Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

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

Vol. 153 WASHINGTON, THURSDAY, JULY 26, 2007 No. 121 House of Representatives The House met at 10 a.m. and was The question was taken; and the S. 1877. An act to amend title 4, United called to order by the Speaker pro tem- Speaker pro tempore announced that States Code, to prescribe that members of pore (Mr. WELCH of Vermont). the ayes appeared to have it. the Armed Forces and veterans out of uniform may render the military salute during f Mr. SESSIONS. Mr. Speaker, I object to the vote on the ground that a hoisting, lowering, or passing of flag. DESIGNATION OF THE SPEAKER quorum is not present and make the f PRO TEMPORE point of order that a quorum is not ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore laid be- present. PRO TEMPORE fore the House the following commu- The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. The nication from the Speaker: ant to clause 8, rule XX, further pro- Chair will entertain up to 10 1-minute HOUSE OF REPRESENTATIVES, ceedings on this question will be post- speeches on each side of the aisle. Washington, DC, July 26, 2007. poned. I hereby appoint the Honorable PETER The point of no quorum is considered f WELCH to act as Speaker pro tempore on this withdrawn. THE FARM BILL AND REFORMING day. CROP INSURANCE NANCY PELOSI, f Speaker, House of Representatives. PLEDGE OF ALLEGIANCE (Mr. COOPER asked and was given permission to address the House for 1 f The SPEAKER pro tempore. Will the minute and to revise and extend his re- gentleman from South Carolina (Mr. PRAYER marks.) The Chaplain, the Reverend Daniel P. BARRETT) come forward and lead the Mr. COOPER. Mr. Speaker, the one Coughlin, offered the following prayer: House in the Pledge of Allegiance. thing that we should all be able to Mr. BARRETT of South Carolina led Lord God, Your law and Your proph- agree on in this House regarding the the Pledge of Allegiance as follows: ets lead Your people to You. To follow upcoming farm bill is the need to re- them and discover enlightened truth I pledge allegiance to the Flag of the form crop insurance. The folks back only about the present age is to end up United States of America, and to the Repub- lic for which it stands, one nation under God, home are demanding that we cut Fed- in a blind alley. eral spending, and this is not only a May all lawmakers this day know indivisible, with liberty and justice for all. f great way to do it, it is probably the Your presence and seek Your guidance, best way to do it. that they may lead to true justice and MESSAGE FROM THE SENATE There are only 16 crop insurance lasting peace. Otherwise, Your people A message from the Senate by Ms. companies in America, but, sadly, each are left to flounder. Curtis, one of its clerks, announced one is addicted to corporate welfare Without You we are left with nothing that the Senate has passed without from Washington. Reforming these and accomplish only a mayhem of ac- amendment a concurrent resolution of companies can save at least $2 billion a tion without focus or direction. year without hurting a single farmer. You are the way, the truth, and life, the House of the following title: now and forever. Amen. H. Con. Res. 190. Concurrent resolution au- Let’s stop these middlemen from tak- thorizing printing of the brochure entitled ing 40 cents out of every dollar the tax- f ‘‘How Our Laws Are Made’’, the document- payers offer to help the American THE JOURNAL sized, annotated version of the United States farmer. Constitution, and the pocket version of the The Cooper-Waxman-McGovern The SPEAKER pro tempore. The United States Constitution. Chair has examined the Journal of the amendment unites this House, from The message also announced that the last day’s proceedings and announces conservative Blue Dogs to progressive Senate has passed bills of the following to the House his approval thereof. Members. It is a bipartisan approach. Pursuant to clause 1, rule I, the Jour- titles in which the concurrence of the We simply adopt the reform proposals nal stands approved. House is requested: of the Bush administration. That is all Mr. SESSIONS. Mr. Speaker, pursu- S. 1642. An act to extend the authorization we do. These are not radical ideas; ant to clause 1, rule I, I demand a vote of programs under the Higher Education Act these are USDA approved. But these of 1965, and for other purposes. on agreeing to the Speaker’s approval S. 1716. An act to amend the U.S. Troop ideas will save over $2 billion a year. It of the Journal. Readiness, Veterans’ Care, Katrina Recov- won’t kill the industry; it will just The SPEAKER pro tempore. The ery, and Iraq Accountability Appropriations trim back the massive subsidy flows. question is on the Speaker’s approval Act, 2007, to strike a requirement relating to Farm bill supporters should also en- of the Journal. forage producers. dorse these because they reduce the

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 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8622 CONGRESSIONAL RECORD — HOUSE July 26, 2007 need for new revenue, and the Agri- Mr. WILSON of South Carolina. Mr. We all want to reform our farm policies culture Committee itself recognizes Speaker, some Members of Congress in the ‘‘next’’ farm bill. That is why the need for reform. They just want to are proposing legislation that would the bill that is coming forward from do it in the next farm bill. attempt to develop a new military the Agriculture Committee couldn’t f strategy for our troops in Iraq. This find any way to reform the crop insur- meddling by politicians ties the hands ance program. Luckily, it looks as THE GLOBAL WAR ON TERROR of our capable military. We should though the Rules Committee will make (Mr. DAVID DAVIS of Tennessee trust in the leadership of GEN David in order a rule that will force that asked and was given permission to ad- Petraeus and not second-guess his ef- upon the committee, saving up to 40 dress the House for 1 minute.) forts to protect American families. cents on the dollar. Mr. DAVID DAVIS of Tennessee. Mr. Senator JOE LIEBERMAN, former There are no meaningful limitations Speaker, being from Tennessee, the Democratic Vice Presidential can- on extraordinarily wealthy farmers. Volunteer State, I volunteered to visit didate, recently said, ‘‘The fanatics They talk about reform, but the limi- the men and women in uniform in Iraq . . . who exhort the tens of thousands tation raises only $46 million a year this past weekend. I wasn’t dis- to shout ‘Death to America’ ... don’t from 3,175 farmers. And if the farmer appointed. Our troops are well trained, distinguish between Republicans and can’t get their adjusted gross income well motivated, and successful. Democrats . . . and we should have the under $1 million, they ought to get a During my visit to Iraq, I visited common sense, let alone the sense of new CPA. Ramadi, which until just a few months responsibility to our country, to come I strongly urge my colleagues to just ago was a killing field overrun by al together to defend our Nation against read some of the news accounts like Qaeda. For the past 4 years, the people those who want to destroy us.’’ this morning’s Washington Post that of Ramadi were caught in a decision- Failing to secure Iraq will provide a talks about what is in this bill. And if making battle of which group, us or fertile ground for terrorist safe havens, you do, I think you will join with us in the extremists, offered them the best threatening America and our allies. supporting the Kind-Flake amendment. chance for a normal and free existence. Osama bin Laden and Zawahiri have f The insurgent extremists chose to both stated that Iraq is a central front URGING SUPPORT FOR THE win the local people over with the use in the global war on terror. We must STEARNS-BLACKBURN AMEND- of force, force against our American stop the terrorists overseas and not MENT troops and against any local who did face them again in the streets of Amer- (Mrs. BLACKBURN asked and was not support their radical agenda. Our ica. given permission to address the House troops, on the other hand, have reached In conclusion, God bless our troops, for 1 minute and to revise and extend out with friendship and support. and we will never forget September the 11th. her remarks.) The local people, seeing the dif- Mrs. BLACKBURN. Mr. Speaker, I ference, have chosen to have their lives f rise to address the concerns of many of return to normal and live in freedom. AL QAEDA our small businesses in the Seventh Ramadi has gone from a city of death (Mr. BARRETT of South Carolina District of Tennessee. The ongoing de- and destruction to one of rebuilding bate over illegal immigration has and hope. I was able to see it firsthand. asked and was given permission to address the House for 1 minute.) brought many issues to light. While The cost to the American family is this issue is trudging its way through just too great to allow any other out- Mr. BARRETT of South Carolina. Mr. Speaker, last week the National Congress, small businesses are stuck come than success in the global war on trying to figure out how to confront terror. We must win this war to protect Intelligence Estimate report stated that al Qaeda is the most serious the problems of illegal immigration our American way of life, now and into that are created at the local level. the future. threat to the U.S. homeland. On Tuesday President Bush flew to For instance, these businesses should f my home State of South Carolina to have the right to refuse to hire or fire a person who cannot speak English. An A QUOTE FROM DWIGHT D. speak to troops in Charleston. In his employer who signs the paycheck and EISENHOWER speech he reminded the Nation of the threat that al Qaeda poses to our Na- pays payroll taxes, and their cus- (Mr. MCDERMOTT asked and was tion and the stability of Iraq. The tomers, should be able to communicate given permission to address the House threat is real. with an employee. But under current for 1 minute and to revise and extend I would like to share with you a law that small businessman can be his remarks.) Fourth of July blog entry from Lieu- sued by the Federal Government for re- Mr. MCDERMOTT. Mr. Speaker, a tenant Colonel Clarence Bowser, who is fusing to hire or in some cases firing a man from Kansas said, ‘‘Every gun that currently serving with the South Caro- person who cannot communicate in is made, every warship launched, every lina National Guard in Kandahar, Af- English. As ridiculous as this sounds, it rocket fired signifies, in the final ghanistan: is true. sense, a theft from those who hunger ‘‘I am so proud of my service here That is why today I will offer a com- and are not fed, those who are cold and and to this Nation. I don’t know the monsense amendment to the Com- are not clothed. This world in arms is politics; I’ll leave that to the politi- merce-Justice-State approps bill that not spending money alone. It is spend- cians. But it is my prayer for their will close the ridiculous loophole and ing the sweat of its laborers, the genius leadership and that we as a Nation do offer some protection to the businesses of its scientists, and the hopes of its the right thing for this country and that drive our economy and employ our children. This is not a way of life at all Iraq.’’ citizens. in any true sense. Under the clouds of Mr. Speaker, my hope and my prayer I urge all of my colleagues to join war, it is humanity hanging on a cross is that we as politicians have the cour- this effort to protect our mom-and-pop of iron.’’ Dwight David Eisenhower, age to do the same: win this fight. businesses, not because it is a hard line April 16, 1953. against illegal immigration, but be- f I ask that the rest of my time be in cause it is the right thing to do. silence for those who have died in Iraq, THE FARM BILL: URGING SUP- f Americans and Iraqis. PORT FOR THE KIND-FLAKE AMENDMENT b 1015 f (Mr. BLUMENAUER asked and was LET’S NOT ALLOW GENOCIDE TO AL QAEDA IN IRAQ given permission to address the House CONTINUE (Mr. WILSON of South Carolina for 1 minute.) (Mr. MORAN of Virginia asked and asked and was given permission to ad- Mr. BLUMENAUER. Mr. Speaker, was given permission to address the dress the House for 1 minute and to re- there is a bipartisan instinct in Con- House for 1 minute and to revise and vise and extend his remarks.) gress that has been evident for years. extend his remarks.)

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8623 Mr. MORAN of Virginia. Mr. Speak- Mr. COHEN. Mr. Speaker, last night, While much has been done since then er, the words ‘‘never again’’ ring hol- this House had a proposal before it to to push pressure on Khartoum, the low today. It was exactly 3 years ago prohibit the DEA from enforcing Fed- genocide still rages. Our young people that we declared that what was hap- eral laws on medical marijuana pa- and the faith community have tire- pening in Darfur was genocide, and yet tients in the 12 States where the public lessly reminded us of this. we have basically stood on the side- has legalized medical marijuana. Un- I was in Darfur earlier this year for lines for these last 3 years. Lots of fortunately, it failed. the third time, and let me tell you, it words, but no meaningful action. I voted for the proposal. Why did I is getting worse. We passed a number What we said was that we would deny vote for the proposal? Yes, I’m compas- of bills in Congress imposing sanctions the Government of Sudan access to oil sionate about people who have multiple urging our allies like China and the revenues and extend American business sclerosis and AIDS and cancer who can League of Arab States to get involved, sanctions on Sudan. But we haven’t benefit, Parkinson’s disease and glau- but we must do more. done either in any meaningful way. coma who can benefit from medical Today, with the help of our good Hundreds of thousands of people, inno- marijuana. Yes, I voted for it because I friend and great leader, Chairman BAR- cent people, killed; millions made believe in States’ rights and I believe NEY FRANK, the Financial Services homeless while we have sat on our in Justice Brandeis and the labora- Committee Chair, we will take another hands. tories of democracy and to see how step toward marking up my bill, H.R. Oil accounts for 70 percent of Sudan’s things work in other States and be able 180, the Darfur Accountability and Di- total exports. And do you know that 70 to adjust and see how they should work vestment Act, which authorizes States percent of Sudan’s oil profits fund their in other States, but also because I be- to divest from Sudan and bans new military? And China buys much of lieve the DEA shouldn’t be busting Federal contracts with companies their oil. medical marijuana houses and stores in doing business with the genocidal re- In fact, China is Sudan’s largest trad- Los Angeles. They should be working gime in Khartoum. We must keep the ing partner. We could have enormous in my community to eliminate and pressure on President Bashir and insist leverage over China if we chose to use eradicate methamphetamine, crack on unfettered access for the United Na- it, but we choose not to. So when the and other drugs that are ravaging my tions and African Union, and we must Chinese Premier goes over to Sudan, community and causing a crime prob- save Darfur. instead of telling him this is wrong, he lem in Memphis, Tennessee, and f offers to build more palaces for Presi- throughout this country. PRESIDENT BUSH, PARDON dent Bashir. Let’s get serious. Let’s not The DEA has not been effective at COMPEAN AND RAMOS allow genocide to continue in the 21st controlling the war on drugs. We need (Mr. SAM JOHNSON of Texas asked century. to win it. I would like that to happen. and was given permission to address f f the House for 1 minute and to revise NEW TEXAS SHERIFF IN TOWN IN SUPPORT OF H.R. 3026, THE and extend his remarks.) Mr. SAM JOHNSON of Texas. Mr. (Mr. POE asked and was given per- MILITARY SPOUSES MEMORIAL ACT Speaker, I rise in support of border mission to address the House for 1 agents Ramos and Compean, and I be- minute.) (Mrs. DRAKE asked and was given lieve we should know why U.S. Attor- Mr. POE. Mr. Speaker, in Bastrop permission to address the House for 1 ney Johnny Sutton has thumbed his County, Texas, there is a new sheriff in minute.) nose at a House panel and refuses to town. Over a dozen candidates were Mrs. DRAKE. Mr. Speaker, I come testify on why he protected a Mexican interviewed, and at the end, the last today to honor those who have sac- drug smuggler over our own border man standing was a woman. Becoming rificed so much in the defense of the agents. the third female sheriff in Texas, freedoms we Americans often take for Johnny Sutton gave a confirmed Rosanna Abreo became the first female granted. drug runner free access to cross our sheriff in county history. We are all appreciative of the heroic border on condition he would not Rosanna is anything but an ordinary sacrifices made by our men and women smuggle drugs again, but he has. John- candidate. She has 17 years of experi- in uniform. However, there was little ny Sutton found out the witness was ence in Texas law enforcement. recognition given to the military running drugs, but still let him testify Throughout her law enforcement ca- spouses who provide the backbone of as an innocent victim. By allowing the reer, she served at the Lubbock Police our armed services. drug runner to testify, Johnny Sutton Department in west Texas and the Recently, I introduced H.R. 3026, the let a known liar testify against our Texas Department of Public Safety, Military Spouses Memorial Act of 2007, own border agents. Johnny Sutton where she served as a State trooper, a which provides the authority to estab- must testify under oath why he did special crimes investigator, and a lish in our Nation’s Capitol a memorial this. member of the DPS SWAT team, rising commemorating the selfless sacrifice In view of this new evidence, Presi- to the rank of lieutenant. of military spouses from 1776 to the dent Bush should pardon Compean and This Texas lawwoman is education- present day. This memorial will honor Ramos today. They did not get a fair ally accomplished as well, achieving a the husbands and wives that tend to trial, and the punishment did not fit bachelor’s degree, a master’s degree the home front and lend our the crime. This case is a travesty to and now a law degree, having passed servicemembers the support they need our justice system. Fix it, Mr. Presi- the bar exam last May. Criminals and as they serve in the defense of freedom. dent. outlaws should be aware of this new I encourage all my colleagues to lend f Texas sheriff that is the enforcer of the their support to H.R. 3026 and ensure law in her county. that the sacrifices of our military COMMEMORATING THIRD ANNI- Today, I congratulate Sheriff Abreo spouses are recognized. VERSARY OF CONGRESSIONAL DECLARATION OF GENOCIDE IN on her sound dedication to public safe- f ty, making her a role model for all DARFUR WE MUST SAVE DARFUR peace officers in our State. Texas is (Mr. CAPUANO asked and was given proud of its new Lone Star sheriff. (Ms. LEE asked and was given per- permission to address the House for 1 And that’s just the way it is. mission to address the House for 1 minute.) f minute.) Mr. CAPUANO. Mr. Speaker, I rise Ms. LEE. Mr. Speaker, 3 years ago today to commemorate the third anni- WE NEED TO WIN THE WAR ON this week, Congress formally declared versary of the congressional declara- DRUGS that genocide was taking place in tion of genocide in Darfur. It’s not a (Mr. COHEN asked and was given per- Darfur, and Congressman DON PAYNE is happy occasion; it’s a sad one. And I mission to address the House for 1 owed a debt of gratitude for leading hope we don’t have to do this again minute.) this effort. next year or any time after that.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8624 CONGRESSIONAL RECORD — HOUSE July 26, 2007 I also want to thank the American Ms. SCHAKOWSKY. Mr. Speaker, 3 Mr. DOYLE. Mr. Speaker, 3 years people, the American taxpayers and years ago, the Congress named the hu- ago, Congress declared the atrocities in the American activists in this country manitarian crisis in Darfur as geno- Darfur to be acts of genocide. Since ac- who have kept the pressure on us, on cide. Naming is really important, be- knowledging this genocide, we have the administration, on the United Na- cause once we’ve acknowledged the implemented unilateral sanctions tions and on the world to try to stop hundreds of thousands of innocent lives against the Sudanese Government. this genocide. that have been lost there, we have a re- We’ve authorized funds for peace- I have been to Darfur, and I will tell sponsibility to act. And yet the disas- keeping and humanitarian assistance you that as an American taxpayer you trous crisis continues on today. in the region. We’ve called for con- can’t be more proud than when you I visited Darfur. I’ve seen the situa- certed international action to end the look out, and unfortunately these poor tion on the ground. And now the high- abominations in Darfur, yet the geno- people have been chased out of their tech GPS satellites and mass media cide continuous. homes, and families killed and mas- allow everyone to bear witness to the There have been 400,000 people killed, sacred, but at least when you look out, tragedies in Darfur; the burnt holes 2.5 million have been forced out of all of their shelters are covered with where villages used to be, the mass mi- their homes, and 1 million continue to U.S. flags. Now, it’s because we have to grations of internally displaced, starv- live under the constant threat of bomb- send all the aid to feed and take care of ing children, victims of rape. ing, rapes, murder and torture by gov- them. But those shelters are made out I want to thank the student groups, ernment troops and the janjaweed mili- of the bags that carry the wheat and the faith organizations and the Ameri- tias. the rice that feeds them. cans around the country who have International diplomacy has failed to The American people are doing our worked to raise this issue’s profile and force Sudanese President al-Bashir to job. The administration is doing some- stop pursuing his genocidal policies. thing, but not enough. The U.N. is to keep Darfur on the agenda. Last month, the Sudanese Govern- We cannot afford to fail anymore. doing way too little. And I hope that Every possible means must be em- next year we won’t have to come back ment allowed a combined U.N.-African Union peacekeeping force. The Demo- ployed to pressure the Sudanese Gov- and do this. ernment to allow the rapid deployment cratic majority approved $949 million f of an international peacekeeping force in humanitarian aid, but we have to go large enough to protect the civilian FARM BILL DOES DISSERVICE TO further. Let this be the last time we population in Darfur. AMERICANS mark the anniversary of genocide. f (Mr. PENCE asked and was given per- f EXPRESSING OUTRAGE AT CON- mission to address the House for 1 RECOGNIZING JIM NUSSLE’S NOMI- TINUED VIOLENCE AND GENO- minute and to revise and extend his re- NATION AS DIRECTOR OF OMB marks.) CIDE IN DARFUR (Mr. SESSIONS asked and was given Mr. PENCE. Mr. Speaker, as a Mem- (Mrs. LOWEY asked and was given ber of Congress from the heartland, I permission to address the House for 1 permission to address the House for 1 have supported the farm bill in the minute.) minute and to revise and extend her re- past. Regrettably, the 2007 farm bill Mr. SESSIONS. Mr. Speaker, I am marks.) that we will consider this week is a pleased that President Bush has se- Mrs. LOWEY. Mr. Speaker, I would deeply flawed piece of legislation. It lected a man of great integrity and one like to put a statement in the RECORD combines traditional agricultural proof our former colleagues who served in expressing outrage at the continued vi- grams with the misplaced priorities of this Congress to lead the Office of Man- olence and genocide in Darfur. the Democratic Congress. Tax in- agement and Budget, Jim Nussle. His Mr. Speaker, I rise today burdened by many creases, budget gimmicks, workplace chairmanship of the House Budget emotions—sadness, disappointment, frustra- restrictions, and a public union provi- Committee gave us an opportunity to tion and most of all, anger. Anger because it sion that offends States’ rights, and I witness the expertise and responsible has been three years since Congress declared cannot support it. use of taxpayer dollars that he will the atrocities occurring in Darfur to be geno- This farm bill is a disservice to bring to the OMB. cide—and yet the violence continues. Anger American farmers and an attack on During his tenure in this body, Chair- because 2.5 million people are still dis- hurting families in the State of Indi- man Nussle’s work made a positive im- placed—living in camps, unable to return to ana. pact on countless Americans. Without their homes. Anger because humanitarian At the behest of one of the Nation’s his hard work and leadership, the Fam- workers are even more endangered today— largest public employee unions, the ily Opportunity Act, which provides unable to deliver vital services to large Democrat Congress added language to badly needed medical care to children this bill that will prohibit States from swathes of the population. And anger because with disabilities, would never have be- not a single individual has been brought to working with private companies to im- come law. prove the administration of welfare justice for these crimes. To recognize Chairman Nussle’s in- The crisis in Darfur requires sustained diplo- services. Since Indiana is leading the credible talents, one should look no matic action—including international pressure Nation in improving welfare services further than the very kind comments on those nations that support the Sudanese through these partnerships, this bill is made by Chairman Nussle’s former col- bad for Indiana, bad for hurting fami- regime and allow President Bashir to equivo- league across the aisle, my friend, lies, and bad for Hoosier taxpayers. cate on his promises. In the interest of federalism, it’s im- Chairman JOHN SPRATT. He said, ‘‘Jim It is unacceptable that 3 years have passed perative that Congress give State gov- was a fair and honorable chairman. In and there is still insufficient protection for civil- ernments the freedom to innovate in selecting Jim Nussle to succeed Rob ians on the ground. The AU/UN force must be deployed imme- the delivery of food stamps and other Portman, the President is replacing diately. There is no time to waste. The people welfare programs to benefit recipients one able and knowledgeable man with of Darfur have waited long enough. and improve services. another.’’ I will vote against this farm bill be- I congratulate President Bush on this f cause it raises taxes, busts the budget, astute choice. I wish Chairman Nussle b 1030 and does a great disservice to our most the very best during his confirmation hurting Americans. hearing today at the Senate Budget METHAMPHETAMINE KINGPIN ELIMINATION ACT OF 2007 f Committee. f (Mr. SMITH of Nebraska asked and LET THIS BE LAST TIME WE was given permission to address the MARK ANNIVERSARY OF GENO- ANNIVERSARY OF DECLARATION House for 1 minute and to revise and CIDE IN DARFUR OF GENOCIDE IN DARFUR extend his remarks.) (Ms. SCHAKOWSKY asked and was (Mr. DOYLE asked and was given Mr. SMITH of Nebraska. Mr. Speak- given permission to address the House permission to address the House for 1 er, I rise today as we consider the Com- for 1 minute.) minute.) merce, Justice, Science, and Related

