E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, MONDAY, JULY 17, 2006 No. 93 House of Representatives The House met at 12:30 p.m. and was PRAYER OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, called to order by the Speaker pro tem- The Chaplain, the Reverend Daniel P. pore (Mr. BOUSTANY). Washington, DC, July 14, 2006. Coughlin, offered the following prayer: Hon. J. DENNIS HASTERT, f O to be chosen. The Speaker, House of Representatives, What a joy, O Lord, to be selected by Washington, DC. DESIGNATION OF SPEAKER PRO others. But to what depths are we DEAR MR. SPEAKER: Pursuant to the per- TEMPORE awakened once we know You have mission granted in Clause 2(h) of Rule II of The SPEAKER pro tempore laid be- called us to be Your very own. the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- fore the House the following commu- There is a surprising freedom found sage from the Secretary of the Senate on nication from the Speaker: in being God’s children. You watch July 14, 2006, at 11:08 am: WASHINGTON, DC, over and protect us as we obey Your That the Senate concurs in the House July 17, 2006. commands. Our destiny is in Your amendment S. 655. I hereby appoint the Honorable CHARLES hands as we try to follow Your holy in- That the Senate disagrees to the House W. BOUSTANY, Jr. to act as Speaker pro tem- spiration. amendments and agrees to Conference; ap- pore on this day. You open our hearts and our hands to points conferees S. 250. That the Senate agreed to S. Con. Res. 109. J. DENNIS HASTERT, care for the poor. You comfort the Speaker of the House of Representatives. That the Senate passed S. 3525. alien in our welcome. You bind us to- With best wishes, I am, f gether as each goes about the daily Sincerely, task that we may give You glory and KAREN L. HAAS, MORNING HOUR DEBATES honor every day of our lives, both now Clerk of the House. The SPEAKER pro tempore. Pursu- and forever. Amen. f ant to the order of the House of Janu- f IMMIGRATION REFORM ary 31, 2006, the Chair will now recog- nize Members from lists submitted by THE JOURNAL (Ms. FOXX asked and was given per- the majority and minority leaders for The SPEAKER pro tempore. The mission to address the House for 1 morning hour debates. The Chair will Chair has examined the Journal of the minute.) alternate recognition between the par- last day’s proceedings and announces Ms. FOXX. Mr. Speaker, I rise today ties, with each party limited to not to to the House his approval thereof. to support Republican efforts aimed at exceed 30 minutes, and each Member, Pursuant to clause 1, rule I, the Jour- curbing our Nation’s immigration except the majority leader, the minor- nal stands approved. problem. House Republicans are determined to ity leader, or the minority whip, lim- f ited to not to exceed 5 minutes. send a bill to the President that will PLEDGE OF ALLEGIANCE secure our borders, punish employers f The SPEAKER pro tempore. Will the who knowingly use illegal labor, make English our official language, and re- RECESS gentleman from Arizona (Mr. RENZI) come forward and lead the House in the move incentives for immigrants to The SPEAKER pro tempore. Pursu- Pledge of Allegiance. enter our country illegally. ant to clause 12(a) of rule I, the Chair Mr. RENZI led the Pledge of Alle- However, some Democrats seem de- declares the House in recess until 2 giance as follows: termined to undermine our Nation’s p.m. today. I pledge allegiance to the Flag of the immigration laws. They support the Accordingly (at 12 o’clock and 31 United States of America, and to the Repub- Reid-Kennedy bill, which will allow 60 minutes p.m.), the House stood in re- lic for which it stands, one nation under God, million new immigrants to enter our cess until 2 p.m. indivisible, with liberty and justice for all. country over the next 20 years and will f f guarantee Social Security benefits to immigrants for the time they were in b 1400 COMMUNICATION FROM THE America illegally. CLERK OF THE HOUSE Mr. Speaker, rewarding those who AFTER RECESS The SPEAKER pro tempore laid be- break our laws is not the way to deal The recess having expired, the House fore the House the following commu- with America’s immigration problem. was called to order by the Speaker pro nication from the Clerk of the House of This is an issue we cannot afford to tempore (Mr. GOHMERT) at 2 p.m. Representatives: compromise on, and I encourage my

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 03:57 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.000 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5226 CONGRESSIONAL RECORD — HOUSE July 17, 2006 colleagues to support strict immigra- 1361 et seq.) is amended by striking ‘‘Com- species or stock, unless the receiving facility tion reform in the interest of national mittee on Merchant Marine and Fisheries’’ meets standards that are comparable to the security. each place it appears and inserting ‘‘Com- requirements that a person must meet to re- mittee on Resources’’. ceive a permit under this subsection for that f (b) OBSOLETE REFERENCE TO SECTION.—Sec- purpose. SECURE THE BORDERS FIRST tion 118(c)(3)(A)(i) (16 U.S.C. 1387(c)(3)(A)(i)) ‘‘(B) The Secretary may not require or re- is amended by striking ‘‘, except that’’ and quest, through comity or any other means, (Mrs. BLACKBURN asked and was all that follows through ‘‘is valid’’. that any marine mammal or its progeny re- given permission to address the House SEC. 4. LIMITED AUTHORITY TO EXPORT MARINE main subject to the jurisdiction of the for 1 minute and to revise and extend MAMMAL PRODUCTS. United States when located in waters or on her remarks.) (a) IN GENERAL.—Section 101(a)(6) (16 lands that are subject to the jurisdiction of U.S.C. 1371(a)(6)) is amended by redesig- another country.’’. Mrs. BLACKBURN. Mr. Speaker, we nating subparagraph (B) as subparagraph (C), are seeing it everywhere we go and we (3) Subsection (c)(10) is amended— and by inserting after subparagraph (A) the (A) in the first sentence by inserting ‘‘held are hearing it from all of our constitu- following: within the lands and waters of the United ents every time we go home, every ‘‘(B) A marine mammal product may be ex- States’’ after ‘‘marine mammals’’ each place time we hold a town hall meeting, and ported from the United States if the prod- it appears; every time we show up in a local com- uct— (B) by inserting after the first sentence the munity: illegal entry into this country ‘‘(i) is legally possessed, and exported by, a following: ‘‘The Secretary shall update the citizen of the United States for noncommer- inventory on an annual basis.’’; and and the presence of those who have cial purposes in conjunction with travel out- made a decision to break the law to (C) in subparagraph (D) by inserting ‘‘own- side the United States and the product is im- ership, or other’’ after ‘‘date of’’. come here. ported into the United States by the same (b) REVIEW AND REPORT REGARDING INVEN- Illegal immigration is an issue to be person upon the termination of travel; TORY.— addressed, and here it is on the front ‘‘(ii) is legally possessed, and exported by, (1) REVIEW.—The Secretaries of Commerce page of The Washington Post. Twelve a person that is not a citizen of the United and the Interior shall, by not later than 12 hundred miles from the border, U.S. States for noncommercial purposes; months after date of the enactment of this ‘‘(iii) is legally possessed and exported as Act, jointly conduct a review of the inven- border town, yes, indeed, by those indi- part of a cultural exchange, by an Indian, viduals who would choose to enter the tory maintained under section 104(c)(10) of Aleut, or Eskimo residing in Alaska; or the Marine Mammal Protection Act of 1972 country illegally. Every town has be- ‘‘(iv) is owned by a Native inhabitant of (16 U.S.C. 1374(c)(10)), the use of the informa- come a border town and every State Russia, Canada, or Greenland and is exported tion in the inventory, and the costs, benefits, has become a border State. for noncommercial purposes— and issues associated with the development I encourage our colleagues to hang ‘‘(I) in conjunction with, and upon the of an online inventory. tough in this debate and stay with the completion of, travel within the United (2) CONSULTATION.—In conducting the re- House bill where we secure the border States; or view, the Secretary shall consult and solicit ‘‘(II) as part of a cultural exchange with an first. input from persons who are required to pro- Indian, Aleut, or Eskimo residing in Alas- vide information for the inventory. f ka.’’. (3) REPORT.—The Secretary shall submit a (b) CONFORMING AMENDMENT.—Section report to Committee on Resources of the ANNOUNCEMENT BY THE SPEAKER 101(a)(6)(A)(i) (16 U.S.C. 1371(a)(6)(A)(i)) is PRO TEMPORE House of Representatives and the Committee amended by inserting ‘‘for noncommercial on Commerce, Science, and Transportation The SPEAKER pro tempore. Pursu- purposes’’ after ‘‘United States’’ the first of the Senate on the findings of the review ant to clause 8 of rule XX, the Chair place it appears. under this subsection. The report shall in- will postpone further proceedings SEC. 5. CAPTIVE RELEASE PROHIBITION. clude the following: Section 102(a) (16 U.S.C. 1372(a)) is amend- today on motions to suspend the rules (A) Recommendations on whether the in- ed— ventory should be maintained by the Sec- on which a recorded vote or the yeas (1) in paragraph (4) by striking ‘‘subsection and nays are ordered, or on which the retary or by another person under contract. 104(c); and’’ and inserting ‘‘section 104(c);’’; (B) How the Secretary would oversee main- vote is objected to under clause 6 of (2) in paragraph (5) by striking the period tenance of the inventory carried out under rule XX. and inserting ‘‘; and’’; and contract. Record votes on postponed questions (3) by adding at the end the following: (C) How public access and access by Fed- will be taken after 6:30 p.m. today. ‘‘(6) for any person that is subject to the eral agencies to the inventory can be main- jurisdiction of the United States to release f tained if the inventory is maintained under any captive marine mammal unless specifi- contract. MARINE MAMMAL PROTECTION cally authorized to do so under section (D) How the Secretary can minimize dupli- ACT AMENDMENTS OF 2006 104(c)(3)(A), 104(c)(4)(A), or 109(h), except that cation on the information the Secretary re- this paragraph shall not apply to the tem- Mr. RENZI. Mr. Speaker, I move to ceives from public display facilities and re- porary release of any marine mammal that duce the paper work burden on those facili- suspend the rules and pass the bill is maintained in captivity under section 7524 ties. (H.R. 4075) to amend the Marine Mam- of title 10, United States Code (including any (E) An estimate of the cost of maintaining mal Protection Act of 1972 to provide progeny of a marine mammal maintained the inventory. for better understanding and protec- under that section).’’. (F) A description of how the Secretary will tion of marine mammals, and for other SEC. 6. ANNUAL REPORT REQUIREMENT. ensure the secure maintenance of the data in Section 103(f) (16 U.S.C. 1373(f)) is amended the inventory. purposes, as amended. in the first sentence, by inserting ‘‘and not- The Clerk read as follows: (G) An analysis of the potential that online withstanding Public Law 104–66’’ after availability of the information in the inven- H.R. 4075 ‘‘thereafter’’. tory could adversely affect the safety of the Be it enacted by the Senate and House of Rep- SEC. 7. PERMIT CLARIFICATIONS. animals. resentatives of the United States of America in (a) CLARIFICATIONS.—Section 104 (16 U.S.C. (c) LIMITATION ON NOTIFICATION REQUIRE- Congress assembled, 1374) is amended as follows: MENTS.—Section 104(c) (16 U.S.C. 1374(c)) is (1) Subsection (c)(7) is amended by insert- SECTION 1. SHORT TITLE. amended in paragraph (2)(E) in the first sen- ing ‘‘notwithstanding any other provision of This Act may be cited as the ‘‘Marine tence, and in paragraph (8)(B)(i)(II), by in- law’’ after ‘‘requesting the permit’’. Mammal Protection Act Amendments of serting before the period at the end the fol- (2) Subsection (c)(9) is amended to read as 2006’’. lowing: ‘‘, except that if the transport is for follows: purposes of public display and the transfer is SEC. 2. AMENDMENT REFERENCES. ‘‘(9)(A) No marine mammal may be ex- between facilities where the ownership and Except as otherwise expressly provided, ported— care of the marine mammal will be under the whenever in this Act an amendment or re- ‘‘(i) for the purpose of public display, un- same license or registration issued under the peal is expressed in terms of an amendment less the Secretary of Agriculture evaluates Animal Welfare Act (7 U.S.C. 2131 et seq.) to, or repeal of, a section or other provision, and verifies, and thereafter notifies the Sec- then only a notice of transport is required’’. the reference shall be considered to be made retary, that the receiving facility meets SEC. 8. FINES AND PENALTIES. to such section or other provision of the Ma- standards that are comparable to the re- (a) FINES AND PENALTIES, GENERALLY.— rine Mammal Protection Act of 1972 (16 quirements that a person must meet to re- Section 105 (16 U.S.C. 1375) is amended— U.S.C. 1361 et seq.). ceive a permit under this subsection for that (1) in subsection (a)(1) by striking ‘‘$10,000’’ SEC. 3. TECHNICAL CORRECTIONS. purpose; or and inserting ‘‘$20,000’’; and (a) COMMITTEE REFERENCES.—The Marine ‘‘(ii) for the purpose of scientific research (2) in subsection (b) by striking ‘‘$20,000’’ Mammal Protection Act of 1972 (16 U.S.C. or enhancing the survival or recovery of a and inserting ‘‘$30,000’’.

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(b) VESSEL PENALTY.—Section 106(b) (16 retary of the Interior and the Marine Mam- (11) In subsection (d)(5) by striking ‘‘com- U.S.C. 1376(b)) is amended by striking mal Commission regarding the development mercial fishing operations’’ and inserting ‘‘$25,000’’ and inserting ‘‘$35,000’’. of criteria for the awarding of grants under ‘‘fishing operations in fisheries listed under SEC. 9. MARINE MAMMAL GRANTS. this subsection. subsection (c)(1)(A)(i) or (ii)’’. Section 110(a) (16 U.S.C. 1380(a)) is amended ‘‘(5) ADMINISTRATIVE COSTS.—Of amounts (12) In subsection (e) in the matter pre- to read as follows: available each fiscal year to carry out this ceding paragraph (1)— ‘‘(a) AUTHORIZATION OF ASSISTANCE; AN- subsection, the Secretary may expend not (A) by striking ‘‘commercial’’ each place it NUAL REPORT.— more than $40,000 to pay the administrative appears; and ‘‘(1) AUTHORIZATION OF ASSISTANCE.—The expenses necessary to carry out this sub- (B) by striking ‘‘this Act’’ and inserting Secretary may make grants, or provide fi- section. ‘‘this section’’. nancial assistance in such other form as the ‘‘(6) CONTRIBUTIONS.—For purposes of car- (13) In subsection (f) by striking so much Secretary considers appropriate, to any Fed- rying out this section, the Secretary may ac- as precedes paragraph (2) and inserting the eral or State agency, public or private insti- cept, solicit, receive, hold, administer, and following: use gifts, devises, and bequests.’’. tution, or other person for the purpose of as- ‘‘(f) TAKE REDUCTION PLANS.—(1) The Sec- sisting such agency, institution, or person to SEC. 11. CONFORMING AMENDMENT. retary shall develop and implement a take undertake research in subjects that are rel- Subsection (c) of the Dolphin Protection reduction plan designed to assist in the re- evant to the protection and conservation of Consumer Information Act (16 U.S.C. 1385) is covery or prevent the depletion of each stra- marine mammals. amended in paragraph (2) by striking ‘‘160 de- tegic stock which interacts with a fishery grees west longitude’’ and inserting ‘‘150 de- ‘‘(2) REPORTS.— listed under subsection (c)(1)(A)(i) or (ii), un- grees west longitude’’. ‘‘(A) REPORTS BY SECRETARY.—The Sec- less the Secretary determines, after notice retary shall include a description of the re- SEC. 12. TAKE REDUCTION PLANS. and opportunity for public comment, that sults of research carried out with assistance (a) IN GENERAL.—Section 118 (16 U.S.C. the level of fishery related mortality and se- 1387) is amended as follows: under this section in the annual report re- rious injury is having a negligible impact on (1) In subsection (a) by striking ‘‘commer- quired under section 103(f). that stock. The Secretary may develop and cial’’ each place it appears in paragraphs (1) ‘‘(B) REPORTS BY FEDERAL AGENCIES.—The implement a take reduction plan for any and (5). head of each Federal agency that conducts other marine mammal stocks which interact (2) In subsection (c)(1) by striking so much and provides funds for research on marine with a fishery listed under subsection as precedes subparagraph (B) and inserting mammals shall report annually to the Com- (c)(1)(A)(i) which the Secretary determines, the following: mittee on Resources of the House of Rep- after notice and opportunity for public com- ‘‘(c) REGISTRATION AND AUTHORIZATION.—(1) resentatives and the Committee on Com- The Secretary shall, within 90 days after the ment, has a high level of mortality and seri- merce, Science, and Transportation of the date of enactment of the Marine Mammal ous injury across a number of such marine Senate on funding provided and research Protection Act Amendments of 2006— mammal stocks.’’. conducted regarding marine mammals dur- ‘‘(A) publish in the Federal Register for (14) In subsection (f)(2)— ing the preceding year. public comment, for a period of not less than (A) by striking ‘‘6 months’’ and inserting ‘‘(3) CONTRIBUTIONS.—For purposes of car- 90 days, any necessary changes to the Sec- ‘‘9 months’’; and rying out this section, the Secretary may ac- retary’s list of fisheries published under sec- (B) by striking ‘‘commercial fishing oper- cept, solicit, receive, hold, administer, and tion 114(b)(1) in the Federal Register on Au- ations’’ each place it appears and inserting use gifts, devises, and bequests.’’. gust 24, 1994 (along with an explanation of ‘‘fishing operations in fisheries listed under SEC. 10. FISHERIES GEAR DEVELOPMENT. such changes and a statement describing the subsection (c)(1)(A)(i) or (ii)’’. Section 111 (16 U.S.C. 1381) is amended as marine mammal stocks interacting with, (15) In subsection (f)(3) by striking ‘‘com- follows: and the approximate number of vessels or mercial’’. (1) Subsection (a) is amended to read as persons actively involved in, each such fish- (16) In subsection (f)(4)(B) by striking follows: ery), with respect to— ‘‘commercial fishing operations’’ and insert- ‘‘(a) FISHING GEAR DEVELOPMENT PRO- ‘‘(i) commercial and recreational fisheries ing ‘‘fishing operations in fisheries listed GRAM.— that have frequent incidental mortality and under subsection (c)(1)(A)(i) or (ii)’’. ‘‘(1) IN GENERAL.—The Secretary of Com- serious injury of marine mammals; (17) In subsection (f)(5)— merce (in this section referred to as the ‘Sec- ‘‘(ii) commercial and recreational fisheries (A) in subparagraph (A) by striking ‘‘6 retary’) shall— that have occasional incidental mortality months’’ and inserting ‘‘9 months’’; and ‘‘(A) carry out a program for the purpose of and serious injury of marine mammals; or (B) in subparagraphs (A) and (B) by strik- devising improved fishing gear and methods ‘‘(iii) commercial fisheries that have a re- ing ‘‘commercial’’ each place it appears. so as to reduce to the maximum extent prac- mote likelihood of or no known incidental (18) In subsection (f)(6)(A)— ticable the incidental taking of marine mortality or serious injury of marine mam- (A) by striking ‘‘(not later than 30 days)’’; mammals in connection with fishing oper- mals;’’. and ations; and (3) In subsection (c)(1) in subparagraphs (B) (B) in clause (ii) by striking ‘‘commercial ‘‘(B) make every practicable effort to de- and (C) by striking ‘‘commercial’’. fisheries’’ and inserting ‘‘fisheries listed velop, evaluate, and make available to own- (4) In subsection (c)(2)(A) by striking under subsection (c)(1)(A)(i) or (ii)’’. ers and operators of fishing vessels such gear ‘‘commercial’’. (19) In subsection (f)(6)(C) in the second and fishing method improvements as quickly (5) In subsection (c)(3)(A) in the matter sentence, by inserting before ‘‘, and others’’ as possible. preceding clause (i) by striking ‘‘a commer- the following: ‘‘, where appropriate a rep- ‘‘(2) COORDINATION WITH OTHER COUNTRIES.— cial fishery’’ and inserting ‘‘that fishery’’. resentative of the office of General Counsel The Secretary may coordinate with other (6) In subsection (c)(3)(E) by inserting of the National Oceanic and Atmospheric Ad- countries to foster gear technology transfer ‘‘commercial’’ after ‘‘any’’. ministration, a representative of the Na- initiatives to reduce to the maximum extent (7) In subsection (c)(5)(B) by striking tional Marine Fisheries Service having re- practicable the incidental mortality and se- ‘‘commercial’’. sponsibilities related to fisheries science, a rious injury of marine mammals throughout (8) In subsection (d)(1) in the matter pre- representative of the National Marine Fish- the full extent of their range.’’. ceding subparagraph (A) by striking ‘‘com- eries Service having responsibilities related (2) By adding at the end the following: mercial fishing operations’’ and inserting to law enforcement, and a representative of ‘‘(e) GEAR IMPROVEMENT MINI-GRANT PRO- ‘‘fishing operations in a fishery listed under the appropriate National Marine Fisheries GRAM.— subsection (c)(1)(A)(i) or (ii)’’. Service Regional Administrator’’. ‘‘(1) IN GENERAL.—Subject to the avail- (9) In subsection (d)(3) in the matter pre- (20) In subsection (f)(7)— ability of appropriations, the Secretary may ceding subparagraph (A) by striking ‘‘com- (A) in subparagraph (A)(i) by striking ‘‘6 establish a grant program to provide finan- mercial fisheries’’ and inserting ‘‘fisheries months’’ and inserting ‘‘9 months’’; cial assistance for developing, manufac- listed under subsection (c)(1)(A)(i) or (ii)’’. (B) in subparagraph (B)(i)— turing, testing, or designing new types of (10) In subsection (d)(4) as follows: (i) by striking ‘‘not later than 60 days’’ and fishing gear designed to reduce to the max- (A) In the matter preceding subparagraph inserting ‘‘not later than 120 days’’; and imum extent practicable the incidental tak- (A) by striking ‘‘commercial fisheries’’ and (ii) by adding at the end the following: ing (including incidental mortality and seri- inserting ‘‘fisheries listed under subsection ‘‘Before publishing any plan that is different ous injury) of marine mammals. (c)(1)(A)(i) or (ii)’’. than the draft plan proposed by a take reduc- ‘‘(2) GRANT AMOUNT AND PURPOSES.—The (B) In subparagraph (A) by striking ‘‘com- tion team, the Secretary shall reconvene the amount of a grant under this subsection may mercial fisheries’’ and inserting ‘‘fisheries team and explain to the team the differences not exceed $20,000. listed under subsection (c)(1)(A)(i) or (ii)’’. between the published plan and the draft ‘‘(3) GRANT APPLICATIONS.—To receive a (C) In subparagraph (B) by striking ‘‘com- plan proposed by the team.’’; and grant under this section, an applicant must mercial fisheries’’ and inserting ‘‘fisheries (C) in subparagraph (B)(ii)— submit an application in such form and man- listed under subsection (c)(1)(A)(i) or (ii)’’. (i) by striking ‘‘6 months’’ and inserting ‘‘9 ner as the Secretary may prescribe. (D) In subparagraph (C) by striking ‘‘com- months’’; and ‘‘(4) CONSULTATION REGARDING CRITERIA.— mercial fisheries’’ and inserting ‘‘fisheries (ii) by striking ‘‘not later than 8 months’’ The Secretary shall consult with the Sec- listed under subsection (c)(1)(A)(i) or (ii)’’. and inserting ‘‘not later than 11 months’’.

VerDate Aug 31 2005 03:57 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.004 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5228 CONGRESSIONAL RECORD — HOUSE July 17, 2006 (21) In subsection (f)(7)(C) by striking ‘‘Not mammal research institutions in developing SEC. 14. MARINE MAMMAL COMMISSION. later than 60 days’’ and inserting ‘‘Not later and in conducting the program. (a) NUMBER OF EMPLOYEES.—Section 206(5) than 90 days’’. ‘‘(4) The Secretary shall, by December 31 of (16 U.S.C. 1406(5)) is amended by striking ‘‘; (22) In subsection (f)(7)(D) by striking each year, submit an annual report on the except that no fewer than 11 employees must ‘‘commercial’’. results of research under this subsection to be employed under paragraph (1) at any (23) In subsection (f)(8)— the Committee on Resources of the House of time’’. (A) in subparagraph (C) by striking ‘‘Not Representatives and the Committee on Com- (b) ADMINISTRATION.—Section 206 (16 U.S.C. 1406) is amended— later than 60 days’’ and inserting ‘‘Not later merce, Science, and Transportation of the (1) in paragraph (4) by striking ‘‘(but at than 180 days’’; and Senate. rates for individuals not to exceed $100 per (B) by striking ‘‘commercial’’ each place it ‘‘(l) QUALIFIED NONLETHAL CONTROL appears. diem)’’; and PROJECTS.— (2) in paragraph (5) by striking ‘‘Financial’’ (24) In subsection (f)(9) as follows: ‘‘(1) IN GENERAL.—The Secretary may, to (A) In subparagraph (A) by striking ‘‘com- and all that follows through the end of that the extent amounts are available to carry sentence. mercial fisheries or restrict commercial fish- out this subsection, provide a grant to any SEC. 15. STRANDING AND ENTANGLEMENT RE- eries’’ and inserting ‘‘fisheries listed under eligible applicant to carry out a qualified subsection (c)(1)(A)(i) or (ii) or restrict such SPONSE. nonlethal control project in accordance with (a) COLLECTION AND UPDATING OF INFORMA- fisheries’’. this subsection. (B) In subparagraphs (B) and (C) by strik- TION.—Section 402(b)(1)(A) (16 U.S.C. ‘‘(2) APPLICATIONS.—The Secretary shall— 1421a(b)(1)(A)) is amended by inserting ‘‘or ing ‘‘commercial’’ each place it appears. ‘‘(A) publish guidelines for and solicit ap- entangled’’ after ‘‘stranded’’. (C) In subparagraph (D) by striking ‘‘com- plications for grants under this subsection (b) ENTANGLEMENT RESPONSE AGREE- mercial fishing operations’’ and inserting not later than 6 months after the date of en- MENTS.— ‘‘participation in a fishery listed under sub- actment of this subsection; and (1) IN GENERAL.—Section 403 (16 U.S.C. section (c)(1)(A)(i) or (ii)’’. ‘‘(B) receive, review, evaluate, and approve 1421b) is amended— (25) In subsection (g)(1) by striking ‘‘com- applications for grants under this sub- (A) by amending the section heading to mercial fisheries’’ and inserting ‘‘fisheries section. read as follows: listed under subsection (c)(1)(A)(i) or (ii)’’. ‘‘(3) ELIGIBLE APPLICANT.—To be an eligible ‘‘SEC. 403. STRANDING OR ENTANGLEMENT RE- (26) In subsection (g)(3)(B) by striking applicant for purposes of paragraph (1), an SPONSE AGREEMENTS.’’; and ‘‘commercial’’. applicant must— (B) in subsection (a) by inserting ‘‘or en- (27) In subsection (g)(4) by striking ‘‘com- ‘‘(A) be a State, local government, or inter- tanglement’’ before the period. mercial fishery’’ and inserting ‘‘fishery list- state or regional agency; and (2) CLERICAL AMENDMENT.—The table of ed under subsection (c)(1)(A)(i) or (ii)’’. ‘‘(B) have adequate personnel, funding, and contents at the end of the first section is (28) In subsection (j) by inserting ‘‘includ- authority to carry out and monitor or main- amended by striking the item relating to ing observer, research, and education and tain a nonlethal control of nuisance section 403 and inserting the following: outreach programs,’’ after ‘‘For purposes of pinnipeds project. carrying out this section,’’. ‘‘Sec. 403. Stranding or entanglement re- ‘‘(4) QUALIFIED CONTROL PROJECT.—To be a sponse agreements’’. (29) By amending subsection (d)(1)(C) to qualified control project under this sub- (c) LIABILITY.—Section 406(a) (16 U.S.C. read as follows: section, a project must— ‘‘(C) identify current fishery regulations 1421e(a)) is amended by inserting ‘‘or entan- ‘‘(A) by humane and nonlethal means, re- glement’’ after ‘‘stranding’’. and changes in fishing methods or tech- move, deter, and control nuisance pinnipeds nology that may increase or decrease inci- (d) ENTANGLEMENT DEFINED.— in areas where they are a recurrent and per- (1) IN GENERAL.—Section 410 (16 U.S.C. dental mortality and serious injury.’’. sistent threat to public health and safety; (30) In subsection (f)(2) in the last sentence 1421h) is amended— and (A) by redesignating paragraphs (1) by inserting ‘‘conservation benefits of’’ be- ‘‘(B) encourage public notice, education, fore ‘‘State or regional fishery management through (6) in order as paragraphs (2) and outreach on project activities in the af- through (7); and plans.’’. fected community. (31) By amending subsection (f)(4)(A) to (B) by inserting before paragraph (2) (as so ‘‘(5) GRANT DURATION.—Each grant under redesignated) the following: read as follows: this subsection shall be to provide funding ‘‘(A) a review of the information in the ‘‘(1) The term ‘entanglement’ means an for the Federal share of the cost of a project event in the wild in which a living or dead final stock assessment published under sec- carried out with the grant for up to 2 fiscal tion 117(b), any substantial new information, marine mammal has gear, rope, line, net, or years. other material wrapped around or attached a review of the conservation benefits from ‘‘(6) REPORTING BY GRANTEE.— current State and regional fishery manage- to it and is— ‘‘(A) IN GENERAL.—A grantee carrying out ‘‘(A) on a beach or shore of the United ment regulations;’’. a control project with a grant under this (b) STOCK ASSESSMENTS.—Section 117(a)(4) States; or subsection shall report to the Secretary at ‘‘(B) in waters under the jurisdiction of the is amended— the expiration of the grant. (1) by striking ‘‘and’’ at the end of subpara- United States.’’. ‘‘(B) REPORT CONTENTS.—Each report under graph (C); (2) CONFORMING AMENDMENT.—Section this subsection shall include specific infor- 408(a)(2)(B)(i) (16 U.S.C. 1421f–1(a)(2)(B)(i)) is (2) by inserting ‘‘and’’ at the end of sub- mation on the methods and techniques used paragraph (D); and amended by striking ‘‘section 410(6)’’ and in- to control nuisance pinniped species in the serting ‘‘section 410(7)’’. (3) by adding at the end the following: project area, and on the ensuing results. ‘‘(E) potential conservation benefits pro- (e) JOHN H. PRESCOTT MARINE MAMMAL ‘‘(7) COST SHARING.— vided by State and regional fishery manage- RESCUE ASSISTANCE GRANT PROGRAM.— ‘‘(A) FEDERAL SHARE.—Except as provided (1) AUTHORIZATION OF APPROPRIATIONS FOR ment regulations;’’. in paragraphs (2) and (3), the Federal share of (c) CONFORMING AMENDMENT.—Section GRANT PROGRAM.—Section 408(h) (16 U.S.C. the cost of a project carried out with a grant 101(a)(5)(E) (16 U.S.C. 1371(a)(5)(E)) is amend- 1421f–1(h)) is amended by striking ‘‘$5,000,000 under this subsection shall not exceed 75 per- ed by inserting ‘‘or recreational’’ after ‘‘com- for each of fiscal years 2001 through 2003’’ cent of such cost. mercial’’ each place it appears. and inserting ‘‘$5,000,000 for each of fiscal ‘‘(B) APPLICATION OF IN-KIND CONTRIBU- SEC. 13. PINNIPED CONTROL PROGRAM. years 2007 through 2010’’. TIONS.—The Secretary may apply to the non- Section 120 (16 U.S.C. 1389) is amended by (2) ADMINISTRATIVE COSTS AND EXPENSES.— Federal share of costs of a control project adding at the end the following: Section 408 (16 U.S.C. 1421f–1) is amended— carried out with a grant under this sub- ‘‘(k) NONLETHAL REMOVAL AND CONTROL.— (A) by adding at the end of subsection (1) The Secretary shall conduct a program on section the fair market value of services or (a)(1) the following: ‘‘All funds available to the nonlethal removal and control of nui- any other form of in-kind contribution to implement this section shall be distributed sance pinnipeds. The program shall include a the project made by non-Federal interests to eligible stranding network participants review of measures that have been taken to that the Secretary determines to be an ap- for the purposes set forth in this paragraph effect such removal and control, the effec- propriate contribution equivalent to the and paragraph (2), except as provided in sub- tiveness of these measures, and the develop- monetary amount required for the non-Fed- section (f).’’; and ment of new technologies to deter nuisance eral share of the activity. (B) by amending subsection (f) to read as pinnipeds. ‘‘(C) DERIVATION OF NON-FEDERAL SHARE.— follows: ‘‘(2) The Secretary shall include, among The non-Federal share of the cost of a con- ‘‘(f) ADMINISTRATIVE COSTS AND EX- the individuals that develop the program trol project carried out with a grant under PENSES.—Of the amounts available each fis- under this subsection, representatives of the this subsection may not be derived from a cal year to carry out this section, the Sec- commercial and recreational fishing indus- Federal grant program or other Federal retary may expend not more than 5 percent tries and, as appropriate, individuals with funds. or $80,000, whichever is greater, to pay the scientific proficiency, technical credentials, ‘‘(8) CLARIFICATION.—Nothing in this sub- administrative costs and administrative ex- and expertise. section shall be interpreted as suspending or penses to implement the grant program ‘‘(3) The Secretary is encouraged, where waiving any requirement under any other under subsection (a). Any such funds re- appropriate, to use independent marine provision of this Act.’’. tained by the Secretary for a fiscal year for

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such costs and expenses that are not used for resents all villages in the State of Alaska ‘‘(2) ADDITIONAL AUTHORITIES.—Any gun, such costs and expenses before the end of the that engage in the annual subsistence taking trap, net, or other equipment used, to aid in fiscal year shall be provided as grants under of polar bears from the Alaska-Chukotka the violation or attempted violation of this subsection (a).’’. population and any successor entity. title shall be subject to seizure and forfeiture (3) EMERGENCY ASSISTANCE.—Section 408 (16 ‘‘(3) IMPORT.—The term ‘import’ means to under section 106. U.S.C. 1421f–1) is amended— land on, bring into, or introduce into, or at- ‘‘(d) REGULATIONS.— (A) in subsection (a) by redesignating para- tempt to land on, bring into, or introduce ‘‘(1) IN GENERAL.—The Secretary shall pro- graph (2) as paragraph (3), and by inserting into, any place subject to the jurisdiction of mulgate such regulations as are necessary to after paragraph (1) the following: the United States, without regard to whether carry out this title and the Agreement. ‘‘(2) Subject to the availability of appro- the landing, bringing, or introduction con- ‘‘(2) ORDINANCES AND REGULATIONS.—If nec- priations, the Secretary may also enter into stitutes an importation within the meaning essary to carry out this title and the Agree- cooperative agreements, contracts, or such of the customs laws of the United States. ment, and to improve compliance with any other agreements or arrangements as the ‘‘(4) POLAR BEAR PART OR PRODUCT.—The annual taking limit or other restriction on Secretary considers appropriate to address term ‘part or product of a polar bear’ means taking adopted by the Commission and im- stranding events requiring emergency assist- any polar bear part or product, including the plemented by the Secretary in accordance ance.’’; gall bile and gall bladder. with this title, the Secretary may promul- (B) in subsection (d) by inserting ‘‘(1)’’ be- ‘‘(5) SECRETARY.—The term ‘Secretary’ gate regulations that adopt any ordinance or fore the text, and by adding at the end the means the Secretary of the Interior. regulation that restricts the taking of polar following: ‘‘(6) TAKING.—The term ‘taking’ has the bears for subsistence purposes if the ordi- ‘‘(2) Funding for emergency stranding meaning given the term in the Agreement. nance or regulation has been promulgated by projects shall not be subject to the funding ‘‘(7) COMMISSION.—The term ‘Commission’ the Alaska Nanuuq Commission. limit established in paragraph (1).’’; means the commission established under ar- ‘‘SEC. 504. COOPERATIVE MANAGEMENT AGREE- (C) in subsection (e)— ticle 8 of the Agreement. MENT; AUTHORITY TO DELEGATE (i) in paragraph (1) by striking ‘‘The non- ‘‘SEC. 502. PROHIBITIONS. ENFORCEMENT AUTHORITY. Federal’’ and inserting ‘‘Except as provided ‘‘(a) IN GENERAL.—It is unlawful for any ‘‘(a) IN GENERAL.—The Secretary, acting in paragraph (2), the non-Federal’’; person who is subject to the jurisdiction of through the Director of the United States (ii) by redesignating paragraph (2) as para- the United States— Fish and Wildlife Service, may share author- graph (3); and ‘‘(1) to take any polar bear in violation of ity under this title for the management of (iii) by inserting after paragraph (1) the the Agreement; the taking of polar bears for subsistence pur- following: ‘‘(2) to take any polar bear in violation of poses with the Alaska Nanuuq Commission if ‘‘(2) EMERGENCY ASSISTANCE.—No non-Fed- the Agreement or any annual taking limit or such commission is eligible under subsection eral contribution shall be required for fund- other restriction on the taking of polar bears (b). ing for a response to an emergency stranding that is adopted by the Commission pursuant ‘‘(b) DELEGATION.—To be eligible for the event.’’; and to the Agreement; management authority described in sub- (D) in subsection (g) by redesignating para- ‘‘(3) to import, export, possess, transport, section (a), the Alaska Nanuuq Commission graph (2) as paragraph (3) and inserting after sell, receive, acquire, or purchase, exchange, shall— paragraph (1) the following: barter, or offer to sell, purchase, exchange, ‘‘(1) enter into a cooperative agreement ‘‘(2) EMERGENCY ASSISTANCE.—The term or barter any polar bear, or any part or prod- with the Secretary under section 119 for the ‘emergency assistance’ means assistance uct of a polar bear, that is taken in violation conservation of polar bears; provided for a stranding event that— of paragraph (2); ‘‘(2) meaningfully monitor compliance ‘‘(A) is not an unusual mortality event as ‘‘(4) to import, export, sell, purchase, ex- with this title and the Agreement by Alaska defined in section 409(6); change, barter, or offer to sell, purchase, ex- Natives; and ‘‘(B) leads to an immediate increase in re- change, or barter, any polar bear gall bile or ‘‘(3) administer its co-management pro- quired costs for stranding response, recov- polar bear gall bladder; gram for polar bears in accordance with— ery, or rehabilitation in excess of regularly ‘‘(5) to commit, solicit another person to ‘‘(A) this title; and scheduled costs; commit, or cause to be committed, any of- ‘‘(B) the Agreement. ‘‘(C) may be cyclical or endemic; and fense under this subsection; or ‘‘SEC. 505. COMMISSION APPOINTMENTS; COM- ‘‘(D) may involve out-of-habitat animals.’’. ‘‘(6) to violate any regulation promulgated PENSATION, TRAVEL EXPENSES, AND CLAIMS. (4) CONTRIBUTIONS.—Section 408 (16 U.S.C. by the Secretary to implement any of the ‘‘(a) APPOINTMENT OF U.S. COMMIS- 1421f–1) is amended by adding at the end the prohibitions established in this subsection. SIONERS.— following: ‘‘(b) EXCEPTIONS.—For the purpose of fo- ‘‘(1) APPOINTMENT.—The United States ‘‘(i) CONTRIBUTIONS.—For purposes of car- rensic testing or any other law enforcement rying out this section, the Secretary may so- purpose, the Secretary, and Federal law en- commissioners on the Commission shall be licit, accept, receive, hold, administer, and forcement officials, and any State or local appointed by the President, in accordance use gifts, devises, and bequests.’’. law enforcement official authorized by the with paragraph 2 of article 8 of the Agree- (f) AUTHORIZATION OF APPROPRIATIONS FOR Secretary, may import a polar bear or any ment, after taking into consideration the MARINE MAMMAL UNUSUAL MORTALITY EVENT part or product of a polar bear. recommendations of— FUND.—Section 409(3) (16 U.S.C. 1421g(3)) is ‘‘SEC. 503. ADMINISTRATION. ‘‘(A) the Secretary; ‘‘(B) the Secretary of State; and amended by striking ‘‘$500,000 for fiscal year ‘‘(a) IN GENERAL.—The Secretary, acting 1993’’ and inserting ‘‘$125,000 for each of fiscal through the Director of the United States ‘‘(C) the Alaska Nanuuq Commission. years 2007 through 2010’’. Fish and Wildlife Service, shall do all things ‘‘(2) QUALIFICATIONS.—Both of the United SEC. 16. SCRIMSHAW EXEMPTION. necessary and appropriate, including the pro- States commissioners shall have knowledge Any valid certificate of exemption referred mulgation of regulations, to implement, en- or expertise in polar bears. to in section 18 of Public Law 103–238 (16 force, and administer the provisions of the ‘‘(3) SERVICE AND TERM.—Each United U.S.C. 1539 note) that was valid under that Agreement on behalf of the United States. States commissioner shall serve— section on April 29, 1999, shall be valid during The Secretary shall consult with the Sec- ‘‘(A) at the pleasure of the President; and the 11-year period beginning October 31, 1999. retary of State and the Alaska Nanuuq Com- ‘‘(B) for an initial 4-year term and such ad- ditional terms as the President shall deter- SEC. 17. POLAR BEARS. mission on matters involving the implemen- tation of the Agreement. mine. (a) IN GENERAL.—The Marine Mammal Pro- ‘‘(b) UTILIZATION OF OTHER GOVERNMENT ‘‘(4) VACANCIES.— tection Act of 1972 (16 U.S.C. 1361 et seq.) is RESOURCES AND AUTHORITIES.— ‘‘(A) IN GENERAL.—Any individual ap- amended by adding at the end thereof the ‘‘(1) OTHER GOVERNMENT RESOURCES.—The pointed to fill a vacancy occurring before the following: Secretary may utilize by agreement, with or expiration of any term of office of a United ‘‘TITLE V—POLAR BEARS without reimbursement, the personnel, serv- States commissioner shall be appointed for ‘‘SEC. 501. DEFINITIONS. ices, and facilities of any other Federal agen- the remainder of that term. ‘‘In this title: cy, any State agency, or the Alaska Nanuuq ‘‘(B) MANNER.—Any vacancy on the Com- ‘‘(1) AGREEMENT.—The term ‘Agreement’ Commission for purposes of carrying out this mission shall be filled in the same manner as means the Agreement Between the Govern- title or the Agreement. the original appointment. ment of the United States of America and ‘‘(2) OTHER POWERS AND AUTHORITIES.—Any ‘‘(b) ALTERNATE COMMISSIONERS.— the Government of the Russian Federation person authorized by the Secretary under ‘‘(1) IN GENERAL.—The Secretary, in con- on the Conservation and Management of the this subsection to enforce this title or the sultation with the Secretary of State and Alaska-Chukotka Polar Bear Population, Agreement shall have the authorities that the Alaska Nanuuq Commission, shall des- signed at Washington, D.C., on October 16, are enumerated in section 6(b) of the Lacey ignate an alternate commissioner for each 2000. Act Amendments of 1981 (16 U.S.C. 3375(b)). member of the United States section. ‘‘(2) ALASKA NANUUQ COMMISSION.—The ‘‘(c) ENSURING COMPLIANCE.— ‘‘(2) DUTIES.—In the absence of a United term ‘Alaska Nanuuq Commission’ means ‘‘(1) TITLE I AUTHORITIES.—The Secretary States commissioner, an alternate commis- the Alaska Native entity, in existence on the may use authorities granted under title I to sioner may exercise all functions of the date of enactment of this title, that rep- enforce this title. United States commissioner at any meetings

VerDate Aug 31 2005 03:57 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.004 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5230 CONGRESSIONAL RECORD — HOUSE July 17, 2006 of the Commission or of the United States ‘‘Sec. 506. Votes taken by the United States nonlethal measures to control nuisance section. Section on matters before the pinniped populations. Finally, H.R. 4075 ‘‘(3) REAPPOINTMENT.—An alternate com- Commission. clarifies the permit requirements for missioner— ‘‘Sec. 507. Implementation of actions taken marine mammals on public display. ‘‘(A) shall be eligible for reappointment by by the Commission. While it is not a major reauthoriza- the President; and ‘‘Sec. 508. Application with other titles of ‘‘(B) may attend all meetings of the United Act. tion of the Marine Mammal Protection States section. ‘‘Sec. 509. Authorization of appropriations.’’. Act, these amendments have been care- ‘‘(c) DUTIES.—The members of the United (c) TREATMENT OF CONTAINERS.—Section fully crafted and are specifically de- States section may carry out the functions 107(d)(2) of the Marine Mammal Protection signed to enhance the fundamental and responsibilities described in article 8 of Act of 1972 (16 U.S.C. 1377(d)(2)) is amended— conservation goals of this important the Agreement in accordance with this title (1) by striking ‘‘or other conveyance’’ and law. This is a good conservation bill. It and the Agreement. inserting ‘‘, other conveyance, or container’’; ‘‘(d) COMPENSATION AND EXPENSES.— is good for marine mammals, and it and ‘‘(1) COMPENSATION.—A member of the should be overwhelmingly adopted. (2) by striking ‘‘or conveyance’’ and insert- United States section shall serve without Finally, I wish to thank Chairman ing ‘‘conveyance, or container’’. compensation. HENRY HYDE of the International Rela- ‘‘(2) TRAVEL EXPENSES.—A member of the The SPEAKER pro tempore. Pursu- tions Committee and Chairman BILL United States section shall be allowed travel ant to the rule, the gentleman from Ar- THOMAS of the Ways and Means Com- expenses, including per diem in lieu of sub- izona (Mr. RENZI) and the gentleman mittee and their staffs for their co- sistence, at rates authorized for an employee from West Virginia (Mr. RAHALL) each operation in moving this legislation. of an agency under subchapter I of chapter 57 will control 20 minutes. of title 5, United States Code, while away At this time I will include in the The Chair recognizes the gentleman RECORD an exchange of letters between from the home or regular place of business of from Arizona. the member in the performance of the duties our committees on this bill. of the United States-Russia Polar Bear Com- GENERAL LEAVE I urge an ‘‘aye’’ vote on H.R. 4075. mission. Mr. RENZI. Mr. Speaker, I ask unani- COMMITTEE ON RESOURCES, ‘‘(e) AGENCY DESIGNATION.—The United mous consent that all Members may HOUSE OF REPRESENTATIVES, States section shall, for the purpose of title have 5 legislative days to revise and ex- Washington, DC, July 13, 2006. 28, United States Code, relating to claims tend their remarks and include extra- Hon. WILLIAM M. THOMAS, against the United States and tort claims Chairman, Committee on Ways and Means, procedure, be considered to be a Federal neous material on the bill under con- sideration. Washington, DC. agency. DEAR MR. CHAIRMAN: I ask your coopera- ‘‘SEC. 506. VOTES TAKEN BY THE UNITED STATES The SPEAKER pro tempore. Is there tion to help schedule consideration by the SECTION ON MATTERS BEFORE THE objection to the request of the gen- House of Representatives of H.R. 4075, the COMMISSION. tleman from Arizona? Marine Mammal Protection Act Amend- ‘‘In accordance with paragraph 3 of article There was no objection. ments of 2006, during the week of July 17–21, 8 of the Agreement, the United States sec- 2006. I have proposed an amendment to this tion , made up of commissioners appointed Mr. RENZI. Mr. Speaker, I yield my- bill which includes text from S. 2013, the by the President, shall vote on any issue be- self such time as I may consume. United States-Russia Polar Bear Conserva- fore the United States-Russia Polar Bear Mr. Speaker, I urge my colleagues to tion and Management Act of 2005. The Com- Commission only if there is no disagreement support this legislation, which reau- mittee on Ways and Means has a jurisdic- between the United States commissioners re- thorizes portions of the Marine Mam- garding the vote. tional interest in this Senate bill because of mal Protection Act, authored by Re- its inclusion of trade measures. ‘‘SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN sources Chairman RICHARD POMBO. My staff has worked with yours to develop BY THE COMMISSION. a mutually-agreed on text for this amend- ‘‘(a) IN GENERAL.—The Secretary shall The Marine Mammal Protection Act take all necessary actions to implement the was enacted in 1972 with the purpose of ment, and I have enclosed this amendment decisions and determinations of the Commis- protecting and restoring marine mam- for your review. I ask that you not seek a re- sion under paragraph 7 of article 8 of the mal populations. The act has been very ferral of H.R. 4075 based on the inclusion of Agreement. this language to expedite Floor scheduling. successful over its 30-year history in Of course, this action would not be consid- ‘‘(b) TAKING LIMITATION.—Not later than 60 recovering marine mammal popu- days after the date on which the Secretary ered as waiving or affecting your jurisdiction receives notice of the determination of the lations, and this legislation builds on over the subject matter of the amendment, Commission of an annual taking limit, or of those accomplishments. nor as precedent for any future referrals of the adoption by the Commission of other re- Recently, there have been many news similar measures. Moreover, if the bill is striction on the taking of polar bears for reports on the status of polar bears and conference with the Senate, I would support subsistence purposes, the Secretary shall other arctic marine mammal species. naming Ways and Means Committee mem- publish a notice in the Federal Register an- H.R. 4075 includes language which will bers to the conference committee for the trade provisions. I would also be pleased to nouncing the determination or restriction. allow for increased international co- ‘‘SEC. 508. APPLICATION WITH OTHER TITLES OF include this letter and your response in the ACT. operation to help protect the shared Congressional Record during consideration ‘‘The authority of the Secretary under this U.S.-Russia polar bear population. In of the bill on the Floor. title is in addition to, and shall not affect fact, without these provisions, the fu- Mr. Chairman, I have been very pleased the authority of the Secretary under, the ture of polar bear populations in Rus- with the tremendous degree of cooperation other titles of this Act or the Lacey Act sia is very much in jeopardy. It also between our two Committees. Your staff, es- Amendments of 1981 (16 U.S.C. 3371 et seq.) or authorizes much needed research which pecially Angela Ellard and Steven Schrage, the exemption for Alaskan natives under sec- will afford us the opportunity to better has been responsive and thoughtful, and my tion 101(b) of this Act. staff very much appreciates their support ‘‘SEC. 509. AUTHORIZATION OF APPROPRIATIONS. understand the needs of marine mam- and teamwork. I hope that you will give my ‘‘There is authorized to be appropriated to mals and give us the means to better request serious consideration and I look for- the Secretary to carry out this title and the conserve these species for future gen- ward to your response. Agreement $2,000,000 for each of fiscal years erations. Sincerely, 2007 through 2010.’’. H.R. 4075 also authorizes the Prescott RICHARD POMBO, (b) CLERICAL AMENDMENT.—The table of Marine Mammal Stranding program. Chairman. contents in the first section of the Marine The Prescott program has been very Mammal Protection Act of 1972 (16 U.S.C. COMMITTEE ON WAYS AND MEANS, successful in recovering and rehabbing 1361 et seq.) is amended by adding at the end HOUSE OF REPRESENTATIVES, the following: thousands of stranded marine mam- Washington, DC, July 13, 2006. ‘‘TITLE V—POLAR BEARS mals. The Prescott program supports a Hon. RICHARD W. POMBO, ‘‘Sec. 501. Definitions. network of facilities around the Nation Chairman, Committee on Resources, ‘‘Sec. 502. Prohibitions. that have dedicated themselves to the Washington, DC. ‘‘Sec. 503. Administration. recovery of stranded marine mammals. DEAR CHAIRMAN POMBO: Thank you for ‘‘Sec. 504. Cooperative management agree- H.R. 4075 includes additional provi- your letter regarding H.R. 4075, the ‘‘Marine ment; authority to delegate en- sions which will support the develop- Mammal Protection Act Amendments of forcement authority. 2006,’’ which is scheduled for floor consider- ‘‘Sec. 505. Commission appointments; com- ment of cleaner fishing gear to reduce ation during the week of July 17th. pensation, travel expenses, and interactions with marine mammals. It As you noted, the Committee on Ways and claims. also authorizes research to develop Means maintains jurisdiction over trade

VerDate Aug 31 2005 03:57 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.004 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5231 measures. H.R. 4075, as amended, includes ference. Please place our exchange of letters wealth of Massachusetts on behalf of text which falls within the jurisdiction of into the Record during the debate on this Springfield Technical Community Col- the Committee on Ways and Means. How- matter. lege, and for other purposes, as amend- ever, in order to expedite this bill for floor With best wishes, ed. consideration, the Committee will forgo ac- Sincerely, The Clerk read as follows: tion. This is being done with the under- HENRY J. HYDE, standing that it does not in any way preju- Chairman. H.R. 4376 dice the Committee with respect to the ap- Be it enacted by the Senate and House of Rep- Mr. Speaker, I reserve the balance of resentatives of the United States of America in pointment of conferees or its jurisdictional my time. prerogatives on this bill or similar legisla- Congress assembled, tion in the future. Mr. RAHALL. Mr. Speaker, I yield SECTION 1. SHORT TITLE. I appreciate your cooperation in this mat- myself such time as I may consume. This Act may be cited as the ‘‘Springfield ter and agree to your offer to include this ex- (Mr. RAHALL asked and was given Armory National Historic Site, Massachu- change of letters in the Congressional permission to revise and extend his re- setts Act of 2006’’. Record during floor consideration. marks.) SEC. 2. FINDINGS. Best regards, Mr. RAHALL. Mr. Speaker, in 1972 Congress finds as follows: (1) The Site commemorates the role of the BILL THOMAS, Congress enacted the Marine Mammal Chairman. Springfield Armory in the Nation’s military Protection Act to protect marine mam- history, a role that the Armory served for al- COMMITTEE ON RESOURCES, mals from harmful human activities. It most 200 years. HOUSE OF REPRESENTATIVES, is a landmark statute in our pantheon (2) The role of the Springfield Armory Washington, DC, July 12, 2006. of national environmental laws, pro- began in 1777, when the site was selected as Hon. HENRY J. HYDE, viding for the conservation and man- the location for a magazine and laboratory Chairman Committee on International Rela- agement of whales, dolphins, porpoises, for the development, production and storage of guns and powder during the American tions, Washington, DC. seals, sea lions, and other marine mam- DEAR MR. CHAIRMAN: I ask your coopera- Revolution. tion to help schedule, consideration by the mals. (3) Following the American Revolutionary House of Representatives of H.R. 4075, the In the past, consideration of amend- War, in 1794 Congress officially established Marine Mammal Protection Act Amend- ments to MMPA was done on a bipar- the Springfield Armory and for much of the ments of 2006, during the week of July 17–21, tisan basis, such as significant changes 19th century the Springfield Armory devel- 2006. I have proposed an amendment to this made by Congress in 1994. However, oped and supplied most of the military small bill which includes text from S. 2013, the during this Congress, I have stood op- arms manufactured by the United States for United States-Russia Polar Bear Conserva- the United States Armed Services. posed to further consideration of (4) In addition to its historical role in the tion and Management Act of 2005. Obviously, MMPA legislation the Resources Com- the Committee on International Relations development and manufacturing of small has a jurisdictional interest in this Senate mittee approved almost 1 year to this arms, the Springfield Armory was also the bill. day, until today. Let me emphasize site of Shay’s Rebellion. My staff has worked with yours to develop that my opposition was until today. (5) In 1968 the Armory was deactivated as a a mutually-agreed on text for this amend- This was because the bill would have military installation and in 1974 Congress es- ment, and I have enclosed this amendment eliminated a fundamental mandate of tablished the Springfield Armory National for your review. I ask that you not seek a re- MMPA known as the ‘‘deadline for the Historic Site. A portion of the Site is admin- istered by the National Park Service. The re- ferral of H.R. 4075 based on the inclusion of zero rate mortality goal.’’ In other this language to expedite Floor scheduling. mainder of the Springfield Armory National Of course, this action would not be consid- words, we, as a Nation, are to strive to Historic Site, known as the ‘‘Preservation ered as waiving or affecting your jurisdiction put into place management regimes Control Area’’, is owned and administered by over the subject matter of the amendment, which will reduce, and ideally elimi- the Commonwealth of Massachusetts on be- nor as precedent for any future referrals of nate, marine mammal fatalities at the half of Springfield Technical Community similar measures. Moreover, if the bill is hands of human beings. College. conferenced with the Senate, I would support The troublesome provision which (6) The Preservation Control Area contains naming International Relations Committee would have eliminated the deadline has several historic buildings that are in a state of disrepair. The deteriorating condition of members to the conference committee for been dropped from the legislation we the polar bear provisions. I would also be these historic buildings threatens to under- pleased to include this letter and your re- are now considering. In this regard I mine the character and integrity of the sponse in the Congressional Record during would like to express my appreciation Springfield Armory National Historic Site consideration of the bill on the Floor. to Chairman POMBO for agreeing to and their repair, renovation, maintenance Mr. Chairman, I have been very pleased this, and I am pleased to say that I sup- and rehabilitation is essential to the contin- with the tremendous degree of cooperation port the bill as amended today and ued preservation of the Site and its museum between our two Committees. Your staff has urge its approval by this body. and collections. been responsive and thoughtful, and my staff Mr. Speaker, I yield back the balance SEC. 3. PRESERVATION CONTROL AREA DEFINED. very much appreciates their support and For purposes of this Act, the term ‘‘Preser- teamwork. I hope that you will give my re- of my time. vation Control Area’’ means that portion of quest serious consideration, and I look for- Mr. RENZI. Mr. Speaker, I yield back the Site that is owned by the Common- ward to your response. the balance of my time. wealth, as defined in the Memorandum of Sincerely, The SPEAKER pro tempore. The Understanding Between the United States RICHARD POMBO, question is on the motion offered by and the Commonwealth of Massachusetts Chairman. the gentleman from Arizona (Mr. dated August 21, 1999. RENZI) that the House suspend the SEC. 4. COOPERATIVE AGREEMENT WITH RE- SPECT TO THE PRESERVATION CON- Hon. RICHARD W. POMBO, rules and pass the bill, H.R. 4075, as Chairman, Committee on Resources, Wash- TROL AREA. ington, DC. amended. (a) IN GENERAL.—The Secretary of the In- DEAR MR. CHAIRMAN: Thank you for your The question was taken; and (two- terior, acting through the National Park letter concerning H.R. 4075, the ‘‘Marine thirds having voted in favor thereof) Service, may enter into a cooperative agree- Mammal Protection Act Amendments of the rules were suspended and the bill, ment with the Commonwealth of Massachu- 2006.’’ I understand that the text of your pro- as amended, was passed. setts on behalf of Springfield Technical Com- posed amendment contains text from S. 2013, munity College to provide financial assist- A motion to reconsider was laid on ance to that college for the purpose of main- the ‘‘United States-Russia Polar Bear Con- the table. servation and Management Act of 2005.’’ taining, preserving, renovating, and rehabili- The language in question does impact the f tating any historic structures within the Rule X jurisdiction of the Committee on Springfield Armory National Historic Site, International Relations. However, since our SPRINGFIELD ARMORY NATIONAL including historic structures located within committees have developed a mutually HISTORIC SITE, MASSACHUSETTS the Preservation Control Area. (b) FIFTY PERCENT MATCH.—The Federal agreed-upon text for this amendment, I will ACT OF 2006 share of the cost of activities carried out agree not to seek a referral of H.R. 4075 in Mr. RENZI. Mr. Speaker, I move to using any assistance or grant under this Act order to expedite your Committee’s ability suspend the rules and pass the bill shall not exceed 50 percent. to schedule this for House consideration. I appreciate your willingness to support (H.R. 4376) to authorize the National The SPEAKER pro tempore. Pursu- the appointment of conferees from this Com- Park Service to enter into a coopera- ant to the rule, the gentleman from Ar- mittee on this matter, should it go to con- tive agreement with the Common- izona (Mr. RENZI) and the gentleman

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.005 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5232 CONGRESSIONAL RECORD — HOUSE July 17, 2006 from West Virginia (Mr. RAHALL) each bought them for $1 each. We restored these historic buildings are in a state of great will control 20 minutes. them, and those are the same deer disrepair and the college cannot easily move The Chair recognizes the gentleman hunting rifles that I used and I now to maintain and preserve them absent the full from Arizona. pass on to my son. The guys coming participation of the Park Service. Not only GENERAL LEAVE back from the Korean War and World does this deterioration of the facilities hurt the Mr. RENZI. Mr. Speaker, I ask unani- War II would actually dispense these college, but also undermines the mous consent that all Members may rifles through the Springfield Armory. attractiveness of the National Park Service have 5 legislative days to revise and ex- So for a guy who is a deer hunter, area, including the armory museum. tend their remarks and include extra- who is not that good of a shot, but for My legislation seeks to recognize and up- neous material on the bill under con- a guy who is a deer hunter, my first date the partnership that has existed over sideration. 30.06 we ever got came out of the these many years between the Park Service The SPEAKER pro tempore. Is there Springfield Armory Works. and the college by authorizing the Park Serv- objection to the request of the gen- So I am thankful today to be able to ice to enter into a cooperative agreement with tleman from Arizona? work with the ranking member and see the Commonwealth for NPS to provide finan- There was no objection. this legislation pushed through. cial assistance to the college for the purpose Mr. RENZI. Mr. Speaker, I yield my- Mr. Speaker, I yield back the balance of maintaining, preserving, renovating, and re- self such time as I may consume. of my time. habilitating the many historic structures within H.R. 4376, introduced by Congressman Mr. NEAL of Massachusetts. Mr. Speaker, I the Springfield Armory National Historic Site. RICHARD NEAL of Massachusetts and rise in support of H.R. 4376, the ‘‘Springfield The Park Service frequently enters into such amended by the House Resources Com- Armory National Historic Site, Massachusetts cooperative agreements where the object of mittee, would authorize the National Act of 2005.’’ This legislation authorizes the the agreement is of direct benefit to the Park Park Service to enter into a coopera- National Park Service to enter into a coopera- Service and its mission or for other public pur- tive agreement with the State of Mas- tive agreement with the Commonwealth of poses. If these great historic buildings on the sachusetts on behalf of Springfield Massachusetts on behalf of Springfield Tech- site can be renovated with the assistance of Technical Community College to main- nical Community College. the Park Service, it will bring forward a more tain and preserve lands the college Over 30 years ago, in 1974, my prede- vibrant and attractive historic site and mu- owns and administers within the cessor, Congressman Edward Boland, and seum. The Park Service and the college will Springfield Armory National Historic Senator KENNEDY were successful in creating be able to partner on many joint educational Site. the Springfield Armory National Historic Site. ventures that utilize these revitalized historic This is a noncontroversial bill, and I This Boland-Kennedy legislation set in motion facilities. urge its adoption. three decades of cooperation between the Na- The Springfield Armory National Historic Mr. Speaker, I reserve the balance of tional Park Service, which manages the ar- Site is a treasure to the city of Springfield, the my time. mory museum, and Springfield Technical Commonwealth of Massachusetts and to the Mr. RAHALL. Mr. Speaker, I yield Community College. Nation. The site is in desperate need of ren- myself such time as I may consume. The National Park Service and Springfield ovation. Enactment of this legislation is the (Mr. RAHALL asked and was given Technical Community College are neighbors first step toward ensuring the preservation of permission to revise and extend his re- that together occupy the National Historic Site. a site, which has played so vital a role in our marks.) The Springfield Armory was the first national Nation’s history. Mr. RAHALL. Mr. Speaker, the ma- armory in the United States. In fact, the ar- The SPEAKER pro tempore. The jority has already explained the pur- mory was founded in 1777, when the site was question is on the motion offered by pose of H.R. 4376, which was introduced selected as the location for a magazine and the gentleman from Arizona (Mr. by our colleague from Massachusetts, laboratory for the development, production, RENZI) that the House suspend the Representative RICHARD NEAL. and storage of guns and powder during the rules and pass the bill, H.R. 4376, as For nearly 200 years, the Springfield American Revolution. amended. Armory was important to the manufac- Following the American Revolutionary War, The question was taken; and (two- ture of U.S. military small arms. in 1794 Congress officially established the thirds having voted in favor thereof) Springfield Armory. George Washington visited the rules were suspended and the bill, b 1415 the site, which also happened to be the site of as amended, was passed. The national historic site, which was Shay’s Rebellion. For much of the 19th cen- A motion to reconsider was laid on established in 1974, includes historic re- tury, the Springfield Armory developed, manu- the table. sources administered by the National factured and supplied most of the small arms f Park Service as well as historic re- used by the United States armed services. TRAIL OF TEARS STUDY ACT sources owned by the Commonwealth The Springfield Armory National Historic Site of Massachusetts on behalf of the has a rich heritage that is an integral part of Mr. RENZI. Mr. Speaker, I move to Springfield Community College. our Nation’s history. suspend the rules and pass the bill The gentleman from Massachusetts, In 1968 the armory was deactivated as a (H.R. 3085) to amend the National Representative NEAL, is to be com- military installation and in 1974 Congress es- Trails System Act to update the feasi- mended for his efforts to preserve this tablished the National Historic Site. The Na- bility and suitability study originally historic site. He has worked diligently tional Park Service has operated the armory prepared for the Trail of Tears Na- to maintain and enhance the relation- museum on these grounds, and it houses the tional Historic Trail and provide for ship between Federal, State and local most outstanding and historically significant the inclusion of new trail segments, interests involved in the preservation arms collection in the country. land components, and campgrounds as- and interpretation of the historic re- The future and fate of both the armory mu- sociated with that trail, and for other sources located at the Springfield Ar- seum and Springfield Technical Community purposes, as amended. mory site. College are inextricably linked. Many of the The Clerk read as follows: Mr. Speaker, we support H.R. 4376 historic buildings on the site are actually lo- H.R. 3085 and urge adoption of the legislation by cated on the college’s property, not National Be it enacted by the Senate and House of Rep- the House today. Park Service land, although a visitor to the resentatives of the United States of America in Congress assembled, Mr. Speaker, I yield back the balance campus would not be able to tell where NPS SECTION 1. REVISION OF FEASIBILITY AND SUIT- of my time. property ends and college property begins. ABILITY STUDY OF TRAIL OF TEARS Mr. RENZI. Mr. Speaker, I yield my- The land outside the portion of the site ad- NATIONAL HISTORIC TRAIL. self such time as I may consume. ministered by NPS is known as the ‘‘Preserva- Section 5(a)(16) of the National Trails System Mr. Speaker, I want to add a personal tion Control Area.’’ These college-owned build- Act (16 U.S.C. 1244(a)(16)) is amended— note, if I could. ings are subject to strict architectural and (1) in subparagraph (B), by striking ‘‘sub- sections’’ and inserting ‘‘sections’’; and In 1960, my father, Major General preservation rules. Many of these historic (2) by adding at the end the following new Gene Renzi, went to Springfield Ar- buildings owned by the college must be pre- subparagraph: mory and bought two 30.06 sniper rifles served and maintained pursuant to standards ‘‘(C) Not later than 6 months after the date of that were used in the Korean War. We defined by the Secretary of the Interior. But the enactment of this Act, the Secretary of the

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 6333 E:\CR\FM\K17JY7.008 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5233 Interior shall complete the remaining criteria Mr. Speaker, we support H.R. 3085 geared toward respecting the private and submit to Congress a study regarding the and I have no objection to adoption of property of citizens and administration feasibility and suitability of designating, as ad- the legislation by the House today. of the current Trail of Tears National ditional components of the Trail of Tears Na- Mr. Speaker, I reserve the balance of Historic Trail and will continue to do tional Historic Trail, the following routes and land components by which the Cherokee Nation my time. so upon the addition of these routes. was removed to Oklahoma: Mr. RENZI. Mr. Speaker, I yield such The designation and interpretation of ‘‘(i) The Benge and Bell routes. time as he may consume to the gen- the sites and trails associated with the ‘‘(ii) The land components of the designated tleman from Tennessee, Mr. ZACK Cherokee removal will enhance public water routes in Alabama, Arkansas, Oklahoma, WAMP, the author of the bill. understanding of American history. and Tennessee. Mr. WAMP. Mr. Speaker, I want to Our greatness as a Nation is our ability ‘‘(iii) The routes from the collection forts in thank both gentlemen, the gentleman to look at our own history objectively Alabama, Georgia, North Carolina, and Ten- from Arizona and the gentleman from and in proper perspective, being mind- nessee to the emigration depots. ‘‘(iv) The related campgrounds located along West Virginia, certainly the chairman ful of the errors of the past in order not the routes and land components described in of the full committee, Mr. POMBO, the to repeat them. clauses (i) through (iii).’’. subcommittee chairman, the ranking Through this legislation, we will The SPEAKER pro tempore. Pursu- member of the subcommittee as well, honor the historic footsteps taken by ant to the rule, the gentleman from Ar- and everyone who has worked on this the Cherokee, document their courage, and highlight their character as a izona (Mr. RENZI) and the gentleman bill. I am very proud to be the lead great tribe of strong people. from West Virginia (Mr. RAHALL) each sponsor of H.R. 3085. I think it is a very Finally, because of historical signifi- will control 20 minutes. important issue for the Congress to cance, H.R. 3085 enjoys broad support The Chair recognizes the gentleman take up, and I urge all of my colleagues not only within Congress, but also with from Arizona. to vote for it. H.R. 3085, the Trail of Tears Study the Cherokee Nation, the Eastern Band GENERAL LEAVE of Cherokee and associated trail orga- Mr. RENZI. Mr. Speaker, I ask unani- Act, is cosponsored by 20 of my col- leagues, all from districts and States in nizations such as the Trail of Tears As- mous consent that all Members may sociation. This legislation is a wonder- have 5 legislative days to revise and ex- which the additional components are located. I would also like to add that S. ful example of how Congress can better tend their remarks and include extra- understand a national event through neous material on the bill under con- 1970, the Senate companion bill, is sponsored by Senator TOM COBURN and commemoration of the Cherokee story. sideration. I believe the Secretary of Interior cosponsored by the majority leader, The SPEAKER pro tempore. Is there will find that the additional routes BILL FRIST, and Senator LAMAR ALEX- objection to the request of the gen- meet the historical significance, suit- ANDER. tleman from Arizona? ability, and feasibility required by the As a consequence of the Indian Re- There was no objection. National Park Service for designation moval Act of 1830, a detachment led by Mr. RENZI. Mr. Speaker, I yield my- as part of the Trail of Tears National John Benge traveled 734 miles starting self such time as I may consume. Historic Trail. H.R. 3085, introduced by Congressman at Fort Payne, Alabama, and con- On June 29 of last year, I introduced ZACK WAMP of Tennessee and amended tinuing through Tennessee, Kentucky, H.R. 3085 at a press conference with by the House Resources Committee, Missouri, Arkansas and Oklahoma. Principal Chief of the Cherokee Nation would amend the National Trails Sys- The treaty party group, led by John Chadwick Smith, the Vice Chief of the tem Act to update the feasibility and A. Bell, traveled 765 miles, starting at Eastern Band of Cherokee Nation suitability study originally prepared Charleston, Tennessee, traveling Larry Blythe, the Trail of Tears Asso- for the Trail of Tears in 1987 to provide through 10 counties in Tennessee, pass- ciation, and many of the original co- ing through Arkansas, and on to Okla- for the inclusion of new trail segments, sponsors like Congressmen CHARLES homa. Also included are 29 forts and land components, and campgrounds as- TAYLOR, JIMMY DUNCAN, TOM COLE, immigration depots located near Fort sociated with the trail, particularly MARION BERRY and LINCOLN DAVIS. the Bell and Benge segments. Payne, Alabama; Ross’s Landing, I would like to thank Rob Howarth As my colleagues are aware, the present-day Chattanooga; and Fort and the entire National Park Service Trail of Tears National Historic Trail Cass, present-day Charleston, Ten- staff, the staff of the House Resources encompasses the primary water route nessee, where the Cherokee initially Committee and the subcommittee, and and northern land route used during were taken after being rounded up from my legislative director, Melissa Chap- the forced removal of the Cherokee Na- their homes. man, for a job very well done. tion from its homelands in the South- Consequently, the intent of H.R. 3085 I would also like to say anecdotally, east United States to Indian Territory, is to study an expansion of the current in east Tennessee we are claiming the which is present-day Oklahoma. Trail of Tears National Historic Trail, Trail of Tears as part of our heritage, I urge adoption of this bill. which Congress designated in 1987, to as part of our strength. On the Ten- Mr. Speaker, I reserve the balance of include these additional documented nessee River, we have the Moccasin my time. components into the National Trails Bend National Archeological District Mr. RAHALL. Mr. Speaker, I yield System Act. now being implemented by the Na- myself such time as I may consume. The proposed additions have been tional Park Service. We have the pas- (Mr. RAHALL asked and was given documented by the National Park sage at Ross’s Landing, which is an ex- permission to revise and extend his re- Service historians, military journals traordinary waterfall leading down to marks.) and newspaper accounts. The bill di- the Tennessee River, which in Cher- Mr. RAHALL. Mr. Speaker, the ma- rects the Secretary of the Interior to okee art tells the story of the Trail of jority has already explained the pur- complete within 6 months the remain- Tears. Up river at Blythe Ferry we pose of H.R. 3085 which was introduced ing criteria necessary to determine the have the Cherokee Memorial Park by our colleague from Tennessee, Mr. designation of additional routes to the under construction, where 8,000 Cher- ZACK WAMP. Trail of Tears National Historic Trail. okee all crossed the Tennessee River at There is wide support for a trail Even today, many interpretation ac- the same time, and now the Trail of study and designation by members of tivities along the Trail of Tears seek to Tears Documentation Act. So we are the Cherokee Nation and others inter- remember the historic routes taken by very grateful for the cooperation and ested in the history of the forced re- the Benge detachment and the Bell participation we have had. moval of Native Americans from por- Treaty party as we are considering in- Mr. Speaker, I urge passage. tions of the Eastern U.S. It is our hope clusion in the National Trails System. Mr. RAHALL. Mr. Speaker, I yield that the study of these additional trail I want to be very clear that it is my back the balance of my time. segments will help to develop the most intent that this legislation respect pri- Mr. RENZI. Mr. Speaker, I yield back appropriate means to preserve and in- vate property rights absolutely. I be- the balance of my time. terpret this important aspect of our lieve the National Park Service has The SPEAKER pro tempore. The American History. demonstrated strong partnerships question is on the motion offered by

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.007 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5234 CONGRESSIONAL RECORD — HOUSE July 17, 2006 the gentleman from Arizona (Mr. ‘‘(1) The work for which such Federal section referred to as the ‘‘Office’’), headed RENZI) that the House suspend the grants are authorized shall be subject to the by the Inspector General of the Transit Au- rules and pass the bill, H.R. 3085, as provisions of the Compact (consistent with thority (hereafter in this section referred to amended. the amendments to the Compact described in as the ‘‘Inspector General’’). subsection (d)). (2) DEFINITION.—In paragraph (1), the The question was taken. ‘‘(2) Each such Federal grant shall be for 50 ‘‘Washington Metropolitan Area Transit Au- The SPEAKER pro tempore. In the percent of the net project cost of the project thority’’ means the Authority established opinion of the Chair, two-thirds of involved, and shall be provided in cash from under Article III of the Washington Metro- those present have voted in the affirm- sources other than Federal funds or revenues politan Area Transit Authority Compact ative. from the operation of public mass transpor- (Public Law 89–774). Mr. RENZI. Mr. Speaker, on that I tation systems. Consistent with the terms of (b) INSPECTOR GENERAL.— demand the yeas and nays. the amendment to the Compact described in (1) APPOINTMENT.—The Inspector General The yeas and nays were ordered. subsection (d)(1), any funds so provided shall shall be appointed by the vote of a majority be solely from undistributed cash surpluses, The SPEAKER pro tempore. Pursu- of the Board of Directors of the Transit Au- replacement or depreciation funds or re- thority, and shall be appointed without re- ant to clause 8 of rule XX and the serves available in cash, or new capital. gard to political affiliation and solely on the Chair’s prior announcement, further ‘‘(c) APPLICABILITY OF REQUIREMENTS FOR basis of integrity and demonstrated ability proceedings on this question will be MASS TRANSPORTATION CAPITAL PROJECTS in accounting, auditing, financial analysis, postponed. RECEIVING FUNDS UNDER FEDERAL TRANSPOR- law, management analysis, public adminis- TATION LAW.—Except as specifically provided f tration, or investigations, as well as famili- in this section, the use of any amounts ap- arity or experience with the operation of NATIONAL CAPITAL TRANSPOR- propriated pursuant to the authorization transit systems. TATION AMENDMENTS ACT OF under this section shall be subject to the re- (2) TERM OF SERVICE.—The Inspector Gen- 2006 quirements applicable to capital projects for eral shall serve for a term of 5 years, and an which funds are provided under chapter 53 of individual serving as Inspector General may Mr. TOM DAVIS of Virginia. Mr. title 49, United States Code, except to the ex- be reappointed for not more than 2 addi- Speaker, I move to suspend the rules tent that the Secretary of Transportation tional terms. and pass the bill (H.R. 3496) to amend determines that the requirements are incon- (3) REMOVAL.—The Inspector General may the National Capital Transportation sistent with the purposes of this section. be removed from office prior to the expira- ‘‘(d) AMENDMENTS TO COMPACT.—No tion of his term only by the unanimous vote Act of 1969 to authorize additional Fed- amounts may be provided to the Transit Au- of all of the members of the Board of Direc- eral contributions for maintaining and thority pursuant to the authorization under tors of the Transit Authority, and the Board improving the transit system of the this section until the Transit Authority no- shall communicate the reasons for any such Washington Metropolitan Area Transit tifies the Secretary of Transportation that removal to the Governor of Maryland, the each of the following amendments to the Authority, and for other purposes, as Governor of Virginia, the Mayor of the Dis- Compact (and any further amendments amended. trict of Columbia, the chair of the Com- which may be required to implement such The Clerk read as follows: mittee on Government Reform of the House amendments) have taken effect: of Representatives, and the chair of the Com- H.R. 3496 ‘‘(1) An amendment requiring all payments mittee on Homeland Security and Govern- Be it enacted by the Senate and House of Rep- made by the local signatory governments for mental Affairs of the Senate. resentatives of the United States of America in the Transit Authority and for the cost of op- Congress assembled, erating and maintaining the adopted re- (c) DUTIES.— (1) APPLICABILITY OF DUTIES OF INSPECTOR SECTION 1. SHORT TITLE; FINDINGS. gional system are made from amounts de- GENERAL OF EXECUTIVE BRANCH ESTABLISH- (a) SHORT TITLE.—This Act may be cited as rived from dedicated funding sources. For MENT.—The Inspector General shall carry the ‘‘National Capital Transportation purposes of this paragraph, a ‘dedicated out the same duties and responsibilities with Amendments Act of 2006’’. funding source’ is any source of funding respect to the Transit Authority as an In- (b) FINDINGS.—Congress finds as follows: which is earmarked and required under State spector General of an establishment carries (1) Metro, the public transit system of the or local law to be used for payments to the out with respect to an establishment under Washington metropolitan area, is essential Transit Authority. section 4 of the Inspector General Act of 1978 for the continued and effective performance ‘‘(2) An amendment establishing the Office (5 U.S.C. App. 4), under the same terms and of the functions of the Federal Government, of the Inspector General of the Transit Au- conditions which apply under such section. and for the orderly movement of people dur- thority in accordance with section 3 of the (2) CONDUCTING ANNUAL AUDIT OF FINANCIAL ing major events and times of regional or na- National Capital Transportation Amend- STATEMENTS.—The Inspector General shall be tional emergency. ments Act of 2006. responsible for conducting the annual audit (2) On 3 occasions, Congress has authorized ‘‘(3) An amendment expanding the Board of of the financial accounts of the Transit Au- appropriations for the construction and cap- Directors of the Transit Authority to include thority, either directly or by contract with ital improvement needs of the Metrorail sys- 4 additional Directors appointed by the Ad- an independent external auditor selected by tem. ministrator of General Services, of whom 2 the Inspector General. (3) Additional funding is required to pro- shall be nonvoting and 2 shall be voting, and (3) REPORTS.— tect these previous Federal investments and requiring one of the voting members so ap- (A) SEMIANNUAL REPORTS TO TRANSIT AU- ensure the continued functionality and via- pointed to be a regular passenger and cus- THORITY.—The Inspector General shall pre- bility of the original 103-mile Metrorail sys- tomer of the bus or rail service of the Tran- pare and submit semiannual reports summa- tem. sit Authority. rizing the activities of the Office in the same SEC. 2. FEDERAL CONTRIBUTION FOR CAPITAL ‘‘(e) AMOUNT.—There are authorized to be appropriated for grants under this section manner, and in accordance with the same PROJECTS FOR WASHINGTON MET- deadlines, terms, and conditions, as an In- ROPOLITAN AREA TRANSIT SYSTEM. such sums as are made available to the Sec- spector General of an establishment under The National Capital Transportation Act retary of Treasury to make payments to the section 5 of the Inspector General Act of 1978 of 1969 (sec. 9–1111.01 et seq., D.C. Official Transit Authority pursuant to section 9(k) of (5 U.S.C. App. 5). For purposes of applying Code) is amended by adding at the end the the Outer Continental Shelf Lands Act (43 section 5 of such Act to the Inspector Gen- following new section: U.S.C. 1338). ‘‘(f) AVAILABILITY.—Amounts appropriated eral, the Board of Directors of the Transit ‘‘AUTHORIZATION OF ADDITIONAL FEDERAL CON- pursuant to the authorization under this sec- Authority shall be considered the head of the TRIBUTION FOR CAPITAL AND PREVENTIVE tion— establishment, except that the Inspector MAINTENANCE PROJECTS ‘‘(1) shall remain available until expended; General shall transmit to the General Man- ‘‘SEC. 18. (a) AUTHORIZATION.—Subject to and ager of the Transit Authority a copy of any the succeeding provisions of this section, the ‘‘(2) shall be in addition to, and not in lieu report submitted to the Board pursuant to Secretary of Transportation is authorized to of, amounts available to the Transit Author- this paragraph. make grants to the Transit Authority, in ad- ity under chapter 53 of title 49, United States (B) ANNUAL REPORTS TO LOCAL SIGNATORY dition to the contributions authorized under Code, or any other provision of law.’’. GOVERNMENTS AND CONGRESS.—Not later than sections 3, 14, and 17, for the purpose of fi- SEC. 3. WASHINGTON METROPOLITAN AREA January 15 of each year, the Inspector Gen- nancing in part the capital and preventive TRANSIT AUTHORITY INSPECTOR eral shall prepare and submit a report sum- maintenance projects included in the Capital GENERAL. marizing the activities of the Office during Improvement Program approved by the (a) ESTABLISHMENT OF OFFICE.— the previous year, and shall submit such re- Board of Directors of the Transit Authority. (1) IN GENERAL.—The Washington Metro- ports to the Governor of Maryland, the Gov- ‘‘(b) USE OF FUNDS.—The Federal grants politan Area Transit Authority (hereafter re- ernor of Virginia, the Mayor of the District made pursuant to the authorization under ferred to as the ‘‘Transit Authority’’) shall of Columbia, the chair of the Committee on this section shall be subject to the following establish in the Transit Authority the Office Government Reform of the House of Rep- limitations and conditions: of the Inspector General (hereafter in this resentatives, and the chair of the Committee

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on Homeland Security and Governmental Af- (3) EQUIPMENT AND SUPPLIES.—The General (C) The Transit Authority has submitted a fairs of the Senate. Manager of the Transit Authority shall pro- statement to the Committee on Government (4) INVESTIGATIONS OF COMPLAINTS OF EM- vide the Office with appropriate and ade- Reform of the House of Representatives and PLOYEES AND MEMBERS.— quate office space, together with such equip- the Committee on Homeland Security and (A) AUTHORITY.—The Inspector General ment, supplies, and communications facili- Governmental Affairs of the Senate certi- may receive and investigate complaints or ties and services as may be necessary for the fying that the Transit Authority has met the information from an employee or member of operation of the Office, and shall provide conditions described in subparagraphs (A) the Transit Authority concerning the pos- necessary maintenance services for such of- and (B). sible existence of an activity constituting a fice space and the equipment and facilities (2) PROPERTY DESCRIBED.—The property de- violation of law, rules, or regulations, or located therein. scribed in this paragraph consists of Lots mismanagement, gross waste of funds, abuse (e) TRANSFER OF FUNCTIONS.—To the extent 820, 821, 822, 823, 829, 831, 832, 833, 839, 840, 841, of authority, or a substantial and specific that any office or entity in the Transit Au- 845, 846, 847, 848, 849, 850, and 851 in Square danger to the public health and safety. thority prior to the appointment of the first 3352 and Lots 811, 812, and 813 in Square 3353 (B) NONDISCLOSURE.—The Inspector Gen- Inspector General under this section carried of the District of Columbia Real Property eral shall not, after receipt of a complaint or out any of the duties and responsibilities as- Assessment Database. information from an employee or member, signed to the Inspector General under this (c) RESTRICTIONS ON DEVELOPMENT OF CER- disclose the identity of the employee or section, the functions of such office or entity TAIN PROPERTIES.— shall be transferred to the Office upon the member without the consent of the employee (1) RESTRICTION.—The Transit Authority or member, unless the Inspector General de- appointment of the first Inspector General may not sell, lease, or otherwise convey any under this section. termines such disclosure is unavoidable dur- of the real property described in paragraph ing the course of the investigation. SEC. 4. RESTRICTIONS ON DISPOSITION OF CER- (2) other than in accordance with a develop- TAIN PROPERTIES. (C) PROHIBITING RETALIATION.—An em- ment plan for the property which meets the (a) PROHIBITION ON DISPOSITION OF CERTAIN ployee or member of the Transit Authority following requirements: PROPERTY.— who has authority to take, direct others to (A) The plan shall require that any portion (1) IN GENERAL.—The Washington Metro- take, recommend, or approve any personnel politan Area Transit Authority (hereafter in of the property used for residential purposes action, shall not, with respect to such au- this section referred to as the ‘‘Transit Au- shall be used only for owner-occupied, multi- thority, take or threaten to take any action thority’’) may not sell, lease, or otherwise family dwellings. against any employee or member as a re- convey or dispose of the property described (B) The plan must provide for the use of a prisal for making a complaint or disclosing in paragraph (2) unless the Transit Authority portion of the property for commercial pur- information to the Inspector General, unless meets each of the following conditions: poses. the complaint was made or the information (A) The Transit Authority has held a sepa- (C) The plan shall be developed in con- disclosed with the knowledge that it was rate, additional public hearing after October sultation with appropriate representatives of false or with willful disregard for its truth or 20, 2005, regarding the disposition of the the local governments and communities for falsity. property at which members of the general the area in which the property is located. (5) INDEPENDENCE IN CARRYING OUT DU- public had the opportunity to comment. (2) PROPERTY DESCRIBED.—The property de- TIES.—Neither the Board of Directors of the (B) The Transit Authority has submitted a scribed in this paragraph is any real prop- Transit Authority, the General Manager of report to the Committee on Government Re- erty of the Transit Authority which is lo- the Transit Authority, nor any other mem- form of the House of Representatives and the cated within one mile of the Largo Town ber or employee of the Transit Authority Committee on Homeland Security and Gov- Center Metro Rail Station. may prevent or prohibit the Inspector Gen- ernmental Affairs of the Senate on the costs (d) NO EFFECT ON OTHER AUTHORITIES.—Ex- eral from carrying out any of the duties or and benefits associated with the disposition cept as specifically provided, nothing in this responsibilities assigned to the Inspector of the property, the impact of the disposition section may be construed to affect any law, General under this section. on parking facilities available at the Vienna rule, or regulation governing the develop- (d) POWERS.— Metrorail station, and the effect of the dis- ment or disposition of real property of the (1) IN GENERAL.—The Inspector General position on the capacity of the Vienna Met- Transit Authority. may exercise the same authorities with re- rorail station and the entire Metrorail sys- SEC. 5. STUDY AND REPORT BY COMPTROLLER spect to the Transit Authority as an Inspec- tem. GENERAL. tor General of an establishment may exer- (2) PROPERTY DESCRIBED.—The property de- (a) STUDY.—The Comptroller General shall cise with respect to an establishment under scribed in this subsection consists of ap- conduct a study on the use of the funds pro- section 6(a) of the Inspector General Act of proximately 3.75 acres located in Fairfax vided under section 18 of the National Cap- 1978 (5 U.S.C. App. 6(a)), other than para- County, Virginia, and is contained in all or ital Transportation Act of 1969 (as added by graphs (7), (8), and (9) of such section. part of the following parcels on the Fairfax this Act). (2) STAFF.— County tax map: (b) REPORT.—Not later than 3 years after (A) ASSISTANT INSPECTOR GENERALS AND (A) Parcel 48—1((1)), 90 Portion. the date of the enactment of this Act, the OTHER STAFF.—The Inspector General shall (B) Parcel 48—1((1)), 91B Portion. Comptroller General shall submit a report to appoint and fix the pay of— (C) Parcel 48—1((6)), 7A. the Committee on Government Reform of (i) an Assistant Inspector General for Au- (D) Parcel 48—1((6)), 8B. the House of Representatives and the Com- dits, who shall be responsible for coordi- (E) Parcel 48—1((24)), 38A. mittee on Homeland Security and Govern- nating the activities of the Inspector Gen- (b) CONDITIONS FOR DISPOSITION OF CERTAIN mental Affairs of the Senate on the study eral relating to audits; PROPERTY.— conducted under subsection (a). (ii) an Assistant Inspector General for In- (1) IN GENERAL.—The Transit Authority The SPEAKER pro tempore. Pursu- vestigations, who shall be responsible for co- may not sell, lease, or otherwise convey or ant to the rule, the gentleman from ordinating the activities of the Inspector dispose of the property described in para- Virginia (Mr. TOM DAVIS) and the gen- General relating to investigations; and graph (2) unless the Transit Authority meets (iii) such other personnel as the Inspector each of the following conditions: tlewoman from the District of Colum- General considers appropriate. (A) The Transit Authority has met with bia (Ms. NORTON) each will control 20 (B) INDEPENDENCE IN APPOINTING STAFF.— the Mayor and members of the Council of the minutes. No individual may carry out any of the du- City of Takoma Park, Maryland, and com- Mr. HENSARLING. Mr. Speaker, is ties or responsibilities of the Office unless munity representatives to discuss each of the gentlewoman opposed to the mo- the individual is appointed by the Inspector the following issues related to the disposi- tion? If not, I request the time in oppo- General, or provides services procured by the tion of such property: sition. Inspector General, pursuant to this para- (i) The movement of buses and other vehi- The SPEAKER pro tempore. Is the graph. Nothing in this subparagraph may be cles, pedestrians, and bicycles to and from gentlewoman from the District of Co- construed to prohibit the Inspector General the Takoma Park Metrorail station. from entering into a contract or other ar- (ii) The provision of bus bays, based on rec- lumbia opposed to the motion? rangement for the provision of services ommendations of the Transit Authority and Ms. NORTON. Mr. Speaker, I am not under this section. the Maryland Transit Administration’s Ride- opposed to the legislation, nor should (C) APPLICABILITY OF TRANSIT SYSTEM PER- On program. anybody else in this Chamber be. SONNEL RULES.—None of the regulations gov- (iii) The enhancement of public green The SPEAKER pro tempore. Is the erning the appointment and pay of employ- space on the property, based on the Central gentleman from Texas opposed to the ees of the Transit System shall apply with District Plan for Takoma DC. motion? respect to the appointment and compensa- (B) The Transit Authority will work with Mr. HENSARLING. I am, Mr. Speak- tion of the personnel of the Office, except to residents and elected officials of Takoma the extent agreed to by the Inspector Gen- Park, Maryland, and the Takoma area of the er. eral. Nothing in the previous sentence may District of Columbia throughout the plan- The SPEAKER pro tempore. Pursu- be construed to affect subparagraphs (A) ning phase of the development of such prop- ant to clause 1(c) of rule XV, the gen- through (B). erty. tleman from Texas (Mr. HENSARLING)

VerDate Aug 31 2005 03:57 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.009 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5236 CONGRESSIONAL RECORD — HOUSE July 17, 2006 will be recognized for 20 minutes along and contractors. Metro’s record Without the legislation we are con- with the gentleman from Virginia (Mr. riderships have occurred during his- sidering today, the Federal funding for TOM DAVIS). toric events, where people from all over Metro that was authorized as part of The Chair recognizes the gentleman the country flocked to the Nation’s the Deep Ocean Energy Resources Act from Virginia. Capital for the national gathering; last month would have no strings at- GENERAL LEAVE President Reagan’s funeral, the Fourth tached to it. The purpose of H.R. 3496 is Mr. TOM DAVIS of Virginia. Mr. of July celebrations, Presidential inau- to establish an Inspector General to Speaker, I ask unanimous consent that gurations. monitor the operations and to ensure all Members may have 5 legislative b 1430 that the Federal funding generated by days in which to revise and extend the OCS receipts would not be allo- In times of national crisis, the Metro their remarks and include extraneous cated unless the local jurisdictions system has also proved indispensable material on the bill under consider- have committed to equally share the to the Federal Government, such as ation. financial responsibilities with the Fed- during the September 11 terrorist at- The SPEAKER pro tempore. Is there eral Government. tacks in which Metro served as the pri- objection to the request of the gen- Finally, the bill adds four Federal mary means out of a city under lock- tleman from Virginia? members to the WMATA Board of Di- down. There was no objection. rectors, including for the first time a Mr. TOM DAVIS of Virginia. Mr. In many ways, the Metro system is the lifeblood of the Federal Govern- Federal presence on the WMATA board. Speaker, I yield myself such time as I ment. More than 15 Federal agencies in Since Metro is such an integral part of may consume. the National Capital region are located the Federal Government’s day-to-day Mr. Speaker, I rise today in strong operations, it stands to reason there support of H.R. 3496, as amended, the adjacent to Metro stations. This is not a coincidence. Federal agencies rely on should be a direct Federal representa- National Capital Transportation tion in Metro’s affairs. Amendments Act of 2006. This impor- the Metro system to get their employ- ees to and from the workplace year Mr. Speaker, this bill is not about tant legislation would establish crit- round in all types of weather. Unfortu- funding; it is about the good use of ical new oversight and accountability nately, as was recently evident when funding. Congress has long recognized mechanisms for the Washington Metro- Metro suffered delays due to torrential the national significance of the Metro politan Area Transit Authority, includ- rains that hit the region, when Metro system. The provisions of this bill will ing an inspector general and an in- shuts down, the Federal Government ensure our Nation’s subway is a model creased Federal presence on the shuts down. of efficiency and good performance. Authority’s board of directors. These In 1965, 1969, 1979 and 1990, Congress Mr. Speaker, I urge my colleagues to steps are being taken to ensure that recognized the unique relationship be- support this important legislation. the funding provided to the Authority tween the Federal Government and Mr. Speaker, I reserve the balance of by Virginia, Maryland, the District of Metro, acknowledging the shared re- my time. Columbia and the Federal Government sponsibility in maintaining the Metro Mr. HENSARLING. Mr. Speaker, I are being spent as effectively and effi- system to make sure it keeps pace with yield myself such time as I may con- ciently as possible. I urge my col- the growing service demands. sume. leagues to support this important leg- Without a similar commitment (Mr. HENSARLING asked and was islation. today, Metro will no longer remain a given permission to revise and extend In 1960, President Eisenhower signed viable transportation option to the his remarks.) the National Capital Transportation Federal Government or the region. Mr. HENSARLING. Mr. Speaker, I Act to provide for the development of a Last month, as part of the Deep Ocean rise today in opposition of H.R. 3496 for regional rail system for the Nation’s Energy Resources Act, the House voted several reasons. Number one, Mr. Capital. He did so in recognition of the to devote funds from future OCS re- Speaker, I don’t quite understand why need to provide reliable access to gov- ceipts for Metro revitalization. this is on the suspension calendar ernment facilities for Federal workers, The bill today sets out other meas- today. contractors, and citizens. Over the ures necessary to ensure that these Second of all, Mr. Speaker, the Fed- years, other Presidents have also rec- dollars are well spent. Before I detail eral taxpayer is paying a lot of money ognized this need: Kennedy, Johnson, what this bill does, let me detail what already to help subsidize this par- Nixon, Carter, and most recently, it does not do. It does not authorize ticular transit system. I am not sure if President George H.W. Bush. any additional appropriations for the more payments are really worthwhile Past Congresses have done so as well. Metro system. This bill is about good at this time. In 1969, the National Capital Transpor- government, something I am sure we Next, Mr. Speaker, we have over tation Act was signed into law. Subse- can all agree on. 10,000 Federal programs today. At what quently, Congress passed amendments Specifically, this bill requires the point do we say enough is enough? And, to this act in 1979 and 1990. The senti- three jurisdictions comprising Mr. Speaker, I am very concerned that ment expressed by Congress in sup- WMATA, Maryland, Virginia Virginia when the dots are connected, the dust porting Metro in 1979 remains the same and the District, to come up with a settles, whatever metaphor you want today: ‘‘Congress finds that an im- dedicated revenue source to cover cap- to use, that unfortunately the tax- proved transportation system for the ital and operational expenses. payers will be on the hook for an addi- National Capital region is essential for As GAO recently reported, Metro is tional $1.5 billion that they had not the continued and effective perform- unique among major transit systems in counted on. And that money ulti- ance of the functions of the Govern- that it only derives a tiny amount of mately, Mr. Speaker, has to come from ment of the United States, for the wel- its budget from dedicated sources. This somewhere. fare of the District of Columbia, for the legislation would require the local ju- First, Mr. Speaker, let me address orderly growth and development of the risdictions to come together and rec- the concern I have of why we have this National Capital region, and for the tify a long-standing discrepancy. on the calendar in the first place. Cer- preservation of the beauty and dignity The bill also creates an Inspector tainly under our House Republican of the Nation’s Capital.’’ General for the Washington Metropoli- Conference rules, legislation creating The sole purpose of the previous au- tan Area Transit Authority. Most new Federal programs, I thought, was thorizations was to provide the easy major transit systems have an IG in not supposed to be put on the suspen- and reliable access to government for place already. There is no question sion calendar. Federal employees and citizens that Metro is a complex organization with As we all know, typically our suspen- President Eisenhower envisioned. many moving parts. Thus, it is espe- sion calendar is used frequently to Today, the Metro system remains an cially important that appropriate con- honor somebody with the naming of a indispensable resource for the Federal trols are in place to identify and ad- post office, to congratulate a sports Government. At peak times, over half dress managerial, financial, and oper- team, to declare breast cancer aware- of Metro riders are Federal employees ational discrepancies and problems. ness week. I don’t think it is to put

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.014 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5237 taxpayers on the hook for $1.5 billion, Nation is facing unparalleled national mark ever. I thought this was the which ultimately, if this bill passes, I debt, when we are a Nation at war, at House that wanted to start reforming believe could be the result. what point do you say ‘‘no’’ to a new earmarks, which among other things I Now, I have no doubt that since it is program? Again, according to the Her- would hope would lead to fewer of on the suspension calendar that it will itage Foundation, we have over 10,000 them, and perhaps less costly ear- receive a very, very healthy vote as Federal programs spread across 600 dif- marks. Members just start to arrive and, ferent agencies. How much is enough? I mean, recently we have had the frankly, do not pay as close attention I believe in our last budget we have bridge to nowhere, weighing in at to the suspension calendar as opposed $75 billion, more or less, in transpor- about $250 million; the railroad to no- to bills coming up in regular order. tation funding. Now that is up 83.5 per- where, weighing in at about $750 mil- But I fear at the end of the day, cent in just 10 years. In other words, lion; and now we have everything, the again, this does authorize a new pro- Mr. Speaker, we have almost doubled bike improvements, the curb exten- gram. If it did not authorize a new pro- the Federal contribution to transpor- sions, the bus bays, the new rail cars of gram, why are we here today? Why did tation, almost doubled in just a decade. the WMATA weighing in at about $1.5 we not simply have a Member propose Again, how much is enough? I believe billion. an amendment to perhaps the transpor- we have over 28 Federal programs dedi- Again, Mr. Speaker, that is a lot of tation bill or the homeland security cated to mass transit. And I believe in money. And ultimately, Mr. Speaker, bill? So in that respect, Mr. Speaker, I the most recent SAFETEA–LU bill, the bottom line is, someone is going to am concerned that this is being han- that translates to $45.3 billion. have to pay for all of this; and part of dled on this particular calendar. Are the number of government pro- our job in Congress is to decide upon Next, Mr. Speaker, how much is grams only limited by our imagination, priorities and make some very, very enough? I admit the Federal Govern- the imagination of Members to come to tough decisions. But, again, if this all comes to fruition, ultimately there is ment has had a lengthy partnership the floor and propose it? No matter $1.5 billion more that is going to be with the Washington Metropolitan how worthy they are, again, how many spent over 10 years than was expected. Transit Authority. $6.2 billion or 60 are enough? Maybe, Mr. Speaker, we percent of the construction costs, I be- There are only three places that should start limiting government pro- money ultimately comes from: either lieve, were picked up by the Federal grams by the ability of taxpayers in fu- taxpayer; 40 percent of the capital we place more debt on our children, we ture generations to pay for them. raise taxes, or we end up spending less costs over the last decade. But the Now, I certainly want to applaud the WAMTA is already receiving formula somewhere else. Now, right now we are gentleman from Virginia from at- awash in tax revenues. We have the grants under titles 5307 and 5309. So tempting to offer an offset to the they are already receiving Federal highest number of tax revenues we spending. I think I may agree to dis- have had in the history of America. funds, if you will, a dedicated revenue agree with the gentleman, but my fear source from the Federal Government Corporate tax revenues are up roughly is again when the dots are connected 40 percent last year. Individual tax rev- already. I believe in inflation-adjusted and the dust settles, I am not sure it is terms that is about $1.5 billion over the enues are up roughly 15 percent. We do a real offset. My fear is that it will not seem to have a taxing problem in last 10 years. prove to be a mirage. And I think if you look back, these the Nation’s Capital. What happens here, Mr. Speaker, is annual grants are now more or less I do think, though, Mr. Speaker, that the gentleman is claiming offset- three times what they were 10 years maybe we have a spending problem. We ting receipts from H.R. 4761. Now, when ago. Again, Mr. Speaker, I ask the are spending over $23,000 per American that bill was originally written, it was question, how much is enough? You household for only the fourth time in coming to the floor violating our Budg- add it all up, Mr. Speaker, that is a lot our Nation’s history. Since I was born, et Act, violating our budget resolution. of money. the Federal budget has grown seven Now, I certainly applaud the gen- I am happy to say that that was cor- times faster than the family budget. tleman from Virginia for wanting to rected by a manager’s amendment. In the last 10 years alone, Federal funding for international affairs is up put in greater oversight and greater ac- But it appears that receipts from the 89 percent; agriculture, 118 percent; countability into the system. I know Outer Continental Shelf drilling are education, 113 percent; and as I men- that his committee provided a number spoken for, between State revenue tioned earlier, the transportation func- of articles from a Washington Post ex- sharing and several new entitlement programs that were included in H.R. tion, 83 percent. pose, I think, dating back 9, 10, 11 Meanwhile, inflation over the same months ago, that indicated that trains 4761. I know that this is an authoriza- tion bill; but had it been a mandatory period grew 25 percent; median family broke down 64 percent more often now income, 33 percent. We are more than than several years ago, that the Wash- bill, if it had ultimately resulted in real spending, CBO would have scored spending over inflation, and the Fed- ington Metro Transit Authority had eral budget is growing beyond the fam- spent $383 million on 192 rail cars, and this money in such a way that it would have busted the budget. ily budget. When do you say enough is those cars break down almost as often enough? Let’s look at the national as the old cars. And, Mr. Speaker, if the funding does materialize, again in the years that it debt. Although we have had great news Several hundred million, according recently in reducing the Federal def- to The Washington Post, was spent to is spent, it will end up contravening our budget. And I don’t see that the icit, the debt continues to increase. refurbish old cars from the 1980s and We have gone from roughly $5.5 tril- revenue-sharing agreement is going those refurbished break down even lion to $8 trillion in just 5 years. Unless away with the States. I don’t see these more often. $93 million was spent to we balance the budget tomorrow, every other mandatory programs going away. renovate 178 escalators, and a third new program’s cost is going to get So maybe the gentleman did indeed se- break down more often than before ren- added to the national debt, and ulti- cure an offset. Maybe his program is ovation. mately that burden is borne by our fully offset. But, Mr. Speaker, if his So I would say if there was a system children and our grandchildren. that perhaps was in need of a little program is fully offset, somebody else’s We know that our entitlement spend- greater oversight and a little greater program is not. ing, Social Security, Medicare and accountability, this is it. Otherwise, At the end of the day, it is a little bit Medicaid, is growing way beyond our Mr. Speaker, I fear that what we would like musical chairs; and I fear when the ability to pay for it. And we know that be doing is punishing success and re- music stops, the taxpayer is the only we are facing a rather nasty fork in the warding failure. I certainly hope that one who is left standing. road. If you look at CBO, OMB, GAO the gentleman from Virginia indeed did Next, Mr. Speaker, I am a little con- and anybody who has looked at Federal take these steps in his bill. And for cerned about what is happening in our budgetary trends, they will tell you. that aspect of the bill, I certainly con- Congress with respect to earmarks. Ac- gratulate that portion of it. cording to the Heritage Foundation, b 1445 But, Mr. Speaker, the thing that con- this particular bill, weighing in at $1.5 Within one generation, either we are cerns me the most is at a time that our billion, may constitute the largest ear- going to have no Federal Government,

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.016 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5238 CONGRESSIONAL RECORD — HOUSE July 17, 2006 except Medicare, Medicaid and Social said, occurs when national events are by saying, here is your share that you Security. There will be nothing else taking place, such as Presidential inau- must give, and it says to the local ju- left to give the Washington Metropoli- gurations when people come from all risdictions, you do not get the Federal tan Transit Authority, much less the over the country. share unless you come forward not just border security or FAA or anybody The Metro system also supports the with funding, but with dedicated fund- else. Or the other fork in the road is we Federal workforce. Federal employees ing. The purpose of this bill is to deal will have to double taxes on our chil- rely on the system. Many people up with the initial investment that the dren and grandchildren just to balance here on Capitol Hill and other agencies, Federal Government made, which is the budget. FBI, CIA, DIA, DEA, all the other ones, now going down the drain because the Again, Mr. Speaker, we have to make commute back and forth to work every local jurisdictions cannot in fact, by tough decisions, and I have no doubt day. During peak times, over half of themselves, deal with the maintenance that the gentleman is sincere in that Metro’s riders are Federal employees. and capital costs that Federal pressure this money would go for a very, very Finally, this system is vital to the has put on it. good purpose. But there are lots of emergency needs of the region. During Let me tell you what I mean by Fed- good purposes out there, Mr. Speaker, the terrorist attack of 9/11, Metro was eral pressure. We are so dependent on including the purpose of ensuring that a reliable way to ensure that thousands this system, that we subsidize Federal our children and grandchildren do not of people were able to safely and quick- workers to, in fact, take Metro. As it inherit an America with greater debt ly evacuate the city. In order to help is, you cannot, in fact, get on the roads and less freedom and less opportunity. hold Metro accountable, which Mr. here, even with Metro. Imagine what If we say ‘‘yes’’ to every Member’s DAVIS’s bill has done, is accountability would happen if Metro were not avail- program today, no matter how worthy for Metro for the use of its Federal able; but it is becoming unavailable be- it may be, we are going to end up say- funds. cause its cars are so crowded that there ing ‘‘no’’ to our children’s future to- I urge adoption of this measure. are many Federal workers who believe morrow. Because of that, Mr. Speaker, Mr. HENSARLING. Mr. Speaker, I re- that they should just as well take a I urge my colleagues to say ‘‘no’’ to serve the balance of my time. car, something that the roads coming H.R. 3496. Mr. TOM DAVIS of Virginia. I recog- to and from the District cannot stand. Mr. Speaker, I reserve the balance of nize the gentlewoman from the District I am a member of the Homeland Se- my time. of Columbia for 5 minutes. curity Committee. I do not believe Mr. TOM DAVIS of Virginia. Could I Ms. NORTON. Mr. Speaker, when I there is a single Member who would ask how much time is remaining on was asked did I want to accept time in not not understand what in the post-9/ each side? opposition, when I said nor should any 11 world this transportation system The SPEAKER pro tempore. The gen- Member of this body, I was not being means to the safety and security of tleman from Virginia (Mr. TOM DAVIS) rhetorical. This bill is indispensable to this region. But I can tell you from my has 141⁄2 minutes remaining and the the Federal Government, and it is in- work, and the chairman is also on the gentleman from Texas (Mr. dispensable to the 20 million visitors committee, that it adds to the neces- HENSARLING) has 8 minutes remaining. who come every year. sity that President Eisenhower saw in Mr. TOM DAVIS of Virginia. Mr. I don’t want anyone to think that the 1969, and an additional one that we Speaker, I yield 2 minutes to the gen- chairman and the Members who have cannot turn our heads from. tleman from Virginia (Mr. WOLF), who come forward would have the chutzpah Ask your own constituents how they has been a champion of transportation to come forward and say support a get around Washington when they in the Washington area during his ten- local transportation system. come. There are 20 million of them. ure in Congress. This system was created by the Na- They are not my constituents, and Mr. WOLF. Mr. Speaker, I rise in sup- tional Transportation Act. It was not they are not Chairman DAVIS’s con- port of the bill. The bill brings ac- created by Maryland, Virginia, or the stituents, they are yours. And they countability. I have a note here and I District of Columbia but by the Fed- would be lost without the Metro sys- quote, ‘‘CBO expects that the proposed eral Government. It was created by the tem. amendment would not authorize any Federal Government, because by 1969, The beauty of the bill is that it is additional appropriations.’’ the Federal presence had spread to going to get the local jurisdictions to I would read that one more time: Maryland and Virginia, and it was very do what all of our hectoring has not ‘‘CBO expects that the proposed clear that the Federal Government made them do until now, and that is to amendment would not authorize any itself could not operate without a mod- get the dedicated funding so that the additional appropriations.’’ ern transportation system allowing cars, which are now overloaded with I rise in support of the bill, H.R. 3496, what amounts to 200,000 workers today Federal workers every morning, you the National Capital Transportation to get from one place to the other. cannot get on these cars, will indeed Amendments Act. The legislation Meanwhile, the gentleman from have additions to them; so the facili- would ensure, and what Mr. DAVIS is Texas has cited the many programs ties, indeed, can be maintained. The trying to do, accountability for the and the transportation funds that the gentleman complained about that. He Federal funding that is provided to the local jurisdictions get, and that, of was perfectly right. There are not the Washington Metropolitan Area Transit course, is what has supported this sys- funds to maintain it and keep it oper- Authority, or, as they call it, Metro. tem ever since. What this funding is ating if you depend only on the three The bill would require an IG office to necessary for is capital funding in local jurisdictions. be established and to provide oversight order to keep the system up and oper- Mr. TOM DAVIS of Virginia. Mr. of the system. ating because of pressure put on the Speaker, I yield 3 minutes to the gen- You would have thought that the sys- system by the Federal Government and tleman from Maryland (Mr. VAN tem would have had an IG, but it re- nobody but the Federal Government. HOLLEN), a strong transportation advo- quires Virginia, Maryland, and the Dis- Almost half of those who ride every cate. trict of Columbia to identify dedicated day are Federal employees. Mr. VAN HOLLEN. Mr. Speaker, I funding sources to the Metro system. Without dedicated funding, and here want to thank my colleague, Mr. The bill also adds Federal members is where the chairman and the Mem- DAVIS, the chairman of the Govern- to the Metro board of directors, and I bers of the region deserve real credit ment Reform Committee, for his lead- think these are good ideas. The Metro because there is no dedicated funding ership on this very important national system in Washington, as Mr. DAVIS for the system, so it has to be funded issue. has said, is known as the Nation’s sub- on an annual basis. The chairman’s As my colleague Ms. NORTON pointed way system. bill, supported by all of us, essentially out, the Federal Government was there Visitors from all over the country says no funding is available unless at the creation of the Washington and the world use the system daily there is a dedicated funding source. Metro system, and has a huge invest- when visiting our Nation’s Capital, and So it performs the task that is re- ment already in the Washington Metro Metro’s highest ridership, as Mr. DAVIS sponsible to the Federal Government system. This legislation is designed to

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.018 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5239 help protect the Federal investment, WMATA to make sure it has account- People have to travel to get here. They the investment taxpayers have already ability provisions in place to protect have to get back home. You have to made in that national system. I don’t that very important Federal invest- have a regional economy and a regional know why anybody would not want to ment. I would say, why wouldn’t we population; and in a dense metropoli- provide the accountability measures to want to protect the taxpayers who tan area you have got to have a Metro ensure that this investment is pro- have made an investment in this very system, so that they can function. And tected going forward. important national transportation in- it ought to be a first-class Metro sys- We have, as we know, a system that frastructure right from the beginning? tem. This does not even ensure it is the Federal Government relies upon to Mr. TOM DAVIS of Virginia. Mr. going to be first class, but at least it bring thousands of employees to work Speaker, I would recognize my distin- ensures it is going to be able to be ade- every day: workers who work in our na- guished colleague from northern Vir- quate to meet the needs of the local, tional security agencies, workers who ginia, a neighbor, and also a strong the State and the national govern- work at the Department of Health and transportation advocate, Mr. MORAN, ments, and it ensures that there is Human Services, and all the other Fed- for 3 minutes. going to be Federal oversight and that eral agencies that help provide services Mr. MORAN of Virginia. Mr. Speak- it will serve the needs of our Federal to the American people every day. er, I thank the chairman of the Gov- workforce. This system is also a critical link in ernment Reform Committee and ap- Again, I applaud the chairman for any evacuation plan of the Nation’s plaud him for his leadership, as well as bringing it to the floor today and se- Capital. Imagine everyone trying to Mr. WOLF’s, particularly when Mr. curing its financing last week. get out of this city without using the WOLF was chairman of the Appropria- Mr. HENSARLING. Mr. Speaker, I Metro system to take thousands of peo- tions Subcommittee for Transpor- yield myself such time as I may con- ple out. You would have gridlock. You tation, Ms. NORTON representing the sume. wouldn’t be able to do it. District of Columbia, and Mr. VAN Mr. Speaker, I have listened very Now, Mr. DAVIS has already pointed HOLLEN representing the Maryland sub- carefully to this debate, and I am un- out this House is already on record just urbs. convinced at the end of the day that a few weeks ago in providing the Fed- We are a team. We are a team, but we the combination of these two bills is eral investment. We have done that. are representing the interests of the not spending additional taxpayer The only question now is whether we entire Congress. The principal reason money. In fact, I have in my hand the are going to provide the accountability why we need the Metro system is to committee report, before the two bills piece, whether we are going to say to transport our employees, the Federal were separated, dated April 26 that on the Washington Metro system, you are workforce. If we did not have this page 11 it clearly says for those grants, going to be held accountable for that Metro system, our Federal Government the bill would authorize the appropria- Federal investment in order to protect could not function. We don’t have the tion of $1.5 billion to the Secretary. I the Federal taxpayers. That is what it road capacity to get them to and from admit that is a report before the two is all about. work. bills were separated. I think it is worth underscoring the Even with Metro, we have the sec- But a combination of the two, again, four major accountability provisions. ond-worst congestion in the country, is going to put the taxpayer on the Number one, we are asking the local and it is the most expensive. We need a hook for an additional $1.5 billion, and jurisdictions that contribute to the better Metro system, and the only way I think, Mr. Speaker, what we have to system to make sure that they do it. that we can meet today’s demands is do is peel away the layers of the onion Why would we, the Federal Govern- by having a dedicated source of rev- here and see what we have. ment, want to be at the whim, on a enue. That is what this bill does. Again, we already have Federal pro- year-to-year basis, of whether local ju- But the funding has already been grams in place to help fund WMATA. risdictions are going to be able to pro- taken care of. It passed the House. The We already have moneys flowing. So ei- vide their part of this Federal-local House voted for it. This is not about ther we are looking at new funding partnership? That doesn’t make any finding the money for Metro. This is today, or we are looking at a new pro- sense from the point of view of the Fed- about insuring that it gets used prop- gram, or we are looking at both. eral Government. erly. Regardless, a combination of the two, Second, it requires the establishment I believe, will spend more money, and of the inspector general. Don’t we want b 1500 Mr. Speaker, even if it was budget neu- somebody there to make sure we pro- This is about putting limitations on tral, even if it was budget neutral, tect that investment, an independent Metro, providing more Federal over- when we are looking at a Federal debt auditor who can look after that Fed- sight for the Metro system, ensuring that has gone from roughly $5.5 trillion eral taxpayer investment? that local governments in the Wash- to $8.5 trillion in just about 5 years, I Third, we add four new members to ington area contribute their fair share, am not sure I want any new Federal WMATA’s board. Right now, none of as should the State governments. The programs until we do a better job in the board members are accountable to local and the State governments are preventing this debt from being im- the Federal Government. Don’t we willing to do that, as long as the Fed- posed upon our children, at a time want board members who are account- eral Government does; and the Federal when we have the highest level of tax able to the Federal taxpayer, as well as Government should, because the prin- revenues we have ever had in the Na- board members who are accountable to cipal people it serves are the Federal tion’s history. the other contributing jurisdictions? workforce. Again, Mr. Speaker, we don’t have a Fourth, it requires that Metro take President Eisenhower condemned the taxing problem. We have a spending on some other issues that have festered land that established the transit sys- problem, and I am not here to say that over a period of time and which make tem. President Nixon and President there are not many worthy provisions it more difficult to fulfill its Federal Carter both signed legislation to get of this bill, and I am glad to hear about mandate and its responsibilities to the Metro on track. all the accountability features of the Federal Government. Imagine if we did not have a Metro bill. I don’t quite know why that has to Now, I want to commend the Metro system when we have the Presidential be combined with a billion and a half system for doing what they have done inauguration, when we have these new spending since, again, the Federal with the budget they have got. But major national events in our Nation’s taxpayer is already contributing to there is no doubt in order to keep the Capital. We could not function. We are this mass transit system at a very system viable going forward, the Fed- primarily dependent upon this trans- healthy clip. eral Government needs to maintain its portation system so that this govern- But one of the reasons I would be historic contribution and the local ment, the government of the Nation’s leery of authorizing new funds, as partners need to continue to make Capital, the principal government of President Reagan, one of my favorite theirs. the entire free world can function. Presidents, once said that the closest The only question with this bill is Everything does not happen here on thing to eternal life on Earth is a Fed- whether we are going to be asking Capitol Hill. Everyone can’t live here. eral program. So what happens in the

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.020 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5240 CONGRESSIONAL RECORD — HOUSE July 17, 2006 outyears as this program continues on funding for the capital and preventive main- no further Federal spending, but we are and on and on? I am not sure anybody tenance projects to the authorization of ap- out the barn door on this. That hap- here on this floor today knows for cer- propriation provided in Section 30 of H.R. pened under the previous legislation, 4761, as passed the House of Representatives tain. under the Deep Ocean Energy Re- I can tell you this: I got into the fa- on June 29, 2006. CBO expects that the pro- posed amendment would not authorize any sources Act. This refines it and con- therhood business 4 years ago. I now additional appropriations. trols it and makes sure the money is have a 4-year-old daughter and 21⁄2- Please let me know if you have any addi- well spent. year-old son; and I can tell you once I tional questions. helped bring them into the world, they GREGORY WARING, I hope my colleagues will join us in have been very hungry, very expensive, Analyst. legislation that scores zero with the and very needful people. Now, I love Congressional Budget Office and reau- them very much, but again, using this From: Puccerella, Ed thorizes this legislation. Sent: 7/11/2006 4:52 PM. analogy, they can get very expensive in GREG: Per our conversation with Budget The SPEAKER pro tempore. The the outyears. Committee and you all at CBO here is the re- question is on the motion offered by So, Mr. Speaker, another point I vised appropriation language that the Chair- the gentleman from Virginia (Mr. TOM would like to address as many speakers man would like to add to H.R. 3496 when it came here today to make a very com- goes to the floor. Can you please confirm DAVIS) that the House suspend the pelling argument that this was a vital that this language would not authorize any rules and pass the bill, H.R. 3496, as transportation program, that it was a additional appropriations that are not other- amended. very vital program related to our wise authorized under H.R. 4761 as passed by The question was taken. homeland security, God forbid should the House? We would like this language to be effectively budget neutral. The SPEAKER pro tempore. In the another 9/11 occur. But if this is true, Thanks, Ed opinion of the Chair, two-thirds of Mr. Speaker, I ask the question, why (e) Amount.—There are authorized to be those present have voted in the affirm- was this program not originally funded appropriated such sums as are made avail- in the homeland security appropria- able to the Secretary of Treasury to make ative. tions bill? Why was this project not payments to the Washington Metropolitan Mr. HENSARLING. Mr. Speaker, on originally funded in the transportation Area Transit Authority pursuant to section that I demand the yeas and nays. appropriations bill? Many competing 9(k) of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) . The yeas and nays were ordered. interests come together in those bills, (f) Availability.—Amounts appropriated hopefully within a budget constraint, The SPEAKER pro tempore. Pursu- pursuant to the authorization under this sec- ant to clause 8 of rule XX and the and decisions are made about Federal tion priorities. So, again, if this is such a (1) shall remain available until expended; Chair’s prior announcement, further priority, I am wondering why it was and proceedings on this question will be not included there. (2) shall be in addition to, and not in lieu postponed. But again, Mr. Speaker, at the end of of, amounts available to the Transit Author- ity under chapter 53 of title 49, United States f the day, my concern here is that some- Code, or any other provision of law. how, some way a combination of these EDWARD J. PUCCERELLA, two bills is going to mean at a time FEDERAL JUDICIARY EMERGENCY when tax revenues are at their highest, COMMITTEE ON GOVERNMENT REFORM, TOM DAVIS, TOLLING ACT OF 2006 at a time when the national debt is at CHAIRMAN. its highest, at a time where we already Mr. TOM DAVIS of Virginia. Mr. Mr. SENSENBRENNER. Mr. Speak- have 10,000 Federal programs and they Speaker, this is not a new program. er, I move to suspend the rules and grow each day, that we are going to This program was authorized in 1960 pass the bill (H.R. 3729) to provide have a new Federal program, and and signed by President Eisenhower. It emergency authority to delay or toll again, no matter how worthy it may has been reauthorized four times; and I judicial proceedings in United States be, without taking away some other hope it has a long life, a long produc- district and circuit courts, as amended. lower-priority Federal program, and I tive life, taking commuters off clogged The Clerk read as follows: just do not believe that the OCS dedi- roads and using mass transit so we can H.R. 3729 cated revenue stream that was already reduce our energy dependency on for- spoken for, that even if the gentleman eign oil. Be it enacted by the Senate and House of Rep- from Virginia has been successful, and Mr. Speaker, this is not an authoriza- resentatives of the United States of America in maybe he has been, in dedicating that tion of funds. It is about making sure, Congress assembled, funding to his bill, then some other as my colleagues have said, that this program has gone unfunded; and there- SECTION 1. SHORT TITLE. money is spent well. If this goes down, This Act may be cited as the ‘‘Federal Ju- fore, again the Federal taxpayer today the money still goes through without in the future will be on the hook. diciary Emergency Tolling Act of 2006’’. For those reasons, Mr. Speaker, I any checks and balances and Inspector Generals or any of these being set up. SEC. 2. EMERGENCY AUTHORITY TO DELAY OR would urge defeat of the bill. TOLL JUDICIAL PROCEEDINGS. Mr. Speaker, I yield back the balance If you vote against this bill, you are (a) IN GENERAL.—Chapter 111 of title 28, of my time. not saying we should not spend any extra dollars on the Metro system. You United States Code, is amended by adding at Mr. TOM DAVIS of Virginia. Before I the end the following: begin, I would ask unanimous consent are not saying that. You are saying to put the memorandum from Greg they can spend the extra dollars with- ‘‘§ 1660. Emergency authority to delay or toll Waring of the Congressional Budget Of- out the congressional oversight. judicial deadlines Statistics show that Metro is, in fact, fice into the RECORD noting that CBO ‘‘(a) TOLLING IN DISTRICT COURTS.— has reviewed the proposed amendment one of the best run systems, but I am ‘‘(1) IN GENERAL.—In the event of a natural and it does not authorize any addi- not willing to say they are so good that disaster or other emergency situation requir- tional appropriations, score of zero. no improvements are required and ad- ing the closure of courts or rendering it im- The SPEAKER pro tempore (Mr. ditional oversight is not required. practicable for the United States Govern- ADERHOLT). Is there objection to the The provisions in this came from a ment or a class of litigants to comply with request of the gentleman from Vir- GAO report. It is our responsibility in deadlines imposed by any Federal or State ginia? Congress to ensure Federal dollars are law or rule that applies in the courts of the There was no objection. well spent. There should be nothing United States, the chief judge of a district NATURAL & PHYSICAL RESOURCES contentious about requiring an Inspec- court that has been affected may exercise COST ESTIMATES UNIT CONGRES- emergency authority in accordance with this tor General, adding Federal members section. SIONAL BUDGET OFFICE, to the board, or requiring the jurisdic- From: Greg Waring ‘‘(2) SCOPE OF AUTHORITY.—(A) The chief Sent: Tuesday, July 11, 2006 5:42 PM tions to truly provide stable funding to judge may enter such order or orders as may To: Puccerella, Ed the system. be appropriate to delay, toll, or otherwise Cc: Robert Murphy; Mark Hadley So I urge my colleagues to offer this grant relief from the time deadlines imposed Subject: HR 3496 budgetary impact bill their full support. by otherwise applicable laws or rules for ED: CBO has reviewed the proposed amend- I appreciate the comments of my col- such period as may be appropriate for any ment to H.R. 3496. The language would link league. He has long been a supporter of class of cases pending or thereafter filed in

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.021 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5241 the district court or bankruptcy court of the ‘‘(1) shall make all reasonable efforts to dence and other materials critical to district. publicize the order, including announcing the timely prosecution and adjudica- ‘‘(B) Except as provided in subparagraph the order on the web sites of all affected tion of pending cases. Additionally, the (C), the authority conferred by this section courts and the web site of the Federal judici- government may be forced to reallo- extends to all laws and rules affecting crimi- ary; and nal and juvenile proceedings (including, ‘‘(2) shall, through the Director of the Ad- cate personnel and other resources to prearrest, post-arrest, pretrial, trial, and ministrative Office of the United States address critical, often life-threatening, post-trial procedures), civil actions, bank- Courts, send notice of the order, including situations that arise as a consequence ruptcy proceedings, and the time for filing the reasons for the issuance of the order, to of such disasters. Last year’s dev- and perfecting an appeal. the Committee on the Judiciary of the Sen- astating hurricanes that struck New ‘‘(C) The authority conferred by this sec- ate and the Committee on the Judiciary of Orleans and much of the gulf region tion does not include the authority to ex- the House of Representatives. provide a recent example of cir- ‘‘(g) REQUIRED REPORTS.—A court issuing tend— cumstances where this bill would help ‘‘(i) any statute of limitation for a crimi- one or more orders under this section relat- nal action; or ing to an emergency situation shall, not ensure that justice can continue to be ‘‘(ii) any statute of limitation for a civil later than 180 days after the date on which administered. action, if— the last extension or tolling of a time period The version of H.R. 3729 we consider ‘‘(I) the claim arises under the laws of a made by the order or orders ends, submit a today reflects bipartisan, clarifying State; and brief report to the Committee on the Judici- changes adopted in committee based on ‘‘(II) extending the limitations period ary of the Senate, the Committee on the Ju- discussions with the Administrative would be inconsistent with the governing diciary of the House of Representatives, and Office of the U.S. Courts and the De- State law. the Judicial Conference of the United States partment of Justice. This legislation ‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If describing the orders, including— the chief judge of the district is unavailable, ‘‘(1) the reasons for issuing the orders; preserves the primacy of State law by the authority conferred by this section may ‘‘(2) the duration of the orders; expressly providing that the bill’s au- be exercised by the district judge in regular ‘‘(3) the effects of the orders on litigants; thority does not extend to any statute active service who is senior in commission and of limitation for a criminal or civil ac- or, if no such judge is available, by the chief ‘‘(4) the costs to the judiciary resulting tion if the claim arises under State law judge of the circuit that includes the dis- from the orders. and extending that limitation would be trict. ‘‘(h) EXCEPTIONS.—The notice under sub- inconsistent with the governing State ‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing section (f)(2) and the report under subsection (g) are not required in the case of an order law. in this section shall be construed to author- Additionally, the bill expressly pro- ize suspension of the writ of habeas corpus. that tolls or extends a time deadline for a pe- ‘‘(b) CRIMINAL CASES.—In exercising the riod of less than 14 days.’’. vides that the bill not be construed to authority under subsection (a) for criminal (b) CLERICAL AMENDMENT.—The table of authorize suspension of habeas corpus, cases, the court shall consider the ability of sections at the beginning of chapter 111 of and places a limitation of 14 days on the United States Government to inves- title 28, United States Code, is amended by the amount of time a deadline may be tigate, litigate, and process defendants dur- adding at the end the following new item: extended or tolled while preserving the ing and after the emergency situation, as ‘‘1660. Emergency authority to delay or toll ability of a judge to seek additional well as the ability of criminal defendants as judicial deadlines.’’. a class to prepare their defenses. time extensions. ‘‘(c) TOLLING IN COURTS OF APPEALS.— The SPEAKER pro tempore. Pursu- Finally, this legislation requires that ‘‘(1) IN GENERAL.—In the event of a natural ant to the rule, the gentleman from a court issuing an order to toll or delay disaster or other emergency situation requir- Wisconsin (Mr. SENSENBRENNER) and deadlines make all reasonable efforts ing the closure of courts or rendering it im- the gentleman from Michigan (Mr. to publicize the order on the Web sites practicable for the United States Govern- CONYERS) each will control 20 minutes. of the Federal judiciary and all af- ment or a class of litigants to comply with The Chair recognizes the gentleman fected courts and notify the House and deadlines imposed by any federal or States from Wisconsin. Senate Judiciary Committees when law or rule that applies in the courts of the GENERAL LEAVE United States, the chief judge of a court of such action is taken. appeals that has been affected or that in- Mr. SENSENBRENNER. Mr. Speak- Mr. Speaker, this bill helps ensure cludes a district court so affected may exer- er, I ask unanimous consent that all that the fair and timely administration cise emergency authority in accordance with Members may have 5 legislative days of justice, which is central to our form this section. within which to revise and extend their of government, is not imperiled by nat- ‘‘(2) SCOPE OF AUTHORITY.—The chief judge remarks and include extraneous mate- ural disasters or other emergency cir- may enter such order or orders as may be ap- rials on H.R. 3729 currently under con- cumstances. propriate to delay, toll, or otherwise grant sideration. I urge my colleagues to support this relief from the time deadlines imposed by The SPEAKER pro tempore. Is there legislation. otherwise applicable laws or rules for such period as may be appropriate for any class of objection to the request of the gen- Mr. Speaker, I reserve the balance of cases pending in the court of appeals. tleman from Wisconsin? my time. ‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If There was no objection. Mr. CONYERS. Mr. Speaker, I yield the chief judge of the circuit is unavailable, Mr. SENSENBRENNER. Mr. Speak- myself such time as I may consume, the authority conferred by this section may er, I yield myself such time as I may and I rise in support of H.R. 3729. be exercised by the circuit judge in regular consume. The bill, as has been indicated, active service who is senior in commission. Mr. Speaker, I rise in support of H.R. makes several key changes to current ‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 3729. This legislation would grant the law which will help guarantee our Fed- in this section shall be construed to author- chief judge of any district or appeals eral court system will be able to ade- ize suspension of the writ of habeas corpus. ‘‘(d) ISSUANCE OF ORDERS.—The Attorney court the authority to enter an order quately function in the wake of a nat- General or the Attorney General’s designee to delay or toll any deadlines on pend- ural disaster or other emergency. may request issuance of an order under this ing cases whenever an affected court First, it provides the chief judge of a section, or the chief judge of a district or of has closed due to a natural disaster or Federal judicial district with the ap- a circuit may act on his or her own motion. other emergency situation. propriate level of discretion to toll or ‘‘(e) DURATION OF ORDERS.—An order en- While the court can generally be ex- delay deadlines for any class of cases tered under this section may not toll or ex- tend a time deadline for a period of more pected to give consideration to the dif- pending before the court at the time of than 14 days, except that, if the chief judge ficulties faced by litigants in such a natural disaster or emergency. (whether of a district or of a circuit) deter- cases, this legislation is designed to en- It also, in a newly proposed section 2 mines that an emergency situation requires sure that the court also gives appro- of the bill, includes important lan- additional extensions of the period during priate consideration to the unique bur- guage which makes clear that this bill which deadlines are tolled or extended, the dens that may be imposed on the Fed- is not to be construed to authorize the chief judge may, with the consent of the ju- eral Government in responding to an suspension of the writ of habeas cor- dicial council of the circuit, enter additional orders under this section in order to further emergency. pus, as has been noted as a very impor- toll or extend such time deadline. When a disaster occurs, the field of- tant consideration. ‘‘(f) NOTICE.—A court issuing an order fices of Federal law enforcement agen- Third, the legislation limits the under this section— cies may lose access to case files, evi- amount of time that a chief judge may

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.011 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5242 CONGRESSIONAL RECORD — HOUSE July 17, 2006 extend or toll a deadline to no more (1) Scores of public benefit nonprofit vol- certified to such organization that such vol- than 14 days, except where the judge unteer pilot organizations provide valuable unteer has in force insurance for operating determines that an emergency situa- services to communities and individuals. such aircraft. Such referring agency shall in- tion requires additional extensions. (2) In calendar year 2001, nonprofit volun- clude, among others, any nonprofit organiza- teer pilot organizations provided long-dis- tion that provides disaster relief services And finally, for any court that de- tance, no-cost transportation for over 30,000 that place staff, volunteers, evacuees, goods, cides to toll or delay a deadline, the people in times of special need. supplies, or cargo on aircraft flights being legislation creates a notice require- (3) Such organizations are no longer able coordinated by volunteer pilot organizations ment. Among other things, this notice to reasonably purchase non-owned aircraft in circumstances of disaster response and re- requirement would direct courts to liability insurance to provide liability pro- lief.’’. make all reasonable efforts to publicize tection, and thus face a highly detrimental SEC. 4. REPORT BY ATTORNEY GENERAL. the order, including announcing the liability risk. (a) STUDY REQUIRED.—The Attorney Gen- order on Web sites of all affected courts (4) Such organizations have supported the eral shall carry out a study on the avail- interests of homeland security by providing ability of insurance to nonprofit volunteer and the Web site of the Federal judici- volunteer pilot services at times of national pilot organizations that fly for public ben- ary and require the director of the Ad- emergency. efit. In carrying out the study, the Attorney ministrative Office of the Courts to (b) PURPOSE.—The purpose of this Act is to General shall make findings with respect send copies of each notice, including promote the activities of nonprofit volunteer to— the reasons for their issuance, to the pilot organizations flying for public benefit (1) whether nonprofit volunteer pilot orga- House and the Senate Judiciary Com- and to sustain the availability of the serv- nizations are able to obtain insurance; mittees. ices that such organizations provide, includ- (2) if no, then why; ing transportation at no cost to financially (3) if yes, then on what terms such insur- b 1515 needy medical patients for medical treat- ance is offered; and It is worth noting that this latter ment, evaluation, and diagnosis, as well as (4) if the inability of nonprofit volunteer other flights of compassion and flights for pilot organizations to obtain insurance has provision will go a long way toward humanitarian and charitable purposes. any impact on the associations’ ability to helping our committee conduct ade- SEC. 3. LIABILITY PROTECTION FOR NONPROFIT operate. quate oversight and assist in our ef- VOLUNTEER PILOT ORGANIZATIONS (b) REPORT.—After completing the study, forts to detect any possible abuses. FLYING FOR PUBLIC BENEFIT AND the Attorney General shall submit to Con- In closing, I thank the chairman of TO PILOTS AND STAFF OF SUCH OR- gress a report on the results of the study. GANIZATIONS. the Committee on the Judiciary, Mr. The report shall include the findings of the Section 4 of the Volunteer Protection Act study and any conclusions and recommenda- SENSENBRENNER, for his willingness to of 1997 (42 U.S.C. 14503) is amended— work with Members on this side of the tions that the Attorney General considers (1) in subsection (a)(4)— appropriate. aisle to address many of our concerns (A) by redesignating subparagraphs (A) and The SPEAKER pro tempore. Pursu- regarding the legislation. This is truly (B) as clauses (i) and (ii), respectively; ant to the rule, the gentleman from bipartisan. I urge my colleagues to sup- (B) by inserting ‘‘(A)’’ after ‘‘(4)’’; Wisconsin (Mr. SENSENBRENNER) and port this worthwhile measure. (C) by striking the period at the end and Mr. Speaker, I yield back the balance inserting ‘‘; or’’; and the gentleman from Michigan (Mr. (D) by adding at the end the following: of my time. CONYERS) each will control 20 minutes. ‘‘(B) the harm was caused by a volunteer of The Chair recognizes the gentleman Mr. SENSENBRENNER. Mr. Speak- a nonprofit volunteer pilot organization that from Wisconsin. er, I yield back the balance of my time. flies for public benefit, while the volunteer GENERAL LEAVE The SPEAKER pro tempore. The was flying in furtherance of the purpose of question is on the motion offered by the organization and was operating an air- Mr. SENSENBRENNER. Mr. Speak- the gentleman from Wisconsin (Mr. craft for which the volunteer was properly li- er, I ask unanimous consent that all SENSENBRENNER) that the House sus- censed and insured, unless the conduct con- Members may have 5 legislative days pend the rules and pass the bill, H.R. stitutes a Federal crime of terrorism (as within which to revise and extend their 3729, as amended. such term is defined in section 2332b(g)(5) of remarks and include extraneous mate- title 18, United States Code) or an act of do- The question was taken. rial on H.R. 1871 currently under con- mestic terrorism (as such term is defined in sideration. The SPEAKER pro tempore. In the section 2331 of such title), or unless the enti- opinion of the Chair, two-thirds of The SPEAKER pro tempore. Is there ty has been convicted of an offense under objection to the request of the gen- those present have voted in the affirm- section 2339A of such title.’’; ative. (2) in subsection (b)— tleman from Wisconsin? Mr. SENSENBRENNER. Mr. Speak- (A) by amending the heading to read as fol- There was no objection. Mr. SENSENBRENNER. Mr. Speak- er, on that I demand the yeas and nays. lows: ‘‘CONCERNING RESPONSIBILITY OF VOL- er, I yield myself such time as I may The yeas and nays were ordered. UNTEERS’’; The SPEAKER pro tempore. Pursu- (B) by inserting ‘‘(1)’’ before ‘‘Nothing’’; consume. Mr. Speaker, I rise in support of H.R. ant to clause 8 of rule XX and the and (C) by adding at the end the following new 1871, the Volunteer Pilot Organization Chair’s prior announcement, further paragraph: Protection Act. This bill is narrowly proceedings on this question will be ‘‘(2) Nothing in this section shall be con- tailored to correct specific liability ex- postponed. strued to affect the liability for negligence posure for volunteer and nonprofit ac- f of a volunteer of a nonprofit volunteer pilot organization that flies for public benefit tivities. VOLUNTEER PILOT ORGANIZATION with respect to amounts within the limits of In 1997, Congress passed the Volun- PROTECTION ACT OF 2006 liability insurance coverage that such volun- teer Protection Act to shield volun- Mr. SENSENBRENNER. Mr. Speak- teer is required to obtain pursuant to sub- teers from liability from some forms of er, I move to suspend the rules and section (a)(4)(B) for liability protection negligence in response to concerns that under this section.’’; and pass the bill (H.R. 1871) to provide li- America’s lawsuit culture was inhib- (3) in subsection (c)— iting this country’s rich tradition of ability protection to nonprofit volun- (A) by inserting ‘‘(1)’’ before ‘‘Nothing’’; teer pilot organizations flying for pub- volunteerism. However, that act does and not protect volunteers who operate an lic benefit and to the pilots and staff of (B) by adding at the end the following new such organizations, as amended. paragraph: automobile, vessel or aircraft, nor does The Clerk read as follows: ‘‘(2) Notwithstanding paragraph (1), a non- it protect the organizations that co- profit volunteer pilot organization that flies ordinate the volunteers. H.R. 1871 for public benefit, and the staff, mission co- There are approximately 30 separate Be it enacted by the Senate and House of Rep- ordinators, officers, and directors (whether volunteer pilot organizations flying for resentatives of the United States of America in volunteer or otherwise) of such organization the public benefit, the largest of which Congress assembled, or a referring agency of such organization, SECTION 1. SHORT TITLE. function together as Angel Flight shall not be liable with respect to harm America. These organizations coordi- This Act may be cited as the ‘‘Volunteer caused to any person by a volunteer of such Pilot Organization Protection Act of 2006’’. organization, while the volunteer is flying in nate almost 8,000 volunteer pilots, who SEC. 2. FINDINGS AND PURPOSE. furtherance of the purpose of the organiza- fly anywhere from one to 50 volunteer (a) FINDINGS.—Congress finds the fol- tion and is operating an aircraft for which missions a year, all at their own per- lowing: the volunteer is properly licensed and has sonal expense. These pilots conduct

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.025 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5243 public benefit aviation, which includes resentative SCOTT of Virginia and Rep- the fact that States already require activities ranging from environmental resentative DRAKE, provides that vol- these pilots to have insurance. The observation, wilderness rescue, deliv- unteer pilots, who are required to carry measure undoes that and exempts pi- ery of medical supplies and organs, and insurance under the bill, can be liable lots from liability. transport of medical patients. In the up to the limits of that insurance. The Moreover, it goes further than the area of medical patient transport pilots would not, however, be person- Volunteer Protection Act by giving alone, volunteer pilot organizations ally liable for any amounts above their this exemption to not only the pilots provided free, long-distance transpor- insurance for simple negligence. but also to the staff, the mission coor- tation to over 40,000 patients and their Mr. Speaker, H.R. 1871 will end the dinators and directors of the organiza- escorts in 2003. cycle of litigation and the threat of tions and referring agencies. In the As beneficial as these groups are in such litigation that has stifled the ef- Volunteer Protection Act, Congress the normal course, they are crucial in forts of public-minded volunteer pilots made sure it was only the volunteers times of crisis. For example, in the who risk their lives to assist others. being protected. We don’t do that here. wake of Hurricane Katrina, Angel The bill is supported by a wide array of Finally, as I have said, the real prob- Flight America, through its role with charitable organizations, including the lem is with the insurance industry. the Homeland Security Emergency Air American Red Cross, the National Or- Why won’t they offer insurance to vol- Transportation System, flew over 500 ganization For Rare Disorders, Angel unteer pilot organizations? Well, dur- missions in the first week after the Flight America, and the National Air ing the hearing of this legislation in storm, bringing in emergency workers, Transportation Association. the 108th Congress, it was suggested agency staff, volunteers, and supplies. In 2004, the House overwhelmingly that these nonprofit volunteer pilot or- These volunteer pilots also flew high- passed similar legislation with the sup- ganizations need liability protection risk individuals to safer locations, and port of 385 Members. I would urge my because they can’t get insurance. If once there assisted groups such as the colleagues to support this important this is the case, why not have a bill National Center for Missing and Ex- legislation. that requires insurance agencies to ploited Children in reuniting parents Mr. Speaker, I reserve the balance of offer insurance to these organizations? and children separated in the evacu- my time. Why not that instead of in the reverse, ation of New Orleans. Overall, Angel Mr. CONYERS. Mr. Speaker, I yield exempting everyone almost under the Flight America coordinated over 2,200 myself such time as I may consume. sun from liability. flights in the areas affected by Hurri- Mr. Speaker, as much as I appreciate So what we are establishing here is a cane Katrina, second only to the volunteer pilot organizations and the national policy specifically allowing United States military. pilots, this bill creates a number of certain pilots to operate their aircraft Despite the invaluable services they problems for me that I would like to negligently and still escape liability. provide, these groups are not protected bring to the attention of our member- Thank goodness we haven’t had any from liability by the Volunteer Protec- ship, and it makes it difficult for me to cases like this, but by immunizing both tion Act and face difficulty in obtain- support H.R. 1871. the negligent pilot and the organiza- ing the necessary insurance because of If you didn’t know that there was a tion that arranges and provides the liability exposure fears. In many cases, Volunteer Protection Act already on transportation, this bill could leave victims of an air tragedy and their sur- the volunteer pilot organizations can- the books, this would sound like some- viving families with no means of seek- not obtain, at any cost, the type of li- thing that is very important and very ing compensation for their loss. ability insurance that they need. In ad- necessary. But there is, and H.R. 1871 I hope that the House of Representa- dition, hospitals and other medical es- undoes the balance achieved in the Vol- tives will not turn its back on the vic- tablishments are sometimes reluctant unteer Protection Act by exempting pi- tims of air tragedies, and I hope that to refer patients to volunteer pilot lots and aircraft carriers from liabil- none of them will occur. But for those medical transport services because of ity, and it applies not only to pilots reasons, I cannot support the passage their own fear of liability exposure but it applies to staff of an organiza- tion, mission coordinators, officers and of this bill. based upon the simple act of recom- Mr. Speaker, I reserve the balance of directors of the volunteer pilot organi- mending needy patients to nonprofit my time. volunteer pilots. zations, referring agencies, whether Mr. SENSENBRENNER. Mr. Speak- This legislation limits the liability they are for profit or not for profit. er, I yield 5 minutes to the author of exposure for volunteer pilots and orga- And it would leave innocent victims the bill, the gentlewoman from Vir- without recourse in some situations by nizations by bringing them within the ginia (Mrs. DRAKE). scope of coverage of the Volunteer Pro- reducing the standard of care applica- Mrs. DRAKE. Mr. Speaker, allow me tection Act. The legislation will not ble to pilots. to begin by thanking key individuals confer blanket immunity. Liability It does nothing to tackle the real whose efforts brought this legislation will attach for gross negligence or problem which is underlying in this to the floor today. First, let me thank reckless, willful, or criminal mis- bill. What is it? Well, it is that the in- Chairman SENSENBRENNER for his dili- conduct. The bill would also have an surance industry has failed to offer in- gence in moving this bill through the added benefit of allowing hospitals, surance to the volunteer pilot organi- Committee on the Judiciary. clinics and other organizations, includ- zations and they can’t get it. They I would also like to thank Ed Boyer ing those organizations active in res- can’t get insurance. And so this meas- of Angel Flight America located in Vir- cue operations like the American Red ure flies in the face of already enacted ginia Beach for raising this important Cross, to refer needy patients for no- law named the Volunteer Protection issue and whose vision will help hun- cost medical transport with less fear of Act, which was passed 8 years ago and dreds of private citizens respond in their own liability exposure. extending over five Congresses. time of crisis. Further, the bill requires that the pi- The Volunteer Protection Act, as op- I would also like to thank my friend lots purchase insurance in order to be posed to this measure, was carefully and colleague, Mr. BOBBY SCOTT, for covered by the liability protections. deliberated and negotiated. But this working with me to bring the best pos- I would also note that this bill con- measure before us wipes the slate clean sible bill to the floor today. tains two amendments that address by giving volunteer pilots protection Finally, allow me to thank Sarah specific concerns that were raised from liability, despite the fact that the Hamlett, who put in countless hours to about earlier versions of this bill. The Volunteer Protection Act specifically make this bill a reality. first amendment, which was adopted excluded that category of volunteers Today, we have an opportunity to during the committee markup, ensures from protection. take important action that will en- that the liability protections do not ex- Under the Volunteer Protection Act, courage the natural altruism and patri- tend to anyone who engages in ter- pilots and those operating aircraft otism that Americans have repeatedly rorist activities. were specifically left out of the liabil- demonstrated in times of crisis. The second amendment, which was ity exemption because of the highly In the past 5 years, our Nation has negotiated after the markup with Rep- dangerous nature of the activity and seen two great disasters, one at the

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.028 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5244 CONGRESSIONAL RECORD — HOUSE July 17, 2006 hands of terrorists and one at the A motion to reconsider was laid on poses of the limitation on State tax- hands of Mother Nature. In both cases, the table. ation of retirement income. Americans responded with a tremen- f This bill makes technical and clari- dous outpouring of compassion, lending fying amendments to the legislation CLARIFYING TREATMENT OF their time, skills and dollars to a range enacted in 1996 to restrict the ability of SELF-EMPLOYMENT FOR PUR- of charitable organizations. States to tax certain pension income POSES OF LIMITATION ON STATE received by their former residents and b 1530 TAXATION OF RETIREMENT IN- nonresidents who earned income in COME In response to both 9/11 and Hurri- that State. cane Katrina, the thousands of civil Mr. SENSENBRENNER. Mr. Speak- Virtually every State correctly inter- aviators who make up Angel Flight er, I move to suspend the rules and preted the law to encompass all retired America, stood ready to serve and, in- pass the bill (H.R. 4019) to amend title individuals as Congress intended, and deed, played a major role in the dis- 4 of the United States Code to clarify adjusted their tax systems accordingly. aster response. the treatment of self-employment for However, after 10 years, at least one Flying over 150 missions following 9/ purposes of the limitation on State State has sought to promote an inter- 11 and more than 2,200 missions in re- taxation of retirement income, as pretation of the law at odds with con- sponse to Katrina, these pilots led an amended. gressional intent by taxing the retire- aviation disaster response second only The Clerk read as follows: ment income of partners who no longer to that of the U.S. military. H.R. 4019 live in the State or who may never But providing a coordinated aviation Be it enacted by the Senate and House of Rep- even have ever lived there. response during national emergencies resentatives of the United States of America in H.R. 4019 clarifies and reiterates the is only a part of the underlying mission Congress assembled, policy Congress wrote into Public Law for most nonprofit volunteer organiza- SECTION 1. CLARIFICATION OF TREATMENT OF 104–95, that States are prohibited from tions. Their most common mission is SELF-EMPLOYMENT FOR PURPOSES taxing the retirement income of all to provide emergency medical trans- OF THE LIMITATION ON STATE TAX- nonresident retirees, whether the indi- portation services for needy families. ATION OF RETIREMENT INCOME. vidual is a retired employee, partner or Each year, volunteer pilots transport (a) IN GENERAL.—Section 114(b)(1)(I) of title 4, United States Code, is amended— principal. hundreds of people with life-threat- (1) by inserting ‘‘(or any plan, program, or ar- Mr. Speaker, this bill, which enjoys ening illnesses thousands of miles in rangement that is in writing, that provides for order to receive specialized medical at- bipartisan support, merely restores retirement payments in recognition of prior serv- fairness and the original intent of Con- tention, as well as transporting pa- ice to be made to a retired partner, and that is tients in remote locations who would in effect immediately before retirement begins)’’ gress by reaffirming that States should otherwise be unable to receive care. after ‘‘section 3121(v)(2)(C) of such Code’’, treat all retirees equally. Yet, despite the importance of their (2) by inserting ‘‘which may include income I urge my colleagues to join me in mission, these organizations have been described in subparagraphs (A) through (H)’’ supporting this legislation. after ‘‘(not less frequently than annually’’, left out of the Volunteer Protection Mr. Speaker, I reserve the balance of (3) by adding at the end the following: my time. Act in its current form. ‘‘The fact that payments may be adjusted from This legislation addresses this mis- time to time pursuant to such plan, program, or Mr. CONYERS. Mr. Speaker, I yield sion by amending the Volunteer Pro- arrangement to limit total disbursements under myself as much time as I may con- tection Act to include organizations a predetermined formula, or to provide cost of sume. such as Angel Flight so they may con- living or similar adjustments, will not cause the Mr. Speaker, I rise in support of H.R. tinue to fulfill their mission and pro- periodic payments provided under such plan, 4019, and I support the measure which vide a critical service for needy fami- program, or arrangement to fail the ‘substan- is intended to clarify current law that tially equal periodic payments’ test.’’, and lies, seeking specialized medical atten- prohibits States from taxing the retire- (4) by adding at the end the following: ment income of any nonresident, tion. ‘‘(4) For purposes of this section, the term ‘re- It is important to note that I have tired partner’ is an individual who is described whether the individual is a retired em- worked closely with Congressman as a partner in section 7701(a)(2) of the Internal ployee, partner or a principal, and says SCOTT to ensure that this legislation Revenue Code of 1986 and who is retired under that the benefits reduction calcula- does not shield pilots from liability in such individual’s partnership agreement.’’. tions under the bill include compo- instances of criminal misconduct or (b) APPLICATION.—The amendments made by nents from both qualified and non- gross negligence. this section apply to amounts received after De- qualified plans. cember 31, 1995. Instead, this legislation provides Now, since 1996, States have adjusted nonprofit volunteer pilot organizations The SPEAKER pro tempore. Pursu- their tax system to reflect the policy the security they need to grow and ex- ant to the rule, the gentleman from and to allow several different interpre- pand their mission to more parts of our Wisconsin (Mr. SENSENBRENNER) and tations. The policy would upset expec- country and provide a well-coordinated the gentleman from Michigan (Mr. tations and reliance upon the law. And response in times of national emer- CONYERS) each will control 20 minutes. what we are doing is eliminating that gencies. The Chair recognizes the gentleman possibility. This would also, without I encourage all of my colleagues to from Wisconsin. this change, further confuse the tax support this important bipartisan leg- GENERAL LEAVE system and certainly lead to unneces- islation. Mr. SENSENBRENNER. Mr. Speak- sary litigation. Mr. CONYERS. Mr. Speaker, I have er, I ask unanimous consent that all It should be noted that the States af- no further requests for time, and I Members may have 5 legislative days fected by Public Law 104–95 have ad- yield back the balance of my time. within which to revise and extend their justed their tax schemes to comply Mr. SENSENBRENNER. Mr. Speak- remarks and include extraneous mate- with the law as they understood it. er, I have no further requests for time, rial on H.R. 4019 currently under con- However, there is one State presently and I yield back the balance of my sideration. that construes the statute in con- time. The SPEAKER pro tempore. Is there travention of the original intent, and if The SPEAKER pro tempore. The objection to the request of the gen- this State, New York, is permitted to question is on the motion offered by tleman from Wisconsin? implement its interpretation of the the gentleman from Wisconsin (Mr. There was no objection. bill, other States may follow. This, in SENSENBRENNER) that the House sus- Mr. SENSENBRENNER. Mr. Speak- turn, would most definitely spur an un- pend the rules and pass the bill, H.R. er, I yield myself such time as I may limited amount of needless litigation. 1871, as amended. consume. So it is essential that for consistency The question was taken; and (two- Mr. Speaker, I rise in support of H.R. and uniformity that this legislation be- thirds having voted in favor thereof) 4019, a bill to amend title 4 of the fore us be enacted. the rules were suspended and the bill, United States Code to clarify the treat- We should note that neither the Fed- as amended, was passed. ment of self-employment for the pur- eration of Tax Administrators nor the

