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, TUESDAY, SEPTEMBER 11, 2007 No. 134 House of Representatives The House met at 10:30 a.m. MOMENT OF SILENCE COMMEMO- 3250. A letter from the Chief Counsel, The Reverend William Hegedusich, RATING THE 9/11 ATTACKS FEMA, Department of Homeland Security, St. Peter’s Catholic Church, Wash- transmitting the Department’s final rule — The SPEAKER. The Chair would ask Changes in Flood Elevation Determinations ington, DC, offered the following pray- all persons in the Chamber to rise and — received August 6, 2007, pursuant to 5 er: observe a moment of silence in mem- U.S.C. 801(a)(1)(A); to the Committee on Fi- Father in heaven, God of power and ory of the victims of the terrorist at- nancial Services. Lord of mercy, direct our steps in our tacks against our Nation on September 3251. A letter from the Chief Counsel, everyday efforts. May the changing 11, 2001. FEMA, Department of Homeland Security, moods of the human heart and the lim- transmitting the Department’s final rule — f its which our failings impose on hope Final Flood Elevation Determinations — re- LEAVE OF ABSENCE ceived August 6, 2007, pursuant to 5 U.S.C. never blind us to You, source of every 801(a)(1)(A); to the Committee on Financial good. By unanimous consent, leave of ab- Services. Lord God Almighty, look with favor sence was granted to: 3252. A letter from the Chief Counsel, upon these Your servants, our Members Mr. ROGERS of Kentucky (at the re- FEMA, Department of Homeland Security, of Congress. Enable them to commu- quest of Mr. BOEHNER) for September 10 transmitting the Department’s final rule — nicate truth, to foster love, and to up- on account of attending and presenting Changes in Flood Elevation Determinations hold justice and right. Let them pro- — received August 6, 2007, pursuant to 5 at an awards ceremony in the district. U.S.C. 801(a)(1)(A); to the Committee on Fi- mote and support that peace between f nancial Services. peoples, which comes from You. BILL PRESENTED TO THE 3253. A letter from the Counsel for Legisla- Today, our country and the world re- tion and Regulations, Department of Hous- members the tragic events which took PRESIDENT ing and Urban Development, transmitting place 6 years ago. Our prayers today Lorraine C. Miller, Clerk of the the Department’s final rule — Indian Hous- are for those who lost their lives in the House, reports that on September 10, ing Block Grant Program-Extension of An- World Trade Center Towers, the Pen- 2007 she presented to the President of nual Performance Report Due Date [Docket the United States, for his approval, the No. FR-5109-F-02] (RIN: 2577-AC74) received tagon, and in a field near Shanksville, August 9, 2007, pursuant to 5 U.S.C. Pennsylvania. Comfort those who re- following bill. 801(a)(1)(A); to the Committee on Financial main. Watch over all who are in harm’s H.R. 2358. To require the Secretary of the Services. way. This we ask, now and forever. Treasury to mint and issue coins in com- 3254. A letter from the Director, Depart- Amen. memoration of Native Americans and the ment of the Treasury, transmitting the De- important contributions made by Indian partment’s final rule — Financial Crimes f tribes and individual Native Americans to Enforcement Network; Anti-Money Laun- the development of the United States and dering Programs; Special Due Diligence Pro- THE JOURNAL the history of the United States, and for grams for Certain Foreign Accounts (RIN: other purposes. 1506-AA29) received August 3, 2007, pursuant The SPEAKER. The Chair has exam- f to 5 U.S.C. 801(a)(1)(A); to the Committee on ined the Journal of the last day’s pro- Financial Services. ceedings and announces to the House ADJOURNMENT 3255. A letter from the Director, Office of her approval thereof. The SPEAKER. Without objection, Legislative Affairs, Department of the Pursuant to clause 1, rule I, the Jour- the House stands adjourned until 10 Treasury, transmitting the Department’s final rule — Management Official Interlocks nal stands approved. a.m. on Friday, September 14, 2007. [Docket ID OTS-2007-0013] (RIN: 1550-AC09) There was no objection. received August 14, 2007, pursuant to 5 U.S.C. f Accordingly (at 10 o’clock and 36 801(a)(1)(A); to the Committee on Financial minutes a.m.), under its previous order, Services. PLEDGE OF ALLEGIANCE the House adjourned until Friday, Sep- 3256. A letter from the Secretary, Securi- The SPEAKER. The Chair will lead tember 14, 2007, at 10 a.m. ties and Exchange Commission, transmitting the Commission’s final rule — Amendments the House in the Pledge of Allegiance. f The SPEAKER led the Pledge of Alle- to Regulation SHO [Release No. 34-56212; File EXECUTIVE COMMUNICATIONS, No. S7-12-06] (RIN: 3235-AJ57) received Au- giance as follows: ETC. gust 10, 2007, pursuant to 5 U.S.C. I pledge allegiance to the Flag of the 801(a)(1)(A); to the Committee on Financial United States of America, and to the Repub- Under clause 8 of rule XII, executive Services. lic for which it stands, one nation under God, communications were taken from the 3257. A letter from the Secretary, Securi- indivisible, with liberty and justice for all. Speaker’s table and referred as follows: ties and Exchange Commission, transmitting

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.

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VerDate Aug 31 2005 00:24 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A11SE7.000 H11SEPT1 bajohnson on PROD1PC69 with HOUSE H10366 CONGRESSIONAL RECORD — HOUSE September 11, 2007 the Commission’s final rule — Definition of Services, transmitting the Department’s H.R. 3524. A bill to reauthorize the HOPE the Term Significant Deficiency [RELEASE final rule — Medicare Program; Physicians’ VI program for revitalization of severely dis- NOS. 33-8829; 34-56203; File No. S7-24-06] (RIN: Referrals to Health Care Entities With tressed public housing, and for other pur- 3235-AJ58) received August 9, 2007, pursuant Which They Have Financial Relationships poses; to the Committee on Financial Serv- to 5 U.S.C. 801(a)(1)(A); to the Committee on (Phase III) [CMS-1810-F] (RIN: 0938-AK67) re- ices. Financial Services. ceived August 31, 2007, pursuant to 5 U.S.C. By Mr. WAXMAN: 3258. A letter from the Secretary, Securi- 801(a)(1)(A); jointly to the Committees on H.J. Res. 49. A joint resolution providing ties and Exchange Commission, transmitting Energy and Commerce and Ways and Means. for congressional disapproval under chapter 8 the Commission’s final rule — Prohibition of 3265. A letter from the Administrator, En- of title 5, United States Code, of the rule Fraud by Advisers to Certain Pooled Invest- vironmental Protection Agency, transmit- submitted by the Centers for Medicare & ment Vehicles [Release No. IA-2628; File No. ting the Agency’s report on implementing Medica id Services within the Department of S7-25-06] (RIN: 3235-AJ67) received August 9, and enforcing the Underground Storage Health and Human Services relating a cost 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Tank Program in Indian Country, pursuant limit for providers operated by units of gov- Committee on Financial Services. to Public Law 109-58, section 1529; jointly to ernment and other provisions under the Med- 3259. A letter from the Secretary, Securi- the Committees on Energy and Commerce icaid Program; to the Committee on Energy ties and Exchange Commission, transmitting and Natural Resources. and Commerce. the Commission’s final rule — Short Selling 3266. A letter from the Board Members, in Connection with a Public Offering [Re- Railroad Retirement Board, transmitting lease No. 34-56206; File No. S7-20-06] (RIN: the Board’s 2007 report for the fiscal year f 3235-AJ75) received August 9, 2007, pursuant ended September 30, 2006, pursuant to the to 5 U.S.C. 801(a)(1)(A); to the Committee on provisions of section 7(b)(6) of the Railroad ADDITIONAL SPONSORS Financial Services. Retirement Act and section 12(l) of the Rail- 3260. A letter from the Assistant Secretary road Unemployment Insurance Act; jointly Under clause 7 of rule XII, sponsors for Legislative Affairs, Department of State, to the Committees on Transportation and In- were added to public bills and resolu- transmitting pursuant to Section 620C(c) of frastructure and Ways and Means. tions as follows: the Foreign Assistance Act of 1961, as 3267. A letter from the Regulations Coordi- H.R. 281: Mr. UDALL of New Mexico. amended, and in accordance with section nator, Department of Health and Human H.R. 2910: Mr. SPACE. 1(a)(6) of Executive Order 13313, a report pre- Services, transmitting the Department’s H. Res. 351: Mr. BURTON of Indiana. pared by the Department of State and the final rule — Medicare Program; Hospice National Security Council on the progress Wage Index for Fiscal Year 2008 [CMS-1539-F] toward a negotiated solution of the Cyprus (RIN: 0938-AO72) received August 31, 2007, f question covering the period June 1, 2007 pursuant to 5 U.S.C. 801(a)(1)(A); jointly to through July 31, 2007; to the Committee on the Committees on Ways and Means and En- PETITIONS, ETC. Foreign Affairs. ergy and Commerce. 3261. A letter from the Deputy Assistant 3268. A letter from the Under Secretary for Under clause 3 of rule XII, petitions Administrator for Regulatory Programs, Personnel and Readiness, Department of De- and papers were laid on the clerk’s NMFS, National Oceanic and Atmospheric fense, transmitting the Combined Annual desk and referred as follows: Report for years 2005 and 2006 of the National Administration, transmitting the Adminis- 156. The SPEAKER presented a petition of Security Education Program, pursuant to 50 tration’s final rule — Fisheries of the North- the City of Long Beach, California, relative eastern United States; Summer Flounder U.S.C. 1906 Public Law 102-183, section 806; to Resolution No. RES-07-0102 urging the Fishery; Emergency Rule Extension [Docket jointly to the Committees on Intelligence Congress of the United States to enact the No. 061020273-7001-03; I.D. 010307A] (RIN: 0648- (Permanent Select) and Education and ‘‘Employee Free Choice Act,’’ H.R. 800; to AT60) received August 9, 2007, pursuant to 5 Labor. the Committee on Education and Labor. U.S.C. 801(a)(1)(A); to the Committee on Nat- f 157. Also, a petition of the City of Takoma ural Resources. 3262. A letter from the Secretary, Depart- PUBLIC BILLS AND RESOLUTIONS Park, Maryland, relative to Resolution 2007- ment of Labor, transmitting the Depart- 29 petitioning the Congress of the United Under clause 2 of rule XII, public States to institute proceedings to inves- ment’s report entitled, ‘‘2006 Findings on the bills and resolutions were introduced Worst Forms of Child Labor,’’ pursuant to 19 tigate the activities of President George W. U.S.C. 2464; to the Committee on Ways and and severally referred, as follows: Bush and Vice President Richard B. Cheney; Means. By Mrs. DAVIS of California (for her- to the Committee on the Judiciary. 3263. A letter from the Under Secretary for self and Ms. CARSON): 158. Also, a petition of the Town of Wil- Personnel and Readiness, Department of De- H.R. 3523. A bill to develop a generation of liamsburg, Massachusetts, relative to a Res- fense, transmitting the Department’s report school leaders who are committed to, and ef- olution petitioning the Congress of the on enrollment in Defense Dependent’s Edu- fective in, increasing student achievement United States to institute an investigation cation System of dependents of foreign mili- and to ensure that all low-income, under-per- of the activities of President George W. Bush tary members assigned to the Supreme Head- forming schools are led by effective school and Vice President Richard B. Cheney; to the quarters Allied Powers, Europe, pursuant to leaders who are well-prepared to foster stu- Committee on the Judiciary. 20 U.S.C. 923(a) Public Law 109-364, section dent success; to the Committee on Education 159. Also, a petition of the City of Rock 571(b); jointly to the Committees on Armed and Labor. Falls, Illinois, relative to requesting funds in Services and Education and Labor. By Ms. WATERS (for herself, Mr. the form of a grant through the FEMA Fire 3264. A letter from the Regulations Coordi- SHAYS, Mr. FRANK of Massachusetts, Act; to the Committee on Science and Tech- nator, Department of Health and Human Mr. WATT, and Mr. COHEN): nology.

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Vol. 153 WASHINGTON, TUESDAY, SEPTEMBER 11, 2007 No. 134 Senate The Senate met at 10 a.m. and was U.S. SENATE, publican leader and I encourage Mem- called to order by the Honorable JON PRESIDENT PRO TEMPORE, bers to come to the floor for this ob- TESTER, a Senator from the State of Washington, DC, September 11, 2007. servance. Montana. To the Senate: Also, the Senate will recess from Under the provisions of rule I, paragraph 3, 12:30 to 2:15 for the regular party con- PRAYER of the Standing Rules of the Senate, I hereby ference meetings. appoint the Honorable JON TESTER, a Sen- The Chaplain, Dr. Barry C. Black, of- Yesterday, I indicated that today ator from the State of Montana, to perform would be a late night as we work to- fered the following prayer: the duties of the Chair. Let us pray. ROBERT C. BYRD, ward completing this legislation. There Lord God Almighty, Creator and sus- President pro tempore. is no reason we can’t complete this bill tonight. If we complete it tonight, of tainer of the universe, accept our Mr. TESTER thereupon assumed the course, there will be no votes tomor- praise and thanksgiving for all You chair as Acting President pro tempore. have done for us. Father, on this anni- row. As indicated, there would be no versary of 9/11, continue to comfort f votes after 1 o’clock anyway, so we those for whom this day rekindles a RECOGNITION OF THE MAJORITY should do our best to complete this leg- sense of sadness and loss. Console those LEADER islation tonight. whose lives are imprinted with the The ACTING PRESIDENT pro tem- It could be a very late night, but we shocking images of that season of dis- pore. The majority leader is recog- have two of our most competent, expe- tress and grief. Today, may all citizens nized. rienced legislators doing this bill—Sen- of this land incline their hearts to You ator MURRAY and Senator BOND—and f in prayer as You release Your con- we do hope we can move forward on tinuing mercies over us. SCHEDULE this legislation. Lord, we acknowledge that in spite of Mr. REID. Mr. President, this morn- f challenges, we still have much for ing, following any remarks of Senator ORDER OF PROCEDURE which to thank You. Thank You for MCCONNELL and myself, the Senate will Mr. REID. Mr. President, following our Senators, who daily give them- immediately resume consideration of the moment of silence at noon, I ask selves to You and country. Thank You the Transportation Appropriations bill. unanimous consent that the two lead- for family and friends and for loving There are no votes presently scheduled. ers be recognized for whatever time care which surrounds us on every side. Last night, there were discussions Above all, we thank You for Your gift they may consume. about the possibility of the Repub- The ACTING PRESIDENT pro tem- of salvation and for the opportunities licans offering an amendment on the You have given us to honor You with pore. Without objection, it is so or- subject of Mexican trucks, which is the dered. our lives. subject of the pending Dorgan amend- To You be glory forever. Amen. ment. We are all hopeful we can work f f something out on that this morning re- MEASURE PLACED ON THE PLEDGE OF ALLEGIANCE garding the Dorgan amendment and CALENDAR—H.R. 1908 the so-called alternative amendment to The Honorable JON TESTER led the Mr. REID. Mr. President, I under- that. stand H.R. 1908 is at the desk and due Pledge of Allegiance, as follows: It is my understanding Senator I pledge allegiance to the Flag of the for a second reading. COBURN is going to arrive about 10:30 United States of America, and to the Repub- The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, this morning to start offering amend- pore. The leader is correct. The clerk indivisible, with liberty and justice for all. ments on problems he has with this will read the bill by title for the second legislation. As I mentioned last night, f time. he tends not to speak for long periods The assistant legislative clerk read APPOINTMENT OF ACTING of time, but he does have a number of as follows: PRESIDENT PRO TEMPORE amendments. He hasn’t decided how A bill (H.R. 1908) to amend title 35, United The PRESIDING OFFICER. The many that will be. We hope we can pro- States Code, to provide for patent reform. clerk will please read a communication ceed on that as quickly as possible. Mr. REID. Mr. President, I now ob- to the Senate from the President pro At 12 noon today, the Senate will ob- ject to any further proceedings. tempore (Mr. BYRD). serve a moment of silence in com- The ACTING PRESIDENT pro tem- The assistant legislative clerk read memoration of the sixth anniversary of pore. Objection is heard. The bill will the following letter: the September 11 attack. Both the Re- be placed on the calendar.

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

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VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11356 CONGRESSIONAL RECORD — SENATE September 11, 2007 UNANIMOUS-CONSENT REQUEST— amendment to the desk and ask for its get through speaking I am happy to H.R. 1538 immediate consideration. yield to my colleague. Mr. REID. Mr. President, I ask unan- The ACTING PRESIDENT pro tem- Mr. President, every generation has pore. Without objection, it is so or- imous consent that if the Senate re- defining moments, moments when you dered. The clerk will report. ceives the message from the House on know in an instant that the world as The assistant legislative clerk read you knew it has forever changed. Some H.R. 1538, the Wounded Warrior legisla- as follows: tion, with a request for a conference of these moments are cause for celebra- The Senator from Texas [Mr. CORNYN], for tion, such as the Moon landing or the with the Senate, the Senate agree to himself and Mr. INHOFE, proposes an amend- the request and the Chair be authorized fall of the Berlin Wall. But some, like ment numbered 2808. the bombing of Pearl Harbor or the as- to appoint conferees. The amendment is as follows: The ACTING PRESIDENT pro tem- sassination of President John Fitz- pore. Is there objection? (Purpose: To express the sense of the Senate gerald Kennedy, are moments of in- that General David H. Petraeus, Com- tense grief, when the entire Nation Mr. CORNYN. Reserving the right to manding General, Multi-National Force- object, Mr. President, I am in support holds its breath in shock and disbelief. Iraq, deserves the full support of the Sen- The morning of September 11, 2001, of this. I know we all are in favor of ate and strongly condemn personal attacks was one such defining moment. Many the Wounded Warrior legislation, as on the honor and integrity of General of us closed our eyes, pleading with re- well as the troop COLA amendment, Petraeus and all the members of the ality that what we saw could not be which I am proud to say passed by United States Armed Forces) true. Many of us sat and cried, reeling unanimous consent of the Senate. But At the appropriate place, insert the fol- from the loss of so many of our friends it is not technically in order for the lowing: SEC. ll. (a) FINDINGS.—The Senate makes and neighbors. Many of us crowded into Senate to act at this time, as the bill the following findings: houses of worship across the country, is over on the House side. Therefore, I (1) The Senate unanimously confirmed looking for comfort and for answers. would object. General David H. Petraeus as Commanding We watched as average Americans, The ACTING PRESIDENT pro tem- General, Multi-National Force-Iraq, by a finding extraordinary courage, became pore. Objection is heard. vote of 81-0 on January 26, 2007. Mr. REID. Mr. President, I say to my (2) General Petraeus graduated first in his heroes. Firefighters, police officers, friend, if he heard my request—maybe class at the United States Army Command and other emergency personnel re- and General Staff College. sponded with remarkable bravery and he was diverted momentarily—I said (3) General Petraeus earned Masters of that ‘‘if’’ the Senate receives a message determination, and many gave their Public Administration and Doctoral degrees lives so that others might live. The from the House on H.R. 1538, the in international relations from Princeton strength and generosity of ordinary Wounded Warrior bill, with the request University. for conference, then the Senate agree (4) General Petraeus has served multiple Americans was the sole bright spot on to the request. combat tours in Iraq, including command of that dark day. But what defines our generation is Mr. CORNYN. Mr. President, I appre- the 101st Airborne Division (Air Assault) during combat operations throughout the not just what we do in such moments ciate the clarification. However, the first year of Operation Iraqi Freedom, which but what we do the next day, and the objection still stands, inasmuch as it is tours included both major combat operations next week, and the next year. Here we premature to pose that unanimous con- and subsequent stability and support oper- stand, 6 years later, remembering that sent request at this time. ations. day and reflecting back on all that has The ACTING PRESIDENT pro tem- (5) General Petraeus supervised the devel- happened since that time. And here I pore. Objection is heard. opment and crafting of the United States Army and Marine Corps counterinsurgency stand, more proud of America than f manual based in large measure on his com- ever, and especially its response over RESERVATION OF LEADER TIME bat experience in Iraq, scholarly study, and the last 6 years. other professional experiences. In the weeks following September 11, The ACTING PRESIDENT pro tem- (6) General Petraeus has taken a solemn pore. Under the previous order, the our country was faced with several oath to protect and defend the Constitution choices. Would we crack under the leadership time is reserved. of the United States of America. weight of the tragedy and the threat of f (7) During his 35-year career, General Petraeus has amassed a distinguished and the terrorist mindset or would we unite DEPARTMENTS OF TRANSPOR- unvarnished record of military service to the against the idealogy of fear and ha- TATION, HOUSING AND URBAN United States as recognized by his receipt of tred? Would we retreat from a dan- DEVELOPMENT, AND RELATED a Defense Distinguished Service Medal, two gerous global terrorism or would we AGENCIES APPROPRIATIONS Distinguished Service Medals, two Defense work to create a safer world? Over the ACT, 2008 Superior Service Medals, four Legions of last 6 years, we have faced terrorism Merit, the Bronze Star Medal for valor, the and extremism head on. We have stood The ACTING PRESIDENT pro tem- State Department Superior Honor Award, pore. Under the previous order, the the NATO Meritorious Service Medal, and firmly against those who would attack Senate will now resume consideration other awards and medals. innocent civilians and push an agenda of H.R. 3074, which the clerk will re- (8) A recent attack through a full-page ad- of fear. As a result, our country is safer port. vertisement in the New York Times by the and terrorism is being combated across The assistant legislative clerk read liberal activist group, Moveon.org, impugns the world. the honor and integrity of General Petraeus as follows: Of course, we owe a profound debt of and all the members of the United States gratitude to the brave men and women An act (H.R. 3074) making appropriations Armed Forces. of the U.S. military. Their continued for the Departments of Transportation, and (b) SENSE OF SENATE.—It is the sense of the Housing and Urban Development, and related Senate— service and dedication to our country agencies for the fiscal year ending Sep- (1) to reaffirm its support for all the men has literally helped to preserve the tember 30, 2008, and for other purposes. and women of the United States Armed American way of life, and made the Pending: Forces, including General David H. Petraeus, world safer, I might add, for everyone. Commanding General, Multi-National Force- Dorgan amendment No. 2797, to prohibit Their strength and courage is an exam- Iraq; the establishment of a program that allows ple to all of us, and we should always (2) to strongly condemn any effort to at- Mexican truck drivers to operate beyond the remember and honor their sacrifices. tack the honor and integrity of General commercial zones near the Mexican border. But the fact is, while we are safer Petraeus and all the members of the United Inhofe amendment No. 2796, to prohibit the States Armed Forces; and than we were on September 11, 2001, we use of funds to implement the proposed Air (3) to specifically repudiate the unwar- are not yet safe. Recent renewed Traffic Control Optimum Training Solution ranted personal attack on General Petraeus threats from al-Qaida and arrests of of the Federal Aviation Administration. by the liberal activist group Moveon.org. terror suspects in Germany have prov- AMENDMENT NO. 2808 Ms. KLOBUCHAR. Mr. President, en that the danger is still looming for Mr. CORNYN. Mr. President, I ask will the Senator yield for 1 minute? us. Fighting terrorism means we have unanimous consent that the pending Mr. CORNYN. Mr. President, I will to be right all the time, while the ter- amendment be set aside, and I send an not yield at this time, although after I rorists only need to be right once. We

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11357 have to stay on the offensive, taking This organization, as the article re- step toward a stable Iraq and a safer the fight to the enemy and always ports, does not work only through America. Unfortunately, our colleagues looking for ways to improve our na- media by paying hundreds of thousands on the other side of the aisle, even be- tional security here at home. of dollars for ads like this; they coordi- fore General Petraeus gave this report Now, yesterday and today, Congress nate extensively with Democrats on and in the face of the National Intel- received a report from the general in , as the article points out. ligence Estimate and the Jones Com- charge of the Multinational Force Iraq, Mr. Matzzie, who is the head of this or- mission, denied the fact of violence ac- GEN David Petraeus, and from our Am- ganization, is actually the Washington, tually going down in Iraq. bassador to the region, Ambassador DC, representative of MoveOn.org, and This is just one comment made by Crocker. he himself, the article says, meets with the Senator from New York, who said: All of us will recall that when Gen- Speaker NANCY PELOSI or HARRY REID, The violence in Anbar has gone down de- eral Petraeus was nominated to this the Senate majority leader, maybe spite the surge, not because of the surge. high office as a professional military once a month, he says, adding that he Disclaiming that our 170,000 Amer- man, his confirmation came to the talks to their staffs once a day or at ican uniformed servicemembers in Iraq Senate. As a member of the Senate least a couple times a week. In the ar- have made any difference. The problem Armed Services Committee, I was ticle, Mr. CROWLEY notes that senior is that when you bet against the men proud to vote for his confirmation in Democratic aides sometimes even join and women of the U.S. military, you the Armed Services Committee. As you in conference calls. This might entail are going to lose. And those who bet can see by this chart, on January 26, discussions of political strategy or against the U.S. military in claiming 2007, the Senate unanimously con- more substantive policy briefings by that their efforts would have no effect firmed this professional soldier as the experts from the think tanks that are in Iraq have lost that bet because it head of the multinational forces in part of these outside interest groups as has, and they just can’t seem to handle Iraq. part of this organized, orchestrated ef- it. Unfortunately, when General fort on behalf of those who want to Another statement by the majority Petraeus’s report was received yester- tear down the good name of a distin- leader attempting to undermine the day before a joint hearing in the House, guished patriot like David Petraeus. credibility of this general—Senator This smear campaign consisted of an there was all too common partisanship REID said: entirely unwarranted and fallacious at- and shrill rhetoric. But, in contrast, General Petraeus has made a number of this report represents an honest, non- tack and sought to impugn the name of statements over the years that have not partisan assessment of the conditions a highly respected man of integrity. I proved to be factual. in Iraq, both political and marshal. have seen this kind of attack before. I The chair of the House Democratic suspect all of us have at one point or You know, the fact is, it bears note caucus, RAHM EMANUEL, on September another. that General Petraeus’s report, along 7, 2007, said: with Ambassador Crocker’s, is exactly But sometimes it is called just sim- ply ‘‘poisoning the well.’’ It is a simple We do not need a report that wins a Nobel aligned with what the Director of Na- Prize for creative statistics or the Pulitzer principle: When you cannot refute tional Intelligence issued in August in Prize for fiction. someone’s report, try to discredit them his report as well as the report of the Suggesting that this general, whom before they, in fact, even make it. In- independent commission created by deed, Mr. Matzzie, the Washington di- we confirmed just last January by this Congress headed by retired Marine rector of MoveOn.org who heads up the unanimous vote, in charge of multi- Corps GEN Jim Jones, who testified organization that is referred to in the national forces in Iraq would write a just last week. New York Times magazine article enti- report that could be described as ‘‘fic- As a result of these reports, we will tled ‘‘Can Lobbyists Stop the War?’’ tion’’ is an insult. now be faced with a choice: Will we We should make no mistake about was quoted in Politico as saying this: heed the advice of our generals, par- the fact that success in Iraq is inex- ticularly in the case of General We have to frame his statements before he makes them. He’s not St. Petraeus, he’s Gen- tricably linked to our safety here at Petraeus, a counterinsurgency expert, eral Petraeus. home. Let us not forget that only 2 unanimously confirmed by the Senate, This same article which I mentioned months ago, this Senate overwhelming or will we close our ears and our minds a moment ago quotes an anonymous passed a resolution declaring the dan- to the facts and cave in to special in- Democratic Senator: gers of a failed Iraq state and express- terest groups that claim to know bet- No one wants to call Petraeus a liar on na- ing our intent not to pursue any strat- ter than our distinguished military tional TV. The expectation is that the out- egy which might lead to that failure, leaders? side groups will do this for us. passed by a vote of 94 to 3. Even before this report was issued by I hope all of my colleagues in the I agreed with Senator REID back in General Petraeus, one such group Senate will join me in condemning January of 2007 when he said: began employing a despicable and rep- these disgraceful attacks against the Our hope, our prayer is that this President rehensible new tactic in anticipation of good name and character of this gen- will finally listen, listen to the generals. a report which contradicted their ide- eral. Instead of making wild allega- That is what we are asking Senator ology. MoveOn.org sponsored this ad, tions, we ought to actually listen to REID and our friends on the other side which shamefully, despicably appeared what he has to say. It is always, I have of the aisle to do today, is to simply in the New York Times, claiming that found, a valuable tool to listen to what listen to this good man who wears the General Petraeus, this distinguished someone has to say before you try to uniform of the U.S. military and give military warrior, was a traitor and argue with them. him a fair hearing. that he would lie in his report. Of course, what he had to say in the We passed the measure I mentioned a Lest anyone be misled into thinking House yesterday will be and is cur- moment ago about taking no action this is a product merely of an indi- rently being repeated, I expect in large which would likely result in a failed vidual organization, MoveOn.org, I part in the Foreign Relations Com- state in Iraq because we recognized would refer my colleagues to an article mittee this morning and the Senate that Iraq is the front line in a much that appeared in the New York Times Armed Services Committee this after- larger war, a global war on terrorism. magazine on Sunday entitled ‘‘Can noon. The fact that General Petraeus When the Confederate and Union ar- Lobbyists Stop the War?’’ What that has reported that these groups find so mies met near a small shoe factory in article pointed out—I would commend reprehensible is that we have actually Gettysburg, they could not have known it to all of our colleagues—is that an made progress in Iraq in communities that battle would be a turning point in attack such as this is not an isolated or in areas such as Al Anbar Province our Civil War. But as we stand now event on behalf of an antiwar organiza- and in other places around the country; looking at the situation in Iraq, we tion like MoveOn.org; it is part of a Al-Qaida in Iraq is losing popularity, must acknowledge that our success or concerted strategy composed of some and with it they are losing ground. failure there will be a turning point, 20 outside special interest groups con- For every person who abandons the one way or the other, in the global war sulting with Democrats on the Hill. doctrines of terrorism, we take another on terror.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11358 CONGRESSIONAL RECORD — SENATE September 11, 2007 Already we have seen Islamic ter- fight against fear and extremism, and fered for all of us to go on record in op- rorism spread across the globe from we will always stand up for a peaceful, position to this outrageous and unac- Syria, Israel, Lebanon, Afghanistan, more humane world. ceptable ad run in the New York Times the Philippines, Jordan, India, and Mr. MCCONNELL. Is the Senator on Sunday. Bali. All have suffered from Islamic from Texas essentially through with ‘‘General Petraeus or General Betray terrorism. European countries such as his statement? Us?’’ What an outrage. Are we not of- Spain, Great Britain, and most re- Mr. CORNYN. I am glad to yield for fended by that? Do we not condemn cently Germany have all had to face some questions. that? This is the opportunity for the the growing threat of suicide bombers Mr. MCCONNELL. If the Senator Senate, on a broad bipartisan basis, to and terrorists. Even here at home re- from Texas has completed his state- condemn this outrageous ad. cently we have seen two terror plots ment, I will seek recognition. I thank the Senator from Texas for fail, thank goodness, at Fort Dix and The ACTING PRESIDENT pro tem- giving us this opportunity. I hope when at JFK Airport. pore. The Republican leader is recog- this vote occurs, it will be a unanimous Were we to close our ears and our nized. expression. Regardless of how we may minds to what General Petraeus and Mr. MCCONNELL. Mr. President, be- feel about the war—and I know that is Ambassador Crocker have to report fore the Senator from Texas leaves, I a deeply divisive issue in this body; we and abandon our effort to provide an wish he could put back up the ad in the understand that—some kinds of rhet- ability for the Iraqis to govern and de- New York Times yesterday. It strikes oric are simply unacceptable. Here we fend themselves, were we to leave the me that the Cornyn amendment is an have an outside organization claiming region to the hegemony of Iran, an opportunity for Senate Democrats to to basically control the Democratic enemy of this Nation which is devel- have their reputation restored. I can’t Party. I don’t believe they do. If I were oping nuclear weapons, we would leave believe that Senate Democrats ap- a member of the Democratic caucus not only the Iraqis but the people in proved of this kind of trash that we and sitting on the other side of the the region—indeed, ourselves here at have seen in the New York Times in aisle in this Chamber, I would be of- home—at the mercy of terrorist orga- this paid ad last Sunday which, I gath- fended by an organization claiming to nizations and countries that give safe er, cost over $100,000. This organiza- control me and to speak for me, such haven to those terrorists, a base of op- tion, MoveOn.org, is claiming it con- as this group apparently does. I thank the Senator from Texas. It is erations which would serve as a trols the Democratic Party. I don’t be- a perfectly timely amendment, as Gen- launching point for further operations lieve that is true. But this is what they eral Petraeus is testifying here in the into Europe and America. But if we had to say back in 2004. Senate today and in the House yester- create a stable self-sufficient Iraq, we Someone named Eli Pariser, an em- day. Of course, next week we will be can begin to push back the terrorist or- ployee of MoveOn, talking about the dealing with the Iraq issue again. I ganizations in the Middle East. We can Democratic Party, said: hope we can discuss it in a typical, re- stop their spread and we can push Now it’s our party. We bought it. We own sponsible Senate debate and not have back, just as the American military it. We are going to take it back. these extreme organizations on the far has in Anbar Province, recruiting local MoveOn is claiming they control the Democratic Party. If I were a Demo- left, which apparently wish for Amer- people, the sheiks, the tribes there to ica’s defeat, have a disproportionate in- be part of the fight on our side and to cratic Senator, I would be offended by MoveOn.org’s claim, as Senator COR- fluence on this body over the outcome eliminate al-Qaida from that region. of our debates. We ought to be able to Just as transparency is the enemy of NYN pointed out in his comments, that rise above that. We have the possibility corruption, free and stable nations are they communicate on a near-daily of doing that. The American people the Achilles’ heel of terrorism. Today, basis with senior Democratic Members. would like for us to do that. They want 6 years to the day from when we were Here is a quote: us to engage in a civil debate about the first attacked, we must redouble our I called over there and said ‘‘you guys bet- ter have a strategy on this.’’ way forward in Iraq. We will have an efforts. We must combat terrorism opportunity to demonstrate that again throughout the world, starting with a By ‘‘there,’’ Matzzie, who, I guess, is the head of MoveOn.org, meant the of- next week. I hope we will demonstrate liberated, secure Iraq. it this morning by overwhelmingly— We should make sure that we give fices of Democratic leaders on Capitol and hopefully on a unanimous basis— General Petraeus and our troops every- Hill with which he or his staff commu- condemning this outrageous ad ques- thing they need to win the battle and nicate on a near-daily basis. According tioning the patriotism of General turn the tide of the larger war, not un- to Matzzie, Matzzie has personal rela- Petraeus. dermine them by condoning the kind of tionships with several senior Demo- I yield the floor. scurrilous attacks reflected in this New cratic Members of Congress. The ACTING PRESIDENT pro tem- York Times advertisement by In short, it strikes me, listening to pore. The Senator from Washington. MoveOn.org. the Senator from Texas and reading Mrs. MURRAY. Mr. President, there We should also remember that the the article in the New York Times my- are a number of Senators who want to war on terrorism is more than a mili- self Sunday, that this organization, speak to the pending amendment by tary engagement; it is a battle of wills this radical leftwing organization is at- the Senator from Texas. The Senator which we all fight. Every day we meet tacking the patriotism of General from Minnesota has been waiting for in this hallowed Chamber, we fight Petraeus with this ad, accusing him, in some time. I ask unanimous consent to that battle. Every time Americans effect, of treason—‘‘Betray Us,’’ it temporarily set aside the amendment gather to worship without fear, we says—and is claiming control of our of the Senator from Texas in order for fight that battle. Every night when we good colleagues on the other side of the the Senator from Minnesota to send go home to our families and we find aisle. I don’t believe that. I don’t be- her amendment to the desk and to comfort with our loved ones, we are lieve that for a minute. The Cornyn speak for a couple of minutes and then fighting that battle. America’s deter- resolution is an opportunity for the to return to the amendment of the Sen- mination to continue our way of life is Senate to go on record, hopefully ator from Texas. a powerful statement to the terrorists unanimously, objecting to this kind of The ACTING PRESIDENT pro tem- that you may threaten us, you may at- dialog. Certainly, they are free to do pore. Is there objection? tack us, but you will never break the whatever they want. It is a free coun- Mr. CORNYN. Mr. President, once American spirit. We will always cher- try. The first amendment allows every- the amendment of the Senator from ish freedom, and we will always pursue one to say whatever they please. But Minnesota is sent to the desk, spoken peace and justice throughout the you don’t have to endorse this kind of on, if my amendment will then become world. nonsense. the pending business, if I understand Over the last 6 years, we have had to This organization strikes me as a se- the request, I have no objection. make many changes in order to adapt vere threat to the reputation of the The ACTING PRESIDENT pro tem- to this new threat, but one thing will Democratic Party. This is an oppor- pore. Without objection, it is so or- never change: America will always tunity the Senator from Texas has of- dered.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11359 AMENDMENT NO. 2816 that 13 people died in that tragedy, or- Ms. KLOBUCHAR. It is my under- Ms. KLOBUCHAR. Mr. President, I dinary people coming home, going to standing that it is emergency funds. ask unanimous consent that the pend- work, people such as Patrick Holmes, We did get some transit money des- ing amendment be set aside, and I send who was driving home to his young ignated early on. The Secretary of an amendment to the desk for imme- wife Jennifer and their two children; Transportation has been very good in diate consideration. people such as Sadiya Sahal, a preg- working with us. I believe we have re- The ACTING PRESIDENT pro tem- nant nursing student, and her 2-year- ceived about $55 million of the $250 mil- pore. Without objection, it is so or- old daughter Hannah, who were headed lion. That is why this amendment asks dered. The clerk will report. to a relative’s home when the bridge for the remaining $195 million to be ap- The assistant legislative clerk read crumbled beneath them. Many people propriated. We will work with the Sen- as follows: were injured. Many people died. That is ator’s staff on the details. We want to The Senator from Minnesota [Ms. KLO- what happened when the dust settled. make sure we cross all the t’s and dot BUCHAR], for herself and Mr. COLEMAN, pro- We now have a gaping hole in a major poses an amendment numbered 2816. our i’s. But we cannot continue to let bridge in the middle of Minneapolis-St. this interstate be a gaping hole in the Ms. KLOBUCHAR. I ask unanimous Paul, a major metropolitan area. Any middle of a metropolitan area, when it consent that reading of the amendment of our Members, or anyone who is lis- is clearly the intent of Congress to be dispensed with. tening today, would think about major The ACTING PRESIDENT pro tem- fund and authorize the money. We are metropolitan areas in their States, if simply trying to receive the rest of the pore. Without objection, it is so or- there was suddenly a gaping hole. The dered. funding that could be immediately bridge basically buckled into the Mis- given to us by the Department of (Purpose: To make available amounts au- sissippi River. It is eight blocks from thorized to be appropriated for the repair Transportation. my home, so I see it every day. It is Mr. BOND. Mr. President, I appre- and reconstruction of the Interstate I–35W costing an estimated $400,000 a day in bridge that collapsed on August 1, 2007, in ciate that. We need to work with DOT Minneapolis, Minnesota) lost business, lost time. There are a to make sure we have the details On page 20, between lines 13 and 14, insert number of other bridges, but they are worked out. I appreciate the Senator the following: very small. Traffic has built up. agreeing to work with us so we can. The emergency response from the I–35W BRIDGE REPAIR AND RECONSTRUCTION Senator COLEMAN wants to be added as Federal Government has been strong. For necessary expenses to carry out the a cosponsor. We may get further infor- project for repair and reconstruction of the The response from the State has been mation as we go to conference, but we Interstate I–35W bridge located in Min- strong. Within 12 hours after this trag- will try to get this resolved today. neapolis, Minnesota, that collapsed on Au- edy, billboards were up about emer- If the Senator would add Senator gust 1, 2007, as authorized under section 1(c) gency bus service. People responded in COLEMAN, I would appreciate that. of Public Law 110–56 (121 Stat. 558), up to the right way, including the Senate Ms. KLOBUCHAR. Senator COLEMAN $195,000,000, as documented by the Minnesota and Congress. But on that day, 60 hours Department of Transportation to remain is an original cosponsor of the original after this happened, a promise was amendment. We made some modifica- available until expended, Provided, That that made that we would rebuild that amount is designated as an emergency re- tions after speaking with Senator BOND quirement pursuant to section 204 of S. Con. bridge. I appreciated the amendment to and, of course, he would be included in Res. 21 (110th Congress): Provided further, build bridges and to help repair bridges this one as well. I also thank Senator across this country. I supported it, as That the Federal share of the costs of any MURRAY for the work she did imme- project funded using amounts made available did my colleague, Senator COLEMAN. diately after this disaster, sending a under this section shall be 100 percent in ac- But we knew this was not the money staff member out to observe the bridge cordance with section 1(b) of Public Law 110– that had been allocated to fix our and work with us on getting immediate 56 (121 Stat. 588). bridge in Minnesota. funding. Ms. KLOBUCHAR. Mr. President, I Oftentimes when these tragedies hap- The ACTING PRESIDENT pro tem- first thank this body for its amazing pen, it does lead to help across the pore. Senator COLEMAN will be added as response when the bridge collapsed in country. When we realized that levees a cosponsor. Minneapolis. Senator COLEMAN and I needed to be looked at, when we real- The Democratic whip. went there immediately the morning ized that flood control systems needed AMENDMENT NO. 2808 after the bridge collapsed on August 1 to be built after the Grand Forks and saw firsthand what happened. I flood—a lot of things happen that help Mr. DURBIN. I ask unanimous con- came back and reported the bravery of other people in the country, but we al- sent to return to the amendment of- our citizens, the emergency responders ways first help the people where the fered by the Senator from Texas. The ACTING PRESIDENT pro tem- immediately diving in, people who tragedy occurs. That is what our pore. Without objection, it is so or- were off duty coming to the scene, or- amendment—Senator COLEMAN is a co- dinary citizens running in saving peo- sponsor—is about, to make sure we dered. Mr. DURBIN. Mr. President, I wish to ple among shards of steel, among rebar, fund the bridge repair, that we fix the speak to that amendment, if I could. diving in, risking their own lives. bridge. There was a miracle schoolbus there A bridge in the middle of America First, let me stipulate I have said pub- where little kids could have died. But just doesn’t fall down. We will get to licly, and believe in my heart, GEN one man, who didn’t even know those the bottom of what happened. But David Petraeus is an honorable man kids, opened the door and let them out. when it does fall down, we rebuild it. who has served this country with dis- This is what happened in Minnesota We fix it. tinction. It has been my good fortune that day. Then we returned to this I thank the Senate for its consider- to meet with him in Iraq on several oc- body and worked with our fellow Sen- ation. casions, 21⁄2 years ago, when his job was ators. Not one Senator objected to the Mr. BOND. Mr. President, may I ask an important job in training the Iraqi idea that when a Federal bridge falls in the Senator from Minnesota a couple Army, to prepare it to take over for the middle of America, we must rebuild questions? Obviously, we are all con- American soldiers. Most recently, in it. When a Federal highway overpass cerned about this collapse. We know August, I met with General Petraeus in falls in the middle of America, we must the burden. We want to make sure we Baghdad for 3 hours, and with Ambas- rebuild it. provide responsible help that is nec- sador Crocker, over dinner. We had a At that time, when we only had 60 essary. Senator COLEMAN has indicated lengthy conversation about the surge, hours to get the authorization for the he wants to speak on the amendment. the situation in Iraq. $250 million that we requested to re- I would like to know, No. 1, if this in- I never for 1 minute questioned Gen- build that bridge, we were told to wait cludes transit funding in that $195 mil- eral Petraeus’s patriotism, his com- until the dust settled to figure out the lion. Is it emergency highway funds, petence, and his record of serving details of the appropriation. That emergency bridge funds, or is it just America. That is something I am seemed like a good idea. designated as an emergency that does happy to stipulate for the record and I The dust has settled. We have learned not come out of any of the existing believe is beyond question and re- in our State and in our community highway or bridge funds? proach.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11360 CONGRESSIONAL RECORD — SENATE September 11, 2007 I will also tell you I voted for Gen- the debate which is part of our Amer- our Government, which they deserved. eral Petraeus to be head of our mili- ican conversation. It goes on on the To have the scurrilous attacks from tary effort in Iraq and did so without floor of the Senate and the floor of the the Swift Boat Veterans for Truth, I reservation. I believe he is extraor- House. thought, was an outrage. I do not recall dinarily competent as a military lead- The same was true for Secretary resolutions on this side of the aisle er. There are no questions to be raised Rumsfeld. I introduced him to the com- saying: Well, now, the Republican about that. mittee when the President first nomi- Party has to repudiate those. Yesterday, before a joint session of nated him to be Secretary of Defense, But if this is going to be our stock in the House Armed Services Committee and did so with pride because I had trade now—instead of dealing with and the House Foreign Affairs Com- known of his service as a Congressman issues such as rebuilding the bridge in mittee, General Petraeus appeared from Illinois. Over the course of several Minneapolis, instead of facing the re- with Ambassador Crocker. The morn- years, I came to disagree with many of ality of bridges across America that ing news reports suggest virtually his policies and believe he made some are dangerous, instead of dealing with every single Member of Congress from serious mistakes, for which we are still highway funds that are critically im- both sides of the aisle preceded their paying. That kind of disagreement is portant—we are going to set all that remarks about General Petraeus’s tes- also part of this debate on Capitol Hill. aside and ask, first, the Democrats and timony by giving credit and tribute to Now, what the Senator from Texas then the Republicans to respond to this man for his service to our Nation. suggests—and also the Senator from every ad that is published in the news- That is why this amendment that has Kentucky, the minority leader—is that paper, then we better set up a special been offered by the Senator from Texas now the Democratic side of the aisle committee to deal with that. It would strikes me as a little unusual, first in has to be held accountable for all the be the ‘‘Committee on Headlines,’’ I that it is being offered on the Trans- critics of General Petraeus. In fact, guess. We could have a bipartisan portation appropriations bill. Someone they have gone so far—the Senator group and each day have a list of head- said, kind of jokingly: Is it because from Kentucky said what we are about lines we all object to, and then vote on General Petraeus was transported over here is not a resolution relative to them on a regular basis. American highways to make it to the MoveOn.org., what we are about is ‘‘re- Is that why we are here? Is that why hearing? It is a good question that is storing the reputation of the Demo- we were elected? Do we set aside the being raised here about the general, cratic Party.’’ He went on to say the Transportation bill for America to deal but it certainly is not a question rel- actions of this organization are ‘‘a se- with an ad purchased by a private orga- ative to a Transportation appropria- vere threat to the reputation of the nization? I do not think so. tions bill, which includes many serious Democratic Party.’’ Let me say I think it was a poor and important issues as well. Perhaps the Senator from Kentucky choice of words in that ad. I do not sub- We just heard a comment from the overstated a little bit. When the orga- scribe to that point of view about be- Senator from Minnesota. I can tell you nization ran a full-page ad, I did not trayal at all. I will defend the right of her concern about her State and the notice at the bottom anything that that organization and others to speak terrible tragedy that occurred there is said ‘‘endorsed and approved by the up against the war or for the war, heartfelt. I am glad on behalf of Sen- Democratic National Committee.’’ Or- whatever their position might be. That happens to be part of the American op- ator COLEMAN and herself she has ganizations make their statements, brought it to our attention. I hope we stand by their words, and are held ac- portunity, to stand up and speak your will take it up, as we should, during countable for those. Occasionally, mind, whatever it may be. To take the time of the Senate, on a regular basis, the course of debating this bill. there is a poor choice of words. I think to come through here and to hold us Secondly, though, there is a time and in this particular ad there was a poor accountable for purchased advertising place for this debate. It is an important choice of words to suggest there was by organizations will become a full- debate because having conceded all of any betrayal involved in the testimony time job. these important personal qualities of of General Petraeus. But I might re- Now, before I close, let me say this: I General Petraeus, the fact is I disagree mind my colleague and friend from do not believe this amendment is ger- with the conclusions he presented to Texas, even the best of us can occasion- mane. If the Senator wants to offer it that joint committee yesterday. That, ally get tangled up in a poor choice of on some other bill, in some other con- of course, does not reflect on him per- words. It has happened to both of us on text, that is his choice, if he wants to sonally; it just reflects on the fact he the floor of the Senate. That is a fact. do it that way. But I wish to get back and I have a difference of opinion. Dif- Occasionally you have to stand up and to the business of the Transportation ferences of opinion are pretty basic to say: I did not quite mean it the way it bill. our style of Government, not only in sounded. But before I leave the floor, let me Congress but among the American peo- Well, let me say at this point, if we make it clear I disagree with the con- ple. So for someone to take exception are going to be held accountable for clusions of General Petraeus. I have to the remarks of General Petraeus is every organization that opposes the been there. I have met with him. I have not unusual. In fact, it is expected. war and the language they use, if the seen it. It is true the surge is buying us That is a debate that characterizes a Democratic Party has to come to the at least temporary security benefits in democracy, a government where we are floor and be asked up or down to vote some parts of Iraq, but the general has not afraid to stand up and disagree on every comment and phrase made, it said, and many others have said, we with even people at the highest levels is a standard that might consume a lot will never win this war militarily. It of Government, even people who have of time in the Senate. has to be won by the Iraqi Government excellent reputations who can, from I do not recall a legion of Republican making important political decisions time to time, be wrong. Senators filing in here to complain to bring their country together and to I would remind the Senator from about Swift Boat Veterans for Truth. stabilize Iraq. No matter how many Texas it was a gentleman from his own In the middle of that Presidential cam- soldiers we send in, that political re- State who became Attorney General paign, JOHN KERRY, a decorated Viet- sponsibility will still be there, and and recently resigned, after serious nam war hero, had his reputation at- even the most optimistic fans of the questions were raised about his judg- tacked and criticized by a Texas orga- Bush administration could not say at ment. I did not vote to confirm Alberto nization, the Swift Boat Veterans for this moment in time there is a govern- Gonzales. I had serious doubts about Truth, that suggested he was not de- ment of national unity in Iraq. There is whether he could serve as Attorney serving of the combat decorations not. General, and expressed those doubts which he received. I thought their at- For all of the lives that have been of- during his confirmation hearing, dur- tack was an outrage. Most Americans fered up by Americans—3,774 of our ing the consideration of his nomination felt the same. We understand many best and bravest who have died as of before the vote on the Senate floor, and men and women have risked their lives this day in this war in Iraq; 27,186 who afterwards, and that is a fact. That is and given their blood in service to this have been wounded—the fact is the po- what we are here for. That is part of country and received recognition from litical situation in Iraq is a disaster.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11361 Even with the additional surge troops, Well, frankly, there are a lot of people 2000, the Chair must rule on the ger- it is a disaster. For General Petraeus who think the global war on terrorism maneness of sense-of-the-Senate to suggest he will try to bring home and our success or failure in Iraq are amendments to appropriations bills. the surge forces—30,000—by some time just as important—I would submit The Chair finds this amendment is not next year, from this Senator’s point of more important—than an appropria- germane. The point of order is sus- view, is not good enough. That will not tions bill. But the fact of the matter is, tained and the amendment falls. move the Iraqis forward to accept re- we could do both, and we could get this The Senator from Texas is recog- sponsibility for their own country, to amendment voted on in rather short nized. accept responsibility for their own de- order. Mr. CORNYN. Mr. President, I am fense. So I do think this amendment is disappointed the Senator from Wash- So though I respect General timely. General Petraeus testified yes- ington has chosen to make a point of Petraeus, and will continue to respect terday before a joint committee of the order against this timely amendment. him, I respectfully disagree with the Armed Services Committee and For- This amendment is not delaying the conclusions he reached before that eign Relations Committee in the underlying bill, contrary to the distin- joint committee in the House yester- House. He is testifying, even as we guished Senator’s statements and the day. That is my right. It is the right of speak, before the Senate Foreign Rela- statements of the majority whip. every American. If people, in dis- tions Committee, and will testify this We are prepared to set a vote on this agreeing, make a poor choice of words, afternoon before the Senate Armed amendment at any time this week. I an unfortunate choice of words, I am Services Committee. I think this is a understand the rules of precedence, and not going to be standing here and de- timely matter, where we should ex- I am certain we have considered other fending them. But I will stand and de- press our strongest repudiation of the amendments previously when similar fend the right of every American to kind of despicable attack on the char- points of order could have been made question and challenge this Govern- acter of this good man that this ad rep- and the Senate chose not to raise the point of order. It is not self-executing; ment and its policies. That is not a re- resents. someone must raise it. It appears the flection on the general’s good work or This ad reportedly cost roughly other side believes the Senate should on the fine contribution by the men $160,000 in the New York Times by not speak on this, what I believe is the and women in uniform. MoveOn.org. I have already spoken to most important issue today. Again, we I hope this amendment offered by the the coordination between these outside are prepared to set an immediate vote Senator from Texas is found not to be groups—including MoveOn.org, re- ported in the New York Times Sunday and move on to other issues. germane to this Transportation bill, Having said that, I will alert my col- magazine in an article entitled ‘‘Can and I hope we can return to the impor- leagues that the Senate will speak on Lobbyists Stop the War?’’ talking tant business of that bill soon. this issue at some point. We will come Mr. President, I yield the floor. about regular consultation and coordi- back and the Senate will weigh in on The ACTING PRESIDENT pro tem- nation between these outside groups this despicable ad. pore. The Senator from Texas. and Democrats on the Hill. UNANIMOUS CONSENT REQUEST Mr. CORNYN. Mr. President, before I I agree with the distinguished Repub- Mr. President, I ask unanimous con- respond to the distinguished majority lican leader, Senator MCCONNELL. This sent that at a time determined by the whip, I ask unanimous consent that is a way for our friends on the other two leaders today, the Senate proceed Mr. INHOFE, the Senator from Okla- side of the aisle to show some separa- to a vote on the adoption of a resolu- homa, be added as an original cospon- tion between the irresponsible rhetoric tion, the text of which is the exact lan- sor of my amendment. of these groups, such as MoveOn.org, guage of the amendment which I have The ACTING PRESIDENT pro tem- and their own position. offered. Further, I ask unanimous con- pore. He is on the amendment now. All I am asking is that the distin- sent that if the resolution is agreed to, Mr. CORNYN. I thank the Chair. guished majority whip—who has al- the preamble be agreed to and a motion Mr. President, I always enjoy listen- ready said this is a poor choice of ing to the distinguished Senator from to reconsider be laid upon the table. words and that he doesn’t subscribe to Before the Chair rules, this unani- Illinois. He is one of the most gifted that point of view—allow the amend- mous consent request allows us to con- speakers in the Senate, and he is a bril- ment to be voted on, and by voting for sider the language outside the Trans- liant lawyer. We serve together on the the amendment, he will basically con- portation appropriations bill, and I Senate Judiciary Committee. firm what he has already said on the would hope there would be no objection I agree with him that sometimes peo- floor. to this. ple say things they later regret. He is The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- right, both of us have been in that bar- pore. The Senator from Washington is pore. The Senator from Washington is rel, and we have asked for forgiveness. recognized. recognized. Hopefully—I do believe, actually, we Mrs. MURRAY. Mr. President, we Mrs. MURRAY. Mr. President, as the have received that. But I do think he have about 26 hours left to complete majority leader has said, we are going protests too much. the Transportation and Housing Sub- to return to the Iraq debate within a This simple amendment—which committee appropriations bill. Our ma- few days. We are trying to work our would take us 15 minutes to vote on, if jority leader has already said we are way through a very difficult Transpor- allowed to do so—has to do with more going to return to a debate on Iraq tation bill today and, therefore, I ob- than just a simple disagreement with next week, a very few days away from ject. what General Petraeus has said. This is now. The ACTING PRESIDENT pro tem- a direct attack, impugning the char- I have a great deal of respect for Gen- pore. Objection is heard. acter of this distinguished member of eral Petraeus, but I would remind my The Senator from Rhode Island is the U.S. Army. It is not simply a poor colleagues this is the Transportation recognized. choice of words. appropriations bill which we are at- Mr. REED. Mr. President, I would The Senator from Illinois said: I do tempting to complete and the amend- like to make general comments on the not subscribe to that point of view. If ment before us has nothing to do with legislation that is before us today—the we would have an opportunity to vote that subject matter. Therefore, in ac- Transportation, Housing and Urban De- on my amendment, his vote in favor of cordance with the point of order estab- velopment Appropriations bill for fis- my amendment would, in fact, confirm lished by Senator LOTT when he was cal year 2008. what he has already said on the floor— majority leader, I now make a point of This legislation provides critical that it is a poor choice of words and he order against the amendment, that it funding for our Nation’s transportation does not subscribe to that point of is a sense-of-the-Senate amendment infrastructure and supports programs view. which is not germane to the Transpor- that are essential to creating vibrant At the same time he asked: We are on tation appropriations bill. neighborhoods and communities the Transportation appropriations bill. The ACTING PRESIDENT pro tem- throughout the United States. I par- Why are we talking about this now? pore. Under the precedent of May 17, ticularly wish to commend Senator

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11362 CONGRESSIONAL RECORD — SENATE September 11, 2007 MURRAY and Senator BOND for their move aggressively to pass this legisla- the Community Development Block leadership on this very important leg- tion as a result. Grant funding which is so necessary to islation. They have been long-time sup- The bill also provides $16.6 billion for all our local leaders. This bill rep- porters not only of Transportation the Section 8 accounts. We all under- resents wise policy and robust funding projects but also the Housing and stand that Section 8 is a vital compo- beyond the President’s request. I hope Urban Development projects inherent nent of our housing for our elderly and very sincerely the President will not in this bill. housing for low-income Americans. carry out his threats to veto this bill. We are all aware of the Nation’s Without this, we are literally going to This bill addresses infrastructure prob- aging infrastructure. Senator KLO- force people out of safe, secure, afford- lems and housing problems. It goes to BUCHAR pointed out very eloquently the able housing they have today because what makes this country work: the terrible situation in Minnesota with the bulk of this money goes to main- economic infrastructure of highways the collapse of the bridge over I–35. tain those individuals who are in sub- and bridges and the human infrastruc- This bill provides $40 billion to the sidized housing today. So many of ture of homes and housing and commu- Federal-aid Highways Program and them are seniors, low-income seniors. nity development. helps State and local governments This is the least we can do. I am par- This is legislation that I, again, com- maintain bridges, build roads, reduce ticularly proud to support the $75 mil- mend Senators MURRAY and BOND for congestion, and improve air quality. lion Senator MURRAY has included for developing, and I thank them and their The funding level of $631 million more the Veterans Affairs Supported Hous- staffs for their great work. I hope we than the administration requested and ing Program. This is a new incremental can, this evening or tomorrow, go to more than $1.13 billion than what was voucher program that would be jointly final passage and send this bill forward provided in 2007. Frankly, even this ro- funded by the Department of Veterans for enactment. bust amount is probably not adequate Affairs and HUD to provide Section 8 I yield the floor. to deal with the crises we face across vouchers for homeless veterans. There The ACTING PRESIDENT pro tem- this country. is nothing more deplorable, if you want pore. The Senator from Missouri is rec- After the tragedy in Minnesota, to talk about deplorable then leaving ognized. every State looked very closely at veterans homeless. What about the Mr. BOND. Mr. President, I thank the their bridges and their roadways, and thousands of veterans, combat veterans Senator from Rhode Island. He has it turns out that in my State of Rhode in this country who are living on the been a very effective advocate on hous- Island we have one of the highest per- streets? We had a hearing, and a gen- ing and the wide range of topics he has centages of structurally deficient and tleman from Durham, NC, talked about discussed. His assistance and support functionally obsolete bridges in the the veterans program he is running. We for the bill is very important. We work country. We need resources, but we are have veterans of the Armed Forces of with him on many issues and appre- not alone. Every State in this Nation the United States who are living be- ciate the opportunity to do so. needs these resources. This bill is very hind the bicycle rack at the local Yesterday, we had some very inter- critical in responding to that need. Kinkos because they can’t get housing. esting discussions. I am sorry the Sen- Again, I commend Senator MURRAY So if you want to talk about a shame ator from North Dakota is not here, and Senator BOND for doing that, and I and an insult to America’s men and but I am hoping he will perhaps be particularly commend Senator MURRAY women in uniform, look closely at how watching because I do have some an- for her amendment yesterday increas- we are treating some of these homeless swers to the questions he raised about ing the allocation for this type of work veterans. This bill at least attempts to the Department of Transportation’s in- on bridges with an additional $1 billion. try to reverse that. I am pleased we are spector general report. The first thing The Transportation provisions in this providing $1.6 billion for overall home- he asked was how could the Depart- legislation are critically important to less assistance grants because we have ment of Transportation—the DOT—act the future of the country. a large population of homeless Ameri- so quickly when they received the IG The other important part of the leg- cans who deserve help and assistance. report on Thursday night, September 6, islation is the Housing and Urban De- There is an additional grant for a and came out with their truck order velopment programs. Here again, we pilot program of $25 million to give the for the pilot program on Friday, Sep- have to be terribly concerned about Secretary of HUD the ability to put a tember 7. Well, the fact is that the what is going on in the United States. program together that will provide for DOT, similar to Congress, had been We are all aware of the unfolding rapid rehousing of homeless families. fully briefed on the contents of the re- subprime mortgage crisis. We are Homelessness at one point was per- port on August 27. I think everybody aware of the fact that many individ- ceived as a problem of principally men who is familiar with audits knows that uals are already suffering foreclosure on the street; perhaps stretches back before the audit is released, there is an because of the exotic mortgages. It is to our—not nostalgic but our recollec- audit conference and the auditee—in also rippling over into our larger finan- tion of the hoboes of the Great Depres- this case the DOT—gets an opportunity cial institutions in terms of a liquidity sion moving around without homes. to comment on it. The report that the crisis. These are huge problems the Today, homelessness is a family prob- DOT issued was based on the inspector economy is facing and facing them lem in this country, and this program general’s draft. with great difficulty over the last sev- can provide hope—limited resources We were able to confirm—they were eral weeks. But what is happening and but a matrix, if you will, to help these able to confirm they felt they had com- what will happen over the next several families move forward. plied with the concerns raised by the weeks is the fact that many additional This legislation also provides addi- inspector general. subprime mortgages will reset their in- tional funding for the Public Housing Specifically, on the inspection of terest, and everyone is projecting and Capital Fund and the Public Housing every truck, every time, the IG said looking forward to additional pressure Operating Fund. We have to help our that as of July, the DOT didn’t have a on home loans. cities and municipalities that are run- plan in place with DHS to make sure One of the important aspects of the ning public housing to maintain the fa- Customs and Border Protection legislation before us is that this legis- cilities and to operate these facilities. checked all the trucks. Since that lation includes $150 million for housing There is also another issue that is time, however, DOT has executed counseling assistance that will help ad- important and that is lead abatement. agreements with Customs and Border dress some of these subprime fore- Senator BOND has been a particular Protection so every truck, every time closure problems by allowing not-for- champion, along with Senator MIKUL- is checked. That is departmental pol- profit groups to reach out to people SKI, on lead abatement problems icy, rather than a statutory require- facing foreclosure and give them help throughout this country. This legisla- ment, but that is what is being done. and assistance and act as an inter- tion reflects his interest, his concern, The third item: It was alleged that mediary between the financial institu- and his commitment to helping com- DOT does not have independent access tion and the borrower. This is very im- munities deal with lead abatement. It to accident, driver’s license, and other portant, very timely, and I hope we also deals I think very effectively with data if it is not voluntarily provided by

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11363 the motor carrier. DOT tells us that is sociation; International Dairy Foods; on January 1, 2008. Although Mexico’s gov- not true. Motor carriers who want to National Barley Growers; Cattlemen’s ernment has reaffirmed its commitment to participate in the program willingly Beef Association; Chicken Council; implement these NAFTA obligations, it is and promptly turn over all records per- Corn Growers; Milk Producers; Oilseed under immense political pressure to dis- regard some NAFTA provisions—in par- taining to their proposed operation. If Processors; Pork Producers Council; ticular, provisions regarding food and agri- the Federal Motor Carriers Agency Potato Council; Sorghum Producers; culture. Such action by Mexico could have feels there is a need for more indepth Turkey Federation; North American devastating effects on U.S. farm exports to data, the Mexican Government will Equipment Dealers; North American Mexico. provide it. That is exactly the same Export Grain Association; American Third, Mexico could legally retaliate process that is in place for Canadian Millers’ Association; Produce Market- against the United States on the trucking carriers, Canadian drivers who come ers; Sweetener Users; Fertilizer Insti- issue. A NAFTA dispute-settlement panel unanimously ruled in 2001 that the blanket from north of the border. tute; U.S. Apple Association; Dairy Ex- exclusion of Mexican trucking firms from There was a question about State en- port Council; Wheat Associates; Dry the United States violated U.S. obligations forcement and DOT has addressed that. Bean Council; Hide, Skin and Leather under the NAFTA. The Federal Motor Carriers Agency has Association; Dry Pea and Lentil Coun- Mexico was authorized to retaliate against developed a significant program to cil; and the Rice Federation. about $2 billion in U.S. imports. Fortu- train State officials on the enforce- Mr. President, I ask unanimous con- nately, to date, Mexico has refrained from ment where FMCSA officials are not sent to have the letter printed in the retaliating against the United States. Unless Congress stops preventing implementation of available, and it would include testing RECORD. There being no objection, the mate- the cross-border trucking program—which English language proficiency. Mexico’s U.S. ambassador correctly calls ‘‘a Having covered that, I think it might rial was ordered to be printed in the powerful symbol of the state of our bilateral be useful for our colleagues to know RECORD, as follows: relations’’—we fear that Mexico may retali- there is some strong support for allow- JUNE 6, 2007. ate and that U.S. food and agriculture will ing these trucks to run in the United DEAR MEMBER OF CONGRESS: The under- be the hardest-hit sector. That would seri- States. I had a letter that was e-mailed signed U.S. food and agriculture groups are ously harm U.S. farmers, ranchers and food to me, and I assume to others, today. It deeply disturbed by congressional efforts to companies and reverse the vital gains that block the 14-year-old commitment in the is actually dated June 6; I think it is U.S. agriculture has achieved because of the North American Free Trade Agreement NAFTA. one they had previously issued. But it (NAFTA) to allow Mexican and U.S. trucks The Mexican government is resisting broad says: to deliver international cargoes throughout domestic pressures to keep its word on the The undersigned U.S. food and agriculture each other’s territories. These efforts im- NAFTA. We strongly urge you to honor the groups are deeply disturbed by congressional peril U.S. food and agriculture exports, cross-border trucking commitments the efforts to block the 14-year-old commitment which have grown dramatically under the United States has made to Mexico. of the North American Free Trade Agree- NAFTA, and could inflict serious financial Sincerely,———. ment to allow Mexican and U.S. trucks to harm on U.S. farmers, ranchers, and agri- Mr. BOND. Mr. President, I urge my deliver international cargoes . . . businesses. colleagues to read this because if they And they state: The NAFTA is a huge success story for U.S. farmers and ranchers. U.S. exports of are concerned about what NAFTA has These efforts imperil U.S. food and agri- food and agricultural products to Mexico done for U.S. agriculture, I think this culture exports, which have grown dramati- have tripled under the NAFTA, climbing is a fairly impressive list of agricul- cally under the NAFTA, and could inflict se- from $3.6 billion in 1993 to $10.9 billion in tural associations, touching almost rious harm on U.S. farmers, ranchers, and 2006. Mexico is now the top-value export every facet of American agriculture, agribusinesses. market for U.S. beef, dairy, rice, corn sweet- that see the amendment pending on the They go on to say: eners, soybean meal, soybean oil, apples and floor as a great threat to the trade that The NAFTA is a huge success story for dry edible beans and the second largest for keeps agriculture strong and provides U.S. pork, corn, poultry, soybeans and a sta- U.S. farmers and ranchers. U.S. exports of revenue farm families in rural commu- food and agricultural products to Mexico ble reliable market for U.S. cotton. have tripled under the NAFTA, climbing We are concerned that Congress has de- nities need throughout America. from $3.6 billion in 1993 to $10.9 billion in layed implementation of a modest dem- The ACTING PRESIDENT pro tem- 2006. Mexico is now the top-value export onstration program for cross-border trucking pore. The Senator from Washington is market for U.S. beef, dairy, rice, corn sweet- with a provision recently attached to the recognized. eners, soybean meal, soybean oil, apples and Iraq supplemental spending bill. Of para- Mrs. MURRAY. Mr. President, on Au- dry edible beans and the second largest for mount concern, however, are H.R. 1773, gust 2, 2007, by a vote of 83 to 14, the U.S. pork, corn, poultry, soybeans and a sta- which was passed by the House and referred Senate approved S. 1, the Honest Lead- ble and reliable market for U.S. cotton. to the Senate Commerce Committee, and ru- ership and Open Government Act of mored plans to attach a similar measure to They go on to talk about how this ac- appropriations bills in both chambers. H.R. 2007, clearing that measure for the tion is unwarranted. It would signal to 1773 effectively rewrites the NAFTA by strip- President. When that is signed by the the world that the United States is ping the Administration of authority to op- President, this ethics reform legisla- willing unilaterally to renegotiate erate anything but a limited test program tion will significantly improve the terms of existing trade agreements. for three years. transparency and accountability of the Secondly, they say it enhances the Supporters of this proposed legislation legislative process. likelihood that Mexico will likewise contend that they are concerned about high- While the President hasn’t yet signed disregard commitments that it made in way safety. But Mexico has always agreed that legislation, I wish to assure Sen- that its trucks and drivers will have to com- the NAFTA, such as terminating the ply with all U.S. safety standards. Indeed, ators that we intend to abide by the re- remaining tariffs on American agricul- the demonstration program requires that quirements of that legislation during tural exports, and it notes that Mexico U.S. inspectors examine and clear all Mexi- the consideration of this bill. The leg- could legally retaliate against the can trucks on-site in Mexico before any can islation requires that the chairman of United States and retaliate against participate—a step we do not require for the committee of jurisdiction certify U.S. exports to Mexico. That is why trucks driving through our nation from Can- that certain information related to Mexico’s U.S. Ambassador correctly ada, our other NAFTA partner, or, for that congressionally directed spending be matter, for U.S. trucks. calls this a powerful symbol of the If implemented, the legislation would cre- identified and that the required infor- state of our bilateral relations. ate a number of serious problems: mation be available on a publicly ac- I think that if you will humor me for First, it would signal to the world that the cessible congressional Web site in a just a minute, I want to tell you who is United States is willing to unilaterally re- searchable format at least 48 hours be- behind this letter. For anybody who negotiate the terms of an existing trade fore a vote on the pending bill. The in- has agricultural interests in your agreement. formation required includes identifica- State, the people supporting it are the Second, it enhances the likelihood that tion of the congressionally directed Mexico will likewise disregard commitments American Bakers Association; the Cot- that it made in the NAFTA. There is signifi- spending and the name of the Senator ton Shippers; Farm Bureau Federation; cant unrest in Mexico over the termination who requested such spending. This in- Frozen Food Institute; Meat Institute; of remaining Mexican tariffs which are formation is contained in the com- Soybean Association; Corn Refiners As- scheduled under the NAFTA to be removed mittee report numbered 110–131, dated

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11364 CONGRESSIONAL RECORD — SENATE September 11, 2007 July 16, 2007, and has been available on duction in all of the other programs time to make sure that when an ear- the Internet now for 8 weeks. throughout the Department of Trans- mark is requested, it meets the State’s In addition, pursuant to standards es- portation because of the underalloca- guidelines. The State Department of tablished by Chairman BYRD and Sen- tion of the moneys necessary to com- Transportation of North Carolina has ator COCHRAN for consideration of the plete an earmark. to lobby its own members to make sure fiscal year 2008 bills, letters from each What does that mean? It means that the requests are within the guidelines Member with the congressionally di- when we put an earmark in—author- of the priorities of the State of North rected spending item in this bill or ac- ized or unauthorized—and we say it Carolina. companying report are available on the costs $100, what the Department of How did we get to the point that we Internet certifying that neither the Transportation is finding is that often disconnect priorities to the fact that Senator nor his or her spouse has a pe- it doesn’t cost $100; because it is man- we want to help a certain group that is cuniary interest in such spending item. dated by law, we spend $150. That $50 outside the priorities of our State but Mr. President, I ask unanimous con- goes out of the rest of the programs at inside the priorities of our political sent to have a certification by the the Department of Transportation; purposes? I think we need to reexamine chairman of the Committee on Appro- therefore, it cuts. They talked about what we are doing. I think we need to priations printed in the RECORD at this this as overearmarking, not in terms of reprioritize. point. the numbers but earmarking a result The fact is that a lot has been said There being no objection, the mate- without putting in the dollars to do it. about the tragedy that happened in rial was ordered to be printed in the I think there is a comment on one of Minnesota. I honestly believe Presi- RECORD, as follows: these charts out of the IG’s report dent Reagan was right in 1982 when he Senator Byrd: I certify that the informa- which states just that. vetoed a Transportation bill that had tion that will be required by S. 1, when it be- Here is another chart. It says: 11 earmarks. His point was that these comes law, related to congressionally di- 99 percent of the earmarks reviewed by the take away from the priorities. Those 11 rected spending, has been identified in the inspector general bypassed merit review. earmarks have grown to over 8,000 now. Committee report numbered 110–131, filed on So each year, we have lessened the pri- July 16, 2007, and that the required informa- What does that mean? That means tion has been available on a publicly acces- had they not been earmarked, they orities of safety and efficient transpor- sible congressional website in a searchable would not have been a priority in a tation to help us politically. Better planning and prioritization of format at least 48 hours before a vote on the State transportation project and would existing transportation funds could im- pending bill. not have met a priority of the stand- prove road safety and bridge safety. Mrs. MURRAY. Mr. President, I yield ards the DOT has on highways and Realize that 13,000 people a year in this the floor. bridges—there are five. Only 1 percent country die because of inadequate or The ACTING PRESIDENT pro tem- of the earmarks placed in the appro- poor-quality roads—Federal roads, not pore. The Senator from Oklahoma is priations bill actually pass or meet State roads. What are some of the recognized. merit review. The very thing our things we do with transportation dol- Mr. COBURN. Mr. President, I thank States do is sit up and say: This is how lars? We build transportation muse- the Senators for their hard work on we want to prioritize spending in our ums, we build bike paths, we build this bill. As the tragedy in Minnesota States for safety and infrastructure in parking garages. We have multitudes of showed, priorities are important. terms of transportation. These are not earmarks that are anything except a I notice Senator BOND referred ear- my words; these are the IG’s words priority for safety for transportation in lier to the IG’s report I had requested from the Department of transpor- this country. on the Department of Transportation. tation: I must thank both the inspector gen- AMENDMENT NO. 2810 eral and Secretary Peters for their 7,724 out of 7,760 transportation earmarks in 2006 were not subject to the agency’s pri- Mr. President, I ask unanimous con- forthrightness and plain-spokenness in ority ranking, review, or selection process, sent to call up amendment No. 2810. this report. The report is pretty signifi- or bypassed the States’ normal planning and The ACTING PRESIDENT pro tem- cant. I wish to spend a few minutes program processes. pore. Is there objection to setting aside talking about it. So it comes back to the point, why the pending amendment? First, I want to show the American don’t we have all these bridges in- Mr. COBURN. Mr. President, I ask people the significance of where we spected, and why did we see a tragedy unanimous consent to set aside the stand on the National Highway Sys- in Minnesota? It is because we failed; pending amendment and call up tem. This doesn’t have anything to do the bridge didn’t fail. We failed to put amendment No. 2810. with States; this is national high- Mr. BOND. Mr. President, what is in the proper amount of money, and we ways—designated national highways or amendment No. 2810? failed to put priorities on what is most interstate highways—in terms of the Mr. COBURN. This amendment is an important for our transportation sec- structurally deficient bridges in this earmark moratorium until all bridges tor. country. This is from the U.S. Depart- are repaired. Here is the next chart. Here is an- ment of Transportation. These are not The ACTING PRESIDENT pro tem- other point the IG made: my numbers. As you can see on this pore. Without objection, it is so or- chart, throughout the country—and it Recent Department of Transportation re- dered. authorizations have included a significant is emphasized in the most populous The clerk will report. number of specific projects with associated The legislative clerk read as follows: States, with the exception of Florida— funding directed to specific State and local we have significant problems when it agencies or locations. For example, the cur- The Senator from Oklahoma [Mr. COBURN] comes to bridges. I contend that it is rent Department of Transportation author- proposes an amendment numbered 2810. not necessarily too low of a gas tax ization for surface transportation accounted Mr. COBURN. Mr. President, I ask that has created this; it has been a for 6,474 of the Department of Transpor- unanimous consent that the reading of lack of priority. tation’s 8,056 earmarked projects for FY2006. the amendment be dispensed with. I have several amendments I plan to We are taking money away from the The ACTING PRESIDENT pro tem- offer to this bill. However, I will prob- priorities the States and Department pore. Without objection, it is so or- ably limit those if my overall first of Transportation have that are out dered. amendment passes. there and are transparent, and we are The amendment is as follows: There were several key points that moving them away. That means there (Purpose: To prohibit funds appropriated the IG made and the Secretary of Com- is less money for the tremendous num- under title I from being used for earmarks merce commented on when it comes to ber of bridges that are structurally de- until all structurally deficient and func- tionally obsolete bridges have been re- earmarks. Probably the most impor- ficient right now in our highway sys- paired, with limited exceptions) tant of those is that earmarks, when tem. On page 70, between lines 20 and 21, insert they are made, don’t fully account for How do we solve that? How do we the following: the cost of those earmarks. As a mat- meet the needs? The State of North SEC. 194. (a) Except as provided under sub- ter of fact, the IG found substantial re- Carolina has somebody up here full section (b), none of the funds appropriated or

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11365 otherwise made available under this title shared that in other areas. My State ciencies, and we are currently spending may be used for any earmark until all does not begrudge this point. The fact over $10 billion a year. bridges in the United States that are classi- is, our State is small compared to the As Secretary Mary Peters said in tes- fied under the Federal Highway Administra- Northeast and the west coast in terms timony on September 5 before the tion’s bridge inspection program, as of the House Transportation Committee, the date of the enactment of this Act, as ‘‘struc- of structurally deficient bridges. turally deficient’’ or ‘‘functionally obsolete’’ The point ought to be: How do we number of structurally deficient have been sufficiently repaired to no longer change the priority, how do we respond bridges has been declining significantly meet the criteria for such classifications. to the concerns of the American people from 18.7 percent in 1994 to 12.0 percent (b) Funds appropriated under this title over what, in fact, has to be the right now. Obviously, that is still too much, may be used for an earmark that is des- priorities for transportation? but it is not just deficient bridges. ignated to repair— A couple of actions can be taken on As I pointed out yesterday, we have (1) a bridge that is classified as ‘‘struc- this amendment. We can vote it down, tremendous highway safety needs. The turally deficient’’ or ‘‘functionally obso- Chair and I and the Transportation, lete’’; or and we can say safety and bridges and safe roads are not a priority, but muse- Housing and Urban Development Com- (2) a road with ride quality that is not clas- mittee, the THUD Committee, held a sified as ‘‘good’’ or ‘‘acceptable’’. ums and bike trails and theaters and (c) In this section, the term ‘‘earmark’’ parking garages are because they help hearing on highway fatalities. We kill means a provision or report language pro- us politically. Or we can adopt this about 43,000 people a year on our high- viding, authorizing, or recommending a spe- amendment and send a message to the ways. We went back and asked the De- cific amount of discretionary budget author- American people that: We hear you, we partment of Transportation how many ity, credit authority, or other spending au- understand what you are saying, and people were actually killed on bridges, thority for a contract, loan, loan guarantee, we agree that your safety ought to out- either bridges that collapsed or bridges grant, loan authority, or other expenditure that were too narrow. Over a 5-year pe- with or to an entity, or targeted to a specific perform and be above our political ne- cessities and our directed spending. riod, it came out to about 400. We kill State, locality or Congressional district, 400 people a year on bridges, and rough- other than through a statutory or adminis- This does not limit any directed trative formula-driven or competitive award spending for any of these bridges or ly 43,000 on highways. Why is this important? As the occu- process. any of the Federal highways that will pant of the chair, my colleague from Mr. COBURN. Mr. President, what move them to good or acceptable. So in Missouri, knows, we have done a study does this amendment do? This amend- terms of transportation, it will not of what causes highway fatalities. Our ment does not get rid of earmarks. eliminate anything that is important Missouri Department of Transpor- What this amendment does is it delays to our safety, important to repairing tation has estimated that approxi- earmarks. What it says is that for all the infrastructure in this country. mately one-third of the deaths on our the earmarks we have had, both au- The third action that can be taken highways are caused by inadequate thorized and through the appropria- on this amendment is that we can pass highways, outmoded, old-fashioned tions process, unless they are going to this amendment, and because it is not highways. We have two-lane highways liked, it will get trashed in conference. build and fix structurally deficient that are carrying traffic that should be So we can all look good by voting for bridges in this country, or they are on four lanes. Those two-lane traffic this amendment, but if we do not insist going to improve a highway that brings jams get people to take unnecessary on this amendment when we get to it up to standards, that makes it safe, chances. we ought to delay the implementation conference, we will have winked and When we are talking about the prob- of those earmarks until we have solved nodded to the American people again. lems of safety, we cannot forget the this problem. We would have brought our numbers fact that the biggest safety dangers are How many more bridges have to col- down by not paying attention to what the inadequate highways and not just lapse until we get the message? How their concerns are. And, most impor- the bridges. In our State, the depart- many more people have to die until we tantly, we will keep American drivers ment of transportation has embarked get the message? The Minnesota bridge and pedestrians and passengers at risk. on an ambitious program to bring 800 that collapsed was noticed in 1990 as I hope the chair and ranking member bridges up to standards, and every de- being structurally deficient. In 1999, will agree to this amendment, will ac- partment of transportation in this Na- the State department of transportation cept it, and fight for it in conference. I tion realizes they have bridge prob- in Minnesota said there needs to be a believe we should vote on this amend- lems, that they need to inspect them, priority on this bridge, and yet we did ment. This is an amendment we ought and, as I said yesterday, it is important not respond. to have a vote on in the Senate. I be- that we find out what caused this par- The earmark that should have been lieve it is about time we start getting ticular collapse. Were the inspections made was for the repairs for that our priorities right. adequate? Was the design adequate? bridge, and yet they were not made. I yield the floor for the present time Were there unusual loads that were put This amendment is very simple. I and wish to speak on this amendment on the bridge? These are the kinds of know it goes against the grain of a lot later. issues we need to deal with imme- of the processes we use, but it makes The PRESIDING OFFICER (Mrs. diately. But we also have money going, common sense that if we are going to MCCASKILL). The Senator from Mis- under the bridge program, to States to forego another Minnesota tragedy, we souri. deal with these deficient bridges. have to change our priorities. Mr. BOND. Madam President, I al- Earmarks are not taking away All this amendment says is the prior- ways enjoy a discussion with our col- money from bridges. I can tell my col- ities ought to be the safety of the league and neighbor from the State of leagues about earmarks in the State of American people and quality so that Oklahoma. His comments that ear- Missouri. Every single earmark in our 13,000 people do not die this next year marks have caused bridge deficiencies State, everything that has been ear- on roads that are not within the qual- and tragedies is a bridge too far. I be- marked is on the State implementa- ity classified as ‘‘good’’ or ‘‘accept- lieve as well-intentioned as this tion plan. It is a priority, and most of able.’’ All we do is say let’s put our pri- amendment is, it fails to understand them are highly significant priorities ority where it needs to be right now. how the States go about rehabilitating for safety, whether it is bridges or Let’s set the priority for making sure their bridges and maintaining the highways. there is not another Minnesota. bridges in their States. I am not surprised that an executive My State leads the Nation in the per- There are many points I can make branch agency doesn’t like earmarks. centage of bridges that are classified as about this amendment, but I think it is Way, way a long time ago in the dim deficient. Oklahoma, as a State, has important to note that according to past, I was an executive, and I did not never received back what it has paid in the conditions and needs report of the like the legislative body exercising its to the transportation fund. As a matter Department of Transportation in 2006, power of the purse. As a matter of fact, of fact, there is over $1.8 million that we need to invest approximately $12.4 I had all kinds of problems when the we have paid in that we never received billion annually to eliminate the exist- General Assembly would pass some- back. But we have disproportionately ing backlog and correct other defi- thing, and I vetoed a couple of them.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11366 CONGRESSIONAL RECORD — SENATE September 11, 2007 So legislative earmarks are efforts to thorizing committee, but I would make isn’t horse-riding facilities in Virginia exercise the legitimate control over a couple of points. This year, the ap- or a snow mobile trail in Vermont. the purse and are always resisted by propriators will spend $188 billion ap- Madam President, I yield back and the executive. propriating money for something that hope to speak again on this amend- Let’s take a look at what happened has not been authorized. So you can ment. in last year’s Transportation appro- use that as a debate tool, but the fact The PRESIDING OFFICER. The Sen- priations bill. There was about $853 is, the authorizers have limited influ- ator from Washington. million worth of high-priority projects ence over the Appropriations Com- Mrs. MURRAY. Madam President, I that Members had asked for in their mittee because they will spend 20 per- have listened to the Senator from States and the bill contained. That bill cent of our discretionary budget on Oklahoma on the amendment he has never got to final passage. So the De- items that are not authorized by the offered, and I want to make a few com- partment of Transportation took that authorizing committees. ments. money. They took the money from The other point I would make is that I remind all of our colleagues that at high-priority projects all across the the Senator will get a chance to vote noon we are going to go to a moment of Nation and put it into something against bike paths because I have an- silence. Today is the 9/11 anniversary, called Urban Partners. They are going other amendment that eliminates fund- and it is a time we all want to pause to reduce congestion. In one city they ing for bike paths until we have re- for a minute to reflect on what has are going to use the money to start stored the bridges. This amendment happened over the last 6 years. Hope- having rush-hour traffic drive in break- cares for the roads that Senator BOND fully, I will be able to make a few re- down lanes. What happens when some- just made a point of. The fact is, this marks, and we will see if the Senator body breaks down in the breakdown amendment allows the money to bring from Oklahoma has any remaining lane? They have a tremendous jam. roads up to quality and safety stand- time, and then I can talk to my col- There are many things going on. ards. So it would not eliminate where league and we can set a time for this Oh, and by the way, under Urban the 13,000 people die in this country vote and then get to many of the other Partners, $853 million went to Miami, from unsafe and poor quality national issues that are pending now on this New York, Minneapolis, San Francisco, highways; it will, in fact, allow those bill. and Seattle. As far as Oklahoma, Mis- to happen. I want to remind all my colleagues souri, and other States, we were left What it would not allow is $600,000 to that we are trying to work to finish out. Frankly, I think I can do a better be spent on horse-riding facilities in this bill. Hopefully, we will get a path job of working with my colleagues to Virginia; a snow mobile trail in cleared for late tonight or to finish to- determine where some of that money Vermont of $5.9 million; parking for morrow morning. I remind everyone should go rather than what I think is a New York’s Harlem Hospital of $8 mil- that we are going to be finishing this not very well thought out Urban Part- lion; $532,000 for a bicycle and pedes- bill because of the Jewish holidays this ners program to just five cities. trian trail in Tennessee; a daycare cen- weekend. We are trying to work My colleague from Oklahoma says he ter and park and ride facility in Illi- through this in a very tight timeframe. really likes authorized projects. I have nois; dust control mitigation for rural We have a number of pending amend- been an authorizer, too, but the bridge Arkansas of $3 million; the National ments we want to work through. to nowhere, which gained such infamy, Packard Museum in Ohio, $2.75 million; But let me respond to the Senator was an authorized project. It was put in a historical pilot project in Washington from Oklahoma. He brings before the by the chairman of the conference for $200,000. I think we are going to Senate today his argument on funding committee on SAFETEA. Three have trouble convincing the American bridges within our Transportation bill, months later, the Transportation ap- people those things are a higher pri- and yesterday the Senate spoke out propriations bill that year ority than bridge safety in this coun- very strongly and acted very strongly unearmarked that earmark, and we are try. And that is just a small example of to address the needs of our deficient pleased to say that it is no longer fed- the congressionally directed spending bridges across the Nation. I spoke out erally earmarked. in this bill. on the floor yesterday about the num- I know our colleague from Oklahoma So I don’t deny that those may be ber of bridges that were deficient doesn’t like putting in money for bike priorities, but what I would state is across our country, the imperative paths. It may surprise him to know I they are lower priorities than safety on that we have in moving forward to am not a fan of that either. I voted our roads and rebuilding our bridges make sure that they are taken care of, against it. But it was in the authorized and making sure our highways are safe. and on a very strong bipartisan vote we bill. Yes, that is what the authorizers And I would wager that the vast pro- approved yesterday a $1 billion in- put in, $100 million to go to bike paths. portion of Americans, by far, would crease in Federal funding for bridges. I think bike paths have their place, but agree with that statement. We have That was, I remind everyone, a historic given the state of congestion on high- lost our way if, in fact, we are going to 25-percent increase in Federal bridge ways, I think with the danger on high- fund these things at the expense of not funding. ways and bridges, we probably should funding bridge repair in this country. That amendment won’t allow us, ob- not be putting $25 million there. But I think the projects that are funded, viously, to fix every deficient bridge, since the money was in there, I did, in many of them, a great many of them, but it is a historic increase, and it does the authorization project, get $25 mil- fit into the priorities of restoring set the priority of this bill in moving lion for bike paths, and that has been bridges and highways, but many don’t. forward to address this very critical spent. If the Senator from Oklahoma And the question around this amend- need that I share the concern of the wants to change that, I think we need ment is, Will we do that which is the Senator from Oklahoma about. We can- to change the underlying authoriza- highest priority for us? not, however, let all our other trans- tion, and I would certainly vote for It is kind of like the war. We are portation and all of our other housing that. spending about $8.5 billion a month. priorities be ignored to address the I think trying to blame earmarks on But whose money are we spending on bridge problem. deficient bridges is a bridge too far, the war? We are spending our children Yes, we are all very focused on what and I would urge my colleagues to op- and grandchildren’s money because happened because of Minnesota. But pose the Coburn amendment. every bit of it has been outside the having worked on this bill for a num- The PRESIDING OFFICER. The Sen- budget guidelines, so it goes straight to ber of years, and worked with my col- ator from Oklahoma. debt. The point is, we don’t have the league from Missouri, we have had Mr. COBURN. Madam President, I ap- money right now to do some of the hearings on safety and infrastructure preciate the words of Senator BOND, al- things we would like to do because we in this country that need to be ad- though I was misquoted. I don’t like should be doing the things that we dressed. The FAA needs to be ad- any earmark. need to do. And the things we need to dressed, we need to deal with our Na- I accept that authorized earmarks do should be the highest priority for tion’s highways, and there are a num- have, in fact, been reviewed by an au- the American people. That certainly ber of critical housing projects. We

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11367 have to balance all of those priorities, Senator from Oklahoma referred to come back here and fight for them. and I think we have done a very good today does refer to past practices of That is what we do. That is our job, job in this bill of doing that, and then this Congress. We came into session in and we are responsible for that. I take adding $1 billion yesterday to address January of this year understanding the a back seat to no one in working hard the bridge problem. need to take a look at our processes to represent the interests of my State. The long-term solution to our need within the appropriations. We under- Finally, Madam President, one other to address our underinvestment in in- stood the impact from past practices point. The Senator from Oklahoma frastructure is going to have to come that were under scrutiny, and we ad- said he only wants to see authorized about within the Transportation au- dressed them very clearly. funding being done. I would remind all thorization bill that will be debated This Congress has now sent a very my colleagues, if we move to that, the sometime in the future. My colleague, comprehensive ethics reform law to the State Department hasn’t been author- Senator BOND, has been a leader on President, and we are awaiting his sig- ized for years, the FAA authorization that committee, and we need to do a nature. That law includes some new will run out this year, the Older Ameri- thorough look at the revenues avail- procedures that require a great deal of cans Act, the No Child Left Behind able in the trust funds. We have talked clarity and transparency that have not Act—all extremely important business about that on this floor through our been required ever before in Congress. we need to accomplish. But if we move bill. We know that needs to be ad- But even before we sent that law to the to a point that says no money except dressed. We have talked to the Finance , the Appropriations Com- authorized, a number of critical pro- Committee. It does need to be ad- mittee, under the direction of our grams in this country will be subject to dressed and will be addressed with this chairman, Senator BYRD, and Ranking cutback. I don’t think that is what any Congress, and in the coming years. Member COCHRAN, said we are not of us intend to do. But I want to remind my colleagues going to wait for a law to be enacted. Madam President, we are moving that the vast majority of our transpor- We imposed new rules that require new rapidly to a very important moment in tation earmarks that are in this bill re- procedures under the ethics reform bill. the Senate, and I notice many of my quire a match, and not just a small And this bill, this Transportation bill, colleagues are coming to the floor match but an overmatch by local com- in working through our process, has di- right now. I ask that all of us listen to munities that have set the priorities rectly followed those new rules and the our majority leader at this point, and I for these projects and brought them to new rules of the ethics bill that have yield the floor. the attention of Members who have been sent to the President. The PRESIDING OFFICER. The ma- then brought them to us and to our Every Senator who asked for an ear- jority leader is recognized. Mr. REID. Madam President, in 10 committee. mark was required to certify that there As we move to a vote on the amend- was no pecuniary interest in their ear- seconds, I will ask that the Chair an- ment that has been offered by the Sen- mark request, and each and every one nounce the Senate will stand for a mo- ator from Oklahoma, I remind every- of those certifications is now available ment of silence. one that if it passes, it would have the for any Senator to look at on the Web f impact of bringing many of our multi- for review. Every earmark is identified COMMEMORATING THE SIXTH AN- billion-dollar projects to a complete with the Senator who requested it in NIVERSARY OF THE SEPTEMBER halt. His amendment would not just the CONGRESSIONAL RECORD. You can 11 ATTACK terminate highway projects, it would look on the Web site to see who is Mr. REID. Madam President, we will also stop major transit projects that there. So we are complying with what now begin a moment of silence hon- many Senators have come to our com- this Senate has said we need to do. oring the 9/11 victims and their fami- mittee and talked about. They are cur- I would also remind all of us that in lies. rently under construction, and we are addition to those reforms, Senator The PRESIDING OFFICER. Under funding them in the Federal Transit BOND and I worked to develop a new the previous order, the Senate will ob- Administration. These are projects procedure within the Transportation serve a moment of silence in com- that are working their way through the Housing Subcommittee, and under the memoration of the sixth anniversary of pipeline. If we were to wipe them out procedures we have established, each the September 11 attack. with this amendment, construction and every earmark has to be fully con- (Moment of silence) contracts across the country for these sistent with the mission of the Depart- The PRESIDING OFFICER. The ma- transit projects would be halted and ment of Transportation or the Depart- jority leader. cause a tremendous amount of difficul- ment of Housing and Urban Develop- Mr. REID. Madam President, 6 years ties and probably challenges within ment. So we recognized that past prac- ago today, 2,974 men, women, and chil- those contracts as well. tices have brought us to a point today dren became innocent victims to a Those contracts include the Jackson- where we have to fully look at each cowardice and hatred we will never un- ville Rapid Transit System in Florida, and every one of these earmarks. We derstand. I remember very clearly the Regional Rail Project in Pennsyl- make sure they are consistent with the watching from the windows of the Cap- vania, the South County Commuter funding requirements of that bill, and itol, S–219, as smoke billowed from the Rail, Wickford Junction Station in they are seeing the light of day, as we Pentagon in the clean morning air. Rhode Island, transit projects in Colo- will see today as we face a number of I remember the care taken amidst rado, Connecticut, Maryland, Min- amendments about them. the panic to ensure everyone was evac- nesota, New York, Virginia, another I want to make one final point before uated safely when word came of an- one in Virginia, Washington, Arizona, we move to this important moment of other airplane heading toward the U.S. California, Colorado, Illinois. silence that is going to occur, and that Capitol. I remember how our voices Madam President, I refer all of my is, the Senator from Oklahoma is es- joined to sing ‘‘God Bless America’’ on colleagues to the Transportation bill, sentially arguing that bureaucrats in the Capitol steps, which was our way of all of these projects that are now under Washington, DC, make every decision showing the country that its Govern- construction that have full funding about funding across the Nation. ment was still whole. grant agreements would be brought to Madam President, I know I go home But what I remember most was how a halt if this amendment were to pass. every weekend and I talk to commu- our Nation stood as one, in lines to So besides all the other arguments, I nity leaders, I talk to mayors, I talk to give blood, stretching long hours; the encourage Members to understand members of numerous community food and clothing banks overflowing what the impacts of this amendment projects, and I listen to what their with donations; contributions, finan- are should it pass on the Senate floor needs are. There is no bureaucrat in cial in nature pouring in, many giving today. any department of this United States more than they could afford to help Now, let me, before we go to a mo- Government in Washington, DC, who families who had literally lost every- ment of silence in just a minute, takes the time that most of us do to go thing. Madam President, remind my col- home and really understand what the As our country stood as one, the leagues that the IG report that the needs of our communities are and to world stood with us. The headline of

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11368 CONGRESSIONAL RECORD — SENATE September 11, 2007 one European newspaper read: ‘‘We are Many brave police officers, fire- ways to rescue some lasting good out all American.’’ fighters or emergency personnel of the evil of 9/11. On this anniversary, and all those to trained to respond to a threat or at- There were 3,000 innocent victims follow, we must never forget the inno- tack work in Kentucky towns such as from more than 150 nations who died in cent lives we lost that day or the bur- Murray, Morgantown or Mayfield. New York, at , and the den we bear for the freedom we cherish. Today, we pay tribute to these brave field in Pennsylvania. Jeff Mladenik, a Yet we must always remember the end- Americans who do not often get the husband and father of four from less well of compassion and rejection of headlines. They are the unsung heroes. Hinsdale, IL, outside Chicago, had just despair that followed. These past 6 When the call goes forth to towns such been named interim CEO of a new e- years we have faced great challenges. as Somerset, Sandy Hook or Sac- commerce company. But he had an- But though our scars will never fully ramento, KY, they answer. Today, we other job that meant more to him. He heal, our spirit will never be broken. honor their sacrifice and service most worked as an assistant pastor at his We are all American. of all. church in Oak Brook. He was on Amer- The PRESIDING OFFICER. The Re- It remains this Congress’s job to pro- ican Airlines Flight 11, the plane that publican leader. vide the troops with everything they struck the first tower; one of nine men Mr. MCCONNELL. Madam President, need to complete their mission. I know and women from Illinois who died on today marks 6 years since September all of my colleagues are equally dedi- 9/11. 11, 2001, the day when al-Qaida terror- cated to making sure that happens. After Mladenik’s death, his parents ists unleashed an unprovoked and vi- Six years after the September 11 at- told a reporter: cious attack on the American people. tacks, we can say proudly the terror- I can guarantee that Jeff would tell us that The Senate remembers and honors ists failed. Terrorists may have dev- hatred and bitterness must not have the last the innocent victims of that attack astated two buildings and damaged the word. and stands in support of their families Pentagon, but they did not dent Amer- One of America’s first memorials to and communities. Six years later, their ica’s resolve. the victims of 9/11 was a tiny, little healing continues. While they lashed out to cause death makeshift memorial created by a Our enemies hoped September 11 and destruction, we fight for freedom. woman in Shanksville, PA, in her own would burn as a day America would Freedom is our greatest strength. No front yard weeks after the attacks. never forget, and it certainly has. But terrorist attack will ever diminish Within days, the first tribute arrived, the terrorists hoped today would mark that. a bouquet of flowers. Next to it was a an anniversary of fear and doubt. I yield the floor. note that read: Today is a day of sadness, yes, but also The PRESIDING OFFICER. The ma- Thanks for saving our lives—the Capitol of resolve, strength, and renewed pur- jority whip. employees. pose. Mr. DURBIN. Madam President, 1 We who are privileged to work in this We remember the kind-heartedness year from today, the first of America’s building have a special obligation to of America that was on display then, three official 9/11 memorials will be work together to prevent the next at- when millions of volunteers gave their dedicated at the Pentagon. It will fea- tack and remember the heroes who time, money, and strength of heart to ture 184 stainless steel benches, each saved our lives on 9/11. people in need. surrounded by a pool of water; one Six years after that date, America is We honor our Armed Forces, brave bench for each of the 184 innocent vic- safer, but we need to do more. We need men and women who fight under our tims who died in the Pentagon and on to listen carefully and follow the rec- flag. They fight on because the war the plane that struck it 6 years ago ommendations of the 9/11 Commission. goes on. Recent arrests in Germany, today. We have passed important legislation halting what was to be a devastating This morning on the front page of this year to move in that direction. We terrorist attack against American and ‘‘The Washington Post’’ there is a need also make sure that as a sign of German targets in that country, are story about a small company of master respect, we remember those who have proof this war is not over, that now is metalworkers who are finishing these given their lives on that sad day. not the time to let down our guard or benches, grinding and polishing them, As a sign of respect, I would like to revert to a pre-9/11 approach to the transforming them into perfectly uni- read the names of the eight other Illi- world. form, flawlessly smooth memorials. noisans who died in the terrorist at- We know the war goes on by listening The company is called Bucthel Metal tacks on September 11, 2001. to the words of our enemies. Osama bin Finishing Company. It is located out- Kathy Bantis, Andrea Haberman, Su- Laden’s recently released remarks are side Chicago. They do work all over the zanne Kondratenko, Darya Lin and Sue more of the same, threats of death and United States. The owner of Bucthel Sauer, all from Chicago; and Robert destruction, intended to sow fear in Metal Finishing is Abe Yousif. Mr. Rasmussen, from Hinsdale, were all in America. Yousif is an Iraqi immigrant who left meetings in the Twin Towers when the German Chancellor Angela Merkel his homeland in 1978, months before planes hit. showed her understanding of the strug- the start of the Iraq-Iran war. He has CDR Dan Shanower, of Naperville, a gle that still lies ahead when she said never been back. Navy intelligence officer, had just sat of Germany’s foiled terror plot: All 24 of Yousif’s employees are also down at his desk after briefing his ad- The lesson from this is the danger is not immigrants, from Mexico, Bosnia, and miral on the World Trade Center at- just abstract, it’s real. many other nations. For Abe Yousif tacks when the third plane smashed Real danger struck America 6 years and each of his employees, polishing into the Pentagon. He died there, along ago. International terrorists had been those benches for the Pentagon memo- with Navy Reserve LCDR Patrick Mur- at war against us long before that. But rial has become a deeply personal mis- phy, who grew up in Flossmoor, IL. unlike previous attacks, 9/11 spurred sion. As ‘‘The Washington Post’’ de- We remember them today, along with America to take the war to them. By scribes it: Jeff Mladenik, also of Hinsdale, and all going on the offense, we are winning of the nearly 3,000 innocent victims If he can make the benches perfect, he be- the war on terrorism. Today we are lieves he will help others to heal. If he can who died on September 11, 2001. We also safer at home and have gone 6 years make the metal shine brilliantly, they will remember those they have left behind, without another attack. feel hope. He wants people to run their fin- and those who still suffer today. May So today we also honor the efforts of gers along the steel and find, in its clean, im- they, and we, continue to heal and find Americans across the land who are maculate smoothness, something affirming, peace. working to keep us safe. Many of them redeeming even, on a site now scarred by The PRESIDING OFFICER. The Sen- are here in the District of Columbia, murder and death. ator from New Jersey. but not all of them. When one of my Today on the sixth anniversary of Mr. LAUTENBERG. Madam Presi- Kentucky constituents dials 911, he is the terrorist attacks on our Nation, dent, I speak today as a Senator from more likely to be calling someone in many Americans in Illinois and across New Jersey, the State that lost 700 of West Liberty than in Washington. our Nation are searching for their own its residents including those who were

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11369 at work that day at the World Trade ers who would be listening: This can’t quent, heartfelt words. We share a re- Center. be happening. The United States? In gion. We shared the tragedy of that day I remember when President Roo- America? Taking down the Twin Tow- as Senators doing our best in a very sevelt in 1941 pronounced December 7 ers that were monuments to commerce, troubled time. We continue to share it as the ‘‘day of infamy,’’ and once energy, and vitality. now in our mutual desire to keep our again, we see a moment in time, a mo- I was on a trip to the Middle East, region safe from terrorism in terms of ment of infamy, evil beyond com- and it included a stop in Israel, at the homeland security. prehension, because the events of this moment the tragedy hit. I saw tears I was at the Ground Zero site early day changed the way people live on flowing down the faces of people from this morning and before the ceremony this Earth. this tiny country, crying for America, of commemoration began mingled with The Twin Towers were far more than pleading for some understanding that some of the families of the victims. the sum of their steel and concrete would help relieve the pain. There is nothing more heartfelt than parts. The towers that I knew very well Like Pearl Harbor 60 years ago, 9/11 seeing these fine people, average folks were cities, essentially, in the sky. changed the world. It changed the from every different background, pro- Fifty thousand people worked in those world, the way we see it, the way we fession, ethnic, religious, economic towers, more people than the popu- see ourselves, constantly having to level, holding pictures in their laps, lation of many of our Nation’s commu- produce identification cards, waiting in often young men, young women in nities. lines to be examined by security, thou- their prime, in the beginning and beau- In many cases, those 50,000 men and sands and thousands of people. Our own ty of their lives. Their parents are women spent as much time in the tow- Homeland Security Department has holding the pictures. Husbands are ers as they did at home, from New 180,000 people focused primarily on try- holding pictures of wives; wives hold- York and New Jersey, and from other ing to protect this homeland of ours ing pictures of husbands; children hold- States throughout the country, from from other violent moments with ter- ing pictures of their dads. There is small families and big families, from rorism. We have to live differently. We nothing more touching and more mean- every walk and stage of life. must live with more vigilance. We live ingful than going over and looking at On that autumn morning 6 years ago, knowing that evil is omnipresent. We the faces of these fine people. All they they awoke and began moving to the know we are fighting a ruthless enemy, have to hold are the pictures and the rhythm of the day, drawn to the Trade one whose frontline is our homefront, memories of the people whose lives Center just as normal, just like the one that brings war to the innocent. were snuffed out. This happened in so days and the years before. Only this We are constantly on the watch in many instances, close to 3,000 in- day was different. This day became an New Jersey. The stretch between Port stances, each one a family member, a epoch moment in the history of man, Newark, our harbor, and Newark Lib- friend, a business associate—gone, and this day terror would no longer be a erty International Airport, is defined gone for the most irrational and hate- thing that would be in distant places, by the FBI as the most dangerous 2- ful reasons. not be a thing of memory or talk. Ter- mile stretch in the country, the most We fought many wars before, but ror was about to become real. most of them were about things we Three thousand people, spouses with inviting for a terrorist attack. We are could maybe not agree with but under- no mates, children without a parent, constantly on guard. We are constantly stand—a desire for territory, religious siblings, and treasured friends, gone. concerned. Something happened that They live on only in our memory. day when 19 madmen set out to destroy domination, righting a wrong. No, this Seven hundred of the almost 3,000 peo- America. We didn’t bend. We promised war—aimed at the innocent, aimed at ple who perished were from my State of to search for those who orchestrated civilians, aimed at average Ameri- New Jersey. Thirty-seven of them came the terrible acts. We are still looking cans—had an irrational hatred to it from a single town in New Jersey, Mid- for them. We must continue to do so. that is hard to comprehend. We do re- dletown. In 2003, I helped dedicate a But we will always remember those member. One of the family members memorial garden in their honor. Tears who fell that day. Their loss binds our attached this ribbon to my lapel. Of were still flowing. Firefighters, police Nation. course, I wear this flag which I put on officers, and first responders died with- We stand together as one in our fight September 12, 2001. Every day I wear a in the towers, as they fought valiantly against terror, and we will, on this day suit or a sport jacket, I have this flag to save people they never knew and of remembrance, always remember on, the same one I put on my lapel never saw. what happened. We can’t forget. They then in hope and memory of those who I had the privilege of serving as a are honored with vigils and candles, were missing, because we didn’t know commissioner of the Port Authority in with that light serving as beacons of how many had died. I wear it every day New York and New Jersey for 4 years hope and barriers against fear. to think of those who were lost and before I came to the Senate. I got to In Bayonne, NJ, we remember those what we lost and what their families know the corridors of traffic and en- who perished with a monument, and we lost and what our country lost. God ergy contained in those buildings. I see these memorial sites across our re- willing, I will wear it every day for the also got to know many of the terrific gion. In Hoboken, there is a park with rest of my life to remember them. people who filled the jobs that enabled ginkgo trees whose longevity reflects Today we do remember. We remem- the Port Authority to provide the crit- the enduring spirit of the victims. ber Ground Zero. We remember here on ical services it offered to our region. From one county in New Jersey, Ber- the Senate floor. And most of all, we The Port Authority lost 84 staff gen County, 135 lost their lives. remember in countless homes through- members on 9/11, including 37 brave po- It can’t just be a memorial. America out the country, throughout the lice officers who gave their lives as has to rebuild its spirit. The world has world—most of them concentrated in they attempted to help others immo- to fight against terror. We know this New York and New Jersey—as people bilized by the catastrophe. I knew morning a ceremony at the site of the remember those who were taken from many others who worked for firms World Trade Center took place with a them. housed in the Twin Towers who per- commitment to rebuild. We want that There is not much to say about such ished that day. In one firm, Cantor to happen. It is critical for our spirit a mindless act of evil cruelty with al- Fitzgerald, I knew people very well, that we show that America is trying its most no goal other than frightening and they lost 700 that single day at best to bring peace to the country, to people. But one thing we assure the their firm alone, many with young bring back civilization as we knew it, terrorists together: Regardless of our families just beginning. They had and we hope that will take place. political views, we are not frightened. young kids and they had lives with I yield the floor. We are hurt; we are saddened; some- great possibilities ahead of them, The PRESIDING OFFICER. The Sen- times we feel lost. But we are not ended abruptly, brutalized in that ter- ator from New York. frightened. They have strengthened our rible moment. Mr. SCHUMER. Madam President, I resolve—our resolve to win the war on People stared aghast at the tele- thank my friend and colleague from terror, do it the smart and rational vision and said to themselves and oth- New Jersey for his outstandingly elo- way, don’t do it in a mean, evil way

