- we have come up with some reforms, ums in the gulf coast region, including cle in Mystic, CT. This is part of the and there are others in the bill, but

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.044 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12744 CONGRESSIONAL RECORD — SENATE October 4, 2007 those are two big ones. There are oth- to our aquarium or to our Maryland The PRESIDING OFFICER. The Sen- ers in the bill related to congression- Science Center. Teachers all over the ator from Connecticut. ally designated projects. Delmarva, including the great State of Mr. LIEBERMAN. Mr. President, I say to my colleague also that we, JOHN WARNER, whom we salute today first, I say to Senator MIKULSKI, she meaning Senator SHELBY and myself, and wish him well, they get into should be unrestrained in her meta- said that any congressionally des- science, and that is what promotes phorical employments. I thought they ignated project must meet criteria to their interest in wanting to be sci- were both creative and inspirational, even be considered. We were not going entists and engineers. If they don’t as is the bill she brings before the to have a bridge to nowhere. We were want to be scientists or engineers, Chamber, with Senator SHELBY as well. going to, if you will, have bridges to maybe they want to be doctors, nurses I rise to speak against the Coburn somewhere. They had to be not only for or lab techs. There are so many ways amendment. I will file some state- the political benefit, but they had to be people now come into science in addi- ments in the RECORD, but I say to Sen- tied to mission. They had to have mis- tion to engineering and Ph.D.s, and we ator MIKULSKI and Senator SHELBY, I sion and merit and matching funds, the need them. thank them, before I get to the amend- M&Ms: mission, merit, and matching Many of these projects that are listed ment, for the extraordinary work they funds. here—and we know we will hear about have done and particularly on matters Let’s take the Department of Jus- planetariums, we will hear about the of local law enforcement which are so tice. We would not even think about a grand and spectacular work of Dr. critical to the safety and well-being of congressionally designated project un- Ballard that is exciting so many peo- our communities and our people. They less it was for prevention, law enforce- ple, and we salute him because Captain stood up together in a bipartisan way. ment or prosecution. There had to be Ballard found the Titanic. We have to These programs have worked to reduce local funds or nonprofits and no con- make sure science and education is not crime in our neighborhoods. I wanted struction money. a sinking ship hit by the iceberg of to take this opportunity to thank In the area of Commerce, we said it chilling cuts in our programs. them. had to be related to coastal and marine I know my metaphors are going too Why do I oppose the Coburn amend- resources. It had to foster under- far, but what I want my colleagues to ment? Because the amendment would standing of the Earth’s environment. It know that we were not cavalier and prohibit any funding of a program that had to create jobs or keep jobs in said: Just give us any request and we happens to be located in Connecticut, America. Or it had to enhance the will fund it. We screened them. We in Mystic, CT, but is a program of real America COMPETES Act, which means scrutinized them. They had to be mis- national significance run by Dr. Bob science, technology or education. sion and merit and have matching Ballard, who is a national asset. He is I could also go through the NASA funds. We believe we have met this cri- an extraordinary visionary, explorer, criteria which, again, was science and teria. That is on the earmark reform. scientist, public servant, really an research, education to promote the en- On the issue of civil rights, I salute, American patriot in the best sense of gagement of science and engineering, again, our colleague from Oklahoma on the term. as well as aeronautics research, and, the issue of wanting to investigate Generally speaking, when I sought again, no private facility construction. these cold cases but assure him that reelection last year and my opponent I will not go through justification of throughout our bill, we have a vigorous attacked me about earmarks, I said each and every one of those projects. I civil rights enforcement. I thank my there are good earmarks and there are know the Senator from Connecticut colleague from Alabama for being such bad earmarks. A lot of what we do here will speak to his. I will speak to mine a stalwart ally on this issue. has to do with earmarking, to either in a moment. First of all, we actually have money add or subtract to the budget or to au- We have buoys—not like boys and in the bill, close to $378 million for the thorization bills, and I think people un- girls, but buoys, such as b-u-o-y-s, EEOC. While we are not only looking derstand that. buoys on the Chesapeake Bay. They are at cold cases, we are looking at hot I rise to say that it would be a ter- NOAA buoys. We have to have them cases right here and now and dealing rible result if, in pursuit of this amend- anyway, and they give important navi- with a terrible backlog. ment, which I know the Senator from gation information, as well as readings We also funded $9 million for the Oklahoma offers for reasons that are on temperature, tides, and so on, that Commission on Civil Rights. But along fiscal, he eliminated the funding of the is so important to keep our commer- with that, $116 million went to the advanced undersea vehicle at the Insti- cial shipping lanes open and are great Civil Rights Division at Justice to pay tute for Exploration, which happens to aids to the commercial and sports fish- for 760 attorneys and support staff. be located at the Mystic Aquarium. ing industry. Also, money went to the U.S. attorney Now, the first thing I want to say is We had the commemoration of to investigate crimes, including hate that the Institute for Exploration is Jamestown, and in the commemoration crimes and civil rights violations. run by Dr. Bob Ballard, who, as Sen- of Jamestown, they celebrated CAPT We also put in $370 million for the ator MIKULSKI said, is not only nation- John Smith’s voyage on the Chesa- FBI for over 270 agents to investigate ally famous but probably world famous peake Bay by mapping it. What we did, civil rights violations, those that have as the man who discovered the Titanic working with the National Geographic occurred now and also those very sad and who went on to discover the Bis- Society that actually raised the money cold cases. So $370 million, $116 million, marck in 1989 and the USS Yorktown in for this project, was add items to these and it goes on and on. The totals, actu- 1998. These are remarkable historic buoys that would also tell the history, ally when we count what we fund for achievements. He is a kind of ocean ar- when you got up close to it, of what oc- U.S. attorneys, my staff tells me it is cheological explorer. I am sure most curred in that geographic area. These $3 billion. Those U.S. attorneys do people hearing my voice have seen Dr. buoys provide important navigation, other things as well. Bob in one or another TV program de- and now they add value to history. We think we did a good job dealing scribing his extraordinary work, but Why is that important? It is impor- with the backlog at EEOC, reforming let me first say it happens to be lo- tant, first of all, for navigation rea- them, getting them refocused, funding cated at the Mystic Aquarium. It was a sons. It is important to also help us for the FBI, funding the Civil Rights Divi- major achievement when we convinced weather reasons because if we know sion, funding the Commission on Civil Dr. Ballard to locate there—the State our tides and temperatures, it will Rights, funding the Legal Aid Corpora- did. How do I compare it? In this time help. tion, and so on. We funded those en- of baseball playoffs, without demean- I will tell my colleagues what gets forcement and prosecution issues re- ing either side here, it would be like people interested in science and engi- lated to cold cases but also current the Yankees acquiring A-Rod or the neering in my State. It is kids working cases where we want to see justice Red Sox getting Josh Beckett. When hands on in science, not reading books done. Dr. Bob Ballard agreed to bring his In- about science but hands on, doing the I oppose the amendment of the Sen- stitute for Exploration to Mystic, CT, science. That is why they love to come ator from Oklahoma. we were thrilled. And I do want to

VerDate Aug 31 2005 04:32 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.093 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12745 stress that it is a separate institute vious expeditions, to continue this Im- $450,000. But our choice here today is, that happens to be located alongside mersion Presents Program. This is a we are just going to charge it to our and at the aquarium site. Tourists tremendous educational device. If you grandkids. have some access to part of its edu- want to excite American kids about We don’t have this money. This bill cational aspects, but it is separate. It going into science, what a thrilling has grown by almost 10 percent over is not just part of the aquarium. way to do it. what we funded last year. If you took This $450,000 is not a lot of money in So with all respect to my colleague, all the directed earmarks out of it, we a budget the size of our budget, but it and I respect what he is trying to do, I would be growing by about 41⁄2 percent. is going to be used to improve the think he has hit something here that So it is important for the American sonar on the unmanned technology for ought not to be hit. If it loses its fund- public to see the impact when we direct undersea mapping. In other words, ing, it will not just be a loss for the in- spending. there is an advanced undersea vehicle stitute or Dr. Ballard or the State of The purpose of this exercise—and I that Dr. Ballard and his team use for Connecticut, it will really be a loss for will continue to do this as long as I am undersea mapping, and this money will our Nation, both in terms of scientific in the Senate—is to try to force us into help him upgrade the sonar to chart inquiry for our Nation and also, I making the hard choices we really currently unexplored regions of the would suggest, national security. So I don’t want to have to make. I believe world’s oceans. thank Chairman MIKULSKI and Senator this committee did a good job of set- Dr. Ballard does this out of his gen- SHELBY for including this in their rec- ting the parameters and trying, but eral sense of inquiry, of scientific in- ommendation to the Senate, and for there is a new standard, and the stand- quiry, to use the extraordinary tools of that reason I would urge the rejection ard has to be, would you put in your modern technology to teach us things of the amendment offered by the Sen- own money? That is the standard we about most of the globe that is under- ator from Oklahoma. ought to go by because what we are water that we have never known much The PRESIDING OFFICER (Mr. really doing is transferring the cost of about. But he does it also in the after- SANDERS). The Senator from Okla- all these things to two generations, math of a career in the U.S. Navy, 30 homa. and it goes completely opposite of the years both Active and in the Reserve as Mr. COBURN. Mr. President, first of heritage of this country. an oceanographer and a naval intel- all, I would concede the value of what D-day starts January 1, 2008. You ligence officer. During his long career, Dr. Ballard has done. But the question know what D-day is? It is the first year he has been called upon to use his ad- isn’t whether this should get funded; of the baby boomers. It is the first year vanced underwater systems to carry the question is, Who should fund it? we start going down the tubes on Medi- out a number of highly classified mis- National Geographic made $15 mil- care and Social Security. And we can’t sions for the U.S. military. lion last year. They are a nonprofit or- even bring a bill to the floor that con- The sonar mapping technology that ganization. They had revenues of over strains spending to 4 percent or 5 per- 1 this $450,000 will help facilitate is very $1 billion. The State of Connecticut is cent—1 ⁄2 times inflation. The Amer- important to the Navy, and its develop- going to have over a $300 million sur- ican public doesn’t have that option ment has been supported by the Office plus. I don’t doubt that this is a very with their budgets because they do not of Naval Research because of its mili- worthy cause. The question is and what have an unlimited credit card. We just tary applications in support of sub- the American people are asking this increased the debt limit on this coun- marine warfare and countermine meas- body to do is to start making priorities try by $950 billion. Five times since ures. The money is in this bill because out of priorities. 1997 have we done that. When a child is it is strongly supported also by the Na- I think this is a very valid project. born today, not counting that debt, tional Oceanographic and Atmospheric He is one of 11 resident scholars for Na- which is $30,000 per man, woman, and Administration, part of the Depart- tional Geographic. I have studied the child, there is $400,000 worth of un- funded liabilities lying on each of those ment of Commerce, part of the juris- issue. It is not about whether it is a children. diction of this subcommittee of the Ap- priority for them. The question is, Who My point is, and I will quit talking ought to be paying for it? In a time propriations Committee, and NOAA about it—and I am not going to offer when we don’t have any money, when supports it because of its enormous po- the second amendment—we need to the dollar is sinking, when we are tential to explore the uncharted re- wake up and see that we can’t do ev- spending more and we are already fund- gions of the oceans for many reasons, erything we would like to do. We ought ing a war and charging the war to our including in search of precious natural to be doing what is absolutely nec- kids, what we are setting up is we are resources. essary and we ought to be paying for So what I am saying is the project, to going to continue to do things that this war. We ought to be making the our great pride, has a Connecticut ad- don’t have to be done by us when some- hard choices and paying for the war. dress, but it is a technology that is body else could do it. Consequently, we Mr. President, I yield the floor. critical for national security and even are going to borrow the money. The PRESIDING OFFICER. The Sen- international scientific research. There is half a billion dollars worth ator from Connecticut. I wish to go one step further here of earmarks in here, I would say to my Mr. LIEBERMAN. Mr. President, I about a bonus. I have been to visit this friend from Connecticut, and all of wish to respond briefly to my friend institute of Dr. Ballard’s in Mystic sev- them have some merit. The question is, from Oklahoma. eral times. It is a remarkable place. I Who should be paying for some of I respect what he is about. I think we would urge anybody who is in Con- these? There are competitive grants on all understand we have to bring spend- necticut to go see it. But one of the museums that are run well by this ing under control. In fact, earmarks things he has done, because he is a real Government. They are very competi- are down generally in the appropria- educator, he has set up a system, an tive. They can get the $450,000 through tions process this year. But, again, educational program where he can ac- a competitive grant. They can apply there are good earmarks and bad ear- tually bring his scientific work to stu- for that. There is oversight on that. marks. It is part of what the people dents around the country. It is called There is a competition among prior- elect us to do, and I came to the floor Immersion Presents—an afterschool ities when we do that and run it. When to defend this earmark. program. He actually has the capa- we put it in directly, we, No. 1, consign I do want to say to my friend from bility to project his expeditions, in- our kids to paying for it, and No. 2, we Oklahoma that I am pretty sure, cluding the mapping expeditions that don’t put the responsibility on anybody though I haven’t had a chance to check would be improved by this $450,000, via else. it exactly, that the State of Con- the Internet to over 140 Boys Clubs and Now, if this is really necessary, Na- necticut is supporting some of Dr. Girls Clubs across the country. For 7 tional Geographic will stand up and Ballard’s programs. I hadn’t thought consecutive days, Dr. Ballard’s re- put the $450,000 into it, or if it is impor- about National Geographic. Maybe you search mission has broadcast live to tant to the education and instruction and I should go to Dr. Ballard and try thousands of students. So he will use in the State of Connecticut, with a $300 to get some money from him for the money for this, as he has in 10 pre- million surplus, they can put in the what——

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.095 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12746 CONGRESSIONAL RECORD — SENATE October 4, 2007 Mr. COBURN. I will be on the next Take a look at this chart. The red I want to mention the one difference airplane with you. line indicates the number of homicides I have with this bill, one that has to do Mr. LIEBERMAN. —for what he is per 100,000 citizens. The blue line indi- with a policy known around here as the doing. But I do want to say this is not cates the number of police officers. Tiahrt Amendment. the Mystic Aquarium; this is the Insti- Every time the number of police offi- No matter how many great programs tute of Exploration, which happens to cers on patrol decreased, the number of we fund in this bill, no matter that we be at the Mystic Aquarium. This really homicides increased. This is simple doubled funding for the Juvenile Men- does serve a national purpose and real- commonsense: more police means less toring Program, we will never success- ly an international purpose but a great crime. Yet the Bush administration fully stop violence unless we work to one for America—mapping the ocean chose to kill funding for the very pro- combat the illegal use of guns. Gun vi- floor for the use and the potential de- gram that is responsible for hiring olence is one of the most serious prob- velopment of precious natural re- more police officers to protect our lems facing our Nation. Every day on sources, and it is supported by the communities. And predictably, as this average, 81 more Americans will be Navy because it is of direct use to the chart clearly illustrates, the results shot dead—many of them innocent vic- Navy. have been disastrous. tims, including children. This is unac- Now, I know my friend from Okla- It is time to reverse that course. This ceptable. But, it is even more unac- homa is very principled in his fight, so bill provides $2.7 billion for State and ceptable for us, as legislators, to allow what I am about to say will not affect local law enforcement—$1.6 billion it to continue. him. But my staff just told him there more than the President’s request. But that is exactly what a provision are a bunch of students in Oklahoma With this money, our police will be in this bill does with its Tiahrt provi- who get to watch Dr. Ballard—I know, able to prevent gang violence, to com- sion. This provision could prevent the you love him—and his undersea immer- bat drug crimes, and to catch child sharing of gun trace data among law sion work, and this $450,000 will make predators. This bill also adds 100 FBI enforcement agencies. It will prevent that even better than it already is. agents whose specific purpose is fight- the ATF from providing trustworthy There are times when I will support ing the rising threat of violent crime. national data about the flow of crime the Senator from Oklahoma in some of It lifts a hiring freeze on DEA agents guns. It will make it harder to figure his efforts because overall they are and puts 200 new agents on the beat. out where illegal gun activity is most right. I think all of us know there is a But, while this bill does a lot to en- prevalent and what we can do to stop larger problem beyond earmarks in sure the safety of our communities, it. Without this data, our state and dealing with our fiscal imbalances. But there is still work to be done. That is local law enforcement will have a today, because I think he has struck why I am pleased that Chairman MI- much harder time combating violence some targets here that don’t deserve to KULSKI and the ranking member sup- in our communities and making us be struck, I respectfully urge rejection ported our amendment, an amendment safe. of his amendment. that doubles the funding for juvenile It should be a priority for all of us to The PRESIDING OFFICER. The Sen- mentoring programs. They care about better understand gun crime, so we can ator from New Jersey. that effort. better prevent it. But with the Tiahrt Mr. MENENDEZ. Mr. President, I It is no secret that juvenile crime— provision, data that is essential to un- rise to speak about the underlying bill, particularly juvenile gang activity—is derstanding gun trafficking and vio- and I will just take a few minutes to do a serious problem in this country. That lence will be concealed from law en- so. is why Senator FEINSTEIN and I worked forcement, concealed from lawmakers, Today, the Senate is debating a bill so hard to pass the Gang Abatement and concealed from the public. There is that ensures our homes and commu- and Prevention Act of 2007. One of the simply no way to make good policy nities are safe, it keeps us a world lead- biggest problems contributing to gang without having good information, good er in scientific research, it promotes activity and gang crime is a lack of di- data to base it on. economic development across the Na- rection and lack of supervision in the When convicts get released from pris- tion, and it funds our national census. lives of teens. on, we keep their fingerprints on file. I am here today because I strongly sup- Nor is it a secret that providing good But when a gun gets confiscated, infor- port the bill and I wanted to commend role models and more structure in the mation about it gets treated like a Chairman MIKULSKI for her work, as lives of teens has a significant impact State secret. Police can share finger- well as the ranking member. in reducing gang activity and violence. print data across state lines, because It reflects many of our Nation’s top That is why we need to beef up our ju- criminals move across State lines. But domestic priorities: putting more po- venile mentoring programs. under this bill, gun data has to be kept lice on our streets through the COPS The Juvenile Mentoring Program was within a small geographic area. program, ensuring the FBI has the established in 1992 with the specific I am very disappointed that this lan- tools it needs to fight domestic ter- goals of reducing juvenile delinquency guage has been included in the bill. rorism, providing the DEA with re- and gang participation, improving aca- But, it is a battle I will seek to fight sources to win the war on drugs, and demic performance and reducing school with others on another day. And, be as- protecting our children from sexual drop out rates. Programs funded under sured, I will. predators. I am proud to say there is the Juvenile Mentoring Program ini- As I said before, there is much for us much in this bill to celebrate. And it tiative link at-risk children, particu- to celebrate in this bill. And there is comes not a day too soon. larly those living in high-crime areas more to celebrate having accepted my Last week the FBI released its latest and those struggling in school, with re- amendment to double the funding for report on crime in America. The news sponsible, working adults. These chil- Juvenile Mentoring programs. was not good: crime is up for the sec- dren receive the structure and support I look forward to supporting the Ap- ond year in a row. that is otherwise missing in their lives. propriations bill and I urge my col- It is no coincidence that this rise in They learn about the dangers of drug leagues to do the same. crime follows years of repeated cuts to use, the perils of gang involvement, Mr. CARDIN. Mr. President, I rise in the COPS program by the Bush admin- and the importance of staying in opposition to the amendment offered istration and the Republican Congress. school. In other words, programs like by the junior Senator from Oklahoma. In 1994, COPS put more than 100,000 these provide children with the tools One of the items he seeks to eliminate new officers on the streets. According they need to avoid the pitfalls of gangs funding for is the Chesapeake Bay In- to the Government Accountability Of- and violence, to rise above the situa- terpretive Buoy System. This system fice, every dollar spent on COPS tion they were born into, and to make has support from both the President stopped 30 crimes from happening— a better life. I can think of no other and the Congress. To develop the sys- every dollar stopped 30 of our neigh- program more deserving of increased tem, the NOAA Chesapeake Bay Office bors, friends and family from being vic- funds and commend my colleagues for partnered with the National Park Serv- timized. In my opinion, that is a dollar recognizing this need and passing my ice, National Geographic Society, Con- very well spent. amendment. servation Fund, the Chesapeake Bay

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.096 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12747 Foundation, Sultana, Verizon, and oth- The PRESIDING OFFICER. Without want to offer the amendment and talk ers to determine the requirements for objection, it is so ordered. about it because I have received from the interpretive buoy system. Mr. SHELBY. Mr. President, I move them assurances of cooperation on this These requirements defined needs for to table amendment No. 3243 and ask issue. It is a very important issue. a new type of buoy, capable of col- for the yeas and nays. What I would like to do is ask unani- lecting environmental data—winds, The PRESIDING OFFICER. Is there a mous consent that the pending amend- waves, and currents—for users; water sufficient second? ment be set aside so that I might offer quality data for monitoring the health There is a sufficient second. an amendment. of the bay; and a system for commu- The question is on agreeing to the The PRESIDING OFFICER. Without nicating historical and cultural infor- motion. objection, it is so ordered. mation through cell phone technology The clerk will call the roll. Mr. DORGAN. I call up amendment and shore-based computer networks to Mr. DURBIN. I announce that the No. 3240 which is at the desk and ask the public and into the classroom. Senator from Delaware (Mr. BIDEN), for its immediate consideration. These buoys are an innovative com- the Senator from New York (Mrs. CLIN- The PRESIDING OFFICER. The ponent of the U.S. Integrated Ocean TON), the Senator from Connecticut clerk will report. Observing System, IOOS, a NOAA pri- (Mr. DODD), and the Senator from Illi- The assistant legislative clerk read ority, which supports safety and effi- nois (Mr. OBAMA) are necessarily ab- as follows: ciency of marine operations, public sent. The Senator from North Dakota [Mr. DOR- safety, studies of climate change and Mr. LOTT. The following Senators GAN], for himself, Mr. BINGAMAN, Mr. TESTER, variability, and protection and restora- are necessarily absent: the Senator Mr. BAUCUS, Ms. CANTWELL, and Mr. THUNE, tion of healthy marine ecosystems. In from Idaho (Mr. CRAIG), the Senator proposes an amendment numbered 3240. addition to providing interpretive in- from New Mexico (Mr. DOMENICI), the Mr. DORGAN. I ask unanimous con- formation—environmental, geograph- Senator from Nebraska (Mr. HAGEL), sent that the reading of the amend- ical, historical—to citizens of the wa- and the Senator from Virginia (Mr. ment be dispensed with. tershed, this system is part of the WARNER). The PRESIDING OFFICER. Without NOAA Education Program, developing The PRESIDING OFFICER (Mr. objection, it is so ordered. and delivering new science curriculum WHITEHOUSE). Are there any other Sen- The amendment is as follows: based on real-time environmental ob- ators in the Chamber desiring to vote? servations to Chesapeake Bay class- (Purpose: To increase funding for crime con- The result was announced—yeas 61, trol and methamphetamine abuse projects rooms, thus serving as a pilot for simi- nays 31, as follows: for Indians, with an offset) lar national programs. The interpretive buoy system is a [Rollcall Vote No. 363 Leg.] On page 27, line 8, strike ‘‘$104,777,000’’ YEAS—61 and insert ‘‘$84,777,000’’. part of IOOS. IOOS is a priority both in On page 54, strike lines 15 through 17 and Akaka Gregg Nelson (NE) the President’s Ocean Action Plan and insert the following: for NOAA. CBIBS is a component of the Alexander Harkin Pryor Allard Inouye Reed (A) $25,000,000 shall be available for Chesapeake Bay Observing System, Baucus Johnson Reid grants under section 20109(b) of the 1994 Act part of IOOS, providing water quality Bennett Kennedy Rockefeller (42 U.S.C. 13709(b)); measurements such as dissolved oxy- Bingaman Kerry Salazar On page 54, strike lines 20 through 22 and gen, salinity, temperature, clarity, and Bond Klobuchar Sanders insert the following: Boxer Kohl Schumer (C) $10,000,000 shall be available for dem- chlorophyll content; wind speed and di- Brown Landrieu Sessions onstration projects relating to alcohol and rection, wave height and direction, air Byrd Lautenberg Shelby crime in Indian Country, of which $5,000,000 temperature, barometric pressure, and Cantwell Leahy Cardin Levin Snowe shall be used to address the problem of meth- relative humidity; and current velocity Carper Lieberman Specter amphetamine abuse in Indian Country; and direction from the surface to the Casey Lincoln Stabenow On page 59, line 11, strike ‘‘$35,000,000’’ bottom. Cochran Martinez Stevens and insert ‘‘$40,000,000’’. The Chesapeake Bay is the largest es- Conrad McCaskill Tester Crapo Menendez Voinovich Mr. DORGAN. I offer this amendment tuary in the United States, being 200 Dole Mikulski Webb on behalf of myself and Senators miles long. The width of the bay varies Dorgan Murkowski Whitehouse BINGAMAN, TESTER, BAUCUS, CANTWELL, from 3.4 miles across to 35 miles across, Durbin Murray Wyden Feinstein Nelson (FL) and THUNE. This amendment deals with near the mouth of the Potomac River. the issue of the criminal justice sys- The shoreline of the Chesapeake Bay NAYS—31 tems on Indian reservations. Before I and its tidal tributaries, including all Barrasso DeMint Lott talk about the amendment itself, I tidal wetlands and islands, is over Bayh Ensign Lugar thank Senator MIKULSKI and Senator 11,600 miles. Until these buoys were de- Brownback Enzi McCain Bunning Feingold SHELBY for the bill they have put to- ployed, NOAA weather forecasters only McConnell Burr Graham Roberts gether. The legislation they bring to had one platform, Thomas Point Light, Chambliss Grassley Smith the floor from the Appropriations Sub- providing measurements for daily fore- Coburn Hatch Sununu committee is an important and marked casts for the bay. With these additional Coleman Hutchison Thune Collins Inhofe improvement on what the President real-time data sets, forecasters can Vitter Corker Isakson has requested. better predict weather and water con- Cornyn Kyl Let me describe what the President ditions on the bay supporting safety NOT VOTING—8 requested with respect to law enforce- and efficiency of marine operations, Biden Dodd Obama ment activities on Indian reservations. public safety, and marine navigation. Clinton Domenici Warner Why is this important? Because we This congressionally designated Craig Hagel have a trust responsibility on Indian project is not just a merit-based pro- The motion was agreed to. reservations, and we are not meeting gram. It is an especially economical Mr. LAUTENBERG. Mr. President, I it. For the tribal jails discretionary one. We get multiple benefits from this move to reconsider the vote. grants program in the year 2000, there single science platform in the bay. It is Mr. NELSON of Nebraska. I move to was $34 million; the President re- a worthwhile program and warrants lay that motion on the table. quested zero this year. My colleagues, our strong support. The motion to lay on the table was Senators MIKULSKI and SHELBY appro- Mr. President, I yield the floor. agreed to. I suggest the absence of a quorum. priated $15 million. Tribal courts as- The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- sistance, the same thing; tribal COPS, clerk will call the roll. ator from North Dakota. $40 million in the year 2000, zero in the The assistant legislative clerk pro- AMENDMENT NO. 3240 Administration’s 2008 request. Senator ceeded to call the roll. Mr. DORGAN. Mr. President, I intend MIKULSKI and Senator SHELBY restored Mr. SHELBY. Mr. President, I ask to offer an amendment. I have spoken that to $35 million. The list goes on. unanimous consent the order for the at some length with the managers, and The question is this: Do we or do we quorum call be rescinded. I will withdraw the amendment, but I not have a responsibility to fund these

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.085 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12748 CONGRESSIONAL RECORD — SENATE October 4, 2007 law enforcement responsibilities that We have a couple million American Ms. MIKULSKI. Mr. President, I sa- we have on Indian reservations? Last Indians living on reservations. The sys- lute the Senator from North Dakota. I week my committee, the Indian Affairs tem that was established over a cen- have found his comments about those Committee, heard testimony. Let me tury ago was that the Federal Govern- women being raped to be devastating, describe a bit of that testimony. A re- ment was going to have the basic law and I know we are going to continue to cent report shows that 34 percent of In- enforcement responsibility, and we work with him. dian women will be raped or sexually have not met it. We have not met our AMENDMENT NO. 3250 assaulted during their lifetimes. One- responsibilities in health care, in edu- I now ask unanimous consent that third of Indian women will be raped or cation, in housing, and we have not amendment No. 3250 be agreed to. assaulted during their lifetimes. We met them in law enforcement. The PRESIDING OFFICER. Is there heard from one retired Bureau of In- I have described on this floor ad objection? dian Affairs police officer who worked nauseum the situation with health Without objection, the amendment is on one of the Indian reservations: ‘‘We care. We have responsibilities for two agreed to. all knew they would only take cases groups of people for health care. We The amendment (No. 3250) was agreed with a confession. We were just too have responsibility for every one we to. loaded down. We were forced to triage throw into a Federal penitentiary. Ms. MIKULSKI. Mr. President, I our cases.’’ They are our prisoners. We provide for move to reconsider the vote. When this type of violence becomes their health care. We have a trust re- Mrs. HUTCHISON. I move to lay that commonplace, so commonplace that sponsibility for medical care for Amer- motion on the table. The motion to lay on the table was the police have to triage rape cases, ican Indians. That is because that is a decision our country made a long time agreed to. something is wrong. Somebody needs The PRESIDING OFFICER. The Sen- to take action. ago. We spend twice as much per per- son providing health care for Federal ator from Texas. We had other testimony that the call Mrs. HUTCHISON. Mr. President, I to the police in an emergency, in a cir- prisoners than we do to meet our obli- gation to provide health care for Indi- commend Senator MIKULSKI and Sen- cumstance where there is a violent ator SHELBY for the work they have crime being committed or just was ans. Many of these kids, many of the elders go wanting for health care in a done on the amendment that just committed, in some cases it takes an passed. This is a major step in the hour or an hour and a quarter to re- country like ours. I am talking now not about health right direction to assure that America ceive a response from a law enforce- care or housing or education where we stays in the forefront of space tech- ment official. have a full-blown crisis. I am talking nology, of the research, of the quality There are fewer than 2,000 Federal of life that we have gained from being and tribal law enforcement officers about law enforcement, the basics. If your life is not free from violence, you the first in space. I commend Senator who patrol more than 53 million acres MIKULSKI—I have so enjoyed working of land. In North and South Dakota we are always afraid. The fact is, we have circumstances where we have inad- with her—and Senator SHELBY for have four police officers patrolling the equate jail space. We have in many working with us in support of the 2.3 million acres of Standing Rock cases circumstances where violent amendment that was just added to the Sioux Indian Reservation. Survivors of crimes are committed, and yet they bill. violent crimes report waiting hours—in must be investigated by the FBI. They AMENDMENT NO. 3233, AS MODIFIED some cases days—for the police to re- must be investigated by the U.S. Attor- Ms. MIKULSKI. I ask unanimous spond to their urgent calls. ney’s Office and prosecuted by the U.S. consent that notwithstanding the The other issue is the lack of jail adoption of amendment No. 3233, it be space, the lack of places to incarcerate Attorney’s Office. The fact is, re- sources do not exist. That is the prob- modified with changes at the desk. violent criminals. Tribal jails face a lem. The PRESIDING OFFICER. Is there $400 million backlog in funding. I have My proposal is simple. My amend- objection? been to tribal jails. I have seen young ment was to increase the funding in Without objection, the amendment is kids lying on the floors of these jails. this legislation in two areas: one deal- so modified. The detention centers are unbelievably ing with detention centers, and that is The amendment, as modified, is as deplorable, in many cases. One Federal an urgent situation that is in need of a follows: official said that the lack of detention response. In the second area we provide On page 70, between lines 10 and 11, insert facilities means that this whole system a grant program to be increased, as it the following: SEC. 217. Notwithstanding any other provi- is a catch-and-release jail system. The properly should, to deal with the issue law enforcement officials of the tribe sion of this title— of alcohol and methamphetamine. (1) the amount appropriated in this title catch the criminals, and they are Methamphetamine is a scourge on In- forced to release many of them right under the heading ‘‘GENERAL ADMINISTRA- dian reservations. They are being tar- TION’’ is reduced by $10,000,000; back into the community to commit geted by gangs and by organized crime. (2) the amount appropriated in this title another crime. They are being targeted by non-Indi- under the heading ‘‘VIOLENCE AGAINST WOMEN We also heard testimony last week ans. They don’t have the law enforce- PREVENTION AND PROSECUTION PROGRAMS’’ about the Indian reservations becom- ment capability to take care of it. The under the heading ‘‘OFFICE ON VIOLENCE ing soft targets for criminal organiza- question is, are we going to do that? AGAINST WOMEN’’ is increased by $10,000,000; tions because of this neglect. That is and AMENDMENT NO. 3240, WITHDRAWN not the choice of the Indian tribes. The (3) of the amount appropriated in this title My colleagues from Maryland and under the heading ‘‘VIOLENCE AGAINST WOMEN fact is, they don’t want this happening Alabama have been very helpful in say- on the reservations. In May 2006, Fed- PREVENTION AND PROSECUTION PROGRAMS’’ ing they are willing to work with me to under the heading ‘‘OFFICE ON VIOLENCE eral officials seized a methamphet- increase these accounts and find ways AGAINST WOMEN’’— amine business plan. It outlined how to fund these things. As a result, I will (A) $5,000,000 is for grants to encourage ar- the organization wanted to replace al- ask that my amendment be withdrawn rest policies, as authorized by part U of the cohol abuse with meth abuse on the In- because we have made progress in com- Omnibus Crime Control and Safe Streets Act dian reservation because these are the mitments from those two legislators. I of 1968 (42 U.S.C. 3796hh et seq.); most vulnerable citizens. It outlined (B) $4,000,000 is for engaging men and youth thank them. I ask unanimous consent in prevention programs, as authorized by how non-American Indians should han- to withdraw the amendment. dle the drugs, and it explained that section 41305 of the Violence Against Women The PRESIDING OFFICER. Without Act of 1994 (42 U.S.C. 14043d–4); and tribal police couldn’t arrest them while objection, it is so ordered. (C) $1,000,000 is for the National Resource they are on the reservation. These sto- Mr. DORGAN. I look forward to Center on Workplace Responses to assist vic- ries are unbelievable. Again, a report working with them. In the next 5 or 6 tims of domestic violence, as authorized by that says one-third of Indian women months we are going to make some section 41501 of the Violence Against Women during their lifetime will be raped or real progress. Act of 1994 (42 U.S.C. 14043f). sexually assaulted, and we don’t have The PRESIDING OFFICER. The Ms. MIKULSKI. Finally, I ask unani- adequate law enforcement protection. amendment is withdrawn. mous consent that all first-degree

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.099 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12749 amendments to H.R. 3093 must be filed (13) including the near complete elimi- at the desk by 2:30 p.m. Monday, Octo- On page 97, between lines 19 and 20, insert nation of the COPS hiring program. ber 15. the following: As a result, once again crime is ris- The PRESIDING OFFICER. Without Of the unobligated balances made available ing across the Nation. The latest FBI for the Department of Justice in prior fiscal objection, it is so ordered. years, $110,000,000 are rescinded. crime reports showed a 1.9-percent in- The PRESIDING OFFICER. The Sen- crease in violent crime. This is the ator from Florida. Mr. CASEY. Mr. President, I rise on first 2-year increase in crime rates Mr. NELSON of Florida. Mr. Presi- behalf of Senator BIDEN, who cannot be since the COPS Program was first cre- dent, I wish to say thank you to my here today, and I join him in offering ated and hiring was funded. It is no co- colleagues. I am so grateful. We have an amendment to provide funding for incidence that when Congress funded worked this thing pretty hard. It is hiring more officers for the Commu- COPS, crime went down, but when the right that NASA be given some of nity Oriented Policing Services Pro- administration eliminated the COPS these funds they had to expend on an gram, or what is known popularly as hiring program, crime began to rise. emergency basis for the recovery to the COPS Program. I would argue that if the President of flight of the Space Shuttle Columbia. I Joining us on this amendment are the United States can find billions for want the chairman and the ranking Senators MIKULSKI, KOHL, BINGAMAN, tax breaks for wealthy Americans, he member to know how profoundly grate- CLINTON, KERRY, LEVIN, KENNEDY, should be able to find funds for putting ful I am for their leadership in making BAYH, CANTWELL, BOXER, SCHUMER, police on the streets of America. this happen. DODD, COLLINS, CARDIN, REED of Rhode Independent studies have verified the Now we have the challenge of going Island, and NELSON of Nebraska. effectiveness of the COPS Program. to the conference committee to make Mr. President, I also ask unanimous The GAO found a statistical link be- it stick. I am so grateful for your lead- consent that Senators LAUTENBERG and tween the COPS Program grants and ership. KLOBUCHAR be added as cosponsors, as reductions in violent crime. The Thank you, Mr. President. well as Senator WHITEHOUSE from Brookings Institute reported that The PRESIDING OFFICER. The Sen- Rhode Island. COPS is one of the most cost-effective ator from Maryland. The PRESIDING OFFICER. Without options for fighting crime. They found Ms. MIKULSKI. Mr. President, I objection, it is so ordered. it saves lives and saves money. yield to the distinguished Senator from Mr. LEAHY. Mr. President, will the So it is critical that Congress funds Pennsylvania. We had this pressing Senator yield? not only priorities overseas but here at amendment we needed to get done, but Mr. CASEY. I will. home. Rising crime is an alarming and the Senator from Pennsylvania and the Mr. LEAHY. Mr. President, I would complex problem. There is no one solu- Senator from Ohio have been very pa- like the Senator from Vermont to also tion, but having more cops on the tient. I will now yield such time as he be added as a cosponsor of the amend- street is part of the solution. may consume to the Senator from ment. I urge my colleagues to join Senator Mr. CASEY. Mr. President, I ask Pennsylvania. BIDEN and our numerous cosponsors in The PRESIDING OFFICER. The Sen- unanimous consent that the Senator increasing funding for this critical pro- ator from Pennsylvania. from Vermont, Mr. LEAHY, be added as gram that will provide us with more Mr. CASEY. Mr. President, I thank a cosponsor of the amendment. law enforcement on the streets and you and commend the work of our sen- The PRESIDING OFFICER. Without greater safety in our communities. ior Senator from Maryland on this bill objection, it is so ordered. I yield the floor. and so many others. I appreciate her Mr. CASEY. Mr. President, the COPS The PRESIDING OFFICER. The Sen- hard work on this bill and giving us Program was created in 1994, known ator from Maryland. then as the Biden crime bill, in re- this time. AMENDMENT NO. 3218 sponse to historically high rates of AMENDMENT NO. 3256 crime. Over 100,000 community policing Ms. MIKULSKI. Mr. President, I call Mr. President, I ask unanimous con- officers were hired to work the streets up amendment No. 3218 by Senator sent that the pending amendment be of communities across America. MURRAY and ask for its immediate con- set aside, and I call up amendment No. This successful program not only in- sideration. The PRESIDING OFFICER. Is there 3256 and ask for its immediate consid- creases the number of police officers on objection to setting aside the pending eration. the street to fight crime but also em- amendments? The PRESIDING OFFICER. Is there phasizes building collaboration and Without objection, it is so ordered. objection? partnership between the community The clerk will report. Without objection, it is so ordered. and law enforcement so we can prevent The assistant legislative clerk read The clerk will report. crime in addition to fighting crime. as follows: The assistant legislative clerk read Crime was driven down from all-time as follows: highs to historic lows. It stayed low The Senator from Maryland [Ms. MIKUL- The Senator from Pennsylvania [Mr. until about 2 years ago, when budg- SKI], FOR MRS. MURRAY, for herself, Ms. CASEY], for Mr. BIDEN, for himself, Mr. KOHL, CANTWELL, Mr. LEAHY, Mr. SCHUMER, and Mr. etary cuts by this administration CRAPO, proposes an amendment numbered Mr. BINGAMAN, Mrs. CLINTON, Mr. KERRY, Mr. began to show up in rising crime statis- LEVIN, Mr. KENNEDY, Mr. BAYH, Ms. CANT- 3218. tics. WELL, Mrs. BOXER, Mr. SCHUMER, Mr. DODD, Ms. MIKULSKI. Mr. President, I ask Mr. CASEY, Ms. COLLINS, Mr. CARDIN, Mr. Data released this week from the FBI unanimous consent that reading of the REED, and Mr. NELSON of Nebraska, proposes shows that violent crime has increased amendment be dispensed with. an amendment numbered 3256. again for the second year in a row. The PRESIDING OFFICER. Without The amendment is as follows: Philadelphia is one of several cities objection, it is so ordered. (Purpose: To appropriate an additional that is experiencing severe problems The amendment is as follows: $110,000,000 for community oriented polic- with violence. Although the crime in- creases of the past 2 years may be char- (Purpose: To provide funds for the Northern ing services and to provide a full offset for Border Prosecutor Initiative) such amount) acterized by some as minor, they are alarming because they follow a steady On page 53, line 11, after ‘‘officers’’ insert On page 57, line 7, strike ‘‘$550,000,000’’ and ‘‘and of which $20,000,000 shall be for the insert ‘‘$660,000,000’’. 10-year decline in crime rates across Northern Border Prosecutor Initiative to re- On page 60, line 2, strike ‘‘and’’ and all that the country. imburse State, county, parish, tribal, or mu- follows through ‘‘Funds’’ on line 3, and insert Why is this alarming increase in ef- nicipal governments only for costs associ- the following: fect? Well, some researchers and ex- ated with the prosecution of criminal cases (12) $110,000,000 is for grants under section perts predict that the uptick in crime declined by local United States Attorneys of- 1701 of title I of the 1968 Act (42 U.S.C. fices, subject to section 505 of this Act’’. 3796dd) for the hiring and rehiring of addi- rates are in part due to the administra- tional career law enforcement officers under tion’s budget cuts. In recent years, bil- AMENDMENT NO. 3218, AS MODIFIED part Q of such title, notwithstanding sub- lions in Federal funding for State and Ms. MIKULSKI. Mr. President, I send section (i) of such section; and local law enforcement have been cut— a modification to the desk.

VerDate Aug 31 2005 04:32 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.101 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12750 CONGRESSIONAL RECORD — SENATE October 4, 2007 The PRESIDING OFFICER. The (c)(1) The report required by subsection (b) be for Teach for America for science, tech- amendment is so modified. shall include an analysis of the methods used nology, engineering, and mathematics re- The amendment, as modified, is as to determine the condition of the United lated activities. follows: States economy and shall address— Ms. MIKULSKI. Mr. President, this (A) whether the statistical measure of the amendment provides funds for science, On page 53, line 3, strike ‘‘400,000,000’’ and United States economy correctly interprets insert ‘‘$420,000,000’’. the impact of imports and outsourced pro- engineering, technology, and mathe- On page 53, line 11, strike the semicolon, duction; matics-related activities at NASA. It add a comma and add ‘‘and of which (B) whether the statistical measures of the has been cleared on both sides and I $20,000,000 for a Northern Border Prosecutor United States economy result in an accurate urge its immediate adoption. Initiative to reimburse State, county, par- report of United States gross domestic prod- The PRESIDING OFFICER. Is there ish, tribal, or municipal governments only uct (GDP), productivity, and other aspects of further debate on the amendment? for costs associated with the prosecution of economic performance; criminal cases declined by local United If not, the question is on agreeing to (C) whether the impact of imports on the amendment. States Attorneys offices, subject to Section United States manufacturing levels and 505 of this Act;’’. competitiveness is accurately reported; and The amendment (No. 3268) was agreed At the appropriate place, add the fol- (D) whether other countries are accounting to. lowing: for import prices more accurately or fre- Mr. SHELBY. Mr. President, I move ‘‘the amount appropriated in this title under quently than the United States. to reconsider the vote. the heading ‘‘GENERAL ADMINISTRA- (2) If the findings of the report indicate Ms. MIKULSKI. I move to lay that TION’’ is reduced by $20,000,000;’’. that the methods used for accounting for im- motion on the table. Ms. MIKULSKI. Mr. President, this ported goods and United States wages result The motion to lay on the table was amendment, as modified, has been in overstating economic growth, domestic agreed to. cleared on both sides of the aisle and I manufacturing output, and productivity growth, the report shall include rec- The PRESIDING OFFICER. The Sen- urge its immediate adoption. ommendations with respect to— ator from Maryland. The PRESIDING OFFICER. Is there (A) what actions should be taken to Ms. MIKULSKI. Mr. President, I further debate on the amendment? produce more accurate import price indices know the Senator from Ohio has been If not, the question is on agreeing to on a regular basis; and waiting. He has been very cooperative the amendment, as modified. (B) what other measures of economic anal- and patient, and I appreciate it. I know The amendment (No. 3218), as modi- ysis should be used to accurately reflect the he wants to speak on an important fied, was agreed to. globalization of economic activity and issue that has been on his mind and Mr. SHELBY. Mr. President, I move offshoring of domestic production. (d) The report required by subsection (b) should be on the Senate floor as it re- to reconsider the vote. shall be completed and submitted to Con- lates to trade. Ms. MIKULSKI. I move to lay that gress not later than 18 months after the date The PRESIDING OFFICER. The Sen- motion on the table. of the contract described in subsection (b). ator from Ohio. The motion to lay on the table was Ms. MIKULSKI. Mr. President, this Mr. BROWN. Mr. President, I thank agreed to. amendment is cleared on both sides of the senior Senator from Maryland. AMENDMENT NO. 3225 the aisle and I urge its immediate AMENDMENT NO. 3260 Ms. MIKULSKI. Mr. President, I now adoption. Mr. President, I ask unanimous con- call up amendment No. 3225 by Senator The PRESIDING OFFICER. Is there sent to lay aside the pending amend- REID of Nevada and ask for its imme- further debate on the amendment? ment and call up amendment No. 3260. diate consideration. If not, the question is on agreeing to The PRESIDING OFFICER. Is this The PRESIDING OFFICER. Without the amendment. objection? objection, the pending amendments are The amendment (No. 3225) was agreed Without objection, it is so ordered. set aside. to. The clerk will report. The clerk will report. Mr. SHELBY. I move to reconsider The legislative clerk read as follows: The assistant legislative clerk read the vote. The Senator from Ohio [Mr. BROWN], for as follows: Ms. MIKULSKI. I move to lay that himself, Ms. STABENOW, Mr. BYRD, and Mr. The Senator from Maryland [Ms. MIKUL- motion on the table. ROCKEFELLER, proposes an amendment num- SKI], for Mr. REID, proposes an amendment The motion to lay on the table was bered 3260. numbered 3225. agreed to. Mr. BROWN. Mr. President, I ask Ms. MIKULSKI. Mr. President, I ask AMENDMENT NO. 3268 unanimous consent that reading of the unanimous consent that reading of the Ms. MIKULSKI. Mr. President, my amendment be dispensed with. amendment be dispensed with. last request is, I send an amendment to The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the desk and ask for its immediate con- objection, it is so ordered. objection, it is so ordered. sideration. The amendment is as follows: The amendment is as follows: The PRESIDING OFFICER. Without (Purpose: To prohibit the use of any funds (Purpose: To require an analysis of the meth- objection, the pending amendments are made available in this Act in a manner ods for collecting data regarding the status laid aside. that is inconsistent with the trade remedy of the United States economy and a deter- The clerk will report. laws of the United States, and for other mination of whether the current data re- The assistant legislative clerk read purposes) sults in an overstatement of United States as follows: On page 97, between lines 9 and 10, insert economic growth, domestic manufacturing the following: The Senator from Maryland [Ms. MIKUL- output, and productivity) SEC. 528. LIMITATION ON NEGOTIATING SKI] proposes an amendment numbered 3268. On page 26, after line 24, insert the fol- TRADE AGREEMENTS.—None of the funds ap- lowing: Ms. MIKULSKI. Mr. President, I ask propriated or otherwise made available in SEC. 114. UNITED STATES ECONOMIC DATA. unanimous consent that reading of the this Act may be used in a manner that is in- (a) Of the funds provided in this title for Eco- amendment be dispensed with. consistent with the principal negotiating ob- nomic and Information Infrastructure under The PRESIDING OFFICER. Without jective of the United States with respect to the heading ‘‘ECONOMIC AND STATISTIC ANAL- objection, it is so ordered. trade remedy laws to preserve the ability of YSIS’’, $950,000 shall be used to carry out the The amendment is as follows: the United States— study and report required under this section. (1) to enforce vigorously its trade laws, in- (b) Not later than 60 days after the date of (Purpose: To provide funds for science, engi- cluding antidumping, countervailing duty, the enactment of this Act, the Secretary of neering, technology, and mathematics re- and safeguard laws; Commerce shall enter into a contract with lated activities) (2) to avoid agreements that— the National Academy of Sciences to con- On page 97, between lines 9 and 10, insert (A) lessen the effectiveness of domestic and duct a study and report on whether the im- the following: international disciplines on unfair trade, es- port price data published by the Bureau of SEC. 528. FUNDS FOR TEACH FOR AMERICA.— pecially dumping and subsidies; or Labor Statistics and other economic data Of the funds provided in this Act for the Na- (B) lessen the effectiveness of domestic and collected by the United States accurately re- tional Aeronautics and Space Administra- international safeguard provisions, in order flect the economic condition of the United tion, under the heading ‘‘SCIENCE, AERO- to ensure that United States workers, agri- States. NAUTICS, AND EXPLORATION’’, $3,000,000 may cultural producers, and firms can compete

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.111 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12751 fully on fair terms and enjoy the benefits of ployed for measuring and remedying at a healthy funding level. A national reciprocal trade concessions; and unfair foreign dumping—the practice of effort is needed to ensure that NASA (3) to address and remedy market distor- selling products in the United States at can meet the civil and military needs tions that lead to dumping and subsidiza- below ‘‘fair value,’’ which corrupts free in the future. tion, including overcapacity, cartelization, This issue came up when the Senate and market-access barriers. market competition and undermines U.S. industries. debated the budget for the 2008 fiscal Mr. BROWN. Mr. President, first of Zeroing, a practice our Government year. In 2007, Congress provided $717 all, I thank the senior Senator from has used for more than 80 years, has million for aeronautics research, in Maryland for her work, especially been upheld by U.S. courts and the cost-adjusted numbers. I know Senator today, on much of what she has done, GATT and is recognized as good policy WARNER and I are very thankful that but especially for what she did on because it combats unfair dumping. the Appropriations Committee was NASA earlier today that will matter to The WTO’s decisions threaten to cre- able to provide this funding. Yet the northern Ohio, my whole State, and to ate an enormous loophole in trade law administration proposed, in their fiscal much of the rest of this country. enforcement. This affects industries year 2008 budget, only $554 million for I rise, quickly, to offer an amend- and local economies throughout our aeronautics. In an age of increased ment that will help America’s manu- country—not just steel, not just paper, global competition from Europe, facturers compete on even terms with so many things. The WTO decisions on China, and other nations, this decision foreign manufacturers. issues such as zeroing is an overreach. is alarming. American manufacturing, for genera- The USTR must work harder to over- We appreciate the demands faced by tions, has been a tremendous source of turn the recent European and Japanese Chairman MIKULSKI and Ranking Mem- pride for our country and a ladder to zeroing decisions in negotiations and ber SHELBY on funding all the programs the middle class for our working fami- delay full implementation of the Japa- under their subcommittee’s purview. lies. nese decision until, at a minimum, However, as I noted in March during American manufacturing fuels our other methodologies are in place to the budget debate, and I repeat that economy and supplies our national de- capture 100 percent of dumping. message today, aeronautics research is fense infrastructure. It would be dan- If the WTO continues to target U.S. essential for the United States to gerous, on many levels, for our country trade remedy laws, we need to fight maintain its advantage in aeronautics to ignore the anticompetitive forces back. The administration’s lack of technologies and air superiority within the military. It is essential to inspiring that are buffeting our manufacturing backbone is unacceptable. This amend- a new generation of children who one sector. It would be, and it is. ment is a modest reminder to the ad- day might make a career in aviation, Over the last several years, American ministration that we need to vigor- engineering, computer modeling and manufacturing has faltered and mil- ously enforce our trade laws. simulation. lions of jobs have been lost. In my I urge my colleagues to give it their It is also important that Congress home State of Ohio, well over 200,000 support. supports NASA Administrator’s objec- manufacturing jobs have disappeared AERONAUTICS RESEARCH tive of 10 Healthy Centers, especially in the last half decade or so—from Mr. WEBB. Mr. President, I would ensuring the well-being of its four re- Steubenville to Lima and from Cleve- like to engage the distinguished chair- search centers, which are scheduled to land to Dayton. woman of the Commerce, Justice, and face significant budget decreases in the Workers and manufacturers in all our Science Appropriations Subcommittee, outyears. These research centers have States find it increasingly difficult to Senator MIKULSKI, in a colloquy about cutting-edge facilities that are oper- compete in today’s global markets, the importance of aeronautics funding. ated and maintained by highly re- where the odds are stacked against The chairwoman is aware that both spected scientists. Over the years, they them because of unfair trade practices. Senator WARNER and I have serious have produced outstanding basic re- American industry can compete with concerns about decreased funding for search, especially in aeronautics, anyone in the world when it is a fair aeronautics. Together we look forward which is then utilized by the private fight. to working with the Appropriations sector to make significant advance- Our international trade laws are in- Committee to ensure adequate funding ments in the space and aeronautics in- tended to secure a level playing field, for important aeronautics research dustries. but, unfortunately, some of our trading programs in Virginia. Ms. MIKULSKI. The committee rec- partners have repeatedly found ways to Aeronautics research programs have ognizes the importance of aeronautics circumvent these laws to gain an un- been essential to our economic and research and NASA’s 10 Healthy Cen- fair advantage against workers in the military security for decades. Think ters effort. We share your concern United States. This has led to record- about the millions of people who fly about the steady decline in budget re- breaking trade deficits, which threaten every year and the countless jobs and quests for aeronautics research. We the long-term health of our economy, communities that have been affected will work with you to ensure this crit- and massive job losses, which have by this research. From the days of the ical and historical strength of NASA is wreaked havoc on the middle class. first flight of the Wright Brothers at funded at a level sufficient to maintain Some foreign governments, for exam- Kitty Hawk, NC, to the modern-day our country’s competitive edge in aero- ple, have unfairly and illegally doled aviation industry today that rep- nautics. out massive subsidies to their own resents millions of jobs and contributes PLANT GENOME RESEARCH PROGRAM companies and others willing to rees- billions of dollars to our economy, our Mr. BOND. Mr. President, the distin- tablish offshore, contributing to the country has been served well by the in- guished chair of the subcommittee and migration of manufacturing jobs over- vestments we have made in aeronautics I have long been strong supporters of seas and artificial price advantages for research. That history, however, and plant genomics in general and the imported products. our present are at a crossroads. Plant Genome Research Program un- Despite evidence that something is The advances made possible by Gov- dertaken at the NSF in particular. The very wrong, you can look at job loss ernment-funded research in emerging Plant Genome Research Program pro- figures, deficit figures, outsourcing fig- aeronautics technologies have enabled duces basic scientific research by pro- ures or offshoring figures. Our Govern- long-standing military air superiority viding for peer-reviewed competitive ment has chosen not to aggressively for the United States in recent decades. research grants to qualified institu- enforce U.S. trade remedy laws. It has The vast majority of military aircraft tions. Maintaining significant support also failed to successfully advocate for design the U.S. military currently flies for fundamental research in crop sys- U.S. interests in the multilateral dis- incorporate advanced technologies de- tems is more important than ever as pute settlement setting. veloped at NASA Research Centers. As agriculture is trying to meet the de- The WTO has issued a series of deci- a result, it is important for NASA’s co- mands of consumers worldwide by pro- sions striking down the practice known operative research efforts with the De- viding a safe and secure supply of re- as zeroing in U.S. antidumping pro- partment of Defense regarding military sources for human and animal nutri- ceedings. Zeroing is a methodology em- aviation technologies are maintained tion, fiber, green products, bioenergy,

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.054 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12752 CONGRESSIONAL RECORD — SENATE October 4, 2007 and plant-based nutraceuticals and are trying to do the right thing for and legislation to remove barriers to other leading edge applications. This their patients—an encumbrance that the adoption of health IT. These bar- initiative has had strong backing over has unfortunately led many overbur- riers include a misalignment of incen- the years from the broad-based science dened doctors to give up electronic pre- tives and inadequate funding, the lack community in conjunction with farm- scribing altogether. This is a travesty. of standards adoption, and privacy and ers and those up the food supply chain. As a former attorney general and a security concerns. Some of these bar- Together, as leaders of the VA/HUD former U.S. attorney, I am sensitive to riers are large and will take all of us and Independent Agencies Sub- the prosecutorial concerns of the Drug working together to find solutions. I committee, we began this initiative in Enforcement Administration. But CMS am committed to doing so and look for- 1997. It remains critical that we protect has been working without success for ward to working with my colleagues the integrity of the program and en- years with the DEA to resolve their this Congress toward that goal. sure its remains a priority at the NSF. differences on this issue. Apparently, There are also some barriers that Is it the expectation of the sub- the DEA refuses to budge. I would like should be easy to remove, and we must committee that the Plant Genome Re- to know why. Billion-dollar trans- do so this year. One of those is the cur- search Program is funded at no less actions are done electronically; highly rent U.S. Drug Enforcement Adminis- than $100 million? classified national security informa- tration, DEA, prohibition on the elec- Ms. MIKULSKI. Mr. President, that tion travels electronically; military at- tronic transmission of prescriptions for is correct. tack aircraft are targeted electroni- controlled substances, schedules II-V. Mr. BOND. Further, is it the expecta- cally. I would say to the DEA: Please tion of the subcommittee that funding do not tell me we cannot figure out a We know that e-prescribing saves for the Arabadopsis 2010 program con- way for a doctor to prescribe Vicodin lives, prevents injury, improves patient tinue to be financed through the BIO electronically. I think we need to de- care outcomes, is more efficient, and directorate, yet separate from funds mand a joint report from CMS and the saves health care dollars. One amazing provided for the plant genome project DEA laying out a way, or ways, to statistic: According to the Center for as it has in the past? overcome this hurdle, to be completed Information Technology Leadership, Ms. MIKULSKI. Mr. President, that at the earliest practicable date but no CITL, e-prescribing systems with a net- is my expectation. I appreciate your later than 1 month after the date of en- work connection to pharmacy and ad- long standing support of plant actment. In the absence of the DEA vanced decision support capabilities genomics and will work to see that changing the rules, we must seek a can help avoid more than 2 million ad- these important programs continue to statutory solution to this problem. verse drug events, ADEs, annually— receive support as they have in the Considering the extraordinary poten- 130,000 of which are life-threatening. past. tial of e-prescribing, we have to break It is important to note that some of ELECTRONIC PRESCRIBING this logjam. the most dangerous drug interactions Mr. WHITEHOUSE. Mr. President, I Mr. President, I would ask the chair- can occur with and between controlled would like to engage the distinguished man if she would work with me to en- substances. Preventing them from chairman of the Subcommittee on sure that CMS and the DEA will work being processed electronically also pre- Commerce, Justice, and Science Appro- together to propose a reasonable ap- vents a physician’s ability to do a com- priations, Ms. MIKULSKI, in a colloquy proach soon to allow the electronic puter drug interaction check to avoid concerning the e-prescribing of con- prescribing of controlled substances? what could be a fatal interaction. trolled substances. Would the chairman Ms. MIKULSKI. Mr. President, I Additionally, although the schedule and manager of the bill entertain a would say to the Senator from Rhode II–V drugs account for only 12 to 15 per- question? Island that it is my intention to do cent of all prescriptions, the prohibi- Ms. MIKULSKI. Mr. President, I just that. I agree that a joint report be- tion affects a much larger percentage would be happy to. tween the DEA and CMS will help us of prescriptions for a very simple rea- Mr. WHITEHOUSE. Mr. President, I move forward in this crucial area of son: of the relatively small number of thank the chairman. As she knows, I health information technology and physicians who have tried to move to am a profound believer in the potential bring down a serious barrier to im- electronic prescribing, some are giving of health information technology to proved patient care. it up entirely because they are prohib- revolutionize the way we deliver health Ms. STABENOW. Mr. President, I ited from using it for all drugs. Physi- care in this country. The potential for commend the leadership of Senator MI- cians need to be able to use one means better coordinated care, reduced med- KULSKI in ensuring appropriate funding to write all prescriptions. If they must ical errors, increased patient satisfac- for the many critical activities under shift from electronic to paper depend- tion, and enhanced patient peace of the auspices of the Commerce, Justice, ing on the patient or depending on mind is enormous. It is also worth not- and Science spending bill. which drug a particular patient needs, ing that several well-respected organi- I also commend my colleagues, Sen- the confusion and extra time become zations estimate annual savings near ators WHITEHOUSE and KENNEDY, for too large a barrier to electronic pre- $80 billion. their leadership in the critically im- scribing. The result is a return to paper Unfortunately, we have been unable, portant arena of health information prescribing, and increased costs, in- as a nation, to develop an interoper- technology, IT. Without their diligent creased errors, and worse health out- able, integrated health information in- work, the promises of health IT to re- comes. frastructure the way we were able to duce costs and improve quality of care do with our highway system or our would be very distant indeed. The prohibition on e-prescribing of railroad tracks. This is the result of a Even with their dedication and that controlled substances not only has a variety of barriers that we, as legisla- of many other colleagues, we have our ripple effect in that it deters e-pre- tors, have a responsibility to tackle if work set out for us as we seek to accel- scribing of all medicines, but it may we are going to take this necessary erate the adoption of health IT. The deter adoption of electronic medical step to improve health care in this Na- Democratic steering committee heard records in general. Electronic pre- tion. One of those barriers is the cur- yesterday from leaders on all aspects of scribing is the first step to adoption of rent prohibition by the Drug Enforce- health information technology—rep- full electronic medical records; if doc- ment Administration, DEA, on the resenting consumers, health care pro- tors can’t efficiently adopt the process electronic prescribing of controlled viders, business, insurers, labor, and of writing prescriptions electronically, substances. others. All share an appreciation for they are less likely to adopt electronic This ban requires physicians who e- what health IT can do to manage costs medical records. prescribe to maintain two separate sys- and ensure that patients get the care The widespread adoption of elec- tems: an electronic system for noncon- they need, at the right time, and in the tronic medical records could save up to trolled substances and a paper system best setting. $100 billion annually. Given the fact for controlled substances. This is an Yet they also expressed a shared that health care will soon consume 20 excessive encumbrance for doctors who sense of the need for Federal leadership percent of our country’s gross domestic

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Mr. President, I violations that occurred prior to 1970 scribing and electronic medical thank the Senator from Rhode Island and resulted in a death. records, not keep in place policies that for drawing our attention to this bar- There is an urgent need for the Con- deter adoption. rier in the advancement of electronic gress to enact this measure. Given the I understand and appreciate that the prescribing. The use of electronic pre- advanced age of defendants and poten- DEA has a very important law enforce- scribing technologies offers an oppor- tial witnesses, there remains only a ment function and needs to have the tunity to improve health care out- small window of opportunity in which tools to enforce the laws and prosecute comes by reducing medication errors to solve these cases. Ultimately, the law breakers. However, electronic pre- and improving patient compliance with purpose of this bill is to provide justice scribing is not a barrier to that. The physician orders and screening for dan- to the families of those who were mur- systems that have been used for years gerous drug-drug interactions. Physi- dered for racially motivated reasons to transmit prescriptions electroni- cians and pharmacies in Massachusetts prior to 1970. The bill expresses the cally are secure and auditable. In fact, have begun to adopt e-prescribing and sense of Congress that all authorities electronic prescribing will not only patients are benefiting. Massachusetts with jurisdiction, including the Federal help enforcement but will create new was recently recognized as the State Bureau of Investigation and other enti- opportunities to prevent abuse of con- with the highest volume of electronic ties within the U.S. Department of Jus- trolled substances. Existing e-pre- prescriptions per capita. Electronic tice, should expeditiously investigate scribing processes are actually more prescribing systems offer security ad- unsolved civil rights murders, and pro- secure than written prescriptions. vantages beyond those available vide the resources necessary to ensure Banking transactions have been con- through a paper-based system by re- timely and thorough investigations in ducted for years electronically, and au- quiring user authentication and gener- the cases involved. thorities have been able to prosecute ating an audit trail of prescriptions The families of the victims of these people who misuse the technology. I submitted to pharmacies. Creating a heinous crimes deserve no less. It is my am confident we can do the same with method by which controlled substances hope that this bill, which has been ap- respect to any misuse regarding con- can be safely and securely prescribed proved by the Senate Judiciary Com- trolled substances. electronically will encourage physi- mittee, will soon be voted upon and I know that the DEA has acknowl- cians’ adoption of the technology. I passed by the Senate. edged that e-prescribing offers many support the Senator from Rhode Is- The PRESIDING OFFICER. The Sen- benefits and has considered ways to ator from Washington. allow the electronic transmission of land’s proposal for a joint report by the f controlled substance prescriptions. And U.S. Drug Enforcement Administration I know that DEA and Health and and the Department of Health and EXECUTIVE SESSION Human Services held a public meeting Human Services to evaluate how elec- last year to begin to address this issue. tronic prescribing of controlled sub- NOMINATION OF JENNIFER WALK- That was a great first step, but stances can be safely achieved. I also ER ELROD TO BE UNITED progress has been very slow and now we urge the Drug Enforcement Agency to STATES CIRCUIT JUDGE FOR need to solve this problem in a way adopt rules allowing controlled sub- THE FIFTH CIRCUIT that realizes the benefits of health IT, stances to be electronically prescribed is secure, scalable within the industry, and in the absence of such rules look Mrs. MURRAY. Mr. President, I ask and that protects the DEA’s interests. forward to working with my colleagues that the Senate proceed to executive One relatively easy fix may be to to address the issue legislatively. session to consider Executive Calendar simply amend the Controlled Sub- Ms. MIKULSKI. Mr. President, I No. 302, as under the previous order. stances Act to permit electronic pre- agree with the Senator from Massachu- The PRESIDING OFFICER. Under scribing. There may be other ways to setts. I am committed to working with the previous order, the Senate will pro- address the problem, and I am open to the Senator from Rhode Island, the ceed to executive session to consider discussing those. What is critical is Senator from Michigan, and the chair- the following nomination, which the that we find a way to allow e-pre- man of the HELP Committee to solve clerk will report. scribing for all medications soon— this problem. The assistant legislative clerk read every day we delay, the cost in dollars Mr. WHITEHOUSE. Mr. President, I the nomination of Jennifer Walker and lives grows. We need incentives to thank the chairman and all my col- Elrod, of Texas, to be United States encourage adoption of e-prescribing, leagues for their help on this issue. Circuit Judge for the Fifth Circuit. not roadblocks to adoption. Increased Mr. BYRD. Mr. President, today I Mrs. MURRAY. Mr. President, I ask use of electronic prescribing will in- voted to table an amendment offered unanimous consent for 5 minutes under crease patient compliance, improve by Senator COBURN to H.R. 3093, the the time of Senator LEAHY. health outcomes, reduce medication er- Commerce, Justice, Science, and Re- The PRESIDING OFFICER. Without rors, and reduce health care costs. lated Agencies Appropriations Act of objection, it is so ordered. It is my sense that DEA should not 2008, which would have shifted funding NOMINATION OF RICHARD A. JONES invest additional resources in pursuing to the Civil Rights Division within the Mrs. MURRAY. Mr. President, I am plans to allow e-prescribing of con- U.S. Department of Justice for the in- honored to come to the floor today to trolled substances through measures vestigation and prosecution of un- speak on behalf of Richard Jones. He is that are unnecessarily high in cost and solved civil rights cases. a distinguished lawyer and a King complexity. I share Senator COBURN’s fervent and County Superior Court judge from my I join my colleagues in urging DEA sincere desire to solve these ghastly home State. He is a man who enjoys to quickly adopt rules allowing elec- crimes. However, I do not believe that broad bipartisan support, and he de- tronic prescribing of controlled sub- his amendment would achieve this im- serves a seat on the Federal bench. stances that rely on the high level of portant task. Instead, the Senate President Bush nominated Judge security built into the existing e-pre- should consider and pass S. 535, the Jones to be a district court judge for scribing infrastructure and are deemed Emmett Till Unsolved Civil Rights the Western District of Washington workable by all stakeholders. Crime Act. I am a cosponsor of this State. He is an excellent choice. I am Absent a timely adoption of such bill, which would commit the resources very proud to be here this afternoon to DEA rules, I look forward to working of the U.S. Government to inves- support him, and I urge my colleagues with my colleagues to find a solution tigating and prosecuting racially moti- to support him as well. to the prohibition on electronic pre- vated murders that occurred on or be- If you were to ask lawyers or judges scribing of certain medicines this year. fore December 31, 1969. The bill des- in my home State about Judge Jones,

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.084 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12754 CONGRESSIONAL RECORD — SENATE October 4, 2007 some of the descriptions you would minority youths. He has worked in the Elrod for the Fifth Circuit, Roslynn hear are, ‘‘He is admired by everyone community to expand opportunities for Renee Mauskopf for the Eastern Dis- in the justice system.’’ ‘‘He gives re- students to pursue legal careers by sup- trict of New York, Richard Jones for spect, and he gets respect.’’ ‘‘The test porting youth-oriented legal programs. the Western District of Washington, of one’s performance is the way they Judge Jones has shown a commitment and Sharion Aycock for the Northern handle the smaller cases. Richard dis- to the people of his community, and District of Mississippi. They each have plays precisely that same degree of that is one of the reasons why they the support of both home State Sen- sensitivity to all who appear before have shown a commitment to him. ators. I thank Senators MURRAY, CANT- him.’’ Since he was first appointed in 1994, WELL, COCHRAN, LOTT, HUTCHINSON, The Seattle Times described this the voters of King County have re- CORNYN, SCHUMER and CLINTON for nomination by saying: elected him three times. I know I speak their work in connection with these This is a lifetime appointment with no on behalf of a large number of people in nominations. room for mistakes, and we believe there is no my State’s legal and law enforcement The progress we have made this year mistake here. community in saying that our Federal in considering and confirming judicial I couldn’t agree more. Judge Jones bench will be stronger with Richard nominations is sometimes lost amid has handled some of the most difficult Jones. the partisan sniping over the most con- cases in western Washington in the It is my pleasure to be here on the troversial nominations. past decade and he has won the respect floor this afternoon to support his If the nominations we consider today of everyone who has come before him. nomination. He has garnered bipar- are confirmed, the Senate will have al- He presided over the sentencing of tisan support in my State, and I am ready confirmed 33 nominations for Gary Ridgway, who was known as the confident that his record of fair and lifetime appointments to the Federal ‘‘Green River Killer.’’ Ridgway pleaded unbiased service will earn him a bipar- bench this session alone. That is more guilty to 48 counts of aggravated first- tisan vote on the floor of the Senate judicial nominations than were con- degree murder in 2003 and is one of the today. I urge all of my colleagues to firmed in all of 2005 or 2006 with a Re- most prolific serial killers in American support this nomination. publican majority. It is 16 more con- history. That would be a tough case for I yield the floor. firmations than were achieved during any judge, but Judge Jones earned Mr. LEAHY. Mr. President, we have the entire 1996 session, nearly doubling praise for the sensitivity and dignity nominations before us for lifetime ap- that session’s total of 17, when Repub- licans stalled consideration of Presi- he showed for the victims of the Green pointments to the Federal bench of dent Clinton’s nominations. River killer. Jennifer Walker Elrod of the Fifth Cir- Judge Elrod would be the Fourth Cir- As a result of that case—and in rec- cuit, Roslynn Renee Mauskopf for the cuit court nominee confirmed so far ognition of his long service to Wash- Eastern District of New York, Richard this year. That is more than the num- ington State—in 2004, Judge Jones re- Jones for the Western District of Wash- ber of President Clinton’s circuit court ceived the ‘‘Judge of the Year Award’’ ington, and Sharion Aycock for the nominations confirmed by this time in from the Asian Bar Association of Northern District of Mississippi. 1999 with a Republican-led Senate and Washington, from the King County Bar The yeas and nays have not been or- four more than the Republican-led Sen- Association, from the Washington dered on any of these, have they? ate confirmed in the entire 1996 ses- State Bar Association, and from the The PRESIDING OFFICER. Only the sion. That was the session in which not Washington State Trial Lawyers Asso- nomination of Ms. Elrod has been re- a single circuit court nominee was con- ciation. ported. firmed. That is more than were con- Judge Jones has also been praised by Mr. LEAHY. But no request has been firmed in all of 1993 and equals the his peers for handling cases far out of made for the yeas and nays; is that cor- total in 1983. the media spotlight with the same care rect? If the nominations are confirmed and attention. Both Senator CANTWELL The PRESIDING OFFICER. That is today, the Senate will have confirmed and I assisted the President in choos- correct. 21 circuit court nominations and 133 ing Judge Jones from a list of very Mr. LEAHY. Mr. President, for the total Federal judicial nominees in my qualified candidates. When I met him, I interest of my colleagues, I do not an- tenure as Judiciary chairman. During was so impressed with his sensitivity, ticipate—I do not intend to ask for the the Bush Presidency, more circuit his professionalism, and his overall yeas and nays on any of these. I have judges, more district judges—more sense of fairness. Throughout his ca- discussed this with the distinguished total judges—have been confirmed in reer, Judge Jones has won high praise senior Senator from Pennsylvania, the first 24 months that I served as Ju- for his judicial demeanor and for the Senator SPECTER, and I believe I am diciary chairman than during the 2- respect he shows all parties. authorized to speak for him that he is year tenures of either of the two Re- In the courtroom, Judge Jones is not going to be requesting the yeas and publican chairmen working with Re- known for making articulate and pow- nays. publican Senate majorities. erful statements that make clear Mr. CARDIN. Would my distin- Today, we consider a nominee to the where he stands. He clearly meets the guished chairman yield for a moment? Fifth Circuit. During the Clinton ad- standards of fairness, evenhandedness, Mr. LEAHY. Yes. ministration several outstanding nomi- and adherence to the law we all expect Mr. CARDIN. As you know, I am nees to the Fifth Circuit were pocket from our Federal judges. going to be opposing the nomination of filibustered. They included Judge In his personal background, he grad- Jennifer Walker Elrod, but I will not be Jorge Rangel of Texas, Enrique Moreno uated from Seattle University and the seeking a record vote. of Texas and Alston Johnson of Lou- University of Washington School of Mr. LEAHY. Mr. President, I thank isiana. They were pocket filibustered Law. In private practice, Richard Jones the distinguished Senator from Mary- without a hearing or committee con- successfully represented both plaintiffs land. I know he is going to be speaking sideration. In contrast, the Judiciary and defendants in a variety of civil on that nomination and stating his Committee has proceeded with this cases. As a State and a Federal pros- reasons for opposition, but I wanted it nomination. ecutor, he had extensive experience known by both leaders that I will not The Administrative Office of the U.S. prosecuting criminal cases. Most re- be requesting a rollcall vote on any of Courts will list 44 judicial vacancies cently, as a full-time King County Su- these. I see the distinguished senior after today’s confirmations. The Presi- perior Court judge, Richard Jones has Senator from Mississippi is on the floor dent has sent us only 20 nominations distinguished himself and won broad and I have advised him of that also. for these remaining vacancies. Twenty- support. The Senate continues, as we have all four of these vacancies—more than In addition to all of those profes- year, to make progress filling judicial half—have no nominee. Of the 16 vacan- sional responsibilities, Judge Jones vacancies when the White House will cies deemed by the Administrative Of- also has been deeply involved in com- work with us. The nominations before fice to be judicial emergencies, the munity activities. He served as a us today for lifetime appointments to President has yet to send us nominees YMCA board member and mentored the Federal bench are Jennifer Walker for half of them. Of the 15 circuit court

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If we are prohibited by We have helped cut the circuit vacan- tion to court legislation, all on a bipar- objection from doing so by unanimous cies from a high mark of 32 in the early tisan basis. Yet we are stalled on sev- consent, then let us move to it and let days of this administration, to as few eral important matters. those with objections seek to amend as 13. Contrast that with the Repub- I have spoken before of the Repub- those provisions to which they object. lican-led Senate’s lack of action on lican objection to our going to con- There are too many incidents at too President Clinton’s moderate and ference to finish work on the Court Se- many colleges and schools nationwide. qualified nominees that resulted in in- curity Improvement Act, S. 378, which This terrorizes students and their par- creasing circuit vacancies during the the committee reported to the Senate ents. We should be doing what we can Clinton years from 17 to 26. During back in March. We had to overcome a to help. Just this past week, a troubled those years, the Republican-led Senate filibuster just to consider it. It ulti- student wearing a Fred Flintstone engaged in strenuous and successful ef- mately passed the Senate 97 to zero. mask and carrying a rifle through cam- forts under the radar to keep circuit We are being prevented from going to pus was arrested at St. John’s Univer- judgeships vacant in anticipation of a conference to resolve differences with sity in Queens, NY, prompting authori- Republican President. the House by Republican objection. ties to lock down the campus for 3 More than 60 percent of current cir- I have spoken before about the War hours. cuit court judges were appointed by Profiteering Prevention Act, S. 119, The next day, an armed 17-year-old Republican Presidents, with the cur- what has been stalled for months by on the other side of the country in rent President having appointed more unspecified Republican objections. Oroville, CA, held students hostage at than 30 percent of the active circuit I have spoken before about the Em- Las Plumas High School, which also re- judges already. mett Till Unsolved Civil Rights Crimes sulted in a lock-down. The students in Two of the vacancies being filled Act, S. 535. It was reported unani- these situations escaped with their today are categorized by the Adminis- mously by the Judiciary Committee, lives. trative Office of the United States yet a Republican Senator objected to University of Memphis student Tay- Courts as judicial emergency vacan- Senate passage this week. lor Bradford was not so lucky. He was Similarly there is a modest bill to cies. With these confirmations we will killed on campus this past Sunday extend temporary judgeships in five have proceeded to fill 18 such vacancies morning in what university officials districts, S. 1327. That simple bill is this year. believe was a targeted attack. He was Jennifer Walker Elrod is a judge on likewise being prevented from passage 21 years old. Shalita Middleton and Na- the 190th District Court for Harris by a Republican objection. thaniel Pew were not so lucky. They County, TX, a position she has held Today, I want to focus on another were both wounded during an incident since 2002. A native of Port Arthur, TX, important measure, the School Safety at Delaware State and are still hos- and a graduate of Baylor University and Law Enforcement Improvement pitalized from the gun shot wounds and Harvard Law School, Judge Elrod Act. with Ms. Middleton still in serious con- clerked for Judge Sim Lake on the U.S. Two months ago, the Senate Judici- dition. They are each only 17 years old. District Court for the Southern Dis- ary Committee originated the School The School Safety and Law Enforce- trict of Texas and spent 8 years in pri- Safety and Law Enforcement Improve- ment Improvement Act responds di- vate practice at Baker Botts before ment Act of 2007, a legislative package rectly to incidents like these by joining the bench. that responds to the tragic deaths that Roslynn Renee Mauskopf has served occurred this past April on the campus squarely addressing the problem of vio- as U.S. attorney for the Eastern Dis- of Virginia Tech. We tried to show def- lence in our schools in several ways. trict of New York since her 2002 ap- erence to Governor Kaine and the task The bill enlists the States as partners pointment by President Bush. Ms. forces at work in Virginia and to com- in the dissemination of critical infor- Mauskopf received her B.A. from Bran- plement their work and recommenda- mation by making significant improve- deis and her law degree from George- tions. Working with several Senators, ments to the National Instant Back- town before spending 13 years as assist- including Senators BOXER, REED, SPEC- ground Check System, known as the ant district attorney in the New York TER, FEINGOLD, SCHUMER, and DURBIN, NICS system. The bill also authorizes County District Attorney’s Office and the Committee originated this bill and Federal assistance for programs to im- serving a stint as New York State’s in- reported it before the commencement prove the safety and security of our spector general. of the academic year in the hope that schools and institutions of higher edu- Richard Anthony Jones has been a the full Senate could pass these crit- cation, provides equitable benefits to judge on the King County Superior ical school safety improvements this law enforcement serving those institu- Court since 1994. Previously, Judge fall. tions, and funds pilot programs to de- Jones, a graduate of Seattle University Over the past 2 weeks, Senator SCHU- velop cutting-edge prevention and and the University of Washington MER and I have tried separately to pass intervention programs for our schools. School of Law, served as an assistant the component of the bill designed to The bill also clarifies and strengthens 2 U.S. attorney in the Western District fix flaws in the Nation’s background existing statutes—the Terrorist Hoax of Washington, staff attorney for the check system. Regrettably, our efforts Improvements Act and the Law En- Port of Seattle, and deputy prosecuting were blocked by a single Senator. forcement Officers Safety Act—which attorney for King County, also spend- I do not think the Senate should con- are designed to improve public safety. ing 6 years in private practice at Bogle tinue to stand by and wait for the next Specifically, title I would improve and Gates. horrific school tragedy to make the the safety and security of students Sharion Aycock has been a state critical changes necessary to insure both at the elementary and secondary trial judge on the First Circuit Court safety in our schools and on our college school level, and on college and univer- District in Tupelo, MS, since 2003. A campuses. Risks of school violence will sity campuses. The K–12 improvements native of Tupelo, MS, Judge Aycock, not go away just because Congress may are drawn from a bill that Senator who received her B.A. from Mississippi shift its focus. In just the last few BOXER introduced in April, and I want State University and her J.D. from weeks we have seen tragedy at Dela- to thank Senator BOXER for her hard Mississippi College School of Law, ware State and Memphis, as well as in- work on this issue. The improvements served for 8 years as Itawamba County cidents in California and New York. I include increased funding for much- prosecuting attorney, and spent time urge the Senate to move aggressively needed infrastructure changes to im- in private practice in Mississippi as a with the comprehensive school safety prove security as well as the establish- solo practitioner and at law firms. legislation. ment of hotlines and tip-lines, which

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.118 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12756 CONGRESSIONAL RECORD — SENATE October 4, 2007 will enable students to report poten- Finally, title VI incorporates the her experience, and her temperament tially dangerous situations to school Terrorist Hoax Improvements Act of to serve as a U.S. district court judge. administrators before they occur. 2007, at the request of Senator KEN- As a lawyer, she was highly respected, To address the new realities of cam- NEDY. and as a judge on our State court that pus safety, title I also creates a match- Let us go forward and act now on this has general, civil, and criminal juris- ing grant program for campus safety important bill. The Virginia Tech Re- diction, she has served with com- and security to be administered out of view Panel—a body commissioned by petence and distinction and with a the COPS Office of the Department of Governor Tim Kaine to study the Vir- keen sense of fairness. She will reflect Justice. ginia Tech tragedy—recently issued its great credit on the Federal judiciary, The grant program would allow insti- findings based on a 4-month long inves- in my opinion. Judge Aycock has tutions of higher education to apply, tigation of the incident and its after- earned the respect and admiration of for the first time, directly for Federal math. This bill would adopt a number her fellow lawyers, as well as the funds to make school safety and secu- of recommendations from the Review judges who have worked with her. She rity improvements. The program is au- Panel aimed at improving school safe- has been selected to serve in many pro- thorized to be appropriated at ty planning and reporting information fessional and community positions of $50,000,000 for the next 2 fiscal years. to NICS. trust and responsibility. While this amounts to just $3 per stu- We must not miss this opportunity to The American Bar Association’s dent each year, it will enable schools implement these initiatives nation- Standing Committee on the Federal to more effectively respond to dan- wide, and to take concrete steps to en- Judiciary unanimously concluded that gerous situations on campus. sure the safety of our kids. she is ‘‘well qualified’’ to serve as a Title II of the bill seeks to improve I recognize that there is no panacea Federal district court judge. This is the the NICS system. The senseless loss of to end the sad phenomenon of school highest rating a judicial nominee can life at Virginia Tech revealed deep violence. The recent tragedies should receive from the American Bar Asso- flaws in the transfer of information rel- prompt us to respond in realistic and ciation. evant to gun purchases between the meaningful ways when we are pre- She was born and raised in the north- States and the Federal Government. sented with such challenges. I hope the east Mississippi town of Tremont in The defects in the current system per- Senate can promptly move this bill for- Itawamba County, where she graduated mitted the perpetrator of this terrible ward to invest in the safety of our stu- from high school with honors and was crime to obtain a firearm even though dents and better support law enforce- elected President of the student body. a judge had declared him to be a danger ment officers across the country. She also graduated with honors from to himself and thus ineligible under Mr. President, I apologize to my col- Mississippi State University in 1977, Federal law. leagues for my voice. We seem to have studying economics and political Seung-Hui Cho was not eligible to enough matter in the air to affect it. I science. While a student there, she was buy a weapon given his mental health look forward to the fact that in a cou- selected for membership in Phi Kappa history, but he was still able to pass a ple of days I will be in Vermont where Phi, the Nation’s oldest and largest background check because data was the air is much nicer, although I do honor society. She was inducted into missing from the system. We are work- love this area. I once had a longtime the Mississippi State University Hall of ing to close gaps in the NICS system. Fame, the university’s highest under- Title II will correct these problems, resident of Washington, DC, sitting on graduate honor. She also served as and for the first time will create a the front lawn of my farm in Mid- President of her social sorority. legal regime in which disqualifying dlesex, VT, looking out over miles of She received her law degree from the mental health records, both at the valleys surrounded by mountains. You Mississippi College School of Law, State and Federal level, would regu- don’t see another person, just this where she served as co-editor in chief larly be reported into the NICS system. magnificent view. It was a clear day. Title III would make sworn law en- I said to him: There, what do you of the Law Review and as treasurer of forcement officers who work for pri- think of that view? the Student Body Association. She vate institutions of higher education He said: I don’t like it. graduated second out of a class of 146 and rail carriers eligible for death and I said: What do you mean? You came and was admitted to practice law by disability benefits, and for funds ad- here from Washington, and you are see- the Mississippi State Bar. ministered under the Byrne grant pro- ing one of the most beautiful views After graduating from law school, gram and the bulletproof vest partner- anywhere in the State of Vermont, and Ms. Aycock returned to Itawamba ship grant program. you don’t like it? What don’t you like County and started her own practice in Providing this equitable treatment is about it? 1984. During her 12 years of law prac- in the best interest of our Nation’s edu- He said: I don’t trust air that I can- tice, she represented the Itawamba cators and students and will serve to not see. County Board of Supervisors and the place the support of the Federal Gov- Well, we cannot see the air there, Board of Education, the town of ernment behind the dedicated law en- but, boy, we can breathe it. I enjoy Tremont, the city of Fulton, and the forcement officers who serve and pro- that. Northeast Mississippi Natural Gas Dis- tect private colleges and universities I yield the floor. trict. She served as the Itawamba nationwide. I commend Senator JACK The PRESIDING OFFICER. The Sen- County prosecuting attorney from 1984 REED for his leadership in this area. ator from Pennsylvania is recognized. to 1992 and was honored as the State’s Title IV of the bill makes improve- Mr. SPECTER. Mr. President, I yield most distinguished juvenile justice ments to the Law Enforcement Officers 5 minutes to the Senator from Mis- professional. Safety Act of 2003. These amendments sissippi and then 5 minutes to the Sen- Judge Aycock was elected circuit to existing law will streamline the sys- ator from Texas. court judge for the First Circuit Court tem by which qualified retired and ac- The PRESIDING OFFICER. The Sen- District of Mississippi in November tive officers can be certified under ator from Mississippi is recognized. 2002. She was unopposed when she LEOSA. It serves us all when we per- Mr. LEAHY. Mr. President, I will sought reelection 4 years later, in No- mit qualified officers, with a dem- yield 15 minutes to the Senator from vember 2006. onstrated commitment to law enforce- Maryland following that. Except for statewide elected officials, ment and no adverse employment his- NOMINATION OF JUDGE SHARION AYCOCK trial judges have the largest geo- tory, to protect themselves and their Mr. COCHRAN. Mr. President, I am graphic areas of responsibility in our families wherever they may be. pleased to support the nomination of State under their jurisdiction. The fact Title V incorporates the PRE- Judge Sharion Aycock and recommend that she was unopposed when she was CAUTION Act, which Senators FEIN- her confirmation as U.S. district court reelected in 2006 means that many peo- GOLD and SPECTER asked to have in- judge for the Northern District of Mis- ple respected and appreciated the tre- cluded. This provision authorizes sissippi. mendous job she had done as a trial grants to develop prevention and inter- Judge Aycock is exceptionally well judge. Her court’s docket is one of the vention programs for our schools. qualified by reason of her education, busiest in the State of Mississippi, and

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She was chosen as ethic, her integrity, and her courteous of the court, both on the civil and the ‘‘Itawamba County Good Citizen of demeanor. She has an outstanding criminal dockets. She led the court in 2000’’ and selected as one of the Mis- record as a practicing attorney and as disposing of civil cases and the collec- sissippi Business Journal’s ‘‘Top 40 an active State court judge. She has tion of fines and criminal cases. Under 40.’’ demonstrated an impressive commit- She has contributed substantially to In addition to being heavily involved ment to public service and pro bono the improvement of the administration in her local community, Judge Aycock work throughout her career. of justice in our State and in the bet- has been an active member in the Mis- Both while in private practice and terment of her community. sissippi Bar Association. She served as while serving the people of Texas as a She has been an active member of First Judicial District President and trial judge, Judge Elrod has dedicated local and State bar associations. She Secretary, and was honored as a Fellow much of her free time to improving the served as First Judicial District sec- of the Mississippi Bar Foundation. lives of those less fortunate in the com- retary and president and was the first During her professional career, she munity. woman to serve as president of the Mis- has also received several gubernatorial Even with the demands of a career in sissippi Bar Foundation, an organiza- appointments, including appointments the law, she also found time to serve as tion dedicated to the improvement of to the Board of the Mississippi Home a board member and chairwoman of the the administration of justice in our Corporation; Board Member and Past Gulf Coast Legal Foundation, now State. She is also a fellow of the Mis- Chairman of the Mississippi State Per- called Lone Star Legal Aid. This orga- sissippi Bar Foundation. sonnel Board; and a Member of the nization serves more than 1 million She served as president of the Governor’s Commission on Youth and low-income Texans, making it the Itawamba County Development Coun- Children. fourth largest legal aid program in the cil, as a member of the Itawamba Judge Aycock is currently Circuit Nation. She also served as general County Hospital Foundation, and as Court Judge of the First Circuit Court counsel to Communities in Schools in cochair of the Itawamba County March District of Mississippi, a position she Houston and as the cochair of the of Dimes. was elected to in November of 2002. Houston Volunteer Association’s Legal Senator LOTT and I recommended the During her tenure, Judge Aycock has Hotline. nomination of Judge Aycock in Decem- had the opportunity to hear numerous As a judge, she assisted the Houston ber of 2006. I am pleased that the Presi- criminal and civil cases covering a Bar Association with numerous fund- dent nominated Judge Aycock and that broad range of subject matter and com- raising activities aimed at providing the Senate Judiciary Committee has plexity. She has presided over count- scholarships for diversity and equal ac- recommended the approval of her nom- less criminal cases, including capital cess to justice. Judge Elrod dedicated ination. murder, murder, manslaughter, and nu- her time to hosting and mentoring I urge Senators to vote to confirm merous drug offenses. Civil cases have legal interns from less-privileged back- this well-deserved nomination. included medical malpractice, con- grounds, opening her courtroom to Mr. LOTT. Mr. President, it is my tracts, fraud and misrepresentation, them and teaching these young men pleasure to have this opportunity to personal injury, and other suits for and women valuable oral advocacy speak on behalf of Judge Sharion monetary damages. skills. She has been an active partici- Aycock in advance of her confirmation I believe that Judge Aycock will pant in the Texas Access to Justice vote. Judge Aycock is the first female serve as a credit to both the Federal Commission, helping young lawyers to jurist from Mississippi to be nominated bench and to the State of Mississippi. I provide legal services to indigent cli- to a position on the Federal bench, and look forward to her confirmation. ents. I am delighted that the President has The PRESIDING OFFICER. The Sen- Mr. President, I know of few lawyers, chosen her to serve on the United ator from Texas is recognized. much less judicial nominees, with such States District Court for North Mis- NOMINATION OF JUDGE JENNIFER WALKER an outstanding record of consistent sissippi. ELROD commitment to pro bono services and Judge Aycock was born and raised in Mr. CORNYN. Mr. President, I am re- public service. Tremont, MS. After graduating with minded of a quote from Daniel Webster While my colleagues undoubtedly honors from Tremont High School, she when he said that ‘‘justice is the great- will acknowledge the importance of went on to attend Mississippi State est aspiration of man on earth.’’ I Judge Elrod’s career achievements and University where she graduated with a think the reason we take these judicial dedication to her community, we also degree in political science. Judge nominations so seriously is because the recognize that the most important at- Aycock then earned her law degree judiciary—the people who wear the tributes of a judicial nominee are their from the Mississippi College School of black robe—is the personification of temperament and commitment to the Law, where she served as Co-Editor-in- that aspiration for justice. rule of law. Above all else, a judge Chief of the Mississippi College Law Today, it gives me great pleasure to must faithfully interpret and apply the Review and finished 2nd in her class. speak in support of the nomination of law as written and not as they wish we Following law school, Judge Aycock Judge Jennifer Elrod of Houston to the in Congress should have written it. I was employed by the A.T. Cleveland U.S. Court of Appeals for the Fifth Cir- am confident Judge Elrod has dem- Law Office in Fulton, MS, and later cuit. In a few moments, the Senate will onstrated her ability to fairly and im- opened her own practice. While in pri- vote on her nomination. partially resolve cases before her. vate practice, she represented the As Judge Elrod’s career makes clear, Her demonstrated fairness and re- Itawamba County Board of Super- she is well qualified for a seat on the spect for all is a key reason why her visors, Itawamba County Board of Edu- Federal appellate bench. She has dem- nomination is supported across the cation, Town of Tremont, City of Ful- onstrated the legal acumen, the judi- Houston legal community. She has the ton, and the Northeast Mississippi Nat- cial temperament, and dedication to personal endorsement of the past and ural Gas District. She also served as public service which the Senate wisely current presidents of the Houston Bar the Itawamba County Prosecuting At- requires of all judicial nominees. Association, the Hispanic Bar Associa- torney from 1984 to 1992. Since 2002, Judge Elrod has been a tion of Houston, and the Mexican Judge Aycock has been extremely ac- State district court judge, serving on American Bar Association of Houston, tive in her local community serving as the 190th District Court in Harris which are just a sampling of the broad Past President of the Itawamba County County, TX. As a trial judge, she has base of her support. By all accounts, Development Council, a Member of the presided over more than 200 jury and Judge Elrod has exercised her judicial

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Judge Elrod, by her own admission, honored to enthusiastically rec- In meeting with Judge Elrod, has very little experience in appellate ommend to the Senate that it vote to chairing her nomination hearings, and litigation, with exception of the Cobb confirm her to the U.S. Court of Ap- reviewing her written responses to ad- case noted above. Her current job as a peals for the Fifth Circuit. I am con- ditional questions I posed to her, I am State district court judge involves ex- fident she will serve this Nation with not convinced Judge Elrod has the ex- clusively trial level proceedings. honor and distinction. perience for this position. A nominee for the circuit court—this Let me say in closing how much I ap- I start with the undisputed fact is our appellate court, our second high- preciate the chairman of the Judiciary about Judge Elrod’s record. By her own est court—who handles these types of Committee, Senator LEAHY, for giving admission, Judge Elrod has never writ- cases should have significant experi- Judge Elrod a timely hearing and for ten a single judicial opinion. In re- ence in appellate work. putting it on the markup on the Judi- sponse to the Judiciary Committee’s Judge Elrod, by her own admission, ciary Committee schedule. I appreciate questionnaire asking for her opinions does not ‘‘write opinions.’’ She ‘‘signs the majority leader, Senator REID, for as a judge, she stated: ‘‘I do not write orders.’’ Given that circuit court allowing this nomination to come for- opinions, I sign orders.’’ She provided judges are often the final say on law of ward to the floor so we can give this over 6,000 orders to the committee, but the land in a given circuit—due to the good judge a vote very soon, I hope. most are one-page documents that do low rate of granting certiorari by the With that, I yield the floor. not contain any discussion of sub- Supreme Court—a circuit court judge The PRESIDING OFFICER. The Sen- stantive law. Indeed, Judge Elrod said has an unusual amount of authority ator from Maryland is recognized. that most questions in our committee and decisionmaking power. Mr. CARDIN. Mr. President, I serve questionnaire about her judicial opin- We do not have any track record by on the Judiciary Committee, and ions were not applicable to her because which to weigh Judge Elrod’s views on Chairman LEAHY asked that I chair the certiorari was not granted in any of substantive legal issues, such as civil nomination hearings, the confirmation her cases; appellate opinions or orders rights, civil liberties, workers’ rights, hearings on the three judges whom we rarely reviewed her orders and deci- reproductive freedom, environmental are considering today. sions; she had no list of unpublished protection, consumers’ rights, or em- I agree completely with our col- opinions; and she never sat on a judi- ployees’ rights. leagues from the State of Washington cial panel with other colleagues decid- The speeches Judge Elrod provided and the State of Mississippi. I think ing cases. In short, we have no record for the record did not shed any more Richard Jones is well qualified and of her ability to write opinions or the light on her opinions on substantive should be confirmed for the U.S. Dis- rationale for her decisions. legal issues. She stated she did not trict Court in the Western District of A nominee for circuit court judge have notes for many of her speeches. Washington. should have experience in writing sub- She also has not written any sub- I think Sharion Aycock is well quali- stantive judicial opinions. Judge Elrod stantive legal or journal articles on fied, and I strongly support her con- does not have this requisite experience. complex legal or policy issues. Judge Judge Elrod, by her own admission, firmation to the District Court in Mis- Elrod does not meet my test for Fed- has very little experience in criminal sissippi. eral judicial nominees since she does cases. When she litigated at Baker In regard to Jennifer Walker Elrod, Botts for 5 years, she responded that not have the requisite experience for for the U.S. Circuit Court for the Fifth her practice involved ‘‘100 percent civil an appellate judge. Circuit, I opposed her nomination in I want to talk about a separate issue. proceedings’’ and ‘‘0 percent criminal the Judiciary Committee, and I take I talked about experience, which I proceedings.’’ Her current job as a this time to explain to my colleagues judge on the 190th District Court of think is important for a nominee who why I believe she should not be con- Houston, TX, involves almost exclu- wants to serve on our appellate courts. firmed. sively civil cases. I also think the issue of diversity is an Let me begin by saying that I agree A nominee for circuit court judge important issue that needs to be talked with my friend from Texas about Judge should have broad experience in both about in this Chamber. Elrod’s commitment to pro bono legal criminal and civil cases. Her work in a I wish to talk about the issue of di- services. She served as chair of the handful of pro bono cases does not give versity in the Fifth Circuit Court of board of the Gulf Coast Legal Founda- me confidence that she has sufficient Appeals. The U.S. Court of Appeals for tion, now known as Loan Star Legal understanding of the criminal justice the Fifth Circuit, which includes Mis- Aid, the largest provider of pro bono system and the rights of defendants. In sissippi, Louisiana, and Texas, presides services in southeast Texas. That is fact, her major initiative in criminal over the largest percentage of minority important to me because I think all issues involved the amicus brief in the residents, 44 percent, which includes lawyers have a responsibility to help case of Texas v. Cobb before the Su- African Americans and Latino citizens, out to make sure our system is avail- preme Court, in which she argued that of any regional circuit courts of appeal able to all. the sixth amendment only applies to in this country outside of Washington, After serving 8 years in private prac- ‘‘charged offenses’’ and therefore a po- DC. tice as an associate of Baker Botts in lice interrogation without counsel Mississippi has the highest African- Houston, TX, she was appointed to the about a subsequent offense was admis- American population, 36 percent, of bench by the Governor in 2002 as a sible. She did not further explain her any State in the country. Louisiana judge, the 190th District Court in Hous- views about this case in her written re- has the second largest African-Amer- ton, TX. She was reelected to the sponses to our committee. ican population, at 32 percent, of any bench in 2006. Judge Elrod, by her own admission, State in this country. It is dis- However, no one is entitled to a cir- has very little experience in Federal appointing that none of President cuit court judgeship. In the vast major- court. In response to the committee Bush’s 10 nominations to the Federal ity of cases, these courts are the final questionnaire, she stated that her pri- bench in this circuit were African law of the land for the States in their vate practice involved ‘‘80 percent American. Of the 19 Federal judges who circuit when it comes to interpreting state court’’ cases and ‘‘20 percent fed- now sit on the Fifth Circuit Court of complex Federal statutes and our Con- eral’’ cases. Her current job as a State Appeals, only one is African American. stitution. These judges have lifetime district court judge involves almost ex- We all agree that diversity at all lev- appointments and are second only to clusively State issues. els of our judicial system is important. the Supreme Court Justices in terms of A nominee for circuit court judge Most recently, we have seen mass pro- their power and authority. should have broad experience on Fed- tests over double standards in our

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My recollec- increasingly specialized nature of ap- I take this time to point out that tion is—and I have to rely on the dis- pellate practice. when the President submits a nominee tinguished Senator from Maryland to Again, I believe Judge Elrod, by vir- for the appellate court, our second remind me—but I think he was one of tue of her extensive trial experience, highest court, I expect that nominee the youngest, if I am not mistaken, the fact she graduated at the top of her will have the type of experience that is speakers of the Maryland House ever class from law school and under- appropriate for a judge to be on the ap- elected. He was elected at a young age, graduate school, served with one of the pellate court. I certainly am dis- and that is to his great credit. premier law firms in the Nation and appointed by the President’s nomina- The fact is, age alone should not de- with distinction as a trial judge, more tions on this circuit as it relates to di- termine competence for these jobs. I than adequately qualifies her for this versity. I wanted to make sure that think the demonstrated public service new responsibility. was included in the RECORD. and record of excellence is sufficient. Mrs. HUTCHISON. Mr. President, I Mr. President, I reserve the remain- I appreciate the Senator from Mary- rise today in strong support of the der of my time. land acknowledging her tremendous nomination of Judge Jennifer Elrod to Mr. SPECTER. Mr. President, I yield record of pro bono service. That is a serve on the Fifth Circuit Court of Ap- 5 minutes to the Senator from Texas. record of service above and beyond the peals. The PRESIDING OFFICER (Mr. NEL- call of duty which I think dem- Back in July, I was proud to intro- SON of Florida). The Senator from onstrates Judge Elrod’s commitment. duce Judge Elrod, a fellow Texan, at Texas is recognized for 5 minutes. Finally, on the issue of diversity, I her Senate Judiciary Committee hear- Mr. CORNYN. Mr. President, I thank note that Judge Higginbotham, who ing. the distinguished ranking member. Judge Elrod is a highly accomplished I certainly respect the right of the currently occupies the seat to which Senator from Maryland to express his Judge Elrod has been nominated and judicial nominee, with a distinguished views. I do want to put this in some will serve, is somebody who looks like record as a state court judge and as a context. me. He is a White male. I think we practicing attorney. I am confident she I don’t know if it is a unique experi- ought to celebrate the fact that a will capably serve as a federal appelate ence currently in the Senate, but per- woman of Judge Elrod’s capability and judge for the Fifth Circuit. haps it is currently that I am the only experience has been deemed qualified Judge Elrod has shown her judicial Member of the Senate who actually by the President of the United States capability in the 190th District Court served for 13 years as a State judge, and by the Senate Judiciary Com- in Houston, TX, where she currently both on our State trial bench and the mittee to serve in this important posi- presides. At present, she manaages a supreme court. That does not give me tion. I think that counts for some di- docket of over 1,000 cases, and leads all any particular qualifications other versity. Harris County civil district judges in than to say what it means to have I do share the concerns of the Sen- the number of jury cases tried to ver- served in those capacities, as Judge ator from Maryland that too few Afri- dict since 2005. Elrod has for 5 years. She worked also can Americans are attending law Prior to serving on the bench, Judge as a clerk for a U.S. district judge, school. It reduces the pool of potential Elrod practiced at Baker Botts LLP, a Judge Sim Lake, for 2 years. applicants for people to serve in posi- top national firm, where she worked I hope we are not saying that it is a tions on the judiciary, and we need to for 8 years on litigation matters in- prerequisite for confirmation to the job do more to try to encourage and facili- cluding antitrust, employment law, of an appellate judge that one actually tate that situation. But I certainly commercial litigation, toxic tort, gen- has to have served as an appellate would not hold it against Judge Elrod eral civil litigation, and personal in- judge. Of course, rarely do any of us that she is not an African American. I jury defense. She also served as a law have experience in the jobs to which we think she is qualified on the merits. clerk to the Honorable Sim Lake in the are assigned or to which we are elected I appreciate the Senator from Penn- Southern District of Texas. or to which we are hired until we have sylvania, the distinguished ranking Judge Elrod’s outstanding intellect is actually had a chance to perform that member, giving me a few minutes to evidenced by her exceptional academic job. What we look at is not whether explain, perhaps, another side of the credentials, graduating cum laude from they have actually done that job be- story. Harvard Law School, and magna cum fore, but whether they have done a Mr. WHITEHOUSE. Mr. President, laude with distinction from Baylor good job of everything they have taken will the Senator yield for a question? University in Texas. on previously. Mr. CORNYN. I will. Judge Elrod has long been dedicated By that standard, Judge Elrod not Mr. WHITEHOUSE. Mr. President, I to pro bono service and charitable only has an impressive resume for a know the distinguished Senator from causes, and she is the former chair of lawyer of her age, but she has dem- Texas was also an attorney general of the Gulf Coast Legal Foundation, the onstrated her competence, indeed, her his State. I wonder if in that capacity largst provider of pro bono legal assist- excellence as a State district court the staff who served the appellate func- ance to indigent people in the Texas judge. tion in the attorney general’s office, a gulf coast region. She was recently I have some sensitivity to the sugges- solicitor general, are separate and he commended by the Texas Access to tion that she does not have lengthy recognizes appellate practice, in many Justice Commission for her service in enough experience, alluding to her rel- ways, is a specialized skill in that con- facilitating the advocacy skills of law- ative youth. I remember when I became text, and I wonder what appellate argu- yers who represent poor and low in- a State district judge, I was 32 years ment experience the candidate for the come Texans. old. But, more importantly, of the 19 Fifth Circuit Court of Appeals has? Judge Elrod has also been an active judges currently serving on the Fifth Mr. CORNYN. Mr. President, the dis- member in both the Texas State Bar Circuit Court of Appeals, 10 were in tinguished questioner, the Senator and the Houston Bar Association, with their forties or younger when ap- from Rhode Island, is himself a distin- particular service in the areas of Con- pointed; three were 41—Judge Elrod’s guished lawyer and a former attorney tinuing Legal Education and the Ad- age—or younger. Judge Edith Jones, general with whom I served as a State ministration of Justice. the chief judge of the Fifth Circuit, was attorney general. He knows as well as She is two-time recipient of the 36 when confirmed by the Senate. I do that a trial judge and a trial law- President’s Award fo Outstanding Serv- Judge Higginbotham, to whose va- yer have to craft written and legal ar- ice to the Houston Bar Association, cancy Judge Elrod is nominated, was guments the same way as an appellate and she was awarded the outstanding 44, and Judge Sim Lake, with whom lawyer does. Those are the same basic Young Lawyer of Houston in 2004 by Judge Elrod clerked, was 44 when he skills that Judge Elrod brings to her the Houston Young Lawyers Associa- was appointed. job. tion.