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.029 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5245 National Governors Association are op- b 1830 Bishop (UT) Graves Michaud posing this clarification. Blackburn Green, Al Millender- AFTER RECESS Blunt Green, Gene McDonald This clarification is needed to pro- Boehlert Grijalva Miller (FL) tect the current State taxation poli- The recess having expired, the House Boehner Gutknecht Miller (MI) cies, and I am proud to support it and was called to order by the Speaker pro Bonner Hall Miller (NC) urge my colleagues to do as well. Bono Harman Miller, Gary tempore (Mr. PETRI) at 6 o’clock and 30 Boren Hart Mollohan Mr. CANNON. Mr. Speaker, I would like to minutes p.m. Boswell Hastings (FL) Moore (KS) thank Chairman SENSENBRENNER, Ranking Boucher Hastings (WA) Moore (WI) f Member CONYERS and Representatives WATT Boustany Hayworth Moran (KS) for their work and leadership on this legisla- Boyd Hefley Moran (VA) COMMUNICATION FROM THE HON. Bradley (NH) Hensarling Murphy tion. CHARLIE NORWOOD, MEMBER OF Brady (PA) Herger Murtha H.R. 4019 is a technical amendment to Pub- CONGRESS Brady (TX) Herseth Musgrave lic Law 104–95. This legislation clarifies that Brown (SC) Higgins Myrick all retirees should be treated the same with re- The SPEAKER pro tempore laid be- Brown-Waite, Hinchey Napolitano Ginny Hinojosa Neal (MA) gard to how States may tax retirement pay- fore the House the following commu- nication from the Honorable Charlie Burton (IN) Hobson Neugebauer ments. Butterfield Hoekstra Ney In 1996, Congress passed Public Law 104– Norwood, Member of Congress: Buyer Holden Norwood 95 to prohibit States from taxing the retirement U.S. CONGRESS, Camp (MI) Holt Nunes income of nonresident retirees. Essentially, if HOUSE OF REPRESENTATIVES, Campbell (CA) Honda Oberstar Washington, DC, July 17, 2006. Cantor Hooley Obey retirees, most of whom are on fixed incomes, Capito Hostettler Olver are not living in the State, then no State ex- Hon. J. Dennis Hastert, Capps Hoyer Ortiz cept the State where the individual resides Speaker, House of Representtives, Washington Capuano Hunter Osborne DC. Cardin Hyde Otter should tax the retirees’ incomes. DEAR MR. SPEAKER: This is to notify you Cardoza Inslee Pallone After passage of the 1996 law, most States formally, pursuant to rule VIII of the Rules Carnahan Israel Pastor interpreted the law, as it was intended, to of the House of Representatives, that I have Carson Issa Payne apply to all retirees, including employees and been served with a civil deposition subpoena, Carter Jackson (IL) Pearce Castle Jackson-Lee Pelosi partners. One State, however, has recently issued by the Superior Court of Fulton Coun- Chabot (TX) Peterson (MN) taken the position that it can treat retired em- ty, GA, for documents and testimony. Chandler Jefferson Petri ployes of a company and retired partners from After consultation with the Office of Gen- Chocola Jenkins Pickering partnership differently. This State’s interpreta- eral Counsel, I have determined that compli- Clay Johnson (CT) Pitts ance with the subpoena is consistent with Cleaver Johnson (IL) Platts tion is contrary to the original intent of the law Clyburn Johnson, E. B. Poe and would allow for a State to tax the retire- the precedents and privileges of the House. Sincerely, Cole (OK) Jones (OH) Pombo ment payments of a person who retires from Conaway Kanjorski Pomeroy CHARLIE NORWOOD, a partnership, no matter where that retiree is Conyers Kaptur Porter Member of Congress. Cooper Keller Putnam living. This was not the intent of Congress Costa Kelly Radanovich when the bill was passed, as was emphasized f Crenshaw Kennedy (MN) Rahall at our hearing by our former colleague Mr. ANNOUNCEMENT BY THE SPEAKER Crowley Kennedy (RI) Ramstad Gekas, who was chair of the subcommittee Cubin Kildee Rangel PRO TEMPORE Cuellar Kilpatrick (MI) Regula when Public Law 104–95 was enacted. Con- Culberson King (IA) Rehberg gress intended for all retirees to be treated the The SPEAKER pro tempore. Pursu- Cummings King (NY) Reichert same under the law, and H.R. 4019 simply ant to clause 8 of rule XX, proceedings Davis (AL) Kirk Renzi clarifies that intent. States must treat all retir- will resume on motions to suspend the Davis (CA) Kline Reyes rules previously postponed. Davis (KY) Knollenberg Reynolds ees similarly. Davis (TN) Kolbe Rogers (AL) I have worked with the State tax administra- Votes will be taken in the following Davis, Jo Ann Kucinich Rogers (KY) tors and crafted a manager’s amendment that order: Davis, Tom Kuhl (NY) Rogers (MI) passed the full committee by voice vote in H.R. 3085, by the yeas and nays; DeFazio Langevin Rohrabacher DeGette Larsen (WA) Ros-Lehtinen order to alleviate their initial concerns, an ap- H.R. 3496, by the yeas and nays; Delahunt Larson (CT) Ross preciate their efforts in coming to the table to H.R. 3729, by the yeas and nays. DeLauro Latham Roybal-Allard reach agreement. The first and third electronic votes Dent LaTourette Royce I urge all of my colleagues to support H.R. will be conducted as 15-minute votes. Diaz-Balart, L. Leach Ruppersberger Diaz-Balart, M. Levin Rush 4019. The second vote in this series will be a Dicks Lewis (CA) Ryan (OH) Mr. CONYERS. Mr. Speaker, I have 5-minute vote. Doggett Lewis (GA) Ryan (WI) no further requests for time, and I Doyle Lewis (KY) Ryun (KS) f yield back the balance of my time. Drake Linder Sabo Dreier LoBiondo Salazar Mr. SENSENBRENNER. Mr. Speak- TRAIL OF TEARS STUDY ACT Duncan Lofgren, Zoe Sa´ nchez, Linda er, I have no further requests for time, The SPEAKER pro tempore. The Edwards Lowey T. and I yield back the balance of my Ehlers Lucas Sanchez, Loretta pending business is the question of sus- time. Emanuel Lungren, Daniel Sanders pending the rules and passing the bill, Emerson E. Saxton The SPEAKER pro tempore. The Engel Lynch Schakowsky question is on the motion offered by H.R. 3085, as amended. The Clerk read the title of the bill. English (PA) Mack Schiff the gentleman from Wisconsin (Mr. Eshoo Maloney Schmidt The SPEAKER pro tempore. The SENSENBRENNER) that the House sus- Etheridge Manzullo Scott (GA) pend the rules and pass the bill, H.R. question is on the motion offered by Everett Marchant Scott (VA) the gentleman from Arizona (Mr. Farr Markey Sensenbrenner 4019, as amended. Feeney Marshall Serrano The question was taken; and (two- RENZI) that the House suspend the Ferguson Matsui Shadegg thirds having voted in favor thereof) rules and pass the bill, H.R. 3085, as Filner McCarthy Shaw amended, on which the yeas and nays Foley McCaul (TX) Shays the rules were suspended and the bill, Forbes McCollum (MN) Sherman as amended, was passed. are ordered. Fortenberry McCotter Sherwood A motion to reconsider was laid on The vote was taken by electronic de- Fossella McCrery Shimkus the table. vice, and there were—yeas 356, nays 5, Frank (MA) McDermott Simmons not voting 71, as follows: Franks (AZ) McGovern Simpson f Gerlach McHenry Skelton [Roll No. 375] RECESS Gibbons McHugh Slaughter YEAS—356 Gilchrest McIntyre Smith (NJ) The SPEAKER pro tempore. Pursu- Gillmor McKeon Smith (TX) Ackerman Baker Becerra ant to clause 12(a) of rule I, the Chair Gingrey McMorris Smith (WA) Aderholt Baldwin Berkley Gohmert McNulty Snyder declares the House in recess until ap- Akin Barrett (SC) Berman Gonzalez Meehan Sodrel proximately 6:30 p.m. today. Alexander Barrow Berry Goode Meek (FL) Solis Accordingly (at 3 o’clock and 38 min- Allen Bartlett (MD) Biggert Goodlatte Meeks (NY) Souder Baca Barton (TX) Bilbray utes p.m.), the House stood in recess Gordon Melancon Spratt Bachus Bass Bishop (GA) Granger Mica Stark until approximately 6:30 p.m. Baird Bean Bishop (NY)

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.032 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5246 CONGRESSIONAL RECORD — HOUSE July 17, 2006 Stearns Tierney Watson Boehlert Hinojosa Pelosi Keller Musgrave Ryan (WI) Stupak Turner Watt Boehner Hobson Pickering Kelly Myrick Ryun (KS) Sullivan Udall (CO) Weldon (PA) Boren Holden Platts Kennedy (MN) Neugebauer Schmidt Tancredo Udall (NM) Westmoreland Boswell Holt Pombo King (IA) Ney Sensenbrenner Tanner Upton Whitfield Boucher Honda Pomeroy Kline Norwood Shadegg Tauscher Van Hollen Wicker Boustany Hooley Porter Knollenberg Obey Shaw ´ Taylor (MS) Velazquez Wilson (NM) Boyd Hoyer Rahall Lewis (KY) Otter Sodrel Taylor (NC) Visclosky Wilson (SC) Brady (PA) Hunter Rangel LoBiondo Paul Stark Thomas Walden (OR) Lungren, Daniel Pearce Wolf Brady (TX) Inslee Regula Stearns Thompson (CA) Walsh Brown-Waite, Israel E. Peterson (MN) Woolsey Renzi Sullivan Thompson (MS) Wamp Ginny Issa Mack Petri Wu Reyes Tancredo Thornberry Wasserman Burton (IN) Jackson (IL) Manzullo Pitts Wynn Reynolds Taylor (MS) Tiahrt Schultz Butterfield Jackson-Lee Rogers (AL) Marchant Poe Tiberi Waters Young (AK) Buyer (TX) Markey Putnam Taylor (NC) Ros-Lehtinen Thornberry Capito Jefferson Ross McCaul (TX) Radanovich NAYS—5 McHenry Ramstad Tierney Capps Johnson (CT) Roybal-Allard McKeon Rehberg Upton Coble Foxx Paul Cardin Johnson, E. B. Ruppersberger Cardoza Jones (OH) McMorris Reichert Wamp Flake Jones (NC) Rush Carnahan Kanjorski Miller (FL) Rogers (KY) Weldon (FL) Ryan (OH) NOT VOTING—71 Carson Kaptur Miller, Gary Rogers (MI) Westmoreland Sabo Castle Kennedy (RI) Moran (KS) Rohrabacher Wilson (SC) Abercrombie Frelinghuysen Owens Salazar Chandler Kildee Murphy Royce Andrews Gallegly Oxley Sa´ nchez, Linda Clay Kilpatrick (MI) Beauprez Garrett (NJ) Pascrell T. Cleaver King (NY) NOT VOTING—70 Bilirakis Green (WI) Pence Sanchez, Loretta Clyburn Kirk Abercrombie Gallegly Owens Blumenauer Gutierrez Peterson (PA) Sanders Cole (OK) Kolbe Andrews Garrett (NJ) Oxley Bonilla Harris Price (GA) Saxton Boozman Hayes Conyers Kucinich Beauprez Green (WI) Pascrell Price (NC) Schakowsky Brown (OH) Hulshof Costa Kuhl (NY) Bilirakis Gutierrez Pence Pryce (OH) Schiff Brown, Corrine Inglis (SC) Crenshaw Langevin Blumenauer Harris Rothman Scott (GA) Peterson (PA) Burgess Istook Crowley Larsen (WA) Bonilla Hayes Price (GA) Schwartz (PA) Cuellar Scott (VA) Calvert Jindal Larson (CT) Boozman Hulshof Price (NC) Schwarz (MI) Cummings Latham Serrano Cannon Johnson, Sam Brown (OH) Inglis (SC) Pryce (OH) Sessions Davis (AL) LaTourette Shays Brown, Corrine Istook Case Kind Rothman Shuster Davis (CA) Leach Sherman Burgess Jindal Costello Kingston Schwartz (PA) Cramer LaHood Strickland Davis (TN) Levin Sherwood Calvert Johnson, Sam Schwarz (MI) Davis (FL) Lantos Sweeney Davis, Tom Lewis (CA) Shimkus Cannon Kind Sessions Davis (IL) Lee Terry DeFazio Lewis (GA) Simmons Case Kingston Shuster Deal (GA) Lipinski Towns DeGette Linder Simpson Costello LaHood Dingell Matheson Waxman Delahunt Lofgren, Zoe Skelton Cramer Lantos Strickland Doolittle McKinney Weiner DeLauro Lowey Slaughter Davis (FL) Lee Sweeney Evans Miller, George Weldon (FL) Dent Lucas Smith (NJ) Davis (IL) Lipinski Terry Fattah Nadler Weller Diaz-Balart, L. Lynch Smith (TX) Deal (GA) Matheson Towns Fitzpatrick (PA) Northup Wexler Diaz-Balart, M. Maloney Smith (WA) Dingell McKinney Waxman Ford Nussle Young (FL) Dicks Marshall Snyder Doolittle Meeks (NY) Weiner Doggett Matsui Solis Evans Miller, George Weller b 1855 Doyle McCarthy Souder Fattah Nadler Wexler Dreier McCollum (MN) Spratt Fitzpatrick (PA) Northup Young (FL) Mr. COBLE changed his vote from Edwards McCotter Stupak Ford Nussle ‘‘yea’’ to ‘‘nay.’’ Ehlers McCrery Tanner Emanuel McDermott 1906 Messrs. BAKER, JOHNSON of Illi- Tauscher b Emerson McGovern Thomas C nois, GOODE, and RUSH changed their Engel McHugh Thompson (CA) Mr. M GOVERN changed his vote vote from ‘‘nay’’ to ‘‘yea.’’ English (PA) McIntyre Thompson (MS) from ‘‘nay’’ to ‘‘yea.’’ Eshoo McNulty Tiahrt So (two-thirds of those voting having So (two-thirds of those voting having Etheridge Meehan Tiberi responded in the affirmative) the rules Farr Meek (FL) responded in the affirmative) the rules Turner Ferguson Melancon were suspended and the bill, as amend- Udall (CO) were suspended and the bill, as amend- Filner Mica ed, was passed. Udall (NM) ed, was passed. Foley Michaud Van Hollen The result of the vote was announced Fortenberry Millender- The result of the vote was announced ´ as above recorded. Fossella McDonald Velazquez as above recorded. Frank (MA) Miller (MI) Visclosky A motion to reconsider was laid on Walden (OR) A motion to reconsider was laid on Gerlach Miller (NC) the table. the table. Gilchrest Mollohan Walsh Wasserman Gillmor Moore (KS) f f Gonzalez Moore (WI) Schultz Gordon Moran (VA) Waters FEDERAL JUDICIARY EMERGENCY NATIONAL CAPITAL TRANSPOR- Graves Murtha Watson TATION AMENDMENTS ACT OF Green, Al Napolitano Watt TOLLING ACT OF 2006 2006 Green, Gene Neal (MA) Weldon (PA) The SPEAKER pro tempore. The Grijalva Nunes Whitfield The SPEAKER pro tempore. The Hall Oberstar Wicker pending business is the question of sus- pending business is the question of sus- Harman Olver Wilson (NM) pending the rules and passing the bill, Wolf pending the rules and passing the bill, Hastings (FL) Ortiz H.R. 3729, as amended. Hastings (WA) Osborne Woolsey The Clerk read the title of the bill. H.R. 3496, as amended. Herseth Pallone Wu The Clerk read the title of the bill. Higgins Pastor Wynn The SPEAKER pro tempore. The The SPEAKER pro tempore. The Hinchey Payne Young (AK) question is on the motion offered by the gentleman from Wisconsin (Mr. question is on the motion offered by NAYS—120 the gentleman from Virginia (Mr. TOM SENSENBRENNER) that the House sus- Aderholt Capuano Frelinghuysen pend the rules and pass the bill, H.R. DAVIS) that the House suspend the Akin Carter Gibbons rules and pass the bill, H.R. 3496, as Alexander Chabot Gingrey 3729, as amended, on which the yeas amended, on which the yeas and nays Bachus Chocola Gohmert and nays are ordered. are ordered. Baker Coble Goode The vote was taken by electronic de- Barrett (SC) Conaway Goodlatte vice, and there were—yeas 363, nays 0, This will be a 5-minute vote. Bartlett (MD) Cooper Granger The vote was taken by electronic de- Barton (TX) Cubin Gutknecht not voting 69, as follows: vice, and there were—yeas 242, nays Bean Culberson Hart [Roll No. 377] Biggert Davis (KY) Hayworth 120, not voting 70, as follows: Bishop (UT) Davis, Jo Ann Hefley YEAS—363 [Roll No. 376] Blackburn Drake Hensarling Ackerman Baker Becerra Bonner Duncan Herger Aderholt Baldwin Berkley YEAS—242 Bono Everett Hoekstra Akin Barrett (SC) Berman Ackerman Barrow Berry Bradley (NH) Feeney Hostettler Alexander Barrow Berry Allen Bass Bilbray Brown (SC) Flake Hyde Allen Bartlett (MD) Biggert Baca Becerra Bishop (GA) Camp (MI) Forbes Jenkins Baca Barton (TX) Bilbray Baird Berkley Bishop (NY) Campbell (CA) Foxx Johnson (IL) Bachus Bass Bishop (GA) Baldwin Berman Blunt Cantor Franks (AZ) Jones (NC) Baird Bean Bishop (NY)

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.016 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5247 Bishop (UT) Gonzalez Meehan Snyder Thornberry Watson 377. Had I been present, I would have voted Blackburn Goode Meek (FL) Sodrel Tiahrt Watt ‘‘yea’’ on both votes. Blunt Goodlatte Meeks (NY) Solis Tiberi Weldon (FL) Boehlert Granger Melancon Souder Tierney Weldon (PA) f Boehner Graves Mica Spratt Turner Westmoreland Bonner Green, Al Michaud Stark Udall (CO) Whitfield PERSONAL EXPLANATION Bono Green, Gene Millender- Stearns Udall (NM) Wicker Mr. GREEN of Wisconsin. Mr. Speaker, I Boren Grijalva McDonald Stupak Upton Wilson (NM) Sullivan Van Hollen was absent from Washington on Monday, July Boswell Gutknecht Miller (FL) Wilson (SC) Tancredo Vela´ zquez Boucher Hall Miller (MI) Wolf 17, 2006. As a result, I was not recorded for Boustany Harman Miller (NC) Tanner Visclosky Woolsey rollcall votes Nos. 375, 376 and 377. Had I Boyd Hart Miller, Gary Tauscher Walden (OR) Wu Bradley (NH) Hastings (FL) Mollohan Taylor (MS) Walsh been present, I would have voted ‘‘yea’’ on Wynn Brady (PA) Hastings (WA) Moore (KS) Taylor (NC) Wamp rollcall Nos. 375 and 377. I would have voted Young (AK) Brady (TX) Hayworth Moore (WI) Thomas Wasserman ‘‘nay’’ on rollcall No. 376. Moran (KS) Thompson (CA) Schultz Brown (SC) Hefley f Brown-Waite, Hensarling Moran (VA) Thompson (MS) Waters Ginny Herger Murphy NOT VOTING—69 SNAKES IN THE GRASS Burgess Herseth Murtha Burton (IN) Higgins Musgrave Abercrombie Gallegly Nussle (Mr. POE asked and was given per- Butterfield Hinchey Myrick Andrews Garrett (NJ) Owens mission to address the House for 1 Buyer Hinojosa Napolitano Beauprez Gordon Oxley minute.) Camp (MI) Hobson Neal (MA) Bilirakis Green (WI) Pascrell Campbell (CA) Hoekstra Neugebauer Blumenauer Gutierrez Pence Mr. POE. Mr. Speaker, in west Texas, Cantor Holden Ney Bonilla Harris Peterson (PA) rattlesnakes are king. They are deadly. Capito Holt Norwood Boozman Hayes Price (GA) They are poisonous. In the vastness of Brown (OH) Hulshof Price (NC) Capps Honda Nunes the heat, these snakes roam every Capuano Hooley Oberstar Brown, Corrine Inglis (SC) Pryce (OH) Cardin Hostettler Obey Calvert Istook Rothman town, every ranch. No place is safe, es- Cardoza Hoyer Olver Cannon Jindal Schwartz (PA) pecially in the summer. Carnahan Hunter Ortiz Case Johnson, Sam Schwarz (MI) When their well-known rattle whis- Carson Hyde Osborne Costello Kind Sessions Carter Inslee Otter Cramer Kingston Shuster tles through the air, it is a warning for Castle Israel Pallone Davis (FL) LaHood Strickland all to beware. And if they bite you, you Chabot Issa Pastor Davis (IL) Lantos Sweeney die. They still lock down their poi- Deal (GA) Lee Terry Chandler Jackson (IL) Paul sonous jaws on prey, ranging from peo- Chocola Jackson-Lee Payne Dingell Lipinski Towns Clay (TX) Pearce Doolittle Matheson Waxman ple to cattle, inhabiting the snake-in- Cleaver Jefferson Pelosi Evans McKinney Weiner fested land. These snakes live among Clyburn Jenkins Peterson (MN) Fattah Miller, George Weller Fitzpatrick (PA) Nadler Wexler us and they kill us. Coble Johnson (CT) Petri Mr. Speaker, Hezbollah is a snake in Cole (OK) Johnson (IL) Pickering Ford Northup Young (FL) the grass, a terror ring funded by Iran, Conaway Johnson, E. B. Pitts b 1922 Conyers Jones (NC) Platts living beside the Israelis, slithering in Cooper Jones (OH) Poe So (two-thirds of those voting having the cloak of night, knowing no borders. Costa Kanjorski Pombo responded in the affirmative) the rules Crenshaw Kaptur Pomeroy Taking lives, claiming victims. Crowley Keller Porter were suspended and the bill, as amend- We have heard Hezbollah’s rattle. Cubin Kelly Putnam ed, was passed. Why are we surprised? A rattlesnake Cuellar Kennedy (MN) Radanovich The result of the vote was announced does not change. You cannot negotiate Culberson Kennedy (RI) Rahall as above recorded. Cummings Kildee Ramstad with one. The snakes of Hezbollah are Davis (AL) Kilpatrick (MI) Rangel A motion to reconsider was laid on terrorists, and Israel has every right to Davis (CA) King (IA) Regula the table. turn and fight now that they have Davis (KY) King (NY) Rehberg heard the rattle and seen this sneak Davis (TN) Kirk Reichert f snake attack. Davis, Jo Ann Kline Renzi PERSONAL EXPLANATION Davis, Tom Knollenberg Reyes And that’s just the way it is. DeFazio Kolbe Reynolds Mr. BOOZMAN. Mr. Speaker, I was absent f DeGette Kucinich Rogers (AL) from votes today, July 17, 2006, due to a Delahunt Kuhl (NY) Rogers (KY) THE CRISIS IN THE MIDDLE EAST DeLauro Langevin Rogers (MI) delay in my flight back to Washington, DC. Dent Larsen (WA) Rohrabacher Had I been present, I would have voted in the (Mr. MCDERMOTT asked and was Diaz-Balart, L. Larson (CT) Ros-Lehtinen following manner: H.R. 3085—‘‘yea’’; H.R. given permission to address the House Diaz-Balart, M. Latham Ross Dicks LaTourette Roybal-Allard 3496—‘‘nay’’; H.R. 3729—‘‘yea’’. for 1 minute and to revise and extend Doggett Leach Royce f his remarks.) Doyle Levin Ruppersberger Mr. MCDERMOTT. Mr. Speaker, the Drake Lewis (CA) Rush PERSONAL EXPLANATION question is, Does silence mean agree- Dreier Lewis (GA) Ryan (OH) Duncan Lewis (KY) Ryan (WI) Ms. PRYCE of Ohio. Mr. Speaker, I was un- ment? Edwards Linder Ryun (KS) able to vote during the following rollcall votes. The United States is the only super- Ehlers LoBiondo Sabo Had I been present, I would have voted as in- power in the world; yet the President Emanuel Lofgren, Zoe Salazar Emerson Lowey Sa´ nchez, Linda dicated below: has been on the sidelines since the Engel Lucas T. Rollcall No. 375, H.R. 3085—To amend the start of the Middle East crisis. English (PA) Lungren, Daniel Sanchez, Loretta National Trails System Act to update the feasi- There are 25,000 Americans in harm’s Eshoo E. Sanders bility and suitability study originally prepared way in Lebanon, but the President has Etheridge Lynch Saxton Everett Mack Schakowsky for the Trail of Tears National Historic Trail yet to reassure them, or us, that the Farr Maloney Schiff and provide for the inclusion of new trial seg- United States is doing everything pos- Feeney Manzullo Schmidt ments, land components, and campgrounds sible to protect our citizens and get Ferguson Marchant Scott (GA) Filner Markey Scott (VA) associated with that trail, and for other pur- them out of harm’s way. A U.S. war- Flake Marshall Sensenbrenner poses, I would have voted ‘‘yea’’. ship was ordered to sail out of the Port Foley Matsui Serrano Rollcall No. 376, H.R. 3496—National Cap- of Haifa. Why weren’t U.S. helicopters Forbes McCarthy Shadegg ital Transportation amendments Act of 2005, I flown in to evacuate Americans vis- Fortenberry McCaul (TX) Shaw Fossella McCollum (MN) Shays would have voted ‘‘yea’’ iting Israel? And why are we only now Foxx McCotter Sherman Rollcall No. 377, H.R. 3729—Federal Judici- flying helicopters into Lebanon to Frank (MA) McCrery Sherwood ary Emergency Tolling Act of 2005, I would begin evacuating Americans? Franks (AZ) McDermott Shimkus Frelinghuysen McGovern Simmons have voted ‘‘yea’’. The President had days to speak, but Gerlach McHenry Simpson f waited, and then let the G–8 nations Gibbons McHugh Skelton issue a joint communique. Gilchrest McIntyre Slaughter PERSONAL EXPLANATION Why didn’t this President dispatch Gillmor McKeon Smith (NJ) Gingrey McMorris Smith (TX) Mr. BILIRAKIS. Mr. Speaker, I was unable the Secretary of State to the region Gohmert McNulty Smith (WA) to cast recorded votes on rollcall Nos. 375 and immediately?

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.018 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5248 CONGRESSIONAL RECORD — HOUSE July 17, 2006 The United States must lead if there We are the superpower of the world. The victims swam across the river to is any hope of restoring stability to the We do have Americans in harm’s way. their escape into the hands of U.S. law region. The President’s silence is unac- I myself have students in the Mickey enforcement officers. Seconds after ceptable. In the midst of this crisis, his Leland internship program who are stumbling on the boys, law enforce- silence is intolerable. He is AWOL. making their way back home from ment officers on the border and sher- iff’s deputies were engulfed in a bar- f Israel. What I would say is that this is a rage of bullets. REPORT ON RESOLUTION PRO- time for engagement. This is a time for The bad guys on the Mexican side of VIDING FOR CONSIDERATION OF drawing parties from the Arab states the border, these thugs who were lying H.J. RES. 88, MARRIAGE PROTEC- as well as Israel and others who would in wait, would wait no more, and they TION AMENDMENT go into the Mideast, sit down in Jordan decided to fire on American peace offi- cers from their side of the river. As Mr. GINGREY, from the Committee or other states that are surrounding many as 10 men with machine guns on Rules, submitted a privileged report the area, and actually have a con- frontation, a meeting, an under- turned their guns to fire 200 to 300 (Rept. No. 109–573) on the resolution (H. rounds of ammunition at law enforce- Res. 918) providing for consideration of standing, if you will, to bring some so- lution. ment officers on the American side of the joint resolution (H.J. Res. 88) pro- the river. posing an amendment to the Constitu- It is important for us to be in the way of saving lives. It is important for Luckily, the Americans had built a tion of the United States relating to levee on the American side, just like a marriage, which was referred to the us to acknowledge the necessity of finding balance so that we can save fortress, and they were protected from House Calendar and ordered to be these kidnappers who would shoot printed. lives. Soldiers should be returned, but we their automatic weapons as if they were on the Israeli-Lebanon border. f should not ignore the opportunity for Their bullets ricocheted off this dirt engagement. We must be in the Mid- PROTECTING FLORIDA’S MANATEE wall. The deputies dove behind it, but east. We must draw the parties to- POPULATION they never returned fire to the Mexican gether. We must find a solution. We (Ms. GINNY BROWN-WAITE of Flor- side. must save lives. ida asked and was given permission to This gang-style rural warfare you address the House for 1 minute and to f hear about on battlefields is in our own revise and extend her remarks.) b 1930 American backyard. In just the last year and a half, this is the fifth time Ms. GINNY BROWN-WAITE of Flor- SPECIAL ORDERS ida. Mr. Speaker, I rise in support of Border Patrol has been shot at. the bill H.R. 4075, the Marine Mammals The SPEAKER pro tempore (Mr. Former Texas Ranger Doyle Holdrige Protection Act, legislation that pro- BOUSTANY). Under the Speaker’s an- put it best. He said, ‘‘After dark on the tects a true wonder of nature, the Flor- nounced policy of January 4, 2005, and Texas-Mexican border, it gets west- ida manatee. under a previous order of the House, ern.’’ You won’t even normally find Hi- Living in Florida’s streams, swamps, the following Members will be recog- dalgo County deputies in that area of and rivers, manatees are beloved nized for 5 minutes each. f the border. Their sheriff doesn’t allow throughout my district and especially them to go there. He said it is too dan- in Citrus County. BLAZING GUNS gerous to patrol that portion of the The Marine Mammals Protection Act The SPEAKER pro tempore. Under a river. Instead, the sheriff only reacts to provides new and increased protections previous order of the House, the gen- calls for help, spending the rest of the for the manatees from fishermen and tleman from Texas (Mr. POE) is recog- time trying to make their presence from wildlife loss. nized for 5 minutes. known in neighborhoods that are in Chairman RICHARD POMBO deserves Mr. POE. Mr. Speaker, news from the fear living on the border. credit for bringing this bill up for a second front: The border war con- Sheriff Lupe Trevino says the Fed- vote and helping to protect one of Flor- tinues. It sounds like a scene from eral Government has left the gate wide ida’s most precious natural resources. Lonesome Dove or some other western open, allowing thugs, plain criminals, Mr. Speaker, this legislation will movie. Hundreds of shots were ringing to do damage on the American side of provide grants and protections to help out over the Rio Grande River, piercing the border. He says drastic cuts have ensure that Florida’s sea cows will be the night for a period of minutes. But washed away homeland security fund- around for my grandchildren, my great movie villains, this was not. These are ing and drained funds from community grandchildren, and everyone to enjoy real outlaws that are shrouded in dark- policing from this border area in South years into the future. ness and shooting at Americans, just Texas. Sheriff Trevino says a lack of en- There actually is a preserve in my like in the old days. area where the manatees, once they are The gunfire belongs to the border, forcement, lack of funding and lack of Federal support has left local authori- injured, can go for treatment, and it is the U.S.-Mexican border. Just last ties to stand by, while guerillas fire a wonderful, wonderful resource. week, in the moonlight, was a scene of machine guns at them, invaders take Thankfully, the manatee has come machine gun madness. It could have over their neighborhoods and leave back from being endangered. been a fatal barrage of bullets. local law enforcement in harm’s way Last Wednesday night, Border Patrol f while on border patrol. and Hidalgo County, Texas, sheriff’s THE U.S. RESPONSE TO THE Mr. Speaker, this shootout of 200 to deputies patrolling the Rio Grande CRISIS IN THE MIDDLE EAST 300 rounds barely made the news last River, the international border be- week. We hear all about the border (Ms. JACKSON-LEE of Texas asked tween Mexico and the United States, shootings on the Israeli-Lebanon bor- and was given permission to address stumbled upon two boys from Mexico der, but, Mr. Speaker, our government the House for 1 minute and to revise that were running from outlaws on the should be as concerned about the gun- and extend her remarks.) Mexican side. They had just raided fire on our border as we are about blaz- Ms. JACKSON-LEE of Texas. Mr. their ranch and kidnapped their father ing guns in the Middle East. Speaker, when you are home in your and killed a ranch hand, so they were And that’s just the way it is. district, there are those who are look- fleeing these criminals. f ing at the crisis in the Middle East and They were swimming to the safety of asking what is the response of the the United States. They were hiding in IN SUPPORT OF ISRAEL’S RIGHT United States. And, yes, of course the cornfields of Mexico for several TO SELF-DEFENSE Israel has the right to defend. But the hours while machine gun carrying kill- The SPEAKER pro tempore. Under a President of the United States, the Ex- ers were looking for them. previous order of the House, the gen- ecutive, has the right as well to stand But violence did not end on the Mexi- tleman from New Jersey (Mr. PALLONE) and call boldly for a cease fire. can side of the river where it started. is recognized for 5 minutes.

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.043 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5249 Mr. PALLONE. Mr. Speaker, I rise to strong disapproval of the European defense to protect its people, the EU issued a express my support, my strong support, Union’s comments. I will include for statement criticizing Israel for a ‘‘dispropor- tionate use of force’’—comments echoed by for the Nation of Israel as it exercises the RECORD that letter. The fact is, Mr. Speaker, that Israel French President Jacques Chirac and Span- its right to self-defense in the face of ish Prime Minister Jose Luis Rodriguez terrorist attacks. has complied with international agree- Zapatero. The EU also said that ‘‘the imposi- I am sure my colleagues are aware ments, such as U.N. Security Council tion of an air and sea blockade on Lebanon that back on June 25th, members of the Resolution 425, by withdrawing from cannot be justified.’’ Hamas terrorist organization attacked Lebanon. Unfortunately, the Lebanese I find those comments to be misguided and an Israeli military post outside the Government has not held up its end of unfair to Israel. In order to defend itself and Gaza Strip. Two Israeli soldiers were the bargain, failing to control southern its citizens from attacks on two sides, Israel Lebanon, rein in Hezbollah and support has responded with the intent of ending the killed and another was captured. Israel terrorist organizations’ capacity to carry responded to this clear act of war with peace and security on their southern out further violence. The blockade is nec- appropriate force, seeking the return of border, as required by Security Council essary to prevent further arms, military sup- its soldier and an end to rocket attacks Resolution 1559 from September 2004. plies, and terrorists from entering Lebanon coming from the Gaza Strip. The vio- Hamas, meanwhile, called and being used against Israel. It is widely lence continued, though, with Gaza- Hezbollah’s actions ‘‘a heroic oper- known that Hezbollah has long been funded based terrorists firing a rocket into a ation.’’ Despite what many inter- and aided by both Syria and Iran, and that assistance would continue during the vio- high school in the city of Ashkelon. national observers thought might hap- pen, Hamas is not acting like a respon- lence if Israel were not to impose the block- Many of Hamas’ top leaders have ad- ade. vocated the kidnapping of Israeli sol- sible government. Instead, they are The United States has stood behind Israel diers, including the Palestinian For- sticking to their roots as a terrorist or- and supported them as a democratic ally in eign Minister, who said in March that ganization, encouraging the sort of at- a troubled region. It is disappointing to see Hamas should kidnap Israeli soldiers tacks that flared up in the recent vio- that the EU does not seem to understand the and exchange them for jailed Pales- lence. need for Israel to defend itself against ter- rorist attacks. tinian terrorists. Mr. Speaker, the international com- munity needs to stand behind the State I strongly urge you to reconsider your Of course, attacks on Israel from the comments and instead issue a statement in Gaza Strip were just the beginning. of Israel and support it as they defend support of Israel’s right to defend itself. Last week, Hezbollah terrorists at- themselves against terrorist attacks. I Sincerely, tacked Israeli soldiers in northern understand that tomorrow we are FRANK PALLONE, Jr. Israel, killing eight and kidnapping going to consider a resolution on the Member of Congress. two. They also began firing rockets on House floor that would express support f northern Israeli towns, including for Israel and condemn the attacks by The SPEAKER pro tempore. Under a Haifa, the third-largest city in the Hamas and Hezbollah, and I urge my previous order of the House, the gen- country. colleagues in the strongest possible tleman from North Carolina (Mr. Israel again responded to this act of terms to vote for this resolution. JONES) is recognized for 5 minutes. For the sake of the Israeli people and war by seeking to defend themselves. (Mr. JONES of North Carolina ad- all residents of the region, I hope the They entered Lebanon in an attempt dressed the House. His remarks will ap- current violence ends soon. But we both to rescue the kidnapped soldiers pear hereafter in the Extensions of Re- must recognize Israel’s right to defend and prevent Hezbollah terrorists from marks.) itself and do what it must to end ter- committing further acts against Israel. f rorist attacks against their soldiers They also blockaded the country to and their people. RAISING AWARENESS OF AND prevent Iran and Syria from sending Mr. Speaker, I include for the FUNDING FOR RADIO AL MAHABA further supplies, arms, and terrorists RECORD the letter referred to earlier. The SPEAKER pro tempore. Under a into Lebanon to support Hezbollah’s CONGRESS OF THE UNITED STATES, previous order of the House, the gentle- actions. HOUSE OF REPRESENTATIVES, woman from New York (Mrs. MCCAR- This weekend, however, with increas- Washington, DC, July 14, 2006. THY) is recognized for 5 minutes. ing attacks from Hezbollah, Israel offi- Prime Minister MATTI VANHANEN, Mrs. MCCARTHY. Mr. Speaker, to- cials are now warning civilians as far President in Office, Council of the European morrow the House will take up H. Res. south as Tel Aviv to be on alert for Union, 1000 Brussels, Belgium. 784, a resolution I introduced that hon- rocket attacks. There is also word that DEAR PRIME MINISTER VANHANEN: I am ors Radio Al Mahaba, an Iraqi radio Iranian Revolutionary Guard soldiers writing to express my strong disapproval of comments made by the European Union (EU) station that offers the Middle East’s are in southern Lebanon, helping to and individual member nations in reaction only programming for women. The sta- train Hezbollah and equip them with to Israel’s response to terrorist attacks tion began broadcasting on April 1, new, longer-range missiles and rockets, against them. 2005, as an educational tool for the As you know, on June 25 members of the so they can threaten more Israeli citi- women of Iraq. zens. Hamas terrorist group attacked an Israeli military post in southern Israel, killing two Historically, Iraqi women were ex- Unfortunately, Mr. Speaker, world tremely well educated, but the edu- leaders have not solidly backed Israel’s Israeli soldiers and kidnapping another, Cpl. Galid Shalit. In response, Israel took actions cational oppression brought on by Sad- right to self-defense. While the Bush to try to rescue Shalit, end attacks against dam Hussein led to the illiteracy rate administration expressed support for its citizens, and hold the Palestinian Author- for women rising to 75 percent. Israel’s actions, support for our ally in ity responsible. It is well-known that top Saddam’s regime drove women back to the Middle East has not come from all Hamas leaders, including Ahmed Jaabari and confinement and the extremists re- corners. In fact, last week the Euro- Jamal Abu Samhadna, helped plan the at- stricted them with harsh rules and pean Union criticized Israel’s response tack on the Israeli post. Later, on July 12, members of the Leba- practices, mostly imported from Iran as ‘‘disproportionate.’’ I would like to and Saudi Arabia. know what the EU would think if one nese-based Hezbollah terrorist group at- tacked northern Israel, killing eight soldiers After Saddam was ousted, the women of their member nations were attacked and kidnapping two others. These actions of Iraq needed some way to reach out by terrorists and the U.S. referred to came despite the fact that UN Security to all women nationwide, to talk to their response as ‘‘disproportionate.’’ Council Resolution 425 requires Lebanon to them directly and provide help. The EU has also condemned Israel for reestablish its authority in the southern por- Bushra Jamil, an Iraqi who was liv- its air and sea blockade of Lebanon. tion of the country and to work towards ing in Canada, saw this as an oppor- That blockade is necessary, however, international peace and security along its tunity to empower the women of Iraq because we know that otherwise Iran border with Israel. In response, Israel has as it transitioned to a democracy. and Syria would continue to funnel imposed an air and sea blockade on Lebanon Bushra returned home and created and sought to reduce Hezbollah’s ability to more and more weapons and personnel attack Haifa and other Israeli population Radio Al Mahaba. into southern Lebanon. centers. Once the station began broadcasting, Mr. Speaker, on Friday I wrote to the Despite the fact that Israel has exercised the response from Iraqi women was as- current EU president to express my past restraint and is now acting in clear self- tonishing. Radio Al Mahaba programs

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.045 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5250 CONGRESSIONAL RECORD — HOUSE July 17, 2006 included news, call-in talk shows, cov- Mr. Speaker, I recently had a chance Allegiance. Now, no judge has found ering various legal, health and edu- to talk to President Bush about this the Pledge of Allegiance unconstitu- cational topics, as well as music pro- station and he was very enthusiastic tional. Quite the opposite, they have grams. The station became so popular about the role it will play in democ- found that the use of the words ‘‘under that they were broadcasting 16 hours a racy in Iraq. It is my hope that the pas- God’’ is diminimus in the Pledge and day in three languages: Arabic, Kurd- sage of tomorrow’s resolution honoring have upheld its use. ish and English. the radio station will raise awareness But the Republicans, they do not While we take radio shows that cater and find funding for the station so they even want judges to hear those cases to women for granted, this was a revo- can continue their message of hope to any more and reject those claims any lutionary concept in the Middle East. the women of the Middle East. more, because they think that this Women who had been oppressed for f might provide entertainment value or years were finally able to hear their The SPEAKER pro tempore. Under a excite some strange people in the Re- side of the story. And Radio Al Mahaba previous order of the House, the gen- publican base. So we will spend a day provided a forum for women to make tleman from North Carolina (Mr. on court stripping instead of dealing sure that their voices were heard. MCHENRY) is recognized for 5 minutes. with high-energy prices. The station received 100 calls a day (Mr. MCHENRY addressed the House. Then we are going to take up two from women asking questions, giving His remarks will appear hereafter in phony bills on a serious issue, stem cell advice and voicing their opinions of the Exensions of Remarks.) research, could have tremendous bene- how to rebuild their country. The radio fits for the American people. The Presi- f station had found an audience, and dent is opposed to stem cells, the Re- they were financially in good shape as A PARODY OF CONGRESS publicans are opposed to stem cell re- well from new sponsorships. The SPEAKER pro tempore. Under a search. The United States is falling be- But last October, Radio Al Mahaba previous order of the House, the gen- hind the whole rest of the world. fell silent. The terrorist attack on the tleman from Oregon (Mr. DEFAZIO) is Americans will have to go overseas Palestinian Hotel in Baghdad de- recognized for 5 minutes. to get procedures that have been devel- stroyed their transmitter. And while Mr. DEFAZIO. Mr. Speaker, some- oped by stem cell research that could the radio station was not the target of thing odd has happened. There are a lot cure Parkinson’s or other debilitating this attack, many leaders in Iraq were of odd things that happen around here, diseases, because the Republican right not all that upset that these women’s but the Republican Web site, the one wing does not want research on using voices were silenced once again. that they use for scheduling the week- stem cells, but the American public But the women of Radio Al Mahaba ly activities of Congress, has been does want that research. were resilient. They found another hacked by writers for the John Stewart So we are going to take up two fake transmitter, but it wasn’t as powerful Show, and they don’t seem to mind. So bills, two pretend bills. We are going to as the one they lost during the ter- we are going to be a parody of Congress ban a practice that is not happening rorist attack. The new transmitter this week instead of a real Congress called fetal farming, and everybody could only reach about one-third of this week, despite the fact that we are will probably vote for that, and then their listening audience. And less lis- borrowing $1.4 billion a day to run the we are going to authorize them to do teners meant less sponsorship revenue government, we are running a $2 billion what they can already on the Presi- for the station. a day trade deficit, average families dent’s lame program that is not work- Unfortunately, the rented trans- haven’t seen their wages go up in 5 ing and is having America fall behind mitter died about a month ago, and years, and we are raining tax cuts on on stem cell research. So you see, we they are in desperate need of funds to the wealthy. are really for stem cell research. get back on the air. Once they receive There are a few real things that we Well, not really, because the lines this funding, they plan to expand lis- could deal with that the American peo- they are using are all corrupted and it tening audiences to include all of Iraq ple are concerned about. Maybe high is not going anywhere. And then the and its neighbors. They also plan on gas prices. No, those things are not on real bill, the real compromise bill that broadcasting in Persian to reach the the agenda. We have the faux agenda passed the House, it passed the United women of Iran, who have been op- for Congress, which is designed purely States House of Representatives, is pressed for nearly 30 years. for either entertainment purposes or going to probably pass the Senate this If democracy in Iraq is going to suc- for political purposes. week. It will go to the President and he ceed, women will have to play a role, a Well, what are we doing? We are tak- will veto it. vital role, in making sure that it goes ing up an amendment to ban the threat So in order to give them political forward. The radio station can be the of gay marriage. Now, let’s see. The cover or to provide entertainment place for women in Iraq and through- Senate didn’t pass it. value, they will vote on two fake stem out the Middle East to learn about the cell bills, and then vote to support the issues that will affect their lives. It al- b 1945 President in vetoing the real stem cell lows them place to be heard without That means it is not going forward. bill that could provide tremendous ad- often violent consequences for the first But, nonetheless, the House is going to vances in research for the American time in their lives. use valuable time to vote on banning people. The right to educate yourself and to the threat of gay marriage even though So this is a sort of play Congress be heard are cornerstones of our de- we know that the constitutional week. Maybe it was not the Stewart mocracy, and these characteristics amendment cannot move forward be- writers, maybe it was Colbert who was should be carried over to the new Iraq. cause the Senate has already dis- going through interviewing Members of At this point in Iraq’s history, the approved this venture. Congress, and he might have gotten station is in the midst of a battle. But But it is good for the ratings, enter- some of the data there. not just a military battle, but also in tainment value. The John Stewart But in any case, instead of dealing the battle for Iraqi women’s rights writers thought it would be fun to with very real problems that are con- against fundamentalists. bring that up in the House. So we are fronting Americans, instead of dealing The station’s 28 full-time and part- going to bring it up. Then we are going with world crises, instead of dealing time staff risk their lives every day to to do another thing here called ‘‘court with high energy prices, growing debt, make sure that the voices are heard. stripping.’’ We are going to say there stagnant wages, you know, access to Despite this terrible risk, they are all are only two and a half branches of better education for our kids, health very dedicated because, in one of the Congress, or maybe one and a half, the care, high-cost pharmaceuticals, ade- staffer’s words, ‘‘they want to reach President and half a Congress, and the quately funding veterans benefits, no, out and touch people’s lives. They want judiciary only if they are pets of the none of that is on the schedule this to give hope and knowledge, empower- President and the Congress. week. ment support and the passage of free- That is, no judge will be allowed to This week we do not have time for dom to Iraqi women.’’ hear a case challenging the Pledge of those things because we are playing

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.047 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5251 Congress taking up bills that are not fact, the latest figures, compiled by the counts and our budget accounts in going anywhere, or that are pretend U.S. Census Bureau, indicate that in order. bills that will go somewhere to cover the month of May, the last month for Certainly the President ought to sub- up the fact that they are killing the which we have final figures, our goods mit a balanced budget. Certainly this real bill that would do something use- and services deficit went up another Congress ought to pass one. That has ful and also that, you know, we are $63.8 billion in 1 month. In 1 month. not happened during the Bush adminis- taking up constitutional amendments That means, if you look at these tration. that are not going to pass. Hooray for monthly figures of our trade deficit, [From the Telegraph (UK), July 14, 2006] the Republican majority. more imports coming in here than ex- US ‘COULD BE GOING BANKRUPT’ f ports going out, in January of this (By Edmund Conway, Economics Editor) The SPEAKER pro tempore (Mr. year, they surpassed the debt, the The United States is heading for bank- BOUSTANY). Under a previous order of trade debt from last year, in February, ruptcy, according to an extraordinary paper the House, the gentleman from Indiana in March, in April, and then in May. published by one of the key members of the country’s central bank. (Mr. BURTON) is recognized for 5 min- May was worse than April. Without question, this year will go down as one A ballooning budget deficit and a pensions utes. and welfare timebomb could send the eco- (Mr. BURTON of Indiana addressed in which the United States will have amassed the largest trade deficit in nomic superpower into insolvency, according the House. His remarks will appear to research by Professor Laurence Kotlikoff hereafter in the Extensions of Re- history. for the Federal Reserve Bank of St. Louis, a marks.) We are literally in uncharted waters, leading constituent of the U.S. Federal Re- because when these goods are pur- serve. f chased in our country, those dollars Prof. Kotlikoff said that, by some meas- The SPEAKER pro tempore. Under a that are then forked over for those ures, the U.S. is already bankrupt. ‘‘To para- previous order of the House, the gen- goods go somewhere else. Go some- phrase the Oxford English Dictionary, is the tleman from California (Mr. GEORGE where else. And then those countries, United States at the end of its resources, ex- MILLER) is recognized for 5 minutes. take China, for example, or Korea, any hausted, stripped bare, destitute, bereft, wanting in property, or wrecked in con- (Mr. GEORGE MILLER of California of the nations with whom, or Japan addressed the House. His remarks will sequence of failure to pay its creditors,’’ he with whom we have huge trade deficits, asked. appear hereafter in the Extensions of have those dollars to spend. We do not According to his central analysis, ‘‘the Remarks.) have them to spend. They do. U.S. government is, indeed, bankrupt, inso- f So they are literally taking our far as it will be unable to pay its creditors, earned assets, and they are trading who, in this context, are current and future IS THE UNITED STATES generations to whom it has explicitly or im- BANKRUPT? them internationally. In fact, the State of Indiana just did something in- plicitly promised future net payments of var- ious kinds’’. The SPEAKER pro tempore. Under a credible. They made a decision to lease previous order of the House, the gentle- The budget deficit in the U.S. is not mas- out the Indiana Turnpike to foreign in- sive. The Bush administration this week cut woman from Ohio (Ms. KAPTUR) is rec- terests. This is unbelievable. its forecasts for the fiscal shortfall this year ognized for 5 minutes. This is unbelievable. So the poor by almost a third, saying it will come in at Ms. KAPTUR. Mr. Speaker, there are State of Indiana, the taxpayers of that 2.3pc of gross domestic product. This is plenty of signs that the United States State that had paid off the bonds on smaller than most European countries—in- economy is not working well. One of the turnpike over 30 years ago are now cluding the UK—which have deficits north of the signs is our national debt. The lat- in hock to Spanish and Australian in- 3pc of GDP. Prof. Kotlikoff, who teaches at Boston Uni- est figures show we are somewhere ever vestors for the next 99 years. Unbeliev- $8 trillion in the hole, and every day versity, says: ‘‘The proper way to consider a able. country’s solvency is to examine the lifetime the hole gets deeper. You would think It is like a fire sale. Chicago Skyway fiscal burdens facing current and future gen- someone here in Washington would pay did the same thing. Leasing out a pub- erations. If these burdens exceed the re- attention. lic asset to foreign interests. And then sources of those generations, get close to Back in the year of 2000, as a result we not only owe them the annual inter- doing so, or simply get so high as to preclude of major decisions made during the est payments; but our children and our their full collection, the country’s policy 1990s by the Congress, by then Presi- grandchildren, you can just see the will be unsustainable and can constitute or dent Clinton, we were able to balance pieces of America being taken away be- lead to national bankruptcy. the annual budget and were actually ‘‘Does the United States fit this bill? No cause we are not paying our own way. one knows for sure, but there are strong rea- paying down this enormous debt, the There was an article in a London sons to believe the United States may be accumulated debt of the country. paper, the Telegraph, the headline of going broke.’’ So things do not look too good there, which is, ‘‘U.S. could be going bank- Experts have calculated that the country’s and the United States has to cover rupt.’’ And it is really talking about at long-term ‘‘fiscal gap’’ between all future those borrowings by borrowing from what point do you officially declare government spending and all future receipts foreign interests. We know nearly half bankruptcy. And it says, the United will widen immensely as the Baby Boomer of U.S. debt securities are now pur- States is heading for bankruptcy, and generation retires, and as the amount the state will have to spend on healthcare and chased by foreign interests, and the research by Professor Laurence pensions soars. The total fiscal gap could be United States is in hock, having to pay Kotlikoff for the Federal Reserve Bank an almost incomprehensible $65.9 trillion, ac- every year hundreds of billions of dol- of St. Louis said the United States is cording to a study by Professors Gokhale lars in interest, interest to those for- indeed bankrupt insofar as it will be and Smetters. eign holders of our debt, interest we unable to pay its creditors, who in this The figure is massive because President could be spending here at home; dollars context are current and future genera- George W. Bush has made major tax cuts in we could be spending here inside the tions to whom it has explicitly or im- recent years, and because the bill for Medi- borders of the United States, rather plicitly promised future net payments care, which provides health insurance for the elderly, and Medicaid, which does likewise than to those who are loaning us the of various kinds. for the poor, will increase greatly due to de- money. Certainly pension benefits, certainly mographics. Another sign of our predicament is health care benefits, all of those endan- Prof. Kotlikoff said: ‘‘This figure is more this, that is, the monthly and annual gered because the Nation is in hock. than five times U.S. GDP and almost twice trade deficits of our country, where We owe others. What is interesting the size of national wealth. One way to wrap more imports are coming into our Na- about that Indiana turnpike deal is one’s head around $65.9 trillion is to ask tion, more and more and more every that the tolls have been doubled now. what fiscal adjustments are needed to elimi- month, every day, every year, than we So the foreign interests to which the nate this red hole. The answers are terri- fying. One solution is an immediate and per- export out. Indiana turnpike was leased out have manent doubling of personal and corporate It is not that we are not exporting now doubled the costs on the U.S. con- income taxes. Another is an immediate and things. We are. But we are importing sumer. We do not have control of our permanent two-thirds cut in Social Security vastly more than we are exporting. In own future until we get the trade ac- and Medicare benefits. A third alternative,

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.050 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5252 CONGRESSIONAL RECORD — HOUSE July 17, 2006 were it feasible, would be to immediately and 80 percent of the State is currently The temperature in our State capital and permanently cut all federal discre- experiencing some drought today. Let of Pierre on Saturday was 117 degrees, tionary spending by 143pc.’’ me share some statistics with you. The an all-time record temperature. The The scenario has serious implications for ranching communities of Kadoka and Climate Prediction Center’s most re- the dollar. If investors lose confidence in the U.S.’s future, and suspect the country may Newell both experienced their second cent drought outlook predicts that the at some point allow inflation to erode away driest June on record. For the months current drought will not only continue; its debts, they may reduce their holdings of of April and June combined, the com- it will worsen in the Dakotas and may U.S. Treasury bonds. munities of Timber Lake, Kennebec, expand across eastern Montana, Min- Prof. Kotlikoff said: ‘‘The United States and Faulkton experienced the driest nesota, and parts of Iowa. has experienced high rates of inflation in the conditions ever for those communities. Unfortunately, compared to other past and appears to be running the same type And we have records going back more of fiscal policies that engendered natural disasters, drought suffers from hyperinflations in 20 countries over the past than 100 years. some real public relations disadvan- century.’’ The first 6 months of this year were tages. First, they do not get memo- Paul Ashworth, of Capital Economics, was the driest ever for Timber Lake. That rable names to personify them like more sanguine about the coming retirement community received 3.61 inches of pre- hurricanes. They creep in slowly and of the Baby Boomer generation. ‘‘For a start, cipitation for the entire 6-month pe- quietly, and they don’t destroy build- the expected deterioration in the Federal riod, a mere 35 percent of average. It ings or sweep away trees; they do not budget owes more to rising per capita spend- also set an all time record temperature ing on health care than to changing demo- inundate cities. on Saturday of 112 degrees. In other words, they simply do not graphics,’’ he said. Also last Saturday, it was 116 degrees ‘‘This can be contained if the political will make for good video on the evening in Mobridge, South Dakota, a regional is there. Similarly, the expected increase in news. But the damage they wreak is trade center, larger than the other social security spending can be controlled by just as real as any other natural dis- towns I have mentioned. Mobridge, lo- reducing the growth rate of benefits. Expect- aster. Droughts devastate family farms cated near the North Dakota border ing a fix now is probably asking too much of and ranches, small businesses and local short-sighted politicians who have no incen- along the Missouri River, it is a re- economies. Families and communities tives to do so. But a fix, or at least a succes- gional trade center, larger than the suffer the same kind of economic and sion of patches, will come when the problem other towns that I mentioned. It had emotional toll from droughts that are becomes more pressing.’’ the driest 6 months ever recorded in caused by other natural disasters. f that community, only 2.23 inches of The SPEAKER pro tempore. Under a precipitation over an entire half year. The stress for families worsens as the previous order of the House, the gen- This is less than 25 percent of their cattle herd is sold and nonfarm or tleman from Indiana (Mr. SOUDER) is average rainfall. This is farm and ranch employment is sought if any can recognized for 5 minutes. ranch country and the effects have be found in smaller rural communities. (Mr. SOUDER addressed the House. been devastating. Agricultural condi- His remarks will appear hereafter in tions are very dire and deteriorating. I b 2000 the Extensions of Remarks.) have heard reports of ranchers com- Sometimes, such severe droughts pletely liquidating their cattle herds as f even weaken the intrinsic optimism of feed and water disappear. There is in- The SPEAKER pro tempore. Under a the people who live and work and raise sufficient grass to get the entire herd previous order of the House, the gen- families in rural America. That is what through the summer; there is no hay to tleman from Illinois (Mr. EMANUEL) is is beginning to happen in central South get these animals through the fall and recognized for 5 minutes. Dakota today. Conditions there are (Mr. EMANUEL addressed the House. winter. Wheat fields have burned up truly devastating, and it is becoming His remarks will appear hereafter in and hopes for a decent corn and soy- increasingly clear that Congress must the Extensions of Remarks.) bean harvest are fading fast. do something to address this situation. f The record high temperatures of last week have come at the time that the Many other areas of the country are DROUGHT ISSUES IN SOUTH corn is tasseling, a critical time for the similarly affected and they deserve our DAKOTA crop. A farmer can lose up to 8 percent attention and our assistance, just as The SPEAKER pro tempore. Under a of yield a day under conditions of such much as do victims of hurricanes or previous order of the House, the gentle- severe stress. Conditions on the after- floods or earthquakes or any other nat- woman from South Dakota (Ms. noon of July 15 on the family farm of ural event that devastates economies HERSETH) is recognized for 5 minutes. one of the leaders of the South Dakota and lives. Ms. HERSETH. Mr. Speaker, I rise Corn Growers Association was 112 de- Mr. Speaker, I appreciate this oppor- today to call to my colleagues’ atten- grees in the shade, only 20 percent hu- tunity to bring this situation to my tion a dire and worsening situation de- midity, accompanied by 42 mile-an- colleagues’ attention, and I look for- veloping in South Dakota and in sev- hour winds. This in the center part of ward to working together to address eral other States across the Great the State as well, but a bit more south this important matter. Plains. South Dakota is currently ex- and east. periencing a severe, if not historic, Despite burn bans in many counties f drought; and it is getting worse. in the State, wild fires are becoming an The SPEAKER pro tempore (Mr. Almost every week we are breaking increasing problem as well. As just one BOUSTANY). Under a previous order of records for lack of rainfall and high example, on July 5, a prairie fire began the House, the gentleman from Florida temperatures in communities across near Wakpala, South Dakota, and it (Mr. WELDON) is recognized for 5 min- the State. Keep in mind that South Da- burned across 600 acres of grassland in utes. kota was one of the hardest-hit regions 25 minutes. (Mr. WELDON of Florida addressed of the country during the Dust Bowl of The water level in Lake Oahe, the the House. His remarks will appear the 1930s. We have seen droughts be- largest of South Dakota’s four Mis- hereafter in the Extensions of Re- fore, and this one may ultimately rank souri River reservoirs, continues to marks.) among the worst. drop and is now only about 4 feet above I have beside me the most recent the record low set 2 years ago. Unfortu- Drought Monitor map released last nately, the precipitation outlook is not f Thursday. As you can see, a significant good. According to Weather Service The SPEAKER pro tempore. Under a portion of central South Dakota indi- computer models and projections, there previous order of the House, the gen- cated here on the map is considered in is no relief in sight. Any new rainfall is tleman from Nebraska (Mr. OSBORNE) is an exceptional drought, the most se- expected to be light and isolated, and recognized for 5 minutes. vere category the Monitor recognizes. temperatures are expected to be much (Mr. OSBORNE addressed the House. A considerably larger portion of the warmer than average in the coming His remarks will appear hereafter in State is experiencing extreme drought, weeks. the Extensions of Remarks.)

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.021 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5253 10TH ANNIVERSARY OF THE we know how to prevent similar disas- true. Today, the Taliban are mounting CRASH OF TWA FLIGHT 800 ters. We have the technology to protect a major comeback in Afghanistan. Iran The SPEAKER pro tempore. Under a against another tragedy like the one is on the verge of producing a nuclear previous order of the House, the gen- witnessed 10 years ago, but to date we weapon. Somalia is dominated by an al tleman from New York (Mr. BISHOP) is still don’t have the mandate for Qaeda-inspired militia, and the recognized for 5 minutes. change. Hezbollah has attacked Israel. In re- Mr. BISHOP of New York. Mr. Speak- Last year, I introduced H.R. 4174, the turn, Israel has attacked Lebanon. er, today is the 10th anniversary of the Transport Aircraft Fuel Tank Safety Here at home, our Nation is at risk. tragic crash of TWA Flight 800, which Act, which requires the FAA to retrofit As fundamental recommendations of took the lives of 230 men and women all planes with new technology and to the 9/11 Commission remain unfulfilled, off the coast of Long Island, near my increase safety. In addition, I have re- those who still support the Iraq war congressional district. It is important cently petitioned the Transportation often claim it has made this Nation a that we keep alive the memory of those and Infrastructure Committee to hold safer place, that it has kept away the who perished over the Atlantic just hearings on the safety of fuel tanks on terrorists and stopped another 9/11 moments after departing for home or airplanes and get to the bottom of why tragedy. on a school trip or to visit loved ones, we don’t upgrade all planes with the Unfortunately, such wishful thinking and we must do all that we can to safe- necessary technology. is only an effort to justify the horren- guard the flying public against future I am hopeful that my colleagues here dous human suffering that we have disasters. in the Congress will work with me to caused by this misguided mission, an Just as importantly, the brave fami- bring an end to this delay. With the effort to justify a war that was never lies of those who lost their loved ones completion of the Flight 800 monu- properly planned and executed, a war during the Flight 800 disaster deserve ment, we have taken significant steps that has wounded thousands and cost our recognition, as do the emergency towards maintaining the memory of the lives of 2,547 American soldiers. personnel, volunteers and neighbors Flight 800, but we should also ensure The human toll of this war is still who selflessly worked for days on end that we don’t have another Flight 800. climbing, and throughout the world in the recovery efforts. I would like to offer my deepest con- terrorism is on the rise. This adminis- Like other challenging times our Na- dolences to the surviving families and tration talks a lot about national secu- tion has faced, the reaction to the friends of the victims of Flight 800, and rity, but without doing anything about Flight 800 catastrophe brought out the to commend them on the grace and dig- it. best not only in my constituents, but nity with which they handled unspeak- Those in Congress know the war in in so many others in the surrounding able pain. Iraq has made America a more vulner- towns, States and across the Nation able Nation. Congress is appropriating f millions and millions of dollars on who joined in mourning the loss of so The SPEAKER pro tempore. Under a many lives and helped a community re- homeland security projects. The U.S. previous order of the House, the gen- Capitol complex is saturated with secu- cover from its most horrific tragedy. tleman from Maryland (Mr. GILCHREST) Throughout and despite their grief, rity, and certainly no one in this body is recognized for 5 minutes. behaves as if the war in Iraq has made the families of the victims worked tire- (Mr. GILCHREST addressed the lessly to build a permanent memorial our Nation safe from terrorism. House. His remarks will appear here- In fact, the Iraq war has only in- with the help of Navy Seabees and after in the Extensions of Remarks.) thousands of dedicated local and build- spired terrorism. Democracy is not ing trade union members. Today this f flourishing in the Middle East, and the solemn monument serves as a constant The SPEAKER pro tempore. Under a costs of the Iraq war and our global reminder of our tremendous loss one previous order of the House, the gentle- antiterrorist operations will top $500 decade ago. woman from Texas (Ms. JACKSON-LEE) billion next year. The memory of the passengers of is recognized for 5 minutes. It is time to bring our troops home Flight 800 lives on because of the con- (Ms. JACKSON-LEE of Texas ad- and to devote our resources to pro- tinued work of people who will always dressed the House. Her remarks will tecting the American people. remember what happened. I have vis- appear hereafter in the Extensions of f Remarks.) ited the site of the Flight 800 Memorial SUPPORT ISRAEL IN THE WAR ON many times. The recent completion of f TERRORISM the monument offers some measure of TAKE IMMEDIATE ACTION TO The SPEAKER pro tempore (Mr. closure to everyone who was affected WITHDRAW OUR TROOPS FROM REICHERT). Under a previous order of by this terrible tragedy. IRAQ In the 10 years since Flight 800, hun- the House, the gentleman from New dreds of thousands have visited the The SPEAKER pro tempore. Under a York (Mr. ENGEL) is recognized for 5 park in an acknowledgment of a shared previous order of the House, the gen- minutes. Mr. ENGEL. Mr. Speaker, today I sorrow for those who died. The monu- tleman from Missouri (Mr. CLAY) is was proud to be one of the speakers ment ensures that future generations recognized for 5 minutes. outside the United Nations in New can do the same. Mr. CLAY. Mr. Speaker, I rise to ad- As we recognize the 10th anniversary dress the House for 5 minutes. York at a huge rally in support of of the Flight 800 disaster, it is impor- Mr. Speaker, as a member of the Out Israel. It was attended by tens of thou- tant that we take stock of our progress of Iraq Caucus, I urge this administra- sands of people and showed strong sup- in preventing air disasters over the last tion to take immediate action on a port for the people of Israel as they decade. plan to withdraw our troops from Iraq. struggle against terrorism. I would We have made some great strides in The American people were misled into hope that later on this week there will aviation safety, particularly, for exam- this war, and they want the leaders of be a resolution on the House floor to ple, with design upgrades for planes this Nation to take responsibility and once again show Congress’ bipartisan and an ongoing effort to mitigate fuel end this war now. support for Israel. tank flammability, the cause of the I was among those who opposed the Mr. Speaker, Israel’s fight against Flight 800 crash. tragic decision to launch this war. I terrorism is our fight. The war on ter- But what haven’t we done? Regret- warned that the invasion and occupa- rorism is our war. It is everybody’s tably, we have not addressed the under- tion of Iraq would plunge us into a war. We need to support Israel in this lying cause of the Flight 800 explosion. bloody quagmire of violence that would time of struggle. It makes no dif- The FAA has delayed taking on this only intensify the instability in the ference whether terrorists drop bombs challenge for years, and we still do not Middle East and leave our own Nation on Haifa or send planes into the World have a final FAA directive that will less secure and less able to protect our Trade Center or blow up innocent com- protect every air traveler. national interest. muters on their way to work in India The cause of the Flight 800 catas- The sad truth is that all the or London or Madrid, or blow up people trophe was determined years ago, and grimmest predictions have now come in hotels in Bali and other places.

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.060 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5254 CONGRESSIONAL RECORD — HOUSE July 17, 2006 Terrorism is terrorism, and those of implement all of the sanctions on the The Middle East, we believe, is in- us who think that terrorism is only act. Now is the time. Now we have to creasingly becoming economically in- over there are certainly kidding them- show Syria and other countries that tegrated with the West, and if we want selves. Terrorism is everywhere, and support terrorists that we are resolved to fight the root causes of terrorism, the only way to stomp out terrorism is to defeat terrorism. we should be encouraging that. It is to show a resolve and to get the job I was very happy when the United critical that now, more than ever, we done by defeating terrorists. That is States vetoed the one-sided resolution encourage this integration to promote precisely what Israel is trying to do. at the United Nations, once again con- closer ties, democracy and social liber- Let us remember who started this demning Israel, once again discrediting alization through a process of eco- war. Israel pulled out of Lebanon 6 the United Nations. The United States nomic interaction and close coopera- years ago, so there is no pretext of any needs to be steadfast in support, and tion. occupation. There is no pretext of any- this Congress needs to do so as well. In recent years, America’s dialogue thing other than the fact that terror- So in conclusion, let me say I look in the Middle East has been deepened ists would like to destroy democratic forward to a resolution later on in this by the addition of bilateral and, ulti- societies such as Israel, and Israel re- week. The United States needs to stand mately, strongly bipartisan free trade mains the only democracy in the Mid- by its friend, Israel, and Israel needs to agreements, first with Israel, then with dle East. stand by its friend, the United States, Jordan, then with Morocco and, most These terrorists want to destroy the and all peace-loving and democratic recently, with Bahrain. democratic way of life, not only in nations in the world ought to stand The U.S.-Oman FTA, slated for a Israel, but in America and all other de- shoulder to shoulder firmly against vote in the House Chamber this Thurs- mocracies of the world. That is why terrorism. Because if terrorism is not day, largely builds off of the successful Israel’s fight is the fight of all decent contained in one area of the world, it model that was set by the U.S.-Bahrain nations, including the United States of surely will come to every other area of FTA, further supporting openness and America. the world. stronger ties between the U.S. and the These terrorists want to destroy life. f Middle East and the Maghreb regions. Israel is standing up to them and say- THE U.S.-OMAN FREE TRADE Over the past year, Oman has clearly ing enough is enough. We should let AGREEMENT demonstrated a powerful commitment Israel finish the job. to this agreement and closer relations The SPEAKER pro tempore. Under Israel wants to knock out the ter- with the West, both in terms of its po- the Speaker’s announced policy of Jan- rorist group Hezbollah for good, so litical will and institutional resources, uary 4, 2005, the gentleman from Penn- they can never return to south Leb- making significant strides in improv- sylvania (Mr. ENGLISH) is recognized anon and threaten Israel’s commu- ing its labor practices and opening its for 60 minutes as the designee of the nities from the south of Lebanon on markets and being accountable for in- majority leader. tellectual property issues and cracking the northern border with Israel. We Mr. ENGLISH of Pennsylvania. Mr. should let them do that because the Speaker, tonight we rise at a time down on intellectual property viola- status quo is not acceptable. We have when people all over the world are tions. In numerous communications with already heard words from the watching the Middle East, are watch- our U.S. trade Representative, Omani naysayers telling Israel to use re- ing the bombs that have lit up both leaders have promised to take a num- straint. Israel and Lebanon, are watching the ber of concrete steps by October 31, Mr. Speaker, I don’t believe that we troop movements and are hoping ear- 2006, to build on the strong labor re- can use restraint, or that Israel can use nestly for peace. restraint, or that any country can use forms already implemented, and in my restraint towards terrorists that are b 2015 view, as a member of the Trade Sub- out to kill them and us. We should let Certainly the support of Israel is committee who has closely followed Israel finish the job. going to be loudly and consistently ar- this process, Oman has come further Let us remember how this started. ticulated in this Chamber this week, than virtually any other country we The terrorists came down from Leb- but we also have an opportunity to do have ever engaged in this manner in anon, raided Israel, went on Israeli ter- something substantive, to improve our dealing with core labor issues. Their ritory, killed Israeli soldiers, captured engagement with the Middle East in commitment shows Oman’s determina- a couple of them, took them across the the coming week. tion to address all concerns, while re- border. That is how it started. This week, we have an opportunity to specting the rule of law and its legisla- Imagine if this had happened to us, if vote on a substantive agreement which tive processes. someone came from the Mexican bor- will bring one of the nations of the In addition, all of these commit- der or the Canadian border, attacked Middle East closer to the United ments are fully verifiable because U.S. soldiers on U.S. soil, killed some States, promote economic opportunity Oman has agreed to have all of them of them and then took them back over and integration in the region, and lay reviewed under the FTA’s labor con- the border. the groundwork, in my view, for closer sultation mechanism. The U.S.-Oman Mr. Speaker, we would be just as out- ties between the United States and Free Trade Agreement provides one of raged, and we would have every right some of our key partners in the Middle the highest degrees of market access of to go after those terrorists. That is East and one in particular. any U.S. free trade agreement to date what Israel is going to do. With that in mind, Mr. Speaker, I and accounts for a substantial market Hezbollah is a terrorist organization. rise tonight as cochairman of the Mid- access across Oman’s entire services re- It is fighting a proxy war for Iran and dle East Economic Partnership Caucus, gime. Syria. Iran and Syria lurk behind this. and I expect to be joined by a couple of This agreement will make 100 percent Iran and Syria are the biggest sup- my other cochairmen, to talk tonight of U.S. imports and exports and con- porters of terrorism. about the benefits of the U.S.-Oman sumer and industrial goods duty free A couple of years ago, this Congress Free Trade Agreement, which we ex- on the day the agreement enters into passed and the President signed the pect to be voted on in the House this force. It also provides duty free treat- Syria Accountability and Lebanese week. ment to 87 percent of our agricultural Sovereignty Restoration Act. I wrote At a time when there is great insta- exports from day one. In terms of being that act. I was the lead sponsor of that bility in the Middle East, at a time accountable for intellectual property act, along with my good friend, Con- when we are concerned on how the Mid- rights violations, Oman has agreed to gresswoman ILEANA ROS-LEHTINEN. dle East affects our homeland security, criminal standards for copyright in- That act slapped sanctions on Syria for at a time when we want to do some- fringement and stronger remedies and the first time in history. thing positive to create economic op- penalties. It will increase criminal and President Bush has only imple- portunities in a region where the lack civil protection against unlawful en- mented some of the sanctions in that of them has spawned terrorism, this is coding of satellite TV signals and crim- act, and I call on the President to now a small, but important, opportunity. inalize end-use piracy, providing strong

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.064 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5255 deterrence against piracy and counter- and transmission equipment and serv- Oman occupies a strategic position feiting. ices, telecommunications equipment on the Strait of Hormuz at the en- This is just a small sample of some of and services, franchising, and U.S. trance to the Persian Gulf. Following the benefits of the U.S.-Oman FTA, and poultry and beef. In each of these the Iranian revolution and the Soviet this agreement is far more important areas, we potentially will get a leg up invasion of Afghanistan, Oman was the than the small market that Oman on our foreign competition. very first of the gulf states to for- would suggest. At the same time, Mr. Speaker, the malize defense ties with the U.S. Oman We recognize that Oman is a small FTA will encourage greater political has been a party with the U.S. to a place. It is probably the equivalent, in and economic reforms. It is worth re- military cooperation agreement since terms of purchasing power com- membering that in 1997 Omani laws 1980, which was recently renewed in parability, of entering into a free trade were enacted guaranteeing Omani 2000. May I say, Mr. Speaker, when I agreement with our own North Dakota, women equal rights in both education joined a delegation that went to Oman but it is extremely significant because and employment. Women have the just a year ago, I was very impressed it is a part of a much larger Middle right to vote and run for office in con- by the commitment of Sultan Qaboos, East puzzle. It is part of a region that sultation council elections, which are as he articulated it to us, to continue we expect, in coming years, to build held every 4 years. and to strengthen this relationship. much closer ties with, and the Oman In 1992, in an attempt to balance It is worth noting that the Oman- agreement, as it has been laid out and growth on its non-oil sector with con- U.S. Facilities Access Agreement has as their government has agreed to em- cern for its natural resources, Oman provided crucial support to the protec- brace, is a very strong model for going developed a national conservation tion of Kuwaiti tankers in 1987. In 1988, forward with future agreements in this strategy, which was subsequently ap- during the Persian Gulf crisis, Oman region. proved by the Council of Ministers and assisted the U.N. coalition effort. Mili- The U.S.-Oman FTA is, after all, a spells out the need and procedures for tary bases in Oman were used in 2001 by comprehensive and high-standard incorporating environmental consider- U.S. coalition forces involved in ground agreement. High standards are pro- ations in the development plans. raids against both the Taliban and Af- vided for including comprehensive pro- In 1994, Oman became a member of ghanistan and against Osama bin tection for intellectual property rights, the International Labor Organization, Laden. government procurement trans- the ILO, and has satisfied various The U.S.-Oman FTA, in other words, parency, and trade facilitation. Devel- labor-related accession requirements in my view at least, is a key building oping a high-quality FTA with Oman for membership to the WTO. block toward building a broader set of In 2003, it is worth noting the govern- will establish a high standard for all of economic relationships in the Middle ment adopted its first comprehensive the other Gulf Cooperation Council East that can encourage economic Members and set a very high standard labor law that allows workers the right of association and to pursue labor dis- growth. It is consistent with the 9/11 for them to meet. Commission’s observation and rec- Consequentially, the FTA represents putes in court. That law abolished the 1973 prohibition on the right to strike. ommendation, and here I quote: ‘‘that a significant benefit to U.S. trade that the U.S. Government has announced extends well beyond those benefits that This is a radical move in a part of the Arab world where labor rights is in- the goal of working toward a Middle currently exist in Oman. The FTA es- East trade area. A comprehensive U.S. tablishes a secure, predictable, legal creasingly an important movement. The U.S.-Oman FTA advances mod- strategy to counterterrorism should in- framework for U.S. investors in Oman ernization programs, implemented by clude economic policies that encourage and includes high-standard legal pro- Sultan Qaboos. In accordance with its development, more open societies and tection for their model on U.S. legal accession to the WTO in 2000, Oman an- opportunities for people to improve the principles, such as substantive due nounced its intention to eliminate lives of their families and to enhance process and the ability to comment on mandatory shelf life standards for shelf prospects for their children’s future.’’ proposed laws and regulations. stable foods and to adopt internation- This important statement by the 9/11 Mr. Speaker, the FTA also creates ally recognized CODEC standards for Commission I think is consistent with and expands opportunities for U.S. the labeling of prepackaged foods. moving forward this week to approve goods and services. This FTA will Additionally, as part of its WTO ac- this Oman FTA. broaden and strengthen the bilateral, cession, Oman has adopted derogations b 2030 commercial relationship between the to the Gulf Cooperation Council patent United States and Oman beyond the law to comply with its obligations Mr. Speaker, in assessing the impact approximately $748 million generated under the TRIPS agreement, and has of the Oman FTA, I have done a lot of in two-way trade during 2004. One hun- committed itself to begin negotiations research and I have tried to, I think, dred percent of this bilateral trade in to join the WTO agreement on govern- come up with an honest assessment of consumer and industrial products will ment procurement. how this free trade agreement will af- become duty free under this agree- In 2004, Oman removed its temporary fect our balance of trade. ment. ban on imports of U.S. poultry and As the Speaker well knows, I have The U.S.-Oman FTA will build upon poultry products, moving ahead of spoken here many times about my con- the trade and investment framework some of our other trading partners. cern about our large trade imbalance, agreement signed between our two We need to recognize, Mr. Speaker, about the fact that we are running a countries on July 7, 2004, and will spur this agreement also provides support record trade deficit, and I am happy to continued growth of U.S. direct invest- for an important strategic ally in the say that my research suggests that the ment which in 2003 was $358 million, a war on terrorism. This, I think, is as U.S.-Oman FTA will be a move in the substantial increase over the previous strong a reason to support this agree- right direction, if adopted. This FTA year. In addition, the FTA will in- ment as any. builds upon a well-established and re- crease the competitiveness of U.S. ex- The United States has maintained re- ceptive market for U.S. goods and serv- porters and service providers in the lations with the sultanate since the ices. Omani market, providing for an in- early years of American independence, In 2005, U.S. exports were $593,000,000, creased market share for U.S. manufac- and that friendship has grown over up significantly from 2004. And again, I turers and service providers. In 2004, time. Oman supported the 1979 Camp would note that 100 percent of bilateral U.S. goods exports were $330 million, David Accords and was one of three trade in consumer and industrial prod- up 2.3 percent from 2003. Arab League states that did not break ucts will become duty-free effective Oman, in my view, is a likely market relations with Egypt after signing the immediately on passage of this agree- for U.S. oil and gas equipment and Egyptian-Israeli Peace Treaty in 1979. ment, creating a substantial market in services, transportation equipment, In April of 1994, Oman hosted the ple- that part of the Middle East for our ex- water and environmental technology, nary meeting of the Water Working ports beyond what we have already. medical equipment, electrical and me- Group of the peace process, the first Additionally, this FTA benefits key chanical equipment, power generation gulf state to do so. U.S. export and service sectors such as

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.065 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5256 CONGRESSIONAL RECORD — HOUSE July 17, 2006 the banking, securities, audio visual, transportation equipment, and meas- United States of America, a country in express delivery, telecommunications, uring instruments. The FTA will also the Middle East such as Oman, em- computer and related services, dis- likely increase opportunities for U.S. braces the rule of law, embraces en- tribution, health care, insurance, con- providers of services through improved forceable contracts, individual rights. struction, architecture and engineering market access and greater regulatory Let me just go through a few of the sectors. transparency. For example, the FTA things that Oman has agreed to as a This agreement, as I have noted be- will liberalize provisions affecting consequence and as a part of this free fore, also contains tough intellectual trade in insurance services as well as trade agreement. property rights provisions to enforce banking and securities services such as Political reforms. Oman has enacted strict antipiracy and counterfeiting asset management services. reforms to increase public participa- laws. While we continue to call for an So I think the point here, Mr. Speak- tion in government, extending voting ambitious outcome of the negotiations er, is that this is a great opportunity rights for its consultive council to all of the WTO-Doha Development Round, for us, not a great threat, but is also an citizens over the age of 21, and appoint- we also recognize that it is important opportunity, I think, for closer eco- ing women to key positions in its gov- that we go forward with bilateral nomic engagements in the Middle East. ernment, including the first female agreements such as the Oman agree- With that, I would like to yield to Ambassador from an Arab country ap- ment. the gentleman from Wisconsin, Mr. pointed to serve in the United States. The passage of this FTA would send a RYAN, who is cochairman of our cau- Oman is a leader in women’s rights. strong signal to the world that the U.S. cus, for such time as he may consume. Oman is a leader in suffrage so that is going to continue to be a leader on Mr. RYAN of Wisconsin. I thank the women are treated more equally in the trade policy, and that we were com- gentleman for yielding. I just want to Arab gulf. mitted to opening a very important ad- congratulate the gentleman for all his Economic reforms. Oman has enacted ditional beachhead in the Middle East. leadership on this issue. And I too want broad economic reforms to open itself I think that when I talk to people in to come to the floor of the House of to trade and investment and provide northwestern Pennsylvania, an area Representatives to talk about how im- opportunities to its citizens. In fact, where we export a lot of manufactured portant this Oman trade agreement the economic freedom of the world 2005 goods, people want to know if this or really is and how it fits in the whole ranks Oman 17 of 127 countries ana- any other new FTA has the potential scheme of things with respect to our lyzed in terms of economic freedom. to create future trade imbalances. I strategy for the Middle East. They are the second highest ranking think it is particularly instructive that Now, a lot of people are paying atten- among all countries in the proposed the U.S. International Trade Commis- tion to the Middle East. We watched Middle East free trade area. sion has done a study of the Oman over the weekend all of the awful Labor reforms. This is where a lot of FTA, and I would like to read from a things that are happening in Israel and progress has been made. Oman has uni- part of the executive summary. southern Lebanon, and we realize that laterally, across all labor laws, through The finding of the ITC was as follows: if we are to win the war on terror, we decrees and commitments, upgraded The U.S.-Oman FTA will likely have a have to look at a short-term strategy their labor standards for their workers, small but positive impact on the U.S. and a long-term strategy. And when I for their employees, for their citizens economy. The benefits will likely be think about the things we want to ac- to at least the ILO core standards. This moderated by the relatively small size complish with the Middle East and is the strongest labor agreement, trade of Oman’s economy and Oman’s share with moderate Arab countries, democ- agreement, we have ever had with the of U.S. trade. Oman accounted for less racy. Democracy and freedom and indi- free trade agreements with the United than .5 percent of total U.S. goods vidual rights are the ultimate, the ulti- States. Mr. ENGLISH of Pennsylvania. Will trade in 2004. The trade and welfare ef- mate weapon against terrorism. When the gentleman yield for a moment on fects of tariff elimination on trade and a young person grows up into a closed that point? goods will likely be negligible, reflect- society with no opportunity to reach Mr. RYAN of Wisconsin. I would be ing not only the small volume of trade his or her destiny or his aspirations or happy to yield. between the United States and Oman, dreams, they are going to be more sus- Mr. ENGLISH of Pennsylvania. Be- but also the low tariffs on current bi- ceptible to the likes of al Qaeda. They cause the gentleman really was, on the lateral trade. Tariff liberalization are going to be more susceptible to floor, our leading not only advocate for under the FTA will likely have little joining into some kind of a perverted but expert on the Bahrain FTA, com- effect on the U.S. economy, industry ideology that can convince a young paring this free trade agreement and and consumers because U.S. imports of man or a young woman to strap on a the commitment the government has most goods from Oman already enter suicide belt and go into a pizza parlor made on top of it at a time certain, to duty-free or at low duty rates. Tariff and blow themselves up. But people the agreement made by Bahrain, how liberalization will likely have a greater growing up in free societies, in democ- does this compare in strength? effect on U.S. imports of apparel from racies, are people who have a chance to Mr. RYAN of Wisconsin. This exceeds Oman, albeit from a small and dimin- reach their aspirations, to channel the Bahrain agreement because, like ished 2005 base. As such, the expected their energies to better themselves and Bahrain, Oman agreed not only to the increase in U.S. apparel imports from their families. By growing up in a free core ILO, International Labor Organi- Oman will be small in absolute value society, that is how we can ultimately zation standards and worker rights, but and quantity terms. In addition, the re- make sure that our children aren’t with the Bahrain agreement, Bahrain sulting increased annual levels of U.S. fighting the war on terror that we are simply agreed to introduce legislation apparel imports from Oman will likely fighting, aren’t confronting the kind of to their Parliament and then try to remain below the 2004 level of U.S. ap- awful terrorism we are confronting. pass the legislation, upgrading their parel imports from Oman. Most of the Why does anything that I just said labor standards. expected growth in U.S. apparel im- have anything to do with the Oman Oman went beyond that. Oman ports from Oman will likely displace trade agreement? Well, here, Mr. agreed to decree, to put these into law. U.S. apparel imports from other coun- Speaker, is what it has to do with the So not only, with Bahrain we got the tries rather than domestic production. Oman trade agreement. With these promise to propose legislation; in Continuing, the FTA will likely in- trade agreements, we don’t get just Oman we got the law. We got the crease export opportunities for U.S. lower tariffs for corn and soybeans and changes. Changes are taking place firms when Oman immediately re- cars and plastics; with these trade right now as we speak. Some changes moves its uniform tariff of 5 percent ad agreements, we get good government. took place last week. All of the labor valorem on U.S. goods and as it phases With these trade agreements, we get standard increases will take place by out its other tariffs on U.S. goods. The these countries who voluntarily change October 30 of this year. So the fact is 5 percent tariff applied to 91 percent of their rules and their laws to be more with Oman, because of the negotiations U.S. exports to Oman in 2004. These ex- free and open to their own people. By of the free trade agreement, we are ris- ports consist mostly of machinery, engaging in a trade agreement with the ing the tide of worker rights. We are

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.067 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5257 rising the quality and openness of this penalties for antiunion discrimination, make tractors, Case Construction society. We are looking at an ally who to end the government involvement in Equipment in Racine, Wisconsin. We has been a tremendous ally in the war union activity and to do things like sell cheese. We grow corn and soy- on terror. They have ended their Israeli strengthen efforts against child labor beans, General Motors cars. We want boycotts. They have opened up and are that have been such a blight in that re- our people to go to these countries and opening up trade with Israel. They are gion. understand them, know them, sell giving women unprecedented rights Oman, at a stroke, is taking a real them their products and have people- relative to other Arab countries. And leadership role in moving forward in to-people interaction. And if we have all of this is being done because of this area that is going to set this up as people-to-people interaction through trade agreements. a modernizing government and as a trade, through business agreements, We didn’t send a division of soldiers modernizing society that really is through business arrangements, then to Oman. We didn’t parachute the 82nd going to be a good example in the re- we have better understanding of one Airborne into Oman. We didn’t fire a gion. And I wonder if the gentleman another. And better understanding of bullet. We didn’t put a boot on the agrees with me that this breakthrough one another, better friendships will ground. We engaged in trade negotia- by Oman is something not only impor- bridge the gaps between cultures. That tions and trade agreements, and this tant for us to sustain in terms of our will help us fundamentally understand democratization, this openness, this economic opportunities, but also, I what is going on in the Middle East, free economic model, is being embraced think, fulfills part of our role as a lib- and it will help them understand us. by the Omanis because of these trade eralizing force in the world and setting My biggest fear is that people in the agreements. the right sort of example in the Middle Arab world, they call it the infamous So what we are accomplishing here is East. ‘‘Arab Street,’’ that they will look at the single most important aspect of al Jazeera or VH1 or some distorted b 2045 our war on terror, the single most im- lens of what Americans stand for, of portant aspect of making sure that our Mr. RYAN of Wisconsin. I will. And if who Americans are, of what American children are safe from a world of terror the gentleman will yield, I just want to culture is, and that is how they will when they reach our age group, when read a quote from the 9/11 Commission frame their opinions. That is not what they come of age; and that is, making report which talked about these FTAs, I want them to think America is all the Middle East more free, more demo- and the 9/11 Commission which re- about. What I hope people in the Arab cratic, more open, so that young people vealed what should America do to win world think America is all about is by growing up in these countries will have the war on terrorism to make Ameri- meeting an American, is by meeting opportunities to pursue their dreams, cans safer again. They said a ‘‘com- somebody from America who can en- to pursue their aspirations, to deter- prehensive U.S. strategy should include gage in an agreement of mutual eco- mine the direction of their own lives. economic policies that encourage de- nomic behavior, who can engage in That, in a nutshell is why these velopment, more open societies and op- trade, who can sell corn and soybeans agreements are so important in the portunities for people to improve the and things like that. Middle East. That is why this par- lives of their families and enhance the That is how we help bridge this gap, ticular agreement with Oman is so im- prospects of their children.’’ That is bring understanding of each other, and portant to pass because of all of the why we should engage in these FTAs, work together to fighting the war on wonderful things they are doing to help these free trade agreements in the Mid- terror. By bringing moderate Muslim their own countrymen, to open up their dle East. countries in allegiance with us and society, to liberalize their economy, to This new breakthrough from Oman growing our alliances and growing our give people individual rights in their on all these higher labor standards strategic allies, we will help defeat the economy so they can reach those that they are raising is precedent set- terrorists. The minority of Islamic fun- dreams, all with an agreement that is ting. It does encourage its neighbors damentalists in this part of the world in our best interest economically. just like Bahrain is now engaging in. It that seek to do them and us harm, we It is good for our jobs. We will sell encourages their neighbors to increase can work together and defeat that. And more of American-made equipment. We not only their standards of labor for what the best consequence of it at the will sell more American-made agricul- their citizens but to increase their citi- end of the day is people become more tural products. We will get more jobs zens’ access to prosperity, access to op- prosperous. There are more jobs cre- out of the deal, and they will get closer portunity, access to bettering their ated at both sides of the ocean, both to a much more open society. That, Mr. lives for themselves. That is what is sides of the equation. Speaker, is what I call a win-win situa- accomplished by seeing this dialogue That is why I think this is such an tion. That is why I think it is so impor- take place. That is what is accom- important trade agreement, and that is tant that we take all of these wonder- plished when we as Americans engage why this is an important part of our ful reforms that they have enacted and in mutual economic agreements like continuing efforts to increase ties and pass the rest of these into law by im- this. economic engagement with countries plementing this Oman Free Trade The thing that also impresses me in the Middle East. And this is, of all Agreement, because it is good for with the Oman Free Trade Agreement, things, one of the most successful for- Omanis, it is good for Americans, and just like we had with Bahrain and Mo- eign-policy tools we have at our dis- it is, most importantly, good for keep- rocco and others, is our governments posal, and it is a sign of respect. It ing democracy alive in the Middle are getting to know each other much shows these countries, Oman in par- East, keeping freedom alive, and keep- better. Because we are involved in a ticular, that we respect them. We re- ing terrorism at bay. global war on terrorism, it inevitably spect their people. We respect their Mr. ENGLISH of Pennsylvania. Will involves a strong level of dialogue be- leaders. We respect the reforms that the gentleman yield again? tween the United States Government they are implementing to give their Mr. RYAN of Wisconsin. I would be and the United States Congress and the people more freedom. That is a sign of happy to. governments and the leaders of those respect, and I think with respect you Mr. ENGLISH of Pennsylvania. On countries. But what we are lacking is get better understanding, better allies, that point, I think it is important that human-to-human interaction, people- and better strategic alliances, and that the listeners and our colleagues under- to-people interaction, understanding of is all to the good. stand some of the labor standards that the American people, of the citizens of I just want to thank the gentleman are being implemented here. We are Oman, the citizens of Bahrain, the citi- from Pennsylvania for having this hour talking about a commitment by Oman zens of Middle Eastern countries. to discuss this. We will be voting on to strengthen collective bargaining That is what trade accomplishes. this in a couple of days, and this is yet laws, to protect the right to strike, to Trade brings people together. Trade again a very, very important piece of ensure the reinstatement of wrongly brings people into engaging in mutu- our foreign policy and our economic dismissed workers, to allow multiple ally beneficial endeavors, the people of policy to create more jobs here and to union federations, to ensure adequate America, farmers, manufacturers. We make us more safe. And I just want to

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.068 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5258 CONGRESSIONAL RECORD — HOUSE July 17, 2006 thank the gentleman for having this I yield to the gentlewoman from Con- So in the big picture, our children, discussion tonight. necticut (Mrs. JOHNSON) on this point. our grandchildren cannot do well un- Mr. ENGLISH of Pennsylvania. Mr. Mrs. JOHNSON of Connecticut. Mr. less we lay the foundation by opening Speaker, I want to thank the gen- Speaker, I thank the gentleman from markets for American products all tleman for coming forward and so viv- Pennsylvania for yielding. across the world. So our economic well- idly presenting on the floor a positive And I am delighted to be here on the being depends on free trade agree- vision of how we can engage the Middle floor with two of my colleagues who ments. Those free trade agreements, East, how we can help them create op- have been tremendous advocates of this and the gentlemen here on the floor portunities, and how we can offer a free trade agreement and of the con- with me tonight have been strong ad- positive agenda for fighting cept of free trade, the principle of free vocates of fair trade agreements, these Islamofascism by getting at its root trade internationally and in our coun- free trade agreements address labor causes, by creating economic opportu- try. standards, environmental standards. nities for young Arab men, by creating I want to make two general points. I We are the only Nation in the whole economic opportunities for these com- am sorry that I wasn’t able to be here world that pushes those issues in the munities at a time when, in lieu of earlier, and I do not want to repeat negotiation of trade agreements with those opportunities, increasingly they what my colleagues have said. But other countries, and we are reaching turn to a dark vision of the world. there are two important overall points new standards as we move forward and I think tonight, as the skies are lit that I want to make that, even if you gain more experience. up in Lebanon and over Israel, it is im- have made them, are worth thinking Now we do not just require labor portant for us to be able to offer a dif- again about. standards. We help nations build insti- ferent approach for engaging those First is why free trade is important. tutions to enforce those standards. So countries and for ultimately bringing Retirees simply do not, by definition, we look at do you have a department of them into the economic mainstream. I buy enough consumer goods to drive an labor. We look at does the department thank the gentleman for his extraor- economy our size. We are accustomed of labor have sufficient staff to enforce dinary remarks. to a standard of living that is, frankly, the law. We look at do the regulations Mr. RYAN of Wisconsin. If the gen- the highest in the world. Our children take seriously the responsibility of en- tleman will yield further. expect to grow up and participate as forcement. And we literally help na- Mr. ENGLISH of Pennsylvania. I will adults in an economy that is thriving, tions not only understand how labor yield, and I believe we have another in well-paying jobs that can provide standards help them deliver the bene- speaker as well. them with a standard of living that my fits of world trading to all in their soci- Mr. RYAN of Wisconsin. I think it is generation has enjoyed. Yet as the ety, but we help them understand that important to note the bipartisan na- number of retirees explodes and the just having the standards to support ture of these agreements in the past. number of young people in the work- all their people is not enough. We had the best vote count of this ses- force contracts, our own Nation cannot You do have to be able to enforce sion of Congress on a trade agreement provide the demand for goods that can those standards. You do have to be able in the last Bahraini Free Trade Agree- produce the overall gross national to take action against the exploitive ment. We passed with large bipartisan product that will assure the standard employer. So these trade agreements votes the Moroccan Free Trade Agree- of living we are accustomed to. So fu- are good for our kids. They are good for ment. We passed with great bipartisan ture generations are going to be more peoples of the world. votes the Jordanian Free Trade Agree- dependent on trade than we have been, And that brings me to my second ment. The Oman Free Trade Agree- and we must open markets for their major point. Our security depends on ment already passed with a very large goods. agreements like that we have nego- bipartisan vote in the other body, the The American population will not be tiated with Oman. The 9/11 Commission Senate. report cited our Middle Eastern free We, hopefully, will continue to pass able to buy the amount of stuff that would drive an economy that can trade agreements and call for action on these things with good bipartisan ‘‘a comprehensive U.S. strategy that agreements because in this sense it is produce the standard of living that we have enjoyed. So if we do not have con- should include economic policies that very important that as we go overseas encourage development, more open so- on an issue that is so important that sumers around the world, and, remem- ber, the great majority of consumers cieties, and opportunities for people to we speak with one voice, as Democrats improve the lives of their families and and as Republicans, that we make are outside the United States, if we do not cultivate them, if they do not open enhance the prospects of their chil- these bipartisan. And I am very pleased dren’s future.’’ In other words, the 9/11 with the fact that Congress has for their markets to our products, then we cannot sustain the level of economic report was saying if you do not address large measure treated these important the causes that are creating terrorism well-being, the standard of living to Middle East free trade agreements on a and the willingness to be terrorists in which we have been accustomed, and bipartisan basis. Our caucus includes other societies, you cannot solve the three Republican cochairmen and three we thereby disadvantage our children. This small agreement with one small problem. Democrat cochairmen. So I do believe And I want to just conclude by say- country will allow consumer and indus- that we will see support from the other ing how very impressed I was when trial goods to enter that country 100 side of the aisle. I do not know how big Ways and Means Committee members a percent duty free. One hundred percent it will be, but it is very important that little less than 2 years ago made a trip duty free. And agricultural products we speak with one voice, saying it is to the Middle Eastern nations that will enter 87 percent duty free and over not just the Republicans who want to were interested in trade agreements 10 years reach 100 percent duty free. do this, it is not just the Democrats. It and whose other trading agreements This is a small market, but we are is that the Americans want to engage were about to expire. in trade with the Middle East countries making these agreements with country we are talking about. We want to sup- after country after country. And most b 2100 port their efforts to modernize, their startling, our exports are growing most We knew that they would need to efforts to open, to liberalize their rapidly and the majority of our growth think about this in advance carefully. economies. And that to me is a very in export goods is with those countries We know that participating in trade important signal. that we have negotiated trade agree- agreements means other countries I see that we have been joined by the ments with. Now, that stands to reason have to modernize their law to meet gentlewoman from Connecticut. because if you sell your goods into a high international standards. We knew Mr. ENGLISH of Pennsylvania. Mr. country where there is no duty, they it would take time, and we wanted to Speaker, I am most grateful and de- are going to do better than if you sell be sure to alert these other countries lighted that a strong advocate of trade them into a country where there is a 20 to the challenges that lay ahead for and fair trade has joined us tonight to percent, 30 percent, 40 percent, 50 per- them in negotiating these free trade speak out on the Oman Free Trade cent duty that pushes that price right agreements and to the enormous bene- Agreement. up. fits that would accrue to their people

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.069 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5259 in not only the present but future gen- for passing this free trade agreement widgets and corn and dairy or what- erations. and ultimately recognizing the key ever. That is why this is an important I must say, I was extremely im- role of Oman in that region. trade agreement. pressed with the Sultan of Oman. He I would be happy to yield to the gen- I really encourage all of my col- understood exactly what this was going tleman from Wisconsin if he would like leagues, put the partisan blinders aside to mean to his people. He is one of the to make concluding remarks, and then for that day and vote with America, Middle East leaders who understands I would like to make a further con- vote for your kids, vote for good eco- that oil is a limited resource and he tribution, with the inspiration of the nomics and vote for freedom in the must prepare a broader base for eco- gentlelady from Connecticut. Middle East. nomic success for his people in his own Mr. RYAN of Wisconsin. I thank the Madam Speaker, with that, I would country, and he is doing some of the gentleman for yielding. I want to draw be happy to conclude and say thank work in the more advanced areas of de- off the inspiration I just received from you to the gentleman from Pennsyl- salinization, thinking about the impor- the gentlelady from Connecticut’s vania, Mr. ENGLISH, for all your leader- tance of water to his people and the de- comments. ship on this issue. Thank you for mand in the world economy, particu- As I listened to her give this excel- hosting this discussion tonight. I think larly in the Middle East, for potable lent overview of not only the benefits it has been very helpful. I just look for- water. of these trade agreements, but of this ward to making sure this actually oc- He is a very forward-looking man. He one in particular, of all the work that curs, I think on Thursday when we do is very committed to participation in the Omanis have gone through to bring this. the political process by women as well this up into shape, to increase their Mr. ENGLISH of Pennsylvania. as men. He has appointed successful worker rights, to increase their trans- Madam Speaker, I thank the gen- women to his top council. They do parency, to increase their participation tleman. things slightly differently because they in women’s rights, I just couldn’t help With that, I want to thank the gen- are coming from a different path, but but thinking, What if we don’t pass tleman again for his leadership on this he was very proud to have started this? What if we say no? What if we issue, his vision and his commitment worker committees. That was his ini- here in the House of Representatives to building closer ties between the tiative, because he knows workers have this week say, that is not good enough, United States and the Middle East re- to have a better voice. They have to be sorry, no, to the Omanis? gion. free to talk about the problems, to The Omanis are taking a risk in their The gentleman raised the very im- work with management, to work with neighborhood. They are choosing portant question of not only the sub- owners for everyone’s success. whether or not to go down the path of stance of the Oman agreement, but In this agreement, he has moved the Iranians and the Syrians and oth- also its symbolism, because I think light years ahead, looking at the labor ers like that, or to go down the path of there will clearly be consequences to laws of other countries, understanding openness, of freedom, to be an ally with not passing the Oman FTA, if that what it is going to take to provide the the U.S. in fighting the war on terror were to happen in the House. kind of support and protection that and giving people freedom. Oman, as the gentlelady noted, has working people need in order for the What if we say no to that? I just can- been a steadfast ally of the United benefits of trade to affect the lives, the not imagine the consequences of us States for over 170 years. Oman has quality of lives, the hopes and dreams, working with this ally of ours, getting been a hugely valuable partner on the the opportunities of all the people in them to agree to all of these enormous war on terror and has hosted U.S. sol- each society. amounts of reforms and concessions to diers and permitted the U.S. to use So when you look at not only the make this trade agreement work, and Oman as a critical launch site for ongo- way this agreement opens markets and then only to say no. That, in my opin- ing operations in Afghanistan. Oman what that means for our people, when ion, Madam Speaker, would be a trag- has embarked on what is clearly a you look at what this means for our se- edy. large-scale, if not unprecedented, re- curity as this great friend of ours, for It would be a tragic mistake to say form effort. over 170 years, and a leader in the re- to this country, this ally, these people In terms of labor rights, worker safe- gion in economic and governance re- whom we have the utmost amount of ty, women’s rights, Oman has shown forms, what they accomplish by mov- respect for, to say, sorry, partisan poli- tremendous commitment to improving ing forward into new thinking and new tics. It is an election year. Didn’t mean these standards for both Omani work- institutions to modernize their econ- to have you as collateral damage, but ers, as well as the large number of omy, all embodied in this trade agree- no. That to me would be an outright expat workers currently working in ment, you know it means not only tragedy if that happened. Oman. They have a large number of greater prosperity for his country and So I want to conclude on a high note, guest workers, and this is part of their for our country, it means greater peace and that high note is just as we helped initiative. for the world. lift the tide of freedom and economic Reforms in the area of labor have Free trade is about peace and pros- engagement and economic freedom in been commendable, even exceeding the perity. It must be fair trade. It must Morocco, in Israel, in Jordan, in Bah- level of commitment made by Bahrain help all take part in the benefits of the rain, so too do I think we will do this as they entered into FTA with us. Were trade agreement. in Oman this week. And all of that is the Oman FTA not to receive the sup- This is a remarkable agreement, and going to increase U.S. jobs. Yes, it is port of a wide majority of Congress, it I very much appreciate the two gentle- going to help us sell more products to would send tonight absolutely the men on the floor here, Mr. RYAN of the region. But, most importantly, it is wrong signal, not only to Oman, but to Wisconsin and Mr. ENGLISH of Pennsyl- going to help the people in these coun- the entire Middle East region at a very vania, for their diligent participation tries have a better life. It is going to sensitive moment. Passage of the FTA in all the consultative processes, be- help them be more free. And that is is not only in the commercial and po- cause Congress is a part of developing going to help make sure that my chil- litical interests of the United States, it these free trade agreements, that make dren, my kids, who are 4, 3, and 1 year is also necessary to support the re- these agreements possible. Your knowl- old, make sure that they live in a forms in Oman and to deliver an impor- edge and expertise is truly a great serv- peaceful America, that they don’t have tant shot in the arm to stability in the ice that you have given this country to fight the fight against terror that Middle East region. and that you have given our friend, we are right now engaged in. That is It is clear that despite turmoil with- Oman. what this means to me when I put my in the Middle East, Oman has risen to Mr. ENGLISH of Pennsylvania. card in the voting machine and vote on become a regional leader, improving its Madam Speaker, I would simply like to this agreement in a couple of days. labor standards, opening its markets thank the gentlelady for her extraor- That is why this is so dearly impor- and being accountable for intellectual dinary and insightful comments in cap- tant. That is why this is not just your property rights violations, among oth- sulizing the very powerful argument rank-and-file trade agreement for ers.

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.071 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5260 CONGRESSIONAL RECORD — HOUSE July 17, 2006 Furthermore, our pact with Oman so- it is so important to differentiate be- Iraq has increased the likelihood of lidifies the strong U.S.-Oman alliance tween the warriors and the war. So we terrorist attacks around the world. in the global war on terror. We listened salute those brave men and women who A recent poll that was commissioned tonight to the recommendation of the are in harm’s way, who are dealing by the BBC, and again, this was a poll 9/11 Commission, and also we have the with untenable situations they are con- that was taken in some 35 countries, March 2006 National Security Strategy fronted with in Iraq. found that 60 percent of the world be- specifically citing the need to advance I especially want to draw attention lieves that the threat of terrorism has trade and economic liberalization in again to a bill that we have before this increased some 60 percent, while only the Persian Gulf region as a key part of body that we are still seeking more sig- 12 percent believed that it has declined. a comprehensive U.S. strategy to bol- natures to, and requesting and asking And the nexus was the war in Iraq, ster security, to fight terrorism and to the Speaker and the majority leader to and the conduct of the war in Iraq. oppose Islama-fascism. However, Amer- bring it to the floor by unanimous con- They saw the war in Iraq as an impedi- ica’s influence in the region has to be sent. ment to the defeat of terrorism. And the experts agree. There was a survey measured by more than projected mili- b 2115 tary might. If we are going to help an- done of more than 100 individuals with chor the Middle East in the modern I do not believe that there is anyone extensive foreign policy experience and world, we clearly must reduce conflict in this body that does not understand national security backgrounds. in the region by promoting growth and the need for making sure that the Iraqi And what was particularly disturbing opportunity. government does not grant amnesty to is that among the experts, 84 percent As the gentleman from Wisconsin those who kidnap, kill, torture and said that the United States was not said tonight, the U.S.-Oman FTA is a maim American citizens and American winning the war on terrorism, and win-win policy that only builds upon troops. some 86 percent said that the world our country’s goal of strengthening And so I think it is so vitally impor- was becoming more, not less, dan- economic relations and increasing tant that this message be sent, espe- gerous in terms of terrorism because of trade, fair trade, with our partners in cially as the insurgency only intensi- our involvement in Iraq. the Middle East. By strengthening our fies in the region. Brookings Institute This is extremely frightening. And ties with the key strategic ally com- and others who have polled find that 47 let me put forth a premise to you, to mitted to trade liberalization and eco- percent of the people in Iraq believe my colleagues. I would suggest that it nomic reform, the U.S.-Oman FTA will that it is okay to kill Americans. It is is not unrelated that we see Hamas and demonstrate to other countries in the time that we send a clear message. Hezbollah asserting themselves today, region the benefits of free and open That is why we come to the floor on in the past several weeks, because rules-based trade and engagement with successive evenings to send a clear there is a growing awareness that the the United States. message to the American public about United States is bogged down in Iraq, I hope that come Thursday, my col- what is transpiring before our eyes. and that world opinion in terms of the leagues on a bipartisan basis, as the We pause, as I said earlier, both in role of the United States in Iraq is gentleman put it, will put aside their somber and peaceful resolution that highly negative. partisan blinders and consider sup- this conflict can be resolved speedily And what do we see in terms of the porting this trade pact when it reaches and we especially pray for those Ameri- new Iraqi government and its relation- the floor. A ‘‘yes’’ vote means yet an- cans who need to be evacuated from ship with Iran, a sponsor of Hezbollah other step on the long road to expand- harm’s way. and a sponsor of Hamas? We see ex- ing new economic opportunity for both Madam Speaker, I am joined this change of diplomats. We see a billion of our regions. evening by several of my colleagues dollar line of credit coming from Iran who have come to this floor on re- f to Iraq. We see a military corporation peated occasions to talk about a new agreement between Iran and Iraq. Iran, IRAQ WATCH direction that is needed in the Middle the sponsor of Hezbollah and Hamas. The SPEAKER pro tempore (Mrs. East, a new direction that needs to be That is what we see. That is what we SCHMIDT). Under the Speaker’s an- taken by this Congress, a new direction are seeing. nounced policy of January 4, 2005, the that needs to be taken by this Presi- And we are listening to the foreign gentleman from Connecticut (Mr. dent, so we provide an opportunity for minister, the foreign minister of Iraq LARSON) is recognized for 60 minutes as this great country of ours to once when asked about the United States the designee of the minority leader. again move us forward out of harm’s pressuring Iran to disclose where they Mr. LARSON of Connecticut. Madam way and into a peaceful resolution to are in the development of nuclear tech- Speaker, once again we come to the what has become consistently a quag- nology, to disclose whether any of floor this evening as part of Iraq mire known as Iraq. those efforts could be utilized to de- Watch. We do so this evening with both With that, I recognize the gentleman velop a nuclear bomb, a nuclear weap- heavy and somber hearts for every- from Massachusetts (Mr. DELAHUNT). on. thing that is going on as we currently Mr. DELAHUNT. Madam Speaker, I And the Iraqi foreign minister is say- speak in the Middle East. Our hearts thank my friend and colleague from ing, do not pressure the Iranians; ac- especially go out to our great ally Connecticut. It is good to be joined by cept their word. I mean, what is hap- Israel, as it wards off vicious attacks my other colleague from New York pening? Are the American people aware by Hezbollah. Once again, it only un- (Mr. BISHOP) and Chris Van Hollen of these particular events? And then of derscores the need for us in this body from Maryland. course at the same time, the forgotten to do the kind of oversight and review Madam Speaker, I would like to war, if you will, the country that har- and have the kind of dialogue and dis- speak for just a moment regarding bored al Qaeda, that was ruled by a cussion that has been absent on the what is happening in terms of the war radical Islamists sect called the floor of this House and in our respec- on terror. We should all be alarmed. We Taliban is on the verge of unraveling. tive committees. see the events of recent days unfolding The Afghan defense minister recently Madam Speaker, as we have on so in Lebanon, Israel, in Gaza. And it is made this statement: we need five many of these occasions, we begin this clear that terrorism is spreading. It is times the number of security forces to evening by once again honoring as well not declining. address the issue of a resurgent those brave men and women who wear I would submit that those events Taliban. Without them we are in real the uniform of our country. They serve were inevitable, the law of unintended danger of collapse. So everywhere we this Nation so valiantly. consequences, if you will, that many of look in terms of the Middle East, we Let me also acknowledge so many us predicted when the resolution that see danger and we see danger to Israel, veterans and individuals who have authorized the invasion of Iraq came to we see danger in the entire region. And played such a key role, especially those the floor. I dare say that in the Mid- we hear, ‘‘Stay the course.’’ from the Vietnam era, in under- east today there is an awareness on the Mr. LARSON of Connecticut. Madam standing and helping us recognize that part of world opinion that the war in Speaker, the gentleman makes a great

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.072 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5261 premise that he asks us to respond to. We see the Middle East in flames as thank my colleagues Mr. DELAHUNT But what I would like to do, if I could, we speak, and we recognize that we and Mr. BISHOP of New York for all of is respond by quoting from a column in have a long history that nothing good their leadership. the New York Times yesterday by happens in the conflict between Israel I would just like to pick up where Frank Rich, who said: ‘‘The Bush doc- and the Palestinian territories unless Mr. DELAHUNT and others left off with trine was a doctrine in name only, a the United States is intimately in- respect to the forgotten war in Afghan- sales strategy contrived to dress up the volved in being an honest broker to istan. I do think it is important, when single mission of regime change in Iraq bring about resolution of vexing and we look at the situation in the world with the philosophical grandiosity wor- difficult issues. today, and we look at the violence thy of FDR. There was never any seri- Let me share just a couple of statis- erupting in the Middle East, we do re- ous intention of militarily preempting tics that I think speak to just how far member what happened here in the either Iran or North Korea whose nu- off track we are in Iraq. The number of United States back on September 11, clear ambitions were as naked then as insurgents in 2003 was 5,000. Today that 2001, and the origins of that attack. they are now, or striking the countries number stands at 20,000. I am sure we As he reminds us, the attack on the that unlike Iraq were major enablers of all remember when the insurgency was United States, September 11, 2001, Islamic terrorism. ‘Axis of evil’ was described as a few dead-enders. came from al Qaeda, al Qaeda that was merely a classier brand name from the I am sure we all remember when the sheltered by the Taliban government in same sloganeering folks who gave us Secretary of Defense rather Afghanistan; and that the world was compassionate conservatism, and ‘a dismissively described what was hap- with us when we responded, fully and uniter not a divider.’’’ pening in Iraq by saying that ‘‘freedom forcefully, to those attacks of Sep- Madam Speaker, with that I would is messy.’’ tember, 2001. like to yield to my distinguished col- In fact, the United Nations unani- b 2130 mously passed a resolution supporting league from New York (Mr. BISHOP). Mr. BISHOP of New York. Madam We now have a situation where those us, our NATO allies universally sup- Speaker, I thank the gentleman from dead-enders, so to speak, have metasta- ported us. In fact, they enacted a char- Connecticut for yielding, and I thank sized into 20,000 insurgents. The aver- ter, part of a NATO charter saying an him also for his leadership in orga- age number of daily attacks has risen attack on one was an attack on all. Yet today we are seeing in Afghani- nizing these very important discus- in just 1 year from 53 to 75. This does stan there has been a resurgence of sions on the administration’s failed not sound like an insurgency that is in Taliban activity, and at a very time policy with respect to Iraq, and for its final throes, and yet that is what we when we are facing that resurgence, that matter the administration’s failed were told. the United States is not providing a policy with respect to the conduct of The number of civilian casualties re- commitment that we need to make our foreign affairs in general. sulting from sectarian violence has in- sure that we succeed against those who It is a subject that we discuss all too creased by 600 per month, now to a began and perpetrated the attacks of infrequently in this Chamber. Let me total of nearly 1,600 lost innocent lives per month. That is the equivalent of a September 11, 2001. just pick up on the point that Mr. Back then, instead of focusing on LARSON just made. It was 41⁄2 years ago 9/11 every 2 months in Iraq. Would any one of us stand for that if that were that battle against those who attacked that the President came into this us, we did divert our resources and our Chamber to deliver his State of the happening in this country? We cer- tainly would not. Yet the carnage con- energy in Iraq. Union Address for 2002. The President gave a number of rea- tinues, and sectarian violence has in- It was in that address that he first sons back then for the action we were creased dramatically over this period characterized North Korea and Iran taking. We remember well the twin pil- and Iraq as the Axis of Evil. And I of time. lars of the argument. He said, well, Financially, the burn rate has dou- think it is without argument, without they have got weapons of mass destruc- debate today, that all three of those bled from nearly $4 billion per month tion. Many of us said, let’s let the U.N. states present this country, our coun- to $8 billion per month over the past 2 inspectors have a little more time to try, with greater threats to our safety years, and I am sure we all remember see whether that is true or not true. and security than they did when they how dismissively the administration The President said, no more time, we were first characterized as the axis of handled the early estimates of the war. are going in. He also said there was col- evil, and that is because we have em- When Mr. Lindsey first said it would be laboration between al Qaeda and the barked on a failed strategy in Iraq that $100- to $200 billion that was dismissed regime of Saddam Hussein in Iraq. The has bogged us down, that is apparently out of hand, and we were told that it 9/11 Commission and many others have without end, without success, and yet would be no more than $50- or $60 bil- proven that that is not true either. prevents us, because of our preoccupa- lion for the war. We are now $300 bil- But it is important to remember that tion with Iraq and because of the troop lion and counting, as I say, with no end the President also advanced some other strength that has been needed in Iraq in sight. reasons for going to war in Iraq. One of and prevents us from dealing with the We all wish that we could believe the the arguments he made was by the threat that is now posed and was posed administration’s happy talk with re- United States going to Iraq. By invad- at the time by North Korea and the spect to stability taking hold, with re- ing Iraq, we would help build stability threat that was posed and is now posed spect to progress being made. But we in the Middle East, that we would pro- by Iran. are now 31⁄2 years into this tragic con- mote democracy in the Middle East, Let me also comment on something flict, and we are no closer to the goal that we would reduce the influence of that Mr. DELAHUNT from Massachu- of an Iraqi state that does not pose the hardliners in the area and increase setts said repeatedly, the war in Iraq threats to the safety and security of the influence of the moderates. has been characterized as the center- this Nation. In fact, just a few weeks before the piece of the war on terror. It is frankly Mr. LARSON of Connecticut. I want invasion of Iraq, in a speech before the not at all the centerpiece on the war on to thank the gentleman from New American Enterprise Institute, here is terror. It is a diversion from the war on York for his insightful comments, what the President had to say. I think terror. It is a diversion that does not many of which were echoed by Paul it is important to reflect on his words serve either the country well or serve Krugman in a New York Times article then as we look now at the terrible vio- our allies well. today called March of Folly. lence erupting in the Middle East. We have a foreign policy, it seems to With that I would like to yield to the He said then, and this was one of the me, that is rooted in ideology as op- gentleman from Maryland, Mr. VAN rationales he gave us for going to war posed to pragmatism, and we are learn- HOLLEN. in Iraq, success in Iraq could also begin ing the limits of applying that ideology Mr. VAN HOLLEN. I thank my col- a new stage for Middle Eastern peace as we deal unsuccessfully with the situ- league from Connecticut, and thank and set in motion progress for a truly ation in North Korea and the situation him for his leadership on this very im- democratic Palestinian state. The pass- in Iran. portant issue of national security, and ing of Saddam Hussein’s regime will

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.074 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5262 CONGRESSIONAL RECORD — HOUSE July 17, 2006 deprive terrorist networks of a wealthy trict, the question that more often means that we want leaders in the re- patron that pays for terrorist training than not is raised at every forum, gion to be elected by the people, then and offers rewards to families of sui- every community gathering, every we better make sure that the people cide bombers, and other regimes will be town hall meeting is, How is it that the who are electing them support our given a clear warning that support for United States could go from a position goals and support our objectives. terror will not be tolerated. That was a in the aftermath, the immediate after- Because if the people who are elect- word of his to Iran and others. math of September 11th, with having ing the leaders in Middle East coun- Without this outside support for ter- the entire world on our side, to the tries hate the United States and want rorism, Palestinians who are working point where we are today where so to bring harm to the United States, it for reform and long for democracy will many are opposed to our policies? is very difficult for someone running be in a better position to choose new What is it that took us down that for office there to say they support our leaders. perilous course? How could it be that efforts and support our policy. Well, in fact, what has happened in the former President, Bush the first, if You saw the election in the Pales- the Middle East, since the invasion of you will, and his advisers, were the tinian areas of Hamas and the extrem- Iraq is the opposite of what the Presi- most outspoken critics about going ists as opposed to the Palestinian Au- dent has said. into Iraq, warning this current admin- thority. The Palestinian Authority had We know now that when we invaded istration of its folly, of its danger? said, we want to work with the United Iraq, we took the lid off Pandora’s box, I can remember very distinctly being States, and we want to work with that we set in motion longstanding in Saudi Arabia with JACK MURTHA and Israel toward a peace process. But the grievances within different groups talking to our Ambassador there, and people, when they had a choice, for all within Iraq, the Sunnis, and Shiias and saying to him that, oh, it seems as sorts of reasons chose the more ex- the Kurds, and that outsiders exploited though you have a gathering storm tremist Hamas. the mess that was created in Iraq, and here in Saudi Arabia, in August of 2002. So the perceptions of the United al Qaeda, that had never operated out He said, gathering storm? He said, States and our policies overseas have a of Iraq, did become active in Iraq. Congressman, you are from New Eng- direct bearing on our own security here In fact, what happened was our inva- land, aren’t you? I assume you either at home. You cannot say you want to sion of Iraq strengthened the hands of read the book or saw the movie. He promote democracy in the Middle East, extremist groups throughout the re- says, we have over 35 percent unem- on the one hand, and say you don’t care gion. It made it more difficult for the ployment. We have a median income if they hate America, on the other more moderate Arab governments to that has dropped from 28,000 to under hand. support the United States, because peo- 7,000 per household. What we have here b 2145 ple in their countries saw that the is not a gathering storm, what we have United States had invaded Iraq, and here is a perfect storm. If they hate America, they are going they said there was no reason for this If we preemptively strike this tooth- to elect leaders who reflect the will of war of choice against Iraq. less tiger in Iraq, we will unwittingly the people, and that is bad for the The big winner, the big winner, of accomplish what Osama bin Laden United States, and yet our actions course, as Mr. DELAHUNT pointed out, failed to do. We will create a united Is- have fueled that kind of antagonism has been Iran. Iran has very success- lamic jihad across the Middle East and and hatred and actually made us less, fully exploited the chaos and the vacu- drive it into chaos. The voices of rea- not more, secure. um that has been created in Iraq as a son, the voices screaming out at the Mr. LARSON of Connecticut. Madam result of the mess there. They have time were Snowcroft, Eagleburger, Speaker, we have been joined by the gone into Iraq. They have many agents Baker, Kissinger, all warning against gentlewoman from California (Ms. WA- there, and they, as we know, are also this folly. TERS) who certainly has embodied from exploiting the feelings of others Yet as you point out, we persisted. the outset in opposition to this war the throughout the region, especially Mr. VAN HOLLEN. Well, I think that voice of reason as it relates to getting Hezbollah. They have provided missiles is absolutely right. You see this whole us out of Iraq. to Hezbollah, missiles that are now shift, overnight, in world opinion, Ms. WATERS. I thank very much being used to rain down on northern again from the world being on our side Representative LARSON. I would like to Israel. and willing to fight alongside us in the thank you for the leadership that you Iran, Iran, as a result, has become war on terror that had been precip- are providing in putting together these much more of a power in the region. itated by the attacks of Osama bin opportunities night after night on the Iran, one of the other countries the Laden and al Qaeda. That was one day. floor to illuminate what is going on in President named as the axis of evil, After the invasion of Iraq that turned Iraq. You are absolutely right. has, in fact, been strengthened by the out to be based on totally false prem- I am the Chair of the Out of Iraq Cau- President’s decision to go to war in ises, you saw the world turn against us. cus, and we have our 1-year anniver- Iraq. Some people here ask, Why does it sary as of this week. We organized be- You just need to read the comments matter whether people around the cause we understood very well that of other Arab leaders in the region, world like us or support our policies? something was very wrong with this from some of the more moderate Arab Why does it matter if people in the war. It was not a popular thing to do, countries who say today, they ask, this Middle East have a positive view of the but increasingly, Members began to is quoted in The New York Times, Who United States? Why does it matter if join. We do have 72 Members. We have is benefiting, asked a senior official of the Islamic world has a positive view of other Members who are recognizing, as one of the Arab countries, critical of the United States? they work in their districts across this Hezbollah. Definitely not the Arabs or Well, here is the problem. If you country, that the people of America the peace process, but definitely the don’t have the support of those coun- are sick and tired of this war. They be- Iranians are benefiting. tries, it is very difficult to get their co- lieve that the President of the United Arab leaders have long been con- operation in the war on terror. It is States has mismanaged this war, and cerned about Iran, and the great irony very difficult for them to say we are they want to bring our troops home. of our invasion of Iraq is it has greatly going to help you in the United States The violence that we are witnessing strengthened the hand of Iran and in this battle on terror. That is one on a daily basis in Iraq is absolutely greatly strengthened the hands of the problem. unconscionable. The violence is such extremists in the region who have been The other problem is, it is a total that not only are the Sunnis being at- fueled by the antagonism that is un- contradiction between our efforts to tacked by the Shiias, but innocent peo- leashed toward the United States and promote democracy in the region, on ple are being killed. Civilians are being the West by our actions there. the one hand, and to say we don’t care killed day in and day out, and to tell Mr. LARSON of Connecticut. The what the people in those countries you the truth, Mr. LARSON, and other gentleman makes an excellent point. think, on the other hand. Because if we Members here and Mr. DELAHUNT who Every time I travel back to my dis- want to promote democracy, which has worked on this issue so long and so

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.075 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5263 hard, I think it is easy for us to con- country without at least 150,000 more Ms. WATERS. Madam Speaker, if the clude at this point, no matter how dif- troops, five times what it has today, gentleman will yield, it was alluded to ficult it is, that we have destabilized and that in his opinion, and he clearly earlier that not only were we dis- Iraq with our occupation. represents the sentiment of the govern- tracted from doing the job in Afghani- When we went into Iraq supposedly ment, it is an opportunity for the stan and we have ended up in this mo- because they had weapons of mass de- United States to double the assistance rass in Iraq, it was reported, and I do struction and discovered that there given to Afghanistan. In other words, not have the documentation for it, that were none; when we decided to change we left Afghanistan before we finished Mr. Wolfowitz, Mr. CHENEY and some of our tune, that is, the President of the the job. the other war hawks had said, once we United States and talk about wanting What I find particularly interesting are in Iraq, we tie down; then on to to instill a democratic government, the is that we do not hear that from this Iran and on to Syria. Now, I do not American people said, okay, the Presi- administration, but the new head of know if that is true, if Iraq was to be dent of the United States must know NATO, the NATO force in Afghanistan, used as a staging ground to then move what he is talking about. a British general, David Richards, on to the attack in Iran and in Syria, So they have a new government. Sad- made this observation: Afghanistan’s but I think that the Iranians believe it, dam Hussein is behind bars. There are Taliban rebels have taken advantage of and I think the Syrians believe it. no weapons of mass destruction, and a power vacuum and grown stronger I watch what we are learning every you know what is going on? The civil because the world’s attention has been day about the fact that many of those war that this President and this ad- distracted by Iraq. missiles that are being launched from ministration is in denial about, but if How true. I agree with him. I agree Beirut are missiles that have been you read the papers today, you even with him. And if one looks around the manufactured in Syria, and we also have Sunnis that are saying, well, we landscape again, I am sure it has not know that the Iranians have their hand do not like the Americans, we do not been on the front page, but we all here in support of Hezbollah and what is like this occupation, but you know, we present in this Chamber today know going on. need them now to help us be protected what is happening in Somalia. Radical Now, this says an awful lot, and you against these attacks that are coming Islamist warlords have taken over So- guys alluded to it a bit earlier. Here we at us on a daily basis. malia. Winning the war on terror, you are, here we are tied down in the mid- So we recognize that the President of know, the rest of the world believes dle of a civil war in Iraq and having threatened with no more than talking the United States started this discus- that we are losing the war on terror. sion about the training of the Iraqi sol- Many of the gentlemen that were re- about the axis of evil but even beyond diers and how we were doing such a ferred to, Eagleburger, Lawrence Cobb, that, going into these neighboring good job, there was a turning point, and others that have served in Repub- countries, and now I think they are and they were going to be able to take lican administrations, agree that be- about to put us on the run, trying to over and to provide security for that cause of Iraq we are losing the war on distract us and have us react in dif- ferent parts of the Middle East. And of country. terror today and eroding our own na- course, we cannot do that with Kim Well, in the first place, we did not go tional security. there. The President of the United Mr. BISHOP of New York. Madam Jong Il looking over our back in North States did not tell the American people Speaker, if the gentleman would yield, Korea, launching missiles over into the we were going there, to be in the mid- I would just like to expand on a point Japan Sea. And we have got Tehran dle of a civil war, to protect one group that the gentlewoman from California who has told us that they would cer- tainly continue with their development from the other. Never said that. And made. She talked about the report in of nuclear capability. now that is the only reason we are today’s New York Times that Sunni So here we are, Afghanistan, we are there, because we have got to protect leadership is now asking American spending much of our soldiers’ time the Sunnis from the Shiias? I mean, troops to stay to deal with the sec- trying to protect Karzai who is sitting that is what our American soldiers are tarian violence, and it points out the in Kabul and not doing anything, and supposed to be doing. Our American folly, if you will, of what purports to be as you said, the Taliban and the war- soldiers who come from these towns our exit strategy. lords are really running it. and these hamlets do not know a Shiia I mean, the President has said re- We are getting overwhelmed. We are from a Sunni, and then they get in sit- peatedly that as the Iraqi Army stands getting outmaneuvered. We are placing uations where they are shooting to up, then we will stand down. We have the American people at great risk, and kill, and people would criticize them now stood up a significant number of it is about time we just go ahead and when they do not know what it is they Iraqi soldiers and law enforcement offi- tell it like it is. We have created more are confronted with. We are there be- cers, and yet here we have the Sunni risk than not, when in fact this war on cause we have to negotiate this civil leadership, which has been adamantly terrorism was supposed to be about war by way of warfare. opposed to our presence in the country, making the American people safer. I think it is unconscionable what is adamantly opposed to our occupation Mr. DELAHUNT. Madam Speaker, if happening there, and I think it is time of the country, now asking us to stay. my friend would just yield for a mo- for this administration to admit that And so what does that suggest? It ment just to confirm points that were not only have they made a mistake, suggests that we do not have an exit made by everybody, but specifically by but they have not trained enough Iraqi strategy at all, or the one that has CHRIS VAN HOLLEN, there is a GAO re- soldiers to take over the security of been put out there by the President is port that was issued in April of 2005 this country, and there is no number of one that has absolutely no chance of that speaks to the issue of deepening Iraqi soldiers being trained in sight yielding any kind of beneficial result and broadening anti-American senti- that will take over the security of this in Iraq. ment all over the world. We have all country. These groups who have been Mr. LARSON of Connecticut. That is seen the polling data. It is frightening. at each other’s throats for centuries what the General Accountability Office Talk about a world opinion that and maybe were contained by a strong says as well. The GAO report calls for threatens our national security. man, right or wrong, are in the throes a new direction in Iraq. The GAO re- And the GAO specifically alluded to of a full civil war. port of July 11 says that the adminis- the fact that it has the potential to Mr. DELAHUNT. Madam Speaker, I tration’s national strategy for victory dramatically hurt our commercial in- think the gentlewoman asks a very le- in Iraq is questionable and victory can- terests. One only has to check the price gitimate question, but I do not think not be achieved without significant of oil. One only has to look at today’s you were present in the Chamber when change in the President’s current stay- stock market report. Everywhere we I referred to a statement dated July 13 the-course strategy. It is unclear, it turn the implications and consequences coming from the Afghan defense min- goes on to say, how the United States of this failed policy is hurting the ister, a gentleman by the name of will achieve its desired end-state in American people, our national secu- Abdul Rahim Wardak, who said that Iraq, given the significant changes in rity, our commercial interests and ev- the Afghan Army cannot secure the assumptions underlying U.S. strategy. erything that is attendant thereto.

VerDate Aug 31 2005 04:09 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.077 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5264 CONGRESSIONAL RECORD — HOUSE July 17, 2006 Then, when we start to examine the intelligence estimate of that time. article yesterday when he said, This relationship between the new govern- Here is what he said. And on the situa- Presidency never had a vision for the ment in Iraq and Iran, why have we tion, this is his testimony about a world. It, instead, had an idea fixed on spilled the blood of more than 2,500 month ago. And on the situation that one country, Iraq, and in pursuit of Americans and already have appro- would be faced in post-Saddam Iraq, that obsession, recklessly harnessed priated taxpayer dollars on the way to the Intelligence Community produced, American power to a gut-driven im- $500 billion? on its own initiative, its assessment of provisation and PR strategies, not doc- trine, that has not changed, even now. b 2200 the likely challenges there. It pre- sented a picture of a political culture And with that, let me at this point And by the way, I am sure if you that would not provide fertile ground recognize our colleague, the distin- haven’t, that you will find in your mail for democracy, and foretold a long, dif- guished lady from Texas, who has also tomorrow a letter, a Dear Colleague ficult, and turbulent transition. It fore- come to the floor this evening. letter from our friend and colleague casted in a deeply divided Iraqi society Ms. JACKSON-LEE of Texas. I thank from Illinois, Jan Schakowsky. And there was a significant chance that sec- the distinguished vice chairman for his she makes the point that on July 7, the tarian and ethnic groups would engage leadership, his consistent leadership, Iraqi, not Iranian Parliament Speaker, in violent conflict unless an occupying along with my colleagues. And I par- Mahmoud al-Mashhadani had this to power prevented it. It also assessed ticularly thank Congresswoman WA- say. He accused Jews of financing acts that the war and occupation would TERS for the vision of the Out of Iraq of violence in Iraq in order to discredit boost political Islam, increase sym- Caucus. As I listened to many of you isolate Islamists who control the Parliament pathy for terrorist objectives and make or emphasize intelligence failures, and government so they can install Iraq a magnet for extremists from else- leadership failures, generals who had their agents in power. where in the Middle East. Some people say we saw you behead- This is the assessment of the Central the expertise of war, I wanted to bring as we talk this evening, to the fore- ing, kidnapping and killing. In the end, Intelligence Agency before we went to front the whole concern, the human we even started kidnapping women who war in Iraq. The people who knew the are our honor. These acts are not the toll. region, the people who understood the As I know that we are speaking to- work of Iraqis. I am sure that he who consequences of an invasion were ig- does this is a Jew and the son of a Jew. night, there are thousands of military nored by this White House. families who are about the American I can tell you about these Jewish So we have to ask ourselves, where is Israelis and Zionists who are using fabric across the land. We already the accountability in this system? know that some of them are barely Iraqi money and oil to frustrate the Is- From day one in this administration, making ends meet. Some of them are lamic movement in Iraq and come with the people who got it wrong have been their agents. on food stamps. rewarded, and the people who got it But just this past weekend we sent Is this what we have wrought? right have been ignored. And yet what These words should be condemned by 140 more of those from my congres- this administration says to us is sional district out of Ellington Field. the President. I am sure we all would ‘‘Trust us.’’ Just stay the course. More join in a resolution condemning the Some have been redeployed before. of the same. Some are on their first, second, third words of this head of the Iraqi Par- Well, we have had years of failed pol- liament, this Iraqi Government that redeployment. icy. No one has been held accountable. If you speak to our Armed Services has executed a bilateral military What do we expect in the years ahead Committee, they will tell you that we agreement with Iran. and the days ahead and the months have depleted most of the back-up of Where are we heading, my friends? ahead from an administration that re- our military prowess. The battalions Mr. VAN HOLLEN. Would the gen- fuses to hold those who get it wrong that were in Kuwait are not one, two, tleman yield? accountable and ignores all those who three and four. They are down to The sad part about so much of this is get it right? maybe one battalion, if you will, that that so much of it was foreseeable, if Mr. DELAHUNT. That is an excellent is in reserve. And so we have a crisis only the President and the White point, my friend, if you would yield for not only that is impacting the direc- House had listened to people who knew just one minute. tion of the Iraq war, but the overex- what they were talking about in this Mr. VAN HOLLEN. I would be happy tending of our military. very important foreign policy area. to yield. The 20,000, 15- to 20,000 injured, who I quoted earlier this evening the Mr. DELAHUNT. But what is most are physically maimed and mentally words of the President in a speech that disturbing is that this House, run by maimed; resources in the Department he gave at the American Enterprise In- the Republican Party, has failed to ask of Defense appropriations, not enough stitute on the eve of going to war in those questions of this administration, to cover the mental health needs of Iraq, when he talked about the fact and thereby abrogated its responsi- these individuals, and as well, the si- that our invasion of Iraq would create bility to the American people to ask lence of their injury, not being seen by a new era of stability in the region. It the questions that would have made a the American people, and the cost that would help create a domino effect of difference. will be put upon society without, I be- creating new democratic movements in Did Mr. Pillar come before this Con- lieve, any direction in any harvesting the region. It was sort of the big bang gress? of dollars that will help these military of creation of democratic governments I can enumerate name after name of personnel. in the region. That was what the Presi- voices that, well, I could put up a long The very crux of where we are today dent said. list of generals, General Batiste, Gen- in Iraq has a lot to do with some of the But the fact of the matter is at the eral Eaton, General Zinni, who spoke misdirection, the political misdirection same time the President gave that truth to power, who said, This is the of our soldiers. They won the war, but speech, the experts were telling him wrong course. yet they were expected to be police- the opposite, and yet they were ignored And listen, we never had a hearing men. They are expected to be political because their advice did not fit the de- until just recently in the committee of officers, if you will; they are expected cision that President and some of his jurisdiction, the House International to build infrastructure with no guid- advisers had made. Relations Committee. Shame on us. ance. And so out of that frustration Just a month ago, Paul Pillar, who Shame on this institution, Mr. Speak- comes Haditha. Out of that frustration was the head of the Bureau of Near er. comes the brutal murder of a young East and South Asia at the Central In- Mr. LARSON of Connecticut. Will the woman and her family, because you are telligence Agency at the time of the in- gentleman yield? talking about redeploying soldiers vasion, testified; and here is what he The gentlemen, I think, words of once, but then two, three, four, times. told the Congress just recently. He told both my distinguished colleagues from I met a soldier in the airport, and the Congress that what is happening Massachusetts and Maryland are they said, four times I have been rede- was, in fact, predicted in the national summed up very well in Frank Rich’s ployed.

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.078 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5265 b 2210 II. THE IRAQ WAR HAS BEEN MISMANAGED AND THE Osama bin Laden remains at large and Al So as I look at the crisis in Israel and RESULTS HAVE BEEN DISASTROUS Qaeda offshoots proliferate. Lebanon and now to the other side of Quotes from the retired generals calling for By diverting resources and attention from us, North Korea, frankly, any talk the ouster of Defense Secretary Donald H. Afghanistan to an unnecessary war of choice about attacking Iran begs the question Rumsfeld: in Iraq in 2003, the Bush administration has of whether or not we have the kind of We went to war with a flawed plan that left Afghanistan exposed to a resurgence of didn’t account for the hard work to build the the Taliban and Al Qaeda. The United States military resources to even engage in peace after we took down the regime. We that kind of conversation. also served under a secretary of defense who needs to complete the mission in Afghanistan I think we failed in Iraq because we didn’t understand leadership, who was abu- and cannot do it with so many troops bogged did not engage. We did not first develop sive, who was arrogant, who didn’t build a down in Iraq. a political and foreign policy that strong team.—Retired Army Maj. Gen. John By focusing so many U.S. resources on could engage the region. Not Saddam Batiste. Iraq, the Bush administration has taken its eye Hussein. We know he was a despot. But My sincere view is that the commitment of off the ball in places like Somalia, which was the region, to ask for our allies’ sup- our forces to this fight was done with a cas- overrun by Islamist militias tied to Al Qaeda ualness and swagger that are the special port, to ensure that the inspections province of those who have never had to exe- last week. had gone forward. cute these missions—or bury the results.— IV. THE WAR IN IRAQ HAS INCREASED THE BURDEN ON And now with Israel our hands are Retired Marine Lt. Gen. Gregory Newbold. U.S. TAXPAYERS WITHOUT STABILIZING IRAQ OR MAK- tied. We know that we want to ensure They only need the military advice when it ING AMERICANS SAFER that soldiers are sent back to their sov- satisfies their agenda. I think that’s a mis- Over the last three years, the United States ereign country. Israel has a right to de- take, and that’s why I think he should re- has spent more than $300 billion in Iraq, yet fend herself. But we also realize that sign.—Retired Army Maj. Gen. John Riggs. We grow up in a culture where account- the investment has failed to stabilize Iraq or the United States has to show a bal- ability, learning to accept responsibility, ad- improve the overall quality of life for most anced perspective, calling for a cease- mitting mistakes and learning from them Iraqis. According to the Congressional Re- fire, sending an envoy team of high- was critical to us. When we don’t see that search Service, total assistance to Iraq thus level reporting directly to the Presi- happening it worries us. Poor military judg- far is roughly equivalent to total assistance, dent, and engaging in foreign policy ment has been used throughout this mis- adjusted for inflation, provided to Germany— that says we realize that the region is sion.—Retired Marine Gen. Anthony Zinni, and almost double that provided to Japan from important. A secure and safe Israel, a former chief of U.S. Central Command. I really believe that we need a new sec- 1946 to 1952. Yet on key metrics like oil pro- two-state response to the Palestinian retary of defense because Secretary Rums- duction, Iraq has failed to advance beyond issue, but the region is important. feld carries way too much baggage with him. pre-war levels, and quality of life indicators re- And when we went into Iraq, we said . . . I think we need senior military leaders main dismal: to the region you are not important. who understand the principles of war and Oil production is below pre-war levels (2.6 We can be an aggressor. We can go in apply them ruthlessly, and when the time million barrels per day in 2003 vs. 2.1 million and attack. We thought we could go in comes, they need to call it like it is.—Re- barrels per day in May 2006); tired Army Maj. Gen. Charles Swannack. without any fallback, with impunity. The majority of water sector projects and And now we see that our generals are He has shown himself incompetent strate- gically, operationally and tactically, and is health care clinics planned in 2003 remain not now disagreeing with us, that our allies far more than anyone responsible for what completed, despite spending hundreds of mil- in the Arab states are now falling away has happened to our important mission in lions of dollars; from us, that the crisis is at such a Iraq. . . . Mr. Rumsfeld must step down.— One in three Iraqi children is malnourished level that our credibility is so shat- Retired Army Maj. Gen. Paul Eaton. and underweight, according to the United Na- tered that when the region needs us III. WAR IN IRAQ HAS DIVERTED RESOURCES AND ATTEN- tions Children’s Fund. most, which is now, there is a question TION FROM OTHER FRONTS IN THE FIGHT AGAINST Rather than a record of progress and GLOBAL TERRORIST NETWORKS of whether or not we have the kind of achievement, the Bush administration’s record The killing of Abu Musab Al-Zarqawi was a leadership and credibility going in. is one of corruption and waste: This is what Iraq has brought to us and major success for U.S. troops, but it is not Remaining unaccounted for is $8.8 billion the American people. likely to diminish Iraq’s insurgency. Iraqis given to Iraqi ministries by the Coalition Provi- I commend my colleagues for organizing make up 90 percent of Iraq’s insurgency, un- sional Authority (CPA), according to the Con- this special order to discuss the conduct and like foreign fighters like Zarqawi, and a pri- gressional Research Service; costs of the war in Iraq. I look forward to en- mary motivation for Iraq’s insurgency is the Iraqi Defense Ministry officials spent $1 bil- gaging in dialogue with my colleagues about U.S. troop presence. Even after the Samarra lion on questionable arms purchases; the most important issue facing the country shrine attack in February threatened to push today and the most fateful and ill-considered Iraq into all-out sectarian civil war, the vast The Interior Ministry has at least 1,100 decision of this Administration. majority of attacks still target U.S. forces. ghost employees, costing $1.3 million a month. I. THE BUSH IRAQ POLICY HAS HARMED THE U.S. Outside of Iraq, the Bush administration has MILITARY failed to present a realistic strategy for coun- In short, we have no strategy, no support A few weeks ago we learned the sad news tering the threat posed by the global terror from allies or friends in the region, a nascent that the 2,500th soldier has been killed in Iraq. networks. In a recent survey of more than 100 civil war in the country we are supposed to be More than 19,000 others have been wounded. of America’s leading foreign policy experts helping, an overstretched military, a mis- The Bush administration’s open-ended com- conducted by Foreign Policy magazine and directed counterterrorism effort, and a massive mitment of U.S. troops to Iraq has weakened the Center for American Progress, eight in 10 diversion of funds in support of a failed effort. the U.S. Army, the National Guard, and the (84 percent) do not think that the United V. MULTIPLE DEPLOYMENTS HURT MORALE AND FAMI- Army Reserves. The extended deployments in States is winning the war on terror. The War LIES—MULTIPLE DEPLOYMENTS TAKING TOLL ON MILI- Iraq have eroded U.S. ground forces and in Iraq has not helped America win the broad- TARY FAMILIES, ANSWERS QUESTIONS OF HOW TO overall military strength. A Pentagon-commis- er fight against global terrorists. Instead: HELP FAMILIES OF DEPLOYED SERVICE MEMBERS sioned study concluded that the Army cannot By invading Iraq without a realistic plan to Military families need greater psychological, maintain its current pace of operations in Iraq stabilize the country, the Bush administration emotional, and organizational assistance ac- without doing permanent damage to the qual- created a new terrorist haven where none had cording to the results of a new survey re- ity of the force. So more than three years of previously existed. leased March 28 of this year by the National a continuous deployment of U.S. troops to Iraq By maintaining an open-ended military pres- Military Family Association (NMFA). has: ence in Iraq, the Bush administration is pre- The study, ‘‘Cycles of Deployment Report,’’ Contributed to serious problems with recruit- senting U.S. terrorist enemies with a recruit- which focused on the needs of military fami- ment, with the U.S. Army missing its recruit- ment tool and rallying cry for organizing at- lies, shows service members and military fami- ment targets last year; tacks against the U.S. and its allies. lies are experiencing increased levels of anx- Forced the Army to lower its standards for According to the National Counter-Terrorism iety, fatigue, and stress. In response, NMFA military recruits; and Center, the number of large-scale terrorist at- outlined recommendations for meeting these Led to military equipment shortages that tacks in Iraq increased by over 100 between challenges amid multiple and extended de- hamper the ability of U.S. ground forces to do 2004 and 2005, with a total 8,299 civilians ployments, increased rates at which service their job in Iraq and around the world. killed in 2005. members are called upon for service,

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\K17JY7.081 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5266 CONGRESSIONAL RECORD — HOUSE July 17, 2006 and the heavy reliance on National Guard and from either the unit or from other military fami- deployed, and our hearts go out to Reserve forces. lies. their families and, as we have at the This report clearly shows the range of sup- Assist families in developing in realistic ex- outset at the end of every one of these port programs for families has expanded since pectations and then meet them. Educate mili- Iraq Watches, spoke about the dif- the start of the War on Terror. However, mul- tary families about what to expect before, dur- ference between the warriors and the tiple deployments and a high operations ing, and after deployments. war, and we continue to salute them. tempo mean different types of support are Direct more resources to support family vol- And I thank the gentlewoman from needed for families’ continued success before, unteers. Increase the level of resources and Texas. paid professionals both counselors and admin- during, and after deployment. The survey re- We only have a few more minutes, istrative, to support the logistics of family sup- sults provide the Department of Defense a de- and I want the gentleman from Massa- tailed roadmap for making sure families are port and conducting family readiness activities. chusetts and the gentlewoman from taken care of during this important time. Address return and reunion challenges California to have the opportunity to Key findings from this study about the im- throughout the deployment cycle. Help with close. But I do want to thank the Mem- pact of deployment includes: the reintegration of a sevicemember with the Almost half of respondents reported they family after deployment. bers for coming down here from New have used or would use counseling services Recognize that family time is important. En- York and Maryland, Texas, California, such as anger management classes and fam- courage service leaders to give family time a and Massachusetts and say to the ily counseling. Three quarters of those who higher priority when planning operational ac- American people that we come here out stated they were better able to deal with sub- tivities, especially for servicemembers who of love of country. It is because of love sequent deployments found counseling serv- have only been back from deployment for a of country and because we are more ices to be helpful. few months. often than not denied a voice on this Two-thirds of military families surveyed did Continue deployment briefings throughout floor, not only denied a voice on this not have contact with their unit or unit network the year. Never assume families have all the floor but in the committees, where volunteer during the critical pre-deployment information they need. Ongoing deployment oversight and review is so important. stage. briefings can especially help new spouses or Why is that so, you might ask? It is Less than one-half reported a consistent the parents of new recruits. Experienced fam- so, unfortunately, because this is a level of family support through the pre-deploy- ily members also may find new challenges one-party town where our erstwhile ment, deployment, and post-deployment during a subsequent deployment or find the colleagues on the other side are in con- phases. Seventeen percent reported no sup- accumulated stress from multiple deployments trol of the House of Representatives, port was available. creates the need for re-engagement with the the Senate, and the executive branch of Many respondents are concerned that vol- family readiness/support group or for access- government. And they are able to shut unteers who help families adjust to life during ing different support personnel. off debate and stifle this side of the deployment and what to expect after the re- VII. IMPACT OF DEPLOYMENT OF NATIONAL GUARD aisle even from coming forward with union are becoming fatigued and subject to In addition, Madam Speaker, the large and alternative resolutions on matters so ‘‘burn-out.’’ They stated that the leaders of unit extended deployment of National Guard units important. family groups should be paid or have paid pro- overseas has undermined the ability of the fessional support personnel assigned. United States to deal with terrorist attacks or f Military family members with civilian jobs natural disasters. For example, State officials face pressure to avoid taking time off before, in Louisiana and Mississippi struggle to over- during, or after deployment. Sixty percent of come the absence of National Guard mem- FURTHER MESSAGE FROM THE military spouses are employed outside the bers from their States in the wake of Hurri- SENATE home and many have either quit their jobs or cane Katrina. In Louisiana, about 100 of the A further message from the Senate are considering it. National Guard’s high-water vehicles remain by Ms. Curtis, one of its clerks, an- Military families are worried about how the abroad—even as the State continues to re- nounced that the Senate has passed reunion will go with their deployed family build from Hurricane Katrina. Coastal North without amendment a bill of the House member even as they are worrying about their Carolina is missing nearly half its Humvee of the following title: servicemember’s safety in the field. Unfortu- fleet, and Guard officials there say shortages nately, many families are not taking advantage have forced the State to pool equipment from H.R. 42. An act to ensure that the right of of specific return and reunion briefings and ac- different units into one pot of hurricane sup- an individual to display the flag of the tivities. plies. United States on residential property not be Many respondents expressed that when en- In addition, the equipment the Guard needs abridged. tering a second or third deployment, they carry to help in the aftermath of natural disasters The message also announced that the unresolved anxieties and expectations from like Hurricane Katrina is in shorter supply be- Senate has passed with an amendment the last deployment(s). While they may have cause the gear is in use in combat zones, is in which the concurrence of the House gained knowledge of resources available to battle-damaged, or has been loaned to cover is requested, a bill of the House of the them, respondents whose servicemember de- gaps in other units. following title: ployed multiple times reported being more fa- CONCLUSION tigued and increasingly concerned about their Madam Speaker, our troops in Iraq have H.R. 5441. An act making appropriations family relationships. for the Department of Homeland Security for never faltered and they have never failed. the fiscal year ending September 30, 2007, and Although challenged by the demands of de- They were never defeated in battle. They won for other purposes. ployment, families noted they are proud of the war they were sent to fight. They com- their servicemember and their service to our pleted their mission. They performed magnifi- The message also announced that the country. They understand that family support cently. Senate insists upon its amendment to is primarily their personal responsibility, but They have earned the right to return home the bill (H.R. 5441) ‘‘An Act making ap- they expect ‘‘The Military’’ to provide support and be reunited with their families and loved propriations for the Department of as well. ones. Now is not the time for us in Congress Homeland Security for the fiscal year VI. RECOMMENDATIONS TO DEAL WITH STRESS OF to falter or fail. Now is the time to embrace a ending September 30, 2007, and for MULTIPLE DEPLOYMENTS plan for our troops in Iraq that offers a chance other purposes.’’, requests a conference The National Military Families Association of success. We need a plan that will work. with the House on the disagreeing has developed a series of recommendations There is only one such plan. It is the Murtha votes of the two Houses thereon, and for how the Department of Defense (DoD) can Plan I support. appoints Mr. GREGG, Mr. COCHRAN, Mr. better train and support military staff and civil- Mr. LARSON of Connecticut. Madam STEVENS, Mr. SPECTER, Mr. DOMENICI, ian volunteers to assist military families, in- Speaker, I thank the gentlewoman for Mr. SHELBY, Mr. CRAIG, Mr. BENNETT, cluding: joining us again and again pointing out Mr. ALLARD, Mr. BYRD, Mr. INOUYE, Mr. Expand program and information outreach. that she, like so many of us, has said LEAHY, Ms. MIKULSKI, Mr. KOHL, Mrs. Create formats for families to access support good-bye to troops, mainly to Reserv- MURRAY, Mr. REID, and Mrs. FEINSTEIN, services and maintain touch with their com- ists and members of the National to be the conferees on the part of the mands and unit family group that live too far Guard who have been deployed and re- Senate.