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11370 CONGRESSIONAL RECORD — SENATE September 11, 2007 like the means used by the terrorists. Mr. SMITH. Madam President, I rise Mr. BUNNING. Mr. President, I wish But we will prevail. We will rebuild today in remembrance of the 2,974 to speak, yes. buildings at Ground Zero. We will re- Americans who lost their lives on Sep- Mrs. MURRAY. Mr. President, I will build the network—slowly, but surely— tember 11, 2001. They were family, yield for the Senator from Kentucky to that protects us at home. We will re- friends, and neighbors going about speak for a few minutes, and then I will build the strength of America abroad their everyday lives. They were airline come back, and we will try to get to fight terrorism and adapt. And we passengers, office workers, emergency unanimous consent, again, to set the will prevail. But we will also never for- personnel, and public servants. They vote at 4 o’clock. get, never forget those people, some of were men, women, and children of I remind all Members of the Senate whom were friends of mine, a guy I every age and color. Yet they were tar- on both sides that the majority leader played basketball with as a kid in high geted all the same, as citizens of a na- has asked us to finish this Transpor- school, a firefighter from the neighbor- tion upholding the principles of free- tation/Housing bill by tonight. We are hood in which I was raised, a business- dom and personal liberty. We did not going to be here late. Members do need man, very successful, who helped me on invite this extreme act of violence, nor to get their amendments to the floor, my way up—we will never forget them, will we soon forget the heroes who gave get them offered. We will work our way never. We will resolve that their mem- their lives that day. My prayers are through them. But it is imperative we ory will importune us to be better as with their families and the survivors of understand from everyone as soon as individuals and as a nation. this unprovoked, cold-blooded attack. possible what business they need us to Mr. DOMENICI. Madam President. I Many brave Americans fought back accomplish. Again, we expect to finish would like to take a few moments to that Tuesday morning, and many oth- this bill by tonight. remember the Americans who were ers have continued the fight these last The PRESIDING OFFICER. The Sen- killed in the terrorist attacks of Sep- 6 years. The United States has not suf- ator from Kentucky. tember 11, 2001. fered another 9/11 because we have pur- Mr. BUNNING. Mr. President, I am In the 6 years since terrorists carried dismayed at the lack of consideration out the September 11 attacks, our Na- sued al-Qaida on our terms, attacking them where they plan and train before given to Senator CORNYN’s resolution tion has not forgotten the innocent on General Petraeus and the troops. I Americans who were killed, one of they can reach us at home. Many Or- condemn the comments made by the whom was Al Marchand from egonians have paid the ultimate price Democrats concerning our commander Alamogordo, NM, a flight attendant on to protect their friends, family and in Iraq, General Petraeus. The ven- United Airlines flight 175 and one of country. For them, America is eter- detta against our military must stop. the first casualties on this horrific day. nally grateful. It sickens me to hear the comments Neither have we forgotten the heroic September 11 exposed the vulnerabil- some Democrats are making against policemen and firefighters who lost ity of free societies to acts of ter- General Petraeus. By attacking his their lives trying to save fellow Ameri- rorism. In response, Congress acted to character and reputation, these Demo- cans or our brave men and women in improve our intelligence gathering and crats are attacking all our men and uniform who have served their country law enforcement agencies. These im- women in the military. On behalf of all in the war on terror. I do not believe provements have protected this coun- these proud men and women who sac- Americans will ever cease to remember try from further attacks. Today, we rifice their lives every day for our Na- the shock and sadness we all felt that are better prepared to face this ideo- day. logical battle of the 21st century, but tion, I am here to say these actions and September 11 also serves as a re- we must never become complacent. accusations have no place in public dis- minder that there are many in this As today’s ceremonies commemorate course. world who would harm us and that we those fallen in New York City, the Pen- Americans do not attack the char- must remain vigilant. In the last 6 tagon, and Pennsylvania, may we also acter of those who risk their lives to years we have made great progress in remember those Americans on the bat- protect us. The lies, deceit, and making sure America is secure and I tlefield fighting to protect us back at disinformation the Democratic propa- am proud of the contribution many of home. Their courage and dedication ganda machines are feeding to the my fellow citizens from New Mexico testifies to the endurance of free men American people must stop. have made to strengthen our defenses against all adversaries. God bless lib- To suggest that our troops and Gen- against terrorist attack. The men and erty and all those devoted to its preser- eral Petraeus are motivated by politics women at Sandia and Los Alamos Na- vation. rather than patriotism and love of our country is wrong. It diminishes the tional Laboratories have worked hard f to develop many of the technologies sacrifice each of them makes and their RECESS that now help us detect terrorist families have made in Iraq, Afghani- threats. Many members of the New The PRESIDING OFFICER. Under stan, and many other places around the Mexico National Guard have been de- the previous order, the Senate stands world. ployed to Iraq, Afghanistan, and the in recess until the hour of 2:15 p.m. These attacks are made by some of global war on terror as well as many Thereupon, at 12:25 p.m., the Senate the same people who voted on January active duty members of the Armed recessed until 2:15 p.m. and reassem- 26—this year—to unanimously confirm Forces who are stationed in or are from bled when called to order by the Pre- General Petraeus. New Mexico. All these service men and siding Officer (Mr. CARPER). At this time, Mr. President, I ask women are doing a fantastic job and we f unanimous consent to have printed in the RECORD rollcall vote No. 33. should not forget to thank them for DEPARTMENTS OF TRANSPOR- their service and the scarifies they There being no objection, the mate- TATION, HOUSING AND URBAN rial was ordered to be printed in the have made to keep us safe. DEVELOPMENT, AND RELATED Although the Islamic extremists be- RECORD, as follows: AGENCIES APPROPRIATIONS hind the attacks sought to break our U.S. SENATE ROLL CALL VOTES 110TH ACT, 2008—Continued will and erode our freedom, they were CONGRESS—1ST SESSION unsuccessful on both fronts. Our lib- The PRESIDING OFFICER. The Sen- As compiled through Senate LIS by the Sen- erty is dearer to us now, and we are re- ator from Washington. ate Bill Clerk under the direction of the minded of that each day, as our nation Mrs. MURRAY. Mr. President, I am Secretary of the Senate continues the war against terror that going to shortly ask for unanimous VOTE SUMMARY these terrorists began 6 years ago. consent in order to set up the next vote Question: On the Nomination (Confirma- I hope New Mexicans will take a mo- at 4 o’clock. I am waiting for the rank- tion Lt. Gen. David H. Petraeus, U.S. Army, ment today to reflect on the tragedy of ing member to return. He should be to be General) 9/11, the Americans who lost their lives here shortly. Vote Number: 33. Required For Majority: 1⁄2. and the loved ones they left behind and I see a Senator on the floor. If I could Nomination Number: PN178. pay tribute to the individuals who ask the Senator from Kentucky, does Nomination Description: Lt. Gen. David H. serve and defend us today. he wish to request time to speak? Petraeus, in the Army, to be General.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11371 Vote Counts: Yeas, 81; Nays, 0; Not Voting, Pryor (D-AR) Sessions (R-AL) Vitter (R-LA) Oregon: Smith (R–OR), Not Voting; Wyden 19. Reed (D-RI) Shelby (R-AL) Voinovich (R- (D–OR), Yea. Reid (D-NV) Snowe (R-ME) OH) Pennsylvania: Casey (D–PA), Yea; Specter Vote Date: January 26, 2007, 09:45 a.m. Rockefeller (D- Specter (R-PA) Warner (R-VA) Vote Result: Nomination Confirmed. WV) Stabenow (D-MI) Webb (D-VA) . (R–PA), Yea. Rhode Island: Reed (D–RI), Yea; White- Alphabetical by Senator Name Salazar (D-CO) Sununu (R-NH) Whitehouse (D- Sanders (I-VT) Tester (D-MT) RI) house (D–RI), Yea. Akaka (D–HI), Domenici (R– McCaskill (D– Schumer (D-NY) Thune (R-SD) Wyden (D-OR) South Carolina: DeMint (R–SC), Yea; Gra- Yea NM), Yea MO), Yea ham (R–SC), Not Voting. Not Voting—19 Alexander (R– Dorgan (D–ND), McConnell (R– South Dakota: Johnson (D–SD), Not Vot- KY), Yea TN), Yea Not Voting Boxer (D-CA) Graham (R-SC) Martinez (R-FL) ing; Thune (R–SD), Yea. Allard (R–CO), Durbin (D–IL), Menendez (D– Cantwell (D-WA) Inouye (D-HI) McCain (R-AZ) Tennessee: Alexander (R–TN), Yea; Corker Yea Yea NJ), Yea Chambliss (R- Johnson (D-SD) Roberts (R-KS) (R–TN), Yea. Baucus (D–MT), Ensign (R–NV), Mikulski (D– GA) Kerry (D-MA) Smith (R-OR) MD), Yea Texas: Cornyn (R–TX), Yea; Hutchison (R– Yea Yea Coburn (R-OK) Kyl (R-AZ) Stevens (R-AK) Murkowski (R– Bayh (D–IN), Yea Enzi (R–WY), Craig (R-ID) Leahy (D-VT) Thomas (R-WY) TX), Yea. Bennett (R–UT), Yea AK), Yea Dorgan (D-ND) Lott (R-MS) Utah: Bennett (R–UT), Yea; Hatch (R–UT), Yea Feingold (D–WI), Murray (D–WA), Yea. Biden (D–DE), Yea Yea Grouped by Home State Nelson (D–FL), Vermont: Leahy (D–VT), Not Voting; Sand- Yea Feinstein (D– Alabama: Sessions (R-AL), Yea; Shelby (R- ers (I–VT), Yea. Bingaman (D– CA), Yea Yea AL), Yea. Virginia: Warner (R–VA), Yea; Webb (D– NM), Yea Graham (R–SC), Nelson (D–NE), Alaska: Murkowski (R-AK), Yea; Stevens Yea VA), Yea. Bond (R–MO), Not Voting (R-AK), Not Voting. Obama (D–IL), Washington: Cantwell (D–WA), Not Voting; Yea Grassley (R–IA), Arizona: Kyl (R-AZ), Not Voting; McCain Yea Murray (D–WA), Yea. Boxer (D–CA), Yea (R-AZ), Not Voting. Not Voting Gregg (R–NH), Pryor (D–AR), West Virginia: Byrd (D–WV), Yea; Rocke- Yea Arkansas: Lincoln (D-AR), Yea; Pryor (D- Brown (D–OH), Yea feller (D–WV), Yea. Yea Hagel (R–NE), Reed (D–RI), Yea AR), Yea. Reid (D–NV), Yea California: Boxer (D-CA), Not Voting; Fein- Wisconsin: Feingold (D–WI), Yea; Kohl (D– Brownback (R– Yea WI), Yea. KS), Yea Harkin (D–IA), Roberts (R–KS), stein (D-CA), Yea. Bunning (R–KY), Yea Not Voting Colorado: Allard (R-CO), Yea; Salazar (D- Wyoming: Enzi (R–WY), Yea; Thomas (R– Rockefeller (D– Yea Hatch (R–UT), WY), Not Voting. WV), Yea CO), Yea. Burr (R–NC), Yea Yea Salazar (D–CO), Connecticut Dodd (D-CT), Yea; Lieberman Mr. BUNNING. You will notice on Byrd (D–WV), Hutchison (R– Yea (CT), Yea. this vote that not one Senator—not Yea TX), Yea Sanders (I–VT), Delaware: Biden (D-DE), Yea; Carper (D- Cantwell (D– Inhofe (R–OK), one—voted against General Petraeus. Yea DE), Yea. WA), Not Yea Schumer (D–NY), During the debate on his confirmation, Voting Inouye (D–HI), Florida: Martinez (R-FL), Not Voting; Nel- Yea no one questioned his integrity or abil- Cardin (D–MD), Not Voting son (D-FL), Yea. Sessions (R–AL), Yea Isakson (R–GA), Georgia: Chambliss (R-GA), Not Voting; ity to complete his mission—a mission Yea Carper (D–DE), Yea Isakson (R-GA), Yea. the Senate gave him by confirming Shelby (R–AL), Yea Johnson (D–SD), Yea Hawaii: Akaka (D-HI), Yea; Inouye (D-HI), him. And now, nearly 9 months later, Casey (D–PA), Not Voting Smith (R–OR), Not Voting. how do we greet him when he comes Yea Kennedy (D–MA), Not Voting Idaho: Craig (R-ID), Not Voting; Crapo (R- Chambliss (R– Yea back to deliver a progress report on Snowe (R–ME), ID), Yea. Iraq that we requested, the Democrats, GA), Not Kerry (D–MA), Yea Illinois: Durbin (D-IL), Yea; Obama (D-IL), Voting Not Voting Specter (R–PA), Yea. also, in Congress requested? Instead of Clinton (D–NY), Klobuchar (D– Yea thanking him for his sacrifices and lis- Yea MN), Yea Indiana: Bayh (D-IN), Yea; Lugar (R-IN), Stabenow (D– Yea. tening to him deliver his report, many Coburn (R–OK), Kohl (D–WI), Yea MI), Yea Not Voting Kyl (R–AZ), Not Stevens (R–AK), Iowa: Grassley (R-IA), Yea; Harkin (D-IA), Democrats who voted to confirm him Cochran (R–MS), Voting Not Voting Yea. are either attacking his personal char- Yea Landrieu (D–LA), Sununu (R–NH), Kansas: Brownback (R-KS), Yea; Roberts Coleman (R–MN), Yea acter or not defending him from a per- Yea (R-KS), Not Voting. sonal smear attack by their allies at Yea Lautenberg (D– Tester (D–MT), Kentucky: Bunning (R-KY), Yea; McCon- Collins (R–ME), NJ), Yea Yea nell (R-KY), Yea. MoveOn.org. I cannot believe this slan- Yea Leahy (D–VT), Thomas (R–WY), Louisiana: Landrieu (D-LA), Yea; Vitter derous campaign started before they Conrad (D–ND), Not Voting Not Voting (R-LA), Yea. even heard one word of General Yea Levin (D–MI), Thune (R–SD), Corker (R–TN), Yea Yea Maine: Collins (R-ME), Yea; Snowe (R-ME), Petraeus’s report. Yea Lieberman (ID– Vitter (R–LA), Yea. I read a quote from an anonymous Cornyn (R–TX), CT), Yea Yea Maryland: Cardin (D-MD), Yea; Mikulski Democratic Senator in the Politico Yea Lincoln (D–AR), Voinovich (R– (D-MD), Yea. newspaper this morning. I want to Craig (R–ID), Not Yea OH), Yea Massachusetts: Kennedy (D-MA), Yea; Voting Lott (R–MS), Not Warner (R–VA), Kerry (D-MA), Not Voting. share it with this body today. This Crapo (R–ID), Voting Yea Michigan: Levin (D-MI), Yea; Stabenow (D- Democrat, who did not want to give his Yea Lugar (R–IN), Webb (D–VA), MI), Yea. or her name, made the following state- DeMint (R–SC), Yea Yea Yea Martinez (R–FL), Whitehouse (D– Minnesota: Coleman (R-MN), Yea; Klo- ment: Dodd (D–CT), Not Voting RI), Yea buchar (D-MN), Yea. No one wants to call [Petraeus] a liar on Yea McCain (R–AZ), Wyden (D–OR), Mississippi: Cochran (R–MS), Yea; Lott (R– national [television]. The expectation is that Dole (R–NC), Yea Not Voting Yea MS), Not Voting. the outside groups will do this for us. Missouri: Bond (R–MO), Yea; McCaskill (D– Grouped by Vote Position MO), Yea. I do not even know where to begin to YEAs—81 Montana: Baucus (D–MT), Yea; Tester (D– describe my disgust with that one. It Akaka (D-HI) Collins (R-ME) Kennedy (D-MA) MT), Yea. shows that the attack on General Alexander (R- Conrad (D-ND) Klobuchar (D- Nebraska: Hagel (R–NE), Yea; Nelson (D– Petraeus is a coordinated attack by TN) Corker (R-TN) MN) NE), Yea. MoveOn and its allies. Allard (R-CO) Cornyn (R-TX) Kohl (D-WI) Nevada: Ensign (R–NV), Yea; Reid (D–NV), Baucus (D-MT) Crapo (R-ID) Landrieu (D-LA) Yea. Here is just some of what my Demo- Bayh (D-IN) DeMint (R-SC) Lautenberg (D- New Hampshire: Gregg (R–NH), Yea; cratic colleagues have been saying: Bennett (R-UT) Dodd (D-CT) NJ) Sununu (R–NH), Yea. I don’t think General Petraeus has an inde- Biden (D-DE) Dole (R-NC) Levin (D-MI) New Jersey: Lautenberg (D–NJ), Yea; pendent view. Bingaman (D- Domenici (R-NM) Lieberman (CT) Menendez (D–NJ), Yea. NM) Durbin (D-IL) Lincoln (D-AR) Here is another one: New Mexico: Bingaman (D–NM), Yea; Bond (R-MO) Ensign (R-NV) Lugar (R-IN) At the end of the day, these are not totally Brown (D-OH) Enzi (R-WY) McCaskill (D- Domenici (R–NM), Yea. Brownback (R- Feingold (D-WI) MO) New York: Clinton (D–NY), Yea; Schumer independent free agents. They are an append- KS) Feinstein (D-CA) McConnell (R- (D–NY), Yea. age of the administration. Bunning (R-KY) Grassley (R-IA) KY) North Carolina: Burr (R–NC), Yea; Dole (R– And another: Burr (R-NC) Gregg (R-NH) Menendez (D-NJ) NC), Yea. Byrd (D-WV) Hagel (R-NE) Mikulski (D-MD) The fact that there are questions about North Dakota: Conrad (D–ND) Yea; Dorgan General Petraeus’ report is not surprising. Cardin (D-MD) Harkin (D-IA) Murkowski (R- (D–ND), Not Voting. Carper (D-DE) Hatch (R-UT) AK) . . . By the general’s admission, the so-called Ohio: Brown (D–OH), Yea; Voinovich (R– Casey (D-PA) Hutchison (R- Murray (D-WA) surge has not achieved its goal. . . . Clinton (D-NY) TX) Nelson (D-FL) OH), Yea. Cochran (R-MS) Inhofe (R-OK) Nelson (D-NE) Oklahoma: Coburn (R–OK), Not Voting; Wrong. I cannot believe these false Coleman (R-MN) Isakson (R-GA) Obama (D-IL) Inhofe (R–OK), Yea. statements have been made on the

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11372 CONGRESSIONAL RECORD — SENATE September 11, 2007 floor of this Senate. It is outrageous to Just yesterday, a poll by the same programs. The majority leader has in- condemn a unanimously confirmed New York Times reported that 68 per- structed us to finish this bill by to- general and question his patriotism for cent of Americans trust the military night. We have a number of amend- this country simply for political sake. commanders more than the Democratic ments before us that we need to work I know many of my friends on the Congress when it comes to Iraq policy. through. Therefore, I will object, and I other side of the aisle are good, decent The American public supports our mili- remind all Senators that next week, in people. But I have to say, I am amazed tary. It is time for Congress to echo just a few short days, we will be mov- that more of them have not denounced this support. ing to the Defense authorization bill this kind of smear campaign. Yesterday, in my office, I had the op- and a debate on Iraq with numerous op- The folks from MoveOn accuse Gen- portunity to sit down one on one with portunities for Senators to bring for- eral Petraeus of ‘‘cooking the books.’’ a young, brave Kentuckian who had ward issues relating to that. So I will Is this because his counterinsurgency just returned from a long deployment object at this time. operation and the surge in Iraq are in one of Iraq’s hotspots. At the end of The PRESIDING OFFICER. Objec- seemingly having positive results? our visit, he turned to me and made tion is heard. Democrats are talking out of both one request. He asked for Congress to Mrs. MURRAY. Mr. President, I sug- sides of their mouths, and it is time for support the troops. gest the absence of a quorum. them to stop talking and start listen- How can we expect General Petraeus The PRESIDING OFFICER. The ing. Instead of taking political advice and our troops to successfully complete clerk will call the roll. from leftwing activist groups, Demo- their mission when we keep attacking The assistant legislative clerk pro- crats should actually take time to lis- them and threatening to cut off their ceeded to call the roll. ten to General Petraeus’s report. funds? I promised this young man my Mr. CARPER. Madam President, I I cannot tell you how disgusted I was support and will continue to do all I ask unanimous consent that the order to see the full-page ad yesterday in the can to support our troops. for the quorum call be rescinded. New York Times—which cost $167,000; As we find ourselves 6 years from this The PRESIDING OFFICER (Mrs. that is what it cost—questioning the tragic event, this terrorist event that MURRAY). Without objection, it is so character of a four-star general who occurred on September 11, 2001, we ordered. only 9 months ago had the support of must not forget there are those out Mr. CARPER. Madam President, I this entire body. there who still want to harm us. The feel compelled to respond to the com- These tactics are insulting and freedoms we enjoy daily are protected ments of my colleague and friend from should be condemned. In my book, the by the brave men and women who serve Kentucky. There are hundreds, lit- people who resort to this type of below- in our Armed Forces, including General erally hundreds of organizations the-belt mudslinging are no patriots. Petraeus and the young man with throughout the country that are loose- I happen to know General Petraeus. ly supportive of the Republican Party, He is a good friend of mine and a good whom I visited in my office yesterday. To all of those who suggest General just as there are hundreds of organiza- friend of the Commonwealth of Ken- Petraeus should be called ‘‘General Be- tions in this country that are loosely tucky from his days as the com- supportive of the Democratic Party. If manding officer of the 101st Airborne tray Us,’’ I have a message for you: one of those Republican organizations Division. He is a brave patriot of the You are the ones betraying our troops makes a particular charge or assertion, highest moral character and has made and the American people. You are giv- that does not mean that every Member immeasurable sacrifices for our coun- ing aid and comfort to our enemies. We of the U.S. Senate or the House, Repub- try. He has spent the last 4 years de- used to try people who did this as trai- lican in nature, or the administration ployed from his home, from his family tors. believes or agrees with that assertion and his loved ones, overseas serving Just 5 months ago, the Senate Demo- any more than one should believe that this great Nation. Three of these years cratic majority leader was quoted as he has spent in Iraq, where he has saying: an assertion—in this case by an adver- worked tirelessly to build security and No one wants us to succeed in Iraq more tisement paid for by MoveOn.org—is stability throughout the country. His than Democrats. reflective of the views of all of us. It is efforts are seeing positive results. Well, I say to my friend, the majority not. I found the advertisement dis- To suggest he is driven more by poli- leader, stand by your words. Let’s focus tasteful, disappointing, and, frankly, tics than by his love of our country on succeeding in Iraq and for once show not reflective of the views I hold and I may possibly be the lowest political at- a united support for our troops. suspect the views that almost every- tack I have ever seen in my time in the Every night, my wife Mary and I body in the Senate, Democrat or Re- Congress. In the 4 years I have known take about 10 minutes at 9 p.m. and say publican, holds. him, not once did General Petraeus prayers for our troops and pray for the I don’t know General Petraeus well, bring up politics—not once. I have no safety and security of our Nation. I but I do know him to be a decent and idea what he is—whether he is a Demo- suggest to all who are listening and honorable person, a good leader; some- crat or a Republican. In all of our dis- who are in this body to do likewise. one who has given really the majority cussions, including the hour I spent Maybe Democrats should take a mo- of his life to serve the people of our with him alone in my office before he ment of silence and stop criticizing our country, sometimes in dangerous and left for Iraq to implement the surge, I commanders and troops. harmful situations; someone who is do not believe the word ‘‘Democrat’’ or Mr. President, I ask unanimous con- willing to spend not just months but ‘‘Republican’’ was ever used. What I do sent that at a time determined by the years away, separated from his family, know is he is a great patriot. He does two leaders today, the Senate proceed in support of our country and serving not deserve to come home to be greeted to a vote on the adoption of the Cornyn as he has pledged to do, as he has sworn by personal political attacks, espe- resolution, the text of which is the to do. He is someone who, in my own cially by the very Democrats who exact language of the amendment experience with him, is a straight asked him to come home and give us which Senator CORNYN offered this shooter. He calls them like he sees this report 9 months ago. morning. Further, I ask consent that if them. He gives us the good, the bad, Let me be clear to my Democratic the resolution is agreed to, the pre- and the ugly. He did 2 months ago when colleagues: Using leftwing attack amble be agreed to and the motion to several of us were over in Iraq and met groups such as MoveOn to discredit reconsider be laid upon the table. with him and Ambassador Crocker. General Petraeus—these are the worst The PRESIDING OFFICER. Is there I wish to speak for a moment as a of the worst. Any politician willing to objection? veteran, a Vietnam veteran. My friend, sacrifice the long-term security of the Mrs. MURRAY. Mr. President, as Senator BUNNING, talked about the United States in an attempt to salvage Members know, we are currently debat- question of the lack of respect and sup- a short-term political career is beyond ing the Transportation and Housing ap- port our troops receive maybe from deplorable. I will not stand for it. Our propriations bill that funds incredibly those of us on this side of the aisle. I military will not stand for it. And the important infrastructure, from air- couldn’t disagree more. I remember American public will not stand for it. ports to highways to bridges to housing what it was like 30, 35 years ago when

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11373 those of us who served overseas in an they are going to have a country. We Mr. BOND. I move to lay that motion even less popular war in Southeast have been very forthright in telling on the table. Asia, the lack of support we received, them again and again and again. My The motion to lay on the table was not so much from the Congress but hope is that they begin to listen. If agreed to. from the American people. That was they do, then all of the sacrifice, the AMENDMENT NO. 2799 then. This is now. I think as a nation lives, the injuries, the money we have Mrs. MURRAY. Mr. President, I call we learned a lot from the way we treat- spent will not have been in vain—will up amendment No. 2799 on behalf of ed veterans back at the end—during not have been in vain. If they don’t Senator OBAMA and ask for its imme- and at the end of the Vietnam war. We take advantage of the opportunities diate consideration. have vowed not to make that same they have now and in the months The PRESIDING OFFICER. The mistake. There is great support and af- ahead, they will have squandered this clerk will report. fection for our troops, the men and opportunity because the American peo- The assistant legislative clerk read women who serve in the Army, Navy, ple, as generous as we are, as sup- as follows: Air Force and Marines, as great now as portive as we are of democracies here I have ever seen it. and around the world, we are not going The Senator from Washington [Mrs. MUR- While not everybody supports the RAY], for Mr. OBAMA, proposes an amendment to stand by forever and give up our own numbered 2799. war this administration has gotten us lives—the welcoming back of the dead, into, we support our troops. We pro- to care for those who have been The amendment is as follows: vided money again and again and maimed—we are not going to do this (Purpose: To provide that none of the funds again. The Presiding Officer has led the forever. There is a limited period of appropriated or otherwise made available fight to make sure we not only provide time. by this Act may be used to enter into a contract in an amount greater than our troops with what they need in Iraq Back to General Petraeus, basically or in Afghanistan but to make sure the $5,000,000 or to award a grant in excess of what he has said—and I heard him say such amount unless the prospective con- Veterans’ Administration has the it as recently as today—is the Iraqis tractor or grantee makes certain certifi- money it needs to meet the needs of have an opportunity to save their cations regarding Federal tax liability) our veterans when they come back to country. We can’t do it for them. We At the appropriate place, insert the fol- us harmed, injured, and in some cases can help provide an environment where lowing: maimed for life. I am one of those who they can make those tough decisions. SEC. ll. None of the funds appropriated come here—and I know many others— We are endeavoring to do that. We can or otherwise made available by this Act may who come here to work together, and I open the door; they have to walk be used to enter into a contract in an want us to get things done. through it. My hope is that they will. amount greater than $5,000,000 or to award a General Petraeus, when he has talked I yield the floor and note the absence grant in excess of such amount unless the to me—and I have heard him testify, prospective contractor or grantee certifies in of a quorum. writing to the agency awarding the contract and he is literally testifying again The PRESIDING OFFICER. The today on the Senate side—what he has or grant that the contractor or grantee has clerk will call the roll. filed all Federal tax returns required during said over and over again is there is not The assistant legislative clerk pro- the three years preceding the certification, going to be a military victory, defini- ceeded to call the roll. has not been convicted of a criminal offense tive military victory in Iraq as we Mrs. MURRAY. Mr. President, I ask under the Internal Revenue Code of 1986, and would think of having occurred in unanimous consent that the order for has not been notified of any unpaid Federal other wars we have fought. The victory the quorum call be rescinded. tax assessment for which the liability re- is going to be a political victory, if mains unsatisfied unless the assessment is The PRESIDING OFFICER (Mr. CAR- the subject of an installment agreement or there is to be one, and my earnest hope PER). Without objection, it is so or- is that there will be one. In part, what offer in compromise that has been approved dered. by the Internal Revenue Service and is not the surge is about is to provide a space Mrs. MURRAY. Mr. President, I ask in default or the assessment is the subject of for the Iraqi political leaders to make unanimous consent to set aside the a non-frivolous administrative or judicial ap- some tough decisions they have been pending amendment. peal. unwilling—unable to make for the last The PRESIDING OFFICER. Is there Mrs. MURRAY. Mr. President, this 2 years. How are they going to divvy up objection? amendment has been cleared on both and share their oil revenue? The poten- Without objection, it is so ordered. sides. tial is enormous. How are they going to AMENDMENT NO. 2794 Mr. BOND. It is cleared on this side. share power among the different fac- Mrs. MURRAY. Mr. President, I call The PRESIDING OFFICER. The tions? What will they give the up amendment No. 2794 on behalf of question is on agreeing to the amend- Baathists, the civilian arm of Sadam’s Senator BINGAMAN and ask for its im- ment. regime? What role will they have in mediate consideration. The amendment (No. 2799) was agreed terms of helping the country go for- The PRESIDING OFFICER. The to. ward? Are they going to have elec- clerk will report. Mrs. MURRAY. Mr. President, I tions? Are they going to amend their The assistant legislative clerk read move to reconsider the vote. Constitution, as they promised to do 2 as follows: years ago, to protect minority rights? Mr. BOND. I move to lay that motion Those are things the Iraqis need to do. The Senator from Washington [Mrs. MUR- on the table. RAY], for Mr. BINGAMAN, proposes an amend- The motion to lay on the table was Those are tough decisions they need to ment numbered 2794. make. They have been unwilling to agreed to. make them. We are providing for them, The amendment is as follows: AMENDMENT NO. 2823 hopefully, a greater calm, a little bit (Purpose: To make a technical correction) Mrs. MURRAY. Mr. President, I call less hostility in which they can meet On page 55, line 13, strike ‘‘106–49’’ and in- up amendment No. 2823 on behalf of and deliberate and hopefully reach sert ‘‘106–69’’. Senators SCHUMER, CLINTON, MENEN- some kind of consensus. That is what Mrs. MURRAY. That amendment has DEZ, LIEBERMAN, LAUTENBERG, and we are endeavoring to do. been cleared on both sides. I know of DODD. One of the roles for us here in the no further debate on this amendment. The PRESIDING OFFICER. The Congress is we play an oversight role, Mr. BOND. We have nothing on this clerk will report. overseeing the administration’s con- side. The assistant legislative clerk read duct of the war after getting us into The PRESIDING OFFICER. The as follows: this war. That is appropriate, and that question is on agreeing to the amend- The Senator from Washington [Mrs. MUR- is our constitutional responsibility. We ment. RAY], for Mrs. CLINTON for herself, Mr. SCHU- also have the responsibility and an op- The amendment (No. 2794) was agreed MER, Mr. MENENDEZ, Mr. LIEBERMAN, Mr. portunity to try to put pressure—hope- to. LAUTENBERG, and Mr. DODD, proposes amend- fully in a positive way—on the Iraqi Mrs. MURRAY. Mr. President, I ment numbered 2823. leaders to do what they need to do if move to reconsider the vote. The amendment is as follows:

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11374 CONGRESSIONAL RECORD — SENATE September 11, 2007 (Purpose: To require a report on plans to al- retary shall also take appropriate steps to ical to us. You can disagree with the leviate congestion and flight delays in the ensure that project-based contracts remain policies on Iraq—and I have a lot of New York/New Jersey/Philadelphia Air- in effect prior to foreclosure, subject to the reservations about them, especially my space) exercise of contractual abatement remedies severe concerns about what is hap- On page 147, between lines 8 and 9, insert to assist relocation of tenants for imminent major threats to health and safety. After dis- pening with the Government of Iraq in the following: both the area of creating a coalition SEC. 414. Not later than 120 days after the position of any multifamily property de- date of the enactment of this Act, the Sec- scribed under this section, the contract and government and stability, and specifi- retary of Transportation shall submit to the allowable rent levels on such properties shall cally in the area of corruption. Committee on Appropriations of the Senate, be subject to the requirements under section But what you cannot argue with and the Committee on Appropriations of the 524 of MAHRAA. what should not occur is to say to our House of Representatives, the Committee on Mrs. MURRAY. Mr. President, this troops who are out there every day fac- Commerce, Science, and Transportation of amendment has been cleared on both ing danger and, obviously, a lethal the Senate, and the Committee on Transpor- sides. threat, that we do not support them. tation and Infrastructure of the House of Mr. BOND. There is no objection on Yet when you impugn in such a gratu- Representatives, a report detailing how the Federal Aviation Administration plans to al- this side. itous and vicious way the integrity of leviate air congestion and flight delays in The PRESIDING OFFICER. The their commander in the field, you the New York/New Jersey/Philadelphia Air- question is on agreeing to the amend- clearly impugn the troops in the field space by August 31, 2008. ment. also. It is wrong, and it should not be Mrs. MURRAY. Mr. President, this The amendment (No. 2803) was agreed tolerated. amendment has been cleared on both to. General Petraeus has a record which sides. I know of no further debate. Mrs. MURRAY. Mr. President, I is extraordinary. He has dedicated al- Mr. BOND. There is no further debate move to reconsider the vote. most four decades, I believe, to the on this side. Mr. BOND. I move to lay that motion military service of this country. He has The PRESIDING OFFICER. The on the table. received the Bronze Star, along with question is on agreeing to the amend- The motion to lay on the table was innumerable other decorations. He ment. agreed to. commanded the 101st Airborne. He has The amendment (No. 2823) was agreed Mrs. MURRAY. Mr. President, with been to Iraq on three tours and spent to. that, we have now cleared several the last 4 years overseas away from his Mrs. MURRAY. Mr. President, I amendments. We are again, for the in- family. He has put in place an initia- move to reconsider the vote. formation of all Senators, working to tive in Iraq which he generally be- Mr. BOND. I move to lay that motion come up with a time agreement. We ex- lieves, as his testimony has shown both on the table. pect to have a vote in a little more yesterday and today before the House The motion to lay on the table was than an hour, as soon as it has been and the Senate, is making progress in a agreed to. cleared on the Republican side. number of critical areas relative to the AMENDMENT NO. 2803 Again, we are going to finish this bill war on the ground, relative to fighting Mrs. MURRAY. Mr. President, I call tonight. All Members need to get their the Islamic terrorists who wish to do up amendment No. 2803 on behalf of amendments to the floor, and we will us harm. Senator SCHUMER. work our way through as many as pos- Yet before he even got to the Senate The PRESIDING OFFICER. The sible. It will be a late night. It will be or to the House to testify and make his clerk will report. less of a late night the sooner we get case as to why he felt his policy, the The assistant legislative clerk read amendments to the floor. policy he is pursuing as the general in as follows: I suggest the absence of a quorum. command, is the correct policy and The PRESIDING OFFICER. The should be sustained, before that could The Senator from Washington [Mrs. MUR- RAY], for Mr. SCHUMER, proposes an amend- clerk will call the roll. even occur, his character was attacked ment numbered 2803. The assistant legislative clerk pro- in the most vicious way by people who The amendment is as follows: ceeded to call the roll. oppose the war. Mr. GREGG. Mr. President, I ask Opposing the war is a legitimate po- (Purpose: To clarify how the Secretary of Housing and Urban Development shall unanimous consent that the order for sition. There are very strong argu- manage and dispose of multifamily prop- the quorum call be rescinded. ments in that area. I do not happen to erties owned by the Secretary) The PRESIDING OFFICER. Without agree with many of them, but I respect On page 131, strike lines 5 through 20, and objection, it is so ordered. those arguments when they are made insert the following: Mr. GREGG. Mr. President, I rise to substantively and appropriately. But SEC. 220. Notwithstanding any other provi- address this issue now because, as I un- when an organization, such as sion of law, in fiscal year 2008, in managing derstand, there is a bit of a lull here. I MoveOn.org, which is a national orga- and disposing of any multifamily property congratulate the managers for wanting nization of dramatic influence, steps that is owned or has a mortgage held by the to get the bill completed. out and runs a full-page ad at the cost Secretary of Housing and Urban Develop- I want to continue this discussion of $160,000 in the New York Times ment, the Secretary shall maintain any rent- that has been going forward today on al assistance payments under section 8 of the which has as its title, ‘‘Is he General United States Housing Act of 1937 and other the treatment of General Petraeus by Petraeus or General Betray Us,’’ that programs that are attached to any dwelling the group MoveOn.org relative to the is an inexcusable, vicious and petty act units in the property. To the extent the Sec- advertisement they ran, which has and not becoming of our society and a retary determines, in consultation with the been shown on the floor a number of democracy generally. tenants and the local government, that such times, which referred to him as ‘‘Gen- The other side of the aisle—and I a multifamily property owned or held by the eral Betray Us.’’ I think it was a des- have the greatest respect for Members Secretary is not feasible for continued rental picable act. I think it crosses the line, on the other side of the aisle relative assistance payments under such section 8 or where someone who has dedicated his to their commitment on this issue—the other programs, based on consideration of (1) the costs of rehabilitating and operating the life to defending this Nation would be other side of the aisle said: It is not us property and all available Federal, State, subjected to this type of a personal as- doing this. Let’s remember that and local resources, including rent adjust- sassination, personality assassination, MoveOn.org identifies with and openly ments under section 524 of the Multifamily character assassination. It is totally claims to be a major player in the cau- Assisted Housing Reform and Affordability inappropriate. cus of the Democratic Party. In fact, Act of 1997 (‘‘MAHRAA’’) and (2) environ- The troops serving us in Iraq are this weekend in the New York Times, mental conditions that cannot be remedied doing so because they believe unalter- the lead spokesman for MoveOn.org in a cost-effective fashion, the Secretary ably in the cause of America. They be- said—and I paraphrase here—but he may, in consultation with the tenants of that property, contract for project-based lieve what this Nation stands for is said: I meet regularly with the Demo- rental assistance payments with an owner or good and right. They are putting their cratic leaders of the Senate, and I talk owners of other existing housing properties, lives on the line to make sure we can almost daily to the Democratic staff of or provide other rental assistance. The Sec- maintain the freedoms that are so crit- the Democratic leaders of the Senate.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11375 Earlier in the year, MoveOn.org—and are majority committees, committees The PRESIDING OFFICER. Without I believe it was the same individual, where the majority is controlled by the objection, it is so ordered. and I again paraphrase—said of the Democratic leadership of the Congress. The amendment, as modified, is as Democratic Party: We bought it, it is Yet before he gets here to testify be- follows: ours, we are going to dominate it. I see fore those committees, there is a clear On page 20, between lines 13 and 14, insert in New Hampshire that MoveOn.org is attempt to discredit him personally be- the following: being one of the most aggressive arms cause they do not like the message. So I–35W BRIDGE REPAIR AND RECONSTRUCTION of the Democratic Party in our State. instead of attacking the message, they For necessary expenses to carry out the They are the ones carrying the mes- decided to kill the messenger or at- project for repair and reconstruction of the sage relative to the war, relative to the tempt to at least undermine the mes- Interstate I–35W bridge located in Min- neapolis, Minnesota, that collapsed on Au- Democratic leadership in our State, senger. That is the goal of this ad, gust 1, 2007, as authorized under section 1(c) that is for sure. nothing more than a petty attempt to of Public Law 110–56 (121 Stat. 558), up to So I think this attempt now to step basically undermine the message Gen- $195,000,000, as otherwise eligible under the away—the attempt isn’t even occur- eral Petraeus has to deliver: We are emergency relief program of the Department ring. But this statement by going to attack him who is the mes- of Transportation, to remain available until MoveOn.org, which is so over the top senger, which is gratuitous, inappro- expended, Provided, That that amount is des- and so outrageous and so inexcusable priate, inaccurate, unfair, and vicious, ignated as an emergency requirement pursu- in its treatment of an American soldier ant to section 204 of S. Con. Res. 21 (110th quite simply vicious, calling him ‘‘Gen- Congress): Provided further, That the Federal and the troops he commands, should be eral Betray Us.’’ share of the costs of any project funded using repudiated openly. It should be repudi- So if the majority party does not amounts made available under this section ated by this Senate because it is subscribe to this message, then they shall be 100 percent in accordance with sec- wrong. It is common decency that we should allow us to offer this resolution tion 1(b) of Public Law 110–56 (121 Stat. 558). should repudiate it. right now while he is in town, while he Mrs. MURRAY. Mr. President, I Yet we see on this floor that proce- is testifying before the Senate today would again notify Members that we dural mechanisms are being used to and before the House yesterday. They are likely going to have a vote here in protect MoveOn.org. That is what is should not ask us to wait until next about 35 minutes. We are working to- happening here. Rule XVI, a procedural week to correct this egregious act and ward an agreement on that. But I no- mechanism in this Senate, has been to go on record to repudiate this egre- tify Members to come to the floor for a used to keep a very reasonably innoc- gious act. They should not use a par- vote in a short while. uous sense of the Senate from being liamentary procedure to defend Mr. President, I suggest the absence brought forward to a vote. It doesn’t MoveOn.org. No, we should have a vote of a quorum. take very long to vote on something right now on this resolution, this sense The PRESIDING OFFICER. The such as this. We could set up a vote in of the Senate. clerk will call the roll. 10 minutes. So at this point, I ask unanimous The legislative clerk proceeded to What does this sense of the Senate, consent, Mr. President, that rule XVI call the roll. which is so inappropriate that it has to not apply to this sense of the Senate Mrs. MURRAY. I ask unanimous con- be knocked down by a procedural ac- and that a procedural attack on this sent that the order for the quorum call tion, say? It says: sense of the Senate not be in order. be rescinded. The PRESIDING OFFICER. Without (b) Sense of the Senate.—It is the sense of The PRESIDING OFFICER (Mr. objection, it is so ordered. the Senate— CASEY). Is there objection? Mrs. MURRAY. I ask unanimous con- (1) to reaffirm its support for all the men Mrs. MURRAY. Mr. President, I ob- sent that at 4:15, the Senate proceed to and women of the United States Armed ject. a vote on a motion to table the Coburn Forces, including General David H. Petraeus, Mr. GREGG. Mr. President, I further amendment No. 2810 and that Senator Commanding General, Multi-National ask unanimous consent that we imme- Force—Iraq; COBURN be allowed the last 10 minutes diately move to a vote on this resolu- (2) to strongly condemn any effort to at- prior to the vote in order to speak on tion stating we support General tack the honor and integrity of General his amendment. I further ask unani- Petraeus as general in the field, we Petraeus and all of the members of the mous consent to preclude any other United States Armed Forces; and support his men and women who are amendments prior to the Coburn (3) to specifically repudiate the unwar- fighting for us, and that we reject the ranted personal attacks on General Petraeus amendment. despicable ad of MoveOn.org. The PRESIDING OFFICER. Without by the liberal activist group MoveOn.org. The PRESIDING OFFICER. Is there I think it is No. 3 that must bother objection, it is so ordered. objection? Mrs. MURRAY. I suggest the absence my colleagues on the other side of the Mrs. MURRAY. Mr. President, I ob- of a quorum. aisle, which is causing us not to be able ject. The PRESIDING OFFICER. The to go to a vote on this amendment, The PRESIDING OFFICER. Objec- clerk will call the roll. that we would repudiate, probably from tion is heard. The legislative clerk proceeded to a financial standpoint, one of the big- Mr. GREGG. Mr. President, I regret call the roll. gest contributors to the efforts to fight the decision by the majority party to Ms. LANDRIEU. I ask unanimous the war and that organization, which not allow us to proceed in this manner, consent that the order for the quorum openly claims to essentially be an arm to help us give this good man his fair call be rescinded. of the Democratic Party, would be re- hearing. The PRESIDING OFFICER. Without pudiated on the Senate floor. But they I yield the floor and suggest the ab- objection, it is so ordered. deserve to be repudiated. sence of a quorum. AMENDMENT NO. 2795 Honestly, if an organization which The PRESIDING OFFICER. The Ms. LANDRIEU. I ask unanimous identified itself with the Republican clerk will call the roll. consent that the pending amendment Party—I cannot think of any that we The bill clerk proceeded to call the be set aside. I call up amendment No. have that has the type of money that roll. 2795 and ask for its immediate consid- MoveOn.org has because we don’t have Mrs. MURRAY. Mr. President, I ask eration. any George Soroses funding us or any unanimous consent that the order for The PRESIDING OFFICER. Without organization such as that, but if we did the quorum call be rescinded. objection, it is so ordered. The clerk have such an organization and they did The PRESIDING OFFICER. Without will report. something such as this, I would imme- objection, it is so ordered. The legislative clerk read as follows: diately want to repudiate it because AMENDMENT NO. 2816, AS MODIFIED The Senator from Louisiana [Ms. LAN- somebody of the character and com- Mrs. MURRAY. Mr. President, I ask DRIEU] proposes an amendment numbered mitment of General Petraeus does not unanimous consent that the Klobuchar 2795. deserve this attack. He came back to amendment be the pending amend- Ms. LANDRIEU. I ask unanimous testify because he was asked to come ment, and the amendment be modified consent that reading of the amendment back to testify by committees which with the changes that are at the desk. be dispensed with.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11376 CONGRESSIONAL RECORD — SENATE September 11, 2007 The PRESIDING OFFICER. Without While the country is used to dealing prior to Hurricane Katrina, the Hous- objection, it is so ordered. with hurricanes and we have all had ing Authority of New Orleans—HANO (Purpose: To provide funding for 3,000 units large ones and small ones and ferocious operated over 7,000 public housing of permanent supportive housing for home- ones and minor ones to deal with, we units, with about 5,100 units occupied. less, disabled, and elderly persons in the have never, at least in the last 100 These residents, just like renters and State of Louisiana, and for other purposes) years or so, dealt with the devastation homeowners, have a right to return On page 114, between lines 18 and 19, insert following the levee breaks and flooding home. We must provide them with the the following: and pumping systems that collapsed means and opportunity to do so. S. PERMANENT SUPPORTIVE HOUSING that should have worked. I tell people, 1668, which I have mentioned would For the provision of 3,000 units of perma- if they can just imagine what the Neth- provide the means and opportunity nent supportive housing as required under erlands would look like if the little guy necessary to make this happen. the Road Home Program of the Louisiana with his finger in the dike—if it didn’t I will not go into great detail on this Recovery Authority and approved by the work one day and the dike broke and legislation today but given its impor- Secretary of Housing and Urban Develop- the Netherlands basically went under- tance to my state, and the entire gulf ment, $70,000,000, of which $20,000,000 shall be water. It is a country, and it is much coast, let me summarize the main pro- for project-based vouchers under section smaller than the United States. In fact, visions in this bill. First, this bill sets 8(o)(13) of the United States Housing Act of it would fit inside of Louisiana. But, out a process to allow New Orleans 1937 (42 U.S.C. 1437f(o)(13)), and $50,000,000 shall be for grants under the Shelter Plus nonetheless, it is a very powerful eco- area public housing residents to return Care Program as authorized under subtitle F nomic engine in Europe. To have that home. Next, it strikes a good balance of title IV of the McKinney-Vento Homeless dike and levee system fail and the ca- between the redevelopment priorities Assistance Act (42 U.S.C. 11403 et seq.): Pro- tastrophe that would result in large of HANO, developers, and public hous- vided, That the Secretary of Housing and measure is kind of what happened in ing residents to responsibly rebuild Urban Development shall, upon request, New Orleans and the region. better affordable housing units in New make funds available under this paragraph You can imagine the difficulty of re- Orleans. Lastly, this bill creates home to the State of Louisiana or its designee or building 200,000-plus residences, some ownership opportunities, spurs commu- designees: Provided further, That notwith- standing any other provision of law, for the individual, single-family, owner-occu- nity development, and gives a hand up purpose of administering the amounts pro- pied homes, some homes that were to community nonprofits. vided under this paragraph, the State of Lou- rented, nonsubsidized, and then the As evidence of the merits of this bill isiana or its designee or designees may act in rental subsidized sections of the city, and the balanced approach we have es- all respects as a public housing agency as de- public housing, affordable housing, tablished, I will ask that a copy of an fined in section 3(b)(6) of the United States workforce development housing—there August 27, 2007, Washington Post edi- Housing Act of 1937 (42 U.S.C. 1437a(b)(6)): are many words to describe these types torial be printed in the RECORD. This Provided further, That subparagraphs (B) and of housing. editorial clearly outlines the need for (D) of section 8(o)(13) of the United States I come to say that rebuilding this this legislation, how it will allow re- Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with respect to vouchers housing stock is quite a challenge for sponsible mixed-income development, made available under this paragraph: Pro- our delegation. Congress can provide and how if it is passed today, respon- vided further, That the amounts provided by vast amounts of tax credits, grants, sible developers could begin construc- this paragraph are designated as an emer- loans, and waivers but these benefits tion tomorrow if they meet require- gency requirement pursuant to section 204 of will not spur recovery if we cannot get ments in our bill. They are not burden- S. Con. Res. 21 (110th Congress), the concur- people back into their homes. That is some requirements, instead they ask rent resolution of the budget for fiscal year where recovery must start and end. For developers to consult with residents, 2008. example, in Louisiana alone we had ensure that when they tear down pub- Ms. LANDRIEU. Mr. President, I over 20,000 businesses destroyed. Busi- lic housing units that they are pro- thank the Senator from Washington ness cannot open their doors if their viding for sufficient replacement units for her leadership in managing this workers have nowhere to live. Lou- of affordable housing. Given that our bill. We have had many important isiana also had 875 schools destroyed. State has over 5,000 displaced public amendments discussed, and, of course, Again, teachers cannot come back to housing residents, thousands of people the Transportation and HUD appro- school and teach our children if they who were on the waiting list pre- priations bill is one of the most impor- do not have a roof over their heads. So Katrina to get into public housing, and tant of all of our appropriations bills. a fundamental piece of recovery in the a further 12,000 homeless individuals, I It covers all of our transportation in- gulf coast is to allow disaster victims do not feel this is unreasonable to re- frastructure, including mass-transit to return home and rebuild. quire that affordable housing stock be and housing initiatives and others. I The amendment I offer today for con- replaced, not lost, during this housing could not let this opportunity go by sideration—I thank Senator MURRAY crisis. without offering an amendment that is for being such an outstanding leader on I note that according to a June 2007 one important piece of an overall puz- previous appropriations bills to try to report by PolicyLink, a national re- zle for recovery in my State. It is my push this issue for additional funding search institute, rents have increased sincere hope that we can pass this and help—is specifically to com- as much as 40 to 200 percent since the amendment today, but if not, I am plement or parallel our efforts for help- storms, leaving few apartments afford- willing to work with the distinguished ing homeowners get back. There is a able to families making less than the chair and ranking member to incor- bill, S. 1668, the Gulf Coast Housing Re- area median income. That is why the porate this provision in the appropriate covery Act, which is coming through amendment I am discussing, and S. 1668 legislative vehicle. the Banking Committee which is going are so important. The amendment I We are still struggling, despite the to help our public housing residents offer today is included as an authoriza- wonderful amounts of money from vol- and workforce development housing. tion in S. 1668 and I would urge my unteers particularly and time from vol- This is because we lost thousands of Democratic and Republican colleagues unteers and appropriations that have units of public subsidized housing. I am to support this bill as I would ask their come from Congress to help rebuild pleased to work alongside Senate consideration of this amendment homes, we are still struggling from a Banking Committee Chairman CHRIS today. catastrophic flood in south Louisiana, DODD to hopefully secure a hearing on This amendment is an amendment primarily in southeast Louisiana in the this important bill in the coming which will help close the loophole for city of New Orleans, that region, St. weeks and to work with my colleagues the elderly, the disabled, and the home- Bernard Parish, Plaquemines Parish, to usher it out of committee as soon as less. In particular, there are a group of Orleans Parish, parts of Jefferson, and possible. people who are too frail or fragile to others. There was also tremendous In regards to this bill, I should note live on their own, yet they do not be- flooding in the southwest part of the that the recovery of public housing is long in a hospital. We have many peo- State caused by Hurricane Rita, which one area that has not received much ple—I am sure in the State of the Pre- came 4 weeks after Hurricane Katrina. national press attention, even though siding Officer, in Pennsylvania, and I

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11377 was in Philadelphia last night, a mag- making ends meet. This amendment Fischer and St. Thomas complexes, you’ll nificent city—I am sure you can think would provide $70 million for 3,000 units see the best in modern public housing. of many places in Philadelphia where of permanent supportive housing to as- Warehousing of the poor and marginalizing there are homes or apartments for dis- sist these at-risk residents. them from the larger community are out. Modeled on HOPE VI developments, these abled elderly, for adults who are not As I mentioned, I was able to put this are mixed-income neighborhoods of town- older but they are disabled through an in the Senate-passed version of the houses. The homes are spacious. The appli- accident or injury. They don’t belong emergency supplemental but, unfortu- ances are new. The sense of hopelessness in a hospital. They can’t be left alone. nately, it was taken out. Therefore, I that envelops Iberville, the one fully func- But it is sort of group housing, many am here to show my support for this tioning old-style public housing project, is times run by Catholic Charities. Some- proposal, to respectfully ask the chair- not present. times they are run by other nonprofit man and ranking member who are han- The U.S. Department of Housing and Urban organizations. We need that kind of Development wants to bring four other old dling this appropriations legislation to public housing estates into the modern era. housing desperately to help us get consider this important proposal again But a lawsuit by the Advancement Project, a back, to take care of the most fragile today. If it can’t be adopted by this Washington-based civil rights organization, people in our city who are still today body today, I would like to ask them has stopped HUD from doing so. The lawsuit without shelter. It would help those whether they would be supportive of accuses the agency of cleansing African most at-risk, and those who really need including this in the next supplemental Americans from New Orleans by keeping the the help most in my state. You can that comes before the Senate. I see the four public housing projects shuttered. It de- imagine the challenge to take care of chairman of the committee on the mands a right of return for all New Orleans public housing residents, and it demands this group under normal cir- floor. I would appreciate knowing if cumstances. But here we are, dealing that those families go back to the units they Senator MURRAY is supportive of this fled on Aug. 29, 2005. Until the case goes to with a catastrophe, trying to provide amendment. trial in November, those families will have housing for thousands of people now re- Mrs. MURRAY. Mr. President, the to wait. This is unconscionable. Yes, they turning to the city in a fragile situa- Senator from Louisiana has raised a should return. But they should return to tion. It is our obligation as a city, as a critically important issue with regard something much better than they left. State, and as a nation to help. So that to the need of the disabled and home- At least one developer, Enterprise Commu- is basically what my amendment does. less citizens in Katrina-impacted areas nity Partners, which has been chosen by HUD to redevelop the Lafitte project, has I note that the Senate has already she knows so well. We are going to be passed this amendment. It already committed to providing a new public housing developing a supplemental appropria- unit to every family that lived there before passed this body as part of H.R. 4939, tions bill in a very short time which we in what would become a mixed-income com- the emergency supplemental which was anticipate will include provisions as it munity. A bill sponsored by Sens. Chris- enacted last summer. However, much relates to Katrina. The Senator does topher J. Dodd (D–Conn.) and Mary Landrieu to my chagrin, and to those working on have my commitment that I will work (D–La.) would make what Enterprise is vol- this issue in my State, this important with her to see what we can do to ad- untarily doing the law. provision was taken out by the House Donna Davis, 52, has lived in the projects dress that critical need within the sup- since she was 9. The pride in her two-story in final negotiations on the supple- plemental. mental. So the Senate has already in townhouse in the new Fischer complex was AMENDMENT NO. 2795, WITHDRAWN plainly evident as she toured a visitor some measure passed this particular Ms. LANDRIEU. I thank the Senator around. When asked what she would say to proposal. I am offering and talking from Washington. people afraid of HUD’s redevelopment plans, about it today to ask the Senate to With that commitment and the op- Ms. Davis looked to her own experience. ‘‘We consider this 3,000 units of supportive portunity to speak on this important lived [in Fischer] and stayed there,’’ she said. ‘‘Now it’s time for us to grow and open housing for the elderly, the disabled, issue today—I know there are other and the homeless—the most fragile of up . . . to see how good we can all live.’’ If amendments that will be considered—I the Dodd-Landrieu bill passes, the Advance- our population. This is not necessarily am willing to withdraw my amendment the working population. These people ment Project should drop its lawsuit. Re- at this time and will offer it again at turning public housing residents deserve to can’t work. They are too old to work, an appropriate time. have Ms. Davis’s experience. they are too weak to work, or they are The PRESIDING OFFICER. The AMENDMENT NO. 2816 too sick. But it is, of course, our obli- amendment is withdrawn. The PRESIDING OFFICER. The Sen- gation to help provide them with per- Ms. LANDRIEU. I ask unanimous ator from Minnesota. manent and safe places to live. We all consent to have the previously men- Mr. COLEMAN. Mr. President, I ask have a percentage of the population. tioned article printed in the RECORD. unanimous consent that I be permitted No matter where you live, in the There being no objection, the mate- to display four charts during debate on Northwest or in the Northeast or in the rial was ordered to be printed in the the Klobuchar amendment. South, a percentage of the population RECORD, as follows: The PRESIDING OFFICER. Is there has been overlooked. [From the Washington Post, Aug. 27, 2007] objection? With this in mind, we have to fight HOME SWEET HOME Mrs. MURRAY. Mr. President, I have to get our homeowners back in their consulted with everyone. As much as I houses who are workers and business Public housing advocates are gearing up for a sit-in at the offices of the Housing Au- would like to comply with the Senator, owners and professionals and upwardly thority of New Orleans tomorrow. Their frus- if we make it four, it is going to be six, mobile middle-class individuals. We tration is understandable. Two years after it is going to be eight. I think we need have to fight hard to get our renters Hurricane Katrina scattered residents to to keep to it a modicum that works for back. Some renters are upwardly mo- communities outside the Crescent City, most all Senators. At this point, I apologize, bile and middle class, some very have yet to return home. But the protesters’ but I have to object. wealthy. They just choose not to own a goal of getting the displaced back into their The PRESIDING OFFICER. Objec- home. There is another group of rent- old units is wrong. While the historical sig- tion is heard. ers that are in subsidized rentals be- nificance of those structures is undeniable, so is their history of being forlorn concentra- Mr. COLEMAN. Mr. President, I rise cause they have to be because they are tions of poverty. in support of an amendment offered by working at minimum-wage jobs. There To tour the barracks-style apartment com- my colleague from Minnesota, Senator is a whole other group of people who plexes of New Orleans is to see the best and KLOBUCHAR, and myself. The amend- are neither homeowners, young and vi- worst of public housing. Because most of ment is only a few lines long, but it brant, in the middle class and younger, them were built in the 1940s, a walk into one truly embodies the Minnesota spirit of although they might have been at one of their cramped units is a walk back in perseverance and rebuilding in light of time. They are not in regular rental time. For instance, residents can’t run water enormous tragedy. units. They are the fragile population. in the bathtub and the bathroom sink at the Most of us in the North Star State same time. Warmth in the winter is provided We have virtually provided no addi- by space heaters. For the most part, the old won’t ever forget the tragic event that tional funding for them. That is what projects are cut off from the flow of the city befell our largest city on ‘‘eight one’’ my amendment attempts to do. People because the city’s streets don’t go through of this year. Just after 6 p.m. on that are living with relatives. People are them. Now, if you go to the redeveloped day, the main transportation artery in

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11378 CONGRESSIONAL RECORD — SENATE September 11, 2007 the heart of Minneapolis, the Inter- ahead with bid letting for the bridge Who knows when we will have another state 35W bridge, fell into the Mis- this week. I received a letter today chance to provide funding for this hor- sissippi River, killing 13 people and from Assistant Transportation Com- rible tragedy. wounding more than 100 others. The missioner Bob McFarlin from the Min- The time is now. We have a Transpor- images that began to appear on na- nesota Department of Transportation. tation appropriations bill before us tional news within minutes of the col- Mr. President, I ask unanimous con- with a transportation emergency in lapse are still too difficult to describe sent that letter be printed in the our backyard. I ask my colleagues to with words, and the view behind me RECORD. help us rebuild, to help us recover, and only begins to outline the magnitude There being no objection, the mate- to do so today for a brighter future and this disaster has had on the Twin Cit- rial was ordered to be printed in the a brighter tomorrow for the people of ies and our entire region. The pictures RECORD, as follows: Minneapolis and the people of Min- hardly describe the extent of the trag- MINNESOTA DEPARTMENT nesota, and, in fact, the people of the edy. OF TRANSPORTATION, entire region. As I mentioned on the floor of this Saint Paul, MN, September 11, 2007. I urge support for the Klobuchar- body when Senator KLOBUCHAR and I Hon. NORM COLEMAN, Coleman amendment. returned from surveying the damage of Russell Senate Office Building, Mr. President, I yield the floor and the bridge collapse firsthand within Washington, DC. suggest the absence of a quorum. hours of the tragedy, this area of the Hon. AMY KLOBUCHAR, The PRESIDING OFFICER (Mr. Hart Senate Office Building, CARDIN). The clerk will call the roll. Mississippi River is one of Minnesota’s Washington, DC. The legislative clerk proceeded to most historic. It was here that Father DEAR SENATOR COLEMAN & SENATOR Louis Hennepin named the falls of St. KLOBUCHER: On behalf of the Minnesota De- call the roll. Anthony, pictured behind me upstream partment of Transportation, I want to thank Mr. COBURN. Mr. President, I ask from the wreckage. You can also see you and Congress once again for the quick unanimous consent that the order for Cadwallader Washburn’s and Charles response in authorizing $250 million in emer- the quorum call be rescinded. Pillsbury’s flour mills that sprang up gency relief funding to help the state re- The PRESIDING OFFICER. Without along these falls, defining an era of spond to the I–35W bridge collapse. Congress objection, it is so ordered. and the entire federal government’s incred- growth in our State and earning Min- The Senator from Oklahoma is recog- ible response has greatly facilitated the abil- nized until 4:15. neapolis the title of ‘‘The mill city.’’ ity of the state to recover from this tragedy. These structures, these falls, and this Now the state is looking to Congress to AMENDMENT NO. 2810 river include so much of our State’s quickly appropriate the $250 million in emer- Mr. COBURN. Mr. President, we are history and identity, sitting on the gency funding. The Untied States Depart- going to be voting on an amendment headwaters of North America’s great- ment of Transportation has made available very soon, amendment No. 2810. The est waterway. This is truly the heart of $55 million of the $250 million which is help- whole point of this amendment is to re- the heartland. ing pay the initial costs of recovery, cleanup, order our priorities in terms of trans- As I said on August 2, when this traffic re-routing, and bridge replacement. portation. We have had significant de- However, this $55 million and the state’s bridge fell, part of our Minnesota iden- cash flow will likely be depleted by October bate on whether certain ongoing tity fell with it. Within 60 hours of the 2007. projects will be harmed. bridge’s collapse, we in the U.S. Senate The Minnesota Department of Transpor- We have seen a Department of Trans- took action and committed the nec- tation is proceeding with bid-letting for the portation inspector general’s report essary Federal resources to rebuild this bridge replacement on or about September that lists five problems with what is structure and to rebuild it quickly. I 19th with award by the end of September. happening right now. Basically, the thank my colleagues once again, as I Construction would commence in mid-Octo- conclusion of the report is earmarks thanked them before we adjourned for ber. are not the most effective or efficient If the $250 million in federal emergency re- use of funds—noncompetitively award- the August recess, for their commit- lief funding is not appropriated soon, the ment to the people of Minnesota and to state will be in a difficult financial situation ed transportation earmarks. reacting decisively when an emergency in trying to quickly replace this bridge and Let me say that again. Noncompeti- strikes in our Nation. keep other construction projects on sched- tively awarded transportation ear- The actions we took in this body be- ule. marks reduce funding for each indi- fore recess set out a blueprint for the Sincerely, vidual State’s core transportation future of the I–35W bridge and the en- BOB MCFARLIN, funding. They are not in unison with tire Twin Cities region. We provided Assistant to the Commissioner. DOT strategic research goals. As a authorization for emergency funding, Mr. COLEMAN. At the impressive matter of fact, the research institute $55 million of which was sent to the pace the Minnesota Department of has oftentimes gone around with ear- Minnesota Department of Transpor- Transportation is moving toward re- marks. They provide funds for projects tation almost immediately to begin re- building this essential structure, this that would otherwise be ineligible for construction of the bridge. We provided letter states the funding we have al- transportation funds. They disrupt the immediate assistance in transit fund- ready appropriated for reconstruction agency’s ability to fund programs as ing, including $5 million to assist the will likely run out by the middle of Oc- designated when authorized funding Twin Cities in their most immediate tober, thwarting the otherwise amaz- amounts are exceeded by what they transportation needs including detours ing progress we are making in recovery call overearmarking. That is the tech- and temporary busing, and other Fed- from this horrible tragedy. nique where we put in an earmark, con- eral resources, such as Navy dive teams The Minnesota Department of Trans- gressionally directed spending, but we used to recover bodies under conditions portation will in all likelihood receive do not put enough money in to pay for in which there was no visibility, with funding someday from the Federal Gov- that congressional spending, so that current, twisted metal, steel, and con- ernment to complete reconstruction of excess money goes against the rest of crete. Without these resources, we this bridge. That is not at question. We the transportation priorities. Then, fi- would not have been able to move so authorized that funding before we ad- nally, many low priority earmarked quickly to bring some measure of clo- journed. What the amendment before projects are being funded over higher sure to families who have suffered so us would do is simply expedite receipt priority nonearmarked projects. much. of this funding so the State can con- This is a simple amendment that Regional transportation administra- tinue its reconstruction process on this says we are not going to spend money tors descended upon the Twin Cities. critical project. We all know it is not on earmarks unless they are for roads Across the board, we reacted in a way easy to pass a bill around here. The and bridges at this time. It does not that showed we were there to help and people of Minneapolis and the Twin stop earmarks; it just slows them down assist in recovery and in rebuilding. Cities are still dealing with an emer- and says: Whoa. This is a lower pri- That was a good thing. But while these gency, and they need emergency fund- ority than what we are doing. efforts were an important start, the ing now. The reconstruction of the In this bill are over 500 earmarks bridge rebuilding process is steaming bridge stops when the money runs out. that come right now to $2.8 billion. Mr.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11379 President, $2.8 billion would go a long DEPARTMENT OF TRANSPORTATION, DOT program authorizations, SAFETEA–LU way in terms of fixing the tremendous OFFICE OF INSPECTOR GENERAL, is a multi-year (5 years—from FY 2005 to FY number of bridges that are structurally Washington, DC, September 7, 2007. 2009) authorization with specified percent- Hon. TOM COBURN, ages of appropriated funds authorized each deficient in this country. That is just Ranking Member, Subcommittee on Federal Fi- year for the given agencies, programs, and with the National Highway System. nancial Management, Government Informa- activities. That does not have anything to do with tion, Federal Services, and International Se- In August 2006, Senator COBURN—then State transportation highways. curity, Committee on Homeland Security Chairman of the Senate Subcommittee on and Governmental Affairs, U.S. Senate, Federal Financial Management, Government The real question for this body—and Washington, DC. Information, Federal Services, and Inter- there have been many claims made DEAR SENATOR COBURN: We have enclosed national Security—requested that we con- against this amendment. No. 1, this the results of our review of congressional duct an independent analysis of the cost, amendment will not lessen the amount earmarks within Department of Transpor- oversight, and impact of congressional ear- of money that goes to State transpor- tation (DOT) programs, which we conducted marks. As Senator COBURN requested, we de- fined an earmark as a provision of law, direc- tation departments. That money can in response to your request. Specifically, you asked that we conduct an independent anal- tive, or an item represented in any table, be rerouted so certain things such as ysis of the cost, oversight, and impact of chart, or text contained within a joint ex- transit initiatives will not have to congressional earmarks for the most recent planatory statement or a report accom- stop. But what it will say is, the Sen- fiscal year. panying an appropriations or authorization ate is on record for saying the highest We determined the total number and dollar bill that identifies an entity, a program, amount of congressional earmarks within project, or service and the amount of assist- priority ought to have the highest pri- ance the Federal agency is to provide. ority. DOT programs for fiscal year 2006, the inclu- sion of earmarks in DOT’s annual planning Consistent with Senator COBURN’s request, we determined (1) the total number and Minnesota is a tragic example of the and evaluation process, and the effects of amount of earmarks within DOT for FY 2006, earmarks on DOT’s mission and goals. misplaced priorities we have. Of the (2) the inclusion of earmarks in DOT’s an- This report provides our analysis of se- billions and billions of dollars, well nual planning and project evaluation proc- lected programs within the Federal Highway over 10 percent of the last Transpor- esses, and (3) the effects of earmarks on Administration, the Federal Transit Admin- DOT’s mission and goals. tation bill—authorization bill—and a istration, and the Federal Aviation Adminis- significant amount of this bill will be We focused our analysis on earmarks with- tration; these agencies accounted for 99 per- in DOT’s programs administered by the Fed- spent on projects that are not a pri- cent of the earmarks (both in number and eral Highway Administration (FHWA), Fed- ority for a State, are not a priority for dollar amount) in DOT for fiscal year 2006. eral Transit Administration (FTA), and Fed- national transportation, but are our We want to express our appreciation to the eral Aviation Administration (FAA), because priorities. We can differ on what the Department and the various stakeholder or- these three Operating Administrations ac- ganizations for their cooperation during this counted for 99 percent of the earmarks for low level priorities are, but nobody can review. deny we have a significant problem FY 2006 (both in number and dollar amount) If I can answer any questions or be of fur- in DOT. Exhibits A through E provide details with structurally deficient bridges in ther service, please contact me or Todd J. on: (A) the total number and dollar amount this country. Zinser, Deputy Inspector General. of earmarks by program with DOT for FY Sincerely, 2006; (B) earmarked projects that bypassed We are going to spend $600,000 on CALVIN L. SCOVEL III, horse-riding facilities, $5.9 million on a established selection and review processes or Inspector General. planning and programming processes; (C) our snowmobile trail, $8 million on a park- analysis of earmarks’ impact on agencies’ ing garage, $532,000 just on one par- INTRODUCTION programs; (D) stakeholders interviewed; and ticular earmark for a pedestrian trail, Over the past year, there has been consid- (E) our objectives, scope and methodology, $1.25 million for a day center and park- erable interest and debate over congressional and related audits. We conducted this review and-ride facility, $3 million for dust earmarks. According to the Government Ac- between December 2006 and August 2007, in control mitigation, and $2.75 million countability Office, an earmark is a congres- accordance with generally accepted Govern- sional directive in legislation to a Federal ment Auditing Standards as prescribed by for the National Packard Museum agency to spend a specific amount of its the Comptroller General of the United when we have bridges falling down? budget for a specific entity, project, or serv- States. I think we have plenty of room to re- ice. Earmarking differs from the general ap- In February 2007, the President signed a joint resolution passed by Congress that pro- order our priorities. This amendment propriations process where Congress grants a lump sum to an agency to distribute accord- vided appropriations for FY 2007 with a mor- does not eliminate any earmark. What ing to the agency’s authorized, transparent, atorium on earmarks. Section 112 of this it does is delay it. There is no question statutory criteria and merit-based decision- joint resolution states that ‘‘any language about it. But the purpose is to put us in making processes. specifying an earmark in a committee report touch with the American people say- In a memorandum published in January or statements of managers accompanying an ing: First things first. This does not 2006, the Congressional Research Service re- appropriations act for FY 2006 shall have no legal effect with respect to funds appro- eliminate addressing the 13,000 people ported that during the 10-year period from fiscal year (FY) 1996 to FY 2005, the number priated’’ under the joint resolution. who die every year on unsafe roads. of earmarks within Department of Transpor- The Office of Management and Budget has Those funds are still available. tation (DOT) appropriations acts and accom- taken steps to enforce the joint resolution We heard from the Senator from Mis- panying conference reports increased by by requiring that Federal agencies only fund projects or activities that are ‘‘specifically souri that 400 people succumbed to ac- more than 1,150 percent—from 167 earmarks in FY 1996 to 2,094 earmarks in FY 2005. The identified in statutory text’’ and ‘‘in accord- cidents related to bridges in the last amount of dollars earmarked also increased ance with authorizing law, using statutory year. The fact is, we have had almost by more than 314 percent—from $789 million criteria, such as funding formulas, eligibility 40,000 people die a year on our roads. A in FY 1996 to about $3.27 billion in FY 2005 standards, and merit-based decision-mak- third of that is secondary to alcohol (see figure). Although down in numbers from ing.’’ excess. But another third of that is as- FY 2005, DOT’s FY 2006 appropriations in- EXECUTIVE OVERVIEW sociated with unsafe roads and bridges. cluded 1,582 earmarks, of which 1,516 were Overall, we identified 8,056 earmarked specifically identified in the conference re- That is according to the Department of projects within the Department’s programs port accompanying the act. that received more than $8.54 billion for FY Transportation. Not only do earmarks originate in the ap- 2006 (see exhibit A). Of the 8,056 earmarked Mr. President, I ask unanimous con- propriation process, but they also enter the projects for FY 2006: 66 earmarked projects process through program authorizations. Re- sent to have printed in the RECORD a were specified in the text of the appropria- cent DOT re-authorizations have included a letter from the Department of Trans- tion act; 1,516 earmarked projects were speci- significant number of specific projects with fied in the conference report accompanying portation inspector general and an ac- associated funding directed to specific state the appropriation act; 6,474 earmarked companying Executive Overview of Re- and local agencies or locations. For example, projects were identified in the appropriation port AV–2007–066 of the Department of the current DOT authorization for surface act’s accompanying conference report sec- Transportation. transportation, the Safe, Accountable, Flexi- tions referring to distribution of FY 2006 au- ble, Efficient Transportation Equity Act: A thorized funding as directed by SAFETEA- There being no objection, the mate- Legacy for Users (SAFETEA–LU), accounted LU. rial was ordered to be printed in the for 6,474 (80 percent) of DOT’s 8,056 ear- FHWA, FTA, and FAA accounted for 99 RECORD, as follows: marked projects for FY 2006. As with most percent of these earmarked projects, both in

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11380 CONGRESSIONAL RECORD — SENATE September 11, 2007 number (8,011 of the 8,056 projects) and dollar example, for FY 2006, FAA considered 9 of to justify 500 separate earmarks that amount (about $8.49 billion of the more than the 10 new earmarked projects, totaling $31.5 do not address the bridges in this coun- $8.54 billion). FHWA had the highest number million, in its Tower/Terminal Air Traffic try, will not help us assess that. of earmarked projects at 6,556, and FTA had Control Facility Replacement Program with- the highest percentage of its FY 2006 appro- in the Facilities and Equipment account to Earlier today, Senator MURRAY al- priation earmarked at 28 percent. be low priority projects that would not have luded to the $1 billion increase. Well, Generally, before a capital or research received funding without the earmarks. that is true, but we did not increase project can receive DOT funding, either dis- Funding these new low priority projects in the money; we just made it toward the cretionary or formula, it must be the prod- FY 2006 added to the already substantial Transportation fund. The trust fund uct of a planning process. Planning for high- backlog of replacement projects from ear- will run out of money a year earlier. So way, transit, and airport improvement marks in prior fiscal years and caused FAA all we did was speed up spending that is projects takes place at the local, state, or to delay the planning of its higher priority Federal levels. For highway and transit replacement projects by at least 3 years. allowed in the trust fund that we have projects, each metropolitan planning organi- Some earmarks are providing funds for today, and that will be consumed more zation (MPO), in cooperation with the state projects that would otherwise be ineligible. quickly. I agree we probably should do and public transportation operators, must For example, for FY 2006, 16 of 65 earmarked that. But we will, in fact, have to ad- develop a long-range transportation plan and projects, totaling more than $14 million, in dress this issue, and it is about prior- a short-range transportation program for the FHWA’s Interstate Maintenance Discre- ities. urbanized areas within the state. Integral to tionary Program did not meet statutory pro- With that, Mr. President, I yield the planning process is an evaluation of fac- gram criteria and would not have received tors such as a project’s enhancement of mo- funding were it not for a section in DOT’s ap- back. bility, maximization of safety and security, propriations law that allows funding for ear- The PRESIDING OFFICER. The Sen- relief of congestion, financial viability, and marks that do not meet the statutory re- ator from Missouri. protection of the environment. The planning quirements of the program. process culminates in a list of projects to be Mr. BOND. Mr. President, we have funded within 4 years. Mr. COBURN. An investigation by had a good discussion with the Senator To be eligible for Federal funds, a project the inspector general found the fol- from Oklahoma earlier in the day. Just must be part of the Transportation Improve- lowing: For 2006, there were 8,056 ear- to recap for those who may have ment Program (TIP), which is approved by marks within the Department of missed it after he gave his eloquent the MPO and the Governor, and the State’s Transportation program, with a total pitch, I would say on behalf of those of Transportation Improvement Program of more than $8.54 billion, or over 13 us who worked on the bill—certainly (STIP), which is approved by the Governor, percent of DOT’s appropriation. So for FHWA, and FTA. Subsequent to the planning the great leadership of our chair, the process, FHWA and FTA select projects to one in seven and a half dollars, we have distinguished Senator from Wash- receive discretionary grants based on their directed the spending, and for most of ington—that when we put in earmarks, merits as reflected in the transportation them, it is against the highest priority when we target specific investments to plans. For formula grants, the states make things we should be funding. So think- our State, they reflect the judgment of the selections based on their priorities and ing about the risks, thinking about the each Member of this body on what is in cooperation with the MPOs and local offi- costs, thinking about our standing in important in his or her State based on cials. terms of doing what we should be doing To be considered for funding under the Air- what we hear from elected officials, port Improvement Program (AlP), a project to make sure the highest ordered prior- transportation officials, and commu- would be part of the national Airport Capital ities are taken care of—that the nity leaders who say these are their Improvement Plan (ACIP), which is formu- bridges that are structurally deficient top priorities. lated by FAA in cooperation with states, will be addressed, that the highways Now, my friend from Oklahoma is planning agencies, and airport sponsors. In that do not meet or exceed a good or earmarking money for bridges. If he be- all cases, the planning process culminates in acceptable level of safety—we ought to lieves Oklahoma is not putting in an a list of priority projects to be funded within be redirecting this money in that direc- a given time frame. adequate share of its money for However, our review of 7,760 earmarked tion. That is what this amendment is bridges, then we would be happy to en- projects valued at $8.05 billion within FHWA, about. tertain earmarks. But don’t tell us to FTA, and FAA programs disclosed that 7,724 We get three choices. We can table earmark ours. I work with the Missouri of the 7,760 projects (99 percent) either were the amendment, as I think the motion Department of Transportation offi- not subject to the agencies’ review and selec- will be made so we do not have to deal cials. They say our highest needs are tion processes or bypassed the states’ normal with it, saying we should not change planning and programming processes. For mostly in highways. We don’t want to our priorities. We can say yes, and we lose that money from highways. example, 125 AIP projects, totaling almost can renew the faith in the American $201 million, were earmarked for FY 2006. Of The PRESIDING OFFICER. The people that we understand we are here the 125 earmarked projects, 72 (about 58 per- question is on the Coburn amendment. to do priority work. We are not nec- cent), totaling $132.4 million, were on FAA’s Mrs. MURRAY. Mr. President, I list of candidates to receive AIP funds for essarily here to do the next best thing critical airport planning and development for our political careers. move to table the Coburn amendment projects—the remaining 53 projects were not. However you slice it, many of the and ask for the yeas and nays. These 53 projects, totaling about $68.5 mil- earmarks are great things. They are The PRESIDING OFFICER. Is there a lion, would not have been considered for great needs which have to be met at sufficient second? There is a sufficient funding in FY 2006 if they had not received some point in time. But most of the second. earmarks. There were earmarked projects we re- earmarks that go for the bridges and The question is on agreeing to the viewed that were evaluated as ‘‘highest’’ pri- roads will not be affected by this motion. ority projects and would have been fully amendment at all. The ones that will The clerk will call the roll. funded regardless of being earmarked. For be affected are those earmarks which The assistant legislative clerk called example, the New Starts Program is the Fed- are not a priority. the roll. eral Government’s primary financial re- I know we are going to have a vote. Mr. DURBIN. I announce that the source for supporting locally planned, imple- I want to give the subcommittee chair- mented, and operated transit fixed ‘‘guide- Senator from Connecticut (Mr. DODD) man, as well as Ranking Member BOND, way’’ systems. From heavy to light rail, and the Senator from Illinois (Mr. a chance to answer this debate. I will from commuter rail to bus rapid transit sys- OBAMA) are necessarily absent. say I plan on offering this amendment tems, these projects have improved the mo- Mr. LOTT. The following Senators bility of millions of Americans; helped to im- in another form, if this amendment prove air quality; and fostered the develop- goes down, limiting it and more direct- are necessarily absent: the Senator ment of more viable, safe, and livable com- ing it, if in fact that is the case. from Idaho (Mr. CRAIG) and the Senator munities. But we have a duty to do what is in from Arizona (Mr. MCCAIN). However, earmarks may not be the most the best interest of our transportation The PRESIDING OFFICER. Are there effective or efficient use of funds on pro- any other Senators in the Chamber de- grams within FHWA, FTA, and FAA. Many needs in this country. I realize there is earmarked projects considered by the agen- a debate, and I realize there is dis- siring to vote? cies as low priority are being funded over agreement with me on this issue. But The result was announced—yeas 82, higher priority, non-earmarked projects. For it is going to be hard for us as a body nays 14, as follows:

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11381 [Rollcall Vote No. 330 Leg.] above, prior to a vote in relation to the lieve it will be accepted on both sides. YEAS—82 Cornyn amendment; that no amend- So we will stand by for that to happen. Akaka Feinstein Nelson (FL) ments be in order to any amendments I yield the floor. Alexander Graham Nelson (NE) covered in this agreement prior to the Mrs. MURRAY. Mr. President, the Allard Gregg Pryor vote; that after the vote with respect Senator is correct. We have been work- Baucus Hagel Reed ing with Senator INHOFE, and we be- Bayh Harkin Reid to the Dorgan amendment, the vote Bennett Hatch Roberts time be limited to 10 minutes for the lieve we have a modification. As soon Biden Hutchison Rockefeller remaining amendment in this agree- as that is written up, we hope to get an Bingaman Inhofe Salazar Bond Inouye ment. agreement and move that amendment Sanders Boxer Johnson The PRESIDING OFFICER. Is there forward. Schumer Brown Kennedy Mr. INHOFE. I thank the Chair. Sessions objection? Brownback Kerry Without objection, it is so ordered. I suggest the absence of a quorum. Bunning Klobuchar Shelby Byrd Kohl Smith Mrs. MURRAY. Mr. President, I The PRESIDING OFFICER. The Cantwell Landrieu Snowe know the Senator from Oklahoma is on clerk will call the roll. Cardin Lautenberg Specter the floor and will be offering an amend- The assistant legislative clerk pro- Carper Leahy Stabenow ment in a minute. Prior to his offering ceeded to call the roll. Casey Levin Stevens Clinton Lieberman Sununu that amendment, I ask that the Sen- Mr. COBURN. Mr. President, I ask Cochran Lincoln Tester ator from Minnesota, Ms. KLOBUCHAR, unanimous consent that the order for Coleman Lott Thune be given 2 minutes. the quorum call be rescinded. Collins Lugar Vitter The PRESIDING OFFICER. Without Conrad Martinez The PRESIDING OFFICER. Is there Voinovich objection, it is so ordered. Crapo McConnell Warner objection? Dole Menendez Webb The Senator from Minnesota is rec- The Senator is recognized. Domenici Mikulski Whitehouse ognized. AMENDMENT NO. 2811 Dorgan Murkowski Wyden Durbin Murray Ms. KLOBUCHAR. Mr. President, I Mr. COBURN. Mr. President, I ask thank the Senators for working on a NAYS—14 unanimous consent to set aside the bipartisan basis. I thank Senators pending amendment and call up Barrasso Cornyn Grassley MURRAY and BOND for their work on Burr DeMint Isakson amendment No. 2811. Chambliss Ensign Kyl this issue and for passing the appro- The PRESIDING OFFICER. Without Coburn Enzi McCaskill priation for the funding to fix the I– objection, the clerk will report the Corker Feingold 35W bridge in Minneapolis. amendment. NOT VOTING—4 The Senate acted incredibly quickly The assistant legislative clerk read Craig McCain after this tragedy occurred—August 1. as follows: Dodd Obama The next day, Senator COLEMAN and I The Senator from Oklahoma [Mr. COBURN] The motion was agreed to. were there. We saw this tragedy first- proposes an amendment numbered 2811. Mrs. MURRAY. Mr. President, I hand and the heroic responses of our Mr. COBURN. Mr. President, I ask move to reconsider the vote. rescue workers in Minnesota. Ordinary unanimous consent that the reading of Mr. MENENDEZ. Mr. President, I citizens were diving into the water; the amendment be dispensed with. move to lay that motion on the table. they didn’t know whom they would The PRESIDING OFFICER. Without The motion to lay on the table was find and they didn’t know the danger. objection, it is so ordered. agreed to. They rescued people. It could have been The amendment is as follows: The PRESIDING OFFICER. The Sen- so much worse. Our citizens came to- (Purpose: To prohibit the use of funds made ator from Washington is recognized. gether and now this Senate comes to- available under this Act for bicycle paths AMENDMENT NO. 2816, AS MODIFIED gether. I thank them for this. We are so that the funds can be used to improve Mrs. MURRAY. Mr. President, I call losing about $400,000 a day. This was a bridge and road safety) up amendment No. 2816, as modified. major thoroughfare in our town and in At the appropriate place, insert the fol- There is no further debate and I ask for our Twin Cities area. lowing: its adoption. We are going to rebuild. On the day SEC. ll. None of the funds made available The PRESIDING OFFICER. The that we went and saw the shards of under this Act may be spent for bicycle question is on agreeing to the amend- steel and the broken bridge that had paths or bicycle trails. ment. flopped into the middle of the Mis- The PRESIDING OFFICER. The Sen- The amendment (No. 2816), as modi- sissippi River, I said that bridges in ator is recognized. fied, was agreed to. America should not fall down. This Mr. COBURN. Mr. President, maybe Mrs. MURRAY. Mr. President, I bridge did. When bridges in America this will not be as painful an amend- move to reconsider the vote. fall down, we must rebuild. By taking ment. Again, referencing what Senator Mr. MENENDEZ. I move to lay that this important action today to fund KLOBUCHAR said today about repairing motion on the table. the rebuilding of the bridge, the Senate the bridge that has collapsed and cost The motion to lay on the table was has started that process. I thank my 13 people their lives and many others agreed to. colleagues. I thank Senator COLEMAN injuries, we decided not to order prior- The PRESIDING OFFICER. The Sen- for cosponsoring my amendment. We ities with the last amendment but ator from Washington is recognized. will now move on to rebuilding our hopefully will give a little bit better Mrs. MURRAY. Mr. President, I ask bridge and bringing our beautiful Twin consideration to this one. unanimous consent that Senator COR- Cities area back to where it was. About 21⁄2 weeks ago, a friend of NYN be recognized to offer an amend- I yield the floor and suggest the ab- mine, who has been a friend for over 20 ment related to Mexican trucking at 6 sence of a quorum. years, talked me into getting a bicycle. p.m.; that there then be 60 minutes of The PRESIDING OFFICER. The I have to say I have markedly enjoyed debate with respect to the Cornyn clerk will call the roll. that exercise. This amendment says amendment and the pending Dorgan The assistant legislative clerk pro- that for the $12 million to $18 million amendment No. 2797 and that the ceeded to call the roll. in this bill, which is not clear how amendments be debated concurrently, Mr. INHOFE. Mr. President, I ask much is actually for bicycle paths, we with the time equally divided and con- unanimous consent that the order for should not be spending money on bicy- trolled between Senators DORGAN and the quorum call be rescinded. cle paths for our own leisure, comfort, CORNYN, or their designees; that upon The PRESIDING OFFICER. Without and exercise when we have bridges that the use or yielding back of time, with- objection, it is so ordered. are falling down. It is very straight- out further intervening action or de- Mr. INHOFE. Mr. President, there is forward. It prohibits funding bicycle bate, the Senate proceed to vote in re- some confusion about my amendment. paths until we have our bridges and lation to the Dorgan amendment, to be I think we have reached an agreement, highways in order. Through the years, followed by 2 minutes of debate, equal- and we will shortly be sending up my we have spent hundreds of millions of ly divided and controlled as noted amendment No. 2796, as modified. I be- dollars on bicycle paths. It is great, it

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11382 CONGRESSIONAL RECORD — SENATE September 11, 2007 is fun, they are enjoyable, but it isn’t we stop for a while and do what we back to the Chamber. I ask unanimous as important for us to have fun and en- should be doing with our other trans- consent that the pending amendment joyment as it is for us to be responsible portation needs? be set aside and that we call up and in repairing the roads and bridges in A quote from Mary Peters, Secretary consider amendments Nos. 2812, 2813, this country. This is simply a prohibi- of Transportation, is the following: and 2814, as a block of three amend- tion that says for the funds that are in Americans would be shocked to learn that ments, to be debated en bloc and then this appropriations bill for bicycle only about 60 percent of the gas tax money to be voted en bloc. I ask for their con- paths, we are saying, no we won’t spend they pay today actually goes into highway sideration to be available or time be that money; we are going to spend the and bridge construction. Much of it goes to made available to consider those many, many other areas. Ten to 20 percent money on fixing roads and bridges. goes into areas that are not directly trans- amendments when I have time to come I guess one could say we could do portation related. back to the floor. The PRESIDING OFFICER. Without both. We can fix the roads and bridges Bike paths and trails happen to fit and we can have bicycle paths. The objection, it is so ordered. into that category. Mr. COBURN. Mr. President, I yield problem is this body adopted an The highway trust fund was set up to the floor and suggest the absence of a amendment creating another billion build highways and maintain bridges. dollars for bridges just yesterday, and quorum. When 40 percent of it is not used to The PRESIDING OFFICER. The what that does is shorten the life of the maintain highways or build bridges, we trust fund. What it does is move the clerk will call the roll. have missed the priorities the Amer- Mrs. MURRAY. Mr. President, I ask empty, the zero on that fund to 2009. ican people have asked for. unanimous consent that the order for We have addressed some of that, but we The last time the gas tax was in- the quorum call be rescinded. haven’t addressed it near to the need I creased in 1993, it was 4.3 cents. We The PRESIDING OFFICER. Without believe we should. have had many people say we need a objection, it is so ordered. I ask my colleagues to give some tax increase on transportation dollars The Senator is recognized. thought about whether bicycle paths or to afford the Transportation bill. I Mrs. MURRAY. Mr. President, I ask the safety of our people in cars on don’t believe that is true at all. I be- unanimous consent that a vote in rela- bridges and roads in this country is lieve we ought to be spending the tion to Coburn amendment No. 2811 more important. money on true transportation needs— occur upon disposition of the Cornyn I will give some examples. There is $3 roads and highways and transit—and amendment relating to Mexican trucks million for three bike trails in Illinois. we should have less of the other. and that no amendment be in order to Illinois has 290 structurally deficient I ask unanimous consent to have the Coburn amendment prior to the bridges. printed in the RECORD an article from vote; that there be 2 minutes for debate There is $500,000 for the CEMAR Trail the Minnesota Star Tribune recently prior to a vote with respect to the in Iowa. Iowa has 61 structurally defi- that noted the significant amounts of Coburn amendment, with the vote time cient bridges. money that have been spent in that limited to 10 minutes. There is $500,000 in Maryland. Mary- State on bicycle paths at the same The PRESIDING OFFICER. Without land has 43 structurally deficient time the chairman of the Transpor- objection, it is so ordered. bridges on the National Highway Sys- tation Committee did not allocate the Mrs. MURRAY. Mr. President, my tem. funds, along with the State, to effec- understanding is that the Senator from Mississippi has $2.2 million ear- tively solve the problems of the I–35 Oklahoma is going to come back and marked for bicycle trails and has 28 bridge. debate his amendment that he com- structurally deficient bridges. There being no objection, the mate- bined. Can he let us know what time he Missouri has $750,000 for the Heart of rial was ordered to be printed in the will be back so we can make sure we America bicycle/pedestrian bridge and RECORD, as follows: are able to fit in that debate time so has 123 structurally deficient bridges [From the Minnesota Star Tribune] we can possibly add the votes on those on our National Highway System. [Minnesota Congressman Jim] Oberstar amendments onto the end of the votes North Dakota has $800,000 for the played a lead role in crafting the 2005 bill as we now have starting at 7 as well? Lewis and Clark Legacy Trail and has ranking Democrat on the House Transpor- Before the Senator from Missouri nine structurally deficient bridges. tation Committee. In the bill, Congress allo- speaks, let me say that when the Sen- The State of Washington, the chair- cated about $4 billion a year for bridge re- ator from Oklahoma comes back, then man’s State, has three bike earmarks, construction and maintenance. It designated about the same amount—about $24 billion we will try to work with him to get a $3 million, and 76 structurally deficient over a five-year period—for member ear- time agreement to vote as well at the bridges. marks in a bipartisan porkfest. 7 o’clock time so we can have four West Virginia has 98 structurally de- Ironically, $24 billion is almost exactly the votes and move expeditiously to finish ficient bridges, but yet $1 million is amount that Oberstar now says we must this bill tonight. going to the Paw Paw Bends Trail in raise through new taxes to prevent future The PRESIDING OFFICER. The Sen- Morgan County. bridge collapses. ator from Missouri. That is not the complete list. I can Oberstar’s earmarks were among the high- Mr. BOND. Mr. President, before my est for any member, totaling $250 million. go on. I have five more pages of States What did they fund? friend from Oklahoma leaves, we talk a around the country. Not repair of the I–35W bridge, though the lot about safety. This is one of the It is interesting that in Chesapeake, state had identified cracks in the bridge as a problems when we try to take a meat VA, the council voted in June to build major concern in 1999. Oberstar’s earmarks, ax to all earmarked programs in the a 2-mile bicycle path estimated to cost which included many road-related projects, States that have been worked out. I $16 million. That is to be paid for with also provided $25 million for Twin Cities bi- was working on another amendment, federally earmarked funds and a cycle and pedestrian trails and lanes, and so I didn’t hear whether he mentioned match. The mayor of that city, in ar- such ‘‘high priority’’ items as $471,000 for the Edge of Wilderness Discovery Center in the $750,000 for the Heart of America guing against this expenditure, cast Marcell. Bridge in Kansas City. But in the inter- the lone vote, saying: It reminds me of He did slip in $1.5 million for a new bridge est of full disclosure, yes, we put in a a bridge somewhere to nowhere. You in Baxter—for the Paul Bunyan bike trail. retrofitting of a bridge to provide a are talking about Government spend- Oberstar, an avid cyclist, has lavished fed- barrier-separated crossing for ing. To spend that kind of money on a eral gas-tax dollars on bike trails for years. bicyclists and pedestrians crossing the bike path that would rarely be utilized In 1991, he spearheaded legislation that first allowed Highway Trust Fund monies to flow Missouri River from north Kansas City is astounding to him. The traffic in to state bike trails. to downtown Kansas City. that area, pedestrian and bike, is four Now Oberstar, has taken his enthusiasm Mr. COBURN. Mr. President, will the people per day. for bikes a step further. He recently amended Senator yield for one moment? I don’t deny that it is a wonderful ex- a federal aviation law to allow airports to Mr. BOND. I will be happy to yield. perience that many millions of Ameri- spend federal funds on bike storage facilities. AMENDMENTS NOS. 2812, 2813, AND 2814, EN BLOC cans are getting to enjoy the bike Mr. COBURN. I will limit my debate Mr. COBURN. Mr. President, I made paths we build. The question is, Should on this amendment and try to come an error in terms of calling up my

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11383 amendments. I ask unanimous consent (3) the amount made available by this Act paths in the role of transportation au- that the pending amendment be set for the Community Development Fund is re- thorization. There is safety, there is aside and that amendments Nos. 2812, duced by $500,000. mobility, and there is our healthy com- 2813, and 2814 be called up. AMENDMENT NO. 2811 munities about which we are all con- The PRESIDING OFFICER. Without Mr. BOND. Mr. President, the reason cerned. When we put in adequate bike objection, it is so ordered. The clerk we put in a barrier on this bridge be- paths and walkways, what we are es- will report. tween north Kansas City, a vibrant sentially doing in many of our commu- The assistant legislative clerk read growing community, and, of course, nities is protecting the safety of our as follows: the heart of Kansas City, MO, is that families and our neighbors. In many of The Senator from Oklahoma [Mr. COBURN] many people cross that bridge on foot our communities, without those paths, proposes amendments numbered 2812, 2813, and on bicycles. The traffic is getting many more bicyclists and pedestrians and 2814, en bloc. so heavy that there is great danger to would be forced to commute with reg- Mr. COBURN. Mr. President, I ask the pedestrians and bicycle riders. For ular vehicle traffic. unanimous consent that the reading of those who like exercise and like con- Everyone on bicycle or on foot is vul- the amendments be dispensed with. serving energy, many people commute nerable when they are mixed in with The PRESIDING OFFICER. Without between north Kansas City and Kansas heavy traffic. But I contend our school- objection, it is so ordered. City, MO, by foot or on bicycles. But aged children are often the ones who The amendments are as follows: for them to continue to do that, they are the most vulnerable, and that is AMENDMENT NO. 2812 need to be separated from the traffic. why it is extremely important that we (Purpose: To remove an unnecessary ear- I drive on the streets of Washington, protect these kinds of pathways in our mark for the International Peace Garden DC, where bicyclists are not separated transportation bills. in Dunseith, North Dakota) from traffic. It is always with great When we put in place these bike At the appropriate place, insert the fol- fear and trepidation as I am driving in paths and walkways, we also provide lowing: two lanes of traffic coming to work in essential mobility to a lot of people SEC. 232. Notwithstanding any other provi- the morning and I see a bicyclist riding who can’t afford to drive a car, who sion of this Act, none of the funds appro- down the street between us. I just hope don’t have a car, or for disability rea- priated or otherwise made available by this and pray that I am not the one who sons can’t drive a car. These are people Act may be made available for facility ren- hits that bicyclist and that nobody hits who sometimes can’t afford the daily ovation at the International Peace Garden in them. travel by car, but they have their bike. Dunseith, North Dakota; Provided, That the amount made available for grants for the But if we are going to have bicyclists They might like to travel by bus or a Economic Development Initiative is reduced using roadways, please, let’s put a bar- transit vehicle, but perhaps there by $450,000, and the amount made available rier to separate the bicyclists and the aren’t any available and so they are on for the Community Development Fund is re- pedestrians from the traffic. If we are our bikeways, bike paths, and walk- duced by $450,000. talking about safety, I believe this is ways, and they need a mode of trans- AMENDMENT NO. 2813 one of the easiest points to understand, portation within our communities as (Purpose: To ensure that no funds made and that is why I object so strongly to well. available under this Act shall be used to saying that any earmark we put in our It wasn’t very long ago I happened to carry out any activity relating to the de- States that deals with bicycles should read an article in the Washington Post sign or construction of the America’s Wet- be struck. about informal bike and pedestrian land Center in Lake Charles, Louisiana, Where is the sense in this body to tell paths showing up all over northern Vir- until the date on which the Secretary, in the people of Kansas City and north ginia. These are just foot paths now, consultation with the Administrator of the apparently, and not much more than Federal Emergency Management Agency Kansas City they cannot have a pro- and the State of Louisiana, certifies to tected pedestrian and bicycle means of grassy areas where commuters come Congress that all residents of the State of ingress and egress between north Kan- and go on a daily basis. From the Louisiana who were displaced as a result of sas City and regular Kansas City? It story, it said most of the people walk- Hurricane Katrina or Rita in 2005 are no makes so much sense that I really hate ing along these paths can’t afford to longer living in temporary housing) to bring it up. That is what this commute by train or by car. They are At the appropriate place, insert the fol- amendment would do. That is why I walking to their jobs every day. These lowing:— will strongly oppose the amendment. jobs don’t pay a lot. These families SEC. lll. Notwithstanding any other The PRESIDING OFFICER (Ms. STA- need to get to work to support their provision of Act, no funds made available BENOW). The distinguished Senator families, and so they are walking on under this Act may be used to carry out any from Washington. activity relating to the design or construc- these pathways all over northern Vir- tion of the America’s Wetland Center in Mrs. MURRAY. Madam President, I ginia, the story tells us. The unfortu- Lake Charles, Louisiana, until the date on join my colleague from Missouri in op- nate part of that story, as I read it, is which the Secretary of Housing and Urban posing the amendment that has been that these bike and pathways crossed Development, in consultation with the Ad- offered by Senator COBURN. Under the over four lanes of traffic, many times ministrator of the Federal Emergency Man- SAFETEA–LU authorization bill, that without any traffic signals to accom- agement Agency and the State of Louisiana, is the surface transportation author- modate them. So those commuters who certifies to Congress that all residents of the ization law, the bill that defines all of are walking on these paths scrambled State of Louisiana who were displaced as a the transportation projects for the result of Hurricane Katrina or Rita in 2005 every day to get across four lanes of are no longer living in temporary housing. country, communities are required to traffic because the transportation sys- prepare comprehensive transportation tem didn’t protect them as bicyclists AMENDMENT NO. 2814 plans in order to receive Federal high- or as pedestrians. (Purpose: To prohibit the use of funds for the way and transit grants. Those plans So mobility is important and safety construction of a baseball facility in Bil- lings, Montana, and to reduce the amounts have to include the communities’ plans is important. But, finally, we all recog- made available for the Economic Develop- for bike and pedestrian pathways. We nize that having healthy communities ment Initiative and the Community Devel- set that policy because these plans are is an important part of our country opment Fund) meant to be comprehensive, and our today. In recent years, we have all be- At the appropriate place, insert the fol- national policy has been to recognize come aware of how our physical infra- lowing: bike and pedestrian pathways as one structure affects our daily lives, and SEC. lll. Notwithstanding any other component of an entire, complete too often people find themselves provision of this Act— transportation system. They can’t con- trapped in cars by a transportation (1) none of the funds made available by this stitute the largest part of the system, network that will not allow them to Act may be used for the construction of a but a plan that ignores that element is walk or bike to work, which can be an new baseball stadium that is replacing Cobb Field in Billings, Montana; not complete. important part of an exercise regime (2) the amount made available by this Act Now, there are three reasons our na- for many who choose that. So these for grants for the Economic Development tional transportation policy has recog- bike paths and walkways provide an al- Initiative is reduced by $500,000; and nized the role of bike and pedestrian ternative to cars and help make our

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11384 CONGRESSIONAL RECORD — SENATE September 11, 2007 communities more healthy and more Mrs. MURRAY. Madam President, I meet the same safety standards as U.S. like neighborhoods. move to reconsider. trucks and, therefore, would be unfit When the Senate passed the last Mr. BOND. I move to lay that motion for U.S. roads. If that were true, I Transportation authorization bill, the on the table. would agree. But it is not true. I very so-called SAFETEA–LU, that bill rec- The motion to lay on the table was much understand the Senate’s role in ognized that bike and pedestrian path- agreed to. protecting the safety and security of ways were one component of a com- Mrs. MURRAY. Madam President, I people on our highways, protecting the plete transportation system for our see the Senator from Montana is on the American public. But in my view, the communities. The President signed floor at this time and wishes to be rec- Dorgan amendment ignores the numer- that bill into law. Today, if we choose ognized. ous safety and inspection standards to pick out this one mode of transpor- The PRESIDING OFFICER. The Sen- which are set in place by the Depart- tation and say we are not going to have ator from Montana. ment of Transportation under this bike paths or walkways, that we are Mr. TESTER. Madam President, I demonstration program. In fact, the excluding that from transportation have a question for the Senator from whole point of the demonstration pro- funding, we would be making, on the Oklahoma. gram is to show that a safe regime for floor of the Senate today and in the I have a statement that applies to cross-border trucking can exist in a Transportation appropriations bill, a servicemen going off to war in Iraq way that benefits both Mexico and the major shift in our transportation pol- from the State of Montana, which does United States. icy. not apply to this bill. It is a statement First, let me emphasize the minor So I hope our colleagues will take a I want to make as in morning business. impact the Mexican trucks will actu- serious look at this amendment and re- If the Senator from Oklahoma has ally have on our U.S. highway system. alize that it will affect the safety of something applicable to this bill and The Department of Transportation au- many of our citizens who commute to he is time sensitive, I would defer to thorized a maximum of 100 Mexican trucking companies to participate in work, to school, and those who, in their him, if he wishes. the 1-year demonstration program, the daily lives, don’t have a car or who Mr. INHOFE. No. I would respond to same number of U.S. trucking compa- choose to walk for their own personal the Senator from Montana that we just nies that would be allowed to partici- health or ride a bike for their own per- adopted my amendment, as modified, and that is the reason I was on the Sen- pate in Mexico. Preliminary informa- sonal health. tion indicates there will be approxi- I hope the Senator from Oklahoma ate floor at this time. mately 500 to 600 vehicles involved. Ac- will wait to have this discussion when Mr. TESTER. I thank the Senator. cording to statistics released by the we are back on the floor during the re- Madam President, first of all, I have a few comments to make about the National Trucking Association, 5.1 mil- authorization bill, which will be occur- lion commercial trailers were reg- bill. I thank the Senator from Missouri ring during the next couple of years, istered in 2004 for business purposes and the Senator from Washington for and he will then have an opportunity here in the United States. Clearly, the their great work on this bill. I would to make his arguments at that time 500 to 600 Mexican trucks compared to hope that the Senate would pass this during the surface transportation de- 5.1 million American trucks is a pretty bill as it is because I think it is a good bate. But today we are not considering miniscule number compared to our piece of legislation that fits the needs an authorization bill. We are consid- trucking industry as a whole. ering a transportation appropriations of our country very well. As I mentioned, proponents of the bill. And, yes, it does include an alter- Madam President, I ask unanimous Dorgan amendment claim that Mexi- native for many people in this country, consent to speak as in morning busi- can trucks are too dangerous for U.S. which is part of their transportation. It ness. roads. However, Mexican trucking com- is part of their commute to work or to The PRESIDING OFFICER. Without pany drivers and vehicles participating school or their daily lives, and it is an objection, it is so ordered. in this demonstration program must essential part of this bill. (The remarks of Mr. TESTER are overcome multiple layers of safety and So I urge my colleagues to vote no on printed in today’s RECORD under inspection standards before operating the Coburn amendment, and we will be ‘‘Morning Business.’’) in the United States. Let me describe having that vote certainly after 7 Mr. TESTER. Madam President, I in detail the mandates the Mexican o’clock. yield the floor, and I suggest the ab- companies must meet to qualify for AMENDMENT NO. 2796, AS MODIFIED sence of a quorum. this demonstration program. Madam President, I ask unanimous The PRESIDING OFFICER. The The first layer of safety is an applica- consent to set the current amendment clerk will call the roll. tion process whereby any trucking aside and call up amendment No. 2796 The bill clerk proceeded to call the company that wishes to participate in and send a modification to the desk. roll. the demonstration program must com- The PRESIDING OFFICER. Without Mr. KYL. I ask unanimous consent plete a 38-page application dealing with objection, it is so ordered. The amend- that the order for the quorum call be business activities, cargo content, safe- ment is so modified. rescinded. ty records, safety rules, and other re- The amendment, as modified, is as The PRESIDING OFFICER. Without quired information. If a Mexican truck- follows: objection, it is so ordered. ing company fails to meet any of those On page 147, between lines 8 and 9, insert AMENDMENT NO. 2797 DOT standards, the application is de- the following: Mr. KYL. Madam President, I want nied. The next layer of safety and in- SEC. 414. None of the funds appropriated or to speak for a moment about the spection standards is a pre- otherwise made available by this Act may be amendment of the Senator from North authorization safety audit. This meas- obligated or expended by the Administrator Dakota relating to the cross-border ure mandates that U.S. Federal inspec- of the Federal Aviation Administration to trucking demonstration program. That transfer the design and development func- tors must conduct a thorough safety tions of the FAA Academy in their entirety is the long title for the pilot project to audit of each Mexican trucking com- or to implement the Air Traffic Control Op- allow U.S. trucks to travel into Mexico pany business at the carrier’s head- timum Training Solution proposed by the carrying cargo and to allow a certain quarters in Mexico before it is granted Administrator in its entirety prior to Sep- number of Mexican trucks, after in- authority to operate beyond U.S. bor- tember 30, 2008. spection, to travel into the United der commercial zones. So U.S. inspec- Mrs. MURRAY. Madam President, I States carrying products for delivery tors will be at the Mexican trucking believe there is no further debate on here. This program has actually been company site in Mexico performing the amendment. planned over the past 14 years, but the this inspection, not only of the vehicles The PRESIDING OFFICER. If there Senator from North Dakota has an but of the entire operation. That is a is no further debate the question is on amendment that would deny the entry major inspection. It seems to me it is a agreeing to the amendment. of Mexican trucks into the United major way that we preliminarily qual- The amendment (No. 2796), as modi- States on the grounds that the trucks ify these Mexican companies for oper- fied, was agreed to. participating in this program do not ation here.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11385 Our inspectors must verify that the America are incorrect. They will re- Mr. TESTER. Madam President, I Mexican companies are complying with ceive the two inspections in Mexico, ask unanimous consent that the order the following U.S. standards: U.S. another inspection at the border, and for the quorum call be rescinded. hours of service regulations, drug and the potential for an inspection any- The PRESIDING OFFICER. Without alcohol testing for each driver—these where else on the highways, just as objection, it is so ordered. are completed by U.S. labs, by the American trucks. Those inspections AMENDMENT NO. 2814 way—insurance with a U.S. insurance are performed by U.S. inspectors. Mr. TESTER. Madam President, I company—so this business of not being It is worth giving this program a rise today to speak in opposition to an insured in the United States is not cor- chance—a demonstration program amendment Senator COBURN is going to rect—adequate driver qualifications, only—to see whether it will work. If it be offering in a few minutes. I rise and a vehicle maintenance program. If turns out it is too much trouble and ex- today to say a few words about a con- the company passes the compliance pense, it doesn’t work, the Mexican struction project this amendment is test, then the inspectors conduct a full drivers are not qualified, the trucks potentially eliminating. It is a con- front-to-back review of each truck, don’t meet the standards, whatever struction project that is generating a which takes 45 minutes per vehicle, and else, then we can adjust our program. lot of excitement and community pride they interview every driver who will But let’s give the demonstration in my home State of Montana. participate in the program. These are project a chance to also show that While campaigning for this Senate U.S. inspectors in Mexico at the com- maybe our neighbors to the South seat this time last year, I repeatedly pany site. deem it important enough for their ve- said I support appropriations for They then do a 45-minute inspection hicles to travel in the United States for projects that improve our Nation’s in- of the trucks, and they have to meet their own commercial purposes that frastructure—projects such as safer the same safety standards as U.S. they care about this program and they bridges, better water canals, better trucks traveling on our highways. If are going to make it work. If they do, highways, and improvements to our the company passes the pre- it is much more efficient and much Nation’s economic development. That authorization safety audit, each truck cheaper for American consumers, if is why I am following this project in is then given a safety decal and that those Mexican trucks can travel in the Billings, MT, very closely. The project decal is only valid for 90 days. So each United States, because the alternative is a major effort by the people of Bil- truck will have to undergo a bumper- is to offload the cargo in Mexico, re- lings to reinvigorate their city’s econ- to-bumper inspection every 3 months. load it onto an American vehicle, and omy by rebuilding a well-known land- Each truck is also given a unique then have it come into the United mark—Cobb Field. Right now, crews decal. Every time the truck crosses the States, a very lengthy, time-con- are already working on the new sta- border, Department of Transportation suming, and costly process. dium. Once finished, it will serve as a inspectors at the border look for that The United States has always been a venue for sports, concerts, and art fairs decal. They verify that the driver is trading nation. It is our history. Amer- throughout the year. It will attract the one the company has certified for icans have benefited throughout the visitors from all over the region. that truck, and they check English centuries because we have been a trad- The people of Billings are very proud language proficiency and licensing re- ing nation. Our neighbors, Canada and of Cobb Field and the role it plays in quirements. They do all of that at the Mexico, like to buy American products. their community. That is why they border. They have things to sell to American voted to raise their own taxes by over Finally, every vehicle and driver par- consumers. Some of the finest toma- $10 million to rebuild this stadium. ticipating in the project will be subject toes we are eating right now come They understand how important it is to roadside inspections, just as U.S. through the port of entry in Nogales, to be proud of a place where they can and Canadian drivers are. If at any AZ. I see the trucks lined up every gather as families, host visitors, and point a Mexican truck fails to comply time I go down there. They are great enjoy American pastimes. The people of Billings also under- with just one of the safety require- products. Because they come in, they stand that the new Cobb Field will be a ments, the truck and the driver will be are fresher, less expensive, and they major economic boost. It will be an placed out of service immediately. The can be even more fresh and less expen- sive if they don’t have to offload the asset to the entire region. That is why Mexican trucking company will then cargo and reload it onto American car- I have requested the Senate invest be subject to disciplinary action. All of riers to be transported to final destina- $500,000 in this project. Believe me, it these safety and inspection standards tion. will go a long way in Billings—a com- ensure that Mexican trucking compa- This is a way of demonstrating that munity that has already done its part. nies, vehicles, and drivers participating we can make our commerce more effi- I believe this is a pretty darn reason- in the demonstration program abide by cient and less costly and speed prod- able request. The community develop- the same or, in some cases, even strict- ucts to market, if the Mexicans will do ment fund in this appropriations bill er safety standards than U.S. and Cana- their part and verify that their vehi- specifically sets aside money for dian trucking companies, drivers, and cles are safe on American highways. projects that boost economies in cities vehicles operating in the United Why not give them the chance? That is such as Billings. What is the commu- States. all this demonstration project does. nity development fund for if it is not Clearly, the Department of Transpor- To those who say: We don’t think for good community development tation has worked hard to develop safe- they will meet our standards, this is projects such as this? ty and inspection standards designed the time to tell. I think it would be un- I am asking my colleagues not to re- and intended to protect American high- fair to American consumers if we try move any Federal funding in this com- ways and the public. It is for that rea- to prejudge that and say there is no munity project. Instead, I stand before son that we should not support the way it can work so we are not even you to ask for a small investment in Dorgan amendment. going to give it a chance. We should economic development for a growing Remember, this is a pilot project, a give it a chance. Then we can evaluate community to provide jobs, tourism, demonstration project. To ensure that it. Then we can make our decision. In and overall economic growth. its results are adequately reported to the meantime, the Department of While running for this Senate seat, I us and that the Department of Trans- Transportation inspection demonstra- criticized Congress for sneaking in portation makes no changes without tion project should go forward. The projects in the dead of night, attaching notifying the Congress, Senator COR- Dorgan amendment should be defeated. them to spending bills behind closed NYN has offered an amendment that The Cornyn amendment should be doors without any accountability. It will add those additional precautions. adopted. happened a lot more often than most Of course, those are worthwhile and I I suggest the absence of a quorum. people think. Our Government spent a will support that. The bottom line is, The PRESIDING OFFICER. The lot of money without properly vetting those people who fear that Mexican clerk will call the roll. it through Congress. trucks will not be held to the same The legislative clerk proceeded to For the better, times have changed. I safety standards as U.S. trucks in call the roll. stand before you today to vigorously

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11386 CONGRESSIONAL RECORD — SENATE September 11, 2007 defend why I requested this funding rowers who happen to be in the Mrs. MURRAY. I ask unanimous con- project in the light of day. I am going subprime category are not unfairly sent that the amendment be modified to bat for it because Cobb Field de- hurt by the housing downturn facing as presented to the desk. serves the funding. There are no se- this Nation. While price corrections are The PRESIDING OFFICER. Without crets here, there is no waste—just a natural, and perhaps needed in some objection, it is so ordered. good, worthwhile community project markets today to balance against spec- The amendment, as modified, is as that will only make a very special ulation and overt risk-taking, rapid follows: place in my home State even better. rates of foreclosures will only build ad- (Purpose: To amend the Housing and Com- I am not going to let Cobb Field ditional inventory in an already flush munity Development Act of 1974 to treat strike out. It is too much of an invest- housing market and may lead to an certain communities as metropolitan cit- ment by Montana folks who work hard overcorrection and a true recession in ies for purposes of the community develop- and raise families. They are taking it the housing market. Depending on the ment block grant programs) upon themselves to make their home severity of the housing downturn, this On page 137, between lines 17 and 18, insert better, and I will do everything I can to the following: could create a major drag on other as- SEC. 232. Paragraph (4) of section 102(a) of help. pects of our economy and pull us into the Housing and Community Development I yield the floor and suggest the ab- a recession. Act of 1974 (42 U.S.C. 5302) is amended by add- sence of a quorum. However, we should not be quick to ing at the end the following new sentence: The PRESIDING OFFICER (Mr. attempt to bail out or otherwise create ‘‘Notwithstanding any other provision of MENENDEZ). The clerk will call the roll. moral hazard in the mortgage markets. this paragraph, with respect to any fiscal The legislative clerk proceeded to This amendment, therefore, seeks to year beginning after the date of the enact- call the roll. build cooperation between entities and ment of this sentence, the cities of Alton and Granite City, Illinois, may be considered Mr. BOND. Mr. President, I ask unan- the Federal Government needed in the imous consent that the order for the metropolitan cities for purposes of this future in terms of preventing fore- title.’’. quorum call be rescinded. closures and preventing a truly cata- The PRESIDING OFFICER. Without AMENDMENTS NOS. 2832; 2800, AS MODIFIED; AND strophic mortgage crisis. I strongly be- 2845 EN BLOC objection, it is so ordered. lieve this is a good step forward to help Mrs. MURRAY. Mr. President, I ask AMENDMENT NO. 2832 stem the tide of foreclosures without unanimous consent that the pending Mr. BOND. Mr. President, shortly, I bailing out risky lenders and specu- amendment be set aside, and that the hope we will be able to clear my lators from the market. I urge my col- following three amendments be consid- amendment No. 2832, which deals with leagues to accept this amendment. ered en bloc: amendments Nos. 2832; mitigation assistance to eliminate the I would also note that sometimes 2800, as modified; and 2845. default and foreclosure of mortgages of people who have limited incomes may The PRESIDING OFFICER. Is there owner-occupied single family homes. not be in a position to buy a home but objection? As we all know, the subprime market may be better off renting. I have been Without objection, it is so ordered. collapse has caused great distress in in rental housing in my lifetime, as Mrs. MURRAY. Mr. President, these the marketplace and in many of the en- many of us have been. I think the re- en bloc amendments have been cleared tities that are engaged in issuing these cent efforts by the administration to on both sides. I know of no other de- subprime loans, and others, including push for home ownership without re- bate. hedge funds, which were dealing in the gard, in too many instances, to the Mr. BOND. No objection on this side. secondary market with them. ability of the homeowners to meet the The PRESIDING OFFICER. If there I am not so much concerned if large payments is pushing the envelope too is no further debate, the question is on institutions made bad gambles. We far. Some of the no-downpayment agreeing to the amendments en bloc. don’t want to engage in the moral haz- schemes that have been offered have The amendment (No. 2800), as modi- ard of bailing out large financial insti- put not only homeowners at risk but fied, was agreed to. tutions that get out too far on the whole neighborhoods at risk, where one The amendments (Nos. 2832 and 2845) fringe and find out that interest rates or two foreclosures may totally cripple were agreed to, as follows: rise and they can’t make the profits a vulnerable, but otherwise healthy, AMENDMENT NO. 2832 they thought. But we are very much housing neighborhood. (Purpose: To establish mitigation activities concerned about the individual home- So we need to take a look carefully and alternatives to mortgage foreclosure owners who may find that this at the subprime market. We also need when viable and to reasonably ensure the subprime crisis is costing them their to look at those practices which unnec- long-term affordability of any mortgage housing. essarily put at risk families of modest assisted under this amendment) Therefore, this amendment we pro- income who may not be able to take on On page 95, after the period at the end of pose would take $100 million from the the responsibilities and the financial line 25, begin with the following new para- HOME program within HUD to allow burdens of home owning but would be graph: for foreclosure mitigation activities. better off renting. Of the overall funds made available for this The amount would go to organizations account, up to $100,000,000 may be made So with that, I yield the floor, and I available for mortgage foreclosure mitiga- such as FHA, Neighborhood Reinvest- look forward to hearing our colleagues tion activities, under the following terms ment Corporation, and State Housing talk about Mexican trucks. and conditions: Finance agencies to help identify fore- Mr. President, I suggest the absence (1) The Secretary of Housing and Urban closure alternatives and offer some of a quorum. Development (‘‘Secretary, ‘‘the Depart- homeowners, specifically in subprime The PRESIDING OFFICER. The ment’’) is authorized to provide, or contract mortgages, an alternative to the pros- clerk will call the roll. with public, private or nonprofit entities (in- pect of foreclosure. The legislative clerk called the roll. cluding the Neighborhood Reinvestment Cor- Recently published data from the Mrs. MURRAY. Mr. President, I ask poration and Housing Finance Agencies) to Mortgage Bankers Association for the make awards (with up to a 25 percent match unanimous consent that the order for by an entity of the amount made available second quarter of this year shows that the quorum call be rescinded. to such entity) (except for the match, some one in seven U.S. homeowners was de- The PRESIDING OFFICER. Without or all of the award may be repayable by the linquent in their payments. Delin- objection, it is so ordered. contractor to the Secretary, upon terms de- quencies in general rose to the highest AMENDMENT NO. 2800, AS MODIFIED termined by the Secretary) to provide miti- levels since 2002, to 5.1 percent of all Mrs. MURRAY. Mr. President, I call gation assistance to eliminate the default mortgages, not just subprime. These up amendment No. 2800. and foreclosure of mortgages of owner-occu- estimates also show that more than The PRESIDING OFFICER. The pied single-family homes that are at risk of 600,000 homeowners are facing the pros- such foreclosure, including mortgages known clerk will report. as subprime mortgages; pect of foreclosure and repossession. The legislative clerk read as follows: (2) These loss mitigation activities shall These numbers are the tip of the ice- The Senator from Washington [Mrs. MUR- only be made available to homebuyers with berg. Action needs to be taken to en- RAY], for Mr. DURBIN, proposes an amend- mortgages in default or in danger of default sure that where possible, good bor- ment numbered 2800. where such activities are likely to ensure the