VerDate Aug 31 2005 03:25 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.121 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12760 CONGRESSIONAL RECORD — SENATE October 4, 2007 I am honored to support the con- After law school, Judge Elrod served ment. There he served as one of two in- firmation of Judge Jennifer Elrod be- as a law clerk to Judge Sim Lake of house counsel providing legal advice cause she meets the high standards to the United States District Court for and management services to all legal which we hold all judicial nominees. the Southern District of Texas. departments, with primary responsi- She has an impressive record of pub- Following her clerkship, Judge Elrod bility for the human resources, police, lic service, work ethic, integrity, and practiced law in the litigation depart- and fire departments. she will bring great honor to the Fed- ment of Baker Botts in Houston, TX. In 1983, Judge Jones joined Bogle and eral bench. In 2002, Governor Rick Perry ap- Gates, one of the oldest and largest I encourage my colleagues to approve pointed Judge Elrod to the 190th Dis- firms in Seattle, as an associate. There her nomination. trict Court in Harris County, TX, a he managed cases in the firm’s litiga- We must also fill the other two va- State trial court. She was subsequently tion and labor departments, primarily cancies on the Fifth Circuit. elected to the position in the 2002 gen- in the area of corporate commercial The President has nominated two eral election and was reelected unop- litigation. highly accomplished individuals, posed in 2006. From 1988 to 1994, Judge Jones served Catharina Haynes, and Leslie South- During her time on the bench, Judge as an assistant U.S. attorney for the wick, to fill those vacancies—and they Elrod presided over more than 200 jury Western District of Washington. His deserve a fair and speedy confirmation and nonjury trials. work there entailed investigating and process. Judge Elrod has been dedicated to prosecuting major crimes such as bank The PRESIDING OFFICER. Who pro bono service and charitable causes robberies and fraud, as well as several yields time? her entire career. While working at years of work with the Drug Prosecu- Mr. SPECTER. Mr. President, how Baker Botts, the firm gave her the tion Division of the U.S. attorney’s of- much time remains? Thomas Gibbs Gee Award for out- The PRESIDING OFFICER. The Sen- fice. standing pro bono work. She also re- In 1994, he was appointed King Coun- ator has 22 minutes 40 seconds. Mr. SPECTER. Mr. President, I sup- ceived the President’s Award from the ty Superior Court Judge to fill the port the nomination of Jennifer Walker Houston Bar Association for Out- term of a deceased judge. He was elect- Elrod for the Fifth Circuit Court of Ap- standing Service to the Bar. ed to that position in 1996 and re-elect- While in private practice, Judge peals. She has an excellent academic ed in 2000 and 2004. His caseload has in- Elrod served as a board member and record: magna cum laude from Baylor, volved an extensive variety of civil, the chair of the board of the Gulf Coast where she was Phi Beta Kappa and cum criminal, and juvenile matters. He also Legal Foundation, now Lone Star laude from Harvard Law School. She briefly served as Acting U.S. Mag- Legal Aid, which is one of the largest has served as an adjunct faculty mem- istrate for the court to which he is providers of legal aid services to the ber at the University of Houston Law nominated in 1995 and 1997. poor in Texas. In 2004, Judge Jones was the recipi- Center. She has been in the practice of The vacancy to which she is nomi- ent of both the King County Bar Asso- law for some 15 years, spending 8 years nated is considered a ‘‘judicial emer- ciation’s Judge of the Year Award and at the law firm Baker Botts. She has gency’’ by the nonpartisan Administra- the Washington State Bar Associa- done extensive pro bono work including tive Office of the Courts. tion’s Outstanding Judge of the Year as general counsel for the Communities The American Bar Association unani- Award. in Schools in Houston. She has exten- mously rated Judge Elrod ‘‘qualified.’’ Throughout his legal career, Judge sive participation in the bar associa- Jones has shown a strong commitment tion. She’s a member of the Mexican- NOMINATION OF RICHARD A. JONES to the community. He served not only American Bar Association of Houston Richard Jones comes to the Senate as president of the Loren Miller Bar and the Houston Bar Association. I be- with an extraordinary record. He has Association, but also as president of lieve her record qualifies her for the been in the active practice of law since the YMCA of Greater Seattle. circuit court, notwithstanding the con- graduating from the University of Washington Law School in 1975; has The American Bar Association has siderations of age and experience. unanimously rated Judge Jones ‘‘Well Mr. CARDIN. Mr. President, will my been a prosecuting attorney for King Qualified.’’ colleague yield for one clarification on County, WA; staff attorney for the Port that point? of Seattle legal department. He has ex- NOMINATION OF SHARION AYCOCK Mr. SPECTER. I do. tensive community service activities I further recommend Sharion Aycock Mr. CARDIN. I want to make it clear with the board of directors of the for the United States District Court for for the record that I have never at all YMCA in greater Seattle, and was the Northern District of Mississippi. challenged this nominee for the appel- president of that organization; and has Again, a fine academic record, with 27 late court on age. I have never raised been recommended by the American years of law practice, with her bach- the issue of age, and I would never Bar Association as unanimously ‘‘well elor’s degree from Mississippi State raise the issue of age. qualified.’’ University and a member of two honor Mr. SPECTER. I thank the Senator President Bush nominated Judge societies, and Co-Editor in Chief of the from Maryland for that statement. Richard A. Jones to be a U.S. District Mississippi College Law Review. She Judge Jennifer Walker Elrod was Court Judge for the Western District of has been a judge on the First Circuit nominated to a seat on the Fifth Cir- Washington on March 19, 2007. A hear- Court for the District of Mississippi for cuit Court of Appeals on March 29, 2007, ing was held on his nomination on July the last 4 years, was the board attorney and a hearing was held on her nomina- 19, and the Judiciary Committee re- for the town of Tremont, and pros- tion on July 19, 2007. Her nomination ported his nomination favorably on ecuting attorney for Itawamba County. was reported favorably to the full Sen- September 6. Judge Aycock brings substantial quali- ate on September 20, 2007. He is an experienced litigator and ju- fications and the American Bar Asso- Judge Elrod received her B.A., magna rist with an extensive record of public ciation rated her unanimously ‘‘well cum laude, in economics from Baylor service. qualified.’’ University in 1988, where she was Phi Judge Jones graduated from Seattle Judge Sharion Aycock was nomi- Beta Kappa and was named the ‘‘Out- University in 1972. He graduated from nated to be a U.S. District Court Judge standing Graduating Senior in the the University of Washington School of for the Northern District of Mississippi Honors Program.’’ Law in 1975. on March 19, 2007. A hearing was held In 1992, she received her J.D., cum After law school, he worked as a dep- on her nomination on July 19, 2007. Her laude, from Harvard Law School. At uty prosecuting attorney for the King nomination was reported favorably by Harvard, she was a senior editor and County Prosecuting Attorney’s office. the Judiciary Committee on September the assistant business manager for the There he prosecuted a wide variety of 6, 2007. If confirmed, she will be the Harvard Journal of Law and Public cases in matters ranging from DWI to first woman to be appointed to the Policy, and she was a finalist in the murder prosecutions. Federal district court in Mississippi. James Barr Ames Moot Court Competi- In 1978, he became a staff attorney Judge Aycock received her B.A. from tion. with the Port of Seattle Legal Depart- Mississippi State University in 1977

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.062 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12761 where she was a member of the Omi- In 1979, she received her B.A. degree ate her ability to express herself cron Delta Kappa and Phi Kappa Phi from Brandeis University, graduating through opinions. We don’t have that. Honor Societies. She received her J.D. magna cum laude. In 1982, she grad- You would expect, for an appellate from Mississippi College School of Law uated cum laude from Georgetown Uni- court judge, we would have her speech- in 1980 and served as Co-Editor in Chief versity Law Center. es or articles that would explain some of the Mississippi College Law Review. After law school, Ms. Mauskopf of her philosophy on life. We don’t have Upon graduation from law school, served as an Assistant District Attor- that. You would expect, for an appel- Judge Aycock joined the A.T. Cleve- ney for New York County until 1995. late court judge, you would have some land Law Office as an associate, where Between 1995 and 2002, she served as other way of being able to evaluate her she worked from 1980 until 1983. New York State’s Inspector General, approach to interpreting the Constitu- In 1984, Judge Aycock opened her leading the State office responsible for tion of the United States. She will be own practice in Fulton County and rep- investigating corruption, fraud, crimi- confirmed to sit on the court that will resented a wide range of clients, in- nal activity, conflicts of interest, and do more interpretation of our Constitu- cluding some of the largest and most other misconduct in State executive tion than any other court; that is, the successful businesses in the county. branch agencies. appellate court because so few cases Between 1987 and 1989, she formed a Between 1999 and 2002, she also get to the Supreme Court of the United small partnership with three other at- chaired the Governor’s Moreland Act States. And she doesn’t have that ei- torneys and practiced under the firm Commission on New York City Schools, ther. name of Soper, Russell, Richardson and which examined the operations and fis- So it was that point that I thought Dent, P.A.; however, they did not share cal affairs of the New York City Board the Members of this body should be office space, and she remained in her of Education and the New York City aware of, not that she didn’t follow a original office. In 1990, they dissolved School Construction Authority. particular course to become an appel- the partnership, and Judge Aycock re- Since 2002, Ms. Mauskopf has served late court judge or her age. It has to do sumed her former sole practice. as United States Attorney for the East- with having something to evaluate for While working as a sole practitioner, ern District of New York. a person who is going to be on the ap- Judge Aycock represented a variety of The daughter of Holocaust survivors, pellate court with a lifetime position. government entities on a part-time she has dedicated herself to promoting And that is how I drew my conclusion. basis. Holocaust remembrance. Her mother, I appreciate the courtesy to be able She served as the board attorney for at age 90, attended her daughter’s nom- to share that with our colleagues. her hometown, Tremont, MS, from 1980 ination hearing before the Judiciary Mr. President, I reserve the remain- until 2002 and for the city of Fulton Committee. der of my time. from 1998 to 2002. She was elected to The American Bar Association has The PRESIDING OFFICER. Who serve as the prosecuting attorney for unanimously rated Ms. Mauskopf yields time? Itawamba County in 1984 and served ‘‘Qualified.’’ Mr. SPECTER. Mr. President, I don’t until 1992. How much time remains, Mr. Presi- know that anybody else is seeking rec- Judge Aycock also served as the at- dent? ognition. Senator LEAHY has already torney for the Board of Supervisors for The PRESIDING OFFICER. The Sen- said he was not going to ask for the Itawamba County from 1993 to 2002, the ator has 11 minutes 10 seconds. yeas and nays, and I do not intend to. board attorney for the Itawamba Coun- Mr. SPECTER. I yield the floor, and Senator CARDIN says he is not going to. ty School District from 1984 to 1999, I reserve the remainder of my time. So I yield back my time. and the attorney for the Board of Com- The PRESIDING OFFICER. The Sen- missioners for the Mantachie Natural ator from Maryland. Mr. CARDIN. I yield back my time. Gas District from 1986 to 2002. Mr. CARDIN. Mr. President, I wanted The PRESIDING OFFICER. All time In 2002, Judge Aycock was elected as to come back to Judge Elrod and com- is yielded back. The question is, Will Circuit Court Judge for the First Cir- ment on some of the points Senator the Senate advise and consent to the cuit Court District of Mississippi. She CORNYN raised in his statements on the nomination of Jennifer Walker Elrod, ran unopposed and was reelected in floor. of Texas, to be United States Circuit 2006. Her term is set to expire in 2010. As I explained to Senator SPECTER, Judge for the Western District of The American Bar Association at no time do I raise at all the issue of Washington? Standing Committee has rated Judge age. I don’t even know Judge Elrod’s The nomination was confirmed. Aycock unanimously ‘‘well qualified.’’ age, nor should that ever be a factor in NOMINATION OF ROSLYNN RENEE MAUSKOPF our consideration on a confirmation, f The fourth judge up for consideration and it was not in my judgment; nor do also brings excellent credentials, I think there is a mathematical for- NOMINATION OF ROSLYNN RENEE Roslynn Renee Mauskopf: Magna cum mula as to what is an appropriate MAUSKOPF TO BE UNITED laude from Brandeis in 1979, and cum amount of experience to be qualified to STATES DISTRICT JUDGE FOR laude from the Georgetown University be an appellate court judge; nor do I THE EASTERN DISTRICT OF NEW Law Center. She has experience as an think there is a specific path that one YORK assistant district attorney in New must follow in order to become an ap- York County. She was New York State pellate court judge. The PRESIDING OFFICER. Under Inspector General for 7 years and chair But with Judge Elrod, just look at the previous order, the clerk will re- of the Governor’s Moreland Act Com- her background and record. You would port the next nomination. mission on the New York City schools think, for an appellate court judge, you The legislative clerk read the nomi- for 3 years. would want a nominee to have appel- nation of Roslynn Renee Mauskopf, of Roslynn R. Mauskopf was nominated late court experience. She does not New York, to be United States District in the last Congress, but her nomina- have it. You would think, for a Federal Judge for the Eastern District of New tion was not acted upon prior to its ad- appellate court judge, you would want York. journment. She was renominated on someone who has experience in our The PRESIDING OFFICER. Is there January 9, 2007. A hearing was held on Federal courts. She doesn’t have that. further debate on the nomination? her nomination on April 11, 2007, and You would think, for a Federal appel- If there is no further debate, the the Judiciary Committee reported her late court judge, you would want some- question is, Will the Senate advise and nomination favorably on July 19. one who has experience in criminal consent to the nomination of Roslynn Ms. Mauskopf is a highly qualified law. She doesn’t have that. You would Renee Mauskopf, of New York, to be nominee with excellent credentials and expect, for someone who is going to be United States District Judge for the a distinguished record of public serv- a nominee confirmed for the appellate Eastern District of New York? ice. court, that we would be able to evalu- The nomination was confirmed.

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.063 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12762 CONGRESSIONAL RECORD — SENATE October 4, 2007 NOMINATION OF RICHARD A. NOMINATION OF R. LYLE Hathaway founded Clear Path in 2001 with JONES TO BE UNITED STATES LAVERTY her husband, James, Kristen Leadem of Dor- set, and Imbert Matthee of Washington, as a DISTRICT JUDGE FOR THE WEST- Mr. REID. Mr. President, first, I want ERN DISTRICT OF WASHINGTON land mine removal organization. Now, the those in the White House and Sec- group works primarily in assisting victims The PRESIDING OFFICER. Under retary Kempthorne’s office who are and raising awareness. the previous order, the clerk will re- watching to know I have done my best In Afghanistan, Clear Path will be working port the next nomination. to clear a man by the name of R. Lyle as a subcontractor to DynCorp International The legislative clerk read the nomi- Laverty, whom Secretary Kempthorne which has a contract with the Department of badly needs, he says, and I believe that. State’s Office of Weapons Removal and nation of Richard A. Jones, of Wash- Abatement. Hathaway said the Clear Path ington, to be United States District But I have been unable to do that. We office in Kabul, which has been operatig Judge for the Western District of have a Member on our side with whom since April, is staffed partially by Ameri- Washington. I have worked all afternoon. We cans, working to engage Afghanis in the The PRESIDING OFFICER. If there thought we had it done once, and it did process. is no further debate, the question is, not work out. I am confident, though, The State Department is worried about Will the Senate advise and consent to it will work out as soon as we get back. projects that are not self-sustaining,’’ the nomination of Richard A. Jones, of So I hope Secretary Kempthorne rec- Hathaway said. ognizes we will do what we can on the Hathaway said because the government of Washington, to be United States Dis- Afghanistan already had a national strategy trict Judge for the Western District of Monday or Tuesday we get back to see for helping victims of land mines, who not Washington? if we can clear this. It had not been only have to deal with their injury but ac- The nomination was confirmed. cleared on the Republican side, but I cess issues and loss of income, Clear Path am sure that is not standing in the would look for ways the State Department f way. I think standing in the way is one can assist the local agencies. That is likely NOMINATION OF SHARION AYCOCK of my Senators. We are doing our best. to include things like organizing a national workshop on victims’ assistance or creating f TO BE UNITED STATES DISTRICT a system for building ramps and making JUDGE FOR THE NORTHERN DIS- CLEAR PATH INTERNATIONAL schools accessible. TRICT OF MISSISSIPPI Mr. LEAHY. Mr. President, I want to While Clear Path has already had some The PRESIDING OFFICER. Under success with similar programs in Cambodia take a moment to recognize the out- and along the Thailand-Burma border, the previous order, the clerk will re- standing work of Clear Path Inter- Hathaway said that didn’t necessarily make port the next nomination. national, a nongovernmental organiza- things easier when they expanded into a The legislative clerk read the nomi- tion based in Dorset, VT. Since 2000, country like Afghanistan that has suffered nation of Sharion Aycock, of Mis- they have worked to locate and remove greatly from the use of land mines. sissippi, to be United States District landmines and other unexploded ord- ‘‘Every country impacted by land mines is Judge for the Northern District of Mis- nance in Vietnam, Cambodia, and else- different but we can take the bits and pieces of institutional knowledge we’ve gained over sissippi. where in Southeast Asia, and more re- The PRESIDING OFFICER. If there the years and apply it where it makes cently have focused on helping the in- sense,’’ she said. is no further debate, the question is, nocent victims of these indiscriminate According to Clear Path, an average of 90 Will the Senate advise and consent to weapons with medical, rehabilitation, people are injured by land mines or explosive the nomination of Sharion Aycock, of and vocational assistance. As someone remnants in Afghanistan every month and Mississippi, to be United States Dis- who has fought for years to rid the about half die before they can be treated. trict Judge for the Northern District of world of landmines, I am proud that The grant from the Slovenia-based Inter- national Trust for Demining and Mine Vic- Mississippi? Clear Path is based in my home State. The nomination was confirmed. tims Assistance also presents new opportuni- Clear Path recently expanded its ties for Clear Path. The PRESIDING OFFICER. Under work to Afghanistan. I ask unanimous Under the agreement, the trust will raise the previous order, the motions to re- consent that a September 15, 2007, arti- $230,000 from among its 27 government and consider are considered made and are cle in the Rutland Herald about Clear private-sector donors to match what Clear laid on the table. Under the previous Path’s work be printed in the RECORD. Path raises from the United States govern- order, the President will be notified of There being no objection, the mate- ment and donors. the Senate’s action. rial was ordered to be printed in the Hathaway said this is the first time Clear Path has received funds from the trust and RECORD, as follows: f marks the trust’s first efforts in Southeast [From the Rutland Herald, Sept. 11, 2007] Asia. LEGISLATIVE SESSION CPI CONTINUING TO GROW ITS REPUTATION AS The trust was founded about 10 years ago The PRESIDING OFFICER. Under A FORCE FOR HUMANITARIAN RELIEF to assist people in the Balkans but Hatha- the previous order, the Senate will re- (By Patrick McArdle) way said as land mines became less of a DORSET.—Clear Path International is con- threat in Europe, charitable organizations sume legislative session. there have begun to look at ways they can Mr. SPECTER. Mr. President, I sug- tinuing to grow its reputation as a force for humanitarian relief with new developments help victims in other places. gest the absence of a quorum. this year in Afghanistan and Slovenia. According to Hathaway, Clear Path will The PRESIDING OFFICER. The For the first time, Clear Path is operating use the money to assist ongoing efforts in clerk will call the roll. a program in Afghanistan in partnership Vietnam through capital purchases and the The assistant legislative clerk pro- with an American company and the Depart- hiring of new staff rather than to create new ceeded to call the roll. ment of State. programs. Mr. REID. Mr. President, I ask unan- Clear Path, which has offices in Dorset and Despite Clear Path’s successes, which have led to more contracts and funding, the need imous consent that the order for the Seattle, has also received a promise of al- most a quarter million dollars from a non- is still great and money remains an issue. quorum call be rescinded. profit organization in Slovenia which will The problem of land mines, especially The PRESIDING OFFICER (Mr. allow it to continue and expand their work those which remain after a war is over and SANDERS). Without objection, it is so in Vietnam. injure civilians, gained international atten- ordered. Martha Hathaway, the executive director tion more than 10 years ago through the sup- of Clear Path, said it was important for the port of several well-known figures, primarily f organization to get the kind of wider rec- England’s Princess Diana. ognition that leads to expansions like the Land mine removal is expensive, however, MORNING BUSINESS one it has recently undertaken. and organizations like Clear Path, which as- Mr. REID. Mr. President, I ask unan- But Hathaway is much more interested in sist with rehabilitation and the development imous consent that the Senate now talking about the work Clear Path is doing of resources so victims can earn their own proceed to a period of morning busi- and the need in the countries it operates living, are in it for the long-term. ‘‘Donor fatigue is a real problem,’’ Hatha- ness, with Senators allowed to speak than in congratulating Clear Path on its ef- forts. way said. therein for up to 10 minutes each. In Afghanistan, Clear Path will be creating While Clear Path is raising more money The PRESIDING OFFICER. Without victims’ assistance programs which has been than it has in the past, it comes from fewer objection, it is so ordered. part of its mission for some time. donors, primarily the large donations like

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In my the past. force. home State of Pennsylvania, the num- Clear Path also has the disadvantage of Those Nations that continue to do ber of those who are seriously delin- being based in Seattle and out-of-the-main- stream Dorset, far from the significant do- business with Burma make a mockery quent has gone up by some 40 percent. nors based in New York City or Washington, of their own professed commitment to The problem is particularly severe DC. the Universal Declaration of Human among borrowers who had weak credit Clear Path has raised money through ben- Rights. There is no truer test of their or low incomes and obtained mortgages efit concerts and a music CD. Its next con- commitment to those fundamental at subprime rates. The Center for Re- cert will be on Oct. 13 at the Long Trail principles than how they respond to sponsible Lending projects that some School in Dorset with performers Sarah Lee the slaughter of unarmed monks and 2.2 million Americans with subprime Guthrie and Johnny Irion, introduced by civilians by a regime that is apparently loans originated between 1998 and 2006 Sen. Patrick Leahy, D–Vt. unconcerned that their crimes are have lost or will lose their homes to f being televised to the world. foreclosure. BURMA Whether this year, next year, or Chapter 13 of the Bankruptcy Code thereafter, the Burmese junta’s days currently give debtors breathing space Mr. LEAHY. Mr. President, I spoke are numbered. Where do Burma’s trad- by imposing a stay on collection of last week in this Chamber about the ing partners want to be then—on the debts, including mortgages, and pre- political crisis in Burma where thou- right side of history, or having propped vents lenders from foreclosing for a pe- sands of Buddhist monks, joined by an up an illegitimate regime until its last riod of time. During that period debt- estimated 100,000 other Burmese citi- gasps? ors are given the opportunity to get zens, peacefully protested for an end to No government can claim perfection caught up on their mortgage payments. military dictatorship. in its respect for human rights, includ- However, the current Code does not Despite appeals for restraint by gov- ing my own government. We have made permit any modification of mortgages. ernments around the world, as well as mistakes, and it has damaged our Now with many homeowners facing the U.N. Secretary General, they were credibility as a nation that was instru- possible bankruptcy due to their mort- met with brute force. Soldiers firing mental in the creation of the Universal gages, some relief is necessary. live bullets and wielding clubs killed Declaration. The legislation which I have intro- and injured an undetermined number of But our own shortcomings are no ex- duced will provide a number of rem- unarmed civilians, including at least cuse for other governments’ actions to edies. With respect to adjustable rate one foreign journalist, and there are re- block U.N. resolutions condemning the mortgages, it will allow bankruptcy ports that hundreds, and possibly thou- crackdown in Burma or their refusal to judges to prevent or delay interest rate sands, of monks have been beaten, join us in imposing economic sanctions increases and to roll back interest killed or jailed. that could deal a death blow to a ty- rates that have already reset. This will The atrocities perpetrated by the rannical regime. enable the homeowner to continue to Burmese generals are crimes against And it is certainly no excuse for con- pay down the principal amount that humanity. They should be indicted and tinuing to do lucrative business deals they took on when they bought their prosecuted by the International Crimi- with a government whose officials house, but will give them relief from nal Court. pocket the profits for themselves while increases in their payments due to re- Sooner or later they will be made to they starve, imprison and murder their setting interest rates. pay for the appalling brutality that has people. The bill also will allow the bank- been witnessed on television by hun- It is a testament to the spirit of the ruptcy judges to waive early prepay- dreds of millions of people around the Burmese people, and to the courage of ment or prepayment penalties. Many of world. Aung San Suu Kyi, that despite so the borrowers face the situation where The United States has imposed eco- many years of repression, they remain they could refinance and get less risky nomic sanctions on the Burmese gov- as defiant and as dedicated to the mortgages with manageable payments, ernment for many years, thanks in ideals of democracy as ever. Our moral but the penalties in their current mort- large measure to the tireless efforts of responsibility, the world’s responsi- gage contracts are so stiff that they Senator MCCONNELL who, for the better bility, is to support them. cannot refinance. part of two decades, has called for the f Now, the bill does not give bank- release of Aung San Suu Kyi, Burma’s ruptcy judges the latitude to reduce rightful leader. THE HOMEOWNERS’ MORTGAGE the principal on a mortgage. Senator Additional sanctions were an- AND EQUITY SAVINGS ACT DURBIN introduced a bill yesterday nounced, belatedly, by President Bush Mr. SPECTER. Mr. President, while I that goes beyond the bill I have intro- last week. But far more pressure is have the floor, I want to say a few duced; it allows bankruptcy judges to needed, particularly to convince Bur- words about S. 2133, the Homeowners’ reduce or ‘‘cram down’’ the principal ma’s trading partners, like China, Mortgage and Equity Savings Act, on a mortgage in accordance with what India and Thailand, to cut their eco- which I introduced yesterday. This leg- the bankruptcy judge determines is the nomic ties to Burma. It is thanks in islation addresses the very severe prob- value of the property. My bill would large part to them that the Burmese lem of the many homeowners who are only allow the reduction of principal if generals owe their power and wealth. now in default on their mortgage pay- the lender and the homeowner agree. The crisis in Burma today tarnishes ments. This problem has arisen largely I think there is a very significant any government that values its finan- because of the many homeowners with risk in allowing cram down. If we allow cial interests over freedom for the Bur- adjustable rate mortgages who face in- cram down, lenders will factor the risk mese people. For two decades, they creased interest rates and unexpected of having the principal value of their have chafed under the iron grip of a increases in their mortgage payments. loan reduced into the interest they clique of corrupt generals who have This is a complex matter, but in charge to future home buyers. In other shown, year after year, that they be- many cases, I think there is a real words, people who borrow in the future long in the category of ruthless despots question as to whether lenders made are going to pay more in interest if the who will stop at nothing, including adequate representations to borrowers. lenders don’t have the certainty that mass murder, to perpetuate their con- Regardless of whether the representa- at least the principal value of their trol. tions were adequate or not, many bor- loan will be recognized and not re- Lasting economic, social and polit- rowers are now confronted with inter- duced. Under current circumstances, I ical stability in Burma can only begin est rates they had not anticipated and think it is fair, on these adjustable once the Burmese generals relinquish mortgage payments that they can’t af- rate mortgages—which really are the power. How that comes about is their ford. In the past year, the percentage problem if delinquency rates are any choice. We have seen the results of of homeowners with adjustable rate indication—to allow judges to modify peaceful protest. Not even civil disobe- mortgages who are seriously delin- interest rate increases which in many

VerDate Aug 31 2005 05:21 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.068 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12764 CONGRESSIONAL RECORD — SENATE October 4, 2007 cases have been significant and in some their experiences with me, I hear many DARFUR cases the mortgage terms may have of the same struggles and challenges in Mr. DURBIN. Mr. President, since re- been fraudulent or just basically un- their stories. Employment is an issue turning to session, much of our discus- fair. But when it comes to reducing the especially foremost on their minds, as sion has once again been dominated by principal, then I think we go too far. it is for any person who wants to pur- Iraq. Given the tragedy of the adminis- Many of the consumer groups would sue the American dream. And like all tration’s Iraq policy and the need to prefer to see the bankruptcy judge Americans, individuals with disabil- change course, this is understandable. have the latitude to reduce the prin- ities deserve a fair shot to achieve as Yet Iraq’s dominance has meant that cipal, and that might help those who much success as their abilities and de- many other critical foreign policy are in default now, but that will make termination will allow. issues have been ignored or it more difficult for those who borrow I am heartened that this sense is marginalized. From Latin America to in the future. That is because—to re- spreading throughout the general pub- Russia, this administration has failed peat—lenders will have to charge more lic, beyond those of us who see the to develop or implement any kind of interest to take into account this addi- positive contributions that Americans coherent strategy. tional risk. with disabilities make as employees Similarly, the crisis in Darfur de- I have discussed the differences in and coworkers every day. Much of the mands more attention. For 4 years, the our bills with Senator DURBIN. We tried increase in awareness is due to local world has watched this tragedy. That is to come to terms and find an accommo- organizations, such as Nevada right—for 4 long years. Sadly, during dation so that we could support the JobConnect, Opportunity Village, the this time the world has mostly stood same legislation. However, it appears Southern Nevada Center for Inde- by while yet another genocide unfolded we do support legislation directed at pendent Living, SNCIL, and the North- before its eyes. Many of us on both the same problem. The legislation I in- ern Nevada Center for Independent Liv- sides of the aisle and in the inter- ing. This year for example, SNCIL is troduced is aimed at helping those national community have repeatedly partnering with the City of Las Vegas caught up in the current crisis without called for greater U.S. and global ac- to sponsor the 16th Annual Disability making it harder on those Americans tion. Awareness Day on October 20. Similar to own a home in the future. President Bush has rightly called the events are expected to be held across The Judiciary Committee has juris- situation in Darfur genocide. New Brit- the country in observance of National diction on bankruptcy. The Committee ish Prime Minister Gordon Brown has Disability Employment Awareness has jurisdiction on the Durbin bill and also said that, ‘‘Darfur is the greatest Month. humanitarian crisis the world faces on my bill, S. 2133. My position is not While improving awareness is crit- set in concrete. However, I am opposed today.’’ Yet, despite these statements, ical, especially for dispelling false ultimately we have not done enough. to what Senator DURBIN seeks to ac- stereotypes about people with disabil- Today, we are at a critical juncture complish and I am disinclined at this ities, it isn’t enough. Disparities on a in Sudan. The genocide in Darfur has state based on the investigation which wide range of economic and social di- increasingly become a complex conflict my staff and I have made to support mensions point to significant barriers between many factions. Refugees have his bill. that remain for people with disabilities spilled into neighboring countries and It is my hope that the Judiciary who want a good job to give them not humanitarian workers are increasingly Committee will have hearings on this just an income, but also dignity and at risk. And just the other day, a rebel important issue and bring in mortgage independence. From listening to my group brutally killed 10 African Union bankers, consumer groups and inves- constituents in Nevada, I also know peacekeepers in a surprise raid. Sadly, tors to give us a better idea as to the that the incentives between employ- the cost in lives, destruction, and intensity of the problem and what real- ment, health care benefits, and eligi- human misery has been immeasurable. ly ought to be done. Perhaps at that bility for government-sponsored pro- In late July the U.N. Security Coun- point we can meld our ideas into a grams can interact in very problematic cil voted to implement a significantly common solution to the problem. ways. increased United Nations-African f I supported the passage of new laws Union peacekeeping force. This peace- NATIONAL DISABILITY to address these issues, such as the keeping force is desperately needed, EMPLOYMENT AWARENESS MONTH Ticket to Work and Work Incentives and the United States should work Improvement Act to give people with with the U.N. and the global commu- Mr. REID. Mr. President, I rise today disabilities greater access to Medicaid nity to make sure it is implemented as in recognition of National Disability or Medicare coverage when they go to soon as possible. We in the Senate Employment Awareness Month, work. I was also pleased when Congress should also ensure that adequate funds NDEAM. Designated by Congress, this passed the Family Opportunity Act to are available to help pay for this crit- month is observed every October to in- allow more children with disabilities to ical mission. But the peacekeepers are crease the public’s understanding of enroll in Medicaid, thereby alleviating only one important step. Sudan also issues involving individuals with dis- an unfair pressure on their parents to needs a long-term political agreement abilities and their role in America’s forgo better jobs just to keep their among its many factions. workforce. It is a time for us to reflect family health coverage. Looking ahead Upon taking office in January of this on past gains and goals for the future to the future, I will continue working year, U.N. Secretary General Ban Ki- as well. to make sure that people with disabil- moon said that ending the violence in Seventeen years ago, I commended ities can access the health care they Darfur was going to be one of his top the passage of the landmark Americans need, especially as they seek to move priorities. I spoke to him in July about with Disabilities Act, ADA, to help en- to economic self-sufficiency. We should our shared concern and commend him sure the rights of people with disabil- not lose sight of other key priorities as for advancing the peacekeeping and ities throughout various sectors of so- well, including opening more doors to diplomatic efforts. I believe his tireless ciety. Together with other Federal education and expanding employment work has made an important dif- laws like the Vocational Rehabilita- opportunities for those able to work. ference. In early September, his efforts tion Act and the Individuals with Dis- As we observe National Disability resulted in the announcement of for- abilities Education Act, the ADA has Employment Awareness Month this mal peace talks to begin later this been key to the progress made toward year, let us reaffirm the importance of month between the various factions the full inclusion of people with dis- its ideals and goals. From employers to and the Sudanese Government. abilities in daily life. We see reasons to policymakers, family members to peo- These negotiations will be a critical cheer today, as more people with dis- ple with disabilities themselves, all step and deserve our strongest support. abilities succeed in school, enter the Americans can join in the effort to en- As Secretary Ban said during his re- workforce, and participate in their sure that individuals with disabilities cent trip, ‘‘there must be a peace to communities. make the most of their potential—in keep.’’ More remains to be done, however. the workplace and in all areas of soci- Finally, we must hold Sudanese When Nevadans with disabilities share ety. President Bashir to his commitment to

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.133 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12765 allow peacekeepers and participate in has started placing restrictions on the fiscal year 2007 budget and is current the peace talks. early efforts to deploy U.N. forces. through October 1, 2007. This report is sub- Early statements by the Government Mr. President, the stakes are too mitted under section 308(b) and in aid of sec- of Sudan said that it would ‘‘contribute high and the humanitarian crisis has tion 311 of the Congressional Budget Act, as positively to secure the environment dragged on too long to allow any fur- amended. for the negotiations’’ and ‘‘facilitate ther backsliding by the Sudanese Gov- The estimates of budget authority, out- the timely deployment’’ of the 26,000 ernment. We must see the immediate lays, and revenues are consistent with the member peacekeeping force. But we deployment of the peacekeeping force technical and economic assumptions of S. have heard these commitments before and a concerted global effort at sup- Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, as approved and then watched as President Bashir porting a long-term political settle- ment. by the Senate and the House of Representa- has continued fostering violence. tives. I, therefore, think it is critical that f we maintain pressure on the Sudanese Pursuant to section 204(a) of S. Con. Res. BUDGET SCOREKEEPING REPORT 21, provisions designated as emergency re- Government to honor its commit- quirements are exempt from enforcement of ments. The administration should con- Mr. CONRAD. Mr. President, I wish to submit to the Senate the budget the budget resolution. As a result, the en- tinue its diplomatic efforts, and at the scorekeeping report for fiscal year 2007 closed current level report excludes these same time the Congress should advance prepared by the Congressional Budget amounts (see footnote 1 of Table 2 of the re- bipartisan legislation that I and others port). Office pursuant to section 308(b) and in have introduced to increase economic aid of section 311 of the Congressional Since my last letter, dated July 26, 2007, pressure on the regime. Budget Act of 1974, as amended. This is the Congress has cleared and the President I commend Chairman DODD and the my final report for fiscal year 2007. has signed the Higher Education Access Act Banking Committee for holding a hear- This report shows the effects of Con- of 2007 (Public Law 110–84), which affects budget authority and outlays. ing yesterday that focused on how best gressional action through October 1, to apply such pressure, and I look for- 2007. Since my last report, dated July The effects of that action are detailed on ward to working with my colleagues to 26, 2007, the Congress has cleared and Table 2. prepare legislation that would impose the President has signed Public Law Sincerely, sanctions on, bar Federal contracting PETER R. ORSZAG, 110–84, the Higher Education Access Director. with, and authorize divestment from Act of 2007. The estimates of budget au- organizations that support the regime. thority, outlays, and revenues used in TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- It is critical that the Sudanese Gov- this report are consistent with the ING AND REVENUES FOR FISCAL YEAR 2007, AS OF ernment understand that a lack of co- technical and economic assumptions of OCTOBER 1, 2007 operation with the peacekeepers or the S. Con. Res. 21, the 2008 budget resolu- [In billions of dollars] upcoming peace negotiations will in- tion. crease the possibility of such legisla- The estimates show that current Current tion being enacted. Budget Current level over/ level spending equals the budget reso- Resolution 1 Level 2 under (¥) Sadly, we have every reason to be lution for both budget authority and resolution skeptical of the regime’s intentions. outlays while current level revenues For example, after agreeing to the exceed the budget resolution by $4.2 ON-BUDGET Budget Authority ...... 2,250.7 2,250.7 0.0 peace talks, the Government of Sudan billion. I want to commend the Con- Outlays ...... 2,263.7 2,263.7 0.0 brazenly appointed former Interior gress for not exceeding the limits set in Revenues ...... 1,900.3 1,904.5 4.2 Minister Ahmad Harun one of two Su- the 2008 budget resolution for fiscal OFF-BUDGET danese officials wanted by the Inter- year 2007. Social Security Outlays 3 ..... 441.7 441.7 0.0 national Criminal Court for war I ask unanimous consent that the Social Security Revenues ..... 637.6 637.6 0.0 crimes—to lead a committee to inves- letter and accompanying tables from Source: Congressional Budget Office. 1 S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year tigate human rights abuses. As Interior CBO be printed in the RECORD. 2008, as adjusted pursuant to section 207(f), assumed approximately Minister, Mr. Harun helped fund, re- There being no objection, the mate- $120.8 billion in budget authority and $31.1 billion in outlays from emer- rial was ordered to be printed in the gency supplemental appropriations. Such emergency amounts are exempt cruit, and arm the jingaweit militia from the enforcement of the budget resolution. Since current level totals ex- which was directly involved in perpet- RECORD, as follows: clude the emergency requirements enacted in P.L. 110–28 (see footnote 1 of table 2), budget authority and outlay totals specified in the budget resolu- uating the genocide in Darfur. Mr. CONGRESSIONAL BUDGET OFFICE, tion have also been reduced (by the amounts assumed for emergency sup- Harun’s place is on trial in The Hague, U.S. CONGRESS, plemental appropriations) for purposes of comparison. not investigating violence he helped Washington, DC, October 3, 2007. 2 Current level is the estimated effect on revenue and spending of all leg- Hon. KENT CONRAD, islation that the Congress has enacted or sent to the President for his ap- perpetuate. Chairman Committee on the Budget, proval. In addition, full-year funding estimates under current law are in- Equally troubling are continued at- cluded for entitlement and mandatory programs requiring annual appropria- U.S. Senate, Washington, DC. tions, even if the appropriations have not been made. tacks on international aid workers as DEAR MR. CHAIRMAN: The enclosed report 3 Excludes administrative expenses of the Social Security Administration, well as recent indications that Sudan shows the effects of Congressional action on which are off-budget, but are appropriated annually. TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2007, AS OF OCTOBER 1, 2007 [In millions of dollars]

Budget Authority Outlays Revenues

Enacted in previous session: Revenues ...... n.a. n.a. 1,904,706 Permanents and other spending legislation ...... 1,347,423 1,297,059 n.a. Appropriation legislation ...... 1,480,453 1,543,072 n.a. Offsetting receipts ...... ¥571,507 ¥571,507 n.a. Total, enacted in previous session ...... 2,256,369 2,268,624 1,904,706 Enacted this session: Appropriation Acts: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28)1 ...... ¥794 9 ¥166 An act to extend the authorities of the Andean Trade Preference Act until February 29, 2008 (P.L. 110–42) ...... 0 0 ¥24 A bill to provide for the extension of Transitional Medical Assistance (TMA) and the Abstinence Education Program through the end of fiscal year 2007, and for other pur- poses (P.L. 110–48) ...... 12 3 0 Higher Education Access Act of 2007 (P.L. 110–84) ...... ¥4,890 ¥4,890 0 Total, enacted this session ...... ¥5,672 ¥4,878 ¥190 Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥30 0 0 Total Current Level l,2 ...... 2,250,667 2,263,746 1,904,516 Total Budget Resolution3 ...... 2,371,470 2,294,862 1,900,340 Adjustment to the budget resolution for emergency requirements4 ...... ¥120,803 ¥31,116 0 Adjusted Budget Resolution ...... 2,250,667 2,263,746 1,900,340 Current Level Over Adjusted Budget Resolution ...... 0 0 4,176 Current Level Under Adjusted Budget Resolution ...... 0 0 n.a. 1 Pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2007, which are not included in the current level total, are as follows:

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Budget authority Outlays Revenues

U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28) ...... 120,803 31,116 n.a. 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. 3 Periodically, the Senate Committee on the Budget revises the totals in S. Con. Res. 21, pursuant to various provisions of the resolution:

Budget authority Outlays Revenues

Original Budget Resolution ...... 2,380,535 2,300,572 1,900,340 Revisions: To reflect the difference between the assumed and actual nonemergency supplemental appropriations for fiscal year 2007 (section 207(f)) ...... ¥4,187 ¥823 0 For extension of the Transitional Medical Assistance (TMA) program (section 320c)) ...... 12 3 0 For the Higher Education Access Act (section 306) ...... ¥4,890 ¥4,890 0 Revised Budget Resolution ...... 2,371,470 2,294,862 1,900,340 4 S. Con. Res. 21, as adjusted pursuant to section 207(f), assumed $120,803 million in budget authority and $31,116 million in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the en- forcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1), budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. Note: n.a. = not applicable; P.L. = Public Law. Source: Congressional Budget Office.

SCHIP without increasing taxes or using budg- risked everything to fight for the val- Mr. ALLARD. Mr. President, I come et gimmicks. More importantly, I sup- ues Americans hold close to our hearts, to the floor today to talk about a pro- port putting children first. in a land halfway around the world. gram that is important to me and to The State Children’s Health Insur- Gerald was a dedicated and longtime the low-income children in this coun- ance Program was put in place to cover member of the Army. In 1992, Gerald try: the State Children’s Health Insur- low-income children who would other- enlisted in the Army Reserve after ance Program. wise not have access to health cov- spending his summers at Culver Mili- I am a strong supporter of the State erage. The SCHIP agreement that tary Academy in northern Indiana, Children’s Health Insurance Program, passed the House and Senate not only where he was named an adjutant com- and want the program to cover all un- disregards the original intent of the mander in charge of 85 other academy insured, lower income children. I fully program, but also reauthorizes the pro- goers and was a member of the Black support a reauthorization of this pro- gram in a fiscally irresponsible manner Horse Troop, an elite equestrian group. gram, but I also support the Presi- that will end up costing the taxpayers In 2003, Gerald joined the Indiana Na- dent’s decision to veto the flawed $12.5 billion in the final year of the au- tional Guard where he was assigned to SCHIP bill sent to him by Congress. thorization. For example, the revenue the 152nd Mechanized Infantry. He The SCHIP legislation that was ve- source for the reauthorization is being served in Bosnia-Herzegovina in 2004 toed by the President yesterday in- sold as a tax increase on cigarettes and in Hurricane Katrina Operation cludes frivolous spending, expands cov- which is expected to reduce the number Vigilant Relief in 2005. Sgt. Cassidy re- erage to children already covered by of people smoking, but this is an unsta- ceived the Humanitarian Service Medal private insurance and neglects the ble revenue source. I don’t agree with for his stateside service. Known at ‘‘G.J.’’ to his family, Ger- original intent of the program—to pro- paying for a program as important as ald was a natural leader. He volun- vide health coverage for low-income the State Children’s Health Insurance teered to serve in Iraq with the Min- children. While I support the reauthor- Program with an unsustainable in- nesota National Guard, who had an ization of SCHIP, I do not support leg- come. opening in their team. He was assigned islation that expands the program and The State Children’s Health Insur- to Battery C, 2nd Battalion, 150th Field serves as an initial step towards gov- ance Program can be reauthorized in a Artillery in Lebanon. For his great ernment-run health care. way that increases the number of en- service and sacrifice, Gerald’s family The State Children’s Health Insur- rolled children who are currently eligi- was presented with the Purple Heart, ance Program works! It has enrolled ble for the program. While I oppose the the Combat Action Badge and the Indi- low-income eligible children in a expansion of the program, I do not op- ana Distinguished Service Award. Ger- health coverage program to ensure pose reauthorization and therefore I ald is survived by his wife Melissa that they have adequate access to cov- am cosponsoring the SCHIP Extension Castillo Cassidy; his daughter Abbey, 5 erage and services. While the program Act of 2007, S. 2086, which will fully years old; his son Isaac, 3 years old; his is certainly a success, there are some fund the current program for 18 mother and stepfather John and Kay oversights that need to be addressed. months, and give Congress more time McMullen; his father Gerald J. Cassidy; Congress has been given the oppor- to discuss the best way to reauthorize his sister Lisa Hignite; and his brother tunity to tackle these issues with the the program. SCHIP was scheduled to Darrin Cassidy. reauthorization of the program. In Col- expire on September 30 and it is imper- Today, I join Gerald’s family and orado we have yet to enroll all of the ative that Congress reauthorize the friends in mourning his death. While currently eligible children of low-in- current program to ensure that chil- we struggle to bear our sorrow over come families into the SCHIP program. dren of lower income families still re- this loss, we can also take pride in the We should focus our attention on en- ceive health coverage. I will also be co- example he set, bravely fighting to rolling these children instead of fight- sponsoring the Kids First Act, as an al- make the world a safer place. It is his ing over an expansion of the program. ternative proposal for the reauthoriza- courage and strength of character that Expanding eligibility requirements tion of the SCHIP program. people will remember when they think would only make it harder for the f of Gerald, a memory that will burn neediest children in Colorado, and the brightly during these continuing days HONORING OUR ARMED FORCES Nation, to receive coverage. of conflict and grief. Today and always, I am a strong supporter of the State SERGEANT GERALD J. CASSIDY Gerald will be remembered by family Children’s Health Insurance Program, Mr. BAYH. Mr. President, I rise members, friends and fellow Hoosiers and want the program to cover all un- today with a heavy heart and deep as a true American hero, and we honor insured, lower income children. I sup- sense of gratitude to honor the life of a the sacrifice he made while dutifully port giving Americans the opportunity brave soldier from Carmel, IN. Gerald serving his country. to access health care, and giving them Cassidy, 31 years old, died September 21 As I search for words to do justice in the ability to purchase affordable suit- in Fort Knox, KY. Gerald was on med- honoring Gerald’s sacrifice, I am re- able private coverage. I support the ef- ical hold after sustaining injuries in minded of President Lincoln’s remarks fort by many Members of this body to Iraq from a roadside bomb. With an op- as he addressed the families of the fall- spend in a fiscally responsible way, timistic future before him, Gerald en soldiers in Gettysburg: ‘‘We cannot

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The sistent with the Excalibur or GMLRS; have precision guided mortar munition, at least the range of the current M120 120mm world will little note nor long remem- PGMM, fell prey to the Army budget Mortar; and in the objective capability, ber what we say here, but it can never cutters, the program has demonstrated should have both GPS and laser guidance. forget what they did here.’’ This state- remarkable test results. In fact, I 7. Operational Concept: An organic preci- ment is just as true today as it was thank the Defense Appropriations Sub- sion indirect munition will allow comanders nearly 150 years ago, as I am certain committee for rejecting the Army’s re- to engage targets in environments that ordi- that the impact of Gerald’s actions will quest to reprogram additional funding narily require putting Soldiers and non-com- live on far longer that any record of batants in harms way or cause unnecessary away from PGMM. collateral damage. these words. I ask that the subcommittee con- It is my sad duty to enter the name 8. Organization Concept: The organic mor- tinue to carry this item forward to be tar platoons or artillery battalion will fire of Gerald J. Cassidy in the RECORD of considered as part of a final conference this munition. the U.S. Senate for his service to this report or supplemental, pending the re- 9. Support Requirements: If a munition country and for his profound commit- sults of ongoing Army reviews of the uses laser guidance, then there must be a ment to freedom, democracy and peace. program. corresponding increase in laser designators. When I think about this just cause in Full MTOE authorization, not Force Feasi- Mr. President, I ask unanimous con- which we are engaged, and the unfortu- bility Review sourcing levels, of the Light- sent the two documents which I re- nate pain that comes with the loss of weight Laser Designator Rangefinder ferred to be printed in the RECORD. our heroes, I hope that families like (LLDR) and M707 Knight is required to make There being no objection, the mate- Gerald’s can find comfort in the words a laser guided capability viable. rial was ordered to be printed in the 10. Availability: Before its termination, of the prophet Isaiah who said, ‘‘He RECORD, as follows: the PGMM met the requirement. There are will swallow up death in victory; and also 105mm precision munitions available. DEPARTMENT OF THE ARMY, the Lord God will wipe away tears from 11. Recommendation: Field an organic pre- Fort Bragg, NC, July 19, 2007. off all faces.’’ cision indirect munition to deploying IBCTs Memorandum thru Commander, United May God grant strength and peace to within 12 months. States Army Forces Command (AFCS), 12. Point of contact is LTC Greg Rawlings, those who mourn, and may God be with 1777 Hardee Ave, SW., Fort McPherson, all of you, as I know He is with Gerald. ACofS, G7 at DSN 236–9485, Commercial (910) GA 30330–1062. 396–9485, or email: greg- f For Headqurters, Department of the Army [email protected]. (DAMO-RQ), 400 Army Pentagon, Wash- DEFENSE APPROPRIATIONS LLOYD J. AUSTIN III, ington, DC 20310–0400. LTG, USA, Commanding. Mr. COLEMAN. Mr. President, I rise Subject: Operational Needs Statement (ONS) today to discuss a challenge facing our for Organic Precision Indirect for Infan- DEPARTMENT OF DEFENSE, military forces on the ground in Iraq try Brigade Combat Teams (IBCT). Bagram Airfield, Afghanistan, August 17, and Afghanistan. These forces are fac- 1. Reference: Memorandum, XVIII Airborne 2007. ing an urgent need for a precision indi- Corps and Fort Bragg, AFZA-CG, 21 Novem- Memorandum thru Commander, Coalition ber 2005, subject: ONS for Improved 105mm Forces Land Component Command rect fire munition organic to the Infan- Projectiles. try Brigade Combat Teams and (CFLCC), C3. Camp Arifjan, Kuwait, APO 2. Unit Identification Code (UIC): AE 09304 Stryker Brigade Combat Teams. WAUKAA. In the last 3 months there have been For HQDA (DAMO–CIC), 400 Army Pentagon, 3. Ship to Address: Building 2–1138, Washington, DC 20310–0400 two Operational Needs Statements sub- Macomb and Hamilton Streets, Fort Bragg, Subject: Operational Needs Statement (ONS) mitted by the units deployed in Af- North Carolina 28310. for the Fielding of Precision Guided ghanistan and Iraq. I have included 4. Problem: Termination of the Precision 105mm Howitzer and 120mm Mortar Pro- these statements for the RECORD. Both Guided Mortar Munition (PGMM) has left jectiles in support of Operation Enduring of these documents highlight the ur- IBCTs without the organic precision indirect Freedom 07–09. gent need to field a precision capa- capability. In our current environment, our 1. Unit Identification Code (UIC) is enemy takes advantage of that gap by hiding W91M2D. bility for the 120mm mortar: the main, among the local populace. The tasks of find- and in some cases the only, indirect 2. Ship to address: (W91M2D) Joy O’Brian, ing, fixing, and killing or capturing the C4ISR CECOM RSC (MANTECH) Thomas fire support available to our infantry enemy must be executed in rapid sucession Fuller Compound, Bagram Airfield, Afghani- in the close fight. or the opportunity is lost. Heavy Brigade stan, APO AE 09354 The commander of the XVIII Air- Combat Teams (HBCT) and Stryker Brigade 3. Problem: The Rules of Engagement for borne Corps wrote in July: Combat Teams (SBCT) have organic option the Afghanistan Theater of Operations limits This capability is critically needed within (Excalibur) available; the IBCTs do not. the use of conventional artillery and mortar the next 12 months. As troop levels in the- 5. Justification: projectiles in support of combat operations. ater begin to drop, our units can not afford a. The IBCTs’ requirement for organic pre- Recently, COMISAF restricted all pre- to miss any opportunities to kill the enemy cision indirect munitions is well docu- paratory fires and pre-assault fires to preci- due to lack of organic precision indirect fire. mented. There is an approved requirement sion guided munitions and systems. Cur- Without it, IBCT’s must resort to: slower re- for PGMM. The Army Field Artillery School rently Afghanistan requires two Light Bri- inforcing fires; committing soldiers to an as- is now writing a requirement document for a gade Combat Teams with no organic surface sault; or missing the opportunity altogether. precision guided 105mm munition. This head- to surface precision strike capability. Our In August the Commander of Joint quarters submitted an ONS for a precision enemy takes advantage of that gap by hiding Fires in Afghanistan described the guided 105mm munition. among the local populace. Additionally, the b. Lacking the required accuracy, IBCT’s problem starkly: COIN environment in Afghanistan requires a howitzers and mortars remain silent while minimization of collateral damage whenever The Rules of Engagement for the Afghani- the IBCTs’ headquarters request GMLRS, joint fires are employed. stan Theater of Operations limits the use of close air support, or fires from an adjacent 4. Justification: conventional artillery and mortar projectiles HBCT or SBCT. Coordinating and directing a. In order to meet theater ROE require- in support of combat operations. Recently, fires through multiple levels of commands ments for precision guidance and provide our COMISAF restricted all preparatory fires consumes time and opportunity. Direct fire maneuver commanders with a dedicated and pre-assault fires to precision guided mu- missile systems (ITAS and JAVELIN) do not 105mm and 120mm capability that minimizes nitions and systems. Currently, Afghanistan meet this requirement due to their limited collateral damage, precision munitions for requires two Light Brigade Combat teams range and precision. both the M119A2 and 120mm Mortar are re- with no organic surface precision strike ca- c. This capability is critically needed with- quired. pability. Our enemy takes advantage of that in the next 12 months. As troop levels in the- b. The addition of the 105mm and 120mm gap by hiding among the local populace. Ad- ater begin to drop, our units cannot afford to PGM will give commanders a more prolific ditionally, the COIN environment in Afghan- miss any opportunity to kill the enemy due economy of force. Currently the limited istan requires the minimization of collateral to lack of organic precision indirect fire. Close Air Support (CAS) platforms are the damage. Without it, IBCTs must resort to: slower re- only asset with the ability to fire precision Both of these field commanders spe- inforcing fires; committing Soldiers to an as- guided munitions. This ability will give the cifically call for the fielding of preci- sault; or missing the opportunity altogether. BCT commanders the capability to strike a

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.089 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12768 CONGRESSIONAL RECORD — SENATE October 4, 2007 target where time is sensitive or awaiting ment and rapid fielding of a Precision Guid- have allowed authorities to intercept 4 CAS to arrive on station will encumber a ed Munitions for the 105 mm howitzer and to 15 hijackers.’’ mission’s accomplishment. This capacity 120mm mortar in support of Operation En- We must not allow another 9/11. At a will minimize the number of CAS sorties during Freedom 07–09. time when protecting our homeland from being pulled from its original mission, 12. The point of contact for this memo- thus economizing force. randum is MAJ Kelly Webster, CJ3 Chief of against terrorists and other illicit ac- c. CJTF–82’s acquisition of 105mm/120mm Fires, Bagram Airfield, Afghanistan, tors remains the paramount national PGMs will minimize the volume of fire that [email protected], DSN 318– security priority, I believe it is critical is required to destroy a target with surface 231–4024. that we implement this pilot program to surface unguided munitions. Within a MARK A. MURRAY, COL. FA, to test widely available document au- three day period the average amount of mu- Joint Fires and Effects Coordinator. thentication technology. nitions fired within the two BCTs Mr. KERRY. Mr. President, today I battlespace are: 97 high explosive 105mm filed an amendment which would ap- f rounds and 72 high explosive 120mm rounds. propriate the necessary funds to re- These PGM munitions will ultimately reduce the amount of munitions required to destroy quire the Department of Homeland Se- EARMARKS DISCLOSURE curity to develop a pilot program to targets. Providing commanders with preci- Mr. INOUYE. Mr. President, yester- sion strikes that need no adjustment while test entry document verification tech- lessening the amount of ammunition resup- nology. This technology allows border day, the Senate adopted several amend- ply missions. agents to quickly check travel docu- ments to the Defense appropriations d. These precision guided munitions would ment such as drivers’ licenses, pass- bill. It is my understanding that S. 1 provide CJTF–82 with a dedicated capability ports, and visas against a stored data- requires that a Senator who offers any to attack various target sets with precision amendment is required to list the name by all of its major organic artillery and mor- base of legitimate domestic and inter- national travel documents. L1 Commu- of any Senator who submitted a re- tar systems. The increased accuracy and ef- quest for each respective item in the fectiveness of these munitions would provide nications, a company with a plant in the ground commander the ability to employ Wilmington, MA, is helping produce CONGRESSIONAL RECORD. fires in support of MOUT and troops in close this technology and would be an eligi- In compliance with this, I note that proximity of enemy forces while decreasing ble company for this funding. on amendment 3117, Senators GREGG, the possibility of collateral damage. The 9/11 Commission Report stated MCCONNELL, VITTER, CORKER, KYL, 5. System Characteristics: While several that ‘‘for terrorists, travel documents DOMENICI, CHAMBLISS, CORNYN, SUNUNU, variants of precision guided munitions are in are as important as weapons.’’ The re- MCCAIN, SPECTER, and ISAKSON cospon- the testing and development phase for the sored the amendment regarding fund- 105mm howitzer and the 120mm mortar, a port concluded that ‘‘better technology low circular error probable (CEP) would be and training to detect terrorist travel ing for border security. On amendment required for any fielded munitions. Addition- documents are the most important im- 3129, Senator MIKULSKI cosponsored the ally, the nature of operations in theater mediate steps to reduce America’s vul- amendment regarding the Troops for would require any precision guided muni- nerability to clandestine entry.’’ It rec- Nurses program. On amendment 3131, tions to use both GPS based guidance system ommended that the Government de- Senator LEVIN submitted a request for and laser guidance. velop a strategy to thwart terrorist the Virtual Systems Integrated Lab- 6. Operational Concept: The employment of oratory. On amendment 3135, as modi- these munitions would be at numerous for- travel that would incorporate better ward operating bases and combat outposts document authentication technology. fied, Senator KERRY submitted a re- cross the CJOA. This operational concept Unfortunately, the technology that quest for High Temperature Super- would enhance the ground commanders’ abil- Customs and Border Protection, CBP, conductor Motors. On amendment 3141, ity to conduct all weather precision strikes uses to authenticate travel documents Senators NELSON of Florida, KYL, against the enemy positions in keeping with is no better now than on 9/11. LIEBERMAN, VITTER, INHOFE, NELSON of ISAF’s restrictions on the use of indirect The absence of advanced document Nebraska, PRYOR, LAUTENBERG, BAYH, fires. authentication technology often forces LINCOLN, and WEBB cosponsored the 7. Organizational Concept: The 105mm how- amendment regarding the Aegis Bal- itzer precision guided munitions will be border agents to eyeball travel docu- issued to the field artillery and battalions of ments—a makeshift approach that has listic Missile System. On amendment each brigade combat team to support maneu- proven to be inadequate. In 2006, inves- 3152, Senators BROWN, SPECTER, WAR- ver elements with precision guided fires tigators with the Governmental Ac- NER, and WEBB submitted requests for while minimizing of collateral damage. The countability Office, GAO, were able to the Minuteman Digitization Dem- 120mm mortar precision guided munitions enter the United States from Canada onstration Program. On amendment will be issued to the battalions who own bat- and Mexico by showing CBP agents 3153, as modified, Senator MIKULSKI co- tle space within each brigade combat team counterfeit drivers’ licenses and an ex- sponsored the amendment, and Sen- to support their maneuver elements with ators DODD, KERRY, LIEBERMAN, LAU- precision guided fires while minimizing of pired, altered U.S. diplomatic passport. collateral damage The GAO used commercially available TENBERG, and MENENDEZ submitted re- 8. Procurement Objective: CJTF–82 ur- computer software to produce its trav- quests for the Advanced Precision Kill gently requests the immediate procurement el documents. Amazingly, the GAO Weapon System. On amendment 3163, and fielding of these munitions in order to found that it was easier for its inves- Senators GRASSLEY and DURBIN sub- meet COMISAF’s restrictions for the appli- tigators to cross into the United States mitted requests for the Molecular cation of Joint Fires within the CJOA and using fake travel documents than dur- Sieve Oxygen Generation Systems for provide organic indirect fire support with F-15 aircraft. On amendment 3167, Sen- precision strike capability for all maneuver ing an identical 2003 investigation. The elements conducting combat operations in GAO is currently drafting a followup ator NELSON of Florida cosponsored the Afghanistan. report that will cite automated docu- amendment regarding MARK V re- 9. Support Requirements: ment authentication technology as a placement research. On amendment a. If a munition uses laser guidance, then method to improve border security. 3192, Senators DOMENICI, DOLE, ENSIGN, there must be a corresponding increase in My amendment requires DHS to de- and KYL cosponsored the amendment laser designators. Full MTOE authorization, velop a pilot program to test auto- regarding Operation Jump Start. On not Force Feasibility Review sourcing levels, mated document authentication tech- amendment 3204, Senator GREGG sub- of the Lightweight Laser Designator (LLDR) and M707 Knight is required to make a laser nology at various ports of entry within mitted a request for Side Scan Sonar guided capability viable. 6 months. This technology is already for USV and Harbor Surveillance Ap- b. CJTF–82 would require initial contractor widely used by domestic agencies, in- plications. and mobile training team (MTT) support for cluding the Coast Guard, NASA, and Mr. LEVIN. Mr. President, in accord- this rapid fielding. the Capitol Police, as well as by foreign ance with the requirements of para- 10. Availability: Production and fielding of governments, such as Australia, Japan, graph 4.a of rule XLIV of the Standing the projectiles is currently in the RDTE phase. These munitions are not Army pro- and Sweden. Referring to the 9/11 hi- Rules of the Senate, the following is a grams of record. jackers, the Commission reported that list of items included in amendments 11. Recommendation: The Department of ‘‘analyzing their characteristic travel to the Fiscal Year 2008 National De- the Army approves and endorses the procure- documents and travel patterns could fense Authorization Act at my request:

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Amendment number Item Requesting Senator

2278 ...... Land Exchange in Detroit, MI ...... Senator Levin 3006 ...... Former Nike Missile Site, Gross Ile, MI ...... Senator Levin

Mr. President, in accordance with the ate, the following is a list of items in- year 2008 Defense appropriations bill at requirements of paragraph 4.a of rule cluded in amendments to the fiscal my request: XLIV of the Standing Rules of the Sen-

Amendment Requesting number Item Senator

3162 ...... $6 million for Advanced Automotive Technology ...... Senator Levin

WATER RESOURCES rises in labor and materials costs as a port, and aid in the continuing recov- DEVELOPMENT ACT OF 2007 result of activities responding to Hurri- ery of the greater New Orleans area. Mr. VITTER. Mr. President, the ex- canes Katrina and Rita and attrib- Section 3081 authorizes the Corps of planation of managers accompanying utable to new standards for storm dam- Engineers to credit the State of Lou- age reduction and flood control the bill today is not as expansive as it isiana for cost associated with miti- projects related to IPET recommenda- could have been in regard to some sec- gating the impact of freshwater diver- tions. The conferees did not increase tions of the bill. To ensure that my in- sions on oyster beds. It is the intent the project authorization due to the tent, and the intent of the remainder of that ‘‘relocating’’ includes any means the conferees, is clear I want to provide fact that section 902 of the Water Re- sources Development Act of 1986 spe- to remove or relocate the interests in additional direction. the oyster beds from the impact area. Section 1001(24) authorizes the re- cifically provides for cost increases re- In some cases, this may include leaving maining features of the Morganza to lated to ‘‘changes in construction cost the oyster beds in place. It is the un- the Gulf hurricane protection project. applied to unconstructed features’’ and It is important to note that the House, for increases related to ‘‘mitigation derstanding of the conferees that oys- Senate, and conferees recognized the and other environmental actions’’. ter beds could serve as a form of pro- importance of advancing this project As was mandated by Congress in the tection from further coastal land and beyond the initial authorization of seg- past, the Secretary shall make the wetlands loss. ment J–1 and the additional funding Houma Lock a top priority and expe- Section 3082 provides for the reloca- and authorization provided in Public dite this feature, in addition to other tion of facilities impacted by the clo- Law 109–148 and Public Law 109–234, features that will provide important sure of the Mississippi River gulf outlet with the full understanding of concerns protection to vulnerable areas. The through the Department of Com- raised regarding the potential impact Secretary should consider integrating merce’s Economic Development Ad- of the project on wetlands—including the construction of the Houma Lock ministration. The section also estab- those raised in the administration’s with modifications of the feature au- lishes a loan program for businesses. Statement of Administration Policy thorized in section 7006(e)(3)(A)(i), only The conferees specified that the loan related to this bill. The conferees be- if the integration will not cause delays program is a ‘‘revolving loan’’; there- lieve that existing law, including sec- to this feature. fore, nothing in the bill restricts the Should significant additional fea- tion 902 of the Water Resources Devel- loan authority to $85 million. It is the opment Act of 1986 and section 7005 of tures or increases in protection levels be warranted, the Secretary should intent that available loan authority be this bill, provides more than sufficient provided to businesses until demand is flexibility to make any modifications consider the implementation of these fully met. It is expected that the ac- deemed necessary and, subject to the improvements under section 211 of the tual loan authority will far exceed the availability of appropriations, expect Water Resources Development Act of authorized funding level. the project to move immediately to the 1996. It is noted that the Army did not construction phase. notify Congress of any additional au- Section 3084 authorizes the Corps to The conferees recognize that the thorization needs for this project. It is maintain responsibility for long-term Morganza to the Gulf project was initi- the conferees’ intent that this project costs associated with the Algiers Ca- ated in 1992. Congress authorized the move forward as soon as possible with nals Levees portion of the Westbank full project in the Water Resources De- no further congressional authorization. and Vicinity project. Subsection (c) is velopment Act of 2000, Public Law 106– Delays in protection for this area can- intended to apply only to work per- 541, but Corps of Engineers’ delays re- not continue. formed under the original authoriza- sulted in the failure of the command to Section 1001(25) authorizes the Port tion. Ongoing work on the project is meet the statutory deadline required of Iberia access improvement and based upon authorization and funding to implement the project. The 15 years Vermilion parish storm surge protec- provided in the various emergency sup- it has taken to reach this point have tion project. It is the intent that the plemental appropriations acts related left Terrebonne Parish and portions of Corps provide meaningful storm pro- to Hurricanes Katrina and Rita. The Lafourche Parish very vulnerable to tection to Vermilion Parish in an expe- cost share included in subsection (c) storm surge, hurricane and flood dam- dited manner without delays to the shall not apply to the work funded in age, and the loss of life and property. deepening project. those acts. The Federal Emergency Management Section 1004(a)(7) directs the Army Agency has expended well over $100 Corps of Engineers to study and carry Section 4101 directs the Government million in public and private assistance out a project to dredge and maintain Accountability Office to conduct a re- grants in recent years in response to the Napoleon Avenue Container Ter- view of disaster debris removal policy damages that would have been pre- minal berthing area in the Port of New related to Hurricanes Katrina and vented had the project been in place. Orleans at a depth not to exceed the Rita. It is the intent that the GAO The conferees understood that modi- authorized channel depth of the Mis- shall coordinate the data required to fications to the Morganza project may sissippi River ship channel. Deepening determine the appropriate findings be required. These include but are not of that berthing area will ensure that with the Environmental Protection limited to changes related to wetlands, the full transportation benefits of the Agency and Corps of Engineers. The IPET recommendations, and other fac- authorized channel depth of the Mis- EPA and Corps are expected to fully tors. The conferees also understand sissippi River ship channel will be real- cooperate with the GAO and should be that significant cost increases from the ized by the adjacent port terminal. given the opportunity to comment and initial estimates were included in the This small navigation enhancement respond to the GAO’s findings as is cus- 2002 and 2003 reports of the chief. These project will create significant eco- tomary with these reports. Should any increases are related to significant nomic and business benefits for the adverse findings result, it is the intent

VerDate Aug 31 2005 05:33 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.069 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12770 CONGRESSIONAL RECORD — SENATE October 4, 2007 that the appropriate agencies imme- entific and technological advances C. Future perspectives. Concepts and diately respond to such findings. needed to improve the knowledge of approaches to guide future restoration Section 5083 directs the Corps to the physical, chemical, geological, bio- of the Louisiana coastal ecosystem complete the supplemental EIS related logical, and cultural baseline condi- should also be considered. This in- to the lock project by July 01, 2008. As tions in the coastal Louisiana eco- cludes field work, workshops, expert is clear in the bill language, it is ex- system and related natural and built panels, reviews or syntheses of existing pected that this mandate be met. The assets. work. Specifically, projects should con- provision does not provide for alter- Section 7006 (a)(2)(3) and (4) of title sider sustainable approaches to res- native deadlines or procedures for VII of H.R. 1495 already provides some toration that take into account future delay. Appropriate planning and sched- of the purposes and direction for car- changes such as existing and emerging ule compressions should be applied im- rying out the science and technology contaminants, degradation of coastal mediately. program. However, since there is no habitat resulting from planned human Section 5084 clarifies that a previous further report language clarification in actions or policies, urban and natural meeting shall serve as the requirement the accompanying conference report ecosystem linkages, or the influence of for a stakeholders meeting. The effect language, I want to provide further di- variations in the climate system on the of this provision is that construction rection, and the conferees intent, spe- coast. Efforts should be regional in grants may be awarded as part of the cifically as it applies to the purposes scale and of direct utility to agencies Lake Pontchartrain Basin Program. and organizations that should drive planning future restoration. Section 5157(14) authorizes improve- this important research program so Southern Louisiana remains severely ments to the Larose to Golden Mead- that the Louisiana coastal area impacted by or vulnerable to coastal ow, LA, project by the non-Federal in- projects authorized by this important erosion, sea level rise, and the loss and terest to be reimbursed by the Sec- bill are done right the first time. degradation of natural wetland habi- retary. It is intended that these im- It is my firm intent, and that of the tats. This long-term deterioration was provements include the conversion of conferees, that the science and tech- exacerbated by the 2005 hurricanes, the Leon Theriot Floodgate into a lock nology program will be conducted Katrina and Rita, which devastated and improvements required to advance through a Louisiana agency-univer- much of Louisiana’s coastal regions. protection to, meet or exceed the 100- sity-industry partnership led by the Such a combination of factors puts at Long-term Estuary Assessment Group, year level of flood protection as deter- risk the infrastructure of the region LEAG, and the Coastal Restoration & mined under the National Flood Insur- and the livelihood of its inhabitants, Enhancement for Science & Tech- ance Program at the time of construc- presenting an urgent need for a swift nology, CREST, in partnership with tion of the improvements. It is ex- and successful response that will re- the U.S. Geological Survey National pected that this authorization will store the natural protective structures Wetlands Research Center. The aim of complement the $90 million in im- in the region and enhance the ecology. this alliance is to create a cooperative provements authorized under section Successful restoration of any natural science, engineering, and technology 7015. ecosystem requires sound under- program to help policymakers, plan- Title VII authorizes 15 coastal pro- standing of the problems and how they ners, and coastal resource managers tection and restoration projects and developed, as well as clearly defined use the latest objective information on additional flood protection and storm targets for what we expect from the the built and natural environment to damage reduction. In the case of each system after restoration. Scientific un- ensure sustainable and productive project, it is likely that the authority certainties and technological inadequa- coastal habitats and communities. This provided by section 902 of the Water cies must not limit our ability to re- program should respond directly to the Resources Development Act of 1986 will spond to the needs of coastal commu- challenges identified by the task force be exercised. It is noted that this au- and provide proactive solutions for the nities. Rather, advances in science and thority provides for cost increases of 20 long-term success of the program. technology should be integrated di- percent in addition to those increases It is also the conferees intent that rectly into restoration programs to en- attributable to inflation, ‘‘changes in the science and technology program sure that coastal habitat restoration is construction cost applied to priority research areas shall also in- implemented cost-effectively and suc- unconstructed features’’ and for other clude the following efforts and pur- cessfully sustains coastal resources. cost increases. It is expected that all poses: Section 7007 (b) directs the Secretary deadlines will be met and each project A. Scientific tools for coastal res- to accept as a non-Federal cost share will advance in a timely manner. toration. New tools, or refinement of other Federal funds in certain cases. In Section 7004 establishes a Federal- existing tools, for carrying out coastal addition to other Federal programs and State task force. The conferees in- restoration in coastal Louisiana. This resources, it is the intent that the pro- tended that the three representatives area includes evaluation of restoration vision shall clarify any misunder- of the State of Louisiana each serve at techniques, development of new sensor standing that funds resulting from sec- the pleasure of the Governor of that and monitoring platform technologies, tions 383 and 384 of the Energy Policy State. and operational approaches that are Act of 2005, Public Law 109–58, and title Section 7005 authorizes the review applicable to both ongoing and planned I of Division C of the Tax Relief and and modification of water resource projects in the coastal region of these Health Care Act of 2006, Public Law projects in the Louisiana coastal area States. 109–432 are eligible as a non-Federal project area to alleviate conflicts in B. Human dimensions of coastal res- match. This statement should not be project features. The requirement to toration efforts. Sociological and eco- construed as to prejudice any State’s review ‘‘each’’ project in the LCA nomic information of direct use to ability to use the funds specified from project area should not be construed as managers and planners involved in the Tax Relief and Health Care Act of a requirement to conduct an in depth coastal restoration efforts. This area 2006 as a non-Federal match for any review of all projects. The Secretary, focuses on projects that can be of rel- program or any other use. in coordination with the State of Lou- evance to coastal habitat which in- Section 7012(a) authorizes the modi- isiana, is expected to identify those cludes but are not limited to aspects fication of the outfall canals on Lake projects that are reasonable candidates such as land use, resource use and man- Pontchartrain. The conference agree- for modification rather than wasting agement, mitigation of coastal habitat ment provides for the construction of significant resources reviewing all loss, legal or industrial matters, envi- closure structures on the 17th Street, projects in detail. ronmental history, socioeconomic and Orleans Avenue and London Avenue ca- Section 7006, of the Louisiana Coastal behavioral effects, values to publics, nals at or near the lakefront at Lake Area Title, title VII, authorizes a and public awareness, sustainable Pontchartrain. It also authorizes the science and technology program spe- neighborhood plan development, and installation of new pumping stations cifically for the coastal Louisiana eco- education. This information could also associated with the outfall canals. It is system. This science and technology be useful and applicable to other re- the intent of the conferees that the program will provide the accurate sci- gions. Secretary continues ongoing efforts to

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.103 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12771 implement an appropriate solution to tribute to a group of 96 World War II difference in the lives of others. Rick the outfall canal and pumping chal- veterans from the Acadiana region of and Tina tell their story better than lenges which would be constructed Louisiana that is making their way to anyone. With the permission of the under this authority. Evacuating Washington this weekend. Here they Chair, I will include their personal storm water to the Mississippi River, will visit the World War II, Korea, family statement as part of the rather than into the outfall canals, Vietnam and Marine Corps memorials RECORD. This is text from Rick and should be considered as part of any as well as Arlington National Cemetery Tina Betzer’s personal testimony: comprehensive plan constructed under to lay a wreath at the Tomb of the Un- We met in Jr. High and have been best this authority. knowns. friends since. We just celebrated our 30th The conference agreement also in- The trip to the Nation’s Capital this wedding anniversary. We are privileged to be cludes bill language that authorizes Saturday is being paid for by group in called mom and dad by 16 wonderful chil- the replacement or modification of dren. Our oldest 5 are biological and the Lafayette, LA, called Louisiana youngest 11 have been adopted over the last non-Federal levees in Plaquemines HonorAir. The organization is honoring Parish. The conferees urge the Sec- 10 years. Our first born is Eric. He is now 31 each surviving Louisiana veteran by years old married and has 2 step sons and 2 retary to expedite efforts that will sup- giving them a chance to see the memo- beautiful little girls. He owns his own tree- plement or compliment existing Fed- rials dedicated to their service. So far trimming business, and they raise quarter eral protection adjacent to the Mis- this year, there have been two trips to horses on their small farm in Chester Idaho. sissippi River banks associated with these Washington memorials and three Next is our daughter Gina, who is now 30 the New Orleans to Venice project. years old. She is married to Zac Clawson and more are planned, including this one. they have 3 sons. Zac works for the Federal Section 7012(b) clarifies that all work World War II was the deadliest con- authorized pursuant to sections Government in Washington D.C. They live in flict in our history. More than 60 mil- 7012(a)(2) through 7012(a)(9) and Section Dumfries Virginia. Next is our daughter lion people worldwide were killed, in- Amber. She is 28 years old. At this time she 7013 shall be performed at full Federal cluding 40 million civilians, and more is living with us in Shelley and she works for expense. than 400,000 American servicemembers Eastern Idaho Special services and is a Section 7013 authorizes the closure transportation specialist for the homeless and restoration of the Mississippi River were slain during the long war. In Louisiana, there remain today shelter in Idaho Falls. Our daughter Jessica gulf outlet ecosystem. It is the intent is 22 years old and is married to Jacob Hack- that the full restoration of the area be about 44,000 living WWII veterans, and man. They live in Boise and are expecting included as part of the program. The every one of them has their own heroic their first child in June. Our daughter Secretary should progress with the clo- tale of their experience in achieving a Brittney is 20 years old, graduated High sure as soon as possible and should con- noble victory of freedom over tyranny. School with honors, and is attending BYU Mervin Harmon from Lafayette was Hawaii. We moved to Shelley in August 2004, sider using funds and authorization from Ashton where we had been living for provided in Public Law 109–148 and one of the Tuskegee Airmen, our coun- try’s first African American pilots. the past 15 years. While in Ashton, both Rick Public Law 109–234 immediately upon and I worked for the State of Idaho Depart- enactment of this act. While serving his country, he had to ment of Juvenile Corrections as a Nurse and Section 7014 requires the Secretary endure the racism that was prevalent as a Therapy Technician. It was at the Juve- to submit actual project recommenda- in our society during that era. Mervin, nile correction center that we became aware tions as part of the Louisiana coastal who is 80 now, joined the service at 18, of the need for committed foster parents. In protection and restoration analysis and becoming a mechanic and crew chief at the fall of 1990, we became licensed foster parents. Over the next 10 years, we fostered design. Despite several communica- the Tuskegee Institute in Alabama. He oversaw the P–51 Mustang fighters the 38 children. On December 12, 1993, a case tions, the Secretary has continued worker knocked on our door with a beautiful down a course that is entirely incon- Airmen flew during the war, ensuring 2 year old boy in his arms. At first sight, we sistent with congressional intent in re- that planes were safe for battle. When knew this little guy belonged to us. This was gard to this analysis and design. It re- Mervin trained at Ft. Smith in Arkan- the first day of the rest of our lives. We mains very concerning that the Sec- sas, he remembers German prisoners of adopted Shallon 3 years later. We thought we retary considers expending $20 million war eating in restaurants while black were a complete family, then, several years to develop a document that will pro- MPs guarding them were not allowed later, we were prompted to call LDS services to be served. to apply to adopt a special needs baby. A few vide little guidance and not advance months later we did not have a baby, but 3 future protection efforts a wise use of Mervin and the other Tuskegee air- active little kids. Breann, Daniel, and taxpayer funds. Further, it is inexcus- men helped our country bridge the ra- Courtney joined our family at the ages of 5, able that the Congress was forced to in- cial divide. He went on to serve in La- 6, and 7. At that point we were sure our fam- clude this directive in statute to fayette Parish government for 14 years ily was complete. Again, several years went refocus this analysis and design on the and had an upholstery business in the by and we could not get the thought out of intent of Congress. The original intent city. our minds that someone was missing from I ask the Senate to join me in hon- our family. I talked Rick into another home of the authorization was clear that 1 oring Mervin Harmon, the other 95 study, and 1 ⁄2 months later we were headed Corps was to provide actual project to Florida to pick up our 9-week-old daugh- recommendations, design, and a tech- Louisiana heroes we welcome to Wash- ter, Zoe. At this point, we started to joke nical report. The intentional mis- ington this weekend, and Louisiana that we would stop at 12 kids, not ever in- management of this effort by the As- HonorAir for making these trips a re- tending to go that far, then someone intro- sistant Secretary of the Army for Civil ality. duced us to the Internet. Thousands of foster Works is concerning, will cause delays f children in the United States that are await- in protection improvements, and may ing adoption are listed there. Three little ADDITIONAL STATEMENTS result in additional loss of life and children pulled me in and I contacted their property. Further, it is noteworthy case workers. One was in Texas, one was in Ohio and one in Missouri. We were hoping to that the statute requiring the develop- IDAHO’S ANGELS IN ADOPTION be able to adopt one of the three. During this ment of this document placed the re- ∑ Mr. CRAPO. Mr. President, I am time, Tazier came home for good—he had quirement upon the Chief of Engineers been our foster son 4 years earlier. A month to provide this information to Con- privileged today to honor an Idaho cou- after his arrival, we brought D’Asia home gress. Yet the interim report was ple, Rick and Tina Betzer, who have from Ohio then, 3 months after that, we signed only by the Assistant Secretary been blessed with a heart and gift to brought Isabelle home from Missouri, but no of the Army for Civil Works. I com- minister to children. Rick and Tina are word from Texas. Again, we thought we are mend GEN Carl Strock for the integ- being honored today as Angels in Adop- done. Then, a year later, a phone call from rity he apparently demonstrated in tion by the Congressional Adoption Co- Georgia: Were we interested in one more child? We hesitated and the case worker read this case. alition. God grants each of us gifts; some of us use them, others don’t, and us his profile off the Internet. Half way f through we stopped her and said ‘‘that’s Da- the world is worse off for that neglect. LOUISIANA WWII VETERANS kota; he lives in Texas.’’ She almost dropped Today I will share a different story—it the phone, and asked how we knew that— Ms. LANDRIEU. Mr. President, I is about two people who have chosen to there were thousands of kids on the Net. We would like to take a moment to pay use their gift to make an extraordinary explained that his picture had been on our