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.030 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5267 SPREADING FREEDOM AND DE- 30 countries, a coalition of the willing heart of every person. All people yearn MOCRACY THROUGHOUT THE that went in and liberated Iraq begin- to breathe free. Free people do not go WORLD ning in March of 2003 and crossed that to war against other free people. The SPEAKER pro tempore (Mrs. country with armored columns into And I have often, on the floor of the House of Representatives, Madam SCHMIDT). Under the Speaker’s an- Baghdad, the largest city ever in the nounced policy of January 4, 2005, the history of the world to be liberated and Speaker, talked about the similarities and the corollaries between the end of gentleman from Iowa (Mr. KING) is rec- occupied by a foreign power. That hap- ognized for half the remaining time pened in a matter of weeks, Madam the Cold War and how we can get to the until midnight. Speaker. It was a magnificent military end of this global war on terror. And I Mr. KING of Iowa. Madam Speaker, I accomplishment. And it was done with point out that November 9, 1989, the appreciate the privilege of being recog- fewer troops than the first time, I Berlin Wall came down. It came down nized here in the United States House agree. from the force of a people that wanted of Representatives. And I came to the But as I listened too, I will not call it to be free. They yearned to get out of floor to talk about a number of things the dissent on this side because cer- that trap that they were in. that I am convinced are of importance tainly we have not read the majority b 2220 to Americans. opinion. I hear from this general, he They yearned to reach across to their And as I sat through this discussion disagreed with the number of troops, fellow man, their neighbors, their fam- over the last 45 minutes or so that I and this general thought that we could ily members that were divided by that have tuned an ear to this, I cannot help not probably keep the Iraqis on our wall down through the middle of Ber- but move into some of my disagree- side, and this one thought there was lin. But it was the yearning for free- ments with the remarks that were going to be a civil war, and some of the dom that made the difference. made by some of my esteemed col- people in the CIA disagreed, and a GAO When they climbed up on top of that leagues on the other side of the aisle. analysis tells us that we really should wall, they took hammers and chisels And I want to state first that I appre- not be there. and chipped the stone out and the con- ciate the tone of their remarks to- Who are these people, Madam Speak- crete out, and when they broke bottles night. Sometimes they are not so toler- er? Who are they to be directing our of champagne on there and climbed up ant, they are not so patient, and the foreign policy? Are these elected indi- on top and danced and sang and cele- tone gets a little more intense than it viduals that are the voices of the peo- brated, it was a glorious day. was. It does not change my disagree- ple? Are they the Commander in Chief? Much of the world missed the point. ment. I just appreciate the approach Do they speak for the Commander in Much of the world, and I remember that they bring in our disagreement. Chief, Madam Speaker? What business watching the network news media at And that is what we are supposed to do do they have weighing in? Is their the time, much of the world was talk- here. We are supposed to air our dif- voice in the wilderness of any more ing about how families were being re- ferences, Madam Speaker, and lay volume or any more credibility than united, how important it was that we those things out, and the American the next person on the street, the next saw this joy of the reunification of people tune in on what we do, and they person that might be your neighbor? families that had divided since after weigh in with each of us, and we draw Do they have any more credibility than World War II. our conclusions based upon our convic- the elected Members of the United As I sat and watched that, it oc- tions plus the input that comes from States House of Representatives or the curred to me that when the Berlin Wall all over this country. United States Senate? came down, the Iron Curtain came So I would first say that the state- My answer to that is no. Some of crashing down with it. The Cold War, ment was made consistently that we them were involved in foreign policy. the beginning of the end of the Cold invaded Iraq totally on false premises. Some of them were involved in mili- War was over. In fact, it was over on And, first, I would remind the body of tary policy. I will grant that. I heard that day. It took a little while to clean resolution 1441, the last United Nations three generals that were named. I up the mess, but what happened when resolution that finally was the last think I could probably come up with that wall was breached by people that straw. There were a number of other six to nine generals that disagree with yearned for freedom was the echo of freedom. Once they got past that wall, resolutions that Saddam Hussein vio- the President’s policy. But if it is nine once they got through the Brandenburg lated. And we know that it was not our generals, I will see your nine generals Gate, it echoed across Eastern Europe. responsibility to prove that he did not and I will raise you 9,000 generals who It echoed across Eastern Europe with a have weapons of mass destruction. It do not disagree with the President’s crescendo. And it was almost a blood- policy and have not disagreed with the was his responsibility to comply with free revolution. For practical purposes, the United Nations, to comply with the President’s policy. And I would like to lay this out for it was virtually blood-free. weapons inspectors. He did not do that. As country after country yearned for the mission that it is. There is a Bush The war that took place in 1991, freedom, Romania and Poland and doctrine, and this Bush doctrine was fi- Desert Storm, that war was never over Czechoslovakia, country after country, because it was not completed because nally recognized by the national news the Soviet Union collapsed, Madam Saddam did not comply with the condi- media when on the west portico of this Speaker and they had a measure of tions of the cease-fire. Capitol building, President Bush gave freedom far greater than they had ever So the resolutions came before the his second inaugural address, and in seen before, and they still have a meas- United Nations. Resolution 1441 was that second inaugural address, he laid ure of freedom greater than they had the last-straw resolution, and that was out his vision. seen prior to the end of the Cold War. supported by, of course, all members of Now, it was laid out prior to that. It Hundreds of millions of people the Security Council, and it passed the was laid out at least in his State of the breathe free today because the Berlin United Nations. Someone needed to en- Union address January 28, 2003. It was Wall came down, because Ronald Rea- force the resolution if the United Na- laid out in his defense strategy for the gan’s vision, ‘‘Mr. Gorbachev, tear tions was to have any teeth in any- United States of America, which came down this wall.’’ When that happened, thing that they did. If there was to be out in the previous September, 2002. when that vision was realized and free- peace in the Middle East, someone had And he made it clear that his vision dom echoed across Eastern Europe and to enforce that resolution. And if we was to promote freedom, to promote hundreds of millions of people became were going to keep Saddam Hussein liberty, especially in these countries free, they stood in the square in Prague out of his neighbors’ territory, like Ku- that fostered and bred terrorists. It was and rattled their keys together by the wait that he went into that began this a clear policy established. ‘‘The Na- tens of thousands and came to power in the first place, someone had to en- tionality Security Strategy of the and later had their velvet revolution force the resolution. United States’’ was the name of the and separated those two countries So the second generation of Bushes document published in September of without blood, and they live compat- stepped forward and built a magnifi- 2002. Very consistent with the Presi- ibly today as two separate countries, cent coalition, a coalition of more than dent’s speeches. Freedom beats in the the Czech Republic and Slovakia.

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.083 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5268 CONGRESSIONAL RECORD — HOUSE July 17, 2006 Those things happened in the blink of This up-and-running free country has into Iraq, and hadn’t gone in at that a historical eye, and it was a historical its problems, yes. And now that there point, if we go in, they are going to miracle. But that miracle that we look has been an acceleration in the vio- start to hate us even more. back on now from a period of 15 years lence that has taken place in Afghani- So we sat around and spent the week- or so, 17 years, that miracle that took stan, the people who were afraid to end agonizing about how to make peo- place was the kind of miracle that can criticize over these last 3 to 4 years or ple like us. Well, how in the world can be emulated again. more are now starting to criticize you decide to go make people like you The second George Bush, Bush 43, again. when they just got finished bombing came to power, and this Nation was at- The level of their criticism goes up in us, flying four airplanes into America, tacked. And when this Nation was at- direct proportion to the number of cas- killing 3,000 Americans and believing tacked, it was clear that we had an ualties that go up in Afghanistan. And that the 19 hijackers that were on enemy that was determined to annihi- it is the same in Iraq. You could index those planes are now off in the next life late us. They attack our value system, it. If you could listen to the decibels with their 72 virgins each. they attack our culture, they attack from the other side of the aisle, the That is their belief system. And we Western Civilization itself. And they decibels of criticism of our Com- are worried about people like that lik- believe that their path to salvation is mander-in-Chief, undermining our ef- ing us? I will submit that you can’t in killing people who are not like forts to free the rest of the world and worry about that. You can’t negotiate them. In fact, they kill more Muslims free this burden of terror off the Amer- with people like that. The only thing than they do Christians or Jews, it is ican people, if you could measure the you can do is stall them off with fear just that Jews are their preferred tar decibels of objection from your side, or take them out with force. Those are gets, Christians are their second pre- you could index that directly to the our alternatives. ferred targets, but they will kill what- number of casualties of American and A statement was made over here to- ever target is in front of them if they coalition troops, because it is political night, Madam Speaker, that we are in think they can sow some kind of dis- opportunism that raises the objections. the middle of a civil war and we are content that might breakdown social When the casualties go down, the ob- being asked to protect the Sunnis from order, and if the social order gets broke jections go down, because the credi- the Shiites. The middle of a civil war. down, then they think they can some- bility diminishes. The casualties go up, There was a revolution that was intro- how emerge into power. the critics get up here, come to the duced here that declared we are in a So this is how this thing unfolded floor and unload more and more. And civil war. The junior Senator from from 1989 quickly until today. The when they do that, they are under- Iowa introduced a resolution in the Bush doctrine is the vision of freedom mining our military who are on the Senate that declared we are in the mid- echoing across the Arab world the way line. dle of a civil war in Iraq. The middle of it echoed across Eastern Europe after But some of these other points that a civil war. the Berlin Wall came down in 1989. were made. Interesting things. Why They have declared that now, oh, Now, I direct the attention of the does it matter if people like us in the since, 3, 4, 5 months ago. I haven’t no- Speaker and the public to the vision of first place? I would ask that question. ticed that there has been an accelera- what the world looks like today. What There is much concern about the rest tion in the Iraqi-on-Iraqi violence in has changed in the world since Sep- of the world doesn’t like us. We need to the 3 to 4 to 5 months since they began tember 11, 2001? How much different is do something so people can like us to talk us about being in a civil war. the map of the world today? again. Wishing it were so does not make it If we would paint that map with free- I recall going to the Greenbriar on a true. I can define ‘‘civil war’’ so the dom, you can go to Afghanistan. When weekend that would have been the lat- American public can identify this eas- we made a decision to go into Afghani- ter part of February in 2003. We had a ily. We go back and look at our own stan, people on that side of the aisle bipartisan retreat where we got to Civil War. That was when brother was said it will be another Vietnam, it will know each other. We had breakout ses- fighting against brother. Yes, it was be another quagmire. No nation has sions and we brought in experts, espe- North against South, but sometimes ever been able to go into Afghanistan cially from around the Middle East. they lined up on opposite sides of the and invade, occupy, liberate, be able to There was an entire handful of ex- line and they shot at each other, and operate in that foreign country in an perts that had lived in the Middle East sometimes brother shot at brother, and effective fashion. Everybody has been and knew the culture and history and I imagine that occasionally brothers defeated, everybody has been run out. had a sense of how they could explain actually killed brothers. The British have lost, the Russians to us what was going on. We hadn’t have lost. You can go back through studied the Middle Eastern culture b 2230 history and no one has succeeded in Af- very much as a nation. We know a lot Friends that went to the military ghanistan. more about it today. academy met on the line. I am think- Yet a month, actually less than a But as these experts sat around and ing about General Armistead, and I be- month after September 11, we had oper- they started up the discussions and we lieve it was General Reynolds on the ations beginning in Afghanistan. And had these sessions, and I didn’t know line at the corner and the angle, at the just a few months later, the Northern the other colleagues very well, I had battle of Gettysburg, facing each other, Alliance, coupled with coalition forces, only sworn into this job a month ear- unit to unit. That was the Civil War. routed the Taliban, surrounded and de- lier. So I spent a lot of time listening. Half of the people in the military, or a stroyed many al Qaeda and liberated It was important for me to learn what number approaching that, took off Afghanistan. my colleagues didn’t know and also to their blue coats and put on grey coats, There is a proud National Guard unit find out what they knew that they and they went to war against each from my district that was on the could impart to me. But I wanted to other. They chose up sides and went to ground in Afghanistan that protected make sure that when I shared my view- war against each other, Madam Speak- the voting locations, the voting booths point, that it was going into a place er and the routes to them, and some of where there was a knowledge void so If there is going to be a civil war in the areas other troops from our coali- we could help fill that up. I hope they Iraq, it will be when the Iraqis who are tion forces protected in the rest of the are doing the same thing with me. in uniform today, 257,000 strong, areas, and on that date and that loca- That is one of the ways things work. trained, in action, defending the secu- tion, the people in Afghanistan went to The author and journalist Tom rity of that nation, all wearing the the polls for the first time in all of his- Friedman gave an address to start that same uniform, some Kurds, some tory and cast their ballots for a free weekend out, and that set the tone for Shiias, some Sunnis all mixed up in government and they ratified a Con- the whole weekend. The question was, their different units. stitution that now directs a free peo- well, they don’t like us very well, and Unlike the local police that more re- ple, and Afghanistan is an up-and-run- they are not going to like us any better flect the ethnicity and the religion of ning free country. when we get done with them. If we go their locality, the military is mixed up

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.084 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5269 with about an even mix and unit by But I would suggest to my dear How would you put together a sce- unit of Kurds, Shiias and Sunnis. I ask friend that the defense minister of the nario by which you could possibly win? them, when I go over there, what is country in question, Afghanistan, I would point out that listening to one most important, the fact that you are should be considered the ultimate ex- of our experts, one who is actually a Shiia, the fact that you are a Sunni, pert. And, again, my good friend earlier under the command of our Commander the fact that you are a Kurd, or the indicated that there were Members on in Chief, General Casey, who said the fact that you are an Iraqi? this side of the aisle that were reluc- last time I was over there, he said the And they have always answered, tant, or were critical before we went enemy cannot win if the politicians Madam Speaker, it is the fact that I into Afghanistan. stay in the fight. That is what I am am an Iraqi. And these Iraqis, 257,000 Again, with all due respect, I would about, Madam Speaker, is seeing to it strong, defending Iraqis from terrorists suggest that the vote in this institu- that the politicians stay in the fight. who are within their midst, in ever-re- tion was something along the lines of Our solders and marines deserve it. ducing numbers and ever-reducing re- 430–1. So that that particular author- They deserve everything we have to sources are standing together shoulder ization received unanimous support. support them. When they approach me to shoulder, fighting together. And I dare say it was a good decision in Iraq and say to me, I am proud to They are not fighting each other. and a right decision. put my life on the line and commit a They are fighting together against the The problems that I and I know some year out of my life to defend freedom terrorists in their midst. This is not a of my colleagues on this side, as well as and give the Iraqi people a chance at civil war. A civil war would be when some of your colleagues on the other freedom, but why do I have to fight the the Iraqis that are in uniform defend- side, have is that we left there too United States news media too, why do ing Iraqis, 257,000 strong, choose up early and that is why the expert in this sides and start to shoot at each other. I have to fight the anti-war detractors, case, who is the defense minister of Af- That is not happening. It has not hap- my answer to them has been, you ghanistan, said that for the country to pened. And if it begins to happen, that should not have to do that. That is my does not mean that they are certainly be stabilized so that democracy, which job. And it is a job of all of us, to stand in a civil war, but that would be an in- we both, I think we all want to see for up together. dicator to start watching pretty close, the Afghanistan people can really take But also the criticism that we do not Madam Speaker. hold, five times the security forces have an exit strategy in Iraq. That is So also the argument from the gen- that exist today are necessary. not a criticism that sets on very solid tleman from Massachusetts, we cannot Mr. KING of Iowa. Reclaiming my ground from my perspective. I support secure Afghanistan with less than time. I pose the question to the gen- the President in that. You cannot give 150,000 more troops than we have, tleman from Massachusetts, and that people a date that you are going to pull quoting some expert, well, I think the is, Are you advocating that we send out. And so I would submit to the other experts that the President has em- 150,000 troops to Afghanistan? I yield. side of the aisle that has found some ployed in both Afghanistan and Iraq Mr. DELAHUNT. No. What I am sug- experts to support the position that have done pretty well. gesting is that we should participate in they are advocating, they should listen In fact, it was essentially the same training Afghans to meet those par- to an expert that I would think that people that planned Afghanistan, that ticular numbers, because we had set a they should support, and that would be planned Iraq. They had the right num- benchmark of some 70,000. And that the expert called former President Bill ber of troops in Afghanistan. They said benchmark has been revised downward, Clinton, who said, and agreed with it could not be done, but it was done. downward from 70,000 to under 50,000. President Bush, that we cannot give And it is a magnificent success. The And the defense minister in Afghani- the enemy an exit date or they will troops that they sent into Iraq were ab- stan says we need more resources. In just simply go underground. solutely adequate for the job of liber- fact, I am sure the gentleman is aware He said, you cannot give them a date. ating Iraq. of this, but President Bush just re- Bill Clinton, 2 days ago supporting Now, the circumstances that follow cently said that he would take under President Bush and his position not to afterwards apparently are not bad consideration, Madam Speaker, dou- telegraph when we might be ready to enough for the people on the other side bling the $2 billion that were appro- deploy out of Iraq. And so the selective to say, well, I thought you should have priated so that more training could be process is going on, pick the people had 500,000 troops there, but now I provided. My problem is we should that support your position and then de- think you ought to have no troops have done it 4 or 5 years ago. clare them to be experts. And I gen- there. And how can you say that we Mr. KING of Iowa. Reclaiming my erally stand with my position. But, should have more but yet we should time. I do appreciate the gentleman’s let’s see. The people who got it right not have any? There is not a consensus sentiment on this. I know that you are were ignored; the people who got it on the other side of the aisle. I believe right on the vote. I am confident that wrong were rewarded. we need to follow our Commander in I can go back through the CONGRES- 2240 Chief. SIONAL RECORD and pick out the rhet- b The other statement, we do not have oric that supports my remarks. I think it is a bit early to declare an exit strategy in Iraq. But I guess it is a balance that there such a thing. I think historians will Mr. DELAHUNT. Madam Speaker, was one vote against the resolution. I make that decision. I think the advis- will the gentleman yield? do recognize the gentleman’s point. I ers that got us into Afghanistan suc- Mr. KING of Iowa. I yield to the gen- look forward to bringing all of the re- cessfully and successfully have man- tleman from Massachusetts. Mr. DELAHUNT. Madam Speaker, I sources necessary to protect America aged the liberation of Afghanistan got was sitting in the Cloakroom, and I in the future anywhere we have to in it right. heard my good friend and colleague the world. I think the same advisers were there from Iowa refer to the gentleman from I thank the gentleman from Massa- to put together the strategy for Iraq, Massachusetts. And I just wanted to chusetts. Picking up on my next point, and given the military operations that clarify for him it was not I that said to it is that the statement made here on are there, the liberation of Iraq, they stabilize Afghanistan what is needed is the floor that we are not winning the got it right. To maintain the safety 150,000 more troops; that was the de- war on terror, ‘‘the rest of the world and security in that country has been fense minister of Afghanistan. believes we are losing the war on ter- difficult, but the strategy, there is not Mr. KING of Iowa. Reclaiming my ror.’’ a consistent viewpoint here, to get time. Madam Speaker, I did refer to I do not believe that is true at all. In Americans out is what we hear from him as some expert, because I did not fact, who would want to trade places people like Mr. MURTHA, because they pick out how you defined that. But I with the other side? How would you are targets of the enemy. did attribute it to an expert. like to try to conduct or construct an If we pull out to the horizon, which Mr. DELAHUNT. If you continue to optimistic scenario if you were, say, we found out, I thought the horizon yield for just a moment, I do not want Zarqawi before he was sent to the next might be over there where the sun sets to interfere with the gentleman’s hour. life by the United States Air Force? or where the sunrise is or up on the

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.086 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5270 CONGRESSIONAL RECORD — HOUSE July 17, 2006 hill, the other side of the hill, just It is the right thing to do, and talk of that if we have to take action, then we some place out of sight would be the negotiating for peace without the may have to do it in a more urgent horizon. We found out a month ago eradication of Hezbollah in Lebanon fashion than we might otherwise, be- their horizon is really Okinawa. He would be a mistake. They must go in, cause of the war that is breaking out in said let us redeploy our troops to Oki- and they must take out Hezbollah, the Middle East, the war that is break- nawa, then if things get bad, we can go take them out, take out their entire ing out with Israel. back in there. ability to conduct military operations On that subject matter, I trust our So the Out of Iraq Caucus, I wonder there, pacify southern Lebanon, before Commander in Chief to be putting an how large a caucus that is, but their they can come back out of there again. end game in mind. I stand with him in position doesn’t have a futuristic view. It has got to happen. If it doesn’t hap- his vision on this safety and this secu- What takes place in the Middle East? pen, there will not be peace. The mis- rity and on a strategy to get to the end I would say this: We need to be look- siles will continue to rain in. of this global war on terror. I would ing at the Bush doctrine, we need to be The Syrians, complicit in this, sit- ask the American people to envision looking at when the Berlin Wall went ting up there, providing military weap- this, envision how freedom echoed down, and that echo of freedom that I ons; and Iranians, we believe, were across Eastern Europe in 1989. talked about earlier, we need to be down in Lebanon helping advise and Country after country after country looking at the way a map of the world helping to fire off some of the rockets became free, and today they go to the looks today, and a free Afghanistan, 20, that were fired, especially the one that polls, and they choose their leaders. 25 million people and a free Iraq; 25 went to the Israeli ship. They direct their national destiny, and million people, an Iraq that is far safer We have acts of war being conducted they join the European Union, and they than the news media would have us be- by Iran against Israel, and I believe join NATO, and they are good allies, lieve, that cameras are trained on the acts of war being conducted against and they join the coalition and our op- IEDs before they go off, but they are Israel by Syrians. The Israelis have to erations in Afghanistan and the coali- not trained on the happy Iraqi playing be looking to the south to Gaza, to the tion of our operations in Iraq. children. north to Lebanon, and over to Syria The people who are the newest to We have a new conflagration in the and on over to Iran. freedom are the first to fight for the Middle East. We have the cir- They have got to look at their sites freedom of others. I stood in a military cumstances with Israel, an Israel that at four different locations. We must base in Basra some time back, where a has been trading land for peace. When stand with them every step of the way. British general was commanding the there is no rational reason to trade We have got to do so with a vision, region down in the southern part of land for peace, there is no historical with a vision of how this end game Iraq. In that group, that group of sol- model of somebody trading off land and might work. We need to be thinking diers, if you look at the flags on their getting peace. that the nuclear capability, the grow- shoulders, there were British soldiers, We could go back to the prior, to ing nuclear capability of Iran in the Australians, Romanians, Polish, Dan- World War II, you would think the very belligerent hands of Ahmadinejad ish, Netherlands, I am forgetting one focus on that, if that history would be is far too dangerous. or two, but that was all, just happened pretty acute, the trade-off for the We have to believe that if he had the to be those in a group. I lined them up Sudetenland, to Hitler, to get peace, capability to drop a nuclear warhead and took a picture. That is the true co- and finally, the carving up of Poland into Tel Aviv, this would be about the alition forces. They are there. between the Germans and the Rus- time. We have to understand that Shortly after I came back from Iraq, sians, and ultimately war. Hezbollah is conducting operations and the Australians doubled their troop in- It always happens, you can never firing missiles into Israel at the direc- volvement in Iraq. They doubled it, trade land for peace, and yet the tion of Iran. just simply doubled their troops. Do Israelis pulled out of Lebanon, and I Iran has been and is providing the you think it made the news in the understand why. It was costly to be supplies. Iran has recruited, founded, United States of America? Only one or there, but the agreement was that recruited and trained Hezbollah. two news outlets when we did a Hezbollah would not be operating in Hezbollah is an arm of Iran. They can- LexusNexus search, but, you know, al southern Lebanon or in Lebanon at all. not shake the responsibility that when Jazeera picked it up. You know, al Finally, most of the Syrian troops Hezbollah acts in an act of war against Jazeera scooped the major news media got out of there, not the Syrian intel- Israel, it is really an act by a surrogate in the United States, because they ligence people, but the Syrian troops. of Iran. were paying attention. Hezbollah accelerated and built up I came to the conclusion in Sep- their forces there, and they smuggled tember of 2004 that there was a 95 per- b 2250 in missiles from Syria, probably from cent probability that we would have to So, Madam Speaker, we will stand Iran to Syria and into Lebanon. Israel go in and take out the nuclear capa- with the Commander in Chief with the sits there today in a two-front war, bility of Iran. We cannot sit and let a vision for freedom, and we will look being shot at from Gaza and being shot rogue nation have that capability, a forward to the day that the Arab world at from Lebanon, missiles raining down nation that deals with, trades with, breathes free, and when that day from the north, raining up from the and probably is able to swap nuclear comes, country by country, piece by south. secrets with North Korea. piece, the people that get up in the I would submit that if they had suc- These two axes of evil are still out mornings there then can turn their ceeded in moving the Israeli people, there, and they are still dangerous, and outlook from teaching hatred, from the Jewish people out of the West they are getting ever more bold. When making bombs and trying to kill others Bank, moved them up against the we have people here in this Congress, to try to drag the rest of the world fence, or inside the fence, if they had that say we are losing this war on ter- down, they can turn that focus to succeeded in allowing an autonomous ror, that Iran is a winner, that Hamas building their homes, building their West Bank, they will be firing missiles is a winner, that Hezbollah is a winner, families and their communities and from the West Bank as well, and the I don’t know how they can be winners their mosques or their churches, build- only area Israel would not be shot at when they are being taken out 24 hours ing their country into a model of pros- from right now would be from the sea. a day by the IDF. perity instead of a model of destruc- The sea, of course, is the place where But that scenario gives them hope. tion. the neighbors of Israel would like to Members of Congress think they are I think in the amount of time that I drive all Israelis, and they don’t have winning. Then their optimism will be have, I am going to shift subjects, and very long. They cannot make very stronger, or they will probably lack the we will talk about the security on the many mistakes. I am glad that they defeatism that we think they are get- other side of the United States. I would have stepped up to defend themselves, ting. point out that we have also a security and I am glad that they began oper- So we must look at Israel, we must concern on our southern border; and ations north and in the south. look at this end game with the idea down there, that 2,000-mile long border

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.088 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5271 that runs from San Diego to Browns- Well, we can find a way. They have cles, picking up their packs and march- ville, Texas, that border has, according absorbed themselves into our society. ing off through the brush, when it gets to the Border Patrol testimony at the Somebody needs somebody to do some light and I go and look at the tracks Immigration Subcommittee hearing, as cheap work, and so we really should and see where they are marching off many as 4 million people pouring not concern ourselves with this. I dis- through the desert and they are car- across that southern border annually. agree with that, Madam Speaker. I rying a 50-pound pack of marijuana, That is about 11,000 people a day, 4 mil- think that a country that does not con- pack trains of people, 10 or a dozen or lion people annually. trol its borders cannot very much 50 or even as high as 100 people, each In the past year, in 2005, they stopped longer declare itself to have borders, with 50 pounds of marijuana on their and turned back 1,188,000 people, most and a country without borders is not a back, marching across the desert be- of them run through, identified, put on country, a simply amorphous mass of a cause they cannot drive a vehicle a bus, taken to the border and sent North American continent. across there in some of those locations back through the turnstile into Mex- We have to have borders and we de- now because we put in vehicle barriers, ico. The year before, there was fend them, and we have to defend those well, the vehicle barriers are environ- 1,159,000. The number has been growing. borders for all the reasons that we mentally friendly. They have let the It has crept up from 900,000 on up to know, but there are other reasons that desert antelope crawl through. And a now nearly 1.2 million, 1.2 million peo- most of America does not know, and man with 50 pounds of marijuana can ple caught when we are catching a that is, as we hear the President say, throw his pack through there, crawl fourth to a third, by most of the testi- we cannot stop people from coming through, put on his pack and walk mony that comes here. across the border that just want to across the desert. That is what is going But when I go down on the border come here for a better life. Well, we on. and I meet with the Border Patrol offi- cannot? Of course, I think we can. So we need to force all traffic cers down there, Madam Speaker, I ask And yet, if he will concede that through the ports of entry. That is my them and I propose that number, are point, that point that we cannot stop mission. That is why I believe we need you stopping 25 percent. I found no one them unless we legalize them so that to build physical barriers to do that, down there on a regular basis that told they can come back and forth in some Madam Speaker. me that they stopped 25 percent of the legal fashion, if that cannot be done, So I have designed one. I have spent illegal border crossings. Most of them, how in the world then does the Presi- my life in the construction business. they gave me the number of 10 percent, dent or anyone else propose that we We build things, design things, pour and one, when I submitted the 25 per- can stop the force of $65 billion worth structural concrete, make it out of cent number, actually went into of illegal drugs coming into America? steel. You name it, we have done it. hysterics and said, oh, it is not more Ninety percent of the illegal drugs in Mostly it is earthwork of all kinds. So than 3, perhaps 5, percent; 3 percent of America cross our southern border and I submit that on this desert floor, when illegal crossers and 5 percent of the il- that is according to the DEA. That is I go down there, it lays pretty good for legal drugs that are coming across the $65 billion worth. That is marijuana, this job. border. I would, Madam Speaker, dig a methamphetamine, and heroin that Now, when we talk about numbers of trench like this in the desert floor, dig comes in from China and gets funneled those size, it is hard to put it into per- a trench down through that desert up this way. It is cocaine that comes spective. So I would put it this way: floor, and I will demonstrate another from Colombia. every time an illegal comes into the thing. As that trench is dug, we pull a United States across the Mexican bor- Colombians used to have a pretty lu- crative trade on cocaine until the slip form trencher right along behind der, that is an average of one every 8 it. It will be pouring concrete right in seconds. In the United States, every 8 Mexican methamphetamine brought their market down; and on top of that, the trench. As you move the trench, seconds, there is a baby born in Amer- the concrete would move along like when September 11 came, we tightened ica, and it might be an anchor baby that. You come along in a couple of up the security of our airports, and it and a baby born to an illegal mother. days when this cures, leave a slot in is a lot harder for them to smuggle co- That baby will have citizenship here in the middle, and start setting precast caine into the United States. So now the United States. I am opposed to that panels right up in this slot that I have. they have a transportation route that policy, but every time a baby is born, These would be already made, already comes up around the inside of the gulf, an illegal walks across the border into cured. They would be about 10 feet wide along the rail line in Mexico, a lot of it the United States. As our population or 131⁄2 feet long, and they are designed controlled by MS–13, the most brutal grows, half of it is an illegal popu- to be a 12-foot high constructed height. lation. gang this continent has ever seen. And we just pick them up with a But you have Colombian cocaine, you A bull ride is 8 seconds long. For the crane, set them in like that. You can have Mexican methamphetamine, you length of a bull ride, a baby is born, see how easy this is, Madam Speaker. have Chinese heroin and Mexican mari- and an illegal crosses a border. A cow- Once you get the trench and the foot- juana coming into this country, to- boy rides a bull another 8 seconds, only ing poured, it is a simple task to set taled up value, $65 billion. Now, the they are not riding 24 hours a day, we the precast concrete panels right into force of a $7- or $8-an-hour job for are having babies and having illegals the footing and into the slot. come across every day, 24 hours a day. someone that wants to come and pick Now, that builds us a 12-foot high How many people are 11,000 daily? To lettuce, tomatoes or apples or what- concrete wall. I do not submit that this measure 11,000, I would put it this way. ever it might be, that is one thing. wall be built right on the border be- Santa Ana’s army that entered into Somebody wanting to walk across the cause I think it is important for us to Texas that began the great war that desert to pick apples, it is hard to fath- be able to do surveillance on both sides ended up in a free Texas and ultimately om somebody that wants a better life of this wall. Texas, a great State in this Union, that much, although we have to sym- Santa Ana’s army was about 6,000 pathize with that and solution-wise in b 2300 strong. When they stormed the Alamo, fixing Mexico, not in draining off all of I would submit that right on the bor- they were 2,500 to 3,000. He had split his the discontent, and the poor people der, we put up a 10-foot-high chain link forces; 2,500 to 3,000 storming the that are in Mexico and in the United fence, a chain link fence with about Alamo, and we think that was a mas- States. But the problem is we can deal four barbs tipped out to the south. I sive armed force, and it was. But Santa with that. would hang a sign about every quarter Ana gathered all his army up together What we have not done is taken steps of a mile, in Spanish, that tells people and he came across the border one time against the $65 billion worth of illegal go to this Web site or go to the U.S. and wreaked havoc across Texas; twice drugs; and as I go down there, Madam consulate and here is where you apply that number marches across that bor- Speaker, and I sit along that border at to come into the United States legally. der every single day. And what does night and listen to the infiltration of That would be my approach. America have to say about that? Ho- the illegals sneaking through the And then, when they cut through the hum. brush, being unloaded out of the vehi- fence, when they dug under the fence,

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.089 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5272 CONGRESSIONAL RECORD — HOUSE July 17, 2006 when they went around it, over it, or legal and illegal, through the ports of daily to share not only with the Mem- through it, whatever they did, that entry. And then we will beef up our bers of the House, but also the Amer- would tell us that is a location where people there. We beef up our tech- ican people, about plans we have that we need to beef it up. nology there. is in holding or in waiting, not because And I would pull back 60 feet. I would And if we do that we can then finally of the fact that we are not willing to put this footing in, and I would drop say we have control of this border. And move forth on behalf of the American this concrete fence, and they will have if we enforce there, if we end birthright people, it is because the Republican demonstrated that we need it because citizenship, and if we enforce employer majority has decided not to govern on they have violated the one that was sanctions, those three things will solve the side of the American people. the lighter fence that they didn’t re- this issue. Mr. Speaker, I feel that this is very, spect. And I would ask the President com- very hard core for everyday Americans, And so, we have this concrete wall. It mit to enforcing our immigration laws, because they are in waiting, not only is about 6 inches thick. It ends up 12 commit to controlling the border, in the area of minimum wage, but also feet high, 10-foot-wide panels, one after spend the next years of your adminis- affordable fuel prices and real solutions another. And our little construction tration establishing that. And when as relates to protecting our country company could toss together about a that is done, while the next President and also making sure that our veterans mile a day of this once we got going. is campaigning for the 2008 election to who have allowed us to serve, who have Now, we won’t be bidding any project be sworn into office here in 2009, that allowed us to salute one flag, will be like this, but we have the capability of campaign can be about whether or not honored in the area of health care and doing it is my point. we need guest workers in this country other areas that we have promised And certainly there would be a little and how many we might need and of them. bit of engineering design that would be what skills they might come from. Mr. Speaker, I am going to start off touched up on it. But this is basically But we cannot build a guest worker my comments, and I am glad Mr. the design that I believe we would be plan on a false foundation, a founda- DELAHUNT is here, and I know others ending up with. It costs about $1.3 mil- tion of the promise of enforcement. are on their way to the floor, to at lion a mile. And the only way we can ever know least talk about this minimum wage Now we are spending $8 billion on our that we have enforcement is to actu- conversation that we are having here southern border, $8 billion. That is $4 ally enforce, prove it can be done. If we on the floor of the House of Represent- million a mile every year, and we are prove it can be done, then we will have atives. I feel that we should take ac- paying Border Patrol people to drive something solid to build this guest tion. We want to take action on this back and forth on HUMVEES, to park worker plan on. But without that, we side of the aisle, Democrats united in and look at it and be a deterrent just are building a guest worker plan on making sure that some 6 million-plus for being there, and we are paying all hypotheticals. The hypothetical will be Americans are able to get a pay in- the administration that it takes to that we will enforce the law. That has crease, something that Members of support the people and, of course, their not happened. It has diminished over Congress have enjoyed over a number weapons and all the technology. the last 20 years. An employer under of years, but everyday working Ameri- And I am for supporting this wall Bill Clinton was 19 times more likely cans are not able to receive more min- with additional technology. And it is to be sanctioned for hiring illegals imum wage than what they are receiv- okay with me if they want to fly than under our current President. And ing right now. They are, right now, drones around and let us know when so I am asking, let’s enforce the law. making $5 and some change. And I people are approaching the wall. But I Let’s demonstrate that we can do it. mean, it is unconscionable, Mr. Speak- will tell you, they will find that this Let’s put fixtures on the border, be- er, for Members of the House to be able wall doesn’t let them cross it. cause this $1.3 million per mile is a to walk away with an increase, cost-of- And people will say, well, if you build one-time investment that will free up living increase; meanwhile, those indi- a 12-foot wall, I will show you a 12-foot other people. viduals that are punching in and ladder. And that might happen, Madam As I asked in the testimony down in punching out every day, are still mak- Speaker. So I have a little bit of a solu- Laredo of the sector chief for the Bor- ing the same rate that they were mak- tion for that. And that solution con- der Patrol there, I said, if you have a ing in 1997. It would be an uproar here sists of, this is actually a little piece of wall like this, does it take more or less in this House if Members of Congress solder, but just a little nice little con- border patrol officers to protect that had not received a pay raise since 1997. certina wire to put on top of this wall border? And his answer, even though it One thing that I can say here on this as a deterrent. Easily installed. And isn’t the administration’s position to side of the aisle, the Democratic lead- you can see that it can provide that de- support this, was it takes less border ership and the Democratic Caucus has terrent effect. patrol officers to enforce this wall. said we will not stand for an increase Now, I also submit that we run a lit- So, Madam Speaker, that is my en- for Members of Congress to make more tle current through this wire, and that couragement for the President. That is money if we are not going to raise the provides also as a deterrent. Now it is my encouragement for our Commander level of minimum wage for everyday up there where you would have to have in Chief. That is my encouragement for Americans. a ladder to get your hands on it. But the American people. Stand up and And so, again, Mr. Speaker, we come that will keep people from putting a support our military in the Middle with third-party validators. We come ladder up against it. And then we will East and defend this country, and we with the facts to share with the Amer- have our borders respected and pro- will continue to be a great Nation. ican people, and we come to let the tected. f American people know, and Members And if we fail to do this, Madam on the majority side, that we have the Speaker, we are going to continue to 30-SOMETHING WORKING GROUP will and the desire to lead, and we will see 11,000 people a day, one every 8 sec- The SPEAKER pro tempore (Mrs. if we have the opportunity after No- onds, $65 billion worth of illegal drugs SCHMIDT). Under the Speaker’s an- vember. pouring across this border. nounced policy of January 4, 2005, the I just wanted to share a few things Whenever we built the fence in San gentleman from Florida (Mr. MEEK) is because there are a lot of folks that are Diego they went around the fence. And recognized for the remaining time out there saying that they are fighting each time that you do that they will go until midnight. on behalf of the everyday American. So around it because the money is too Mr. MEEK of Florida. Madam Speak- I thought I would just bring a couple of great, $65 billion. We have got to shut er, it is an honor to address the House. visual aids, and also some information. it off. And we will build this thing And we would like to also thank the This is the source of the College Board where they don’t respect a more mod- Democratic leadership for allowing us 2005 as it relates to the census and est barrier, and continue to build until to have the time. what Americans are dealing with. such time as all traffic goes through As you know, the 30-something I want to start with this next chart the ports of entry. And that means Working Group, we come to the floor here. I want to start with this chart.

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.091 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5273 Minimum wage. And this is real eco- very accurate: ‘‘I have been in this yield to you because you have some nomic change under Bush. Here you business for 25 years, and I never voted very interesting charts over there. have the minimum wage, Mr. Speaker, for an increase in the minimum wage Let us talk about who is getting that is at zero starting in 1997 to now. and I am opposed to it, and I think that what. In the past you have heard me Since 1997 to now, whole milk has gone a vast majority of our conference is op- read this, and I want to read it again up 24 percent. Bread has gone up 25 per- posed to it.’’ That is the leader of the because, when it comes down to when cent. A 4-year public college education Republican Congress. That is the ma- their constituents want to know whose has gone up 77 percent. Health care in- jority leader. side they are on, I want the Members surance has gone up 97 percent. Mean- Now, Mr. DELAHUNT, there are Mem- to be armed with the facts. while, Americans are still making $5 bers that come to this floor and say the I am proud that I am trying to do ev- and change. Regular gas has gone up Democrats are just demagoguing. erything I can do on behalf of my con- 136 percent, Mr. Speaker. Still no mes- There are people who come to this floor stituents back in the 17th Congres- sage from the Republican majority for and say we are for you; they are not for sional District in Dade and Broward everyday working Americans that leading. County. But by their sending me to punch in and punch out every day. I think it is important, Mr. Congress and Mr. DELAHUNT to Con- DELAHUNT, that we come to the floor gress, they federalized us to represent b 2310 and share with the American people the people of the United States of Here are some other statistics: still and the Members of Congress that we America, and I think it is our obliga- from 1997, no increase in the minimum will not rest even though we are in the tion, Mr. Speaker, to share the facts. wage for everyday working Americans. minority, that we are still willing to Members can follow me. They can go College tuition has gone up in private fight for them. on Washingtonpost.com. This was an institutions 40 percent. Gas prices, Now, the difference between the Re- article November 16, 2005, on the front publican majority and the Democratic again, as it relates to the middle class, page: ‘‘A White House document shows minority, Mr. Speaker, is the fact that has gone up 47 percent and 55 percent that executives from big oil companies the majority has the power to be able for prescription drugs. I think it is im- met with Vice President DICK CHENEY’s to make things happen here in this portant that we look at those. energy task force in 2001, something House on behalf of the American people To go further, Mr. Speaker, I think it long suspected by environmentalists as it relates to the minimum wage, and is important that we share this. The but denied as recently as’’ a week ago it is fair play. I went through this list. facts are hard, but they are true. In ‘‘by industry officials testifying before Pay increases year after year, $4,000 1998 a Member of Congress received a Congress. The document, obtained this here, $4,700 there, $3,100 here, and zero raise of $3,100. That was in 1998. In 1998 week by The Washington Post, shows since 1997 on behalf of the American the minimum wage was zero. Again, in that officials from the ExxonMobil 2000 Members of Congress received a people who punch in and punch out every day. Corporation, Phillips, Shell Oil Com- $4,600 raise. That is more money. Ev- pany, and BP America Inc. met in the eryday working Americans in 2000, Meanwhile, health care cost is up. Meanwhile, the cost of bread and milk White House complex with the Cheney minimum wage, zero, thanks to the Re- aids who were developing national en- publican majority. is up. Meanwhile, gas prices are up by 136 percent. But back at the ranch and ergy policy, parts of which became law I just said in 2000, Mr. DELAHUNT, and parts of which are still being de- Members received a pretty substantial here in this House, the Members of Congress are being taken care of. The bated’’ here in the House. raise. In 2001 Members of Congress re- This is an article. It is not from the ceived a $3,800 raise. Of course, we are special interests are being taken care of. But guess what, the individuals who Democratic Caucus. It is not from my not minimum-wage workers. The woke up early on a Tuesday morning office or Mr. DELAHUNT’s office. American people in 2001, zero. Nothing. for representation are being left behind Let us see what happened. That The Republican majority said they are since 1997, and there are Members on meeting, Mr. DELAHUNT and Members, not going to have it. In 2002, again a the majority side saying over their was in 2001. Here are the profit margins $4,900, that is a lot of money, increase dead bodies, literally, will they receive of big oil companies since that meet- for Members of Congress. The Amer- an increase because they are so in- ing: in 2002 I think that was a pretty ican people in 2002, zero. debted, Mr. DELAHUNT, to their special good meeting to go to, $34 billion in It pays to have a voting card in Con- interests. profits, thanks to the Republican ma- gress. You can give yourself a raise, So all we can fight with, Mr. Speak- jority’s passing policy that would allow but the folks that elect you just have er, here is the fact, not fiction but fact, oil companies to spend the taxpayers’ to suck it up. that we have a Republican majority dollars and to be able to have subsidies Now, this is like on a roll here in that is willing to govern for the few, and make these profits. In 2003 $59 bil- Congress. In 2003, a $4,700 increase in for those individuals who have the op- lion in profits. I think that meeting Members of Congress’ pay. The Amer- portunity to come to Washington and was worth going to and whoever rec- ican people, guess what, zero. Nothing to be able to gain access through the K ommended and got them into the at all, thanks to the Republican major- Street Project and other programs that White House complex to meet with the ity. In 2004, a $3,400 raise for Members allow them to give politically and have Cheney aides, I think they got a pro- of Congress. Guess what, Members, gangs here in the House. motion and possibly a bonus. American people, minimum wage A former Member of this House used b 2320 raises, zero. to boast about the fact that if they These are the facts. I challenge any were not on the list of contributors, In 2004, $84 billion oil profits up. Member on the Republican side, the they couldn’t come in and see them. Guess who is paying for it? The Amer- majority, to come down and challenge That is a former Member of the House, ican people. In 2005, $113 billion in prof- me on these facts. and if anybody wants to challenge me its. And the numbers are not even in In 2005 it continues, a $4,000 raise. on it from the majority side, I will be from 2006. Once again, you are a Member of Con- happy to reveal that former Member’s Mr. Speaker, I know that these facts gress that comes up here, who say they name. I think we all know, and it was have to have some Members who may are representing you, it is a wonderful an active program in the House, and I be in their offices right now or sitting thing. Get a raise in 2005, $4,000. The believe there are still some elements of up in their beds feel uncomfortable. American people, zero, Mr. Speaker. that program now. The fact that spe- But, unfortunately, that is not hap- In 2006 Members of Congress’ pro- cial interests do not want an individual pening, because it continues. posed raise, $3,100, Mr. DELAHUNT. My making $5 and some change to receive Why is this man smiling here? It is 9-year-old son and my 11-year-old a couple dollars’ increase is very unfor- nothing against him. I don’t have any- daughter can guess, the American peo- tunate. And, Mr. DELAHUNT, I am very thing personally against oil companies. ple to this date, Mr. Speaker, zero. concerned about that. They are getting what the majority Now, I want to go back to this chart Let me just take 3 more minutes, Mr. Republican Conference here in this because I think it is very revealing and DELAHUNT, and then I am going to House has allowed them to have. It is

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.092 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5274 CONGRESSIONAL RECORD — HOUSE July 17, 2006 one thing for someone to say ‘‘I will Mr. DELAHUNT. Mr. MEEK, I want to The story reads, ‘‘U.S. forces invaded support you and your political endeav- commend you on that eloquent expo- Afghanistan in October 2001 to oust the ors.’’ It is another thing for you to say sition of the issues that I know reso- radical Taliban regime. Although the ‘‘I am with you all the way, even if it nate with the American people. Could country now has a democratically- costs my constituents more at the you do me a favor? Could you hold up elected government, the Taliban has pump.’’ that last book once more? been making a comeback.’’ Here is a man that a lot of workers Mr. MEEK of Florida. Which one? Now to quote the Secretary. This is wish they had such a deal. A $398 mil- Mr. DELAHUNT. The last one. Hold Mr. Rumsfeld. ‘‘Western Europe ought lion retirement package and a $2 mil- it up, will you. to have an enormous interest in the lion tax break ala the Republican ma- Mr. MEEK of Florida. The energy success of Afghanistan, and it is going jority. An Exxon former executive. plan. Yes, sir. to take a lot more effort on their part It is almost, Mr. Speaker, unfair. Mr. DELAHUNT. Just show it. I hope for the Karzai government to be suc- Someone may say that. If I didn’t have that those that are watching can see cessful.’’ He was alluding to the Presi- the cover. Except I would expand on the third-party validators, the CON- dent of Afghanistan, Mr. Karzai. GRESSIONAL RECORD and votes by the the title, ‘‘Energy Plan.’’ I would add a b 2330 majority to back up what I am saying, dash, and I would add the words ‘‘A some folks would say that is unfair. I Blueprint to Win the War Against Ter- But what he is saying is Western Eu- wouldn’t even be able to walk the halls rorism,’’ because therein, in that plan, rope has got to help us more. So what of Congress or talk to my colleagues on lies the secret, and it shouldn’t be a se- we are looking for is help from Western the Republican side if I wasn’t telling cret, because I think it is obvious to Europe to contribute troops, to con- the truth. many of us, that if we can adopt an en- tribute resources so that that fragile I think it is important that everyone ergy plan, no longer will we find our- democracy in Afghanistan can survive. understands, if you are a Republican, selves hostage to governments and so- So I would suggest, Mr. Speaker, that you have to have a problem with what cieties that disagree with our values. it is important what the British people I just presented. You have to. If you And that is the case now. think of the United States. Now, again, Six years into this administration, are a Democrat, you have to have a if you would bear with me, let me go to and gas has gone from $1.40 a gallon at problem, the information I am sharing an article, Mr. Speaker, that appears in the pump to now it is over $3. The Mid- with you that the Republican majority the New York Times dated July 3. Now, dle East is destabilizing. is allowing to happen. let’s be really clear. This is not Paki- But the reality is, and we spoke stan, this is not Tajikistan, this is not We on this side have called for an in- about this, myself and some other col- Mexico, this is not Venezuela, this is crease in the minimum wage. We on leagues earlier, today we are losing the not President Putin’s Russia, this is this side have called for tough legisla- war on terror. At least that is the opin- the United Kingdom, with whom it is tion on price gouging. We on this side ion of people, including the American written we have a special relationship, have talked about making ourselves people, in 34 countries out of 35 where Mr. Speaker. energy independent; not investing in a poll commissioned by the BBC was Where we have had a relationship be- the Middle East, but investing in the taken. Just recently, a bipartisan tween our peoples that is extraordinary Midwest as it relates to E–85. group of experts in foreign policy and for decades. Now, according to this So I think it is important that every- national security concluded that we poll, it was asked whether the United one understands when we are in the are losing the war on terror. majority, if the American people see Now, in the previous hour my good States is doing a bad job in Iraq, is in- fit, we will put forth policy that will friend from Iowa made the observation, different to what the rest of the world benefit all Americans. I think it is im- why should we care whether people like thinks of it, and whether it is obsessed portant. us or not? Why should we care? Be- with money. If you are an independent, you have cause, again, if you take a look other Now, according to the pollster, in an to have a problem with the fact that polls, and not just, by the way, in the analysis by him, this was one of the Members of Congress have received Middle East, but on every continent, prominent British papers that commis- thousands upon thousands of dollars of the image of the United States is poor. sioned the poll, it indicated that there raises since 1997, and still no response We are reviled. As the GAO said, anti- has never been a time when America from the Republican majority as it re- American sentiment is broadening and was held in such low esteem on this lates to the minimum wage. deepening. Yet my friend from Iowa side of the Atlantic. Mr. DELAHUNT, those are the facts for says, why should we care? The special relationship that British now. This book is full of facts. These I think what he meant is why should leaders have long believed exists be- books are full of action; balancing the we care about those who are sympa- tween their country and the United budget, real homeland security, where thetic to or are active participants in States may still live in Downing Street local communities don’t have to tax acts of terror against the United and at Camp David, but it has atro- themselves because we have done away States, and that makes sense. phied among the British public. with the COPS Program. We made it But we should care, Mr. Speaker. We Among the responders in the new difficult for local communities to be should care about the rest of the world, poll, Mr. MEEK, 77 percent did not see able to apply for homeland security, because if we are going to have success America as a beacon of hope for the home front security, because, guess in the war on terror, we need other world. Asked to rate President Bush as what, when something goes down in a people to help us. We cannot do it a leader, more than three-quarters de- city, be it small or big, it won’t be the alone. scribed him as either pretty poor or Department of Homeland Security If I can just cite one example, Mr. terrible. Seventy-two percent said his showing up, it will be a local police de- MEEK, in a story just last week in the foreign policy, instead of being driven partment. Washington Times, Secretary Rumsfeld by a desire to build democracy, was This is my last one here, and it is a was in Tajikistan, a Central Asian merely a cover for American interests. real plan, ready to go, Mr. Speaker, on country, and while he was there he ex- About two-thirds of responders said energy. Anyone can go on House Demo- pressed concern about what is tran- that they believed that American crats.gov and get all of these plans. spiring in Afghanistan. This is what he troops were doing a bad job in trying to They just didn’t come up tonight. We had to say, if I can just ask for your in- win the hearts and minds in Iraq. have been coming to this floor, and dulgence for a minute. I have to put Eighty-three percent of responders said now the American people are going to my glasses on, Mr. MEEK. You know I the United States does not care what have an opportunity to be not Demo- have a birthday coming up. the rest of the world thinks. crats, not Republicans, not independ- Mr. MEEK of Florida. It is tomorrow, We should care. To answer the ques- ents, but voting on behalf of this coun- Mr. DELAHUNT. tion that was put forth by my friend try, and to make sure that we have Mr. DELAHUNT. I didn’t want the and our colleague from Iowa, the rea- representation here in this House. world to know that, but you let that son that we have to care is because we Mr. DELAHUNT? secret out. live in a world. If we are going to

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.094 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5275 achieve our goals, we have to do them Let us peruse the numbers. The Re- migration enforcement actions against in a multi-lateral way. We need the publicans have been talking a good employers under President Clinton to British people to support us. We need game about how important border se- 3. Three under President Bush in 2004. the Irish people, we need people all curity truly is to them, especially our Mr. DELAHUNT. Three, one, two, over this world. We want to reach out colleagues here in the House. They three. and be that beacon of hope. have been beating that drum over and Ms. WASSERMAN SCHULTZ. If I Ms. WASSERMAN SCHULTZ. Mr. over again. tried to count to 417, the hour would Speaker, you know it would be nice if Mr. DELAHUNT. If I can interrupt end, and we wouldn’t be able to say the American people supported this ad- just once more. Of course you are anything else. So I will move on to the ministration. It would be nice if the ad- aware that the Republicans have been next one. ministration had a policy that the in the majority in this chamber for 12 How about when we are talking about American people could support, or that years. immigration fraud cases? If the Repub- in spite of the incredible lack of sup- Ms. WASSERMAN SCHULTZ. Well, I licans are so committed to border secu- port for the American people, it would am quite aware of that, they have been rity and making sure that we crack be nice if the administration actually well within control of this institution down on illegal immigrants and pre- showed that that mattered to them, in- for 12 years. vent the people who don’t belong here stead of continuing down the path of Mr. DELAHUNT. They have con- and who are coming here the wrong ‘‘staying the course’’ and doing exactly trolled the White House. way, then you would think that there as they think is right and to heck with Ms. WASSERMAN SCHULTZ. For 6 would be many, many more cases under what anyone else in America thinks. years. the Republicans than the Democrats. I mean, of course we care about our Mr. DELAHUNT. They have con- But in 1995, a year in which we had a place in the world, and about the vision trolled the United States Senate I Democratic President, there were 6,455 that we are viewed through, the lens think for 10 out of 12 years cases pursued against immigration we are viewed through. But I do not un- Ms. WASSERMAN SCHULTZ. So this fraud. Then you fast-forward to 2003 under derstand why the administration and was entirely theirs. the Bush administration, the Repub- why this President and this Republican Mr. DELAHUNT. I think it is impor- lican administration, a year in which leadership, our colleagues, do not seem tant that people understand that and supposedly you had an entirely Repub- to care or understand how the Amer- understand who is Washington, D.C. lican-controlled government, and the ican people are viewing them. Ms. WASSERMAN SCHULTZ. En- I mean, there are a number of issues ability for them to actually pursue tirely within their control to crack I know you have gone over tonight, the more than 6,455 cases. They pursued down on border security, to hire more minimum wage is one of them. I have 1,389, a 78 percent drop. Border Patrol agents, enforcement ac- been witnessing the hearings that have Mr. DELAHUNT. Could I just submit tions against employers who hire ille- been taking place around the country a hypothesis for a minute? gal immigrants illegally. on border security and the argument You know, one of the leaders in the So let’s take a look at the numbers. over whether border security or an neoconservative movement, a Mr. Gro- We use third party validators. By the earned path to citizenship is more im- ver Norquist, coined an interesting way, it is a pleasure to join you here portant. term called shrinking government, And what I think has been extremely once again, my 30 Something col- until it practically disappears. This humorous is that the Republicans on leagues. I apologize for not doing that neoconservative ideology, I suggest, is the other side, the Members on the initially when I began, just jumping in. responsible for those statistics. Be- other side of the aisle, in the other But let us look at the average num- cause what we have done in the past 6, body, adhering to the rules, Mr. Speak- ber of new border patrol agents added 8 years, is reduced government to the er, have taken to calling the McCain- per year under the Clinton administra- point when no longer are we ade- Hagel, I think there is another Repub- tion from 1993 to 2000, versus the Bush quately enforcing our laws as well as lican that is part of that legislation. It administration between 2001 and 2005. our border. is two or three Republicans that are Under President Clinton, 642 per year So what we see is a real problem that heading it up. And MARTINEZ, our own border patrol agents were added per was created by this Republican major- Senator from Florida. year. And under President Bush they ity working with a Republican Presi- But MCCAIN, and HAGEL and MAR- have added an average of 411. dent. TINEZ are heading up that legislation. Now there is some real commitment Did you have a chance, by any Yet now they seem to be calling it, or to border security. How about we look stretch, to reading the lament of the attempting to call it the Reid-Kennedy at the INS, which is now CIS. But the former Speaker of this House, Mr. bill or the Reid-Kennedy bill, neither INS fines for immigration enforce- Gingrich? of whom are sponsors of that legisla- ment, that is fines against employers Ms. WASSERMAN SCHULTZ. I did, tion. who hired illegal immigrants illegally actually. I think we also have a graph- So what they are trying to do is lead and have gotten caught. ic depiction of that. But really what the American people, and if they say it Okay. Under the Democratic admin- this comes down to, Mr. DELAHUNT, is a enough times so that they believe it, istration in 1999, President Clinton was clear indication of who is for immigra- that it is the Democrats that are tak- in office, there were 417 cases where tion enforcement and border security, ing the initiative on this immigration INS fined employers for hiring, for get- and who is just kidding; who is in favor policy when it is clearly Republicans. ting caught hiring illegal immigrants. of putting action behind the words, and Mr. DELAHUNT. Are you aware, and Guess how many there were in 2004, a who just speaks the words. again I know we are changing subjects year in which President Bush was in of- There is one more statistic that was here, but I do not know if you are fice? more difficult to graphically depict, so aware that there has been a decline in I will go through this last one, which is b 2340 the number of enforcement actions also important, because the Bush ad- against employers for hiring undocu- Mr. DELAHUNT. That was the year ministration has touted that in its mented workers. that some started to express concern first 5 years, it caught and returned 6 Ms. WASSERMAN SCHULTZ. Not about border enforcement. million undocumented individuals. only am I aware of that, Mr. Ms. WASSERMAN SCHULTZ. Yes. That is actually a drop in any 5-year DELAHUNT, thank you for leading me That is when you started to hear the period under the Clinton administra- right into that lovely chart that we drum beginning to beat, and beat very tion. have here, that graphically depicts the loudly. So, you know, this is all just a lot of differences between border security and Mr. DELAHUNT. Can you tell us puffery, a whole lot of chest-pounding, immigration under a Democratic ad- what that number is, as compared to which they seem to be really, really ministration versus border security the 417 under President Clinton? good at. But when you scratch below under this Republican Bush adminis- Ms. WASSERMAN SCHULTZ. I the surface, just a little bit, there is no tration. would be glad to. We went from 417 im- depth, there is nothing there.

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.095 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5276 CONGRESSIONAL RECORD — HOUSE July 17, 2006 And, clearly, the former House true check and balance, then you have being not only demagogued by the Re- Speaker, Mr. Gingrich, the warrior, ar- a democracy that is at risk. publican majority but not even allowed guably the architect of the so-called Mr. MEEK of Florida. Mr. DELAHUNT, to come to the floor. Republican revolution, he has had a I can’t help but grab this rubber stamp HouseDemocrats.gov, okay, energizing few things to say, as we talked about and help the Members realize that they America, farmers fueling our energy our 30-something hours on this. As re- are making history in all the wrong independence. Here is a little short cently as July 14th, which was 4 days ways. This rubber-stamp Republican piece on it, bigger plan. ago, this was him commenting on the majority has allowed this President to Real Security, on the Web site once broken system in Washington. have free rein, not only on everyday again, ready to go, will not be heard He said, Congress really has to think American workers, retirees, veterans here on the House. Republican major- about how fundamentally wrong the and the American taxpayer dollars, ity does not want to hear it because current system is. this President rubber stamped, okayed they feel they have the master plan When facing crises at home and by this Republican majority, has bor- and that everything is in line. You abroad, he said, it is important to have rowed $1.05 trillion from foreign na- heard Ms. WASSERMAN SCHULTZ talk an informed, independent legislative tions. At no other time in the history about enforcement of illegal workers branch coming to grips with this re- of this Republic, in 4 years or in 224 under the Bush administration, the ality and not sitting around and wait- years, has that amount of money been funding of border agents. The facts are ing for Presidential leadership. borrowed. the facts. Clearly when it comes to border secu- The Republican rubber-stamp Con- The Innovation Agenda, CEOs of rity and immigration, there hasn’t gress has allowed that to happen. American companies are saying we are been a whole lot of Presidential leader- Now we have OPEC countries, Japan, ready to have math and science teach- ship, not when it comes to action. He China, Korea, Caribbean, Germany, you ers; we are ready to work on real inno- has been real good at talking. name it. They are borrowing. Canada, vation in turning out the next work- Mr. DELAHUNT. Can you tell me they are buying our debt. We are bor- force that we need. Republican major- what his solution to the crisis that this rowing from them. The Republican ma- ity talks about it but has not acted on country is now facing in terms of its jority allowed the Bush White House to it. democratic institutions and its rela- So I think it is important that we get what they want as it relates to a tionship between a White House that continue to share this with the Amer- rubber stamp. has acquired incredible power and a ican people. It may be repetitive. We Like I said, it is not even fair. I Congress that continues to see power may have to use Mr. Gingrich quotes. mean, Time magazine, freshly minted, to the point where it has become a rub- We may have to use Time magazine the 17th edition, folks can either get it ber stamp for a President that has no and other national publications and in the mail or buy it, I don’t have any restraints whatsoever? What does Newt periodicals to drive the point home. It stock in Time Warner or anything. Gingrich say is that solution? does not matter what your party affili- Ms. WASSERMAN SCHULTZ. That is b 2350 ation is. It should not matter who you what has been truly unbelievable. This This is where we are because this voted for in the last election. leadership, our Republican colleagues, time right now, when the President What should matter is that you are a have just been totally willing to cede and the 109th Congress is history mak- citizen of the United States of America power, just give up the legislative au- ing, not history making being the Con- and you care about this country. So thority that we have, and say, Mr. gress that did so much for the Amer- when your children and grandchildren President, you take it, we are out. ican people but the Congress that al- ask the question, Mama, Granddaddy, So Mr. Gingrich had something else lows the President of the United States Aunt, Uncle, what were you doing when to say just the other day. He said the to get this country in a position that it all this was going on; were you just correct answer is for the American peo- is in because the checks and balances saying I am a Republican and I am vot- ple to just start firing people. that are in the Constitution and how ing Republican because I am a Repub- I don’t think he was talking about lican? Were you saying I am a Demo- anything other than this fall during we are supposed to govern and carry out oversight was not adhered to. crat, I was voting for the person that the elections, because they are not, ran the most commercials and sent me they are clearly, they clearly do not Here it is, Time magazine, The End of Cowboy Democracy, what Korea, stuff through the mail and saying that have their priorities straight. They I am the best? Oh, or I am an Inde- Iraq and Iran teaches us about the lim- clearly only speak words and don’t pendent, and you know, I just thought its of going it alone. And then you go back them up with action. They clearly it was probably politically correct and on to page 20, and it talks about how only bob their heads up and down like cool for me to vote for the people that the White House has just now realized the bobble-head Republicans that they were in the majority so I can hopefully that they have a problem. have been and rubber-stamp everything be on the prevailing side? that the President asks them to do. Now, it would be okay if it was just One thing I can say is now the Amer- There it is right there. There is the the White House, and this is not about ican people are saying they would big old Republican rubber stamp which the President. The President is the much rather have a Democratic Con- each of them has essentially wrapped President of the United States. He is gress, probably not because that they their arms around and agreed to adhere not running again for reelection, but feel now I am so-called a Democrat. No, to. Members of the House have to run they see what is going on. They see the Mr. DELAHUNT. Well, I would sug- every 2 years, every 6 years in the Sen- minimum wage not going up. They see gest that that is a remarkable state- ate. the prices going up at the pump. They ment by an individual who led the Re- It goes on and it outlines quotes from see what other countries are saying publican Party to a majority in this people that were formerly in the ad- about us, and they see the lack of over- House. ministration, folks that are in the ad- sight and enforcement by this Con- When he says it is time for the Amer- ministration now, and they are saying gress. ican people to start firing everyone, now they realize that they have a prob- This Congress, the Republican major- that is to me a demonstration that he lem. Well, it is not them. It is the ity would much rather get an invita- recognizes that the government is not United States of America. You heard tion to the White House and have din- functioning as it ought to function. We Mr. DELAHUNT talking about the people ner and tea and cookies to be at a are allowing this institution, this in the U.K. Guess what, the people in party of 200 people than to provide rep- House, to wither. the U.K. have bought $223.2 billion of resentation on behalf of the American Government isn’t withering; it is not our debt. This is what they think about people. government, it is Congress that is al- us. Leave alone that. Ms. WASSERMAN Mr. DELAHUNT. You know what, it lowing democracy to wither. That is SCHULTZ talked about what the Amer- is time for Congress to stand up and in- dangerous. ican people think about us. sist on answers to hard questions. Unless you have a Congress that So the alternative, in my opinion, is Let me go back to Iraq for one mo- stands up and says no, and serves as a that we have plans on this side that is ment. I heard a rumor that the Iraqi

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.096 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5277 prime minister intends to come to there is a good excuse for him not SENATE BILL REFERRED Washington soon. I think we all de- being here. A bill of the Senate of the following serve an answer to a question that was Ms. WASSERMAN SCHULTZ talked title was taken from the Speaker’s raised by one of our leaders in the about a new direction for America. We table and, under the rule, referred as Democratic Party, JAN SCHAKOWSKY, want to make sure that health care is follows: who circulated a Dear Colleague today. more affordable for all Americans, and S. 3525. An act to amend subpart 2 of part Maybe you have not heard this yet, we also want to make sure that we B of title IV of the Social Security Act to but the Iraqi prime minister, where we have lower gas prices, helping our improve outcomes for children in families af- have spent close to half a trillion dol- working families, also cutting college fected by methamphetamine abuse and ad- lars and 2,600 Americans have died, the costs and ensuring dignity in retire- diction, to reauthorize the promoting safe head of their parliament, Mahmoud al- ment and also requiring fiscal responsi- and stable families program, and for other Mashhadani said these offensive words. bility, pay-as-we-go. purposes to the Committee on Ways and He ‘‘accused ‘Jews’ of financing acts of With that, Mr. Speaker, we would Means. violence in Iraq in order to discredit like to thank the Democratic leader- f Islamists who control the parliament ship for allowing us to have the time, and government so they can install and it was an honor to address the ENROLLED BILL SIGNED their ‘agents’ in power.’’ House tonight. Mrs. Haas, Clerk of the House, re- These are his words: ‘‘Some people f ported and found truly enrolled a bill say ‘we saw you beheading, of the House of the following title, kidnappings and killing. In the end we LEAVE OF ABSENCE which was thereupon signed by the even started kidnapping women who By unanimous consent, leave of ab- Speaker: are our honor.’ These acts are not the sence was granted to: H.R. 2872. An act to require the Secretary work of Iraqis. I am sure that he who Mr. ABERCROMBIE (at the request of of the Treasury to mint coins in commemo- does this is a Jew and the son of a Jew. Ms. PELOSI) for today on account of of- ration of Louis Braille. I can tell you about these Jewish, ficial business. f Israelis and Zionists who are using Mr. DAVIS of Illinois (at the request Iraqi money and oil to frustrate the Is- of Ms. PELOSI) for today. SENATE ENROLLED BILL SIGNED lamic movement in Iraq and come with Mr. KIND (at the request of Ms. The SPEAKER announced his signa- the agent and cheap project.’’ PELOSI) for today on account of illness. ture to an enrolled bill of the Senate of This is what my friend from Iowa was Ms. MCKINNEY (at the request of Ms. the following title: earlier talking about democracy? What PELOSI) for today. kind of democracy would tolerate and S. 655. An act to amend the Public Health Mrs. NORTHUP (at the request of Mr. Service Act with respect to the National countenance that kind of virulent, BOEHNER) for today and the balance of Foundation for the Centers for Disease Con- anti-Semitic remark from the Speaker the week on account of personal rea- trol and Prevention. of the parliament? The same Iraqi gov- sons. ernment that has a bilateral military f agreement with Iran. Does this say f ADJOURNMENT something about the policy of this ad- SPECIAL ORDERS GRANTED ministration that has enhanced the Mr. MEEK of Florida. Mr. Speaker, I power and influence of Iran in the re- By unanimous consent, permission to move that the House do now adjourn. gion, Iran by the way, who is the spon- address the House, following the legis- The motion was agreed to; accord- sor of Hamas and Hezbollah and we lative program and any special orders ingly (at midnight), under its previous know and the whole world knows what heretofore entered, was granted to: order, the House adjourned until today, is happening today in Lebanon and the (The following Members (at the re- Tuesday, July 18, 2006, at 9 a.m., for Gaza strip? quest of Mr. PALLONE) to revise and ex- morning hour debate. Ms. WASSERMAN SCHULTZ. So, in- tend their remarks and include extra- f stead of changing course and moving us neous material:) in a new direction, the Republicans Mr. PALLONE, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, want to continue to go in the direction Mrs. MCCARTHY, for 5 minutes, today. ETC. that we are continuing, that Ameri- Mr. DEFAZIO, for 5 minutes, today. Under clause 8 of rule XII, executive cans are so frustrated with. Mr. GEORGE MILLER of California, for communications were taken from the This very week they are going to 5 minutes, today. Speaker’s table and referred as follows: focus on the politics of distraction be- Mr. EMANUEL, for 5 minutes, today. 8562. A letter from the Secretary of the cause, as we shine a light on what is Ms. HERSETH, for 5 minutes, today. Navy, Department of Defense, transmitting really going on, then the American Mr. BISHOP of New York, for 5 min- notification that the Nunn-McCurdy Unit people would become even more frus- utes, today. Cost has breached the ‘‘Original’’ Acquisi- Ms. KAPTUR, for 5 minutes, today. tion Program Baseline (APB) for the en- trated than they already are. closed programs, pursuant to 10 U.S.C. Ms. JACKSON-LEE of Texas, for 5 min- Mr. Speaker, all of our charts in the 2433(e)(1); to the Committee on Armed Serv- 30 Something Working Group and the utes, today. ices. things we discussed tonight will be up Mr. ENGEL, for 5 minutes, today. 8563. A letter from the Under Secretary for on our Web site. People can log on to Mr. CLAY, for 5 minutes, today. Acquisitions, Technology and Logisitics, De- www.HouseDemocrats.gov/ (The following Members (at the re- partment of Defense, transmitting a report 30Something. We encourage the Mem- quest of Mr. POE) to revise and extend on the budgeting of the Department of De- bers to take a look at all the things we their remarks and include extraneous fense for the sustainment of key military have got up there, and I yield back to material:) equipment, pursuant to Public Law 109-163, section 361; to the Committee on Armed Mr. MCHENRY, for 5 minutes, today Mr. MEEK to close us out. Services. Mr. MEEK of Florida. Thank you so and July 18, 19, 20, and 21. 8564. A letter from the Chairman, Board of very much. I would like to thank Mr. Mr. BURTON of Indiana, for 5 minutes, Governors of the Federal Reserve System, DELAHUNT also and all the Members of today and July 18, 19, 20, and 21. transmitting the sixteenth annual report on the 30 Something Working Group for Mr. BURGESS, for 5 minutes, July 19. the Profitability of Credit Card Operations of coming together with an outstanding Mr. SOUDER, for 5 minutes, today and Depository Institutions, pursuant to 15 presentation tonight for the Members July 18 and 20. U.S.C. 1637 note. Public Law 100-583, section of the House. Mr. WELDON of Florida, for 5 minutes, 8 (102 Stat. 2969); to the Committee on Finan- today and July 18. cial Services. Mr. DELAHUNT. Where was Mr. 8565. A letter from the Chairman, Board of RYAN this evening? Mr. OSBORNE, for 5 minutes, today Governors of the Federal Reserve System, Mr. MEEK of Florida. I do not know. and July 18 and 19. transmitting the Ninety-Second Annual Re- We need to see what happened to Mr. Mr. GILCHREST, for 5 minutes, today port of the Board of Governors of the Federal RYAN tonight, but I am pretty sure and July 19. Reserve System covering operations during

VerDate Aug 31 2005 05:40 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.097 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5278 CONGRESSIONAL RECORD — HOUSE July 17, 2006 calendar year 2005; to the Committee on Fi- 8577. A letter from the Deputy Assistant Rule [Docket No. 060608158-6158-01; I.D. nancial Services. Administrator for Regulatory Programs, 051806E] (RIN: 0648-AU47) received June 26, 8566. A letter from the Assistant Secretary NMFS, National Oceanic and Atmospheric 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the for Legislative Affairs, Department of the Administration, transmitting the Adminis- Committee on Resources. Treasury, transmitting the Department’s tration’s final rule — Fisheries of the Carib- 8585. A letter from the Director, National status of the quardrennial report mandated bean; Gulf of Mexico, and South Atlantic; Oceanic and Atmospheric Administration, by Section 721 of the Defense Producation Gulf of Mexico Recreational Grouper Fishery transmitting the Administration’s 2005 re- Act of 1950, pursuant to 50 U.S.C. 2170(k); to Management Measures [Docket No. 060322083- port to Congress on the ‘‘The Status of U.S. the Committee on Financial Services. 6147-02; I.D. 032006C] (RIN: 0648-AU04) re- Fisheries’’; to the Committee on Resources. 8567. A letter from the Acting Chairman ceived July 6, 2006, pursuant to 5 U.S.C. 8586. A letter from the Acting Director, Of- and President, Export-Import Bank, trans- 801(a)(1)(A); to the Committee on Resources. fice of Sustainable Fisheries, NMFS, Na- mitting a report on transactions involving 8578. A letter from the Acting Deputy As- tional Oceanic and Atmospheric Administra- U.S. exports to Angola pursuant to Section sistant Administrator for Regulatory Pro- tion, transmitting the Administration’s final 2(b)(3) of the Export-Import Bank Act of 1945, grams, NMFS, National Oceanic and Atmos- rule — Fisheries of the Exclusive Economic as amended; to the Committee on Financial pheric Administration, transmitting the Ad- Zone Off Alaska; Yellowfin Sole by Vessels Services. ministration’s final rule — Fisheries of the Using Trawl Gear in Bering Sea and Aleutian 8568. A letter from the Acting Chairman Exclusive Economic Zone Off Alaska; Allo- Islands Management Area [Docket No. and President, Export-Import Bank, trans- cating Bering Sea and Aleutian Islands King 060216045-6045-01; I.D. 041906C] received May 3, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting a report on transactions involving and Tanner Crab Fishery Resources [Docket U.S. exports to Turkey pursuant to Section Committee on Resources. No. 060227052-6139-02; I.D. 021606B] (RIN: 0648- 8587. A letter from the Acting Director, Of- 2(b)(3) of the Export-Import Bank Act of 1945, AU06) received June 16, 2006, pursuant to 5 fice of Sustainable Fisheries, NMFS, Na- as amended; to the Committee on Financial U.S.C. 801(a)(1)(A); to the Committee on Re- tional Oceanic and Atmospheric Administra- Services. sources. tion, transmitting the Administration’s final 8569. A letter from the Acting Chairman 8579. A letter from the Acting Deputy As- rule — Fisheries of the Northeastern United and President, Export-Import Bank, trans- sistant Administrator for Regulatory Pro- States; Atlantic Mackeral, Squid, and mitting a report on transactions involving grams, NMFS, National Oceanic and Atmos- Butterfish Fisheries; Closure of the Quarter U.S. exports to Chile pursuant to Section pheric Administration, transmitting the Ad- II Fishery for Loligo Squid [Docket No. 2(b)(3) of the Export-Import Bank Act of 1945, ministration’s final rule — Fisheries of the 051209329-5329-01; I.D. 051806A] received June as amended; to the Committee on Financial Northeastern United States; Atlantic Sea 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to Services. Scallop Fishery; Framework 18 [Docket No. the Committee on Resources. 8570. A letter from the Director, Office of 060314069-6138-002; I.D. 030306B] (RIN: 0648- 8588. A letter from the Acting Director, Of- Management and Budget, transmitting a AT25) received June 16, 2006, pursuant to 5 fice of Sustainable Fisheries, NMFS, Na- supplemental update of the Budget for Fiscal U.S.C. 801(a)(1)(A); to the Committee on Re- tional Oceanic and Atmospheric Administra- Year 2007, pursuant to 31 U.S.C. 1106; (H. Doc. sources. tion, transmitting the Administration’s final No. 109-122); to the Committee on the Budget 8580. A letter from the Acting Deputy Ad- rule — Fisheries of the Exclusive Economic and ordered to be printed. ministrator for Regulatory Programs, Zone Off Alaska; Pacific Cod by Catcher Ves- 8571. A letter from the Acting Adminis- NMFS, National Oceanic and Atmospheric sels Less Than 60 ft. (18.3m) LOA Using Pot trator, National Highway Traffic Safety Ad- Administration, transmitting the Adminis- or Hook-and-Line Gear in the Bering Sea and ministration, Department of Commerce, tration’s final rule — NOAA Information Aleutian Islands Management Area [Docket transmitting the Department’s report on the Collection Requirements Under the Paper- No. 060216045-6045-01; I.D. 052206A] received activites to improve coordination and com- work Reduction Act; OMB Control Numbers; June 9, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); munication with respect to the implementa- Fisheries Off West Coast States; Fisheries in to the Committee on Resources. tion of E-911 services, pursuant to 47 U.S.C. the Western Pacific; Correction [Docket No. 8589. A letter from the Acting Director, Of- 942 Public Law 108-494, section 104; to the 060327086-6130-02; I.D. 032306A] (RIN: 0648- fice of Sustainable Fisheries, NMFS, Na- Committee on Energy and Commerce. AU21) received June 9, 2006, pursuant to 5 tional Oceanic and Atmospheric Administra- 8572. A letter from the Secretary, Depart- U.S.C. 801(a)(1)(A); to the Committee on Re- tion, transmitting the Administration’s final ment of Health and Human Services, trans- sources. rule — Fisheries Off West Coast States; Pa- mitting the Department’s report, pursuant 8581. A letter from the Assistant Adminis- cific Coast Groundfish Fishery; Suspension to section 101 of the Public Health Security trator for Fisheries, NMFS, National Oce- of the Primary Pacific Whiting Season for and Bioterrorism Preparedness and Response anic and Atmospheric Administration, trans- the Shore-based Sector South of 42 degrees Act of 2002; to the Committee on Energy and mitting the Administration’s final rule — North Latitude [Docket No. 060424110-6110-01; Commerce. Fisheries of the Caribbean, Gulf of Mexico, I.D. 052406B] received June 13, 2006, pursuant 8573. A letter from the Secretary, Depart- and South Atlantic; Coastal Migratory Pe- to 5 U.S.C. 801(a)(1)(A); to the Committee on ment of Education, transmitting the fifty- lagic Resources of the Gulf of Mexico and Resources. second Semiannual Report to Congress on South Atlantic; Reef Fish Fishery of the 8590. A letter from the Acting Director, Of- management decisions and final actions Gulf of Mexico; Limited Access Program for fice of Sustainable Fisheries, NMFS, Na- taken on audit recommendations, covering Gulf Charter Vessels and Headboats [Docket tional Oceanic and Atmospheric Administra- tion, transmitting the Administration’s final the period October 1, 2005 through March 31, No. 060216043-6123-02; I.D. 021306C] (RIN: 0648- rule — Fisheries of the Northeastern United 2006 in compliance with the Inspector Gen- AS70) received June 16, 2006, pursuant to 5 States; Tilefish Fishery; Quota Harvested for eral Act Amendments of 1988, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Re- Part-time Category [Docket No. 010319075- U.S.C. app. (Insp. Gen. Act) section 5(b); to sources. 1217-02; I.D. 032206A] received July 10, 2006, the Committee on Government Reform. 8582. A letter from the Assistant Adminis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8574. A letter from the Chief Administra- trator for Fisheries, NMFS, National Oce- tive Officer, transmitting the quarterly re- mittee on Resources. anic and Atmospheric Administration, trans- 8591. A letter from the Acting Director, Of- port of receipts and expenditures of appro- mitting the Administration’s final rule — fice of Sustainable Fisheries, NMFS, Na- priations and other funds for the period April Taking of Marine Mammals Incidental to tional Oceanic and Atmospheric Administra- 1, 2006 through June 30, 2006 as compiled by Commercial Fishing Operations; Bottlenose tion, transmitting the Administration’s final the Chief Administrative Officer, pursuant to Dolphin Take Reduction Plan Regulations; rule — Fisheries of the Exclusive Economic 2 U.S.C. 104a Public Law 88-454; (H. Doc. No. Sea Turtle Conservation; Restrictions to Zone Off Alaska; Yellowfin Sole in the Ber- 109-121); to the Committee on House Admin- Fishing Activities [Docket No. 040903253-5337- ing Sea and Aleutian Islands Management istration and ordered to be printed. 02; I.D. 081104H] (RIN: 0648-AR39) received Area [Docket No. 060216045-6045-01; I.D. 8575. A letter from the Secretary, Depart- June 8, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); 061506A] received July 6, 2006, pursuant to 5 ment of the Interior, transmitting notifica- to the Committee on Resources. U.S.C. 801(a)(1)(A); to the Committee on Re- tion of payments to eligible governments in 8583. A letter from the Assistant Adminis- sources. the State of Illinois for Fiscal Year 2006 trator for Fisheries, NMFS, National Oce- 8592. A letter from the Acting Director, Of- under the Payments in Lieu of Taxes (PILT) anic and Atmospheric Administration, trans- fice of Sustainable Fisheries, NMFS, Na- program; to the Committee on Resources. mitting the Administration’s final rule — tional Oceanic and Atmospheric Administra- 8576. A letter from the Deputy Assistant Fisheries of the Northeastern United States; tion, transmitting the Administration’s final Administrator for Operations, NMFS, Na- Monkfish Fishery [Docket No. 060315071-6101- rule — Fisheries of the Northeastern United tional Oceanic and Atmospheric Administra- 02; I.D. 030906C] (RIN: 0648-AT22) received States; Atlantic Bluefish Fishery; Quota tion, transmitting the Administration’s final May 3, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); Transfer [Docket No. 051104293-5344-02; I.D. rule — Fisheries of the Exclusive Economic to the Committee on Resources. 061206B] received July 6, 2006, pursuant to 5 Zone Off Alaska; Seasonal Closure of 8584. A letter from the Assistant Adminis- U.S.C. 801(a)(1)(A); to the Committee on Re- Chiniak Gully in the Gulf of Alaska to Trawl trator for Fisheries, NMFS, National Oce- sources. Fishing [Docket No. 060307059-6135-02; I.D. anic and Atmospheric Administration, trans- 8593. A letter from the Acting Director, Of- 030106B] (RIN: 0648-AU15) received June 9, mitting the Administration’s final rule — fice of Sustainable Fisheries, NMFS, Na- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Fisheries of the Northeastern United States; tional Oceanic and Atmospheric Administra- Committee on Resources. Atlantic Sea Scallop Fishery; Emergency tion, transmitting the Administration’s final

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JY7.000 H17JYPT1 ccoleman on PROD1PC71 with HOUSE July 17, 2006 CONGRESSIONAL RECORD — HOUSE H5279 rule — Fisheries of the Caribbean, Gulf of 8603. A letter from the Director, National testimony before the Financial Services Mexico, and South Atlantic; Reef Fish Fish- Legislative Commission, American Legion, Committee of the Chairperson or a designee ery of the Gulf of Mexico; Closure of the 2006 transmitting a copy of the Legion’s financial of the Chairperson of the Securities and Ex- Deep-Water Grouper Commercial Fishery statements as of December 31, 2005; to the change Commission, the Financial Account- [I.D. 060806E] received July 6, 2006, pursuant Committee on the Judiciary. ing Standards Board, and the Public Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on 8604. A letter from the Staff Director, pany Accounting Oversight Board, relating Resources. United States Commission on Civil Rights, to their efforts to promote transparency in 8594. A letter from the Acting Director, Of- transmitting notification that the Commis- financial reporting; with an amendment fice of Sustainable Fisheries, NMFS, Na- sion recently appointed members to the (Rept. 109–565). Referred to the Committee of tional Oceanic and Atmospheric Administra- Florida and Kentucky advisory committees; the Whole House on the State of the Union. tion, transmitting the Administration’s final to the Committee on the Judiciary. Mr. OXLEY: Committee on Financial Serv- rule — Magnuson-Stevens Fishery Conserva- 8605. A letter from the Staff Director, ices. H.R. 5068. A bill to reauthorize the oper- tion and Management Act Provisions; Fish- United States Sentancing Commission, ations of the Export-Import Bank, and to re- eries of the Northeastern United States; transmitting the Department’s report on the form certain operations of the Bank, and for Northeast Multispecies Fishery; Modifica- Impact of United States v. Booker on Fed- other purposes; with an amendment (Rept. tion of the Gear Retsrictions for the U.S./ eral Sentancing as required by S. Report. No. 109–566). Referred to the Committee of the Canada Management Area [Docket No. 109-109, which accompanied Pub. L. 109-115; Whole House on the State of the Union. 040112010-4114-02; I.D. 061306A] received July to the Committee on the Judiciary. Mr. POMBO: Committee on Resources. 6, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 8606. A letter from the Chairman and Gen- H.R. 5018. A bill to reauthorize the Magnu- the Committee on Resources. eral Counsel, Washington Legal Foundation, son-Stevens Fishery Conservation and Man- 8595. A letter from the Acting Director, Of- transmitting the Foundation’s 2005 Annual agement Act, and for other purposes; with an fice of Sustainable Fisheries, NMFS, Na- Report; to the Committee on the Judiciary. amendment (Rept. 109–567). Referred to the tional Oceanic and Atmospheric Administra- 8607. A letter from the Director, FEMA, Committee of the Whole House on the State tion, transmitting the Administration’s final Department of Homeland Security, transmit- of the Union. rule — Fisheries of the Exclusive Economic ting notification that funding under Title V, Mr. POMBO: Committee on Resources. Zone Off Alaska; Pacific Cod by Vessels subsection 503(b)(3) of the Robert T. Stafford H.R. 2925. A bill to amend the Reclamation Using Trawl Gear in Bering Sea and Aleutian Disaster Relief and Emergency Assistance States Emergency Drought Relief Act of 1991 Islands Management [Docket No. 060216045- Act, as amended, has exceeded $5 million for to extend the authority for drought assist- 6045-01; I.D. 060706B] received June 22, 2006, the response to the emergency declared as a ance; with an amendment (Rept. 109–568). Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- result the influx of evacuees from areas ferred to the Committee of the Whole House mittee on Resources. struck by Hurricane Katrina beginning on on the State of the Union. 8596. A letter from the Acting Director, Of- August 29, 2005 in the Commonwealth of Mas- Mr. YOUNG of Alaska: Committee on fice of Sustainable Fisheries, NMFS, Na- sachusetts, pursuant to 42 U.S.C. 5193; to the Transportation and Infrastructure. H.R. 5074. tional Oceanic and Atmospheric Administra- Committee on Transportation and Infra- A bill to amend the Railroad Retirement Act tion, transmitting the Administration’s final structure. of 1974 to provide for continued payment of rule — Fisheries of the Exclusive Economic 8608. A letter from the Assistant Secretary railroad retirement annuities by the Depart- Zone Off Alaska; Yellowfish Sole by Vessels for Civil Works, Department of the Army, ment of the Treasury, and for other purposes Using Trawl Gear in Bering Sea and Aleutian Department of Defense, transmitting the Ad- (Rept. 109–569). Referred to the Committee of Islands Management [Docket No. 060216045- ministration’s position on the budgeting of the Whole House on the State of the Union. 6045-01; I.D. 060706C] received June 22, 2006, the Arkansas River Navigation Study- Mr. YOUNG of Alaska: Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- McClellan-Kerr Arkansas River Navigation Transportation and Infrastructure. House mittee on Resources. System, Arkansas and Oklahoma; to the Concurrent Resolution 145. Resolution ex- 8597. A letter from the Acting Director, Of- Committee on Transportation and Infra- pressing the sense of Congress in support of fice of Sustainable Fisheries, NMFS, Na- structure. a national bike month and in appreciation of tional Oceanic and Atmospheric Administra- 8609. A letter from the Assistant Secretary cyclists and others for promoting bicycle tion, transmitting the Administration’s final for Legislative and Intergovernmental Af- safety and the benefits of cycling (Rept. 109– rule — Fisheries of the Economic Exclusive fairs, Department of Homeland Security, 570 Pt. 1). Referred to the House Calendar. Zone Off Alaska; Shallow-Water Species transmitting the Department’s annual re- Mr. OXLEY: Committee on Financial Serv- Fishery by Vessels Using Trawl Gear in the port regarding actions of foreign-flag vessels ices. H.R. 3043. A bill to authorize the Sec- Gulf of Alaska [Docket No. 060216044-6044-01; and their Flag Administrations for 2006; to retary of Housing and Urban Development to I.D. 060806A] received June 22, 2006, pursuant the Committee on Transportation and Infra- carry out a pilot program to insure zero- to 5 U.S.C. 801(a)(1)(A); to the Committee on structure. downpayment mortgages for one-unit resi- Resources. 8610. A letter from the Secretary, Depart- dences; with an amendment (Rept. 109–571). 8598. A letter from the Executive Director ment of Transportation, transmitting a re- Referred to the Committee of the Whole and Chief Executive Officer, American Chem- port entitled, ‘‘Fundamental Properties of House on the State of the Union. ical Society, transmitting the Society’s An- Asphalts and Modified Asphalts-II’’ sub- Mr. OXLEY: Committee on Financial Serv- nual Report and the Audited Finanical mitted in accordance with Section 6016(e) of ices. H.R. 5527. A bill to extend the authority Statements for the calendar year 2005, pursu- the Intermodal Surface Transportation Effi- of the Secretary of Housing and Urban De- ant to 36 U.S.C. 1101(2) and 1103; to the Com- ciency Act of 1991 (ISTEA), Pub. L. 102-240, velopment to restructure mortgages and mittee on the Judiciary. and Section 5117(b)(5) of the Transportation rental assistance for certain assisted multi- 8599. A letter from the Congressional Equity Act of the 21st Century (TEA-21) and family housing; with an amendment (Rept. Scouting Caucus, transmitting the 2005 Boy the extension of those provisions through FY 109–572). Referred to the Committee of the Scouts of America Annual Report; to the 2005; to the Committee on Transportation Whole House on the State of the Union. Committee on the Judiciary. and Infrastructure. Mr. GINGREY: Committee on Rules. House 8600. A letter from the Assistant Attorney Resolution 918. Resolution providing for con- f General, Department of Justice, transmit- sideration of the joint resolution (H.J. Res. ting the Department’s annual report on U.S. REPORTS OF COMMITTEES ON 88) proposing an amendment to the Constitu- Government Efforts to Combat Trafficking PUBLIC BILLS AND RESOLUTIONS tion of the United States relating to mar- in Persons in Fiscal Year 2005, pursuant to 22 riage (Rept. 109–573). Referred to the House U.S.C. 7103(d)(7); to the Committee on the Under clause 2 of rule XIII, reports of Calendar. Judiciary. committees were delivered to the Clerk Mr. THOMAS: Committee on Ways and 8601. A letter from the Assistant Attorney, for printing and reference to the proper Means. H.R. 5684. A bill to implement the Department of Justice, transmitting the De- calendar, as follows: United States-Oman Free Trade Agreement partment’s report providing an estimate of [Filed on July 14, 2006] (Rept. 109–574). Referred to the Committee of the dollar amount of claims (together with the Whole House on the State of the Union. Mr. SENSENBRENNER: Committee on the related fees and expenses of witnesses) that, Mr. SENSENBRENNER: Committee on the Judiciary. H.R. 4132. A bill to amend title 18, by reason of the acts or omissions of free Judiciary. H.R. 1956. A bill to regulate cer- United States Code, to provide penalties for clinic health professionals are paid for 2005, tain State taxation of interstate commerce; officers and employees of the Federal Bureau pursuant to 42 U.S.C. 233(o); to the Com- and for other purposes; with an amendment of Investigation who obtain knowledge of mittee on the Judiciary. (Rept. 109–575). Referred to the Committee of criminal conduct within the jurisdiction of 8602. A letter from the Attorney, National the Whole House on the State of the Union. Council on Radiation Protection and Meas- State and local prosecutors and fail to so in- Mr. SENSENBRENNER: Committee on the urements, transmitting the 2005 Annual Re- form those prosecutors; with an amendment Judiciary. H.R. 5323. A bill to require the port of independent auditors who have au- (Rept. 109–564). Referred to the Committee of Secretary of Homeland Security to provide dited the records of the National Council on the Whole House on the State of the Union. for ceremonies on or near Independence Day Radiation Protection and Measurements, [Filed on July 17, 2006] for administering oaths of allegiance to legal pursuant to 36 U.S.C. 10101(b)(1) and 150909; to Mr. OXLEY: Committee on Financial Serv- immigrants whose applications for natu- the Committee on the Judiciary. ices. H.R. 5024. A bill to require annual oral ralization have been approved (Rept. 109–576).

VerDate Aug 31 2005 04:29 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JY7.000 H17JYPT1 ccoleman on PROD1PC71 with HOUSE H5280 CONGRESSIONAL RECORD — HOUSE July 17, 2006 Referred to the Committee of the Whole Committee on the Budget, for a period to be of India; to the Committee on International House on the State of the Union. subsequently determined by the Speaker, in Relations. f each case for consideration of such provi- By Mr. SENSENBRENNER: sions as fall within the jurisdiction of the H. Res. 916. A resolution impeaching REPORTED BILL SEQUENTIALLY committee concerned. Manuel L. Real, judge of the United States REFERRED By Mr. KING of New York (for himself, District Court for the Central District of Mr. THOMPSON of Mississippi, Mr. California, for high crimes and mis- Under clause 2 of rule XII, bills and ROGERS of Alabama, and Mr. MEEK of demeanors; to the Committee on the Judici- reports were delivered to the Clerk for Florida): ary. printing, and bills referred as follows: H.R. 5814. A bill to authorize appropria- By Mr. FILNER: Mr. BARTON of Texas: Committee on En- tions for the Department of Homeland Secu- H. Res. 917. A resolution providing for the ergy and Commerce. H.R. 5337. A bill to en- rity, and for other purposes; to the Com- consideration of the bill (H.R. 23) to amend sure national security while promoting for- mittee on Homeland Security. title 46, United States Code, and title II of eign investment and the creation and main- By Mr. BROWN of South Carolina (for the Social Security Act to provide benefits tenance of jobs, to reform the process by himself and Mr. MICHAUD): to certain individuals who served in the which such investments are examined for H.R. 5815. A bill to authorize major med- United States merchant marine (including any effect they may have on national secu- ical facility projects and major medical fa- the Army Transport Service and the Naval rity, to establish the Committee on Foreign cility leases for the Department of Veterans Transport Service) during World War II; to Investment in the United States, and for Affairs for fiscal years 2006 and 2007, and for the Committee on Rules. other purposes, with an amendment; for a pe- other purposes; to the Committee on Vet- By Ms. NORTON: riod ending not later than July 17, 2006, erans’ Affairs. H. Res. 919. A resolution honoring Retired (Rept. 109–523, Pt. 2). Ordered to be printed. By Mr. FORD: Lieutenant Commander Wesley Anthony H.R. 5816. A bill to require budgeting for Brown for his historic achievement as the f ongoing military operations; to the Com- first African American graduate of the PUBLIC BILLS AND RESOLUTIONS mittee on the Budget. United States Naval Academy and paying By Mr. INSLEE (for himself and Mr. tribute on the occasion of July 4 to Wesley Under clause 2 of rule XII, public SIMPSON): Anthony Brown and other residents of the bills and resolutions were introduced H.R. 5817. A bill to adjust the boundary of Nation’s capital who have served in the and severally referred, as follows: the Minidoka Internment National Monu- armed forces and have continued to pay ment to include the Nidoto Nai Yoni Memo- By Mr. YOUNG of Alaska (for himself, taxes, both without representation in Con- rial in Bainbridge Island, Washington, and gress; to the Committee on Armed Services, Mr. OBERSTAR, Mr. PETRI, and Mr. for other purposes; to the Committee on Re- DEFAZIO): and in addition to the Committees on the Ju- sources. diciary, and Government Reform, for a pe- H.R. 5808. A bill to authorize the Secretary By Mr. KOLBE: of Transportation to make grants to public riod to be subsequently determined by the H.R. 5818. A bill to modernize the legal ten- Speaker, in each case for consideration of transportation agencies and over-the-road der of the United States, and for other pur- bus operators to improve security, and for such provisions as fall within the jurisdic- poses; to the Committee on Financial Serv- tion of the committee concerned. other purposes; to the Committee on Trans- ices, and in addition to the Committee on portation and Infrastructure. the Budget, for a period to be subsequently f By Ms. HART (for herself and Mr. determined by the Speaker, in each case for ADDITIONAL SPONSORS BAIRD): consideration of such provisions as fall with- H.R. 5809. A bill to amend the Internal Rev- in the jurisdiction of the committee con- Under clause 7 of rule XII, sponsors enue Code of 1986 to increase and extend the cerned. and resolutions as follows: energy efficient commercial buildings deduc- By Mr. NADLER: H.R. 97: Mrs. MYRICK. tion; to the Committee on Ways and Means. H.R. 5819. A bill to amend the Immigration H.R. 98: Mr. COSTA. By Mr. YOUNG of Alaska (for himself, and Nationality Act to exempt certain elder- H.R. 356: Mr. TURNER. Mr. OBERSTAR, Mr. DUNCAN, and Ms. ly persons from demonstrating an under- H.R. 567: Mr. STARK. DDIE ERNICE OHNSON E B J of Texas): standing of the English language and the his- H.R. 602: Mr. JINDAL. H.R. 5810. A bill to amend the Comprehen- tory, principles, and form of government of H.R. 892: Mr. YOUNG of Alaska. sive Environmental Response, Compensa- the United States as a requirement for natu- H.R. 952: Ms. WASSERMAN SCHULTZ. tion, and Liability Act of 1980 to authorize ralization, and to permit certain other elder- H.R. 1020: Mr. CAPUANO. funding for brownfields revitalization activi- ly persons to take the history and govern- H.R. 1131: Mr. STRICKLAND. ties and State response programs, and for ment examination in a language of their H.R. 1298: Mr. DENT. other purposes; to the Committee on Energy choice; to the Committee on the Judiciary. H.R. 1345: Mrs. JONES of Ohio. and Commerce, and in addition to the Com- By Mr. SWEENEY: H.R. 1384: Mr. NUSSLE. mittee on Transportation and Infrastruc- H.R. 5820. A bill to increase the security of H.R. 1578: Mr. BRADY of Pennsylvania and ture, for a period to be subsequently deter- sensitive data maintained by the Federal Mrs. MYRICK. mined by the Speaker, in each case for con- Government; to the Committee on Govern- H.R. 1658: Mr. GOODE. sideration of such provisions as fall within ment Reform. H.R. 1951: Mr. MCCRERY, Mr. CARDIN, Ms. the jurisdiction of the committee concerned. By Ms. WATSON: GINNY BROWN-WAITE of Florida, Mr. MORAN By Mr. YOUNG of Alaska (for himself, H.R. 5821. A bill to increase community of Virginia, Mr. BROWN of Ohio, Ms. PRYCE of Mr. OBERSTAR, Mr. LOBIONDO, and service by students at risk of education fail- Ohio, and Mr. ROSS. Mr. FILNER): ure and thereby reduce youth and gang vio- H.R. 2034: Mr. ROSS. H.R. 5811. A bill to implement the Protocol lence; to the Committee on Ways and Means, H.R. 2378: Mr. REHBERG. of 1997 to the International Convention for and in addition to the Committee on Edu- H.R. 2488: Mr. CLAY. the Prevention of Pollution from Ships, 1973, cation and the Workforce, for a period to be H.R. 2525: Mrs. MILLER of Michigan. and for other purposes; to the Committee on subsequently determined by the Speaker, in H.R. 2679: Mr. TIAHRT, Ms. FOXX, Mr. Transportation and Infrastructure. each case for consideration of such provi- SOUDER, Mr. BASS, Mr. CALVERT, and Mr. By Mr. YOUNG of Alaska (for himself, sions as fall within the jurisdiction of the CHABOT. Mr. OBERSTAR, Mr. SHUSTER, Ms. committee concerned. H.R. 3384: Mr. DENT. NORTON, Mr. BACHUS, Mr. BOEHLERT, By Mr. ACKERMAN (for himself, Ms. H.R. 3478: Ms. MILLENDER-MCDONALD and Mr. CHANDLER, Mr. DAVIS of Ten- ROS-LEHTINEN, Mr. LANTOS, Mr. Ms. SCHWARTZ of Pennsylvania. nessee, Mr. DUNCAN, Mr. HIGGINS, Mr. ROYCE, Ms. WATSON, Mr. MCCOTTER, H.R. 3949: Mr. VISCLOSKY. HOLDEN, Mr. KUHL of New York, and Mr. FALEOMAVAEGA, Mr. SOUDER, H.R. 4033: Ms. SCHWARTZ of Pennsylvania. Mr. RAHALL): Mrs. MALONEY, Mr. BURTON of Indi- H.R. 4264: Mr. SCOTT of Virginia and Mr. H.R. 5812. A bill to reauthorize and improve ana, Mr. BERMAN, Mr. SESSIONS, Mr. WEXLER. the program authorized by the Appalachian HOLT, Mr. SAXTON, Ms. MILLENDER- H.R. 4480: Mr. CHABOT and Mrs. MYRICK. Regional Development Act of 1965; to the MCDONALD, Ms. JACKSON-LEE of H.R. 4491: Mr. JEFFERSON. Committee on Transportation and Infra- Texas, Mr. MATHESON, Ms. BERKLEY, H.R. 4517: Mrs. CHRISTENSEN and Mr. DAVIS structure. Mr. PASCRELL, Mr. ENGEL, Mr. CHAN- of Illinois. By Mr. ROGERS of Alabama (for him- DLER, Mr. DAVIS of Florida, Mr. H.R. 4551: Ms. GINNY BROWN-WAITE of Flor- self and Mr. MEEK of Florida): SMITH of Washington, Mr. UDALL of ida. H.R. 5813. A bill to amend the Homeland Colorado, and Mr. BROWN of Ohio): H.R. 4618: Mr. SESSIONS. Security Act of 2002 to provide for improve- H. Res. 915. A resolution expressing the H.R. 4622: Mrs. LOWEY. ments in the management and operations of condolences of the House of Representatives H.R. 4747: Mr. OWENS, Mr. JEFFERSON, Mr. the Department of Homeland Security, and to the families and friends of the victims of FATTAH, Ms. HOOLEY, and Mr. OLVER. for other purposes; to the Committee on the July 11, 2006, terrorist bombings in H.R. 4829: Mr. WAMP. Homeland Security, and in addition to the Mumbai, India, and sympathy to the people H.R. 4857: Mr. YOUNG of Alaska.

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H.R. 4873: Mr. SABO. H.R. 5694: Ms. JACKSON-LEE of Texas. DER, Mr. MCCOTTER, Mr. ADERHOLT, Mr. H.R. 4913: Mr. CULBERSON. H.R. 5700: Mr. HERGER. FORBES, Mr. FOLEY, Mr. WU, Mr. DAVIS of H.R. 4953: Mr. MCHUGH and Ms. SLAUGHTER. H.R. 5704: Mr. MCHENRY, Mr. Tennessee, Mr. DAVIS of Florida, Ms. JACK- H.R. 4992: Mr. MORAN of Kansas and Mr. RUPPERSBERGER, Mr. BOUSTANY, and Mr. SON-LEE of Texas, Mr. WEXLER, Mr. SIMMONS, ETHERIDGE. PAYNE. Mr. SHERMAN, Mr. BARTON of Texas, Mr. GOR- H.R. 5139: Mrs. BIGGERT. H.R. 5706: Ms. BALDWIN. DON, Mr. MOLLOHAN, Mr. UDALL of Colorado, H.R. 5159: Mr. AKIN. H.R. 5714: Mr. MEEK of Florida, Mr. NAD- Mr. LIPINSKI, Mr. GARY G. MILLER of Cali- H.R. 5182: Ms. BALDWIN, Ms. SCHWARTZ of LER, Ms. LEE, Mr. BROWN of Ohio, and Mr. fornia, Mr. CAMPBELL of California, and Ms. Pennsylvania, Mr. ISTOOK, Mr. LATOURETTE, CUMMINGS. WASSERMAN SCHULTZ. and Mr. GOODLATTE. H.R. 5719: Mr. AKIN, Mr. KLINE, Ms. FOXX, H.R. 5211: Mr. MILLER of Florida and Mr. H. Res. 765: Mr. BROWN of Ohio. Mr. SOUDER, Mr. MURPHY, Mr. SMITH of New ISSA. Jersey, Mr. PICKERING, and Mr. PITTS. H. Res. 773: Mr. ANDREWS. H.R. 5249: Mr. CULBERSON, Mr. GILLMOR, H.R. 5731: Mr. STARK, Mr. MEEK of Florida, and Mr. ROYCE. H. Res. 871: Mr. CAMPBELL of California, ORTON H.R. 5250: Mr. GUTIERREZ. and Ms. N . Mr. STRICKLAND, Mr. FOLEY, Mrs. SCHMIDT, H.R. 5262: Mr. CALVERT. H.R. 5755: Mr. ETHERIDGE, Ms. GINNY and Mr. UPTON. H.R. 5337: Mr. TERRY. BROWN-WAITE of Florida, Mr. EDWARDS, Mr. H. Res. 905: Mr. CANNON, Mr. STARK, and H.R. 5371: Mr. PAYNE. BROWN of Ohio, Mr. CROWLEY, Mrs. H.R. 5382: Mr. MILLER of North Carolina. TAUSCHER, and Ms. MCCOLLUM of Minnesota. Mr. KUCINICH. H.R. 5436: Mr. PAYNE, Mr. BROWN of Ohio, H.R. 5771: Ms. SCHAKOWSKY, Mr. OWENS, Mr. H. Res. 908: Mr. NEAL of Massachusetts, Mr. Ms. JACKSON-LEE of Texas, Ms. BORDALLO, PAYNE, Ms. HERSETH, Ms. MATSUI, Mr. LEWIS BISHOP of New York, Mr. GALLEGLY, Mr. Mr. EVANS, Mr. RANGEL, and Ms. WOOLSEY. of Georgia, Mr. NEAL of Massachusetts, Mr. DOYLE, Mr. GERLACH, and Mr. MANZULLO. H.R. 5444: Mr. ENGEL. WAXMAN, Mr. BROWN of Ohio, Ms. JACKSON- H. Res. 911: Mr. MANZULLO, Mr. H.R. 5465: Ms. MCKINNEY, Ms. BALDWIN, Mr. LEE of Texas, Mr. MORAN of Virginia, Ms. BUTTERFIELD, Mr. INSLEE, Mr. BARROW, Mr. WEXLER, and Mr. BOUSTANY. LEE, and Mr. CONYERS. CARDIN, Mr. PENCE, Mr. MCNULTY, Mr. H.R. 5468: Mr. FEENEY. H.R. 5772: Mr. SHERWOOD, Mr. SHIMKUS, Mr. HOYER, Mr. JOHNSON of Illinois, Ms. HOOLEY, H.R. 5475: Mr. PAUL. MELANCON, and Mr. BACHUS. Ms. BEAN, Mr. FRANK of Massachusetts, Mr. H.R. 5483: Mr. RAMSTAD. H.R. 5785: Mr. MANZULLO. H.R. 5526: Mr. PETRI, Mr. DANIEL E. LUN- FARR, Ms. PELOSI, Mr. MELANCON, Mr. KING H.R. 5805: Mrs. NAPOLITANO. GREN of California, and Mr. PICKERING. of New York, Mr. SMITH of Washington, Mr. H.J. Res. 88: Mr. BOUSTANY, Mr. CALVERT, H.R. 5533: Mrs. CAPPS. PAYNE, Mr. EDWARDS, Mrs. MYRICK, and Mr. Mr. BILBRAY, and Mr. RENZI. H.R. 5536: Mr. SCHWARZ of Michigan. VAN HOLLEN. H.J. Res. 90: Mr. RYAN of Ohio. H.R. 5562: Ms. BERKLEY. H. Res. 912: Mr. FORTENBERRY, Mrs. JOHN- H.R. 5583: Mr. HINCHEY, Mr. MILLER of H. Con. Res. 340: Mr. DEFAZIO and Mr. WAL- SON of Connecticut, Mr. EHLERS, Mr. North Carolina, Ms. VELA´ ZQUEZ, and Ms. DEN of Oregon. HENSARLING, Mr. BURTON of Indiana, Mr. WASSERMAN SCHULTZ. H. Con. Res. 346: Mr. SULLIVAN. H.R. 5602: Mr. SHAYS and Mr. CALVERT. H. Con. Res. 347: Mr. SHAYS. HINOJOSA, Mr. DOYLE, Ms. BEAN, Mr. H.R. 5623: Mr. GRIJALVA. H. Con. Res. 439: Mr. BROWN of Ohio, Ms. GILCHREST, Mr. PORTER, Mr. JONES of North H.R. 5624: Mr. PETERSON of Pennsylvania, JACKSON-LEE of Texas, Mr. CONYERS, and Mr. Carolina, Mr. LEACH, Mr. SHAYS, Mr. MAN- Mr. CALVERT, and Mr. NORWOOD. MCINTYRE. ZULLO, Mr. GARRETT of New Jersey, Mr. H.R. 5637: Mr. CAMPBELL of California. H. Con. Res. 448: Mr. NEUGEBAUER, Mr. PAYNE, Mr. ISRAEL, Mr. FRANK of Massachu- H.R. 5682: Mr. CARTER, Mr. BONILLA, Mr. CULBERSON, Mr. WELDON of Pennsylvania, setts, Mr. BACHUS, Ms. PRYCE of Ohio, Mrs. FOLEY, Mr. SAM JOHNSON of Texas, and Mr. Mr. FEENEY, Mr. MELANCON, Mr. MCCAUL of MALONEY, Mr. PUTNAM, Mrs. KELLY, Mr. LINDER. Texas, Ms. BORDALLO, Mr. CRAMER, Mr. SNY- DAVIS of Kentucky, and Mr. GERLACH.

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Vol. 152 WASHINGTON, MONDAY, JULY 17, 2006 No. 93 Senate The Senate met at 12 noon and was Mr. BENNETT thereupon assumed issues surrounding stem cell research called to order by the Honorable ROB- the chair as Acting President pro tem- and discussing a total of three bills ERT F. BENNETT, a Senator from the pore. over the course of 48 hours. Our discus- State of Utah. f sion over the next 2 days will focus on science and on ethics and how science PRAYER RESERVATION OF LEADER TIME and ethics interplay. The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- Science: We are in a remarkable era fered the following prayer: pore. Under the previous order, the of exciting and rapidly accelerating ad- Eternal Lord God, our hope for years leadership time is reserved. vances in developmental biology. New to come, make us today a channel f doors of exploration have been thrown through which Your love and grace wide open by the Human Genome may flow. Empower us to live exem- MORNING BUSINESS Project and by our new knowledge and plary lives that will compel others to The ACTING PRESIDENT pro tem- our new understanding of molecular glorify You. When we confront adver- pore. Under the previous order, there and cellular mechanisms. Some have saries, give us love and forbearance. will now be a period for the transaction called this 21st century the century of Strengthen us to go beyond the min- of morning business until 12:30 p.m., cells—a century that will explode with imum in service to others. with the time equally divided. regenerative medicine so that heart Inspire our Senators with Your pres- f surgeon BILL FRIST will no longer have ence. Teach them to press their weak- to cut out a diseased heart and replace nesses close to Your strength, that RECOGNITION OF THE MAJORITY that diseased heart with a healthy they may find light in darkness, cour- LEADER heart but would rather treat a patient age for life’s battles, and endurance for The ACTING PRESIDENT pro tem- with cells requiring no surgery. life’s pains. pore. The majority leader is recog- We are going to be discussing ethics. We pray in Your holy Name. Amen. nized. Although not easy, we do have to con- f f front head-on the difficult issues PLEDGE OF ALLEGIANCE around life’s beginnings, all of which SCHEDULE have large scientific, moral, and reli- The Honorable ROBERT F. BENNETT Mr. FRIST. Mr. President, today the gious implications. The rapidly ad- led the Pledge of Allegiance, as follows: Senate will conduct a period of morn- vancing science has taken us to today’s I pledge allegiance to the Flag of the ing business with the time equally di- debate. United States of America, and to the Repub- vided until 12:30. At 12:30, we will begin As we will see in our discussions on lic for which it stands, one nation under God, indivisible, with liberty and justice for all. the debate on the three bills related to the floor of the Senate, it is safe to say stem cell research, and we will have de- that no scientific issue is more divisive f bate throughout the day and tomorrow, today than this discussion surrounding APPOINTMENT OF ACTING with the time alternating between the stem cells. As others have said, you PRESIDENT PRO TEMPORE majority and minority in 30-minute in- can’t do an end run around all of these The PRESIDING OFFICER. The crements, and then proceed to stacked ethical challenges. They are before us, clerk will please read a communication votes tomorrow afternoon at 3:45. Each and they are going to come with in- to the Senate from the President pro of these votes will require 60 votes for creasing frequency with advancing tempore (Mr. STEVENS). passage. The votes on Tuesday will be science. Our responsibility as policy- The assistant legislative clerk read the first votes of the week. makers is, through deliberation and the following letter: On Friday, we were able to reach an through dialog and through debate, to U.S. SENATE, agreement on the Water Resources De- frame those moral principles which PRESIDENT PRO TEMPORE, velopment Act, and Chairman INHOFE protect and defend human dignity and Washington, DC, July 17, 2006. will be managing the floor consider- promote scientific advances and med- To the Senate: ation of that bill on Tuesday and ical applications that will lead to heal- Under the provisions of rule I, paragraph 3, Wednesday. ing. of the Standing Rules of the Senate, I hereby In the last century, we faced ethical appoint the Honorable ROBERT F. BENNETT, a f controversies over organ transplan- Senator from the State of Utah, to perform STEM CELL RESEARCH the duties of the Chair. tation, my field: Who would receive a TED STEVENS, Mr. FRIST. Mr. President, over the scarce organ? What are the criteria to President pro tempore. next 2 days we will be discussing the determine brain death? We had ethical

∑ 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 Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7568 CONGRESSIONAL RECORD — SENATE July 17, 2006 discussions and ethical controversies This bill would fund alternative The ACTING PRESIDENT pro tem- over blood transfusions: Who receives methods of potentially deriving pore. The Senator is correct. blood transfusions? What are the indi- pluripotent stem cells, including ex- Mr. KYL. Mr. President, I ask unani- cations? We also faced ethical dilem- tracting from embryos that are no mous consent to speak for 3 minutes. mas over genetic therapy. longer living, nonlethal and nonharm- The ACTING PRESIDENT pro tem- Well, the 21st century, the current ful extraction from embryos; extrac- pore. Without objection, it is so or- century, brings even more profound tion from artificially created orga- dered. ethical questions, and they are going nisms that are not embryos but are to come with increasing frequency. embryo-like; and reprogramming adult f How we and humanity handle our gath- cells to a pluripotent state through fu- ering control over these mysteries of sion with embryonic cell lines. There is ISRAEL cell development and embryo develop- no reason this legislation shouldn’t Mr. KYL. Mr. President, I rise again ment will reflect who we are as a peo- gather the support of every Member of today to discuss the situation in the ple and where we are going. this body. It should unify us. Middle East where our Israeli allies are Today, the Senate will begin debate The second bill we will consider is fighting unprovoked aggression by a on these three important pieces of leg- the Fetus Farming Prohibition Act of terrorist army on their border. To islation: the Alternative Pluripotent 2006. Specifically, the bill prohibits the date, over 1,000 rockets and missiles Stem Cell Therapies Enhancement Act, implantation and gestation of an em- have been fired into Israel, killing from Senators SANTORUM and SPECTER; bryo in a human or animal for the pur- more than a dozen civilians. It was es- the Fetus Farming Prohibition Act of pose of aborting for research—the man- pecially disturbing to hear that the ufacture of human life for experi- 2006, Senators SANTORUM and missile which collapsed a three-story mental purposes. Senators BROWNBACK BROWNBACK; and the Stem Cell Re- building in Haifa earlier today was a and SANTORUM have proposed legisla- search Enhancement Act, the so- Syrian model, loaded with ball bear- tion that would draw a clear line which called—in the House—Castle-DeGette ings to cause maximum civilian casual- should not be crossed. This is a for- bill, and in the Senate, the Specter- ties. ward-leaning pro-life bill, a moral Hatch bill. At a time when one of our closest al- guardrail in place before any induce- Many of my colleagues have, like me, lies is threatened by indiscriminate at- spent hours grappling with these ment exists to promote it. Shortly after I originally outlined tacks on its population centers and our issues: the future of stem cell research, President and Secretary of State are how we balance pro-life positions with my principles 5 years ago, President Bush announced his policy on embry- overseas, it is incumbent on this body the potential for new life and health of- to remain united in standing behind fered by stem cell research. There is, onic stem cell research. It federally funded embryonic stem cell research Israel. I am pleased that the leadership perhaps, an inclination to avoid such is drafting a resolution expressing bi- difficult issues, to ignore them and to for the first time. It did so within an ethical framework, and it showed re- partisan condemnation of Hezbollah’s let others debate, but I have come to attacks and in support of Israel’s right realize we must participate in defining spect for human life. President Bush and I do not differ to respond in the name of self-defense. research surrounding the culture of about the need for strong guidelines I am pleased that our allies, too, un- life. If not, it will define us. governing stem cell research. His pol- derstand the grave nature of this crisis Five years ago, on July 18, 2001, I icy was generally consistent with the and its origins. The joint statement re- came to the Chamber and laid out a principles I set forth a month before leased over the weekend by the G8 comprehensive proposal to promote his announcement back in 2001. How- states unequivocally that this violence: stem cell research within an ethical ever, as science has progressed over the Results from efforts by extremist forces to framework. I proposed 10 specific inter- last 5 years, we have learned that fewer destabilize the region and to frustrate the dependent principles. I also said that than the anticipated number of cell aspirations of the Palestinian, Israeli, and policymakers and the public must reas- lines have proved suitable for research, Lebanese people for democracy and peace. sess on an ongoing basis the research and I think the limit on cell lines These extremist elements and those that and the circumstances under which it support them cannot be allowed to plunge available for federally funded research is conducted because science will con- the Middle East into chaos, and a wider con- is too restrictive. flict. tinue to advance. As the 21st century H.R. 810, the Stem Cell Research En- progresses and as science—develop- hancement Act, addresses this restric- Even some Arab governments, in- mental biology—advances, we will con- tion in our current policy. It has many cluding Saudi Arabia, Egypt, and Jor- tinually face moral and ethical chal- shortcomings, but it is clearly con- dan, took the commendable step of lenges. It is our responsibility, as indi- sistent with my fifth principle on stem chastising Hezbollah for its ‘‘unex- viduals and as a body politic, to reas- cell research: ‘‘Provide funding for em- pected, inappropriate, and irrespon- sess the constructs governing bio- bryonic stem cell research only from sible acts.’’ medical research. It will define us. blastocysts that would otherwise be In light of the chaos being precip- That is why I brought cord legislation discarded.’’ In fact, the bill applies itated by Hezbollah’s rocket and mis- to the floor earlier in the year, and it what I proposed in 2001 verbatim. It al- sile capability—a capability being pro- was passed. lows Federal funding for research using vided directly to Hezbollah by the gov- As I said then and as I believe now, only those embryonic stem cells de- ernments of Syria and Iran—I thought we must also do all we can to pursue rived from blastocysts that are left it would be appropriate to take a mo- other alternative strategies that will over after in vitro fertilization and ment today to talk about how that hold potential for developing pluri- would otherwise be discarded. threat can be addressed. The estimated potent stem cell lines without dam- Mr. President, in closing, all three of 13,000 missiles currently in Hezbollah’s aging or destroying nascent human the bills the Senate will address begin- arsenal are hidden throughout South- life. That is why, in the package before ning at 12:30 today will raise profound ern Lebanon, in private homes, caves, us today, I have asked the Senate to ethical questions that are challenging. and factories. At present, the only way consider legislation to enhance support They merit serious dialogue, and they to destroy these systems is to search for alternatives to embryonic stem cell merit serious debate. That is why I am them out on foot—a risky and poten- research. I am extremely pleased that pleased that on an issue of this mag- tially provocative solution. Alter- Senator SANTORUM and Senator SPEC- nitude, Senators will have the oppor- natively, Israeli forces can strike at TER worked together to craft the Alter- tunity over the next 2 days to have missile launchers after they have fired, native Pluripotent Stem Cell Therapies their ideas considered and voted on meaning that at least one salvo will al- Enhancement Act. Their bill is similar separately and cleanly. ready be en route. It would be a vast to legislation I worked on with Senator Mr. President, I yield the floor. improvement if Israel had the option of ISAKSON and others of our colleagues Mr. KYL. Mr. President, am I correct neutralizing the Hezbollah threat last year, and I encourage every Sen- that we are now in a period of morning through defensive, rather than offen- ator to support it. business? sive means.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7569 Israel currently has access to Patriot hour of 12:30 having arrived, the Senate licitation or acceptance of human fetal and Arrow missile defense tech- will proceed to the consideration of S. tissue knowing that a pregnancy was nologies, great systems which are crit- 3504, S. 2754, and H.R. 810, en bloc, deliberately initiated to provide such ical for defending against longer-range which the clerk will report. tissue and the solicitation or accept- missiles, but poorly suited to defend The legislative clerk read as follows: ance of tissues or cells from a human Israeli territory from the types of A bill (H.R. 810) to amend the Public embryo or fetus that was gestated in rockets and missiles currently being Health Service Act to provide for human em- the uterus of a nonhuman animal. I be- fired by Hezbollah. bryonic stem cell research. lieve there will be no contest about It is for this reason that I support the A bill (S. 3504) to amend the Public Health that. U.S. Missile Defense Agency efforts—in Service Act to prohibit the solicitation or I expect relatively little contest cooperation with the Israeli Missile acceptance of tissue from fetuses gestated for research purposes, and for other pur- about S. 2754, which does not in any Defense Organization—to develop a poses. way relate to the importance of re- system for short-range missile defense. A bill (S. 2754) to derive human pluripotent search on embryonic stem cells. Aimed at projectiles with a range of stem cell lines using techniques that do not The embryonic stem cells are used less than 200 kilometers, this system knowingly harm embryos. from many embryos which have been would provide Israel with another way Mr. SPECTER. Mr. President, I ask created for in vitro fertilization. Cus- to defend itself, rather than having to unanimous consent that I may use this tomarily, a dozen or so are created, rely exclusively on offensive action. It hourglass during the course of the de- maybe three or four are used, and the is propitious that the Defense Appro- bate. others are then frozen and ultimately priations Committee is marking up its The ACTING PRESIDENT pro tem- will be discarded. There are some bill this week. For more than a year, I pore. Without objection, it is so or- 400,000 of those embryos which are fro- have worked with Senators STEVENS dered. zen today, and the likelihood of their and INOUYE to support the short-range Mr. SPECTER. Mr. President, it is being used is nil. missile defense program. Under their difficult to characterize the impor- Senator HARKIN and I introduced leg- leadership, I believe that the com- tance of the debate which the Senate is islation to provide for Federal funding mittee will provide the investment now beginning because the most funda- to encourage adoption of these em- necessary to accelerate fielding of the mental aspect of human life is our bryos. If they could be used to create system. Unfortunately, the need for a health. Without our health, there is human life, I would not in the remotest redoubled effort is now clearer than nothing we can do. Medical research way contend that they ought to be used ever. has performed wonders, and stem cells, for scientific research. But the fact is We still do not know how the current which came upon the scene in Novem- that they will either be used for sci- crisis is going to end. What we can and ber of 1998, have the most remarkable entific research or thrown away. When the issue of adoption was should say, however, is that Israel has potential of any scientific discovery raised, as I say, we took the lead in the the full support of this body in its on- ever made with respect to human Labor, Health and Human Services, going efforts to fight terrorists, protect health. These stem cells have the ca- and Education Subcommittee in the its citizens, and create the cir- pacity to regenerate disease cells in year 2002 and appropriated $1 million cumstances for peaceful coexistence the human body and have the capacity and since then have appropriated more with Lebanon, and all of its neighbors. to cure maladies of all sorts, including f in succeeding years. cancer, heart disease, Parkinson’s, Alz- As of May 31, 2006, the Snow Flake ORDER FOR STAR PRINT—H.R. 5672 heimer’s, spinal cord—the long litany Organization, one of the Department of Mr. KYL. Mr. President, I ask unani- of maladies which confront mankind. Health and Human Services’ embryonic mous consent that H.R. 5672 be star The stem cell debate began with the adoption grantees, had a news con- printed. hearings conducted by the Appropria- ference announcing that there had been The ACTING PRESIDING pro tem- tions Subcommittee on Labor, Health 100 births since 1997. As of May 31, 2006, pore. Without objection, it is so or- and Human Services, which I chair and the National Embryo Donation Center dered. on which Senator TOM HARKIN is rank- had a total of 28 deliveries or ongoing Mr. KYL. Mr. President, I suggest the ing member. We began those hearings pregnancies. Out of the 400,000, even absence of a quorum. within days of the November 1998 an- with Federal funding available to en- The ACTING PRESIDING pro tem- nouncement and have had some 18 courage adoption, the number is 128, pore. The clerk will call the roll. hearings on stem cells to explore all which makes it conclusive that these The assistant legislative clerk pro- ramifications of the potential of stem 400,000 embryos will either be used for ceeded to call the roll. cells. scientific research or thrown away. Mr. SPECTER. Mr. President, I ask There is now an avalanche of evi- The bill which Senator HARKIN and I unanimous consent that the order for dence that the use of stem cells in sci- have introduced is very carefully struc- the quorum call be dispensed with. entific research has boundless poten- tured to be sure that it satisfies the The ACTING PRESIDENT pro tem- tial. The state of the law is that federal strictest ethical scrutiny. pore. Without objection, it is so or- funding may only be used for a limited This is the essence of the bill: first, dered. number of obsolete stem cell lines. that the stem cells were originally cre- f The bill which is the fundamental ated for fertility treatment purposes; issue before the Senate today is H.R. CONCLUSION OF MORNING second, are in excess of the clinical 810, which Senator HARKIN and I intro- BUSINESS need; third, the individual seeking fer- duced as a Senate bill with some 42 co- tility treatments for whom the em- The ACTING PRESIDENT pro tem- sponsors, which would allow research bryos were created has determined that pore. Morning business is closed. on embryonic stem cells. the embryos will not be implanted in a f There are two other bills at issue. woman; fourth, they will be otherwise FETUS FARMING PROHIBITION One is S. 2754 which Senator SANTORUM discarded; and fifth, the individual for ACT OF 2006 and I have introduced which relates to whom embryos were created has pro- long-range research not involving the vided written consent for embryo adop- embryos, but it is totally separate and tion. ALTERNATIVE PLURIPOTENT distinct from H.R. 810 in that it does This bill does not allow Federal funds STEM CELL THERAPIES EN- not have the potential that the embry- to be used for the derogation of stem HANCEMENT ACT onic stem cells have and it is long cell lines, a step in the process where range. the embryo is destroyed—the lines are The third bill is S. 3504 which relates created and the embryos are destroyed STEM CELL RESEARCH to fetus farming prohibition, and I be- before they are subjected to research ENHANCEMENT ACT OF 2005 lieve there will be little controversy which is funded by the Federal Govern- The ACTING PRESIDENT pro tem- about this bill. The bill would deal ment under the bill which Senator pore. Under the previous order, the with two unethical activities—the so- HARKIN and I are promoting.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7570 CONGRESSIONAL RECORD — SENATE July 17, 2006 The evidence of the utility of these Aging Institute; by Dr. Li, director of lion Americans a year. We all know embryonic stem cells is unquestioned, the Alcohol Abuse Institute; by Dr. people close to us who have been and the need for more stem cell lines Alving, acting director of the Center stricken with cancer or heart failure. similarly is unquestioned. for Research Resources. All concur My own chief of staff, Carey Lackman, On August 9, 2001, President Bush with the need for additional stem cell a beautiful young woman of 48, was made an Executive determination to lines for research in dealing with the stricken with breast cancer and died 2 allow Federal research on some 60 ex- maladies in their own particular area. years ago. My son’s law partner, Paula isting stem cell lines. It was later de- By way of a strictly personal note, I Klein, a beautiful woman with two termined that there might be as many had a little root canal work done this young children, age 55, died of breast as 70 lines. It has since been deter- morning. The dentist asked me what cancer. A Federal judge, Edward R. mined that there are no more than 20 was going on in the Senate today. I Becker, well known to the Senate for lines, and perhaps even fewer. These told him about stem cell research. He his active work for more than 2 years existing lines are tainted with mouse said: I hope you win your case because on asbestos legislation, died in May feeder cells, which is a technical con- it will help us on root canal work. The 2006 from prostate cancer which had sideration that they can’t be used. embryonic stem cells can be injected metastasized. Those are anecdotal, typ- The experts in the field: Dr. Nabel, into the canal with the diseased tissue, ical of tens of thousands, hundreds of Director of the National Institutes of and you can have a third set of teeth. thousands of people who have died or Health (NIH) Heart, Lung, and Blood Wherever I turn, people in the med- are incapacitated from diseases which Institute, focused on the unavailability ical research field—and I regret I have could be cured with stem cell research. of stem cells for research, noting that had a lot contacts—extol the enormous It is not only the individuals who con- only four stem cell lines are currently virtues of stem cells—that they have tract the maladies, it is their families. in common use. the capacity to replace diseased cells. It is their loved ones. The enormous advantages of stem If you deal with a heart problem and President Reagan’s wife, Mrs. Nancy cells were outlined in some detail by you have a diseased area, the stem Reagan, who is a very nonpublic retir- the various Directors of the NIH. cells can be injected. These embryonic ing person, has taken a public stand in Dr. Zerhouni, Director, NIH, said: stem cells have remarkable flexibility support of embryonic stem cell re- Embryonic stem cell research holds great and capacity to provide a healthy cell search because of the understanding promise for treating, curing, and improving to replace the diseased cell. and impact on her life when President our understanding of disease, as well as re- We have had remarkable articulation Reagan had Alzheimer’s and she had to vealing important basic mechanisms in- of support from Members of the Senate, volved in cell differentiation and develop- care for and watch her husband suffer ment. as well as Members of the U.S. House of from that malady. We have had very Representatives. The House bill was Dr. Fauci, Director of the National extensive indicators, evidence, that passed with a comfortable margin, with Institute of Allergy and Infectious Dis- stem cell research could delay the some 50 Republicans crossing party eases, said: onset of Alzheimer’s and, perhaps, cure lines. In the Senate, we have many it entirely. NIAID believes that embryonic stem cell Senators who are most actively known research could be advanced by the avail- The conflict which we have on this ability of additional cell lines. Individual in the pro-life community, and while issue between ideology and science is stem cell lines have unique properties. Thus, they would not make a woman’s right one which mankind has faced repeat- we may be limiting our ability to achieve to choose available, they do actively edly in the course of our historical ex- the full range of potential therapeutic appli- support stem cell research. It is impor- perience. A century from now, people cations of embryonic stem cells by restrict- tant to focus on the difference that will look back at this debate on stem ing research to the relatively small number being against a woman’s right to cell research and wonder how we can- of lines currently available. choose has nothing to do with the issue not possibly utilize all of the benefits Dr. Battey, Director of the Deafness of stem cell research. They are entirely of science to stop people from dying, to Institute, said: separate. stop people from suffering, when we The more stem cell lines available for Authors of the June 4, 2004, letter to have these embryos which are either study the more likely a cell line will be the President on stem cell research in- going to be thrown away or used. They maximally useful for a given research, and clude some of the strongest pro-life are not going to create living people. If potentially clinical, application . . . the sci- Senators in our body, including Sen- entific community would be best served by they were, no one would be suggesting having a greater number of human embry- ator ORRIN HATCH, Senator GORDON they be used for scientific research. onic stem cell lines available for study. SMITH, Senator LAMAR ALEXANDER, There are a number of striking exam- Dr. Nabel, the director of the Heart, Senator THAD COCHRAN, Senator KAY ples of rejection of scientific knowl- Lung, and Blood Institute, said: BAILEY HUTCHISON, Senator TRENT edge at various stages in our human LOTT, Senator JOHN MCCAIN, and Sen- history which, in retrospect, are ab- . . . we recognize that the limitations of existing cell lines are hindering scientific ator JOHN WARNER. There is every ex- surd. For example, in 1486, a committee progress among a community that is very pectation there will be more Senators of the Spanish Government concluded eager to move forward in this promising from the strong pro-life community that the voyage proposed by Chris- area. We support the creation of dissemina- who will be supporting embryonic stem topher Columbus should not be funded tion of newer stem cell lines in the expecta- cell research. because ‘‘the Western Ocean is infinite tion that it will advance this field and has- We have support from two of our col- and perhaps unnavigable . . . [and] . . . ten progress in basic and clinical research. leagues who were very active on the so many centuries after the Creation, Similar opinions were articulated by pro-life side, former Senator John Dan- it was unlikely anyone could find hith- Dr. Tabak, director of the Dental Insti- forth and former Senator Ben erto unknown lands of any value.’’ tute; by Dr. Volkow, director of the Nighthorse Campbell. Fortunately, Queen Isabella, dis- National Institute of Drug Abuse; by On the strictly personal level, I have agreed. Dr. Collins of the Human Genome In- noted the declaration by President Galileo was imprisoned for his sup- stitute; by Dr. Neiderhuber, director of Nixon in 1970 when he declared war on port of Copernicus’ theory that the the Cancer Institute; by Dr. Rodgers, cancer. Had that war been pursued with planets revolved around the Sun. This acting director of the Diabetes and Di- the same diligence we pursue other allowed the acceptance of a theory gestive Disease Institute; by Dr. Lan- wars, I believe cancer would long ago upon which all of modern astronomy dis, director of the Neurology Insti- have been cured. Without unduly dwell- and space travel are based and what we tute; by Dr. Berg, director of the Gen- ing on my own situation with Hodg- know from our own experience in the eral Medical Sciences Institute; by Dr. kin’s, a year of chemotherapy, I think solar system. Alexander, director of the Child Health had the research been fulfilled, I would Michael Servetus has research on Institute; by Dr. Sieving, director of have been spared that malady. human anatomy. Pope Boniface VII the Eye Institute; by Dr. Schwartz, di- The maladies such as heart disease, banned the practice of cadaver dissec- rector of the Environmental Health In- cancer, Parkinson’s, and Alzheimer’s tion in the 1200s. This stopped the prac- stitute; by Dr. Hodes, director of the disease strike approximately 110 mil- tice for over 300 years and greatly

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7571 slowed the accumulation of education lives, to save pain and suffering. We Under the UC agreement, we will de- regarding human anatomy. Finally, in ought to do so. We ought to pass the bate and vote on three bills. But make the 1500s, Michael Servetus used ca- Specter-Harkin bill—the Senate’s no mistake, the only one that really daver dissection to study blood circula- version of the House-passed bill—and matters is H.R. 810, the Stem Cell Re- tion. He was tried and imprisoned by seek to persuade the President of the search Enhancement Act. This is the the Catholic Church. United States that this is a bill which one bill that, at long last, will unleash Anesthesia for women in labor was ought to be signed into law. some of the most exciting and prom- founded by James Simpson in 1848. Re- I know my 30 minutes is up, so I yield ising research of modern times. porting his discovery that anesthesia to my distinguished colleague from So, as we begin this debate, it is a could be used to lessen pain during Iowa, Senator TOM HARKIN. good time to step back and ask: Why is The PRESIDING OFFICER (Mr. child birth, the Scottish Calvinist there so much support for H.R. 810? Church objected to the use of anes- BURR). The Senator from Iowa. Mr. HARKIN. Mr. President, first, I Hundreds of patient advocacy groups thesia during labor because ‘‘pain of have endorsed the bill; so have dozens congratulate Senator SPECTER on an child birth was God’s will.’’ The Scot- of Nobel Prize winning scientists, doz- tish Calvinist Church stifled anesthesia exemplary opening statement on this 2- day debate we will be engaged in and ens of research universities, and, I use by refusing to baptize any children might add, so has the American public. who were born while a person was anes- also thank him, as I will in my formal statement, for his leadership over the Polls now show that 72 percent of thetized. Americans support embryonic stem Thomas Edison, who brought elec- past several years on so many issues of health care, and this one in particular. cell research—72 percent—compared tricity to us, had a similar experience. with 24 percent who oppose it. That is The Committee on Lighting by Elec- I am proud to join him in this effort, as I have for the last year, to try to get a 3-to-1 margin. So the American peo- tricity in the British House of Com- ple—three out of four—are in favor of mons did not believe that electricity H.R. 810 to come up. Mr. President, we have waited a long embryonic stem cell research. was practical, saying: time for this day to come, I think too Why? Well, the answer is very simple. There is not the slightest chance of [elec- long. We could have and should have Embryonic stem cell research offers tricity] competing, in any general way, with gas. There are defects about the electric voted on H.R. 810 more than a year ago real hope—real hope—for people with light which, unless essential changes take after it passed in the House with a Lou Gehrig’s disease, real hope for peo- place, must entirely prevent its application strong bipartisan majority. So we have ple with Parkinson’s, real hope for peo- to ordinary lighting purposes. lost some valuable time. But more to ple with spinal cord injuries, real hope Fortunately, that view did not pre- the point, America’s best medical re- for people with heart disease, real hope vail. Fortunately, since it is 102 de- searchers have lost valuable time. But for people with diabetes, real hope for grees today and we have an air-condi- be that as it may, H.R. 810 has finally people with cancer, real hope for people tioned Senate Chamber. come to the Senate floor, and we will who suffer from autoimmune diseases Vaccines, in 1772, in response to the vote on it tomorrow afternoon. such as lupus. All told, more than 100 new science of vaccination, Rev. Ed- I thank majority leader BILL FRIST million Americans have diseases that ward Massey declared: for brokering the agreement to make one day could be treated or cured with this vote possible. It took courage for Diseases are sent by Providence for the embryonic stem cell research. Here is punishment of sin, and the proposed attempt him to announce last summer that he just a brief list of them: cardiovascular to prevent them is a diabolical operation. supports the bill. And it took courage disease, autoimmune disease, Alz- for him to schedule this vote. I have al- Had vaccines been outlawed, millions heimer’s, Parkinson’s, spinal cord inju- ready commended him privately, and I of lives would have been lost. ries, birth defects, severe burns—mil- commend him publicly as well. In the 1820s, Dr. Dionysus Lardner, lions of Americans who could be cured Again, I thank Senator SPECTER for or helped with stem cell research. Professor of Natural Philosophy and leading the effort to promote stem cell But it is not just Members of Con- Astronomy at University College, Lon- research for so many years. He chaired gress who are saying it; we have asked don, stated, referring to rail travel: the very first hearing in Congress on Rail travel at high speed is not possible be- embryonic stem cells, as he said in his top scientists. Senator SPECTER and I cause passengers, unable to breathe, would remarks, in December of 1998. And, sent letters to the National Institutes die of asphyxia. again, just repeating what Senator of Health last week. Senator SPECTER referred to that in his remarks. We If it were true, I would not be here SPECTER had said—but for the sake of today. I would have had to find another emphasis—our Labor, Health, and asked their top scientists for their way than rail travel to come from Human Services Appropriations Sub- thoughts on stem cell research. Every Philadelphia to arrive in time for this committee has held 18 hearings on this single one of them said embryonic debate. research since then. stem cell research offers enormous po- I go through this list, and it is only Senator SPECTER and I also intro- tential. We asked 19 NIH scientists— an abbreviation of a much longer list duced the very first bill in Congress on heads of the different individual insti- to show how attitudes at different stem cell research in January of 2000. tutes—and all 19 agreed. times in retrospect look foolish, look So Senator SPECTER and I have trav- Here is what Dr. Zerhouni, the NIH absolutely ridiculous. eled a long road together, and I thank director, wrote to us: When we see in our everyday exist- him for being such an extraordinary Embryonic stem cell research holds great ence the enormous suffering from so leader and partner in this effort. promise for treating, curing, and improving many maladies, there is just no sen- I also thank the other Senate leaders our understanding of disease. sible, logical reason why we should not on stem cell research: Senator HATCH, This is from Dr. Elizabeth Nabel, the make use of stem cell research. Senator FEINSTEIN, Senator SMITH, and director of the Heart, Lung, and Blood When I joined the Subcommittee on Senator KENNEDY. Counting Senator Institute. She wrote: Health and Human Services in 1981, the SPECTER and myself, there are three budget for the National Institutes of Republicans and three Democrats on Embryonic stem cell research has vast po- Health (NIH) was a little over $3 bil- the list who have led the effort to bring tential for addressing critical health [care] lion. With the leadership of that sub- up H.R. 810 and pass it, and it has been needs. committee, those funds have now been a truly bipartisan effort all the way. And it is not just NIH scientists who increased to almost $29 billion annu- Most of all, I thank the hundreds of believe this way. In a letter from Dr. J. ally. We are being outstripped by other thousands of families and patients who Michael Bishop, who won the Nobel countries which are undertaking em- never gave up, who kept up the pres- Prize in medicine in 1989, he writes: bryonic stem cell research. They are sure to bring this bill to the floor, and The vast majority of the biomedical re- taking our scientists. We have the ca- who are so eager to see H.R. 810 sent to search community believes that human em- pacity with the NIH and the Federal the President’s desk for his signature. bryonic stem cells are likely to be the source funding to make enormous additional They have kept the faith. Now it is our of key discoveries related to many debili- progress on medical research to save job to see they are not disappointed. tating diseases.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7572 CONGRESSIONAL RECORD — SENATE July 17, 2006 I could go on and on, but I think you chilling impact on scientists thinking The more cell lines available for study, the get the picture. Scientists agree: em- about entering the field. more likely a cell line will be maximally bryonic stem cell research offers enor- Dr. Nora Volkow, director of the NIH useful for a given research, and potentially Drug Abuse Institute, said it is stifling clinical, application. For this reason, the sci- mous hope—real hope—for easing entific community would be best served by human suffering. interest in research. She said: having a greater number of human embry- Now, some may ask: I thought the Despite general interest and enthusiasm in onic stem cell lines available for study. Federal Government already supports the scientific community for embryonic That is from a letter to me from Dr. embryonic stem cell research. What stem cell research, the limited number of James Battey, chair of the NIH Stem about the speech the President gave 5 available lines has translated into a general lack of research proposals. Cell Task Force, dated July 13, 2006. years ago? Dr. Volkow of the Drug Abuse Insti- Well, let me try to explain the Presi- Well, if you are a research scientist tute was even more blunt. She wrote: at one of our hundreds of universities dent’s policy as was enunciated 5 years Access to a wider array of embryonic stem ago. He gave the speech on August 9, around the country, and you are eligi- cell lines would definitely increase scientific 2001. I remember it well. I was listening ble for NIH funding, would you want to opportunity and the chances of break- to it. I was on the road. I was listening do research on only four lines that may through discoveries. to it on the radio. not lead to anything? Would you put in I should note that scientists in many The President, at that time, said a proposal to do that? You could be one other countries around the world do that federally funded scientists could of our budding genius researchers. You not face these kinds of arbitrary re- conduct research on embryonic stem might want to put your efforts and en- strictions. When you talk to research- cells only if the stem cells had been de- deavors into something else rather ers in England, for example, our policy rived prior to 9 p.m., August 9, 2001. than a dead-end policy. makes no sense to them. They cannot Well, I thought to myself at the time— So I submit that the President’s pol- understand why stem cell lines derived and I have thought since—that is rath- icy is not a way forward, it is a dead- on one date are fine to use, but if they er odd. It is morally OK to do research end street. It offers only false hope— are derived on another date they are on stem cells derived before 9 p.m., but false hope; not real hope, false hope—to off limits. They do not have arbitrary it is not morally acceptable to do re- the millions of people across America barriers like that in England, and that search on stem cells derived after 9 and the world who are suffering from is a big reason so many of the major p.m.? Well, I thought to myself, why diseases that could be cured or treated advances in stem cell research are hap- not 9:05? What about 9:15 p.m. or 9:30 or through embryonic stem cell research. pening there rather than in the United midnight? Why was 9 p.m. the magic Meanwhile, hundreds of new stem States. cutoff hour on August 9, 2001? cell lines have been derived since the So we need a stem cell policy in this Well, clearly it was totally arbitrary. President’s arbitrary deadline of Au- country that offers real, meaningful That just happened to be when the gust 9, 2001. These lines are hope to patients and their loved ones. President gave his speech. But for uncontaminated. They are healthy. That is what H.R. 810 would provide. whatever reason, the President said But they are totally off limits to feder- Under this bill, federally funded re- only those lines derived by 9 p.m. Au- ally funded scientists. I do not mean searchers could study any stem cell gust 9, 2001, were eligible for federally just scientists who work at NIH; I am line regardless of the date it was de- funded research. talking about all the scientists who rived as long as strict ethical guide- At the time, after I checked into it, work in all of our universities and re- lines are met. I think it is important to some of us were hopeful that the policy search institutions across America. run through some of those ethical would work. But it has not, and here is They are off limits—off limits. They guidelines. why. When President Bush announced cannot use it. It is really a shame. First, the only way a stem cell line his policy, he said 78 stem cell lines I was listening to Senator SPECTER could be eligible for federally funded were available. Many people thought 78 earlier talk about some of the earlier research is if it were derived from an stem cell lines might be enough, might pronouncements, some by the Catholic embryo that was otherwise going to be have enough genetic diversity to actu- Church, back in the Middle Ages, some discarded. As Senator SPECTER pointed ally do the kind of research we needed. by—he mentioned another Calvinist out, there are more than 400,000 em- But as the years progressed, we found Church—I don’t know who all he men- bryos in the United States left over that only 21—only 21—of the approved tioned—but the views at that time and from fertility treatments that are cur- lines are actually available for study; how we look back and say: How could rently sitting frozen in storage. The not 78, only 21. they have been so blind to prohibit cer- moms and dads have had all the chil- We found out something else I did tain activities, such as using cadavers dren they want; they no longer need not know at the time. All 21 of these for scientific experimentation to learn any more of these embryos, and most lines are contaminated by mouse cells. how the body works so we could per- of them will be discarded. It happens In other words, the embryonic stem haps cure illnesses and diseases? every single day at fertility clinics cells were grown on mouse cells, so I was listening to that, and I around the country. People have used they are contaminated, making it thought: We have new stem cell lines, in vitro fertilization, had their chil- highly unlikely ever to be used for any uncontaminated with mouse feeder dren, and they don’t want any more. kind of human therapy. I ask: Would cells, healthy, ready to go. Scientists Rather than continue to pay the facil- any of you want to have stem cells cannot use them. And I thought: We do ity to store them and freeze them, they used for your illness if they were con- not require astronomers today to ex- call up and say we don’t want them taminated with mouse cells? I do not plore the skies with 19th century tele- anymore. The facility discards them. It think so, and neither do the scientists. scopes. We do not tell our geologists to happens every day. And the other thing we found out is study the Earth with a tape measure. If All we are saying is, instead of dis- that now many of the 21 lines are too we are serious about realizing the carding them as leftover embryos, let’s unhealthy to use. They have actually promise of stem cell research, our sci- allow couples, if they wish, to donate become sick. entists need access to the best stem them to create stem cell lines that can Dr. Nabel of the NIH Heart, Lung, cell lines available. cure diseases and save lives. The choice and Blood Institute wrote to me that And, again, I would not want anyone is this: Throw them away or use them only four of these lines are in common to take just my word for it. I think Dr. to ease suffering and, hopefully, cure use—four. Dr. Jeremy Berg, another James Battey knows more about stem diseases. NIH director, director of the general cell research than anyone at the Na- It is the second choice that I believe medical sciences, said there are about tional Institutes of Health. He runs the is truly moral and truly respectful of six lines in common use. stem cell task force there, and this is human life. Again, I have to emphasize, So what is happening now is that what he wrote when I asked him as I will today and tomorrow time and these policy restrictions are making whether it would help our scientists to time again, H.R. 810 does not create our scientists work with one arm tied have access to more stem cell lines. any new embryos. Not one new embryo behind their back. It is having a Here is his direct quote: will be created under H.R. 810—only