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8625 Agencies Appropriations Act. Accord- The Clerk read the title of the bill. and anyone else in need. Their per- ing to the DEA, 33.3 kilograms of meth- The CHAIRMAN. When the Com- sonnel standing on cold street corners amphetamine were seized in my home mittee of the Whole rose on Wednes- during Christmastime is something to State of Nebraska in 2006. For this rea- day, July 25, 2007, the amendment by behold, ringing a bell on behalf of the son, I would like to commend the lead- the gentleman from New York (Mr. poor. They collect and sell donated ership and Appropriations Committee HINCHEY) had been disposed of and the clothes and household items in their for including $85 million in funding for bill had been read through page 85, line thrift stores to raise money for the grant projects to address the manufac- 24. poor, operate soup kitchens, and hire ture, sale and use of methamphet- AMENDMENT NO. 1 OFFERED BY MR. STEARNS people that no one else will. amine. However, we must send a Mr. STEARNS. Mr. Chairman, I offer Since 1865, this organization has stronger message to those who are an amendment. lived by Christ’s teaching that as we do smuggling and distributing the drug, The Clerk read as follows: unto the least of our people, we do unto which is why I have introduced the Amendment No. 1 offered by Mr. STEARNS: the Lord. Now this organization is in Methamphetamine Kingpin Elimi- At the end of the bill (before the short trouble for insisting its employees nation Act of 2007. title), insert the following: learn to speak English in order to bet- The number of methamphetamine TITLE VII—ADDITIONAL GENERAL ter serve these lofty goals. Remember, labs in the U.S. has declined since Con- PROVISIONS the Salvation Army was trying to help gress enacted the Combat Methamphet- SEC. 701. None of the funds made available their employees by encouraging them amine Epidemic Act last year to rein this Act to the Equal Employment Oppor- to simply learn the English language. strict the sale of pseudoephedrine, the tunity Commission may be used for litiga- EEOC has crossed the line in its over- key ingredient in methamphetamine. tion expenses incurred in connection with zealous pursuit of companies that re- Unfortunately, a reverse trend has oc- cases commenced after the date of the enact- quire English in the workplace. Only curred south of our border. ment of this Act against employers on the Congress can bring this organization grounds that such employers require employ- back to its intended mission. If we Mexico is the largest foreign supplier ees to speak English. of methamphetamine destined for the don’t, the continued proliferation of U.S. It is estimated that as much as 80 Mr. STEARNS. Mr. Chairman, as English-related lawsuits will cause em- percent of the methamphetamine on mentioned, the EEOC, which is the ployers facing close hiring decisions to U.S. streets comes from Mexico. Unlike U.S. Equal Employment Opportunity hire defensively, to the detriment of the small U.S. kitchen labs, Mexican Commission, has accused the Salvation new immigrants with marginal English drug cartels are creating superlabs, Army of allegedly discriminating proficiency. While the children of im- which produce huge quantities of cheap against two of their employees in a migrants typically learn English in our methamphetamine and then smuggle it Boston area thrift store for requiring school system, adult immigrants are north to U.S. users. them to speak English on the job. most likely to learn or improve lan- Mr. Speaker, it is time we stop this Mr. Chairman, the amendment would guage skills for work-related reasons flood of methamphetamine coming prevent the EEOC from using any ap- often through programs that are sim- across our border. propriated funds to initiate a civil ac- ply hosted by the employers them- The ‘‘Meth Kingpin Elimination Act of tion or file a motion in any courts on selves. 2007,’’ increases penalties for meth kingpins. the grounds that the organization, in This arrangement is ordinarily a win- The bill also authorizes $20 million for multi-ju- this case the Salvation Army, requires win situation. The immigrant is en- risdictional methamphetamine task forces. an employee to speak English while encouraged to gain a full knowledge skill Meth devastates not only those who abuse gaged in work. that improves his work efforts and the drug, but their families and their commu- The question I have is, how do you civic engagement, and the employer nities as well. The drug has a phenomenal discriminate against a person who benefits from having employees that rate of addiction, with some experts saying speaks English on the job? This amend- can communicate with one another. So users often get hooked after just one use. Re- ment was prompted by this lawsuit the EEOC’s policy takes a mutually cent studies have demonstrated that meth- filed in April by the EEOC against the beneficial situation and injects the amphetamine causes more damage to the Salvation Army, which has helped constant fear of litigation on employ- brain than heroin, alcohol, or cocaine. thousands of people in countries all ers. Most importantly, since the Mr. Speaker, I ask you to join me in keeping over the world. Can’t you hire people EEOC’s funds are fungible, every dollar this destructive drug off America’s streets and today who speak English? The two em- it uses to pursue these cases is a dollar ensuring that meth kingpins and traffickers re- ployees were given 1 year to learn not being spent on pursuing the kind of ceive harsher penalties. English in order to speak the language discrimination that the EEOC was Mr. Speaker, we must work together you and I are speaking in the House originally created to combat. to address this severe problem. today and the language spoken by our These are our tax dollars, my col- coworkers; however, these folks failed f leagues, yours and mine, paying the to try to learn even some basic English salaries of the EEOC lawyers, who file COMMERCE, JUSTICE, SCIENCE, and were fired. endless lawsuits, while the Salvation AND RELATED AGENCIES APPRO- Even though the Salvation Army Army must use its own funds, funds PRIATIONS ACT, 2008 clearly posted the rule and gave the that would be better used helping the The SPEAKER pro tempore. Pursu- two employees a year to learn English, poor, instead of hiring more attorneys ant to House Resolution 562 and rule the EEOC lawyers filed a lawsuit seek- to fight these kinds of cases in court. XVIII, the Chair declares the House in ing hundreds of thousands of dollars in The EEOC should instead focus its lim- the Committee of the Whole House on monetary damages to compensate the ited resources on the current backlog the state of the Union for the further employees for ‘‘the emotional pain, of 54,265 complaints, instead of wasting consideration of the bill, H.R. 3093. suffering and inconvenience’’ they suf- time and taxpayer money on policies fered by being asked to speak English b 1032 that serve to achieve unity in our to the best of their ability while on the country. IN THE COMMITTEE OF THE WHOLE job. I encourage my colleagues to support Accordingly, the House resolved In 2003, a Federal judge in Boston this amendment and help protect the itself into the Committee of the Whole upheld the Salvation Army’s policy re- charities like the Salvation Army. House on the state of the Union for the quiring workers to speak English while Mr. OBEY. Mr. Chairman, I rise in further consideration of the bill (H.R. on the job. However, the EEOC did not opposition to the amendment. 3093) making appropriations for the De- like this ruling, so they are continuing The CHAIRMAN. The gentleman partments of Commerce and Justice, to harass the Salvation Army. from Wisconsin is recognized for 5 min- and Science, and Related Agencies for Now, the Salvation Army, as we all utes. the fiscal year ending September 30, know, is a Christian evangelical orga- Mr. OBEY. Mr. Chairman, I think ev- 2008, and for other purposes, with Mr. nization whose sole mission is to help erybody ought to speak English in this SNYDER in the chair. the downtrodden, the blind, the sick country, and I think we ought to have

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8626 CONGRESSIONAL RECORD — HOUSE July 26, 2007 policies that encourage it. What I don’t Yet, in 2006 alone, roughly 200 that the EEOC has followed in this believe is I don’t believe that the Con- charges were filed alleging discrimina- area through Democratic and Repub- gress of the United States has any tion due to English-language-only poli- lican administrations. They have had a business whatsoever predeciding a cies in different workplaces. This ex- consistent position on the employer court case, and when the Congress plosion of claims against workplace English-only policies throughout both ahead of time tells the EEOC that they English is a 612 percent increase since Democratic and Republican adminis- cannot even bring a suit, that means 1996. trations. This amendment would un- that Congress is substituting political Mr. Chairman, I think that is one of dermine that long standing policy. If judgment for legal judgment on an the things that is of concern to us; 612 the gentlelady and the gentleman want issue that ought to be decided in a percent. That is the increase in these to change that, they ought to take it court of law. claims against American small busi- to the authorizing committee where Congress has the right to pass legis- nesses, against the businesses that are they can have hearings and have a full- lation saying whatever it wants about employing our citizens. We have gone blown discussion, rather than trying to immigration and about who is going to from 32 cases in 1996 to 228 in 2002, ac- change this policy that has been in get Federal aid, things like that. But it cording to the EEOC alone, and what place for a long period of time, through is dead wrong, it is wrong morally, it is we see is those misplaced priorities of both Democratic and Republican ad- wrong constitutionally, for the Con- the EEOC. ministrations. The amendment should gress to prejudge what the outcome of As my colleague previously men- be opposed. a court case is going to be. And if they tioned, the U.S. Equal Employment Op- Mr. Chairman, I yield back the bal- deny funds to the Equal Employment portunity Commission has a backlog of ance of my time. Opportunity Agency in this govern- 45,265 cases right now. They expect Mr. FRELINGHUYSEN. Mr. Chair- ment, the agency that is supposed to that that backlog will grow to 67,108 man, I move to strike the last word. enforce civil rights laws, if they deny complaints in fiscal year 2008. The CHAIRMAN. The gentleman funds to that agency on a hit-or-miss Mr. Chairman, it does not take an or- from New Jersey is recognized for 5 basis based on what can get a majority ganizational genius to figure this out. minutes. on this House floor, God help us all. What we see is people are not getting Mr. FRELINGHUYSEN. I rise in sup- Mr. Chairman, I yield back the bal- their workload done. What we see is port of the Stearns amendment. In the ance of my time. the EEOC is putting their energy on interest of transparency, for a dozen Mrs. BLACKBURN. Mr. Chairman, I something that they don’t need to be years I was on the board of the Morris- move to strike the last word. putting it on, and they have those mis- town Salvation Army in New Jersey, The CHAIRMAN. The gentlewoman placed priorities, so therefore the and anybody who has been associated from Tennessee is recognized for 5 min- items that they are supposed to be ad- with this organization knows that they utes. dressing in order to meet their mission work in the trenches for the poorest of Mrs. BLACKBURN. Mr. Chairman, I are languishing in their in-box. They the poor. They do a remarkable job, do rise in support of the Stearns- are never getting around to addressing and they work with those that are Blackburn amendment to protest the those files. So those are continuing to English speakers as well as those who actions of a rogue government agency pile up. would not speak English. that really is out of control, and I What we see is that they should be It seems to me that the EEOC has thank Mr. STEARNS for his good work taking their resources; they have plen- been somewhat shopping for another and his good efforts on this with us. ty of employees, they have plenty of venue here, while the Salvation Army, The EEOC, as we have heard, it is funds. This is not an issue of them hav- I think, is truly doing the Lord’s work. taxpayer funded, and it is tasked with ing more money or more resources. And for them to expend, as apparently eradicating discrimination in the This is an issue of them putting their they have, tens of thousands of dollars workplace. Now, unfortunately, the or- work and making their priorities where in some sort of a lawsuit as a result of ganization’s actions are speaking loud- they need to be, of addressing these this EEOC litigation, I think quite er than their words, and certainly they problems, kind of getting their nose to honestly is an absolute travesty. are not in step with the mission that the grindstone, if you will, and getting I am pleased to yield to the gen- they are instructed to meet. What we in behind those cases and getting them tleman from Florida (Mr. STEARNS), see is an agency that is waging war done not over here suing U.S. small the sponsor of the amendment, and I against private employers who have businesses that are employing our citi- commend him and others for sup- English-speaking policies and English- zens, not over here suing the mom-and- porting this amendment. only language policies in their work- pops who have the right, because they Mr. STEARNS. I thank the distin- place and with their workforce. are signing the paycheck, they are pay- guished chairman, and let me answer Now, as my colleague from Florida ing the payroll taxes, they establish some of the criticism from that side of has said, the situation we have dis- their workplace policies. the aisle. cussed is in 2004, we had two employees The gentleman from West Virginia from a Massachusetts Salvation Army b 1045 (Mr. MOLLOHAN) talked about that this Thrift Store. They were instructed to And they have the right to say we is not a recent problem, that all admin- learn English within 1 year to comply would like you to learn English. We istrations before with regard to the with that organization’s English-only should be incentivizing them to insist EEOC have been following this pattern, language policy on the job. The em- on having those employees learn and that is not true. The gentlelady ployees refused to comply or even to English so that they better commu- from Tennessee pointed out there has make a good-faith effort. I think that nicate with their employer and so they been a 612 percent increase since 1996. everyone would like to see them make know how to communicate and they In fact, there has been a large increase a good-faith effort to learn the lan- are learning by that interaction with just recently. So this is not something guage. And they were summarily dis- those customers. that has been going on for the past 40 missed in December of 2005. So they We know so well, those of us who years; it is a more recent phenomenon. had that full year. have so many small businesses in our So we here in Congress should realize Interestingly enough, the two em- districts, many of these small busi- that we have every right to prejudge. ployees were able to navigate their way nesses see these people as true friends. We have three equal branches of gov- through the bureaucratic system and Mr. MOLLOHAN. Mr. Chairman, I ernment. We have the executive, judi- get the EEOC to file a discrimination move to strike the last word. cial and the legislative or Congress. We lawsuit against the Salvation Army in The CHAIRMAN. The gentleman have the right to say to the EEOC, April 2007, despite their limited com- from West Virginia is recognized for 5 which is a government agency, the pri- mand of the English language. The minutes. orities you are establishing are wrong. turn of events would be laughable if it Mr. MOLLOHAN. Mr. Chairman, the I mean, as I pointed out earlier, this were not true, and if the consequences policy that this amendment addresses particular agency has a 54,000-case were not as grave as they are. is obviously authorizing the policy backlog, and it looks like it is going to

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8627 go to 64,000. It is going to be a 10,000- The Clerk read as follows: tification can we have for using Fed- case increase. Amendment offered by Mr. FLAKE: eral taxpayer dollars to subsidize or to Should they be spending all of their At the end of the bill, before the short support an industry like this? time trying to intimidate employers? title, insert the following new title: Mr. Chairman, I yield back the bal- Employers simply want to hire employ- TITLE VII—ADDITIONAL GENERAL ance of my time. ees that speak English. Are the em- PROVISIONS Mr. ALLEN. Mr. Chairman, I move to ployees going to be so scared that when SEC. 701. (a) LIMITATION ON USE OF FUNDS.— strike the last word. they hire this employee they are going None of the funds made available by this Act The CHAIRMAN. The gentleman to be sued by the EEOC because they may be used for the Lobster Institute at the from Maine is recognized for 5 minutes. University of Maine in Orono, Maine. are saying to the employee, ‘‘We think (b) CORRESPONDING REDUCTION IN FUNDS.— Mr. ALLEN. Mr. Chairman, I rise in it will be helpful for you to speak The amount otherwise provided by this Act strong opposition to the amendment English to our customers’’? for ‘‘National Oceanic and Atmospheric Ad- offered by Mr. FLAKE. This amendment But as the Salvation Army did, they ministration—Operations, Research, and Fa- would strike funding for the Lobster said, We will send you to a class for 1 cilities’’ is hereby reduced by $200,000. Institute CORE Initiative for the Uni- year and you can learn English. So we Mr. FLAKE. Mr. Chairman, this versity of Maine, a program vital to will hire you, let you be trained, and amendment would strike funding for the continuation of the lobster indus- hopefully after a year you will be con- the Lobster Institute at the University try. versant in English. These people didn’t of Maine. We will be debating later I will say a few words in a moment follow through and didn’t even go to today subsidies for corn, cotton, rice about the importance of the lobster in- the classes. So what did the Salvation and sugar. This is about subsidizing dustry, not just to Maine, but to New Army do, they simply said, We will lobsters. I frankly think we subsidize England and to the entire Northeast, have to fire you. corn, cotton and sugar far too much, but I want to go straight to this par- They talked to them, they counseled but lobster subsidies seem to be out of ticular program. them, and then they said, We will have line as well. The Lobster Institute’s CORE Initia- to let you go because you are not I think taxpayers are already feeling tive provides for conservation, out- speaking English proficiently enough the pinch, if you will, with high gas reach, research and education in order so that our customers can understand prices and huge deficits, and all of the to sustain the lobster. This is one of you, and we are an organization that other things that they are asked to pay the most successfully managed fish- simply has a mission to help and serve for. But providing hard-earned tax- eries along the Atlantic coast. When people, and we can’t communicate with payer dollars to the lobster industry you look at this from the point of view these people because you cannot speak should make Members of this body a of the private sector, this is not a case English. So please go to this class that little red in the face. of a big corporate fishery. The lobster we are going to pay for and help you According to the bill, the New Eng- industry is primarily a small fishery with this training. These people would land lobster industry will be receiving with individual lobstermen who cannot not go, and so they were fired. $200,000 in Federal taxpayer dollars. possibly afford to do the research on So now the EEOC lawyers are saying The certification letter does not offer the scale that this institute does. I to its agency this case is of the highest much in explanation of what it would would say that the institute is funded priority. We are going to forget these be used for except to provide resources primarily by contributions from the in- 54,000 cases backlogged in America, and for the New England lobster industry. dustry itself, some people who are con- we are going to go after the Salvation What kind of resources, I think we are tributing to the research, and through Army. justified in asking. This is a private in- private donations by the Friends of the ‘‘God help us’’ is the words that Mr. dustry that makes millions and mil- Lobster Institute. OBEY used. I say God help us if employ- lions of dollars annually. What possible But fundamentally, this kind of re- ers in this country cannot hire employ- support should the Federal taxpayer be search done by our land grant univer- ees who speak English. We have every offering to this particular industry? sities is absolutely essential. The Uni- right to judge. This is not morally Again, this is one area where Con- versity of Maine does work on wild wrong, as Mr. OBEY said, or constitu- gress, through earmarking, is circum- blueberries. It does work on potatoes. tionally wrong. This is simply Congress venting the regular process that we The industry itself could not possibly saying set your priorities EEOC. Let typically go through. It is a process sustain industrywide research because the employers hire people who speak that I don’t like very much. I don’t those industries, like the lobster indus- English. And we support the concept of think we ought to be providing funding try, are made up primarily of small what the EEOC is trying to do, to enact to the Federal agencies to give sub- businessmen and -women. civil legislation against people who are sidies this way either. But there are Frankly, it is exactly this kind of discriminated against in the work- programs at the Federal agencies, pro- public-private partnership that makes place. We understand that. We accept grams that are usually open to com- our economy stronger than it ever that. But this is a case of priorities. petitive bidding where people will sub- could be without this support. This is a case where Congress has every mit grant proposals. But through ear- Let me give you some examples. The right as an equal branch to say this is marking like this, we circumvent that CORE program aims to establish a uni- wrong. I commend the chairman from process and we say we know better fied logical progression of research to New Jersey for his support. what we’re going to give what amounts address lobster health, stock assess- Mr. FRELINGHUYSEN. Mr. Chair- to. It seems like a no-bid contract to a ment and environmental monitoring man, I yield back the balance of my particular industry or business or issues. For example, in southern New time. group of industries. England, we have some very serious The CHAIRMAN. The question is on So I would think that this simply disease issues with some lobsters. We the amendment offered by the gen- isn’t the way to go. I would submit have to be able to track those diseases tleman from Florida (Mr. STEARNS). that no amount of drawn butter can and make sure that we understand The question was taken; and the make this kind of subsidy taste any what is going on. Chairman announced that the noes ap- better. We simply shouldn’t be doing The program will also develop infra- peared to have it. this kind of thing. We need to get rid of structure to support lobster health and Mr. STEARNS. Mr. Chairman, I de- these kinds of earmarks, again, when habitat research. mand a recorded vote. we know so very little about what it The CHAIRMAN. Pursuant to clause will go to. We are just told it will pro- b 1100 6 of rule XVIII, further proceedings on vide resources for the New England lob- The information that is gathered by the amendment offered by the gen- ster industry. This is an industry, like the institute is communicated to the tleman from Florida will be postponed. some of the others we will be dis- public in many ways. Outreach edu- AMENDMENT OFFERED BY MR. FLAKE cussing later today, that do quite well cation conducted by faculty, students Mr. FLAKE. Mr. Chairman, I offer an on their own. They make millions and and industry members, as well as con- amendment. millions of dollars. What possible jus- ferences, seminars and workshops