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.104 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12772 CONGRESSIONAL RECORD — SENATE October 4, 2007 refrigerator for 2 years! It took almost 3 CONGRATULATING THE UNITED bringing reliable supplies of drinking years from the time we saw him and a case STATES WOMEN’S GYMNASTICS water to the towns and ranches of worker in Georgia that didn’t know either us TEAM western South Dakota. or this little guy, but in September of 2002, As manager of West River/Lyman- ∑ Mr. HARKIN. Mr. President, one of Dakota came home. While in Texas picking Jones, Mike guided one of the four the great joys of my job as a Senator is Dakota up from his foster home, Rick heard local project sponsors that constitute the opportunity to recognize excep- a noise from a back bedroom of the home and the Mni Wiconi Rural Water System— went to investigate, he came back into the tional people. I would like to take this one of the largest Federal drinking room with our next son in his arms, opportunity to recognize seven excep- water projects constructed in the last Delarion. He came home in September 2003. tional people: Ivana Hong, Nastia 30 years. Mike managed the project Our children have changed our lives in Liukin, Samanthat Peszek, Alicia practically from the beginning and many ways. Our world consists of therapists, Sacramone, Bridget Sloan, Shayla over the past 16 years has always put special education and doctors. Our van could Worley, and Shawn Johnson. These first the interests of the communities, find its own way to Salt Lake and Primary young ladies make up the U.S. women’s ranches, and farms served by the sys- Children’s Hospital. We are on a first-name gymnastics team. tem. On Mike’s watch, 2,200 rural cus- basis with doctors and nurses there and in In September of this year at the tomers now receive reliable drinking Idaho Falls at Eastern Idaho Regional Med- World Artistic Gymnastics Champion- water piped hundreds of miles from the ical Center. From February to November of ship in Stuttgart, Germany, the U.S. Missouri River. The towns of Philip, last year, our children had 9 surgeries and women’s team won a total of four gold, Presho, Kennebec, Murdo, White River countless procedures that enable them to two silver, and one bronze medal, plac- and, very soon, Kadoka benefit from function as best they can. We had 3 surgeries ing them first overall in the women’s the Mni Wiconi project. Mike has over- scheduled in September. Our days are filled team competition. I congratulate the seen Federal transfers in excess of $55 with medications, tube feedings, diapers, members of this team, their coaches, million and constantly delivered good bottles, wheel chairs, leg braces, glasses, and families on their success and for value and on-time performance from hearing aids and, above all, miracles. It is so their exemplary representation of our humbling to watch these children overcome contractors. Most importantly, Mike is country. the obstacles in their lives. Nothing seems to someone that could be trusted and he stop them; they have more determination As an Iowan, I would like to recog- worked well with the system’s three than all of us put together. We remember a nize a particular member of the U.S. other sponsors—the Oglala Sioux Monday night a few years back when, as women’s team, Ms. Shawn Johnson of Tribe, Lower Brule Sioux Tribe, and Tina sat in a chair in our living room hold- West Des Moines, IA. Ms. Johnson won Rosebud Sioux Tribe. The project is a ing our 5 year old daughter Zoe, Zoe reached the all-around women’s gymnastics collaboration between the area’s Amer- over to the end table and picked up her bot- title at the 2007 World Artistic Gym- ican Indian tribes, the Federal Govern- tle put the nipple in her mouth and took a nastics Championship. With this great ment, and the western South Dakota drink. We cried. This was a little girl who achievement, she became just the communities in Lyman, Stanley, doctors told us to walk away from, a little fourth U.S. woman ever to win a world Jones, Mellette, Jackson, Haakon, and girl born with only half a brain, that special- all-around title. Pennington counties. Mike spent ists said would only eat and sleep the rest of Receiving such a title takes incred- countless hours on the road traveling her life. At the age of 3, she started playing ible talent and athletic ability. But, from one project sponsor meeting to songs on the piano, by ear because she is without a doubt, it also takes a lot of another and on the phone and in Wash- blind, with her left hand because her right hard work. At the age of 3, Ms. Johnson ington, DC, meeting with Bureau of one doesn’t work; a little girl who can scoot began her gymnastic training at Reclamation officials and the South on her behind across the floor with amazing Chow’s Gymnastics in West Des Dakota congressional delegation to speed; a little girl who sings country music, Moines, IA, where she continues to keep the project on track. Because of says her ABC’s, and counts to 22. These are Mike’s good work, the project is close the miracles in our lives—a little boy born train today. As a result of years of hard to the finish line with about 70 percent weighing just one pound whose mother was work and training, she has competed found lying unconscious on the ground in a and won at progressively higher levels of the system in the ground and deliv- hospital parking lot, a little boy so tiny that of competition. In 2006, she won the ering water to thousands of residents. he was thought to be a girl for the first U.S. Junior National Championship; in These are all great goals and accom- month of his life, a little boy who at the age 2007, the Visa National Championships plishments. of 4 would never walk or talk, who now, at and the Pan American Games, where So, in closing, I want to thank Mike the age of eight, runs up to us, puts his little she won four gold and one silver medal. Kurle for his service and profes- face to ours and says, I want to take a bath. Next, Ms. Johnson will be competing sionalism and most of all friendship These are some of the reasons why we do for a spot on the U.S. women’s gym- and guidance over these many years. I what we do . . . nastic team at the 2008 Beijing Olym- know that Mike can’t stay away from the West River/Lyman-Jones office for- Rick and Tina are more than deserv- pics. I extend my sincere congratulations ever but hope that he can enjoy moving ing of the distinguished honor of 2007 at a slower pace knowing that future Angels in Adoption. Their daily chal- to the U.S. women’s gymnastics team on their success and I wish them luck generations will be well served by his lenges are much more than most of us ∑ on their future endeavors.∑ efforts. could imagine, let alone choose to ex- f perience at any time in our lives: they f HONORING PENOBSCOT BAY have chosen to become parents to chil- HONORING MIKE KURLE dren with disabilities including quad- MEDIA, LLC ∑ riplegic spastic cerebral palsy, blind- Mr. JOHNSON. Mr. President, today ∑ Ms. SNOWE. Mr. President, today I ness, vision impairedness, hearing loss, I want to pay tribute to Mike Kurle, pay tribute to a small company in my who retired earlier this year as the auditory neuropathy, traumatic brain home State of Maine, run by a female longtime manager of the West River/ injury, fetal alcohol syndrome, reac- service-disabled veteran, that has made Lyman-Jones Rural Water System. I tive attachment disorder, attention remarkable strides in the information have worked with Mike for nearly my technology industry, and particularly deficit disorder and genetic optic nerve entire congressional career and value in robotics. Penobscot Bay Media, atrophy. They are selfless examples of his friendship, professionalism, and LLC—known to most as Pen Bay a loving commitment of time, energy typical South Dakota steadfastness. I Media—is headquartered in Camden, on and resources. Perhaps most difficult, know that Mike and his wife Marlene Maine’s beautiful coast, where it spe- but most rewarding as well, they have are looking forward to being able to cializes in the development of informa- committed their hearts and emotions travel a little more and spend some tion visualization solutions by using to children in need. The Betzers hum- time with their children who are scat- geographic information systems, GIS, ble us with their actions they are the tered across the country. However, I interactive distance learning, and angels in their children’s lives and ex- want to take a few minutes and explain other similar technologies. For exam- amples to us all.∑ to the Senate the role Mike played in ple, Pen Bay has developed a type of

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.018 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12773 robot that has the capability to detect following bill, in which it requests the MEASURES PLACED ON THE environmental hazards, thereby pro- concurrence of the Senate: CALENDAR tecting first responders and potentially H.R. 928. An act to amend the Inspector The following bill was read the sec- saving lives. General Act of 1978 to enhance the independ- ond time, and placed on the calendar: A retired Navy officer who served in ence of the Inspectors General, to create a H.R. 2828. An act to provide compensation Council of the Inspectors General on Integ- Vietnam, CAPT Ann S. Yahner helped to relatives of United States citizens who rity and Efficiency, and for other purposes. found Pen Bay Media in 1999, along were killed as a result of the bombings of with current partners Stuart Rich, The message also announced that United States Embassies in East Africa on David Berez, and her husband Frank, a pursuant to 44 U.S.C. 2702, and the August 7, 1998. retired U.S. Marine. Today, Mrs. order of the House of January 4, 2007, The following bill was read the first Yahner serves as president and general the Speaker reappoints the following and second times by unanimous con- manager. I will never forget when, in Member on the part of the House of sent, and placed on the calendar: response to her concerns over a ‘‘brain Representatives to the Advisory Com- H.R. 1154. An act to award a congressional drain’’ in Maine, Mrs. Yahner sent a mittee on the Records of Congress: Mr. gold medal to Michael Ellis DeBakey, M.D. letter to MG John Libby, the adjutant Joseph Cooper of Baltimore, Maryland. f general of the Maine National Guard, offering to employ qualified returning At 4:23 p.m., a message from the MEASURES READ THE FIRST TIME veterans from combat in Iraq and Af- House of Representatives, delivered by The following bills were read the first ghanistan at Pen Bay. Overall, Pen Ms. Niland, one of its reading clerks, time: Bay employs 28 people, and has nearly announced that the House has agreed H.R. 2740. An act to require accountability doubled its workforce since the begin- to the following resolution, in which it for contractors and contract personnel under ning of 2006. Mrs. Yahner’s determina- requests the concurrence of the Senate: Federal contracts, and for other purposes. tion to hire and partner with veterans S. Con. Res. 49. Concurrent resolution pro- S. 2152. A bill to amend title XXI of the So- is a solid example of the kind of con- viding for a conditional adjournment or re- cial Security Act to reauthorize the State Children’s Health Insurance Program sistent opportunity we need to extend cess of the Senate. The message further announced that through fiscal year 2012, and for other pur- to those who protect us so admirably. poses. Pen Bay Media has a long history of the House has passed the following f successful project experience with gov- bills, in which it requests the concur- ernment clients. It is one of 45 prime rence of the Senate: ENROLLED BILLS PRESENTED companies in the United States, and H.R. 2740. An act to require accountability The Secretary of the Senate reported the only New England company to be for contractors and contract personnel under that on today, October 4, 2007, she had awarded the Veterans Technology Federal contracts, and for other purposes. presented to the President of the Services Government-wide Acquisition H.R. 3246. An act to amend title 40, United States Code, to provide a comprehensive re- United States the following enrolled Contract. As a result of this esteemed gional approach to economic and infrastruc- bills: designation, Pen Bay Media will be eli- ture development in the most severely eco- S. 474. An act to award a congressional gible to compete for a share of con- nomically distressed regions in the Nation. gold medal to Michael Ellis DeBakey, M.D. tracts worth $5 billion over the next 10 H.R. 3648. An act to amend the Internal S. 1612. An act to amend the penalty provi- years. In addition, Pen Bay has re- Revenue Code of 1986 to exclude discharges of sions in the International Emergency Eco- ceived countless awards and accolades indebtedness on principal residences from nomic Powers Act, and for other purposes. since its inception. Most recently, the gross income, and for other purposes. f Environmental Systems Research In- f EXECUTIVE AND OTHER stitute, ESRI, honored Pen Bay with MEASURES REFERRED COMMUNICATIONS its prestigious Special Achievement in The following communications were Geographic Information System’s The following bills were read the first laid before the Senate, together with award. For embracing GIS technology and the second times by unanimous accompanying papers, reports, and doc- through its work with the New York consent, and referred as indicated: uments, and were referred as indicated: City Bureau of Environmental Sciences H.R. 694. An act to establish a digital and and Engineering, ESRI recognized Pen wireless network technology program, and EC–3546. A communication from the Under for other purposes; to the Committee on Secretary of Defense (Personnel and Readi- Bay for its ‘‘extraordinary contribu- Commerce, Science, and Transportation. ness), transmitting, a report on the approved tions to our global society.’’ According H.R. 928. An act to amend the Inspector retirement of Vice Admiral Ronald A. Route, to ESRI, Pen Bay stood out from more General Act of 1978 to enhance the independ- United States Navy, and his advancement to than 300,000 organizations worldwide ence of the Inspectors General, to create a the grade of vice admiral on the retired list; that use GIS software to enhance its Council of the Inspectors General on Integ- to the Committee on Armed Services. clients’ safety. rity and Efficiency, and for other purposes; EC–3547. A communication from the Chair- In its 8 years of operation, Pen Bay to the Committee on Homeland Security and man, Securities and Exchange Commission, Media has excelled, finding a creative Governmental Affairs. transmitting, pursuant to law, an inventory H.R. 3246. An act to amend title 40, United niche within one of the Nation’s fast- of the Commission’s activities for fiscal year States Code, to provide a comprehensive re- 2007; to the Committee on Banking, Housing, est-growing industries. What makes gional approach to economic and infrastruc- and Urban Affairs. Mrs. Yahner’s accomplishments all the ture development in the most severely eco- EC–3548. A communication from the Direc- more impressive is that, according to nomically distressed regions in the Nation; tor, Executive Resources Management Divi- the Small Business Administration, to the Committee on Environment and Pub- sion, Department of Energy, transmitting, only 32 percent of disabled veteran lic Works. pursuant to law, the report of action on a business owners are women. Ann H.R. 3432. An act to establish the Commis- nomination for the position of Assistant Sec- Yahner’s courageous military service sion on the Abolition of the Transatlantic retary (Congressional and Intergovernmental Slave Trade; to the Committee on the Judi- and tremendous contributions to small Affairs), received on October 2, 2007; to the ciary. Committee on Energy and Natural Re- business are commendable and a great H.R. 3527. An act to extend for two months sources. lesson that we can all succeed. I thank the authorities of the Overseas Private In- EC–3549. A communication from the Assist- Ann Yahner and everyone at Pen Bay vestment Corporation; to the Committee on ant Secretary of the Army (Civil Works), Media for the crucial work that they Foreign Relations. transmitting, pursuant to law, a report rel- do, and I wish them continued success H.R. 3540. An act to amend the Internal ative to a navigation improvement project and prestige in the years to come.∑ Revenue Code of 1986 to extend the funding for Haines, Alaska; to the Committee on En- and expenditure authority of the Airport and vironment and Public Works. f Airway Trust Fund, and for other purposes; EC–3550. A communication from the Prin- MESSAGES FROM THE HOUSE to the Committee on Finance. cipal Deputy Associate Administrator, Office H.R. 3648. An act to amend the Internal of Policy, Economics and Innovation, Envi- At 3:21 p.m., a message from the Revenue Code of 1986 to exclude discharges of ronmental Protection Agency, transmitting, House of Representatives, delivered by indebtedness on principal residences from pursuant to law, the report of a rule entitled Mrs. Cole, one of its reading clerks, an- gross income, and for other purposes; to the ‘‘Mercury Switches in Motor Vehicles; Sig- nounced that the House has passed the Committee on Finance. nificant New Use Rule’’ ((RIN2070–AJ19)

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.016 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12774 CONGRESSIONAL RECORD — SENATE October 4, 2007 (FRL No. 8110–5)) received on October 2, 2007; EC–3559. A communication from the Assist- Thomas P. O’Brien, of California, to be to the Committee on Environment and Pub- ant Secretary of the Army (Civil Works), United States Attorney for the Central Dis- lic Works. transmitting, pursuant to law, the report of trict of California for the term of four years. EC–3551. A communication from the Prin- the Secretary of the Army’s support of the Edward Meacham Yarbrough, of Tennessee, cipal Deputy Associate Administrator, Office authorization and construction of navigation to be United States Attorney for the Middle of Policy, Economics and Innovation, Envi- and ecosystem restoration improvements at District of Tennessee for the term of four ronmental Protection Agency, transmitting, the Corpus Christi Ship Channel and La years vice James K. Vines, resigned. pursuant to law, the report of a rule entitled Quinta Channel in Texas; to the Committee (Nominations without an asterisk ‘‘Approval and Promulgation of Air Quality on Environment and Public Works. were reported with the recommenda- Implementation Plans; Pennsylvania; Car- EC–3560. A communication from the Direc- bon Monoxide Maintenance Plan Update; tor, Regulations Policy and Management tion that they be confirmed.) Limited Maintenance Plan in Philadelphia Staff, Department of Health and Human f County’’ (FRL No. 8476–9) received on Octo- Services, transmitting, pursuant to law, the INTRODUCTION OF BILLS AND ber 2, 2007; to the Committee on Environ- report of a rule entitled ‘‘Current Good Man- JOINT RESOLUTIONS ment and Public Works. ufacturing Practice for Blood and Blood EC–3552. A communication from the Prin- Components; Notification of Consignees and The following bills and joint resolu- cipal Deputy Associate Administrator, Office Transfusion Recipients Receiving Blood and tions were introduced, read the first of Policy, Economics and Innovation, Envi- Blood Components at Increased Risk of and second times by unanimous con- ronmental Protection Agency, transmitting, Transmitting Hepatitis C Virus Infection’’ sent, and referred as indicated: pursuant to law, the report of a rule entitled ((RIN0910–AB76) (Docket No. 1999N–2337)) re- ‘‘Approval and Promulgation of Implementa- ceived on October 3, 2007; to the Committee By Mr. GRAHAM: S. 2137. A bill to eliminate methamphet- tion Plans; Florida; Clean Air Interstate on Health, Education, Labor, and Pensions. Rule’’ (FRL No. 8478–1) received on October EC–3561. A communication from the Regu- amine kingpins; to the Committee on the Ju- 2, 2007; to the Committee on Environment latory Specialist, Legislative and Regu- diciary. and Public Works. latory Activities Division, Department of By Mr. AKAKA (by request): S. 2138. A bill to amend title 38, United EC–3553. A communication from the Prin- the Treasury, transmitting, pursuant to law, States Code, to establish within the Depart- cipal Deputy Associate Administrator, Office the report of a rule entitled ‘‘Expanded Ex- ment of Veterans Affairs the position of As- of Policy, Economics and Innovation, Envi- amination Cycle for Certain Small Insured sistant Secretary for Acquisition, Logistics, ronmental Protection Agency, transmitting, Depository Institutions and U.S. Branches and Construction, and for other purposes; to pursuant to law, the report of a rule entitled and Agencies of Foreign Banks’’ (RIN1557– the Committee on Veterans’ Affairs. ‘‘Approval and Promulgation of Implementa- AD02) received on October 3, 2007; to the By Ms. KLOBUCHAR (for herself and tion Plans; Georgia; Clean Air Interstate Committee on Banking, Housing, and Urban Mr. COLEMAN): Rule’’ (FRL No. 8478–6) received on October Affairs. 2, 2007; to the Committee on Environment S. 2139. A bill to amend title 38, United and Public Works. f States Code, provide educational assistance EC–3554. A communication from the Prin- REPORTS OF COMMITTEES under the Montgomery GI Bill for members cipal Deputy Associate Administrator, Office of the National Guard and Reserve who serve of Policy, Economics and Innovation, Envi- The following reports of committees extended periods of continuous active duty ronmental Protection Agency, transmitting, were submitted: that include a prolonged period of service in pursuant to law, the report of a rule entitled By Mr. LEAHY, from the Committee on certain theaters of operation, and for other ‘‘Approval and Promulgation of Air Quality the Judiciary, without amendment: purposes; to the Committee on Veterans’ Af- Implementation Plans; Pennsylvania; Redes- S. 221. A bill to amend title 9, United fairs. ignation of the Erie 8-Hour Ozone Nonattain- States Code, to provide for greater fairness By Mr. DORGAN (for himself and Mr. ment Area to Attainment and Approval of in the arbitration process relating to live- ENZI): the Area’s Maintenance Plan and 2002 Base stock and poultry contracts (Rept. No. 110– S. 2140. A bill to award a Congressional Year Inventory’’ (FRL No. 8478–9) received 190). Gold Medal to Francis Collins, in recognition on October 2, 2007; to the Committee on En- By Mr. LEAHY, from the Committee on of his outstanding contributions and leader- vironment and Public Works. the Judiciary, with an amendment in the na- ship in the fields of medicine and genetics; to EC–3555. A communication from the Prin- ture of a substitute: the Committee on Banking, Housing, and cipal Deputy Associate Administrator, Office S. 453. A bill to prohibit deceptive prac- Urban Affairs. of Policy, Economics and Innovation, Envi- tices in Federal elections (Rept. No. 110–191). By Mr. JOHNSON (for himself, Ms. ronmental Protection Agency, transmitting, By Mr. LEAHY, from the Committee on MURKOWSKI, Mr. BROWN, Mr. DURBIN, pursuant to law, the report of a rule entitled the Judiciary, without amendment and with Ms. LANDRIEU, and Mrs. MURRAY): ‘‘Approval of Implementation Plans of South a preamble: S. 2141. A bill to amend the Public Health Carolina: Clean Air Interstate Rule’’ (FRL H. Con. Res. 193. A concurrent resolution Service Act to reauthorize and extend the No. 8478–3) received on October 2, 2007; to the recognizing all hunters across the United Fetal Alcohol Syndrome prevention and Committee on Environment and Public States for their continued commitment to services program, and for other purposes; to Works. safety. the Committee on Health, Education, Labor, EC–3556. A communication from the Prin- S. Res. 326. A resolution supporting the and Pensions. cipal Deputy Associate Administrator, Office goals and ideals of a National Day of Re- By Mr. BROWN: of Policy, Economics and Innovation, Envi- membrance for Murder Victims. S. 2142. A bill to amend title 38, United ronmental Protection Agency, transmitting, By Mr. LEAHY, from the Committee on States Code, to require the Secretary of Vet- pursuant to law, the report of a rule entitled the Judiciary, without amendment: erans Affairs to reimburse veterans receiving ‘‘Consumer and Commercial Products: Con- S. 1640. A bill to amend chapter 13 of title emergency treatment in non-Department of trol Techniques Guidelines in Lieu of Regu- 17, United States Code (relating to the vessel Veterans Affairs facilities for such treat- lations for Paper, Film, and Foil Coatings; hull design protection), to clarify the defini- ment until such veterans are transferred to Metal Furniture Coatings; and Large Appli- tions of a hull and a deck. Department facilities, and for other pur- ance Coatings’’ ((RIN2060–AO14) (FRL No. By Mr. INOUYE, from the Committee on poses; to the Committee on Veterans’ Af- 8478–7)) received on October 2, 2007; to the Commerce, Science, and Transportation, fairs. Committee on Environment and Public without amendment and with a preamble: By Mr. KOHL (for himself, Mr. FEIN- Works. S.J. Res. 17. A joint resolution directing GOLD, Mr. TESTER, Mr. SANDERS, Mr. EC–3557. A communication from the Prin- the United States to initiate international KERRY, Mr. DURBIN, Mr. OBAMA, Mr. cipal Deputy Associate Administrator, Office discussions and take necessary steps with BINGAMAN, and Mr. DOMENICI): of Policy, Economics and Innovation, Envi- other Nations to negotiate an agreement for S. 2143. A bill to amend the Elementary ronmental Protection Agency, transmitting, managing migratory and transboundary fish and Secondary Education Act to establish a pursuant to law, the report of a rule entitled stocks in the Arctic Ocean. program to improve the health and edu- ‘‘National Primary Drinking Water Regula- S. Con. Res. 39. A concurrent resolution cation of children through grants to expand tions for Lead and Copper: Short-Term Regu- supporting the goals and ideals of a world school breakfast programs, and for other latory Revisions and Clarifications’’ day of remembrance for road crash victims. purposes; to the Committee on Agriculture, Nutrition, and Forestry. ((RIN2040–AE83) (FRL No. 8476–5)) received f on October 2, 2007; to the Committee on En- By Mr. COLEMAN (for himself, Mr. vironment and Public Works. EXECUTIVE REPORTS OF SALAZAR, Ms. MURKOWSKI, Ms. EC–3558. A communication from the Assist- COMMITTEES LANDRIEU, Mr. THUNE, Mr. JOHNSON, ant Secretary of the Army (Civil Works), Mr. WARNER, Mr. LIEBERMAN, Mr. The following executive reports of transmitting, pursuant to law, a report rel- MARTINEZ, and Mr. BUNNING): ative to a study of the Lower Colorado River nominations were submitted: S. 2144. A bill to require the Secretary of Basin in Texas; to the Committee on Envi- By Mr. LEAHY for the Committee on the Energy to conduct a study of feasibility re- ronment and Public Works. Judiciary. lating to the construction and operation of

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pipelines and carbon dioxide sequestration By Mr. BYRD: S. 887 facilities, and for other purposes; to the S. 2155. A bill to amend the Energy Policy At the request of Mrs. FEINSTEIN, the Committee on Energy and Natural Re- Act of 1992 to encourage the development of name of the Senator from Florida (Mr. sources. clean energy technologies for deployment in MARTINEZ) was added as a cosponsor of By Mr. SMITH (for himself, Mr. JOHN- markets abroad, to assist the Department of S. 887, a bill to restore import and SON, and Mr. DORGAN): Energy’s promotion of research and develop- S. 2145. A bill to amend the Indian Health ment of clean and efficient energy systems, entry agricultural inspection functions Care Improvement Act to ensure that Indian to encourage the Department of Energy and to the Department of Agriculture. veterans are not liable for certain health other Federal agencies to work together to S. 897 care payments; to the Committee on the Ju- improve the advancement of sustainable en- At the request of Ms. MIKULSKI, the diciary. ergy use and reduce greenhouse gas emis- names of the Senator from Louisiana By Mr. CARPER (for himself, Mr. sions, and for other purposes; to the Com- (Ms. LANDRIEU) and the Senator from VOINOVICH, and Mrs. CLINTON): mittee on Foreign Relations. S. 2146. A bill to authorize the Adminis- By Mr. BINGAMAN (for himself, Mr. South Dakota (Mr. JOHNSON) were trator of the Environmental Protection DOMENICI, Ms. CANTWELL, and Mr. added as cosponsors of S. 897, a bill to Agency to accept, as part of a settlement, JOHNSON): amend the Internal Revenue Code of diesel emission reduction Supplemental En- S. 2156. A bill to authorize and facilitate 1986 to provide more help to Alz- vironmental Projects, and for other pur- the improvement of water management by heimer’s disease caregivers. poses; to the Committee on Environment and the Bureau of Reclamation, to require the S. 898 Public Works. Secretary of the Interior and the Secretary At the request of Ms. MIKULSKI, the By Mr. REID (for Mr. OBAMA (for him- of Energy to increase the acquisition and names of the Senator from Louisiana self, Mr. DURBIN, Mr. WHITEHOUSE, analysis of water resources for irrigation, Mr. BYRD, and Mr. KERRY)): hydroelectric power, municipal, and environ- (Ms. LANDRIEU) and the Senator from S. 2147. A bill to require accountability for mental uses, and for other purposes; to the South Dakota (Mr. JOHNSON) were contractors and contract personnel under Committee on Energy and Natural Re- added as cosponsors of S. 898, a bill to Federal contracts, and for other purposes; to sources. amend the Public Health Service Act the Committee on the Judiciary. By Mr. SANDERS: to fund breakthroughs in Alzheimer’s By Mr. AKAKA: S. 2157. A bill to amend the Elementary S. 2148. A bill to provide for greater diver- disease research while providing more and Secondary Education Act of 1965 to es- help to caregivers and increasing pub- sity within, and to improve policy direction tablish pilot programs in expanded school at- and oversight of, the Senior Executive Serv- tendance; to the Committee on Health, Edu- lic education about prevention. ice; to the Committee on Homeland Security cation, Labor, and Pensions. S. 911 and Governmental Affairs. f At the request of Mr. REED, the By Mr. DORGAN: names of the Senator from Louisiana S. 2149. A bill to amend the Energy Policy SUBMISSION OF CONCURRENT AND (Ms. LANDRIEU), the Senator from Dela- Act of 1992 to establish a program to provide SENATE RESOLUTIONS incentives for projects to produce synthetic ware (Mr. BIDEN) and the Senator from gas, liquid fuels, and other products from The following concurrent resolutions Nevada (Mr. REID) were added as co- coal and other feedstocks while simulta- and Senate resolutions were read, and sponsors of S. 911, a bill to amend the neously reducing greenhouse gas emissions referred (or acted upon), as indicated: Public Health Service Act to advance and reliance of the United States on petro- By Mr. BENNETT: medical research and treatments into leum and natural gas, and for other pur- S. Res. 344. A resolution commending the pediatric cancers, ensure patients and poses; to the Committee on Finance. Government of Germany for preventing a families have access to the current By Mr. BOND (for himself and Mrs. large-scale terrorist attack in September treatments and information regarding MCCASKILL): 2007, and supporting future cooperation to S. 2150. A bill to designate the facility of pediatric cancers, establish a popu- prevent terrorism; considered and agreed to. lation-based national childhood cancer the United States Postal Service located at By Mr. REID: 4320 Blue Parkway in Kansas City, Missouri, S. Con. Res. 49. A concurrent resolution database, and promote public aware- as the ‘‘Wallace S. Hartsfield Post Office providing for a conditional adjournment or ness of pediatric cancers. Building’’; to the Committee on Homeland recess of the Senate; considered and agreed S. 999 Security and Governmental Affairs. to. At the request of Mr. COCHRAN, the By Mr. PRYOR (for himself, Mrs. LIN- f name of the Senator from Pennsyl- COLN, Mr. BOND, Mr. COCHRAN, and vania (Mr. CASEY) was added as a co- Mrs. MCCASKILL): ADDITIONAL COSPONSORS S. 2151. A bill to amend the National Flood sponsor of S. 999, a bill to amend the Insurance Act of 1968 to authorize notations S. 535 Public Health Service Act to improve on flood insurance rate maps for areas pro- At the request of Mr. DODD, the name stroke prevention, diagnosis, treat- tected against 100-year and 500-year floods by of the Senator from West Virginia (Mr. ment, and rehabilitation. certified flood control structure; to the Com- BYRD) was added as a cosponsor of S. S. 1008 mittee on Banking, Housing, and Urban Af- 535, a bill to establish an Unsolved At the request of Mr. SANDERS, the fairs. Crimes Section in the Civil Rights Di- By Mr. McCONNELL (for himself, Mr. name of the Senator from Vermont vision of the Department of Justice, LOTT, Mr. KYL, Mr. GREGG, Mr. ENZI, (Mr. LEAHY) was added as a cosponsor Mr. BUNNING, Mr. COBURN, Mr. AL- and an Unsolved Civil Rights Crime In- of S. 1008, a bill to amend the Atomic LARD, Mr. DEMINT, Mr. CORNYN, Mr. vestigative Office in the Civil Rights Energy Act of 1954 to improve and INHOFE, Mrs. DOLE, Mr. VITTER, Mr. Unit of the Federal Bureau of Inves- strengthen the safety inspection proc- BURR, Mr. BENNETT, Mr. BARRASSO, tigation, and for other purposes. ess of nuclear facilities. Mr. ISAKSON, Mr. COCHRAN, and Mr. S. 700 S. 1120 ENSIGN): S. 2152. A bill to amend title XXI of the So- At the request of Mr. CRAPO, the At the request of Mr. ISAKSON, the cial Security Act to reauthorize the State name of the Senator from Nebraska name of the Senator from Mississippi Children’s Health Insurance Program (Mr. HAGEL) was added as a cosponsor (Mr. COCHRAN) was added as a cospon- through fiscal year 2012, and for other pur- of S. 700, a bill to amend the Internal sor of S. 1120, a bill to amend the Pub- poses; read the first time. Revenue Code to provide a tax credit to lic Health Service Act to provide By Mr. REED: individuals who enter into agreements grants for the training of graduate S. 2153. A bill to amend the Truth in Lend- to protect the habitats of endangered ing Act to enhance disclosure of the terms of medical residents in preventive medi- home mortgage loans, and for other pur- and threatened species, and for other cine and public health. poses; to the Committee on Banking, Hous- purposes. S. 1335 ing, and Urban Affairs. S. 714 At the request of Mr. INHOFE, the By Mr. JOHNSON (for himself, Mr. At the request of Mr. AKAKA, the name of the Senator from Georgia (Mr. THUNE, and Mr. CONRAD): name of the Senator from Oregon (Mr. CHAMBLISS) was added as a cosponsor of S. 2154. A bill to amend the Social Security WYDEN) was added as a cosponsor of S. S. 1335, a bill to amend title 4, United Act and the Internal Revenue Code of 1986 to exempt certain employment as a member of 714, a bill to amend the Animal Welfare States Code, to declare English as the a local governing board, commission, or Act to ensure that all dogs and cats official language of the Government of committee from social security tax cov- used by research facilities are obtained the United States, and for other pur- erage; to the Committee on Finance. legally. poses.

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S. 1356 S. 1708 S. 2128 At the request of Mr. BROWN, the At the request of Mr. DODD, the name At the request of Mr. SUNUNU, the name of the Senator from Pennsyl- of the Senator from Maine (Ms. COL- names of the Senator from Kansas (Mr. vania (Mr. CASEY) was added as a co- LINS) was added as a cosponsor of S. BROWNBACK), the Senator from Nevada sponsor of S. 1356, a bill to amend the 1708, a bill to provide for the expansion (Mr. ENSIGN) and the Senator from Federal Deposit Insurance Act to es- of Federal efforts concerning the pre- South Carolina (Mr. DEMINT) were tablish industrial bank holding com- vention, education, treatment, and re- added as cosponsors of S. 2128, a bill to pany regulation, and for other pur- search activities related to Lyme and make the moratorium on Internet ac- poses. other tick-borne diseases, including cess taxes and multiple and discrimina- S. 1394 the establishment of a Tick-Borne Dis- tory taxes on electronic commerce per- At the request of Ms. STABENOW, the eases Advisory Committee. manent. name of the Senator from Nevada (Mr. S. 1760 S. 2134 REID) was added as a cosponsor of S. At the request of Mr. BROWN, the At the request of Mr. ALEXANDER, the 1394, a bill to amend the Internal Rev- name of the Senator from Pennsyl- names of the Senator from Maine (Ms. enue Code of 1986, to exclude from gross vania (Mr. CASEY) was added as a co- COLLINS), the Senator from New York income of individual taxpayers dis- sponsor of S. 1760, a bill to amend the (Mrs. CLINTON), the Senator from Ohio charges of indebtedness attributable to Public Health Service Act with respect (Mr. VOINOVICH), the Senator from Vir- certain forgiven residential mortgage to the Healthy Start Initiative. ginia (Mr. WEBB) and the Senator from North Carolina (Mrs. DOLE) were added obligations. S. 1782 as cosponsors of S. 2134, a bill to re- S. 1451 At the request of Mr. FEINGOLD, the At the request of Mr. WHITEHOUSE, quire the Secretary of Defense to sub- names of the Senator from Massachu- mit to Congress reports on the status the names of the Senator from Illinois setts (Mr. KENNEDY) and the Senator (Mr. DURBIN) and the Senator from of planning for the redeployment of the from Rhode Island (Mr. WHITEHOUSE) Armed Forces from Iraq and to require South Carolina (Mr. GRAHAM) were were added as cosponsors of S. 1782, a added as cosponsors of S. 1451, a bill to the Secretary of Defense, the Chairman bill to amend chapter 1 of title 9 of of the Joint Chiefs of Staff, and appro- encourage the development of coordi- United States Code with respect to ar- nated quality reforms to improve priate senior officials of the Depart- bitration. ment of Defense to meet with Congress health care delivery and reduce the S. 1865 cost of care in the health care system. to brief Congress on matters contained At the request of Mr. SCHUMER, the in the reports. S. 1455 name of the Senator from Florida (Mr. S.J. RES. 4 At the request of Mr. WHITEHOUSE, MARTINEZ) was added as a cosponsor of the name of the Senator from Illinois At the request of Mr. BROWNBACK, the S. 1865, a bill to provide for mandatory name of the Senator from Iowa (Mr. (Mr. DURBIN) was added as a cosponsor availability of life insurance that does of S. 1455, a bill to provide for the es- HARKIN) was added as a cosponsor of not preclude future lawful travel, and S.J. Res. 4, a joint resolution to ac- tablishment of a health information for other purposes. technology and privacy system. knowledge a long history of official S. 2056 depredations and ill-conceived policies S. 1471 At the request of Mr. ROCKEFELLER, by the United States Government re- At the request of Mr. WHITEHOUSE, the names of the Senator from Michi- garding Indian tribes and offer an apol- the name of the Senator from Illinois gan (Ms. STABENOW) and the Senator ogy to all Native Peoples on behalf of (Mr. DURBIN) was added as a cosponsor from Maryland (Mr. CARDIN) were the United States. of S. 1471, a bill to provide for the vol- added as cosponsors of S. 2056, a bill to S. RES. 106 untary development by States of quali- amend title XVIII of the Social Secu- At the request of Mr. DURBIN, the fying best practices for health care and rity Act to restore financial stability name of the Senator from Washington to encourage such voluntary develop- to Medicare anesthesiology teaching (Ms. CANTWELL) was added as a cospon- ment by amending titles XVIII and programs for resident physicians. sor of S. Res. 106, a resolution calling XIX of the Social Security Act to pro- S 2063 on the President to ensure that the for- vide differential rates of payment fa- . eign policy of the United States re- voring treatment provided consistent At the request of Mr. CONRAD, the flects appropriate understanding and with qualifying best practices under name of the Senator from Florida (Mr. sensitivity concerning issues related to the Medicare and Medicaid programs, MARTINEZ) was added as a cosponsor of human rights, ethnic cleansing, and and for other purposes. S. 2063, a bill to establish a Bipartisan Task Force for Responsible Fiscal Ac- genocide documented in the United S. 1482 tion, to assure the economic security States record relating to the Armenian At the request of Mr. ROCKEFELLER, Genocide. the name of the Senator from Ohio of the United States, and to expand fu- ture prosperity and growth for all S. RES. 321 (Mr. BROWN) was added as a cosponsor At the request of Mrs. FEINSTEIN, the of S. 1482, a bill to amend part A of Americans. name of the Senator from Missouri title IV of the Social Security Act to S. 2064 (Mr. BOND) was added as a cosponsor of require the Secretary of Health and At the request of Mr. DURBIN, the S. Res. 321, a resolution expressing the Human Services to conduct research on name of the Senator from Pennsyl- sense of the Senate regarding the indicators of child well-being. vania (Mr. CASEY) was added as a co- Israeli-Palestinian peace process. S. 1495 sponsor of S. 2064, a bill to fund com- f At the request of Mr. INOUYE, the prehensive programs to ensure an ade- name of the Senator from Oregon (Mr. quate supply of nurses. STATEMENTS ON INTRODUCED SMITH) was added as a cosponsor of S. S. 2071 BILLS AND JOINT RESOLUTIONS 1495, a bill to amend the Internal Rev- At the request of Mrs. FEINSTEIN, the By Mr. JOHNSON (for himself, name of the Senator from Indiana (Mr. enue Code of 1986 to modify the appli- Ms. MURKOWSKI, Mr. BROWN, BAYH) was added as a cosponsor of S. cation of the tonnage tax on vessels op- Mr. DURBIN, Ms. LANDRIEU, and 2071, a bill to enhance the ability to erating in the dual United States do- Mrs. MURRAY): mestic and foreign trades, and for combat methamphetamine. S. 2141. A bill to amend the Public other purposes. S. 2077 Health Service Act to reauthorize and S. 1604 At the request of Mr. HARKIN, the extend the Fetal Alcohol Syndrome At the request of Mrs. CLINTON, the name of the Senator from California prevention and services program, and name of the Senator from Ohio (Mr. (Mrs. FEINSTEIN) was added as a co- for other purposes; to the Committee BROWN) was added as a cosponsor of S. sponsor of S. 2077, a bill to establish a on Health, Education, Labor, and Pen- 1604, a bill to increase the number of program to assure the safety of fresh sions. well-educated nurses, and for other produce intended for human consump- Mr. JOHNSON. Mr. President, today I purposes. tion, and for other purposes. join Senators BROWN, DURBIN,

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.100 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12777 LANDRIEU, MURKOWSKI and MURRAY in FASD will commit their first crime be- communicating with and supporting introducing the Advancing FASD Re- tween the ages of 9 and 14. To that end, individuals with FASD. search, Prevention, and Services Act. I our bill will provide health care and ju- Again, I am so pleased to be intro- thank them for joining me in this im- dicial system workers with the re- ducing this bill with my colleagues and portant effort to improve the surveil- sources they need to work with and un- encourage all of our colleagues to con- lance, identification, and prevention of derstand FASD-affected individuals sider supporting this bill. I would also Fetal Alcohol Syndrome Disorders, or when they encounter them in health like to take a moment to thank Sen- FASD. care settings or the court system. ator Daschle for his leadership on During the course of my career, I All of these unfortunate statistics FASD. His commitment to combating have admired people who struggle with compel me to join with my colleagues this illness is still present in South Da- the affects of a Fetal Alcohol Spectrum to offer a comprehensive approaching kota and in the lives of those who bat- Disorder and watched with deep respect to preventing FASD, advancing re- tle FASD every day. as their families struggle to help them search to learn more about FASD, and succeed. Through no fault of their own, increasing provision of services to By Mr. KOHL (for himself, Mr. these FASD-affected individuals face a those living with FASD and their fami- FEINGOLD, Mr. TESTER, Mr. lifetime of cognitive, physical, and lies. While we have increased aware- SANDERS, Mr. KERRY, Mr. DUR- emotional challenges, including severe ness about the dangers of consuming BIN, Mr. OBAMA, Mr. BINGAMAN, learning disabilities, physical abnor- alcohol during pregnancy, we clearly and Mr. DOMENICI): malities, costly medical bills, and be- have much more work to do as we S. 2143. A bill to amend the Elemen- havioral impairments. However, we strive to reach the goal of eliminating tary and Secondary Education Act to have an opportunity to help people the negative effects of prenatal alcohol establish a program to improve the with an FASD overcome many of these exposure. health and education of children challenges with appropriate health, In my home State of South Dakota, through grants to expand school break- education, judicial, and housing serv- we have had great successes in working fast programs, and for other purposes; ices. As with other disabilities, by in- on this issue. With the leadership of to the Committee on Agriculture, Nu- vesting a small amount of money, we the health professionals at our es- trition, and Forestry. can ensure that FASD-affected individ- teemed universities, parents, and Mr. FEINGOLD. Mr. President, today uals have the resources they need to teachers, among countless others, we I join Senator KOHL in introducing the succeed in school, work and life. have made some important progress in Student Breakfast and Education Im- Fetal Alcohol Spectrum Disorders addressing FASD. This legislation will provement Act as part of my continued are estimated to affect 1 in 100 live bolster the efforts of these dedicated efforts to improve our nation’s schools. births, or more than 40,000 infants, South Dakotans and many others I am pleased to be working with the each year. Researchers estimate that across the country who are working senior Senator from Wisconsin, who one percent of our population lives hard to prevent FASD and support the has been a longtime leader in this area. with an FASD, which is more than 3 children and families living with its As far back as 1999, he has sponsored million Americans. In my home State consequences. legislation to support breakfast pro- of South Dakota, approximately 7,819 This bill will provide much needed grams, and he has continued his sup- individuals are suspected of having an support in the areas of research and port through his work on the Agri- FASD. prevention. This legislation requires culture Appropriations Committee The costs of this completely prevent- the National Institutes of Health to de- since then. able condition to our country are stag- velop a research agenda focusing on the One often overlooked part of student gering. According to the University of most promising avenues research in di- classroom performance is nutrition and South Dakota Sanford School of Medi- agnosis, intervention, and prevention, hunger, which can have a tremendous cine’s Center for Disabilities, the life- as well as factors that may mitigate impact on students. I know many of time cost for an individual with Fetal the effects of fetal alcohol exposure. my colleagues share my support for Alcohol Syndrome, the most severe of This bill will also make available school programs that help alleviate disorders in this spectrum, is over $2 grants to federally qualified health hunger for the most in-need students, million. The annual cost of FASD to centers to implement and evaluate pro- such as the Free and Reduced Price South Dakota, including medical treat- grams to increase awareness and iden- Lunch Program, as well as those pro- ment, special education services, and tification of FASD in those settings. grams that provide healthier food, such home and residential care, is estimated Participating health centers will be as the Fresh Fruit and Vegetable to be $18 million. Nationally, the cost able to provide training to health care Snack and Farm-to-Cafeteria pro- for these services will approach $6 bil- providers on identifying and educating grams. lion this year alone, but neither of women who are at risk for alcohol con- I am sure that I am not the only these estimates include the economic sumption during pregnancy and on member of this body who grew up hear- costs of lost productivity. screening children for FASD. ing that breakfast is the most impor- While there is no known cure, FASD Another provision in this bill will tant meal of the day. When I talk to is entirely preventable, and this bill create public awareness and education my colleagues and constituents about seeks a balance between directing fed- campaigns in at-risk areas in order to our proposal and the importance of eral resources to prevention activities further the prevention of this disease. breakfast and learning, it is not a hard and to services for individuals living This bill will authorize the develop- sell. People understand immediately with FASD and their families. This bill ment and broadcast of national public why this issue matters. focuses provision of services in areas service announcements to raise public Unfortunately, too many children go where FASD affected individuals are awareness of the risks associated with hungry and too many parents have to already receiving help. In South Da- alcohol consumption during pregnancy. choose between giving their children kota, more than 60 percent of people di- Recognizing that the consequences of lunch or breakfast, even if they get the agnosed with an FASD lived within a FASD are not just health-related, the help of reduced price meals. foster care home for some part of their bill promotes prevention, intervention The Student Breakfast and Edu- lives. With that in mind, our bill works and services within the education and cation Improvement Act would provide to train foster care workers and foster judicial systems. This legislation pro- grants for schools wishing to begin or parents on how to best communicate vides teachers with resources to edu- expand universal school breakfast pro- with and serve children living with cate and support children with FASD. grams. Studies show that kids who eat FASD. The bill seeks to involve everyone who breakfast perform better in school and Furthermore, it is estimated that 60 might encounter an FASD-affected per- on tests, and they tend to be less dis- percent of individuals with FASD will son in the judicial system, including ruptive to the class, and I have heard spend some time in a correctional in- judges, attorneys, probation officers, many stories from teachers, school stitution or mental health facility dur- law enforcement officers, and many nurses, and other school officials over ing their lives. Most individuals with others, and works to train them in the years to confirm this. In fact, last

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.108 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12778 CONGRESSIONAL RECORD — SENATE October 4, 2007 year in my home State of Wisconsin, collect daily meal money from stu- LIEBERMAN, Mr. MARTINEZ, and with the support of Senator KOHL, the dents, results in significant adminis- Mr. BUNNING): Milwaukee Public Schools worked with trative savings. While schools partici- S. 2144. A bill to require the Sec- the Hunger Task Force to implement pating under Provision 2 must cover retary of Energy to conduct a study of universal school breakfast programs in the lost revenue from the reduced and feasibility relating to the construction more than 60 schools. This program, full price meal costs, for the high-needs and operation of pipelines and carbon which has expanded in its second year, schools such as those targeted by this dioxide sequestration facilities, and for has proven popular with students, program, the typically higher partici- other purposes; to the Committee on teachers, and parents. pation rate also means the school can Energy and Natural Resources. We are set to debate the reauthoriza- benefit from some economies of scale Mr. COLEMAN. Mr. President, I ask tion of the No Child Left Behind Act, and receive a better price for the food. unanimous consent that the text of the NCLB, later this year. NCLB was the The grants this bill would provide bill be printed in the RECORD. 2002 reauthorization of the Elementary would help schools make the initial in- There being no objection, the text of and Secondary Education Act, ESEA, vestments needed to establish a uni- the bill was ordered to be printed in of 1965. NCLB set the important goal of versal breakfast program and make up the RECORD, as follows: closing the achievement gap that ex- for the lost revenue. S. 2144 ists in our nation’s schools. I disagree Some universal breakfast programs, Be it enacted by the Senate and House of Rep- with some of the methods that NCLB like the one I mentioned in Milwaukee, resentatives of the United States of America in Congress assembled, employs, including relying primarily have demonstrated that universal free on high-stakes standardized tests to SECTION 1. SHORT TITLE. breakfast programs create an economy This Act may be cited as the ‘‘Carbon Di- measure students and schools, but I of scale that actually makes the cost oxide Pipeline Study Act of 2007’’. strongly agree that the achievement per student lower. The Milwaukee pro- SEC. 2. STUDY OF FEASIBILITY RELATING TO gap needs to be closed. The latest gram served breakfast in the class- CONSTRUCTION AND OPERATION OF scores from the National Assessment room, which, according to teachers and PIPELINES AND CARBON DIOXIDE on Educational Progress NAEP were SEQUESTRATION FACILITIES. others involved, further improved the (a) IN GENERAL.—The Secretary of Energy released last week and the scores show economy of the program, as well as the (referred to in this section as the ‘‘Sec- we have a very long way to go before positive impact of breakfast on stu- retary’’), in coordination with the Federal we close that achievement gap in many dents’ attention. Energy Regulatory Commission, the Sec- States, including in my State of Wis- While our bill has some preferences, retary of Transportation, the Administrator consin. including a target for the poorest of the Environmental Protection Agency, There are a variety of education re- schools, it is important to note that it and the Secretary of the Interior, shall con- forms that need to be pursued at the has tremendous flexibility for the duct a study to assess the feasibility of the federal, state, and local level in order construction and operation of— states and school districts. Schools will (1) pipelines to be used for the transpor- to close the achievement gap. One step be able to tailor their universal break- tation of carbon dioxide for the purpose of Congress can take is to support pro- fast programs to the needs of their own sequestration or enhanced oil recovery; and grams to comprehensively address the students. It also gives schools the op- (2) carbon dioxide sequestration facilities. needs of children, including their nutri- tion of purchasing locally grown foods (b) SCOPE.—In conducting the study under tion, health, and social needs. Our Stu- and linking with local farmers, which subsection (a), the Secretary shall consider— dent Breakfast and Education Improve- provide excellent opportunities for nu- (1) any barrier or potential barrier in exist- ment Act is legislation that is designed ence as of the date of enactment of this Act, trition lessons and can even be incor- including any technical, siting, financing, or to help address some of those needs. porated into other subjects such as regulatory barrier, relating to the construc- Too many students in some of our na- science and math. tion and operation of— tion’s most disadvantaged schools walk This bill is just a start; much more (A) pipelines to be used for the transpor- into school in the morning hungry, or should be done to increase participa- tation of carbon dioxide for the purpose of eat junk food for their breakfast. By tion in breakfast programs and provide sequestration or enhanced oil recovery; or working to provide these students with schools with the ability and resources (B) carbon dioxide sequestration facilities; access to a nutritious breakfast, we are to design programs that address the (2) any market risk (including throughput telling these students that we value needs of their students and commu- risk) relating to the construction and oper- ation of— them and that we want to help them nities. Our bill does not intend to re- (A) pipelines to be used for the transpor- achieve all that they can in school. place broader efforts, but rather to pro- tation of carbon dioxide for the purpose of Much more needs to be done to address vide some immediate assistance for the sequestration or enhanced oil recovery; or other needs of our students, but this schools most in need. Furthermore, by (B) carbon dioxide sequestration facilities; bill is a step in the right direction. including a reporting requirement and (3) any regulatory, financing, or siting op- Our legislation would target the encouraging researchers to study the tion that, as determined by the Secretary, schools most in need, those with 65 per- effectiveness of the funded programs in would— cent more of students eligible for the improving student learning, this legis- (A) mitigate any market risk described in free and reduced price lunch program, paragraph (2); or lation would provide useful evidence (B) help ensure the construction of pipe- with the funds necessary to implement about the need for broader investment lines dedicated to the transportation of car- a universal free breakfast program. and how to ensure those resources are bon dioxide for the purpose of sequestration The grants, which could be used in a best spent. or enhanced oil recovery; number of ways, aim to help schools I would like to thank Senators TEST- (4) the means by which to ensure the safe overcome the numerous barriers to cre- ER, SANDERS, KERRY, DURBIN, OBAMA, handling, transportation, and sequestration ating a universal school breakfast pro- BINGAMAN, and DOMENICI for their sup- of carbon dioxide; gram. In fiscal year 2006, 10 million port for this legislation. The Student (5) any preventive measure to ensure the more students participated in free and integrity of pipelines to be used for the Breakfast and Education Improvement transportation of carbon dioxide for the pur- reduced price lunch than breakfast. Act is also supported by the Hunger pose of sequestration or enhanced oil recov- This disparity is troubling to me and Task Force, Community Food Security ery; and many others. Coalition, the School Social Work As- (6) any other appropriate issue, as deter- Our bill would work with existing sociation of America and the Wisconsin mined by the Secretary. meal programs, not replace them. Pro- School Social Workers Association. I (c) REPORT.—Not later than 180 days after vision 2 of Section 11(a)(l) of the Na- look forward to working with my col- the date of enactment of this Act, the Sec- retary shall submit to the Committee on En- tional School Lunch Act allows schools leagues to provide breakfast to more to establish their free and reduced ergy and Natural Resources of the Senate in-need students. and the Committee on Energy and Commerce meal rates for a 4 year period if they of the House of Representatives a report de- serve all meals at no charge. The com- By Mr. COLEMAN (for himself, scribing the results of the study. bination of not having to collect free Mr. SALAZAR, Ms. MURKOWSKI, and reduced price information from Ms. LANDRIEU, Mr. THUNE, Mr. By Mr. SMITH (for himself, Mr. students annually, and not having to JOHNSON, Mr. WARNER, Mr. JOHNSON, and Mr. DORGAN):

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.110 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12779 S. 2145. A bill to amend the Indian vided to all eligible AI/AN veterans. In and not reflective of the diversity of Health Care Improvement Act to en- my State, the Portland VA Medical the potential pool of applicants. sure that Indian veterans are not liable Center and the Portland Area Office- While we have seen some gains in the for certain health care payments; to IHS are working on a local MOU for area of women in senior positions, the the Committee on the Judiciary. the purpose of improving access to VA 28 percent of women in the SES is far Mr. SMITH. Mr. President, I rise health care services for eligible AI/AN less than the national average. And for today to introduce the American In- veterans. The Warms Springs Confed- minorities in senior level career posi- dian Veteran Health Care Improvement erated Tribes have been instrumental tions, the gap is worse. Twenty-one Act, along with Senators JOHNSON and in developing this agreement based on percent of the potential applicants are DORGAN. This legislation would encour- the needs of and by AI veterans on the racial and ethnic minorities while only age collaborations between the Depart- Warm Springs Reservation. These vet- 16 percent of the entire SES are mi- ment of Health and Human Services, erans often are eligible for health bene- norities. HHS, and the Department of Veterans fits from both VA and IHS and it is As agencies think about the next Affairs, VA, which would result in their intended purpose to make care generation of SES, it is important to greater access to health care services more seamless, thereby improving ac- be reminded of the need to recruit a for American Indian and Alaska Na- cess and quality. talented and diverse pool of candidates tive, AI/AN, veterans of federally-rec- Based on the Federal Government’s in order to bring fresh perspectives ognized tribes. This legislation also trust responsibility for Indian tribes, into our Government’s leadership roles. would ensure that these AI/AN vet- eligible Indians receive free IHS health In serving the diverse population of erans eligible for VA health care bene- services regardless of their ability to America, we need diverse leaders to fits delivered by the Indian Health pay. Unlike the IHS, the VA imposes improve the way the Federal workforce Service, IHS, an Indian tribe, or tribal cost-sharing on certain beneficiaries. serves our country. organizations will not be liable for any This bill would alleviate eligible AI/AN It is well known that the Federal out of pocket expenses. veterans’ responsibility for any VA-re- Government is facing an impending re- American Indians and Alaska Natives lated expenses when care is delivered tirement wave. Ninety percent of sen- have a long history of exemplary mili- through the IHS. ior level employees will be eligible for tary service to the United States. They In November 2001, President George retirement in the next 10 years. Fed- have volunteered to serve their coun- W. Bush proclaimed National American eral agencies need to prepare for the try at a higher percentage in all of Indian Heritage Month by celebrating next generation of leaders and in the Americas’ wars and conflicts than any the role of the indigenous peoples of process actively recruit diverse talent. other ethnic group on a per capita North America in shaping our Nation’s I believe that mentoring is an excellent basis. As a result, they have a wide history and culture. He said, ‘‘Amer- way to do that. This bill requires the range of combat related health care ican Indian and Alaska Native cultures establishment of an SES mentorship needs. AI/AN veterans may be eligible have made remarkable contributions program. Qualified senior executives for health care from Veterans Health to our national identity. Their unique would be paired up with other talented Administration, VHA, or from IHS or spiritual, artistic, and literary con- women, racial and ethnic minorities, both. Despite this dual eligibility, AI/ tributions, together with their vibrant and disabled persons to mentor them in AN veterans report the highest rate of customs and celebrations, enliven and the hopes of cultivating a diverse pool unmet health care needs among vet- enrich our land.’’ of applicants for SES positions. erans and exhibit high rates of disease An important part of the overall con- The Senior Executive Service Diver- risk factors. tribution of AI/AN peoples to our Na- On February 25, 2003, the HHS and sity Assurance Act also establishes an tion is the part they play in protecting office of senior executive resources to the VA entered into a Memorandum of and preserving our freedoms. Their Understanding, MOU, to encourage co- improve overall efficiency and diver- contributions to our armed forces have sity by bringing together all the SES operation and resource sharing be- been made throughout our history. I tween the IHS and the VHA. The goal policy development and implementa- am hopeful that the VA and the IHS tion functions at the Office of Per- of the MOU is to use the strengths and will continue to work together to de- expertise of both organizations to in- sonnel Management. liver health care services to our Na- The bill also establishes evaluation crease access, deliver quality health tion’s AI/AN veterans that they so de- care services and enhance the health panels made up of women and minori- serve. I look forward to hearing about ties to review incoming applications status of AI/AN veterans. These col- more of these partnership projects, and laborations are designed to improve for SES positions and pass along rec- to learn of their successes. ommendations of the qualified can- communication between the agencies I look forward to working with my didates to the Executive Review Board. and tribal governments, and to create colleagues, Senator JOHNSON and Sen- The standards are high for entry into opportunities to develop strategies for ator DORGAN, and I urge my colleagues the SES, and I believe that this bill sharing information services and tech- to join us in support of this legislation. nology. The technology sharing in- continues that tradition and will im- cludes the VA’s electronic medical By Mr. AKAKA: prove the overall diversity in our high- record system, bar code medication ad- S. 2148. A bill to provide for greater ly talented executive workforce. ministration and telemedicine. Also, diversity within, and to improve policy America is a nation of many different the VA and the IHS cosponsor con- direction and oversight of, the Senior races and backgrounds. Every year, the tinuing medical training for their Executive Service; to the Committee diverse heritage of America continues health care staffs. The MOU encour- on Homeland Security and Govern- to grow, and our communities benefit ages VA, tribal, and IHS programs to mental Affairs. from the addition of those cultures. collaborate in numerous ways at the Mr. AKAKA. Mr. President, I wish to New cultures bring new ideas, and in local level. These services may include join my colleague in the House, Con- our civil service—America’s work- referrals for specialty care at a VA fa- gressman DANNY DAVIS, to introduce force—we need leadership that reflects cility, prescriptions offered by the VA, the Senior Executive Service Diversity those varied cultures and backgrounds. and testing not offered by IHS. Assurance Act to improve the manage- I believe this bill lays the framework At the local level, many partnerships ment of the Senior Executive Service, for bringing these new ideas and dif- are being formed among the IHS, VA, SES, and enhance its diversity. ferent populations into Federal leader- and tribal governments to identify For years we have known that the ship. I hope to see improvements in the local needs and develop local solutions. Federal SES does not reflect the diver- representation of women, racial and These local needs may include VA en- sity of our Nation. The Government ethnic minorities, and the disabled in rollment, initial screenings, and other Accountability Office released reports the SES. health care services. The anticipated in 2003 and 2007 showing that the per- Mr. President, I ask unanimous con- product of these collaborations is to centages of minorities in the SES are sent that the text of the bill be printed ensure that quality health care is pro- inconsistent from agency to agency in the RECORD.

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.116 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12780 CONGRESSIONAL RECORD — SENATE October 4, 2007 There being no objection, the text of (B) the total number of vacant career re- tive qualifications of candidates certified the bill was ordered to be printed in served positions at each agency; under subsection (b) with respect to such po- the RECORD, as follows: (C) whether candidates are being sought sition; and’’. for each such vacant position; and (c) DEFINITION OF APPOINTING AUTHORITY.— S. 2148 (D) the names and (to the extent available) Section 3393 of title 5, United States Code, is Be it enacted by the Senate and House of Rep- the race, ethnicity, gender, and any disabil- amended by adding after subsection (h) (as so resentatives of the United States of America in ities of individuals who have been certified, redesignated by subsection (a)) the fol- Congress assembled, in accordance with section 3393(d) of title 5, lowing: SECTION 1. SHORT TITLE. United States Code (as so redesignated by ‘‘(i) For purposes of this section, the term This Act may be cited as the ‘‘Senior Exec- section 3(a)), as having the executive quali- ‘appointing authority’ means, with respect utive Service Diversity Assurance Act’’. fications necessary for initial appointment to a position within an agency, the head of SEC. 2. SENIOR EXECUTIVE SERVICE RESOURCE as a career appointee; such agency (or his or her designee).’’. (d) TECHNICAL AND CONFORMING AMEND- OFFICE. (8) establish mentoring programs for indi- MENTS.— (a) DEFINITIONS.—For purposes of this sec- viduals described in paragraph (7)(D); (1) Section 3592(a)(1) of title 5, United tion— (9) collect and maintain statistics relating (1) the term ‘‘Director’’ means the Director States Code, is amended by striking to the composition of the Senior Executive ‘‘3393(d)’’ and inserting ‘‘3393(e)’’. of the Office of Personnel Management; Service based on race, ethnicity, gender, age, (2) the term ‘‘Senior Executive Service’’ (2) Section 3593 of such title is amended— and persons with disabilities; (A) in subsection (a)— has the meaning given such term by section (10) publish annually in the Federal Reg- 2101a of title 5, United States Code; (i) in the matter before paragraph (1), by ister statistics relating to— striking ‘‘3393(b) and (c)’’ and inserting (3) the terms ‘‘agency’’, ‘‘career ap- (A) the data collected by the SES Resource pointee’’, and ‘‘career reserved position’’ ‘‘3393(c) and (d)’’; and Office under paragraph (7); and (ii) in paragraph (1), by striking ‘‘3393(d)’’ have the meanings given them by section (B) the composition of the Senior Execu- 3132 of title 5, United States Code; and and inserting ‘‘3393(e)’’; and tive Service based on the factors listed in (B) in subsection (c)(1)— (4) the term ‘‘SES Resource Office’’ means paragraph (7)(D); and the Senior Executive Service Resource Of- (i) in the matter before subparagraph (A), (11) conduct a continuing program for the by striking ‘‘3393(b) and (c)’’ and inserting fice, established under subsection (b). recruitment of women, members of racial (b) ESTABLISHMENT.—Not later than Janu- ‘‘3393(c) and (d)’’; and and ethnic minority groups, and the disabled ary 1, 2009, the Director shall establish with- (ii) in subparagraph (C), by striking for Senior Executive Service positions, with in the Office of Personnel Management an of- ‘‘3393(d)’’ and inserting ‘‘3393(e)’’. fice to be known as the Senior Executive special efforts directed at recruiting from (3) Section 3594 of such title is amended in Service Resource Office. The mission of the educational institutions, professional asso- subsections (a) and (b) by striking ‘‘3393(d)’’ SES Resource Office shall be— ciations, and other sources. and inserting ‘‘3393(e)’’. (d) PUBLIC ACCESS TO STATISTICS.—The (1) to improve the efficiency, effectiveness, (4) Section 3595(b)(1) of such title is amend- SES Resource Office shall make the statis- ed by striking ‘‘3393(d)’’ and inserting and productivity of the Senior Executive tics under subsection (c)(10) accessible to the ‘‘3393(e)’’. Service through policy formulation and public through an Internet website. oversight; (5) Section 7541(1)(A) of such title is SEC. 3. CAREER APPOINTMENTS. (2) to advance the professionalism of the amended by striking ‘‘3393(d)’’ and inserting (a) ESTABLISHMENT AND ROLE OF SES EVAL- Senior Executive Service; and ‘‘3393(e)’’. UATION PANELS.—Section 3393 of title 5, (3) to ensure that, in seeking to achieve a United States Code, is amended— Senior Executive Service reflective of the By Mr. REED: (1) by redesignating subsections (b) S. 2153. A bill to amend the Truth in Nation’s diversity, recruitment is from through (g) as subsections (c) through (h), re- qualified individuals from appropriate spectively; and Lending Act to enhance disclosure of sources. (2) by inserting after subsection (a) the fol- the terms of home mortgage loans, and (c) FUNCTIONS.—It shall be the function of lowing: for other purposes; to the Committee the SES Resource Office to make rec- ‘‘(b)(1)(A) Each agency shall establish one on Banking, Housing, and Urban Af- ommendations to the Director with respect or more Senior Executive Service evaluation fairs. to regulations, and to provide guidance to panels, as appropriate, the members of which Mr. REED. Mr. President, today I in- agencies, concerning the structure, manage- shall be appointed by the head of the agency troduce the Mortgage Disclosure Im- ment, and diverse composition of the Senior (or his or her designee)— Executive Service. In order to carry out the provement Act of 2007. This bill will ‘‘(i) from among senior executives of the improve the loan disclosures given to purposes of this section, the SES Resource agency or commissioned officers of the uni- Office shall— formed services serving on active duty in homebuyers not only when they apply (1) take such actions as the SES Resource such agency; or for a mortgage, but also when they re- Office considers necessary to manage and ‘‘(ii) from among senior executives of or finance their home. promote an efficient, elite, and diverse corps commissioned officers of the uniformed serv- As we are all too aware, the percent- of senior executives by— ices serving on active duty in another agen- age of loans entering foreclosure is at (A) creating policies for the management cy, if— its highest level in 55 years. According and improvement of the Senior Executive ‘‘(I) subparagraph (B) could not (but for to RealtyTrac, there were 1.2 million Service; this clause) otherwise be satisfied; and foreclosures reported nationwide last (B) providing oversight of the performance, ‘‘(II) the consent of the head of the other structure, and composition of the Senior Ex- year, up 42 percent from 2005. Many of agency is obtained. these Americans going into foreclosure ecutive Service; and ‘‘(B) Each panel shall consist of 3 members, (C) providing guidance and oversight to of whom at least 1 shall be a woman and 1 took out exotic adjustable rate and agencies in the management of senior execu- other shall be a member of a racial or ethnic payment option loans which are now tives and candidates for the Senior Execu- minority group. resetting to new, much higher monthly tive Service; ‘‘(2) It shall be the function of a Senior Ex- payments. Many of these consumers (2) be responsible for the policy develop- ecutive Service evaluation panel, with re- never understood how these loan prod- ment, management, and oversight of the spect to any Senior Executive Service posi- ucts worked or how high their pay- Senior Executive Service pay system; tion for which a vacancy announcement is ments would be once these loans reset. (3) develop standards for certification of posted— The Mortgage Disclosure Improve- each agency’s Senior Executive Service per- ‘‘(A) to review the executive qualifications formance management system and evaluate of each candidate for a position which is to ment Act of 2007 would for the first all agency applications for certification; be filled by a career appointee; and time require that the maximum pay- (4) be responsible for developing and moni- ‘‘(B) to certify to the appropriate executive ment that a consumer has to make on toring programs for the advancement and resources board the names of candidates a mortgage be disclosed, not only at training of senior executives, including the who, in the judgment of the panel, are best application, but also seven days before Senior Executive Service Federal Candidate qualified for such position. closing. If these disclosures are not Development Program; Nothing in subparagraph (A) shall be consid- made or are made inaccurately, then (5) provide oversight of and guidance to ered to apply in the case of any candidate lenders will be subject to statutory agency executive resources boards; who is already a career appointee.’’. damages. In addition to requiring lend- (6) be responsible for the administration of (b) ROLE OF EXECUTIVE RESOURCES ers to disclose the maximum payment the qualifications review board; BOARDS.—Paragraph (1) of section 3393(c) of (7) establish and maintain lists (in a form title 5, United States Code (as so redesig- under the loan, they will now have to that renders them useful to appointing au- nated by subsection (a)), is amended to read provide consumers who apply for ad- thorities and candidates) of— as follows: justable rate or variable payment loans (A) the total number of career reserved po- ‘‘(1) for each career reserved position for with a warning that the payments will sitions at each agency; which a vacancy is posted, review the execu- change, depending on the interest rate.

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.112 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12781 In addition, this bill would require required by subsection (a), the disclosures measure and I am pleased to have their lenders to give firm disclosure regard- provided under this paragraph shall— support. ing the terms of the mortgage not only ‘‘(i) state in conspicuous type size and for- Water resource issues are putting within three days of application for the mat, the following: ‘You are not required to State and local water managers to the complete this agreement merely because you test in all areas of the country. In the loan, but also at least seven days be- have received these disclosures or signed a fore closing. Lenders also will now need loan application.’; and western U.S., these challenges are ex- to include a statement that the con- ‘‘(ii) be furnished to the borrower not later acerbated due to drought, population sumer is not obligated on the mortgage than 7 business days before the date of con- increases, environmental needs, and loan just because they have received summation of the transaction, and at the climate change, all of which are affect- the disclosures. This will give con- time of consummation of the transaction, ing the sustainability of water sup- sumers the opportunity to truly shop subject to subparagraph (D). plies. Much needs to be done to ensure around for the best mortgage terms for ‘‘(C) In the case of an extension of credit that sufficient quantities of water of that is secured by the dwelling of a con- adequate quality are available to meet the first time ever. They will be able to sumer, under which the annual rate of inter- compare the payments and costs asso- est is variable, or with respect to which the the basic needs of our citizens, as well ciated with a certain loan product, and regular payments may otherwise be variable, as sustaining important economic and decide not to sign on the dotted line if in addition to the other disclosures required environmental uses. they do not like the basic terms of the by subsection (a), the disclosures provided As the intense competition for lim- loan. under this paragraph shall— ited water supplies increases, more re- Finally, the bill clarifies that lenders ‘‘(i) label the payment schedule as follows: fined water management strategies are are subject to statutory damages for ‘Payment Schedule: Payments Will Vary necessary. One way to improve in this Based on Interest Rate Changes’; and violations of Truth in Lending disclo- area is to improve the nationwide data ‘‘(ii) state the maximum amount of the collection and monitoring activities sure provisions, increases the damages regular required payments on the loan, based for mortgage violations from $2,000 to on the maximum interest rate allowed, in- associated with water. The SECURE $5,000 per violation, and requires that troduced with the following language in con- Water Act will do this by requiring an mortgage disclosures be made within spicuous type size and format: ‘Your pay- expansion of the National Streamflow the stated time frames. ment can go as high as ølll¿’, the blank to Information Program and the develop- The increasing rate of foreclosures be filled in with the maximum possible pay- ment of a systematic groundwater across the country is troubling. Not ment amount. monitoring program. The bill also di- only are individual families losing ‘‘(D) In any case in which the disclosure rects the U.S. Geological Survey to for- statement provided 7 business days before mally establish a water use and avail- their homes and their financial nest the date of consummation of the transaction eggs, but there is a negative ripple ef- contains an annual percentage rate of inter- ability assessment program consistent fect across communities and the econ- est that is no longer accurate, as determined with recommendations made by the omy. Although improved TILA disclo- under section 107(c), the creditor shall fur- National Research Council. Better data sures are only a small part of what nish an additional, corrected statement to will lead to better modeling and im- Congress needs to do in the upcoming the borrower, not later than 3 business days proved decisionmaking by State, local, year, I believe that giving consumers before the date of consummation of the and Federal water managers. the information they need regarding transaction.’’. Another area needing more attention the maximum payments they might SEC. 3. CIVIL LIABILITY. concerns the impacts of global climate have to pay under the terms of a loan Section 130(a) of the Truth in Lending Act change on water resources. Already (15 U.S.C. 1640(a)) is amended— is an important and vital part of im- well-documented is the fact that in- (1) in paragraph (2)(A)(iii), by striking ‘‘not creasing temperatures are resulting in proving the process. Borrowers need to less than $200 or greater than $2,000’’ and in- better understand the full financial im- serting ‘‘$5,000, such amount to be adjusted less snowpack and more rain in many pact of entering into a particular loan annually based on the consumer price index, regions, and changing the timing of early in the loan decision process, and to maintain current value’’; and snow-melt runoff. Moreover, at a re- also before they actually consummate (2) in the penultimate sentence of the un- cent hearing on climate change and the loan. I hope my colleagues will join designated matter following paragraph (4)— water held by the Energy and Natural me in supporting this bill and other ef- (A) by striking ‘‘only for’’ and inserting Resources Committee, the USGS indi- ‘‘for’’; forts to help improve the mortgage fi- cated that current climate models are (B) by striking ‘‘section 125 or’’ and insert- also projecting a long-term drying nancing process. ing ‘‘section 122, section 125,’’; Mr. President, I ask unanimous con- (C) by inserting ‘‘or section 128(b),’’after trend in the Southwest—the fastest sent that the text of the bill be printed ‘‘128(a),’’; and growing region in the country. Fully in the RECORD. (D) by inserting ‘‘or section 128(b)’’ before understanding and adapting to these There being no objection, the text of the period. long-term impacts is imperative to the the bill was ordered to be printed in health and well-being of many commu- the RECORD, as follows: Mr. BINGAMAN (for himself, Mr. nities. The SECURE Water Act directs DOMENICI, Ms. CANTWELL, and S. 2153 the Secretary of the Interior to estab- Mr. JOHNSON): Be it enacted by the Senate and House of Rep- lish an Intra-Governmental Panel to resentatives of the United States of America in S. 2156. A bill to authorize and facili- help make the link between the sci- Congress assembled, tate the improvement of water man- entific community and water managers SECTION 1. SHORT TITLE. agement by the Bureau of Reclama- to improve water availability forecasts This Act may be cited as the ‘‘Mortgage tion, to require the Secretary of the In- and to implement adaptation strate- Disclosure Improvement Act of 2007’’. terior and the Secretary of Energy to gies. The bill also requires the Bureau SEC. 2. ENHANCED MORTGAGE LOAN DISCLO- increase the acquisition and analysis of of Reclamation to initiate a climate SURES. water resources for irrigation, hydro- change adaptation program to develop Section 128(b)(2) of the Truth in Lending electric power, municipal, and environ- strategies and conduct feasibility stud- Act (15 U.S.C. 1638(b)(2)) is amended— mental uses, and for other purposes; to (1) by inserting ‘‘(A)’’ before ‘‘In the’’; ies to address water shortages, con- (2) by striking ‘‘a residential mortgage the Committee on Energy and Natural flicts, and other impacts to water users transaction, as defined in section 103(w)’’ and Resources. and the environment. In addition, both inserting ‘‘any extension of credit that is se- Mr. BINGAMAN. Mr. President, Reclamation and the Department of cured by the dwelling of a consumer’’; today I am introducing a bill entitled Energy are directed to assess the ef- (3) by striking ‘‘shall be made in accord- the SECURE Water Act, Science and fects of climate change on the water ance’’ and all that follows through ‘‘ex- Engineering to Comprehensively Un- supplies needed for hydropower produc- tended, or’’; derstand and Responsibly Enhance tion, which represents the source of at (4) by striking ‘‘If the’’ and all that follows Water Act to address some of the seri- through the end of the paragraph and insert- least 7 percent of the Nation’s elec- ing the following: ous water-related challenges facing tricity supply. ‘‘(B) In the case of an extension of credit this country. My colleagues Senator Finally, the SECURE Water Act rec- that is secured by the dwelling of a con- DOMENICI, Senator CANTWELL, and Sen- ognizes that promoting the efficient sumer, in addition to the other disclosures ator JOHNSON are cosponsoring this use of water is critical to respond to

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.104 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12782 CONGRESSIONAL RECORD — SENATE October 4, 2007 any of the threats that may impact water resources of the United States, the of the 352 river basin hydrologic accounting available supplies. Accordingly, the Federal Government should support the units used by the United States Geological Bureau of Reclamation is authorized to States, as well as regional, local, and tribal Survey. governments, by carrying out— (10) INDIAN TRIBE.—The term ‘‘Indian provide financial assistance to States, (A) nationwide data collection and moni- tribe’’ has the meaning given the term in tribes, and local entities to construct toring activities; section 4 of the Indian Self-Determination improvements or take actions to in- (B) relevant research; and and Education Assistance Act (25 U.S.C. crease water-use efficiencies that re- (C) activities to increase the efficiency of 450b). spond to drought, climate change, or the use of water in the United States; (11) MAJOR AQUIFER SYSTEM.—The term other water-related crises. (5) Federal agencies that conduct water ‘‘major aquifer system’’ means a ground- Of course, States bear the primary management and related activities have a water system that is— responsibility and authority for man- responsibility— (A) identified as a significant groundwater (A) to take a lead role in assessing risks to system by the Director; and aging water resources in this country. the water resources of the United States (in- (B) included in the Groundwater Atlas of Nonetheless, given the reality that cluding risks posed by global climate the United States, published by the United adequate and safe water supplies are change); and States Geological Survey. fundamental to the health, economy, (B) to develop strategies— (12) MAJOR RECLAMATION RIVER BASIN.— and ecology of the United States, it is (i) to mitigate the potential impacts of (A) IN GENERAL.—The term ‘‘major rec- imperative that the Federal govern- each risk described in subparagraph (A); and lamation river basin’’ means each major ment be a strong partner in assisting (ii) to help ensure that the long-term water river system (including tributaries)— resources management of the United States (i) that is located in a service area of the State and local communities to address is sustainable and will ensure sustainable Bureau of Reclamation; and present and future water supply chal- quantities of water; (ii) at which is located a federally author- lenges. The SECURE Water Act was de- (6) it is critical to continue and expand re- ized project of the Bureau of Reclamation. veloped with this strong partnership in search and monitoring efforts— (B) INCLUSIONS.—The term ‘‘major rec- mind. I look forward to starting the (A) to improve the understanding of the lamation river basin’’ includes— dialogue on this important legislation variability of the water cycle; and (i) the Colorado River; and hope that my colleagues will ulti- (B) to provide basic information nec- (ii) the Columbia River; essary— (iii) the Klamath River; mately support its enactment. (i) to manage and efficiently use the water (iv) the Missouri River; Thank you for the opportunity to resources of the United States; and (v) the Rio Grande; make these remarks. I ask unanimous (ii) to identify new supplies of water that (vi) the Sacramento River; consent that the text of the bill be are capable of being reclaimed; and (vii) the San Joaquin River; and printed in the RECORD. (7) the study of water use is vital— (viii) the Truckee River. There being no objection, the text of (A) to the understanding of the impacts of (13) NON-FEDERAL PARTICIPANT.—The term the bill was ordered to be printed in human activity on water and ecological re- ‘‘non-Federal participant’’ means— the RECORD, as follows: sources; and (A) a State, regional, or local authority; (B) to the assessment of whether available (B) an Indian tribe or tribal organization; S. 2156 surface and groundwater supplies will be or Be it enacted by the Senate and House of Rep- available to meet the future needs of the (C) any other qualifying entity, such as a resentatives of the United States of America in United States. water conservation district, water conser- Congress assembled, SEC. 3. DEFINITIONS. vancy district, or rural water district or as- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. In this Act: sociation, or a nongovernmental organiza- (a) SHORT TITLE.—This Act may be cited as (1) ADMINISTRATOR.—The term ‘‘Adminis- tion. the ‘‘Science and Engineering to Comprehen- trator’’ means the Administrator of the Na- (14) PANEL.—The term ‘‘panel’’ means the sively Understand and Responsibly Enhance tional Oceanic and Atmospheric Administra- climate change and water intragovernmental Water Act’’ or the ‘‘SECURE Water Act’’. tion. panel established by the Secretary under sec- (b) TABLE OF CONTENTS.—The table of con- (2) ADVISORY COMMITTEE.—The term ‘‘Advi- tion 7(a). tents of this Act is as follows: sory Committee’’ means the National Advi- (15) PROGRAM.—The term ‘‘program’’ Sec. 1. Short title; table of contents. sory Committee on Water Information estab- means the regional integrated sciences and Sec. 2. Findings. lished— assessments program— Sec. 3. Definitions. (A) under the Office of Management and (A) established by the Administrator; and Sec. 4. Climate change adaptation program. Budget Circular 92–01; and (B) that is comprised of 8 regional pro- Sec. 5. Water management improvement. (B) to coordinate water data collection ac- grams that use advances in integrated cli- Sec. 6. Hydroelectric power assessment. tivities. mate sciences to assist decisionmaking proc- Sec. 7. Climate change and water (3) ASSESSMENT PROGRAM.—The term ‘‘as- esses. intragovernmental panel. sessment program’’ means the water avail- (16) SECRETARY.— Sec. 8. Water data enhancement by United ability and use assessment program estab- (A) IN GENERAL.—Except as provided in States Geological Survey. lished by the Secretary under section 9(a). subparagraph (B), the term ‘‘Secretary’’ Sec. 9. Water use and availability assess- (4) CLIMATE DIVISION.—The term ‘‘climate means the Secretary of the Interior. ment program. division’’ means 1 of the 359 divisions in the (B) EXCEPTIONS.—The term ‘‘Secretary’’ Sec. 10. Effect. United States that represents 2 or more re- means— SEC. 2. FINDINGS. gions located within a State that are as cli- (i) in the case of section 4, the Secretary of Congress finds that— matically homogeneous as possible, as deter- the Interior (acting through the Commis- (1) adequate and safe supplies of water are mined by the Administrator. sioner); and fundamental to the health, economy, secu- (5) COMMISSIONER.—The term ‘‘Commis- (ii) in the case of sections 8 and 9, the Sec- rity, and ecology of the United States; sioner’’ means the Commissioner of Rec- retary of the Interior (acting through the Di- (2) systematic data-gathering with respect lamation. rector). to, and research and development of, the (6) DIRECTOR.—The term ‘‘Director’’ means (17) SERVICE AREA.—The term ‘‘service water resources of the United States will the Director of the United States Geological area’’ means any area that encompasses a help ensure the continued existence of suffi- Survey. watershed that contains a federally author- cient quantities of water to support— (7) ELIGIBLE APPLICANT.—The term ‘‘eligi- ized reclamation project that is located in (A) increasing populations; ble applicant’’ means any State, Indian any State or area described in the first sec- (B) economic growth; tribe, irrigation district, water district, or tion of the Act of June 17, 1902 (43 U.S.C. 391). (C) irrigated agriculture; other organization with water delivery au- SEC. 4. CLIMATE CHANGE ADAPTATION PRO- (D) energy production; and thority. GRAM. (E) the protection of aquatic ecosystems; (8) FEDERAL POWER MARKETING ADMINISTRA- (a) IN GENERAL.—The Secretary shall es- (3) global climate change poses a signifi- TION.—The term ‘‘Federal Power Marketing tablish a climate change adaptation pro- cant challenge to the protection and use of Administration’’ means— gram— the water resources of the United States due (A) the Bonneville Power Administration; (1) to assess each effect of, and risk result- to an increased uncertainty with respect to (B) the Southeastern Power Administra- ing from, global climate change with respect the timing, form, and geographical distribu- tion; to the quantity of water resources located in tion of precipitation, which may have a sub- (C) the Southwestern Power Administra- a service area; and stantial effect on the supplies of water for tion; and (2) to ensure, to the maximum extent pos- agricultural, hydroelectric power, industrial, (D) the Western Area Power Administra- sible, that strategies are developed to ad- domestic supply, and environmental needs; tion. dress potential water shortages, conflicts, (4) although States bear the primary re- (9) HYDROLOGIC ACCOUNTING UNIT.—The and other impacts to water users located at, sponsibility and authority for managing the term ‘‘hydrologic accounting unit’’ means 1 and the environment of, each service area.