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7573 those left over in in vitro fertilization gies. We know right now that zero stem again. As Christopher Reeve once said clinics, and only if the moms and dads cell lines have been derived from using after reviewing the video of one of give their written consent. those alternative methodologies. these white rats that could not walk As I said, the second ethical require- Again, should we pursue these alter- but was given stem cells and now was ment requires them to provide in- native methods? Of course. This is no walking, ‘‘Oh, to be a rat.’’ formed written consent. Again, a lot of prohibition against that. We should Well, after more than a year of pray- people don’t realize this, but the Presi- open every door we can in the ethical ers and pressure, my nephew Kelly and dent’s policy is a little fuzzy on the pursuit to cures. But meanwhile, peo- millions of other Americans suffering matter of informed and written con- ple we love are dying from Parkinson’s from disease and paralysis will get sent. Some of the 21 federally approved and ALS, and children are suffering their wish. I am optimistic that we lines—especially those coming from from juvenile diabetes. Should we say have the 60 votes necessary to pass other countries—don’t meet that re- wait another 5, 7, or 10 years and see if H.R. 810 tomorrow and send it imme- quirement. So we need to pass H.R. 810 we can derive stem cells from these al- diately to the President’s desk. There to tighten the ethical guidelines on ternative methods? Maybe we can, are a lot of stories. I am sure we all stem cell research, so there is no ques- maybe we cannot. If we cannot, what have family stories such as my neph- tion that the embryos were donated do we do then? Say the doors are all ew’s. voluntarily. closed? Meanwhile, we have many stem Here is a letter from the ALS Asso- Finally, H.R. 810 prohibits anyone cell lines derived from leftover em- ciation—the Amyotrophic Lateral from being paid to donate embryos. bryos in in vitro fertilization clinics. Sclerosis Association, also called Lou There is no chance under this bill that Another point about the alternatives Gehrig’s Disease. It says, in part: women could be exploited to go bill. Even if Congress were to pass it The advancement of stem cell research is through the donation process against and the President signs it, it has abso- vital for people such as Roger Gould from their will. So no money can change lutely no impact on the progress of Ames, IA. ALS has steadily eroded Roger’s hands. The three ethical guidelines, to stem cell research. That is because the ability to control muscle movement, lim- repeat, are: One, we can only use excess other bills we are voting on here don’t iting his ability to speak, walk, move his embryos in in vitro fertilization clin- arms, and lead the type of life most all of us authorize anything NIH cannot do al- take for granted. Ultimately, the disease will ics; second, there must be informed ready. We had a hearing. Senator take his life. Stem cell research provides written consent for the donation of SANTORUM, the author of that bill, was promise to people such as Roger and his wife those embryos; and third, no money at the hearing. We had people from Cindy that one day an effective treatment can exchange hands to pay for any of NIH. Senator DURBIN was there and he for ALS will be found. It also gives hope to these. asked the question: thousands of others that ALS no longer will mean death in an average of 2 to 5 years Let me address one more issue, and Can you tell me whether S. 2754— after diagnosis; that one day we may be able that is the matter of the so-called al- which is another one of the companion ternative ways of deriving stem cells. to prevent ALS from taking the lives of peo- bills we will be voting on tomorrow— ple such as Rob Borsellino, a nationally rec- Some opponents of this will speak authorizes research on stem cells at the NIH ognized columnist from Des Moines, IA, who today and tomorrow and argue that we that currently is not permissible or legal? lost his battle against ALS last month, a don’t need to pass H.R. 810. Instead, year after his diagnosis. they say, we should put our current Dr. James F. Battey at NIH said: No, it does not. I ask unanimous consent that this stem cell research on hold in hopes letter be printed in the RECORD fol- That was on June 27 of this year. So that some new way of deriving stem lowing my statement. cells will pan out some time, hopefully, the alternatives bill, S. 2754, might not The PRESIDING OFFICER. Without in the future. do any harm, but it doesn’t do any objection, it is so ordered. That would be a tragic mistake. I good either. It just says, NIH, you can (See exhibit 1.) support any ethical means to improve do what you can already do. Well, that Mr. HARKIN. Mr. President, my time the lives of human beings who are suf- is fine with me; I have no problem with is up. Again, this is going to be a good fering. In fact, Senator SPECTER and I that. But don’t be fooled into thinking debate, a good airing of the issues. To- included language in our appropria- that S. 2754 somehow takes the place of morrow we will vote on this bill and tions bill last year urging NIH to sup- H.R. 810. It doesn’t. send it to the President. I am hopeful port research on alternative ways of That is one more reason we need to that the President, after reviewing it deriving stem cells. But not one of focus on H.R. 810. and looking at what happened in the these so-called alternative methods has In closing, my nephew Kelly is one of past—the new things that have come to ever succeeded in producing a stem cell the millions of Americans whose hopes light because of the mouse feeder cells line. Right now, they are just theories. depend on stem cell research. He has and the contamination of those lines— Maybe one day, 5 years or 7 years or 10 been a quadriplegic for about 27 years will sign the bill and give real hope to years or 15 years from now, one of since suffering a spinal cord injury in a millions of Americans. these methods will pan out. But maybe terrible accident while he was in the I yield the floor. U.S. Navy and serving on an aircraft not. EXHIBIT 1 I think this chart tells the story. The carrier. Kelly’s hope has been that THE AMYOTROPHIC LATERAL NIH estimates that there are about 400 sometime scientists will finally find a SCLEROSIS ASSOCIATION, stem cell lines worldwide, almost all of way to mend his spinal cord so he can Washington, DC, July 12, 2006. which were derived after the Presi- walk again. He has been following very U.S. Senate, dent’s arbitrary cutoff date of August closely the whole issue of embryonic Washington, DC. 9, 2001. Every one of these lines was de- stem cell research. His hope, like the DEAR SENATORS: The ALS Association rived the same way, using embryos hope of Christopher Reeve’s, was—we (ALSA) strongly supports the Senate’s con- that were left over from infertility all remember him, our first ‘‘Super- sideration of legislation to advance stem cell treatments that would otherwise have man’’; he fought so hard for embryonic research. We are grateful for the bipartisan efforts of Senators to bring this important been discarded. So you see on the chart stem cell research before he passed issue up for a vote before the August Con- ‘‘stem cell lines derived using current away. They both hoped embryonic gressional recess and are particularly appre- method,’’ and we have about 400 stem stem cell research would lead to a ciative of the leadership on this issue dem- cell lines worldwide. Now, how many breakthrough that would allow them onstrated by Majority Leader Bill Frist (R– lines were derived using unproven al- to walk again. Kelly asks all the time: TN) and Senator Tom Harkin (D–IA). ternative methods? Zero. It is 400 to When is the Senate going to vote on We understand that the Senate will con- zero. H.R. 810? sider three different stem cell initiatives Yet we will hear today and, I think, You know, we have seen the videos of during the week of July 17. We strongly urge the Senate to pass all three proposals, in- tomorrow from some who say we mice whose spinal cords have been cluding H.R. 810, the Stem Cell Research En- should pass other bills. We should not damaged so they could not walk and hancement Act. These initiatives, and H.R. use the proven method we have, but we were treated with stem cells from 810 in particular, provide our nation with the should go to alternative methodolo- other mice and they are now walking best opportunity to fully explore the promise

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7574 CONGRESSIONAL RECORD — SENATE July 17, 2006 of stem cell research and the hope that it I think it is very important that the Senator HARKIN says. It has been prov- may lead to a treatment and cure for ALS. American public understands what this en in this country; it has been proven The ALS Association is the only national debate is. We have heard a lot of state- in Germany. It comes from ovarian tis- voluntary health association dedicated sole- ments this morning that there are no sue and testicular tissue. It is, without ly to the fight against Amyotrophic Lateral Sclerosis (ALS), more commonly known as cures other than fetal stem cell re- a doubt, the greatest thing on the hori- Lou Gehrig’s disease. Our mission is to im- search, and that could not be further zon for us because it has none of the prove the quality of life for those living with from the truth. I am a practicing phy- problems associated—I am not talking ALS and to discover a treatment and cure sician. I deliver babies. I have read al- the ethical problems, I am talking the for this deadly disease. most every article published in the last scientific problems associated with em- ALSA supports the ethical expansion of 12 months on stem cells, both embry- bryonic stem cells. There are none of the Administration’s stem cell policy as pro- onic and nonembryonic adult. The fact the problems with it. vided for in H.R. 810, permitting the use of is there is not one cure in this country I have seen beating heart tissue from embryos originally created for fertility germ cell lines. It can create every treatment upon the consent of those individ- today from embryonic stem cells. uals for whom the embryos were created. Im- We talked about 21 lines, but what area. There are three tissues, portantly, the bill would arm researchers they don’t say is there is no limitation endoderm, ectoderm and mesoderm. and scientists with the tools and resources in this country at all on private re- That is the important reason why em- they need to determine the potential embry- search from any of the 400 lines Sen- bryonic is thought to be so important. onic stem cell research has to prevent, treat ator HARKIN mentioned. There also is a One final point on dedifferentiation, and cure countless diseases. This is espe- statement by the caretaker and many the ability to take a cell that is in cially important for people with ALS, for scientists that the lines are not con- your body today and make it go back- there is no cure for the disease and although ward. That has been accomplished. We there is one drug available to treat ALS, it taminated. As a matter of fact, they are not contaminated. The question is, now see multiple lines of pluripotent only prolongs life by a few months. cells from our own bodies. The advancement of stem cell research is do we want to do what is best to get us The choice is not destroy embryos, vital for people like Roger Gould from Ames further down the road to treat people? Iowa. ALS has steadily eroded Roger’s abil- I am a two-time cancer survivor; I had and if we don’t, we will not get good re- ity to control muscle movement, limiting cancer of the colon and melanoma. search; the choice is go where the money is leading us, and the money is his ability to speak, walk, move his arms With the treatments that are avail- and lead the type of life most all of us take leading us into adult stem cells, germ able—I desire the treatments that can for granted. Ultimately, the disease will take cell lines, and other lines that have come out of stem cell research, there is his life. Stem cell research provides promise none of the problems of embryonic no question. But every disease Senator to people like Roger and his wife Cindy that stem cells. one day an effective treatment for ALS will HARKIN listed—every disease save The PRESIDING OFFICER. The Sen- be found. It also gives hope to thousands of ALS—has an adult stem cell or cord ator from Kansas. others that ALS no longer will mean death blood stem cell cure that has already Mr. BROWNBACK. Mr. President, I in an average of two to five years after diag- been proven in humans, without using nosis; that one day we may be able to pre- thank my colleague from Oklahoma for embryonic stem cells. What is the his short, clear statement. I have some vent ALS from taking the lives of people science behind it? What is the science like Rob Borsellino, a nationally recognized charts that will back him up. columnist from Des Moines, IA who lost his that tells us we are going to have trou- I am delighted we are having this de- battle against ALS last month, just a year ble with embryonic but not with the bate. It is time. We last debated this after his diagnosis. other? It is called the mitochondria. If issue on the Senate floor in 1998. A lot Through our innovative TREAT ALS pro- you study physiology at all, what you has developed since then. As my col- gram, The ALS Association is pursuing an know is every cytoplasm of every cell league from Oklahoma pointed out, aggressive strategy to advance the develop- has mitochondria in it. much of the science has passed by the ment of new treatments for ALS, bringing The only way to use an embryonic embryonic stem cell and the need for innovations from the lab to the bedside fast- stem cell line and to use it effectively er than ever before. Exploring the potential embryonic stem cells, as the science of stem cells is an important component of without falling into the trap of con- has gone to adult stem cells and cord this effort. In fact, recent research funded by tamination or cross-immunization—in blood, and that is where the treat- ALSA and published in the Annals of Neu- other words, allergy to the treatment— ments are. I will show pictures of pa- rology just this month, shows that stem cell is to somehow quiet mitochondria. tients in that area and what is taking therapy can partially restore motor func- They are the energy source for cells. place. tion—function which ALS destroys. Other They have DNA. So none of the prob- I am delighted to be debating my col- research in stem cells also show promise for lems that are seen with your own adult leagues. We have been debating this ALS. While translating the promise of stem stem cells or cord blood from your own cell research into treatments and a cure for issue for some time. I think it is time the disease continues to be a hope for the fu- child will be existing in a treatment we have a vote and look at this issue. ture, it is important that we explore all po- from your own stem cells. When I was a young Congressman tential avenues for treating this horrific dis- The reason we should spend more first running for Congress in Chanute, ease. An expansion of the current federal pol- money on our own stem cell lines KS, a young man approached me. He icy on stem cell research can only benefit today is because there will not be com- knew me and knew I was running for the search for a treatment and cure for ALS. plications from them as is noted in office. He said: Can you answer one Therefore, we urge the Senate to pass H.R. every study that has thus far been done question for me? 810 and help ensure that people with ALS can on embryonic stem cells. I said: I will try. I was anxious to be benefit as quickly as possible from the very The Senator mentioned the rats. The best that science and technology has to of help. I was anxious to prove I knew offer, including the potential innovations only study that shows neurologic im- policy issues, I knew right from wrong, that can result from embryonic stem cell re- provement is when the rats were sac- and I would be a good Congressman for search. rificed at 8 weeks. Every other study, him. Sincerely, when they let the rats live to 12 weeks, He asked me: Why is it we will fine STEVE GIBSON, show teratoma or tumor formation, somebody up to half a million dollars Vice President, Government Relations which is the problem with embryonic for destroying a bald eagle’s egg, and and Public Affairs. stem cells. yet we will fund the destruction of The PRESIDING OFFICER. Under I hope the American people will lis- young humans? Why is it Federal law, the previous order, the majority con- ten. It is not about not getting where both cases at that point in time, as far trols the next 30 minutes. we want to go, but there is false hope, as the funding of abortion—I don’t re- The Senator from Oklahoma is recog- tremendous false hope in what we are member when that was changed, al- nized. about to do when, in fact, if we would though now we are talking about the Mr. COBURN. Mr. President, I wish redouble our efforts on the other areas destruction of young human life again. to take 5 minutes of my allotted 15 of stem cells. He said: Why is that? minutes to answer some of the ques- One final point and then I will yield. I thought for a while. I thought: That tions raised by Senator HARKIN and There is a germ cell line, stem cell is a good question. I don’t know why Senator SPECTER. line, which goes against everything that is.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7575 I have a picture which may seem an human life. Here we would change that Finally, she finds a researcher at odd place to start this debate, but it and say: Yes, we do; it is for a special Duke University, whom we had in to will tie in, and I will show how. I have purpose, a special reason; these are testify, who said: Yes, we will do it, a picture of a bald eagle’s egg and a unique; these are something we are and the worst thing that can happen is bald eagle. If I asked my 8-year-old really going to get cures for. And that nothing because nothing will happen, it children what happens if I destroy this is my second point, cures. is his own cord blood; it is not going to egg, will I get this eagle? they will say: The other side has talked about cures hurt him. No, you don’t get the eagle if you de- for a long period of time, and I want She goes down to Duke University, stroy the egg. cures, and we are getting cures to take takes his own cord blood, and they in- Why not? That egg is not an eagle. place. If we had taken the half a billion ject it in him. This is when he was 2. I know, but the egg is the eagle be- dollars, $500 million that we have in- He was at a press conference today. cause the eagle comes out of the egg. vested in embryonic stem cell research There is no retraction taking place in Well, he doesn’t look like him. in animals and humans and invested the arms. He has full mobility. The I know it is an eagle in the egg, and that instead in adult stem cell research thing he likes to do the most is bug his if you destroy the egg, you don’t get and cord blood research, we would 8-year-old sister, which is what his the eagle. That is why we say in the probably have a lot more people in mother said today: We like that, too, Endangered Species Act, if you destroy clinical trials today. We would have a that he wants to do that. He has a word this bald eagle’s egg, you can have a lot more people, I believe, being treat- vocabulary that is normal for the age maximum fine of up to half a million ed and alive today if we had taken the range. She said: Why isn’t this an FDA- dollars. half a billion dollars that we put, in approved situation? Why are we not I want to show some other eggs, if I the last 5 years, into these areas of em- doing more research? Why aren’t more can. These are human embryos, fer- bryonic stem cell research and put people storing and saving cord blood so tilized eggs. They are fertilized eggs them in adult stem cells and cord when this happens people can get such as this bald eagle’s egg is. This blood, we would have more people alive cures? one, Mother Teresa once was a human today, walking around, experiencing Well, we haven’t put enough funding embryo. JFK was once a human em- treatments and I believe cures. Let me into it. If we had put the half a billion bryo. Martin Luther King was once a show some faces of these people. more dollars into this area instead of human embryo. Ronald Reagan was This is a beautiful lady, Jacki Rabon. embryonic, we might have a bunch of once a human embryo. She was involved in a traffic accident. kids treated for CP who are not getting Again, I think if we ask ourselves a She is a paraplegic. She had to go to treated and be like Ryan running simple question: If I destroy this, do I Portugal to get a treatment with her around and bugging his sister instead destroy this in the same way? Does it own adult stem cells. They are olfac- of having CP. happen? If I destroy this human em- tory stem cells from the base of the Here is a real interesting story, too, bryo—everybody on the Earth was a nose. They take them out, grow them, Keone Penn. We had him in to testify. human embryo at some time—if I de- and put them back in the spinal cord He has sickle-cell anemia. He was stroy that human embryo, do I some- injury area. She had no feeling, no mo- dying. It is a real difficulty. Sickle cell how go ahead and get to be here any- bility, nothing below the waist. She is is a very difficult problem to face, very way? now getting feeling in her hips through painful problem for a child to face. He The answer, of course, again, if you this treatment, adult stem cells, her went through the New York Cord Blood ask my 8-year-old children, is: No, you own stem cells. She is getting feeling Center, got treatment there, got a don’t get to be here because you de- in the hips and walking with the use of match. They had enough of a genetic stroyed the very start of your life, you braces, but she had to go to Portugal to match that it works for him. There are destroyed the beginning of it, you de- do this. Why isn’t this being done in no indicators of sickle-cell anemia stroyed that biological entity you were America? Why aren’t we having people today. None. He isn’t in Washington because the same genetic material that treated here? We are not adequately today, but we have had him in to tes- was there was in Ronald Reagan, and it funding this area. She wants to walk tify. was a unique set of genetic material, and I want her to walk and she could, We need a lot more cord blood stored. unique to him. The same for Martin but we are taking money and putting We need a lot more diversity of cord Luther King, JFK, or Mother Teresa, them into these speculative areas when blood stored. We could use that half a and the billions of people around the we have cures that are working. We billion dollars to store more cord blood world. We all started as a human em- have to go to Portugal to get them. and have more ethnic diversity so more Let’s look at this next picture. This bryo, and if you destroy the embryo, people can get treated, so more people is an amazing story. This young man is you destroy the person. such as him will live, not die; so more named Ryan Schneider. I hosted him at It is a unique set of genetic material people will not have to suffer what he a press conference 2 hours ago. He is 3 right after the fertilization takes went through. There could be real years old, a young man with cerebral place. It doesn’t matter where the fer- treatments with these dollars to help palsy. His mother saved his cord blood. tilization takes place. It can take place At 2 years of age, she started notic- them. No. 1, why are we destroying young in an IVF clinic or the old-fashioned ing that he was not growing and that way or it can take place by cloning. his arms were retracting. She took him human life? We fine people for destroy- You still have this. You can have this, to the doctors and they said: Yes, CP; ing life in other forms that we want to or you can destroy this and never get he has CP. The mother was devastated, preserve, such as the bald eagle. No. 2, that. That is pretty direct, straight- but she would not give up. why would we take this money away forward, nobody argues it. And we are The morning after the diagnosis, she from current areas where we can really not talking theology, as people try to was lying in bed and she had this a-ha treat people and especially in the areas drag this into the debate. We are talk- moment. She said: I saved his cord where we are not getting any treat- ing basic biology. This is basic biology blood and let’s use the cord blood and ments, we are having all the problems 101. If you destroy the embryo, you treat him with the cord blood because with tumor formation, as Dr. COBURN don’t get the full-scale person. This is I think that can work and get him noted. Why are we doing that? So that a genetic person, entity, special, moving again. fewer people are getting treatments unique, sacred, and so is this person. She called all around the country and and people are having to go overseas to My point one of this is, if we use tax- couldn’t find anybody willing to do this get these treatments? Why? And why payers’ dollars to fund the expansion of procedure. She was pleading with these would we ask to do more of it now? embryonic stem cell research, you have doctors: It is simply his own cord That is what this bill is basically ask- to inherently destroy young humans to blood, taking his own cord blood and ing to do: That we would change Fed- do this, and do we want to do that? putting it back in; this isn’t going to eral law so you could destroy human What was previously said in Dickey- hurt him. life with Federal taxpayer dollars. No. Wicker was: No, we will not use tax- They said: We can’t do it, not sure, 2, that we would use this money, and payers’ dollars to destroy young we don’t have FDA protocol. more of it, to fund speculative areas

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7576 CONGRESSIONAL RECORD — SENATE July 17, 2006 that even their set of scientists are Pioneer stem cell researcher Jamie or with cord blood—72. There was re- saying are a minimum of a decade or Thompson goes further. He says of cently an article in one of the maga- two away from treatments which we human cloning: ‘‘By any reasonable zines saying: Well, we don’t think the are not getting, and we have taken definition, you’re creating an embryo. number is actually 72, it may be 68, it away from Keone Penn, and treatments If you try to define it away, you’re may be this or that. that he could get. Why? What sense being disingenuous.’’ Jamie Thompson. We can wait a day or two and it will does that make? So we are talking about a human em- be up to 72 because there are more In 1943, C.S. Lewis delivered a series bryo. coming out in all of the areas. Some of lectures—this is the gentleman who Now, some would say it is not big people are quibbling and saying: Well, did the Narnia series that has been enough to be human life. Here I want these are not in FDA treatment trials. made into a movie that a lot of young to make a point, on this chart, if I That is true, a number of them are not people have seen and read the Narnia could. My colleagues made the point because we don’t have sufficient fund- series books, along with a lot of other that the human embryo is about this ing. A half a billion dollars would real- pieces—a brilliant writer and a brave big; very small at its beginning of life. ly help us to move that along to get man. He did a lecture series called Therefore, because it is small and is these in FDA treatment trials. These ‘‘The Abolition Of Man’’ in 1943, a very fragile and it can’t do anything on its are in human clinical applications, forward-looking series, and he noted at own, you know, it is really not human where there are human beings treated one point: ‘‘If man chooses to treat life. And we should be able to destroy for 72 different maladies by adult stem himself as raw material, raw material it, for a good purpose. We are doing cells or cord blood—72, and for embry- he will be.’’ It echoes themes of what this for a good purpose. This isn’t us onic, we have zero. we are hearing today. I don’t give any- being malicious; we are doing this for a We have known about embryonic body over to a bad heart. I think every- good purpose. Well, the interesting stem cells in mice for 25 years. We have body wants cures. I want cures. I see a thing about that, as I said at the out- not been able to get them to work in way we can get treatments and hope- set—of course, when you destroy this, this situation. They form tumors and fully cures. I want things done ethi- you never get the full human at any they are rapid growing. With adult cally. I don’t give anybody over to a point in time. This is a separate ge- stem cells we know what they are bad heart. But what we are doing is netic entity, even at this point in time. about, we know what they are doing, treating man as raw material—raw ma- Also, the point was made to me one and they are working, and people are terial to feed into a system that we time that if the Big Bang theory is cor- being treated: 72 adult stem cell treat- hope will produce some results. rect, then at one point in time, this is ments to zero embryonic treatments. Unfortunately, it is not the first time the size of the universe. Then it is all Again, you can quibble that they are we have in human history that we have condensed down, this much matter is not in FDA trials, not available to ev- treated people as raw material. We condensed down to that infinitesimal, erybody. That is true. A lot of people have frequently, in the past, subjected small size before it blows. So I guess if the weaker to the will of the stronger, are having to go overseas for treat- you destroy it then, it doesn’t become and we have always regretted it after- ments in some cases, and in some cases the universe, but that doesn’t matter. wards. We shouldn’t do that today. It they are actually treatments that were It is too small to be seen as significant, shouldn’t have happened then, and we developed in the United States, but be- don’t need to do it now. We are talking and it can’t do anything on its own. It cause of FDA approval processes being about the embryo, the young human sits in a frozen state, and because it long, they are having to get treatment life. can’t take care of itself, because it overseas, even though the process was I want to go through a couple of can’t grow, because it can’t breathe in developed here. these points about what it is we are this situation, then it is not human— I want to show you the specific areas, talking about. President Clinton’s bio- because it can’t care for itself, because and this is—I am breaking the rules on ethics board defined young human it is too fragile. It doesn’t breathe. It charts because this one has—this one is life—and I want to give their definition doesn’t do some of the things that we too busy, but it is the only way I can for it. The National Bioethics Advisory give over to the presence of life. get it all on one chart: 72 current Commission says that an embryo is: I want to give some examples, real human clinical applications using ‘‘The developing organism from the quick, of young people—let’s use this adult stem cells. time of fertilization’’—the time of fer- one. This is Isaiah Sullivan Royal, born As I said, we could wait a week or 2 tilization—‘‘until significant differen- to Hannah and Jed Royal. Hannah weeks, it will be more. Here are some tiation has occurred, when the orga- works in my office. Isaiah was born sig- of the amazing ones: Bladder diseases, nism then becomes known as a fetus.’’ nificantly premature. As you can see, they are developing, actually growing So it is an embryo by that Presidential he is a fighter. He is a tough little guy. bladders with your own stem cells for advisory bioethics analysis. He has been through a lot—more med- people who have had bladder cancer or And here is a definition taken from a ical treatments than most people something of that nature, they are able textbook, the Human Embryology text- would have gone through in their life- to actually form a shell structure and book states: time already. Without human interven- the cells grow around it. The ones I Although life is a continuous process, fer- tion, without help, he doesn’t survive like the best are in the heart areas, the tilization is a critical landmark because, and make it. Yet he is a young human, cardiovascular. I had David Foege under ordinary circumstances, a new, geneti- and he is beautiful. Talk to his parents speaking at a press conference we had, cally distinct human organism is thereby about him. So the idea that just be- he could hardly walk, advanced stroke, formed. The combination of 23 chromosomes cause of smallness, you can’t take care because of his heart problem, no present in each pronucleus results in 46 chro- of yourself doesn’t make you human, is infracturing rate. The physicians—I am mosomes in the zygote. Thus the diploid number is restored and completely false. Do we want to say sure I am butchering the words—I am a the embryonic genome is formed. The em- that because you are young and small lawyer. I apologize for that. But he got bryo now exists as a genetic unity. and weak, you are worthless or helpless this treatment, and he went first to a That isn’t SAM BROWNBACK saying or you are not human, which would be place in the United States, and they this, this is Human Embryology, Third even worse? That just doesn’t stand. said: Look, you are just too advanced Edition, saying that. That doesn’t stand to reason. Yes, in your problematic stage. We are not We have a distinct genetic entity human life is fragile, but it is of infi- going to treat you here because we once it is formed. It doesn’t matter the nite worth and it is of infinite value. want to treat early on and we only location. It can be the old-fashioned I want to now look at the overall have so much money and we could use way, as I noted at the outset, via the issue of where we are with adult stem more, but we only have so much. human body; in vitro fertilization; it cell work. Dr. COBURN hit on this area, So the guy goes to Thailand for the can be what some refer to as somatic and I want to put some more points to treatment—it may have been developed cell nuclear transfer, SCNT, or what it. We have, by peer review articles, 72 in the United States. I am not certain most refer to as human cloning. It is a different areas, different human mala- that it was developed in the United separate entity. dies being treated with adult stem cells States, but it is used here but only on

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7577 people with great opportunity to make so we can’t use that term ‘‘cure.’’ But lifegiving advances in regenerative it through. He goes to Thailand, gets we have a lot of successes. medicine that lie ahead, but we remain this treatment. His indicators of what The other road that is being talked mired down at this point with break- happened to him in the stroke are di- about is the use of human life as raw throughs on the horizon but not within minishing. He is out walking. He spoke material, and if we do that, raw mate- reach unless we change the President’s at the press conference that we had, rial we will be. We will cheapen life. policy on stem cell research. and this man has got life again. Other- And we cheapen life any time we use it Embryonic stem cell research could wise, he would, in all probability, be for anything other than the sacredness hold the key to curing diseases that no dead today. And how many people are that life is. I hope, at the end of the other research can cure. As best we like him, that because we have slowed day, that would be the thing we grab know now, an embryonic stem cell is the development of the adult field onto. Clearly, embryonic stem cell re- unique in nature. It and it alone can down by putting so many of our re- search is unnecessary. We don’t want develop into any other type of cell in sources in the nonproductive embry- to cheapen human life. the body. An embryonic stem cell and onic area, and we are getting inter- Mr. COBURN. Mr. President, would an embryonic stem cell alone can be- esting science, but with adult we are the Senator yield for a question? come a nerve cell, a muscle cell, or any talking about real people now. We are Mr. BROWNBACK. I am happy to of the more than 200 types of cells in talking about real lives of individuals. yield. the body. The research into directing How many more of them can get treat- Mr. COBURN. Is there any prohibi- the creation and use of these cells may ed, and how many people can afford to tion in the United States today for pri- be extraordinarily difficult, but it is fly to Bangkok to get this treatment? vate money to fund any type of fetal easy to understand how creating How many are able to do that? Yet research, embryonic stem cell re- healthy cells could replace diseased they could go somewhere in the United search? cells and could save an untold number States. I mean, my goodness, I hope we Mr. BROWNBACK. Reclaiming my of lives. start thinking about the people in- time, no, there is not. There is no limi- One example of the possibilities of volved in this and seeing the success in tation today on State dollars, private stem cell research is the hope that it so many various and different fields. I dollars, foreign dollars, whatever you offers for those suffering from Parkin- think it is important we would do that. want to call it. son’s disease. Parkinson’s disease is a Mr. President, I want to point out we Mr. COBURN. As a matter of fact, motor system disorder that results will have, as my colleagues know, California passed, I think, Proposition from a loss of brain cells that produce three votes that will be taking place. I 71: $500 million over the next 10 years dopamine. Individuals with Parkin- do hope people will support the fetal in fetal stem cell research? son’s disease often experience a trem- farming ban. We shouldn’t be growing Mr. BROWNBACK. I think actually bling in the hands or arms or face and young fetuses and using them for re- the number is $3 billion. impaired balance and coordination. As search, period. Some people are want- Mr. COBURN. Three billion dollars. the disease develops, it can become dif- ing to grow them further, cells dif- So there is no limitation at the present ficult to walk, talk, and complete ferentiate and use it then. What we are time. other basic tasks. With research, sci- talking about is an actual ban on that. Mr. BROWNBACK. None whatsoever. entists may be able to coax embryonic I am hoping my colleagues will support Mr. COBURN. Is the Senator aware of stem cells into becoming healthy neu- that because we should not be doing the private investment dollars that are rons that produce the desperately need- that. I hope everybody would see that presently—the private investment dol- ed dopamine. And if those neurons can there is a huge moral dilemma with lars—not Government dollars, not be successfully transplanted into a pa- doing that. It is a bill that will be put State dollars—that are now going into tient with Parkinson’s disease, that forward. There is an alternative bill embryonic stem cell research versus person could be cured. coming up with these pluripotent cells adult stem cell and germ line stem cell The list of other diseases ripe for that I am hoping my colleagues can and cord blood, the ratio is about 100 to stem cell research is long. Lou Gehrig’s support. 1? diseased is a progressive neuro- The focal point is this, do we use tax- Mr. BROWNBACK. Mr. President, re- muscular disease characterized by a de- payer dollars, Federal taxpayer dollars, claiming my time, it is, and it is a very generation of the nerve cells of the to destroy young human life for re- interesting feature that where the pri- brain and spinal cord. Juvenile diabe- search purposes? I would hope it is seen vate money is going, where people have tes is an autoimmune disease in which that we could develop and put forward to show production coming out of it, it the immune system attacks the pan- a very clear argument and rationale as is all going into the adult cord blood creas, destroying insulin-producing to why you shouldn’t do that. It is ille- because people know the science. And cells. gal. The Dickey-Wicker appropriations that is why I want to conclude with Alzheimer’s disease is a form of de- language, to start off with, that is the what I started with. mentia that afflicts the part of the law we previously passed. It is im- In many respects, the science has brain that controls memory, language, moral. We shouldn’t use a weaker per- passed this debate by. The science is and thought. Spinal cord injuries inter- son for the benefit of a stronger person. saying: Do the adult, do the cord blood. rupt the sensory pathway between the And it is unnecessary. That is actually The embryonic is not working, and you brain and the rest of the body. the beauty of it. We are presenting have enormous ethical problems with Now, imagine if embryonic stem cell false choices to people. The choice that doing that, and we don’t need to go research could produce replacements works has no ethical problem, and we that way. That is where the private for the nerve cells ravaged by Lou can get broad-based support for it. dollars then are going, which I would Gehrig’s disease, for the insulin-pro- Then, we can have more Jacki Rabons, hope my colleagues would look at as ducing cells destroyed by diabetes, for Ryan Schneiders, and Keone Penns who well. the brain cells washed away by Alz- are getting treatments now, and their Mr. President, I yield the floor. heimer’s, for the neural pathways sev- lives are being saved, people staying in The PRESIDING OFFICER. Under ered by spinal cord injuries. Stem cell the United States for treatment rather the previous order, the minority con- research could offer the millions of than going overseas for the treatment, trols debate for the next 30 minutes. Americans suffering from these and and we have got a lot of people being Mr. LEVIN. Mr. President, I don’t other diseases not just hopes but cures. successfully treated and hopefully know if there is a fixed order for the It could give them and their families— cured. minority. If not, I will yield myself 15 who are often physically, financially, I may use that term ‘‘cured’’ too minutes. and emotionally exhausted—their lives loosely because these are at the early The PRESIDING OFFICER. The Sen- back. stages. These are treatments that are ator from Michigan is recognized. Many technical hurdles stand in the showing enormous promise, but we Mr. LEVIN. We stand at the thresh- way of that day. These discoveries will can’t—they are not, many of them are old of a new era of medical discovery. not be easy. But it is wrong to throw not in any sort of FDA-approved trial, We can already glimpse the dramatic additional and unnecessary obstacles

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7578 CONGRESSIONAL RECORD — SENATE July 17, 2006 in front of our doctors, researchers, has hindered our potential impact in scientists and patient advocacy groups that and scientists. That is precisely, how- this area. Today, other countries are current restrictions [against embryonic stem ever, what the President’s policy has poised to reap the lifegiving rewards of cell research] should be relaxed. done. stem cell research while we fall further We may be on the cusp of one of the On August 21, 2001, President Bush behind. greatest miracles in the history of issued an Executive order that the Fed- Over a year ago, the House took a medicine. The door of possibility is eral Government would only fund em- significant step toward overcoming ajar, inviting us to enter. But we can- bryonic stem cell research on stem cell Presidential opposition by passing the not make these great strides if our re- lines created before that date. ‘‘Stem Stem Cell Research and Enhancement searchers continue to be hampered by cell line’’ is the name given to con- Act, H.R. 810, which would remove the President Bush’s overly restrictive pol- stantly dividing cells that continue to President’s arbitrary prohibition icy. We owe it to everybody suffering be derived from a single embryo. Most against using stem cells created after from—or who may in the future be af- independent experts estimated at the August 21, 2001. That is another fact flicted by—these dread diseases to time of the President’s Executive order that opponents refuse to deal with. The move boldly toward a brighter future. that only 80 stem cell lines, a totally President’s date of August 21, 2001, is I yield the floor. The PRESIDING OFFICER. The Sen- inadequate amount, would be available breathtakingly illogical. How can the ator from South Dakota is recognized. for Federal research. Even worse, most President argue that it is OK to use embryos created before that date for Mr. JOHNSON. Mr. President, today I of those 80 lines were determined to be speak in support of legislation this polluted and unusable, leaving only research, even though in his view it was the taking of a life but that after Chamber has been waiting to consider about 20 stem cell lines actually avail- for more than a year. I am pleased that able to scientists. That number is far that date it is unethical to do so? H.R. 810 would pave the way for hun- wait is finally over. I encourage my too small to tap the vast potential of colleagues to join me in voting to give this research. dreds or thousands of additional stem lines to be made available. It is bipar- hope to millions of Americans living The President did not question the with diseases for which embryonic legitimacy of the science being used in tisan legislation, and it passed over- whelmingly in the House. stem cell research offers their only real stem cell research but the ethics of hope of a cure. These patients are often using embryos, scientifically known as Shortly after the House made its strong statement in favor of exploring desperate and have been waiting for blastocysts, until implanted through in their Congress to take action for near- vitro fertilization. A blastocyst con- the medical potential of embryonic stem cell research, the Senate major- ly 5 years, since August 9, 2001, when sists of around 150 cells, which is small- the President defied common sense and er than the point of a pin. While the ity leader committed to bringing that bill up for floor consideration. Senator stifled the promise and the hope of- blastocyst is destroyed during the fered by stem cell research. process of extracting embryonic stem FRIST understands how great the life- enhancing possibilities are, and he has This essential legislation has already cells, the key fact is that any that are passed the House of Representatives by chosen to side with his fellow physi- used for stem cell research would have an overwhelmingly large bipartisan cians and with the future in supporting been discarded and destroyed anyway. majority. Today, I want to briefly That is a fact that opponents refuse to this research. This bill has the strong support of share my thoughts on why the current deal with. policy on stem cell research is These blastocysts are created by in the American Medical Association, the Coalition for the Advancement of Med- unsustainable and woefully inadequate, vitro fertilization clinics and, for a va- clarify some misconceptions about the riety of reasons, will not be used for ical Research, the Association of Amer- ican Universities, the Christopher Stem Cell Research Enhancement Act, implantation and will, therefore, even- and share the stories of some South Reeve Foundation, the Juvenile Diabe- tually be discarded. Dakotans who will enormously benefit tes Research Foundation, the Leu- Last month, the Detroit News edito- from the passage of this bill. rialized against a Michigan law re- kemia and Lymphoma Society, the Current law allows federally funded stricting embryonic stem cell research Parkinson’s Action Network, and more research on only those stem cells de- and used words that equally apply to than 200 additional organizations. More rived as of August 9, 2001. At the time, the President’s policy. The News wrote: important, it has the overwhelming there were more than 65 stem cell lines The justification for this law is to protect support of the American people. If the available worldwide. While this number human embryos, but the fact that fertility President vetoes this bill, I hope we represented marvelous progress from clinics can simply discard them means that will resoundingly override his veto. the first derivation of an embryonic As part of the unanimous consent the research ban is pointless. stem cell in 1998, we know now that it The logic of some embryonic stem agreement to consider this legislation, was just the tip of the iceberg of possi- cell research opponents is totally be- we are considering two additional bills bility. fuddling. They are apparently willing as well. The bill put forward by Sen- Today we know only 22 of those first to ignore the discarding of the embryos ators SANTORUM and SPECTER would 65 lines are viable for research, and vir- by fertility clinics, but they label as emphasize the use of adult stem cells tually none will produce medical thera- morally objectionable the lifegiving instead of embryonic stem cells. Adult pies permitted for use in humans. This use of embryos which would otherwise stem cells may have some potential, is because at the time the only way to be discarded. I believe that embryonic but they do not have the critically es- maintain stem cell lines was to use stem cell research is truly a lifegiving, sential ability of the embryonic stem mouse cells to help them grow. Since not a life-destroying, process because cell to become any other type of cell. then, scientists working with private of the extraordinary potential for heal- Dr. Sean Morrison, the director of funds—and no thanks to the Federal ing living, breathing human beings who the University of Michigan’s Center for Government—have developed stronger have names and faces and loved ones. Stem Cell Biology, and one of the top and more robust stem cell lines that While the President is fighting stem cell researchers in the country, are not dependent on mouse cells and against research in America, other wrote recently in the Detroit Free could lead to therapies for actual use countries are pressing ahead. America Press about another alternative to em- in humans. has always been at the forefront of sci- bryonic stem cells being touted, adult We must open these new lines to re- entific innovation, and we could do this stem cells from umbilical cords. Dr. search supported by Federal funding. research faster, more efficiently, and Morrison wrote: The United States is home to the more ethically than most other coun- Umbilical cord cells are used clinically world’s largest and most distinguished tries. We also have an obligation to only to replace blood-forming cells. There is organizations dedicated to maintaining no compelling evidence that these cells could and improving health through medical speed its potential benefits to the ever be used to replace cells in other tissues. American people and to people around These cells are not an alternative to embry- science. The National Institutes of the world. onic stem cells, which can replace any cell Health and the Centers for Disease The President’s policy, however, has type in the body. . . .That is why there is Control and Prevention conduct re- stifled private-public partnerships and near universal agreement among respected search that is critical to understanding

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7579 human disease and its treatment. living with diseases for which embry- There being no objection, the mate- These centers rely on Government onic stem cell research offers the only rial was ordered to be printed in the funding to continue their work, and if hope for a cure. I have been honored to RECORD, as follows: we do not fund their research on em- meet many of these individuals in my JULY 14, 2006. bryonic stem cell lines, the United home State of South Dakota. U.S. Senate, States will fall behind the rest of the This bill gives hope to 3-year-old Al- Washington, DC. world in scientific and medical ad- exander Sohl from Brandon, SD. His DEAR SENATOR: We, the undersigned pa- vancement. If the Stem Cell Research parents, Terry and Laurie, told me lit- tient advocacy groups, health organizations, Enhancement Act does not become law, tle Alexander’s very first words were research universities, scientific societies, re- we not only risk the futures of Ameri- not ‘‘mommy’’ or ‘‘daddy’’ but ‘‘no ligious groups and other interested institu- cans living with currently incurable shot’’—his insulin treatments began tions and associations, representing millions diseases, we also risk our national rep- when he was just a baby. And it is stem of patients, scientists, health care providers utation as the home of the world’s cell research that gives his family hope and advocates, write you with our strong and unified support for H.R. 810, the Stem Cell most innovative and distinguished sci- that the daily inflicted pain and the entists working to improve the health. Research Enhancement Act. We urge your threat to the very life of this small vote in favor of H.R. 810 when the Senate This is not just a matter of inter- child can at last end. national medical research prestige; it considers the measure next week. This bill gives hope to Bonnie Of the bills being considered simulta- directly goes to the millions of families Younkin. Bonnie lives in Huron, SD, around the world who will at last have neously, only H.R. 810 will move stem cell re- and was diagnosed with Parkinson’s hope that we can conquer the planet’s search forward in our country. This is the disease in 2002 when she was in her most awful diseases and injuries. bill which holds promise for expanding med- The Stem Cell Research Enhance- early 50s. Though living with her dis- ical breakthroughs. The other two bills—the ease is a daily battle, Bonnie also Alternative Pluripotent Stem Cell Therapies ment Act creates a closely monitored Enhancement Act (S. 2754) and the Fetus and controlled stem cell research ef- serves as an advocate for awareness of the disease and increased funding for Farming Prohibition Act (S. 3504)—are NOT fort. The bill will allow vital, life-giv- substitutes for a YES vote on H.R. 810. ing research to progress using frozen Parkinson’s research as the State’s ac- tion coordinator. It can run in families; H.R. 810 is the pro-patient and pro-research fertilized embryos that would other- bill. A vote in support of H.R. 810 will be con- wise be incinerated as medical waste. Bonnie is the fourth female in her fam- ily diagnosed with Parkinson’s, and she sidered a vote in support of more than 100 The choice is simple: life-giving re- million patients in the U.S. and substantial lives in fear that her three daughters search or incineration of excess cells. progress for research. Please work to pass Stem cell research is conducted with and one granddaughter may have a H.R. 810 immediately. egg cells fertilized in a laboratory for similar diagnosis in their future. Sincerely, the sole purpose of assisting childless Bonnie called my office last week, to Accelerated Cure Project for Multiple couples who wish to have a baby. After touch base in advance of this debate. Sclerosis; Affymetrix, Inc.; Alliance for choosing embryos for implantation in Upon hearing that I remained com- Aging Research; Alliance for Stem Cell the mother, the remainder are rou- mitted to supporting this bill, she had Research; Alpha-1 Foundation; ALS just two words, ‘‘Bless you.’’ Association; Ambulatory Pediatric As- tinely destroyed as medical waste. I be- sociation; American Academy of Neu- lieve these cells, of which hundreds of South Dakota families are desperate rology; American Academy of Pediat- thousands are now stored at fertility for this research to commence—and to rics; American Association for Cancer clinics, would be better used to ad- proceed. Research; American Association for vance medical research that holds Choosing research over incineration Dental Research; American Associa- great promise for curing or preventing is a moral choice. I have prayed about tion for the Advancement of Science; some of the world’s worst diseases, as this issue, and my deeply held religious American Association of Neurological well as for repairing spinal cord and faith tells me that respect for human Surgeons/Congress of Neurological Sur- other injuries. I believe choosing re- geons; American Autoimmune Related life, respect for God’s children, requires Disease Association; American Brain search over incineration is a moral this life-saving research to proceed Coalition; American College of Neuro- choice. rather than the continued incineration psychopharmacology; American Col- My South Dakota values, my reli- of frozen excess embryo cells that are lege of Obstetricians and Gyne- gious faith, and my commitment to sitting in fertility clinics classified as cologists; American Council on Edu- South Dakota families tell me we must medical waste. cation; American Council on Science choose life-giving research over incin- Let there be no mistake: There are and Health; American Dental Edu- eration of these cells. three bills being considered by the Sen- cation Association. The Stem Cell Research Enhance- American Diabetes Association; Amer- ate this week. But unless a Senator ican Gastroenterological Association; ment Act imposes tighter ethical rules votes for H.R. 810, the Stem Cell Re- than exist under current law. Any do- American Medical Association; Amer- search Enhancement Act, he or she will ican Medical Women’s Association; nated embryos must be created solely not have voted for this meaningful life- American Pain Foundation; American for fertility treatment and must be in giving research. Parkinson’s Disease Association (Ari- excess of the clinical need of those I urge my colleagues to join me in af- zona Chapter); American Parkinson’s seeking fertility treatment. Further- firming that respect—that respect for Disease Association; American Pedi- more, the bill requires written consent atric Society; American Physiological life—by voting for the Stem Cell Re- from those who wish to donate the em- Society; American Society of Clinical search Enhancement Act. Choose re- bryonic cells and prohibits financial in- Oncology; American Society for Bio- search and life over incineration. centives for donation. chemistry and Molecular Biology; Stem cells in umbilical cord blood I yield the floor. American Society for Cell Biology; have provided effective therapies for The PRESIDING OFFICER. Under American Society for Clinical Pharma- cology and Therapeutics; American So- diseases such as leukemia and sickle the previous order, the minority is rec- ognized. ciety for Microbiology; American Soci- cell anemia. However, there are many ety for Neural Transplantation and Re- other diseases, including type 1 diabe- Mr. HARKIN. Mr. President, I have a pair; American Society for Reproduc- tes, Alzheimer’s, and Parkinson’s, letter from a number of different tive Medicine; American Society of which doctors cannot treat or cure groups endorsing H.R. 810. It is patient Critical Care Anesthesiologists; Amer- with cord blood stem cells. Because of advocacy groups, health organizations, ican Society of Hematology; American this fact, we must advance research in research universities, scientific insti- Surgical Association; American Sur- other areas, including embryonic stem tutes, religious groups, and others. gical Association Foundation. cell research, to access all available op- There are 205 groups listed here. I will American Thyroid Association; A O not go through all of them, obviously, North America; Association for Pre- tions for curing the debilitating dis- vention Teaching and Research; Asso- eases plaguing so many of our fellow but I think it is important that all of ciation of Academic Chairs of Emer- Americans. these groups be laid upon the RECORD. gency Medicine; Association of Aca- Earlier, I mentioned that this bill I ask unanimous consent that the let- demic Departments of Otolaryngology; gives hope to millions of Americans ter be printed in the RECORD. Association of Academic Physiatrists;

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7580 CONGRESSIONAL RECORD — SENATE July 17, 2006 Association of American Medical Col- versity School of Medicine; North path he set five years ago, United States in- leges; Association of American Univer- American Brain Tumor Coalition; vestigators will be out of the running in sities; Association of Anatomy, Cell Bi- Northwest Association for Biomedical coverting embryonic stem cells into impor- ology and Neurobiology Chairs; Asso- Research; Northwestern University; tant new therapies. It is especially frus- ciation of Independent Research Insti- Paralyzed Veterans of America; Par- trating and demeaning that American sci- tutes; Association of Medical School kinson’s Action Network. entists are prohibited from using their NIH Microbiology and Immunology Chairs; The Parkinson Alliance and Unity Walk; grant funds for research with the hundreds of Association of Medical School Pedi- Parkinson’s Disease Foundation; Pitts- hESC lines generated outside the United atric Department Chairs; Association burgh Development Center; Project States or generated in this country with pri- of Medical School Pharmacology A.L.S.; Pseudoxanthoma Elasticum vate funding. Chairs; Association of Professors of International Quest for the Cure; Re- I note there are 27 leading scientists Medicine; Association of Reproductive search!America; Resolve: The National Health Professionals; Association of Infertility Association; RetireSafe; on this letter, 17 of them having re- Specialty Professors; Rett Syndrome Research Foundation; ceived the Nobel Prize for medicine in University Anesthesiologists; Axion Rice University Robert Packard Center one form or another. Research Foundation; Biotechnology for ALS Research at Johns Hopkins I ask unanimous consent that this Industry Organization; B’nai B’rith Rutgers University; Secular Coalition letter be printed in the RECORD. International. for America; Society of General Inter- There being no objection, the mate- Broadened Horizons, LLC; The Burnham nal Medicine; Society of Gynecologic rial was ordered to be printed in the Institute; California Institute of Tech- Oncologists; Society of Reproductive RECORD, as follows: nology; California Institute for Regen- Surgeons; Society of University erative Medicine; Californians for Otolaryngologists; Society for Assisted THE AMERICAN SOCIETY FOR Cures; Campaign for Medical Research; Reproductive Technology; Society for CELL BIOLOGY, Cancer Research and Prevention Foun- Education in Anesthesia. Bethesda, MD, July 17, 2006. dation; C3: Colorectal Cancer Coalition; Society for Male Reproduction and Urol- Hon. ORRIN HATCH, Cedars-Sinai Health System; Central ogy; Society for Neuroscience; Society U.S. Senate, Conference of American Rabbis; Chil- for Pediatric Research; Society for Re- Washington, DC. drens Hospital Boston; Children’s productive Endocrinology and Infer- DEAR SENATOR HATCH: The Senate will Tumor Foundation; Children’s tility; Society for Women’s Health Re- shortly be considering legislation to permit Neurobiological Solutions Foundation; search; Stanford University; Stem Cell the National Institutes of Health (NIH) to Christopher Reeve Foundation; The Action Network; Stem Cell Research fund research with additional and new and CJD Foundation; Columbia University Foundation; Steven and Michele Kirsch existing human embryonic stem cell (hESC) Medical Center; Cornell University; Foundation; Stony Brook University, lines. As staunch supporters of biomedical CuresNow; Cure Paralysis Now; David State University of New York; Student research and particularly research with Geffen School of Medicine at UCLA. Society for Stem Cell Research; Take hESCs, we trust that you will exert your in- Duke University Medical Center; Eliza- Charge! Cure Parkinson’s, Inc.; Texans fluence to ensure passage of H.R. 810. Sci- beth Glaser Pediatric AIDS Founda- for Advancement of Medical Research; entists engaged in ESC research are counting tion; Emory University; The Endocrine Texas Medical Center; The Forsyth In- on you and like-minded Senate colleagues to Society; The FAIR Foundation; stitute; Tourette Syndrome Associa- assure its passage. FasterCures; FD Hope Foundation; tion; Travis Roy Foundation; Tulane The President must also be persuaded not Federation of American Societies for University; Union for Reformed Juda- to veto this legislation for if we continue on Experimental Biology (FASEB); Fer- ism; Unitarian Universalist Associa- the path he set 5 years ago, United States in- tile Hope; Fox Chase Cancer Center; tion of Congregations. vestigators will be out of the running in con- Friends of Cancer Research; Genetics University of California, Berkeley; Uni- verting embryonic stem cells into important Policy Institute; The Gerontological versity of California, Davis; University new therapies. It is especially frustrating Society of America; Hadassah; Harvard of California, Irvine; University of and demeaning that American scientists are University; Hereditary Disease Foun- California, Los Angeles; University of prohibited from using their NIH grant funds dation; Huntington’s Disease Society California, San Diego; University of for research with the hundreds of hESC lines of America; Institute for African Amer- California, San Francisco; University generated outside the United States or gen- ican Health, Inc.; International Foun- of California, Santa Cruz; University of erated in this country with private funding. dation for Anticancer Drug Discovery California System; University of Chi- Also, S. 2754, the ‘‘Alternative Pluripotent (IFADD); International Longevity Cen- cago; University of Illinois; University Stem Cell Therapies Enhancement Act,’’ ter—USA. of Iowa; University of Michigan; Uni- sponsored by Senators SPECTER and International Society for Stem Cell Re- versity of Minnesota; University of SANTORUM, seems to us, superfluous. Osten- search; Iraq Veterans for Cures; Jeffrey North Carolina at Chapel Hill; Univer- sibly, it is intended to authorize research ‘‘to Modell Foundation; Johns Hopkins; sity of North Dakota; University of Or- derive human pluripotent stem cell lines Joint Steering Committee for Public egon; University of Pennsylvania using techniques that do not harm em- Policy; Juvenile Diabetes Research School of Medicine; University of bryos.’’ However, at present, such research is Foundation; Lance Armstrong Founda- Rochester Medical Center; University currently permissible and, therefore, does tion; Leukemia and Lymphoma Soci- of Southern California; University of not require congressional legislation; indeed, ety; Lung Cancer Alliance; Lupus Re- Washington. the National Institutes of Health may cur- search Institute; Malecare Prostate University of Wisconsin-Madison; Van- rently be funding such efforts. Cancer Support; Marshalltown [IA] derbilt University and Medical Center; Moreover, all the alternative procedures Cancer Resource Center; Massachusetts Washington University in St. Louis, advanced in the report by the President’s Biotechnology Council; Memorial WE MOVE, WiCell Research Institu- Council on Bioethics and other alternative Sloan-Kettering Cancer Center; The tion, Wisconsin Alumni Research methods that have been suggested encounter Michael J. Fox Foundation for Parkin- Foundation; Wisconsin Association for equally vexing ethical concerns. Hence, S. son’s Research; Mount Sinai School of Biomedical Research and Education; 2754 is unneeded and if passed would deflect Medicine; National Alliance for Eye Woodruff Health Sciences Center at from the current urgent need for generating and Vision Research; National Alliance Emory University; Yale University. new stem cell lines from excess IVF-derived on Mental Illness; National Association blastocysts. for Biomedical Research; National Cau- Mr. HARKIN. Mr. President, I have a Sincerely, cus of Basic Biomedical Science Chairs. letter from the American Society for Peter Agre, M.D., Vice Chancellor for National Coalition for Cancer Research; Cell Biology. The letter was sent to Science and Technology, James B. Duke Pro- National Coalition for Cancer Survi- Senator HATCH, dated July 17. It says: fessor of Cell Biology, Duke University vorship; National Coalition for Women The Senate will shortly be considering leg- School of Medicine, Nobel Prize in Chem- with Heart Disease; National Council islation to permit the National Institutes of istry, 2003. of Jewish Women; National Council on Health (NIH) to fund research with addi- Bruce Alberts, Professor of Biochemistry Spinal Cord Injury; National Health tional and new and existing human embry- and Biophysics, University of California, San Council; National Hemophilia Founda- onic stem cell (hESC) lines. As staunch sup- Francisco, President Emeritus, National tion; National Medical Association; Na- porters of biomedical research and particu- Academy of Sciences. tional Partnership for Women and larly research with hESCs, we trust that you Mary C. Beckerle, Ph.D., Ralph E. and Families; National Prostate Cancer Co- will exert your influence to ensure passage of Willia T. Main Presidential Professor, Uni- alition; National Spinal Cord Injury H.R. 810. Scientists engaged in ESC research versity of Utah, President, American Society Association; National Venture Capital are counting on you and like-minded Senate for Cell Biology. Association; New Jersey Association colleagues to assure its passage. David Baltimore, President, California In- for Biomedical Research; New York The President must also be persuaded not stitute of Technology, Nobel Prize in Physi- Stem Cell Foundation; veto this legislation for if we continue on the ology or Medicine, 1975.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7581 Paul Berg, Cahill Professor of Bio- venile diabetes thus far in terms of em- Mr. COBURN. For 3 months is all we chemistry, Emeritus, Stanford University, bryonic stem cell research and adult know. I don’t know the numbers. I Nobel Prize in Chemistry, 1980. stem cell research? think it is eight or nine. This protocol J. Michael Bishop, Nobel Prize in Physi- Mr. HARKIN. I am not intimately is being done in Europe at the present ology or Medicine, 1989. Helen M. Blau, Ph.D., Donald E. and Delia knowledgeable of all of the nuances in time. B. Baxter Professor, Director, Baxter Lab- research that is being done. We had Mr. HARKIN. Is it not being done in oratory in Genetic Pharmacology, Stanford hearings, and we have the information the United States? University School of Medicine. in our hearing record on a lot of that. Mr. COBURN. No, it is not being done Michael S. Brown, M.D., Nobe1 Prize in Standing here now, I don’t know all of in the United States. Physiology or Medicine, 1985. that. Mr. HARKIN. Have any of these find- Linda Buck, Ph.D., Howard Hughes Med- Mr. COBURN. Is the Senator aware ings been published? ical Institute, Division of Basic Sciences, that the only successful treatments for Mr. COBURN. They have been pub- Fred Hutchinson Cancer Research Center, juvenile diabetes to come from stem lished in peer-reviewed articles. I Nobel Prize in Physiology or Medicine, 2004. would be happy to submit them for the Johann Deisenhofer, Regental Professor, cells have come from adult stem cells, Investigator, Howard Hughes Medical Insti- and in fact that the embryonic stem RECORD. tute, The University of Texas Southwestern cells have one-fiftieth the amount of Mr. HARKIN. I would appreciate Medical Center, Nobe1 Prize in Chemistry, insulin, were not effective, and ended that. 1988. after about 80 days after transplan- Mr. COBURN. I thank the Senator for Joseph L. Goldstein, M.D., Regental Pro- tation? Is the Senator aware of that? allowing me to ask those questions. fessor of Molecular Genetics and Internal Mr. HARKIN. I thank the Senator. Mr. HARKIN. Will the Senator repeat Medicine, University of Texas Southwestern There is a good colloquy. that? I was reading something. Medical Center at Dallas, Nobel Prize in I would further ask the Senator from Mr. COBURN. Is the Senator aware Physiology or Medicine, 1985. Oklahoma—this has been done for 3 that of the human studies which have Larry Goldstein, Investigator, Howard months—do we have any data to show Hughes Medical Institute, Department of thus far been done on juvenile diabetes that this does cure juvenile diabetes? Cellular and Molecular Medicine, University in fact the successful one was adult Does it abate it somewhat? I don’t of California, San Diego School of Medicine. stem cells and the unsuccessful one know what the outcomes have been for Alfred G. Gilman, M.D., Ph.D., Dallas, was embryonic stem cell? Is the Sen- these eight or nine people. Texas, Nobel Prize in Physiology or Medi- ator aware of that fact? cine, 1994. Mr. COBURN. Here is the key point Mr. HARKIN. Let me respond this Paul Greengard, Professor, The Rockefeller that needs to be made in this debate: If way: First, I note that the Juvenile Di- University, Nobel Prize in Physiology or you use your own cells, you will not abetes Research Foundation, which Medicine, 2000. have tumors, you will not have Lee Hartwell, Ph.D., President and Direc- represents families all over America teratomas, and you will not have rejec- tor, Fred Hutchinson Cancer Research Cen- who are affected with juvenile diabe- tion. If you use embryonic stem cells, ter, Nobe1 Prize in Physiology or Medicine, tes, is in support of H.R. 810. I want you will have tumors, you will have 2001. that on the record. In fact, they have teratomas, and you will have rejection. Dudley Herschbach, Baird Research Pro- been one of the strongest supporters. fessor of Science, Harvard University, Nobel That is what we know. That is why I, Second, the transplantation of insu- Prize in Chemistry, 1986. as a scientist, have not raised the life H. Robert Horvitz, Professor of Biology, lin-producing pancreatic cells is al- issue here once, but I am adamantly Massachusetts Institute of Technology, ready known to reverse the most dam- pro-life. I believe the science is so far Nobel Prize in Physiology or Medicine, 2002. aging symptoms of type 1 diabetes. The ahead of this debate. When everyone Douglas Koshland, Carnegie Institution, problem with that is the limited num- Investigator, Howard Hughes Medical Insti- knows what is really going on in terms ber of organ donors out there who do- of research, they are going to want the tute. nate pancreases. That seems to be the Paul C. Lauterbur, Center for Advanced dollars put into the stem cells, both in problem. Study Professor of Chemistry and Distin- terms of dedifferentiation—we know we Could I ask the Senator, are there guished Professor of Medical Information can differentiate cells backward to enough pancreas donors out there to Sciences, University of Illinois, Nobel Prize make them pluripotent—and also to take care of everyone with juvenile di- for Physiology or Medicine, 2003. isolate cells from our own human body Sean J. Morrison, Investigator, Howard abetes? to use back on us. That is an important Hughes Medical Institute, Director, Center Mr. COBURN. It is not required. Ac- part of the debate. for Stem Cell Biology, University of Michi- tually, today the science shows that gan. Mr. HARKIN. I thank the Senator. ductal cells from the patient’s own I again say that all the Nobel sci- Eric N. Olson, Department of Molecular Bi- pancreas can be induced to become ology, University of Texas, Southwestern entists, all of the leading scientists in Medical Center at Dallas. stem cells that then produce insulin- America simply do not agree with the Thomas D. Pollard, M.D., Sterling Pro- producing cells. There is no transplan- Senator from Oklahoma. These are the fessor and Chair, Molecular Cellular and De- tation needed. In fact, these ductal people involved in cell biology and that velopmental Biology, Yale University. cells have been proven and dem- kind of research. Randy Schekman, HHMI Investigator, onstrated to produce the same eyelet The Senator says embryonic stem Dept. of Molecular and Cell Biology, Univer- cells that the patient did initially cells will produce tumors. We do not sity of California, Berkeley. when they were grown as an embryo. Phillip A. Sharp, Institute Professor and know that is true. We do not have any Center for Cancer Research, Massachusetts Mr. HARKIN. I have heard this argu- real long-term data to know anything Institute of Technology, Nobel Prize in ment before. I am not a scientist. I about how embryonic stem cells will Physiology or Medicine, 1993. don’t know all of the nuances, I would work later on. Maxine F. Singer, A.B., Ph.D., D.Sc., Presi- be the first to admit. I do know, how- The PRESIDING OFFICER. The time dent Emerita, Carnegie Institution of Wash- ever, that every time that has come up, of the Senator has expired. ington. the Juvenile Diabetes Research Asso- Under the previous order, the major- Harold Varmus, M.D., President, Memorial ciation disagrees that this is a viable ity is recognized for the next 30 min- Sloan-Kettering Cancer Center, Chair, Joint pathway toward curing all of those Steering Committee for Public Policy, utes. Former Director, National Institutes of with juvenile diabetes. Mr. COBURN. I inquire of the Chair, Health, Nobel Laureate in Medicine or Phys- Mr. COBURN. They cannot disagree. under the previous order, if the major- iology, 1989. It has only been done for 3 months, and ity is not here, who assumes control of Eric Wieschaus, Department of Molecular it is successful. There have been no the time? Biology, Princeton University, Nobel Prize successful embryonic cells taken from The PRESIDING OFFICER. The time in Physiology or Medicine, 1995. the duct of the pancreas of children is reserved for the majority to be rec- Mr. COBURN. Mr. President, will the with diabetes, converted into cells, and ognized. Senator yield for a question? have in fact cured their diabetes. Mr. COBURN. Mr. President, it is my Mr. HARKIN. Yes. Mr. HARKIN. How many people have understanding that Senator FRIST has Mr. COBURN. Is the Senator aware of been cured of juvenile diabetes with this time. He has advised me I can use the research that has been done on ju- this? the time until he arrives.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7582 CONGRESSIONAL RECORD — SENATE July 17, 2006 The PRESIDING OFFICER. The Sen- table, ultimately. These three bills from one person to another person—say ator from Oklahoma. give that opportunity. an organ or a heart. Take out a heart, Mr. COBURN. I will spend a few min- Let me add that this probably will be put in a heart. Take out a lung, put in utes. This is a very emotional debate the first of many debates like this in a lung. Thus, my interest before com- for every family in this country. Every the Senate. I know there are a lot of ing to this Senate focused on many of family in this country has someone my colleagues who asked: Why are we the same issues that come before the who, in fact, has a disease that will be bringing this up now? Why are we talk- Senate today: advancing science, how impacted in the future by research that ing about these tough issues which do do we define ‘‘brain death,’’ something is ongoing in terms of stem cell re- force us to address issues about the dis- we did in the 1960s, to make transplan- search. tinctions of life, the early days of life tation of the human heart possible. I make a couple of points. We have and also the hope and the promise of Thus, it was a little over 5 years heard today a couple of very strong science as it goes forward and that ago—on July 18, 2001—that I laid out a statements that are highly inaccurate. interplay? This Senate will have to get comprehensive proposal, a framework One is that the only way you will used to it. at that time, which I believed would cure this is with embryonic stem cells. This Senate will have to focus on both promote stem cell research but No one knows that. As a matter of fact, those issues as we move forward be- also provide an ethical framework most of the cures in science have come cause science, where it used to be grow- through which such research could be not by what we thought was going to ing at a small clip, is now growing at conducted. That was 2001, about 21⁄2 happen but by what happened that sur- leaps and bounds, not exponentially years after embryonic stem cells had prised us. That is not true. but close to exponentially, and will just been discovered by James Thom- No. 2, there is no ban at the present continue to do so. son at the University of Wisconsin, or time on research in this country on Less than a century ago, we did not the human embryonic stem cells. embryonic stem cells. What there is a have antibiotics, we did not have vac- At that time, 5 years ago, I laid out ban on is using additional Federal cines. We had measles, mumps, small- 10 specific interdependent principles. funds to create additional stem cells, pox, polio—all diseases that ravaged The principles dealt with all types of but additional stem cells can be cre- our populations, in this country and stem cell research—the adult stem ated outside of the Government. around the world. Because of science, cells, the germ stem cells, embryonic The Senator from South Dakota cre- because of public health initiatives, stem cells. They have helped to guide ated a false choice. The false choice is they have essentially been eradicated. my assessment of stem cell research not incineration. There are 400,000 em- We will see forward momentum. That over the last 5 years, and they have bryos that are frozen in this country momentum will be accelerated in bio- provided a framework I have used and today; 93 percent of those the parents medical research. consistently gone back and adopted as want to save for themselves. So that I mentioned earlier today in opening I looked at various pieces of legislation leaves us a smaller portion. If you look the debate that when people look back on stem cells before this Senate. I will at the numbers, when you thaw em- at the 21st century, I would say maybe read those 10 principles because of bryos, you have a 50-percent wastage, the next decade is the decade of the their inclusiveness and their inter- you lose 50 percent of them. The false cells. Much of our discussion is about dependence: choice Senator JOHNSON put forward developmental biology. That has built No. 1, ban embryo creation for re- was this: they either get burned up or upon the foundation of the shoulders of search. they get used for embryonic stem cell new knowledge regarding molecular No. 2, continue funding the ban on research. This last week, the 108th and cellular development, coupled with the derivation. baby was born through this Operation the new understanding that is a prod- No. 3, ban human cloning. No. 4, increase adult stem cell re- Snowflake—which is adopted em- uct of a sequencing of the human ge- search. bryos—so that is not the only choice. nome from a decade of the last cen- No. 5, provide funding for embryonic The other thing is, if everyone will tury. stem cell research only from What is important is that the rules, recognize, in the fertility community blastocysts that would otherwise be regulations, guidelines, and the frame- in this country, that in Europe, they do discarded. not have a problem with excess em- work must be defined and in large part No. 6, require a rigorous informed- bryos. We overdo it in this country in must be defined by this Senate. That is consent process. terms of creating embryos for fertility our responsibility as Senators, as rep- No. 7, limit the number of stem cell clinics. We create about four times as resentatives of the American people, lines. many obstetrician and fertility special- their attitude, their thought, their phi- No. 8, establish a strong public re- ists as the rest of the world. The choice losophies. They are our constituents. search oversight system. is not incinerate or use for embryonic A second point I made when I first No. 9, require ongoing independent stem cell research. started talking about stem cell re- scientific and ethical review. The majority leader has arrived. I search 5 years ago is we will have to No. 10, strengthen and harmonize yield my time. continually assess and then reassess in fetal tissue research restrictions. The PRESIDING OFFICER. The ma- light of advancing science certain The principles are meant to stand the jority leader. rules, guidelines, and regulations we test of time even when applied to a Mr. FRIST. Mr. President, I thank put in place. In part, that is why we are field as rapidly changing as stem cell both of my colleagues for the superb here today. research. comments thus far over the last 30 We have three bills before the Sen- Yes, I do believe both embryonic and minutes but, indeed, since we started ate. My colleagues have talked about adult stem cell research should be Fed- at 12:30 today. those three bills: the Fetus Farming erally funded but should only be done As I opened this morning, I made it Prohibition Act, the Alternative so within a carefully regulated, fully clear that this debate would be the Pluripotent Stem Cell Therapies En- transparent, fully accountable frame- first of the 21st-century dilemmas that hancement Act, and the Stem Cell Re- work, ensuring the highest level of re- involve ethical considerations and con- search Enhancement Act. Each ad- spect for that moral significance of the siderations around science, probably dresses a different facet of the issues human embryo. But we should fund re- the first of many. I say the first; obvi- raised by advancing research, advanc- search when it comes to embryonic ously, we have dealt with some other ing developmental biology, advancing stem cell research only if those em- ethical issues in medicine over the last stem cell research. Each one of them bryos, only if those stem cell lines were 5 years, but much of the discussion will demands thoughtful consideration and derived from blastocysts that, with 100 focus around science and ethics and deliberation which will play out over percent certainty, are not going to be that nexus, that crossing of those two, the course of today and tomorrow. frozen forever, are not going to be and the interplay. I spent my entire professional career adopted but with 100 percent certainty It is important that we debate this as a transplant surgeon, a professional and with appropriate consent would be and that all concerns are put on the who specializes in moving living tissue discarded, would be thrown away.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7583 Today, we do debate science, develop- technologies, in order to give others a they can renew and replicate them- mental biology, and we debate ethics. better life. But at the same time, selves again and again and again. We are called upon to confront the dis- whether it is in the laboratory, where I An adult stem cell might be re- tinctions around life’s early goings spent a lot of time, or at the bedside, I programmable. You might be able to when we do so. As my colleagues know, have been able to also witness how fear directly reprogram that cell to an ear- I am pro-life. I do believe human life can also delay scientific advances that lier stage to make it more pliable, to begins at conception. It is at this mo- are out there before us. take it back to an earlier or closer to ment, at conception, that the organism So before us today is that challenge an embryonic phase. Adult stem cells is complete—immature, yes, but com- to bridge this divide. And we should re- can be what we call multipotential, plete. It is genetically distinct, it is ject an outright fear of all techno- and that means they can differentiate, biologically human, living. Develop- logical advance. We have to work to- and you can back them down to dif- ment is a gradual process, it is a con- gether to allow science to advance and ferentiate into certain tissues. The em- tinual process. All of us in this Senate to promote those medical advances, bryonic stem cell is pluripotential, and were at one time an embryo. It rep- whether it is in developmental biology the range of tissues it can differentiate resents human life at its earliest stage or the human genome project, in order to are much greater. of development. It is a continuum, to give a healthier life or more life to coming all the way through. That is others. But we have to do so. That is But this reprogramming, coming the science. That is not religion. That why we bring these bills to the floor, back earlier to the adult stem cell, ear- is not faith. That is the science. Thus, within an ethical and moral frame- lier and earlier along its chronological I believe strongly that an embryo does work, in this pursuit. development, gives the opportunity to have moral significance. It needs to be Even while we reject a fear of sci- send that adult stem cell into various treated with the utmost dignity and re- entific and technological advancement, regions; thus, this direct reprogram- spect. we still have to—we must; it is our re- ming concept opens up great potential. We have three bills before the Sen- sponsibility—live within limits. Limits To me, and I would hope to every Mem- ate. The Fetus Farming Prohibition do not hamper human advances but, ber of this body, this type of research— Act of 2006, the implantation and ges- rather, allow us to preserve them and research that stops short of having to tation of the human embryo into either to promote them. That is why we can destroy an embryo—to obtain pluri- a human or an animal for the purpose reject this practice of fetus farming potent cells through alternative ways of aborting for research—that prohibi- while still embracing the hope that is should be supported, and I hope can be tion is what the discussion is about. offered by stem cell research. Senators supported, by everybody in this body. Clearly, that would fall far short of BROWNBACK and SANTORUM worked hard In May of last year, 2005, the Presi- ‘‘utmost dignity and respect.’’ to bring this important legislation to dent’s Council on Bioethics issued a re- The bill before the Senate ensures the floor, and I hope my colleagues will port bringing these alternative sources this practice is never employed in join me in supporting it. attention. At that time, I asked and human research in the United States. The second bill, the Alternative worked with several of my colleagues That purposeful development of a Pluripotent Stem Cell Therapies En- to put together a piece of legislation human embryo, the manufacturing of hancement Act, put forth by Senators for which we could say Federal funding human life for experimentation and its SANTORUM and SPECTER, is a very im- will go in that direction to derive these ultimate destruction is morally rep- portant bill, the purpose of which is to alternative means of developing these rehensible. It offends the conscience, step back from and to remove the eth- pluripotential cells. With more Federal degrades the value of human life, and, ical considerations that surround the support, and with more emphasis, these of course, is not medically necessary. unique potential that these pluripotent newer methods may pay off hugely in Yet it is a practice that some in the stem cells have. terms of scientific advantage and clin- field of developmental biology just Five years ago, when I came to the ical advantage. might be inclined to pursue if those floor in 2001, I said the following: They may be the way to bridge these guidelines, if those regulations, are not We should not let the potential of this re- moral and ethical differences among out there. Why? To look at the later search drive the moral considerations them- people who hold wildly different and stages beyond the embryo in terms of selves. . . . We do not know what the next broadly different views, which we will development and how cells function, or great discovery is going to be 6 months from actually hear on the floor over the it might be, as we have heard argued now. . . . So the oversight process has to be course of today and tomorrow on stem before, that the cells have a different responsive, has to be ongoing. It has to rec- cell research. Why? Because they avoid nature after the embryo stage but be- ognize that science moves very quickly. any destruction of the human embryo. fore delivery of the fetus itself and That is why we are here. We recog- The alternative methods of potentially have more stability or more differen- nize that science cannot be practiced in deriving pluripotent cells, that were tiation. This particular legislation pre- a vacuum. We need to promote and ac- spelled out in the Council on Bioethics empts, it stops that possibility. celerate these medical advances. But Not only would this be a flagrant we also need to ensure that research report of May of last year, include: ex- lack of respect for nascent human life, practices are channeled along lines traction from embryos that are no but it would also create powerful in- that respect human life and dignity. longer living; a second proposal was centives for women to undergo an in- What seemed impossible even 5 years blastomere extraction, which involves tense regimen of superovulation drugs ago now seems possible. Exciting tech- a nonlethal and nonharmful extraction and surgery with potentially dev- niques are beginning to emerge that of the blastomeres from embryos—and, astating side effects. It could exploit just may make it unnecessary to have indeed, several researchers over the women, the most likely targets of egg to destroy that embryo, to disaggre- course of the last year, since that pro- harvesting or fetal farming. Under no gate or dismember that embryo, in posal was initially made, have reported circumstances could human fetus farm- order to obtain cells that have the success in that regard—thirdly, extrac- ing be labeled ‘‘medical advancement.’’ pluripotent properties that are either tion from artificially created orga- It is the exact opposite, an unconscion- exactly like or very similar to the em- nisms that are not embryos, but able regression of the mores that define bryonic stem cells. And we have talked embryolike—this was initially pro- our culture, a culture that upholds re- about it a little bit earlier today, and posed by Bill Hurlbut at Stanford and spect for life and health. in the past, as to the unique property subsequently demonstrated by Dr. Ru- As a transplant surgeon, I have had these embryonic stem cells have, which dolf Jaenisch and others at MIT— that opportunity to see firsthand how is this pluripotentiality, which has two fourthly, the direct reprogramming of new medical discoveries and tech- concepts to it: No. 1 is that they can adult or somatic cells to a pluripotent nologies can save lives and make life become any tissue—theoretically, they state through fusion with embryonic more fulfilling for others. In fact, my can become any tissue—and that is in cell lines. entire professional career was spent on the differentiation; and, secondly, this We are already driving and pro- these newer therapies, these newer overall process of self-renewal, that moting ethical alternatives such as

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7584 CONGRESSIONAL RECORD — SENATE July 17, 2006 adult stem cell research and therapies tend to be multipotent. That means written. It restricts funding to and cord cell research, both of which the embryonic stem cells have the ca- blastocysts left over after IVF that have been important to date in the pacity to become a greater range of would otherwise be discarded. And that treatment, as well as other types of types of tissues. They are capable of re- is consistent with my fifth principle. therapy. newing themselves and replicating But the shortcomings do have to be ad- Today, adult stem cell research is the themselves over and over again indefi- dressed somewhere. only type of stem cell research that nitely. First, it lacks a strong ethical and has resulted in proven treatments for A number of people have brought up scientific oversight mechanism. Sec- human patients. At the Multiorgan what the current administration policy ond, the bill does not prohibit financial Transplant Center that I established is. As we all know, on August 9, 2001, or other incentives between scientists and directed at Vanderbilt, we did bone President Bush laid out his principles and fertility clinics. Third, the bill marrow transplants, which are com- and put in place a policy, which I sup- does not specify whether the patients monly done for treatment of many ported, that for the first time allowed or clinic staff or anyone else has the types of cancers now; at that point, for Federal funding for embryonic stem final say about whether an embryo will many types of blood disease. We have cell research. The President’s policy be implanted or will be discarded. had bone marrow transplants done in was consistent with my initial prin- And were circumstances different and this country for, oh, about 40 years. ciples—my seventh principle: to limit had the House not acted so quickly and The first bone marrow transplant was the number of stem cell lines. In order sent the bill over—I think we should done in 1968. to accomplish that limiting the num- have had the opportunity to have a Stem cells taken from cord blood ber of lines, the President used a date: thorough examination and rewrite of have shown great promise in treating August 9, 2001. that bill. However, even with those res- the myeloproliferative disorders, the The President’s policy also says: ervations, I do support the Stem Cell leukemias, congenital immune system Let’s support stem cell lines that have Research Enhancement Act. As I said, disorders. been derived from blastocysts that it is completely consistent with my Recently, cord blood cells have were going to be thrown away or dis- principles from 5 years ago. shown some ability to become natural carded. His policy is the same in that Many of my colleagues, such as I, cells, which could lead to treatments regard. The cell lines we federally sup- have spent countless hours grappling for more heart disease and Parkinson’s port today all came from blastocysts with this issue—the future of stem cell disease. The first cord blood transplant that were left over by in vitro fertiliza- research. How do we balance pro-life was done about 20 years ago in 1988. tion that were going to be discarded. positions with the potential for new So every day we unlock more of the The President basically said it was OK life and health offered by stem cell re- mysteries of human life, more ways to to do that before August 9, but after search? There is, perhaps, an inclina- promote and enhance our health. This August 9 that will not be allowed any- tion to avoid such difficult issues, to compels the profound questions we ad- more, and we will only fund those cell ignore them and let others debate. But dress, moral questions with which we lines. I believe and feel strongly that we understandably struggle. Transplan- I thought it was very important that must participate in defining research tation itself posed a question similar to Congress continue oversight. Remem- surrounding the culture of life. those we face with stem cell research, ber, 5 years ago or 6 years ago, I said If we don’t do that, it will define us. a little bit different in that organs we are going to be coming back to this Finally, I thank all of my colleagues. I were transplanted principally, when I again and again and again. I think that know we will have a good debate over got started, at the end stage of life. oversight absolutely is critical. the next day. We will have those votes People without a heart would be dying This third bill, the Stem Cell Re- at 2:45 tomorrow. I hope those votes 4 to 6 months later. We had to define, search Enhancement Act, which is the will show there are areas of consensus as I mentioned earlier, what is brain House-passed bill, the Specter-Hatch, among us and that where differences death. We had ethical considerations the Castle-DeGette bill, is the bill most exist we can respectfully articulate and about how to allocate a very few num- people will be spending most of their vote our conscience. ber of organs to the many people who time on over the next day and a half. The PRESIDING OFFICER. Under waited, which literally meant some Over the last 5 years—while it was the previous order, the minority is in people would die waiting for that widely believed when the President put control of time for the next 30 minutes. scarce organ—all ethical consider- forth his policy that there would be 78 The Senator from Iowa is recognized. ations. embryonic stem cell lines available for Mr. HARKIN. Mr. President, I know If we can devise a moral and ethical Federal funding—we have learned, that one of the cosponsors of the bill, framework, then it is my belief we will through science, that has not been the one of the great leaders in the Senate have the chance to save many lives and case. In fact, of the initial anticipated on stem cell research, has arrived on make many countless other lives more 78 lines, there are, right now, about 22 the floor to speak. I know the Chair fulfilling. That is why it is imperative lines that are eligible. There is some will be recognizing her shortly. we get our stem cell policy right sci- concern that these lines are becoming I wanted, again, to just take a mo- entifically, morally, and ethically. less and less stable and less replicative ment to sort of repeat for emphasis A lot of diseases have been men- than initially thought. sake what has been said before. I think tioned on the floor, and I guess over While we know that this embryonic the distinguished majority leader re- the next 2 days I will have the oppor- stem cell research is at a very early ferred to that also. It is just that here tunity to come back and talk about stage—remember, these embryonic we have an instance where so many some of those particular diseases. stem cells were discovered, first, just leading scientists around, U.S. Nobel Adult stem cells, we know, are so pow- in 1998; unlike adult stem cells, where Prize winners, and all the disease erful. They have effectively treated so we have 40 years of research history— groups—I submitted a compendium of many diseases today. I mentioned bone we do know that the embryonic stem about 205, and I think that may soar to marrow transplantation. But the list cell research is moving fast and mov- 500 or 600 by the end of the day—are will be coming to the floor, and they ing quickly. supporting H.R. 810. have come to the floor, about the num- The question is: Are there a suffi- Lest one thinks that, A, either they ber of therapies with bone marrow cient number of cell lines to keep that have all been hoodwinked into think- transplantation and other adult stem research going? I believe right now ing this bill is something it is not or, cells. Embryonic stem cells, however, that the current policy unduly re- B, that these are malevolent people do have this unique capacity of self- stricts the number of cell lines. As I who want to just destroy embryos replication, self-renewal over time, and have said, I am going to be supporting without any thought about the moral- greater potential to differentiate into and voting for H.R. 810, the Stem Cell ity or the ethics of it, they are simply other types of tissues. Unlike other Research Enhancement Act. I do not mistaken. First of all, none of these stem cells, these embryonic stem cells think it is an ideal piece of legislation. people have been hoodwinked, and are pluripotent, where adult stem cells It has a few essential shortcomings as most of these scientists are as ethical

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7585 and moral a people as you could find sion for these stem cell lines had al- ing American researchers far behind in anywhere. They are saying let’s use ready been made. one of the most important fields of sci- these blastocysts, embryos, or however Unfortunately, the policy did not entific discovery, and I want to spend a you want to define them to enhance work out as promised. These available moment on that. life, cure disease and illness, rather lines are all contaminated with mouse Because of President Bush’s restric- than having them be discarded, and to feeder cells and, therefore, are useless tions, some of our best and brightest do it in a very ethical manner. That is for human research purposes. They scientists are leaving the United States what this bill provides. don’t have the diverse genetic makeup to work overseas in countries that With that, I yield the floor. that may be necessary to find cures to have embraced the promise of com- The PRESIDING OFFICER. The Sen- benefit all Americans. Researchers prehensive stem cell research. This ator from California is recognized. cannot use them to examine rare and brain drain has hit my State particu- Mrs. FEINSTEIN. Mr. President, I deadly genetic diseases. larly hard. Let me give you a few ex- rise to support the Stem Cell Research Castle-DeGette states that embryos amples. Enhancement Act. Passage of this leg- to be discarded from in vitro fertiliza- Roger Peterson, a renowned sci- islation will finally allow scientists to tion clinics may be used in federally entist, left the University of California fully pursue the promise of stem cell funded stem cell research no matter Medical Center in San Francisco in research. It will offer hope to millions when they were created. 2001, citing the unfriendly research cli- of our people. Mr. President, we have While opponents have suggested that mate in the United States. He is now waited a long time for this day. Ear- this bill will lead us down a slippery conducting human stem cell research lier, Senator HARKIN spoke to the fact slope, the parameters created by the at Cambridge University in the United that it was in 1998 when he and Senator bill are actually numerous and they Kingdom. He and his UK team are ex- SPECTER introduced the first bill deal- are very strict: ploring the biology behind pluripotent, ing with stem cell research. I recall The embryos must be left over fol- or multipurpose stem cells, and are that year I introduced one of the first lowing fertility treatment. looking for ways to use them for treat- bills dealing with ethical standards It must be clear that the embryos ment. He would not have had Federal surrounding stem cell research. So it will be discarded. funding to do this work in the United has been 8 years. The people donating the embryos States, so he left. Now, finally, the House of Represent- must provide written consent. Dr. Judith Swain, from the Univer- atives overwhelmingly approved bipar- These donors may not be com- sity of California San Diego, will leave tisan legislation. In the intervening pensated for their donation. for Singapore in September, where she time, we have all heard from patients, These restrictions mean that over will work at Singapore’s state-funded survivors, and scientists who are des- 400,000 embryos could become avail- research institute called Biopolis. Her perate to pursue this research that one able, all while ensuring that research- husband, Dr. Edward Holmes, also of day could lead to treatments and cures ers meet the highest of ethical stand- the University of California at San for diabetes, cancer and, yes, even spi- ards. Diego, is a ranking official in Califor- nal cord injury. Forty Nobel laureates Let us be clear. We are talking about nia’s stem cell agency. He is also leav- have weighed in with their support, as embryos that will be destroyed wheth- ing for Singapore. did former First Lady Nancy Reagan. er or not this bill becomes law. It is an NIH researchers, Neal Copeland and While we were waiting, we lost Chris- indisputable fact that these embryos Nancy Jenkins, turned down offers to topher and Dana Reeve, tireless advo- have no future. join Stanford University’s stem cell de- cates of stem cell research, and an in- We should not confuse the research partment. They, too, are moving to spiration for all of us. Millions more permitted under this bill with the ac- Singapore. Copeland has said that he American families experienced first- tivities described under the two other selected Singapore because of its ‘‘un- hand the devastation wrought by cata- bills currently before us. I am going to fettered support of human embryonic strophic illnesses. support these bills. Yet it is important stem cell research.’’ My colleagues and I, Senators SPEC- to realize that their passage will do These are but a few examples of the TER, HARKIN, KENNEDY, HATCH, and nothing to change the status quo. costs of this President’s policy. SMITH, worked tirelessly to bring this The Fetus Farming Prohibition Act Researchers are attracted by the fed- to a vote. We pushed privately, we bans activities that occur in horror eral funding provided in at least 10 wrote letters, we gave speeches, and we movies, not in our research labs. We other nations—Germany, Finland, held press conferences to highlight the should not allow these farfetched and France, Sweden, United Kingdom, plight of patients who are living with frightening techniques, which no re- South Korea, Singapore, Israel, China, illnesses day in and day out. spected scientist anywhere endorses, to and Australia. These investments total Finally, after all of this pleading and distract from the plight of millions of hundreds of millions of dollars that are delay, the Senate is acting. Americans seeking cures from dev- already producing tangible progress. I thank my colleagues for their long- astating diseases. Sweden funds, with federal funds, 400 standing leadership on this issue, and I This debate is also not about the researchers today. South Korea and am also very grateful to the majority myriad research approaches envisioned China are each funding an additional leader, Senator FRIST, for his support in the Alternative Pluripotent Stem 300. Australia has pledged $90 million for stem cell research and his work Cell Therapies Enhancement Act, as in- through 2011. This investment has al- with his caucus to reach this agree- troduced by my colleagues, Senators ready paid off, as Australian research- ment that has made this debate pos- SPECTER and SANTORUM. This research ers have discovered a way to manipu- sible. can already be funded with Federal dol- late stem cells into lung cells. This For all of the controversy that it is lars. Respected scientists are exam- technology could one day be used to generating, the Castle-DeGette Stem ining a variety of ways to create these treat cystic fibrosis. Cell Research Enhancement Act is re- multipurpose cells and, of course, this Scientists from around the world markably simple. It reverses the failed work should continue. have come to Singapore’s Institute of policy announced by President Bush in We simply don’t know which research Bioengineering and Nanotechnology. 2001 when he restricted Federal funding approaches will prove fruitful and There, they are using stem cells to to stem cell lines already in existence. which will fail. Alternative techniques produce artificial kidneys. This could At the time, the President himself may lead eventually to cures for seri- one day free people from the burden of recognized the great promise of stem ous afflictions, or they may not. Sci- kidney dialysis. cell research. He sought to find middle entists, not Senators, should determine Researchers in other countries now ground, announcing a policy that pro- what research to pursue. author an increasing proportion of vided Federal funding for more than 60 Supporting only the Specter- stem cell papers than those in the preexisting genetically diverse stem Santorum alternative is not an en- United States. cell lines. This was morally acceptable, dorsement of stem cell research. It is Foreign researchers have derived al- he said, because the life-or-death deci- an affirmation of a policy that is leav- most three-quarters of the world’s new

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7586 CONGRESSIONAL RECORD — SENATE July 17, 2006 stem cell lines, moving quickly ahead The level of funding that will ultimately other diseases like Parkinson’s and di- of our country, the United States. be required to advance this field of science to abetes, it will provide crucial insights Other nations have the money, the human trials, however, suggests that Federal into the disease and the usefulness of researchers, the facilities, and the new funding will be necessary. Yet, under current new drugs.’’ stem cell lines they need to move for- Federal policy, the only stem cell lines eligi- ble for Federal funding were created using Mark Siegel from Los Angeles has ward. They are learning more about mouse feeder cells and could never be used in suffered from Parkinson’s for 8 years. stem cells every day and laying the clinical trials with humans. For over half the time he has been ill, foundation for groundbreaking cures. Could never be used in clinical trials the President’s policies have slowed American scientists, on the other for humans. stem cell research. Mark was diagnosed hand, cannot obtain Federal funding to I am particularly proud of the com- when he was 36 years old. One of my do this work. These Federal funding re- mitment demonstrated by California sons-in-law was just diagnosed, and he strictions have a real world impact on scientists and activists in the face of is 44 years old. ongoing research. What happens is Parkinson’s slowly American scientists are making these restrictions. In 2004, California voters approved a proposition, propo- erodes one’s motor control. Mark great strides with work on mouse stem Siegel’s condition had forced him to cells. They are showing what could be sition 71. That proposition created and funded the California Institute of Re- change jobs, and he is afraid we are los- possible if there is Federal funding to ing the race against time to find a cure extend this work into humans. generative Medicine. It funded it with $3 billion of taxpayers’ dollars over 10 and save his life. Researchers at Stanford University Jennifer Heumann from Huntington years, and it supported promising re- have recently turned cells derived from Beach, CA, has been living with juve- search conducted in my State. This mouse embryos into one of the building nile diabetes since she was 2 years old, blocks of blood vessels. This advance work will be done with careful ethical and she is now 16. She says diabetes means they may eventually be able to oversight. It also bans human repro- hasn’t stopped her from playing varsity grow entirely new blood vessels, offer- ductive cloning, something we all tennis or going to high school dances, ing great promise to patients suffering agree is immoral and unethical. but she knows her disease can cause se- This investment, hopefully, once it from heart disease. But without Fed- rious complications. Without a cure, gets past the court tests, will make eral funds, it is unlikely they can get she has a 65-percent chance of dying California a leader in this industry and the stem cell lines to be able to do the from heart disease or stroke and a 60- in finding cures that will change the human research. percent chance of developing nervous A research team at Johns Hopkins lives of suffering patients. system damage. used cells from mouse embryos to re- Other States are making similar in- Jennifer writes: vestments. Connecticut, Illinois, New generate nerves in paralyzed rats. These are the cold, hard facts, but I am not After treatment, many of the rats re- Jersey, Maryland, and others are con- content to admit they are my destiny. I be- gained enough strength to walk and sidering after 5 years of delay because lieve that a cure is in sight, and that embry- bear weight on their previously para- of the restriction on Federal funding— onic stem cell research may be the key to lyzed hind legs. they are taking steps to move this im- finding this cure. If this is the case, how can Mr. President, do you know what this portant work forward on a State basis. we justify passing up this opportunity? means? This means it might—just But—and here is the but—a patchwork, We all should ask that question. This might—be possible to do something State-by-State approach is no way to impressive young woman is hard to science said could never be done, and run science policy. States have many argue with. She makes a very eloquent that is to regenerate a severed spinal other responsibilities, such as funding point, and until we know what kinds of column, to regenerate the nerves which education, building infrastructure, and research could lead to cures for these scientists always thought never again so on, and we shouldn’t expect them to catastrophic diseases, we should sup- could be regenerated. solely carry the burden of funding one port scientists and we should push We would never have thought discov- of the most promising fields of science. ahead every possible lead. eries such as this were possible even a There is a reason we invest so much These patients and family members few years ago. So think of what it in the National Institutes of Health represent only a few of the tens of means for every paraplegic or quad- and the biomedical research they con- thousands of Californians I have heard riplegic to know that there is hope out duct. The NIH can then set national from who support stem cell research. there, that the first rat tests have standards and ensure that research is As a matter of fact, by the latest poll, shown it works? not being duplicated and to see that it 72 percent of Americans support stem The next step is the human stem cell is carried out under ethical standards. cell research. lines, to be able to carry out that re- This is something everyone should We don’t want to spread false hope. search on humans, and that is exactly want. You should want that Federal There is still much we don’t under- what we are talking about today. oversight of NIH over all research fund- stand about stem cells. Some of the Scientists now must work to trans- ing that is funded with Federal dollars. cures may never come to fruition, but late these promising advances into It is also important to remember unless we allow our scientists to con- cures for humans. Such a feat will al- that this debate is about real people tinue their work, we will never, ever most certainly require access to viable whose lives are impacted by illness know. How can any of us tell a patient lines of human stem cells, and unless every single day, day in, day out. I suffering from juvenile diabetes, a can- we pass Castle-DeGette and unless the have heard from so many Californians cer victim, or a young man with heart President signs Castle-DeGette, these who have been personally impacted by disease, that the Senate decided not to lines will not be available in the United diseases that could one day be cured allow researchers to pursue all the sci- States to regenerate a severed spinal with stem cell research. I want to tell entific leads that may one day offer column, to regenerate blood vessels, or them a cure? How can we say that? to do anything else. a few of those stories. Mike Armstrong, an old friend and Leslie Bishop Franco from Oakland, How can we say we know better? How chairman of the Johns Hopkins board CA, wrote to me to say she supports can we say because of a small propor- of trustees, made this very point in a stem cell research because her mother tion of people’s beliefs we are going to letter he wrote stating news of this ad- was diagnosed with Alzheimer’s at the stop all Federal research in the United vance. Here is what he said: age of 57. Her mother quickly became States of America? unable to work and then unable to care Last week, Karl Rove declared that Treatments not only for paralysis, but for ALS, for multiple sclerosis, and similar dis- for herself. Leslie and her sisters and the President is emphatic about eases of the brain now seem possible. The brothers cared not only for their own vetoing this legislation. I hope not. exact timeframe is impossible to predict, but young children but also for their moth- The President himself acknowledged it will almost certainly depend on the avail- er. This is something many families the great promise of stem cells back in ability of Federal funding. know all too well. 2001, and with the health of millions of It will depend on the availability of Leslie writes that even if stem cell Americans at stake, it is my hope that Federal funding, and that is what is at research does not ‘‘lead to a cure for if and when this bill tomorrow after- stake in this debate. He goes on to say: Alzheimer’s as it has the potential in noon passes the Senate and if and when

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7587 it goes to the President of the United sure of—and I just want to go back. the money. If you look around the States, he will reconsider his veto The Senator from California claims 72 world today, the world as a whole, and threat. Too many lives depend upon percent of Americans favor stem cell you look at where the money is being the advances which may well be pos- research. That is true. That is true, if spent, it is not being spent on embry- sible. you ask it that way. But if you ask it: onic stem cells. It is being spent on Either you are for stem cell research Should your tax dollars be used to de- stem cells from us, just like we had the or you are not. It is that simple. True stroy embryos to then create a re- debate a moment ago. We now know support for stem cells means lifting the search mechanism, it falls to 38 per- ductal cells from somebody’s pancreas restrictions from hampering some of cent. So there is a difference between can create new insulin-producing cells. the most promising research, and only the ethical dilemma. I understand peo- We know now the mucosa, the lining of Castle-DeGette, only H.R. 810 will do ple can honorably disagree on the eth- your mouth, can create cells to make that. No matter what the President de- ical dilemma, but we ought to be truth- you a new cornea. You don’t have to cides on other legislation we are con- ful about what the polling actually have a cornea transplant in the future sidering today, rejecting H.R. 810 is a says. If you specifically say what we because your own cells are going to be rejection of science. It is a rejection of are doing, you get a much different an- able to create a new cornea. We also the hopes of millions of patients. This swer. know that we have stem cells in our vote and the President’s reaction to it I want to talk for a minute about body that can take away cystoid should not be about assuaging a small something the majority leader dis- macular edema, this aging process but vocal minority with views far from cussed. He is a transplant surgeon. where we as seniors start to lose our the mainstream of 72 percent of the There are two problems transplant sur- vision—the cloudiness—the macular American people. Patients and their geons face. One is enough organs, area of the retina starts to fall away. families deserve more than the Presi- which is a difficult problem in our All of these wonderful things that we dent’s first veto. How would you like it country today, but the second problem are doing versus nothing that has been if you were President of the United is rejection. Nobody is talking about accomplished. States and the first veto of your polit- the long-term consequences of where ical career were a veto of the one thing I also would refer to the reference of we go. the Senator from California to the that offers hope for millions of Ameri- Let’s assume everything that every- renal success. It wasn’t done with an cans suffering from catastrophic dis- one says about embryonic stem cell re- embryonic stem cell, it was done with ease? The one thing out there. search is right. I am highly skeptical of an adult stem cell. That research was I want to assure these patients that that, but let’s assume that it is. You all adult stem cells. So we end up tend- my colleagues and I will not stop fight- still have this little problem called ing to confuse what has really hap- ing for this. We will continue to push histocompatibility; in other words, re- pened. in every way possible. Patients suf- jection. Whatever you do with it, you fering from these catastrophic illnesses are going to have a problem with rejec- The fact is, all the success in treat- have already waited too long. Amer- tion. And the thing that is so exciting ment, all the success in terms of who is ican scientists have already fallen be- about germ cell—and I want to explain willing to invest private capital, where hind their international counterparts, that for a minute. Germ cells— they are putting it, they are not put- and the time has come to finally pass pluripotent stem cells—just as power- ting it in embryonic. There is a reason Castle-DeGette on a sweeping bipar- ful as embryonic, they can do every- for it. It is because in the long term it tisan basis, just as the House of Rep- thing that embryonic can. They don’t won’t be the best treatment. It is fun resentatives did 13 months ago. have that problem. No. 1, they are science. As a doctor, I will tell you Thank you very much. I yield the pluripotent; No. 2, they continue to re- there could be no more fun or reward- floor. produce pluripotent cells just like em- ing or interesting science than embry- The PRESIDING OFFICER. Under onic stem cell because you can turn the previous order, the next 30 minutes bryonic. That is new research. That is 6 months old. It was discovered here things on and turn things off. There is will be controlled by the majority. no question about it. But what we are Mr. COBURN. Mr. President, Senator first. It was duplicated in Germany last finding out is you can actually do that BROWNBACK has graciously allowed me month. So that is a brand new study. with our own cells, our own stem cells. to take 10 minutes of his time. I would The point is, you don’t have rejection like to do that at this time. because you are taking your own cells This idea of de-differentiation—and I First of all, I would like to set the to create a pluripotent cell, and that is want to explain that for a minute be- record straight: the United States re- the wonderful thing about adult stem cause we are going to hear a lot about mains the world’s leader of published cells, about cord blood stem cells, it in the next 10 years—we take one of stem cell articles and human embry- about germ cells, is that they create a your stem cells, one of your multi- onic stem cell articles. Specifically, it pluripotent cell. There is no rejection. potent—not totipotent, not pluri po- was April 6 of this year when that So when you hear all the talk about tent, but multi—and reverse its mecha- statement was made. From 1998 embryonic stem cell research, the nism where we make it pluripotent. We through the end of 2005, the United thing to remember is when you get the are doing that in several stem cells States published 46 percent of all pa- treatment, you are going to have the now with an enzyme called reversa, pers published worldwide—by far the side effects like everybody else who has where they are reversing the cell struc- single largest proportion. The remain- the transplant—if it works—and that is ture and making it revert back to what ing 54 percent was divided among 17 immune-suppressive drugs. You are it was; in other words, grow in reverse other countries. going to have to have them. The only to become pluripotent. way not to have that is to do fetal Mr. President, I ask unanimous con- So I hope everybody will remember, farming or human cloning, where you sent to have printed in the RECORD the this isn’t a choice about cures or no clone yourself and then take part of latest peer review articles that have cures. We are getting cures like crazy what you have cloned back, which we been brought up to date for this year. right now with adult stem cells and already know is illegal and is banned. This is about 15 pages long, and it has cord blood. We are going to be doing So it is important for the debate to multiple entries. For every disease tons more when this germ cell comes focus on that. that has been mentioned on the Senate forward. There is no question the sci- floor by those supporting the embry- Everybody in this country wants cures. Everybody wants to do the thing entific community is extremely excited onic stem cell research, there are about germ cell pluripotent stem cells treatments ongoing today using adult that will get us there the fastest with the least complications, and we want because it has all the potential that an stem cells. embryonic stem cell has and none of The PRESIDING OFFICER. Without to invest our dollars in what will be the problems. objection, it is so ordered. most successful. (See exhibit 1.) One of the things my dad taught me With that, I yield back my remaining Mr. COBURN. Mr. President, the is to look around the world, and if you time, and I thank the Senator from other thing I think we ought to make want to see what is happening, follow Kansas.

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EXHIBIT 1 Josting, A; ‘‘Treatment of Primary Pro- hemolysing AILD’’; Leuk Res 25(3), 267–270; PEER-REVIEWED REFERENCES SHOWING gressive Hodgkin’s and Aggressive Non- March 2001 APPLICATIONS OF ADULT STEM CELLS Hodgkin’s Lymphoma: Is There a Chance for Multiple myeloma Cure?’’; J Clin Oncol 18, 332–339; 2000 THAT PRODUCE THERAPEUTIC BEN- Aviles A et at., Biological modifiers as EFIT OR HUMAN PATIENTS (NOT A Kirita T et al.; ‘‘Primary non-Hodgkin’s lymphoma of the mandible treated with ra- cytoreductive therapy before stem cell COMPLETE LISTING, SAMPLE REF- transplant in previously untreated patients ERENCES) diotherapy, chemotherapy, and autologous peripheral blood stem cell transplantation’’; with multiple myeloma, Annals of Oncology ADULT STEM CELLS—HEMATOPOIETIC Oral Surg Oral Med Oral Pathol Oral Radiol 16, 219–221, 2005 REPLACEMENT Endod. 90, 450–455; Oct. 2000 Vesole, DH et al.; ‘‘High-Dose Melphalan CANCERS With Autotransplantation for Refractory Hodgkin’s lymphoma Brain tumors—medulloblastoma and glioma Multiple Myeloma: Results of a Southwest Peggs KS et al., ‘‘Clinical evidence of a Dunkel, IJ; ‘‘High-dose chemotherapy with Oncology Group Phase II Trial’’; J Clin graft-versus-Hodgkin’s-lymphoma effect Oncol 17, 2173–2179; July 1999. autologous stem cell rescue for malignant after reduced-intensity allogeneic brain tumors’’; Cancer Invest. 18, 492–493; 2000 transplantion’’, Lancet 365, 193–1941 ,4 June Myelodysplasia Abrey, LE et al.; ‘‘High dose chemotherapy 2005 Ohnuma K et al.; ‘‘Cord blood transplan- with autologous stem cell rescue in adults Josting, A; ‘‘Treatment of Primary Pro- tation from HLA-mismatched unrelated do- with malignant primary brain tumors’’; J. gressive Hodgkin’s and Aggressive Non- nors as a treatment for children with Neurooncol. 44, 147–153; Sept. 1999 Hodgkin’s Lymphoma: Is There a Chance for haematological malignancies’’; Br J Finlay, JL; ‘‘The role of high-dose chemo- Cure?’’; J Clin Oncol 18, 332–339; 2000 Haematol 112(4), 981–987; March 2001 therapy and stem cell rescue in the treat- Acute lymphoblastic leukemia Bensinger WI et at.; ‘‘Transplantation of ment of malignant brain tumors: a re- bone marrow as compared with peripheral- appraisal’’; Pediatr. Transplant 3 Suppl. 1, Laughlin MJ et al.; ‘‘Hematopoietic blood cells from HLA-identical relatives in 87–95; 1999 engraftment and survival in adult recipients of umbilical-cord blood from unrelated do- patients with hematologic cancers’’; New Retinoblastoma nors’’, New England Journal of Medicine 344, England Journal of Medicine 344, 175–181; Jan Hertzberg H et al.; ‘‘Recurrent dissemi- 1815–1822; June 14, 2001 18 2001 nated retinoblastoma in a 7-year-old girl Ohnuma K et al.; ‘‘Cord blood transplan- Breast cancer treated successfully by high-dose chemo- tation from HLA-mismatched unrelated do- Damon LE et al.; ‘‘High-dose chemo- therapy and CD34-selected autologous pe- nors as a treatment for children with therapy and hematopoietic stem cell rescue ripheral blood stem cell transplantation’’; haematological malignancies’’; Br J for breast cancer: experience in California’’; Bone Marrow Transplant 27(6), 653–655; March Haematol 112(4), 981–987; March 2001 Biol. Blood Marrow Transplant 6, 496–505; 2001 Marco F et al.; ‘‘High Survival Rate in In- 2000 Dunkel IJ et al.; ‘‘Successful treatment of fant Acute Leukemia Treated With Early metastatic retinoblastoma’’; Cancer 89, 2117– High-Dose Chemotherapy and Stem-Cell Paquette, RL et al., ‘‘Ex vivo expanded 2121; Nov. 15, 2000 Support’’; J Clin Oncol 18, 3256–3261; Sept. 15 unselected peripheral blood: progenitor cells Ovarian cancer 2000 reduce post-transplantation neutropenia, thrombocytopenia, and anemia in patients Stiff PJ et al.; ‘‘High-dose chemotherapy Acute myelogenous leukemia with breast cancer’’, Blood 96, 2385–2390; Oc- and autologous stem-cell transplantation for Laughlin MJ et al.; ‘‘Hematopoietic tober, 2000. ovarian cancer: An autologous blood and engraftment and survival in adult recipients Stiff P et al.; ‘‘Autologous transplantation marrow transplant registry report’’; Ann. In- of umbilical-cord blood from unrelated do- of ex vivo expanded bone marrow cells grown tern. Med. 133, 504–515; Oct. 3, 2000 nors’’, New England Journal of Medicine 344, from small aliquots after high-dose chemo- Schilder, RJ and Shea, TC; ‘‘Multiple cy- 1815–1822; June 14, 2001 therapy for breast cancer’’; Blood 95, 2169– cles of high-dose chemotherapy for ovarian Ohnuma K et al.; ‘‘Cord blood transplan- 2174; March 15, 2000 cancer’’; Semin. Oncol. 25, 349–355; June 1998 tation from HLA-mismatched unrelated do- Koc, ON et al.; ‘‘Rapid Hematopoietic Re- Merkel cell carcinoma nors as a treatment for children with covery After Coinfusion of Autologous-Blood Waldmann V et al.; ‘‘Transient complete haematological malignancies’’; Br J Stem Cells and Culture-Expanded Marrow remission of metastasized merkel cell car- Haematol 112(4), 981–987; March 2001 Mesenchymal Stem Cells in Advanced Breast Gorin NC et al.; ‘‘Feasibility and recent cinoma by high-dose polychemotherapy and Cancer Patients Receiving High-Dose Chem- improvement of autologous stem cell trans- autologous peripheral blood stem cell trans- otherapy’’; J Clin Oncol 18, 307–316; January plantation for acute myelocytic leukaemia plantation’’; Br. J. Dermatol. 143, 837–839; 2000 Oct. 2000 in patients over 60 years of age: importance of the source of stem cells’’; Br. J. Haematol. Neuroblastoma Testicular cancer 110, 887–893; Sept 2000 Kawa, K et al.; ‘‘Long-Term Survivors of Bhatia S et al.; ‘‘High-dose chemotherapy Bruserud O et al.; ‘‘New strategies in the Advance Neuroblastoma With MYCN Ampli- as initial salvage chemotherapy in patients treatment of acute myelogenous leukemia: fication: A Report of 19 Patients Surviving with relapsed testicular cancer’’; J. Clin. mobilization and transplantation of Disease-Free for More Than 66 Months’’; J Oncol. 18, 3346–3351; Oct. 19, 2000 autologous peripheral blood stem cells in Clin Oncol 17:3216–3220; October 1999 Lymphoma adult patients’’; Stem Cells 18, 343–351; 2000 Renal cell carcinoma Tabata M et al.; ‘‘Peripheral blood stem Chronic myelogenous leukemia Barkholt L et at., Allogeneic cell transplantation in patients over 65 years Laughlin MJ et al.; ‘‘Hematopoietic haematopoietic stem cell transplantation for old with malignant lymphoma—possibility engraftment survival in adult recipients of metastatic renal carcinoma in Europe, An- of early completion of chemotherapy and im- umbilical-cord blood from unrelated do- nals of Oncology published online 28 April provement of performance status’’; Intern nors’’, New England Journal of Medicine 344, 2006 Med 40, 471–474; June 2001 1815–1822; June 14, 2001 Arya M et al., Allogeneic hematopoietic Josting, A; ‘‘Treatment of Primary Pro- Ohnuma K et al.; ‘‘Cord blood transplan- stem-cell transplantation: the next genera- gressive Hodgkin’s and Aggressive Non- tation from HLA-mismatched unrelated do- tion of therapy for metastatic renal cell can- Hodgkin’s Lymphoma: Is There a Chance for nors as a treatment for children with cer, Nat Clin Pract Oncol. 1, 32–38, Nov 2004 Cure?’’; J Clin Oncol 18, 332–339; 2000 haematological malignancies’’; Br J Childs R et al., ‘‘Regression of Metastatic Koizumi M et al.; ‘‘Successful treatment of Haematol 112(4), 981–987; March 2001 Renal-Cell Carcinoma after intravascular malignant lymphomatosis Juvenile myelomonocytic leukemia with high-dose chemotherapy and autologous Nonmyeloablative Allogeneic Peripheral- peripheral blood stem cell transplantation’’; Ohnuma K et al.; ‘‘Cord blood transplan- Blood Stem-Cell Transplantation‘‘, New Eng- Bone Marrow Transplant 27, 1101–1103; May tation from HLA-mismatched unrelated do- land Journal of Medicine 343, 750–758; Sept. 2001 nors as a treatment for children with 14, 2000 haematological malignancies’’; Br J Childs, RW; ‘‘Successful Treatment of Non-hodgkin’s lymphoma Haematol 112(4), 981–987; March 2001 Metastatic Renal Cell Carcinoma With a Buadi FK et al., Autologous hematopoietic Chronic myelomonocytic leukemia Nonmyeloablative Allogeneic Peripheral- stem cell transplantation for older patients Blood Progenitor-Cell Transplant: Evidence with relapsed non-Hodgkin’s lymphoma, Elliott MA et al., Allogeneic stem cell transplantation and donor lymphocyte infu- for a Graft-Versus-Tumor Effect:; J Clin Bone Marrow Transplant 37, 1017–1022, June Oncol 17, 2044–2049; July 1999 2006 sions for chronic myelomonocytic leukemia, Tabata M et al.; ‘‘Peripheral blood stem Bone Marrow Transplantation 37, 1003–1008, Soft tissue sarcoma cell transplantation in patients over 65 years 2006 Blay JY et al.; ‘‘High-dose chemotherapy old with malignant lymphoma—possibility Angioimmunoblastic lymphadenopaihy with with autoogous hematopoietic stem-cell of early completion of chemotherapy and im- dysproteinemia transplantation for advanced soft tissue sar- provement of performance status’’; Intern Lindahl J et al.; ‘‘High-dose chemotherapy coma in adults’’; J. Chin. Oncol. 18, 3643–3650; Med 40, 471–474; June 2001 and APSCT as a potential cure for relapsing Nov 1 2000

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Ewing’s sarcoma ADULT STEM CELLS—IMMUNE SYSTEM cyclophosphamide and autologous stem cell Drabko K et al., Megachemotherapy fol- REPLACEMENT transplantation, Bone Marrow Transplan- lowed by autologous stem cell transplan- AUTOIMMUNE DISEASES tation 32, 337–340, 2003 Burt, RK et al., ‘‘High-dose immune sup- tation in children with Ewing’s sarcoma, Pe- Systemic lupus diatric Transplantation 9, 618–621, 2005 pression and autologous hematopoietic stem Burt RK et al., Nonmyeloablative cell transplantation in refractory Crohn dis- Various solid tumors hematopoietic stem cell transplantation for ease’’, Blood 101, 2064–2066, March 2003 Pedrazolli P et al., High dose chemo- systemic lupus erythematosus, Journal of Rabusin, M et al.; ‘‘Immunoablation fol- therapy with autologous hematopoietic stem the American Medical Association 295, 527– lowed by autologous hematopoietic stem cell cell support for solid tumors other than 535, February 1, 2006 infusion for the treatment of severe auto- breast cancer in adults, Annals of Oncology Burt RK et al., ‘‘Induction of tolerance in immune disease’’; Haematologica 85(11 published online 17 March 2006 autoimmune diseases by hematopoietic stem Suppl), 81–85; Nov. 2000 Nieboer P et al.; ‘‘Long-term cell transplantation: getting closer to a Hawkey, CJ et al.; ‘‘Stem cell transplan- haemato1ogical recovery following high-dose cure?’’, Blood 99, 768–784, 1 February 2002 tation for inflammatory bowel disease: prac- chemotherapy with autologous bone marrow Wulfffraat, NM et al.; ‘‘Prolonged remis- tical and ethical issues’’; Gut 46, 869–872; transplantation or peripheral stem cell sion without treatment after autologous June 2000 transplantation in patients with solid stem cell transplantation for refractory Behcet’s disease childhood systemic lupus erythematosus’’; tumours’’; Bone Marrow Transplant 27, 959– Rabusin, M et al.; ‘‘Immunoablation fol- Arthritis Rheum 44(3), 728–731; March 2001 966; May 2001 lowed by autologous hematopoietic stem cell Rosen, O et al.; ‘‘Autologous stem-cell Lafay-Cousin L et al.; ‘‘High-dose thiotepa infusion for the treatment of severe auto- transplantation in refractory autoimmune and hematopoietic stem cell transplantation immune disease’’; Haematologica 85(11 diseases after in vivo immunoablation and ex in pediatric malignant mesenchymal tumors: Suppl), 81–85; Nov. 2000 vivo depletion of mononuclear cells’’; Arthri- a phase II study’’; Bone Marrow Transplant tis res. 2, 327–336; 2000 Rheumatoid arthritis 26, 627–632; Sept. 2000 Traynor, AE et al.; ‘‘Treatment of severe Burt, RK et al., ‘‘Induction of tolerance in Michon, J and Schleiermacher, G. systemic lupus erythematosus with high- autoimmune diseases by hematopoietic stem ‘‘Autologous haematopoietic stem cell trans- dose chemotherapy and haemopoietic stem- cell transplantation: getting closer to a plantation for paediatric solid tumors’’, cell transplantation: a phase I study’’; Lan- cure?’’, Blood 99, 768–784, 1 February 2002 Baillieres Best Practice Research in Clinical cet 356, 701–707; August 26, 2000 Burt, RK et al., ‘‘Induction of remission of Haematology 12, 247–259, March-June, 1999. Burt, RK and Traynor, AE; severe and refractory rheumatoid arthritis Schilder, RJ et al.; ‘‘Phase I trial of mul- ‘‘Hematopoietic Stem Cell Transplantation: by allogeneic mixed chimerism’’, Arthritis & tiple cycles of high-dose chemotherapy sup- A New Therapy for Autoimmune Disease’’; Rheumatism 50, 2466–2470, August 2004 ported by autologous peripheral-blood stem Stem Cells 17, 366–372; 1999 Verburg, RJ et al.; ‘‘High-dose chemo- cells’’; J. Clin. Oncol 17, 2198–2207; July 1999 Burt, RK et al.; ‘‘Hematopoietic stem cell therapy and autologous hematopoietic stem Waldenstrom’s macroglobulinemia transplantation of multiple sclerosis, rheu- cell transplantation in patients with rheu- matoid arthritis: results of an open study to Anagnostopoulos A et al.; ‘‘High-dose matoid arthritis, and systemic lupus erythematosus’’; Cancer Treat. Res. 101, 157– assess feasibility, safety, and efficacy’’; Ar- chemotherapy followed by stem cell trans- thritis Rheum 44(4), 754–760; April 2001 plantation in patients with resistant 184; 1999 Traynor, A and Burt, RK; ‘‘Haematopoietic Rabusin, M et al.; ‘‘Immunoablation fol- Waldenstrom’s macroglobulinemi’’; Bone lowed by autologous hematopoietic stem cell Marrow Transplant 27, 1027–1029; May 2001 stem cell transplantation for active systemic lupus erythematosus’’; Rheumatology 38, infusion for the treatment of severe auto- Hemophagocytic lymphohistiocytosis 767–772 ; August 1999 immune disease’’; Haematologica 85(11 Matthes-Martin S et al.; ‘‘Successful stem Martini, A et al.; ‘‘Marked and sustained Suppl), 81–85; Nov. 2000 Burt, RK and Traynor, AE; cell transplantation following orthotopic improvement 2 years after autologous stem ‘‘Hematopoietic Stem Cell Transplantation: liver transplantation from the same cell transplant in a girl with system scle- A New Therapy for Autoimmune Disease’’; haploidentical family donor a girl with rosis’’; Rheumatology 38, 773; August 1999 Stem Cells 17, 366–372; 1999 hemophagocytic lymphohistiocytosis’’; Sjogren’s syndrome Burt, RK et al.; ‘‘Hematopoietic stem cell Blood 96, 3997–3999; Dec 1, 2000 Rabusin, M et al.; ‘‘Immunoablation fol- transplantation of multiple sclerosis, rheu- Poems syndrome (osteosclerotic myeloma) lowed by autologous hematopoietic stem cell matoid arthritis, and systemic lupus Dispenzieri A et al., Peripheral blood stem infusion for the treatment of severe auto- erythematosus’’; Cancer Treat. Res. 101, 157– cell transplantation in 16 patients with immune disease’’; Haematologica 85(11 184; 1999 POEMS syndrome, and a review of the lit- Suppl), 81–85; Nov. 2000 Burt, RK et al., ‘‘Autologous erature, Blood 104, 3400–3407, 15 November Myasthenia hematopoietic stem ce11 transplantation in refractory rheumatoid arthritis: sustained 2004 Rabusin, M et al.; ‘‘Immunoablation fol- response in two of four patients’’, Arthritis & lowed by autologous hematopoietic stem cell Myelofibrosis Rheumatology 42, 2281–2285, November 1999 infusion for the treatment of severe auto- Cometta K et al., Umbilical cord blood immune disease’’; Haematologica 85(11 Juvenile arthritis transp1antation in adults: results of the pro- Suppl), 81–85; Nov. 2000 I M de Kleer et al., Autologous stem cell spective Cord Blood Transplantation Autoimmune cytopenia transplantation for refractory juvenile idio- (COBLT), Biol Blood Marrow Transplant 11, pathic arthritis: analysis of clinical effects, 149–160, February 2005 Passweg, JR et al., Haematopoietic stem mortality, and transplant related morbidity, Cervantes F, Modem management of cell transplantation for refractory auto- Ann Rheum Dis 63, 1318–1326, 2004 myelofibrosis, Br J Haematol 128, 583–592, immune cytopenia, British Journal of Rabusin, M et al.; ‘‘Immunoablation fol- March 2005 Haematology 125, 749–755, June 2004 lowed by autologous hematopoietic stem cell Kroger N et al., Pilot study of reduced-in- Rabusin M et al.; ‘‘Immunoablation fol- infusion for the treatment of severe auto- tensity conditioning followed by allogeneic lowed by autologous hematopoietic stem cell immune disease’’; Haematologica 85(11 stem cell transplantation from related and infusion for the treatment of severe auto- Suppl), 81–85; Nov. 2000 unrelated donors in patients with immune disease’’; Haematologica 85(11 Burt, RK and Traynor, AE; myelofibrosis, Br J Haematol 128, 690–697, Suppl), 81–85; Nov. 2000 ‘‘Hematopoietic Stem Cell Transplantation: March 2005 Scleromyxedema A New Therapy for Autoimmune Disease’’; Thiele J et al., Dynamics of bone marrow A.M. Feasel et al., ‘‘Complete remission of Stem Cells 17, 366–372; 1999 changes in patients with chronic idiopathic scleromyxedema following autologous stem Multiple sclerosis myelofibrosis following allogeneic stem cell cell transplantation,’’ Archives of Derma- Saccardi, R et al., Autologous HSCT for se- transplantation, Histol Histopathol 20, 87–89, tology 137, 1071–1072; Aug. 2001 vere progressive multiple sclerosis in a July 2005 Scleroderma multicenter trial: impact on disease activity Rondelli D et al., Allogeneic hematopoietic and quality of life, Blood 105, 2601–2607, 15 stem-cell transplantation with reduced-in- Burt, RK et al., ‘‘Induction of tolerance in autoimmune diseases by hematopoietic stem March 2005 tensity conditioning in intermediate- or Burt, RK et al., ‘‘Induction of tolerance in high-risk patients with myelofibrosis with cell transplantation: getting closer to a cure?’’, Blood 99, 768–784, 1 February 2002 autoimmune diseases by hematopoietic stem myeloid metaplasia, Blood 105, 4115–4119, 15 cell transplantation: getting closer to a May 2005 Burt, RK and Traynor, AE; ‘‘Hematopoietic Stem Cell Transplantation: cure?’’, Blood 99, 768–784, 1 February 2002 Benesova P et al., [Complete regression of Mancardi, GL et al.; ‘‘Autologous A New Therapy for Autoimmune Disease’’; bone marrow fibrosis following allogeneic pe- hematopoietic stem cell transplantation sup- Stem Cells 17, 366–372; 1999 ripheral blood stem cell transplantation in a presses Gd-enhanced MRI activity in MS’’; patient with idopathic myelofibrosis] [Arti- Crohn’s disease Neurology 57, 62–68; July 10, 2001 cle in Czech], Cesk Patol 40, 167–171, October Kreisel, W et al., Complete remission of Rabusin, M et al.; ‘‘Immunoablation fol- 2004 Crohn’s disease after high-dose lowed by autologous hematopoietic stem cell

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Res. 101, 157– Wethers DL; ‘‘Sickle cell disease in child- cell transplantation (HCT) in combination 184; 1999 hood: Part II. Diagnosis and treatment of with enzyme replacement therapy (ERT) in Polychondritis major complications and recent advances in patients with Hurler syndrome’’, Bone Mar- Rosen O et al.; ‘‘Autologous stem-cell treatment’’; Am. Fam. Pysician 62, 1309–1314; row Transplantation 38, 17–21, 2006 transplantation in refractory autoimmune Sept. 15, 2000 Staba SL et al., ‘‘Cord-blood transplants diseases after in vivo immunoablation and ex Sideroblastic anemia from unrelated donors in patients with Hurler’s syndrome’’, New England Journal of vivo depletion of mononuclear cells’’; Arthri- Ayas M et al.; ‘‘Congenital sideroblastic tis res. 2, 327–336; 2000 Medicine 350, 1960–1969, 6 May 2004 anaemia successfully treated using Koc ON et al., ‘‘Allogeneic mesenchymal Systemic vasculitis allogeneic stem cell transplantation’’; Br J stem cell infusion for treatment of Rabusin M et al.; ‘‘Immunoablation fol- Haematol l13, 938–939; June 2001 metachromatic leukodystrophy (MLD) and lowed by autologous hematopoietic stem cell Gonzalez MI et al.; ‘‘Allogeneic peripheral Hurler syndrome (MPS–IH),’’ Bone Marrow infusion for the treatment of severe auto- stem cell transplantation in a case of heredi- Transplant 215–222; Aug 2002 immune disease’’; Haematologica 85 (11 tary sideroblastic anaemia’’; British Journal Osteogenesis imperfecta Suppl), 81–85; Nov. 2000 of Haematology 109, 658–660; 2000 Alopecia universal Aplastic anemia Horwitz EM et al., ‘‘Isolated allogeneic bone marrow-derived mesenchymal cells Seifert B et al., Complete rfemission of al- Gurman G et al.; ‘‘Allogeneic peripheral engraft and stimulate growth in children opecia universalis after allogeneic blood stem cell transplantation for severe with osteogenesis imperfecta: Implications hematopoietic stem cell transplantion, aplastic anemia’’; Ther Apher 5(1), 54–57; Feb. for cell therapy of bone’’, Proceedings of the Blood 105, 426–427, 1 January 2005 2001 National Academy of Sciences USA 99, 8932– Buerger’s disease Kook H et al.; ‘‘Rubella-associated aplastic 8937; 25 June 2002 Kim D–I et al., Angiogenesis facilitated by anemia treated by syngeneic stem cell Horwitz EM et al., ‘‘Clinical responses to autologbus whole bone marrow stem cell transplantations’’; Am. J. Hematol. 64, 303– bone marrow transplantation in children transplantation for Buerger’s disease, Stem 305; August 2000 with severe osteogenesis imperfecta’’, Blood Cells 24, 1194–1200, 2006 Red cell aplasia 97, 1227–1231; 1 March 2001 IMMUNODEFICIENCIES Rabusin M et al.; ‘‘Immunoablation fol- Horwitz, EM et al.; ‘‘Transplantability and Severe combined immunodeficiency syndrome lowed by autologous hematopoietic stem cell therapeutic effects of bone marrow-derived mesenchymal cells in children with Grunebaum E et al., Bone marrow trans- infusion for the treatment of severe auto- osteogenesis imperfecta’’; Nat. Med. 5, 309– plantation or severe combined immune defi- immune disease’’; Haematologica 85(11 313; March 1999 ciency, Journal of the American Medical As- Suppl), 81–85; Nov. 2000 sociation 295, 508–518, 1 February 2006 Amegakaryocytic thrombocytopenia Krabbe leukodystrophy Cavazzana-Calvo M et al.; ‘‘Gene therapy of Yesilipek et al.; ‘‘Peripheral stem cell Escolar ML et al., ‘‘Transplantation of um- human severe combined immunodeficiency transplantation in a child with bilical cord-blood in babies with infantile (SCID)-Xl disease’’; Science 288, 669–672; April amegakaryocytic thrombocytopenia’’; Bone Krabbe’s disease’’, New England Journal of 28, 2000 (NOTE: gene therapy using bone mar- Marrow Transplant 26, 571–572; Sept. 2000 Medicine 352, 2069–2081, 19 May 2005 row adult stem cells as gene vehicle) Thalassemia Krivit W et al., ‘‘Hematopoietic Stem-Cell X-linked lymphoproliferative syndrome and X- Transplantation in Globoid-Cell Tan PH et al., ‘‘Unrelated peripheral blood linked hyperimmunoglobulin M syndrome Leukodystrophy’’, New England Journal of and cord blood hematopoietic stem cell Medicine 338, 1119–1127, Apr 16, 1998 Banked unrelated umbilical cord blood was transplants for thalassemia major’’, Am J used to reconstitute the immune system in 2 Hematol 75, 209–12, April 2004 Osteopetrosis brothers with X-linked lymphoproliferative Tsuji Y et al., ‘‘Successful Primary amyloidosis syndrome and 1 boy with X-linked nonmyeloablative cord blood transplan- hyperimmunoglobulin-M syndrome. Two Sezer O et al.; ‘‘Novel approaches to the tation for an infant with malignant infantile years after transplantation, all 3 patients treatment of primary amyloidosis’’; Exper osteopetrosis’’, J Pediatr Hematol Oncol. 27, have normal immune systems. These reports Opin. Investig. Drugs 9, 2343–2350; Oct 2000 495–498, Sept 2005 support the wider use of banked partially Diamond Blackfan anemia Driessen GJ et al., ‘‘Long-term outcome of matched cord blood for transplantation in Ostronoff M et al., ‘‘Successful haematopoietic stem cell transplantation in primary immunodeficiencies. nonmyeloablative bone marrow transplan- autosomal recessive osteopetrosis: an EBMT Reference: Ziegner UH et al.; ‘‘Unrelated tation in a corticosteroid-resistant infant report’’, Bone Marrow Transplantation 32, umbilical cord stem cell transplantation for with Diamond-Blackfan anemia’’, Bone Mar- 657–663, October 2003 X-linked immunodeficiencies’’; J Pediatr row Transplant. 34, 371–372, August 2004 Schulz et al., ‘‘HLA-haploidentical blood 138(4), 570–573; April 2001 Fanconi’s anemia progenitor cell transplantation in Eight children with severe osteopetrosis’’, Blood 99, 3458–3460, 1 May 2002 Bitan M et al., Fludarabine-based reduced immunodeficiencies treated by adult bone Cerebral X-linked adrenoleukodystrophy marrow stem cell transplants. Six of 8 intensity conditioning for stem cell trans- showed relatively normal immune system plantation of fanconi anemia patients from Peters C et al., ‘‘Cerebral X-linked after 1 year. fully matched related and unrelated donors, adrenoleukodystrophy: The international Reference: Amrolia, P. et al., Biol Blood Marrow Transplant. 12, 712–718, hematopoietic cell transplantation experi- ‘‘Nonmyeloablative stem cell transplan- July 2006 ence from 1982 to 1999, Blood 104, 881–888, 1 tation for congenital immunodeficiencies’’, Tan PL et al., Successful engraftment Aug 2004 Blood 96, 1239–1246, Aug. 15, 2000. without radiation after fludarabine-based OCULAR ANEMIAS AND OTHER BLOOD CONDITIONS regimen in Fanconi anemia patients under- Corneal regeneration going genotypically identical donor Sickle cell anemia Inatomi T et al., ‘‘Midterm results on ocu- hematopoietic cell transplantation, Pediatr lar suface reconnstruction using cultivated Klein A et al., Hematopoietic stem cell Blood Cancer, 46, 630–636, May 1,2006 autologous oral mucosal epithelial trans- transplantation for severe sickle cell disease, Kohli-Kumar Met al., ‘‘Haemopoietic stem/ plantation’’, American Journal of Ophthal- Rev Med Brux. 2005;26 Spec no:Sp23–5 progenitor cell transplant in Fanconi mology 141, 267–275, February 2006 Adamkiewicz TV et al., Transplantation of anaemia using HLA-matched sibling umbil- Nishida K et al., ‘‘Corneal reconstruction unrelated placental blood cells in children ical cord blood cells’’, British Journal of with tissue-engineered cell sheets composed with high-risk sickle cell disease, Bone Mar- Haematology 85, 419–422, October 1993 row Transplant. 34, 405–411, Sept 2004 of autologous oral mucosal epithelium’’, New Wu CJ et al., Molecular assessment of Chronic Epstein-Barr infection England Journal of Medicine 351, 1187–1196, 16 erythroid lineage chimerism following Fujii N et al.; ‘‘Allogeneic peripheral blood Sept 2004 nonmyeloablative allogeneic stem cell trans- stem cell transplantation for the treatment Anderson DF et al.; ‘‘Amniotic Membrane plantation, Exp Hematol. 31, 924–933, Oct 2003 of chronic active Epstein-Barr virus infec- Transplantation After the Primary Surgical Gore L. et al.; ‘‘Successful cord blood tion’’; Bone Marrow Transplant 26, 805–808; Management of Band Keratopathy’’; Cornea transplantation for sickle cell anemia from a Oct. 2000 20(4), 354–361; May 2001

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7591 Anderson DF et al.; ‘‘Amniotic membrane recent myocardial infarction, Circulation Gill SS et al.; ‘‘Direct brain infusion of transplantation for partiallimbal stem cell 112, I–178–I–183, 30 August 2005 glial cell line-derived neurotrophic factor in deficiency’’; Br J Ophthalmol 85(5), 567–575; Dohmann HFR et al., Transendocardial Parkinson disease’’; Nature Medicine 9, 589– May 2001 autologous bone marrow mononuclear cell 595; May 2003 (pubished online 31 March 2003) Henderson TR et al.; ‘‘The long term out- injection in ischemic heart failure, Circula- Spinal cord injury come of limbal allografts: the search for sur- tion 112, 121–126, 26 July 2005 Lima C et al., Olfactory mucosa auto- viving cells’’; Br J Ophthalmol 85(5), 604–609; Wollert KC et al., ‘‘Intracoronary grafts in human spinal cord injury: A pilot May 2001 autologous bone-marrow cell transfer after clinical study, Journal of Spinal Cord Medi- Daya SM, Ilari FA; ‘‘Living related myocardial infarction: the BOOST cine 29, 191–203, July 2006 conjuctival limbal allograft for the treat- randomised controlled clinical trial’’, Lancet ment of stem cell deficiency’’; Opthalmology 364, 141–148, 10 July 2004 LIVER DISEASE 180, 126–133; January 2001 Britten MB et al., ‘‘Infarct remodeling Chronic liver disease Schwab IR et al.; ‘‘Successful transplan- after intracoronary progenitor cell treat- Gordon MY et al., Characterisation and tation of bioengineered tissue replacements ment in patients with acute myocardial in- clinical application of human CD34+stem/ in patients with ocular surface disease’’; Cor- farction’’; Circulation 108, 2212–2218; Nov 2003 progenitor cell populations mobilised into nea 19, 421–426; July 2000. Perin EC et al.; ‘‘Transendocardial, the blood by G–CSF, Stem Cells 24, 1822–1830, Tsai et al.; ‘‘Reconstruction of damaged autologous bone marrow cell transplantation July 2006; published online March 30, 2006 corneas by transplantation of autologous for severe, chronic ischemic heart failure’’; Liver cirrhosis limbal epithelial cells’’; New England Jour- Circulation 107, r75–r83; published online May Terai S et al., Improved liver function in nal of Medicine 343, 86–93, 2000 2003 liver cirrhosis patients after autologous bone Tsubota K et al.; ‘‘Treatment of severe oc- Stamm C et al.; ‘‘Autologous bone-marrow marrow cell fusion therapy, Stem Cells pub- ular-surface disorders with corneal epithelial stem-cell transplantation for myocardial re- lished online 15 June 2006; DOI: 10.1634/ stem-cell transplantation’’; New England generation’’; The Lancet 361, 45–46; 4 January stemcells.2005–0542 Journal of Medicine 340, 1697–1703; June 3, 2003 1999 Tse H–F et al.; ‘‘Angiogenesis in ischaemic BLADDER DISEASE WOUNDS & INJURIES myocardium by intramyocardial autologous End-stage bladder disease Limb gangrene bone marrow mononuclear cell implanta- Atala A et al., Tissue-engineered tion’’; The Lance 361, 47–49; 4 January 2003 autologous bladders for patients needing Tateishi-Yuyama E et al.; ‘‘Therapeutic Strauer BE et al.; ‘‘Repair of infarcted cytoplasty, The Lancet 367, 1241–1246, 15 angiogeneis for patients with limb ischaemia myocardium by autologous intracoronary April 2006 by autologous transplantation of bone-mar- mononuclear bone marrow cell transplan- Mr. BROWNBACK. Mr. President, I row cells: a pilt study and a randomised con- tation in humans’’; Circulation 106, 1913–1918; trolled trial’’; Lancet 360, 427–435; 10 August 8 October 2002 want to thank my colleague from Okla- 2002 Strauer BE et al.; ‘‘Myocardial regenera- homa. He is learned. He has spent the Surface wound healing tion after intracoronary transplantation of time to study these issues as a doctor. Badiavas EV and Falanga V, ‘‘Treatment human autologous stem cells following acute He has worked on these issues and he of chronic wounds with bone marrow-derived myocardial infarction’’; Dtsch Med cares a great deal about them, and I cells’’, Archives of Dermatology 139, 510–516, Wochenschr 126, 932–938; Aug 24, 2001 appreciate his time and his focus on 2003 Menasche´ P et al. ‘‘Myoblast transplan- this issue. Jawbone replacement tation for heart failure.’’ Lancet 357, 279–280; I want to discuss a few additional Jan 27, 2001 Warnke PH et al., ‘‘Growth and transplan- Menasche´ P et al. [‘‘Autologous skeletal things in response to the comments tation of a custom vascularised bone graft in myoblast transplantation for cardiac insuffi- that have been made thus far. I want to a man’’, Lancet 364, 766–770, 28 August 2004 ciency. First clinical case.’’] [article in get back to what we are talking about. Skull bone repair French] Arch Mal Coeur Vaiss 94(3), 180–182; We are talking about destroying young Lendeckel S et al., Autologous stem cells March 2001 human life for research purposes. I will (adipose) and fibrin glue used to treat wide- Chronic coronary artery disease show a picture of that so people will spread traumatic calvarial defects: case re- Strauer BE et al., Regeneration of human get the idea—and I know people do— port, Journal of Cranio-Maxillofacial Sur- infarcted heart muscle by intracoronary but it is important to remember we all gery 32, 370–373, 2004 autologous bone marrow cell transplantation started out looking like this. Even the HEART DAMAGE in chronic coronary artery disease, Journal Presiding Officer, as handsome as he is, Acute heart damage of the American College of Cardiology 46, looked like this at one point in time. Joseph J et al., Safety and effectiveness of 1651–1658, 1 November 2005 Just a clump of cells—that was him. granulocyte-colony stimulating factor in NEURAL DEGENERATIVE DISEASES & INJURIES This is a particular young person by mobilizing stem cells and improving Stroke the name of Hannah with whom I just cytokine profile in advanced chronic heart Shyu W–C et al., Granulocyte colony-stim- failure, American Journal of Cardiology 97, met a few hours ago. This is when she ulating factor for acute ischemic stroke: a 681–684, 1 March 2006 was adopted as a frozen embryo, and randomized controlled trial, Canadian Med- Blocklet D et al., Myocardial homing of this shows her development taking ical Association Journal 174, 927–933, 28 nonmobilized peripheral-blood CD34+ cells place. If you destroy her here, we don’t March 2006 after intracoronary injection, Stem Cells 24, Stilley CS et al., Changes in cognitive get her here. That is the key. She was 333–336, February 2006 function after neuronal cell transplantation called a snowflake: an adopted frozen Janssens S et al., Autologous bone mar- for basal ganglia stroke, Neurology 63, 1320– embryo. row-derived stem-cell transfer in patients 1322, October 2004 I hope some people who are maybe with ST-segment elevation myocardial in- Meltzer CC et al.; ‘‘Serial farction: double-blind, randomised controlled watching or hear about this, if they [18F]Fluorodeoxyglucos Positron Emission trial, Lancet 367, 113–121, 14 January 2006 have frozen human embryos, they con- Tomography after Human Neuronal Implan- Patel AN et al., Surgical treatment for sider putting them up for adoption be- tation for Stroke’’; Neurosurgery 49, 586–592; congestive heart failure with autologous cause a number of people want to adopt 2001. adult stem cell transplantation: A prospec- Kondziolka D et al.; ‘‘Transplantation of them. tive randomized study, Journal of Thoracic cultured human neuronal cells for patients A couple of people adopted Hannah. Cardiovascular Surgery 130, 1631–1638, De- with stroke’’; Neurology 55, 565–569; August They had fertility problems them- cember 2005 2000 selves, could not conceive. They used Ince H et al., Preservation from left ven- tricular remodeling by front-integrated Parkinson’s disease—using direct stimulation of IVF, and so adopted her as a snowflake, revascularization and stem cell liberation in patients’ endogenous adult neural stem as a frozen embryo. She was implanted, evolving acute myocardial infarction by use cells: and now we have Hannah. Hannah is of granulocyte-colony-stimulating factor Love S et al., Glial cell line-derived quite—I guess you would say out of the (FIRSTLINE-AMI), Circulation 112, 097–3106, neurotrophic factor induces neuronal sprout- mouths of babes, children, comes great 15 November 2005 ing in human brain, Nature Medicine 11, 703– wisdom. Ince H et al., Prevention of left ventricular 704, July 2005 This is a chart she did last year when remodeling with granulocyte colony-stimu- Slevin JT et al., Improvement of bilateral she was in Washington. When the lating after acute myocardial infarction, Cir- motor functions in patients with Parkinson culation 112, I–73–I–80, 30 August 2005 disease through the unilateral House was considering legislation—this Bartunek J et al., Intracoronary injection intraputaminal infusion of glial cell line-de- same legislation—she did this chart, of CD133-positive enriched bone marrow pro- rived neurotrophic factor, Journal of Neuro- this letter that kids write, my kids genitor cells promotes cardiac recovery after surgery 102, 216–222, February 2005 write—I love them. She said—this is

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7592 CONGRESSIONAL RECORD — SENATE July 17, 2006 Hannah—snowflake: We’re kids, I love Unlimited self-renewal and high dif- using human beings. Human beings, as you. Then she draws three pictures ferentiated potential poses the risk of I said at the outset, are ends in them- here below. This is her smiling because tumor induction after engraftment. selves. They should not be used for she got adopted, and she is here. Here This is just the front page of another somebody else’s purposes. It is beneath is another frozen embryo—these are article, December of 2004. human dignity to turn humans into embryos—that is sad because he is still Here is another article. Conclusions: commodities—that is organ factories— sitting in a frozen state, and then here the cells will, however, form a tumor if and that would be the case with fetus is one that, as she explains, is saying: they leak into an improper space such farming. That is what this act does; it What, are you going to kill me? This as the thoracic cavity. This is an arti- prohibits it. I am hopeful my col- was her explanation to her mother who cle from 2003. leagues can strongly support this ban just gave this chart to me. Then I have three more articles. on fetal farming that is going to come I hope people really would think These are just summations of peer-re- before this body and I hope will pass about that. This is not just a clump of viewed articles. They form tumors. the House and be sent to the President tissue. This is not just a group of a few That is the problem with embryonic for signature. cells. This is not a hair follicle. This is stem cells. I want to talk about an area that per- not a fingernail. This is Hannah. And, So the Senators from California, haps we all pretty easily fall into. That if nurtured, she grows to be just this Michigan, Iowa, and Pennsylvania and is, we get contacted by individuals who beautiful child. We have a lot of them, other places saying we want cures—I have a particular malady or disease or frozen embryos, and I hope people will want cures. The research is saying em- genetic problem and we tell them we consider putting them up for adoption bryonic stem cells form tumors. You want to give them a cure. because there are a lot of people who put them into individuals, they form We do want to give them a cure. Ev- want to adopt them. tumors. And while we hope at some eryone in this body wants to give them My colleagues talked about cures. I point in time something positive hap- a cure. But then false hope can be held want cures. I have talked a lot about pens, the problem is, they form tumors. out or people can start down a road cures here on the floor. I have talked This isn’t working. So if we want treat- that doesn’t produce. That is where we about it for a lot of years. There are 72 ments and cures, the answer isn’t em- have been going. That is where we are clinical human trials using adult cord bryonic stem cells, it is adult stem going with the embryonic stem cells. research. If we want the people Senator cells, cord blood, where we don’t have a This is a route into which we put half FEINSTEIN and others talked about to tumor formation problem and where we a billion Federal taxpayer dollars and get cures now, the certain way to do are getting all of these initial suc- it hasn’t produced. It is time to move this is to not fund embryonic stem cell cesses that are taking place somewhere else. We have tried this research. The people she is talking We are also going to consider legisla- route before. about are not going to be cured any tion—and I will come back to another I want to quote one of my colleagues time soon. point here—we are going to consider on fetal tissue research. Some of my I want to read some quotes from sci- legislation on fetus farming. There are colleagues remember 10 or 15 years ago entists talking about cures from em- three bills that are up and one of the we were debating fetal tissue research. bryonic stem cell research. I want to bills is to ban fetal farming—fetus The promises sound strangely familiar, lay my hands on this real quick so that farming. I want to speak on that bill. I what people said. people can hear what the scientists are am a cosponsor of the bill. It would There is substantial evidence that fetal tis- saying about this particular area. Let prohibit a gruesome procedure known sue research will offer a new hope of pro- me get to that in a second, as soon as as fetus farming. I am hopeful this longed life, greater quality of life, and per- we can pull that out from the note- haps one day even a cure for many of these passes with broad bipartisan support. diseases at a tremendous economic and so- book. What this prevents is growing young I want to hit a second point on this cial cost-saving to the country. humans to a certain stage, then har- Then people frequently would list dif- and then print this for the RECORD. Mr. vesting their parts like an organ President, I will ask unanimous con- ferent areas that would be covered, donor—parts. You grow a cloned such as Alzheimer’s and Parkinson’s sent that this be printed in the RECORD human to a certain stage, let the cells at the end of my statement. disease and the like. differentiate and then harvest the Mr. President, this is a series of one- We funded fetal tissue research. The parts. The Fetus Farming Prohibition page—a cover article on stem cells, em- reason I mentioned this is it is quite a bryonic stem cells forming tumors. We Act is intended to prevent the exploi- bit like fetal farming. In fetal tissue have talked about this being a prob- tation of women for the purpose of har- research the fetus is aborted and then lem. This has been a problem on fetal vesting spare organs, bodies parts, and body parts harvested for use in some- tissue research, about 15 years ago. tissue. In an ideal world we wouldn’t body else, and that was going to cure This stack is of the front pages of peer- need this type of legislation, yet we everybody. We were going to get rid of reviewed articles citing embryonic have already seen four scientific papers Alzheimer’s and Parkinson’s and Lou stem cells creating tumors when im- published on proof of concept of where Gehrig’s and cancer and all these areas planted in other animals. Let me just they clone an animal to harvest the with great promise. Yet we saw what read a few of these summations. This is tissue to put into another animal to happened on the fetal tissue research. just the front cover, and people can see if there was a rejection issue. Such Parkinson’s research is set back by failure look up the whole article if they want. proof of concept or proof of principle is of fetal cell grants—disastrous side effect— More than 70 percent of the mice that simply the first case you take before absolutely devastating—it was tragic, cata- received embryonic stem cells derived actually moving to doing it in humans. strophic, it’s a real nightmare. And we can’t neuro processors—or precursor cells de- That is why we seek to ban this par- selectively turn it off. veloped teratomas, 70 percent ticular procedure. That was what the researchers said teratomas, tumors. That was a 2006 ar- Some of my colleagues are saying of when they took fetal tissue and put it ticle. course nobody would think about doing in somebody to deal with Parkinson’s Rats grafted with embryonic stem this. I remember at the outset of this disease. What we are trying to prohibit cells de-differentiated in vitro for 16 debate 8 years ago, everybody said of with the Fetal Farming Act is this days developed severe teratomas—tu- course we are not going to clone from backing up even further, or doing mors. This is an article for publication, human beings. That is not necessary; it in a clone state, and inserting can- March of 2006. I am just reading the that is abhorrent, and we wouldn’t do cerous tumors into individuals. You front page of these. that. The same people who were saying can’t selectively turn it off. That is Here is another article, a 2005 article. that are now saying it is essential we why we want to ban this. That is why We conclude that pluripotent cell types clone human beings, so the distance it is the wrong thing to do. It was the used in this study are unsuitable for from ‘‘of course we would never’’ to ‘‘of wrong thing to do then, using fetal tis- achieving safe engraftment in a Guinea course we must’’ seems to only take a sue in that particular case. pig brain. Why? Creation of matter of years and that is why we are It is also the wrong thing to promise teratomas—tumors. seeking to ban this particular area of people these cures when we look at the

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7593 science of this and you know pretty these be printed in the RECORD at the getting him in to testify. He was out likely this is not going to work—from end of my presentation. doing African safaris and things. We all the scientific evidence. Let me read The PRESIDING OFFICER. Without couldn’t get him to come in. from some of the eminent scientists. objection, it is so ordered. I say that because that is the beauty By the way, the material I had printed (See exhibit 1.) of it. The tragedy of it is some of the for the RECORD on tumor formation, I Mr. BROWNBACK. This is an op-ed Parkinson’s traits are coming back. He believe every one of these scientists, at piece in the Washington Post. David would love to have another treatment least most of the scientists published Shaywitz put it in, in 2005. for Parkinson’s with his own adult in these articles, are pro embryonic While stem cell advocates have helped vot- stem cells. Yet we have so few clinical stem cell research. They support em- ers connect stem cell research with compel- trials going on, we are so short in the bryonic stem cell research. They want ling images of patients who might one day funding of this, that he is not able to it to work. The problem is, tumor for- benefit from treatments, such therapies are get additional treatments or other Par- unlikely to emerge soon enough to benefit mation, just as we saw with fetal tissue kinson’s patients aren’t able to get most current proponents. . . . this. research. The cell grows fast, undif- . . . scientists must do a better job of ar- ferentiated, but it can get in the brain ticulating the limitations of our existing I ask my colleagues, if we want to and in some cases formed fingernails or knowledge, taking care to emphasize not treat, let’s take the half a billion dol- hair follicles instead of brain tissue. only the ultimate therapeutic potential of lars and let’s put it into research for a What are some of the scientists who these cells, but also how far we are from guy such as this, where we have a real are strong embryonic stem cell sup- achieving such therapies. promising start. He was Parkinson’s porters saying about the likelihood of That is from scientists who support free of things here for 5 years, and then human treatments using embryonic embryonic stem cell research. Let’s be it started coming back. stem cells? Here I am quoting from clear what we are talking about in this My final comment I have in the time I have left is: What a beautiful time. people who support this research. Lord particular field. What an opportunity we have for peo- Winston, a British stem cell expert, has Now I want to talk about the ple to live longer and better lives. This warned his colleagues over the polit- pluripotent nature of adult stem cells. is a glorious time for us to make a step ical hype in support of human embry- Here, Dr. COBURN, Dr. FRIST, and others forward. onic stem cells: would be better qualified, obviously, Senator FEINSTEIN from California One of the problems is that in order to per- than I could ever dream of being about this topic, but this has been raised for and I cochair the cancer caucus. We are suade the public that we must do this work, setting an objective of ending deaths we often go rather too far in promising what some period of time. The theory has we might achieve. This is a real issue for the gone, embryonic stem cells are by cancer in 10 years. It is going to scientists. am not entirely convinced that pluripotent, they can form any type of have to be aggressive to be able to do this. We are going to have to do some embryonic stem cells will, in my lifetime, cells. Adult stem cells cannot. Their work on these adult and cord blood and possibly anybody’s lifetime for that mat- plasticity is insufficient for them to be ter, be holding quite the promise that we stem cell areas. What a beautiful time. desperately hope they will. able to form other types of cells. I simply point to this chart, listing 16 Let’s invest wisely. Let’s not check our morals at the door—our values. Let’s This was in a lecture he gave in 2005. peer-reviewed studies showing alter- treat every single human as a sacred, If we want to cure people, as different native sources of pluripotent stem cells beautiful child of the living God and we colleagues are talking about and giving other than embryonic stem cells, and are going to be here 10 years from now different human examples, people ex- almost all of these are out of adult with amazing stories of things that amples—this is a clear route here, stem cells—pluripotency. have happened, and a happy heart, and adult and cord blood. Put the money I urge my colleagues, the science has a clear conscience at the same time— there if we want to cure people. If we moved quite rapidly on this. I hope we that we did it, we did it the right way, want to do the scientific research, that can get up to speed with where the that more people are alive today, not is another thing, but if we want to cure science is on this. There is dead, we didn’t sacrifice other human people, we have an answer and it has pluripotency in other stem cells. There beings in the process, and people are no ethical problem to it. But we should is pluripotency in cells other than the cured. People with spinal cord injuries not overhype the embryonic stem cells embryonic stem cells. We have the al- are walking. People with Parkinson’s when the lead scientist say he thinks it ternative bill, the Santorum-Specter no longer have it. is unlikely any time soon, if ever, to bill, looking at other alternative work, as I just quoted to you there. We have people in whom this is tak- sources of embryonic-type like stem ing place today. We didn’t give them Let me give another quote from the cells that you do not have to destroy journal ‘‘Science.’’ It carried a piece cancer in the process of trying to cure an embryo to get to. Look at those them—where we are having the trou- last summer in which supporters of em- fields and those areas, these adult stem bryonic—destructive human embryonic bles with the embryonic stem cells. cells and this research, rather than This can happen if we will go the stem cell research admitted: saying the only source is embryonic, It is necessary that prospective donors of right way, ban the fetal farming, not because it is not. That is not the only expand and use taxpayer dollars to human eggs recognize the large gap between source because the science continues to research and therapy. This is particularly fund destructive human embryonic re- important in frontier areas of research where move on through this and find other search where you destroy a human, and therapeutic impact in humans is unproven. areas of pluripotency in adult stem look at these alternatives. It can and it Also, it is nearly certain that the clinical cells as they are created. will happen. And that—that is going to benefits of the research are years or maybe Because I have a little bit of time—I be a beautiful day. decades away. This is a message that des- ask the Chair, how much time is re- I believe my time has expired and I perate families and patients will not want to maining? yield the floor hear. The PRESIDING OFFICER. The Sen- EXHIBIT 1 If we are talking cures, we have an ator has 41⁄2 minutes. STEM-CELL REALITY: ‘‘ESC TREATMENTS answer here. But it is not embryonic Mr. BROWNBACK. Fantastic. I have DECADES AWAY’’ stem cell research. Otherwise we a picture I want to show, then, because ‘‘Similarly, it is important not to use the should not be talking about cures. We this is a real hope. It is also a bit of a term ‘therapy’ when what is meant is ‘re- should be talking maybe about re- tragedy. Here is a gentleman I hosted search’ and not to refer to human embryonic search on embryos, research on embry- at a hearing about Parkinson’s disease. stem cell research as ‘therapeutic cloning.’ onic stem cells. We are interested in He suffers from Parkinson’s disease. He There is currently no such thing as ‘thera- how they work, but we should not be had an adult stem cell treatment. We peutic cloning’ and this is not ‘therapeutic talking cures because the cures are got him in to testify. It is adult stem cloning research,’ nor can we say with any cells put back in his own part of the certainty that ‘‘cell therapy’’ is in the near coming in the adult and cord blood future.’’ route. brain, it is his own cells, so there is not (Source: Magnus & Cho, ‘‘Issues in Oocyte I will have the ‘‘Science’’ article a rejection problem. He was Parkin- Donation for Stem Cell Research,’’ Science printed. I ask unanimous consent all son’s free for 5 years. We had trouble Vol. 308, 1747–1748, June 17, 2005.)