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8628 CONGRESSIONAL RECORD — HOUSE July 26, 2007 throughout the region spreads informa- Mr. FRELINGHUYSEN. Mr. Chair- teorology department and provide tion developed by the institute. The in- man, I rise in opposition to the gentle- weather information to entities in stitute is also home to a lobster library man’s amendment, but certainly know northwestern Indiana and surrounding which holds nearly 2,000 journal arti- where his heart is because he’s been areas. cles, research reports and informa- diligent and persistent. This university is a coed, 4-year, pri- tional pamphlets. The directed spending included in our vate university located, as I said, in Basically, what we’re saying is that committee’s report augments and, in northwestern Indiana. It’s ranked by one of the reasons the lobster industry some cases, enhances the administra- the U.S. News and World Report as one is one of the most successfully man- tion’s own earmarks with congres- of the top universities in the Midwest. aged fisheries in the Northeast is pre- sional priorities, which is entirely ap- Its endowment is in excess of $143 mil- cisely because of this research. And propriate. Funding recommendations lion. some Federal contribution, a small included in our report were made in Again, why do we fund earmarks for contribution, $200,000 is what’s at stake full compliance with the applicable institutions that are as flush as this here, is the linchpin that holds this or- rules and procedures of the House. So one? Why do we dole out any Federal ganization together. there’s total transparency. money to any private institution such A few final concluding comments. On a bipartisan basis, I’ve worked as this, with a generous endowment al- The private sector, which is supported with Chairman MOLLOHAN in reviewing ready there? by this research institute, includes jobs all of the requests before the Com- When we approve earmarks like this, for 8,000 fishermen and countless other merce, Justice and Science Sub- we as an institution are bypassing the jobs for additional businesses such as committee, all of the Member requests, competitive grant process that already dealers, distributors, boat builders, ma- and we recommend funding for this and exists for funding educational and re- rine suppliers and a variety of tourism- other projects which people will try to search institutions. related businesses. In 1950, the National Science Founda- Throughout the Nation, the lobster take out. tion, an independent Federal agency, industry has an economic impact of We believe these projects have merit, was created by legislation with the in- somewhere between $2.4- and $4 billion and what’s most appropriate is that tent of promoting the progress of a year, with 10,000 commercial lobster Members are willing to come to the licenses issued each year. It’s ranked, floor to defend their projects, and science and advancing national health American lobster, I would say Maine that’s necessary because we need to and welfare by supporting research and lobster, but, you know, who’s quarrel- hear from them as to their merit. They education in all fields of science and ling here, American lobster is ranked know their States, and they know their engineering. third on the U.S. seafood export list, districts, and that’s why we’re sup- In the past, the Federal Government proving that it’s essential to our econ- porting this process. has awarded more than $400 billion in omy. The CHAIRMAN. The question is on the form of competitive grants; $400 In Maine, we have 5,800 licensed the amendment offered by the gen- billion has been given out by the NSF lobstermen, and the catch from Maine tleman from Arizona (Mr. FLAKE). over the years. This agency was cre- lobstermen makes up approximately 70 The question was taken; and the ated with a specific purpose of giving percent of all U.S. landings. Chairman announced that the noes ap- out grants like this. I would just say in conclusion, this peared to have it. Over the course of this year, the Di- may seem like a small amount of Mr. FLAKE. Mr. Chairman, I demand vision of Atmospheric Sciences, an of- money to a small research institute, a recorded vote. fice within NSF, has awarded more but it holds together a private industry The CHAIRMAN. Pursuant to clause than $2 million to fund research for of great economic importance not just 6 of rule XVIII, further proceedings on meteorological experiments. Federal to Maine, but to the Northeast and to the amendment offered by the gen- funding exists for the sponsor’s ear- all of our oceans-related industries. tleman from Arizona will be postponed. mark. This grant process should be re- That’s why I strenuously object to AMENDMENT OFFERED BY MR. FLAKE spected. this amendment. I urge its defeat. Mr. FLAKE. Mr. Chairman, I offer an Again, we are going outside of the Mr. Chairman, I yield back the bal- amendment. process. There’s a process that we have ance of my time. The Clerk read as follows: established, that we have caused to be Mr. MOLLOHAN. Mr. Chairman, I Amendment offered by Mr. FLAKE: established in the Federal agencies to move to strike the last word. At the end of the bill, before the short give out money in this regard, and here The CHAIRMAN. The gentleman title, insert the following new title: we’re saying, well, we’re not going to from West Virginia is recognized for 5 TITLE VII—ADDITIONAL GENERAL go through that. Perhaps this univer- minutes. PROVISIONS sity, I don’t know, perhaps it applied Mr. MOLLOHAN. Mr. Chairman, I SEC. 701. (a) LIMITATION ON USE OF FUNDS.— for a grant and didn’t get it. Perhaps it want to support the gentleman from None of the funds made available by this Act has received other grants, I just don’t Maine’s program. This funding sup- may be used for meteorological equipment at know, but what I do know is we are ports scientific staff who monitor the Valparaiso University in Valparaiso, Indi- giving what amounts to a no-bid con- health of Maine lobster fisheries, a cru- ana. tract where one member of the Appro- cial industry in his area and a crucial (b) CORRESPONDING REDUCTION IN FUNDS.— resource for the whole country. The amount otherwise provided by this Act priations Committee is going to say, The funding provides infrastructure for ‘‘National Oceanic and Atmospheric Ad- I’m going to designate or earmark to improve science research efforts in ministration—Operations, Research, and Fa- money for this institution and bypass cilities’’ is hereby reduced by $720,000. this regard. Funding is crucial to un- the process that we have set in place. derstanding the health of the lobster Mr. FLAKE. Mr. Chairman, this is a And I just don’t think that’s right. fishery industry, and he stresses that rather large earmark, $720,000. It’s for If we don’t like the process that’s in his remarks. Federal funding for meteorological been established, let’s change it. Let’s This amendment is supported by the equipment at Valparaiso University in tell the Federal agencies, you need to subcommittee. It’s a good earmark, it’s Valparaiso, Indiana. have a broader pool, you need to give a good project, and this Member has Growing up, I was told the best way more grants out to small colleges, you concluded that it’s essential in his area to tell the weather was to stick your need to do this, you need to do that, and to support this very important in- arm out the window of the vehicle as but let’s establish a process and then dustry in his area. The subcommittee we were going down a farm road. This follow it rather than circumvent it. strongly supports this Member’s seems to me to be Congress’s way of And this, I see, is circumventing the project in this regard. sticking their arm into taxpayers’ back process. Mr. FRELINGHUYSEN. Mr. Chair- pocket and getting their wallet. This bill, the underlying bill today, man, I move to strike the last word. The earmark description in the cer- funds the National Science Foundation The CHAIRMAN. The gentleman tification letter submitted said the at a level of more than $6 billion. What from New Jersey is recognized for 5 earmark would fund the equipment as is the purpose of funding an agency minutes. a teaching tool for the university’s me- like this and telling that agency to

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8629 give out grants on a competitive basis dation. The purchase of new equipment from Arizona, let me associate myself if we’re going to go around it and give will enable Valparaiso students to con- with the remarks of Chairman MOL- out our own grants from Congress? It duct more undergraduate research, as LOHAN. just doesn’t seem right. they will have access to a greater vari- I have every confidence, and even I urge my colleagues to support the ety of data and the ability to archive more so, from hearing from the gen- amendment. it. tleman from Indiana, that this project Mr. Chairman, I yield back the bal- I strongly oppose the gentleman’s has merit. He has had the opportunity ance of my time. amendment, and again thank the Chair to expand on what we saw in a digested Mr. VISCLOSKY. Mr. Chairman, I and ranking member. form, and I think he has made a strong move to strike the last word. Mr. Chairman, I will yield back my case for this project. He is willing to The CHAIRMAN. The gentleman time. put his name on the project, which from Indiana is recognized for 5 min- Mr. MOLLOHAN. Mr. Chairman, I means his integrity is backing that utes. move to strike the last word. project. Mr. VISCLOSKY. Mr. Chairman, I ap- The CHAIRMAN. The gentleman I salute him for what he is doing. I preciate the recognition, and I rise in from West Virginia is recognized for 5 oppose the amendment. opposition to the gentleman’s amend- minutes. Mr. Chairman, I yield to the gen- ment to strike funds in this bill for the Mr. MOLLOHAN. First of all, let me tleman from Arizona (Mr. FLAKE). meteorological equipment for compliment the gentleman from Indi- Mr. FLAKE. Let me simply say that it’s often said through earmarking we Valparaiso University. ana on his project. We are here argu- are simply asserting our right and the I first want to thank the chairman of ing, debating, describing, justifying, responsibility we have as Members of the subcommittee Mr. MOLLOHAN, as and questioning the merits of this par- Congress under article 1. Under article well as the ranking member Mr. ticular project. However you want to 1, we certainly have the power of the FRELINGHUYSEN, for their consideration describe it, the gentleman who offers purse. of this important project. the amendment, his basis of offering these amendments is, on the one hand, The problem is, I think the contem- Mr. Chairman, this earmark is rel- porary practice of earmarking, when ative to two issues. The first is the that we shouldn’t be doing this. We talk about that on almost every you bring a bill to the floor that has safety of people who live throughout over 1,500 earmarks, you diminish that the Upper Midwest. amendment, the fact that indeed it is the job of the United States Congress responsibility that you have, because A key element to strengthening we go around or circumvent the careful and particularly the House of Rep- Valparaiso’s meteorology program, as process of authorization, appropria- resentatives in the first instance under the gentleman from Arizona is correct tion, and oversight that is a time-hon- Article I of the Constitution to do just that Valparaiso is an exceptional uni- ored practice and hallmark of this in- exactly this. This is our job. This is versity, is the acquisition of Doppler stitution. When we earmark, we get radar. Doppler radar at VU will be very what we do—we provide funding for the away from that and not enhance it. beneficial to the millions of people liv- United States of America. That’s the reason for bringing these The gentleman, I’m paraphrasing, ing along the southern shore of Lake amendments forward. Michigan because that area is cur- said one Member of the body or of the Mr. FRELINGHUYSEN. Reclaiming rently underserved by pinpoint weather Appropriations Committee or one my time, and just for the record, the forecasting. In addition to Doppler Member of the Congress brings a bill has approximately 1,100 earmarks, radar, VU will begin daily weather bal- project forward. Well, there’s nobody in which is about one-fourth of what we loon launches. As the only balloon site the Congress who would bring a project had last year. We are, indeed, making in Indiana, Valparaiso University will forward for this gentleman’s congres- some progress in reducing the number. supply critical data to the meteorolog- sional district if it were not this gen- In any case, Members come forward ical community. tleman. to defend their earmarks, which I The notoriously unpredictable weath- And then we get to the merits of the think is entirely appropriate. There is er conditions in this area, lake-effect particular project. This one seems emi- far more transparency, far less in the snow in the winter and severe thunder- nently justifiable; funding for equip- way of earmarks. I think the process storms and tornados in the spring and ment to train young people in fore- has been vastly improved. summer months, make the presence of casting. If you believe in government Mr. Chairman, I yield back the bal- Doppler radar and data gathered from participation in education, that’s what ance of my time. the balloon station critically impor- we do, and this is how we can empower The CHAIRMAN. The question is on tant to the region. this institution, this educational insti- the amendment offered by the gen- The amendment also deals with the tution, so that they can bring excellent tleman from Arizona (Mr. FLAKE). issue of strengthening our future by in- training for weather forecasting, which The amendment was rejected. vesting in science and the young people I think we all have to stipulate is ex- AMENDMENT OFFERED BY MR. FLAKE in our Nation. The global economy is tremely important for the Midwest in Mr. FLAKE. Mr. Chairman, I offer an nothing if not competitive, and in light of the kind of weather conditions amendment. The Clerk read as follows: order for the United States to remain they have. at the forefront of scientific innova- So let me compliment the gentleman Amendment offered by Mr. FLAKE: from Indiana for his project, and for At the end of the bill, before the short tion, we must work with our univer- title, insert the following new title: sities to develop and maintain world- bringing it to us. We have looked at it carefully, and perhaps we should say TITLE VII—ADDITIONAL GENERAL class scientific programs. PROVISIONS Valparaiso is currently home to a na- thank you to the gentleman who raises the amendment for giving the gen- SEC. 701. None of the funds made available tionally ranked meteorological pro- by this Act may be used for the National gram, and we must leverage this re- tleman from Indiana an opportunity to Textile Centers. stand up and discuss and describe his source to advance our national sci- Mr. FLAKE. Mr. Chairman, this amendment for us and for his constitu- entific interests, and I believe the uni- amendment would prohibit funding for ency. versity is well positioned to use the the National Textile Center. The ear- funds to continue to be a national and b 1115 mark description in the various certifi- global leader in this field. Mr. Chairman, I yield back the bal- cation letters submitted to the com- The procurement of the latest indus- ance of my time. mittee by various sponsors, and this is try standard equipment by VU’s mete- Mr. FRELINGHUYSEN. Mr. Chair- one that is sponsored by a number of orological program is also vital to man, I move to strike the last word. Members, I understand, says that the helping students become familiar with The CHAIRMAN. The gentleman earmark will fund the development of a the technology they will encounter from New Jersey is recognized for 5 National Textile Center; specifically, after graduation as they go on to pur- minutes. the funds will be used to conduct re- sue careers that include the Air Force, Mr. FRELINGHUYSEN. Mr. Chair- search and development and improve NASA and the National Science Foun- man, before I yield to the gentleman technologies.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8630 CONGRESSIONAL RECORD — HOUSE July 26, 2007 The Web site for the National Textile from North Carolina, as well as col- ment of Commerce. And the National Center states that it is a consortium of leagues from several other States, in Textile Center was requested by more eight universities, Auburn, Clemson, requesting fiscal year 2008 funding for Members than any other project in this Cornell, Georgia Institute of Tech- the National Textile Center. I want to bill. It’s a worthy recipient of Federal nology, North Carolina State Univer- say to the gentleman introducing this funding, and I urge defeat of the sity, University of California Davis, amendment that if there is, in fact, amendment. University of Massachusetts Dart- any lack of transparency or any confu- Mr. Chairman, I yield back the bal- mouth and Philadelphia University, sion about our intent, I would be happy ance of my time. that share human resources, equipment to clear that up. Mr. COBLE. Mr. Chairman, I move to and facilities. This consortium serves We do indeed intend for this funding strike the last word. the U.S. fiber-textile-retail complex in- to go to the National Textile Center, The CHAIRMAN. The gentleman dustries. which has been established, as the gen- from North Carolina is recognized for 5 It’s not at all clear what amount this tleman acknowledged, for a number of minutes. program is to be funded. The com- years. In fact, it has received funding Mr. COBLE. Mr. Chairman, when it mittee report language says funding since fiscal year 1992. It is a center that comes to earmarks, it’s easy for me to for two textile-related programs, but involves a number of universities and embrace my earmark as good govern- the proposed funding amount is no- has expanded since that time. And it’s ment and reject your earmark as where to be found in the text of the bill a center that has a well-established wasteful pork. By the same token, it’s or the committee report. track record. easy for you all to embrace your re- The manager’s amendment rec- The National Textile Center is just spective earmarks as good government ommended that the U.S. foreign and what the name suggests. It’s a national and reject mine as useless, wasteless commercial service account be in- program for a national industry that pork. That probably amounts to hypoc- creased by $5 million to $245,720,000 in affects our national competitiveness. risy, but it is nonetheless a political order to fund ‘‘two textile-related pro- There is a consortium of eight leading fact of life. grams.’’ We can only infer that this in- research universities that participate: Now, when you talk about the textile crease will fund this program and an- Auburn, Clemson, Cornell, Georgia industry, I become very subjectively other program, but there is no way for Tech, North Carolina State, Philadel- involved. My late momma was a ma- us to be certain. Inquiries made to the phia University, University of Cali- chine operator in a hosiery mill. She relevant subcommittee failed to clarify fornia Davis, and University of Massa- later worked for the Blue Bell Corpora- the matter. chusetts Dartmouth. tion, which was the predecessor to the Members of Congress as stewards of Now, any of us from North Carolina Wrangler and the VF Corporation. Her the taxpayer’s dollars, as stewards, or other traditional textile-producing job was to sew pockets on overalls, a need and deserve more information to States are all too accustomed to news tedious, demanding job, before the days make informed decisions. of textile operations closing their of air conditioning, I might add. So Beyond the transparency issues here, doors. Some may be shortsighted when people gang up on the textile in- I simply don’t agree here, again, with enough to suggest that the textile industry, they are ganging up on my this picking winners and losers here. I dustry is unworthy of investment, momma. It bothers me. understand the textile industry has un- given the loss of manufacturing jobs We could talk all day here. Many of dergone great transformation with over the past decade. my friends from North Carolina, we jobs, a lot of jobs going overseas. There I and my colleagues come to exactly represent what was recognized as the is great difficulty there. I don’t mini- the opposite conclusion. The textile in- buckle of the textile belt. It’s a belea- mize that. That is true with a lot of industry is a major player still, and will guered industry, and we don’t need to dustries. continue to be a major player in the be piling on at this juncture. In my district and elsewhere, a lot of U.S. economy. It employs 600,000 work- My friend from North Carolina (Mr. people would like to receive funding to ers nationwide, and it contributes al- PRICE) has already suggested the sig- help their industries transition. We most $60 billion to the national GDP. nificance, but let me repeat it. simply can’t do it everywhere. It’s true that many lower-skilled and The National Textile Center, NTC, Some Internet searching on the Na- lower-paid jobs have left our States, and the Textile/Clothing Technology tional Textile Center indicated the but the domestic textile industry is un- Corporation, [TC]2, play a critical role center already exists and has received dergoing a remarkable transformation. in helping the U.S. textile and apparel generous funding in the past. A press The research provided by the National industry, which currently employs over release from the center touted that Textile Center is an initial factor in 600,000 workers nationwide and contrib- more than $9 million in Federal funds that transformation. It’s helping ad- utes nearly $60 billion to the Nation’s were received in 2001. That, again, is a vance the industry in new directions, gross national product on an annual little confusing when we are told that providing new, higher-paying jobs, in- basis to compete with textile manufac- this will fund the development of a na- creasing U.S. competitiveness in the turers in other countries. tional textile center that seems to al- process. It should also be noted that the in- ready exist. As the chairman of the Appropria- dustry is a primary supplier of employ- But anyway, again, here, this is an tions Subcommittee on Homeland Se- ment to women and minority workers, example of a program we have over the curity, I know firsthand about the new with many of these jobs located in de- Department of Commerce that we have fabrics and fibers that are protecting pressed and rural areas as well as used that funds programs like this. I our first responders in new and threat- major inner cities. simply don’t see the need to earmark ening situations. That’s just one exam- The NTC is proven and provides a additional funds to supplant or to re- ple. The suits worn in this Chamber, highly effective structure for maxi- place or to augment funds that have al- the next generation of suspension mizing fundamental research and de- ready been appropriated and for which bridges—there is a long list of products velopment efforts of value to the tex- there is a process that has been estab- and technologies that this research tile and apparel industrial sector. The lished for competitive grants to be consortium is going to help shape. value of new textile products and proc- given. The new textile products and the esses that have been created by NTC Mr. Chairman, I yield back the bal- processes created by this research are research is over $300 million, nearly ance of my time. valued at three times the Federal in- three times the Federal investment in Mr. PRICE of North Carolina. Mr. vestment to date, so it’s certainly not NTC to date. Chairman, I rise in opposition to the the time to pull the rug out from under [TC]2 is engaged in helping to trans- amendment. these vital projects. form the U.S. textile and apparel in- The CHAIRMAN. The gentleman is Mr. Chairman, the National Textile dustry into a highly flexible supply recognized for 5 minutes. Center is needed by a national indus- chain, capable of responding to rapidly Mr. PRICE of North Carolina. Mr. try. The National Textile Center is changing market demands. During cal- Chairman, I am joined by 11 colleagues wanted and welcomed by the Depart- endar year 2006, 60 percent of [TC]2’s