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(b) REQUIRED ELEMENTS.—In carrying out (C) the Secretary of Agriculture (acting shall not provide a grant to, or enter into a the program described in subsection (a), the through the Chief of the Natural Resources cooperative agreement with, an eligible ap- Secretary shall— Conservation Service); or plicant to provide financial assistance for an (1) consult with the United States Geologi- (D) any appropriate State water resource improvement to conserve water with respect cal Survey, the National Oceanic and Atmos- agency; and to an agricultural operation unless the Sec- pheric Administration, the program, and (5) the implementation by the Secretary of retary first determines that the improve- each appropriate State water resource agen- the monitoring plan developed under sub- ment will result in a net savings in ground- cy, to ensure that the Secretary has access section (b)(5). water or surface water resources in the agri- to the best available scientific information (d) FEASIBILITY STUDIES.— cultural operation of the eligible applicant. with respect to presently observed and pro- (1) AUTHORITY OF SECRETARY.—The Sec- (C) NONREIMBURSABLE FUNDS.—Any funds jected future impacts of global climate retary, in cooperation with any non-Federal provided by the Secretary to an eligible ap- change on water resources; participant, may conduct 1 or more studies plicant through a grant or cooperative agree- (2) assess specific risks to the water supply to determine the feasibility of implementing ment under paragraph (1) shall be non- of each major reclamation river basin, in- each mitigation and adaptation strategy de- reimbursable. cluding any risk relating to— scribed in subsection (c)(3), including the (D) TITLE TO IMPROVEMENTS.—If an infra- (A) a change in snowpack; construction of any water supply, water structure improvement to a facility under (B) the timing of runoff; and management, environmental, or habitat en- the jurisdiction of a Federal agency is the (C) any increase in— hancement water infrastructure that the subject of a grant or a cooperative agree- (i) the demand for water as a result of in- Secretary determines to be necessary to ad- ment entered into between the Secretary and creasing temperatures; and dress the effects of global climate change on an eligible applicant under paragraph (1), the (ii) the rate of reservoir evaporation; water resources located in each major rec- Federal Government shall hold title to the (3) with respect to each major reclamation lamation river basin. improvement of the facility. river basin, analyze the extent to which (2) COST SHARING.— (E) COST SHARING.— changes in the water supply of the United (A) FEDERAL SHARE.— (i) FEDERAL SHARE.—The Federal share of States will impact— (i) IN GENERAL.—Except as provided in the cost of any infrastructure improvement (A) the ability of the Secretary to deliver clause (ii), the Federal share of the cost of a or activity that is the subject of a grant or water to the contractors of the Secretary; study described in paragraph (1) shall not ex- a cooperative agreement entered into be- (B) hydroelectric power generation facili- ceed 50 percent of the cost of the study. tween the Secretary and an eligible appli- ties; (ii) EXCEPTION RELATING TO FINANCIAL cant under paragraph (1) shall not exceed 50 (C) recreation at reclamation facilities; HARDSHIP.—The Secretary may increase the percent of the cost of the infrastructure im- (D) fish and wildlife habitat; Federal share of the cost of a study described provement or activity. (E) applicable species listed as an endan- in paragraph (1) to exceed 50 percent of the (ii) CALCULATION OF NON-FEDERAL SHARE.— gered, threatened, or candidate species under cost of the study if the Secretary determines In calculating the non-Federal share of the the Endangered Species Act of 1973 (16 U.S.C. that, due to a financial hardship, the non- cost of an infrastructure improvement or ac- 1531 et seq.); and Federal participant of the study is unable to tivity proposed by an eligible applicant (F) water quality issues (including salinity contribute an amount equal to 50 percent of through an application submitted by the eli- levels of each major reclamation river gible applicant under paragraph (2), the Sec- the cost of the study. basin); retary shall— (B) NON-FEDERAL SHARE.—The non-Federal (4) in consultation with appropriate non- (I) consider the value of any in-kind serv- share of the cost of a study described in Federal participants, consider and develop ices that substantially contributes toward paragraph (1) may be provided in the form of appropriate strategies to mitigate each im- the completion of the improvement or activ- any in-kind services that substantially con- pact of water supply changes analyzed by the ity, as determined by the Secretary; and tribute toward the completion of the study, Secretary under paragraph (3), including (II) not consider any other amount that as determined by the Secretary. strategies relating to— the eligible applicant receives from a Fed- (e) AUTHORIZATION OF APPROPRIATIONS.— (A) the modification of any reservoir stor- eral agency. There are authorized to be appropriated such age or operating guideline in existence as of (iii) MAXIMUM AMOUNT.—The amount pro- sums as are necessary to carry out this sec- the date of enactment of this Act; vided to an eligible applicant through a tion for each of fiscal years 2008 through 2022, (B) the development of new water manage- grant or cooperative agreement under para- to remain available until expended. ment, operating, or habitat restoration graph (1) shall be not more than $5,000,000. plans; SEC. 5. WATER MANAGEMENT IMPROVEMENT. (iv) OPERATION AND MAINTENANCE COSTS.— (C) water conservation; (a) AUTHORIZATION OF GRANTS AND COOPER- The non-Federal share of the cost of oper- (D) improved hydrologic models and other ATIVE AGREEMENTS.— ating and maintaining any infrastructure decision support systems; and (1) AUTHORITY OF SECRETARY.—The Sec- improvement that is the subject of a grant (E) groundwater and surface water storage retary may provide any grant to, or enter or a cooperative agreement entered into be- needs; and into any cooperative agreement with, any el- tween the Secretary and an eligible appli- (5) in consultation with the Director, the igible applicant to assist the eligible appli- cant under paragraph (1) shall be 100 percent. Administrator, the Secretary of Agriculture cant in planning, designing, or constructing (F) LIABILITY.— (acting through the Chief of the Natural Re- any improvement— (i) IN GENERAL.—Except as provided in sources Conservation Service), and applica- (A) to conserve water; clause (ii), the United States shall not be lia- ble State water resource agencies, develop a (B) to increase water use efficiency; ble for monetary damages of any kind for monitoring plan to acquire and maintain (C) to facilitate water markets; any injury arising out of an act, omission, or water resources data— (D) to enhance water management; or occurrence that arises in relation to any fa- (A) to strengthen the understanding of (E) to carry out any other activity— cility created or improved under this sec- water supply trends; and (i) to address any climate-related impact tion, the title of which is not held by the (B) to assist in each assessment and anal- to the water supply of the United States; or United States. ysis conducted by the Secretary under para- (ii) to prevent any water-related crisis or (ii) EXCEPTION.—Clause (i) shall not apply graphs (2) and (3). conflict at any watershed that has a nexus to to liability for monetary damages resulting (c) REPORTING.—Not later than 1 year after a Federal reclamation project located in a from an injury caused by any act of neg- the date of enactment of this Act, and every service area. ligence committed by the United States (or 5 years thereafter, the Secretary shall sub- (2) APPLICATION.—To be eligible to receive by any officer, employee, or agent of the mit to the appropriate committees of Con- a grant, or enter into a cooperative agree- United States) that arises in relation to any gress a report that describes— ment with the Secretary under paragraph facility created or improved under this sec- (1) each effect of, and risk resulting from, (1), an eligible applicant shall submit to the tion, the title of which is not held by the global climate change with respect to the Secretary an application that includes a pro- United States. quantity of water resources located in each posal of the improvement to be planned, de- (iii) TORT CLAIMS ACT.—Nothing in this sec- major reclamation river basin; signed, constructed, or implemented by the tion increases the liability of the United (2) the impact of global climate change eligible applicant. States beyond that provided in chapter 171 of with respect to the operations of the Sec- (3) REQUIREMENTS OF GRANTS AND COOPERA- title 28, United States Code. retary in each major reclamation river TIVE AGREEMENTS.— (b) RESEARCH AGREEMENTS.— basin; (A) COMPLIANCE WITH REQUIREMENTS.—Each (1) AUTHORITY OF SECRETARY.—The Sec- (3) each mitigation and adaptation strat- grant and cooperative agreement entered retary may enter into 1 or more cooperative egy considered and implemented by the Sec- into by the Secretary with any eligible appli- agreements with any university, nonprofit retary to address each effect of global cli- cant under paragraph (1) shall be in compli- research institution, or organization with mate change described in paragraph (1); ance with each requirement described in sub- water or power delivery authority to fund (4) each coordination activity conducted by paragraphs (B) through (F). any research activity that is designed— the Secretary with— (B) CERTAIN IMPROVEMENTS OR ACTIVITIES (A) to conserve water resources; (A) the Director; RELATING TO AGRICULTURAL OPERATIONS.—In (B) to increase the efficiency of the use of (B) the Administrator; carrying out paragraph (1), the Secretary water resources; or

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.106 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12784 CONGRESSIONAL RECORD — SENATE October 4, 2007 (C) to enhance the management of water rying out this section shall be nonreimburs- (8) to consider the need for, and the devel- resources. able. opment of, mechanisms to effectively com- (2) TERMS AND CONDITIONS OF SECRETARY.— (e) AUTHORIZATION OF APPROPRIATIONS.— bine global climate models, regional climate A cooperative agreement entered into be- There are authorized to be appropriated such models, and hydrologic models to produce tween the Secretary and any university, in- sums as are necessary to carry out this sec- water resource information to assist water stitution, or organization described in para- tion for each of fiscal years 2008 through 2022, managers at the Federal, State, and local graph (1) shall be subject to such terms and to remain available until expended. levels in the development of adaptation conditions as the Secretary determines to be SEC. 7. CLIMATE CHANGE AND WATER strategies that can be incorporated into appropriate. INTRAGOVERNMENTAL PANEL. long-term water management decisions. (c) MUTUAL BENEFIT.—Grants or coopera- (a) ESTABLISHMENT.—The Secretary shall (d) REPORT.—Not later than 1 year after tive agreements made under this section establish and lead a climate change and the date of enactment of this Act, the Sec- may be for the mutual benefit of the United water intragovernmental panel— retary shall submit to the appropriate com- States and the entity that is provided the (1) to review the current scientific under- mittees of Congress a report that describes grant or enters into the cooperative agree- standing of each impact of global climate the review conducted, and the strategy de- ment. change on the water resources of the United veloped, by the panel under subsection (a). States; and (d) RELATIONSHIP TO PROJECT-SPECIFIC AU- (e) DEMONSTRATION, RESEARCH, AND METH- (2) to develop any strategy that the panel THORITY.—This section shall not supersede ODOLOGY DEVELOPMENT PROJECTS.— determines to be necessary to improve obser- any existing project-specific funding author- (1) AUTHORITY OF SECRETARY.—The Sec- ity. vational capabilities and expand data acqui- retary, in consultation with the panel and sition to increase the reliability and accu- (e) AUTHORIZATION OF APPROPRIATIONS.— the Advisory Committee, may provide grants There is authorized to be appropriated to racy of modeling and prediction systems to to, or enter into any contract, cooperative carry out this section $100,000,000, to remain benefit water managers at the Federal, agreement, interagency agreement, or other available until expended. State, and local levels. transaction with, an appropriate entity to (b) MEMBERSHIP.—The panel shall be com- carry out any demonstration, research, or SEC. 6. HYDROELECTRIC POWER ASSESSMENT. prised of— methodology development project that the (a) DUTY OF SECRETARY OF ENERGY.—The (1) the Secretary; Secretary determines to be necessary to as- Secretary of Energy, in consultation with (2) the Director; sist in the implementation of the strategy the Administrator of each Federal Power (3) the Administrator; developed by the panel under subsection Marketing Administration, shall assess each (4) the Secretary of Agriculture (acting (a)(2). effect of, and risk resulting from, global cli- through the Chief of the Natural Resources (2) REQUIREMENTS.— mate change with respect to water supplies Conservation Service); (A) MAXIMUM AMOUNT OF FEDERAL SHARE.— that are required for the generation of hy- (5) the Commissioner; and The Federal share of the cost of any dem- droelectric power at each Federal water (6) the Chief of Engineers. project that is applicable to a Federal Power (c) REVIEW ELEMENTS.—In conducting the onstration, research, or methodology devel- Marketing Administration. review and developing the strategy under opment project that is the subject of any (b) ACCESS TO APPROPRIATE DATA.— subsection (a), the panel shall consult with grant, contract, cooperative agreement, (1) IN GENERAL.—In carrying out each as- State water resource agencies, the Advisory interagency agreement, or other transaction sessment under subsection (a), the Secretary Committee, and relevant water user, envi- entered into between the Secretary and an of Energy shall consult with the United ronmental, and other nongovernmental orga- appropriate entity under paragraph (1) shall States Geological Survey, the National Oce- nizations— not exceed $1,000,000. anic and Atmospheric Administration, the (1) to assess the extent to which the con- (B) REPORT.—An appropriate entity that program, and each appropriate State water duct of measures of streamflow, groundwater receives funds from a grant, contract, coop- resource agency, to ensure that the Sec- levels, soil moisture, evapotranspiration erative agreement, interagency agreement, retary of Energy has access to the best avail- rates, evaporation rates, snowpack levels, or other transaction entered into between able scientific information with respect to precipitation amounts, and glacier mass is the Secretary and the appropriate entity presently observed impacts and projected fu- necessary to improve the understanding of under paragraph (1) shall submit to the Sec- ture impacts of global climate change on the Federal Government and the States with retary a report describing the results of the water supplies that are used to produce hy- respect to each impact of global climate demonstration, research, or methodology de- droelectric power. change on water resources; velopment project conducted by the appro- (2) ACCESS TO DATA FOR CERTAIN ASSESS- (2) to identify data gaps in current water priate entity. MENTS.—In carrying out each assessment monitoring networks that must be addressed (f) AUTHORIZATION OF APPROPRIATIONS.— under subsection (a), with respect to the to improve the capability of the Federal (1) IN GENERAL.—There is authorized to be Bonneville Power Administration and the Government and the States to measure, ana- appropriated to carry out subsections (a) Western Area Power Administration, the lyze, and predict changes to water resources through (d) $2,000,000 for each of fiscal years Secretary of Energy shall consult with the that are directly or indirectly affected by 2008 and 2009, to remain available until ex- Commissioner to access data and other infor- global climate change; pended. mation that— (3) to establish data management and com- (2) DEMONSTRATION, RESEARCH, AND METH- (A) is collected by the Commissioner; and munication protocols and standards to in- ODOLOGY DEVELOPMENT PROJECTS.—There is (B) the Secretary of Energy determines to crease the quality and efficiency by which authorized to be appropriated to carry out be necessary for the conduct of the assess- each Federal agency acquires and reports subsection (e) $10,000,000 for the period of fis- ment. relevant data; cal years 2008 through 2012, to remain avail- (c) REPORT.—Not later than 2 years after (4) to consider options for the establish- able until expended. the date of enactment of this Act, and every ment of a data portal to enhance access to SEC. 8. WATER DATA ENHANCEMENT BY UNITED 5 years thereafter, the Secretary of Energy water resource data— STATES GEOLOGICAL SURVEY. shall submit to the appropriate committees (A) relating to each nationally significant (a) NATIONAL STREAMFLOW INFORMATION of Congress a report that describes— watershed and aquifer located in the United PROGRAM.— (1) each effect of, and risk resulting from, States; and (1) IN GENERAL.—The Secretary shall con- global climate change with respect to— (B) that is collected by each Federal agen- duct a review of the national streamflow in- (A) water supplies used for hydroelectric cy and any other public or private entity for formation program, including a review of— power generation; and each nationally significant watershed and (A) each Federal objective with respect to (B) power supplies marketed by each Fed- aquifer located in the United States; the establishment of a national eral Power Marketing Administration, pur- (5) to expand, and integrate each initiative streamgaging network; and suant to— of the panel with, to the maximum extent (B) each geographic information-based (i) long-term power contracts; possible, any interagency initiative in exist- method that the Secretary used to select (ii) contingent capacity contracts; and ence as of the date of enactment of this Act, sites to achieve each objective reviewed (iii) short-term sales; and including— under subparagraph (A). (2) each recommendation of the Adminis- (A) the national integrated drought infor- (2) REQUIREMENTS.—In conducting the na- trator of each Federal Power Marketing Ad- mation system of the National Oceanic and tional streamflow information program, the ministration relating to any change in any Atmospheric Administration; and Secretary shall— operation or contracting practice of each (B) the advanced hydrologic prediction (A) measure streamflow and related envi- Federal Power Marketing Administration to service of the National Weather Service; ronmental variables in nationally significant address each effect and risk described in (6) to facilitate the development of hydro- watersheds— paragraph (1), including the use of purchased logic models to integrate data that reflects (i) in a reliable and continuous manner; power to meet long-term commitments of groundwater and surface water interactions; and each Federal Power Marketing Administra- (7) to apply the hydrologic models devel- (ii) to develop a comprehensive source of tion. oped under paragraph (6) to water resource information on which public and private de- (d) COSTS NONREIMBURSABLE.—Any costs management problems identified by the cisions relating to the management of water incurred by the Secretary of Energy in car- panel; and resources may be based;

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.106 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12785 (B) provide for a better understanding of (i) assess the current scope of groundwater with respect to each brackish aquifer de- hydrologic extremes (including floods and monitoring based on the access availability scribed in subparagraph (A)(i) (including the droughts) through the conduct of intensive and capability of each monitoring well in ex- known level of total dissolved solids in each data collection activities during and fol- istence as of the date of enactment of this brackish aquifer). lowing hydrologic extremes; Act; and (3) AUTHORIZATION OF APPROPRIATIONS.— (C) establish a base network that provides (ii) develop and carry out a monitoring There is authorized to be appropriated to resources that are necessary for— plan that maximizes coverage for each major carry out this subsection $3,000,000 for the (i) the monitoring of long-term changes in aquifer system that is located in the United period of fiscal years 2008 through 2009, to re- streamflow; and States; and main available until expended. (ii) the conduct of assessments to deter- (C) prior to initiating any specific moni- (d) IMPROVED WATER ESTIMATION, MEAS- mine the extent to which each long-term toring activities within a State after the UREMENT, AND MONITORING TECHNOLOGIES.— change monitored under clause (i) is related date of enactment of this Act, consult and (1) AUTHORITY OF SECRETARY.—The Sec- to global climate change; coordinate with the applicable State water retary may provide grants to appropriate en- (D) integrate the national streamflow in- resource agency with jurisdiction over the tities with expertise in water resource data formation program with data collection ac- aquifer that is the subject of the monitoring acquisition and reporting— tivities of Federal agencies and appropriate activities, and comply with all applicable (A) to investigate, develop, and implement State water resource agencies (including the laws (including regulations) of the State. new methodologies and technologies to esti- national drought information system)— (3) PROGRAM OBJECTIVES.—In carrying out mate or measure water resources data in a (i) to enhance the comprehensive under- the monitoring program described in para- cost-efficient manner; and standing of water availability; graph (1), the Secretary shall— (B) to improve methodologies relating to (ii) to identify any data gap with respect to (A) provide data that is necessary for the the analysis and delivery of data. water resources; and improvement of understanding with respect (2) PRIORITY.—In providing grants to ap- (iii) to improve hydrologic forecasting; and to surface water and groundwater inter- propriate entities under paragraph (1), the (E) incorporate principles of adaptive man- actions; Secretary shall give priority to appropriate agement in the conduct of periodic reviews (B) by expanding the network of moni- entities that propose the development of new of information collected under the national toring wells to reach each climate division, methods and technologies for— streamflow information program to assess support the groundwater climate response (A) predicting and measuring streamflows; whether the objectives of the national network to improve the understanding of the (B) estimating changes in the storage of streamflow information program are being effects of global climate change on ground- groundwater; adequately addressed. water recharge and availability; and (C) improving data standards and methods (3) IMPROVED METHODOLOGIES.—The Sec- (C) support the objectives of the assess- of analysis (including the validation of data retary shall— ment program. entered into geographic information system (A) improve methodologies relating to the (4) IMPROVED METHODOLOGIES.—The Sec- databases); analysis and delivery of data; and retary shall— (D) measuring precipitation and potential (B) investigate, develop, and implement (A) improve methodologies relating to the evapotranspiration; new methodologies and technologies to esti- analysis and delivery of data; and (E) developing descriptive and predictive mate or measure streamflow in a more cost- (B) investigate, develop, and implement models that take into account groundwater efficient manner. new methodologies and technologies to esti- and surface water; and (4) MEASUREMENT GOAL.— mate or measure groundwater recharge, dis- (F) water withdrawals, return flows, and (A) IN GENERAL.—Not later than 10 years charge, and storage in a more cost-efficient consumptive use. after the date of enactment of this Act, in manner. (3) COST SHARING.— accordance with subparagraph (B), the Sec- (5) FEDERAL SHARE.—The Federal share of (A) FEDERAL SHARE.—The Federal share of retary shall increase the number of sites the monitoring program described in para- the cost of the development of any new measured under the national streamflow in- graph (1) may be 100 percent of the cost of method or technology that is the subject of formation program to a quantity of not less carrying out the monitoring program. a grant under this subsection shall not ex- than 4,700 sites. (6) PRIORITY.—In selecting monitoring ac- ceed the lesser of— (B) REQUIREMENTS OF SITES.—Each site de- tivities consistent with the monitoring pro- (i) 50 percent of the cost of the develop- scribed in subparagraph (A) shall be— gram described in paragraph (1), the Sec- ment of the new method or technology; or (i) located in a nationally significant wa- retary shall give priority to those activities (ii) $500,000. tershed, as determined by the Secretary; and for which a State or local governmental enti- (B) NON-FEDERAL SHARE.—The non-Federal (ii) measured by a streamgage or any other ty agrees to provide for a substantial share share of the cost of the development of any effective means implemented by the Sec- of the cost of establishing or operating a new method or technology that is the sub- retary. monitoring well or other measuring device ject of a grant under this subsection may be (5) FEDERAL SHARE.—The Federal share of to carry out a monitoring activity. provided in the form of any in-kind services the national streamgaging network estab- (7) AUTHORIZATION OF APPROPRIATIONS.— that substantially contribute toward the de- lished pursuant to this subsection shall be There are authorized to be appropriated such velopment of any new method or technology, 100 percent of the cost of carrying out the sums as are necessary to carry out this sub- as determined by the Secretary. national streamgaging network. section for the period of fiscal years 2008 (C) OTHER FEDERAL ASSISTANCE.—Assist- (6) AUTHORIZATION OF APPROPRIATIONS.— through 2022, to remain available until ex- ance under this subsection may be in addi- (A) IN GENERAL.—Except as provided in pended. tion to assistance provided by the Federal subparagraph (B), there are authorized to be (c) BRACKISH GROUNDWATER ASSESSMENT.— Government pursuant to other provisions of appropriated such sums as are necessary to (1) STUDY.—The Secretary, in consultation law. carry out this subsection for the period of with State and local water resource agen- (4) AUTHORIZATION OF APPROPRIATIONS.— fiscal years 2008 through 2022, to remain cies, shall conduct a study of available data There is authorized to be appropriated to available until expended. and other relevant information— carry out this subsection $5,000,000 for each (B) ACHIEVEMENT OF MEASUREMENT GOAL.— (A) to identify significant brackish ground- of fiscal years 2008 through 2018. There is authorized to be appropriated to water resources located in the United States; SEC. 9. WATER USE AND AVAILABILITY ASSESS- carry out paragraph (4) $7,500,000 for each of and MENT PROGRAM. fiscal years 2008 through 2018, to remain (B) to consolidate any available data relat- (a) ESTABLISHMENT.—The Secretary, in co- available until expended. ing to each groundwater resource identified ordination with the Advisory Committee and (b) NATIONAL GROUNDWATER RESOURCES under subparagraph (A). State and local water resource agencies, MONITORING.— (2) REPORT.—Not later than 2 years after shall establish an assessment program to be (1) IN GENERAL.—The Secretary shall de- the date of enactment of this Act, the Sec- known as the ‘‘water availability and use as- velop a systematic groundwater monitoring retary shall submit to the appropriate com- sessment program’’— program for each major aquifer system lo- mittees of Congress a report that includes— (1) to provide a more accurate assessment cated in the United States. (A) a description of each— of the status of the water resources of the (2) PROGRAM ELEMENTS.—In developing the (i) significant brackish aquifer that is lo- United States; monitoring program described in paragraph cated in the United States (including 1 or (2) to assist in the determination of the (1), the Secretary shall— more maps of each significant brackish aqui- quantity of water that is available for bene- (A) establish appropriate criteria for moni- fer that is located in the United States); ficial uses; toring wells to ensure the acquisition of (ii) data gap that is required to be ad- (3) to identify long-term trends in water long-term, high-quality data sets, including, dressed to fully characterize each brackish availability; to the maximum extent possible, the inclu- aquifer described in clause (i); and (4) to use each long-term trend described in sion of real-time instrumentation and re- (iii) current use of brackish groundwater paragraph (3) to provide a more accurate as- porting; that is supplied by each brackish aquifer de- sessment of the change in the availability of (B) in coordination with the Advisory Com- scribed in clause (i); and water in the United States; and mittee and State and local water resource (B) a summary of the information avail- (5) to develop the basis for an improved agencies— able as of the date of enactment of this Act ability to forecast the availability of water

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for future economic, energy production, and (B) will enhance the ability of the officials S. RES. 344 environmental uses. of the State of the State water resource Whereas, on September 4, 2007, police in (b) PROGRAM ELEMENTS.— agency to carry out each water management Germany arrested 3 individuals for planning (1) WATER USE.—In carrying out the assess- and regulatory responsibility of the officials large-scale terrorist attacks against loca- ment program, the Secretary shall conduct of the State in accordance with each applica- tions in Germany, including sites frequented any appropriate activity to carry out an on- ble the law of the State. by United States citizens; going assessment of water use in hydrologic (3) MAXIMUM AMOUNT.—The amount of a Whereas possible targets included accounting units and major aquifer systems grant provided to a State water resource Ramstein Air Base, which serves as head- located in the United States, including— agency under paragraph (1) shall be an quarters for United States Air Forces in Eu- (A) the maintenance of a comprehensive amount not more than $250,000. rope and is also a North Atlantic Treaty Or- national water use inventory to enhance the (d) REPORT.—Not later than January 1, ganization installation, and Frankfurt Air- level of understanding with respect to the ef- 2010, and every 5 years thereafter, the Sec- port, one of the largest airports in Europe; fects of spatial and temporal patterns of retary shall submit to the appropriate com- Whereas, according to German authorities, water use on the availability and sustainable mittees of Congress a report that provides a the 3 suspects belonged to a German cell of use of water resources; detailed assessment of— Islamic Jihad Union, a radical Sunni group (B) the incorporation of water use science (1) the current availability of water re- based in Central Asia with links to Al Qaeda; principles, with an emphasis on applied re- sources in the United States, including— Whereas 300 police and other law enforce- search and statistical estimation techniques (A) historic trends and annual updates of ment officials were involved in the investiga- in the assessment of water use; river basin inflows and outflows; tion and 41 homes across Germany were raid- (C) the integration of any dataset main- (B) surface water storage; ed in a highly successful operation; tained by any other Federal or State agency (C) groundwater reserves; and Whereas United States intelligence agen- into the dataset maintained by the Sec- (D) estimates of undeveloped potential re- cies reportedly provided critical information retary; and sources (including saline water and waste- that alerted their counterparts in Germany (D) a focus on the scientific integration of water); as to the travels of the suspects between any data relating to water use, water flow, (2) significant trends affecting water avail- Germany and Pakistan and the suspects’ af- or water quality to generate relevant infor- ability, including each documented or pro- filiation with the Islamic Jihad Union; mation relating to the impact of human ac- jected impact to the availability of water as Whereas German authorities acted swiftly tivity on water and ecological resources. a result of global climate change; and decisively to prevent an attack that (2) WATER AVAILABILITY.—In carrying out (3) the withdrawal and use of surface water could have come within days of the arrests; the assessment program, the Secretary shall and groundwater by various sectors, includ- Whereas the successful collaborative ac- conduct an ongoing assessment of water ing— tion by United States and German authori- availability by— (A) the agricultural sector; ties prevented the possible deaths of many (A) developing and evaluating nationally (B) municipalities; innocent people; consistent indicators that reflect each status (C) the industrial sector; Whereas Germany and the United States and trend relating to the availability of (D) thermoelectric power generators; and have been close allies in the fight against water resources in the United States, includ- (E) hydroelectric power generators; terrorism; ing— (4) significant trends relating to each Whereas the law enforcement, intelligence, (i) surface water indicators, such as water use sector, including significant diplomatic, and military organizations in streamflow and surface water storage meas- changes in water use due to the development Germany and the United States continue to ures (including lakes, reservoirs, perennial of new energy supplies; work together to combat the terrorist threat snowfields, and glaciers); (5) significant water use conflicts or short- and prevent future attacks; and (ii) groundwater indicators, including ages that have occurred, or are likely to Whereas victory in the fight against ter- groundwater level measurements and occur; and rorism is critical to preserve the liberty and changes in groundwater levels due to— (6) each factor that has caused, or will ensure the safety of all people: Now, there- (I) natural recharge; likely cause, a conflict or shortage described fore, be it (II) withdrawals; in paragraph (5). Resolved, That the Senate— (III) saltwater intrusion; (e) AUTHORIZATION OF APPROPRIATIONS.— (1) commends the efforts of law enforce- (IV) mine dewatering; (1) IN GENERAL.—There is authorized to be ment authorities in Germany in preventing a (V) land drainage; appropriated to carry out subsections (a), large-scale terrorist attack on numerous tar- (VI) artificial recharge; and (b), and (d) $20,000,000 for each of fiscal years gets in Germany, including sites frequented (VII) other relevant factors, as determined 2008 through 2022, to remain available until by United States citizens; by the Secretary; and expended. (2) recognizes the role of United States in- (iii) impaired surface water and ground- (2) GRANT PROGRAM.—There is authorized telligence agencies in providing critical in- water supplies that are known, accessible, to be appropriated to carry out subsection formation to German authorities in their in- and used to meet ongoing water demands; (c) $12,500,000 for the period of fiscal years vestigation and apprehension of the sus- and 2008 through 2012, to remain available until pected terrorists and notes the continuing (B) maintaining a national database of expended. importance of such United States intel- water availability data that— SEC. 10. EFFECT. ligence cooperation with Germany; (i) is comprised of maps, reports, and other (a) IN GENERAL.—Nothing in this Act su- (3) commends the intelligence community forms of interpreted data; persedes or limits any existing authority of Germany for its outstanding work in iden- (ii) provides electronic access to the provided, or responsibility conferred, by any tifying the individuals suspected of seeking archived data of the national database; and provision of law. to carry out this terrorist plot; (iii) provides for real-time data collection. (b) EFFECT ON STATE WATER LAW.— (4) condemns those individuals who would (c) GRANT PROGRAM.— (1) IN GENERAL.—Nothing in this Act pre- use acts of violence against innocent civil- (1) AUTHORITY OF SECRETARY.—The Sec- empts or affects any— ians to spread a message of hate and intoler- retary may provide grants to State water re- (A) State water law; or ance; source agencies to assist State water re- (B) interstate compact governing water. (5) urges the allies of the United States to source agencies in— (2) COMPLIANCE REQUIRED.—The Secretary remain steadfast in their efforts to defeat (A) developing water use and availability shall comply with applicable State water international terrorism; and datasets that are integrated with each ap- laws in carrying out this Act. (6) expresses its readiness to provide nec- propriate dataset developed or maintained f essary assistance to the Government of Ger- by the Secretary; or many in its counterterrorism effort to bring (B) integrating any water use or water SUBMITTED RESOLUTIONS to justice those individuals involved in this availability dataset of the State water re- terrorist plot. source agency into each appropriate dataset developed or maintained by the Secretary. SENATE RESOLUTION 344—COM- (2) CRITERIA.—To be eligible to receive a f grant under paragraph (1), a State water re- MENDING THE GOVERNMENT OF GERMANY FOR PREVENTING A source agency shall demonstrate to the Sec- SENATE CONCURRENT RESOLU- LARGE-SCALE TERRORIST AT- retary that the water use and availability TION 49—PROVIDING FOR A CON- dataset proposed to be established or inte- TACK IN SEPTEMBER 2007, AND DITIONAL ADJOURNMENT OR RE- grated by the State water resource agency— SUPPORTING FUTURE COOPERA- CESS OF THE SENATE (A) is in compliance with each quality and TION TO PREVENT TERRORISM conformity standard established by the Sec- retary to ensure that the data will be capa- Mr. BENNETT submitted the fol- Mr. REID submitted the following ble of integration with any national dataset; lowing resolution; which was consid- concurrent resolution; which was con- and ered and agreed to: sidered and agreed to:

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S. CON. RES. 49 to the bill H.R. 3093, supra; which was or- bill H.R. 3093, supra; which was ordered to lie Resolved by the Senate (the House of Rep- dered to lie on the table. on the table. resentatives concurring), That when the Sen- SA 3225. Mr. REID submitted an amend- SA 3247. Mrs. MCCASKILL submitted an ate recesses or adjourns on Thursday, Octo- ment intended to be proposed by him to the amendment intended to be proposed by her ber 4, 2007, or Friday, October 5, 2007, on a bill H.R. 3093, supra. to the bill H.R. 3093, supra; which was or- motion offered pursuant to this concurrent SA 3226. Mr. CASEY submitted an amend- dered to lie on the table. resolution by its Majority Leader or his des- ment intended to be proposed by him to the SA 3248. Mrs. BOXER submitted an amend- ignee, it stand recessed or adjourned until 12 bill H.R. 3093, supra; which was ordered to lie ment intended to be proposed by her to the noon on Monday, October 15, 2007, or such on the table. bill H.R. 3093, supra; which was ordered to lie other time on that day as may be specified SA 3227. Ms. MIKULSKI (for Mr. DORGAN on the table. SA 3249. Mr. LEAHY submitted an amend- by its Majority Leader or his designee in the (for himself, Ms. STABENOW, Mr. HAGEL, Mr. ment intended to be proposed by him to the motion to recess or adjourn, or until the REED, Mr. LEVIN, and Mr. BIDEN)) proposed bill H.R. 3093, supra; which was ordered to lie time of any reassembly pursuant to section 2 an amendment to the bill H.R. 3093, supra. SA 3228. Ms. LANDRIEU submitted an on the table. of this concurrent resolution, whichever oc- SA 3250. Ms. MIKULSKI (for herself, Mrs. curs first. amendment intended to be proposed by her HUTCHISON, Mr. SHELBY, Ms. LANDRIEU, Mr. SEC. 2. The Majority Leader of the Senate, to the bill H.R. 3093, supra; which was or- NELSON, of Florida, Mr. MARTINEZ, Mr. after consultation with the Minority Leader dered to lie on the table. SALAZAR, Mr. LIEBERMAN, Mr. BENNETT, Mr. of the Senate, shall notify the Members of SA 3229. Ms. LANDRIEU submitted an VITTER, Mrs. CLINTON, Mr. BROWN, and Mrs. the Senate to reassemble at such place and amendment intended to be proposed by her to the bill H.R. 3093, supra; which was or- BOXER) proposed an amendment to the bill time as he may designate if, in his opinion, H.R. 3093, supra. the public interest shall warrant it. dered to lie on the table. SA 3230. Mr. COBURN submitted an SA 3251. Mr. LAUTENBERG (for himself f amendment intended to be proposed to and Mrs. BOXER) submitted an amendment amendment SA 3215 proposed by Ms. MIKUL- intended to be proposed by him to the bill AMENDMENTS SUBMITTED AND H.R. 3093, supra; which was ordered to lie on PROPOSED SKI to the bill H.R. 3093, supra. SA 3231. Mr. SHELBY (for himself and Ms. the table. SA 3208. Mr. BINGAMAN (for himself, Mr. MIKULSKI) proposed an amendment to the SA 3252. Mr. FEINGOLD (for himself and SMITH, Ms. CANTWELL, Mr. FEINGOLD, Mr. bill H.R. 3093, supra. Mr. GRASSLEY) submitted an amendment in- SALAZAR, Mr. BAUCUS, and Mr. DORGAN) sub- SA 3232. Mr. REID (for Mr. DODD (for him- tended to be proposed by him to the bill H.R. mitted an amendment intended to be pro- self, Ms. LANDRIEU, Mr. BIDEN, Mrs. 3093, supra; which was ordered to lie on the posed by him to the bill H.R. 3093, making MCCASKILL, and Mr. BROWN)) submitted an table. appropriations for the Departments of Com- amendment intended to be proposed by Mr. SA 3253. Mrs. FEINSTEIN submitted an merce and Justice, and Science, and Related Reid to the bill H.R. 3093, supra; which was amendment intended to be proposed by her Agencies for the fiscal year ending Sep- ordered to lie on the table. to the bill H.R. 3093, supra; which was or- tember 30, 2008, and for other purposes; which SA 3233. Ms. MIKULSKI (for herself, Mr. dered to lie on the table. SA 3254. Mrs. FEINSTEIN (for herself and was ordered to lie on the table. SHELBY, and Mrs. MURRAY) proposed an Mr. KYL) submitted an amendment intended SA 3209. Mr. BINGAMAN submitted an amendment to the bill H.R. 3093, supra. to be proposed by her to the bill H.R. 3093, amendment intended to be proposed by him SA 3234. Mr. REID (for Mr. OBAMA (for him- supra; which was ordered to lie on the table. to the bill H.R. 3093, supra; which was or- self and Mr. DURBIN)) submitted an amend- SA 3255. Mr. KERRY submitted an amend- dered to lie on the table. ment intended to be proposed by Mr. Reid to ment intended to be proposed by him to the SA 3210. Mr. BINGAMAN submitted an the bill H.R. 3093, supra; which was ordered bill H.R. 3093, supra; which was ordered to lie amendment intended to be proposed by him to lie on the table. on the table. to the bill H.R. 3093, supra. SA 3235. Ms. CANTWELL submitted an SA 3256. Mr. REID (for Mr. BIDEN (for him- SA 3211. Ms. MIKULSKI (for herself and amendment intended to be proposed by her self, Mr. KOHL, Mr. BINGAMAN, Mrs. CLINTON, Mr. SHELBY) proposed an amendment to the to the bill H.R. 3093, supra; which was or- Mr. KERRY, Mr. LEVIN, Mr. KENNEDY, Mr. bill H.R. 3093, supra. dered to lie on the table. BAYH, Ms. CANTWELL, Mrs. BOXER, Mr. SCHU- SA 3212. Mr. MCCONNELL (for Mr. DOMEN- SA 3236. Ms. LANDRIEU submitted an MER, Mr. DODD, Mr. CASEY, Ms. COLLINS, Mr. ICI) submitted an amendment intended to be amendment intended to be proposed by her CARDIN, Mr. REED, Mr. NELSON, of Nebraska, proposed by Mr. McConnell to the bill H.R. to the bill H.R. 3093, supra; which was or- Mr. LAUTENBERG, Ms. KLOBUCHAR, Mr. 3093, supra; which was ordered to lie on the dered to lie on the table. WHITEHOUSE, and Mr. LEAHY)) submitted an table. SA 3237. Ms. LANDRIEU submitted an amendment intended to be proposed by Mr. SA 3213. Mr. McCONNELL (for Mr. DOMEN- amendment intended to be proposed by her Reid to the bill H.R. 3093, supra. ICI) submitted an amendment intended to be to the bill H.R. 3093, supra; which was or- SA 3257. Mrs. MURRAY (for herself, Mr. proposed by him to the bill H.R. 3093, supra. dered to lie on the table. ISAKSON, and Mrs. BOXER) proposed an SA 3214. Mr. INOUYE submitted an amend- SA 3238. Mr. KENNEDY submitted an amendment to the bill S. 742, to amend the ment intended to be proposed by him to the amendment intended to be proposed by him Toxic Substances Control Act to reduce the bill H.R. 3093, supra. to the bill H.R. 3093, supra; which was or- health risks posed by asbestos-containing SA 3215. Ms. MIKULSKI proposed an dered to lie on the table. materials and products having asbestos-con- SA 3239. Mr. KENNEDY submitted an amendment to the bill H.R. 3093, supra. taining material, and for other purposes. SA 3216. Ms. MIKULSKI proposed an amendment intended to be proposed by him SA 3258. Mrs. MURRAY proposed an amendment to the bill H.R. 3093, supra. to the bill H.R. 3093, supra; which was or- amendment to the bill S. 742, supra. SA 3217. Mr. BROWN submitted an amend- dered to lie on the table. SA 3259. Mr. KOHL submitted an amend- ment intended to be proposed by him to the SA 3240. Mr. DORGAN (for himself, Mr. ment intended to be proposed by him to the bill H.R. 3093, supra; which was ordered to lie BINGAMAN, Mr. TESTER, Mr. BAUCUS, Ms. bill H.R. 3093, making appropriations for the on the table. CANTWELL, and Mr. THUNE) submitted an Departments of Commerce and Justice, and SA 3218. Mrs. MURRAY (for herself, Ms. amendment intended to be proposed by him Science, and Related Agencies for the fiscal CANTWELL, Mr. LEAHY, Mr. SCHUMER, Mr. to the bill H.R. 3093, supra. year ending September 30, 2008, and for other CRAPO, Mr. TESTER, and Mrs. CLINTON) sub- SA 3241. Mr. COBURN submitted an purposes; which was ordered to lie on the mitted an amendment intended to be pro- amendment intended to be proposed by him table. posed by her to the bill H.R. 3093, supra. to the bill H.R. 3093, supra; which was or- SA 3260. Mr. BROWN (for himself, Ms. SA 3219. Mrs. MURRAY submitted an dered to lie on the table. STABENOW, Mr. BYRD, and Mr. ROCKEFELLER) amendment intended to be proposed by her SA 3242. Mr. COBURN submitted an submitted an amendment intended to be pro- to the bill H.R. 3093, supra. amendment intended to be proposed by him posed by him to the bill H.R. 3093, supra. SA 3220. Mr. MENENDEZ submitted an to the bill H.R. 3093, supra; which was or- SA 3261. Mr. COBURN submitted an amend- amendment intended to be proposed by him dered to lie on the table. ment intended to be proposed by him to the to the bill H.R. 3093, supra. SA 3243. Mr. COBURN submitted an bill H.R. 3093, supra; which was ordered to lie SA 3221. Mr. DORGAN submitted an amendment intended to be proposed by him on the table. amendment intended to be proposed by him to the bill H.R. 3093, supra. SA 3262. Mr. KENNEDY submitted an to the bill H.R. 3093, supra; which was or- SA 3244. Mrs. DOLE submitted an amend- amendment intended to be proposed by him dered to lie on the table. ment intended to be proposed by her to the to the bill H.R. 3093, supra; which was or- SA 3222. Ms. LANDRIEU submitted an bill H.R. 3093, supra; which was ordered to lie dered to lie on the table. amendment intended to be proposed by her on the table. SA 3263. Mr. PRYOR (for himself, Mr. to the bill H.R. 3093, supra. SA 3245. Ms. MURKOWSKI submitted an SMITH, Mr. KERRY, and Mr. STEVENS) sub- SA 3223. Ms. LANDRIEU submitted an amendment intended to be proposed by her mitted an amendment intended to be pro- amendment intended to be proposed by her to the bill H.R. 3093, supra; which was or- posed by him to the bill H.R. 3093, supra; to the bill H.R. 3093, supra. dered to lie on the table. which was ordered to lie on the table. SA 3224. Ms. LANDRIEU submitted an SA 3246. Mrs. BOXER submitted an amend- SA 3264. Ms. CANTWELL submitted an amendment intended to be proposed by her ment intended to be proposed by her to the amendment intended to be proposed by her

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to the bill H.R. 3093, supra; which was or- (ii) in paragraph (2)— (c) FUNDING.—From the funds appropriated dered to lie on the table. (I) by inserting ‘‘, territory, Indian tribe,’’ for economic and statistical analysis under SA 3265. Mr. KENNEDY submitted an after ‘‘agency of the State’’; and this title, the Secretary of Commerce shall amendment intended to be proposed by him (II) by inserting ‘‘, territory, Indian tribe,’’ set aside sufficient amounts to complete the to the bill H.R. 3093, supra; which was or- after ‘‘criminal laws of that State’’; and study described in subsection (a). dered to lie on the table. (iii) by adding at the end the following: SA 3266. Mr. REID (for Mrs. CLINTON (for ‘‘(C) INDIAN TRIBE.—The term ‘Indian tribe’ SA 3211. Ms. MIKULSKI (for herself herself, Mr. BROWN, and Mr. SCHUMER)) sub- has the meaning given the term in section and Mr. SHELBY) proposed an amend- mitted an amendment intended to be pro- 2704 of the Omnibus Crime Control and Safe ment to the bill H.R. 3093, making ap- posed by Mr. Reid to the bill H.R. 3093, supra; Streets Act of 1968 (42 U.S.C. 3797d).’’; and propriations for the Departments of which was ordered to lie on the table. (C) in subsection (c)— Commerce and Justice, and Science, SA 3267. Mr. AKAKA submitted an amend- (i) in paragraph (3), by striking ‘‘Indian ment intended to be proposed by him to the and Related Agencies for the fiscal Tribes’’ and inserting ‘‘Indian tribes’’; and year ending September 30, 2008, and for bill H.R. 3093, supra; which was ordered to lie (ii) in paragraph (4)— on the table. (I) in the matter preceding subparagraph other purposes; as follows: SA 3268. Ms. MIKULSKI proposed an (A)— That the following sums are appropriated, amendment to the bill H.R. 3093, supra. (aa) by striking ‘‘State’s’’; and out of any money in the Treasury not other- SA 3269. Mr. KERRY submitted an amend- (bb) by striking ‘‘and/or’’ and inserting wise appropriated, for the fiscal year ending ment intended to be proposed by him to the ‘‘or’’; September 30, 2008, and for other purposes, bill H.R. 3093, supra; which was ordered to lie (II) in subparagraph (A), by striking namely: on the table. ‘‘State’’; TITLE I f (III) in subparagraph (C), by inserting ‘‘, DEPARTMENT OF COMMERCE TEXT OF AMENDMENTS Indian tribes,’’ after ‘‘involved counties’’; INTERNATIONAL TRADE ADMINISTRATION and OPERATIONS AND ADMINISTRATION SA 3208. Mr. BINGAMAN (for him- (IV) in subparagraph (D), by inserting ‘‘, For necessary expenses for international self, Mr. SMITH, Ms. CANTWELL, Mr. Tribal’’ after ‘‘Federal, State’’. trade activities of the Department of Com- FEINGOLD, Mr. SALAZAR, Mr. BAUCUS, SA 3209. Mr. BINGAMAN submitted merce provided for by law, and for engaging and Mr. DORGAN) submitted an amend- in trade promotional activities abroad, in- ment intended to be proposed by him an amendment intended to be proposed cluding expenses of grants and cooperative to the bill H.R. 3093, making appropria- by him to the bill H.R. 3093, making ap- agreements for the purpose of promoting ex- tions for the Departments of Commerce propriations for the Departments of ports of United States firms, without regard and Justice, and Science, and Related Commerce and Justice, and Science, to 44 U.S.C. 3702 and 3703; full medical cov- erage for dependent members of immediate Agencies for the fiscal year ending Sep- and Related Agencies for the fiscal year ending September 30, 2008, and for families of employees stationed overseas and tember 30, 2008, and for other purposes; other purposes; which was ordered to employees temporarily posted overseas; which was ordered to lie on the table; lie on the table; as follows: travel and transportation of employees of as follows: the United States and Foreign Commercial On page 97, between lines 9 and 10, insert At the appropriate place, insert the fol- Service between two points abroad, without the following: regard to 49 U.S.C. 40118; employment of lowing: SEC. 528. Section 504(a)(11)(E) of the Omni- Americans and aliens by contract for serv- SEC. ll. NATIVE AMERICAN METHAMPHET- bus Consolidated Rescissions and Appropria- ices; rental of space abroad for periods not AMINE ENFORCEMENT AND TREAT- tions Act of 1996 (Public Law 104–134; 110 exceeding 10 years, and expenses of alter- MENT ACT OF 2007. Stat. 1321–55) is amended by inserting before ation, repair, or improvement; purchase or (a) SHORT TITLE.—This section may be ‘‘an alien’’ the following: ‘‘a nonimmigrant construction of temporary demountable ex- cited as the ‘‘Native American Methamphet- worker admitted to, or permitted to remain hibition structures for use abroad; payment amine Enforcement and Treatment Act of in, the United States under section of tort claims, in the manner authorized in 2007’’. 101(a)(15)(H)(ii)(b) of the Immigration and (b) NATIVE AMERICAN PARTICIPATION IN Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) the first paragraph of 28 U.S.C. 2672 when METHAMPHETAMINE GRANTS.— for forestry labor or’’. such claims arise in foreign countries; not to (1) IN GENERAL.—Section 2996(a) of the Om- exceed $327,000 for official representation ex- nibus Crime Control and Safe Streets Act of SA 3210. Mr. BINGAMAN submitted penses abroad; purchase of passenger motor 1968 (42 U.S.C. 3797cc(a)) is amended— an amendment intended to be proposed vehicles for official use abroad, not to exceed (A) in paragraph (1)— by him to the bill H.R. 3093, making ap- $45,000 per vehicle; obtaining insurance on of- (i) in the matter preceding subparagraph ficial motor vehicles; and rental of tie lines, (A), by inserting ‘‘, territories, and Indian propriations for the Departments of $425,431,000, to remain available until Sep- tribes (as defined in section 2704)’’ after ‘‘to Commerce and Justice, and Science, tember 30, 2009, of which $8,000,000 is to be de- assist States’’; and and Related Agencies for the fiscal rived from fees to be retained and used by (ii) in subparagraph (B), by striking ‘‘and year ending September 30, 2008, and for the International Trade Administration, not- local’’ and inserting ‘‘, territorial, Tribal, other purposes; as follows: withstanding 31 U.S.C. 3302: Provided, That and local’’; On page 26, after line 24, add the following: $49,564,000 shall be for Manufacturing and (B) in paragraph (2), by inserting ‘‘, terri- SEC. 114. INTANGIBLE ASSETS INVESTMENT Services; $44,960,000 shall be for Market Ac- tories, and Indian tribes’’ after ‘‘make grants STUDY. cess and Compliance; $66,601,000 shall be for to States’’; and (a) IN GENERAL.—Not later than 60 days the Import Administration; $229,702,000 shall (C) in paragraph (3)(C), by inserting ‘‘, after the date of the enactment of this Act, be for the United States and Foreign Com- Tribal,’’ after ‘‘support State’’. the Director of the Bureau of Economic mercial Service; and $26,604,000 shall be for (2) GRANT PROGRAMS FOR DRUG ENDANGERED Analysis of the Department of Commerce Executive Direction and Administration: CHILDREN.—Section 755(a) of the USA PA- shall enter into an agreement with the Coun- Provided further, That the provisions of the TRIOT Improvement and Reauthorization cil of the National Academy of Sciences to first sentence of section 105(f) and all of sec- Act of 2005 (42 U.S.C. 3797cc–2(a)) is amended conduct a study, which shall— tion 108(c) of the Mutual Educational and by inserting ‘‘, territories, and Indian tribes (1) recommend steps to improve the meas- Cultural Exchange Act of 1961 (22 U.S.C. (as defined in section 2704 of the Omnibus urement of intangible assets and their incor- 2455(f) and 2458(c)) shall apply in carrying out Crime Control and Safe Streets Act of 1968 poration in the National Income and Product these activities without regard to section (42 U.S.C. 3797d))’’ after ‘‘make grants to Accounts; 5412 of the Omnibus Trade and Competitive- States’’. (2) identify and estimate the size of the ness Act of 1988 (15 U.S.C. 4912); and that for (3) GRANT PROGRAMS TO ADDRESS METH- Federal Government’s investment in intan- the purpose of this Act, contributions under AMPHETAMINE USE BY PREGNANT AND PAR- gible assets; the provisions of the Mutual Educational ENTING WOMEN OFFENDERS.—Section 756 of (3) survey other countries’ efforts to meas- and Cultural Exchange Act of 1961 shall in- the USA PATRIOT Improvement and Reau- ure and promote investments in intangible clude payment for assessments for services thorization Act of 2005 (42 U.S.C. 3797cc–3) is assets; and provided as part of these activities: Provided amended— (4) recommend policies to accelerate pri- further, That the International Trade Admin- (A) in subsection (a)(2), by inserting ‘‘, ter- vate and public investment in the types of istration shall be exempt from the require- ritorial, or Tribal’’ after ‘‘State’’; intangible assets most likely to contribute ments of Circular A–25 (or any successor ad- (B) in subsection (b)— to economic growth. ministrative regulation or policy) issued by (i) in paragraph (1)— (b) COMPLETION.—The National Academy of the Office of Management and Budget: Pro- (I) by inserting ‘‘, territorial, or Tribal’’ Sciences shall complete the study described vided further, That negotiations shall be con- after ‘‘State’’; and in subsection (a) not later than 18 months ducted within the World Trade Organization (II) by striking ‘‘and/or’’ and inserting after the date on which the agreement de- to recognize the right of members to dis- ‘‘or’’; scribed in subsection (a) was signed. tribute monies collected from antidumping

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and countervailing duties: Provided further, BUREAU OF THE CENSUS until expended: Provided further, That not That negotiations shall be conducted within SALARIES AND EXPENSES less than 1,020 full-time equivalents, 1,082 po- the World Trade Organization consistent sitions and $214,150,000 shall be for the exam- For expenses necessary for collecting, com- with the negotiating objectives contained in ination of trademark applications; and not piling, analyzing, preparing, and publishing the Trade Act of 2002, Public Law 107–210. less than 8,522 full-time equivalents, 9,000 po- statistics, provided for by law, $226,238,000. BUREAU OF INDUSTRY AND SECURITY sitions and $1,701,402,000 shall be for the ex- PERIODIC CENSUSES AND PROGRAMS amination and searching of patent applica- OPERATIONS AND ADMINISTRATION For expenses to collect and publish statis- tions: Provided further, That not less than For necessary expenses for export adminis- tics for periodic censuses and programs pro- $18,000,000 shall be for training of personnel: tration and national security activities of vided for by law, $1,020,406,000, to remain Provided further, That any deviation from the the Department of Commerce, including available until September 30, 2009. full-time equivalent, position, and funding costs associated with the performance of ex- NATIONAL TELECOMMUNICATIONS AND designations set forth in the preceding pro- port administration field activities both do- INFORMATION ADMINISTRATION visos shall be subject to the procedures set mestically and abroad; full medical coverage SALARIES AND EXPENSES forth in section 505 of this Act: Provided fur- for dependent members of immediate fami- ther, That from amounts provided herein, not For necessary expenses, as provided for by lies of employees stationed overseas; em- to exceed $5,000 shall be made available in law, of the National Telecommunications ployment of Americans and aliens by con- fiscal year 2008 for official reception and rep- and Information Administration (NTIA), tract for services abroad; payment of tort resentation expenses: Provided further, That $18,581,000, to remain available until Sep- claims, in the manner authorized in the first notwithstanding section 1353 of title 31, tember 30, 2009: Provided, That, notwith- paragraph of 28 U.S.C. 2672 when such claims United States Code, no employee of the standing 31 U.S.C. 1535(d), the Secretary of arise in foreign countries; not to exceed United States Patent and Trademark Office Commerce shall charge Federal agencies for $15,000 for official representation expenses may accept payment or reimbursement from costs incurred in spectrum management, abroad; awards of compensation to informers a non-Federal entity for travel, subsistence, analysis, and operations, and related services under the Export Administration Act of 1979, or related expenses for the purpose of ena- and such fees shall be retained and used as and as authorized by 22 U.S.C. 401(b); and bling an employee to attend and participate offsetting collections for costs of such spec- purchase of passenger motor vehicles for of- in a convention, conference, or meeting when trum services, to remain available until ex- ficial use and motor vehicles for law enforce- the entity offering payment or reimburse- pended: Provided further, That the Secretary ment use with special requirement vehicles ment is a person or corporation subject to of Commerce is authorized to retain and use eligible for purchase without regard to any regulation by the Office, or represents a per- as offsetting collections all funds trans- price limitation otherwise established by son or corporation subject to regulation by ferred, or previously transferred, from other law, $78,776,000, to remain available until ex- the Office, unless the person or corporation Government agencies for all costs incurred pended, of which $14,767,000 shall be for in- is an organization exempt from taxation pur- in telecommunications research, engineer- spections and other activities related to na- suant to section 501(c)(3) of the Internal Rev- ing, and related activities by the Institute tional security: Provided, That the provisions enue Code of 1986: Provided further, That in for Telecommunication Sciences of NTIA, in of the first sentence of section 105(f) and all fiscal year 2008, from the amounts made furtherance of its assigned functions under of section 108(c) of the Mutual Educational available for ‘‘Salaries and Expenses’’ for the this paragraph, and such funds received from and Cultural Exchange Act of 1961 (22 U.S.C. United States Patent and Trademark Office other Government agencies shall remain 2455(f) and 2458(c)) shall apply in carrying out (PTO), the amounts necessary to pay: (1) the available until expended. these activities: Provided further, That pay- difference between the percentage of basic ments and contributions collected and ac- PUBLIC TELECOMMUNICATIONS FACILITIES, pay contributed by the PTO and employees cepted for materials or services provided as PLANNING AND CONSTRUCTION under section 8334(a) of title 5, United States part of such activities may be retained for For the administration of grants author- Code, and the normal cost percentage (as de- use in covering the cost of such activities, ized by section 392 of the Communications fined by section 8331(17) of that title) of basic and for providing information to the public Act of 1934, $20,000,000, to remain available pay, of employees subject to subchapter III with respect to the export administration until expended: Provided, That not to exceed of chapter 83 of that title; and (2) the present and national security activities of the De- $2,000,000 shall be available for program ad- value of the otherwise unfunded accruing partment of Commerce and other export con- ministration as authorized by section 391 of costs, as determined by the Office of Per- trol programs of the United States and other the Act: Provided further, That, notwith- sonnel Management, of post-retirement life governments. standing the provisions of section 391 of the insurance and post-retirement health bene- fits coverage for all PTO employees, shall be ECONOMIC DEVELOPMENT ADMINISTRATION Act, the prior year unobligated balances may be made available for grants for projects for transferred to the Civil Service Retirement ECONOMIC DEVELOPMENT ASSISTANCE which applications have been submitted and and Disability Fund, the Employees Life In- PROGRAMS approved during any fiscal year. surance Fund, and the Employees Health For grants for economic development as- TECHNOLOGY OPPORTUNITIES PROGRAM Benefits Fund, as appropriate, and shall be available for the authorized purposes of sistance as provided by the Public Works and For grants authorized by sections 391 and those accounts: Provided further, That sec- Economic Development Act of 1965, and for 392 of the Communications Act of 1934, as tions 801, 802, and 803 of Division B, Public trade adjustment assistance, $250,000,000, to amended, $10,000,000, to remain available remain available until expended. Law 108–447 shall remain in effect during fis- until expended: Provided, That funds pro- cal year 2008: Provided further, That the Di- SALARIES AND EXPENSES vided under this heading shall be for com- rector may reduce patent filing fees payable petitive grants for the construction of For necessary expenses of administering in 2008 for documents filed electronically broadband services. the economic development assistance pro- consistent with Federal regulation. grams as provided for by law, $32,800,000: Pro- UNITED STATES PATENT AND TRADEMARK NATIONAL INSTITUTE OF STANDARDS AND vided, That these funds may be used to mon- OFFICE TECHNOLOGY itor projects approved pursuant to title I of SALARIES AND EXPENSES the Public Works Employment Act of 1976, SCIENTIFIC AND TECHNICAL RESEARCH AND For necessary expenses of the United title II of the Trade Act of 1974, and the Com- SERVICES States Patent and Trademark Office pro- munity Emergency Drought Relief Act of For necessary expenses of the National In- vided for by law, including defense of suits 1977. stitute of Standards and Technology, instituted against the Under Secretary of $502,117,000, to remain available until ex- MINORITY BUSINESS DEVELOPMENT AGENCY Commerce for Intellectual Property and Di- pended, of which not to exceed $12,500,000 rector of the United States Patent and MINORITY BUSINESS DEVELOPMENT may be transferred to the ‘‘Working Capital Trademark Office, $1,915,500,000, to remain Fund’’: Provided, That not to exceed $7,500 For necessary expenses of the Department available until expended: Provided, That the shall be for official reception and representa- of Commerce in fostering, promoting, and sum herein appropriated from the general tion expenses. developing minority business enterprise, in- fund shall be reduced as offsetting collec- cluding expenses of grants, contracts, and tions assessed and collected pursuant to 15 INDUSTRIAL TECHNOLOGY SERVICES other agreements with public or private or- U.S.C. 1113 and 35 U.S.C. 41 and 376 are re- For necessary expenses of the Hollings ganizations, $30,200,000. ceived during fiscal year 2008, so as to result Manufacturing Extension Partnership of the ECONOMIC AND INFORMATION INFRASTRUCTURE in a fiscal year 2008 appropriation from the National Institute of Standards and Tech- ECONOMIC AND STATISTICAL ANALYSIS general fund estimated at $0: Provided fur- nology, $110,000,000, to remain available until ther, That during fiscal year 2008, should the expended. SALARIES AND EXPENSES total amount of offsetting fee collections be In addition, for necessary expenses of the For necessary expenses, as authorized by less than $1,915,500,000, this amount shall be Advanced Technology Program of the Na- law, of economic and statistical analysis pro- reduced accordingly: Provided further, That tional Institute of Standards and Tech- grams of the Department of Commerce, any amount received in excess of nology, $100,000,000, to remain available until $85,000,000, to remain available until Sep- $1,915,500,000 in fiscal year 2008, in an amount expended, of which not to exceed $1,500,000 tember 30, 2009. up to $100,000,000, shall remain available shall be for Institutional Support: Provided,

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That no single applicant awards shall be plied against an assigned activity included PACIFIC COASTAL SALMON RECOVERY made to companies with revenues greater in this Act or the report accompanying this For necessary expenses associated with the than $1,000,000,000: Provided further, That Act: Provided further, That the total amount restoration of Pacific salmon populations, funds shall not support Standards Develop- available for the National Oceanic and At- $90,000,000. ment pursuant to 15 U.S.C. 278n(h). mospheric Administration corporate services COASTAL ZONE MANAGEMENT FUND administrative support costs shall not ex- CONSTRUCTION OF RESEARCH FACILITIES (INCLUDING TRANSFER OF FUNDS) ceed $209,179,000: Provided further, That pay- For construction of new research facilities, Of amounts collected pursuant to section including architectural and engineering de- ments of funds made available under this heading to the Department of Commerce 308 of the Coastal Zone Management Act of sign, and for renovation and maintenance of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 existing facilities, including agency rec- Working Capital Fund including Department of Commerce General Counsel legal services shall be transferred to the ‘‘Operations, Re- reational and welfare facilities, not other- search, and Facilities’’ account to offset the shall not exceed $34,425,000: Provided further, wise provided for the National Institute of costs of implementing such Act. Standards and Technology, as authorized by That any deviation from the amounts des- FISHERIES FINANCE PROGRAM ACCOUNT 15 U.S.C. 278c–278e, $150,900,000, to remain ignated for specific activities in the report available until expended: Provided, That the accompanying this Act, or any use of Subject to section 502 of the Congressional Secretary of Commerce shall include in the deobligated balances of funds provided under Budget Act of 1974, during fiscal year 2008, budget justification materials that the Sec- this heading in previous years, shall be sub- obligations of direct loans may not exceed retary submits to Congress in support of the ject to the procedures set forth in section 505 $8,000,000 for Individual Fishing Quota loans Department of Commerce budget (as sub- of this Act: Provided further, That grants to as authorized by the Merchant Marine Act of mitted with the budget of the President States pursuant to sections 306 and 306A of 1936. under section 1105(a) of title 31, United the Coastal Zone Management Act of 1972, as OTHER States Code) an estimate for each National amended, shall not exceed $2,000,000, unless DEPARTMENTAL MANAGEMENT Institute of Standards and Technology con- funds provided for ‘‘Coastal Zone Manage- SALARIES AND EXPENSES ment Grants’’ exceed funds provided in the struction project having a total multi-year For expenses necessary for the depart- previous fiscal year: Provided further, That if program cost of more than $5,000,000 and si- mental management of the Department of multaneously the budget justification mate- funds provided for ‘‘Coastal Zone Manage- Commerce provided for by law, including not rials shall include an estimate of the budg- ment Grants’’ exceed funds provided in the to exceed $5,000 for official entertainment, etary requirements for each such project for previous fiscal year, then no State shall re- $53,193,000. each of the five subsequent fiscal years: Pro- ceive more than 5 percent or less than 1 per- HCHB RENOVATION AND MODERNIZATION vided further, That notwithstanding any cent of the additional funds: Provided further, other provision of law, of the amount made That for fiscal year 2008 and hereafter the For expenses necessary for the renovation available for construction of research facili- Administrator of the National Oceanic and and modernization of the Herbert C. Hoover ties, $8,000,000 shall be for the University of Atmospheric Administration may engage in Building, $5,100,000, to remain available until Mississippi Medical Center Biotechnology formal and informal education activities, in- expended. Research Park; $8,000,000 shall be for the cluding primary and secondary education, OFFICE OF INSPECTOR GENERAL Mississippi State University Research, Tech- related to the agency’s mission goals: Pro- For necessary expenses of the Office of In- nology and Economic Development Park; vided further, That in accordance with sec- spector General in carrying out the provi- $2,000,000 shall be for the University of tion 215 of Public Law 107–372 the number of sions of the Inspector General Act of 1978 (5 Southern Mississippi Innovation and Com- officers in the NOAA Commissioned Officer U.S.C. App.), $23,426,000. mercialization Park Infrastructure and Corps shall increase to 321: Provided further, NATIONAL INTELLECTUAL PROPERTY LAW Building Construction and Equipage; That for fiscal year 2009 and hereafter the ENFORCEMENT COORDINATION COUNCIL $5,000,000 shall be for the Alabama State Uni- National Oceanic and Atmospheric Adminis- For necessary expenses of the National In- versity Life Sciences Building; and $30,000,000 tration shall submit its budget request to tellectual Property Law Enforcement Co- shall be for laboratory and research space at Congress concurrently with its submission to ordination Council to coordinate domestic the University of South Alabama Engineer- the Office of Management and Budget: Pro- and international intellectual property pro- ing and Science Center. vided further, That of the funds provided, tection and law enforcement relating to in- NATIONAL OCEANIC AND ATMOSPHERIC $15,000,000 is provided for the alleviation of tellectual property among Federal and for- ADMINISTRATION economic impacts associated Framework 42 eign entities, $1,000,000. on the Massachusetts groundfish fishery. OPERATIONS, RESEARCH, AND FACILITIES GENERAL PROVISIONS—DEPARTMENT OF (INCLUDING TRANSFERS OF FUNDS) In addition, for necessary retired pay ex- COMMERCE For necessary expenses of activities au- penses under the Retired Serviceman’s Fam- (INCLUDING TRANSFER OF FUNDS) ily Protection and Survivor Benefits Plan, thorized by law for the National Oceanic and SEC. 101. During the current fiscal year, ap- Atmospheric Administration, including and for payments for the medical care of re- plicable appropriations and funds made maintenance, operation, and hire of aircraft tired personnel and their dependents under available to the Department of Commerce by and vessels; grants, contracts, or other pay- the Dependents Medical Care Act (10 U.S.C. this Act shall be available for the activities ments to nonprofit organizations for the pur- ch. 55), such sums as may be necessary. specified in the Act of October 26, 1949 (15 poses of conducting activities pursuant to PROCUREMENT, ACQUISITION AND CONSTRUCTION U.S.C. 1514), to the extent and in the manner cooperative agreements; and relocation of fa- prescribed by the Act, and, notwithstanding cilities, $3,036,888,000, to remain available For procurement, acquisition and con- 31 U.S.C. 3324, may be used for advanced pay- until September 30, 2008, except for funds struction of capital assets, including alter- ments not otherwise authorized only upon provided for cooperative enforcement, which ation and modification costs, of the National the certification of officials designated by shall remain available until September 30, Oceanic and Atmospheric Administration, the Secretary of Commerce that such pay- 2009: Provided, That fees and donations re- $1,089,000,000, to remain available until Sep- ments are in the public interest. ceived by the National Ocean Service for the tember 30, 2009, except funds provided for SEC. 102. During the current fiscal year, ap- management of national marine sanctuaries construction of facilities which shall remain propriations made available to the Depart- may be retained and used for the salaries and available until expended: Provided, That of ment of Commerce by this Act for salaries expenses associated with those activities, the amounts provided for the National Polar- and expenses shall be available for hire of notwithstanding 31 U.S.C. 3302: Provided fur- orbiting Operational Environmental Sat- passenger motor vehicles as authorized by 31 ther, That in addition, $3,000,000 shall be de- ellite System, funds shall only be made U.S.C. 1343 and 1344; services as authorized rived by transfer from the fund entitled available on a dollar-for-dollar matching by 5 U.S.C. 3109; and uniforms or allowances ‘‘Coastal Zone Management’’ and in addition basis with funds provided for the same pur- therefor, as authorized by law (5 U.S.C. 5901– $77,000,000 shall be derived by transfer from pose by the Department of Defense: Provided 5902). the fund entitled ‘‘Promote and Develop further, That except to the extent expressly SEC. 103. Not to exceed 5 percent of any ap- Fishery Products and Research Pertaining to prohibited by any other law, the Department propriation made available for the current American Fisheries’’: Provided further, That of Defense may delegate procurement func- fiscal year for the Department of Commerce of the $3,121,888,000 provided for in direct ob- tions related to the National Polar-orbiting in this Act may be transferred between such ligations under this heading $3,036,888,000 is Operational Environmental Satellite System appropriations, but no such appropriation appropriated from the general fund, to officials of the Department of Commerce shall be increased by more than 10 percent $80,000,000 is provided by transfer, and pursuant to section 2311 of title 10, United by any such transfers: Provided, That any $5,000,000 is derived from recoveries of prior States Code: Provided further, That any devi- transfer pursuant to this section shall be year obligations: Provided further, That of ation from the amounts designated for spe- treated as a reprogramming of funds under the funds provided under this heading, cific activities in the report accompanying section 505 of this Act and shall not be avail- $250,000 is made available until expended sub- this Act, or any use of deobligated balances able for obligation or expenditure except in ject to procedures set forth in section 209 of of funds provided under this heading in pre- compliance with the procedures set forth in Public Law 108–447: Provided further, That no vious years, shall be subject to the proce- that section: Provided further, That the Sec- general administrative charge shall be ap- dures set forth in section 505 of this Act. retary of Commerce shall notify the Senate

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.123 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12791 Committee on Appropriations at least 15 (1) deleting section 5; priated $7,500,000 of the amount provided in days in advance of the acquisition or dis- (2) deleting paragraphs (1) and (3) of sec- this Act for National Oceanic and Atmos- posal of any capital asset (including land, tion 4; and pheric Administration’s ‘‘Operations, re- structures, and equipment) not specifically (3) redesignating paragraphs (2) and (4) search, and facilities’’ to implement this provided for in this or any other Depart- through (13) as paragraphs (1) through (11). program. ments of Commerce, Justice, Science, and (b) Section 212(b) of the National Technical (d) CLARIFICATION.—Nothing in this section Related Agencies Appropriations Act: Pro- Information Act of 1988 (Public Law 100–519), is intended to enlarge or diminish Federal or vided further, That for the National Oceanic as amended, is amended by striking ‘‘Under State title, jurisdiction, or authority with and Atmospheric Administration this sec- Secretary of Commerce for Technology’’ and respect to the waters of the Northwestern tion shall provide for transfers among appro- inserting ‘‘Director of the National Institute Hawaiian Islands or the tidal or submerged priations made only to the National Oceanic of Standards and Technology’’. lands under any provision of State or Fed- and Atmospheric Administration and such SEC. 110. The Secretary of Commerce is eral law. appropriations may not be transferred and permitted to prescribe and enforce standards SEC. 113. NIST BUILDING 1 EXTENSION. Of reprogrammed to other Department of Com- or regulations affecting safety and health in the funds appropriated elsewhere in this Act, merce bureaus and appropriation accounts. the context of scientific and occupational $28,000,000 are available for obligation and SEC. 104. Any costs incurred by a depart- diving within the National Oceanic and At- expenditure as an additional increment to mospheric Administration. ment or agency funded under this title re- funds previously appropriated for this SEC. 111. NOAA PACIFIC REGIONAL CENTER. sulting from personnel actions taken in re- project. These funds may be expended incre- sponse to funding reductions included in this (a) IN GENERAL.—The National Oceanic and Atmospheric Administration (NOAA) is au- mentally through multiple year contracts title or from actions taken for the care and for design, construction and related activi- protection of loan collateral or grant prop- thorized to engage in planning, design, ac- quisition, renovation, construction and re- ties for the Building 1 Extension; and remain erty shall be absorbed within the total budg- available until expended. etary resources available to such department lated activities to complete NOAA’s Pacific Regional Center on Ford Island, Hawaii, con- This title may be cited as the ‘‘Department or agency: Provided, That the authority to of Commerce Appropriations Act, 2008’’. transfer funds between appropriations ac- sisting of the following: adaptive re-use and counts as may be necessary to carry out this renovation of hangars 175 and 176, and con- TITLE II section is provided in addition to authorities struction of a new interconnecting building DEPARTMENT OF JUSTICE and other related structures. Funds are here- included elsewhere in this Act: Provided fur- GENERAL ADMINISTRATION ther, That use of funds to carry out this sec- by authorized to be appropriated for fiscal SALARIES AND EXPENSES tion shall be treated as a reprogramming of years beginning after September 2007 for pur- funds under section 505 of this Act and shall poses of completing the Center. For expenses necessary for the administra- (b) INCREMENTAL FUNDING.—Of the funds not be available for obligation or expendi- tion of the Department of Justice, appropriated elsewhere in this Act, ture except in compliance with the proce- $104,777,000, of which not to exceed $3,317,000 $20,250,000 are available for obligation and dures set forth in that section. is for security and construction of Depart- expenditure as an additional increment to SEC. 105. EXTENSION OF GUARANTEE AU- ment of Justice facilities, to remain avail- funds previously appropriated for the NOAA THORITY. (a) IN GENERAL.—Section 101(k) of able until expended: Provided, That the At- Pacific Regional Center. These funds may be the Emergency Steel Loan Guarantee Act of torney General is authorized to transfer expended incrementally through multiple 1999 (15 U.S.C. 1841 note) is amended by strik- funds appropriated within General Adminis- year contracts for design, construction and ing ‘‘2007’’ and inserting ‘‘2009’’. tration to any office in this account: Pro- related activities for the Center; and remain (b) CONFORMING AMENDMENTS.—Paragraphs vided further, That no appropriations for any available until expended. (1) and (2) of section 101(b) of the Emergency office within General Administration shall SEC. 112. PAPAHA¯ NAUMOKUA¯ KEA FISHERY Steel Loan Guarantee Act of 1999 (15 U.S.C. be increased or decreased by more than 5 per- REDUCTION. (a) IN GENERAL.—The 1841 note) are each amended by striking ‘‘in Papaha¯ naumokua¯ kea Marine National cent by all such transfers: Provided further, 1998’’ and inserting ‘‘since 1998’’. Monument was created by Presidential proc- That $12,684,000 is for Department Leader- (c) DEFINITION OF QUALIFIED STEEL COM- lamation on June 15, 2006 to protect more ship; $7,664,000 is for Intergovernmental Re- PANY.—Subparagraph (C) of section 101(c)(3) than 7,000 marine and terrestrial species in- lations/External Affairs; $11,832,000 is for Ex- of the Emergency Steel Loan Guarantee Act cluding protection for the habitat for the en- ecutive Support/Professional Responsibility; of 1999 (15 U.S.C. 1841 note) is amended by dangered Hawaiian monk seal, threatened and $72,597,000 is for the Justice Management striking ‘‘, in 1998’’ and inserting ‘‘in 1998, Hawaiian green sea turtle and other marine Division: Provided further, That any change and thereafter,’’. species. The Presidential proclamation will in funding greater than 5 percent shall be (d) SALARIES AND ADMINISTRATIVE EX- phase out all commercial fishing by June 15, submitted for approval to the Senate Com- PENSES.—The Emergency Steel Loan Guar- 2011. The Secretary of Commerce is author- mittee on Appropriations consistent with antee Act of 1999 (15 U.S.C. 1841 note) is the terms of section 505 of this Act: Provided amended by adding at the end the following: ized to conduct a voluntary capacity reduc- tion program to remove all commercial fish- further, That this transfer authority is in ad- ‘‘SEC. 103. SALARIES AND ADMINISTRATIVE EX- dition to transfers authorized under section PENSES. ing capacity in the area prior to that date. (b) REGULATIONS.—The Secretary shall pro- 505 of this Act: Provided further, That not to ‘‘(a) In addition to funds made available exceed $30,000 shall be available for official under section 101(j) of the Emergency Steel mulgate regulations for the voluntary capac- reception and representation expenses. Loan Guarantee Act of 1999 (15 U.S.C. 1841 ity reduction program that: note), up to $1,000,000 in funds made available (1) identifies eligible participants as those JUSTICE INFORMATION SHARING TECHNOLOGY under section 101(f) of such Act may be used individuals engaged in commercial fishing in For necessary expenses for information for salaries and administrative expenses to the designated waters within the sharing technology, including planning, de- ¯ ¯ administer the Emergency Steel Loan Guar- Papahanaumokuakea Marine National velopment, deployment and Departmental antee Program. Monument pursuant to a valid commercial direction, $95,795,000, to remain available ‘‘(b) Funds made available for salaries and Federal fishing permit in the 2006 fishing until expended: Provided, That, of the funds administrative expenses to administer the season; available, up to $21,000,000 is for the unified Emergency Steel Loan Guarantee Program (2) provides a mechanism to compensate el- financial management system to be adminis- shall remain available until expended.’’. igible participants for no more than the eco- tered by the Unified Financial Management SEC. 106. Notwithstanding any other provi- nomic value of their permits, their vessels or System Executive Council. sion of law, no funds appropriated under this vessel endorsements, and fishing gear; TACTICAL LAW ENFORCEMENT WIRELESS Act shall be used to register, issue, transfer, (3) ensures that commercial fishing vessels COMMUNICATIONS or enforce any trademark of the phrase of eligible participants cannot be used in ‘‘Last Best Place’’. fishing anywhere in the world; For the costs of conversion to narrowband SEC. 107. Section 3315(b) of title 19, United (4) for the commercial fishing vessels of el- communications, including the cost for oper- States Code, is amended by inserting ‘‘, in- igible participants, ensures ation and maintenance of Land Mobile Radio cluding food when sequestered,’’ following (A) that documentation be provided show- legacy systems, $76,353,000, to remain avail- ‘‘for the establishment and operations of the ing that such vessel has been scrapped or able until September 30, 2009: Provided, That United States Section and for the payment scuttled or, the Attorney General shall transfer to this of the United States share of the expenses’’. (B) that the Secretary of the department account all funds made available to the De- SEC. 108. Notwithstanding the require- in which the Coast Guard is operating places partment of Justice for the purchase of port- ments of subsection 4703(d), the personnel a title restriction on the fishing vessel per- able and mobile radios: Provided further, management demonstration project estab- manently prohibiting and effectively pre- That any transfer made under the preceding lished by the Department of Commerce pur- venting its use in fishing, and proviso shall be subject to section 505 of this suant to 5 U.S.C. 4703 may be expanded to in- (C) that the vessel must remain in Federal Act: Provided further, That the Attorney volve more than 5,000 individuals, and is ex- documentation and that the Maritime Ad- General shall transfer to the ‘‘Narrowband tended indefinitely. ministration will prohibit the reflagging of Communications/Integrated Wireless Net- SEC. 109. (a) The Stevenson-Wydler Tech- the vessel. work’’ account all funds made available in nology Innovation Act of 1980 (Public Law (c) AUTHORIZATION.—There is authorized no this Act to the Department of Justice for the 96–480), as amended, is amended by: more than $7,500,000 and there is appro- purchase of portable and mobile radios and

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.123 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12792 CONGRESSIONAL RECORD — SENATE October 4, 2007 related infrastructure and any transfer made the Vaccine Injury Compensation Trust supervision of expert witnesses, for private under this section shall be subject to section Fund. counsel expenses, including advances, and for 505 of this Act. ANTITRUST DIVISION expenses of foreign counsel, $168,300,000, to ADMINISTRATIVE REVIEW AND APPEALS SALARIES AND EXPENSES remain available until expended: Provided, That, not to exceed $10,000,000 may be made For expenses necessary for the administra- For expenses necessary for the enforce- available for construction of buildings for tion of pardon and clemency petitions and ment of antitrust and kindred laws, protected witness safesites: Provided further, immigration-related activities, $251,499,000, $155,097,000, to remain available until ex- That not to exceed $3,000,000 may be made of which $4,000,000 shall be derived by trans- pended: Provided, That, notwithstanding any available for the purchase and maintenance fer from the Executive Office for Immigra- other provision of law, not to exceed of armored and other vehicles for witness se- tion Review fees deposited in the ‘‘Immigra- $139,000,000 of offsetting collections derived curity caravans: Provided further, That not to tion Examinations Fee’’ account: Provided, from fees collected for premerger notifica- exceed $9,000,000 may be made available for That $4,000,000 shall be expended on the Ex- tion filings under the Hart-Scott-Rodino the purchase, installation, maintenance, and ecutive Office for Immigration Review’s Antitrust Improvements Act of 1976 (15 upgrade of secure telecommunications equip- Legal Orientation Programs. U.S.C. 18a), regardless of the year of collec- ment and a secure automated information tion, shall be retained and used for necessary DETENTION TRUSTEE network to store and retrieve the identities expenses in this appropriation, and shall re- For necessary expenses of the Federal De- and locations of protected witnesses. main available until expended: Provided fur- tention Trustee, $1,265,872,000: Provided, That COMMUNITY RELATIONS SERVICE the Trustee shall be responsible for man- ther, That the sum herein appropriated from SALARIES AND EXPENSES aging the Justice Prisoner and Alien Trans- the general fund shall be reduced as such off- portation System and for overseeing housing setting collections are received during fiscal For necessary expenses of the Community related to such detention: Provided further, year 2008, so as to result in a final fiscal year Relations Service, $10,230,000: Provided, That That any unobligated balances available in 2008 appropriation from the general fund es- notwithstanding section 105 of this Act, upon prior years from the funds appropriated timated at not more than $16,097,000. a determination by the Attorney General under the heading ‘‘Federal Prisoner Deten- UNITED STATES ATTORNEYS that emergent circumstances require addi- tion’’ shall be transferred to and merged SALARIES AND EXPENSES tional funding for conflict resolution and vi- olence prevention activities of the Commu- with the appropriation under the heading For necessary expenses of the Offices of the nity Relations Service, the Attorney General ‘‘Detention Trustee’’ and shall be available United States Attorneys, including inter- may transfer such amounts to the Commu- until expended: Provided further, That funds governmental and cooperative agreements, nity Relations Service, from available appro- not to exceed $5,000,000 shall be considered $1,747,822,000: Provided, That of the total priations for the current fiscal year for the ‘‘funds appropriated for State and local law amount appropriated, not to exceed $8,000,000 Department of Justice, as may be necessary enforcement assistance’’ pursuant to 18 shall be available for official reception and to respond to such circumstances: Provided U.S.C. 4013(b). representation expenses: Provided further, further, That any transfer pursuant to the OFFICE OF INSPECTOR GENERAL That not to exceed $20,000,000 shall remain previous proviso shall be treated as a re- available until expended. For necessary expenses of the Office of In- programming under section 505 of this Act spector General, $73,700,000, including not to UNITED STATES TRUSTEE SYSTEM FUND and shall not be available for obligation or exceed $10,000 to meet unforeseen emer- For necessary expenses of the United expenditure except in compliance with the gencies of a confidential character. States Trustee Program, as authorized, procedures set forth in that section. $231,899,000, to remain available until ex- UNITED STATES PAROLE COMMISSION ASSETS FORFEITURE FUND pended and to be derived from the United SALARIES AND EXPENSES States Trustee System Fund: Provided, That, For expenses authorized by subparagraphs For necessary expenses of the United notwithstanding any other provision of law, (B), (F), and (G) of section 524(c)(1) of title 28, States Parole Commission as authorized, deposits to the Fund shall be available in United States Code, $20,990,000, to be derived $12,194,000. such amounts as may be necessary to pay re- from the Department of Justice Assets For- LEGAL ACTIVITIES funds due depositors: Provided further, That, feiture Fund. GENERAL LEGAL ACTIVITIES notwithstanding any other provision of law, NATIONAL SECURITY DIVISION $184,000,000 of offsetting collections pursuant SALARIES AND EXPENSES SALARIES AND EXPENSES to 28 U.S.C. 589a(b) shall be retained and used For expenses necessary to carry out the ac- (INCLUDING TRANSFER OF FUNDS) for necessary expenses in this appropriation tivities of the National Security Division, For expenses necessary for the legal activi- and shall remain available until expended: $78,056,000; of which not to exceed $5,000,000 ties of the Department of Justice, not other- Provided further, That the sum herein appro- for information technology systems shall re- wise provided for, including not to exceed priated from the Fund shall be reduced as main available until expended: Provided, $20,000 for expenses of collecting evidence, to such offsetting collections are received dur- That notwithstanding section 204 of this Act, be expended under the direction of, and to be ing fiscal year 2008, so as to result in a final upon a determination by the Attorney Gen- accounted for solely under the certificate of, fiscal year 2008 appropriation from the Fund eral that emergent circumstances require the Attorney General; and rent of private or estimated at $0. additional funding for the activities of the Government-owned space in the District of FOREIGN CLAIMS SETTLEMENT COMMISSION National Security Division, the Attorney Columbia, $753,000,000, of which not to exceed SALARIES AND EXPENSES General may transfer such amounts to this $10,000,000 is for litigation support contracts For expenses necessary to carry out the ac- heading from available appropriations for and shall remain available until expended: the current fiscal year for the Department of Provided, That of the total amount appro- tivities of the Foreign Claims Settlement Commission, including services as author- Justice, as may be necessary to respond to priated, not to exceed $1,000 shall be avail- such circumstances: Provided further, That able to the United States National Central ized by section 3109 of title 5, United States Code, $1,709,000. any transfer pursuant to the previous pro- Bureau, INTERPOL, for official reception viso shall be treated as a reprogramming UNITED STATES MARSHALS SERVICE and representation expenses: Provided fur- under section 505 of this Act and shall not be ther, That notwithstanding section 105 of SALARIES AND EXPENSES available for obligation or expenditure ex- this Act, upon a determination by the Attor- For necessary expenses of the United cept in compliance with the procedures set ney General that emergent circumstances re- States Marshals Service, $896,860,000; of forth in that section. quire additional funding for litigation activi- which not to exceed $20,000 shall be available INTERAGENCY LAW ENFORCEMENT ties of the Civil Division, the Attorney Gen- for official reception and representation ex- INTERAGENCY CRIME AND DRUG ENFORCEMENT eral may transfer such amounts to ‘‘Salaries penses; of which not to exceed $4,000,000 shall and Expenses, General Legal Activities’’ be for information technology systems and For necessary expenses for the identifica- from available appropriations for the current shall remain available until expended: Pro- tion, investigation, and prosecution of indi- fiscal year for the Department of Justice, as vided, That not less than $12,397,000 shall be viduals associated with the most significant may be necessary to respond to such cir- available for the costs of courthouse security drug trafficking and affiliated money laun- cumstances: Provided further, That any equipment, including furnishings, reloca- dering organizations not otherwise provided transfer pursuant to the previous proviso tions, and telephone systems and cabling, for, to include inter-governmental agree- shall be treated as a reprogramming under and shall remain available until expended. ments with State and local law enforcement section 505 of this Act and shall not be avail- agencies engaged in the investigation and CONSTRUCTION able for obligation or expenditure except in prosecution of individuals involved in orga- compliance with the procedures set forth in For construction in space controlled, occu- nized crime drug trafficking, $509,154,000, of that section: Provided further, That in addi- pied, or utilized by the United States Mar- which $50,000,000 shall remain available until tion there is hereby appropriated $6,833,000 shals Service, $8,015,000, to remain available expended: Provided, That any amounts obli- for reimbursement of expenses of the Depart- until expended. gated from appropriations under this head- ment of Justice associated with processing FEES AND EXPENSES OF WITNESSES ing may be used under authorities available cases under the National Childhood Vaccine For fees and expenses of witnesses, for ex- to the organizations reimbursed from this Injury Act of 1986, to be appropriated from penses of contracts for the procurement and appropriation.

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FEDERAL BUREAU OF INVESTIGATION Provided further, That such funds shall be sure of statistical information concerning SALARIES AND EXPENSES available to investigate and act upon appli- total production, importation, and expor- cations filed by corporations for relief from tation by each licensed importer (as defined For necessary expenses of the Federal Bu- Federal firearms disabilities under section in section 921(a)(19) of title 18) and licensed reau of Investigation for detection, inves- 925(c) of title 18, United States Code: Pro- manufacturer (as defined in section 921(a)(10) tigation, and prosecution of crimes against vided further, That no funds made available of title 18): Provided, That no funds made the United States, $6,372,250,000; of which not by this or any other Act may be used to available by this or any other Act shall be to exceed $150,000,000 shall remain available transfer the functions, missions, or activities expended to promulgate or implement any until expended; and of which $2,308,580,000 of the Bureau of Alcohol, Tobacco, Firearms, rule requiring a physical inventory of any shall be for counterterrorism investigations, and Explosives to other agencies or Depart- business licensed under section 923 of title 18, foreign counterintelligence, and other activi- ments in fiscal year 2008: Provided further, United States Code: Provided further, That no ties related to national security: Provided, That no funds appropriated under this or any funds under this Act may be used to elec- That not to exceed $205,000 shall be available other Act with respect to any previous fiscal tronically retrieve information gathered for official reception and representation ex- year, fiscal year 2008, and any fiscal year pursuant to 18 U.S.C. 923(g)(4) by name or penses: Provided further, That not to exceed thereafter may be used to disclose all or part any personal identification code: Provided $170,000 shall be available for expenses asso- of any information received or generated by further, That no funds authorized or made ciated with the celebration of the 100th anni- the Bureau of Alcohol, Tobacco, Firearms available under this or any other Act may be versary of the FBI. and Explosives in connection with any re- used to deny any application for a license CONSTRUCTION quest to trace a firearm, or information re- under section 923 of title 18, United States For necessary expenses to construct or ac- quired to be kept by licensees pursuant to Code, or renewal of such a license due to a quire buildings and sites by purchase, or as 923(g) of title 18, United States Code, or re- lack of business activity, provided that the otherwise authorized by law (including quired to be reported pursuant to paragraphs applicant is otherwise eligible to receive equipment for such buildings); conversion (3) and (7) of title 18, United States Code, ex- such a license, and is eligible to report busi- and extension of Federally-owned buildings; cept— ness income or to claim an income tax de- and preliminary planning and design of (1) to an official of a Federal, State, tribal, duction for business expenses under the In- projects; $206,400,000, to remain available local, or foreign law enforcement agency or ternal Revenue Code of 1986: Provided further, until expended: Provided, That $63,700,000 a Federal, State, or local prosecutor, who That notwithstanding any other provision of shall be available for Sensitive Compart- certifies that the information is sought sole- law, home to work transportation currently mented Information Facilities (SCIFs). ly in connection with and for use in a bona allotted to Bureau of Alcohol, Tobacco, Fire- DRUG ENFORCEMENT ADMINISTRATION fide criminal investigation or bona fide arms and Explosives field operations is ex- SALARIES AND EXPENSES criminal prosecution, or for national secu- tended to headquarters executive Special rity or intelligence purposes, and will not be Agents and designees. For necessary expenses of the Drug En- used or disclosed for any other purpose; CONSTRUCTION forcement Administration, including not to (2) for use in an action or proceeding com- For necessary expenses to construct or ac- exceed $70,000,000 to meet unforeseen emer- menced by the Attorney General to enforce quire buildings and sites by purchase, or as gencies of a confidential character pursuant the provisions of chapter 44 of title 18, otherwise authorized by law (including to section 530C of title 28, United States United States Code; chapter 53 of title 26, equipment for such buildings); conversion Code; expenses for conducting drug edu- United States Code; chapter 3 of the Arms and extension of federally-owned buildings; cation and training programs, including Export Control Act; or a review of such an and preliminary planning and design or travel and related expenses for participants action or proceeding; or projects; $35,000,000, to remain available in such programs and the distribution of (3) for use in an action or proceeding com- until expended. items of token value that promote the goals menced by the Secretary of the Treasury to of such programs, $1,854,157,000; of which not enforce part III of subchapter D of chapter 32 FEDERAL PRISON SYSTEM to exceed $75,000,000 shall remain available of the Internal Revenue Code of 1986, or a re- SALARIES AND EXPENSES until expended; and of which not to exceed view of such an action or proceeding: $100,000 shall be available for official recep- For necessary expenses of the Federal Pris- tion and representation expenses. Provided further, That nothing in the pre- on System for the administration, operation, vious proviso shall be construed to prevent and maintenance of Federal penal and cor- BUREAU OF ALCOHOL, TOBACCO, FIREARMS, the sharing or exchange of such information rectional institutions, including purchase AND EXPLOSIVES among and between Federal, State, tribal, (not to exceed 640, of which 605 are for re- SALARIES AND EXPENSES local or foreign law enforcement agencies or placement only) and hire of law enforcement For necessary expenses of the Bureau of Federal, State, or local prosecutors, or na- and passenger motor vehicles, and for the Alcohol, Tobacco, Firearms, and Explosives, tional security, intelligence, or counter- provision of technical assistance and advice including not to exceed $50,000 for official re- terrorism officials, provided that such infor- on corrections related issues to foreign gov- ception and representation expenses; for mation, regardless of its source, is shared, ernments, $5,151,440,000: Provided, That the training of State and local law enforcement exchanged, or used solely in connection with Attorney General may transfer to the Health agencies with or without reimbursement, in- bona fide criminal investigations or bona Resources and Services Administration such cluding training in connection with the fide criminal prosecutions or for national se- amounts as may be necessary for direct ex- training and acquisition of canines for explo- curity or intelligence purposes: Provided fur- penditures by that Administration for med- sives and fire accelerants detection; and for ther, That information in the Firearms Trace ical relief for inmates of Federal penal and provision of laboratory assistance to State System database maintained by the National correctional institutions: Provided further, and local law enforcement agencies, with or Trace Center, including all information re- That the Director of the Federal Prison Sys- without reimbursement, $1,013,980,000, of ceived or generated by of the Bureau of Alco- tem, where necessary, may enter into con- which not to exceed $1,000,000 shall be avail- hol, Tobacco, Firearms and Explosives shall tracts with a fiscal agent or fiscal inter- able for the payment of attorneys’ fees as be immune from legal process, shall not be mediary claims processor to determine the provided by section 924(d)(2) of title 18, subject to subpoena or other discovery, shall amounts payable to persons who, on behalf United States Code; and of which $10,000,000 not be used, relied on, or disclosed in any of the Federal Prison System, furnish health shall remain available until expended: Pro- manner, and, regardless of when disclosed in- services to individuals committed to the cus- vided, That no funds appropriated herein cluding previously disclosed information, tody of the Federal Prison System: Provided shall be available for salaries or administra- shall not be admissible as evidence, nor shall further, That not to exceed $6,000 shall be tive expenses in connection with consoli- testimony or other evidence based on such available for official reception and represen- dating or centralizing, within the Depart- data be admissible as evidence, in any civil tation expenses: Provided further, That not to ment of Justice, the records, or any portion action pending on or filed after the effective exceed $50,000,000 shall remain available for thereof, of acquisition and disposition of date of this subparagraph in any State or necessary operations until September 30, firearms maintained by Federal firearms li- Federal court (including any court in the 2009: Provided further, That, of the amounts censees: Provided further, That no funds ap- District of Columbia), or in any administra- provided for Contract Confinement, not to propriated herein shall be used to pay admin- tive proceeding other than a proceeding com- exceed $20,000,000 shall remain available istrative expenses or the compensation of menced by the Bureau of Alcohol, Tobacco, until expended to make payments in advance any officer or employee of the United States Firearms and Explosives to enforce the pro- for grants, contracts and reimbursable agree- to implement an amendment or amendments visions of chapter 44 of title 18, United ments, and other expenses authorized by sec- to 27 CFR 178.118 or to change the definition States Code; chapter 53 of title 26, United tion 501(c) of the Refugee Education Assist- of ‘‘curios or relics’’ in 27 CFR 178.11 or re- States Code; chapter 3 of the Arms Export ance Act of 1980 (8 U.S.C. 1522 note), for the move any item from ATF Publication 5300.11 Control Act; a proceeding commenced by the care and security in the United States of as it existed on January 1, 1994: Provided fur- Secretary of the Treasury to enforce part III Cuban and Haitian entrants: Provided further, ther, That none of the funds appropriated of subchapter D of chapter 32 of the Internal That the Director of the Federal Prison Sys- herein shall be available to investigate or Revenue Code of 1986; or judicial review of tem may accept donated property and serv- act upon applications for relief from Federal such actions or proceedings. This provision ices relating to the operation of the prison firearms disabilities under 18 U.S.C. 925(c): shall not be construed to prevent the disclo- card program from a not-for-profit entity

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.123 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12794 CONGRESSIONAL RECORD — SENATE October 4, 2007 which has operated such program in the past not to exceed 3 percent of funds made avail- (B) of Public Law 98–473 are issued pursuant notwithstanding the fact that such not-for- able under this heading may be used for ex- to rules or guidelines that generally estab- profit entity furnishes services under con- penses related to evaluation, training, and lish a publicly-announced, competitive proc- tracts to the Federal Prison System relating technical assistance: Provided further, That ess: Provided further, That not more than to the operation of pre-release services, half- of the amount provided— $35,000,000 of balances made available as a re- way houses, or other custodial facilities. (1) $1,500,000 is for grants for televised tes- sult of prior year deobligations may be obli- BUILDINGS AND FACILITIES timony, as authorized by part N of the 1968 gated for program management and adminis- Act; tration: Provided further, That any balances For planning, acquisition of sites and con- (2) $186,500,000 is for grants to combat vio- made available as a result of prior year struction of new facilities; purchase and ac- lence and violent crimes against women, as deobligations in excess of $35,000,000 shall quisition of facilities and remodeling, and authorized by part T of the 1968 Act, of only be obligated in accordance with section equipping of such facilities for penal and cor- which— 505 of this Act: Provided further, That rectional use, including all necessary ex- (A) $2,000,000 shall be for the National In- amounts under this heading, or amounts penses incident thereto, by contract or force stitute of Justice for research and evaluation transferred to and merged with this account, account; and constructing, remodeling, and of violence against women; and for salaries and expenses are for not less equipping necessary buildings and facilities (B) $17,000,000 shall be for transitional than 590 permanent positions and not less at existing penal and correctional institu- housing assistance grants for victims of do- than 600 full-time equivalent workyears. tions, including all necessary expenses inci- mestic violence, stalking, or sexual assault STATE AND LOCAL LAW ENFORCEMENT dent thereto, by contract or force account, as authorized by section 40299(a) of the 1994 ASSISTANCE $495,000,000, to remain available until ex- Act; pended, of which not to exceed $14,000,000 For grants, contracts, cooperative agree- (3) $55,000,000 is for grants to encourage ar- ments, and other assistance authorized by shall be available to construct areas for in- rest policies as authorized by part U of the the Violent Crime Control and Law Enforce- mate work programs: Provided, That labor of 1968 Act; ment Act of 1994 (Public Law 103–322) (‘‘the United States prisoners may be used for (4) $39,500,000 is for rural domestic violence 1994 Act’’); the Omnibus Crime Control and work performed under this appropriation. and child abuse enforcement assistance Safe Streets Act of 1968 (‘‘the 1968 Act’’); the FEDERAL PRISON INDUSTRIES, INCORPORATED grants, as authorized by section 40295 of the Justice for All Act of 2004 (Public Law 108– The Federal Prison Industries, Incor- 1994 Act; 405); the Victims of Child Abuse Act of 1990 porated, is hereby authorized to make such (5) $5,500,000 is for training programs to as- (Public Law 101–647; 104 Stat. 9792) (‘‘the 1990 expenditures, within the limits of funds and sist probation and parole officers as author- Act’’); the Trafficking Victims Protection borrowing authority available, and in accord ized by section 40152 of the 1994 Act, and for Reauthorization Act of 2005 (Public Law 109– with the law, and to make such contracts related local demonstration projects; 164; 119 Stat. 3558); the Violence Against and commitments, without regard to fiscal (6) $3,900,000 is for grants to improve the Women and Department of Justice Reauthor- year limitations as provided by section 9104 stalking and domestic violence databases, as ization Act of 2005 (Public Law 109–162); and of title 31, United States Code, as may be authorized by section 40602 of the 1994 Act; the Victims of Trafficking and Violence Pro- necessary in carrying out the program set (7) $10,000,000 to reduce violent crimes tection Act of 2000 (Public Law 106–386); and forth in the budget for the current fiscal against women on campus, as authorized by other programs; $1,400,000,000 (including year for such corporation, including pur- section 304(a) of the 2005 Act; amounts for administrative costs, which chase (not to exceed five for replacement (8) $46,000,000 is for legal assistance for vic- shall be transferred to and merged with the only) and hire of passenger motor vehicles. tims, as authorized by section 1201(c) of the ‘‘Justice Assistance’’ account): Provided, 2000 Act; That funding provided under this heading LIMITATION ON ADMINISTRATIVE EXPENSES, shall remain available until expended, as fol- FEDERAL PRISON INDUSTRIES, INCORPORATED (9) $4,500,000 is for enhancing protection for older and disabled women from domestic vio- lows— Not to exceed $2,477,000 of the funds of the lence and sexual assault, as authorized by (1) $660,000,000 for the Edward Byrne Memo- Federal Prison Industries, Incorporated shall rial Justice Assistance Grant Program as au- section 40802(a) of the 1994 Act; be available for its administrative expenses, thorized by subpart 1 of part E of title I of (10) $14,500,000 is for the safe havens for and for services as authorized by section 3109 the 1968 Act, as amended by section 1111 of children pilot program, as authorized by sec- of title 5, United States Code, to be com- Public Law 109–162, of which— tion 1301(a) of the 2000 Act; puted on an accrual basis to be determined (A) $60,000,000 for Boys and Girls Clubs in (11) $7,100,000 is for education and training in accordance with the corporation’s current public housing facilities and other areas in to end violence against and abuse of women prescribed accounting system, and such cooperation with State and local law en- with disabilities, as authorized by section amounts shall be exclusive of depreciation, forcement, as authorized by section 401 of 1402(a) of the 2000 Act; payment of claims, and expenditures which the Economic Espionage Act of 1996 (42 (12) $10,000,000 is for sexual assault serv- such accounting system requires to be cap- U.S.C. 13751 note); and ices, as authorized by section 202 of the 2005 italized or charged to cost of commodities (B) $5,000,000 is for a program to improve Act; acquired or produced, including selling and State and local law enforcement intelligence (13) $2,000,000 is for services to advocate shipping expenses, and expenses in connec- capabilities including antiterrorism training and respond to youth, as authorized by sec- tion with acquisition, construction, oper- and training to ensure that constitutional tion 401 of the 2005 Act; ation, maintenance, improvement, protec- rights, civil liberties, civil rights, and pri- (14) $2,000,000 is for grants to assist chil- tion, or disposition of facilities and other vacy interests are protected throughout the dren and youth exposed to violence, as au- property belonging to the corporation or in intelligence process; thorized by section 303 of the 2005 Act; which it has an interest. (2) $400,000,000 for the State Criminal Alien (15) $1,000,000 is for analysis and research Assistance Program, as authorized by sec- OFFICE ON VIOLENCE AGAINST WOMEN on violence against Indian women, as au- tion 241(i)(5) of the Immigration and Nation- VIOLENCE AGAINST WOMEN PREVENTION AND thorized by section 904 of the 2005 Act; and ality Act (8 U.S.C. 1231(i)(5)), of which PROSECUTION PROGRAMS (16) $1,000,000 is for tracking of violence $30,000,000 for the Southwest Border Pros- For grants, contracts, cooperative agree- against Indian women, as authorized by sec- ecutor Initiative to reimburse State, county, ments, and other assistance for the preven- tion 905 of the 2005 Act. parish, tribal, or municipal governments tion and prosecution of violence against OFFICE OF JUSTICE PROGRAMS only for costs associated with the prosecu- women as authorized by the Omnibus Crime JUSTICE ASSISTANCE tion of criminal cases declined by local Control and Safe Streets Act of 1968 (42 For grants, contracts, cooperative agree- United States Attorneys offices; U.S.C. 4711 et seq.) (‘‘the 1968 Act’’); the Vio- ments, and other assistance authorized by (3) $190,000,000 for discretionary grants, lent Crime Control and Law Enforcement title I of the Omnibus Crime Control and notwithstanding the provisions of section 505 Act of 1994 (Public Law 103–322; 108 Stat. 1796) Safe Streets Act of 1968; the Missing Chil- of the 1968 Act; (‘‘the 1994 Act’’); the Prosecutorial Remedies dren’s Assistance Act (42 U.S.C. 5771 et seq.); (4) $15,000,000 for victim services programs and Other Tools to End the Exploitation of including salaries and expenses in connec- for victims of trafficking, as authorized by Children Today Act of 2003 (Public Law 108– tion therewith, the Prosecutorial Remedies section 107(b)(2) of Public Law 106–386; 21; 117 Stat. 650); the Juvenile Justice and and Other Tools to end the Exploitation of (5) $25,000,000 for Drug Courts, as author- Delinquency Prevention Act of 1974 (42 Children Today Act of 2003 (Public Law 108– ized by section 1001(25)(A) of title I of the U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Vic- 21); the Justice for All Act of 2004 (Public 1968 Act; tims of Trafficking and Violence Protection Law 108–405; 108 Stat. 2260); the Victims of (6) $10,000,000 for grants for residential sub- Act of 2000 (Public Law 106–386; 114 Stat. 1464) Child Abuse Act of 1990 (Public Law 101–647; stance abuse treatment for State prisoners, (‘‘the 2000 Act’’); and the Violence Against 104 Stat. 4792) (‘‘the 1990 Act’’); the Violence as authorized by part S of the 1968 Act; Women and Department of Justice Reauthor- Against Women and Department of Justice (7) $25,000,000 for the Capital Litigation Im- ization Act of 2005 (Public Law 109–162; 119 Reauthorization Act of 2005 (Public Law 109– provement Grant Program as authorized by Stat. 2960) (‘‘the 2005 Act’’); $390,000,000, in- 162); and the Victims of Crime Act of 1984 sections 421, 422, and 426 of Public Law 108– cluding amounts for administrative costs, to (Public Law 98–473; 98 Stat. 2170), $240,000,000, 405, to be equally divided between the Cap- remain available until expended: Provided, to remain available until expended: Provided, ital Prosecution Improvement Grants and That except as otherwise provided by law, That grants under subparagraphs (1)(A) and Capital Representation Improvement Grants;