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7594 CONGRESSIONAL RECORD — SENATE July 17, 2006 Last summer, the prestigious journal other neurological ailments. The study indi- tients, ages 34 to 75, who had had Parkin- Science carried a piece, in which supporters cates that the simple solution of injecting son’s disease for an average of 14 years. The of destructive human embryonic stem cell fetal cells into a patient’s brain may not be patients were randomly assigned to have research admit: enough to treat complex diseases involving substantia nigra cells from four fetuses im- ‘‘It is necessary that prospective donors [of nerve cells and connections that are poorly planted in their brains or to have sham sur- human eggs] recognize the large gap between understood. Some say it is time to go back gery, for comparison. research and therapy. This is particularly to the laboratory and to animals before The surgery took place in Colorado and the important in frontier areas of research where doing any more operations on humans. patients were evaluated in New York. The therapeutic impact in humans is unproven. The findings may also fuel the debate over fetal cell surgery involved drilling four small ‘‘Also, it is nearly certain that the clinical whether it is appropriate to use tissue from holes in the patient’s forehead and then in- benefits of the research are years or maybe aborted fetuses to treat diseases. Despite serting long needles through the holes into decades away. This is a message that des- their disappointment, some researchers said the brain and injecting fetal cells. The sham perate families and patients will not want to they hoped that the results would not bring surgery involved drilling the holes but not hear. fetal cell research to an abrupt halt. The re- injecting needles into the brain. After a year, the patients were told whether they STEM-CELL REALITY: OVER-HYPED ESC’S search has been controversial because the had the fetal cell surgery and, if not, they British Stem Cell Expert Lord Winston fetal cells were obtained from abortion clin- ics. were offered it if they wanted it. Lord Winston, a British stem cell expert, ‘‘This is still our one great hope for a The study’s primary measure of success has warned his colleague over the political cure,’’ said Dr. J. William Langston, who is was whether the patients themselves noticed hype in support of human embryonic stem scientific director and chief executive officer that they were better, as determined by a cells: at The Parkinson’s Institute in Sunnyvale, survey that they mailed in a year later but ‘‘One of the problems is that in order to Calif. before they knew whether they had had fetal persuade the public that we must do this Parkinson’s disease occurs when cells of cell implants or a sham operation. The study work, we often go rather too far in promising the substantia nigra region in the base of the found no difference between the two groups— what we might achieve. brain die, for unknown reasons. The hope neither those who had had the fetal cell op- This is a real issue for the scientists. I am was that fetal substantia nigra cells might eration nor those who had had the sham sur- not entirely convinced that embryonic stem take over for them. But, the study showed, gery notice an improvement in their symp- cells will, in my lifetime, and possibly any- in older patients the operation had no ben- toms. body’s lifetime for that matter, be holding efit and in some younger patients, the trans- Other tests, like neurologists’ assessments quite the promise that we desperately hope plants brought on nightmarish side effects. of the patients while they were taking their they will.’’ Although the paper depicts the patients medication and the patients’ assessments of (Source: ‘‘Should We Trust the Sci- with the side effects in impassive clinical their condition in diaries they kept also entists?’’ Gresham College Lecture, June 20, terms, doctors who have seen them paint a showed no effect of the surgery. And there 2005) very different picture. was no difference between the two groups in STEM-CELL REALITY: ‘‘ESC THERAPIES Dr. Paul E. Greene, a neurologist at the the doses of drugs needed to control the dis- ease. UNLIKELY SOON’’ Columbia University College of Physicians The one glimmer of hope came from assess- and Surgeons and a researcher in the study, Harvard stem cell researcher—and pro- ments by neurologists before the patients said the uncontrollable movements some pa- ponent of destructive human embryonic had had their first dose of medication in the tients suffered were ‘‘absolutely dev- stem cell research—David Shaywitz writes in morning. By that measure, the 10 patients astating.’’ an op-ed carried by the Washington Post: under age 60 who had had the fetal cell im- ‘‘They chew constantly, their fingers go up ‘‘While stem cell advocates have helped plants seemed better than those who had had and down, their wrists flex and distend,’’ Dr. voters connect embryonic stem cell research sham surgery, with less rigidity, although Greene said. And the patients writhe and with compelling images of patients who their tremor was just as bad. might one day benefit from treatment, such twist, jerk their heads, fling their arms Dr. Freed hailed that result, saying, ‘‘It therapies are unlikely to emerge soon about. was clear-cut improvement.’’ enough to benefit most current proponents ‘‘It was tragic, catastrophic,’’ he said. ‘‘It’s And, he added, the fetal cells survived in ... a real nightmare. And we can’t selectively most patients’ brains. turn it off.’’ ‘‘I would be disappointed if people used a ‘‘. . . scientists must do a better job of ar- One man was so badly affected that he strict clinical trial approach,’’ Dr. Freed ticulating the limitations of our existing could no longer eat and had to use a feeding said. ‘‘This study is about multiple phe- knowledge, taking care to emphasize not tube, Dr. Greene said. In another, the condi- nomena.’’ only the ultimate therapeutic potential of tion came and went unpredictably through- Others were less enthusiastic, pointing out these cells, but also how far we are from out the day, and when it occurred, the man’s that finding subgroups after the fact who achieving such therapies.’’ speech was unintelligible. may have benefited suggests a hypothesis for (Source: David Shaywitz, ‘‘Stem Cell Re- For now, Dr. Greene said, his position is future studies, not evidence of an effect. ality,’’ The Washington Post, April 29, 2005.) clear: ‘‘No more fetal transplants. We are ab- ‘‘We try to teach everybody that you have solutely and adamantly convinced that this to identify beforehand what’s the primary [From the New York Times, Mar. 8, 2001] should be considered for research only. And outcome,’’ said Dr. William Weiner, the di- whether it should be research in people is an rector of the Maryland Parkinson’s Disease PARKINSON’S RESEARCH IS SET BACK BY open question.’’ and Movement Disorder Center and a pro- FAILURE OF FETAL CELL IMPLANTS Dr. Gerald D. Fischbach, who was director fessor of neurology at the University of (By Gina Kolata) of the National Institute of Neurological Dis- Maryland School of Medicine in Baltimore, A carefully controlled study that tried to orders and Stroke, which sponsored the referring to the measure of success deter- treat Parkinson’s disease by implanting cells study, said that while the operation had been mined before the study began. ‘‘In this case, from aborted fetuses into patients’ brains promoted by some neurosurgeons as miracu- they picked a subjective assessment by the not only failed to show an overall benefit but lous, this was the first time it was rigorously patients themselves, which I think is a very also revealed a disastrous side effect, sci- evaluated. It used sham surgery as a com- good one.’’ entists report. parison, a controversial and rarely used And so, Dr. Weiner said, when the patients In about 15 percent of patients, the cells strategy but one that researchers felt was noticed no improvement, ‘‘the study was apparently grew too well, churning out so necessary to understand the true effects of negative.’’ much of a chemical that controls movement the operation. In addition, Dr. Langston said, even if a that the patients writhed and jerked uncon- Dr. Fischbach, who is now dean of the fac- Subsequent study confirmed that the sur- trollably. ulty of medicine at the Columbia University gery had an effect on the condition in young- The researchers say that while some pa- College of Physicians and Surgeons, was the er patients before they took their medicine tients have similar effects from taking too director of the institute only at the end of in the morning, and even if there was a way high a dose of their Parkinson’s drug, in this the study. of preventing the terrible side effect, the op- case the drugs did not cause the symptoms ‘‘Ad hoc reports of spectacular results can eration would still hardly be a breakthrough. and there is no way to remove or deactivate always occur,’’ Dr. Fischbach said. ‘‘But if Parkinson’s disease is almost always a dis- the transplanted cells. you do these studies systematically, this is ease of the elderly, he noted, adding that On the researchers’ advice, six patients the result you get.’’ well under 10 percent of patients who would who enrolled in the study but who had not The surgery, he added, ‘‘is not the final so- be candidates for the surgery are younger yet had the implantation operation have de- lution that people would have hoped going than 60. cided to forgo it. into it.’’ The wiggling and writhing movements first The results, reported today in The New In the study, researchers, led by Dr. Curt emerged a year after the operation, showing England Journal of Medicine, are a severe R. Reed of the University of Colorado Health up in five of the younger patients who had at blow to what has been considered a highly Sciences Center in Denver and Dr. Stanley first appeared to benefit from fetal cell sur- promising avenue of research for treating Fahn of the Columbia University College of gery—three who had the operation in the ini- Parkinson’s disease, Alzheimer’s disease and Physicians and Surgeons, recruited 40 pa- tial phase of the study and two who had it a

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7595 year later, when they learned that they had we introduce a new differentiation protocol [From Investigative Ophthalmology & Visual originalIy had a sham surgery. While doctors based on the generation of substrate-adher- Science, Dec. 2004] sometimes see such effects in Parkinson’s ent ES cell-derived neural aggregates NEURALLY SELECTED EMBRYONIC STEM CELLS patients, it is caused by giving too much of (SENAs) that consist predominantly of INDUCE TUMOR FORMATION AFTER LONG- drugs that act like dopamine in the brain. neuronally committed precursor cells. Puri- TERM SURVIVAL FOLLOWING ENGRAFTMENT And it can be controlled by reducing the fied SENAs that were differentiated into im- INTO THE SUBRETINAL SPACE drugs. mature but postmitotic neurons did not form (By Stefan Arnbold, Helmut Klein, Irina In this case, however, drugs were not the tumors up to four months after syngeneic Semkova, Klaus Addicks, and Ulrich culprit. Even when doctors took away the transplantation into the acutely degenerated Schraermeyer) drugs, the symptoms persisted. striatum and showed robust survival. The fetal implant study had been con- Purpose. To determine whether transplan- troversial from the start, both because it in- tation of embryonic stem (ES) cells into the subretinal space of rhodopsin-knockout mice cluded sham surgery and because it used [From Stem Cells Express, Mar. 23, 2006] fetal tissue from abortions. But many Par- has a tumorigenic effect. Methods. Mouse ES-cell-derived neural kinson’s disease experts said it had to be TRANSPLANTATION OF HUMAN EMBRYONIC precursor cells carrying the sequence for the done because doctors were already offering STEM CELL-DERIVED CELLS TO A RAT MODEL green fluorescent protein (GFP) gene were the surgery to patients, and charging them OF PARKINSON’S DISEASE: EFFECT OF IN grafted subretinally into the eyes of for it, at costs of $40,000 or more, with no evi- VITRO DIFFERENTIATION ON GRAFT SUR- rhodopsin–/– mice, whereas control animals dence that they were helping them. Yet pa- VIVAL AND TERATOMA FORMATION underwent sham surgery. Eyes were re- tients, facing a disease in which brain cells (By Anke Brederlau) trieved after 2, 4, and 8 weeks after cell injec- slowly and inexorably die and in which even tion or sham surgery for histologic analysis. the drugs that once controlled their symp- ABSTRACT Results. Gross morphologic, histologic, and toms of tremor and rigidity would inevitably Human embryonic stem cells (hESCs) have immunohistochemical analysis of eyes at 2 fail, took their chances with the operation, and 4 weeks after engraftment exhibited no been proposed as a source of dopamine (DA) thinking they had little to lose. morphologic alterations, whereas neoplasia neurons for transplantation in Parkinson’s Dr. Freed said he was the first in the formation was detected in 50% of the eyes disease (PD). We have investigated the effect United States to offer the treatment, start- evaluated at 8 weeks after engraftment. Be- of in vitro predifferentiation on in vivo sur- ing in 1988 with a 52-year-old man, who is cause the neoplasias expressed differentia- vival and differentiation of hESCs implanted still alive although, of course, he also still tion characteristics of the different germ has Parkinson’s disease. into the 6–OHDA (6–hydroxydopamine)-lesion layers, they were considered to be Dr. Freed continued to offer it to paying rat model of PD. The hESCs were cocultured teratomas. The resultant tumor formation patients while he was treating those who with PA6 cells for 16, 20, or 23 days, leading affected almost all layers of the eye, includ- were part of the federal study and whose pro- to the in vitro differentiation into DA neu- ing the retina, the vitreous, and the choroid. cedures were paid for by the study. He said rons. Grafted hESC-derived cells survived Conclusions. Although ES cells may pro- he considered these other operations re- well and expressed neuronal markers. How- vide treatment for degenerative disease in search because he experimented with dif- ever, very few exhibited a DA neuron pheno- the future, their unlimited self-renewal and ferent amounts and placements of fetal cells. type. Reversal of lesion-induced motor defi- high differentiation potential poses the risk He has given fetal cell implants to 27 pa- cits was not observed. Rats grafted with of tumor induction after engraftment. Thus, tients, he said, with the most recent oper- hESCs preadifferentiated in vitro for 16 days more care must be taken before using ES cell ation last October. developed severe teratomas, whereas most transportation as a therapeutic option for Dr. Freed said his group was now implant- rats grafted with hESCs predifferentiated for patients with degenerative disease. ing less fetal tissue and putting the tissue in 20 and 23 days remained healthy until the a different area of the brain, hoping to avoid end of the experiment. This indicates that [From Transplantations, Oct. 15, 2003] the devastating side effects. But, he said it prolonged in vitro differentiation of hESCDs ENGRAFTMENT AND TUMOR FORMATION AFTER would be a mistake to stop doing the surgery is essential for preventing formation of ALLOGENEIC IN UTERO TRANSPLANTATION OF altogether. teratomas. PRIMATE EMBRYONIC STEM CELLS ‘‘To say that you can’t do or shouldn’t do human research because the research has un- (By Takayuki Asano) certain outcome, I think would be a bad deci- [From Neuroscience Research, 2005] Background. To achieve human embryonic sion,’’ Dr. Freed said. stem (ES) cell-based transplantation thera- Meanwhile, a second federally financed SURVIVAL AND ENGRAFTMENT OF MOUSE EM- pies, allogeneic transplantation models of study of the operation is winding to a close, BRYONIC STEM CELL-DERIVED IMPLANTS IN nonhuman primates would be useful. We and some researchers say it is time to go THE GUINEA PIG BRAIN have prepared cynomolgus ES cells geneti- back to animal studies and learn more about cally marked with the green fluorescent pro- the complex roles of the brain cells involved (By A.J. Robinson) tein (GFP), The cells were transplanted into in Parkinson’s disease. ABSTRACT the allogeneic fetus, taking advantage of the Dr. Weiner said that if a patient came to fact that the fetus is so immunologically im- him today seeking advice, he would say: α-Mannosidosis is a lysosomal storage dis- mature as not to induce immune responses ‘‘The bottom line for patients is that human ease resulting from a deficiency of the en- to transplanted cells and that fetal tissue fetal cell transplants are not currently the zyme α-D-mannosidase. A major feature of α- compartments are rapidly expanding and best way to go. If you are willing to pay for mannosidosis is progressive neurological de- thus providing space for the engraftment. them, you can still have them done. But my cline, for which there is no safe and effective Methods. Cynomolgus ES cells were ge- advice is you ought not to do this.’’ treatment available. We have a guinea pig netically modified to express the GFP gene model of α-mannosidosis that models the using a simian immunodeficiency viral vec- [FROM STEM CELLS EXPRESS, human condition. This study investigates tor or electroporation, These cells were FEB. 2, 2006] the feasibility of implanting differentiated transplanted in utero with ultrasound guid- EMBRYONIC STEM CELL-DERIVED NEURONALLY mouse embryonic stem cells in the neonatal ance into the cynomolgus fetus in the ab- COMMITTED PRECURSOR CELLS WITH RE- guinea pig brain in order to provide a source dominal cavity (n=2) or liver (n=2) at the end DUCED TERATOMA FORMATION AFTER TRANS- of α-mannosidase to the affected central of the first trimester. Three fetuses were de- PLANTATION INTO THE LESIONED ADULT nervous system. livered 1 month after transplantation, and the other, 3 months after transplantation MOUSE BRAIN Cells implanted at a low dose (1.5 10 3 cells (By Marcel Dihne´) Fetal tissues were examined for transplanted per hemisphere) at 1 week of age were found cell progeny by quantitative polymerase ABSTRACT to survive in very low numbers in some chain reaction and in situ polymerase chain The therapeutic potential of embryonic immunosuppressed animals out to 8 weeks. reaction of the GFP sequence. stem (ES) cells in neurodegenerative dis- Four weeks post-implantation, cells im- Results. A fluorescent tumor, obviously de- orders has been widely recognized, and meth- planted in high numbers (10 5 cells per hemi- rived from transplanted ES cells, was found ods are being developed to optimize culture sphere) formed teratomas in the majority of in the thoracic cavity at 3 months after conditions for enriching the cells of interest the animals implanted. Although implanted transplantation in one fetus. However, trans- and to improve graft stability and safety cells were found to migrate extensively with- planted cell progeny were also detected (∼1%) after transplantation. Whereas teratoma for- in the brain and differentiate into mature without teratomas in multiple fetal tissues. mation rarely occurs in xenogeneic trans- cells of neural (and other) lineages, the safe- The cells were solitary and indistinguishable plantation paradigms of ES cell-derived neu- ty issue related to uncontrolled cell pro- from surrounding host cells ral progeny, more than 70% of mice that re- liferation precluded the use of this cell type Conclusions. Transplanted cynomolgus ES ceived murine ES cell-derived neural pre- for longer-term implantation studies. We cells can be engrafted in allogeneic fetuses. cursor cells develop teratomas, thus posing a conclude that the pluripotent cell type used The cells will, however, form a tumor if they major safety problem for allogeneic and in this study is unsuitable for achieving safe ‘‘leak’’ into an improper space such as the syngeneic transplantation paradigms. Here engraftment in the guinea pig brain. thoracic cavity.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7596 CONGRESSIONAL RECORD — SENATE July 17, 2006 [From the American Journal of Pathology, Morbidity and mortality were significantly on enrichment of ES cell-derived cultures June 2005] more prevalent in the transplant groups with cells of the endodermal lineage, should STEM CELLS, TISSUE ENGINEERING AND than in controls. At the conclusion of the 6- be developed to generate true beta cells for HEMATOPOIETIC ELEMENTS: TERATOMA FOR- week survival period, the spinal cords were the treatment of diabetes. MATION LEADS TO FAILURE OF TREATMENT examined. Two of six cords from the bc-2 The PRESIDING OFFICER. Under group and one of 12 cords from the wild-type FOR TYPE I DIABETES USING EMBRYONIC the previous order, the minority is in STEM CELL-DERIVED INSULIN-PRODUCING group showed gross evidence of abnormal control of the next 30 minutes. CELLS growths at the site of transplantation. No (By Takahisa Fujikawa) similar growth was seen in the control. Mr. HARKIN. Mr. President, I was Pathological examination of the abnormal Embryonic stem (ES) cells have been pro- going to ask the Senator from Kan- posed to be a powerful tool in the study of cords showed very large numbers of undif- sas—I will even do it on my time. I pancreatic disease, as well as a potential ferentiated cells proliferating the injection guess our next speaker is not here source for cell replacement therapy in the site and extending up to 1.5 cm rostrally and right now. If the Senator from Kansas caudally. These results suggest that trans- treatment of diabetes. However, data dem would perhaps engage me in a colloquy, onstrating the feasibility of using pancreatic planting KD3 ES cells, or apoptosisresistant cells derived from KD3 line, into the injured I would ask about the gentleman whose islet-like cells differentiated from ES cells picture he has up there. How is he remain controversial. In this study we char- spinal cord does not improve locomotor re- acterized ES cell-derived insulin-expressing covery and can lead to tumor-like growth of doing now? I understand that, frankly, cells and assessed their suitability for the cells, accompanied by increased debilitation, while his Parkinson’s was relieved for a treatment of type I diabetes. ES cell-derived morbidity and morality. while, it has reverted and he is back in insulin-stained cell clusters expressed insu- his previous state. Does the Senator lin mRNA and transcription factors associ- [From Diabetologia, Feb. 14, 2004] know about that? ated with pancreatic development. The ma- INSULIN EXPRESSING CELLS FROM DIFFEREN- Mr. BROWNBACK. Yes. If you caught TIATED EMBRYONIC STEM CELLS ARE NOT jority of insulin-positive cells the clusters my comments on the floor, I stated also showed immunoreactivity for C-peptide. BETA CELLS Insulin was stored in the cytoplasm and re- (By S. Sipione) that is part of the tragedy here. He had 5 years Parkinson’s free, wants an ad- leased into the culture medium in a glucose- ABSTRACT dependent manner. When the cultured cells ditional treatment using the same Aim/hypothesis. Embryonic stem (ES) cells were transplanted into diabetic mice, they adult stem cell procedure he had before have beer proposed as a potential source of reversed the hyperglycemic state for ∼3 tissue for transplantation for the treatment that worked, and can’t get it. We don’t weeks, but the rescue failed due to immature of Type 1 diabetes. However studies showing have sufficient funding to move that on teratoma formation. Our studies dem- differentiation of beta cells from ES cells are forward. onstrate that reversal of hyperglycemia by controversial. The aim of this study was to transplantation of ES cell-derived insulin- Mr. HARKIN. I say to my friend, I characterise the insulin-expressing cells dif- producing cells is possible. However, the risk don’t understand that. I have a chart ferentiated in vitro from ES cells and to as- of teratoma formation would need to be here that shows stem cell funding, em- sess their suitability for the treatment of di- eliminated before ES cell-based therapies for bryonic stem cell funding, is $38.3 mil- abetes. the treatment of Diabetes are considered. Methods. ES cell-derived insulin-express- lion last year and adult stem cell fund- ing cells were characterised by means of ing is $200 million. You are telling me [From Somatosensory and Motor Research, out of $200 million they can’t help one Mar./June 2005] immunocytochemistry, RT–PCR and func- tional analyses. Activation of the Insulin I individual? TRANSPORTATION OF APOPTOSIS-RESISTANT promoter during ES-cell differentiation was EMBRYONIC STEM CELLS INTO THE INJURED Plus, I ask my friend from Kansas, if assessed in ES cell lines transfected with a RAT SPINAL CORD this is so promising, why is the entire reporter gene. ES cell-derived cultures were Parkinson’s network that represents (By Michael J. Howard) transplanted into STZ-treated SCID-beige ABSTRACT mice and blood glucos concentrations of dia- all the people with Parkinson’s disease Murine embryonic stem cells were induced betic mice were monitored for 3 weeks. 100 percent behind H.R. 810? Why are to differentiate into neural lineage cells by Results. Insulin-stained cells differentiated they so supportive of H.R. 810 and not exposure to retinoic acid. Approximately one from E cells were devoid of typical beta-cell this approach? million cells were transplanted into the le- granules, rarely showed immunoreactivity Mr. BROWNBACK. If I could answer sion site in the spinal cords of adult rats for C-peptide and were mostly apoptotic. The on both of those, I would have printed which had received moderate contusion inju- main producers of proinsulin/insulin in these in the RECORD the funding over the ries 9 days previously. One group received cultures were neurons and neuronal precur- transplants of cells genetically modified to sors and a reporter gene under the control of past 4 years for both embryonic and over-express bel-2, which codes for an anti- the insulin I promoter was activated in cells adult and cord blood stem cells. We put apoptotic protein. A second group received with a neuronal phenotype. Insulin was re- about half a billion in embryonic, both transplants of the wild-type ES cells from leased into the incubation medium but the animal and human, over the past 5 which the bcl-2 line was developed. In the secretion was not glucose-dependent. When years. I ask unanimous consent to have untransplanted control group, only medium the cultures were transplanted in diabetic this printed in the RECORD, to point to was injected. Locomotor abilities were as- mice they formed teratomas and did not re- the level of funding we have put in sessed using the Basso, Beattie and verse the hyperglyceamic state. both of those Bresnahan (BBB) rating scale for 6 weeks. Conclusions/Interpretation. Our studies There was no incremental locomotor im- show that insulin-positive cells in vitro-dif- There being no objection, the mate- provement in either transplant group when ferentiated from ES cells are not beta cells rial was ordered to be printed in the compared to control over the survival period. and suggest that alternative protocols, based RECORD, as follows: U.S. FEDERAL TAXPAYER FUNDING, TOTAL NIH STEM CELL RESEARCH, FY 2002–2006 [Dollars in millions] 1

FY 2002 actual FY 2003 actual FY 2004 actual FY 2005 actual Combined total Non-embry- Non-embry- Non-embry- Non-embry- Non-embry- onic Embryonic Total onic Embryonic Total onic Embryonic Total onic Embryonic Total onic Embryonic Total

Human, Subtotal 170.9 10.1 181.0 190.7 20.3 211.0 203.2 24.3 227.5 199.4 39.6 239.0 764.2 94.3 858.5 Nonhuman Subtotal 134.1 71.5 205.5 192.1 2 113.5 305.6 235.7 2 89.3 325.0 273.2 97.0 370.2 835.1 371.3 1206.3

NIH, Total 305.0 81.6 386.6 382.9 2 133.8 516.6 439.0 2 113.6 552.5 472.5 136.7 609.2 1599.4 465.7 2064.9 1 Numbers may not add due to rounding. 2 Decrease from FY03 to FY04 is the result of a change in methodology used to collect nonhuman embryonic funding figures. This methodology change also contributed to an increase in nonhuman non-embryonic.

Mr. BROWNBACK. Second, I would more work in this field. I would simply wouldn’t you put more in a place that point out on Parkinson’s, I don’t know ask you, or others, if we have a place is working? why the Parkinson’s advocacy commu- that is working and we have another Mr. HARKIN. I say to my friend from nity would support that. I find it hard place that is producing tumors, why Kansas—and I see Senator NELSON is to believe they would oppose us doing here to speak. He had previously been

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7597 scheduled to do so—first, I didn’t see so. That has not been proven. That has quoted from Lord Winston, a British all the figures the Senator sent to the not been proven at all. stem cell researcher, saying it is an in- desk. I would like to see those. I heard Mr. COBURN. It has. Most of the teresting area, but it is not going to him talk about a half billion dollars. time teratoma. produce any likely cures in my life- Frankly, what the Senator from Kan- Mr. BROWNBACK. Mr. President, I time. But they are curious. They are sas is talking about is animal embry- submitted for the RECORD seven peer- looking at it and saying it is an inter- onic. We are talking about human— reviewed articles on the creation of tu- esting area of research. If we are going human experiments here, not animal. mors. to cure people, let us cure people and Mr. BROWNBACK. If I could respond? Mr. HARKIN. Tumors but not cancer. let us talk about that kind of research. Mr. HARKIN. I am more interested in Mr. BROWNBACK. We have been The Senator has been very kind to the human than I am about human and down this road before. We tried this on let me speak. animal. the fetal tissue research. Remember Mr. HARKIN. The Senator has been Second, on cancer and tumors, it is that debate of 10 to 15 years ago. They very kind. I think we can engage at my understanding—I am not a sci- had fast-growing cells, Parkinson’s, some other point. entist, but in talking with the sci- and heart disease. When we inserted I yield the floor. entists—the fact that an undifferen- them into actual human patients, here The PRESIDING OFFICER. The Sen- tiated stem cell causes cancer is ex- is what it did. It created disastrous re- ator from Florida. actly what they are looking for. It is sults because they formed all sorts of Mr. NELSON of Florida. Mr. Presi- the gold standard. I thought it was the tissues along with cancer. We have dent, we just heard a great deal of dis- gold standard for determining whether been here before, as the Senator knows, cussion and disagreement. My bottom you have an embryonic stem cell. on trying to get these sort of different line on this whole issue of stem cell re- Let me see if I can repeat it as told cells from other bodies into one. search is that a vast majority of the to me. If you derive a stem cell line Mr. HARKIN. We have gone down a medical and scientific community feels from an embryo, you don’t really know lot of blind alleys in medical research that this is a process which would lead if you have stem cells. So the scientists in the past. I have often said that one to medical breakthroughs in the fight take the undifferentiated cells and put of the reasons for basic research is that against disease. To this Senator, that them in a mouse to see if it causes can- you have 11 doors that are closed. The is worth exploring. cer. That is the gold standard—to see answer to the problem and the answer There is hardly a Senator here whose whether there is a stem cell line. to your endeavor may be behind one of life has not been touched by disease, in No one is talking about putting un- those doors. When you have enough one way or another, through their fam- differentiated cells into your body or funding to open one door, you know ily. In this particular Senator’s life, mine or anyone else’s. We are talking what the odds are against you finding my family has been touched by disease, about undifferentiated cells and then it. Or if you have funding for half, then and we don’t know the cause of it. finding how they make nerve cells, how you know what the odds are against Amyotrophic lateral sclerosis, or ALS, they make heart cells, how they make you opening the right door. A lot of otherwise known as Lou Gehrig’s dis- tissue cells, how they make brain cells. doors don’t lead to anything. A lot of ease. It took down the great baseball Only after they are differentiated basic research goes down the path, and player, Lou Gehrig. For years, the re- would they then be put into a person, they find out that is not the answer. So searchers have looked and looked and not undifferentiated. they have to shift to something else. researched and researched and have not I hear all about the terms. I heard That happens all the time. That is found a cure. The ALS community, that earlier this morning. I thought I what basic research is all about. along with many other communities, is would check up on it. That is what I I do not know the specific thing. I am concerned about the treatment and found out. not surprised that many things in the cure of diseases on which stem cell re- I would be glad to engage in a col- past that scientists have gone down the search might offer a clue. loquy. road on have not led to something cu- Researchers believe that stem cells Mr. COBURN. Mr. President, let me rative or therapeutic or something like may have the potential to treat over clarify for the record. I think it is very that which helps us. 100 million Americans who suffer from important. There is a difference be- That doesn’t mean that we have tried a variety of conditions, many of which tween cancer and teratoma. They use something before with devastating ef- you heard already discussed on the the formation of teratomas to make a fects which doesn’t say that we can’t floor of the Senate today. differentiation of whether this is a part then do embryonic stem cell research. There is a T-shirt that I jogged in of the cell. That is not a cancer. I get back to the point that when you this morning. It was given to me by the Teratomas are not necessarily cancer. have almost every disease group in this Miami Project. One of the most graphic They are tumors but not necessarily country supporting the bill that is be- symbols on this T-shirt is the inter- cancer. fore us, H.R. 810, you have Nobel laure- national symbol of a wheelchair-bound Mr. HARKIN. They are tumors. That ates, scientists, doctors, and you have person, and that international symbol is what I heard the Senator say. 19 Directors of NIH saying that thi has suddenly starts to become upright and Mr. COBURN. If you do not have a great potential, then I say, again, to walks. The Miami Project was put to- tumor, I would just as soon have a ter- my friends that you have to make ei- gether after the tragedy of a spinal atoma as cancer. ther one of two assumptions. Either all cord injury to the son of Nick Mr. HARKIN. I don’t know. I am a of these people have been hoodwinked Buoniconti, the all-pro linebacker of little confused. Is the Senator saying, and they do not know what they are the great Miami Dolphins team, the if a stem cell has been introduced and talking about or they have no care or undefeated team of 1972. When his son is undifferentiated, it causes cancer or concern about ethics or morals or any- was at a Citadel football game, he suf- teratoma? thing else. I think both assumptions fered that injury. Now the son and the Mr. COBURN. No. The Senator al- are wrong. I think these people know. father are both behind Miami Project, luded to the fact that there is a gold They are informed. They may not trying to find a cure for spinal cord in- standard of whether an embryonic know every little thing medical doc- juries. And all the medical researchers stem cell is pluripotent or whether it tors might know, but they know the feel that stem cell research is very produces a teratoma. That means it potential. promising for Alzheimer’s, Parkin- has components of the three layers of Second, I think they are vastly eth- son’s, cardiovascular disease, cancer, an embryo—exoderm, endoderm, and ical and moral people. and I already mentioned ALS and dia- mesoderm—which create all the other I hope we will have some further col- betes. tissues. loquies on this later. If that occurred, think what that Mr. HARKIN. But the fact is the in- Mr. BROWNBACK. I would love to re- would mean as we grapple with the ference from some of the statements, I spond with a quick response. I think a Federal budget that is going out of think, is that thus far stem cells, when third option is people are kind of inter- control because of the accelerating introduced, cause cancer. That is not ested in what these cells will do. I cost of Medicare. If we were able to

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7598 CONGRESSIONAL RECORD — SENATE July 17, 2006 treat and cure some of these diseases, Mr. OBAMA. Mr. President, a few marrow transplants can only be col- think about how much cost savings weeks ago I was visited by two of my lected in small quantities. They may that would create. And clearly, in this constituents—Mary Schneider and her not be a match for the patient. They Senator’s mind, a secondary consider- son Ryan. have limited ability to transform into ation is the fact of eliminating, almost When Ryan was just 2 years old, his specialized cells. miraculously, the plague of these dis- parents and doctors noted severe Cord blood, like the kind Ryan used, eases by the stem cells that have the delays in his motor and speech develop- has limitations as well. If, for example, ability to reproduce themselves and po- ment, and he was diagnosed with cere- Ryan’s condition should deteriorate or tentially develop into different kinds bral palsy. His parents were dev- he should have another illness, there is of cells in the human body. astated, as the prognosis for any chil- simply not enough cord blood cells left Of course, you have already heard in dren with cerebral palsy is quite grim, for a second use. His mother has told the debate today about the extensive and given the severity of Ryan’s condi- us that the few remaining cells would research and being able to treat certain tion, his doctors didn’t have much hope have to be cloned to get enough cells diseases. When confronted with this a for his improvement. for future use or they would have to few weeks before September 11, 2001, Yet, his parents had hope. Because obtain stem cells from another source. the President announced that the ad- when Ryan was born, his parents had These and other difficulties are the ministration would only allow Federal saved his cord blood, a viable but lim- reason scientists have started to ex- funding for this research to be used on ited source of stem cells. They found a plore other types and other sources of existing colonies of embryonic stem doctor at Duke University who was stem cells, including embryonic stem cells. Of course, you have heard the willing to perform an experimental in- cell research. Embryonic stem cells chorus in the scientific community, fusion with these cells to see if they can be obtained from a number of since then, expressing concern about might improve his condition. sources, including in vitro fertilization. the quality, the longevity, and the They did. In fact, they seem to have At this very moment, there are over availability of these lines—and they cured him. 400,000 embryos being stored in over 400 believe that the research advancement Within months of the infusion, Ryan facilities throughout the United requires new embryonic stem cell lines. was able to speak, use his arms, and States. The majority of these are re- The key is to increase the availability eat normally, just like any other served for infertile couples. However, of the quality embryonic stem cell child—a miracle his family had once many of these embryos will go unused, lines. only dreamed of. destined for permanent storage in a The current rules have limited the Ryan’s story exemplifies the power freezer or disposal. It makes sense for supply and have resulted in fewer in- and the promise of stem cells to treat us to expand and accelerate research vestigators focusing their efforts on and cure the millions of Americans using these embryos, just as we should stem cell research. Therefore, progress who are suffering from catastrophic, continue to explore the viability of has been limited because of Federal debilitating and life-threatening dis- adult stem cell use and cord blood use. funding in this research being limited. eases and health conditions. All over the country, exciting We have the ability to fix that. We can Each year, 100,000 Americans will de- progress is being made in the area of do that in this bill before the Senate. velop Alzheimer’s disease. Over 1 mil- embryonic stem cell research. At the This Senator intends to support this lion adults will be diagnosed with dia- University of Illinois, they are discov- bill. This bill lifts the President’s cur- betes this year, which can lead to com- ering that stem cells have the poten- rent restriction that allows researchers plications such as blindness, damaged tial to treat blood disorders, lung dis- to receive the Federal funding for the nerves and loss of kidney function. And eases, and heart damage. At Johns study of embryonic stem cells. These there are far too many individuals with Hopkins, researchers use mouse embry- stem cells can only be derived from spinal cord injuries who are struggling onic stem cells to restore damaged embryos originally created for fertility to maintain mobility and independ- nerves and restore mobility in para- treatments and that are willingly do- ence. lyzed rats. One cannot help but think nated by patients and, I might say, For most of our history, medicine it is a matter of when, not if, the re- that are slated to be discarded. has offered little hope of recovery to search will be able to help those who We will get a substantial majority of individuals affected by these and other have lost the ability to walk. votes in the Senate. Although we hear devastating illnesses and injuries. For these reasons, I am proud to be a the threats of a veto, it would be my Until now. longtime supporter of greater stem cell hope the President will reexamine this Recent developments in stem cell re- research. While I was a member of the issue. We are only talking about one search may hold the key to improved Illinois Senate, I was the chief cospon- kind of stem cell research. This is the treatments, if not cures, for those af- sor of the Ronald Reagan Biomedical stem cells that come through a rather fected by Alzheimer’s disease, diabetes, Research Act, which would specifically complicated progress, from a fertilized spinal cord injury and countless other permit embryonic stem cell research in egg that was going to be discarded. conditions. Illinois and establish a review of this There is another promising way of Many men, women and children who research by the Illinois Department of doing this called somatic cell nuclear are cancer survivors are already famil- Public Health. transfer where it is not even a fer- iar with the life-saving applications of I am proud to be a cosponsor of the tilized egg. You take an egg, scoop out adult stem cell research. Patients with stem cell bill before the Senate today. the nucleus, take a stem cell from the leukemia or lymphoma often undergo This bill embodies the innovative donor—it can be from a skin cell—put bone marrow transplants. thinking we as a society demand and that nucleus in, and activate the proc- One of my old law partners back in medical achievement requires. By ex- ess of growing cells. That process of Chicago underwent a bone marrow panding scientific access to embryonic stem cell research has enormous prom- transplant at the age of 30. It is a type stem cells which would be otherwise ise. of stem cell transplant which can sig- discarded, this bill will help our Na- This Senator has heard from thou- nificantly prolong life or permanently tion’s scientists and researchers de- sands of Floridians who suffer on a get rid of cancer. This is what hap- velop treatments and cures to help peo- daily basis from some of these terrible pened, fortunately, to my partner. He ple who suffer from illnesses and inju- diseases. The Senate has the ability to is now cancer free. This therapy has ries for which there currently are none. bring hope to these people. It is time to been used successfully for decades and The bill is not without limits. It re- act. The Senate should pass this bill is saving lives every day. quires that scientific research also be and pass it with a fairly sizable major- Now, here is the problem. This par- subject to rigorous oversight. I recog- ity, giving scientists the tools they ticular breakthrough of adult stem nize there are serious moral and eth- need to search for cures. cells has its limitations. Adult stem ical issues surrounding this debate. I I yield the floor. cells, as has already been mentioned by am respectful of those on the other The PRESIDING OFFICER. The Sen- the distinguished Senator from Iowa, side. I also realize that we are not talk- ator from Illinois such as those which are used in bone ing about harvesting cells that would

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7599 have been used to create life. We are The PRESIDING OFFICER. Under as diabetes and spinal cord injuries, not talking about cloning humans. We the previous order, the majority is in among others. are talking about using stem cells that control of the next 30 minutes. This leads me to another point. We would otherwise have been discarded The Senator from Kentucky. have seen the benefits that come from and lost forever. We are talking about Mr. BUNNING. Mr. President, I come adult stem cell research. However, we using those stem cells to possibly save to the Senate today to speak on the have yet to see any tangible benefits the lives of millions of Americans. three bills related to stem cell re- from any embryonic stem cell re- Democrats want this bill passed. Con- search. One of these bills is wrong, but search. Many scientists agree that servative pro-life Republicans want I believe that the other two are worthy these kinds of stem cells might—I say this bill passed. By large margins, the pieces of legislation. ‘‘might’’—be able to help fight disease American people want this bill passed. Stem cell research is a controversial someday, but it has not happened yet. It is only the White House right now issue in the medical, scientific, and re- We are talking about ending human that is standing in the way of progress, ligious communities, as well as in Con- life when no lives have been saved yet. standing in the way of so many poten- gress. I am not opposed to stem cell re- Who knows how many human embryos tial cures. search; however, I am 100 percent op- we will have to destroy before any tan- I ask, after this bill passes—because I posed to embryonic stem cell research. gible progress is made. am confident it will pass in the Sen- This is why I oppose H.R. 810, the Stem That being said, I am pleased to see ate—that the President think about Cell Research Enhancement Act of that the Senate is considering S. 2754, this before he picks up his pen to de- 2005. This bill would remove all current the Alternative Pluripotent Stem Cell liver his first veto in 6 years. I ask that protections against the destructive use Therapies Enhancement Act. This bill he think about Ryan Schneider and his of embryos for harvesting stem cells. I could very well remove the most con- parents and all the other families sit- firmly believe it is wrong to take these tentious issues of this debate. Embry- ting and waiting and praying for a sources of life and destroy them, even onic stem cells are pluripotent, mean- cure, hoping that somewhere a re- if it is for a benign purpose such as ing that they could potentially have a searcher or scientist will find an an- medical research. wide variety of uses. It is this quality swer. Current Federal policy on stem cell that drives the supporters of embry- There was a time in the middle of the research developed out of a com- onic stem cell research to their posi- last century when America watched promise between proponents of re- tion. However, great strides have been helplessly as a mysterious disease left search and those who endeavor to pro- made in deriving pluripotent stem cells thousands, especially children, disabled tect life at its earliest stages, brokered from sources that do not destroy em- for life. The medical community by President Bush. This is the first ad- bryos. worked tirelessly to fight to try to find ministration to allow Federal funding S. 2754 would authorize Federal fund- a cure, but they needed help. They of embryonic stem cell research. To- ing to conduct research on the creation needed funding to make their research day’s policy allows Federal funds to be of nonembryonic pluripotent stem possible. used for embryonic stem cell lines that With a world war raging and the cells. If successful, we would be able to were in existence prior to August 9, country still emerging from the De- end this debate by funding a morally pression, the Federal Government 2001. acceptable replacement for research in- As an opponent of the destruction of could hav ignored their plight or told volving human embryo destruction. I human embryos, I believed the Bush them to find their own cure, let it be urge the Senate to adopt this measure. administration’s decision to allow the The final bill the Senate is debating funded privately, but that is not what embryonic stem cell research was mis- on the subject is S. 3504, the Fetus happened. Instead, FDR helped to gal- guided. H.R. 810 goes even further than Farming Prohibition Act. I fully sup- vanize a community of compassion and the current policy. It cancels the pro- port passage of this legislation. This organized the March of Dimes to find tections of the 2001 cutoff for research bill would ban research from fetal the cure for polio. While Roosevelt by allowing research of all embryonic farms where human embryos are im- knew that his own polio would never be stem cells created from in vitro fer- planted in nonhuman uteruses. It cured by the discovery of a vaccine, he tilization treatments. This legislation would also ban embryos from human also knew that at its best, the Govern- would move us in the wrong direction pregnancies created specifically for re- ment can be used as a force to accom- on this issue. search. plish together what we cannot achieve Some have said that these excess em- Most people would find these require- on our own. So the people began to bryos which would be used for research ments to be self-evident. However, care. The dimes piled up, and the fund- would be destroyed anyway. However, I some groups have said this is unneces- ing started to flow. And 50 years ago, do not think this makes ethical sense. sary because research already follows Jonas Salk discovered the polio vac- Just because these budding lives will ethical guidelines that forbid this. cine. not survive does not mean that we That may be the case, but I believe we Americans are looking for that kind of leadership today. All over the coun- should ghoulishly conduct experiments should take these ethical guidelines try, patients and families are waiting on them. and give them the force of law to pre- I believe there is a disconnect be- today for Congress and the President vent the possibility of such gruesome tween what many Americans believe to open the door to the cures of tomor- methods ever being used by research- about this issue and what the facts are. row. At the dawn of this new century, ers. I urge my colleagues to pass this we should approach this research with For one, we are debating the use of bill. the same passion, the same commit- Federal funds for embryonic stem cell I do not like to see people with med- ment that has led to so many cures and research. We are not debating the le- ical conditions suffer. However, I be- saved so many lives throughout our gality of embryonic stem cell research. lieve many advocates of embryonic history. I urge my colleagues to sup- Any company or organization that stem cell research are playing on the port this bill. wants to conduct or fund embryonic hopes and griefs of many people whose I yield back the remainder of my stem cell research may do so. I just do lives are touched by illness. We are at time. not think taxpayers should be forced to an ethical crossroads with this issue. Mr. HARKIN. How much time re- pay for it. We must stay true to our values of re- mains on our side? Also, there are different kinds of specting life. It seems foolish to stub- The PRESIDING OFFICER. The mi- stem cells. Adult stem cells, such as bornly barrel ahead with Federal fund- nority has 3 minutes. those derived from cord blood tissue, ing for embryonic stem cell research Mr. HARKIN. Mr. President, I yield do not require the destruction of a when, with a small bit of patience, we that time to the Senator from Ken- human embryo. Why walk down such a can put aside the moral and ethical tucky. We had a colloquy earlier that dangerous ethical path when there is concerns and proceed down a path we maybe we can find some time before 5 no need to do so? These adult stem can all agree upon. for Senator DORGAN to speak. I yield cells have proven very effective in com- In closing, I firmly believe we cannot the floor. bating several serious conditions, such create life and then destroy it in order

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7600 CONGRESSIONAL RECORD — SENATE July 17, 2006 to save another life. I urge my col- line, in great detail, that the fact is, a The RAND–SART team designed and im- leagues to vote against the Stem Cell very small percentage of those are plemented a survey to determine the number Research Enhancement Act and to sup- available for fetal research. They also and current disposition of embryos frozen port S. 2754 and S. 3504. outline in great detail so the American and stored since the mid-1980s at fertility clinics in the United States and the number Mr. President, I yield back the re- public can know that for every two em- of those embryos designated for research. mainder of my time. bryos you are going to thaw, one of The survey was sent to all 430 assisted repro- The PRESIDING OFFICER. The Sen- those two will die during the thawing ductive technology facilities in the United ator from Oklahoma. process. States, 340 of which responded. Estimates for Mr. COBURN. Mr. President, I want So for this limited number, the most nonresponding clinics were developed using a to spend a few minutes to kind of out- number of new cell lines, if you took statistical formula based on a clinic’s size line some of the statements that have all that are available today, would be and other characteristics. The results show been made. To just show how off base less than what is available in the world that as of April 11, 2002, a total of 396,526 em- from reality some of them are, we today. It is 273 cell lines. So we have bryos have been placed in storage in the this great big demand, that we are United States. This number is higher than heard there was a ban on embryonic expected; previous estimates have ranged stem cell research. There is no ban on going to get all this, but what we are from 30,000 to 200,000. embryonic stem cell research. As a going to get is less than what is out in Although the total number of frozen em- matter of fact, the American people the world today. bryos is large, the RAND-SART survey found paid $40 million this last year on em- Mr. President, I ask unanimous con- that only a small percentage of these em- bryonic stem cell research—human, $40 sent that the Rand study I referred to bryos have been designated for research use. million. So there is no ban. And consid- be printed in the RECORD. As the figure illustrates, the vast majority ering that, there is a significant indus- There being no objection, the mate- of stored embryos (88.2 percent) are being held for family building, with just 2.8 percent try in the private sector that is re- rial was ordered to be printed in the RECORD, as follows: of the total (11,000) designated for research. searching it. Of the remaining embryos, 2.3 percent are [From the Rand Law & Health Research We heard there are only 21 cell lines awaiting donation to another patient, 2.2 Brief] around, available. There are 400 cell percent are designated to be discarded, and lines available to scientists. There are HOW MANY FROZEN HUMAN EMBRYOS ARE 4.5 percent are held in storage for other rea- 21 that Federal dollars can be spent on. AVAILABLE FOR RESEARCH? sons, including lost contact with a patient, So let’s be real clear about what the Frozen human embryos have recently be- patient death, abandonment, and divorce. come the focus of considerable media atten- EMBRYOS AVAILABLE FOR RESEARCH DO NOT real facts are. tion. Frozen embryos are a potential source HAVE HIGH DEVELOPMENT POTENTIAL We also heard from the Senator from of embryonic stem cells, which can replicate Florida that all medical researchers themselves and develop into specialized cells Although the 11,000 embryos designated for believe that embryonic stem cell re- (e.g., blood cells or nerve cells). Researchers research might seem like a large number, search is the best hope. That could not believe that such cells might be capable of the actual number of embryos that might be converted into stem cell lines is likely to be be further from the truth. All of them growing replacement tissues that could be used to treat people suffering from a number substantially lower. Because assisted repro- do not. As a matter of fact, there is a ductive technology clinics generally transfer large number who do not believe that of diseases, including cancer, Alzheimer’s disease, and diabetes. Among the most con- the best-quality embryos to the patient dur- way at all, based on not ethical con- tentious issues in the stem cell debate are ing treatment cycles, the remaining embryos cerns, on scientific concerns. They whether frozen embryos should be used to available to be frozen are not always of the think it is not an acceptable way. produce stem cells for research purposes and highest quality. (High-quality embryos are We heard the Senator from Illinois whether it is appropriate to use federal funds those that grow at normal rates.) In addi- saying that adult stem cells can only for research involving human embryos. tion, some of the frozen embryos have been be collected in small quantities. That Many of the proposed resolutions to the in storage for many years, and at the time embryonic stem cell debate are based on as- that some of those embryos were created, is not true at all. Many adult stem cell sumptions about the total number of frozen laboratory cultures were not as conducive to lines are reproductive of themselves. human embryos in the United States and the preserving embryos as they are today. Some They are progenitor cells. They repro- percentage of that total that is available for embryos would also be lost in the freeze-and- duce themselves. They come from research. Accurate data on these issues, how- thaw process itself. amnionic membrane. They come from ever, have not been available. Guesses on the To illustrate how such laboratory condi- bone marrow. They come from total number of embryos have ranged wildly tions might limit the number of embryos endometrial lining. They come from from tens of thousands to several hundred available for research, the RAND-SART thousand. team performed a series of calculations. placental tissue. They come from cord RAND researchers Gail L. Zellman and C. Drawing upon the few published studies in blood. They come from the spleen and Christine Fair, together with the Society of this area, they estimated that only about 65 the liver. They come from all sorts of Assisted Reproductive Technology (SART) percent of the approximately 11,000 embryos areas in our body. Working Group led by David Hoffman, MD, would survive the freeze-and-thaw process, We heard the Senator from California have completed a project designed to inform resulting in 7,334 embryos. Of those, about 25 say we should let the scientists decide, the policy debate by providing accurate data percent (1,834 embryos) would likely be able not the Senators. Let’s talk about on the number of frozen embryos in the to survive the initial stages of development Tuskegee. We let the scientists decide United States and how many of those em- to the blastocyst stage (a blastocyst is an bryos are available for research purposes. that one. I can think of two or three embryo that has developed for at least five Their findings include the following: days). Even fewer could be successfully con- more instances in the 20th century Nearly 400,000 embryos (fertilized eggs that verted into embryonic stem cell lines. For when we let the scientists decide, and have developed for six or fewer days) have example, researchers at the University of we went down a path that all of us were been frozen and stored since the late 1970s. Wisconsin needed 18 blastocysts to create grieved over. Patients have designated only 2.8 percent five embryonic stem cell lines, while re- When Senator SPECTER opened the (about 11,000 embryos) for research. The vast searchers at The Jones Institute used 40 debate today, there was, again, the as- majority of frozen embryos are designated blastocysts to create three lines. for future attempts at pregnancy. Using a conservative estimate between the sumption, in his first statement, that From those embryos designated for re- there is no embryonic fetal stem cell two conversion rates from blastocyst to stem search, perhaps as many as 275 stem cell cells noted above (27 percent and 7.5 percent), research. Not true. He also said none of lines (cell cultures suitable for further devel- the research team calculated that about 275 the others have the potential of embry- opment) could be created. The actual num- embryonic stem cell lines could be created onic stem cell research. Well, I think ber is likely to be much lower. from the total number of embryos available there is a large body of science and a VAST MAJORITY OF FROZEN EMBRYOS ARE HELD for research. Even this number is probably larger body of scientists who would dis- FOR FAMILY BUILDING an overestimate because it assumes that all agree with that, especially as they The practice of freezing embryos dates the embryos designated for research in the study the new breakthroughs on germ back to the first infertility treatments in United States would be used to create stem the mid–1980s. The process of in vitro fer- cell lines, which is highly unlikely. cell pluripotent stem cells. tilization often produces more embryos than The RAND-SART survey found that almost I am going to ask to have printed in can be used at one time. In the United twice as many frozen embryos exist in the the RECORD a Rand study on the avail- States, the decision about what to do with United States as the highest previous esti- able numbers of human embryos, where the extra embryos rests with the patients mate. Only a small percentage of these em- in fact there are 400,000. But they out- who produced them. bryos are available for research because the

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7601 vast majority are reserved for family build- false promise is that only embryonic udice to any Senator, to speak for 5 ing. Among those that are in principle avail- stem cells are going to solve the prob- minutes on another matter. able for research, some have been in storage lem. It is not true. The PRESIDING OFFICER. Is there for more than a decade and were frozen using The second promise is we are going objection? techniques that are less effective than those that are currently available. to get treatments, but we are not going Mr. BYRD. Not showing an interrup- to have to clone. You are going to have tion at this point. Mr. COBURN. Now, why do we want to clone if you are going to get treat- The PRESIDING OFFICER. Is there multiple cell lines? It goes back to the ments from embryonic stem cells. objection? issue I have been talking about all day. No. 3 is that adult stem cells and the Mr. DORGAN. Mr. President, reserv- It is called tissue rejection. That is the pluripotent lines, as well as germ cell ing the right to object, my under- wonder of adult stem cells and germ lines, will not be able to do what em- standing was that I would be recog- cell pluripotent stem cells versus em- bryonic stem cells do. That is not prov- nized for 10 minutes following the pres- bryonic. With embryonic, there is re- en anywhere in the scientific lit- entation by Senator COBURN. I don’t jection because there is an allergy to erature. That is a false promise. object to anything someone else wishes the foreign tissue. It is called the HLA, And No. 4 is the false promise issue to do, provided that following that histocompatibility complex. The only that you cannot take adult stem cells presentation, I am recognized for 10 way around that, with fetal embryonic and dedifferentiate, move backwards, minutes. Would that be part of the stem cells, is to clone yourself—the to make them pluripotent, which we unanimous consent request? only way you will get around it. And it are seeing great science with an en- Mr. BYRD. I make that part of my will only work well in women. Only if zyme today called reversa. So those are request. you clone yourself with your own egg the false promises that are out there. The PRESIDING OFFICER. Is there do you avoid all the allergy implica- Now, there are four false choices, I objection? tions of foreign tissue. believe. One is that there is no cure Mr. HARKIN. If I might, as a man- So I think it is very important that without embryonic stem cells. That, ager, we are on strict time limits. At 5 we—it is OK to have this debate, but for sure, the evidence does not show. o’clock, Senator KENNEDY gets 25 min- some of the claims we hear—we actu- Another is that there will not be any utes and then 5 minutes goes to Sen- ally heard, and I know he did not mean research unless the Government pays ator REED. At 5:30, it goes back to the this, Senator SPECTER talking about for it. That is not true at all. The re- other side. If we take time here and embryos injected into the pulp of the search is ongoing across the world in there, it spills over, and someone is tooth to create a new set of teeth. He lots of areas without government re- going to lose time. did not mean embryos. He meant search, and much more so in our coun- Mr. KENNEDY. I will be glad to yield pluripotent stem cells. But you do not try outside of government research. 5 minutes of my time to the Senator want pluripotent. What you want is the The third choice is that there is no from West Virginia. epidermal stem cells that produce life in an embryo. The fact is there is. The PRESIDING OFFICER. Is there teeth in the first place. That is what is Now, we had one Senator talk about objection? Without objection, it is so great about adult stem cells. We are the fact that they are going to be in- ordered. going to be able to do that with adult cinerated. If you talk about the 108 The Senator from West Virginia is stem cells. snowflake babies, the other 2 or 3 orga- recognized. He also stated that embryonic stem nizations that are adopting those, (The remarks of Mr. BYRD are print- cell research is outstripping all of the those children belie that fact that ed in today’s RECORD under ‘‘Morning research. That is not true. It is not there is wonderful potential with the Business’’.) true at all. The vast majority of suc- amount of demand. The PRESIDING OFFICER. Under cess in stem cells today lies not with I am not saying that people who dis- the previous order, the Senator from embryonic stem cells, it lies with ev- agree with me on the ethical issues are North Dakota is recognized for 10 min- erything but embryonic stem cells. bad or immoral people. I am saying I utes. Now, I do not deny as a scientist that am not fighting this on ethical issues. Mr. DORGAN. Mr. President, all of us would be a wonderful area in which to I am fighting this on common sense, to have great pride in being able to serve work. There is lots unknown, and if see what things are happening and in this great body and the purpose of it you are a scientist today, and they say where we are seeing success and keep- is, of course, to be engaged in public you can go to this area where there are ing up with the science. This debate in policy debate, how to advance this all these areas where you can work and the Senate today is almost all about a country’s interests. We come to this go and move and everything, it is a fun year and a half old, as far as the debate today on something that is very area of research. But it is loaded with science is concerned. I am talking important, very controversial. This hazards, just like the Senator from about the new science. That is why I country’s search in many areas—social Kansas talked about, in terms of fetal worked so hard to stay up on it. justice, science, and so many areas of tissue. The fact is, as we may someday Finally, the promise is what every our lives—is a search that never ends. learn how to turn on and turn off some scientist knows, what every We have split the atom. We have of these cell lines, we do not know that embryologist knows and every cell bi- spliced genes. We did the human ge- yet. It is fine to perfect that in ani- ologist knows, which is the mighty mi- nome project, developed the owner’s mals. It is not fine to perfect that in tochondria. You cannot clone without manual for the human body. We in- human clinical trials until we have having potential rejections unless you vented plastics and radar and silicon that absolutely controlled. I do not clone yourself with your own egg. chips, cured polio, cured smallpox, have any trouble with what we are There is different DNA in the mito- built airplanes and learned to fly them, doing now, doing that in the private chondria and the cell cytoplasm. I ap- and built rockets and walked on the sector. preciate the spirit of the debate, and I moon; we invented the telephone, the But the question is, do we ask Amer- hope the American people understand computer, and the television. ican taxpayers to use their money to that it is not a false choice of no re- It is pretty unbelievable, but this destroy embryos—embryos for which search versus some. The question is, Do country is hardly out of breath. We there are 2 million people in the coun- we destroy unborn children? Two, do continue to inquire, continue to try who would love to adopt—do we ask we give Federal dollars to do that? search, and continue to ask questions. them to destroy that with their tax Thank you. Those questions, especially in science, money so we can do that research, even The PRESIDING OFFICER. The Sen- are, in some cases, difficult questions. though it is occurring in the private ator from West Virginia is recognized. We will have three pieces of legislation sector at a far greater rate than it is in The Senator is to be aware that the we will vote on tomorrow dealing with the public finance sector? majority controls the time until 5 p.m. stem cell research. One piece of legisla- So I think this really boils down to Mr. BYRD. Mr. President, I am aware tion prevents something that is not two questions: false choices and false of that. I ask unanimous consent that, being done. I will not have any problem promises. Let me outline them. The notwithstanding and without any prej- supporting that; preventing something

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7602 CONGRESSIONAL RECORD — SENATE July 17, 2006 that is not being done is not posing any Are we comparing someone who is ing embryos into mommies’ wombs and difficulty for me. The second piece of suffering from Parkinson’s, someone growing them for a while and then har- legislation authorizes that which is al- who has Alzheimer’s, someone with vesting them for body parts. That is ready authorized. I have no difficulty heart disease or cancer or diabetes to the Byzantine nonsense which, unfor- with that vote either. I will be happy an embryo that is going to be discarded tunately, attends part of this debate. to support that. into a wastebasket—8,000 to 11,000 of No one here—certainly not me—would The third piece of legislation is them a year? Do we find an equiva- ever countenance anything resembling called embryonic stem cell research. lency there that, and yet much of the political dis- That is the basis of the controversy Do you believe that all of those un- cussion about this issue becomes so bi- being discussed today. Those in this used fertilized eggs that are frozen at zarre and so Byzantine that it is de- Chamber and those throughout this an IV clinic, an in vitro fertilization tached from reality. country who have lost loved ones to clinic, that are discarded, that each The bill that is before the Senate dreaded diseases understand the ur- and every one represents a murder? that I just described—I am not talking gency to unlock the mysteries of these Some believe that. I don’t. about the first two bills, the one that diseases. I lost a beautiful young What is pro-life, I believe, what is prevents something that is not being daughter some years ago to heart dis- life-giving is to be able to continue in done. I don’t have a problem with that. ease. I wondered then, and I wonder this area of science with ethical guide- Or the one that authorizes something now, and I will wonder for some long lines but continue this search to that is already authorized, and I have while, if there is anything that we unlock the mysteries of these diseases. no problem with that. could do to unlock the mystery of that My colleague a moment ago said I am talking about the legislation devastating killer. But it is not just quite correctly that we don’t prevent dealing with stem cell research. The bi- heart disease. It is diabetes, Alz- stem cell research. He is quite right partisan coalition that brought it to heimer’s, Parkinson’s, cancer—the list about that. This issue is the restriction the Senate includes Republicans, goes on and on. of Federal funding, and, of course, a Democrats, conservatives, and liberals. Every day, people die. Every day, substantial amount of the funding for My hope is the Senate will act on this there are scientists who inquire: What scientific research, research in health legislation with a veto-proof majority can be done? What can we do to unlock care in this country, comes from the and decide whatever the President does the mysteries to find cures for these Federal Government. that we have made this decision and terrible diseases? If we take a look at what has hap- Stem cell research. Mr. President, the decision should stick. pened with respect to the United there are 1 million people walking on The PRESIDING OFFICER (Mr. AL- States and the rest of the world, we this Earth who were conceived outside EXANDER). The Senator’s time has ex- of the womb in a test tube. There are 1 will see, because President Bush has pired. The Senator from Massachusetts million living people who were con- imposed restrictions on stem cell re- is recognized. ceived through in vitro fertilization. search, we have lost a substantial Mr. KENNEDY. Mr. President, I be- We had somebody testify before the amount of ground to the rest of the lieve I am to be recognized for 20 min- Senate Commerce Committee a few world. We are falling far behind. utes. I would like the Chair to let me 1 years ago, and he said none of those This is not about Republicans or know when I have 3 ⁄2 minutes remain- people should have been born, it was Democrats. It is not about conserv- ing. wrong and in vitro fertilization should atives or liberals. Let me quote Nancy The PRESIDING OFFICER. The not exist. It is wrong, he said. I dis- Reagan: Science has presented us with Chair will do that. Mr. KENNEDY. Mr. President, I join agree with him. It is the blessing to a hope called stem cell research, which my friend and colleague from North provide the opportunity to have a fam- may provide our scientists with an- ily to so many couples who were child- swers that have so long been beyond Dakota in giving special recognition to less through in vitro fertilization, our grasp. I just don’t see how we can Mrs. Reagan on this issue. As someone using the egg and sperm and uniting turn our backs on this—there are just who has been interested in this issue them outside of the womb, implanting so many diseases that can be cured, or for some time, as many of my col- them, and providing a child for those at least helped. We have lost so much leagues have, I think all of us pay trib- families. time already, and I just really can’t ute to her, to a very gracious, lovely, At in vitro fertilization clinics, many bear to lose any more. wonderful, warm First Lady and some- more eggs are fertilized than are used. Nancy Reagan watched the ravages one I admire so much because after she Some are stored and frozen. Those fro- of Alzheimer’s disease destroy her hus- has been to the top of the mountain, so zen embryos at in vitro fertilization band, our former President, the late to speak, and entitled to a very secure clinics, when they are not going to be Ronald Reagan. I believe she under- and well-deserved retirement, she is used in the future, are discarded, sim- stands the urgency with which we pur- still restless about this issue and tire- ply thrown into a wastebasket. They sue this purpose. I can read the pain in less about talking with people and become waste and they are discarded. this message, and that pain exists—my speaking about this issue with great Some of my colleagues would say each guess—with so many in this Chamber knowledge, great awareness, great un- and every one of those represents mur- and across the country who have derstanding, and great compassion. I der. I don’t believe that, but some of watched loved ones die because of mention that at this time. I think we my colleagues would insist on that po- dread diseases that have wasted away all know this debate has moved farther sition. That is murdering an embryo. their lives. The question is: Are we down the road toward a hopeful conclu- We have 400,000 of those embryos willing to do something about that? sion because of her work. stored, cryogenically frozen, at in vitro Can we do something about that? Will Today, the Senate begins the debate fertilization clinics. Around 8,000 to we retard or will we advance science? on legislation unlike any other we have 11,000 of them a year will be simply dis- Will we hold back or will we encourage considered this year. Today’s debate is carded. the scientists to search for these cures? not about economic gain or loss or The question is: Should we relax the I hope the Senate will do just as the helping one State or one region of the ban on Federal funding of stem cell re- House has done and indicate that we country. Today’s debate is about some- search and allow the use of frozen em- believe that with proper ethical guide- thing far more basic, something that bryos that otherwise are going into a lines, stem cell research should con- touches the spirit of every American. wastebasket, that otherwise are going tinue with Federal funding. I believe, Today’s debate is about hope. to be discarded? Should we allow the as I said, this is about saving lives, this Hope is one of those qualities of spir- use of them with ethical boundaries is not about taking lives. it that makes us human. Hope allows and be concerned about the ethics of I understand that this is a sensitive us to dream of a better life for our chil- its use for scientific research, to try to subject. In fact, in my last campaign dren, our community, our world, and find the cures to these terrible dis- for office 2 years ago, my opponent ran especially for loved ones now suffering eases? Should we allow that? The an- television commercials saying that my or in pain. Hope is what stem cell re- swer clearly is yes. position was to be supportive of plant- search holds for the parents of children

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7603 with diabetes who dream of a day when since 2001 have allowed scientists to it had developed an extensive and ro- their constant fears for their children’s grow stem cells without mouse cells, bust ethical framework for the re- well-being are things of the past. Hope but these are all off limits to NIH-fund- search. These requirements include an is what stem cell research brings to ed scientists because of the administra- extra level of review to assure that all those with Parkinson’s disease who tion’s restrictive policy. research was conducted according to long for a time when the tremors of Even if the 21 lines were not contami- special protections applicable to stem that disease are banished forever. Hope nated with mouse cells, they would cell research. They limit research only is what stem cell research brings to still be unusable for treatments. The to cells derived from embryos from fer- millions of Americans who seek better reason is that the use of every one of tility clinics that were never to be used treatments and better drugs for cancer these cells is constrained by a legal to initiate a pregnancy and were likely or diabetes, spinal injury, and many contract called a material transfer to be discarded. They prohibit payment other serious conditions. And hope can- agreement, and each of these docu- for donation of cells. They forbid im- not be extinguished or destroyed, but it ments contains a clause forbidding the proper inducements to donate embryos can be delayed. use of the cells in patients. to further ensure that all cells used for In the Bible, the Book of Proverbs Let me be clear. If the cells in the research must come from embryos that tells us: NIH registry weren’t already useless would not be used to initiate a preg- Hope deferred makes the heart sick. for treatment because they are con- nancy. And today hearts are sick almost to taminated, they would be useless be- I want to take a moment to discuss the breaking point because, for the last cause the contract under which they this last point in detail. Even with the 5 years, the Bush administration has are provided forbids their use in pa- intense debate on stem cells over the shut down the stem cell research pro- tients. last 5 years, there remains some confu- gram begun at the National Institutes Five years ago, we warned that im- sion about the source of stem cells. The of Health and imposed the arbitrary re- posing an arbitrary date restriction on cells are not derived from fetuses, they strictions on this lifesaving research. new stem cell lines would freeze are not from embryos that might oth- Hope soared anew a year ago when progress by denying NIH researchers erwise have been used to start a preg- the House of Representatives set aside access to new lines that might hold the nancy. partisan differences and courageously key to medical breakthroughs, and Our legislation explicitly requires approved legislation to end those re- these fears have proven well-founded. the stem cells to be derived: strictions and to give our scientists the Since the restrictions were imposed, From human embryos that have been do- tools they need to make the progress in scientists working overseas or with nated from in vitro fertilization clinics, were the fight against disease. The vote in limited private funds have developed created for the purpose of fertility treat- the House affirmed that embryonic new lines with exceptional promise for ment, and were in excess of the clinical need stem cells can promote a true culture research. For example, Dr. Douglas of the individuals seeking such treatment. of life by enabling fuller, longer lives Melton at Harvard has derived 17 new Those are the words, Mr. President. for millions of our citizens. The House stem cell lines with improved tech- In fertility clinics around the coun- voted for hope, for progress, and for niques. Scientists at the University of try, there are thousands of embryos life. California have shown that stem cells that are simply thrown away. Hundreds The supporters of this legislation in can be derived without contamination of thousands more are frozen and never the Senate come from backgrounds as from animal cells. And doctors in used. They are not the result of a preg- diverse as its proponents in the House. Israel have developed stem cell lines nancy; they are not the product of an All of the supporters of H.R. 810, with that have genetic traits with the po- abortion or a miscarriage. The only our different backgrounds and different tential of treating hereditary diseases, way they can produce life is to be im- faiths, representing different parts of such as muscular dystrophy. These as- planted in a woman, and these embryos this country, have concluded that sup- tonishing breakthroughs could lead to we propose to save for research have port of this legislation is the moral new cures and new understanding of not been and will not be. We believe it choice to make. these disorders, but the administra- is better to save embryos that would The legislation before us takes only tion’s restrictions bar NIH from sup- otherwise be destroyed so they can give two actions, but they hold the key to porting research to explore their prom- the gift of life to patients who are suf- medical progress. ise. To unlock the healing power of fering. Life is too precious to allow an First, our legislation overturns the stem cell research, the first action our opportunity to cure illness to be sim- restrictions on the embryonic stem cell legislation takes is to end the ban that ply thrown away. research imposed by Presidential order keeps NIH from supporting research on Some say this debate is only about 5 years ago. That unilateral action by new stem cell lines. science, and that it is not a moral the administration bypassed Congress But science without ethics is like a choice. I disagree. A vote on this bill and froze progress in its tracks by bar- ship without a compass. Strong ethical involves a deeply moral choice. It is a ring the NIH from funding research on guidelines are needed to ensure that choice between making progress to- stem cells derived after 9 p.m. eastern scientific progress follows the moral ward better treatment for patients or daylight time, August 9, 2001—an arbi- course that we as a society set. For spurning a chance for new cures. There trary date and time chosen solely to this reason, the second major action are deeply moral people on both sides coincide with a Presidential speech. our legislation takes is to establish of this debate, but I am convinced that At the time the President’s order was ethical safeguards for stem cell re- medical progress is the right one. issued, it was claimed that over 60 search. And once again allowing NIH to We have faced similar choices many independent stem cell colonies, or lead stem cell research, we bring more times in the past. In the 1970s, Congress lines, would be available to NIH re- research under the strong ethical was considering whether to ban re- searchers. Initially, the NIH listed 78 standards that are part of every NIH search on recombinant DNA—the very such lines in its registry, but time and grant for any kind of medical research. foundation of biotechnology. Then, as the unalterable facts of science have The bedrock principles of these stand- now, some raised ethical concerns or shown that two-thirds of these lines ards are informed consent of the pa- dismissed the promise of this research are useless or that claims about them tient and approval of an ethics com- as a pipedream, and urged Congress to proved to be an illusion. mittee. forbid it. In the 1980s, Congress made Today, only 21 stem cell lines are In addition, when it comes to stem the right choice by rejecting attempts available to NIH researchers, and all of cell research, our legislation requires to outlaw IVF, a technique that has these were obtained using out-of-date NIH to go beyond these general re- fulfilled the hopes and dreams of thou- methods and outmoded techniques. quirements and requires NIH to issue sands of parents who never would have Each of these 21 lines is contaminated specific standards for stem cell re- been able to have a child otherwise. with animal tissue because each was search. Before the NIH stem cell re- Other forms of medical progress cultured on a so-called feeder layer of search program was terminated in the brought similar controversy: trans- mouse cells. Techniques developed early days of the Bush administration, plantation, blood transfusion, even

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7604 CONGRESSIONAL RECORD — SENATE July 17, 2006 vaccines. All of these breakthroughs search. One of the participants was I hope to be able to stand on the Sen- were once new and controversial, with Moira McCarthy Stanford from Plym- ate floor a few years from now to high- strong voices raised against them. All outh, MA, whose 14-year-old daughter light the advancements that have been were discussed and debated and eventu- Lauren has juvenile diabetes. I wish to made in the treatment of spinal cord ally adopted in ways that are con- end my remarks today with a letter victims, children with diabetes, and sistent with American values. Each that Lauren wrote to me. It explains Parkinson’s treatment because of em- time we looked to the future and saw far more eloquently than any Senator bryonic stem cell research. However, I the potential of controversial research, could the urgent need to pass this leg- fear that even if the Senate approves we chose progress, and the benefits islation. These are Lauren’s words: legislation, patients will only see fur- have been immense. For as long as I can remember, I have had ther delays in promising stem cell re- We should make the same choice on to take a lot of leaps of faith. I have had to search. stem cell research. We should not allow believe my parents when they told me taking The President endorsed the use of the misplaced fears of today to deny four or five shots a day and pricking my fin- Federal funds research on existing cell patients the cures of tomorrow. ger eight or more times a day was just a new lines in his August 2001 Executive Some argue that we should support kind of normal. I had to— Order. At the time of the announce- research on adult stem cells, or stem The PRESIDING OFFICER. The Sen- ment, he said: cells from umbilical cords, or stem ator has 31⁄2 minutes remaining. Scientists believe further research using cells derived from using new genetic Mr. KENNEDY. I thank the Presiding stem cells offers great promise that could techniques. I agree. We should leave no Officer. help improve the lives of those who suffer stone unturned in the search for new I had to just smile and say I’m fine when from many terrible diseases—from juvenile a high blood sugar or a low blood sugar diabetes to Alzheimer’s, from Parkinson’s to cures. Perhaps some cures will come spinal cord injuries. And while scientists from one technique and other break- forced me to the sidelines in a big soccer game, or into the base lodge on a perfect ski admit they are not yet certain, they believe throughs from another. Let’s encour- day, or out at the pool during a swim meet. stem cells derived from embryos have unique age our scientists to explore every ave- But when I watched, with my parents, potential. nue that is ethical and could lead to President Bush’s decision on stem cell re- This is from the President’s Execu- progress. But there is no sense in clos- search in the summer of 2001, I just could not tive Order. ing the door on one of the most prom- accept it. You see, the one thing that has We know now that the stem cell lines ising areas of medical research discov- helped me accept all I have had to accept identified in the Executive Order were ered in decades, while we wait for these years is the presence of hope. Hope not the panacea for breakthrough med- keeps me going. other, less hopeful methods to show That night, President Bush talked about ical research. There are only 22 stem success or failure. That is not my as- protecting the innocent. I wondered then: cell lines available for federally funded sessment; it is the judgment of every What about me? I am truly innocent in this research, and since they were derived major scientific leader in America. situation. I did nothing to bring my diabetes in the absence of scientific and ethical According to a letter by 80 Nobel lau- on. There is nothing I can do to make it any guidelines, they have proven unsuit- reates: better. All I can do is hope for a research able for most research. At the same For disorders that prove not to be treat- breakthrough and keep living the difficult, time, there are approximately 400,000 demanding life of a child with diabetes until able with adult stem cells, impeding human frozen embryos in IVF clinics that will pluripotent stem cell research risks unneces- the breakthrough comes. How, I ask my par- ents, is it more important to throw discarded likely be destroyed. While I recognize sary delay for millions of patients who may the many benefits of using embryonic die or endure needless suffering while the ef- embryos into the trash than it is to let them fectiveness of adult stem cells is evaluated. be used to hopefully save my life. stem cells in biomedical research, I I am so happy to hear that the Senate is also realize that many serious ethical The Institute of Medicine was just as thinking of passing H.R. 810. I can dream and moral issues have to be considered. clear on the need for embryonic stem again—dream of that great day when I write I believe Federal guidelines designed to cell research: a thank you letter to the Senate, to the create and uphold strict oversight of House, and everyone who helped me become Embryonic stem cells studied in animals these practices can achieve the appro- clearly are capable of developing into mul- just another girl; a girl who dreamed and tiple tissues and capable of long-term self-re- hoped and one day, got just what she wanted: priate balance needed in order to en- newal in culture, features that have not yet her health and her future. That’s all I’m sure that this research is being carried been demonstrated with many adult stem really asking for. out in an acceptable manner. cells. Those are Lauren’s words, and they H.R. 810 sets forth responsible rules In a letter to the Senate Appropria- command us to act. Tomorrow, we and limitations for obtaining excess tions Committee, Dr. Elias Zerhouni, must cast a vote of conscience and of embryos as well as adequate standards the Director of the NIH, said: courage. We must reaffirm that our for conducting research involving em- It is clear that more cell lines would be common value of bringing hope to bryonic stem cells. It would establish helpful in ensuring expeditious progress in those who need it outweighs any single the necessary framework for oversight this important field of science. ideology. We must approve the Stem so that principled research can finally His conclusions were echoed by other Cell Research Enhancement Act, and be allowed to proceed. NIH Institute Directors such as Dr. we must call upon the President of the Some of my colleagues believe em- Elizabeth Nabel, head of the NIH Insti- United States not to veto hope. bryonic stem cell research is not nec- tute on Heart, Lung and Blood Dis- I thank the Chair. essary, given some of the tremendous orders, who said: Mr. REED. Mr. President, I believe I advances adult stem cells have yielded. The limitations of existing cell lines are have 5 minutes under the order. Indeed, I wholeheartedly support con- hindering scientific progress among a com- The PRESIDING OFFICER. The mi- tinued progress in the area of adult munity that is very eager to move forward in nority controls the time until 5:30. stem cell research and was proud to be this promising area. Mr. REED. Mr. President, I yield my- one of the lead sponsors of the Stem The judgment of the Nation’s sci- self 5 minutes. Cell Therapeutic and Research Act, entific leaders could not be clearer or I wish to take a few moments talking which Congress enacted late last year. more emphatic: Yes, we should study about H.R. 810, the Stem Cell Research This bill was essential in maintaining adult stem cells, but we should let Enhancement Act. Last year, the patient access to lifesaving treatments science decide which approach works House overwhelmingly passed this bill, through the National Marrow Donor best for patients. and I am pleased that the Senate will program and also opening the door to But in the end, this debate is not now finally consider this legislation. the developments of a companion reg- about abstract principles or complex My colleague in the other body, Con- istry system for cord blood. terms of science. It is about people who gressman JIM LANGEVIN, has been a We know the use of umbilical cord look with hope to stem cell research to staunch advocate for stem cell research blood in treating diseases such as leu- help them with the challenges they and has played a central role in ad- kemia, sickle cell anemia, and rare but face. vancing this legislation through the deadly genetic disorders such as Two years ago, I held a forum in Bos- House of Representatives, and I com- Krabbe disease is showing tremendous ton on the promise of stem cell re- mend him for that. promise. The Stem Cell Therapeutic

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7605 and Research Act solidified the Na- When H.R. 810 passed, I began to do My point to you, the Presiding Offi- tion’s commitment to increasing the what I think all of us should do. I cer, and the ladies and gentlemen of number of cord blood transplants by began to get educated as best I could the Senate, is this: There are three providing additional Federal funds to on this controversial and important lines that exist today that were derived help public cord blood banks increase issue. Dr. Michael Johns at Emory Uni- from the byproducts of in vitro fer- their inventory, as well as support out- versity helped me. Dr. Steven Stice, at tilization that could not be implanted reach, patient advocacy, and coordi- the University of Georgia, helped me. I in the womb and become a fetus or be nating information and education ac- sat through more than a few dem- frozen for subsequent implantation. tivities. onstrations—not sales presentations Under the Guarder et al. principles in The President also recognized the im- but demonstrations of programs and ef- the grading of material in in vitro fer- portance of this avenue of research. forts in embryonic stem cell research tilization, there is a clear line of that During the 2001 Executive Order, he underway, under NIH guidelines, and which is viable, that which can be fro- said: were moving forward. zen, and that which cannot. It doesn’t You should also know that stem cells can I learned a lot. I learned this promise involve the discarding of anything that be derived from sources other than embryos. of embryonic stem cells was uncovered can be viable, but it does lend hope And many scientists feel research on these or identified in 1998. Research has been that from sources other than the viable types of stem cells are also promising. Many done for 8 years. They hold great prom- embryos, stem cells can be derived. patients suffering from a range of diseases ise. Adult stem cells have been around I respect human life and I want us, as are already being helped with treatment de- longer and have demonstrated promise a nation, to always be respectful and veloped from adult stem cells. beyond what embryonic has today, but never disrespectful of it and its poten- He went on to add: that is because of the time and the tial. I also respect the wonder of However, most scientists, at least today, amount of money that has been in- science in innovation and the great dis- believe that research on embryonic stem vested. coveries that it has brought. I stand cells offer the most promise because these But I learned one thing. I am not here today believing that you can do cells have the potential to develop from all smart enough to know what the end re- both and that as we move forward, be- of the tissues of the body. sult of all this research will be, but I yond this debate, beyond a veto if it Those are the President’s words. I am smart enough to know that our takes place—whatever the fire and sub- urge all of us to heed those words country must continue to be a player stance is—we should start tomorrow today. in the research. Everywhere NIH is in- looking at these other alternatives. I urge the Senate to support H.R. 810 volved, you have standards, you have Just in the 18 months since this issue and also the President to sign it into ethics, you have procedures, and you began to bubble up in the Senate, there law. I also intend to support S. 3504 and have protocols. It is very important have been breakthroughs, such as sin- S. 2754, but neither of these measures is that all those exist in such a delicate gle cell extraction from embryos with- a substitute for H.R. 810. and important type of research. We out the destruction of the embryo— Mr. President, I yield the floor, and I must be respectful of human life. something that holds great promise for note the absence of a quorum. The proposal in H.R. 810 that is of those cells to actually replicate them- The PRESIDING OFFICER. The concern is that it involves the destruc- selves into stem cells. clerk will call the roll. tion of an embryo that, if implanted, We can do it. It is important that we stay on course to do it. But it is impor- The legislative clerk proceeded to could become a human being. That is a tant that we not break the ethical call the roll. legitimate concern for us as a country principles to which we are committed Mr. ISAKSON. Mr. President, I ask to have. and always be respectful of life. unanimous consent that the order for When Senator FRIST began fielding In the course of the negotiations the quorum call be rescinded. inquiries with regard to this issue, with the leader—and I want to inject The PRESIDING OFFICER. Without months ago, after H.R. 810 passed the something here with regard to Major- objection, it is so ordered. House, I engaged myself as I was in ity Leader FRIST. I don’t know any- Mr. ISAKSON. Mr. President, I rise this learning process in hopes of find- to take advantage of the time assigned body who has ever been dealt a tougher ing a prospect where we could match hand in terms of coming to a resolu- or allotted for all of us to discuss what the standards of ethics we all want and is obviously a passionate, controver- tion of these issues. I thank him for also invest in the hope for the future. I the amount of input he let me have. sial, and important issue. But I rise to believed that there was a way—in fact, Unfortunately, I was unsuccessful in talk about it from, probably, a dif- there is a way—that we could invest in being a part of the final debate, in ferent perspective than some of the embryonic stem cell research without terms of what I just described, in terms other speeches—at least those I have involving the destruction of an embryo of the stem cell lines they are oper- heard. I want to talk prospectively, that could be transferable to the womb ating on at the University of Georgia, about what happens after this debate is and become a fetus. but I think under the circumstances he over. For a second, I wish to discuss that did the best he could. If all the predictions come true, at on the floor simply, if nothing else, to Sincerely I stand here as a Member of the end of the day we will not debate point out that there are many opportu- the Senate with 4 years remaining in stem cells for the rest of this year be- nities of hope out there that meet both my term, knowing that we will revisit cause the agreement to bring it to the the ethical and the moral as well as the this issue time and again. As science floor was that we come to the floor, we scientific desire that I think a con- changes and moves forward, there will debate these three bills, and the debate sensus of this body has. be ways we can embrace, ethically and would be over for the year. Dr. Steven Stice is a noted re- rightfully, research that holds hope The debate will not be over. In fact, searcher at the University of Georgia. I and promise for those who suffer and if anything, this is probably the begin- had the privilege of meeting him last those who are afflicted. ning of a long debate as we deal with year. I have three times been to his My last comment is this. I was a real the ethics and the morality and the clinic at the university. Dr. Steven estate broker in my private life, before hope and the promise of science as it Stice is a man who understands the I came to Congress. I am not a doctor relates to stem cells—in particular, concern over the ethics of the destruc- and I am not a scientist. I have heard embryonic stem cells. tion of a viable embryo. So in the de- some declaratory statements on the When the President issued his order velopment of embryonic lines BG01, 2, floor about what research will and will in August of 2001, I supported it be- and 3, which were developed prior to not prove in the future. I didn’t just cause it invested in embryonic stem August of 2001 and are in operation at fall off a turnip truck. You do research cell research and it clearly drew the the University of Georgia today, those to determine what you are going to line in terms of how far we would go. I stem cell lines were derived from the find out, not just to predict what it have been supportive of the President’s byproducts of in vitro fertilization that will or will not do. policies on embryonic stem cell re- could not be implanted and could not As we go through this difficult, ten- search since. be frozen. uous debate over a subject of immense

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7606 CONGRESSIONAL RECORD — SENATE July 17, 2006 importance to the American people, Today the Senate is considering So while adult stem cells have prom- let’s look for ways that we can be re- three bills. The first of these, the Fetus ise—they certainly are not comparable spectful of human life and open the Farming Prohibition Act, certainly ad- to an embryonic cell—with its poten- doors for the furtherance of develop- dresses an issue about which I expect tial to become any type of cell in the ment in science in embryonic stem there is no disagreement in the Senate. body. And even if you could turn an cells. I submit there are ways to do No embryo should ever be conceived for adult stem cell into an embryonic stem both, and I will be here to work with the purpose of producing stem cells. cell—you have simply doubled the ob- the leader, with my colleagues, and That is not at issue. Nor does any rep- stacles and work required to reach with our President to unlock those utable scientist desire to work with your destination—which is a cure. That doors so that promise and hope exists human tissue produced in an animal. means millions of lives lost as you pur- and we never breach the ethical divide These prohibitions are not controver- sue a convoluted course. . . .when em- that caused the debate today. sial and I believe my colleagues will bryonic stem cells provide a far more I yield the remainder of my time and join me in supporting them. direct path to creating cures. suggest the absence of a quorum. In fact, 1 year ago this week, I joined That is why I am a sponsor of the The PRESIDING OFFICER. The with Senators FEINSTEIN, SPECTER, Stem Cell Research Enhancement clerk will call the roll. HATCH, and others to introduce the Act—H.R. 810—the third bill on which The legislative clerk proceeded to Human Cloning Ban Act to make indis- we will vote. Remember that we shared call the roll. putably clear another prohibition— hope for progress back in August of Mr. BROWNBACK. Mr. President, I that no human would be cloned. Nor is ask unanimous consent that the order 2001 when the President declared re- stem cell research about conducting re- search could utilize the stem cell lines for the quorum call be rescinded. search on embryos. then in existence. Yet scientists have The PRESIDING OFFICER. Without I do share with the majority leader found that many of the cells were con- objection, it is so ordered. the concern that we address the high- Mr. BROWNBACK. Mr. President, I est levels of ethical standards, and I taminated or otherwise unusable. In see the next speaker is here, and I yield have great confidence that with the part we know that even when a stem the floor. Federal Government playing a role in cell line is created, it cannot reproduce The PRESIDING OFFICER. The Sen- this research, we can bring such stand- indefinitely. So we must address how ator from Maine is recognized. ards to bear. we may obtain additional cell lines for Ms. SNOWE. Mr. President, I rise This is essential—that the Federal medical research. today to speak to an issue of tremen- Government be constructively engaged. I thank Senators SPECTER and HAR- dous significance to countless Ameri- The second piece of legislation con- KIN, and Representatives CASTLE and cans and to generations to come—the cerns stem cell research already sup- DEGETTE for joining together to work matter of stem cell research. I thank ported by the Federal Government. My to address the fundamental question of the majority leader for his tireless ef- colleague, Senator SANTORUM, has in- federal participation in embryonic forts to ensure consideration of stem troduced legislation—the Alternative stem cell research. The legislation cell legislation. The bottom line is, Pluripotent Stem Cell Therapies En- which they produced sets a very con- there is research we could be con- hancement Act, S. 2754—to promote strained set of circumstances under ducting today that could help us the use of ‘‘alternative stem cells.’’ which embryonic stems cells may be treat—and in some cases cure—some of These are typically ‘‘adult stem cells.’’ obtained in order to assure we can our most serious diseases. That is why These cells are already partly special- move this vital research forward with- two-thirds of Americans favor embry- ized, and have the potential to develop in an ethical framework. Never will an onic stem cell research and why I have into several kinds of cells. Yet they are embryo be created for research pur- cosponsored H.R. 810, the Stem Cell Re- not the same as embryonic stem cells, poses, nor does this legislation facili- search Enhancement Act. which can develop into potentially any tate such studies. The act assures that The promise of stem cell legislation kind of tissue. So their use is limited. an embryo may be used only when it lies in the simple fact that embryonic Cord blood stem cells are an example of would not ever be used for infertility stem cells have the unique potential to this type of cell, and they have cer- treatment. Donation must be vol- develop into any of the cells which tainly proven useful in treating some untary, under full informed consent could be needed to treat the multitude diseases. and no financial or other inducement of diseases from which Americans suf- I must note that no obstacles cur- may be given. fer. The vast potential of stem cell rently exist to the kind of research the therapy is key to many future therapy The fact is that fertility treatment Santorum bill addresses. Clearly, adult has allowed many to have families because in so many diseases, cells are stem cells have potential, and cer- lost and their function is often irre- whom otherwise could not. A con- tainly research on them should con- sequence of this remarkable therapy is placeable. Stem cells offer an oppor- tinue to be pursued. Yet by passing this tunity to actually replace cells which that some embryos are created which bill we do not open any new avenues to will not be used. I must note that are lost. our scientists. In fact, we can make Consider today that 20 million Amer- under the Stem Cell Research Enhance- them take a detour. This is why. ment Act, it will be the couple who icans live with diabetes. Despite treat- We know that in order to use embry- will—under no bias—decide whether ment with drugs and insulin, many ex- onic stem cells to make cells which can they will be used. This legislation fa- perience vision loss, injury to extrem- be used to treat a disease—like diabe- cilitates that donation. ities, heart disease and other complica- tes—scientists must learn how to make tions. For years, scientists have sought the cell become the right type. Today Americans who have faced fer- to find a cure. And today stem cells But an adult stem cell is actually al- tility problems are facing the question offer that potential to end dependence ready somewhat specialized, so one of what to do with unused embryos. In- on insulin, freeing millions from diabe- could not use them to produce many of definite storage is not truly an op- tes. the types of cells we need to produce tion—we know that we cannot main- In many diseases, there simply is not new therapies. Essentially, one would tain the viability of these embryos in- even a therapy to replace the function have to take such a stem cell and re- definitely. So given the choices avail- of lost cells. Brain disorders such as verse its development back to an em- able, some couples see the potential to Parkinson’s disease, ALS or ‘‘Lou bryonic stage and then begin the task help those suffering from serious dis- Gehrig’s disease,’’ and Alzheimer’s dis- to develop it into the specialized cell ease. It assures that this gift can be ease have only limited treatment op- required. It is as if you were driving given and used to help medical tions available. We simply cannot re- down an interstate on a trip, took an progress. place the function which is lost. But exit, made a few turns, and then de- I believe many Americans who have with new therapies derived from stem cided to back up in reverse all the way undergone fertility treatment and real- cells, we could see major break- to the interstate in an attempt to try ized a gift of life in their families will throughs in avoiding the terrible toll another destination. This is not the opt to save lives through a donation that millions now experience. way to get where you are going. which promises to save many lives. But

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7607 it must always be individual con- I want to point out in a little dif- that any stem cell, even adult or cord science that is the determinative fac- ferent format to my colleagues that blood, and even more unlikely embry- tor—and I respect the views and con- when we talk about direct areas of onic or cloning, would deal with the science of each and every individual on being able to get treatments—we cov- area of Alzheimer’s. this matter. ered this some today—this is a little The only reason I mention that is I There can be no doubt that stem cell bit of a different presentation and a lit- think we need to try to be very accu- research will move forward. The real tle more directly related to where we rate in our debate in saying what is a question is whether our Nation will be are getting treatments in this field, good possibility and hope and what is engaged . . . whether our scientists which is in the adult stem cell field. not. That one would be unlikely. Par- will realize the breakthroughs . . . Here are some of the various areas kinson’s we have a good shot at in the whether we will produce the treat- where we get direct treatments. adult stem cell, and we have some ments. Or whether those developments The area of embryonic research, early treatments already showing some will draw our best minds and new med- while interesting and intriguing, is not promise in that particular field. But I ical investment abroad, where Amer- producing any results. It is not pro- don’t think it is wise that we bring ican vision and oversight will not influ- ducing any cures. We are getting direct that up in that particular instance in ence the future of medicine. results from the adult, and we are not the case of Alzheimer’s. I think it is I believe in stem cell research. More getting the formation of tumors in the important that we be very clear about than 70 percent of the American people adults. This area is working. what this is and what will work and believe in stem cell research. I believe I also point out this is at no cost. what will not. in it because I cannot look at a person People say these are embryos and we The other thing I want to make men- suffering from a debilitating, and even are throwing them away. You look at tion of when we are talking about fatal disease and support prohibitions that. And I had this morning in my of- cures for things in this field is let us which impede ethical research aimed fice and at a press conference three talk about areas where we have real at alleviating of that suffering. That is snowflake babies. These are all babies scientific prospects of getting this done why I joined with my colleagues in the who were in in vitro fertilization clin- in the adult field. In the embryonic, as Senate in urging President Bush to ics, were not going to be implanted by we have said for some period of time, it ease the current restrictions on the use the natural parents, were given up for is unlikely to produce any sort of di- of stem cells so that research can move adoption. They are here now, and they rect benefit to patients any time in the forward and lives could be saved. That are beautiful and they are wonderful. near future. That is according to sci- is why I am a sponsor of the Senate They are absolutely precious. entists who are pro embryonic stem version of this legislation introduced This isn’t some sort of throwaway cell research. We can do more research by Senators SPECTER and HARKIN. It is commodity. I point out to people that in this field. There is some under- why I urge my colleagues to give that if you are one of those individuals who standing from the presentation of the bill their support. This is the bill which have frozen embryos—the number I Senator from Georgia talking about will make a difference. I urge the hear is that 1 in 10 people in the United other areas to derive embryonic type of President to reconsider this issue, and States suffer from infertility problems. stem cells. That is something we can urge his support. Hopefully he will not There are a lot of people who would do. The scientific community is pro- veto this legislation because ulti- want to and do want to implant these ducing more and more results in that mately the alternative is to accept the frozen embryos and give them the nur- particular area which I think are quite status quo. The status quo is not right turing they need to become humans we helpful and quite promising for us. It for those suffering from these diseases would all recognize. I hope people will removes the ethical dilemma on this. and for future generations who will. look at that. It would be deriving embryonic type I think back to President Reagan’s My other point is on President stem cells but without destroying em- passing 2 years ago, and remember the Reagan, who certainly was an inspira- bryos. outpouring of concern we all had for tion for me to get into public office, We are coming up with this along our former President, and the First and had a beautiful winsomeness about with the stem cell line. People are Lady and their entire family. We spoke his presentation of truth. He was a fab- coming up with this in other fields. much of the tragedy of Alzheimer’s ulous individual. President Reagan was There is no reason to go into the eth- Disease and how we must do more to pro life. President Reagan did not and ical area—the question of destroying alleviate the suffering. Nancy Reagan would not agree with the destruction of human life with taxpayer dollars to be inspired us all with her courage—and young human life. In fact, he said at able to get that done. I think it is im- inspires us no less in her call for re- one point in time, if there is a doubt portant that we point out those par- search which could alleviate the suf- fering from so many diseases. Her re- about whether it is a life, if somebody ticular areas in this bioethical debate. One of the bills we will be voting on cent words call out to us, ‘‘A lot of was dying and there was a doubt about is an alternative bill. I talked about time is being wasted . . . A lot of peo- whether they are dead, you wouldn’t the fetal farming bill. I hope that ple who could be helped are not being put them in a casket and bury them. passes 100 to zero so we can ban fetal helped.’’ You would give them the benefit of the I cannot think of a more significant doubt. You would say, Well, let us farming. A lot has been talked about living memorial to our former Presi- work to bring them back. on H.R. 810, which is expansion of the dent than to allow more research to be The same on the young end—if there stem cell lines using embryos and Fed- done in order to find new cures for dis- is a question, you err on the side of eral taxpayer dollars to do that. eases affecting millions of people. life. You treat this as life. There is a What has been talked about less is Today I ask my colleagues to con- kind of common sense about it. this area of the Santorum-Specter bill sider allowing individuals—who have President Reagan was pro life. He which would create embryonic type through modern medical science, en- fought for pro-life issues. He would not stem cells without destroying embryos. joyed a gift of life, to contribute to want to see us destroy one human life Here is a way for people, if they are saving other lives. That is exactly for the benefit of another. troubled about the ethics of destroying what H.R. 810 does, and that is why we A final point in this area: President a young human—I really do not want must send this bill to the President Reagan suffered Alzheimer’s disease. to do that, but you think there is a and he must sign it. Alzheimer’s is, as I understand it being promising area of inquiry on these em- The PRESIDING OFFICER. The Sen- explained to me, a plaque disease on bryonic type stem cells and you are ator from Kansas is recognized. the brain material. It is highly un- looking at this saying, Yes, it is not Mr. BROWNBACK. Mr. President, likely it is going to be treated with producing cures or results right now, how much time remains on our side? stem cells. Parkinson’s is an area but it might in a decade or two, so I The PRESIDING OFFICER. There is where we have adult stem cell treat- would like to see this pursued—here is 8 minutes 30 seconds. ment—a different type of disease. But an ethical alternative for you to pur- Mr. BROWNBACK. Thank you very the disease President Reagan fell to sue. You don’t have to say, Let’s de- much. was Alzheimer’s. It is highly unlikely stroy this young human life. You can

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7608 CONGRESSIONAL RECORD — SENATE July 17, 2006 say, Let us go with the alternative The Senator from Kansas also has a There is nothing in this bill, and I here where we are finding scientifically list that included several leukemias challenge anyone to show me in H.R. that we can derive these types of stem and lymphomas. Let’s hear what 810 where it provides for the destruc- cells without the destruction of human George Dahlman of the Leukemia and tion of any embryos; it does not. To life, embryos. If you like this field of Lymphoma Society has to say about say otherwise is being disingenuous. inquiry, I raise a question about em- that. The Dickey-Wicker amendment still bryonic stem cells because we have in- On behalf of the Leukemia & Lymphoma applies. No Federal money can be used vested $.5 billion in animal and human. Society, I am writing in response to asser- for the destruction of embryos, plain We don’t have any applications for it tions that adult stem cells have treated or and simple. today, but if you are still saying we cured several blood cancers, including sev- I see my colleague from Illinois is still ought to invest in this field be- eral leukemias, lymphomas and multiple here. I yield the floor. myeloma. cause it might produce something, it As a representative of more than 700,000 Mr. DURBIN. I thank the Senator might produce something big, you have patients and their caregivers in this country from Iowa not only for yielding but an alternative which you can vote for that battle blood cancers on a daily basis, also for being the leader on our side of in this Santorum-Specter alternative our organization would like to emphasize as the aisle on this issue, with Senator bill, and say, We want to pursue the the Senate debates H.R. 810, the Stem Cell SPECTER on the Republican side. I am science in this particular field. That is Research and Enhancement Act, that we glad this day has finally come. This an area and a possibility that could exist today because we have not found cures matter has been on the calendar for for these devastating diseases. Furthermore, work and we can and should, I think, the claim that treatment of blood cancers over a year. pursue. I think it would be a good al- with cord blood, blood or marrow stem For over a year, millions of Ameri- ternative for somebody who is in that cells—known as hematopoietic stem cells— cans have been wondering when the type of quandary about which way to demonstrates the potential of ‘adult stem Senate will take this up. Finally, it has pursue this. cell’ research or is a substitute for embry- been scheduled. A lot of people outside I will have further comments later on onic stem cell research is misleading and dis- this Chamber had a lot to do with it this evening. I don’t want to take up ingenuous. being scheduled. First Lady Nancy the other side’s time. I yield the floor. Mr. Dahlman concludes: Reagan stood up and spoke up when she I suggest the absence of a quorum. The Leukemia & Lymphoma Society asks saw the late President suffering from The PRESIDING OFFICER. The that you and your colleagues pass H.R. 810, Alzheimer’s. Her voice has made a dif- clerk will call the roll. and not accept any substitutes. ference. I salute her for that. Chris- The legislative clerk proceeded to All in all, according to the science topher and Dana Reeve, both gone now, call the roll. journal, only nine diseases of the 65 ex- in their lifetime, the dedication and Mr. HARKIN. Mr. President, I ask amined have proved to even respond to energy they put on this issue made all unanimous consent that the order for treatment with adult stem cells. the difference in the world. the quorum call be rescinded. The authors of the analysis conclude There are three votes tomorrow. The PRESIDING OFFICER (Mr. that claims about stem cells being in There is only one that gets to the heart ISAKSON). Without objection, it is so or- general use for 65 diseases are false. of the issue. There are some that are dered. Such claims ‘‘mislead lay people and going to address a lot of different Mr. HARKIN. Mr. President, we are cruelly deceive patients.’’ issues from different perspectives, but awaiting the arrival of a Senator on Again, we are going to hear a lot of our side to speak on the stem cell talk about all we can do other than there is only one that counts when it issues. Until that happens, I will take a embryonic stem cell research. This comes to stem cell research. The Stem couple of minutes to talk about some- should not be a debate about whether Cell Research Enhancement Act is the thing my friend from Kansas brought we do adult stem cells, cord blood, or only bill that expands Federal funding up earlier today about adult stem cell all these other things. They are all for embryonic stem cell research, the treatments. worthy of research. type that holds out so much promise. I am reading a letter from Those that are for adult stem cell re- The other two bills are well inten- Scienceexpress, a publication of search, cord blood, bone marrow re- tioned. I am not going to say anything Science magazine. It is entitled, search, that type of thing, all say they negative about them. I will vote for ‘‘Adult Stem Cell Treatments for Dis- want to do that to the exclusion of em- them because, frankly, they make lit- eases?’’ bryonic stem cells. Those who are in tle or no difference. One of them bans Opponents of research with embryonic support of H.R. 810 say let’s do them all practices that presently are not being stem (ES) cells often claim that adult stem and do them all in an ethically accept- used. I guess that is a good thing to do. cells provide treatments for 65 human ill- able manner. I will vote for that bill. nesses. The apparent origin of those claims Again, we have strong ethical guide- The other one, by Senator SANTORUM is a list created by David A. prentice, an em- lines. One, we do not create any em- of Pennsylvania, won’t accomplish ployee of the Family Research Council who bryos with this bill. You can only use much. This was the question I asked of advises U.S. Senator Sam Brownback (R–KS) Dr. James Battey of the National Insti- and other opponents of ES cell research. the embryos that are already existing Prentice has said, ‘‘Adult stem cells have in IVF clinics that are left over that tutes of Health about the Santorum now helped patients with at least 65 different will be discarded. Second, we must bill: Can you tell me whether S. 2754 human diseases. It’s real help for real pa- have written informed consent of the authorizes research on stem cells at tients’’. On 4 May, Senator Brownback stat- donors. Third, no one can get paid; no the NIH that currently is not permis- ed, ‘‘I ask unanimous consent to have print- money can change hands. You cannot sible or legal? ed in the Record the listing of 69 different entice someone to donate these em- He answered: No, it does not. human illnesses being treated by adult and So it does not give new authority to cord blood stem cells’’. bryos with money. We have strong eth- In fact, adult stem cell treatments fully ical guidelines. NIH, and it does not expand research. tested in all required phases of clinical trials Lastly, I have heard comments today It has some motive other than medical and approved by the U.S. Food and Drug Ad- time and time again about how this for being offered. ministration are available to treat only nine bill, H.R. 810, involves the destruction William Neaves, a leading stem cell of the conditions on the Prentice list, not 65. of embryos. I challenge anyone to show researcher, has it right: Again, it exposed most of these as me where in H.R. 810 it provides for the This is not a contest between adult stem kind of being bogus. One of those listed destruction of any embryos. Under the cells and embryonic stem cells. Instead, it is was testicular cancer. Testicular can- Dickey-Wicker amendment that is now a contest between society and disease. cer is not being treated with adult existing, no Federal funds can be used I have listened to some of the argu- stem cells, at least not successfully. In to destroy embryos. All H.R. 8l0 says is ments in the Senate. Some of the argu- fact, according to the Sciencexpress ar- that once stem cells are derived ments are that adult stem cell research ticle, the study that is supposed to be through private means or whatever, has great potential. I believe that is the basis for that claim is actually a then Federal funds can be used to go to true. I believe we should pursue it ag- study on how to isolate adult stem universities or to other researchers to gressively. However, the argument cells. study these embryonic stem cells. seems to be that if that is the case,

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7609 then we do not have to concern our- basically said we were going to cut off Cell lines offer scientific opportunities that selves with embryonic stem cell re- Federal funding for those who were in- are right now beyond the reach of federal search. volved in embryonic stem cell re- funds. I am a liberal arts lawyer and do not search, except for a limited number of Other things have changed since profess to know about medical re- lines. He identified 78 stem cell lines on President Bush’s decision in 2001 as search, but why foreclose a whole area the day of his speech and said that sci- well. We have learned more about the of research with embryonic stem cells entists who received any Federal fund- potential of stem cell research. Dr. that the greatest minds in America tell ing at all could work only on those John Kessler is the chair of the neu- us is so promising? Why wouldn’t we do stem cell lines. rology department at Northwestern both, both adult stem cell research, as As Senator HARKIN has pointed out University Medical School in Chicago, well as embryonic stem cell research? over and over, not only were the 78 which I am honored to represent. He is From that point of view, I cannot fol- lines reduced to 22, they are all con- also the father of a 20-year-old daugh- low the logic in opposing this bill. taminated. They cannot be used for ter who is paralyzed as a result of a Former Senator John Danforth is an- this research anymore. So President spinal cord injury. He told me person- other person who has thought about Bush is not offering any hope when it ally that he finds the current adminis- this issue. I respect him a lot. He is an comes to this area of research. I do not tration policy ‘‘unconscionable’’ in light of everything we have learned ordained Episcopal minister and a want to get into the moral argument since 2001. longtime opponent of abortion. Like here because it is almost religious. It is H.R. 810—the real bill, the one that is moral and theological here. But if the tens of millions of Americans, he important, and the one that will make President could rationalize 78 stem cell comes from a family that knows the the difference—would loosen the hand- pain of disease. He lost one of his lines as being appropriate and all right cuffs on America’s scientists. It would brothers to Lou Gehrig’s disease. He for research, then he has fundamen- allow scientists to receive Federal wrote this in the St. Louis-Post Dis- tally decided the research is permis- funding to use embryonic stem cell patch: sible, I suppose. I do not follow his lines in their research if—and only if— A choice between two understandings of logic. And I do not follow the logic of two very specific conditions are met. human life. On one hand, we have millions of some who oppose it who say that be- First, the stem cell lines must be de- people who suffer from ALS, Alzheimer’s, ju- cause this is a product of in vitro fer- rived from eggs that were produced for venile diabetes, Parkinson’s, spinal cord in- tilization and has the potential for life juries and cancer—and the loved ones who in vitro fertilization but are going to that we should not do research. We be discarded. The choice is research or care for them and suffer by their sides. On know that in that process, some of the other hand, we have tiny bundles of destruction of these potential means of unfertilized cells existing in petri dishes. these fertilized eggs will end up being creating medical opportunities. Sec- implanted in the womb of an expectant He went on to write, the people who ond, both adults to whom the eggs be- mother in the hope she becomes preg- oppose stem cell research: long must provide written consent that nant, and others will not be used. It is the eggs be donated to science. should explain to the afflicted and their the nature of the process. They make loved ones why they care more about those It is estimated 400,000 excess eggs are cell bundles than they do about the people. more of these fertilized eggs than they being stored now in clinics around the will need in the hopes that one will This Stem Cell Research Enhance- country, stored in petri dishes at 300 work. degrees below zero. Opponents of this ment Act has been supported by so Then what happens to the rest? Well, many groups. I ask unanimous consent, research say it is unethical to use them they are going to be discarded. They for research. But if they are not used, Mr. President, to have the names of are not used to find cures for diseases. they will be destroyed. How in the some of those groups printed in the But for those who find it immoral to world can that be the right ethical, RECORD. use the product of that process for moral choice to destroy the oppor- There being no objection, the mate- medical research, I still am troubled by rial was ordered to be printed in the tunity for research to cure disease? the notion that they have not come to I see my colleague from Washington RECORD, as follows: the floor asking that we ban in vitro is here, and I know she wants to speak. WHO SUPPORTS H.R. 810 fertilization, because we know that is a I will close by saying this: I have met The Stem Cell Research Enhancement Act natural consequence of this process. some of the children who are victims of is supported by more than 200 patient groups, And if it is permissible and moral and juvenile diabetes. I guess it comes scientists and medical research groups. They legal to have a process which results in home personally when you sit down include: American Medical Association, American Association for Cancer, American these extra cells, I do not understand with these kids and their mothers, and Diabetes Association, Juvenile Diabetes the moral question about using these the mothers say: I wake my daughter Foundation, American Pediatric Society, fertilized cells to give people a chance up twice in the midst of the night to March of Dimes, the ALS Association, Par- to live and to live their lives better. I take a blood test to see how she is kinsons Action Network, Alzheimer’s Asso- just do not understand that. doing. Think about that for that poor ciation, Parent Project Muscular Dystrophy, To measure the impact of President little girl being awakened twice each Kidney Cancer Association, Coalition for Bush’s policy, Stanford University night. And think about the mother and Pulmonary Fibrosis, and the Society for looked at peer-reviewed research pub- her worries that that little girl, who Neuroscience Research. lished in scientific journals. They she loves so much, may go blind or lose Mr. DURBIN. I would say that all of found that embryonic stem cell re- a limb or die. And think about the hope the big names in medical research in search in the United States made up they have in their hearts that this re- America support this bill. They under- one-third of the papers published in search will go forward. stand this is the real deal. This is the 2002 but only a fourth of those pub- I have met the victims of ALS and di- bill that will make a difference. The lished in 2004. Research is slowing abetes and Parkinson’s and Alz- other two may not. down. President Bush’s decision is re- heimer’s. I know they are praying we Among the other groups supporting ducing the number of opportunities for do the right thing tomorrow. I hope we the Stem Cell Research Enhancement embryonic stem cell research. pass this bill. I am not certain it will Act are the Republican Main Street The world’s best and most respected pass, but I am hopeful it will. It will Partnership, the B’nai B’rith Inter- scientists—our own NIH leadership— have strong support on this side of the national, and a long list of people rep- tell us that this area of scientific re- aisle, and I hope there will be enough resenting religious organizations from search could lead to treatments and votes on both sides of the aisle to enact almost every denomination in Amer- cures. Dr. James Battey chairs the NIH it. Then the bill will go to President ica. working group on stem cells. This is Bush, and he will have a moment in the Why do we need this? We need it be- what he said before the Senate Labor, history of this country to make a mo- cause President Bush decided in 2001 to HHS Subcommittee: mentous decision. If he decides to go take a position on medical research. I There’s no scientist that I know who would forward and veto the stem cell research do not think there is a precedent in argue that more stem cell lines wouldn’t ac- bill, it will be the first veto of the Bush American history for what he did. He celerate the pace of scientific research. . . . Presidency.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7610 CONGRESSIONAL RECORD — SENATE July 17, 2006 President Bush described himself po- tonians living with Parkinson’s disease research. So researchers in my State, litically when he ran for office as a today, understanding what embryonic in the State of Washington, say that compassionate conservative. His deci- stem cell research can do for them is of Federal funding would increase re- sion on the future of this bill will be utmost importance. search opportunities and allow sci- the test of his compassion. If he has We also have 300,000 Washingtonians entists to use that money much more compassion for those who are suffering who have been diagnosed with diabetes effectively. across America, who are praying for who, obviously, are very interested in In March of 2006, the University of the hope this research can bring, I hope this legislation. We have 160,000 Wash- Washington announced that because of he will pray over his decision long and ington State residents who struggle Federal funding restrictions, it would hard. And if we pass this bill, I hope he with heart failure and understand seek to establish a stem cell institute will sign it and give these Americans a there is so much that could be done in with private money and, instead, looks chance for a better tomorrow. this particular area of research. We to raise $100 million in private funds to Mr. President, I yield the floor. have 5,000 Washingtonians who suffer help it move forward. The University of The PRESIDING OFFICER. The Sen- from spinal cord injuries. So there are Washington plans to reflect the intense ator from Washington. people all over our State with various competition it faces from other univer- Ms. CANTWELL. Mr. President, I medical challenges who are looking to sities around the country that are join my colleagues on the floor to us to make the right decision and to boosting their research into stem cells speak about H.R. 810. I applaud the allow critical research to give them which have permitted them to treat a Senator from Illinois for his comments promise for opportunity in the future. variety of diseases. So the competition because I know he has many fine re- At the Fred Hutchinson Cancer Re- will continue. But we could be working search institutions in his State and has search Center—I know my colleague together in a much more collaborative met with many people who suffer from from Iowa has visited the Fred Hutch- fashion, in a way that would help us a variety of diseases who could be inson Research Center—they are apply- extend the scope of that research. helped if H.R. 810 is passed and signed ing groundbreaking science and using It is very important because so many by the President. So I commend him adult stem cells to treat blood cancers of those involved in this particular for his remarks. such as leukemia, lymphoma, and var- area believe passionately we need this I certainly thank the Senator from ious other diseases. They are also look- new area of expansion. One of those in- Iowa for being out here all afternoon ing to do the same for kidney cancers. dividuals, Dr. Storb of the Fred Hutch- talking about the importance of this The Benaroya Research Institute at inson Cancer Research Center in Se- legislation and trying to communicate Virginia Mason in Seattle is working attle, recently said this: how important it is that H.R. 810, the with stem cells on a collaborative 5- We have exhausted research on adult stem legislation that focuses on embryonic year project to grow a living heart. The cells. They do not do the trick. We have stem cell research, be passed and effort could lead to tissue-engineered worked with them for 30 years now and know signed by the President. replacement hearts, and it means that that they do not make all of the tissues in the body. I also want to say I know the Senator could help us with various challenges from Kansas has been out here, and I in that particular area of health care. He further went on to say: have enjoyed working with him on a The University of Washington, which If the public wants cell-based therapies, variety of pieces of legislation, particu- is in Seattle, boasts 70 scientists in- then we must conduct that kind of stem cell research. We may learn more from embry- larly legislation that dealt with inter- volved in aspects of stem cell biology onic cells how to program adult cells, but we national marriage brokers, trying to addressing everything from liver dis- have to work with embryonic cells to do just protect women who come to America, ease to coronary heart disease. Three that. making sure they got full information years ago, the NIH named the Univer- So this Congress, I believe, must not about people who were helping them sity of Washington one of the three ex- stand in the way of science. We have apply for visas before they come to the emplary centers for human embryonic three bills we will vote on tomorrow, country. So I certainly have enjoyed stem cell research. But in the last 5 but only H.R. 810 actually clears the working with the Senator from Kansas years, since President Bush banned the way for critical research that could on other legislation. funding for embryonic stem cell re- lead to cures for so many debilitating But I wish to say I think it is impor- search, it is as though our Nation has diseases. tant we focus our debate on H.R. 810— turned its back on that science and There is no viable alternative to im- an important bill on embryonic stem that work that could be done, and I am proving the research and serious in- cell research—in the context of sure not just in Washington State. But vestments that I believe H.R. 810 will science, because I believe Congress that is a representative example of provide. When we are talking to Ameri- must not stand in the way of science. I what could be done if we moved for- cans who suffer from diseases such as think tomorrow’s vote is exactly what ward. Alzheimer’s, Parkinson’s, and others, I that is about. So I want to be clear It is important we continue to move think it is important, as my colleague that I support that legislation and will forward by passing H.R. 810. The truth from Illinois stated, that we must keep work to overturn any attempts to veto is that right now adult stem cells do in mind the stories of individuals. this legislation. not have anywhere near the scientific Mr. President, one such individual is Like my colleagues, I have met these potential as embryonic stem cells. a 4-year-old who died of brain cancer. Americans who for too long have want- Their application is limited. Their Her mother wrote to us saying how im- ed to have hope. They have waited to reach is finite. And we do have a better portant this bill was in holding oppor- have real hope that there would be a option. Allowing federally funded re- tunities for other people in other fami- lifesaving stem cell research program. search on embryos that would other- lies who suffer from brain cancer. To Many Americans believe we can do bet- wise be destroyed would provide a me, it is so important that we pass this ter. We know there are 3 million Amer- much-needed expansion. Everything legislation and help those individuals icans who need help, and we under- from eradicating, in our past, polio to and families who are suffering by giv- stand that by investing today we can mapping the human genome, our Na- ing them hope for promising research save lives tomorrow. We understand, tion has been a leader and an innovator that we know science can provide. for Americans who suffer from Alz- in science and medicine. So let’s not I yield the floor. heimer’s or ALS or Parkinson’s dis- fall behind now. Just as we are chal- The PRESIDING OFFICER. The Sen- ease, it really does mean hope and a lenged with so many of these diseases, ator from Iowa is recognized. new way of looking at opportunity for we need to do more. Mr. GRASSLEY. Mr. President, them. Of the original 78 stem cell lines the today, as everybody is doing, I want to We will have a debate about this con- administration permitted scientists to discuss the three stem-cell-research-re- tinuing today and tomorrow. But we work on, only 21 are available today. lated bills before the Senate. I have need to keep in mind it is good science Lab scientists must turn to private in- been in the Senate for 26 years now. that is at question. For us in Wash- vestors and already struggling State Every day, we make decisions that im- ington State, with 35,000 Washing- governments to carry on this critical pact Americans. It becomes difficult,

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7611 however, when we debate bills that in- cells from the nose can develop into through the National Institutes of volve the lives of women and families, heart cells, liver cells, kidney cells, Health. Every year, hundreds of advo- especially those who are sick and muscle cells, brain cells, and nerve cates come to my office to say that $30 dying. We must be cognizant of their cells. Bone marrow stem cells and stem billion is not enough. They say these plights, but we cannot forget about cells from fat have the ability to dif- funds are important to continue re- those who don’t have a voice. ferentiate and form other body tissues. search and trials that are already Tomorrow, I will vote in favor of I wish I could list the advances with started. So what would happen to those those who are not yet brought into this embryonic stem cell research, but I arguments if there was a higher pri- world. I will vote for those who don’t cannot; there are none. There are no ority placed through passage of H.R. have a chance to speak against legisla- treatments for human patients. So 810? Will we have to double the budget tion that doesn’t give them a chance at there is no evidence on which to argue again for NIH like we did between 1998 life. that this research should be expanded and 2003? I don’t think that is possible First, I intend to support S. 3504, the with public resources. given that was already done starting in ban on fetus farming. This bill states I have a story about a person that I the year 1998. So it makes me wonder that a person cannot solicit or know- have known for 44 years, David Foege. whether we are prioritizing the use of ingly acquire, receive, or accept a do- I have known him since he was a page Federal research dollars through the nation of fetal tissue or an embryo if at the Iowa State Legislature back in National Institutes of Health the way the pregnancy was initiated to provide 1962. He is originally from Waverly, IA, we should. such material. This bill will reduce the so even though he lives in Florida, I We don’t have an infinite amount of likelihood that women will be used still consider him a constituent. There Federal funding. We cannot pretend solely for their production of embryos. is evidence, then, through Dave Foege there is enough money to go around. We have to draw the line, and we have that we should continue supporting We do have to prioritize. So I urge my to prevent the corruption that could adult stem cell research. colleagues to realize that Congress can occur. Just 2 weeks ago, I had an oppor- only disburse so many funds. We can Second, I intend to support a bill tunity to meet with David, who is now only fix so many problems. Therefore, numbered S. 2754, which directs the Na- 61 years old and living in Florida. This we need to think rationally. We need to tional Institutes of Health to fund al- is the story he told to me. David was make tough choices. One of those ternative techniques for stem cell re- given a life sentence because of heart tough choices might be to pursue what search. It will allow researchers to use failure. Three years ago, David was is proven to work, which is greater use different techniques to derive told that he had little chance of sur- of adult stem cells. The right choice, pluripotent stem cells without destroy- viving. His heart was losing all func- then, is to invest in what works. Let’s ing human life. This research could be tion and there was little that doctors keep the ball rolling with research that done under current law, but a vote in could do. David then turned to stem has been proven. support of this bill will send a signal to cell therapy. He found doctors in Bang- Mr. President, I yield the floor. the NIH that we want to see even more kok that would harvest his own stem The PRESIDING OFFICER. The Sen- of this research. cells and then inject them back into ator from Texas is recognized. Finally, I will oppose H.R. 810 be- his own heart. His own stem cells—his Mrs. HUTCHISON. Mr. President, I cause it would expand Federal funding adult stem cells, not embryonic stem ask unanimous consent to have 5 min- for embryonic stem cell research. cells—cured him. His heart function utes to talk as in morning business re- Some of my colleagues will charac- has improved by 70 percent. David is garding the resolution that will be on terize the bill, H.R. 810, as a lifesaving alive and well, playing golf, and cur- the Senate floor later tonight or to- opportunity for many people with dis- rently taking a cruise in Belize. With- morrow regarding condemning eases. The focus will be on promises, out adult stem cell therapy, David Hezbollah. hopes, and dreams. This focus dis- would not be here. The PRESIDING OFFICER. Is there regards that this bill will allow re- Embryonic stem cell research, on the objection? Without objection, it is so searchers to use and abuse embryos. contrary, has not yielded this kind of ordered. The Senator from Texas is rec- And there are enormous moral and eth- success that we have from adult stem ognized for 5 minutes. ical consequences associated with that cells. It makes sense to direct public (The remarks of Mrs. HUTCHISON are research. resources to what works. Prioritizing printed in today’s RECORD under You cannot mess with the facts. An resources: It makes sense for public re- ‘‘Morning Business.’’) embryo is life. No Senator can disagree sources to help those with heart dis- Mrs. HUTCHISON. I yield the floor. with that assertion. Once you realize ease, the No. 1 killer in the United The PRESIDING OFFICER. The Sen- that fact—that an embryo is life—you States. It makes sense to encourage re- ator from Ohio. have to realize that this bill takes life search that will work for those with Mr. VOINOVICH. Mr. President, I and plays with it. Parkinson’s, diabetes, cancer, and rise today in support of legislation to In addition, this bill doesn’t prohibit autoimmune diseases. Why would we expand the Federal investment in adult cloning. In fact, it will make cloning want to desert patients in the United and umbilical cord blood stem cell re- even more attractive. Why would we States by spending dollars on research search, as well as scientific ways to want to go down this road of unethical that has not been proven? create embryonic stem cell lines with- research when we have a method that I will oppose H.R. 810 not only be- out destroying human embryos. already works? cause of the ethical consequences but It is important to point out that We all know that adult stem cell re- because it doesn’t prioritize our use of there are two very important cat- search has proven effective. We are in- fiscal resources. egories of stem cells. I know that my vesting the taxpayers’ money in re- Let’s be clear. There is no current colleagues are going to have a little search that benefits the American peo- policy in place that bans embryonic difficulty with this because I have had ple. We in Congress have to realize that stem cell research. Everybody knows difficulty with this. This is medical there is a difference between hope and that we are doing some through the terminology. hype. I, for one, will not be misled. Federal Government because, being The first, embryonic stem cells, as Adult stem cells have already proven perfectly legal in the United States, their name suggests, are derived from effective for over 72 treatments. I will President Bush, in 2001, allowed tax- human embryos developed from eggs not list them all, but some of them re- payer dollars to be used for that re- that have been fertilized in an in vitro late to adult stem cells being used to search. This debate in the Senate today fertilization clinic. Removing stem treat brain tumors, multiple sclerosis, and tomorrow is not whether we want cells from these embryos destroys their arthritis, and Parkinson’s disease. Pe- to ban or allow research, it is whether potential life, making their use very ripheral blood stem cells have treated we want to spend our dollars on em- controversial and something I cannot testicular cancer, lymphoma, and bryo creation and destruction. morally support. breast cancer. Cord blood stem cells Today, the Congress appropriates On the other hand, adult stem cells have treated leukemia. Olfactory stem nearly $30 billion for medical research are undifferentiated cells found among

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7612 CONGRESSIONAL RECORD — SENATE July 17, 2006 differentiated cells in tissues or organs. that, human hair follicles—which, like motorcycle accident. She was a moun- Adult stem cells can renew themselves embryonic stem cells, express neural tain climber, she was a skier, she was and will eventually differentiate into a crest and neuron stem cell markers, as a runner. She was told by all of her special cell. However, before this oc- well as the embryonic stem cell tran- doctors that she wouldn’t be able to curs, the undifferentiated stem cells scription factors. run again, that she would have to hob- can be gathered by scientists without In other words, what we are saying is ble around. She went to the Cleveland any harm to the individual. that they produce the same thing we Clinic, to the regenerative center, and Also included in this ethical category would get if we were using the embryos as a result of using her stem cells, they of stem cells are those from umbilical that so many are anxious to use. were able to repair the problem that cord blood derived from the placenta of I was introduced to the promise of she had in her leg. a newborn baby. With the birth of my adult and umbilical stem cell research Today she is running. I am getting seventh grandchild last summer, I by experts at the National Center of goosebumps right now. I will never for- learned a great deal about the benefits Regenerative Medicine in my home- get it. She started to cry. She hugged of preserving cord blood stem cells. town of Cleveland, OH. The individual her doctor. We all started to cry. It was Once considered medical waste and dis- institutions involved in this partner- a miraculous thing using adult stem carded after birth, science has deter- ship—Case Western Reserve University, cells. mined that cord blood has the poten- University Hospital, and the Cleveland As a result, I support the legislation tial to save thousands of lives. Clinic—each bring an expertise to the introduced by my colleagues from And that is exactly why I came to center that is leading the Nation in the Pennsylvania, the Alternative the floor today, to explain these dif- use of nonembryonic stem cells to re- Pluripotent Stem Cell Therapies En- ferences and to highlight the un- generate new tissue and diseased or- hancement Act. The bill would require matched value of adult and cord blood gans rather than using drugs or devices the Secretary of Health and Human stem cells. to improve the function of the organ. Services to develop techniques for the By the way, when I found out about The National Center for Regenerative isolation, derivation, protection or the umbilical cord blood coming from Medicine team has told me that they testing of stem cells not derived from a the placenta, we are now freezing that are interested in the rapid translation human embryo. umbilical cord, and each year we will of adult and umbilical cord stem cell The bill would also require the Sec- pay some money to maintain it. But technology into patients that is not retary to prioritize stem cell research that umbilical cord can be used to help possible today with embryonic stem that will reap near-term clinical bene- my seventh grandchild or, for that cells. fits. It is my hope that this type of matter, the whole family. It is some- Since 1976, investigators at the cen- progress will help eliminate the con- thing more people should find out ter have studied nonembryonic stem troversy surrounding embryonic stem about. cells and performed their first stem cell research without any compromise I am concerned that the vast major- cell transplant as early as 1980. That is of scientific advancement. ity of Americans are unaware that back in 1980. Investigators at the cen- I have the greatest sympathy for pa- some of the most promising advances ter are now able to cure leukemias and tients and their families who continue in medical research and treatment lymphomas with nonembryonic stem to struggle with a wide range of pain- today are not attributed to embryonic cell transplantation, as well as to fix ful, life-ending diseases. Further, I un- stem cells; rather, they are the result unstable bone fractures and treat ge- derstand what it is like to watch a of noncontroversial, nonlife-ending use netic disorders. loved one suffer and the tragedy of los- of adult and umbilical blood cord cells. In the next several years, investiga- ing a member of your family, even a Unfortunately, many of the individ- tors at the center believe they will be young child, to a life-ending disease. I uals who support embryonic stem cell able to address cancer, bone, heart, and personally lost my father to diabetes research have been kept in the dark neurological disorders with nonembry- and my nephew C.T. to bone cancer. I about the advances of umbilical and onic stem cell treatments. They are have been a witness to the devastating adult stem cell treatments and have hopeful that the new advances will lead effects of Alzheimer’s, arthritis, and been oversold on embryonic stem cell to treatment of degenerative arthritis, many other diseases. research, which is still in its infancy. will decrease the severity of graft One can hardly take issue with these While embryonic cells have never versus host disease after stem cell individual efforts to seek out a poten- been successfully used to treat even transplantation, and allow physicians tial cure, but too often, I fear, pro- one disease—not used to treat one dis- to use a patient’s own stem cells to re- ponents of embryonic stem cell re- ease to date—adult stem cells have pair heart damage following congestive search provide patients with false been used to treat 72 diseases, such as heart failure, as well as use their own promises from unproven, unexplored breast cancer, multiple sclerosis, rheu- neural stem cells to improve function embryonic stem cells, while ignoring matoid arthritis, sickle cell anemia, after spinal cord damage. All of the the real substantial progress that has spinal cord injuries, and many others. I things that folks are talking about be- been made with adult and blood cord have read reports that adult stem cells cause we have to have these embryonic treatments. from a young girl’s own fat cells were stem cells because this is what we have I am gravely concerned about the used to repair or regenerate a 19- to do—we are already on our way. We possible implication of spending tax- square-inch section of her skull. I have are making progress with adult and payers’ dollars on an issue such as em- also learned of a Parkinson’s patient with umbilical cord stem cells. bryonic stem cell research that divides who has been without the vast major- The center has 10 ongoing or planned Americans on moral and ethical ity of the disease’s symptoms for 6 clinical trials to further explore the grounds, and I believe it is my moral years after being treated with his own use of stem cell therapies to reduce the responsibility to direct the Federal adult stem cells. risks of chemotherapy, treat certain Government’s dollars toward the areas Even more encouraging, the poten- heart conditions, and improve umbil- of research that have the greatest tial use of adult and umbilical cord ical stem cell treatment for leukemia. near-term potential to help the largest therapies continues to expand. In fact, I recently had the privilege to person- number of Americans. there is a real possibility that these ally hear two young Ohioans discuss Since I have been a Member of the types of stem cells will be able to yield the successful adult stem cell treat- Senate, we have doubled the funding the same results as embryonic, or what ment received at the center for an ag- for the National Institutes of Health, they call pluripotent stem cells, with- gressive form of leukemia and a se- NIH, and greatly increased the amount out the need to destroy human life. verely broken bone that would not heal of medical research the Federal Gov- The American Journal of Pathology with traditional treatment. ernment is able to fund, including in- recently reported that a group of sci- I will never forget this young woman creasing the amount of money avail- entists have isolated a novel popu- who was there. It was a meeting at the able for research on all stem cells from lation of multipotent adult stem cells regenerative center. She talked about $226 million in 1999 to $568 million this from human hair follicles—think of the fact that she was in this terrible year.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7613 However, as you know, Mr. Presi- time tonight on this important legisla- a bike, go for a hike, and run with his friends dent, in recent years with the cost of tion. I rise tonight to express my sup- again. Please, support stem cell research. the war, the need to protect our home- port for expanding stem cell research. As that father points out, this is land, and natural disasters such as This innovative research offers us a about people. It is about keeping our Katrina, the amount the Federal budg- chance to save lives. country on the cutting edge of science et has available for these priorities is Families across this country are and research, and I am proud to rep- getting smaller and smaller. We are holding out hope that we will finally resent a State that has a strong rep- seeing that now with the appropria- allow science to move forward and de- utation for scientific research. But for tions bills in the Senate. liver on the promise of stem cell re- our country to remain a leader in this I meet with groups all the time, and search. That is exactly what we should promising field, our scientists and our they ask me for increases in funding be doing. But, unfortunately, today the researchers need the support of our for research for diseases that person- hands of American scientists are tied Government. America should never ally impact on their families. I am sure by political restrictions. I believe we take a back seat to other countries in they visit your office, Mr. President, can expand stem cell research while the search for promising new cures. every couple of weeks: We want more still maintaining strict ethical safe- Unfortunately, the President’s cur- money for NIH to take care of this, to guards. That is why I will be sup- rent stem cell research policy is tying take care of that. Just within my own porting H.R. 810. the hands of our scientists by limiting family, I met recently with my former Back in 2001, President Bush imposed the number of lines eligible for Federal brother-in-law in support of childhood restrictions on promising stem cell re- funding. We can do better than that. cancer, and through my son I have search. Since that time, we have In fact, the majority of this Congress heard a very emotional presentation by learned that there aren’t as many use- has been trying to correct the Presi- a group of my constituents on behalf of ful stem cell lines as the President sug- dent’s mistake for over a year now. juvenile diabetes research. Again, if ev- gested. The Bush administration prom- H.R. 810 passed the House of Represent- eryone in the Senate had been at that ised us that 60 lines would be available atives 13 months ago. Since that date, meeting, I think they would have said: for research. To date, only 15 are avail- my colleagues and I have been fighting Look, we have to do more, spend more able, and it appears that all of those to bring this issue of stem cell research money on juvenile diabetes. lines have contamination problems. to the Senate floor. We wrote letters, There is a tremendous need to pursue The President’s restrictions have held we pleaded on the floor, and we asked treatments for these and many other back American science and stalled Republican leaders numerous times for diseases, but we face a reality of lim- promising research. It is time to cor- even a few hours to debate and pass ited funding. That is the real world. rect that mistake and allow our coun- this bipartisan bill. Our efforts to pro- We have to be smart about spending try to make progress. mote research and offer hope had been our money, and in the current budget Stem cell research is about improv- denied at every turn. But now, finally, environment, I have concerns that in- ing medicine, and it is about saving our day has come, and after more than creasing funding for research on em- lives. For patients with Parkinson’s or a year of obstruction, we finally have a bryonic stem cell will take away op- Alzheimer’s, diabetes or multiple scle- chance to offer hope to millions of pa- portunities for research in areas such rosis, stem cell research holds prom- tients and their families. On a bipar- as adult and umbilical cord blood re- ising potential to provide the tools to tisan basis, I believe this bill will pass. search, or even research for treatment understand, treat, and someday cure But, of course, we know that is not of specific diseases such as cancer, ju- these devastating diseases. the whole story. Shortly after we got venile diabetes, and others that have I understand the challenges and frus- word that this bill would finally come proven their usefulness. trations these diseases cause. When I to the floor, I was dismayed to see Consequently, and in light of all the headlines announcing that Karl Rove, advances and results science has pro- was just 15 years old, my dad was diag- nosed with multiple sclerosis. In a few President Bush’s chief political officer vided with adult and umbilical blood and adviser, guaranteed a veto of this cord stem cells, I urge my colleagues to short years, his illness became very bad, so bad that he couldn’t work any- important bill. In nearly 6 years in of- continue to direct Federal funding to- fice, President Bush has never once ve- ward the noncontroversial areas of more, and for most of my life my dad was in a wheelchair. His illness had a toed a bill. It is pretty amazing to me adult and umbilical cord blood stem that he would choose this bill—this bill cell research. I urge my colleagues to profound impact on my entire family. My mom, who stayed home to raise which offers basic hope and oppor- do that. tunity to so many Americans—for his Mr. President, I yield the floor. seven kids, had to work to care for him The PRESIDING OFFICER. The Sen- and had to get a job so she could sup- first veto. I believe the President is ator from Kansas. port our family. She got that job, but wrong on this issue, and I think threat- Mr. BROWNBACK. Mr. President, as it was never enough to support seven ening a veto is wrong. we are waiting for my colleagues to kids and a husband who was in a wheel- I am here this evening to pledge my come to the floor, I want to address chair and with growing medical bills. support for this bill and to call on my some issues that have been brought I can only imagine how different our colleagues to support it. But next, I forward and talked about previously. lives would have been had there been a call on them to ask the President in no Mr. President, I see my colleague cure for M.S. Back then, we didn’t have uncertain terms to stand with us in from Iowa, and I am prepared to an- the tools to find a cure, but today we support of open opportunity, stand swer—he had raised a question about do, and these tools unfortunately are with us in support of medical research, whether we had 72 different areas of being blocked by an ideological policy stand with us and, more importantly, treatment for adult stem cells, and so that puts politics over science. I think with millions of Americans who are I wanted to respond. we can do better than that. waiting on a cure, in support of stem The PRESIDING OFFICER. Unfortu- My dad’s challenges are similar to cell research. nately, the majority’s time has ex- the struggles millions of Americans For far too long, this administra- pired. and their families face every day. They tion’s ideology has trumped research. Mr. BROWNBACK. Mr. President, I deserve a chance, and they deserve Politics has been more important than yield the floor. hope. That is why we can’t let the cur- science. With this bill, President Bush Mr. HARKIN. Mr. President, I see the rent restrictions stand. has a chance to change course and put distinguished Senator from Wash- A short time ago, I received a letter people ahead of personal political ide- ington is here to make her statement from a constituent of mine who lives in ology. I urge him to do the right thing. on this bill, and I would yield the floor Mercer Island, and he wrote: For our patients, for their families, and for the future of our Nation’s re- to Senator MURRAY for her comments. My 17-year-old son was recently involved The PRESIDING OFFICER. The Sen- in an automobile accident and is now para- search leadership, it is time for the ator from Washington is recognized. lyzed from the upper chest down. Stem cell Senate to pass H.R. 810, and it is time Mrs. MURRAY. Mr. President, I research looks to be our brightest hope by for the President to sign it. Let’s take thank my colleague for yielding me far. Please help give him the chance to ride the handcuffs off of our scientists and

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That is pret- bryonic stem cells and then it walked the Senator from Washington for her ty overwhelming. again, Christopher Reeve, former Su- very eloquent statement, and I thank I heard the distinguished Senator perman said, ‘‘Oh, to be a rat.’’ all of the Senators who have come over from Ohio here just a few moments ago It holds so much promise, embryonic here today to speak on this important say that one of the reasons he was op- stem cell research, to ease the suf- issue. posed to the bill was because we want- fering and the pain of so many people. We have about 20 minutes left in this ed to do things that would not divide I hear today talk about we have to do half hour. I don’t have any other Sen- Americans. He thought this would di- adult stem cells; maybe there is not ators right now, but if there are other vide Americans. Divide Americans? enough money. Senators on our side who wish to take Seventy-two percent are in favor of it. Again, I refer to my friend from Ohio, a few minutes to speak on this bill, I Over 590 different advocacy groups ex- who was here earlier who said funding would be glad to yield to them. pressing support, and 205 other disease- for medical research is probably going However, I would like to take this related groups all in support. This down because of the war and because of time to sum up, if I can, what we have doesn’t divide America at all. Of Katrina and because of homeland secu- heard today. We have come to the end course, there is always going to be rity. of our first day of debate on stem cell somebody opposed to something around I said: Wait a minute, earlier this research, and I think it has been a very here. But I haven’t seen anything that year this Senate voted 73 to 27, to put enlightening debate and a very good received this much overwhelming sup- $7 billion back in the budget so we exposition of the different sides of this port in a long time. As a matter of wouldn’t cut medical research—73 issue. I hope the American people who fact, passing embryonic stem cell re- votes in the Senate. I don’t know, 73 have tuned in to watch this have search, H.R. 810, will pull Americans votes is pretty overwhelming. It was $7 learned a great deal about why we need together in the fight against disease. billion we were supposed to put back in to pass H.R. 810, the Stem Cell Re- And it is bipartisan. As I said, the bill to help medical research. I don’t know search Enhancement Act. As we know, passed the House bipartisanly. The to what the Senator was referring. that bill passed the House by a bipar- sponsors of the bill itself were three I have heard talk today about adult tisan majority over a year ago, and I Republicans and three Democrats. stem cells and all these other things think it has a strong bipartisan major- It was stated earlier today a couple and how we had adult stem cells do ity here in the Senate. Certainly the of times about a letter that former this and adult stem cells do that. Why bill itself is sponsored bipartisanly. If First Lady Nancy Reagan had written. haven’t embryonic stem cells led to we can pass it tomorrow—and I am I thought I would have it blown up and treatment as much as adult stem cells confident we can and we will—H.R. 810 put on a chart for people around the have? Scientists have been doing re- can go straight to the President’s desk. country to take a look at, just to show search on adult stem cells for over 30 I would like to reiterate a few things you how this has nothing to do with years, and we still, after 30 years, have we have heard today. partisanship. It shows it is from the of- not extracted one stem cell line from First, H.R. 810 has enormous popular fice of Nancy Reagan dated May 1, 2006, adult cells—not one. support. I have here a letter that was a letter to ORRIN HATCH, Senator ORRIN Now embryonic stem cells were only just transmitted to me, and it is a list HATCH of Utah, who was one of the co- derived in 1998, 8 years ago, and they of different advocacy groups, health or- sponsors of this bill. It says: have only been getting Federal funding ganizations, research universities, sci- Dear Orrin: in a limited manner since 2002, under Thank you for your continued commit- entific societies, religious groups, and ment to helping the millions of Americans the guidelines the President set down other interested institutions and asso- who suffer from devastating and disabling in 2001, which limited the number of ciations representing millions of pa- diseases. Your support has given so much stem cell lines to then 78, which we tients, scientists, health care pro- hope to so many. found out later was only 21 stem cell viders, and advocates, writing in strong It has been nearly a year since the United lines. support for H.R. 810. They point out in States House of Representatives first ap- Again, there are no arbitrary restric- this letter that this is the bill which proved the stem cell legislation that would tions on research on adult stem cells. open the research so we could fully unleash Scientists and private companies don’t holds promise for expanding medical its promise. For those who are waiting every breakthroughs. The other two bills, the day for scientific progress to help their loved have to be skittish about doing the re- Alternative Pluripotent Stem Cell ones, the wait for U.S. Senate action has search. They don’t have to worry that Therapies Enhancement Act, S. 2754, been very difficult and hard to comprehend. all of a sudden the Federal Government and the Fetus Farming Prohibition I understand that the U.S. Senate is now is going to ban it or limit it, so they Act, S. 3504, are not substitutes for a considering voting on H.R. 810, the Stem Cell can plan ahead and do long-term re- ‘‘yes’’ vote on H.R. 810. Research Enhancement Act, sometime this search. month. Orrin, I know I can count on friends Let’s compare that situation with This letter is signed by 590 advocacy like you to help make sure this happens. groups. I have been on this Senate floor There is just no more time to wait. human embryonic stem cells. As I said, now 21 years. We all get letters and Sincerely, Nancy. we didn’t derive them until 1998 and things that come in expressing support, When you have seen a loved one suf- the first Federal grant wasn’t awarded but I daresay I have never seen any- fer from Alzheimer’s—I am sure as Mrs. until 2002. Even now, only a tiny frac- thing as overwhelming as this: 590 dif- Reagan watched the former President tion of the total Federal budget for ferent groups. Earlier this year, I sub- suffer from Alzheimer’s—it motivates human stem cell research is used for mitted a list of 205 different groups. you to say: Whatever we can do to ad- human embryonic stem cells. The vast Mr. President, I ask unanimous con- vance the research, to hopefully get a majority still goes for adult stem cells. sent that at the conclusion of my com- cure someday, that is what we should Here it is. I pointed this out earlier ments on this portion, this list of 590 do. today. Human embryonic stem cells in groups be printed in the RECORD. For those of us who have friends who fiscal 2006 from NIH, $38.3 million. The PRESIDING OFFICER. Without have Parkinson’s disease, those of us Adult stem cells, $200 million. Again, objection, it is so ordered. who have seen friends and loved ones only a tiny fraction going for human (See exhibit 1.) die of Lou Gehrig’s disease, for those of embryonic stem cells. Five times as Mr. HARKIN. I thank the Presiding us who have members of our family or much is going for adult stem cell re- Officer. close friends who have had spinal cord search. So it is no wonder, after 30 Again, those are advocacy groups and injuries, this motivates us to do every- years and all this research and all this scientific associations—590. thing humanly possible to expand this money, that more diseases are being How about the American people? field of research. treated today with adult stem cells. Three out of four Americans agree: My friend Christopher Reeve said, Scientists have only been studying support stem cell research. The ques- one time when we had watched a film embryonic stem cells for 5 years, with