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11387 long-term affordability of any mortgage re- ‘‘§ 44729. Age standards for pilots ceived or studies published after the date of tained pursuant to such activity; No Federal ‘‘(a) IN GENERAL.—Subject to the limita- enactment of the Transportation, Housing funds made available under this paragraph tion in subsection (c), a pilot may serve in and Urban Development, and Related Agen- may be provided directly to lenders or home- multicrew covered operations until attaining cies Appropriations Act, 2008) that different owners for foreclosure mitigation assistance. 65 years of age. medical standards, or different, greater, or An entity may use its own funds (including ‘‘(b) COVERED OPERATIONS DEFINED.—In more frequent medical examinations, are its match contribution) for foreclosure miti- this section, the term ‘covered operations’ needed to ensure an adequate level of safety gation assistance subject to repayment re- means operations under part 121 of title 14, in flight. quirements and the regulations issued by the Code of Federal Regulations. ‘‘(2) DURATION OF FIRST-CLASS MEDICAL CER- Secretary; ‘‘(c) LIMITATION FOR INTERNATIONAL TIFICATE.—No person who has attained 60 (3) Loss mitigation activities shall involve FLIGHTS.— years of age may serve as a pilot of an air a reasonable analysis of the borrower’s fi- ‘‘(1) APPLICABILITY OF ICAO STANDARD.—A carrier engaged in covered operations unless nancial situation, an evaluation of the cur- pilot who has attained 60 years of age may the person has a first-class medical certifi- rent value of the property that is subject to serve as pilot-in-command in covered oper- cate. Such a certificate shall expire on the the mortgage, the possible purchase of the ations between the United States and an- last day of the 6-month period following the mortgage, refinancing opportunities or the other country only if there is another pilot date of examination shown on the certifi- approval of a work-out strategy by all inter- in the flight deck crew who has not yet at- cate. ested parties, and an assessment of the feasi- tained 60 years of age. ‘‘(h) SAFETY.— bility of the following measures, including: ‘‘(2) SUNSET OF LIMITATION.—Paragraph (1) ‘‘(1) TRAINING.—Each air carrier engaged in (I) waiver of any late payment change or, shall cease to be effective on such date as the covered operations shall continue to use as applicable, penalty interest; Convention on International Civil Aviation pilot training and qualification programs ap- (II) forbearance pursuant to the written provides that a pilot who has attained 60 proved by the Federal Aviation Administra- agreement between the borrower and years of age may serve as pilot-in-command tion, with specific emphasis on initial and servicer providing for a temporary reduction in international commercial operations recurrent training and qualification of pilots in monthly payments followed by a re- without regard to whether there is another who have attained 60 years of age, to ensure amortization and new payment schedule that pilot in the flight deck crew who has not at- continued acceptable levels of pilot skill and includes any arrearage; tained age 60. judgment. (III) waiver, modification, or variation of ‘‘(d) SUNSET OF AGE-60 RETIREMENT RULE.— ‘‘(2) LINE EVALUATIONS.—Not later than 6 any term of a mortgage, including modifica- On and after the date of enactment of the months after the date of enactment of the tions that changes the mortgage rate, in- Transportation, Housing and Urban Develop- Transportation, Housing and Urban Develop- cluding the possible elimination of the ad- ment, and Related Agencies Appropriations ment, and Related Agencies Appropriations justable rate mortgage requirements, for- Act, 2008, section 121.383(c) of title 14, Code of Act, 2008, and every 6 months thereafter, an giving the payment of principal and interest, Federal Regulations, shall cease to be effec- air carrier engaged in covered operations extending the final maturity rate of such tive. shall evaluate the performance of each pilot mortgage, or beginning to include an escrow ‘‘(e) APPLICABILITY.— of the air carrier who has attained 60 years for taxes and insurance; ‘‘(1) NONRETROACTIVITY.—No person who of age through a line check of such pilot. (IV) acceptance of payment from the has attained 60 years of age before the date Notwithstanding the preceding sentence, an homebuyer of an amount less than the stated of enactment of the Transportation, Housing air carrier shall not be required to conduct principal balance in financial satisfaction of and Urban Development, and Related Agen- for a 6-month period a line check under this such mortgage; cies Appropriations Act, 2008 may serve as a paragraph of a pilot serving as second-in- (V) assumption; pilot for an air carrier engaged in covered command if the pilot has undergone a regu- (VI) pre-foreclosure sale; operations unless— larly scheduled simulator evaluation during (VII) deed in lieu of foreclosure; and that period. (VIII) such other measures, or combination ‘‘(A) such person is in the employment of that air carrier in such operations on such ‘‘(3) GAO REPORT.—Not later than 24 of measures, to make the mortgage both fea- months after the date of enactment of the sible and reasonable to ensure the long-term date of enactment as a required flight deck crew member; or Transportation, Housing and Urban Develop- affordability of any mortgage retained pur- ment, and Related Agencies Appropriations suant to such activity. ‘‘(B) such person is newly hired by an air carrier as a pilot on or after such date of en- Act, 2008, the Comptroller General shall sub- (4) Activities described in subclasses (V) mit to the Committee on Transportation and (VI) (VII) shall be only pursued after a rea- actment without credit for prior seniority or prior longevity for benefits or other terms Infrastructure of the House of Representa- sonable evaluation of the feasibility of the tives and the Committee on Commerce, activities described in subclasses (I), (II), related to length of service prior to the date of rehire under any labor agreement or em- Science, and Transportation of the Senate a (IlI), (IV) and (VIII), based on the home- report concerning the effect, if any, on avia- owner’s circumstances. ployment policies of the air carrier. ‘‘(2) PROTECTION FOR COMPLIANCE.—An ac- tion safety of the modification to pilot age (5) The Secretary shall develop a listing of standards made by subsection (a).’’. mortgage foreclosure mitigation entities tion taken in conformance with this section, taken in conformance with a regulation (b) CLERICAL AMENDMENT.—The chapter with which it has agreements as well as a analysis for chapter 447 of title 49, United listing of counseling centers approved by the issued to carry out this section, or taken prior to the date of enactment of the Trans- States Code, is amended by adding at the end Secretary, with the understanding that an the following: eligible mortgage foreclosure mitigation en- portation, Housing and Urban Development, ‘‘44729. Age standards for pilots’’. tity may also operate as a counseling center. and Related Agencies Appropriations Act, (6) Any mitigation funds recovered by the 2008 in conformance with section 121.383(c) of Mrs. MURRAY. I move to reconsider Department of Housing and Urban Develop- title 14, Code of Federal Regulations (as in the vote. ment shall be revolved back into the overall effect before such date of enactment), may Mr. BOND. I move to lay that motion not serve as a basis for liability or relief in mitigation fund or for other counseling ac- on the table. tivities, maintained by the Department and a proceeding, brought under any employ- ment law or regulation, before any court or The motion to lay on the table was revolved back into mitigation and coun- agreed to. seling activities agency of the United States or of any State (7) The Department shall report annually or locality. Mrs. MURRAY. Mr. President, I ask to the Congress on its efforts to mitigate ‘‘(f) AMENDMENTS TO LABOR AGREEMENTS unanimous consent that the time just mortgage default. Such report shall identify AND BENEFIT PLANS.—Any amendment to a used be equally divided from both sides all methods of success and housing preserved labor agreement or benefit plan of an air car- between now and the hour of 7 o’clock. and shall include all recommended efforts rier that is required to conform with the re- I remind all of our colleagues that at 7 quirements of this section or a regulation that will or likely can assist in the success o’clock we will be having three votes of this program. issued to carry out this section, and is appli- cable to pilots represented for collective bar- on the amendments that are pending. AMENDMENT NO. 2845 gaining, shall be made by agreement of the The PRESIDING OFFICER. Without (Purpose: To permit pilots to serve in air carrier and the designated bargaining objection, it is so ordered. multicrew covered operations until attain- representative of the pilots of the air carrier. Mr. DORGAN. Mr. President, if I ing 65 years of age) ‘‘(g) MEDICAL STANDARDS AND RECORDS.— could inquire of the Senator from On page 16, beginning with line 8, strike ‘‘(1) MEDICAL EXAMINATIONS AND STAND- Washington, my understanding is that through line 2 on page 18, and insert the fol- ARDS.—Except as provided by paragraph (2), from 6 to 7, there was to be debate on lowing: a person serving as a pilot for an air carrier the two amendments, Senator COR- SEC. 115. MULTICREW COVERED OPERATIONS engaged in covered operations shall not be SERVICE BY OLDER PILOTS. subject to different medical standards, or NYN’s amendment and my amendment, (a) IN GENERAL.—Chapter 447 of title 49, different, greater, or more frequent medical which will then be voted on as side-by- United States Code, is amended by adding at examinations, on account of age unless the side amendments at 7 o’clock, and that the end thereof the following: Secretary determines (based on data re- I would be allotted half the time.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11388 CONGRESSIONAL RECORD — SENATE September 11, 2007 Mrs. MURRAY. That is correct. occurred in Mexico, and I will describe obtain it from the company’s records Mr. DORGAN. So let me ask unani- it with this story that I saw yesterday by the generosity of the company. But mous consent that I be allowed to morning. A terrible truck accident oc- no data bank was available. The infor- speak for 5 minutes on the Coburn curred where 37 people were killed; 150 mation wasn’t available. They were not amendment that I believe he has spo- people were injured in the blast. It left able to get information about vehicle ken about already dealing with the a crater of up to 65 feet, and that was inspections, accident reports, and driv- Peace Garden outside of that block of because one of the trucks was hauling er violations. I am sorry, that is the time, and following that 5-minute pres- explosives in Mexico. This is a great ball game, as far as I am concerned. entation, the remaining time would be tragedy, this accident; so many people This is about safety. We developed split between myself and Senator COR- were killed. Here is the crater in the standards in this country to provide NYN or his designee. I am not asking road in Mexico. One of the trucks was basic safety for the American people. If that the vote be extended; I am just carrying explosives. This was in a min- you want to obliterate those standards, saying that between now and 7 we are ing area. go ahead, but it won’t be with my sup- splitting the time with respect to the According to newspaper reports, the port and vote. The Department of truck amendments. driver of the truck that was carrying Transportation is making a mistake, in If I have 25 minutes, that is fine. the dynamite was trying to overtake my judgment. I mentioned the three Might I ask with respect to the Peace another truck carrying 25 tons of ex- areas that we are taking on faith be- Garden amendment, will there be 2 plosives in a trailer. The chief of police cause we could not get the informa- minutes on each side prior to the vote in the State where the accident took tion, and there is no such data bank. on that amendment? place said the truck was not equipped Does that make you feel comfortable? Mrs. MURRAY. Mr. President, let me to carry explosives. The driver of the It doesn’t me. let the Senator know that between truck that was carrying the explosives There are a whole series of questions votes we will have time for the Sen- fled the scene, and the bishop of the and problems raised in the IG’s report. ators to discuss the amendments. Catholic diocese in the area, the cap- Yet we are told that we have enough AMENDMENT NO. 2797 ital of the border State where the crash information, let’s just proceed. I don’t Mr. DORGAN. Mr. President, this happened said: think it is wise to proceed. issue of Mexican long-haul trucking It’s not possible to understand how a truck My colleague from Texas is going to into this country is an important issue, with 25 tons of explosives could drive on the offer an amendment that will say: No, and I have offered an amendment that highway with no type of protection. no, let’s let this proceed and see what is very simple. It is an amendment that Now, we know what would happen in happens. My colleague from Arizona is supported by a number of groups: this country if you were driving a said let’s go ahead and try this and see The Advocates for Highway and Auto truck with explosives on board. We what happens. We are going to see Safety, Citizens for Reliable and Safe have safety requirements that are what happens? No, no. In my judgment, Highways, Parents Against Tired stringently enforced. You have to have we ought to certify the ability to have Truckers, Public Citizen, the National vehicles in front and vehicles behind long-haul trucking coming from Mex- Farmers Union, the Teamsters, the and proper signage. That was not the ico into this country when we have de- Transportation Trade Department of case yesterday in Mexico. I am not sug- cided there is safety for American driv- the AFL–CIO. gesting that is a circumstance which ers and safety on American roads and In a newspaper article this morning, would exist in this country, but I am that we have been able to determine the American Trucking Association, saying we don’t have equivalent stand- that equivalent enforcement and equiv- which represents the trucking busi- ards between this country and Mex- alent standards exist. That is not now ness, and which, by the way, supported ico—not yet. Some day, when they the case. The IG’s report demonstrates the North American Free Trade Agree- exist, I will not complain about a pilot that. So I don’t understand the rush. ment, said today it has ‘‘grave con- project, but today I will complain What is the requirement for speed and cerns’’ about the Mexican trucking about it because those equivalent why the urgency? Why not stand up for pilot project. standards don’t exist. Here is the story: We passed NAFTA, the standards we have created in this Mr. President, the inspector general’s country? the North American Free Trade Agree- report described the following. I men- ment. I didn’t vote for it. It was a hor- If I might, I believe I have a copy of tion that report because last Thursday, the IG’s report. I will read something rible trade agreement, and it has dem- at 7:30 in the evening, the IG issued a onstrated over the years to be a trade else. On page 2, it says that the Federal report. The report was required be- Motor Carrier Safety Administration, agreement that does not represent our cause of an amendment I offered, and country’s interests. We turned a very which is part of the Department of others, that said the Department of Transportation, agreed to develop a small trade surplus with Mexico into a Transportation cannot move to begin a huge trade deficit. But aside from that, plan to check every truck every time. pilot project of having long-haul Mexi- They are saying: No, it is going to be in the passage of NAFTA, it was to har- can trucks come into this country monize at some point in the future the fine; we are going to check every truck until the IG has done a report. The IG coming across the border every time. ability to do long-haul trucking across did a report, and at 8:30 the Depart- Canada, the United States, and Mexico, But they say that as of July 2007, no ment of Transportation, 1 hour later coordinated, site-specific plans to but it was never anticipated that it that evening—apparently they had would start in circumstances where carry out such checks were in place. taken a speed-reading course—decided They say they would have the plans by there were not equivalent standards it was going to implement the pilot and/or enforcement with respect to August 22, 2007, but we have not re- project right then. ceived any outlines or any completed safety. Here is what the IG report says: So I have very strong concerns be- plans. While the DOT officials inspecting Mexican They say this: cause I don’t think there is any evi- trucking companies took steps to verify on- dence presented anywhere in this site data, we noted that certain information In our opinion, not having site-specific Chamber during this debate that we was not available to them. Specifically, in- plans developed and in place prior to initi- have equivalent standards and enforce- formation pertaining to vehicle inspections, ating the demonstration project will in- ment with respect to safety, and there- accident reports, and driver violations main- crease the risk that project participants will fore I don’t believe we ought to allow, tained by Mexican authorities . . . be able to avoid the required checks. at this point, the pilot project to go What does that mean? It means the Once again, they say that we will forward that will have long-haul Mexi- most important information by which check every truck every time. The IG can trucks coming into this country you would judge whether we ought to says that the way it works is we now now. allow long-haul trucks to come into have a greater risk and they will be Now, let me describe a couple of this country from Mexico is not avail- able to avoid the required checks. That things. First of all, it is coincidental, able. They go on to say that they were is not from me, it is from the IG’s re- perhaps, but yesterday, a great tragedy able to get some if they were able to port.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11389 So I offer on behalf of myself and States—are to give each other access cause they are, as a matter of fact, the Senator SPECTER an amendment—bi- to each other’s long-haul commercial law of the land, and whether I agree partisan, with a good many cospon- trucks. There was initially a refusal to with it or the Senator from North Da- sors—that says let’s stop this pilot pro- enact the provision with regard to kota agrees with it, once the matter is gram. It should not have been initiated Mexican trucks, and in 1995 Mexican adopted as a treaty obligation of the last Thursday. The House of Represent- trucks were to have been given full ac- United States, it is litigated not only atives already voted to do so by voice cess to four U.S. border States. by the NAFTA arbitration panel but by vote. The House has done this already. In 2000, under NAFTA, this 1993 trea- the Ninth Circuit Court of Appeals and I hope the Senate will do the same this ty obligation, Mexican trucks would the U.S. Supreme Court, and I think evening. have been given full access throughout his opinion or mine about whether it is My colleague will offer an amend- the United States. something we prefer to happen becomes ment that sounds as if it is wrapped in In 2001, this matter was taken to a pretty much a moot point if we are to a bouquet of flowers. The very last sen- NAFTA arbitration panel, which ruled be a nation of laws and respect the tence says: Let’s fund this project. So that the United States is in violation judgments of the courts, even if we we can skip the preamble and say: Do of its commitments under NAFTA and don’t happen to like it. you want to fund this project or not? must open up its highways to Mexican I do believe we have a high obliga- Do you believe we ought to have long- trucks. tion, however, to ensure that the haul trucks from Mexico under these In 2001, Congress passes the 2002 De- trucks on our roads live up to the high circumstances at this time or don’t partment of Transportation appropria- standards of safety the American peo- you? If you believe we are not ready, tions bill, which set 22 safety-related ple demand. So I think it is important that there is not and will not be at this preconditions for opening the border to for people to understand what this point equivalent standards and enforce- long-haul Mexican trucks. demonstration program entails because ment and, therefore, assured safety for In 2002, the Secretary of Transpor- there has been misinformation about it. the American people, if you believe tation, Norman Mineta, announced Under this program, 100 precertified that—and I think the evidence is that all of the preconditions—those 22 safety preconditions—had been met Mexican trucking companies would be clear—then you vote for the amend- able to expand operations beyond the and directed the Federal Motor Carrier ment I have offered with Senator SPEC- U.S. border zones. At the same time— Safety Administration to act on the TER and others. If you believe we and this is an important part of the should proceed with this long-haul Mexican application. In 2003, the Ninth Circuit Court of deal—100 U.S. trucking companies Mexican trucking coming into our would be allowed to operate in Mexico. Appeals delayed implementation of country at this moment, then vote This is not a one-way street; it is a this provision. But then, in June of with Senator CORNYN and his amend- two-way street when it comes to inter- 2004, the U.S. Supreme Court reversed ment. national trade and commerce. As re- the decision of the Ninth Circuit and I hope most Members of the Senate quired by Congress, Mexican trucks ruled that Mexican trucks could oper- will reject what a colleague of mine must have a U.S.-based insurance pol- ate in the United States pursuant to said last evening. This amendment is icy, must comply fully with hours of the 1993 NAFTA treaty. just making Mexico a bogeyman, I service regulations, must maintain ve- In 2007, the administration an- think is what he described. This is hicles to U.S. carrier standards, and nounced a pilot project to grant Mexi- much more serious than that. There drivers must be able to communicate can trucks from 100 transportation will be people driving up to 4-way stop in English so they can understand the companies full access to U.S. highways. signs in this country or driving down a instructions of law enforcement and In May 2007, the Iraq war supple- 2-lane or 4-lane road in this country other safety personnel. They must also mental mandates that any pilot pro- next to an 18-wheeler, and the Amer- pass drug and alcohol testing require- gram to give Mexican trucks access be- ican people want to know whether that ments. has an equivalent inspection to what yond the border region cannot begin Many of the safety provisions in- we have. Do they have logbooks and until U.S. trucks have similar access to cluded in the program the Department records, and are they obligating them- Mexico and requires a report of the Of- of Transportation has adopted, in fact, selves to the same requirements as this fice of the IG. go well beyond what Congress has re- country? The answer, quite clearly, in In September 2007, the Office of the quired to date. I am here today to have my judgment, looking at what the IG IG issued its report. The next day, the a real debate about safety and what we has said, is that there is nobody in this administration issued its first permit in Congress can do to take concrete Chamber who can give that assurance, to enter the United States under the steps to ensure the highest standards and if that is given, it is given without program. of truck safety. any documentation at all. I wish to address the concerns many The solution to me is simple, and it I have other things to say. I want of my constituents have addressed to is embodied in my amendment, which others to proceed to make their case. I me regarding the Mexican truck dem- we will have an opportunity to vote on. hope to be able to close the debate this onstration program because I think we My amendment, for the first time, will evening. ought to be guided by the facts and not make it U.S. law that every truck par- I yield the floor. solely by fear. I understand, however, ticipating in the demonstration pro- The PRESIDING OFFICER. The Sen- the fear people have of unsafe trucks gram must be inspected every 3 months ator from Texas is recognized. coming into the United States. Frank- to the same standard as U.S. trucks. Mr. CORNYN. Mr. President, I think ly, I would not for a moment tolerate Every driver entering this country it would be helpful for Members of the that, nor do I believe would any Mem- under the program will have to verify Senate to recount the history of this ber of the Congress. I firmly believe the compliance with safety requirements, pilot program because it demonstrates American people must have confidence and they would have to do so every that this pilot program was adopted as that their family’s safety is not endan- time they entered the United States. part of the treaty obligations of the gered by any truck, whether it be The Department of Transportation’s United States, dating back to 1993. I Mexican, American, or Canadian. inspector general will be required to know that seems like a long time ago. As my colleagues know, as I have certify soon after the program is fully It was certainly long before I got in the just recounted, the United States is implemented that the Department has, Congress. But I do believe this is rel- under a treaty obligation through in fact, inspected every truck and evant to the debate. NAFTA to open our interior to long- verified every driver. This is the De- Of course, in 1993, the North Amer- haul trucks from Canada and Mexico, partment of Transportation of the ican Free Trade Agreement, NAFTA, just as they are required to open their United States Government; no other was adopted. But, relevant to this highways to American truckers. I be- government. They must verify every amendment, it had the requirement lieve we should live up to our treaty truck inspection and verify every driv- that signatory countries—in other obligations, and I say that even if I er. If the inspector general of the De- words, Canada, Mexico, and the United don’t necessarily agree with them be- partment of Transportation fails to

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11390 CONGRESSIONAL RECORD — SENATE September 11, 2007 certify such, then funding for this pro- the safety of trucks on our roads and (2) No funds made available under this Act gram will be automatically suspended. make sure, whether they be American may be used for the demonstration program Under this approach, for the first trucks or Mexican trucks or Canadian if the Inspector General fails to submit the time, we will statutorily enshrine in trucks, that they are all held to the certification required under paragraph (1). American law the principle that we in- same high standard. (e)(1) Not later than 60 days before imple- menting a cross-border motor carrier inspec- spect and certify every Mexican truck My amendment will do this, and I tion program based on the demonstration that enters the United States through urge my colleagues to support it. program, the Secretary of Transportation this program. Mr. President, I reserve the remain- shall submit written notification that de- It is also worth noting that this will der of our time, and I yield the floor. scribes the Secretary’s intention to imple- be the first time in the history of the The PRESIDING OFFICER. Who ment the inspection program to— program that there will be an actual yields time? (A) the Committee on Appropriations of congressional requirement for the in- Mr. DORGAN. Mr. President, how the Senate; spector general to certify the program. much time remains on each side? (B) the Committee on Commerce, Science, Previously, Congress has only required The PRESIDING OFFICER. The Sen- and Transportation of the Senate; (C) the Committee on Appropriations of the inspector general to review the pro- ator from North Dakota has 12 minutes the House of Representatives; and gram. 6 seconds; the Senator from Texas has (D) the Committee on Transportation and Finally, my amendment will require 13 minutes 49 seconds. Infrastructure of the House of Representa- the administration to provide 60 days’ Mr. DORGAN. Mr. President, I intend tives. notice to Congress should they wish to to close debate, if possible, at some (2) The Secretary may not implement the extend or otherwise continue the dem- point. Does the Senator from Texas inspection program if Congress passes a law onstration project. Such notice will have other speakers? that terminates the program. give this body ample time to consider Mr. CORNYN. Mr. President, we are (f) In this section— the merits of the program as imple- checking, and we will be able to let you (1) the term ‘‘commercial zones’’ means mented and what modifications, if any, know momentarily. the commercial zones along the inter- national border between the United States we want to make. AMENDMENT NO. 2842 and Mexico; and By moving forward on a conditional Mr. President, I call up my amend- (2) the term ‘‘demonstration program’’ basis with a threat of a full shutdown if ment No. 2842 to the pending bill and means the cross-border motor carrier dem- the inspector general finds the program ask for its immediate consideration. onstration program that authorizes motor is noncompliant, we will further The PRESIDING OFFICER. The carriers domiciled in Mexico to operate be- incentivize the Department of Trans- clerk will report. yond the commercial zones along the inter- portation to strenuously enforce the The assistant legislative clerk read national border between the United States safety inspection and verification re- as follows: and Mexico. (g) Of the amounts appropriated for the Of- quirements under this new law. The Senator from Texas [Mr. CORNYN] pro- fice of the Secretary under this title, suffi- It is also worth noting that the De- poses an amendment numbered 2842. partment has already taken a ‘‘go cient funds shall be made available to the Mr. CORNYN. Mr. President, I ask Secretary of Transportation to carry out slow’’ approach—I am glad they have— unanimous consent that the reading of this section. planning to allow only up to 25 carriers the amendment be dispensed with. Mr. CORNYN. Mr. President, I yield per month into the program in the first The PRESIDING OFFICER. Without 4 months. Even at the height of the the floor and suggest the absence of a objection, it is so ordered. quorum. program, the Department expects a The amendment is as follows: Mr. DORGAN. Mr. President, I ask maximum of 500 to 600 trucks to par- (Purpose: To ensure that every motor carrier ticipate, compared to the millions of entering the United States through the the Senator to withhold his request for domestic and Canadian trucks that cross-border motor carrier demonstration a quorum call. currently operate on our roads. program is inspected and meets all applica- The PRESIDING OFFICER. Does the I have heard the claim has been made ble safety standards established for United Senator withhold? that there are no site-specific plans for States commercial motor vehicles) Mr. CORNYN. Yes. each point of entry to ensure compli- On page 70, between lines 20 and 21, insert Mr. DORGAN. Mr. President, will you ance with new verification and inspec- the following: notify me when I have 7 minutes re- tion standards. The Department of SEC. 194. (a) Not less frequently than once every 3 months, the Secretary of Transpor- maining? Transportation did, in fact, develop tation shall inspect every commercial motor The PRESIDING OFFICER. The Sen- site-specific plans for all 25 commercial vehicle authorized to enter the United States ator will be notified. crossings in full coordination with Cus- through the demonstration program to en- Mr. DORGAN. Mr. President, the toms and Border Protection, and other sure that every participating commercial amendment that has just been de- motor vehicle complies with all applicable relevant agencies, although they did scribed on page 4 ends with: not finish them in time for the inspec- safety standards established for United tor general’s data collection. States commercial motor vehicles. Of the amounts appropriated for the Office Furthermore, the inspector general (b) The Secretary of Transportation shall of the Secretary under this title, sufficient funds shall be made available . . . to carry raised concerns about training of State conduct an on-site preauthorization safety audit of every motor carrier domiciled in out this section. enforcement officials. Of course, any Mexico that participates in the demonstra- This is simply a mechanism to say time a new policy is enacted, there will tion program to ensure compliance with all be challenges as personnel become ac- applicable safety standards established for let’s just do this; let’s fund it. customed to the new rules. That is why motor carriers domiciled in the United The point I have made is very simple. the Department has conducted and will States. There is no treaty that would require continue to conduct rigorous training (c) The Secretary of Transportation shall this Senate to decide to have some- with State enforcement officials. And verify, at the point of entry, the safety com- thing happen on our highways that we it is important we not look to training pliance of every motor vehicle and motor ve- believe not to be safe. There is no trea- hicle operator that enters the United States ty that requires us to open our borders as a one-shot deal. Many of the lessons through the demonstration program to en- on how best to ensure the safety of sure that every motor vehicle and motor ve- to long-haul Mexican trucking at this trucks entering this country will be hicle operator meets all applicable safety moment unless we believe there is safe- learned on the ground. standards established for United States com- ty and soundness to that proposal. I do I believe that instead of trying to kill mercial motor vehicles and motor vehicle not believe that is the case. this program, which will violate the operators. Let me again describe the three con- treaty obligations of the United States (d)(1) Not later than 120 days after the ditions that represent the problem. The of America as interpreted by the U.S. commencement of the demonstration pro- suggestion that every truck will be in- gram, the Inspector General of the Depart- Supreme Court and international arbi- ment of Transportation shall submit a cer- spected every time is simply not the tration panels, we in the Congress have tification to Congress that the Secretary of case. On page 2, it says, from the in- a duty to find workable solutions that Transportation is in compliance with this spector general’s report, that it will ensure as much as humanly possible section. not be the case:

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11391 In our opinion, not having site-specific served first as a fighter pilot in Vietnam the Senate; this is a safety issue. And plans developed and in place prior to initi- where he was awarded the Distinguished Fly- if you believe that you have all of the ating the demonstration project will in- ing Cross. He later became a test pilot and assurances you need that this will be crease the risk that project participants will an instructor pilot. During his career he flew safe, then I understand your vote. But be able to avoid the required checks. almost all the planes the AF had at the time. He loved to fly and had recently been recer- if you look at what the inspector gen- This is not a legal issue; frankly, it is eral report says clearly—the inspector a safety issue. The question of accident tified so he could fly with his friend to at- tend an air show in Oshkosh, WI. During his general report says we don’t have in- reports, vehicle inspections, driver vio- career, he still made time to be my dad as a formation on these key issues, the lations, the fact there is no national soccer coach, a ski buddy, and a private issues we would need to know before we database—that is not me saying that, tutor. Later on he decided to continue to decide to allow long-haul Mexican that is the inspector general—there is serve his country by teaching high risk trucking into our country. no national database, there is no data- youth at Hollywood High School in Los An- As I indicated earlier, the American base they can go to get this informa- geles, young adults at the University of Trucking Association is an association tion, the fact that this information Phoenix and he also volunteered teaching for free at private schools. that supported the North American doesn’t exist means that we don’t know My nephew, David Michael Jennings, was a Free Trade Agreement. Clayton Boyce, what the consequences will be. great kid! He was my brother David’s only the vice president of public affairs for One of my colleagues earlier said: son and the first grandchild. He was born in the American Trucking Association, Let’s try it. That is probably fine, if he Beavercreek, Ohio. He was active in high said today, in fact: feels like pulling up to a four-way stop school. He played football, the French horn The group has grave concerns about how sign next to an 18-wheeler to try it and in the marching band, ran track, and was ac- the pilot project will be carried out and see whether there were vehicle inspec- tive in the Spanish and math clubs. David whether it will be safe. tions that were adequate or whether it was an Eagle Scout, quite an honor for any Even though they supported NAFTA. young man. He was active in his community has a driver who might have had three and his church. He volunteered as team cap- Let me say that again. The American drunk driving accidents or perhaps 10 tain for Relay for Life and the Special Olym- Trucking Association said: speeding violations nobody knows pics. Upon graduating high school, he left The group has grave concerns about how about because there is no database. home to live with my parents and attend the pilot project will be carried out and Let’s try it? How about let’s not try it junior college. He was completing his sopho- whether it will be safe. with our families or with the families more year at Mira Costa College where he I don’t believe this is a legal issue. of other Americans. was a Student Ambassador and active in stu- The PRESIDING OFFICER. The Sen- Sheryl Jennings McGurk describes dent government. He sponsored a 5K run for ator is advised that he has 7 minutes her family’s experience. I ask unani- charity and beach clean-ups in Carlsbad, CA. remaining. He was transferring to UCSD in the fall. Mr. DORGAN. This Congress has the mous consent to have printed in the On February 15th, 2005, just 8 months after RECORD a two-page statement from we were married, my mom and dad started right to make decisions about safety this woman, Sheryl Jennings McGurk. out on exciting journey to visit my oldest on our highways. We made those deci- There being no objection, the mate- brother, Bob, his wife Sandy, and their sions in many ways with respect to our rial was ordered to be printed in the youngest grandson, Jack. David volunteered internal regulations, our internal RECORD, as follows: to take my parents to the airport. Unfortu- standards, and we enforce those stand- nately, their journey was cut short only 30 STATEMENT FROM SHERYL JENNINGS MCGURK ards, but that equivalent enforcement miles from their home in Carlsbad, CA. IN SUPPORT OF DORGAN-SPECTER AMEND- does not exist in Mexico at this point. It was around 5 a.m. A truck from Mexico If it existed, we would have a database MENT, SEPTEMBER 11, 2007 was headed north on I–5 when the driver On behalf of all members of my family, in- thought he was having mechanical issues. He in Mexico that would tell us imme- cluding my parents and nephew lost in 2005 pulled his truck off the freeway to check it diately and quickly accident reports on in a horrendous and unnecessary crash with out. At that time he decided he would not be drivers and vehicles, vehicle inspec- a large truck that should never have been able to get his truck from where he now was tions, and driver violations. No such where it was, I strongly support the Dorgan/ to Los Angeles where he needed to deliver database exists, and that is the prob- Specter amendment that will prevent any his goods. He decided to take his truck back lem. That is why I think this pilot spending to carry out the Mexican truck onto the freeway and headed south. It was a project is unwise. It is why Senator pilot program begun by the federal govern- bad decision. His truck proceeded to break ment last week. We hope that telling the SPECTER, I, and others have offered an down in the middle of the freeway. My par- amendment to stop this pilot project. story of what happened to my family will ents and nephew never had a chance. help prevent others from going through what This accident was 100 percent avoidable. Mr. President, I yield the floor. we have and what we will continue to go The truck had numerous safety issues and The PRESIDING OFFICER. Who through for the rest of our lives. should not have been operating in the United yield yields time? My husband Sean and I were married on States. For this, our lives are forever The Senator from Texas. June 6th, 2004. This was an extraordinarily changed and we lost three of the most in- Mr. CORNYN. Mr. President, I guess special day for us because it was also my credible people. This loss has left a hole in I have to agree with the distinguished parent’s 45th wedding anniversary. They our lives that cannot be filled. To lose your Senator from North Dakota that there were married following my father’s gradua- mom, your dad, and your nephew; all at is no legal issue because, frankly, the tion from the first class of the United States once; is indescribable. Your world changes in legal issues have all been decided, all Air Force Academy in 1959. I had a very close an instant. the way up to the U.S. Supreme Court relationship with my mom and dad, they Please help ensure this doesn’t happen were not just my parents but they were also again. Vote for the Dorgan/Specter amend- and by the NAFTA arbitration panel. my best friends! They asked us to share this ment. Safe roads are everyone’s responsi- So, in effect, the mandate to allow date with them forever and of course we ac- bility. Mexican trucks that meet high safety cepted, hoping to be blessed with a long and Mr. DORGAN. Mr. President, she de- standards is the law of the land. The happy marriage. It was a special day shared scribes an accident south of Los Ange- question is whether we are going to by our family. les that took the life of several mem- comply with it in a way that protects My mom, Marie Jennings, was a beautiful, the safety of the driving public in stylish, lady and her bouncy and adven- bers of her family, an accident that turous personality was the perfect com- was totally avoidable, she says. I quote America. pliment to my dads more serious and quiet her last paragraph: My amendment makes clear that we should maintain and mandate high demeanor. My mom served our country first The accident was 100 percent avoidable. as the wife of an Air Force officer, and next The truck had numerous safety issues and standards, and my amendment does as a mom, raising myself and my two older should not have been operating in the United that. I would never tolerate an unsafe brothers, David and Bob; swim team, soccer, States. For this, our lives are forever truck on our American highways, par- boy scouts, girl scouts, you name it, we kept changed and we lost three of the most in- ticularly on Texas highways. I don’t her quite busy! We moved across the country credible people [from our family]. care whether it comes from Mexico or and around the world. As we grew up, she de- This was a truck from Mexico headed Canada or from the United States, we cided to use her talents by working for the federal government as a civil servant and she north on I–5, a truck that had mechan- should not tolerate unsafe trucks. did so, for 25 years. ical problems, a truck that had numer- What my amendment does is it makes My dad was an officer and gentleman! He ous safety issues. Three people are sure that those high safety standards retired as a colonel after 27.5 years. He dead. This is not a legal issue, not for are enforced and maintained.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11392 CONGRESSIONAL RECORD — SENATE September 11, 2007 I have to ask: How does it look if we what my colleagues should support, down to the Nation’s CEOs. U.S. road are going to hold trucks coming from one that is compliant with what in es- safety laws make sense. Voting for the Mexico to a different standard than we sence is the law of the land and which Dorgan amendment and voting against are with trucks coming from Canada? will protect the safety of the public. the Cornyn amendment demonstrates The suggestion is that because trucks Mr. President, I yield the floor. respect for those rules. are coming from Mexico, they are Mr. DORGAN. Mr. President, let me I urge my colleagues to vote accord- somehow incapable of meeting these yield 3 minutes to Senator BROWN, and ingly. high safety standards. I can tell my as I do that, let me say to Senator Mr. President, I yield the floor. colleagues, as somebody who comes BROWN, as I have said previously, the Mr. DORGAN. Mr. President, how from a border State with 1,600 miles of Cornyn amendment, in the last sen- much time remains? common border with Mexico, there are tence, says let us just fund the pilot The PRESIDING OFFICER. The Sen- challenges along the border, but legal project. It has a lot of bouquets ator from North Dakota has 3 minutes trade and legal commerce are impor- wrapped around it, but in the end it remaining, and the Senator from Texas tant to the people in Texas, and they says, let us just fund this project. That has 8 minutes 44 seconds. are important to the people of the is why I believe we should pass the Mr. DORGAN. Mr. President, in the United States. Dorgan, Specter, et al., amendment. interest of finishing, I will use my 3 For every truck entering into the I yield 3 minutes to Senator BROWN. minutes. United States from Mexico that has to The PRESIDING OFFICER. The Sen- Let me say that when I said this is be tested, if it fails to pass a test, it ator from Ohio. not a legal issue, my point is whether will be put out of service; for every Mr. BROWN. I thank my friend from it has been in the courts or not, we truck that is going to come into the North Dakota. make the law. We will determine to- United States under NAFTA, a truck Senator DORGAN has reviewed the nu- night our destiny. That is our responsi- will be able to travel from the United merous reasons why this pilot program bility here in this Chamber. Because States into Mexico. doesn’t make sense. It doesn’t make we write the law and make the law, we So this is a matter of enforcing free sense to compromise safety laws, will determine what the safety stand- trade requirements that are part of the whether it is road safety, food safety, ards will be for America’s roads to- law of the land that have been litigated toy safety, or truck safety. Unsafe night. My colleague from Ohio says it all the way up to the U.S. Supreme trucks on our roads, unsafe food on our very well, in my judgment. Court and about which there isn’t any tables, or dangerous toys in the hands There is an old saying: Never buy controversy. The only question that re- of our children, all of this is part of a something from somebody who is out mains is whether we are going to treat larger issue. It is about trade. of breath. There is a kind of breathless trucks from Canada and trucks from It would be easier if it weren’t. It quality to what the Department of Mexico the same. I submit we should, would be easier if we didn’t need strong Transportation did last Thursday and we should hold both to the high trade rules to ensure truck safety and night. They get the IG report at 7:30; at standards of public safety which my food safety and product safety, but it 8:30 they announced, we made a deci- amendment will require. And as I said simply doesn’t work that way. If we sion: We got the report, studied it—we earlier, if in fact trucks participating don’t require China to export products have some of the fastest lawyers in the in this program must be inspected as safe as those manufactured in the world waiting on this—and away we go. every 3 months, the same standard as United States, our children will be ex- Well, let me talk about what they U.S. trucks, every driver entering the posed to lead paint and loose parts. If missed. They missed the three key country under this program would have we don’t write trade deals, as Senator points with respect to the standards of to verify compliance with safety re- DORGAN says, that prohibit unsafe safety, because the inspector general’s quirements and they would have to do trucks from our roads, more Ameri- report said there is no databank, no so every time they enter the United cans—count on it—will be killed on our massive information with respect to States. If in fact the Department of highways. Yet we write trade deals accident reports, vehicle inspections, Transportation’s inspector general that compromise and compromise and or driver violations in Mexico with fails to certify that the program actu- compromise away the safety standards Mexican trucking. ally makes sure every truck is in- that protect our children, our pets, our The fact is they do not have equiva- spected and every driver is verified—if roads, and ourselves. lent enforcement in Mexico. That is the inspector general fails to certify to Why should we agree to a trade deal just a fact. If you think there is such—then funding for this program that turns product safety into a reac- equivalency between Canada, the would be automatically suspended. tive recall-driven enterprise? Not be- United States, and Mexico, you just So under my approach, for the first cause it serves our families but because miss it. time, we will enshrine the principle it serves multinational corporations. I had a trucker call me yesterday that we inspect and certify every single Why should we agree to trade deals who said, look, I do this for a living, truck, whether it comes from Mexico that compromise road safety? Not be- and I pull up at truckstops all over this or whether it comes from Canada, that cause it serves our families but because country. I pull up in the short-haul would enter the United States under it serves multinational corporations. areas 25 miles from the border, and I this program. Too often in both Chambers in this have talked to a lot of Mexican truck- I know that previously a letter from Congress we write trade deals that ig- ers and looked at their equipment. He the Secretary of Transportation has nore consumers, coddle corporations, said, if there are people who think been made part of the CONGRESSIONAL produce massive trade deficits, ensure there are equivalent standards, they RECORD here which addresses some of unsafe imports, and export U.S. jobs. are daydreaming. the concerns raised by the Senator Instead, we could write trade rules that Let me say this, finally. Everything from North Dakota with regard to bor- respect U.S. law and promote U.S. ex- about NAFTA has gone haywire, to use der license checks of drivers working ports. We could write trade rules that a term of art. Everything. They said for Mexican carriers. The Department keep our roads safe, our food and toys pass NAFTA, the trade agreement with of Transportation has noted that there safe, that are fair to U.S. trading part- Mexico and Canada, and things will be is a required check of the commercial ners, and best for America’s families. great. Well, we passed it. Guess what. driver’s license of each driver of a But it means letting go of expedient, We turned a small surplus into a huge Mexican domiciled carrier crossing the shortsighted, lopsided free trade deals trade deficit. They said what it will border. So I believe the concerns raised and embracing a new model. mean is low-skilled, low-wage jobs will by the distinguished Senator from Instead of trade deals designed to move to Mexico. Well, guess what. The North Dakota have been addressed by benefit top management and multi- three biggest exports to Mexico are the Department of Transportation, and national corporations, we should write automobiles, automobile parts, and given the stringent inspection require- trade deals designed to benefit every- electronics. All the products of high- ments and public safety requirements one else. I am sure the benefit of those skilled labor. Those are the jobs we of my amendment, I believe that is trade deals will ultimately trickle lost. Huge deficits, and we lost a lot of

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11393 important and good jobs. They said, we tionism versus free trade, but I guar- tween the 1930s and today, assisted in are going to cut the tariffs for accen- antee you that is a net loser for the some funding, very minimal funding, to tuating trade between the two coun- American worker. upgrade some facilities there. The fa- tries. Just months later, Mexico de- So if this is about safety, then we cilities are in substantial disrepair. valued the peso 50 percent, and all the certainly all agree. If this is about fear The Government of Canada has made a gains in the tariff cut were gone and of competition and discriminating commitment for some funds, and we then some. against Mexican trucks that are re- wish to match those funds, so that is So all of it is wrong. All of it has quired to meet the same high safety the purpose of this rather small ear- redounded against this country’s inter- standards as trucks that come from mark, but an earmark or legislative-di- est. And now the latest chapter is to Canada, then I think that sends a very rected funding, nonetheless. say, you know what, we are required to bad signal and not something the Sen- It is very important and will perform at this moment, notwithstanding what ate should endorse. a very important purpose at the Inter- the inspector general says, notwith- Mr. President, I ask my colleagues to national Peace Garden. I hope the citi- standing that there is no databank support my amendment. zens of America are as proud of the ex- with respect to vehicle inspections and If all time has been yielded back or istence of this peace garden as I am. drivers records, and so on, we are re- expired, I yield the remainder of my The peace garden actually reflects the quired to allow long-haul Mexican time. determination and the dedication of trucks into this country. Well, we are The PRESIDING OFFICER. The Sen- two wonderful neighbors, the United not required to do that. ator may yield back his time. The Sen- States and Canada, and the peaceful We are a body of lawmakers in the ator from North Dakota has no time at co-existence that has existed for some Senate and we ought to do what the present. long while. House has already done. I hope by pass- Mr. DORGAN. Mr. President, might I It has also been a place in which sem- ing my amendment we will say to the ask, we have a vote ordered by unani- inars have taken place, a band camp Department of Transportation that mous consent at 7 o’clock; is that cor- exists there, and so many other things they may not go forward with this rect? occur that are a wonderful reflection of pilot project because this is an issue of The PRESIDING OFFICER. The vote the best that is in all of us, those of us safety and we stand for safety in this is to take place at the expiration or from the United States and Canada. country. yielding back of time or at 7 p.m. My hope is my colleagues would The PRESIDING OFFICER. The Sen- Mr. DORGAN. Mr. President, I won- agree with me, the amendment by the ator’s time has expired. der if I might take 2 to 3 minutes to re- Senator from Oklahoma is not a wor- The Senator from Texas. spond to Senator COBURN’s amendment, thy amendment. Let us do what the Mr. CORNYN. Mr. President, I wish which we will vote on, I believe, during Government of Canada has already my distinguished colleagues from this group of votes. done and recognize the worth of the I ask unanimous consent to use the North Dakota and Ohio would take International Peace Gardens and dedi- time between now and 7 p.m. to re- ‘‘yes’’ for an answer. I agree with them. cate a very small amount of funding to spond to the amendment offered by Public safety is No. 1. That is what my try to respond to its facilities’ needs. Senator COBURN for which I have not amendment guarantees. It guarantees I yield the floor. inspections of trucks whether they had an opportunity to speak. AMENDMENT NO. 2797 come from Mexico or domestic Amer- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under ican trucks or whether they come from objection, it is so ordered. the previous order, the question is on Canada. AMENDMENT NO. 2812 The U.S. Federal inspectors perform Mr. DORGAN. Mr. President, Senator agreeing to amendment No. 2797 offered by the Senator from North Dakota. and Mexican trucking companies must COBURN has an objection to legislative pass a preauthorization safety audit directed spending for something called Mr. DORGAN. Mr. President, I ask conducted in Mexico by Americans the International Peace Garden. He ap- for the yeas and nays. prior to granting authority to operate parently believes that is unwarranted The PRESIDING OFFICER. Is there a beyond the U.S. border commercial spending. Many of my colleagues per- sufficient second? There is a sufficient zones. This audit includes inspection of haps will not know it by the Inter- second. vehicles the company intends to use in national Peace Garden, but it is an in- The clerk will call the roll. long-haul operations in the U.S. and a stitution that has been around since The assistant legislative clerk called thorough inspection of the company’s the 1930s. It has been supported at var- the roll. records to ensure compliance with Fed- ious times by the Government of Can- Mr. LOTT. The following Senators eral safety regulations. Vehicles not ada and by the Government of the are necessarily absent: the Senator inspected cannot be used for long-haul United States. It exists between the from Idaho (Mr. CRAIG) and the Senator operations in the United States. Every United States and Canada and is a won- from Arizona (Mr. MCCAIN). inspector reviews Federal safety regu- derful and a remarkable place. I would The PRESIDING OFFICER. Are there lations with the carrier, including encourage all of my colleagues to visit any other Senators in the Chamber de- those governing driver hours of service, the International Peace Garden at siring to vote? to ensure the carrier is knowledgeable some point. The result was announced—yeas 75, of and comprehends the Federal Motor We have a substantial number of nays 23, as follows: Carrier Safety regulations. buildings at the International Peace [Rollcall Vote No. 331 Leg.] This is not about safety, because we Garden that are in some disrepair. The YEAS—75 all agree that is nonnegotiable, and my Government of Canada and the Govern- Akaka Conrad Klobuchar amendment protects public safety. So ment of Manitoba have agreed to par- Alexander Corker Kohl Barrasso Crapo Landrieu what is it about? It is apparently about ticipate in some funding. The amount Baucus Dodd Lautenberg protectionism; it is apparently about of funding that is in the appropriations Bayh Dole Leahy fear of competition in the marketplace. bill is $450,000, and it represents the Biden Dorgan Levin It is fear of free trade, which, to my kind of commitment that our Federal Bingaman Durbin Lincoln Boxer Ensign McCaskill way of looking at things, provides new Government has made in the past to Brown Enzi Menendez markets to American producers, new maintain this wonderful institution Brownback Feingold Mikulski opportunities, more revenue, and cre- called the International Peace Garden. Byrd Feinstein Murray Cantwell Graham Nelson (FL) ates more jobs right here at home. We are proud of that institution, and Cardin Harkin Nelson (NE) Why in the world would we want to sufficiently so that we put it on our li- Carper Hatch Obama do anything that would discourage job cense plates in North Dakota—The Casey Inhofe Pryor creation and greater prosperity here at Peace Garden State. We are enor- Chambliss Inouye Reed Clinton Isakson Reid home by opening up new markets and mously proud it exists in our State. Coburn Johnson Roberts new opportunities to American pro- But as I have indicated previously, the Coleman Kennedy Rockefeller ducers? We can try the way of protec- Congress has, on previous occasions be- Collins Kerry Salazar

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11394 CONGRESSIONAL RECORD — SENATE September 11, 2007 Sanders Snowe Voinovich Dorgan-Specter amendment will decide The Federal transportation programs Schumer Specter Warner Sessions Stabenow Webb to vote against the Cornyn amend- do provide flexible funding for States Shelby Tester Whitehouse ment, which funds the very program and localities to set aside Federal Smith Thune Wyden against which the Senate has just money for bike and walking trails, yet NAYS—23 voted. States tend to fund trails as a last re- Allard Domenici Lugar The PRESIDING OFFICER. The sort—only if they can’t use that money Bennett Grassley Martinez question is on agreeing to the amend- for roads and intersections. Bond Gregg McConnell ment. For example, in fiscal year 2006, Bunning Hagel Murkowski Mr. CORNYN. Mr. President, I ask States rescinded $602 million of Trans- Burr Hutchison Stevens for the yeas and nays. portation Enhancements funds, 15 per- Cochran Kyl Sununu Cornyn Lieberman Vitter The PRESIDING OFFICER. Is there a cent of all rescissions in that year. A DeMint Lott sufficient second? more proportional share would have NOT VOTING—2 There is a sufficient second. been closer to 3 percent. The Conges- Craig McCain The clerk will call the roll. tion Mitigation Air Quality program, The bill clerk called the roll. or CMAQ, accounts for approximately The amendment (No. 2797) was agreed Mr. LOTT. The following Senators 4–5 percent of highway apportionments to. are necessarily absent: the Senator each year but CMAQ funds have ac- Mrs. MURRAY. Mr. President, I from Idaho (Mr. CRAIG) and the Senator counted for about 20 percent of total move to reconsider the vote. from Arizona (Mr. MCCAIN). highway funds rescinded in recent Mr. BOND. Mr. President, I move to The PRESIDING OFFICER (Mr. years. CMAQ and Transportation Enhance- lay that motion on the table. BROWN). Are there any other Senators The motion to lay on the table was in the Chamber desiring to vote? ments are the major sources of funding agreed to. The result was announced—yeas 29, for bicycle facilities in cities and com- nays 69, as follows: munities across the country. CHANGE OF VOTE Given such drastic rescissions at the Mrs. DOLE. Mr. President, on rollcall [Rollcall Vote No. 332 Leg.] YEAS—29 State level, communities are increas- vote 331, I voted ‘‘nay’’ when it was my ingly approaching Congress for help to intention to vote ‘‘yea.’’ Therefore, I Alexander Collins Lieberman fund their local trail construction and ask unanimous consent that I be per- Allard Cornyn Lott Bennett Crapo Lugar expansion projects. mitted to change my vote since it will Bond DeMint Martinez Incorporating bike and pedestrian not affect the outcome. Bunning Domenici McConnell trails and access into transportation The PRESIDING OFFICER. Without Burr Grassley Murkowski Carper Gregg systems and planning is essential for objection, it is so ordered. Stevens Chambliss Hutchison Sununu safety. Cochran Isakson (The foregoing tally has been Vitter Bicycling and walking currently ac- changed to reflect the above order.) Coleman Kyl count for 10 percent of trips and 13 per- AMENDMENT NO. 2842 NAYS—69 cent of fatalities nationally, but re- The PRESIDING OFFICER. There Akaka Feingold Nelson (NE) ceive less than 2 percent of Federal will now be 2 minutes of debate equally Barrasso Feinstein Obama transportation funds. Baucus Graham Pryor In Illinois, such fatalities are worse divided for debate prior to a vote in re- Bayh Hagel Reed lation to the Cornyn amendment. Biden Harkin Reid than the national average. For exam- The Senator from Texas. Bingaman Hatch Roberts ple, 15.1 percent of traffic deaths in Illi- Mr. CORNYN. Mr. President, my Boxer Inhofe Rockefeller nois in 2000–2001 were people on foot or Brown Inouye Salazar bicycle. amendment mandates that the Depart- Brownback Johnson Sanders ment of Transportation can inspect Byrd Kennedy Schumer It is no coincidence that Illinois’ Mexican trucks, Canadian trucks, and Cantwell Kerry Sessions numbers of pedestrian and bike fatali- American trucks by exactly the same Cardin Klobuchar Shelby ties were so high at that time, consid- Casey Kohl Smith high public safety standards. Clinton Landrieu Snowe ering that we did not spend any of our If, in fact, under this pilot program Coburn Lautenberg Specter Federal safety dollars on bicycle or pe- those requirements are not met, it Conrad Leahy Stabenow destrian projects between 1998–2001. Corker Levin Tester With that lack of investment, this is defunds this pilot program that is part Dodd Lincoln Thune of our compliance with our 1993 treaty Dole McCaskill Voinovich no time to cut funding. The U.S. De- agreements under NAFTA. Dorgan Menendez Warner partment of Transportation knows this I urge my colleagues to support it. Durbin Mikulski Webb as well. In its policy statement entitled Ensign Murray Whitehouse ‘‘Accommodating Bicycle and Pedes- The PRESIDING OFFICER. The Sen- Enzi Nelson (FL) Wyden ator from North Dakota. trian Travel: A Recommended Ap- Mr. DORGAN. Mr. President, if you NOT VOTING—2 proach,’’ the U.S. DOT states: voted to shut down this program of Craig McCain There is no question that conditions for bi- long-haul trucks into the United The amendment (No. 2842) was re- cycling and walking need to be improved in every community in the United States; it is States from Mexico, Senator CORNYN jected. no longer acceptable that 6,000 bicyclists and says: You were wrong. In his amend- Mrs. MURRAY. I move to reconsider pedestrians are killed in traffic every year, ment, page 4, it says: We shall fund, the vote and I move to lay that motion that people with disabilities cannot travel sufficient funds shall be made available on the table. without encountering barriers, and that two to the Secretary of Transportation to The motion to lay on the table was desirable and efficient modes of travel have carry out this section. agreed to. been made difficult and uncomfortable. The reason I believe that is inappro- Mr. DURBIN. Mr. President, I share My hometown of Springfield, IL, has priate is the inspector general last Senator COBURN’s concern for our Na- been trying to keep pace with trail ac- Thursday night said this: They could tion’s bridges, but I must oppose his cess and pedestrian safety even while not get information about Mexican amendment. We cannot fund our Na- the road system is growing. The Inter- trucks with respect to vehicle inspec- tion’s infrastructure on the backs of urban Trail was started several years tion, accident reports, and driver viola- crucial road safety projects that save ago with assistance from State, Fed- tions. Why couldn’t they? Because tax dollars and lives. eral and local resources. Approxi- there is no database available. None The Senator’s amendment specifi- mately 5 miles in length, the trail ex- available. cally eliminates crucial funding for tends from Springfield to the Village of There will come a time when this is bike and pedestrian trails in Illinois Chatham with little to no vehicular just fine, but it is not now. The first and across the country. His amend- cross traffic or intersections. and most important concern at this ment will have seriously adverse con- I have been on the trail and let me point is safety on the roads of this sequences for millions of Illinois resi- tell what I see. People on bikes, hikers, country. I hope those who voted for the dents. joggers, walkers, moms and dads with

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11395 strollers. The community loves the town’s four public schools where none nois. The last gap in the region’s 50+ trail. The Springfield Park District es- now exist. mile Fox River Trail is in downtown timates tens of thousands of users each Having already installed nearly 3,000 Aurora. year. feet of trails and raised nearly $130,000 Elgin, a village close in size and loca- Regional planners are building on the to continue the project, the trail sys- tion to Aurora, completed its Fox Interurban Trail as the starting point tem will promote alternate forms of River Trail gap to help spur successful for future development of other trails, transportation throughout the village. downtown redevelopment. Similarly, including the Sangamon Valley Trail. The village of Manteno supports this Naperville, IL, has over 100 people And it’s not just recreational. Many trail funding, including the village biking to their commuter rail station residents of Chatham and Springfield chamber of commerce, the school dis- daily, partly due to their bike network. use this trail system as an alternative trict, the Village President, the village Aurora wants to repeat these suc- to roads for commuting to and from trustees, and the local Parks and cesses. work. Recreation Commission. This amendment would take away an Unfortunately, a major new con- Given our increasing dependence on important economic tool and would struction project to extend MacArthur foreign oil and increasing traffic con- bring decreased investment and eco- Boulevard threatens the Interurban gestion, we need bike and pedestrian nomic activity to towns that need it. Trail. trails to save gas and minimize conges- Tailpipe emissions from automobiles The Interurban Trail needs to be re- tion. and trucks account for almost half of located because of the construction and These bike and trail projects can Chicago’s air pollution, contributing to several new high speed intersections. spur economic development and bring asthma and other respiratory problems This proposed amendment would increased economic activity and tour- suffered by more than 650,000 people in mean the bike and walking trails in ism for a small investment. Metropolitan Chicago. Springfield either shut down or go The Grand Illinois Trail, GIT, is a The U.S. Environmental Protection through new, high-speed intersections great example. This Trail was first con- Agency has noted the benefits of alter- that we know statistically are likely to ceived of in the mid-1990s by the Illi- native modes of transportation for re- result in loss of life. nois Department of Natural Resources ducing transportation emissions while This amendment would be a huge and is overwhelmingly supported by also reducing traffic congestion. step backward for safety in transpor- cities and villages, forest preserve and The 2001 U.S. National Household tation. conservation districts, as well as com- Travel Survey tells us that in metro- The CDC has shown that since the merce and community-based organiza- politan areas more than 40 percent of mid-70s, the prevalence of overweight tions. trips are two miles or less—a very and obesity has increased sharply for The Grand Illinois Trail is a loop manageable bike ride and more than both adults and children. Data from that circles northern Illinois stretch- one-quarter are just one mile or less. two CDC surveys show that among ing from Lake Michigan to the Mis- Furthermore, the data shows that adults, the prevalence of obesity in- sissippi River and back—over 500 miles within the 28 percent of the trips that creased from 15 percent in 1980 to 33 in all. It encompasses smaller trails are one mile or less in urbanized areas, percent in 2004. such as the Great River Trail in Sa- 66 percent are made by car. A 2003 study shows that by the age of vanna, IL, and the GIT Carbon Cliff. These short trips are the most pol- 40, a nonsmoking obese woman loses 7.1 Approximately 90 percent of the luting and the easiest to switch to bi- years of life expectancy, and a non- route is in place and you can bike, cycling. smoking obese man loses 5.8 years. hike, horseback ride, cross country ski, At a time when these communities And the obesity epidemic is spread- snowmobile, and canoe through the are seeking to reduce traffic conges- ing to our children at an alarming rate. scenic landscape of northern Illinois tion, improve air quality, increase the In 2004, an estimated 9.9 million chil- and along Chicago’s Lakefront, Illinois’ safety of their neighborhoods, and de- dren and teens were considered over- beautiful rivers, historic canals and crease petroleum dependence, bicycles weight. They are taking in too many scenic country roads. offer a relatively simple, energy-saving empty and fat-laden calories and not One goal of this loop trail is to en- alternative to driving. exercising enough. sure safe passage from one local trail Bicycles have no carbon emissions Moreover, physical activity need not to the next. In Savanna, IL, a new trail and don’t contribute to smog. If each of be strenuous to be beneficial. For ex- leading to town is cut off from the the three million households in north- ample, CDC research shows that adults highly popular Great River Trail by a eastern Illinois walked or biked just benefit tremendously from moderate frightening 1.4 mile stretch of Illinois one mile every day, we would reduce exercise, such as 30 minutes of brisk 84—a real safety issue for bicyclists daily vehicle emissions by more than walking most days of the week. and hikers using the trail. 1800 kilograms. Multilane roads have replaced side- The Grand Illinois Trail is supported Senator COBURN has called these walks and bike paths. Children’s play by the Illinois Departments of Com- projects pork-barrel spending. This spaces are far away or unsafe. Design- merce and Community Affairs and flies in the face of the overwhelming ing communities so that children have Transportation, the Illinois Historic local support for these modest projects. ample opportunity for physical activ- Preservation Agency, the Illinois Chap- Bike and pedestrian projects have the ity is in our country’s best interests. ter of the Rails-to-Trails Conservancy, most support from the communities These bike and trail projects promote The League of Illinois Bicyclists, the back home, from the block associa- exercise and healthy physical activity Illinois Trail Riders and the Illinois tions and bike groups who use the like biking, walking and running. They Association of Park Districts. streets and know that without this also give people the option of walking Trails are becoming common in resi- Federal investment, the streets will or biking to get to work, school or dential neighborhoods. Development continue to not be adequate to walk, shop. plans for homes, apartments, and town- jog, or bike on. Manteno, IL, is working to accom- houses often include footpaths to en- Beyond community support, these plish just that. The village of Manteno hance recreational opportunities and trails actually connect communities. has developed a plan to create a vil- property values. Look at the trail along the Calumet lage-wide trail system to connect ex- Bike and pedestrian trails bring cus- River in Chicago’s Southland. This isting parks, schools, and community- tomers to local businesses and have project, referred to as the Cal-Sag use buildings. been used as cheap, effective ways to Trail, is a 26-mile nonmotorized cor- The project proposes 15,000 linear feet spur downtown redevelopment across ridor that is carved into racial and of a 10-foot-wide trail for walking, for the country. A modest investment into socio-economic chunks along the align- bicycles and for wheelchairs. The north bike-friendly design can bring huge ments of major transportation cor- section will connect county Highway 9 economic benefits. ridors: major streets and intersections, to Lake Manteno Road and Maple Aurora, IL, is nearing completion of expressways, rail lines, the Calumet- Street—creating access to three of the the Fox River Trail in northern Illi- Sag itself.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11396 CONGRESSIONAL RECORD — SENATE September 11, 2007 These transportation facilities are going to try to work out a final agree- Levin Obama Specter also barriers when they serve as con- ment on whether to have those votes Lieberman Pryor Stabenow Lincoln Reed Stevens venient boundaries when planning tonight or the first thing in the morn- Lugar Reid Sununu housing, economic opportunities, ing. But if we can get a final list of McCaskill Roberts Tester school affiliations, and other issues re- amendments, we will let all Senators McConnell Rockefeller Thune Menendez Salazar lated to quality life. The Cal-Sag Trail know, by the end of the next vote, what Voinovich Mikulski Sanders Warner Murkowski Schumer has the potential to help cross all of the path forward is, following this Webb Murray Shelby those lines, connecting many types of vote. Whitehouse Nelson (FL) Smith Wyden neighborhoods that exist in the re- I believe the Senator from Oklahoma Nelson (NE) Snowe gions, allowing anyone, regardless of wants to speak on this amendment. ability or background, free passage to The PRESIDING OFFICER. Who NAYS—18 resources and opportunities—it will be yields time? Allard Cornyn Isakson Bennett Crapo Kyl the first trail development in the re- Mr. LOTT. Mr. President, he yields Bunning DeMint Lott gion that raises the social equity of all back. Burr Graham Martinez the communities it serves. The PRESIDING OFFICER. Is all Chambliss Grassley Sessions A majority of the public—53 per- time yielded back? Coburn Inhofe Vitter cent—favors increasing Federal spend- Mrs. MURRAY. Mr. President, I yield NOT VOTING—2 ing to build more bike paths for easier back. Craig McCain and safer bicycling, even if it means Mr. COBURN. Mr. President, I ask The motion was agreed to. fewer gas-tax dollars go to building for the yeas and nays. Mr. DURBIN. Mr. President, I move roads. The PRESIDING OFFICER. Is there a Half of the public—50 percent—favors to reconsider the vote. sufficient second? Ms. STABENOW. I move to lay that requiring new road construction and There appears to be a sufficient sec- maintenance projects to include bicy- motion on the table. ond. The motion to lay on the table was cle paths, even if it would mean less The yeas and nays were ordered. room for cars and trucks. agreed to. Mrs. MURRAY. Mr. President, I Mr. WARNER. I am sorry to take the And the projects that the Senator in- move to table the amendment and ask tends to cut come to us directly from time of the Senate, but this amend- for the yeas and nays. ment affects the State Senator WEBB the people who do not have the usual The PRESIDING OFFICER. Is there a flashy, well-funded advocacy cam- and I are proud to represent, and there sufficient second? are just some mistaken facts I want to paigns we are used to here in the Con- There appears to be a sufficient sec- gress. clear up in the record. ond. The proponent of the amendment This was very apparent during debate The question is on agreeing to the of the last transportation bill. Of the said that this thing would cost $16 mil- motion to table the Coburn amend- lion, a bike path, but in effect it ended 1,912 registered lobbyists affiliated ment. with the Transportation bill, only up costing $1.2 million. The bike path Mr. COBURN addressed the Chair. was a part of a larger project of $210 three represented bicycling. The PRESIDING OFFICER. The Sen- They didn’t need lobbyists because million under the SAFETEA-LU law, ator from Oklahoma will state his in- we all heard from the local citizens and and there was no earmark that we can quiry. small businesses on the street about find. It was required by the Federal au- Mr. COBURN. Mr. President, I asked the need for us to make our roads and thorities to build a bike path as replac- for the yeas and nays. streets safer. And we incorporated that ing a bridge. So I am sorry. I tried to The Chair asked whether there was a need into the last transportation bill help my colleague, but I just got this sufficient second. There was a suffi- and these projects continue that effort. information. I have been in a hearing Besides those who bike by choice, cient second. And then a motion was all day, or most of the day, in the Government agencies should have an made to table. Armed Services Committee. But I will obligation to make transportation The PRESIDING OFFICER. The yeas amplify this for the record. I apologize, safer for those who bike—or walk—out and nays on the amendment do not pre- but I felt it important that the record of necessity—often for economic—or clude a motion to table. be corrected. age—reasons. Mr. COBURN. Thank you. I yield the floor. 8.3 percent of American households The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- do not own cars, including 26.5 percent clerk will call the roll on the Murray ator from Virginia is recognized. of those with incomes under $20,000— motion to table the Coburn amend- Mr. WEBB. Mr. President, I would 2001 National Household Travel Survey. ment. like to associate myself with the re- Transit is not the entire answer for The legislative clerk called the roll. marks of the senior Senator from Vir- these people—many of whom rely on Mr. LOTT. The following Senators ginia and express my appreciation to bikes to get around. are necessarily absent: the Senator him for having caught this inaccuracy Therefore, I urge my colleagues to from Idaho (Mr. CRAIG) and the Senator that was being spoken about on the join me in opposing this amendment. from Arizona (Mr. MCCAIN). floor. AMENDMENT NO. 2811 The PRESIDING OFFICER. Are there With that, I yield the floor. The PRESIDING OFFICER. Under any other Senators in the Chamber de- Mr. WARNER. Mr. President, if I the previous order, there are now 2 siring to vote? might add, we were both at the hearing minutes equally divided for debate The result was announced—yeas 80, in the Senate Armed Services Com- prior to a vote in relation to Coburn nays 18, as follows: mittee when the staffs frantically con- amendment No. 2811. [Rollcall Vote No. 333 Leg.] tacted us to try to correct this factual The senior Senator from Washington YEAS—80 error. is recognized. Akaka Casey Feinstein Mr. REID. Mr. President, I will short- Mrs. MURRAY. Mr. President, for the Alexander Clinton Gregg ly ask that a quorum call begin. We are information of all Senators, we are now Barrasso Cochran Hagel very close to being able to have some- Baucus Coleman Harkin going to move to a Coburn amendment. Bayh Collins Hatch thing worked out. I have had conversa- We will have 2 minutes equally divided Biden Conrad Hutchison tions with my Republican counterpart. and a vote. We are very close to fin- Bingaman Corker Inouye What we will do—and the staffs are Bond Dodd Johnson ishing this bill. There are some amend- Boxer Dole Kennedy working on a unanimous consent ments in a managers’ package on Brown Domenici Kerry agreement—we have maybe a Coburn which we are moving rapidly forward. Brownback Dorgan Klobuchar amendment, we have a DeMint amend- We have a couple of Senators who may Byrd Durbin Kohl ment, and we have two Menendez Cantwell Ensign Landrieu require a vote on an amendment and Cardin Enzi Lautenberg amendments. That is likely all we have final passage. In the next vote, we are Carper Feingold Leahy to finish this bill. We want the debate

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11397 to be completed on all of these amend- March, the city broke ground on this The PRESIDING OFFICER. The sen- ments except for we have asked—Sen- new stadium. ior Senator from Washington is recog- ator KENNEDY has asked and Senator The new stadium will be a state-of- nized. DEMINT has asked that they have 20 the-art venue that will meet the needs Mrs. MURRAY. Mr. President, I now minutes equally divided in the morn- and wishes of the citizens of Billings to ask unanimous consent that the fol- ing. That will be the only debate in the have a facility that can be a safe, lowing be the only amendments, other morning. We will debate the rest of the multi-use venue to host baseball than a managers’ amendment that has amendments tonight and we will vote games, concerts, festivals, and mar- been cleared by the managers and the on them in the morning. I think that is kets. leaders, remaining to H.R. 3074; that no in keeping with what my colleagues on More importantly, the new stadium second-degree amendment be in order the other side of the aisle think would will be an economic development cen- prior to a vote in relation to the be the best way to dispose of this. I ter located in one of Billings’ oldest amendment: Coburn amendments 2812 think they are right. neighborhoods in need of a shot of revi- and 2814 en bloc; DeMint amendment So I am going to suggest the absence talization. relating to Davis-Bacon; Menendez of a quorum, and we will see if we can This new stadium will spur redevel- amendment No. 2826; Menendez amend- get the staff to bring that out to us opment efforts that are so needed in ment No. 2834; that there be 2 minutes very quickly. It should be within the this area of downtown Billings. Over for debate prior to each vote, with the next few minutes. 100,000 people attended events at Cobb time equally divided and controlled in I note the absence of a quorum. Field last year. For a state with 900,000 the usual form; that after the first vote The PRESIDING OFFICER. The people, that’s a lot. With the new sta- in the sequence, the remaining votes be clerk will call the roll. dium, it is estimated that there will be limited to 10 minutes; that upon dis- The assistant legislative clerk pro- a 100 percent increase in ticket sales. position of the listed amendments, the ceeded to call the roll. Last November, voters approved a bill be read the third time, and the Mr. BAUCUS. Mr. President, I ask bond election authorizing the city of Senate proceed to vote on passage of unanimous consent that the order for Billings to sell bonds up to $12.5 mil- the bill; that the Coburn and Menendez the quorum call be rescinded. lion to design a new 3,500-seat baseball amendments be debated during today’s The PRESIDING OFFICER. Without and multi-use stadium. The people of session; that when the Senate resumes objection, it is so ordered. Billings have stepped forward with the consideration of the bill on Wednesday, The senior Senator from Montana is lion’s share of the costs of the stadium. September 12, there be 20 minutes of recognized. In addition, Montanans have donated debate with respect to the DeMint Mr. BAUCUS. Mr. President, I have a over $2 million in private pledges to amendment, with the time equally di- short statement with respect to a vote offset the taxpayers’ costs of repaying vided and controlled between Senators we are going to take tomorrow. the $12.5 million in bonds. DEMINT and KENNEDY, or their des- AMENDMENT NO. 2814 Because of the local funding that has ignees; and that no points of order be In one of my favorite movies, a base- been secured for the project, our Mon- considered waived by this agreement. ball field is built in the middle of Iowa tana delegation has requested $500,000 The PRESIDING OFFICER. Is there and becomes a mecca for baseball play- in Federal funding to support the funds objection? ers and fans that seemingly come from that the local community has already Mr. MENENDEZ. Reserving the right anywhere and everywhere to watch stepped forward with. to object, Mr. President, I had dif- baseball. Today in Billings, MT, folks I have fought hard over the years for ficulty hearing the Senator. On the are hoping that the popular movie my home State of Montana. My col- DeMint amendment, did I hear there ‘‘Field of Dreams’’ was right. ‘‘If we league from Montana, Senator TESTER, was no time limit? build it, they will come.’’ has done the same. Each year, I make Mrs. MURRAY. No. Baseball is America’s game. It is part requests to the Appropriations Com- Mr. MENENDEZ. I have no objection. of what defines us as Americans. There mittee to provide funding for worthy The PRESIDING OFFICER. The ma- is something special about sitting in Montana projects. I stand behind the jority leader is recognized. the bleachers on a summer’s evening, requests I make. Mr. REID. Mr. President, we have not eating peanuts, and watching a good A vote for the Coburn amendment is yet worked out with the minority our baseball game. For over 60 years now, a vote against me and the people of being able to go to conference on this. the best venue to watch a baseball Montana. We will remember. We feel positive we can do that tomor- game in Montana has been historic This is such a small amount of Fed- row. We need to do this. We are in the Cobb Field in Billings—Montana’s larg- eral dollars compared to the contribu- process of going to conference on the est city. tion the people of Billings are making three bills we have already passed. We Opening in 1948, Cobb Field is the that I believe voting for Cobb Field is had meetings at the White House longtime home of the Billings Mus- something Montanans prefer, but I today. We believe it is most appro- tangs, a minor league baseball team. It think the people across this whole priate to send the President bill after also serves NCAA baseball as well as country who are big baseball fans bill rather than a big bunch at the American Legion baseball. would also agree. same time. We hope that by tomorrow Many notable professional baseball Mr. President, I yield the floor. we can work it out so we can go to con- players—Dave McNally, George Brett, The PRESIDING OFFICER. The sen- ference. I have no objection. Trevor Hoffman, Rob Dibble, Paul ior Senator from Texas is recognized. The PRESIDING OFFICER. Is there O’Neill, and Stormin’ Gorman Thomas, Mrs. HUTCHISON. Mr. President, objection? Without objection, it is so to name a few—have at one time called parliamentary inquiry: Is the floor ordered. Cobb Field ‘‘Home.’’ open for debate? Mrs. MURRAY. Mr. President, with Unfortunately, Cobb Field is an The PRESIDING OFFICER. It is open that agreement, Senators should un- above-ground wooden structure sta- for debate. derstand that tomorrow morning we dium that is not compliant with build- Mr. REID. Mr. President, if the Sen- will come in, there will be 20 minutes ing codes. Despite several major ren- ator would be kind enough to withhold of debate between Senators DEMINT ovations and repairs, the stadium con- for a moment. We just want to get Sen- and KENNEDY on the DeMint amend- tinues to deteriorate at an increasing ator BOND so we can do the unanimous ment. We will go immediately to the rate due to water damage and wood consent agreement, and then you four votes on amendments, with final rot. Conditions are unsafe for Mon- would be recognized first as soon as passage to be completed in the morn- tanans who want to watch a baseball they finish that. Would that be OK? ing. With that, there will be no more game, particularly for children and Mrs. HUTCHISON. If I could be the votes tonight. Montanans with disabilities. first recognized after the unanimous The PRESIDING OFFICER. The sen- To solve this problem, the people of consent. ior Senator from Texas is recognized. Billings have decided to build a new The PRESIDING OFFICER. Without Mrs. HUTCHISON. Mr. President, I stadium to replace Cobb Field. In objection, it is so ordered. rise to talk about this bill and to bring

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11398 CONGRESSIONAL RECORD — SENATE September 11, 2007 up an issue that I think is going to be- for another opportunity to use a road ment pending before the body that come more and more apparent as a that they have already paid for. I am would strike funding for the Inter- problem for our Interstate Highway going to resist that. But the chairman national Peace Garden in my State of System. I had hoped to offer an amend- of the highway commission did make a North Dakota. This measure calls for a ment that would attempt to begin to very important point, and that was, modest amount of money—$450,000—to solve this problem, but the managers just tell us what the rules are. There support the International Peace Gar- have resisted having authorization on are not rules that lay out how we can den. The International Peace Garden an appropriations bill, and I under- address the transportation issues in has been a proud monument to the his- stand their concern. However, this is the States, and I think every State is tory of good relations between the an issue that must be dealt with. If we probably facing this problem. He was United States and Canada for many cannot deal with it on an appropria- honest enough to say just give me the years. tions bill, hopefully, next year we can rules, tell me what I can do, and we Canada contributes, the State of begin to discuss the alternative for the will work with that. North Dakota contributes, and the next authorization of highway funds, Of course, a donor State such as ours Province of Manitoba contributes. and certainly, it is a universal issue is sensitive to the fact that we don’t There has been a history of Federal that must come up. get back one dollar for every dollar support, and now the Senator from This is the issue. There is more and that is put into the highway system. I Oklahoma, for some unknown reason, more interest in putting tolls on high- think we have done a better job at a has picked out the International Peace ways. Well, I think if a local govern- time when we start looking at parity Garden as something to eliminate from ment or State government wants to in the highway fund, and I think a fair Federal support. have a toll highway, they should go conclusion would be that the Interstate This is a story from October of last Highway System has been built and through all of the processes—a vote of year in the Minot Daily News, saying: let’s make sure that every State now the people, or a vote of the elected offi- ‘‘Peace Garden Is In Need: Garden In has the ability to use its own taxpayer cials—so the elected officials are ac- Dire Need Of Money For Repairs, Oper- funds to build its own roads. I think countable to do that. ations.’’ parity should be the end result, and I Our Interstate Highway System was Why on earth the Senator from Okla- think we should be there now. Unfortu- created in the Eisenhower administra- homa has picked on the International nately, for a lot of history and a lot of tion for the purpose of having a free Peace Garden as something to elimi- nostalgia about the Interstate Highway highway system that would connect nate leaves me scratching my head. System, that is not a fight that we can our country all the way from the West This is a picture of the International have today. It is not a fight that we to the East, from the North to the Peace Garden. It is on the border be- will be able to solve tonight. tween our country and Canada. It South. It was for security purposes but I do want to bring to the attention of also for commerce. the Senate the fact that we should not stands as testimony to the peaceful re- The highway fund was created be- allow, on a piecemeal basis, one high- lations we have enjoyed on this border cause the Western States were small way segment at a time, to all of a sud- for our history. You can see in this and they did not have the capability to den wake up and find that we don’t photo these are absolutely beautiful raise the funds to build their highways. have an Interstate Highway System gardens, with these memorial towers. Many States are donor States and have that is in place as it was created to This is the site of an international built these highways—especially out in be—a free highway for the citizens of music camp that is conducted every the West. State leaders are now trying this country to be able to travel any- year, which is world class. It is has at- to take these Federal highways and put where in our country on an interstate tracted some of the world’s greatest tolls on them and use those highway system that works. We are going to musicians. tolls for other purposes—in some cases, wake up to this scenario if we allow For some reason, the Senator from for mass transit; in some cases, it what is happening right now to con- Oklahoma says none of this has any would be going into other State tinue unabated. So I am going to do ev- value. Let’s just cut it all, eliminate projects. erything I can in my power to see that all $450,000, which, I might say, is a I think this is a dangerous precedent. this scenario does not occur. I am modest amount of money in the con- It is dangerous to start taking high- going to do everything in my power to text of an International Peace Garden. ways built with Federal taxpayer dol- see that Texans do not have tolls put This is a monument on the grounds of lars and put tolls on them and, in some on our Federal highway system. I the garden, which consists of girders cases not even reimburse the Federal think we need a policy that would be from the World Trade Center. Our Gov- taxpayers. I still think it would be nationwide, so that every taxpayer who ernor and the Manitoba Premier were wrong to allow the buyback of a Fed- has already paid for these roads would just here today to commemorate the 9/ eral highway by a State and then for not be tolled again for the ability to go 11 anniversary. The Senator from Okla- the State to put a toll on it. In some and use those roads. We are not going homa says this has no value. cases, we are looking at tolls being put to solve that problem tonight, but it is Sometimes things that are not a road on an entire freeway—not just one lane going to be a major effort I will make or a bridge or a battleship have value. but the entire freeway. in the future to solve this problem. I The International Peace Garden has In fact, I think if you want to toll a ask the authorizing committee, when value. The people of North Dakota pro- lane on a Federal highway to build a they do reauthorize the highway pro- vide money to support it. The people of new lane to add to the number of free gram, which will have to be reauthor- Manitoba provide money to support it. lanes that are there, that would be ac- ized within the next 2 years, to address The Government of Canada provides ceptable. I also think you have some this issue with an eye toward equity, money to support it. I hope this body avenues to use the right-of-way that is with an eye toward protecting our tax- will reject the amendment of the Sen- in place to toll and build a new freeway payers and, most important, with an ator from Oklahoma. with that toll. But to take an existing eye toward keeping the original intent Why is there any validity to saying interstate highway and toll every lane, and mission of the Interstate Highway there is no justification for Federal when it has already been paid for by System—to have a free Interstate support for an international peace gar- the Federal taxpayers, is absolutely Highway System that works for our den? I honestly don’t know what argu- wrong, and we must have a vehicle to country and does indeed complete the ment the Senator from Oklahoma ad- address this issue. United States of America both in secu- vances to say this has no value. Now, I have talked to the chairman rity and commerce. Let me indicate where the Inter- of my State highway commission, and I yield the floor. national Peace Garden is. It is right he has suggested that this might be an The PRESIDING OFFICER. The Sen- here, almost equidistant between the option that Texas wants to do. I object ator from North Dakota is recognized. Pacific Ocean and the Atlantic Ocean. strenuously to Texas doing that, and I AMENDMENT NO. 2812 The International Peace Garden stands am going to do everything I can to Mr. CONRAD. Mr. President, the in the middle of my State of North Da- keep our Texas taxpayers from paying Senator from Oklahoma has an amend- kota in Dunseith.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11399 This is a headline, again from last The legislative clerk read as follows: State of New Jersey, Newark Liberty year, in the Fargo Forum, the biggest The Senator from New Jersey [Mr. MENEN- International Airport is one of the newspaper in my State. It says: ‘‘On DEZ], for himself and Mr. LAUTENBERG, pro- most delayed airports in the country. the border of withering. The Inter- poses an amendment numbered 2826. About half its flights were delayed this national Peace Garden supporters seek Mr. MENENDEZ. Mr. President, I ask summer. These delays are unaccept- measures to keep alive iconic unanimous consent that the reading of able. Delays often mean a vacation cut crossborder park.’’ the amendment be dispensed with. short, a missed business meeting, or I have been at the International The PRESIDING OFFICER. Without less time with loved ones. Peace Garden many times. It is an in- objection, it is so ordered. There are environmental con- spirational setting. It is something The amendment is as follows: sequences, as very often delays take that I think anyone who visits the (Purpose: To require a study by the Govern- place on the runway with the idling of more than 2300 acres of—more than 2300 ment Accountability Office on the efficacy engines and the emissions therefor. acres of the most spectacular gardens I of strategies used by the Federal Aviation They are a demoralizing experience, an have ever seen in my life anywhere in Administration and the Department of experience punctuated by long waits, the world. Why the Senator from Okla- Transportation to address flight delays at little communication, and often no re- homa believes we ought to eliminate airports in the United States) course. any Federal support for this peace gar- On page 18, between lines 2 and 3, insert When I speak with the FAA and the den that is dedicated to the extraor- the following: airline industry about how to solve the SEC. 116. (a) GOVERNMENT ACCOUNTABILITY dinary relationship we have had with problem, I hear two things. First, they OFFICE STUDY AND REPORT ON FLIGHT our border to the North absolutely DELAYS.—None of the funds appropriated or say we need to upgrade air traffic con- eludes me. otherwise made available by this Act may be trol equipment, and I am whole- For him to suggest this has no value, obligated or expended by the Administrator heartedly supportive of that effort, and has he ever been there? Has he ever of the Federal Aviation Administration for I believe this bill sets us on the path talked with the officials of Canada who the New York/New Jersey/Philadelphia Met- for an eventual technological upgrade have generously supported this institu- ropolitan Airspace Redesign until the Comp- of the entire air traffic system. tion? Has he talked with the people of troller General of the United States submits Second, I hear the FAA’s airspace re- Manitoba or the people of North Da- the report required by subsection (c). design in the New York/New Jersey/ (b) STUDY.— kota? I am certain not because he Philadelphia region will also ease would find in my State, which is a very (1) IN GENERAL.—The Comptroller General shall conduct a study on the efficacy of delays. I have a difficult time, having conservative State, that there is very strategies employed by the Administrator of viewed what they came out with, to be- strong support for the International the Federal Aviation Administration and the lieve that, in fact, is going to be large- Peace Garden. This is a point of pride Secretary of Transportation to address flight ly accomplished by the very fact that in our relations with our neighbors to delays at airports in the United States. we are looking, at best, at seconds, the North. (2) CONTENTS.—The study required by para- eventually reducing delays by less than More than that, it sends a signal to graph (1) shall include an assessment of— 20 percent. It seems to me by fanning (A) efforts by the Administrator of the the world about the value the Amer- out arrivals and departures, there ican people put on peace. Do we have Federal Aviation Administration to induce voluntary schedule reductions by air carriers might be a slight decline in delays, but the strongest military in the world? this slight reduction in delays probably Absolutely, and we are proud of it. Do at Chicago O’Hare International Airport; (B) the mandatory flight reduction oper- will not even be noticeable. Some have we have the greatest economic ations instituted by the Administrator of the calculated this benefit to be as low as strength of any country in the world? Federal Aviation Administration at 25 seconds saved per flight. Yes, and we are proud of it. Do we lead LaGuardia Airport and Wash- I have been advocating with the FAA in many areas in terms of human ac- ington National Airport; that they look at a variety of other complishment, science, the arts? Abso- (C) the New York/New Jersey/Philadelphia Metropolitan Airspace Redesign; and issues, as well as deal with flight lutely, and we are proud of it. delays in the New York-New Jersey re- We also should send forth the signal (D) any other significant efforts by the Ad- gion. I wrote a letter asking the FAA that we are a country that believes in ministrator of the Federal Aviation Admin- to examine comprehensive, short-term peace, and we strive for peace because istration or the Secretary of Transportation to reduce flight delays at airports in the solutions, such as whether temporary that is part of the American character, United States. limits on operations should be placed too. And this International Peace Gar- (c) REPORT.—Not later than 120 days after on all of the regions’ airports. I also den sends that message. It certainly the date of the enactment of this Act, the asked them to examine whether prior- sends that message to the people of Comptroller General shall submit to Con- ities should be given to larger planes, Canada who are among our closest al- gress a report including— lies, who have stood with us in every (1) the results of the study required by sub- particularly during periods of extreme crisis. Who, when the tragedy of 9/11 section (b); and congestion. Finally, at the very least, occurred, were the first people to our (2) recommendations regarding which of the FAA should have a meeting with side? It was our neighbors to the North the strategies described in subsection (b) re- all the regions’ airports and discuss the duce airport delays most effectively when possibility of voluntary flight reduc- in Canada. employed for periods of 6 months or less. This International Peace Garden, tions. again more than 2300 acres of stun- Mr. MENENDEZ. Mr. President, I ap- It is interesting to me that the letter ningly beautiful and inspirational gar- preciate the great work the Senator I sent to the Administrator today—the dens, stands as a memorial to that ex- from Washington, Mrs. MURRAY, as Administrator came out and said to traordinary relationship between our well as the distinguished Senator from the industry: You better seriously con- countries. Certainly, it is worth the ex- Missouri, Mr. BOND, have done in sidering getting your schedules to- penditure of $450,000 to reinvigorate crafting a bill with very tough param- gether and figuring out a reduction in this symbol of respect. eters and to do so on a whole host of the amounts of scheduled flights you I urge my colleagues to reject the issues that are critical to the country’s have because if you don’t do so, you amendment of the Senator from Okla- future. I look forward to being sup- may end up with a Federal response to homa. portive of the bill overall. that extent. I thank the Chair and yield the floor. I hope from our conversation with So I think the Administrator, right- The PRESIDING OFFICER. The Sen- the committee that, in fact, two fully so, is trying to get the industry to ator from New Jersey is recognized. amendments I will be offering, or do that what it needs to do I believe AMENDMENT NO. 2826 versions thereof, will be accepted by both for the industry and the flying Mr. MENENDEZ. Mr. President, pur- the committee. public. These short-term solutions I suant to the unanimous consent agree- Mr. President, this amendment, propose will not require years to imple- ment, I call up amendment No. 2826 and which I offer along with my colleague ment or billions of dollars in new ask for its immediate consideration. Senator LAUTENBERG, is about flight funds. Instead, they require sensible The PRESIDING OFFICER. The delays that we have been experiencing planning on how to allocate the scarce clerk will report. throughout the country. In my home resource of a seat on an airplane.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11400 CONGRESSIONAL RECORD — SENATE September 11, 2007 This has been done in other parts of What that is going to do is shift an ally come from a family of railroaders. the country. We have seen in the past enormous financial burden on private My grandfather, on my father’s side, FAA successfully address air delays by property owners across the country was a railroader, and he took me and holding scheduled reduction meetings and, equally as important in my mind, my sister on our first train ride when with airlines or even capping the num- in pursuit of title 7 of the Civil Rights we were about 5 years old in West Vir- ber of flights, as they do at Reagan Na- Act, it is going to lead to huge litiga- ginia. I have been interested in trains, tional and LaGuardia. tion across the country because we can I suppose, ever since. This amendment would largely have have a variety of documents all for the I think a lot of people feel that pas- the GAO, an independent body, make same purposes being drafted in dozens, senger rail was in its heyday in the sure that we have a study within a very literally hundreds of different ways. first part of the last century. I suppose, short time, 120 days, to tell us how the That, in my mind, does not make com- to some extent, that is true. To a lot of tools that the FAA has used in other mon sense as it relates to the shifting people, passenger rail service is some- places in the country can be available of the burden on private property own- thing that was big then and not so im- to conquer flight delays in the short ers across the country, and it certainly portant now. They might be right. But term and not simply wait for long- does not make common sense in terms I have a hunch that in some ways the term, expensive solutions that only ad- of having a uniform documentation best days for passenger rail could lie dress a fraction of the problem. I do be- that can ensure that at the end of the ahead in this country. Our oldest son came home a couple of lieve an independent study would be in- day, we do not see the courts flooded weeks ago from visiting Europe with credibly helpful. with different interpretations of those some of his friends, and they had a In addition to airspace redesign, we documents. look at the other critical issues of We simply put a very modest chance to travel throughout Europe and the continent and to ride some ter- delay that have an economic con- amount, but from all the parties who rific trains and also to ride some that sequence and an environmental con- are engaged with this we have deter- weren’t so terrific. My family and I sequence and a quality-of-life con- mined $380,000 will ultimately ensure were in Italy last summer, and we had sequence as well. we do not shift this huge burden on all a chance to ride some terrific trains, I look forward to the committee the private property owners across the too, but also some that were not so ter- adopting a version of this amendment. landscape of the country and, at the rific. But in a place where populations AMENDMENT NO. 2834 same time, have uniform documents are fairly dense, in a place where the Mr. MENENDEZ. Mr. President, I ask that won’t lead us to a flood of lawsuits geography is actually rather compact, unanimous consent to set the pending and preserve the very essence of what a lot of folks ride trains, as we know, amendment aside and ask that amend- the title 6 Executive Order the Bush and they invest a lot of their money in ment No. 2834 be called up. administration is pursuing under title The PRESIDING OFFICER. Without rail service. 6 can be accomplished. I think that They do so for reasons we ought to objection, it is so ordered. The clerk makes eminent sense. consider. They invest in passenger rail will report. I look forward to the committee’s ac- because they have congestion on the The assistant legislative clerk read ceptance of the amendment. highways. They invest in passenger rail as follows: I yield the floor and suggest the ab- because they have congestion around The Senator from New Jersey [Mr. sence of a quorum. their airports and in their airspace. MENENDEZ] proposes an amendment num- The PRESIDING OFFICER. The bered 2834. They invest in passenger rail because clerk will call the roll. they have concerns about dependence Mr. MENENDEZ. Mr. President, I ask The assistant legislative clerk pro- on foreign oil. They want to reduce unanimous consent that the reading of ceeded to call the roll. their dependence on foreign oil. They the amendment be dispensed with. Mr. CARPER. Mr. President, I ask invest in passenger rail because they The PRESIDING OFFICER. Without unanimous consent that the order for want to reduce the emission of harmful objection, it is so ordered. the quorum call be rescinded. materials or substances into and foul The amendment is as follows: The PRESIDING OFFICER. Without their air. (Purpose: To provide additional funding to objection, it is so ordered. When you think about it, we have the Secretary of Housing and Urban Devel- Mr. CARPER. Mr. President, it is al- opment to implement guidance in connec- similar concerns in this country too. most 9 p.m. on the east coast, and out We have congestion on our highways. tion with assisting persons with limited in California, where I used to live when English proficiency and to provide for an We can see it all across the country to- offset of such increase) I was in the Navy, I guess it is almost night, from east to west, as people are 6 o’clock. For the most part, here on On page 73, line 8, strike ‘‘$252,010,000’’ and heading for home after work. We can insert ‘‘$251,630,000’’. the east coast, people have made their see it around our airports almost any- On page 110, line 23, strike ‘‘$52,000,000’’ and way home from work and school and time we try to fly out of an airport. insert ‘‘$52,380,000’’. they have finished their dinners and Whether it is an airport in Seattle or On page 111, line 6, strike the period and are getting ready to call it a day. Out Columbus or Cincinnati or Cleveland or insert the following: ‘‘: Provided further, That on the west coast, they are still stuck of the funds made available under this head- whether it is an airport in Philadel- in traffic. Between here and there are phia, which is a suburb of Wilmington, ing, $380,000 shall be available to the Sec- different variations of those two condi- retary of Housing and Urban Development DE, we have concerns about congestion for the creation and promotion of translated tions. on our highways and in the air in materials and other programs that support I wish to start off by expressing my America. the assistance of persons with limited thanks to Senator MURRAY and to Sen- We have concerns about our enor- english proficiency in utilizing the services ator BOND and members of their sub- mous dependence on foreign oil. Al- provided by the Department of Housing and committee for putting together what I most 60 percent of our oil comes from Urban Development.’’. think is a strong and a thoughtful bill. places beyond our borders and a lot is Mr. MENENDEZ. Mr. President, I It is a challenge because we don’t have controlled by people who don’t like us have in my hand the Federal Register unlimited resources to do that. It was very much and some places that are for the Department of Housing and a lot of work. So thanks to you and fairly unstable. I am convinced every Urban Development. Basically, what it your staffs for providing the leader- time I fill up my old Chrysler Town has done is said that under title 7 of ship. and Country minivan, which now has the Civil Rights Act, they are going to I wish to talk a little about the im- 175,000 miles on it—pretty dependable have private property owners through- portance of investing in our infrastruc- car—that I am putting money in the out the country have to devise a series ture. Maybe it is a bit different from pockets of people around the world in of documents. Instead of HUD having a what others have said today and earlier some of those unstable places and who uniform document, all of these docu- this week on this matter. I used to are going to use our money to hurt us. ments will be crafted by the individual serve on the Amtrak board of directors That is not too smart. private sector entities across the coun- when I was Governor, nominated by So we have that concern that we try. President Clinton to serve, and I actu- share with folks in other places around

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11401 the world that invest in passenger rail. in demand, and is a premium service for economic reasons; and, three, for We have problems with air quality. We that people pay a lot of money to competitive reasons, to enable us to have great concerns with climate ride—to use the monies generated from have a more vibrant economy and be change and global warming, and we that service to use as a cash cow to competitive with the rest of the world need to address this sooner rather than help support the other train service in which we are competing and cooper- later. Amtrak provides where, frankly, they ating. The answer to addressing all those don’t make the kind of money or gen- One of my colleagues tonight was concerns is not just passenger rail, but erate the kind of revenues such as talking to us about delegating our re- it is part of the tool in the toolbox. It those generated by the Acela Express. sponsibilities to commissions, and she is an arrow in the quiver. It is some- There is a complement to the legisla- expressed her dismay that we did so thing we are starting to awaken to in tion that is before us tonight in terms much of that. Sometimes creating a this country and say, hey, maybe this of the Amtrak investment. There is commission is not so good an idea; is part of the answer. complement legislation that has been other times, it can be a very good idea, One of the encouraging things to me offered by Senator LAUTENBERG, Sen- as we saw in 1982. Social Security was about this legislation is it acknowl- ator LOTT, myself, and others that is about to go under, and so we created a edges that passenger rail is part of the called the Passenger Rail Investment blue-ribbon commission, led by Alan answer and it provides a bit more and Improvement Act of 2007. It is basi- Greenspan, with a lot of good people on money for Amtrak, certainly a good bit cally a reauthorization for Amtrak and it. That led to a nearly unanimous con- more money for Amtrak than the ad- says: Let us not worry about a line or sent agreement in 1983 about what we ministration requested, and a good bit let us not stop with a line in an appro- needed to do to save Social Security, more than was provided in the current priations bill, however important that literally from its demise that year. So fiscal year. It allows Amtrak to con- is—and it is important—but let us look we know from experience that commis- tinue to upgrade the Northeast cor- at the whole system nationwide and sions can serve a most positive pur- ridor so we can take these trains that come up with ways we can provide, on pose. The Postal Reform Commission, will go 125 or even 150 miles an hour an ongoing basis, for a more cost-effec- which the President appointed a couple and be able to use them more effec- tive service, maybe better quality serv- years ago, worked with us in the Con- tively at speeds approaching 125 or 150 ice, and to provide incentives for gress, and we passed very good legisla- miles per hour, to shorten the travel States to invest in that service as well tion to bring the Postal Service into times between major destinations on as the Federal Government. the 21st century. the east coast and, by shortening U.S. It is legislation I hope we will take What Senator VOINOVICH and I came travel times, to get more people to ride up on the floor. Believe it or not, we up with is an infrastructure commis- the trains. passed it about year and a half ago as sion that would hopefully tee up for Believe it or not, more people are an amendment to an appropriations the next President and the next Con- riding the trains these days. I saw bill, but it died in conference. We hope gress a game plan, if you will, for in- some ridership numbers the other day to take it up on its own and pass it. vesting in our infrastructure. Our pro- that I found encouraging. I saw an in- Representative OBERSTAR, in the posal would call not just for looking at teresting piece in the Wall Street Jour- House, has indicated a strong interest roads, highways, bridges, not just rail nal—not a big advocate of better pas- in working with us on companion legis- transit, not just airports, not just senger rail service—and they men- lation, and my hope is we will do that. wastewater treatment, not just levees tioned that ridership on Amtrak na- One last thing I wish to mention. For and flood control systems, but really to tionwide is up this year about 6 per- the last couple years, Senator VOINO- look at our entire infrastructure broad- cent. Ridership on the Acela Express, VICH and I have spent a fair amount of ly and see what needs to be addressed 5 the high-speed trains in the Northeast time talking with one another and years from now, 10 years from now, 15, corridor, is up about 20 percent. In with others, and having people talk to 20, 25 years from now, what the prior- places in the Midwest, the Chicago to us, about the need for investing in our ities should be and how might we pay St. Louis run, ridership is up about 50 infrastructure—not just passenger rail for that. percent this year. Out on the west but investing in our infrastructure. Our legislation calls for this Commis- coast, where they invest a lot of money And not just highways and bridges but sion, eight members: two appointed by in passenger rail, not just Federal wastewater treatment systems, clean the President, two by the leaders of the money but a lot of local money, State water systems, flood control systems, House and Senate, majority leaders in money, their ridership is up about 15 and levees—infrastructure in a broader the House and Senate—Speaker of the percent. So people are starting to wake context. House, majority leader in the Senate— up to the idea that passenger rail As a politician, I have been a State and one each by the minority leaders of might be a part of the solution. treasurer, a Congressman, a Governor, the House and Senate, eight in all. As I think it is terrific in this legisla- and now a Senator. I know from experi- it turns out, four would be appointed tion that we think the Federal Govern- ence that we love having ribbon by Republican officials and four would ment has some obligation to be a part cuttings. We like to cut a ribbon on a be by Democratic officials, and their of helping us to capture that potential. new highway or to open a new bridge. charge would be to come back to us One of the reasons why more people are We like to have a ribbon cutting on a after the 2008 election—really, I think, starting to ride trains is because we new runway at an airport or a new ter- sometime into 2009—and say this is a get tired of sitting in airports waiting minal. We like to build things that are game plan. By working on it for the to get on an airplane. We get tired of new. We don’t always want to spend next year and a half, trying to build sitting on the airplane at the gate. We the money to maintain what is not new consensus, we would have a starting-off get tired of waiting for our airplane to or what once was new and now has point in that next administration, with take off as we sit on the taxiway or the begun to degrade in its quality. Sen- hopefully some buy-in from the new runway until we finally get released ator VOINOVICH and I have introduced President and from our new Congress, from air traffic control. legislation that has been passed with- to get started. Ontime performance for Amtrak na- out a dissenting vote in the Senate In any event, our colleagues here in tionwide is about 70 percent, about the which says that even though maintain- the Senate said that this idea had some same as airlines. But ontime perform- ing our infrastructure isn’t the sexiest merit. They were good enough to give ance for Acela Express, the high-speed of issues, it is an issue that demands it unanimous support. It was intro- express service, is almost 90 percent. our attention. duced in the House by a Representative Almost 90 percent. A lot of those trains What we propose is to set the stage from Minnesota named Ellison, Keith are being run full these days. Part of for the next administration and the Ellison. We are hopeful the House will the success for Amtrak, not the whole next Congress in a way that will better take up the measure and we can send it solution but part of it, is to make the ensure that we address our aging infra- to the President before this year is out. express service, the Acela Express serv- structure. And for a couple of reasons: I would make a mistake before con- ice—which is very popular, very much One, for health and safety reasons; two, cluding if I didn’t also express my

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11402 CONGRESSIONAL RECORD — SENATE September 11, 2007 thanks to the chair, Senator MURRAY, $340 billion allocated toward small the Beloit Housing Authority would and to our ranking member on the businesses in fiscal year 2006. lose over $20,000 in operating funds in committee for supporting some of the My amendment would expand the the first year and an additional $10,000 projects that are important to our con- reach of the HUBZone program. First, each year until 2012, and the gressional delegation—Senator BIDEN, it would include, as a HUBZone, the Ladysmith Housing Authority, located Congressman CASTLE and myself and communities impacted by a military in Rusk County, would lose over others whom we are privileged to rep- base closed by a BRAC round. Under $15,000. These are just three examples resent. A lot of people who drive current law, only the military base out of the 46 agencies in Wisconsin that through my State ride up and down on itself qualifies as a HUBZone. My would be negatively impacted by I–95. Sometimes they have to wait for a amendment would include surrounding HUD’s rule if this amendment is not while to get through a toll booth. communities which become economi- adopted. There is some money in here to reduce cally devastated by the base closure. It is imperative that these agencies that congestion and those delays. My amendment also requires the U.S. stay operational. They serve the hous- There is money in here to widen I–95 a Department of Housing and Urban De- ing needs for the low-income and elder- bit and enable traffic to move expedi- velopment to complete a feasibility ly in rural communities across the tiously through our little State. That study, with legislative recommenda- country. I urge the adoption of this im- is important. We have money for im- tions, for addressing the issue of ex- portant amendment. proving the transit service in the tending HUBZone status to rural im- Mr. CARDIN. Mr. President, I rise northern part of the State where there poverished regions that would other- today in strong support of a strong bill, is a lot of congestion and helping to wise qualify as a HUBZone region but H.R. 3074, the Transportation and move traffic up and down the coastal for being located in a county with a Housing funding bill for fiscal year part of our State where a lot of people metropolitan statistical area. It is im- 2008. I congratulate Chairman MURRAY come in the summer and even in the perative that we address this inequity and Ranking Member BOND for pro- fall months to visit places such as Re- that impacts rural regions across the ducing a bill that invests in America’s hoboth Beach and Bethany and Dewey country, including the Penobscot re- critical infrastructure and housing and Lewes. gion in my home State of Maine. needs. We are grateful for all of those in- The fact is small businesses are the This bill faces a veto threat from vestments in Federal dollars and more. driving force behind our Nation’s eco- President Bush because it exceeds the They will benefit us in the State of nomic growth, creating nearly three- funding levels he proposed back in Feb- Delaware, but because so many people quarters of all net new jobs and em- ruary by about 5 percent. I congratu- travel through our State—we are only ploying nearly 51 percent of the private late my colleagues on the Appropria- about 50 miles wide and roughly 100 sector workforce. My amendment en- tions Committee, however, because the miles long, but a lot of people drive hances the HUBZone program which increased funding fits within the over- through Delaware, travel through creates more jobs and helps our Na- all budget adopted by the Senate ear- Delaware on trains and other means of tion’s poorest regions. lier this year. That budget has a small- transportation, their own vehicles—we Mr. KOHL. Mr. President, I rise er deficit than the one proposed by the want to make sure they can move today to support amendment No. 2818, President. We have different spending through more quickly, have less con- offered by colleagues, Senators DURBIN, priorities than President Bush. But I gestion, put less bad emissions into the SNOWE, COLLINS, KERRY, and myself. am confident that the priorities re- air, and save some gas. We think this This amendment would limit the flected in this bill are America’s prior- legislation will help do all of those amount of operating funds a small pub- ities. The Appropriations Committee is things. lic housing authority will lose each to be congratulated for bringing us a That is pretty much what I wanted to year if they decide to opt out of asset bill that meets our needs and does so in get off my chest tonight. I thank you management. a fiscally responsible fashion. for the opportunity to do it and look The Department of Housing and The tragedy of the I–35 bridge col- forward to tomorrow morning when we Urban Development issued a final rule lapse in Minneapolis this summer sent convene again and have an opportunity on September 19, 2005, that outlines an alarm throughout the Nation. We to vote on a few more amendments and procedures for public housing authori- need to embark upon a significant rein- hopefully then, as a body, rise up and ties to convert to asset management vestment in America’s aging infra- pass this legislation and be prepared to accounting. In the recent past, Con- structure. This bill makes an initial go to conference with our friends from gress has urged the Department to re- downpayment on this reinvestment. the House of Representatives. view and postpone the conversion proc- The bill also contains increases in Ms. SNOWE. Mr. President, today I ess due to lack of guidance and dif- other programs above the President’s filed an amendment that will reform ficulty many PHAs are facing to imple- budget request. These, too, represent a the Small Business Administration’s, ment the new plan. Small PHAs are much-needed investment. SBA, historically underutilized busi- having an extremely hard time con- The Hope VI Housing Program is de- ness zone, HUBZone, program. As rank- verting to asset management due to signed to revitalize severely distressed ing member of the Senate Committee lack of funds and staff. Most of these public housing. The President wanted on Small Business and Entrepreneur- agencies only have one or two people in to spend just $1 million on this pro- ship, one of my top priorities is to the central office and their operating gram which is so important to our champion our Nation’s small busi- subsidy has been continuously under- aging cities such as Baltimore. This nesses and to promote their needs and funded. The Transportation, Housing bill, I am proud to say, increases the concerns. and Urban Development Appropria- funding level for Hope VI from $1 mil- My amendment capitalizes on and en- tions legislation includes language lion to $100 million. hances the HUBZone program, which that will allow small agencies to opt Several other housing programs get helps to bring small businesses to dis- out of asset management; however needed boosts as well. The section 202 tressed regions across our country. The their operating fund subsidy will be re- program for low-income seniors is $160 HUBZone program stimulates eco- duced each year they do not convert. million above the President’s request. nomic development and creates jobs in This amendment would help PHAs In addition, the bill contains an inno- urban and rural communities by pro- which operate 250 units or less and opt vative voucher program, not requested viding Federal contracting preferences out of asset management by limiting by President Bush, which would pro- to small businesses. the amount of money their operating vide section 8 vouchers to homeless The SBA’s most recent data shows subsidy can be reduced each year to 5 veterans. the Federal Government met only 2.1 percent. In Wisconsin, numerous agen- This bill also contains a major in- percent of its statutory 3 percent cies have expressed their support for crease in the funding level for the com- HUBZone agency-wide ‘‘goaling’’ re- the stop-loss provision. For example, munity development block grant pro- quirement. HUBZone small businesses the Eau Claire Housing Authority gram, providing more than $1 billion represent only $7.2 billion of the total would lose half of their subsidy by 2012, above the President’s request. The

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11403 CDBG block grant program has transportation projects in the imme- complexes to the public resources and spawned successful development and diate vicinity of the Base. commercial core of the Long Branch redevelopment in locations across the Similarly, the bill contains $3 mil- neighborhood in Montgomery County. Nation. Its track record of success is lion for improvements on Maryland Colmar Manor is a small town just visible in the revitalized neighborhoods Route 355 in the area of the National over the State line from the District of in both urban and rural communities Naval Medical Center in Bethesda, Columbia in Prince George’s County. across Maryland and America. which will now be home to the Walter The Colmar Manor Community Center, The President had zeroed out the suc- Reed Hospital operations. As many of which will serve four of the port towns cessful Brownfields redevelopment pro- my colleagues know, traffic in this along the , will benefit gram, but this bill provides $10 million. area is already very challenging, so from the $600,000 provided in the bill. The brownfields programs operated by this funding is especially important to Mr. President, $500,000 in funding will HUD, which is funded in this bill, and help us adapt to the infusion of addi- support environmental education for by EPA, which is separately funded, tional workers at NNMC-Bethesda. underserved students in the Baltimore have been enormously successful. All Money is also included for two Tran- area at the new Irvine Urban Outreach across Baltimore we see former manu- sit Center operations. The Bi-County Center. facturing facilities returned to produc- Transit Center in Langley Park will tive use because of these programs. We serve bus passengers in Montgomery This bill addresses the needs of have seen successful brownfields rede- and Prince George’s County. The Cen- America and it addresses the needs of velopment projects in Hagerstown, in tral Maryland Transit Operations Fa- Maryland. I am proud to support it and Prince George’s County, and other cility in the middle of the State is also encourage my colleagues to join me in sites across the State of Maryland. Our funded at $1 million. We must make doing so. experience is not unique. This is a won- sure that transit programs are our first Mr. CONRAD. Mr. President, I rise to derful program, and I am proud that option as we try to move increasing offer for the Record the Budget Com- this bill reverses President Bush’s mis- numbers of people in congested areas mittee’s official scoring of H.R. 3074, guided attempt to eliminate the that suffer from poor air quality. This the Transportation, Housing and Urban Brownfields redevelopment program in bill makes that key investment in Development, and Related Agencies HUD. Maryland. Appropriations Act for fiscal year 2008. Amtrak will receive nearly $1.5 bil- The bill provides $13 million for the The bill, as reported by the Senate lion in this bill, a $570 million boost final design of MARC commuter rail Committee on Appropriations, provides over the President’s request. Balti- improvements and rolling stock. As $51.1 billion in discretionary budget au- more’s Penn Station served more than thousands of Maryland commuters can thority for fiscal year 2008, which will 900,000 passengers on Amtrak in fiscal attest every day, the MARC commuter result in new outlays of $47.3 billion. 2006. The BWI Airport station in rail service is filled to capacity every When outlays from prior-year budget Lithicum, MD, had more than 560,000 workday. These funds will help to meet authority are taken into account, dis- boardings and deboardings in fiscal the needs of a growing system. cretionary outlays for the bill will 2006. Amtrak plays a vital role in our The Transportation title also con- total $114.6 billion. national transportation system, post- tains $500,000 to buy an unused railroad The Senate-reported bill is $7 million ing a record ridership of 24.3 million bridge in Baltimore. Funding will be below the subcommittee’s 302(b) alloca- passengers last year. This bill provides used to assess, acquire, and restore the tion for budget authority and is $286 Amtrak with the funding necessary to old CSX Railroad Bridge across the million below its allocation for out- continue all current services and im- Middle Branch of the Patapsco River. lays. Section 218 of the reported bill ex- prove railway infrastructure. That bridge will serve as the vital con- empts the Government National Mort- The list of programs that are critical necting link for the Gwynns Falls to America and given appropriate fund- gage Association from the require- Trail, a highly valued pedestrian and ments of the Federal Credit Reform ing resources in this bill is long. The bike path that traverses Baltimore major funding levels in this bill, from Act of 1990. Because the Federal Credit City. Reform Act is under the jurisdiction of transportation to housing, represent a The Housing and Urban Development the Budget Committee, this provision sensible investment in America. title also includes funds for several is subject to a point of order pursuant In Maryland there are a number of Maryland-specific projects. specific provisions that I also want to The east Baltimore workforce devel- to Section 306 of the Budget Act. No highlight. The bill contains transpor- opment project will receive $200,000 as other points of order lie against the re- tation funding for projects that will part of a comprehensive program to ported bill. help Maryland cope with the major in- bring jobs, training and neighborhood I ask unanimous consent that the flux of workers and their families asso- revitalization to a distressed east Bal- table displaying the Budget Committee ciated with the most recent round of timore neighborhood. scoring of the bill be printed in the Base Realignment and Closures, or Montgomery County Long Branch pe- RECORD. BRAC. Harford County, MD, is home to destrian linkages project is funded at There being no objection, the mate- the Aberdeen Proving Ground. This bill $400,000. This project will create pedes- rial was ordered to be printed in the contains $3 million for BRAC-related trian-friendly linkages from apartment RECORD, as follows: H.R. 3074, TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 [Spending comparisons—Senate reported bill (in millions of dollars)]