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(8) $10,000,000 for mental health courts and 108–405), the Violence Against Women and JUVENILE JUSTICE PROGRAMS adult and juvenile collaboration program Department of Justice Reauthorization Act For grants, contracts, cooperative agree- grants, as authorized by parts V and HH of of 2005 (Public Law 109–162), the USA PA- ments, and other assistance authorized by title I of the 1968 Act; TRIOT Improvement and Reauthorization the Juvenile Justice and Delinquency Pre- (9) $2,000,000 for the National Sex Offender Act (Public Law 109–177; 120 Stat. 192) (in- vention Act of 1974 (‘‘the 1974 Act’’), the Om- Public Registry; cluding administrative costs), the Prosecu- nibus Crime Control and Safe Streets Act of (10) $1,000,000 for the Missing Alzheimer’s torial Remedies and Other Tools to End the 1968 (‘‘the 1968 Act’’), the Violence Against Disease Patient Alert Program, as author- Exploitation of Children Today Act of 2003 Women and Department of Justice Reauthor- ized by section 240001(c) of Public Law 106– (Public Law 108–21), $550,000,000, to remain ization Act of 2005 (Public Law 109–162), and 386; available until expended: Provided, That of other juvenile justice programs, including (11) $28,000,000 for assistance to Indian the funds under this heading, not to exceed salaries and expenses in connection there- tribes, of which— $2,575,000 shall be available for the Office of with to be transferred to and merged with (A) $15,000,000 shall be available for grants Justice Programs for any and all reimburs- the appropriations for Justice Assistance, under section 201109(a)(2) of subtitle A of able services, functions and activities associ- $340,000,000, to remain available until ex- title II of the 1994 Act; ated with programs administered by the Of- pended, as follows— (B) $8,000,000 shall be available for the fice of Community Oriented Policing Serv- (1) $500,000 is for coordination of Federal ef- ices including activities authorized by sec- Tribal Courts Initiative; and forts, as authorized by section 204 of the 1974 tions 1158 and 1159 of Public Law 109–162: Pro- (C) $5,000,000 shall be available for dem- Act; vided further, That section 1703(b) and (c) of onstration projects on alcohol and crime in (2) $73,000,000 is for State and local pro- the 1968 Act shall not apply to non-hiring Indian County; grams authorized by section 221 of the 1974 grants made pursuant to part Q of title I (42 (12) $5,000,000 for prison rape prevention U.S.C. 3796dd et seq.): Provided further, That Act, including training and technical assist- and prosecution programs, as authorized by the $15,000,000 provided to the National Insti- ance to assist small, non-profit organizations the Prison Rape Elimination Act of 2003 tute of Standards and Technology’s Office of with the Federal grants process; (Public Law 108–79); Law Enforcement Standards under this sec- (3) $76,500,000 is for demonstration projects, (13) $15,000,000 is for the court appointed tion shall be transferred directly to the Na- as authorized by sections 261 and 262 of the advocate program, as authorized by section tional Institute of Standards and Tech- 1974 Act; 217 of the 1990 Act; nology’s Office of Law Enforcement Stand- (4) $5,000,000 is for juvenile mentoring pro- (14) $4,000,000 is for child abuse training ards from the Community Oriented Policing grams; programs for judicial personnel and practi- Services Office: Provided further, That of the (5) $65,000,000 is for delinquency prevention, tioners, as authorized by section 222 of the amounts provided— as authorized by section 505 of the 1974 Act, 1990 Act; and (1) $25,000,000 is for the matching grant pro- of which— (15) $5,000,000 for prescription drug moni- gram for law enforcement armor vests as au- (A) $10,000,000 shall be for the Tribal Youth toring program: thorized by section 2501 of part Y of the 1968 Program; and Provided further, That, if a unit of local gov- Act; (B) $25,000,000 shall be for grants of $360,000 ernment uses any of the funds made avail- (2) $80,000,000 is for policing initiatives to to each State and $6,640,000 shall be available able under this title to increase the number combat illegal methamphetamine produc- for discretionary grants to States, for pro- of law enforcement officers, the unit of local tion, sale and use in ‘‘drug hot spots’’ as au- grams and activities to enforce State laws government shall achieve a net gain in the thorized by section 754 of Public Law 109–177; prohibiting the sale of alcoholic beverages to number of law enforcement officers who per- (3) $110,000,000 is for law enforcement tech- minors or the purchase or consumption of al- form nonadministrative public safety serv- nologies; coholic beverages by minors, prevention and ice. (4) $5,000,000 is for grants to upgrade crimi- reduction of consumption of alcoholic bev- WEED AND SEED PROGRAM FUND nal records, as authorized under the Crime erages by minors, and for technical assist- ance and training; For necessary expenses, including salaries Identification Technology Act of 1998 (42 (6) $10,000,000 is for the Secure Our Schools and related expenses of the Executive Office U.S.C. 14601); Act as authorized by part AA of the 1968 Act; for Weed and Seed, to implement ‘‘Weed and (5) $10,000,000 is for an offender re-entry (7) $20,000,000 for programs authorized by Seed’’ program activities, $50,000,000, to re- program; the Victims of Child Abuse Act of 1990; main available until September 30, 2008, for (6) $169,000,000 is for DNA analysis and ca- (8) $80,000,000 for the Juvenile Account- inter-governmental agreements, including pacity enhancement program, and for other ability Block Grants program as authorized grants, cooperative agreements, and con- State, local and Federal forensic activities, by part R of the 1968 Act and Guam shall be tracts, with State and local law enforcement of which— considered a State for the purpose of that agencies, nonprofit organizations, and agen- (A) $151,000,000 for the Debbie Smith DNA program; and cies of local government engaged in the in- Backlog Grants as authorized by Public Law (9) $10,000,000 shall be for gang resistance vestigation and prosecution of violent and 108–405 section 202; (B) $5,000,000 for the Kirk Bloodsworth education and training and programs: gang-related crimes and drug offenses in Provided, That not more than 2 percent of ‘‘Weed and Seed’’ designated communities, Post-Conviction DNA Testing Grant Pro- gram as authorized by Public Law 108–405 each amount may be used for research, eval- and for either reimbursements or transfers uation, and statistics activities designed to to appropriation accounts of the Department section 412 and section 413; (C) $6,000,000 for DNA Training and Edu- benefit the programs or activities author- of Justice and other Federal agencies which ized: Provided further, That not more than 2 shall be specified by the Attorney General to cation for Law Enforcement, Correctional Personnel, and Court Officers as authorized percent of each amount may be used for execute the ‘‘Weed and Seed’’ program strat- training and technical assistance: Provided egy: Provided, That funds designated by Con- by Public Law 108–405 section 303; (D) $5,000,000 for DNA Research and Devel- further, That the previous two provisos shall gress through language for other Depart- not apply to demonstration projects, as au- ment of Justice appropriation accounts for opment as authorized by Public Law 108–405 section 305; thorized by sections 261 and 262 of the 1974 ‘‘Weed and Seed’’ program activities shall be Act. managed and executed by the Attorney Gen- (E) $2,000,000 for the DNA Identification of PUBLIC SAFETY OFFICERS BENEFITS eral through the Executive Office for Weed Missing Persons as authorized by Public Law and Seed: Provided further, That the Attor- 108–405 section 308; For payments and expenses authorized by ney General may direct the use of other De- (7) $35,000,000 is for improving tribal law part L of title I of the Omnibus Crime Con- partment of Justice funds and personnel in enforcement, including equipment and train- trol and Safe Streets Act of 1968 (42 U.S.C. support of ‘‘Weed and Seed’’ program activi- ing assistance to Indian tribes; 3796), such sums as are necessary, as author- ties only after the Attorney General notifies (8) $6,000,000 is for training and technical ized by section 6093 of Public Law 100–690 (102 the Senate Committee on Appropriations in assistance; Stat. 4339–4340) (including amounts for ad- accordance with section 505 of this Act: Pro- (9) $40,000,000 is for Paul Coverdell Forensic ministrative costs, which amounts shall be vided further, That of the funds appropriated Sciences Improvement Grants under part BB paid to the ‘‘Justice Assistance’’ account), to for the Executive Office for Weed and Seed, of title I of the 1968 Act (42 U.S.C. 3797j et remain available until expended; and not to exceed $2,000,000 shall be directed for seq.); $5,000,000 for payments authorized by section comprehensive community development (10) $5,000,000 is for the National District 1201(b) of such Act; and $4,100,000 for edu- training and technical assistance. Attorneys Association to conduct prosecu- cational assistance, as authorized by section torial training by the National Advocacy 1212 of such Act: Provided, That, hereafter, COMMUNITY ORIENTED POLICING SERVICES Center; funds available to conduct appeals under sec- (INCLUDING TRANSFER OF FUNDS) (11) $55,000,000 is for a national grant pro- tion 1205(c) of the 1968 Act, which includes For activities authorized by the Violent gram to arrest and prosecute child predators all claims processing, shall be available also Crime Control and Law Enforcement Act of as authorized by section 1701(d) of part Q of for the same under subpart 2 of such part L 1994 (Public Law 103–322) (including adminis- title I of the 1968 Act as amended by section and under any statute authorizing payment trative costs), the Omnibus Crime Control 341 of Public Law 108–21; and of benefits described under subpart 1 thereof, and Safe Streets Act of 1968 (‘‘the 1968 Act’’), (12) Funds not to exceed $11,000,000 is for and for appeals from final decisions of the the Justice for All Act of 2004 (Public Law program management and administration. Bureau (under such part or any such statute)

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.124 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12796 CONGRESSIONAL RECORD — SENATE October 4, 2007 to the Court of Appeals for the Federal Cir- to purchase cable television services, to rent such parolees to prison: Provided, That no cuit, which shall have exclusive jurisdiction or purchase videocassettes, videocassette re- more than $8,000,000 shall be made available thereof (including those pending), and for ex- corders, or other audiovisual or electronic for such reimbursements from funds made penses of representation of hearing exam- equipment used primarily for recreational available in this Act. iners (who shall be presumed irrebuttably to purposes. SEC. 214. Notwithstanding any other provi- enjoy quasi-judicial immunity in the dis- (b) Subsection (a) shall not preclude the sion of law, no funds shall be available for charge of their duties under such part or any renting, maintenance, or purchase of audio- the salary, benefits, or expenses of any such statute) in connection with litigation visual or electronic equipment for inmate United States Attorney assigned dual or ad- against them arising from such discharge. training, religious, or educational programs. ditional responsibilities by the Attorney GENERAL PROVISIONS—DEPARTMENT OF SEC. 209. Any deviation from the amounts General or his designee that exempt that JUSTICE designated for specific activities in this Act United States Attorney from the residency and accompanying report, or any use of SEC. 201. None of the funds appropriated by requirements of 28 U.S.C. 545. this title shall be available to pay for an deobligated balances of funds provided under SEC. 215. None of the funds made available abortion, except where the life of the mother this title in previous years, shall be subject to the Department of Justice in this Act would be endangered if the fetus were carried to the procedures set forth in section 505 of may be obligated for the Federal Bureau of to term, or in the case of rape: Provided, this Act. Investigation’s Sentinel procurement until SEC. 210. Section 112 of title I as contained That should this prohibition be declared un- the Government Accountability Office has in division B of the Consolidated Appropria- constitutional by a court of competent juris- certified to the Senate Committee on Appro- tions Act, 2004 (Public Law 108–199) is amend- diction, this section shall be null and void. priations and the Senate Committee on the SEC. 202. None of the funds appropriated ed as follows: Judiciary that a performance measurement under this title shall be used to require any (1) by inserting in paragraph (a)(2)(A) ‘‘the baseline has been established and the Fed- person to perform, or facilitate in any way Commissioner of Health & Social Services eral Bureau of Investigation is using a per- the performance of, any abortion. for Alaska, a representative of an Alaska Na- formance-based management system that SEC. 203. Nothing in the preceding section tive healthcare provider’’ after ‘‘Village Pub- complies with the American National Stand- shall remove the obligation of the Director lic Safety Officer programs,’’; ards Institute/Electronics Industries Alli- of the Bureau of Prisons to provide escort (2) by inserting in paragraph (a)(2)(A) ‘‘and ance Standard 748–A, as required by Office of services necessary for a female inmate to re- a non-voting judge’’ after ‘‘non-voting rep- Management and Budget Circular A–11, Part ceive such service outside the Federal facil- resentative’’; and 7 to measure achievement of the cost, sched- ity: Provided, That nothing in this section in (3) by inserting in paragraph (a)(2)(A) ‘‘The ule and performance goals. any way diminishes the effect of section 202 Chief Justice of the Alaska Supreme Court SEC. 216. None of the funds appropriated in intended to address the philosophical beliefs may appoint a non-voting representative of this or any other Act shall be obligated for of individual employees of the Bureau of the Alaska Supreme Court to provide tech- any work, development or procurement of Prisons. nical support.’’ at the end of the paragraph. the Sentinel information technology pro- SEC. 204. Not to exceed 5 percent of any ap- SEC. 211. Section 589a of title 28, United gram phases III or IV until the Government propriation made available for the current States Code, is amended in subsection (b) Accountability Office certifies to the Senate fiscal year for the Department of Justice in by— Committee on Appropriations and the Sen- this Act may be transferred between such ap- (1) striking ‘‘and’’ in paragraph (8); ate Committee on the Judiciary that the propriations, but no such appropriation, ex- (2) striking the period in paragraph (9) and phase under construction has reached 70 per- cept as otherwise specifically provided, shall inserting ‘‘; and’’; and cent completion of the planned work and the be increased by more than 10 percent by any (3) adding the following new paragraph: estimated cost to complete the phase does such transfers: Provided, That any transfer ‘‘(10) fines imposed under section not exceed 35 percent of the budgeted cost pursuant to this section shall be treated as a 110(l)(4)(A) of title 11, United States Code.’’. for such phase. reprogramming of funds under section 505 of SEC. 212. (a) Section 1930(a) of title 28, This title may be cited as the ‘‘Department this Act and shall not be available for obliga- United States Code, is amended in paragraph of Justice Appropriations Act, 2008’’. (6) by striking everything after ‘‘whichever tion except in compliance with the proce- TITLE III dures set forth in that section: Provided fur- occurs first.’’ and inserting in lieu thereof: SCIENCE ther, That none of the funds appropriated to ‘‘The fee shall be $325 for each quarter in ‘‘Buildings and Facilities, Federal Prison which disbursements total less than $15,000; OFFICE OF SCIENCE AND TECHNOLOGY POLICY System’’ in this or any other Act may be $650 for each quarter in which disbursements For necessary expenses of the Office of transferred to ‘‘Salaries and Expenses, Fed- total $15,000 or more but less than $75,000; Science and Technology Policy, in carrying eral Prison System’’, or any other Depart- $975 for each quarter in which disbursements out the purposes of the National Science and ment of Justice account, unless the Presi- total $75,000 or more but less than $150,000; Technology Policy, Organization, and Prior- dent certifies that such a transfer is nec- $1,625 for each quarter in which disburse- ities Act of 1976 (42 U.S.C. 6601–6671), hire of essary to the national security interests of ments total $150,000 or more but less than passenger motor vehicles, and services as au- the United States, and such authority shall $225,000; $1,950 for each quarter in which dis- thorized by 5 U.S.C. 3109, not to exceed $2,500 not be delegated, and shall be subject to sec- bursements total $225,000 or more but less for official reception and representation ex- tion 505 of this Act. than $300,000; $4,875 for each quarter in which penses, and rental of conference rooms in the SEC. 205. The Attorney General is author- disbursements total $300,000 or more but less District of Columbia, $5,715,000. than $1,000,000; $6,500 for each quarter in ized to extend through September 30, 2009, NATIONAL AERONAUTICS AND SPACE which disbursements total $1,000,000 or more the Personnel Management Demonstration ADMINISTRATION Project transferred to the Attorney General but less than $2,000,000; $9,750 for each quar- SCIENCE, AERONAUTICS AND EXPLORATION pursuant to section 1115 of the Homeland Se- ter in which disbursements total $2,000,000 or curity Act of 2002, Public Law 107–296 (6 more but less than $3,000,000; $10,400 for each For necessary expenses in the conduct and U.S.C. 533) without limitation on the number quarter in which disbursements total support of science, aeronautics and explo- of employees or the positions covered. $3,000,000 or more but less than $5,000,000; ration research and development activities, SEC. 206. Notwithstanding any other provi- $13,000 for each quarter in which disburse- including research, development, operations, sion of law, Public Law 102–395 section 102(b) ments total $5,000,000 or more but less than support and services; space flight, spacecraft shall extend to the Bureau of Alcohol, To- $15,000,000; $20,000 for each quarter in which control and communications activities in- bacco, Firearms and Explosives in the con- disbursements total $15,000,000 or more but cluding operations, production, and services; duct of undercover investigative operations less than $30,000,000; $30,000 for each quarter program management; personnel and related and shall apply without fiscal year limita- in which disbursements total more than costs, including uniforms or allowances tion with respect to any undercover inves- $30,000,000. The fee shall be payable on the therefor, as authorized by 5 U.S.C. 5901–5902; tigative operation initiated by the Bureau of last day of the calendar month following the travel expenses; purchase and hire of pas- Alcohol, Tobacco, Firearms and Explosives calendar quarter for which the fee is owed.’’. senger motor vehicles; not to exceed $35,000 that is necessary for the detection and pros- (b) This section and the amendment made for official reception and representation ex- ecution of crimes against the United States. by this section shall take effect January 1, penses; and purchase, lease, charter, mainte- SEC. 207. None of the funds made available 2008, or the date of the enactment of this nance and operation of mission and adminis- to the Department of Justice in this Act Act, whichever is later. trative aircraft, $10,633,000,000, of which may be used for the purpose of transporting SEC. 213. Notwithstanding any other provi- $119,100,000 shall remain available until ex- an individual who is a prisoner pursuant to sion of law, during fiscal year 2008, Federal pended and $10,513,900,000 shall remain avail- conviction for crime under State or Federal reimbursement to the District of Columbia able until September 30, 2009: Provided, That, law and is classified as a maximum or high for felons newly sentenced by the District of of the amounts provided under this heading, security prisoner, other than to a prison or Columbia Superior Court shall commence no $5,655,110,000 shall be for science, $554,030,000 other facility certified by the Federal Bu- later than the date of sentencing for such shall be for aeronautics research, reau of Prisons as appropriately secure for felons; and Federal reimbursement to the $3,972,490,000 shall be for exploration sys- housing such a prisoner. District of Columbia for recommitted Dis- tems, and $521,380,000 shall be for cross-agen- SEC. 208. (a) None of the funds appropriated trict of Columbia parolees shall commence cy support programs: Provided further, That by this Act may be used by Federal prisons no later than the date of the commitment of the amounts in the previous proviso shall be

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reduced by $70,000,000 in corporate and gen- (C) the civil service full time equivalent AGENCY OPERATIONS AND AWARD MANAGEMENT eral administrative expenses and the reduc- assignments per headquarters office includ- For salaries and expenses necessary in car- tion shall be applied proportionally to each ing the number of Senior Executive Service, rying out the National Science Foundation amount therein: Provided further, That with- noncareer, detailee, and contract personnel Act of 1950, as amended (42 U.S.C. 1861–1875); in the amounts provided under this heading, per office. services authorized by 5 U.S.C. 3109; hire of management and operations of National Aer- (3) Concurrent with the submission of the passenger motor vehicles; not to exceed onautics and Atmospheric Administration budget to the Congress an accompanying vol- $9,000 for official reception and representa- centers shall not exceed $1,150,800,000; cor- ume shall be provided to the Committee on tion expenses; uniforms or allowances there- porate general and administrative costs shall Appropriations containing the following in- for, as authorized by 5 U.S.C. 5901–5902; rent- not exceed $345,000,000; and institutional in- formation for each center and federally fund- al of conference rooms in the District of Co- vestments, including planning, design, main- ed research and development center operated lumbia; and reimbursement of the General tenance, repair, rehabilitation and modifica- by the National Aeronautics and Space Ad- Services Administration for security guard tion of existing facilities, construction of ministration: services; $285,590,000: Provided, That con- new facilities, acquisition and condemnation (A) the actual, current, proposed funding of real property as authorized by law, and tracts may be entered into under ‘‘Agency level, and estimated budgets for the next five Operations and Award Management’’ in fis- environmental compliance and restoration fiscal years by directorate, theme, program, shall not exceed $195,500,000: Provided further, cal year 2008 for maintenance and operation project, and activity; of facilities, and for other services, to be pro- That funds provided under this heading shall (B) The proposed programmatic and non- be available only according to the terms and vided during the next fiscal year. programmatic construction of facilities; conditions specified in the committee report OFFICE OF THE NATIONAL SCIENCE BOARD (C) The number of civil service full time of the Senate accompanying this Act. equivalent positions per center for each iden- For necessary expenses (including payment EXPLORATION CAPABILITIES tified fiscal year; of salaries, authorized travel, hire of pas- For necessary expenses in the conduct and (D) The number of civil service full time senger motor vehicles, the rental of con- support of exploration capabilities research equivalent positions considered to be uncov- ference rooms in the District of Columbia, and development activities, including re- ered capacity at each location for each iden- and the employment of experts and consult- search, development, operations, support and tified fiscal year. ants under section 3109 of title 5, United services; space flight, spacecraft control and (4) Sufficient narrative shall be provided to States Code) involved in carrying out section communications activities including oper- explain the request for each program, 4 of the National Science Foundation Act of ations, production, and services; program project, and activity, and an explanation for 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 management; personnel and related costs, in- any deviation to previously adopted base- U.S.C. 1880 et seq.), $4,030,000: Provided, That cluding uniforms or allowances therefor, as lines for all justification materials provided not to exceed $9,000 shall be available for of- authorized by 5 U.S.C. 5901–5902; travel ex- to the Committee. ficial reception and representation expenses. penses; purchase and hire of passenger motor OFFICE OF INSPECTOR GENERAL vehicles; not to exceed $35,000 for official re- NATIONAL SCIENCE FOUNDATION ception and representation expenses; and RESEARCH AND RELATED ACTIVITIES For necessary expenses of the Office of In- purchase, lease, charter, maintenance and For necessary expenses in carrying out the spector General as authorized by the Inspec- operation of mission and administrative air- National Science Foundation Act of 1950, as tor General Act of 1978, as amended, craft, $6,792,000,000, of which $5,200,000 shall amended (42 U.S.C. 1861–1875), and the Act to $12,350,000, to remain available until Sep- remain available until expended and establish a National Medal of Science (42 tember 30, 2009. $6,786,800,000 shall remain available until U.S.C. 1880–1881); services as authorized by 5 This title may be cited as the ‘‘Science Ap- September 30, 2009: Provided, That of the U.S.C. 3109; maintenance and operation of propriations Act, 2008’’. amounts provided under this heading, aircraft and purchase of flight services for TITLE IV $4,007,760,000 shall be for Space Shuttle oper- research support; acquisition of aircraft; and RELATED AGENCIES ations, production, research, development, authorized travel; $5,156,090,000, to remain COMMISSION ON CIVIL RIGHTS and support and $2,238,610,000 shall be for available until September 30, 2009, of which International Space Station operations, pro- not to exceed $510,000,000 shall remain avail- SALARIES AND EXPENSES duction, research, development, and support: able until expended for Polar research and For necessary expenses of the Commission Provided further, That within the amounts operations support, and for reimbursement on Civil Rights, including hire of passenger provided under this heading, management to other Federal agencies for operational and motor vehicles, $9,000,000: Provided, That and operations of National Aeronautics and science support and logistical and other re- none of the funds appropriated in this para- Atmospheric Administration centers shall lated activities for the United States Ant- graph shall be used to employ in excess of not exceed $862,200,000; corporate general and arctic program: Provided, That from funds four full-time individuals under Schedule C administrative costs shall not exceed specified in the fiscal year 2008 budget re- of the Excepted Service exclusive of one spe- $263,700,000; and institutional investments, quest for icebreaking services, up to cial assistant for each Commissioner: Pro- including planning, design, maintenance, re- $57,000,000 shall be available for the procure- vided further, That none of the funds appro- pair, rehabilitation and modification of ex- priated in this paragraph shall be used to re- isting facilities, construction of new facili- ment of polar icebreaking services: Provided ties, acquisition and condemnation of real further, That the National Science Founda- imburse Commissioners for more than 75 property as authorized by law, and environ- tion shall only reimburse the Coast Guard billable days, with the exception of the mental compliance and restoration shall not for such sums as are agreed to according to chairperson, who is permitted 125 billable exceed $124,200,000: Provided further, That the existing memorandum of agreement: Pro- days. funds provided under this heading shall be vided further, That receipts for scientific sup- EQUAL EMPLOYMENT OPPORTUNITY available only according to the terms and port services and materials furnished by the COMMISSION National Research Centers and other Na- conditions specified in the committee report SALARIES AND EXPENSES of the Senate accompanying this Act. tional Science Foundation supported re- search facilities may be credited to this ap- For necessary expenses of the Equal Em- OFFICE OF INSPECTOR GENERAL propriation. ployment Opportunity Commission as au- For necessary expenses of the Office of In- thorized by title VII of the Civil Rights Act MAJOR RESEARCH EQUIPMENT AND FACILITIES spector General in carrying out the Inspec- of 1964 (29 U.S.C. 206(d) and 621–634), the CONSTRUCTION tor General Act of 1978, as amended, Americans with Disabilities Act of 1990, and $34,600,000. For necessary expenses for the acquisition, the Civil Rights Act of 1991, including serv- ADMINISTRATIVE PROVISION construction, commissioning, and upgrading ices as authorized by 5 U.S.C. 3109; hire of For fiscal year 2009 and hereafter, the Na- of major research equipment, facilities, and passenger motor vehicles as authorized by 31 tional Aeronautics and Space Administra- other such capital assets pursuant to the Na- U.S.C. 1343(b); non-monetary awards to pri- tion shall provide, at a minimum, the fol- tional Science Foundation Act of 1950, as vate citizens; and not to exceed $37,000,000 for lowing information in its annual budget jus- amended, including authorized travel, payments to State and local enforcement tification: $244,740,000, to remain available until ex- agencies for services to the Commission pur- (1) The actual, current, proposed funding pended. suant to title VII of the Civil Rights Act of level, and estimated budgets for the next five EDUCATION AND HUMAN RESOURCES 1964, sections 6 and 14 of the Age Discrimina- fiscal years by directorate, theme, program, For necessary expenses in carrying out tion in Employment Act, the Americans project and activity within each appropria- science and engineering education and with Disabilities Act of 1990, and the Civil tions account. human resources programs and activities Rights Act of 1991, $378,000,000: Provided, That (2) The budget for headquarters including— pursuant to the National Science Founda- funds made available under this heading (A) the budget by office for the actual, cur- tion Act of 1950, as amended (42 U.S.C. 1861– shall only be allocated in the manner speci- rent, proposed funding level, and estimated 1875), including services as authorized by 5 fied in the report accompanying this Act: budgets for the next five fiscal years; U.S.C. 3109, authorized travel, and rental of Provided further, That no funds made avail- (B) the travel budget for each office for the conference rooms in the District of Colum- able under this heading may be used to oper- actual, current, and proposed funding level; bia, $850,600,000, to remain available until ate the National Contact Center: Provided and September 30, 2009. further, That the Commission may take no

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.124 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12798 CONGRESSIONAL RECORD — SENATE October 4, 2007 action to implement any workforce repo- (Public Law 102–572), $3,500,000: Provided, tional Oceanic and Atmospheric Administra- sitioning, restructuring, or reorganization That not to exceed $2,500 shall be available tion in shipyards located outside of the until such time as the Senate Committee on for official reception and representation ex- United States. Appropriations has been notified of such pro- penses. SEC. 507. If it has been finally determined posals, in accordance with the reprogram- TITLE V by a court or Federal agency that any person intentionally affixed a label bearing a ‘‘Made ming requirements of section 505 of this Act. GENERAL PROVISIONS INTERNATIONAL TRADE COMMISSION in America’’ inscription, or any inscription SEC. 501. The Departments of Commerce with the same meaning, to any product sold SALARIES AND EXPENSES and Justice, the National Science Founda- in or shipped to the United States that is not For necessary expenses of the Inter- tion, and the National Aeronautics and made in the United States, the person shall national Trade Commission, including hire Space Administration shall provide to the be ineligible to receive any contract or sub- of passenger motor vehicles, and services as Senate Committee on Appropriations a quar- contract made with funds made available in authorized by 5 U.S.C. 3109, and not to exceed terly accounting of the cumulative balances this Act, pursuant to the debarment, suspen- $2,500 for official reception and representa- of any unobligated funds that were made sion, and ineligibility procedures described tion expenses, $68,400,000, to remain available available to any such agency in any previous in sections 9.400 through 9.409 of title 48, until expended. appropriations Act. Code of Federal Regulations. SEC. 502. No part of any appropriation con- LEGAL SERVICES CORPORATION SEC. 508. Any costs incurred by a depart- tained in this Act shall remain available for ment or agency funded under this Act result- PAYMENT TO THE LEGAL SERVICES obligation beyond the current fiscal year un- ing from personnel actions taken in response CORPORATION less expressly so provided herein. to funding reductions included in this Act For payment to the Legal Services Cor- SEC. 503. The expenditure of any appropria- shall be absorbed within the total budgetary poration to carry out the purposes of the tion under this Act for any consulting serv- resources available to such department or Legal Services Corporation Act of 1974, ice through procurement contract, pursuant agency: Provided, That the authority to $390,000,000, of which $373,000,000 is for basic to 5 U.S.C. 3109, shall be limited to those transfer funds between appropriations ac- field programs and required independent au- contracts where such expenditures are a counts as may be necessary to carry out this dits; $3,200,000 is for the Office of Inspector matter of public record and available for section is provided in addition to authorities General, of which such amounts as may be public inspection, except where otherwise included elsewhere in this Act: Provided fur- necessary may be used to conduct additional provided under existing law, or under exist- ther, That use of funds to carry out this sec- audits of recipients; $13,800,000 is for manage- ing Executive order issued pursuant to exist- tion shall be treated as a reprogramming of ment and administration; $3,000,000 is for cli- ing law. funds under section 505 of this Act and shall ent self-help and information technology: SEC. 504. If any provision of this Act or the not be available for obligation or expendi- Provided, That the Legal Services Corpora- application of such provision to any person ture except in compliance with the proce- tion may continue to provide locality pay to or circumstances shall be held invalid, the dures set forth in that section. officers and employees at a rate no greater remainder of the Act and the application of SEC. 509. None of the funds provided by this than that provided by the Federal Govern- each provision to persons or circumstances Act shall be available to promote the sale or ment to Washington, DC-based employees as other than those as to which it is held in- export of tobacco or tobacco products, or to authorized by 5 United States Code 5304, not- valid shall not be affected thereby. seek the reduction or removal by any foreign withstanding section 1005(d) of the Legal SEC. 505. (a) None of the funds provided country of restrictions on the marketing of Services Corporation Act, 42 United States under this Act, or provided under previous tobacco or tobacco products, except for re- Code 2996(d). appropriations Acts to the agencies funded strictions which are not applied equally to by this Act that remain available for obliga- ADMINISTRATIVE PROVISION—LEGAL SERVICES all tobacco or tobacco products of the same tion or expenditure in fiscal year 2008, or CORPORATION type. provided from any accounts in the Treasury SEC. 510. None of the funds appropriated None of the funds appropriated in this Act of the United States derived by the collec- to the Legal Services Corporation shall be pursuant to this Act or any other provision tion of fees available to the agencies funded of law may be used for— expended for any purpose prohibited or lim- by this Act, shall be available for obligation ited by, or contrary to any of the provisions (1) the implementation of any tax or fee in or expenditure through a reprogramming of connection with the implementation of sub- of, sections 501, 502, 503, 504, 505, and 506 of funds that: (1) creates new programs; (2) Public Law 105–119, and all funds appro- section 922(t) of title 18, United States Code; eliminates a program, project, or activity; and priated in this Act to the Legal Services Cor- (3) increases funds or personnel by any poration shall be subject to the same terms (2) any system to implement subsection means for any project or activity for which 922(t) of title 18, United States Code, that and conditions set forth in such sections, ex- funds have been denied or restricted; (4) relo- cept that all references in sections 502 and does not require and result in the destruc- cates an office or employees; (5) reorganizes tion of any identifying information sub- 503 to 1997 and 1998 shall be deemed to refer or renames offices, programs, or activities; instead to 2006 and 2007, respectively. mitted by or on behalf of any person who has or (6) contracts out or privatizes any func- been determined not to be prohibited from MARINE MAMMAL COMMISSION tions or activities presently performed by possessing or receiving a firearm no more SALARIES AND EXPENSES Federal employees; unless the Senate Com- than 24 hours after the system advises a Fed- For necessary expenses of the Marine mittee on Appropriations is notified 15 days eral firearms licensee that possession or re- Mammal Commission as authorized by title in advance of such reprogramming of funds. ceipt of a firearm by the prospective trans- (b) None of the funds provided under this II of Public Law 92–522, $3,000,000. feree would not violate subsection (g) or (n) Act, or provided under previous appropria- of section 922 of title 18, United States Code, OFFICE OF THE UNITED STATES TRADE tions Acts to the agencies funded by this Act or State law. REPRESENTATIVE that remain available for obligation or ex- SEC. 511. Notwithstanding any other provi- SALARIES AND EXPENSES penditure in fiscal year 2008, or provided sion of law, amounts deposited or available For necessary expenses of the Office of the from any accounts in the Treasury of the in the Fund established under 42 U.S.C. 10601 United States Trade Representative, includ- United States derived by the collection of in any fiscal year in excess of $625,000,000 ing the hire of passenger motor vehicles and fees available to the agencies funded by this shall not be available for obligation until the the employment of experts and consultants Act, shall be available for obligation or ex- following fiscal year. as authorized by 5 U.S.C. 3109, $47,800,000, of penditure for activities, programs, or SEC. 512. None of the funds made available which $1,000,000 shall remain available until projects through a reprogramming of funds to the Department of Justice in this Act expended: Provided, That not to exceed in excess of $500,000 or 10 percent, whichever may be used to discriminate against or deni- $124,000 shall be available for official recep- is less, that: (1) augments existing programs, grate the religious or moral beliefs of stu- tion and representation expenses: Provided projects, or activities; (2) reduces by 10 per- dents who participate in programs for which further, That negotiations shall be conducted cent funding for any existing program, financial assistance is provided from those within the World Trade Organization to rec- project, or activity, or numbers of personnel funds, or of the parents or legal guardians of ognize the right of members to distribute by 10 percent as approved by Congress; or (3) such students. monies collected from antidumping and results from any general savings, including SEC. 513. None of the funds made available countervailing duties: Provided further, That savings from a reduction in personnel, which in this Act may be transferred to any depart- negotiations shall be conducted within the would result in a change in existing pro- ment, agency, or instrumentality of the World Trade Organization consistent with grams, activities, or projects as approved by United States Government, except pursuant the negotiating objectives contained in the Congress; unless the Senate Committee on to a transfer made by, or transfer authority Trade Act of 2002, Public Law 107–210. Appropriations is notified 15 days in advance provided in, this Act or any other appropria- of such reprogramming of funds. tions Act. STATE JUSTICE INSTITUTE SEC. 506. Hereafter, none of the funds made SEC. 514. With the consent of the President, SALARIES AND EXPENSES available in this Act or any other Act may the Secretary of Commerce shall represent For necessary expenses of the State Jus- be used for the construction, repair (other the United States Government in negoti- tice Institute, as authorized by the State than emergency repair), overhaul, conver- ating and monitoring international agree- Justice Institute Authorization Act of 1992 sion, or modernization of vessels for the Na- ments regarding fisheries, marine mammals,

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.124 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12799 or sea turtles: Provided, That the Secretary Science Foundation totaling more than section (a) of section 315 of the National Aer- of Commerce shall be responsible for the de- $75,000,000 has reasonable cause to believe onautics and Space Administration Act of velopment and interdepartmental coordina- that the total program cost has increased by 1958 (42 U.S.C. 2459j) is amended— tion of the policies of the United States with 10 percent, the program manager shall imme- (1) by striking ‘‘Notwithstanding any other respect to the international negotiations and diately inform the Secretary, Administrator, provision of law, the Administrator’’ and in- agreements referred to in this section. or Director. The Secretary, Administrator, serting ‘‘The Administrator’’; and SEC. 515. Any funds provided in this Act or Director shall notify the Senate Com- (2) by striking ‘‘any real property’’ and in- used to implement E-Government Initiatives mittee on Appropriations within 30 days in serting ‘‘any non-excess real property and re- shall be subject to the procedures set forth writing of such increase, and shall include in lated personal property’’; and in section 505 of this Act. such notice: the date on which such deter- (3) by striking ‘‘at no more than two (2) SEC. 516. ACCOUNTABILITY AND TRANS- mination was made; a statement of the rea- National Aeronautics and Space Administra- PARENCY OF ACTIVITIES CARRIED OUT WITH sons for such increases; the action taken and tion (NASA) centers’’. FUNDS PROVIDED BY THIS ACT. (a) AUDIT proposed to be taken to control future cost (b) CONSIDERATION.—Subsection (b) of such PROGRESS REPORTS.—The Inspectors General growth of the project; changes made in the section is amended— of the Department of Commerce, the Depart- performance or schedule milestones and the (1) in paragraph (1), by striking ‘‘consider- ment of Justice, the National Aeronautics degree to which such changes have contrib- ation’’ and all that follows through the end and Space Administration, and the National uted to the increase in total program costs of the paragraph and inserting ‘‘cash consid- Science Foundation shall conduct audits, or procurement costs; new estimates of the eration for the lease at fair market value as pursuant to the Inspector General Act (5 total project or procurement costs; and a determined by the Administrator.’’; U.S.C. App.), of grants or contracts for which statement validating that the project’s man- (2) by striking paragraph (2); funds are appropriated by this Act, and shall agement structure is adequate to control (3) by redesignating paragraph (3) as para- submit reports to Congress on the progress total project or procurement costs. graph (2); and of such audits, which may include prelimi- SEC. 519. None of the funds made available (4) in paragraph (2), as redesignated by nary findings and a description of areas of in this Act shall be used in any way whatso- paragraph (3) of this subsection— particular interest, within 180 days after ini- ever to support or justify the use of torture (A) in subparagraph (B), by striking tiating such an audit and every 180 days by any official or contract employee of the ‘‘maintenance’’ and all that follows through thereafter until any such audit is completed. United States Government. ‘‘centers selected for this demonstration pro- (b) AVAILABILITY TO THE PUBLIC.—Within 60 SEC. 520. Notwithstanding section 505 of gram’’ and inserting ‘‘capital revitalization days after the date on which an audit de- this Act, no funds shall be reprogrammed and construction projects and improvements scribed in subsection (a) by an Inspector within or transferred between appropriations of real property assets and related personal General is completed, the Secretary, Attor- after June 30, except in extraordinary cir- property under the jurisdiction of the Ad- ney General, Administrator, or Director, as cumstances. ministrator’’; and appropriate, shall make the results of the SEC. 521. Funds appropriated by this Act, audit available to the public on the Internet or made available by the transfer of funds in (B) by adding at the end the following new website maintained by the Department, Ad- this Act, for intelligence or intelligence re- subparagraph: ministration, or Foundation, respectively. lated activities are deemed to be specifically ‘‘(C) Amounts utilized under subparagraph The results shall be made available in re- authorized by the Congress for purposes of (B) may not be utilized for daily operating dacted form to exclude— section 504 of the National Security Act of costs.’’. (1) any matter described in section 552(b) of 1947 (50 U.S.C. 414) during fiscal year 2008 (c) LEASE RESTRICTIONS.—Subsection (e) of title 5, United States Code; and until the enactment of the Intelligence Au- such section is amended— (2) sensitive personal information for any thorization Act for Fiscal Year 2008. (1) by striking ‘‘LEASE RESTRICTIONS.— individual, the public access to which could SEC. 522. The Offices of Inspectors General NASA’’ and inserting the following: ‘‘LEASE be used to commit identity theft or for other funded under this Act shall forward copies of RESTRICTIONS.— inappropriate or unlawful purposes. all audit reports to the Senate Committee on ‘‘(1) NASA’’; and (c) PROHIBITED USE OF FUNDS.—A grant or Appropriations immediately after they are (2) by adding at the end the following new contract funded by amounts appropriated by issued and immediately make the Com- paragraph: this Act may not be used for the purpose of mittee aware of any review that recommends ‘‘(2) NASA is not authorized to enter into defraying the costs of a banquet or con- cancellation of, or modification to, any an out-lease under this section unless the ference that is not directly and program- major acquisition project or grant, or that Administrator certifies that such out-lease matically related to the purpose for which recommends significant budgetary savings: will not have a negative impact on NASA’s the grant or contract was awarded, such as a Provided, That the Offices of Inspectors Gen- mission.’’. banquet or conference held in connection eral funded under this Act shall withhold (d) REPEAL OF PLAN AND REPORTING RE- with planning, training, assessment, review, from public distribution for a period of 15 QUIREMENTS.—Such section is further amend- or other routine purposes related to a project days any final audit or investigation report ed by striking subsection (f). funded by the grant or contract. that was requested by the Senate Committee (e) SUNSET.—Such section is further (d) CONFLICT OF INTEREST STATEMENT.— on Appropriations. Any person awarded a grant or contract SEC. 523. Hereafter, none of the funds made amended by adding at the end the following funded by amounts appropriated by this Act available by the Congress may be used to im- new subsection (f): shall submit a statement to the Secretary of plement, administer, or enforce any guide- ‘‘(f) SUNSET.—The authority to enter into Commerce, the Attorney General, the Ad- lines of the Equal Employment Opportunity leases under this section shall expire on the ministrator, or the Director, as appropriate, Commission covering harassment based on date that is ten years after the date of the certifying that no funds derived from the religion, when it is made known to the Fed- enactment of the Commerce, Justice, grant or contract will be made available eral entity or official to which such funds Science, and Related Agencies Appropria- through a subcontract or in any other man- are made available that such guidelines do tions Act of 2008. The expiration under this ner to another person who has a financial in- not differ in any respect from the proposed subsection of authority to enter into leases terest in the person awarded the grant or guidelines published by the Commission on under this section shall not affect the valid- contract. October 1, 1993 (58 Fed. Reg. 51266). ity or term of leases or NASA’s retention of (e) APPLICATION TO OTHER FEDERAL GRANTS SEC. 524. None of the funds in this Act or proceeds from leases entered into under this AND CONTRACTS.—The provisions of the pre- prior Acts making appropriations for the De- section before the date of the expiration of ceding subsections of this section shall take partment of Justice may be used to make a such authority.’’. effect 30 days after the date on which the Di- grant allocation, a discretionary grant (f) CONFORMING AMENDMENT.—The heading rector of the Office and Management and award, or a discretionary contract award of such section is amended by striking ‘‘En- Budget, in consultation with the Director of that is specified in the report accompanying hanced-use lease of real property demonstra- the Office of Government Ethics, determines this Act, or to publicly announce the inten- tion’’ and inserting ‘‘Lease of non-excess that a uniform set of rules and requirements, tion to make such an award, unless the At- property’’. substantially similar to the requirements in torney General, Secretary, Administrator or SEC. 527. LIMITATION. (a) IN GENERAL.— such subsections, consistently apply under Director of the appropriate agency or bureau None of the funds made available in this Act the executive branch ethics program to all notifies the Senate Committee on Appropria- shall be used to initiate or participate in a Federal departments, agencies, and entities. tions, at least three full business days in ad- civil action by or on the behalf of the Equal SEC. 517. None of the funds appropriated or vance: Provided, That no notification shall Employment Opportunity Commission otherwise made available under this Act may involve funds that are not available for obli- against an entity on the grounds that the en- be used to issue patents on claims directed gation. to or encompassing a human organism. SEC. 525. None of the funds provided in this tity requires an employee to speak English SEC. 518. If at any time during any quarter, Act may be used to implement an involun- while engaged in work. the program manager of a project within the tary reduction in force at any NASA center (b) EFFECTIVE DATE.—Subsection (a) shall jurisdiction of the Departments of Com- during fiscal year 2008. apply with respect to all civil actions that merce or Justice, the National Aeronautics SEC. 526. (a) MODIFICATION OF ENHANCED- commence on or after the date of enactment and Space Administration, or the National USE LEASE AUTHORITY FOR NASA.—Sub- of this Act.

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.124 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12800 CONGRESSIONAL RECORD — SENATE October 4, 2007 TITLE VI duty Deputy United States Marshals as- ians, established by the Commission on War- RESCISSIONS signed to work on immigration-related mat- time Relocation and Internment of Civilians DEPARTMENT OF COMMERCE ters, including transporting prisoners and Act— working in Federal courthouses. (i) to investigate and determine facts and NATIONAL INSTITUTE OF STANDARDS AND (b) AUTHORIZATION OF APPROPRIATIONS.— circumstances surrounding the United TECHNOLOGY There are authorized to be appropriated to States’ relocation, internment, and deporta- INDUSTRIAL TECHNOLOGY SERVICES the Attorney General such sums as may be tion to Axis countries of Latin Americans of (RESCISSION) necessary for each of the fiscal years 2008 Japanese descent from December 1941 Of the unobligated balances available through 2012 to carry out subsection (a). through February 1948, and the impact of under this heading, $10,000,000 are rescinded. those actions by the United States; and SA 3214. Mr. INOUYE submitted an (ii) in investigating those facts and cir- DEPARTMENT OF JUSTICE amendment intended to be proposed by cumstances, to review directives of the GENERAL ADMINISTRATION him to the bill H.R. 3093, making ap- United States armed forces and the Depart- WORKING CAPITAL FUND propriations for the Departments of ment of State requiring the relocation, de- (RESCISSION) Commerce and Justice, and Science, tention in internment camps, and deporta- Of the unobligated balances available and Related Agencies for the fiscal tion to Axis countries of Latin Americans of under this heading, $41,000,000 are rescinded. Japanese descent; and year ending September 30, 2008, and for (B) recommend appropriate remedies, if DETENTION TRUSTEE other purposes; as follows: any, based on preliminary findings by the (RESCISSION) At the appropriate place, insert the fol- original Commission and new discoveries. Of the unobligated balances available lowing: (2) Not later than 1 year after the date of under this heading, $135,000,000 are rescinded. SEC. ll. (a) This section may be cited as the first meeting of the Commission pursu- the ‘‘Commission on Wartime Relocation and ant to subsection (c)(4)(A), the Commission LEGAL ACTIVITIES Internment of Latin Americans of Japanese shall submit a written report to Congress, ASSETS FORFEITURE FUND Descent Act’’. which shall contain findings resulting from (RESCISSION) (b) The purpose of this section is to estab- the investigation conducted under paragraph Of the unobligated balances available lish a fact-finding Commission to extend the (1)(A) and recommendations described in under this heading, $240,000,000 are rescinded. study of the Commission on Wartime Reloca- paragraph (1)(B). tion and Internment of Civilians to inves- (e)(1) The Commission or, at its direction, OFFICE OF JUSTICE PROGRAMS tigate and determine facts and cir- any subcommittee or member of the Com- JUSTICE ASSISTANCE cumstances surrounding the relocation, in- mission, may, for the purpose of carrying out (RESCISSION) ternment, and deportation to Axis countries this section— Of the unobligated balances available of Latin Americans of Japanese descent from (A) hold such public hearings in such cities under this heading, $87,500,000 are rescinded. December 1941 through February 1948, and and countries, sit and act at such times and places, take such testimony, receive such COMMUNITY ORIENTED POLICING SERVICES the impact of those actions by the United States, and to recommend appropriate rem- evidence, and administer such oaths as the (RESCISSION) edies, if any, based on preliminary findings Commission or such subcommittee or mem- Of the unobligated balances available by the original Commission and new discov- ber considers advisable; and under this heading, $37,500,000 are rescinded. eries. (B) require, by subpoena or otherwise, the This Act may be cited as the ‘‘Depart- (c)(1) There is established the Commission attendance and testimony of such witnesses ments of Commerce and Justice, Science, on Wartime Relocation and Internment of and the production of such books, records, and Related Agencies Appropriations Act, Latin Americans of Japanese descent (re- correspondence, memoranda, papers, docu- 2008’’. ferred to in this section as the ‘‘Commis- ments, tapes, and materials as the Commis- sion’’). sion or such subcommittee or member con- SA 3212. Mr. MCCONNELL (for Mr. (2) The Commission shall be composed of 9 siders advisable. DOMENICI) submitted an amendment in- members, who shall be appointed not later (2)(A) Subpoenas issued under paragraph tended to be proposed by Mr. MCCON- than 60 days after the date of enactment of (1) shall bear the signature of the Chair- person of the Commission and shall be served NELL to the bill H.R. 3093, making ap- this Act, of whom— (A) 3 members shall be appointed by the by any person or class of persons designated propriations for the Departments of by the Chairperson for that purpose. Commerce and Justice, and Science, President; (B) 3 members shall be appointed by the (B) In the case of contumacy or failure to and Related Agencies for the fiscal Speaker of the House of Representatives, on obey a subpoena issued under paragraph (1), year ending September 30, 2008, and for the joint recommendation of the majority the United States district court for the judi- cial district in which the subpoenaed person other purposes; which was ordered to leader of the House of Representatives and resides, is served, or may be found may issue lie on the table; as follows: the minority leader of the House of Rep- an order requiring such person to appear at resentatives; and At the appropriate place, insert the fol- any designated place to testify or to produce (C) 3 members shall be appointed by the lowing: documentary or other evidence. Any failure SEC. ll. Not later than 180 days after the President pro tempore of the Senate, on the to obey the order of the court may be pun- date of the enactment of this Act, the Sec- joint recommendation of the majority leader ished by the court as a contempt of that retary of Homeland Security shall issue reg- of the Senate and the minority leader of the court. ulations that authorize a national of Mexico, Senate. (3) Section 1821 of title 28, United States who enters the United States at a port of (3) Members shall be appointed for the life Code, shall apply to witnesses requested or entry in New Mexico with a valid Border of the Commission. A vacancy in the Com- subpoenaed to appear at any hearing of the Crossing Card (as described in section mission shall not affect its powers, but shall Commission. The per diem and mileage al- 212.1(c)(1)(i) of title 8, Code of Federal Regu- be filled in the same manner as the original lowances for witnesses shall be paid from lations), to travel in New Mexico within 75 appointment was made. funds available to pay the expenses of the miles of the international border between (4)(A) The President shall call the first Commission. the United States and Mexico. meeting of the Commission not later than (4) The Commission may secure directly the later of— from any Federal department or agency such SA 3213. Mr. MCCONNELL (for Mr. (i) 60 days after the date of enactment of information as the Commission considers this Act; or DOMENICI) submitted an amendment in- necessary to perform its duties. Upon re- (ii) 30 days after the date of enactment of tended to be proposed by him to the quest of the Chairperson of the Commission, legislation making appropriations to carry the head of such department or agency shall bill H.R. 3093, making appropriations out this section. furnish such information to the Commission. for the Departments of Commerce and (B) Except as provided in subparagraph (A), (5) The Commission may use the United Justice, and Science, and Related the Commission shall meet at the call of the States mails in the same manner and under Agencies for the fiscal year ending Sep- Chairperson. the same conditions as other departments tember 30, 2008, and for other purposes; (5) Five members of the Commission shall and agencies of the Federal Government. as follows: constitute a quorum, but a lesser number of (f)(1) Each member of the Commission who members may hold hearings. is not an officer or employee of the Federal At the appropriate place, insert the fol- (6) The Commission shall elect a Chair- Government shall be compensated at a rate lowing: person and Vice Chairperson from among its equal to the daily equivalent of the annual SEC. ll. DEPUTY UNITED STATES MARSHALS. members. The Chairperson and Vice Chair- rate of basic pay prescribed for level IV of (a) INCREASE POSITIONS.—In each of the fis- person shall serve for the life of the Commis- the Executive Schedule under section 5315 of cal years 2008 through 2012, the Attorney sion. title 5, United States Code, for each day (in- General, subject to the availability of appro- (d)(1) The Commission shall— cluding travel time) during which such mem- priations, shall increase by not less than 50 (A) extend the study of the Commission on ber is engaged in the performance of the du- the number of positions for full-time active Wartime Relocation and Internment of Civil- ties of the Commission. All members of the

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Commission who are officers or employees of (1) a description of the subject of and num- (2) DIRECTOR.—The term ‘‘Director’’ means the United States shall serve without com- ber of participants attending that con- the Director of the Office of Management pensation in addition to that received for ference; and Budget. their services as officers or employees of the (2) a detailed statement of the costs to the (3) KEY DECISION POINT.—The term ‘‘key de- United States. Government relating to that conference, in- cision point’’ means the initiation of pro- (2) The members of the Commission shall cluding— curement for a major system or subsystem of be allowed travel expenses, including per (A) the cost of any food or beverages; a program. diem in lieu of subsistence, at rates author- (B) the cost of any audio-visual services; (4) MAJOR MILESTONE APPROVAL.—The term ized for employees of agencies under sub- and ‘‘major milestone approval’’ means a deci- chapter I of chapter 57 of title 5, United (C) a discussion of the methodology used to sion to enter into development of a system States Code, while away from their homes or determine which costs relate to that con- for a program. regular places of business in the performance ference; and (5) PROGRAM.—The term ‘‘program’’ means of services for the Commission. (3) a description of the contracting proce- the programs of the National Oceanic and (3)(A) The Chairperson of the Commission dures relating to that conference, includ- Atmospheric Administration for which sat- may, without regard to the civil service laws ing— ellites will be acquired. and regulations, appoint and terminate the (A) whether contracts were awarded on a (6) SATELLITE.—The term ‘‘satellite’’ employment of such personnel as may be competitive basis for that conference; and means the satellites proposed to be acquired necessary to enable the Commission to per- (B) a discussion of any cost comparison for the National Oceanic and Atmospheric form its duties. conducted by the Department of Justice in Administration, other than the National (B) The Chairperson of the Commission evaluating potential contractors for that Polar-orbiting Operational Environmental may fix the compensation of the personnel conference. Satellite System (NPOESS). without regard to chapter 51 and subchapter (7) SECRETARY.—The term ‘‘Secretary’’ III of chapter 53 of title 5, United States means the Secretary of Commerce. Code, relating to classification of positions SA 3216. Ms. MIKULSKI proposed an and General Schedule pay rates, except that amendment to the bill H.R. 3093, mak- (c) INDEPENDENT COST ESTIMATES.— the rate of pay for the personnel may not ex- ing appropriations for the Departments (1) REQUIREMENT.—The Secretary may not ceed the rate payable for level V of the Exec- of Commerce and Justice, and Science, approve the development or acquisition of a utive Schedule under section 5316 of such and Related Agencies for the fiscal program unless an independent estimate of title. year ending September 30, 2008, and for the full life-cycle cost of the program has (4) Any Federal Government employee may other purposes; as follows: been considered by the Secretary. be detailed to the Commission without reim- (2) REGULATIONS.—The Secretary shall pre- bursement, and such detail shall be without After section 113, insert the following: scribe regulations governing the content and interruption or loss of civil service status or SEC. 114. LIMITATIONS ON SATELLITE ACQUISI- submission of the estimate required by para- privilege. TIONS BY THE DEPARTMENT OF graph (1). The regulations shall require that (5) The Chairperson of the Commission COMMERCE. each such estimate— may procure temporary and intermittent (a) CERTIFICATION.— (A) be prepared by an office or other entity services under section 3109(b) of title 5, (1) REQUIREMENT FOR CERTIFICATION.—Prior that is not under the supervision of the United States Code, at rates for individuals to the date that the certification described Under Secretary of Oceans and Atmosphere; that do not exceed the daily equivalent of in paragraph (2) is made, the Secretary may and the annual rate of basic pay prescribed for not— (B) include all costs of development, pro- level V of the Executive Schedule under sec- (A) obligate funds provided by this Act or curement, construction, operations, mainte- tion 5316 of such title. by previous appropriations Acts to acquire nance, and management of the program. (6) The Commission may— satellites; or (d) REQUIREMENT FOR ANALYSIS IF UNIT (A) enter into agreements with the Admin- (B) receive approval of— istrator of General Services to procure nec- COSTS EXCEED 15 PERCENT.— (i) a major milestone; or (1) REQUIREMENT.—If the percentage in- essary financial and administrative services; (ii) a key decision point. (B) enter into contracts to procure sup- crease in the acquisition cost of a program in (2) CONTENT OF CERTIFICATION.—The certifi- which the acquisition unit cost or procure- plies, services, and property; and cation described in this paragraph is a cer- (C) enter into contracts with Federal, ment unit cost exceeds 15 percent more than tification made by the Secretary and the Di- the baseline cost of the program, the Sec- State, or local agencies, or private institu- rector that— tions or organizations, for the conduct of re- retary shall initiate an analysis of the pro- (A) the technology utilized in the satellites gram. Such analysis of alternatives shall in- search or surveys, the preparation of reports, has been demonstrated in a relevant environ- and other activities necessary to enable the clude, at a minimum, the following: ment; (A) The projected cost to complete the pro- Commission to perform its duties. (B) the program has demonstrated a high (g) The Commission shall terminate 90 gram if current requirements are not modi- likelihood of accomplishing the its intended days after the date on which the Commission fied. goals; and submits its report to Congress under sub- (B) The projected cost to complete the pro- (C) the acquisition of satellites for use in section (d)(2). gram based on potential modifications to the the program represents a good value— (h)(1) There are authorized to be appro- requirements. (i) in consideration of the per unit cost and priated such sums as may be necessary to (C) The projected cost to complete the pro- the total acquisition cost of the program and carry out this section. gram based on design modifications, en- (2) Any sums appropriated under the au- in the context of the total resources avail- hancements to the producibility of the pro- thorization contained in this subsection able for the fiscal year in which the certifi- gram, and other efficiencies. shall remain available, without fiscal year cation is made and the future out-year budg- (D) The projected cost and capabilities of limitation, until expended. et projections for the Department of Com- the program that could be delivered within merce; and the originally authorized budget for the pro- SA 3215. Ms. MIKULSKI proposed an (ii) in consideration of the ability of the gram, including any increase or decrease in amendment to the bill H.R. 3093, mak- Secretary to accomplish the goals of the pro- capability. gram using alternative systems. ing appropriations for the Departments (E) The projected costs for an alternative (3) SUBMISSION TO CONGRESS.—Not later of Commerce and Justice, and Science, system or capability. than the 30 days after the date of the enact- (2) SUBMISSION TO CONGRESS.—The analysis and Related Agencies for the fiscal ment of this Act, the Secretary and the Di- of alternatives required under paragraph (1) year ending September 30, 2008, and for rector shall submit to the appropriate con- with respect to a program shall be— other purposes; as follows: gressional committees— (A) completed not later than 6 months On page 70, between lines 10 and 11, insert (A) the certification described in para- after the date of that the Secretary deter- the following: graph (2); or mines that the cost of the program exceeds SEC. 217. (a) The Attorney General shall (B) a report on the reasons that such cer- 15 percent more than the baseline cost of the submit quarterly reports to the Inspector tification cannot be made. program; and General of the Department of Justice regard- (b) DEFINITIONS.—In this section: (B) submitted to the appropriate congres- ing the costs and contracting procedures re- (1) APPROPRIATE CONGRESSIONAL COMMIT- sional committees not later than 30 days lating to each conference held by the Depart- TEES.—The term ‘‘appropriate congressional after the date the analysis is completed. ment of Justice during fiscal year 2008 for committees’’ means— (3) CLARIFICATION OF COST ESCALATION.— which the cost to the Government was more (A) the Committee on Appropriations and For the purposes of determining whether than $20,000. the Committee on Commerce, Science, and cost of the Geostationary Operational Envi- (b) Each report submitted under subsection Transportation of the Senate; and ronmental Satellite Program exceeds 15 per- (a) shall include, for each conference de- (B) the Committee on Appropriations and cent more than the baseline cost under para- scribed in that subsection held during the the Committee on Science and Technology of graph (1), the baseline cost of the such Pro- applicable quarter— the House of Representatives. gram is $6,960,000,000.

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.122 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12802 CONGRESSIONAL RECORD — SENATE October 4, 2007 SA 3217. Mr. BROWN submitted an the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ Byrne Memorial Justice Assistance Grant amendment intended to be proposed by under this title, $10,000,000 is for juvenile Program under subpart 1 of part E of title I him to the bill H.R. 3093, making ap- mentoring programs. of the Omnibus Crime Control and Safe propriations for the Departments of Streets Act of 1968 (42 U.S.C. 3751 et seq.) SA 3221. Mr. DORGAN submitted an during fiscal year 2008, the Attorney General Commerce and Justice, and Science, amendment intended to be proposed by shall deem the population of any State in and Related Agencies for the fiscal him to the bill H.R. 3093, making ap- which the President declared a major dis- year ending September 30, 2008, and for propriations for the Departments of aster (as that term is defined in section 102 other purposes; which was ordered to Commerce and Justice, and Science, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) lie on the table; as follows: and Related Agencies for the fiscal On page 70, after line 10, insert the fol- because of Hurricane Katrina of 2005 or Hur- year ending September 30, 2008, and for ricane Rita of 2005 to be the population of lowing: other purposes; which was ordered to SEC. ll. None of the funds appropriated that State during fiscal year 2004 or fiscal by this Act may be used to plan for, begin, lie on the table; as follows: year 2008, whichever is greater’’. continue, finish, process, or approve a public- On page 97, between lines 9 and 10, insert private competition under the Office of Man- the following: SA 3225. Mr. REID submitted an agement and Budget Circular A–76 or any SEC. 528. LIMITATION ON USE OF FUNDS FOR amendment intended to be proposed by successor administrative regulation, direc- NEGOTIATING FREE TRADE AGREEMENTS.— him to the bill H.R. 3093, making ap- tive, or policy for work performed by em- None of the funds obligated or otherwise propriations for the Departments of ployees of the Bureau of Prisons or of Fed- made available in this Act shall be used by Commerce and Justice, and Science, eral Prison Industries, Incorporated. the United States Trade Representative to and Related Agencies for the fiscal negotiate or enter into a free trade agree- year ending September 30, 2008, and for SA 3218. Mrs. MURRAY (for herself, ment with another country, unless the other purposes; as follows: Ms. CANTWELL, Mr. LEAHY, Mr. SCHU- United States Trade Representative esti- On page 26, after line 24, insert the fol- MER, Mr. CRAPO, Mr. TESTER, and Mrs. mates that, over the 5-year period beginning on the date the agreement enters into force, lowing: CLINTON) submitted an amendment in- the number of new jobs created in the United SEC. 114. UNITED STATES ECONOMIC DATA. tended to be proposed by her to the bill States will exceed the number of jobs lost in (a) Of the funds provided in this title for Eco- H.R. 3093, making appropriations for the United States as a result of the agree- nomic and Information Infrastructure under the Departments of Commerce and Jus- ment. the heading ‘‘ECONOMIC AND STATISTIC ANAL- tice, and Science, and Related Agencies YSIS’’, $950,000 shall be used to carry out the for the fiscal year ending September 30, SA 3222. Ms. LANDRIEU submitted study and report required under this section. 2008, and for other purposes; as follows: an amendment intended to be proposed (b) Not later than 60 days after the date of by her to the bill H.R. 3093, making ap- the enactment of this Act, the Secretary of On page 53, line 11, after ‘‘officers’’ insert Commerce shall enter into a contract with ‘‘and of which $20,000,000 shall be for the propriations for the Departments of the National Academy of Sciences to con- Northern Border Prosecutor Initiative to re- Commerce and Justice, and Science, duct a study and report on whether the im- imburse State, county, parish, tribal, or mu- and Related Agencies for the fiscal port price data published by the Bureau of nicipal governments only for costs associ- year ending September 30, 2008, and for Labor Statistics and other economic data ated with the prosecution of criminal cases other purposes; as follows: collected by the United States accurately re- declined by local United States Attorneys of- flect the economic condition of the United fices, subject to section 505 of this Act’’. On page 35, line 12, insert ‘‘: Provided fur- ther, That of the amount appropriated under States. (c)(1) The report required by subsection (b) SA 3219. Mrs. MURRAY submitted an this heading, $2,000,000 shall be used for sala- ries and expenses for hiring additional con- shall include an analysis of the methods used amendment intended to be proposed by to determine the condition of the United her to the bill H.R. 3093, making appro- ciliators for the regional offices of the Com- munity Relations Service of the Department States economy and shall address— priations for the Departments of Com- of Justice: Provided further, That not less (A) whether the statistical measure of the merce and Justice, and Science, and than 3 of the conciliators hired under the United States economy correctly interprets Related Agencies for the fiscal year preceding proviso shall be employed in re- the impact of imports and outsourced pro- ending September 30, 2008, and for gion 6’’ before the period. duction; other purposes; as follows: (B) whether the statistical measures of the United States economy result in an accurate On page 37, line 14, strike the period and SA 3223. Ms. LANDRIEU submitted an amendment intended to be proposed report of United States gross domestic prod- insert ‘‘: Provided further, That not later uct (GDP), productivity, and other aspects of than 60 days after the enactment of this Act, by her to the bill H.R. 3093, making ap- economic performance; the Director of the FBI shall submit to the propriations for the Departments of (C) whether the impact of imports on Committee on Appropriations of each House Commerce and Justice, and Science, United States manufacturing levels and a report that evaluates the FBI’s current and Related Agencies for the fiscal competitiveness is accurately reported; and work force allocation and assesses the right- year ending September 30, 2008, and for (D) whether other countries are accounting sizing and realignment of agents, analysts other purposes; as follows: for import prices more accurately or fre- and support personnel currently in field of- On page 57, line 23, after ‘‘Office:’’ insert quently than the United States. fices to better meet the FBI’s mission re- (2) If the findings of the report indicate the following: ‘‘Provided further, That the At- quirements and priorities.’’. that the methods used for accounting for im- torney General shall waive in whole the ported goods and United States wages result matching requirement under section 1701(g) SA 3220. Mr. MENENDEZ submitted in overstating economic growth, domestic of the Omnibus Crime Control and Safe an amendment intended to be proposed manufacturing output, and productivity Streets Act of 1968 (42 U.S.C. 3796dd(g)) for by him to the bill H.R. 3093, making ap- growth, the report shall include rec- any grant recipient located in a county or ommendations with respect to— propriations for the Departments of parish in which the President declared a (A) what actions should be taken to Commerce and Justice, and Science, major disaster (as that term is defined in produce more accurate import price indices and Related Agencies for the fiscal section 102 of the Robert T. Stafford Disaster on a regular basis; and year ending September 30, 2008, and for Relief and Emergency Assistance Act (42 (B) what other measures of economic anal- other purposes; as follows: U.S.C. 5122)) in response to Hurricane ysis should be used to accurately reflect the Katrina of 2005 or Hurricane Rita of 2005:’’. On page 70, between lines 10 and 11, insert globalization of economic activity and the following: SA 3224. Ms. LANDRIEU submitted offshoring of domestic production. SEC. 217. Notwithstanding any other provi- (d) The report required by subsection (b) sion of this title— an amendment intended to be proposed shall be completed and submitted to Con- (1) the amount appropriated under the by her to the bill H.R. 3093, making ap- gress not later than 18 months after the date heading ‘‘JUSTICE INFORMATION SHARING TECH- propriations for the Departments of of the contract described in subsection (b). NOLOGY’’ under the heading ‘‘GENERAL AD- Commerce and Justice, and Science, MINISTRATION’’ under this title is reduced by and Related Agencies for the fiscal SA 3226. Mr. CASEY submitted an $5,000,000; year ending September 30, 2008, and for amendment intended to be proposed by (2) the amount appropriated under the him to the bill H.R. 3093, making ap- heading ‘‘JUVENILE JUSTICE PROGRAMS’’ under other purposes; which was ordered to the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ lie on the table; as follows: propriations for the Departments of under this title is increased by $5,000,000; and On page 55, line 14, before the period insert Commerce and Justice, and Science, (3) of the amount appropriated under the the following: ‘‘: Provided further, That for and Related Agencies for the fiscal heading ‘‘JUVENILE JUSTICE PROGRAMS’’ under purposes of making grants under the Edward year ending September 30, 2008, and for

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JUVENILE ACCOUNTABILITY BLOCK amendment intended to be proposed to mine— GRANTS PROGRAM. amendment SA 3215 proposed by Ms. (i) the number of open investigations with- (a) IN GENERAL.—There are appropriated, in the Department for violations of criminal out of any money in the Treasury not other- MIKULSKI to the bill H.R. 3093, making civil rights statutes that occurred not later wise appropriated $30,000,000, for the Juvenile appropriations for the Departments of than December 31, 1969; Accountability Block Grants Program as au- Commerce and Justice, and Science, (ii) the number of new cases opened pursu- thorized by part R of the Omnibus Crime and Related Agencies for the fiscal ant to this section since the previous year’s Control and Safe Streets Act of 1968 (42 year ending September 30, 2008, and for study; U.S.C. 4711 et seq.), in addition to any other purposes; as follows: (iii) the number of unsealed Federal cases amounts appropriated for that program At the appropriate place, insert the fol- charged within the study period, including under this title. lowing: the case names, the jurisdiction in which the (b) REDUCTIONS.—Notwithstanding any SEC. ll. LIMITATIONS ON FUNDING FOR CER- charges were brought, and the date the other provision of this Act, the amount ap- TAIN CONFERENCES. charges were filed; propriated under the heading ‘‘JUSTICE IN- Notwithstanding any other provision of (iv) the number of cases referred by the De- FORMATION SHARING TECHNOLOGY ’’ under the this Act, not more than $15,000,000 of all partment to a State or local law enforce- heading ‘‘GENERAL ADMINISTRATION’’ under funds made available to the Department of ment agency or prosecutor within the study this title and the amount appropriated under Justice under this Act, may be available for period, the number of such cases that re- the heading ‘‘TACTICAL LAW ENFORCEMENT any expenses related to conferences, includ- sulted in State charges being filed, the juris- WIRELESS COMMUNICATIONS ’’ under the head- ing for conference programs, travel costs, diction in which such charges were filed, the ing ‘‘GENERAL ADMINISTRATION’’ under this and related expenses. No funds appropriated date the charges were filed, and if a jurisdic- title are each reduced by $15,000,000. under this Act may be used to support a con- tion declines to prosecute or participate in ference sponsored by any organization an investigation of a case so referred, the Ms. MIKULSKI (for Mr. DOR- SA 3227. named as an unindicted co-conspirator by fact it did so; GAN (for himself, Ms. STABENOW, Mr. the Government in any criminal prosecution. (v) the number of cases within the study HAGEL, Mr. REED, Mr. LEVIN, and Mr. Mr. SHELBY (for himself period that were closed without Federal BIDEN)) proposed an amendment to the SA 3231. prosecution, the case names of unsealed Fed- bill H.R. 3093, making appropriations and Ms. MIKULSKI) proposed an amend- eral cases, the dates the cases were closed, for the Departments of Commerce and ment to the bill H.R. 3093, making ap- and the relevant federal statutes; Justice, and Science, and Related propriations for the Departments of (vi) the number of attorneys who worked, Agencies for the fiscal year ending Sep- Commerce and Justice, and Science, in whole or in part, on any case described in tember 30, 2008, and for other purposes; and Related Agencies for the fiscal paragraph (2)(A); and (vii) the applications submitted for grants as follows: year ending September 30, 2008, and for other purposes; as follows: under subsection (e), the award of such On page 52, line 5, strike ‘‘$1,400,000,000’’ grants, and the purposes for which the grant On page 28 line 3 strike ‘‘.’’ And insert ‘‘: and insert ‘‘$1,415,000,000’’. amount were expended. On page 53, strike lines 18 and 19 and insert Provided further, That $10,000,000 shall only (B) Not later than 6 months after the date the following: be used to address the health safety and se- of enactment of this Act, and each year (5) $40,000,000 for Drug Courts, as author- curity issues identified in the United States thereafter, the Attorney General shall pre- ized by section 1001(25)(A) of title I of the Department of Justice, Office of Inspector pare and submit to Congress a report con- 1968 Act: Provided, That of the unobligated General Report 1–2007–008,’’ taining the results of the study conducted balances available to the Department of Jus- under subparagraph (A). SA 3232. Mr. REID (for Mr. DODD (for tice (except for amounts made available for (d)(1) The Attorney General shall designate Drug Courts, as authorized by section himself, Ms. LANDRIEU, Mr. BIDEN, Mrs. a Supervisory Special Agent in the Civil 1001(25)(A) of title I of the 1968 Act), MCCASKILL, and Mr. BROWN)) submitted Rights Unit of the Federal Bureau of Inves- $15,000,000 are rescinded; an amendment intended to be proposed tigation of the Department of Justice. by Mr. REID to the bill H.R. 3093, mak- (2)(A) The Supervisory Special Agent shall SA 3228. Ms. LANDRIEU submitted ing appropriations for the Departments be responsible for investigating violations of an amendment intended to be proposed of Commerce and Justice, and Science, criminal civil rights statutes that occurred by her to the bill H.R. 3093, making ap- and Related Agencies for the fiscal not later than December 31, 1969, and re- sulted in a death. propriations for the Departments of year ending September 30, 2008, and for (B) In investigating a complaint under sub- Commerce and Justice, and Science, other purposes; which was ordered to paragraph (A), the Supervisory Special and Related Agencies for the fiscal lie on the table; as follows: Agent may coordinate the investigative ac- year ending September 30, 2008, and for On page 70, between lines 10 and 11, insert tivities with State and local law enforce- other purposes; as follows: the following: ment officials. (e)(1) The Attorney General may award On page 16, line 11, strike the period at the SEC. lll. (a) This section may be cited as grants to State or local law enforcement end and insert ‘‘: Provided further, That of the ‘‘Emmett Till Unsolved Civil Rights agencies for expenses associated with the in- the funds provided under this heading, up to Crime Act of 2007’’. (b) It is the sense of Congress that all au- vestigation and prosecution by them of $275,000 is made available for the purchase thorities with jurisdiction, including the criminal offenses, involving civil rights, that and distribution of bycatch reduction devices Federal Bureau of Investigation and other occurred not later than December 31, 1969, to shrimpers in areas of the Gulf Coast im- entities within the Department of Justice, and resulted in a death. pacted by Hurricane Rita or Hurricane should— (2) There are authorized to be appropriated Katrina during 2005.’’. (1) expeditiously investigate unsolved civil $2,000,000 for each of the fiscal years 2008 through 2017 to carry out this subsection. SA 3229. Ms. LANDRIEU submitted rights murders, due to the amount of time that has passed since the murders and the (f)(1) There are authorized to be appro- an amendment intended to be proposed age of potential witnesses; and priated, in addition to any other amounts by her to the bill H.R. 3093, making ap- (2) provide all the resources necessary to otherwise authorized to be appropriated for propriations for the Departments of ensure timely and thorough investigations in this purpose, to the Attorney General Commerce and Justice, and Science, the cases involved. $10,000,000 for each of the fiscal years 2008 and Related Agencies for the fiscal (c)(1) The Attorney General shall designate through 2017 for the purpose of investigating year ending September 30, 2008, and for a Deputy Chief in the Criminal Section of and prosecuting violations of criminal civil rights statutes that occurred not later than other purposes; which was ordered to the Civil Rights Division of the Department of Justice. December 31, 1969, and resulted in a death. lie on the table; as follows: (2)(A) The Deputy Chief shall be respon- These funds shall be allocated by the Attor- On page 26, after line 24, insert the fol- sible for coordinating the investigation and ney General to the Deputy Chief of the lowing: prosecution of violations of criminal civil Criminal Section of the Civil Rights Division SEC. 113. The amount made available in rights statutes that occurred not later than and the Supervisory Special Agent of the this title under the heading ‘‘NATIONAL OCE- December 31, 1969, and resulted in a death. Civil Rights Unit of the Federal Bureau of ANIC AND ATMOSPHERIC ADMINISTRATION’’ and (B) In investigating a complaint under sub- Investigation in order to advance the pur- the subheading ‘‘OPERATIONS, RESEARCH, AND paragraph (A), the Deputy Chief may coordi- poses set forth in this section. FACILITIES’’ is hereby increased by $275,000 nate investigative activities with State and (2) In addition to any amounts authorized for the purchase and distribution of bycatch local law enforcement officials. to be appropriated under title XI of the Civil

VerDate Aug 31 2005 06:23 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.125 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12804 CONGRESSIONAL RECORD — SENATE October 4, 2007 Rights Act of 1964 (42 U.S.C. 2000h et seq.), Omnibus Crime Control and Safe Streets Act (B) if a person is part of a conspiracy to there are authorized to be appropriated to of 1968 (42 U.S.C. 3796hh et seq.); commit methamphetamine and identity the Community Relations Service of the De- (B) $4,000,000 is for engaging men and youth theft crimes; and partment of Justice $1,500,000 for fiscal year in prevention programs, as authorized by (7) the advisability of establishing a pass- 2008 and each subsequent fiscal year, to en- section 41305 of the Violence Against Women word-protected electronic clearinghouse able the Service (in carrying out the func- Act of 1994 (42 U.S.C. 14043d–4); and within the Department of Justice for Fed- tions described in title X of such Act (42 (C) $1,000,000 is for the National Resource eral, State, and local law enforcement agen- U.S.C. 2000g et seq.)) to provide technical as- Center on Workplace Responses to assist vic- cies to— sistance by bringing together law enforce- tims of domestic violence, as authorized by (A) share information on crimes involving ment agencies and communities in the inves- section 41501 of the Violence Against Women both methamphetamine and the commission tigation of violations of criminal civil rights Act of 1994 (42 U.S.C. 14043f). of identity theft; statutes, in cases described in subsection (B) create a better understanding of the (d)(2)(A). SA 3234. Mr. REID (for Mr. OBAMA (g) In this section, the term ‘‘criminal civil correlation between such crimes; and (for himself and Mr. DURBIN)) sub- rights statutes’’ means— (C) share best practices. (1) section 241 of title 18, United States mitted an amendment intended to be (b) Not later than 12 months after the date Code (relating to conspiracy against rights); proposed by Mr. REID to the bill H.R. of the enactment of this Act, the Attorney (2) section 242 of title 18, United States 3093, making appropriations for the De- General shall submit a report to Congress de- Code (relating to deprivation of rights under partments of Commerce and Justice, scribing the findings of the study conducted color of law); and Science, and Related Agencies for under (a). (3) section 245 of title 18, United States the fiscal year ending September 30, Code (relating to federally protected activi- 2008, and for other purposes; which was Ms. LANDRIEU submitted ties); ordered to lie on the table; as follows: SA 3236. (4) sections 1581 and 1584 of title 18, United At the end of title V, add the following: an amendment intended to be proposed States Code (relating to involuntary ser- SEC. 528. None of the funds appropriated or by her to the bill H.R. 3093, making ap- vitude and peonage); otherwise made available by this Act may be propriations for the Departments of (5) section 901 of the Fair Housing Act (42 used to enter into a contract in an amount Commerce and Justice, and Science, U.S.C. 3631); and greater than $5,000,000 or to award a grant in and Related Agencies for the fiscal (6) any other Federal law that— excess of such amount unless the prospective (A) was in effect on or before December 31, contractor or grantee certifies in writing to year ending September 30, 2008, and for 1969; and the agency awarding the contract or grant other purposes; which was ordered to (B) the Criminal Section of the Civil that, to the best of its knowledge and belief, lie on the table; as follows: the contractor or grantee has filed all Fed- Rights Division of the Department of Justice On page 26, after line 24, insert the fol- eral tax returns required during the three enforced, before the date of enactment of lowing: this Act. years preceding the certification, has not (h) Subsections (b) through (f) shall cease been convicted of a criminal offense under SEC. 113. The amount made available in to have effect at the end of fiscal year 2017. the Internal Revenue Code of 1986, and has this title under the heading ‘‘NATIONAL OCE- (i) Title XXXVII of the Crime Control Act not, more than 90 days prior to certification, ANIC AND ATMOSPHERIC ADMINISTRATION’’ and of 1990 (42 U.S.C. 5779 et seq.) is amended by been notified of any unpaid Federal tax as- the subheading ‘‘OPERATIONS, RESEARCH, AND adding at the end the following: sessment for which the liability remains FACILITIES’’ is hereby increased by $5,000,000 ‘‘SEC. 3703. AUTHORITY OF INSPECTORS GEN- unsatisfied, unless the assessment is the sub- for competitive grants to qualified univer- ERAL. ject of an installment agreement or offer in sities for the purposes of improving large- ‘‘(a) IN GENERAL.—An Inspector General compromise that has been approved by the appointed under section 3 or 8G of the In- scale floodplain research directly applicable Internal Revenue Service and is not in de- spector General Act of 1978 (5 U.S.C. App.) to floodplain management and wetland re- fault, or the assessment is the subject of a may authorize staff to assist the National mediation, coastal restoration, and water non-frivolous administrative or judicial pro- Center for Missing and Exploited Children— quality problems related to the channeliza- ceeding. ‘‘(1) by conducting reviews of inactive case tion and control of the Mississippi River. files to develop recommendations for further SA 3235. Ms. CANTWELL submitted investigations; and an amendment intended to be proposed SA 3237. Ms. LANDRIEU submitted ‘‘(2) by engaging in similar activities. by her to the bill H.R. 3093, making ap- ‘‘(b) LIMITATIONS.— an amendment intended to be proposed ‘‘(1) PRIORITY.—An Inspector General may propriations for the Departments of by her to the bill H.R. 3093, making ap- not permit staff to engage in activities de- Commerce and Justice, and Science, propriations for the Departments of scribed in subsection (a) if such activities and Related Agencies for the fiscal Commerce and Justice, and Science, will interfere with the duties of the Inspec- year ending September 30, 2008, and for and Related Agencies for the fiscal tor General under the Inspector General Act other purposes; which was ordered to year ending September 30, 2008, and for of 1978 (5 U.S.C. App.). lie on the table; as follows: other purposes; which was ordered to ‘‘(2) FUNDING.—No additional funds are au- On page 70, between lines 10 and 11, insert lie on the table; as follows: thorized to be appropriated to carry out this the following: section.’’. SEC. 217. (a) The Attorney General, in con- On page 16, line 11, strike the period at the junction with other Federal agencies, shall SA 3233. Ms. MIKULSKI (for herself, end and insert ‘‘: Provided further, That of conduct a study on— the funds provided under this heading, up to Mr. SHELBY, and Mrs. MURRAY) pro- (1) the connection between methamphet- $5,000,000 is made available for competitive posed an amendment to the bill H.R. amine crimes and identity theft crimes, and grants to qualified universities for the pur- 3093, making appropriations for the De- assess the degree of correlation between such poses of improving large-scale floodplain re- partments of Commerce and Justice, crimes; search directly applicable to floodplain man- and Science, and Related Agencies for (2) how individuals who use methamphet- agement and wetland remediation, coastal the fiscal year ending September 30, amine and commit identity theft crimes restoration, and water quality problems re- 2008, and for other purposes; as follows: typically obtain the information of the vic- lated to the channelization and control of On page 70, between lines 10 and 11, insert tim of such crimes; the Mississippi River.’’. the following: (3) how individuals who use methamphet- SEC. 217. Notwithstanding any other provi- amine and commit identity theft crimes mis- sion of this title— use the information of the victims of such SA 3238. Mr. KENNEDY submitted an (1) the amount appropriated in this title crimes; amendment intended to be proposed by under the heading ‘‘GENERAL ADMINISTRA- (4) the possible linkages between the sale him to the bill H.R. 3093, making ap- TION’’ is reduced by $10,000,000; and distribution of methamphetamine, gang propriations for the Departments of (2) the amount appropriated in this title activity, and gang-related crimes, including Commerce and Justice, and Science, under the heading ‘‘VIOLENCE AGAINST WOMEN whether there is an increase in gang-related and Related Agencies for the fiscal PREVENTION AND PROSECUTION PROGRAMS’’ crime with respect to identity theft; year ending September 30, 2008, and for under the heading ‘‘OFFICE ON VIOLENCE (5) the needs of Federal, State, local, and AGAINST WOMEN’’ is increased by $10,000,000; tribal law enforcement to pursue and pros- other purposes; which was ordered to and ecute methamphetamine crimes related to lie on the table; as follows: (3) of the amount appropriated in this title identity theft and whether any changes are under the heading ‘‘VIOLENCE AGAINST WOMEN needed to Federal law; PREVENTION AND PROSECUTION PROGRAMS’’ (6) the advisability of imposing a sen- On page 70, after line 10, insert the fol- under the heading ‘‘OFFICE ON VIOLENCE tencing enhancement— lowing: AGAINST WOMEN’’— (A) if a person commits both a meth- SEC. ll. Section 209 of title 18, United (A) $60,000,000 is for grants to encourage ar- amphetamine crime and an identity theft States Code, is amended by adding at the end rest policies, as authorized by part U of the crime; and the following:

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‘‘(i) This section does not prohibit— ing for conference programs, travel costs, (b) INCREASED APPROPRIATIONS.—Amounts ‘‘(1) a public or private institution of high- and related expenses. No funds appropriated provided in this Act for the Civil Rights Di- er education from providing an officer or em- under this Act may be used to support a con- vision within the Department of Justice are ployee of any branch of the United States ference sponsored by any organization increased by $1,680,000 for the prosecution of Government or of the District of Columbia, named as an unindicted co-conspirator by civil rights crimes. who is a current or former student of such the Government in any criminal prosecution. (c) DECREASED APPROPRIATIONS.—Appro- institution, financial assistance for the pur- priations in this Act for the following ac- pose of repaying a student loan or forbear- SA 3242. Mr. COBURN submitted an counts are decreased by the amount indi- ance of student loan repayment; and amendment intended to be proposed by cated: ‘‘(2) an officer or employee of any branch of him to the bill H.R. 3093, making ap- (1) Ocean, Coastal, and Great Lakes re- the United States Government or of the Dis- propriations for the Departments of search by $450,000. trict of Columbia from receiving such assist- Commerce and Justice, and Science, (2) Ocean and Coastal Management, Na- ance or forbearance.’’. tional Ocean Service, by $500,000. and Related Agencies for the fiscal (3) Local Warnings and Forecasts, National SA 3239. Mr. KENNEDY submitted an year ending September 30, 2008, and for Weather Service, by $300,000. amendment intended to be proposed by other purposes; which was ordered to (4) National Aeronautics and Space Admin- him to the bill H.R. 3093, making ap- lie on the table; as follows: istration by $800,000. propriations for the Departments of After section 113, insert the following: (5) Education Program, NOAA, by $500,000. Commerce and Justice, and Science, SEC. 114. (a) None of the funds appropriated (d) PROHIBITION ON FUNDING.—Notwith- and Related Agencies for the fiscal pursuant to this Act may be made available standing any other provision of this Act, there shall be no funding for fiscal year 2008 year ending September 30, 2008, and for for displays at the Thunder Bay National Marine Sanctuary visitor center in Alpena, for the following: other purposes; which was ordered to Michigan. (1) Advanced Undersea Vehicle, Mystic lie on the table; as follows: (b) The amount made available in this Act Aquarium-Institute for Exploration, Mystic, On page 70, after line 10, insert the fol- for National Ocean Services grants shall be Connecticut. lowing: reduced $2,000,000 and the amount made (2) Maritime Museum, City of Mobile, Ala- SEC. ll. Notwithstanding any other available in this Act for the National Hurri- bama. provision of law, a public or private institu- cane Center of the National Oceanic and At- (3) Eye-On-The-Sky, Fairbanks Museum tion of higher education may offer or provide mospheric Administration shall be increased and Planetarium, St. Johnsbury, Vermont. an officer or employee of any branch of the by $2,000,000. (4) Adler Planetarium, Chicago, Illinois. United States Government or of the District (5) U.S. Space and Rocket Center, Hunts- of Columbia, who is a current or former stu- SA 3243. Mr. COBURN submitted an ville, Alabama, for an update for the mu- dent of such institution, financial assistance amendment intended to be proposed by seum and exhibits. for the purpose of repaying a student loan or him to the bill H.R. 3093, making ap- (6) John Smith Water Trail, installation of forbearance of student loan repayment, and propriations for the Departments of bouys marking the John Smith National an officer or employee of any branch of the Water Trail on the Chesapeake Bay, the Con- United States Government or of the District Commerce and Justice, and Science, servation Fund, Arlington, Virginia. of Columbia may seek or receive such assist- and Related Agencies for the fiscal ance or forbearance. year ending September 30, 2008, and for SA 3244. Mrs. DOLE submitted an other purposes; as follows: amendment intended to be proposed by SA 3240. Mr. DORGAN (for himself, At the appropriate place, add the fol- her to the bill H.R. 3093, making appro- Mr. BINGAMAN, Mr. TESTER, Mr. BAU- lowing: priations for the Departments of Com- CUS, Ms. CANTWELL, and Mr. THUNE) SEC. ll. (a) FINDINGS.—The Senate finds merce and Justice, and Science, and the following: submitted an amendment intended to Related Agencies for the fiscal year be proposed by him to the bill H.R. (1) In February 2006, the United States At- torney General and the FBI director an- ending September 30, 2008, and for 3093, making appropriations for the De- other purposes; which was ordered to partments of Commerce and Justice, nounced a partnership with the NAACP, the Southern Poverty Law Center, and the Na- lie on the table; as follows: and Science, and Related Agencies for tional Urban League to investigate unsolved the fiscal year ending September 30, On page 53, line 11, insert ‘‘, and of which crimes from the civil rights era. not less than $75,000,000 shall be used for 2008, and for other purposes; as follows: (2) Attorney General Alberto Gonzales has training, exercises, and technical assistance On page 27, line 8, strike ‘‘$104,777,000’’ and pledged that ‘‘The Justice Department is consistent with section 287(g) of the Immi- insert ‘‘$84,777,000’’. committed to investigating and prosecuting gration and Nationality Act (8 U.S.C. On page 54, strike lines 15 through 17 and civil-rights era homicides for as long as it 1357(g))’’ before the semicolon at the end. insert the following: takes and as far as the law allows—because (A) $25,000,000 shall be available for grants there is no statute of limitations on human SA 3245. Ms. MURKOWSKI submitted under section 20109(b) of the 1994 Act (42 dignity and justice.’’. an amendment intended to be proposed U.S.C. 13709(b)); (3) In February 2006, the FBI enacted an On page 54, strike lines 20 through 22 and initiative to identify hate crimes that oc- by her to the bill H.R. 3093, making ap- insert the following: curred prior to December 1969, and resulted propriations for the Departments of (C) $10,000,000 shall be available for dem- in death. Commerce and Justice, and Science, onstration projects relating to alcohol and (4) The Bureau’s 56 field offices have been and Related Agencies for the fiscal crime in Indian Country, of which $5,000,000 directed to reexamine their unsolved civil year ending September 30, 2008, and for shall be used to address the problem of meth- rights cases and determine which ones could other purposes; which was ordered to amphetamine abuse in Indian Country; still be viable for prosecution. lie on the table; as follows: On page 59, line 11, strike ‘‘$35,000,000’’ and (5) The FBI has partnered with a number of insert ‘‘$40,000,000’’. State and local authorities, civic organiza- On page 15, line 3, strike the colon and in- tions, and community leaders to reexamine sert ‘‘, of which $250,000 shall be available to SA 3241. Mr. COBURN submitted an old files. the University of Alaska at Fairbanks to or- amendment intended to be proposed by (6) Since the initiative began, the FBI has ganize and operate the 2008 meeting of the him to the bill H.R. 3093, making ap- received nearly 100 such referrals. Conference of Parliamentarians of the Arctic Region in Fairbanks, Alaska:’’. propriations for the Departments of (7) The FBI is continuing to assess each re- Commerce and Justice, and Science, ferral for its investigative and legal viability and, given the updated investigative and fo- SA 3246. Mrs. BOXER submitted an and Related Agencies for the fiscal amendment intended to be proposed by year ending September 30, 2008, and for rensic tools, move forward in investigating these cases. her to the bill H.R. 3093, making appro- other purposes; which was ordered to (8) The United States national debt is near- priations for the Departments of Com- lie on the table; as follows: ly $9,000,000,000,000. merce and Justice, and Science, and At the appropriate place, insert the fol- (9) Rather than adding to this debt, Con- Related Agencies for the fiscal year lowing: gress should offset any new spending from ending September 30, 2008, and for lower priority spending. SEC. lll. LIMITATIONS ON FUNDING FOR CER- other purposes; which was ordered to TAIN CONFERENCES. (10) Bringing justice to those who have Notwithstanding any other provision of committed ghastly civil rights crimes in a lie on the table; as follows: this Act, not more than $15,000,000 of all fiscally responsible manner that does not At the appropriate place insert the fol- funds made available to the Department of add to the United States national debt lowing: Justice under this Act, may be available for should be a higher priority for Congress than (a) FINDINGS.—The Senate finds the fol- any expenses related to conferences, includ- funding parochial pork barrel projects. lowing:

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.132 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12806 CONGRESSIONAL RECORD — SENATE October 4, 2007 (1) The Census, taken every ten years since (1) the implementation of the rec- That the amount provided under this head- 1790, is necessary for determining Congres- ommendations made in the regional eco- ing is designated as an emergency require- sional representation, Electoral College system research study carried out under ment and necessary to meet emergency votes, and government program funding; paragraph (1) of section 406(f) of the of the needs pursuant to subsections (a) and (b) of (2) The United States Census Bureau is re- Magnuson-Stevens Fishery Conservation and section 204 of S. Con. Res. 21 (110th Con- quired to count citizens and non-citizens Management Act (16 U.S.C. 1882); and gress). alike; (2) the provision of the technical advice de- (3) It is a challenge for the United States scribed in paragraph (2) of such section. SA 3251. Mr. LAUTENBERG (for him- Census Bureau to convince non-citizens liv- (b) Of the amount made available in this self and Mrs. BOXER) submitted an ing in the United States that their participa- title under the heading ‘‘NATIONAL OCEANIC amendment intended to be proposed by tion in the census is important and the infor- AND ATMOSPHERIC ADMINISTRATION’’ and the him to the bill H.R. 3093, making ap- mation they provide will not be disclosed to subheading ‘‘OPERATIONS, RESEARCH, AND FA- propriations for the Departments of law enforcement authorities; CILITIES’’— (4) During the 1980, 1990, and 2000 censuses, (1) $250,000 is made available to prepare the Commerce and Justice, and Science, federal immigration officials agreed to limit report required by subsection (a); and and Related Agencies for the fiscal immigration enforcement efforts to allow (2) $2,000,000 is made available to carry out year ending September 30, 2008, and for the Census Bureau to encourage the partici- the plan described in such report. other purposes; which was ordered to pation of all persons in the United States in SEC. 114. (a) Not later than 1 year after the lie on the table; as follows: the census; date of the enactment of this Act, the Na- (5) The officials of the Immigration and On page 16, line 11, strike the period at the tional Research Council shall complete the end and insert ‘‘: Provided further, That of Customs Enforcement Bureau of the Depart- study on acidification of the oceans and how ment of Homeland Security’s Immigration the funds available for the Ocean Research this process affects the United States au- Priorities Plan Implementation, such sums and Customs Enforcement have publicly thorized by section 701 of the Magnuson-Ste- stated the agency will ‘‘not even consider as may be necessary shall be set aside to ini- vens Fishery Conservation and Management tiate the study to be completed within 2 scaling back [its] efforts’’ to aggressively en- Reauthorization Act of 2006 (Public Law 109– force federal immigration laws during the years, on acidification of the oceans and how 479; 120 Stat. 3649). this process affects the United States as au- 2010 census; (b) Of the amount made available in this (6) The data provided by the United States thorized by section 701 of the Magnuson-Ste- title under the heading ‘‘NATIONAL OCEANIC vens Fishery Conservation and Management Census Bureau is essential to understanding AND ATMOSPHERIC ADMINISTRATION’’ and the population trends and providing the federal Reauthorization Act of 2006 (Public Law 109– subheading ‘‘OPERATIONS, RESEARCH, AND FA- 479; 120 Stat. 3649).’’. government and the Congress with impor- CILITIES’’ $750,000 is made available for the tant information related to public policy de- study required by subsection (a). bates, including information on the number SA 3252. Mr. FEINGOLD (for himself of undocumented persons living in the SA 3249. Mr. LEAHY submitted an and Mr. GRASSLEY) submitted an United States; amendment intended to be proposed by amendment intended to be proposed by (b) SENSE OF THE SENATE.—It is the sense him to the bill H.R. 3093, making ap- him to the bill H.R. 3093, making ap- of the Senate that as part of the effort to propriations for the Departments of count all persons physically in the United propriations for the Departments of States during the 2010 Census, the Immigra- Commerce and Justice, and Science, Commerce and Justice, and Science, tion and Customs Enforcement Bureau of the and Related Agencies for the fiscal and Related Agencies for the fiscal Department of Homeland Security should year ending September 30, 2008, and for year ending September 30, 2008, and for limit aggressive enforcement of federal im- other purposes; which was ordered to other purposes; which was ordered to migration laws to promote full participation lie on the table; as follows: lie on the table; as follows: by noncitizens in the census. On page 52, line 5, strike ‘‘$1,400,000,000’’ On page 98, after line 21, insert the fol- and insert ‘‘$1,430,000,000’’. lowing: SA 3247. Mrs. MCCASKILL submitted On page 52, line 15, strike ‘‘$60,000,000’’ and an amendment intended to be proposed TITLE VII—WARTIME TREATMENT STUDY insert ‘‘$90,000,000’’. ACT by her to the bill H.R. 3093, making ap- On page 70, after line 10, insert the fol- propriations for the Departments of SEC. 701. SHORT TITLE. lowing: This title may be cited as the ‘‘Wartime SEC. ll. Of the unobligated balances Commerce and Justice, and Science, Treatment Study Act’’. and Related Agencies for the fiscal made available for the Department of Jus- tice in prior fiscal years, $30,000,000 are re- SEC. 702. FINDINGS. year ending September 30, 2008, and for Congress makes the following findings: other purposes; which was ordered to scinded. Provided, That within 30 days after the date of the enactment of this section the (1) During World War II, the United States lie on the table; as follows: Attorney General shall submit to the Com- Government deemed as ‘‘enemy aliens’’ more At the appropriate place, insert the fol- mittee on Appropriations of the House of than 600,000 Italian-born and 300,000 German- lowing: Representatives and the Senate a report born United States resident aliens and their SEC. ll. Not later than 30 days after the specifying the amount of each rescission families and required them to carry Certifi- date of enactment of this Act, the Depart- made pursuant to this section. cates of Identification and limited their ments, agencies, and commissions funded travel and personal property rights. At that under this Act, shall establish and maintain SA 3250. Ms. MIKULSKI (for herself, time, these groups were the 2 largest foreign- born groups in the United States. on the homepages of their Internet Mrs. HUTCHISON, Mr. SHELBY, Ms. websites— (2) During World War II, the United States LANDRIEU, Mr. VITTER, Mrs. CLINTON, (1) a direct link to the Internet websites of Government arrested, interned, or otherwise their Offices of Inspectors General; and Mr. BROWN, and Mrs. BOXER) proposed detained thousands of European Americans, (2) a mechanism on the Offices of Inspec- an amendment to the bill H.R. 3093, some remaining in custody for years after tors General website by which individuals making appropriations for the Depart- cessation of World War II hostilities, and re- may anonymously report cases of waste, ments of Commerce and Justice, and patriated, exchanged, or deported European fraud, or abuse with respect to those Depart- Science, and Related Agencies for the Americans, including American-born chil- ments, agencies, and commissions. fiscal year ending September 30, 2008, dren, to European Axis nations, many to be and for other purposes; as follows: exchanged for Americans held in those na- SA 3248. Mrs. BOXER submitted an tions. amendment intended to be proposed by On page 74, between lines 4 and 5, insert (3) Pursuant to a policy coordinated by the the following: him to the bill H.R. 3093, making ap- United States with Latin American nations, propriations for the Departments of RETURN TO FLIGHT many European Latin Americans, including Commerce and Justice, and Science, For necessary expenses, not otherwise pro- German and Austrian Jews, were arrested, vided for, in carrying out return to flight ac- brought to the United States, and interned. and Related Agencies for the fiscal tivities associated with the space shuttle and Many were later expatriated, repatriated, or year ending September 30, 2008, and for activities from which funds were transferred deported to European Axis nations during other purposes; which was ordered to to accommodate return to flight activities, World War II, many to be exchanged for lie on the table; as follows: $1,000,000,000 to remain available until ex- Americans and Latin Americans held in On page 26, after line 24, insert the fol- pended with such sums as determined by the those nations. lowing: Administrator of the National Aeronautics (4) Millions of European Americans served SEC. 113. (a) Not later than 180 days after and Space Administration as available for in the armed forces and thousands sacrificed the date of the enactment of this Act, the transfer to ‘‘Exploration Capabilities’’ and their lives in defense of the United States. Secretary of Commerce shall submit to Con- ‘‘Science, Aeronautics, And Exploration’’ for (5) The wartime policies of the United gress a report that provides a detailed plan restoration of funds previously reallocated States Government were devastating to the for— to meet return to flight activities: Provided, Italian American and German American

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.129 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12807 communities, individuals, and their families. ican Commission. A vacancy in the European exchange, repatriation, and deportation, and The detrimental effects are still being expe- American Commission shall not affect its the immediate and long-term effect of such rienced. powers, and shall be filled in the same man- actions, particularly internment, on the (6) Prior to and during World War II, the ner in which the original appointment was lives of those affected. This review shall in- United States restricted the entry of Jewish made. clude a list of— refugees who were fleeing persecution or (d) REPRESENTATION.—The European Amer- (A) all temporary detention and long-term genocide and sought safety in the United ican Commission shall include 2 members internment facilities in the United States States. During the 1930’s and 1940’s, the representing the interests of Italian Ameri- and Latin American nations that were used quota system, immigration regulations, visa cans and 2 members representing the inter- to detain or intern European Americans and requirements, and the time required to proc- ests of German Americans. European Latin Americans during World War ess visa applications affected the number of (e) MEETINGS.—The President shall call the II (in this paragraph referred to as ‘‘World Jewish refugees, particularly those from first meeting of the European American War II detention facilities’’); Germany and Austria, who could gain admit- Commission not later than 120 days after the (B) the names of European Americans and tance to the United States. date of enactment of this title. European Latin Americans who died while in (7) The United States Government should (f) QUORUM.—Four members of the Euro- World War II detention facilities and where conduct an independent review to fully as- pean American Commission shall constitute they were buried; sess and acknowledge these actions. Con- a quorum, but a lesser number may hold (C) the names of children of European gress has previously reviewed the United hearings. Americans and European Latin Americans (g) CHAIRMAN.—The European American States Government’s wartime treatment of who were born in World War II detention fa- Commission shall elect a Chairman and Vice Japanese Americans through the Commis- cilities and where they were born; and Chairman from among its members. The sion on Wartime Relocation and Internment (D) the nations from which European Latin term of office of each shall be for the life of of Civilians. An independent review of the Americans were brought to the United the European American Commission. treatment of German Americans and Italian States, the ships that transported them to (h) COMPENSATION.— Americans and of Jewish refugees fleeing the United States and their departure and (1) IN GENERAL.—Members of the European persecution and genocide has not yet been American Commission shall serve without disembarkation ports, the locations where undertaken. pay. European Americans and European Latin (8) Time is of the essence for the establish- Americans were exchanged for persons held (2) REIMBURSEMENT OF EXPENSES.—All ment of commissions, because of the increas- members of the European American Commis- in European Axis nations, and the ships that ing danger of destruction and loss of relevant sion shall be reimbursed for reasonable trav- transported them to Europe and their depar- documents, the advanced age of potential el and subsistence, and other reasonable and ture and disembarkation ports. witnesses and, most importantly, the ad- necessary expenses incurred by them in the (3) A brief review of the participation by vanced age of those affected by the United performance of their duties. European Americans in the United States States Government’s policies. Many who suf- Armed Forces including the participation of SEC. 711. DUTIES OF THE EUROPEAN AMERICAN fered have already passed away and will COMMISSION. European Americans whose families were ex- never know of this effort. (a) IN GENERAL.—It shall be the duty of the cluded, interned, repatriated, or exchanged. SEC. 703. DEFINITIONS. European American Commission to review (4) A recommendation of appropriate rem- In this title: the United States Government’s wartime edies, including how civil liberties can be (1) DURING WORLD WAR II.—The term ‘‘dur- treatment of European Americans and Euro- protected during war, or an actual, at- ing World War II’’ refers to the period be- pean Latin Americans as provided in sub- tempted, or threatened invasion or incur- tween September 1, 1939, through December section (b). sion, an assessment of the continued viabil- 31, 1948. (b) SCOPE OF REVIEW.—The European ity of the Alien Enemies Acts (50 U.S.C. 21 et (2) EUROPEAN AMERICANS.— American Commission’s review shall include seq.), and public education programs related (A) IN GENERAL.—The term ‘‘European the following: to the United States Government’s wartime Americans’’ refers to United States citizens (1) A comprehensive review of the facts and treatment of European Americans and Euro- and resident aliens of European ancestry, in- circumstances surrounding United States pean Latin Americans during World War II. cluding Italian Americans, German Ameri- Government actions during World War II (c) FIELD HEARINGS.—The European Amer- cans, Hungarian Americans, Romanian with respect to European Americans and Eu- ican Commission shall hold public hearings Americans, and Bulgarian Americans. ropean Latin Americans pursuant to the in such cities of the United States as it (B) ITALIAN AMERICANS.—The term ‘‘Italian Alien Enemies Acts (50 U.S.C. 21 et seq.), deems appropriate. (d) REPORT.—The European American Com- Americans’’ refers to United States citizens Presidential Proclamations 2526, 2527, 2655, mission shall submit a written report of its and resident aliens of Italian ancestry. 2662, and 2685, Executive Orders 9066 and 9095, findings and recommendations to Congress (C) GERMAN AMERICANS.—The term ‘‘Ger- and any directive of the United States Gov- not later than 18 months after the date of man Americans’’ refers to United States citi- ernment pursuant to such law, proclama- the first meeting called pursuant to section zens and resident aliens of German ancestry. tions, or executive orders respecting the reg- 101(e). (3) EUROPEAN LATIN AMERICANS.—The term istration, arrest, exclusion, internment, ex- ‘‘European Latin Americans’’ refers to per- SEC. 712. POWERS OF THE EUROPEAN AMERICAN change, or deportation of European Ameri- COMMISSION. sons of European ancestry, including Italian cans and European Latin Americans. This re- (a) IN GENERAL.—The European American or German ancestry, residing in a Latin view shall include an assessment of the un- Commission or, on the authorization of the American nation during World War II. derlying rationale of the United States Gov- Commission, any subcommittee or member (4) LATIN AMERICAN NATION.—The term ernment’s decision to develop related pro- thereof, may, for the purpose of carrying out ‘‘Latin American nation’’ refers to any na- grams and policies, the information the the provisions of this subtitle, hold such tion in Central America, South America, or United States Government received or ac- hearings and sit and act at such times and the Carribean. quired suggesting the related programs and places, and request the attendance and testi- Subtitle A—Commission on Wartime policies were necessary, the perceived ben- mony of such witnesses and the production Treatment of European Americans efit of enacting such programs and policies, of such books, records, correspondence, SEC. 710. ESTABLISHMENT OF COMMISSION ON and the immediate and long-term impact of memorandum, papers, and documents as the WARTIME TREATMENT OF EURO- such programs and policies on European Commission or such subcommittee or mem- PEAN AMERICANS. Americans and European Latin Americans ber may deem advisable. The European (a) IN GENERAL.—There is established the and their communities. American Commission may request the At- Commission on Wartime Treatment of Euro- (2) A comprehensive review of United torney General to invoke the aid of an appro- pean Americans (referred to in this subtitle States Government action during World War priate United States district court to re- as the ‘‘European American Commission’’). II with respect to European Americans and quire, by subpoena or otherwise, such at- (b) MEMBERSHIP.—The European American European Latin Americans pursuant to the tendance, testimony, or production. Commission shall be composed of 7 members, Alien Enemies Acts (50 U.S.C. 21 et seq.), (b) GOVERNMENT INFORMATION AND CO- who shall be appointed not later than 90 days Presidential Proclamations 2526, 2527, 2655, OPERATION.—The European American Com- after the date of enactment of this title as 2662, and 2685, Executive Orders 9066 and 9095, mission may acquire directly from the head follows: and any directive of the United States Gov- of any department, agency, independent in- (1) Three members shall be appointed by ernment pursuant to such law, proclama- strumentality, or other authority of the ex- the President. tions, or executive orders, including registra- ecutive branch of the Government, available (2) Two members shall be appointed by the tion requirements, travel and property re- information that the European American Speaker of the House of Representatives, in strictions, establishment of restricted areas, Commission considers useful in the dis- consultation with the minority leader. raids, arrests, internment, exclusion, poli- charge of its duties. All departments, agen- (3) Two members shall be appointed by the cies relating to the families and property cies, and independent instrumentalities, or majority leader of the Senate, in consulta- that excludees and internees were forced to other authorities of the executive branch of tion with the minority leader. abandon, internee employment by American the Government shall cooperate with the Eu- (c) TERMS.—The term of office for members companies (including a list of such compa- ropean American Commission and furnish all shall be for the life of the European Amer- nies and the terms and type of employment), information requested by the European

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American Commission to the extent per- (c) TERMS.—The term of office for members eral to invoke the aid of an appropriate mitted by law, including information col- shall be for the life of the Jewish Refugee United States district court to require, by lected under the Commission on Wartime Commission. A vacancy in the Jewish Ref- subpoena or otherwise, such attendance, tes- and Internment of Civilians Act (Public Law ugee Commission shall not affect its powers, timony, or production. 96–317; 50 U.S.C. App. 1981 note) and the War- and shall be filled in the same manner in (b) GOVERNMENT INFORMATION AND CO- time Violation of Italian Americans Civil which the original appointment was made. OPERATION.—The Jewish Refugee Commis- Liberties Act (Public Law 106–451; 50 U.S.C. (d) REPRESENTATION.—The Jewish Refugee sion may acquire directly from the head of App. 1981 note). For purposes of section Commission shall include 2 members rep- any department, agency, independent instru- 552a(b)(9) of title 5, United States Code (com- resenting the interests of Jewish refugees. mentality, or other authority of the execu- monly known as the ‘‘Privacy Act of 1974’’), (e) MEETINGS.—The President shall call the tive branch of the Government, available in- the European American Commission shall be first meeting of the Jewish Refugee Commis- formation that the Jewish Refugee Commis- deemed to be a committee of jurisdiction. sion not later than 120 days after the date of sion considers useful in the discharge of its duties. All departments, agencies, and inde- SEC. 713. ADMINISTRATIVE PROVISIONS. enactment of this title. pendent instrumentalities, or other authori- The European American Commission is au- (f) QUORUM.—Four members of the Jewish ties of the executive branch of the Govern- thorized to— Refugee Commission shall constitute a ment shall cooperate with the Jewish Ref- (1) appoint and fix the compensation of quorum, but a lesser number may hold hear- ugee Commission and furnish all information ings. such personnel as may be necessary, without requested by the Jewish Refugee Commission (g) CHAIRMAN.—The Jewish Refugee Com- regard to the provisions of title 5, United to the extent permitted by law, including in- mission shall elect a Chairman and Vice States Code, governing appointments in the formation collected as a result of the Com- competitive service, and without regard to Chairman from among its members. The mission on Wartime and Internment of Civil- the provisions of chapter 51 and subchapter term of office of each shall be for the life of ians Act (Public Law 96–317; 50 U.S.C. App. III of chapter 53 of such title relating to clas- the Jewish Refugee Commission. 1981 note) and the Wartime Violation of sification and General Schedule pay rates, (h) COMPENSATION.— Italian Americans Civil Liberties Act (Public except that the compensation of any em- (1) IN GENERAL.—Members of the Jewish Law 106–451; 50 U.S.C. App. 1981 note). For ployee of the Commission may not exceed a Refugee Commission shall serve without pay. purposes of section 552a(b)(9) of title 5, rate equivalent to the rate payable under (2) REIMBURSEMENT OF EXPENSES.—All United States Code (commonly known as the GS–15 of the General Schedule under section members of the Jewish Refugee Commission ‘‘Privacy Act of 1974’’), the Jewish Refugee 5332 of such title; shall be reimbursed for reasonable travel and Commission shall be deemed to be a com- (2) obtain the services of experts and con- subsistence, and other reasonable and nec- mittee of jurisdiction. sultants in accordance with the provisions of essary expenses incurred by them in the per- SEC. 723. ADMINISTRATIVE PROVISIONS. section 3109 of such title; formance of their duties. The Jewish Refugee Commission is author- (3) obtain the detail of any Federal Govern- SEC. 721. DUTIES OF THE JEWISH REFUGEE COM- ized to— ment employee, and such detail shall be MISSION. (1) appoint and fix the compensation of without reimbursement or interruption or (a) IN GENERAL.—It shall be the duty of the such personnel as may be necessary, without loss of civil service status or privilege; Jewish Refugee Commission to review the regard to the provisions of title 5, United (4) enter into agreements with the Admin- United States Government’s refusal to allow States Code, governing appointments in the istrator of General Services for procurement Jewish and other refugees fleeing persecu- competitive service, and without regard to of necessary financial and administrative tion or genocide in Europe entry to the the provisions of chapter 51 and subchapter services, for which payment shall be made by United States as provided in subsection (b). III of chapter 53 of such title relating to clas- reimbursement from funds of the Commis- (b) SCOPE OF REVIEW.—The Jewish Refugee sification and General Schedule pay rates, sion in such amounts as may be agreed upon Commission’s review shall cover the period except that the compensation of any em- by the Chairman of the Commission and the between January 1, 1933, through December ployee of the Commission may not exceed a Administrator; 31, 1945, and shall include, to the greatest ex- rate equivalent to the rate payable under (5) procure supplies, services, and property tent practicable, the following: GS–15 of the General Schedule under section by contract in accordance with applicable (1) A review of the United States Govern- 5332 of such title; laws and regulations and to the extent or in ment’s decision to deny Jewish and other (2) obtain the services of experts and con- such amounts as are provided in appropria- refugees fleeing persecution or genocide sultants in accordance with the provisions of tion Acts; and entry to the United States, including a re- section 3109 of such title; (6) enter into contracts with Federal or view of the underlying rationale of the (3) obtain the detail of any Federal Govern- State agencies, private firms, institutions, United States Government’s decision to ment employee, and such detail shall be and agencies for the conduct of research or refuse the Jewish and other refugees entry, without reimbursement or interruption or surveys, the preparation of reports, and the information the United States Govern- loss of civil service status or privilege; other activities necessary to the discharge of ment received or acquired suggesting such (4) enter into agreements with the Admin- the duties of the Commission, to the extent refusal was necessary, the perceived benefit istrator of General Services for procurement or in such amounts as are provided in appro- of such refusal, and the impact of such re- of necessary financial and administrative priation Acts. fusal on the refugees. services, for which payment shall be made by SEC. 714. FUNDING. (2) A review of Federal refugee law and pol- reimbursement from funds of the Commis- Of the amounts authorized to be appro- icy relating to those fleeing persecution or sion in such amounts as may be agreed upon priated to the Department of Justice, genocide, including recommendations for by the Chairman of the Commission and the $600,000 shall be available to carry out this making it easier in the future for victims of Administrator; subtitle. persecution or genocide to obtain refuge in (5) procure supplies, services, and property SEC. 715. SUNSET. the United States. by contract in accordance with applicable The European American Commission shall (c) FIELD HEARINGS.—The Jewish Refugee laws and regulations and to the extent or in terminate 60 days after it submits its report Commission shall hold public hearings in such amounts as are provided in appropria- to Congress. such cities of the United States as it deems tion Acts; and Subtitle B—Commission on Wartime appropriate. (6) enter into contracts with Federal or Treatment of Jewish Refugees (d) REPORT.—The Jewish Refugee Commis- State agencies, private firms, institutions, sion shall submit a written report of its find- and agencies for the conduct of research or SEC. 720. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF JEWISH ings and recommendations to Congress not surveys, the preparation of reports, and REFUGEES. later than 18 months after the date of the other activities necessary to the discharge of (a) IN GENERAL.—There is established the first meeting called pursuant to section the duties of the Commission, to the extent Commission on Wartime Treatment of Jew- 201(e). or in such amounts as are provided in appro- ish Refugees (referred to in this title as the SEC. 722. POWERS OF THE JEWISH REFUGEE priation Acts. ‘‘Jewish Refugee Commission’’). COMMISSION. SEC. 724. FUNDING. (b) MEMBERSHIP.—The Jewish Refugee (a) IN GENERAL.—The Jewish Refugee Com- Of the amounts authorized to be appro- Commission shall be composed of 7 members, mission or, on the authorization of the Com- priated to the Department of Justice, who shall be appointed not later than 90 days mission, any subcommittee or member $600,000 shall be available to carry out this after the date of enactment of this title as thereof, may, for the purpose of carrying out subtitle. follows: the provisions of this subtitle, hold such SEC. 725. SUNSET. (1) Three members shall be appointed by hearings and sit and act at such times and The Jewish Refugee Commission shall ter- the President. places, and request the attendance and testi- minate 60 days after it submits its report to (2) Two members shall be appointed by the mony of such witnesses and the production Congress. Speaker of the House of Representatives, in of such books, records, correspondence, consultation with the minority leader. memorandum, papers, and documents as the SA 3253. Mrs. FEINSTEIN submitted (3) Two members shall be appointed by the Commission or such subcommittee or mem- an amendment intended to be proposed majority leader of the Senate, in consulta- ber may deem advisable. The Jewish Refugee by her to the bill H.R. 3093, making ap- tion with the minority leader. Commission may request the Attorney Gen- propriations for the Departments of

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Of the unobligated balances made On page 51, line 15, strike the period and follows through ‘‘Funds’’ on line 3, and insert available for the Department of Justice in insert ‘‘: Provided further, That an additional the following: any fiscal year before fiscal year 2008, $2,416,000 shall be available to provide addi- (12) $110,000,000 is for grants under section $10,000,000 are rescinded. tional funding for the Bureau of Justice of 1701 of title I of the 1968 Act (42 U.S.C. Assistance to convert the National Motor 3796dd) for the hiring and rehiring of addi- SA 3260. Mr. BROWN (for himself, Vehicle Title Information System’s tional career law enforcement officers under Ms. STABENOW, Mr. BYRD, and Mr. (NMVTIS) systems data storage to server- part Q of such title, notwithstanding sub- ROCKEFELLER) submitted an amend- based architecture which amount shall be section (i) of such section; and ment intended to be proposed by him (13) offset by a $2,416,000 reduction in the Legal to the bill H.R. 3093, making appropria- Activities account.’’. On page 97, between lines 19 and 20, insert the following: tions for the Departments of Commerce SA 3254. Mrs. FEINSTEIN (for herself Of the unobligated balances made available and Justice, and Science, and Related and Mr. KYL) submitted an amendment for the Department of Justice in prior fiscal Agencies for the fiscal year ending Sep- intended to be proposed by her to the years, $110,000,000 are rescinded. tember 30, 2008, and for other purposes; bill H.R. 3093, making appropriations as follows: SA 3257. Mrs. MURRAY (for herself, for the Departments of Commerce and On page 97, between lines 9 and 10, and in- Mr. ISAKSON, and Mrs. BOXER) proposed sert the following: Justice, and Science, and Related an amendment to the bill S. 742, to Agencies for the fiscal year ending Sep- SEC. 528. LIMITATION ON NEGOTIATING amend the Toxic Substances Control TRADE AGREEMENTS. None of the funds ap- tember 30, 2008, and for other purposes; Act to reduce the health risks posed by propriated or otherwise made available in which was ordered to lie on the table; asbestos-containing materials and this Act may be used in a manner that is in- as follows: products having asbestos-containing consistent with the principal negotiating ob- On 88, line 1, strike ‘‘$625,000,000’’ and all material, and for other purposes; as fol- jective of the United States with respect to that follows through line 2 and insert the fol- trade remedy laws to preserve the ability of lowing: ‘‘$635,000,000 shall not be available lows: the United States— for obligation until the following fiscal year On page 24, strike lines 10 through 22. (1) to enforce vigorously its trade laws, in- and, notwithstanding any other provision of On page 24, line 23, strike ‘‘(10)’’ and insert cluding antidumping, countervailing duty, this Act, the amount appropriated under the ‘‘(6)’’. and safeguard laws; heading ‘SALARIES AND EXPENSES’ under the On page 25, strike lines 1 through 3. (2) to avoid agreements that— heading ‘OTHER DEPARTMENTAL MANAGE- On page 25, line 4, strike ‘‘(12)’’ and insert (A) lessen the effectiveness of domestic and MENT’ under title I is reduced by $10,000,000.’’. ‘‘(7)’’. international disciplines on unfair trade, es- On page 25, line 7, strike ‘‘(13)’’ and insert pecially dumping and subsidies; or SA 3255. Mr. KERRY submitted an ‘‘(8)’’. (B) lessen the effectiveness of domestic and amendment intended to be proposed by On page 25, line 11, strike ‘‘(14)(A)’’ and in- international safeguard provisions, in order him to the bill H.R. 3093, making ap- sert ‘‘(9)(A)’’. to ensure that United States workers, agri- On page 25, line 20, strike ‘‘(15)’’ and insert propriations for the Departments of cultural producers, and firms can compete ‘‘(10)’’. fully on fair terms and enjoy the benefits of Commerce and Justice, and Science, On page 25, line 23, strike ‘‘(16)’’ and insert and Related Agencies for the fiscal reciprocal trade concessions; and ‘‘(11)’’. (3) to address and remedy market distor- year ending September 30, 2008, and for On page 26, line 1, strike ‘‘(17)’’ and insert tions that lead to dumping and subsidiza- other purposes; which was ordered to ‘‘(12)’’. tion, including overcapacity, cartelization, On page 26, line 6, strike ‘‘(18)’’ and insert lie on the table; as follows: and market-access barriers. ‘‘(13)’’. At the appropriate place, insert the fol- On page 26, line 10, strike ‘‘(19)’’ and insert lowing: SA 3261. Mr. COBURN submitted an ‘‘(14)’’. amendment intended to be proposed by SEC. ll. DOCUMENT VERIFICATION TECH- On page 26, line 15, strike ‘‘(20)’’ and insert NOLOGY. ‘‘(15)’’. him to the bill H.R. 3093, making ap- (a) PILOT PROGRAM.—Not later than 180 On page 26, line 19, strike ‘‘(21)’’ and insert propriations for the Departments of days after the date of the enactment of this ‘‘(16)’’. Commerce and Justice, and Science, Act, the Secretary of Homeland Security, On page 27, line 1, strike ‘‘(22)’’ and insert and Related Agencies for the fiscal using funds appropriated by this Act, shall ‘‘(17)’’. year ending September 30, 2008, and for implement a pilot program to test auto- On page 27, line 6, strike ‘‘(23)’’ and insert mated document authentication technology other purposes; which was ordered to ‘‘(18)’’. lie on the table; as follows: at United States ports of entry to determine On page 27, line 15, strike ‘‘(24)’’ and insert the effectiveness of the technology in detect- ‘‘(19)’’. At the appropriate place, insert the ing fraudulent travel documents and reduc- On page 27, line 17, strike ‘‘(25)’’ and insert following: ing the ability of terrorists to enter the ‘‘(20)’’. SEC.ll. ACCOUNTABILITY AND TRANSPARENCY. United States. (a) PROHIBITED USE OF FUNDS.—A grant or (b) REPORT.—Not later than 90 days after SA 3258. Mrs. MURRAY proposed an contract funded by amounts appropriated by the completion of the pilot program under this Act may not be used for the purpose of subsection (a), the Secretary of Homeland amendment to the bill S. 742, to amend defraying the costs of a banquet or con- Security shall submit a report to the appro- the Toxic Substances Control Act to ference that is not directly and program- priate congressional committees (as defined reduce the health risks posed by asbes- matically related to the purpose for which in section 2(2) of the Homeland Security Act tos-containing materials and products the grant or contract was awarded. A di- of 2002 (6 U.S.C. 101(2))) on the results of the having asbestos-containing material, rectly and programmatically related ban- pilot program. and for other purposes; as follows: quet or conference includes a banquet or con- Amend the title so as to read: ‘‘To amend ference held in connection with planning, SA 3256. Mr. REID (for Mr. BIDEN (for the Toxic Substances Control Act to mate- training, assessment, review, or other rou- himself, Mr. KOHL, Mr. BINGAMAN, Mrs. rials and products having asbestos-con- tine purposes related to a project funded by CLINTON, Mr. KERRY, Mr. LEVIN, Mr. taining material, and for other purposes.’’. the grant or contract. Records of the total KENNEDY, Mr. BAYH, Ms. CANTWELL, costs related to, and justifications for, all Mrs. BOXER, Mr. Schumer, Mr. DODD, SA3259. Mr. KOHL submitted an banquets and conferences shall be reported Mr. CASEY, Ms. COLLINS, MR. CARDIN, amendment intended to be proposed by to the appropriate Department, Administra- Mr. REED, Mr. NELSON of Nebraska, Mr. him to the bill H.R. 3093, making ap- tion, or Foundation. Not later than 60 days LAUTENBERG, Ms. KLOBUCHAR, Mr. propriations for the Departments of after receipt of such records, the appropriate Department, Administration, or Foundation WHITEHOUSE, and Mr. LEAHY)) sub- Commerce and Justice, and Science, shall make the records available to the pub- mitted an amendment intended to be and Related Agencies for the fiscal lic. proposed by Mr. REID to the bill H.R. year ending September 30, 2008, and for (b) CONFLICT OF INTEREST STATEMENT.— 3093, making appropriations for the De- other purposes; which was ordered to Any person awarded a grant or contract partments of Commerce and Justice, lie on the table; as follows: funded by amounts appropriated by this Act

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shall submit a statement to the Secretary or (3) HISTORICALLY BLACK COLLEGE OR UNI- basis regarding the pilot program assisted the Director, as appropriate, certifying that VERSITY.—The term ‘‘historically Black col- under this subsection. no funds derived from the grant or contract lege or university’’ means a part B institu- (B) REPORT.—Not later than 1 year after will be made available through a subcontract tion as that term is defined in section 322(2) the date of enactment of this section, the or in any other manner to another person of the Higher Education Act of 1965 (20 U.S.C. Administrator shall submit to the commit- who has a financial interest or other conflict 1061(2)). tees described in subparagraph (A) a report of interest in the person awarded the grant (d) MINORITY ONLINE DEGREE PILOT PRO- evaluating the progress of the pilot program or contract, unless such conflict is pre- GRAM.— assisted under this subsection. viously disclosed and approved in the process (1) PILOT PROGRAM ESTABLISHED.— (6) LIMITATION ON USE OF OTHER FUNDS.— of entering into a contract or awarding a (A) IN GENERAL.—There is established with- The Administrator shall carry out this sub- grant. Not later than 60 days after receipt of in the National Telecommunications and In- section only with amounts appropriated in the certification, the appropriate Secretary, formation Administration a pilot program advance specifically to carry out this sub- Administrator, or Director shall make all under which the Administrator shall award 9 section. documents received that relate to the cer- grants to eligible educational institutions to tification available to the public. enable the eligible educational institutions SA 3264. Ms. CANTWELL submitted to develop digital and wireless networks for an amendment intended to be proposed SA 3262. Mr. KENNEDY submitted an online educational programs of study within by her to the bill H.R. 3093, making ap- amendment intended to be proposed by the eligible educational institutions. The propriations for the Departments of him to the bill H.R. 3093, making ap- Administrator shall award not less than 1 Commerce and Justice, and Science, propriations for the Departments of grant to each type of eligible educational in- and Related Agencies for the fiscal Commerce and Justice, and Science, stitution, enumerated under subsection year ending September 30, 2008, and for (c)(2). and Related Agencies for the fiscal other purposes; which was ordered to year ending September 30, 2008, and for (B) GRANT NUMBER AND AMOUNT.— (i) NUMBER.—The Administrator shall lie on the table; as follows: other purposes; which was ordered to award a total of 9 grants under this sub- On page 16, line 11, strike ‘‘fishery.’’ and lie on the table; as follows: section. insert ‘‘fishery: Provided further, That of the After section 113, insert the following: (ii) GRANT PAYMENT AMOUNTS.—The Admin- funds provided, $100,000 is provided for a SEC. 114. The National Oceanic and Atmos- istrator shall make grant payments under study to determine the feasibility, effective- pheric Administration Ship Henry B. this subsection in the amount of $500,000. ness, and costs of using advanced radar tech- Bigelow is the replacement for the National (2) PRIORITY.— nologies to enhance radar coverage along the Oceanic and Atmospheric Administration (A) IN GENERAL.—In awarding grants under outer coast of the State of Washington to Ship Albatross IV and, as such replacement, this subsection the Administrator shall give minimize or eliminate the region’s current has the same homeport of Woods Hole, Mas- priority to an eligible educational institu- radar gaps.’’. sachusetts. tion that, according to the most recent data available (including data available from the SA 3265. Mr. KENNEDY submitted an SA 3263. Mr. PRYOR (for himself, Mr. Bureau of the Census), serves a county, or amendment intended to be proposed by SMITH, and Mr. STEVENS) submitted an other appropriate political subdivision where him to the bill H.R. 3093, making ap- amendment intended to be proposed by no counties exist— propriations for the Departments of him to the bill H.R. 3093, making ap- (i) in which 50 percent of the residents of Commerce and Justice, and Science, the county, or other appropriate political propriations for the Departments of and Related Agencies for the fiscal Commerce and Justice, and Science, subdivision where no counties exist, are members of a racial or ethnic minority; year ending September 30, 2008, and for and Related Agencies for the fiscal (ii) in which less than 18 percent of the other purposes; which was ordered to year ending September 30, 2008, and for residents of the county, or other appropriate lie on the table; as follows: other purposes; which was ordered to political subdivision where no counties exist, After section 113, insert the following: lie on the table; as follows: have obtained a baccalaureate degree or a SEC. 114. The National Oceanic and Atmos- At the appropriate place, insert the fol- higher education; pheric Administration Ship Henry B. lowing: (iii) that has an unemployment rate of 7 Bigelow is the replacement for the National SEC. lll. DIGITAL AND WIRELESS NETWORKS percent or greater; Oceanic and Atmospheric Administration FOR HIGHER EDUCATION PILOT (iv) in which 20 percent or more of the resi- Ship Albatross IV and, as such replacement, PROGRAM. dents of the county, or other appropriate po- has the same homeport of Woods Hole, Mas- (a) SHORT TITLE.—This section may be litical subdivision where no counties exist, sachusetts. cited as the ‘‘ED 1.0 Act’’. live in poverty; (b) APPROPRIATIONS.—Notwithstanding any (v) that has a negative population growth SA 3266. Mr. REID (for Mrs. CLINTON other provision of this Act, from the amount rate; or (for herself, Mr. BROWN, and Mr. SCHU- appropriated under title I under the heading (vi) that has a family income of not more MER)) submitted an amendment in- ‘‘Technology Opportunities Program’’, than $32,000. $4,500,000 may be available for the pilot pro- (B) HIGHEST PRIORITY.—In awarding grants tended to be proposed by Mr. REID to gram under this section, to remain available under this subsection the Administrator the bill H.R. 3093, making appropria- until expended. shall give the highest priority to an eligible tions for the Departments of Commerce (c) DEFINITIONS.—In this section: educational institution that meets the great- and Justice, and Science, and Related (1) ADMINISTRATOR.—The term ‘‘Adminis- est number of requirements described in Agencies for the fiscal year ending Sep- trator’’ means the Administrator of the Na- clauses (i) through (vi) of subparagraph (A). tember 30, 2008, and for other purposes; tional Telecommunications and Information (3) USE OF FUNDS.—An eligible educational which was ordered to lie on the table; Administration. institution receiving a grant under this sub- as follows: (2) ELIGIBLE EDUCATIONAL INSTITUTION.— section may use the grant funds— The term ‘‘eligible educational institution’’ (A) to acquire equipment, instrumentation, On page 70, between lines 10 and 11, insert means an institution that is— networking capability, hardware, software, the following: (A) a historically Black college or univer- digital network technology, wireless tech- SEC. 217. Notwithstanding any other provi- sity; nology, or wireless infrastructure; sion of this title— (B) a Hispanic-serving institution as that (B) to develop and provide educational (1) the amount appropriated under the term is defined in section 502(a)(5) of the services, including faculty development; or heading ‘‘SALARIES AND EXPENSES’’ under the Higher Education Act of 1965 (20 U.S.C. (C) to develop strategic plans for informa- heading ‘‘GENERAL ADMINISTRATION’’ under 1101a(a)(5)); tion technology investments. this title is reduced by $6,250,000; (C) a tribally controlled college or univer- (4) MATCHING NOT REQUIRED.—The Adminis- (2) the amount appropriated under the sity as that term is defined in section 2(a)(4) trator shall not require an eligible edu- heading ‘‘SALARIES AND EXPENSES’’ under the of the Tribally Controlled College or Univer- cational institution to provide matching heading ‘‘FEDERAL BUREAU OF INVESTIGA- sity Assistance Act of 1978 (25 U.S.C. funds for a grant awarded under this sub- TION’’ under this title is increased by 1801(a)(4)); section. $6,250,000; and (D) an Alaska Native-serving institution as (5) CONSULTATIONS; REPORT.— (3) of the amount appropriated under the that term is defined in section 317(b)(2) of the (A) CONSULTATIONS.—The Administrator heading ‘‘SALARIES AND EXPENSES’’ under the Higher Education Act of 1965 (20 U.S.C. shall consult with the Committee on Appro- heading ‘‘FEDERAL BUREAU OF INVESTIGA- 1059d(b)(2)); or priations and the Committee on Commerce, TION’’ under this title, $6,250,000 is for inves- (E) a Native Hawaiian-serving institution Science, and Transportation of the Senate tigations relating to mortgage fraud. as that term is defined in section 317(b)(4) of and the Committee on Appropriations and the Higher Education Act of 1965 (20 U.S.C. the Committee on Energy and Commerce of SA 3267. Mr. AKAKA submitted an 1059d(b)(4)). the House of Representatives, on a quarterly amendment intended to be proposed by

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.145 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12811 him to the bill H.R. 3093, making ap- Gantman at the Rules and Administra- The PRESIDING OFFICER. Without propriations for the Departments of tion Committee, 224–6352. objection, it is so ordered. Commerce and Justice, and Science, f COMMITTEE ON FINANCE and Related Agencies for the fiscal AUTHORITY FOR COMMITTEES TO Ms. MIKULSKI. Mr. President, I ask year ending September 30, 2008, and for MEET unanimous consent that the Com- other purposes; which was ordered to mittee on Finance be authorized to lie on the table; as follows: COMMITTEE ON ARMED SERVICES meet during the session of the Senate On page 16, strike lines 22 through and 24, Ms. MIKULSKI. Mr. President, I ask on Thursday, October 4, 2007, at 2 p.m., and insert ‘‘$1,090,500,000, to remain available unanimous consent that the Com- in room 215 of the Dirksen Senate Of- until September 30, 2009, except funds pro- mittee on Armed Services be author- fice Building, to consider favorably re- vided for construction of facilities which ized to meet during the session of the porting an original bill entitled, ‘‘The shall remain available until expended: Pro- Senate on October 4, 2007, at 9:30 a.m., Heartland, Habitat, Harvest, and Horti- vided, That of such amount, $1,500,000 shall in open session to consider the fol- be for National Oceanic and Atmospheric Ad- culture Act of 2007’’ and legislation im- ministration weather system transmitter up- lowing nominations: Honorable John J. plementing the U.S.-Peru Trade Pro- grades to provide for the transmission of Young, Jr. to be Under Secretary of motion Agreement. emergency alert system emergency notifica- Defense for Acquisition, Technology, The PRESIDING OFFICER. Without tions: Provided further,’’. and Logistics; Douglas A. Brook to be objection, it is so ordered. Assistant Secretary of the Navy for Fi- COMMITTEE ON FOREIGN RELATIONS SA 3268. Ms. MIKULSKI proposed an nancial Management and Comptroller; Ms. MIKULSKI. Mr. President, I ask amendment to bill H.R. 3093, making and Robert L. Smolen to be Deputy Ad- unanimous consent that the Com- appropriations for the Departments of ministrator for Defense Programs, Na- mittee on Foreign Relations be author- Commerce and Justice, and Science, tional Nuclear Security Administra- ized to meet during the session of the and Related Agencies for the fiscal tion. Senate on Thursday, October 4, 2007, at year ending September 30, 2008, and for The PRESIDING OFFICER. Without 9:30 a.m. to hold a hearing on the Law other purposes; as follows: objection, it is so ordered. of the Sea Convention. On page 97, between lines 9 and 10, insert COMMITTEE ON BANKING, HOUSING, AND URBAN The PRESIDING OFFICER. Without the following: AFFAIRS objection, it is so ordered. SEC. 528. FUNDS FOR TEACH FOR AMERICA.— Ms. MIKULSKI. Mr. President, I ask Of the funds provided in this Act for the Na- unanimous consent that the Com- COMMITTEE ON INDIAN AFFAIRS tional Aeronautics and Space Administra- mittee on Banking, Housing, and Ms. MIKULSKI. Mr. President, I ask tion, under the heading ‘‘SCIENCE, AERO- Urban Affairs be authorized to meet unanimous consent that the Com- NAUTICS, AND EXPLORATION’’, $3,000,000 may mittee on Indian Affairs be authorized be for Teach for America for science, tech- during the session of the Senate on Oc- nology, engineering, and mathematics re- tober 4, 2007, at 10 a.m., in order to con- to meet on Thursday, October 4, 2007, lated activities. duct a hearing entitled ‘‘Examining the at 9:30 a.m. in room 628 of the Dirksen Regulation and Supervision of Indus- Senate Office Building to conduct an SA 3269. Mr. KERRY submitted an trial Loan Companies.’’ oversight hearing on Backlogs at the amendment intended to be proposed by The PRESIDING OFFICER. Without Department of the Interior: Land into him to the bill H.R. 3093, making ap- objection, it is so ordered. Trust Applications; Environmental Im- propriations for the Departments of COMMITTEE ON COMMERCE, SCIENCE, AND pact Statements; Probate; and Apprais- Commerce and Justice, and Science, TRANSPORTATION als and Lease Approvals. and Related Agencies for the fiscal Ms. MIKULSKI. Mr. President, I ask The PRESIDING OFFICER. Without year ending September 30, 2008, and for unanimous consent that the Com- objection, it is so ordered. other purposes; which was ordered to mittee on Commerce, Science, and COMMITTEE ON THE JUDICIARY lie on the table; as follows: Transportation be authorized to hold a Ms. MIKULSKI. Mr. President, I ask At the appropriate place, insert the fol- hearing during the session of the Sen- unanimous consent that the Senate lowing: ate on Thursday, October 4, 2007, at 10 Committee on the Judiciary be author- SEC. ll. DOCUMENT VERIFICATION TECH- ized to meet during the session of the NOLOGY. a.m., in room 253 of the Russell Senate (a) PILOT PROGRAM.—Not later than 180 Office Building. Senate in order to conduct an Execu- days after the date of the enactment of this The hearing will review the Depart- tive Business Meeting on Thursday, Oc- Act, the Secretary of Homeland Security ment of Homeland Security’s imple- tober 4, 2007, at 10 a.m. in the Dirksen shall implement a pilot program to test mentation and administration of sev- Senate Office Building room 226. automated document authentication tech- eral port and cargo security programs Agenda nology compatible with existing databases at authorized in the SAFE Port Act, the United States ports of entry to determine Maritime and Transportation Security I. Bills: S. 2035, Free Flow of Informa- the effectiveness of the technology in detect- tion Act of 2007 (SPECTER, SCHUMER, ing fraudulent travel documents and reduc- Act of 2002, and the Coast Guard and LUGAR, DODD, LEAHY, GRAHAM) and S. ing the ability of terrorists to enter the Maritime Transportation Act of 2004. United States. The PRESIDING OFFICER. Without 1640, Vessel Hull Design Protection (b) REPORT.—Not later than 90 days after objection, it is so ordered. Amendments of 2007 (LEAHY, CORNYN, the completion of the pilot program under COMMITTEE ON COMMERCE, SCIENCE, AND KOHL, WHITEHOUSE). subsection (a), the Secretary of Homeland TRANSPORTATION II. Resolutions: S. Res. 326, Sup- Security shall submit a report to the appro- Ms. MIKULSKI. Mr. President, I ask porting the goals and ideals of a Na- priate congressional committees (as defined unanimous consent that the Com- tional Day of Remembrance for Murder in section 2(2) of the Homeland Security Act Victims (CORNYN, FEINSTEIN, KYL) and of 2002 (6 U.S.C. 101(2))) on the results of the mittee on Commerce, Science, and pilot program. Transportation be authorized to hold a H. Con. Res. 193, Recognizing all hunt- ers across the United States for their f hearing during the session of the Sen- ate on Thursday, October 4, 2007, at 2:30 continued commitment to safety. NOTICE OF HEARING p.m., in room 253 of the Russell Senate III. Nominations: Thomas P. O’Brien COMMITTEE ON RULES AND ADMINISTRATION Office Building. to be United States Attorney for the Mrs. FEINSTEIN. Mr. President, I At this hearing, the Committee will Central District of California. wish to announce that the Committee explore the state of the Consumer The PRESIDING OFFICER. Without on Rules and Administration will meet Product Safety Commission, examine objection, it is so ordered. on Wednesday, November 7, 2007, at 10 reforms that are necessary to make the COMMITTEE ON THE JUDICIARY a.m., to hear testimony on the recently agency more effective to protect chil- Ms. MIKULSKI. Mr. President, I ask released GAO report regarding funding dren and other consumers from dan- unanimous consent that the Senate challenges and facilities maintenance gerous and defective products, and seek Committee on the Judiciary be author- at the Smithsonian Institution. comments on S. 2045, the Consumer ized to meet during the session of the For further information regarding Product Safety Commission Reform Senate to conduct a hearing entitled this hearing, please contact Howard Act of 2007. ‘‘Justice Denied? Implementation of

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.144 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12812 CONGRESSIONAL RECORD — SENATE October 4, 2007 the Hometown Heroes Survivors Bene- penses thereof for organizational movements), RESERVE PERSONNEL, MARINE CORPS and expenses of temporary duty travel between fits Act’’ on Thursday, October 4, 2007 For pay, allowances, clothing, subsistence, permanent duty stations, for members of the at 2:30 p.m. in the Dirksen Senate Of- gratuities, travel, and related expenses for per- Army on active duty, (except members of reserve sonnel of the Marine Corps Reserve on active fice Building room 226. components provided for elsewhere), cadets, and duty under section 10211 of title 10, United The PRESIDING OFFICER. Without aviation cadets; for members of the Reserve Offi- States Code, or while serving on active duty objection, it is so ordered. cers’ Training Corps; and for payments pursu- under section 12301(d) of title 10, United States JOINT ECONOMIC COMMITTEE ant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the De- Code, in connection with performing duty speci- Ms. MIKULSKI. Mr. President, I ask partment of Defense Military Retirement Fund, fied in section 12310(a) of title 10, United States unanimous consent that the Joint Eco- $31,734,076,000. Code, or while undergoing reserve training, or while performing drills or equivalent duty, and nomic Committee he authorized to MILITARY PERSONNEL, NAVY conduct a hearing entitled, ‘‘Mass In- for members of the Marine Corps platoon leaders For pay, allowances, individual clothing, sub- class, and expenses authorized by section 16131 carceration in the United States: At sistence, interest on deposits, gratuities, perma- of title 10, United States Code; and for payments What Cost?’’, in room 216 of the Hart nent change of station travel (including all ex- to the Department of Defense Military Retire- Senate Office Building, Thursday, Oc- penses thereof for organizational movements), ment Fund, $595,372,000. tober 4, 2007, from 10 a.m. to 1 p.m. and expenses of temporary duty travel between RESERVE PERSONNEL, AIR FORCE The PRESIDING OFFICER. Without permanent duty stations, for members of the objection, it is so ordered. Navy on active duty (except members of the Re- For pay, allowances, clothing, subsistence, serve provided for elsewhere), midshipmen, and gratuities, travel, and related expenses for per- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT aviation cadets; for members of the Reserve Offi- sonnel of the Air Force Reserve on active duty MANAGEMENT, THE FEDERAL WORKFORCE, cers’ Training Corps; and for payments pursu- under sections 10211, 10305, and 8038 of title 10, AND THE DISTRICT OF COLUMBIA ant to section 156 of Public Law 97–377, as United States Code, or while serving on active Ms. MIKULSKI. Mr. President, I ask amended (42 U.S.C. 402 note), and to the De- duty under section 12301(d) of title 10, United unanimous consent that the Com- partment of Defense Military Retirement Fund, States Code, in connection with performing duty mittee on Homeland Security and Gov- $23,338,772,000. specified in section 12310(a) of title 10, United ernmental Affairs’ Subcommittee on MILITARY PERSONNEL, MARINE CORPS States Code, or while undergoing reserve train- For pay, allowances, individual clothing, sub- ing, or while performing drills or equivalent Oversight of Government Managment, duty or other duty, and expenses authorized by the Federal Workforce, and the Dis- sistence, interest on deposits, gratuities, perma- nent change of station travel (including all ex- section 16131 of title 10, United States Code; and trict of Columbia be authorized to penses thereof for organizational movements), for payments to the Department of Defense Mili- meet during the session of the Senate and expenses of temporary duty travel between tary Retirement Fund, $1,368,897,000. on Thursday, October 4, 2007, at 2:30 permanent duty stations, for members of the NATIONAL GUARD PERSONNEL, ARMY p.m. in order to conduct a hearing Marine Corps on active duty (except members of entit1ed, ‘‘Forestalling the Coming the Reserve provided for elsewhere); and for For pay, allowances, clothing, subsistence, payments pursuant to section 156 of Public Law gratuities, travel, and related expenses for per- Pandemic: Infectious Disease Surveil- sonnel of the Army National Guard while on lance Overseas.’’ 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement duty under section 10211, 10302, or 12402 of title The PRESIDING OFFICER. Without Fund, $10,291,831,000. 10 or section 708 of title 32, United States Code, objection, it is so ordered. or while serving on duty under section 12301(d) MILITARY PERSONNEL, AIR FORCE of title 10 or section 502(f) of title 32, United f For pay, allowances, individual clothing, sub- States Code, in connection with performing duty sistence, interest on deposits, gratuities, perma- PRIVILEGES OF THE FLOOR specified in section 12310(a) of title 10, United nent change of station travel (including all ex- States Code, or while undergoing training, or Mr. MCCONNELL. Mr. President, I penses thereof for organizational movements), while performing drills or equivalent duty or ask unanimous consent that Earl and expenses of temporary duty travel between other duty, and expenses authorized by section Rilington and Eric Perritt, fellows permanent duty stations, for members of the Air 16131 of title 10, United States Code; and for Force on active duty (except members of reserve serving in Senator COCHRAN’s office, be payments to the Department of Defense Military components provided for elsewhere), cadets, and Retirement Fund, $5,947,354,000. granted the privilege of the floor dur- aviation cadets; for members of the Reserve Offi- ing consideration of the Departments cers’ Training Corps; and for payments pursu- NATIONAL GUARD PERSONNEL, AIR FORCE of Commerce and Justice, Science, and ant to section 156 of Public Law 97–377, as For pay, allowances, clothing, subsistence, related agencies appropriations bill. amended (42 U.S.C. 402 note), and to the De- gratuities, travel, and related expenses for per- The PRESIDING OFFICER. Without partment of Defense Military Retirement Fund, sonnel of the Air National Guard on duty under objection, it is so ordered. $24,155,054,000. section 10211, 10305, or 12402 of title 10 or section RESERVE PERSONNEL, ARMY 708 of title 32, United States Code, or while serv- f For pay, allowances, clothing, subsistence, ing on duty under section 12301(d) of title 10 or gratuities, travel, and related expenses for per- section 502(f) of title 32, United States Code, in DEPARTMENT OF DEFENSE connection with performing duty specified in APPROPRIATIONS ACT, 2008 sonnel of the Army Reserve on active duty under sections 10211, 10302, and 3038 of title 10, section 12310(a) of title 10, United States Code, On Wednesday, October 3, 2007, the United States Code, or while serving on active or while undergoing training, or while per- Senate passed H.R. 3222, as amended, as duty under section 12301(d) of title 10, United forming drills or equivalent duty or other duty, and expenses authorized by section 16131 of title follows: States Code, in connection with performing duty specified in section 12310(a) of title 10, United 10, United States Code; and for payments to the H.R. 3222 States Code, or while undergoing reserve train- Department of Defense Military Retirement Resolved, That the bill from the House of ing, or while performing drills or equivalent Fund, $2,616,560,000. Representatives (H.R. 3222) entitled ‘‘An Act duty or other duty, and expenses authorized by TITLE II making appropriations for the Department section 16131 of title 10, United States Code; and of Defense for the fiscal year ending Sep- for payments to the Department of Defense Mili- OPERATION AND MAINTENANCE tember 30, 2008, and for other purposes.’’, do tary Retirement Fund, $3,672,440,000. OPERATION AND MAINTENANCE, ARMY pass with the following amendment: RESERVE PERSONNEL, NAVY For expenses, not otherwise provided for, nec- Strike out all after the enacting clause and For pay, allowances, clothing, subsistence, essary for the operation and maintenance of the insert: That the following sums are appro- gratuities, travel, and related expenses for per- Army, as authorized by law; and not to exceed priated, out of any money in the Treasury not sonnel of the Navy Reserve on active duty under $11,478,000 can be used for emergencies and ex- otherwise appropriated, for the fiscal year end- section 10211 of title 10, United States Code, or traordinary expenses, to be expended on the ap- ing September 30, 2008, for military functions while serving on active duty under section proval or authority of the Secretary of the administered by the Department of Defense and 12301(d) of title 10, United States Code, in con- Army, and payments may be made on his certifi- for other purposes, namely: nection with performing duty specified in sec- cate of necessity for confidential military pur- TITLE I tion 12310(a) of title 10, United States Code, or poses, $28,598,563,000. while undergoing reserve training, or while per- MILITARY PERSONNEL OPERATION AND MAINTENANCE, NAVY forming drills or equivalent duty, and expenses MILITARY PERSONNEL, ARMY authorized by section 16131 of title 10, United For expenses, not otherwise provided for, nec- For pay, allowances, individual clothing, sub- States Code; and for payments to the Depart- essary for the operation and maintenance of the sistence, interest on deposits, gratuities, perma- ment of Defense Military Retirement Fund, Navy and the Marine Corps, as authorized by nent change of station travel (including all ex- $1,801,985,000. law; and not to exceed $6,257,000 can

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be used for emergencies and extraordinary ex- OPERATION AND MAINTENANCE, ARMY RESERVE UNITED STATES COURT OF APPEALS FOR THE penses, to be expended on the approval or au- For expenses, not otherwise provided for, nec- ARMED FORCES thority of the Secretary of the Navy, and pay- essary for the operation and maintenance, in- For salaries and expenses necessary for the ments may be made on his certificate of neces- cluding training, organization, and administra- United States Court of Appeals for the Armed sity for confidential military purposes, tion, of the Army Reserve; repair of facilities Forces, $11,971,000, of which not to exceed $5,000 $33,150,380,000. and equipment; hire of passenger motor vehicles; may be used for official representation purposes. travel and transportation; care of the dead; re- OPERATION AND MAINTENANCE, MARINE CORPS cruiting; procurement of services, supplies, and ENVIRONMENTAL RESTORATION, ARMY For expenses, not otherwise provided for, nec- equipment; and communications, $2,510,286,000. (INCLUDING TRANSFER OF FUNDS) essary for the operation and maintenance of the OPERATION AND MAINTENANCE, NAVY RESERVE For the Department of the Army, $444,879,000, Marine Corps, as authorized by law, For expenses, not otherwise provided for, nec- to remain available until transferred: Provided, $5,061,649,000. essary for the operation and maintenance, in- That the Secretary of the Army shall, upon de- OPERATION AND MAINTENANCE, AIR FORCE cluding training, organization, and administra- termining that such funds are required for envi- tion, of the Navy Reserve; repair of facilities ronmental restoration, reduction and recycling For expenses, not otherwise provided for, nec- and equipment; hire of passenger motor vehicles; of hazardous waste, removal of unsafe buildings essary for the operation and maintenance of the travel and transportation; care of the dead; re- and debris of the Department of the Army, or Air Force, as authorized by law; and not to ex- cruiting; procurement of services, supplies, and for similar purposes, transfer the funds made ceed $7,699,000 can be used for emergencies and equipment; and communications, $1,187,151,000. available by this appropriation to other appro- extraordinary expenses, to be expended on the OPERATION AND MAINTENANCE, MARINE CORPS priations made available to the Department of approval or authority of the Secretary of the Air RESERVE the Army, to be merged with and to be available Force, and payments may be made on his certifi- for the same purposes and for the same time pe- For expenses, not otherwise provided for, nec- cate of necessity for confidential military pur- riod as the appropriations to which transferred: poses, $32,599,333,000. essary for the operation and maintenance, in- cluding training, organization, and administra- Provided further, That upon a determination OPERATION AND MAINTENANCE, DEFENSE-WIDE tion, of the Marine Corps Reserve; repair of fa- that all or part of the funds transferred from this appropriation are not necessary for the pur- (INCLUDING TRANSFER OF FUNDS) cilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the poses provided herein, such amounts may be For expenses, not otherwise provided for, nec- dead; recruiting; procurement of services, sup- transferred back to this appropriation. essary for the operation and maintenance of ac- plies, and equipment; and communications, ENVIRONMENTAL RESTORATION, NAVY tivities and agencies of the Department of De- $208,688,000. fense (other than the military departments), as (INCLUDING TRANSFER OF FUNDS) OPERATION AND MAINTENANCE, AIR FORCE authorized by law, $23,239,227,000: Provided, For the Department of the Navy, $300,591,000, RESERVE That not less than $794,000,000 of such amount to remain available until transferred: Provided, shall be made available for Operation Jump For expenses, not otherwise provided for, nec- That the Secretary of the Navy shall, upon de- Start in order to maintain a significant essary for the operation and maintenance, in- termining that such funds are required for envi- durational force of the National Guard on the cluding training, organization, and administra- ronmental restoration, reduction and recycling southern land border of the United States to as- tion, of the Air Force Reserve; repair of facilities of hazardous waste, removal of unsafe buildings and equipment; hire of passenger motor vehicles; sist the United States Border Patrol in gaining and debris of the Department of the Navy, or for travel and transportation; care of the dead; re- operational control of that border, in addition similar purposes, transfer the funds made avail- cruiting; procurement of services, supplies, and to any other amounts made available under this able by this appropriation to other appropria- equipment; and communications, $2,816,103,000. Act for such purpose: Provided further, That tions made available to the Department of the not more than $25,000,000 may be used for the OPERATION AND MAINTENANCE, ARMY NATIONAL Navy, to be merged with and to be available for Combatant Commander Initiative Fund author- GUARD the same purposes and for the same time period ized under section 166a of title 10, United States For expenses of training, organizing, and ad- as the appropriations to which transferred: Pro- Code: Provided further, That not to exceed ministering the Army National Guard, including vided further, That upon a determination that $36,000,000 can be used for emergencies and ex- medical and hospital treatment and related ex- all or part of the funds transferred from this ap- traordinary expenses, to be expended on the ap- penses in non-Federal hospitals; maintenance, propriation are not necessary for the purposes proval or authority of the Secretary of Defense, operation, and repairs to structures and facili- provided herein, such amounts may be trans- and payments may be made on his certificate of ties; hire of passenger motor vehicles; personnel ferred back to this appropriation. services in the National Guard Bureau; travel necessity for confidential military purposes: ENVIRONMENTAL RESTORATION, AIR FORCE Provided further, That of the funds provided expenses (other than mileage), as authorized by under this heading, not less than $27,380,000 law for Army personnel on active duty, for (INCLUDING TRANSFER OF FUNDS) shall be made available for the Procurement Army National Guard division, regimental, and For the Department of the Air Force, Technical Assistance Cooperative Agreement battalion commanders while inspecting units in $458,428,000, to remain available until trans- Program, of which not less than $3,600,000 shall compliance with National Guard Bureau regula- ferred: Provided, That the Secretary of the Air be available for centers defined in 10 U.S.C. tions when specifically authorized by the Chief, Force shall, upon determining that such funds 2411(1)(D): Provided further, That none of the National Guard Bureau; supplying and equip- are required for environmental restoration, re- funds appropriated or otherwise made available ping the Army National Guard as authorized by duction and recycling of hazardous waste, re- by this Act may be used to plan or implement law; and expenses of repair, modification, main- moval of unsafe buildings and debris of the De- the consolidation of a budget or appropriations tenance, and issue of supplies and equipment partment of the Air Force, or for similar pur- liaison office of the Office of the Secretary of (including aircraft), $5,800,933,000. poses, transfer the funds made available by this Defense, the office of the Secretary of a military OPERATION AND MAINTENANCE, AIR NATIONAL appropriation to other appropriations made department, or the service headquarters of one GUARD available to the Department of the Air Force, to of the Armed Forces into a legislative affairs or For expenses of training, organizing, and ad- be merged with and to be available for the same legislative liaison office: Provided further, That ministering the Air National Guard, including purposes and for the same time period as the ap- $4,000,000, to remain available until expended, is medical and hospital treatment and related ex- propriations to which transferred: Provided fur- available only for expenses relating to certain penses in non-Federal hospitals; maintenance, ther, That upon a determination that all or part classified activities, and may be transferred as operation, and repairs to structures and facili- of the funds transferred from this appropriation necessary by the Secretary to operation and ties; transportation of things, hire of passenger are not necessary for the purposes provided maintenance appropriations or research, devel- motor vehicles; supplying and equipping the Air herein, such amounts may be transferred back opment, test and evaluation appropriations, to National Guard, as authorized by law; expenses to this appropriation. be merged with and to be available for the same for repair, modification, maintenance, and issue ENVIRONMENTAL RESTORATION, DEFENSE-WIDE time period as the appropriations to which of supplies and equipment, including those fur- transferred: Provided further, That any ceiling nished from stocks under the control of agencies (INCLUDING TRANSFER OF FUNDS) on the investment item unit cost of items that of the Department of Defense; travel expenses For the Department of Defense, $12,751,000, to may be purchased with operation and mainte- (other than mileage) on the same basis as au- remain available until transferred: Provided, nance funds shall not apply to the funds de- thorized by law for Air National Guard per- That the Secretary of Defense shall, upon deter- scribed in the preceding proviso: Provided fur- sonnel on active Federal duty, for Air National mining that such funds are required for envi- ther, That the transfer authority provided Guard commanders while inspecting units in ronmental restoration, reduction and recycling under this heading is in addition to any other compliance with National Guard Bureau regula- of hazardous waste, removal of unsafe buildings transfer authority provided elsewhere in this tions when specifically authorized by the Chief, and debris of the Department of Defense, or for Act. National Guard Bureau, $5,471,745,000. similar purposes, transfer the funds made

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available by this appropriation to other appro- other expenses necessary for the foregoing pur- AIRCRAFT PROCUREMENT, NAVY poses, $4,273,998,000, to remain available for ob- priations made available to the Department of For construction, procurement, production, ligation until September 30, 2010. Defense, to be merged with and to be available modification, and modernization of aircraft, for the same purposes and for the same time pe- MISSILE PROCUREMENT, ARMY equipment, including ordnance, spare parts, riod as the appropriations to which transferred: For construction, procurement, production, and accessories therefor; specialized equipment; Provided further, That upon a determination modification, and modernization of missiles, expansion of public and private plants, includ- that all or part of the funds transferred from equipment, including ordnance, ground han- ing the land necessary therefor, and such lands this appropriation are not necessary for the pur- dling equipment, spare parts, and accessories and interests therein, may be acquired, and con- poses provided herein, such amounts may be therefor; specialized equipment and training de- struction prosecuted thereon prior to approval transferred back to this appropriation. vices; expansion of public and private plants, of title; and procurement and installation of ENVIRONMENTAL RESTORATION, FORMERLY USED including the land necessary therefor, for the equipment, appliances, and machine tools in DEFENSE SITES foregoing purposes, and such lands and inter- public and private plants; reserve plant and (INCLUDING TRANSFER OF FUNDS) ests therein, may be acquired, and construction Government and contractor-owned equipment For the Department of the Army, $295,249,000, prosecuted thereon prior to approval of title; layaway, $12,599,744,000, to remain available for and procurement and installation of equipment, to remain available until transferred: Provided, obligation until September 30, 2010. appliances, and machine tools in public and pri- That the Secretary of the Army shall, upon de- vate plants; reserve plant and Government and WEAPONS PROCUREMENT, NAVY termining that such funds are required for envi- contractor-owned equipment layaway; and For construction, procurement, production, ronmental restoration, reduction and recycling other expenses necessary for the foregoing pur- modification, and modernization of missiles, tor- of hazardous waste, removal of unsafe buildings poses, $1,756,979,000, to remain available for ob- pedoes, other weapons, and related support and debris at sites formerly used by the Depart- ligation until September 30, 2010. equipment including spare parts, and acces- ment of Defense, transfer the funds made avail- sories therefor; expansion of public and private able by this appropriation to other appropria- PROCUREMENT OF WEAPONS AND TRACKED plants, including the land necessary therefor, tions made available to the Department of the COMBAT VEHICLES, ARMY and such lands and interests therein, may be ac- Army, to be merged with and to be available for For construction, procurement, production, quired, and construction prosecuted thereon the same purposes and for the same time period and modification of weapons and tracked com- prior to approval of title; and procurement and as the appropriations to which transferred: Pro- bat vehicles, equipment, including ordnance, installation of equipment, appliances, and ma- vided further, That upon a determination that spare parts, and accessories therefor; specialized chine tools in public and private plants; reserve all or part of the funds transferred from this ap- equipment and training devices; expansion of plant and Government and contractor-owned propriation are not necessary for the purposes public and private plants, including the land equipment layaway, $3,094,687,000, to remain provided herein, such amounts may be trans- necessary therefor, for the foregoing purposes, available for obligation until September 30, 2010. ferred back to this appropriation. and such lands and interests therein, may be ac- quired, and construction prosecuted thereon OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC PROCUREMENT OF AMMUNITION, NAVY AND prior to approval of title; and procurement and AID MARINE CORPS installation of equipment, appliances, and ma- For expenses relating to the Overseas Human- chine tools in public and private plants; reserve For construction, procurement, production, itarian, Disaster, and Civic Aid programs of the plant and Government and contractor-owned and modification of ammunition, and acces- Department of Defense (consisting of the pro- equipment layaway; and other expenses nec- sories therefor; specialized equipment and train- grams provided under sections 401, 402, 404, 407, essary for the foregoing purposes, $3,122,889,000, ing devices; expansion of public and private 2557, and 2561 of title 10, United States Code), to remain available for obligation until Sep- plants, including ammunition facilities, author- $63,300,000, to remain available until September tember 30, 2010. ized by section 2854 of title 10, United States 30, 2009. Code, and the land necessary therefor, for the PROCUREMENT OF AMMUNITION, ARMY foregoing purposes, and such lands and inter- FORMER SOVIET UNION THREAT REDUCTION For construction, procurement, production, ests therein, may be acquired, and construction ACCOUNT and modification of ammunition, and acces- prosecuted thereon prior to approval of title; For assistance to the republics of the former sories therefor; specialized equipment and train- and procurement and installation of equipment, Soviet Union, including assistance provided by ing devices; expansion of public and private appliances, and machine tools in public and pri- contract or by grants, for facilitating the elimi- plants, including ammunition facilities, author- vate plants; reserve plant and Government and nation and the safe and secure transportation ized by section 2854 of title 10, United States contractor-owned equipment layaway; and and storage of nuclear, chemical and other Code, and the land necessary therefor, for the other expenses necessary for the foregoing pur- weapons; for establishing programs to prevent foregoing purposes, and such lands and inter- poses, $1,058,832,000, to remain available for ob- the proliferation of weapons, weapons compo- ests therein, may be acquired, and construction ligation until September 30, 2010. nents, and weapon-related technology and ex- prosecuted thereon prior to approval of title; pertise; for programs relating to the training and procurement and installation of equipment, SHIPBUILDING AND CONVERSION, NAVY and support of defense and military personnel appliances, and machine tools in public and pri- For expenses necessary for the construction, for demilitarization and protection of weapons, vate plants; reserve plant and Government and acquisition, or conversion of vessels as author- weapons components and weapons technology contractor-owned equipment layaway; and ized by law, including armor and armament and expertise, and for defense and military con- other expenses necessary for the foregoing pur- thereof, plant equipment, appliances, and ma- tacts, $448,048,000, to remain available until Sep- poses, $2,208,976,000, to remain available for ob- chine tools and installation thereof in public tember 30, 2010: Provided, That of the amounts ligation until September 30, 2010. and private plants; reserve plant and Govern- provided under this heading, $12,000,000 shall be OTHER PROCUREMENT, ARMY ment and contractor-owned equipment layaway; available only to support the dismantling and For construction, procurement, production, procurement of critical, long leadtime compo- disposal of nuclear submarines, submarine reac- and modification of vehicles, including tactical, nents and designs for vessels to be constructed tor components, and security enhancements for support, and non-tracked combat vehicles; the or converted in the future; and expansion of transport and storage of nuclear warheads in purchase of passenger motor vehicles for re- public and private plants, including land nec- the Russian Far East. placement only; and the purchase of 3 vehicles essary therefor, and such lands and interests TITLE III required for physical security of personnel, not- therein, may be acquired, and construction prosecuted thereon prior to approval of title, as PROCUREMENT withstanding price limitations applicable to pas- senger vehicles but not to exceed $255,000 per ve- follows: AIRCRAFT PROCUREMENT, ARMY hicle; communications and electronic equipment; Carrier Replacement Program, $2,703,953,000; For construction, procurement, production, other support equipment; spare parts, ordnance, Carrier Replacement Program (AP), modification, and modernization of aircraft, and accessories therefor; specialized equipment $124,401,000; equipment, including ordnance, ground han- and training devices; expansion of public and NSSN, $1,796,191,000; dling equipment, spare parts, and accessories private plants, including the land necessary therefor; specialized equipment and training de- therefor, for the foregoing purposes, and such NSSN (AP), $1,172,710,000; vices; expansion of public and private plants, lands and interests therein, may be acquired, CVN Refuelings (AP), $297,344,000; including the land necessary therefor, for the and construction prosecuted thereon prior to ap- SSBN Submarine Refuelings, $187,652,000; foregoing purposes, and such lands and inter- proval of title; and procurement and installation SSBN Submarine Refuelings (AP), $42,744,000; ests therein, may be acquired, and construction of equipment, appliances, and machine tools in DDG–1000 Program, $2,807,437,000; prosecuted thereon prior to approval of title; public and private plants; reserve plant and DDG–1000 Program (AP), $150,886,000; and procurement and installation of equipment, Government and contractor-owned equipment appliances, and machine tools in public and pri- layaway; and other expenses necessary for the DDG–51 Destroyer, $48,078,000; vate plants; reserve plant and Government and foregoing purposes, $11,697,265,000, to remain Littoral Combat Ship (AP), $75,000,000; contractor-owned equipment layaway; and available for obligation until September 30, 2010. LPD–17, $1,398,922,000;

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In all: $13,205,438,000, to remain available for prosecuted thereon prior to approval of title; re- DEFENSE PRODUCTION ACT PURCHASES obligation until September 30, 2012: Provided, serve plant and Government and contractor- That additional obligations may be incurred owned equipment layaway; and other expenses For activities by the Department of Defense after September 30, 2012, for engineering serv- necessary for the foregoing purposes including pursuant to sections 108, 301, 302, and 303 of the ices, tests, evaluations, and other such budgeted rents and transportation of things, Defense Production Act of 1950 (50 U.S.C. App. work that must be performed in the final stage $4,920,219,000, to remain available for obligation 2078, 2091, 2092, and 2093), $65,092,000, to remain of ship construction: Provided further, That until September 30, 2010. available until expended. none of the funds provided under this heading PROCUREMENT OF AMMUNITION, AIR FORCE for the construction or conversion of any naval TITLE IV For construction, procurement, production, vessel to be constructed in shipyards in the and modification of ammunition, and acces- RESEARCH, DEVELOPMENT, TEST AND United States shall be expended in foreign fa- sories therefor; specialized equipment and train- EVALUATION cilities for the construction of major components ing devices; expansion of public and private of such vessel: Provided further, That none of RESEARCH, DEVELOPMENT, TEST AND plants, including ammunition facilities, author- the funds provided under this heading shall be EVALUATION, ARMY ized by section 2854 of title 10, United States used for the construction of any naval vessel in Code, and the land necessary therefor, for the For expenses necessary for basic and applied foreign shipyards. foregoing purposes, and such lands and inter- scientific research, development, test and eval- OTHER PROCUREMENT, NAVY ests therein, may be acquired, and construction uation, including maintenance, rehabilitation, For procurement, production, and moderniza- prosecuted thereon prior to approval of title; lease, and operation of facilities and equipment, tion of support equipment and materials not and procurement and installation of equipment, $11,355,005,000, to remain available for obliga- otherwise provided for, Navy ordnance (except appliances, and machine tools in public and pri- tion until September 30, 2009. ordnance for new aircraft, new ships, and ships vate plants; reserve plant and Government and RESEARCH, DEVELOPMENT, TEST AND authorized for conversion); the purchase of pas- contractor-owned equipment layaway; and EVALUATION, NAVY senger motor vehicles for replacement only, and other expenses necessary for the foregoing pur- the purchase of 10 vehicles required for physical poses, $854,167,000, to remain available for obli- For expenses necessary for basic and applied security of personnel, notwithstanding price gation until September 30, 2010. scientific research, development, test and eval- limitations applicable to passenger vehicles but OTHER PROCUREMENT, AIR FORCE uation, including maintenance, rehabilitation, not to exceed $255,000 per vehicle; expansion of lease, and operation of facilities and equipment, For procurement and modification of equip- public and private plants, including the land $17,472,210,000, to remain available for obliga- ment (including ground guidance and electronic necessary therefor, and such lands and interests tion until September 30, 2009: Provided, That control equipment, and ground electronic and therein, may be acquired, and construction funds appropriated in this paragraph which are communication equipment), and supplies, mate- prosecuted thereon prior to approval of title; available for the V–22 may be used to meet rials, and spare parts therefor, not otherwise and procurement and installation of equipment, unique operational requirements of the Special provided for; the purchase of passenger motor appliances, and machine tools in public and pri- Operations Forces: Provided further, That funds vehicles for replacement only, and the purchase vate plants; reserve plant and Government and appropriated in this paragraph shall be avail- of 2 vehicles required for physical security of contractor-owned equipment layaway, able for the Cobra Judy program. personnel, notwithstanding price limitations ap- $5,376,530,000, to remain available for obligation plicable to passenger vehicles but not to exceed RESEARCH, DEVELOPMENT, TEST AND until September 30, 2010. $255,000 per vehicle; lease of passenger motor ve- EVALUATION, AIR FORCE PROCUREMENT, MARINE CORPS hicles; and expansion of public and private For expenses necessary for the procurement, plants, Government-owned equipment and in- For expenses necessary for basic and applied manufacture, and modification of missiles, ar- stallation thereof in such plants, erection of scientific research, development, test and eval- mament, military equipment, spare parts, and structures, and acquisition of land, for the fore- uation, including maintenance, rehabilitation, accessories therefor; plant equipment, appli- going purposes, and such lands and interests lease, and operation of facilities and equipment, ances, and machine tools, and installation therein, may be acquired, and construction $26,070,841,000, to remain available for obliga- thereof in public and private plants; reserve prosecuted thereon, prior to approval of title; re- tion until September 30, 2009. plant and Government and contractor-owned serve plant and Government and contractor- RESEARCH, DEVELOPMENT, TEST AND equipment layaway; vehicles for the Marine owned equipment layaway, $15,517,127,000, to EVALUATION, DEFENSE-WIDE Corps, including the purchase of passenger remain available for obligation until September motor vehicles for replacement only; and expan- 30, 2010. For expenses of activities and agencies of the Department of Defense (other than the military sion of public and private plants, including land PROCUREMENT, DEFENSE-WIDE necessary therefor, and such lands and interests departments), necessary for basic and applied For expenses of activities and agencies of the therein, may be acquired, and construction scientific research, development, test and eval- Department of Defense (other than the military prosecuted thereon prior to approval of title, uation; advanced research projects as may be departments) necessary for procurement, pro- $2,091,897,000, to remain available for obligation designated and determined by the Secretary of duction, and modification of equipment, sup- until September 30, 2010. Defense, pursuant to law; maintenance, reha- plies, materials, and spare parts therefor, not bilitation, lease, and operation of facilities and AIRCRAFT PROCUREMENT, AIR FORCE otherwise provided for; the purchase of pas- equipment, $20,303,726,000, to remain available For construction, procurement, and modifica- senger motor vehicles for replacement only, and for obligation until September 30, 2009. tion of aircraft and equipment, including armor the purchase of 5 vehicles required for physical and armament, specialized ground handling security of personnel, notwithstanding prior OPERATIONAL TEST AND EVALUATION, DEFENSE equipment, and training devices, spare parts, limitations applicable to passenger vehicles but For expenses, not otherwise provided for, nec- and accessories therefor; specialized equipment; not to exceed $255,000 per vehicle; expansion of essary for the independent activities of the Di- expansion of public and private plants, Govern- public and private plants, equipment, and in- rector, Operational Test and Evaluation, in the ment-owned equipment and installation thereof stallation thereof in such plants, erection of direction and supervision of operational test in such plants, erection of structures, and ac- structures, and acquisition of land for the fore- and evaluation, including initial operational quisition of land, for the foregoing purposes, going purposes, and such lands and interests test and evaluation which is conducted prior to, and such lands and interests therein, may be ac- therein, may be acquired, and construction and in support of, production decisions; joint quired, and construction prosecuted thereon prosecuted thereon prior to approval of title; re- operational testing and evaluation; and admin- prior to approval of title; reserve plant and Gov- serve plant and Government and contractor- istrative expenses in connection therewith, ernment and contractor-owned equipment lay- owned equipment layaway, $3,246,843,000, to re- $180,264,000, to remain available for obligation away; and other expenses necessary for the main available for obligation until September 30, until September 30, 2009. foregoing purposes including rents and trans- 2010. TITLE V portation of things, $12,133,900,000, to remain NATIONAL GUARD AND RESERVE EQUIPMENT available for obligation until September 30, 2010. For procurement of aircraft, missiles, tracked REVOLVING AND MANAGEMENT FUNDS MISSILE PROCUREMENT, AIR FORCE combat vehicles, ammunition, other weapons, DEFENSE WORKING CAPITAL FUNDS For construction, procurement, and modifica- and other procurement for the reserve compo- tion of missiles, spacecraft, rockets, and related nents of the Armed Forces, $1,000,000,000, to re- For the Defense Working Capital Funds, equipment, including spare parts and acces- main available for obligation until September 30, $1,352,746,000.

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NATIONAL DEFENSE SEALIFT FUND components serving under the provisions of title INTELLIGENCE COMMUNITY MANAGEMENT For National Defense Sealift Fund programs, 10 and title 32, United States Code; for Oper- ACCOUNT projects, and activities, and for expenses of the ation and maintenance; for Procurement; and (INCLUDING TRANSFER OF FUNDS) National Defense Reserve Fleet, as established for Research, development, test and evaluation, For necessary expenses of the Intelligence by section 11 of the Merchant Ship Sales Act of $962,603,000: Provided, That the funds appro- Community Management Account, $709,376,000: 1946 (50 U.S.C. App. 1744), and for the necessary priated under this heading shall be available for Provided, That of the funds appropriated under expenses to maintain and preserve a U.S.-flag obligation for the same time period and for the this heading, $16,000,000 shall be transferred to merchant fleet to serve the national security same purpose as the appropriation to which the Department of Justice for the National Drug needs of the United States, $1,044,194,000, to re- transferred: Provided further, That upon a de- Intelligence Center. termination that all or part of the funds trans- main available until expended: Provided, That TITLE VIII none of the funds provided in this paragraph ferred from this appropriation are not necessary shall be used to award a new contract that pro- for the purposes provided herein, such amounts GENERAL PROVISIONS vides for the acquisition of any of the following may be transferred back to this appropriation: SEC. 8001. No part of any appropriation con- major components unless such components are Provided further, That the transfer authority tained in this Act shall be used for publicity or manufactured in the United States: auxiliary provided under this heading is in addition to propaganda purposes not authorized by the equipment, including pumps, for all shipboard any other transfer authority contained else- Congress. services; propulsion system components (that is; where in this Act. SEC. 8002. During the current fiscal year, pro- engines, reduction gears, and propellers); ship- JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT visions of law prohibiting the payment of com- board cranes; and spreaders for shipboard FUND pensation to, or employment of, any person not cranes: Provided further, That the exercise of a citizen of the United States shall not apply to (INCLUDING TRANSFER OF FUNDS) an option in a contract awarded through the personnel of the Department of Defense: Pro- obligation of previously appropriated funds For the ‘‘Joint Improvised Explosive Device vided, That salary increases granted to direct shall not be considered to be the award of a new Defeat Fund, $120,000,000: Provided, That such and indirect hire foreign national employees of contract: Provided further, That the Secretary funds shall be available to the Secretary of De- the Department of Defense funded by this Act of the military department responsible for such fense, notwithstanding any other provision of shall not be at a rate in excess of the percentage procurement may waive the restrictions in the law, for the purpose of allowing the Director of increase authorized by law for civilian employ- first proviso on a case-by-case basis by certi- the Joint Improvised Explosive Device Defeat ees of the Department of Defense whose pay is fying in writing to the Committees on Appro- Organization to investigate, develop and provide computed under the provisions of section 5332 of priations of the House of Representatives and equipment, supplies, services, training, facilities, title 5, United States Code, or at a rate in excess the Senate that adequate domestic supplies are personnel and funds to assist United States of the percentage increase provided by the ap- not available to meet Department of Defense re- forces in the defeat of improvised explosive de- propriate host nation to its own employees, quirements on a timely basis and that such an vices: Provided further, That within 60 days of whichever is higher: Provided further, That this acquisition must be made in order to acquire ca- the enactment of this Act, a plan for the in- section shall not apply to Department of De- pability for national security purposes. tended management and use of the Fund is pro- fense foreign service national employees serving vided to the congressional defense committees: TITLE VI at United States diplomatic missions whose pay Provided further, That the Secretary of Defense is set by the Department of State under the For- OTHER DEPARTMENT OF DEFENSE shall submit a report not later than 30 days eign Service Act of 1980: Provided further, That PROGRAMS after the end of each fiscal quarter to the con- the limitations of this provision shall not apply DEFENSE HEALTH PROGRAM gressional defense committees providing assess- to foreign national employees of the Department For expenses, not otherwise provided for, for ments of the evolving threats, individual service of Defense in the Republic of Turkey. medical and health care programs of the De- requirements to counter the threats, the current SEC. 8003. No part of any appropriation con- partment of Defense, as authorized by law, strategy for predeployment training of members tained in this Act shall remain available for ob- $23,490,051,000, of which $22,650,758,000 shall be of the Armed Forces on improvised explosive de- ligation beyond the current fiscal year, unless for Operation and maintenance, of which not to vices, and details on the execution of this Fund: expressly so provided herein. exceed one percent shall remain available until Provided further, That the Secretary of Defense SEC. 8004. No more than 20 percent of the ap- September 30, 2009, and of which up to may transfer funds provided herein to appro- propriations in this Act which are limited for $12,341,286,000 may be available for contracts priations for Operation and maintenance; Pro- obligation during the current fiscal year shall be entered into under the TRICARE program; of curement; Research, development, test and eval- obligated during the last 2 months of the fiscal which $362,261,000, to remain available for obli- uation; and defense working capital funds to year: Provided, That this section shall not apply gation until September 30, 2010, shall be for Pro- accomplish the purpose provided herein: Pro- to obligations for support of active duty training curement; and of which $477,032,000, to remain vided further, That amounts transferred shall be of reserve components or summer camp training available for obligation until September 30, 2009, merged with and available for the same pur- of the Reserve Officers’ Training Corps. shall be for Research, development, test and poses and time period as the appropriations to (TRANSFER OF FUNDS) evaluation. which transferred: Provided further, That this SEC. 8005. Upon determination by the Sec- transfer authority is in addition to any other CHEMICAL AGENTS AND MUNITIONS retary of Defense that such action is necessary transfer authority available to the Department DESTRUCTION, DEFENSE in the national interest, he may, with the ap- of Defense: Provided further, That the Secretary For expenses, not otherwise provided for, nec- proval of the Office of Management and Budget, of Defense shall, not fewer than 5 days prior to transfer not to exceed $3,700,000,000 of working essary for the destruction of the United States making transfers from this appropriation, notify stockpile of lethal chemical agents and muni- capital funds of the Department of Defense or the congressional defense committees in writing funds made available in this Act to the Depart- tions, to include construction of facilities, in ac- of the details of any such transfer. cordance with the provisions of section 1412 of ment of Defense for military functions (except the Department of Defense Authorization Act, OFFICE OF THE INSPECTOR GENERAL military construction) between such appropria- tions or funds or any subdivision thereof, to be 1986 (50 U.S.C. 1521), and for the destruction of For expenses and activities of the Office of the merged with and to be available for the same other chemical warfare materials that are not in Inspector General in carrying out the provisions purposes, and for the same time period, as the the chemical weapon stockpile, $1,517,724,000, of of the Inspector General Act of 1978, as amend- appropriation or fund to which transferred: which $1,186,500,000 shall be for Operation and ed, $225,995,000, of which $224,995,000 shall be Provided, That such authority to transfer may maintenance; $18,424,000 shall be for Procure- for Operation and maintenance, of which not to not be used unless for higher priority items, ment, to remain available until September 30, exceed $700,000 is available for emergencies and based on unforeseen military requirements, than 2010; $312,800,000 shall be for Research, develop- extraordinary expenses to be expended on the those for which originally appropriated and in ment, test and evaluation, of which $302,900,000 approval or authority of the Inspector General, no case where the item for which funds are re- shall only be for the Assembled Chemical Weap- and payments may be made on the Inspector quested has been denied by the Congress: Pro- ons Alternatives (ACWA) program, to remain General’s certificate of necessity for confidential vided further, That the Secretary of Defense available until September 30, 2008; and no less military purposes; and of which $1,000,000, to re- shall notify the Congress promptly of all trans- than $124,618,000 shall be for the Chemical main available until September 30, 2010, shall be fers made pursuant to this authority or any Stockpile Emergency Preparedness Program, of for Procurement. which $36,373,000 shall be for activities on mili- other authority in this Act: Provided further, TITLE VII tary installations and of which $88,245,000, to That no part of the funds in this Act shall be remain available until September 30, 2008, shall RELATED AGENCIES available to prepare or present a request to the be to assist State and local governments. Committees on Appropriations for reprogram- CENTRAL INTELLIGENCE AGENCY RETIREMENT ming of funds, unless for higher priority items, DRUG INTERDICTION AND COUNTER-DRUG AND DISABILITY SYSTEM FUND based on unforeseen military requirements, than ACTIVITIES, DEFENSE For payment to the Central Intelligence Agen- those for which originally appropriated and in (INCLUDING TRANSFER OF FUNDS) cy Retirement and Disability System Fund, to no case where the item for which reprogramming For drug interdiction and counter-drug activi- maintain the proper funding level for con- is requested has been denied by the Congress: ties of the Department of Defense, for transfer tinuing the operation of the Central Intelligence Provided further, That a request for multiple to appropriations available to the Department of Agency Retirement and Disability System, reprogrammings of funds using authority pro- Defense for military personnel of the reserve $262,500,000. vided in this section must be made prior to June

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00122 Fmt 0624 Sfmt 6333 E:\CR\FM\A04OC6.072 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12817 30, 2008: Provided further, That transfers among in the case of a contract for procurement of air- efits Fund when time spent as a full-time stu- military personnel appropriations shall not be craft, that includes, for any aircraft unit to be dent is credited toward completion of a service taken into account for purposes of the limitation procured through the contract for which pro- commitment: Provided, That this section shall on the amount of funds that may be transferred curement funds are requested in that budget re- not apply to those members who have reenlisted under this section: Provided further, That no quest for production beyond advance procure- with this option prior to October 1, 1987: Pro- obligation of funds may be made pursuant to ment activities in the fiscal year covered by the vided further, That this section applies only to section 1206 of Public Law 109–163 (or any suc- budget, full funding of procurement of such unit active components of the Army. cessor provision) unless the Secretary of Defense in that fiscal year; SEC. 8014. (a) None of the funds appropriated has notified the congressional defense commit- (2) cancellation provisions in the contract do by this Act shall be available to convert to con- tees prior to any such obligation. not include consideration of recurring manufac- tractor performance an activity or function of SEC. 8006. The Secretaries of the Air Force and turing costs of the contractor associated with the Department of Defense that, on or after the the Army are authorized, using funds available the production of unfunded units to be delivered date of the enactment of this Act, is performed under the heading ‘‘Operation and Mainte- under the contract; by more than 10 Department of Defense civilian nance, Air Force’’ and ‘‘Operation and Mainte- (3) the contract provides that payments to the employees unless— nance, Army’’, to complete phased repair contractor under the contract shall not be made (1) the conversion is based on the result of a projects, of which repairs may include upgrades in advance of incurred costs on funded units; public-private competition that includes a most and additions to Alaskan range infrastructure and efficient and cost effective organization plan de- and training areas, to include improved access (4) the contract does not provide for a price veloped by such activity or function; to these ranges. adjustment based on a failure to award a fol- (2) the Competitive Sourcing Official deter- (TRANSFER OF FUNDS) low-on contract. mines that, over all performance periods stated Funds appropriated in title III of this Act may SEC. 8007. During the current fiscal year, cash in the solicitation of offers for performance of be used for a multiyear procurement contract as balances in working capital funds of the De- the activity or function, the cost of performance follows: partment of Defense established pursuant to sec- of the activity or function by a contractor would M1A2 Abrams System Enhancement Package be less costly to the Department of Defense by tion 2208 of title 10, United States Code, may be Upgrades; M2A3/M3A3 Bradley Upgrades; and maintained in only such amounts as are nec- an amount that equals or exceeds the lesser of— SSN Virginia Class Submarine. (A) 10 percent of the most efficient organiza- essary at any time for cash disbursements to be EC. 8010. Within the funds appropriated for S tion’s personnel-related costs for performance of made from such funds: Provided, That transfers the operation and maintenance of the Armed that activity or function by Federal employees; may be made between such funds: Provided fur- Forces, funds are hereby appropriated pursuant or ther, That transfers may be made between work- to section 401 of title 10, United States Code, for (B) $10,000,000; and ing capital funds and the ‘‘Foreign Currency humanitarian and civic assistance costs under (3) the contractor does not receive an advan- Fluctuations, Defense’’ appropriation and the chapter 20 of title 10, United States Code. Such tage for a proposal that would reduce costs for ‘‘Operation and Maintenance’’ appropriation funds may also be obligated for humanitarian the Department of Defense by— accounts in such amounts as may be determined and civic assistance costs incidental to author- (A) not making an employer-sponsored health by the Secretary of Defense, with the approval ized operations and pursuant to authority insurance plan available to the workers who are of the Office of Management and Budget, except granted in section 401 of chapter 20 of title 10, to be employed in the performance of that activ- that such transfers may not be made unless the United States Code, and these obligations shall ity or function under the contract; or Secretary of Defense has notified the Congress be reported as required by section 401(d) of title (B) offering to such workers an employer- of the proposed transfer. Except in amounts 10, United States Code: Provided, That funds sponsored health benefits plan that requires the equal to the amounts appropriated to working available for operation and maintenance shall employer to contribute less towards the premium capital funds in this Act, no obligations may be be available for providing humanitarian and or subscription share than the amount that is made against a working capital fund to procure similar assistance by using Civic Action Teams paid by the Department of Defense for health or increase the value of war reserve material in- in the Trust Territories of the Pacific Islands benefits for civilian employees under chapter 89 ventory, unless the Secretary of Defense has no- and freely associated states of Micronesia, pur- of title 5, United States Code. tified the Congress prior to any such obligation. suant to the Compact of Free Association as au- (b)(1) The Department of Defense, without re- SEC. 8008. Funds appropriated by this Act thorized by Public Law 99–239: Provided fur- gard to subsection (a) of this section or sub- may not be used to initiate a special access pro- ther, That upon a determination by the Sec- section (a), (b), or (c) of section 2461 of title 10, gram without prior notification 30 calendar retary of the Army that such action is beneficial United States Code, and notwithstanding any days in advance to the congressional defense for graduate medical education programs con- administrative regulation, requirement, or policy committees. ducted at Army medical facilities located in Ha- to the contrary shall have full authority to SEC. 8009. None of the funds provided in this waii, the Secretary of the Army may authorize enter into a contract for the performance of any Act shall be available to initiate: (1) a multiyear the provision of medical services at such facili- commercial or industrial type function of the contract that employs economic order quantity ties and transportation to such facilities, on a Department of Defense that— procurement in excess of $20,000,000 in any 1 nonreimbursable basis, for civilian patients from (A) is included on the procurement list estab- year of the contract or that includes an un- American Samoa, the Commonwealth of the lished pursuant to section 2 of the Javits-Wag- funded contingent liability in excess of Northern Mariana Islands, the Marshall Is- ner-O’Day Act (41 U.S.C. 47); $20,000,000; or (2) a contract for advance pro- lands, the Federated States of Micronesia, (B) is planned to be converted to performance curement leading to a multiyear contract that Palau, and Guam. by a qualified nonprofit agency for the blind or employs economic order quantity procurement in SEC. 8011. (a) During fiscal year 2008, the ci- by a qualified nonprofit agency for other se- excess of $20,000,000 in any 1 year, unless the vilian personnel of the Department of Defense verely handicapped individuals in accordance congressional defense committees have been no- may not be managed on the basis of any end- with that Act; or tified at least 30 days in advance of the pro- strength, and the management of such per- (C) is planned to be converted to performance posed contract award: Provided, That no part of sonnel during that fiscal year shall not be sub- by a qualified firm under at least 51 percent any appropriation contained in this Act shall be ject to any constraint or limitation (known as ownership by an Indian tribe, as defined in sec- available to initiate a multiyear contract for an end-strength) on the number of such per- tion 4(e) of the Indian Self-Determination and which the economic order quantity advance pro- sonnel who may be employed on the last day of Education Assistance Act (25 U.S.C. 450b(e)), or curement is not funded at least to the limits of such fiscal year. the Government’s liability: Provided further, (b) The fiscal year 2009 budget request for the a Native Hawaiian Organization, as defined in That no part of any appropriation contained in Department of Defense as well as all justifica- section 8(a)(15) of the Small Business Act (15 this Act shall be available to initiate multiyear tion material and other documentation sup- U.S.C. 637(a)(15)). procurement contracts for any systems or com- porting the fiscal year 2009 Department of De- (2) This section shall not apply to depot con- ponent thereof if the value of the multiyear con- fense budget request shall be prepared and sub- tracts or contracts for depot maintenance as tract would exceed $500,000,000 unless specifi- mitted to the Congress as if subsections (a) and provided in sections 2469 and 2474 of title 10, cally provided in this Act: Provided further, (b) of this provision were effective with regard United States Code. That no multiyear procurement contract can be to fiscal year 2009. (c) The conversion of any activity or function terminated without 10-day prior notification to (c) Nothing in this section shall be construed of the Department of Defense under the author- the congressional defense committees: Provided to apply to military (civilian) technicians. ity provided by this section shall be credited to- further, That the execution of multiyear author- SEC. 8012. None of the funds made available ward any competitive or outsourcing goal, tar- ity shall require the use of a present value anal- by this Act shall be used in any way, directly or get, or measurement that may be established by ysis to determine lowest cost compared to an an- indirectly, to influence congressional action on statute, regulation, or policy and is deemed to nual procurement: Provided further, That none any legislation or appropriation matters pend- be awarded under the authority of, and in com- of the funds provided in this Act may be used ing before the Congress. pliance with, subsection (h) of section 2304 of for a multiyear contract executed after the date SEC. 8013. None of the funds appropriated by title 10, United States Code, for the competition of the enactment of this Act unless in the case this Act shall be available for the basic pay and or outsourcing of commercial activities. of any such contract— allowances of any member of the Army partici- (TRANSFER OF FUNDS) (1) the Secretary of Defense has submitted to pating as a full-time student and receiving bene- SEC. 8015. Funds appropriated in title III of Congress a budget request for full funding of fits paid by the Secretary of Veterans Affairs this Act for the Department of Defense Pilot units to be procured through the contract and, from the Department of Defense Education Ben- Mentor-Protege Program may be transferred to