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The point is that rived after 9 p.m. could not receive one of the doors is the answer to your the bill we are talking about does not Federal funding. question. If you open one door, you destroy one embryo. It only says that I have wondered ever since, why was know what the odds are of finding the we can get funding for the research on it morally acceptable to use stem cell right answer. If you open two doors, those. These are embryos that are lines derived prior to 9 p.m. on August the odds are a little bit better. If you going to be discarded anyway, in in 9 of 2001 but morally unacceptable for open five doors, the odds are 50–50. vitro fertilization clinics. They are funding of stem cell lines derived after That is what basic research is about. being discarded every day. 9 p.m. Can someone please tell me the It has been said here a lot of the earlier Why don’t people come out and say: ethics of that. Can someone please tell research on fetal tissue came to noth- Stop in vitro fertilization. Make it a me why 9 p.m. on August 9 of 2001 is ing. A lot of basic research comes to crime. You don’t hear anybody saying some kind of a moral dividing line? It nothing—in terms of an actual applica- that because 50,000 babies were born is totally arbitrary. The President tion. But almost all basic research adds last year to people who wanted to have could have said stem cell lines derived to our body of knowledge. Maybe, from a baby and couldn’t have one and used at 10 p.m. or he could have said stem one of those basic research grants that in vitro fertilization. Once they have cell lines derived before Christmas of was put on the shelf, some other sci- their children, they call up the in vitro this year. It is the same thing. No one entist coming along later on might clinic and say: I don’t want the remain- has taken this floor to define why Au- pick something from that, put two or ing embryos, just discard them. I ask gust 9, at 9 p.m, is some kind of a three together and find something. you, what is the moral thing to do, just moral dividing line. I am reminded of John Embers, a sci- discard them or, with the written con- The fact is, it doesn’t really matter entist—I believe he was at Harvard. I what I think about the potential of em- sent of the donors, use those embryonic will check my facts on that, but I be- stem cells to save lives and ease suf- bryonic stem cell research. It doesn’t lieve he was a doctor at Harvard many matter a heck of a lot what other Sen- fering and cure disease? That, to me, is years ago. I am talking about a long the moral and the ethical choice. ators may think about the potential of time ago. I am talking about in the embryonic stem cell research. What I see my time is up and I yield the 1940s. He had done some interesting re- floor. matters is what does the great body of search, basic research on kidney cells scientists think about the potential. of monkeys because they had unique EXHIBIT 1 The overwhelming majority of rep- properties. It was a funny research. It U.S. SENATE, utable biomedical scientists also be- was on certain Rhesus monkeys and Washington, DC, July 14, 2006. lieves we should pursue embryonic the oddity of certain kidney cells. DEAR SENATOR: We, the undersigned pa- stem cell research; not to the exclusion Dr. John Enders didn’t get anything tient advocacy groups, health organizations, of others but that we should pursue it. for it. He did the research, put it on the research universities, scientific societies, re- I have a letter from Dr. J. Michael ligious groups and other interested institu- shelf, and nothing ever came of it, Bishop who won the Nobel Prize in tions and associations, representing millions until a few years later another sci- medicine in 1989. Here is what he says: of patients, scientists, health care providers entist, examining in another area, re- and advocates, write you with our strong and The vast majority of the biomedical com- munity believes that human embryonic stem membered Dr. Enders’ work, went back unified support for H.R. 810, the Stem Cell cells are likely to be the source of key dis- and got it, coupled it with his, and Research Enhancement Act. We urge your coveries relating to many debilitating dis- came up with something called the vote in favor of H.R. 810 when the Senate eases. In fact, some of the strongest advo- Salk polio vaccine. It wasn’t until over considers the measure next week. cates for human embryonic stem cell re- 25 years later that Dr. John Enders fi- Of the bills being considered simulta- search are those scientists that have devoted nally received the Nobel Prize for his neously, only H.R. 810 will move stem cell re- search forward in our country. This is the their careers to the study of adult stem cells. research. I have a letter from Dr. Alfred G. Gil- bill which holds promise for expanding med- But I suppose someone 5 years after ical breakthroughs. The other two bills—the man, who won the Nobel Prize in medi- Dr. Enders had done his research would Alternative Pluripotent Stem Cell Therapies cine in 1994. have said: Why did we spend money on Enhancement Act (S. 2754) and the Fetus It has become obvious, however, that the that foolish kind of research? It didn’t Farming Prohibition Act (S. 3504)—are NOT number of stem cell lines actually available lead to anything. It kept some sci- substitutes for a YES vote on H.R. 810. under current policy is too small and is con- entists employed, but it didn’t lead to H.R. 810 is the pro-patient and pro-research trolled by a limited monopoly, which has anything. But Dr. Salk came along, bill. A vote in support of H.R. 810 will be con- made it significantly more difficult and ex- sidered a vote in support of more than 100 pensive for research to be conducted. These coupled that research with what he was doing and came up with the Salk polio million patients in the U.S. and substantial limits have hindered the important search progress for research. Please work to pass for new understanding and treatment of dev- vaccine. H.R. 810 immediately. astating diseases. That is a true story. Sincerely, I have a letter from the Director of Again, we have to understand a lot of A O North America; AAALAC Inter- the NIH, Dr. Elias Zerhouni. this is basic research. A lot of it will national; AARP; Abbott Laboratories; Embryonic stem cell research holds great lead to nothing. But as more and more Acadia Pharmaceuticals; Accelerated promise for treating, curing, and improving scientists get involved in examining Cure Project for Multiple Sclerosis; our understanding of disease. embryonic stem cells and how they Adams County Economic Development, The breakthroughs are coming. But grow, how they multiply, how they dif- Inc.; AdvaMed (Advanced Medical ferentiate, how they become nerve tis- Technology Association); Affymetrix, they take time. They take a lot of sci- Inc.; Albert Einstein College of Medi- entists researching. This is not some- sue, how they become brain tissue, how cine of Yeshiva University; Alliance for thing you can put two people on. They they become skin tissue, how they be- Aging Research; Alliance for Lupus Re- need a lot of different lines. Embryonic come blood tissues—as they begin to search; Alliance for Stem Cell Re- stem cell research should be ongoing at investigate that, I am sure there will search; Alnylam US, Inc.; Alpha-1 universities all across America, at our be a lot of blind alleys. But I submit Foundation; ALS Association; Ambula- great research institutions, and it that everything that is done builds the tory Pediatric Association; AMDeC- ought to be done under the guidance body of scientific evidence that we Academic Medicine Development Co.; need, the science that will eventually America on the Move Foundation; and direction and ethical guidelines of American Academy of Neurology. NIH and the ethical guidelines that we lead to a cure of a disease. That is the American Academy of Nursing; American have in this bill. promise of embryonic stem cell re- Academy of Pediatric Dentistry; Amer- The clampdown on embryonic stem search. To stop it now or to limit it ican Academy of Pediatrics; American cell research before it even has a doesn’t make sense. Association for Cancer Research;

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7616 CONGRESSIONAL RECORD — SENATE July 17, 2006 American Association for Dental Re- tion of American Universities; Associa- Conquer Fragile X Foundation; Cornell search; American Association for Geri- tion of American Veterinary Medical University; Council for the Advance- atric Psychiatry; American Associa- Colleges. ment of Nursing Science (CANS). tion for the Advancement of Science; Association of Anatomy, Cell Biology Creighton University School of Medicine; American Association of Anatomists; and Neurobiology Chairs; Association CURE (Citizens United for Research in American Association of Colleges of of Anesthesiology Program Directors; Epilepsy); Cure Alzheimer’s Fund; Cure Nursing; American Association of Col- Association of Black Cardiologists; As- Paralysis Now; CuresNow; Damon Run- leges of Osteopathic Medicine; Amer- sociation of Chairs of Departments of yon Cancer Research Foundation; ican Association of Colleges of Phar- Physiology; Association of Independent Dana-Farber Cancer Institute; Dart- macy; American Association of Neuro- Research Institutes; Association of mouth Medical School; David Geffen logical Surgeons/Congress of Neuro- Medical School Microbiology and Im- School of Medicine at UCLA; logical Surgeons; American Associa- munology Chairs; Association of Med- DENTSPLY International; Digene Cor- tion of Public Health Dentistry; Amer- ical School Pediatric Department poration; Discovery Partners Inter- ican Autoimmune Related Diseases As- Chairs; Association of Medical School national; Doheny Eye Institute; Drexel sociation; American Brain Coalition; Pharmacology Chairs; Association of University College of Medicine; Drexel American Chronic Pain Association; Professors of Dermatology; Association University School of Public Health; American College of Cardiology; Amer- of Professors of Human and Medical Duke University Medical Center; ican College of Medical Genetics; Genetics; Association of Professors of Dystonia Medical Research Founda- American College of Neuropsycho- Medicine; Association of Public Health tion; East Tennessee State University pharmacology; American College of Ob- Laboratories; Association of Reproduc- James H. Quillen College of Medicine; stetricians and Gynecologists. tive Health Professionals; Association Eli Lilly and Company; Elizabeth American College of Surgeons; American of Schools and Colleges of Optometry; Glaser Pediatric AIDS Foundation. Council on Education; American Coun- Association of Specialty Professors; Emory University; Emory University cil on Science and Health; American Association of University Anesthesiol- Nell Hodgson Woodruff School of Nurs- Dental Association; American Dental ogists; Assurant Health; Asthma and Education Association; American Dia- Allergy Foundation of America; Athe- ing; Emory University Rollins School betes Association; American Federa- na Diagnostics; Aurora Economic De- of Public Health; Emory University tion for Aging Research; American velopment Council. School of Medicine; FasterCures; FD Gastroenterological Association; Axion Research Foundation; B’nai B’rith Hope Foundation; Federation of Amer- American Geriatrics Society; Amer- International; Baylor College of Medi- ican Scientists; Federation of Amer- ican Institute for Medical and Biologi- cine; Baylor College of Medicine Grad- ican Societies for Experimental Biol- cal Engineering; American Lung Asso- uate School of Biomedical Sciences; ogy (FASEB); Federation of State Med- ciation; American Medical Association; Biotechnology Industry Organization; ical Boards of the United States, Inc.; American Medical Informatics Associa- BloodCenter of Wisconsin, Inc.; Blue Fertile Hope; Fitzsimons Redevelop- tion; American Medical Women’s Asso- Cross and Blue Shield Foundation on ment Authority; Florida Atlantic Uni- ciation; American Pain Foundation; Health Care; Boston Biomedical Re- versity Division of Research; Ford Fi- American Parkinson’s Disease Associa- search Institute; Boston University nance, Inc.; Fox Chase Cancer Center; tion; American Parkinson’s Disease As- School of Dental Medicine; Boston Uni- Fred Hutchinson Cancer Research Cen- sociation (Arizona Chapter); American versity School of Public Health; ter; Friends of Cancer Research, Pediatric Society; American Physio- Brigham and Women’s Hospital; Bris- Friends of the National Institute for logical Society; American Psychiatric tol-Myers Squibb Company; Broadened Dental and Craniofacial Research, Association. Horizons, LLC; Brown Medical School; Friends of the National Institute of American Psychological Association; Buck Institute for Age Research; Bums Nursing Research; Friends of the Na- American Public Health Association; & Allen Research Institute; Burrill & tional Library of Medicine; Genetic Al- American Society for Biochemistry Company; Burroughs Wellcome Fund; liance. and Molecular Biology; American Soci- C3: Colorectal Cancer Coalition; Cali- Genetics Policy Institute; George Mason ety for Bone and Mineral Research; fornia Biomedical Research Associa- University; Georgetown University American Society for Cell Biology; tion. Medical Center; Guillain Barre Syn- American Society for Clinical Pharma- California Institute of Technology; Cali- drome Foundation International; cology and Therapeutics; American So- fornia Institute for Regenerative Medi- Gynecologic Cancer Foundation; Ha- ciety for Microbiology; American Soci- cine; California Wellness Foundation; dassah; Harvard University; Harvard ety for Neural Transplantation and Re- Californians for Cures; Campaign for University School of Dental Medicine; pair; American Society for Nutrition; Medical Research; Cancer Research and Harvard University School of Public American Society for Pharmacology Prevention Foundation; Canon U.S. Health; Hauptman-Woodward Medical and Experimental Therapeutics; Amer- Life Sciences, Inc.; Case Western Re- Research Institute, Inc.; Hereditary ican Society for Reproductive Medi- serve University School of Dentistry; Disease Foundation, HHT Foundation cine; American Society for Virology; Case Western Reserve University International, Inc.; Home Safety Coun- American Society of Clinical Oncology; School of Medicine; Cedars-Sinai cil; Howard University College of Den- American Society of Critical Care An- Health System; Center for the Ad- tistry; Howard University College of esthesiologists; American Society of vancement of Health; Central Con- Medicine; Huntington’s Disease Soci- Hematology; American Society of ference of American Rabbis; CFIDS As- ety of America; IBM Life Sciences Di- Human Genetics; American Society of sociation of America; Charles R. Drew vision; Illinois State University Men- Nephrology; American Society of Trop- University of Medicine and Science; nonite College of Nursing; ImmunoGen, ical Medicine and Hygiene; American Charles River Laboratories; Child & Inc.; Indiana University School of Den- Surgical Association; American Sur- Adolescent Bipolar Foundation; Chil- tistry. gical Association Foundation. dren’s Memorial Research Center; Chil- Indiana University School of Medicine; American Thoracic Society; American dren’s Neurobiological Solutions Foun- Indiana University School of Nursing; Thyroid Association; American Trans- dation; Infectious Diseases Society of America; plant Foundation; Americans for Med- (Columbus); Children’s Research Insti- Institute for African American Health, ical Progress; amFAR, The Foundation tute (Washington). Inc.; Intercultural Cancer Council Cau- for AIDS Research; Arizona State Uni- Children’s Tumor Foundation; Childrens cus; International Foundation for versity College of Nursing; Arthritis Hospital Boston; Christopher Reeve Anticancer Drug Discovery (IFADD); Foundation; Arthritis Foundation, Foundation; City and County of Den- International Longevity Center—USA; Rocky Mountain Chapter; Association ver; City of Hope National Medical International Society for Stem Cell for Clinical Research Training; Asso- Center; Cold Spring Harbor Labora- Research; Invitrogen Corporation; Iraq ciation for Medical School Pharma- tory; Coleman Institute for Cognitive Veterans for Cures; Iris Alliance Fund; cology Chairs; Association for Preven- Disabilities, University of Colorado Iron Disorders Institute; tion Teaching and Research; Associa- System; Colfax Marathon Partnership, tute of Women’s Health; Jeffrey Modell tion for the Accreditation of Human Inc.; Colorado Bioscience Association; Foundation; Johns Hopkins; Johnson & Research Protection Programs, Inc.; Colorado Office of Economic Develop- Johnson; Joint Commission on Accred- Association of Academic Chairs of ment and International Trade; Colo- itation of Healthcare Organizations Emergency Medicine; Association of rado State University; Columbia Uni- (JCAHO); Joint Steering Committee Academic Departments of Otolaryn- versity; Columbia University College of for Public Policy; Juvenile Diabetes gology; Association of Academic Dental Medicine; Columbia University Research Foundation; Keck School of Health Centers; Association of Aca- Medical Center; Community Health Medicine of the University of Southern demic Physiatrists; Association of Partnership; Conference of Boston California. American Medical Colleges; Associa- Teaching Hospitals; Connecticut Kennedy Krieger Institute; Keystone tion of American Physicians; Associa- United for Research Excellence, Inc.; Symposia on Molecular and Cellular

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7617 Biology; KID Foundation; Kidney Can- Foundation; New York University Col- physical Society; The Brody School of cer Association; La Jolla Institute for lege of Dentistry; New York University Medicine at East Carolina University; Allergy and Immunology; Lance Arm- School of Medicine; The Burnham Institute; The CJD Foun- strong Foundation; Lawson Wilkins byterian Hospital; North American dation; The Critical Path Institute (C– Pediatric Endocrine Society; Leukemia Brain Tumor Coalition; North Carolina Path); The Endocrine Society; The and Lymphoma Society; Lombardi Association for Biomedical Research; FAIR Foundation; The Food Allergy Comprehensive Cancer Center, George- Northwest Association for Biomedical and Anaphylaxis Network; The Food town University; Los Angeles Bio- Research; Northwestern University; Allergy Project, Inc.; The Forsyth In- medical Research Institute at Harbor- Northwestern University, The Feinberg stitute; The Foundation Fighting UCLA Medical Center; Louisiana State School of Medicine; Nova Southeastern Blindness; The George Washington Uni- University Health Sciences Center; University College of Dental Medicine; versity Medical Center. Louisiana State University Health Novartis Pharmaceuticals; Oklahoma town University Center for the Study Sciences Center School of Dentistry; Medical Research Foundation; Oral of Sex Difference in Health, Aging and Lovelace Respiratory Research Insti- Health America; Oregon Health & Disease. tute; Loyola University of Chicago Science University; Oregon Health & The Gerontological Society of America; Stritch School of Medicine; Lung Can- Science University School of Nursing; The J. David Gladstone Institutes; The cer Alliance; Lupus Foundation of Oregon Research Institute; Oxford Bio- Jackson Laboratory; The Johns Hop- America, Inc.; Lupus Foundation of science Partners. kins University Bloomberg School of Colorado, Inc.; Lupus Research Insti- Pacific Health Research Institute; Para- Public Health; The Johns Hopkins Uni- tute; Lymphatic Research Foundation; lyzed Veterans of America; Parent versity School of Nursing; The Medical Mailman School of Public Health of Project Muscular Dystrophy; Parkin- College of Wisconsin; The Medical Columbia University. son’s Action Network; Parkinson’s Dis- Foundation, Inc., The Michael J. Fox Malecare Prostate Cancer Support; ease Foundation; Partnership for Pre- Foundation for Parkinson’s Research; March of Dimes Birth Defects Founda- vention; Pennsylvania Society for Bio- The Ohio State University College of tion; Marine Biological Laboratory; medical Research; Pharmaceutical Re- Marshalltown [IA] Cancer Resource search and Manufacturers of America; Dentistry; The Ohio State University Center; Masonic Medical Research Lab- Pittsburgh Development Center; College of Medicine and Public Health; oratory; Massachusetts Biotechnology Princeton University; Project A.L.S.; The Ohio State University School of Council; Massachusetts General Hos- Prostate Cancer Foundation; Public Health; The Parkinson Alliance pital; Massachusetts Institute of Tech- Pseudoxanthoma Elasticum Inter- and Unity Walk; The Research Founda- nology; MaxCyte, Inc.; McLaughlin Re- national; Quest for the Cure; RAND tion for Mental Hygiene, Inc.; The search Institute; Medical College of Health; Research! America; Resolve: Rockefeller University; The Schepens Georgia; Medical University of South The National Infertility Association; Eye Research Institute; The Scientist; Carolina; Medical University of South RetireSafe; Rett Syndrome Research The Scripps Research Institute; The Carolina College of Nursing; MedStar Foundation; Rice University. Smith-Kettlewell Eye Research Insti- Research Institute (MRI); Meharry Robert Packard Center for ALS Research tute; The Society for Investigative Medical College School of Dentistry; at Johns Hopkins; Rosalind Franklin Dermatology; The Spiral Foundation. Memorial Sloan-Kettering Cancer Cen- University of Medicine and Science; The University of Chicago Pritzker ter; Memory Pharmaceuticals; Mercer Rush University Medical Center; Rut- School of Medicine; The University of University; Metro Denver Economic gers University; Salk Institute for Bio- Iowa Carver College of Medicine; The Development Corporation; Miami Chil- logical Studies; sanofi-aventis; University of Iowa College of Den- dren’s Hospital. Scleroderma Research Foundation; tistry; The University of Iowa College Midwest Nursing Research Society; Secular Coalition for America; of Public Health; The University of Morehouse School of Medicine; Mount Sjogren’s Syndrome Foundation, Inc.; Mississippi Medical Center; The Uni- Sinai Medical Center; Mount Sinai Society for Advancement of Violence versity of Mississippi Medical Center School of Medicine; National Alliance and Injury Research (SAVIR); Society School of Dentistry; The University of for Eye and Vision Research; National for Assisted Reproductive Technology; Oklahoma College of Dentistry; The Alliance for Hispanic Health; National Society for Education in Anesthesia; University of Oklahoma Health Alliance for Research on Schizophrenia Society for Male Reproduction and Sciences Center; The University of and Depression; National Alliance on Urology; Society for Neuroscience; So- Tennessee Health Science Center; The Mental Illness; National Alopecia ciety for Pediatric Research; Society University of Tennessee HSC College of Areata Foundation; National Asian for Reproductive Endocrinology and In- Nursing; The University of Texas Women’s Health Organization; Na- fertility; Society for Women’s Health Health Science Center at Houston; The tional Association for Biomedical Re- Research; Society of Academic Anes- University of Texas Health Science search; National Association of Hepa- thesiology Chairs; Society of General Center at San Antonio; The University titis Task Forces; National Caucus of Internal Medicine; Society of of Texas M.D. Anderson Cancer Center; Basic Biomedical Science Chairs; Na- Gynecologic Oncologists. The University of Texas Medical tional Coalition for Cancer Research; Society of Reproductive Surgeons; Soci- Branch at Galveston School of Medi- National Coalition for Cancer Survi- ety of University Otolaryngologists; cine; The University of Texas South- vorship; National Coalition for Women South Alabama Medical Science Foun- western Medical Center; The Univer- with Heart Disease; National Com- dation; South Dakota State Univer- sity of Toledo Academic Health mittee for Quality Health Care; Na- sity; Southern Illinois University Science Center; Tourette Syndrome As- tional Council of Jewish Women; Na- School of Medicine; Spina Bifida Asso- sociation; Travis Roy Foundation; tional Council on Spinal Cord Injury; ciation of America; Stanford Univer- Tufts University School of Dental Med- National Down Syndrome Society. sity; State University of New York at icine; Tulane University. National Electrical Manufacturers Asso- Buffalo School of Dental Medicine; Tulane University Health Sciences Cen- ciation; National Foundation for Ecto- State University of New York ter; Union for Reformed Judaism; dermal Dysplasias; National Health Downstate Medical Center College of Union of Concerned Scientists; Uni- Council; National Hemophilia Founda- Medicine at Brooklyn; State Univer- tarian Universalist Association of Con- tion; National Hispanic Health Founda- sity of New York Upstate Medical Uni- gregations; United Spinal Association; tion; National Jewish Medical and Re- versity; Stem Cell Action Network; University of Alabama at Birmingham search Center; National Marfan Foun- Stem Cell Research Foundation; Ste- School of Medicine; University of Ala- dation; National Medical Association; ven and Michele Kirsch Foundation; bama at Birmingham School of Nurs- National Multiple Sclerosis Society; Stony Brook University, State Univer- ing; University of Alabama at Bir- National Osteoporosis Foundation; Na- sity of New York; Strategic Health mingham School of Public Health; Uni- tional Partnership for Women and Policy International, Inc.; Student So- versity of Arizona College of Medicine; Families; National Pharmaceutical ciety for Stem Cell Research; Suicide University of Arkansas for Medical Council; National Prostate Cancer Coa- Prevention Action Network-USA Sciences; University of Buffalo; Univer- lition; National Quality Forum; Na- (SPAN); Take Charge! Cure Parkin- sity of California System; University of tional Spinal Cord Injury Association; son’s, Inc.; Targacept, Inc.; California, Berkeley; University of National Venture Capital Association; Temple University School of Dentistry; California, Berkeley School of Public Nebraskans for Research; Nemours; Texans for Advancement of Medical Health; University of California, Davis; New Jersey Association for Biomedical Research; Texas A&M University University of California, Irvine; Uni- Research; New Jersey Dental School. Health Science Center; Texas Medical versity of California, Los Angeles; Uni- New York Blood Center; New York Col- Center; Texas Tech University Health versity of California, Los Angeles lege of Osteopathic Medicine; New Sciences Center; The Arc of the United School of Dentistry; University of Cali- York State Association of County States; The Association for Research in fornia, Los Angeles School of Medicine; Health Officials; New York Stem Cell Vision and Ophthalmology; The Bio- University of California, San Diego.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7618 CONGRESSIONAL RECORD — SENATE July 17, 2006 University of California, San Francisco; Vanderbilt University School of Nurs- adult stem cell research. In fact, an University of California, San Francisco ing; Virginia Commonwealth Univer- overwhelming proportion of privately School of Dentistry; University of Cali- sity School of Dentistry; Virginia Com- funded research is going towards adult fornia, San Francisco School of Nurs- monwealth University School of Medi- stem cell research. ing; University of California, Santa cine; Wake Forest University School of Cruz; University of Chicago; University Medicine; Washington University in St. This is a strong indication of what of Cincinnati Medical Center; Univer- Louis; Washington University in St. researchers think regarding the direc- sity of Colorado at Denver and Health Louis Center for Health Policy; Wash- tion of future stem cell research. Adult Sciences Center; University of Colo- ington University in St. Louis School stem cells and other similar alter- rado at Denver and HSC School of Den- of Medicine. natives have helped thousands of pa- tistry; University of Colorado at Den- WE MOVE; Weill Medical College of Cor- tients throughout the world, while the ver and HSC School of Nursing; Univer- nell University; Whitehead Institute results of embryonic stem cell research sity of Connecticut School of Medicine; for Biomedical Research; WiCell Re- University of Florida; University of have not helped any one patient yet. search Institution; Wisconsin Alumni I have seen the proven results and Florida College of Dentistry; Univer- Research Foundation; Wisconsin Asso- sity of Georgia; University of Illinois; ciation for Biomedical Research and lives that have benefited from the re- University of Illinois at Chicago; Uni- Education; Woodruff Health Sciences search done on adult stem cells. It has versity of Illinois at Chicago College of Center at Emory University; Wright been proven that the results of this re- Dentistry; University of Illinois at Chi- State University; School of Medicine; search have created procedures that cago College of Nursing; University of Yale University; Yale University have assisted in saving lives, and cur- Iowa; University of Kansas; University School of Medicine; Yale University ing illnesses. Advancements are con- of Kansas Medical Center. School of Nursing. University of Kansas Medical Center stantly being made in science, medical School of Nursing; University of Ken- The PRESIDING OFFICER. The Sen- research, and technology and so this tucky; University of Kentucky College ator from Georgia. issue is constantly changing. Just look of Dentistry; University of Louisville; Mr. CHAMBLISS. Mr. President, I at how far we have come in the last University of Louisville School of Den- rise today to speak about stem cell re- year on this issue. This debate is not tistry; University of Maryland at Balti- search. This is a very delicate and very going to be over after this vote, tomor- more; University of Maryland at Balti- tough issue and these are difficult deci- row but rather the debate is just begin- more College of Dental Surgery; Uni- sions that we will all have to make this versity of Maryland at Baltimore ning. However, at this time, I feel that week. the taxpayer’s money should be spent School of Nursing; University of Some scientists believe that advance- in places where we yield the best re- Miami; University of Michigan; Univer- ment in research requires the creation sity of Michigan College of Pharmacy; sults for patients, and currently this is University of Michigan Medical School; and development of new embryonic stem cell lines. The truth of the matter in the area of adult stem cell research. University of Michigan School of Den- It is my hope, Mr. President, that we is that there are very promising alter- tistry; University of Michigan School continue to see monumental steps natives to embryonic stem cell re- of Nursing; University of Michigan made in medical research, stem cell School of Public Health; University of search, such as stem cells from adult Minnesota; University of Minnesota tissue like bone marrow and umbilical and otherwise, and that we find cures School of Public Health; University of cord blood. These cells have repeatedly to diseases such as juvenile diabetes, Missouri at Kansas City School of Den- demonstrated the capability of turning cancer, sickle cell anemia, and Alz- tistry; University of Montana School of into most tissue types providing the heimer’s disease. Pharmacy and Allied Health Sciences; I yield the floor. basis for advanced research to find University of Nebraska Medical Center. The PRESIDING OFFICER. The Sen- cures for many diseases, including leu- University of Nebraska Medical Center ator from Kansas is recognized. kemia, Parkinson’s disease, juvenile College of Dentistry; University of Ne- Mr. BROWNBACK. Mr. President, I vada, Las Vegas School of Dental Medi- diabetes, sickle cell anemia, heart dis- thank my colleague from Georgia for cine; University of Nevada, Reno ease and spinal cord injuries. To date, his comments. We are about to wrap up School of Medicine; University of we have seen promising results coming the first full day of debate. We will North Carolina at Chapel Hill; Univer- from the research that has been con- sity of North Carolina at Chapel Hill vote tomorrow on a package of three ducted on these types of cells. Doctors School of Dentistry; University of votes. This is an important debate. have successfully treated 69 diseases North Carolina at Chapel Hill School of This is one area that we have needed to and injuries using adult stem cells such Public Health; University of North Da- debate for some period of time. We kota; University of North Texas Health as Lupus, arthritis, liver damage, brain haven’t had a real debate on a pending Science Center; University of Oregon; tumors and various forms of cancer. It University of Pennsylvania School of is vital that we continue to conduct bioethics bill since 1998. The science Dental Medicine; University of Penn- important medical research and con- has changed dramatically since 1998 sylvania School of Medicine; Univer- tinue producing these types of results and the debate at that point in time. sity of Pennsylvania School of Nursing; providing hope for patients and their We should benefit from this debate and University of Pittsburgh Graduate from the science. All of us are inter- School of Public Health; University of families. I am very thankful for the accom- ested in people such as Jacki Rabon. I Pittsburgh School of Dental Medicine; have shown her picture before, but I University of Pittsburgh School of plishments that have been made in Medicine; University of Rochester Med- modern medicine, those of which many want to make the point again because ical Center; University of Rochester of us have already enjoyed or perhaps several of my colleagues have talked School of Medicine and Dentistry; Uni- will in the future. about people with spinal cord injuries. versity of Rochester School of Nursing; However, I see the life changing re- They talk about people with Parkin- University of South Carolina Office of sults that have come from adult stem son’s disease and what they wanted to Research and Health Sciences; Univer- cell research, and can’t help but com- do was cure that—to get something sity of South Dakota School of Medi- pare these to the lack of results we that would work for them. That is cine and Health Sciences. what was motivating them. I just want University of South Florida; University have seen from embryonic stem cell re- of South Florida College of Nursing; search which has not provided the con- to help this person. University of Southern California; Uni- crete benefits to patients that we have Here is a real live person; traffic ac- versity of Southern California School seen otherwise. We should not discount cident; paraplegic from the waist down; of Dentistry; University of Utah HSC the possibilities surrounding the dis- an active athlete; excited about her fu- School of Medicine; University of coveries that lie ahead within medical ture—and that all changed in a few sec- Vermont College of Medicine; Univer- research, but, since we have seen re- onds. sity of Washington; University of sults from alternative types of stem We all know this story too well be- Washington School of Dentistry; Uni- cell research, not involving embryonic cause we have heard it and seen it in versity of Washington School of Nurs- our own communities. I simply ask my ing; University of Washington School stem cells, should we spend federal of Public Health and Community Medi- money on researching something that colleagues: What is the most likely cine; University of Wisconsin-Madison; has yielded few positive results? treatment route for her? Is it adult and Van Andel Research Institute; Vander- I have seen positive results from the cord blood stem cells or is it embryonic bilt University and Medical Center; research we have done in the area of stem cells? We have to make choices

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7619 on dollars and where you invest funds. ber. But remember that FDA is the tion of recent advances in adult stem If we take the $.5 billion that we have standard where you have to go through cell research and other alternatives to invested in the embryonic stem cells in clinical trials 1 and 2 to get the appli- cloning and embryonic stem cell re- human and animals over the last 5 cation and get it tested before it is search. This is a one-page summary of years and say we are going to get peo- fully used. each of these areas where we are get- ple such as Jacki walking again, what I note that people are challenging ting treatment. Note that I am not are we going to invest that money in? how many areas of adult stem cell are saying cures. I want to be very careful Is it going to be on embryonic or adult? being treated. I welcome this debate. I with my words. The treatments are She is already showing some improve- think we should be looking at the promising in adult and cord blood. ment and feeling in her hip area. She is science and where it is going. They Look how thick this book is. This is able to walk now with braces—through were saying we really question whether just one-page summaries of each of use of adult stem cell therapy which, this many areas of adult stem cell these various areas—cord blood, car- unfortunately, she has had to go to treatments are actually happening. tilage, brain damage, cancers. It has Portugal to get. Researchers are here, They produced an addendum to their been very impressive. but they cannot get into the FDA challenge on it. They went through all If you do not like this example or if trials. of the 65 areas at that time. It is now you are still questioning whether we Clearly, the answer, if we want her to 72. But when they did the review, it are showing this much progress in walk again during her lifetime, is to was 65. The Senator from Iowa was par- adult stem cell, I invite people to go on work and to fund adult and cord blood ticularly challenging whether we have the Internet and look at a site called stem cells. That is where we are going this many treatment areas. He pulled ClinicalTrials.gov. This is an area to get the treatments. That is where it out one on testicular cancer and said: I where clinical trials are listed on the is working. don’t think they are really getting it Internet. I didn’t know about it until The other areas may provide some in- there. But this addendum is the people today. It sounded very interesting to teresting science. But if we are inter- challenging the number of adult stem me. It shows, as of now—I guess these ested in helping people such as Jacki, cell areas that have treatment. On tes- numbers are actually growing with 565 we have one area that works, and we ticular cancer, the researcher described such clinical trials currently active or have another area into which we have a clinical evaluation showing improved recruiting patients using adult or cord put $.5 billion and it hasn’t worked— long-term survival of a relapsed testic- blood stem cells to treat people. and we know that. ular cancer patient following the rad- If we want to cure people, if we want I want to show you a picture of Den- ical therapy that included a transplant to find real treatments, if we want to nis Turner. He has been brought up in of adult stem cells from bone marrow see cures for people with spinal cord in- this debate. I have had him in to tes- or blood. The research is actually juries, Parkinson’s, diabetes, cancer or tify. He is a Parkinson’s patient. We showing that it was an improvement. heart disease, the clear area to invest want to cure Parkinson’s disease. He I am not saying that these are all in is adult and cord blood. That is the was Parkinson’s-free for 5 years be- FDA-approved areas. This is an area of clear area to go into. cause of adult stem cell therapy. It research. But you actually have a re- Let us look on the other side of the started to come back after that period searcher saying it showed improve- aisle on this the embryonic stem cell of time, but he got 5 years of his life ment. This isn’t the group who is chal- work which is being pushed here today. back. lenging whether we are getting these By the way, my colleagues have If our objective is to have a treat- treatments at all. They are not cures known about this for a very long time. ment or cure for people such as Dennis today. This is research. But the re- We have known about embryonic stem Turner, where are we going to put the search shows a promise even in the cells for 25 years. We have worked and money? Are we going to put it in em- area that they challenge. looked at these things for a long period bryonic stem cells, where the scientists Leukemia—this is from the same ad- of time. supporting it say this will take decades dendum. Two clinical studies, each in- They say this is arbitrary and it is to find any sort of treatment, if they corporating multiple leukemia types, not going to support killing embryos. ever find a treatment, or put it into indicate that adult stem cell trans- What is being talked about is using the adult stem cell area where they are plants from bone marrow or umbilical taxpayer money to expand the lines of already showing some results? cord blood improved the survival of embryonic stem cell research. To get I know if I have limited resources, I children with leukemia. embryonic stem cells, you have to de- would want to put my money where it That is not FDA approved. But it is stroy an embryo. is most likely to yield. It clearly is in working. This, after only a short period The President set a date, August 9 at the adult and cord blood stem cell area. of time that we have been working 9 p.m, when he was delivering a speech A lot of allegations and questions with all these different types of adult to the Nation saying, after this point have been made regarding adult stem stem cells. We have known about them in time, we are not going to fund it any cells and cord blood and whether they in bone marrow for some period of further because we do not want to fund are actually showing the types of re- time. the additional destruction of human sults that I have been suggesting. Some patients with Hodgkin’s life. We will work on it on a prior date. I ask unanimous consent to have lymphoma show an overall improved That is why that date was picked. printed in the RECORD at the end of my survival rate when transplanted with Here is a clear demarcation. We will statement the current list—it gets up- adult stem cells from blood. fund it prior; we have to the tune of dated often—of 72 current human clin- The list goes on and on. half a billion on human and animal. It ical applications using adult stem I welcome a debate about whether we is both. After that, we will not fund it cells. are getting treatment for areas where on humans because the life-and-death The PRESIDING OFFICER. Without people are showing improvement tak- decision has already been made on objection, it is so ordered. ing place with adult and cord blood be- these designs prior to August 9 but not (See exhibit 1.) cause the truth of matter is we are. on future ones. Mr. BROWNBACK. Mr. President, These are not all FDA approved. We Now, if we say we are going to use next week it will may be 75, but for never said that they were. The problem taxpayer money to fund any human this week it is 72. is we need more money to be able to embryonic stem cell research, people My point in saying highlighting this get more of these FDA trials so that we could go out today after we fund this, is that some have said they really can get more people treated. If we do destroy human embryos, develop the question whether we are getting that that, there is a very promising area lines, and have Federal taxpayer dol- many treatments. There have only that is already showing results. Why lars. I again point out to my col- been nine FDA-approved full clinical not put your money there? leagues, there are no prohibitions in trials, full treatment areas using adult Let me give my colleagues a visual of the United States today against any stem cells. Okay. I will take that. I do this, if anybody is interested. There is embryonic stem cell research. You can not know if that is an accurate num- a notebook of showing the accumula- do it anywhere you want. We do have a

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7620 CONGRESSIONAL RECORD — SENATE July 17, 2006 limitation on the Federal taxpayer dol- of whether this is the right place to in- Chronic myelomonocytic leukemia. lars, on where they can go in the future vest. Juvenile myelomonocytic leukemia. destruction of human life. I have cited the snowflake child, Cancer of the lymph nodes: Angioimmuno- Now, with this half a billion that we blastic lymphadenopathy. Hannah previously. Was she just a Multiple myeloma (cancer affecting white have invested over the last 5 years, clump of stem cells? Early life can be blood cells of the immune system). how many human treatments do we very fragile. Myelodysplasia (bone marrow disorder). have from embryonic stem cells? I have This is Isaiah Royal, born to one of Breast cancer. a notebook that shows the number of my staff members. Isaiah Royal was Neuroblastoma (childhood cancer of the human treatments. I will show this born at 24 weeks of age, very early. He nervous system). notebook again. This is adult and cord is a fighter. But I don’t think you can Renal cell carcinoma (cancer of the kid- blood. Here are human treatments on ney). possibly say he is not human life. He is Soft tissue sarcoma (malignant tumor that embryonic stem cell research. We do just 23 weeks after the embryonic stage begins in the muscle, fat, fibrous tissue, not have the research. It is not there. that we are talking about, 23 weeks blood vessels). They do not exist. and a couple of days after that. Would Ewing’s sarcoma. It is interesting research. It has prov- you deny that he is human life? You Various solid tumors. en very problematic to get to people. would say no, of course not. Isaiah is Waldenstrom’s macroglobulinemia (type of A number of my colleagues have been struggling. He weighed 1 pound 14 lymphoma). pushing this bill for some period of ounces at birth. He is a good, tough, Hemophagocytic lymphohistiocytosis. time, and I do not question or chal- POEMS syndrome (osteosclerotic myelo- fighter. But we are talking about frag- ma). lenge what they were doing. I think ile human life, and it should be treated Myelofibrosis. they want to find cures. But the prob- as sacred. We should not do research on CARDIOVASCULAR lem is we have not found treatments in it. Human life is important. the embryonic field. Acute Heart damage. This is an important question. I urge Chronic coronary artery disease. They were saying in the year 1999 one my colleagues to vote against H.R. 810. IMMUNODEFICIENCIES of my colleague’s medical experts tes- EXHIBIT I tified that it may well be within 5 Severe combined immunodeficiency syn- 72 CURRENT HUMAN CLINICAL APPLICATIONS years of a cure for Parkinson’s disease, drome. USING ADULT STEM CELLS X-linked lymphoproliferative syndrome. Alzheimer’s, and a long list of other ANEMIAS & OTHER BLOOD CONDITIONS X-linked hyper immunoglobulin M syn- human ailments. Stem cell research drome. has enormous potential. Sickle cell anemia. Sideroblastic anemia. LIVER DISEASE That is true. But it is adult cord Aplastic anemia. Chronic liver failure. blood stem cell research that is work- Red cell aplasia (failure of red blood cell Liver cirrhosis. ing. It is not embryonic. The embry- development). NEURAL DEGENERATIVE DISEASES & INJURIES onic has not produced the treatments. Amegakaryocytic thrombocytopenia. That was 1999. We are 7 years later, and Thalassemia (genetic [inherited] disorders Parkinson’s disease. all of which involve underproduction of he- Spinal cord injury. it has not produced a peer-reviewed Stroke damage. treatment. moglobin). OCULAR We have scientists who testified at a Primary amyloidosis (A disorder of plasma cells). Corneal regeneration. hearing in 1998. Mr. President, I refer Diamond blackfan anemia. WOUNDS & INJURIES my colleagues to www.access.gpo.gov/ Fanconi’s anemia. congress/senate for that testimony. Chronic Epstein-Barr infection (similar to Limb gangrene. Mr. President, when Dr. Gearhart Mono). Surface wound healing. was asked how long will it be before we Jawbone replacement. AUTO-IMMUNE DISEASES Skull bone repair. get these cures to Parkinson’s, Alz- Systemic lupus (auto-immune condition OTHER METABOLIC DISORDERS heimer’s, or cancer, he responded: that can affect skin, heart, lungs, kidneys, I actually think within several years, to be joints, and nervous system). Hurler’s syndrome (hereditary genetic dis- honest with you . . . Sjogren’s syndrome (autoimmune disease order). w/symptoms similar to arthritis). Osteogenesis imperfecta (bone/cartilage That was 1998. Eight years later, here disorder). we are. Dr. Gearhart—one of the lead- Myasthenia (An autoimmune neuro- muscular disorder). Krabbe Leukodystrophy (hereditary ge- ing researchers in this field. Autoimmune cytopenia. netic disorder). Then Dr. Thompson, one of the lead- Scleromyxedema (skin condition). Osteopetrosis (genetic bone disorder). ing researchers on Parkinson’s: Scleroderma (skin disorder). Cerebral X-linked adrenoleukodystrophy. I am going to say 5 to 10 years more. Crohn’s disease (chronic inflammatory dis- Mr. BROWNBACK. I yield to my col- It will be one of the first ones. ease of the intestines). league from Virginia who is here to We do have a treatment being devel- Behcet’s disease. speak on some important topics. oped. And it is adult stem cells for Par- Rheumatoid arthritis. The PRESIDING OFFICER. The Sen- kinson’s. We do not need to make this Juvenile arthritis. ator from Virginia. Multiple sclerosis. life-and-death decision and expand tax- Polychondritis (chronic disorder of the car- Mr. WARNER. Mr. President, I thank payer funding for the embryonic lines. tilage). my distinguished colleague. We have My point is, in 1998 the leading re- Systemic vasculitis (inflammation of the another distinguished colleague here. searchers were saying we will have blood vessels). It is my understanding that at 8 these cures in a few years, 5 to 10 years, Alopecia universalis. o’clock, the time of the distinguished and now researchers are saying it is Buerger’s disease (limb vessel constriction, Senator from Kansas now shifts to the decades, if even in their lifetime, that inflammation). other side of the aisle, but my col- it will happen. BLADDER DISEASE league said he only wants 3 or 4 min- I conclude with this point. If this End-stage bladder disease. utes. were all in the abstract and we were CANCERS Mr. BROWNBACK. I have other saying that we will spend another half Brain tumors—medulloblastoma and things I can cover. I understand the a billion in this area, go ahead and do glioma. distinguished Senator from Virginia that, you could say: Well, all right, we Retinoblastoma (cancer). wanted to come over and speak on a spend a lot of money around here, we Ovarian cancer. very pressing matter of foreign policy. will do that. The problem with it is: Skin cancer: Merkel cell carcinoma. That is why I yielded the time to my how many millions of dollars will be Testicular cancer. colleague. spent on research, which is based on Lymphoma. Mr. WARNER. I will try to compress Non-Hodgkin’s lymphoma. destroying human embryos that be- Hodgkin’s lymphoma. my time in 10 minutes. come human people? This is the begin- Acute lymphoblastic leukemia. Mr. BROWNBACK. Good. nings of human life. That is the real Acute myelogenous leukemia. If I could, what does the Senator ethical rub on top of the financial rub Chronic myelogenous leukemia. from Iowa desire?

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7621 Mr. HARKIN. If the Senator would original goals. While the Human Em- Steffi Rothweiler from Falmouth, yield, I understand the Senator from bryonic Stem Cell Registry at the NIH ME, told the committee that she actu- Virginia wanted 10 minutes. I said I lists 78 stem cell lines, at best, no more ally couldn’t remember having a nor- didn’t intend to speak for half an hour; than 212 lines will ever be available for mal life without nights and weekends, I just wanted to speak for about 5 min- research under the current policy. and every hour of every day to take utes at 8 o’clock and yield back the re- Moreover, as Dr. John Gearhart of care of diabetes. She told us about her mainder of my time and he could speak Johns Hopkins University told the Spe- parents, who have given up their nights as long as he wanted to at that time. It cial Committee on Aging last year, ex- and weekends, and every hour of every is only 15 minutes from now. I thought isting lines are ‘‘contaminated with day to take care of her and make sure the Senator from Kansas was probably animal cells, lack genetic diversity, that she stays in tight control of her going to use up most of the time. are not disease-specific and are not blood sugar levels so that she can stay Mr. BROWNBACK. I was. But I un- adequate for researchers to apply to a as healthy as possible. Steffi asked derstood that my colleague wanted to wide variety of diseases.’’ Limiting re- that we do all that we can to find a speak on this particular issue. If the searchers to these lines therefore cure for diabetes as quickly as possible. Senator wants to summarize and my places huge and unnecessary road- We simply cannot ignore the potential colleague from Virginia wants to wait, blocks in the way of possible treat- that embryonic stem cell research I was offering him that courtesy be- ments and cures for devastating dis- holds for wonderful young people like cause he had discussed coming over eases like Alzheimer’s disease, ALS, Steffi. here early to do that. cancer and diabetes. I am sensitive to the ethical concerns Mr. WARNER. I am here to accom- We have learned a lot about stem raised by opponents of this research. modate all. cells since 2001. For example, scientists That is why I have cosponsored the leg- Would the Senator like to finish his have now crated methods for growing islation introduced by Senators remarks? stem cell lines that are free of animal SANTORUM and SPECTER to encourage Mr. HARKIN. I say to the Senator cells, greatly improving their potential the development of alternative meth- from Virginia, go ahead and take your for treating and curing disease. They ods for deriving stem cells without time. I will speak later. That is fine. have also created ‘‘disease specific’’ using embryos. (The remarks of Mr. WARNER are stem cell lines. Under the current pol- The fact is, however, that the em- printed in today’s RECORD under icy, however, these ‘‘new and im- bryos that will be used for this re- ‘‘Morning Business.’’) proved’’ stem cell lines are not avail- search would otherwise be discarded. In Ms. COLLINS. Mr. President, as a able to federally funded researchers in my view, the ethical choice is to use long-time supporter of stem cell re- the United States. them for research that may benefit search, I want to commend the major- It is therefore time for us to update millions of Americans rather than dis- ity leader for working out an agree- our stem cell policy to reflect what we card them as medical waste. ment that will give the Senate the op- have learned so that we can accelerate Moreover, what is often ignored in portunity to act on this critically im- this important research, which hold this debate is that embryonic stem cell portant issue. such promise for millions of Americans research is occurring in the private I am particularly pleased that the and their families. sector, where it is outside the purview Senate will finally have the oppor- The Stem Cell Research Enhance- of the NIH. It therefore lacks the sci- tunity to vote on the Stem Cell Re- ment Act lifts the current restriction entific and ethical oversight that rou- search Enhancement Act. I am proud so that stem cell lines are eligible for tinely occurs with federally funded re- to be a cosponsor of this bipartisan bill federally funded research regardless of search. Dr. Allen Spiegel, who was then which will expand the number of stem the date on which they were created. the Director of the National Institute cell lines that are eligible for federally Federal funding, however, would con- of Diabetes anti Digestive and Kidney funded research, enabling scientists to tinue to be restricted to stem cells de- Diseases, testified at our Children’s take full advantage of the scientific rived from embryos originally created Congress hearing last year. He told the and medical opportunities provided by for fertility treatments that are in ex- committee that, while NIH routinely stem cells. At the same time, it estab- cess of the clinical need and that other- works very closely with the private lishes standards and creates a frame- wise would be discarded. sector, in the area of stem cell re- work to ensure that this research is The legislation also requires the in- search, ‘‘there is a wall.’’ By expanding conducted ethically. formed consent of the donors and pro- our current stem cell policy, we are The promise of embryonic Stem cell hibits any financial inducement to do- tearing down that wall, allowing more lines lies with their potential to de- nate. Finally, the bill calls on the Na- research but with clear ethical stand- velop into virtually any cell, tissue, or tional Institutes of Health to develop ards. organ in the body. As a consequence, strict guidelines to ensure that re- Opponents of embryonic stem cell re- this research holds considerable poten- searchers adhere to clear ethical and search contend that adult stem cells tial to treat and even cure a vast array moral standards. derived from tissue, such as bone mar- of diseases and conditions. Researchers As the founder and co-chair of the row, are a sufficient replacement for could, for example, potentially gen- Senate Diabetes Caucus, I am particu- embryonic stem cells in forwarding erate insulin-producing islet cells for larly excited about the promise that this important research. I believe that patients with juvenile diabetes; neu- stem cell research holds for a cure for we need both. But, as Dr. Speigel told rons to treat Parkinson’s disease, ALS, diabetes. Early research has shown our committee, with regard to diabetes and Alzheimer’s disease; as well as that stem cells have the potential to research: bone marrow cells to treat cancer. It is develop into insulin-producing cells to We need to do embryonic stem cell first be- estimated that more than 100 million replace those that have been destroyed cause it can give us a better understanding Americans are currently afflicted by in people with type I diabetes. of what causes Type I diabetes . . . because Last year, I chaired a hearing in con- it will actually inform our ability to work diseases or disabilities that have the with adult stem cells . . . and finally, be- potential to be treated through this re- junction with the Juvenile Diabetes cause, and one cannot guarantee or promise search. Research Foundation’s Children’s Con- this, the embryonic stem cells themselves, if On August 9, 2001, President Bush an- gress to examine the devastating im- successfully turned into insulin-secreting nounced that Federal funds could, for pact that juvenile diabetes has had on beta cells, could be the source of cell ther- the first time, be used to support re- American children and their families. apy. search on embryonic stem cells. This We heard heartbreaking testimony Mr. President, I believe that it would research, however, was limited to ex- from children who had traveled to be tragic not to take advantage of this isting embryonic stem cell lines cre- Washington to tell Congress what it is opportunity to accelerate research that ated prior to 9 p.m. on that day. like to have diabetes, just how serious can potentially help millions of people. In the 4 years since the President it is, and how important it is that we I therefore urge my colleagues to join made that announcement, this stem fund the research necessary to find a me in voting for the Stem Cell Re- cell policy has fallen far short of its cure. search Enhancement Act.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7622 CONGRESSIONAL RECORD — SENATE July 17, 2006 The PRESIDING OFFICER. The Sen- cancer in the United States this year. While On behalf of the Leukemia and Lymphoma ator from Iowa. testicular cancer is one of the most curable Society, I am writing in response to asser- Mr. HARKIN. Mr. President, I will forms of cancer, our organization would like tions that adult stem cells have treated or not take the entire 25 minutes that are to emphasize as the Senate debates H.R. 810 cured several blood cancers, including sev- . . . that we have NOT completely eradicated eral leukemias, lymphomas and multiple left, but I did want to close out a little the disease. myeloma. bit today before we proceed into tomor- There is not an FDA-approved adult stem As a representative of more than 700,000 row by just responding to a few of the cell treatment generally available to treat patients and their caregivers in this country things that were said today to try to testicular cancer. that battle blood cancers on a daily basis, clear up a couple of issues. The Senator from Kansas kind of, in our organization would like to emphasize, as The Senator from Kansas, my good the Senate debates H.R. 810 . . . that we his comments, led us to think that exist today because we have not found cures friend, was going on and on about stem there might be. Here is what Dr. Nich- for these devastating diseases. . . . the claim cells, as he has most of the day, and ols said: that treatment of blood cancers with cord about how all these treatments and ev- Rather, adult stem cells enable testicular blood, blood or marrow stem cells—known as erything are out there. I could respond cancer patients to withstand a higher dose of hematopoietic stem cells—demonstrates a to every one of them, but I think what chemotherapy during treatment for the dis- potential of ‘‘adult stem cell’’ research or is we have to keep in mind is that if all ease. a substitute of embryonic stem cell research is misleading and disingenuous. of these diseases that the Senator from The adult stem cells enable patients Kansas talked about have been treated to withstand a higher dose of chemo- Again, this says that the claim that with adult stem cells, how come all of therapy. Dr. Nichols says: treatment of blood cancer with marrow stem cells demonstrates that adult the patient advocacy groups for these We support exploring every avenue of re- stem cells is a substitute is misleading diseases support H.R. 810? search, including embryonic stem cell re- One has to wonder, when you listen search within specified ethical limits, until a and disingenuous. Mr. Dahlman concludes: to the Senator from Kansas outline all cure is found. . . . these diseases that are being helped by The Lance Armstrong Foundation asks The Leukemia and Lymphoma Society asks that you and your colleagues pass H.R. adult stem cells. He brings up the pic- that you and your colleagues pass H.R. 810, and not accept any substitutes. 810, and not accept any substitutes. ture of the guy who had Parkinson’s. Mr. President, we have heard a lot of He was helped with adult stem cells. I ask unanimous consent that this letter from the Lance Armstrong Foun- talk about these embryos and that we But, again, he has now gone back and all started as a dot. I have often used he is where he was before. dation be printed in the RECORD. There being no objection, the mate- this example. I have said: What is an Well, if adult stem cells are doing so embryo? I have often put a dot on a much, why is the Parkinson’s group, rial was ordered to be printed in the RECORD, as follows: piece of paper and held it up for audi- the Parkinson’s Action Network, sup- ences to see and said that is what we LANCE ARMSTRONG FOUNDATION, porting H.R. 810? Why are all these ad- are talking about. It is that big, the vocacy groups supporting H.R. 810 if Austin, TX, July 14, 2006. Hon. WILLIAM FRIST, size of a period at the end of a sen- adult stem cells are so great? Are they Majority Leader, U.S. Senate, tence. That is not to diminish the im- just a bunch of stupid people out there? Washington, DC. portance of an embryo. But I use it in Have they been hoodwinked and mis- DEAR SENATOR FRIST: As a member of the comparison. An embryo at the blasto- guided? Lance Armstrong Foundation’s (LAF) Board cyst stage has between 100 and 200 These advocacy groups know. They of Directors, I am writing in response to as- cells. That embryo we are talking know what is going on. And they know sertions that adult stem cells have treated about that is in an in vitro fertilization or cured the disease of testicular cancer. that S. 2754 is no substitute for H.R. clinic and frozen in liquid nitrogen will 810. While adult stem cells are fine, as While the mission of the LAF is to inspire and empower people affected by ALL types of never become a human being unless I pointed out earlier, they have been cancer, I feel that it is important to set the and until it is implanted into a uterus investigating and doing science on record straight on this issue. and it takes hold and develops. Some- adult stem cells for over 30 years. Testicular cancer is the most common can- times they are implanted and they Now, just another little thing that cer among men ages 15–35 and approximately don’t take hold and they are dis- happened: The Senator from Kansas, I 8,000 men will be diagnosed with testicular charged. So an embryo is potential heard him say: Well, they have been in- cancer in the United States this year. While life—potential in that if it is implanted vestigating animal stem cells for 20 testicular cancer is one of the most curable and takes hold, it could become a years. forms of cancer, our organization would like human being. It is potential life. That might lead you to think: Well, to emphasize as the Senate debates H.R. 810, Look at this photo of Lauren Stan- the Stem Cell Research and Enhancement we have been looking at stem cells for Act, that we have NOT completely eradi- ford. She says: 20 years. Not so. We never derived cated the disease. I am so happy to hear that the Senate is human embryonic stem cells until There is not an FDA-approved adult stem thinking of passing H.R. 810. I can dream 1998—8 years ago. So I wanted to make cell treatment generally available to treat again—dream of that great day when I write the record clear on that. testicular cancer. Rather, adult stem cells a thank you letter to the Senate, the House, Now, the Senator also mentioned enable testicular cancer patients to with- and everyone who helped me become just an- other girl; a girl who dreamed and hoped and something about testicular cancer. He stand a higher dose of chemotherapy during treatment for the disease. one day got just what she wanted; her health made all kinds of claims about adult We support exploring every avenue of re- and future. stem cells helping testicular cancer. search, including embryonic stem cell re- Lauren Stanford has diabetes. She Let me read from a letter written by search within specified ethical limits, until a knows what will happen if she is not Craig Nichols, MD, a member of the cure is found. The most respected scientists cured. At some point in her life, she board of the Lance Armstrong Founda- in our field view embryonic stem cells as an will probably become blind. At some tion. We all know the Lance Armstrong area of research that must be explored, and point in her life, she will probably lose one that our government must make a com- Foundation is basically focused on tes- a foot, a leg, one or more of her limbs. ticular cancer because that is what mitment to support. The Lance Armstrong Foundation asks that you and your col- At some point in her life, diabetes will Lance Armstrong had. And he licked it. leagues pass H.R. 810, and not accept any take her. Lauren Stanford. I don’t But let me quote from the letter writ- substitutes. know her. I don’t know that I ever met ten on July 14: Sincerely, Lauren Stanford. This is not potential Dear Senator FRIST: CRAIG NICHOLS, M.D., life; this is real life. This is a human As a member of the Lance Armstrong Member of the Board, being who is living right now. Foundation’s Board of Directors, I am writ- Lance Armstrong Foundation. That dot on the paper is an embryo. ing in response to assertions that adult stem Mr. HARKIN. Now, we hear claims Is it alive? Of course it is alive. Is it a cells have treated or cured the disease of tes- that leukemia and lymphomas have ticular cancer. . . . I feel that it is important human being? No. It is potential life. to set the record straight on this issue. been cured or treated by adult stem Lauren Stanford is real life. Testicular cancer is the most common can- cells. Here is what George Dahlman of Read the bill. Read H.R. 810. Ethical cer among men ages 15–35 and approximately the Leukemia and Lymphoma Society guidelines. We can only use those em- 8,000 men will be diagnosed with testicular has to say about that: bryos that are left over from in vitro

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7623 fertilization that are going to be dis- mice where spinal cords have been re- there were not; there were only 21 carded. Read the bill: connected using embryonic stem cells. lines. We didn’t know they were all Prior to the consideration of embryo dona- He knows that. I have never heard him contaminated with mouse feeder cells. tion and through consultation with the indi- say it, but I suppose he would probably They can’t be used for human thera- viduals seeking fertility treatment, it was echo what Christopher Reeve once said: pies. That he will say in light of all determined that the embryos would never be Oh, to be a rat. that we know now, and with the strict implanted in a woman and would otherwise He knows that. That is real life. ethical guidelines we have in this bill, be discarded. Kelly is a real person. He is alive. He is I see fit to sign into law H.R. 810. Written consent. not potential life. That is our decision That is my hope. That is the hope of The individuals seeking fertility treatment when we face the vote tomorrow on Lauren Stanford. That is the hope of donated the embryos with written informed H.R. 810. the millions of Americans out there consent and without receiving any financial So all these other arguments about who suffer from Alzheimer’s, the mil- or other inducements to make the donation. adult stem cells and this kind of stuff, lions who suffer from spinal cord inju- It has to be determined, before any fine, I have nothing against adult stem ries and their families and caregivers embryo could ever be used for stem cell cell research. I am in favor of it. We and Parkinson’s and ALS, and so many derivation, that the embryos would ought to keep it going. But to choke more. never be implanted in a woman and off—not what I say but what the lead- Tonight they are praying—they are would otherwise be discarded. Every ing scientists say, the leading Nobel praying—that a miracle occurs and day, fertility clinics discard unwanted Prize winners say, what all of these that the President will change his embryos. People have IVF—50,000 ba- disease groups who have medical peo- mind and sign this bill. And until the bies were born last year to couples who ple sitting on their boards, what they very moment that he vetoes it, I will wanted to have a baby and could not all say is the most promising avenue of remain hopeful that miracle will occur. and needed IVF. But some embryos research for curing Alzheimer’s, juve- Mr. President, I yield the floor and were left over. Well, couples who have nile diabetes, spinal cord injuries, Par- suggest the absence of a quorum. had their children then call up the clin- kinson’s, and ALS, the most promising The PRESIDING OFFICER. The ic or the clinic calls them and the clin- is not adult stem cells. It is embryonic clerk will call the roll. ic says: Do you want to continue to pay stem cells. That is what they say, not The assistant legislative clerk pro- for us to keep these embryos frozen? me. ceeded to call the roll. If you have had your children and To cut that off and to say, no, we Mr. FRIST. Mr. President, I ask you don’t want to expand your family, won’t do it is telling Lauren Stanford unanimous consent the order for the you say: No, I don’t want to pay for that potential life, that an embryo the quorum call be rescinded. The PRESIDING OFFICER. Without that anymore. Guess what. The IVF size of a pencil dot, yes, is life; it is objection, so ordered. clinic discards it. I have heard they ba- human potential that is as important sically throw them in the sink and as she is; that they have equal weight f wash them down the sink. They are on the scales. I am sorry, Mr. Presi- MORNING BUSINESS only as big as a period at the end of a dent, I don’t think so, not when it is Mr. FRIST. I ask unanimous consent sentence. going to be discarded, legally thrown there now be a period for morning busi- So the real question for us really down the drain. And as long as we have ness with Senators permitted to speak comes down to that, unless we want to strict ethical guidelines in the bill— for up to 10 minutes each. outlaw in vitro fertilization and make strict ethical guidelines, more than ex- The PRESIDING OFFICER. Without it a crime, which I don’t hear anybody ists right now, stronger ethical guide- objection, it is so ordered. here wanting to do. As long as we have lines than are in the law right now. f in vitro fertilization and have leftover To me, there is really only one an- embryos, the real question for us is swer. We should be in favor of this real THE GREAT COMPROMISE; AN this: If the donors of those embryos, life of curing diseases, seeking treat- AMERICAN MOMENT through written informed consent, de- ments and cures in an ethical manner, Mr. BYRD. Mr. President, yesterday, termine it will never be implanted in a which is what this bill does. So I hope July 16, was the anniversary of one of woman and will be discarded, is it bet- that tomorrow we have an over- the greatest events in American his- ter to have them discarded and flushed whelming vote in favor of H.R. 810. tory. It was 219 years ago that our down the drain or used for the kind of I understand today the administra- Founding Fathers were meeting at the scientific research that will cure tion came out with a Statement of Ad- Constitutional Convention in Philadel- Lauren Stanford of her diabetes? Po- ministration Policy, or SAP as it is phia, attempting to formulate a work- tential life versus real life. Potential called around here, saying the Presi- able plan of Government. At the time, life that will be discarded versus real dent would veto it. I hope the Presi- the young American Government was life. Potential life that will be flushed dent rethinks this. He is overseas any- operating under the Articles of Confed- down the drain versus Lauren Stan- way. Let’s face it, we are all kind of eration, which every day was proving ford, real life. That is the question for captives of our staff around here. Staff to be unworkable. us. tells us this and that. OMB says this, For 7 weeks, the Constitutional Con- We hear all of these arguments OMB says that. I am hopeful this is the vention had been working to devise a around here about we were all an em- work of some staff, that the President better form of Government, a ‘‘more bryo at one time. Of course we were. hasn’t thought about it. He has been perfect union.’’ It would be a Govern- The question is, What happens to all overseas focused on the G8; now, I am ment with three branches: an executive those embryos? Right now, they are sure, focused on the Middle East. branch, a legislative branch, and a ju- being discarded, and it is perfectly I hope when President Bush thinks dicial branch. The branches of the Gov- legal to do so. I don’t see anyone here about it that he remembers Lauren ernment would have separated powers with legislation saying it is going to be Stanford, that he will remember the and the ability to check and balance a crime for them to be discarded, a letter from Nancy Reagan and he will one another. crime to have in vitro fertilization. come down on the side of real life, and The Convention delegates had al- Really, that is the choice. Do we dis- he will come down on the side of an ready made a number of important de- card potential life or do we use it to ethical approach to embryonic stem cisions about the structure of the Con- save real life? This is not potential life, cell research. gress. The Convention had set the min- this is real. I still believe in miracles, and I hope imum age for Members of the Senate at My nephew Kelly, who suffered a a miracle will occur and the President 30 and a term length at 6 years, as op- tragic accident on an aircraft carrier 27 of the United States finds it in his posed to 25 years of age for Members of years ago, hasn’t walked since. He heart to say that what he did on Au- the House of Representatives, who keeps hope alive that one day he will gust 9, 2001, was done with a lack of would have 2-year terms. walk again. He knows about the re- adequate knowledge. He can say: Look, But then came the stumbling block, search that has been done on rats and we thought there were 78 lines, and how the States would be represented in

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7624 CONGRESSIONAL RECORD — SENATE July 17, 2006 Congress. Delegates from the large Mr. DORGAN. Mr. President, let me I turn now again to the fact that this States believed that because their thank the Senator from West Virginia is so important, it deserves the consid- States contributed more to the Na- for reminding us, once again, of an im- eration of every Senator and a debate tion’s financial and defensive re- portant part of this country’s great of some length. I don’t know about the sources, they should have greater rep- history. He educates all of us on the schedule of the Senate, but if we are resentation in the legislative bodies. floor of the Senate, and I appreciate his going to go forward and send a message Small State delegates demanded that comments. to the world about our position in the all States be equally represented in Mr. BYRD. Mr. President, I thank Senate with respect to the conflicts in both Houses. the distinguished Senator. Were it not Palestine, Lebanon, and Israel, and the Hours, even days, of heated, conten- for that compromise, we would not be suffering that is taking place on all tious debate followed. A number of pro- here today. There would be no Senate. borders, each side of the various bor- posals, including one by Benjamin There would be no Republic as we know ders, then it deserves very careful con- Franklin, were considered and rejected. it. sideration. Stalemate was in the air. Failure I thank the Senator. The purpose of me taking the floor is threatened the Convention and the The PRESIDING OFFICER. The Sen- to point out some areas which deserve youthful Republic was stymied, ator from Virginia. full consideration in that debate which stopped in its tracks. If the Constitu- f are not included. I don’t criticize the tional Convention collapsed, it meant drafter of this resolution, but it re- THE MIDDLE EAST that the American Government would quires the consideration of the whole have to continue operating under the Mr. WARNER. Mr. President, I thank Senate rather than a unanimous con- flawed and failing Articles of Confed- the distinguished Presiding Officer. sent with a number of Senators who eration. During the course of the day, there may not be here tonight. So maybe it was a miracle in Phila- was brought to the attention of the In the course of that debate, I urge a delphia. It may have been divine inter- Members of the Senate a resolution re- larger focus. For example, there is no vention. Who knows. Perhaps it was be- garding the situation in the Middle mention in the resolution of some per- cause there were great political leaders East. It was my understanding this res- haps 25,000 Americans who are trapped and they acted as mature political olution would be brought to the Senate or engulfed in one way in this conflict. statesmen. Politics, it is said, is the tonight and that presumably it would How best do we address this conflict to art of compromise. And this is exactly be agreed to by the Senate. help protect those 25,000 persons? That what our Founding Fathers did; they My concern is that there are certain is an essential part of this debate. compromised. They worked out a com- additional matters which should be in- Second, I said the following on Fri- promise, the Great Compromise, also cluded. If the Senate is going to exer- day night in response to a press inquiry known as the Connecticut Compromise cise the important act of bringing this when I first learned of this conflict: because it was designed by the Con- up, seeking unanimous consent, and While I fully recognize that Israel was a necticut delegates Roger Sherman and the message goes out all over the world victim of provocative attacks on her people Oliver Ellsworth. It provided a dual that the Senate has spoken, I would and sovereignty, I urge the Administration system of congressional representa- support what is in this resolution. I be- to think through very carefully how Israel’s extraordinary reaction could affect our oper- tion. In the House of Representatives, lieve now that is not going to take place tonight for various reasons. ations in Iraq and our joint diplomatic ef- every State would be assigned a num- forts to resolve the Iranian nuclear issue. ber of seats in proportion to its popu- It is imperative that I address what This is a very critical time for the United lation. In the Senate, all States would was to have taken place, what I was States in the Middle East, and the Israeli ac- have the same number of seats. told was to have taken place, assuming tions will certainly have an impact beyond Just 8 days after the Great Com- the unanimous consent could be just Lebanon and Gaza. promise was adopted, the Convention achieved on both sides. I stand by that statement. That is was able to elect a committee to draft No. 1, this matter is so important, it why I urge, and I am pleased to say a detailed Constitution embodying the deserves an opportunity for a number this resolution, at such time as it fundamental principles of the pro- of Senators to speak on a resolution of would be brought up, will be broadened ceedings. this import. I am now advised by our to cover the other points. Today, representation of the two cloakroom that it will not be taken up First, are the 25,000 Americans Houses of Congress seems so logical tonight, but I will take this oppor- trapped? Second, this Nation has made and so accepted that we take it for tunity to address parts of it or at least a very great sacrifice to achieve goals granted. Perhaps it is for that reason one part that I think should bear fur- established by our President and a coa- that we pass this anniversary with very ther careful drafting and possibly be lition of forces associated with our little notice, too little notice—that is a changed. Otherwise, it is only one sec- country in both Iraq and Afghanistan. shame—and no fanfare. It was a crucial tion, on page 3, item 3, which says: Over 2,500 have lost their lives in Iraq; moment in history. An American mo- (3) urges the President to continue fully over 300 have lost their lives in Afghan- ment. It should be recognized and hon- supporting Israel as Israel exercises its right istan. That is U.S. forces. Our coalition ored and remembered. of self-defense in Lebanon and Gaza; partners have lost. We have 20,000-plus Thou, too, sail on, O Ship of State! There is no question about their wounded, many severely wounded in Sail on, O Union, strong and great! right of self-defense against Hezbollah Iraq and Afghanistan. And $436 billion Humanity with all its fears, and Hamas, but I wondered whether we is a rough calculation of just a part, With all the hopes of future years, should draft it in this way. not all, but a significant part of the in- Is hanging breathless on thy fate! I urge those, since we are not going vestment of our country in achieving We know what Master laid thy keel, to take it up tonight, to make sure our goals in those nations, of stabi- What Workmen wrought thy ribs of steel, there is not an ambiguity there be- lizing their governments now with free Who made each mast, and sail, and rope, What anvils rang, what hammers beat, cause the people of Lebanon are suf- elections in both countries and hope- In what a forge and what a heat fering enormously at this time, as are fully enabling those governments to Were shaped the anchors of thy hope! the people in Gaza. Many of those peo- gain the strength to provide for the Fear not each sudden and sound and shock, ple are not aligned with either peoples of Iraq and Afghanistan, a ’Tis of the wave and not the rock; Hezbollah or Hamas. measure of liberty and freedom and ’Tis but the flapping of the sail, I am also concerned about the Gov- possibly democracy which we enjoy And not a rent made by the gale! ernment in Lebanon and the actions here and in other nations. In spite of rock and tempest’s roar, which are taking place now, what do What is the effect of any statement In spite of false lights on the shore, we do if that Government were to fall. made by the Senate? What is the effect Sail on, nor fear to breast the sea! Our hearts, our hopes, are all with thee, I would vote for this resolution if it on that very fragile situation in both Our hearts, our hopes, our prayers, our tears, were brought up tonight. I would have countries? There is a resurgence in Af- Our faith triumphant o’er our fears, addressed the Senate and brought up ghanistan. I was just there a short time Are all with thee—are all with thee! other matters which I will now discuss. ago—and each of us have followed the

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7625 news to date—a resurgence in the along with Senator FRIST, who is the VISIT TO NEW ORLEANS fighting. NATO has come in. lead sponsor, and Senators REID, Mr. FEINGOLD. Mr. President, I re- We cannot just address one portion of BIDEN, SANTORUM, NELSON of Florida, cently made a brief visit to New Orle- the Middle East conflict without seeing KYL, BOND, and LEVIN. It is a resolu- ans to see for myself where things how the manner in which we address tion that condemns Hezbollah and ex- stand now, not quite 11 months after that could affect the other areas, nota- presses support for Israel’s right to self Hurricane Katrina hit the gulf coast. bly Afghanistan and Iraq. defense. Katrina, of course, was the first of two So I say to my colleagues, as I said All of us are watching in horror what major hurricanes to ravage that area Friday night, we urge our President, is happening there, and I think it is im- last year. I only had the chance to see our administration, as they take such, portant that the United States Senate a small part of the area hit by that hopefully, bold and firm and con- speak forcefully in support of our first storm, but what I did see was vincing initiatives in regard to the con- President. The G–8 leaders have spoken striking. flicts in Israel and Gaza and Lebanon, this week to condemn Hezbollah and The news reports cannot fully convey to be mindful of how it could impact on terrorist activities and to ask the Gov- the devastation or the enormity of the our conflicts in Afghanistan and Iraq ernment of Lebanon to help find the problems the region faces in trying to and our negotiations thus far with Iran Israeli soldiers who are being held hos- put things back in working order. One in participating with other nations— tage and free them and to disarm problem feeds into another. Businesses not unilaterally—to try to bring about Hezbollah. can’t get back up and running without some resolution of what many of us Mr. President, there should be no employees. Workers don’t want to re- considered up until this conflict—and I misunderstanding. Israel has fully turn without a safe place to live, with- am not sure how we are going to even- complied with the United Nations man- out a school for their children, and tually characterize the magnitude and date. They have no forces in Lebanon without health care and other essential the future potential spreading of this and yet they have continued to with- services upon which we all rely. Hos- conflict—but certainly up until this stand attack after attack from pitals and other health providers face conflict, in my judgment, the potential Hezbollah. the same staffing shortages that busi- of Iran gaining nuclear weapons was nesses face. The neighborhood schools absolutely—there was nothing more se- We watched with sadness last year face challenges both in the physical in- rious, in my judgment, than to try to when Lebanon’s former Prime Minister frastructure—providing a safe place in resolve that. was assassinated by terrorists. which kids can learn—and staffing There is no reference in here to the I think we have to put the blame shortages. All of these issues must be other Arab nations. It is quite inter- where we believe it lies. We know Iran addressed. esting; some of those nations have and Syria are infiltrating Lebanon Housing is an overarching challenge. come forward in strong condemnation, with support for Hezbollah and Hamas. I saw neighborhood after neighborhood joined our country, joined other na- We know Hezbollah and Hamas are still empty and unlivable. The outside tions, in condemning Hamas and committed to the destruction of Israel. shell of some homes was still standing, Hezbollah. That is of importance. Since 1948 it has been forced to contin- but the inside was uninhabitable be- Now we see today that so many na- ually fight for its very existence, and cause of the flood of toxic liquid filth tions say the United States must take yet in the middle of this it has stood as that soaked into those houses. a stronger role in trying to work our a democratic form of government, with I also saw lots where homes had way through this conflict, yes, sup- a free economy. Israel has never stood but where now there was nothing porting Israel but at the same time backed away from its fundamental but a slab of concrete. While many are trying to bring about some resolution commitment to freedom and human living in the notorious FEMA trailers, to spare the life and limb and suffering liberty. many others, I understand, are having in Palestine, Lebanon, and Israel, to So, Mr. President, I think this is a hard time getting approval for a see that it not spread to other areas. something the United States Senate trailer. I was pleased to learn a little Now, our President has indicated should stand firm with this bipartisan bit more about the so-called Katrina that the Secretary of State will soon resolution that says we do support our cottages that might be an alternative embark on a mission. What we say in President and the G–8 leaders and con- to the trailers, and I look forward to the Senate must be carefully drafted so demn Hezbollah. We encourage the learning still more about them. So much still needs to be done that it does not remove the flexibility that Government of Lebanon, to stop these one can be overwhelmed by the size of our Secretary of State—a very able attacks on Israel, and locate and re- the task that remains. I have a great person—will need in helping to resolve turn the soldiers who have been taken deal of respect for those who have this problem. hostage. Let’s add our voice to that of made the commitment to remain in or So I say that historically this Nation the unified leaders of the world who are move back to the city, for those who has stood steadfast, and I am proud saying this should not be allowed to are working to make the neighbor- that I have been among those in this happen. Chamber in my 28 years here, to hoods habitable again, for the State strongly support Israel. Our Nation is We must speak together, we must and local law enforcement, the Na- viewed upon as an honest broker—rec- stay together, we must support Israel’s tional Guard, and all the other dedi- ognizing our support of Israel but as an right to self-defense and understand cated individuals who are working so honest broker. If the world is going to that they should have the support of a hard to bring the region back. look to us as to how we can provide unified world community, saying to I still have a lot to learn about the that leadership, I do not want any loss the terrorists and the governments particulars of what is needed in New of flexibility on the part of the Presi- that are supporting the terrorists— Orleans and the other areas ravaged by dent and the Secretary of State and Hamas, Hezbollah, Iran, Syria sup- Hurricanes Katrina and Rita—what is such others who may be tasked to try porting them—that the world is not working, what has not worked, what to work out this situation. going to sit by and let people be terror- Congress can still do to help. My cen- Yes, I conclude our support for Israel ized. This is a global war on terror, and tral message today is that people from is very strong, Mr. President, but it we must speak. other parts of the country should not cannot be unconditional. I thank the distinguished Senator think that the gulf coast has recovered I yield the floor. from Kansas for allowing me to speak. from those two hurricanes. That sim- f I know I am speaking during the stem ply isn’t the case. People are making cell debate. The resolution will be con- progress, but there is still a very long CONDEMNING HEZBOLLAH sidered soon, and I wanted to speak on way to go. Mrs. HUTCHISON. Mr. President, I the floor because I think it is so impor- To put it in perspective, I will com- rise to speak in support of a resolution tant what is happening in the world pare it to another place I visited ear- the Senate is expected to soon con- today, and we must speak as a unified lier this year: Banda Aceh, Indonesia. I sider, and which I have cosponsored, voice in the Senate. was there in February, a little more

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7626 CONGRESSIONAL RECORD — SENATE July 17, 2006 than a year after it was devastated by thrived in immigrant communities, but EC–7537. A communication from the Dep- the tsunami in late 2004. Having been the U.S. had neither a professional uty Secretary of Defense, transmitting, pur- to both places, I was struck by what league nor its own soccer icons. After suant to law, a report on the military oper- the people in Banda Aceh and New Or- fighting through adversity and dis- ations of the Armed Forces and the recon- struction activities of the Department of De- leans had in common, both because of crimination to become a successful en- fense in Iraq and Afghanistan for the period what they went through and because of trepreneur, Eid dedicated more and ending April 30, 2006; to the Committee on the incredible resilience they have more time to helping the game he Armed Services. shown in the wake of those tragedies. loved gain ground. Thanks to his ef- EC–7538. A communication from the Regu- But I was just as struck by how those forts, and the efforts of other vision- lations Coordinator, Centers for Medicare places differed—especially how, in aries like him, soccer is the most wide- and Medicaid Services, Department of many ways, New Orleans seemed worse ly played game in America. Health and Human Services, transmitting, off than Banda Aceh did a year after Mr. Eid is survived by a wonderful pursuant to law, the report of a rule entitled ‘‘Medicare Program; Citizenship Documenta- the disaster. family. He was especially proud of his tion Requirements’’ (RIN0938–AO51) received When I visited Banda Aceh in Feb- two grandchildren, Alex and Emily Eid. on July 11, 2006; to the Committee on Fi- ruary 2006—a little over a year after Earlier this year he saw his daughter- nance. the original tsunami hit—though many in-law, Allison, appointed by Governor EC–7539. A communication from the Assist- of the reconstruction programs had yet Bill Owens to the Colorado Supreme ant Secretary, Legislative Affairs, Depart- to be completed, there was visible Court. And he saw his son, Troy, nomi- ment of State, transmitting, pursuant to the progress being made, thanks in large nated by President Bush to be Colo- Arms Export Control Act, the certification part to the generosity of the American rado’s next U.S. Attorney. of a proposed license for the export of de- fense articles or defense services sold com- taxpayer. I saw homes, roads, build- The legacy of Ed Eid’s life is clear. In mercially under contract in the amount of ings, and bridges being built with funds the soccer leagues of Colorado, in all $100,000,000 or more to Germany; to the Com- that the American Government gener- the communities he has touched, and mittee on Foreign Relations. ously gave to the victims of the tsu- in a sport whose popularity is growing EC–7540. A communication from the Assist- nami. by leaps and bounds, he will be sorely ant General Counsel, Division of Regulatory I strongly support the aid we have missed.∑ Services, Department of Education, trans- mitting, pursuant to law, the report of a rule given to those in Banda Aceh and oth- f ers who were the victims of the tsu- entitled ‘‘Establishment of Regulations for the Academic Competitiveness Grant and nami in 2004, and no one disputes that MESSAGE FROM THE HOUSE National Science and Mathematics Access to we have responsibility to help them re- Retain Talent Grant Programs, and Grant build. But we cannot let the disasters and Loan Program Amendments; Interim of Hurricanes Katrina and Rita be for- ENROLLED BILLS SIGNED Rule’’ received on July 11, 2006; to the Com- gotten. We have a special duty to the At 7:37 p.m., a message from the mittee on Health, Education, Labor, and people of the Gulf Coast who still need Pensions. House of Representatives, delivered by EC–7541. A communication from the Prin- us. Almost a year later, after more Ms. Niland, one of its reading clerks, than 1,500 people were killed and count- cipal Deputy Associate Administrator, Office announced that the Speaker has signed of Policy, Economics, and Innovation, Envi- less lives were disrupted, our fellow the following enrolled bills: ronmental Protection Agency, transmitting, Americans do still need us. We still S. 655. An act to amend the Public Health pursuant to law, the report of a rule entitled need to stand by them as they rebuild Service Act with respect to the National ‘‘Approval and Promulgation of Air Quality their lives, and I know the people of Foundation for the Centers for Disease Con- Implementation Plan; Idaho’’ (FRL No. 8191– Wisconsin stand ready to help. trol and Prevention. 6) received on July 11, 2006; to the Committee on Environment and Public Works. f H.R. 2872. An act to require the Secretary the Treasury to mint coins in commemora- EC–7542. A communication from the Prin- cipal Deputy Associate Administrator, Office ADDITIONAL STATEMENTS tion of Louis Braille. of Policy, Economics, and Innovation, Envi- f ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled HONORING THE LIFE OF A GREAT MEASURES DISCHARGED ‘‘Approval and Promulgation of Air Quality COLORADAN The following measure was dis- Implementation Plans; Rhode Island Update to Materials Incorporated by Reference’’ ∑ Mr. SALAZAR. Mr. President, I charged from the Committee on Envi- ronment and Public Works by unani- (FRL No. 8185–1) received on July 11, 2006; to would like to recognize the life of Ed- the Committee on Environment and Public ward G. Eid, the head of the Colorado mous consent, and referred as indi- Works. State Soccer Association, CSSA, who cated: EC–7543. A communication from the Prin- died recently while attending the H.R. 125. An act to authorize the Secretary cipal Deputy Associate Administrator, Office World Cup soccer tournament in Mu- of the Interior to construct facilities to pro- of Policy, Economics, and Innovation, Envi- nich, Germany. vide water for irrigation, municipal, domes- ronmental Protection Agency, transmitting, tic, military, and other uses from the Santa pursuant to law, the report of a rule entitled Ed Eid passionately believed in the ‘‘Approval and Promulgation of Air Quality power of soccer to bring people to- Margarita River, California, and for other purposes; to the Committee on Energy and Implementation Plans; Virginia; NSR in the gether. He knew that the beautiful Natural Resources. Ozone Transport Region’’ (FRL No. 8196–8) game, as we saw in this year’s World received on July 11, 2006; to the Committee Cup, can bridge national, linguistic, ra- f on Environment and Public Works. cial, economic, and cultural gaps. EC–7544. A communication from the Prin- MEASURES PLACED ON THE cipal Deputy Associate Administrator, Office Ed Eid used soccer to strengthen and CALENDAR bind communities in our State and of Policy, Economics, and Innovation, Envi- ronmental Protection Agency, transmitting, across the globe. As a coach, he took a The following bill was read the sec- ond time, and placed on the calendar: pursuant to law, the report of a rule entitled team to compete behind the Iron Cur- ‘‘Approval and Promulgation of Air Quality tain, recognizing that shared passions H.R. 9. An act to amend the Voting Rights Implementation Plans; West Virginia; Redes- for sport could warm a relationship be- Act of 1965. ignation of the City of Weirton PM–10 Non- tween superpowers. At CSSA he f attainment Area to Attainment and Ap- reached out to teams from immigrant proval of the Maintenance Plan’’ (FRL No. communities, helping kids from all EXECUTIVE AND OTHER 8197–1) received on July 11, 2006; to the Com- walks of life learn the game and par- COMMUNICATIONS mittee on Environment and Public Works. EC–7545. A communication from the Prin- ticipate in leagues. The following communications were cipal Deputy Associate Administrator, Office When Ed Eid immigrated to the U.S. laid before the Senate, together with of Policy, Economics, and Innovation, Envi- in 1958, soccer had not yet entered the accompanying papers, reports, and doc- ronmental Protection Agency, transmitting, American mainstream. The sport uments, and were referred as indicated: pursuant to law, the report of a rule entitled

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7627 ‘‘Indiana; Final Approval of State Under- 120, –120ER, –120FC, –120QC, and –120RT Air- tion, Department of Transportation, trans- ground Storage Tank Program’’ (FRL No. planes’’ ((RIN2120–AA64)(Docket No. 2006– mitting, pursuant to law, the report of a rule 8195–8) received on July 11, 2006; to the Com- NM–016)), received on July 11, 2006; to the entitled ‘‘Airworthiness Directives; BAE mittee on Environment and Public Works. Committee on Commerce, Science, and Systems Limited Model BAe 146 and Avro EC–7546. A communication from the Prin- Transportation. 146-RJ Airplanes’’ ((RIN2120-AA64)(Docket cipal Deputy Associate Administrator, Office EC–7555. A communication from the Pro- No. 2006-NM-178)), received on July 11, 2006; of Policy, Economics, and Innovation, Envi- gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, ronmental Protection Agency, transmitting, tion, Department of Transportation, trans- and Transportation. pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule EC–7565. A communication from the Pro- ‘‘National Emission Standards for Hazardous entitled ‘‘Airworthiness Directives; Viking gram Analyst, Federal Aviation Administra- Air Pollutants for Integrated Iron and Steel Air Limited Model DHC-7 Airplanes’’ tion, Department of Transportation, trans- Manufacturing Facilities’’ (FRL No. 8196–6) ((RIN2120-AA64)(Docket No. 2006-NM-049)), mitting, pursuant to law, the report of a rule received on July 11, 2006; to the Committee received on July 11, 2006; to the Committee entitled ‘‘Airworthiness Directives; on Environment and Public Works. on Commerce, Science, and Transportation. Raytheon Model Hawker 800XP Airplanes’’ EC–7547. A communication from the Pro- EC–7556. A communication from the Pro- ((RIN2120-AA64)(Docket No. 2006-NM-017)), gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received on July 11, 2006; to the Committee tion, Department of Transportation, trans- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–7566. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- Scott City, KS’’ ((RIN2120–AA66)(Docket No. Model A321-100 Series Airplanes’’ ((RIN2120- tion, Department of Transportation, trans- 06–ACE–2)) received on July 11, 2006; to the AA64)(Docket No. 2006-NM-084)), received on mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and July 11, 2006; to the Committee on Com- entitled ‘‘Airworthiness Directives; Rolls- Transportation. merce, Science, and Transportation. Royce plc RB211 Series Turbofan Engines’’ EC–7548. A communication from the Pro- EC–7557. A communication from the Pro- ((RIN2120-AA64)(Docket No. 2003-NE-12)), re- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- ceived on July 11, 2006; to the Committee on tion, Department of Transportation, trans- tion, Department of Transportation, trans- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–7567. A communication from the Pro- entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; Bom- gram Analyst, Federal Aviation Administra- Procedures (60); Amdt. No. 3170’’ ((RIN2120– bardier Model CL-600-2B19 Airplanes’’ tion, Department of Transportation, trans- AA65)(Docket No. 30498)) received on June 11, ((RIN2120-AA64)(Docket No. 2006-NM-233)), mitting, pursuant to law, the report of a rule 2006; to the Committee on Commerce, received on July 11, 2006; to the Committee entitled ‘‘Airworthiness Directives; Viking Science, and Transportation. on Commerce, Science, and Transportation. Air Limited Model DHC-7 Airplanes’’ EC–7558. A communication from the Pro- EC–7549. A communication from the Pro- ((RIN2120-AA64)(Docket No. 2002-NM-184)), gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received on July 11, 2006; to the Committee tion, Department of Transportation, trans- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–7568. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing entitled ‘‘Standard Instrument Approach gram Analyst, Federal Aviation Administra- Model 757 Airplanes’’ ((RIN2120-AA64)(Docket Procedures (38); Amdt. No. 3171’’ ((RIN2120– tion, Department of Transportation, trans- No. 2005-NM-192)), received on July 11, 2006; AA65)(Docket No. 30499)) received on June 11, mitting, pursuant to law, the report of a rule to the Committee on Commerce, Science, 2006; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; Airbus and Transportation. Science, and Transportation. EC–7559. A communication from the Pro- Model A300 B4-600R and A300 F4-600R Series EC–7550. A communication from the Regu- gram Analyst, Federal Aviation Administra- Airplanes’’ ((RIN2120-AA64)(Docket No. 2005- latory Ombudsman, Federal Motor Carrier tion, Department of Transportation, trans- NM-211)), received on July 11, 2006; to the Safety Administration, Department of mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and Transportation, transmitting, pursuant to entitled ‘‘Airworthiness Directives; Bom- Transportation. law, the report of a rule entitled ‘‘Parts and bardier Model CL-600-2B19’’ ((RIN2120- EC–7569. A communication from the Pro- Accessories Necessary for Safe Operation: AA64)(Docket No. 2006-NM-214)), received on gram Analyst, Federal Aviation Administra- Protection Against Shifting and Falling July 11, 2006; to the Committee on Com- tion, Department of Transportation, trans- Cargo’’ (RIN2126–AA88) received on July 11, merce, Science, and Transportation. mitting, pursuant to law, the report of a rule 2005; to the Committee on Commerce, EC–7560. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing Science, and Transportation. gram Analyst, Federal Aviation Administra- Model 737-600, -700, -700C, -800, and -900 Series EC–7551. A communication from the Pro- tion, Department of Transportation, trans- Airplanes’’ ((RIN2120-AA64)(Docket No. 2004- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule NM-238)), received on July 11, 2006; to the tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Model 767 Airplanes’’ ((RIN2120-AA64)(Docket Transportation. entitled ‘‘Airworthiness Directives; Empresa No. 2006-NM-228)), received on July 11, 2006; EC–7570. A communication from the Pro- Brasileira de Aeronautica S.A. Model ERJ to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- 170–100 LR, –100 STD, –100 SE, and –100 SU and Transportation. tion, Department of Transportation, trans- Airplanes; and Empresa Brasileira de EC–7561. A communication from the Pro- mitting, pursuant to law, the report of a rule Aeronautica S.A. Model ERJ 190–100 LR, –100 gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Engine STD, and –100 IGW Airplanes’’ ((RIN2120– tion, Department of Transportation, trans- Components Incorporated Reciprocating En- AA64)(Docket No. 2006–NM–111)), received on mitting, pursuant to law, the report of a rule gine Connecting Rods’’ ((RIN2120- July 11, 2006; to the Committee on Com- entitled ‘‘Airworthiness Directives; Boeing AA64)(Docket No. 2005-NE-07)), received on merce, Science, and Transportation. Model 777-200 and -300 Series Airplanes’’ July 11, 2006; to the Committee on Com- EC–7552. A communication from the Pro- ((RIN2120-AA64)(Docket No. 2006-NM-278)), merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- received on July 11, 2006; to the Committee EC–7571. A communication from the Pro- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–7562. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Model A318, A319, A320, and A321 Airplanes’’ tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing ((RIN2120–AA64)(Docket No. 2006–NM–101)), mitting, pursuant to law, the report of a rule Model 747-100B, 747-200B, 747-200F, 747-300, 747- received on July 11, 2006; to the Committee entitled ‘‘Airworthiness Directives; Boeing 400, 747-400F, and 747SP Series Airplanes’’ on Commerce, Science, and Transportation. Model 767-200 and -300 Series Airplanes’’ ((RIN2120-AA64)(Docket No. 2006-NM-036)), EC–7553. A communication from the Pro- ((RIN2120-AA64)(Docket No. 2006-NM-123)), received on July 11, 2006; to the Committee gram Analyst, Federal Aviation Administra- received on July 11, 2006; to the Committee on Commerce, Science, and Transportation. tion, Department of Transportation, trans- on Commerce, Science, and Transportation. EC–7572. A communication from the Attor- mitting, pursuant to law, the report of a rule EC–7563. A communication from the Pro- ney Advisor, Department of Transportation, entitled ‘‘Airworthiness Directives; Ham- gram Analyst, Federal Aviation Administra- transmitting, pursuant to law, (2) reports ilton Sundstrand Model 14RF–9 Propellers’’ tion, Department of Transportation, trans- relative to vacancy announcements within ((RIN2120–AA64)(Docket No. 2006–NE–18)), re- mitting, pursuant to law, the report of a rule the Department, received on July 12, 2006; to ceived on July 11, 2006; to the Committee on entitled ‘‘Airworthiness Directives; Gulf- the Committee on Commerce, Science, and Commerce, Science, and Transportation. stream Model GV and GV-SP Series Air- Transportation. EC–7554. A communication from the Pro- planes’’ ((RIN2120-AA64)(Docket No. 2006-NM- EC–7573. A communication from the Dep- gram Analyst, Federal Aviation Administra- 182)), received on July 11, 2006; to the Com- uty Assistant Secretary of the Interior, Bu- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- reau of Land Management, Department of mitting, pursuant to law, the report of a rule tation. the Interior, transmitting, pursuant to law, entitled ‘‘Airworthiness Directives; Empresa EC–7564. A communication from the Pro- the report of a rule entitled ‘‘Grazing Admin- Brasileira de Aeronautica S.A. Model EMB– gram Analyst, Federal Aviation Administra- istration—Exclusive of Alaska’’ (RIN1004-

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7628 CONGRESSIONAL RECORD — SENATE July 17, 2006 AD42) received on July 12, 2006; to the Com- By Mr. GRASSLEY: ing business machinery and equipment mittee on Energy and Natural Resources. S. 3676. A bill to amend the Congressional as 5-year property for purposes of de- EC–7574. A communication from the Chair- Accountability Act of 1995 to apply whistle- preciation. man, Federal Energy Regulatory Commis- blower protections available to certain exec- sion, transmitting, pursuant to law, a report utive branch employees to legislative branch S. 1907 describing the progress made in licensing employees, and for other purposes; to the At the request of Mr. JOHNSON, the and constructing the Alaska natural gas Committee on Homeland Security and Gov- name of the Senator from Wyoming pipeline and describing any issue impeding ernmental Affairs. (Mr. ENZI) was added as a cosponsor of that progress; to the Committee on Energy By Mr. BINGAMAN (for himself, Mr. S. 1907, a bill to promote the develop- and Natural Resources. SANTORUM, Mrs. MURRAY, Mr. AKAKA, ment of Native American small busi- EC–7575. A communication from the Direc- Mr. JEFFORDS, Mr. KERRY, Mr. HAR- ness concerns, and for other purposes. tor, Office of Personnel Management, trans- KIN, and Mr. LIEBERMAN): mitting, pursuant to law, the report of a rule S. 3677. A bill to amend title XVIII of the S. 2014 entitled ‘‘Senior Executive Service Pay’’ Social Security Act to eliminate the in the At the request of Mr. DEWINE, the (RIN3206-AL01) received on July 11, 2006; to home restriction for Medicare coverage of name of the Senator from Arkansas the Committee on Homeland Security and mobility devices for individuals with ex- (Mr. PRYOR) was added as a cosponsor Governmental Affairs. pected long-term needs; to the Committee on of S. 2014, a bill to amend title 38, EC–7576. A communication from the Acting Finance. Senior Procurement Executive, Office of the United States Code, to expand and en- Chief Acquisition Officer, National Aero- f hance educational assistance for sur- nautics and Space Administration, transmit- SUBMISSION OF CONCURRENT AND vivors and dependents of veterans. ting, pursuant to law, the report of a rule en- SENATE RESOLUTIONS S. 2123 titled ‘‘Federal Acquisition Regulation; Fed- At the request of Mr. NELSON of Flor- The following concurrent resolutions eral Acquisition Circular 2005-11’’ (FAC 2005- ida, his name was added as a cosponsor and Senate resolutions were read, and 11) received on July 12, 2006; to the Com- of S. 2123, a bill to modernize the man- mittee on Homeland Security and Govern- referred (or acted upon), as indicated: mental Affairs. ufactured housing loan insurance pro- By Mr. VOINOVICH (for himself, Mr. gram under title I of the National f DEWINE, and Mr. ALLEN): Housing Act. INTRODUCTION OF BILLS AND S. Res. 533. A resolution commemorating the 60th anniversary of the permanent inte- S. 2250 JOINT RESOLUTIONS gration of professional football by 4 pio- At the request of Mr. GRASSLEY, the The following bills and joint resolu- neering players; considered and agreed to. names of the Senator from Indiana tions were introduced, read the first f (Mr. BAYH) and the Senator from Ar- and second times by unanimous con- kansas (Mrs. LINCOLN) were added as ADDITIONAL COSPONSORS sent, and referred as indicated: cosponsors of S. 2250, a bill to award a By Mr. HATCH (for himself and Mr. S. 195 congressional gold medal to Dr. Nor- KENNEDY): At the request of Mr. LIEBERMAN, the man E. Borlaug. S. 3668. A bill to amend the Public Health name of the Senator from California S. 2491 Service Act to provide for the expansion and (Mrs. BOXER) was added as a cosponsor At the request of Mr. CORNYN, the improvement of traumatic brain injury pro- of S. 195, a bill to provide for full vot- grams, and for other purposes; to the Com- name of the Senator from Oregon (Mr. mittee on Health, Education, Labor, and ing representation in Congress for the SMITH) was added as a cosponsor of S. Pensions. citizens of the District of Columbia, 2491, a bill to award a Congressional By Mr. CARPER (for himself and Mr. and for other purposes. gold medal to Byron Nelson in recogni- GREGG): S. 914 tion of his significant contributions to S. 3669. A bill to suspend temporarily the At the request of Mr. ALLARD, the the game of golf as a player, a teacher, duty on certain footwear with coated or lam- inated textile fabrics; to the Committee on name of the Senator from Wisconsin and a commentator. Finance. (Mr. KOHL) was added as a cosponsor of S. 2590 By Mr. CARPER (for himself and Mr. S. 914, a bill to amend the Public At the request of Mr. COBURN, the GREGG): Health Service Act to establish a com- names of the Senator from Georgia S. 3670. A bill to suspend temporarily the petitive grant program to build capac- (Mr. ISAKSON) and the Senator from duty on certain men’s footwear covering the ity in veterinary medical education Virginia (Mr. ALLEN) were added as co- ankle with coated or laminated textile fab- and expand the workforce of veterinar- rics; to the Committee on Finance. sponsors of S. 2590, a bill to require full By Mr. CARPER (for himself and Mr. ians engaged in public health practice disclosure of all entities and organiza- GREGG): and biomedical research. tions receiving Federal funds. S. 3671. A bill to suspend temporarily the S. 1035 S. 2677 duty on certain other footwear covering the At the request of Mr. INHOFE, the At the request of Mr. SMITH, the ankle with coated or laminated textile fab- name of the Senator from Arkansas name of the Senator from Pennsyl- rics; to the Committee on Finance. (Mr. PRYOR) was added as a cosponsor By Mr. CARPER (for himself and Mr. vania (Mr. SANTORUM) was added as a GREGG): of S. 1035, a bill to authorize the pres- cosponsor of S. 2677, a bill to amend the S. 3672. A bill to suspend temporarily the entation of commemorative medals on Internal Revenue Code of 1986 to extend duty on certain footwear not covering the behalf of Congress to Native Americans the investment tax credit with respect ankle with coated or laminated textile fab- who served as Code Talkers during for- to solar energy property and qualified rics; to the Committee on Finance. eign conflicts in which the United fuel cell property, and for other pur- By Mr. CARPER (for himself and Mr. States was involved during the 20th poses. GREGG): century in recognition of the service of S. 3673. A bill to suspend temporarily the S. 2762 duty on certain women’s footwear covering those Native Americans to the United At the request of Mr. AKAKA, the the ankle with coated or laminated textile States. name of the Senator from Maine (Ms. fabrics; to the Committee on Finance. S. 1597 COLLINS) was added as a cosponsor of S. By Mr. CARPER (for himself and Mr. At the request of Mr. ENZI, the name 2762, a bill to amend title 38, United GREGG): of the Senator from Pennsylvania (Mr. States Code, to ensure appropriate pay- S. 3674. A bill to suspend temporarily the duty on certain women’s footwear not cov- SANTORUM) was added as a cosponsor of ment for the cost of long-term care ering the ankle with coated or laminated S. 1597, a bill to award posthumously a provided to veterans in State homes, textile fabrics; to the Committee on Fi- Congressional gold medal to and for other purposes. nance. Constantino Brumidi. S. 3238 By Mr. CARPER: S. 1864 At the request of Mr. CORNYN, the S. 3675. A bill to extend the suspension of At the request of Mr. TALENT, the names of the Senator from California duty on Methyl 2-[[[[[4-(dimethylamino)-6- (2,2,2-trifluorethoxy)-1,3,5-tri zin-2-yl]- name of the Senator from Georgia (Mr. (Mrs. FEINSTEIN) and the Senator from amino]carbonyl]amino]sulfonyl]-3- ISAKSON) was added as a cosponsor of S. Massachusetts (Mr. KENNEDY) were methylbenzoate and application adjuvants; 1864, a bill to amend the Internal Rev- added as cosponsors of S. 3238, a bill to to the Committee on Finance. enue Code of 1986 to treat certain farm- require the Secretary of the Treasury

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7629 to mint coins in commemoration of the setts (Mr. KENNEDY), the Senator from time costs can exceed $4 million. Di- 50th anniversary of the establishment Massachusetts (Mr. KERRY) and the rect medical costs and indirect costs of the National Aeronautics and Space Senator from Illinois (Mr. DURBIN) such as lost productivity of TBI totaled Administration and the Jet Propulsion were added as cosponsors of S. Res. 531, an estimated $60 billion in the United Laboratory. a resolution to urge the President to States in 2000. S. 3609 appoint a Presidential Special Envoy The Traumatic Brain Injury Act is At the request of Mrs. LINCOLN, the for Sudan. the only Federal legislation specifi- name of the Senator from Louisiana f cally addressing issues faced by 5.3 mil- (Ms. LANDRIEU) was added as a cospon- lion American children and adults who STATEMENTS ON INTRODUCED sor of S. 3609, a bill to amend title live with a long-term disability as a re- BILLS AND JOINT RESOLUTIONS XVIII of the Social Security Act to sult of traumatic brain injury. Reau- provide for the treatment of certain By Mr. HATCH (for himself and thorization of the Traumatic Brain In- physician pathology services under the Mr. KENNEDY): jury Act will provide for the continu- Medicare program. S. 3668. A bill to amend the Public ation of research, not only for the S. 3659 Health Service Act to provide for the treatment of TBI but also for preven- At the request of Ms. SNOWE, the expansion and improvement of trau- tion and awareness programs which names of the Senator from Louisiana matic brain injury programs, and for will help decrease the occurrence of (Ms. LANDRIEU), the Senator from Indi- other purposes; to the Committee on traumatic brain injury and improve ana (Mr. BAYH) and the Senator from Health, Education, Labor, and Pen- the long-term outcome. Arkansas (Mr. PRYOR) were added as sions. In 2006, Congress has an opportunity cosponsors of S. 3659, a bill to reauthor- Mr. HATCH. Mr. President, as we to strengthen the TBI Act by author- ize and improve the women’s small face the close of the 109th Congress in izing the Centers for Disease Control business ownership programs of the the coming months, I feel it is impor- and Prevention, CDC, to determine the Small Business Administration, and for tant that we reauthorize the Trau- incidence and prevalence of traumatic other purposes. matic Brain Injury Act. It is my pleas- brain injury in the general population ure to introduce this reauthorization S. 3667 of the United States, including all age bill along with the ranking minority At the request of Mr. FRIST, the groups and persons in institutional set- name of the Senator from Kentucky member of the Senate Health, Edu- tings such as nursing homes, correc- cation, Labor, and Pension Committee, (Mr. BUNNING) was added as a cosponsor tional facilities, psychiatric hospitals, of S. 3667, a bill to promote nuclear Senator TED KENNEDY, with whom I child care facilities, and residential in- nonproliferation in North Korea. worked on the original legislation over stitutes for people with developmental 10 years ago. Our colleagues on the S. RES. 407 disabilities. House side, Representatives BILL This legislation authorizes the At the request of Mr. MENENDEZ, the PASCRELL, JR., and TODD RUSSELL name of the Senator from New York Health Resources and Services Admin- PLATTS, have just recently introduced istration, HRSA, to make grants for (Mrs. CLINTON) was added as a cospon- a companion bill with the same goal of sor of S. Res. 407, a resolution recog- projects of national significance that reauthorizing the TBI Act this year. nizing the African American Spiritual improve individual and family access Sustaining a traumatic brain in- as a national treasure. to service systems; assist states in de- jury—or TBI—can be both catastrophic veloping service capacity; improve S. RES. 420 and devastating. The financial and monitoring and evaluation of rehabili- At the request of Mr. SMITH, the emotional costs to the individual, fam- tation services and supports; and ad- name of the Senator from Oregon (Mr. ily, and community are enormous. dress emerging needs of servicemen WYDEN) was added as a cosponsor of S. Traumatic brain injuries contribute to and women, veterans, and individuals Res. 420, a resolution expressing the a substantial number of deaths and and families who have experienced sense of the Senate that effective cases of permanent disability annually. brain injury through service delivery treatment and access to care for indi- Of the 1.4 million who sustain a TBI demonstration projects. viduals with psoriasis and psoriatic ar- each year in the United States: 50,000 This bill also authorizes HRSA to in- thritis should be improved. die; 235,000 are hospitalized; and 1.1 clude the American Indian Consortium S. RES. 507 million are treated and released from as an eligible recipient of competitive At the request of Mr. BIDEN, the an emergency department. Brain inju- grants awarded to States, Territories, names of the Senator from Illinois (Mr. ries are the most frequent reasons for and the District of Columbia to develop DURBIN) and the Senator from Georgia visits to physicians and emergency comprehensive system of services and (Mr. ISAKSON) were added as cosponsors rooms. supports nationwide. of S. Res. 507, a resolution designating These statistics are more revealing Furthermore, this bill instructs the week of November 5 through No- when one considers that every 16 sec- HRSA and the Administration on De- vember 11, 2006, as ‘‘National Veterans onds someone in the U.S. sustains a velopmental Disabilities to coordinate Awareness Week’’ to emphasize the head injury; every 12 minutes, one of data collection regarding protection need to develop educational programs these people will die and another will and advocacy services. regarding the contributions of veterans become permanently disabled. Of those The TBI Act offers balanced and co- to the country. who survive, each year, an estimated ordinated public policy in brain injury S. RES. 510 80,000 to 90,000 people experience the prevention, research, education, and At the request of Mr. MARTINEZ, the onset of long-term disability associ- community-based services and supports names of the Senator from Delaware ated with a TBI. An additional 2,000 for individuals living with traumatic (Mr. BIDEN), the Senator from Con- will exist in a persistent vegetative brain injury and their families. necticut (Mr. LIEBERMAN) and the Sen- state. Mr. President, reauthorization of the ator from Louisiana (Ms. LANDRIEU) Even more startling is the fact that Traumatic Brain Injury Act will fur- were added as cosponsors of S. Res. 510, brain injury kills more Americans ther provide mechanisms for the pre- a resolution designating the period be- under the age of 34 than all other vention, treatment and the improve- ginning on June 28, 2006, and ending on causes combined and has claimed more ment of the quality of life for those July 5, 2006, as ‘‘National Clean Beach- lives since the Turn of the Century Americans and their families who may es Week’’, supporting the goals and than all United States wars combined. sustain such a devastating disability. I ideals of that week, and recognizing Sixty-eight percent of war veterans are ask my colleagues’ support in promptly the considerable value and role of returning home with sustained brain reauthorizing the Traumatic Brain In- beaches in the culture of the United injuries. jury Act. States. The distress of TBI is not limited to Mr. KENNEDY. Mr. President, today S. RES. 531 diagnosis. A survivor of a severe brain I am proud to join with Senator HATCH At the request of Mr. LIEBERMAN, the injury typically faces 5 to 10 years of in sponsoring the reauthorization of names of the Senator from Massachu- intensive services and estimated life- the Traumatic Brain Injury Act. This

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7630 CONGRESSIONAL RECORD — SENATE July 17, 2006 bill will provide valuable assistance to funded for a total of only $12 million— Mr. President, I ask unanimous con- the millions of children and adults in yet look at the good they do. Not only sent that the text of this bill be printed our nation who are facing an array of should these programs be reauthorized, in the RECORD. problems because of their injuries. the funding also should be increased. There being no objection, the text of First, it is critical for us to acknowl- The IOM calls the TBI programs an the bill was ordered to be printed in edge the important role which the pro- ‘‘overall success,’’ stating that ‘‘there the RECORD, as follows: grams authorized under this bill can is considerable value in providing fund- S. 3676 play for the large number of soldiers ing,’’ and ‘‘it is worrisome that the Be it enacted by the Senate and House of Rep- wounded in the war. As of June 2006— modestly budgeted HRSA TBI Program resentatives of the United States of America in almost 19,000 service members have continues to be vulnerable to budget Congress assembled, been wounded in Iraq and data con- cuts.’’ As the IOM study suggests, this SECTION 1. APPLICATION OF WHISTLEBLOWER PROTECTION RULES TO LEGISLA- tinue to demonstrate that brain inju- program must be continued and al- TIVE BRANCH EMPLOYEES. ries are approximately two-thirds of lowed to grow in order to ensure that (a) IN GENERAL.—Part A of title II of the the injuries suffered in the war. each state has the resources necessary Congressional Accountability Act of 1995 (2 On top of that, there is an extremely to maintain critical services and advo- U.S.C. 1311 et seq.) is amended— high incidence of traumatic brain inju- cacy for the estimated 5.3 million peo- (1) in the heading, by striking ‘‘FAIR ries among children between birth and ple currently living with disabilities LABOR STANDARDS,’’ and all that follows and inserting ‘‘ age 14—approximately 475,000 a year— resulting from brain injury. AND OTHER PROTECTIONS AND BENEFITS’’; and some of the highest numbers of in- Again, soldiers and children, I cannot think of two more deserving groups of (2) by redesignating section 207 as section juries are among children under the 208; and age of five. people in our Nation. We owe them the (3) by inserting after section 206 the fol- Soldiers and children—I cannot think services and advocacy that these crit- lowing: of groups more deserving of our atten- ical programs offer. And I urge our col- ‘‘SEC. 207. RIGHTS AND PROTECTIONS UNDER tion. leagues to support the passage of this WHISTLEBLOWER PROTECTION Reauthorization of the TBI Act is important piece of bipartisan disability RULES. ‘‘(a) RIGHTS AND PROTECTIONS DESCRIBED.— crucial to continued federal funding for legislation this year. ‘‘(1) IN GENERAL.—No employing office may a range of traumatic brain injury pro- take or fail to take, or threaten to take or grams. The bill will reauthorize grants By Mr. GRASSLEY: S. 3676. A bill to amend the Congres- fail to take, a personnel action (within the that have provided vital assistance to sional Accountability Act of 1995 to meaning of chapter 23 of title 5, United States, Territories, the District of Co- States Code) with respect to any covered em- apply whistleblower protections avail- lumbia, and American Indian Consortia ployee or applicant for employment because able to certain executive branch em- of— in building or enhancing coordinated ployees to legislative branch employ- systems of community-based services ‘‘(A) any disclosure of information by a ees, and for other purposes; to the covered employee or applicant which the em- and supports for children and adults Committee on Homeland Security and ployee or applicant reasonably believes evi- with traumatic brain injuries. Governmental Affairs. dences— In addition, when Congress first au- Mr. GRASSLEY. Mr. President, I rise ‘‘(i) a violation of any law, rule, or regula- thorized the Traumatic Brain Injury today to announce that I am intro- tion; or Act as part of the Children’s Health ducing a bill that will extend whistle- ‘‘(ii) gross mismanagement, a gross waste Act of 2000, it had the foresight to in- blower protections currently available of funds, an abuse of authority, or a substan- clude funding for the Protection and tial and specific danger to public health or to certain executive branch employees safety; Advocacy for Individuals with Trau- to legislative branch employees. matic Brain Injury Program. This pro- This bill is long overdue. The Office if such disclosure is not specifically prohib- ited by law and if such information is not gram has played a crucial role because of Compliance has called for these individuals with traumatic brain in- specifically required by Executive order or changes on numerous occasions in re- the rules of the Senate or the House of Rep- jury have help in returning to work, cent years, and they are very sup- resentatives to be kept secret in the interest finding a place to live, accessing need- portive of this bill. of national defense or the conduct of foreign ed supports and services such as at- I have fought for whistleblowers for affairs; or tendant care and assistive technology, many years. Whistleblowers are the ‘‘(B) any disclosure to the General Counsel, and obtaining appropriate mental key to exposing a dysfunctional bu- or to the Inspector General of a legislative or health, substance abuse, and rehabili- reaucracy. Government agencies too executive agency or another employee des- tation services. Often those with brain often want to cover up their mistakes. ignated by the head of the legislative or ex- injuries—including our returning vet- ecutive agency to receive such disclosures, of Without insiders being brave enough to information which the employee or applicant erans—are forced to remain in ex- uncover these violations or waste, the reasonably believes evidences— tremely expensive institutional set- American taxpayer would continue to ‘‘(i) a violation of any law, rule, or regula- tings far longer than necessary because pay for them. These people should not tion; or the community-based supports and be punished for bringing the misdeeds ‘‘(ii) gross mismanagement, a gross waste services they need are not available. to light. of funds, an abuse of authority, or a substan- Effective protection and advocacy serv- Whistleblowers in the executive tial and specific danger to public health or ices for people with traumatic brain in- branch have helped me do my job of safety. jury can lead both to reduced Govern- oversight. We have done a good job to ‘‘(2) DEFINITIONS.—For purposes of this sec- tion and for purposes of applying the proce- ment expenditures and increased pro- make sure that whistleblowers in the dures established under title IV for the con- ductivity, independence and commu- executive branch are protected. It is sideration of alleged violations of this sec- nity integration for patients. However, simply not fair, nor is it good govern- tion— those who advocate for the injured ance for Congress to enact whistle- ‘‘(A) the term ‘covered employee’ includes must possess specialized skills and the blower protections on the other an employee of the Government Account- work is often time-intensive. branches of Government without giv- ability Office or Library of Congress; and This legislation also provides funding ing its own employees the same consid- ‘‘(B) the term ‘employing office’ includes for critical CDC programs that provide eration. This bill merely extends those the Government Accountability Office and the Library of Congress. extremely important surveillance and same protections that other Govern- ‘‘(b) REMEDY.—The remedy for a violation injury prevention information. ment employees enjoy to Congress’s of subsection (a) shall be such remedy as In a time when both the administra- own employees. would be appropriate if awarded under chap- tion and Congress are searching for I fully back hard-working Govern- ter 12 of title 5, United States Code, with re- programs that provide the right kind of ment employees who serve to protect spect to a prohibited personnel practice de- ‘‘bang for the Federal buck,’’ the re- our country, and I hope my colleagues scribed in section 2302(b)(8) of such title. ‘‘(c) REGULATIONS TO IMPLEMENT SEC- cent findings in an Institute of Medi- will join me. Congress needs to make TION.— cine March 2006 report show that the sure that its own employees can speak ‘‘(1) IN GENERAL.—The Board shall, pursu- TBI programs work. Last year the var- up without retaliation when they blow ant to section 304, issue regulations to imple- ious programs in the TBI bill were the whistle on fraud, waste, or abuse. ment this section.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7631 ‘‘(2) AGENCY REGULATIONS.—The regula- Unfortunately, CMS continues to im- This legislation is certainly not in- tions issued under paragraph (1) shall be the pose the ‘‘in the home’’ restriction on tended to discourage CMS from dedi- same as the substantive regulations promul- Medicare beneficiaries in need of mo- cating its resources to reducing waste, gated by the Merit Systems Protection bility devices. The result is that people fraud, and abuse in the Medicare sys- Board to implement chapters 12 and 23 of title 5, United States Code, except to the ex- who may not need a wheelchair to get tem, as those efforts are critical to en- tent that the Board of Directors of the Office around their house but do need one to suring that Medicare remains finan- of Compliance may determine, for good get around their communities, such as cially viable and strong in the future. cause shown and stated together with the to a job, church, or the grocery store, However, it should be noted that nei- regulation, that a modification of such regu- can’t get Medicare to pay for one. As ther Medicaid nor the Department of lations would be more effective for the im- the Medicare Rights Center in a report Veterans Affairs impose such ‘‘in the plementation of the rights and protections entitled ‘‘Forced Isolation: Medicare’s home’’ restrictions on mobility de- under this section.’’. ‘In The home’ Coverage Standards for vices. As Senator BROWNBACK said to (b) TECHNICAL AND CONFORMING AMEND- MENTS.— Wheelchairs’’ in March 2004 notes, the Kansas City Star, it is important (1) TABLE OF CONTENTS.—The table of con- ‘‘This effectively disqualifies you from to lift the restriction ‘‘to reflect our tents for part A of title II of the Congres- leaving your home without the assist- goal of ensuring that Americans with sional Accountability Act of 1995 is amend- ance of others.’’ disabilities are able to live inde- ed— Furthermore, in a Kansas City Star pendent, healthy, and productive (A) in the item relating to part A, by strik- article dated July 3, 2005, Mike Oxford lives.’’ ing ‘‘FAIR LABOR STANDARDS,’’ and all with the National Council on Inde- I thank Senators SANTORUM, MUR- that follows and inserting ‘‘AND OTHER pendent Living noted, ‘‘You look at PROTECTIONS AND BENEFITS’’; RAY, COLLINS, AKAKA, JEFFORDS, (B) by redesignating the item relating to mobility assistance as a way to lib- KERRY, HARKIN, KENNEDY, and section 207 as relating to section 208; and erate yourself.’’ He added that the re- LIEBERMAN for cosponsoring this im- (C) by inserting after the item relating to striction ‘‘is just backward.’’ portant legislation, and attached is a section 206 the following: In fact, policies such as these are not fact sheet that I request to be printed only backward but directly contradict ‘‘Sec. 207. Rights and protections under in the RECORD. I would also ask unani- whistleblower protection numerous initiatives aimed at increas- mous consent to have printed in the rules.’’. ing community integration of people RECORD copies of the letter to the ad- (2) APPLICATION OF LAWS.—Section 102(a) of with disabilities, including the Ameri- ministration and the response that was the Congressional Accountability Act of 1995 cans with Disabilities Act, the Ticket- received by Capitol Hill. (2 U.S.C. 1302(a)) is amended by adding at the to-Work Program, the New Freedom end the following: Initiative, and the Olmstead Supreme There being no objection, the addi- ‘‘(12) Section 2302(b)(8) of title 5, United Court decision. tional material was ordered to be States Code.’’. According to the Medicare Rights printed in the RECORD, as follows: By Mr. BINGAMAN (for himself, Center update dated March 23, 2006, U.S. SENATE, Washington, DC, July 13, 2005. Mr. SANTORUM, Mrs. MURRAY, ‘‘This results in arbitrary denials. Peo- Re reconsideration of the Medicare ‘‘In the Mr. AKAKA, Mr. JEFFORDS, Mr. ple with apartments too small for a power wheelchair are denied a device Home’’ requirement on wheelchair cov- KERRY, Mr. HARKIN, and Mr. erage. LIEBERMAN): that could also get them down the street. Those in more spacious quarters Hon. MICHAEL O. LEAVITT, S. 3677. A bill to amend title XVIII on Secretary, Department of Health and Human the Social Security Act to eliminate get coverage, allowing them to scoot Services, Washington, DC. the in the home restriction for Medi- from room to room and to the grocery DEAR SECRETARY LEAVITT: The under- care coverage of mobility devices for store. People who summon all their signed members write to request that you individuals with expected long-term willpower and strength to hobble modify the ‘‘in the home’’ requirement in needs; to the Committee on Finance. around a small apartment get no help Medicare’s wheeled mobility benefit to im- Mr. BINGAMAN. Mr. President, I rise for talks that are beyond them and prove community access for Medicare bene- today to introduce the Medicare Inde- their front door.’’ ficiaries with mobility impairments. pendent Living Act of 2006 with Sen- In New Mexico, I have heard this We commend CMS for its dedication to re- ators SANTORUM, MURRAY, COLLINS, complaint about the law repeatedly ducing waste, fraud and abuse in the Medi- AKAKA, JEFFORDS, KERRY, HARKIN, from our State’s most vulnerable dis- care system, particularly under the mobility KENNEDY, and LIEBERMAN. This legisla- abled and senior citizens. People argue device benefit, and fully support your inten- tion would eliminate Medicare’s ‘‘in the provision is being misinterpreted tion to protect precious Medicare funds and the home’’ restriction for the coverage by the administration and results in resources. Additionally, we commend the agency for recently taking on the task of of mobility devices, including wheel- Medicare beneficiaries being trapped in creating a new and, hopefully, more appro- chairs and scooters, for those with dis- their home. priate Medicare coverage criteria for mobil- abilities and expected long-term needs. The ITEM Coalition adds in a letter ity devices. However, we are concerned that This includes people with multiple to CMS on this issue in November 25, CMS’ current interpretation of the ‘‘in the sclerosis, paraglegia, osteoarthritis, 2005, ‘‘There continues to be no clinical home’’ requirement may continue to act as and cerebrovascular disease that in- basis for the ‘in the home’ restriction an inappropriate restriction in meeting the cludes acute stroke and conditions like and by asking treating practioners to real-life mobility needs of Medicare bene- aneurysms. document medical need only within the ficiaries with physical disabilities and mobil- ity impairments. As currently interpreted by the Cen- home setting, CMS is severely restrict- ters for Medicare and Medicaid Serv- ing patients from receiving the most Recently CMS announced a final National ices, CMS, the ‘‘in the home’’ restric- appropriate devices to meet their mo- Coverage Determination (NCD) for mobility assistance equipment (MAE) that fails to tion prevents beneficiaries from ob- bility needs.’’ adequately address the concerns of bene- taining wheelchairs that are necessary Therefore, our bipartisan legislation ficiaries and other parties with the ‘‘in the for use outside the home. This pre- would clarify that this restriction does home’’ restriction. cludes beneficiaries who need a wheel- not apply to mobility devices, includ- In order to ensure that the ‘‘in the home’’ chair to access work, the community ing wheelchairs, for people with dis- requirement does not act as a barrier to at-large, his or her place of worship, abilities in the Medicare Program. The community participation for Medicare bene- school, physician’s offices, or phar- language change is fairly simple and ficiaries with disabilities and mobility im- macies. simply clarifies that the ‘‘in the home’’ pairments; we ask that you modify this re- On July 13, 2005, 34 senators wrote restriction for durable medical equip- quirement through the regulatory process. Secretary Leavitt asking the Depart- ment does not apply in the case of mo- Additionally, if your agency concludes that ment of Health and Human Services, or bility devices needed by Medicare bene- the ‘‘in the home’’ requirement cannot be ad- dressed through the regulatory process, we HHS, to modify the ‘‘in the home’’ re- ficiaries with expected long-term needs request that you respond with such informa- quirement so as to ‘‘improve commu- for use ‘‘in customary settings such as tion as quickly as possible, so that Congress nity access for Medicare beneficiaries normal domestic, vocational, and com- may begin examining legislative alter- with mobility impairments.’’ munity activities.’’ natives.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7632 CONGRESSIONAL RECORD — SENATE July 17, 2006 We thank you for your consideration of SUBMITTED RESOLUTIONS mittee on Foreign Relations be author- this matter. ized to meet during the session of the Sincerely, Senate on Monday, July 17, 2006, at 3 Jeff Bingaman, Rick Santorum, John SENATE RESOLUTION 533—COM- p.m. to hold nominations hearings. Kerry, Joseph I. Lieberman, Barbara MEMORATING THE 60TH ANNI- Mikulski, Maria Cantwell, Edward M. The PRESIDING OFFICER. Without VERSARY OF THE PERMANENT objection, it is so ordered. Kennedy, Patty Murray, Evan Bayh, INTEGRATION OF PROFESSIONAL Mark Dayton, Jack Reed, Johnny f Isakson, Sam Brownback, Jon S. FOOTBALL BY 4 PIONEERING Corzine, James M. Talent, Pat Roberts, PLAYERS PRIVILEGES OF THE FLOOR Frank Lautenberg. Mr. VOINOVICH (for himself, Mr. Mr. SPECTER. Mr. President, on be- James M. Jeffords, Christopher S. Bond, DEWINE, and Mr. ALLEN) submitted the half of the leader, I ask unanimous Mike DeWine, Daniel K. Akaka, Mary following resolution, which was consid- consent that floor privileges be granted L. Landrieu, Debbie Stabenow, Charles ered and agreed to: E. Schumer, Ron Wyden, Herb Kohl, for the duration of the stem cell debate S. RES. 533 Patrick J. Leahy, Arlen Specter, Hil- to the following: Dr. Roger Johns of lary Rodham Clinton, Christopher J. Whereas the integration of sports sup- Senator HATCH’s office; Laura Holland, Dodd, John McCain, Carl Levin, Tom ported other ongoing efforts to permanently Jeff McCaffrey, Jon Koegler, Martina Harkin, Olympia J. Snowe. end racial segregation as an accepted prac- Bebin, and Dave Schmickel of Senator tice in the United States; ENZI’s office; and Nicole Weitz of Sen- Whereas, in 1946, 4 African-American foot- THE SECRETARY OF ball players, William ‘‘Bill’’ K. Willis and ator FRIST’s office. HEALTH AND HUMAN SERVICES, Marion Motley, who played for the Cleveland The ACTING PRESIDENT pro tem- Washington, DC, October 25, 2005. Browns, and Kenny Washington and Woody pore. Without objection, it is so or- Hon. CHARLES F. BASS, Strode, who played for the Los Angeles dered. House of Representatives, Rams, all signed contracts to play profes- Mr. HARKIN. Mr. President, I ask Washington, DC. sional football; unanimous consent that Nathan DEAR MR. BASS: Thank you for your letter Whereas, on August 7, 1946, Bill Willis was Porteshawver and Tracie Bryant of my the first of this pioneering foursome to sign regarding the ‘‘in the home’’ requirement for staff be granted floor privileges for the Mobility Assistive Equipment (MAE). a contract to play professional football for the Cleveland Browns forever ending the race duration of today’s session. The Centers for Medicare & Medicaid Serv- barrier in professional football, 1 full year On behalf of Senator KENNEDY, I ask ices (CMS) is required to follow section before Jackie Robinson broke the race bar- unanimous consent that Ahmed Salem, 1861(n) of the Social Security Act (the Act) rier in professional baseball; an intern on his HELP Committee which states ‘‘the term ‘durable medical Whereas, thanks to the significant con- equipment’ includes iron lungs, oxygen staff, be accorded floor privileges dur- tributions of Bill Willis and Marion Motley, ing the consideration of the three bills tents, hospital beds, and wheelchairs (which the Cleveland Browns won the National may include a power-operated vehicle that Football League (NFL) Championship in 1950 addressing the stem cell issue and all may be appropriately used as a wheelchair, which was the first year the Cleveland rollcall votes thereon. but only where the use of such a vehicle is Browns played in the NFL; The ACTING PRESIDENT pro tem- determined to be necessary on the basis of Whereas, in addition to permanently end- pore. Without objection, it is so or- the individual’s medical and physical condi- ing the race barrier in professional football, dered. tion and the vehicle meets such safety re- Bill Willis and Marion Motley were recog- Mr. HARKIN. Mr. President, on be- quirements as the Secretary may prescribe) nized for their outstanding professional foot- half of Senator ROCKEFELLER, I ask used in the patient’s home (including an in- ball careers by their election to the Pro stitution used as his home other than an in- Football Hall of Fame; and unanimous consent that the following stitution that meets the requirements of Whereas 2006 marks the 60th anniversary of legislative fellows in his office be ac- subsection (e)(1) of this section or section the permanent integration of professional corded floor privileges for the duration 1819(a)(1)), whether furnished on a rental football, and the NFL will commemorate of Senate consideration of stem cell basis or purchased. . . .’’ CMS further de- this milestone during the 2006 Pro Football bills, and on all votes thereon: Dr. Al fined the durable medical equipment (DME) Hall of Fame Game: Now, therefore, be it Pheley, a Robert Wood Johnson fellow; benefit category at 42 CFR section 414.202 to Resolved, That the Senate— and Bruce Gilberg, an American Asso- include equipment that can (a) withstand re- (1) recognizes the 60th anniversary of the peated use, (b) is primarily and customarily permanent integration of professional foot- ciation for the Advancement of used to serve a medical purpose, (c) is not ball; and Sciences fellow. generally useful in the absence of illness or (2) respectfully requests the Secretary of Mr. COBURN. Mr. President, I ask injury, and (d) is appropriate for use in the the Senate to transmit for appropriate dis- unanimous consent that floor privi- home. play an enrolled copy of this resolution to— leges be granted to Lesley Stewart of (A) the Pro Football Hall of Fame in Can- There are two practical requirements that Senator ENZI’s staff, and also Matt ton, Ohio; and must be satisfied for coverage of DME which Blackburn of my staff for the duration (B) William K. Willis, the only surviving are a logical resu1t of the definition of DME: member of the pioneering foursome who per- of the stem cell debate. (1) The equipment must be appropriate for manently ended the race barrier in profes- The PRESIDING OFFICER. Without use in the home. This requirement excludes sional football. objection, it is so ordered. a gasoline-powered vehicle, for example. f Mr. BROWNBACK. Mr. President, I (2) The patient must have a need to use the ask unanimous consent that the privi- equipment in the home. This requirement ex- AUTHORITY FOR COMMITTEES TO lege of the floor be granted to Nicholas cludes equipment that is only necessary for MEET Greenway and Eugene Lipkin, interns use outside the patient’s home. COMMITTEE ON ENERGY AND NATURAL here on Capitol Hill. Therefore, we do not cover equipment if it RESOURCES The PRESIDING OFFICER. Without is exclusively needed outside of the home. Mr. COBURN. Mr. President, I ask objection, it is so ordered. However, if DME is needed in the home and unanimous consent that the Com- f the beneficiary also uses it outside the home, mittee on Energy and Natural Re- the equipment would still be covered. For ex- sources be authorized to meet during DEPARTMENT OF HOMELAND SE- ample, a high strength wheelchair may be the session of the Senate on Monday, CURITY APPROPRIATIONS ACT, covered when appropriate for home use even July 17, 2006, at 2:30 p.m. The purpose 2007 though it may also be useful outside the of this hearing is to receive testimony home. We do not have any restrictions on On Thursday, July 13, 2006 the Senate the use of the equipment outside of the home relating to the implementation of the passed H.R. 5441, as follows: Energy Policy Act of 2005 Provisions on as long as there is also a need to use it in the H.R. 5441 home. Hydrogen and Fuel Cell Research and Development. Resolved, That the bill from the House of I hope this information has been helpful. The PRESIDING OFFICER. Without Representatives (H.R. 5441) entitled ‘‘An Act Please call me if you have any further making appropriations for the Department thoughts or questions. I will also provide objection, it is so ordered. of Homeland Security for the fiscal year end- this response to the cosigners of your letter. COMMITTEE ON FOREIGN RELATIONS ing September 30, 2007, and for other pur- Sincerely, Mr. COBURN. Mr. President, I ask poses.’’, do pass with the following amend- MICHAEL O. LEAVITT. unanimous consent that the Com- ment:

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7633 Strike out all after the enacting clause and the Inspector General Act of 1978 (5 U.S.C. patrol agents; of which $3,026,000 shall be de- insert: App.), $90,185,000, of which not to exceed rived from the Harbor Maintenance Trust Fund That the following sums are appropriated, out $100,000 may be used for certain confidential for administrative expenses related to the collec- of any money in the Treasury not otherwise ap- operational expenses, including the payment of tion of the Harbor Maintenance Fee under sec- propriated, for the Department of Homeland Se- informants, to be expended at the direction of tion 9505(c)(3) of the Internal Revenue Code of curity for the fiscal year ending September 30, the Inspector General: Provided further, That 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding 2007, and for other purposes, namely: the Department of Homeland Security Inspector section 1511(e)(1) of the Homeland Security Act TITLE I General shall investigate whether, and to what of 2002 (6 U.S.C. 551(e)(1)); of which not to ex- DEPARTMENTAL MANAGEMENT AND extent, in adjusting and settling claims resulting ceed $45,000 shall be for official reception and OPERATIONS from Hurricane Katrina, insurers making flood representation expenses; of which not less than insurance coverage available under the Write- $172,676,000 shall be for Air and Marine Oper- OFFICE OF THE SECRETARY AND EXECUTIVE Your-Own program pursuant to section 1345 of ations; of which such sums as become available MANAGEMENT the National Flood Insurance Act of 1968 (42 in the Customs User Fee Account, except sums For necessary expenses of the Office of the U.S.C. 4081) and subpart C of part 62 of title 44, subject to section 13031(f)(3) of the Consolidated Secretary of Homeland Security, as authorized Code of Federal Regulations, improperly attrib- Omnibus Budget Reconciliation Act of 1985 (19 by section 102 of the Homeland Security Act of uted damages from such hurricane to flooding U.S.C. 58c(f)(3)), shall be derived from that ac- 2002 (6 U.S.C. 112), and executive management covered under the insurance coverage provided count; of which not to exceed $150,000 shall be of the Department of Homeland Security, as au- under the national flood insurance program available for payment for rental space in con- thorized by law, $82,622,000: Provided, That not rather than to windstorms covered under cov- nection with preclearance operations; of which to exceed $40,000 shall be for official reception erage provided by such insurers or by windstorm not to exceed $1,000,000 shall be for awards of and representation expenses. insurance pools in which such insurers partici- compensation to informants, to be accounted for OFFICE OF THE UNDER SECRETARY FOR pated: Provided further, That the Department of solely under the certificate of the Secretary of MANAGEMENT Homeland Security Inspector General may re- Homeland Security: Provided, That for fiscal For necessary expenses of the Office of the quest the assistance of the Attorney General year 2007, the overtime limitation prescribed in Under Secretary for Management, as authorized and the Department of Justice in conducting section 5(c)(1) of the Act of February 13, 1911 (19 by sections 701 through 705 of the Homeland Se- such investigation and may reimburse the costs U.S.C. 267(c)(1)) shall be $35,000; and notwith- curity Act of 2002 (6 U.S.C. 341 through 345), of the Attorney General and the Department of standing any other provision of law, none of the $163,456,000: Provided, That not to exceed $3,000 Justice in providing such assistance from such funds appropriated by this Act may be available shall be for official reception and representation funds: Provided further, That the Department to compensate any employee of United States expenses: Provided further, That of the total of Homeland Security Inspector General shall Customs and Border Protection for overtime, amount provided, $8,206,000 shall remain avail- submit a report to Congress not later than April from whatever source, in an amount that ex- able until expended solely for the alteration and 1, 2007, setting forth the conclusions of such in- ceeds such limitation, except in individual cases improvement of facilities, tenant improvements, vestigation. determined by the Secretary of Homeland Secu- and relocation costs to consolidate Department TITLE II rity, or the designee of the Secretary, to be nec- headquarters operations. SECURITY, ENFORCEMENT, AND essary for national security purposes, to prevent OFFICE OF THE CHIEF FINANCIAL OFFICER INVESTIGATIONS excessive costs, or in cases of immigration emer- For necessary expenses of the Office of the gencies. UNITED STATES VISITOR AND IMMIGRANT STATUS Chief Financial Officer, as authorized by sec- AUTOMATION MODERNIZATION INDICATOR TECHNOLOGY tion 103 of the Homeland Security Act of 2002 (6 For expenses for customs and border protec- For necessary expenses for the development of U.S.C. 113), $26,018,000. tion automated systems, $461,207,000, to remain the United States Visitor and Immigrant Status OFFICE OF THE CHIEF INFORMATION OFFICER available until expended, of which not less than Indicator Technology project, as authorized by $318,490,000 shall be for the development of the For necessary expenses of the Office of the section 110 of the Illegal Immigration Reform Automated Commercial Environment: Provided, Chief Information Officer, as authorized by sec- and Immigration Responsibility Act of 1996 (8 That none of the funds made available under tion 103 of the Homeland Security Act of 2002 (6 U.S.C. 1221 note), $399,494,000, to remain avail- this heading may be obligated for the Auto- U.S.C. 113), and Department-wide technology able until expended: Provided, That of the total mated Commercial Environment until the Com- investments, $306,765,000; of which $79,521,000 amount made available under this heading, mittees on Appropriations of the Senate and the shall be available for salaries and expenses; and $200,000,000 may not be obligated for the United House of Representatives receive and approve a of which $227,244,000 shall be available for de- States Visitor and Immigrant Status Indicator plan for expenditure prepared by the Secretary velopment and acquisition of information tech- Technology project until the Committees on Ap- of Homeland Security that— nology equipment, software, services, and re- propriations of the Senate and the House of lated activities for the Department of Homeland Representatives receive and approve a plan for (1) meets the capital planning and investment Security, and for the costs of conversion to expenditure prepared by the Secretary of Home- control review requirements established by the narrowband communications, including the cost land Security that— Office of Management and Budget, including for operation of the land mobile radio legacy (1) meets the capital planning and investment Circular A–11, part 7; systems, to remain available until expended: control review requirements established by the (2) complies with the Department of Homeland Provided, That none of the funds appropriated Office of Management and Budget, including Security information systems enterprise archi- shall be used to support or supplement the ap- Circular A–11, part 7; tecture; propriations provided for the United States Vis- (2) complies with the Department of Homeland (3) complies with the acquisition rules, re- itor and Immigrant Status Indicator Technology Security information systems enterprise archi- quirements, guidelines, and systems acquisition project or the Automated Commercial Environ- tecture; management practices of the Federal Govern- ment: Provided further, That the Chief Informa- (3) complies with the acquisition rules, re- ment; tion Officer shall submit to the Committees on quirements, guidelines, and systems acquisition (4) includes a certification by the Chief Infor- Appropriations of the Senate and the House of management practices of the Federal Govern- mation Officer of the Department of Homeland Representatives, not more than 60 days after the ment; Security that an independent verification and date of enactment of this Act, an expenditure (4) includes a certification by the Chief Infor- validation agent is currently under contract for plan for all information technology projects mation Officer of the Department of Homeland the project; that: (1) are funded under this heading; or (2) Security that an independent verification and (5) is reviewed and approved by the Depart- are funded by multiple components of the De- validation agent is currently under contract for ment of Homeland Security Investment Review partment of Homeland Security through reim- the project; Board, the Secretary of Homeland Security, and bursable agreements: Provided further, That (5) is reviewed and approved by the Depart- the Office of Management and Budget; and such expenditure plan shall include each spe- ment of Homeland Security Investment Review (6) is reviewed by the Government Account- cific project funded, key milestones, all funding Board, the Secretary of Homeland Security, and ability Office. sources for each project, details of annual and the Office of Management and Budget; and TECHNOLOGY MODERNIZATION lifecycle costs, and projected cost savings or cost (6) is reviewed by the Government Account- For expenses for customs and border protec- avoidance to be achieved by the project. ability Office. tion technology systems, $131,559,000, to remain ANALYSIS AND OPERATIONS CUSTOMS AND BORDER PROTECTION available until expended: Provided, That of the For necessary expenses for information anal- SALARIES AND EXPENSES funds made available under this heading, ysis and operations coordination activities, as For necessary expenses for enforcement of $100,000,000 may not be obligated until the Com- authorized by title II of the Homeland Security laws relating to border security, immigration, mittees on Appropriations of the Senate and the Act of 2002 (6 U.S.C. 121 et seq.), $298,663,000, to customs, and agricultural inspections and regu- House of Representatives receive and approve a remain available until September 30, 2008, of latory activities related to plant and animal im- plan for expenditure prepared by the Secretary which not to exceed $5,000 shall be for official ports; purchase and lease of up to 4,500 (3,500 of Homeland Security that— reception and representation expenses. for replacement only) police-type vehicles; and (1) meets the capital planning and investment OFFICE OF INSPECTOR GENERAL contracting with individuals for personal serv- control review requirements established by the For necessary expenses of the Office of In- ices abroad; $5,329,874,000, of which $44,000,000 Office of Management and Budget, including spector General in carrying out the provisions of shall be used to hire an additional 236 border Circular A–11, part 7;

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7634 CONGRESSIONAL RECORD — SENATE July 17, 2006 (2) complies with the Department of Homeland Immigration and Nationality Act (8 U.S.C. $4,751,580,000, to remain available until Sep- Security information systems enterprise archi- 1357(g)); and of which not to exceed $11,216,000 tember 30, 2008, of which not to exceed $10,000 tecture; shall be available to fund or reimburse other shall be for official reception and representation (3) complies with the acquisition rules, re- Federal agencies for the costs associated with expenses: Provided, That of the total amount quirements, guidelines, and systems acquisition the care, maintenance, and repatriation of made available under this heading, not to ex- management practices of the Federal Govern- smuggled illegal aliens: Provided, That none of ceed $3,790,132,000 shall be for screening oper- ment; the funds made available under this heading ations, of which $141,400,000 shall be available (4) includes a certification by the Chief Infor- shall be available to compensate any employee only for procurement of checked baggage explo- mation Officer of the Department of Homeland for overtime in an annual amount in excess of sive detection systems and $171,500,000 shall be Security that an independent verification and $35,000, except that the Secretary of Homeland available only for installation of checked bag- validation agent is currently under contract for Security, or the designee of the Secretary, may gage explosive detection systems; and not to ex- the project; waive that amount as necessary for national se- ceed $961,448,000 shall be for aviation security (5) is reviewed and approved by the Depart- curity purposes and in cases of immigration direction and enforcement presence: Provided ment of Homeland Security Investment Review emergencies: Provided further, That none of the further, That the Transportation Security Ad- Board, the Secretary of Homeland Security, and funds in this Act or any other appropriations ministration shall provide passenger and bag- the Office of Management and Budget; and Act may be used to fund any activity other than gage screeners and related resources at the New (6) is reviewed by the Government Account- those activities funded in fiscal year 2005 to fa- Castle Airport in Wilmington, Delaware, as long ability Office. cilitate agreements consistent with section 287(g) as commercial air service is provided at that air- AIR AND MARINE INTERDICTION, OPERATIONS, of the Immigration and Nationality Act (8 port: Provided further, That of the funds appro- MAINTENANCE, AND PROCUREMENT U.S.C. 1357(g)): Provided further, That of the priated under this heading, $25,000,000 shall not be obligated until after the Secretary of Home- (INCLUDING RESCISSION OF FUNDS) total amount provided, $15,770,000 shall be for land Security submits to the Committees on Ap- For necessary expenses for the operations, activities to enforce laws against forced child labor in fiscal year 2007, of which not to exceed propriations of the Senate and the House of maintenance, and procurement of marine ves- Representatives a detailed report in response to sels, aircraft, unmanned aerial vehicles, and $6,000,000 shall remain available until expended: Provided further, That an additional $58,000,000 findings in the Department of Homeland Secu- other related equipment of the air and marine rity Office of Inspector General report (OIG–04– program, including operational training and shall be available under this heading and au- thorized for 1,700 additional detention beds 44) concerning contractor fees: Provided further, mission-related travel, and rental payments for That security service fees authorized under sec- facilities occupied by the air or marine interdic- spaces and the necessary operational and mis- sion support positions, information technology, tion 44940 of title 49, United States Code, shall tion and demand reduction programs, the oper- be credited to this appropriation as offsetting ations of which include the following: the inter- relocation costs, and training for those beds and the amount made available under the heading collections and shall be available only for avia- diction of narcotics and other goods; the provi- tion security: Provided further, That the sum sion of support to Federal, State, and local ‘‘DISASTER RELIEF’’ in this Act is reduced by $58,000,000. herein appropriated from the General Fund agencies in the enforcement or administration of shall be reduced on a dollar-for-dollar basis as FEDERAL PROTECTIVE SERVICE laws enforced by the Department of Homeland such offsetting collections are received during Security; and at the discretion of the Secretary The revenues and collections of security fees fiscal year 2007, so as to result in a final fiscal of Homeland Security, the provision of assist- credited to this account, not to exceed year appropriation from the General Fund esti- ance to Federal, State, and local agencies in $516,011,000, shall be available until expended mated at not more than $2,331,580,000 Provided other law enforcement and emergency humani- for necessary expenses related to the protection further, That any security service fees collected tarian efforts, $472,499,000, to remain available of federally-owned and leased buildings and for in excess of the amount made available under until expended: Provided, That no aircraft or the operations of the Federal Protective Service. this heading shall become available during fis- other related equipment, with the exception of AUTOMATION MODERNIZATION cal year 2008: Provided further, That notwith- aircraft that are one of a kind and have been For expenses of immigration and customs en- standing section 44923 of title 49, United States identified as excess to United States Customs forcement automated systems, $20,000,000, to re- Code, the share of the cost of the Federal Gov- and Border Protection requirements and aircraft main available until expended: Provided, That ernment for a project under any letter of intent that have been damaged beyond repair, shall be of the funds made available under this heading, shall be 75 percent for any medium or large hub transferred to any other Federal agency, depart- $16,000,000 may not be obligated until the Com- airport and not more than 90 percent for any ment, or office outside of the Department of mittees on Appropriations of the Senate and the other airport, and all funding provided by sec- Homeland Security during fiscal year 2007 with- House of Representatives receive and approve a tion 44923(h) of title 49 United States Code, or out the prior approval of the Committees on Ap- plan for expenditure prepared by the Secretary from appropriations authorized under section propriations of the Senate and the House of of Homeland Security that— 44923(i)(1) of title 49, United States Code, may be Representatives. (1) meets the capital planning and investment distributed in any manner determined necessary In addition, of the funds appropriated under control review requirements established by the to ensure aviation security and to fulfill the this heading in title II of the Department of Office of Management and Budget, including Government’s planned cost share under existing Homeland Security Appropriations Act, 2006 Circular A–11, part 7; letters of intent: Provided further, That Mem- (Public Law 109–90; 119 Stat. 2068) for a covert (2) complies with the Department of Homeland bers of the United States House of Representa- manned surveillance aircraft, $14,000,000 are re- Security information systems enterprise archi- tives and United States Senate, including the scinded. tecture; leadership; and the heads of Federal agencies CONSTRUCTION (3) complies with the acquisition rules, re- and commissions, including the Secretary, For necessary expenses to plan, construct, quirements, guidelines, and systems acquisition Under Secretaries, and Assistant Secretaries of renovate, equip, and maintain buildings and fa- management practices of the Federal Govern- the Department of Homeland Security; the cilities necessary for the administration and en- ment; United States Attorney General and Assistant forcement of the laws relating to customs and (4) includes a certification by the Chief Infor- Attorneys General and the United States attor- immigration, $288,084,000, to remain available mation Officer of the Department of Homeland neys; and senior members of the Executive Of- until expended. Security that an independent verification and fice of the President, including the Director of validation agent is currently under contract for the Office of Management and Budget; shall not IMMIGRATION AND CUSTOMS ENFORCEMENT the project; be exempt from Federal passenger and baggage SALARIES AND EXPENSES (5) is reviewed and approved by the Depart- screening: Provided further, That beginning in For necessary expenses for enforcement of im- ment of Homeland Security Investment Review fiscal year 2007 and thereafter, reimbursement migration and customs laws, detention and re- Board, the Secretary of Homeland Security, and for security services and related equipment and movals, and investigations; and purchase and the Office of Management and Budget; and supplies provided in support of general aviation lease of up to 2,740 (2,000 for replacement only) (6) is reviewed by the Government Account- access to the Ronald Reagan Washington Na- police-type vehicles; $3,740,357,000, of which not ability Office. tional Airport shall be credited to this appro- to exceed $7,500,000 shall be available until ex- CONSTRUCTION priation and shall be available until expended solely for these purposes. pended for conducting special operations under For necessary expenses to plan, construct, SURFACE TRANSPORTATION SECURITY section 3131 of the Customs Enforcement Act of renovate, equip, and maintain buildings and fa- 1986 (19 U.S.C. 2081); of which not to exceed cilities necessary for the administration and en- For necessary expenses of the Transportation $15,000 shall be for official reception and rep- forcement of the laws relating to customs and Security Administration related to providing resentation expenses; of which not to exceed immigration, $101,281,000, to remain available surface transportation security activities, $1,000,000 shall be for awards of compensation until expended. $37,200,000, to remain available until September to informants, to be accounted for solely under 30, 2008. the certificate of the Secretary of Homeland Se- TRANSPORTATION SECURITY ADMINISTRATION TRANSPORTATION THREAT ASSESSMENT AND curity; of which not less than $102,000 shall be AVIATION SECURITY CREDENTIALING for promotion of public awareness of the child For necessary expenses of the Transportation For necessary expenses for the development pornography tipline; of which not less than Security Administration related to providing and implementation of screening programs of $203,000 shall be for Project Alert; of which not civil aviation security services under the Avia- the Office of Transportation Threat Assessment less than $5,400,000 may be used to facilitate tion and Transportation Security Act (49 U.S.C. and Credentialing, $29,700,000, to remain avail- agreements consistent with section 287(g) of the 40101 note; Public Law 107–71; 115 Stat. 597), able until September 30, 2008.