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8631 annual budget was supplied by the pri- Federal rights. If anybody knows what been developed for firefighters, for first vate sector. [TC]2 expects at least 55 the priorities ought to be in North responders and for military personnel percent of its 2007 funding to be pro- Carolina, Massachusetts, Alabama, in collaboration with the National Per- vided by the private sector. To date, South Carolina, it should be the people sonal Protective Technology Labora- the public investment alone in [TC]2 who are representing those areas, and I tory. In collaboration with the Cali- has produced technology advancement would have to say Presidents, adminis- fornia Department of Forestry and Fire valued in excess of $375 million, a re- trations, Democrat and Republican, Protection, research has enhanced the turn of more than 400 percent. have not paid sufficient attention to safety and comfort of firefighters’ uni- These programs do not specifically the plight of the textile industry, the forms by improving and redesigning benefit any particular congressional furnishings industry, the loss of manu- the fabrics and clothing. Biocidal tex- district. They are an important ele- facturing jobs that we pay in our local tiles, and biocidal means that there is ment of our national textile industry communities. something that is in the textile itself, which once led the world but, as has So for somebody to make the argu- the product itself, which can kill cer- been noted, is now struggling to keep ment that we shouldn’t be involved in tain kinds of things, substances which pace. the process when the decisions that are would be harmful to those who are The textile industry needs these pro- being made are impacting our local wearing them. This is dedicated re- grams and our support, which have communities, I don’t understand, espe- search for this specific purpose. proven to be a wise investment in the cially a gentleman who has consist- Biocidal textiles, including protective past. This is why this amendment ently and long term supported the no- masks, have been designed and devel- should be defeated. tion of States rights. oped for health care and other workers, Mr. Chairman, I yield back the bal- So I think this is an appropriate resulting from interdisciplinary re- ance of my time. thing for us to be doing, not only in search teams, which include social and Mr. WATT. Mr. Chairman, I rise in this amendment context, but in most physical scientists, public health and opposition to the amendment and move of the contexts, in essentially all of the environmental researchers. to strike the last word. contexts. I even supported his Repub- So while there are many reasons to The CHAIRMAN. The gentleman lican colleague’s Christmas tree support this amendment from the from North Carolina is recognized for 5 amendment because I thought he knew standpoint of those that are attempt- minutes. more about the Christmas tree indus- ing to help an industry that has had Mr. WATT. Mr. Chairman, I think we try in his local community than any- difficult times, I rise in support of the come to the floor not because we feel body was ever going to know on a na- very specific research that’s being done tional basis about the importance of like Mr. FLAKE’s amendment is likely as part of the textile center operation to pass, but he provides a unique oppor- Christmas trees to his local economy. at the University of California at Davis These are things that we are uniquely tunity for us to talk to each other and which goes to protecting those folks situated to understand and advocate the American people about some of the who respond as first responders when for, and I would hope that our col- problems and stresses that are taking we have explosions, when we have fires. leagues would strongly and resound- place in our country. There are three It is not just being said to come up ingly defeat this amendment, for those points that I want to make. with some extraordinary reason to sup- three purposes and others. First of all, this is not a local issue Mr. DANIEL E. LUNGREN of Cali- port this. This is actual research being for me. The appropriation, the consor- fornia. Mr. Chairman, I move to strike done that has produced products that tium, is of eight leading textile re- the requisite number of words. has made it safer for our first respond- search universities in Alabama, Cali- The CHAIRMAN. The gentleman is ers. fornia, Georgia, Massachusetts, New recognized for 5 minutes. One of the things I have requested York, North Carolina, Pennsylvania Mr. DANIEL E. LUNGREN of Cali- from anybody who has asked me to put and South Carolina. Not one of those fornia. Thank you, Mr. Chairman. forth an earmark request is show me universities is located in my congres- I rise in opposition to the amend- the Federal nexus. This to me is clear- sional district. This is not a local pork ment. Some people may have thought ly a Federal nexus. This is research barrel request for those of us who are that since I have supported Mr. FLAKE that supports first responders all over rising. on a number of amendments, that this the country. It’s concentrated research Second, I want to make the point was sort of a centrifuge way for me to that means it is done on a far better that Mr. COBLE and I, on a bipartisan help defeat the amendment because it basis than otherwise would be possible. basis, have been the co-Chairs of the might lose support, given the fact that It enhances the final product. And in furnishings caucus, which the textile I have supported some of his amend- that way, it seems to me, it is a sub- industry provides a major base for in ments and not supported others. But, stantial, reasonable application of Fed- North Carolina and in other parts of rather, I did request an earmark. It is eral funds for a Federal purpose. the country. This is not something one of the seven or eight earmarks that For that reason, even though I have that’s just about textiles. It is about a have been combined together in this in great respect for the gentleman from broader-based loss of jobs and employ- support of the textile center because Arizona, whom I think has done a great ment opportunities and a severe im- the textile center exists in about eight job, and I have referred to him publicly pact on our economy and various different locations around the country, because of his pleasant demeanor as he economies in multiple States that goes eight institutions, one of them the Uni- approaches this difficult task as Don well beyond just the textile industry. I versity of California at Davis. That Quixote with couth, I still would have hope Mr. FLAKE recognizes that. part of UC Davis which is part of this to say with all due respect, I must oppose his amendment. b 1130 is actually not in my district. It’s in the gentleman, Mr. THOMPSON’s, dis- Mr. ETHERIDGE. Mr. Chairman, I The third point I want to make is a trict. But I am convinced of the wor- stand in opposition to the gentleman’s broader point, because it is raised by thiness of this request for a slightly amendment and move to strike the last the gentleman from Arizona in a se- different reason than has been men- word. quence of amendments. He has made tioned on the floor to this time. The CHAIRMAN. The gentleman the argument that somehow we are One of the key areas that the textile from North Carolina is recognized for 5 better off to let the Federal Govern- center funds go to support in the work minutes. ment be making these decisions rather and research that’s done at the UC Mr. ETHERIDGE. Thank you. than trying to direct these appropria- Davis center is in the area of personal For many of my colleagues this is tions through this process to local protection, research improving the just another earmark. For me this is communities. functional clothing for homeland secu- somewhat personal because the first Now, that’s an interesting argument rity and occupational safety. What do job that I ever held right out of high for a person to be making who in most we mean by that? school before I went to college was in a cases makes the counterargument that Well, there are what are known as textile plant. That was when they were States rights are more important than biocidal Nomex fabrics, which have plentiful in North Carolina and really

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8632 CONGRESSIONAL RECORD — HOUSE July 26, 2007 across the Southeast. Hard work, in a basis. Research has already provided, That’s done by the Federal agencies. lot of cases it was dirty work, but it as you have heard, uniforms and oppor- Our role is to provide oversight and to was honorable work, and it made a dif- tunities for our first responders. authorize the programs. ference in people’s lives. They’re in the process in a broader b 1145 The National Textile Center, or NTC, sense of creating fabrics that are self- as you have already heard, really is a decontaminating to protect against bi- And so I’m not advocating at all that national initiative. It’s not a localized ological and chemical hazards. we step back. I’m advocating that we project. It’s a project that has already These are things we ought to be actually go to the time-honored prac- made a difference. It will continue to doing. And, yes, we ought to be doing tice of authorization, appropriation, make a difference. And as you have them in a way that we work together and oversight. And that allows us to heard, it’s a consortium of eight lead- so that at multiple universities and the actually go into these Federal agencies ing textile research universities. One of bright minds we have across this coun- and really provide good oversight. those is in my State. Actually one of try today can work together to make a But I can tell you, it’s very difficult the universities happens to be in my difference. to provide oversight for example for district, an outstanding university, I oppose the gentleman’s amendment, the Defense bill. Last year or the year North Carolina State University. But and I ask this body to defeat it re- before, I believe, we provided an ear- each of these States making a con- soundingly. mark in the Defense bill for a museum tribution, or the universities in these Mr. ADERHOLT. Mr. Chairman, I in New York, in the Defense bill. States. They’re working to advance move to strike the last word. How can you provide good oversight every aspect of the textile industry, The CHAIRMAN. The gentleman with any straight face, go to the De- from fiber production to marketing, from Alabama is recognized for 5 min- fense Department and say, we think through research, education, and, more utes. that you should have spent more importantly, industrial partnerships. Mr. ADERHOLT. Mr. Chairman, I money on body armor for our troops in That’s the kind of thing we ought to rise today to oppose the amendment, Iraq. Oh, but by the way, we directed be promoting here. We ought to be and I’m sure that my friend and col- you to spend $2 million on a museum in about getting people to work together. league from Arizona means well in this New York. It just doesn’t seem right to That’s what this is about. Yet we have endeavor. But I must say that I support me. And so I think, frankly, we cheap- an amendment that says, no, we don’t the National Textile Center. en our role when we, the contemporary want you to work together. We’d just As you know, Mr. Chairman, our do- practice of earmarking, I think, has as soon you have those silos. We argue mestic textile manufacturers are fac- cheapened the role of Congress and on this floor daily about knocking ing tremendous competition from moved us away from authorization, ap- down silos and getting people to work around the world, and much of that is propriation, and oversight. So that will together. due to the way that our trade laws in be my response, and I would urge sup- The National Textile Center was es- this country are structured. And it’s port for the amendment. tablished really to achieve that one not the fault of our domestic manufac- Mr. MOLLOHAN. I move to strike goal, but three others: turers. The only way we can remain the last word. It was to develop new materials, in- competitive against cheap labor in The CHAIRMAN. The gentleman novative and improved manufacturing these foreign countries is through cut- from West Virginia is recognized for 5 procedures and integrated systems esting-edge technology. minutes. sential to the success of a modern The National Textile Center Mr. MOLLOHAN. Mr. Chairman, I fiber, fabric and fabricated products strengthens our Nation’s efforts by rise in opposition to the amendment. manufacturing enterprise. bringing together diverse research and The gentleman alludes to the Defense Secondly, to provide trained per- also those in the industry so that our Department. He could save a lot more sonnel. It’s important today as the in- textile producers can produce to lead than $2 million for the United States dustry changes to have people who can the world in technology. So the end re- Government if he turned his attention affect the new industry, because it is a sults, therefore, will be workers in the to the Defense Department and some of high-tech industry today, and to de- United States can continue to produce the contracting activities that are cer- velop those industrial partnerships and the highest-quality products and in the tainly going on in Iraq. And perhaps technology transfer mechanisms. most efficient manner. that’s something he will want to look And, finally, to strengthen the Na- This center that we’re discussing at. tion’s textile research and education today, the National Textile Center, But let me say with regard to the efforts. provides real-world applications that textile-designated funding in this bill, I Just yesterday I had a large manu- are needed to make sure that the tex- don’t know a project that has actually facturer of textiles in my office. Twen- tile industry in America survives. For had more scrutiny, or more broad- ty-four plants. He closed one in the that reason, Mr. Chairman, I rise to based support than this project. And in western part of North Carolina. Now, support this center and to oppose the a time when our industries are com- for some people that might not make a amendment that is being offered before peting internationally, the textile in- difference, but for about 300 people that us at this time. dustry is particularly under siege lost their jobs, that’s trauma. Their Mr. FRELINGHUYSEN. Mr. Chair- around the world. This initiative has lives have been changed. This is a way man, I move to strike the last word. probably saved the textile industry we can help that situation. We’ve lost The CHAIRMAN. The gentleman is that continues to struggle to exist in our shoe industry overseas. Much of recognized for 5 minutes. this country. To the extent that this our textiles have gone. We are now Mr. FRELINGHUYSEN. While I am program has been able to save it, the about trying to reclaim some of it. opposed to the gentleman’s amend- research and development that has Now in its 14th year of activity, the ment, I would like to yield him time come out of the textile industry’s re- center has made numerous contribu- because there have been a number of search can largely take credit for that. tions to its constituents, helping to other speakers. I want to commend the Members who keep the textile industry economically Mr. FLAKE. I thank the gentleman represent these areas. And it’s not one viable by providing a knowledge-based, for yielding. I’ll be very brief. area. It’s not two areas. There are competitive, cutting-edge opportunity. One of the gentlemen mentioned that eight universities involved in this, fo- It enjoys widespread industry support we in Congress simply shouldn’t let the cusing on this and being ahead of the and a partnership across the States. Federal Government spend this money. problem enough in order to be able to As has been stated already, this in- The last time I checked, we are the fund, promote, and facilitate the re- dustry is still alive. Six hundred thou- Federal Government. We’re one branch search that has allowed the textile in- sand workers in America are still em- of it, and it’s our job to appropriate dustry to be as competitive as it is ployed in the textile industry, contrib- money to another; that is, to actually around the world. It is only research, it uting nearly $60 billion to the national spend that money. We don’t spend that is only new discoveries, it is only new gross domestic product on an annual money here. We don’t write the checks. materials, new ways of manufacturing

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8633 that have allowed the textile industry restoring the free speech rights to consin Right to Life case. It’s an im- in this country to survive. So actually, grass-roots lobbying organizations, portant first step on this floor. It’s one these gentlemen are to be commended, left, right, and center. I encourage my colleagues to support. each and every one of them for their The ruling allows advocacy groups Mr. Chairman, I yield back the bal- foresight in supporting this project. I around the country, like Wisconsin ance of my time. think I heard the textile industry has Right to Life, the freedom to run ads Mr. MOLLOHAN. I move to strike 60,000 employees across this country, to encourage citizens to contact their the last word. and is a $60 billion industry. This is legislators on issues of importance to The CHAIRMAN. The gentleman really a small amount of money which them. And it reasserts the principle from West Virginia is recognized for 5 has had a huge pay-off for the textile that the presumption under the law minutes. industry and the economy of the coun- should be in favor of free expression Mr. MOLLOHAN. Mr. Chairman, the try. It’s a good project, Mr. Chairman. rather than the muzzling of speech. FEC is planning to issue new regula- I yield back the balance of my time. Those of us who hailed this ruling tions to comply with the Supreme The CHAIRMAN. The question is on and welcomed it as a first step toward Court ruling that the gentleman ref- the amendment offered by the gen- the reversal of McCain-Feingold were erence. That issue, with regard to men- tleman from Arizona (Mr. FLAKE). encouraged, but we knew this was not tioning candidates, may be seen in the The amendment was rejected. the end of the story. As the sole House run-up to elections. This amendment AMENDMENT NO. 25 OFFERED BY MR. PENCE plaintiff in the McConnell v. FEC case would not interfere with that process. Mr. PENCE. Mr. Chairman, I offer an that challenged McCain-Feingold, I be- Mr. Chairman, we’ll accept the amend- amendment. lieve we must maintain our effort, ment. The Clerk read as follows: which is to ensure that that about The CHAIRMAN. The question is on Amendment No. 25 offered by Mr. PENCE: McCain-Feingold that intrudes on the the amendment offered by the gen- At the end of the bill, before the short first amendment rights of every single tleman from Indiana (Mr. PENCE). title, insert the following new title: American are challenged. And that’s The amendment was agreed to. TITLE VII—ADDITIONAL GENERAL why I’m on the floor today. AMENDMENT OFFERED BY MR. NADLER PROVISIONS The Pence amendment reaffirms the Mr. NADLER. Mr. Chairman, I offer SEC. 701. None of the funds made available Supreme Court’s ruling in Wisconsin an amendment. by this Act may be used to enforce the Right to Life. It simply states that no The Clerk read as follows: amendments made by subtitle A of title II of funds under this bill can be used to en- Amendment offered by Mr. NADLER: Public Law 107–155. force criminal penalties against any Page 83, after line 6, insert the following The CHAIRMAN. The gentleman organization airing such an issue ad- new section: from Indiana is recognized for 5 min- vertisement. It further prevents crimi- SEC. 529. For ‘‘OFFICE ON VIOLENCE utes. nal penalties attendant to the report- AGAINST WOMEN—VIOLENCE AGAINST (Mr. PENCE asked and was given per- ing requirements associated with the WOMEN PREVENTION AND PROSECUTION PROGRAMS’’ for the Jessica Gonzales Vic- mission to revise and extend his re- airing of such ads. We should not allow marks.) tims Assistance program, as authorized by criminal penalties to be imposed on section 101(b)(3) of the Violence Against Mr. PENCE. Mr. Chairman, I rise citizens for engaging in protected Women and Department of Justice Reauthor- today to offer a very straightforward speech and for not reporting to the ization Act of 2005 (Public Law 109–162), and amendment. It would prohibit funds Government about their protected the amount otherwise provided by this Act appropriated in this bill from being speech. for ‘‘DEPARTMENT OF JUSTICE—GEN- used by the Department of Justice to That is the crux of the Pence amend- ERAL ADMINISTRATION—SALARIES AND enforce the criminal penalties provi- ment. EXPENSES’’ is hereby reduced by $5,000,000. sions of the Bipartisan Campaign Re- Mr. NADLER. Would the gentleman Mr. FRELINGHUYSEN. Mr. Chair- form Act of 2002, commonly known as yield for a question? man, I reserve a point of order. McCain-Feingold. It would, essentially, Mr. PENCE. I’d be pleased to yield. The CHAIRMAN. A point of order is prevent the Justice Department from Mr. NADLER. Is your amendment reserved. using funds to enforce criminal pen- limited to saying you can’t use funds Mr. NADLER. Mr. Chairman, this alties against organizations that make to enforce criminal penalties against amendment will increase the Violence electioneering communications under what the Supreme Court ruled uncon- Against Women Prevention Programs that bill. stitutional, or does it have broader ef- by $5 million intended to fund a spe- The electioneering communications fect against other provisions of the cific provision, namely the Jessica section of McCain-Feingold prohibits McCain-Feingold bill? Gonzalez Victim Assistance Program. the use of corporate or labor union Mr. PENCE. Reclaiming my time, I To offset this cost the Department of funds to finance broadcast advertise- appreciate the gentleman’s question. Justice general activities accounts will ments that include the name or depic- In fairness, my amendment says that be reduced by the same amount, $5 mil- tion of a Federal candidate within 30 no funds may be used to force amend- lion. days of a primary election and 60 days ments made subject to title A of title The Jessica Gonzalez program places before a general election. Basically, it II of Public Law 107–155, which, accord- special victim assistants to act as liai- restricts the first amendment rights of ing to some, is slightly broader than sons between local law enforcement Americans, whether they be in right- the Supreme Court decision. But this is agencies and victims of domestic vio- to-life organizations or the AFL–CIO or the provision of the law that the Su- lence, dating violence, sexual assault other labor organizations, from lob- preme Court essentially struck down. and stalking in order to improve the bying their Representatives and using That’s the crux of the Pence amend- enforcement of protection orders. It de- the airwaves in those days before elec- ment. velops, in collaboration with prosecutions. All of those who claim allegiance to tors, courts and victim service pro- Happily, on June 25 of this year, the the first amendment, I believe, should viders, standardized response policies United States Supreme Court, in the be thrilled with the Wisconsin Right to for local law enforcement agencies, in- case of FEC v. Wisconsin Right to Life, Life decision and support the Pence cluding triage protocols to ensure that ruled unconstitutional this provision of amendment. dangerous or potentially lethal cases the McCain-Feingold law that prohibits I think we still have much to do to are identified and prioritized. the broadcasting of such issue adver- reinstate full first amendment protec- Victims of domestic violence need tisements prior to an election, even if tions to the American people. But I the Jessica Gonzales program because those advertisements reference a Fed- continue to believe we’re badly tram- the current system has undermined the eral candidate, and even if the adver- pled by McCain-Feingold. effectiveness of restraining orders. In tisements have some electoral effect. It But passing the Pence amendment Castle Rock v. Gonzalez, the Supreme was, in a very real sense, Mr. Chair- today in the Congress would simply re- Court held that the police did not have man, a huge victory for the first affirm the essential elements of the a mandatory duty to make an arrest amendment because it’s a major step in Supreme Court’s decision in the Wis- under a court-issued protective order