Defense General purpose Total

Senate-Reported Bill: Budget authority ...... 156 50,900 51,056 Outlays ...... 156 114,465 114,621 Senate 302(b) Allocation: Budget authority ...... 51,063 Outlays ...... 114,907 House-Passed Bill: Budget authority ...... 156 50,582 50,738 Outlays ...... 156 114,349 114,505 President’s Request: Budget authority ...... 154 47,809 47,963 Outlays ...... 154 112,613 112,767 SENATE-REPORTED BILL COMPARED TO: Senate 302(b) Allocation: Budget authority ...... ¥7 Outlays ...... ¥286 House-Passed Bill: Budget authority ...... 0 318 318 Outlays ...... 0 116 116 President’s Request: Budget authority ...... 2 3,091 3,093

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Defense General purpose Total

Outlays ...... 2 1,852 1,854

I yield the floor and suggest the ab- AMENDMENT NO. 2852 Internet website of the Department of Hous- sence of a quorum. (Purpose: To enable States to receive feder- ing and Urban Development— ally guaranteed loans for the benefit of (1) a direct link to the Internet website of The PRESIDING OFFICER. The the Office of Inspector General of the Depart- clerk will call the roll. nonentitlement areas) On page 137, between lines 17 and 18, insert ment of Housing and Urban Development; The assistant legislative clerk pro- the following: and (2) a mechanism by which individuals may ceeded to call the roll. SEC. 232. (a) The amounts provided under Mrs. MURRAY. I ask unanimous con- the subheading ‘‘Program Account’’ under anonymously report cases of waste, fraud, or the heading ‘‘Community Development Loan abuse with respect to the Department of sent that the order for the quorum call Housing and Urban Development. be rescinded. Guarantees’’ may be used to guarantee, or make commitments to guarantee, notes or AMENDMENT NO. 2831 The PRESIDING OFFICER. Without other obligations issued by any State on be- (Purpose: To require the Secretary of Trans- objection, it is so ordered. half of non-entitlement communities in the portation to establish and maintain on the AMENDMENTS NOS. 2829; 2852; 2817; 2819; 2820; 2830; State in accordance with the requirements of homepage of the website of the Depart- 2831; 2850, AS MODIFIED; 2839, AS MODIFIED; 2846, section 108 of the Housing and Community ment of Transportation a direct link to the AS MODIFIED; 2848, AS MODIFIED; 2857; 2859; 2825, Development Act of 1974: Provided, That, any website for the Office of the Inspector Gen- AS MODIFIED; 2837, AS MODIFIED; 2856; AND 2834 State receiving such a guarantee or commit- eral of the Department of Transportation) EN BLOC ment shall distribute all funds subject to At the appropriate place, insert the fol- such guarantee to the units of general local lowing: Mrs. MURRAY. Mr. President, I call government in nonentitlement areas that re- SEC. lll. Not later than 30 days after the up the managers’ package at the desk, ceived the commitment. date of enactment of this Act, the Secretary noting that there are a number of these (b) Not later than 60 days after the date of of Transportation shall establish and main- with modifications. I ask unanimous enactment of this Act, the Secretary of tain on the homepage of the Internet website consent that the package be considered Housing and Urban Development shall pro- of the Department of Transportation— en bloc and agreed to. mulgate regulations governing the adminis- (1) a direct link to the Internet website of tration of the funds described under sub- the Office of Inspector General of the Depart- The PRESIDING OFFICER. Without section (a). ment of Transportation; and objection, it is so ordered. AMENDMENT NO. 2817 (2) a mechanism by which individuals may The amendment (No. 2834) was agreed (Purpose: To ensure that the Secretary of anonymously report cases of waste, fraud, or to. Housing and Urban Development awards abuse with respect to the Department of Transportation. The further amendments were agreed capital fund bonuses to deserving high-per- AMENDMENT NO. 2850, AS MODIFIED to, as follows: forming public housing authorities) On page 87, line 9, strike the period and in- The Administrator of the Federal Transit AMENDMENT NO. 2829 sert the following: ‘‘: Provided further, That, Administration may conduct a study of the (Purpose: To require a study by the Govern- notwithstanding any other provision of law public transportation agencies in the urban- ment Accountability Office on the efficacy or regulation, or any independent decision of ized areas described in section 5337(a) of title of strategies used by the Federal Aviation the Secretary, during fiscal year 2008, the 49, United States Code (referred to in this Administration and the Department of Secretary shall, in accordance with part section as ‘‘agencies’’). Transportation to address flight delays at 905.10(j) of title 24, Code of Federal Regula- (b) The study conducted under subsection airports in the United States) tions and from amounts made available (a) shall— under this heading, award performance bo- (1) analyze the state of repair of the agen- On page 18, between lines 2 and 3, insert cies’ rail infrastructure, including bridges, the following: nuses to public housing agencies that are designated high performers under the Public ties, and rail cars; SEC. 116. (a) GOVERNMENT ACCOUNTABILITY Housing Assessment System for the 2007 fis- (2) calculate the amount of Federal fund- OFFICE STUDY ON FLIGHT DELAYS.— cal year.’’. ing received by the agencies during the 9- (1) IN GENERAL.—The Comptroller General year period ending September 30, 2007, pursu- shall conduct a study on the efficacy of AMENDMENT NO. 2819 ant to— strategies employed by the Administrator of (Purpose: To increase support for infrastruc- (A) the Intermodal Surface Transportation the Federal Aviation Administration and the ture improvements at tribal colleges and Efficiency Act of 1991 (Public Law 102–240); Secretary of Transportation to address flight universities, with an offset) (B) the Transportation Equity Act for the delays at airports in the United States. On page 109, line 13, strike ‘‘$59,040,000’’ and 21st Century (Public Law 105–178); and (2) CONTENTS.—The study required by para- insert ‘‘$61,440,000’’. (C) the Safe, Accountable, Flexible, Effi- graph (1) shall include an assessment of— On page 109, line 23, strike ‘‘$2,600,000’’ and cient Transportation Equity: A Legacy for (A) efforts by the Administrator of the insert ‘‘$5,000,000’’. Users (Public Law 109–59); Federal Aviation Administration to induce On page 113, line 1, strike ‘‘$175,000,000’’ and (3) estimate the minimum amount of fund- voluntary schedule reductions by air carriers insert ‘‘$172,600,000’’. ing necessary to bring all of the infrastruc- at Chicago O’Hare International Airport; AMENDMENT NO. 2820 ture described in paragraph (1) into a state of (B) the mandatory flight reduction oper- (Purpose: To expand the scope of the Inspec- good repair; and ations instituted by the Administrator of the tor General’s investigation of rail service (4) determine the changes to the rail mod- Federal Aviation Administration at disruptions and other delays in the deliv- ernization formula program that would be LaGuardia Airport and Ronald Reagan Wash- ery of certain commodities) required to bring all of the infrastructure de- ington National Airport; scribed in paragraph (1) into a state of good (C) the New York/New Jersey/Philadelphia On page 70, line 7, insert ‘‘potatoes, spe- repair. Metropolitan Airspace Redesign; and cialty crops,’’ after ‘‘ethanol,’’. (c) Not later than 1 year after the date of (D) any other significant efforts by the Ad- AMENDMENT NO. 2830 the enactment of this Act, the Adminis- ministrator of the Federal Aviation Admin- (Purpose: To require the Secretary of Hous- trator shall submit to the Committee on Ap- istration or the Secretary of Transportation ing and Urban Development to establish propriations of the Senate and the Com- to reduce flight delays at airports in the and maintain on the homepage of the mittee on Appropriations of the House of United States. website of the Department of Housing and Representatives a report that contains the (b) REPORT.—Not later than 120 days after Urban Development a direct link to the results of the study conducted under this the date of the enactment of this Act, the website for the Office of the Inspector Gen- section. Comptroller General shall submit to Con- eral of the Department of Housing and AMENDMENT NO. 2839, AS MODIFIED gress a report including— Urban Development) On page 95, line 25, strike the period and (1) the results of the study required by sub- At the appropriate place, insert the fol- insert the following: ‘‘: Provided further, section (a); and lowing: That, from amounts appropriated or other- (2) recommendations regarding which of SEC. lll. Not later than 30 days after the wise made available under this heading, the strategies described in subsection (a) re- date of enactment of this Act, the Secretary $25,000,000 may be made available to promote duce airport delays most effectively when of Housing and Urban Development shall es- broader participation in homeownership employed for periods of 6 months or less. tablish and maintain on the homepage of the through the American Dream Downpayment

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Initiative, as such initiative is set forth SEC. ll. None of the funds provided or AMENDMENT NO. 2856 under section 271 of the Cranston-Gonzalez limited under this Act may be used to issue (Purpose: To strike the prohibition on the National Affordable Housing Act (42 U.S.C. a final regulation under section 5309 of title use of appropriations by Amtrak to sup- 12821).’’. 49, United States Code. port routes on which deep discounts are AMENDMENT NO. 2846, AS MODIFIED AMENDMENT NO. 2859 available) On page 137, between lines 17 and 18, insert (Purpose: To limit the amount available for On page 44, strike lines 6 through 13 and in- the following: the Urban Partnership Congestion Initia- sert ‘‘of this Act.’’. SEC. 232. Not later than 90 days after the tive under section 5309 of title 49, United Mrs. MURRAY. I move to reconsider date of enactment of this Act, the Secretary States Code) of Housing and Urban Development may— the vote and to lay that motion on the (1) develop a formal, structured, and writ- On page 50, line 21, insert ‘‘Provided further, table. ten plan that the Department of Housing and That of the funds available to carry out the The motion to lay on the table was Urban Development shall use when moni- bus program under section 5309 of title 49, agreed to. United States Code, which are not otherwise toring for compliance with the specific relo- AMENDMENT NO. 2826 WITHDRAWN cation restrictions in— allocated under this Act or under SAFETEA– LU (Public Law 109–59), not more than 10 per- Mrs. MURRAY. Mr. President, I ask (A) the Community Development Block unanimous consent that the Menendez Grant entitlement program; and cent may be expended to carry out the Urban (B) the Community Development Block Partnership Congestion Initiative:’’ after amendment that was previously agreed Grant State program that receives economic ‘‘5309(b)(3):’’. to be voted on in the morning be with- development funds from the Department of AMENDMENT NO. 2825, AS MODIFIED drawn; that is, Menendez amendment Housing and Urban Development; and At the end of the sections under the head- No. 2826. (2) submit such plan to the Committee on ing ‘‘GENERAL PROVISIONS’’ at the end of title The PRESIDING OFFICER. Without Appropriations of both the Senate and the I, add the following: objection, it is so ordered. House of Representatives. SEC. 1ll. PROHIBITION ON IMPOSITION AND f AMENDMENT NO. 2848, AS MODIFIED COLLECTION OF TOLLS ON CERTAIN On page 137, between lines 17 and 18, insert HIGHWAYS CONSTRUCTED USING MORNING BUSINESS the following: FEDERAL FUNDS. Mrs. MURRAY. Mr. President, I ask SEC. 232. (a) REQUIRED SUBMISSIONS FOR (a) DEFINITIONS.—In this section: unanimous consent that the Senate (1) FEDERAL HIGHWAY FACILITY.— FISCAL YEARS 2007 AND 2008.— proceed to a period of morning busi- (1) IN GENERAL.—Not later than 60 days (A) IN GENERAL.—The term ‘‘Federal high- after the date of enactment of this Act, the way facility’’ means— ness. Secretary of Housing and Urban Develop- (i) any highway, bridge, or tunnel on the The PRESIDING OFFICER. Without ment may submit to the relevant author- Interstate System that is constructed using objection, it is so ordered. izing committees and to the Committees on Federal funds; or f Appropriations of the Senate and the House (ii) any United States highway. of Representatives for fiscal year 2007 and (B) EXCLUSION.—The term ‘‘Federal high- MONTANA’S 819TH RED HORSE 2008— way facility’’ does not include any right-of- SQUADRON (A) a complete and accurate accounting of way for any highway, bridge, or tunnel de- Mr. TESTER. Mr. President, I know scribed in subparagraph (A). the actual project-based renewal costs for that over the last 6 years every Sen- (2) TOLLING PROVISION.—The term ‘‘tolling project-based assistance under section 8 of ator has had to send some of their sons the United States Housing Act of 1937 (42 provision’’ means section 1216(b) of the U.S.C. 1437f); Transportation Equity Act for the 21st Cen- and daughters in their State off to war, (B) revised estimates of the funding needed tury (23 U.S.C. 129 note; 112 Stat. 212); but today is the first time as a Member to fully fund all 12 months of all project- (b) PROHIBITION.— of this body I have had to see so many based contracts under such section 8, includ- (1) IN GENERAL.—None of the funds made members of a squadron in my State de- ing project-based contracts that expire in available by this Act shall be used to con- ployed. So it is with great pride that I fiscal year 2007 and fiscal year 2008; and sider or approve an application to permit the rise to honor the 400 air men and (C) all sources of funding that will be used imposition or collection of any toll on any women of the Air Force’s 819th RED portion of a Federal highway facility in the to fully fund all 12 months of the project- HORSE Squadron. About one-half of based contracts for fiscal years 2007 and 2008. State of Texas— (2) UPDATED INFORMATION.—At any time (A)(i) that is in existence on the date of en- this squadron is deploying today for after the expiration of the 60-day period de- actment of this Act; and training in Wisconsin before going to scribed in paragraph (1), the Secretary may (ii) on which no toll is imposed or collected Iraq later this year. submit corrections or updates to the infor- under a tolling provision on that date of en- Over the last decade, Malmstrom Air mation required under paragraph (1), if upon actment; or Force Base in Great Falls, MT, has completion of an audit of the project-based (B) that would result in the Federal high- been the home of the 819th RED assistance program under section 8 of the way facility having fewer non-toll lanes than HORSE Squadron. For the uninitiated, before the date on which the toll was first United States Housing Act of 1937 (42 U.S.C. RED HORSE stands for rapid engineer 1437f), such audit reveals additional informa- imposed or collected. tion that may provide Congress a more com- (2) EXEMPTION.—Paragraph (1) shall not deployable heavy operation repair plete understanding of the Secretary’s im- apply to the imposition or collection of a toll squadron engineer. Basically, these are plementation of the project-based assistance on a Federal highway facility— the men and women who rebuild Air program under such section 8. (A) on which a toll is imposed or collected Force facilities overseas, such as run- (b) REQUIRED SUBMISSIONS FOR FISCAL YEAR under a tolling provision on the date of en- ways. They also have spent consider- 2009.—As part of the Department of Housing actment of this Act; or able time in Iraq rebuilding schools and Urban Development’s budget request for (B) that is constructed, under construc- and homes. These are men and women tion, or the subject of an application for con- fiscal year 2009, the Secretary of Housing and who do some truly wonderful work. Urban Development shall submit to the rel- struction submitted to the Secretary, after evant authorizing committees and to the the date of enactment of this Act. In a previous deployment to Iraq in Committees on Appropriations of the Senate (c) STATE BUY-BACK.—None of the funds 2005, the squadron was involved in 130 and the House of Representatives complete made available by this Act shall be used to construction projects on 12 different and detailed information, including a impose or collect a toll on a Federal highway bases in Iraq. The 819th has served in project-by-project analysis, that verifies facility in the State of Texas that is pur- Afghanistan and Qatar. In every place that such budget request will fully fund all chased by the State of Texas on or after the they have taken on complicated engi- project-based contracts under section 8 of date of enactment of this Act. neering projects for the U.S. Govern- the United States Housing Act of 1937 (42 AMENDMENT NO. 2837, AS MODIFIED ment but have also done outstanding U.S.C. 1437f) in fiscal year 2009, including ex- On page 70, between lines 20 and 21, insert piring project-based contracts. work with locals to rehabilitate hous- the following: ing and provide residents with every- AMENDMENT NO. 2857 SEC. 1ll. The Secretary of Transpor- thing from coloring books for kids to (Purpose: To prohibit the Federal Transit tation may conduct a study of the use of Administration from using funds appro- new washing machines. non-hazardous recycled aggregates and other It is a combination of accomplish- priated under this Act to promulgate regu- materials, including reused concrete and as- lations to carry out section 5309 of title 49, phalt, in highway projects, to the maximum ment, strength, and generosity that United States Code) extent practicable and whenever economi- represents the best of our Nation. At the appropriate place, insert the fol- cally feasible and consistent with public This afternoon, as the men and lowing: health and environmental laws. women of the 819th begin to train for

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11406 CONGRESSIONAL RECORD — SENATE September 11, 2007 the mission that will send them to tional two months. Under this law, CBO esti- For his bravery, he was awarded a Pur- Iraq, they leave behind spouses, chil- mates that about 150 retirees will work an ple Heart, two Gold Stars, and two dren, and other family members. We additional two months in 2008 at a cost of $2 Bronze Stars. know that piano recitals and football million, and about 65 retirees will work an As with many World War II veterans, additional two months in 2009 at a cost of $1 games will be missed this fall. There million. Senator Brewster came back a changed will be an empty chair at too many Public Law 110–50 contains no intergovern- man. He was disappointed when some holiday meals. mental or private-sector mandates as defined of his neighbors in Green Spring Valley The 819th is an Active Associate unit, in the Unfunded Mandates Reform Act and voiced outrage at him for inviting Afri- meaning that it is compromised of both would not affect the budgets of state, local, can-American friends he had served Active-Duty airmen and Air National or tribal governments. with during the war to his home. This Guardsmen. For the citizen soldiers of The CBO staff contact for this estimate is experience further fueled both his de- our Air Guard, these deployments can Sunita D’Monte. This estimate was approved sire to run for office and his lifetime by Peter H. Fontaine, Assistant Director for be especially difficult, and I hope all Budget Analysis. commitment to civil rights. Montanans will keep these airmen and Senator Brewster graduated from their families in their thoughts and f University of Maryland School of Law prayers. HONORING OUR ARMED FORCES in 1949, and was elected to the Mary- And when they return home, we have land House of Delegates in 1950. After SERGEANT KEVIN GILBERTSON a moral responsibility to care for the serving two terms, Senator Brewster Mr. GRASSLEY. Mr. President, it is folks who have worn the uniform of our ran for and was elected to represent with great sorrow, on this day of the country. Whether they return to Ac- Maryland’s Second District in Congress 6th Anniversary of the September 11th tive Duty or reenter civilian life, the in 1958. In 1962, Mr. Brewster was elect- attacks, that I speak in honor of a fall- Federal Government must support ed to the Senate. He was just 39 years en American hero. Army Sgt. Kevin them. Congress has taken numerous old. Gilbertson died August 31st at the steps this year to provide more re- In the Senate, Brewster was a cham- Landstuhl Medical Center in sources for the VA and to improve the pion for civil rights. He cosponsored Landstuhl, Germany, after losing a 2- quality of life for our troops. I hope we the landmark Civil Rights Act of 1964 day battle with injuries suffered after will continue to make progress in these and served as the stand-in candidate insurgents attacked his unit in areas so that when the 819th comes for President Lyndon Johnson’s 1964 Ramadi, Iraq. His courage and patriot- home we are able to welcome these air- Presidential primary campaign in ism will be remembered. My thoughts men back home with our deeds and not Maryland against segregationist can- and prayers go out to his friends and just our words. didate George Wallace of Alabama. The family, especially his parents, Keeley f contest was seen as a crucial battle in Peters and Don Gilbertson, as well as the fight for civil rights. Despite COST ESTIMATE OF S. 966 his wife, Nina, and sons, Timothy and threats to his family, he campaigned Mr. BIDEN. Mr. President, on June Nickolas. vigorously and won the primary for 27, 2007, the Committee on Foreign Re- Sergeant Gilbertson was an inde- President Johnson. lations ordered reported S. 966, the pendent, complex, and highly involved Senator Brewster served as a member Passport Backlog Reduction Act of individual. He loved his family, he of the Senate Armed Services Com- 2007. On July 30, the President signed loved his country, and he loved being a mittee at the time the war in Vietnam the bill into law, Public Law 110–50. U.S. Army soldier. Kevin Gilbertson’s was escalating. Publicly, he took a At the time the committee filed its service to this country is greatly ap- hawkish position on the war, but pri- report, the cost estimate prepared by preciated, and he will be sorely missed. vately he expressed concerns about the the Congressional Budget Office, CBO, Kevin was a native of Cedar Rapids, war and shared those concerns with was not available. It was recently pro- IA. His father, Don Gilbertson, remem- President Johnson. vided to the committee by CBO. There- bers him as ‘‘the greatest kid in the After leaving the Senate, Senator fore, I ask unanimous consent that a world’’ who ‘‘joined the Army right out Brewster devoted his time to his fam- copy of the CBO estimate be printed in of high school to get a college edu- ily, farming, and volunteering. He was cation when he got out . . . His dream the RECORD. an original director and former presi- There being no objection, the mate- was getting a degree and supporting his dent of the Maryland State Fair and rial was ordered to be printed in the family.’’ Kevin Gilbertson will always chaired the Governor’s Commission on be remembered as someone who gave RECORD, as follows: Alcoholism and the Governor’s Com- everything he had for his country and CONGRESSIONAL BUDGET OFFICE COST mission on AIDS. who thought more about others than ESTIMATE Senator Brewster’s congressional leg- himself. For that we are eternally PUBLIC LAW 110–50—PASSPORT BACKLOG acy lives on today as two of his Senate grateful. REDUCTION ACT OF 2007 interns from Maryland, NANCY f D’ALESANDRO PELOSI and STENY HOYER, Public Law 110–50 (formerly S. 966) grants went on to prestigious political careers the Department of State additional flexi- DEATH OF SENATOR DANIEL of their own. bility in rehiring Foreign Service annuitants BREWSTER on a temporary basis to reduce backlogs in I offer my heartfelt condolences to visa and passport processing. The new au- Ms. MIKULSKI. Mr. President, today Senator Brewster’s family and to his thority will expire in 2008 for visa backlogs I pay tribute to the life and legacy of friends and to all those whose lives he and in 2009 for passport backlogs. CBO esti- Senator Daniel Baugh Brewster. I was touched. Senator Brewster’s family is mates Public Law 110–50 will cost $2 million a great admirer of Senator Brewster, in my thoughts and prayers. in 2008 and $3 million over the 2008–2012 pe- and I hold the Brewster seat in the U.S. f riod, assuming the availability of appro- Senate. priated funds. The law does not affect direct Senator Brewster was a true patriot. FOREIGN OPERATIONS spending or receipts. APPROPRIATIONS Under previous law, Foreign Service retir- He was a hero at the age of 19 when he ees could work for the department for up to volunteered for the Marine Corps and Mr. KYL. Mr. President, in the 2 six months, provided they didn’t reach a cer- was sent to the front lines of the war in months since Hamas took control of tain salary cap. According to information the Pacific. There he served bravely— Gaza, 40 tons of explosives have been provided by the department, about half the leading the 1944 assault on Guam and smuggled from Egypt into Gaza. It is retirees hit the salary cap before six months the 1945 assault on Okinawa. He bore estimated that 80 tons have been smug- (at four months, on average). The depart- the wounds of war like so many of our gled in the last 2 years. Rafah, in ment is already in the process of hiring 55 re- heroic veterans. He was wounded seven southern Gaza, has long been a key tirees and plans to hire an additional 250 re- tirees to work on visa and passport backlogs. times and had a permanent scar on his conduit for smuggling assault rifles, By providing a waiver for the salary cap, forehead from a bullet that lifted his pistols, ammunition, explosive mate- Public Law 110–50 allows the department to helmet and grazed his scalp while bat- rials, grenade launchers and other mu- retain some of those retirees for an addi- tling for Sugar Loaf Hill on Okinawa. nitions. While smuggling has long been

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11407 a problem along this stretch of the bor- proach Congress should take regarding mittee. For those who have views on der, the Israeli military has reported a Egypt’s foreign military financing aid some or all of these measures, I wel- surge in smuggling of anti-aircraft during fiscal year 2008. come your input. I ask that in pro- missiles, anti-tank rockets and bomb f viding your views you recognize that components when Israel withdrew from my introduction of ‘‘by request’’ legis- EXPLANATION OF ‘‘BY REQUEST’’ Gaza in 2005. lation should not be interpreted as a There has also been a clear loss of LEGISLATION reflection of my views on the content progress made with regard to democ- Mr. AKAKA. Mr. President, I wish to of any such bill. racy and the rule of law in Egypt. speak about the meaning of ‘‘by re- NATIONAL PANCREATIC CANCER AWARENESS Prominent members of parliament like quest’’ legislation and more specifi- MONTH Ayman Nour who have criticized the cally about my continuation of a long- Mr. SMITH. Mr. President, I am in regime have been jailed. Nour was the standing practice in the Veterans’ Af- support of S. Res. 222, a resolution that leading opponent in Egypt’s 2005 presi- fairs Committee of the chairman intro- recognizes November as National Pan- dential race and was arrested on dubi- ducing legislation at the request of the creatic Cancer Awareness Month. This ous charges shortly after that election. administration. resolution represents a way to educate According to Human Rights Watch, While I expect that those who deal communities across the Nation about ‘‘Security forces and police routinely regularly with the Veterans’ Affairs pancreatic cancer and the need for in- torture and mistreat detainees, par- Committee, such as the established creased research funding, early detec- ticularly during interrogations. Tor- veterans service organizations, under- tion methods, and effective treatments ture in the past was used primarily stand the meaning of a bill introduced and educational programs. I am pleased against political dissidents, but in re- ‘‘by request,’’ I have recently become to be joining my colleague, Senator cent years it has been rife in police sta- aware that there are some veterans CLINTON, as the lead sponsor of this im- tions as well, affecting ordinary citi- who are unfamiliar with this practice portant measure. zens.’’ Cellphone videos posted on the and who, therefore, have misinter- Like many Americans, I have seen Internet have shown the police sodom- preted my recent introduction of cer- the ramifications of cancer firsthand. I izing a bus driver with a broomstick tain ‘‘by request’’ legislation as sup- support this resolution in honor and and hanging a woman by her knees and port for the passage of the bills into loving memory of the millions of wrists from a pole for questioning. law. This is not the case. Americans who have been diagnosed The United States has provided sub- As our colleagues know, periodically with pancreatic cancer and their fami- stantial help to Egypt over the years. the administration sends forward to lies, and for my mother Jessica Udall For its part, Egypt should do more to the Congress legislation for consider- Smith whom I lost to this killer. Pancreatic cancer is hard to detect in control its border with Gaza and im- ation. Those measures that fall within its early stages as it doesn’t cause prove its record on democracy and the the jurisdiction of the Veterans’ Af- symptoms right away. Also, because rule of law. fairs Committee are referred by the the pancreas is hidden behind other or- To that end, section 699 of H.R. 2764, Parliamentarian to our committee. In gans, health care providers cannot see as passed by the House of Representa- a tradition that began in the earliest or feel the tumors during routine tives, requires the Secretary of State days of the committee, the chairman, exams. Because there are no early de- to certify that the Government of as a courtesy to the administration, in- tection methods, pancreatic cancer Egypt has taken ‘‘concrete and meas- troduces such bills on a ‘‘by request’’ often is found late and spreads quickly. urable’’ steps to stop the smuggling of basis. This is a courtesy that has gen- This year, more than 37,000 Ameri- arms into Gaza, improve the independ- erally been extended to every adminis- cans will receive a diagnosis of pan- ence of the judiciary, and improve tration and by every chairman, regard- creatic cancer and for over 33,000 of criminal procedures and due process less of the party affiliation of the ad- them their diagnosis will ultimately rights. It conditions $200 million of $1.3 ministration or chairman, and one that end in their death. While overall can- billion of fiscal year 2008 foreign mili- I am pleased to continue. cer death rates have declined, the num- tary financing assistance on dem- When I introduce legislation ‘‘by re- ber of people diagnosed with pancreatic onstration of that clear and measur- quest,’’ I am taking no position on the cancer is increasing. It is projected able progress. legislation. In fact, I introduce such that this year, 440 Oregonians will die We note that between the date the legislation without including any from pancreatic cancer. That rep- House passed H.R. 2764 and final action statement or explanatory materials. I resents a 17 percent increase in pan- by the Congress on this legislation, do so for the express purpose of both creatic cancer deaths in Oregon over more than 3 months will have passed. accommodating the administration the last 3 to 4 years. Even more time will pass if it becomes and ensuring that others are aware of Pancreatic cancer has been forced necessary for the Senate to take up an the proposed legislation so that they into the national spotlight in recent omnibus appropriations act this fall. might analyze it and, if they wish, weeks. On August 18, 2007, Michael Consequently, there is plenty of time comment upon it. As chairman, I am Deaver, one of former President Ronald for Egypt to show progress in stopping committed to the development of the Reagan’s closest advisers, succumbed arms flows to Hamas in Gaza and to re- best possible policy in the area of vet- to the disease at age 69. Just last week, verse recent backsliding in democratic erans issues and I firmly believe that famed opera singer Luciano Pavarotti reforms before the U.S. Congress final- this goal is most successfully achieved died after a yearlong battle at age 71. izes this legislation. with the free exchange of ideas, not by Something that is striking about both The amendment I offer with Senators stifling different points of view. of their cases is that despite their ce- LIEBERMAN, COLLINS and ENSIGN, and During this Congress, in accordance lebrity and contacts, neither man had which I am pleased has been accepted with this practice, I have introduced much more than a fighting chance of unanimously, puts the Senate on the four ‘‘by request’’ bills, S. 1757, S. 2025, overcoming this disease. There are record stating unambiguously that S. 2026, and S. 2027. It is one of these simply no curative treatments—experi- Egypt must take clear and measurable measures, S. 2026, relating to certain mental or FDA approved—that cur- steps to demonstrate progress on both Agent Orange issues, that has gen- rently are available to fight this dis- reducing the flow of arms into Gaza as erated the most confusion among some ease, even when price is no object. well as to undoing damage done to the veterans. I hope that my explanation of Individuals fighting pancreatic can- rule of law and democracy. ‘‘by request’’ legislation helps to clear cer continue to face discouragingly low As Congress moves toward enactment up these misunderstandings. odds of survival. In 1975, the 5-year sur- of this appropriations bill, it is impera- I have taken no position on any of vival rate for pancreatic cancer was 2 tive that support to Egypt be based on these four bills and simply introduced percent. Twenty-five years later, the an evaluation of the performance of the them as a professional courtesy to the survival rate remains at an unaccept- Egyptian government since the initial administration. Indeed, at this point, I ably low level of 5 percent, making this House action. Congress must consider do not know whether these bills will cancer the fourth leading cause of can- these results in determining what ap- receive consideration by the com- cer-related death. Indeed, pancreatic

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11408 CONGRESSIONAL RECORD — SENATE September 11, 2007 cancer is considered the deadliest can- namic security environment. Chicoine as the 19th president of South cer, of which 75 percent of patients di- USNORTHCOM is actively deterring Dakota State University. agnosed with this disease die within threats from crossing our borders by South Dakota State University has a the first year and most within the first closely working with other combatant rich history of strong leadership dating 3 to 6 months. Early detection tools, commands, intelligence agencies and back to the commitment of President such as those that currently are avail- interagency partners to detect and de- George Lilley, who advanced $500 of his able for ovarian, colon, breast and feat threats before they arrive in our own salary to finish three rooms in the prostate cancer, would make a signifi- homeland. first building on campus. President cant impact on pancreatic cancer, but When it comes to rendering assist- Chicoine joins Dr. Berg and Dr. Wagner those tools require a new investment in ance to civil authorities, U.S. Northern to become only the third Jackrabbit to basic scientific research at the Na- Command is prepared to help. By an- serve in this role. tional Cancer Institute, NCI. ticipating threats, ranging from nat- The stage where Dr. Chicoine’s inau- I support biomedical research and the ural disasters to man-made, the com- guration will take place is evidence of great promise it holds in the develop- mand provides Department of Defense SDSU’s strong national presence, as 80 ment of new treatments and possible capabilities in a timely and coordi- years ago this week Sylvan Theatre cures for the many types of cancer, in- nated fashion. Facilitated by Defense and the Library were cluding pancreatic cancer. Past invest- coordinating officers attached to every dedicated by President Calvin Coo- ments at the NCI have helped drive FEMA region, USNORTHCOM works lidge. The pioneering research com- new discoveries that led to the decline side by side with its interagency part- pleted at SDSU is impacting lives in overall cancer deaths in the U.S. for ners to support the States and their around the world whether it be through the second consecutive year. Now is emergency response teams when re- improved agricultural practices, the the time to expand our efforts in the quested. ethanol in our gas tanks, the micro- fight against pancreatic cancer, but In its 5 short years of existence, waves that make our dinner, or the that will be impossible unless we find a USNORTHCOM has effectively re- scoreboard at our favorite athletic way to secure more funding for the sponded to several catastrophes. They event. It is said that students come from NCI. have been absolutely essential to sav- the Sioux and Missouri, the Cheyenne The Pancreatic Cancer Awareness ing lives while mitigating the suffering and the Jim, and the Black Hills to Network is a national organization and losses experienced. study at SDSU. Students still come to that is working to comprehensively ad- USNORTHCOM understands the Brookings from those places, but they dress the problem of pancreatic cancer multi-agency approach to defending our homeland and providing support to also come from points around the globe by providing patient support, advanc- and with knowledge and diploma in civil authorities. Therefore, it places a ing research, and creating hope. I sup- hand they impact communities in high priority on building and strength- port their efforts to raise awareness of Brookings, in South Dakota, in neigh- ening relationships with the States, this disease and believe that it is im- boring states, and truly around the territories, other government and non- portant that we recognize November as world. It is said that ‘‘You Can Go Any- government agencies, as well as National Pancreatic Cancer Awareness where from Here,’’ and we celebrate partnering with our border nations, Month. that, in this case, one student has Canada and Mexico. I ask my colleagues support this res- made the trip full circle. olution, which will help increase re- USNORTHCOM is also actively en- Congratulations and best wishes to search, education and awareness for gaged with the National Guard, and President Chicoine on a long and suc- pancreatic cancer. serves as the combatant command ad- cessful tenure at SDSU, and Go Jacks!∑ f vocate to provide the Guard with the tools and resources necessary to ac- f ADDITIONAL STATEMENTS complish their mission. A committed, HONORING PAUL TAVARES lasting partnership between U.S. ∑ Mr. WHITEHOUSE. Mr. President, UNITED STATES NORTHERN Northern Command and the National today I wish to pay tribute to a great COMMAND Guard will strengthen our national de- Rhode Islander: my good friend, Paul fense and defy those attempting to sab- Tavares. ∑ Mr. ALLARD. Mr. President, today I otage our way of life. This weekend, Paul will be honored commemorate the fifth anniversary of Let me also recognize the unsung he- by the Portuguese American Citizens U.S. Northern Command, located in roes of this command, the men and Committee as its Person of the Year, Colorado Springs, CO. I take enormous women of U.S. Northern Command. and the PACC simply could not have pride in seeing the Colorado flag fly They are synonymous with homeland made a better choice. This organiza- alongside the flags of the United States defense; they are a total force team of tion has contributed so much to the and Canada. soldiers, sailors, airmen, marines and Portuguese community, and to our Officially, USNORTHCOM was estab- Coast Guardsmen from the active and Ocean State, through its civic, chari- lished on October 1, 2002. However, it Reserve Components of our military. table and political work. It is fitting was the terrible events of September The men and women of USNORTHCOM that this weekend, the PACC will 11, 2001, that made the country realize clearly understand the importance of honor someone who has done the same. its need for increased homeland de- their mission and carry out their re- Paul’s character, integrity, and hon- fense. Within 13 months of 9/11, sponsibilities with a sense of urgency. esty have set an example, not only in USNORTHCOM stood up as the com- Their pride in contributing to the de- his work in public service, but through- batant command charged with defend- fense of our great Nation is evident in out his life. ing the homeland and providing mili- every aspect of their operations. I have known Paul, and have been tary assistance to civil authorities. To the men and women of U.S. honored to call him my friend, since we Five years later, USNORTHCOM is Northern Command, I stand today to both ran for statewide office in 1998: he proudly executing its missions of say: Thank you for your dedication and for general treasurer, and I for attor- Homeland Defense and civil support op- service to the United States of Amer- ney general. His motto during that erations to defend, protect, and secure ica. On the occasion of your fifth anni- election was simple one: ‘‘No tricks, no the United States and its interests. versary, I congratulate you for a job gimmicks, just a Treasurer who’ll do Since 9/11, our Nation has been en- well done.∑ what’s right.’’ We both fought hard gaged in a fight against terrorism on f battles and we both emerged vic- multiple fronts, including our home- torious. And immediately after being land. As USNORTHCOM enters its fifth RECOGNIZING DR. DAVID L. sworn in, we began a close and very year, they are fully mission capable, CHICOINE productive relationship that helped prepared and ready to respond to the ∑ Mr. THUNE. Mr. President, today I each of our offices work more effi- broad spectrum of homeland defense recognize the momentous occasion of ciently. It has been a lasting and a val- challenges that exist in today’s dy- the inauguration of Dr. David L. ued friendship.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11409 Paul’s record of accomplishment in Rhode Islanders who know Paul also H.R. 2654. An act to designate the facility the Treasurer’s office is outstanding. know well his selfless service to his of the United States Postal Service located One of his most notable achievements community. Paul founded the Por- at 202 South Dumont Avenue in Woonsocket, was his commitment to helping Rhode South Dakota, as the ‘‘Eleanor McGovern tuguese American Scholarship Founda- Post Office Building’’; to the Committee on Island families save for their children’s tion, is a cofounder of the East Provi- Homeland Security and Governmental Af- college education. As a result of his dence Children’s Portuguese School, fairs. work, the CollegeBoundfund, Rhode Is- and served on the Catholic Diocese of H.R. 2778. An act to designate the facility land’s section 529 college savings pro- Providence Finance Council. His work of the United States Postal Service located gram, was recognized by MSN Money in these organizations has not only en- at 3 Quaker Ridge Road in New Rochelle, in 2005 as one of the Nation’s five best riched the Ocean State’s Portuguese New York, as the ‘‘Robert Merrill Postal college savings plans in the country. Station’’; to the Committee on Homeland Se- community, but has changed lives all curity and Governmental Affairs. Columnist Liz Pulliam Weston wrote: over Rhode Island. And he does not just H.R. 2825. An act to designate the facility ‘‘It’s a pity more of us don’t live in help people through organizations. of the United States Postal Service located Rhode Island if you live there, it’s a Many Rhode Islanders know stories of at 326 South Main Street in Princeton, Illi- mystery why you’d invest anywhere people showing up on Paul’s doorstep, nois, as the ‘‘Owen Lovejoy Princeton Post else.’’ With the help of the Attorney asking for his help. Each time, he lis- Office Building’’; to the Committee on General’s office, he put a broken crime tened and did what he could. Paul has Homeland Security and Governmental Af- fairs. victims’ compensation program back spent his life helping others without on its feet. He led with integrity. Paul asking anything in return. f certainly carried out what he proposed I am pleased to come to the floor of MEASURES PLACED ON THE to do, that is, to leave the Treasurer’s the Senate to join the Portuguese CALENDAR office in a better State than what he American Citizens Committee in recog- inherited. The following bill was read the sec- But Paul’s story doesn’t begin in the nizing the tremendous accomplish- ond time, and placed on the calendar: Treasurer’s office. During his success- ments of our friend Paul Tavares. I ex- H.R. 1908. An act to amend title 35, United ful career in the banking industry, tend congratulations, heartfelt thanks States Code, to provide for patent reform. Paul dedicated himself to a life of pub- for a job well done, and best wishes to f lic service, beginning his career on the Paul and his family in all their future endeavors.∑ EXECUTIVE AND OTHER East Providence School Committee, COMMUNICATIONS and then the East Providence City f Council. In 1992, Paul was elected to The following communications were Rhode Island’s State senate, where he MESSAGE FROM THE HOUSE laid before the Senate, together with served until taking office as general At 11:40 a.m., a message from the accompanying papers, reports, and doc- treasurer. I worked closely with Paul House of Representatives, delivered by uments, and were referred as indicated: when I served on Governor Bruce Mrs. Cole, one of its reading clerks, an- EC–3162. A communication from the Acting Sundlun’s senior staff, and I saw up nounced that the House has passed the Director, Office of Management and Budget, Executive Office of the President, transmit- close what a good senator he was. following bills, in which it requests the ting, proposed legislation intended to alter Paul’s years in the Senate were full concurrence of the Senate: the funding structure for the Commodity Fu- of significant accomplishments, espe- H.R. 2467. An act to designate the facility tures Trading Commission; to the Com- cially his efforts to create The of the United States Postal Service located mittee on Agriculture, Nutrition, and For- CollegeBoundfund and his work on at 69 Montgomery Street in Jersey City, New estry. adoption; and his service as first dep- Jersey, as the ‘‘Frank J. Guarini Post Office EC–3163. A communication from the Prin- uty majority leader and as vice-chair Building’’. cipal Deputy, Office of the Under Secretary H.R. 2587. An act to designate the facility of Defense (Personnel and Readiness), trans- of the Corporations Committee. Paul is mitting, pursuant to law, a report relative to remembered in the senate not only for of the United States Postal Service located at 555 South 3rd Street Lobby in Memphis, the education of dependents of military per- his committed service but also for his Tennessee, as the ‘‘Kenneth T. Whalum, Sr. sonnel; to the Committee on Armed Services. legendary ability to pull practical Post Office Building’’ . EC–3164. A communication from the Dep- jokes on his fellow senators. One he H.R. 2654. An act to designate the facility uty Assistant Secretary of Defense (Counter- particularly enjoyed was to ‘‘borrow’’ a of the United States Postal Service located narcotics, Counterproliferation and Global piece of letterhead paper from one of at 202 South Dumont Avenue in Woonsocket, Threats), transmitting, pursuant to law, a his fellow senators and write a note to South Dakota, as the ‘‘Eleanor McGovern report relative to Russia’s tactical nuclear weapons arsenal; to the Committee on another senator. He would then ask a Post Office Building’’ . H.R. 2778. An act to designate the facility Armed Services. page in the senate to deliver the letter EC–3165. A communication from the Sec- of the United States Postal Service located and sit back to enjoy the ensuing up- retary of Transportation, transmitting, a at 3 Quaker Ridge Road in New Rochelle, draft bill entitled the ‘‘Railroad Rehabilita- roar. That story says so much about New York, as the ‘‘Robert Merrill Postal tion and Improvement Financing Reform Paul: he never takes himself too seri- Station’’. Act’’; to the Committee on Commerce, ously; the jokes were always warm- H.R. 2825. An act to designate the facility hearted and they helped break tensions Science, and Transportation. of the United States Postal Service located EC–3166. A communication from the Pro- in that body. Paul was good for the at 326 South Main Street in Princeton, Illi- gram Analyst, Federal Aviation Administra- senate. nois, as the ‘‘Owen Lovejoy Princeton Post tion, Department of Transportation, trans- Paul has also never forgotten where Office Building’’. mitting, pursuant to law, the report of a rule he comes from. A son of Portuguese f entitled ‘‘Airworthiness Directives; immigrants who migrated to the MORAVAN a.s. Model Z242L Airplanes’’ United States from the Azores, he has MEASURES REFERRED ((RIN2120–AA64)(Docket No. FAA–2007–28114)) truly lived the American dream. I am The following bills were read the first received on September 7, 2007; to the Com- sure Paul’s parents, the late Anibal and the second times by unanimous mittee on Commerce, Science, and Transpor- tation. and Laurentina Tavares, are looking consent, and referred as indicated: EC–3167. A communication from the Pro- down on us proud to see how far Paul’s H.R. 2467. An act to designate the facility gram Analyst, Federal Aviation Administra- determination and talent have carried of the United States Postal Service located tion, Department of Transportation, trans- him in life. And I am sure he would at 69 Montgomery Street in Jersey City, New mitting, pursuant to law, the report of a rule agree that he would not have enjoyed Jersey, as the ‘‘Frank J. Guarini Post Office entitled ‘‘Airworthiness Directives; Pacific nearly as much success without the Building’’; to the Committee on Homeland Aerospace Limited Model 750XL Airplanes’’ love and support of his lovely wife Lee, Security and Governmental Affairs. ((RIN2120–AA64)(Docket No. 2007–CE–033)) re- his daughters Tessa, Kristen and H.R. 2587. An act to designate the facility ceived on September 7, 2007; to the Com- of the United States Postal Service located Felicia, and his sons Nicholas and An- mittee on Commerce, Science, and Transpor- at 555 South 3rd Street Lobby in Memphis, tation. drew. Their unwavering commitment Tennessee, as the ‘‘Kenneth T. Whalum, Sr. EC–3168. A communication from the Pro- to Paul, and his unwavering commit- Post Office Building’’; to the Committee on gram Analyst, Federal Aviation Administra- ment to them, have been extraor- Homeland Security and Governmental Af- tion, Department of Transportation, trans- dinary. fairs. mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11410 CONGRESSIONAL RECORD — SENATE September 11, 2007 entitled ‘‘Airworthiness Directives; September 7, 2007; to the Committee on Com- No. 2007–NM-–31)) received on September 7, Turbomeca Arriel 2B1 Turboshaft Engines’’ merce, Science, and Transportation. 2007; to the Committee on Commerce, ((RIN2120–AA64)(Docket No. 2007–NE–16)) re- EC–3178. A communication from the Pro- Science, and Transportation. ceived on September 7, 2007; to the Com- gram Analyst, Federal Aviation Administra- EC–3187. A communication from the Pro- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–3169. A communication from the Pro- entitled ‘‘Establishment, Modification and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Revocation of VOR Federal Airways; East entitled ‘‘Airworthiness Directives; Bom- tion, Department of Transportation, trans- Central United States’’ ((RIN2120– bardier Model DHC–8–400 Series Airplanes’’ mitting, pursuant to law, the report of a rule AA66)(Docket No. 06–ASW–1)) received on ((RIN2120–AA64)(Docket No. 2006–NM–176)) entitled ‘‘Airworthiness Directives; September 7, 2007; to the Committee on Com- received on September 7, 2007; to the Com- Turbomeca Arriel 2B Series Turboshaft En- merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- gines’’ ((RIN2120–AA64)(Docket No. 2005–NE– EC–3179. A communication from the Pro- tation. 52)) received on September 7, 2007; to the gram Analyst, Federal Aviation Administra- EC–3188. A communication from the Pro- Committee on Commerce, Science, and tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–3170. A communication from the Pro- entitled ‘‘Establishment of Class E Airspace; mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Vero Beach, FL’’ ((RIN2120–AA66)(Docket entitled ‘‘Airworthiness Directives; McDon- tion, Department of Transportation, trans- No. 07–ASO–9)) received on September 7, 2007; nell Douglas Model 717–200 Airplanes’’ mitting, pursuant to law, the report of a rule to the Committee on Commerce, Science, ((RIN2120–AA64)(Docket No. 2006–NM–148)) entitled ‘‘Airworthiness Directives; General and Transportation. received on September 7, 2007; to the Com- Electric Company GE 590 Series Turbofan EC–3180. A communication from the Pro- mittee on Commerce, Science, and Transpor- Engines’’ ((RIN2120–AA64)(Docket No. 2007– gram Analyst, Federal Aviation Administra- tation. NE–05)) received on September 7, 2007; to the tion, Department of Transportation, trans- EC–3189. A communication from the Pro- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Transportation. entitled ‘‘Modification to the Norton Sound tion, Department of Transportation, trans- EC–3171. A communication from the Pro- Low, Woody Island Low, Control 1234L, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Control 1487L Offshore Airspace Areas; AK’’ entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- ((RIN2120–AA66)(Docket No. 07–AAL–29)) re- Model A318, A319, A320 and A321 Airplanes’’ mitting, pursuant to law, the report of a rule ceived on September 7, 2007; to the Com- ((RIN2120–AA64)(Docket No. 2005–NM–196)) entitled ‘‘Standard Instrument Approach mittee on Commerce, Science, and Transpor- received on September 7, 2007; to the Com- Procedures; Miscellaneous Amendments’’ tation. mittee on Commerce, Science, and Transpor- ((RIN2120–AA65)(Amdt. No. 3226)) received on EC–3181. A communication from the Acting tation. September 7, 2007; to the Committee on Com- Regulations Officer, Federal Highway Ad- EC–3190. A communication from the Pro- merce, Science, and Transportation. ministration, Department of Transportation, gram Analyst, Federal Aviation Administra- EC–3172. A communication from the Pro- transmitting, pursuant to law, the report of tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Design-Build Contracting’’ mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- (RIN2125–AF12) received on September 7, entitled ‘‘Airworthiness Directives; Airbus mitting, pursuant to law, the report of a rule 2007; to the Committee on Commerce, Model A310 Series Airplanes’’ ((RIN2120– entitled ‘‘Standard Instrument Approach Science, and Transportation. AA64)(Docket No. 2006–NM–126)) received on Procedures; Miscellaneous Amendments’’ EC–3182. A communication from the Pro- September 7, 2007; to the Committee on Com- ((RIN2120–AA65)(Amdt. No. 3228)) received on gram Analyst, National Highway Traffic merce, Science, and Transportation. September 7, 2007; to the Committee on Com- Safety Administration, Department of EC–3191. A communication from the Pro- merce, Science, and Transportation. Transportation, transmitting, pursuant to gram Analyst, Federal Aviation Administra- EC–3173. A communication from the Pro- law, the report of a rule entitled ‘‘FMVSS tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- No. 208 CRS Installation Procedure for mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- LATCH-Equipped Seats’’ (RIN2127–AJ59) re- entitled ‘‘Airworthiness Directives; Empresa mitting, pursuant to law, the report of a rule ceived on September 7, 2007; to the Com- Brasileira de Aeronautica S.A. Model EMB– entitled ‘‘Standard Instrument Approach mittee on Commerce, Science, and Transpor- 135BJ Airplanes’’ ((RIN2120–AA64)(Docket Procedures, Weather Takeoff Minimums; tation. No. 2006–NM–269)) received on September 7, Miscellaneous Amendments’’ ((RIN2120– EC–3183. A communication from the Pro- 2007; to the Committee on Commerce, AA65)(Amdt. No. 3225)) received on Sep- gram Analyst, Federal Aviation Administra- Science, and Transportation. tember 7, 2007; to the Committee on Com- tion, Department of Transportation, trans- EC–3192. A communication from the Pro- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–3174. A communication from the Pro- entitled ‘‘Airworthiness Directives; Empresa tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Brasileira de Aeronautica S.A. Model EMB– mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- 145LR, –145XR, and –145MP Airplanes; and entitled ‘‘Airworthiness Directives; McDon- mitting, pursuant to law, the report of a rule Model EMB–135BJ and –135LR Airplanes’’ nell Douglas Model DC–10–30 and DC–10–30F entitled ‘‘Standard Instrument Approach ((RIN2120–AA64)(Docket No. 2006–NM–038)) Airplanes, Model DC–10–40 and DC–10–40F Procedures; Miscellaneous Amendments’’ received on September 7, 2007; to the Com- Airplanes, and Model MD–10–30F Airplanes’’ ((RIN2120–AA65)(Amdt. No. 3219)) received on mittee on Commerce, Science, and Transpor- ((RIN2120–AA64)(Docket No. 2006–NM–271)) September 7, 2007; to the Committee on Com- tation. received on September 7, 2007; to the Com- merce, Science, and Transportation. EC–3184. A communication from the Pro- mittee on Commerce, Science, and Transpor- EC–3175. A communication from the Pro- gram Analyst, Federal Aviation Administra- tation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–3193. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- entitled ‘‘Modification of Class E Airspace; Turbomeca Arrius 2F Turboshaft Engines’’ mitting, pursuant to law, the report of a rule St. Johns, AZ’’ ((RIN2120–AA66)(Docket No. ((RIN2120–AA64)(Docket No. 2005–NE–34)) re- entitled ‘‘Airworthiness Directives; McDon- 07–AWP–1)) received on September 7, 2007; to ceived on September 7, 2007; to the Com- nell Douglas Model MD–11 and MD–11F Air- the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- planes’’ ((RIN2120–AA64)(Docket No. 2006– Transportation. tation. NM–272)) received on September 7, 2007; to EC–3176. A communication from the Pro- EC–3185. A communication from the Pro- the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–3194. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Revision to Class E Airspace; Lar- entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- amie, WY’’ ((RIN2120–AA66)(Docket No. 05– Model 727 Airplanes’’ ((RIN2120– mitting, pursuant to law, the report of a rule ANM–16)) received on September 7, 2007; to AA64)(Docket No. 2007–NM–054)) received on entitled ‘‘Airworthiness Directives; General the Committee on Commerce, Science, and September 7, 2007; to the Committee on Com- Electric Company CF6–50C Series Turbofan Transportation. merce, Science, and Transportation. Engines’’ ((RIN2120–AA64)(Docket No. 2006– EC–3177. A communication from the Pro- EC–3186. A communication from the Pro- NE–08)) received on September 7, 2007; to the gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and tion, Department of Transportation, trans- tion, Department of Transportation, trans- Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–3195. A communication from the Pro- entitled ‘‘Establishment of Class D and E entitled ‘‘Airworthiness Directives; Boeing gram Analyst, Federal Aviation Administra- Airspace; Aguadilla, PR’’ ((RIN2120– Model 737–100, –200, –200C, –300, –400, and –500 tion, Department of Transportation, trans- AA66)(Docket No. 07–ASO–3)) received on Series Airplanes’’ ((RIN2120–AA64)(Docket mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11411 entitled ‘‘Airworthiness Directives; Cessna EC–3204. A communication from the Pro- tion, Department of Transportation, trans- Model 500, 501, 550, 551, S550, 560, 560XL, and gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule 750 Airplanes’’ ((RIN2120–AA64)(Docket No. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; General 2006–NM–213)) received on September 7, 2007; mitting, pursuant to law, the report of a rule Electric Company CF34–10E Series Turbofan to the Committee on Commerce, Science, entitled ‘‘Standard Instrument Approach Engines’’ ((RIN2120–AA64)(Docket No. 2006– and Transportation. Procedures; Miscellaneous Amendments’’ NE–33)) received on September 7, 2007; to the EC–3196. A communication from the Pro- ((RIN2120–AA64)(Amdt. No. 3222)) received on Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- September 7, 2007; to the Committee on Com- Transportation. tion, Department of Transportation, trans- merce, Science, and Transportation. EC–3213. A communication from the Assist- mitting, pursuant to law, the report of a rule EC–3205. A communication from the Pro- ant Chief Counsel for Hazardous Materials entitled ‘‘Airworthiness Directives; General gram Analyst, Federal Aviation Administra- Safety, Department of Transportation, Electric Company CF6–80 Series Turbofan tion, Department of Transportation, trans- transmitting, pursuant to law, the report of Engines’’ ((RIN2120–AA64)(Docket No. 2006– mitting, pursuant to law, the report of a rule a rule entitled ‘‘Hazardous Materials; Trans- NE–43)) received on September 7, 2007; to the entitled ‘‘Airworthiness Directives; McDon- portation of Lithium Batteries’’ (RIN2137– Committee on Commerce, Science, and nell Douglas Model DC–8–33, –42, and –43 Air- AD48) received on September 7, 2007; to the Transportation. planes; Model DC–8–50 Series Airplanes; Committee on Commerce, Science, and EC–3197. A communication from the Pro- Model DC–8F–54 and –55 Airplanes; Model Transportation. gram Analyst, Federal Aviation Administra- DC–8–60 Series Airplanes; Model DC–8–60F EC–3214. A communication from the Pro- tion, Department of Transportation, trans- Series Airplanes; Model DC–8–72 Airplanes; gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule and Model DC–8–70F Series Airplanes’’ tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Hawker ((RIN2120–AA64)(Docket No. 2006–NM–279)) mitting, pursuant to law, the report of a rule Beechcraft Corporation No. 3A20 and TC No. received on September 7, 2007; to the Com- entitled ‘‘Standard Instrument Approach A24CE Formerly Held by Raytheon Aircraft mittee on Commerce, Science, and Transpor- Procedures, Weather Takeoff Minimums; Corporation and Models C90A, B200, B200C, tation. Miscellaneous Amendments’’ ((RIN2120– B300, and B300C Airplanes’’ ((RIN2120– EC–3206. A communication from the Pro- AA65)(Amdt. No. 3223)) received on Sep- AA64)(Docket No. 2007–CE–004)) received on gram Analyst, Federal Aviation Administra- tember 7, 2007; to the Committee on Com- September 7, 2007; to the Committee on Com- tion, Department of Transportation, trans- merce, Science, and Transportation. merce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–3215. A communication from the Pro- EC–3198. A communication from the Pro- entitled ‘‘Airworthiness Directives; Viking gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Air Limited Models DHC–2 Mk. I, DHC–2 Mk. tion, Department of Transportation, trans- tion, Department of Transportation, trans- II, and DHC–2 Mk. III Airplanes’’ ((RIN2120– mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule AA64)(Docket No. 2007–CE–009)) received on entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; Diamond September 7, 2007; to the Committee on Com- Procedures; Miscellaneous Amendments’’ Aircraft Industries GmbH Model DA 42 Air- merce, Science, and Transportation. ((RIN2120–AA65)(Amdt. No. 3224)) received on planes’’ ((RIN2120–AA64)(Docket No. 2007–CE– EC–3207. A communication from the Pro- September 7, 2007; to the Committee on Com- 027)) received on September 7, 2007; to the gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. EC–3216. A communication from the Pro- Committee on Commerce, Science, and tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Transportation. mitting, pursuant to law, the report of a rule EC–3199. A communication from the Pro- entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Model A300 B4–600, B4–600R, and F4–600R Se- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; REIMS tion, Department of Transportation, trans- ries Airplanes, and Model C4–605R Variant F AVIATION S.A. Model F406 Airplanes’’ mitting, pursuant to law, the report of a rule Airplanes’’ ((RIN2120–AA64)(Docket No. 2006– ((RIN2120–AA64)(Docket No. 2006–CE–89)) re- entitled ‘‘Airworthiness Directives; Diamond NM–125)) received on September 7, 2007; to ceived on September 7, 2007; to the Com- Aircraft Industries Model DA 42 Airplanes’’ the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- ((RIN2120–AA64)(Docket No. 2007–CE–022)) re- Transportation. EC–3208. A communication from the Pro- tation. ceived on September 7, 2007; to the Com- gram Analyst, Federal Aviation Administra- EC–3217. A communication from the Pro- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–3200. A communication from the Pro- entitled ‘‘Airworthiness Directives; Bom- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- bardier Model DHC–8–400 Series Airplanes’’ entitled ‘‘Airworthiness Directives; Empresa tion, Department of Transportation, trans- ((RIN2120–AA64)(Docket No. 2006–NM–289)) Brasileira de Aeronautica S.A. Model ERJ mitting, pursuant to law, the report of a rule received on September 7, 2007; to the Com- 170 Airplanes’’ ((RIN2120–AA64)(Docket No. entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- 2007–NM–022)) received on September 7, 2007; Eurocopter France Model AS350B, BA, B1, tation. to the Committee on Commerce, Science, B2, B3, D, and AS355E Helicopters’’ EC–3209. A communication from the Pro- and Transportation. ((RIN2120–AA64)(Docket No. 2004–SW–36)) re- gram Analyst, Federal Aviation Administra- EC–3218. A communication from the Pro- ceived on September 7, 2007; to the Com- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tation. entitled ‘‘Airworthiness Directives; Bom- mitting, pursuant to law, the report of a rule EC–3201. A communication from the Pro- bardier Model DHC–8–100, DHC–8–200, and entitled ‘‘Airworthiness Directives; Boeing gram Analyst, Federal Aviation Administra- DHC–8–300 Series Airplanes’’ ((RIN2120– Model 727 Airplanes’’ ((RIN2120– tion, Department of Transportation, trans- AA64)(Docket No. 2006–NM–240)) received on AA64)(Docket No. NM–75)) received on Sep- mitting, pursuant to law, the report of a rule September 7, 2007; to the Committee on Com- tember 7, 2007; to the Committee on Com- entitled ‘‘Airworthiness Directives; MD Heli- merce, Science, and Transportation. merce, Science, and Transportation. copters, Inc. Model 369A, 369D, 369E, 369F, EC–3210. A communication from the Pro- EC–3219. A communication from the Pro- 369FF, 369H, 369HE, 369HS, 369HM, 500N, and gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- OH–6A Helicopters’’ ((RIN2120–AA64)(Docket tion, Department of Transportation, trans- tion, Department of Transportation, trans- No. 2003–SW–37)) received on September 7, mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule 2007; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; Dassault entitled ‘‘Airworthiness Directives; Science, and Transportation. Model Mystere-Falcon 50 Airplanes’’ Aerospatiale Model ATR42 and ATR72 Air- EC–3202. A communication from the Pro- ((RIN2120–AA64)(Docket No. 2006–NM–287)) planes’’ ((RIN2120–AA64)(Docket No . 2006– gram Analyst, Federal Aviation Administra- received on September 7, 2007; to the Com- NM–270)) received on September 7, 2007; to tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule tation. Transportation. entitled ‘‘Standard Instrument Approach EC–3211. A communication from the Pro- EC–3220. A communication from the Pro- Procedures, Weather Takeoff’’ ((RIN2120– gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- AA65)(Amdt. No. 3221)) received on Sep- tion, Department of Transportation, trans- tion, Department of Transportation, trans- tember 7, 2007; to the Committee on Com- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule merce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Empresa entitled ‘‘Airworthiness Directives; Dassault EC–3203. A communication from the Pro- Brasileira de Aeronautica S.A. Model EMB– Model Falcon 2000EX and Falcon 900EX Air- gram Analyst, Federal Aviation Administra- 135 Airplanes and Model EMB–145, –145ER, planes’’ ((RIN2120–AA64)(Docket No. 2006– tion, Department of Transportation, trans- –145MR, –145LR, –145XR, –145MP, and –145EP NM–249)) received on September 7, 2007; to mitting, pursuant to law, the report of a rule Airplanes’’ ((RIN2120–AA64)(Docket No. 2006– the Committee on Commerce, Science, and entitled ‘‘IFR Altitudes; Miscellaneous NM–196)) received on September 7, 2007; to Transportation. Amendments’’ ((RIN2120–AA63)(Amdt. No. the Committee on Commerce, Science, and EC–3221. A communication from the Pro- 468)) received on September 7, 2007; to the Transportation. gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and EC–3212. A communication from the Pro- tion, Department of Transportation, trans- Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11412 CONGRESSIONAL RECORD — SENATE September 11, 2007 entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- aging Director, Federal Communications Model A310 Series Airplanes; and Airbus mitting, pursuant to law, the report of a rule Commission, transmitting, pursuant to law, Model A300–600 Series Airplanes’’ ((RIN2120– entitled ‘‘Establishment of Class E Airspace; the report of a rule entitled ‘‘Assessment and AA64)(Docket No. 2006–NM–237)) received on Front Royal—Warren County, VA’’ Collection of Regulatory Fees for Fiscal September 7, 2007; to the Committee on Com- ((RIN2120-AA66) (Docket No. 07-AEA-01)) re- Year 2007’’ ((MD Docket No. 07-81) (FCC 07- merce, Science, and Transportation. ceived on September 7, 2007; to the Com- 140)) received on September 6, 2007; to the EC–3222. A communication from the Pro- mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- tation. Transportation. tion, Department of Transportation, trans- EC–3231. A communication from the Pro- EC–3240. A communication from the Senior mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Counsel, Wireless Telecommunications Bu- entitled ‘‘Airworthiness Directives; Eclipse tion, Department of Transportation, trans- reau, Federal Communications Commission, Aviation Corporation Model EA500 Air- mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of planes’’ ((RIN2120-AA64) (Docket No. 2007-CE- entitled ‘‘Establishment of Class E Airspace; a rule entitled ‘‘Reexamination of Roaming 056)) received on September 7, 2007; to the Dean Memorial Airport, NH’’ ((RIN2120- Obligations of Commercial Mobile Radio Committee on Commerce, Science, and AA66) (Docket No. 07-ANE-91)) received on Services Providers’’ ((WT Docket No. 05-265) Transportation. September 7, 2007; to the Committee on Com- (FCC 07-143)) received on September 6, 2007; EC–3223. A communication from the Pro- merce, Science, and Transportation. to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- EC–3232. A communication from the Pro- and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–3241. A communication from the Assist- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ant Bureau Chief for Management, Inter- entitled ‘‘Airworthiness Directives; Diamond mitting, pursuant to law, the report of a rule national Bureau, Federal Communications Aircraft Industries GmbH Model DA 42 Air- entitled ‘‘Modification of Restricted Areas Commission, transmitting, pursuant to law, planes’’ ((RIN2120-AA64) (Docket No. 2007-CE- 3601A and 3601B; Brookville, KS’’ ((RIN2120- the report of a rule entitled ‘‘In the Matter 023)) received on September 7, 2007; to the AA66) (Docket No. 04-ACE-32)) received on of Amendment of Parts 1 and 63 of the Com- Committee on Commerce, Science, and September 7, 2007; to the Committee on Com- mission’s Rules’’ ((FCC 07-118) (IB Docket Transportation. merce, Science, and Transportation. No. 04-47)) received on September 6, 2007; to EC–3224. A communication from the Pro- EC–3233. A communication from the Pro- the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–3242. A communication from the Sec- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule retary of Transportation, transmitting, pur- entitled ‘‘Airworthiness Directives; Alpha entitled ‘‘Establishment of Low Altitude suant to law, a report relative to the safe op- Aviation Design Limited Model R2160 Air- Area Navigation Routes; Los Angeles, CA’’ eration of Mexico-domiciled motor carriers planes’’ ((RIN2120-AA64) (Docket No. 2006-CE- ((RIN2120-AA66) (Docket No. 07-AWP-2)) re- beyond the commercial zones; to the Com- 079)) received on September 7, 2007; to the ceived on September 7, 2007; to the Com- mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- tation. Transportation. tation. EC–3243. A communication from the Chair- EC–3225. A communication from the Pro- EC–3234. A communication from the Pro- man, Federal Energy Regulatory Commis- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- sion, transmitting, pursuant to law, a report tion, Department of Transportation, trans- tion, Department of Transportation, trans- relative to energy pricing programs; to the mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Committee on Energy and Natural Re- entitled ‘‘Airworthiness Directives; Air Trac- entitled ‘‘Amendment of Class D Airspace; sources. tor, Inc. Models AT-602, AT-802, and AT-802A Valdosta, Moody AFB, GA’’ ((RIN2120-AA66) EC–3244. A communication from the Gen- Airplanes’’ ((RIN2120-AA64) (Docket No. 2007- (Docket No. 07-ASO-10)) received on Sep- eral Counsel, Nuclear Regulatory Commis- CE-011)) received on September 7, 2007; to the tember 7, 2007; to the Committee on Com- sion, transmitting, pursuant to law, the re- Committee on Commerce, Science, and port of a rule entitled ‘‘Use of Electronic Transportation. merce, Science, and Transportation. EC–3226. A communication from the Pro- EC–3235. A communication from the Pro- Submissions in Agency Hearings’’ (RIN3150- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- AH74) received on September 6, 2007; to the tion, Department of Transportation, trans- tion, Department of Transportation, trans- Committee on Environment and Public mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Works. EC–3245. A communication from the Prin- entitled ‘‘Airworthiness Directives; entitled ‘‘Revision of Class E Airspace; Red cipal Deputy Associate Administrator, Office SOCATA—Groupe Aerospatiale Models TB9, Dog, AK’’ ((RIN2120-AA66) (Docket No. 07- TB10, and TB200 Airplanes’’ ((RIN2120-AA64) AAL-04)) received on September 7, 2007; to of Policy, Economics and Innovation, Envi- (Docket No. 2007-CE-017)) received on Sep- the Committee on Commerce, Science, and ronmental Protection Agency, transmitting, tember 7, 2007; to the Committee on Com- Transportation. pursuant to law, the report of a rule entitled merce, Science, and Transportation. EC–3236. A communication from the Chief ‘‘Approval and Promulgation of Air Quality EC–3227. A communication from the Pro- of Staff, Media Bureau, Federal Communica- Implementation Plans; Delaware; Control of gram Analyst, Federal Aviation Administra- tions Commission, transmitting, pursuant to VOC Emissions from Crude Oil Lightering tion, Department of Transportation, trans- law, the report of a rule entitled ‘‘Amend- Operations’’ (FRL No. 8465-9) received on mitting, pursuant to law, the report of a rule ment of 73.202(b), Table of Allotments, FM September 7, 2007; to the Committee on Envi- entitled ‘‘Airworthiness Directives; APEX Broadcast Stations: Rockmart, Aragon, and ronment and Public Works. Aircraft Model CAP 10 B Airplanes’’ Ringgold, Georgia; Anderson, South Caro- EC–3246. A communication from the Prin- ((RIN2120-AA64) (Docket No. 2007-CE-019)) re- lina; and Chattanooga, Decatur, Harrison, cipal Deputy Associate Administrator, Office ceived on September 7, 2007; to the Com- Lynchburg, Spring City, and Wartrace, Ten- of Policy, Economics and Innovation, Envi- mittee on Commerce, Science, and Transpor- nessee’’ (MB Docket No. 05-282) received on ronmental Protection Agency, transmitting, tation. September 6, 2007; to the Committee on Com- pursuant to law, the report of a rule entitled EC–3228. A communication from the Pro- merce, Science, and Transportation. ‘‘Approval and Promulgation of Air Quality gram Analyst, Federal Aviation Administra- EC–3237. A communication from the Chief Implementation Plans; Indiana; VOC Emis- tion, Department of Transportation, trans- of Staff, Media Bureau, Federal Communica- sions from Fuel Grade Ethanol Production mitting, pursuant to law, the report of a rule tions Commission, transmitting, pursuant to Operations’’ (FRL No. 8464-4) received on entitled ‘‘Modification to the Norton Sound law, the report of a rule entitled ‘‘Amend- September 7, 2007; to the Committee on Envi- Low, Woody Island Low, Control 1234L and ment of 73.202(b), Table of Allotments, FM ronment and Public Works. Control 1487L Offshore Airspace Areas; Alas- Broadcast Stations: Dinosaur, Colorado’’ EC–3247. A communication from the Prin- ka’’ ((RIN2120-AA66) (Docket No. 06-AAL-29)) (MB Docket No. 07-79) received on September cipal Deputy Associate Administrator, Office received on September 7, 2007; to the Com- 6, 2007; to the Committee on Commerce, of Policy, Economics and Innovation, Envi- mittee on Commerce, Science, and Transpor- Science, and Transportation. ronmental Protection Agency, transmitting, tation. EC–3238. A communication from the Dep- pursuant to law, the report of a rule entitled EC–3229. A communication from the Pro- uty Bureau Chief, Public Safety and Home- ‘‘Approval and Promulgation of Air Quality gram Analyst, Federal Aviation Administra- land Security Bureau, Federal Communica- Implementation Plans; West Virginia; Clean tion, Department of Transportation, trans- tions Commission, transmitting, pursuant to Air Interstate Rule’’ (FRL No. 8465-6) re- mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Rec- ceived on September 7, 2007; to the Com- entitled ‘‘Revision of Area Navigation Route ommendations of the Independent Panel Re- mittee on Environment and Public Works. Q-22; South Central United States’’ viewing the Impact of Hurricane Katrina on EC–3248. A communication from the Prin- ((RIN2120-AA66) (Docket No. 07-ASW-4)) re- Communications Networks’’ ((FCC07-107) (EB cipal Deputy Associate Administrator, Office ceived on September 7, 2007; to the Com- Docket No. 06-119)) received on September 6, of Policy, Economics and Innovation, Envi- mittee on Commerce, Science, and Transpor- 2007; to the Committee on Commerce, ronmental Protection Agency, transmitting, tation. Science, and Transportation. pursuant to law, the report of a rule entitled EC–3230. A communication from the Pro- EC–3239. A communication from the Dep- ‘‘Approval and Promulgation of Implementa- gram Analyst, Federal Aviation Administra- uty Chief Financial Officer, Office of Man- tion Plans and Designation of Areas for Air

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11413 Quality Planning Purposes; Georgia: Redes- entitled ‘‘Airworthiness Directives; APEX Kennedy ’06; $4,200.00, 3/19/2006, Coleman for ignation of Macon, Georgia 8-Hour Ozone Aircraft Model CAP 10B Airplanes’’ Senate; $5,000.00, 3/17/2006, IRL PAC; $1,000.00, Nonattainment Area to Attainment for ((RIN2120–AA64) (Docket No. 2007–CE–020)) 2/14/2006, Tom Kean for U.S. Senate; $1,000.00, Ozone’’ (FRL No. 8466-4) received on Sep- received on September 7, 2007; to the Com- 2/9/2006, Friends of Ginny Brown-Waite; 1/24/ tember 7, 2007; to the Committee on Environ- mittee on Commerce, Science, and Transpor- 2006, Republican Party of Florida; $1.000.00, 1/ ment and Public Works. tation. 11/2006, Tom Delay Congressional Committee; EC–3249. A communication from the Prin- $2,200.00, 1/9/2006, Friends of George Allen; cipal Deputy Associate Administrator, Office f 2005—$2,100.00, 12/27/2005, ERIC PAC; of Policy, Economics and Innovation, Envi- REPORTS OF COMMITTEES $5,000.00, 9/29/2005, RJC PAC; $2,000.00, 8/17/ ronmental Protection Agency, transmitting, 2005, Ed Bryant for U.S. Senate; $200.00, 8/9/ pursuant to law, the report of a rule entitled The following reports of committees 2005, Friends of Katherine Harris; $4,000.00, 7/ ‘‘Approval and Promulgation of Implementa- were submitted: 13/2005, Friends of Katherine Harris; $5,000.00, tion Plans; Tennessee; Approval of Revisions By Mr. BIDEN, from the Committee on 6/28/2005, Solutions America PAC; $1,000.00, 6/ to the Tennessee SIP and the Nashville/Da- Foreign Relations, without amendment: 4/2005, Friends of Clay Shaw; $1,000.00, 3/30/ vidson County Portion of Tennessee SIP; S. 1138. A bill to enhance nuclear safe- 2005, Friends of George Allen; $1,000.00, 3/22/ Prevention of Significant Deterioration and guards and to provide assurances of nuclear 2005, Friends of George Allen; $1,000.00, 3/19/ Nonattainment New Source Review’’ (FRL fuel supply to countries that forgo certain 2005, Friends of Clay Shaw; $2,000.00, 1/6/2005, No. 8466-5) received on September 7, 2007; to fuel cycle activities (Rept. No. 110–151). Santorum 2006; $400.00, 1/6/2005, 21st Century the Committee on Environment and Public S. 1687. A bill to provide for global patho- Freedom PAC. Works. gen surveillance and response (Rept. No. 110– 2004—$2,000,00, 10/6/2004, Martinez, for Sen- EC–3250. A communication from the Prin- 152). ate; $25,000.00, 9/23/2004, Republican National cipal Deputy Associate Administrator, Office By Mr. LEAHY, from the Committee on Committee; $2,000.00, 8/26/2004, Martinez for of Policy, Economics and Innovation, Envi- the Judiciary, without amendment: Senate; $25,000.00, 8/11/2004, 2004 Joint Can- ronmental Protection Agency, transmitting, S. 1027. A bill to prevent tobacco smug- didate Committee. pursuant to law, the report of a rule entitled gling, to ensure the collection of all tobacco Per federal election law, contributions to a ‘‘Revising the Budget Period Limitation for taxes, and for other purposes (Rept. No. 110– joint fundraising committee are attributed Research Grants and Cooperative Agree- 153). among the ultimate recipients of the com- ments’’ ((RIN2080-AA12) (FRL No. 8466-9)) re- mittee’s proceeds based on a pre-existing al- ceived on September 7, 2007; to the Com- f location formula. Based upon available infor- mation, Ned Siegel’s contribution was at- mittee on Environment and Public Works. EXECUTIVE REPORTS OF EC–3251. A communication from the Sec- tributed as follows: retary of Health and Human Services, trans- COMMITTEES Richard Burr Committee (Richard Burr), mitting, pursuant to law, a report relative to The following executive reports of $2,000.00, Senate, GA; Cathy McMorris for actions under the Prescription Drug User nominations were submitted: Congress (Cathy Ann McMorris) (via WA–05 Fee Act during fiscal year 2006; to the Com- Congressional Victory Committee), (Gregory By Mr. BIDEN for the Committee on For- mittee on Finance. Edward Walcher), $937.50, House, WA–5; eign Relations. EC–3252. A communication from the Chief David Vitter for US Senate, $2,000.00, Senate, * Margaret Spellings, of Texas, to be des- of the Publications and Regulations Branch, LA; Northup for Congress (Anne M. ignated a Representative of the United Internal Revenue Service, Department of the Northup), $937.50, House, KY–3; Bob Beauprez States of America to the Thirty-fourth Ses- Treasury, transmitting, pursuant to law, the for Congress (Robert Louis Beauprez), sion of the General Conference of the United report of a rule entitled ‘‘Modification of $937.50, House, CO–7; Friends of Dave Nations Educational, Scientific, and Cul- Rev. Proc. 2006-53 to Reflect Statutory Reichert (Dave Reichert) (via WA–08 Con- tural Organization. Changes to Section 179’’ (Rev. Proc. 2007-60) gressional Victory Committee), $937.50, * Nancy Goodman Brinker, of Florida, to be received on September 7, 2007; to the Com- House, WA–8; Pete Sessions for Congress Chief of Protocol, and to have the rank of mittee on Finance. (Pete Sessions), $937.50, House, TX–32; EC–3253. A communication from the Chief Ambassador during her tenure of service. Walcher for Congress (Gregory Edward of the Publications and Regulations Branch, * Harry K. Thomas, Jr., of New York, a Ca- Walcher) (via CO–08 Congressional Victory Internal Revenue Service, Department of the reer Member of the Senior Foreign Service, Committee), $937.50, House, CO–3; Neugebaur Treasury, transmitting, pursuant to law, the Class of Minister-Counselor, to be Director Congressional Committee (Randy report of a rule entitled ‘‘Surrender of Prop- General of the Foreign Service. Neugebaur), $937.50, House, TX–19; Porter for erty Subject to Levy’’ (Rev. Proc. 2006-42) re- * Paula J. Dobriansky, of Virginia, for the Congress (Jon C. Porter, Sr.), $937.50, House, ceived on September 7, 2007; to the Com- rank of Ambassador during her tenure of NV–3; Simmons for Congress (Rob Simmons), mittee on Finance. service as Special Envoy for Northern Ire- $937.50, House, CT–2; Friends of Martinez, EC–3254. A communication from the Gen- land. $2,000.00, Senate, FL; Heather Wilson for eral Counsel, Federal Retirement Thrift In- * Ned L. Siegel, of Florida, to be Ambas- Congress (Heather Wilson), $937.50, House, vestment Board, transmitting, pursuant to sador Extraordinary and Plenipotentiary of NM-l; Nethercutt for Senate (George law, the report of a rule entitled ‘‘Privacy the United States of America to the Com- Nethercutt), $2,000.50, Senate, WA; Charles Act Regulations, Periodic Participant State- monwealth of The Bahamas. Boustany Jr. MD for Congress (Charles ments and Court Orders and Legal Processes Nominee Ned L. Siegel. Bustany) (via LA–07 Congressional Victory Affecting Thrift Savings Plan Accounts’’ (5 Post Ambassador to the Bahamas. Committee), $937.50, House, LA–7; Bush-Che- CFR Parts 1630, 1640, and 1653) received on (The following is a list of all members of ney ’04 Compliance Committee, $2,000.00, September 6, 2007; to the Committee on my immediate family and their spouses. I Presidential; Tauzin for Congress (Wilbert Homeland Security and Governmental Af- have asked each of these persons to inform Tauzin III) (via LA–03 Congressional Victory fairs. me of the pertinent contributions made by Committee), $937.50, House, LA–3; Max Burns EC–3255. A communication from the In- them. To the best of my knowledge, the in- for Congress (Maxie Burns), $937.50, House, spector General, Railroad Retirement Board, formation contained in this report is com- GA–12; Geoff Davis for Congress (Geoffrey C. transmitting, pursuant to law, the Board’s plete and accurate.) Davis) (via KY–04 Congressional Victory budget request for fiscal year 2009; to the Contributions, Amount, Date, and Donee: Committee), $937.50, House, KY–4; Rick Renzi Committee on Health, Education, Labor, and 1. Self, 2007—$2,000.00, 4/12/2007, Tom Roo- for Congress (Richard Renzi), $937.50, House, Pensions. ney for Congress; $2,300.00, 4/3/2007, Friends of AZ–1; PA–15 Congressional Victory Com- EC–3256. A communication from the Prin- John Thune; $4,600.00, 4/3/2007, McConnell mittee, $937.50, House, PA–15. cipal Deputy Assistant Attorney General, Of- Senate Committee; $2,300.00, 3/14/2007, 2004 (continued)—$500.00, 7/19/2004, Citizens fice of Legislative Affairs, Department of ORRINPAC; $2,300.00, 3/1/2007, Citizens for for Arlen Specter; $500.00, 5/24/2004, Mario Justice, transmitting, the report of draft leg- Arlen Specter; $200.00, 2/27/2007, John McCain Diaz-Balart for Congress; $500.00, 5/25/2004, islation intended to amend the law relating 2008; $2,300.00, 2/13/2007, Coleman for Senate; Lincoln Diaz-Balart for Congress; $4,000.00, 5/ to the appeals of those who have been sen- ($1,900.00), 3/31/2007, Coleman for Senate; 22/2004, Martinez for Senate; $500.00, 1/13/2004, tenced to death; to the Committee on the Ju- $2,100.00, 1/15/2007, John McCain 2008. Citizens for Arlen Specter. diciary. 2006—$2,000.00, 9/14/2006, Santorum 2006; 2003—$1.000.00, 10/21/2003, Cantor for Con- EC–3257. A communication from the White $1,000.00, 8/9/2006, Lieberman Campaign; gress; $5,000.00, 8/7/2003, RJC PAC; $25,000.00, House Liaison, Office of Legal Counsel, De- $2,000.00, 6/14/2006, ERIC PAC; $5,000.00, 6/14/ 8/4/2003, Republican National Committee; partment of Justice, transmitting, pursuant 2006, Restore America PAC; $2,100.00, 5/1/2006, $2,000.00, 5/28/2003, Bush-Cheney ’04; $2,000.00, to law, (7) reports relative to vacancies with- Friends of Clay Shaw; $100.00, 5/1/2006, 5/22//2003, Friends of Mark Foley; $500.00, 4/25/ in the Department, received on September 5, Friends of Clay Shaw; $5,000.00, 4/21/2006, 21st 2003, Cantor for Congress. 2007; to the Committee on the Judiciary. Century Freedom PAC; $1,000.00, 4/8/2006, Ger- 2. Spouse: STEPHANIE M. SIEGEL: 2007— EC–3258. A communication from the Pro- lach for Congress; $5,000.00, 4/8/2006, Straight $2,300.00, 4/12/2007, Friends of John Thune; gram Analyst, Federal Aviation Administra- Talk America; $1,000.00, 3/31/2006, Michael $4,600.00, 4/3/2007, McConnell Senate Com- tion, Department of Transportation, trans- Steele for Senate; $4,200.00, 3/31/2006, Mar- mittee; $2,300.00, 3/14/2007, ORRINPAC; mitting, pursuant to law, the report of a rule tinez for Senate; $2,500.00, 3/23/2006, Mark $2,300.00, 3/1/2007, Citizens for Arlen Specter;

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$200.00, 2/27/2007, John McCain 2008; $2,300.00, 2004—$1,000.00, 10/22/2004, Friends of Kath- CANTWELL, Mr. TESTER, Mrs. CLIN- 2/13/2007, Coleman for Senate; $2,100.00, 1/15/ erine Harris; $2,000.00, 10/6/2004, Friends of TON, Ms. LANDRIEU, Mr. ROCKE- 2007, John McCain 2008. Clay Shaw. FELLER, and Mr. SALAZAR): 2006—$2,000.00, 9/14/2006, Santorum 2006; Jullian L. Siegel: 2007—$2,300.00, 3/23/2007, S.J. Res. 18. A joint resolution providing $2,100.00, 9/7/2006, Friends of Mark Foley; John McCain 2008. for congressional disapproval under chapter 8 ($2,100.00), 10/23/2006, Friends of Mark Foley; 2004—$1,000.00, 10/22/2004, Friends of Kath- of title 5, United States Code, of the rule $100.00, 5/1/2006, Friends of Clay Shaw; erine Harris; $2,000.00, 10/6/2004, Friends of submitted by the Centers for Medicare & $2,100.00, 5/1/2006, Friends of Clay Shaw; Clay Shaw. Medicaid Services within the Department of $5,000.00, 4/10/2006, Straight Talk America; 4. Parents: Esther Siegel: 2007—$2,300.00, 2/ Health and Human Services relating to a $4,200.00, 3/29/2006, Martinez for Senate; 27/2007, John McCain 2008. cost limit for providers operated by units of $2,500.00, 3/23/2006, Mark Kennedy ’06; 2006—$500.00, 10/6/2006, Friends of Joe government and other provisions under the $5,000.00, 3/17/2006, IRLPAC. Lieberman; $1,000.00, 9/20/2006, Santorum 2006; Medicaid program; to the Committee on Fi- 2005—$25,000.00, 12/28/2005, Republican Na- $2,000.00, 5/2/2006, Robert Wexler for Congress nance. tional Committee; $4,200.00, 8/11/2005, Friends Committee. f of Katherine Harris; $4,200.00, 6/30/2005, 2005—$4,000.00, 12/21/2005, Bill Nelson for SUBMISSION OF CONCURRENT AND Friends of George Allen; $1,000.00, 6/4/2005, Senate. Friends of Clay Shaw. 2003—$2,000.00, 6/24/2003, Bush-Cheney ’04. SENATE RESOLUTIONS 2004—$25,000.00, 9/23/2004, Republican Na- Howard Siegel, Father, Deceased 11/16/2004. The following concurrent resolutions tional Committee; $2,000.00, 8/26/2004, John 2004—$2,000, 6/18/2004, Martinez for Senate. and Senate resolutions were read, and Thune for U.S. Senate; $25,000.00, 8/11/2004, 2003—$2,000, 6/24/2003, Bush-Cheney ’04; $500, referred (or acted upon), as indicated: 2004 Joint Candidate Committee. 4/23/2003, Robert Wexler for Congress Com- By Mr. CORNYN (for himself, Mr. ROB- Per federal election law, contributions to a mittee. joint fundraising committee are attributed ERTS, and Mr. MARTINEZ): 6. Brothers and spouses: Daniel R. Siegel, S. Res. 315. A resolution to express the among the ultimate recipients of the com- $1,000, Senator Robert Menendez. Diane mittee’s proceeds based on a pre-existing al- sense of the Senate that General David H. Siegel, 2006—$1,000, Senator Robert Menen- Petraeus, Commanding General, Multi-Na- location formula. Based upon available infor- dez; 2005—$250, 10/18/2005, Democratic Con- mation, Stephanie Siegel’s contribution was tional Force-Iraq, deserves the full support gressional Campaign Committee; $250, 7/21/ of the Senate and strongly condemn personal attributed as follows: Richard Burr Com- 2005, Democratic Senatorial Campaign Com- mittee (Richard Burr), $2,000.00, Senate, GA; attacks on the honor and integrity of Gen- mittee. eral Petraeus and all the members of the Cathy McMorris for Congress (Cathy Ann Marc J. Siegel, 2007—$2,300, 2/27/2007, John United States Armed Forces; to the Com- McMorris) (via WA–05 Congressional Victory McCain 2008. mittee on Armed Services. Committee), $812.50, House, WA–5; John 2006—$500, 10/6/2006, Friends of Joe By Mr. REED (for himself, Ms. COL- Thune for US Senate, $2,000.00, Senate, SD; Lieberman; $1,000, 9/20/2006, Santorum 2006; LINS, Mr. CARDIN, Mr. DURBIN, Mr. David Vitter for US Senate, $2,000.00, Senate, $5,000, 4/25/2006, Straight Talk America; BIDEN, Mr. WHITEHOUSE, Mr. OBAMA, LA; Northup for Congress (Anne M. $1,000, 3/31/2006, Martinez for Senate; $1,000, 3/ Mrs. CLINTON, Mr. SANDERS, Ms. Northup), $812.50, House, KY–3; Bob Beauprez 28/2006, Mark Kennedy ’06; $2,000, 1/27/2006, STABENOW, Mrs. BOXER, Mr. LEVIN, for Congress (Robert Louis Beauprez), Friends of George Allen. Mr. LAUTENBERG, Mr. CASEY, Mr. $812.50, House, CO–7; Friends of Dave 2004—$15,000, 10/22/2004, Republican Na- BROWN, Ms. KLOBUCHAR, Mr. FEIN- Reichert (Dave Reichert) (via WA–08 Con- tional Committee; $10,000, 10/4/2004, Repub- GOLD, Ms. SNOWE, Ms. CANTWELL, Mr. gressional Victory Committee), $812.50, lican Party of Florida—Federal; $2,000, 4/30/ LEAHY, Mr. LIEBERMAN, Mr. KERRY, House, WA–8; Pete Sessions for Congress 2004, Martinez for Senate. Mr. SCHUMER, Mr. NELSON of Ne- (Pete Sessions), $812.50, House, TX–32; 2003—$1,000, 9/16/2003, Bush-Cheney ’04; braska, Mr. INOUYE, and Mr. DODD): Walcher for Congress (Gregory Edward $1,000, 6/17/2003, Bush-Cheney ’04. S. Res. 316. A resolution designating the Walcher) (via CO–08 Congressional Victory Gail Siegel, None. weeks of October 21 through October 27, 2007 Committee), $812.50, House, CO–3; as ‘‘National Childhood Lead Poisoning Pre- Neugebauer Congressional Committee (*Nomination was reported with rec- ommendation that it be confirmed sub- vention Week’’; considered and agreed to. (Randy Neugebauer), $812.50, House, TX–19; By Mr. MCCONNELL: Porter for Congress (Jon C. Porter, Sr.), ject to the nominee’s commitment to S. Res. 317. A resolution to constitute the $812.50, House, NV–3; Simmons for Congress respond to requests to appear and tes- minority party’s membership on the Com- (Rob Simmons), $812.50, House, CT–2; Friends tify before any duly constituted com- mittee on Veterans’ Affairs for the remain- of Martinez, $2,000.00, Senate, FL; Heather mittee of the Senate.) der of the 110th Congress or until their suc- Wilson for Congress (Heather Wilson), cessors are chosen; considered and agreed to. $812.50, House, NM–1; Nethercutt for Senate f f (George Nethercutt), $2,000.00, Senate, WA; INTRODUCTION OF BILLS AND Charles Boustany Jr. MD for Congress JOINT RESOLUTIONS ADDITIONAL COSPONSORS (Charles Bustany) (via LA–07 Congressional S. 22 Victory Committee), $812.50, House, LA–7; The following bills and joint resolu- At the request of Mr. WEBB, the Bush-Cheney ’04 Compliance Committee, tions were introduced, read the first name of the Senator from Hawaii (Mr. $2,000.00, Presidential; Tauzin for Congress and second times by unanimous con- INOUYE) was added as a cosponsor of S. (Wilbert Tauzin III) (via LA–03 Congressional sent, and referred as indicated: Victory Committee), $812.50, House, LA–3; 22, a bill to amend title 38, United By Ms. KLOBUCHAR: Max Burns for Congress (Maxie Burns), States Code, to establish a program of S. 2037. A bill to amend the Consumer $812.50, House, GA–12; Geoff Davis for Con- educational assistance for members of Product Safety Act to make it unlawful to gress (Geoffiey C. Davis) (via KY–04 Congres- sell a recalled product, and for other pur- the Armed Forces who serve in the sional Victory Committee), $812.50, House, poses; to the Committee on Commerce, Armed Forces after September 11, 2001, KY–4; Rick Renzi for Congress (Richard Science, and Transportation. and for other purposes. Renzi), $812.50, House, AZ–1; PA–15 Congres- By Ms. KLOBUCHAR: S. 34 sional Victory Committee, $812.50, House, S. 2038. A bill to prohibit the introduction PA–15. At the request of Mr. ENZI, the name 2004 (Continued)—$7,000.00, 7/2/2004, Na- or delivery for introduction into interstate of the Senator from Hawaii (Mr. tional Republican Senatorial Committee; commerce of children’s products that con- INOUYE) was added as a cosponsor of S. $4,000.00, 5/21/2004, Martinez for Senate. tain lead, and for other purposes; to the 34, a bill to promote simplification and 2003—$500.00, 11/14/2003, Northstar Leader- Committee on Commerce, Science, and fairness in the administration and col- Transportation. ship PAC; $2,000.00, 11/3/2003, Robert Wexler lection of sales and use taxes. for Congress; $25,000.00, 8/4/2003, Republican By Mr. HATCH (for himself and Mr. S. 166 National Committee; $2,000.00, 5/28/2003, BENNETT): Bush-Cheney ’04. S. 2039. A bill to require an assessment of At the request of Mr. MCCAIN, the 3. Children: Joshua M. Siegel: 2007— the plans for the modernization and name of the Senator from Maine (Ms. $2,300.00, 3/23/2007, John McCain 2008. sustainment of the land-based, Minuteman SNOWE) was added as a cosponsor of S. 2004—$1,000.00, 10/22/2004, Friends of Kath- III intercontinental ballistic missile stra- 166, a bill to restrict any State from erine Harris; $2,000.00, 10/6/2004, Friends of tegic deterrent force, and for other purposes; imposing a new discriminatory tax on Clay Shaw; $2,000.00, 8/27/2004, Friends of to the Committee on Armed Services. cell phone services. Sherwood Boehlert. By Mr. BINGAMAN (for himself, Mr. S. 351 2003—$2,000.00, 9/30/2003, Bush-Cheney ’04 OBAMA, Mr. BROWN, Mr. KERRY, Mr. ITTER Compliance Committee; $2,000.00, 6/25/2003, BYRD, Mrs. FEINSTEIN, Mr. NELSON of At the request of Mr. V , the Bush-Cheney ’04, Inc. Florida, Mr. FEINGOLD, Mrs. MURRAY, name of the Senator from Oklahoma Justin M. Siegel: 2007—$2,300.00, 3/23/2007, Mr. BAYH, Mrs. LINCOLN, Mr. PRYOR, (Mr. INHOFE) was added as a cosponsor John McCain 2008. Mr. WHITEHOUSE, Mr. SANDERS, Ms. of S. 351, a bill to amend title X of the

VerDate Aug 31 2005 03:30 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S11SE7.REC S11SE7 mmaher on MIKETEMP with CONG-REC-ONLINE September 11, 2007 CONGRESSIONAL RECORD — SENATE S11415 Public Health Service Act to prohibit under such agreements, to provide cer- S. 1430 family planning grants from being tain substantive rights to consumers At the request of Mr. OBAMA, the awarded to any entity that performs under such agreements, and for other name of the Senator from New Jersey abortions. purposes. (Mr. MENENDEZ) was added as a cospon- S. 505 S. 1038 sor of S. 1430, a bill to authorize State At the request of Ms. COLLINS, the At the request of Mr. CORNYN, the and local governments to direct dives- name of the Senator from Kansas (Mr. name of the Senator from Kansas (Mr. titure from, and prevent investment in, ROBERTS) was added as a cosponsor of ROBERTS) was added as a cosponsor of companies with investments of S. 505, a bill to amend the Internal S. 1038, a bill to amend the Internal $20,000,000 or more in Iran’s energy sec- Revenue Code of 1986 to increase the Revenue Code of 1986 to expand work- tor, and for other purposes. above-the-line deduction for teacher place health incentives by equalizing S. 1451 classroom supplies and to expand such the tax consequences of employee ath- At the request of Mr. WHITEHOUSE, deduction to include qualified profes- letic facility use. the name of the Senator from New sional development expenses. S. 1149 Mexico (Mr. BINGAMAN) was added as a S. 788 At the request of Mr. KOHL, the name cosponsor of S. 1451, a bill to encourage At the request of Mr. SUNUNU, the of the Senator from Montana (Mr. the development of coordinated quality name of the Senator from Georgia (Mr. TESTER) was added as a cosponsor of S. reforms to improve health care deliv- ISAKSON) was added as a cosponsor of 1149, a bill to amend the Federal Meat ery and reduce the cost of care in the S. 788, a bill to authorize the Moving to Inspection Act and the Poultry Prod- health care system. Work Charter program to enable public ucts Inspection Act to authorize the S. 1460 housing agencies to improve the effec- interstate distribution of State-in- At the request of Mr. HARKIN, the tiveness of Federal housing assistance, spected meat and poultry if the Sec- name of the Senator from New York and for other purposes. retary of Agriculture determines that (Mrs. CLINTON) was added as a cospon- S. 803 the State inspection requirements are sor of S. 1460, a bill to amend the Farm At the request of Mr. ROCKEFELLER, at least equal to Federal inspection re- Security and Rural Development Act of the name of the Senator from Con- quirements and to require the Sec- 2002 to support beginning farmers and necticut (Mr. DODD) was added as a co- retary to reimburse State agencies for ranchers, and for other purposes. part of the costs of the inspections. sponsor of S. 803, a bill to repeal a pro- S. 1484 vision enacted to end Federal matching S. 1175 At the request of Mr. ROBERTS, the of State spending of child support in- At the request of Mr. DURBIN, the name of the Senator from Rhode Island centive payments. name of the Senator from Florida (Mr. (Mr. WHITEHOUSE) was added as a co- S. 809 MARTINEZ) was added as a cosponsor of sponsor of S. 1484, a bill to amend part At the request of Mr. SUNUNU, the S. 1175, a bill to end the use of child B of title XVIII of the Social Security name of the Senator from Georgia (Mr. soldiers in hostilities around the world, Act to restore the Medicare treatment ISAKSON) was added as a cosponsor of and for other purposes. of ownership of oxygen equipment to S. 809, a bill to amend the United S. 1281 that in effect before enactment of the States Housing Act of 1937 to exempt At the request of Mr. BARRASSO, his Deficit Reduction Act of 2005. qualified public housing agencies from name was added as a cosponsor of S. S. 1512 the requirement of preparing an annual 1281, a bill to amend the Wild and Sce- public housing agency plan. At the request of Mrs. BOXER, the nic Rivers Act to designate certain riv- name of the Senator from Mississippi S. 819 ers and streams of the headwaters of (Mr. COCHRAN) was added as a cospon- At the request of Mr. DORGAN, the the Snake River System as additions sor of S. 1512, a bill to amend part E of name of the Senator from Hawaii (Mr. to the National Wild and Scenic Rivers title IV of the Social Security Act to INOUYE) was added as a cosponsor of S. System. expand Federal eligibility for children 819, a bill to amend the Internal Rev- S. 1316 in foster care who have attained age 18. enue Code of 1986 to expand tax-free At the request of Mrs. FEINSTEIN, the S. 1514 distributions from individual retire- name of the Senator from New Jersey At the request of Mr. DODD, the ment accounts for charitable purposes. (Mr. LAUTENBERG) was added as a co- names of the Senator from Illinois (Mr. S. 849 sponsor of S. 1316, a bill to establish OBAMA) and the Senator from Virginia At the request of Mr. LEAHY, the and clarify that Congress does not au- (Mr. WARNER) were added as cosponsors name of the Senator from California thorize persons convicted of dangerous of S. 1514, a bill to revise and extend (Mrs. BOXER) was added as a cosponsor crimes in foreign courts to freely pos- provisions under the Garrett Lee of S. 849, a bill to promote accessi- sess firearms in the United States. Smith Memorial Act. bility, accountability, and openness in S. 1328 S. 1556 Government by strengthening section At the request of Mr. LEAHY, the 552 of title 5, United States Code (com- name of the Senator from California At the request of Mr. SMITH, the name of the Senator from California monly referred to as the Freedom of In- (Mrs. BOXER) was added as a cosponsor formation Act), and for other purposes. of S. 1328, a bill to amend the Immigra- (Mrs. BOXER) was added as a cosponsor of S. 1556, a bill to amend the Internal S. 881 tion and Nationality Act to eliminate Revenue Code of 1986 to extend the ex- At the request of Mrs. LINCOLN, the discrimination in the immigration names of the Senator from South Da- laws by permitting permanent partners clusion from gross income for em- ployer-provided health coverage to des- kota (Mr. JOHNSON) and the Senator of United States citizens and lawful ignated plan beneficiaries of employ- from Massachusetts (Mr. KERRY) were permanent residents to obtain lawful added as cosponsors of S. 881, a bill to permanent resident status in the same ees, and for other purposes. amend the Internal Revenue Code of manner as spouses of citizens and law- S. 1605 1986 to extend and modify the railroad ful permanent residents and to penalize At the request of Mr. BARRASSO, his track maintenance credit. immigration fraud in connection with name was added as a cosponsor of S. S. 1012 permanent partnerships. 1605, a bill to amend title XVIII of the At the request of Ms. LANDRIEU, the S. 1382 Social Security Act to protect and pre- name of the Senator from Washington At the request of Mr. REID, the name serve access of Medicare beneficiaries (Ms. CANTWELL) was added as a cospon- of the Senator from Montana (Mr. in rural areas to health care providers sor of S. 1012, a bill to amend the Con- TESTER) was added as a cosponsor of S. under the Medicare program, and for sumer Credit Protection Act to assure 1382, a bill to amend the Public Health other purposes. meaningful disclosures of the terms of Service Act to provide the establish- S. 1621 rental-purchase agreements, including ment of an Amyotrophic Lateral Scle- At the request of Mr. CONRAD, the disclosures of all costs to consumers rosis Registry. name of the Senator from Washington

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11416 CONGRESSIONAL RECORD — SENATE September 11, 2007 (Ms. CANTWELL) was added as a cospon- kota (Mr. CONRAD) was added as a co- AMENDMENT NO. 2805 sor of S. 1621, a bill to amend the Inter- sponsor of S. 1971, a bill to authorize a At the request of Mr. LAUTENBERG, nal Revenue Code of 1986 to treat cer- competitive grant program to assist the name of the Senator from New Jer- tain farming business machinery and members of the National Guard and sey (Mr. MENENDEZ) was added as a co- equipment as 5-year property for pur- Reserve and former and current mem- sponsor of amendment No. 2805 in- poses of depreciation. bers of the Armed Forces in securing tended to be proposed to H.R. 3074, a S. 1638 employment in the private sector, and bill making appropriations for the De- At the request of Mr. HATCH, the for other purposes. partments of Transportation, and name of the Senator from New Mexico S. 1977 Housing and Urban Development, and related agencies for the fiscal year end- (Mr. DOMENICI) was added as a cospon- At the request of Mr. OBAMA, the sor of S. 1638, a bill to adjust the sala- name of the Senator from Illinois (Mr. ing September 30, 2008, and for other ries of Federal justices and judges, and DURBIN) was added as a cosponsor of S. purposes. for other purposes. 1977, a bill to provide for sustained f S. 1668 United States leadership in a coopera- STATEMENTS ON INTRODUCED At the request of Mr. DODD, the tive global effort to prevent nuclear BILLS AND JOINT RESOLUTIONS terrorism, reduce global nuclear arse- names of the Senator from New York By Mr. HATCH (for himself and Mr. nals, stop the spread of nuclear weap- (Mrs. CLINTON) and the Senator from BENNETT): S. 2039. A bill to require an Pennsylvania (Mr. CASEY) were added ons and related material and tech- assessment of the plans for the mod- as cosponsors of S. 1668, a bill to assist nology, and support the responsible ernization and sustainment of the land- in providing affordable housing to and peaceful use of nuclear technology. based, Minuteman III intercontinental those affected by the 2005 hurricanes. S. 1999 ballistic missile strategic deterrent S. 1818 At the request of Mr. KERRY, the force, and for other purposes; to the name of the Senator from Montana At the request of Mr. OBAMA, the Committee on Armed Services. name of the Senator from New Jersey (Mr. TESTER) was added as a cosponsor Mr. HATCH. Mr. President, today I of S. 1999, a bill to provide for the es- (Mr. MENENDEZ) was added as a cospon- rise to introduce the Strategic Deter- sor of S. 1818, a bill to amend the Toxic tablishment of a Center of Excellence rent Sustainment Act of 2007, which is Substances Control Act to phase out in Prevention, Diagnosis, Mitigation, cosponsored by Senator BENNETT. Cur- the use of mercury in the manufacture Treatment, and Rehabilitation of Mili- rently, our land-based strategic forces of chlorine and caustic soda, and for tary Eye Injuries, and for other pur- are in the process of completing a vital other purposes. poses. and important modernization program. S. 2020 However, I am unaware of any De- S. 1821 At the request of Mr. LUGAR, the partment of Defense plan to maintain At the request of Mrs. CLINTON, the name of the Senator from Nebraska our land-based strategic missile indus- name of the Senator from Missouri (Mr. HAGEL) was added as a cosponsor trial base once this modernization is (Mrs. MCCASKILL) was added as a co- of S. 2020, a bill to reauthorize the completed in the next 2 to 3 years. sponsor of S. 1821, a bill to prohibit the Tropical Forest Conservation Act of Therefore, this legislation would re- closure or relocation of any county, 1998 through fiscal year 2010, to rename quire the Secretary of Defense to pre- local, or field office of the Farm Serv- the Tropical Forest Conservation Act pare a report detailing how our Nation ice Agency or Natural Resources Con- of 1998 as the ‘‘Tropical Forest and will maintain an industrial base to re- servation Service or any office related Coral Conservation Act of 2007’’, and place the Minuteman III missile with a to the rural development mission of for other purposes. follow-on land-based strategic deter- the Department of Agriculture until at S.J. RES. 13 rent after 2030. 2030, is of course, the least 1 year after the enactment of an date in which the Minuteman III sys- Act to provide for the continuation of At the request of Mr. LEAHY, the names of the Senator from Rhode Is- tem is scheduled to be replaced. The agricultural programs after fiscal year Secretary, under this legislation, will 2007. land (Mr. REED) and the Senator from Maine (Ms. COLLINS) were added as co- also be required to outline how our Na- S. 1852 sponsors of S.J. Res. 13, a joint resolu- tion will maintain, modernize and sus- At the request of Mr. INOUYE, the tion granting the consent of Congress tain the Minuteman III interconti- name of the Senator from California to the International Emergency Man- nental ballistic missile system until at (Mrs. BOXER) was added as a cosponsor agement Assistance Memorandum of least 2030. of S. 1852, a bill to designate the Friday Understanding. To put this in context, in 2002, the after Thanksgiving of each year as administration wisely committed the S. RES. 201 ‘‘Native American Heritage Day’’ in U.S. to a policy of modernizing our At the request of Mr. CHAMBLISS, the honor of the achievements and con- land-based intercontinental ballistic names of the Senator from South Caro- tributions of Native Americans to the missile force. Under this policy, the lina (Mr. GRAHAM), the Senator from United States. Peacemaker ICBM has been retired and Maine (Ms. COLLINS) and the Senator S. 1944 that system’s warheads are being ret- from Montana (Mr. TESTER) were added rofitted and placed into the Minuteman At the request of Mr. LAUTENBERG, as cosponsors of S. Res. 201, a resolu- the name of the Senator from North III fleet. In addition to the new war- tion supporting the goals and ideals of heads, 500 Minuteman III systems are Carolina (Mrs. DOLE) was added as a ‘‘National Life Insurance Awareness cosponsor of S. 1944, a bill to provide being completely rebuilt and thor- Month’’. oughly modernized. justice for victims of state-sponsored AMENDMENT NO. 2251 terrorism. Unfortunately, after this work is At the request of Mr. LAUTENBERG, completed, no other work on land- S. 1958 the names of the Senator from North based strategic missile systems is At the request of Mr. CONRAD, the Carolina (Mrs. DOLE), the Senator from planned. As we all know, building an name of the Senator from Kansas (Mr. Delaware (Mr. CARPER) and the Sen- intercontinental ballistic missile is ex- ROBERTS) was added as a cosponsor of ator from Rhode Island (Mr. tremely complex and a great feat of en- S. 1958, a bill to amend title XVIII of WHITEHOUSE) were added as cosponsors gineering. It requires engineers with the Social Security Act to ensure and of amendment No. 2251 intended to be years of experience and highly trained foster continued patient quality of care proposed to H.R. 1585, to authorize ap- and professional manufacturing spe- by establishing facility and patient cri- propriations for fiscal year 2008 for cialists to successfully and safely build teria for long-term care hospitals and military activities of the Department a missile system. Clearly, if there are related improvements under the Medi- of Defense, for military construction, not any additional systems to build, care program. and for defense activities of the De- then these sought after engineers and S. 1971 partment of Energy, to prescribe mili- specialists will merely find employ- At the request of Mr. KERRY, the tary personnel strengths for such fiscal ment elsewhere. In addition, if a re- name of the Senator from North Da- year, and for other purposes. placement system will not be built

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11417 until 2030, it is very likely that much missile is nearing completion. Once that pro- any such program to the program for the of our Nation’s knowledge on how to gram is complete, there will be no program Minuteman III intercontinental ballistic design and build a land-based strategic to sustain the capability of the United missile system. States industrial base to modernize or re- (c) COMPTROLLER GENERAL REVIEW.—Not missile system will be lost. place the intercontinental ballistic missiles later than 60 days after submittal under sub- As an example, one can point to the that constitute the sole land-based strategic section (a) of the report required by that British who recently decided to mod- deterrent system of the United States. subsection, the Comptroller General of the ernize their nuclear deterrent. Since (6) As an example, motor production for United States shall submit to the congres- the British nuclear warhead industrial the Minuteman III Propulsion Replacement sional defense committees a report setting base all but ceased to exist years ago, Program (PRP) is currently scheduled to end forth the Comptroller General’s assessment that nation will now have to allocate in fiscal year 2009. Once the PRP program of the matters contained in the report under billions of additional pounds to recon- ends, the capacity of the United States in- subsection (a), including an assessment of dustrial base to respond to matters arising stitute their design and production ca- the consistency of the budget of the Presi- from the aging and obsolescence of Minute- dent for fiscal year 2009, as submitted to pability. man III intercontinental ballistic missiles Congress pursuant to section 1105 of title 31, What would be the cost of our Nation will be extremely diminished, decades-worth United States Code, with the matters con- to maintain our land-based strategic of critical program knowledge may be lost, tained in the report under subsection (a). missile industrial base? Well I under- and the current design of the Minuteman III (d) CONGRESSIONAL DEFENSE COMMITTEES stand, the propulsion portion of the in- intercontinental ballistic missile is likely to DEFINED.—In this section, the term ‘‘con- dustrial base can be maintained for the no longer be reproducible. gressional defense committees’’ means— relatively modest sum of under $50 mil- SEC. 3. REPORT ON CAPABILITIES FOR (1) the Committee on Armed Services and SUSTAINMENT OF THE MINUTEMAN the Committee on Appropriations of the Sen- lion a year. In fact, such a program al- III INTERCONTINENTAL BALLISTIC ate; and ready exists for our submarine MISSILE. (2) the Committee on Armed Services and launched ballistic missile systems. (a) REPORT REQUIRED.—Not later than the Committee on Appropriations of the Under this industrial base sustainment March 1, 2008, the Secretary of Defense shall House of Representatives. plan, 12 Trident missiles are manufac- submit to the congressional defense commit- tees a report on the capability of the United By Mr. BINGAMAN (for himself, tured each year. States industrial base to achieve each of the Should a plan to maintain our land- following: Mr. OBAMA, Mr. BROWN, Mr. based strategic missile industrial base (1) To maintain, modernize, and sustain KERRY, Mr. BYRD, Mrs. FEIN- closely follow our submarine launched the Minuteman III intercontinental ballistic STEIN, Mr. NELSON of Florida, strategic missile industrial plans? Well missile (ICBM) system until at least 2030. Mr. FEINGOLD, Mrs. MURRAY, under this legislation, the Secretary of (2) To replace the Minuteman III inter- Mr. BAYH, Mrs. LINCOLN, Mr. Defense will have the opportunity to continental ballistic missile with a follow-on PRYOR, Mr. WHITEHOUSE, Mr. make that determination. land-based strategic deterrent system after SANDERS, Ms. CANTWELL, Mr. 2030. TESTER, Mrs. CLINTON, Ms. LAN- In conclusion, during this period of (b) ELEMENTS.—The report required by uncertainty we must keep our Nation’s paragraph (1) shall include the following: DRIEU, Mr. ROCKEFELLER, and defense industrial options open in order (1) A description of any current plans for Mr. SALAZAR): to meet the threats of the future. The extending the Minuteman III interconti- S.J. Res. 18. A joint resolution pro- Strategic Deterrent Sustainment Act nental ballistic missile system after the pe- viding for congressional disapproval of 2007 affords us that opportunity and riod from 2020 to 2030, including plans for under chapter 8 of title 5, United I hope that it will receive from my col- testing sufficient to account for any aging States Code, of the rule submitted by and obsolescence found in the Minuteman III leagues the support it deserves. the Centers for Medicare & Medicaid intercontinental ballistic missile during the Services within the Department of I ask unanimous consent that the remaining life of the system, and an assess- text of the bill be printed in the ment of the risks associated with such plans Health and Human Services relating to RECORD. after the shutdown of associated production a cost limit for providers operated by There being no objection the text of lines. units of government and other provi- the bill was ordered to be printed in (2) A description of any current plans to sions under the Medicaid program; to the RECORD, as follows: maintain the Minuteman III interconti- the Committee on Finance. S. 2039 nental ballistic missile system after 2030, in- Mr. BINGAMAN. Mr. President, I rise cluding an assessment of any risks associ- today with Senators ROCKEFELLER, Be it enacted by the Senate and House of Rep- ated with such plans after the shutdown of OBAMA, BROWN, KERRY, BYRD, FEIN- resentatives of the United States of America in associated production lines. Congress assembled, (3) An explanation why the Minuteman III STEIN, BILL NELSON, FEINGOLD, MUR- SECTION 1. SHORT TITLE. intercontinental ballistic missile system, RAY, BAYH, LINCOLN, PRYOR, WHITE- This Act may be cited as the ‘‘Strategic the only United States land-based strategic HOUSE, SANDERS, CANTWELL, TESTER, Deterrent Sustainment Act of 2007’’. deterrent system, is no longer considered to CLINTON, LANDRIEU, and SALAZAR to SEC. 2. FINDINGS. be of the highest national defense urgency, offer a Joint Resolution that provides Congress makes the following findings: as indicated by inclusion of the system on for Congressional disapproval of the (1) The strategic forces of the United the so-called ‘‘DX-Rated Program List’’ rule submitted by the Centers for Medi- States remain a cornerstone of United States while the sea-based strategic deterrent sys- care and Medicaid Services, CMS, re- national security. tem, the Trident II D5 missile system, is still (2) The 2001 Nuclear Posture Review states on the so-called ‘‘DX-list’’. lating to a cost limit for providers op- that it is the current policy of the United (4) An analysis of existing commonalities erated by units of government and States that intercontinental ballistic mis- between the service life extension program other provisions under the Medicaid siles (ICBMs), submarine-launched ballistic for the Trident II D5 missile system and any program, 72 Fed. Reg. 29748, May 29, missiles, and long-range nuclear-armed equivalent planned service life extension 2007. bombers play a critical role in the defense program for the Minuteman III interconti- This rule is a very blunt and sweep- capabilities of the United States, its allies, nental ballistic missile system, including an ing instrument. It is purportedly in- and friends. analysis of the impact on materials, the sup- tended to stamp out certain categories (3) The dispersed and alert Minuteman III plier base, production facilities, and the pro- of Medicaid fraud, which by CMS’s own intercontinental ballistic missile system duction workforce of extending all or part of provides the most responsive, stabilizing, the service life extension program for the admission may only be an issue in 3 and cost-effective strategic force. Trident II D5 missile system to a service life States. As a result of the sweeping na- (4) Section 139 of the John Warner National extension program for the Minuteman III ture of this rule, many States like New Defense Authorization Act for Fiscal Year intercontinental ballistic missile system. Mexico will lose hundreds of millions 2007 (Public Law 109–364; 120 Stat. 2114) re- (5) An assessment of the adequacy of cur- of dollars in Federal Medicaid dollars. quires the Secretary of the Air Force to rent and anticipated programs, such as mis- This would occur despite that fact that modernize Minuteman III intercontinental sile defense, space launch, and prompt global New Mexico and other States have ballistic missiles in the United States inven- strike programs, to support the industrial worked hard to ensure the integrity of tory so as to maintain a sufficient supply of base for the Minuteman III intercontinental launch test assets and spares to sustain the ballistic missile system, including an anal- their Medicaid programs and have con- deployed force of such missiles through 2030. ysis of the impact on materials, the supplier sistently received approval from CMS (5) The modernization program for the base, production facilities, and the produc- for the design and operation of their Minuteman III intercontinental ballistic tion workforce of extending all or part of programs.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11418 CONGRESSIONAL RECORD — SENATE September 11, 2007 Congress has reacted strongly to the SUBMITTED RESOLUTIONS Mr. WHITEHOUSE, Mr. OBAMA, Mrs. proposed regulation with 65 Senators CLINTON, Mr. SANDERS, Ms. STABENOW, and 263 House Members publicly criti- SENATE RESOLUTION 315—TO EX- Mrs. BOXER, Mr. LEVIN, Mr. LAUTEN- cizing the rule. Ultimately, Congress PRESS THE SENSE OF THE SEN- BERG, Mr. CASEY, Mr. BROWN, Ms. temporarily prevented CMS from im- ATE THAT GENERAL DAVID H. KLOBUCHAR, Mr. FEINGOLD, Ms. SNOWE, plementing the regulation. A 1-year PETRAEUS, COMMANDING GEN- Ms. CANTWELL, Mr. LEAHY, Mr. moratorium of the rule was adopted in ERAL, MULTI-NATIONAL FORCE- LIEBERMAN, Mr. KERRY, Mr. SCHUMER, the recent supplemental appropriations IRAQ, DESERVES THE FULL SUP- Mr. NELSON of Nebraska, Mr. INOUYE, bill, P.L. 110–28, Section 7002. This mor- PORT OF THE SENATE AND and Mr. DODD) submitted the following atorium blocks CMS from imple- STRONGLY CONDEMN PERSONAL resolution; which was considered and menting the Medicaid regulation be- ATTACKS ON THE HONOR AND agreed to: fore May 25, 2008. INTEGRITY OF GENERAL S. RES. 316 In spite of clear Congressional dis- PETRAEUS AND ALL THE MEM- Whereas lead poisoning is a leading envi- BERS OF THE UNITED STATES approval, CMS published a final rule in ronmental health hazard to children in the ARMED FORCES United States; the Federal Register the very day the Whereas according to the Centers for Dis- President signed the 1-year morato- Mr. CORNYN (for himself, Mr. ROB- ERTS, and Mr. MARTINEZ) submitted the ease Control and Prevention, 240,000 pre- rium provision into law. The final reg- following resoluTion; which was re- school children in the United States have ulation retains the most damaging harmful levels of lead in their blood; ferred to the Committee on Armed Whereas lead poisoning may cause serious, components of the proposed regulation, Services: including limiting Medicaid payments long-term harm to children, including re- S. RES. 315 duced intelligence and attention span, be- to safety-net hospitals. In addition, we Whereas, the Senate unanimously con- havior problems, learning disabilities, and have been contacted by State Medicaid firmed General David H. Petraeus as Com- impaired growth; agencies that have been asked to cer- manding General, Multi-National Force-Iraq, Whereas children from low-income families by a vote of 81–0 on January 26, 2007. are significantly more likely to be poisoned tify in State Plan Amendments being Whereas, General Petraeus graduated first considered this year that they will be in his class at the United States Army Com- by lead than are children from high-income families; in compliance with rule as soon as the mand and General Staff College. Whereas, General Petraeus earned Masters Whereas children may be poisoned by lead moratorium is lifted in 2008. of Public Administration and Doctoral de- in water, soil, or consumable products; Major Medicaid reforms require a grees in international relations from Prince- Whereas children most often are poisoned Congressional role; by rushing to pub- ton University. in their homes through exposure to lead par- Whereas, General Petraeus has served mul- ticles when lead-based paint deteriorates or lish a final regulation, CMS has dis- tiple combat tours in Iraq, including com- is disturbed during home renovation and re- regarded Congressional opposition and mand of the 101st Airborne Division (Air As- painting; and attempted to usurp our role. CMS’s ac- sault) during combat operations throughout Whereas lead poisoning crosses all barriers tion requires States to prepare for im- the first year of Operation Iraqi Freedom, of race, income, and geography: Now, there- which tours included both major combat op- fore, be it plementation of the regulation and ex- erations and subsequent stability and sup- pend administrative resources to do so, port operations. Resolved, That the Senate— all of this before Congress has the op- Whereas, General Petraeus supervised the (1) designates the week of October 21 development and crafting of the United portunity to address the key policy through October 27, 2007, as ‘‘National Child- States Army and Marine Corps hood Lead Poisoning Prevention Week’’; and issues contained in the regulation. counterinsurgency manual based in large (2) calls upon the people of the United This Resolution of Disapproval will measure on his combat experience in Iraq, States to observe National Childhood Lead scholarly study, and other professional expe- permanently halt the damaging CMS Poisoning Prevention Week with appropriate riences. programs and activities. regulation. At this time, it is the ap- Whereas, General Petraeus has taken a sol- propriate response given CMS’s emn oath to protect and defend the Constitu- tion of the United States of America. f issuance of the final Medicaid rule and Whereas, during his 35-year career, General its devastating effect on State Med- Petraeus has amassed a distinguished and SENATE RESOLUTION 317—TO CON- unvarnished record of military service to the icaid programs, safety-net providers, STITUTE THE MINORITY PAR- and, ultimately, the ability of low-in- United States as recognized by his receipt of a Defense Distinguished Service Medal, two TY’S MEMBERSHIP ON THE COM- come Americans to receive the life-sav- Distinguished Service Medals, two Defense MITTEE ON VETERANS’ AFFAIRS ing medical care to which they are en- Superior Service Medals, four Legions of FOR THE REMAINDER OF THE titled under Federal law. Merit, the Bronze Star Medal for valor, the 110TH CONGRESS OR UNTIL State Department Superior Honor Award, Therefore, I rise today to offer joint the NATO Meritorious Service Medal, and THEIR SUCCESSORS ARE CHOSEN resolution with my colleagues and urge other awards and medals. others to join in cosponsoring this im- Whereas, a recent attack through a full- Mr. MCCONNELL submitted the fol- lowing resolution; which was consid- portant resolution. Together we can page advertisement in the New York Times by the liberal activist group, Moveon.org, ered and agreed to: work to ensure its passage before the impugns the honor and integrity of General Resolved, That the following shall con- devastating Medicaid rule takes effect Petraeus and all the members of the United stitute the minority party’s appointments to and jeopardizes our States’ Medicaid States Armed Forces: Now, be it Resolved, That it is the sense of the Senate the Committee on Veterans’ Affairs for the programs. (1) to reaffirm its support for all the men remainder of the 110th Congress or until I ask unanimous consent that the and women of the United States Armed their successors are chosen: Mr. BURR, Mr. text of joint resolution be printed in Forces, including General David H. Petraeus, SPECTER, Mr. CRAIG, Mr. ISAKSON, Mr. Commanding General, Multi-National Force- GRAHAM, Mrs. HUTCHISON, Mr. ENSIGN. the RECORD. Iraq; There being no objection, the text of (2) to strongly condemn any effort to at- f the joint resolution was ordered to be tack the honor and integrity of General Petraeus and all the members of the United printed in the RECORD, as follows: States Armed Forces; and AMENDMENTS SUBMITTED AND (3) to specifically repudiate the unwar- S.J. RES. 18 PROPOSED ranted personal attack on General Petraeus Resolved by the Senate and House of Rep- by the liberal activist group Moveon.org. SA 2808. Mr. CORNYN (for himself and Mr. resentatives of the United States of America in f INHOFE) proposed an amendment to the bill Congress assembled, That Congress dis- SENATE RESOLUTION 316—DESIG- H.R. 3074, making appropriations for the De- approves the rule submitted by the Centers NATING THE WEEKS OF OCTO- partments of Transportation, and Housing for Medicare & Medicaid Services within the and Urban Development, and related agen- BER 21 THROUGH OCTOBER 27, cies for the fiscal year ending September 30, Department of Health and Human Services 2007 AS ‘‘NATIONAL CHILDHOOD relating to a cost limit for providers oper- 2008, and for other purposes. LEAD POISONING PREVENTION ated by units of government and other provi- SA 2809. Mr. REED submitted an amend- sions under the Medicaid program (published WEEK’’ ment intended to be proposed by him to the at 72 Fed. Reg. 29748 (May 29, 2007)), and such Mr. REED (for himself, Ms. COLLINS, bill H.R. 3074, supra; which was ordered to lie rule shall have no force or effect. Mr. CARDIN, Mr. DURBIN, Mr. BIDEN, on the table.