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TRANSPORTATION SECURITY SUPPORT changes to the plan for the fiscal year; an an- ALTERATION OF BRIDGES For necessary expenses of the Transportation nual performance comparison of Deepwater as- For necessary expenses for alteration or re- Security Administration related to providing sets to pre-Deepwater legacy assets; a status re- moval of obstructive bridges, as authorized by transportation security support and intelligence port of legacy assets; a detailed explanation of section 6 of the Truman-Hobbs Act (33 U.S.C. under the Aviation and Transportation Security how the costs of legacy assets are being ac- 516), $15,000,000, to remain available until ex- Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. counted for within the Deepwater program; an pended. 40101 note), $618,865,000, to remain available explanation of why many assets that are ele- RESEARCH, DEVELOPMENT, TEST, AND until September 30, 2008. ments of the Integrated Deepwater System are EVALUATION FEDERAL AIR MARSHALS not accounted for within the Deepwater appro- For necessary expenses for applied scientific For necessary expenses of the Federal Air priation under this heading; a description of the research, development, test, and evaluation; and Marshals, $699,294,000. competitive process conducted in all contracts for maintenance, rehabilitation, lease, and oper- UNITED STATES COAST GUARD and subcontracts exceeding $5,000,000 within the ation of facilities and equipment; as authorized Deepwater program; a description of how the OPERATING EXPENSES by law; $17,573,000, to remain available until ex- Coast Guard is planning for the human resource For necessary expenses for the operation and pended, of which $495,000 shall be derived from needs of Deepwater assets; and the earned value the Oil Spill Liability Trust Fund to carry out maintenance of the United States Coast Guard management system gold card data for each not otherwise provided for; purchase or lease of the purposes of section 1012(a)(5) of the Oil Pol- Deepwater asset: Provided further, That the lution Act of 1990 (33 U.S.C. 2712(a)(5)): Pro- not to exceed 25 passenger motor vehicles, which Secretary shall submit to the Committees on Ap- shall be for replacement only; payments under vided, That there may be credited to and used propriations of the Senate and the House of for the purposes of this appropriation funds re- section 156 of Public Law 97–377 (42 U.S.C. 402 Representatives a comprehensive review of the note; 96 Stat. 1920); and recreation and welfare; ceived from State and local governments, other Revised Deepwater Implementation Plan every 5 public authorities, private sources, and foreign $5,534,349,000, of which $340,000,000 shall be for years, beginning in fiscal year 2011, that in- defense-related activities; of which $24,255,000 countries for expenses incurred for research, de- cludes a complete projection of the acquisition velopment, testing, and evaluation. shall be derived from the Oil Spill Liability costs and schedule for the duration of the plan RETIRED PAY Trust Fund to carry out the purposes of section through fiscal year 2027: Provided further, That For retired pay, including the payment of ob- 1012(a)(5) of the Oil Pollution Act of 1990 (33 the Secretary shall annually submit to the Com- ligations otherwise chargeable to lapsed appro- U.S.C. 2712(a)(5)); and of which not to exceed mittees on Appropriations of the Senate and the priations for this purpose, payments under the $10,000 shall be for official reception and rep- House of Representatives, at the time that the Retired Serviceman’s Family Protection and resentation expenses: Provided, That none of President’s budget is submitted under section Survivor Benefits Plans, payment for career sta- the funds made available by this or any other 1105(a) of title 31, United States Code, a future- tus bonuses, concurrent receipts and combat-re- Act shall be available for administrative ex- years capital investment plan for the Coast lated special compensation under the National penses in connection with shipping commis- Guard that identifies for each capital budget Defense Authorization Act, and payments for sioners in the United States: Provided further, line item— That none of the funds made available by this medical care of retired personnel and their de- (1) the proposed appropriation included in Act shall be for expenses incurred for yacht doc- pendents under chapter 55 of title 10, United that budget; umentation under section 12109 of title 46, States Code, $1,063,323,000. (2) the total estimated cost of completion; United States Code, except to the extent fees are UNITED STATES SECRET SERVICE (3) projected funding levels for each fiscal collected from yacht owners and credited to this PROTECTION, ADMINISTRATION, AND TRAINING appropriation. year for the next five fiscal years or until project completion, whichever is earlier; For necessary expenses of the United States ENVIRONMENTAL COMPLIANCE AND RESTORATION Secret Service, including purchase of not to ex- For necessary expenses to carry out the envi- (4) an estimated completion date at the pro- jected funding levels; and ceed 755 vehicles for police-type use, of which ronmental compliance and restoration functions 624 shall be for replacement only, and hire of (5) changes, if any, in the total estimated cost of the United States Coast Guard under chapter passenger motor vehicles; purchase of motor- of completion or estimated completion date from 19 of title 14, United States Code, $10,880,000, to cycles made in the United States; hire of air- previous future-years capital investment plans remain available until expended. craft; services of expert witnesses at such rates submitted to the Committees on Appropriations RESERVE TRAINING as may be determined by the Director of the Se- of the Senate and the House of Representatives: For necessary expenses of the Coast Guard cret Service; rental of buildings in the District of Reserve, as authorized by law; operations and Provided further, That the Secretary shall en- Columbia, and fencing, lighting, guard booths, maintenance of the reserve program; personnel sure that amounts specified in the future-years and other facilities on private or other property and training costs; and equipment and services; capital investment plan are consistent to the not in Government ownership or control, as may $123,948,000. maximum extent practicable with proposed ap- be necessary to perform protective functions; ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS propriations necessary to support the programs, payment of per diem or subsistence allowances (INCLUDING RESCISSIONS OF FUNDS) projects, and activities of the Coast Guard in to employees where a protective assignment dur- For necessary expenses of acquisition, con- the President’s budget as submitted under sec- ing the actual day or days of the visit of a struction, renovation, and improvement of aids tion 1105(a) of title 31, United States Code, for protectee requires an employee to work 16 hours to navigation, shore facilities, vessels, and air- that fiscal year: Provided further, That any in- per day or to remain overnight at a post of duty; craft, including equipment related thereto; and consistencies between the capital investment conduct of and participation in firearms maintenance, rehabilitation, lease and oper- plan and proposed appropriations shall be iden- matches; presentation of awards; travel of Se- ation of facilities and equipment, as authorized tified and justified. cret Service employees on protective missions by law; $1,145,329,000, of which $19,800,000 shall In addition, of the funds appropriated under without regard to the limitations on such ex- be derived from the Oil Spill Liability Trust this heading in title II of the Department of penditures in this or any other Act if approval Fund to carry out the purposes of section Homeland Security Appropriations Act, 2006 is obtained in advance from the Committees on 1012(a)(5) of the Oil Pollution Act of 1990 (33 (Public Law 109–90; 119 Stat. 2087), $79,200,000 Appropriations of the Senate and the House of U.S.C. 2712(a)(5)); of which $24,750,000 shall be are rescinded from the unexpended balances Representatives; research and development; available until September 30, 2011, to acquire, specifically identified in the Joint Explanatory grants to conduct behavioral research in sup- repair, renovate, or improve vessels, small boats, Statement (House Report 109–241) accompanying port of protective research and operations; and and related equipment; of which $14,000,000 that Act for the Fast Response Cutter, the serv- payment in advance for commercial accommoda- shall be available until September 30, 2011, to in- ice life extension program of the current 110-foot tions as may be necessary to perform protective crease aviation capability; of which $92,268,000 Island Class patrol boat fleet, and accelerated functions; $918,028,000, of which not to exceed shall be available until September 30, 2009, for design and production of the Fast Response $25,000 shall be for official reception and rep- other equipment; of which $20,680,000 shall be Cutter. resentation expenses: Provided, That up to available until September 30, 2009, for shore fa- In addition, of the funds appropriated under $18,000,000 provided for protective travel shall cilities and aids to navigation facilities; and of this heading in title II of the Department of remain available until September 30, 2008: Pro- which $993,631,000 shall be available until Sep- Homeland Security Appropriations Act, 2006 vided further, That the United States Secret tember 30, 2011, for the Integrated Deepwater (Public Law 109–90; 119 Stat. 2087), $1,933,000 Service is authorized to obligate funds in antici- Systems program: Provided, That the Com- are rescinded from the unexpended balances pation of reimbursements from Federal agencies mandant of the Coast Guard is authorized to specifically identified in the Joint Explanatory and entities, as defined in section 105 of title 5, dispose of surplus real property, by sale or lease, Statement (House Report 109–241) accompanying United States Code, receiving training sponsored and the proceeds shall be credited to this appro- that Act for the covert surveillance aircraft. by the James J. Rowley Training Center, except priation as offsetting collections and shall be In addition, of the funds appropriated under that total obligations at the end of the fiscal available until September 30, 2009: Provided fur- this heading in title II of the Department of year shall not exceed total budgetary resources ther, That the Secretary of Homeland Security Homeland Security Appropriations Act, 2006 available under this heading at the end of the shall submit to the Committees on Appropria- (Public Law 109–90; 119 Stat. 2087), $1,835,000 fiscal year. tions of the Senate and the House of Represent- are rescinded from the unexpended balances INVESTIGATIONS AND FIELD OPERATIONS atives, in conjunction with the President’s fiscal specifically identified in the Joint Explanatory For necessary expenses for investigations and year 2008 budget, a review of the Revised Deep- Statement (House Report 109–241) accompanying field operations of the United States Secret Serv- water Implementation Plan that identifies any that Act for the automatic identification system. ice, not otherwise provided for, including costs

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7636 CONGRESSIONAL RECORD — SENATE July 17, 2006 related to office space and services of expert wit- later than September 30, 2007, the Secretary overtime and overtime associated with Office for nesses at such rate as may be determined by the shall distribute any unallocated funds provided Domestic Preparedness certified training, as Director of the Secret Service, $304,205,000; of for in title III of the Department of Homeland needed: Provided further, That the Government which not to exceed $100,000 shall be to provide Security Appropriations Act, 2006 (Public Law Accountability Office shall report on the valid- technical assistance and equipment to foreign 109–90; 119 Stat. 2075) under the heading ‘‘STATE ity, relevance, reliability, timeliness, and avail- law enforcement organizations in counterfeit in- AND LOCAL PROGRAMS’’ under the heading ‘‘OF- ability of the risk factors (including threat, vul- vestigations; of which $2,366,000 shall be for fo- FICE FOR DOMESTIC PREPAREDNESS’’ to assist or- nerability, and consequence) used by the Sec- rensic and related support of investigations of ganizations (as described under section 501(c)(3) retary for the purpose of allocating discre- missing and exploited children; and of which of the Internal Revenue Code of 1986 and ex- tionary grants funded under this heading, and $6,000,000 shall be a grant for activities related empt from tax under section 501(a) of such the application of those factors in the allocation to the investigations of missing and exploited Code) determined by the Secretary to be at high- of funds to the Committees on Appropriations of children and shall remain available until ex- risk or potential high-risk of a terrorist attack: the Senate and the House of Representatives on pended. Provided further, That applicants shall provide its findings not later than 45 days after the date ACQUISITION, CONSTRUCTION, IMPROVEMENTS, for the Secretary’s consideration prior threats or of enactment of this Act: Provided further, That AND RELATED EXPENSES attacks (within or outside the United States) by within 7 days after the date of enactment of this For necessary expenses for acquisition, con- a terrorist organization, network, or cell against Act, the Secretary shall provide the Government struction, repair, alteration, and improvement of an organization described in the previous pro- Accountability Office with the threat and risk facilities, $3,725,000, to remain available until viso, and the Secretary shall consider prior methodology and factors that will be used to al- expended. threats or attacks (within or outside the United locate discretionary grants funded under this TITLE III States) against such organizations when deter- heading. PREPAREDNESS AND RECOVERY mining risk: Provided further, That the Sec- FIREFIGHTER ASSISTANCE GRANTS PREPAREDNESS retary shall report to the Committees on Appro- For necessary expenses for programs author- priations of the Senate and the House of Rep- MANAGEMENT AND ADMINISTRATION ized by the Federal Fire Prevention and Control resentatives the risk to each designated tax ex- Act of 1974 (15 U.S.C. 2201 et seq.), $680,000,000, For salaries and expenses of the Office of the empt grantee at least 3 full business days in ad- of which $552,500,000 shall be available to carry Under Secretary for Preparedness, the Office of vance of the announcement of any grant award; out section 33 of that Act (15 U.S.C. 2229) and the Chief Medical Officer, and the Office of Na- (B) $210,000,000 shall be for port security $127,500,000 shall be available to carry out sec- tional Capital Region Coordination, $30,572,000, grants for the purposes of section 70107(a) tion 34 (15 U.S.C. 2229a) of that Act, to remain of which no less than $2,741,000 may be used for through (h) of title 46, United States Code, the Office of National Capital Region Coordina- available until September 30, 2008: Provided, which shall be awarded based on risk notwith- That not to exceed 5 percent of this amount tion, and of which $6,459,000 shall be for the Na- standing subsection (a), for eligible costs as de- tional Preparedness Integration Program: Pro- shall be available for program administration. fined in subsections (b)(2), (3), and (4); EMERGENCY MANAGEMENT PERFORMANCE GRANTS vided, That none of the funds made available (C) $5,000,000 shall be for trucking industry under this heading may be obligated for the Na- For necessary expenses for emergency man- security grants; agement performance grants, as authorized by tional Preparedness Integration Program until (D) $12,000,000 shall be for intercity bus secu- the National Flood Insurance Act of 1968 (42 the Committees on Appropriations of the Senate rity grants; U.S.C. 4001 et seq.), the Robert T. Stafford Dis- and the House of Representatives receive and (E) $150,000,000 shall be for intercity pas- aster Relief and Emergency Assistance Act (42 approve a plan for expenditure prepared by the senger rail transportation (as defined in section U.S.C. 5121 et seq.), the Earthquake Hazards Secretary of Homeland Security: Provided fur- 24102 of title 49, United States Code), freight Reduction Act of 1977 (42 U.S.C. 7701 et seq.), ther, That not to exceed $7,000 shall be for offi- rail, and transit security grants; and cial reception and representation expenses: Pro- (F) $50,000,000 shall be for buffer zone protec- and Reorganization Plan No. 3 of 1978 (5 U.S.C. vided further, That none of the funds made tion grants: App.), $220,000,000: Provided, That total admin- available in this title under the heading ‘‘Man- Provided, That for grants under subparagraph istrative costs shall not exceed 3 percent of the agement and Administration’’ may be used for (A), the application for grants shall be made total appropriation. travel by an officer or employee of the Depart- available to States within 45 days after the date RADIOLOGICAL EMERGENCY PREPAREDNESS ment of Homeland Security until the Under Sec- of enactment of this Act; that States shall sub- PROGRAM retary for Preparedness has implemented the mit applications within 90 days after the grant The aggregate charges assessed during fiscal recommendations in the report by the Inspector announcement; and that the Office for Domestic year 2007, as authorized in title III of the De- General of the Department of Homeland Secu- Preparedness shall act within 90 days after re- partments of Veterans Affairs and Housing and rity titled ‘‘Progress in Developing the National ceipt of an application: Provided further, That Urban Development, and Independent Agencies Asset Database’’, dated June 2006; or until the not less than 80 percent of any grant under this Appropriations Act, 1999 (42 U.S.C. 5196e), shall Under Secretary for Preparedness submits a re- paragraph to a State shall be made available by not be less than 100 percent of the amounts an- port to the Committee on Homeland Security the State to local governments within 60 days ticipated by the Department of Homeland Secu- and Governmental Affairs and the Committee on after the receipt of the funds: Provided further, rity necessary for its radiological emergency pre- Appropriations of the Senate and the Committee That for grants under subparagraphs (B) paredness program for the next fiscal year: Pro- on Homeland Security and the Committee on through (F), the applications for such grants vided, That the methodology for assessment and Appropriations of the House of Representatives shall be made available to eligible applicants not collection of fees shall be fair and equitable and explaining why such recommendations have not later than 75 days after the date of enactment of shall reflect costs of providing such services, in- been fully implemented. this Act, eligible applicants shall submit appli- cluding administrative costs of collecting such OFFICE FOR DOMESTIC PREPAREDNESS cations not later than 45 days after the date of fees: Provided further, That fees received under STATE AND LOCAL PROGRAMS the grant announcement, and the Office for Do- this heading shall be deposited in this account For grants, contracts, cooperative agreements, mestic Preparedness shall act on such applica- as offsetting collections and will become avail- and other activities, including grants to State tions not later than 45 days after the date on able for authorized purposes on October 1, 2007, and local governments for terrorism prevention which such an application is received. and remain available until expended. activities, notwithstanding any other provision (3) $40,000,000 shall be available for the Com- UNITED STATES FIRE ADMINISTRATION AND of law, $2,400,000,000, which shall be allocated mercial Equipment Direct Assistance Program. TRAINING (4) $338,000,000 for training, exercises, tech- as follows: For necessary expenses of the United States (1) $500,000,000 for formula-based grants and nical assistance, and other programs (including Fire Administration and for other purposes, as $350,000,000 for law enforcement terrorism pre- mass evacuation preparation and exercises): authorized by the Federal Fire Prevention and vention grants under section 1014 of the USA Provided, That not less than $18,000,000 is for Control Act of 1974 (15 U.S.C. 2201 et seq.) and PATRIOT ACT (42 U.S.C. 3714): Provided, That technical assistance: the Homeland Security Act of 2002 (6 U.S.C. 101 the application for grants shall be made avail- Provided, That none of the grants provided et seq.), $45,887,000. able to States within 45 days after the date of under this heading shall be used for the con- enactment of this Act; that States shall submit struction or renovation of facilities, except for a INFRASTRUCTURE PROTECTION AND INFORMATION applications within 90 days after the grant an- minor perimeter security project, not to exceed SECURITY nouncement; and that the Office for Domestic $1,000,000, as determined necessary by the Sec- For necessary expenses for infrastructure pro- Preparedness shall act within 90 days after the retary of Homeland Security: Provided further, tection and information security programs and grant announcement: Provided further, That That the proceeding proviso shall not apply to activities, as authorized by title II of the Home- not less than 80 percent of any grant under this grants under subparagraphs (B), (E), and (F) of land Security Act of 2002 (6 U.S.C. 121 et seq.), paragraph to a State (other than Puerto Rico) paragraph (2) of this heading: Provided further, $525,056,000, of which $442,547,000 shall remain shall be made available by the State to local That grantees shall provide additional reports available until September 30, 2008: Provided, governments within 60 days after the receipt of on their use of funds, as determined necessary That of the amount made available under this the funds. by the Secretary of Homeland Security: Pro- heading, $20,000,000 may not be obligated until (2) $1,172,000,000 for discretionary grants, as vided further, That funds appropriated for law the Secretary submits to the Committees on Ap- determined by the Secretary of Homeland Secu- enforcement terrorism prevention grants under propriations of the Senate and House of Rep- rity, of which— paragraph (1) and discretionary grants under resentatives the report required in House Report (A) $745,000,000 shall be for use in high-threat, paragraph (2)(A) of this heading shall be avail- 109–241 accompanying the Department of Home- high-density urban areas: Provided, That not able for operational costs, to include personnel land Security Appropriations Act, 2006 (Public

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Law 109–90) on resources necessary to implement PUBLIC HEALTH PROGRAMS U.S.C. 4001 et seq.), to remain available until mandatory security requirements for the Na- (INCLUDING TRANSFER OF FUNDS) September 30, 2008, including up to $31,000,000 tion’s chemical sector and to create a system for For necessary expenses for countering poten- for flood mitigation expenses under section 1366 auditing and ensuring compliance with the se- tial biological, disease, and chemical threats to of that Act, which amount shall be available for curity standards: Provided further, That not civilian populations, $33,885,000: Provided, That transfer to the National Flood Mitigation Fund later than 120 days after the date of the enact- the total amount appropriated and, notwith- until September 30, 2008: Provided, That in fis- ment of this Act, the Secretary of Homeland Se- standing any other provision of law, the func- cal year 2007, no funds in excess of: (1) curity shall submit a classified report describing tions, personnel, assets, and liabilities of the $70,000,000 for operating expenses; (2) the security vulnerabilities of all rail, transit, National Disaster Medical System established $692,999,000 for commissions and taxes of agents; and highway bridges and tunnels connecting under section 2811(b) of the Public Health Serv- (3) such sums as necessary for interest on Treas- Northern New Jersey and New York City to the ice Act (42 U.S.C. 300hh–11(b)), including any ury borrowings shall be available from the Na- Committee on Appropriations of the Senate; the functions of the Secretary of Homeland Security tional Flood Insurance Fund; and (4) not to ex- Committee on Appropriations of the House of relating to such System, shall be permanently ceed $50,000,000 for flood mitigation actions with Representatives; the Committee on Commerce, transferred to the Secretary of the Department respect to severe repetitive loss properties under Science, and Transportation of the Senate; and of Health and Human Services effective January section 1361A of that Act and repetitive insur- the Committee on Transportation and Infra- 1, 2007. ance claims properties under section 1323 of that structure of the House of Representatives. Act, which shall remain available until ex- DISASTER RELIEF pended: Provided further, That total adminis- FEDERAL EMERGENCY MANAGEMENT (INCLUDING TRANSFER OF FUNDS) trative costs shall not exceed 3 percent of the AGENCY For necessary expenses in carrying out the total appropriation. Robert T. Stafford Disaster Relief and Emer- ADMINISTRATIVE AND REGIONAL OPERATIONS NATIONAL FLOOD MITIGATION FUND gency Assistance Act (42 U.S.C. 5121 et seq.), (INCLUDING TRANSFER OF FUNDS) For necessary expenses for administrative and $1,640,000,000, to remain available until ex- regional operations, $249,499,000, including ac- pended: Provided, That of the total amount pro- Notwithstanding subparagraphs (B) and (C) tivities authorized by the National Flood Insur- vided, not to exceed $15,000,000 shall be trans- of subsection (b)(3), and subsection (f), of sec- ance Act of 1968 (42 U.S.C. 4001 et seq.), the ferred to the Department of Homeland Security tion 1366 of the National Flood Insurance Act of Robert T. Stafford Disaster Relief and Emer- Office of Inspector General for audits and inves- 1968 (42 U.S.C. 4104c), $31,000,000, to remain gency Assistance Act (42 U.S.C. 5121 et seq.), the tigations related to natural disasters subject to available until September 30, 2008, for activities Earthquake Hazards Reduction Act of 1977 (42 section 503 of this Act: Provided further, That designed to reduce the risk of flood damage to U.S.C. 7701 et seq.), the Defense Production Act none of the funds appropriated or otherwise structures pursuant to such Act, of which of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 made available under this heading may be used $31,000,000 shall be derived from the National and 303 of the National Security Act of 1947 (50 to enter into contracts using procedures based Flood Insurance Fund. U.S.C. 404, 405), Reorganization Plan No. 3 of upon the unusual and compelling urgency ex- NATIONAL PRE-DISASTER MITIGATION FUND 1978 (5 U.S.C. App.), and the Homeland Security ception to competitive procedures requirements For a pre-disaster mitigation grant program Act of 2002 (6 U.S.C. 101 et seq.): Provided, That under section 303(c)(2) of the Federal Property under title II of the Robert T. Stafford Disaster not to exceed $3,000 shall be for official recep- and Administrative Services Act of 1949 (41 Relief and Emergency Assistance Act (42 U.S.C. tion and representation expenses. U.S.C. 253(c)(2)) or section 2304(c)(2) of title 10, 5131 et seq.), $149,978,000, to remain available United States Code, unless the contract is for until expended: Provided, That grants made for READINESS, MITIGATION, RESPONSE, AND the procurement of only such property and serv- pre-disaster mitigation shall be awarded on a RECOVERY ices as are necessary to address the immediate competitive basis subject to the criteria in sec- For necessary expenses for readiness, mitiga- emergency and is only for so long as is nec- tion 203(g) of such Act (42 U.S.C. 5133(g)), and tion, response, and recovery activities, essary to put competitive procedures in place in notwithstanding section 203(f) of such Act, shall $240,000,000, including activities authorized by connection with such procurement and the Sec- be made without reference to State allocations, the National Flood Insurance Act of 1968 (42 retary of Homeland Security notifies the Com- quotas, or other formula-based allocation of U.S.C. 4001 et seq.), the Robert T. Stafford Dis- mittees on Appropriations and Homeland Secu- funds: Provided further, That total administra- aster Relief and Emergency Assistance Act (42 rity and Government Affairs of the Senate and tive costs shall not exceed 3 percent of the total U.S.C. 5121 et seq.), the Earthquake Hazards Appropriations and Homeland Security of the appropriation. House of Representatives of such contract not Reduction Act of 1977 (42 U.S.C. 7701 et seq.), EMERGENCY FOOD AND SHELTER the Defense Production Act of 1950 (50 U.S.C. later than 7 days after the contract is entered into. To carry out an emergency food and shelter App. 2061 et seq.), sections 107 and 303 of the program under title III of the Stewart B. DISASTER ASSISTANCE DIRECT LOAN PROGRAM National Security Act of 1947 (50 U.S.C. 404, McKinney Homeless Assistance Act (42 U.S.C. ACCOUNT 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 11331 et seq.), $151,470,000, to remain available App.), and the Homeland Security Act of 2002 (6 For administrative expenses to carry out the until expended: Provided, That total adminis- U.S.C. 101 et seq.): Provided, That of the total direct loan program, as authorized by section trative costs shall not exceed 3.5 percent of the amount made available under this heading, 319 of the Robert T. Stafford Disaster Relief and total appropriation. $30,000,000 shall be for Urban Search and Res- Emergency Assistance Act (42 U.S.C. 5162), cue Teams, of which not to exceed $1,600,000 $569,000: Provided, That gross obligations for TITLE IV may be made available for administrative costs: the principal amount of direct loans shall not RESEARCH AND DEVELOPMENT, Provided further, That the Secretary of Home- exceed $25,000,000: Provided further, That the TRAINING, AND SERVICES land Security, in consultation with the Sec- cost of modifying such loans shall be as defined UNITED STATES CITIZENSHIP AND IMMIGRATION retary of Health and Human Services and the in section 502 of the Congressional Budget Act SERVICES Attorney General of the United States, shall of 1974 (2 U.S.C. 661a). For necessary expenses for citizenship and im- conduct an assessment of the models used by the FLOOD MAP MODERNIZATION FUND migration services, $134,990,000. Louisiana family assistance call center and the For necessary expenses under section 1360 of National Center for Missing and Exploited Chil- FEDERAL LAW ENFORCEMENT TRAINING CENTER the National Flood Insurance Act of 1968 (42 dren in assisting individuals displaced by Hurri- SALARIES AND EXPENSES U.S.C. 4101), $198,980,000, and such additional cane Katrina of 2005 in locating members of For necessary expenses of the Federal Law sums as may be provided by State and local gov- their family to determine how these models may Enforcement Training Center, including mate- ernments or other political subdivisions for cost- be modified to assist individuals displaced in a rials and support costs of Federal law enforce- shared mapping activities under section major disaster (as that term is defined in section ment basic training; purchase of not to exceed 1360(f)(2) of such Act, to remain available until 102 of the Robert T. Stafford Disaster Relief and 117 vehicles for police-type use and hire of pas- expended: Provided, That total administrative Emergency Assistance Act (42 U.S.C. 5122) in lo- senger motor vehicles; expenses for student ath- costs shall not exceed 3 percent of the total ap- cating members of their family: Provided fur- letic and related activities; the conduct of and propriation. ther, That the Secretary of Homeland Security participation in firearms matches and presen- shall submit to the chairman and ranking mem- NATIONAL FLOOD INSURANCE FUND tation of awards; public awareness and en- ber of the Committee on Homeland Security and (INCLUDING TRANSFER OF FUNDS) hancement of community support of law en- Governmental Affairs; the Committee on Health, For activities under the National Flood Insur- forcement training; room and board for student Education, Labor, and Pensions; and the Com- ance Act of 1968 (42 U.S.C. 4001 et seq.), and the interns; a flat monthly reimbursement to em- mittee on the Judiciary of the Senate; and the Flood Disaster Protection Act of 1973 (42 U.S.C. ployees authorized to use personal mobile chairman and ranking member of the Committee 4001 et seq.), $128,588,000, which is available as phones for official duties; and services as au- on Homeland Security, the Committee on Energy follows: (1) not to exceed $38,230,000 for salaries thorized by section 3109 of title 5, United States and Commerce, and the Committee on the Judi- and expenses associated with flood mitigation Code; $207,634,000, of which up to $43,910,000 for ciary of the House of Representatives results of and flood insurance operations; and (2) not to materials and support costs of Federal law en- the assessment conducted under the previous exceed $90,358,000 for flood hazard mitigation forcement basic training shall remain available proviso; as well as a plan to implement the find- which shall be derived from offsetting collec- until September 30, 2008; of which $300,000 shall ings of such assessment, to the maximum extent tions assessed and collected under section 1307 remain available until expended for Federal law practicable. of the National Flood Insurance Act of 1968 (42 enforcement agencies participating in training

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7638 CONGRESSIONAL RECORD — SENATE July 17, 2006 accreditation, to be distributed as determined by transformation research and development; and ments existing programs, projects, or activities; the Federal Law Enforcement Training Center of which no less than $40,000,000 shall be made (2) reduces by 10 percent funding for any exist- for the needs of participating agencies; and of available for radiation portal monitor research ing program, project, or activity, or numbers of which not to exceed $12,000 shall be for official and development: Provided, That of the amount personnel by 10 percent as approved by the Con- reception and representation expenses: Pro- provided, $80,000,000 shall not be obligated until gress; or (3) results from any general savings vided, That the Center is authorized to obligate the Secretary of Homeland Security provides no- from a reduction in personnel that would result funds in anticipation of reimbursements from tification to the Committees on Appropriations in a change in existing programs, projects, or agencies receiving training sponsored by the of the Senate and the House of Representatives activities as approved by the Congress; unless Center, except that total obligations at the end that the Domestic Nuclear Detection Office has the Committees on Appropriations of the Senate of the fiscal year shall not exceed total budg- entered into a Memorandum of Understanding and the House of Representatives are notified 15 etary resources available at the end of the fiscal with each Federal entity and organization: Pro- days in advance of such reprogramming of year. vided further, That each Memorandum of Un- funds. ACQUISITION, CONSTRUCTION, IMPROVEMENTS, derstanding shall include a description of the (c) Not to exceed 5 percent of any appropria- AND RELATED EXPENSES role, responsibilities, and resource commitment tion made available for the current fiscal year For acquisition of necessary additional real of each Federal entity or organization for the for the Department of Homeland Security by property and facilities, construction, and ongo- domestic nuclear global architecture. this Act or provided by previous appropriations ing maintenance, facility improvements, and re- SYSTEMS ACQUISITION Acts may be transferred between such appro- lated expenses of the Federal Law Enforcement For expenses for the Domestic Nuclear Detec- priations, but no such appropriations, except as Training Center, $63,246,000, to remain available tion Office acquisition and deployment of radio- otherwise specifically provided, shall be in- until expended: Provided, That the Center is au- logical detection systems in accordance with the creased by more than 10 percent by such trans- thorized to accept reimbursement to this appro- global nuclear detection architecture, fers: Provided, That any transfer under this sec- priation from government agencies requesting $178,000,000, to remain available until September tion shall be treated as a reprogramming of the construction of special use facilities. 30, 2009; and of which no less than $143,000,000 funds under subsection (b) of this section and SCIENCE AND TECHNOLOGY shall be for radiation portal monitors; and of shall not be available for obligation unless the which not to exceed $5,000,000 shall be for the Committees on Appropriations of the Senate and MANAGEMENT AND ADMINISTRATION Surge program: Provided, That none of the the House of Representatives are notified 15 For salaries and expenses of the Office of the funds provided for the Sodium Iodine Manufac- days in advance of such transfer. Under Secretary for Science and Technology turing program shall be made available until a (d) Notwithstanding subsections (a), (b), and and for management and administration of pro- cost-benefit analysis on the Advance (c) of this section, no funds shall be repro- grams and activities, as authorized by title III of Spectroscopic Portal monitors is submitted to the grammed within or transferred between appro- the Homeland Security Act of 2002 (6 U.S.C. 181 Committees on Appropriations of the Senate and priations after June 30, except in extraordinary et seq.), $104,414,000: Provided, That of the the House of Representatives by the Secretary of circumstances which imminently threaten the amount provided under this heading, $60,000,000 Homeland Security and reviewed by the Govern- safety of human life or the protection of prop- shall not be obligated until the Committees on ment Accountability Office. erty. Appropriations of the Senate and the House of SEC. 504. None of the funds appropriated or Representatives receive and approve an expendi- TITLE V otherwise made available to the Department of ture plan by program, project, and activity; GENERAL PROVISIONS Homeland Security may be used to make pay- with a detailed breakdown and justification of SEC. 501. No part of any appropriation con- ments to the ‘‘Department of Homeland Security the management and administrative costs for tained in this Act shall remain available for ob- Working Capital Fund’’, except for the activities each; prepared by the Secretary of Homeland ligation beyond the current fiscal year unless and amounts allowed in the President’s fiscal Security that has been reviewed by the Govern- expressly so provided herein. year 2007 budget, excluding sedan service, shut- ment Accountability Office: Provided further, SEC. 502. Subject to the requirements of section tle service, transit subsidy, mail operations, That the expenditure plan shall include the 503 of this Act, the unexpended balances of parking, and competitive sourcing: Provided, method utilized to derive administration costs in prior appropriations provided for activities in That any additional activities and amounts fiscal year 2006 and fiscal year 2007: Provided this Act may be transferred to appropriation ac- shall be approved by the Committees on Appro- further, That not to exceed $3,000 shall be for counts for such activities established under this priations of the Senate and the House of Rep- official reception and representation expenses. Act: Provided, That balances so transferred may resentatives 30 days in advance of obligation. RESEARCH, DEVELOPMENT, ACQUISITION, AND be merged with funds in the applicable estab- SEC. 505. Except as otherwise specifically pro- OPERATIONS lished accounts and thereafter may be ac- vided by law, not to exceed 50 percent of unobli- For necessary expenses for science and tech- counted for as one fund for the same time period gated balances remaining available at the end of nology research, including advanced research as originally enacted. fiscal year 2007 from appropriations for salaries projects; development; test and evaluation; ac- SEC. 503. (a) None of the funds provided by and expenses for fiscal year 2007 in this Act quisition; and operations; as authorized by title this Act, provided by previous appropriations shall remain available through September 30, III of the Homeland Security Act of 2002 (6 Acts to the agencies in or transferred to the De- 2008, in the account and for the purposes for U.S.C. 181 et seq.); $714,041,000, to remain avail- partment of Homeland Security that remain which the appropriations were provided: Pro- able until expended: Provided, That no univer- available for obligation or expenditure in fiscal vided, That prior to the obligation of such sity participating in the University-based Cen- year 2007, or provided from any accounts in the funds, a request shall be submitted to the Com- ters of Excellence Program shall receive a grant Treasury of the United States derived by the mittees on Appropriations of the Senate and the for a period in excess of 3 years: Provided fur- collection of fees available to the agencies fund- House of Representatives for approval in ac- ther, That none of the funds provided under ed by this Act, shall be available for obligation cordance with section 503 of this Act. this heading shall be made available for man- or expenditure through a reprogramming of SEC. 506. Funds made available by this Act for agement and administrative costs: Provided fur- funds that: (1) creates a new program; (2) elimi- intelligence activities are deemed to be specifi- ther, That $2,000,000 under this heading shall be nates a program, project, or activity; (3) in- cally authorized by the Congress for purposes of available for the construction of radiological creases funds for any program, project, or activ- section 504 of the National Security Act of 1947 laboratories at Pacific Northwest National Lab- ity for which funds have been denied or re- (50 U.S.C. 414) during fiscal year 2007 until the oratory: Provided further, That funding will not stricted by the Congress; (4) proposes to use enactment of an Act authorizing intelligence ac- be available until a Memorandum of Under- funds directed for a specific activity by either of tivities for fiscal year 2007. standing between the Department of Homeland the Committees on Appropriations of the Senate SEC. 507. The Federal Law Enforcement Security and the Department of Energy has or House of Representatives for a different pur- Training Center shall lead the Federal law en- been entered into. pose; or (5) contracts out any function or activ- ity for which funds have been appropriated for forcement training accreditation process, to in- DOMESTIC NUCLEAR DETECTION OFFICE Federal full-time equivalent positions; unless clude representatives from the Federal law en- MANAGEMENT AND ADMINISTRATION the Committees on Appropriations of the Senate forcement community and non-Federal accredi- For salaries and expenses of the Domestic Nu- and the House of Representatives are notified 15 tation experts involved in law enforcement clear Detection Office and for management and days in advance of such reprogramming of training, to continue the implementation of administration of programs and activities, funds. measuring and assessing the quality and effec- $30,468,000: Provided, That no funds will be (b) None of the funds provided by this Act, tiveness of Federal law enforcement training made available for the reimbursement of individ- provided by previous appropriations Acts to the programs, facilities, and instructors. uals from other Federal agencies or organiza- agencies in or transferred to the Department of SEC. 508. None of the funds in this Act may be tions in fiscal year 2008: Provided further, That Homeland Security that remain available for ob- used to make a grant allocation, discretionary not to exceed $3,000 shall be for official recep- ligation or expenditure in fiscal year 2007, or grant award, discretionary contract award, or tion and representation expenses. provided from any accounts in the Treasury of to issue a letter of intent totaling in excess of RESEARCH, DEVELOPMENT, AND OPERATIONS the United States derived by the collection of $1,000,000, or to announce publicly the intention For necessary expenses for radiological and fees available to the agencies funded by this to make such an award, unless the Secretary of nuclear research, development, testing, evalua- Act, shall be available for obligation or expendi- Homeland Security notifies the Committees on tion and operations, $234,024,000, to remain ture for programs, projects, or activities through Appropriations of the Senate and the House of available until expended; and of which not to a reprogramming of funds in excess of $5,000,000 Representatives at least 3 full business days in exceed $65,000,000 shall be made available for or 10 percent, whichever is less, that: (1) aug- advance: Provided, That no notification shall

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7639 involve funds that are not available for obliga- other assistance to better align their reservation velop a personalization system that is executed tion. and ticketing systems with terrorist databases to without fair and open competition for both the SEC. 509. Notwithstanding any other provision assist in alleviating travel delays and other implementation and production of the program of law, no agency shall purchase, construct, or problems associated with mistaken identifica- and identification cards. lease any additional facilities, except within or tion. (b) The Transportation Security Administra- contiguous to existing locations, to be used for (b) The report required by subsection (a) shall tion shall certify to the Committees on Appro- the purpose of conducting Federal law enforce- be submitted within 90 days after the certifi- priations of the Senate and the House of Rep- ment training without the advance approval of cation required by such subsection is provided, resentatives not later than December 1, 2006, the Committees on Appropriations of the Senate and periodically thereafter, if necessary, until that the competition required under subsection and the House of Representatives, except that the Government Accountability Office confirms (a) has been achieved. the Federal Law Enforcement Training Center that all 10 conditions have been successfully SEC. 521. None of the funds made available in is authorized to obtain the temporary use of ad- met. this Act may be used by any person other than ditional facilities by lease, contract, or other (c) During the testing phase permitted by sub- the privacy officer appointed under section 222 agreement for training which cannot be accom- section (a), no information gathered from pas- of the Homeland Security Act of 2002 (6 U.S.C. modated in existing Center facilities. sengers, foreign or domestic air carriers, or res- 142) to alter, direct that changes be made to, SEC. 510. The Director of the Federal Law En- ervation systems may be used to screen aviation delay, or prohibit the transmission to Congress forcement Training Center shall schedule basic passengers, or delay or deny boarding to such of any report prepared under paragraph (5) of or advanced law enforcement training (includ- passengers, except in instances where passenger such section. ing both types of training) at all four training names are matched to a Government watch list. SEC. 522. No funding provided by this or pre- facilities under the control of the Federal Law (d) None of the funds provided in this or pre- vious appropriation Acts shall be available to Enforcement Training Center to ensure that vious appropriations Acts may be utilized to de- pay the salary of any employee serving as a these training centers are operated at the high- velop or test algorithms assigning risk to pas- contracting officer’s technical representative est capacity throughout the fiscal year. sengers whose names are not on Government (COTR) or anyone acting in a similar or like ca- SEC. 511. None of the funds appropriated or watch lists. pacity who has not received COTR training. otherwise made available by this Act may be (e) None of the funds provided in this or pre- SEC. 523. Except as provided in section 44945 used for expenses of any construction, repair, vious appropriations Acts may be utilized for of title 49, United States Code, funds appro- alteration, or acquisition project for which a data or a database that is obtained from or re- priated or transferred to Transportation Secu- prospectus, if required by the Public Buildings mains under the control of a non-Federal entity: rity Administration ‘‘Aviation Security’’, ‘‘Ad- Act of 1959 (40 U.S.C. 3301), has not been ap- Provided, That this restriction shall not apply ministration’’ and ‘‘Transportation Security proved, except that necessary funds may be ex- to Passenger Name Record data obtained from Support’’ in fiscal years 2004, 2005, and 2006 pended for each project for required expenses for air carriers. that are recovered or deobligated shall be avail- the development of a proposed prospectus. SEC. 515. None of the funds made available in able only for procurement and installation of SEC. 512. None of the funds in this Act may be this Act may be used to amend the oath of alle- explosive detection systems for air cargo, bag- used in contravention of the applicable provi- giance required by section 337 of the Immigra- gage, and checkpoint screening systems, subject sions of the Buy American Act (41 U.S.C. 10a et tion and Nationality Act (8 U.S.C. 1448). to section 503 of this Act. seq.). SEC. 516. None of the funds appropriated by SEC. 524. (a) Within 60 days of enactment of SEC. 513. Notwithstanding any other provision this Act may be used to process or approve a this Act, the Secretary of the Department of of law, the authority of the Office of Personnel competition under Office of Management and Homeland Security shall revise DHS MD (Man- Management to conduct personnel security and Budget Circular A–76 for services provided as of agement Directive) 11056 to provide for the fol- suitability background investigations, update June 1, 2004, by employees (including employees lowing: investigations, and periodic reinvestigations of serving on a temporary or term basis) of United (1) That when a lawful request is made to applicants for, or appointees in, positions in the States Citizenship and Immigration Services of publicly release a document containing informa- Office of the Secretary and Executive Manage- the Department of Homeland Security who are tion designated as sensitive security information ment, the Office of the Under Secretary for known as of that date as Immigration Informa- (SSI), the document shall be reviewed in a time- Management, Analysis and Operations, Immi- tion Officers, Contact Representatives, or Inves- ly manner to determine whether any informa- gration and Customs Enforcement, Directorate tigative Assistants. tion contained in the document meets the cri- for Preparedness, and the Directorate of Science SEC. 517. (a) None of the funds appropriated teria for continued SSI protection under appli- and Technology of the Department of Homeland to the United States Secret Service by this Act or cable law and regulation and shall further pro- Security is transferred to the Department of by previous appropriations Acts may be made vide that all portions that no longer require SSI Homeland Security: Provided, That on request available for the protection of a person, other designation be released, subject to applicable of the Department of Homeland Security, the than persons granted protection under 3056(a) law, including sections 552 and 552a of title 5, Office of Personnel Management shall cooperate of title 18, United States Code, and the Sec- United States Code. with and assist the Department in any inves- retary of the Department of Homeland Security. (2) That sensitive security information that is tigation or reinvestigation under this section: (b) Notwithstanding (a) of this section, the Di- four years old shall be subject to release upon Provided further, That this section shall cease rector of the United States Secret Service may request unless— to be effective at such time as the President has enter into a fully reimbursable agreement to per- (A) the Secretary or his designee makes a selected a single agency to conduct security form such service for protectees not designated written determination that identifies a rational clearance investigations under section 3001(c) of under 3056(a) of title 18, United States Code. basis why the information must remain SSI; the Intelligence Reform and Terrorism Preven- SEC. 518. The Secretary of Homeland Security, (B) the information is covered by a current tion Act of 2004 (Public Law 108–458; 50 U.S.C. in consultation with industry stakeholders, sensitive security information application guide 435b) and the entity selected under section shall develop standards and protocols for in- approved by the Secretary or his designee in 3001(b) of such Act has reported to Congress creasing the use of explosive detection equip- writing; or that the agency selected under such section ment to screen air cargo when appropriate. (C) such information is otherwise exempt from 3001(c) is capable of conducting all necessary in- SEC. 519. (a) The Secretary of Homeland Secu- disclosure under applicable law: vestigations in a timely manner or has author- rity is directed to research, develop, and procure Provided, That any determination made by the ized the entities within the Department of new technologies to inspect and screen air cargo Secretary under clause (a)(2)(A) shall be pro- Homeland Security covered by this section to carried on passenger aircraft at the earliest date vided to the party making a request to release conduct their own investigations under section possible. such information and to the Committees on Ap- 3001 of such Act. (b) Existing checked baggage explosive detec- propriations of the Senate and House of Rep- SEC. 514. (a) None of the funds provided by tion equipment and screeners shall be utilized to resentatives as part of the annual reporting re- this or previous appropriations Acts may be obli- screen air cargo carried on passenger aircraft to quirement pursuant to section 537 of the Depart- gated for deployment or implementation, on the greatest extent practicable at each airport ment of Homeland Security Appropriations Act, other than a test basis, of the Secure Flight pro- until technologies developed under subsection 2006 (Public Law 109–90; 119 Stat. 2088). gram or any other follow on or successor pas- (a) are available. (3) Common and extensive examples of the in- senger prescreening programs, until the Sec- (c) The Transportation Security Administra- dividual categories of SSI information cited retary of Homeland Security certifies, and the tion shall report air cargo inspection statistics under 49 CFR 1520(b)(1) through (16) in order to Government Accountability Office reports, to within 15 days of the close of each quarter of minimize and standardize judgment by covered the Committees on Appropriations of the Senate the fiscal year to the Committees on Appropria- persons in the application of SSI marking. and the House of Representatives, that all 10 of tions of the Senate and the House of Represent- (b) Not later than 120 days after the date of the conditions contained in paragraphs (1) atives, by airport and air carrier, including any enactment of this Act, the Secretary of Home- through (10) of section 522(a) of the Department reasons for non-compliance with the second pro- land Security shall report to the Committees on of Homeland Security Appropriations Act, 2005 viso of section 513 of the Department of Home- Appropriations of the Senate and the House of (Public Law 108–334; 118 Stat. 1319) have been land Security Appropriations Act, 2005 (Public Representatives on the progress that the Depart- successfully met. Until the Secure Flight pro- Law 108–334; 118 Stat. 1317), within 45 days ment has made in implementing the remaining gram or a follow on or successor passenger after the end of the quarter. requirements of section 537 of the Department of screening program has been deployed or imple- SEC. 520. (a) None of the funds available for Homeland Security Appropriations Act, 2006 mented, the Transportation Security Adminis- obligation for the transportation worker identi- (Public Law 109–90; 119 Stat. 2088), including in- tration shall provide airlines with technical or fication credential program shall be used to de- formation on the current procedures regarding

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7640 CONGRESSIONAL RECORD — SENATE July 17, 2006 access to SSI by civil litigants and the security Transportation Security Administration ‘‘Trans- section (B), or June 1, 2009, whichever is earlier. risks and benefits of any proposed changes to portation Security Support’’ account effective The plan shall seek to expedite the travel of fre- these procedures. October 1, 2006. quent travelers, including those who reside in SEC. 525. RESCISSION. From the unobligated SEC. 535. (a)(1) Within 45 days after the close border communities, and in doing so, shall make balances from prior year appropriations made of each month, the Chief Financial Officer of readily available a registered traveler program available for Transportation Security Adminis- the Department of Homeland Security shall sub- (as described in section 7208(k)). tration ‘‘Aviation Security’’ and ‘‘Headquarters mit to the Committees on Appropriations of the ‘‘(B) The Secretary of Homeland Security and Administration’’, $4,776,000 are rescinded. Senate and the House of Representatives a the Secretary of State shall jointly certify to the SEC. 526. The Department of Homeland Secu- monthly budget execution report that sets forth Committees on Appropriations of the Senate and rity Working Capital Fund, established under the total obligational authority appropriated the House of Representatives that the following section 403 of the Government Management Re- (new budget authority plus unobligated carry- criteria have been met prior to implementation form Act of 1994 (31 U.S.C. 501 note; Public Law over), undistributed obligational authority, of Section 7209(b)(1)(A)— 103–356), shall continue operations during fiscal amount allotted, current year obligations, unob- ‘‘(i) the National Institutes of Standards and year 2007. ligated authority (the difference between total Technology has certified that the card architec- SEC. 527. RESCISSION. Of the unobligated bal- obligational authority and current year obliga- ture meets the International Organization for ances from prior year appropriations made tions), beginning unexpended obligations, year- Standardization ISO 14443 security standards, available for the ‘‘Counterterrorism Fund’’, to-date costs, and year-end unexpended obliga- or justifies a deviation from such standard; $16,000,000 are rescinded. tions, of the Department of Homeland Security. ‘‘(ii) the technology to be used by the United SEC. 528. RESCISSION. From the unobligated (2) The information required under paragraph States for the passport card, and any subse- balances from prior year appropriations made (1) shall be provided for each Departmental quent change to that technology, has been available for Transportation Security Adminis- component and the Working Capital Fund at shared with the governments of Canada and tration ‘‘Aviation Security’’, $61,936,000 are re- the level of detail shown in the table of detailed Mexico; scinded. funding recommendations displayed at the end ‘‘(iii) an agreement has been reached with the SEC. 529. None of the funds made available in of the Statement of Managers accompanying the United States Postal Service on the fee to be this Act may be used to enforce section 4025(1) conference report on this Act. charged individuals for the passport card, and a of Public Law 108–458 if the Assistant Secretary (3) Each report submitted under paragraph (1) detailed justification has been submitted to the (Transportation Security Administration) deter- shall include for each Department of Homeland Committees on Appropriations of the Senate and mines that butane lighters are not a significant Security component the total full-time equiva- the House of Representatives; threat to civil aviation security: Provided, That lent for the prior fiscal year, the on-board total ‘‘(iv) an alternative procedure has been devel- the Assistant Secretary (Transportation Secu- full-time equivalent on September 30 of the prior oped for groups of children traveling across an rity Administration) shall notify the Committees fiscal year, the estimated total full-time equiva- international border under adult supervision on Appropriations of the Senate and the House lent for the current fiscal year, and the on- with parental consent; of Representatives 15 days in advance of such board total full-time equivalent on the last day ‘‘(v) the necessary technological infrastruc- determination including a report on whether the of the month for the applicable report. ture to process the passport cards has been in- effectiveness of screening operations is en- (b) Obligation authority and transfer author- stalled, and all employees at ports of entry have hanced by suspending enforcement of the prohi- ity provided under section 503 and 504 of this been properly trained in the use of the new bition. Act shall not be available unless on the date of technology; SEC. 530. RESCISSIONS. Of the unobligated bal- a notification under section 503 and 504, the ‘‘(vi) the passport card has been made avail- ances from prior year appropriations made Committees on Appropriations of the Senate and able for the purpose of international travel by available for Science and Technology, House of Representatives have received the most United States citizens through land and sea $55,000,000 for ‘‘Management and Administra- recent report required by subsection (a) of this ports of entry between the United States and tion’’ and $184,000,000 from ‘‘Research, Develop- section. Canada, Mexico, the Caribbean and Bermuda; ment, Acquisition, and Operations’’ are re- SEC. 536. None of the funds provided by this or and scinded: Provided, That of the total amount re- previous appropriations Acts or transferred to ‘‘(vii) a single implementation date for sea scinded from ‘‘Management and Administra- the Department of Homeland Security that re- and land borders has been established.’’. tion’’, $30,000,000 shall be from the contingency main available for obligation or expenditure in SEC. 539. Notwithstanding any time limitation fund and $25,000,000 shall be from the Homeland fiscal year 2007, or provided from any accounts established for a grant awarded under title I, Security Institute. in the Treasury of the United States derived by chapter 6, Public Law 106–31, in the item relat- SEC. 531. Notwithstanding any other provision the collection of fees available to the agencies ing to Federal Emergency Management Agen- of law, the Secretary of Homeland Security shall funded by this Act, shall be available for obliga- cy—Disaster Assistance for Unmet Needs, the consider the Hancock County Port and Harbor tion or expenditure for the Office of the Federal City of Cuero, Texas, may use funds received Commission in Mississippi eligible under the Coordinator for Gulf Coast Rebuilding effective under such grant program until September 30, Federal Emergency Management Agency Public October 1, 2006, unless the Committees on Ap- 2007. Assistance Program for all costs incurred for propriations of the Senate and the House of SEC. 540. None of the funds made available in dredging from navigation channel in Little Representatives receive a reprogramming notifi- this Act for United States Customs and Border Lake, Louisiana, sediment deposited as a result cation for fiscal year 2006 pursuant to section Protection may be used to prevent an individual of Hurricane George in 1998: Provided, That the 503 of Public Law 109–90 and a budget request not in the business of importing a prescription appropriate Federal share shall apply to ap- and expenditure plan for fiscal year 2007 for drug (within the meaning of section 801(g) of proval of this project. this office. the Federal Food, Drug, and Cosmetic Act) from SEC. 532. The Department of Homeland Secu- SEC. 537. The Federal Law Enforcement importing a prescription drug from Canada that rity shall, in approving standards for State and Training Center instructor staff shall be classi- complies with the Food, Drug, and Cosmetic local emergency preparedness operational plans fied as inherently governmental for the purpose Act. under section 613(b)(3) of the Robert T. Stafford of the Federal Activities Inventory Reform Act SEC. 541. The Secretary of Homeland Security Disaster and Emergency Assistance Act (42 of 1998 (31 U.S.C. 501 note). shall submit a report to the Committees on Ap- U.S.C. 5196b(b)(3)), account for the needs of in- SEC. 538. Section 7209(b)(1) of the Intelligence propriations of the Senate and the House of dividuals with household pets and service ani- Reform and Terrorism Prevention Act of 2004 Representatives, not later than February 8, mals before, during, and following a major dis- (Public Law 108–458; 8 U.S.C. 1185 note) is 2007, that— aster or emergency: Provided, That Federal amended by striking from ‘‘(1) DEVELOPMENT OF (1) identifies activities being carried out by the agencies may provide assistance as described in PLAN.—The Secretary’’ through ‘‘7208(k)).’’ and Department of Homeland Security to improve— section 403(a) of the Robert T. Stafford Disaster inserting the following: (A) the targeting of agricultural inspections; and Emergency Assistance Act (42 U.S.C. ‘‘(1) DEVELOPMENT OF PLAN AND IMPLEMENTA- (B) the ability of United States Customs and 5170b(a)) to carry out the plans described in the TION.— Border Protection to adjust to new agricultural previous proviso. ‘‘(A) The Secretary of Homeland Security, in threats; and SEC. 533. RESCISSION. From the unexpended consultation with the Secretary of State, shall (C) the in-service training for interception of balances of the United States Coast Guard ‘‘Ac- develop and implement a plan as expeditiously prohibited plant and animal products and agri- quisition, Construction, and Improvements’’ ac- as possible to require a passport or other docu- cultural pests under the agriculture quarantine count specifically identified in the Joint Explan- ment, or combination of documents, deemed by inspection monitoring program of the Animal atory Statement (House Report 109–241) accom- the Secretary of Homeland Security to be suffi- and Plant Health Inspection Service; and panying the Department of Homeland Security cient to denote identity and citizenship, for all (2) describes the manner in which the Sec- Act, 2006 (Public Law 109–90) for the develop- travel into the United States by United States retary of Homeland Security will coordinate ment of the Offshore Patrol Cutter, $20,000,000 citizens and by categories of individuals for with the Secretary of Agriculture and State and are rescinded. whom documentation requirements have pre- local governments in carrying out the activities SEC. 534. TRANSFER. All obligated and unobli- viously been waived under section 212(d)(4)(B) described in paragraph (1). gated balances of funds, totaling not less than of the Immigration and Nationality Act (8 SEC. 542. Any limitation, directive, or ear- $98,552,000, for the Transportation Security Lab- U.S.C. 1182(d)(4)(B)). This plan shall be imple- marking contained in either the House of Rep- oratory shall be transferred from the Science mented not later than 3 months after the Sec- resentatives or Senate report accompanying and Technology ‘‘Research, Development, Ac- retary of State and the Secretary of Homeland H.R. 5441 shall also be included in the con- quisition, and Operations’’ account to the Security make the certifications required in sub- ference report or joint statement accompanying

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7641 H.R. 5441 in order to be considered as having Federal Government for purposes other than in- (c) Any person that violates an interim regu- been approved by both Houses of Congress. telligence or law enforcement; lation issued under this section shall be liable SEC. 543. Any reports required in this Act and (B) a department or agency of the Federal for a civil penalty under section 70117 of title 46, accompanying reports to be submitted to the Government or a non-Federal entity acting on United States Code. Committees on Appropriations and the Depart- behalf of the Federal Government is conducting SEC. 551. Not later than 1 year after the date ment of Homeland Security’s annual justifica- the query or search or other analysis to find a of enactment of this Act, the Secretary of Home- tions of the President’s budget request shall be predictive pattern indicating terrorist or crimi- land Security shall establish and conduct a pilot posted on the Department of Homeland Secu- nal activity; and program at the Northern Border Air Wing bases rity’s public website not later than 48 hours (C) the search does not use a specific individ- of the Office of CBP Air and Marine, United after such submission unless information in the ual’s personal identifiers to acquire information States Customs and Border Protection, working report compromises national security. concerning that individual. expeditiously with the Administrator of the Fed- SEC. 544. Notwithstanding any other provision (2) DATABASE.—The term ‘‘database’’ does not eral Aviation Administration to test unmanned of this Act, $1,000,000 shall be made available include telephone directories, news reporting, aerial vehicles for border surveillance along the from appropriations for training, exercises, tech- information publicly available via the Internet international marine and land border between nical assistance, and other programs under or available by any other means to any member Canada and the United States. paragraph (4) under the subheading ‘‘STATE of the public without payment of a fee, or data- SEC. 552. Not later than February 8, 2007, the AND LOCAL PROGRAMS’’ under the heading ‘‘OF- bases of judicial and administrative opinions. Assistant Secretary for Immigration and Cus- FICE FOR DOMESTIC PREPAREDNESS’’ under title (b) REPORTS ON DATA-MINING ACTIVITIES BY toms Enforcement of the Department of Home- III, for the Chief Financial Officer of the De- THE DEPARTMENT OF HOMELAND SECURITY.— land Security shall submit a report to Congress partment of Homeland Security to ensure com- (1) REQUIREMENT FOR REPORT.—The head of on the costs and need for establishing a sub-of- pliance with the Improper Payments Informa- each department or agency in the Department of fice in Greeley, Colorado. tion Act of 2002 (31 U.S.C. 3321 note). Homeland Security that is engaged in any activ- SEC. 553. Not later than 90 days after the date SEC. 545. None of the amounts available or ity to use or develop data-mining technology of the enactment of this Act, the Secretary of otherwise available to the Coast Guard under shall each submit a report to Congress on all Homeland Security shall submit to the Commit- title II of this Act under the heading ‘‘UNITED such activities of the agency under the jurisdic- tees on Appropriations of the Senate and the STATES COAST GUARD’’ under the heading ‘‘OP- tion of that official. The report shall be made House of Representatives a report on the feasi- ERATING EXPENSES’’ may be obligated or ex- available to the public. bility and advisability of locating existing Lou- pended for the continuation of operations at (2) CONTENT OF REPORT.—Each report sub- isiana facilities and assets of the Coast Guard in Long Range Aids to Navigation (LORAN) sta- mitted under paragraph (1) shall include, for the Federal City Project of New Orleans, Lou- tions nationwide, except in Alaska, the far each activity to use or develop data-mining isiana, as described in the report of the Defense northwest, and the far northeast continental technology that is required to be covered by the Base Closure and Realignment Commission sub- United States of America. report, the following information: mitted to the President in 2005 during the 2005 (A) A thorough description of the data-mining SEC. 546. No amount appropriated by this or round of defense base closure and realignment technology and the data that is being or will be any other Act may be used to enforce or comply under the Defense Base Closure and Realign- used. with any statutory limitation on the number of (B) A thorough description of the goals and ment Act of 1990 (part A of title XXIX of Public employees in the Transportation Security Ad- plans for the use or development of such tech- Law 101–510; 10 U.S.C. 2687 note). ministration, before or after its transfer to the SEC. 554. Notwithstanding any other provision nology and, where appropriate, the target dates Department of Homeland Security from the De- of this Act, funding made available under title for the deployment of the data-mining tech- partment of Transportation, and no amount ap- VII, under the heading UNITED STATES COAST nology. propriated by this or any other Act may be used (C) An assessment of the efficacy or likely ef- GUARD ACQUISITION, CONSTRUCTION, AND IM- to enforce or comply with any administrative ficacy of the data-mining technology in pro- PROVEMENTS may be used to acquire law en- rule or regulation imposing a limitation on the viding accurate information consistent with and forcement patrol boats. recruiting or hiring of personnel into the Trans- valuable to the stated goals and plans for the SEC. 555. SCREENING OF MUNICIPAL SOLID portation Security Administration to a maximum use or development of the technology. WASTE. (a) DEFINITIONS.—In this section: number of permanent positions, except to the ex- (D) An assessment of the impact or likely im- (1) BUREAU.—The term ‘‘ Bureau’’ means the tent that enforcement or compliance with that pact of the implementation of the data-mining Bureau of Customs and Border Protection. (2) COMMERCIAL MOTOR VEHICLE.—The term limitation does not prevent the Secretary of technology on the privacy and civil liberties of ‘‘commercial motor vehicle’’ has the meaning Homeland Security from recruiting and hiring individuals. such personnel into the Administration as may (E) A list and analysis of the laws and regula- given the term in section 31101 of title 49, United be necessary— tions that govern the information being or to be States Code. (1) to provide appropriate levels of aviation collected, reviewed, gathered, analyzed, or used (3) COMMISSIONER.—The term ‘‘Commissioner’’ security; and with the data-mining technology. means the Commissioner of the Bureau. (2) to accomplish that goal in such a manner (F) A thorough discussion of the policies, pro- (4) MUNICIPAL SOLID WASTE.—The term ‘‘mu- that the average aviation security-related delay cedures, and guidelines that are in place or that nicipal solid waste’’ includes sludge (as defined experienced by airline passengers is reduced to a are to be developed and applied in the use of in section 1004 of the Solid Waste Disposal Act level of 10 minutes. such technology for data-mining in order to— (42 U.S.C. 6903)). SEC. 547. Not later than 6 months after the (i) protect the privacy and due process rights (b) REPORTS TO CONGRESS.—Not later than 90 date of enactment of this Act, the Secretary of of individuals; and days after the date of enactment of this Act, the Homeland Security shall submit a report to the (ii) ensure that only accurate information is Commissioner shall submit to Congress a report Committees on Appropriations of the Senate and collected, reviewed, gathered, analyzed, or used. that— the House of Representatives with an assess- (G) Any necessary classified information in an (1) indicates whether the methodologies and ment of short-term (defined as within 2 years annex that shall be available to the Committee technologies used by the Bureau to screen for after the date of enactment of this Act), inter- on Homeland Security and Governmental Af- and detect the presence of chemical, nuclear, bi- mediate-term (defined as between 2 years and 4 fairs, the Committee on the Judiciary, and the ological, and radiological weapons in municipal years after such date of enactment), and long- Committee on Appropriations of the Senate and solid waste are as effective as the methodologies term (defined as more than 4 years after such the Committee on Homeland Security, the Com- and technologies used by the Bureau to screen date of enactment) actions necessary for the De- mittee on the Judiciary, and the Committee on for those materials in other items of commerce partment of Homeland Security to take in order Appropriations of the House of Representatives. entering the United States through commercial to assist Federal, State, and local governments (3) TIME FOR REPORT.—Each report required motor vehicle transport; and achieve communications interoperability, in- under paragraph (1) shall be submitted not later (2) if the report indicates that the methodolo- cluding equipment acquisition, changes in gov- than 90 days after the end of fiscal year 2007. gies and technologies used to screen municipal ernance structure, and training. SEC. 550. (a) Not later than 6 months after the solid waste are less effective than those used to SEC. 548. (a) Section 114 of title 49, United date of enactment of this Act, the Secretary of screen other items of commerce, identifies the ac- States Code, is amended by striking subsection Homeland Security shall hereafter issue interim tions that the Bureau will take to achieve the (o) and redesignating subsections (p) through (t) final regulations that establish homeland secu- same level of effectiveness in the screening of as subsections (o) through (s), respectively. rity requirements, including minimum standards municipal solid waste, including actions nec- (b) The amendment made by subsection (a) and required submission of facility security essary to meet the need for additional screening shall take effect 180 days after the date of en- plans to the Secretary, for chemical facilities technologies. actment of this Act. that the Secretary determines present the great- (c) IMPACT ON COMMERCIAL MOTOR VEHI- SEC. 549. DATA-MINING. (a) DEFINITIONS.—In est security risk and that are not currently reg- CLES.—If the Commissioner fails to fully imple- this section: ulated under Federal law for homeland security ment an action identified under subsection (1) DATA-MINING.—The term ‘‘data-mining’’ purposes. (b)(2) before the earlier of the date that is 180 means a query or search or other analysis of 1 (b) Interim regulations under this section days after the date on which the report under or more electronic databases, whereas— shall apply to a chemical facility until the effec- subsection (b) is required to be submitted or the (A) at least 1 of the databases was obtained tive date of final regulations issued under other date that is 180 days after the date on which the from or remains under the control of a non-Fed- laws by the Secretary, that establish require- report is submitted, the Secretary shall deny eral entity, or the information was acquired ini- ments and standards referred to in subsection entry into the United States of any commercial tially by another department or agency of the (a) that apply with respect to that facility. motor vehicle carrying municipal solid waste

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7642 CONGRESSIONAL RECORD — SENATE July 17, 2006 until the Secretary certifies to Congress that the (F) ensure that the sentencing guidelines ade- (A) The Congress. methodologies and technologies used by the Bu- quately meet the purposes of sentencing set (B) The emergency response agency of each reau to screen for and detect the presence of forth in section 3553(a)(2) of title 18, United State. chemical, nuclear, biological, and radiological States Code. (C) The relevant organizations representing weapons in municipal solid waste are as effec- SEC. 557. Notwithstanding any other provision individuals to participate in the program. tive as the methodologies and technologies used of law, the Secretary of Homeland Security shall SEC. 563. Not later than 90 days after the date by the Bureau to screen for those materials in provide personnel and equipment to improve na- of enactment of this Act, the Director of the other items of commerce entering into the United tional security by inspecting international ship- Federal Emergency Management Agency in con- States through commercial motor vehicle trans- ments of municipal solid waste, and shall levy a junction with the Director of the National Insti- port. fee limited to the approximate cost of such in- tutes of Standards and Technology shall submit SEC. 556. (a) CONSTRUCTION OF BORDER TUN- spections. a report to the Senate Committee on Appropria- NEL OR PASSAGE.—Chapter 27 of title 18, United SEC. 558. (a) Not later than 6 months after the tions outlining Federal earthquake response States Code, is amended by adding at the end date of enactment of this Act, the Secretary of plans for high-risk earthquake regions in the the following: Homeland Security, in coordination with the United States as determined by the United ‘‘§ 554. Border tunnels and passages Secretary of State, the Federal Communications States Geological Survey. Commission, and relevant agencies in the States ‘‘(a) Any person who knowingly constructs or SEC. 564. Not later than 6 months after the of Alaska, Idaho, Montana, Oregon, and Wash- finances the construction of a tunnel or sub- date of enactment of this Act, the Secretary of ington, shall— terranean passage that crosses the international Homeland Security shall establish revised proce- (1) evaluate the technical and operational border between the United States and another dures for expeditiously clearing individuals challenges with respect to interoperable commu- country, other than a lawfully authorized tun- whose names have been mistakenly placed on a nications facing regional, local, State, and Fed- nel or passage known to the Secretary of Home- terrorist database list or who have names iden- eral authorities in preparing for the 2010 Olym- land Security and subject to inspection by the tical or similar to individuals on a terrorist pics; and Bureau of Immigration and Customs Enforce- database list. The Secretary shall advise Con- (2) develop an integrated plan for addressing gress of the procedures established. ment, shall be fined under this title and impris- such technical and operational challenges. oned for not more than 20 years. SEC. 565. Of the amount appropriated or oth- (b) The Secretary of Homeland Security shall erwise made available by title II of this Act ‘‘(b) Any person who knows or recklessly dis- submit and present the plan developed under under the heading ‘‘UNITED STATES COAST regards the construction or use of a tunnel or subsection (a) to the Committee on Commerce, passage described in subsection (a) on land that GUARD’’, ‘‘OPERATING EXPENSES’’, $13,934,000 Science, and Transportation of the Senate and may be available for the purpose of the National the person owns or controls shall be fined under the Committee on Energy and Commerce of the this title and imprisoned for not more than 10 Capital Region Air Defense mission of the Coast House of Representatives. Guard. years. SEC. 559. The Secretary of Homeland Security SEC. 566. (a) The Congress makes the fol- ‘‘(c) Any person who uses a tunnel or passage may not take any action to alter or reduce oper- lowing findings: described in subsection (a) to unlawfully smug- ations within the Civil Engineering Program of (1) Domestic methamphetamine production in gle an alien, goods (in violation of section 545), the Coast Guard nationwide, including the civil both small-and large-scale laboratories is de- controlled substances, weapons of mass destruc- engineering units, facilities, and design and creasing as a result of law enforcement pressure tion (including biological weapons), or a member construction centers, the Coast Guard Academy, and public awareness campaigns. of a terrorist organization (as defined in section and the Research and Development Center until (2) It is now estimated that 80 percent of 2339B(g)(6)) shall be subject to a maximum term the Committees on Appropriations and Com- methamphetamine consumed in the United of imprisonment that is twice the maximum term merce, Science, and Transportation of the Sen- States originates in Mexico and is smuggled into of imprisonment that would have otherwise been ate receive and approve a plan on changes to the United States. applicable had the unlawful activity not made the Civil Engineering Program of the Coast (3) The movement of methamphetamine into use of such a tunnel or passage.’’. Guard. The plan shall include a description of (b) CLERICAL AMENDMENT.—The table of sec- the United States poses new law enforcement the current functions of the Civil Engineering tions for chapter 27 of title 18, United States challenges at the border, in the financial sys- Program and a description of any proposed Code, is amended by adding at the end the fol- tem, and in communities affected by meth- modifications of such functions and of any pro- lowing: amphetamine. posed modification of personnel and offices, in- (4) Customs and Border Protection is working ‘‘Sec. 554. Border tunnels and passages.’’. cluding the rationale for such modification, an to stop the spread of methamphetamine by ex- (c) CRIMINAL FORFEITURE.—Section 982(a)(6) assessment of the costs and benefits of such amining the movement of the drug and its pre- of title 18, United States Code, is amended by in- modification, any proposed alternatives to such cursors at the borders and points of entry. serting ‘‘554,’’ before ‘‘1425,’’. modification, and the processes utilized by the (5) Customs and Border Protection is a vital (d) DIRECTIVE TO THE UNITED STATES SEN- Coast Guard and the Office of Management and source of information for the Drug Enforcement TENCING COMMISSION.— Budget to analyze and assess such modification. Administration and other law enforcement (1) IN GENERAL.—Pursuant to its authority SEC. 560. (a) All amounts made available under section 994 of title 28, United States Code, under this Act for travel and transportation agencies. and in accordance with this subsection, the shall be reduced by $43,000,000. (b) It is the sense of the Senate that Customs United States Sentencing Commission shall pro- (b) All amounts made available under this Act and Border Protection should continue to focus mulgate or amend sentencing guidelines to pro- for printing and reproduction shall be reduced on methamphetamine in its reporting and anal- vide for increased penalties for persons con- by $1,000,000. ysis of trade flows to prevent the spread of victed of offenses described in section 554 of title SEC. 561. None of the funds made available by methamphetamine throughout the United 18, United States Code, as added by subsection this Act may be used to take an action that States. (a). would violate Executive Order 13149 (65 Fed. SEC. 567. Not later than 30 days after the date (2) REQUIREMENTS.—In carrying out this sub- Reg. 24607; relating to greening the government of enactment of this Act, the Secretary of Home- section, the United States Sentencing Commis- through Federal fleet and transportation effi- land Security shall submit to the Committee on sion shall— ciency). Appropriations a report addressing the compli- (A) ensure that the sentencing guidelines, pol- SEC. 562. (a) The Transportation Security Ad- ance by the Department of Homeland Security icy statements, and official commentary reflect ministration shall require each air carrier and with the recommendations set forth in the July the serious nature of the offenses described in foreign air carrier that provides air transpor- 6, 2006, Inspector General of Homeland Security section 554 of title 18, United States Code, and tation or intrastate air transportation to submit report entitled ‘‘Progress in Developing the Na- the need for aggressive and appropriate law en- plans to the Transportation Security Adminis- tional Asset Database’’. The report shall include forcement action to prevent such offenses; tration on how such air carrier will participate the status of the prioritization of assets by the (B) provide adequate base offense levels for in the voluntary provision of emergency services Department of Homeland Security into high- offenses under such section; program established by section 44944(a) of title value, medium-value, and low-value asset tiers, (C) account for any aggravating or mitigating 49, United States Code. and how such tiers will be used by the Secretary circumstances that might justify exceptions, in- (b)(1) Not more than 90 days after the date of of Homeland Security in the issuance of grant cluding— the enactment of this Act, the Transportation funds. (i) the use of a tunnel or passage described in Security Administration shall prepare a report SEC. 568. (a) Not later than 60 days after the subsection (a) of such section to facilitate other that contains the following: initiation of any contract relating to the Secure felonies; and (A) Procedures that qualified individuals need Border Initiative that is valued at more than (ii) the circumstances for which the sen- to follow in order to participate in the program $20,000,000, and upon the conclusion of the per- tencing guidelines currently provide applicable described in subsection (a). formance of such contract, the Inspector Gen- sentencing enhancements; (B) Relevant contacts for individuals inter- eral of the Department of Homeland Security (D) ensure reasonable consistency with other ested in participating in the program described shall review each action relating to such con- relevant directives, other sentencing guidelines, in subsection (a). tract to determine whether such action fully and statutes; (2) The Transportation Security Administra- complies with applicable cost requirements, per- (E) make any necessary and conforming tion shall make the report required by para- formance objectives, program milestones, inclu- changes to the sentencing guidelines and policy graph (1) available, by Internet web site or other sion of small, minority-owned, and women- statements; and appropriate method, to the following: owned businesses, and time lines.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7643 (b) If a contract review under subsection (a) Secretary shall achieve a full-scale implementa- successor to such directive, shall establish a for- uncovers information regarding improper con- tion of the pilot integrated screening system, mal relationship, including an agreement re- duct or wrongdoing, the Inspector General which shall— garding information sharing, between the ele- shall, as expeditiously as practicable, submit (1) scan all containers destined for the United ments of such agency or department and the such information to the Secretary of Homeland States that transit through the terminal; National Infrastructure Simulation and Anal- Security, or to another appropriate official of (2) electronically transmit the images and in- ysis Center. the Department of Homeland Security, who formation to the container security initiative (C) PURPOSE.— shall determine if the contractor should be sus- personnel in the host country and/or Customs (i) IN GENERAL.—The purpose of the relation- pended from further participation in the Secure and Border Protection personnel in the United ship under subparagraph (B) shall be to permit Border Initiative. States for evaluation and analysis; each Federal agency and department described (c) Upon the completion of each review under (3) resolve every radiation alarm according to in subparagraph (B) to take full advantage of subsection (a), the Inspector General shall sub- established Department procedures; the capabilities of the National Infrastructure mit a report to the Secretary that contains the (4) utilize the information collected to en- Simulation and Analysis Center consistent with findings of the review, including findings re- hance the Automated Targeting System or other its workload capacity and priorities (particu- garding— relevant programs; and larly vulnerability and consequence analysis) (1) cost overruns; (5) store the information for later retrieval for real-time response to reported and projected (2) significant delays in contract execution; and analysis. emergencies, natural disasters, terrorist attacks, (3) lack of rigorous departmental contract (c) REPORT.—Not later than 120 days after or other catastrophic events. management; achieving full-scale implementation under sub- (ii) RECIPIENT OF CERTAIN SUPPORT.—Mod- (4) insufficient departmental financial over- section (b), the Secretary, in consultation with eling, simulation, and analysis provided under sight; the Secretary of Energy and the Secretary of this subsection shall be provided to relevant (5) contract bundling that limits the ability of State, shall submit a report, to the appropriate Federal agencies and departments, including small businesses to compete; or congressional committees, that includes— Federal agencies and departments with critical (6) other high risk business practices. (1) an evaluation of the lessons derived from infrastructure responsibilities under Homeland (d)(1) Not later than 30 days after the receipt the pilot program implemented under this sec- Security Presidential Directive 7, or any suc- of each report submitted under subsection (c), tion; cessor to such directive. the Secretary shall submit a report to the con- (2) an analysis of the efficacy of the Auto- SEC. 573. Notwithstanding any other provi- gressional committees listed in paragraph (3) mated Targeted System or other relevant pro- sions of law, the Secretary of Homeland Secu- that describes— grams in utilizing the images captured to exam- rity shall consult with National Council on Ra- (A) the findings of the report received from ine high-risk containers; diation Protection and Measurements (in this the Inspector General; and (3) an evaluation of software that is capable section referred to as the ‘‘NCRP’’) and other (B) the steps the Secretary has taken, or plans of automatically identifying potential anomalies qualified organizations and government organi- to take, to address the problems identified in the in scanned containers; and zations in preparing guidance and recommenda- report. (4) a plan and schedule to expand the inte- tions for emergency responders, to assist recov- (2) Not later than 60 days after the initiation grated scanning system developed under this ery operations, and to protect the general public of each contract action with a company whose section to other container security initiative with respect to radiological terrorism, threats, headquarters is outside of the United States, the ports. and events. Secretary shall submit a report regarding the Se- (d) IMPLEMENTATION.—As soon as practicable SEC. 574. The Comptroller General shall pro- cure Border Initiative to the congressional com- and possible after the date of enactment of this vide a report to the Senate and House Commit- mittees listed in paragraph (3). Act, an integrated scanning system shall be im- tees on Appropriations no later than thirty days (3) The congressional committees listed in this plemented to scan all containers entering the after enactment describing the impact on public paragraph are— United States prior to arrival in the United safety and on the effectiveness of screening op- (A) the Committee on Appropriations of the States. erations resulting from the modification of the Senate; SEC. 572. EXPANSION OF THE NATIONAL INFRA- list of items prohibited from being carried (B) the Committee on Appropriations of the STRUCTURE SIMULATION AND ANALYSIS CENTER. aboard a passenger aircraft operated by an air House of Representatives; (a) DEFINITIONS.—In this section: carrier or foreign air carrier in air transpor- (C) the Committee on the Judiciary of the Sen- (1) CRITICAL INFRASTRUCTURE.—The term tation or intrastate air transportation set forth ate; ‘‘critical infrastructure’’ has the meaning given in section 1540 of title 49, Code of Federal Regu- (D) the Committee on the Judiciary of the the term in section 1016(e) of the USA PATRIOT lations, as of December 1, 2005, to be carried House of Representatives; Act (42 U.S.C. 5195c(e)). aboard a passenger aircraft. (E) the Committee on Homeland Security and (2) EMERGENCY AND MAJOR DISASTER.—The TITLE VI Governmental Affairs of the Senate; and terms ‘‘emergency’’ and ‘‘major disaster’’ have BORDER SECURITY INFRASTRUCTURE (F) the Committee on Homeland Security of the meanings given the terms in section 102 of ENHANCEMENTS the House of Representatives. the Robert T. Stafford Disaster Relief and Emer- SEC. 601. (a) Notwithstanding any other provi- SEC. 569. Of the amount appropriated by title gency Assistance Act (42 U.S.C. 5122). sion of law, the Secretary of Homeland Security VI for Customs and Border Protection for Air (3) NATIONAL INFRASTRUCTURE SIMULATION shall adjust fees charged by the Department and Marine Interdiction, Operations, Mainte- AND ANALYSIS CENTER.—The term ‘‘National In- against any non-United States citizen by notice nance, and Procurement, such funds as are nec- frastructure Simulation and Analysis Center’’ in the Federal Register no later than January 1, essary may be available for the establishment of means the National Infrastructure Simulation 2007, to achieve not less than $350,000,000 in ad- the final Northern border air wing site in Michi- and Analysis Center established under section ditional receipts by September 30, 2007: Pro- gan. 1016(d) of the USA PATRIOT Act (42 U.S.C. vided, That the Secretary may adjust only those SEC. 570. None of the funds appropriated by 5195c(d)). fees authorized under the Immigration and Na- this Act shall be used for the seizure of a firearm (4) PROTECT.—The term ‘‘protect’’ means to tionality Act and the Illegal Immigration Re- based on the existence of a declaration or state reduce the vulnerability of critical infrastruc- form and Immigrant Responsibility Act: Pro- of emergency. ture in order to deter, mitigate, or neutralize an vided further, That this adjustment shall be in SEC. 571. PILOT INTEGRATED SCANNING SYS- emergency, natural disaster, terrorist attack, or addition to fees authorized under 8 United TEM. (a) DESIGNATIONS.— other catastrophic event. States Code 1356. (1) IN GENERAL.—Not later than 90 days after (b) AUTHORITY.— (b) Amounts collected under subsection (a) the date of the enactment of this Act, the Sec- (1) IN GENERAL.—The National Infrastructure shall be deposited in the accounts as provided retary of Homeland Security (referred to in this Simulation and Analysis Center shall serve as a by 8 United States Code 1356: Provided, That of section as the ‘‘Secretary’’) shall designate 3 source of national competence to address critical the total amount collected pursuant to sub- foreign seaports through which containers pass infrastructure protection and continuity section (a) the Secretary shall transfer the fol- or are transshipped to the United States to pilot through support for activities related to— lowing amounts: an integrated scanning system that couples non- (A) counterterrorism, threat assessment, and (1) $25,000,000 to Customs and Border Protec- intrusive imaging equipment and radiation de- risk mitigation; and tion ‘‘Salaries and Expenses’’ for vehicle re- tection equipment, which may be provided by (B) an emergency, natural disaster, terrorist placement; the Megaports Initiative of the Department of attack, or other catastrophic event. (2) $105,000,000 to Customs and Border Protec- Energy. In making designations under this sub- (2) INFRASTRUCTURE MODELING.— tion ‘‘Air and Marine Interdiction, Operations, section, the Secretary shall consider 3 distinct (A) PARTICULAR SUPPORT.—The support pro- Maintenance, and Procurement’’ for air asset ports with unique features and differing levels vided under paragraph (1) shall include mod- replacement and air operations facilities up- of trade volume. eling, simulation, and analysis of the systems grades; (2) COLLABORATION AND COOPERATION.—The comprising critical infrastructure, in order to (3) $90,000,000 to Customs and Border Protec- Secretary shall collaborate with the Secretary of enhance critical infrastructure preparedness, tion ‘‘Construction’’; Energy and cooperate with the private sector protection, response, and recovery activities. (4) $30,000,000 to Immigration and Customs and host foreign government to implement the (B) RELATIONSHIP WITH OTHER AGENCIES.— Enforcement ‘‘Salaries and Expenses’’ for vehi- pilot program under this subsection. Each Federal agency and department with crit- cle replacement; and, (b) IMPLEMENTATION.—Not later than 1 year ical infrastructure responsibilities under Home- (5) $15,000,000 to Immigration and Customs after the date of the enactment of this Act, the land Security Presidential Directive 7, or any Enforcement ‘‘Automation Modernization’’.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7644 CONGRESSIONAL RECORD — SENATE July 17, 2006 (c) Of the total amount collected pursuant to (7) by inserting before section 521, as so redes- ‘‘(3) develop a Federal response capability subsection (a) $85,000,000 shall be made avail- ignated by this section, the following: that, when necessary and appropriate, can act able to United States Citizenship and Immigra- ‘‘SEC. 501. DEFINITIONS. effectively, rapidly, and proactively to deliver tion Services: Provided, That of the additional ‘‘In this title— assistance essential to saving lives or protecting amount available, $47,000,000 shall be for Busi- ‘‘(1) the term ‘all-hazards-plus’ means an ap- or preserving property or public health and ness Transformation and $38,000,000 shall be for proach to preparedness, response, recovery, and safety in a natural or man-made disaster; Fraud Detection and National Security initia- mitigation that emphasizes the development of ‘‘(4) fuse the Department’s emergency re- tives. capabilities that are common to natural and sponse, preparedness, recovery, mitigation, and (d) Amounts deposited under paragraph (b) man-made disasters, while also including the de- critical infrastructure assets into a new, inte- shall remain available until expended for the velopment of capabilities that are uniquely rel- grated organization that can effectively con- activities and services described in paragraphs evant to specific types of disasters; front the challenges of a natural or man-made (b) and (c). ‘‘(2) the term ‘Authority’ means the United disaster; TITLE VII States Emergency Management Authority estab- ‘‘(5) develop and maintain robust Regional SUPPLEMENTAL APPROPRIATIONS FOR lished under section 502; Offices that will work with State and local gov- PORT SECURITY ENHANCEMENTS ‘‘(3) the term ‘Administrator’ means the Ad- ernments and emergency response providers to ministrator of the Authority; identify and address regional priorities; The following sums are appropriated, out of ‘‘(4) the term ‘Federal coordinating officer’ ‘‘(6) under the leadership of the Secretary, co- any money in the Treasury not otherwise appro- means a Federal coordinating officer as de- ordinate with the Commandant of the Coast priated, to enhance port security for the fiscal scribed in section 302 of the Robert T. Stafford Guard, the Director of Customs and Border Pro- year ending September 30, 2006, and for other Disaster Relief and Emergency Assistance Act tection, the Director of Immigration and Cus- purposes, namely: (42 U.S.C. 5143); toms Enforcement, the National Operations Cen- CUSTOMS AND BORDER PROTECTION ‘‘(5) the term ‘National Advisory Council’ ter, and other agencies and offices in the De- SALARIES AND EXPENSES means the National Advisory Council on Emer- partment to take full advantage of the substan- For an additional amount for ‘‘Salaries and gency Preparedness and Response established tial range of resources in the Department that Expenses’’, $251,000,000, to remain available under section 508; can be brought to bear in preparing for and re- until expended. ‘‘(6) the term ‘National Incident Management sponding to a natural or man-made disaster; UNITED STATES COAST GUARD System’ means the National Incident Manage- ‘‘(7) carry out the provisions of the Robert T. ment System as described in the National Re- OPERATING EXPENSES Stafford Disaster Relief and Emergency Assist- sponse Plan; For an additional amount for ‘‘Operating Ex- ance Act (42 U.S.C. 5121 et seq.); ‘‘(7) the term ‘National Response Plan’ means ‘‘(8) provide funding, training, exercises, tech- penses’’, $23,000,000, to remain available until the National Response Plan prepared under nical assistance, planning, and other assistance, expended: Provided, That funding is available Homeland Security Presidential Directive 5 or to build local, State, regional, and national ca- to accelerate foreign port security assessments, any presidential directive meant to replace or pabilities, including communications capabili- conduct domestic port vulnerability assessments, augment that directive; ties, necessary to respond to a potential natural and perform unscheduled security audits of fa- ‘‘(8) the term ‘Nuclear Incident Response or man-made disaster; cilities regulated by chapter 701 of title 46, Team’ means a resource that includes— ‘‘(9) implement an all-hazards-plus strategy United States Code, commonly known as the ‘‘(A) those entities of the Department of En- for preparedness that places priority on building Maritime Transportation Security Act of 2002. ergy that perform nuclear or radiological emer- those common capabilities necessary to respond ACQUISITION, CONSTRUCTION, AND gency support functions (including accident re- to both terrorist attacks and natural disasters IMPROVEMENTS sponse, search response, advisory, and technical while also building the unique capabilities nec- For an additional amount for ‘‘Acquisition, operations functions), radiation exposure func- essary to respond to specific types of incidents Construction, and Improvements’’ for acquisi- tions at the medical assistance facility known as that pose the greatest risk to our Nation; and tion, construction, renovation, and improvement the Radiation Emergency Assistance Center/ ‘‘(10) promote, plan for, and facilitate the se- of vessels, aircraft, and equipment, $184,000,000 Training Site (REAC/TS), radiological assist- curity and resiliency of critical infrastructure for the Integrated Deepwater Systems program, ance functions, and related functions; and and key resources, including cyber infrastruc- to remain available until expended: Provided, ‘‘(B) those entities of the Environmental Pro- ture, against a natural or man-made disaster, That funding is available to acquire maritime tection Agency that perform such support func- and the post-disaster restoration of such critical patrol aircraft and parent craft patrol boats, to tions (including radiological emergency response infrastructure and key resources. provide armed helicopter capability, and to sus- functions) and related functions; ‘‘(c) ADMINISTRATOR.— tain the medium endurance cutter fleet. ‘‘(9) the term ‘Regional Advisory Council’ ‘‘(1) IN GENERAL.—The Administrator shall be OFFICE FOR DOMESTIC PREPAREDNESS means a Regional Advisory Council on Pre- appointed by the President, by and with the ad- paredness and Response established under sec- STATE AND LOCAL PROGRAMS vice and consent of the Senate. tion 503; ‘‘(2) QUALIFICATIONS.—The Administrator For an additional amount for ‘‘State and ‘‘(10) the term ‘Regional Administrator’ means shall have not less than 5 years of executive Local Programs’’, $190,000,000 to remain avail- a Regional Administrator for Preparedness and leadership and management experience in the able until September 30, 2007: Provided, That the Response appointed under section 507; public or private sector, significant experience entire amount shall be for port security grants ‘‘(11) the term ‘Regional Office’ means a Re- in crisis management or another relevant field, pursuant to the purposes of subsection (a) gional Office established under section 507; and and a demonstrated ability to manage a sub- through (h) of section 70107 of title 46, United ‘‘(12) the term ‘surge capacity’ means the abil- stantial staff and budget. States Code, which shall be awarded based on ity to rapidly and substantially increase the ‘‘(3) REPORTING.—The Administrator shall re- risk notwithstanding subsection (a), for eligible provision of search and rescue capabilities, food, port to the Secretary, without being required to costs as defined in paragraphs (2), (3), and (4) water, medicine, shelter and housing, medical report through any other official of the Depart- of subsection (b). care, evacuation capacity, staffing, including ment. TITLE VIII disaster assistance employees, and other re- ‘‘(4) PRINCIPAL ADVISOR ON EMERGENCY PRE- UNITED STATES EMERGENCY sources necessary to save lives and protect prop- PAREDNESS AND RESPONSE.— MANAGEMENT AUTHORITY erty during a catastrophic incident, or other ‘‘(A) IN GENERAL.—The Administrator is the SEC. 801. SHORT TITLE. natural or man-made disaster. principal emergency preparedness and response This title may be cited as the ‘‘United States ‘‘SEC. 502. UNITED STATES EMERGENCY MANAGE- advisor to the President, the Homeland Security Emergency Management Authority Act of 2006’’. MENT AUTHORITY. Council, and the Secretary. SEC. 802. UNITED STATES EMERGENCY MANAGE- ‘‘(a) IN GENERAL.—There is established in the ‘‘(B) ADVICE AND RECOMMENDATIONS.— MENT AUTHORITY. Department the United States Emergency Man- ‘‘(i) IN GENERAL.—In presenting advice with Title V of the Homeland Security Act of 2002 agement Authority, headed by an Adminis- respect to any matter to the President, the (6 U.S.C. 311 et seq.) is amended— trator. Homeland Security Council, or the Secretary, (1) by striking the title heading and inserting ‘‘(b) MISSION.—The mission of the Authority the Administrator shall, as the Administrator the following: is to— considers appropriate, inform the President, the ‘‘TITLE V—NATIONAL PREPAREDNESS AND ‘‘(1) lead the Nation’s efforts to prepare for, Homeland Security Council, or the Secretary, as RESPONSE’’; respond to, recover from, and mitigate the risks the case may be, of the range of emergency miti- (2) by striking sections 501 through 503; of natural and man-made disasters, including gation, preparedness, response, and recovery op- (3) by striking sections 506 and 507; catastrophic incidents; tions with respect to that matter. (4) by redesignating sections 504, 505, 508, and ‘‘(2) partner with State and local governments ‘‘(ii) ADVICE ON REQUEST.—The Administrator, 509 as sections 521, 522, 523, and 524, respec- and emergency response providers, with other as an emergency preparedness and response ad- tively; Federal agencies, with the private sector, and visor, shall provide advice to the President, the (5) by redesignating section 510 (relating to with nongovernmental organizations to build a Homeland Security Council, or the Secretary on procurement of security countermeasures for the national system of emergency management that a particular matter when the President, the strategic national stockpile) as section 525; can effectively and efficiently utilize the full Homeland Security Council, or the Secretary re- (6) by redesignating section 510 (relating to measure of the Nation’s resources to respond to quests such advice. urban and other high risk area communications a catastrophic incident or other natural or man- ‘‘(iii) RECOMMENDATIONS TO CONGRESS.—After capabilities) as section 526; and made disaster; informing the Secretary, the Administrator may

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7645 make such recommendations to Congress relat- ‘‘(10) administering and implementing the Na- ‘‘SEC. 505. PRESERVING THE UNITED STATES ing to emergency preparedness and response as tional Response Plan, including monitoring, EMERGENCY MANAGEMENT AUTHOR- the Administrator considers appropriate. evaluating, and ensuring the readiness of each ITY. ‘‘(a) DISTINCT ENTITY.—The Authority shall ‘‘(C) RETENTION OF AUTHORITY.—Nothing in emergency support function under the National this paragraph shall be construed as affecting Response Plan; be maintained as a distinct entity within the the authority of the Secretary under this Act. ‘‘(11) coordinating with the National Advisory Department. ‘‘(b) REORGANIZATION.—Section 872 shall not Council; ‘‘SEC. 503. AUTHORITIES AND RESPONSIBILITIES. apply to the Authority, including any function ‘‘(a) IN GENERAL.—The Administrator shall ‘‘(12) ensuring the protection of critical infra- structure by— or organizational unit of the Authority. provide Federal leadership necessary to prepare ‘‘(c) PROHIBITION ON CHANGES TO MISSIONS.— ‘‘(A) carrying out the responsibilities under for and respond to a natural or man-made dis- ‘‘(1) IN GENERAL.—The Secretary may not sub- aster, including— paragraphs (2) through (6) of section 201(d); stantially or significantly reduce the authori- ‘‘(B) helping ensure the protection and resil- ‘‘(1) carrying out the mission to reduce the ties, responsibilities, or functions of the Author- iency of key resources and critical infrastruc- loss of life and property and protect the Nation ity or the capability of the Authority to perform ture, including cyber infrastructure, against a from all hazards by leading and supporting the those responsibilities, except as otherwise spe- natural or man-made disaster; and Nation in a comprehensive, risk-based emer- cifically provided in an Act enacted after the ‘‘(C) planning for, assisting with, and facili- gency preparedness and response program of— date of enactment of the United States Emer- tating, the restoration of key resources and crit- ‘‘(A) mitigation, by taking sustained actions gency Management Authority Act of 2006. ical infrastructure, including cyber infrastruc- to reduce or eliminate long-term risk to people ‘‘(2) CERTAIN TRANSFERS PROHIBITED.—No ture, in the event of a natural or man-made dis- and property from hazards and their effects; asset, function or mission of the Authority may aster; ‘‘(B) preparedness, by planning, training, and be diverted to the principal and continuing use ‘‘(13) establishing in each Regional Office a building the emergency preparedness and re- of any other organization, unit, or entity of the Regional Advisory Council on Preparedness and sponse workforce to prepare effectively for, miti- Department, except for details or assignments Response, to advise the Regional Administrator gate against, respond to, and recover from any that do not reduce the capability of the Author- of that Regional Office on emergency prepared- hazard; ity to perform its missions. ness and response issues specific to the region; ‘‘(C) response, by conducting emergency oper- ‘‘SEC. 506. DIRECTORS. and ‘‘(a) IN GENERAL.—There shall be in the Au- ations to save lives and property through posi- ‘‘(14) otherwise carrying out the mission of the tioning emergency equipment, personnel, and thority a Director for Preparedness and a Direc- Authority as described in section 502(b). tor for Response and Recovery, each of whom supplies, through evacuating potential victims, ‘‘(b) ADDITIONAL RESPONSIBILITIES RELATED through providing food, water, shelter, and shall be appointed by the President, by and TO CATASTROPHIC INCIDENTS.— with the advice and consent of the Senate, and medical care to those in need, and through re- ‘‘(1) IN GENERAL.—The Administrator, in con- shall report to the Administrator. storing critical public services; sultation with the Secretary and other senior ‘‘(D) recovery, by rebuilding communities so ‘‘(b) QUALIFICATIONS.— Department officials, shall develop a national ‘‘(1) IN GENERAL.—A Director shall have— individuals, businesses, and governments can emergency management system that is capable ‘‘(A) not less than 5 years of— function on their own, return to normal life, of responding to catastrophic incidents. ‘‘(i) executive leadership and management ex- and protect against future hazards; and ‘‘(2) IDENTIFICATION OF RESOURCES.— perience in the public or private sector; and ‘‘(E) critical infrastructure protection, by es- ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(ii) significant experience in crisis manage- tablishing an inventory of, and protections for, develop and submit to Congress annually an es- ment or another relevant field; and public and private sector critical infrastructure, timate of the resources of the Authority and ‘‘(B) a demonstrated ability to manage a sub- including cyber and communications assets; other Federal agencies needed for and devoted stantial staff and budget. ‘‘(2) increasing efficiencies, by coordinating specifically to developing local, State, and na- ‘‘(2) CONCURRENT EXPERIENCE.—Service dur- efforts relating to mitigation, preparedness, re- tional capabilities necessary to respond to a cat- ing any period of time may be used in meeting sponse, recovery, and infrastructure protection; astrophic incident. the requirements under both clause (i) and (ii) ‘‘(3) helping to ensure the effectiveness of ‘‘(B) CONTENTS.—Each estimate under sub- of paragraph (1)(A). emergency response providers in responding to a paragraph (A) shall include the resources both ‘‘(c) INITIAL DIRECTORS.—The individual serv- natural or man-made disaster; necessary for and devoted to— ing as the Under Secretary for Preparedness ‘‘(4) providing the Federal Government’s re- ‘‘(i) planning; and the individual serving as the Under Sec- sponse to a natural or man-made disaster, in- ‘‘(ii) training and exercises; retary for the Federal Emergency Management cluding— ‘‘(iii) Regional Office enhancements; Agency on the effective date of the United ‘‘(A) managing such response; ‘‘(iv) staffing, including for surge capacity States Emergency Management Authority Act of ‘‘(B) directing the Domestic Emergency Sup- during a catastrophic event; 2006, may serve as the Director for Preparedness port Team, the National Disaster Medical Sys- ‘‘(v) additional logistics capabilities; and the Director of Response and Recovery, re- tem, and (when operating as an organizational ‘‘(vi) other responsibilities under the Cata- spectively, until a Director for Preparedness or unit of the Department under this title) the Nu- strophic Incident Annex of the Catastrophic In- a Director of Response and Recovery, as the clear Incident Response Team; cident Supplement of the National Response case may be, is appointed under subsection (a). ‘‘(C) overseeing the Metropolitan Medical Re- Plan; and ‘‘SEC. 507. REGIONAL OFFICES. sponse System; and ‘‘(vii) State and local catastrophic prepared- ‘‘(a) IN GENERAL.— ‘‘(D) coordinating other Federal response re- ness. ‘‘(1) REGIONAL OFFICES.—The Administrator sources, including requiring deployment of the ‘‘(c) ALL-HAZARDS-PLUS APPROACH.—In car- shall establish 10 Regional Offices of the Au- Strategic National Stockpile, in the event of a rying out this section, the Administrator shall thority. natural or man-made disaster; implement an all-hazards-plus strategy that ‘‘(2) ADDITIONAL OFFICE.—In addition to the Regional Offices established under paragraph ‘‘(5) working with Federal, State, and local places priority on building those common capa- (1), the Administrator may designate the Office government personnel, agencies, and authorities bilities necessary to prepare for, respond to, re- for National Capital Region Coordination under to build a comprehensive national incident man- cover from, and mitigate the risks of terrorist at- section 882 as a Regional Office. agement system to respond to a natural or man- tacks and natural disasters, while also building ‘‘(b) MANAGEMENT OF REGIONAL OFFICES.— the unique capabilities necessary to prepare for, made disaster; ‘‘(1) REGIONAL ADMINISTRATOR.—Each Re- ‘‘(6) with respect to the Nuclear Incident Re- respond to, recover from, and mitigate the risks gional Office shall be headed by a Regional Ad- sponse Team (regardless of whether it is oper- of specific types of incidents that pose the great- ministrator for Preparedness and Response, who ating as an organizational unit of the Depart- est risk to the Nation. shall be appointed by the Administrator. Each ment under this title)— ‘‘SEC. 504. AUTHORITY COMPONENTS. Regional Administrator for Emergency Pre- ‘‘(A) establishing standards and certifying ‘‘There are transferred to the Authority the paredness and Response shall report directly to when those standards have been met; following: the Administrator. ‘‘(B) conducting joint and other exercises and ‘‘(1) Except as provided in title III of the De- ‘‘(2) QUALIFICATIONS.—Each Regional Office training and evaluating performance; and partment of Homeland Security Appropriations shall be headed by an individual in the Senior ‘‘(C) providing funds to the Department of Act, 2007, regarding the transfer of the National Executive Service qualified to act as a senior Energy and the Environmental Protection Agen- Disaster Medical System, the Federal Emergency Federal coordinating officer to provide strategic cy, as appropriate, for homeland security plan- Management Agency, as constituted on June 1, oversight of incident management when needed. ning, exercises and training, and equipment; 2006, including all of its functions, personnel, ‘‘(c) RESPONSIBILITIES.— ‘‘(7) helping to ensure that emergency re- assets, components, and liabilities, and includ- ‘‘(1) IN GENERAL.—The Regional Adminis- sponse providers acquire interoperable and sus- ing the functions of the Under Secretary for trator shall work in partnership with State and tainable technology; Federal Emergency Management relating there- local governments, emergency managers, emer- ‘‘(8) assisting the President in carrying out to. gency response providers, medical providers, the the functions under the Robert T. Stafford Dis- ‘‘(2) The Directorate of Preparedness, as con- private sector, nongovernmental organizations, aster Relief and Emergency Assistance Act (42 stituted on June 1, 2006, including all of its multijurisdictional councils of governments, and U.S.C. 5121 et seq.); functions, personnel assets, components, and li- regional planning commissions and organiza- ‘‘(9) administering homeland security emer- abilities, and including the functions of the tions in the geographical area served by the Re- gency management, first responder, and other Under Secretary for Preparedness relating to the gional Office to carry out the responsibilities of preparedness grants; Directorate, as constituted on that date. a Regional Administrator under this section.

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‘‘(2) RESPONSIBILITIES.—The responsibilities of ‘‘(3) COORDINATION.—Each Regional Office port of Homeland Security Presidential Directive a Regional Administrator include— strike team shall coordinate the training and ex- 5, or any other Homeland Security Presidential ‘‘(A) ensuring effective, coordinated, and inte- ercises of that strike team with the State and Directive relating to incident management and grated regional preparedness, mitigation, re- local governments and private sector and non- response. sponse, and recovery activities and programs for governmental entities which the strike team ‘‘(2) SPECIFIC RESPONSIBILITIES.—The Na- natural and man-made disasters (including shall support when a natural or man-made dis- tional Incident Management System Integration planning, training, exercises, and professional aster occurs. Center shall— development); ‘‘(4) PREPAREDNESS.—Each Regional Office ‘‘(A) periodically review, and revise, as appro- ‘‘(B) coordinating and integrating regional strike team shall be trained, equipped, and priate, the National Incident Management Sys- preparedness, mitigation, response, and recovery staffed to be well prepared to respond to natural tem and the National Response Plan; activities and programs for natural and man- and man-made disasters, including catastrophic ‘‘(B) review other matters relating to the Na- made disasters (including planning, training, incidents. tional Incident Management System and the exercises, and professional development), which ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— National Response Plan, as the Administrator shall include— There are authorized to be appropriated such may require; ‘‘(i) providing regional and interstate plan- sums as necessary to carry out this subsection. ‘‘(C) develop and implement a national pro- ning assistance; ‘‘SEC. 508. NATIONAL ADVISORY COUNCIL ON gram for National Incident Management System ‘‘(ii) organizing, in consultation with the Ad- EMERGENCY PREPAREDNESS AND and National Response Plan education and ministrator, regional training and exercise pro- RESPONSE. awareness; grams; ‘‘(a) ESTABLISHMENT.—Not later than 60 days ‘‘(D) oversee all aspects of the National Inci- ‘‘(iii) providing support and coordination offi- after the date of enactment of the United States dent Management System, including the devel- cers for State and local government training and Emergency Management Authority Act of 2006, opment of compliance criteria and implementa- exercises; the Secretary shall establish an advisory body tion activities at Federal, State, and local gov- ‘‘(iv) participating in emergency preparedness under section 871(a), to be known as the Na- ernment levels; and planning activities by State, regional, and tional Advisory Council on Emergency Pre- ‘‘(E) provide guidance and assistance to local governments; paredness and Response. States and local governments and emergency re- ‘‘(v) assisting in the development of regional ‘‘(b) RESPONSIBILITIES.—The National Advi- sponse providers, in adopting the National Inci- capabilities needed for a national catastrophic sory Council shall advise the Administrator on dent Management System; and response system; and all aspects of emergency preparedness and re- ‘‘(F) perform such other duties relating to ‘‘(vi) helping to coordinate and develop inter- sponse. such responsibilities as the Administrator may state agreements; ‘‘(c) MEMBERSHIP.— require. ‘‘(C) establishing and overseeing 1 or more ‘‘(1) IN GENERAL.—The members of the Na- ‘‘SEC. 510. NATIONAL OPERATIONS CENTER. tional Advisory Council shall be appointed by strike teams within the region under subsection ‘‘(a) DEFINITION.—In this section, the term the Administrator, and shall, to the extent prac- (e), which shall serve as the focal point of the ‘situational awareness’ means information gath- ticable, represent a geographic (including urban Federal Government’s initial response efforts for ered from a variety of sources that, when com- and rural) and substantive cross section of State a natural or man-made disaster within that re- municated to emergency preparedness and re- and local government officials and emergency gion, and otherwise building Federal response sponse managers and decision makers, can form managers, and emergency response providers, capabilities to respond to a natural or man- the basis for incident management decision- from State and local governments, the private made disaster within that region; making. sector, and nongovernmental organizations, in- ‘‘(D) working with the private sector to assess ‘‘(b) ESTABLISHMENT.—There is established in weaknesses in critical infrastructure protection cluding as appropriate— the Department a National Operations Center. ‘‘(A) members selected from the emergency in the region and to design and implement pro- ‘‘(c) PURPOSE.—The purposes of the National preparedness and response fields, including fire grams to address those weaknesses; Operations Center are to— service, law enforcement, hazardous materials ‘‘(E) coordinating all activities conducted ‘‘(1) coordinate the national response to any response, emergency medical services, and emer- under this section with other Federal depart- natural or man-made disaster, as determined by gency preparedness and response personnel; ments and agencies; and the Secretary; ‘‘(B) health scientists, emergency and inpa- ‘‘(F) performing such other duties relating to ‘‘(2) provide situational awareness and a com- tient medical providers, and public health pro- such responsibilities as the Administrator may mon operating picture for the entire Federal fessionals; require. Government, and for State and local govern- ‘‘(C) experts representing standards setting or- ‘‘(d) AREA OFFICES.—The Administrator shall ments as appropriate, for an event described in ganizations; establish an Area Office for the Pacific and an paragraph (1); ‘‘(D) State and local government officials with Area Office for the Caribbean, as components in ‘‘(3) collect and analyze information to help expertise in terrorism preparedness and emer- the appropriate Regional Offices. deter, detect, and prevent terrorist acts; gency preparedness and response; ‘‘(e) REGIONAL OFFICE STRIKE TEAMS.— ‘‘(4) disseminate terrorism and disaster-related ‘‘(1) ESTABLISHMENT.—In coordination with ‘‘(E) elected State and local government ex- information to Federal, State, and local govern- other relevant Federal agencies, each Regional ecutives; ments; Administrator shall establish multi-agency ‘‘(F) experts in public and private sector in- frastructure protection, cybersecurity, and com- ‘‘(5) ensure that critical terrorism and dis- strike teams that shall consist of— aster-related information reaches government ‘‘(A) a designated Federal coordinating offi- munications; decision-makers; and cer; ‘‘(G) representatives of the disabled and other ‘‘(6) perform such other duties as the Sec- ‘‘(B) personnel trained in incident manage- special needs populations; and retary may require. ment; ‘‘(H) such other individuals as the Adminis- ‘‘(d) RESPONSIBILITIES.—The National Oper- ‘‘(C) public affairs, response and recovery, trator determines to be appropriate. ations Center shall carry out the responsibilities and communications support personnel; ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY of the Homeland Security Operations Center, ‘‘(D) a defense coordinating officer; COMMITTEE ACT.— the National Response Coordination Center, and ‘‘(E) liaisons to other Federal agencies; ‘‘(1) IN GENERAL.—Notwithstanding section the Interagency Incident Management Group, ‘‘(F) such other personnel as the Adminis- 871(a) and subject to paragraph (2), the Federal as constituted on September 1, 2005. trator or Regional Administrator determines ap- Advisory Committee Act (5 U.S.C. App.), includ- propriate; and ing subsections (a), (b), and (d) of section 10 of ‘‘SEC. 511. CHIEF MEDICAL OFFICER. ‘‘(G) individuals from the agencies with pri- such Act, and section 552b(c) of title 5, United ‘‘(a) IN GENERAL.—There is in the Authority a mary responsibility for each of the emergency States Code, shall apply to the Advisory Coun- Chief Medical Officer, who shall be appointed support functions in the National Response cil. by the President, by and with the advice and Plan, including the following: ‘‘(2) TERMINATION.—Section 14(a)(2)(B) of the consent of the Senate. The Chief Medical Offi- ‘‘(i) Transportation. Federal Advisory Committee Act (5 U.S.C. App.) cer shall report directly to the Administrator. ‘‘(ii) Communications. shall not apply to the Advisory Council. ‘‘(b) QUALIFICATIONS.—The individual ap- ‘‘(iii) Public works and engineering. ‘‘SEC. 509. NATIONAL INCIDENT MANAGEMENT pointed as Chief Medical Officer shall possess a ‘‘(iv) Emergency management. SYSTEM INTEGRATION CENTER. demonstrated ability in and knowledge of medi- ‘‘(v) Mass care. ‘‘(a) IN GENERAL.—There is in the Authority a cine and public health. ‘‘(vi) Housing and human services. National Incident Management System Integra- ‘‘(c) RESPONSIBILITIES.—The Chief Medical ‘‘(vii) Public health and medical services. tion Center. Officer shall have the primary responsibility ‘‘(viii) Urban search and rescue. ‘‘(b) RESPONSIBILITIES.— within the Department for medical issues related ‘‘(ix) Public safety and security. ‘‘(1) IN GENERAL.—The Administrator, through to natural and man-made disasters, including— ‘‘(x) External affairs. the National Incident Management System Inte- ‘‘(1) serving as the principal advisor to the ‘‘(2) LOCATION OF MEMBERS.—The members of gration Center, and in consultation with other Secretary and the Administrator on medical and each Regional Office strike team, including rep- Federal departments and agencies and the Na- public health issues; resentatives from agencies other than the De- tional Advisory Council, shall ensure ongoing ‘‘(2) coordinating the biosurveillance and de- partment, shall be based primarily at the Re- management and maintenance of the National tection activities of the Department; gional Office that corresponds to that strike Incident Management System, the National Re- ‘‘(3) ensuring internal and external coordina- team. sponse Plan, any other document or tool in sup- tion of all medical preparedness and response

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Veterans Affairs, and other Federal departments Secretary determines are appropriate; ‘‘(6) Regional collaboration. or agencies, on medical and public health issues; ‘‘(2) provide information that enables deci- ‘‘(7) Triage and pre-hospital treatment. ‘‘(5) serving as the Department’s primary sion-makers and emergency response providers ‘‘(8) Medical supply management and dis- point of contact for State and local government, to better select, procure, use, and maintain tribution. the medical community, and others within and emergency response provider equipment or sys- ‘‘(9) Fatality management. outside the Department, with respect to medical tems; ‘‘(10) Such other activities as the Secretary and public health matters; ‘‘(3) assess and validate the performance of may provide. ‘‘(6) discharging, in coordination with the products within a system and subsystems; and ‘‘SEC. 516. EMERGENCY MANAGEMENT ASSIST- Under Secretary for Science and Technology, ‘‘(4) provide information and feedback to ANCE COMPACT. the responsibilities of the Department related to emergency response providers through the Re- ‘‘(a) IN GENERAL.—The Secretary, acting Project Bioshield; sponder Knowledge Base of the National Memo- through the Administrator, may make grants for ‘‘(7) establishing doctrine and priorities for rial Institute for the Prevention of Terrorism, or the purposes of administering and improving the the National Disaster Medical System, con- other appropriate forum. Emergency Management Assistance Compact sistent with the National Response Plan and the ‘‘(c) ASSESSMENT AND VALIDATION PROCESS.— consented to by the Joint Resolution entitled National Incident Management System, super- The assessment and validation of emergency re- ‘Joint Resolution granting the consent of Con- vising its medical components, and exercising sponse provider equipment and systems shall use gress to the Emergency Management Assistance predeployment operational control, including— multiple evaluation techniques, including— Compact’ (Public Law 104–321; 110 Stat. 3877). ‘‘(A) determining composition of the teams; ‘‘(1) operational assessments of equipment per- ‘‘(b) USES.—A grant under this section shall ‘‘(B) overseeing credentialing of the teams; formance on vehicle platforms; be used to— and ‘‘(2) technical assessments on a comparative ‘‘(1) carry out recommendations identified in ‘‘(C) training personnel of the teams; basis of system component performance across after-action reports for the 2004 and 2005 hurri- ‘‘(8) establishing doctrine and priorities for makes and models under controlled conditions; cane season issued under the Emergency Man- the Metropolitan Medical Response System, con- and agement Assistance Compact; sistent with the National Response Plan and the ‘‘(3) integrative assessments on an individual ‘‘(2) coordinate with the Department and National Incident Management System; basis of system component interoperability and other Federal Government agencies; ‘‘(9) managing the Metropolitan Medical Re- compatibility with other system components. ‘‘(3) coordinate with State and local govern- ment entities and their respective national asso- sponse System, including developing and over- ‘‘(d) PERSONAL PROTECTIVE EQUIPMENT.—To seeing standards, plans, training, and exercises the extent practical, the assessment and valida- ciations; ‘‘(4) assist State and local governments with and coordinating with the Office of Grants and tion of personal protective equipment under this credentialing emergency response providers and Training on the use and distribution of Metro- section shall be conducted by the National Per- the typing of emergency response resources; or politan Medical Response grants; sonal Protective Technology Laboratory of the ‘‘(5) administer the operations of the Emer- ‘‘(10) assessing and monitoring long-term National Institute for Occupational Safety and gency Management Assistance Compact. health issues of emergency managers and emer- Health. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— gency response providers; ‘‘SEC. 514. NATIONAL SEARCH AND RESCUE RE- ‘‘(11) developing and updating, in consulta- There are authorized to be appropriated to the SPONSE SYSTEM. Secretary to carry out this section $4,000,000 for tion with the Secretary of Health and Human ‘‘(a) NATIONAL SEARCH AND RESCUE RESPONSE Services, guidelines for State and local govern- each of fiscal years 2007 through 2010. Amounts SYSTEM.—There is established in the Authority appropriated under this section shall remain ments for medical response plans for chemical, an emergency response system known as the Na- biological, radiological, nuclear, or explosive available for 3 fiscal years after the date on tional Search and Rescue Response System that which such funds are appropriated. weapon attacks; provides a national network of standardized ‘‘(12) developing, in consultation with the Sec- ‘‘SEC. 517. OFFICE FOR THE PREVENTION OF TER- search and rescue resources to assist State and RORISM. retary of Health and Human Services, appro- local governments in responding to any natural ‘‘(a) ESTABLISHMENT.—There is established in priate patient tracking capabilities to execute or man-made disaster. domestic patient movement and evacuations, in- the Department an Office for the Prevention of ‘‘(b) ADMINISTRATION OF THE SYSTEM.— Terrorism, which shall be headed by a Director. cluding a system that has the capacity of elec- ASK FORCE PARTICIPATION ‘‘(1) T .—The Admin- ‘‘(b) DIRECTOR.— tronically maintaining and transmitting the istrator shall select eligible search and rescue health information of hospital patients; ‘‘(1) REPORTING.—The Director of the Office teams that are sponsored by State and local gov- for the Prevention of Terrorism shall report di- ‘‘(13) establishing and providing oversight for ernment entities to participate as task forces in the Department’s occupational health and safe- rectly to the Secretary. the National Search and Rescue Response Sys- ‘‘(2) QUALIFICATIONS.—The Director of the Of- ty program, including workforce health; and tem. The Administrator shall determine the cri- ‘‘(14) performing such other duties relating to fice for the Prevention of Terrorism shall have teria for such participation. an appropriate background with experience in such responsibilities as the Secretary or the Ad- ‘‘(2) AGREEMENTS WITH SPONSORING AGEN- ministrator may require. law enforcement, intelligence, or other anti-ter- CIES.—The Administrator shall enter into an rorist functions. ‘‘(d) LONG-TERM HEALTH ASSESSMENT PRO- agreement with the State or local government ‘‘(c) ASSIGNMENT OF PERSONNEL.— GRAM.—The Chief Medical Officer, in consulta- entity that sponsors each search and rescue ‘‘(1) IN GENERAL.—The Secretary shall assign tion with the Director of the National Institute team selected under paragraph (1) with respect to the Office for the Prevention of Terrorism for Occupational Safety and Health, shall es- the team’s participation as a task force in the permanent staff and other appropriate per- tablish a program to assess, monitor, and study National Search and Rescue Response System. sonnel detailed from other components of the the health and safety of emergency managers ‘‘(3) MANAGEMENT AND TECHNICAL TEAMS.— Department to carry out the responsibilities and emergency response providers, following In- The Administrator shall maintain such manage- under this section. cidents of National Significance declared by the ment and other technical teams as are necessary ‘‘(2) LIAISONS.—The Secretary shall designate Secretary under the National Response Plan. to administer the National Search and Rescue senior employees from each component of the ‘‘SEC. 512. PUBLIC AND COMMUNITY PREPARED- Response System. Department that has significant antiterrorism NESS. ‘‘SEC. 515. METROPOLITAN MEDICAL RESPONSE responsibilities to act a liaison between that ‘‘The Administrator shall promote public and SYSTEM. component and the Office for the Prevention of community preparedness. ‘‘(a) IN GENERAL.—There is in the Authority a Terrorism. ‘‘SEC. 513. SAVER PROGRAM. Metropolitan Medical Response System. Under ‘‘(d) RESPONSIBILITIES.—The Director of the ‘‘(a) IN GENERAL.—In the Department there is the Metropolitan Medical Response System, the Office for the Prevention of Terrorism shall— a System Assessment and Validation for Emer- Assistant Secretary for Grants and Planning, in ‘‘(1) coordinate policy and operations between gency Responders Program to provide impartial coordination with the Chief Medical Officer, the Department and State and local government evaluations of emergency response equipment shall administer grants to develop, maintain, agencies relating to preventing acts of terrorism and systems. and enhance medical preparedness systems that within the United States; ‘‘(b) REQUIREMENTS.—The program estab- are capable of responding effectively to a public ‘‘(2) serve as a liaison between State and local lished under subsection (a) shall— health crisis or mass-casualty event caused by a law enforcement agencies and the Department; ‘‘(1) provide impartial, practitioner relevant, natural or man-made disaster. ‘‘(3) in coordination with the Office of Intel- and operationally oriented assessments and ‘‘(b) USE OF FUNDS.—The Metropolitan Med- ligence, develop better methods for the sharing validations of emergency response provider ical Response System shall make grants to local of intelligence with State and local law enforce- equipment and systems that have not already governments to enhance any of the following ment agencies; been third-party certified to a standard adopted activities: ‘‘(4) work with the Assistant Secretary of the by the Department, including— ‘‘(1) Medical surge capacity. Office of Grants and Training to ensure that

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homeland security grants to State and local ‘‘(c) CREDENTIALING OF DEPARTMENT PER- tion under the guidelines created under this sec- agencies, including the Law Enforcement Ter- SONNEL.—Not later than 1 year after the date of tion; and rorism Prevention Program, Commercial Equip- enactment of this Act, the Secretary and the Ad- ‘‘(2) the term ‘typing’ means to define in detail ment Direct Assistance Program, grants for fu- ministrator shall ensure that all personnel of the minimum capabilities of an asset or resource. sion centers, and other law enforcement pro- the Department (including temporary personnel) ‘‘(b) REQUIREMENTS.— grams are adequately focused on terrorism pre- who are likely to respond to an emergency or ‘‘(1) IN GENERAL.—The Administrator shall vention activities; and major disaster are credentialed. enter into a memorandum of understanding to ‘‘(5) coordinate with the Authority, the De- ‘‘(d) INTEGRATION WITH NATIONAL RESPONSE collaborate with the Emergency Management partment of Justice, the National Institute of PLAN.— Assistance Compact and other organizations to Justice, law enforcement organizations, and ‘‘(1) DISTRIBUTION OF STANDARDS.—Not later establish, in consultation with the Authority, other appropriate entities to develop national than 6 months after the date of enactment of nationwide standards for typing of resources voluntary consensus standards for training and this Act, the Administrator of the Authority and assets commonly or likely to be used in re- personal protective equipment to be used in a shall provide the standards developed under sponding to an emergency or major disaster. tactical environment by law enforcement offi- subsection (b) to all Federal agencies that have ‘‘(2) CONTENTS.—The standards developed cers. responsibilities under the National Response under paragraph (1) shall— ‘‘(A) be applicable to Federal, State and local ‘‘(e) PILOT PROJECT.— Plan. government; and ‘‘(1) IN GENERAL.—The Director of the Office ‘‘(2) CREDENTIALING OF AGENCIES.—Not later ‘‘(B) be compatible with the National Incident for the Prevention of Terrorism, in coordination than 180 days after the date on which the Management System. with the Director for Response, shall establish a standards are provided under paragraph (1), each agency described in paragraph (1) shall— ‘‘(c) TYPING OF DEPARTMENT RESOURCES.— pilot project to determine the efficacy and feasi- Not later than 1 year after the date of enact- bility of establishing law enforcement deploy- ‘‘(A) ensure that all employees or volunteers of that agency who are likely to respond to an ment of this Act, the Secretary shall ensure that ment teams. all resources and assets of the Department that UNCTION.—The law enforcement deploy- emergency or major disaster are credentialed; ‘‘(2) F are likely to be used to respond to an emergency ment teams participating in the pilot program and ‘‘(B) submit to the Secretary the name of each or major disaster are typed. under this subsection shall form the basis of a ‘‘(d) INTEGRATION WITH NATIONAL RESPONSE national network of standardized law enforce- credentialed employee or volunteer of such agency. PLAN.— ment resources to assist State and local govern- ‘‘(1) DISTRIBUTION OF STANDARDS.—Not later ments in responding to a natural or man-made ‘‘(3) LEADERSHIP.—The Administrator shall provide leadership, guidance, and technical as- than 6 months after the date of enactment of disaster. this Act, the Administrator of the Authority ‘‘(f) CONSTRUCTION.—Nothing in this section sistance to an agency described in paragraph (1) to facilitate the credentialing process of that shall provide the standards developed under may be construed to affect the roles or respon- subsection (b) to all Federal agencies that have sibilities of the Department of Justice. agency. ‘‘(e) DOCUMENTATION AND DATABASE SYS- responsibilities under the National Response ‘‘SEC. 518. DEPARTMENT OFFICIALS. TEM.— Plan. YPING OF AGENCIES ASSETS AND RE ‘‘(a) CYBERSECURITY AND TELECOMMUNI- ‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘(2) T , , - CATIONS.—There is in the Department an Assist- the date of enactment of this Act, the Adminis- SOURCES.—Not later than 180 days after the date ant Secretary for Cybersecurity and Tele- trator of the Authority shall establish and main- on which the standards are provided under communications. tain a documentation and database system of paragraph (1), each agency described in para- ‘‘(b) UNITED STATES FIRE ADMINISTRATION.— Federal emergency response providers and all graph (1) shall— ‘‘(A) ensure that all resources and assets (in- The Administrator of the United States Fire Ad- other Federal personnel credentialed to respond cluding teams, equipment, and other assets) of ministration shall have a rank equivalent to an to an emergency or major disaster. that agency that are likely to be used to respond assistant secretary of the Department. ‘‘(2) ACCESSIBILITY.—The documentation and ‘‘SEC. 519. CREDENTIALING. database system established under paragraph to an emergency or major disaster are typed; ‘‘(a) DEFINITIONS.—In this section— (1) shall be accessible to the Federal coordi- and ‘‘(B) submit to the Secretary a list of all typed ‘‘(1) the term ‘credential’ means to provide nating officer and other appropriate officials resources and assets documentation that can authenticate and verify preparing for or responding to an emergency or ‘‘(3) LEADERSHIP.—The Administrator shall the qualifications and identity of managers of major disaster. provide leadership, guidance, and technical as- incidents, emergency response providers, and ‘‘(3) CONSIDERATIONS.—The Administrator sistance to an agency described in paragraph (1) other appropriate personnel including by ensur- shall consider whether the credentialing system to facilitate the typing process of that agency. ing that such personnel possess a minimum com- can be used to regulate access to areas affected ‘‘(e) DOCUMENTATION AND DATABASE SYS- mon level of training, experience, physical and by a major disaster. TEM.— medical fitness, and capability appropriate for ‘‘(f) GUIDANCE TO STATE AND LOCAL GOVERN- ‘‘(1) IN GENERAL.—Not later than 1 year after their position; MENTS.—Not later than 6 months after the date the date of enactment of this Act, the Adminis- ‘‘(2) the term ‘credentialing’ means evaluating of enactment of this Act, the Administrator trator shall establish and maintain a docu- an individual’s qualifications for a specific posi- shall— mentation and database system of Federal re- tion under guidelines created in this section and ‘‘(1) in collaboration with the Emergency sources and assets likely to be used to respond assigning such individual a qualification under Management Assistance Compact provide de- to an emergency or major disaster. the standards developed in this section; and tailed written guidance, assistance, and exper- ‘‘(2) ACCESSIBILITY.—The documentation and ‘‘(3) the term ‘credentialed’ means an indi- tise to State and local governments to facilitate database system established under paragraph vidual has been evaluated for a specific position the credentialing of State and local emergency (1) shall be accessible to the Federal coordi- under the guidelines created under this section. response providers and typing of assets com- nating officer and other appropriate officials ‘‘(b) REQUIREMENTS.— monly or likely to be used in responding to an preparing for or responding to an emergency or ‘‘(1) IN GENERAL.—The Administrator shall emergency or major disaster; and major disaster. enter into a memorandum of understanding to ‘‘(2) in coordination with the Emergency ‘‘(f) GUIDANCE TO STATE AND LOCAL GOVERN- collaborate with the Emergency Management Management Assistance Compact and appro- MENTS.—Not later than 6 months after the date Assistance Compact and other organizations to priate national professional organizations, as- of enactment of this Act, the Administrator of establish, in consultation with the Authority, sist State and local governments with the Authority, in collaboration with the Emer- nationwide standards for credentialing all per- credentialing the personnel and typing the re- gency Management Assistance Compact, shall— sonnel who are likely to respond to an emer- sources of the State or local government under ‘‘(1) provide detailed written guidance, assist- gency or major disaster. the guidance provided under paragraph (1). ance, and expertise to State and local govern- ‘‘(2) CONTENTS.—The standards developed ‘‘(g) REPORT.—Not later than 6 months after ments to facilitate the typing of the resources under paragraph (1) shall— the date of enactment of this Act and annually and assets of State and local governments likely ‘‘(A) include the minimum professional quali- thereafter, the Director of the Authority shall to be used in responding to an emergency or fications, certifications, training, and education submit to the Committee on Homeland Security major disaster; and requirements for specific emergency response and Governmental Affairs of the Senate and the ‘‘(2) assist State and local governments with functional positions that are applicable to Fed- Committee on Homeland Security of the House typing the resources and assets of the State or eral, State and local government; of Representatives a report describing the imple- local governments under the guidance provided ‘‘(B) be compatible with the National Incident mentation of this section, including the number under paragraph (1). Management System; and and level of qualification of Federal personnel ‘‘(g) GRANTS.—The Secretary may make ‘‘(C) be consistent with standards for advance trained and ready to respond to an emergency grants to the party states of the Emergency registration for health professions volunteers or major disaster. Management Assistance Compact to develop and under section 319I of the Public Health Services ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— maintain a database of typed resources and as- Act (42 U.S.C. 247d-7b). There are authorized to be appropriated such sets of State and local governments. ‘‘(3) TIMEFRAME.—The standards developed sums as are necessary to carry out this section. ‘‘(h) REPORT.—Not later than 6 months after under paragraph (1) shall be completed not later ‘‘SEC. 520. TYPING OF RESOURCES AND ASSETS. the date of enactment of this Act and annually than 6 months after the date of enactment of the ‘‘(a) DEFINITIONS.—In this section— thereafter, the Administrator shall submit to the United States Emergency Management Author- ‘‘(1) the term ‘typed’ means an asset or re- Committee on Homeland Security and Govern- ity Act of 2006. source has been evaluated for a specific func- mental Affairs of the Senate and the Committee

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7649 on Homeland Security of the House of Rep- ‘‘Sec. 516. Emergency Management Assist- immigration, drug trafficking, and other border- resentatives a report describing the implementa- ance Compact. related crimes. tion of this section, including the number and ‘‘Sec. 517. Office for the Prevention of Ter- (8) Federal assistance is required to help local type of Federal resources and assets ready to re- rorism. law enforcement operating along the border ad- spond to an emergency or major disaster.’’. ‘‘Sec. 518. Department officials. dress the unique challenges that arise as a re- SEC. 803. CONFORMING AMENDMENTS. (a) EX- ‘‘Sec. 519. Credentialing. sult of their proximity to an international bor- ECUTIVE SCHEDULE.— ‘‘Sec. 520. Typing of resources and assets. der and the lack of overall border security in the (1) ADMINISTRATOR.—Section 5313 of title 5, ‘‘Sec. 521. Nuclear incident response. region. United States Code, is amended by adding at the ‘‘Sec. 522. Conduct of certain public health- SEC. 903. BORDER RELIEF GRANT PROGRAM. end the following: related activities. (a) GRANTS AUTHORIZED.— ‘‘Administrator of the United States Emer- ‘‘Sec. 523. Use of national private sector (1) IN GENERAL.—The Secretary is authorized gency Management Authority.’’. networks in emergency response. to award grants, subject to the availability of (2) DIRECTORS.—Section 5314 of title 5, United ‘‘Sec. 524. Use of commercially available appropriations, to an eligible law enforcement States Code, is amended by adding at the end technology, goods, and services. agency to provide assistance to such agency to the following: ‘‘Sec. 525. Procurement of security counter- address— ‘‘Directors, United States Emergency Manage- measures for strategic national (A) criminal activity that occurs in the juris- ment Authority.’’. stockpile. diction of such agency by virtue of such agen- (3) FEMA OFFICERS.— ‘‘Sec. 526. Urban and other high risk area cy’s proximity to the United States border; and (A) FEDERAL INSURANCE ADMINISTRATOR.— communications capabilities.’’. (B) the impact of any lack of security along Section 5315 of title 5, United States Code, is SEC. 804. AUTHORIZATION OF APPROPRIATIONS. the United States border. URATION.—Grants may be awarded under amended by striking ‘‘Federal Insurance Admin- There are authorized to be appropriated such (2) D this subsection during fiscal years 2007 through istrator, Federal Emergency Management Agen- sums as are necessary to carry out this title and 2011. cy.’’ and inserting ‘‘Federal Insurance Adminis- the amendments made by this title. (3) COMPETITIVE BASIS.—The Secretary shall trator, United States Emergency Management SEC. 805. EFFECTIVE DATE. award grants under this subsection on a com- Agency.’’. This title, and the amendments made by this petitive basis, except that the Secretary shall (B) INSPECTOR GENERAL.—Section 5315 of title title, shall take effect on January 1, 2007. give priority to applications from any eligible 5, United States Code, is amended by striking TITLE IX law enforcement agency serving a community— ‘‘Inspector General, Federal Emergency Man- BORDER LAW ENFORCEMENT RELIEF ACT (A) with a population of less than 50,000; and agement Agency.’’ and inserting ‘‘Inspector SEC. 901. SHORT TITLE. (B) located no more than 100 miles from a General, United States Emergency Management United States border with— Agency.’’. This title may be cited as the ‘‘Border Law Enforcement Relief Act of 2006’’. (i) Canada; or (C) CHIEF INFORMATION OFFICER.—Section (ii) Mexico. SEC. 902. FINDINGS. 5315 of title 5, United States Code, is amended (b) USE OF FUNDS.—Grants awarded pursuant Congress finds the following: by striking ‘‘Chief Information Officer, Federal to subsection (a) may only be used to provide (1) It is the obligation of the Federal Govern- Emergency Management Agency.’’ and inserting additional resources for an eligible law enforce- ment of the United States to adequately secure ‘‘Chief Information Officer, United States Emer- ment agency to address criminal activity occur- the Nation’s borders and prevent the flow of un- gency Management Agency.’’. ring along any such border, including— documented persons and illegal drugs into the (b) OFFICERS OF THE DEPARTMENT.—Section (1) to obtain equipment; United States. 103(a) of the Homeland Security Act of 2002 (6 (2) to hire additional personnel; (2) Despite the fact that the United States U.S.C. 113(a)) is amended— (3) to upgrade and maintain law enforcement Border Patrol apprehends over 1,000,000 people (1) by striking paragraph (5) and inserting the technology; each year trying to illegally enter the United following: (4) to cover operational costs, including over- States, according to the Congressional Research ‘‘(5) An Administrator of the United States time and transportation costs; and Service, the net growth in the number of unau- Emergency Management Authority.’’; (5) such other resources as are available to as- thorized aliens has increased by approximately (2) by striking paragraph (2); and sist that agency. 500,000 each year. The Southwest border ac- (3) by redesignating paragraphs (3) through (c) APPLICATION.— counts for approximately 94 percent of all mi- (1) IN GENERAL.—Each eligible law enforce- (10) (as amended by this subsection) as para- grant apprehensions each year. Currently, there ment agency seeking a grant under this section graphs (2) through (9), respectively. are an estimated 11,000,000 unauthorized aliens shall submit an application to the Secretary at (c) REFERENCES.—Any reference to the Fed- such time, in such manner, and accompanied by eral Emergency Management Agency, or the Di- in the United States. (3) The border region is also a major corridor such information as the Secretary may reason- rector thereof, in any law, rule, regulation, cer- for the shipment of drugs. According to the El ably require. tificate, directive, instruction, or other official Paso Intelligence Center, 65 percent of the nar- (2) CONTENTS.—Each application submitted paper in force on the effective date of this title cotics that are sold in the markets of the United pursuant to paragraph (1) shall— shall be considered to refer and apply to the States enter the country through the Southwest (A) describe the activities for which assistance United States Emergency Management Author- Border. under this section is sought; and ity and the Administrator thereof, respectively. (4) Border communities continue to incur sig- (B) provide such additional assurances as the (d) TABLE OF CONTENTS.—The table of con- nificant costs due to the lack of adequate border Secretary determines to be essential to ensure tents in section 1(b) of the Homeland Security security. A 2001 study by the United States-Mex- compliance with the requirements of this sec- Act of 2002 (6 U.S.C. 101 et seq.) is amended by ico Border Counties Coalition found that law tion. striking the items relating to title V and sections enforcement and criminal justice expenses asso- (d) DEFINITIONS.—For the purposes of this 501 through 509 and inserting the following: ciated with illegal immigration exceed section: ‘‘TITLE V—NATIONAL PREPAREDNESS AND $89,000,000 annually for the Southwest border (1) ELIGIBLE LAW ENFORCEMENT AGENCY.—The RESPONSE counties. term ‘‘eligible law enforcement agency’’ means a ‘‘Sec. 501. Definitions. (5) In August 2005, the States of New Mexico tribal, State, or local law enforcement agency— (A) located in a county no more than 100 miles ‘‘Sec. 502. United States Emergency Man- and Arizona declared states of emergency in from a United States border with— agement Authority. order to provide local law enforcement imme- (i) Canada; or ‘‘Sec. 503. Authorities and responsibilities. diate assistance in addressing criminal activity (ii) Mexico; or ‘‘Sec. 504. Authority components. along the Southwest border. (B) located in a county more than 100 miles ‘‘Sec. 505. Preserving the United States (6) While the Federal Government provides from any such border, but where such county Emergency Management Author- States and localities assistance in covering costs has been certified by the Secretary as a High ity. related to the detention of certain criminal Impact Area. ‘‘Sec. 506. Directors. aliens and the prosecution of Federal drug (2) HIGH IMPACT AREA.—The term ‘‘High Im- ‘‘Sec. 507. Regional Offices. cases, local law enforcement along the border pact Area’’ means any county designated by the ‘‘Sec. 508. National Advisory Council on are provided no assistance in covering such ex- Secretary as such, taking into consideration— Emergency Preparedness and Re- penses and must use their limited resources to (A) whether local law enforcement agencies in sponse. combat drug trafficking, human smuggling, that county have the resources to protect the ‘‘Sec. 509. National Incident Management kidnappings, the destruction of private prop- lives, property, safety, or welfare of the resi- System Integration Center. erty, and other border-related crimes. dents of that county; ‘‘Sec. 510. National Operations Center. (7) The United States shares 5,525 miles of bor- (B) the relationship between any lack of secu- ‘‘Sec. 511. Chief Medical Officer. der with Canada and 1,989 miles with Mexico. rity along the United States border and the rise, ‘‘Sec. 512. Public and community prepared- Many of the local law enforcement agencies lo- if any, of criminal activity in that county; and ness. cated along the border are small, rural depart- (C) any other unique challenges that local law ‘‘Sec. 513. SAVER Program. ments charged with patrolling large areas of enforcement face due to a lack of security along ‘‘Sec. 514. National Search and Rescue Re- land. Counties along the Southwest United the United States border. sponse System. States-Mexico border are some of the poorest in (3) SECRETARY.—The term ‘‘Secretary’’ means ‘‘Sec. 515. Metropolitan Medical Response the country and lack the financial resources to the Secretary of the Department of Homeland System. cover the additional costs associated with illegal Security.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 6333 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE S7650 CONGRESSIONAL RECORD — SENATE July 17, 2006 (e) AUTHORIZATION OF APPROPRIATIONS.— A resolution (S. Res. 533) commemorating There being no objection, the Senate (1) IN GENERAL.—There are authorized to be the 60th anniversary of the permanent inte- proceeded to consider the bill. appropriated $50,000,000 for each of fiscal years gration of professional football by 4 pio- Mr. FRIST. I ask unanimous consent 2007 through 2011 to carry out the provisions of neering players. the bill be read a third time and this section. There being no objection, the Senate (2) DIVISION OF AUTHORIZED FUNDS.—Of the passed, the motion to reconsider be proceeded to consider the resolution. laid on the table, and any statements amounts authorized under paragraph (1)— Mr. FRIST. I ask unanimous consent (A) 2⁄3 shall be set aside for eligible law en- be printed in the RECORD. forcement agencies located in the 6 States with the resolution be agreed to, the pre- The PRESIDING OFFICER. Without the largest number of undocumented alien ap- amble be agreed to, and the motion to objection, it is so ordered. prehensions; and reconsider be laid upon the table. The bill (H.R. 42) was ordered to a 1 The PRESIDING OFFICER. Without (B) ⁄3 shall be set aside for areas designated third reading, was read the third time, as a High Impact Area under subsection (d). objection, it is so ordered. and passed. (f) SUPPLEMENT NOT SUPPLANT.—Amounts ap- The resolution (S. Res. 533) was propriated for grants under this section shall be agreed to. used to supplement and not supplant other The preamble was agreed to. f State and local public funds obligated for the The resolution, with its preamble, purposes provided under this title. reads as follows: UNANIMOUS CONSENT SEC. 904. ENFORCEMENT OF FEDERAL IMMIGRA- S. RES. 533 AGREEMENT—H.R. 5441 TION LAW. Nothing in this title shall be construed to au- Whereas the integration of sports sup- Mr. FRIST. I ask unanimous consent thorize State or local law enforcement agencies ported other ongoing efforts to permanently that notwithstanding passage of H.R. or their officers to exercise Federal immigration end racial segregation as an accepted prac- 5441, amendments Nos. 4642, 4570, and law enforcement authority. tice in the United States; 4578 be further modified with the This Act may be cited as the ‘‘Department of Whereas, in 1946, 4 African-American foot- changes at the desk. Homeland Security Appropriations Act, 2007’’. ball players, William ‘‘Bill’’ K. Willis and Marion Motley, who played for the Cleveland The PRESIDING OFFICER. Without f Browns, and Kenny Washington and Woody objection, it is so ordered. MEASURE PLACED ON THE Strode, who played for the Los Angeles The amendments, as modified, are as CALENDAR—H.R. 9 Rams, all signed contracts to play profes- follows: sional football; AMENDMENT NO. 4642, AS MODIFIED Mr. FRIST. I understand there is a Whereas, on August 7, 1946, Bill Willis was On page 66, line 5, strike ‘‘$166,456,000’’ and the first of this pioneering foursome to sign bill at the desk due for a second read- insert ‘‘$163,456,000’’. a contract to play professional football for ing. On page 91, line 6, strike ‘‘$2,393,500,000’’ the Cleveland Browns forever ending the race The PRESIDING OFFICER. The and insert ‘‘$2,400,000,000’’. barrier in professional football, 1 full year clerk will read the bill by title for the On page 93, strike lines 7 and 8, and insert before Jackie Robinson broke the race bar- second time. the following: rier in professional baseball; ‘‘(4) $338,000,000 for training, exercises, The legislative clerk read as follows: Whereas, thanks to the significant con- technical assistance, and other programs (in- A bill (H.R. 9) to amend the Voting Rights tributions of Bill Willis and Marion Motley, cluding mass evacuation preparation and ex- Act of 1965. the Cleveland Browns won the National ercises): Provided, That not less than Football League (NFL) Championship in 1950 Mr. FRIST. In order to place the bill $18,000,000 is for technical assistance:’’. which was the first year the Cleveland on the calendar under the provisions of On page 120, increase that amount on line Browns played in the NFL; rule XIV, I object to further pro- 9 by $3,500,000. Whereas, in addition to permanently end- ceeding. ing the race barrier in professional football, AMENDMENT NO. 4570, AS FURTHER MODIFIED The PRESIDING OFFICER. Objec- Bill Willis and Marion Motley were recog- On page 68, line 9, strike ‘‘General.’’ and in- tion being heard, the bill will be placed nized for their outstanding professional foot- sert the following: ‘‘General: Provided fur- on the calendar. ball careers by their election to the Pro ther, That the Department of Homeland Se- Football Hall of Fame; and curity Inspector General shall investigate f Whereas 2006 marks the 60th anniversary of whether, and to what extent, in adjusting ORDER FOR STAR PRINT—H.R. 5672 the permanent integration of professional and settling claims resulting from Hurricane football, and the NFL will commemorate Katrina, insurers making flood insurance Mr. FRIST. I ask unanimous consent this milestone during the 2006 Pro Football coverage available under the Write-Your- that the report to accompany H.R. 5672 Hall of Fame Game: Now, therefore, be it Own program pursuant to section 1345 of the be star printed. Resolved, That the Senate— National Flood Insurance Act of 1968 (42 The PRESIDING OFFICER. Without (1) recognizes the 60th anniversary of the U.S.C. 4081) and subpart C of part 62 of title objection, it is so ordered. permanent integration of professional foot- 44, Code of Federal Regulations, improperly ball; and attributed damages from such hurricane to f (2) respectfully requests the Secretary of flooding covered under the insurance cov- DISCHARGE AND REFERRAL—H.R. the Senate to transmit for appropriate dis- erage provided under the national flood in- 125 play an enrolled copy of this resolution to— surance program rather than to windstorms (A) the Pro Football Hall of Fame in Can- covered under coverage provided by such in- Mr. FRIST. I ask unanimous consent ton, Ohio; and surers or by windstorm insurance pools in the Committee on Environment and (B) William K. Willis, the only surviving which such insurers participated: Provided Public Works be discharged from fur- member of the pioneering foursome who per- further, That the Department of Homeland ther consideration of H.R. 125 and the manently ended the race barrier in profes- Security Inspector General may request the bill be referred to the Committee on sional football. assistance of the Attorney General and the Energy and Natural Resources. f Department of Justice in conducting such in- vestigation and may reimburse the costs of The PRESIDING OFFICER. Without FREEDOM TO DISPLAY THE the Attorney General and the Department of objection, it is so ordered. AMERICAN FLAG ACT OF 2005 Justice in providing such assistance from f Mr. FRIST. I ask unanimous consent such funds: Provided further, That the De- the committee on Banking, Housing partment of Homeland Security Inspector COMMEMORATING THE 60TH ANNI- General shall submit a report to Congress VERSARY OF THE PERMANENT and Urban Affairs be discharged from not later than April 1, 2007, setting forth the INTEGRATION OF PROFESSIONAL further consideration of H.R. 42, and conclusions of such investigation.’’ FOOTBALL the Senate proceed to its immediate On page 120, increase the amount on line 9 consideration. by $3,000,000. Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. Without On page 68, increase the amount on line 6 the Senate now proceed to consider- objection, it is so ordered. The clerk by $3,000,000. ation of S. Res. 533, which was sub- will report the bill by title. AMENDMENT NO. 4578, AS MODIFIED mitted earlier today. The legislative clerk read as follows: On page 90, line 15, strike ‘‘of which The PRESIDING OFFICER. The A bill (H.R. 42) to ensure that the right of $8,000,000’’ and insert ‘‘of which no less than clerk will report the resolution by an individual to display the flag of the $2,741,000 may be used for the Office of Na- title. United States on residential property not be tional Capital Region Coordination, and of The legislative clerk read as follows: abridged. which $6,459,000’’.

VerDate Aug 31 2005 05:25 Dec 27, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S17JY6.REC S17JY6 mmaher on PROD1PC69 with CONG-REC-ONLINE July 17, 2006 CONGRESSIONAL RECORD — SENATE S7651 ORDERS FOR TUESDAY, JULY 18, mous consent that the Senate stand in first votes of the week. Following that 2006 recess from 12:30 to 2:15 to accommo- stem cell debate, we will be considering date the weekly policy luncheons. the Water Resources Development Act. Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. Without We hope to complete consideration of that when the Senate completes its objection, it is so ordered. that bill on Wednesday afternoon. business today, it stand in adjourn- f ment until 9:45 a.m. on Tuesday, July f 18. I further ask that following the PROGRAM prayer and pledge, the morning hour be Mr. FRIST. Mr. President, today we ADJOURNMENT UNTIL 9:45 A.M. deemed expired, the Journal of pro- have been debating the stem cell re- TOMORROW ceedings be approved to date, the time search bills. That debate will continue Mr. FRIST. If there is no further for the two leaders be reserved, and the at 10 o’clock tomorrow morning, again business to come before the Senate, I Senate proceed to a period of morning the time alternating between the two ask unanimous consent that the Sen- business with the time equally divided sides. Senators are reminded that we ate stand in adjournment under the until 10 a.m.; further, I ask unanimous will have votes on these bills tomorrow previous order. consent that at 10 a.m. the Senate pro- afternoon starting at 3:45. Each bill There being no objection, the Senate, ceed to the stem cell bills under the does require 60 votes for passage. These at 8:43 p.m., adjourned until Tuesday, previous order. I further ask unani- votes tomorrow afternoon will be the July 18, 2006, at 9:45 a.m.