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8634 CONGRESSIONAL RECORD — HOUSE July 26, 2007 to protect a woman from her violent can be spared for this program, espe- TITLE VII—ADDITIONAL GENERAL husband. This case came as a result of cially in light of the amendments ap- PROVISIONS an incident in 1999 involving the kid- proved last night. SEC. 701. None of the funds made available napping of Ms. Gonzalez’s children by Mr. Chairman, I ask unanimous con- by this Act may be used to enforce section 505 of the USA PATRIOT Act until the De- her estranged husband. Despite her nu- sent to withdraw the amendment. partment of Justice conducts a full review merous pleas to the police to arrest her The Acting CHAIRMAN (Mr. and delivers to Congress a report on the use husband for violating a protection HASTINGS of Florida). Without objec- of National Security Letters to collect infor- order, including providing them with tion, the amendment is withdrawn. mation on U.S. persons who are not sus- information on his whereabouts, the There was no objection. pected to be agents of a foreign power as police failed to do so. Later that night, Mr. SAXTON. Mr. Chairman, I move that term is defined in 50 U.S.C. 1801. Mr. Gonzalez murdered their three to strike the last word. Mr. FRELINGHUYSEN. Mr. Chair- children. The Acting CHAIRMAN. The gen- man, I reserve a point of order. The Jessica Gonzalez Victim Assist- tleman from New Jersey is recognized The Acting CHAIRMAN. The point of ance Program restores some of the ef- for 5 minutes. order is reserved. fectiveness of restraining orders that Mr. SAXTON. I would like to engage Mr. NADLER. Mr. Chairman, I com- the Supreme Court took away with its my distinguished colleague, Chairman mend the chairman of the committee ruling. MOLLOHAN, in a colloquy regarding the for including in this act a provision This is the first opportunity we have importance of supporting ecosystem- that no funds shall be made available had to grow the Jessica Gonzalez Vic- based monitoring to better understand to authorize or issue a National Secu- tim Assistance Program since it was water quality and ecosystem effects on rity Letter, NSL, in contravention of first funded last year after its initial our fisheries. current law. That should go without authorization in the Violence Against U.S. fisheries are experiencing in- saying, but as we have seen, apparently Women Act reauthorization of 2005 in creasing pressure as the near-shore ma- not with the current administration. My amendment asks for an account- order to strengthen the effectiveness of rine ecosystems that sustain them de- ing by the Department of Justice of the restraining orders. teriorate due to human activity and as This program strengthens the effi- FBI’s collection and use of information blooms of jellyfish and other organisms on U.S. persons who are not suspected cacy of restraining orders against the that compete for food with juvenile prevalent matter of domestic violence. of being terrorists or agents of a for- fish like summer flounder grow in fre- eign power before we provide further Tragically, as we know, violence quency and abundance. against women is a pervasive problem funding for the issuance of more Na- which goes beyond class, culture, age tional Security Letters. b 1200 This amendment prohibits funds or ethnic background. Every 9 seconds from being used to issue a National Se- a woman is battered in the United The present trend may well be the curity Letter under the provisions States, and every 2 minutes someone is cause of significant economic harm to coastal communities in various areas amended by section 505 of the PA- sexually assaulted. TRIOT Act until the Department of According to the Department of Jus- along the coast. The lack of rebuilding Justice conducts a full review and de- tice, more than three women are mur- in one of our most important coastal livers a report to Congress on the use dered by their husbands or boyfriends fisheries, summer flounder, may be an example of the downside to managing a of NSLs to collect information on U.S. every day. More than 21⁄2 million fishery without taking into account persons who are not suspected of being women are victims of violence each agents of a foreign power, or terrorists, year, and nearly one in three women the ecosystem impacts on its ability to rebuild. An ecosystem-based approach as that is defined in 50 U.S.C. 1801. experience at least one physical assault The underlying bill asks for the FBI by a partner during adulthood. Many to management requires ecosystem- based monitoring. The use of innova- to conduct a report within 2 months on more cases go unmentioned as women, what has been done to implement the fearing to come forward, leave the as- tive, cost-effective, place-based data collection systems would provide con- inspector general’s recommendations saults unreported. with respect to NSLs. This would sim- The Jessica Gonzalez Victim Assist- tinuous high-quality data on a number of important water quality and biologi- ply ask that that report be more spe- ance Program helps to enforce re- cific and more inclusive and include straining orders and protect women cal parameters that will greatly improve the data which fisheries are man- the following information: who are victims of domestic violence, How many National Security Letters aged. and it is a great step forward from have been issued; what standards are I hope, Mr. Chairman, you will con- when we authorized it 2 years ago and used to determine when to seek infor- sider allocating some of the pro- when we first funded it last year. mation on a person who is not sus- grammatic resources in this bill to sup- Mr. Chairman, we need more funds pected of being an agent of a foreign for this program. I am aware that this port the use of such new technologies power; the current guidance as to what bill, because of the good work of the that hold great promise. is ‘‘relevant’’ to an investigation when chairman and the committee members, Mr. MOLLOHAN. Mr. Chairman, will the targets are not suspected of being includes approximately $430 million to the gentleman yield? agents of a foreign power; how that in- support grants under the Violence Mr. SAXTON. I yield to the gen- formation is stored; how the informa- Against Women Act which is $47 mil- tleman from West Virginia. tion is used; whether the information lion more than the current budget and Mr. MOLLOHAN. Mr. Chairman, I is used; whether that information is $59 million above the President’s mea- thank my colleague from New Jersey ever destroyed; whether that informa- ger request for fiscal year 2008. for bringing this important technology, tion has led to any substantial leads in I’m also aware that in amendments place-based data collection stations, to terrorism cases; whether that informa- we passed last night, we increased my attention. I am pleased to consider tion has ever been used in criminal funding for the Violence Against this funding need as we move forward cases; and whether that information Women Act by about 40 or $45 million, to conference should funds become has led to any adverse government ac- and I hope that some of that will sur- available. tion against people not suspected of vive in conference. Mr. SAXTON. Mr. Chairman, I thank being enemy agents, agents of a foreign And in light of that, I will now with- the chairman very much for his atten- power, or terrorists. draw the amendment, but urge my col- tion to this matter. Almost limitless sensitive private in- leagues to support the CJS appropria- AMENDMENT OFFERED BY MR. NADLER formation from communication pro- tions amount granted to programs that Mr. NADLER. Mr. Chairman, I offer viders, financial institutions, and con- protect women and their families, espe- an amendment. sumer credit agencies can now be col- cially the Jessica Gonzalez Victim As- The Clerk read as follows: lected secretly by simply issuing a Na- sistance Program, and hope that in Amendment offered by Mr. NADLER: tional Security Letter on an FBI field conferences all of these matters are At the end of the bill, before the short director’s simple assertion that the re- hashed out, that a little more money title, insert the following: quest is merely relevant to a national

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8635 security investigation. These commu- terrorists or agents of terrorists before has been asking the Department of nications and records can be of people we provide funding for those broad and Justice questions. I am sure they have. who are U.S. citizens who are not sus- sweeping powers provided under the Perhaps they should even mark up a pected of being agents of a foreign PATRIOT Act. bill to reform the FBI’s use of National power or terrorists. These communica- I urge my colleagues to vote for this Security Letters after they have fur- tions and records can be demanded amendment. ther studied this issue if they feel the without any court review or any court Mr. Chairman, I yield back the bal- reforms made by the FBI are not suffi- approval. Worse yet, the target of the ance of my time. cient to date. NSL will never know that his commu- The Acting CHAIRMAN. Does the Despite past abuses of National Secu- nications and records were inspected gentleman from New Jersey continue rity Letters, we know that they are an by government agents because the to reserve his point of order? important intelligence tool. We also company, the financial agent, the serv- Mr. FRELINGHUYSEN. Yes, I do in- know that al Qaeda has reestablished ice provider, the bank is barred by law sist on my point of order, Mr. Chair- its central organization, training infra- from telling him or anyone else of the man. structure, and lines of global commu- demand. And as we know from the FBI Mr. MACK. Mr. Chairman, I move to nications, and that the National Intel- inspector general’s audit, this broad strike the last word. ligence Estimate has put the United discretion has been abused by the FBI, The Acting CHAIRMAN. The gen- States, in the words of that estimate, whose agents may have violated either tleman from Florida is recognized for 5 ‘‘in a heightened threat environment the law or internal rules more than minutes. status.’’ Taking away this important 1,000 times while misusing the author- Mr. MACK. Mr. Chairman, I rise to intelligence tool, these National Secu- ity to issue National Security Letters. briefly lend my support to the conserv- rity Letters, from the Department of This recent IG report heightens the ative goal of congressional oversight. Justice while they compile a report, clear need for more adequate checks on I have heard from many individuals given this heightened threat environ- the FBI’s investigatory powers with re- and business leaders about section 505. ment, is not prudent. The use of Na- spect to NSLs. The FBI has far-reach- It has caused the financial services sec- tional Security Letters is a very im- ing compulsory powers to obtain docu- tor to work overtime in complying portant issue that should be considered ments in terrorism investigations with the section, and it has laid the carefully and not debated for a few without NSLs. In criminal investiga- foundation for an explosion in the use minutes on an appropriations bill. tions the FBI can obtain a search war- of National Security Letters. I urge rejection of the amendment, rant if there is a judicial finding of Section 505 allows the executive and I insist on my point of order. probable cause or a grand jury sub- branch to bypass the Constitution’s POINT OF ORDER poena issued under the supervision of a procedures for search warrants and The Acting CHAIRMAN. The gen- judge and a U.S. attorney. And in grants authority that Congress has a tleman will state his point of order. international terrorism cases, the FBI legitimate interest and role in moni- Mr. FRELINGHUYSEN. Mr. Chair- has sweeping authority to obtain toring. man, I make a point of order against records under section 215 of the PA- This amendment simply asks the the amendment because it proposes to TRIOT Act, all this separate from DOJ to conduct a review of their ac- change existing law and constitutes NSLs. tivities and ensure that the civil lib- legislation on an appropriations bill I intend to introduce this week, with erties of law-abiding Americans are not and therefore violates clause 2 of rule Congressman FLAKE, the National Se- getting swept up in the process of keep- XXI. curity Letters Reform Act of 2007 to ing our Nation safe. The rule states in pertinent part: address more fully the issues presented Mr. Chairman, we all agree that pro- ‘‘An amendment to a general appro- by section 505 of the National Security tecting this country is a top priority, priation bill shall not be made in order Letters. but alongside that should be ensuring if changing existing law imposes addi- The bill would restore a pre-PA- that our freedom is not threatened tional duties.’’ TRIOT Act requirement that the FBI along the way. The best way this body I ask for a ruling from the Chair. make a factual, individualized showing can do that is through smart and direct The Acting CHAIRMAN. Does the that the records sought pertain to a oversight. This amendment calls for gentleman from New York wish to be suspected terrorist or spy. It also gives that. heard on the point of order? the recipient of a National Security Mr. Chairman, I yield back the bal- Mr. NADLER. Yes. Upon reflection Letter an opportunity to obtain legal ance of my time. upon the rules, the gentleman is quite counsel. It thus preserves the constitu- The Acting CHAIRMAN. The gen- correct in his reading of the rules, and tional right to their day in court. tleman from New Jersey continues his I cannot object to his objection. Already courts have found part of the reservation. I do express the hope that in the re- NSL authority to be too broad and un- The gentleman from New Jersey is port that the underlying bill demands constitutional. The provisions that recognized for 5 minutes. that they will include the information state that NSL recipients are forbidden Mr. FRELINGHUYSEN. Mr. Chair- requested by this amendment. from disclosing the demand to the tar- man, I rise in opposition to this amend- The Acting CHAIRMAN. The Chair is geted individual and are forbidden even ment, and I reserve a point of order. prepared to rule. from consulting with an attorney have The FBI’s use of National Security The Chair finds that this amendment already been struck down. Another Letters is a very important issue. It imposes new duties on the Secretary to court found the NSL authority to be should be addressed by authorizing conduct a full review and deliver a re- unconstitutional on its face because it committees. I would like to point out, port. The amendment therefore con- violates the fourth amendment’s pro- which I know the sponsor knows, that stitutes legislation in violation of tection against unreasonable searches it is his Judiciary Committee that is clause 2 of rule XXI. and seizures. the authorizing committee, and I re- The point of order is sustained and The National Security Letters Re- spect that, and I know he exercises a the amendment is not in order. form Act of 2007 would allow the FBI to very powerful position on that com- Mr. SHAYS. Mr. Chairman, I move to continue issuing National Security mittee. strike the last word. Letters by correcting the constitu- This amendment requires the Depart- The Acting CHAIRMAN. The gen- tional deficiencies in the law. This bill ment of Justice to report on its use of tleman from Connecticut is recognized would enable the FBI to obtain docu- National Security Letters before they for 5 minutes. ments that it legitimately needs, while can issue any new National Security Mr. SHAYS. Mr. Chairman, Congress- protecting the privacy of law-abiding Letters. As we all know, the Depart- man PENCE offered an amendment to American citizens. ment of Justice Inspector General re- the fiscal year 2008 Commerce, Justice, I ask that my colleagues vote for this leased a report on the FBI’s abuse of and Science Appropriations Act, the amendment so that we can protect the the National Security Letters in bill we are debating today, just an privacy of U.S. persons who are not March. I hope the Judiciary Committee amendment before, to prohibit funds in

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8636 CONGRESSIONAL RECORD — HOUSE July 26, 2007 the bill from being used to enforce the I will ask for a rollcall vote. There It brings up the question, if we fund criminal penalty provisions of the bi- will be a rollcall vote. The question is, earmarks to study industries or to help partisan Campaign Reform Act of 2002, should it be a 15-minute rollcall vote or industries that are in dire straits and provisions dealing with electioneering a 2-minute rollcall vote. I would prefer we fund earmarks to fund industries communications. This was debated and it be part of the whole system. that are doing quite well, why not ev- accepted by a voice vote. Mr. Chairman, at this time, I’m ask- erything in between? What is to stop us It is my intention to ask that that ing unanimous consent that the adop- from going ahead and funding every vote be vacated so it can be part of the tion by voice of the amendment offered private industry and their associations 2-minute voting process. And failing by the gentleman from Indiana (Mr. that are represented here or elsewhere? that, I will just ask that the vote be PENCE) be vacated, to the end that the It simply doesn’t make sense to me. heard in the full Chamber, which would Chair put the question de novo. According to the National Oceanic take 15 minutes. I am not trying to slip The Acting CHAIRMAN. Is there ob- and Atmospheric Administration, the one by someone. I just simply want a jection to the request of the gentleman Federal agency that manages the con- rollcall vote on the floor of the House. from Connecticut? ditions of the oceans and the atmos- Why do I want a rollcall vote? I want Mr. FRELINGHUYSEN. Reserving phere, the U.S. seafood harvest has pro- a rollcall vote because the Supreme the right to object, Mr. Chairman, I duced increasingly higher yields since Court did not rule against the provi- would like to ask Mr. SHAYS of Con- 2000. This is in addition to increased sion of Title II. It did not say that necticut, who has done a good job of ar- consumer demand for seafood based on BCRA was unconstitutional as it re- ticulating his concerns, if we could new dietary guidelines. lated to Title II. Rather, it stated the reach out to the gentleman from Indi- I grew up on a cattle ranch on a farm, provisions were unconstitutional as ana as a courtesy before he proceeds. and I don’t want anybody to accuse me they applied to certain advertisements. Mr. SHAYS. I think that’s fair. And I of favoring beef over seafood or shell- This ruling means Title II will still be would be permitted to reoffer my mo- fish. I don’t. I like both. But in this applied on a case-by-case basis. tion as soon as Mr. PENCE or others case, it seems to me the Congress is Now, what did the campaign finance have been consulted. May I have the reform bill seek to do? It sought to do again picking winners and losers here. right to reintroduce this? We’re saying we’re favoring one par- two things. One, it sought to prevent The Acting CHAIRMAN. The gen- ticular industry, be it textiles, be it Members of Congress from raising tleman may renew his request. money from corporations, labor unions, Mr. SHAYS. Mr. Chairman, I would shellfish, and the only way to not do and unlimited sums from individuals in withdraw my request at this time. that is to give earmarks to every industry out there. And I just don’t think what we call ‘‘hard money.’’ AMENDMENT OFFERED BY MR. FLAKE Mr. FLAKE. Mr. Chairman, I offer an that we can. We simply can’t afford b 1215 that. The taxpayer needs a break here. That meant to enforce the 1907 law amendment. The Clerk read as follows: So, with that, Mr. Chairman, I yield that banned corporate treasury money; back the balance of my time. Amendment offered by Mr. FLAKE: the Tillman Act, the 1947 law banning At the end of the bill, before the short Ms. DELAURO. Mr. Chairman, I move union dues money; the Taft-Hartley title, insert the following new title: to strike the last word. Act; and the 1974 act, the Campaign Fi- TITLE VII—ADDITIONAL GENERAL The Acting CHAIRMAN. The gentle- nance Reform bill, that made it clear PROVISIONS woman from Connecticut is recognized you could not get unlimited sums from SEC. 701. (a) LIMITATION ON USE OF FUNDS.— for 5 minutes. individuals. That was one part of the None of the funds made available by this Act Ms. DELAURO. I rise to strongly op- legislation. may be used for the East Coast Shellfish Re- pose the Flake amendment. The other part of the legislation at- search Institute at the East Coast Shellfish This year, the Congress has worked tempted to deal with hard money con- Growers Association, Toms River, New Jer- diligently to reform the earmark proc- tributions. These are monies from cor- sey. ess and significantly increase trans- porations, from unions, dues, from in- (b) CORRESPONDING REDUCTION IN FUNDS.— The amount otherwise provided by this Act parency. We targeted a decade of abuse, dividuals, unlimited sums. And the way while still protecting Members’ ability we sought to do that was we sought to for ‘‘National Oceanic and Atmospheric Ad- ministration—Operations, Research, and Fa- to direct critical funds to important do it by saying that a candidate’s name cilities’’ is hereby reduced by $250,000. projects and to ensure they remain in mentioned 30 days before an election, a Mr. FLAKE. Mr. Chairman, I will be the public interest. This earmark primary, and 60 days before a general very brief here. meets that obligation. election would be deemed campaign ex- This amendment would simply strike The East Coast Shellfish Research penditures; therefore, no so-called $250,000 for the East Coast Shellfish Re- Institute is a nonprofit entity. It dis- ‘‘soft money,’’ the unlimited sums from search Institute. tributes funds to the National Oceano- individuals, corporations and labor We just debated an earmark a few graphic and Atmospheric Administra- unions, and it sought to say it had to minutes ago with regard to the textile tion’s Fisheries Lab in Milford, Con- be hard money contributions. So, Right industry, and we were told that we necticut, to conduct vital research to Life would have to raise $5,000 from needed this earmark because the tex- about the shellfish industry. each individual, put it in a political ac- tile industry is in such dire straits and I understand that the gentleman tion committee, and it could spend un- has been affected by international from Arizona is from a State that is limited sums based on whatever it landlocked. For those of us who are in raised in their PAC. For instance, the competition and incomes are down and Connecticut, Louisiana, South Caro- NRA, it has 4 million members, raises jobs have been lost. With regard to the shellfish industry, $10,000 from each. It could spend $40 lina, Texas and other areas that this you have the opposite; you have an in- million up to an election. It would be lab meets the needs for, we rely on a hard money, not soft. dustry that is actually doing quite healthy shellfish industry. This is a And so my point is the Supreme well. According to the East Coast small investment. It goes a long way Court has found the campaign finance Shellfish Growers Association, this is and pays big dividends for this entire law constitutional. It had a second the administrative organization that country. We keep the industry com- issue looking at these election-nearing would receive the earmark, there are petitive, spurring significant sustain- provisions, 30 days before a primary 1,300 members of the association with a able growth, and strengthening com- and 60 days before general legislation, combined revenue of approximately $80 munities around the country. and determined the case before it, the million this last year. This revenue The Milford Lab and others per- Wisconsin Right to Life case v. the averages more than $60,000 per shellfish forming similar research, such as FEC, was, in fact, permitted, and, farmer, far more than the median Stony Brook University and the Vir- therefore, the FEC needs to rewrite its household income in the country. Ac- ginia Institute of Marine Science, are regulations. cording to the U.S. Census Bureau, the national assets. They provide shellfish It is my intention, Mr. Chairman, to median household income is around hatcheries with pioneering research ask for a rollcall vote, and let me just $44,000. So we have $60,000 in this indus- and the tools to fight predators and state again why I’m doing this. try as opposed to $44,000 nationwide. disease, keep business profitable to