VerDate Aug 31 2005 03:30 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\S11SE7.REC S11SE7 mmaher on MIKETEMP with CONG-REC-ONLINE September 11, 2007 CONGRESSIONAL RECORD — SENATE S11419 SA 2810. Mr. COBURN submitted an SA 2830. Mrs. McCASKILL submitted an SA 2853. Mr. ALLARD (for himself and Mr. amendment intended to be proposed by him amendment intended to be proposed by her SALAZAR) submitted an amendment intended to the bill H.R. 3074, supra. to the bill H.R. 3074, supra. to be proposed by him to the bill H.R. 3074, SA 2811. Mr. COBURN submitted an SA 2831. Mrs. McCASKILL submitted an supra; which was ordered to lie on the table. amendment intended to be proposed by him amendment intended to be proposed by her SA 2854. Ms. SNOWE submitted an amend- to the bill H.R. 3074, supra. to the bill H.R. 3074, supra. ment intended to be proposed by her to the SA 2812. Mr. COBURN submitted an SA 2832. Mr. BOND (for himself, Mr. DODD, bill H.R. 3074, supra; which was ordered to lie amendment intended to be proposed by him and Mr. KERRY) submitted an amendment in- on the table. to the bill H.R. 3074, supra. tended to be proposed by him to the bill H.R. SA 2855. Mr. SPECTER (for himself and SA 2813. Mr. COBURN submitted an 3074, supra. Mr. COCHRAN) submitted an amendment in- amendment intended to be proposed by him SA 2833. Mr. SCHUMER submitted an tended to be proposed by him to the bill H.R. to the bill H.R. 3074, supra. amendment intended to be proposed by him 3074, supra; which was ordered to lie on the SA 2814. Mr. COBURN submitted an to the bill H.R. 3074, supra; which was or- table. amendment intended to be proposed by him dered to lie on the table. SA 2856. Mr. SPECTER submitted an to the bill H.R. 3074, supra. SA 2834. Mr. MENENDEZ submitted an amendment intended to be proposed by him SA 2815. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 3074, supra. amendment intended to be proposed by him to the bill H.R. 3074, supra. SA 2857. Mr. DODD (for himself and Mr. SA 2835. Mrs. FEINSTEIN submitted an to the bill H.R. 3074, supra; which was or- SHELBY) submitted an amendment intended amendment intended to be proposed by her dered to lie on the table. to be proposed by him to the bill H.R. 3074, to the bill H.R. 3074, supra; which was or- SA 2816. Ms. KLOBUCHAR (for herself and supra. dered to lie on the table. Mr. COLEMAN) proposed an amendment to the SA 2836. Mr. SCHUMER submitted an SA 2858. Mr. BUNNING submitted an bill H.R. 3074, supra. amendment intended to be proposed by him amendment intended to be proposed by him SA 2817. Mr. SANDERS (for himself and to the bill H.R. 3074, supra; which was or- to the bill H.R. 3074, supra; which was or- Mr. LEAHY) submitted an amendment in- dered to lie on the table. dered to lie on the table. tended to be proposed by him to the bill H.R. SA 2837. Ms. SNOWE (for herself and Mr. SA 2859. Mr. SHELBY (for himself and Mr. 3074, supra. CARPER) submitted an amendment intended BOND) submitted an amendment intended to SA 2818. Mr. DURBIN (for himself, Ms. to be proposed by her to the bill H.R. 3074, be proposed by him to the bill H.R. 3074, SNOWE, Mr. KOHL, Ms. COLLINS, and Mr. supra. supra. KERRY) submitted an amendment intended SA 2838. Mr. SPECTER (for himself and SA 2860. Mr. SCHUMER submitted an to be proposed by him to the bill H.R. 3074, Mr. CASEY) submitted an amendment in- amendment intended to be proposed to supra; which was ordered to lie on the table. tended to be proposed by him to the bill H.R. amendment SA 2791 proposed by Mrs. MUR- SA 2819. Mr. DORGAN (for himself and Mr. 3074, supra; which was ordered to lie on the RAY to the bill H.R. 3074, supra; which was CONRAD) submitted an amendment intended table. ordered to lie on the table. to be proposed by him to the bill H.R. 3074, SA 2839. Mr. MARTINEZ (for himself and SA 2861. Mr. PRYOR (for himself and Mrs. supra. Mr. ALLARD) submitted an amendment in- LINCOLN) submitted an amendment intended SA 2820. Ms. CANTWELL submitted an tended to be proposed by him to the bill H.R. to be proposed by him to the bill H.R. 3074, amendment intended to be proposed by her 3074, supra. supra; which was ordered to lie on the table. to the bill H.R. 3074, supra. SA 2840. Mr. VITTER submitted an amend- f SA 2821. Mr. CHAMBLISS submitted an ment intended to be proposed by him to the amendment intended to be proposed by him bill H.R. 3074, supra; which was ordered to lie TEXT OF AMENDMENTS to the bill H.R. 1585, to authorize appropria- on the table. Mr. CORNYN (for himself tions for fiscal year 2008 for military activi- SA 2841. Mr. KENNEDY (for himself and SA 2808. ties of the Department of Defense, for mili- Mr. KERRY) submitted an amendment in- and Mr. INHOFE) proposed an amend- tary construction, and for defense activities tended to be proposed by him to the bill H.R. ment to the bill H.R. 3074, making ap- of the Department of Energy, to prescribe 3074, supra; which was ordered to lie on the propriations for the Departments of military personnel strengths for such fiscal table. Transportation, and Housing and year, and for other purposes; which was or- SA 2842. Mr. CORNYN submitted an Urban Development, and related agen- dered to lie on the table. amendment intended to be proposed by him cies for the fiscal year ending Sep- SA 2822. Mr. MENENDEZ submitted an to the bill H.R. 3074, supra. SA 2843. Mr. COBURN submitted an tember 30, 2008, and for other purposes; amendment intended to be proposed by him as follows: to the bill H.R. 3074, making appropriations amendment intended to be proposed by him for the Departments of Transportation, and to the bill H.R. 3074, supra; which was or- At the appropriate place, insert the fol- Housing and Urban Development, and related dered to lie on the table. lowing: agencies for the fiscal year ending Sep- SA 2844. Mr. DEMINT submitted an amend- SEC. ll. (a) FINDINGS.—The Senate makes tember 30, 2008, and for other purposes; which ment intended to be proposed by him to the the following findings: bill H.R. 3074, supra; which was ordered to lie was ordered to lie on the table. (1) The Senate unanimously confirmed SA 2823. Mrs. CLINTON (for herself, Mr. on the table. General David H. Petraeus as Commanding SA 2845. Mr. STEVENS (for himself, Mr. SCHUMER, Mr. MENENDEZ, Mr. LIEBERMAN, General, Multi-National Force-Iraq, by a INOUYE, and Mr. INHOFE) submitted an Mr. LAUTENBERG, Mr. DODD, and Mr. CASEY) vote of 81-0 on January 26, 2007. amendment intended to be proposed by him submitted an amendment intended to be pro- (2) General Petraeus graduated first in his to the bill H.R. 3074, supra. posed by her to the bill H.R. 3074, supra. class at the United States Army Command SA 2846. Mr. DORGAN submitted an and General Staff College. SA 2824. Mr. GRASSLEY (for himself, Mr. amendment intended to be proposed by him VITTER, Mr. CRAPO, and Mr. THUNE) sub- (3) General Petraeus earned Masters of to the bill H.R. 3074, supra. Public Administration and Doctoral degrees mitted an amendment intended to be pro- SA 2847. Mr. DORGAN submitted an in international relations from Princeton posed by him to the bill H.R. 3074, supra; amendment intended to be proposed by him University. which was ordered to lie on the table. to the bill H.R. 3074, supra; which was or- (4) General Petraeus has served multiple SA 2825. Mrs. HUTCHISON (for herself and dered to lie on the table. Mr. CORNYN) submitted an amendment in- SA 2848. Mr. FEINGOLD submitted an combat tours in Iraq, including command of tended to be proposed by her to the bill H.R. amendment intended to be proposed by him the 101st Airborne Division (Air Assault) 3074, supra. to the bill H.R. 3074, supra. during combat operations throughout the SA 2826. Mr. MENENDEZ (for himself and SA 2849. Mr. LAUTENBERG (for himself first year of Operation Iraqi Freedom, which Mr. LAUTENBERG) submitted an amendment and Mr. MENENDEZ) submitted an amend- tours included both major combat operations intended to be proposed by him to the bill ment intended to be proposed by him to the and subsequent stability and support oper- H.R. 3074, supra. bill H.R. 3074, supra; which was ordered to lie ations. SA 2827. Mr. MENENDEZ (for himself and on the table. (5) General Petraeus supervised the devel- Mr. LAUTENBERG) submitted an amendment SA 2850. Mr. DURBIN (for himself, Mr. opment and crafting of the United States intended to be proposed by him to the bill SPECTER, and Mr. SCHUMER) submitted an Army and Marine Corps counterinsurgency H.R. 3074, supra; which was ordered to lie on amendment intended to be proposed by him manual based in large measure on his com- the table. to the bill H.R. 3074, supra. bat experience in Iraq, scholarly study, and SA 2828. Mr. MENENDEZ (for himself and SA 2851. Mr. DURBIN (for himself, Ms. other professional experiences. Mr. LAUTENBERG) submitted an amendment SNOWE, Mr. KOHL, Ms. COLLINS, Mr. KERRY, (6) General Petraeus has taken a solemn intended to be proposed by him to the bill and Mr. VOINOVICH) submitted an amend- oath to protect and defend the Constitution H.R. 3074, supra; which was ordered to lie on ment intended to be proposed by him to the of the United States of America. the table. bill H.R. 3074, supra; which was ordered to lie (7) During his 35-year career, General SA 2829. Mr. MENENDEZ (for himself and on the table. Petraeus has amassed a distinguished and Mr. LAUTENBERG) submitted an amendment SA 2852. Mr. REED submitted an amend- unvarnished record of military service to the intended to be proposed by him to the bill ment intended to be proposed by him to the United States as recognized by his receipt of H.R. 3074, supra. bill H.R. 3074, supra. a Defense Distinguished Service Medal, two

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11420 CONGRESSIONAL RECORD — SENATE September 11, 2007 Distinguished Service Medals, two Defense cific amount of discretionary budget author- At the appropriate place, insert the fol- Superior Service Medals, four Legions of ity, credit authority, or other spending au- lowing: Merit, the Bronze Star Medal for valor, the thority for a contract, loan, loan guarantee, SEC. lll. Notwithstanding any other State Department Superior Honor Award, grant, loan authority, or other expenditure provision of this Act— the NATO Meritorious Service Medal, and with or to an entity, or targeted to a specific (1) none of the funds made available by this other awards and medals. State, locality or Congressional district, Act may be used for the construction of a (8) A recent attack through a full-page ad- other than through a statutory or adminis- new baseball stadium that is replacing Cobb vertisement in the New York Times by the trative formula-driven or competitive award Field in Billings, Montana; liberal activist group, Moveon.org, impugns process. (2) the amount made available by this Act the honor and integrity of General Petraeus for grants for the Economic Development and all the members of the United States SA 2811. Mr. COBURN submitted an Initiative is reduced by $500,000; and Armed Forces. amendment intended to be proposed by (3) the amount made available by this Act (b) SENSE OF SENATE.—It is the sense of the him to the bill H.R. 3074, making ap- for the Community Development Fund is re- Senate— propriations for the Departments of duced by $500,000. (1) to reaffirm its support for all the men Transportation, and Housing and and women of the United States Armed SA 2815. Mr. COBURN submitted an Urban Development, and related agen- Forces, including General David H. Petraeus, amendment intended to be proposed by cies for the fiscal year ending Sep- Commanding General, Multi-National Force- him to the bill H.R. 3074, making ap- tember 30, 2008, and for other purposes; Iraq; propriations for the Departments of (2) to strongly condemn any effort to at- as follows: Transportation, and Housing and tack the honor and integrity of General At the appropriate place, insert the fol- Urban Development, and related agen- Petraeus and all the members of the United lowing: States Armed Forces; and SEC. ll. None of the funds made available cies for the fiscal year ending Sep- (3) to specifically repudiate the unwar- under this Act may be spent for bicycle tember 30, 2008, and for other purposes; ranted personal attack on General Petraeus paths or bicycle trails. which was ordered to lie on the table; by the liberal activist group Moveon.org. as follows: SA 2812. Mr. COBURN submitted an At the appropriate place, insert the fol- SA 2809. Mr. REED submitted an amendment intended to be proposed by lowing: amendment intended to be proposed by him to the bill H.R. 3074, making ap- SEC. lll. Notwithstanding any other him to the bill H.R. 3074, making ap- propriations for the Departments of provision of this Act— propriations for the Departments of Transportation, and Housing and (1) none of the funds made available by Transportation, and Housing and Urban Development, and related agen- this Act may be used for the construction of Urban Development, and related agen- cies for the fiscal year ending Sep- the Peoria Riverfront Museum in Peoria, Il- linois; cies for the fiscal year ending Sep- tember 30, 2008, and for other purposes; tember 30, 2008, and for other purposes; (2) the amount made available by this as follows: Act for grants for the Economic Develop- which was ordered to lie on the table; At the appropriate place, insert the fol- ment Initiative is reduced by $250,000; and as follows: lowing: (3) the amount made available by this On page 95, line 6, strike the period, and in- SEC. 232. Notwithstanding any other provi- Act for the Community Development Fund is sert ‘‘: Provided further, That, such funds sion of this Act, none of the funds appro- reduced by $250,000. may, for fiscal year 2008, be used to guar- priated or otherwise made available by this antee and make commitments to guarantee Act may be made available for facility ren- SA 2816. Ms. KLOBUCHAR (for her- the notes or other obligations issued by a ovation at the International Peace Garden in self and Mr. COLEMAN) proposed an State for the purposes described in para- Dunseith, North Dakota; Provided, That the amendment to the bill H.R. 3074, mak- graphs (1) through (6) of section 108(a), only amount made available for grants for the ing appropriations for the Departments if the State agrees to distribute all funds Economic Development Initiative is reduced subject to such guarantee or commitment to by $450,000, and the amount made available of Transportation, and Housing and units of general local government in non- for the Community Development Fund is re- Urban Development, and related agen- entitlement areas under the distribution duced by $450,000. cies for the fiscal year ending Sep- plan established under section 106(d) of the tember 30, 2008, and for other purposes; Housing and Community Development Act of SA 2813. Mr. COBURN submitted an as follows: 1974 (42 U.S.C. 5306)(d)).’’ amendment intended to be proposed by On page 20, between lines 13 and 14, insert him to the bill H.R. 3074, making ap- the following: SA 2810. Mr. COBURN submitted an propriations for the Departments of I–35W BRIDGE REPAIR AND RECONSTRUCTION amendment intended to be proposed by Transportation, and Housing and him to the bill H.R. 3074, making ap- For necessary expenses to carry out the Urban Development, and related agen- project for repair and reconstruction of the propriations for the Departments of cies for the fiscal year ending Sep- Interstate I–35W bridge located in Min- Transportation, and Housing and tember 30, 2008, and for other purposes; neapolis, Minnesota, that collapsed on Au- Urban Development, and related agen- as follows: gust 1, 2007, as authorized under section 1(c) cies for the fiscal year ending Sep- At the appropriate place, insert the fol- of Public Law 110–56 (121 Stat. 558), up to tember 30, 2008, and for other purposes; lowing: $195,000,000, as documented by the Minnesota as follows: SEC. lll. Notwithstanding any other Department of Transportation, to remain On page 70, between lines 20 and 21, insert provision of Act, no funds made available available until expended, Provided, That that the following: under this Act may be used to carry out any amount is designated as an emergency re- SEC. 194. (a) Except as provided under sub- activity relating to the design or construc- quirement pursuant to section 204 of S. Con. section (b), none of the funds appropriated or tion of the America’s Wetland Center in Res. 21 (110th Congress): Provided further, otherwise made available under this title Lake Charles, Louisiana, until the date on That the Federal share of the costs of any may be used for any earmark until all which the Secretary of Housing and Urban project funded using amounts made available bridges in the United States that are classi- Development, in consultation with the Ad- under this section shall be 100 percent in ac- fied under the Federal Highway Administra- ministrator of the Federal Emergency Man- cordance with section 1(b) of Public Law 110– tion’s bridge inspection program, as of the agement Agency and the State of Louisiana, 56 (121 Stat. 588). date of the enactment of this Act, as ‘‘struc- certifies to Congress that all residents of the turally deficient’’ or ‘‘functionally obsolete’’ State of Louisiana who were displaced as a SA 2817. Mr. SANDERS (for himself have been sufficiently repaired to no longer result of Hurricane Katrina or Rita in 2005 and Mr. LEAHY) submitted an amend- meet the criteria for such classifications. are no longer living in temporary housing. ment intended to be proposed by him (b) Funds appropriated under this title to the bill H.R. 3074, making appropria- may be used for an earmark that is des- SA 2814. Mr. COBURN submitted an tions for the Departments of Transpor- ignated to repair— amendment intended to be proposed by tation, and Housing and Urban Devel- (1) a bridge that is classified as ‘‘struc- him to the bill H.R. 3074, making ap- opment, and related agencies for the turally deficient’’ or ‘‘functionally obso- propriations for the Departments of fiscal year ending September 30, 2008, lete’’; or Transportation, and Housing and (2) a road with ride quality that is not clas- and for other purposes; as follows: sified as ‘‘good’’ or ‘‘acceptable’’. Urban Development, and related agen- On page 87, line 9, strike the period and (c) In this section, the term ‘‘earmark’’ cies for the fiscal year ending Sep- insert the following: Provided further, That, means a provision or report language pro- tember 30, 2008, and for other purposes; notwithstanding any other provision of law viding, authorizing, or recommending a spe- as follows: or regulation, or any independent decision of

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11421 the Secretary, during fiscal year 2008, the SEC. 937. PHYSICIANS AND HEALTH CARE PRO- which there is a significant recruitment and Secretary shall, in accordance with part FESSIONALS COMPARABILITY AL- retention problem for purposes of this sec- 905.10(j) of title 24, Code of Federal Regula- LOWANCES. tion. Only physicians and health care profes- tions and from amounts made available (a) IN GENERAL.—Chapter 81 of title 10, sionals serving in such positions shall be eli- under this heading, award performance bo- United States Code, is amended by adding at gible for an allowance under this section. nuses to public housing agencies that are the end the following new section: The amounts of each such allowance shall be designated high performers under the Public ‘‘§ 1599. Physicians and health care profes- determined by the Secretary, and shall be Housing Assessment System for the 2007 fis- sionals comparability allowances the minimum amount necessary to deal with the recruitment and retention problem for cal year.’’. ‘‘(a) AUTHORITY TO PROVIDE ALLOW- each such category of physicians and health ANCES.—(1) Notwithstanding any other provi- care professionals. SA 2818. Mr. DURBIN (for himself, sion of law, and in order to recruit and re- ‘‘(d) PERIOD OF SERVICE.—Any agreement Ms. SNOWE, Mr. KOHL, Ms. COLLINS, and tain highly qualified Department of Defense entered into by a physician or health care Mr. KERRY) submitted an amendment physicians and Department of Defense health professional under this section shall be for a intended to be proposed by him to the care professionals, the Secretary of Defense period of one year of service in the Depart- bill H.R. 3074, making appropriations may, subject to the provisions of this sec- ment of Defense unless the physician or for the Departments of Transportation, tion, enter into a service agreement with a health care professional requests an agree- and Housing and Urban Development, Department of Defense physician or a De- ment for a longer period of service. partment of Defense health care professional and related agencies for the fiscal year ‘‘(e) REPAYMENT.—Unless otherwise pro- which provides for such physician or health vided for in the agreement under subsection ending September 30, 2008, and for care professional to complete a specified pe- (f), an agreement under this section shall other purposes; which was ordered to riod of service in the Department of Defense provide that the physician or health care lie on the table; as follows: in return for an allowance for the duration of professional, in the event that such physi- On page 137, between lines 17 and 18, in- such agreement in an amount to be deter- cian or health care professional voluntarily, sert the following: mined by the Secretary and specified in the or because of misconduct, fails to complete SEC. 232. Notwithstanding any other pro- agreement, but not to exceed— at least one year of service under such agree- vision of law, a public housing agency that ‘‘(A) in the case of a Department of De- ment, shall be required to refund the total operates fewer than 250 units of federally fense physician— amount received under this section unless subsidized public housing may elect, in lieu ‘‘(i) $25,000 per annum if, at the time the the Secretary of Defense determines that of converting to asset management, to per- agreement is entered into, the Department such failure is necessitated by circumstances manently limit the agency’s loss of public of Defense physician has served as a Depart- beyond the control of the physician or health housing Operating Fund subsidy under the ment of Defense physician for 24 months or care professional. formula established in the final rule pub- less; or ‘‘(f) TERMINATION OF AGREEMENT.—Any agreement under this section shall specify lished by the Department of Housing and ‘‘(ii) $40,000 per annum if the Department the terms under which the Secretary of De- Urban Development on September 19, 2005, of Defense physician has served as a Depart- fense and the physician or health care pro- by reducing the agency’s subsidy each year ment of Defense physician for more than 24 fessional may elect to terminate such agree- in an amount equal to 5 percent of the months; and ment, and the amounts, if any, required to amount of Operating Fund subsidy the agen- ‘‘(B) in the case of a Department of De- be refunded by the physician or health care cy would have received in calendar year 2006 fense health care professional— professional for each reason for termination. under the formula in effect immediately ‘‘(i) an amount up to $5,000 per annum if, ‘‘(g) CONSTRUCTION WITH OTHER AUTHORI- at the time the agreement is entered into, prior to the effective date of such final rule. TIES.—(1) An allowance paid under this sec- the Department of Defense health care pro- tion shall not be considered as basic pay for fessional has served as a Department of De- SA 2819. Mr. DORGAN (for himself the purposes of subchapter VI and section fense health care professional for less than 10 and Mr. CONRAD) submitted an amend- 5595 of chapter 55 of title 5, chapter 81 or 87 years; ment intended to be proposed by him of title 5, or other benefits related to basic ‘‘(ii) an amount up to $10,000 per annum to the bill H.R. 3074, making appropria- pay. if, at the time the agreement is entered into, ‘‘(2) Any allowance under this section for tions for the Departments of Transpor- the Department of Defense health care pro- tation, and Housing and Urban Devel- a Department of Defense physician or De- fessional has served as a Department of De- partment of Defense health care professional opment, and related agencies for the fense health care professional for at least 10 shall be paid in the same manner and at the fiscal year ending September 30, 2008, years but less than 18 years; or same time as the basic pay of the physician and for other purposes; as follows: ‘‘(iii) an amount up to $15,000 per annum or health care professional is paid. On page 109, line 13, strike ‘‘$59,040,000’’ if, at the time the agreement is entered into, ‘‘(h) ANNUAL REPORT.—Not later than and insert ‘‘$61,440,000’’. the Department of Defense health care pro- June 30 each year, the Secretary of Defense On page 109, line 23, strike ‘‘$2,600,000’’ fessional has served as a Department of De- shall submit to Congress a written report on and insert ‘‘$5,000,000’’. fense health care professional for 18 years or the operation of this section during the pre- On page 113, line 1, strike ‘‘$175,000,000’’ more. ceding year. Each report shall include, with and insert ‘‘$172,600,000’’. ‘‘(2)(A) For the purpose of determining respect to the year covered by such report, length of service as a Department of Defense information as to— SA 2820. Ms. CANTWELL submitted physician, service as a physician under sec- ‘‘(1) the nature and extent of the recruit- an amendment intended to be proposed tion 4104 or 4114 of title 38 or active service ment or retention problems justifying the by her to the bill H.R. 3074, making ap- as a medical officer in the commissioned use by the Department of Defense of the au- corps of the Public Health Service under propriations for the Departments of thority under this section; Title II of the Public Health Service Act (42 ‘‘(2) the number of physicians and health Transportation, and Housing and U.S.C. 202 et seq.) shall be deemed service as care professionals with whom agreements Urban Development, and related agen- a Department of Defense physician. were entered into by the Department of De- cies for the fiscal year ending Sep- ‘‘(B) For the purpose of determining fense; tember 30, 2008, and for other purposes; length of service as a Department of Defense ‘‘(3) the size of the allowances and the as follows: health care professional, service as a non- duration of the agreements entered into; and On page 70, line 7, insert ‘‘potatoes, spe- physician health care provider, psychologist, ‘‘(4) the degree to which the recruitment cialty crops,’’ after ‘‘ethanol,’’. or social worker while serving as an officer or retention problems referred to in para- described under section 302c(d)(1) of title 37 graph (1) were alleviated under this section. SA 2821. Mr. CHAMBLISS submitted shall be deemed service as a Department of ‘‘(i) DEFINITIONS.—In this section: an amendment intended to be proposed Defense health care professional. ‘‘(1) The term ‘Department of Defense ‘‘(b) CERTAIN PHYSICIANS AND PROFES- health care professional’ means any indi- by him to the bill H.R. 1585, to author- SIONALS INELIGIBLE.—An allowance may not vidual employed by the Department of De- ize appropriations for fiscal year 2008 be paid under this section to any physician fense who is a qualified health care profes- for military activities of the Depart- or health care professional who— sional employed as a health care professional ment of Defense, for military construc- ‘‘(1) is employed on less than a half-time and paid under any provision of law specified tion, and for defense activities of the or intermittent basis; in subparagraphs (A) through (G) of para- Department of Energy, to prescribe ‘‘(2) occupies an internship or residency graph (2). military personnel strengths for such training position; or ‘‘(2) The term ‘Department of Defense fiscal year, and for other purposes; ‘‘(3) is fulfilling a scholarship obligation. physician’ means any individual employed ‘‘(c) COVERED CATEGORIES OF POSITIONS.— by the Department of Defense as a physician which was ordered to lie on the table; The Secretary of Defense shall determine or dentist who is paid under a provision or as follows: categories of positions applicable to physi- provisions of law as follows: At the end of subtitle C of title IX, add cians and health care professionals within ‘‘(A) Section 5332 of title 5, relating to the following: the Department of Defense with respect to the General Schedule.

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‘‘(B) Subchapter VIII of chapter 53 of REVITALIZATION OF SEVERELY DISTRESSED costs, including the costs of modifying such title 5, relating to the Senior Executive PUBLIC HOUSING (HOPE VI) loans, shall be as defined in section 502 of the Service. For grants to public housing agencies for Congressional Budget Act of 1974, as amend- ‘‘(C) Section 5371 of title 5, relating to demolition, site revitalization, replacement ed: Provided further, That these funds are certain health care positions. housing, and tenant-based assistance grants available to subsidize total loan principal, ‘‘(D) Section 5376 of title 5, relating to to projects as authorized by section 24 of the any part of which is to be guaranteed, up to certain senior-level positions. United States Housing Act of 1937, as amend- $367,000,000. ‘‘(E) Section 5377 of title 5, relating to ed, $100,000,000, to remain available until NATIVE HAWAIIAN HOUSING LOAN GUARANTEE critical positions. September 30, 2008, of which not to exceed FUND PROGRAM ACCOUNT ‘‘(F) Subchapter IX of chapter 53 of title $1,980,000 may be used for technical assist- (INCLUDING TRANSFER OF FUNDS) 5, relating to special occupational pay sys- ance and contract expertise, to be provided For the cost of guaranteed loans, as au- tems. directly or indirectly by grants, contracts or thorized by section 184A of the Housing and ‘‘(G) Section 9902 of title 5, relating to cooperative agreements, including training Community Development Act of 1992 (12 the National Security Personnel System. and cost of necessary travel for participants U.S.C. 1715z–13b), $1,044,000, to remain avail- ‘‘(3) The term ‘qualified health care pro- in such training, by or to officials and em- able until expended: Provided, That such fessional’ means any individual who is— ployees of the department and of public costs, including the costs of modifying such ‘‘(A) a psychologist who meets the Office housing agencies and to residents: Provided, loans, shall be as defined in section 502 of the of Personnel Management Qualification That none of such funds shall be used di- Congressional Budget Act of 1974, as amend- Standards for the Occupational Series of rectly or indirectly by granting competitive ed: Provided further, That these funds are Psychologist as required by the position to advantage in awards to settle litigation or available to subsidize total loan principal, be filled; pay judgments, unless expressly permitted any part of which is to be guaranteed, not to ‘‘(B) a nurse who meets the applicable Of- herein. fice of Personnel Management Qualification exceed $41,504,255. NATIVE AMERICAN HOUSING BLOCK GRANTS Standards for the Occupational Series of COMMUNITY PLANNING AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS) Nurse as required by the position to be filled; OFFICE OF THE ASSISTANT SECRETARY FOR ‘‘(C) a nurse anesthetist who meets the For the Native American Housing Block COMMUNITY PLANNING AND DEVELOPMENT applicable Office of Personnel Management Grants program, as authorized under title I SALARIES AND EXPENSES Qualification Standards for the Occupational of the Native American Housing Assistance Series of Nurse as required by the position to and Self-Determination Act of 1996 For necessary salaries and expenses of the be filled; (NAHASDA) (25 U.S.C. 4111 et seq.), Office of the Assistant Secretary for Commu- ‘‘(D) a physician assistant who meets the $630,000,000, to remain available until ex- nity Planning and Development, $1,520,000. applicable Office of Personnel Management pended: Provided, That, notwithstanding the COMMUNITY PLANNING AND DEVELOPMENT Qualification Standards for the Occupational Native American Housing Assistance and SALARIES AND EXPENSES Series of Physician Assistant as required by Self-Determination Act of 1996, to determine For necessary salaries and expenses of the the position to be filled; the amount of the allocation under title I of Office of Community Planning and Develop- ‘‘(E) a social worker who meets the appli- such Act for each Indian tribe, the Secretary ment mission area, $93,770,000. cable Office of Personnel Management Quali- shall apply the formula under section 302 of HOUSING OPPORTUNITIES FOR PERSONS WITH fication Standards for the Occupational Se- such Act with the need component based on AIDS ries of Social Worker as required by the posi- single-race Census data and with the need tion to be filled; or component based on multi-race Census data, (INCLUDING TRANSFER OF FUNDS) ‘‘(F) any other health care professional and the amount of the allocation for each In- For carrying out the Housing Opportuni- designated by the Secretary of Defense for dian tribe shall be the greater of the two re- ties for Persons with AIDS program, as au- purposes of this section.’’. sulting allocation amounts: Provided further, thorized by the AIDS Housing Opportunity (b) CLERICAL AMENDMENT.—The table of That of the amounts made available under Act (42 U.S.C. 12901 et seq.), $300,100,000, to sections at the beginning of chapter 81 of this heading, $2,000,000 shall be contracted remain available until September 30, 2009, such title is amended by adding at the end through the Secretary as technical assist- except that amounts allocated pursuant to the following new item: ance and capacity building to be used by the section 854(c)(3) of such Act shall remain National American Indian Housing Council available until September 30, 2010: Provided, ‘‘1599e. Physicians and health care profes- in support of the implementation of That the Secretary shall renew all expiring sionals comparability allow- NAHASDA; and $4,250,000 shall be to support contracts for permanent supportive housing ances.’’. the inspection of Indian housing units, con- that were funded under section 854(c)(3) of tract expertise, training, and technical as- such Act that meet all program require- SA 2822. Mr. MENENDEZ submitted sistance in the training, oversight, and man- ments before awarding funds for new con- an amendment intended to be proposed agement of such Indian housing and tenant- tracts and activities authorized under this by him to the bill H.R. 3074, making ap- based assistance, including up to $300,000 for section: Provided further, That the Secretary related travel: Provided further, That of the may use not to exceed $1,485,000 of the funds propriations for the Departments of amount provided under this heading, under this heading for training, oversight, Transportation, and Housing and $1,980,000 shall be made available for the cost and technical assistance activities; and not Urban Development, and related agen- of guaranteed notes and other obligations, as to exceed $1,485,000 may be transferred to the cies for the fiscal year ending Sep- authorized by title VI of NAHASDA: Provided Working Capital Fund. tember 30, 2008, and for other purposes; further, That such costs, including the costs RURAL HOUSING AND ECONOMIC DEVELOPMENT of modifying such notes and other obliga- which was ordered to lie on the table; For the Office of Rural Housing and Eco- tions, shall be as defined in section 502 of the as folows: nomic Development in the Department of Congressional Budget Act of 1974, as amend- On page 87, strike line 10 and all that fol- Housing and Urban Development, $17,000,000, ed: Provided further, That these funds are lows through page 113, line 9, and insert the to remain available until expended, which available to subsidize the total principal following: amount shall be competitively awarded by amount of any notes and other obligations, September 1, 2008, to Indian tribes, State PUBLIC HOUSING OPERATING FUND any part of which is to be guaranteed, not to housing finance agencies, State community exceed $17,000,000. For 2008 payments to public housing agen- and/or economic development agencies, local cies for the operation and management of NATIVE HAWAIIAN HOUSING BLOCK GRANT rural nonprofits and community develop- public housing, as authorized by section 9(e) For the Native Hawaiian Housing Block ment corporations to support innovative of the United States Housing Act of 1937, as Grant program, as authorized under title housing and economic development activi- amended (42 U.S.C. 1437g(e)), $4,300,000,000; of VIII of the Native American Housing Assist- ties in rural areas. which $5,940,000 shall be for technical assist- ance and Self-Determination Act of 1996 (25 COMMUNITY DEVELOPMENT FUND ance related to the transition and implemen- U.S.C. 4111 et seq.), $9,000,000, to remain (INCLUDING TRANSFER OF FUNDS) tation of asset-based management in public available until expended, of which $300,000 housing: Provided, That, in fiscal year 2008 shall be for training and technical assistance For assistance to units of State and local and all fiscal years hereafter, no amounts activities. government, and to other entities, for eco- under this heading in any appropriations Act nomic and community development activi- INDIAN HOUSING LOAN GUARANTEE FUND may be used for payments to public housing ties, and for other purposes, $4,060,000,000, to PROGRAM ACCOUNT agencies for the costs of operation and man- remain available until September 30, 2010, agement of public housing for any year prior (INCLUDING TRANSFER OF FUNDS) unless otherwise specified: Provided, That of to the current year of such Act: Provided fur- For the cost of guaranteed loans, as au- the amount provided, $3,705,430,000 is for car- ther, That no funds may be used under this thorized by section 184 of the Housing and rying out the community development block heading for the purposes specified in section Community Development Act of 1992 (12 grant program under title I of the Housing 9(k) of the United States Housing Act of 1937, U.S.C. 1715z–13a), $7,450,000, to remain avail- and Community Development Act of 1974, as as amended. able until expended: Provided, That such amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 et

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seq.): Provided further, That unless explicitly SELF-HELP AND ASSISTED HOMEOWNERSHIP mined by the Secretary: Provided further, provided for under this heading (except for OPPORTUNITY PROGRAM That all awards of assistance under this planning grants provided in the second para- For the Self-Help and Assisted Homeown- heading shall be required to coordinate and graph and amounts made available under the ership Opportunity Program, as authorized integrate homeless programs with other third paragraph), not to exceed 20 percent of under section 11 of the Housing Opportunity mainstream health, social services, and em- any grant made with funds appropriated Program Extension Act of 1996, as amended, ployment programs for which homeless popu- under this heading shall be expended for $70,000,000, to remain available until Sep- lations may be eligible, including Medicaid, planning and management development and tember 30, 2010: Provided, That of the total State Children’s Health Insurance Program, administration: Provided further, That not to amount provided under this heading, Temporary Assistance for Needy Families, exceed $1,570,000 may be transferred to the $26,500,000 shall be made available to the Food Stamps, and services funding through Working Capital Fund: Provided further, That Self-Help and Assisted Homeownership Op- the Mental Health and Substance Abuse $3,000,000 is for technical assistance as au- portunity Program as authorized under sec- Block Grant, Workforce Investment Act, and thorized by section 107(b)(4) of such Act: Pro- tion 11 of the Housing Opportunity Program the Welfare-to-Work grant program: Provided vided further, That $62,000,000 shall be for Extension Act of 1996, as amended: Provided further, That up to $8,000,000 of the funds ap- grants to Indian tribes notwithstanding sec- further, That $33,500,000 shall be made avail- propriated under this heading shall be avail- tion 106(a)(1) of such Act, of which, notwith- able for the first four capacity building ac- able for the national homeless data analysis standing any other provision of law (includ- tivities authorized under section 4(b)(3) of project and technical assistance: Provided ing section 305 of this Act), up to $3,960,000 the HUD Demonstration Act of 1993 (42 further, That not to exceed $2,475,000 of the may be used for emergencies that constitute U.S.C. 9816 note), as in effect immediately funds appropriated under this heading may imminent threats to health and safety. before June 12, 1997 and of which up to be transferred to the Working Capital Fund: Of the amount made available under this $5,000,000 may be made available for rural ca- Provided further, That all balances for Shel- heading, $248,000,000 shall be available for pacity building activities: Provided further, ter Plus Care renewals previously funded grants for the Economic Development Initia- That of the total amount made available from the Shelter Plus Care Renewal account tive (EDI) to finance a variety of targeted under this heading; $3,000,000 shall be made and transferred to this account shall be economic investments: Provided, That none available to the Housing Assistance Council; available, if recaptured, for Shelter Plus of the funds provided under this paragraph $2,000,000 shall be made available to the Na- Care renewals in fiscal year 2008. may be used for program operations: Pro- tional American Indian Housing Council; HOUSING PROGRAMS vided further, That, for fiscal years 2006, 2007, $3,000,000 shall be made available as a grant and 2008, no unobligated funds for EDI grants to the Raza Development Fund of La Raza OFFICE OF THE ASSISTANT SECRETARY FOR may be used for any purpose except acquisi- for the HOPE Fund, of which $500,000 is for HOUSING, FEDERAL HOUSING COMMISSIONER tion, planning, design, purchase of equip- technical assistance and fund management, SALARIES AND EXPENSES ment, revitalization, redevelopment or con- and $2,500,000 is for investments in the HOPE For necessary salaries and expenses of the struction. Fund and financing to affiliated organiza- Office of the Assistant Secretary for Hous- Of the amount made available under this tions; and $2,000,000 shall be made available heading, $40,000,000 shall be available for ing, Federal Housing Commissioner, as a grant to the Housing Partnership Net- $3,420,000. neighborhood initiatives that are utilized to work for operating expenses and a program HOUSING SALARIES AND EXPENSES improve the conditions of distressed and of affordable housing acquisition and reha- blighted areas and neighborhoods, to stimu- bilitation. For necessary salaries and expenses of the late investment, economic diversification, Office of Housing, $351,560,000: Provided, That HOMELESS ASSISTANCE GRANTS and community revitalization in areas with notwithstanding any other provision of law, population outmigration or a stagnating or (INCLUDING TRANSFER OF FUNDS) funds appropriated under this heading may declining economic base, or to determine For the emergency shelter grants program be used for advertising and promotional ac- whether housing benefits can be integrated as authorized under subtitle B of title IV of tivities that support the housing mission more effectively with welfare reform initia- the McKinney-Vento Homeless Assistance area. tives. Act, as amended; the supportive housing pro- HOUSING FOR THE ELDERLY COMMUNITY DEVELOPMENT LOAN GUARANTEES gram as authorized under subtitle C of title (INCLUDING TRANSFER OF FUNDS) PROGRAM ACCOUNT IV of such Act; the section 8 moderate reha- (INCLUDING TRANSFER OF FUNDS) bilitation single room occupancy program as For capital advances, including amend- authorized under the United States Housing ments to capital advance contracts, for hous- For the cost of guaranteed loans, $6,000,000, Act of 1937, as amended, to assist homeless ing for the elderly, as authorized by section to remain available until September 30, 2009, individuals pursuant to section 441 of the 202 of the Housing Act of 1959, as amended, as authorized by section 108 of the Housing and Community Development Act of 1974, as McKinney-Vento Homeless Assistance Act; and for project rental assistance for the el- amended: Provided, That such costs, includ- and the shelter plus care program as author- derly under section 202(c)(2) of such Act, in- ing the cost of modifying such loans, shall be ized under subtitle F of title IV of such Act, cluding amendments to contracts for such as defined in section 502 of the Congressional $1,585,990,000, of which $1,580,990,000 shall re- assistance and renewal of expiring contracts Budget Act of 1974, as amended: Provided fur- main available until September 30, 2010, and for such assistance for up to a 1-year term, ther, That these funds are available to sub- of which $5,000,000 shall remain available and for supportive services associated with sidize total loan principal, any part of which until expended for rehabilitation projects the housing, $735,000,000, to remain available is to be guaranteed, not to exceed with ten-year grant terms: Provided, That of until September 30, 2011, of which up to $275,000,000, notwithstanding any aggregate the amounts provided, $25,000,000 shall be set $603,900,000 shall be for capital advance and limitation on outstanding obligations guar- aside to conduct a demonstration program project-based rental assistance awards: Pro- anteed in section 108(k) of the Housing and for the rapid re-housing of homeless families: vided, That, of the amount provided under Community Development Act of 1974, as Provided further, That of amounts made this heading, up to $60,000,000 shall be for amended. available in the preceding proviso, not to ex- service coordinators and the continuation of ceed $3,000,000 may be used to conduct an existing congregate service grants for resi- BROWNFIELDS REDEVELOPMENT evaluation of this demonstration program: dents of assisted housing projects, and of For competitive economic development Provided further, That funding made avail- which up to $24,750,000 shall be for grants grants, as authorized by section 108(q) of the able for this demonstration program shall be under section 202b of the Housing Act of 1959 Housing and Community Development Act of used by the Secretary, expressly for the pur- (12 U.S.C. 1701q–2) for conversion of eligible 1974, as amended, for Brownfields redevelop- poses of providing housing and services to projects under such section to assisted living ment projects, $10,000,000, to remain avail- homeless families in order to evaluate the ef- or related use and for emergency capital re- able until September 30, 2009. fectiveness of the rapid re-housing approach pairs as determined by the Secretary: Pro- HOME INVESTMENT PARTNERSHIPS PROGRAM in addressing the needs of homeless families: vided further, That of the amount made avail- (INCLUDING TRANSFER OF FUNDS) Provided further, That not less than 30 per- able under this heading, $20,000,000 shall be For the HOME investment partnerships cent of funds made available, excluding available to the Secretary of Housing and program, as authorized under title II of the amounts provided for renewals under the Urban Development only for making com- Cranston-Gonzalez National Affordable shelter plus care program, shall be used for petitive grants to private nonprofit organiza- Housing Act, as amended, $1,970,000,000, to re- permanent housing for individuals and fami- tions and consumer cooperatives for covering main available until September 30, 2010, of lies: Provided further, That all funds awarded costs of architectural and engineering work, which not to exceed $3,465,000 may be trans- for services shall be matched by 25 percent in site control, and other planning relating to ferred to the Working Capital Fund: Pro- funding by each grantee: Provided further, the development of supportive housing for vided, That up to $15,000,000 shall be available That the Secretary shall renew on an annual the elderly that is eligible for assistance for technical assistance: Provided further, basis expiring contracts or amendments to under section 202 of the Housing Act of 1959 That of the total amount provided in this contracts funded under the shelter plus care (12 U.S.C. 1701q): Provided further, That paragraph, up to $150,000,000 shall be avail- program if the program is determined to be amounts under this heading shall be avail- able for housing counseling under section 106 needed under the applicable continuum of able for Real Estate Assessment Center in- of the Housing and Urban Development Act care and meets appropriate program require- spections and inspection-related activities of 1968. ments and financial standards, as deter- associated with section 202 capital advance

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11424 CONGRESSIONAL RECORD — SENATE September 11, 2007 projects: Provided further, That not to exceed struction and Safety Standards Act of 1974, Housing Act, shall not exceed $50,000,000, of $1,400,000 of the total amount made available as amended (42 U.S.C. 5401 et seq.), up to which not to exceed $30,000,000 shall be for under this heading may be transferred to the $16,000,000, to remain available until ex- bridge financing in connection with the sale Working Capital Fund: Provided further, That pended, to be derived from the Manufactured of multifamily real properties owned by the the Secretary may waive the provisions of Housing Fees Trust Fund: Provided, That not Secretary and formerly insured under such section 202 governing the terms and condi- to exceed the total amount appropriated Act; and of which not to exceed $20,000,000 tions of project rental assistance, except under this heading shall be available from shall be for loans to nonprofit and govern- that the initial contract term for such as- the general fund of the Treasury to the ex- mental entities in connection with the sale sistance shall not exceed 5 years in duration. tent necessary to incur obligations and make of single-family real properties owned by the HOUSING FOR PERSONS WITH DISABILITIES expenditures pending the receipt of collec- Secretary and formerly insured under such tions to the Fund pursuant to section 620 of Act. (INCLUDING TRANSFER OF FUNDS) such Act: Provided further, That the amount For administrative contract expenses nec- For capital advance contracts, including made available under this heading from the essary to carry out the guaranteed and di- amendments to capital advance contracts, general fund shall be reduced as such collec- rect loan programs, $78,111,000, of which not for supportive housing for persons with dis- tions are received during fiscal year 2008 so to exceed $15,692,000 may be transferred to abilities, as authorized by section 811 of the as to result in a final fiscal year 2008 appro- the Working Capital Fund: Provided, That to Cranston-Gonzalez National Affordable priation from the general fund estimated at the extent guaranteed loan commitments ex- Housing Act (42 U.S.C. 8013), for project rent- not more than $0 and fees pursuant to such ceed $8,426,000,000 on or before April 1, 2008, al assistance for supportive housing for per- section 620 shall be modified as necessary to an additional $1,980 for administrative con- sons with disabilities under section 811(d)(2) ensure such a final fiscal year 2008 appropria- tract expenses shall be available for each of such Act, including amendments to con- tion: Provided further, That for the dispute $1,000,000 in additional guaranteed loan com- tracts for such assistance and renewal of ex- resolution and installation programs, the mitments over $8,426,000,000 (including a pro piring contracts for such assistance for up to Secretary of Housing and Urban Develop- rata amount for any increment below a 1-year term, and for supportive services as- ment may assess and collect fees from any $1,000,000), but in no case shall funds made sociated with the housing for persons with program participant: Provided further, That available by this proviso exceed $14,400,000. disabilities as authorized by section 811(b)(1) such collections shall be deposited into the For discount sales of multifamily real of such Act, and for tenant-based rental as- Fund, and the Secretary, as provided herein, property under sections 207(1) or 246 of the sistance contracts entered into pursuant to may use such collections, as well as fees col- National Housing Act (12 U.S.C. 1713(l), 1715z– section 811 of such Act, $237,000,000, to re- lected under section 620, for necessary ex- 11), section 203 of the Housing and Commu- main available until September 30, 2011: Pro- penses of such Act: Provided further, That nity Development Amendments of 1978 (12 vided, That not to exceed $600,000 may be notwithstanding the requirements of section U.S.C. 1701z–11), or section 204 of the Depart- transferred to the Working Capital Fund: 620 of such Act, the Secretary may carry out ments of Veterans Affairs and Housing and Provided further, That, of the amount pro- responsibilities of the Secretary under such Urban Development, and Independent Agen- vided under this heading $74,745,000 shall be Act through the use of approved service pro- cies Appropriations Act, 1997 (12 U.S.C. 1715z– for amendments or renewal of tenant-based viders that are paid directly by the recipi- 11a), and for discount loan sales under sec- assistance contracts entered into prior to fis- ents of their services. tion 207(k) of the National Housing Act (12 cal year 2005 (only one amendment author- FEDERAL HOUSING ADMINISTRATION U.S.C. 1713(k)), section 203(k) of the Housing ized for any such contract): Provided further, and Community Development Amendments MUTUAL MORTGAGE INSURANCE PROGRAM That all tenant-based assistance made avail- of 1978 (12 U.S.C. 1701z–11(k)), or section ACCOUNT able under this heading shall continue to re- 204(a) of the Departments of Veterans Affairs main available only to persons with disabil- (INCLUDING TRANSFERS OF FUNDS) and Housing and Urban Development, and ities: Provided further, That the Secretary During fiscal year 2008, commitments to Independent Agencies Act, 1997 (12 U.S.C. may waive the provisions of section 811 gov- guarantee loans to carry out the purposes of 1715z–11a(a)), $5,000,000, to remain available erning the terms and conditions of project section 203(b) of the National Housing Act, until September 30, 2009. rental assistance and tenant-based assist- as amended, shall not exceed a loan principal GOVERNMENT NATIONAL MORTGAGE ance, except that the initial contract term of $185,000,000,000. ASSOCIATION for such assistance shall not exceed 5 years During fiscal year 2008, obligations to in duration: Provided further, That amounts make direct loans to carry out the purposes OFFICE OF THE GOVERNMENT NATIONAL made available under this heading shall be of section 204(g) of the National Housing Act, MORTGAGE ASSOCIATION available for Real Estate Assessment Center as amended, shall not exceed $50,000,000: Pro- SALARIES AND EXPENSES Inspections and inspection-related activities vided, That the foregoing amount shall be for For the necessary salaries and expenses of associated with section 811 Capital Advance loans to nonprofit and governmental entities the Office of the Government National Mort- Projects. in connection with sales of single family real gage Association, $9,530,000. OTHER ASSISTED HOUSING PROGRAMS properties owned by the Secretary and for- GUARANTEES OF MORTGAGE-BACKED SECURITIES merly insured under the Mutual Mortgage RENTAL HOUSING ASSISTANCE LOAN GUARANTEE PROGRAM ACCOUNT Insurance Fund. (INCLUDING TRANSFER OF FUNDS) For amendments to contracts under sec- For administrative contract expenses, tion 101 of the Housing and Urban Develop- $77,400,000, of which not to exceed $25,550,000 New commitments to issue guarantees to ment Act of 1965 (12 U.S.C. 1701s) and section may be transferred to the Working Capital carry out the purposes of section 306 of the 236(f)(2) of the National Housing Act (12 Fund, and of which up to $5,000,000 shall be National Housing Act, as amended (12 U.S.C. U.S.C. 1715z–1) in State-aided, non-insured for education and outreach of FHA single 1721(g)), shall not exceed $200,000,000,000, to rental housing projects, $27,600,000, to remain family loan products: Provided, That to the remain available until September 30, 2009. available until expended. extent guaranteed loan commitments exceed POLICY DEVELOPMENT AND RESEARCH (RESCISSION) $65,500,000,000 on or before April 1, 2008, an OFFICE OF THE ASSISTANT SECRETARY FOR Of the amounts made available under the additional $1,400 for administrative contract POLICY DEVELOPMENT AND RESEARCH expenses shall be available for each $1,000,000 heading ‘‘Rent Supplement’’ in Public Law SALARIES AND EXPENSES in additional guaranteed loan commitments 98–63 for amendments to contracts under sec- For necessary salaries and expenses of the tion 101 of the Housing and Urban Develop- (including a pro rata amount for any amount below $1,000,000), but in no case shall funds Office of the Assistant Secretary for Policy ment Act of 1965 (12 U.S.C. 1701s) and section Development and Research, $1,570,000. 236(f)(2) of the National Housing Act (12 made available by this proviso exceed U.S.C. 1715z–1) in State-aided, non-insured $30,000,000. POLICY DEVELOPMENT AND RESEARCH SALARIES AND EXPENSES rental housing projects, $27,600,000 are re- GENERAL AND SPECIAL RISK PROGRAM ACCOUNT scinded. (INCLUDING TRANSFERS OF FUNDS) For necessary salaries and expenses of the Office of Policy Development and Research, FLEXIBLE SUBSIDY FUND For the cost of guaranteed loans, as au- $19,310,000. (TRANSFER OF FUNDS) thorized by sections 238 and 519 of the Na- tional Housing Act (12 U.S.C. 1715z–3 and RESEARCH AND TECHNOLOGY From the Rental Housing Assistance Fund, 1735c), including the cost of loan guarantee For contracts, grants, and necessary ex- all uncommitted balances of excess rental modifications, as that term is defined in sec- penses of programs of research and studies charges as of September 30, 2007, and any col- tion 502 of the Congressional Budget Act of relating to housing and urban problems, not lections made during fiscal year 2008 and all 1974, as amended, $8,600,000, to remain avail- otherwise provided for, as authorized by title subsequent fiscal years, shall be transferred able until expended: Provided, That commit- V of the Housing and Urban Development to the Flexible Subsidy Fund, as authorized ments to guarantee loans shall not exceed Act of 1970, as amended (12 U.S.C. 1701z–1 et by section 236(g) of the National Housing $45,000,000,000 in total loan principal, any seq.), including carrying out the functions of Act, as amended. part of which is to be guaranteed. the Secretary under section 1(a)(1)(i) of Re- MANUFACTURED HOUSING FEES TRUST FUND Gross obligations for the principal amount organization Plan No. 2 of 1968, $59,040,000, to For necessary expenses as authorized by of direct loans, as authorized by sections remain available until September 30, 2009: the National Manufactured Housing Con- 204(g), 207(l), 238, and 519(a) of the National Provided, That of the total amount provided

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11425 under this heading, $5,000,000 shall be for the this heading, shall be considered to be funds amendment intended to be proposed by Partnership for Advancing Technology in for a special project for purposes of section her to the bill H.R. 3074, making appro- Housing (PATH) Initiative: Provided further, 305(c) of the Multifamily Housing Property priations for the Departments of Disposition Reform Act of 1994: Provided fur- That of the funds made available under this Transportation, and Housing and heading, $20,600,000 is for grants pursuant to ther, That of the total amount made avail- section 107 of the Housing and Community able under this heading, $48,000,000 shall be Urban Development, and related agen- Development Act of 1974, as amended, as fol- made available on a competitive basis for cies for the fiscal year ending Sep- lows: $3,000,000 to support Alaska Native areas with the highest lead paint abatement tember 30, 2008, and for other purposes; serving institutions and Native Hawaiian needs: Provided further, That each applicant as follows: shall submit a detailed plan and strategy serving institutions as defined under the At the end of the sections under the head- Higher Education Act, as amended; $2,600,000 that demonstrates adequate capacity that is acceptable to the Secretary to carry out the ing ‘‘GENERAL PROVISIONS’’ at the end of title for tribal colleges and universities to build, I, add the following: expand, renovate, and equip their facilities proposed use of funds pursuant to a Notice of and to expand the role of the colleges into Funding Availability: Provided further, That SEC. 1ll. PROHIBITION ON IMPOSITION AND COLLECTION OF TOLLS ON CERTAIN the community through the provision of of the total amount made available under this heading, $2,000,000 shall be available for HIGHWAYS CONSTRUCTED USING needed services such as health programs, job FEDERAL FUNDS. training and economic development activi- the Big Buy Program to be managed by the (a) DEFINITIONS.—In this section: ties; $9,000,000 for the Historically Black Col- Office of Healthy Homes and Lead Hazard Control. (1) FEDERAL HIGHWAY FACILITY.— leges and Universities program, of which up WORKING CAPITAL FUND (A) IN GENERAL.—The term ‘‘Federal high- to $2,000,000 may be used for technical assist- way facility’’ means— For additional capital for the Working ance; and $6,000,000 for the Hispanic Serving (i) any highway, bridge, or tunnel on the Institutions Program. Capital Fund (42 U.S.C. 3535) for the develop- ment of, modifications to, and infrastructure Interstate System that is constructed using FAIR HOUSING AND EQUAL OPPORTUNITY for Department-wide information technology Federal funds; or OFFICE OF THE ASSISTANT SECRETARY FOR FAIR systems, for the continuing operation and (ii) any United States highway. HOUSING AND EQUAL OPPORTUNITY maintenance of both Department-wide and (B) EXCLUSION.—The term ‘‘Federal high- SALARIES AND EXPENSES program-specific information systems, and way facility’’ does not include any right-of- way for any highway, bridge, or tunnel de- For necessary salaries and expenses of the for program-related development activities, scribed in subparagraph (A). Office of the Assistant Secretary for Fair $75,000,000, to remain available until Sep- (2) TOLLING PROVISION.—The term ‘‘tolling Housing and Equal Opportunity, $1,490,000. tember 30, 2009: Provided, That any amounts transferred to this Fund under this Act shall provision’’ means— FAIR HOUSING AND EQUAL OPPORTUNITY remain available until expended: Provided (A) section 129 of title 23, United States SALARIES AND EXPENSES further, That any amounts transferred to Code; For the necessary salaries and expenses of this Fund from amounts appropriated by pre- (B) section 1216(b) of the Transportation the Office of Fair Housing and Equal Oppor- viously enacted appropriations Acts or from Equity Act for the 21st Century (23 U.S.C. 129 tunity, $69,390,000. within this Act may be used only for the pur- note; 112 Stat. 212); FAIR HOUSING ACTIVITIES poses specified under this Fund, in addition (C) section 1604(b) of the Safe, Accountable, For contracts, grants, and other assist- to the purposes for which such amounts were Flexible, Efficient Transportation Equity ance, not otherwise provided for, as author- appropriated. Act: A Legacy for Users (23 U.S.C. 129 note; 119 Stat. 1250); and ized by title VIII of the Civil Rights Act of SA 2823. Mrs. CLINTON (for herself, 1968, as amended by the Fair Housing (D) section 1012(b)(4) of the Intermodal Mr. SCHUMER, Mr. MENENDEZ, Mr. LIE- Amendments Act of 1988, and section 561 of Surface Transportation Efficiency Act of the Housing and Community Development BERMAN, Mr. LAUTENBERG, Mr. DODD, 1991 (23 U.S.C. 149 note; 105 Stat. 1938). Act of 1987, as amended, $52,000,000, to remain and Mr. CASEY) submitted an amend- (b) PROHIBITION.— available until September 30, 2009, of which ment intended to be proposed by her to (1) IN GENERAL.—None of the funds made $25,000,000 shall be to carry out activities the bill H.R. 3074, making appropria- available by this Act shall be used to con- pursuant to such section 561: Provided, That tions for the Departments of Transpor- sider or approve an application to permit the notwithstanding 31 U.S.C. 3302, the Secretary tation, and Housing and Urban Devel- imposition or collection of any toll on any portion of a Federal highway facility— may assess and collect fees to cover the costs opment, and related agencies for the of the Fair Housing Training Academy, and (A)(i) that is in existence on the date of en- fiscal year ending September 30, 2008, actment of this Act; and may use such funds to provide such training: and for other purposes; as follows: Provided further, That no funds made avail- (ii) on which no toll is imposed or collected able under this heading shall be used to On page 147, between lines 8 and 9, insert under a tolling provision on that date of en- lobby the executive or legislative branches the following: actment; or SEC. 414. Not later than 120 days after the of the Federal Government in connection (B) that would result in the Federal high- date of the enactment of this Act, the Sec- with a specific contract, grant or loan. way facility having fewer non-toll lanes than retary of Transportation shall submit to the before the date on which the toll was first OFFICE OF LEAD HAZARD CONTROL Committee on Appropriations of the Senate, imposed or collected. OFFICE OF HEALTHY HOMES AND LEAD HAZARD the Committee on Appropriations of the (2) EXEMPTION.—Paragraph (1) shall not CONTROL House of Representatives, the Committee on apply to the imposition or collection of a toll SALARIES AND EXPENSES Commerce, Science, and Transportation of on a Federal highway facility— the Senate, and the Committee on Transpor- For the necessary salaries and expenses of (A) on which a toll is imposed or collected tation and Infrastructure of the House of the Office of Healthy Homes and Lead Haz- under a tolling provision on the date of en- Representatives, a report detailing how the ard Control, $6,140,000. actment of this Act; or Federal Aviation Administration plans to al- (B) that is constructed, under construc- LEAD HAZARD REDUCTION leviate air congestion and flight delays in tion, or the subject of an application for con- For the Lead Hazard Reduction Program, the New York/New Jersey/Philadelphia Air- struction submitted to the Secretary, after as authorized by section 1011 of the Residen- space by August 31, 2008. the date of enactment of this Act. tial Lead-Based Paint Hazard Reduction Act SA 2824. Mr. GRASSLEY (for him- (c) STATE BUY-BACK.—None of the funds of 1992, $151,000,000, to remain available until made available by this Act shall be used to September 30, 2009, of which $8,800,000 shall self, Mr. VITTER, Mr. CRAPO, and Mr. impose or collect a toll on a Federal highway be for the Healthy Homes Initiative, pursu- THUNE) submitted an amendment in- facility that is purchased by a State on or ant to sections 501 and 502 of the Housing and tended to be proposed by him to the after the date of enactment of this Act. Urban Development Act of 1970 that shall in- bill H.R. 3074, making appropriations clude research, studies, testing, and dem- for the Departments of Transportation, SA 2826. Mr. MENENDEZ (for himself onstration efforts, including education and and Housing and Urban Development, outreach concerning lead-based paint poi- and Mr. LAUTENBERG) submitted an soning and other housing-related diseases and related agencies for the fiscal year amendment intended to be proposed by and hazards: Provided, That for purposes of ending September 30, 2008, and for him to the bill H.R. 3074, making ap- environmental review, pursuant to the Na- other purposes; which was ordered to propriations for the Departments of tional Environmental Policy Act of 1969 (42 lie on the table; as follows: Transportation, and Housing and U.S.C. 4321 et seq.) and other provisions of In section 187 under the heading ‘‘GENERAL Urban Development, and related agen- law that further the purposes of such Act, a PROVISIONS’’ of title I, insert ‘‘and any Mem- cies for the fiscal year ending Sep- grant under the Healthy Homes Initiative, ber of Congress representing any affected tember 30, 2008, and for other purposes; Operation Lead Elimination Action Plan State or district’’ after ‘‘Appropriations’’. (LEAP), or the Lead Technical Studies pro- as follows: gram under this heading or under prior ap- SA 2825. Mrs. HUTCHISON (for her- On page 18, between lines 2 and 3, insert propriations Acts for such purposes under self and Mr. CORNYN) submitted an the following:

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11426 CONGRESSIONAL RECORD — SENATE September 11, 2007 SEC. 116. (a) GOVERNMENT ACCOUNTABILITY met by the New York/New Jersey/Philadel- Urban Development, and related agen- OFFICE STUDY AND REPORT ON FLIGHT phia Metropolitan Area Airspace Redesign, cies for the fiscal year ending Sep- DELAYS.—None of the funds appropriated or the Administrator of the Federal Aviation tember 30, 2008, and for other purposes; otherwise made available by this Act may be Administration shall immediately revert the as follows: obligated or expended by the Administrator New York/New Jersey/Philadelphia Metro- of the Federal Aviation Administration for politan Area airspace design to the airspace At the appropriate place, insert the fol- the New York/New Jersey/Philadelphia Met- design for such area in effect on September 1, lowing: ropolitan Airspace Redesign until the Comp- 2007. SEC. lll. Not later than 30 days after the troller General of the United States submits date of enactment of this Act, the Secretary the report required by subsection (c). SA 2828. Mr. MENENDEZ (for himself of Housing and Urban Development shall es- tablish and maintain on the homepage of the (b) STUDY.— and Mr. LAUTENBERG) submitted an Internet website of the Department of Hous- (1) IN GENERAL.—The Comptroller General amendment intended to be proposed by shall conduct a study on the efficacy of ing and Urban Development— him to the bill H.R. 3074, making ap- (1) a direct link to the Internet website of strategies employed by the Administrator of propriations for the Departments of the Federal Aviation Administration and the the Office of Inspector General of the Depart- Secretary of Transportation to address flight Transportation, and Housing and ment of Housing and Urban Development; delays at airports in the United States. Urban Development, and related agen- and (2) CONTENTS.—The study required by para- cies for the fiscal year ending Sep- (2) a mechanism by which individuals may graph (1) shall include an assessment of— tember 30, 2008, and for other purposes; anonymously report cases of waste, fraud, or (A) efforts by the Administrator of the which was ordered to lie on the table; abuse with respect to the Department of Housing and Urban Development. Federal Aviation Administration to induce as follows: voluntary schedule reductions by air carriers On page 147, between lines 8 and 9, insert at Chicago O’Hare International Airport; SA 2831. Mrs. MCCASKILL submitted the following: (B) the mandatory flight reduction oper- an amendment intended to be proposed SEC. 414. None of the funds appropriated or ations instituted by the Administrator of the by her to the bill H.R. 3074, making ap- otherwise made available by this Act may be Federal Aviation Administration at obligated or expended to implement the air- propriations for the Departments of LaGuardia Airport and Ronald Reagan Wash- space redesign alternative preferred by the Transportation, and Housing and ington National Airport; Federal Aviation Administration with re- Urban Development, and related agen- (C) the New York/New Jersey/Philadelphia spect to the New York/New Jersey/Philadel- cies for the fiscal year ending Sep- Metropolitan Airspace Redesign; and phia Airspace Redesign Project. (D) any other significant efforts by the Ad- tember 30, 2008, and for other purposes; as follows: ministrator of the Federal Aviation Admin- SA 2829. Mr. MENENDEZ (for himself istration or the Secretary of Transportation At the appropriate place, insert the fol- to reduce flight delays at airports in the and Mr. LAUTENBERG) submitted an lowing: United States. amendment intended to be proposed by SEC. lll. Not later than 30 days after the (c) REPORT.—Not later than 120 days after him to the bill H.R. 3074, making ap- date of enactment of this Act, the Secretary the date of the enactment of this Act, the propriations for the Departments of of Transportation shall establish and main- Comptroller General shall submit to Con- Transportation, and Housing and tain on the homepage of the Internet website gress a report including— Urban Development, and related agen- of the Department of Transportation— (1) the results of the study required by sub- cies for the fiscal year ending Sep- (1) a direct link to the Internet website of the Office of Inspector General of the Depart- section (b); and tember 30, 2008, and for other purposes; (2) recommendations regarding which of ment of Transportation; and the strategies described in subsection (b) re- as follows: (2) a mechanism by which individuals may duce airport delays most effectively when On page 18, between lines 2 and 3, insert anonymously report cases of waste, fraud, or employed for periods of 6 months or less. the following: abuse with respect to the Department of SEC. 116. (a) GOVERNMENT ACCOUNTABILITY Transportation. SA 2827. Mr. MENENDEZ (for himself OFFICE STUDY ON FLIGHT DELAYS.— and Mr. LAUTENBERG) submitted an (1) IN GENERAL.—The Comptroller General SA 2832. Mr. BOND (for himself, Mr. amendment intended to be proposed by shall conduct a study on the efficacy of DODD, and Mr. KERRY) submitted an him to the bill H.R. 3074, making ap- strategies employed by the Administrator of amendment intended to be proposed by the Federal Aviation Administration and the him to the bill H.R. 3074, making ap- propriations for the Departments of Secretary of Transportation to address flight Transportation, and Housing and delays at airports in the United States. propriations for the Departments of Urban Development, and related agen- (2) CONTENTS.—The study required by para- Transportation, and Housing and cies for the fiscal year ending Sep- graph (1) shall include an assessment of— Urban Development, and related agen- tember 30, 2008, and for other purposes; (A) efforts by the Administrator of the cies for the fiscal year ending Sep- which was ordered to lie on the table; Federal Aviation Administration to induce tember 30, 2008, and for other purposes; as follows: voluntary schedule reductions by air carriers as follows: at Chicago O’Hare International Airport; On page 95, after the period at the end of On page 18, between lines 2 and 3, insert (B) the mandatory flight reduction oper- line 25, begin with the following new para- the following: ations instituted by the Administrator of the SEC. 116. (a) STUDY OF NEW YORK/NEW JER- graph: Federal Aviation Administration at SEY/PHILADELPHIA METROPOLITAN AREA AIR- Of the overall funds made available for this LaGuardia Airport and Ronald Reagan Wash- SPACE REDESIGN.—Not later than 120 days account, up to $100,000,000 may be made ington National Airport; after the date of the enactment of this Act, available for mortgage foreclosure mitiga- (C) the New York/New Jersey/Philadelphia the Comptroller General of the United States tion activities, under the following terms Metropolitan Airspace Redesign; and shall conduct a study of the New York/New and conditions: (D) any other significant efforts by the Ad- Jersey/Philadelphia Metropolitan Area Air- (1) The Secretary of Housing and Urban ministrator of the Federal Aviation Admin- space Redesign to determine whether such Development (‘‘Secretary,’’ ‘‘the Depart- istration or the Secretary of Transportation redesign will meet the targets set by the ment’’) is authorized to provide, or contract to reduce flight delays at airports in the Federal Aviation Administration of— with public, private or nonprofit entities (in- United States. (1) a 20 percent reduction of air travel cluding the Neighborhood Reinvestment Cor- (b) REPORT.—Not later than 120 days after poration and Housing Finance Agencies) to delays in such airspace by 2011; and the date of the enactment of this Act, the make awards (with up to a 25 percent match (2) eliminating exposure to aircraft noise Comptroller General shall submit to Con- by an entity of the amount made available for not less than 500,000 people in such met- gress a report including— to such entity) (except for the match, some ropolitan area. (1) the results of the study required by sub- (b) REPORT.—Not later than 120 days after or all of the award may be repayable by the section (a); and the date of the enactment of this Act, the contractor to the Secretary, upon terms de- (2) recommendations regarding which of Comptroller General of the United States termined by the Secretary) to provide miti- the strategies described in subsection (a) re- shall submit to Congress a report setting gation assistance to eliminate the default duce airport delays most effectively when forth the findings of the Comptroller General and foreclosure of mortgages of owner-occu- employed for periods of 6 months or less. with respect to the study required by sub- pied single-family homes that are at risk of section (a). such foreclosure, including mortgages known SA 2830. Mrs. MCCASKILL submitted (c) REVERSION TO PREVIOUS AIRSPACE DE- as subprime mortgages; SIGN.—If the report submitted to Congress in an amendment intended to be proposed (2) These loss mitigation activities shall accordance with subsection (b) contains a by her to the bill H.R. 3074, making ap- only be made available to homebuyers with finding by the Comptroller General that the propriations for the Departments of mortgages in default or in danger of default targets specified in subsection (a) will not be Transportation, and Housing and where such activities are likely to ensure the

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long-term affordability of any mortgage re- SEC. lll. SENSE OF THE SENATE. the assistance of persons with limited tained pursuant to such activity; No Federal (a) FINDINGS.—The Senate finds that: english proficiency in utilizing the services funds made available under this paragraph (1) Millions of American families are at provided by the Department of Housing and may be provided directly to lenders or home- risk of losing their homes in foreclosure as Urban Development.’’. owners for foreclosure mitigation assistance. their adjustable-rate subprime loans have An entity may use its own funds (including reset or will reset in the near future. SA 2835. Mrs. FEINSTEIN submitted its match contribution) for foreclosure miti- (2) Based on recent housing data, the cur- an amendment intended to be proposed gation assistance subject to repayment re- rent foreclosure crisis is likely just the tip of by her to the bill H.R. 3074, making ap- quirements and the regulations issued by the the iceberg, as nearly 2,000,000 adjustable- propriations for the Departments of Secretary; rate subprime mortgages are scheduled to Transportation, and Housing and (3) Loss mitigation activities shall involve reset by the end of 2008. a reasonable analysis of the borrower’s fi- Urban Development, and related agen- (3) Rising foreclosures in a weak housing cies for the fiscal year ending Sep- nancial situation, an evaluation of the cur- market could cause an accelerating decline rent value of the property that is subject to in home values as more houses come on the tember 30, 2008, and for other purposes; the mortgage, the possible purchase of the market for resale (either from their owners which was ordered to lie on the table; mortgage, refinancing opportunities or the or as the result of foreclosures), and if such as follows: approval of a work-out strategy by all inter- a situation develops, the United States may On page 137, between lines 17 and 18, insert ested parties, and an assessment of the feasi- see additional declines in home prices and the following: bility of the following measures, including: negative effects on the Nation’s economy. SEC. 232. The Secretary of Housing and (I) waiver of any late payment change or, (4) Foreclosures have a significant nega- Urban Development shall give priority con- as applicable, penalty interest; tive impact, not only on the borrower and sideration to applications from the housing (II) forbearance pursuant to the written lender, but also on neighboring homeowners authorities of the Counties of San agreement between the borrower and and the surrounding community because of Bernardino and Santa Clara and the City of servicer providing for a temporary reduction lower property values, decreased property San Jose, California to participate in the in monthly payments followed by a re- Moving to Work Demonstration Agreement amortization and new payment schedule that tax revenues, and higher municipal mainte- nance costs. under section 204 of the Departments of Vet- includes any arrearage; erans Affairs and Housing and Urban Devel- (III) waiver, modification, or variation of (5) A cost-effective way of preventing fore- closures is to engage experienced nonprofit opment, and Independent Agencies Appro- any term of a mortgage, including modifica- priations Act, 1996 (as contained in section tion that changes the mortgage rate, includ- organizations in the negotiations between borrowers and lenders for loan modifications 101(e) of the Omnibus Consolidated Rescis- ing the possible elimination of the adjust- sions and Appropriations Act of 1996; Public able rate mortgage requirements, forgiving and refinancings. Law 104-134): Provided, That upon turnover, the payment of principal and interest, ex- (6) Many of these nonprofits are already overwhelmed by requests for assistance, with existing requirements on the reissuance of tending the final maturity rate of such mort- section 8 vouchers shall be maintained to en- gage, or beginning to include an escrow for some having received as many requests for assistance in the first 6 months of this year sure that not less than 75 percent of all taxes and insurance; vouchers shall be made available to ex- (IV) acceptance of payment from the as they did in all of last year. tremely low-income families. homebuyer of an amount less than the stated (7) It is essential that the capacity of these SEC. 233. The Secretary of Housing and qualified housing counselors be increased principal balance in financial satisfaction of Urban Development may, notwithstanding with additional funding, especially in light such mortgage; any other provision of law, approve addi- (V) assumption; of increasing evidence that some home- tional Moving to Work Demonstration (VI) pre-foreclosure sale; owners are falling victim to fraudulent Agreements, which are entered into between (VII) deed in lieu of foreclosure; and mortgage foreclosure avoidance schemes. a public housing agency that is not currently (VIII) such other measures, or combination (8) The Subcommittee on Transportation, under receivership and the Secretary under of measures, to make the mortgage both fea- Housing and Urban Development, and Re- section 204 of the Departments of Veterans sible and reasonable to ensure the long-term lated Agencies of the Committee on Appro- affordability of any mortgage retained pur- Affairs and Housing and Urban Development, priations of the Senate has recognized the and Independent Agencies Appropriations suant to such activity. need for increased funding for foreclosure- (4) Activities described in subclasses (V), Act, 1996 (as contained in section 101(e) of avoidance nonprofits by providing in this (VI), and (VII) shall be only pursued after a the Omnibus Consolidated Rescissions and Act $100,000,000 for these efforts. reasonable evaluation of the feasibility of Appropriations Act of 1996; Public Law 104- (9) The Federal Government cannot solve the activities described in subclasses (I), (II), 134), but at no time may the number of ac- this problem by itself, and the efforts of oth- (III), (IV), and (VIII), based on the home- tive Moving to Work Demonstration Agree- ers, particularly those banks and mortgage owner’s circumstances. ments exceed 32. (5) The Secretary shall develop a listing of servicers that have the ability, through loan mortgage foreclosure mitigation entities modifications and refinancings, to help SA 2836. Mr. SCHUMER submitted an with which it has agreements as well as a homeowners avoid foreclosures, are essential amendment intended to be proposed by listing of counseling centers approved by the to addressing this problem. him to the bill H.R. 3074, making ap- Secretary, with the understanding that an (b) SENSE OF THE SENATE.—It is the sense of the Senate that the subprime crisis poses propriations for the Departments of eligible mortgage foreclosure mitigation en- Transportation, and Housing and tity may also operate as a counseling center. a danger to the housing market and the (6) Any mitigation funds recovered by the economy as a whole, and efforts and re- Urban Development, and related agen- Department of Housing and Urban Develop- sources at all levels of government and in cies for the fiscal year ending Sep- ment shall be revolved back into the overall the private sector should be devoted to alle- tember 30, 2008, and for other purposes; mitigation fund or for other counseling ac- viating this ongoing problem that threatens which was ordered to lie on the table; tivities, maintained by the Department and millions of American families and their as follows: homes. revolved back into mitigation and coun- On page 147, between lines 8 and 9, insert seling activities the following: SA 2834. Mr. MENENDEZ submitted (7) The Department shall report annually SEC. 414. SENSE OF THE SENATE REGARDING to the Congress on its efforts to mitigate an amendment intended to be proposed FEDERAL AVIATION ADMINISTRA- mortgage default. Such report shall identify by him to the bill H.R. 3074, making ap- TION EQUIPMENT. all methods of success and housing preserved propriations for the Departments of (a) FINDINGS.—The Senate makes the fol- and shall include all recommended efforts Transportation, and Housing and lowing findings: that will or likely can assist in the success Urban Development, and related agen- (1) The American public relies on the air of this program. cies for the fiscal year ending Sep- traffic control infrastructure for its safety and American commerce is dependent on it SA 2833. Mr. SCHUMER submitted an tember 30, 2008, and for other purposes; for its continued health. amendment intended to be proposed by as follows: (2) The delays in modernization of tech- him to the bill H.R. 3074, making ap- On page 73, line 8, strike ‘‘$252,010,000’’ and nology by the Federal Aviation Administra- propriations for the Departments of insert ‘‘$251,630,000’’. tion have put both safety and commerce at Transportation, and Housing and On page 110, line 23, strike ‘‘$52,000,000’’ and risk. Urban Development, and related agen- insert ‘‘$52,380,000’’. (3) Safety must be first and foremost on cies for the fiscal year ending Sep- On page 111, line 6, strike the period and the Federal Aviation Administration agenda insert the following: ‘‘: Provided further, That when it comes to implementing moderniza- tember 30, 2008, and for other purposes; of the funds made available under this head- tion plans. which was ordered to lie on the table; ing, $380,000 shall be available to the Sec- (4) So far this year, there have been 339 po- as follows: retary of Housing and Urban Development tential catastrophes, incidents where planes At the appropriate place, insert the fol- for the creation and promotion of translated got too close to each other or to objects on lowing: materials and other programs that support the ground.

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11428 CONGRESSIONAL RECORD — SENATE September 11, 2007 (5) As recently as August 16, a passenger ment intended to be proposed by him sure that every participating commercial jet on the runway at Los Angeles Inter- to the bill H.R. 3074, making appropria- motor vehicle complies with all applicable national Airport came within just 37 feet of tions for the Departments of Transpor- safety standards established for United another aircraft. tation, and Housing and Urban Devel- States commercial motor vehicles. (6) In addition to safety, dependability is (b) The Secretary of Transportation shall vital to American commerce. opment, and related agencies for the conduct an on-site preauthorization safety (7) More than 909,000 flights were delayed fiscal year ending September 30, 2008, audit of every motor carrier domiciled in between January and June 2007, twice the and for other purposes; as follows: Mexico that participates in the demonstra- number of flights that were delayed in 2002. On page 95, line 25, strike the period and tion program to ensure compliance with all (8) United States airlines canceled more insert the following: ‘‘: Provided further, applicable safety standards established for than 30,000 flights in the summer of 2007, That, from amounts appropriated or other- motor carriers domiciled in the United nearly twice as many as were canceled in the wise made available under this heading, States. summer of 2006. $25,000,000 shall be made available to pro- (c) The Secretary of Transportation shall (9) The Federal Aviation Administration mote broader participation in homeowner- verify, at the point of entry, the safety com- recorded 159,000 delays from June through ship through the American Dream Downpay- pliance of every motor vehicle and motor ve- August 27, up 19 percent over the same period ment Initiative, as such initiative is set hicle operator that enters the United States last year. forth under section 271 of the Cranston-Gon- through the demonstration program to en- (10) The Federal Aviation Administration zalez National Affordable Housing Act (42 sure that every motor vehicle and motor ve- predicts 1,000,000,000 passengers a year will U.S.C. 12821).’’. hicle operator meets all applicable safety take to the skies by 2015, a 36 percent in- standards established for United States com- crease from the current level. SA 2840. Mr. VITTER submitted an mercial motor vehicles and motor vehicle (11) The initial implementation date for amendment intended to be proposed by operators. the next generation technology was sched- him to the bill H.R. 3074, making ap- (d)(1) Not later than 120 days after the commencement of the demonstration pro- uled to be 2014, but the Federal Aviation Ad- propriations for the Departments of ministration has delayed that date to 2025. gram, the Inspector General of the Depart- (12) The Subcommittee on Transportation Transportation, and Housing and ment of Transportation shall submit a cer- and Housing and Urban Development, and Urban Development, and related agen- tification to Congress that the Secretary of Related Agencies of the Committee on Ap- cies for the fiscal year ending Sep- Transportation is in compliance with this propriations of the Senate has appropriated tember 30, 2008, and for other purposes; section. funds for the modernization of the air traffic which was ordered to lie on the table; (2) No funds made available under this Act control system in this Act. as follows: may be used for the demonstration program (b) SENSE OF THE SENATE.—It is the sense if the Inspector General fails to submit the of the Senate that the Federal Aviation Ad- On page 70, between lines 20 and 21, insert certification required under paragraph (1). ministration should fully utilize the funds the following: (e)(1) Not later than 60 days before imple- appropriated to expedite the implementation SEC. 1ll. Of the amounts made available menting a cross-border motor carrier inspec- of the next generation technology needed to under the heading ‘‘CAPITAL AND DEBT SERV- tion program based on the demonstration modernize the equipment used by the Fed- ICE GRANTS TO THE NATIONAL RAILROAD PAS- program, the Secretary of Transportation eral Aviation Administration and to triple SENGER CORPORATION’’, not less than shall submit written notification that de- the system capacity of the national airspace $3,000,000 shall be made available for the scribes the Secretary’s intention to imple- reducing delays and enhancing safety. Greater Ouachita Port and Intermodal Facil- ment the inspection program to— ity, Louisiana. (A) the Committee on Appropriations of SA 2837. Ms. SNOWE (for herself and the Senate; Mr. CARPER) submitted an amendment SA 2841. Mr. KENNEDY (for himself (B) the Committee on Commerce, Science, intended to be proposed by her to the and Mr. KERRY) submitted an amend- and Transportation of the Senate; bill H.R. 3074, making appropriations ment intended to be proposed by him (C) the Committee on Appropriations of for the Departments of Transportation, to the bill H.R. 3074, making appropria- the House of Representatives; and tions for the Departments of Transpor- (D) the Committee on Transportation and and Housing and Urban Development, Infrastructure of the House of Representa- and related agencies for the fiscal year tation, and Housing and Urban Devel- opment, and related agencies for the tives. ending September 30, 2008, and for (2) The Secretary may not implement the other purposes; as follows: fiscal year ending September 30, 2008, inspection program if Congress passes a law and for other purposes; which was or- On page 70, between lines 20 and 21, insert that terminates the program. the following: dered to lie on the table; as follows: (f) In this section— SEC. 1ll. In providing funding for high- On page 147, between lines 8 and 9, insert (1) the term ‘‘commercial zones’’ means way projects, the Secretary of Transpor- the following: the commercial zones along the inter- tation shall consider the use of recycled ag- SEC. 414. The table contained in section national border between the United States gregates and other materials, including re- 1702 of the Safe, Accountable, Flexible, Effi- and Mexico; and used concrete and asphalt, in highway cient Transportation Equity Act: A Legacy (2) the term ‘‘demonstration program’’ projects, to the maximum extent practicable for Users (119 Stat. 1256) is amended— means the cross-border motor carrier dem- and whenever economically feasible. (1) in item number 451— onstration program that authorizes motor (A) by striking ‘‘Design and Construction carriers domiciled in Mexico to operate be- SA 2838. Mr. SPECTER (for himself of parking areas’’ and inserting ‘‘for an en- yond the commercial zones along the inter- and Mr. CASEY) submitted an amend- ergy efficient visitors center, design and con- national border between the United States ment intended to be proposed by him struction of parking areas, and repair and re- and Mexico. to the bill H.R. 3074, making appropria- grade of White Pond Road’’; and (g) Of the amounts appropriated for the Of- tions for the Departments of Transpor- (B) by striking ‘‘$420,000’’ and inserting fice of the Secretary under this title, suffi- ‘‘$1,720,000’’; and cient funds shall be made available to the tation, and Housing and Urban Devel- (2) in item number 2886, by striking Secretary of Transportation to carry out opment, and related agencies for the ‘‘$1,500,000’’ and inserting ‘‘$200,000’’. this section. fiscal year ending September 30, 2008, and for other purposes; which was or- SA 2842. Mr. CORNYN submitted an SA 2843. Mr. COBURN submitted an dered to lie on the table; as follows: amendment intended to be proposed by amendment intended to be proposed by On page 70, between lines 20 and 21, insert him to the bill H.R. 3074, making ap- him to the bill H.R. 3074, making ap- the following: propriations for the Departments of propriations for the Departments of SEC. 1ll. The table contained in section Transportation, and Housing and Transportation, and Housing and 1103(b) of the Intermodal Surface Transpor- Urban Development, and related agen- Urban Development, and related agen- tation Efficiency Act of 1991 (105 Stat. 2027) cies for the fiscal year ending Sep- is amended in item number 3 by inserting ‘‘, cies for the fiscal year ending Sep- upgrade of Freedom Crider Road in Beaver tember 30, 2008, and for other purposes; tember 30, 2008, and for other purposes; County, Pennsylvania, and redesignation of as follows: which was ordered to lie on the table; Route 60 as Interstate 376 in Beaver County, On page 70, between lines 20 and 21, insert as follows: Pennsylvania’’ after ‘‘Construction of Ali- the following: At the appropriate place, insert the fol- quippa Ambridge Bridge of Beaver County, SEC. 194. (a) Not less frequently than once lowing: Pennsylvania’’. every 3 months, the Secretary of Transpor- SEC. 194. (a) Except as provided under sub- tation shall inspect every commercial motor section (b), none of the funds appropriated or SA 2839. Mr. MARTINEZ (for himself vehicle authorized to enter the United States otherwise made available under this title and Mr. ALLARD) submitted an amend- through the demonstration program to en- may be used for any earmark until all

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bridges in the United States that are classi- ‘‘(1) APPLICABILITY OF ICAO STANDARD.—A the person has a first-class medical certifi- fied under the Federal Highway Administra- pilot who has attained 60 years of age may cate. Such a certificate shall expire on the tion’s bridge inspection program, as of the serve as pilot-in-command in covered oper- last day of the 6-month period following the date of the enactment of this Act, as ‘‘struc- ations between the United States and an- date of examination shown on the certifi- turally deficient’’ or ‘‘functionally obsolete’’ other country only if there is another pilot cate. have been sufficiently repaired to no longer in the flight deck crew who has not yet at- ‘‘(h) SAFETY.— meet the criteria for such classifications. tained 60 years of age. ‘‘(1) TRAINING.—Each air carrier engaged in (b) Funds appropriated under this title ‘‘(2) SUNSET OF LIMITATION.—Paragraph (1) covered operations shall continue to use may be used for an earmark that is des- shall cease to be effective on such date as the pilot training and qualification programs ap- ignated to repair— Convention on International Civil Aviation proved by the Federal Aviation Administra- (1) a bridge that is classified as ‘‘struc- provides that a pilot who has attained 60 tion, with specific emphasis on initial and turally deficient’’ or ‘‘functionally obso- years of age may serve as pilot-in-command recurrent training and qualification of pilots lete’’; or in international commercial operations who have attained 60 years of age, to ensure (2) a road with ride quality that is not clas- without regard to whether there is another continued acceptable levels of pilot skill and sified as ‘‘good’’ or ‘‘acceptable’’. pilot in the flight deck crew who has not at- judgment. (c) In this section, the term ‘‘earmark’’— tained age 60. ‘‘(2) LINE EVALUATIONS.—Not later than 6 (1) means a provision or report language ‘‘(d) SUNSET OF AGE-60 RETIREMENT RULE.— months after the date of enactment of the providing, authorizing, or recommending a On and after the date of enactment of the Transportation, Housing and Urban Develop- specific amount of discretionary budget au- Transportation, Housing and Urban Develop- ment, and Related Agencies Appropriations thority, credit authority, or other spending ment, and Related Agencies Appropriations Act, 2008, and every 6 months thereafter, an authority for a contract, loan, loan guar- Act, 2008, section 121.383(c) of title 14, Code of air carrier engaged in covered operations antee, grant, loan authority, or other ex- Federal Regulations, shall cease to be effec- shall evaluate the performance of each pilot penditure with or to an entity, or targeted to tive. of the air carrier who has attained 60 years a specific State, locality or Congressional ‘‘(e) APPLICABILITY.— of age through a line check of such pilot. district, other than through a statutory or ‘‘(1) NONRETROACTIVITY.—No person who Notwithstanding the preceding sentence, an administrative formula-driven or competi- has attained 60 years of age before the date air carrier shall not be required to conduct tive award process; and of enactment of the Transportation, Housing for a 6-month period a line check under this (2) does not include any provision that pro- and Urban Development, and Related Agen- paragraph of a pilot serving as second-in- vides funding for a specific mass transit cies Appropriations Act, 2008 may serve as a command if the pilot has undergone a regu- project. pilot for an air carrier engaged in covered larly scheduled simulator evaluation during operations unless— that period. SA 2844. Mr. DEMINT submitted an ‘‘(A) such person is in the employment of ‘‘(3) GAO REPORT.—Not later than 24 amendment intended to be proposed by that air carrier in such operations on such months after the date of enactment of the him to the bill H.R. 3074, making ap- date of enactment as a required flight deck Transportation, Housing and Urban Develop- propriations for the Departments of crew member; or ment, and Related Agencies Appropriations Transportation, and Housing and ‘‘(B) such person is newly hired by an air Act, 2008, the Comptroller General shall sub- carrier as a pilot on or after such date of en- mit to the Committee on Transportation and Urban Development, and related agen- actment without credit for prior seniority or cies for the fiscal year ending Sep- Infrastructure of the House of Representa- prior longevity for benefits or other terms tives and the Committee on Commerce, tember 30, 2008, and for other purposes; related to length of service prior to the date Science, and Transportation of the Senate a which was ordered to lie on the table; of rehire under any labor agreement or em- report concerning the effect, if any, on avia- as follows: ployment policies of the air carrier. tion safety of the modification to pilot age At the appropriate place, insert the fol- ‘‘(2) PROTECTION FOR COMPLIANCE.—An ac- standards made by subsection (a).’’. lowing: tion taken in conformance with this section, (b) CLERICAL AMENDMENT.—The chapter SEC. ll. NONAPPLICATION OF PROVISIONS. taken in conformance with a regulation analysis for chapter 447 of title 49, United None of the funds made available by this issued to carry out this section, or taken States Code, is amended by adding at the end Act may be used to implement the provi- prior to the date of enactment of the Trans- the following: sions, or make payments subject to the pro- portation, Housing and Urban Development, ‘‘44729. Age standards for pilots’’. visions, of subchapter IV of part A of chapter and Related Agencies Appropriations Act, 31 of title 40, United States Code, with re- 2008 in conformance with section 121.383(c) of SA 2846. Mr. DORGAN submitted an spect to a contract for the construction or title 14, Code of Federal Regulations (as in amendment intended to be proposed by maintenance of any bridge which, as of the effect before such date of enactment), may him to the bill H.R. 3074, making ap- date of enactment of this Act, is classified not serve as a basis for liability or relief in propriations for the Departments of under the Federal Highway Administration’s a proceeding, brought under any employ- Transportation, and Housing and ment law or regulation, before any court or bridge inspection program as ‘‘structurally Urban Development, and related agen- deficient’’ or ‘‘functionally obsolete’’. agency of the United States or of any State or locality. cies for the fiscal year ending Sep- SA 2845. Mr. STEVENS (for himself, ‘‘(f) AMENDMENTS TO LABOR AGREEMENTS tember 30, 2008, and for other purposes; AND BENEFIT PLANS.—Any amendment to a Mr. INOUYE, and Mr. INHOFE) submitted as follows: labor agreement or benefit plan of an air car- On page 137, between lines 17 and 18, insert an amendment intended to be proposed rier that is required to conform with the re- by him to the bill H.R. 3074, making ap- the following: quirements of this section or a regulation SEC. 232. Not later than 90 days after the propriations for the Departments of issued to carry out this section, and is appli- date of enactment of this Act, the Secretary Transportation, and Housing and cable to pilots represented for collective bar- of Housing and Urban Development shall— Urban Development, and related agen- gaining, shall be made by agreement of the (1) develop a formal, structured, and writ- cies for the fiscal year ending Sep- air carrier and the designated bargaining ten plan that the Department of Housing and representative of the pilots of the air carrier. Urban Development shall use when moni- tember 30, 2008, and for other purposes; ‘‘(g) MEDICAL STANDARDS AND RECORDS.— as follows: toring for compliance with the specific relo- ‘‘(1) MEDICAL EXAMINATIONS AND STAND- cation restrictions in— On page 16, beginning with line 8, strike ARDS.—Except as provided by paragraph (2), (A) the Community Development Block through line 2 on page 18, and insert the fol- a person serving as a pilot for an air carrier Grant entitlement program; and lowing: engaged in covered operations shall not be (B) the Community Development Block SEC. 115. MULTICREW COVERED OPERATIONS subject to different medical standards, or Grant State program that receives economic SERVICE BY OLDER PILOTS. different, greater, or more frequent medical development funds from the Department of (a) IN GENERAL.—Chapter 447 of title 49, examinations, on account of age unless the Housing and Urban Development; and United States Code, is amended by adding at Secretary determines (based on data re- (2) submit such plan to the Committee on the end thereof the following: ceived or studies published after the date of Appropriations of both the Senate and the ‘‘§ 44729. Age standards for pilots enactment of the Transportation, Housing House of Representatives. ‘‘(a) IN GENERAL.—Subject to the limita- and Urban Development, and Related Agen- tion in subsection (c), a pilot may serve in cies Appropriations Act, 2008) that different SA 2847. Mr. DORGAN submitted an multicrew covered operations until attaining medical standards, or different, greater, or amendment intended to be proposed by 65 years of age. more frequent medical examinations, are him to the bill H.R. 3074, making ap- needed to ensure an adequate level of safety ‘‘(b) COVERED OPERATIONS DEFINED.—In propriations for the Departments of this section, the term ‘covered operations’ in flight. means operations under part 121 of title 14, ‘‘(2) DURATION OF FIRST-CLASS MEDICAL CER- Transportation, and Housing and Code of Federal Regulations. TIFICATE.—No person who has attained 60 Urban Development, and related agen- ‘‘(c) LIMITATION FOR INTERNATIONAL years of age may serve as a pilot of an air cies for the fiscal year ending Sep- FLIGHTS.— carrier engaged in covered operations unless tember 30, 2008, and for other purposes;

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(a) FINDINGS.—Congress finds the as follows: following: caused by the implementation of the Air- space Redesign Project during the first 120 (1) In a recent report, the Government Ac- On page 137, between lines 17 and 18, insert days any new navigational procedures used countability Office (GAO) cited the lead the following: as a result of the Project are implemented. analysis of Bureau of Labor Statistics survey SEC. 232. (a) REQUIRED SUBMISSIONS FOR Each review shall include an opportunity for data suggesting that in the fourth quarter of FISCAL YEARS 2007 AND 2008.— (1) IN GENERAL.—Not later than 60 days public comment and provide for public meet- 2006 over 20,000 workers suffered job losses ings within 15 miles of each census tract af- occurring because of business relocations after the date of enactment of this Act, the Secretary of Housing and Urban Develop- fected by slight-to-moderate and significant within the United States, the majority of noise increases as described in FAA Order which crossed State lines. ment shall submit to the relevant author- izing committees and to the Committees on 1050.1E, the Noise Integrated Routing Sys- (2) That State and local governments could tem. be spending from $20,000,000,000 to Appropriations of the Senate and the House of Representatives for fiscal year 2007 and (c) REPORT.—The report described in this $50,000,000,000 annually on business incen- subsection means a report on the results of tives. 2008— (A) a complete and accurate accounting of each review conducted under subsection (b) (3) That States and local governments may that is submitted, not later than 30 days the actual project-based renewal costs for be using tens of billions of dollars of Federal after the last public meeting described in project-based assistance under section 8 of funds on economic development and business subsection (b), and 30 days after each review the United States Housing Act of 1937 (42 incentives. conducted thereafter, to the Committee on U.S.C. 1437f); (4) GAO identified 17 large Federal eco- Appropriations of the Senate, the Committee nomic development programs that State and (B) revised estimates of the funding needed on Commerce, Science, and Transportation local governments use to attract and retain to fully fund all 12 months of all project- of the Senate, the Committee on Appropria- jobs. based contracts under such section 8, includ- tions of the House of Representatives, and (5) Nine of these Federal economic develop- ing project-based contracts that expire in the Committee on Transportation and Infra- ment programs prohibit using program funds fiscal year 2007 and fiscal year 2008; and structure of the House of Representatives. to relocate a business if such move would (C) all sources of funding that will be used cause a loss of jobs in the original location of to fully fund all 12 months of the project- SA 2850. Mr. DURBIN (for himself, the business. based contracts for fiscal years 2007 and 2008. Mr. SPECTER, and Mr. SCHUMER) sub- (6) Unfortunately, GAO found that several (2) UPDATED INFORMATION.—At any time mitted an amendment intended to be Federal agencies, including the Department after the expiration of the 60-day period de- proposed by him to the bill H.R. 3074, of Housing and Urban Development, operate scribed in paragraph (1), the Secretary may submit corrections or updates to the infor- making appropriations for the Depart- 6 Federal economic development programs, ments of Transportation, and Housing including the Community Development mation required under paragraph (1), if upon completion of an audit of the project-based and Urban Development, and related Block Grant entitlement and State pro- agencies for the fiscal year ending Sep- grams, that contain no formal written moni- assistance program under section 8 of the toring guidance specific to the employer re- United States Housing Act of 1937 (42 U.S.C. tember 30, 2008, and for other purposes; location restriction. 1437f), such audit reveals additional informa- as follows: (7) GAO suggests that without structured tion that may provide Congress a more com- On page 4, line 6, strike ‘‘$14,115,000’’ and guidance and procedures in place to monitor plete understanding of the Secretary’s im- insert ‘‘$13,615,000’’ compliance with such restriction, Federal plementation of the project-based assistance On page 48, line 7, strike ‘‘$88,795,000’’ and agencies have limited assurance that grant program under such section 8. insert ‘‘$89,295,000’’ recipients and others are complying with the (b) REQUIRED SUBMISSIONS FOR FISCAL YEAR On page 48, line 18, strike ‘‘$4,943,589’’ and statutory and regulatory requirements, and 2009.—As part of the Department of Housing insert ‘‘$5,443,589’’. On page 56, between lines 16 and 17, insert are spending funds on allowable activities. and Urban Development’s budget request for the following: (8) GAO recommends, among other things, fiscal year 2009, the Secretary of Housing and Urban Development shall submit to the rel- SEC. 169. (a) Using not more than $500,000 of that the Secretary of Housing and Urban De- the amount made available to the Office of velopment develop and implement formal evant authorizing committees and to the Committees on Appropriations of the Senate Research, Demonstration and Innovation of and structured guidance for the Department the Federal Transit Administration under of Housing and Urban Development to follow and the House of Representatives complete and detailed information, including a this title, the Administrator of the Federal when monitoring for compliance with the Transit Administration shall conduct a nonrelocation provisions in the Community project-by-project analysis, that verifies that such budget request will fully fund all study of the public transportation agencies Development Block Grant entitlement and in the urbanized areas described in section State programs. project-based contracts under section 8 of the United States Housing Act of 1937 (42 5337(a) of title 49, United States Code (re- (9) American taxpayers ought to know that ferred to in this section as ‘‘agencies’’). their Federal tax dollars are being used by U.S.C. 1437f) in fiscal year 2009, including ex- piring project-based contracts. (b) The study conducted under subsection State and local governments appropriately (a) shall— and that relocation restrictions are being SA 2849. Mr. LAUTENBERG (for him- (1) analyze the state of repair of the agen- followed to ensure that Federal financial as- cies’ rail infrastructure, including bridges, self and Mr. MENENDEZ) submitted an sistance does not benefit one community at ties, and rail cars; the expense of another. amendment intended to be proposed by (2) calculate the amount of Federal fund- (b) DEVELOPMENT, IMPLEMENTATION, AND him to the bill H.R. 3074, making ap- ing received by the agencies during the 9- SUBMISSION OF PLAN.—Not later than 90 days propriations for the Departments of year period ending September 30, 2007, pursu- after the date of enactment of this Act, the Transportation, and Housing and ant to— Secretary of Housing and Urban Develop- Urban Development, and related agen- (A) the Intermodal Surface Transportation ment shall— cies for the fiscal year ending Sep- Efficiency Act of 1991 (Public Law 102–240); (1) develop a formal, structured, and writ- (B) the Transportation Equity Act for the ten plan that the Department of Housing and tember 30, 2008, and for other purposes; which was ordered to lie on the table; 21st Century (Public Law 105–178); and Urban Development shall use when moni- (C) the Safe, Accountable, Flexible, Effi- toring for compliance with the specific relo- as follows: cient Transportation Equity: A Legacy for cation restrictions in— On page 147, between lines 8 and 9, insert Users (Public Law 109–59); (A) the Community Development Block the following: (3) estimate the minimum amount of fund- Grant entitlement program; and SEC. 414. (a) IN GENERAL.—None of the ing necessary to bring all of the infrastruc- (B) the Community Development Block funds appropriated or otherwise made avail- ture described in paragraph (1) into a state of Grant State program that receives economic able by this Act, or previously appropriated good repair; and development funds from the Department of by Congress, may be obligated or expended (4) determine the changes to the rail mod- Housing and Urban Development; and to implement the New York/New Jersey/ ernization formula program that would be (2) submit such plan to the Committee on Philadelphia Region Airspace Redesign required to bring all of the infrastructure de- Appropriations of both the Senate and the Project, proposed in the Federal Aviation scribed in paragraph (1) into a state of good House of Representatives. Administration Record of Decision issued repair. September 5, 2007, after the date that is 120 (c) Not later than 1 year after the date of SA 2848. Mr. FEINGOLD submitted days after the date of the implementation of the enactment of this Act, the Adminis- an amendment intended to be proposed any new navigational procedures used as a trator shall submit to the Committee on Ap- by him to the bill H.R. 3074, making ap- result of the Project, unless the Adminis- propriations of the Senate and the Com- propriations for the Departments of trator of the Federal Aviation Administra- mittee on Appropriations of the House of

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11431 Representatives a report that contains the SA 2854. Ms. SNOWE submitted an other provision of law, under this heading results of the study conducted under this amendment intended to be proposed by the term ‘‘qualified shipyard’’ means a ship- section. her to the bill H.R. 3074, making appro- yard located in the United States that em- priations for the Departments of ployees no more than 1,000 employees at any SA 2851. Mr. DURBIN (for himself, ship construction or repair facility and no Transportation, and Housing and Ms. SNOWE, Mr. KOHL, Ms. COLLINS, Mr. more than 5,000 employees in the aggregate: Urban Development, and related agen- KERRY, and Mr. VOINOVICH) submitted Provided further, cies for the fiscal year ending Sep- an amendment intended to be proposed tember 30, 2008, and for other purposes; SA 2856. Mr. SPECTER submitted an by him to the bill H.R. 3074, making ap- which was ordered to lie on the table; amendment intended to be proposed by propriations for the Departments of as follows: him to the bill H.R. 3074, making ap- Transportation, and Housing and propriations for the Departments of Urban Development, and related agen- On page 137, between lines 17 and 18, insert the following: Transportation, and Housing and cies for the fiscal year ending Sep- SEC. 232. (a) Section 3(p) of the Small Busi- Urban Development, and related agen- tember 30, 2008, and for other purposes; ness Act (15 U.S.C. 632(p)) is amended— cies for the fiscal year ending Sep- which was ordered to lie on the table; (1) in paragraph (4)(D)— tember 30, 2008, and for other purposes; (A) by redesignating clauses (i), (ii), (iii), as follows: as follows: On page 137, between lines 17 and 18, insert and (iv) as subclauses (I), (II), (III), and (IV), respectively, and adjusting the margin ac- On page 44, strike lines 6 through 13 and in- the following: sert ‘‘of this Act.’’. SEC. 232. Notwithstanding any other provi- cordingly; (B) by striking ‘‘means lands’’ and insert- sion of law, a public housing agency that op- SA 2857. Mr. DODD (for himself and erates fewer than 250 units of federally sub- ing the following ‘‘means— ‘‘(i) lands’’; and Mr. SHELBY) submitted an amendment sidized public housing may elect, in lieu of intended to be proposed by him to the converting to asset management, to limit for (C) by striking the period and the end and fiscal years 2008 and 2009 the agency’s loss of inserting the following: ‘‘; and bill H.R. 3074, making appropriations public housing Operating Fund subsidy under ‘‘(ii) during the applicable period, areas ad- for the Departments of Transportation, the formula established in the final rule pub- jacent to or within a reasonable commuting and Housing and Urban Development, lished by the Department of Housing and distance of lands described in clause (i) that and related agencies for the fiscal year Urban Development on September 19, 2005, are directly economically affected by the ending September 30, 2008, and for by reducing the agency’s subsidy in each closing of a military installation, as deter- mined by the Secretary of Housing and other purposes; as follows: such year in an amount equal to 7 percent of At the appropriate place, insert the fol- the amount of Operating Fund subsidy the Urban Development.’’; and (2) by adding at the end the following: lowing: agency would have received in calendar year SEC. ll. None of the funds provided or ‘‘(8) APPLICABLE PERIOD.—The term ‘appli- 2006 under the formula in effect immediately limited under this Act may be used to issue prior to the effective date of such final rule. cable period’ means the period— ‘‘(A) beginning on the date the Secretary a final regulation under section 5309 of title 49, United States Code. SA 2852. Mr. REED submitted an of Housing and Urban Development deter- amendment intended to be proposed by mines that the relevant area is directly eco- SA 2858. Mr. BUNNING submitted an nomically affected by the closing of a mili- him to the bill H.R. 3074, making ap- tary installation; and amendment intended to be proposed by propriations for the Departments of ‘‘(B) ending on the date established by the him to the bill H.R. 3074, making ap- Transportation, and Housing and Secretary of Housing and Urban Develop- propriations for the Departments of Urban Development, and related agen- ment, which shall be not later than 5 years Transportation, and Housing and cies for the fiscal year ending Sep- after the date described in subparagraph Urban Development, and related agen- tember 30, 2008, and for other purposes; (A).’’. cies for the fiscal year ending Sep- as follows: (b) Not later than 6 months after the date tember 30, 2008, and for other purposes; of enactment of this Act, the Secretary of On page 137, between lines 17 and 18, insert Housing and Urban Development shall con- which was ordered to lie on the table; the following: duct a study of the feasibility of, and submit as follows: SEC. 232. (a) The amounts provided under to the Committee on Small Business and En- At the appropriate place, insert the fol- the subheading ‘‘Program Account’’ under trepreneurship of the Senate and the Com- lowing new section: the heading ‘‘Community Development Loan mittee on Small Business of the House of ‘‘SEC. ll. APPLICATION FOR MOVING TO WORK Guarantees’’ may be used to guarantee, or Representatives a report regarding, desig- DEMONSTRATION PROGRAM. make commitments to guarantee, notes or nating as a HUBZone (as that term is defined Upon the submission of an application for other obligations issued by any State on be- in section 3 of the Small Business Act (15 participation in the moving to work dem- half of non-entitlement communities in the U.S.C. 632)) any area that does not qualify as onstration program under section 204 of the State in accordance with the requirements of a HUBZone solely because that area is lo- Departments of Veterans Affairs and Hous- section 108 of the Housing and Community cated within a county located within a met- ing and Urban Development, and Inde- Development Act of 1974: Provided, That, any ropolitan statistical area (as defined by the pendent Agencies Appropriations Act, 1996 State receiving such a guarantee or commit- Office of Management and Budget). The re- (as contained in section 101(e) of the Omni- ment shall distribute all funds subject to port submitted under this subsection shall bus Consolidated Rescissions and Appropria- such guarantee to the units of general local include any legislative recommendations re- tions Act of 1996; 42 U.S.C. 1437f note) by the government in nonentitlement areas that re- lating to the findings of the feasibility study Covington Housing Consortium of Covington, ceived the commitment. conducted under this subsection. Kentucky, the Secretary of Housing and (b) Not later than 60 days after the date of Urban Development shall— enactment of this Act, the Secretary of SA 2855. Mr. SPECTER (for himself (1) consider such application, notwith- Housing and Urban Development shall pro- and Mr. COCHRAN) submitted an amend- standing— mulgate regulations governing the adminis- ment intended to be proposed by him (A) the limitation under subsection (b) of tration of the funds described under sub- such section on the number of public housing section (a). to the bill H.R. 3074, making appropria- agencies that may participate in such pro- tions for the Departments of Transpor- gram; or SA 2853. Mr. ALLARD (for himself tation, and Housing and Urban Devel- (B) any limitation regarding the date for and Mr. SALAZAR) submitted an amend- opment, and related agencies for the the submission of applications for participa- ment intended to be proposed by him fiscal year ending September 30, 2008, tion in such program; and and for other purposes; which was or- (2) approve or disapprove the application to the bill H.R. 3074, making appropria- based on the criteria for selection for par- tions for the Departments of Transpor- dered to lie on the table; as follows: ticipation in such program, notwithstanding tation, and Housing and Urban Devel- On page 58, strike line 9 and all that fol- the limitations referred to in paragraph (1) opment, and related agencies for the lows through ‘‘Provided,’’ on line 15, and in- of this subsection.’’ fiscal year ending September 30, 2008, sert the following: To make grants for capital improvements SA 2859. Mr. SHELBY (for himself and for other purposes; which was or- and related infrastructure improvements at dered to lie on the table; as follows: and Mr. BOND) submitted an amend- qualified shipyards that will facilitate the ment intended to be proposed by him On page 18, between lines 2 and 3, insert efficiency, cost effectiveness, and quality of the following: domestic ship construction or repair for to the bill H.R. 3074, making appropria- SEC. 116. Section 47107(q) of title 49, United commercial and Federal Government use, tions for the Departments of Transpor- States Code, is amended by striking $20,000,000, to remain available until ex- tation, and Housing and Urban Devel- ‘‘300,000’’ and inserting ‘‘250,000’’. pended: Provided, That, notwithstanding any opment, and related agencies for the