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00123 Fmt 0624 Sfmt 6333 E:\CR\FM\A04OC6.073 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12818 CONGRESSIONAL RECORD — SENATE October 4, 2007 any other appropriation contained in this Act study pursuant to the provisions of OMB Cir- (e) The Secretary of Defense shall, with the solely for the purpose of implementing a Men- cular A–76 if the study being performed exceeds submission of the department’s fiscal year 2009 tor-Protege Program developmental assistance a period of 24 months after initiation of such budget request, submit a report presenting the agreement pursuant to section 831 of the Na- study with respect to a single function activity specific amounts of staff years of technical ef- tional Defense Authorization Act for Fiscal or 30 months after initiation of such study for a fort to be allocated for each defense FFRDC Year 1991 (Public Law 101–510; 10 U.S.C. 2302 multi-function activity. during that fiscal year and the associated budg- note), as amended, under the authority of this SEC. 8021. Funds appropriated by this Act for et estimates. provision or any other transfer authority con- the American Forces Information Service shall (f) Notwithstanding any other provision of tained in this Act. not be used for any national or international this Act, the total amount appropriated in this SEC. 8016. None of the funds in this Act may political or psychological activities. Act for FFRDCs is hereby reduced by be available for the purchase by the Department SEC. 8022. During the current fiscal year, the $53,428,000. of Defense (and its departments and agencies) of Department of Defense is authorized to incur SEC. 8025. None of the funds appropriated or welded shipboard anchor and mooring chain 4 obligations of not to exceed $350,000,000 for pur- made available in this Act shall be used to pro- inches in diameter and under unless the anchor poses specified in section 2350j(c) of title 10, cure carbon, alloy or armor steel plate for use in and mooring chain are manufactured in the United States Code, in anticipation of receipt of any Government-owned facility or property United States from components which are sub- contributions, only from the Government of Ku- under the control of the Department of Defense stantially manufactured in the United States: wait, under that section: Provided, That upon which were not melted and rolled in the United Provided, That for the purpose of this section receipt, such contributions from the Government States or Canada: Provided, That these procure- manufactured will include cutting, heat treat- of Kuwait shall be credited to the appropria- ment restrictions shall apply to any and all Fed- ing, quality control, testing of chain and weld- tions or fund which incurred such obligations. eral Supply Class 9515, American Society of ing (including the forging and shot blasting SEC. 8023. (a) Of the funds made available in Testing and Materials (ASTM) or American Iron process): Provided further, That for the purpose this Act, not less than $31,905,000 shall be avail- and Steel Institute (AISI) specifications of car- of this section substantially all of the compo- able for the Civil Air Patrol Corporation, of bon, alloy or armor steel plate: Provided further, nents of anchor and mooring chain shall be con- which— That the Secretary of the military department sidered to be produced or manufactured in the (1) $26,553,000 shall be available from ‘‘Oper- responsible for the procurement may waive this United States if the aggregate cost of the compo- ation and Maintenance, Air Force’’ to support restriction on a case-by-case basis by certifying nents produced or manufactured in the United Civil Air Patrol Corporation operation and in writing to the Committees on Appropriations States exceeds the aggregate cost of the compo- maintenance, readiness, counterdrug activities, of the House of Representatives and the Senate nents produced or manufactured outside the and drug demand reduction activities involving that adequate domestic supplies are not avail- United States: Provided further, That when youth programs; able to meet Department of Defense require- adequate domestic supplies are not available to (2) $4,477,000 shall be available from ‘‘Aircraft ments on a timely basis and that such an acqui- meet Department of Defense requirements on a Procurement, Air Force’’; and sition must be made in order to acquire capa- timely basis, the Secretary of the service respon- (3) $875,000 shall be available from ‘‘Other bility for national security purposes: Provided sible for the procurement may waive this restric- Procurement, Air Force’’ for vehicle procure- further, That these restrictions shall not apply tion on a case-by-case basis by certifying in ment. to contracts which are in being as of the date of writing to the Committees on Appropriations (b) The Secretary of the Air Force should the enactment of this Act. that such an acquisition must be made in order waive reimbursement for any funds used by the SEC. 8026. For the purposes of this Act, the to acquire capability for national security pur- Civil Air Patrol for counter-drug activities in term ‘‘congressional defense committees’’ means poses. support of Federal, State, and local government the Armed Services Committee of the House of SEC. 8017. None of the funds available to the agencies. Representatives, the Armed Services Committee Department of Defense may be used to demili- SEC. 8024. (a) None of the funds appropriated of the Senate, the Subcommittee on Defense of tarize or dispose of M–1 Carbines, M–1 Garand in this Act are available to establish a new De- the Committee on Appropriations of the Senate, rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- partment of Defense (department) federally and the Subcommittee on Defense of the Com- fles, or M–1911 pistols. funded research and development center mittee on Appropriations of the House of Rep- SEC. 8018. No more than $500,000 of the funds (FFRDC), either as a new entity, or as a sepa- resentatives. appropriated or made available in this Act shall rate entity administrated by an organization SEC. 8027. During the current fiscal year, the be used during a single fiscal year for any single managing another FFRDC, or as a nonprofit Department of Defense may acquire the modi- relocation of an organization, unit, activity or membership corporation consisting of a consor- fication, depot maintenance and repair of air- function of the Department of Defense into or tium of other FFRDCs and other non-profit en- craft, vehicles and vessels as well as the produc- within the National Capital Region: Provided, tities. tion of components and other Defense-related That the Secretary of Defense may waive this (b) No member of a Board of Directors, Trust- articles, through competition between Depart- restriction on a case-by-case basis by certifying ees, Overseers, Advisory Group, Special Issues ment of Defense depot maintenance activities in writing to the congressional defense commit- Panel, Visiting Committee, or any similar entity and private firms: Provided, That the Senior Ac- tees that such a relocation is required in the of a defense FFRDC, and no paid consultant to quisition Executive of the military department best interest of the Government. any defense FFRDC, except when acting in a or Defense Agency concerned, with power of SEC. 8019. In addition to the funds provided technical advisory capacity, may be com- delegation, shall certify that successful bids in- elsewhere in this Act, $15,000,000 is appropriated pensated for his or her services as a member of clude comparable estimates of all direct and in- only for incentive payments authorized by sec- such entity, or as a paid consultant by more direct costs for both public and private bids: tion 504 of the Indian Financing Act of 1974 (25 than one FFRDC in a fiscal year: Provided, Provided further, That Office of Management U.S.C. 1544): Provided, That a prime contractor That a member of any such entity referred to and Budget Circular A–76 shall not apply to or a subcontractor at any tier that makes a sub- previously in this subsection shall be allowed competitions conducted under this section. contract award to any subcontractor or supplier travel expenses and per diem as authorized SEC. 8028. (a)(1) If the Secretary of Defense, as defined in section 1544 of title 25, United under the Federal Joint Travel Regulations, after consultation with the United States Trade States Code, or a small business owned and con- when engaged in the performance of member- Representative, determines that a foreign coun- trolled by an individual or individuals defined ship duties. try which is party to an agreement described in under section 4221(9) of title 25, United States (c) Notwithstanding any other provision of paragraph (2) has violated the terms of the Code, shall be considered a contractor for the law, none of the funds available to the depart- agreement by discriminating against certain purposes of being allowed additional compensa- ment from any source during fiscal year 2008 types of products produced in the United States tion under section 504 of the Indian Financing may be used by a defense FFRDC, through a fee that are covered by the agreement, the Secretary Act of 1974 (25 U.S.C. 1544) whenever the prime or other payment mechanism, for construction of Defense shall rescind the Secretary’s blanket contract or subcontract amount is over $500,000 of new buildings, for payment of cost sharing waiver of the Buy American Act with respect to and involves the expenditure of funds appro- for projects funded by Government grants, for such types of products produced in that foreign priated by an Act making Appropriations for the absorption of contract overruns, or for certain country. Department of Defense with respect to any fis- charitable contributions, not to include em- (2) An agreement referred to in paragraph (1) cal year: Provided further, That notwith- ployee participation in community service and/ is any reciprocal defense procurement memo- standing section 430 of title 41, United States or development. randum of understanding, between the United Code, this section shall be applicable to any De- (d) Notwithstanding any other provision of States and a foreign country pursuant to which partment of Defense acquisition of supplies or law, of the funds available to the department the Secretary of Defense has prospectively services, including any contract and any sub- during fiscal year 2008, not more than 5,517 staff waived the Buy American Act for certain prod- contract at any tier for acquisition of commer- years of technical effort (staff years) may be ucts in that country. cial items produced or manufactured, in whole funded for defense FFRDCs: Provided, That of (b) The Secretary of Defense shall submit to or in part by any subcontractor or supplier de- the specific amount referred to previously in this the Congress a report on the amount of Depart- fined in section 1544 of title 25, United States subsection, not more than 1,060 staff years may ment of Defense purchases from foreign entities Code, or a small business owned and controlled be funded for the defense studies and analysis in fiscal year 2008. Such report shall separately by an individual or individuals defined under FFRDCs: Provided further, That this subsection indicate the dollar value of items for which the section 4221(9) of title 25, United States Code. shall not apply to staff years funded in the Na- Buy American Act was waived pursuant to any SEC. 8020. None of the funds appropriated by tional Intelligence Program (NIP) and the Mili- agreement described in subsection (a)(2), the this Act shall be available to perform any cost tary Intelligence Program (MIP). Trade Agreement Act of 1979 (19 U.S.C. 2501 et

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00124 Fmt 0624 Sfmt 6333 E:\CR\FM\A04OC6.073 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12819 seq.), or any international agreement to which which shall remain available until September 30, who has been confirmed by the Senate, deter- the United States is a party. 2009: Provided, That funds appropriated, trans- mines that the award of such contract is in the (c) For purposes of this section, the term ‘‘Buy ferred, or otherwise credited to the Central In- interest of the national defense. American Act’’ means title III of the Act entitled telligence Agency Central Services Working SEC. 8039. (a) Except as provided in subsection ‘‘An Act making appropriations for the Treas- Capital Fund during this or any prior or subse- (b) and (c), none of the funds made available by ury and Post Office Departments for the fiscal quent fiscal year shall remain available until ex- this Act may be used— year ending June 30, 1934, and for other pur- pended: Provided further, That any funds ap- (1) to establish a field operating agency; or poses’’, approved March 3, 1933 (41 U.S.C. 10a et propriated or transferred to the Central Intel- (2) to pay the basic pay of a member of the seq.). ligence Agency for advanced research and de- Armed Forces or civilian employee of the depart- SEC. 8029. Notwithstanding any other provi- velopment acquisition, for agent operations, and ment who is transferred or reassigned from a sion of law, funds available during the current for covert action programs authorized by the headquarters activity if the member or employ- fiscal year and hereafter for ‘‘Drug Interdiction President under section 503 of the National Se- ee’s place of duty remains at the location of that and Counter-Drug Activities, Defense’’ may be curity Act of 1947, as amended, shall remain headquarters. obligated for the Young Marines program. available until September 30, 2009. (b) The Secretary of Defense or Secretary of a SEC. 8030. During the current fiscal year, SEC. 8035. Notwithstanding any other provi- military department may waive the limitations amounts contained in the Department of De- sion of law, funds made available in this Act for in subsection (a), on a case-by-case basis, if the fense Overseas Military Facility Investment Re- the Defense Intelligence Agency may be used for Secretary determines, and certifies to the Com- covery Account established by section 2921(c)(1) the design, development, and deployment of mittees on Appropriations of the House of Rep- of the National Defense Authorization Act of General Defense Intelligence Program intel- resentatives and Senate that the granting of the 1991 (Public Law 101–510; 10 U.S.C. 2687 note) ligence communications and intelligence infor- waiver will reduce the personnel requirements or shall be available until expended for the pay- mation systems for the Services, the Unified and the financial requirements of the department. ments specified by section 2921(c)(2) of that Act. Specified Commands, and the component com- (c) This section does not apply to— SEC. 8031. (a) Notwithstanding any other pro- mands. (1) field operating agencies funded within the vision of law, the Secretary of the Air Force SEC. 8036. Of the funds appropriated to the National Intelligence Program; or may convey at no cost to the Air Force, without Department of Defense under the heading ‘‘Op- (2) an Army field operating agency established consideration, to Indian tribes located in the eration and Maintenance, Defense-Wide’’, not to eliminate, mitigate, or counter the effects of States of North Dakota, South Dakota, Mon- less than $10,000,000 shall be made available improvised explosive devices, and, as determined tana, and Minnesota relocatable military hous- only for the mitigation of environmental im- by the Secretary of the Army, other similar ing units located at Grand Forks Air Force Base pacts, including training and technical assist- threats. and Minot Air Force Base that are excess to the ance to tribes, related administrative support, SEC. 8040. The Secretary of Defense, notwith- needs of the Air Force. the gathering of information, documenting of standing any other provision of law, acting (b) The Secretary of the Air Force shall con- environmental damage, and developing a system through the Office of Economic Adjustment of vey, at no cost to the Air Force, military hous- for prioritization of mitigation and cost to com- the Department of Defense, may use funds made ing units under subsection (a) in accordance plete estimates for mitigation, on Indian lands available in this Act under the heading ‘‘Oper- with the request for such units that are sub- resulting from Department of Defense activities. ation and Maintenance, Defense-Wide’’ to make mitted to the Secretary by the Operation Walk- SEC. 8037. (a) None of the funds appropriated grants and supplement other Federal funds in ing Shield Program on behalf of Indian tribes in this Act may be expended by an entity of the accordance with the guidance provided in the located in the States of North Dakota, South Department of Defense unless the entity, in ex- report of the Committee on Appropriations of Dakota, Montana, and Minnesota. pending the funds, complies with the Buy Amer- the Senate accompanying this Act. (c) The Operation Walking Shield Program ican Act. For purposes of this subsection, the (RESCISSIONS) shall resolve any conflicts among requests of In- term ‘‘Buy American Act’’ means title III of the SEC. 8041. Of the funds appropriated in De- dian tribes for housing units under subsection Act entitled ‘‘An Act making appropriations for partment of Defense Appropriations Acts, the (a) before submitting requests to the Secretary of the Treasury and Post Office Departments for following funds are hereby rescinded from the the Air Force under subsection (b). the fiscal year ending June 30, 1934, and for following accounts and programs in the speci- (d) In this section, the term ‘‘Indian tribe’’ other purposes’’, approved March 3, 1933 (41 fied amounts: means any recognized Indian tribe included on U.S.C. 10a et seq.). the current list published by the Secretary of the (b) If the Secretary of Defense determines that ‘‘Procurement, Marine Corps, 2006/2008’’, Interior under section 104 of the Federally Rec- a person has been convicted of intentionally $15,000,000; ognized Indian Tribe Act of 1994 (Public Law affixing a label bearing a ‘‘Made in America’’ ‘‘Missile Procurement, Army, 2007/2009’’, 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). inscription to any product sold in or shipped to $18,100,000; SEC. 8032. During the current fiscal year, ap- the United States that is not made in America, ‘‘Procurement, Defense-Wide, 2007/2009’’, propriations which are available to the Depart- the Secretary shall determine, in accordance $15,913,000; ment of Defense for operation and maintenance with section 2410f of title 10, United States Code, ‘‘Research, Development, Test and Evalua- may be used to purchase items having an invest- whether the person should be debarred from tion, Army, 2007/2008’’, $13,300,000; ment item unit cost of not more than $250,000. contracting with the Department of Defense. ‘‘Research, Development, Test and Evalua- SEC. 8033. (a) During the current fiscal year, (c) In the case of any equipment or products tion, Air Force, 2007/2008’’, $75,000,000; none of the appropriations or funds available to purchased with appropriations provided under ‘‘Research, Development, Test and Evalua- the Department of Defense Working Capital this Act, it is the sense of the Congress that any tion, Defense-Wide, 2007/2008’’, $144,000,000; Funds shall be used for the purchase of an in- entity of the Department of Defense, in expend- ‘‘Shipbuilding and Conversion, Navy, 2007/ vestment item for the purpose of acquiring a ing the appropriation, purchase only American- 2011’’, $300,000,000; and new inventory item for sale or anticipated sale made equipment and products, provided that ‘‘Aircraft Procurement, Air Force, 2007/2009’’, during the current fiscal year or a subsequent American-made equipment and products are $72,000,000. fiscal year to customers of the Department of cost-competitive, quality-competitive, and avail- SEC. 8042. None of the funds available in this Defense Working Capital Funds if such an item able in a timely fashion. Act may be used to reduce the authorized posi- would not have been chargeable to the Depart- SEC. 8038. None of the funds appropriated by tions for military (civilian) technicians of the ment of Defense Business Operations Fund dur- this Act shall be available for a contract for Army National Guard, the Air National Guard, ing fiscal year 1994 and if the purchase of such studies, analysis, or consulting services entered Army Reserve and Air Force Reserve for the an investment item would be chargeable during into without competition on the basis of an un- purpose of applying any administratively im- the current fiscal year to appropriations made solicited proposal unless the head of the activity posed civilian personnel ceiling, freeze, or reduc- to the Department of Defense for procurement. responsible for the procurement determines— tion on military (civilian) technicians, unless (b) The fiscal year 2009 budget request for the (1) as a result of thorough technical evalua- such reductions are a direct result of a reduc- Department of Defense as well as all justifica- tion, only one source is found fully qualified to tion in military force structure. tion material and other documentation sup- perform the proposed work; SEC. 8043. None of the funds appropriated or porting the fiscal year 2009 Department of De- (2) the purpose of the contract is to explore an otherwise made available in this Act may be ob- fense budget shall be prepared and submitted to unsolicited proposal which offers significant sci- ligated or expended for assistance to the Demo- the Congress on the basis that any equipment entific or technological promise, represents the cratic People’s Republic of Korea unless specifi- which was classified as an end item and funded product of original thinking, and was submitted cally appropriated for that purpose. in a procurement appropriation contained in in confidence by one source; or SEC. 8044. Funds appropriated in this Act for this Act shall be budgeted for in a proposed fis- (3) the purpose of the contract is to take ad- operation and maintenance of the Military De- cal year 2009 procurement appropriation and vantage of unique and significant industrial ac- partments, Combatant Commands and Defense not in the supply management business area or complishment by a specific concern, or to insure Agencies shall be available for reimbursement of any other area or category of the Department of that a new product or idea of a specific concern pay, allowances and other expenses which Defense Working Capital Funds. is given financial support: Provided, That this would otherwise be incurred against appropria- SEC. 8034. None of the funds appropriated by limitation shall not apply to contracts in an tions for the National Guard and Reserve when this Act for programs of the Central Intelligence amount of less than $25,000, contracts related to members of the National Guard and Reserve Agency shall remain available for obligation be- improvements of equipment that is in develop- provide intelligence or counterintelligence sup- yond the current fiscal year, except for funds ment or production, or contracts as to which a port to Combatant Commands, Defense Agencies appropriated for the Reserve for Contingencies, civilian official of the Department of Defense, and Joint Intelligence Activities, including the

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During the current fiscal year, none (c) A notice under subsection (a) shall include tional Guard Distance Learning Project and be of the funds appropriated in this Act may be the following: available to defray the costs associated with the used to reduce the civilian medical and medical (1) A description of the equipment, supplies, use of equipment of the project under that sub- support personnel assigned to military treatment or services to be transferred. section. Such funds shall be available for such facilities below the September 30, 2003, level: (2) A statement of the value of the equipment, purposes without fiscal year limitation. Provided, That the Service Surgeons General supplies, or services to be transferred. SEC. 8055. Using funds available by this Act or may waive this section by certifying to the con- (3) In the case of a proposed transfer of equip- any other Act, the Secretary of the Air Force, gressional defense committees that the bene- ment or supplies— pursuant to a determination under section 2690 ficiary population is declining in some (A) a statement of whether the inventory re- of title 10, United States Code, may implement catchment areas and civilian strength reduc- quirements of all elements of the Armed Forces cost-effective agreements for required heating tions may be consistent with responsible re- (including the reserve components) for the type facility modernization in the Kaiserslautern source stewardship and capitation-based budg- of equipment or supplies to be transferred have Military Community in the Federal Republic of eting. been met; and Germany: Provided, That in the City of SEC. 8046. (a) None of the funds available to (B) a statement of whether the items proposed Kaiserslautern such agreements will include the the Department of Defense for any fiscal year to be transferred will have to be replaced and, use of United States anthracite as the base load for drug interdiction or counter-drug activities if so, how the President proposes to provide energy for municipal district heat to the United may be transferred to any other department or funds for such replacement. States Defense installations: Provided further, agency of the United States except as specifi- SEC. 8051. None of the funds available to the That at Landstuhl Army Regional Medical Cen- cally provided in an appropriations law. Department of Defense under this Act shall be ter and Ramstein Air Base, furnished heat may (b) None of the funds available to the Central be obtained from private, regional or municipal Intelligence Agency for any fiscal year for drug obligated or expended to pay a contractor under services, if provisions are included for the con- interdiction and counter-drug activities may be a contract with the Department of Defense for sideration of United States coal as an energy transferred to any other department or agency costs of any amount paid by the contractor to source. of the United States except as specifically pro- an employee when— (1) such costs are for a bonus or otherwise in SEC. 8056. None of the funds appropriated in vided in an appropriations law. title IV of this Act may be used to procure end- SEC. 8047. None of the funds appropriated by excess of the normal salary paid by the con- items for delivery to military forces for oper- this Act may be used for the procurement of ball tractor to the employee; and ational training, operational use or inventory and roller bearings other than those produced (2) such bonus is part of restructuring costs requirements: Provided, That this restriction by a domestic source and of domestic origin: associated with a business combination. does not apply to end-items used in develop- Provided, That the Secretary of the military de- (INCLUDING TRANSFER OF FUNDS) ment, prototyping, and test activities preceding partment responsible for such procurement may SEC. 8052. During the current fiscal year, no and leading to acceptance for operational use: waive this restriction on a case-by-case basis by more than $30,000,000 of appropriations made in Provided further, That this restriction does not certifying in writing to the Committees on Ap- this Act under the heading ‘‘Operation and apply to programs funded within the National propriations of the House of Representatives Maintenance, Defense-Wide’’ may be trans- Intelligence Program: Provided further, That and the Senate, that adequate domestic supplies ferred to appropriations available for the pay of the Secretary of Defense may waive this restric- are not available to meet Department of Defense military personnel, to be merged with, and to be tion on a case-by-case basis by certifying in requirements on a timely basis and that such an available for the same time period as the appro- writing to the Committees on Appropriations of acquisition must be made in order to acquire ca- priations to which transferred, to be used in the House of Representatives and the Senate pability for national security purposes: Provided support of such personnel in connection with that it is in the national security interest to do further, That this restriction shall not apply to support and services for eligible organizations so. the purchase of ‘‘commercial items’’, as defined and activities outside the Department of Defense SEC. 8057. Notwithstanding any other provi- by section 4(12) of the Office of Federal Procure- pursuant to section 2012 of title 10, United sion of law, funds available to the Department ment Policy Act, except that the restriction shall States Code. of Defense in this Act shall be made available to apply to ball or roller bearings purchased as end SEC. 8053. During the current fiscal year, in provide transportation of medical supplies and items. the case of an appropriation account of the De- equipment, on a nonreimbursable basis, to SEC. 8048. None of the funds in this Act may partment of Defense for which the period of American Samoa, and funds available to the De- be used to purchase any supercomputer which is availability for obligation has expired or which partment of Defense shall be made available to not manufactured in the United States, unless has closed under the provisions of section 1552 provide transportation of medical supplies and the Secretary of Defense certifies to the congres- of title 31, United States Code, and which has a equipment, on a nonreimbursable basis, to the sional defense committees that such an acquisi- negative unliquidated or unexpended balance, Indian Health Service when it is in conjunction tion must be made in order to acquire capability an obligation or an adjustment of an obligation for national security purposes that is not avail- with a civil-military project. may be charged to any current appropriation SEC. 8058. None of the funds made available in able from United States manufacturers. account for the same purpose as the expired or SEC. 8049. None of the funds made available in this Act may be used to approve or license the closed account if— this or any other Act may be used to pay the sale of the F–22A advanced tactical fighter to (1) the obligation would have been properly salary of any officer or employee of the Depart- any foreign government. chargeable (except as to amount) to the expired ment of Defense who approves or implements the SEC. 8059. (a) The Secretary of Defense may, transfer of administrative responsibilities or or closed account before the end of the period of on a case-by-case basis, waive with respect to a budgetary resources of any program, project, or availability or closing of that account; foreign country each limitation on the procure- activity financed by this Act to the jurisdiction (2) the obligation is not otherwise properly ment of defense items from foreign sources pro- of another Federal agency not financed by this chargeable to any current appropriation ac- vided in law if the Secretary determines that the Act without the express authorization of Con- count of the Department of Defense; and application of the limitation with respect to that gress: Provided, That this limitation shall not (3) in the case of an expired account, the obli- country would invalidate cooperative programs apply to transfers of funds expressly provided gation is not chargeable to a current appropria- entered into between the Department of Defense for in Defense Appropriations Acts, or provi- tion of the Department of Defense under the and the foreign country, or would invalidate re- sions of Acts providing supplemental appropria- provisions of section 1405(b)(8) of the National ciprocal trade agreements for the procurement of tions for the Department of Defense. Defense Authorization Act for Fiscal Year 1991, defense items entered into under section 2531 of SEC. 8050. (a) Notwithstanding any other pro- Public Law 101–510, as amended (31 U.S.C. 1551 title 10, United States Code, and the country vision of law, none of the funds available to the note): Provided, That in the case of an expired does not discriminate against the same or simi- Department of Defense for the current fiscal account, if subsequent review or investigation lar defense items produced in the United States year may be obligated or expended to transfer to discloses that there was not in fact a negative for that country. another nation or an international organization unliquidated or unexpended balance in the ac- (b) Subsection (a) applies with respect to— any defense articles or services (other than in- count, any charge to a current account under (1) contracts and subcontracts entered into on telligence services) for use in the activities de- the authority of this section shall be reversed or after the date of the enactment of this Act; scribed in subsection (b) unless the congres- and recorded against the expired account: Pro- and sional defense committees, the Committee on vided further, That the total amount charged to (2) options for the procurement of items that International Relations of the House of Rep- a current appropriation under this section may are exercised after such date under contracts resentatives, and the Committee on Foreign Re- not exceed an amount equal to 1 percent of the that are entered into before such date if the op- lations of the Senate are notified 15 days in ad- total appropriation for that account. tion prices are adjusted for any reason other vance of such transfer. SEC. 8054. (a) Notwithstanding any other pro- than the application of a waiver granted under (b) This section applies to— vision of law, the Chief of the National Guard subsection (a). (1) any international peacekeeping or peace- Bureau may permit the use of equipment of the (c) Subsection (a) does not apply to a limita- enforcement operation under the authority of National Guard Distance Learning Project by tion regarding construction of public vessels,

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ball and roller bearings, food, and clothing or SEC. 8065. Beginning in the current fiscal year in arrears in making payment to the Depart- textile materials as defined by section 11 (chap- and hereafter, refunds attributable to the use of ment of Defense for goods or services previously ters 50–65) of the Harmonized Tariff Schedule the Government travel card, refunds attrib- provided to such department or agency on a re- and products classified under headings 4010, utable to the use of the Government Purchase imbursable basis: Provided, That this restriction 4202, 4203, 6401 through 6406, 6505, 7019, 7218 Card and refunds attributable to official Gov- shall not apply if the department is authorized through 7229, 7304.41 through 7304.49, 7306.40, ernment travel arranged by Government Con- by law to provide support to such department or 7502 through 7508, 8105, 8108, 8109, 8211, 8215, tracted Travel Management Centers may be agency on a nonreimbursable basis, and is pro- and 9404. credited to operation and maintenance, and re- viding the requested support pursuant to such SEC. 8060. (a) None of the funds made avail- search, development, test and evaluation ac- authority: Provided further, That the Secretary able by this Act may be used to support any counts of the Department of Defense which are of Defense may waive this restriction on a case- training program involving a unit of the secu- current when the refunds are received. by-case basis by certifying in writing to the rity forces of a foreign country if the Secretary SEC. 8066. (a) None of the funds appropriated Committees on Appropriations of the House of of Defense has received credible information in this Act may be used for a mission critical or Representatives and the Senate that it is in the from the Department of State that the unit has mission essential financial management infor- national security interest to do so. committed a gross violation of human rights, mation technology system (including a system unless all necessary corrective steps have been funded by the defense working capital fund) SEC. 8068. Notwithstanding section 12310(b) of taken. that is not registered with the Chief Information title 10, United States Code, a Reserve who is a (b) The Secretary of Defense, in consultation Officer of the Department of Defense. A system member of the National Guard serving on full- with the Secretary of State, shall ensure that shall be considered to be registered with that of- time National Guard duty under section 502(f) prior to a decision to conduct any training pro- ficer upon the furnishing to that officer of no- of title 32 may perform duties in support of the gram referred to in subsection (a), full consider- tice of the system, together with such informa- ground-based elements of the National Ballistic ation is given to all credible information avail- tion concerning the system as the Secretary of Missile Defense System. able to the Department of State relating to Defense may prescribe. A financial management SEC. 8069. None of the funds provided in this human rights violations by foreign security information technology system shall be consid- Act may be used to transfer to any nongovern- forces. ered a mission critical or mission essential infor- (c) The Secretary of Defense, after consulta- mental entity ammunition held by the Depart- mation technology system as defined by the tion with the Secretary of State, may waive the ment of Defense that has a center-fire cartridge Under Secretary of Defense (Comptroller). prohibition in subsection (a) if he determines and a United States military nomenclature des- (b)(1) During the current fiscal year, a finan- that such waiver is required by extraordinary ignation of ‘‘armor penetrator’’, ‘‘armor piercing cial management automated information system, circumstances. (AP)’’, ‘‘armor piercing incendiary (API)’’, or (d) Not more than 15 days after the exercise of a mixed information system supporting financial ‘‘armor-piercing incendiary-tracer (API–T)’’, ex- any waiver under subsection (c), the Secretary and non-financial systems, or a system improve- cept to an entity performing demilitarization of Defense shall submit a report to the congres- ment of more than $1,000,000 may not receive services for the Department of Defense under a sional defense committees describing the extraor- Milestone A approval, Milestone B approval, or contract that requires the entity to demonstrate dinary circumstances, the purpose and duration full rate production, or their equivalent, within to the satisfaction of the Department of Defense of the training program, the United States forces the Department of Defense until the Under Sec- that armor piercing projectiles are either: (1) and the foreign security forces involved in the retary of Defense (Comptroller) certifies, with rendered incapable of reuse by the demilitariza- training program, and the information relating respect to that milestone, that the system is tion process; or (2) used to manufacture ammu- to human rights violations that necessitates the being developed and managed in accordance nition pursuant to a contract with the Depart- waiver. with the Department’s Financial Management ment of Defense or the manufacture of ammuni- SEC. 8061. None of the funds appropriated or Modernization Plan. The Under Secretary of tion for export pursuant to a License for Perma- made available in this Act to the Department of Defense (Comptroller) may require additional nent Export of Unclassified Military Articles the Navy shall be used to develop, lease or pro- certifications, as appropriate, with respect to issued by the Department of State. cure the T–AKE class of ships unless the main any such system. (2) The Chief Information Officer shall pro- SEC. 8070. Notwithstanding any other provi- propulsion diesel engines and propulsors are sion of law, the Chief of the National Guard manufactured in the United States by a domesti- vide the congressional defense committees timely Bureau, or his designee, may waive payment of cally operated entity: Provided, That the Sec- notification of certifications under paragraph all or part of the consideration that otherwise retary of Defense may waive this restriction on (1). would be required under section 2667 of title 10, a case-by-case basis by certifying in writing to (c)(1) During the current fiscal year, a major United States Code, in the case of a lease of per- the Committees on Appropriations of the House automated information system may not receive sonal property for a period not in excess of 1 of Representatives and the Senate that adequate Milestone A approval, Milestone B approval, or year to any organization specified in section domestic supplies are not available to meet De- full rate production approval, or their equiva- 508(d) of title 32, United States Code, or any partment of Defense requirements on a timely lent, within the Department of Defense until the other youth, social, or fraternal non-profit orga- basis and that such an acquisition must be made Chief Information Officer certifies, with respect in order to acquire capability for national secu- to that milestone, that the system is being devel- nization as may be approved by the Chief of the rity purposes or there exists a significant cost or oped in accordance with the Clinger-Cohen Act National Guard Bureau, or his designee, on a quality difference. of 1996 (40 U.S.C. 1401 et seq.). The Chief Infor- case-by-case basis. SEC. 8062. None of the funds appropriated or mation Officer may require additional certifi- SEC. 8071. None of the funds appropriated by otherwise made available by this or other De- cations, as appropriate, with respect to any this Act shall be used for the support of any partment of Defense Appropriations Acts may be such system. nonappropriated funds activity of the Depart- obligated or expended for the purpose of per- (2) The Chief Information Officer shall pro- ment of Defense that procures malt beverages forming repairs or maintenance to military fam- vide the congressional defense committees timely and wine with nonappropriated funds for resale ily housing units of the Department of Defense, notification of certifications under paragraph (including such alcoholic beverages sold by the including areas in such military family housing (1). Each such notification shall include a state- drink) on a military installation located in the units that may be used for the purpose of con- ment confirming that the following steps have United States unless such malt beverages and ducting official Department of Defense business. been taken with respect to the system: wine are procured within that State, or in the SEC. 8063. Notwithstanding any other provi- (A) Business process reengineering. case of the District of Columbia, within the Dis- sion of law, funds appropriated in this Act (B) An analysis of alternatives. trict of Columbia, in which the military installa- under the heading ‘‘Research, Development, (C) An economic analysis that includes a cal- tion is located: Provided, That in a case in Test and Evaluation, Defense-Wide’’ for any culation of the return on investment. which the military installation is located in new start advanced concept technology dem- (D) Performance measures. more than one State, purchases may be made in onstration project or joint capability demonstra- (E) An information assurance strategy con- any State in which the installation is located: tion project may only be obligated 30 days after sistent with the Department’s Global Informa- Provided further, That such local procurement a report, including a description of the project, tion Grid. requirements for malt beverages and wine shall (d) For purposes of this section: the planned acquisition and transition strategy apply to all alcoholic beverages only for military (1) The term ‘‘Chief Information Officer’’ and its estimated annual and total cost, has installations in States which are not contiguous means the senior official of the Department of been provided in writing to the congressional with another State: Provided further, That alco- Defense designated by the Secretary of Defense defense committees: Provided, That the Sec- holic beverages other than wine and malt bev- retary of Defense may waive this restriction on pursuant to section 3506 of title 44, United erages, in contiguous States and the District of a case-by-case basis by certifying to the congres- States Code. Columbia shall be procured from the most com- sional defense committees that it is in the na- (2) The term ‘‘information technology system’’ petitive source, price and other factors consid- tional interest to do so. has the meaning given the term ‘‘information ered. SEC. 8064. The Secretary of Defense shall pro- technology’’ in section 5002 of the Clinger- vide a classified quarterly report beginning 30 Cohen Act of 1996 (40 U.S.C. 1401). SEC. 8072. Funds available to the Department days after enactment of this Act, to the House SEC. 8067. During the current fiscal year, none of Defense for the Global Positioning System and Senate Appropriations Committees, Sub- of the funds available to the Department of De- during the current fiscal year may be used to committees on Defense on certain matters as di- fense may be used to provide support to another fund civil requirements associated with the sat- rected in the classified annex accompanying this department or agency of the United States if ellite and ground control segments of such sys- Act. such department or agency is more than 90 days tem’s modernization program.

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(INCLUDING TRANSFER OF FUNDS) ber 1, 2004, shall remain in force unless changes the Army shall develop the NLOS–C inde- SEC. 8073. Of the amounts appropriated in this are specifically authorized in a subsequent Act. pendent of the broader FCS development Act under the heading ‘‘Operation and Mainte- SEC. 8079. Notwithstanding any other provi- timeline to achieve fielding by fiscal year 2010. nance, Army’’, $34,500,000 shall remain avail- sion of law or regulation, the Secretary of De- In addition the Army will deliver eight (8) com- able until expended: Provided, That notwith- fense may exercise the provisions of section bat operational pre-production NLOS–C systems standing any other provision of law, the Sec- 7403(g) of title 38, United States Code, for occu- by the end of calendar year 2008. These systems retary of Defense is authorized to transfer such pations listed in section 7403(a)(2) of title 38, shall be in addition to those systems necessary funds to other activities of the Federal Govern- United States Code, as well as the following: for developmental and operational testing: Pro- ment: Provided further, That the Secretary of Pharmacists, Audiologists, Psychologists, So- vided further, That the Army shall ensure that Defense is authorized to enter into and carry cial Workers, Othotists/Prosthetists, Occupa- budgetary and programmatic plans will provide out contracts for the acquisition of real prop- tional Therapists, Physical Therapists, Reha- for no fewer than seven (7) Stryker Brigade erty, construction, personal services, and oper- bilitation Therapists, Respiratory Therapists, Combat Teams. ations related to projects carrying out the pur- Speech Pathologists, Dietitian/Nutritionists, In- SEC. 8084. Up to $3,000,000 of the funds appro- poses of this section: Provided further, That dustrial Hygienists, Psychology Technicians, priated under the heading ‘‘Operation and contracts entered into under the authority of Social Service Assistants, Practical Nurses, Maintenance, Navy’’ in this Act for the Pacific this section may provide for such indemnifica- Nursing Assistants, and Dental Hygienists: Missile Range Facility may be made available to tion as the Secretary determines to be necessary: (A) The requirements of section 7403(g)(1)(A) contract for the repair, maintenance, and oper- Provided further, That projects authorized by of title 38, United States Code, shall apply. ation of adjacent off-base water, drainage, and (B) The limitations of section 7403(g)(1)(B) of this section shall comply with applicable Fed- flood control systems, electrical upgrade to sup- title 38, United States Code, shall not apply. eral, State, and local law to the maximum extent port additional missions critical to base oper- SEC. 8080. Funds appropriated by this Act, or ations, and support for a range footprint expan- consistent with the national security, as deter- made available by the transfer of funds in this sion to further guard against encroachment. mined by the Secretary of Defense. Act, for intelligence activities are deemed to be SEC. 8074. Section 8106 of the Department of specifically authorized by the Congress for pur- SEC. 8085. The budget of the President for fis- Defense Appropriations Act, 1997 (titles I poses of section 504 of the National Security Act cal year 2009 submitted to the Congress pursu- through VIII of the matter under subsection of 1947 (50 U.S.C. 414) during fiscal year 2008 ant to section 1105 of title 31, United States 101(b) of Public Law 104–208; 110 Stat. 3009–111; until the enactment of the Intelligence Author- Code, shall include separate budget justification 10 U.S.C. 113 note) shall continue in effect to ization Act for fiscal year 2008. documents for costs of United States Armed apply to disbursements that are made by the De- SEC. 8081. None of the funds in this Act may Forces’ participation in contingency operations partment of Defense in fiscal year 2008. be used to initiate a new start program without for the Military Personnel accounts, the Oper- SEC. 8075. The Secretary of the Air Force is prior written notification to the Office of Sec- ation and Maintenance accounts, and the Pro- authorized, using funds available under the retary of Defense and the congressional defense curement accounts: Provided, That these docu- heading ‘‘Operation and Maintenance, Air committees. ments shall include a description of the funding Force’’, to complete phased electrical infrastruc- SEC. 8082. In addition to funds made available requested for each contingency operation, for ture upgrades at Hickam Air Force Base. elsewhere in this Act, $5,500,000 is hereby appro- each military service, to include all Active and SEC. 8076. (a) The Secretary of Defense, in co- priated and shall remain available until ex- Reserve components, and for each appropria- ordination with the Secretary of Health and pended to provide assistance, by grant or other- tions account: Provided further, That these doc- Human Services, may carry out a program to wise (such as, but not limited to, the provision uments shall include estimated costs for each distribute surplus dental and medical equipment of funds for repairs, maintenance, construction, element of expense or object class, a reconcili- of the Department of Defense, at no cost to the and/or for the purchase of information tech- ation of increases and decreases for each contin- Department of Defense, to Indian Health Serv- nology, text books, teaching resources), to public gency operation, and programmatic data includ- ice facilities and to federally-qualified health schools that have unusually high concentra- ing, but not limited to, troop strength for each centers (within the meaning of section tions of special needs military dependents en- Active and Reserve component, and estimates of 1905(l)(2)(B) of the Social Security Act (42 rolled: Provided, That in selecting school sys- the major weapons systems deployed in support U.S.C. 1396d(l)(2)(B))). tems to receive such assistance, special consider- of each contingency: Provided further, That (b) In carrying out this provision, the Sec- ation shall be given to school systems in States these documents shall include budget exhibits retary of Defense shall give the Indian Health that are considered overseas assignments, and OP–5 and OP–32 (as defined in the Department Service a property disposal priority equal to the all schools within these school systems shall be of Defense Financial Management Regulation) priority given to the Department of Defense and eligible for assistance: Provided further, That for all contingency operations for the budget its twelve special screening programs in distribu- up to 2 percent of the total appropriated funds year and the two preceding fiscal years. tion of surplus dental and medical supplies and under this section shall be available to support SEC. 8086. None of the funds in this Act may equipment. the administration and execution of the funds be used for research, development, test, evalua- (INCLUDING TRANSFER OF FUNDS) or program and/or events that promote the pur- tion, procurement or deployment of nuclear SEC. 8077. Of the amounts appropriated in this pose of this appropriation (e.g. payment of trav- armed interceptors of a missile defense system. Act under the heading ‘‘Research, Development, el and per diem of school teachers attending SEC. 8087. None of the funds appropriated or Test and Evaluation, Defense-Wide’’, conferences or a meeting that promotes the pur- made available in this Act shall be used to re- $155,572,000 shall be made available for the pose of this appropriation and/or consultant fees duce or disestablish the operation of the 53rd Arrow missile defense program: Provided, That for on-site training of teachers, staff, or Joint Weather Reconnaissance Squadron of the Air of this amount, $37,383,000 shall be available for Venture Education Forum (JVEF) Committee Force Reserve, if such action would reduce the the purpose of producing Arrow missile compo- members): Provided further, That up to WC–130 Weather Reconnaissance mission below nents in the United States and Arrow missile $2,000,000 shall be available for the Department the levels funded in this Act: Provided, That the components and missiles in Israel to meet of Defense to establish a non-profit trust fund to Air Force shall allow the 53rd Weather Recon- Israel’s defense requirements, consistent with assist in the public-private funding of public naissance Squadron to perform other missions in each nation’s laws, regulations and procedures, school repair and maintenance projects, or pro- support of national defense requirements during $15,000,000 shall be available for an Arrow Sys- vide directly to non-profit organizations who in the non-hurricane season. tem Improvement Program-Upper Tier program return will use these monies to provide assist- SEC. 8088. None of the funds provided in this for risk mitigation and preliminary design ac- ance in the form of repair, maintenance, or ren- Act shall be available for integration of foreign tivities to enhance the Arrow Weapon system, ovation to public school systems that have high intelligence information unless the information and $42,000,000 shall be available for the Short concentrations of special needs military depend- has been lawfully collected and processed dur- Range Ballistic Missile Defense (SRBMD) pro- ents and are located in States that are consid- ing the conduct of authorized foreign intel- gram: Provided further, That funds made avail- ered overseas assignments: Provided further, ligence activities: Provided, That information able under this provision for production of mis- That to the extent a Federal agency provides pertaining to United States persons shall only siles and missile components may be transferred this assistance, by contract, grant, or otherwise, be handled in accordance with protections pro- to appropriations available for the procurement it may accept and expend non-Federal funds in vided in the Fourth Amendment of the United of weapons and equipment, to be merged with combination with these Federal funds to provide States Constitution as implemented through Ex- and to be available for the same time period and assistance for the authorized purpose, if the ecutive Order No. 12333. the same purposes as the appropriation to which non-Federal entity requests such assistance and SEC. 8089. (a) At the time members of reserve transferred: Provided further, That the transfer the non-Federal funds are provided on a reim- components of the Armed Forces are called or authority provided under this provision is in ad- bursable basis. ordered to active duty under section 12302(a) of dition to any other transfer authority contained SEC. 8083. The Department of Defense and the title 10, United States Code, each member shall in this Act. Department of the Army shall make future be notified in writing of the expected period dur- SEC. 8078. None of the funds available to the budgetary and programming plans to fully fi- ing which the member will be mobilized. Department of Defense may be obligated to mod- nance the Non-Line of Sight Future Force can- (b) The Secretary of Defense may waive the ify command and control relationships to give non (NLOS–C) and a compatible large caliber requirements of subsection (a) in any case in Fleet Forces Command administrative and oper- ammunition resupply capability for this system which the Secretary determines that it is nec- ational control of U.S. Navy forces assigned to supported by the Future Combat Systems (FCS) essary to do so to respond to a national security the Pacific fleet: Provided, That the command Brigade Combat Team (BCT) in order to field emergency or to meet dire operational require- and control relationships which existed on Octo- this system in fiscal year 2010: Provided, That ments of the Armed Forces.

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(INCLUDING TRANSFER OF FUNDS) execute Theater Security Cooperation activities retary of the Department of the Interior for any SEC. 8090. The Secretary of Defense may such as humanitarian assistance, and payment expenses associated with the construction of the transfer funds from any available Department of incremental and personnel costs of training USS ARIZONA Memorial Museum and Visitors of the Navy appropriation to any available and exercising with foreign security forces: Pro- Center. Navy ship construction appropriation for the vided, That funds made available for this pur- SEC. 8105. (a) Notwithstanding any other pro- purpose of liquidating necessary changes result- pose may be used, notwithstanding any other vision of law, the Department of Defense shall ing from inflation, market fluctuations, or rate funding authorities for humanitarian assist- complete work on the destruction of the United adjustments for any ship construction program ance, security assistance or combined exercise States stockpile of lethal chemical agents and appropriated in law: Provided, That the Sec- expenses: Provided further, That funds may not munitions, including those stored at Blue Grass retary may transfer not to exceed $100,000,000 be obligated to provide assistance to any foreign Army Depot, Kentucky, and Pueblo Chemical under the authority provided by this section: country that is otherwise prohibited from receiv- Depot, Colorado, by the deadline established by Provided further, That the Secretary may not ing such type of assistance under any other pro- the Chemical Weapons Convention, and in no transfer any funds until 30 days after the pro- vision of law. circumstances later than December 31, 2017. posed transfer has been reported to the Commit- SEC. 8098. Notwithstanding any other provi- (b) REPORT.— tees on Appropriations of the Senate and the sion of this Act, to reflect savings from revised (1) Not later than December 31, 2007, and House of Representatives, unless sooner notified economic assumptions the total amount appro- every 180 days thereafter, the Secretary of De- by the Committees that there is no objection to priated in title II of this Act is hereby reduced fense shall submit to the parties described in the proposed transfer: Provided further, That by $470,000,000, the total amount appropriated paragraph (2) a report on the progress of the the transfer authority provided by this section is in title III of this Act is hereby reduced by Department of Defense toward compliance with in addition to any other transfer authority con- $506,000,000, the total amount appropriated in this section. tained elsewhere in this Act. title IV of this Act is hereby reduced by (2) The parties referred to in paragraph (1) SEC. 8091. (a) The total amount appropriated $367,000,000, and the total amount appropriated are the Speaker of the House of Representatives, or otherwise made available in title II of this in title V of this Act is hereby reduced by the Majority and Minority Leaders of the House Act is hereby reduced by $39,693,000 to limit ex- $10,000,000: Provided, That the Secretary of De- of Representatives, the Majority and Minority cessive growth in the travel and transportation fense shall allocate this reduction proportion- Leaders of the Senate, and the congressional de- of persons. ally to each budget activity, activity group, sub- fense committees. (b) The Secretary of Defense shall allocate activity group, and each program, project, and (3) Each report submitted under paragraph (1) this reduction proportionately to each budget activity, within each appropriation account. shall include the updated and projected annual activity, activity group, subactivity group, and SEC. 8099. None of the funds appropriated by funding levels necessary to achieve full compli- each program, project, and activity within each this Act available for the Civilian Health and ance with this section. The projected funding applicable appropriation account. Medical Program of the Uniformed Services levels for each report shall include a detailed ac- SEC. 8092. For purposes of section 612 of title (CHAMPUS) or TRICARE shall be available for counting of the complete life-cycle costs for each 41, United States Code, any subdivision of ap- the reimbursement of any health care provider of the chemical disposal projects. propriations made under the heading ‘‘Ship- for inpatient mental health service for care re- (c) In this section, the term ‘‘Chemical Weap- building and Conversion, Navy’’ that is not ceived when a patient is referred to a provider ons Convention’’ means the Convention on the closed at the time reimbursement is made shall of inpatient mental health care or residential Prohibition of Development, Production, Stock- be available to reimburse the Judgment Fund treatment care by a medical or health care pro- piling and Use of Chemical Weapons and on and shall be considered for the same purposes as fessional having an economic interest in the fa- Their Destruction, with annexes, done at Paris, any subdivision under the heading ‘‘Ship- cility to which the patient is referred: Provided, January 13, 1993, and entered into force April building and Conversion, Navy’’ appropriations That this limitation does not apply in the case 29, 1997 (T. Doc. 103–21). in the current fiscal year or any prior fiscal of inpatient mental health services provided SEC. 8106. Not later than 90 days after enact- year. under the program for persons with disabilities ment of this Act, the Secretary of Defense and SEC. 8093. (a) None of the funds appropriated under subsection (d) of section 1079 of title 10, the Secretary of Energy shall jointly submit a by this Act may be used to transfer research and United States Code, provided as partial hospital classified report to the congressional defense development, acquisition, or other program au- care, or provided pursuant to a waiver author- committees and to the Subcommittees on Energy thority relating to current tactical unmanned ized by the Secretary of Defense because of med- and Water Development of the Senate and aerial vehicles (TUAVs) from the Army. ical or psychological circumstances of the pa- House Appropriations Committees on the poli- (b) The Army shall retain responsibility for tient that are confirmed by a health professional cies and procedures governing the storage and and operational control of the Extended Range who is not a Federal employee after a review, logistic movement of U.S. nuclear weapons and Multi-Purpose (ERMP) Unmanned Aerial Vehi- pursuant to rules prescribed by the Secretary, nuclear components through all phases of the cle (UAV) in order to support the Secretary of which takes into account the appropriate level nuclear weapons cycle from cradle to grave: Defense in matters relating to the employment of of care for the patient, the intensity of services Provided, That the report shall include a review unmanned aerial vehicles. required by the patient, and the availability of and evaluation of the suitability and effective- SEC. 8094. Of the funds provided in this Act, that care. ness of— $10,000,000 shall be available for the operations SEC. 8100. Notwithstanding any other provi- (1) The standards and procedures for ensuring and development of training and technology for sion of law or regulation, the Secretary of De- accountability of nuclear weapons and compo- the Joint Interagency Training Center-East and fense may adjust wage rates for civilian employ- nents. the affiliated Center for National Response at ees hired for certain health care occupations as (2) The standards and procedures for the the Memorial Tunnel and for providing home- authorized for the Secretary of Veterans Affairs transfer of custody of nuclear weapons. land defense/security and traditional by section 7455 of title 38, United States Code. (3) The documentation used for the purpose of warfighting training to the Department of De- SEC. 8101. None of the funds appropriated by property accountability, custody receipting, and fense, other Federal agency, and State and local this Act for programs of the Office of the Direc- shipping transactions. first responder personnel at the Joint Inter- tor of National Intelligence shall remain avail- (4) The standards and procedures for nuclear agency Training Center-East. able for obligation beyond the current fiscal surety inspections. SEC. 8095. The authority to conduct a con- year, except for funds appropriated for research (5) The training of all personnel involved in tinuing cooperative program in the proviso in and technology, which shall remain available the handling, management, and accountability title II of Public Law 102–368 under the heading until September 30, 2009. of nuclear weapons and components. ‘‘Research, Development, Test and Evaluation, SEC. 8102. For purposes of section 1553(b) of SEC. 8107. Of the amount appropriated or oth- Defense Agencies’’ (106 Stat. 1121) shall be ex- title 31, United States Code, any subdivision of erwise made available by title IV under the tended through September 30, 2009, in coopera- appropriations made in this Act under the head- heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND tion with NELHA. ing ‘‘Shipbuilding and Conversion, Navy’’ shall EVALUATION, ARMY’’, up to $1,000,000 may be SEC. 8096. The Secretary of Defense may be considered to be for the same purpose as any available for the Smart Data Project: Real Time present promotional materials, including a subdivision under the heading ‘‘Shipbuilding Geospatial Video Sensor Intelligence program. United States flag, to any member of an Active and Conversion, Navy’’ appropriations in any SEC. 8108. Of the amount appropriated or oth- or Reserve component under the Secretary’s ju- prior fiscal year, and the 1 percent limitation erwise made available by title IV under the risdiction who, as determined by the Secretary, shall apply to the total amount of the appro- heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND participates in Operation Enduring Freedom or priation. EVALUATION, AIR FORCE’’ and available for Pro- Operation Iraqi Freedom, along with other rec- SEC. 8103. Notwithstanding any other provi- gram Element 0603112F, up to $1,000,000 may be ognition items in conjunction with any week- sion of law, that not more than 35 percent of available for Materials Integrity Management long national observation and day of national funds provided in this Act for environmental re- Research for Air Force Systems. celebration, if established by Presidential proc- mediation may be obligated under indefinite de- SEC. 8109. Of the amount appropriated or oth- lamation, for any such members returning from livery/indefinite quantity contracts with a total erwise made available by title IV under the such operations. contract value of $130,000,000 or higher. heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND SEC. 8097. Up to $15,000,000 of the funds ap- SEC. 8104. From amounts appropriated in this EVALUATION, NAVY’’ and available for the Per- propriated under the heading, ‘‘Operation and or previous Acts making appropriations for the manent Magnet Motor, up to $2,000,000 may be Maintenance, Navy’’ may be made available for Department of Defense which remain available used for the DDG–51 Class Modernization–Hy- the Asia Pacific Regional Initiative Program for for obligation, up to $20,000,000 may be trans- brid Propulsion Permanent Magnet Drive Sys- the purpose of enabling the Pacific Command to ferred by the Secretary of the Navy to the Sec- tem.

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SEC. 8110. AVAILABILITY OF FUNDS.—Of the ing ‘‘OPERATION AND MAINTENANCE, ARMY NA- (i) in the paragraph heading, by striking ‘‘SE- amount appropriated or otherwise made avail- TIONAL GUARD’’, up to $2,000,000 may be avail- CURITY FEATURES’’ and inserting ‘‘ADDITIONAL able by title III under the heading ‘‘OTHER PRO- able for the Minuteman Digitization Demonstra- FENCING ALONG SOUTHWEST BORDER’’; and CUREMENT, AIR FORCE’’, up to $4,000,000 may be tion Program. (ii) by striking subparagraphs (A) through (C) available for purposes of accelerating the de- SEC. 8116. Of the amount appropriated by title and inserting the following: ployment of the Associate Intermodal Platform IV under the heading ‘‘RESEARCH, DEVELOP- ‘‘(A) REINFORCED FENCING.—In carrying out pallet system. MENT, TEST, AND EVALUATION, ARMY’’, up to subsection (a), the Secretary of Homeland Secu- SEC. 8111. BORDER SECURITY REQUIRE- $1,000,000 may be available for Army Missile De- rity shall construct reinforced fencing along not MENTS.—(a) SHORT TITLE.—This section may be fense Systems Integration (PE #0603308A) for less than 700 miles of the southwest border cited as the ‘‘Border Security First Act of 2007’’. the High Altitude Airship Program. where fencing would be most practical and ef- (b) APPROPRIATIONS FOR BORDER SECURITY.— SEC. 8117. Of the amount appropriated or oth- fective and provide for the installation of addi- There is appropriated, out of any money in the erwise made available by title IV under the tional physical barriers, roads, lighting, cam- Treasury not otherwise appropriated, heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND eras, and sensors to gain operational control of $3,000,000,000 for fiscal year 2008— EVALUATION, ARMY’’, up to $3,750,000 may be the southwest border. (1) to achieve and maintain operational con- available for a Mid-Infrared Advanced Chemical ‘‘(B) PRIORITY AREAS.—In carrying out this trol over the entire international land and mari- Laser at the High Energy Laser Systems Test section, the Secretary of Homeland Security time border of the United States, including the Facility. shall— ability to monitor such border through available SEC. 8118. Of the amount appropriated or oth- ‘‘(i) identify the 370 miles along the southwest methods and technology, as authorized under erwise made available by title IV under the border where fencing would be most practical the Secure Fence Act of 2006 (Public Law 109– heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND and effective in deterring smugglers and aliens 367); EVALUATION, ARMY’’, up to $3,750,000 may be attempting to gain illegal entry into the United (2) to hire and train full-time border patrol available for a sea light Beam Director and the States; and agents, as authorized under section 5202 of the High Energy Laser Systems Test Facility. ‘‘(ii) not later than December 31, 2008, com- Intelligence Reform and Terrorism Prevention SEC. 8119. Paragraph 1(b) of rule XXXV of the plete construction of reinforced fencing along Act of 2004 (Public Law 108–458); the 370 miles identified under clause (i). (3) to install along the international land bor- Standing Rules of the Senate is amended by adding at the end the following: ‘‘(C) CONSULTATION.— der between the United States and Mexico— ‘‘(i) IN GENERAL.—In carrying out this section, ‘‘(3) It is not a gift for a commercial airline to (A) fencing required under section 102(b) of the Secretary of Homeland Security shall con- allow a Member, officer, or employee to make the Illegal Immigration Reform and Immigrant sult with the Secretary of Interior, the Secretary multiple reservations on scheduled flights con- Responsibility Act of 1996 (8 U.S.C. 1103 note)); of Agriculture, States, local governments, In- sistent with Senate travel regulations.’’. and dian tribes, and property owners in the United SEC. 8120. Of the amount appropriated or oth- (B) vehicle barriers, unmanned aerial vehicles, States to minimize the impact on the environ- erwise made available by title IV under the ground-based sensors and cameras; and ment, culture, commerce, and quality of life for (4) to remove and detain aliens for overstaying heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND the communities and residents located near the their visas, illegally reentering the United EVALUATION, NAVY’’, up to $1,000,000 may be sites at which such fencing is to be constructed. States, or committing other crimes for which available for the development of Low-Cost, High ‘‘(ii) SAVINGS PROVISION.—Nothing in this sub- they would be subject to removal; and Resolution, remote controlled Side Scan Sonar paragraph may be construed to— (5) to reimburse States and political subdivi- for USV and Harbor Surveillance Applications. ‘‘(I) create any right of action for a State, sions of a State, for expenses that are reimburs- SEC. 8121. Not later than 30 days after the local government, or other person or entity af- able under 287(g) of the Immigration and Na- date of the enactment of this Act, the Secretary fected by this subsection; or tionality Act (8 U.S.C. 1357(g)). of Defense shall establish and maintain on the ‘‘(II) affect the eminent domain laws of the (c) EMPLOYMENT ELIGIBILITY VERIFICATION.— homepage of the Internet website of the Depart- United States or of any State. Of the amounts appropriated for border security ment of Defense a direct link to the Internet ‘‘(D) LIMITATION ON REQUIREMENTS.—Not- and employment verification improvements website of the Office of Inspector General of the withstanding subparagraph (A), nothing in this under subsection (b), $60,000,000 shall be made Department of Defense. paragraph shall require the Secretary of Home- available for employment eligibility verification, SEC. 8122. Of the amount appropriated or oth- land Security to install fencing, physical bar- as authorized under subtitle A of title IV of the erwise made available by title IV under the riers, roads, lighting, cameras, and sensors in a Illegal Immigration Reform and Immigrant Re- heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND particular location along an international bor- sponsibility Act of 1996 (8 U.S.C. 1324a note). EVALUATION, NAVY’’, up to $5,000,000 may be der of the United States, if the Secretary deter- (d) EMERGENCY REQUIREMENT.—Amounts ap- available for the Laser Perimeter Awareness propriated under subsection (b) are designated mines that the use or placement of such re- System for integration into the Electronic Har- sources is not the most appropriate means to as an emergency requirement pursuant to sec- bor Security System. tion 204 of S. Con. Res. 21 (110th Congress). achieve and maintain operational control over SEC. 8123. Of the amount appropriated or oth- the international border at such location.’’; and SEC. 8112. (a) AMOUNT FOR TROOPS TO NURSE erwise made available by title IV under the TEACHERS PROGRAM FROM MILITARY PER- (D) in paragraph (5), as redesignated, by heading ‘‘RESEARCH, DEVELOPMENT, TEST AND SONNEL, ARMY.—Of the amount appropriated or striking ‘‘to carry out this subsection not to ex- EVALUATION, NAVY’’, up to $5,000,000 may be otherwise made available by title I under the ceed $12,000,000’’ and inserting ‘‘such sums as made available for the High Temperature Super- may be necessary to carry out this subsection’’. heading ‘‘MILITARY PERSONNEL, ARMY’’, up to conductor AC Synchronous Propulsion Motor. $1,000,000 may be available for a pilot program SEC. 8127. Of the amount appropriated or oth- SEC. 8124. Of the amount appropriated or oth- erwise made available by title II under the head- on troops to nurse teachers. erwise made available by title IV under the (b) AMOUNT FOR TROOPS TO NURSE TEACHERS ing ‘‘OPERATION AND MAINTENANCE, AIR heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND PROGRAM FROM MILITARY PERSONNEL, NAVY.— FORCE’’, up to $4,000,000 may be available for EVALUATION, NAVY’’ and available for Program Of the amount appropriated or otherwise made the 8th Air Force Cyberspace Innovation Center Element #0603640M, up to $1,200,000 may be available by title I under the heading ‘‘MILI- for Cyber Combat Development at Barksdale Air available for Ground Warfare Acoustical Com- TARY PERSONNEL, NAVY’’, up to $1,000,000 may Force Base, Louisiana. bat System of netted sensors. be available for a pilot program on troops to SEC. 8128. Of the amount appropriated or oth- SEC. 8125. Of the amount appropriated or oth- nurse teachers. erwise made available by title VII under the (c) AMOUNT FOR TROOPS TO NURSE TEACHERS erwise made available by title III under the heading ‘‘INTELLIGENCE COMMUNITY MANAGE- IRCRAFT ROCUREMENT IR PROGRAM FROM MILITARY PERSONNEL, AIR heading ‘‘A P , A MENT ACCOUNT’’, up to $5,000,000 may be avail- ORCE FORCE.—Of the amount appropriated or other- F ’’, up to $5,000,000 may be available for able for the Office of Counter Intelligence of the wise made available by title I under the heading the integration, procurement, and retrofit of up- National Geospatial-Intelligence Agency for ‘‘MILITARY PERSONNEL, AIR FORCE’’, up to graded Molecular Sieve Oxygen Generation Sys- Internet Observer and Inner View insider threat $1,000,000 may be available for a pilot program tems (MSOGS) into F–15C/D fighter aircraft. mitigation tools. on troops to nurse teachers. SEC. 8126. IMPROVEMENT OF BARRIERS AT BOR- SEC. 8129. None of the funds appropriated or SEC. 8113. Of the amount appropriated or oth- DER. Section 102 of the Illegal Immigration Re- otherwise made available by this Act may be erwise made available by title IV under the form and Immigrant Responsibility Act of 1996 used to enter into a contract in an amount heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND (8 U.S.C. 1103 note) is amended— greater than $5,000,000 or to award a grant in EVALUATION, NAVY’’, up to $6,000,000 may be (1) in subsection (a), by striking ‘‘Attorney excess of such amount unless the prospective available for the continuation of the Advanced General, in consultation with the Commissioner contractor or grantee certifies in writing to the Precision Kill Weapons System by the Marine of Immigration and Naturalization,’’ and insert- agency awarding the contract or grant that, to Corps. ing ‘‘Secretary of Homeland Security’’; and the best of its knowledge and belief, the con- SEC. 8114. Of the amount appropriated or oth- (2) in subsection (b)— tractor or grantee has filed all Federal tax re- erwise made available by title IV under the (A) in the subsection heading, by striking ‘‘IN turns required during the three years preceding heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND THE BORDER AREA’’ and inserting ‘‘ALONG THE the certification, has not been convicted of a EVALUATION, ARMY’’, up to $6,000,000 may be BORDER’’; criminal offense under the Internal Revenue available for Advanced Automotive Technology (B) by redesignating paragraphs (1), (2), (3), Code of 1986, and has not, more than 90 days (PE #0602610A). and (4) as paragraphs (2), (3), (4), and (5), re- prior to certification, been notified of any un- SEC. 8115. Of the amount appropriated or oth- spectively; paid Federal tax assessment for which the liabil- erwise made available by title II under the head- (C) in paragraph (2), as redesignated— ity remains unsatisfied, unless the assessment is

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the subject of an installment agreement or offer tary family advocacy organizations, and include INSTITUTE OF AMERICAN INDIAN AND ALASKA in compromise that has been approved by the the comments of such organizations within the NATIVE CULTURE AND ARTS DEVELOPMENT Internal Revenue Service and is not in default, required report to Congressional Defense Com- Kristine Mary Miller, of Colorado, to be a or the assessment is the subject of a non-frivo- mittees. Member of the Board of Trustees of the Insti- lous administrative or judicial proceeding. (2) Plan required—Not later than 60 days tute of American Indian and Alaska Native SEC. 8130. (a) ADDITIONAL AMOUNT FOR OPER- after submission of the report required by this Culture and Arts Development for a term ex- ATION AND MAINTENANCE, ARMY NATIONAL section, the Secretary shall submit a plan to the piring May 19, 2010. GUARD.—The amount appropriated by title II Congressional Defense Committees to address Brenda L. Kingery, of Texas, to be a Mem- under the heading ‘‘OPERATION AND MAINTE- the needs and gaps in services identified in the ber of the Board of Trustees of the Institute NANCE, ARMY NATIONAL GUARD’’ is hereby in- report. Such a plan shall also address the com- of American Indian and Alaska Native Cul- creased by $10,000,000. ments and recommendations of military family ture and Arts Development for a term expir- (b) OFFSET.—The aggregate amount appro- advocacy organizations, as required by this sec- priated by title II, other than under the head- ing May 19, 2012. tion. Julie E. Kitka, of Alaska, to be a Member ings ‘‘OPERATION AND MAINTENANCE, ARMY NA- SEC. 8135. Of the amount appropriated or oth- of the Board of Trustees of the Institute of TIONAL GUARD’’ and ‘‘OPERATION AND MAINTE- erwise made available by title IV under the American Indian and Alaska Native Culture NANCE, AIR NATIONAL GUARD’’, is hereby re- heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND and Arts Development for a term expiring duced by $10,000,000. EVALUATION, ARMY’’, up to $4,000,000 may be SEC. 8131. Of the amount appropriated or oth- May 19, 2012. available for the Virtual Systems Integrated erwise made available by title IV under the Sonya Kelliher-Combs, of Alaska, to be a Laboratory–Armored Vehicle Components and heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND Member of the Board of Trustees of the Insti- Systems Simulated In Cost-Effective Virtual De- EVALUATION, DEFENSE-WIDE’’, up to $4,000,000 tute of American Indian and Alaska Native sign and Test Environment. may be available for Program Element Culture and Arts Development for a term ex- This Act may be cited as the ‘‘Department of 1160402BB for MARK V replacement research piring May 19, 2008. Defense Appropriations Act, 2008’’. for the pursuit by the Special Operations Com- Perry R. Eaton, of Alaska, to be a Member mand of manufacturing research needed to de- f of the Board of Trustees of the Institute of velop all-composite hulls for ships larger than American Indian and Alaska Native Culture 100 feet. NOTICE: REGISTRATION OF MASS and Arts Development for a term expiring SEC. 8132. Of the amount appropriated or oth- MAILINGS May 19, 2012. erwise made available by title III under the The filing date for 2007 third quarter DEPARTMENT OF JUSTICE heading ‘‘PROCUREMENT, DEFENSE-WIDE’’, up to Mass Mailings is Thursday, October 25, James Russell Dedrick, of Tennessee, to be $7,000,000 may be available for DISA Informa- 2007. If your office did no mass mailings United States Attorney for the Eastern Dis- tion Systems Security for the Insider Threat pro- trict of Tennessee for the term of four years. gram. during this period, please submit a SEC. 8133. Of the amount appropriated or oth- form that states ‘‘none.’’ DEPARTMENT OF VETERANS AFFAIRS erwise made available by title IV under the Mass mailing registrations, or nega- Paul J. Hutter, of Virginia, to be General heading ‘‘RESEARCH, DEVELOPMENT, TEST, AND tive reports, should be submitted to Counsel, Department of Veterans Affairs. EVALUATION, DEFENSE-WIDE’’, up to $75,000,000 the Senate Office of Public Records, 232 DEPARTMENT OF JUSTICE may be available for Program Element 063892C Hart Building, Washington, DC 20510– Thomas P. O’Brien, of California, to be for the Aegis Ballistic Missile Defense System, of United States Attorney for the Central Dis- which— 7116. trict of California for the term of four years. (1) $20,000,000 may be for an increase in the The Public Records office will be Edward Meacham Yarbrough, of Tennessee, production rate of the SM–3 interceptor to four open from 9 a.m. to 5:30 p.m. on the fil- to be United States Attorney for the Middle interceptors per month; ing date to accept these filings. For (2) $45,000,000 may be for long-lead production District of Tennessee for the term of four further information, please contact the years. of an additional 15 SM–3 interceptors; and Public Records office on (202) 224–0322. (3) $10,000,000 may be for an acceleration in f the development of the Aegis Ballistic Missile f Defense Signal Processor and Open Architecture LEGISLATIVE SESSION EXECUTIVE SESSION software for the Aegis Ballistic Missile Defense The PRESIDING OFFICER. Under system. the previous order, the Senate will now SEC. 8134. Of the amount appropriated or oth- return to legislative session. erwise made available by title II under the head- EXECUTIVE CALENDAR f ing ‘‘OPERATION AND MAINTENANCE, DEFENSE- Mr. REID. Mr. President, I ask unan- WIDE’’, up to $5,000,000 may be available to the ORDER FOR PRINTING—H.R. 1585 National Military Family Association for pur- imous consent that the Senate proceed poses of the program of the Association known to executive session to consider the fol- Mr. REID. Mr. President, I ask unan- as ‘‘Operation Purple’’. lowing nominations: Executive Cal- imous consent that H.R. 1585, the De- Not later than 45 days after the date of enact- endar Nos. 303, 304, 310 through 331, and partment of Defense authorization leg- ment of this Act, the Secretary of Defense shall the nominations reported earlier today islation, be printed as passed by the submit to the Congressional Defense Committees by the Judiciary Committee: Thomas Senate on October 1, 2007. a report on mechanisms for expanding public- P. O’Brien, of California, to be U.S. at- private partnerships with military and family The PRESIDING OFFICER. Without organizations for the purpose of increasing ac- torney, and Edward Meacham objection, it is so ordered. cess to family support, in particular, for the Yarbrough, of Tennessee, to be U.S. at- f minor dependent children of deployed service torney; that the nominations be con- members. firmed, the motions to reconsider be ORDER FOR STAR PRINT—REPORT (1) Such report shall identify— laid on the table, the President be im- 110–188 (A) the adjustment needs of minor children of mediately notified of the Senate’s ac- Mr. REID. Mr. President, I ask unan- deployed service personnel, including children tion, and the Senate then return to leg- who have experienced multiple deployments of imous consent that the Senate report one or more parents or guardians; islative session. No. 110–188 be star printed with the (B) alternative support and recreational ac- The PRESIDING OFFICER. Without changes at the desk. tivities which have been shown to be effective in objection, it is so ordered. The PRESIDING OFFICER. Without improving coping skills in young children of de- The nominations considered and con- objection, it is so ordered. ployed service members; firmed are as follows: (C) support networks beyond educational set- f DEPARTMENT OF JUSTICE tings that have been effective in addressing the AUTHORITY FOR COMMITTEES TO needs of children of deployed service members, Patrick P. Shen, of Maryland, to be Spe- REPORT to include summer and after-school recreational, cial Counsel for Immigration-Related Unfair sports and cultural activities; Employment Practices for a term of four Mr. REID. Mr. President, I ask unan- (D) programs which can be accessed without years. imous consent that the Senate com- charge to military families; EXECUTIVE OFFICE OF THE PRESIDENT mittees may file reports on legislative (E) gaps in services for minor dependent chil- Donald M. Kerr, of Virginia, to be Prin- and executive calendar business on dren of deployed personnel; and (F) opportunities for expanding public and cipal Deputy Director of National Intel- Tuesday, October 9, from 12 noon to 3 private partnerships in support of such pro- ligence. p.m., notwithstanding a recess or ad- grams. GOVERNMENT PRINTING OFFICE journment of the Senate. Prior to submission of the report required by this Robert Charles Tapella, of Virginia, to be The PRESIDING OFFICER. Without section, the Secretary shall consult with mili- Public Printer. objection, it is so ordered.

VerDate Aug 31 2005 05:19 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.075 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12826 CONGRESSIONAL RECORD — SENATE October 4, 2007 APPOINTMENT AUTHORIZATION SECTION 1. VESSEL HULL DESIGN PROTECTION. Whereas United States intelligence agen- (a) SHORT TITLE.—This section may be cies reportedly provided critical information Mr. REID. Mr. President, I ask unan- cited as the ‘‘Vessel Hull Design Protection that alerted their counterparts in Germany imous consent that notwithstanding Amendments of 2007’’. as to the travels of the suspects between the upcoming recess or adjournment of (b) DESIGNS PROTECTED.—Section 1301(a) of Germany and Pakistan and the suspects’ af- the Senate, the President of the Sen- title 17, United States Code, is amended by filiation with the Islamic Jihad Union; ate, the President pro tempore, and the striking paragraph (2) and inserting the fol- Whereas German authorities acted swiftly majority and minority leaders be au- lowing: and decisively to prevent an attack that thorized to make appointments to com- ‘‘(2) VESSEL FEATURES.—The design of a could have come within days of the arrests; missions, committees, boards, con- vessel hull, deck, or combination of a hull Whereas the successful collaborative ac- and deck, including a plug or mold, is subject tion by United States and German authori- ferences, or interparliamentary con- to protection under this chapter, notwith- ties prevented the possible deaths of many ferences authorized by law, by concur- standing section 1302(4).’’. innocent people; rent action of the two Houses, or by (c) DEFINITIONS.—Section 1301(b) of title 17, Whereas Germany and the United States order of the Senate. United States Code, is amended— have been close allies in the fight against The PRESIDING OFFICER. Without (1) in paragraph (2), by striking ‘‘vessel terrorism; objection, it is so ordered. hull, including a plug or mold,’’ and insert- Whereas the law enforcement, intelligence, ing ‘‘vessel hull or deck, including a plug or diplomatic, and military organizations in f mold,’’; Germany and the United States continue to VESSEL HULL DESIGN (2) by striking paragraph (4) and inserting work together to combat the terrorist threat PROTECTION AMENDMENTS OF 2007 the following: and prevent future attacks; and ‘‘(4) A ‘hull’ is the exterior frame or body Whereas victory in the fight against ter- Mr. REID. Mr. President, I ask unan- of a vessel, exclusive of the deck, super- rorism is critical to preserve the liberty and imous consent that the Senate proceed structure, masts, sails, yards, rigging, hard- ensure the safety of all people: Now, there- to the immediate consideration of Cal- ware, fixtures, and other attachments.’’; and fore, be it endar No. 404, S. 1640. (3) by adding at the end the following: Resolved, That the Senate— The PRESIDING OFFICER. The ‘‘(7) A ‘deck’ is the horizontal surface of a (1) commends the efforts of law enforce- clerk will state the bill by title. vessel that covers the hull, including exte- ment authorities in Germany in preventing a The legislative clerk read as follows: rior cabin and cockpit surfaces, and exclu- large-scale terrorist attack on numerous tar- A bill (S. 1640) to amend chapter 13 of title sive of masts, sails, yards, rigging, hardware, gets in Germany, including sites frequented 17, United States Code (relating to the vessel fixtures, and other attachments.’’. by United States citizens; hull design protection), to clarify the defini- f (2) recognizes the role of United States in- tion of a hull and a deck. telligence agencies in providing critical in- COMMENDING THE GOVERNMENT formation to German authorities in their in- There being no objection, the Senate OF GERMANY FOR PREVENTING vestigation and apprehension of the sus- proceeded to consider the bill. A LARGE-SCALE TERRORIST AT- pected terrorists and notes the continuing Mr. LEAHY. Mr. President, today the TACK importance of such United States intel- Senate will pass S. 1640, the Vessel Hull ligence cooperation with Germany; Design Protection Act Amendments of Mr. REID. Mr. President, I ask unan- (3) commends the intelligence community 2007, after the Judiciary Committee imous consent that the Senate proceed of Germany for its outstanding work in iden- voted unanimously to send it to the to the consideration of S. Res. 344, tifying the individuals suspected of seeking which was submitted earlier today. to carry out this terrorist plot; floor. This is a small but important (4) condemns those individuals who would piece of legislation, and I thank my co- The PRESIDING OFFICER. The clerk will report. use acts of violence against innocent civil- sponsors, Senator CORNYN, Senator The legislative clerk read as follows: ians to spread a message of hate and intoler- KOHL, and Senator WHITEHOUSE, for all ance; their hard work. Last year, this bill A resolution (S. Res. 344) commending the (5) urges the allies of the United States to was passed by the Judiciary Committee government of Germany for preventing a remain steadfast in their efforts to defeat large-scale terrorist attack in September international terrorism; and and by the full Senate, but unfortu- 2007, and supporting future cooperation to nately the House held it hostage to an (6) expresses its readiness to provide nec- prevent terrorism. essary assistance to the Government of Ger- unrelated bill at the end of the session. There being no objection, the Senate many in its counterterrorism effort to bring I don’t want that to happen again this proceeded to consider the resolution. to justice those individuals involved in this year. Mr. REID. Mr. President, I ask unan- terrorist plot. In 1998, Congress passed the Vessel imous consent that the resolution be f Hull Design Protection Act to recog- agreed to, the preamble be agreed to, nize the significant time, effort, and in- AGREEMENT FOR MANAGING MI- and the motions to reconsider be laid novation that figure into ship design. GRATORY AND TRANSBOUNDARY upon the table. Recent courtroom experience has made FISH STOCKS The PRESIDING OFFICER. Without it clear that in order to be effective, objection, it is so ordered. this law needs to be clarified and re- The resolution (S. Res. 344) was fined. Our bill does exactly this, and no SUPPORTING THE GOALS AND agreed to. more, by clarifying the definition of IDEALS OF A DAY OF REMEM- The preamble was agreed to. ‘‘hull’’ and ‘‘deck.’’ This ensures that BRANCE FOR ROAD CRASH VIC- The resolution, with its preamble, the intellectual property rights of ves- TIMS reads as follows: sel hull designers will be protected. S. RES. 344 Mr. REID. Mr. President, I ask unan- I look forward to this bill becoming imous consent that the Senate proceed, law. Whereas, on September 4, 2007, police in Germany arrested 3 individuals for planning en bloc, to the consideration of Cal- Mr. REID. Mr. President, I ask unan- endar No. 407, S.J. Res. 17; and Cal- imous consent that the bill be read the large-scale terrorist attacks against loca- tions in Germany, including sites frequented endar No. 408, S. Con. Res. 39. third time, and passed; that the motion by United States citizens; The clerk will report. to reconsider be laid upon the table, Whereas possible targets included The legislative clerk read as follows: with no intervening action or debate; Ramstein Air Base, which serves as head- A joint resolution (S.J. Res. 17) directing and that any statements relating quarters for United States Air Forces in Eu- the United States to initiate international thereto be printed in the RECORD. rope and is also a North Atlantic Treaty Or- discussions and take necessary steps with The PRESIDING OFFICER. Without ganization installation, and Frankfurt Air- other nations to negotiate an agreement for objection, it is so ordered. port, one of the largest airports in Europe; managing migratory and transboundary fish The bill (S. 1640) was ordered to be Whereas, according to German authorities, stocks in the Arctic Ocean. engrossed for a third reading, was read the 3 suspects belonged to a German cell of A concurrent resolution (S. Con. Res. 39) Islamic Jihad Union, a radical Sunni group the third time, and passed, as follows: supporting the goals and ideals of a world based in Central Asia with links to Al Qaeda; day of remembrance for road crash victims. S. 1640 Whereas 300 police and other law enforce- Be it enacted by the Senate and House of Rep- ment officials were involved in the investiga- There being no objection, the Senate resentatives of the United States of America in tion and 41 homes across Germany were raid- proceeded to consider the resolutions Congress assembled, ed in a highly successful operation; en bloc.

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.136 S04OCPT1 bajohnson on PROD1PC69 with SENATE October 4, 2007 CONGRESSIONAL RECORD — SENATE S12827 Mr. REID. Mr. President, I ask unan- viously too cold to support certain fish catch and bycatch limits, harvest alloca- imous consent that the concurrent res- stocks, such as the Arctic Ocean; tions, observers, monitoring, data collection olution be agreed to, the joint resolu- Whereas habitat expansion and migration and reporting, enforcement, and other ele- tion be read the third time, and passed; of fish stocks into the Arctic Ocean and the ments necessary for sustaining future Arctic potential for vessel docking and navigation fish stocks; that the preambles be agreed to, en in the Arctic Ocean could create conditions (3) as international fisheries agreements bloc, and the motions to reconsider favorable for establishing and expanding are negotiated and implemented, the United laid upon the table; that consideration commercial fisheries in the future; States should consult with the North Pacific of these items appear separately in the Whereas commercial fishing has occurred Regional Fishery Management Council and Record; and that any statements relat- in several regions of the Arctic Ocean, in- Alaska Native subsistence communities of ing thereto be printed in the RECORD. cluding the Barents Sea, Kara Sea, Beaufort the Arctic; and The PRESIDING OFFICER. Without Sea, Chukchi Sea, and Greenland Sea, al- (4) until the agreement or agreements ne- though fisheries scientists have only limited objection, it is so ordered. gotiated pursuant to paragraph (1) come into data on current and projected future fish force and measures consistent with the The concurrent resolution (S. Con. stock abundance and distribution patterns United Nations Fish Stocks Agreement are Res. 39) was agreed to. throughout the Arctic Ocean; in effect, the United States should support The preamble was agreed to. Whereas remote indigenous communities international efforts to halt the expansion of The concurrent resolution, with its in all nations that border the Arctic Ocean commercial fishing activities in the high preamble, reads as follows: engage in limited, small scale subsistence seas of the Arctic Ocean. fishing and must maintain access to and sus- S. CON. RES. 39 tainability of this fishing in order to survive; f Whereas 40,000 people in the United States, Whereas many of these communities de- MEASURES READ THE FIRST and 1,200,000 people globally, die in road pend on a variety of other marine life for so- TIME—S. 2152 and H.R. 2740 crashes each year; cial, cultural and subsistence purposes, in- Whereas another 20,000,000 to 50,000,000 peo- cluding marine mammals and seabirds that Mr. REID. Mr. President, there are ple globally are injured each year as a result may be adversely affected by climate two bills at the desk, and I ask for of speeding motor vehicles, the increasing change, and emerging fisheries in the Arctic their first reading en bloc. use of motor vehicles, and rapid urbaniza- should take into account the social, eco- The PRESIDING OFFICER. The tion; nomic, cultural and subsistence needs of clerk will report the bills by title for Whereas the World Health Organization these small coastal communities; has predicted that by the year 2020 the an- Whereas managing for fisheries sustain- the first time. nual number of deaths from motor vehicle ability requires that all commercial fishing The legislative clerk read as follows: crashes is likely to surpass the annual num- be conducted in accordance with science- A bill (S. 2152) to amend title XXI of the ber of deaths from AIDS; based limits on harvest, timely and accurate Social Security Act to reauthorize the State Whereas the current estimated cost of reporting of catch data, equitable allocation Children’s Health Insurance Program motor vehicle crashes worldwide is and access systems, and effective monitoring through fiscal year 2012, and for other pur- $518,000,000,000 annually, representing be- and enforcement systems; poses. tween 3 and 5 percent of the gross domestic Whereas migratory fish stocks traverse A bill (H.R. 2740) to require accountability product of each nation; international boundaries between the exclu- for contractors and contract personnel under Whereas over 90 percent of motor vehicle- sive economic zones of fishing nations and Federal contracts, and for other purposes. the high seas, and ensuring sustainability of related deaths occur in low- and middle-in- Mr. REID. Mr. President, I ask unan- come countries; fisheries targeting these stocks requires Whereas, according to the World Health management systems based on international imous consent that notwithstanding Organization, motor vehicle-related deaths coordination and cooperation; the pro forma session of the Senate on and costs continue to rise in these countries Whereas international fishing treaties and Friday, October 5, the bills be consid- due to a lack of appropriate road engineering agreements provide a framework for estab- ered to have received a second reading and injury prevention programs in public lishing rules to guide sustainable fishing ac- and placed on the calendar. health sectors; and tivities among those nations that are parties The PRESIDING OFFICER. Without Whereas the United Nations General As- to the agreement, and regional fisheries objection, it is so ordered. sembly adopted a resolution designating the management organizations provide inter- third Sunday of November as a day of re- national fora for implementing these agree- f membrance for road crash victims and their ments and facilitating international co- operation and collaboration; ORDERS FOR FRIDAY, OCTOBER 5, families, and called on nations globally to 2007, AND MONDAY, OCTOBER 15, improve road safety: Now, therefore, be it Whereas under its authorities in the Mag- Resolved by the Senate (the House of Rep- nuson-Stevens Fishery Conservation and 2007 resentatives concurring), That Congress— Management Act, the North Pacific Fishery Mr. REID. Mr. President, I ask unan- (1) supports the goals and ideals of a world Management Council has proposed that the imous consent that when the Senate day of remembrance for road crash victims; United States close all Federal waters in the Chukchi and Beaufort Seas to commercial completes its business today, it stand and adjourned until 9:30 a.m. Friday, Octo- (2) encourages the people of the United fishing until a fisheries management plan is States to commemorate a world day of re- fully developed; and ber 5; that on Friday, the Senate con- membrance for road crash victims with ap- Whereas future commercial fishing and duct a pro forma session only, with no propriate ceremonies, programs, and other fisheries management activities in the Arc- business conducted; that at the close of activities. tic Ocean should be developed through a co- the pro forma session, the Senate stand ordinated international framework, as pro- The joint resolution (S.J. Res. 17) adjourned under the provisions of S. vided by international treaties or regional Con. Res. 49 until 2 p.m., Monday, Octo- was ordered to be engrossed for a third fisheries management organizations, and reading, was read the third time, and this framework should be implemented be- ber 15; that on Monday, October 15, fol- passed. fore significant commercial fishing activity lowing the prayer and pledge, the Jour- The preamble was agreed to. expands to the high seas: Now, therefore, be nal of proceedings be approved to date, The joint resolution, with its pre- it the morning hour be deemed expired, amble, is as follows: Resolved, by the Senate and House of Rep- the time for the two leaders be re- resentatives of the United States of America in S.J. RES. 17 served for their use later in the day, Congress assembled, That— and there then be a period for the Whereas the decline of several commer- (1) the United States should initiate inter- cially valuable fish stocks throughout the national discussions and take necessary transaction of morning business until 3 world’s oceans highlights the need for fishing steps with other Arctic nations to negotiate p.m., with Senators permitted to speak nations to conserve fish stocks and develop an agreement or agreements for managing therein for up to 10 minutes each and management systems that promote fisheries migratory, transboundary, and straddling the time equally divided and controlled sustainability; fish stocks in the Arctic Ocean and estab- between the majority and minority; Whereas fish stocks are migratory lishing a new international fisheries man- that at the close of morning business, throughout their habitats, and changing agement organization or organizations for the Senate then resume consideration ocean conditions can restructure marine the region; of H.R. 3093, the Departments of Com- habitats and redistribute the species depend- (2) the agreement or agreements nego- ent on those habitats; tiated pursuant to paragraph (1) should con- merce and Justice and Science appro- Whereas changing global climate regimes form to the requirements of the United Na- priations bill. may increase ocean water temperature, cre- tions Fish Stocks Agreement and contain The PRESIDING OFFICER. Without ating suitable new habitats in areas pre- mechanisms, inter alia, for establishing objection, it is so ordered.

VerDate Aug 31 2005 04:03 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.140 S04OCPT1 bajohnson on PROD1PC69 with SENATE S12828 CONGRESSIONAL RECORD — SENATE October 4, 2007 Mr. REID. Mr. President, I finally INSTITUTE OF AMERICAN INDIAN AND ALASKA THE JUDICIARY will say that there will be a vote Mon- NATIVE CULTURE AND ARTS DEVELOPMENT ROSLYNN RENEE MAUSKOPF, OF NEW YORK, TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN day afternoon on the day we get back KRISTINE MARY MILLER, OF COLORADO, TO BE A MEM- DISTRICT OF NEW YORK. BER OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF between 5 p.m. and 6 p.m. RICHARD A. JONES, OF WASHINGTON, TO BE UNITED AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT f ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2010. OF WASHINGTON. BRENDA L KINGERY, OF TEXAS, TO BE A MEMBER OF SHARION AYCOCK, OF MISSISSIPPI, TO BE UNITED ADJOURNMENT UNTIL 9:30 A.M. THE BOARD OF TRUSTEES OF THE INSTITUTE OF AMER- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT ICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS OF MISSISSIPPI. TOMORROW DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2012. JENNIFER WALKER ELROD, OF TEXAS, TO BE UNITED JULIE E. KITKA, OF ALASKA, TO BE A MEMBER OF THE STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT. Mr. REID. Mr. President, if there is BOARD OF TRUSTEES OF THE INSTITUTE OF AMERICAN DEPARTMENT OF JUSTICE no further business, I ask unanimous INDIAN AND ALASKA NATIVE CULTURE AND ARTS DE- VELOPMENT FOR A TERM EXPIRING MAY 19, 2012. PATRICK P. SHEN, OF MARYLAND, TO BE SPECIAL consent that the Senate stand ad- SONYA KELLIHER-COMBS, OF ALASKA, TO BE A MEM- COUNSEL FOR IMMIGRATION-RELATED UNFAIR EMPLOY- journed under the previous order. BER OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF MENT PRACTICES FOR A TERM OF FOUR YEARS. There being no objection, the Senate, AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2008. EXECUTIVE OFFICE OF THE PRESIDENT at 7:32 p.m., adjourned until Friday, PERRY R. EATON, OF ALASKA, TO BE A MEMBER OF DONALD M. KERR, OF VIRGINIA, TO BE PRINCIPAL DEP- October 5, 2007, at 9:30 a.m. THE BOARD OF TRUSTEES OF THE INSTITUTE OF AMER- UTY DIRECTOR OF NATIONAL INTELLIGENCE. ICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEPARTMENT OF JUSTICE f DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2012. JAMES RUSSELL DEDRICK, OF TENNESSEE, TO BE CONFIRMATIONS DEPARTMENT OF VETERANS AFFAIRS UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT OF TENNESSEE FOR THE TERM OF FOUR YEARS. Executive nominations confirmed by PAUL J. HUTTER, OF VIRGINIA, TO BE GENERAL COUN- THOMAS P. O’BRIEN, OF CALIFORNIA, TO BE UNITED SEL, DEPARTMENT OF VETERANS AFFAIRS. STATES ATTORNEY FOR THE CENTRAL DISTRICT OF the Senate October 4, 2007: THE ABOVE NOMINATIONS WERE APPROVED SUBJECT CALIFORNIA FOR THE TERM OF FOUR YEARS. GOVERNMENT PRINTING OFFICE TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- EDWARD MEACHAM YARBROUGH, OF TENNESSEE, TO QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY BE UNITED STATES ATTORNEY FOR THE MIDDLE DIS- ROBERT CHARLES TAPELLA, OF VIRGINIA, TO BE PUB- CONSTITUTED COMMITTEE OF THE SENATE. TRICT OF TENNESSEE FOR THE TERM OF FOUR YEARS LIC PRINTER. VICE JAMES K. VINES, RESIGNED.