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8637 promote efficient, environmentally district. They do some good work. ceedings on the amendment offered by sound farming techniques. They work with other institutes the gentleman from Arizona will be The shellfish aquaculture industry is around the Nation. And so I strongly postponed. an economic powerhouse and a poten- support the retention of the language AMENDMENT OFFERED BY MR. FOSSELLA tial source of tremendous growth. The on this project in the bill. Mr. FOSSELLA. Mr. Chairman, I east coast, which relies on this indus- Mr. Chairman, I yield back the bal- offer an amendment. try, is home to more than 13,000 small ance of my time. The Clerk read as follows: Mr. LARSON of Connecticut. Mr. shellfish farmers. Yes, the annual har- Amendment offered by Mr. FOSSELLA: vests are valued at nearly $80 million. Chairman, I move to strike the last At the end of the bill (before the short The per-acre yields from shellfish word. title), insert the following: aquaculture are among the highest of The Acting CHAIRMAN. The gen- TITLE VII—ADDITIONAL GENERAL any form of agriculture. And I might tleman is recognized for 5 minutes. PROVISIONS Mr. LARSON of Connecticut. Mr. add, this is agriculture; we just farm SEC. 701. None of the funds made available fish. And the industry provides thou- Chairman, I rise in strong opposition of in this Act may be used to carry out the de- sands of jobs in rural areas. It supports the Flake amendment, and I wish to cision of the United States Court of Appeals related industries such as boat build- associate myself with the remarks of for the Second Circuit in Lin, et al. v. United ing, outboard repair, tourism and shell- the distinguished lady from Con- States Department of Justice rendered on fish processing. necticut (Ms. DELAURO). I think she July 16th, 2007. You know, today the U.S. now im- has articulated and laid out very elo- Mr. FOSSELLA (during the reading). ports 80 percent of the seafood that we quently the argument, an argument Mr. Chairman, I ask unanimous con- consume. Some of the worst food safety that is put forward on this floor that sent that the amendment be considered scares in recent weeks have come from makes all the sense in the world, espe- as read and printed in the RECORD. seafood shipped from foreign shores. cially as we seek, in the ensuing days The Acting CHAIRMAN. Is there ob- We should be building American busi- and next week, to talk about farmers jection to the request of the gentleman nesses and providing an environment and, in essence, fishermen. from New York? where more home-grown, safe seafood I don’t think there is any greater There was no objection. can reach the American public. These representation of the American way Mr. FOSSELLA. Mr. Chairman, my funds will turn research into results, and the American way of life and rug- amendment is designed to prevent the making scientific information and in- ged individualism than through the Department of Justice from enforcing a novation possible, benefiting shellfish eyes of people that labor in agriculture decision made recently by the Second producers nationwide, not only in Con- or aquaculture. Circuit Court of Appeals in New York. necticut, but Louisiana, Texas, South And so, when you take a look at this Many of us know of the policy in China Carolina, Washington State and, yes, very modest earmark so eloquently de- of forced sterilization and forced abor- other northeastern States. fended by Ms. DELAURO, it is surprising tions, and this decision recently really You know, if my colleagues truly be- to me, especially as someone who is the ties into that. lieve in supporting families and farm- co-Chair of the Congressional Shellfish As we also know, the Illegal Immi- ers, harnessing innovation, strength- Caucus, that this amendment would be gration Reform and Immigrant Respon- ening our economy, this policy is com- drawn against such a regional way of sibility Act of 1996 clearly stated that mon sense. looking and promoting and fostering Chinese nationals are eligible for asy- I urge my colleagues to oppose the aquaculture and making sure, espe- lum if they’re subjected to forced abor- Flake amendment. cially in light of the concerns that Ms. tions or sterilization procedures in Mr. Chairman, I yield back the bal- DELAURO raises with regard to foreign China. entities importing into our country ance of my time. b 1230 Mr. MOLLOHAN. Mr. Chairman, I without the kind of care and caution move to strike the last word. that we know comes from home-grown A decade of Department of Justice The Acting CHAIRMAN. The gen- fisheries, and in this case, shellfish, policy has held that spouses or unmar- tleman from West Virginia is recog- and the science behind this and the ried partners of those subject to brutal nized for 5 minutes. coming together. treatment are also eligible. Mr. MOLLOHAN. Mr. Chairman, Government operates best when it Recently in Lin, et al., v. The United under this project, funds would be used operates as a collective enterprise, and States Department of Justice, the sec- to support the East Coast shellfish this process here, contrary to what the ond circuit overturned years of that aquaculture industry. I think the gentleman is saying, is most demo- policy and previous judicial decisions gentlelady has eloquently stated the cratic in terms of representing those allowing Chinese men to claim asylum merits of this request. The committee fishermen and those farmers who rare- if their wife or partner is subject to a has looked at it, vetted it, spent hours ly get a chance to come to this floor forced sterilization in China. going over all projects, including the themselves. But through their rep- Less than 1 month before the second gentlelady’s, who serves as a distin- resentative process, whether it’s Puget circuit handed down their decision, the guished member of our subcommittee, Sound or whether it’s Long Island third circuit came to the exact oppo- and we strongly support this project Sound, from coast to coast, we make site assertion in Jiang v. The Attorney and oppose the amendment. sure that their concerns get rep- General of the United States, where Mr. Chairman, I yield back the bal- resented and that there is an oppor- they clearly upheld the decade-old pol- ance of my time. tunity, through this earmark, to make icy of the Department of Justice grant- Mr. FRELINGHUYSEN. Mr. Chair- sure that we provide them with the ing asylum to spouses of those phys- man, I move to strike the last word. necessary research to continue to fos- ically harmed by China’s policy. The Acting CHAIRMAN. The gen- ter and grow. The chilling effect of the second cir- tleman from New Jersey is recognized Mr. Chairman, I yield back the bal- cuit’s decision is already being felt in for 5 minutes. ance of my time. States covered by the second circuit. Mr. FRELINGHUYSEN. Mr. Chair- The Acting CHAIRMAN. The ques- Just 1 day after the second circuit man, let me say I am in accord with tion is on the amendment offered by handed down its decision, an immigra- Chairman MOLLOHAN in terms of sup- the gentleman from Arizona (Mr. tion judge in Manhattan was bound to porting the mark we have in the bill, FLAKE). order the removal of an individual be- and I also support Congresswoman The question was taken; and the Act- cause her claim of asylum was based on DELAURO. ing Chairman announced that the noes the fact that her husband was a victim From a New Jersey perspective, in appeared to have it. of the forced sterilization. the interest of transparency, I rise in Mr. FLAKE. Mr. Chairman, I demand The lady had three children in viola- support of the work of the East Coast a recorded vote. tion of China’s barbaric population Shellfish Research Institute of Tom’s The Acting CHAIRMAN. Pursuant to control policies, keeping the first two River in Congressman JIM SAXTON’s clause 6 of rule XVIII, further pro- hidden from the government. Upon the

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8638 CONGRESSIONAL RECORD — HOUSE July 26, 2007 birth of her third child, the Chinese I found myself pregnant in early 1993. We order of a court destroys, undermines, Government became aware of her vio- wanted to have more children so I went to and subverts the rule of law in this lation of the law and came to her home stay in my brother’s home. I gave birth to a country. We cannot subvert the rule of to force her to undergo sterilization. girl named Chen, Xi and another girl named Chen, Yu on September 18, 1993 and Decem- law in this country by denying funds to Due to the complications from her ber 10, 1996 respectively with help of mid- carry out an order of the court. third birth, the doctor was unable to wives in my brother’s home. If we don’t agree with the order of perform the sterilization, so the gov- I was pregnant again in October 1999 and the court, and I agree, I certainly don’t ernment simply seized her husband and during the late term of the pregnancy, I agree with the order of the court in sterilized him. often experienced pain in my abdomen area. this case, it is terrible, we ought to The judge in her case was sympa- I dared not to seek medical examinations in change the law. That is why we have a hospitals so I went to a private doctor but thetic to her story and indicated his Congress. That is our job. Let’s change wish to grant her asylum; however, he was refused treatment by the private doctor. The private doctor suggested that I should the law. felt that his hands were tied by the sec- go to a hospital. In the morning of June 12, If the court interprets the law wrong- ond circuit’s decision just 24 hours 2000, around four o’clock in the morning, my ly, as it has, in my opinion, along with prior. water broke. My husband rushed to locate a the gentleman, we ought to put in a Mr. Chairman, I will include the en- midwife for help. When the midwife learned bill, change the law and clarify it. I tire story for the RECORD. about the frequent pain I had during the last think that bill would sail through here We also have heard from many immi- phase of my pregnancy, she refused to de- pretty quickly in all likelihood. That gration lawyers. In light of this deci- liver my child but urged us to go to the hospital. My husband had to take me to Fu is the way to do it. sion, many immigration lawyers are But to make an amendment to say no actively recommending to their clients Zhou City No. 1 hospital immediately. I gave birth to our third child, a son named Chen, funds appropriated may be used to en- who are seeking asylum based on such Qi on June 12, 2000. force the court order, what’s next? A inhumane treatment to leave the During the delivery of my third child, I different court order that we dislike? States covered by the circuit in order had bled severely. I had to stay in the hos- That subverts the rule of law. It is the to avoid expulsion. pital for about a week. I was diagnosed with wrong way to go. Chinese nationals make up the larg- hysteromyoma and the doctor gave me medi- Mr. Chairman, I hope this amend- est number of asylum seekers in the cine and injection as well. I was told to re- ment is not agreed to. United States. Between 2000 and 2005, turn to the hospital to check up half year later. Mr. MOLLOHAN. Mr. Chairman, will 35,000 of the 157,000 asylum seekers I brought my newborn baby to my moth- the gentleman yield? came from China. It is unclear how er’s home to stay after being released from Mr. NADLER. I yield to the gen- many were petitioning solely due to the hospital and left our two daughters to tleman from West Virginia. China’s brutal population-control poli- my brother and his wife to take care of. Mr. MOLLOHAN. Mr. Chairman, I to- On October 9, 2000, six family planning cad- cies. tally agree with the gentleman with re- In her dissenting opinion in the sec- res came to my mother’s home and forcibly gard to the appropriate forum to deal ond circuit case, Judge Sonya taken me to Lian Jiang County Family Planning Service Station and when the doc- with this issue. We will count on the Sotomayor made the point well when tor tried to perform the sterilization oper- gentleman to move that and get it to she wrote, ‘‘The majority clings to the ation, they found out the leiomyoma in my the floor even before we get to con- notion that the persecution suffered is uterus was too big and they dared not to conference so that it will be a good result. physically visited upon only one tinue with the operation. Mr. FOSSELLA. Mr. Chairman, will spouse. But this simply ignores the The family planning cadres detained me at the family planning office and went to my the gentleman yield? question of whom exactly the govern- Mr. NADLER. I yield to the gen- ment was seeking to persecute when it husband’s work unit. They took my husband to Fu Zhou No. 2 Hospital and sterilized him. tleman from New York. acted. The harm is clearly directed at I was released afterwards. We were fined Mr. FOSSELLA. Mr. Chairman, we the couple who dared to continue an 20,000 on February 3, 2002. are all on the same page as to the deci- unauthorized pregnancy in hopes of en- I came to the U.S. on April 11, 2001 and re- sion itself. The consequence of what we larging the family unit.’’ turned to China on October 3, 2001. I came to are trying to offer this amendment for To me it is clear that the effects of U.S. again on February 9, 2006. is to delay the deportation that is al- China’s brutal forced sterilization pro- Mr. MOLLOHAN. Mr. Chairman, I ready occurring in the second circuit. move to strike the last word. cedures do not harm only the mother, Mr. Chairman, the gentleman from The Acting CHAIRMAN. The gen- but also the father, or vice versa. If the New York and I share the second cir- tleman from West Virginia is recog- Second Circuit Court of Appeals can’t cuit as members of the New York City recognize that, then I feel it is our re- nized for 5 minutes. Mr. MOLLOHAN. Mr. Chairman, we delegation, but what we are trying to sponsibility to protect such asylum do is at least provide a stopgap meas- seekers either until there is a con- have no objection. We accept the amendment. ure. We know quite clearly that just 24 sistent national policy, or Congress hours after this decision was reached, a considers a legislative remedy if nec- Mr. NADLER. Mr. Chairman, I rise in opposition to the amendment. young lady, and perhaps her whole essary. family, will be sent back to China. We The second circuit’s opinion, as we The Acting CHAIRMAN. The gen- are looking for a consistent policy. mentioned, recognizes the split. There tleman from New York is recognized Mr. Chairman, I would be happy to are contrary decisions in the third, for 5 minutes. work towards a legislative remedy, but sixth, seventh and ninth circuits be- Mr. NADLER. Mr. Chairman, I en- until that time, we are trying to keep tween 2002 and 2007. tirely agree with the gentleman from Mr. Chairman, I include for the New York. I entirely agree with the people here who want to seek and enjoy the American dream. RECORD the statement on Jiang purpose of this amendment. The prob- Mr. NADLER. Mr. Chairman, re- Meijiao. lem I have with this amendment is claiming my time, I will be happy to STATEMENT that, as I understand it, it says no work with the gentleman and anyone My name is Jiang, Meijiao. I was born on funds may be spent to enforce a court August 19, 1967 in Lian Jiang County, Fu decision. else who will try to effectuate this pol- Jian Province, P. R. China. I started school If that is what this amendment says, icy. I would hope that the gentleman at the age of nine and stopped going to and I just heard it briefly, then it is and others and I can address the ad- school after the second year of junior high. I the wrong way to do it. We have to put ministration and urge them for the stayed home to help with family chores in a bill. I am sure the Judiciary Com- next few weeks that it may take for afterwards. mittee will entertain, I assume would the Congress to act, for the administra- My husband and I were junior high school- entertain it quickly, to clarify the law tion to withhold action, that they mates. We held a traditional wedding cere- should not engage in deportations. mony on January 1, 1991. We were only al- and say that that is not what the law lowed to have only one child according to is, and that what the gentleman seeks Now, I hope that comity with the ad- the family planning policy because my hus- to do we ought to do legislatively. ministration would allow them to band belonged to city household and worked But the idea of saying we will not delay a little on enforcing. After all, in a government work unit. permit funds to be used to carry out an the court didn’t say, ‘‘You must.’’ The