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Mr. President, I September 24, 2007, at 3 p.m. in room bus program under section 5309 of title 49, would like to announce for the infor- SD–366 of the Dirksen Senate Office United States Code, which are not otherwise mation of the Senate and the public Building. allocated under this Act or under SAFETEA- that a legislative hearing has been The purpose of the hearing is to con- LU (Public Law 109–59), not more than 10 per- sider scientific assessments of the im- cent may be expended to carry out the Urban scheduled before the Committee on En- Partnership Congestion Initiative:’’ after ergy and Natural Resources. pacts of global climate change on wild- ‘‘5309(b)(3):’’. The hearing will be held on Wednes- fire activity in the United States. day, September 12, 2007, at 10 a.m. in Because of the limited time available SA 2860. Mr. SCHUMER submitted an room SD–366 of the Dirksen Senate Of- for the hearing, witnesses may testify amendment intended to be proposed to fice Building. by invitation only. However, those amendment SA 2791 proposed by Mrs. The purposes of this hearing are to wishing to submit written testimony MURRAY to the bill H.R. 3074, making receive testimony on the status of en- for the hearing record should send two appropriations for the Departments of ergy efficient lighting technologies and copies of their testimony to the Com- Transportation, and Housing and on S. 2017, the Energy Efficient Light- mittee on Energy and Natural Re- Urban Development, and related agen- ing for a Brighter Tomorrow Act. sources, United States Senate, Wash- cies for the fiscal year ending Sep- Because of the limited time available ington, DC 20510–6150. tember 30, 2008, and for other purposes; for the hearing, witnesses may testify For further information, please con- which was ordered to lie on the table; by invitation only. However, those tact Scott Miller or Rachel Paster- as follows: wishing to submit written testimony nack. for the hearing record should send two COMMITTEE ON ENERGY AND NATURAL In lieu of the matter proposed to be in- copies of their testimony to the Com- serted, insert the following: RESOURCES mittee on Energy and Natural Re- Mr. BINGAMAN. Mr. President, I SEC. 218. (a) The Secretary of Transpor- sources, United States Senate, Wash- tation may receive and expend cash, or re- would like to announce for the infor- ceive and utilize spare parts and similar ington, DC 20510–6150, or by email to mation of the Senate and the public _ items, from non-United States Government Britni [email protected]. that a legislative hearing has been sources to repair damages to or replace For further information, please con- scheduled before the Committee on En- United States Government owned automated tact Deborah Estes or Britni Rillera. ergy and Natural Resources. track inspection cars and equipment as a re- COMMITTEE ON ENERGY AND NATURAL sult of third party liability for such dam- The hearing will be held on Tuesday, RESOURCES September 25, 2007, at 10 a.m. in room ages, and any amounts collected under this Mr. BINGAMAN. Mr. President, I subsection shall be credited directly to the SD–366 of the Dirksen Senate Office Safety and Operations account of the Fed- would like to announce for the infor- Building. mation of the Senate and the public eral Railroad Administration, and shall re- The purposes of this hearing are to that two bills have been added to a pre- main available until expended for the repair, receive testimony on S. 1756, a bill to viously announced hearing before the operation, and maintenance of automated provide supplemental ex gratia com- track inspection cars and equipment in con- Committee on Energy and Natural Re- pensation to the Republic of the Mar- nection with the automated track inspection sources, Subcommittee on Public shall Islands for impacts of the nuclear program. Lands and Forests. testing program of the United States, (b) For an additional amount of obligation The hearing will be held on Sep- and for other purposes; and to receive limitation to be distributed for the purpose tember 20, 2007, at 2:30 p.m. in room testimony on the implementation of of section 144(e) of title 23, United States SD–366 of the Dirksen Senate Office Code, $5,000,000,000: Provided, That such obli- the Compact of Free Association be- Building. gation limitation shall be used only for a tween the United States and the Mar- The two bills are S. 1143, to designate purpose eligible for obligation with funds ap- shall Islands. the Jupiter Inlet Lighthouse and the portioned under such section and shall be Because of the limited time available distributed in accordance with the formula surrounding Federal land in the State for the hearing, witnesses may testify in such section: Provided further, That in dis- of Florida as an Outstanding Natural by invitation only. However, those tributing obligation authority under this Area and as a unit of the National wishing to submit written testimony subsection, the Secretary shall ensure that Landscape System, and for other pur- for the hearing record should send two such obligation limitation shall supplement poses; and S. 2034, to amend the Oregon and not supplant each State’s planned obli- copies of their testimony to the Com- Wilderness Act of 1984 to designate the gations for such purposes. mittee on Energy and Natural Re- Copper Salmon Wilderness and to (c) Amounts made available under this sec- sources, United States Senate, Wash- amend the Wild and Scenic Rivers Act tion are designated as an emergency require- ington, DC 20510–6150, or by email to to designate segments of the North and ment pursuant to section 204 of S. Con. Res. [email protected]. 21 (110th Congress). South Forks of the Elk River in the State of Oregon as wild or scenic riv- For further information, please con- tact Allen Stayman or Britni Rillera. SA 2861. Mr. PRYOR (for himself and ers, and for other purposes. COMMITTEE ON ENERGY AND NATURAL Mrs. LINCOLN) submitted an amend- Because of the limited time available RESOURCES ment intended to be proposed by him for the hearing, witnesses may testify to the bill H.R. 3074, making appropria- by invitation only. However, those Mr. BINGAMAN. Mr. President, I tions for the Departments of Transpor- wishing to submit written testimony would like to announce for the infor- tation, and Housing and Urban Devel- for the hearing record should send it to mation of the Senate and the public opment, and related agencies for the the Committee on Energy and Natural that a hearing has been scheduled be- fiscal year ending September 30, 2008, Resources, United States Senate, fore the Committee on Energy and Nat- and for other purposes; which was or- Washington, DC 20510–6150, or by email ural Resources. _ dered to lie on the table; as follows: to rachel [email protected] The hearing will be held on Wednes- .gov. day, September 26, 2007, at 10 a.m., in At the appropriate place, insert the fol- For further information, please con- room SD–366 of the Dirksen Senate Of- lowing new section: tact David Brooks or Rachel Paster- fice Building. SEC. ll. TECHNICAL CORRECTION FOR NORTH- nack. The purpose of the hearing is to re- WEST ARKANSAS ITS. COMMITTEE ON ENERGY AND NATURAL ceive testimony on S. 1543, a bill to es- Funds provided in Division H of Public RESOURCES tablish a national geothermal initia- Law 108–447 for ‘ITS—Northwest Arkansas Regional Architecture’ and ‘Northwest Ar- Mr. BINGAMAN. Mr. President, I tive to encourage increased production kansas Regional Planning Commission—ITS would like to announce for the infor- of energy from geothermal resources Regional Architecture’ shall be available for mation of the Senate and the public by creating a program of geothermal ITS deployment in Northwest Arkansas. that an oversight hearing has been research, development, demonstration

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However, those wish- ceive testimony on the following bills: insert: ing to submit written testimony for S. 127, to amend the Great Sand Dunes That the following sums are appropriated, out the hearing record should send it to the National Park and Preserve Act of 2000 of any money in the Treasury not otherwise ap- Committee on Energy and Natural Re- to explain the purpose and provide for propriated, for the fiscal year ending September sources, United States Senate, Wash- the administration of the Baca Na- 30, 2008, and for other purposes, namely: ington, DC 20510–6150, or by email to tional Wildlife Refuge; S. 327 and H.R. TITLE I [email protected] 359, to authorize the Secretary of the DEPARTMENT OF STATE AND RELATED .gov. Interior to conduct a special resource AGENCY For further information, please con- study of sites associated with the life DEPARTMENT OF STATE tact Allyson Anderson or Rosemarie of Cesar Estrada Chavez and the farm ADMINISTRATION OF FOREIGN AFFAIRS Calabro. labor movement; S. 868, to amend the DIPLOMATIC AND CONSULAR PROGRAMS f Wild and Scenic Rivers Act to des- (INCLUDING TRANSFER OF FUNDS) ignate segments of the Taunton River AUTHORITY FOR COMMITTEES TO For necessary expenses of the Department of in the Commonwealth of Massachu- State and the Foreign Service not otherwise pro- MEET setts as a component of the National vided for, including employment, without regard COMMITTEE ON ARMED SERVICES Wild and Scenic Rivers System S. 1051, to civil service and classification laws, of per- Mrs. MURRAY. Mr. President, I ask to authorize Liberty sons on a temporary basis (not to exceed unanimous consent that the Com- Fund D.C. to establish a memorial on $700,000 of this appropriation), as authorized by mittee on Armed Services be author- section 801 of the United States Information and Federal land in the District of Colum- Educational Exchange Act of 1948; representa- ized to meet during the session of the bia at Constitution Gardens previously tion to certain international organizations in Senate on Tuesday, September 11, at 2 approved to honor free persons and which the United States participates pursuant p.m. in open session to receive testi- slaves who fought for independence, to treaties ratified pursuant to the advice and mony on the situation in Iraq and liberty, and justice for all during the consent of the Senate or specific Acts of Con- progress made by the Government of ; S. 1184 and H.R. gress; arms control, nonproliferation and disar- Iraq in meeting benchmarks. 1021; to direct the Secretary of the In- mament activities as authorized; acquisition by The PRESIDING OFFICER. Without terior to conduct a special resources exchange or purchase of passenger motor vehi- objection, it is so ordered. cles as authorized by law; and for expenses of study regarding the suitability and fea- general administration, $3,820,375,000: Provided, COMMITTEE ON FINANCE sibility of designating certain historic That of the amount made available under this Mrs. MURRAY. Mr. President, I ask buildings and areas in Taunton, Massa- heading, not to exceed $10,000,000 may be trans- unanimous consent that the Com- chusetts, as a unit of the National ferred to and merged with ‘‘Emergencies in the mittee on Finance be authorized to Park System, and for other purposes; Diplomatic and Consular Service’’, to be avail- meet during the session of the Senate S. 1247, to amend the Weir Farm Na- able only for emergency evacuations and ter- on Tuesday, September 11, 2007, at 10 tional Historic Site Establishment Act rorism rewards: Provided further, That of the of 1990 to limit the development of any funds appropriated under this heading, a.m., in room 215 of the Dirksen Senate $8,131,000 shall be available for the Office of the Office Building, to hear testimony on property acquired by the Secretary of Director of United States Foreign Assistance the ‘‘U.S.-Peru Trade Promotion the interior for the development of vis- and $1,000,000 shall not be obligated until con- Agreement.’’ itor and administrative facilities for sultations with the Congress, arising from the The PRESIDING OFFICER. Without the Weir Farm National Historic Site, report submitted pursuant to section 653(a) of objection, it is so ordered. and for other purposes; S. 1304, to the Foreign Assistance Act of 1961, have been completed: Provided further, That of the COMMITTEE ON FOREIGN RELATIONS amend the National Trails System Act amount made available under this heading, not Mrs. MURRAY. Mr. President, I ask to designate the Arizona National Sce- nic Trail; S. 1329, to extend the Acadia less than $364,905,000 shall be available only for unanimous consent that the Com- public diplomacy international information pro- mittee on Foreign Relations be author- National Park Advisory Commission, grams: Provided further, That of the funds ized to meet during the session of the to provide improved visitor services at made available under this heading, $5,000,000 Senate on Tuesday, September 11, 2007, the park, and for other purposes; H.R. shall be made available for a demonstration pro- at 9:30 a.m. to hold a hearing on Iraq. 759, to redesignate the Ellis Island Li- gram to expand access to consular services: Pro- The PRESIDING OFFICER. Without brary on the third floor of the Ellis Is- vided further, That of the funds made available objection, it is so ordered. land Immigration Museum, located on under this heading, $40,000,000 shall be made available for passport operations, facilities, and COMMITTEE ON FOREIGN RELATIONS Ellis Island in New York Harbor, as the ‘‘Bob Hope Memorial Library’’; and systems: Provided further, That the funds ap- Mrs. MURRAY. Mr. President, I ask propriated by the previous proviso shall be in H.R. 807, to direct the Secretary of the unanimous consent that the Com- addition to amounts otherwise made available mittee on Foreign Relations be author- Interior to conduct a special resource for such purposes: Provided further, That dur- ized to meet during the session of the study to determine the feasibility and ing fiscal year 2008, foreign service annuitants Senate on Tuesday, September 11, 2007, suitability of establishing a memorial may be employed, notwithstanding section at 2:15 p.m. to hold a business meeting. to the Space Shuttle Columbia in the 316.401 of title 5, Code of Federal Regulations, State of Texas and for its inclusion as pursuant to waivers under section The PRESIDING OFFICER. Without 824(g)(1)(C)(ii) of the Foreign Service Act of 1980 objection, it is so ordered. a unit of the National Park System. The PRESIDING OFFICER. Without (22 U.S.C. 4064(g)(1)(C)(ii)): Provided further, SELECT COMMITTEE ON INTELLIGENCE objection, it is so ordered. That of the funds made available under this Mrs. MURRAY. Mr. President, I ask heading in this Act and in prior Acts making f unanimous consent that the Select appropriations for the Department of State, for- Committee on Intelligence be author- DEPARTMENT OF STATE, FOREIGN eign operations, export financing and related OPERATIONS, AND RELATED programs, up to $200,000,000 may be transferred ized to meet during the session of the to, and merged with, funds appropriated under Senate on September 11, 2007, at 2:30 PROGRAMS APPROPRIATIONS the heading ‘‘Millennium Challenge Corpora- p.m. to hold a closed business meeting. ACT, 2008 tion’’, subject to section 615 of this Act: Pro- The PRESIDING OFFICER. Without On Thursday, September 6, 2007, the vided further, That of the funds appropriated objection, it is so ordered. Senate passed H.R. 2764, as amended, as under this heading, $6,000,000 shall be made SUBCOMMITTEE ON NATIONAL PARKS follows: available for the Ambassador’s Fund for Cul- tural Preservation of which $1,500,000 shall be Mrs. MURRAY. Mr. President, I ask H.R. 2764 for grants of not less than $500,000 for signifi- unanimous consent that the Sub- Resolved, That the bill from the cant historic preservation projects: Provided committee on National Parks of the House of Representatives (H.R. 2764) further, That there shall be one additional sen- Committee on Energy and Natural Re- entitled ‘‘An Act making appropria- ior permanent position at United States Em- sources be authorized to hold a hearing tions for the Department of State, for- bassy Moscow whose sole responsibilities shall

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be to monitor human rights and the implementa- EMBASSY SECURITY, CONSTRUCTION, AND agreed upon by the United States and the re- tion of Russian laws relating to nongovern- MAINTENANCE spective international organization: Provided mental organizations, communicate United For necessary expenses for carrying out the further, That none of the funds appropriated in States support for human rights defenders and Foreign Service Buildings Act of 1926 (22 U.S.C. this paragraph shall be available for a United journalists who are harassed and arrested, and 292–303), preserving, maintaining, repairing, States contribution to an international organi- support the work of civil society groups: Pro- and planning for buildings that are owned or zation for the United States share of interest vided further, That funds available under this directly leased by the Department of State, ren- costs made known to the United States Govern- heading may be made available for a United ovating, in addition to funds otherwise avail- ment by such organization for loans incurred on States Government interagency task force to ex- able, the Harry S Truman Building, and car- or after October 1, 1984, through external bor- amine, coordinate and oversee United States rying out the Diplomatic Security Construction rowings. participation in the United Nations head- Program as authorized, $792,534,000, to remain CONTRIBUTIONS FOR INTERNATIONAL quarters renovation project: Provided further, available until expended as authorized, of PEACEKEEPING ACTIVITIES That funds appropriated under this heading are which not to exceed $25,000 may be used for do- For necessary expenses to pay assessed and available, pursuant to 31 U.S.C. 1108(g), for the mestic and overseas representation as author- other expenses of international peacekeeping ac- field examination of programs and activities in ized: Provided, That none of the funds appro- tivities directed to the maintenance or restora- the United States funded from any account in priated in this paragraph shall be available for tion of international peace and security, this title. acquisition of furniture, furnishings, or genera- $1,352,000,000, of which 15 percent shall remain In addition, not to exceed $1,558,390 shall be tors for other departments and agencies. available until September 30, 2009: Provided, derived from fees collected from other executive In addition, for the costs of worldwide secu- That at least 15 days in advance of voting in the agencies for lease or use of facilities located at rity upgrades, acquisition, and construction as United Nations Security Council (or in an emer- the International Center in accordance with authorized, $649,278,000, to remain available gency as far in advance as is practicable) for section 4 of the International Center Act; in ad- until expended. any new or expanded United Nations peace- dition, as authorized by section 5 of such Act, EMERGENCIES IN THE DIPLOMATIC AND CONSULAR keeping mission, the Secretary of State shall, $490,000, to be derived from the reserve author- SERVICE with regard to any new or expanded mission, ized by that section, to be used for the purposes (INCLUDING TRANSFER OF FUNDS) notify the Committees on Appropriations and set out in that section; in addition, as author- other appropriate Committees of the Congress of For expenses necessary to enable the Sec- ized by section 810 of the United States Informa- its estimated cost and duration, the United retary of State to meet unforeseen emergencies tion and Educational Exchange Act, not to ex- States national interest that will be served, the arising in the Diplomatic and Consular Service, ceed $6,000,000, to remain available until ex- planned exit strategy, the specific measures the $9,000,000, only for emergency evacuations and pended, may be credited to this appropriation United Nations is taking to prevent United Na- terrorism rewards, to remain available until ex- from fees or other payments received from tions employees, contractor personnel, and pended, of which not to exceed $1,000,000 may be English teaching, library, motion pictures, and peacekeeping forces serving in any such mission transferred to and merged with the ‘‘Repatri- publication programs and from fees from edu- from trafficking in persons, exploiting victims of ation Loans Program Account’’, subject to the cational advising and counseling and exchange trafficking, or committing acts of illegal sexual same terms and conditions. visitor programs; and, in addition, not to exceed exploitation, and to hold accountable individ- $15,000, which shall be derived from reimburse- REPATRIATION LOANS PROGRAM ACCOUNT uals who engage in such acts while partici- ments, surcharges, and fees for use of Blair (INCLUDING TRANSFER OF FUNDS) pating in the peacekeeping mission; and a noti- House facilities. For the cost of direct loans, $678,000, as au- fication of funds pursuant to section 615 of this In addition, for the costs of worldwide secu- thorized: Provided, That such costs, including Act is submitted, and the procedures therein fol- rity protection, $909,598,000, to remain available the cost of modifying such loans, shall be as de- lowed, setting forth the source of funds that will until expended. fined in section 502 of the Congressional Budget be used to pay for the cost of the new or ex- CAPITAL INVESTMENT FUND Act of 1974. panded mission: Provided further, That funds In addition, for administrative expenses nec- shall be available for peacekeeping expenses For necessary expenses of the Capital Invest- essary to carry out the direct loan program, only after a determination by the Secretary of ment Fund, $63,743,000, to remain available $607,000, which may be transferred to and State that American manufacturers and sup- until expended, as authorized: Provided, That merged with ‘‘Diplomatic and Consular Pro- pliers are being given opportunities to provide section 135(e) of Public Law 103–236 shall not grams’’. equipment, services, and material for United Na- apply to funds available under this heading. PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN tions peacekeeping activities equal to those OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the Tai- being given to foreign manufacturers and sup- For necessary expenses of the Office of In- wan Relations Act (Public Law 96–8), pliers. spector General, $35,508,000, notwithstanding $16,351,000. INTERNATIONAL COMMISSIONS section 209(a)(1) of the Foreign Service Act of PAYMENT TO THE FOREIGN SERVICE RETIREMENT For necessary expenses, not otherwise pro- 1980 (Public Law 96–465), as it relates to post in- AND DISABILITY FUND vided for, to meet obligations of the United spections. For payment to the Foreign Service Retire- States arising under treaties, or specific Acts of EDUCATIONAL AND CULTURAL EXCHANGE ment and Disability Fund, as authorized by Congress, as follows: PROGRAMS law, $158,900,000. INTERNATIONAL BOUNDARY AND WATER For expenses of educational and cultural ex- INTERNATIONAL ORGANIZATIONS COMMISSION, UNITED STATES AND MEXICO change programs, as authorized, $509,482,000, to CONTRIBUTIONS TO INTERNATIONAL For necessary expenses for the United States remain available until expended: Provided, That Section of the International Boundary and not to exceed $5,000,000, to remain available ORGANIZATIONS For expenses, not otherwise provided for, nec- Water Commission, United States and Mexico, until expended, may be credited to this appro- and to comply with laws applicable to the priation from fees or other payments received essary to meet annual obligations of membership in international multilateral organizations, pur- United States Section, including not to exceed from or in connection with English teaching, $6,000 for representation; as follows: educational advising and counseling programs, suant to treaties ratified pursuant to the advice SALARIES AND EXPENSES and exchange visitor programs as authorized: and consent of the Senate, conventions or spe- For salaries and expenses, not otherwise pro- Provided further, That of the funds available cific Acts of Congress, $1,374,400,000, to remain vided for, $30,430,000. under this heading up to $2,000,000 may be made available until September 30, 2009: Provided, available to the Senator Paul Simon Study That the Secretary of State shall, at the time of CONSTRUCTION Abroad Foundation, subject to authorization: the submission of the President’s budget to Con- For detailed plan preparation and construc- Provided further, That if a majority of the gress under section 1105(a) of title 31, United tion of authorized projects, $88,425,000, to re- Board of Directors of such Foundation is not States Code, transmit to the Committees on Ap- main available until expended, as authorized, of confirmed by the Senate by August 1, 2008, the propriations the most recent biennial budget which, $100,000 may be made available to repair, Secretary shall provide $1,000,000 of such funds prepared by the United Nations for the oper- relocate, or replace fencing along the inter- to the Benjamin A. Gilman International Schol- ations of the United Nations: Provided further, national border between the United States and arship Program and $1,000,000 shall be provided That the Secretary of State shall notify the Mexico: Provided, That of the funds appro- to the Fulbright Program to augment existing Committees on Appropriations at least 15 days priated under this heading, up to $400,000 study abroad programs. in advance (or in an emergency, as far in ad- should be made available for the repair or re- vance as is practicable) of any United Nations placement of the Nogales Wash Flood Control REPRESENTATION ALLOWANCES action to increase funding for any United Na- Project and International Outfall Interceptor, of For representation allowances as authorized, tions program without identifying an offsetting which up to $66,000,000 shall be made available $8,175,000. decrease elsewhere in the United Nations budget only for construction in the United States of PROTECTION OF FOREIGN MISSIONS AND OFFICIALS and cause the United Nations budget for the bi- secondary wastewater treatment capability. For expenses, not otherwise provided, to en- ennium 2008–2009 to exceed the revised United AMERICAN SECTIONS, INTERNATIONAL able the Secretary of State to provide for ex- Nations budget level for the biennium 2006–2007 COMMISSIONS traordinary protective services, as authorized, of $4,173,895,900: Provided further, That any For necessary expenses, not otherwise pro- $14,000,000, to remain available until September payment of arrearages under this title shall be vided, for the International Joint Commission 30, 2009. directed toward activities that are mutually and the International Boundary Commission,

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11435 United States and Canada, as authorized by radio and television broadcasting to the Middle thorized under section 153 of the Consolidated treaties between the United States and Canada East, $662,727,000: Provided, That of the total Appropriations Act, 2004 (22 U.S.C. 276n; Public or Great Britain, and for the Border Environ- amount in this heading, not to exceed $16,000 Law 108–99; 118 Stat. 448), $150,000, to remain ment Cooperation Commission as authorized by may be used for official receptions within the available until September 30, 2009. Public Law 103–182, $11,250,000, of which not to United States as authorized, not to exceed UNITED STATES INSTITUTE OF PEACE exceed $9,000 shall be available for representa- $35,000 may be used for representation abroad as OPERATING EXPENSES tion expenses incurred by the International authorized, and not to exceed $39,000 may be For necessary expenses of the United States Joint Commission. used for official reception and representation Institute of Peace as authorized in the United INTERNATIONAL FISHERIES COMMISSIONS expenses of Radio Free Europe/Radio Liberty; States Institute of Peace Act, $25,000,000, to re- and in addition, notwithstanding any other pro- For necessary expenses for international fish- main available until September 30, 2009. eries commissions, not otherwise provided for, as vision of law, not to exceed $2,000,000 in receipts authorized by law, $27,054,000: Provided, That from advertising and revenue from business ven- GENERAL PROVISIONS—THIS TITLE the United States’ share of such expenses may tures, not to exceed $500,000 in receipts from co- ALLOWANCES AND DIFFERENTIALS be advanced to the respective commissions pur- operating international organizations, and not SEC. 101. Funds appropriated under this Act suant to 31 U.S.C. 3324: Provided further, That to exceed $1,000,000 in receipts from privatiza- shall be available, except as otherwise provided, funds appropriated under this heading shall be tion efforts of the Voice of America and the for allowances and differentials as authorized available for programs in the amounts contained International Broadcasting Bureau, to remain by subchapter 59 of title 5, United States Code; in the table included in the report accom- available until expended for carrying out au- for services as authorized by 5 U.S.C. 3109; and panying this Act and no proposal for deviation thorized purposes. for hire of passenger transportation pursuant to from those amounts shall be considered. BROADCASTING CAPITAL IMPROVEMENTS 31 U.S.C. 1343(b). OTHER For the purchase, rent, construction, and im- UNOBLIGATED BALANCES REPORT PAYMENT TO THE ASIA FOUNDATION provement of facilities for radio transmission SEC. 102. The Department of State and the and reception, and purchase and installation of For a grant to the Asia Foundation, as au- Broadcasting Board of Governors shall provide necessary equipment for radio and television thorized by the Asia Foundation Act (22 U.S.C. to the Committees on Appropriations a quarterly transmission and reception as authorized, 4402), $16,000,000, to remain available until ex- accounting of the cumulative balances of any $10,748,000, to remain available until expended, pended, as authorized. unobligated funds that were received by such as authorized. agency during any previous fiscal year. CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND COMMISSION FOR THE PRESERVATION OF EMBASSY CONSTRUCTION For necessary expenses of the Center for Mid- AMERICA’S HERITAGE ABROAD SEC. 103. (a) Except as provided in subsection dle Eastern-Western Dialogue Trust Fund, the SALARIES AND EXPENSES (b), a project to construct a diplomatic facility total amount of the interest and earnings accru- For necessary expenses for the Commission for of the United States may not include office ing to such Fund on or before September 30, the Preservation of America’s Heritage Abroad, space or other accommodations for an employee 2008, to remain available until expended. $499,000, as authorized by section 1303 of Public of a Federal agency or department if the Sec- EISENHOWER EXCHANGE FELLOWSHIP PROGRAM Law 99–83. retary of State determines that such department or agency has not provided to the Department of For necessary expenses of Eisenhower Ex- COMMISSION ON INTERNATIONAL RELIGIOUS State the full amount of funding required by change Fellowships, Incorporated, as author- FREEDOM subsection (e) of section 604 of the Secure Em- ized by sections 4 and 5 of the Eisenhower Ex- SALARIES AND EXPENSES change Fellowship Act of 1990 (20 U.S.C. 5204– bassy Construction and Counterterrorism Act of For necessary expenses for the United States 1999 (as enacted into law by section 1000(a)(7) of 5205), all interest and earnings accruing to the Commission on International Religious Freedom, Eisenhower Exchange Fellowship Program Public Law 106–113 and contained in appendix as authorized by title II of the International Re- G of that Act; 113 Stat. 1501A–453), as amended Trust Fund on or before September 30, 2008, to ligious Freedom Act of 1998 (Public Law 105– remain available until expended: Provided, That by section 629 of the Departments of Commerce, 292), $3,000,000, to remain available until Sep- Justice, and State, the Judiciary, and Related none of the funds appropriated herein shall be tember 30, 2009. used to pay any salary or other compensation, Agencies Appropriations Act, 2005. COMMISSION ON SECURITY AND COOPERATION IN (b) Notwithstanding the prohibition in sub- or to enter into any contract providing for the EUROPE section (a), a project to construct a diplomatic payment thereof, in excess of the rate author- facility of the United States may include office ized by 5 U.S.C. 5376; or for purposes which are SALARIES AND EXPENSES space or other accommodations for members of not in accordance with OMB Circulars A–110 For necessary expenses of the Commission on the Marine Corps. (Uniform Administrative Requirements) and A– Security and Cooperation in Europe, as author- 122 (Cost Principles for Non-profit Organiza- ized by Public Law 94–304, $2,037,000, to remain PEACEKEEPING MISSIONS tions), including the restrictions on compensa- available until September 30, 2009. SEC. 104. None of the funds made available tion for personal services. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE under title I of this Act may be used for any United Nations undertaking when it is made ISRAELI ARAB SCHOLARSHIP PROGRAM PEOPLE’S REPUBLIC OF CHINA known to the Federal official having authority SALARIES AND EXPENSES For necessary expenses of the Israeli Arab to obligate or expend such funds that: (1) the For necessary expenses of the Congressional- Scholarship Program as authorized by section United Nations undertaking is a peacekeeping Executive Commission on the People’s Republic 214 of the Foreign Relations Authorization Act, mission; (2) such undertaking will involve of China, as authorized, $2,000,000, including Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all United States Armed Forces under the command not more than $3,000 for the purpose of official interest and earnings accruing to the Israeli or operational control of a foreign national; and representation, to remain available until Sep- Arab Scholarship Fund on or before September (3) the President’s military advisors have not tember 30, 2009. 30, 2008, to remain available until expended. submitted to the President a recommendation EAST-WEST CENTER UNITED STATES-CHINA ECONOMIC AND SECURITY that such involvement is in the national secu- To enable the Secretary of State to provide for REVIEW COMMISSION rity interests of the United States and the Presi- carrying out the provisions of the Center for SALARIES AND EXPENSES dent has not submitted to the Congress such a Cultural and Technical Interchange Between For necessary expenses of the United States- recommendation. East and West Act of 1960, by grant to the Cen- China Economic and Security Review Commis- DENIAL OF VISAS ter for Cultural and Technical Interchange Be- sion, $2,962,000, including not more than $3,000 SEC. 105. (a) None of the funds appropriated tween East and West in the State of Hawaii, for the purpose of official representation, to re- or otherwise made available under this Act shall $20,000,000: Provided, That none of the funds main available until September 30, 2008: Pro- be expended for any purpose for which appro- appropriated herein shall be used to pay any vided, That funds appropriated under this priations are prohibited by section 616 of the De- salary, or enter into any contract providing for heading shall only be available for obligation in partments of Commerce, Justice, and State, the the payment thereof, in excess of the rate au- accordance with a spending plan submitted to Judiciary, and Related Agencies Appropriations thorized by 5 U.S.C. 5376. the Committees on Appropriations which effec- Act, 1999. RELATED AGENCIES tively addresses the recommendations of the (b) The requirements in subsections (b) and (c) BROADCASTING BOARD OF GOVERNORS Government Accountability Office’s audit of the of section 616 of that Act shall continue to apply Commission: Provided further, That the Com- INTERNATIONAL BROADCASTING OPERATIONS during fiscal year 2008. mission shall provide to the Committees on Ap- For expenses necessary to enable the Broad- UNITED STATES CITIZENS BORN IN JERUSALEM propriations a quarterly accounting of the cu- casting Board of Governors, as authorized, to SEC. 106. For the purposes of registration of mulative balances of any unobligated funds that carry out international communication activi- birth, certification of nationality, or issuance of were received by the Commission during any ties, including the purchase, rent, construction, a passport of a United States citizen born in the previous fiscal year. and improvement of facilities for radio and tele- city of Jerusalem, the Secretary of State shall, vision transmission and reception and purchase, UNITED STATES SENATE-CHINA upon request of the citizen, record the place of lease, and installation and operation of nec- INTERPARLIAMENTARY GROUP birth as Israel. essary equipment, including aircraft, for radio SALARIES AND EXPENSES STATE DEPARTMENT AUTHORITIES and television transmission and reception to For necessary expenses of the United States SEC. 107. Funds appropriated under this Act Cuba, and to make and supervise grants for Senate-China Interparliamentary Group, as au- for the Broadcasting Board of Governors and

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11436 CONGRESSIONAL RECORD — SENATE September 11, 2007 the Department of State may be obligated and Public Law 106–398 is amended by striking sub- missioner of the International Boundary and expended notwithstanding section 15 of the paragraph (G) and inserting the following: Water Commission, in cooperation and coordi- State Department Basic Authorities Act of 1956, ‘‘(G) a member of the Commission may not be nation with the Secretary of Homeland Security section 313 of the Foreign Relations Authoriza- reappointed for an additional term of service if and the Chief of Engineers of the United States tion Act, Fiscal Years 1994 and 1995 (Public Law that member has twice been appointed to the Army Corps of Engineers, shall submit to Con- 103–236), and section 504(a)(1) of the National Commission; and’’. gress a report regarding the use by U.S. Customs Security Act of 1947 (50 U.S.C. 414(a)(1)). (b) REQUIREMENT FOR PERFORMANCE RE- and Border Protection of flood control levees RESTRICTION ON CONTRIBUTIONS TO THE UNITED VIEWS.—The United States-China Economic and under the control of the International Bound- NATIONS Security Review Commission shall comply with ary and Water Commission, which shall— SEC. 108. None of the funds appropriated or chapter 43 of title 5, United States Code, regard- (1) discuss the purpose and importance of— otherwise made available under any title of this ing the establishment and regular review of em- (A) any such use of such levees ongoing on Act may be made available to make any assessed ployee performance appraisals. the date of enactment of this Act; and (c) LIMITATION ON CASH AWARDS.—The United contribution or voluntary payment of the (B) any anticipated such use of such levees States-China Economic and Security Review United States to the United Nations if the after the date of enactment of this Act; Commission shall comply with section 4505a of United Nations implements or imposes any tax- (2) describe the frequency and means of, and title 5, United States Code, with respect to limi- ation on any United States persons. approximate number of officers and employees tations on payment of performance-based cash PERSONNEL ACTIONS of the U.S. Customs and Border Protection who, awards. SEC. 109. Any costs incurred by a department access such levees; (d) ANNUAL FINANCIAL AUDIT.—The Commis- (3) describe the level of degradation of such or agency funded under this Act resulting from sion shall provide to Congress an annual com- personnel actions taken in response to funding levees as a result of such use; and prehensive independent financial audit of all (4) identify any formal agreements that may reductions included in this Act shall be absorbed obligations and expenditures, not later than be needed between the Department of Homeland within the total budgetary resources available to June 30 each year hereafter. Security and the International Boundary and such department or agency: Provided, That the COMMISSION ON SECURITY AND COOPERATION IN Water Commission or the Department of State to authority to transfer funds between appropria- EUROPE ensure needed access to such levees. tions accounts as may be necessary to carry out SEC. 116. (a) The amount appropriated or oth- DEPARTMENT OF STATE INSPECTOR GENERAL this section is provided in addition to authori- erwise made available by this title under the ties included elsewhere in this Act: Provided heading ‘‘COMMISSION ON SECURITY AND CO- SEC. 119. (a) LINK TO OFFICE OF INSPECTOR further, That use of funds to carry out this sec- OPERATION IN EUROPE’’ is hereby increased by GENERAL FROM HOMEPAGE OF DEPARTMENT OF tion shall be treated as a reprogramming of $333,000. STATE.—Not later than 30 days after the date of funds under section 615 of title VI of this Act (b) The amount appropriated or otherwise the enactment of this Act, the Secretary of State and shall not be available for obligation or ex- made available by this title for the Department shall establish and maintain on the homepage of penditure except in compliance with the proce- of State under the heading ‘‘DIPLOMATIC AND the Internet website of the Department of State dures set forth in that section. CONSULAR PROGRAMS’’ is hereby reduced by a direct link to the Internet website of the Office RESTRICTIONS ON UNITED NATIONS DELEGATIONS $333,000. of Inspector General of the Department of State. SEC. 110. None of the funds made available in COOPERATION WITH THE GOVERNMENT OF MEXICO (b) ANONYMOUS REPORTING OF WASTE, FRAUD, this Act may be used to pay expenses for any SEC. 117. (a) COOPERATION REGARDING BOR- OR ABUSE.—Not later than 30 days after the United States delegation to any specialized DER SECURITY.—The Secretary of State, in co- date of the enactment of this Act, the Inspector agency, body, or commission of the United Na- operation with the Secretary of Homeland Secu- General of the Department of State shall estab- tions if such commission is chaired or presided rity and representatives of Federal, State, and lish and maintain on the homepage of the Inter- over by a country, the government of which the local law enforcement agencies that are involved net website of the Office of Inspector General a Secretary of State has determined, for purposes in border security and immigration enforcement mechanism by which individuals can anony- of section 6(j)(1) of the Export Administration efforts, should work with the appropriate offi- mously report cases of waste, fraud, or abuse Act of 1979 (50 U.S.C. App. 2405(j)(1)), has pro- cials from the Government of Mexico to improve with respect to the Department of State. vided support for acts of international terrorism. coordination between the United States and CONSULAR OPERATIONS PALESTINIAN BROADCASTING CORPORATION Mexico regarding— SEC. 120. (a) The Secretary of State shall es- SEC. 111. None of the funds appropriated or (1) improved border security along the inter- tablish visa processing facilities in Iraq within otherwise made available in this Act may be national border between the United States and 180 days of enactment of this Act in which used to provide equipment, technical support, Mexico; aliens may apply and interview for admission to consulting services, or any other form of assist- (2) the reduction of human trafficking and the United States. ance to the Palestinian Broadcasting Corpora- smuggling between the United States and Mex- (b) The Secretary of State shall report to the tion. ico; Congress no later than 30 days after enactment (3) the reduction of drug trafficking and ATTENDANCE AT INTERNATIONAL CONFERENCES of this Act on funding and security require- smuggling between the United States and Mex- SEC. 112. None of the funds made available in ments for consular operations in Iraq in fiscal ico; year 2008. this Act may be used to send or otherwise pay (4) the reduction of gang membership in the REFERENCES for the attendance of more than 50 employees of United States and Mexico; agencies or departments of the United States (5) the reduction of violence against women in SEC. 121. Except as otherwise provided in this Government who are stationed in the United the United States and Mexico; and title, any reference in this title to ‘‘this Act’’ States, at any single international conference (6) the reduction of other violence and crimi- shall be deemed to be a reference only to title I. occurring outside the United States, unless the nal activity. TITLE II Secretary of State determines that such attend- (b) COOPERATION REGARDING EDUCATION ON EXPORT AND INVESTMENT ASSISTANCE ance is in the national interest: Provided, That IMMIGRATION LAWS.—The Secretary of State, in EXPORT-IMPORT BANK OF THE UNITED STATES for purposes of this section the term ‘‘inter- cooperation with other appropriate Federal offi- national conference’’ shall mean a conference cials, should work with the appropriate officials INSPECTOR GENERAL attended by representatives of the United States from the Government of Mexico to carry out ac- For necessary expenses of the Office of In- Government and representatives of foreign gov- tivities to educate citizens and nationals of Mex- spector General in carrying out the provisions of ernments, international organizations, or non- ico regarding eligibility for status as a non- the Inspector General Act of 1978, as amended, governmental organizations. immigrant under Federal law to ensure that the $1,000,000, to remain available until September PEACEKEEPING ASSESSMENT citizens and nationals are not exploited while 30, 2009. SEC. 113. Section 404(b)(2)(B) of the Foreign working in the United States. LOANS PROGRAM ACCOUNT Relations Authorization Act, Fiscal Years 1994 (c) COOPERATION REGARDING CIRCULAR MI- The Export-Import Bank of the United States and 1995, as amended (22 U.S.C. 287e note) is GRATION.—The Secretary of State, in coopera- is authorized to make such expenditures within further amended at the end by adding the fol- tion with the Secretary of Labor and other ap- the limits of funds and borrowing authority lowing: propriate Federal officials, should work with available to such corporation, and in accord- ‘‘(v) For assessments made during calendar the appropriate officials from the Government of ance with law, and to make such contracts and year 2008, 27.1 percent.’’ Mexico to improve coordination between the commitments without regard to fiscal year limi- ALHURRA BROADCASTING United States and Mexico on the development of tations, as provided by section 104 of the Gov- SEC. 114. Funds appropriated by this Act, and economic opportunities and providing job train- ernment Corporation Control Act, as may be any subsequent emergency supplemental appro- ing for citizens and nationals in Mexico. necessary in carrying out the program for the priations Act for fiscal year 2008, may be made (d) ANNUAL REPORT.—Not later than 180 days current fiscal year for such corporation: Pro- available for the programs and activities of after the date of the enactment of this Act, the vided, That none of the funds available during Alhurra only if the Secretary of State certifies Secretary of State shall submit a report to the the current fiscal year may be used to make ex- and reports to the Committees on Appropriations Committees on Appropriations describing the ac- penditures, contracts, or commitments for the that Alhurra does not advocate on behalf of any tions taken by the United States and Mexico export of nuclear equipment, fuel, or technology organization that the Secretary knows, or has pursuant to this section. to any country, other than a nuclear-weapon reason to believe, engages in terrorist activities. REPORT REGARDING USE OF LEVEES state as defined in Article IX of the Treaty on SEC. 115. COMMISSION FINANCIAL MANAGE- SEC. 118. Not later than 90 days after the date the Non-Proliferation of Nuclear Weapons eligi- MENT. (a) TERM LIMITS.—Section 1238(b)(3) of of enactment of this Act, the United States Com- ble to receive economic or military assistance

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11437 under this Act, that has detonated a nuclear ex- Provided further, That project-specific trans- appropriated under this heading, not to exceed plosive after the date of the enactment of this action costs, including direct and indirect costs $350,000, in addition to funds otherwise avail- Act: Provided further, That notwithstanding incurred in claims settlements, and other direct able for such purposes, may be used to monitor section 1(c) of Public Law 103–428, as amended, costs associated with services provided to spe- and provide oversight of child survival, mater- sections 1(a) and (b) of Public Law 103–428 shall cific investors or potential investors pursuant to nal and family planning/reproductive health, remain in effect through October 1, 2008: Pro- section 234 of the Foreign Assistance Act of 1961, and infectious disease programs: Provided fur- vided further, That 10 percent of the aggregate shall not be considered administrative expenses ther, That the following amounts should be allo- loan, guarantee, and insurance authority avail- for the purposes of this heading. cated as follows: $450,000,000 for child survival able to the Export-Import Bank under this or PROGRAM ACCOUNT and maternal health; $15,000,000 for vulnerable any prior Act should be used for renewable en- For the cost of direct and guaranteed loans, children; $724,675,000 for other infectious dis- ergy and environmentally beneficial products $21,000,000, as authorized by section 234 of the eases, including $200,000,000 for tuberculosis and services. Foreign Assistance Act of 1961, to be derived by control, of which $15,000,000 shall be used for SUBSIDY APPROPRIATION transfer from the Overseas Private Investment the Global TB Drug Facility; and $395,000,000 For the cost of direct loans, loan guarantees, Corporation Non-Credit Account: Provided, for family planning/reproductive health, includ- insurance, and tied-aid grants as authorized by That such costs, including the cost of modifying ing in areas where population growth threatens section 10 of the Export-Import Bank Act of such loans, shall be as defined in section 502 of biodiversity or endangered species: Provided fur- 1945, as amended, $68,000,000, to remain avail- the Congressional Budget Act of 1974: Provided ther, That of the funds appropriated under this able until September 30, 2011: Provided, That further, That such sums shall be available for heading, $75,000,000 should be made available for a United States contribution to The GAVI such costs, including the cost of modifying such direct loan obligations and loan guaranty com- Fund, and up to $6,000,000 may be transferred to loans, shall be as defined in section 502 of the mitments incurred or made during fiscal years and merged with funds appropriated by this Act Congressional Budget Act of 1974: Provided fur- 2008, 2009, and 2010: Provided further, That under the heading ‘‘Operating Expenses of the ther, That such sums shall remain available funds so obligated in fiscal year 2008 remain United States Agency for International Develop- until September 30, 2026, for the disbursement of available for disbursement through 2016; funds ment’’ for costs directly related to global health, direct loans, loan guarantees, insurance and obligated in fiscal year 2009 remain available for but funds made available for such costs may not tied-aid grants obligated in fiscal years 2008, disbursement through 2017; funds obligated in be derived from amounts made available for con- 2009, 2010, and 2011: Provided further, That fiscal year 2010 remain available for disburse- tribution under this and preceding provisos: none of the funds appropriated by this Act or ment through 2018: Provided further, That not- Provided further, That none of the funds made any prior Act appropriating funds for foreign withstanding any other provision of law, the available in this Act nor any unobligated bal- operations, export financing, and related pro- Overseas Private Investment Corporation is au- ances from prior appropriations may be made grams for tied-aid credits or grants may be used thorized to undertake any program authorized available to any organization or program which, for any other purpose except through the reg- by title IV of the Foreign Assistance Act of 1961 as determined by the President, supports, or ular notification procedures of the Committees in Iraq: Provided further, That funds made participates in the management of, a program of on Appropriations: Provided further, That available pursuant to the authority of the pre- coercive abortion or involuntary sterilization: funds appropriated by this paragraph are made vious proviso shall be subject to the regular no- Provided further, That none of the funds made available notwithstanding section 2(b)(2) of the tification procedures of the Committees on Ap- available under this Act may be used to pay for Export-Import Bank Act of 1945, in connection propriations. the performance of abortion as a method of fam- with the purchase or lease of any product by In addition, such sums as may be necessary ily planning or to motivate or coerce any person any Eastern European country, any Baltic for administrative expenses to carry out the to practice abortions: Provided further, That State or any agency or national thereof. credit program may be derived from amounts nothing in this paragraph shall be construed to ADMINISTRATIVE EXPENSES available for administrative expenses to carry alter any existing statutory prohibitions against For administrative expenses to carry out the out the credit and insurance programs in the abortion under section 104 of the Foreign Assist- direct and guaranteed loan and insurance pro- Overseas Private Investment Corporation Non- ance Act of 1961: Provided further, That none of grams, including hire of passenger motor vehi- credit Account and merged with said account. the funds made available under this Act may be cles and services as authorized by 5 U.S.C. 3109, FUNDS APPROPRIATED TO THE PRESIDENT used to lobby for or against abortion: Provided and not to exceed $30,000 for official reception TRADE AND DEVELOPMENT AGENCY further, That in order to reduce reliance on and representation expenses for members of the For necessary expenses to carry out the provi- abortion in developing nations, funds shall be Board of Directors, $78,000,000: Provided, That sions of section 661 of the Foreign Assistance available only for voluntary family planning the Export-Import Bank may accept, and use, Act of 1961, $50,400,000, to remain available until projects which offer, either directly or through payment or services provided by transaction September 30, 2009. referral to, or information about access to, a participants for legal, financial, or technical broad range of family planning methods and services in connection with any transaction for TITLE III services with proven effectiveness, and that any which an application for a loan, guarantee or BILATERAL ECONOMIC ASSISTANCE such voluntary family planning project shall insurance commitment has been made: Provided FUNDS APPROPRIATED TO THE PRESIDENT meet the following requirements: (1) service pro- further, That notwithstanding subsection (b) of For expenses necessary to enable the Presi- viders or referral agents in the project shall not section 117 of the Export Enhancement Act of dent to carry out the provisions of the Foreign implement or be subject to quotas, or other nu- merical targets, of total number of births, num- 1992, subsection (a) thereof shall remain in ef- Assistance Act of 1961, and for other purposes, ber of family planning acceptors, or acceptors of fect until October 1, 2008. to remain available until September 30, 2008, un- a particular method of family planning (this RECEIPTS COLLECTED less otherwise specified herein, as follows: provision shall not be construed to include the Receipts collected pursuant to the Export-Im- GLOBAL HEALTH PROGRAMS port Bank Act of 1945, as amended, and the use of quantitative estimates or indicators for (INCLUDING TRANSFER OF FUNDS) Federal Credit Reform Act of 1990, as amended, budgeting and planning purposes); (2) the in an amount not to exceed the amount appro- For necessary expenses to carry out the provi- project shall not include payment of incentives, priated herein, shall be credited as offsetting sions of chapters 1 and 10 of part I of the For- bribes, gratuities, or financial reward to: (A) an collections to this account: Provided, That the eign Assistance Act of 1961, for global health ac- individual in exchange for becoming a family sums herein appropriated from the General tivities, in addition to funds otherwise available planning acceptor; or (B) program personnel for Fund shall be reduced on a dollar-for-dollar for such purposes, $6,621,425,000, to remain achieving a numerical target or quota of total basis by such offsetting collections so as to re- available until September 30, 2009: Provided, number of births, number of family planning ac- sult in a final fiscal year appropriation from the That this amount shall be made available for ceptors, or acceptors of a particular method of General Fund estimated at $0: Provided further, such activities as: (1) child survival programs; family planning; (3) the project shall not deny That amounts collected in fiscal year 2008 in ex- (2) immunization and oral rehydration pro- any right or benefit, including the right of ac- cess of obligations, up to $50,000,000, shall be- grams; (3) other health, nutrition, water and cess to participate in any program of general come available October 1, 2008 and shall remain sanitation programs which directly address the welfare or the right of access to health care, as available until September 30, 2011. needs of mothers and children, and related edu- a consequence of any individual’s decision not cation programs; (4) assistance for children dis- to accept family planning services; (4) the OVERSEAS PRIVATE INVESTMENT CORPORATION placed or orphaned by causes other than AIDS; project shall provide family planning acceptors NONCREDIT ACCOUNT (5) programs for the prevention, treatment, con- comprehensible information on the health bene- The Overseas Private Investment Corporation trol of, and research on HIV/AIDS, tuberculosis, fits and risks of the method chosen, including is authorized to make, without regard to fiscal polio, malaria, and other infectious diseases, those conditions that might render the use of year limitations, as provided by 31 U.S.C. 9104, and for assistance to communities severely af- the method inadvisable and those adverse side such expenditures and commitments within the fected by HIV/AIDS, including children dis- effects known to be consequent to the use of the limits of funds available to it and in accordance placed or orphaned by AIDS; and (6) family method; and (5) the project shall ensure that ex- with law as may be necessary: Provided, That planning/reproductive health: Provided further, perimental contraceptive drugs and devices and the amount available for administrative ex- That none of the funds appropriated under this medical procedures are provided only in the penses to carry out the credit and insurance heading may be made available for nonproject context of a scientific study in which partici- programs (including an amount for official re- assistance, except that funds may be made pants are advised of potential risks and benefits; ception and representation expenses which shall available for such assistance for ongoing health and, not less than 60 days after the date on not exceed $35,000) shall not exceed $47,500,000: activities: Provided further, That of the funds which the Administrator of the United States

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11438 CONGRESSIONAL RECORD — SENATE September 11, 2007 Agency for International Development deter- main available until September 30, 2009: Pro- Baltic States’’: Provided, That such funds shall mines that there has been a violation of the re- vided, That of the funds appropriated under be made available only for micro and small en- quirements contained in paragraph (1), (2), (3), this heading that are made available for assist- terprise programs, urban programs, and other or (5) of this proviso, or a pattern or practice of ance programs for displaced and orphaned chil- programs which further the purposes of part I of violations of the requirements contained in dren and victims of war, not to exceed $43,000, the Act: Provided further, That such costs, in- paragraph (4) of this proviso, the Administrator in addition to funds otherwise available for cluding the cost of modifying such direct and shall submit to the Committees on Appropria- such purposes, may be used to monitor and pro- guaranteed loans, shall be as defined in section tions a report containing a description of such vide oversight of such programs: Provided fur- 502 of the Congressional Budget Act of 1974, as violation and the corrective action taken by the ther, That of the funds appropriated by this amended: Provided further, That funds made Agency: Provided further, That in awarding Act, not less than $250,000,000 shall be made available by this paragraph may be used for the grants for natural family planning under sec- available for microenterprise and microfinance cost of modifying any such guaranteed loans tion 104 of the Foreign Assistance Act of 1961 no development programs for the poor, especially under this Act or prior Acts, and funds used for applicant shall be discriminated against because women: Provided further, That of the funds ap- such costs shall be subject to the regular notifi- of such applicant’s religious or conscientious propriated under this heading, not less than cation procedures of the Committees on Appro- commitment to offer only natural family plan- $29,000,000 shall be made available for Collabo- priations: Provided further, That the provisions ning; and, additionally, all such applicants rative Research Support Programs: Provided of section 107A(d) (relating to general provisions shall comply with the requirements of the pre- further, That of the funds appropriated under applicable to the Development Credit Authority) vious proviso: Provided further, That for pur- this heading, $750,000 shall be made available to of the Foreign Assistance Act of 1961, as con- poses of this or any other Act authorizing or ap- implement 7 U.S.C. section 1736g–2(a)(2)(C) to tained in section 306 of H.R. 1486 as reported by propriating funds for foreign operations, export improve food aid product quality and nutrient the House Committee on International Relations financing, and related programs, the term ‘‘mo- delivery: Provided further, That of the funds on May 9, 1997, shall be applicable to direct tivate’’, as it relates to family planning assist- appropriated under this heading, not less than loans and loan guarantees provided under this ance, shall not be construed to prohibit the pro- $22,000,000 should be made available for the heading: Provided further, That these funds are vision, consistent with local law, of information American Schools and Hospitals Abroad pro- available to subsidize total loan principal, any or counseling about all pregnancy options: Pro- gram: Provided further, That of the funds ap- portion of which is to be guaranteed, of up to vided further, That to the maximum extent prac- propriated under this heading, $12,000,000 $700,000,000. ticable, taking into consideration cost, timely should be made available for cooperative devel- In addition, for administrative expenses to availability, and best health practices, funds opment programs within the Office of Private carry out credit programs administered by the appropriated in this Act or prior appropriations and Voluntary Cooperation: Provided further, United States Agency for International Develop- Acts that are made available for condom pro- That of the funds appropriated in this Act, not ment, $8,920,000, which may be transferred to curement should be made available only for the less than $300,000,000 shall be made available for and merged with the appropriation for Oper- procurement of condoms manufactured in the safe drinking water and sanitation supply ating Expenses of the United States Agency for United States: Provided further, That informa- projects only to implement the Senator Paul International Development: Provided, That tion provided about the use of condoms as part Simon Water for the Poor Act of 2005 (Public funds made available under this heading shall of projects or activities that are funded from Law 109–121), of which not less than remain available until September 30, 2010. amounts appropriated by this Act shall be medi- $125,000,000 should be made available for such OPERATING EXPENSES OF THE UNITED STATES cally accurate and shall include the public projects in Africa including drilling wells in AGENCY FOR INTERNATIONAL DEVELOPMENT health benefits and failure rates of such use. northern Niger, Mali and elsewhere in the Afri- (INCLUDING TRANSFER OF FUNDS) Of the funds appropriated under this heading, can Sahel region. For necessary expenses to carry out the provi- for necessary expenses to carry out the provi- INTERNATIONAL DISASTER ASSISTANCE sions of section 667 of the Foreign Assistance sions of the Foreign Assistance Act of 1961 for For necessary expenses to carry out the provi- Act of 1961, $645,700,000, of which up to the prevention, treatment, and control of, and sions of section 491 of the Foreign Assistance $25,000,000 may remain available until Sep- research on, HIV/AIDS, including for children Act of 1961 for international disaster relief, re- tember 30, 2009: Provided, That none of the displaced or orphaned by AIDS, $5,050,000,000, habilitation, and reconstruction assistance, funds appropriated under this heading and to remain available until expended, of which $322,350,000, to remain available until expended, under the heading ‘‘Capital Investment Fund’’ $550,000,000 shall be made available, notwith- of which $20,000,000 should be for famine pre- may be made available to finance the construc- standing any other provision of law, except for vention and relief. tion (including architect and engineering serv- the United States Leadership Against HIV/ TRANSITION INITIATIVES ices), purchase, or long-term lease of offices for AIDS, Tuberculosis and Malaria Act of 2003 For necessary expenses for international dis- use by the United States Agency for Inter- (Public Law 108–25) for a United States con- aster rehabilitation and reconstruction assist- national Development, unless the Administrator tribution to the Global Fund to Fight AIDS, Tu- ance pursuant to section 491 of the Foreign As- has identified such proposed construction (in- berculosis and Malaria, and shall be expended sistance Act of 1961, $50,000,000, to remain avail- cluding architect and engineering services), pur- at the minimum rate necessary to make timely able until expended, to support transition to de- chase, or long-term lease of offices in a report payment for projects and activities: Provided, mocracy and to long-term development of coun- submitted to the Committees on Appropriations That up to 5 percent of the aggregate amount of tries in crisis: Provided, That such support may at least 15 days prior to the obligation of these funds made available to the Global Fund in fis- include assistance to develop, strengthen, or funds for such purposes: Provided further, That cal year 2008 may be made available to the preserve democratic institutions and processes, the previous proviso shall not apply where the United States Agency for International Develop- revitalize basic infrastructure, and foster the total cost of construction (including architect ment for technical assistance related to the ac- peaceful resolution of conflict: Provided further, and engineering services), purchase, or long- tivities of the Global Fund: Provided further, That the United States Agency for International term lease of offices does not exceed $1,000,000: That of the funds appropriated by this para- Development shall submit a report to the Com- Provided further, That contracts or agreements graph, up to $13,000,000 may be made available, mittees on Appropriations at least 5 days prior entered into with funds appropriated under this in addition to amounts otherwise available for to beginning a new program of assistance: Pro- heading may entail commitments for the expend- such purposes, for administrative expenses of vided further, That if the President determines iture of such funds through fiscal year 2009: the Office of the Global AIDS Coordinator: Pro- that it is important to the national interests of Provided further, That any decision to open a vided further, That the Global AIDS Coordi- the United States to provide transition assist- new overseas mission or office of the United nator shall include in each country operational ance in excess of the amount appropriated States Agency for International Development or, plan for fiscal year 2008 a health workforce under this heading, up to $15,000,000 of the except where there is a substantial security risk strategy for meeting HIV/AIDS goals without re- funds appropriated by this Act to carry out the to mission personnel, to close or significantly re- ducing the capacity of the country to meet other provisions of part I of the Foreign Assistance duce the number of personnel of any such mis- health needs, particularly child survival and Act of 1961 may be used for purposes of this sion or office, shall be subject to the regular no- maternal health: Provided further, That of the heading and under the authorities applicable to tification procedures of the Committees on Ap- funds appropriated by this paragraph, not less funds appropriated under this heading: Pro- propriations: Provided further, That the author- than $45,000,000 shall be made available to sup- vided further, That funds made available pursu- ity of sections 610 and 109 of the Foreign Assist- port the development of microbicides as a means ant to the previous proviso shall be made avail- ance Act of 1961 may be exercised by the Sec- for combating HIV/AIDS, and not less than able subject to prior consultation with the Com- retary of State to transfer funds appropriated to $40,000,000 shall be made available for a United mittees on Appropriations. carry out chapter 1 of part I of such Act to ‘‘Op- States contribution to UNAIDS: Provided fur- DEVELOPMENT CREDIT AUTHORITY erating Expenses of the United States Agency ther, That funds made available under this (INCLUDING TRANSFER OF FUNDS) for International Development’’ in accordance heading shall be made available notwith- For the cost of direct loans and loan guaran- with the provisions of those sections. standing the second sentence of section 403(a) of tees provided by the United States Agency for CAPITAL INVESTMENT FUND Public Law 108–25. International Development, as authorized by For necessary expenses for overseas construc- DEVELOPMENT ASSISTANCE sections 256 and 635 of the Foreign Assistance tion and related costs, and for the procurement For necessary expenses to carry out the provi- Act of 1961, up to $21,000,000 may be derived by and enhancement of information technology sions of sections 103, 105, 106, and sections 251 transfer from funds appropriated by this Act to and related capital investments, pursuant to through 255, and chapter 10 of part I of the For- carry out part I of such Act and under the section 667 of the Foreign Assistance Act of 1961, eign Assistance Act of 1961, $1,455,000,000, to re- heading ‘‘Assistance for Eastern Europe and the $90,508,000, to remain available until expended:

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Provided, That this amount is in addition to programs in Lebanon: Provided further, That of ASSISTANCE FOR EASTERN EUROPE AND THE funds otherwise available for such purposes: the funds appropriated under this heading, not BALTIC STATES Provided further, That funds appropriated less than $5,000,000 shall be made available for (a) For necessary expenses to carry out the under this heading shall be available for obliga- the fund established by section 2108 of Public provisions of the Foreign Assistance Act of 1961 tion only pursuant to the regular notification Law 109–13: Provided further, That of the funds and the Support for East European Democracy procedures of the Committees on Appropriations: appropriated under this heading, $3,000,000 (SEED) Act of 1989, $294,568,000, to remain Provided further, That of the funds appro- shall be made available for programs to promote available until September 30, 2009, which shall priated under this heading, not to exceed democracy and human rights in North Korea: be available, notwithstanding any other provi- $75,144,500 may be made available for the pur- Provided further, That of the funds appro- sion of law, for assistance and for related pro- poses of implementing the Capital Security Cost priated under this heading for assistance for grams for Eastern Europe and the Baltic States. Sharing Program. Cambodia, $15,000,000 shall be made available to (b) Funds appropriated under this heading OPERATING EXPENSES OF THE UNITED STATES support, democracy, the rule of law, and human shall be considered to be economic assistance AGENCY FOR INTERNATIONAL DEVELOPMENT OF- rights in Cambodia, including assistance for under the Foreign Assistance Act of 1961 for FICE OF INSPECTOR GENERAL democratic political parties: Provided further, purposes of making available the administrative For necessary expenses to carry out the provi- That notwithstanding any other provision of authorities contained in that Act for the use of sions of section 667 of the Foreign Assistance law, funds appropriated under this heading economic assistance. Act of 1961, $38,000,000, to remain available until may be made available for programs and activi- (c) The provisions of section 628 of this Act September 30, 2009, which sum shall be available ties in the Central Highlands of Vietnam: Pro- shall apply to funds appropriated under this for the Office of the Inspector General of the vided further, That of the funds appropriated heading: Provided, That notwithstanding any United States Agency for International Develop- provision of this or any other Act, including ment. under this heading for the Middle East Partner- ship Initiative, not less than $5,000,000 shall be provisions in this subsection regarding the ap- OTHER BILATERAL ECONOMIC ASSISTANCE made available to rescue Iraqi scholars: Pro- plication of section 628 of this Act, local cur- ECONOMIC SUPPORT FUND vided further, That of the funds appropriated rencies generated by, or converted from, funds (INCLUDING TRANSFER OF FUNDS) under this heading that are available for assist- appropriated by this Act and by previous appro- For necessary expenses to carry out the provi- ance for the Democratic Republic of Timor- priations Acts and made available for the eco- sions of chapter 4 of part II of the Foreign As- Leste, up to $1,000,000 may be available for ad- nomic revitalization program in Bosnia may be sistance Act of 1961, $3,015,000,000, to remain ministrative expenses of the United States Agen- used in Eastern Europe and the Baltic States to available until September 30, 2009: Provided, cy for International Development in addition to carry out the provisions of the Foreign Assist- That funds appropriated under this heading amounts otherwise made available for such pur- ance Act of 1961 and the Support for East Euro- that are available for Egypt shall be provided poses: Provided further, That of the funds ap- pean Democracy (SEED) Act of 1989. with the understanding that Egypt will under- propriated under this heading, not less than ASSISTANCE FOR THE INDEPENDENT STATES OF take significant economic and democratic re- $12,000,000 shall be made available for a United THE FORMER SOVIET UNION forms which are additional to those which were States contribution to the Special Court for Si- For necessary expenses to carry out the provi- undertaken in previous fiscal years, including erra Leone, not less than $3,000,000 shall be sions of chapters 11 and 12 of part I of the For- the benchmarks accompanying the ‘‘Financial made available for a United States contribution eign Assistance Act of 1961 and the FREEDOM Sector Reform Memorandum of Understanding’’ to the Extractive Industries Transparency Ini- Support Act, for assistance for the Independent dated March 20, 2005: Provided further, That tiative Trust Fund, not less than $3,000,000 shall States of the former Soviet Union and for re- with respect to the provision of assistance for be made available to support implementation of lated programs, $401,885,000, to remain available Egypt for democracy, human rights and govern- the Kimberley Process Certification Scheme with until September 30, 2009: Provided, That the ance activities, the organizations implementing an emphasis on support for regional efforts to provisions of such chapters shall apply to funds such assistance and the specific nature of that combat cross-border smuggling and for moni- appropriated by this paragraph: Provided fur- assistance shall not be subject to the prior ap- toring by civil society groups, not less than ther, That funds made available for the South- proval by the Government of Egypt: Provided $4,000,000 should be made available for a United ern Caucasus region may be used, notwith- further, That of the funds appropriated under States contribution to the International Com- standing any other provision of law, for con- this heading that are available for assistance for mission Against Impunity in Guatemala, not fidence-building measures and other activities in Egypt, not less than $15,000,000 should be made less than $2,500,000 shall be made available for furtherance of the peaceful resolution of re- available for democracy, human rights and gov- East Asia and Pacific Environmental Initiatives, gional conflicts, especially those in the vicinity ernance programs and not less than $50,000,000 and not less than $5,000,000 shall be made avail- of Abkhazia and Nagorno-Karabagh: Provided should be used for education programs, of which able for programs to protect biodiversity in Co- further, That of the funds appropriated under not less than $10,000,000 should be made avail- lombia’s national parks and indigenous re- this heading, not less than $8,000,000 shall be able for scholarships for Egyptian students with made available for humanitarian, conflict miti- serves: Provided further, That funds appro- high financial need to attend United States ac- gation, human rights, civil society, and relief priated under this heading that are made avail- credited institutions of higher education in and recovery assistance for Chechnya, able for a Middle East Financing Facility, Mid- Egypt: Provided further, That funds appro- Ingushetia, Dagestan, and North Ossetia-Alania dle East Enterprise Fund, or any other similar priated under this heading that are available in the North Caucasus: Provided further, That entity in the Middle East shall be subject to the for assistance for Cyprus should be used only of the funds appropriated under this heading regular notification procedures of the Commit- for scholarships, administrative support of the that are available for assistance for Russia, not tees on Appropriations: Provided further, That scholarship program, bicommunal projects, and less than $500,000 shall be made available to the of the funds appropriated under this heading, measures aimed at reunification of the island United States Forest Service for forest manage- not less than $10,000,000 shall be made available and designed to reduce tensions and promote ment and wildlife conservation programs in the for labor and environmental capacity building peace and cooperation between the two commu- Russian Far East: Provided further, That not- activities relating to the free trade agreements nities on Cyprus: Provided further, That of the withstanding any other provision of law, funds funds appropriated under this heading, with the countries of Central America and the appropriated under this heading in this Act or $363,547,000 shall be made available for assist- Dominican Republic: Provided further, That of prior Acts making appropriations for foreign op- ance for Jordan: Provided further, That of the the funds appropriated under this heading, erations, export financing, and related pro- funds appropriated under this heading, $45,700,000 should be made available to promote grams, that are made available pursuant to the $75,000,000 shall be made available for assistance democracy in Cuba, and to assist the pro-democ- provisions of section 807 of Public Law 102–511 for the West Bank and Gaza, of which not to racy movement in Cuba: Provided further, That shall be subject to a 6 percent ceiling on admin- exceed $2,000,000 may be used for administrative of the funds appropriated under this heading, istrative expenses. not less than $10,000,000 should be made avail- expenses of the United States Agency for Inter- INDEPENDENT AGENCIES national Development, in addition to funds oth- able for (1) programs to locate and identify per- erwise available for such purposes, to carry out sons missing as a result of armed conflict, viola- INTER-AMERICAN FOUNDATION programs in the West Bank and Gaza: Provided tions of human rights, or natural disasters; (2) For necessary expenses to carry out the func- further, That of the funds appropriated under to assist governments in meeting their obliga- tions of the Inter-American Foundation in ac- this heading, not less than $30,000,000 shall be tions regarding missing persons; and (3) to sup- cordance with the provisions of section 401 of made available for assistance for the Philippines port investigations and prosecutions related to the Foreign Assistance Act of 1969, $22,000,000, and not less than $10,700,000 shall be made war crimes, crimes against humanity, genocide to remain available until September 30, 2009. available for assistance for Vietnam: Provided and other crimes under international law: Pro- AFRICAN DEVELOPMENT FOUNDATION further, That $45,000,000 of the funds appro- vided further, That of the funds appropriated For necessary expenses to carry out title V of priated under this heading shall be made avail- under this heading, not more than $500,000 the International Security and Development Co- able for assistance for Lebanon, of which not should be made available for the Department of operation Act of 1980, Public Law 96–533, less than $10,000,000 should be made available Energy’s National Nuclear Security Administra- $30,000,000, to remain available until September for scholarships and direct support of United tion to support initiatives which bring together 30, 2009: Provided, That funds made available to States educational institutions in Lebanon, and public officials and private individuals from na- grantees may be invested pending expenditure of which not less than $500,000 shall be made tions involved in the Six-Party Talks for infor- for project purposes when authorized by the available to the United States Forest Service for mal discussions on resolving the North Korea Board of Directors of the Foundation: Provided forest management and wildlife conservation nuclear issue. further, That interest earned shall be used only

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11440 CONGRESSIONAL RECORD — SENATE September 11, 2007 for the purposes for which the grant was made: China, Hong Kong, and Taiwan: Provided, less than $19,000,000 shall be made available for Provided further, That notwithstanding section That assistance for Taiwan should be matched training programs and activities of the Inter- 505(a)(2) of the African Development Founda- from sources other than the United States Gov- national Law Enforcement Academies: Provided tion Act, (1) in exceptional circumstances the ernment: Provided further, That $10,000,000 further, That funds appropriated under this Board of Directors of the Foundation may waive shall be made available for programs and activi- heading shall be made available for training of the $250,000 limitation contained in that section ties for the promotion of democracy in countries foreign law enforcement and judicial personnel with respect to a project and (2) a project may located outside the Middle East region with a in the prevention of violence and discrimination exceed the limitation by up to $10,000 if the in- significant Muslim population, and where such on account of sexual orientation or gender iden- crease is due solely to foreign currency fluctua- programs and activities would be important to tity: Provided further, That of the funds appro- tion: Provided further, That the Foundation United States efforts to respond to, deter, or pre- priated under this heading, not less than shall provide a report to the Committees on Ap- vent acts of international terrorism: Provided $10,500,000 should be made available for pro- propriations after each time such waiver au- further, That funds used for such purposes grams to combat trafficking in persons and mi- thority is exercised. should support new initiatives and activities in grant smuggling: Provided further, That of the PEACE CORPS those countries; and funds appropriated under this heading, not (INCLUDING TRANSFER OF FUNDS) (2) $102,000,000 for the National Endowment more than $38,000,000 may be available for ad- for Democracy: Provided, That of the funds ap- ministrative expenses. For necessary expenses to carry out the provi- propriated by this Act under the headings ‘‘De- sions of the Peace Corps Act (75 Stat. 612), in- ANDEAN PROGRAMS velopment Assistance’’, ‘‘Economic Support cluding the purchase of not to exceed five pas- (INCLUDING TRANSFER OF FUNDS) Fund’’, and ‘‘Assistance for the Independent senger motor vehicles for administrative pur- (a) For necessary expenses to carry out sec- States of the Former Soviet Union’’, an addi- poses for use outside of the United States, tion 481 of the Foreign Assistance Act of 1961 to tional $18,000,000 shall be made available for the $323,500,000, to remain available until September support counterdrug, economic and social devel- programs and activities of the National Endow- 30, 2009: Provided, That none of the funds ap- opment, rule of law, and other activities in the ment of Democracy. propriated under this heading shall be used to Andean region of South America, $415,050,000, (b) Funds appropriated by this Act that are pay for abortions: Provided further, That the to remain available until September 30, 2010. made available for the promotion of democracy Director may transfer to the Foreign Currency (b) In fiscal year 2008, funds available to the may be made available notwithstanding any Fluctuations Account, as authorized by 22 Department of State for assistance to the Gov- other provision of this or any other Act and, U.S.C. 2515, an amount not to exceed $2,000,000: ernment of Colombia may be made available to with regard to the National Endowment for De- Provided further, That funds transferred pursu- support a unified campaign against drug traf- mocracy, any regulation. Funds appropriated ant to the previous proviso may not be derived ficking, against activities by organizations des- under this heading are in addition to funds oth- from amounts made available for Peace Corps ignated as Foreign Terrorist Organizations, and erwise available for such purposes. overseas operations. to take actions to protect human health and (c) The Assistant Secretary of State for De- MILLENNIUM CHALLENGE CORPORATION welfare in emergency circumstances, including mocracy, Human Rights and Labor shall be re- For necessary expenses to carry out the provi- undertaking rescue operations: Provided, That sponsible for— this authority shall cease to be effective if the sions of the Millennium Challenge Act of 2003, (1) all policy, funding, and programming deci- $1,200,000,000, to remain available until ex- Secretary of State has credible evidence that the sions regarding funds made available in this Act Colombian Armed Forces are not conducting pended: Provided, That of the funds appro- and subsequent Acts making appropriations for priated under this heading, up to $75,000,000 vigorous operations to restore civilian govern- the Department of State, foreign operations, ex- ment authority and respect for human rights in may be available for administrative expenses of port financing, and related programs for the the Millennium Challenge Corporation: Pro- areas under the effective control of paramilitary Human Rights and Democracy Fund of the Bu- organizations or successor armed groups: Pro- vided further, That up to 10 percent of the reau of Democracy, Human Rights, and Labor; funds appropriated under this heading may be vided further, That the President shall ensure and that if any helicopter procured with funds made available to carry out the purposes of sec- (2) the development of strategies for the pro- tion 616 of the Millennium Challenge Act of 2003 under this heading is used to aid or abet the op- motion of democracy globally and the coordina- erations of any such organization, the heli- for candidate countries for fiscal year 2008: Pro- tion of democracy programs between the United vided further, That none of the funds available copter shall be immediately returned to the States Department of State and the United United States: Provided further, That section to carry out section 616 of such Act may be made States Agency for International Development. available until the Chief Executive Officer of 482(b) of the Foreign Assistance Act of 1961 shall (d) For the purposes of funds appropriated by not apply to funds appropriated under this the Millennium Challenge Corporation provides this Act, the term ‘‘promotion of democracy’’ a report to the Committees on Appropriations heading: Provided further, That assistance pro- means programs that support good governance, vided with funds appropriated under this head- listing the candidate countries that will be re- human rights, independent media, and the rule ceiving assistance under section 616 of such Act, ing that is made available notwithstanding sec- of law, and otherwise strengthen the capacity of tion 482(b) of the Foreign Assistance Act of 1961 the level of assistance proposed for each such democratic political parties, governments, non- country, a description of the proposed programs, shall be made available subject to the regular governmental organizations and institutions, notification procedures of the Committees on projects and activities, and the implementing and citizens to support the development of agency or agencies of the United States Govern- Appropriations. democratic states, institutions, and practices (c) Of the funds appropriated under this ment: Provided further, That section 605(e)(4) of that are responsive and accountable to citizens. the Millennium Challenge Act of 2003 shall heading that are available for assistance for Co- (e) Any contract, grant or cooperative agree- lombia, not less than $22,000,000 shall be made apply to funds appropriated under this heading: ment (or any amendment to any contract, grant, Provided further, That funds appropriated available for the Office of the Attorney General, or cooperative agreement) in excess of $2,500,000 of which $5,000,000 shall be for the Human under this heading may be made available for a for the promotion of democracy under this Act Millennium Challenge Compact entered into Rights Unit, $5,000,000 shall be for the Justice shall be subject to the regular notification pro- and Peace Unit, $9,000,000 shall be used to de- pursuant to section 609 of the Millennium Chal- cedures of the Committees on Appropriations. lenge Act of 2003 only if such Compact obligates velop a witness protection program for victims of INTERNATIONAL NARCOTICS CONTROL AND LAW not more than 50 percent of the entire amount of armed groups, and $3,000,000 shall be for inves- ENFORCEMENT the United States Government funding antici- tigations of mass graves and identification of re- pated for the duration of the Compact, or con- For necessary expenses to carry out section mains: Provided further, That of the funds ap- tains a commitment to obligate subject to the 481 of the Foreign Assistance Act of 1961, propriated under this heading that are available availability of funds and the mutual agreement $558,449,000, to remain available until September for assistance for Colombia, $5,000,000 shall be of the parties to the Compact to proceed the en- 30, 2010: Provided, That during fiscal year 2008, for the Office of the Procuraduria General de la tire amount of the United States Government the Department of State may also use the au- Nacion, $3,000,000 shall be for the Office of the funding anticipated for the duration of the thority of section 608 of the Foreign Assistance Defensoria del Pueblo, and $750,000 shall be Compact. Act of 1961, without regard to its restrictions, to made available for a United States contribution receive excess property from an agency of the to the Office of the United Nations High Com- DEPARTMENT OF STATE United States Government for the purpose of missioner for Human Rights in Colombia to sup- DEMOCRACY FUND providing it to a foreign country under chapter port monitoring and public reporting of human (a) For necessary expenses to carry out the 8 of part I of that Act subject to the regular no- rights conditions in the field. provisions of the Foreign Assistance Act of 1961 tification procedures of the Committees on Ap- (d) Funds appropriated by this Act that are for the promotion of democracy globally, propriations: Provided further, That the Sec- available for aerial eradication of coca in Co- $177,000,000, of which the following amounts retary of State shall provide to the Committees lombia may be made available only for targeted shall be made available, subject to the regular on Appropriations not later than 45 days after eradication in specific areas and only if the Sec- notification procedures of the Committees on the date of the enactment of this Act and prior retary of State certifies to the Committees on Appropriations, until September 30, 2010— to the initial obligation of funds appropriated Appropriations that manual eradication in such (1) $75,000,000 for the Human Rights and De- under this heading, a report on the proposed areas is not practicable and that aerial eradi- mocracy Fund of the Bureau of Democracy, uses of all funds under this heading on a coun- cation will not contribute to a significant loss of Human Rights and Labor, Department of State, try-by-country basis for each proposed program, biodiversity: Provided, That not more than 20 of which $15,000,000 shall be for democracy and project, or activity: Provided further, That of percent of such funds may be made available rule of law programs in the People’s Republic of the funds appropriated under this heading, not unless the Secretary of State certifies to the

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11441 Committees on Appropriations that: (1) the her- (i) The Secretary of State, in consultation State determines (and so reports to the Con- bicide is being used in accordance with EPA with the Administrator of the United States gress) that Israel is not being denied its right to label requirements for comparable use in the Agency for International Development, shall participate in the activities of that Agency: Pro- United States and with Colombian laws; and (2) provide to the Committees on Appropriations not vided further, That of the funds made available the herbicide, in the manner it is being used, later than 45 days after the date of the enact- for demining and related activities, not to ex- does not pose unreasonable risks or adverse ef- ment of this Act and prior to the initial obliga- ceed $700,000, in addition to funds otherwise fects to humans or the environment including tion of funds appropriated under this heading, available for such purposes, may be used for ad- endemic species: Provided further, That such a report on the proposed uses of all funds under ministrative expenses related to the operation funds may not be made available unless the Sec- this heading on a country-by-country basis for and management of the demining program: Pro- retary of State certifies to the Committees on each proposed program, project, or activity. vided further, That funds appropriated under Appropriations that complaints of harm to MIGRATION AND REFUGEE ASSISTANCE this heading that are available for ‘‘Anti-ter- health or licit crops caused by such aerial eradi- For expenses, not otherwise provided for, nec- rorism Assistance’’ and ‘‘Export Control and cation are thoroughly evaluated and fair com- essary to enable the Secretary of State to pro- Border Security’’ shall remain available until pensation is being paid in a timely manner for vide, as authorized by law, a contribution to the September 30, 2009. meritorious claims, and the Secretary submits a International Committee of the Red Cross, as- DEPARTMENT OF THE TREASURY report to the Committees on Appropriations de- sistance to refugees, including contributions to INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE tailing all claims, evaluations, and compensa- the International Organization for Migration For necessary expenses to carry out the provi- tion paid during the twelve month period prior and the United Nations High Commissioner for sions of section 129 of the Foreign Assistance to the date of enactment of this Act: Provided Refugees, and other activities to meet refugee Act of 1961, $22,800,000, to remain available until further, That such funds may not be made and migration needs; salaries and expenses of September 30, 2010, which shall be available not- available for such purposes unless programs are personnel and dependents as authorized by the withstanding any other provision of law. being implemented by the United States Agency Foreign Service Act of 1980; allowances as au- DEBT RESTRUCTURING for International Development, the Government thorized by sections 5921 through 5925 of title 5, For the cost, as defined in section 502 of the of Colombia, or other organizations, in consulta- United States Code; purchase and hire of pas- Congressional Budget Act of 1974, of modifying tion and coordination with local communities, senger motor vehicles; and services as author- loans and loan guarantees, as the President to provide alternative sources of income in mu- ized by section 3109 of title 5, United States may determine, for which funds have been ap- nicipalities where security permits for small- Code, $889,000,000, to remain available until ex- propriated or otherwise made available for pro- acreage growers whose illicit crops are targeted pended: Provided, That not more than grams within the International Affairs Budget for aerial eradication: Provided further, That $23,000,000 may be available for administrative Function 150, including the cost of selling, re- funds appropriated by this Act may be used for expenses: Provided further, That $40,000,000 of ducing, or canceling amounts owed to the aerial eradication in Colombia’s national parks the funds made available under this heading United States as a result of concessional loans or reserves only if the Secretary of State certifies shall be made available for refugees resettling in made to eligible countries, pursuant to parts IV to the Committees on Appropriations on a case- Israel: Provided further, That funds made avail- and V of the Foreign Assistance Act of 1961, of by-case basis that there are no practicable alter- able under this heading shall be made available modifying concessional credit agreements with natives and the eradication is conducted in ac- for assistance for refugees from North Korea. least developed countries, as authorized under cordance with Colombian laws: Provided fur- UNITED STATES EMERGENCY REFUGEE AND section 411 of the Agricultural Trade Develop- ther, That of the funds appropriated under this MIGRATION ASSISTANCE FUND ment and Assistance Act of 1954, as amended, of heading that are available for Colombia, For necessary expenses to carry out the provi- concessional loans, guarantees and credit agree- $10,000,000 shall be transferred to, and merged sions of section 2(c) of the Migration and Ref- ments, as authorized under section 572 of the with, funds appropriated under the heading ugee Assistance Act of 1962, as amended (22 Foreign Operations, Export Financing, and Re- ‘‘Foreign Military Financing Program’’ and U.S.C. 2601(c)), $45,000,000, to remain available lated Programs Appropriations Act, 1989 (Public shall be made available only for assistance for until expended: Provided, That funds made Law 100–461), and of canceling amounts owed, the Colombian military to provide security for available under this heading are appropriated as a result of loans or guarantees made pursu- manual eradication programs, including in na- notwithstanding the provisions contained in ant to the Export-Import Bank Act of 1945, by tional parks: Provided further, That none of the section 2(c)(2) of such Act which would limit the countries that are eligible for debt reduction funds appropriated by this Act shall be made amount of funds which could be appropriated pursuant to title V of H.R. 3425 as enacted into available for the cultivation or processing of Af- for this purpose. law by section 1000(a)(5) of Public Law 106–113, rican oil palm, if doing so would contribute to NONPROLIFERATION, ANTI-TERRORISM, DEMINING $200,300,000, to remain available until September significant loss of native species, disrupt or con- AND RELATED PROGRAMS 30, 2010: Provided, That not less than $20,000,000 taminate natural water sources, reduce local For necessary expenses for nonproliferation, of the funds appropriated under this heading food security, or cause the forced displacement anti-terrorism, demining and related programs shall be made available to carry out the provi- sions of part V of the Foreign Assistance Act of of local people. and activities, $499,000,000, to carry out the pro- 1961: Provided further, That amounts paid to (e) No United States Armed Forces personnel visions of chapter 8 of part II of the Foreign As- the HIPC Trust Fund may be used only to fund or United States civilian contractor employed by sistance Act of 1961 for anti-terrorism assist- debt reduction under the enhanced HIPC initia- the United States will participate in any combat ance, chapter 9 of part II of the Foreign Assist- tive by— operation in connection with assistance made ance Act of 1961, section 504 of the FREEDOM available by this Act for Colombia. (1) the Inter-American Development Bank; Support Act, section 23 of the Arms Export Con- (2) the African Development Fund; (f) Rotary and fixed wing aircraft supported trol Act or the Foreign Assistance Act of 1961 for (3) the African Development Bank; and with funds appropriated under this heading for demining activities, the clearance of unexploded (4) the Central American Bank for Economic assistance for Colombia should be used for drug ordnance, the destruction of small arms, and re- Integration: eradication and interdiction including to trans- lated activities, notwithstanding any other pro- Provided further, That funds may not be paid to port personnel in connection with manual eradi- vision of law, including activities implemented the HIPC Trust Fund for the benefit of any cation programs, and to provide transport in through nongovernmental and international or- country if the Secretary of State has credible support of alternative development programs ganizations, and section 301 of the Foreign As- evidence that the government of such country is and investigations of cases under the jurisdic- sistance Act of 1961 for a voluntary contribution engaged in a consistent pattern of gross viola- tion of the Attorney General, the Procuraduria to the International Atomic Energy Agency tions of internationally recognized human rights General de la Nacion, and the Defensoria del (IAEA), and for a United States contribution to or in military or civil conflict that undermines Pueblo. the Comprehensive Nuclear Test Ban Treaty its ability to develop and implement measures to (g) Funds appropriated under this heading Preparatory Commission: Provided, That of this alleviate poverty and to devote adequate human that are made available for assistance for the amount not to exceed $32,000,000, to remain and financial resources to that end: Provided Bolivian military and police may be made avail- available until expended, may be made available further, That on the basis of final appropria- able for such purposes only if the Secretary of for the Nonproliferation and Disarmament tions, the Secretary of the Treasury shall con- State certifies to the Committees on Appropria- Fund, notwithstanding any other provision of sult with the Committees on Appropriations con- tions that the Bolivian military and police are law, to promote bilateral and multilateral activi- cerning which countries and international fi- respecting human rights, and civilian judicial ties relating to nonproliferation and disar- nancial institutions are expected to benefit from authorities are investigating and prosecuting, mament: Provided further, That such funds may a United States contribution to the HIPC Trust with the full cooperation, military and police also be used for such countries other than the Fund during the fiscal year: Provided further, personnel who have been implicated in the mili- Independent States of the former Soviet Union That the Secretary of the Treasury shall inform tary and police gross violations of human rights. and international organizations when it is in the Committees on Appropriations not less than (h) Of the funds appropriated under this the national security interest of the United 15 days in advance of the signature of an agree- heading, not more than $16,000,000 may be States to do so: Provided further, That of the ment by the United States to make payments to available for administrative expenses of the De- funds appropriated under this heading, not less the HIPC Trust Fund of amounts for such coun- partment of State, and not more than $8,000,000 than $30,000,000 shall be made available for the tries and institutions: Provided further, That may be available, in addition to amounts other- Biosecurity Engagement Program: Provided fur- the Secretary of the Treasury may disburse wise available for such purposes, for administra- ther, That funds appropriated under this head- funds designated for debt reduction through the tive expenses of the United States Agency for ing may be made available for the International HIPC Trust Fund only for the benefit of coun- International Development. Atomic Energy Agency only if the Secretary of tries that—

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Funds appropriated or otherwise than $1,300,000,000 shall be made available for made available by this title under the heading through the regular notification procedures of grants only for Egypt: Provided further, That the Committees on Appropriations: Provided ‘‘INTERNATIONAL NARCOTICS CONTROL AND LAW funds made available under this heading for as- further, That foreign military financing pro- ENFORCEMENT’’ should be available for the sup- sistance for Egypt should be made available for gram funds estimated to be outlayed for Egypt port of efforts of foreign law enforcement au- counterterrorism and border security programs during fiscal year 2008 may be transferred to an thorities to locate United States citizens who in the Sinai: Provided further, That of the interest bearing account for Egypt in the Fed- have been kidnapped in, or are otherwise miss- funds appropriated under this heading that are eral Reserve Bank of New York. ing from, areas affected by violent drug traf- available for Colombia, $10,000,000 shall be made ficking. available for medical and rehabilitation assist- PEACEKEEPING OPERATIONS TITLE IV ance, removal of landmines, and to enhance For necessary expenses to carry out the provi- MILITARY ASSISTANCE communications capabilities: Provided further, sions of section 551 of the Foreign Assistance That funds appropriated or otherwise made Act of 1961, $273,200,000: Provided, That of the FUNDS APPROPRIATED TO THE PRESIDENT available by this paragraph shall be nonrepay- funds made available under this heading, not INTERNATIONAL MILITARY EDUCATION AND able notwithstanding any requirement in section less than $25,000,000 shall be made available for TRAINING 23 of the Arms Export Control Act: Provided fur- a United States contribution to the Multi- For necessary expenses to carry out the provi- ther, That funds made available under this national Force and Observers mission in the sions of section 541 of the Foreign Assistance paragraph shall be obligated upon apportion- Sinai: Provided further, That none of the funds Act of 1961, $85,877,000, of which up to $3,000,000 ment in accordance with paragraph (5)(C) of appropriated under this heading shall be obli- may remain available until expended: Provided, title 31, United States Code, section 1501(a): Pro- gated or expended except as provided through That funds appropriated under this heading vided further, That 0.1 percent of the funds ap- the regular notification procedures of the Com- shall not be available for Equatorial Guinea: propriated under this heading shall be trans- mittees on Appropriations. Provided further, That the civilian personnel for ferred to and merged with funds appropriated TITLE V whom military education and training may be under the heading ‘‘Economic Support Fund’’ to provided under this heading may include civil- be made available to the Bureau of Democracy, MULTILATERAL ECONOMIC ASSISTANCE ians who are not members of a government Human Rights and Labor, Department of State, FUNDS APPROPRIATED TO THE PRESIDENT whose participation would contribute to im- to ensure adequate monitoring of the use of as- INTERNATIONAL FINANCIAL INSTITUTIONS proved civil-military relations, civilian control sistance made available under this heading in of the military, or respect for human rights: Pro- countries where such monitoring is most needed, GLOBAL ENVIRONMENT FACILITY vided further, That funds appropriated under in addition to amounts otherwise available for For the United States contribution for the this heading that are made available for assist- such purposes. Global Environment Facility, $106,763,000 to the ance for Angola, Cameroon, Central African Re- None of the funds made available under this International Bank for Reconstruction and De- public, Chad, Cote d’Ivoire, Guinea, Libya, and heading shall be available to finance the pro- velopment as trustee for the Global Environment Nepal may be made available only for expanded curement of defense articles, defense services, or Facility (GEF), by the Secretary of the Treas- international military education and training: design and construction services that are not ury, to remain available until expended. Provided further, That expanded international sold by the United States Government under the CONTRIBUTION TO THE INTERNATIONAL military education and training may include Arms Export Control Act unless the foreign DEVELOPMENT ASSOCIATION English language training for purposes of funds country proposing to make such procurements appropriated under this heading: Provided fur- has first signed an agreement with the United For payment to the International Develop- ther, That funds made available under this States Government specifying the conditions ment Association by the Secretary of the Treas- heading for assistance for Haiti, Guatemala, the under which such procurements may be fi- ury, $1,000,000,000, to remain available until ex- Democratic Republic of the Congo, Sri Lanka, nanced with such funds: Provided, That all pended: Provided, That funds appropriated Ethiopia, Bangladesh, Libya, Angola, and Nige- country and funding level increases in alloca- under this heading should not be obligated until ria may only be provided through the regular tions shall be submitted through the regular no- the Secretary of the Treasury reports to the notification procedures of the Committees on tification procedures of section 515 of this Act: Committees on Appropriations that he has re- Appropriations. Provided further, That none of the funds appro- ceived written assurance from the President of the World Bank that the bank’s management FOREIGN MILITARY FINANCING PROGRAM priated under this heading shall be available for For expenses necessary for grants to enable assistance for Sudan: Provided further, That will not recommend or support any loan, grant, the President to carry out the provisions of sec- none of the funds appropriated under this head- credit or other financing for any infrastructure tion 23 of the Arms Export Control Act, ing may be made available for assistance for project which would contribute to significant $4,579,000,000: Provided, That of the funds ap- Haiti, Guatemala, Nepal, Sri Lanka, Pakistan, loss of tropical forest or biodiversity. propriated under this heading, not less than Bangladesh, Philippines, Indonesia, Bosnia and CONTRIBUTION TO THE ENTERPRISE FOR THE $2,400,000,000 shall be available for grants only Herzegovina, Ethiopia, and Democratic Repub- AMERICAS MULTILATERAL INVESTMENT FUND for Israel: Provided further, That the funds ap- lic of the Congo except pursuant to the regular For payment to the Enterprise for the Amer- propriated by this paragraph for Israel shall be notification procedures of the Committees on icas Multilateral Investment Fund by the Sec- disbursed within 30 days of the enactment of Appropriations: Provided further, That funds retary of the Treasury, for the United States this Act or by October 31, 2007, whichever is made available under this heading may be used, contribution to the fund, $25,000,000, to remain later: Provided further, That to the extent that notwithstanding any other provision of law, for available until expended.

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CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND ALLOCATIONS available for entertainment expenses: Provided For the United States contribution by the Sec- SEC. 602. (a) Funds provided in this Act for further, That of the funds made available by retary of the Treasury to the increase in re- the following accounts shall be made available this Act under the heading ‘‘Trade and Devel- sources of the Asian Development Fund, as au- for programs and countries in the amounts con- opment Agency’’, not to exceed $4,000 shall be thorized by the Asian Development Bank Act, as tained in the respective tables included in the available for representation and entertainment amended, $65,000,000, to remain available until report accompanying this Act: allowances: Provided further, That of the funds expended. ‘‘Educational and Cultural Exchange Pro- made available by this Act under the heading CONTRIBUTION TO THE AFRICAN DEVELOPMENT grams’’. ‘‘Millennium Challenge Corporation’’, not to ex- BANK ‘‘Embassy Security, Construction, and Main- ceed $115,000 shall be available for representa- For payment to the African Development tenance’’. tion and entertainment allowances. ‘‘International Fisheries Commissions’’. Bank by the Secretary of the Treasury, PROHIBITION ON TAXATION OF UNITED STATES ‘‘International Broadcasting Operations’’. $2,037,000, for the United States paid-in share of ASSISTANCE ‘‘Global Health Programs’’. the increase in capital stock, to remain available SEC. 606. (a) PROHIBITION ON TAXATION.— ‘‘Economic Support Fund’’. None of the funds appropriated by this Act may until expended. ‘‘Assistance for Eastern Europe and the Baltic LIMITATION ON CALLABLE CAPITAL be made available to provide assistance for a States’’. foreign country under a new bilateral agreement SUBSCRIPTIONS ‘‘Assistance for the Independent States of the governing the terms and conditions under which The United States Governor of the African Former Soviet Union’’. such assistance is to be provided unless such Development Bank may subscribe without fiscal ‘‘Democracy Fund’’. agreement includes a provision stating that as- year limitation for the callable capital portion of ‘‘Andean Programs’’. sistance provided by the United States shall be the United States share of such capital stock in ‘‘Nonproliferation, Anti-Terrorism, Demining exempt from taxation, or reimbursed, by the for- an amount not to exceed $31,918,770. and Related Programs’’. eign government, and the Secretary of State ‘‘Foreign Military Financing Program’’. CONTRIBUTION TO THE AFRICAN DEVELOPMENT shall expeditiously seek to negotiate amend- FUND ‘‘International Organizations and Programs’’. (b) Any proposed increases or decreases to the ments to existing bilateral agreements, as nec- For the United States contribution by the Sec- essary, to conform with this requirement. retary of the Treasury to the increase in re- amounts contained in such tables in the accom- panying report shall be subject to the regular (b) REIMBURSEMENT OF FOREIGN TAXES.—An sources of the African Development Fund, amount equivalent to 200 percent of the total $105,000,000, to remain available until expended. notification procedures of the Committees on Appropriations and section 634A of the Foreign taxes assessed during fiscal year 2008 on funds CONTRIBUTION TO THE EUROPEAN BANK FOR Assistance Act of 1961. appropriated by this Act by a foreign govern- RECONSTRUCTION AND DEVELOPMENT ment or entity against commodities financed LIMITATION ON RESIDENCE EXPENSES For payment to the European Bank for Re- under United States assistance programs for construction and Development by the Secretary SEC. 603. Of the funds appropriated or made which funds are appropriated by this Act, either of the Treasury, $10,159 for the United States available pursuant to title III of this Act, not to directly or through grantees, contractors and share of the paid-in portion of the increase in exceed $100,500 shall be for official residence ex- subcontractors shall be withheld from obligation capital stock, to remain available until ex- penses of the United States Agency for Inter- from funds appropriated for assistance for fiscal pended. national Development during the current fiscal year 2009 and allocated for the central govern- year: Provided, That appropriate steps shall be ment of such country and for the West Bank CONTRIBUTION TO THE INTERNATIONAL FUND FOR taken to assure that, to the maximum extent AGRICULTURAL DEVELOPMENT and Gaza Program to the extent that the Sec- possible, United States-owned foreign currencies retary of State certifies and reports in writing to For the United States contribution by the Sec- are utilized in lieu of dollars. the Committees on Appropriations that such retary of the Treasury to increase the resources UNOBLIGATED BALANCES taxes have not been reimbursed to the Govern- of the International Fund for Agricultural De- SEC. 604. Any Department or Agency to which ment of the United States. velopment, $18,072,000, to remain available until funds are appropriated or otherwise made avail- (c) DE MINIMIS EXCEPTION.—Foreign taxes of expended. able by this Act shall provide, upon request of a de minimis nature shall not be subject to the INTERNATIONAL ORGANIZATIONS AND PROGRAMS the Committees on Appropriations, an accurate provisions of subsection (b). For necessary expenses to carry out the provi- accounting by program, project, and activity of (d) REPROGRAMMING OF FUNDS.—Funds with- sions of section 301 of the Foreign Assistance the funds received by such Department or Agen- held from obligation for each country or entity Act of 1961, and of section 2 of the United Na- cy in this fiscal year or any previous fiscal year pursuant to subsection (b) shall be repro- tions Environment Program Participation Act of that remain unobligated and unexpended. grammed for assistance to countries which do 1973, $313,925,000: Provided, That of the funds LIMITATION ON REPRESENTATIONAL ALLOWANCES not assess taxes on United States assistance or appropriated under this heading that are avail- SEC. 605. Of the funds appropriated or made which have an effective arrangement that is able for the Organization of American States available pursuant to this Act, not to exceed providing substantial reimbursement of such Fund for Strengthening Democracy, $500,000 $250,000 shall be available for representation taxes. shall be subject to the regular notification pro- and entertainment allowances, of which not to (e) DETERMINATIONS.— cedures of the Committees on Appropriations. exceed $5,000 shall be available for entertain- (1) The provisions of this section shall not TITLE VI ment allowances, for the United States Agency apply to any country or entity the Secretary of for International Development during the cur- State determines— GENERAL PROVISIONS rent fiscal year: Provided, That no such enter- (A) does not assess taxes on United States as- COMPENSATION FOR UNITED STATES EXECUTIVE tainment funds may be used for the purposes sistance or which has an effective arrangement DIRECTORS TO INTERNATIONAL FINANCIAL INSTI- listed in section 648 of this Act: Provided fur- that is providing substantial reimbursement of TUTIONS ther, That appropriate steps shall be taken to such taxes; or SEC. 601. (a) No funds appropriated by this assure that, to the maximum extent possible, (B) the foreign policy interests of the United Act may be made as payment to any inter- United States-owned foreign currencies are uti- States outweigh the policy of this section to en- national financial institution while the United lized in lieu of dollars: Provided further, That of sure that United States assistance is not subject States Executive Director to such institution is the funds made available by this Act for general to taxation. compensated by the institution at a rate which, costs of administering military assistance and (2) The Secretary of State shall consult with together with whatever compensation such Di- sales under the heading ‘‘Foreign Military Fi- the Committees on Appropriations at least 15 rector receives from the United States, is in ex- nancing Program’’, not to exceed $4,000 shall be days prior to exercising the authority of this cess of the rate provided for an individual occu- available for entertainment expenses and not to subsection with regard to any country or entity. pying a position at level IV of the Executive exceed $130,000 shall be available for representa- (f) IMPLEMENTATION.—The Secretary of State Schedule under section 5315 of title 5, United tion allowances: Provided further, That of the shall issue rules, regulations, or policy guid- States Code, or while any alternate United funds made available by this Act under the ance, as appropriate, to implement the prohibi- States Director to such institution is com- heading ‘‘International Military Education and tion against the taxation of assistance con- pensated by the institution at a rate in excess of Training’’, not to exceed $55,000 shall be avail- tained in this section. the rate provided for an individual occupying a able for entertainment allowances: Provided fur- (g) DEFINITIONS.—As used in this section— position at level V of the Executive Schedule ther, That of the funds made available by this (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to under section 5316 of title 5, United States Code. Act for the Inter-American Foundation, not to value added taxes and customs duties imposed (b) For purposes of this section ‘‘international exceed $4,000 shall be available for entertain- on commodities financed with United States as- financial institutions’’ are: the International ment and representation allowances: Provided sistance for programs for which funds are ap- Bank for Reconstruction and Development, the further, That of the funds made available by propriated by this Act; and Inter-American Development Bank, the Asian this Act under the heading ‘‘United States- (2) the term ‘‘bilateral agreement’’ refers to a Development Bank, the Asian Development China Economic and Security Review Commis- framework bilateral agreement between the Gov- Fund, the African Development Bank, the Afri- sion’’, not to exceed $3,000 shall be available for ernment of the United States and the govern- can Development Fund, the International Mon- official reception, representation, and entertain- ment of the country receiving assistance that etary Fund, the North American Development ment allowances: Provided further, That of the describes the privileges and immunities applica- Bank, and the European Bank for Reconstruc- funds made available by this Act for the Peace ble to United States foreign assistance for such tion and Development. Corps, not to exceed a total of $4,000 shall be country generally, or an individual agreement

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11444 CONGRESSIONAL RECORD — SENATE September 11, 2007 between the Government of the United States national Development and another agency of United States, if the commodity is likely to be in and such government that describes, among the United States Government under the author- surplus on world markets at the time the result- other things, the treatment for tax purposes that ity of section 632(a) of the Foreign Assistance ing productive capacity is expected to become will be accorded the United States assistance Act of 1961 or any comparable provision of law, operative and if the assistance will cause sub- provided under that agreement. shall expressly provide that the Office of the In- stantial injury to United States producers of the PROHIBITION AGAINST DIRECT FUNDING FOR spector General for the agency receiving the same, similar, or competing commodity: Pro- CERTAIN COUNTRIES transfer or allocation of such funds shall per- vided, That such prohibition shall not apply to SEC. 607. None of the funds appropriated or form periodic program and financial audits of the Export-Import Bank if in the judgment of its otherwise made available pursuant to this Act the use of such funds: Provided, That funds Board of Directors the benefits to industry and shall be obligated or expended to finance di- transferred under such authority may be made employment in the United States are likely to rectly any assistance or reparations to Cuba, available for the cost of such audits. outweigh the injury to United States producers North Korea, Iran, or Syria: Provided, That for COMMERCIAL LEASING OF DEFENSE ARTICLES of the same, similar, or competing commodity, purposes of this section, the prohibition on obli- SEC. 610. Notwithstanding any other provision and the Chairman of the Board so notifies the gations or expenditures shall include direct of law, and subject to the regular notification Committees on Appropriations. loans, credits, insurance and guarantees of the procedures of the Committees on Appropriations, (b) None of the funds appropriated by this or Export-Import Bank or its agents. the authority of section 23(a) of the Arms Export any other Act to carry out chapter 1 of part I MILITARY COUPS Control Act may be used to provide financing to of the Foreign Assistance Act of 1961 shall be SEC. 608. None of the funds appropriated or Israel, Egypt and NATO and major non-NATO available for any testing or breeding feasibility otherwise made available pursuant to this Act allies for the procurement by leasing (including study, variety improvement or introduction, shall be obligated or expended to finance di- leasing with an option to purchase) of defense consultancy, publication, conference, or train- rectly any assistance to the government of any articles from United States commercial suppliers, ing in connection with the growth or production country whose duly elected head of government not including Major Defense Equipment (other in a foreign country of an agricultural com- is deposed by military coup or decree: Provided, than helicopters and other types of aircraft hav- modity for export which would compete with a That assistance may be resumed to such govern- ing possible civilian application), if the Presi- similar commodity grown or produced in the ment if the President determines and certifies to dent determines that there are compelling for- United States: Provided, That this subsection the Committees on Appropriations that subse- eign policy or national security reasons for shall not prohibit— quent to the termination of assistance a demo- those defense articles being provided by commer- (1) activities designed to increase food security cratically elected government has taken office: cial lease rather than by government-to-govern- in developing countries where such activities Provided further, That the provisions of this ment sale under such Act. will not have a significant impact on the export section shall not apply to assistance to promote AVAILABILITY OF FUNDS of agricultural commodities of the United States; democratic elections or public participation in SEC. 611. No part of any appropriation con- or democratic processes: Provided further, That tained in this Act shall remain available for ob- (2) research activities intended primarily to funds made available pursuant to the previous ligation after the expiration of the current fiscal benefit American producers. provisos shall be subject to the regular notifica- year unless expressly so provided in this Act: SURPLUS COMMODITIES tion procedures of the Committees on Appropria- Provided, That funds appropriated for the pur- SEC. 614. The Secretary of the Treasury shall tions. poses of chapters 1, 8, 11, and 12 of part I, sec- instruct the United States Executive Directors of TRANSFERS tion 661, section 667, chapters 4, 6, 8, and 9 of the International Bank for Reconstruction and SEC. 609. (a) DEPARTMENT OF STATE AND part II of the Foreign Assistance Act of 1961, Development, the International Development BROADCASTING BOARD OF GOVERNORS.—Not to section 23 of the Arms Export Control Act, and Association, the International Finance Corpora- exceed 5 percent of any appropriation made funds provided under the heading ‘‘Assistance tion, the Inter-American Development Bank, the available for the current fiscal year for the De- for Eastern Europe and the Baltic States’’, shall International Monetary Fund, the Asian Devel- partment of State in this Act may be transferred remain available for an additional 4 years from opment Bank, the Inter-American Investment between such appropriations, but no such ap- the date on which the availability of such funds Corporation, the North American Development propriation, except as otherwise specifically pro- would otherwise have expired, if such funds are Bank, the European Bank for Reconstruction vided, shall be increased by more than 10 per- initially obligated before the expiration of their and Development, the African Development cent by any such transfers: Provided, That not respective periods of availability contained in Bank, and the African Development Fund to to exceed 5 percent of any appropriation made this Act: Provided further, That, notwith- use the voice and vote of the United States to available for the current fiscal year for the standing any other provision of this Act, any oppose any assistance by these institutions, Broadcasting Board of Governors in this Act funds made available for the purposes of chap- using funds appropriated or made available pur- may be transferred between such appropria- ter 1 of part I and chapter 4 of part II of the suant to this Act, for the production or extrac- tions, but no such appropriation, except as oth- Foreign Assistance Act of 1961 which are allo- tion of any commodity or mineral for export, if erwise specifically provided, shall be increased cated or obligated for cash disbursements in it is in surplus on world markets and if the as- by more than 10 percent by any such transfers: order to address balance of payments or eco- sistance will cause substantial injury to United Provided further, That any transfer pursuant to nomic policy reform objectives, shall remain States producers of the same, similar, or com- this section shall be treated as a reprogramming available until expended: Provided further, peting commodity. of funds under section 104 of this Act and shall That the Director of the Trade and Development REPROGRAMMING NOTIFICATION REQUIREMENTS not be available for obligation or expenditure Agency shall notify the Committees on Appro- SEC. 615. (a) None of the funds made available except in compliance with the procedures set priations not later than 15 days prior to any re- in all titles of this Act, or in prior appropria- forth in that section. obligation of funds appropriated for the pur- tions Acts to the agencies and departments (b)(1) LIMITATION ON TRANSFERS BETWEEN poses of section 661 of part II of the Foreign As- funded by this Act that remain available for ob- AGENCIES.—None of the funds made available by sistance Act of 1961. ligation or expenditure in fiscal year 2008, or this Act may be transferred to any department, LIMITATION ON ASSISTANCE TO COUNTRIES IN provided from any accounts in the Treasury of agency, or instrumentality of the United States DEFAULT the United States derived by the collection of Government, except pursuant to a transfer made SEC. 612. No part of any appropriation con- fees or of currency reflows or other offsetting by, or transfer authority provided in, this Act or tained in this Act shall be used to furnish assist- collections, or made available by transfer, to the any other appropriation Act. ance to the government of any country which is agencies and departments funded by this Act, (2) Notwithstanding paragraph (1), in addi- in default during a period in excess of 1 cal- shall be available for obligation or expenditure tion to transfers made by, or authorized else- endar year in payment to the United States of through a reprogramming of funds that: (1) cre- where in, this Act, funds appropriated by this principal or interest on any loan made to the ates new programs; (2) eliminates a program, Act to carry out the purposes of the Foreign As- government of such country by the United project, or activity; (3) increases funds or per- sistance Act of 1961 may be allocated or trans- States pursuant to a program for which funds sonnel by any means for any project or activity ferred to agencies of the United States Govern- are appropriated under this Act unless the for which funds have been denied or restricted; ment pursuant to the provisions of sections 109, President determines, following consultations (4) relocates an office or employees; (5) closes or 610, and 632 of the Foreign Assistance Act of with the Committees on Appropriations, that as- opens a mission or post; (6) reorganizes or re- 1961. sistance to such country is in the national inter- names offices; (7) reorganizes programs or ac- (c) TRANSFERS BETWEEN ACCOUNTS.—None of est of the United States. tivities; or (8) contracts out or privatizes any the funds made available by this Act may be ob- COMMERCE AND TRADE functions or activities presently performed by ligated under an appropriation account to SEC. 613. (a) None of the funds appropriated Federal employees; unless the Committees on which they were not appropriated, except for or made available pursuant to this Act for direct Appropriations are notified 15 days in advance transfers specifically provided for in this Act, assistance and none of the funds otherwise of such reprogramming of funds. unless the President provides notification in ac- made available pursuant to this Act to the Ex- (b) For the purposes of providing the executive cordance with the regular notification proce- port-Import Bank and the Overseas Private In- branch with the necessary administrative flexi- dures of the Committees on Appropriations. vestment Corporation shall be obligated or ex- bility, none of the funds provided under title I (d) AUDIT OF INTER-AGENCY TRANSFERS.—Any pended to finance any loan, any assistance or of this Act, or provided under previous appro- agreement for the transfer or allocation of funds any other financial commitments for estab- priations Acts to the agencies or department appropriated by this Act, or prior Acts, entered lishing or expanding production of any com- funded under title I of this Act that remain into between the United States Agency for Inter- modity for export by any country other than the available for obligation or expenditure in fiscal