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HONORING THE 150TH ANNIVER- Mr. Speaker, it is appropriate at this time FANNIE LOU HAMER, ROSA SARY OF THE CITY OF EUREKA, that we recognize the city of Eureka, one of PARKS, AND CORETTA SCOTT HUMBOLDT COUNTY, CA the finest and most vibrant cities in California, KING VOTING RIGHTS ACT REAU- on the occasion of its 150th anniversary. THORIZATION AND AMENDMENTS HON. MIKE THOMPSON ACT OF 2006 OF CALIFORNIA f SPEECH OF IN THE HOUSE OF REPRESENTATIVES IN HONOR AND RECOGNITION OF Monday, July 17, 2006 HON. ELIOT L. ENGEL CHIEF JACK MURPHY Mr. THOMPSON of California. Mr. Speaker, OF NEW YORK I rise today to recognize the 150th anniversary IN THE HOUSE OF REPRESENTATIVES of the City of Eureka, Humboldt County, CA. HON. DENNIS J. KUCINICH Thursday, July 13, 2006 The search for gold in the nearby Trinity Mountains brought the first settlers to Hum- OF OHIO The House in Committee of the Whole boldt Bay in 1850. By 1856, the burgeoning House on the State of the Union had under IN THE HOUSE OF REPRESENTATIVES consideration the bill (H.R. 9) to amend the settlement—Eureka, I have found it!—was Voting Rights Act of 1965: designated the seat of government for Hum- Monday, July 17, 2006 boldt County by the California Legislature, and Mr. ENGEL. Mr. Chairman, I rise today in Mr. KUCINICH. Mr. Speaker, I rise today in on April 18th of the same year officially be- strong support of H.R. 9, the Fannie Lou came the city of Eureka. honor and recognition of Chief Jack Murphy, Hamer, Rosa Parks, and Coretta Scott King The massive stands of redwoods and abun- whose recent retirement as the chief of police Voting Rights Act reauthorization. Since the dant salmon did not go unnoticed by early en- with the city of Brooklyn reflects 40 years of law’s inception in 1965, this landmark legisla- trepreneurs, and soon Eureka had many lum- excellence in law enforcement, framed by tion has protected the right to vote for millions ber mills and fishing boats. This wealth of nat- leadership, accomplishment, integrity and an of United States citizens. ural resources set the stage for Eureka to unwavering commitment on behalf of the se- There has been great progress made since the Voting Rights Act was signed into law by dominate the regional timber and fishing in- curity and safety of the people of Brooklyn. dustries for the next 150 years. President Johnson on August 6, 1965. But, so Eureka, the heart of the ‘‘Redwood Empire,’’ Chief Murphy’s illustrious career in law en- much more must be done. There are still has been a destination for travelers since it forcement began in 1966, when he became a many places in our country where Americans was first discovered. In 1914, the first railroad police officer with the city of Brooklyn. He hon- experience discrimination when they go to the was constructed that tied the community by orably served our Nation in Vietnam, and soon polls. In order for the United States to truly be land to San Francisco. Roads, and the auto- thereafter resumed his vocation in law en- the greatest nation ever known, we must en- mobile, followed and brought even greater ap- forcement. Chief Murphy and his wife Marie sure that when citizens choose to go to the preciation of the natural splendor of the city continue to hold family and community as the polls, they do not face obstacles created to and its surroundings. Tourism remains an im- foundation of their lives. Together they raised disenfranchise them. Our Nation’s history is replete with exam- portant part of the area’s economy. four children: Ann Marie, Matthew, Mary Beth ples of people’s right to vote being impeded. The preservation of the architectural herit- and Maureen. Both Chief Murphy and Marie age of the community was acknowledged by Furthermore, unconscionable violence and dis- Murphy followed the call of service to others the Eureka Heritage Society’s effort in 1987 criminatory obstacles such as poll taxes, lit- that identified over 1,200 historically significant and instilled the significance of integrity, hard eracy tests and grandfather clauses were and diverse buildings in the city. This unique work and giving back to others within their used to deny African American citizens the heritage, and the celebrated Carson Mansion, children. Marie has devoted her career to the right to vote. The Voting Rights Act provided draw tourists from around the world to enjoy teaching profession. extensive protection to minority communities the diversity of architecture, antique shops, art Beyond his expertise in law enforcement by prohibiting any voting practice that would abridge the right to vote on the basis of race. galleries, and fine restaurants. and exceptional leadership abilities, Chief Mur- In 1975, the Voting Rights Act was expanded Eureka’s waterfront harkens back to its rep- phy is known for his unwavering work ethic, utation as a lively place for timber workers, to protect the voting rights of other minority affable nature and personal and professional sailors, fishermen, and miners. A walk along voters—such as Latinos, Native Americans, today’s waterfront reflects a 30-year renais- integrity. Straightforward, fair and honest, Asian Americans and Alaskan Natives—by re- sance led by the city to celebrate longstanding Chief Murphy garnered the admiration and re- quiring language assistance at the polls. traditions and a dynamic future—the Woodley spect of everyone around him, and was con- From California to Texas to my home State Island Marina, a newly constructed public sistently unfazed by the inevitable ebb and of New York, minority voters have a greater boardwalk and fisherman’s dock, the Sacco flow of small town politics. voice in elections due to the Voting Rights Act. Amphitheater, Adorni Center, Wharfinger Mr. Speaker and colleagues, please join me In fact, my home State of New York is directly affected by two important sections of the Vot- Building, Small Boat Basin and the Eureka in honor, gratitude and recognition of Chief Main Library. ing Rights Act. Voters in the majority of dis- Jack Murphy. His exceptional tenure as police The citizens of Eureka have always set a tricts in New York State are provided with im- high standard for cultural achievement. In officer and chief with the city of Brooklyn is portant language materials to assist them in 1879, Eureka established the first publicly sup- forever framed in integrity, efficiency and ac- the voting process if English is not their native ported library in the State of California; in complishment, and will continue to strengthen language. In addition, voters are also pro- 2000 they gathered to celebrate the conver- the foundation of safety and security for every tected by having any new State voting rules sion of the Carnegie Library to house the Mor- resident and business owner of Brooklyn. I and regulations approved by the Federal Gov- ris Graves Museum of the Arts. Eureka is a vi- wish Chief Murphy, his wife Marie, and their ernment before they can be enacted. Extend- brant cultural center with repertory theater, three daughters and son, an abundance of ing the Voting Rights Act is essential to pro- dance and music, and a celebrated Arts Alive health, peace and happiness as he journeys tecting the voting rights of New Yorkers as that connects people and art and business. onward from here. well as voters throughout the country. Today the city of Eureka carries on the proud The Voting Rights Act is one of the most ef- traditions of its early founders, while incor- fective civil rights laws ever enacted. Reau- porating the best of modern life into its historic thorizing the Act is vital to ensure that the character. progress made, is preserved.

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

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.001 E17JYPT1 ycherry on PROD1PC64 with REMARKS E1418 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2006 FANNIE LOU HAMER, ROSA FANNIE LOU HAMER, ROSA tation and no compromise with our PARKS, AND CORETTA SCOTT PARKS, AND CORETTA SCOTT purpose . . .’’ KING VOTING RIGHTS ACT REAU- KING VOTING RIGHTS ACT REAU- By August 6, 1965, Congress had passed THORIZATION AND AMENDMENTS THORIZATION AND AMENDMENTS the Voting Rights Act by an overwhelming ma- ACT OF 2006 ACT OF 2006 jority and President Johnson had signed it into law. SPEECH OF SPEECH OF The VRA not only abolished literacy and HON. K. MICHAEL CONAWAY HON. AL GREEN other tests which had been used to deny Afri- OF TEXAS can Americans and other minorities the right OF TEXAS to vote, it also prohibited ‘‘covered jurisdic- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tions’’ from implementing new voting practices Thursday, July 13, 2006 without first pre-clearing them with Federal of- Thursday, July 13, 2006 The House in Committee of the Whole ficials. The House in Committee of the Whole House on the State of the Union had under And when the act was expanded and House on the State of the Union had under consideration the bill (H.R. 9) to amend the strengthened in 1975 to include protections for consideration the bill (H.R. 9) to amend the Voting Rights Act of 1965: language minorities who had suffered system- Voting Rights Act of 1965: Mr. AL GREEN of Texas. Mr. Chairman, I atic exclusion from the political process, Mr. CONAWAY. Mr. Chairman, after careful rise in support of equality, non-discrimination, Latinos, Asian-Americans, Native Americans and thoughtful consideration, I could not in and the full participation in our society by all and Alaskan Natives also gained new tools to good conscience vote in support of H.R. 9, the Americans. I rise in support of reauthorizing ensure fundamental fairness in the voting reauthorization of the Voting Rights Act (VRA). the Voting Rights Act of 1965. process. The 1965 VRA successfully protected minority Voting is the most important tool Americans Most of the provisions of the VRA are per- voters from disenfranchisement and strength- have to influence government policies that af- manent, but some will expire next year if they ened our democracy. I support that law and fect every aspect of our lives. It affects: the are not renewed. The expiring sections in- realize its valuable contributions to our society. types of schools our children attend, the qual- clude: Every citizen of this great Nation, regardless ity of our health care, the decision whether to Section 5, which requires covered jurisdic- of race, should have the opportunity to cast send our sons and daughters to fight and die tions to obtain ‘‘preclearance’’ from the Justice their vote without fear of threats or discrimina- in a foreign land. Department or the U.S. District Court in DC tion. The VRA was a good idea and necessary The right to vote is the foundation of our de- before they can change voting practices or in 1965, however, times have changed dras- mocracy. The Voting Rights Act provides the procedures. tically since it was originally enacted more legal basis to protect this right for all Ameri- Section 203, which requires election officials than 40 years ago. cans. to provide written and oral assistance for cer- During the debate, a good friend of mine, On the eve of the 41st anniversary of the tain citizens who have limited English pro- Rep. ROSCOE BARTLETT of Maryland, made Voting Rights Act of 1965, we cannot over- ficiency. the comment: ‘‘When you get sick, you go to state the impact that this landmark piece of Sections 6–9, which authorize the U.S. At- the doctor and you get a prescription. Once legislation has had on the face of this Nation. torney General to appoint examiners and send you get well you stop taking the medicine.’’ Before passage of the Voting Rights Act we Federal observers to monitor elections when The provisions of the Voting Rights Act we had 300 African-American elected officials. We there is evidence to suggest voter intimidation voted on today do not recognize the accom- now have more than 9,100. at the polls. plishments and progress made by covered Before passage of section 203 of the Voting While the days of discrimination in the form States since the original VRA was enacted. Rights Act, we had 1,200 Latino elected offi- of literacy tests and poll taxes may be over, it Today, the majority of electoral discrimina- cials. We now have more than 6,000. is clear that voter inequities, disparities, and tion cases come from outside the jurisdictions We now have hundreds more Asian-Ameri- obstacles still remain for far too many minority that are covered under Section 5. The Voting cans and Native Americans serving as elected voters. Rights Act up for debate today should have officials. In Harris County, TX, citizens of Vietnamese recognized the many changes and improve- The Voting Rights Act was enacted in re- descent are under the protection of the VRA. ments in the American South. Under the bill sponse to our Nation’s long history of discrimi- Because of this, under the language assist- that passed today, Texas remains one of only nation. But the critical moment leading to the ance provisions of the VRA, Harris County is eight States subject to this gross infringement VRA’s passage occurred in March 1965 on a required to: on State’s rights. Today, Texas is one of the bridge outside Selma, AL. Provide election information including ballots most diverse States in the entire Nation with On March 7, 1965, voting rights supporters and registration information in Vietnamese, as thriving minority communities throughout the planned a march from Selma to the State cap- well as English and Spanish. state. itol in Montgomery to present then-Governor Ensure that there are adequate bilingual poll Not only do the reauthorized provisions in George Wallace with a list of grievances. They workers to meet the needs of the language the VRA not take into account the progress were stopped on the Edmund Pettus Bridge in minority communities. that has been made, these provisions will be Selma by State troopers and sheriff’s deputies In 2003, Harris County election officials used as an unfunded mandate on southern on horseback who, in front of television cam- failed to comply with this law. States for the next 25 years. Legislation cre- eras, attacked the more than 500 demonstra- Pressure from the Asian American Legal ated in 1965 to fix a problem of that era, will tors by firing toxic tear gas, charging the Center of Texas, the Asian American Justice still be in effect in 2032; far too long to pay a marchers, and beating people with clubs and Center, and the Justice Department resulted in penalty for things that happened generations whips. an agreement whereby the county agreed to ago. Eight days after ‘‘Bloody Sunday,’’ President ensure compliance with the language provi- Lyndon Johnson addressed a special joint I support the valuable history and impor- sions of the VRA in the future. session of Congress before a national tele- tance of the Voting Rights Act that passed in As a result of these changes, in the Novem- vision audience and said that: 1965, but the discriminatory problems we face ber 2004 election, Hubert Vo became the first today were not addressed or considered in Experience has clearly shown that the Vietnamese candidate ever to win a seat on existing process of law cannot overcome the Texas Legislature. this reauthorization. I support most of the pro- systematic and ingenious discrimination. No visions and the spirit of the VRA; however, law that we now have on the books . . . can Mr. Chairman, everyone’s right to vote is at H.R. 9 does not advance our democracy and ensure the right to vote when local officials risk when anyone’s right to vote is denied. The keeps in place the taints of previous genera- are determined to deny it . . . This time, on Voting Rights Act is good for minorities and tions that are no longer deserved. this issue, there must be no delay, no hesi- great for America.

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.004 E17JYPT1 ycherry on PROD1PC64 with REMARKS July 17, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1419 FANNIE LOU HAMER, ROSA the front porch of the Fascano family home, ON THE RESOLUTION HONORING PARKS, AND CORETTA SCOTT where services were first conducted. Store- WESLEY BROWN, THE FIRST AF- KING VOTING RIGHTS ACT REAU- front space was rented for many years until RICAN AMERICAN GRADUATE OF THORIZATION AND AMENDMENTS ground was broken on West 70th Street in THE U.S. NAVAL ACADEMY ACT OF 2006 1949, the year that the parish and newly built grade school found a permanent home—all of HON. ELEANOR HOLMES NORTON SPEECH OF which was made possible by the faith, commit- OF THE DISTRICT OF COLUMBIA HON. MADELEINE Z. BORDALLO ment and devotion of Father Sante Gattuso IN THE HOUSE OF REPRESENTATIVES and the faithful Italian-American community of OF GUAM Monday, July 17, 2006 the Westside. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker and Colleagues, please join me Ms. NORTON. Mr. Speaker, I rise to honor Thursday, July 13, 2006 in honor and recognition of every leader and the first African American graduate of the U.S. The House in Committee of the Whole member of Our Lady of Mount Carmel Parish, Naval Academy and a venerable District of House on the State of the Union had under as they celebrate 80 years of cultivating faith, Columbia resident, Retired Lieutenant Com- consideration the bill (H.R. 9) to amend the hope and heritage for generations of families mander Wesley Brown. On the Fourth of July, Voting Rights Act of 1965: within our Cleveland community. We also rise I urged District residents to commemorate the Ms. BORDALLO. Mr. Chairman, I rise today in honor and memory of the struggle, sacrifice day by celebrating the service of Wesley in support of H.R. 9, the Voting Rights Act Re- and triumph of the founding members of this Brown as a tribute to his historic achievement authorization and Amendments Act of 2006. parish, who journeyed to America with few and as a way of reminding the nation on this The right to vote is the very foundation of our possessions beyond faith, love and hope in day of liberty that thousands of men like Wes- democracy. Yet millions of minority voters face their hearts and the grit to survive. Love and ley Brown have served their country in the discrimination when exercising this crucial faith still shines from Our Lady of Mount Car- armed forces without equal representation in right. As the most effective civil rights statute mel Parish, encircling this neighborhood with Congress and that the pending District of Co- ever enacted, it is our duty to support the Vot- light, strength and hope rising on the dawn of lumbia Fair and Equal House Voting Rights ing Rights Act. H.R. 9 will better safeguard the every new day. Act affords a way to begin to right this wrong. rights of minorities. Throughout our history, mi- Wesley Brown is an alumnus of Dunbar nority groups have struggled hard to achieve f High School, and upon graduation, entered the right to vote. Key provisions of the Voting the United States Naval Academy. There, he Rights Act will expire if this legislation is not PERSONAL EXPLANATION not only met the tough academic and military passed. We need to ensure that these hard- requirements to graduate from the Naval won gains are not rolled back. HON. CAROLYN B. MALONEY Academy in 1949, but also prevailed over ra- cial discrimination and physical and mental The fight against voter discrimination is far OF NEW YORK from over. H.R. 9 provides more accountability abuse at the Academy. Mr. Brown served hon- IN THE HOUSE OF REPRESENTATIVES in the voting process so that the votes of orably in World War II, the Korean War, and American citizens who are not fluent in Monday, July 17, 2006 the Vietnam War. He retired from the Navy at the rank of lieutenant commander. In recogni- English will be properly counted. In addition, Mrs. MALONEY. Mr. Speaker, on July 10, tion of his achievement, the Academy named this will effectively combat discrimination 2006 I missed rollcall votes Nos. 358 and 359. a building after Mr. Brown last year. His re- against voting minority groups. As a represent- Had I been present, I would have voted markable life story is chronicled in the book ative of a territory where the native language ‘‘yea’’ on rollcall votes Nos. 358 and 359. of Chamorro is widely spoken, among other ‘‘Breaking the Color Barrier: The U.S. Naval Academy’s First Black Midshipmen and the languages, I can personally attest to the im- f portance of accommodating non-native Struggle for Racial Equality’’ by Robert English speakers. CONGRATULATING II–VI Schneller. I am particularly and personally H.R. 9 is a necessary reinforcement to the INCORPORATED grateful to Mr. Brown, who chaired my first cornerstone of our democracy. Minorities have Service Academy Selection Board, which as- a much greater voice today than decades be- HON. MELISSA A. HART sists me in nominating D.C. high school stu- fore thanks to the Voting Rights Act. I urge my dents for appointments to the military acad- colleagues to support this important legisla- OF PENNSYLVANIA emies, and remains Chairperson Emeritus. tion. IN THE HOUSE OF REPRESENTATIVES Wesley Brown has become a historical fig- f Monday, July 17, 2006 ure living among us. His graduation was a piv- otal moment in the nation’s efforts to integrate THE 80TH ANNIVERSARY OF OUR Ms. HART. Mr. Speaker, I would like to take the armed forces of the United States and to LADY OF MOUNT CARMEL PARISH this opportunity to congratulate II–VI Incor- improve racial conditions. His leadership porated, one of the leading high tech compa- paved the way for over 1,600 African Ameri- HON. DENNIS J. KUCINICH nies in southwestern Pennsylvania, as they cans who have since graduated from the celebrate the 35th anniversary of their found- OF OHIO Naval Academy. Today, nearly 23 percent of ing. IN THE HOUSE OF REPRESENTATIVES the Academy’s students are from minority In 1971, II–VI Inc. began by producing ma- groups. Monday, July 17, 2006 terials available for the manufacture of high- Wesley Brown deserves special recognition Mr. KUCINICH. Mr. Speaker, rise today in powered industrial CO2 laser optics. II–VI Inc. for this pioneering accomplishment, and the honor and recognition of the leaders and has grown into a global company with head- service he rendered to the cause of equal members of Our Lady of Mount Carmel Par- quarters in Saxonburg, Pennsylvania. Today, treatment for all Americans by courageously ish, of Cleveland, Ohio, as they celebrate 80 CEO Carl Johnson carries on II–VI’s tradition accepting unusually difficult challenges for a years of faith, guidance and support, embrac- of serving the needs of western Pennsylvania. young Black man before the armed forces ing generations of citizens throughout our More than 30 years after its founding, this themselves were integrated. He did so as gen- Westside Cleveland community. western Pennsylvania-based company is rac- erations of Washingtonians have done for the In 1926, Our Lady of Mount Carmel was es- ing to keep up with record demand for its in- past 230 years in serving the Armed Forces of tablished to serve the spiritual and cultural frared optics, radiation detection products and the United States, always without equal rep- needs of the Italian-American residents of this crystals used in laser and telecommunications resentation in the Congress of the United neighborhood. Father Sante Gattuso and Fa- equipment. The company was recently se- States and always paying taxes without rep- ther Martin Compango were selected by then- lected as one of Businessweek’s Hot Growth resentation, notwithstanding that this form of Cleveland Bishop John Farrelly to assist and Companies. tyranny was one of the major causes of the guide the needs of the growing population of I ask my colleagues in the United States War for Independence which led to the found- Italian-American families, including newly ar- House of Representatives to join me in con- ing of the United States of America. rived immigrants from Italy. gratulating II–VI Incorporated. It is an honor to In the spirit of another great Washingtonian, Father Sante slowly garnered the trust and represent the Fourth Congressional District of Frederick Douglass, who challenged the na- admiration of the people of the West 69th Pennsylvania and a pleasure to salute this tion in a July 4th address to live up to its stat- neighborhood and people began gathering on wonderful company. ed ideals of freedom and equality, I recognize

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.006 E17JYPT1 ycherry on PROD1PC64 with REMARKS E1420 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2006 and honor other District veterans and remind cerned when I hear some of my colleagues Mr. Speaker and colleagues, please join me the nation of the necessity to pass H.R. 5388, throwing barbs at the Azeris and attempting to in honor and gratitude to Dr. Edgar B. Moore, the Fair and Equal House Voting Rights Act lay all the blame for this complicated issue at whose outstanding 44-year career was defined which would afford the full vote in the House their doorstep. by his steadfast commitment to spiritual of Representatives for the first time in Amer- For example, one of my colleagues once growth, education, and appreciation of diversi- ican history. Passage of this legislation would said, ‘‘I have long supported the right of self- fied cultures. While his students and col- be the optimal way to recognize the service of determination for the people of Nagorno- leagues will miss him immensely, his legacy Mr. Brown, D.C. residents who are currently Karabakh and greatly admire the efforts of the and contributions to the Baldwin-Wallace com- serving in Iraq and Afghanistan, and the people of this historically Armenian region to munity will live on for many generations to 44,000 D.C. veterans who have honorably build democracy and a market economy in the come. served our nation in the United States Armed face of hostility from Azerbaijan.’’ So far as I f Forces. know, the Nagorno-Karabakh region has never HONORING THE SOLDIERS OF DE- f been a part of Armenia. To suggest otherwise, and to suggest that the problems in Nagorno- TACHMENT 1, 779TH ORDNANCE IN SUPPORT OF MAINTAINING Karabakh are caused solely by Azerbaijan COMPANY, THE TENNESSEE NA- NEUTRALITY WITH REGARD TO seem to me to distort the facts and potentially TIONAL GUARD THE PEACE NEGOTIATIONS BE- undermine our good faith efforts to see this TWEEN AZERBAIJAN AND ARME- conflict resolved; and to see peace and pros- HON. MARSHA BLACKBURN NIA perity come to the people of both Azerbaijan OF TENNESSEE and Armenia. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I would encourage all of my HON. DAN BURTON Monday, July 17, 2006 OF INDIANA colleagues to both maintain our neutrality in policy, and to also realize that choosing one Mrs. BLACKBURN. Mr. Speaker, fellow IN THE HOUSE OF REPRESENTATIVES side over the other at this point in time is a Members of Congress, please join me today Monday, July 17, 2006 setback to peace, especially when the side to honor the soldiers of Detachment 1, 779th Mr. BURTON of Indiana. Mr. Speaker, in the they appear to be choosing may be distorting Ordnance Company, of the Tennessee Na- weeks leading up to the G–8 summit, there the facts for its own benefit. tional Guard. was some speculation that the leaders of f The 779th deserves the nation’s thanks and Azerbaijan and Armenia might be invited to at- praise for serving honorably and contributing IN HONOR OF DR. EDGAR B. tend the summit as an incentive to help spur mightily to our efforts in the Middle East. MOORE further progress on peace negotiations be- They have served America in such dan- tween the two countries over the Nagorno- gerous and strategically vital locations as Karabakh issue. Unfortunately, it appears that HON. DENNIS J. KUCINICH Ramadi, Habanabi, Al Asad and Al that did not happen; and I am deeply dis- OF OHIO Taqaddum, and they have been absolutely appointed that the world has missed the op- IN THE HOUSE OF REPRESENTATIVES critical in the tactical and operational success portunity this summit offered to help promote Monday, July 17, 2006 of coalition forces. peace in a region which has been in conflict Mr. KUCINICH. Mr. Speaker, I rise today in Without the skilled and dedicated soldiers of for far too long. honor and recognition of Dr. Edgar B. Moore, the 779th, victory in the Global War on Ter- Although, in my opinion, a good opportunity beloved husband, father, friend, educator, and rorism would not be possible. to advance peace has been lost, I have not spiritual leader. Dr. Moore leaves a legacy at Let us join the rest of Tennessee in saying lost hope that, together with other nations, we Baldwin-Wallace College that reflects his per- congratulations, welcome home, and job well can help Azerbaijan and Armenia achieve sonal passions and professional accomplish- done. peace, and settle once and for all the issue of ments in his roles as both chaplain and pro- f Nagorno-Karabakh, which I believe has signifi- fessor. PERSONAL EXPLANATION cantly stunted the development of both nations Dr. Moore began his career at Baldwin-Wal- as well as the broader region. lace in August 1962, when he was hired as In 1992, the Commission on Security and chaplain. He immediately became involved in HON. SAM GRAVES Cooperation in Europe—CSCE—now the Or- various chapel activities while counseling and OF MISSOURI ganization for Security and Cooperation in Eu- advising students and teaching in the Religion IN THE HOUSE OF REPRESENTATIVES rope—OSCE—created the Minsk Group, a co- Department. At the end of his first year, the Monday, July 17, 2006 alition of member states dedicated to facili- History Department underwent major changes, Mr. GRAVES. Mr. Speaker, I would like to tating a peaceful resolution of the conflict. The and Dr. Moore was asked to take a position state for the record my position on the fol- co-chairs of the Minsk Group—Russia, as professor of history. He accepted and was lowing votes I missed due to reasons beyond France, and the United States—have served named chairman while remaining chaplain. Dr. my control. as mediators, trying to work in close and ef- Moore remained in the History Department On Thursday July 13, 2006 I had to tend to fective cooperation with all parties towards a until his retirement. some family matters and thus missed rollcall fair and effective settlement of the issues. Dr. Moore’s involvement at Baldwin-Wallace votes Nos. 370, 371, 372, 373 and 374. Had I believe though that our success and credi- extended far beyond the History Department. I been present, I would have voted ‘‘yea’’ on bility as a mediator stems from the policy of His students became babysitters for his and all votes. never appearing to favor one nation’s claims his wife’s three children, Cynthia, Robert, and On Monday June 19, 2006 I was unavoid- over the other. I believe that even the modest Mary Louise. He chaperoned spring formals ably delayed and thus missed rollcall votes steps towards peace which we have wit- and Greek parties and assisted in the forma- Nos. 289, 290 and 291. Had I been present, nessed, are a direct result of this neutrality. tion of the Cosmopolitan Club, which brought I would have voted ‘‘yea’’ on all votes. According to the United States State Depart- American and international students together On Monday May 22, 2006 I was unavoid- ment’s 2005 Fact Sheet: ‘‘The United States to promote greater understanding between ably delayed and thus missed rollcall votes does not recognize Nagorno-Karabakh as an cultures. Nos. 177 and 178. Had I been present, I independent country, and its leadership is not Dr. Moore continued his own education would have voted ‘‘yea’’ on both votes. recognized internationally or by the United while teaching at Baldwin-Wallace. In January f States. The United States supports the terri- 1966, he earned his doctorate of philosophy torial integrity of Azerbaijan and holds that the from the University of St. Andrews in Scotland. INTRODUCTION OF H. RES. 916 future status of Nagorno-Karabakh is a matter Through a series of visits, he developed a re- of negotiation between the parties.’’ This has lationship between the schools, which led to HON. F. JAMES SENSENBRENNER, JR. been the policy of the United States towards the present Academic Studies Abroad pro- OF WISCONSIN this issue through both the Clinton and Bush gram. Dr. Moore attended Northwestern Uni- IN THE HOUSE OF REPRESENTATIVES administrations, and it is important in my opin- versity in the summer of 1969 for graduate ion that it remains the same. Any outside influ- classes in African Studies. His new knowledge Monday, July 17, 2006 ence, any shift in neutrality can only result in and ongoing interest in uniting cultures led to Mr. SENSENBRENNER . Mr. Speaker, re- a false peace. That is why I am deeply con- the African Studies program. grettably, today I am forced to introduce this

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.010 E17JYPT1 ycherry on PROD1PC64 with REMARKS July 17, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1421 resolution calling for an inquiry into grounds Judge Alex Kozinski wrote in his dissenting January 26, 2000: The bankruptcy court for the impeachment of U.S. District Court opinion for the Judicial Council of the Ninth lifts the stay at the request of the Canter Judge Manuel L. Real, from the Central Dis- Circuit, ‘‘The fact of the matter is that the Family Trust, thereby allowing the unlaw- judge’s conduct here caused real harm. It cer- ful-detainer action to proceed. Alan Canter trict of California. This resolution has become and Deborah Canter subsequently sign a stip- necessary due to a breakdown in the judicial tainly harmed innocent creditors to the tune of ulated judgment that Deborah vacate the branch’s enforcement of the judicial discipline $50,000 or more. Worse, it harmed public con- premises. statute Congress enacted in 1980. When the fidence in the fair administration of justice in February 7, 2000: The California state court judicial branch has failed to address serious the courts of this circuit. The prohibition enters a judgment pursuant to the stipula- allegations of judicial misconduct, as the Ninth against ex parte communications, rules of pro- tion and orders that Alan Canter recover Circuit arguably has in this matter, the Con- cedure, principles of law—all of these are not possession of the property from Deborah stitution provides the Congress only one trinkets that judges may discard whenever Canter. February 17, 2000: Judge Real withdraws course of action: opening an impeachment in- they become a nuisance. Rather, they are the the case from the bankruptcy court. quiry. mainstays of our judicial system, our guar- February 29, 2000: Judge Real stays en- I would caution my colleagues and others antee to every litigant that we will administer forcement of the California state court judg- not to jump to any conclusions in this matter. justice, as our oath requires, ‘without respect ment. Today’s resolution merely allows the House to person’. . . . [T]he majority’s exiguous Sometime in 2000 or 2001: Judge Real re- Judiciary Committee to open an investigation order seems far more concerned with not hurt- fuses to lift the stay upon motion by the to determine the facts. Only after the House ing the feelings of the judge in question. But Canter Family Trust. Judiciary Committee has conducted a fair, our first duty as members of the Judicial June 18, 2001: Judge Real again refuses to lift the stay upon motion by the Canter thorough, and detailed investigation, will com- Council is not to spare the feelings of judges Family Trust. When counsel for the Trust re- mittee members be able to consider whether accused of misconduct. It is to maintain public quested a reason, Judge Real replied: ‘‘Just Articles of Impeachment might be warranted. confidence in the judiciary by ensuring that because I said it, Counsel.’’ The introduced resolution ensures that the substantial allegations of misconduct are dealt July 2001: Judge Real transfers the bank- investigation will be referred to the House Ju- with forthrightly and appropriately. This the ruptcy proceeding to a second U.S. district diciary Committee. It is modeled after the last majority has failed to do.’’ judge. The second judge re-refers the pro- three impeachment resolutions that the House Judge Real’s actions are under further re- ceeding to the bankruptcy court. (The stay used to investigate, respectively, Judge Harry view by the Ninth Circuit Court of Appeals and of the unlawful-detainer action remains in effect.) E. Claiborne (1986), Judge Alcee L. Hastings have been the subject of numerous news re- January 2002: the bankruptcy court grants (1988), and Judge Walter L. Nixon (1989). All ports by the Los Angeles Times and others. a motion by the Trust to abandon Deborah three were later impeached and removed from Based upon these news reports and legal Canter’s interest in the property. office based on the drafting of more detailed proceedings made public, Judge Real’s be- August 15, 2002: the Ninth Circuit court of articles reported by the committee after the in- havior in the bankruptcy and unlawful-detainer appeals vacates Judge Real’s order with- vestigations were completed. actions may constitute impeachable conduct. drawing the case from the bankruptcy court According to press reports and legal filings Some of the issues that I hope will be re- and the accompanying order staying enforce- made public, in February 2000 Judge Real al- viewed during the Committee investigation in- ment of the California state court judgment. legedly interceded on behalf of a defendant February 2003: A judicial misconduct com- clude— plaint is filed against Judge Real. known to him in a joint bankruptcy and Cali- His intercession on behalf of a litigant July 14, 2003: The Chief Judge of the Ninth fornia State unlawful-detainer action. The de- known to him; Circuit dismisses the complaint. fendant reportedly was going through a messy His alleged ex parte communications with December 18, 2003: A Ninth Circuit Judicial divorce and was ordered to vacate a home the litigant known to him; Council enters an orderer recommending that was held in trust by her husband’s family. His assertion of jurisdiction over pro- that the Chief Judge undertake further in- The defendant filed a bankruptcy petition that ceedings in which he lacked jurisdiction; vestigation into ex parte communications automatically stayed eviction proceedings in His alleged failure to explain his assertion of between Judge Real and Deborah Canter. November 4, 2004: the Chief Judge enters a October 1999, but the stay was eventually lift- jurisdiction to counsel; His alleged failure to provide any legal au- supplemental order and dismiss the com- ed. The defendant, represented by counsel, plaint again. then signed a stipulation that allowed the thority for his actions; His reply, on at least one occasion, to coun- September 29, 2005: A complaint regarding State court to issue an eviction notice in Feb- the Chief Judge’s November 4, 2004, order is sel when questioned as to the basis of a ruling ruary 2000, approximately 10 days before dismissed. (‘‘Just because I said it, Counsel.’’). May 23, 2006: Ninth Circuit Chief Judge or- Judge Real allegedly interceded. I expect the next step in this process to in- Judge Real allegedly received ex parte ders a ‘‘special committee’’ to investigate volve the establishment of a bipartisan im- communications from the defendant and consolidated complaints against Judge Real. peachment inquiry team in the near future. through third parties about the matter before CHRONOLOGY OF EVENTS BASED UPON NEWS H. RES. 916 he took action. Judge Real was supervising REPORTS AND LEGAL FILINGS IMPEACHMENT Resolved, That Manuel L. Real, judge of the the defendant as part of her probation in a INVESTIGATION OF U.S. DISTRICT JUDGE United States District Court for the Central separate criminal case in which she had pled MANUEL L. REAL, PREPARED BY HOUSE JU- District of California, is impeached for high guilty to perjury and loan fraud. DICIARY MAJORITY COMMITTEE STAFF crimes and misdemeanors. Judge Real withdrew the case from the September 11, 1991: Alan and Elizabeth f bankruptcy court and enjoined the State evic- Canter purchase a Los Angeles home as an tion proceeding. He allegedly gave no reasons investment. IN HONOR AND RECOGNITION OF for his assertion of jurisdiction over the case September 25, 1991: Their son, Gary, and DAVID AND REBECCA JEWEL or his rulings. The defendant was allowed to his wife, Deborah, take up residence at the home. Gary pays rent thereafter. live rent-free in the home for a period of years. 1997: Title to the home is transferred to a HON. DENNIS J. KUCINICH When the trustee appealed by mandamus to trust (the ‘‘Canter Family Trust’’). OF OHIO the Ninth Circuit, Judge Real transferred the February 24, 1999: Gary and Deborah IN THE HOUSE OF REPRESENTATIVES case to another district judge. The trustee re- Canter separate. Gary moves out and rent claimed the property on appeal but reportedly payments cease thereafter. Monday, July 17, 2006 August 13, 1999: Alan Canter files an unlaw- Mr. KUCINICH. Mr. Speaker, I rise today in lost at least $35,000 in rent during the pro- ful-detainer action in California state court, ceedings. seeking Deborah’s eviction from the prop- honor and recognition of David and Becky According to news reports, in February 2003 erty and $5,000 back rent. Jewel, united in marriage and united in their a private citizen filed a complaint against October 26, 1999: Deborah Canter files a exceptional service to our Nation’s veterans, Judge Real for his conduct in the bankruptcy Chapter 13 bankruptcy petition 24 minutes upon the occasion of their retirement that fol- and unlawful-detainer actions. This complaint before her unlawful-detainer trial com- lows more than 53 years of combined, out- reportedly was dismissed twice by the Chief mences. The trial is stayed. standing service within the medical facilities of January 24, 2000: Deborah Canter and Judge of the Ninth Circuit, even though the Judge Real conduct a probation review meet- the Veterans Administration. Judicial Council in the second case reportedly ing in his chambers. (Judge Real was super- Rebecca Jewel is a registered dietician and recommended that further investigation take vising Deborah Canter as part of her proba- has guided veterans in nutrition health, aware- place regarding ex parte communications be- tion in a separate criminal case in which she ness and education at VA facilities across the tween Judge Real and the litigant. pled guilty to perjury and loan fraud.) Nation, including VA medical centers in Hines,

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.015 E17JYPT1 ycherry on PROD1PC64 with REMARKS E1422 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2006 IL, Fort Wayne, IN, and in Cleveland and accountability, and produces much less paper dren, but also by all of those who have bene- Brecksville, OH. Her medical career also in- waste—all of which are great advancements. fited from the works to which he dedicated his cludes work at Parma Community General What hasn’t changed over time is the impor- life. Hospital in Parma, OH. and Christ Hospital in tance of the role of congressional case- f Cincinnati. Besides serving as the Advanced workers. These staff members get little of the Systems Dietician, Rebecca provides on-going glory, but are the key component for an effec- HONORING ‘‘MOTHER’’ RUTH tech support and training for nutrition employ- tive Member of Congress. VILLIA JONES ees, and also serves a facilitator for many Constituents who reach out for help from Goal Sharing teams within her department. their Member of Congress usually are in great HON. BARBARA LEE David Jewel, the chief of External Affairs for need. They are trying to file immigration docu- OF CALIFORNIA the Louis Stokes VA in Cleveland, has also ments for a loved one, obtain a lost Social Se- IN THE HOUSE OF REPRESENTATIVES served at VA medical centers in Ann Arbor, curity check upon which their parent depends, Monday, July 17, 2006 MI, and Cincinnati, OH. David has consistently or applying for a federal grant which could led efforts to ensure that veterans are fully in- make or break their organization’s ability to Ms. LEE. Mr. Speaker, I rise today to honor formed about the benefits entitled to them. He continue providing important services to the the extraordinary life and work of Ruth Villia has led the effort to upgrade vital areas of community. Jones of Oakland, California. Known to most communication within the VA, with a focus on With Gaye at the helm of my casework op- simply as Mother Ruth, she has been a lead- minority veteran’s affairs, community affairs eration, I’ve never had to worry about my con- er, an activist, and an icon in the Oakland programs and public relations. David has been stituents being served—and served superbly. community for decades, providing care and the codirector of the Medical Center’s Com- Her retirement is well deserved, but those of guidance to countless others throughout her bined Federal Campaign for the past 4 years. us lucky enough to work with her, and thou- life, and on July 16, 2006, the friends and Mr. Speaker and colleagues, please join me sands of East Bay residents she’s helped over family of Mother Ruth will gather to celebrate in honor, recognition and gratitude to David the years, will miss her tremendously. this remarkable woman’s 100th birthday. Mother Ruth was born July 12, 1906 in Lou- and Rebecca Jewel, whose individual and f united dedication to our Nation’s veterans is isiana, soon after the great quake of San framed by commitment, compassion, integrity A TRIBUTE TO MARTIN RUBIN Francisco. She grew up during a time of ex- and accomplishment. Their service and lead- treme social and racial segregation, and ership has been a significant component that HON. ADAM B. SCHIFF learned about racial and gender discrimination reflects the strength and quality within the VA, OF CALIFORNIA from her family’s experiences. These experi- and is a brilliant example of service for anyone IN THE HOUSE OF REPRESENTATIVES ences shaped her resolve to challenge the status quo and begin her quest for social and who will follow. I wish David and Rebecca Monday, July 17, 2006 Jewel an abundance of health, peace and human rights in the 1930s and as a Red happiness as they journey onward from here. Mr. SCHIFF. Mr. Speaker, I rise today to Cross volunteer during World War II in the honor the late Martin Rubin. Mr. Rubin will be 1940s. f greatly missed. The transportation engineering Throughout the 1950s, 1960s, and 1970s, HONORING GAYE HYDE’S SERVICE world lost a legend whose influence in the de- Mother Ruth combined her deep spiritual com- TO CALIFORNIA’S EAST BAY velopment of the Los Angeles Metro Rail and mitment with her desire for social justice, be- COMMUNITY the San Francisco Bay Area Rapid Transit, coming active in the civil rights movement and BART, systems, among other critical transpor- fighting to end racial discrimination in our HON. FORTNEY PETE STARK tation projects, continues to facilitate the com- country. She marched and worked with the OF CALIFORNIA mutes of residents in some of our nations Reverend Martin Luther King, Jr., Reverend IN THE HOUSE OF REPRESENTATIVES most expansive metropolitan areas. Jesse Jackson, and the Reverend Cecil Wil- A native of Brooklyn, New York, Martin liams. In the 1960s and 1970s Mother Ruth Monday, July 17, 2006 Rubin entered into the United States Army fol- supported the work of a young group of Afri- Mr. STARK. Mr. Speaker, I rise to honor lowing his graduation from City College of can American activists, known as the Black Gaye Hyde, my lead caseworker in Fremont, New York. In 1956, he joined Parsons Panthers, by joining them on picket lines, in CA, district office, who will be retiring on July Brinckerhoff, a 120-year-old international engi- the Free Breakfast Programs and Schools, 31, 2006. neering firm based in New York City. After eventually earning her the esteemed honor of Gaye has worked for me, and more impor- moving to Southern California in 1981, he ‘‘Mother’’ to these young men. tantly for the people of California’s 13th Con- worked indefatigably to expand the prestigious As ‘‘Mother Ruth,’’ through her vision and gressional District, for 31 years. I dare say representation of Parsons Brinckerhoff to the activism, she has mentored and enriched the that her level of commitment is hard—if not western United States, and simultaneously lives of many local leaders, such as Oakland impossible—to match. I’m honored that she’s managed a wide array of transportation Mayor Lionel Wilson, Congressman Ron Del- stuck with me for so many years. But, it is my projects. lums, and myself when I was becoming politi- constituents who have been the real winners. Mr. Rubin’s undeniably selfless dedication cally active in the 1970s. Working with her Gaye has presided over tens of thousands earned him the honor of being in charge of the helped to instill in me not only a deep sense of cases herself and has trained every case- Western region of Parsons Brinckerhoff in the of community, but also a fundamental commit- worker who has come and gone from my staff 1980s, followed in 1990 by his selection as ment to fighting for social equity and social over the past 30 years. the president and chief operating officer of the justice throughout my life. She has been a She started handling constituent casework firm’s United States infrastructure arm. Always mentor and a friend to me throughout most of in the days before computers were used in the dedicated to service, he relinquished those ti- my life, and I am deeply thankful to her for office. She had to type initial inquiries to agen- tles to assume his duties in the development sharing with me her wisdom, her compassion, cies for assistance, have them mailed to of the Los Angeles Metro Rail system where and her support. Washington, DC for my approval, and then he oversaw the engineering and construction Throughout the Bay Area, Mother Ruth is track their progress through written cor- for the Blue Line, Green Line, and Red Line, also known for helping to start the meals pro- respondence from various agencies and sel- as well as overseeing preliminary efforts on gram at Glide Memorial Church, which con- dom returned phone calls. Typically, she took the Pasadena to Los Angeles Gold Line. He tinues to this day. In the 1980s and 1990s piles of letters home and fact checked and was subsequently honored by being named Ruth Villia Jones turned her energy and ex- typed responses late into the night. She was the chairman of Parsons Brinckerhoff in 1994, pertise to professional organizations, such as always pushing to resolve cases and didn’t an honor that he held until 1997. His retire- the Glide Foundation, the California Legislative feel there was time in the day to meet her ment in 2004 was a fitting end to his 48 years Council for Older Americans, the Alameda standards or constituents’ needs. of distinguished service to his firm, and to the County Advisory Commission on Aging, the How times have changed. Today, many citizens of California. Black Women Organized for Political Action, constituents e-mail their requests for assist- I ask all Members of the House of Rep- the Black Women Organized for Educational ance. Gaye is able to e-mail constituent liaison resentatives to pause to honor a great man, Development, the National Black Women’s offices in a variety of agencies, and much of Martin Rubin, who touched so many people Resource Center, the National Association of the work is done via the Internet. The process through his deeds in life. He will be missed Negro Business and Professional Women’s makes communication faster, provides better not only by his surviving wife and his four chil- Clubs to name a few. Through her various

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.020 E17JYPT1 ycherry on PROD1PC64 with REMARKS July 17, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1423 roles in these organizations, Mother Ruth has promised and have earned health care and Public Defender James J. Steinberg on the continued the fight for social justice and equal- benefits from the Federal Government occasion of his retirement after nearly 30 ity on numerous fronts, and inspired countless through the Department of Veterans Affairs years of service to the people of Humboldt are now in need of these benefits; and new leaders along the way. Whereas, the funding of the health care County. Mother Ruth Villia Jones has been awarded programs of the Veterans Health Adminis- James Steinberg began his public service recognition and praise for her activism on tration of the Department of Veterans Af- career as a Humboldt County Deputy Public many occasions, including being named one fairs has failed to reflect the admission of Defender in 1977, shortly after graduating of the 2003 Eternal Voices of the Oakland Af- newly eligible veterans in the wake of the from the University of California Hastings rican Museum, the 1984 Ella Hill Hutch Award, Veterans’ Health Care Eligibility Reform School of Law in 1976. Promoted to Assistant the 1980 Glide Community Award, and many Act of 1996 and has fallen short of the Public Defender in 1989, Mr. Steinberg was others. amount needed to counter soaring medical then appointed as Public Defender in 1997. care inflation, resulting in a funding short- During this period, he represented well over Mother Ruth Villia Jones has been a loving fall of at least $10 billion; and sister, mother, wife, a proud grandmother and Whereas, the current discretionary method 15,000 clients, including Three Strikes and great grandmother, a friend to many and a of funding the health care programs of the death penalty cases. ‘‘Mother’’ to us all. On this very special occa- Veterans Health Administration is uncertain In addition to his dedicated performance in sion, Oakland and the entire Bay Area com- and is subject annually to the whims and the Public Defenders office, Mr. Steinberg has munity comes together to celebrate Mother competing priorities of Congress, to the det- served as the Humboldt County Bar Associa- Ruth Villia Jones’ 100th birthday and honor riment of the veterans being served; and tion President and the President of the Board Whereas, the Vietnam Veterans of America of Trustees for the Humboldt County Law Li- her for a lifetime of pursuing peace and fight- organization supports the adoption of a new ing for social justice. I am honored to add my funding mechanism for the health care pro- brary. Mr. Steinberg has also been a member voice, on behalf of California’s 9th U.S. Con- grams of the Veterans Health Administra- of the North-Coast Co-op Board of Directors, gressional District, all those gathered here tion that is indexed to medical inflation and the City of Arcata Budget Advisory Committee, today to thank and salute Mother Ruth for her the per capita use of the administration’s and as a lecturer and instructor at both Hum- immeasurable contributions to her community, health care system; and boldt State University and College of the Red- our country, and our world. Whereas, the substantial delay in adjudi- woods. Mr. Steinberg is a founding member of cating veterans’ claims for service-connected the Teen Court, which conducts trials by peers f disability compensation is the cause of much anguish and anger among veterans and is the for first-time juvenile offenders, giving young SUBMISSION OF TEXAS SENATE people a hands-on experience in how our jus- RESOLUTION 9, URGING THE U.S. result of a lack of funding of the Veterans Benefits Administration of the Department tice system works. CONGRESS, TO ADDRESS PROB- of Veterans Affairs, which has led to an in- Mr. Steinberg was recognized in 1997 as LEMS IN THE DEPARTMENT OF sufficient number of adjudicators and the in- the Democrat of the Year by the Humboldt VETERANS AFFAIRS adequate training and supervision of adju- County Democratic Central Committee. He dicators; and graciously accepted the award in an unforget- Whereas, while the vast majority of De- table address, delivered in rhymed verse. Mr. HON. CHARLES A. GONZALEZ partment of Veterans Affairs employees are OF TEXAS dedicated to serving veterans, it is necessary Steinberg is well-known and highly regarded IN THE HOUSE OF REPRESENTATIVES to ensure that employee accountability by his colleagues for his patience, leadership, quick wit, superior intelligence and steadfast Monday, July 17, 2006 standards be strengthened at senior and jun- ior levels; and commitment to public service. Mr. GONZALEZ. Mr. Speaker, I rise today in Whereas, while more than five million vet- Mr. Speaker, it is appropriate at this time an effort to bring attention to the insufficient erans use the Veterans Health Administra- that we recognize Public Defender James J. policies that this nation has levied toward our tion of the Department of Veterans Affairs Steinberg for his valuable service over three veterans. The great sacrifices made by our for their health care needs, tens of thousands decades to the people of California, and ex- military personnel should be acknowledged, at more are eligible for benefits of which they are unaware due to inadequate outreach ef- tend our best wishes to him on the occasion the very least, through a secure retirement. forts by the department; now, therefore, be of his retirement. Yet time and again, the rhetoric presented by it f Members of Congress does not match the Resolved, That the Senate of the State of policies that are created. Texas, 79th Legislature, 3rd Called Session, HONORING JOHN F. ‘‘RICKY’’ It is imperative that we address the needs of hereby respectfully urge the Congress of the GOODRICH veterans through real proposals that will be United States to address problems in the De- flexible and hold up against the course of partment of Veterans Affairs related to the HON. MARSHA BLACKBURN time, as opposed to short-term fixes. I believe provision of health care and benefits, the ad- OF TENNESSEE judication of claims, accountability, and IN THE HOUSE OF REPRESENTATIVES that we can provide military retirees with the outreach and to enact legislation that cre- degree of support that is reasonable in light of ates an appropriation formula that ensures Monday, July 17, 2006 the sacrifices that they have made in service predictable and adequate funding of the Mrs. BLACKBURN. Mr. Speaker, I would to this nation. health care programs of the Veterans Health like to take a moment today to honor CW5 This belief is reflected in a measure adopted Administration; and, be it further Resolved, That the Secretary of the Senate John F. ‘‘Ricky’’ Goodrich of the Tennessee by the Texas State Senate on May 15, 2006. Army National Guard. Texas Senate Resolution No. 9 (S.R. 9), forward official copies of this Resolution to the Secretary of Veterans Affairs, the Presi- Recently, Chief Goodrich celebrated his which was authored by Texas State Senator dent of the United States, the President of 60th birthday at the Ali ai-Salem Airbase in Leticia Van de Putte, urges Congress to ad- the Senate and Speaker of the House of Rep- Kuwait while serving there with the Guard’s dress problems in the Department of Veterans resentatives of the United States Congress, Operational Support Airlift Detachment 25. Affairs and to enact legislation that assures and all members of the Texas delegation to While he may be far from home, we’re think- predictable and adequate funding of the Vet- the Congress with the request that this Reso- ing of him and wishing him well as he works erans Health Administration. lution be officially entered in the CONGRES- to defend America’s national security. I would like to submit the text of S.R. 9 to SIONAL RECORD as a memorial to the Con- gress of the United States of America. This is not the first birthday Ricky Goodrich the CONGRESSIONAL RECORD so that we in the has spent away from home while serving his Federal Government might be reminded of our f county though. Nearly 40 years ago, Chief duty to provide appropriate services to the HONORING PUBLIC DEFENDER Goodrich spent his 22nd birthday as a young men and women of our military who have JAMES J. STEINBERG, HUM- soldier in Vietnam. served our nation so proudly. I am hopeful BOLDT COUNTY, CALIFORNIA Chief Goodrich, the command chief warrant that we can make the needs of veterans a officer of the Tennessee Army National Guard, greater priority and that we will thusly adopt HON. MIKE THOMPSON volunteered for this most recent deployment. policies that recognize the profound commit- OF CALIFORNIA And in addition to his administrative respon- ment and steadfast courage our military per- IN THE HOUSE OF REPRESENTATIVES sibilities, he routinely flies his C–12 aircraft sonnel demonstrate every day. into Iraq and Afghanistan. TEXAS SENATE RESOLUTION NO. 9 Monday, July 17, 2006 I would not only like to extend our birthday Whereas, military veterans who have Mr. THOMPSON of California. Mr. Speaker, wishes, but also thank him for his years of ex- served their country honorably and who were I rise today in recognition of Humboldt County ceptional service to the United States Army

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.023 E17JYPT1 ycherry on PROD1PC64 with REMARKS E1424 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2006 and the Tennessee Army National Guard. Clarita Valley, vice president of Special Events can indeed bring success and accomplish- America’s fortunate to have men like Ricky and a director for the Child and Family Center ment. I congratulate him on being the first re- and we honor him today. Foundation, a director for the Roar Foundation cipient of the Distinguished Service Award and f Advisory Board, chair-elect and a director for commend him on his commitment and devo- the American Cancer Society Unit Council and tion to his career and to Groveland. HONORING CHERI FLEMING the Los Angeles Regional Unit Council, vice president of the Sheila R. Veloz Breast Imag- f HON. HOWARD P. ‘‘BUCK’’ McKEON ing Center Advisory Board, chair of the Arthri- ‘‘ACTIVISM FOR THE RIGHT, OF CALIFORNIA tis Foundation Walk and with Don as her co- RESTRAINT FOR THE LEFT’’ IN THE HOUSE OF REPRESENTATIVES chair, has headed the Boys & Girls Club Auc- Monday, July 17, 2006 tion for the past 3 years. In addition, Cheri just fulfilled her $100,000 pledge to help with a HON. BARNEY FRANK Mr. MCKEON. Mr. Speaker, I rise today to cardiac-catheter lab and new emergency room OF MASSACHUSETTS recognize Cheri Fleming, a lovely lady from for our local hospital. Recently, Cheri chaired IN THE HOUSE OF REPRESENTATIVES Santa Clarita, CA. On May 22, Newsweek pre- the Santa Clarita Valley Arthritis Walk raising Monday, July 17, 2006 sented her with the prestigious 2006 Dealer of over $60,000 and Don’s efforts for the Flem- the Year Award from the American Inter- ing-Crawford Golf Invitational raised over Mr. FRANK of Massachusetts. Mr. Speaker, national Automobile Dealers Association, $113,000 for the Sheila R. Veloz Breast Imag- one of the great intellectual inconsistencies of AIADA. ing Center. our time is the assertion by conservatives that Founded in 1970, AIADA represents 11,000 The AIADA acknowledged Cheri Fleming’s they are opposed to ‘‘judicial activism’’ and American automobile dealerships. The mem- exceptional community contributions and busi- wish to have important public policy questions bers of the association provide nearly 500,000 ness acumen with the 2006 Dealer of the Year left to elected officials. Of course that is true American jobs and have a positive economic Award and I would like to commend Cheri for only in those cases where they agree with impact both nationally and in their commu- her success as well. Sir Winston Churchill what the elected officials have done, and they nities. Every May, in recognition of exceptional once said, ‘‘We make a living by what we get. have shown very little restraint when their ide- community contributions and staunch commit- We make a life by what we give.’’ Supported ology calls for judicial invalidation of public ment to the advancement of the industry, the by Don, there is no one who embodies that policy. Indeed, some of the greatest anger I Dealer of the Year program acknowledges 10 statement better than Cheri Fleming. To- have heard expressed toward judiciary re- finalists from across the Nation. Winning the gether, their efforts have made the Santa cently by my conservative colleagues has first time she was nominated, Cheri was the Clarita Valley a much better place to live and been against the eminent domain decision, in only woman proposed this year for the pres- I salute them for their efforts. which the justices are guilty in the eyes of my tigious award. f conservative colleagues of being insufficiently Partners in business, philanthropy and in activist—that is, the court majority allowed the life, Cheri and her husband, Don, purchased RECOGNIZING THOMAS R. MERRILL OF LAKE COUNTY, FL actions of elected State and local officials in Valencia Acura in 1997. Although soon to Connecticut to stand. I agree that eminent do- change, at the time the dealership’s national main has been abused, but so is intellectual ranking was dead last for sales and also in HON. GINNY BROWN-WAITE integrity when people insist that the courts customer satisfaction. Cheri and Don adopted OF FLORIDA defer to elected bodies on the one hand, and IN THE HOUSE OF REPRESENTATIVES the philosophy of ‘‘friendship’’ instead of ‘‘deal- then denounce the Supreme Court precisely ership’’ and began treating their customers Monday, July 17, 2006 for doing that in the Kelo case. just as they would like to be treated. Today, Ms. GINNY BROWN-WAITE of Florida. Mr. Chief Justice Roberts to date appears to be Valencia Acura is one of the top Acura dealer- Speaker, I rise today to recognize Thomas R. very much in the mode of this one-sided con- ships in the country and also ranks amongst Merrill of Groveland, Florida. Recognized as demnation of activism, as Adam Cohen co- the highest in customer satisfaction with re- the longest serving police chief in the Nation, gently points out in the July 10 column in the peat and referral customers comprising over Chief Merrill was honored at the Florida Peace New York Times—given the importance of 75 percent of the business. In a relatively Officers Association awards ceremony as the consistency in the application of judicial prin- short amount of time, Valencia Acura has won first-ever recipient of their Distinguished Serv- ciples, I ask that Mr. Cohen’s very thoughtful many accolades from Acura and Customer ice Award. analysis of the Chief Justice’s inconsistency Satisfaction Index awards, including: Acura’s For the past 37 years, Chief Merrill has be printed here. Precision Team—2002–2004, Honda’s Council served as Groveland’s chief of police and has [From the Editorial Observer, July 10, 2006] of Excellence—2004–2005, ‘‘Best New Car proved to be an inspiration to his community Dealership in Santa Clarita’’—2003–2005, WHAT CHIEF JUSTICE ROBERTS FORGOT IN HIS and area residents. In addition to his high FIRST TERM: JUDICIAL MODESTY ‘‘Most Community Minded Owners in Santa morals and integrity, Chief Merrill’s long tenure (By Adam Cohen) Clarita’’—2003–2005 and Santa Clarita Valley has demonstrated his great dedication and Chamber of Commerce ‘‘2001 Business of the commitment to his profession, as well as to At the confirmation hearings for John Roberts, there were two theories about what Year’’ for the medium-sized category. the city of Groveland. With the success of Valencia Acura, Cheri kind of a chief justice he would be. His crit- Born and raised in Umatilla, FL, Chief Merrill ics maintained that he was an extreme con- and Don rapidly became vital forces in the joined the military after graduating from col- servative whose politics would drive his legal Santa Clarita Valley and have donated nearly lege, serving in the U.S. Air Force from 1959 rulings. Judge Roberts, on the other hand, $3 million to community organizations in the to 1963 as a nuclear weapons specialist. Chief insisted that he was ‘‘not an ideologue,’’ and past 7 years. Their community involvement Merrill later became an officer with the Eustis that his judicial philosophy was to be ‘‘mod- transcends financial support as they can often Police Department, where he remained for 3 est,’’ which he defined as recognizing that be found participating in community organiza- years. After taking a brief leave of absence judges should ‘‘decide the cases before them’’ and not try to legislate or ‘‘execute the tions and generously giving their time, energy from the force to spend time with his family, and efforts for a variety of causes. For their laws.’’ Chief Merrill soon thereafter accepted the po- Judicial modesty is an intriguing idea, hard work and dedication, Don and Cheri were sition as Groveland’s police chief. He has with appeal across the political spectrum. selected as Santa Clarita’s Man and Woman been there ever since, serving Groveland with For all the talk of liberal activist judges, of the Year for 2004. Never before in the his- pride and seeing the city through many anyone who is paying attention knows that tory of the program has a husband and wife changes. conservative judges are every bit as activist received the award in the same year. After raising his children in Groveland, Chief as liberal ones; they just act for different Although at the helm of a thriving business, Merrill is committed to keeping his community reasons. A truly modest chief justice could Cheri finds time for her extensive volunteer safe for future generations. He has enjoyed be more deferential to the decisions of the endeavors. Currently, she is the vice president democratically elected branches of govern- watching the police department and the city ment, both liberal and conservative, and per- at-large and a director for the Henry Mayo grow during his tenure, and with greater ex- haps even usher in a new, post-ideological Newhall Memorial Health Foundation, gov- pansion likely for the future, Chief Merrill has era on the court. ernor-elect for the Soroptimist International no plans to retire anytime soon. That is not, however, how Chief Justice Camino Real Region, member and past-presi- Mr. Speaker, Chief Merrill’s career shows Roberts voted in his first term. He was mod- dent of the Soroptimist International of Santa that loyalty and dedication to one’s community est in some cases, certainly, but generally

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.027 E17JYPT1 ycherry on PROD1PC64 with REMARKS July 17, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1425 ones in which criminal defendants, Demo- mous cases—had commanded a majority, it norities, and shorten the period of renewal by crats and other parties conservatives dislike would have been an ideologically driven 15 years. were asking for something. When real estate court that was both highly conservative and Mr. Chairman, the proponents of these developers, wealthy campaign contributors just about as activist as it needed to be to amendments claim their amendments are in- and other powerful parties wanted help, he get the results it wanted. tended to ‘‘save’’ or ‘‘preserve’’ or ‘‘strength- was more inclined to support judicial action, Chief Justice Roberts still probably views even if it meant trampling on Congress and himself as judicially modest, and in some en’’ the Voting Rights Acts. To claim that you the states. ways he may be. He has been reasonably re- are strengthening the Voting Rights Act by of- The term’s major environmental ruling spectful of precedent, notably when he pro- fering amendments that weaken it is like say- was a striking case in point. A developer vided a fifth vote to uphold Buckley v. ing you must destroy a village in order to save sued when the Army Corps of Engineers de- Valeo, a critically important campaign fi- it. There will be time enough to discuss in de- nied him a permit to build on what it deter- nance decision that is under attack from the tail each of the weakening amendments when mined to be protected wetlands. The corps is right. He has also been inclined to decide they are offered later today. But at this time I under the Defense Department, ultimately cases narrowly, rather than to issue sweep- think it very important to discuss the provi- part of an elected branch, and it was inter- ing judicial pronouncements. But at his con- preting the Clean Water Act, passed by the firmation hearings, he defined judicial mod- sions of the Voting Rights Act which I believe other elected branch. Courts are supposed to esty as not usurping the legislative and exec- an overwhelming majority of the members of give an enormous amount of deference to utive roles. this House will vote to adopt today. I also want agencies’ interpretations of the statutes His approach to his new job is no doubt to spend some time reminding my colleagues, they are charged with enforcing. still evolving, which could be a good thing. and the American people, why this nation But Chief Justice Roberts did not defer. He The respect for the elected branches that he needed a Voting Rights Act in 1965 and still joined a stridently anti-environmentalist invoked while testifying before the Senate opinion by Justice Antonin Scalia that sided needs it today. The American people are enti- Judiciary Committee is hardly a perfect ju- tled to know why the Voting Rights Act is with the developer and mocked the corps’s dicial philosophy especially today, when we interpretation of the law—an interpretation need the court to resist the president’s dan- widely regarded as the most successful civil four justices agreed with as ‘‘beyond par- gerous view of his own power. Still, that rights legislation in history. For all the progress ody.’’ The opinion also complained that the principled approach would do more for the this nation has made in becoming a more in- corps’s approach was too costly. Justice court and the nation than the predictable clusive, equitable, and pluralistic society, it is John Paul Stevens dryly noted that whether arch-conservatism the chief justice’s opin- the Voting Rights Act ‘‘that has brought us benefits outweighed costs was a policy ques- ions have shown so far. thus far along the way.’’ tion that ‘‘should not be answered by ap- pointed judges.’’ f I. BEFORE THE VOTING RIGHTS ACT Mr. Chairman, today most Americans take In an opinion on assisted suicide, Chief FANNIE, LOU HAMER, ROSA Justice Roberts was again a conservative ac- the right to vote for granted, so much so that PARKS, AND CORETTA SCOTT tivist. The case involved Attorney General just over half of eligible Americans vote in a KING VOTING RIGHTS ACT REAU- John Ashcroft’s attempt to invoke an irrele- presidential election. Americans generally as- THORIZATION AND AMENDMENTS vant federal statute to block Oregon’s as- sume that anyone can register and vote if a ACT OF 2006 sisted suicide law, which the state’s voters person is over 18 and a citizen. Most of us had adopted by referendum. Even though it learned in school that discrimination based on meant overruling the voters, intruding on SPEECH OF state sovereignty and mangling the words of race, creed or national origin has been barred a federal statute, Chief Justice Roberts dis- HON. SHEILA JACKSON-LEE by the Constitution since the end of the Civil sented to support Mr. Ashcroft’s position. OF TEXAS War. Chief Justice Roberts voted against an- IN THE HOUSE OF REPRESENTATIVES Before the 1965 Voting Rights Act, however, other democratically enacted, progressive the right to vote did not exist in practice for Thursday, July 13, 2006 law when the court struck down Vermont’s most black Americans. And, until 1975, most strict limits on campaign contributions. He The House in Committee of the Whole American citizens who were not proficient in joined an opinion that not only held that the House on the State of the Union had under law violated the First Amendment, but also English faced significant obstacles to voting, consideration the bill (H.R. 9) to amend the because they could not understand the ballot. engaged in the kind of fine judicial line- Voting Rights Act of 1965: drawing—in this case, about the precise dol- Even though the Indian Citizenship Act gave lar limits the Constitution allows states to Ms. JACKSON-LEE of Texas. Mr. Chair- Native Americans the right to vote in 1924, impose—that is often considered a hallmark man, I rise in proud support of H.R. 9, the state law determined who could actually vote, of judicial activism. ‘‘‘Fannie Lou Hamer, Rosa Parks, and Coretta which effectively excluded many Native Ameri- One of the court’s most nakedly activist Scott King Voting Rights Act Reauthorization cans from political participation for decades. undertakings in recent years is the series of and Amendments Act of 2006.’’ Had I and Asian Americans and Asian immigrants also hoops it has forced Congress to jump through several of my colleagues not heeded the re- when it passes laws that apply to the states. have suffered systematic exclusion from the Judge John Noonan Jr., a federal appeals quests of the bipartisan leadership of the political process and it has taken a series of court judge appointed by President Ronald Committee and the House, there might be an reforms, including repeal of the Chinese Ex- Reagan, has complained that the justices amendment to the bill adding the name of our clusion Act in 1943, and passage of amend- have set themselves up as the overseers of colleague, JOHN LEWIS of Georgia, to the pan- ments strengthening the Voting Rights Act Congress. But Chief Justice Roberts voted to theon of civil rights giants listed in the short three decades later, to fully extend the fran- put up yet another hoop, requiring Congress title. chise to Asian Americans. It was with this his- to put the states on ‘‘clear notice’’—what- Mr. Chairman, with our vote today on H.R. tory in mind that the Voting Rights Act of 1965 ever that means—before requiring them to 9, each of us will earn a place in history. pay for expert witnesses in lawsuits involv- was designed to make the right to vote a re- ing special education. It is a made-up rule Therefore, the question before the House is ality for all Americans. that shows little respect for the people’s rep- whether our vote on the Voting Rights Act will Through the years leading up to the pas- resentatives. mark this moment in history as a ‘‘day of in- sage of the Voting Rights Act, courageous These cases make Chief Justice Roberts famy,’’ in FDR’s immortal words, or will com- men and women braved threats, harassment, seem like a raging judicial activist. But in mend us to and through future generations as intimidation, and violence to gain the right to cases where conservative actions were being the great defenders of the right to vote, the vote for disenfranchised Americans. challenged, he was quite the opposite. When most precious of rights because it is preserva- When the Civil Rights Movement came to a whistle-blower in the Los Angeles district attorney’s office’ claimed he was demoted tive of all other rights. For my part, I stand Ruleville, Mississippi in 1962, Fannie Lou for speaking out, Chief Justice Roberts could Fannie Lou Hamer and Rosa Parks and Hamer quickly became an active participant. find no First Amendment injury. When Coretta Scott King, great Americans who gave With training and encouragement from the Democrats challenged Republicans’ partisan all and risked all to help America live up to the Student Nonviolent Coordinating Committee gerrymandering of Texas’s Congressional promise of its creed. I will vote to reauthorize (SNCC), Hamer and several other local resi- districts, he could find no basis for inter- the Voting Rights Act for the next 25 years. dents attempted to register to vote, but were ceding. I will oppose all of the poison pill amend- unsuccessful because they did not pass the The Roberts court’s first term was not radically conservative, but only because Jus- ments offered by offered by the gentlemen infamous literacy tests. In retaliation for trying tice Anthony Kennedy, the swing justice, from Iowa, Georgia, and, sadly, my home to register, Hamer was fired from her job, re- steered it on a centrist path. If Chief Justice state of Texas. Collectively, these amend- ceived phone threats, and was nearly a victim Roberts—who voted with Justice Scalia a re- ments eviscerate the preclearance provisions of 16 gunshots fired into a friend’s home. But markable 88 percent of the time in nonunani- of Section 5, end assistance to language mi- Hamer was not intimidated: by 1963 she was

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.033 E17JYPT1 ycherry on PROD1PC64 with REMARKS E1426 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2006 a field secretary for SNCC and had success- I believe hyperbole would not be fictional (3) The jurisdiction has submitted all voting fully registered to vote. Once, when asked and would not overstate the solemness that changes for preclearance in compliance with whether she was concerned that agitating for I feel right now. My faith in the Constitution Section 5; is whole, it is complete, it is total. civil rights might stir up a backlash from white (4) The Attorney General has not objected Mississippians, Fannie Lou Hamer famously I stand today an heir of the Civil Rights to a proposed voting change, and no declara- said: Movement, a beneficiary of the Voting Rights tory judgment under section 5 has been de- I do remember, one time, a man came to Act. I would be breaking faith with those who nied by the U.S. District Court for the District me after the students began to work in Mis- risked all and gave all to secure for my gen- of Columbia and; sissippi, and he said the white people were eration the right to vote if I did not do all I can (5) The Justice Department has not as- getting tired and they were getting tense to strengthen the Voting Rights Act so that it signed federal examiners to carry out voter and anything might happen. Well, I asked will forever keep open doors that shut out so registration or otherwise protect voting rights him, ‘‘how long he thinks we had been get- many for so long. And the first and most im- in the jurisdiction. ting tired?’’ . . . All my life I’ve been sick portant thing to do today is to vote in favor of Currently eleven local jurisdictions in Vir- and tired. Now I’m sick and tired of being H.R. 9 and against all weakening amend- sick and tired. ginia have taken advantage of the bailout pro- ments. visions thus far. Mr. Chairman, the Voting Rights Act of II. RENEWAL OF SECTION 5 AND SECTION 203 Mr. Chairman, preclearance acts as an es- 1965, as amended, was enacted to remedy a Congress needs to reauthorize Section 5 of sential deterrent because it puts modest safe- long and sorry history of discrimination in cer- the Voting Rights Act, which requires election guards in place to prevent backsliding. As a tain areas of the country. Presented with a law changes proposed by covered jurisdictions bipartisan report by the U.S. Senate in 1982 record of systematic defiance by certain to be pre-cleared by the Department of Jus- said, without Section 5, many of the advances States and jurisdictions that could not be over- tice. The reason is simple. Equal opportunity of the past decade could be wiped out over- come by litigation, this Congress—led by in voting still does not exist in many places. night with new schemes and devices, such as President Lyndon Johnson, from my own Discrimination on the basis of race still denies the mid-decade redistricting conducted in home state of Texas—took the steps nec- many Americans their basic democratic rights. Texas, which the U.S. Supreme Court struck essary to stop it. It is instructive to recall the Although such discrimination today is more down in part in LULAC v. Perry, 546 U.S.— words of President Johnson when he pro- subtle than it used to be, it must still be rem- No. 05–254 (June 28, 2006) and the Georgia posed the Voting Rights Act to the Congress edied to ensure the healthy functioning of our voter identification scheme, which just this in 1965: democracy. It is the obligation of the federal week was struck down for a second time. ‘‘Rarely are we met with a challenge . . . government to see that the constitutionally Mr. Chairman, many scholars and voting to the values and the purposes and the mean- rights experts agree that without the deterrent ing of our beloved Nation. The issue of equal protected right to vote is guaranteed. This is rights for American Negroes is such as an what the Voting Rights Act is designed to do. effect of Section 5, there will be little to pre- issue . . . the command of the Constitution Section 5: Preclearance vent covered jurisdictions from imposing new is plain. It is wrong—deadly wrong—to deny Section 5 applies to 16 states in whole or in barriers to minority participation. any of your fellow Americans the right to part, including my home state of Texas. Under As much as I and many other may like to vote in this country.’’ section 5, a covered jurisdiction must submit see it, Section 5 should not be made perma- It was wrong to deny African-Americans and proposed changes to any voting law or proce- nent. Making it permanent would render it vul- other citizens their right to vote. It was wrong dure to the Department of Justice or the U.S. nerable to a constitutional challenge. Because then and it is wrong now. Nothing has done District Court in Washington, D.C. for pre-ap- Section 5 is race conscious, it must be able to more to right those wrongs than the Voting proval, hence the term preclearance. The sub- withstand strict scrutiny by the courts. What Rights. Without exaggeration, it has been one mitting jurisdiction has the burden of proof to this means, in part, is that the provision must of the most effective civil rights laws passed show that the proposed change(s) are not ret- be narrowly tailored to address the harms it is by Congress. rogressive, i.e. that they do not have the pur- designed to cure. Many legal experts question In 1964, there were only approximately 300 pose and will not have the effect of denying or whether the Court would find a permanent African-Americans in public office, including abridging the right to vote on account of race Section 5 to be narrowly tailored, such as to just three in Congress. Few, if any, black or color. survive a constitutional attack. elected officials were elected anywhere in the The formula used to designate these cov- Similarly, Section 5 should not be changed South. Today there are more than 9,100 black ered jurisdictions was first adopted in 1965 to apply nationwide. Although this might sound elected officials, including 43 members of and then subsequently amended in 1970 and attractive, a nationwide Section 5 would also Congress, the largest number ever. The act 1975. Section 5 applies to any state or county be vulnerable to constitutional attack as not has opened the political process for many of where a discriminatory test or device was narrowly tailored or congruent and proportional the approximately 6,000 Latino public officials used as of November 1, 1964, and where less to address the harms it is designed to cure, as that have been elected and appointed nation- than 50 percent of the voting age residents of required by the Supreme Court’s recent prece- wide, including 263 at the state or federal the jurisdiction were registered to vote, or ac- dents. Section 5 is directed at jurisdictions level, 27 of whom serve in Congress. Native tually voted, in the presidential election of with a history of discriminating against minority Americans, Asians and others who have his- 1964, 1968, or 1972. Although the formula voters. In addition, nationwide application of torically encountered harsh barriers to full po- used by Congress focused on registration Section 5 would be extremely difficult to ad- litical participation also have benefited greatly. rates, Congress was principally focused on minister, given the volume of voting changes Mr. Chairman, the Voting Rights Act of 1965 voter turnout rates. Rather, Congress under- that would have to be reviewed. This expan- is no ordinary piece of legislation. For millions stood and found that there was an exception- sion of coverage would dilute the Department of Americans, and many of us in Congress, ally strong correlation between low registration of Justice’s ability to appropriately focus their the Voting Rights Act of 1965 is a sacred rates in the covered jurisdiction and active, work on those jurisdictions where there is a treasure, earned by the sweat and toil and purposeful discriminatory conduct intended to history of voting discrimination. tears and blood of ordinary Americans who keep African-Americans from voting. SECTION 203 (LANGUAGE ASSISTANCE) showed the world it was possible to accom- Mr. Chairman, it is important to emphasize Mr. Chairman, it is crucial that everyone in plish extraordinary things. that preclearance does not punish states for our democracy have the right to vote. Yet, Mr. Chairman, I hail from the great State of the wrongdoings of the past. Nor does it stifle having that right legally is meaningless if cer- Texas, the Lone Star State. A state that, their ability to move forward and progress. tain groups of people (such as the disabled or sadly, had one of the most egregious records That is because covered jurisdictions are able those with limited English proficiency) are un- of voting discrimination against racial and lan- to remove themselves from the restrictions of able to accurately cast their ballot at the polls. guage minorities. Texas is one of the Voting preclearance through a process known as Voters may be well informed about the issues Rights Act’s ‘‘covered jurisdictions.’’ In all of its bailout which sets forth clear and demon- and candidates, but to make sure their vote is history, I am only one of three African-Amer- strable standards. Among other things, the ju- accurately cast, language assistance is nec- ican woman from Texas to serve in the Con- risdiction must show that: essary in certain jurisdictions with con- gress of the United States, and one of only (1) It has not used a test or device with a centrated populations of limited English pro- two to sit on this famed Committee. I hold the discriminatory purpose or effect with respect to ficient voters. seat once held by the late Barbara Jordan, voting; Section 203 was added to the Voting Rights who won her seat thanks to the Voting Rights (2) No state or federal court has issued a Act in 1975 and requires certain jurisdictions Act. From her perch on this committee, Bar- final judgment against the state or political to make language assistance available at poll- bara Jordan once said: subdivision for voting discrimination; ing locations for citizens with limited English

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.036 E17JYPT1 ycherry on PROD1PC64 with REMARKS July 17, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1427 proficiency. These provisions apply to four lan- tervene and, as a result, voter turnout doubled efforts and wish her the best in her future en- guage groups: Americans Indians, Asian and a local Vietnamese citizen was elected to deavors. Americans, Alaskan Natives, and those of a local legislative position. Another example: f Spanish heritage. A community with one of implementation of language assistance in New these language groups will qualify for lan- York City had enabled more than 100,000 HONORING THE CITY OF ARLING- guage assistance if (1) more than 50 percent Asian-Americans not fluent in English to vote. TON, TX, ON ITS 130TH BIRTH- of the voting-age citizens in a jurisdiction be- In 2001, John Liu was elected to the New DAY long to a single language minority community York City Council, becoming the first Asian- and have limited English proficiency (LEP); American elected to a major legislative posi- HON. JOE BARTON OR (2) more than 10,000 voting-age citizens tion in the city with the nation’s largest Asian- OF TEXAS in a jurisdiction belong to a single language American population. IN THE HOUSE OF REPRESENTATIVES minority. community and are LEP; AND (3) the CONCLUSION Monday, July 17, 2006 illiteracy rate of the citizens in the language The Voting Rights Act of 1965, represents minority is higher than the national illiteracy our country and this Congress at its best be- Mr. BARTON of Texas. Mr. Speaker, on rate. cause it matches our words to deeds, our ac- July 19, 1876, the United States was still cele- Section 203 requires that registration and tions to our values. And, as is usually the brating its centennial as Engine No. 20 rolled voting materials for all elections must be pro- case, when America acts consistent with its down the freshly laid tracks of the Texas and vided in the minority language as well as in highest values, success follows. I urge my col- Pacific Railroad built to extend rail service English. Oral translation during all phases of league to vote for the bill and reject all amend- west from Dallas. The railroad had hired fron- the voting process, from voter registration ments. tier surveyor and Presbyterian minister An- drew Hayter to locate and lay out a 1-square- clerks to poll workers, also is required. Juris- f dictions are permitted to target their language mile township as a wood and water stop mid- assistance to specific voting precincts or PAYING TRIBUTE TO CORAL way between Dallas and Fort Worth. Entre- areas. CHILDS preneur James Ditto immediately established There are currently a total of 466 local juris- a general store in the center of the new town, dictions across 31 states that are required to HON. JON C. PORTER which had quickly become a shipping point for provide language assistance nationwide. Of OF NEVADA local cotton farmers and merchants. Hayter this total: 102 must assist Native Americans or IN THE HOUSE OF REPRESENTATIVES and Ditto named the town Arlington in honor Alaskan Natives across 18 states; 17 local ju- of General Robert E. Lee’s home in Virginia, Monday, July 17, 2006 risdictions in seven states must assist Asian and Ditto became the town’s first postmaster. language speakers and; 382 local jurisdictions Mr. PORTER. Mr. Speaker, I rise today to Today, Arlington is the 49th largest city in in 20 states must assist speakers of Spanish. honor Coral Childs for her tireless efforts to the United States with a population of more The total of these figures exceeds 466 be- enhance technology in the classroom. than 360,000 people. It is home to a major cause 57 of these Section 203 jurisdictions Coral Childs has worked tirelessly to further General Motors assembly plant, a National across 13 states must offer assistance in mul- her vision of providing every student in Amer- Semiconductor wafer plant, a number of For- tiple languages. ica with access to computers in their schools. tune 500 facilities, the fastest growing univer- There is a great misconception that section Through the Computers for Learning program, sity in Texas—the University of Texas at Ar- 203 is not needed because voters must be CFL, Coral and her team are turning her vi- lington—and an entertainment complex that is citizens, who are required to. speak English. sion into a reality, matching these ‘‘needy’’ one of the top tourist destinations in the coun- While this is true, such citizens still may not schools with a donor, either a government try. The original Six Flags amusement park, be sufficiently fluent to participate fully in the agency or a member of the private sector, and Hurricane Harbor water park, and the Texas voting process without this much-needed as- giving young students access to the tools they Rangers Baseball Club are located there. And sistance. In addition, there are many other citi- need to prepare themselves to compete in the in 2009, when the new stadium is completed, zens, the majarity of whom are Latinos and new economy. The CFL program helped bring it will become the new home of the Dallas Native Americans, who were barn in the to life an executive order that encouraged gov- Cowboys football team. United States but have had little or no edu- ernment agencies to donate computers and Arlington is and has always been one of the cation and/or are limited English proficient. equipment to schools. best places in Texas to live, work, and play, The failure of certain jurisdictions to provide The General Services Administration took to get a quality education and to start a new adequate education to non-English speaking ownership of CFL in late 1999. It was at this business. Recent surveys tell us that Arlington minorities is well documented in legal deci- time that Coral began her work with the pro- is also one of the fittest cities of its size in the sions and in quantitative studies of educational gram. Under her leadership over the next 5 Nation, as well as one of the best educated. achievement for Latinos and Native Ameri- years, CFL helped transfer more than 118,000 As the representative to Congress from Ar- cans. Before the language assistance provi- computers and related equipment to over lington, TX, I want to join the citizens of this sions were added to the Voting Rights Act in 12,000 needy schools. Coral played a signifi- great city in celebrating its 130th birthday, rec- 1975, many Spanish-speaking United States cant role in both the marketing and outreach ognize the city for its outstanding achieve- citizens did not register to vote because they for the program, but her active involvement ments over the past 130 years, and pray could not read the election material and could with the CFL’s website cannot go God’s blessings on its people for the next 130 not communicate with poll workers. Language unmentioned. Due to her remarkable compas- years. assistance has encouraged these and other sion for the public and her dedication to the f citizens of different language minority groups cause, the website is a place where agencies to register and vote and participate mare fully can instantly access pertinent information A TRIBUTE TO DEAN DONALD E. in the political process which is healthy far our about needy schools. A key innovation to the WILSON democracy. program that Coral brought to CFL was to ex- Mr. Chairman, it should be stressed that pand potential donors from government agen- HON. BENJAMIN L. CARDIN language assistance is not costly. According cies to donors from the private sector includ- OF MARYLAND to two separate Government Accounting Office ing corporations and individuals. IN THE HOUSE OF REPRESENTATIVES studies, as well as independent research con- Coral’s achievements with CFL helped pro- Monday, July 17, 2006 ducted by academic scholars, when imple- pel her to a new position within the General mented properly language assistance ac- Services Administration. She no longer plays a Mr. CARDIN. Mr. Speaker, I rise today to counts only for a small fraction of total election daily role in the Computers for Learning pro- honor Donald E. Wilson, M.D, MACP, who is costs. The most recent studies show that com- gram, but its success would not exist without retiring as dean of the University of Maryland pliance with Section 203 accounts for approxi- the key part she played in the program’s initia- School of Medicine and vice president of Med- mately 5 percent of total election costs. tives and implementation. ical Affairs for the University of Maryland. Finally, Mr. Chairman, language assistance Mr. Speaker, I am proud to honor Coral Dean Donald E. Wilson has transformed the works. To cite one example, in 2003 in Harris Childs. Her dedication to distributing com- landscape of American medicine and medical County, Texas, officials did not provide lan- puters and related equipment to needy education at the University of Maryland. In guage assistance for Vietnamese citizens. schools has greatly enhanced the educational 1991, when Dr. Wilson was appointed dean of This prompted the Department of Justice to in- experience of countless children. I applaud her the University of Maryland School of Medicine,

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.036 E17JYPT1 ycherry on PROD1PC64 with REMARKS E1428 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2006 he was the first African-American dean of a Mr. Chairman, this amendment should be are participating in the week’s events. Many of primarily non-minority medical school, as well soundly defeated. I agree with Mr. SENSEN- the other delegates flew for the first time into as the first African-American dean at the Uni- BRENNER that of all the weakening amend- the Baltimore-Washington International versity of Maryland School of Medicine. ments offered, this one is the worst by far. Thurgood Marshall Airport, which was re- Since 1991, Dean Wilson has increased The Westmoreland Amendment turns Sec- named last year in honor of Justice Marshall, grant and contract awards from $77 million to tion 5 on its head because instead of enforc- a son of Baltimore who served as the $350 million. Philanthropic support for the ing the Voting Rights Act and stopping voting NAACP’s Chief Counsel prior to his historic school of medicine has risen from $1.7 million discrimination, the Department of Justice will tenure on the United States Supreme Court. to $37 million. Dean Wilson has created one be forced to spend nearly all of its time con- The 97th annual convention occurs as the of the most diverse student bodies and fac- ducting investigations to determine where dis- House of Representatives has just overwhelm- ulties in the country, with the School of Medi- crimination no longer exists. In the meantime, ingly passed—without amendments—a 25- cine doubling the number of full-time African- voting discrimination and constitutional viola- year reauthorization of the 1965 Voting Rights American faculty. Now ranked among the top tions will not be addressed. Act, and we look forward to its passage this medical schools in the country, the University Further, Mr. Chairman, this amendment week by the Senate. I want to express my of Maryland School of Medicine has benefitted would cripple the Voting Section of the Depart- gratitude to Mr. Gordon and Mr. Bond for their from Dean Wilson’s leadership that has pro- ment of Justice’s Civil Rights Division, making vigorous efforts in support of this crucial legis- moted the values of cultural and gender diver- enforcement of the Act nearly impossible. lation. sity and created an all-inclusive atmosphere at There are nearly 900 jurisdictions covered na- Mr. Speaker, I urge my colleagues to join the medical school. tionwide by Section 5. Under the proposed me in saluting the NAACP for its extraordinary Dean Wilson’s commitment to the education amendment, determinations of whether a juris- legacy of commitment and courage and for its of minority students in the field of medicine led diction has a clean bill of health will require outstanding presence at this 97th annual con- him to found the Association of Academic Mi- the Attorney General to dedicate considerable vention. I look forward to working with them to nority Physicians. He continues to serve as resources to making these determinations, promote and protect civil rights in the years to editor of the association’s journal. For his de- and little else. This amendment has the effect come. votion, Dr. Wilson became the first recipient of of requiring coverage determinations be made f the Association of American Medical Colleges’ by the Attorney General each year. Herbert W. Nickens, MD Award for Diversity. The Westmoreland Amendment removes ON ILLICIT ARMS TRAFFICKING Dr. Wilson has been a good and trusted ad- the longstanding requirement that covered ju- viser to me on health care policy. He has spo- risdictions bear the burden of establishing that HON. CHARLES B. RANGEL ken out about the need to expand research they are free from discrimination and places OF NEW YORK into diseases that are more prevalent in the that burden on the Attorney General. Jurisdic- IN THE HOUSE OF REPRESENTATIVES African-American community and among tions are uniquely positioned with the evidence Monday, July 17, 2006 women. His service on the Maryland Health showing whether or not voting discrimination is Care Commission has helped to guarantee ac- still present. Mr. RANGEL. Mr. Speaker, I rise today to cess to emergency health care for all Mary- Finally, Mr. Chairman, the current bailout address the issue of illegal trafficking of small landers while ensuring that hospitals are able provision in Section 4(a) of the Act provides a arms and light weapons which is responsible to provide those services. reasonable and cost-effective opportunity for for the death of approximately 1,000 people I hope you will join me in congratulating and qualifying jurisdictions to bailout any time after every day worldwide. As U.N. Secretary Gen- thanking Dean Donald E. Wilson for his out- they meet the criteria, as eleven local jurisdic- eral Kori Annan reminded us in the U.N. con- standing contributions to medical education tions in Virginia have already done success- ference on curtailing small arms and light and his commitment to racial and cultural in- fully. The cost for bailout actions has averaged weapons, ‘‘these weapons may be small, but clusion. only $5,000. they cause mass destruction.’’ f I urge my colleagues to reject the amend- The United States objects to any inter- ment. national regulation on arms trade and is op- FANNIE LOU HAMER, ROSA posed to a blanket ban on governments sell- f PARKS, AND CORETTA SCOTT ing arms to ‘non-state actors,’ i.e. rebel KING VOTING RIGHTS ACT REAU- WELCOMING THE NAACP TO WASH- groups, on the grounds that the oppressed THORIZATION AND AMENDMENTS INGTON, DC ON THE OCCASION have the right to defend themselves against ACT OF 2006 OF ITS 97TH ANNUAL CONVEN- tyrannical and genocidal governments. Unfor- TION tunately our policy also leaves the door open SPEECH OF for terrorists groups to get their hands on HON. SHEILA JACKSON-LEE HON. BENJAMIN L. CARDIN weaponry. The U.S. government is loathe to OF TEXAS OF MARYLAND sacrifice the liberty of the oppressed people IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES worldwide in exchange for a possible security risk (terrorist threat) to the United States, but Thursday, July 13, 2006 Monday, July 17, 2006 has no qualms in forfeiting the privacy and The House in Committee of the Mr. CARDIN. Mr. Speaker, I rise to welcome civil liberties of American citizens in return for Whole House on the State of the Union the National Association for the Advancement security. had under consideration the bill (H.R. of Colored People to Washington, DC for its Furthermore, the United States is the lead- 9) to amend the Voting Rights Act of 97th Annual Convention, The NAACP has ing producer of arms in the world, meaning 1965. been dedicated to promoting and preserving we, more than any other country engage in Ms. JACKSON-LEE of Texas. Mr. Chair- civil rights since its founding in 1909. This arms trade with other governments, as well as man, I rise in strong opposition to the Nor- year’s theme, ‘‘Voting our Values, Valuing our ‘nonstate actors.’ We, as the superpower of wood Amendment to H.R. 9, the ‘‘Fannie Lou Votes,’’ reflects well the organization’s commit- the global system, must take the leading role Hamer, Rosa Parks, and Coretta Scott King ment to the causes of equality and full partici- in eliminating illicit arms trafficking which sup- Voting Rights Act Reauthorization and Amend- pation in society for each and every American. plies armaments to brutal civil wars and orga- ments Act of 2006.’’ The Westmoreland I wish to extend a special welcome to nized crime networks and thereby causing Amendment requires the Attorney General to NAACP President and CEO Bruce Gordon massive casualties worldwide, everyday. annually determine whether each State and who is completing his first year at the organi- The United Nations has adopted a non-bind- political subdivision subject to the zation’s helm, and to Chairman Julian Bond, ing agreement program of action in its con- preclearance requirements of section 5 meets who has provided steadfast direction and ference on ‘‘illicit Trade of Small Arms and the requirements for bailout. The amendment counsel over the years. Light Weapons In All Its Aspects,’’ held in July further requires the Attorney General to then As a native of Baltimore, the NAACP’s 9–20, 2001. It encourages nations to ensure inform the public and each state and political home, and as a life member of the organiza- manufacturers use markings on small arms subdivision that they are eligible to bail out. tion, I am filled with pride to see such a large and light weapons make tracing illegal arms Last, the amendment would direct the Attorney turnout this week in our nation’s capital. I also easier. It also encourages implementation of General to consent to the bailout in federal want to welcome the delegates from Region 7, procedures to monitor legal sales, transfer and court. including my constituents from Maryland, who stockpiling of small arms and light weapons

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.039 E17JYPT1 ycherry on PROD1PC64 with REMARKS July 17, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1429 and urges governments to make illegal manu- the United States to the conference were exist. As of 2000, three fourths of the 3 to 3.5 facture, trade and possession a criminal of- prominent members of the gun lobby group, million students who are native-born were con- fense. he said he made it a practice not to comment sidered to be English Language Learners on the activities of nongovernmental organi- The U.S. policy should be to support the zations. (ELLs), meaning the students don’t speak U.N.’s Program of Action and try to make the English well enough to understand the basic resolution of the conference binding to the f English curriculum. ELL students lag signifi- member states. We already have strict regu- FANNIE LOU HAMER, ROSA cantly behind native-English speakers and are latory policies in arms trade within our bor- PARKS, AND CORETTA SCOTT twice as likely to fail graduation tests. Cali- ders. We need to expand those policies inter- KING VOTING RIGHTS ACT REAU- fornia has over 1,500,000 ELLs; Texas has nationally with the assistance of the United THORIZATION AND AMENDMENTS 570,000 ELLs; Florida has 25,000 ELLs; and Nations. ACT OF 2006 New York has over 230,000. Mr. Speaker, I rise to enter into the RECORD, Since 1975, there have been more than 24 the article by Warren Hoge, titled With cave- SPEECH OF education discrimination cases filed on behalf ats. U.S. Backs Session at U.N. on curtailing HON. SHEILA JACKSON-LEE of ELLs in 15 States. Fourteen of the States in which education discrimination lawsuits Illegal Arms, published in the June 28, 2006 OF TEXAS have been brought are covered by language edition of the New York Times, reporting on IN THE HOUSE OF REPRESENTATIVES the U.N. Small Arms & Light Weapons Review assistance provisions. Since 1992, 10 cases Conference 2006. Thursday, July 13, 2006 have been filed. Litigation and consent de- [From the New York Times, June 28, 2006] The House in Committee of the Whole crees are currently pending in Texas, Alaska, House on the State of the Union had under WITH CAVEATS, U.S. BACKS SESSION AT U.N. Arizona, and Florida. Discrimination cases that consideration the bill (H.R. 9) to amend the ON CURTAILING ILLEGAL ARMS have been brought address issues such as in- Voting Rights Act of 1965. (By WARREN HOGE) adequate funding for ELLs, inadequate cur- Ms. JACKSON-LEE of Texas. Mr. Chair- United Nations, June 27.—The Bush admin- riculum to assist ELLs become proficient in istration gave its backing on Tuesday to a man, I thank the gentlemen for yielding. I rise English, and lack of teachers and classrooms. United Nations conference on curtailing the in strong opposition to the King Amendment to These disparities increase the likelihood that international flow of illegal arms, but H.R. 9, the ‘‘Fannie Lou Hamer, Rosa Parks, ELLs will achieve lower test scores and drop warned delegates against adopting measures and Coretta Scott King Voting Rights Act Re- out of school, ultimately, leading to lower voter that would restrict individual possession of authorization and Amendments Act of 2006.’’ registration and turnout. weapons. The King Amendment strikes, inter alia, sec- Also, adults who want to learn English must ‘‘The U.S. Constitution guarantees the tion 203 of the bill. Section 203 is the part of endure long waiting periods to enroll in rights of our citizens to keep and bear arms, the Voting Rights Act that provides language English Second Language (ESL) literacy cen- and there will be no infringement of those rights,’’ Robert G. Joseph, under secretary of assistance to American citizen voters for ters. The lack of funding to expand the num- state for arms control and international se- whom English is not their first language. ber of ESL centers around the country leaves curity affairs, told the General Assembly. Mr. Chairman, this amendment should be minority citizens unable to enroll in classes for ‘‘Many millions of American citizens enjoy soundly defeated. I agree with the Mr. SEN- several years. For example, in large cities hunting and the full range of firearms sports, SENBRENNER that of all the weakening amend- such as Boston, citizens must wait for several and our work will not affect their rights,’’ he ments offered, this is one of the worst and years to enroll. In New Mexico, citizens must said. ugliest. wait up to a year. In the State of New York, He also said Washington would object to Mr. Chairman, one of the most important the waiting lists were so long, the State elimi- any steps to establish international regula- things proponents of the King Amendment fail tion of ammunition or to ban governments nated them and instituted a lottery system. from selling arms to rebel groups, known in to understand is that Section 203 removes Once enrolled, learning English takes citizens diplomatic jargon as ‘‘nonstate actors.’’ barriers to voting faced by TAX PAYING several years to even obtain a fundamental ‘‘While we will of course continue to op- AMERICAN CITIZENS, citizens who do not understanding of the English language—not pose the acquisition of arms by terrorist speak English well enough to participate in the enough to understand complex ballots. Citi- groups,’’ he said, ‘‘we recognize the rights of election process. Tax-paying citizens should zens should not be barred from exercising the oppressed to defend themselves against not be penalized for needing assistance to ex- their right to vote while trying to become tyrannical and genocidal regimes and oppose ercise their fundamental right to vote. English proficient. a blanket ban on nonstate actors.’’ Language minority citizens are required to Most jurisdictions covered by Section 203 The two-week conference, which began pay taxes and serve in the military without re- Monday, is intended to improve ways of support its continued existence. According to a curbing the $1 billion black market in the gard to their level of English proficiency. If 2005 survey, an overwhelming majority of ju- manufacture and distribution of small arms they can shoulder those burdens of citizen- risdictions covered by Section 203 think that and light weapons that supply brutal civil ship, they should be able to share in the bene- federal language assistance provisions should wars and organized crime networks and end fits of voting with appropriate assistance to ex- remain in effect for public elections. In fact, in up killing an estimated 1,000 people every ercise the vote. a poll of registered voters, 57 percent believe day worldwide. Section 203 mandates language assistance it is difficult to navigate ballots and instructions Secretary General Kofi Annan reminded based on a trigger formula for language mi- and that assistance should be provided. the gathering that ‘‘these weapons may be norities from four language groups: Native small, but they cause mass destruction.’’ He Mr. Chairman, it is instructive to review just urged member countries to toughen existing Americans, Native Alaskans, Asian Americans, a few contemporary examples which dem- laws governing arms deals. and persons of Spanish heritage. Section 203 onstrate the continuing need for the language Steps that Mr. Joseph said the United protects citizens, not illegal immigrants. Re- assistance provisions of Section 203: States would support included the marking gardless of one’s position on the ongoing de- In 2003 in Harris County, Texas, officials and tracing of weapons, controls on trans- bate over immigration reform, the debate over did not provide language assistance for Viet- fers, certification of the ultimate recipients, immigration policy is simply irrelevant to the namese citizens. This prompted the Depart- effective management of national stockpiles debate on ensuring that the fundamental right ment of Justice to intervene and, as a result, and destruction of illicit and government-de- to vote is exercised equally by English and voter turnout doubled and a local Viet- clared surplus weapons. non-English proficient citizens. According to namese citizen was elected to a local legisla- Mr. Annan said the conference was not tive position. contemplating a global ban on gun owner- the 2000 census, more than three-quarters (77 The implementation of language assist- ship. ‘‘Nor do we wish to deny law-abiding percent) of those protected by Section 203 are ance in New York City had enabled more citizens their right to bear arms in accord- native-born citizens. For example, 100 percent than 100,000 Asian-Americans not fluent in ance with their national laws,’’ he said. of Native Americans and Native Alaskans English to vote. In 2001, John Liu was elected He seemed to be referring to a campaign by were born in the United States; 98.6 percent to the New York City Council, becoming the the National Rifle Association, which has of Puerto Ricans protected by Section 4(e) first Asian-American elected to a major leg- charged in mass mailings that the United were born in the United States; and 84.2 per- islative position in the city with the nation’s Nations is plotting to take away Americans’ largest Asian-American population. guns through a treaty banning ownership. cent of Latinos were born in the United States. In July 2005, the U.S. Dept. of Justice field John R. Bolton, the United States ambas- Mr. Chairman, section 203 was enacted to a lawsuit against the City of Boston for vio- sador to the United Nations, confirmed that remedy the history of educational disparities, lations of the federal Voting Rights Act, spe- he had received hundreds of the form letters. which have led to high illiteracy rates and low cifically the language assistance provisions Asked why all three citizen delegates from voter turnout. These disparities continue to (Section 203) for Spanish language assistance

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.042 E17JYPT1 ycherry on PROD1PC64 with REMARKS E1430 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2006 and racial discrimination (Section 2) against need to prevent or limit inpatient hospital stays I’m proud to be associated with Mr. Barreto Asian American voters. The complaint al- for our Nation’s elderly, we believe this legisla- and where he has taken the SBA to serve leges that Boston abridged the rights of lan- tion is extremely timely. more small businesses than ever before in the guage minority groups by: Our bill is very simple in its approach. Cur- Treating limited English proficient His- history of the agency. I’m also proud to say panic and Asian American voters disrespect- rently, whatever coverage exists for home in- that Mr. Barreto and I have similar back- fully; fusion therapy is divided between part B and grounds, growing up in the family restaurant Refusing to permit limited English pro- part D. Part B coverage is based on the dura- business in the Midwest. ficient Hispanic and Asian American voters ble medical equipment benefit, because an to be assisted by an assistor of their choice; item of DME—the infusion pump—is some- It’s amazing to see what has happened dur- Improperly influencing, coercing, or ignor- times needed to administer home infusion ing the tenure of Mr. Barreto as Administrator ing the ballot choices of limited English pro- therapy. That coverage, however, is limited to of the SBA. Mr. Barreto was confirmed by the ficient Hispanic and Asian American voters; about 23 drugs. Part D, the outpatient pre- Senate and then sworn into office on July 25, Failing to make available bilingual per- 2001. Several weeks later, our Nation was hit sonnel to provide effectively assistance and scription drug benefit, covers more infusion drugs than part B, but does not cover the by the awful terrorist attacks on September information needed by minority language 11. More Americans were killed in 9/11 than at voters; and services, supplies and equipment necessary to Refusing or failing to provide provisional safely and appropriately administer these Pearl Harbor. Mr. Barreto was just getting ballots to limited English proficient His- therapies in the home. As a result, both part used to his new job responsibilities and this panic and Asian American voters. B and part D coverage of home infusion are terrible tragedy struck America. Administrator In San Diego County, California, voter reg- very limited. Under part B, Medicare bene- Barreto rose up to the challenge by extending istration among Hispanics and Filipinos rose ficiaries do not have access to many of the Economic Injury Disaster loans to small busi- by over 20 percent after the Department of most common infusion drugs covered by com- nesses all across America regardless of their Justice brought suit against the county to proximity to the locations of the actual terrorist enforce the language minority provisions of mercial health plans. Under part D, many Section 203. During that same period, Viet- beneficiaries have to pay for the infusion serv- attacks. The terrorists sought to devastate our namese registrations increased by 40 percent. ices, supplies, and equipment with out-of- economy by tearing down the World Trade Center and disrupting air travel but they did The Voting Rights Act of 1965, represents pocket funds. The clear result is that access to not count on the resiliency of the small busi- our country and this Congress at its best be- home infusion therapy, despite its potential for ness sector and the American people. More cause it matches our words to deeds, our ac- cost savings and good clinical outcomes, is than 10,000 small businesses across the Na- tions to our values. And, as is usually the needlessly limited. tion employing 166,000 workers were helped case, when America acts consistent with its Our bill would consolidate coverage for with over $1 billion in 9/11 SBA disaster loans. highest values, success follows. By eliminating home infusion therapy under part B, so that language assistance to American voters, the coverage would be centered in one benefit If that wasn’t enough, Mr. Barreto achieved King Amendment will make it more difficult for and coverage would be designed to appro- great results in other programs of the SBA. American citizens to participate in the political priately and accurately reflect what is involved Between 2000 and 2005, the SBA more than process simply because English is not their in the safe and effective provision of home in- doubled the number of loans made through its primary language. The King Amendment is fusion therapy. The Secretary of HHS would main business loan guarantee programs. The thus inconsistent with American values and apply quality standards that are consistent dollar volume also dramatically increased—in the spirit of the Voting Rights Act. Therefore, with prevailing community standard of care 7(a) by nearly 40 percent and in the 504 pro- I urge my colleagues to reject the amendment. commonly utilized by commercial health plans. gram by threefold. And after a series of pro- Both beneficiaries and the Medicare program f grammatic shut-downs and curtailments, I itself would reap the benefits of broader ac- joined with Mr. Barreto in making the historic MEDICARE HOME INFUSION THER- cess to these important medical treatments in decision in late 2004 to finally get the 7(a) pro- APY CONSOLIDATED COVERAGE the home. gram off the rollercoaster of the appropriations ACT OF 2006 I introduced a similar bill in 2001 that would process and have it funded entirely through have established a home infusion therapy user fees just like the 504 and the SBIC pro- HON. ELIOT L. ENGEL benefit under part B. Since then Congress en- gram. Now, the 7(a) program is going like acted the Medicare Modernization Act of 2003 OF NEW YORK gangbusters, serving record numbers ,of small which created the part D prescription drug IN THE HOUSE OF REPRESENTATIVES businesses throughout all demographic benefit. While I appreciate the efforts to broad- Monday, July 17, 2006 groups, as compared to when it was receiving en coverage of the drug portion of home infu- a loan subsidy. Mr. ENGEL. Mr. Speaker, I am delighted to sion therapy, the problems I have described There has also been a steady increase in join with my colleagues KAY GRANGER, TAMMY still persist because CMS believes it does not the number of individuals receiving technical BALDWIN, and RANDY KUHL in introducing the have the authority to cover anything beyond Medicare Home Infusion Therapy Consoli- the drugs. Thus, effective coverage of home assistance, education, and counseling through dated Coverage Act of 2006. This bill would infusion therapy has remained elusive. We the SBA and its resource partners. Also, as a correct long-standing gaps in Medicare cov- can fix this now. result of active engagement between the SBA erage for home infusion therapy, and will en- Along with my colleagues, I urge early con- and Federal agencies, Federal procurement able thousands of beneficiaries to obtain these sideration of this long-overdue bill. dollars going to small businesses are at an all- often life-saving therapies in the most conven- f time high. All this was accomplished while ient and cost-effective setting—their homes. transforming the SBA into an agency to meet THANK YOU, HECTOR BARRETO, the challenges of the 21st century. Change is Under current Medicare coverage rules, FOR A JOB WELL DONE beneficiaries who have severe infections, can- hard but Mr. Barreto made the courageous de- cer, or congestive heart disease and many cision to have the SBA operate more like the other diagnoses, are needlessly admitted into HON. DONALD A. MANZULLO private sector than a bureaucracy. Doing more hospitals or nursing homes to receive the care OF ILLINOIS with less should be praised. not condemned, IN THE HOUSE OF REPRESENTATIVES they need. This is most unfortunate, Mr. particularly in this tough budget environment. Speaker, because in many cases, infusion Monday, July 17, 2006 Then, Hurricanes Katrina, Rita. and Wilma therapy administered in the patient’s home is Mr. MANZULLO. Mr. Speaker, last Monday violently struck the gulf coast last year. It was clearly the preferred alternative. Commercial was the last day in office for Hector Barreto, as if a swath of complete devastation 100 health plans have long recognized the clinical the second-longest serving SBA Administrator miles wide ripped through our country from value and cost-effectiveness of home infusion in its 53-year history. Last week, there was a Boston to Chicago. Again. Administrator therapy, and full and proper coverage of home reception in honor of former Administrator Barreto and his team in the Office of Disaster infusion therapy is commonplace among these Barreto with a broad spectrum of the small Assistance came through despite enormous payers. Medicare stands virtually alone in its business community in Washington in attend- obstacles placed in their path, including not antiquated coverage policies that discourage ance. This reflected well upon Mr. Barreto and being able to really get to the areas of deep- the use of a therapy that in actuality should be his leadership style to bring people together of est destruction until well after a month after promoted for its cost savings, safety, clinical diverse interests and backgrounds. Hurricane Katrina ravaged New Orleans. The effectiveness, and convenience. At a time I don’t know how Mr. Barreto put up with SBA and Administrator Barreto in particular when there is a growing awareness of the being in Washington for these past 5 years. took many below-the-belt political potshots

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.045 E17JYPT1 ycherry on PROD1PC64 with REMARKS July 17, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1431 along the way. I know when a person’s integ- widespread discrimination in certain areas of only approximately 300 African-Americans in rity has been unfairly questioned, and I had to the country. Presented with a record of sys- public office, including just three in Congress. stand up to defend a decent and honorable tematic defiance by certain States and jurisdic- Few, if any, black elected officials were elect- man. I was proud to stand with Mr. Barreto tions that could not be overcome by litigation, ed anywhere in the South. Today there are last December in the press conference to put this Congress—led by President Lyndon John- more than 9,100 black elected officials, includ- some context and additional facts into a very son, from my own home state of Texas—took ing 43 members of Congress, the largest num- complicated situation. the steps necessary to stop it. It is instructive ber ever. The act has opened the political Just as a side note, it is very interesting to to recall the words of President Johnson when process for many of the approximately 6,000 me that the media is not reporting that the he proposed the Voting Rights Act to the Con- Latino public officials that have been elected SBA thus far has approved a record amount gress in 1965: and appointed nationwide, including 263 at the of over $10 billion in disaster loans to more Rarely are we met with a challenge . . . to state or federal level, 27 of whom serve in than 152,000 Gulf States residents, rep- the values and the purposes and the meaning Congress. Native Americans, Asians and oth- resenting an accomplishment 21⁄2 times great- of our beloved Nation. The issue of equal ers who have historically encountered harsh er than the Nation’s previous largest dis- rights for American Negroes is such as an barriers to full political participation also have aster—and all done at a faster pace. That is issue . . . the command of the Constitution benefited greatly. something to be proud of. is plain. It is wrong—deadly wrong—to deny I hail from the great State of Texas, the any of your fellow Americans the right to Mr. Speaker, I want to take this brief oppor- vote in this country. Lone Star State. A state that, sadly, had one tunity to once again thank Mr. Barreto for his of the most egregious records of voting dis- leadership; for his friendship; and for his serv- The Voting Rights Act of 1965 represents crimination against racial and language minori- ice to our country. Our Nation’s small business our country and this Congress at its best be- ties. Texas is one of the Voting Rights Act’s community is better for Mr. Barreto’s tenure as cause it matches our words to our deeds, our ‘‘covered jurisdictions.’’ In all of its history, I the second longest serving SBA Administrator actions to our values. Martin Luther King said am only one of three African-American woman in history. The new SBA Administrator, Steve that, ‘‘When the architects of our republic from Texas to serve in the Congress of the Preston, has some fairly big shoes to fill. wrote the magnificent words of the Constitu- United States, and one of only two to sit on Freda and I wish Hector Barreto and his tion and the Declaration of Independence, this famed Committee. I hold the seat once family all the best in his new endeavor as the they were signing a promissory note to which held by the late Barbara Jordan, who won her new national chairman of the Latino Coalition. every American was to fall heir. . . . It is obvi- seat thanks to the Voting Rights Act. From her I am confident that Mr. Barreto will never for- ous today that America has defaulted on this perch on this committee, Barbara Jordan once get his small business roots. promissory note insofar as her citizens of color said: are concerned. . . . But we refuse to believe f I believe hyperbole would not be fictional that the bank of justice is bankrupt.’’ and would not overstate the solemness that FANNIE LOU HAMER, ROSA Fortunately, this country has come a long I feel right now. My faith in the Constitution PARKS, AND CORETTA SCOTT way in the past four decades since the assas- is whole, it is complete, it is total. KING VOTING RIGHTS ACT REAU- sination of Dr. King. However, as the massive I sit here today an heir of the Civil Rights THORIZATION AND AMENDMENTS voting irregularities that occurred in 2000 and Movement, a beneficiary of the Voting Rights ACT OF 2006 2004 clearly illustrate, we have not come far Act. My faith in the Constitution and the Voting enough. That is why we must defeat the Rights Act too is whole, it is complete, it is SPEECH OF Gohmert Amendment which seeks to reduce total. I would be breaking faith with those who HON. SHEILA JACKSON-LEE the reauthorization period for the VRA from 25 risked all and gave all to secure for my gen- years to 10 years. OF TEXAS eration the right to vote if I did not do all I can The considerable evidence presented in 10 IN THE HOUSE OF REPRESENTATIVES to strengthen the Voting Rights Act so that it hearings in the Judiciary Committee dem- will forever keep open doors that shut out so Thursday, July 13, 2006 onstrate clearly that the level and patterns of many for so long. The House in Committee of the Whole discrimination and electoral disenfranchise- Consequently, we must honor the legacies House on the State of the Union had under ment present today are extremely unlikely to of those who sacrificed their lives so that we consideration the bill (H.R. 9) to amend the be eradicated in 10 years. Moreover, if cov- may be able to exercise our constitutionally Voting Rights Act of 1965: ered jurisdictions want to bail out of provisions protected right to vote by renewing the Voting Ms. JACKSON-LEE of Texas. Mr. Chair- of the VRA, they can. Rights Act for 25 more years. In the past, when Congress reauthorized the man, speaking of the Emancipation Proclama- f tion, Martin Luther King declared that: ‘‘This VRA for short periods of time, it created an in- momentous decree came as a great beacon centive for covered jurisdictions to wait out PAYING TRIBUTE TO KATHY light of hope to millions of Negro slaves who their obligations rather than comply, thus con- AUGUSTINE had been seared in the flames of withering in- tributing to the widespread non-compliance justice. It came as a joyous daybreak to end with the statute that occurred throughout the HON. JON C. PORTER the long night of captivity.’’ I say to you today 1970s. A 10 year renewal of the VRA would OF NEVADA that the Voting Rights Act, like the Emanci- be inadequate. In order for Congress to as- IN THE HOUSE OF REPRESENTATIVES pation Proclamation that preceded it a century sess whether a pattern of discriminatory con- before, was also a momentous decree which duct remains, it must be able to review voting Monday, July 17, 2006 came as a great beacon light of hope to mil- changes through multiple redistricting cycles. Mr. PORTER. Mr. Speaker, I rise today to lions of Americans who for decades had been The three years following the decennial Cen- honor the life of Kathy Augustine, a dedicated subjected to the withering injustice of racial sus are a time of the highest volume of voting Nevada leader, who passed away on Tues- discrimination and electoral disenfranchise- changes and the greatest opportunity for dis- day, July 11, 2006. ment. crimination. Accordingly, we must maintain the Kathy was a devoted and passionate public The Gohmert amendment seeks to diminish 25 year renewal period. servant, having served in the Nevada State the light of continued hope offered by the Furthermore, if we observe Congressional Assembly from 1993 to 1995, and also in the VRA. The Voting Rights Act of 1965 is no or- history, our own experience with the renewal State Senate from 1995 to 1999, where she dinary piece of legislation. For millions of of the VRA demonstrates a pattern of length- chaired the Legislative Affairs and Operations Americans and myself, the Voting Rights Act ening the period of coverage due to the level Committee and was Vice Chairman of Tax- of 1965 is a sacred treasure, earned by the of entrenchment and intractability of voting dis- ation and the Human Resources and Facilities sweat and toil and tears and blood of ordinary crimination. Given the extensive investment of Committees. In 1999, Kathy became the first yet heroic Americans who showed the world it Congressional resources expended by the Ju- woman to be elected as Nevada State Con- was possible to transform their society by hav- diciary Committee in compiling and consid- troller. To add to her impressive re´sume´, ing the courage to defy entrenched and sys- ering the detailed record necessary for reau- Kathy was also a Trustee for the Center for tematic racial discrimination and disenfran- thorization, reenacting the VRA for only 10 Governmental Financial Management, and the chisement. years is inefficient and unacceptable. National Association of State Auditors, Comp- The Voting Rights Act of 1965, as amended, Without exaggeration, the Voting Rights Act trollers, and Treasurers’ representative on the which we MUST vote to reauthorize today was has been one of the most effective civil rights Electronic Benefits and Services Council, enacted to remedy a history of systemic and laws passed by Congress. In 1964, there were where she served as Chair of the Strategic

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.049 E17JYPT1 ycherry on PROD1PC64 with REMARKS E1432 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2006 Expansion and Advanced Technology Com- debate and vote on this Democratic alter- Ms. JACKSON-LEE of Texas. Mr. Chair- mittee. native. man, I rise in strong opposition to the Nor- Kathy’s work on behalf of her constituents As a result, we are forced only to consider wood Amendment to H.R. 9, the ‘‘Fannie Lou earned her a number of honors throughout her this flawed and misleading Republican resolu- Hamer, Rosa Parks, and Coretta Scott King years of public service. She was a recipient of tion. Voting Rights Act Reauthorization and Amend- the American Legion Achievement Medallion, This resolution claims that the Terrorist Fi- ments Act of 2006.’’ The Norwood Amend- the Community Partners Family Resource nancial Tracking Program is legal, that it pro- ment replaces the existing Section 5 coverage Center 1998 Community Service Award of Ex- tects individual civil liberties, and that Con- formula with one keyed to whether a jurisdic- cellence, the 1998 National Republican Legis- gress has been appropriately informed about tion has a test or device or voter turnout of lators Association, Legislator of the Year, Ne- its activities. less than 50 percent in any of the three most vada Opera Theatre’s International Friendship The fact is that we do not know if the Ter- recent presidential elections. The proponents Award (2003), and the Augustus Society’s rorist Financial Tracking Program is legal or if of the amendment claim it is needed to pre- Italian American of the Year (2003). it protects our civil liberties because no court vent the Supreme Court from striking down In addition to her vast public service career, has ruled on these critical issues. In essence, the Voting Rights Act. Kathy also had an impressive array of aca- this resolution asks Members of Congress and Mr. Chairman, there are several compelling demic achievements. She earned a Bachelor’s the American people to simply accept their reasons for rejecting this amendment, which I Degree in Political Science from Occidental word on the legality and civil protections of will discuss. But let me respond, Mr. Chair- College in Los Angeles, and a Master’s in this program. man, to the claim that Georgia has suffered Public Administration from California State The resolution’s claim that Congress has enough and should be let out of the ‘‘penalty University, Long Beach. She served as a Del- been appropriately informed about the Ter- box.’’ I response is simple: the record amply egate to Russia and the Ukraine with the rorist Financial Tracking Program is simply not demonstrates that Georgia earned its way into American Council of Young Political Leaders true. In fact, few Members knew about this whatever ‘‘penalty box’’ it is in and it must (ACYPL) in 1993 and was selected as an Ex- program. Only after its existence was exposed earn its way out, as eleven local jurisdictions ecutive Committee Member to the Biennial As- to the public by the press did the Bush Admin- in Virginia already have. sembly of the Atlantic Association of Young istration offer to brief the appropriate members REASONS FOR REJECTING THE NORWOOD AMENDMENT: Political Leaders (AAYPL) in Paris, France in of Congress. As a result, this questionable Mr. Chairman, the claim that the Voting 1995. She participated in the Council of State program failed to receive critical Congres- Rights Act faces constitutional jeopardy from Governments Henry Toll Fellowship Program sional oversight. the Supreme Court if section 5 is not gutted is and was also selected for the Flemming Fel- The Republican philosophy of selective a red herring and is not to be taken seriously. lows Leadership Institute’s Class of 1996. In oversight is also exemplified by the fact that First, the Supreme Court has never ruled the 1999, she attended the Governors Center at this resolution fails to even mention one of the Voting Rights Acts or any of its provisions un- Duke University Strategic Leadership for State most egregious leaks in recent history—the constitutional and there is no reason to sus- Executives and, in 2000, graduated from the 2003 identity leak of a CIA agent by a mem- pect it will do so now. The claim that the intent Greater Reno-Sparks Chamber of Commerce ber of the Bush Administration. of the Norwood Amendment is to save and Leadership program. In 2001, she completed This Republican resolution instead attempts protect the Voting Rights Act is disingenuous. the Harvard University, John F. Kennedy to shield the administration and Republican It is akin to destroying the village in order to School of Government, Senior Executives in leadership from public scrutiny by shifting the save it! State and Local Government Program. blame for the leaks to the press and diverting Second, the Norwood Amendment would Mr. Speaker, I am saddened by the unex- attention from the fact that the majority party eviscerate the effectiveness of Section 5 by pected and sudden loss of such a young and has had no hearings, no briefings, and cer- extending its reach nationwide. It accom- ambitious woman. Kathy will be remembered tainly no resolutions highlighting this serious plishes this by basing the pre-clearance ‘‘trig- for her dedication to the State of Nevada, to issue. ger’’ on election turnout in the three most re- her family, and to her friends. She will be The lack of Congressional oversight on cent presidential elections. Extending the deeply missed. cases of leaked confidential information is an- reach of Section 5 nationwide will weaken it, f other example of the Republican pattern of not strengthen it in at least three ways. A ‘‘na- negligence. tionwide’’ Section 5 would also be vulnerable SUPPORTING INTELLIGENCE AND If the Republican leadership were truly sin- to constitutional attack as not ‘‘narrowly tai- LAW ENFORCEMENT PROGRAMS cere about addressing national security issues lored’’ or ‘‘congruent and proportional’’ to ad- TO TRACK TERRORISTS AND through this resolution, they would not have dress the harms it is designed to cure, as re- TERRORIST FINANCES brought it to the floor without review by the ap- quired by the Supreme Court’s recent prece- propriate Congressional Committees and with dents. Section 5 is directed at jurisdictions SPEECH OF a rule that blocks any consideration of a with a history of discriminating against minority HON. LUCILLE ROYBAL-ALLARD Democratic alternative. voters. Nationwide application of Section 5 OF CALIFORNIA Mr. Speaker, this Republican resolution is would be extremely difficult to administer, IN THE HOUSE OF REPRESENTATIVES deceitful, politically motivated, and an insult to given the volume of voting changes that would have to be reviewed. This expansion of cov- Thursday, June 29, 2006 the very American democracy that Repub- licans claim they want to protect. erage would dilute the Department of Justice’s Ms. ROYBAL-ALLARD. Mr. Speaker, I rise I urge my colleagues to vote against H.R. ability to appropriately focus their work on in opposition to H.R. 895. I strongly support 895 and to cosponsor the Democratic alter- those jurisdictions where there is a history of efforts to track and pursue suspected foreign native, H.R. 900. voting discrimination. terrorists by monitoring their financial trans- f The lack of understanding of the true pur- actions. This Republican resolution, however, pose and significance of the Voting Rights Act shamefully distorts the facts and turns the crit- FANNIE LOU HAMER, ROSA on the part of the supporters of the Norwood ical issue of national security into a venue for PARKS, AND CORETTA SCOTT Amendment is most revealed by the desire to Republican political gain. KING VOTING RIGHTS ACT REAU- extend the reach of Section 5 nationwide. The There is no doubt that our country must ef- THORIZATION AND AMENDMENTS proponents of the Norwood Amendment char- fectively and responsibly monitor the financial ACT OF 2006 acterize the pre-clearance provisions of Sec- transactions of terrorists. It is for that reason tion 5 as the ‘‘penalty box,’’ reserved for those I have cosponsored H.R. 900, the Democratic SPEECH OF jurisdictions that have ‘‘broken the rules.’’ alternative resolution. This resolution reaffirms HON. SHEILA JACKSON-LEE The right to vote is not a game; it is serious Democrats’ commitment to protecting our na- business, and for those who led the fight to OF TEXAS tional security by tracking suspected terrorists. secure that right for African-Americans, it was It also reaffirms that, when confidential infor- IN THE HOUSE OF REPRESENTATIVES deadly serious. Section 5 is not punitive; it mation is leaked, bipartisan Congressional re- Thursday, July 13, 2006 prohibits discriminatory changes affecting the view and oversight are critical—regardless of The House in Committee of the Whole right to vote. The Voting Rights Act has no who may be responsible for that leak. Unfortu- House on the State of the Union had under provisions that name particular states or nately, the Republican leadership has denied consideration the bill (H.R. 9) to amend the areas. Section 5 is aimed at a type of prob- the Members of this House the opportunity to Voting Rights Act of 1965: lem, not a state or region. It is designed to

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.051 E17JYPT1 ycherry on PROD1PC64 with REMARKS July 17, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1433 prevent backsliding by states whose discrimi- is for this Congress to end preclearance re- each to be a Member of the Reform natory literacy tests were outlawed by the quirements for where there is a continuing Board (Amtrak), John H. Hill, of Indi- original act in 1965. Section 4 banned literacy need for such oversight, as the Texas mid- ana, to be Administrator of the Federal Motor Carrier Safety Administration, tests in states where they were used to dis- decade redistricting case and the Georgia Andrew B. Steinberg, of Maryland, to criminate, but experience showed that when voter identification case make clear. be an Assistant Secretary of Transpor- one method of voting discrimination was I urge my colleagues to reject the amend- tation, routine lists in the Coast Guard blocked—either through court action or a new ment. and NOAA, and other pending calendar law—another method would suddenly appear business. as a replacement. Congress therefore in- f SR–253 cluded the Section 5 preclearance provision to Health, Education, Labor, and Pensions SENATE COMMITTEE MEETINGS prevent the implementation of new discrimina- Business meeting to consider proposed Title IV of Senate Resolution 4, Pandemic and All-Hazards Prepared- tory laws. The objections made since 1965 ness Act, S. 843, to amend the Public showed the covered jurisdictions have at- agreed to by the Senate on February 4, Health Service Act to combat autism tempted to use gerrymandering and other 1977, calls for establishment of a sys- through research, screening, interven- forms of discrimination to abridge the right to tem for a computerized schedule of all tion and education, and the nomina- vote. Section 5 has focused on these efforts. meetings and hearings of Senate com- tions of Elizabeth Dougherty, of the Mr. Chairman, utilizing recent presidential mittees, subcommittees, joint commit- District of Columbia, Peter W. Tredick, election turnout data to determine who should tees, and committees of conference. of California, and Harry R. Hoglander, be covered by Section 5 preclearance con- This title requires all such committees of Massachusetts, each to be a Member to notify the Office of the Senate Daily of the National Mediation Board. fuses the symptom with the disease. In 1965, SD–430 Congress used registration and turnout data to Digest—designated by the Rules Com- Homeland Security and Governmental Af- select which states should be subject to fed- mittee—of the time, place, and purpose fairs eral pre-approval of voting changes because of the meetings, when scheduled, and To hold hearings to examine Department that was the most efficient way to identify any cancellations or changes in the of Homeland Security purchase cards. those places with the longest and worst his- meetings as they occur. SD–342 tory of voter disfranchisement and entrenched As an additional procedure along Energy and Natural Resources with the computerization of this infor- Public Lands and Forests Subcommittee discrimination and blatant racism by recal- To hold an oversight hearing on the im- citrant jurisdictions. Congress understood that mation, the Office of the Senate Daily plementation of Public Law 108–148 The while a multitude of formulas could be con- Digest will prepare this information for Healthy Forests Restoration Act. jured to identify which governmental units printing in the Extensions of Remarks SD–366 would be subject to preclearance, there was section of the CONGRESSIONAL RECORD 11 a.m. and could be only one way for a covered juris- on Monday and Wednesday of each Commerce, Science, and Transportation diction to overcome the need to preclear its week. Technology, Innovation, and Competitive- election laws, and that is by satisfying an inde- Meetings scheduled for Tuesday, July ness Subcommittee To hold hearings to examine high per- pendent federal judiciary that it had renounced 18, 2006 may be found in the Daily Di- formance computing. its discriminatory past and could be trusted not gest of today’s RECORD. SR–253 to employ any artifice that would result in a re- MEETINGS SCHEDULED 2 p.m. turn to those days of shame. Judiciary Business meeting to consider pending Mr. Chairman, the coverage formula does JULY 19 not need to be changed to bring it to up to calendar business. 9 a.m. SD–226 date. The current formula correctly identifies Environment and Public Works jurisdictions that have the longest and worst 2:15 p.m. To hold hearings to examine the science Judiciary history of voter disenfranchisement and en- and risk assessment behind the Envi- To hold hearings to examine judicial trenched discrimination. Jurisdictions free of ronmental Protection Agency’s pro- nominations. discrimination for ten years can come out from posed revisions to the particulate mat- SD–226 under coverage. Those with continuing prob- ter air quality standards. 2:30 p.m. lems remain covered. And those where a SD–628 Foreign Relations court finds new constitutional violations can 9:30 a.m. To hold hearings to examine Extradition Judiciary become covered. If the existing coverage for- Treaty Between the United States of To hold hearings to examine antitrust America and the United Kingdom of mula were to be replaced with a formula that concerns relating to credit card inter- Great Britain and Northern Ireland, relies on 1996, 2000, and 2004 presidential change rates. and related exchanges of letters, signed election data, it would amount to a repeal of SD–226 at Washington on March 31, 2003 (Trea- Section 5, even though we know that voting 10 a.m. ty Doc. 108–23). discrimination continues in the currently cov- Banking, Housing, and Urban Affairs SD–419 ered jurisdictions. Business meeting to consider the nomi- Intelligence Last, the Norwood Amendment undermines nations of Frederic S. Mishkin, of New To receive a closed briefing regarding in- the constitutionality of a renewed Section 5. York, to be a Member of the Board of telligence matters. Governors of the Federal Reserve Sys- SH–219 The current coverage formula targets jurisdic- tem, Linda Mysliwy Conlin, of New tions where Congress found a record of perva- Jersey, to be First Vice President, JULY 20 sive discrimination in voting on the basis of James Lambright, of Missouri, to be 9:30 a.m. race. There is no evidence that the new trig- President, and J. Joseph Grandmaison, Armed Services gers relied upon in the Norwood Amendment of New Hampshire, to be a Member of To receive a closed briefing regarding will target such jurisdictions, and only those ju- the Board of Directors, all of the Ex- overhead imagery systems. risdictions, with a history of racial discrimina- port-Import Bank of the United States, S–407, Capitol tion when its comes to its citizens’ exercise of Geoffrey S. Bacino, of Illinois, to be a Foreign Relations Director of the Federal Housing Fi- the franchise: To hold hearings to examine U.S. policy nance Board, Edmund C. Moy, of Wis- options regarding North Korea. The Norwood Amendment is not likely to consin, to be Director of the Mint, De- SD–419 pass constitutional muster because it is not partment of the Treasury; to be fol- Judiciary narrowly tailored to achieve the Congressional lowed by a hearing to examine the Business meeting to consider pending objective of subjecting only those jurisdictions semiannual Monetary Policy Report to calendar business. with a history of voter discrimination and elec- Congress. SD–226 toral racism to the pre-clearance provisions of SD–106 10 a.m. Section 5. Commerce, Science, and Transportation Agriculture, Nutrition, and Forestry Business meeting to consider the nomi- To hold hearings to examine USDA dairy CONCLUSION nations of Mark V. Rosenker, of Mary- programs. The jurisdictions covered by section 5 of the land, to be Chairman of the National SR–328A Voting Rights Act earned their way in; they Transportation Safety Board, R. Energy and Natural Resources can earn their way out through the bailout pro- Hunter Biden, of Delaware, and Donna To hold hearings to examine the nomina- visions of the Act. What they have not earned R. McLean, of the District of Columbia, tions of John Ray Correll, of Indiana,

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.055 E17JYPT1 ycherry on PROD1PC64 with REMARKS E1434 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2006 to be Director of the Office of Surface 1:30 p.m. Columbia, and independent agencies for Mining Reclamation and Enforcement, Homeland Security and Governmental Af- the fiscal year ending September 30, and Mark Myers, of Alaska, to be Di- fairs 2007. rector of the United States Geological Federal Financial Management, Govern- SD–106 Survey, both of the Department of the ment Information, and International 2:30 p.m. Interior, and Drue Pearce, of Alaska, Security Subcommittee Intelligence to be Federal Coordinator for Alaska To hold hearings to examine Iran’s nu- To receive a closed briefing regarding in- Natural Gas Transportation Projects, clear impasse, focusing on the status of telligence matters. Federal Energy Regulatory Commis- Iran’s nuclear weapons capabilities, SH–219 sion. European negotiations and the UN Se- SD–366 curity Council, and the feasibility of Small Business and Entrepreneurship further negotiations, democracy pro- JULY 25 Business meeting to mark up an original motion, sanctions, and/or military op- 9:30 a.m. bill to reauthorize the Small Business erations. Armed Services Administration. SD–342 Airland Subcommittee SR–428A 2 p.m. To hold hearings to examine the F-22A Veterans’ Affairs Appropriations multiyear procurement proposal in re- To hold hearings to examine ‘‘VA Data Business meeting to mark up H.R. 5631, view of the Defense Authorization Re- Privacy Breach: Twenty-Six Million making appropriations for the Depart- quest for fiscal year 2007. People Deserve Assurance of Future ment of Defense for the fiscal year end- SR–222 Security’’. ing September 30, 2007, proposed legis- SR–418 lation making appropriations for the JULY 27 Aging Departments of Labor, Health and To hold hearings to examine the generic Human Services, and Education, and 10 a.m. drug maze relating to access to afford- Related Agencies for the fiscal year Veterans’ Affairs able, life saving drugs. ending September 30, 2007, H.R. 5385, To hold hearings to examine the nomina- SD–106 making appropriations for the military tions of Patrick W. Dunne, of New 11 a.m. quality of life functions of the Depart- York, to be Assistant Secretary of Vet- Homeland Security and Governmental Af- ment of Defense, military construc- erans Affairs for Policy and Planning, fairs tion, the Department of Veterans Af- and Thomas E. Harvey, of New York, to Federal Financial Management, Govern- fairs, and related agencies for the fiscal be Assistant Secretary of Veterans Af- ment Information, and International year ending September 30, 2007, and fairs for Congressional Affairs. Security Subcommittee H.R. 5576, making appropriations for SR–418 To receive a closed briefing regarding the Departments of Transportation, Iran. Treasury, and Housing and Urban De- S–407, Capitol velopment, the Judiciary, District of

VerDate Aug 31 2005 05:54 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\M17JY8.000 E17JYPT1 ycherry on PROD1PC64 with REMARKS Monday, July 17, 2006 Daily Digest Senate Homeland Security Appropriations: A unani- Chamber Action mous-consent agreement was reached providing that Routine Proceedings, pages S7567–S7651 notwithstanding the July 13, 2006 passage of H.R. Measures Introduced: Ten bills were introduced, as 5441, making appropriations for the Department of follows: S. 3668–3677. Page S7628 Homeland Security for the fiscal year ending Sep- tember 30, 2007, the following previously agreed to Measures Passed: amendments be further modified: Pages S7632–50 Commemorating Football Integration: Senate Gregg (for Pryor) Modified Amendment No. agreed to S. Res. 533, commemorating the 60th an- 4642, to increase funding for technical assistance. niversary of the permanent integration of professional Page S7650 football by 4 pioneering players. Page S7650 Gregg (for Lott) Modified Amendment No. 4570, Freedom to Display the American Flag Act: to require the Secretary of Homeland Security In- Committee on Banking, Housing, and Urban Affairs spector General to investigate the conduct of insurers was discharged from further consideration of H.R. in settling certain claims resulting from Hurricane 42, to ensure that the right of an individual to dis- Katrina. Page S7650 play the flag of the United States on residential Gregg (for Warner) Amendment No. 4578, to in- property not be abridged, clearing the measure for crease funding for the Office of National Capital Re- the President. Page S7650 gion Coordination. Page S7650 Stem Cell Research: Pursuant to the orders of June Messages From the House: Page S7626 29 and July 13, 2006, Senate began consideration of Measures Placed on Calendar: Pages S7626, S7650 H.R. 810, to amend the Public Health Service Act to provide for human embryonic stem cell research, Executive Communications: Pages S7626–28 S. 3504, to amend the Public Health Service Act to Additional Cosponsors: Pages S7628–29 prohibit the solicitation or acceptance of tissue from fetuses gestated for research purposes (which was dis- Statements on Introduced Bills/Resolutions: charged from the Committee on Health, Education, Pages S7629–32 Labor, and Pensions), and S. 2754, to derive human Additional Statements: Page S7626 pluripotent stem cell lines using techniques that do Authorities for Committees to Meet: Page S7632 not knowingly harm embryos (which was discharged from the Committee on Health, Education, Labor, Privileges of the Floor: Page S7632 and Pensions). Pages S7569–S7624 Adjournment: Senate convened at 12 noon, and ad- Pursuant to the order of July 13, 2006, Senate journed at 8:43 p.m., until 9:45 a.m., on Tuesday, will continue consideration of the bills at 10 a.m. on July 18, 2006. (For Senate’s program, see the re- Tuesday, July 18, 2006, and at 3:45 p.m. begin con- marks of the Majority Leader in today’s Record on secutive votes thereon. Page S7651 page S7651.) Secretary of the Interior Authorization Act Re- ferral: Committee on Environment and Public Works was discharged from further consideration of Committee Meetings H.R. 125, to authorize the Secretary of the Interior (Committees not listed did not meet) to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from ENERGY POLICY ACT the Santa Margarita River, California, and the bill was referred to the Committee on Energy and Nat- Committee on Energy and Natural Resources: Committee ural Resources. Page S7626 concluded a hearing to examine implementation of D782

VerDate Aug 31 2005 05:26 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY6.REC D17JYPT1 ycherry on PROD1PC64 with DIGEST July 17, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D783 the Energy Policy Act of 2005 provisions on hydro- NOMINATION gen and fuel cell research and development, after re- Committee on Foreign Relations: Committee concluded ceiving testimony from David Garman, Under Sec- a hearing to examine the nomination of Christina B. retary of Energy; Donald L. Paul, Chevron Corpora- Rocca, of Virginia, for the rank of Ambassador dur- tion, San Ramon, California; James D. Balcom, ing her tenure of service as U.S. Representative to PolyFuel, MountainView, California; J. Byron the Conference on Disarmament, after the nominee McCormick, General Motors Corporation, Detroit, Michigan; and Timothy D. Leuliette, Metaldyne testified and answered questions in her own behalf. Corporation, Plymouth, Michigan. h House of Representatives H. Con. Res. 145, expressing the sense of Con- Chamber Action gress in support of a national bike month and in ap- Public Bills and Resolutions Introduced: 13 pub- preciation of cyclists and others for promoting bicy- lic bills, H.R.5808–5821; and 4 resolutions, H. Res. cle safety and the benefits of cycling (H. Rept. 915–917, 919 were introduced. Page H5280 109–570, Pt. 1); Additional Cosponsors: Pages H5280–81 H.R. 3043, to authorize the Secretary of Housing and Urban Development to carry out a pilot pro- Reports Filed: A report was filed on Friday, July gram to insure zero-downpayment mortgages for 14th, as follows: one-unit residences, with an amendment (H. Rept. H.R. 4132, to amend title 18, United States 109–571); Code, to provide penalties for officers and employees H.R. 5527, to extend the authority of the Sec- of the Federal Bureau of Investigation who obtain retary of Housing and Urban Development to re- knowledge of criminal conduct within the jurisdic- structure mortgages and rental assistance for certain tion of State and local prosecutors and fail to so in- assisted multifamily housing, with an amendment form those prosecutors, with an amendment (H. (H. Rept. 109–572); Rept. 109–564). H. Res. 918, providing for consideration of H.J. Reports were filed today as follows: Res. 88, proposing an amendment to the Constitu- H.R. 5024, to require annual oral testimony be- tion of the United States relating to marriage (H. fore the Financial Services Committee of the Chair- Rept. 109–573); person or a designee of the Chairperson of the Secu- H.R. 5684, to implement the United States- rities and Exchange Commission, the Financial Ac- Oman Free Trade Agreement (H. Rept. 109–574); counting Standards Board, and the Public Company H.R. 5337, to ensure national security while pro- Accounting Oversight Board, relating to their efforts moting foreign investment and the creation and to promote transparency in financial reporting, with maintenance of jobs, to reform the process by which an amendment (H. Rept. 109–565); such investments are examined for any effect they H.R. 5068, to reauthorize the operations of the may have on national security, to establish the Com- Export-Import Bank, and to reform certain oper- mittee on Foreign Investment in the United States, ations of the Bank, with an amendment (H. Rept. and for other purposes, with an amendment; (H. 109–566); Rept. 109–523, Part II); H.R. 5018, to reauthorize the Magnuson-Stevens H.R. 1956, to regulate certain State taxation of Fishery Conservation and Management Act, with an interstate commerce, and for other purposes, with an amendment (H. Rept. 109–567); amendment (H. Rept. 109–575); and H.R. 2925, to amend the Reclamation States H.R. 5323, to require the Secretary of Homeland Emergency Drought Relief Act of 1991 to extend Security to provide for ceremonies on or near Inde- the authority for drought assistance, with an amend- pendence Day for administering oaths of allegiance ment (H. Rept. 109–568); to legal immigrants whose applications for natu- H.R. 5074, to amend the Railroad Retirement ralization have been approved (H. Rept. 109–576). Act of 1974 to provide for continued payment of Pages H5279–80 railroad retirement annuities by the Department of Recess: The House recessed at 12:31 p.m. and re- the Treasury (H. Rept. 109–569); convened at 2 p.m. Page H5225

VerDate Aug 31 2005 05:26 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY6.REC D17JYPT1 ycherry on PROD1PC64 with DIGEST D784 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 2006 Speaker: Read a letter from the Speaker wherein he of self-employment for purposes of the limitation on appointed Representative Boustany to act as Speaker State taxation of retirement income. Pages H5244–45 pro tempore for today. Page H5225 Recess: The House recessed at 3:38 p.m. and recon- Suspensions: The House agreed to suspend the rules vened at 6:30 p.m. Page H5245 and pass the following measures: Senate Message: Message received from the Senate Marine Mammal Protection Act Amendments of by the Clerk and subsequently presented to the 2005: H.R. 4075, amended, to amend the Marine House today appear on pages H5225 and H5266. Mammal Protection Act of 1972 to provide for bet- Senate Referrals: S. 3525 was referred to the Com- ter understanding and protection of marine mam- mittee on Ways and Means and S. Con. Res. 109 mals; Pages H5226–31 was held at the desk. Page H5277 Springfield Armory National Historic Site, Mas- Quorum Calls l Votes: Three yea-and-nay votes sachusetts Act of 2005: H.R. 4376, amended, to au- developed during the proceedings of today and ap- thorize the National Park Service to enter into a co- pear on pages H5245–46, H5246 and H5246–47. operative agreement with the Commonwealth of There were no quorum calls. Massachusetts on behalf of Springfield Technical Adjournment: The House met at 12:30 p.m. and Community College; Pages H5231–32 adjourned at 12 midnight. Amending the National Trails System Act to update the feasibility and suitability study origi- MARRIAGE PROTECTION AMENDMENT nally prepared for the Trail of Tears National Committee on Rules: Granted, by voice vote, a closed Historic Trail and provide for the inclusion of new rule on H.J. Res. 88, proposing an amendment to trail segments, land components, and campgrounds the Constitution of the United States relating to associated with that trail: H.R. 3085, amended, to marriage, providing 1 hour and 30 minutes of de- amend the National Trails System Act to update the bate in the House equally divided and controlled by feasibility and suitability study originally prepared the Majority Leader and the Minority Leader or their for the Trail of Tears National Historic Trail and designees. The rule waives all points of order against provide for the inclusion of new trail segments, land consideration of the joint resolution, notwith- components, and campgrounds associated with that standing the operation of the previous question, the trail, by a (2/3) yea-and-nay vote of 356 yeas to 5 Chair may postpone further consideration of the nays, Roll No. 375; Pages H5232–34, H5245–46 joint resolution to a time designated by the Speaker. National Capital Transportation Amendments Testimony was heard from Representative Conyers Act of 2005: H.R. 3496, amended, to amend the and Frank of Massachusetts. National Capital Transportation Act of 1969 to au- f thorize additional Federal contributions for maintain- COMMITTEE MEETINGS FOR TUESDAY, ing and improving the transit system of the Wash- JULY 18, 2006 ington Metropolitan Area Transit Authority, by a (2/ 3) yea-and-nay vote of 242 yeas to 120 nays, Roll (Committee meetings are open unless otherwise indicated) No. 376; Pages H5234–40, H5246 Senate Federal Judiciary Emergency Tolling Act of Committee on Appropriations: Subcommittee on Military 2005: H.R. 3729, amended, to provide emergency Construction and Veterans’ Affairs and Related Agencies, authority to delay or toll judicial proceedings in business meeting to mark up H.R. 5385, making appro- United States district and circuit courts, by a (2/3) priations for the military quality of life functions of the yea-and-nay vote of 363 yeas with none voting Department of Defense, military construction, the De- ‘‘nay’’, Roll No. 377; Pages H5240–42, H5246–47 partment of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2007, 11:15 a.m., Volunteer Pilot Organization Protection Act of SD–124. 2006: H.R. 1871, amended, to provide liability pro- Subcommittee on Defense, business meeting to mark tection to nonprofit volunteer pilot organizations fly- up H.R. 5631, making appropriations for the Depart- ing for public benefit and to the pilots and staff of ment of Defense for the fiscal year ending September 30, such organizations; and Pages H5242–44 2007, 2 p.m., SD–192. Subcommittee on Transportation, Treasury, the Judici- Amending title 4 of the United States Code to ary, and Housing and Urban Development, and Related clarify the treatment of self-employment for pur- Agencies, business meeting to mark up H.R. 5576, mak- poses of the limitation on State taxation of retire- ing appropriations for the Departments of Transportation, ment income: H.R. 4019, amended, to amend title Treasury, and Housing and Urban Development, the Ju- 4 of the United States Code to clarify the treatment diciary, District of Columbia, and independent agencies

VerDate Aug 31 2005 05:26 Jul 18, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY6.REC D17JYPT1 ycherry on PROD1PC64 with DIGEST July 17, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D785 for the fiscal year ending September 30, 2007, 4 p.m., House SD–124. Committee on Energy and Commerce, Subcommittee on Subcommittee on Labor, Health and Human Services, Commerce, Trade and Consumer Protection, hearing enti- Education, and Related Agencies, business meeting to tled ‘‘Motor Vehicle Technology and the Consumer: mark up an original bill, making appropriations for the Views From the National Highway Traffic Safety Admin- Departments of Labor, Health and Human Services, and istration,’’ 2 p.m., 2322 Rayburn. Education, and related agencies for the fiscal year ending Subcommittee on Health, hearing entitled ‘‘Use of Im- September 30, 2007, 5 p.m., SD–138. aging Services: Providing Appropriate Care for Medicare Committee on Armed Services: to hold hearings to examine Beneficiaries,’’ 10 a.m., 2123 Rayburn. the nominations of Charles E. McQueary, of North Caro- Committee on Financial Services, Subcommittee on Finan- lina, to be Director of Operational Test and Evaluation, cial Institutions and Consumer Credit, hearing on Department of Defense, Anita K. Blair, of Virginia, to be ICANN and the Whois Database: ‘‘Providing Access To Assistant Secretary of the Air Force for Manpower and Protect Consumers From Phishing,’’ 10 a.m., 2128 Ray- Reserve Affairs, Benedict S. Cohen, of the District of Co- burn. lumbia, to be General Counsel of the Department of the Committee on Government Reform, Subcommittee on Fed- Army, Frank R. Jimenez, of Florida, to be General Coun- eralism and the Census, hearing entitled ‘‘Public Housing sel of the Department of the Navy, David H. Laufman, in the 21st Century: HUD’s View on the Future of Pub- of Texas, to be Inspector General, Department of Defense, lic Housing in the United States,’’ 10 a.m., 2154 Ray- Sue C. Payton, of Virginia, to be Assistant Secretary of burn. the Air Force for Acquisition, William H. Tobey, of Con- Subcommittee on Federal Workforce and Agency Orga- necticut, to be Deputy Administrator for Defense Nuclear nization, hearing entitled ‘‘Telecommuting: A 21st Cen- Nonproliferation, National Nuclear Security Administra- tury Solution to Traffic Jams and Terrorism,’’ 2 p.m., tion, and Robert L. Wilkie, of North Carolina, to be As- 2247 Rayburn. sistant Secretary of Defense for Legislative Affairs, 9:30 Subcommittee on National Security, Emerging Threats, a.m., SD–106. and International Relations, hearing entitled ‘‘Global War Committee on Banking, Housing, and Urban Affairs: to on Terrorism (GWT): Accuracy and Reliability of Cost hold hearings to examine perspectives on insurance regu- Estimates,’’ 2 p.m., 2154 Rayburn. lation, 2 p.m., SD–538. Subcommittee on Regulatory Affairs, hearing entitled Committee on Energy and Natural Resources: to hold hear- ‘‘Another Year, Another Billion Hours: Evaluating Paper- work Reduction Efforts in the Federal Government,’’ 2 ings to examine United States and India energy coopera- p.m., 2203 Rayburn. tion in the context of global energy demand, the emerg- Committee on Homeland Security, Subcommittee on Intel- ing energy needs of India, and the role of nuclear power ligence, Information Sharing and Terrorism Risk Assess- can play in meeting those needs, 10 a.m., SD–366. ment, executive, briefing on the DHS State and Local Fu- Committee on Foreign Relations: to hold hearings to exam- sion Center Initiative, 4 p.m., 311 Cannon. ine Islam and the West, focusing on the search for com- Committee on the Judiciary, Subcommittee on Immigra- mon ground, 10 a.m., SD–419. tion, Border Security, and Claims, hearing entitled Committee on Homeland Security and Governmental Affairs: ‘‘Should We Embrace the Senate’s Amnesty to Millions Subcommittee on Oversight of Government Management, of Illegal Aliens and Repeat the Mistakes of the Immigra- the Federal Workforce, and the District of Columbia, to tion Reform and Control Act of 1986?’’ 10 a.m., 2141 hold an oversight hearing to examine District of Colum- Rayburn. bia government operations, focusing on successes and Committee on Rules, to consider H.R. 2389, Pledge Pro- challenges the District has experienced during the two tection Act of 2005, 3 p.m., H–313 Capitol. terms of Mayor Williams, including the anticipated chal- Committee on Science, Subcommittee on Space and Aero- lenges that the new mayor will face, 10 a.m., SD–342. nautics, hearing on The National Academy of Sciences’ Subcommittee on Federal Financial Management, Gov- Decadal Plan for Aeronautics: A Blueprint for NASA? 2 ernment Information, and International Security, to hold p.m., 2318 Rayburn. hearings to examine S. 2590, to require full disclosure of Committee on Veterans’ Affairs, hearing on the Veterans all entities and organizations receiving Federal funds, Identity and Credit Protection Act of 2006, 10:30 a.m., 2:30 p.m., SD–342. 334 Cannon. Committee on the Judiciary: to hold oversight hearings to Committee on Ways and Means, Subcommittee on Health, examine the Department of Justice, 9:30 a.m., SH–216. hearing on Price Transparency, 10 a.m., 1100 Longworth. Select Committee on Intelligence: to receive a closed brief- Permanent Select Committee on Intelligence, executive, hear- ing regarding intelligence matters, 2:30 p.m., SH–219. ing on The CIA Director as HUMINT Manager, 9:30 a.m., H–405 Capitol.

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Next Meeting of the SENATE Act of 1996 should remain a priority; (2) S. 2754—Alternative 9:45 a.m., Tuesday, July 18 Pluripotent Stem Cell Therapies Enhancement Act; (3) S. 3504—Fetus Farming Prohibition Act of 2006; (4) H. Res. Senate Chamber 498—Supporting the goals and ideals of School Bus Safety Week; (5) H.R. 4962—Captain George A. Wood Post Office Program for Tuesday: After the transaction of any morning Building Designation Act; (6) H. Res. 721—Supporting the business (not to extend beyond 10 a.m.), Senate will continue goals and ideals of a Salvadoran-American Day (El Dia del consideration of S. 3504, S. 2754, and H.R. 810, all Stem Cell Salvadoreno) in recognition of all Salvadoran-Americans for Research legislation, with consecutive votes on final passage of their hard work, dedication, and contribution to the stability each bill to begin at 3:45 p.m. Also, Senate will begin consid- and well-being of the United States; (7) H. Res. 908—Con- eration of S. 728, Water Resources Development Act, with 2 gratulating Italy on winning the 2006 Federation Inter- hours for general debate. nationale de Football Association (FIFA) World Cup; (8) H. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- Res. 905—Congratulating Kazakhstan on the 15th anniversary spective party conferences.) of the closure of the world‘s second largest nuclear test site in the Semipalatinsk region of Kazakhstan and for its efforts on the nonproliferation of weapons of mass destruction; (9) H. Next Meeting of the HOUSE OF REPRESENTATIVES Res. 784—Commending and supporting Radio Al Mahaba, 9 a.m., Tuesday, July 18 Iraq‘s first and only radio station for women; (10) H.R. 860— To provide for the conveyance of the reversionary interest of the United States in certain lands to the Clint Independent School House Chamber District, El Paso County, Texas; and (11) H. Con. Res. 435— Program for Tuesday: Consideration of suspensions as follows: Congratulating Israel’s Magen David Adom Society for achiev- (1) H. Con. Res. 438—Expressing the sense of the Congress ing full membership in the International Red Cross and Red that continuation of the welfare reforms provided for in the Crescent Movement. Consideration of H.J. Res. 88—Marriage Personal Responsibility and Work Opportunity Reconciliation Protection Amendment (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Frank, Barney, Mass., E1424 Maloney, Carolyn B., N.Y., E1419 Gonzalez, Charles A., Tex., E1423 Manzullo, Donald A., Ill., E1430 Barton, Joe, Tex., E1427 Graves, Sam, Mo., E1420 Norton, Eleanor Holmes, D.C., E1419 Blackburn, Marsha, Tenn., E1420, E1423 Green, Al, Tex., E1418 Porter, Jon C., Nev., E1427, E1431 Bordallo, Madeleine Z., Guam, E1419 Hart, Melissa A., Pa., E1419 Rangel, Charles B., N.Y., E1428 Brown-Waite, Ginny, Fla., E1424 Jackson-Lee, Sheila, Tex., E1425, E1428, E1429, E1431, Roybal-Allard, Lucille, Calif., E1432 Burton, Dan, Ind., E1420 E1432 Schiff, Adam B., Calif., E1422 Cardin, Benjamin L., Md., E1427, E1428 Kucinich, Dennis J., Ohio, E1417, E1419, E1420, E1421 Sensenbrenner, F. James, Jr., Wisc., E1420 Conaway, K. Michael, Tex., E1418 Lee, Barbara, Calif., E1422 Stark, Fortney Pete, Calif., E1422 Engel, Eliot L., N.Y., E1417, E1430 McKeon, Howard P., ‘‘Buck’’, Calif., E1424 Thompson, Mike, Calif., E1417, E1423

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