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8639 court didn’t say, ‘‘You must deport chair, Mr. HASTINGS of Florida, Acting An amendment by Mr. PRICE of Geor- these people.’’ It said, ‘‘You may de- Chairman of the Committee of the gia reducing funds in the bill, which port these people.’’ It is up to the ad- Whole House on the state of the Union, shall be debatable for 30 minutes; ministration to determine that. reported that that Committee, having An amendment by Ms. LINDA T. So I would hope that the administra- had under consideration the bill (H.R. SA´ NCHEZ of California regarding the tion would delay for the few weeks it 3093) making appropriations for the De- State Criminal Alien Assistance Pro- may take for Congress to show our will partments of Commerce and Justice, gram; on this matter and that we don’t agree and Science, and Related Agencies for An amendment by Mr. TANCREDO or with the court. But, again, I hope this the fiscal year ending September 30, Mr. HUNTER limiting funds for the Se- amendment doesn’t pass because it sets 2008, and for other purposes, had come curity and Prosperity Partnership; a terrible precedent. It may even be un- to no resolution thereon. An amendment by Mr. UPTON, Ms. constitutional. I am not sure. f But clearly we don’t want to start HARMAN, Mr. LIPINSKI, or Mr. INGLIS of passing bills that say you can’t enforce PROVIDING FOR FURTHER CONSID- South Carolina regarding use of Energy a court order, because once you start ERATION OF H.R. 3093, COM- Star certified light bulbs; down that road, where do you end? But MERCE, JUSTICE, SCIENCE, AND An amendment by Mr. WELDON of I certainly do anticipate working to RELATED AGENCIES APPROPRIA- Florida limiting Community Oriented make sure that nobody is deported TIONS ACT, 2008 Policing funds for State and local gov- under this. I hope the administration Mr. MOLLOHAN. Mr. Speaker, I ask ernments acting in contravention of will delay that, and we can move legis- unanimous consent that, during fur- section 642 of the Illegal Immigration lation quickly on that. ther consideration of H.R. 3093 in the Reform and Immigrant Responsibility The Acting CHAIRMAN. The ques- Committee of the Whole pursuant to Act; tion is on the amendment by the gen- House Resolution 562, notwithstanding An amendment by Mr. WELDON of tleman from New York (Mr. FOSSELLA). clause 11 of rule XVIII, no further Florida or Mr. KING of Iowa limiting The amendment was agreed to. amendment to the bill may be offered State Criminal Alien Assistance Funds Mr. SHAYS. Mr. Chairman, I would except: for State and local governments acting like to renew my unanimous consent Pro forma amendments offered at in contravention of section 642 of the and say to my colleagues that I have any point in the reading by the chair- Illegal Immigration Reform and Immi- spoken to the author of the amend- man or ranking minority member of grant Responsibility Act; the Committee on Appropriations or ment, and he agrees with it. My unani- An amendment by Mr. KING of Iowa mous consent is that the adoption by their designees for the purpose of de- limiting State Criminal Alien Assist- voice vote of the amendment offered by bate; ance Funds for State and local govern- An amendment by Mr. PRICE of Geor- the gentleman from Indiana (Mr. ments unless certain reporting require- gia regarding funding for the Executive PENCE) be vacated, to the end that the ments are met; Chair put the question de novo. Office of Immigration Review; An amendment by Mr. KING of Iowa The Acting CHAIRMAN. Is there ob- An amendment by Mr. CAMPBELL of regarding a study of aliens in prison; jection to the request of the gentleman California reducing funds in the bill by from Connecticut? 0.05 percent, which shall be debatable An amendment by Mr. KING of Iowa There was no objection. for 30 minutes; limiting funds to employ workers de- The Acting CHAIRMAN. The ques- An amendment by Mr. CAPUANO re- scribed in section 274A of the Immigra- tion is on the amendment offered by garding funding for young witness as- tion and Nationality Act; the gentleman from Indiana (Mr. sistance; An amendment by Mr. KING of Iowa An amendment by Mr. CONAWAY re- PENCE). limiting funds for the Institute for Sci- The question was taken; and the Act- garding use of reductions made entific Research, the West Virginia ing Chairman announced that the noes through amendment for deficit reduc- High Tech Consortium Foundation, the appeared to have it. tion; Vandalia Heritage Foundation, the An amendment by Mr. GARRETT of Mr. SHAYS. Mr. Chairman, I demand MountainMade Foundation; or the New Jersey limiting funds for attend- a recorded vote. Canaan Valley Institute; and The Acting CHAIRMAN. Pursuant to ance at international conferences; An amendment by Mr. INSLEE regard- An amendment or amendments by clause 6 of rule XVIII, further pro- ing Federal law enforcement on tribal Mr. MOLLOHAN regarding funding lev- ceedings on the amendment offered by land; els. the gentleman from Indiana will be An amendment by Ms. JACKSON-LEE Each such amendment may be offered postponed. of Texas regarding the early release of only by the Member named in this re- Mr. MOLLOHAN. Mr. Chairman, I prisoners; quest or a designee, shall be considered move very slowly to strike the last An amendment by Ms. JACKSON-LEE as read, shall not be subject to amend- word. of Texas regarding transit workers’ ac- ment except that the chairman and The Acting CHAIRMAN. The gen- cess to interoperable communications; ranking minority member of the Com- tleman from West Virginia is recog- An amendment by Ms. JACKSON-LEE mittee on Appropriations and the Sub- nized for 5 minutes. of Texas regarding the safety of the committee on Commerce, Justice, Mr. MOLLOHAN. Mr. Chairman, we International Space Station; Science, and Related Agencies each are awaiting the arrival of the unani- An amendment by Mr. JORDAN of may offer one pro forma amendment mous consent, which has been a long Ohio reducing funds in the bill by 3 per- for the purpose of debate; and shall not time coming, and it is still slow in ar- cent, which shall be debatable for 30 be subject to a demand for division of riving. Once it gets here, it will facili- minutes; the question in the House or in the tate and speed up our business for the An amendment by Mr. MACK or Mr. Committee of the Whole. day. It will allow us to, in an orderly FLAKE limiting funds for certain FBI Except as otherwise specified, each fashion, finish our business on CJS, not letters unless certain reporting re- as expeditiously as we would like. If he amendment shall be debatable for 10 quirements are met; minutes, equally divided and con- hadn’t just arrived, I would have been An amendment by Mr. MCHENRY lim- trolled by the proponent and an oppo- asking my ranking minority member iting funds to award a grant or con- nent. An amendment shall be consid- to get up and contribute to this. tract on the basis of race, ethnicity or ered to fit the description stated in Mr. Chairman, I yield back the bal- sex; this request if it addresses in whole or ance of my time, and I move that the An amendment by Mrs. MUSGRAVE re- Committee do now rise. ducing funds in the bill by 0.5 percent, in part the object described. The motion was agreed to. which shall be debatable for 30 min- The SPEAKER pro tempore. Is there Accordingly, the Committee rose; utes; objection to the request of the gen- and the Speaker pro tempore (Mr. An amendment by Mr. OBEY regard- tleman from West Virginia? MORAN of Virginia) having assumed the ing earmarks; There was no objection.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8640 CONGRESSIONAL RECORD — HOUSE July 26, 2007 COMMERCE, JUSTICE, SCIENCE, 543. It is in the public’s interest to distances involved, lack of resources and the AND RELATED AGENCIES APPRO- prosecute crimes committed against cost of hauling witnesses and defendants to PRIATIONS ACT, 2008 Native women, including domestic vio- federal court. In the past two decades, only lence, sexual assault, stalking and dat- 30% of tribal-land crimes referred to U.S. at- The SPEAKER pro tempore. Pursu- torneys were prosecuted, according to Jus- ant to House Resolution 562 and rule ing violence. As they take on this task, tice Department data compiled by Syracuse XVIII, the Chair declares the House in I also urge them to consult with tribes University. That compares with 56% for all the Committee of the Whole House on as practiced and required under Execu- other cases. The result: Many criminals go the state of the Union for the further tive Order 13175. unpunished, or minimally so. And their vic- consideration of the bill, H.R. 3093. As we know, there are 4 million tims remain largely invisible to the court American Indian and Alaska Native system. b 1248 people throughout the United States, The justice gap is particularly acute in do- and jurisdictional questions today are mestic-violence cases. American Indians an- IN THE COMMITTEE OF THE WHOLE nually experience seven sexual assaults per Accordingly, the House resolved preventing the enforcement of Federal 1,000 residents, compared with three per 1,000 itself into the Committee of the Whole laws. Indian women suffer 21⁄2 times among African-Americans and two per 1,000 House on the state of the Union for the more domestic violence and 31⁄2 times among whites, says the Justice Department. further consideration of the bill (H.R. more sexual assaults than the rest of The acts are often committed by non-Indians 3093) making appropriations for the De- the American population. An Amnesty living on tribal land whom tribal officials partments of Commerce and Justice, International report showed that 86 cannot touch. Local prosecutors say members of Indian communities have such low and Science, and Related Agencies for percent of these crimes are committed by non-Indian men, and the law pre- expectations about securing a prosecution the fiscal year ending September 30, that they often don’t bother filing a report. 2008, and for other purposes, with Mr. vents Tribal courts from prosecuting ‘‘Where else do you ask: How bad is the HASTINGS of Florida (Acting Chairman) them. crime, what color are the victims and what in the chair. As a former prosecutor, I was color are the defendants?’’ asks Mr. The Clerk read the title of the bill. shocked that the majority of criminals Kilbourne, who has prosecuted cases on The Acting CHAIRMAN. When the go unpunished. Justice Department Cherokee lands since 2001. ‘‘We would not Committee of the Whole rose earlier data compiled by Syracuse University allow this anywhere else except Indian country.’’ today, the bill had been read through showed that in two decades, only 30 The lack of prosecutorial discretion is one page 85, line 24. percent of tribal land crimes referred of many ways in which Indian justice has Pursuant to the order of the House of to U.S. Attorneys were ever pros- been split off from mainstream American today, no further amendment to the ecuted. I would like to see U.S. Attor- due process. For example, some defendants bill may be offered except those speci- neys consult with the tribes and work appearing before Indian courts lack legal fied in the previous order of the House to enforce Federal law, especially when counsel, because federal law doesn’t require of today, which is at the desk. it comes to crimes of domestic vio- tribes to provide them with a public de- lence, stalking and sexual assault. And fender. Although some tribes have them, AMENDMENT OFFERED BY MR. INSLEE others can’t afford to offer their members Mr. INSLEE. Mr. Chairman, I offer ensuring that U.S. Attorneys appoint legal assistance. It’s not unusual for defend- an amendment. special attorneys to assist in pros- ants to represent themselves. The Acting CHAIRMAN. The Clerk ecuting these Federal laws is impera- The Indian Civil Rights Act, passed by will designate the amendment. tive. Congress in 1968, limited to six months the The text of the amendment is as fol- I will include for the RECORD infor- sentences tribes could hand down on any charge. At the time, tribal courts were see- lows: mation from a Wall Street Journal article entitled, ‘‘Tattered Justice on ing only minor infractions. Congress in- Amendment offered by Mr. INSLEE: U.S. Indian Reservations, Criminals creased the maximum prison sentence to At the end of the bill (before the short one-year in 1986, wrongly assuming that the title), insert the following: Slip Through Gaps.’’ It is time we close Indian courts would continue to handle only TITLE VII—ADDITIONAL GENERAL those gaps, and I urge U.S. Attorneys misdemeanor-level crimes. Tribal offenses, PROVISIONS to act with dispatch in this regard. meanwhile, escalated in both number and se- SEC. 701. Of the funds appropriated in this [From the Wall Street Journal, June 12, 2007] verity, with rape, murder and kidnapping among the cases. Act for the Department of Justice, not more ON U.S. INDIAN RESERVATIONS, CRIMINALS The Supreme Court weighed in on another than $50,000,000 shall be available for the At- SLIP THROUGH GAPS level, with its 1978 Oliphant decision ruling torney General, after consultation with In- (By Gary Fields) dian tribes pursuant to Executive Order that tribes couldn’t try non-Indian defend- CHEROKEE, N.C.—Jon Nathaniel Crowe, an 13175, to appoint attorneys to assist United ants in tribal courts—even if they had com- American Indian, had a long-documented States Attorneys when the public interest so mitted a crime against a tribe member on history of fighting with police officers and requires, as authorized by sections 542 and the tribe’s land. In its ruling, the court held assaulting women. But the tribal court for 543 of title 28, United States Code, to litigate that it was assumed from the earliest trea- the Eastern Band of the Cherokee, under cases involving the enforcement of Federal ties that the tribes did not have jurisdiction whose jurisdiction he lives, couldn’t sentence law on Tribal lands, including domestic vio- over non-Indians. him to more than one year for any charge. ‘‘If you go to Canada and rob someone, you lence, dating violence, sexual assault, and Not when he left telephone messages threat- will be tried by Canadian authorities. That’s stalking, and to allow reimbursement out of ening to kill an ex-girlfriend, not when he sovereignty,’’ says University of Michigan existing Federal funds, if available, to com- poured kerosene into his wife’s mouth, not law professor and tribal criminal-justice ex- pensate appointees whenever such appoint- when he hit her with an ax handle. pert Gavin Clarkson. ‘‘My position is that ments facilitate the efficient, thorough en- ‘‘We put him away twice for a year, that’s tribes should have criminal jurisdiction over forcement of Federal law on Tribal lands. all we could do,’’ says James Kilbourne, anybody who commits a crime in their terri- The Acting CHAIRMAN. Pursuant to prosecutor for the tribe. ‘‘Then he got out tory. The Supreme Court screwed it all up the order of the House of today, the and committed the same crime again.’’ and Congress has never fixed it.’’ gentleman from Washington (Mr. INS- Indian tribes are officially sovereign na- Jeff Davis, an assistant U.S. Attorney in LEE) and a Member opposed each will tions within the U.S., responsible for run- Michigan who handles tribal-land cases, ac- control 5 minutes. ning services such as schools and courts. But knowledges that his hands are often tied. Mr. a tangle of federal laws and judicial prece- Davis is also a member of North Dakota’s Mr. FRELINGHUYSEN. Mr. Chair- dents has undermined much of their legal au- Turtle Mountain Band of Chippewa. ‘‘I’ve man, I reserve a point of order. thority. As a result, seeking justice on In- been in the U.S. Attorney’s office for 12 The Acting CHAIRMAN. A point of dian reservations is an uneven affair. years, and both presidents I have served order is reserved. Tribes operate their own court systems, under have made violent crime in Indian The Chair recognizes the gentleman with their own judges and prosecutors. country a priority. But because of the juris- from Washington. Sharply limited in their sentencing powers, dictional issue and questions over who has Mr. INSLEE. Mr. Chairman, I rise to they are permitted to mete out maximum authority and who gets to prosecute, it is a offer an amendment to ensure that the jail time of only 12 months for any crime, no difficult situation.’’ matter how severe. The law also forbids trib- Often cases don’t rise to the level of felony U.S. Attorney General appoints attor- al courts to prosecute non-Indians, even federal crimes unless the victim has suffered neys to assist in enforcing Federal law those living on tribal land. a severe injury. Federal prosecutors have when it comes to public interest as Federal prosecutors can intervene in seri- limited resources and focus almost exclu- outlined in 28 U.S.C. 542 and 28 U.S.C. ous cases, but often don’t, citing the long sively on the most serious cases.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8641 Compounding that is the fact that domestic- died. The accident was less than a mile off After he married, the violence escalated, abuse cases are difficult to prove, especially the reservation, enough to give Mr. Russell says Police Chief Reed. During one incident if the lone witness recants. and the state jurisdiction in the case. Mr. he drove to the home Mr. Crowe shared with ‘‘It requires stitches, almost a dead body,’’ New Holy is serving 45 years in state prison his wife, Vicki. ‘‘He had threatened her, and says Mr. Davis. ‘‘It is a high standard to for three counts of vehicular homicide— dug a grave, and said no one would ever find meet.’’ much longer than the 12 months per count he her. We believed him,’’ Mr. Reed said. ‘‘Just For some non-Indians, tribal lands are vir- would have served under tribal law. His at- look at some of the stuff he’d done. That girl tual havens. Chane Coomes, a 43-year-old torney didn’t return a call seeking comment. was constantly coming down here, her face white man, grew up on the Pine Ridge Res- ‘‘The holes in the system are more prac- swollen up.’’ At one point, he choked his ervation in South Dakota—home to the Og- tical than legal, and the victims of crime pay wife, poured kerosene into her mouth and lala Lakota, near the site of the infamous the price,’’ says Larry Long III, the South threatened to light it, police reports say. Mr. 1890 massacre at Wounded Knee. Marked by a Dakota attorney general. ‘‘The crooks and Crowe’s attorney didn’t return calls seeking small obelisk, the mass grave is a symbol of the knotheads win.’’ comment. unpunished violence, literally buried in the The Eastern Band of Cherokee, located in None of these acts led to more than one soil of the tribe. The 2000 census documented the Smoky Mountains of North Carolina, is year in jail, a sentence he has been given Shannon County, which encompasses the re- one of the most efficiently run tribes in the twice since 2001. His criminal file at the trib- mote and desolate reservation, as the sec- country. Its ancestors hid in these moun- al court building fills a dozen manila folders. ond-poorest county in the U.S., with an an- tains while Cherokee east of the Mississippi There are reports of trespassing and assault nual per-capita income of $6,286 at the time. River were forcibly moved to present-day convictions, telephone harassment, threats Only Buffalo County, S.D., was poorer. Oklahoma, a migration known as the ‘‘Trail and weapons assaults—one for an incident According to local authorities, Mr. Coomes of Tears.’’ Today the tribe is spread across when he hit his wife with an ax handle, used his home on the reservation as a sanc- five counties and is economically well off: It breaking her wrist. His latest arrest, in Sep- tuary, knowing he would be free from the at- takes in more than $200 million annually tember, came about a week after he finished tentions of tribal prosecutors. from the Harrah’s Cherokee Casino & Hotel, his most recent sentence, when he came Tribal Police Chief James Twiss says Mr. which it owns, and has a robust tourist in- home and beat his now-estranged wife— dustry. About half of the tribe’s gambling Coomes was suspected of dealing in small again. amounts of methamphetamine for years. spoils go to pay for infrastructure and gov- After seven years, his crimes finally trig- ernment services. Tribal police also thought he might be traf- gered federal involvement, although almost Its court, which is housed in a prefab- ficking in stolen goods. by accident. Federal prosecutors from In 1998, Mr. Coomes assaulted a tribal ricated building, looks like any other in the U.S., except the judges wear bright, red around the country met at Cherokee earlier elder, Woodrow Respects Nothing, a 74–year- this year to discuss crime on tribal land. One old decorated World War II and Korean War robes. The offices, while cramped, are modern and computerized, and are a little over federal official mentioned to Mr. Kilbourne, veteran. Because it couldn’t prosecute, the the tribal prosecutor, a new statute that al- tribe ordered Mr. Coomes off its land. But at- one hour’s drive from the federal prosecutor’s office in Asheville. Tribal authorities lows federal intervention where defendants tempts to remove him were unenforceable. have at least two domestic-violence convic- ‘‘All I could do was to escort him off the meet regularly with federal prosecutors for training. The tribe’s top jurist is a former tions, regardless of the crime’s seriousness. reservation,’’ says tribal police officer Mr. Kilbourne, who was preparing for a Eugenio White Hawk, who did that several federal prosecutor who has regular contact with his successors. new trial against Mr. Crowe the following times, the last when he spotted the banned week, quickly turned the case over. Mr. man hauling horses in a trailer. ‘‘He kept Yet even here, the justice system works er- ratically. In 2005, tribal police received a tip Crowe pleaded guilty to assault last Friday coming back. After a while I just left him that James Hornbuckle, 46, an Oklahoma and is awaiting sentencing. alone and let it go. It was just a waste of Cherokee who had moved to the reservation, CORRECTIONS AND AMPLIFICATIONS time.’’ Mr. Coomes remained in his Shannon was dealing marijuana. Officers built a case The attorney for James Hornbuckle, a County home until 2006 when he was accused for weeks. They raided the business and then Cherokee who was cited in this article, Mr. Hornbuckle’s home, where they found 10 of beating his estranged wife in nearby Ne- couldn’t be reached for comment. This arti- kilograms of marijuana, packaged in small braska and threatening to kill her, according cle incorrectly says his attorney didn’t re- bricks. By tribe standards, it was a big haul, to Dawes County District Attorney Vance turn calls seeking comment. and authorities approached the U.S. Attor- Haug. The crime was committed off the res- ney’s office. Mr. Chairman, I ask unanimous con- ervation, and the subsequent investigation Gretchen Shappert, U.S. Attorney for the sent to withdraw my amendment. gave state authorities official jurisdiction. Western District of North Carolina, says fed- The Acting CHAIRMAN. Without ob- After raiding his home, they found stolen eral sentencing guidelines for marijuana are equipment as well as 30 grams of meth- jection, the amendment is withdrawn. so lenient, that ‘‘we’d need 50 kilograms in a There was no objection. amphetamine and $13,000 hidden in the bath- typical federal case’’ to pursue it. The feds AMENDMENT OFFERED BY MR. MACK room, along with syringes. rejected the case. Mr. Coomes is now in the Fall River Coun- If the state court had jurisdiction to pros- Mr. MACK. Mr. Chairman, I offer an ty Jail charged with possession of stolen ecute the crime, Mr. Hornbuckle might have amendment. property, grand theft and unauthorized pos- received a three-year term. Instead, he The Acting CHAIRMAN. The Clerk session of a controlled substance. He also pleaded guilty to the marijuana charge and will designate the amendment. faces separate charges, of assault and ‘‘ter- was sentenced to one year in tribal court. roristic threats’’ related to his wife, in The text of the amendment is as fol- Recently the tribal council voted to perma- lows: Dawes County, Neb. If convicted on the lat- nently ban him from the reservation, with ter charges, he faces up to six years in pris- backing from the feds. Messages left for Mr. Amendment offered by Mr. MACK: on, Mr. Haug said. Mr. Coomes’s attorney de- Hornbuckle’s attorney weren’t returned. At the end of the bill, before the short clined to comment. Mr. Crowe’s name is all too familiar on the title, insert the following: The jurisdictional quagmire also has impli- reservation. Tribal Police Chief Benjamin TITLE VII—ADDITIONAL GENERAL cations for Indian members on the other side Reed has known him since he was a juvenile. PROVISIONS of the tribal border. Gene New Holy, an am- ‘‘What I remember is his domestic-violence SEC. 701. None of the funds made available bulance driver on Pine Ridge, had been ar- incidents. He just wouldn’t stop,’’ Mr. Reed by this Act may be used to carry out the rested by the tribe more than a dozen times says. composition and delivery of exigent cir- for various drunk-driving offenses, for which Crystal Hicks, who dated Mr. Crowe before cumstance letters, that indicate that a grand he received only two convictions totaling his marriage, says the tribal member was jury subpoena is forthcoming where none has about a month in a tribal jail. In state court, verbally abusive. She says she left him after been convened or where there is no reason- four convictions would have led to a max- she had a miscarriage, when he berated her able likelihood that one will be convened, to imum sentence of five years. for not giving him a ride to a motorcycle United States citizens, businesses, banks, Lance Russell, the state prosecutor for gathering. ‘‘He said I was using the mis- firms or any other entity that retains per- Shannon County and neighboring Fall River carriage as an excuse,’’ says Ms. Hicks, 27 sonal identity information about citizens. County, had never heard of Mr. New Holy years old. until Feb. 11, 2001, when Mr. New Holy got After that, in several telephone messages The Acting CHAIRMAN. Pursuant to drunk at a Fall River County bar. According saved by Ms. Hicks and her family, Mr. the order of the House of today, the to court documents, he nearly hit one car on Crowe threatened to kill them and bury Ms. gentleman from Florida (Mr. MACK) a main highway, forced two others into a Hicks in her backyard. He was jailed by the and a Member opposed each will con- ditch and sideswiped a third that had pulled tribe and ordered to stay away from the trol 5 minutes. off the road as Mr. New Holy approached it Hicks family. in the wrong lane. ‘‘One year,’’ says Ms. Hicks. ‘‘He even told Mr. FRELINGHUYSEN. Mr. Chair- The last car he hit contained three tribe me he was fine in jail. He got fed three times man, I reserve a point of order. members—cousins Bart Mardinian, Anthony a day, had a place to sleep and he wasn’t The Acting CHAIRMAN. A point of Mousseau and Russell Merrival— all of whom going to be there long.’’ order is reserved.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8642 CONGRESSIONAL RECORD — HOUSE July 26, 2007 The Chair recognizes the gentleman After a long investigation by the In- can be imminent and information is re- from Florida. spector General of the Department of quired immediately. They said things Mr. MACK. Mr. Chairman, a wise Justice, I can regrettably say many of like this: ‘‘Due to exigent cir- man said, ‘‘Freedom is the core of all the worst-case scenarios actually came cumstances, it is requested the records human progress.’’ It is my belief that about and that our hypotheticals were for the attached list of phone numbers he is right. not so farfetched. be provided. Subpoenas requesting this Since coming to Congress, I have The FBI has abused its power both in information have been submitted to often been an advocate of oversight. terms of National Security Letters and the U.S. Attorney’s Office, who will My colleague from Arizona routinely exigent letters. In the case of exigent process and serve them as expedi- comes to this floor urging us to make letters, it appears the FBI repeatedly tiously as possible.’’ oversight a larger part of the congres- asserted exigent circumstances where b 1300 sional process, and I agree with him. It none existed in order to obtain tele- is an area where we all need to pay phone records. The Inspector General’s The problem with these letters, in at more attention. probe also concluded that there some- least 739 cases there was no grand jury Unfortunately, when we turn our at- times was no open nor pending na- meeting. There were no subpoenas retention away, it is often at the expense tional security investigation tied to quested, and none would ever be deliv- of our own liberty and freedom. This the request. This directly contradicts ered. And so here you have the pros- amendment seeks to spotlight a par- the requirements of U.S. law. Letters pect of the FBI going out to a phone ticular area of concern, the so-called went out stating that a grand jury sub- company or other provider and saying, exigent circumstances letters sent out poena was forthcoming when none was this is an emergency, we need this in- from the FBI to obtain highly sensitive forthcoming. formation, subpoenas to be forth- information. The Inspector General’s report was coming, and none were. While I support using the proper just a small sampling of the use of Now, as a telephone company, you tools to keep our Nation safe, particu- these letters, and we have not been get the FBI knocking on your door larly in the war on terror, these letters given a larger picture yet. I want to asking for records, saying, this is an seem to fall well short of constitu- commend the gentleman from Florida emergency, someone’s life may be at tional checks and balances. My col- for bringing this forward. He has risk, we may be at risk of an attack, leagues and I fear that innocent citi- worked hard on this issue, and we are you’re going to want to comply. And zens are being netted in the process. not speaking anymore in then after the fact, after the FBI dis- But, Mr. Chairman, how are we to hypotheticals. We have seen abuses. covered that it had issued all these let- know that? The very limited justifica- They have been documented. This is ters erroneously, unlawfully, it then tion that comes from the Department very important, and I commend him issues an NSL, National Security Let- of Justice stands on shaky ground. The for bringing this forward, and I join ter, asking for the information that rest of the time they hide behind na- him in his effort. was provided for in these exigent let- tional security as a reason for not tell- Mr. MACK. Mr. Chairman, I reserve ters, basically to cover up, to try to ing us more. While I am pleased the the balance of my time. give a patina of legality over an illegal FBI is taking internal steps to clarify Mr. KENNEDY. Mr. Chairman, I practice. the scope and use of these letters, I be- move to strike the last word. This is deeply disturbing, and my lieve we should raise the process up by The Acting CHAIRMAN. The gen- friend’s amendment, that I was pleased codifying it to ensure there are no tleman from Rhode Island is recognized to join him in cosponsoring, would pro- questions that civil liberties are not for 5 minutes. hibit the expenditure of funds on these being violated and the information Mr. KENNEDY. Mr. Chairman, I rise exigent letters when the claim is made that is coming from these searches is to say that I think this is absolutely a that a grand jury subpoena is forth- not being used for wrongful purposes. justified effort to bring to light some- coming when there’s no grand jury Thankfully, article I of the Constitu- thing that I think all of the American even impaneled on the issue. tion says we are a coequal branch of people deserve, and that is to under- We need to put a stop to this prac- government charged with cooperation stand truly what is going on at the De- tice. I very much appreciate my col- and oversight of these types of activi- partment of Justice insofar as the use league raising this issue. I’m proud to ties. Mr. Chairman, when it comes to of these letters. support it. our freedom, we all need to be diligent. Unfortunately, this is legislating on Mr. KENNEDY. Reclaiming my time, We all need to exercise care and we all an appropriations bill. I do hope that in Mr. Chairman, I think that this issue is need to be cautious of government. the course of this session we will bring an issue of due process. This country Though it often seeks to protect us, it up legislation that will get at the PA- was founded on the basis of due process always ends up capturing more of our TRIOT Act so that we can bring to and on law, and that is why this strikes precious liberties. light how far the Justice Department at the very heart of our system of gov- Mr. Chairman, I yield 2 minutes to has gone in overriding the initial in- ernment and why this is such an im- the gentleman from Arizona (Mr. tent of the PATRIOT Act and over- portant issue to be raised. FLAKE). riding the sense of Congress in terms of And for that reason, I think that Mr. FLAKE. Mr. Chairman, I thank the abuse of issuance of both National while this is a point of order, I do be- the gentleman for yielding. Security Letters and exigency letters. lieve this is going to be an issue for In 2005, while on the House Judiciary For that reason, I think the intent of this Congress to address in the course Committee, I, along with some others, this is very well placed. of this session. I commend the gen- offered a series of reforms to the proc- Mr. Chairman, I yield the balance of tleman from Florida for raising it. ess of issuing national security letters. my time to the gentleman from Cali- Mr. Chairman, I yield back the bal- These reforms came about during the fornia (Mr. SCHIFF) for whom this is a ance of my time, reauthorization of the PATRIOT Act. very important issue. Mr. MACK. Mr. Chairman, I would These reforms didn’t go as far as I Mr. SCHIFF. Mr. Chairman, I thank like to thank my colleagues as well. I would have liked, but we took the ad- the gentleman for yielding. I thank Mr. think this demonstrates that there is ministration at their word when they MACK for his strong work on this issue bipartisan support on this issue, and at said that civil liberties would not be and his protection of civil liberties in the heart of this is to preserve and pro- violated. this regard and many others. tect the citizens of this country’s free- During the reauthorization process, I Most disturbingly, from my view, doms and liberties. and others were told by administration from the Inspector General’s report So I want to thank again my col- officials that the reforms we sought was the fact that the FBI issued at leagues and the staff on both sides for were not needed, that the Department least 739 exigent letters to obtain tele- working this. of Justice and FBI would never do the phone toll records in violation of inter- Mr. Chairman, I ask unanimous con- hypothetical worst-case scenario that nal Justice Department guidelines. sent to withdraw my amendment. some of my colleagues and I worried These exigent letters are used in The Acting CHAIRMAN. Without ob- about. emergency situations when an attack jection, the amendment is withdrawn.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8643 There was no objection. Let me cite in my own community, nications equipments were available not only AMENDMENT OFFERED BY MS. JACKSON-LEE OF which we’re seeing statistically across to safety workers but to transit authorities and TEXAS the Nation, having just heard the FBI others in a collective effort to save the lives of Ms. JACKSON-LEE of Texas. Mr. report that says crime statistics are in- those who were stranded and injured that Chairman, I offer an amendment. creasing all over America, not only in tragic day. The Acting CHAIRMAN. The Clerk the urban centers like Houston, which Recent national catastrophes, including the will designate the amendment. is the fourth largest city in the Nation, terrorist attacks of September 11th and Hurri- The text of the amendment is as fol- but it is also increasing in our rural canes Katrina and Rita, clearly illustrate the lows: hamlets and villages and farmlands. need to ensure that safety responders have Amendment offered by Ms. JACKSON-LEE of We have a crisis in crime. Part of it has interoperable communications systems. Emer- Texas: been because we have not provided, I gency response systems must be able to func- At the end of the bill (before the short think, the extra resources that we see tion under extreme and unpredictable condi- title), insert the following: in this bill. tions. We can learn from our past that when TITLE VII—ADDITIONAL GENERAL But let me just cite for you why peo- those responding to emergencies cannot com- PROVISIONS ple traveling on transportation need municate effectively, the danger to public safe- SEC. 701. The amounts otherwise provided the quick access of a public safety offi- ty officials and the public increases. in this Act are revised by reducing the cer. One article says, a second metro amount made available for the ‘‘DEPART- The Department of Homeland Security has MENT OF JUSTICE—Office of Justice Pro- bus driver attacked. Two men attacked recognized the importance of providing effec- grams—state and local law enforcement as- a metro bus driver Tuesday after they tive and real-time communication capabilities. sistance’’ and by increasing the amount argued with her about a fare. That Secretary Chertoff stated in November 2006 made available for the ‘‘DEPARTMENT OF means all of those riding the bus were his intention to make sure that major cities JUSTICE—Office of Justice Programs—state in jeopardy. A quick response by a pub- ‘‘have interoperable communications in effect and local law enforcement assistance4’’ by lic safety officer was clearly a need. by the end of this coming year.’’ Interoperable $10,000,000 and $10,000,000, respectively. And so my amendment is simple. It communications provide tangible benefits to The Acting CHAIRMAN. Pursuant to provides for the reemphasis of the need places like my home City of Houston, with its the order of the House of today, the of this equipment, whether they are 5.3 million residents and concentration of crit- gentlewoman from Texas (Ms. JACK- walkie-talkies and others, to ensure ical infrastructure. SON-LEE) and a Member opposed each that we have safety, and as well to en- Mr. Chairman, my amendment simply aims will control 5 minutes. sure that these dollars are used effec- to ensure that high risk areas, like Houston, The Chair recognizes the gentle- tively for safety in our community. have sufficient communications devices to en- woman from Texas. I’d ask my colleagues to support this able our Nation’s first responders and transit Ms. JACKSON-LEE of Texas. Mr. amendment. workers to communicate in real time, in the Chairman, I thank the distinguished Thank you, Mr. Chairman, for allowing me event of an emergency. chair. to explain my amendment to H.R. 3093. My I urge my colleagues to support this amend- Let me first of all, as I bring my amendment is simple. It seeks to assist public ment. amendment to the attention of my col- safety officials in the United States in commu- [From the Houston Chronicle] leagues, thank the chairman of the nicating with one another across jurisdictions SECOND METRO BUS DRIVER ATTACKED subcommittee Mr. MOLLOHAN, and the and disciplines, to enhance the public’s safety ranking member of the subcommittee and prevent unnecessary loss of lives and (By Lindsay Wise) Mr. FRELINGHUYSEN, for your leader- property. Two men attacked a Metro bus driver ship on a number of these issues of My amendment recognizes immense impor- Tuesday after they argued with her about which I will discuss today. tance of hand-held communication devices to the fare, making it the second attack this Let me, first of all, acknowledge the week of a female driver. the transit workers and other public officials The men, who appeared to be inebriated, Department of Justice funding, par- who play a key role in responding to disasters got into a dispute with the driver over fares ticularly the State and local law en- and terrorist attacks. It seeks to ensure that and threatened her, said Metro spokeswoman forcement and crime prevention grants they may be provided with fully interoperable Raequel Roberts. The men initially retreated and the COPS program, of which many equipment, maximizing their effectiveness and into the bus, but about 10 minutes later, of us have supported for an extensive working to ensure their safety as they work to they returned to the front and punched her, period of time. protect our communities. Roberts said. I rose to the floor of the House yes- Throughout the United States, public safety The driver was taken to Memorial South- terday and indicated that I believe that west hospital, where she was treated for a agencies—law enforcement, fire fighters, cut on her nose, Roberts said. the father of community-oriented po- emergency technicians, public health officials, Some passengers on the bus took pictures licing was both the mayor and chief of and others—often cannot communicate effec- of the two men with their cell phones, and police in my city of Houston, Lee P. tively with one another, even within the same Metro police are now looking for the sus- Brown, who served as the chief of po- jurisdiction, or with other public safety agen- pects, Roberts said. lice in New York and Atlanta. cies at the Federal, State, or local level, when The assault took place on the same bus I rise today to emphasize for my col- responding to emergencies. route and in the same area as the reported leagues the importance of providing re- As a senior Member of the Committee on robbery and sexual assault of a Metro bus sources to public safety officers so that Homeland Security, I have worked tirelessly to driver early Sunday. they can provide the service to the In that case, a man boarded a Metro bus on ensure that our communities’ first responders Hillcroft at Bellaire and remained on board community in this increasing period of are equipped with the best possible equip- for several miles, waiting for the last pas- rising crime statistics, and let me ment, including communication devices that senger to exit before dragging the driver to share with you the vastness of the pub- allow them to effectively communicate with the back of the bus and assaulting her at lic safety officers’ responsibility. each other and with their Federal counterparts gunpoint, Metro officials said. What I want to suggest in this across jurisdictions and disciplines. Interoper- According to statistics provided by Metro, amendment is that public safety offi- able communications would allow our Nation’s 28 violent crimes—ranging from robberies to cers are needed in schools. They’re first responders to communicate in real time, aggravated assaults—occurred so far this needed on the highways. They’re need- year on their buses. Last year, 50 violent in the event of an emergency. crimes were reported on Metro buses, up ed in our neighborhoods. They’re need- Mr. Chairman, the lack of sufficient hand- from 38 in 2005. ed on our buses and our trains. Many held communications devises may have con- Roberts said Metro has increased security times incidences will occur on our tributed to the deaths of 343 firefighters in patrols in the area as they search for the trains and buses with citizens who are New York City on September 11, 2001, when attackers. using those facilities, and the quick re- police could not communicate effectively with ‘‘We’ve been out there with officers in sponse of public safety officers can lead firefighters prior to the collapse of the Twin force,’’ she said. to the saving of lives. That is why it is Towers. Similarly, the lack of adequate equip- Mr. MOLLOHAN. Mr. Chairman, will important for them to have appro- ment exacerbated the difficulties in evacuating the gentlewoman yield? priate commitment and the appro- people during hurricane Katrina, where many Ms. JACKSON-LEE of Texas. I yield priate equipment. could have been saved if effective commu- to the gentleman from West Virginia.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8644 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Mr. MOLLOHAN. Mr. Chairman, we It is noted that 1.1 million nonviolent that time. Mr. Chairman, there are more peo- commend the gentlewoman for bring- offenders are currently locked up. ple in the prisons of America than there are ing this to the attention of us, and we Many of them are African Americans, residents in states of Alaska, North Dakota, have no objection to the amendment. and in the 1930s, 75 percent of the peo- and Wyoming combined. Ms. JACKSON-LEE of Texas. Re- ple entering State and Federal prison Over one million people have been claiming my time, I’d like to thank the were of the majority population. That warehoused for nonviolent, often petty crimes. distinguished gentleman and the rank- is not the case now. The European Union, with a population of 370 ing member. So it’s a simple premise. It has been million, has one-sixth the number of incarcer- And let me just say to all those indi- adopted in the authorization bill. It ated persons as we do, and that includes vio- viduals impacted by crime, particu- asks the hard question, why are we in- lent and nonviolent offenders. This is one third larly these bus drivers that I’m speak- carcerating for decades and decades the number of prisoners which America, a ing of today, help is on the way. nonviolent individuals who pay their country with 70 million fewer people, incarcer- I ask for support of my amendment. debt to society, when they could come ates for nonviolent offenses. Mr. Chairman, I yield back my time. out and provide the comfort and nur- The 1.1 million nonviolent offenders we cur- The Acting CHAIRMAN. The ques- turing and financial support to their rently lock up represents five times the num- tion is on the amendment offered by own families and also address the ques- ber of people held in India’s entire prison sys- the gentlewoman from Texas (Ms. tion of Federal prison overcrowding? tem, even though its population is four times JACKSON-LEE). I’d ask my colleagues to support it. greater than the United States. The amendment was agreed to. Thank you, Mr. Chairman for this oppor- As the number of individuals incarcerated AMENDMENT OFFERED BY MS. JACKSON-LEE OF tunity to explain my amendment. My amend- for nonviolent offenses has steadily risen, Afri- TEXAS ment provides for the early release for non- can-Americans and Latinos have comprised a Ms. JACKSON-LEE of Texas. Mr. violent offenders who have attained the age of growing percentage of the overall number in- Chairman, I offer an amendment. at least 45 years of age, have never been carcerated. In the 1930s, 75% of the people The Acting CHAIRMAN. The Clerk convicted of a violent crime, have never es- entering state and federal prison were white will designate the amendment. caped or attempted to escape from incarcer- (roughly reflecting the demographics of the na- The text of the amendment is as fol- ation, and have not engaged in any violation, tion). Today, minority communities represent lows: involving violent conduct, of institutional dis- 70% of all new admissions—and more than Amendment offered by Ms. JACKSON-LEE of ciplinary regulations. half of all Americans behind bars. Texas: At the end of bill (before the short title), My amendment seeks to ensure that in af- This is why for the last several years I have insert the following: fording offenders a second chance to turn introduced the Federal Prison Bureau Non- TITLE VII—ADDITIONAL GENERAL around their lives and contribute to society, violent Offender Relief Act. The bill I intro- PROVISIONS ex-offenders are not too old to take advantage duced earlier this year, H.R. 261, forms the SEC. 701. The amount otherwise provided in of a second chance to redeem themselves. A basis for the present amendment. this Act for ‘‘Department of Justice’’ is here- secondary benefit of my amendment is that it Over 2 million offenders are incarcerated in by decreased by $10,000,000 and increased by would relieve some of the strain on federal, the nation’s prisons and jails. At midyear $10,000,000. state, and local government budgets by reduc- 2002, 665,475 inmates were held in the Na- The Acting CHAIRMAN. Pursuant to ing considerably government expenditures on tion’s local jails, up from 631,240 at midyear the order of the House of today, the warehousing prisoners. 2001. Projections indicate that the inmate pop- gentlewoman from Texas (Ms. JACK- Mr. Chairman, some of those who are incar- ulation will unfortunately continue to rise over SON-LEE) and a Member opposed each cerated face extremely long sentences, and the years to come. will control 5 minutes. this language would help to address this prob- To illustrate the impact that this amendment The Chair recognizes the gentle- lem. Releasing rehabilitated, middle-aged, will potentially have on Texas, the Federal woman from Texas. non-violent offenders from an already over- prison population for the years 2000, 2001, Ms. JACKSON-LEE of Texas. Mr. crowded prison population can be a win-win and 2002 reached 39,679, 36,138, and 36,635 Chairman, let me also thank the chair- situation for society and the individual who, persons respectively; the State prison popu- man and ranking member for their in- like the Jean Valjean made famous in Victor lation for the same years reached 20,200, fusion of dollars in the Federal prison Hugo’s Les Miserables, is redeemed by the 20,898, and 23,561 persons. These numbers system, $179 million above 2007. grace of a second chance. The reentry of have grown since 2002, so the impact is in- There needs to be an infusion of fund- such individuals into the society will enable deed significant and the State of Texas is an ing because we have an overcrowded them to repay the community through commu- important stakeholder. system in the Federal Bureau of Pris- nity service and obtain or regain a sense of As I stated at the outset, my amendment ons. We, as the authorizing committee, self-worth and accomplishment. It promises a will ensure that in affording offenders a sec- the Committee on the Judiciary, have reduction in burdens to the taxpayer, and an ond chance to turn around their lives and con- heard repeatedly of the concerns of affirmation of the American value that no non- tribute to society, ex-offenders are not too old both the management of the Federal violent offender is beyond redemption. to take advantage of a second chance to re- Bureau of Prisons, but also the in- Mr. Chairman, the number of federal in- deem themselves. My amendment will also re- mates. I have visited institutions in mates has grown from just over 24,000 in lieve the some of the strain on federal, state, my own area. I’ve seen the over- 1980 to 173,739 in 2004. The cost to incar- and local government budgets by reducing crowding. I’ve seen the conditions and cerate these individuals has risen from $330 considerably government expenditures on paid attention to some of the elements million to $4.6 billion since 2004. warehousing prisoners. that we could improve. At a time when tight budgets have forced For these reasons, I ask that all members to Many may hear this debate and sug- many states to consider the early release of support my amendment. gest that incarcerated persons should hundreds of inmates to conserve tax revenue Mr. MOLLOHAN. Mr. Chairman, will be treated in a certain way. This is a and when our nation’s Social Security system the gentlewoman yield? very simple amendment. It asks for a is in danger of being totally privatized, early Ms. JACKSON-LEE of Texas. I yield study to look at the possibilities of release is a common-sense option to raise to the gentleman from West Virginia. early release for nonviolent prisoners capital. Mr. MOLLOHAN. Mr. Chairman, we who are over the age of 45. The rate of incarceration and the length of have no objection to the amendment. How does that help our community? sentence for first-time, non-violent offenders The gentlelady’s insights into this One, it sends individuals back home to have become extreme. Over the past two dec- issue are clear. The committee actu- their families to provide resources. We ades, no area of state government expendi- ally welcomes the thought, the amend- know that we are watching a second tures has increased as rapidly as prisons and ment, and we accept the amendment. chance bill make its way through this jails. According to data collected by the Jus- Ms. JACKSON-LEE of Texas. Let me Congress. We hope that it will move tice Department, the number of prisoners in thank the distinguished chairman, and quickly. Many of these offenders are America has more than tripled over the last I ask my colleagues to support this middle age. Many of them are sick. two decades from 500,000 to 1.8 million, with amendment. This will go a long way to This costs a great deal for the Federal states like California and Texas experiencing this very strong and harsh question of Bureau of Prisons. eightfold prison population increases during Federal prison overcrowding and how