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year 2008, or provided from any accounts in the LIMITATION ON AVAILABILITY OF FUNDS FOR (6) humanitarian assistance. Treasury of the United States derived by the INTERNATIONAL ORGANIZATIONS AND PROGRAMS PROHIBITION ON FUNDING FOR ABORTIONS AND collection of fees available to the agencies or de- SEC. 616. Subject to the regular notification INVOLUNTARY STERILIZATION partment funded by title I of this Act, shall be procedures of the Committees on Appropriations, SEC. 618. None of the funds made available to available for obligation or expenditure for ac- funds appropriated under this Act or any pre- carry out part I of the Foreign Assistance Act of tivities, programs, or projects through a re- viously enacted Act making appropriations for 1961, as amended, may be used to pay for the programming of funds in excess of $750,000 or foreign operations, export financing, and re- performance of abortions as a method of family ten percent, whichever is less, that: (1) aug- lated programs, which are returned or not made planning or to motivate or coerce any person to ments existing programs, projects, or activities; available for organizations and programs be- practice abortions. None of the funds made (2) reduces by 10 percent funding for any exist- cause of the implementation of section 307(a) of available to carry out part I of the Foreign As- ing program, project, or activity, or numbers of the Foreign Assistance Act of 1961, shall remain sistance Act of 1961, as amended, may be used to personnel by ten percent as approved by Con- available for obligation until September 30, 2009: pay for the performance of involuntary steriliza- gress; or (3) results from any general savings, Provided, That section 307(a) of the Foreign As- tion as a method of family planning or to coerce including savings from a reduction in personnel, sistance Act of 1961 is amended by striking or provide any financial incentive to any person which would result in a change in existing pro- ‘‘Libya,’’. to undergo sterilizations. None of the funds grams, activities, or projects as approved by INDEPENDENT STATES OF THE FORMER SOVIET made available to carry out part I of the For- Congress; unless the Committees on Appropria- UNION eign Assistance Act of 1961, as amended, may be tions are notified 15 days in advance of such re- SEC. 617. (a) None of the funds appropriated used to pay for any biomedical research which programming of funds. under the heading ‘‘Assistance for the Inde- relates in whole or in part, to methods of, or the (c) For the purposes of providing the executive pendent States of the Former Soviet Union’’ performance of, abortions or involuntary steri- branch with the necessary administrative flexi- shall be made available for assistance for a gov- lization as a means of family planning. None of bility, none of the funds made available under ernment of an Independent State of the former the funds made available to carry out part I of titles II through V of this Act for ‘‘Global Soviet Union if that government directs any ac- the Foreign Assistance Act of 1961, as amended, Health Programs’’, ‘‘Development Assistance’’, tion in violation of the territorial integrity or may be obligated or expended for any country or ‘‘International Organizations and Programs’’, national sovereignty of any other Independent organization if the President certifies that the ‘‘Trade and Development Agency’’, ‘‘Inter- State of the former Soviet Union, such as those use of these funds by any such country or orga- national Narcotics Control and Law Enforce- violations included in the Helsinki Final Act: nization would violate any of the above provi- ment’’, ‘‘Andean Programs’’, ‘‘Assistance for Provided, That such funds may be made avail- sions related to abortions and involuntary steri- Eastern Europe and the Baltic States’’, ‘‘Assist- able without regard to the restriction in this lizations. ance for the Independent States of the Former subsection if the President determines that to do EXPORT FINANCING TRANSFER AUTHORITIES Soviet Union’’, ‘‘Economic Support Fund’’, so is in the national security interest of the SEC. 619. Not to exceed 5 percent of any ap- ‘‘Democracy Fund’’, ‘‘Peacekeeping Oper- United States. propriation other than for administrative ex- ations’’, ‘‘Capital Investment Fund’’, ‘‘Oper- (b) None of the funds appropriated under the penses made available for fiscal year 2008, for ating Expenses of the United States Agency for heading ‘‘Assistance for the Independent States programs under title II of this Act may be trans- International Development’’, ‘‘Operating Ex- of the Former Soviet Union’’ shall be made ferred between such appropriations for use for penses of the United States Agency for Inter- available for any state to enhance its military any of the purposes, programs, and activities for national Development Office of Inspector Gen- capability: Provided, That this restriction does which the funds in such receiving account may eral’’, ‘‘Nonproliferation, Anti-terrorism, not apply to demilitarization, demining or non- be used, but no such appropriation, except as Demining and Related Programs’’, ‘‘Millennium proliferation programs. otherwise specifically provided, shall be in- (c) Funds appropriated under the heading Challenge Corporation’’ (by country only), creased by more than 25 percent by any such ‘‘Assistance for the Independent States of the ‘‘Foreign Military Financing Program’’, ‘‘Inter- transfer: Provided, That the exercise of such au- Former Soviet Union’’ for the Russian Federa- national Military Education and Training’’, thority shall be subject to the regular notifica- tion, Armenia, Kazakhstan, and Uzbekistan ‘‘Peace Corps’’, and ‘‘Migration and Refugee tion procedures of the Committees on Appropria- shall be subject to the regular notification pro- Assistance’’, shall be available for obligation for tions. activities, programs, projects, type of materiel cedures of the Committees on Appropriations. SPECIAL NOTIFICATION REQUIREMENTS assistance, countries, or other operations not (d)(1) Of the funds appropriated under this justified or in excess of the amount justified to heading that are allocated for assistance for the SEC. 620. None of the funds appropriated by the Committees on Appropriations for obligation Government of the Russian Federation, 60 per- this Act shall be obligated or expended for as- under any of these specific headings unless the cent shall be withheld from obligation until the sistance for Serbia, Sudan, Zimbabwe, Pakistan, Committees on Appropriations of both Houses of President determines and certifies in writing to Cuba, the Dominican Republic, Iran, Haiti, Congress are previously notified 15 days in ad- the Committees on Appropriations that the Gov- Mexico, Nepal, or Cambodia except as provided vance: Provided, That the President shall not ernment of the Russian Federation— through the regular notification procedures of enter into any commitment of funds appro- (A) has terminated implementation of ar- the Committees on Appropriations. priated for the purposes of section 23 of the rangements to provide Iran with technical ex- DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY Arms Export Control Act for the provision of pertise, training, technology, or equipment nec- SEC. 621. For the purpose of titles II through major defense equipment, other than conven- essary to develop a nuclear reactor, related nu- V of this Act ‘‘program, project, and activity’’ tional ammunition, or other major defense items clear research facilities or programs, or ballistic shall be defined at the appropriations Act ac- defined to be aircraft, ships, missiles, or combat missile capability; and count level and shall include all appropriations vehicles, not previously justified to Congress or (B) is providing full access to international and authorizations Acts earmarks, ceilings, and 20 percent in excess of the quantities justified to non-government organizations providing hu- limitations with the exception that for the fol- Congress unless the Committees on Appropria- manitarian relief to refugees and internally dis- lowing accounts: ‘‘Economic Support Fund’’ tions are notified 15 days in advance of such placed persons in Chechnya. and ‘‘Foreign Military Financing Program’’, commitment: Provided further, That this sub- (2) Paragraph (1) shall not apply to— ‘‘program, project, and activity’’ shall also be (A) assistance to combat infectious diseases, section shall not apply to any reprogramming considered to include country, regional, and child survival activities, or assistance for victims for an activity, program, or project for which central program level funding within each such of trafficking in persons; and funds are appropriated under titles III or IV of account; for the development assistance ac- (B) activities authorized under title V (Non- this Act of less than 10 percent of the amount counts of the United States Agency for Inter- proliferation and Disarmament Programs and previously justified to the Congress for obliga- national Development ‘‘program, project, and Activities) of the FREEDOM Support Act. activity’’ shall also be considered to include cen- tion for such activity, program, or project for (e) Section 907 of the FREEDOM Support Act the current fiscal year. tral, country, regional, and program level fund- shall not apply to— ing, either as: (1) justified to the Congress; or (2) (d) The requirements of this section or any (1) activities to support democracy or assist- allocated by the executive branch in accordance similar provision of this Act or any other Act, ance under title V of the FREEDOM Support with a report, to be provided to the Committees including any prior Act requiring notification in Act and section 1424 of Public Law 104–201 or on Appropriations within 30 days of the enact- accordance with the regular notification proce- non-proliferation assistance; ment of this Act, as required by section 653(a) of dures of the Committees on Appropriations, may (2) any assistance provided by the Trade and the Foreign Assistance Act of 1961. be waived if failure to do so would pose a sub- Development Agency under section 661 of the stantial risk to human health or welfare: Pro- Foreign Assistance Act of 1961 (22 U.S.C. 2421); GLOBAL HEALTH ACTIVITIES vided, That in case of any such waiver, notifi- (3) any activity carried out by a member of the SEC. 622. Up to $13,500,000 of the funds made cation to the Congress, or the appropriate con- United States and Foreign Commercial Service available by this Act for assistance under the gressional committees, shall be provided as early while acting within his or her official capacity; heading ‘‘Global Health Programs’’, may be as practicable, but in no event later than 3 days (4) any insurance, reinsurance, guarantee or used to reimburse United States Government after taking the action to which such notifica- other assistance provided by the Overseas Pri- agencies, agencies of State governments, institu- tion requirement was applicable, in the context vate Investment Corporation under title IV of tions of higher learning, and private and vol- of the circumstances necessitating such waiver: chapter 2 of part I of the Foreign Assistance Act untary organizations for the full cost of individ- Provided further, That any notification pro- of 1961 (22 U.S.C. 2191 et seq.); uals (including for the personal services of such vided pursuant to such a waiver shall contain (5) any financing provided under the Export- individuals) detailed or assigned to, or con- an explanation of the emergency circumstances. Import Bank Act of 1945; or tracted by, as the case may be, the United States

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11446 CONGRESSIONAL RECORD — SENATE September 11, 2007 Agency for International Development for the tion cost) at $7,000,000 or more, or if notification Appropriations, any interest earned on such in- purpose of carrying out activities under that is required elsewhere in this Act for the use of vestment shall be used for the purpose for which heading: Provided, That up to $3,500,000 of the appropriated funds for specific countries that the assistance was provided to that organiza- funds made available by this Act for assistance would receive such excess defense articles: Pro- tion. under the heading ‘‘Development Assistance’’ vided further, That such Committees shall also SEPARATE ACCOUNTS may be used to reimburse such agencies, institu- be informed of the original acquisition cost of SEC. 628. (a) SEPARATE ACCOUNTS FOR LOCAL tions, and organizations for such costs of such such defense articles. CURRENCIES.— individuals carrying out other development as- GLOBAL FUND MANAGEMENT (1) If assistance is furnished to the govern- sistance activities: Provided further, That funds SEC. 625. Notwithstanding any other provision ment of a foreign country under chapters 1 and appropriated by titles III and IV of this Act that of this Act, 20 percent of the funds that are ap- 10 of part I or chapter 4 of part II of the Foreign are made available for bilateral assistance for propriated by this Act for a contribution to sup- Assistance Act of 1961 under agreements which child survival activities or disease programs in- port the Global Fund to Fight AIDS, Tuber- result in the generation of local currencies of cluding activities relating to research on, and culosis and Malaria (the ‘‘Global Fund’’) shall that country, the Administrator of the United the prevention, treatment and control of, HIV/ be withheld from obligation to the Global Fund States Agency for International Development AIDS may be made available notwithstanding until the Secretary of State certifies to the Com- shall— any other provision of law except for the provi- mittees on Appropriations that the Global (A) require that local currencies be deposited sions under the heading ‘‘Global Health Pro- Fund— in a separate account established by that gov- grams’’ and the United States Leadership (1) is releasing incremental disbursements only ernment; Against HIV/AIDS, Tuberculosis, and Malaria if grantees demonstrate progress against clearly (B) enter into an agreement with that govern- Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), defined performance indicators; ment which sets forth— as amended: Provided further, That of the funds (2) is providing support and oversight to coun- (i) the amount of the local currencies to be appropriated under title III of this Act, not less try-level entities, such as country coordinating generated; and than $461,060,000 shall be made available for mechanisms, principal recipients, and local (ii) the terms and conditions under which the family planning/reproductive health: Provided Fund agents, to enable them to fulfill their man- currencies so deposited may be utilized, con- further, That in order to prevent unintended dates; sistent with this section; and pregnancies, abortions, and the transmission of (3) has a full-time, professional, independent (C) establish by agreement with that govern- sexually transmitted infections, including HIV/ Office of Inspector General that is fully oper- ment the responsibilities of the United States AIDS, no contract or grant for the exclusive ational; Agency for International Development and that purpose of providing donated contraceptives in (4) requires local Fund agents to assess government to monitor and account for deposits developing countries shall be denied to any non- whether a principal recipient has the capacity into and disbursements from the separate ac- governmental organization solely on the basis of to oversee the activities of sub-recipients; count. the policy contained in the President’s March (5) is making progress toward implementing a (2) USES OF LOCAL CURRENCIES.—As may be 28, 2001, Memorandum to the Administrator of reporting system that breaks down grantee agreed upon with the foreign government, local the United States Agency for International De- budget allocations by programmatic activity; currencies deposited in a separate account pur- velopment with respect to providing contracep- (6) has adopted and is implementing a policy suant to subsection (a), or an equivalent tives in developing countries, or any comparable to publish on a publicly available website all amount of local currencies, shall be used only— administration policy regarding the provision of program reviews, program evaluations, inter- (A) to carry out chapter 1 or 10 of part I or contraceptives. nally and externally commissioned audits, and chapter 4 of part II (as the case may be), for AFGHANISTAN inspector general reports and findings, not later such purposes as— (i) project and sector assistance activities; or SEC. 623. Of the funds appropriated by titles than 7 days after they are received by the Glob- al Fund Secretariat, except that such informa- (ii) debt and deficit financing; or III and IV of this Act, up to $1,057,050,000 may (B) for the administrative requirements of the be made available for assistance for Afghani- tion as determined necessary by the Inspector General to protect the identity of whistleblowers United States Government. stan, of which not less than $75,000,000 should (3) PROGRAMMING ACCOUNTABILITY.—The or other informants to investigations and re- be made available to support programs that di- United States Agency for International Develop- ports of the Inspector General, or proprietary rectly address the needs of Afghan women and ment shall take all necessary steps to ensure information, may be redacted from such docu- girls, of which not less than $12,000,000 shall be that the equivalent of the local currencies dis- made available for grants to support training ments; and (7) is tracking and encouraging the involve- bursed pursuant to subsection (a)(2)(A) from the and equipment to improve the capacity of separate account established pursuant to sub- women-led Afghan nongovernmental organiza- ment of civil society in country coordinating mechanisms and program implementation. section (a)(1) are used for the purposes agreed tions and to support the activities of such orga- upon pursuant to subsection (a)(2). PROHIBITION ON BILATERAL ASSISTANCE TO nizations, and not less than $3,000,000 should be (4) TERMINATION OF ASSISTANCE PROGRAMS.— made available for reforestation activities: Pro- TERRORIST COUNTRIES Upon termination of assistance to a country vided, That funds made available pursuant to SEC. 626. (a) Funds appropriated for bilateral under chapter 1 or 10 of part I or chapter 4 of the previous proviso for reforestation activities assistance under any heading of this Act and part II (as the case may be), any unencumbered should be matched, to the maximum extent pos- funds appropriated under any such heading in balances of funds which remain in a separate sible, with contributions from American and Af- a provision of law enacted prior to the enact- account established pursuant to subsection (a) ghan businesses: Provided further, That of the ment of this Act, shall not be made available for shall be disposed of for such purposes as may be funds appropriated by this Act that are avail- assistance to the government of any country agreed to by the government of that country able for Afghanistan, $20,000,000 should be made which the President determines— and the United States Government. available through United States universities to (1) grants sanctuary from prosecution to any (5) REPORTING REQUIREMENT.—The Adminis- develop agriculture extension services for Af- individual or group which has committed an act trator of the United States Agency for Inter- ghan farmers, $2,000,000 should be made avail- of international terrorism or other gross viola- national Development shall report on an annual able for a United States contribution to the tion of human rights; or basis as part of the justification documents sub- North Atlantic Treaty Organization/Inter- (2) otherwise supports international terrorism. mitted to the Committees on Appropriations on national Security Assistance Force Post-Oper- (b) The President may waive the application the use of local currencies for the administrative ations Humanitarian Relief Fund, and not less of subsection (a) to such government if the requirements of the United States Government than $10,000,000 shall be made available for con- President determines that national security or as authorized in subsection (a)(2)(B), and such tinued support of the United States Agency for humanitarian reasons justify such waiver. The report shall include the amount of local cur- International Development’s Afghan Civilian President shall publish each waiver in the Fed- rency (and United States dollar equivalent) used Assistance Program. eral Register and, at least 15 days before the and/or to be used for such purpose in each ap- NOTIFICATION ON EXCESS DEFENSE EQUIPMENT waiver takes effect, shall notify the Committees plicable country. SEC. 624. Prior to providing excess Department on Appropriations of the waiver (including the (b) SEPARATE ACCOUNTS FOR CASH TRANS- of Defense articles in accordance with section justification for the waiver) in accordance with FERS.— 516(a) of the Foreign Assistance Act of 1961, the the regular notification procedures of the Com- (1) If assistance is made available to the gov- Department of Defense shall notify the Commit- mittees on Appropriations. ernment of a foreign country, under chapter 1 tees on Appropriations to the same extent and DEBT-FOR-DEVELOPMENT or 10 of part I or chapter 4 of part II of the For- under the same conditions as are other commit- SEC. 627. In order to enhance the continued eign Assistance Act of 1961, as cash transfer as- tees pursuant to subsection (f) of that section: participation of nongovernmental organizations sistance or as nonproject sector assistance, that Provided, That before issuing a letter of offer to in debt-for-development and debt-for-nature ex- country shall be required to maintain such sell excess defense articles under the Arms Ex- changes, a nongovernmental organization funds in a separate account and not commingle port Control Act, the Department of Defense which is a grantee or contractor of the United them with any other funds. shall notify the Committees on Appropriations States Agency for International Development (2) APPLICABILITY OF OTHER PROVISIONS OF in accordance with the regular notification pro- may place in interest bearing accounts local LAW.—Such funds may be obligated and ex- cedures of such Committees if such defense arti- currencies which accrue to that organization as pended notwithstanding provisions of law cles are significant military equipment (as de- a result of economic assistance provided under which are inconsistent with the nature of this fined in section 47(9) of the Arms Export Control title III of this Act and, subject to the regular assistance including provisions which are ref- Act) or are valued (in terms of original acquisi- notification procedures of the Committees on erenced in the Joint Explanatory Statement of

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11447 the Committee of Conference accompanying vided, That the application of section 507(4)(D) may provide an exception to the fair oppor- House Joint Resolution 648 (House Report No. and (E) of such Act should be commensurate tunity process for placing task orders under 98–1159). with the level of development of the recipient such contracts when the order is placed with (3) NOTIFICATION.—At least 15 days prior to country and sector, and shall not preclude as- any category of small or small disadvantaged obligating any such cash transfer or nonproject sistance for the informal sector in such country, business. sector assistance, the President shall submit a micro and small-scale enterprise, and (f) VIETNAMESE REFUGEES.—Section 594(a) of notification through the regular notification smallholder agriculture. the Foreign Operations, Export Financing, and procedures of the Committees on Appropriations, COMPREHENSIVE EXPENDITURES REPORT Related Programs Appropriations Act, 2005 (en- which shall include a detailed description of SEC. 633. Not later than 180 days after the acted as division D of Public Law 108–447; 118 how the funds proposed to be made available date of enactment of this Act, the Secretary of Stat. 3038) is amended by striking ‘‘and 2007’’ will be used, with a discussion of the United State shall submit a report to the Committees on and inserting ‘‘through 2009’’. States interests that will be served by the assist- Appropriations detailing the total amount of (g) RECONSTITUTING CIVILIAN POLICE AUTHOR- ance (including, as appropriate, a description of United States Government expenditures in fiscal ITY.—In providing assistance with funds appro- the economic policy reforms that will be pro- year 2006, by Federal agency, for programs and priated by this Act under section 660(b)(6) of the moted by such assistance). activities in each foreign country, identifying Foreign Assistance Act of 1961, support for a na- (4) EXEMPTION.—Nonproject sector assistance the line item as presented in the President’s tion emerging from instability may be deemed to funds may be exempt from the requirements of Budget Appendix and the purpose for which the mean support for regional, district, municipal, subsection (b)(1) only through the notification funds were provided: Provided, That, if re- or other sub-national entity emerging from in- procedures of the Committees on Appropriations. quired, information may be submitted in classi- stability, as well as a nation emerging from in- ENTERPRISE FUND RESTRICTIONS fied form. stability. SEC. 629. (a) Prior to the distribution of any SPECIAL AUTHORITIES (h) CHINA PROGRAMS.—Notwithstanding any assets resulting from any liquidation, dissolu- SEC. 634. (a) AFGHANISTAN, IRAQ, PAKISTAN, other provision of law, of the funds appro- tion, or winding up of an Enterprise Fund, in LEBANON, MONTENEGRO, VICTIMS OF WAR, DIS- priated under the heading ‘‘Development Assist- whole or in part, the President shall submit to PLACED CHILDREN, AND DISPLACED BURMESE.— ance’’ in this Act, not less than $10,000,000 shall the Committees on Appropriations, in accord- Funds appropriated by this Act that are made be made available to United States educational ance with the regular notification procedures of available for assistance for Afghanistan may be institutions and nongovernmental organizations the Committees on Appropriations, a plan for made available notwithstanding section 612 of for programs and activities in the People’s Re- the distribution of the assets of the Enterprise this Act or any similar provision of law and sec- public of China relating to the environment, de- Fund. tion 660 of the Foreign Assistance Act of 1961, mocracy, and the rule of law: Provided, That (b) Funds made available by this Act for En- and funds appropriated in titles II and III of funds made available pursuant to this authority terprise Funds shall be expended at the min- this Act that are made available for Iraq, Leb- shall be subject to the regular notification pro- imum rate necessary to make timely payment for anon, Montenegro, Pakistan, and for victims of cedures of the Committees on Appropriations. projects and activities. war, displaced children, and displaced Burmese, (i) EXTENSION OF AUTHORITY.— INTERNATIONAL FAMILY PLANNING AND and to assist victims of trafficking in persons (1) With respect to funds appropriated by this REPRODUCTIVE HEALTH and, subject to the regular notification proce- Act that are available for assistance for Paki- SEC. 630. (a) Funds appropriated by this Act dures of the Committees on Appropriations, to stan, the President may waive the prohibition may be made available for a United States con- combat such trafficking, may be made available on assistance contained in section 608 of this tribution to the United Nations Population notwithstanding any other provision of law. Act subject to the requirements contained in sec- Fund (UNFPA). (b) TROPICAL FORESTRY AND BIODIVERSITY tion 1(b) of Public Law 107–57, as amended, for (b) None of the funds appropriated by this Act CONSERVATION ACTIVITIES.—Funds appropriated a determination and certification, and consulta- may be made available to UNFPA for a country by this Act to carry out the provisions of sec- tion, by the President prior to the exercise of program in the People’s Republic of China. tions 103 through 106, and chapter 4 of part II, such waiver authority. (c) Funds appropriated by this Act may not be of the Foreign Assistance Act of 1961 may be (2) Notwithstanding the date contained in sec- made available to UNFPA unless— used, notwithstanding any other provision of tion 6 of Public Law 107–57, as amended, the (1) UNFPA maintains amounts made available law, for the purpose of supporting tropical for- provisions of sections 2 and 4 of that Act shall under this section in an account separate from estry and biodiversity conservation activities remain in effect through the current fiscal year. other accounts of UNFPA; and energy programs aimed at reducing green- (j) MIDDLE EAST FOUNDATION.—Funds appro- (2) UNFPA does not commingle amounts made house gas emissions: Provided, That such assist- priated by this Act and prior Acts under the available to UNFPA under this section with ance shall be subject to sections 116, 502B, and heading ‘‘Economic Support Fund’’ that are other sums; and 620A of the Foreign Assistance Act of 1961. available for the Middle East Partnership Ini- (3) UNFPA does not fund abortions. (c) PERSONAL SERVICES CONTRACTORS.—Funds tiative may be made available, including as an AUTHORITIES FOR THE PEACE CORPS, INTER-AMER- appropriated by this Act to carry out chapter 1 endowment, notwithstanding any other provi- ICAN FOUNDATION AND AFRICAN DEVELOPMENT of part I, chapter 4 of part II, and section 667 sion of law and following consultations with the FOUNDATION of the Foreign Assistance Act of 1961, and title Committees on Appropriations, to establish and SEC. 631. Unless expressly provided to the con- II of the Agricultural Trade Development and operate a Middle East Foundation, or any other trary, provisions of this or any other Act, in- Assistance Act of 1954, may be used by the similar entity, whose purpose is to support de- cluding provisions contained in prior Acts au- United States Agency for International Develop- mocracy, governance, human rights, and the thorizing or making appropriations for foreign ment to employ up to 25 personal services con- rule of law in the Middle East region: Provided, operations, export financing, and related pro- tractors in the United States, notwithstanding That such funds may be made available to the grams, shall not be construed to prohibit activi- any other provision of law, for the purpose of Foundation only to the extent that the Founda- ties authorized by or conducted under the Peace providing direct, interim support for new or ex- tion has commitments from sources other than Corps Act, the Inter-American Foundation Act panded overseas programs and activities man- the United States Government to at least match or the African Development Foundation Act. aged by the agency until permanent direct hire the funds provided under the authority of this The agency shall promptly report to the Com- personnel are hired and trained: Provided, That subsection: Provided further, That provisions mittees on Appropriations whenever it is con- not more than 10 of such contractors shall be as- contained in section 201 of the Support for East ducting activities or is proposing to conduct ac- signed to any bureau or office: Provided further, European Democracy (SEED) Act of 1989 (ex- tivities in a country for which assistance is pro- That such funds appropriated to carry out title cluding the authorizations of appropriations hibited. II of the Agricultural Trade Development and provided in subsection (b) of that section and IMPACT ON JOBS IN THE UNITED STATES Assistance Act of 1954, may be made available the requirement that a majority of the members SEC. 632. None of the funds appropriated by only for personal services contractors assigned of the board of directors be citizens of the this Act may be obligated or expended to pro- to the Office of Food for Peace. United States provided in subsection (d)(3(B) of vide— (d)(1) WAIVER.—The President may waive the that section) shall be deemed to apply to any (1) any financial incentive to a business enter- provisions of section 1003 of Public Law 100–204 such foundation or similar entity referred to prise currently located in the United States for if the President determines and certifies in writ- under this subsection, and to funds made avail- the purpose of inducing such an enterprise to ing to the Speaker of the House of Representa- able to such entity, in order to enable it to pro- relocate outside the United States if such incen- tives and the President pro tempore of the Sen- vide assistance for purposes of this section: Pro- tive or inducement is likely to reduce the num- ate that it is important to the national security vided further, That prior to the initial obliga- ber of employees of such business enterprise in interests of the United States. tion of funds for any such foundation or similar the United States because United States produc- (2) PERIOD OF APPLICATION OF WAIVER.—Any entity pursuant to the authorities of this sub- tion is being replaced by such enterprise outside waiver pursuant to paragraph (1) shall be effec- section, other than for administrative support, the United States; or tive for no more than a period of 6 months at a the Secretary of State shall take steps to ensure, (2) assistance for any program, project, or ac- time and shall not apply beyond 12 months after on an ongoing basis, that any such funds made tivity that contributes to the violation of inter- the enactment of this Act. available pursuant to such authorities are not nationally recognized workers rights, as defined (e) SMALL BUSINESS.—In entering into mul- provided to or through any individual or group in section 507(4) of the Trade Act of 1974, of tiple award indefinite-quantity contracts with that the management of the foundation or simi- workers in the recipient country, including any funds appropriated by this Act, the United lar entity knows or has reason to believe, advo- designated zone or area in that country: Pro- States Agency for International Development cates, plans, sponsors, or otherwise engages in

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11448 CONGRESSIONAL RECORD — SENATE September 11, 2007 terrorist activities: Provided further, That sec- about the termination of the Arab League boy- thorities appropriated or otherwise made avail- tion 629 of this Act shall apply to any such cott of Israel, including those to encourage al- able by any subsequent Act unless such Act spe- foundation or similar entity established pursu- lies and trading partners of the United States to cifically so directs. Earmarks or minimum fund- ant to this subsection: Provided further, That enact laws prohibiting businesses from com- ing requirements contained in any other Act the authority of the Foundation, or any similar plying with the boycott and penalizing busi- shall not be applicable to funds appropriated by entity, to provide assistance shall cease to be ef- nesses that do comply. this Act. fective on September 30, 2010. ELIGIBILITY FOR ASSISTANCE ASIA (k) EXTENSION OF AUTHORITY.—Section SEC. 636. (a) ASSISTANCE THROUGH NON- SEC. 638. (a) FUNDING LEVELS.—Of the funds 1365(c) of the National Defense Authorization GOVERNMENTAL ORGANIZATIONS.—Restrictions appropriated by this Act under the headings Act for Fiscal Year 1993 (Public Law 102–484; 22 contained in this or any other Act with respect ‘‘Global Health Programs’’ and ‘‘Development U.S.C. 2778 note) is amended by striking ‘‘Dur- to assistance for a country shall not be con- Assistance’’, not less than the amount of funds ing the 16 year period beginning on October 23, strued to restrict assistance in support of pro- initially allocated for each such account pursu- 1992’’ and inserting ‘‘During the 22 year period grams of nongovernmental organizations from ant to subsection 653(a) of the Foreign Assist- beginning on October 23, 1992’’ before the period funds appropriated by this Act to carry out the ance Act of 1961 for fiscal year 2006 shall be at the end. provisions of chapters 1, 10, 11, and 12 of part I made available for Cambodia, Philippines, Viet- (l) EXTENSION OF AUTHORITY.—The Foreign and chapter 4 of part II of the Foreign Assist- nam, Asia and Near East Regional, and Re- Operations, Export Financing, and Related Pro- ance Act of 1961, and from funds appropriated gional Development Mission/Asia: Provided, grams Appropriations Act, 1990 (Public Law under the heading ‘‘Assistance for Eastern Eu- That for the purposes of this subsection, ‘‘Glob- 101–167) is amended— rope and the Baltic States’’: Provided, That be- al Health Programs’’ shall mean ‘‘Child Sur- (1) in section 599D (8 U.S.C. 1157 note)— fore using the authority of this subsection to vival and Health Programs Fund’’. (A) in subsection (b)(3), by striking ‘‘and furnish assistance in support of programs of (b) BURMA.— 2007’’ and inserting ‘‘2007, and 2008’’; and nongovernmental organizations, the President (1) The Secretary of the Treasury shall in- (B) in subsection (e), by striking ‘‘2007’’ each shall notify the Committees on Appropriations struct the United States executive director to place it appears and inserting ‘‘2008’’; and under the regular notification procedures of each appropriate international financial institu- (2) in section 599E (8 U.S.C. 1255 note) in sub- those committees, including a description of the tion in which the United States participates, to section (b)(2), by striking ‘‘2007’’ and inserting program to be assisted, the assistance to be pro- oppose and vote against the extension by such ‘‘2008’’. vided, and the reasons for furnishing such as- institution any loan or financial or technical (m) WORLD FOOD PROGRAM.—Of the funds sistance: Provided further, That nothing in this assistance or any other utilization of funds of managed by the Bureau for Democracy, Con- subsection shall be construed to alter any exist- the respective bank to and for Burma. flict, and Humanitarian Assistance of the ing statutory prohibitions against abortion or (2) Of the funds appropriated by this Act United States Agency for International Develop- involuntary sterilizations contained in this or under the heading ‘‘Economic Support Fund’’, ment, from this or any other Act, not less than any other Act. not less than $11,000,000 shall be made available $10,000,000 shall be made available as a general (b) PUBLIC LAW 480.—During fiscal year 2008, to support democracy activities in Burma, along contribution to the World Food Program, not- restrictions contained in this or any other Act the Burma-Thailand border, for activities of withstanding any other provision of law. with respect to assistance for a country shall Burmese student groups and other organizations (n) CAPITAL SECURITY COST-SHARING.—Not- not be construed to restrict assistance under the located outside Burma, and for the purpose of withstanding any other provision of law, of the Agricultural Trade Development and Assistance supporting the provision of humanitarian assist- funds appropriated under the heading ‘‘Em- Act of 1954: Provided, That none of the funds ance to displaced Burmese along Burma’s bor- bassy Security, Construction, and Mainte- appropriated to carry out title I of such Act and ders: Provided, That funds made available nance’’, not less than $2,000,000 shall be made made available pursuant to this subsection may under this heading may be made available not- available for the Capital Security Cost-Sharing be obligated or expended except as provided withstanding any other provision of law: Pro- fees of the for fiscal year through the regular notification procedures of vided further, That in addition to assistance for 2008. the Committees on Appropriations. Burmese refugees provided under the heading (o) DEMOBILIZATION, DISARMAMENT, AND RE- (c) EXCEPTION.—This section shall not ‘‘Migration and Refugee Assistance’’ in this INTEGRATION ASSISTANCE.—Notwithstanding apply— Act, not less than $3,000,000 shall be made avail- any other provision of law, policy or regulation, (1) with respect to section 620A of the Foreign able for community-based organizations oper- funds appropriated by this Act and prior acts Assistance Act of 1961 or any comparable provi- ating in Thailand to provide food, medical and making appropriations for foreign operations, sion of law prohibiting assistance to countries other humanitarian assistance to internally dis- export financing, and related programs may be that support international terrorism; or placed persons in eastern Burma: Provided fur- made available to support programs to demobi- (2) with respect to section 116 of the Foreign ther, That funds made available under this lize, disarm, and reintegrate into civilian society Assistance Act of 1961 or any comparable provi- heading shall be subject to the regular notifica- former combatants of foreign governments or or- sion of law prohibiting assistance to the govern- tion procedures of the Committees on Appropria- ganizations who have renounced involvement or ment of a country that violates internationally tions. participation in such organizations. recognized human rights. (c) TIBET.— (p) NONGOVERNMENTAL ORGANIZATIONS.— RESERVATIONS OF FUNDS (1) The Secretary of the Treasury should in- With respect to the provision of assistance for SEC. 637. (a) Funds appropriated under titles struct the United States executive director to democracy, human rights and governance ac- II through V of this Act which are earmarked each international financial institution to use tivities, the organizations implementing such as- may be reprogrammed for other programs within the voice and vote of the United States to sup- sistance and the specific nature of that assist- the same account notwithstanding the earmark port projects in Tibet if such projects do not pro- ance shall not be subject to the prior approval if compliance with the earmark is made impos- vide incentives for the migration and settlement by the government of any foreign country. sible by operation of any provision of this or of non-Tibetans into Tibet or facilitate the ARAB LEAGUE BOYCOTT OF ISRAEL any other Act: Provided, That any such re- transfer of ownership of Tibetan land and nat- SEC. 635. It is the sense of the Congress that— programming shall be subject to the regular no- ural resources to non-Tibetans; are based on a (1) the Arab League boycott of Israel, and the tification procedures of the Committees on Ap- thorough needs-assessment; foster self-suffi- secondary boycott of American firms that have propriations: Provided further, That assistance ciency of the Tibetan people and respect Tibetan commercial ties with Israel, is an impediment to that is reprogrammed pursuant to this sub- culture and traditions; and are subject to effec- peace in the region and to United States invest- section shall be made available under the same tive monitoring. ment and trade in the Middle East and North terms and conditions as originally provided. (2) Notwithstanding any other provision of Africa; (b) In addition to the authority contained in law, not less than $5,000,000 of the funds appro- (2) the Arab League boycott, which was re- subsection (a), the original period of availability priated by this Act under the heading ‘‘Eco- grettably reinstated in 1997, should be imme- of funds appropriated by this Act and adminis- nomic Support Fund’’ should be made available diately and publicly terminated, and the Cen- tered by the United States Agency for Inter- to nongovernmental organizations to support tral Office for the Boycott of Israel immediately national Development that are earmarked for activities which preserve cultural traditions and disbanded; particular programs or activities by this or any promote sustainable development and environ- (3) all Arab League states should normalize other Act shall be extended for an additional mental conservation in Tibetan communities in relations with their neighbor Israel; fiscal year if the Administrator of such agency the Tibetan Autonomous Region and in other (4) the President and the Secretary of State determines and reports promptly to the Commit- Tibetan communities in China, and not less should continue to vigorously oppose the Arab tees on Appropriations that the termination of than $250,000 should be made available to the League boycott of Israel and find concrete steps assistance to a country or a significant change National Endowment for Democracy for human to demonstrate that opposition by, for example, in circumstances makes it unlikely that such rights and democracy programs relating to taking into consideration the participation of designated funds can be obligated during the Tibet. any recipient country in the boycott when de- original period of availability: Provided, That PROHIBITION ON PUBLICITY OR PROPAGANDA termining to sell weapons to said country; and such earmarked funds that are continued avail- SEC. 639. No part of any appropriation con- (5) the President should report to Congress able for an additional fiscal year shall be obli- tained in this Act shall be used for publicity or annually on specific steps being taken by the gated only for the purpose of such designation. propaganda purposes within the United States United States to encourage Arab League states (c) Ceilings and earmarks levels contained in not authorized before the date of the enactment to normalize their relations with Israel to bring this Act shall not be applicable to funds or au- of this Act by the Congress.

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PROHIBITION OF PAYMENTS TO UNITED NATIONS after consultation with and subject to the reg- tablished with regard to the former Yugoslavia MEMBERS ular notification procedures of the Committees by the United Nations Security Council or such SEC. 640. None of the funds appropriated or on Appropriations, provided that no such funds other tribunals or commissions as the Council made available pursuant to this Act for carrying shall be made available for assistance for the may establish or authorize to deal with such out the Foreign Assistance Act of 1961, may be central government of a foreign country that violations, without regard to the ceiling limita- used to pay in whole or in part any assessments, has not paid the total amount of the fully adju- tion contained in paragraph (2) thereof: Pro- arrearages, or dues of any member of the United dicated parking fines and penalties and unpaid vided, That the determination required under Nations or, from funds appropriated by this Act property taxes owed by such country. this section shall be in lieu of any determina- to carry out chapter 1 of part I of the Foreign (c) Subsection (a) shall not include amounts tions otherwise required under section 552(c): Assistance Act of 1961, the costs for participa- that have been withheld under any other provi- Provided further, That funds made available for tion of another country’s delegation at inter- sion of law. tribunals other than Yugoslavia, Rwanda, or national conferences held under the auspices of (d)(1) The Secretary of State may waive the the Special Court for Sierra Leone shall be made multilateral or international organizations. requirements set forth in subsection (a) with re- available subject to the regular notification pro- REQUESTS FOR DOCUMENTS spect to parking fines and penalties no sooner cedures of the Committees on Appropriations. SEC. 641. (a) None of the funds appropriated than 60 days from the date of enactment of this LANDMINES or made available pursuant to this Act shall be Act, or at any time with respect to a particular SEC. 646. Notwithstanding any other provision available to a nongovernmental organization, country, if the Secretary determines that it is in of law, demining equipment available to the including any contractor, which fails to provide the national interests of the United States to do United States Agency for International Develop- upon timely request any document, file, or so. ment and the Department of State and used in record necessary to the auditing requirements of (2) The Secretary of State may waive the re- support of the clearance of landmines and the United States Agency for International De- quirements set forth in subsection (a) with re- unexploded ordnance for humanitarian pur- velopment. spect to the unpaid property taxes if the Sec- poses may be disposed of on a grant basis in for- (b) Notwithstanding any other provision of retary of State determines that it is in the na- eign countries, subject to such terms and condi- law or regulation, the Administrator of the tional interests of the United States to do so. tions as the President may prescribe. United States Agency for International Develop- (e) Not later than 6 months after the initial RESTRICTIONS CONCERNING THE PALESTINIAN ment shall provide to the Committees on Appro- exercise of the waiver authority in subsection AUTHORITY priations, on a timely basis, such information on (d), the Secretary of State, after consultations SEC. 647. None of the funds appropriated by the obligation and expenditure of funds appro- with the City of New York, shall submit a report this Act may be obligated or expended to create priated by this Act and prior Acts, pursuant to to the Committees on Appropriations describing in any part of Jerusalem a new office of any de- grants, cooperative agreements, and contracts a strategy, including a timetable and steps cur- partment or agency of the United States Govern- entered into or financed by the agency, as may rently being taken, to collect the parking fines ment for the purpose of conducting official be requested by the Committee on Appropria- and penalties and unpaid property taxes and United States Government business with the tions to satisfy oversight responsibilities of those interest owed by nations receiving foreign assist- Palestinian Authority over Gaza and Jericho or Committees. ance under this Act. any successor Palestinian governing entity pro- PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN- (f) In this section: vided for in the Israel-PLO Declaration of Prin- MENTS THAT EXPORT LETHAL MILITARY EQUIP- (1) The term ‘‘fully adjudicated’’ includes cir- ciples: Provided, That this restriction shall not MENT TO COUNTRIES SUPPORTING INTER- cumstances in which the person to whom the ve- apply to the acquisition of additional space for NATIONAL TERRORISM hicle is registered— the existing Consulate General in Jerusalem. (A)(i) has not responded to the parking viola- SEC. 642. (a) None of the funds appropriated PROHIBITION OF PAYMENT OF CERTAIN EXPENSES tion summons; or or otherwise made available by this Act may be SEC. 648. None of the funds appropriated or (ii) has not followed the appropriate adjudica- available to any foreign government which pro- otherwise made available by this Act under the tion procedure to challenge the summons; and vides lethal military equipment to a country the heading ‘‘International Military Education and (B) the period of time for payment of or chal- government of which the Secretary of State has Training’’ or ‘‘Foreign Military Financing Pro- lenge to the summons has lapsed. determined is a terrorist government for pur- gram’’ for Informational Program activities or (2) The term ‘‘parking fines and penalties’’ poses of section 6(j) of the Export Administra- under the headings ‘‘Global Health Programs’’, means parking fines and penalties— tion Act of 1979. The prohibition under this sec- ‘‘Development Assistance’’, and ‘‘Economic Sup- (A) owed to— tion with respect to a foreign government shall port Fund’’ may be obligated or expended to pay (i) the District of Columbia; or terminate 12 months after that government for— (ii) New York, New York; and ceases to provide such military equipment. This (1) alcoholic beverages; or section applies with respect to lethal military (B) incurred during the period April 1, 1997, (2) entertainment expenses for activities that equipment provided under a contract entered through September 30, 2007. are substantially of a recreational character, in- (3) The term ‘‘unpaid property taxes’’ means into after October 1, 1997. cluding but not limited to entrance fees at sport- the amount of unpaid taxes and interest deter- (b) Assistance restricted by subsection (a) or ing events, theatrical and musical productions, mined to be owed by a foreign country on real any other similar provision of law, may be fur- and amusement parks. property in the District of Columbia or New nished if the President determines that fur- WESTERN HEMISPHERE nishing such assistance is important to the na- York, New York in a court order or judgment entered against such country by a court of the SEC. 649. (a) CENTRAL AMERICA.—Of the funds tional interests of the United States. appropriated by this Act under the headings (c) Whenever the President makes a deter- United States or any State or subdivision there- of. ‘‘Global Health Programs’’ and ‘‘Development mination pursuant to subsection (b), the Presi- Assistance’’, not less than the amount of funds LIMITATION ON ASSISTANCE FOR THE PLO FOR THE dent shall submit to the appropriate congres- initially allocated for each such account pursu- WEST BANK AND GAZA sional committees a report with respect to the ant to section 653(a) of the Foreign Assistance furnishing of such assistance. Any such report SEC. 644. None of the funds appropriated by Act of 1961 for fiscal year 2006 shall be made shall include a detailed explanation of the as- this Act may be obligated for assistance for the available for El Salvador, Guatemala, Nica- sistance to be provided, including the estimated Palestine Liberation Organization for the West ragua, Honduras, Ecuador, Peru, Bolivia, dollar amount of such assistance, and an expla- Bank and Gaza unless the President has exer- Brazil, Latin America and Caribbean Regional, nation of how the assistance furthers United cised the authority under section 604(a) of the Central America Regional, and South America States national interests. Middle East Peace Facilitation Act of 1995 (title Regional: Provided, That for the purposes of WITHHOLDING OF ASSISTANCE FOR PARKING FINES VI of Public Law 104–107) or any other legisla- this subsection, ‘‘Global Health Programs’’ shall AND REAL PROPERTY TAXES OWED BY FOREIGN tion to suspend or make inapplicable section 307 mean ‘‘Child Survival and Health Programs COUNTRIES of the Foreign Assistance Act of 1961 and that Fund’’. SEC. 643. (a) Subject to subsection (c), of the suspension is still in effect: Provided, That if (b)(1) HAITI.—Of the funds appropriated by funds appropriated under titles II through V by the President fails to make the certification this Act under the headings ‘‘Development As- this Act that are made available for assistance under section 604(b)(2) of the Middle East Peace sistance’’ and ‘‘Economic Support Fund’’, not for a foreign country, an amount equal to 110 Facilitation Act of 1995 or to suspend the prohi- less than $106,200,000 shall be made available for percent of the total amount of the unpaid fully bition under other legislation, funds appro- assistance for Haiti, of which not less than adjudicated parking fines and penalties and un- priated by this Act may not be obligated for as- $5,000,000 shall be for programs to improve court paid property taxes owed by the central govern- sistance for the Palestine Liberation Organiza- administration and reduce pre-trial detention ment of such country shall be withheld from ob- tion for the West Bank and Gaza. and of which not less than $5,000,000 shall be ligation for assistance for the central govern- WAR CRIMES TRIBUNALS DRAWDOWN made available for watershed remediation and ment of such country until the Secretary of SEC. 645. If the President determines that reforestation activities. State submits a certification to the Committees doing so will contribute to a just resolution of (2) The Government of Haiti shall be eligible on Appropriations stating that such parking charges regarding genocide or other violations to purchase defense articles and services under fines and penalties and unpaid property taxes of international humanitarian law, the Presi- the Arms Export Control Act (22 U.S.C. 2751 et are fully paid. dent may direct a drawdown pursuant to sec- seq.), for the Coast Guard. (b) Funds withheld from obligation pursuant tion 552(c) of the Foreign Assistance Act of 1961 (3) None of the funds made available in this to subsection (a) may be made available for of up to $30,000,000 of commodities and services Act under the heading ‘‘International Narcotics other programs or activities funded by this Act, for the United Nations War Crimes Tribunal es- Control and Law Enforcement’’ may be used to

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11450 CONGRESSIONAL RECORD — SENATE September 11, 2007 transfer excess weapons, ammunition or other ‘‘Trade and Development Agency’’ and ‘‘Over- (1) Up to 70 percent of such funds may be obli- lethal property of an agency of the United seas Private Investment Corporation’’, may be gated prior to the certification and report by the States Government to the Government of Haiti obligated and expended notwithstanding section Secretary of State pursuant to paragraph (2). for use by the Haitian National Police until the 10 of Public Law 91–672 and section 15 of the (2) Up to 15 percent of such funds may be obli- Secretary of State certifies to the Committees on State Department Basic Authorities Act of 1956. gated only after the Secretary of State consults Appropriations that the United Nations Mission AVIAN INFLUENZA PREPAREDNESS with, and subsequently certifies and submits a in Haiti has ensured that any members of the SEC. 654. Notwithstanding any other provision written report to, the Committees on Appropria- Haitian National Police who have been credibly of law except section 551 of Public Law 109–102, tions that: alleged to have committed serious crimes, in- of the funds appropriated by this Act under the (A) The Commander General of the Colombian cluding drug trafficking and human rights vio- heading ‘‘Foreign Military Financing Pro- Armed Forces is suspending from the Armed lations, have been suspended. gram’’, $12,500,000 shall be made available to en- Forces those members, of whatever rank who, (c) DOMINICAN REPUBLIC.—Of the funds ap- hance the preparedness of militaries in Asia and according to the Minister of Defense, the Attor- propriated by this Act under the headings Africa to respond to an avian influenza pan- ney General or the Procuraduria General de la ‘‘Global Health Programs’’ and ‘‘Development demic, and of the funds appropriated by this Nacion, have been credibly alleged to have com- Assistance’’, not less than $23,600,000 shall be Act under the heading ‘‘Peacekeeping Oper- mitted gross violations of human rights, includ- made available for assistance for the Dominican ations’’, $12,500,000 shall be transferred to, and ing extra-judicial killings, or to have aided or Republic, of which not less than $5,000,000 shall merged with, funds made available under the abetted paramilitary organizations or successor be made available for basic health care, nutri- heading ‘‘Foreign Military Financing Program’’ armed groups. (B) The Colombian Government is vigorously tion, sanitation, education, and shelter for mi- to be used for this purpose. investigating and prosecuting, in the civilian grant sugar cane workers and other residents of PALESTINIAN STATEHOOD batey communities. justice system, those members of the Colombian SEC. 655. (a) LIMITATION ON ASSISTANCE.— Armed Forces, of whatever rank, who have been LIMITATION ON ASSISTANCE TO THE PALESTINIAN None of the funds appropriated by this Act may AUTHORITY credibly alleged to have committed gross viola- be provided to support a Palestinian state unless tions of human rights, including extra-judicial SEC. 650. (a) PROHIBITION OF FUNDS.—None of the Secretary of State determines and certifies to the funds appropriated by this Act to carry out killings, or to have aided or abetted para- the appropriate congressional committees that— military organizations or successor armed the provisions of chapter 4 of part II of the For- (1) the governing entity of a new Palestinian eign Assistance Act of 1961 may be obligated or groups, and is promptly punishing those mem- state— bers of the Colombian Armed Forces found to expended with respect to providing funds to the (A) has demonstrated a commitment to peace- Palestinian Authority. have committed such violations of human rights ful co-existence with the State of Israel; or to have aided or abetted such organizations (b) WAIVER.—The prohibition included in sub- (B) is taking appropriate measures to counter or successor groups. section (a) shall not apply if the President cer- terrorism and terrorist financing in the West tifies in writing to the Committees on Appropria- (C) The Colombian Armed Forces are cooper- Bank and Gaza, including the dismantling of ating fully with civilian prosecutors and judi- tions that waiving such prohibition is important terrorist infrastructures, and is cooperating with to the national security interests of the United cial authorities in such cases (including pro- appropriate Israeli and other appropriate secu- viding requested information, such as the iden- States. rity organizations; and (c) PERIOD OF APPLICATION OF WAIVER.—Any tity of persons suspended from the Armed Forces (2) the Palestinian Authority (or the gov- and the nature and cause of the suspension, waiver pursuant to subsection (b) shall be effec- erning entity of a new Palestinian state) is tive for no more than a period of 6 months at a and access to witnesses, relevant military docu- working with other countries in the region to es- ments, and other requested information). time and shall not apply beyond 12 months after tablish a just, lasting, and comprehensive peace the enactment of this Act. (D) The Colombian Armed Forces have taken in the Middle East that will enable Israel and all necessary steps to sever links (including de- (d) REPORT.—Whenever the waiver authority an independent Palestinian state to exist within pursuant to subsection (b) is exercised, the nying access to military intelligence, vehicles, the context of full and normal relationships, and other equipment or supplies, and ceasing President shall submit a report to the Commit- which should include— tees on Appropriations detailing the justifica- other forms of active or tacit cooperation) at the (A) termination of all claims or states of bel- command, battalion, and brigade levels, with tion for the waiver, the purposes for which the ligerency; funds will be spent, and the accounting proce- paramilitary organizations and successor armed (B) respect for and acknowledgement of the groups, especially in regions where such organi- dures in place to ensure that the funds are sovereignty, territorial integrity, and political properly disbursed. zations or successor groups have a significant independence of every state in the area through presence. LIMITATION ON ASSISTANCE TO SECURITY FORCES measures including the establishment of demili- (E) The Colombian Government is dismantling SEC. 651. Chapter 1 of part III of the Foreign tarized zones; paramilitary leadership and financial networks Assistance Act of 1961 is amended by adding the (C) their right to live in peace within secure by arresting and prosecuting under civilian following section: and recognized boundaries free from threats or criminal law individuals who have provided fi- ‘‘SEC. 620J. LIMITATION ON ASSISTANCE TO SE- acts of force; nancial, planning, or logistical support, or have CURITY FORCES. (D) freedom of navigation through inter- otherwise aided or abetted paramilitary organi- ‘‘(a) IN GENERAL.—No assistance shall be fur- national waterways in the area; and zations or successor armed groups, by identi- nished under this Act or the Arms Export Con- (E) a framework for achieving a just settle- fying and confiscating land and other assets il- trol Act to any unit of the security forces of a ment of the refugee problem. legally acquired by such organizations or their foreign country if the Secretary of State has (b) SENSE OF CONGRESS.—It is the sense of associates and returning such land or assets to credible evidence that such unit has committed Congress that the governing entity should enact their rightful owners, by revoking reduced sen- gross violations of human rights. a constitution assuring the rule of law, an inde- tences for demobilized paramilitaries who en- ‘‘(b) EXCEPTION.—The prohibition in sub- pendent judiciary, and respect for human rights gage in new criminal activity, and by arresting, section (a) shall not apply if the Secretary de- for its citizens, and should enact other laws and prosecuting under civilian criminal law, and termines and reports to the Committee on For- regulations assuring transparent and account- when requested, promptly extraditing to the eign Relations of the Senate, the Committee on able governance. United States members of successor armed Foreign Affairs of the House of Representatives, (c) WAIVER.—The President may waive sub- groups. and the Committees on Appropriations that the section (a) if he determines that it is important (F) The Colombian Armed Forces are not vio- government of such country is taking effective to the national security interests of the United lating the land and property rights of Colom- measures to bring the responsible members of the States to do so. bia’s indigenous and Afro-Colombian commu- security forces unit to justice. (d) EXEMPTION.—The restriction in subsection nities, and are distinguishing between civilians, ‘‘(c) DUTY TO INFORM.—In the event that (a) shall not apply to assistance intended to including displaced persons, and combatants in funds are withheld from any unit pursuant to help reform the Palestinian Authority and af- their operations. this section, the Secretary of State shall prompt- filiated institutions, or the governing entity, in (3) The balance of such funds may be obli- ly inform the foreign government of the basis for order to help meet the requirements of sub- gated after July 31, 2008, if, before such date, such action and shall, to the maximum extent section (a), consistent with the provisions of sec- the Secretary of State consults with, and subse- practicable, assist the foreign government in tion 650 of this Act (‘‘Limitation on Assistance quently certifies and submits a written report to, taking effective measures to bring the respon- to the Palestinian Authority’’). the Committees on Appropriations, that the Co- sible members of the security forces to justice.’’. COLOMBIA lombian Armed Forces are continuing to meet FOREIGN MILITARY TRAINING REPORT SEC. 656. (a) FUNDING.—Funds appropriated the conditions contained in paragraph (2) and SEC. 652. The annual foreign military training by this Act that are available for assistance for are conducting vigorous operations to restore ci- report required by section 656 of the Foreign As- Colombia shall be made available in the vilian government authority and respect for sistance Act of 1961 shall be submitted by the amounts indicated in the table in the accom- human rights in areas under the effective con- Secretary of Defense and the Secretary of State panying report. trol of paramilitary organizations or successor to the Committees on Appropriations by the date (b) DETERMINATION AND CERTIFICATION RE- armed groups and guerrilla organizations. specified in that section. QUIRED.—Funds appropriated by this Act that (c) REPORT.—The reports required by sub- AUTHORIZATION REQUIREMENT are available for assistance for the Colombian sections (a)(2) and (a)(3) of this section shall SEC. 653. Funds appropriated by this Act, ex- Armed Forces, may be made available as fol- contain, with respect to each such subsection, a cept funds appropriated under the headings lows: detailed description of the actions taken by the

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Colombian Government or Armed Forces which that are made available for assistance for the USER FEES support each requirement of the certification, West Bank and Gaza, up to $500,000 may be SEC. 660. The Secretary of the Treasury shall and the cases or issues brought to the attention used by the Office of the Inspector General of instruct the United States Executive Director at of the Secretary for which the actions taken by the United States Agency for International De- each international financial institution (as de- the Colombian Government or Armed Forces velopment for audits, inspections, and other ac- fined in section 1701(c)(2) of the International have been inadequate. tivities in furtherance of the requirements of Financial Institutions Act) and the Inter- (d) CONGRESSIONAL NOTIFICATION.—Funds this subsection. Such funds are in addition to national Monetary Fund to oppose any loan, made available by this Act for the Colombian funds otherwise available for such purposes. grant, strategy or policy of these institutions Armed Forces shall be subject to the regular no- WAR CRIMINALS that would require user fees or service charges tification procedures of the Committees on Ap- SEC. 659. (a)(1) None of the funds appro- on poor people for primary education or primary propriations. priated or otherwise made available pursuant to healthcare, including prevention and treatment (e) CONSULTATIVE PROCESS.—Not later than 60 this Act may be made available for assistance, for HIV/AIDS, malaria, tuberculosis, and in- days after the date of enactment of this Act, and the Secretary of the Treasury shall instruct fant, child, and maternal well-being, in connec- and every 90 days thereafter until September 30, the United States executive directors to the tion with the institutions’ financing programs. 2008, the Secretary of State shall consult with international financial institutions to vote FUNDING FOR SERBIA Colombian and internationally recognized against any new project involving the extension SEC. 661. (a) Funds appropriated by this Act human rights organizations regarding progress by such institutions of any financial or tech- may be made available for assistance for the in meeting the conditions contained in sub- nical assistance, to any country, entity, or mu- central Government of Serbia after May 31, 2008, section (a). nicipality whose competent authorities have if the President has made the determination and (f) DEFINITIONS.—In this section: failed, as determined by the Secretary of State, certification contained in subsection (c). (1) AIDED OR ABETTED.—The term ‘‘aided or to take necessary and significant steps to imple- (b) After May 31, 2008, the Secretary of the abetted’’ means to provide any support to para- ment its international legal obligations to appre- Treasury should instruct the United States exec- military or successor armed groups, including hend and transfer to the International Criminal utive directors to the international financial in- taking actions which allow, facilitate, or other- Tribunal for the former Yugoslavia (the ‘‘Tri- stitutions to support loans and assistance to the wise foster the activities of such groups. bunal’’) all persons in their territory who have Government of Serbia subject to the conditions (2) PARAMILITARY GROUPS.—The term ‘‘para- been indicted by the Tribunal and to otherwise in subsection (c). military groups’’ means illegal self-defense cooperate with the Tribunal. (c) The determination and certification re- groups and illegal security cooperatives, includ- (2) The provisions of this subsection shall not ferred to in subsection (a) is a determination by ing those groups and cooperatives that have for- apply to humanitarian assistance or assistance the President and a certification to the Commit- merly demobilized but continue illegal oper- for democratization. tees on Appropriations that the Government of ations, as well as parts thereof. (b) The provisions of subsection (a) shall Serbia is— ILLEGAL ARMED GROUPS apply unless the Secretary of State determines (1) cooperating with the International Crimi- SEC. 657. (a) DENIAL OF VISAS.—Subject to and reports to the appropriate congressional nal Tribunal for the former Yugoslavia includ- subsection (b), the Secretary of State shall not committees that the competent authorities of ing access for investigators, the provision of issue a visa to any alien who the Secretary de- such country, entity, or municipality are— documents, timely information on the location, termines, based on credible evidence— (1) cooperating with the Tribunal, including movement, and sources of financial support of (1) has willfully provided any support to the access for investigators to archives and wit- indictees, and the surrender and transfer of Armed Forces of Colombia nesses, the provision of documents, and the sur- indictees or assistance in their apprehension, in- (FARC), the National Liberation Army (ELN), render and transfer of indictees or assistance in cluding Ratko Mladic and Radovan Karadzic; or the United Self-Defense Forces of Colombia their apprehension; and (2) taking steps that are consistent with the (AUC), or successor armed groups, including (2) are acting consistently with the Dayton Dayton Accords to end Serbian financial, polit- taking actions or failing to take actions which Accords. ical, security and other support which has allow, facilitate, or otherwise foster the activi- (c) Not less than 10 days before any vote in an served to maintain separate Republika Srpska ties of such groups; or international financial institution regarding the institutions; and (2) has committed, ordered, incited, assisted, extension of any new project involving financial (3) taking steps to implement policies which or otherwise participated in the commission of or technical assistance or grants to any country reflect a respect for minority rights and the rule gross violations of human rights, including or entity described in subsection (a), the Sec- of law. extra-judicial killings, in Colombia. retary of the Treasury, in consultation with the (d) This section shall not apply to Kosovo, hu- (b) WAIVER.—Subsection (a) shall not apply if Secretary of State, shall provide to the Commit- manitarian assistance or assistance to promote the Secretary of State certifies and reports to the tees on Appropriations a written justification democracy. appropriate congressional committees, on a case- for the proposed assistance, including an expla- COMMUNITY-BASED POLICE ASSISTANCE by-case basis, that the issuance of a visa to the nation of the United States position regarding SEC. 662. (a) AUTHORITY.—Funds made avail- alien is necessary to support the peace process any such vote, as well as a description of the lo- able by this Act to carry out the provisions of in Colombia or for humanitarian reasons. cation of the proposed assistance by munici- chapter 1 of part I and chapter 4 of part II of WEST BANK AND GAZA ASSISTANCE pality, its purpose, and its intended bene- the Foreign Assistance Act of 1961, may be used, SEC. 658. (a) VETTING.—Prior to the obligation ficiaries. notwithstanding section 660 of that Act, to en- of funds appropriated by this Act under the (d) In carrying out this section, the Secretary hance the effectiveness and accountability of ci- heading ‘‘Economic Support Fund’’ for assist- of State, the Administrator of the United States vilian police authority through training and ance for the West Bank and Gaza, the Secretary Agency for International Development, and the technical assistance in human rights, the rule of of State shall take all appropriate steps to en- Secretary of the Treasury shall consult with law, strategic planning, and through assistance sure that such assistance is not provided to or representatives of human rights organizations to foster civilian police roles that support demo- through any individual, private or government and all government agencies with relevant in- cratic governance including assistance for pro- entity, or educational institution that the Sec- formation to help prevent indicted war criminals grams to prevent conflict, respond to disasters, retary knows or has reason to believe advocates, from benefiting from any financial or technical address gender-based violence, and foster im- plans, sponsors, engages in, or has engaged in, assistance or grants provided to any country or proved police relations with the communities terrorist activity. The Secretary of State shall entity described in subsection (a). they serve. terminate assistance to any individual, entity, (e) The Secretary of State may waive the ap- (b) NOTIFICATION.—Assistance provided under or educational institution which the Secretary plication of subsection (a) with respect to subsection (a) shall be subject to prior consulta- has determined to be involved in or advocating projects within a country, entity, or munici- tion with, and the regular notification proce- terrorist activity. pality upon a written determination to the Com- dures of, the Committees on Appropriations. (b) PROHIBITION.—None of the funds appro- mittees on Appropriations that such assistance SPECIAL DEBT RELIEF FOR THE POOREST priated by this Act for assistance under the directly supports the implementation of the SEC. 663. (a) AUTHORITY TO REDUCE DEBT.— West Bank and Gaza program may be made Dayton Accords. The President may reduce amounts owed to the available for the purpose of recognizing or oth- (f) DEFINITIONS.—As used in this section: United States (or any agency of the United erwise honoring individuals who commit, or (1) COUNTRY.—The term ‘‘country’’ means States) by an eligible country as a result of— have committed, acts of terrorism. Bosnia and Herzegovina, Croatia and Serbia. (1) guarantees issued under sections 221 and (c) AUDITS.— (2) ENTITY.—The term ‘‘entity’’ refers to the 222 of the Foreign Assistance Act of 1961; (1) The Administrator of the United States Federation of Bosnia and Herzegovina, Kosovo, (2) credits extended or guarantees issued Agency for International Development shall en- Montenegro and the Republika Srpska. under the Arms Export Control Act; or sure that Federal or non-Federal audits of all (3) MUNICIPALITY.—The term ‘‘municipality’’ (3) any obligation or portion of such obliga- contractors and grantees, and significant sub- means a city, town or other subdivision within tion, to pay for purchases of United States agri- contractors and subgrantees, under the West a country or entity as defined herein. cultural commodities guaranteed by the Com- Bank and Gaza Program, are conducted at least (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac- modity Credit Corporation under export credit on an annual basis to ensure, among other cords’’ means the General Framework Agree- guarantee programs authorized pursuant to sec- things, compliance with this section. ment for Peace in Bosnia and Herzegovina, to- tion 5(f) of the Commodity Credit Corporation (2) Of the funds appropriated by this Act gether with annexes relating thereto, done at Charter Act of June 29, 1948, as amended, sec- under the heading ‘‘Economic Support Fund’’ Dayton, November 10 through 16, 1995. tion 4(b) of the Food for Peace Act of 1966, as

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11452 CONGRESSIONAL RECORD — SENATE September 11, 2007 amended (Public Law 89–808), or section 202 of terms and conditions under which loans may be international monitoring team that is based in the Agricultural Trade Act of 1978, as amended sold, reduced, or canceled pursuant to this sec- Darfur and that has the support of the United (Public Law 95–501). tion. States. (b) LIMITATIONS.— (3) ADMINISTRATION.—The Facility, as defined (c) EXCEPTIONS.—The provisions of subsection (1) The authority provided by subsection (a) in section 702(8) of the Foreign Assistance Act of (a) shall not apply to— may be exercised only to implement multilateral 1961, shall notify the administrator of the agen- (1) humanitarian assistance; official debt relief and referendum agreements, cy primarily responsible for administering part I (2) assistance for Darfur and for areas outside commonly referred to as ‘‘Paris Club Agreed of the Foreign Assistance Act of 1961 of pur- the control of the Government of Sudan; and Minutes’’. chasers that the President has determined to be (3) assistance to support implementation of (2) The authority provided by subsection (a) eligible, and shall direct such agency to carry the Comprehensive Peace Agreement and the may be exercised only in such amounts or to out the sale, reduction, or cancellation of a loan Darfur Peace Agreement or any other inter- such extent as is provided in advance by appro- pursuant to this section. Such agency shall nationally-recognized peace agreement in priations Acts. make adjustment in its accounts to reflect the Sudan. (3) The authority provided by subsection (a) sale, reduction, or cancellation. (d) DEFINITIONS.—For the purposes of this may be exercised only with respect to countries (4) LIMITATION.—The authorities of this sub- Act, the term ‘‘Government of Sudan’’ shall not with heavy debt burdens that are eligible to bor- section shall be available only to the extent that include the Government of Southern Sudan. row from the International Development Asso- appropriations for the cost of the modification, TRANSPARENCY AND ACCOUNTABILITY ciation, but not from the International Bank for as defined in section 502 of the Congressional SEC. 667. (a) UNITED NATIONS DEVELOPMENT Reconstruction and Development, commonly re- Budget Act of 1974, are made in advance. PROGRAM.—Prior to the initial obligation of ferred to as ‘‘IDA-only’’ countries. (b) DEPOSIT OF PROCEEDS.—The proceeds from funds appropriated in this Act under the head- (c) CONDITIONS.—The authority provided by the sale, reduction, or cancellation of any loan ing ‘‘International Organizations and Pro- subsection (a) may be exercised only with re- sold, reduced, or canceled pursuant to this sec- grams’’ for a United States contribution to the spect to a country whose government— tion shall be deposited in the United States Gov- United Nations Development Program (UNDP), (1) does not have an excessive level of military ernment account or accounts established for the the Secretary of State shall certify and report to expenditures; repayment of such loan. the Committees on Appropriations that UNDP (2) has not repeatedly provided support for (c) ELIGIBLE PURCHASERS.—A loan may be is— acts of international terrorism; sold pursuant to subsection (a)(1)(A) only to a (1) giving adequate and appropriate access to (3) is not failing to cooperate on international purchaser who presents plans satisfactory to the information to the United States Mission to the narcotics control matters; President for using the loan for the purpose of United Nations regarding UNDP’s programs and (4) (including its military or other security engaging in debt-for-equity swaps, debt-for-de- activities, as requested, including in North forces) does not engage in a consistent pattern velopment swaps, or debt-for-nature swaps. Korea and Burma; of gross violations of internationally recognized (d) DEBTOR CONSULTATIONS.—Before the sale (2) conducting appropriate oversight of UNDP human rights; and to any eligible purchaser, or any reduction or programs and activities globally; and (5) is not ineligible for assistance because of cancellation pursuant to this section, of any (3) implementing the whistleblower protection the application of section 527 of the Foreign Re- loan made to an eligible country, the President policy established by the United Nations Secre- lations Authorization Act, Fiscal Years 1994 and should consult with the country concerning the tariat in December 2005. 1995. amount of loans to be sold, reduced, or canceled (b) WORLD BANK.—Twenty percent of the (d) AVAILABILITY OF FUNDS.—The authority and their uses for debt-for-equity swaps, debt- funds appropriated by this Act under the head- provided by subsection (a) may be used only for-development swaps, or debt-for-nature ing ‘‘International Development Association’’ with regard to the funds appropriated by this swaps. shall be withheld from disbursement until the Act under the heading ‘‘Debt Restructuring’’. (e) AVAILABILITY OF FUNDS.—The authority Secretary of the Treasury reports to the Commit- (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A provided by subsection (a) may be used only tees on Appropriations that— reduction of debt pursuant to subsection (a) with regard to funds appropriated by this Act (1) the World Bank has made publicly avail- shall not be considered assistance for the pur- under the heading ‘‘Debt Restructuring’’. able, in an appropriate manner, financial dis- poses of any provision of law limiting assistance RECONCILIATION PROGRAMS closure forms of senior World Bank personnel, to a country. The authority provided by sub- SEC. 665. Of the funds appropriated under the including those at the level of managing direc- section (a) may be exercised notwithstanding heading ‘‘Economic Support Fund’’, not less tor, vice president, and above; section 620(r) of the Foreign Assistance Act of than $20,000,000 shall be made available to sup- (2) the World Bank has established a plan 1961 or section 321 of the International Develop- port reconciliation programs and activities and maintains a schedule for conducting reg- ment and Food Assistance Act of 1975. which bring together individuals of different ular, independent audits of internal manage- AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR ethnic, religious, and political backgrounds from ment controls and procedures for meeting oper- SALES areas of civil conflict and war. ational objectives, and is making reports de- SEC. 664. (a) LOANS ELIGIBLE FOR SALE, RE- SUDAN scribing the scope and findings of such audits DUCTION, OR CANCELLATION.— SEC. 666. (a) LIMITATION ON ASSISTANCE.— available to the public; (1) AUTHORITY TO SELL, REDUCE, OR CANCEL Subject to subsection (b): (3) the World Bank is adequately staffing and CERTAIN LOANS.—Notwithstanding any other (1) Notwithstanding section 501(a) of the sufficiently funding the Department of Institu- provision of law, the President may, in accord- International Malaria Control Act of 2000 (Pub- tional Integrity; ance with this section, sell to any eligible pur- lic Law 106–570) or any other provision of law, (4) the World Bank has made publicly avail- chaser any concessional loan or portion thereof none of the funds appropriated by this Act may able the Department of Institutional Integrity’s made before January 1, 1995, pursuant to the be made available for assistance for the Govern- November 23, 2005 ‘‘Report of Investigation into Foreign Assistance Act of 1961, to the govern- ment of Sudan. Reproductive and Child Health I Project Credit ment of any eligible country as defined in sec- (2) None of the funds appropriated by this Act N0180 India’’ and any subsequent detailed im- tion 702(6) of that Act or on receipt of payment may be made available for the cost, as defined plementation review, and is implementing the from an eligible purchaser, reduce or cancel in section 502, of the Congressional Budget Act recommendations of the Department of Institu- such loan or portion thereof, only for the pur- of 1974, of modifying loans and loan guarantees tional Integrity regarding this project, including pose of facilitating— held by the Government of Sudan, including the recommendations concerning the prosecution of (A) debt-for-equity swaps, debt-for-develop- cost of selling, reducing, or canceling amounts individuals engaged in corrupt practices; and ment swaps, or debt-for-nature swaps; or owed to the United States, and modifying (5) the World Bank has made publicly avail- (B) a debt buyback by an eligible country of concessional loans, guarantees, and credit able the ‘‘Volker Panel’’ report regarding the re- its own qualified debt, only if the eligible coun- agreements. view and evaluation of the mandate and au- try uses an additional amount of the local cur- (b) Subsection (a) shall not apply if the Sec- thorities, policies, procedures, practices, inde- rency of the eligible country, equal to not less retary of State determines and certifies and re- pendence, reporting lines, and oversight mecha- than 40 percent of the price paid for such debt ports to the Committees on Appropriations nisms of the World Bank’s Department of Insti- by such eligible country, or the difference be- that— tutional Integrity. tween the price paid for such debt and the face (1) the Government of Sudan is honoring its (c) REPORT.—The Comptroller General of the value of such debt, to support activities that pledges to cease attacks upon civilians and has United States shall conduct an assessment of link conservation and sustainable use of natural disarmed and demobilized the Janjaweed and the financial management and oversight of pro- resources with local community development, other government-supported militias; grams and activities funded under the headings and child survival and other child development, (2) the Government of Sudan and all govern- ‘‘Millennium Challenge Corporation’’, ‘‘Global in a manner consistent with sections 707 ment-supported militia groups are honoring Health Programs’’ (for HIV/AIDS programs), through 710 of the Foreign Assistance Act of their commitments made in all previous cease- and ‘‘Global HIV/AIDS Initiative’’ in this Act 1961, if the sale, reduction, or cancellation fire agreements; and and prior Acts making appropriations for for- would not contravene any term or condition of (3) the Government of Sudan is allowing eign operations, export financing, and related any prior agreement relating to such loan. unimpeded access to Darfur to humanitarian programs. The assessment shall include an ex- (2) TERMS AND CONDITIONS.—Notwithstanding aid organizations, the human rights investiga- amination of donor coordination efforts, and any other provision of law, the President shall, tion and humanitarian teams of the United Na- recommendations for improving financial over- in accordance with this section, establish the tions, including protection officers, and an sight of such programs and activities.

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(d) NATIONAL BUDGET TRANSPARENCY.—(1) for-profit entity, and shall not include entities (f) PROGRAM ACCOUNT CHARGED.—The ac- None of the funds appropriated by this Act may owned in whole or in part by a government or count charged for the cost of an individual be made available for assistance for the central governmental entity. hired and employed under the authority of this government of any country that fails to make (g) REPORT.—Within 90 days from the date of section shall be the account to which such indi- publicly available on an annual basis its na- enactment of this Act, and after consultation vidual’s responsibilities primarily relate. Funds tional budget, to include income and expendi- with the Committees on Appropriations, the Ad- made available to carry out this section may be tures. ministrator of USAID shall submit a report to transferred to and merged and consolidated (2) The Secretary of State may waive sub- those Committees describing the procedures and with funds appropriated for ‘‘Operating Ex- section (d)(1) on a country-by-country basis if mechanisms USAID will use to implement this penses of the United States Agency for Inter- the Secretary reports to the Committees on Ap- section. national Development’’. propriations that to do so is important to the MONITORING OF MILITARY ASSISTANCE (g) MANAGEMENT REFORM PILOT.—Of the national interests of the United States. SEC. 671. Not later than 90 days after enact- funds made available in subsection (a), USAID (3) The reporting requirement pursuant to sec- ment of this Act, the Secretary of State shall may use, in addition to funds otherwise avail- tion 585(b) of Public Law 108–7 regarding fiscal submit a report to the Committees on Appropria- able for such purposes, up to $15,000,000 to fund transparency and accountability in countries tions detailing the procedures being applied, on overseas support costs of members of the Foreign whose central governments receive United States a country-by-country basis, to monitor whether Service with a Foreign Service rank of four or foreign assistance shall apply to this Act. funds appropriated by this Act under the head- below: Provided, That such authority is only EXCESS DEFENSE ARTICLES FOR CENTRAL AND ing ‘‘Foreign Military Financing Program’’ for used to reduce USAID’s reliance on overseas SOUTH EUROPEAN COUNTRIES AND CERTAIN assistance for Bangladesh, Democratic Republic personal services contractors or other nondirect- OTHER COUNTRIES of the Congo, Ethiopia, Pakistan, Philippines, hire employees compensated with funds appro- SEC. 668. Notwithstanding section 516(e) of the and Sri Lanka, are misused by units of the secu- priated to carry out part I of the Foreign Assist- Foreign Assistance Act of 1961 (22 U.S.C. rity forces of such countries against civilians, ance Act of 1961, including funds appropriated 2321j(e)), during fiscal year 2008, funds avail- including civilians who are members of political under the heading ‘‘Assistance for Eastern Eu- able to the Department of Defense may be ex- opposition parties and human rights groups. rope and the Baltic States’’. pended for crating, packing, handling, and DISASTER ASSISTANCE AND RECOVERY (h) DISASTER SURGE CAPACITY.—Funds appro- priated by this Act to carry out part I of the transportation of excess defense articles trans- SEC. 672. (a) Funds made available to the ferred under the authority of section 516 of such Comptroller General under chapter 4 of title I of Foreign Assistance Act of 1961, including funds Act to Albania, Afghanistan, Bulgaria, Croatia, the Emergency Supplemental Appropriations appropriated under the heading ‘‘Assistance for Estonia, Former Yugoslavian Republic of Mac- Act (Public Law 106–31; 113 Stat. 69) and section Eastern Europe and the Baltic States’’, may be edonia, Georgia, India, Iraq, Latvia, Lithuania, 593 of the Foreign Operations, Export Financ- used, in addition to funds otherwise available Moldova, Mongolia, Pakistan, Romania, Slo- ing, and Programs Agencies Appropriations Act, for such purposes, for the cost (including the vakia, and Ukraine. 2001 (Public Law 106–429; 114 Stat. 1900A–59) to support costs) of individuals detailed to or em- ployed by the United States Agency for Inter- ZIMBABWE monitor the provisions of assistance to address national Development whose primary responsi- SEC. 669. The Secretary of the Treasury shall the effects of hurricanes in Central America and bility is to carry out programs in response to instruct the United States executive director to the Caribbean and the earthquake in Colombia, natural disasters. each international financial institution to vote and to monitor the earthquake relief and recon- against any extension by the respective institu- struction efforts in El Salvador under section OPIC TRANSFER AUTHORITY tion of any loans to the Government of 561 of the Foreign Operations, Export Financ- (INCLUDING TRANSFER OF FUNDS) Zimbabwe, except to meet basic human needs or ing, and Programs Agencies Appropriations Act, SEC. 674. Whenever the President determines to promote democracy, unless the Secretary of 2002 (Public Law 107–115; 115 Stat. 2162) shall that it is in furtherance of the purposes of the State determines and certifies to the Committees also be available to the Comptroller General to Foreign Assistance Act of 1961, up to a total of on Appropriations that the rule of law has been monitor any other disaster assistance and recov- $20,000,000 of the funds appropriated under title restored in Zimbabwe, including respect for ery effort. II of this Act may be transferred to and merged ownership and title to property, freedom of (b) This section shall apply with respect to fis- with funds appropriated by this Act for the speech and association. cal year 2008 and each year thereafter. Overseas Private Investment Corporation Pro- DEVELOPMENT GRANTS PROGRAM UNITED STATES AGENCY FOR INTERNATIONAL gram Account, to be subject to the terms and conditions of that account: Provided, That such SEC. 670. (a) ESTABLISHMENT OF THE PRO- DEVELOPMENT MANAGEMENT funds shall not be available for administrative GRAM.—There is established within the United (INCLUDING TRANSFER OF FUNDS) expenses of the Overseas Private Investment States Agency for International Development SEC. 673. (a) AUTHORITY.—Up to $81,000,000 of Corporation: Provided further, That funds ear- (USAID) a Development Grants Program (DGP) the funds made available in this Act to carry marked by this Act shall not be transferred pur- to provide small grants to United States and in- out the provisions of part I of the Foreign As- suant to this section: Provided further, That the digenous nongovernmental organizations for the sistance Act of 1961, including funds appro- exercise of such authority shall be subject to the purpose of carrying out the provisions of chap- priated under the heading ‘‘Assistance for East- regular notification procedures of the Commit- ters 1 and 10 of part I and chapter 4 of part II ern Europe and the Baltic States’’, may be used tees on Appropriations. of the Foreign Assistance Act of 1961. by the United States Agency for International REPORTING REQUIREMENT (b) ELIGIBILITY FOR GRANTS.—Grants from the Development (USAID) to hire and employ indi- DGP shall be made only for proposals of non- viduals in the United States and overseas on a SEC. 675. The Secretary of State shall provide governmental organizations identified in the re- limited appointment basis pursuant to the au- the Committees on Appropriations, not later port accompanying this Act that are rec- thority of sections 308 and 309 of the Foreign than April 1, 2008, and for each fiscal quarter, ommended for consideration for funding by that Service Act of 1980. a report in writing on the uses of funds made report, and for proposals of other nongovern- (b) RESTRICTIONS.— available under the headings ‘‘Foreign Military mental organizations that apply. (1) The number of individuals hired in any fis- Financing Program’’, ‘‘International Military (c) COMPETITION.—To the maximum extent cal year pursuant to the authority contained in Education and Training’’, and ‘‘Peacekeeping practicable, grants made pursuant to the au- subsection (a) may not exceed 175. Operations’’: Provided, That such report shall thority of this section shall be open, transparent (2) The authority to hire individuals con- include a description of the obligation and ex- and competitive. tained in subsection (a) shall expire on Sep- penditure of funds, and the specific country in (d) SIZE OF PROGRAM AND INDIVIDUAL tember 30, 2009. receipt of, and the use or purpose of the assist- GRANTS.— (c) CONDITIONS.—The authority of subsection ance provided by such funds. (1) Of the funds appropriated by this Act to (a) may only be used to the extent that an ENVIRONMENT AND ENERGY CONSERVATION carry out chapter 1 of part I and chapter 4 of equivalent number of positions that are filled by PROGRAMS part II of the Foreign Assistance Act of 1961, not personal services contractors or other nondirect- SEC. 676. (a) BIODIVERSITY.—Of the funds ap- less than $50,000,000 shall be made available for hire employees of USAID, who are compensated propriated under the heading ‘‘Development As- purposes of this section: Provided, That not with funds appropriated to carry out part I of sistance’’, not less than $195,000,000 shall be more than 50 percent of this amount shall be de- the Foreign Assistance Act of 1961, including made available for programs and activities rived from funds appropriated to carry out funds appropriated under the heading ‘‘Assist- which directly protect biodiversity, including chapter 1 of part I of such Act. ance for Eastern Europe and the Baltic States’’, forests, in developing countries, of which not (2) No individual grant, or grant amendment, are eliminated. less than the amount of funds initially allocated made pursuant to this section shall exceed (d) PRIORITY SECTORS.—In exercising the au- pursuant to section 653(a) of the Foreign Assist- $2,000,000. thority of this section, primary emphasis shall ance Act of 1961 for fiscal year 2006 shall be (e) AVAILABILITY OF OTHER FUNDS.—Funds be placed on enabling USAID to meet personnel made available for such activities in Brazil, Co- made available under this section are in addi- positions in technical skill areas currently en- lombia, Ecuador, Peru and Bolivia, and that in tion to other funds available for such purposes cumbered by contractor or other nondirect-hire addition to such amounts for such countries not including funds designated by this Act by sec- personnel. less than $15,000,000 shall be made available for tion 665, Reconciliation Programs. (e) CONSULTATIONS.—The USAID Adminis- the United States Agency for International De- (f) DEFINITION.—For purposes of this section, trator shall consult with the Committees on Ap- velopment’s Amazon Basin Conservation Initia- the term ‘‘nongovernmental organization’’ propriations at least on a quarterly basis con- tive: Provided, That of the funds appropriated means a private and voluntary organization or cerning the implementation of this section. by this Act, not less than $2,000,000 should be

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11454 CONGRESSIONAL RECORD — SENATE September 11, 2007 made available for wildlife conservation and State determines and reports to the Committees mittees on Appropriations and the Committee on protected area management in the Boma-Jonglei on Appropriations that— Foreign Relations of the Senate and the Com- landscape of Southern Sudan, and not less than (1) the Government of Uzbekistan is making mittee on Foreign Affairs of the House of Rep- $17,500,000 shall be made available for the substantial and continuing progress in meeting resentatives describing the following: Congo Basin Forest Partnership of which not its commitments under the ‘‘Declaration on the (1) The defense articles, defense services, and less than $2,500,000 shall be made available to Strategic Partnership and Cooperation Frame- financial assistance provided by the United the United States Fish and Wildlife Service for work Between the Republic of Uzbekistan and States to the countries of Central Asia during wildlife conservation programs in Central Afri- the United States of America’’, including respect the 12-month period ending 30 days prior to sub- ca. for human rights, establishing a genuine multi- mission of such report. (b) ENERGY.— party system, and ensuring free and fair elec- (2) The use during such period of defense arti- (1) Of the funds appropriated by this Act, not tions, freedom of expression, and the independ- cles, defense services, and financial assistance less than $195,000,000 shall be made available to ence of the media; and provided by the United States by units of the support clean energy and other climate change (2) a credible international investigation of armed forces, border guards, or other security programs in developing countries, of which not the May 13, 2005, shootings in Andijan is under- forces of such countries. less than $125,000,000 should be made available way with the support of the Government of Uz- (d) For purposes of this section, the term to directly promote and deploy energy conserva- bekistan. ‘‘countries of Central Asia’’ means Uzbekistan, tion, energy efficiency, and renewable and clean (b) SANCTIONS.—Not later than 90 days after Kazakhstan, Kyrgyz Republic, Tajikistan, and energy technologies with an emphasis on small the date of enactment of this Act, the Secretary Turkmenistan. hydro, solar and wind energy, and of which the of State shall send to the appropriate congres- DISABILITY PROGRAMS balance should be made available to directly: (1) sional committees a list of officials of the Gov- SEC. 679. (a) Of the funds appropriated by this reduce greenhouse gas emissions; (2) increase ernment of Uzbekistan and their immediate fam- Act under the heading ‘‘Economic Support carbon sequestration activities; and (3) support ily members who the Secretary has credible evi- Fund’’, not less than $4,000,000 shall be made climate change mitigation and adaptation pro- dence to believe have been involved in the available for programs and activities adminis- grams. Andijan massacre or in other gross violations of tered by the United States Agency for Inter- (2) The Secretary of State shall convene an human rights in Uzbekistan; national Development (USAID) to address the interagency committee, including appropriate (c) IMPOSITION OF SANCTIONS.—Not later than needs and protect the rights of people with dis- officials of the Department of State, the United 10 days after the list described in subsection (b) abilities in developing countries, of which States Agency for International Development, is submitted to the appropriate congressional $1,500,000 should be made available to disability and the Environmental Protection Agency, to committees, the following sanctions shall apply: advocacy organizations that have expertise in evaluate the specific needs of developing coun- (1) Any individual on the list submitted under working to protect the rights and increasing the tries in adapting to climate change impacts: subsection (b) shall be ineligible for a visa to independence and full participation of people Provided, That the Secretary shall submit a re- enter the United States. with disabilities: Provided, That funds for dis- port to the Committees on Appropriations not (2) No property or interest in property belong- ability advocacy organizations should be used later than September 1, 2008, describing such ing to an individual on the list submitted under for training and technical assistance for foreign needs, on a country-by-country and regional subsection (b), or to a member of the immediate disabled persons organizations in such areas as basis, and the actions planned and being taken family of such individual if the property is ef- advocacy, education, independent living, and by the United States, including funding pro- fectively under the control of such individual, transportation, with the goal of promoting equal vided to developing countries specifically for ad- may be transferred, paid, exported, withdrawn, participation of people with disabilities in devel- aptation to climate change impacts. or otherwise dealt with, if the property is within oping countries: Provided further, That USAID (c) EXTRACTION OF NATURAL RESOURCES.— the United States or within the possession or should seek to disburse at lease 25 percent of the (1) The Secretary of the Treasury shall inform control of a United States person, including the funds made available pursuant to this sub- the managements of the international financial overseas branch of such person, or after the section in the form of small grants. institutions and the public that it is the policy date of the enactment of this Act comes within (b) Funds appropriated under the heading of the United States that any assistance by such the control of such person. ‘‘Operating Expenses of the United States Agen- institutions (including but not limited to any (3) No United States person may engage in fi- cy for International Development’’ shall be loan, credit, grant, or guarantee) for the extrac- nancial transactions with an individual on the made available to develop and implement train- tion and export of oil, gas, coal, timber, or other list submitted under subsection (b), or with a ing for staff in overseas USAID missions to pro- natural resource should not be provided unless member of the immediate family of such indi- mote the full inclusion and equal participation the government of the country has in place vidual if the transaction will benefit an indi- of people with disabilities in developing coun- functioning systems for: (A) accurately account- vidual on the list submitted under subsection tries. ing for revenues and expenditures in connection (b). (c) The Secretary of State, the Secretary of the with the extraction and export of the type of (c) FREEZING OF ASSETS.— Treasury, and the Administrator of USAID shall natural resource to be extracted or exported; (B) (1) IN GENERAL.—The Secretary of the Treas- seek to ensure that, where appropriate, con- the independent auditing of such accounts and ury shall immediately block any assets, prop- struction projects funded by this Act are acces- the widespread public dissemination of the au- erty, transactions in foreign exchange, cur- sible to people with disabilities and in compli- dits; and (C) verifying government receipts rency, or securities, and transfers of credit or ance with the USAID Policy on Standards for against company payments including wide- payments between, by, through, or to any bank- Accessibility for the Disabled, or other similar spread dissemination of such payment informa- ing institution under the jurisdiction of the accessibility standards. tion, and disclosing such documents as Host United States of an individual identified under (d) Of the funds made available pursuant to Government Agreements, Concession Agree- subsection (b) of this section. subsection (a), not more than 7 percent may be ments, and bidding documents, allowing in any (2) REPORTING REQUIREMENT.—Not later than for management, oversight and technical sup- such dissemination or disclosure for the redac- 15 days after a decision to freeze the assets iden- port. tion of, or exceptions for, information that is tified in this subsection of any individual identi- (e) Not later than 180 days after the date of commercially proprietary or that would create fied under subsection (b), the Secretary of the enactment of this Act, and 180 days thereafter, competitive disadvantage. Treasury shall— the Administrator of USAID shall submit a re- (2) Not later than 180 days after the enact- (A) report the name of such individual to the port describing the programs, activities, and or- ment of this Act, the Secretary of the Treasury Committees on Appropriations; and ganizations funded pursuant to this section. shall submit a report to the Committees on Ap- (B) require any United States financial insti- NEGLECTED TROPICAL DISEASES propriations describing, for each international tution holding such funds or assets to promptly SEC. 680. Of the funds appropriated under the financial institution, the amount and type of report those funds and assets to the Office of heading ‘‘Global Health Programs’’, not less assistance provided, by country, for the extrac- Foreign Assets Control. than $15,000,000 shall be made available for con- tion and export of oil, gas, coal, timber, or other CENTRAL ASIA tinued support of the United States Agency for national resource since September 30, 2007, and SEC. 678. (a) Funds appropriated by this Act International Development’s cooperative agree- whether each institution considered, in its pro- may be made available for assistance for the ment to implement an integrated response to the posal for such assistance, the extent to which Government of Kazakhstan only if the Secretary control of neglected diseases including intestinal the country has functioning systems described of State determines and reports to the Commit- parasites, schistosomiasis, lymphatic filariasis, in paragraph (c)(1). tees on Appropriations that the Government of onchocerciasis, trachoma and leprosy: Provided, (d) Funds appropriated under titles II, III and Kazakhstan has made significant improvements That the Administrator of the United States IV of this Act shall to the maximum extent prac- in the protection of human rights during the Agency for International Development shall ticable, be subject to the provisions of section preceding 6 month period. work with relevant technical organizations ad- 117 (relating to environment and natural re- (b) The Secretary of State may waive sub- dressing the specific diseases, recipient coun- sources) of the Foreign Assistance Act of 1961. section (a) if the Secretary determines and re- tries, donor countries, the private sector, UZBEKISTAN ports to the Committees on Appropriations that UNICEF and the World Health Organization to SEC. 677. (a) LIMITATION ON ASSISTANCE.— such a waiver is important to the national secu- develop a multilateral, integrated initiative to Funds appropriated by this Act may be made rity of the United States. control these diseases that will enhance coordi- available for assistance for the central Govern- (c) Not later than October 1, 2008, the Sec- nation and effectiveness and maximize the lever- ment of Uzbekistan only if the Secretary of retary of State shall submit a report to the Com- age of United States contributions with those of

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11455 other donors: Provided further, That funds (1) in subsection (o)(1)(B) by striking ‘‘fiscal (B) the Committee on Appropriations and the made available pursuant to this section shall be year 2006 or fiscal year 2007’’ and inserting ‘‘fis- Committee on Foreign Relations of the Senate. subject to the regular notification procedures of cal years 2006 through 2008’’. Section 1054 of (2) FOREIGN TERRORIST ORGANIZATION.—The the Committees on Appropriations. Public Law 109–364 is amended by striking ‘‘fis- term ‘‘foreign terrorist organization’’ means an ORPHANS, DISPLACED AND ABANDONED CHILDREN cal year 2006’’ and inserting ‘‘fiscal years 2006 organization designated as a terrorist organiza- SEC. 681. Of the funds appropriated under through 2008’’; and tion under section 219 of the Immigration and title III of this Act, $3,000,000 should be made (2) by adding at the end of such section the Nationality Act. available for activities to improve the capacity following subsection: INDONESIA of foreign government agencies and nongovern- ‘‘(p) RULE OF CONSTRUCTION.—For the pur- SEC. 685. Of the funds appropriated under the mental organizations to prevent child abandon- poses of carrying out the duties of the Inspector heading ‘‘Foreign Military Financing Pro- ment, address the needs of orphans, displaced General, any United States funds appropriated gram’’, $15,700,000 may be made available for as- and abandoned children and provide permanent or otherwise made available for fiscal years 2006 sistance for Indonesia, and an additional homes through family reunification, guardian- through 2008 for the reconstruction of Iraq, irre- $2,000,000 may be made available when the Sec- ship and domestic adoptions: Provided, That spective of the designation of such funds, shall retary of State reports to the Committees on Ap- funds made available under title III of this Act be deemed to be amounts appropriated or other- propriations that the Government of Indonesia should be made available, as appropriate, con- wise made available to the Iraq Relief and Re- has written plans to effectively— sistent with— construction Fund.’’. (1) provide accountability for past violations (1) the goal of enabling children to remain in DEMOBILIZATION AND DISARMAMENT IN of human rights by members of the Indonesian the care of their family of origin, but when not COLOMBIA military; possible, placing children in permanent homes SEC. 684. (a) AVAILABILITY OF FUNDS.—Of the (2) allow public access to West Papua; and through adoption; funds appropriated in this Act, up to $12,000,000 (3) pursue the criminal investigation, and pro- (2) the principle that such placements should may be made available in fiscal year 2008 for as- vide the projected timeframe for completing the be based on informed consent which has not sistance for the demobilization and reintegration investigation, of the murder of Munir Said been induced by payment or compensation; of former members of foreign terrorist organiza- Thalib. (3) the view that long-term foster care or insti- tions (FTOs) in Colombia, if the Secretary of ASSISTANCE FOR GUATEMALA tutionalization are not permanent options and State consults with and makes a certification SEC. 686. (a) Funds appropriated by this Act should be used when no other suitable perma- described in subsection (b) to the Committees on under the heading ‘‘International Military Edu- nent options are available; and Appropriations prior to the initial obligation of cation and Training’’ that are available for as- (4) the recognition that programs that protect amounts for such assistance for the fiscal year sistance for Guatemala, other than for expanded and support families can reduce the abandon- involved. international military education and training, ment and exploitation of children. (b) CERTIFICATION.—A certification described may be made available only for the Guatemalan COORDINATOR OF ACTIVITIES RELATING TO in this subsection is a certification that— Air Force and Navy: Provided, That such funds INDIGENOUS PEOPLES INTERNATIONALLY (1) assistance for the fiscal year will be pro- may be made available only if the Secretary of SEC. 682. (a) COORDINATOR.—After consulta- vided only for individuals who have: (A) State certifies that the Guatemalan Air Force tion with the Committees on Appropriations and verifiably renounced and terminated any affili- and Navy are respecting human rights and are not later than 90 days after the enactment of ation or involvement with FTOs or other illegal cooperating with civilian judicial investigations this Act, there shall be established within the armed groups; (B) are meeting all the require- and prosecutions of military personnel who Department of State in the immediate office of ments of the Colombia Demobilization Program, have been credibly alleged to have committed the Director of United States Foreign Assistance including having disclosed their involvement in violations of human rights. a Coordinator of Activities Relating to Indige- past crimes and their knowledge of the FTO’s (b) Of the funds appropriated by this Act nous Peoples Internationally (hereinafter in this structure, financing sources, illegal assets, and under the heading ‘‘Foreign Military Financing section referred to as the ‘‘Coordinator’’), who the location of kidnapping victims and bodies of Program’’, not more than $500,000 may be made shall be appointed by the Director. The Coordi- the disappeared; and (C) are not involved in available for the Guatemalan Air Force and nator shall report directly to the Director. acts of intimidation or violence; Navy: Provided, That such funds may be made (b) RESPONSIBILITIES.—The Coordinator shall: (2) the Government of Colombia is providing available only if the Secretary of State certifies (1) Serve as a principal advisor to the Director full cooperation to the Government of the that the Guatemalan Air Force and Navy are re- of United States Foreign Assistance and the Ad- United States to extradite the leaders and mem- specting human rights and are cooperating with ministrator of the United States Agency for bers of the FTOs who have been indicted in the civilian judicial investigations and prosecutions International Development on matters relating United States for murder, kidnapping, narcotics of military personnel who have been credibly al- to the rights and needs of indigenous peoples trafficking, or other violations of United States leged to have committed violations of human internationally and should represent the United law, and is immediately extraditing to the rights, and the Guatemalan Armed Forces are States Government on such matters in meetings United States those commanders, leaders and fully cooperating with the International Com- with foreign governments and multilateral insti- members indicted in the United States who have tutions. mission Against Impunity in Guatemala. breached the terms of the Colombia Demobiliza- (c) Funds made available for assistance for (2) Provide for the oversight and coordination tion Program, including by failing to fully con- of all resources, programs, projects, and activi- Guatemala under the headings referred to in fess their crimes, failing to disclose their illegal this section shall be subject to the regular notifi- ties of the United States Government to protect assets, or committing new crimes since the ap- the rights and address the needs of indigenous cation procedures of the Committees on Appro- proval of the Justice and Peace Law; priations. peoples internationally; and (3) the Government of Colombia is not taking CHILD SOLDIERS (3) Develop and coordinate assistance strate- any steps to legalize the titles of land or other gies with specific goals, guidelines, benchmarks, assets illegally obtained and held by FTOs, their SEC. 687. (a) No military assistance shall be and impact assessments (including support for associates, or successors, has established effec- furnished with funds appropriated by this Act local indigenous peoples’ organizations). tive procedures to identify such land and other and, during the current fiscal year, no military (c) FUNDS.—Of the funds appropriated by this assets, and is confiscating and returning such equipment or technology shall be sold or trans- Act under the heading ‘‘Diplomatic and Con- land and other assets to their rightful owners; ferred pursuant to the authorities contained in sular Programs’’, not less than $250,000 shall be (4) the Government of Colombia is imple- this Act or any other Act, to the government of made available for implementing the provisions menting a concrete and workable framework for a country that is identified by the Department of this section. dismantling the organizational structures of for- of State’s 2006 Country Reports on Human (d) REPORT.—Not later than one year after eign terrorist organizations; and Rights Practices as having governmental armed the enactment of this Act, the Secretary shall (5) funds shall not be made available as cash forces or government-supported armed groups, submit a report to the Committees on Appropria- payments to individuals and are available only including paramilitaries, militias, or civil de- tions describing progress made in implementing for activities under the following categories: fense forces, forces that recruit or use child sol- this section. verification, reintegration (including training diers. OVERSIGHT OF IRAQ RECONSTRUCTION and education), vetting, recovery of assets for (b) The Secretary of State may provide assist- SEC. 683. Subsection (o) of section 3001 of the reparations for victims, and investigations and ance or defense articles otherwise prohibited Emergency Supplemental Appropriations Act for prosecutions. under subsection (a) to a country upon certi- Defense and for the Reconstruction of Iraq and (c) NOTIFICATION.—Funds made available by fying to the Committees on Appropriations that Afghanistan, 2004 (Public Law 108–106; 117 Stat. this Act for demobilization and reintegration of the government of such country has imple- 1234; 5 U.S.C. App. 3 section 8G note), as members of FTOs shall be subject to the regular mented effective measures to demobilize children amended by section 1054(b) of the John Warner notification procedures of the Committees on from its forces or from government-supported National Defense Authorization Act for Fiscal Appropriations. armed groups and prohibit and prevent the fu- Year 2007 (Public Law 109–364; 129 Stat. 2397), (d) DEFINITIONS.—In this section: ture recruitment or use of child soldiers. section 2 of the Iraq Reconstruction Account- (1) APPROPRIATE CONGRESSIONAL COMMIT- (c) The Secretary of State may waive the ap- ability Act of 2006 (Public Law 109–440), and TEES.—The term ‘‘appropriate congressional plication to a country of the prohibition in sub- section 3801 of the U.S. Troop Readiness, Vet- committees’’ means— section (a) if the Secretary determines and re- erans’ Care, Katrina Recovery, and Iraq Ac- (A) the Committee on Appropriations and the ports to the Committees on Appropriations that countability Appropriations Act, 2007 (Public Committee on Foreign Affairs of the House of such waiver is important to the national interest Law 110–28) is amended— Representatives; and of the United States.

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PHILIPPINES (3) the Sri Lankan Government has agreed to World Bank, the purposes of which should in- SEC. 688. Of the funds appropriated by this the establishment of a field presence of the Of- clude— Act under the heading ‘‘Foreign Military Fi- fice of the United Nations High Commissioner (A) to assist poor countries in investigations nancing Program’’, not to exceed $30,000,000 for Human Rights in Sri Lanka. and prosecutions of fraud and corruption re- may be made available for assistance for the PEACE CORPS SEPARATION PAY lated to loans, grants, or credits of the World Philippines, and an additional $2,000,000 may be SEC. 691. (a) ESTABLISHMENT OF FUND.—There Bank; and made available when the Secretary of State re- is established in the Treasury of the United (B) to determine whether such a program ports to the Committees on Appropriations States a fund for the Peace Corps to provide should be carried out at other multilateral de- that— separation pay for host country resident per- velopment banks. (2) POOR COUNTRIES DEFINED.—In this sub- (1) the Philippine Government is implementing sonal services contractors of the Peace Corps. section, the term ‘‘poor countries’’ means coun- the recommendations of the United Nations Spe- (b) FUNDING.—The Director of the Peace tries eligible to borrow from the International cial Rapporteur on Extrajudicial, Summary or Corps may deposit in such fund— Development Association. Arbitrary Executions; (1) amounts previously obligated and not can- (3) REPORT.—Not later than 180 days after en- (2) the Philippine Government is implementing celed for separation pay of host country resident actment of this Act, the Secretary shall submit a policy of promoting military personnel who personal services contractors of the Peace Corps; to the appropriate congressional committees a demonstrate professionalism and respect for and report detailing the actions taken to establish human rights, and is investigating and pros- (2) amounts obligated for fiscal years after ecuting military personnel and others who have the Anti-Corruption Trust. 2006 for the current and future costs of separa- (c) AUTHORIZATIONS.— been credibly alleged to have committed tion pay for host country resident personal serv- (1) Section 501(i) of title V of H.R. 3425 as en- extrajudicial executions or other violations of ices contractors of the Peace Corps. acted into law by section 1000(a)(5) of Public human rights; and (c) AVAILABILITY.—Beginning in fiscal year law 106–113, as amended by section 591(b) of Di- (3) the Philippine military is not engaging in 2007 and thereafter, amounts in the fund are vision D of Public Law 108–447, is further acts of intimidation or violence against members available without fiscal year limitation for sev- amended by striking ‘‘fiscal’’ and all that fol- of legal organizations who advocate for human erance, retirement, or other separation pay- lows through ‘‘which’’ and inserting in lieu rights. ments to host country resident personal services thereof ‘‘fiscal years 2000–2010, which’’. PAKISTAN contractors of the Peace Corps in countries (2) Section 801(b)(1)(ii) of Public Law 106–429, SEC. 689. (a) Of the funds appropriated by this where such pay is legally authorized. as amended by section 591(a)(2) of Division D of Act under the heading ‘‘Foreign Military Fi- MULTILATERAL DEVELOPMENT BANKS Public law 108–447, is further amended by strik- nancing Program’’, $300,000,000 may be made SEC. 692. (a) INDEPENDENT AUDITING AND IN- ing ‘‘fiscal years 2004–2006’’ and by inserting in available for assistance for Pakistan, unless the SPECTOR GENERAL.—The Secretary of the Treas- lieu thereof ‘‘fiscal years 2004–2010.’’. Secretary of State reports to the Committees on ury shall instruct the United States Executive MILLENNIUM CHALLENGE CORPORATION Appropriations that the Government of Paki- Director to each multilateral development bank SEC. 693. Section 607(b) of the Millennium stan is not— to inform the bank of, and use the voice and Challenge Act of 2003 (22 U.S.C. 7706) is amend- (1) making effective and consistent efforts to vote of the United States to achieve at the bank, ed— prevent Al Qaeda and associated terrorist the following United States policy goals: (1) in paragraph (2)(B) by striking ‘‘and the groups from operating in the territory of Paki- (1) Each multilateral development bank sustainable management of natural resources’’; stan, including by eliminating terrorist training should— (2) in paragraph (3)— camps or facilities, arresting members of Al (A) establish an independent Office of Inspec- (A) in subparagraph (A), by striking ‘‘and’’; Qaeda and associated terrorist groups, and tor General, establish or strengthen an inde- (B) in subparagraph (B), by striking the pe- countering recruitment efforts; pendent auditing function at the bank, and re- riod and inserting ‘‘; and’’; and (2) making effective and consistent efforts to quire that the Inspector General and the audit- (C) by adding the following subparagraph: prevent the Taliban from using the territory of ing function report directly to the board of di- ‘‘(C) promote the protection of biodiversity Pakistan as a sanctuary from which to launch rectors of the bank; and and the transparent and sustainable manage- attacks within Afghanistan, including by ar- (B) adopt and implement an internationally ment and use of natural resources.’’. resting Taliban leaders, stopping cross-border recognized internal controls framework, allocate MATERIAL SUPPORT incursions, and countering recruitment efforts; adequate staffing to auditing and supervision, RELIEF FOR IRAQI, MONTAGNARDS, HMONG AND and require external audits of internal controls, and OTHER REFUGEES WHO DO NOT POSE A THREAT (3) implementing democratic reforms, includ- external audits of loans where fraud is sus- TO THE UNITED STATES ing by— pected. SEC. 694. (a) AMENDMENT TO AUTHORITY TO (A) allowing free, fair and inclusive elections (2) Each multilateral development bank DETERMINE THE BAR TO ADMISSION INAPPLI- in accordance with internationally recognized should establish effective procedures for the re- CABLE.—Section 212(d)(3)(B)(i) of the Immigra- democratic norms; ceipt, retention, and treatment of— tion and Nationality Act (8 U.S.C. (B) ensuring freedom of expression and ending (A) complaints received by the bank regarding 1182(d)(3)(B)(i)) is amended to read as follows: harassment of journalists and government crit- fraud, accounting, mismanagement, internal ac- ‘‘The Secretary of State, after consultation ics by security and intelligence forces; and counting controls, or auditing matters; and with the Attorney General and the Secretary of (C) respecting the independence of the judici- (B) the confidential, anonymous submission, Homeland Security, or the Secretary of Home- ary and implementing judicial decisions. particularly by employees of the bank, of con- land Security, after consultation with the Sec- (b) If the Secretary reports pursuant to sub- cerns regarding fraud, accounting, mismanage- retary of State and the Attorney General, may section (a), funds that are available for assist- ment, internal accounting controls, or auditing determine in such Secretary’s sole unreviewable ance for Pakistan pursuant to this section matters. discretion that subsection (a)(3)(B) shall not which have not been made available may be (b) WORLD BANK INSPECTION PANEL.—The apply with respect to an alien within the scope transferred to and merged with funds appro- Secretary of the Treasury shall instruct the of that subsection or that subsection priated by this Act under the heading ‘‘Eco- United States Executive Director to the World (a)(3)(B)(vi)(III) shall not apply to a group nomic Support Fund’’ and used for basic edu- Bank to inform the Bank of, and use the voice within the scope of that subsection, except that cation, health, micro-enterprise development, and vote of the United States to achieve trans- no such waiver may be extended to an alien who and democracy programs in Pakistan. parency reforms of the selection process for is within the scope of subsection (a)(3)(B)(i)(II), SRI LANKA members of the World Bank Inspection Panel, no such waiver may be extended to an alien who SEC. 690. None of the funds appropriated by including— is a member or representative of, has voluntarily this Act under the heading ‘‘Foreign Military (1) Widely circulating Inspection Panel posi- and knowingly engaged in or endorsed or es- Financing Program’’ may be made available for tion vacancy announcements on the Inspection poused or persuaded others to endorse or assistance for Sri Lanka, no defense export li- Panel’s website and in appropriate publications; espouse or support terrorist activity on behalf cense may be issued, and no military equipment (2) Notifying civil society organizations on the of, or has voluntarily and knowingly received or technology shall be sold or transferred to Sri Inspection Panel’s website and on other appro- military-type training from a terrorist organiza- Lanka pursuant to the authorities contained in priate World Bank websites and inviting nomi- tion that is described in subclause (I) or (II) of this Act or any other Act, unless the Secretary nations from such groups; subsection (a)(3)(B)(vi), and no such waiver of State certifies and reports to the Committees (3) Making public the schedule of the selection may be extended to a group that has engaged on Appropriations that— process; terrorist activity against the United States or (1) the Sri Lankan military is suspending and (4) Posting the list of nominees and applicants another democratic country or that has pur- the Sri Lankan Government is bringing to jus- on the Inspection Panel’s website; and posefully engaged in a pattern or practice of ter- tice members of the military who have been (5) Including a civil society representative on rorist activity that is directed at civilians. Such credibly alleged to have committed gross viola- the World Bank selection committee for the In- a determination shall neither prejudice the abil- tions of human rights, including extrajudicial spection Panel member. ity of the United States Government to com- executions and the recruitment of child soldiers; (c) ANTI-CORRUPTION TRUST PILOT PRO- mence criminal or civil proceedings involving a (2) the Sri Lankan Government has provided GRAM.— beneficiary of such a determination or any other unimpeded access to humanitarian organiza- (1) AUTHORITY.—The Secretary of the Treas- person, nor create any substantive or procedural tions and journalists to Tamil areas of the coun- ury shall seek the creation of a pilot program right or benefit for a beneficiary of such a deter- try; and that establishes an Anti-Corruption Trust at the mination or any other person. Notwithstanding

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 11, 2007 CONGRESSIONAL RECORD — SENATE S11457 any other provision of law (statutory or non- munitions, no defense export license for cluster for a United States contribution to the Global statutory), including section 2241 of title 28, or munitions may be issued, and no cluster muni- Fund to Fight AIDS, Tuberculosis, and Malaria any other habeas corpus provision, and sections tions or cluster munitions technology shall be is hereby increased by $40,000,000. 1361 and 1651 of such title, no court shall have sold or transferred, unless— (c) Of the unobligated balances of amounts jurisdiction to review such a determination or (1) the submunitions of the cluster munitions appropriated or otherwise made available in revocation except in a proceeding for review of have a 99 percent or higher tested rate; and prior appropriations Acts under the heading a final order of removal pursuant to section 1252 (2) the agreement applicable to the assistance, ‘‘Economic Support Fund’’, $40,000,000 is re- of this title, and review shall be limited to the transfer, or sale of the cluster munitions or clus- scinded. extent provided in section 1252(a)(2)(D). The ter munitions technology specifies that the clus- REFERENCES Secretary of State may not exercise the discre- ter munitions will only be used against clearly SEC. 699A. Except as otherwise provided, any tion provided in this clause with respect to an defined military targets and will not be used reference in titles II through V, including the alien at any time during which the alien is the where civilians are known to be present. general provisions for such titles, to ‘‘this Act’’ subject of pending removal proceedings under CUBA shall be deemed to be a reference to titles II section 1229a of this title.’’. SEC. 696. (a) Subject to subsection (b), of the through V of the Department of State, Foreign (b) AUTOMATIC RELIEF FOR THE HMONG AND funds appropriated by this Act under the head- Operations, and Related Programs Appropria- OTHER GROUPS THAT DO NOT POSE A THREAT ing ‘‘International Narcotics Control and Law tions Act, 2008. TO THE UNITED STATES.—For purposes of section Enforcement’’, $1,000,000 shall be made available SUPPORT FOR DEMOCRACY, THE RULE OF LAW, 212(a)(3)(B) of the Immigration and Nationality for preliminary work by the Department of AND GOVERNANCE IN IRAN Act (8 U.S.C. 1182(a)(3)(B)), the Karen National State, or such other entity as the Secretary of SEC. 699B. Of the amount appropriated or oth- Union/Karen Liberation Army (KNU/KNLA), State may designate, to establish cooperation erwise made available by title III for other bilat- the Chin National Front/Chin National Army with appropriate agencies of the Government of eral economic assistance under the heading (CNF/CNA), the Chin National League for De- Cuba on counter-narcotics matters, including ‘‘ECONOMIC SUPPORT FUND’’, $75,000,000 shall be mocracy (CNLD), the Kayan New Land Party matters relating to cooperation, coordination, made available for programs of the Bureau of (KNLP), the Arakan Liberation Party (ALP), and mutual assistance in the interdiction of il- Near Eastern Affairs of the Department of State the Mustangs, the Alzados, the Karenni Na- licit drugs being transported through Cuba air- to support democracy, the rule of law, and gov- tional Progressive Party, and appropriate space or over Cuba waters. ernance in Iran. groups affiliated with the Hmong and the (b) The amount in subsection (a) shall not be REMOVAL OF CERTAIN RESTRICTIVE ELIGIBILITY Montagnards shall not be considered to be a ter- available if the Secretary certifies to the Com- rorist organization on the basis of any act or REQUIREMENTS APPLICABLE TO FOREIGN NON- mittees on Appropriations that— GOVERNMENTAL ORGANIZATIONS event occurring before the date of enactment of (1) Cuba does not have in place appropriate this section. Nothing in this subsection may be SEC. 699C. Notwithstanding any other provi- procedures to protect against the loss of inno- sion of law, regulation, or policy, in determining construed to alter or limit the authority of the cent life in the air and on the ground in connec- Secretary of State or the Secretary of Homeland eligibility for assistance authorized under part I tion with the interdiction of illegal drugs; and of the Foreign Assistance Act of 1961 (22 U.S.C. Security to exercise his discretionary authority (2) there is credible evidence of involvement of pursuant to 212(d)(3)(B)(i) of the Immigration 2151 et seq.), foreign nongovernmental organiza- the Government of Cuba in drug trafficking dur- tions shall not be ineligible for such assistance and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)). ing the preceeding 10 years. (c) TECHNICAL CORRECTION.—(1) In General.— solely on the basis of health or medical services, LIBYA Section 212(a)(3)(B)(ii) of the Immigration and including counseling and referral services, pro- Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is SEC. 697. (a) None of the funds appropriated vided by such organizations with non-United amended by striking ‘‘Subclause (VII)’’ and re- by this Act may be made available for— States Government funds if such services do not placing it with ‘‘Subclause (IX)’’. (1) construction of a new United States em- violate the laws of the country in which they (d) DESIGNATION OF THE TALIBAN AS A TER- bassy in Libya; are being provided and would not violate United RORIST ORGANIZATION.—For purposes of section (2) activities in Libya related to energy devel- States Federal law if provided in the United 212(a)(3)(B) of the Immigration and Nationality opment; or States, and shall not be subject to requirements Act (8 U.S.C. 1182(a)(3)(B)), the Taliban shall be (3) activities in Libya which support invest- relating to the use of non-United States Govern- considered to be a terrorist organization de- ment in Libya’s hydrocarbon sector, including ment funds for advocacy and lobbying activities scribed in subclause (I) of clause (vi) of that sec- the processing of applications for dual-use ex- other than those that apply to United States tion. port licenses. nongovernmental organizations receiving assist- (e) REPORT ON DURESS WAIVERS.—The Sec- (b) The prohibitions in subsection (a) shall no ance under part I of such Act. retary of Homeland Security shall provide to the longer apply if the Secretary of State certifies to SEC. 699D. None of the funds made available Committees on the Judiciary of the United the Committees on Appropriations that the Gov- in this Act may be expended in violation of sec- States Senate and House of Representatives a ernment of Libya has made the final settlement tion 243(d) of the Immigration and Nationality report, not less than 180 days after the enact- payments to the Pan Am 103 victims’ families, Act (8 U.S.C. 1253(d)) (relating to discontinuing ment of this Act and every year thereafter, paid to the LaBelle Disco bombing victims their granting visas to nationals of countries that are which may include a classified annex, if appro- agreed upon settlement amounts, and is engag- denying or delaying accepting aliens removed priate, describing— ing in good faith settlement discussions regard- from the United States). (1) the number of individuals subject to re- ing other relevant terrorism cases. ADDITIONAL PEACE CORPS FUNDING moval from the United States for having pro- (c) Not later than 90 days after enactment of SEC. 699E. (a) The amount appropriated or vided material support to a terrorist group who this Act and 90 days thereafter, the Secretary otherwise made available by title III under the allege that such support was provided under du- shall submit a report to the Committees on Ap- heading ‘‘PEACE CORPS’’ is hereby increased by ress; propriations describing (1) actions taken by the $10,000,000. (2) a breakdown of the types of terrorist orga- Department of State to facilitate a resolution of (b) The amount appropriated or otherwise nizations to which the individuals described in these cases; and (2) United States commercial made available by title IV under the heading paragraph (1) have provided material support; activities in Libya’s energy sector. ‘‘FOREIGN MILITARY FINANCING PROGRAM’’ is (3) a description of the factors that the De- CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT hereby reduced by $10,000,000. partment of Homeland Security considers when VISAS RIGHT TO BEAR ARMS evaluating duress waivers; and SEC. 698. Section 1059(c) of the National De- (4) any other information that the Secretary SEC. 699F. None of the funds made available fense Authorization Act for Fiscal Year 2006 (8 under this Act may be made available to any believes that the Congress should consider while U.S.C. 1101 note) is amended by adding at the overseeing the Department’s application of du- international organization, agency, or entity end the following: (including the United Nations) that requires the ress waivers. ‘‘(3) CARRY FORWARD.—If the numerical limi- (f) EFFECTIVE DATE.—The amendments made registration of or taxes a gun owned by a citizen tation described in paragraph (1) is not reached by this section shall take effect on the date of of the United States. during a given fiscal year, the numerical limita- enactment of this section, and these amend- TRANSPARENCY AND ACCOUNTABILITY OF THE tion for the following fiscal year shall be in- ments and sections 212(a)(3)(B) and 212(d)(3)(B) UNITED NATIONS creased by a number equal to the difference be- of the Immigration and Nationality Act (8 SEC. 699G. (a) Notwithstanding any other pro- tween the number of visas authorized for the U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B)), as vision of this Act, none of the funds appro- given fiscal year and the number of aliens pro- amended by these sections, shall apply to— priated or otherwise made available by this Act vided special immigrant status during the given (A) removal proceedings instituted before, on, may be used by the Department of State as a fiscal year.’’. or after the date of enactment of this section; contribution to the United Nations or any sub- and GLOBAL FUND CONTRIBUTION sidiary body of the United Nations, including (B) acts and conditions constituting a ground (INCLUDING RESCISSION OF FUNDS) any organization that is authorized to use the for inadmissibility, excludability, deportation, or SEC. 699. (a) The amount appropriated or oth- United Nations logo, until the Secretary of State removal occurring or existing before, on, or after erwise made available by title III for bilateral certifies that the United Nations, such sub- such date. assistance for Global Health Programs is hereby sidiary body of the United Nations, or such or- CLUSTER MUNITIONS increased by $40,000,000. ganization, as the case may be, is fully and pub- SEC. 695. During the current fiscal year, no (b) The amount appropriated or otherwise licly transparent about all of its spending, in- military assistance shall be furnished for cluster made available for such purpose and available cluding for procurement purposes, that occurred

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 6333 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11458 CONGRESSIONAL RECORD — SENATE September 11, 2007 during fiscal year 2007, including the posting on ticularly people who have assisted the United date of the enactment of this Act comes within a publicly available web site of— States and religious minorities. the control of such person. (1) copies of all contracts, grants, sub- OVERSEAS PRIVATE INVESTMENT CORPORATION (3) No United States person may engage in fi- contracts, and subgrants awarded or utilized SEC. 699K. (a) The amount appropriated or nancial transactions with an individual on the during fiscal year 2007; otherwise made available by title II for the list submitted under subsection (a), or with a (2) copies of all program reviews, audits, Overseas Private Investment Corporation under member of the immediate family of such indi- budgets, and project progress reports relating to the heading ‘‘PROGRAM ACCOUNT’’ is hereby in- vidual if the transaction will benefit an indi- fiscal year 2007; and creased by $8,000,000. vidual on the list submitted under subsection (3) any other financial information deemed (b) The amount appropriated or otherwise (a). necessary by the Secretary. made available by title V for ‘‘CONTRIBUTION TO UGANDA (b) The documents required to be made avail- THE INTERNATIONAL DEVELOPMENT ASSOCIATION’’ SEC. 699O. (a) Not later than 90 days after en- able under subsection (a) shall be in unredacted is hereby reduced by $8,000,000. actment of this Act, the Secretary of State shall form, except that such information as deter- UNITED STATES-EGYPT FRIENDSHIP ENDOWMENT submit a report to the Committees on Appropria- mined necessary by the Secretary to protect the SEC. 699L. Of the funds appropriated by this tions detailing a strategy for substantially en- identity of whistleblowers or other informants to Act and prior Acts making appropriations for hancing United States efforts to resolve the con- investigations and reports and proprietary in- foreign operations, export financing, and re- flict between the Lord’s Resistance Army (LRA) formation may be redacted. lated programs under the heading ‘‘Economic and the Government of Uganda (GOU), includ- WITHHOLDING OF UNITED STATES CONTRIBUTIONS Support Fund’’ that are available for assistance ing— TO THE UNITED NATIONS HUMAN RIGHTS COUNCIL for Egypt, up to $500,000,000 may be made avail- (1) direct and sustained participation by the SEC. 699H. (a)(1) No funds appropriated or able for an endowment to further social, eco- United States in confidence-building measures otherwise made available by this Act for con- nomic and political reforms in Egypt: Provided, in furtherance of the peace process; tributions to international organizations may be That the Secretary of State shall consult with (2) increased diplomatic pressure on the made available to support the United Nations the Committees on Appropriations on the estab- Democratic Republic of the Congo (to eliminate Human Rights Council. lishment of such an endowment and appropriate the LRA’s current safe haven) and on Sudan; (2) The prohibition under paragraph (1) shall benchmarks for the uses of these funds. (3) brokering direct negotiations between the GOU and the leaders of the LRA on personal se- not apply if— IRAQ (A) the President determines and certifies to curity arrangements; and SEC. 699M. (a) None of the funds appropriated (4) financial support for disarmament, demobi- the Committee on Foreign Relations and the or otherwise made available by this Act may be Committee on Appropriations of the Senate and lization, and reintegration to provide mid-level made available for assistance for Iraq. LRA commanders incentives to return to civilian the Committee on Foreign Affairs and the Com- (b) Not later than 30 days after enactment of mittee on Appropriations of the House of Rep- life. this Act the Secretary of State shall submit a re- (b) Of the funds appropriated by this Act resentatives that the provision of funds to sup- port to the Committees on Appropriations detail- under the heading ‘‘Economic Support Fund’’, port the United Nations Human Rights Council ing the extent to which the Government of Iraq not less than $5,000,000 shall be made available is in the national interest of the United States; is committed to combating corruption in Iraq to implement the strategy described in sub- or and the specific actions and achievements of the section (a). (B) the United States is a member of the Government of Iraq in combating corruption, to COMPREHENSIVE NUCLEAR THREAT REDUCTION Human Rights Council. include a list of those senior Iraqi leaders who AND SECURITY PLAN SEC. 699I. STUDY OF WORLD BANK’S EFFORTS have been credibly alleged to be engaged in cor- SEC. 699P. (a) Not later than 180 days after TO MEASURE THE SUCCESS OF THE PROJECTS IT rupt practices and activities. the date of the enactment of this Act, the Presi- FINANCES. (a) SENSE OF CONGRESS.—It is the (c) Notwithstanding any other provision of sense of Congress that the World Bank should law, policy, or regulation, none of the funds dent shall submit to Congress a comprehensive increase its focus on performance requirements made available in this Act or any other Act nuclear threat reduction and security plan, in and measurable results. making appropriations for foreign operations, classified and unclassified forms— (1) for ensuring that all nuclear weapons and (b) STUDY.—The Comptroller General of the export financing, and related programs may be weapons-usable material at vulnerable sites are United States should conduct a study on the ac- made available for assistance for Iraq unless the secure by 2012 against the threats that terrorists tions taken by the World Bank to— Secretary of State, in consultation with the Sec- have shown they can pose; (1) measure the success of the projects fi- retary of Defense, certifies to the Committees on (2) for working with other countries to ensure nanced by IDA; Appropriations that the Departments of State adequate accounting and security for such ma- (2) employ accurate means to measure the ef- and Defense are providing the Committees on terials on an ongoing basis thereafter; and fectiveness of projects financed by IDA; Appropriations, including relevant staff, reg- (3) for making security improvements to en- (3) combat corruption in governments that re- ular, full and unfettered access to programs in sure, to the maximum extent feasible, that the ceive IDA funding; Iraq for the purposes of conducting oversight. existing United States nuclear weapons stock- (4) establish clear objectives for IDA projects (d) Subsections (a) and (c) shall not apply to pile and weapons-usable material be protected and tangible means of assessing the success of the ninth and thirteenth provisos under the from the threats terrorists have shown they can such projects; and heading ‘‘Economic Support Fund’’ in this Act. pose. (5) use World Bank processes and procedures ANTI-KLEPTOCRACY (b) For each element of the accounting and se- for procurement of goods and services on SEC. 699N. (a) In furtherance of the National curity effort described under subsection (a)(2), projects receiving financial assistance from the Strategy to Internationalize Efforts Against the plan shall— World Bank. Kleptocracy and Presidential Proclamation 7750, (1) clearly designate agency and departmental SEC. 669J. SENSE OF THE SENATE REGARDING not later than 90 days after the date of enact- responsibility and accountability; IRAQ REFUGEE CRISIS. (a) FINDINGS.—Congress ment of this Act the Secretary of State shall (2) specify program goals, with metrics for makes the following findings: send to the appropriate congressional commit- measuring progress, estimated schedules, and (1) The annual United States worldwide ceil- tees a list of officials of the governments of An- specified milestones to be achieved; ing for refugees has been 70,000 since 2002. gola, Burma, Cambodia, Equatorial Guinea, (3) provide estimates of the program budget re- (2) The Department of State has yet to use all Democratic Republic of the Congo, and the Re- quirements and resources to meet the goals for of the available allocation that could be used for public of the Congo, and their immediate family each year; Iraqi refugees. members, who the Secretary has credible evi- (4) provide the strategy for diplomacy and re- (3) Since 2003, more than 2,000,000 Iraqis have dence to believe have been involved in corrup- lated tools and authority to accomplish the pro- fled their country and over 2,000,000 Iraqis are tion relating to the extraction of natural re- gram element; also displaced within Iraq. sources in their countries. (5) provide a strategy for expanding the finan- (4) It has become increasingly clear that peo- (b) Not later than 10 days after the list de- cial support and other assistance provided by ple who have assisted the United States, Iraqi scribed in subsection (a) is submitted to the ap- other countries, particularly Russia, the Euro- Christians and other religious minorities cannot propriate congressional committees, the fol- pean Union and its member states, China, and safely return to Iraq. lowing sanctions shall apply: Japan, for the purposes of securing nuclear (5) The United States Government has an obli- (1) Any individual on the list submitted under weapons and weapons-usable material world- gation to help these refugees and should act subsection (a) shall be ineligible for a visa to wide; swiftly to do so. enter the United States. (6) outline the progress in and impediments to (6) The United States Government should in- (2) No property or interest in property belong- securing agreement from all countries that pos- crease the allocation of refugee slots for Iraqi ing to an individual on the list submitted under sess nuclear weapons or weapons-usable mate- refugees for resettlement in the United States. subsection (a), or to a member of the immediate rial on a set of global nuclear security stand- (b) SENSE OF THE SENATE.—It is the sense of family of such individual if the property is ef- ards, consistent with their obligation to comply the Senate that the President should act swiftly fectively under the control of such individual, with United Nations Security Council Resolu- to respond to the deepening humanitarian and may be transferred, paid, exported, withdrawn, tion 1540; refugee crisis in Iraq by using the entire United or otherwise dealt with, if the property is within (7) describe the steps required to overcome im- States refugee allocation for the Near East/ the United States or within the possession or pediments that have been identified; and South Asia region and any unused portion of control of a United States person, including the (8) describe global efforts to promulgate best the worldwide allocation for Iraqi refugees, par- overseas branch of such person, or after the practices for securing nuclear materials.