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RECOGNIZING KATHARINE PHIL- CORPORAL STEPHEN R. BIXLER on May 4, 2006. Stephen served our country LIPS SINGER, OF MOBILE, ALA- POST OFFICE proudly knowing that the risk to himself BAMA, FOR HER CONTRIBUTIONS was of the highest level and yet he went DURING WORLD WAR II SPEECH OF straight for the front lines. It is important to note that Stephen was given the Medal of HON. JOE COURTNEY Valor for his final act which saved the lives OF CONNECTICUT of his fellow marines traveling through a HON. JO BONNER IN THE HOUSE OF REPRESENTATIVES desperate area of the Al Anbar providence. It was Stephen who noticed the danger along OF ALABAMA Monday, October 1, 2007 the route and who stopped his caravan to in- IN THE HOUSE OF REPRESENTATIVES Mr. COURTNEY. Madam Speaker, from vestigate and mitigate the danger. June 29 to August 1, 2007 I asked members Stephen was a valuable member of our Thursday, October 4, 2007 of the Suffield, CT, community to share their community as a young person who was al- opinion on changing the name of the local ways willing to give of himself as a Boy Mr. BONNER. Madam Speaker, it is my dis- Scout (Eagle Scout rank), a member of the tinct pleasure to rise today to recognize a true post office to honor Cpl Stephen R. Bixler. During that period, my office received over St. Joseph’s Church, and as a friend who was Southern lady who, over the course of the filling to volunteer to help whenever the op- 170 letters, calls and e-mails in overwhelming past few weeks, has become a familiar face portunity arose. support of the idea. The comments I received and distinctive voice throughout America, Mrs. Stephen’s willingness to help his commu- described a thoughtful and compassionate Katharine Phillips Singer of Mobile, AL. nity was not limited to Suffield, CT. His de- man who wanted nothing more than to serve votion to the Marines was Stephen’s way to Her story, which is told in the Ken Burns’ his Nation and make a difference for his com- serve our country on behalf of us all. highly-acclaimed documentary, ‘‘The War,’’ munity, and I wanted to take a moment and Just before he returned to Iraq for his sec- represents the significant sacrifices—and obvi- share some excerpts with my colleagues. ond tour of duty, I asked Stephen why he felt ous concerns—of millions of American families ‘‘Being the very proud and saddened grand- he needed to return. His response was simple. whose loved ones were fighting the forces of mother of Cpl Stephen R. Bixler, renaming He said that the Iraqi people needed his help. evil during the Second World War. the Suffield Post Office in his honor would be He told me that after a few days of the Ma- a special tribute, keeping his memory alive rine presence in the small towns of the Whether it was rationing food by cooking for all who knew, loved, and respected him. Anbar Province that children returned to without essential ingredients, saving tin cans He gave his life to secure our freedom.’’—Cpl play and that people were back at work in or purchasing war bonds, World War II was a Bixler’s grandmother. the shadow of security provided by Steve and time when all Americans were called upon to ‘‘Stephen Bixler was a close friend of mine, his fellow marines. Steve was humble in his do their part to contribute to America’s suc- in which I served with during Operation Iraqi view of his profound work.’’—Friend of Cpl cess. Freedom with 3rd Battalion 8th Marines. Bixler. During this period, Stephen showed what it Young Katharine was just a sophomore at Stephen Bixler was a close friend to both meant to be a Marine through his hard work my husband and I, whom my husband served Auburn University when the Japanese at- and dedication to the Marine Corps and in with during Operation Iraqi III 04–06. I had tacked Pearl Harbor and her 17-year-old making the quality of living for the Iraqi the privilege of knowing Stephen outside the brother, Sidney Phillips, signed up for the Ma- people better. From when he was a Boy United States Marine Corps. Stephen was a rines. Upon graduating in 1944, she returned Scout, Stephen went out of his way to pro- hardworking, dedicated and thoughtful indi- vide service to others. Being part of the Boy to Mobile and began working in a day care vidual. He always thought of others before Scouts, Stephen was able to excel in all that throwing himself into the mix. His family center for shipyard workers’ children. She vol- he did leading him to earn Eagle Scout. Ste- unteered at the Red Cross canteen at the rail- and friends always came first. He exempli- phen decided to serve his country and pro- fied what it meant to be a great friend, a road station and served coffee and donuts to tect others by joining the United States Ma- great Marine, and a great leader. I only the troops aboard trains as they passed rine Corps. In the Marine Corps, Stephen uti- know the stories from Iraq either from my through town. She also volunteered with the lized his outstanding qualities of selfless- husband or his brother. They talked nothing Red Cross motor pool and regularly drove offi- ness, determination, and dedication to the of greatness and leadership. Stephen knew job at hand. Stephen strived to be the best at cers around town. what he was doing, loved what he was doing everything that he did. When 3rd Battalion and was passionate about being a Marine. At the end of the war, Katharine began 8th Marines returned state-side, Stephen vol- Stephen became like a brother to me. Stay- working as a stewardess for Waterman Air- unteered to return with 2nd Reconnaissance ing at our house and helping my husband out lines. In 1947, she married Harvey Singer, a Battalion for a second tour of duty in Iraq. when something needed to be fixed. He was Waterman pilot and former WWII naval pilot. He successfully completed his first of many never afraid to get his hands dirty. He al- schools when 2nd Recon Battalion asked for ways came with a smile and left with one. They lived in Ohio for many years and re- volunteers to leave to go back to Iraq. Ste- turned to Mobile in 1970. The mother of two His attitude was always positive even on phen jumped at the opportunity and did it those tough days at work. daughters and the grandmother of four, Mrs. courageously. Before Stephen left, he told Singer runs her own antique linen business in me that he did not think that he would make Knowing Stephen made me a better person today. There is not a day that goes by that Mobile. it back this time. Stephen went to many schools in Suffield, CT, when he was home I do not walk past the pictures we have Madam Speaker, the recognition of Mrs. and loved to talk to the students about his hanging in his memory or a night that I fall Katharine Phillips Singer in ‘‘The War’’ pro- experiences. Stephen went on the deploy- asleep that I am not thinking of him. He was vides us all with an appropriate time to pause ment and lost his life in Fallujah, Iraq doing a loved individual with so much to offer. His and thank her and all of the concerned fami- what he loved. loss will always leave a lasting impression During the time I knew Stephen, I saw not only in Suffield but everyone that he lies who shared their loved ones with the reached out to.’’—Friend of Cpl Bixler. world during this trying time. that he was a courageous and selfless indi- vidual by his actions. He changed the life of Stephen Bixler was a close friend of both Not only did she provide an intimate story of everyone whom he came in contact with. His my brother and I, whom my brother served what it was like here at home during the war, service in the Marine Corps and in Boy with during Operation Iraqi Freedom III 04– but along the way she became a prominent Scouts made a lasting impression on 06. I also had the privilege of serving with storyteller for a documentary that I believe Suffield, Connecticut residents, and on to all Stephen Bixler in Camp Fallujah during this deployment. During this period, Stephen ex- should be required watching in every school in those who knew him. Stephen’s loss has deeply impacted his family and those who emplified what it meant to be a Marine and America. I urge my colleagues to take a mo- had the pleasure of voting for him.’’—A fel- a citizen soldier through his hard work and ment to pay tribute to Mrs. Katharine Phillips low marine who served with Cpl Bixler. dedication to helping to improve the stand- Singer for her love of family and love of coun- Stephen gave his life selflessly while serv- ard of living for numerous Iraqi families.’’ try. ing his second tour of duty in Fallujah, Iraq ‘‘During the short time that I knew Stephen,

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 31 2005 05:42 Oct 05, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.001 E04OCPT1 hmoore on PRODPC68 with HMREMARKS E2066 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2007 I learned that he was a caring and selfless in- ‘‘Steve was a model student, with a warm CONGRATULATING MRS. JANE dividual by his actions. His life impacted personality and a great sense of humor. He EVENS those he came in contact with, extending be- was also quiet and serious with a great re- yond his friends and family. His service to spect for his family and country. All during others made a lasting impression not only on high school, Steve’s friends knew his first HON. W. TODD AKIN Suffield, Connecticut residents, but it ex- OF MISSOURI dream was to be a U.S. Marine. When many tended to the citizens of Iraq and fellow serv- of his friends left for the ‘footloose’ life of IN THE HOUSE OF REPRESENTATIVES ice members within the armed forces. Ste- phen’s loss has deeply impacted those that being new college students, Steve left for the Thursday, October 4, 2007 knew him and his family.’’—Friend of Cpl. most difficult job—Marine training. As a ma- Mr. AKIN. Madam Speaker, I rise today to Bixler. rine, Steve’s assignments throughout the recognize and honor one of my constituents, ‘‘We knew him as a wonderful friend, stu- world had one cause and that was to assist Mrs. Jane Bridges Ferrenbach Evens. Jane dent, track teammate, and overall out- people in need. Steve was a young man that has been selected as the 2007–2008 Free- standing citizen. Please help facilitate this any parent would be honored to have as a doms Foundation—Missouri (St. Louis) Chap- honor to his memory.’’—Friends of the son.’’—Parents of one of Bixler’s close ter ‘‘Spirit of ’76—Patriot.’’ The Freedoms Bixler Family. friends. ‘‘A unique way of remembering our own Foundation is a nonprofit organization dedi- and the tremendous price families pay for ‘‘The Iraq war is not a subject that comes cated to teaching young people the principles something others may take so lightly.’’ and goes—it is always on the air. Its ever- upon which our Nation was founded. They ‘‘Steve was an exceptional young man that lasting presence reminds me of Stephen my wife and I knew well. He attended our work to convey the close link between the Bixler—in my studies, watching the news, rights and the responsibilities of citizens in so- church and was an altar boy. His dream was even conducting research at work. always to be a Marine and he gave his life in ciety. the service of his country doing what he ‘‘Naming the post office after Steve would Jane has been an active member of the wanted to do. We have shared many mo- not just be an honor to Steve but also a gift Freedoms Foundation at Valley Forge since ments with his mom and dad, Linda and to the people of Suffield. Though we can 1972, organizing and promoting the chapter Richard, grieving over the loss of someone so never bring Steve back, and no building can with enthusiasm. She served as the National young.’’—Friend of Cpl. Bixler. compensate for his death, feeling like we Chair of Development for the National Society ‘‘In my opinion, there would be no better have paid tribute to Steve is a necessary Daughters of the American Revolution for the way to honor both Stephen and his family part of the community’s healing.’’ than by renaming the Post Office. Stephen is last 6 years and is currently acting Senior Ad- a hero, and I believe this is the very least he ‘‘I graduated High School with Stephen visor to the Development Department. Jane deserves for the sacrifice that he has made Bixler and considered him a friend. I remem- has also volunteered her time and energy to for his country. It is now our turn to repay ber going to Stephen’s house to play when I numerous other organizations, including the our respect and honor by renaming the was very young and I remember riding the St. Louis Repertory Theatre, Youth Emer- Suffield Post Office in Cpl. Bixler’s name.’’— bus with him for as long as I can remember. gency Service, Hosea House, Girls Club of St. Friend of Cpl. Bixler. For all of my years as a student in Suffield, ‘‘My senior year I attained a car for the Louis, Kirkwood Rotary Club, to name just a I can remember Stephen’s house was always few. first time and I would drive Steve to practice extensively decorated by his mother. When and home at the end of the day. We got along A native of Webster Groves, Missouri, Jane these decorations went from hoping for his great, we could always make each other is married to Robert D. Evens. She has two laugh at the littlest things and others on the return, to mourning his loss, the effect was successful daughters, both working in the tram would laugh with us. We used to hang well felt throughout the community in the medical field, and two grandchildren. out so much the athletic director didn’t real- deepest, most heartfelt way. Stephen was As one who has a deep and abiding love for ize I was two years older than Steve. I had a well liked and greatly respected, and will American history and the Patriots, who have forever be appreciated. As long as Stephen’s great time with him and I will truly miss gone before us, I want to thank Jane for her him. Steve was a great student and enjoyed family supports the honor then I believe commitment to preserving our history and con- by everyone, he was a talented young nothing should stand in the way of this.’’— man.’’—Friend of Cpl. Bixler. Classmate and friend of Cpl. Bixler. gratulate her for being selected 2007–2008 ‘‘Stephen Bixler was one of my older broth- ‘‘Spirit of ’76—Patriot.’’ ‘‘Stephen was my cousin. He lost his life er’s closest friends. They ran cross-country f and track together in high school and I re- fighting for us in Iraq. Stephen loved what member always going to the meets and he did, being a Marine. He lost his life doing TRIBUTE TO KEVIN HENKES watching them compete. Steve was quite what he loved. Growing up, Stephen emu- possibly one of the nicest guys on the team, lated the ‘‘All American Kid’’. An athlete, a HON. PAUL RYAN if not the entire high school. Stephen enter- scholar and Eagle Scout. He defined what all OF WISCONSIN ing the Marines and defending his country Marines should strive to be. Aside from all was something he felt passionately about. I these things, Stephen was a son, a brother, IN THE HOUSE OF REPRESENTATIVES support your idea to rename the Post Office and a friend to many. He has made our fam- Thursday, October 4, 2007 in memory and honor of Stephen Bixler. ily proud, and anyone who knew him. Any- What he did for our country may not be Mr. RYAN of Wisconsin. Madam Speaker, one who didn’t know him missed out on a known to many people throughout the coun- Racine, Wisconsin, native and author Kevin try, but it is widely known throughout our wonderful person.’’—Cousin of Cpl. Bixler. Henkes is to be commended for his numerous town and I believe that this renaming would ‘‘As a former classmate and teammate of literary achievements. Recognized as an out- be an honor in his family’s eyes.’’—Friend of Corporal Stephen R. Bixler, I can attest to standing children’s author, Henkes has con- Cpl. Bixler. his deserving the honor of the Suffield Post tributed to the national landscape of children’s ‘‘Stephen graduated from Suffield High Office name. Steve was a valued member of School in 2003, 2 years after our son and one literature and delighted children with his every team, class, and organization that he year before our daughter. He and our son Jon thoughtful mixture of words and art. Born in were good friends, having competed together participated in. He was always there to en- Racine, Henkes attended the University of in Cross Country and Track & Field at courage creativity, determination, and Wisconsin-Madison. He currently lives in Madi- Suffield High. During the years that Jon had strength in the people around him. Steve son with his wife, Laura, and their children. his license, and Steve was still too young, lived his dream by joining the Marines. He Several of Henkes’ books have garnered seemed to have found a home in his service. Steve was the one exclusive passenger who awards, including the prestigious Caldecott for was picked up each morning on the way to As a Marine, he was able to stand out from Kitten’s First Full Moon in 2005. He also re- school and returned home each evening after the crowd, just as he did as an athlete and a meet or practice. The two of them, and the intellectual. Steve deserves this honor be- ceived the Elizabeth Burr/Worzalla Award for a old truck they rode in back and forth to cause he gave his life for his country. Steve Wisconsin author/illustrator for Kitten’s First school, were men on a mission who could deserves this honor because he was one of Full Moon (2005), Sun and Spoon (1997), Pro- only be deterred by the chance to do ‘donuts’ America’s finest soldiers. However, Steve tecting Marie (1995), and Words of Stone in an empty high school parking lot with a mostly deserves this honor because of who he (1993). On October 14, 2007, the Racine Pub- fresh covering of snow! lic Library will honor Henkes when one of his ‘‘During the summer, they were part of a was as a person. He was kind and sought out small group on the Cross Country team who the best in those around him. He was an in- works, Julius, the Baby of the World, is per- attended running camp in Vermont. They al- spiration to everyone and that is why the formed as a musical for over 4,600 first- and ways enjoyed entertaining us with the sto- Suffield Post Office should be named the second-grade students and the general public. ries they brought home about the camp an- Corporal Stephen R. Bixler Post Office.’’— The Downtown Rotary Club, Friends of the Li- tics and the occasional practical jokes.’’ Classmate of Cpl. Bixler. brary, Hughes House, Johnson Foundation,

VerDate Aug 31 2005 05:31 Oct 05, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.004 E04OCPT1 hmoore on PRODPC68 with HMREMARKS October 4, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2067 Junior League of Racine, Kiwanis Club of Jerry Boyington, former State senator and Investigative Service is currently reviewing this West Racine, Over Our Head Players, the Baldwin County commissioner, was a devoted matter and I am confident that they will do all Racine Community Foundation, and the family man and dedicated community leader they can to ensure that those responsible for Racine Public Library Endowment Fund have throughout his life. these hateful acts are held accountable for all contributed to this celebration. A native of Bay Minette and a longtime resi- their actions. f dent of Fairhope, Jerry was a decorated major We must make clear that actions like this in the U.S. Army and veteran of the Vietnam have no place at the Coast Guard Academy— IN MEMORY OF SERGEANT FIRST War, and he served his country with honor a facility that is shaping future officers respon- CLASS JAMES DOSTER and distinction. sible for the protection of our nation. The Jerry’s legacy in Baldwin County and the image of the noose is an enduring symbol of HON. MIKE ROSS State of Alabama will certainly be his hard the brutal lynching that occurred in the south during the civil rights era and its powerful ef- OF ARKANSAS work and dedication to the people of south- west Alabama. In addition to serving in the fect should not be taken lightly nor its evo- IN THE HOUSE OF REPRESENTATIVES Alabama Senate and as chairman of the Bald- cation tolerated. It is important that the Coast Thursday, October 4, 2007 win County Commission, he also served as Guard, and our society, sends a strong mes- Mr. ROSS. Madam Speaker, I rise today to Baldwin County administrator and chief correc- sage to these misinformed individuals that honor SFC James Doster of White Hall, AR, tions officer for the Baldwin County sheriff’s of- there is zero tolerance for racism and hate. who died on September 29, 2007, fighting for fice. The Coast Guard Academy has always held our country in Iraq while supporting Operation Jerry’s political savvy, combined with his the highest standard of academic excellence Iraqi Freedom. He was 38 years old when he many friendships in the legislature, helped and world-class training for those who protect selflessly gave his life for his country during county officials pass zoning legislation, which our shores. The Coast Guard’s core values of combat operations in Iraq. has proven critical to the county’s growth. honor, respect and devotion to duty are more Sergeant First Class Doster graduated from Madam Speaker, I ask my colleagues to join than simple words—they are a way of life that White Hall High School before attending me in remembering a dedicated community the Academy strives to en grain in every Hendrix College. While in college, his deep leader and friend to many throughout south- cadet. sense of unity and teamwork led him to join west Alabama. James Jerry Boyington Sr., will A vast majority of the cadets represent the the United States Army and honorably serve be deeply missed by his family—his wife, best the Coast Guard and our nation have to his country. Although he was a quiet man, ev- Linda Boyington; their daughter, Shanna offer: bright, dedicated young men and women eryone who had the privilege to meet and Boyington; their sons, Chris Boyington and who demonstrate tolerance and respect for know him was immediately made aware that Clay Boyington; his brother, Curtis Boyington, each other, regardless of race or background. he had a big heart and could see how much his sisters, Lucille Adams, Foy Kusion, and Those who do not meet the Coast Guard’s he cared for all those around him. He was a Jewell Boyington, and two grandchildren, core values simply have no place at its Acad- dedicated family man who was always there James J. Boyington, III, and Anna Boyington— emy. for his family—especially his two daughters, as well as the countless friends he leaves be- f hind. Our thoughts and prayers are with them whom he adored. CONGRATULATING MR. DENNIS all at this difficult time. Sergeant First Class Doster joined the Army HAHN in 1990, and his proud service will continue to f live on and serve as an inspiration to the many soldiers who knew him and fought THE COAST GUARD ACADEMY HON. W. TODD AKIN alongside him in combat. He served in the 2nd OF ST. LOUIS Battalion, 16th Infantry Regiment, 4th Infantry HON. JOE COURTNEY IN THE HOUSE OF REPRESENTATIVES Brigade Combat Team, 1st Infantry Division, OF CONNECTICUT Thursday, October 4, 2007 based at Fort Riley, Kansas. His bravery, IN THE HOUSE OF REPRESENTATIVES Mr. AKIN. Madam Speaker, I rise today to courage and dedication to the Army are exem- Thursday, October 4, 2007 recognize and honor one of my constituents, plified by his 17 years of service. He believed Mr. Dennis Hahn. Dennis has been selected so deeply in the Army that he also served as Mr. COURTNEY. Madam Speaker, I rise to receive the 2007 Freedoms Foundation at a recruiter helping others gain the passion and today to discuss a very serious issue facing Valley Forge’s George Washington Honor sense of camaraderie, service and love of his the Coast Guard Academy in New London, Medal. The Freedoms Foundation is a non- country that he possessed. Connecticut. profit organization dedicated to teaching young SFC James Doster will forever be remem- On July 15, 2007 aboard the United States people the principles upon which our Nation bered as a hero, a son, a father and a hus- Coast Guard barque Eagle training vessel, a was founded. They work to convey the close band. My deepest condolences go out to his Third Class male minority cadet returned from link between the rights and the responsibilities wife, Amanda Doster; his two daughters, Kath- watch to his stateroom to find a small noose of citizens in society. ryn and Grace; his mother, Billie Doster; and in his bag. The next morning at an all-hands Dennis is a charter member of the St. his brother, Rob Doster. He will be missed by muster, the cadet stepped forward to show the Charles, Missouri chapter of the Fernando de his family, his community, his country and all entire crew the noose and make clear that he Leyba, the Sons of the American Revolution, those who knew him. I honor Sergeant First was offended by it. Although the person re- founded in 1997. He is a charter member and Class Doster for his bravery, his patriotism sponsible could not be identified, the com- Vice President of the Missouri Postal History and his service and I will continue to keep his mander of the Eagle held an ‘‘all hands’’ meet- Society since 2001. Dennis is an active mem- family in my deepest thoughts and prayers. ing to outline the clear standards of conduct ber and Treasurer at the First Baptist Church f and expectations for Coast Guard cadets. The of St. Charles, Missouri, as well as Sunday Academy followed up by conducting race-rela- school teacher, Chairman and member of nu- HONORING THE MEMORY OF tions training for all cadets. Alarmingly, the of- merous committees, current President of the JAMES JERRY BOYINGTON, SR. ficer conducting the training later found a school board, and member of the St. Charles noose in her office as well. City Economic Development Commission. HON. JO BONNER I recently had the opportunity to speak to Dennis is married to Shirley Hahn, a public OF ALABAMA the Commandant of the United States Coast school teacher for the St. Charles school dis- IN THE HOUSE OF REPRESENTATIVES Guard, Admiral Thad Allen, to express my trict. He is also the father of the three children concern over these incidents. Racism and and grandfather of five. Thursday, October 4, 2007 hate have no place at our military academies, As one who has a deep and abiding love for Mr. BONNER. Madam Speaker, Baldwin on our academic campuses or in our society. American history and the patriots who have County and indeed the state of Alabama re- Our discussion made it clear to me that the gone before us, I want to thank Dennis Hahn cently lost a dear friend, and I rise today to Coast Guard takes this matter seriously, and for his commitment to preserving our history honor him and pay tribute to the memory of is working to get to the root of the problem and congratulate him for being selected for the James Jerry Boyington, Sr. and identify the perpetrators. The Coast Guard 2007 George Washington Honor Medal.

VerDate Aug 31 2005 05:31 Oct 05, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.008 E04OCPT1 hmoore on PRODPC68 with HMREMARKS E2068 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2007 RACINE PUBLIC LIBRARY duty, we also recognize the significant role of forts in eastern Connecticut under the Civilian these individuals in providing medical care, re- Conservation Corps (CCC). After his work in HON. PAUL RYAN sponding to emergency rescue situations, and the CCC, Chief Sturges joined the Army’s in- OF WISCONSIN encouraging our communities to take meas- telligence division, serving in World War II in IN THE HOUSE OF REPRESENTATIVES ures to protect themselves from harm. New Guinea and the Philippines, ultimately We traditionally have paired our apprecia- earning a bronze star for his service. In subse- Thursday, October 4, 2007 tion for the honorable service of firefighters quent years, he became the Director of Public Mr. RYAN of Wisconsin. Madam Speaker, with our focus on educating the American pub- Relations for New England divisions of the The Racine Public Library is to be com- lic on fire safety methods, since the first Fire Salvation Army and a board member for the mended for its years of service to the people Prevention Week in 1922. Directors for Connecticut Hospice. of Racine, WI. On October 14, 2007, the li- In closing, I urge the Congress to honor the In 1992, prior to federal recognition of the brary will celebrate 75 years of preschool sacrifices made by these courageous men and Mohegan Nation, he was elected ‘‘Chief for storytime. The Junior League of Racine, which women by supporting this resolution. Life’’, which he dutifully filled until his passing has sponsored the storytime since it began in f on September 30, 2007. In 1994, his legacy 1932, and the Choral Arts Society of South- was solidified with the federal recognition of eastern Wisconsin have partnered to bring to HONORING LEE SENTELL AND THE the Mohegan Nation, a cause that he inherited the stage a musical version of the beloved ALABAMA BUREAU OF TOURISM from his mother and tirelessly saw through to children’s classic, ‘‘Julius, the Baby of the AND TRAVEL FOR BEING NAMED fruition. In 1996, Chief Sturges secured devel- World.’’ It will be performed for over 4,600 THE BEST IN THE SOUTH opment plans for the Mohegan Sun, which is first- and second-grade students, and the now one of the world’s largest and most suc- event will celebrate both the Racine Public Li- HON. JO BONNER cessful casinos. At every step of the way, brary’s commitment to children and Racine na- OF ALABAMA Chief Sturges was careful to reach out to his tive and children’s author Kevin Henkes. Par- IN THE HOUSE OF REPRESENTATIVES community and neighbors making the success of Mohegan Sun a harmonious addition to ticipants in this great celebration include the Thursday, October 4, 2007 Downtown Rotary Club, Friends of the Library, southeastern Connecticut. Hughes House, the Johnson Foundation, the Mr. BONNER. Madam Speaker, today I rise In addition to his military accolades, philan- Junior League of Racine, the Kiwanis Club of to pay tribute to Mr. Lee Sentell and the Ala- thropy work, business endeavors, and leader- West Racine, Over Our Head Players, the bama Bureau of Tourism and Travel for being ship roles, Chief Sturges was a notable artist. Racine Community Foundation, and the named the best in the South by the Southeast His sculptures have graced the halls of the Racine Public Library Endowment Fund. The Tourism Society. Connecticut State Capitol, Montville High Racine Public Library has the distinction of This is the third time in four years that Lee School, and the Mohegan Sun. being the first in the Nation to present pre- and his outstanding team of professionals While his passing brings sadness to the school storytime in 1932. Since then, the li- have received this prestigious award. The de- Connecticut community, his legacy and con- brary has continued to pursue innovation and partment was nominated for its ‘‘Year of Ala- tributions will be remembered for generations remains dedicated to children’s programming. bama’’ Arts campaign. to come. I ask my colleagues to join with me and my constituents to honor his life and offer f The award winning food campaign of 2005 featured a brochure of ‘‘100 Dishes to Eat in condolences to his family. INTRODUCTION OF FIRE Alabama before You Die,’’ which was selected f PREVENTION WEEK RESOLUTION as the best promotion in the country by the CONGRATULATING MRS. JUNE National Council of State Tourism Directors. In LANZ HON. BILL PASCRELL, JR. 2004, the agency was recognized for its gar- OF NEW JERSEY den campaign. HON. W. TODD AKIN IN THE HOUSE OF REPRESENTATIVES Alabama’s tourism industry has continued to thrive under Lee Sentell’s strong leadership. OF MISSOURI IN THE HOUSE OF REPRESENTATIVES Thursday, October 4, 2007 The industry’s economic impact on the State’s Mr. PASCRELL. Madam Speaker, I rise economy is expected to reach an all-time high Thursday, October 4, 2007 today to introduce a resolution to recognize of $9 billion in 2007. Last year, over 22.3 mil- Mr. AKIN. Madam Speaker, I rise today to October 7–13, 2007, as Fire Prevention Week lion people visited the State of Alabama, with recognize and honor one of my constituents, and to highlight the commitment of the Con- my home area of Mobile and Baldwin counties Mrs. June C. Jablonsky Lanz. June has been gress and the American public to honoring the among the 5 most visited counties. selected as the 2006–2007 Freedoms Foun- courageous service of firefighters, and to un- Madam Speaker, I ask my colleagues to join dation ‘‘Spirit of ’76—American Patriot’’ re- derscore the importance of public awareness with me in congratulating Mr. Sentell and all of gional award. The Freedoms Foundation is a of fire prevention and planning. those at the Alabama Bureau of Tourism and nonprofit organization dedicated to teaching I am glad to be joined today in introducing Travel for being named the best in the South young people the principles upon which our this bipartisan resolution by Homeland Secu- by the Southeast Tourism Society. For these Nation was founded. They work to convey the rity Committee Chairman BENNIE THOMPSON, and all their accomplishments, I extend my close links between the rights and the respon- as well as Congressmen HENRY CUELLAR, heartfelt thanks for their continued service to sibilities of citizens in society. PETER KING, CHARLIE DENT, and DAVE the First Congressional District and the entire June is a thirty-nine-year member of the Na- REICHERT. State of Alabama. tional Society of Daughters of the Revolution, America’s firefighters have never wavered in f DAR. As State Regent of the Missouri State their selfless commitment to preventing the Society of DAR, June successfully placed the loss of lives and property, and we must main- RECOGNIZING RALPH W. STURGES, 1809 Cold Water Cemetery on the U.S. De- tain our commitment to recognizing the service MOHEGAN INDIAN CHIEF partment of the Interior’s Register of Historical that they perform on our behalf. Places and restored and rededicated the Ma- I recognize that America’s firefighters dem- HON. JOE COURTNEY donna of the Trail Statue in Lexington, Mis- onstrate heroism and fortitude not only OF CONNECTICUT souri. through their responses to fire emergencies, of IN THE HOUSE OF REPRESENTATIVES June is a member of the Missouri Historical which there are over 1,600,000 per year, but Society, the Freedoms Foundation of Valley Thursday, October 4, 2007 also through their selfless support to commu- Forge and a Friend of the St. Louis Art Mu- nities affected by emergencies of all kinds. Mr. COURTNEY. Madam Speaker, I rise seum. She has published a history of Missouri Firefighters come to the aid of the commu- today to recognize the life of Mohegan Indian State Society Daughters of the Revolution, nities they serve during fire emergencies, at Chief, Ralph W. Sturges. Chief Sturges died which includes American Revolutionary Patri- the onset of natural disasters, in response to on September 30, 2007. ots reported buried in Missouri. She has pro- acts of terrorism, and in the wake of any Chief Sturges was a renaissance man vided this to the National Society DAR and events that threatens the lives and safety of whose commitment to community and Nation other research facilities. the American public. knew no bounds. In 1938, following the devas- Married for 55 years, June and her hus- As we reflect each year on the bravery of tation of the New England Hurricane, Chief band, George Lanz, have four daughters and firefighters who risk their lives in the line of Sturges contributed to cleanup and relief ef- seven grandchildren.

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As one who has a deep and abiding love for ELLEN O. TAUSCHER and Mr. JERRY MCNERNEY ing down. I know that the people she works American history and the patriots who have to pay tribute to the life of Mr. Edward Kelly with on a daily basis have learned from the gone on before us, I want to thank June Lanz Anschutz. dedication she has demonstrated over the for her commitment to preserving our history A third generation plumber, Kelly joined the years. And today I hope that all of our public and congratulate her for being selected 2006– United Association of Plumbers and Steam- servants and Americans appreciate the dedi- 2007 Regional ‘‘Spirit of ’76—Patriot’’. fitters Union Local 159 in 1967. After serving cation she demonstrates on a daily basis. f his apprenticeship and becoming a journey- Mrs. Lockey is not just defined by the work man plumber, he was elected to serve as the she does for the Federal Government but the TRIBUTE TO THE KNIGHTS OF CO- Assistant Business Manager and eventually impact she has on our community. She volun- LUMBUS FATHER CAREY COUN- the Business Manager for the local for 13 teers with numerous local organizations that CIL 1280 years. He was so well respected; in his last make life in Montgomery County, Texas bet- term as Business Manager, he was elected ter. She just finished a term as the President HON. ALBIO SIRES without any opposition. of the Rotary Club of Conroe and has served OF NEW JERSEY Kelly was courageous in his efforts to sup- on the boards of the local United Way and IN THE HOUSE OF REPRESENTATIVES port his union brothers and sisters and their The Friendship Center’s Committee on Aging. Thursday, October 4, 2007 interests at every level. Whether working with Still today, she serves on the United Way’s Success by Six Leadership Committee and is Mr. SIRES. Madam Spaker, I rise today in a member or an employer, he was well re- spected and liked by all. Kelly was also a a very active member of Longmire Road honor of the Knights of Columbus Father Church of Christ. Carey Council 1280 of Carteret, New Jersey, great personality; he had a wonderful sense of humor and truly enjoyed people. In knowing Mrs. Lockey, what I find impres- which is celebrating its 100th anniversary on sive is the fact that she takes the time to men- October 24, 2007. This fraternal organization While we realize words may do little to less- en the impact of this loss, we trust that the tor a local child at Runyan Elementary School has assisted thousands of Carteret residents every week. The stories she is able to tell, the with its volunteer work and served as vital memories shared will help Kelly’s family, friends, and union brothers and sisters realize life lessons she is able to impart to young chil- support for members in need. dren provide our youth with a tremendous op- The Knights of Columbus, initially formed to the scope his influence had on working people and their families. portunity. help sick, disabled and needy members and Today, I join with her family and friends, Madam Speaker, because of Mr. Anschutz’s their families, extended their work to assist Southeast Texas, her colleagues at Social Se- contributions to his community, it is proper for others in their communities. In this spirit, in curity Administration offices in Conroe, Hous- us, and it is my honor, to pay tribute to his life 1907, a group of 57 Catholic gentlemen estab- ton, Pasadena and Galveston, the American today. lished a council in the Borough of Carteret, people and my colleagues in Congress to New Jersey. The Father Carey Council 1280 f mark Mrs. Doris Lockey’s 40th anniversary as was founded on November 24, and today, its PERSONAL EXPLANATION an employee of the Social Security Adminis- 500 members continue to serve true to its tration. I am honored to recognize her amaz- principles of charity, unity, fraternity and patri- ing contributions and offer my best wishes and otism. HON. RON KLEIN encouragement as she continues a life of pub- The Father Carey Fourth Degree Assembly OF FLORIDA lic service with the Federal Government and #0677 was later formed in 1947 to foster the IN THE HOUSE OF REPRESENTATIVES her numerous volunteer activities. spirit of patriotism in members and the com- Thursday, October 4, 2007 f munity at large, as well as encourage active Mr. KLEIN of Florida. Madam Speaker, I Catholic citizenship. To promote these ideals, EXPRESSING SENSE OF CONGRESS would have voted on Wednesday, October 3, the Father Carey Fourth Degree Color Corps REGARDING THE IMMEDIATE however I was unavoidably detained, and I was created, and actively participates in AND UNCONDITIONAL RELEASE would have voted ‘‘yes’’ on rollcall No. 934 Carteret’s parades and ceremonies, in addition OF DAW AUNG SAN SUU KYI and ‘‘yes’’ on rollcall No. 935. to the borough’s church communions, con- SPEECH OF firmations, and anniversary celebrations. f Today, the Father Carey Council continues TRIBUTE TO MRS. DORIS LOCKEY HON. PATRICK J. KENNEDY to be active in the Carteret community by vol- OF RHODE ISLAND unteering and assisting its sick, disabled, and HON. KEVIN BRADY IN THE HOUSE OF REPRESENTATIVES needy, emulating its founding members. The Tuesday, October 2, 2007 Council hosts semi-annual blood drives, a OF TEXAS IN THE HOUSE OF REPRESENTATIVES Mr. KENNEDY. Madam Speaker, the horrific youth free throw contest, and assists at vet- violations of human rights in Burma have eran’s hospitals. The Council also sponsors Thursday, October 4, 2007 alarmed leaders in the United States and the Youth Squires Program, which gives Mr. BRADY of Texas. I rise today to recog- around the world. When repressed people Catholic young men the opportunity to learn nize an important milestone in the life of one across the globe cry out for help, America has the skills and attitudes of Catholic leadership. of my constituents. Mrs. Doris Lockey has an obligation to lead the calls for justice and The Council’s Buddy Group, created to en- served as the manager of the Social Security equality. In Burma, a nation with a long history gage the borough’s mentally disabled commu- Administration District Office in Conroe, Texas of egregious human rights violations, a repres- nity, hosts several yearly gatherings that in- since 1986. This alone is noteworthy. sive regime has cracked down on civil liberties clude movie nights, dinner dances and holiday But October 22, 2007 will mark her 40th an- and peaceful protests. The State Peace and parties. niversary as an employee of the Social Secu- Development Council, a military junta and ille- Please join me in congratulating the Knights rity Administration. Starting out as an account gitimate ruling party, has brutally cracked of Columbus Father Carey Council 1280 of number clerk in 1967, I doubt Mrs. Lockey down on dissidents using rape and murder as Carteret, New Jersey on their 100th anniver- thought she would still be serving her Nation their tools of terror. Now, leaders of the legiti- sary. I also want to express my gratitude for today. Whenever the residents of Texas’ 8th mately elected opposition, lead by Daw Aung their service to the residents of the Borough of Congressional District need help with their so- San Suu Kyi, face increased violence and in- Carteret. cial security benefits, Mrs. Lockey is the per- carcerations. This bipartisan resolution ex- f son they turn to. No matter how big or small presses Congress’s support for the immediate TRIBUTE TO EDWARD KELLY the problem, Mrs. Lockey always makes her- release of Daw Aung San Suu Kyi and res- ANSCHUTZ self personally available to help. This was toration of democracy in Burma. I believe the most evident in the wake of Hurricanes United Nations should swiftly act in response HON. GEORGE MILLER Katrina and Rita when, along with her team, to this dangerous and growing threat in South- she helped numerous individuals and families east Asia. As the world watches the events in OF CALIFORNIA with their benefits and so much more. Burma, the United States must take a firm IN THE HOUSE OF REPRESENTATIVES While after 40 years most people would be leadership role to speak for the voices that Thursday, October 4, 2007 celebrating retirement and the chance to col- have been silenced by repression and make Mr. GEORGE MILLER of California. Madam lect the benefits she has spent a lifetime over- perfectly clear that this brutality will not be tol- Speaker, I rise today with my colleagues Mrs. seeing, Mrs. Lockey shows no signs of slow- erated.

VerDate Aug 31 2005 05:31 Oct 05, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.017 E04OCPT1 hmoore on PRODPC68 with HMREMARKS E2070 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2007 PERSONAL EXPLANATION TRIBUTE TO STAFF SERGEANT remembered as an outgoing and charming ROBERT J. FLOOD young man with a great sense of humor. A de- fensive lineman and left tackle on the football HON. DANNY K. DAVIS HON. BILL SHUSTER team, Brandon played an important role in the OF ILLINOIS OF PENNSYLVANIA team’s success during the 2003 season. A IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES lover of the outdoors, hunting and fishing, Brandon had plans to join the Florida Fish and Thursday, October 4, 2007 Thursday, October 4, 2007 Wildlife Conservation Commission as a game Mr. DAVIS of Illinois. Madam Speaker, I Mr. SHUSTER. Madam Speaker, I rise warden following his 4-year commitment to the was unable to cast votes on the following leg- today to honor Staff Sergeant Robert J. Flood, Army. islative measures on September 25. If I were a fallen WWII veteran whose remains have fi- Graduating Chiefland High School in 2005, present for rollcall votes, I would have voted nally been returned home to Chambersburg, Brandon fulfilled his ambition to serve the ‘‘yea’’ on each of the following bills: PA. Robert Flood was killed in Germany in United States military when he was assigned July 1944, when his plane was lost during a to the 1st Cavalry 2nd Battalion following his Roll 895, September 25, 2007: On Motion to bombing raid on an aircraft factory in enlistment. Inspired by the events of Sep- Suspend the Rules and Agree to the Resolu- Bernburg. For 63 years, Robert Flood and his tember 11, Brandon completed basic training tion. H.R. 1400, To enhance United States crew were unaccounted for. at Ft. Benning in Georgia, and then went to Ft. diplomatic efforts with respect to Iran by im- Flood was only 22 years old at the time of Bliss in Texas for his combat infantry training posing additional economic sanctions against his death. Prior to his service in WWII as a prior to his service in Baghdad that began in Iran, and for other purposes. member of the U.S. Army Air Corps, Sgt. November 2006. Roll 896, September 25, 2007: On Motion to Flood was employed at the Letterkenny Army Madam Speaker, it is soldiers like PFC Suspend the Rules and Agree to the Resolu- Depot in Chambersburg, Franklin County PA; Brandon Thorsen who have volunteered to tion. H. Res. 584: Supporting the goals and a facility that remains active today in support protect the freedoms that all Americans hold ideals of ‘‘National Life Insurance Awareness of our current war against Al-Qaeda. dear. While brave men and women like Bran- Month.’’ Sgt. Flood was injured in England in 1944 don have perished in the name of freedom Roll 897, September 25, 2007: On Motion to when his plane crash landed after running out and liberty, his family, friends and loved ones Suspend the Rules and Agree to the Resolu- of fuel. After recovering from his injuries he should know that this Congress will never for- tion. H. Con. Res. 210: Supporting the goals was assigned to another bomber, which was get his sacrifice and commitment. and ideals of Sickle Cell Disease Awareness lost during the air raid in Germany. The fate Month. and final resting place of Sgt. Flood and his f Roll 898, September 25, 2007: On Motion to crew remained unknown until 4 years ago Suspend the Rules and Agree to the Resolu- when pieces of his plane and the remains of TRIBUTE TO THE 50TH ANNIVER- tion. H. Res. 663: Supporting the goals and its crew were discovered in a field in Ger- SARY OF AQUINAS HIGH SCHOOL ideals of Veterans of Foreign Wars Day. many. Thankfully, through DNA testing, the identities of the crew were finally revealed, al- Roll 899, September 25, 2007: On Motion to HON. PHIL GINGREY lowing Sgt. Flood to return home. Suspend the Rules and Agree to the Resolu- OF GEORGIA Robert Flood’s name is engraved on the tion. H. Res. 548: Expressing the ongoing Wall of the Missing at the American Cemetery IN THE HOUSE OF REPRESENTATIVES concern of the House of Representatives for in Belgium. He was posthumously awarded Thursday, October 4, 2007 Lebanon’s democratic institutions and unwav- the Purple Heart with a Presidential Accolade ering support for the administration of justice Mr. GINGREY. Madam Speaker, I rise today in 1945. Sgt. Robert Flood is survived by one upon those responsible for the assassination in recognition of the 50th Anniversary of Aqui- brother and several nieces and nephews. His of Lebanese public figures opposing Syrian nas High School in Augusta, Georgia. For the return home brings comfort and relief to his control of Lebanon. last 50 years Aquinas High School has taught family, who went years without information moral and ethical standards, skills for living Roll 900, September 25, 2007: On Motion to about his death. Madam Speaker, Robert and self esteem, and a Christian integration of Suspend the Rules and Agree to the Resolu- Flood dedicated his life to serving his country. spirit, mind, and body in each of its students. tion. H. Res. 642: Expressing sympathy to and His homecoming is a solemn reminder of the As a proud graduate of Aquinas I would like support for the people and governments of the sacrifices our soldiers make in service to our to I take this opportunity to congratulate the countries of Central America, the Caribbean, Nation. Our thoughts are with his family, his school on its 50th Anniversary and mention and Mexico which have suffered from Hurri- fellow WWII veterans, and members of his how this great institution has affected my life. canes Felix, Dean, and Henriette and whose community. Another soldier has been brought After graduating, I thought it would be Aqui- complete economic and fatality toll are still un- home. known. nas’ strong academic curriculum that would be f Roll 901, September 25, 2007: On Motion to most beneficial towards my future aspirations. Suspend the Rules and Agree to the Resolu- HONORING BRANDON THORSEN OF However, I must admit that I was wrong, While tion. H. Res. 557: Strongly condemning the TRENTON, FLORIDA the strenuous academics at Aquinas laid the United Nations Human Rights Council for ig- foundation that prepared me for success at noring severe human rights abuses in various HON. GINNY BROWN-WAITE Georgia Tech and The Medical College of Georgia, it was the faith and ethical standards countries, while choosing to unfairly target OF FLORIDA taught at Aquinas that truly prepared me for Israel by including it as the only country per- IN THE HOUSE OF REPRESENTATIVES manently placed on the Council’s agenda. life’s struggles. Thursday, October 4, 2007 While opening and running my medical Roll 902, September 25, 2007: On Motion to practice the respect for life taught at Aquinas Table the Motion to Appeal the Ruling of the Ms. GINNY BROWN-WAITE of Florida. led me to value and care for life at all stages, Chair. Madam Speaker, I rise today to honor an American soldier who gave his life in service from conception on. Now that I have left my Roll 903, September 25, 2007: On Ordering to our Nation. medcal career to serve as a Member of Con- the Previous Question. H. Res. 675—Rule Army PFC Brandon T. Thorsen of Trenton, gress I find my lessons from Aquinas more providing for consideration of the SCHIP bill. Florida, was killed by a gunshot while serving valuble than ever. On a daily basis I am con- Roll 904, September 25, 2007: On Motion to on guard duty in Baghdad, Iraq. Private First fronted by difficult questions that affect millions Suspend the Rules and Agree to the Resolu- Class Thorsen is survived by his mother of lives. If it were not for the moral standards tion. H. Res. 675—Rule providing for consider- Susan Hostutler of New York, father Donald and faith in God taught at Aquinas, I do not ation of the SCHIP bill. Thorsen of Trenton, Florida, sisters Sharony believe that I could fully represent the people Roll 905, September 25, 2007: On Motion to Sheldon of Spring Hill, Florida, and Amber of Georgia’s 11th District. Suspend the Rules and Agree to the Resolu- Gay of Trenton, Florida, brother Dereck Knowing the positive impact that Aquinas tion. H. Res. 95—Expressing the sense of the Hardyman of Gainesville, Florida, and his High School has had on my life as well as House of Representatives supporting the fiance´e, Chana Gilbert of Newberry, Florida. thousands of others, I stand today to thank goals and ideals of Campus Fire Safety Growing up in Levy County, Brandon at- Aquinas for its work over the last 50 years and Month, and for other purposes. tended Chiefland High School, where he was wish it continued success in the next 50 years.

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Since opening its doors in October IN THE HOUSE OF REPRESENTATIVES University on the occasion of its 25th anniver- 1967, the MCA has served as a home and ar- sary. tistic outlet for modern day artists. Thursday, October 4, 2007 I have the pleasure of representing one of Through photography, performance, paint- Mr. HINOJOSA. Madam Speaker, I rise the most diverse cities in America and in Cali- ing, sculptures, and video and film, the Mu- today to comment on Breast Cancer Aware- fornia—San Jose. Along with the rich diversity seum houses modern visionaries’ ideas and ness Month. Thousands of women everyday of the people, culture and traditions in San passions. Visitors to the museum are able to face a daunting fight against this disease. This Jose is a firm commitment to higher edu- witness artistic interpretations of the cultural, is a time to recognize this modem-day medical cation. This commitment stems not only from social, and historical highlights of our time. As challenge affecting so many women and their our mantle of being the ‘‘Capital of Silicon Val- one of the largest modern art museums in the families. ley,’’ but also from a strong tradition of excel- country, the MCA is a place where the public The medical professionals who assist lence in collegiate education, as demonstrated can be informed, educated, and stimulated by women through early detection or treatment through our world renowned University of Cali- the creative process. should be highly commended this month. This fornia and California State University systems. Its opening in 1967 gave Chicago and its is why it is important to congratulate medical The National Hispanic University was estab- visitors access to artwork from modern day partners such as Knapp Medical Center in lished in 1981 to serve the needs of His- artists. Dan Flavin, an American minimalist, Weslaco, TX in my Congressional District. panics, women, other minorities and other and Mexican artist Frida Kahlo displayed their This Thursday, October 4, Knapp will con- learners. Although programs through the UC first solo exhibitions at the MCA. The MCA duct a Women’s Health Fair as part of Breast and CSU systems attempted to address the was also the first American museum to exhibit Cancer Awareness Month. It is through com- burgeoning numbers of minorities who needed the work of Spanish artist Antoni Tapies. The munity awareness of prevention, screening, higher education, and many Latinos benefited museum also houses the works of American treatment, and support that women are beat- from these initiatives in the 1970s and 1980s, artist Jeff Koons and American photographer ing breast cancer every year. Every woman is the gap between Hispanics and others contin- Robert Mapplethorp and many others. Re- at risk and this Health Fair is particularly valu- ued to widen. cently, the MCA has exhibited the works of able in the existing health care climate when photographer Wolfgang Thilmans, American The National Hispanic University, NHU, was projections estimate that over 40,000 women minimalist Richard Tuttle, and Chicago-based will die from breast cancer this year. Events founded after extensive research about the cartoonist Chris Ware. success rate and high quality of education such as this during Breast Cancer Awareness In 2006 the MCA received the Arts Pre- Month are essential. provided by historically black colleges and uni- senters/MetLife Foundation Award for Excel- versities that graduated (and still do today) al- The increasing success stories of 2 million lence in Arts Access. The MCA’s commitment women survivors every year show that these most half of the African American profes- to providing access to art for people with dis- sionals in American society. NHU believed events empower women to find out how to abilities has established the MCA as an insti- care for themselves and, by extension, their that a small private independent college could tution which embraces artistic talent from all make a difference in the graduation of His- families and communities through utilizing can- people. cer screening methods effectively. Knapp panic professionals in education, technology, Madam Speaker, I am thrilled to celebrate Medical Center is helping the predominantly and business. the 40th anniversary of this institution. I would Hispanic community in my South Texas region Dr. B. Roberto Cruz, the founding President like to thank the Museum of Contemporary Art with this Health Fair since late detection of NHU and its academic visionary for 22 for their contributions to Chicago’s outstanding among Hispanic women is a serious concern. years, paved the pathway of success for NHU. cultural tradition, and I congratulate every one Breast cancer is the leading cause of cancer Although he is no longer with us, his spirit and of the artists and employees that has made death among Hispanic women and the second firm commitment is the driving force behind their 40 years possible. I look forward to more most commonly diagnosed among this group the establishment of the University and his decades of outstanding exhibits at the Mu- of women. spirit remains today in the halls and class- seum of Contemporary Art in Chicago. I commend Knapp Medical Center and the rooms of NHU. f American Cancer Society and their excep- NHU’s current president, Dr. David P. PERSONAL EXPLANATION tional doctors, nurses, and staff for hosting Lopez, along with the Board of Trustees and this free public educational event. I urge every Advisors, are continuing in Dr. Cruz’s spirit to American to learn about breast cancer and en- ensure that the University remains committed HON. XAVIER BECERRA OF CALIFORNIA courage their mothers, daughters, and wives to its standards of excellence and the core to get checked and become informed about IN THE HOUSE OF REPRESENTATIVES values of its foundation that made it the fine the best preventive practices. Finally, during institution of higher education it is today. Thursday, October 4, 2007 this important month I applaud all the efforts of It is my distinct pleasure to congratulate the Mr. BECERRA. Madam Speaker, on Thurs- America’s doctors and researchers who great- National Hispanic University on its 25th anni- day, September 18, 2007 and Wednesday, ly contribute to the success stories of our cou- versary and wish it many more years of con- October 3, 2007, I was unable to cast my floor rageous women who live with and beat breast tinued success. vote on rollcall votes 873 and 935. cancer.

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HIGHLIGHTS Senate agreed to S. Con. Res. 49, Adjournment Resolution. Senate ment in the nature of a substitute, and the following Chamber Action amendments proposed thereto: Pages S12728–37 Routine Proceedings, pages S12695–S12828 Murray Amendment No. 3257, of a perfecting na- Measures Introduced: Twenty bills and two resolu- ture. Page S12731 tions were introduced, as follows: S. 2137–2156, S. Murray Amendment No. 3258, to amend the Res. 344, and S. Con. Res. 49. Pages S12774–75 title. Page S12731 Measures Reported: Vessel Hull Design Protection Amendments: S. 221, to amend title 9, United States Code, to Senate passed S. 1640, to amend chapter 13 of title provide for greater fairness in the arbitration process 17, United States Code (relating to the vessel hull relating to livestock and poultry contracts. (S. Rept. design protection), to clarify the definitions of a hull No. 110–190) and a deck. Page S12826 S. 453, to prohibit deceptive practices in Federal Commending the Government of Germany: Sen- elections, with an amendment in the nature of a sub- ate agreed to S. Res. 344, commending the Govern- stitute. (S. Rept. No. 110–191) ment of Germany for preventing a large-scale ter- H. Con. Res. 193, recognizing all hunters across rorist attack in September 2007, and supporting fu- the United States for their continued commitment to ture cooperation to prevent terrorism. Page S12826 safety. S. Res. 326, supporting the goals and ideals of a Arctic Ocean Migratory and Transboundary National Day of Remembrance for Murder Victims. Fish Stocks: Senate agreed to S.J. Res. 17, directing S. 1640, to amend chapter 13 of title 17, United the United States to initiate international discussions States Code (relating to the vessel hull design pro- and take necessary steps with other Nations to nego- tection), to clarify the definitions of a hull and a tiate an agreement for managing migratory and deck. transboundary fish stocks in the Arctic Ocean. S.J. Res. 17, directing the United States to ini- Pages S12826–27 tiate international discussions and take necessary Road Crash Victims Remembrance Day: Senate steps with other Nations to negotiate an agreement agreed to S. Con. Res. 39, supporting the goals and for managing migratory and transboundary fish ideals of a world day of remembrance for road crash stocks in the Arctic Ocean. victims. Pages S12826–27 S. Con. Res. 39, supporting the goals and ideals Measures Considered: of a world day of remembrance for road crash vic- tims. Page S12774 Commerce and Justice, and Science Appropria- tions Act—Agreement: Senate began consideration Measures Passed: of H.R. 3093, making appropriations for the Depart- Adjournment Resolution: Senate agreed to S. ments of Commerce and Justice, and Science, and Con. Res. 49, providing for a conditional adjourn- Related Agencies for the fiscal year ending Sep- ment or recess of the Senate. Page S12702 tember 30, 2008, taking action on the following Ban Asbestos in America Act: Senate passed S. amendments proposed thereto: 742, to amend the Toxic Substances Control Act to Pages S12702–28, S12737–53 reduce the health risks posed by asbestos-containing Adopted: materials and products having asbestos-containing Mikulski/Shelby Amendment No. 3211, in the material, after agreeing to the committee amend- nature of a substitute. (By unanimous consent, the D1322

VerDate Aug 31 2005 04:53 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC7.REC D04OCPT1 hmoore on PRODPC68 with HMDIGEST October 4, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1323 amendment will be considered as original text for Mikulski (for Murray) Modified Amendment No. the purpose of further amendment.) Page S12702 3218, to provide funds for a Northern Border Pros- Mikulski Amendment No. 3216, to require cer- ecutor Initiative. Pages S12749–50 tain evaluations by the Secretary of Commerce and Mikulski (for Reid) Amendment No. 3225, to re- the Director of the Office of Management and Budg- quire an analysis of the methods for collecting data et before the satellite acquisition program of the Na- regarding the status of the United States economy tional Oceanic and Atmospheric Administration may and a determination of whether the current data re- proceed. Pages S12707–08 sults in an overstatement of United States economic Mikulski Amendment No. 3215, to require re- growth, domestic manufacturing output, and pro- porting regarding the costs of conferences held by ductivity. Page S12750 the Department of Justice. Pages S12706–07, S12717 Mikulski Amendment No. 3268, to provide funds Shelby/Mikulski Amendment No. 3231, to im- for science, engineering, technology, and mathe- prove the working conditions for the United States matics-related activities. Page S12750 Rejected: Marshal’s Service. Page S12711 Coburn Amendment No. 3243, to provide Mikulski (for Menendez) Amendment No. 3220, $1,680,000 to investigate and prosecute unsolved to provide additional funding for juvenile mentoring civil rights crimes in a fiscally responsible manner programs. Pages S12711–12 by prioritizing spending. (By 61 yeas to 31 nays Mikulski (for Dorgan) Amendment No. 3227, to (Vote No. 363), Senate tabled the amendment). provide adequate funding for the Drug Courts pro- Pages S12742–47 gram. Page S12712 Withdrawn: Mikulski Amendment No. 3233, to provide addi- Dorgan Amendment No. 3240, to increase fund- tional funding for the Office on Violence Against ing for crime control and methamphetamine abuse Women. (Subsequent to its adoption, a unanimous- projects for Indians, with an offset. Pages S12747–48 consent agreement was reached providing that the Pending: amendment be modified). Pages S12713, S12748–49 Inouye Amendment No. 3214, to establish a fact- Mikulski (for Coburn) Amendment No. 3230 (to finding Commission to extend the study of a prior Amendment No. 3215), to ensure Department of Commission to investigate and determine facts and Justice conference spending does not fund excessive circumstances surrounding the relocation, intern- junkets, lavish meals, or organizations linked to ter- ment, and deportation to Axis countries of Latin rorism. Page S12717 Americans of Japanese descent from December 1941 Mikulski (for Domenici) Modified Amendment through February 1948, and the impact of those ac- No. 3213, to increase the number of Deputy United tions by the United States, and to recommend ap- States Marshals assigned to work on immigration-re- propriate remedies. Pages S12709–11 lated matters. Pages S12720–21 Casey (for Biden) Amendment No. 3256, to ap- Mikulski (for Landrieu) Amendment No. 3222, to propriate an additional $110,000,000 for commu- provide for hiring additional conciliators for the re- nity-oriented policing services and to provide a full gional offices of the Community Relations Service of offset for such amount. Page S12749 the Department of Justice. Page S12722 Brown Amendment No. 3260, to prohibit the use Mikulski (for Bingaman) Modified Amendment of any funds made available in this Act in a manner No. 3210, to conduct a study regarding investments that is inconsistent with the trade remedy laws of in intangible assets. Pages S12722–23 the United States. Pages S12750–53 Mikulski (for Murray) Modified Amendment No. A unanimous-consent agreement was reached pro- 3219, to ensure FBI work force is properly allocated viding that all first-degree amendments to the bill to meet the FBI’s mission requirements and prior- be filed at the desk by 2:30 p.m., on Monday, Octo- ities. Page S12723 ber 15, 2007. Pages S12827–28 Landrieu Amendment No. 3223, to waive certain A unanimous-consent agreement was reached pro- matching requirements for counties and parishes in viding that Senate resume consideration of the bill which the President declared a major disaster in re- at 3 p.m., on Monday, October 15, 2007. sponse to Hurricane Katrina of 2005 or Hurricane Pages S12827–28 Rita of 2005. Pages S12741–42 Authority for Committees—Agreement: A unani- Mikulski Amendment No. 3250, to provide nec- mous-consent agreement was reached providing that, essary expenses for return to flight activities associ- notwithstanding the adjournment of the Senate, all ated with the space shuttle and to provide that fund- committees be authorized to file legislative and exec- ing for such expenses is designated as emergency utive reports on Tuesday, October 9, 2007 from 12 spending. Pages S12723–28, S12739–41, S12748 noon until 3 p.m. Page S12825

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Authorizing Leadership To Make Appoint- Richard A. Jones, of Washington, to be United ments—Agreement: A unanimous-consent agree- States District Judge for the Western District of ment was reached providing that, notwithstanding Washington. the recess or adjournment of the Senate, the Presi- Jennifer Walker Elrod, of Texas, to be United dent of the Senate, the President of the Senate Pro States Circuit Judge for the Fifth Circuit. Tempore, and the Majority and Minority Leaders be James Russell Dedrick, of Tennessee, to be United authorized to make appointments to commissions, States Attorney for the Eastern District of Tennessee committees, boards, conferences, or interparliamen- for the term of four years. tary conferences authorized by law, by concurrent ac- Robert Charles Tapella, of Virginia, to be Public tion of the two Houses, or by order of the Senate. Printer. Page S12826 Paul J. Hutter, of Virginia, to be General Coun- Second Reading—Agreement: A unanimous-con- sel, Department of Veterans Affairs. sent agreement was reached providing that notwith- Donald M. Kerr, of Virginia, to be Principal Dep- standing the pro forma session of the Senate on Fri- uty Director of National Intelligence. day, October 5, 2007, that S. 2152, to amend title Thomas P. O’Brien, of California, to be United XXI of the Social Security Act to reauthorize the States Attorney for the Central District of California State Children’s Health Insurance Program through for the term of four years. fiscal year 2012, and H.R. 2740, to require account- Edward Meacham Yarbrough, of Tennessee, to be ability for contractors and contract personnel under United States Attorney for the Middle District of Federal contracts, be considered as having received a Tennessee for the term of four years vice James K. second reading, and placed on the Calendar. Vines, resigned. Pages S12753–62, S12825, H12828 Page S12827 Messages from the House: Page S12773 Nominations Confirmed: Senate confirmed the fol- lowing nominations: Measures Referred: Page S12773 Roslynn Renee Mauskopf, of New York, to be Measures Placed on the Calendar: United States District Judge for the Eastern District Pages S12695–96, S12773 of New York. Measures Read the First Time: Patrick P. Shen, of Maryland, to be Special Coun- Pages S12773, S12827 sel for Immigration-Related Unfair Employment Enrolled Bills Presented: Page S12773 Practices for a term of four years. Kristine Mary Miller, of Colorado, to be a Mem- Executive Communications: Pages S12773–74 ber of the Board of Trustees of the Institute of Executive Reports of Committees: Page S12774 American Indian and Alaska Native Culture and Additional Cosponsors: Pages S12775–76 Arts Development for a term expiring May 19, 2010. Statements on Introduced Bills/Resolutions: Brenda L Kingery, of Texas, to be a Member of Pages S12776–87 the Board of Trustees of the Institute of American Additional Statements: Pages S12771–73 Indian and Alaska Native Culture and Arts Develop- Amendments Submitted: Pages S12787–S12811 ment for a term expiring May 19, 2012. Julie E. Kitka, of Alaska, to be a Member of the Notices of Hearings/Meetings: Page S12811 Board of Trustees of the Institute of American In- Authorities for Committees to Meet: dian and Alaska Native Culture and Arts Develop- Pages S12811–12 ment for a term expiring May 19, 2012. Privileges of the Floor: Page S12812 Sonya Kelliher-Combs, of Alaska, to be a Member of the Board of Trustees of the Institute of American Text of H.R. 3222 as Previously Passed: Indian and Alaska Native Culture and Arts Develop- Pages S12812–25 ment for a term expiring May 19, 2008. Record Votes: One record vote was taken today. Perry R. Eaton, of Alaska, to be a Member of the (Total—363) Page S12747 Board of Trustees of the Institute of American In- Adjournment: Senate convened at 9 a.m. and ad- dian and Alaska Native Culture and Arts Develop- journed at 7:32 p.m., until 9:30 a.m. on Friday, ment for a term expiring May 19, 2012. October 5, 2007. (For Senate’s program, see the re- Sharion Aycock, of Mississippi, to be United marks of the Majority Leader in today’s Record on States District Judge for the Northern District of pages S12827–28.) Mississippi.

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Port Act (Public Law 109–347), after receiving testi- Committee Meetings mony from Rear Admiral David Pekoske, Assistant (Committees not listed did not meet) Commandant for Operations, United States Coast Guard, Maurine Fanguy, Program Director, Trans- SUBPOENA ISSUANCE portation Security Administration, and Thomas S. Committee on Appropriations: Subcommittee on Labor, Winkowski, Assistant Commissioner, Office of Field Health and Human Services, Education, and Related Operations, United States Customs and Border Pro- Agencies approved authorizing a subpoena for the tection (CBP), all of the Department of Homeland testimony of Robert E. Murray, Chairman, President Security; Stephen L. Caldwell, Director, Homeland and Chief Executive Officer of Murray Energy, Inc., Security and Justice Issues, Government Account- related to the Crandall Canyon Mine Disaster in ability Office; and Anthony Coscia, Port Authority Utah. of New York and New Jersey, New York, New York. NOMINATIONS Committee on Armed Services: Committee concluded a CONSUMER PRODUCT SAFETY hearing to examine the nominations of Douglas A. COMMISSION REFORM Brook, of California, to be an Assistant Secretary of Committee on Commerce, Science, and Transportation: Sub- the Navy, John J. Young, Jr., of Virginia, to be committee on Consumer Affairs, Insurance, and Under Secretary of Defense for Acquisition, Tech- Automotive Safety concluded a hearing to examine S. nology, and Logistics, who was introduced by Sen- 2045, to reform the Consumer Product Safety Com- ators Stevens and Inouye, and Robert L. Smolen, of mission to provide greater protection for children’s Pennsylvania, to be Deputy Administrator for De- products, to improve the screening of noncompliant fense Programs, National Nuclear Security Adminis- consumer products, to improve the effectiveness of tration, after the nominees testified and answered consumer product recall programs, after receiving questions in their own behalf. testimony from Senator Durbin; Nancy A. Nord, INDUSTRIAL LOAN COMPANIES Acting Chairman, and Thomas H. Moore, Commis- sioner, both of the U.S. Consumer Product Safety Committee on Banking, Housing, and Urban Affairs: Commission; Edmund Mierzwinski, U.S. Public In- Committee concluded a hearing to examine the reg- ulation and supervision of industrial loan companies, terest Research Group, Travis Plunkett, Consumer financial institutions in the United States that lend Federation of America, Alan Korn, Safe Kids USA, money, and may be owned by non-financial institu- and Joseph M. McGuire, Association of Home Ap- tions, after receiving testimony from Scott G. Alva- pliance Manufacturers, on behalf of the National As- rez, General Counsel, Board of Governors of the Fed- sociation of Manufacturers, all of Washington, D.C.; eral Reserve System; John F. Bovenzi, Chief Oper- and Al Thompson, Retail Industry Leaders Associa- ating Officer and Deputy to the Chairman, Federal tion, Arlington, Virginia. Deposit Insurance Corporation; Scott M. Polakoff, BUSINESS MEETING Senior Deputy Director, Office of Thrift Supervision, Department of the Treasury; Erik Sirri, Director, Di- Committee on Finance: Committee ordered favorably vision of Market Regulation, U.S. Securities and Ex- reported the following: change Commission; G. Edward Leary, Utah Com- An original bill entitled, ‘‘The Heartland, Habi- missioner of Financial Institutions, Salt Lake City; tat, Harvest, and Horticulture Act of 2007’’; and Edward L. Yingling, American Bankers Association, A bill to implement the United States-Peru Trade Arthur E. Wilmarth, Jr., George Washington Uni- Promotion Agreement. versity Law School, and Peter J. Wallison, American LAW OF THE SEA TREATY Enterprise Institute, all of Washington, D.C.; Marc E. Lackritz, Securities Industry and Financial Mar- Committee on Foreign Relations: Committee concluded kets Association, New York, New York; Brigid a hearing to examine the United Nations Convention Kelly, United Food and Commercial Workers Inter- on the Law of the Sea, with Annexes, done at Mon- national Union, Monroe, Ohio; and Jagjit Singh, tego Bay, December 10, 1982 (the ‘‘Convention’’), Transportation Alliance Bank, Ogden, Utah, on be- and the Agreement Relating to the Implementation half of the Utah Association of Financial Services. of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, with Annex, NATION’S SEAPORTS adopted at New York, July 28, 1994 (the Agree- Committee on Commerce, Science, and Transportation: ment’’), and signed by the United States, subject to Committee concluded a hearing to examine the secu- ratification, on July 29, 1994 (Treaty Doc. 103–39), rity of our nation’s seaports, focusing on the SAFE after receiving testimony from Admiral Vernon

VerDate Aug 31 2005 04:53 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC7.REC D04OCPT1 hmoore on PRODPC68 with HMDIGEST D1326 CONGRESSIONAL RECORD — DAILY DIGEST October 4, 2007 Clark, USN (Ret.), former Chief of Naval Oper- Horse Is Thunder, Standing Rock Sioux Tribe, Fort ations, Phoenix, Arizona; Bernard H. Oxman, Uni- Yates, North Dakota; William R. Rhodes, Gila versity of Miami School of Law, Miami, Florida; River Indian Community, Sacaton, Arizona; Frank Frank J. Gaffney, Jr., Center for Security Policy, Bigelow, Madera County, Madera, California; Doug- Fred Smith, Competitive Enterprise Institute, and las Nash, Seattle University School of Law Institute Joseph J. Cox, Chamber of Shipping of America, all for Indian Estate Planning and Probate, Seattle, of Washington, D.C.; Paul L. Kelly, Rowan Compa- Washington; and Robert Chicks, Stockbridge nies, Inc., Houston, Texas, on behalf of sundry orga- Munsee Band of Mohican Indians, Bowler, Wis- nizations; and Douglas R. Burnett, North American consin, on behalf of the National Congress of Amer- Submarine Cable Association (NASCA), New York, ican Indians. New York. BUSINESS MEETING OVERSEAS INFECTIOUS DISEASE Committee on the Judiciary: Committee ordered favor- SURVEILLANCE ably reported the following: Committee on Homeland Security and Governmental Af- S. 1640, to amend chapter 13 of title 17, United fairs: Subcommittee on Oversight of Government States Code (relating to the vessel hull design pro- Management, the Federal Workforce, and the Dis- tection), to clarify the definitions of a hull and a trict of Columbia concluded a hearing to examine deck; forestalling the coming pandemic, focusing on infec- S. 2035, to maintain the free flow of information tious disease surveillance overseas including the obli- to the public by providing conditions for the feder- gations, goals, and activities of these programs, and ally compelled disclosure of information by certain the United States agencies’ monitoring of the pro- persons connected with the news media, with grams’ progress, after receiving testimony from amendments; David Gootnick, Director, International Affairs and S. Res. 326, supporting the goals and ideals of a Trade, Government Accountability Office; Ray Ar- National Day of Remembrance for Murder Victims; thur, Director, Global Disease Detection Operations H. Con. Res. 193, recognizing all hunters across Center, Centers for Disease Control and Prevention, the United States for their continued commitment to Department of Health and Human Services; safety; and Kimothy Smith, Acting Director, National Bio- The nominations of Thomas P. O’Brien, to be surveillance Integration Center, Chief Scientist, Of- United States Attorney for the Central District of fice of Health Affairs, Department of Homeland Se- California, Edward Meacham Yarbrough, to be curity; Colonel Ralph L. Erickson, USA, Director, United States Attorney for the Middle District of Emerging Infectious Disease Surveillance and Re- Tennessee, and Robert M. Dow, Jr., to be United sponse System, Department of Defense; Kent R. States District Judge for the Northern District of Il- Hill, Assistant Administrator for Global Health, linois. U.S. Agency for International Development; Nathan HOMETOWN HEROES SURVIVORS Flesness, International Species Information System, BENEFITS ACT Apple Valley, Minnesota; Daniel A. Janies, The Ohio State University Department of Biomedical Committee on the Judiciary: Committee concluded a Informatics, Columbus; and James M. Wilson, hearing to examine the implementation of the Georgetown University Imaging Science and Infor- Hometown Heroes Survivors Benefits Act, (Public mation Systems Center, Washington, D.C. Law 108–182) and S. 459, to require that health plans provide coverage for a minimum hospital stay DEPARTMENT OF THE INTERIOR for mastectomies, lumpectomies, and lymph node BACKLOGS dissection for the treatment of breast cancer and cov- Committee on Indian Affairs: Committee concluded an erage for secondary consultations, after receiving tes- oversight hearing to examine the backlogs at the De- timony from Domingo S. Herraiz, Director, Bureau partment of the Interior, focusing on land into trust of Justice Assistance, Office of Justice Programs, De- applications, environmental impact statements, pro- partment of Justice; Athena Schwantes, National bate, and appraisals and lease approvals, after receiv- Fallen Firefighter’s Foundation, Fayetteville, Georgia; ing testimony from Carl J. Artman, Assistant Sec- Jo Ann Tilton, Katy, Texas; and Susan Falkouski, retary of the Interior for Indian Affairs; Ron His Rensselaer, New York.

VerDate Aug 31 2005 04:53 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC7.REC D04OCPT1 hmoore on PRODPC68 with HMDIGEST October 4, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1327 House of Representatives the bill, modified by the amendment printed in H. Chamber Action Rept. 110–361, shall be considered as adopted. Public Bills and Resolutions Introduced: 26 pub- Page H11275 lic bills, H.R. 3745–3771; 1 private bill, H.R. H. Res. 704, the rule providing for consideration 3772; and 10 resolutions, H.J. Res. 56–57; H. Con. of the bill, was agreed to by a yea-and-nay vote of Res. 226–228; and H. Res. 711–715 were intro- 227 yeas to 188 nays, Roll No. 942, after agreeing duced. Pages H11314–16 to order the previous question by a yea-and-nay vote Additional Cosponsors: Pages H11316–17 of 224 yeas to 194 nays, Roll No. 941. Reports Filed: There were no reports filed today. Pages H11267–68 Adjournment Resolution: The House agreed to S. Speaker: Read a letter from the Speaker wherein she Con. Res. 49, providing for a conditional adjourn- appointed Representative Ross to act as Speaker Pro ment or recess of the Senate. Page H11287 Tempore for today. Page H11253 Mortgage Forgiveness Debt Relief Act of 2007: Chaplain: The prayer was offered by the guest The House passed H.R. 3648, to amend the Internal Chaplain, Rev. Dr. Clay Evans, Pastor Emeritus, Fel- Revenue Code of 1986 to exclude discharges of in- lowship Missionary Baptist Church, Chicago, Illi- debtedness on principal residences from gross in- nois. Page H11254 come, by a recorded vote of 386 ayes to 27 noes, MEJA Expansion and Enforcement Act of 2007: Roll No. 948. Pages H11255–59, H11268–70, H11287–98 The House passed H.R. 2740, to require account- Rejected the Cantor motion to recommit the bill ability for contractors and contract personnel under to the Committee on Ways and Means with instruc- Federal contracts, by a recorded vote of 389 ayes to tions to report the same back to the House promptly 30 noes, Roll No. 940. Consideration of the measure with an amendment, by a yea-and-nay vote of 201 began on Wednesday, October 3rd. Pages H11261–67 yeas to 212 nays with 1 voting ‘‘present’’, Roll No. Agreed to the Forbes motion to recommit the bill 947 Pages H11296–97 to the Committee on the Judiciary with instructions Pursuant to the rule, the amendment in the na- to report the same back to the House forthwith with ture of a substitute recommended by the Committee an amendment, by a yea-and-nay vote of 342 yeas to on Ways and Means now printed in the bill, modi- 75 nays, Roll No. 939. Subsequently, Representative fied by the amendment printed in H. Rept. Conyers reported the bill back to the House with 110–360, shall be considered as adopted. Page H11288 the amendment and the amendment was agreed to. H. Res. 703, the rule providing for consideration Page H11266 of the bill, was agreed to by a yea-and-nay vote of H. Res. 702, the rule providing for consideration 222 yeas to 193 nays, Roll No. 944, after agreeing of the bill, was agreed to on Wednesday, October to order the previous question by a yea-and-nay vote 3rd. of 223 yeas to 194 nays, Roll No. 943. Regional Economic and Infrastructure Develop- Pages H11255–59, H11269–70 ment Act of 2007: The House passed H.R. 3246, Calendar Wednesday: Agreed by unanimous con- to amend title 40, United States Code, to provide a sent to dispense with the Calendar Wednesday busi- comprehensive regional approach to economic and ness of Wednesday, October 10th. Page H11300 infrastructure development in the most severely eco- nomically distressed regions in the Nation, by a yea- Meeting Hour: Agreed by unanimous consent that and-nay vote of 264 yeas to 154 nays, Roll No. 946. when the House adjourns today, it adjourn to meet at 3 p.m. tomorrow, and further, when the House Pages H11259–61, H11267–68, H11270–87 adjourns on that day, it adjourn to meet at 12:30 Rejected the Jordan motion to recommit the bill p.m. on Tuesday, October 9th for morning hour de- to the Committee on Transportation and Infrastruc- bate. Page H11300 ture with instructions to report the same back to the House promptly with an amendment, by a yea-and- Senate Messages: Messages received from the Senate nay vote of 201 yeas to 218 nays, Roll No. 945. today appear on pages H11253–54 and H11287. Page H11284 Senate Referrals: S. Con. Res. 45 was referred to Pursuant to the rule, the amendment in the na- the Committee on Oversight and Government Re- ture of a substitute recommended by the Committee form and S. 2106 was referred to the Committee on on Transportation and Infrastructure now printed in the Judiciary. Page H11313

VerDate Aug 31 2005 04:53 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC7.REC D04OCPT1 hmoore on PRODPC68 with HMDIGEST D1328 CONGRESSIONAL RECORD — DAILY DIGEST October 4, 2007 Quorum Calls—Votes: Eight yea-and-nay votes and MISCELLANEOUS MEASURES two recorded votes developed during the proceedings Committee on Energy and Commerce: Subcommittee on of today and appear on pages H11266, H11267, Environment and Hazardous Materials held a hearing H11267–68, H11268, H11269, H11269–70, on the following bills: H.R. 1055, Toxic Right-to- H11286, H11287, H11297 and H11297–98. There Know Protection Act; and H.R. 1103, Environ- were no quorum calls. mental Justice Act of 2007. Testimony was heard Adjournment: The House met at 10 a.m. and ad- from the following officials of the EPA: Granta Y. journed at 5:43 p.m. Nakayama, Assistant Administrator, Office of Envi- ronment and Compliance Assurance; Wade Najjum, Assistant Inspector General for Program Evaluation; Committee Meetings and Molly O’Neill, Assistant Administrator, Office of Environmental Information; Thomas M. Sullivan, U.S. AGRICULTURE LABOR NEEDS Chief Counsel, Office of Advocacy, SBA; John B. Committee on Agriculture: Held a hearing to review the Stephenson, Director, Natural Resources and Envi- labor needs of American agriculture. Testimony was ronment; Nancy Wittenberg, Assistant Commis- heard from public witnesses. sioner, Department of Environmental Protection, State of New Jersey; and public witnesses. ROLE OF DOD IN IRAQ/AFGHANISTAN RECONSTRUCTION U.S. BIO-LABORATORY SAFETY/SECURITY Committee on Armed Services: Subcommittee on Over- Committee on Energy and Commerce: Subcommittee on sight and Investigations held a hearing on the role Oversight and Investigations held a hearing entitled of the Department of Defense in Provincial Recon- ‘‘Germs, Viruses, and Secrets: The Silent Prolifera- struction Teams in Afghanistan and Iraq. Testimony tion of Bio-Laboratories in the United States.’’ Testi- was heard from the following officials of the Depart- mony was heard from Keith Rhodes, Chief Tech- ment of Defense: Mitchell Shivers, Deputy Assistant nologist, Center for Technology and Engineering, Secretary, Central Asia Affairs, Office of the Sec- GAO; from the following officials of the Department retary (Policy); MG Bobby J. Wilkes, USAF, Deputy of Health and Human Services: Richard Besser, Director, Politico-Military Affairs (Asia), Strategic M.D., Director, Coordinating Office for Terrorism Plans and Policy, The Joint Staff; Mark Kimmit, Preparedness and Emergency Response; Robbin S. Deputy Assistant Secretary, Near Eastern and South Weyant, Director, Division of Select Agents and Asian Affairs, Office of the Secretary; and COL (Pro- Toxins, and Casey Chosewood, M.D., Director, Of- motable) Ralph O. Baker, USA, Deputy Director, fice of Health and Safety, Office of the Director, all Politico-Military Affairs (Middle East), Strategic with the Centers for Disease Control and Prevention; Plans and Policy, The Joint Staff. and Hugh Auchincloss, M.D., Deputy Director, Na- tional Institute of Allergy and Infestious Diseases, FEDERAL TAB—COMMERCIAL NUCLEAR NIH; and public witnesses. WASTE REAUTHORIZATION—MCKINNEY-VENTO Committee on the Budget: Held a hearing on Issues in HOMELESS ASSISTANCE ACT Federal Government Financial Liabilities: Commer- Committee on Financial Services: Subcommittee on cial Nuclear Waste. Testimony was heard from Kim Housing and Community Opportunity held a hear- P. Cawley, Unit Chief, Natural and Physical Re- ing entitled ‘‘Reauthorization of the McKinney- sources Cost Estimates Unit, CBO; Edward F. Vento Homeless Assistance Act.’’ Testimony was Sproat, III, Director, Office of Civilian Radioactive heard from Senators Reed and Allard; John McKin- Waste Management, Department of Energy; and Mi- ney, Senator, State of Connecticut; and public wit- chael F. Hertz, Deputy Assistant Attorney General, nesses. Civil Division, Department of Justice. AFGHAN COUNTERNARCOTICS/POLICE 401(k) FAIR DISCLOSURE FOR RETIREMENT TRAINING SECURITY ACT OF 2007 Committee on Foreign Affairs: Subcommittee on Mid- Committee on Education and Labor: Held a hearing on dle East and South Asia held a hearing on Counter- H.R. 3185, 401 (k) Fair Disclosure for Retirement narcotics Strategy and Police Training in Afghani- Security Act of 2007. Testimony was heard from stan. Testimony was heard from Thomas Schweich, Bradford P. Campbell, Assistant Secretary, Employee Coordinator for Counternarcotics and Justice Reform Benefits Security Administration, Department of in Afghanistan, Department of State; and a public Labor; and public witnesses. witness.

VerDate Aug 31 2005 04:53 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC7.REC D04OCPT1 hmoore on PRODPC68 with HMDIGEST October 4, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1329 OVERSEAS COUNTERTERRORISM ignate the facility of the United States Postal Service COORDINATION located at 4320 Blue Parkway in Kansas City, Mis- Committee on Homeland Security: Subcommittee on souri, as the ‘‘Wallace S. Hartfield Post Office Border, Maritime and Global Counterterrorism held Building;’’ H. Con. Res. 205, Supporting the goal a hearing entitled ‘‘Homeland Security Beyond Our and ideals of National Women’s Friendship Day; H. Borders: Examining the Status of Counterterrorism Res. 588, Recognizing Martha Coffin Wright on the Coordination Overseas.’’ Testimony was heard from 200th anniversary of her birth and her induction Michael E. Leiter, Principal Deputy Director, Na- into the National Women’s Hall of Fame; H. Res. tional Counterterrorism Center; the following offi- 630, Congratulating the Warner Robins Little cials of the Department of Homeland Security: Am- League Baseball Team from Warner Robins, Geor- bassador Marisa R. Lino, Assistant Secretary, Inter- gia, on winning the 2007 Little League World Series national Affairs, and Gary L. Cote, Deputy Assistant Championship; H. Res. 654, Congratulating the Director, Immigration and Customs Enforcement; Phoenix Mercury for winning the 2007 Women’s Edgar Moreno, Assistant Director, Domestic Oper- National Basketball Association (WNBA) Cham- ations, Bureau of Diplomatic Security, Department pionship; H. Res. 697, Commending Green Bay of State; and Thomas V. Fuentes, Assistant Director, Packers quarterback Brett Favre for establishing a Office of International Operations, Legal Attache National Football League record for the most career Program, FBI, Department of Justice. touchdown passes; and H. Res. 687, amended, Cele- EMERGENCY HOME OWNERSHIP AND brating the 90th birthday of Reverend Theodore M. MORTGAGE EQUITY PROTECTION ACT OF Hesburgh, C.S.C., president emeritus of the Univer- 2007 sity of Notre Dame, and honoring his contributions to higher education, the Catholic Church, and the Committee on the Judiciary: Subcommittee on Com- advancement of the humanitarian mission. mercial and Administrative Law approved for full The Committee also held a hearing on assessing Committee action H.R. 3609, Emergency Home the state of Iraq corruption. Testimony was heard Ownership and Mortgage Equity Protection Act of from David Walker, Comptroller General, GAO; 2007. Ambassador Larry Butler, Deputy Assistant Sec- ADA RESTORATION ACT OF 2007 retary, Near East Affairs, Department of State; Stuart Committee on the Judiciary: Subcommittee on the Con- Bowen, Special Inspector General for Iraq Recon- stitution, Civil Rights, and Civil Liberties held a struction; Judge Radhi Hamza al-Radhi, Commis- hearing on H.R. 3195, ADA Restoration Act of sioner, Public Integrity in Iraq; and a public witness. 2007. Testimony was heard from Representative Hoyer; and public witnesses. R&D GLOBALIZATION AND INNOVATION Committee on Science and Technology: Subcommittee on IMMIGRATION DETAINEE MEDICAL CARE Technology and Innovation continued hearings on The Committee on the Judiciary: Subcommittee on Immi- Globalization of R&D and Innovation, Part III: How Do gration, Citizenship, Refugees, Border Security, and Companies Choose Where To Build R&D Facilities. Tes- International Law held a hearing on Detention and timony was heard from public witnesses. Removal: Immigration Detainee Medical Care. Testi- mony was heard from Gary Mead, Assistant Direc- SBA CONTRACTING PROGRAMS tor, Detention and Removal, U.S. Immigration and Committee on Small Business: Held a hearing on SBA Customs Enforcement, Department of Homeland Se- Contracting Programs. Testimony was heard from curity. Steven C. Preston, Administrator, SBA; and public SPECIES CONSERVATION MEASURES witnesses. Committee on Natural Resources: Subcommittee on VA RESEARCH PROGRAMS Fisheries, Wildlife and Oceans approved for full Committee action, as amended, the following bills: Committee on Veterans’ Affairs: Subcommittee on H.R. 1464, Great Cats and Rare Canids Act of Health held a hearing on VA Research Programs. 2007; and H.R. 1771, Crane Conservation Act of Testimony was heard from MAJ David Rozelle, 2007. USA, Administrative Officer, Military Advanced Training Center, Walter Reed Army Medical Center; MISCELLANEOUS MEASURES; IRAQI Joel Kupersmith, M.D., Chief Research and Devel- CORRUPTION ASSESSMENT opment Officer, Veterans Health Administration, Committee on Oversight and Government Reform: Ordered Department of Veterans Affairs; and representatives reported the following measures: H.R. 3572, To des- of veterans organizations.

VerDate Aug 31 2005 04:53 Oct 05, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC7.REC D04OCPT1 hmoore on PRODPC68 with HMDIGEST D1330 CONGRESSIONAL RECORD — DAILY DIGEST October 4, 2007 IMPORT SAFETY House Committees Committee on Ways and Means: Subcommittee on Committee on Armed Services, October 10, hearing on se- Trade and the Subcommittee on Oversight held a curity involving Pakistan and policy implications for the joint hearing on import safety. Testimony was heard Department of Defense, 10 a.m., 2118 Rayburn. from Warren H. Maruyama, General Counsel, Office Committee on the Budget, October 11, hearing on the Tax of the U.S. Trade Representative; Daniel Baldwin, Code and Health Insurance Coverage, 10 a.m., 210 Can- non. Assistant Commissioner, Office of International Committee on Education and Labor, October 10, hearing Trade, U.S. Customs and Border Protect, Depart- on Cases of Child Neglect and Abuse at Private Residen- ment of Homeland Security; William James, tial Treatment Facilities, 10:30 a.m., 2175 Rayburn. D.V.M., Deputy Assistant Administrator, Office of Committee on Energy and Commerce, October 11, Sub- International Affairs, Food Safety and Inspection committee on Oversight and Investigations, to continue Service, USDA; Steven M. Solomon, D.V.D., Deputy hearings entitled ‘‘Diminished Capacity: Can the FDA Director, Office of Regional Operations, Office of Assure the Safety and Security of the Nation’s Food Sup- Regulatory Affairs, FDA, Department of Health and ply?—Part III,’’ 9:30 a.m., 2123 Rayburn. Human Services; and Marc J. Schoem, Director, Re- Committee on Foreign Affairs, October 10, to mark up calls and Compliance, Consumer Product Safety the following legislation: H. Res. 106, Affirmation of the United States Record on the Armenian Genocide Resolu- Commission; and public witnesses. tion; and a resolution Condemning the terrorist organiza- COMMITTEE BUSINESS tion known as the PKK and supporting Turkey’s struggle against such organization, 1:30 p.m., 2172 Rayburn. Permanent Select Committee on Intelligence: Sub- October 11, full Committee, hearing on The Mexico committee on Oversight and Investigations met in City Policy/Global Gag Rule: Its Impact on Family Plan- executive session to consider pending business. ning and Reproductive Health, 10 a.m., 2172 Rayburn. Committee on Homeland Security, October 10, Sub- committee on Emerging Threats, Cybersecurity, and Joint Meetings Science and Technology, hearing on H.R. 2631, Nuclear MASS INCARCERATION COSTS Forensics and Attribution Act, 2 p.m., 311 Cannon. October 11, Subcommittee on Border, Maritime, and Joint Economic Committee: Committee concluded a Global Counterterrorism, hearing entitled ‘‘The SAFE hearing to examine the costs of mass incarceration in Port Act: Status of Implementation One Year Later,’’ 2 the United States, after receiving testimony from p.m., 311 Cannon. Glenn C. Loury, Brown University Department of Committee on the Judiciary, October 11, hearing on Jena Economics, Providence, Rhode Island; Bruce West- 6 and the Role of Federal Intervention in Hate Crimes ern, Harvard University Department of Sociology, and Race-Related Violence in Public Schools, 1:30 p.m., 2141 Rayburn. Cambridge, Massachusetts; Alphonso Albert, Second October 11, Subcommittee on Crime, Terrorism, and Chances, Norfolk, Virginia; Michael P. Jacobson, Homeland Security and the Subcommittee on Commer- Vera Institute of Justice, New York, New York; and cial and Administrative Law, joint hearing on Allegations Pat Nolan, Prison Fellowship, Reston, Virginia. of Selective Prosecution: The Erosion of Public Con- f fidence in Our Federal Justice System, 9:30 a.m., 2141 Rayburn. COMMITTEE MEETINGS FOR FRIDAY, October 11, Subcommittee on Immigration, Citizen- OCTOBER 5, 2007 ship, and Refugees, Border Security, and International Law, hearing on H.R. 750, Save America Comprehensive (Committee meetings are open unless otherwise indicated) Immigration Act of 2007, 10 a.m., 2237 Rayburn. Senate Committee on Natural Resources, October 9, Sub- committee on Fisheries, Wildlife and Oceans, oversight No meetings/hearings scheduled. hearing entitled ‘‘Implementation of the National Wild- House life Refuge Improvement Act: Has the Promise Been Ful- filled?’’ 2 p.m., 1324 Longworth. No committee meetings are scheduled. October 10, full Committee, to mark up the following f bills: H.R. 53, Virgin Islands National Park School Lease Act; H.R. 767, Refuge Ecology Protection, Assistance, CONGRESSIONAL PROGRAM AHEAD and Immediate Response Act; H.R. 830, Denali National Week of October 8 through October 13, 2007 Park and Alaska Railroad Land Exchange Act of 2007; H.R. 3111, Port Chicago Naval Magazine National Me- Senate Committees morial Enhancement Act of 2007; H.R. 783, Mesa Verde National Park Boundary Expansion Act of 2007; H.R. (Committee meetings are open unless otherwise indicated) 1528, New England National Scenic Trail Designation No meetings/hearings scheduled. Act; H.R. 2094, To provide for certain administrative

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and support for the Dwight D. Eisenhower Memorial October 10, Subcommittee on Research and Science Commission; H.R. 2197, Hopewell Culture National Education, hearing on Assessment of the National Science Historical Park Boundary Adjustment Act; H.R. 523, Board’s Action Plan for STEM Education, 10 a.m., 2318 Douglas County, Washington, PUD Conveyance Act; Rayburn. H.R. 1462, Platte River Recovery Implementation Pro- October 11, Subcommittee on Space and Aeronautics, gram and Pathfinder Modification Authorization Act; hearing on Near-Earth Objects (NEOs)—Status of the H.R. 29, To authorize the Secretary of the Interior to Survey Program and Review of NASA’s Report to Con- construct facilities to provide water for irrigation, munic- gress, 10 a.m., 2318 Rayburn. ipal, domestic, military, and other uses from the Santa Committee on Small Business, October 10, hearing on Margarita River, California; H.R. 135, Twenty-First Cen- Small Business Priorities in upcoming energy legislation, tury Water Commission Act of 2007; and H.R. 664, 10 a.m., 2360 Rayburn. Dana Point Desalination Project Authorization Act, 11 October 11, full Committee, to mark up Funding and a.m., 1324 Longworth. Contracting legislation, 10 a.m., 2360 Rayburn. Committee on Oversight and Government Reform, October Committee on Transportation and Infrastructure, October 10, Subcommittee on Domestic Policy, hearing on Profes- sional Sport Stadiums: Do They Divert Taxpayer Funds 10, Subcommittee on Aviation, hearing on The Transi- From Public Infrastructure? 2 p.m., 2154 Rayburn. tion from FAA to Contractor-Operated Flight Service Sta- October 10, Subcommittee on National Security and tions: Lessons Learned, 10 a.m., 2167 Rayburn. Foreign Affairs, hearing on Six Years Later: Assessing October 11 Subcommittee on Railroads, Pipelines, and Long-Term Threats, Risks and the U.S. Strategy for Secu- Hazardous Materials, hearing on Railroad-Owned Solid rity in a Post 9/11 World, 10 a.m., 2154 Rayburn. Waste Transload Facilities, 10 a.m., 2167 Rayburn. October 11, full Committee, hearing on Medicare Part Committee on Veterans’ Affairs, October 10, hearing on D: Assessing Private Insurers’ Delivery of Medicare Drug the Findings of the Veterans’ Disability Benefits Commis- Coverage, 10 a.m., 2154 Rayburn. sion, 10 a.m., 334 Cannon. Committee on Rules, October 9, to consider the following October 11, Subcommittee on Economic Opportunity, bills: H.R. 2895, National Affordable Housing Trust oversight hearing on VETS DVOP/LVER Program, 2 Fund Act of 2007; and H.R. 3056, Tax Collection Re- p.m., 334 Cannon. sponsibility Act of 2007, 5 p.m., H–313 Capitol. Committee on Ways and Means, October 11, Sub- Committee on Science and Technology, October 10, Sub- committee on Health and Subcommittee on Oversight, committee on Energy and Environment, to mark up joint hearing on Required Audits of Medicare Advantage pending business, 2 p.m., 2318 Rayburn. Plan Bids, 10 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, October 5 3 p.m., Friday, October 5

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: To be announced. session.

Extensions of Remarks, as inserted in this issue.

HOUSE Courtney, Joe, Conn., E2065, E2067, E2068 Lofgren, Zoe, Calif., E2071 Davis, Danny K., Ill., E2070 Miller, George, Calif., E2069 Akin, W. Todd, Mo., E2066, E2067, E2068 Emanuel, Rahm, Ill., E2071 Pascrell, Bill, Jr., N.J., E2068 Becerra, Xavier, Calif., E2071 Gingrey, Phil, Ga., E2070 Ross, Mike, Ark., E2067 Bonner, Jo, Ala., E2065, E2067, E2068 Hinojosa, Rube´n, Tex., E2071 Ryan, Paul, Wisc., E2066, E2068 Brady, Kevin, Tex., E2069 Kennedy, Patrick J., R.I., E2069 Shuster, Bill, Pa., E2070 Brown-Waite, Ginny, Fla., E2070 Klein, Ron, Fla., E2069 Sires, Albio, N.J., E2069

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