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(c) SENSE OF THE SENATE. The Administration To be major general (1) designates the week of October 21 shall not sign any agreement with the Russian Brig. Gen. John F. Kelly, 0000 through October 27, 2007, as ‘‘National Child- Federation on low enriched uranium that does hood Lead Poisoning Prevention Week’’; and NATIONAL AERONAUTICS AND SPACE not include a requirement that a portion of the (2) calls upon the people of the United ADMINISTRATION low enriched uranium be derived from highly States to observe National Childhood Lead enriched uranium. Ronald Spoehel, of Virginia, to be Chief Fi- Poisoning Prevention Week with appropriate nancial Officer, National Aeronautics and RULE OF LAW AND BORDER SECURITY IN EGYPT programs and activities. Space Administration. SEC. 699Q. (a) The Senate makes the following f findings: DEPARTMENT OF JUSTICE (1) Fighting in Gaza during the summer of Michael David Credo, of Louisiana, to be MINORITY PARTY MEMBERSHIP 2007 demonstrated that the terrorist organiza- United States Marshal for the Eastern Dis- ON THE COMMITTEE ON VET- tion Hamas, which unlawfully seized control trict of Louisiana for the term of four years. ERANS’ AFFAIRS over Gaza in June 2007, has been able to achieve Esteban Soto III, of Maryland, to be United a dramatic increase in the quantity and sophis- States Marshal for the District of Puerto Mrs. MURRAY. Mr. President, I ask tication of arms at its disposal. Rico for the term of four years. unanimous consent that the Senate now proceed to the consideration of S. (2) Without these arms, the terrorist organiza- f tion would not have been able to seize control Res. 317 which was submitted earlier over the Gaza territory. LEGISLATIVE SESSION today. (3) There is substantial evidence that a sig- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The nificant proportion of these arms were smuggled ate will now return to legislative ses- clerk will report the resolution by across the border between Gaza and Egypt. sion. title. (4) The Egyptian military is a capable force, made possible in substantial part by a close rela- f The legislative clerk read as follows: tionship with the United States. A resolution (S. Res. 317) to constitute the NATIONAL CHILDHOOD LEAD minority party’s membership on the Com- (5) Concurrent with the escalation of dan- POISONING PREVENTION WEEK gerous arms smuggling across the border be- mittee on Veterans’ Affairs for the remain- tween Egypt and Gaza has been a retrogression Mrs. MURRAY. Mr. President, I ask der of the 110th Congress or until their suc- in the rule of law in Egypt. unanimous consent that the Senate cessors are chosen. (6) This loss of hard-earned ground has been proceed to the immediate consider- There being no objection, the Senate characterized by reports of harsh reaction by ation of S. Res. 316, submitted earlier proceeded to consider the resolution. the Government of Egypt to dissent, including today. Mrs. MURRAY. Mr. President, I ask the jailing of political opponents. (7) The United States has provided aid to The PRESIDING OFFICER. The unanimous consent that the resolution Egypt in excess of $28,000,000,000 over the past clerk will report the resolution by be agreed to and the motion to recon- three decades. title. sider be laid upon the table. (b) The Senate— The legislative clerk read as follows: The PRESIDING OFFICER. Without (1) reaffirms its long-standing friendship with A resolution (S. Res. 316) designating the objection, it is so ordered. the people of Egypt; week of October 21 through October 27, 2007, The resolution (S. Res. 317) was (2) believes that our friendship with Egypt re- as ‘‘National Childhood Lead Poisoning Pre- agreed to. quires the Senate to address such vital policy vention Week.’’ The resolution is as follows: concerns; (3) urges the Government of Egypt to make There being no objection, the Senate S. RES. 317 concrete and measurable progress on restoring proceeded to consider the resolution. Resolved, That the following shall con- the rule of law, including improving the inde- Mrs. MURRAY. Mr. President, I ask stitute the minority party’s appointments to pendence of the judiciary and improving crimi- unanimous consent that the resolution the Committee on Veterans’ Affairs for the nal procedures and due process rights and halt- be agreed to, the preamble be agreed remainder of the 110th Congress or until ing the cross-border flow of arms to Gaza; to, the motions to reconsider be laid their successors are chosen: (4) believes it is the best interest of Egypt, the upon the table, and that any state- Mr. Burr, Mr. Specter, Mr. Craig, Mr. Isak- son, Mr. Graham, Mrs. Hutchison, Mr. En- region, and the United States that Egypt takes ments relating thereto be printed in prompt action to demonstrate progress on these sign. the RECORD. matters; and f (5) urges the Department of State to work vig- The PRESIDING OFFICER. Without orously and expeditiously with the Government objection, it is so ordered. PERCY SUTTON POST OFFICE of Egypt and the Government of Israel to bring The resolution (S. Res. 316) was BUILDING the border between Egypt and Gaza border agreed to. Mrs. MURRAY. Mr. President, I ask under effective control. The preamble was agreed to. This Act may be cited as the ‘‘Department of unanimous consent that the Homeland The resolution, with its preamble, Security and Governmental Affairs State, Foreign Operations, and Related Pro- reads as follows: grams Appropriations Act, 2008’’. Committee be discharged from further S. RES. 316 f consideration of H.R. 954 and that the Whereas lead poisoning is a leading envi- Senate proceed to its consideration. EXECUTIVE SESSION ronmental health hazard to children in the The PRESIDING OFFICER. Without United States; objection, it is so ordered. f Whereas according to the Centers for Dis- The clerk will report the bill by title. EXECUTIVE CALENDAR ease Control and Prevention, 240,000 pre- school children in the United States have The legislative clerk read as follows: Mrs. MURRAY. Mr. President, I ask harmful levels of lead in their blood; A bill (H.R. 954) to designate the facility of unanimous consent that the Senate Whereas lead poisoning may cause serious, the United States Postal Service located at proceed to executive session to con- long-term harm to children, including re- 365 West 125th Street in New York, New sider Executive Calendar nominations duced intelligence and attention span, be- York, as the ‘‘Percy Sutton Post Office Nos. 74, 275, 295, and 296; that the nomi- havior problems, learning disabilities, and Building.’’ nations be confirmed, the motions to impaired growth; There being no objection, the Senate Whereas children from low-income families proceeded to consider the bill. reconsider be laid on the table, the are significantly more likely to be poisoned President be immediately notified of by lead than are children from high-income Mr. SCHUMER. Mr. President, I rise the Senate’s action, and the Senate re- families; today to express my support for H.R. turn to legislative session. Whereas children may be poisoned by lead 954, a bill to designate the post office The PRESIDING OFFICER. Without in water, soil, or consumable products; located at 365 West 125th Street in Har- objection, it is so ordered. Whereas children most often are poisoned lem as the Percy Sutton Post Office The nominations considered and con- in their homes through exposure to lead par- Building. Percy Sutton is a giant of the firmed are as follows: ticles when lead-based paint deteriorates or New York community. He is a patriot, is disturbed during home renovation and re- a veteran Tuskegee Airman, and a pio- IN THE MARINE CORPS painting; and The following named officers for appoint- Whereas lead poisoning crosses all barriers neering leader in multiple fields—poli- ment in the United States Marine Corps to of race, income, and geography: Now, there- tician, civil rights activist, lawyer and the grade indicated under title 10, U.S.C., fore, be it entrepreneur. And, through a lifetime section 624: Resolved, That the Senate— of extraordinary work in the public and

VerDate Mar 15 2010 21:53 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11SE7.REC S11SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11460 CONGRESSIONAL RECORD — SENATE September 11, 2007 private sectors, he has been the driving Malcolm X and other activists during ORDERS FOR WEDNESDAY, force behind the exemplary renaissance the civil rights era. Sutton also served SEPTEMBER 12, 2007 of Harlem. as president of the New York chapter Mrs. MURRAY. Mr. President, I ask Simply put, Percy Sutton is a com- of the NAACP. unanimous consent that when the Sen- mendable American, who never stopped Percy has also been a pillar in Har- ate completes its business today, it believing in the promise of our Nation, lem and New York politics. A leader of stand adjourned until 9 a.m., Wednes- that all men are created equal and en- the Harlem political scene, he worked day, September 12, 2007; that on dowed by their creator with certain in- with Mayor David Dinkins, Congress- Wednesday, following the prayer and alienable rights, even when legally man CHARLES RANGEL, and former New the pledge, the Journal of proceedings sanctioned discrimination held him York Secretary of State Basil Paterson be approved to date, the morning hour down. By dint of his talent, hard work, to create a lasting force for effective be deemed expired and the time for the optimism and faith in the possibility of community representation at the local, two leaders reserved for their use later America, he became the perfect embod- State and national levels. In 1964, Sut- in the day; that the Senate then re- iment of the transformation of Amer- ton was elected to the New York State sume consideration of H.R. 3074, the ica from a separate and unequal place Assembly, where he served for 2 years Transportation Appropriations Act as to a more perfect union. before becoming the president for the provided for under a previous order; Percy is an intellectual of the first Borough of Manhattan for 10 years, and that the first vote in sequence be order who worked at a New York post when that office was at the center of with respect to the DeMint amend- office to put himself through law gravity of New York City’s policy- ment. school. Therefore, naming the post of- making apparatus. The PRESIDING OFFICER. Without fice in his honor, in his beloved Har- objection, it is so ordered. lem—a community he has done so His strong ties to Harlem can be fur- much for—is a perfect tribute to this ther seen in the historic Apollo The- f prominent American. atre, which he purchased and com- The youngest of 15 children, Percy pletely revitalized in 1980. Sutton also ADJOURNMENT UNTIL 9 A.M. Sutton was born on November 24, 1920, produced ‘‘It’s Showtime at the Apol- TOMORROW in San Antonio, TX. His parents were lo.’’ Today, as Harlem thrives, the Mrs. MURRAY. Mr. President, if both educators, and his father went on Apollo Theatre remains a cornerstone there is no further business today, I to become one of the first African of the community. Sutton also started ask unanimous consent the Senate now American principals in the Nation. All the Inner City Broadcasting Company, stand adjourned under the previous of his siblings graduated from college, home of the first African American order. and his brothers include the first black owned radio station in New York. There being no objection, the Senate, elected official in San Antonio and a Through it all, Percy was a trail blazer at 9:41 p.m., adjourned until Wednes- judge on the New York Supreme Court. in the extraordinary transformation of day, September 12, 2007, at 9 a.m. Percy Sutton attended Prairie View Harlem. While victory has many fa- A&M University, Tuskegee Institute, thers and mothers, no one person has f and the Hampton Institute. His public done more, for more time, or more ef- CONFIRMATIONS service career began when Sutton fectively to realize this vision, than Executive nominations confirmed by served with the now legendary Percy Sutton. the Senate Tuesday, September 11, Tuskegee Airmen in World War II, win- Percy Sutton’s impact on his com- 2007: ning combat stars as an intelligence of- munity and his country is immeas- ficer. Despite being barred from flying urable. Renaming the post office build- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION fighter planes for the Army Air Corps ing in Harlem, the neighborhood for RONALD SPOEHEL, OF VIRGINIA, TO BE CHIEF FINAN- because of his race, he remained com- which he has done so much, the Percy CIAL OFFICER, NATIONAL AERONAUTICS AND SPACE AD- mitted to serving his country. After an Sutton Post Office is a perfect tribute MINISTRATION. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO honorable discharge from the Army, he to this special man. THE NOMINEE’S COMMITMENT TO RESPOND TO RE- enrolled in Brooklyn Law School. Dur- Mr. President, I yield the floor. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ing this time, he worked for the U.S. CONSTITUTED COMMITTEE OF THE SENATE. Mrs. MURRAY. Mr. President, I ask Post Office in New York as a clerk dur- IN THE MARINE CORPS unanimous consent that the bill be ing the evening shift and later as a THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT read a third time and passed, the mo- IN THE UNITED STATES MARINE CORPS TO THE GRADE conductor in the New York City sub- tion to reconsider be laid upon the INDICATED UNDER TITLE 10, U.S.C., SECTION 624: way system to put himself through table, and that any statements relating To be major general school. thereto be printed in the RECORD. BRIG. GEN. JOHN F. KELLY, 0000 Motivated to fight racial discrimina- tion, upon finishing law school Sutton The PRESIDING OFFICER. Without DEPARTMENT OF JUSTICE become an important civil rights advo- objection, it is so ordered. MICHAEL DAVID CREDO, OF LOUISIANA, TO BE UNITED STATES MARSHAL FOR THE EASTERN DISTRICT OF LOU- cate. His commitment to fight for jus- The bill (H.R. 954) was ordered to a ISIANA FOR THE TERM OF FOUR YEARS. tice and equality lead him to become a third reading, was read the third time, ESTEBAN SOTO III, OF MARYLAND, TO BE UNITED STATES MARSHAL FOR THE DISTRICT OF PUERTO RICO well-known attorney, representing and passed. FOR THE TERM OF FOUR YEARS.

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PERSONAL EXPLANATION TRIBUTE TO ERIK NOWAK laid a solid foundation of individual integrity and dedication: both characteristics of a quali- HON. ALLEN BOYD HON. SHELLEY MOORE CAPITO fied leader. I am honored to represent such a OF WEST VIRGINIA promising young woman. OF FLORIDA Created in 1956, the People to People Pro- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES gram is an educational travel program dedi- Tuesday, September 11, 2007 Tuesday, September 11, 2007 cated to fostering leadership potential in youth Mrs. CAPITO. Madam Speaker, I am hon- worldwide. People to People has helped more Mr. BOYD of Florida. Madam Speaker, had ored to recognize Erik Nowak of Bunker Hill, than 200,000 students and professionals de- I been here on September 7, 2007, I would West Virginia, who was recently named U.S. velop their leadership skills based upon have voted in favor of H.R. 2669, the College Army National Guard Soldier of the Year. Dwight D. Eisenhower’s belief that ‘‘people Cost Reduction Act. Specialist Nowak had only been enlisted in can make a difference where governments the National Guard for just 16 months before cannot.’’ This unique interaction and exposure f he was selected by his squad leader to partici- will enable Ms. Godfrey to gain a greater un- pate in his company’s board competition. In derstanding and insider’s perspective of HONORING THE 75TH ANNIVER- just one day, he won the company’s board as Washington, DC. SARY OF NEWTON MEMORIAL well as his battalion’s board, a rare feat, espe- Madam Speaker, it is my distinct pleasure to HOSPITAL cially for a newly enlisted soldier. From there acknowledge one of Colorado’s own. Please he advanced to the state competition and then join me in congratulating Ms. Godfrey and HON. SCOTT GARRETT to the regional competition in Fort Pickett, Vir- wishing her the best in her future endeavors. OF NEW JERSEY ginia. f He competed against seven soldiers on Au- IN THE HOUSE OF REPRESENTATIVES gust 1, 2007 in phase one of the national REGARDING GENERAL PETRAEUS Tuesday, September 11, 2007 competition in Fort Benning, Georgia. The first TESTIMONY phase of competition consisted of a series of Mr. GARRETT of New Jersey. Madam tests; a 5-mile run, weapons training, first aid, Speaker, I rise today to commend Newton Me- HON. HILDA L. SOLIS land navigational skills, combat water survival, OF CALIFORNIA morial Hospital on the occasion of its 75th an- and an obstacle course all completed within niversary. As it celebrates its diamond anni- IN THE HOUSE OF REPRESENTATIVES 40 hours on only one hour of sleep. In the versary, I share the sentiments of all Newton Tuesday, September 11, 2007 second phase of the competition, later in area residents who are grateful for the integral Washington, DC, the seven guardsmen were Ms. SOLIS. Madam Speaker, the purpose of role the hospital plays in their community. interviewed by a board of enlisted officers, the President’s escalation of the war in Iraq The hospital was founded in 1932 out of the given a written test and were required to recite was to provide the Iraqi government with the bequest of the estate of Thomas E. Murray. the soldier’s creed. space and security they needed to make real With his gift, as well as half a million in funds On August 15, 2007 it was announced at political progress. Unfortunately, it does not raised through a community financial cam- the National Guard Conference that Specialist appear that meaningful progress has been paign, the Newton Hospital Foundation began Nowak was selected among 350,000 troopers made. General Petraeus has publicly admitted to plan construction of a hospital facility off of as the 2007 U.S. Army National Guard Soldier that the hope he once had that Iraqi leaders Route 94 in Newton, NJ. When it opened its of the Year. He will advance to the Army’s would take advantage of the U.S. troop surge doors that year, it had 40 acute care beds and ‘‘Best Warrior’’ Compeition at Fort Lee on efforts to minimize violence and make political 10 bassinets. That initial facility is now the Ad- September 30, 2007. gains ‘‘has not worked out as we had hoped.’’ ministration Building. The Sussex County com- Specialist Nowak is currently a military po- Despite the lack of progress, General munity rapidly grew and the hospital grew with lice officer assigned to the 157th MP Com- Petraeus continues to want to stay the failed it. By 1951, the hospital constructed a new pany in Martinsburg. Prior to that, he was course. He has asked that the current levels building, adding 60 more inpatient beds, a working as a substitute teacher at North Mid- of troops be kept in place until spring 2008. complete maternity suite with a newborn nurs- dle School where his met his wife, Krista. He Violence might be slightly diminishing in ery of 20 beds, and expanded ancillary and di- is a graduate of Virginia Tech and a 1998 provinces where the presence of U.S. troops agnostic services. graduate of Musselmen High School. have been increased by the surge, but an in- And, as the community continued to grow, I am proud to honor Specialist Erik Nowak crease of deaths and sectarian violence by car Newton Memorial Hospital kept pace, adding for representing the spirit of the Mountain bombs and suicide bombers has increased in buildings, beds, and land. By the year 2000, State and the very best of the United States other provinces. The last 3 months have Newton Memorial had opened the Sparta Army. In this time of international struggle, it is claimed the lives of 264 U.S. troops in Iraq, Health and Wellness Center to provide off- an honor to serve such an accomplished making it the deadliest summer of the war so campus outpatient diagnostics and treatment, young soldier. far. Since the war began, 3,759 U.S. troops a state of the art emergency room and sur- f have been killed. More than 27,770 have been gical suites, and more. In that year, 10,262 wounded in combat. In the 32nd Congres- patients were admitted for inpatient and same- CONGRATULATING MS. SHERIDAN sional District, 14 brave service members day surgery cases, including 750 births. And, GODFREY have given the ultimate sacrifice. in 2001, the hospital extended its care over A number of recent reports on Iraq contain the border into Pike County, Pennsylvania, HON. THOMAS G. TANCREDO findings which are different than the testimony with its Milford Health and Wellness Center. OF COLORADO delivered today by General Petraeus and Am- Newton Memorial Hospital’s continuing ef- IN THE HOUSE OF REPRESENTATIVES bassador Crocker. A Government Account- forts to meet the needs of the community are ability Office report on Iraq shows that the shepherded by a superior staff, dedicated vol- Tuesday, September 11, 2007 Iraqi government has failed to meet 15 of 18 unteers, and an active and capable Founda- Mr. TANCREDO. Madam Speaker, I rise benchmarks for success. A report by retired tion. As a Sussex County resident, I under- today to pay tribute to one of my constituents, Marine GEN James Jones found that Iraq is stand how comforting it is to know that we are Ms. Sheridan Godfrey of Centennial, CO, who still far from being able to take over its own served by the Newton Memorial Hospital and will attend a People to People World Leader- security responsibilities. This report also indi- I join the community in wishing them the best ship Forum in 2008. Her outstanding aca- cates that the Iraqi Interior Ministry, which for another 75 years of superior care. demic merits and communal involvement have runs the security forces, is ‘‘dysfunctional,’’

∑ 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 04:31 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.001 E11SEPT1 cnoel on PRODPC68 with REMARKS E1860 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2007 and recommends that the national police force wide between minority and low income stu- grant awards are made to all types of eligible be disbanded. dents. I believe that H.R. 694 is essential in institutions. This bill is a huge step in the right I find these reports to be even more dis- decreasing the academic gap of the quality of direction of narrowing the technology and turbing considering the overwhelming costs of education that is often defined by one’s in- science gap between minority students and the war. Congress has already appropriated come or economic status and will further en- others. nearly $565 billion for the war in Iraq since hance competitiveness in a globalized econ- Mr. Speaker, I strongly urge my colleagues March 2003, at a rate of approximately $10 omy. to support H.R. 694. billion per month in Iraq. This has cost the tax- The Information Technology Association of payers of the 32nd Congressional District an America says in a newly released study that f estimated $1.1 billion. This money could have the percentage of women working in tech- provided health care coverage for 447,203 in- nology fields has dropped almost 20 percent PERSONAL EXPLANATION dividuals or college scholarships for 167,215 since 1996. This statistic is true even though students. the percentage of women in the overall work- The American people are frustrated and force remained relatively unchanged during HON. ALLEN BOYD want a new direction in Iraq and an end to the that time period. The reason for the drop is OF FLORIDA war. According to a poll by the New York mainly the fact that administrative jobs in the IN THE HOUSE OF REPRESENTATIVES Times, 78 percent of Americans believe the tech industry are decreasing, and about a third U.S. should reduce its current level of troops of the women in the IT workforce serve in ad- Tuesday, September 11, 2007 or the withdrawal of all troops from Iraq. A ministrative positions. The ITAA analyzes in- Mr. BOYD of Florida. Madam Speaker, had USA Today poll shows that 6 percent of Amer- formation from the Bureau of Labor Statistics, I been in Washington on September 7, 2007, icans would like for the U.S. to set a timetable BLS, Current Population Surveys to evaluate I would have voted in favor of H.R. 1908, the to withdraw our forces from Iraq and stick to trends in the American workforce and com- Patent Reform Act of 2007. that timetable. piles reports breaking down the data into per- I agree. This grave situation requires a pol- centages to determine the progression and re- f icy to secure and stabilize Iraq, one that con- gression of diversity. Previous ITAA diversity structively engages in diplomacy and partners studies were conducted in 1998 and 2003. HONORING MR. HAGOP with neighboring countries and the region to The reports also include a discussion of pos- BAHTIARIAN create a stable and peaceful nation, not a sible barriers to underrepresented groups and blank check to send more men and women solutions for overcoming them. into harm’s way. We must resist establishment Their study also showed that Hispanics are HON. SCOTT GARRETT of permanent U.S. military bases in Iraq and the most underrepresented racial group in IT OF NEW JERSEY train Iraqis to secure and run Iraq. Although I jobs, comprising only 13 percent of the labor IN THE HOUSE OF REPRESENTATIVES strongly disagree with the policies that con- pool but only about 6.5 percent of IT workers. Tuesday, September 11, 2007 tinue to endanger our servicemen and women, However, Hispanics represented less than 5.5 I stand firmly behind them and look forward to percent in 1996, so their numbers are slowly Mr. GARRETT of New Jersey. Madam their redeployment and safe return home. but steadily growing, even though the Hispanic Speaker, last month, the Nation lost a great f population in the U.S. is the fastest-growing, patriot when Mr. Hagop Bahtiarian of Emer- and they constitute almost 13 percent of the son, New Jersey, passed away. Mr. Bahtiarian MINORITY SERVING INSTITUTION overall workforce. African Americans are was born of Armenian descent in Keskin DIGITAL AND WIRELESS TECH- underrepresented by 22 percent, with their Maden near Ankara, Turkey in 1909. NOLOGY OPPORTUNITY ACT OF numbers actually dropping 1 percent since 2007 In 1915, his father was murdered by Turkish 1996, from 9 percent in 1996 to 8 percent in officials, forcing his mother to flee with her 2004. The percentage of African Americans in SPEECH OF children, adopting the Muslim faith and the overall workforce in 2004 is the same as ‘‘Turkified’’ names to survive. In 1919, at the HON. SHEILA JACKSON-LEE it was in 1996, 10.7 percent. Interestingly, age of only 10, Mr. Bahtiarian was placed in OF TEXAS there are 6.6 percent fewer whites in the IT an orphanage in Constantinople with his broth- IN THE HOUSE OF REPRESENTATIVES workforce than in the overall workforce. Asians er. Not until 1922 was he able to escape to Tuesday, September 4, 2007 continue to be significantly overrepresented in Marseilles, France, a survivor of the Armenian the IT workforce, by almost 200 percent. genocide. Ms. JACKSON-LEE OF Texas. Mr. Speak- Mr. Speaker, this bill will increase the num- In 1927, he came to America, living in the er, I rise in support of H.R. 694, the Minority ber of persons from most minority groups ei- Bronx, New York and Englewood, New Jer- Serving Institution Digital and Wireless Tech- ther training or working in information tech- sey. There he worked as a jeweler and watch nology Opportunity Act of 2007. H.R. 694 will nology, which over the years has been con- maker and raised a family with his wife, Gula; further enhance the quality of service of the sistently low. Considering only those students loving children, Rita and Berj; and later in life academic institutions of our nation by pro- who graduate from college, the percentages of two grandsons. Mr. Bahtiarian never forgot the viding the technological advances in the qual- Native Americans, African Americans, and life he’d been forced to live as a child in Tur- ity and delivery of educational services. I sup- Hispanics receiving a degree in computer or key and was an active member of Armenian port H.R. 694 because it secures a foundation information science is actually higher than the cultural groups dedicated to ensuring that the of excellence for the minds of tomorrow by en- percentage among non-Hispanic white males. genocide would never be forgotten or re- riching the academic experience and insuring However, this promising statistic is more than peated. that more students have the opportunity to re- offset by the low number of minorities moving ceive a quality education. through the educational pipeline. During World War II, he went to work for his Mr. Speaker, I am pleased to stand before There are very few minority role models in adopted country, serving proudly as an In- you today in support of a bill that will assist (1) information technology. Minority students are structor at the Naval Air Warfare Center in In- historically black colleges and universities, (2) less likely to have computers at home or at dianapolis, Indiana. There he specialized in Hispanic-, Alaskan Native-, or Native Hawai- school on which to gain early exposure to in- the construction and repair of the famous ian-serving institutions; (3) tribally controlled formation technology. Students who attend Norden Bomb Sight. colleges or universities; or (4) institutions with historically black colleges and universities face Mr. Bahtiarian lived a tremendous life and a sufficient enrollment of underprivileged stu- limited computing facilities, compared with the he bore witness to some of the most signifi- dents as defined under the Higher Education average U.S. college or university. Thus, H.R. cant events of the 20th Century, from the Ar- Act of 1965. 694 will allow minority students the opportunity menian Genocide to World War II. And he en- Mr. Speaker, as a former member of the to utilize the technological advances nec- sured that the lessons learned from those Science Committee and a strong supporter of essary to compete in today’s society. events would bear the fruits of peace for his minority institutions, I have been a champion H.R. 694 directs the Under Secretary of children and grandchildren. Each year, as for closing the digital divide as well as the Commerce for Technology to: (1) establish an more and more survivors of the Armenian math and science proficiency gap that exists advisory council to advise on the best ap- Genocide pass, let us be certain that their between American youth and other youth proaches toward maximum program participa- memory lives on and that we never see such around the world. This divide is especially tion by eligible institutions; and (2) ensure that a travesty again.

VerDate Aug 31 2005 04:31 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.005 E11SEPT1 cnoel on PRODPC68 with REMARKS September 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1861 TRIBUTE TO LIEUTENANT ERIC derstanding and insider’s perspective of Ensuring that high-risk areas receive ade- JOHNSON Washington, DC. quate homeland security funding; Madam Speaker, it is my distinct pleasure to Aggressively preventing terrorist travel; HON. SHELLEY MOORE CAPITO acknowledge one of Colorado’s own. Please Adequately funding important programs that OF WEST VIRGINIA join me in congratulating Mr. Gonzalez and prevent terrorists from acquiring WMD; IN THE HOUSE OF REPRESENTATIVES wishing him the best in his future endeavors. Better protecting our critical infrastructure f and; Tuesday, September 11, 2007 Strengthening intelligence and information Mrs. CAPITO. Madam Speaker, I am proud RECOGNIZING SEPTEMBER 11 AS A sharing with local law enforcement. to recognize Lieutenant Eric Johnson of the DAY OF REMEMBRANCE The 9/11 bill is one of the most important Charleston Police Department, who was re- pieces of legislation enacted by the new Con- SPEECH OF cently named 2007 Outstanding Law Enforce- gress. Long overdue, this bill better protects ment Officer of the Year by the American Po- HON. HILDA L. SOLIS America from the threat of terrorism by finally lice Hall of Fame. OF CALIFORNIA enacting the recommendations made by the Lt. Johnson is being honored for an act of IN THE HOUSE OF REPRESENTATIVES bipartisan 9/11 Commission a full 21⁄2 years bravery while on duty in June 2006. Johnson Monday, September 10, 2007 after they were issued. Now, Congress owes reacted with extreme courage after he con- it to the American people to perform strong fronted a man who was suspected of shooting Ms. SOLIS. Mr. Speaker, on this sixth anni- oversight over the Department of Homeland a woman, who then shot Johnson in the abdo- versary of the terrorist attacks of September Security to make certain that it implements the men and face. Johnson reacted quickly by re- 11, 2001, we, as a nation, honor the memo- bill’s critical provisions. On this anniversary of turning fire. After being severely wounded, Lt. ries of the nearly 3,000 Americans who were the September 11 attacks, the American peo- Johnson neutralized the suspect and despite killed on that tragic day. However, honoring ple have the commitment of the new Congress his injuries, he began searching for his partner their memories requires more of us than sim- to take whatever steps necessary to further who had gone missing. ply remembering and celebrating the lives of protect our country. The Outstanding Law Enforcement Officer the victims of those horrific acts of violence. f of the Year award is the most prestigious To truly honor their memories we, as a nation, award given out by the American Police Hall must recommit ourselves to ensuring that such TRIBUTE TO THE LONG ISLAND of Fame. Lt. Johnson was chosen among hun- acts never happen again. BLUE DEMONS dreds of applicants from all over the United The House of Representatives stepped up States. He is also the recipient of the Silver to meet this challenge by passing a sweeping HON. PETER T. KING Star, an award for officers who place their security bill within the first 100 hours of the OF NEW YORK lives in danger during the call of duty. Along new Congress and ushering it into law on Au- IN THE HOUSE OF REPRESENTATIVES with the acceptance of his award, Lt. John- gust 3, 2007. This 9/11 bill finally enacts the Tuesday, September 11, 2007 son’s name will be on permanent display at recommendations of the bipartisan 9/11 Com- the American Police Hall of Fame in Titusville, mission 21⁄2 years after they were made and Mr. KING of New York. Madam Speaker, I Florida. 6 years after the terrorist attacks. This com- rise today to congratulate the Long Island Blue Lt. Johnson truly went above and beyond prehensive legislation is long overdue but will Demons for their 6–0 win in the 2007 Babe the call of duty for his quick thinking and cour- make our Nation stronger, our cities and Ruth World Series tournament on August 24. age under fire; however, he responded to his towns more secure, and our families safer. The Blue Demons are comprised of players heroism status with humility, a testament to Six years after the attacks of September 11, from the Merrick PAL, which is located in the his character. He is currently a shift com- America’s coastal cities are still dangerously 3rd Congressional District on Long Island. mander and mentors less experienced offi- vulnerable to a devastating attack. A nuclear The Blue Demons’ win is of particular sig- cers. weapon smuggled into the port of a large U.S. nificance. This is the first time that a Long Is- Madam Speaker, I am proud to honor Lieu- city could kill millions. However, only 5 percent land team has won the age 13–15 bracket. I tenant Eric Johnson for acts of valor and brav- of U.S.-bound containers are scanned before want to applaud the Demons’ athleticism and ery. It is an honor to serve brave men like they leave overseas ports. The 9/11 bill makes dedication to our national pastime. Lieutenant Eric Johnson who put their lives at millions of Americans safer by requiring that These players worked hard all season. To risk every day to protect others. 100 percent of U.S.-bound seaborne con- advance to the World Series in Andalusia, Ala- f tainers are scanned before leaving foreign bama, they had to win the State championship ports within 5 years. in Queens and the regional championships in CONGRATULATING MR. ANDREW Six years after the attacks on September Pennsylvania—which they did. They won 18 GONZALEZ 11, millions of American air travelers remain at tournament games in a row, including a 6–0 risk because almost 3 million tons of air cargo victory in the championship game over a team HON. THOMAS G. TANCREDO that is transported each year on passenger from Henderson, Kentucky, on August 24. OF COLORADO airplanes remains unscreened. This is out- This win has been more than just an athletic IN THE HOUSE OF REPRESENTATIVES rageous. The 9/11 bill ensures better protec- victory for the Blue Demons. These players tion for American families by mandating that from Long Island had the opportunity to stay Tuesday, September 11, 2007 100 percent of cargo on all aircrafts undergo with host families in the gracious Alabama Mr. TANCREDO. Madam Speaker, I rise screening within 3 years. town of Andalusia, where they warmed the today to pay tribute to one of my constituents, Six years after the attacks on September hearts of their hosts with their positive atti- Mr. Andrew Gonzalez, of Littleton, Colorado, 11, it is shameful that most first responders tudes and dedication to our great American who will attend a People to People World across the country, including those in Los An- pastime. Leadership Forum in 2008. His outstanding geles, still do not have the critical communica- I am proud that the Blue Demons had such academic merits and communal involvement tions equipment necessary to do their jobs ef- a rewarding experience and I again congratu- have laid a solid foundation of individual integ- fectively. The 9/11 bill finally makes first re- late them on their World Series victory. rity and dedication: both characteristics of a sponders a priority, ensuring that they get the f qualified leader. I am honored to represent interoperable communications equipment they such a promising young man. require by creating a stand-alone grant pro- PERSONAL EXPLANATION Created in 1956, the People to People Pro- gram at the Department of Homeland Security, gram is an educational travel program dedi- authorized at $400 million a year. HON. ALLEN BOYD cated to fostering leadership potential in youth A comprehensive approach to ensuring OF FLORIDA worldwide. People to People has helped more homeland security, the 9/11 bill takes many IN THE HOUSE OF REPRESENTATIVES than 200,000 students and professionals de- critical steps that are necessary to keep Amer- velop their leadership skills based upon ica more secure from terrorist attacks. These Tuesday, September 11, 2007 Dwight D. Eisenhower’s belief that ‘‘people include: Mr. BOYD of Florida. Madam Speaker, had can make a difference where governments Authorizing over $4 billion to improve rail I been present on Monday, September 10, cannot.’’ This unique interaction and exposure and mass transit security over the next 4 2007, I would have voted ‘‘yea’’ on H. Res. will enable Mr. Gonzalez to gain a greater un- years; 257.

VerDate Aug 31 2005 04:31 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.009 E11SEPT1 cnoel on PRODPC68 with REMARKS E1862 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2007 TRIBUTE TO GANTT’S understanding and insider’s perspective of others’ lives, and those who gave their lives EXCAVATION AND CONSTRUCTION Washington, DC. for others. In keeping their memory alive, we Madam Speaker, it is my distinct pleasure to remind ourselves of the terrible price we pay HON. SHELLEY MOORE CAPITO acknowledge one of Colorado’s own. Please if we fail to remain vigilant against those who OF WEST VIRGINIA join me in congratulating Ms. Heckendorf and wish us harm. IN THE HOUSE OF REPRESENTATIVES wishing her the best in her future endeavors. f f Tuesday, September 11, 2007 PERSONAL EXPLANATION Mrs. CAPITO. Madam Speaker, I am proud TRIBUTE TO COL. RAIMUND to recognize Gantt’s Excavation and Construc- WINZER, RETIRED, USAR HON. BRAD ELLSWORTH tion of Martinsburg, West Virginia; a recent re- OF INDIANA cipient of the 2007 Secretary of Defense Em- HON. DAVE CAMP IN THE HOUSE OF REPRESENTATIVES ployer Support Freedom Award. OF MICHIGAN Tuesday, September 11, 2007 The Defense Employer Support Freedom IN THE HOUSE OF REPRESENTATIVES Award honors businesses and organizations Mr. ELLSWORTH. Madam Speaker, on Fri- Tuesday, September 11, 2007 for their support of their employees who are day, September 7, 2007, I missed rollcall enlisted in the National Guard and Reserves. Mr. CAMP of Michigan. Madam Speaker, I votes Nos. 860, 861, 862, 863, and 864 be- Gantt’s Excavation and Construction was would like to recognize Lt. Col. Raimund cause I was leading a congressional delega- among 15 honorees from across the Nation to Winzer for his long and faithful military service tion trip to conduct oversight in Iraq and to receive the prestigious award. These employ- to the United States of America. Lt. Col. meet with U.S. military leadership and Amer- ers have gone far above the required laws to Winzer honorably retired from service in the ican men and women in uniform who are cur- accommodate their employees who must fulfill United States Army Reserve. After federal rently serving in theater. their military duties that arise throughout times military retirement, Lt. Col. Winzer volunteered Had I been present for rollcall 860, H. Res. of national need. They must often fulfill week- for the Governor of Michigan’s National Secu- 636 which provided for the consideration of end and summer training, possible deploy- rity Task Force where his continuing contribu- H.R. 1908, Patent Reform Act of 2007, I would ments and contingency operations. tions to national security and military adminis- have voted ‘‘yes.’’ I am proud to highlight the accomplishments tration earned him promotion to the rank of Had I been present for rollcall 861, H. Res. of Gannt’s Excavation and Construction, who colonel. Col. Winzer retired from the Midland 637 which provided for the consideration of represents the best of America’s small busi- Public Schools where he was a teacher of the conference report to accompany H.R. 2669, nesses for its patriotism and dedication to our German language. He won the accolades of College Cost Reduction and Access Act, I Nation’s Armed Services. The business was his students and their progeny for his unique, would have voted ‘‘yes.’’ established 35 years ago by Frederick Gantt self-developed, German-language teaching Had I been present for rollcall 862, the Con- and is currently operated by his three children, methodology. Col. Winzer is the epitome of yers Amendment to H.R. 1908, Patent Reform Daniel Gantt, Eric Gantt, and Janesa Smith. the citizen-soldier that has made major con- Act of 2007, I would have voted ‘‘yes.’’ Janesa’s husband, Tim Smith of the West Vir- tributions to the defense of the United States Had I been present for rollcall 863, final ginia Army National Guard of Wheeling re- of America. passage of H.R. 1908, Patent Reform Act of cently returned home from a deployment to f 2007, I would have voted ‘‘no.’’ Iraq on July 27, 2007, and is employed by Had I been present for rollcall 864, on SEPTEMBER 11TH MEMORIAL Gantt’s Excavation and Construction. The agreeing to the Conference Report to H.R. SERVICE IN FAIRVIEW, NJ business is located in Inwood, West Virginia, 2669, College Cost Reduction Act of 2007, I where they employ a staff of 65. would have voted ‘‘yes.’’ Madam Speaker, in this time of national HON. STEVEN R. ROTHMAN f sacrifice when the men and women of our Na- OF NEW JERSEY PERSONAL EXPLANATION tion’s armed services are being called to duty, IN THE HOUSE OF REPRESENTATIVES it is an honor to recognize the Gantt family Tuesday, September 11, 2007 and Gantt’s Excavation and Construction who HON. ALLEN BOYD have helped our enlisted men and women Mr. ROTHMAN. Madam Speaker, I rise to OF FLORIDA pay tribute to the members of the Fairview, succeed both on the job and in the military. IN THE HOUSE OF REPRESENTATIVES New Jersey community who perished at the f World Trade Center on September 11, 2001. Tuesday, September 11, 2007 CONGRATULATING MS. MAGGIE Roko Camaj, Danny A. Correa, Christian Mr. BOYD of Florida. Madam Speaker, had HECKENDORF DeSimone, Jeremy Glick, James Ladley, and I been present on Monday, September 10, Diane Lipari will always have a special place 2007, I would have voted ‘‘yea’’ on H. Res. HON. THOMAS G. TANCREDO in the hearts and prayers of Fairview Borough 643. OF COLORADO residents. These individuals will be missed, f IN THE HOUSE OF REPRESENTATIVES along with the other sons and daughters of New Jersey who died on that fateful day. CONGRATULATING MR. ANDREW Tuesday, September 11, 2007 However, September 11th is not only a day HOOD Mr. TANCREDO. Madam Speaker, I rise for mourning. It is also a day on which we re- today to pay tribute to one of my constituents, member the heroism of so many Americans HON. THOMAS G. TANCREDO Ms. Maggie Heckendorf of Cherry Hills Village, who responded to the call for help. Fifty-five of OF COLORADO CO, who will attend a People to People World Fairview’s police, fire, and emergency re- IN THE HOUSE OF REPRESENTATIVES Leadership Forum in 2008. Her outstanding sponse personnel assisted at Ground Zero in academic merits and communal involvement the rescue and recovery efforts and in the Tuesday, September 11, 2007 have laid a solid foundation of individual integ- treatment and triage of the injured. These indi- Mr. TANCREDO. Madam Speaker, I rise rity and dedication: both characteristics of a viduals were an important part of the effort to today to pay tribute to one of my constituents, qualified leader. I am honored to represent save as many lives as possible after the ter- Mr. Andrew Hood of Castle Rock, Colorado, such a promising young woman. rorist attacks. Our entire Nation acknowledges who will attend a People to People World Created in 1956, the People to People Pro- and honors their selflessness. Leadership Forum in 2008. His outstanding gram is an educational travel program dedi- This evening’s 9/11 Memorial Service at the academic merits and communal involvement cated to fostering leadership potential in youth American Legion, Post 365 located at 110 An- have laid a solid foundation of individual integ- worldwide. People to People has helped more derson Avenue in Fairview rightfully com- rity and dedication: both characteristics of a than 200,000 students and professionals de- memorates Fairview’s loved ones who were qualified leader. I am honored to represent velop their leadership skills based upon lost and commends our first responders for such a promising young man. Dwight D. Eisenhower’s belief that ‘‘people their heroism. Created in 1956, the People to People Pro- can make a difference where governments Our Nation must always remember those gram is an educational travel program dedi- cannot.’’ This unique interaction and exposure who were killed on September 11th, those cated to fostering leadership potential in youth will enable Ms. Heckendorf to gain a greater who survived the attacks, those who saved worldwide. People to People has helped more

VerDate Aug 31 2005 04:31 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.014 E11SEPT1 cnoel on PRODPC68 with REMARKS September 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1863 than 200,000 students and professionals de- ters that would provide information to Federal, proclaim the week beginning September 17 velop their leadership skills based upon State, local and tribal governments, and non- and ending September 23 of each year as Dwight D. Eisenhower’s belief that ‘‘people governmental entities on issues in relation to Constitution Week. During Constitution Week, can make a difference where governments the needs of children during and after all haz- we honor our Nation’s Constitution and en- cannot.’’ This unique interaction and exposure ards, disasters, and emergencies. courage everyone to take the time to read and will enable Mr. Hood to gain a greater under- The time to address children’s needs in dis- reflect on what the Constitution means to standing and insider’s perspective of Wash- asters is now . . . our Nation’s children American citizens. It is a time when we can ington, DC. shouldn’t have to wait any longer. promote the ideals of freedom and opportunity Madam Speaker, it is my distinct pleasure to f throughout our Nation. acknowledge one of Colorado’s own. Please Today, I would like to particularly recognize join me in congratulating Mr. Hood and wish- RECOGNIZING SEPTEMBER 11 AS A the Augustin Clayton Chapter of the Daugh- ing him the best in his future endeavors. DAY OF REMEMBRANCE ters of the American Revolution in Jonesboro, f GA, for observing Constitution Week this year. SPEECH OF Their nationalism and dedication are exem- INTRODUCTION OF THE KIDS WISH HON. EARL BLUMENAUER plary, and a model for all Americans. I hope ACT OF 2007 OF OREGON that many other Federal, State, and local offi- IN THE HOUSE OF REPRESENTATIVES cials, as well as leaders of civic, social, and HON. CORRINE BROWN educational organizations, will follow the lead Monday, September 10, 2007 OF FLORIDA of the Augustin Clayton Chapter of the Daugh- IN THE HOUSE OF REPRESENTATIVES Mr. BLUMENAUER. Mr. Speaker, today I ters of the Revolution and conduct ceremonies Tuesday, September 11, 2007 join every American in remembering Sep- and other programs to celebrate our Constitu- tember 11 and the victims who so tragically tion this coming Constitution Week. Ms. CORRINE BROWN of Florida. Madam lost their lives in an unspeakable act of vio- f Speaker, I rise today to introduce legislation lence. We all grieve with the families they left that would begin to address a gaping hole in behind and are deeply grateful for the rescue TAIWAN our disaster management system. Since Hurri- workers and ordinary citizens that displayed cane Katrina, many improvements to our extraordinary humanity and bravery. HON. LUIS G. FORTUN˜O emergency management system have been We owe it to them to make our Nation and OF PUERTO RICO made, but there is still much work to be done. the world safer. IN THE HOUSE OF REPRESENTATIVES Hurricane Katrina demonstrated that the cur- The new Democratic majority in Congress is Tuesday, September 11, 2007 rent disaster management system in the bringing about effective change in the way our Mr. FORTUN˜ O. Madam Speaker, Taiwan United States is inadequately prepared to Nation confronts the threat of terror. The re- President Chen Shui-bian submitted an appli- meet the needs of children. And there is still cent passage into law of the 9/11 Commis- cation for Taiwan’s U.N. membership to the no national agency in the United States with a sion’s recommendations was an important, United Nations on July 19, and it was imme- clear mandate to safeguard children before, though overdue, step to making our homeland diately rejected by Secretary General Ban Ki- during, and after disasters. more secure. Moon on the basis of United Nations Resolu- Children see, hear, and understand more But those who lost their lives or put them- tion 2758, which affirmed U.N. support for the than adults may expect. But children do not selves in harm’s way on 9/11 deserve more. experience disasters the same way that adults ‘‘one China’’ policy. The administration’s ill-advised war in Iraq un- U.N.’s action regarding Taiwan’s application do. In normal times, family, other caregivers, dermines a significant opportunity to bring and community institutions like schools work was unprecedented and contrary to U.N. pro- Osama bin Laden and the real perpetrators to cedures. U.N. rules empower only the Security together to keep children safe and help them justice. It is my hope that we as a Congress learn and develop. During disasters, family Council and the General Assembly with the will work together to reverse this course and authority to discuss and decide on U.N. mem- members can be separated, schools and child refocus our efforts. We still have much work to care centers closed or destroyed, and chil- bership applications. As such the U.N. Secre- do to recover from this tragedy, to protect our tariat does not have the discretion or authority dren’s routines disrupted. These sudden liberty, and to regain our credibility and stature changes can frighten children. The physical to summarily reject Taiwan’s application. in the eyes of the world. Madam Speaker, I believe firmly that the differences between children and adults are f clear: children are smaller and have different issue of Taiwan’s application should be raised sleep, nutrition, and other needs. In shelters, PERSONAL EXPLANATION and debated by U.N. members. And I wish to hospitals and emergency service centers, add my voice to call for U.N. to go through the these differences matter. necessary process for reviewing Taiwan’s ap- HON. ANNA G. ESHOO plication for membership. Congress must invest in creating effective OF CALIFORNIA local, state, and federal disaster response sys- f IN THE HOUSE OF REPRESENTATIVES tems involving a healthy, adequately-funded, CONGRATULATING MR. MATTHEW Tuesday, September 11, 2007 well-coordinated, and functional emergency HORNBECKER medical services system. My bill, the KIDS Ms. ESHOO. Madam Speaker, I was not WiSH Act, focuses on making sure the needs present during rollcall votes Nos. 865–866 on HON. THOMAS G. TANCREDO of children are addressed and met in emer- September 10, 2007. I would like the RECORD OF COLORADO gency preparedness planning, and in re- to reflect how I would have voted: On rollcall IN THE HOUSE OF REPRESENTATIVES sponse to and recovery from future domestic vote No. 865 I would have voted ‘‘yea’’; on disasters. rollcall vote No. 866 I would have voted ‘‘yea.’’ Tuesday, September 11, 2007 The KIDS WiSH Act establishes a National f Mr. TANCREDO. Madam Speaker, I rise Commission on Children and Disasters that is today to pay tribute to one of my constituents, modeled after the 9/11 Commission. The RECOGNITION OF CONSTITUTION Mr. Matthew Hornbecker of Evergreen, Colo- Commission will examine, assess and report WEEK rado, who will attend a People to People on the facts and causes relating to the needs World Leadership Forum in 2008. His out- of children during and after all hazards, disas- HON. DAVID SCOTT standing academic merits and communal in- ters and emergencies, and Federal emer- OF GEORGIA volvement have laid a solid foundation of indi- gencies. It will also build upon investigations IN THE HOUSE OF REPRESENTATIVES vidual integrity and dedication: both character- of other entities on children’s needs during istics of a qualified leader. I am honored to and after hazards, disasters, and emer- Tuesday, September 11, 2007 represent such a promising young man. gencies. This would include reviewing findings, Mr. SCOTT of Georgia. Madam Speaker, I Created in 1956, the People to People Pro- conclusions, and recommendations of other rise in recognition of Constitution Week, Sep- gram is an educational travel program dedi- executive branch, Congressional or inde- tember 17–23, 2007. The Congress, by joint cated to fostering leadership potential in youth pendent commissions, or non-governmental resolution on February 29, 1952 designated worldwide. People to People has helped more entities. The bill will also establish The Na- September 17 as Citizenship Day, and on Au- than 200,000 students and professionals de- tional Resource Center on Children and Disas- gust 2, 1956, requested that the President velop their leadership skills based upon

VerDate Aug 31 2005 04:30 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.020 E11SEPT1 cnoel on PRODPC68 with REMARKS E1864 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2007 Dwight D. Eisenhower’s belief that ‘‘people perpetrated these heinous acts. Today is also devoted and proficient workers in northwest can make a difference where governments a time for us to remember that we can best Indiana. The Northwest Indiana Federation of cannot.’’ This unique interaction and exposure honor those who perished by learning the right Labor AFL–CIO will recognize several individ- will enable Mr. Hornbecker to gain a greater lessons from 9/11, including the heroes of uals for their dedication during the 33rd An- understanding and insider’s perspective of United Flight 93 like Todd Beamer, whose ac- nual Community Awards reception to be held Washington, DC. tions that day prevented further loss of life in at the Duneland Falls Banquet Center in Madam Speaker, it is my distinct pleasure to Washington, DC. Chesterton, Indiana, on Friday, September 21, acknowledge one of Colorado’s own. Please Over the last 6 years, we have made it 2007. These individuals, in addition to the join me in congratulating Mr. Hornbecker and harder for the reconstituted al Qaeda to mount other Northwest Indiana Federation of Labor wishing him the best in his future endeavors. a similar operation against the United States. members who have served northwest Indiana f And last month, the Congress passed and the so diligently for such a long period of time, are President signed into law a bill (H.R. 1) that the epitome of the ideal American worker: RECOGNIZING SEPTEMBER 11 AS A will implement the balance of the 9/11 Com- loyal, dedicated, and hardworking. DAY OF REMEMBRANCE mission’s recommendations. These are tan- At this year’s event, several individuals will gible achievements, but we must guard receive special recognition. The Honorable SPEECH OF against the kind of complacency and false Duane Cheney, our distinguished State rep- HON. ED PERLMUTTER sense of security that prevailed before the at- resentative who recently retired, is this year’s tacks on our Nation. recipient of the President’s Award. Mr. Cheney OF COLORADO Because al Qaeda’s leadership—Osama bin is being honored for his many years of service IN THE HOUSE OF REPRESENTATIVES Laden and Ayman Al Zawahiri—remains at and his many contributions to the well-being of Monday, September 10, 2007 large, America is still vulnerable to future al workers throughout northwest Indiana. Qaeda attacks. Moreover, our involvement in Mr. PERLMUTTER. Mr. Speaker, I rise to Mrs. Cindy Carlson, retired secretary of Iraq has caused us to waste lives, resources, commemorate the anniversary of September Sub-District 5 of District 7 for the United Steel- and time that should have been spent in find- 11, 2001. It was a day that our enemies had ing and neutralizing bin Laden and Zawahiri, workers and member of Local Union #3657, hoped to show America’s weakness, but in- and dismantling the rest of their network. We will receive the Service to Labor Award for as- stead showed our enormous strength and our know that our involvement in Iraq has made it sisting organized labor to improve the quality enduring commitment to the values on which harder for us to rally the world in the common of life for workers in northwest Indiana. this Nation was founded. struggle against al Qaeda and its murderous As selected by the executive board, Mr. The tragedies that unfolded in New York, ideology. The sooner we disengage militarily Rudy Sutton, president of R.V. Sutton, Inc., Virginia, and Pennsylvania on September 11 from Iraq, the sooner we will be able to will be presented with this year’s Union Label took the lives of nearly 3000 individuals, refocus ourselves and our allies on the larger Award for his unselfish devotion to the labor Americans and others. These men, women, and far more important struggle against bin movement through all the endeavors of his and children were killed because they lived in Laden and those like him. company. a country where toleration, freedom, and com- We must also do what is necessary to care Mr. Jeremy Rivas of Bricklayers Local #4 passion are guiding principles. Many of those for the first responders of 9/11—those who will accept the Community Service Award for lost were brave first-responders who entered have developed debilitating illnesses as a re- exemplary service to the community and the burning buildings, selflessly placing the inter- sult of their exposure to the multiple toxins un- enhancement of the quality of life for all. est of strangers above their own. All those leashed in the aftermath of the attacks. I’m Mr. Joseph Kasper of Boilermakers #374 who were killed that day left voids in the hopeful that a bill to provide for the long-term will receive the George Meany Scout Award, hearts of their families and communities. But monitoring of affected first responders (H. an honor bestowed upon him by the Boy their memory and spirit continue to endure in Res. 128), offered by my colleague Rep- Scouts of America. us all, and reinforce our commitment to the resentative CAROLYN MALONEY of New York, In memoriam, the late Jim Hornak, retiree of freedoms and ideas for which they died. will be brought to the floor of the House for a Carpenters Local # 1046, will be honored with Moreover, everyday since September 11, vote very soon. the Lifetime Achievement Award. The excep- tens of thousands of Americans work tirelessly Finally, we must ensure that America does tional service he so generously provided to the in our communities to prevent terrorist attacks whatever is necessary to take care of the men community deserves our admiration and re- from happening again. Our hospitals, fire de- and women of our armed forces who are en- spect. His dedication and commitment to his partments, and law enforcement officials all gaged in the hunt for our terrorist enemies. community is representative of the values we have redefined their mission to protect, pre- Traumatic brain injury, life-changing physical cherish in northwest Indiana. pare, and respond as part of the War on Ter- wounds, and post-traumatic stress disorder For the 2007 Business Sector Awards, Mr. ror. Meanwhile, overseas the brave members are all conditions that are affecting veterans in Dan Sajikowski, business unit leader at the BP of the American military and intelligence com- record numbers. I’m gratified that this Con- Refinery in Whiting, Indiana, is this year’s re- munity continue to pursue and destroy terrorist gress has provided major funding increases to cipient of the President’s Award. The years of organizations like al-Qaeda and the Taliban. deal with the needs of the veterans, but we hard work he has put forth are a true inspira- Mr. Speaker, September 11 was a defining must do more than provide one-year increases tion to all. Mr. Rex Mudge, vice president of day in the history of the United States. Al- in funding—we need to structurally increase human resources for Strack & Van Til, is this though we lost many great Americans, our Na- the VA health care budget to cover these inju- year’s recipient of the Retail/Wholesale Sector tion united in a cause to honor their memory ries and their treatment throughout the ex- Award, and Arcelor Mittal USA, will be recog- and win the long-term struggle against ter- pected lifetimes of these veterans. To do less nized with the Building Trades Sector Award. rorism. And in this struggle, we will win while dishonors them and our Nation. Another of our distinguished State representa- protecting the freedom and way of life for Madam Speaker, as we mark this solemn tives, the Honorable Charlie Brown, will be which our enemies fight us. We continue to day, let us remember that so long as we re- honored with this year’s Service Sector Award, honor the memory of those lost and we strive main united as a people, we will weather this and Mr. Mark Oprisko, councilman for the city to do them justice. struggle successfully—just as we weathered of Portage, will be honored with the Industrial the fights against fascism and communism in f Sector Award. Finally, Mr. Bill Kelly, president the last century. of the East Chicago Federation of Teachers IMPLEMENTATION OF THE 9/11 f #511, will be recognized for his efforts with the COMMISSION REPORTS HONORING THE NORTHWEST INDI- Public Employees Sector Award. ANA FEDERATION OF LABOR Northwest Indiana has a rich history of ex- HON. RUSH D. HOLT AFL–CIO cellence in its craftsmanship and loyalty by its OF NEW JERSEY tradesmen. These individuals are all out- IN THE HOUSE OF REPRESENTATIVES HON. PETER J. VISCLOSKY standing examples of these qualities. They have demonstrated their loyalty to both the OF INDIANA Tuesday, September 11, 2007 union and the community through their hard IN THE HOUSE OF REPRESENTATIVES Mr. HOLT. Madam Speaker, it is fitting that work and self-sacrifice. we are pausing to honor the memory of those Tuesday, September 11, 2007 Madam Speaker, I ask that you and my dis- who died on that terrible day and to reaffirm Mr. VISCLOSKY. Madam Speaker, It is my tinguished colleagues join me in congratulating our commitment to bring to justice those who distinct honor to congratuate some of the most these dedicated, honorable, and exemplary

VerDate Aug 31 2005 04:30 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.026 E11SEPT1 cnoel on PRODPC68 with REMARKS September 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1865 citizens, in addition to all of the hardworking ence to the devastation caused by Katrina has education.’’ With an education, he says, ‘‘one union men and women in America. They have prevented these residents from rebuilding to can do anything they want in the field they shown commitment and courage toward their their communities and tackling the lingering choose.’’ George Burrows is living proof of pursuits, and I am proud to represent them in poverty in the region. This administration’s fail- that. We all owe this great man an enormous Washington, DC. ures have been compounded with time, con- debt of gratitude for what he has done to f tinuing to postpone the complete restoration of make his neighborhood, his city, and our world the gulf coast. a better place. He is truly someone of whom CONTINUING FUNDING FOR GULF Madam Speaker, today, we must recommit we can all be very proud. COAST KATRINA RELIEF RECOV- ourselves, at all levels of government, to re- f ERY build the gulf coast in a responsible and com- prehensive way. As we honor those who lost CONGRATULATING MS. KELSEY HON. LYNN C. WOOLSEY their lives during Hurricane Katrina, we cannot HOWE OF CALIFORNIA allow this important work to be pushed to side IN THE HOUSE OF REPRESENTATIVES any longer. HON. THOMAS G. TANCREDO Tuesday, September 11, 2007 f OF COLORADO IN THE HOUSE OF REPRESENTATIVES Ms. WOOLSEY. Madam Speaker, our Na- HONORING GEORGE BURROWS tion’s responsibility to the people of the gulf Tuesday, September 11, 2007 coast has not ended since Hurricane Katrina HON. ALCEE L. HASTINGS Mr. TANCREDO. Madam Speaker, I rise devastated the gulf coast region 2 years ago. OF FLORIDA today to pay tribute to one of my constituents, Since then, volunteers, first responders, and IN THE HOUSE OF REPRESENTATIVES Ms. Kelsey Howe of Highlands Ranch, CO, officials from across the Nation have boldly who will attend a People to People World confronted the challenges of rebuilding dam- Tuesday, September 11, 2007 Leadership Forum in 2008. Her outstanding aged areas by dedicating their time and effort Mr. HASTINGS of Florida. Madam Speaker, academic merits and communal involvement to help restore these vibrant communities. I rise today to recognize George Burrows, Sr. have laid a solid foundation of individual integ- However, the challenges the region continues whose hard work and determination have re- rity and dedication: both characteristics of a to face are far from over and it is clear that sulted in the revitalization of the Sistrunk Bou- qualified leader. I am honored to represent this administration has fallen dramatically short levard corridor in Ft. Lauderdale, FL. This such a promising young woman. of fulfilling the promises made to the people of once-blighted neighborhood is now the pride Created in 1956, the People to People Pro- the gulf coast. of Ft. Lauderdale’s African-American commu- gram is an educational travel program dedi- Two years ago, despite multiple warnings of nity. cated to fostering leadership potential in youth Katrina’s severity and the approaching devas- Born in 1926, George Burrows grew up in worldwide. People to People has helped more tation that would result if residents of the gulf the segregated Jim Crow south. He was one than 200,000 students and professionals de- coast were not evacuated, the ill-prepared of 14 children raised by his Bahamian immi- velop their leadership skills based upon Bush administration failed to offer the nec- grant parents. After serving in the Marines Dwight D. Eisenhower’s belief that ‘‘people essary support to the hundreds of thousands during World War II, George returned to Ft. can make a difference where governments of people in the storm’s path. Vulnerable pop- Lauderdale. Using the G.I. Bill, he attended cannot.’’ This unique interaction and exposure ulations without the economic means or avail- Bethune-Cookman College where, after sam- will enable Ms. Howe to gain a greater under- able transportation to evacuate were left with pling several vocational courses, he decided standing and insider’s perspective of Wash- no choice but to weather the storm in their to study electronics. In 1948, he earned his ington, DC. homes or shelters. After the storm ended, at Associate of Arts degree in electronics, and Madam Speaker, it is my distinct pleasure to least 1,800 people lost their lives in five soon after received his state certification as a acknowledge one of Colorado’s own. Please States; more than 1 million people were dis- licensed master electrician. join me in congratulating Ms. Howe and wish- placed from their homes; hundreds of thou- Madam Speaker, with only electrical wire, ing her the best in her future endeavors. sands of homes, schools, and businesses government-issued tools, and a used bicycle f were destroyed; and countless communities with front and rear baskets, George Burrows and habitats were uprooted. embarked on a career that has spanned more OWEN LOVEJOY PRINCETON POST Despite the outpouring of congressional than five decades. He fought bravely against OFFICE BUILDING support for reconstruction and disaster assist- a segregated system that limited his services ance, the administration has poorly managed to Colored Town and went on to great suc- SPEECH OF the disbursement of funds and failed to ensure cess in the electrical business. The day before HON. MICHAEL H. MICHAUD that home and business owners receive the his alma mater Dillard High School was to OF MAINE aid they need. Of the $94.8 billion that Con- play an important football game, its field still IN THE HOUSE OF REPRESENTATIVES gress appropriated in response to hurricanes had no lights. George Burrows came to the Katrina and Rita, almost half has been spent rescue, installing lights on the field and saving Monday, September 10, 2007 by the Federal Emergency Management the day. Mr. MICHAUD. Madam Speaker, I rise in Agency (FEMA) on debris removal and tem- One of his proudest accomplishments is his strong support of H.R. 2825, designating the porary housing assistance. Only $3.4 billion longtime involvement with the Black Chamber post office at 326 South Main Street in Prince- has been spent on permanent infrastructure of Commerce, formerly the Negro Chamber of ton, IL as the Owen Lovejoy Princeton Post repairs, and FEMA’s consistent underesti- Commerce. George’s work with the Chamber Office Building. mation of the necessary costs associated with led to minority businesses obtaining contracts Owen Lovejoy, born in Albion, ME, and permanent rebuilding has resulted in billions of with the Hollywood-Ft. Lauderdale Inter- known for his passionate public service, fought dollars of aid being tied up after costs exceed national Airport and Port Everglades. George for years for the abolition of slavery. At the FEMA’s initial estimates. As a result of the in- and his devoted wife of more than 50 years, root of this passion was the memory of his adequate management and inefficient use of Agnes, have raised four children, all of whom brother Elijah, Presbyterian minister and editor funds, thousands of residents have not re- are graduates of historically black colleges. of an abolitionist press. Elijah was murdered turned to their homes. According to the Con- One admirer of his business, Burrows Electric, by a mob angered by his anti-slavery writings. gressional Budget Office, CBO, 107,000 gulf recently called him ‘‘number one in the busi- Owen Lovejoy sought an end to slavery, residents displaced by Katrina are still in ness’’ and ‘‘a consummate professional.’’ opening his home to runaway slaves, seeking FEMA-provided temporary housing. Madam Speaker, even Ft. Lauderdale City political office in order to push for change, and The administration could have chosen to Commissioner Carlton Moore, who grew up in serving in the Union Army during the Amer- overcome its original failure with a concerted the Sistrunk Boulevard district, lauded George ican Civil War. An acquaintance of Abraham commitment to rebuild the gulf coast and en- Burrows’ achievement as a role model in the Lincoln, Lovejoy served as a platform speaker sure that the victims of this disaster receive community. Commissioner Moore has noted in support of Lincoln in his famous debates the assistance they need. Instead, over the that George ‘‘created a business that provided with Stephen Douglas. last 2 years, they have chosen to ignore these business opportunities to those who were Our country owes much to individuals like problems and the needs of the gulf coast resi- locked out by the system.’’ George Burrows’ Owen Lovejoy, who, believing in his heart that dents. The administration’s continued indiffer- advice to aspiring entrepreneurs is to ‘‘get an ‘‘all men are created equal,’’ sought an end to

VerDate Aug 31 2005 04:30 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.029 E11SEPT1 cnoel on PRODPC68 with REMARKS E1866 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2007 slavery. He never sacrificed what he felt was that day, and praying for those who continue PERSONAL EXPLANATION important, and he dedicated his life selflessly to serve our Nation today. to the greater interests of his country. f HON. ED PERLMUTTER It is an honor for me to speak in support of RECOGNIZING SEPTEMBER 11 AS A OF COLORADO this legislation. IN THE HOUSE OF REPRESENTATIVES I urge my colleagues to pass H.R. 2825 DAY OF REMEMBRANCE honoring a pioneer and a true public servant. Tuesday, September 11, 2007 SPEECH OF f Mr. PERLMUTTER. Madam Speaker, due to HON. LUIS G. FORTUN˜O illness I missed the two votes on Monday, RECOGNIZING SEPTEMBER 11 AS A OF PUERTO RICO September 10, 2007. I would have voted as DAY OF REMEMBRANCE IN THE HOUSE OF REPRESENTATIVES follows: Passage of H. Res. 257, supporting the goals and ideals of Pancreatic Cancer SPEECH OF Monday, September 10, 2007 Awareness Month—‘‘yes’’; Passage of H. Res. HON. HEATH SHULER Mr. FORTUN˜ O. Mr. Speaker, I rise today to 643, 9/11 Commemoration—‘‘yes.’’ OF NORTH CAROLINA express my deep sorrow to the families and f IN THE HOUSE OF REPRESENTATIVES friends of the nearly 3,000 men and women who perished in the terrorist attacks on Sep- SUPPORT FOR ARMENIAN Monday, September 10, 2007 tember 11th 2001. On this day six years ago, GENOCIDE RESOLUTION Mr. SHULER. Mr. Speaker, I rise today to our great country was attacked. Yet, the ter- remember one of our Nation’s darkest days, rorists were not seeking our money or our HON. EDWARD J. MARKEY and one of its finest hours. land. They were out to destroy what we stand OF MASSACHUSETTS None of us will ever forget the tragic events for: freedom, democracy, and the American IN THE HOUSE OF REPRESENTATIVES of September 11, 2001. Nor will we ever for- dream. It seems we have come a long way Tuesday, September 11, 2007 get the images of firefighters, police officers, since that dreadful September morning; yet, emergency medical technicians, and other first on a daily basis, we live with the memory of Mr. MARKEY. Madam Speaker, I rise today responders placing themselves in harm’s way all those who passed away. in support of passage of H. Res. 106, the Af- at the World Trade Center and the Pentagon. Today, Americans remember the courage firmation of the United States Record on the We will never forget the passengers of United and bravery we witnessed from the countless Armenian Genocide Resolution. Flight 93, whose heroism may well have civilians, police officers and firefighters who It is long past time for the United States to saved the . We will never fought the terrorists and ran into the destroyed officially recognize the massacre of one and a forget the way this Nation joined in prayer and buildings while many others would have run half million Armenians early in the 20th cen- determination in the days which followed. And from them. We will never forget these heroes tury for what it undeniably was: genocide. we will never forget the outpouring of support for giving their lives so they may save the Year, after year, after year, I’ve been proud from our friends throughout the world. lives of others and the freedom of all. to cosponsor the Armenian Genocide resolu- In my home in western North Carolina, I join my fellow Members of Congress, not tion. Last year, over 150 House members co- young men and women answered the chal- as a Republican or a Democrat, but as a sponsored this important legislation to properly lenge of a nation thrown suddenly into war, as proud American, in expressing our sincere recognize the Armenian Genocide. This year, new volunteers signed up for the Armed gratitude to those who showed us the true the resolution has already received 226 co- Forces, and reservists and Guardsmen read- spirit of our Nation. sponsorships, a majority of the Members of ied for deployment. In the six years which fol- May God bless them and continue to bless the House. This impressive number reflects lowed, these brave citizens and their families our men and women overseas who fight for the broad bipartisan support for an official rec- have sacrificed through multiple deployments the principles we stood for. ognition of the Armenian Genocide. and hazardous service in Afghanistan, Iraq, f Countries all around the world have adopted and throughout the world. Since that time, similar resolutions to ensure that the atrocities many have been wounded, and six young CONGRATULATING MR. DAVID committed against the Armenian people are men from my district have made the ultimate JOHNSON properly recognized as acts of Genocide. Can- sacrifice. The thoughts and prayers of a grate- ada, France, Switzerland, Greece, and Poland ful nation will always be with them and their HON. THOMAS G. TANCREDO all have passed resolutions affirming the rec- families. OF COLORADO ognition of the Genocide. Properly recognizing In the years since that tragic September IN THE HOUSE OF REPRESENTATIVES the Armenian Genocide here in America is es- day, our Nation has stepped up its vigilance at sential to ensure that all past genocides are home and abroad. I am proud of the efforts of Tuesday, September 11, 2007 never forgotten and all future atrocities are our local law enforcement officials to improve Mr. TANCREDO. Madam Speaker, I rise never permitted. training and expertise in our communities to today to pay tribute to one of my constituents The writer Milan Kundera once wrote that identify potential threats and prevent any fu- Mr. David Johnson of Aurora, Colorado, who ‘‘The struggle of man against power is the ture attacks. I would also like to recognize all will attend a People to People World Leader- struggle of memory against forgetting.’’ of those who stand guard in our Nation’s intel- ship Forum in 2008. His outstanding academic There are those that would deny the Arme- ligence and Federal law enforcement commu- merits and communal involvement have laid a nian Genocide, just as there are those that nities, and all Americans serving abroad to re- solid foundation of individual integrity and deny the reality of the Nazi Holocaust. In com- duce the conditions that breed terrorism and dedication: both characteristics of a qualified memorating the Armenian Genocide as we will to increase hope in distant lands. leader. I am honored to represent such a do with this Resolution, we collectively engage This Congress has taken the important promising young man. in that struggle of memory against forgetting. steps of implementing the recommendations of Created in 1956; the People to People Pro- The dangers of forgetting are real—as Adolph the 9–11 Commission and enhancing home- gram is an educational travel program dedi- Hitler plotted the Holocaust, he was land security efforts, however there is still cated to fostering leadership potential in youth emboldened by the failure of the international work to be done. Our ports remain vulnerable, worldwide. People to People has helped more community to note the first genocide of the and our borders remain porous. Hurricane than 200,000 students and professionals de- 20th century, writing in 1939 ‘‘Who still talks Katrina exposed serious problems with our velop their leadership skills based upon nowadays of the extermination of the Arme- Nation’s disaster response mechanisms, and it Dwight D. Eisenhower’s belief that ‘‘people nians?’’ But this resolution is not just intended is unclear how far we have come in fixing can make a difference where governments as a remembrance of a dark past, but as a those problems. I am committed to working cannot.’’ This unique interaction and exposure way of animating future policies with a com- with my colleagues to address these problems will enable Mr. Johnson to gain a greater un- mitment to prevent such things from ever hap- and ensure the safety of all Americans. derstanding and insider’s perspective of pening again, as well as a step towards build- So today we remember, as we look forward. Washington, DC. ing a better future for the Armenian people I join with all my colleagues in today in hon- Madam Speaker, it is my distinct pleasure to and for all people. oring the memory of those who lost their lives acknowledge one of Colorado’s own. Please I commend Representative SCHIFF for intro- on September 11th, remembering those who join me in congratulating Mr. Johnson and ducing this critical resolution, and again com- have sacrificed defending our Nation since wishing him the best in his future endeavors. mit myself to work for its timely adoption.

VerDate Aug 31 2005 04:30 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.033 E11SEPT1 cnoel on PRODPC68 with REMARKS September 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1867 RECOGNITION OF MS. SMITA N. to become a member of the White House Mil- LEAVE OF ABSENCE REPORTING SHAH, P.E. lennium Council to Save America’s Treasures from 1998 to 2001. In 1996, she was the HON. JOHN CONYERS, JR. HON. JOSEPH CROWLEY youngest delegate to the Democratic National OF MICHIGAN OF NEW YORK Committee, DNC, from the State of Illinois and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES participated in the 2004 DNC as well. Tuesday, September 11, 2007 Tuesday, September 11, 2007 In Chicago, because of her strong belief in Mr. CONYERS. Madam Speaker, on Sep- Mr. CROWLEY. Madam Speaker, I rise community building, Ms. Shah goes out of her tember 10, 2007, I was granted a leave of ab- today to congratulate Ms. Smita N. Shah, way to work with organizations that help to sence to attend to personal business. In error, P.E., a prominent Indian-American business- promote ethnic diversity. She serves as chair woman, activist, and philanthropist, who was the CONGRESSIONAL RECORD reported that I of the Delhi-Chicago Committee, a part of the one of a select few to receive the prestigious was granted a leave of absence from Sep- 2007 Ellis Island Medal of Honor. Over the city of Chicago’s Sister Cities International tember 10, 2007 through September 21, 2007. years, I have had the honor to befriend this Program, where she works to expand relations The CONGRESSIONAL RECORD should have re- young woman and seen firsthand her good between Chicago and New Delhi, helping to ported September 10, 2007 as my only day of works and intelligence that makes her so wor- preserve and encourage her own cultural ties leave. thy of this award. to India. In 2004, Senator BARBARA BOXER f The Ellis Island Medal of Honor award is presented Ms. Shah with a Women Making presented to influential leaders of various CONGRATULATING MR. WILLIAM History Award for her dedication to her com- JOHNSON fields and ethnic backgrounds who have great- munity, to her culture, and to the preservation ly contributed to American society. Established of American ideals. in 1986 by the National Ethnic Coalition of Or- HON. THOMAS G. TANCREDO ganizations, NECO, the Ellis Island Medal of Madam Speaker, Ms. Shah is an asset to OF COLORADO Honor pays tribute to the heritage of those in- the United States and her efforts are deserv- IN THE HOUSE OF REPRESENTATIVES ing of this prestigious award. Ms. Shah fully dividuals that compromise America’s unique Tuesday, September 11, 2007 cultural mosaic and extraordinary individual embodies the commitment and values that the achievement. Past medalists include six U.S. Ellis Island Medal of Honor represents. It is an Mr. TANCREDO. Madam Speaker, I rise Presidents as well as Nobel Prize winners and honor for me to recognize this great American today to pay tribute to one of my constituents leaders of industry, education, the arts, sports and a good friend. Mr. William Johnson of Littleton, Colorado, and government. who will attend a People to People World As the daughter of two immigrants from f Leadership Forum in 2008. His outstanding India, Ms. Shah grew up in Chicago where academic merits and communal involvement she excelled as a student and is still remem- PERSONAL EXPLANATION have laid a solid foundation of individual integ- bered fondly as an active member of her com- rity and dedication: both characteristics of a munity. Through her constant study and hard qualified leader. I am honored to represent work she earned an undergraduate degree HON. LORETTA SANCHEZ such a promising young man. from Northwestern University. Ms. Shah con- Created in 1956, the People to People Pro- tinued her education when she received a OF CALIFORNIA gram is an educational travel program dedi- masters of science from the Massachusetts In- IN THE HOUSE OF REPRESENTATIVES cated to fostering leadership potential in youth stitute of Technology and completed an ad- worldwide. People to People has helped more vanced management program at Oxford. Upon Tuesday, September 11, 2007 than 200,000 students and professionals de- completion of school, she started her own en- velop their leadership skills based upon Ms. LORETTA SANCHEZ. Madam Speaker, gineering firm. Though the firm started off with Dwight D. Eisenhower’s belief that ‘‘people just 3 employees, it has since expanded to 55 on Friday, September 7, 2007, I was unavoid- can make a difference where governments in just 9 years. ably detained due to a prior obligation. cannot.’’ This unique interaction and exposure Ms. Shah has also set herself apart through Had I been present and voting, I would have will enable Mr. Johnson to gain a greater un- her commitment to public service, which start- voted as follows: derstanding and insider’s perspective of ed with an internship in the Office of the Chief Washington, DC. (1) Rollcall No. 861: ‘‘yes’’ on agreeing to of Staff to the President of the United States Madam Speaker, it is my distinct pleasure to in the summer of 1994 and continued with her the resolution. acknowledge one of Colorado’s own. Please service as a member of the White House ad- (2) Rollcall No. 864: ‘‘yes’’ on agreeing to join me in congratulating Mr. Johnson and vance team from 1993 to 2001. She went on the conference report. wishing him the best in his future endeavors.

VerDate Aug 31 2005 04:30 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.039 E11SEPT1 cnoel on PRODPC68 with REMARKS Tuesday, September 11, 2007 Daily Digest Senate cal year ending September 30, 2008, taking action Chamber Action on the following amendments proposed thereto: Routine Proceedings, pages S11355–S11460 Pages S11356–67, S11370–S11405 Measures Introduced: Three bills and four resolu- Adopted: tions were introduced, as follows: S. 2037–2039, S.J. Murray (for Bingaman) Amendment No. 2794, of a perfecting nature. Page S11373 Res. 18, and S. Res. 315–317. Page S11414 Murray (for Obama) Amendment No. 2799, to Measures Reported: provide that none of the funds appropriated or other- S. 1138, to enhance nuclear safeguards and to pro- wise made available by this Act may be used to vide assurances of nuclear fuel supply to countries enter into a contract in an amount greater than that forgo certain fuel cycle activities. (S. Rept. No. $5,000,000 or to award a grant in excess of such 110–151) amount unless the prospective contractor or grantee S. 1687, to provide for global pathogen surveil- makes certain certifications regarding Federal tax li- lance and response. (S. Rept. No. 110–152) ability. Page S11373 S. 1027, to prevent tobacco smuggling, to ensure Murray (for Clinton) Amendment No. 2823, to the collection of all tobacco taxes. (S. Rept. No. require a report on plans to alleviate congestion and 110–153) Page S11413 flight delays in the New York/New Jersey/Philadel- Measures Passed: phia Airspace. Pages S11373–74 Murray (for Schumer) Amendment No. 2803, to National Childhood Lead Poisoning Prevention clarify how the Secretary of Housing and Urban De- Week: Senate agreed to S. Res. 316, designating the velopment shall manage and dispose of multifamily week of October 21 through October 27, 2007 as properties owned by the Secretary. Page S11374 ‘‘National Childhood Lead Poisoning Prevention Klobuchar/Coleman Modified Amendment No. Week’’. Page S11459 2816, to make available amounts authorized to be Committee on Veterans’ Affairs Minority Mem- appropriated for the repair and reconstruction of the bership: Senate agreed to S. Res. 317, to constitute Interstate I–35W bridge that collapsed on August 1, the minority party’s membership on the Committee 2007 in Minneapolis, Minnesota. Pages S11359, S11375, S11377–78, S11381 on Veterans’ Affairs for the remainder of the 110th Inhofe Modified Amendment No. 2796, to pro- Congress or until their successors are chosen. hibit the use of funds to implement the proposed Pages S11418, S11459 Air Traffic Control Optimum Training Solution of Percy Sutton Post Office Building: Committee the Federal Aviation Administration. on Homeland Security and Governmental Affairs was Pages S11356, S11384 discharged from further consideration of H.R. 954, Murray (for Bond/Dodd) Amendment No. 2832, to designate the facility of the United States Postal to establish mitigation activities and alternatives to Service located at 365 West 125th Street in New mortgage foreclosures when viable and to reasonably York, New York, as the ‘‘Percy Sutton Post Office ensure the long-term affordability of any mortgage Building’’, and the bill was then passed, clearing the assisted under this amendment. Page S11386–87 measure for the President. Pages S11459–60 Murray (for Durbin) Modified Amendment No. 2800, to amend the Housing and Community De- Measures Considered: velopment Act of 1974 to treat certain communities Transportation, Housing and Urban Develop- as metropolitan cities for purposes of the community ment Appropriations Act: Senate continued consid- development block grant programs. Pages S11386 eration of H.R. 3074, making appropriations for the Murray (for Stevens) Amendment No. 2845, to Departments of Transportation, and Housing and permit pilots to serve in multicrew covered oper- Urban Development, and related agencies for the fis- ations until attaining 65 years of age. Page S11387–88 D1184

VerDate Aug 31 2005 05:31 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE7.REC D11SEPT1 cnoel on PRODPC68 with DIGEST September 11, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1185 By 75 yeas and 23 nays (Vote No. 331), Dorgan Development to submit certain budgetary informa- Amendment No. 2797, to prohibit the establish- tion to the Congress. Page S11405 ment of a program that allows Mexican truck drivers Murray (for Dodd/Shelby) Amendment No. 2857, to operate beyond the commercial zones near the to prohibit the Federal Transit Administration from Mexican border. Pages S11356, S11384–85, S11388–90 using funds appropriated under this Act to promul- Murray (for Menendez/Launtenberg) Amendment gate regulations to carry out section 5309 of title No. 2829, to require a study by the Government 49, United States Code. Page S11405 Accountability Office on the efficacy of strategies Murray (for Bond/Shelby) Amendment No. 2859, used by the Federal Aviation Administration and the to limit the amount available for the Urban Partner- Department of Transportation to address flight ship Congestion Initiative under section 5309 of delays at airports in the United States. Page S11404 title 49, United States Code. Page S11405 Murray (for Reed) Amendment No. 2852, to en- Murray (for Hutchison/Cornyn) Modified Amend- able States to receive federally guaranteed loans for ment No. 2825, to prohibit the imposition and col- the benefit of nonentitlement areas. Page S11404 lection of tolls on certain highways constructed Murray (for Sanders/Leahy) Amendment No. using Federal funds in Texas. Page S11405 2817, to ensure that the Secretary of Housing and Murray (for Snowe/Carper) Modified Amendment Urban Development awards capital fund bonuses to No. 2837, to encourage the use of recycled materials deserving high-performing public housing authori- in highway projects. Page S11405 ties. Page S11404 Murray (for Specter) Amendment No. 2856, to Murray (for Dorgan) Amendment No. 2819, to strike the prohibition on the use of appropriations increase support for infrastructure improvements at by Amtrak to support routes on which deep dis- tribal colleges and universities, with an offset. counts are available. Page S11405 Page S11404 Menendez Amendment No. 2834, to provide ad- Murray (for Cantwell) Amendment No. 2820, to ditional funding to the Secretary of Housing and expand the scope of Inspector General’s investigation Urban Development to implement guidance in con- of rail service disruptions and other delays in the de- nection with assisting persons with limited English livery of certain commodities. Page S11404 proficiency and to provide for an offset of such in- Murray (for McCaskill) Amendment No. 2830, to crease. Pages S11400–04 require the Secretary of Housing and Urban Devel- Rejected: opment to establish and maintain on the homepage Coburn Amendment No. 2810, to prohibit funds of the website of the Department of Housing and appropriated under title I from being used for ear- Urban Development a direct link to the website for marks until all structurally deficient and functionally the Office of the Inspector General of the Depart- obsolete bridges have been repaired, with limited ex- ment of Housing and Urban Development. ceptions. (By 82 yeas and 14 nays (Vote No. 330), Page S11404 Senate tabled the amendment.) Murray (for McCaskill) Amendment No. 2831, to Pages S11364–67, S11378–81 require the Secretary of Transportation to establish By 29 yeas and 69 nays (Vote No. 332), Cornyn and maintain on the homepage of the website of the Amendment No. 2842, to ensure that every motor Department of Transportation a direct link to the carrier entering the United States through the cross- website for the Office of Inspector General of the border motor carrier demonstration program is in- Department of Transportation. Page S11404 spected and meets all applicable safety standards es- Murray (for Durbin) Modified Amendment No. tablished for United States commercial motor vehi- 2850, to provide that the Federal Transit Adminis- cles. Pages S11390–94 tration conduct a study to evaluate the infrastructure Coburn Amendment No. 2811, to prohibit the of certain rail transit systems. Page S11404 use of funds made available under this Act for bicy- Murray (for Martinez/Allard) Modified Amend- cle paths so that the funds can be used to improve ment No. 2839, to direct funding to the American bridge and road safety. (By 80 yeas and 18 nays Dream Downpayment Initiative. Pages S11404–05 (Vote No. 333), Senate tabled the amendment.) Murray (for Dorgan) Modified Amendment No. Pages S11381–84, S11396 2846, to require the Secretary of Housing and Urban Withdrawn: Development to develop and implement a plan to Landrieu Amendment No. 2795, to provide fund- monitor the compliance of the Department of Hous- ing for 3,000 units of permanent supportive housing ing and Urban Development with current employer for homeless, disabled, and elderly persons in the relocation restrictions. Page S11405 State of Louisiana. Pages S11375–77 Murray (for Feingold) Modified Amendment No. Menendez/Lautenberg Amendment No. 2826, to 2848, to require the Secretary of Housing and Urban require a study by the Government Accountability

VerDate Aug 31 2005 05:31 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE7.REC D11SEPT1 cnoel on PRODPC68 with DIGEST D1186 CONGRESSIONAL RECORD — DAILY DIGEST September 11, 2007 Office on the efficacy of strategies used by the Fed- equally divided and controlled between Senators eral Aviation Administration and the Department of DeMint and Kennedy, or their designees. Transportation to address flight delays at airports in Page S11460 the United States. Pages S11399–S11400, S11405 Nominations Confirmed: Senate confirmed the fol- Pending: lowing nominations: Coburn Amendment No. 2812, to remove an un- Michael David Credo, of Louisiana, to be United necessary earmark for the International Peace Garden States Marshal for the Eastern District of Louisiana in Dunseith, North Dakota. Pages S11383, S11398–99 for the term of four years. Coburn Amendment No. 2813, to ensure that no Esteban Soto III, of Maryland, to be United States funds made available under this Act shall be used to Marshal for the District of Puerto Rico for the term carry out any activity relating to the design or con- of four years. struction of the America’s Wetland Center in Lake Ronald Spoehel, of Virginia, to be Chief Financial Charles, Louisiana, until the date on which the Sec- Officer, National Aeronautics and Space Administra- retary, in consultation with the Administrator of the tion. Federal Emergency Management Agency and the 1 Marine Corps nomination in the rank of general. State of Louisiana, certifies to Congress that all resi- Pages S11459, S11460 dents of the State of Louisiana who were displaced as a result of Hurricane Katrina or Rita in 2005 are Messages from the House: Page S11409 no longer living in temporary housing. Page S11383 Measures Referred: Page S11409 Coburn Amendment No. 2814, to prohibit the Measures Placed on the Calendar: use of funds for the construction of a baseball facility Pages S11355, S11409 in Billings, Montana, and to reduce the amounts made available for the Economic Development Ini- Executive Communications: Pages S11409–13 tiative and the Community Development Fund. Executive Reports of Committees: Pages S11413–14 Pages S11383, S11385–86, S11397–98 Additional Cosponsors: Pages S11414–16 During consideration of this measure today, the Senate also took the following action: Statements on Introduced Bills/Resolutions: Chair sustained a point of order that Cornyn/ Pages S11416–18 Inhofe Amendment No. 2808, to express the sense Additional Statements: Pages S11408–09 of the Senate that General David H. Petraeus, Com- Amendments Submitted: Pages S11418–32 manding General, Multi-National Force-Iraq, de- serves the full support of the Senate and strongly Notices of Hearings/Meetings: Pages S11432–33 condemn personal attacks on the honor and integrity Authorities for Committees to Meet: Page S11433 of General Petraeus and all the members of the Text of H.R. 2764 as Previously Passed: United States Armed Senate, was not germane, and Pages S11433–59 the amendment thus fell. Pages S11356–64 A unanimous-consent agreement was reached pro- Record Votes: Four record votes were taken today. viding that the following be the only amendments, (Total—333) Pages S11381, S11393–94, S11396 other than the managers’ amendment which has been Adjournment: Senate convened at 10:00 a.m. and cleared by the managers and leaders, remaining in adjourned at 9:41 p.m., until 9:00 a.m. on Wednes- order, and that no second-degree amendment be in day, September 12, 2007. (For Senate’s program, see order prior to a vote on or in relation to the amend- the remarks of the Acting Majority Leader in today’s ments: Coburn Amendment No. 2812, Coburn Record on page S11460.) Amendment No. 2813, Coburn Amendment No. 2814 (all listed above), and a DeMint amendment relating to the Davis-Bacon Act; provided further, Committee Meetings that there be 2 minutes for debate prior to each vote, with the time equally divided and controlled (Committees not listed did not meet) in the usual form; that after the first vote in the se- quence, the remaining votes be limited to 10 min- APPROPRIATIONS utes; that upon disposition of the listed amend- Committee on Appropriations: Subcommittee on Defense ments, Senate vote on passage of the bill; provided approved for full Committee consideration H.R. further, that when Senate continues consideration of 3222, with an amendment in the nature of a sub- the bill at 9 a.m., on Wednesday, September 12, stitute, making appropriations for the Department of 2007, that there be 20 minutes of debate with re- Defense for the fiscal year ending September 30, spect to the DeMint Amendment, with the time 2008.

VerDate Aug 31 2005 05:31 Sep 12, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE7.REC D11SEPT1 cnoel on PRODPC68 with DIGEST September 11, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1187 IRAQ 359, bills to authorize the Secretary of the Interior Committee on Armed Services: Committee concluded a to conduct a special resource study of sites associated hearing to examine the situation in Iraq, focusing on with the life of Cesar Estrada Chavez and the farm the progress made by the Government of Iraq in labor movement, S. 868, to amend the Wild and meeting benchmarks, after receiving testimony from Scenic Rivers Act to designate segments of the Ryan C. Crocker, United States Ambassador to Iraq, Taunton River in the Commonwealth of Massachu- Department of State; and General David H. setts as a component of the National Wild and Sce- Petraeus, USA, Commander, Multi-National Force- nic Rivers System, S. 1051, to authorize National Iraq. Mall Liberty Fund D.C. to establish a memorial on Federal land in the District of Columbia at Constitu- BUSINESS MEETING tion Gardens previously approved to honor free per- Committee on Armed Services: On Friday, Au- sons and slaves who fought for independence, liberty, gust, 3, 2007, Committee approved for reporting the and justice for all during the American Revolution, following subcommittee assignments for the 110th S. 1184 and H.R. 1021, bills to direct the Secretary Congress: of the Interior to conduct a special resources study Subcommittee on Airland: Senators Lieberman regarding the suitability and feasibility of desig- (Chairman), Akaka, Bayh, Clinton, Pryor, Webb, nating certain historic buildings and areas in Taun- McCaskill, Cornyn, Warner, Inhofe, Sessions, ton, Massachusetts, as a unit of the National Park Chambliss, and Corker. System, S. 1247, to amend the Weir Farm National Subcommittee on Emerging Threats and Capabili- Historic Site Establishment Act of 1990 to limit the ties: Senators Reed (Chairman), Kennedy, Byrd, Nel- development of any property acquired by the Sec- son (FL), Nelson (NE), Bayh, Clinton, Dole, Warner, retary of the Interior for the development of visitor Collins, Graham, Cornyn, and Martinez. and administrative facilities for the Weir Farm Na- Subcommittee on Personnel: Senators Nelson (NE) tional Historic Site, S. 1304, to amend the National (Chairman), Kennedy, Lieberman, Webb, McCaskill, Trails System Act to designate the Arizona National Graham, Collins, Chambliss, and Dole. Scenic Trail, S. 1329, to extend the Acadia National Subcommittee on Readiness and Management Park Advisory Commission, to provide improved vis- Support: Senators Akaka (Chairman), Byrd, Bayh, itor services at the park, H.R. 807, to direct the Sec- Clinton, Pryor, McCaskill, Thune, Inhofe, retary of the Interior to conduct a special resource Chambliss, Dole, and Corker. study to determine the feasibility and suitability of Subcommittee on Seapower: Senators Kennedy establishing a memorial to the Space Shuttle Colum- (Chairman), Lieberman, Reed, Akaka, Nelson (FL), bia in the State of Texas and for its inclusion as a Webb, Martinez, Warner, Sessions, Collins, and unit of the National Park System, and H.R. 759, to Cornyn. redesignate the Ellis Island Library on the third floor Subcommittee on Strategic Forces: Senators Nel- of the Ellis Island Immigration Museum, located on son (FL) (Chairman), Byrd, Reed, Nelson (NE), Ellis Island in New York Harbor, as the ‘‘Bob Hope Pryor, Sessions, Inhofe, Graham, and Thune. Memorial Library’’, after receiving testimony from HEALTH CARE AND THE BUDGET Representative Engel; Daniel N. Wenk, Deputy Di- Committee on the Budget: Committee concluded a hear- rector, , Department of the In- ing to examine health care and the federal budget, terior; Maurice A. Barboza, National Mall Liberty focusing on options for achieving universal health Fund D.C., Washington, D.C.; and David Hicks, coverage, after receiving testimony from Henry J. Arizona Trail Association, Phoenix. Aaron, Brooking Institution, Washington, D.C.; U.S.-PERU TRADE PROMOTION Sherry Glied, Columbia University Mailman School AGREEMENT of Public Health, Department of Health Policy and Management, New York, New York; and Janet Committee on Finance: Committee concluded a hearing Stokes Trautwein, National Association of Health to examine the United States-Peru Trade Promotion Underwriters, Arlington, Virginia. Agreement, after receiving testimony from Michael Kantor, Mayer Brown, Thea Mei Lee, American Fed- LAND BILLS eration of Labor and Congress of Industrial Organi- Committee on Energy and Natural Resources: Sub- zations (AFL–CIO), and Patricia A. Forkan, Humane committee on National Parks concluded a hearing to Society International, all of Washington, D.C.; examine S. 127, to amend the Great Sand Dunes David Winkles, South Carolina Farm Bureau, National Park and Preserve Act of 2000 to explain Oswego, on behalf of the American Farm Bureau the purpose and provide for the administration of Federation; and Thomas F. Catania, Whirlpool Cor- the Baca National Wildlife Refuge, S. 327 and H.R. poration, Benton Harbor, Michigan.

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CROCKER-PETRAEUS REPORT ON IRAQ June 1, 2000, between the Governments of 53 coun- Committee on Foreign Relations: Committee concluded tries including the United States of America (Treaty a hearing to examine Iraq, focusing on the Crocker- Doc. 109–12), with one reservation; Petraeus report, after receiving testimony from Ryan The Geneva Act of the Hague Agreement Con- C. Crocker, United States Ambassador to the Repub- cerning the International Registration of Industrial lic of Iraq, Department of State; and General David Designs (the ‘‘Agreement’’), adopted in Geneva on H. Petraeus, USA, Commander, Multi-National July 2, 1999, and signed by the United States on Force-Iraq. July 6, 1999 (Treaty Doc. 109–21), with nine dec- BUSINESS MEETING larations; The Singapore Treaty on the Law of Trademarks Committee on Foreign Relations: Committee ordered fa- (Treaty Doc. 110–2), with one condition; vorably reported the following: S. 805, to amend the Foreign Assistance Act of Protocol to the 1951 Treaty of Friendship, Com- 1961 to assist countries in sub-Saharan Africa in the merce, and Navigation between the United States effort to achieve internationally recognized goals in and Denmark (Treaty Doc. 108–8); and the treatment and prevention of HIV/AIDS and The nominations of Margaret Spellings, of Texas, other major diseases and the reduction of maternal to be designated a Representative of the United and child mortality by improving human health care States of America to the Thirty-fourth Session of the capacity and improving retention of medical health General Conference of the United Nations Edu- professionals in sub-Saharan Africa, with amend- cational, Scientific, and Cultural Organization, Paula ments; J. Dobriansky, of Virginia, for the rank of Ambas- S. 968, to amend the Foreign Assistance Act of sador during her tenure of service as Special Envoy 1961 to provide increased assistance for the preven- for Northern Ireland, Harry K. Thomas, Jr., of New tion, treatment, and control of tuberculosis, with an York, to be Director General of the Foreign Service, amendment in the nature of a substitute; Nancy Goodman Brinker, of Florida, to be Chief of S. 1839, to require periodic reports on claims re- Protocol, and to have the rank of Ambassador during lated to acts of terrorism against Americans per- her tenure of service, and Ned L. Siegel, of Florida, petrated or supported by the Government of Libya; to be Ambassador to the Commonwealth of The Ba- S. 2020, to reauthorize the Tropical Forest Coral hamas. Conservation Reauthorization Act of 2007; H.R. 1678, to amend the Torture Victims Relief INTELLIGENCE Act of 1998 to authorize appropriations to provide assistance for domestic and foreign programs and Select Committee on Intelligence: Committee met in centers for the treatment of victims of torture; closed session to consider pending intelligence mat- Patent Law Treaty and Regulations Under the ters. Patent Law Treaty (the ‘‘Treaty’’), done at Geneva on Committee recessed subject to the call. h House of Representatives Moment of Silence: The House observed a moment Chamber Action of silence in honor of the victims of the terrorist at- Public Bills and Resolutions Introduced: 2 public tacks on September 11, 2001. Page H10365 bills, H.R. 3523–3524; and 1 resolution, H.J. Res. Quorum Calls—Votes: There were no Yea-and-Nay 49, were introduced. Page H10366 votes, and there were no Recorded votes. There were Additional Cosponsors: Page H10366 no quorum calls. Reports Filed: There were no reports filed today. Adjournment: The House met at 10:30 a.m. and Chaplain: The prayer was offered by the guest adjourned at 10:36 a.m. Chaplain, Rev. William Hegedusich, St. Peter’s Program for Friday: To be announced. Catholic Church, Washington, DC. Page H10365

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Committee on Commerce, Science, and Transportation: Sub- Committee Meetings committee on Interstate Commerce, Trade, and Tourism, DISASTER/TERRORISM READINESS to hold hearings to examine the Federal Trade Commis- sion Reauthorization, 9:30 a.m., SR–253. Committee on Transportation and Infrastructure, Sub- Committee on Energy and Natural Resources: to hold hear- committee on Economic Development, Public Build- ings to examine S. 2017, to amend the Energy Policy and ings, and Emergency Management held a hearing on Conservation Act to provide for national energy efficiency Readiness in the Post-Katrina and Post-9/11 World: standards for general service incandescent lamps, 10 a.m., An Evaluation of the New National Response SD–366. Framework. Testimony was heard from the following Committee on Finance: business meeting to consider an officials of the Department of Homeland Security: R. original bill entitled, ‘‘ The Medicare, Medicaid and David Paulison, Administrator, FEMA; and Roger T. SCHIP Indian Health Care Improvement Act of 2007,’’ Rufe, Jr., Director, Office of Operations Coordina- H.J. Res. 43, increasing the statutory limit on the public tion; Tim Manning, Director, Department of Home- debt, and revising subcommittee assignments for the land Security and Emergency Management, State of 110th Congress, 10:15 a.m., SD–215. New Mexico; and public witnesses. Committee on Homeland Security and Governmental Affairs: f to hold hearings to examine the nomination of Julie L. Myers, of Kansas, to be Assistant Secretary of Homeland COMMITTEE MEETINGS FOR WEDNESDAY, Security, 10 a.m., SD–342. SEPTEMBER 12, 2007 Committee on the Judiciary: to hold hearings to examine (Committee meetings are open unless otherwise indicated) regulatory preemption relating to federal agencies usurp- ing congressional and state authority, 11 a.m., SD–226. Senate Committee on Rules and Administration: to hold a hearing Committee on Appropriations: business meeting to mark to examine the nomination of Robert Charles Tapella, of up H.R. 3222, making appropriations for the Depart- Virginia, to be Public Printer for the Government Print- ment of Defense for the fiscal year ending September 30, ing Office, 9:30 a.m., SR–301. 2008, 10 a.m., SD–106. Subcommittee on Financial Services and General Gov- House ernment, to hold hearings to examine enhancing the safe- Committee on Education and Labor, hearing on Why ty of toys relating to lead paint, the Consumer Product Weren’t 9/11 Recovery Workers Protected at the World Safety Commission, and toy safety standards, 11 a.m., Trade Center? 10 a.m., 2175 Rayburn. SD–192.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:00 a.m., Wednesday, September 12 10 a.m., Friday, September 14

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Friday: To be announced. ation of H.R. 3074, Transportation, Housing, and Urban Development Appropriations Act, and vote on or in rela- tion to Coburn Amendment No. 2812, Coburn Amend- ment No. 2813, Coburn Amendment No. 2814, and a DeMint amendment relating to the Davis-Bacon Act, and then vote on passage of the bill.

Extensions of Remarks, as inserted in this issue

HOUSE Eshoo, Anna G., Calif., E1863 Rothman, Steven R., N.J., E1862 Fortun˜ o, Luis G., Puerto Rico, E1863, E1866 Sanchez, Loretta, Calif., E1867 Blumenauer, Earl, Ore., E1863 Garrett, Scott, N.J., E1859, E1860 Scott, David, Ga., E1863 Boyd, Allen, Fla., E1859, E1860, E1861, E1862 Hastings, Alcee L., Fla., E1865 Shuler, Heath, N.C., E1866 Brown, Corrine, Fla., E1863 Holt, Rush D., N.J., E1864 Solis, Hilda L., Calif., E1859, E1861 Camp, Dave, Mich., E1862 Jackson-Lee, Sheila, Tex., E1860 Capito, Shelley Moore, W.Va., E1859, E1861, E1862 King, Peter T., N.Y., E1861 Tancredo, Thomas G., Colo., E1859, E1861, E1862, Conyers, John, Jr., Mich., E1867 Markey, Edward J., Mass., E1866 E1862, E1863, E1865, E1866, E1867 Crowley, Joseph, N.Y., E1867 Michaud, Michael H., Me., E1865 Visclosky, Peter J., Ind., E1864 Ellsworth, Brad, Ind., E1862 Perlmutter, Ed, Colo., E1864, E1866 Woolsey, Lynn C., Calif., E1865

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