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8645 we use our resources for nonviolent space station both experience serious funds made available in this Act may be used prisoners. safety scares. The shuttle’s mission to limit the safety provisions enumerated in the Mr. Chairman, I yield back my time. had to be extended following the dis- NASA Authorization Act of 2005 (Public Law The Acting CHAIRMAN. The ques- covery of a rip in the shuttle’s thermal No. 109–155), particularly those regarding the tion is on the amendment offered by blanket, while the space station experi- International Space Station Independent Safe- the gentlewoman from Texas (Ms. enced the failure of a Russian-operated ty Commission. JACKSON-LEE). computer system controlling a crucial Space exploration remains a part of our na- The amendment was agreed to. portion of the station’s navigational tional destiny. After the Columbia disaster, AMENDMENT OFFERED BY MS. JACKSON-LEE OF system. These recent incidents clearly NASA stands at a pivotal moment in its his- TEXAS indicate the need for improved safety tory. It is the responsibility of this Congress to Ms. JACKSON-LEE of Texas. Mr. standards and oversight. Space explo- ensure that the future of NASA is one of con- Chairman, I offer an amendment. ration must be coupled with satisfac- tinued progress. I have long been an advocate The Acting CHAIRMAN. The Clerk tory safety assurances. of space exploration, and I have steadfastly will designate the amendment. The amendment, Mr. Chairman, that emphasized that while safety must be the The text of the amendment is as fol- I offer refers to the National Aero- number one priority of NASA, this should not lows: nautics and Space Administration Au- deter us from pushing the boundaries of tech- Amendment offered by Ms. JACKSON-LEE of thorization Act signed into law by nology and discovery. Texas: President Bush, which provided for the In June of this year, we saw the Space At the end of bill (before the short title), establishment of an International Shuttle Atlantis and the International Space insert the following: Space Station Independent Safety Station both experience serious safety scares. TITLE VII—ADDITIONAL GENERAL Commission, that I authored, to dis- The shuttle’s mission had to be extended fol- PROVISIONS cover and assess any vulnerabilities of lowing the discovery of a rip in the shuttle’s SEC. 701. None of the funds made available the international space station that thermal blanket, while the space station expe- in this Act may be used in violation of Sub- could lead to its destruction, com- rienced the failure of a Russian-operated com- title A of Title VIII (International Space promise the health of its crew, or ne- puter system controlling a crucial portion of Station Independent Safety Taskforce) of cessitate its premature abandonment. the station’s navigational system. These re- the NASA Authorization Act of 2005 (Public cent incidents clearly indicate the need for im- Law No. 109–155). We will launch on August 7. That launch will head to the international proved safety standards and oversight. Space The Acting CHAIRMAN. Pursuant to space station. People will be on that exploration must be coupled with satisfactory the order of the House of today, the international space station, which is safety assurances. gentlewoman from Texas (Ms. JACK- the ultimate goal, that scientists will Mr. Chairman, the National Aeronautics and SON-LEE) and a Member opposed each find the place in space to be able to do Space Administration Authorization Act of will control 5 minutes. the research that will carry America 2005, signed into law by President Bush, pro- The Chair recognizes the gentle- forward. vided for the establishment of an International woman from Texas. That safety task force provided valu- Space Station Independent Safety Commis- Ms. JACKSON-LEE of Texas. Mr. able observations on the strengths and sion, to discover and assess any Chairman, let me thank the Chair, and weaknesses of the international space vulnerabilities of the International Space Sta- again, I thank the chairman and rank- station safety systems. It went on to tion that could lead to its destruction, coming member of this subcommittee. Let say that we should have strong con- promise the health of its crew, or necessitate me also add my appreciation to the ap- gressional support for the space shuttle its premature abandonment. propriators and the chair and ranking and international space station, as well This congressionally mandated International member of the full committee. as a number of specific technical rec- Space Station Independent Safety Task Force Mr. Chairman, I also want to ac- ommendations, such as increased at- offered its recommendations in the form of a knowledge the hard work of the tention to orbital debris and ensuring final report, which was submitted to NASA and Science Committee. I had the pleasure that all personnel and managers have the United States Congress in February of of serving on that committee for al- the necessary skills and experience. 2007. This report offered a number of valuable most 12 years. My issue there was the If these recommendations are to be observations on the strengths and weak- question of safety during the tenure successful in identifying and miti- nesses of the International Space Station’s that I was in that role or a member of gating future risks, then we must have safety systems, and it went on to make sev- that committee. Of course, we had the a Congress that reinforces safety for eral important recommendations. The report backdrop of Challenger and then Colum- NASA. called for strong congressional support for bia. Space Shuttle and International Space Station, 1315 Safety is a crucial component to the b as well as a number of specific technical rec- continued support of Americans of the We shouldn’t have the individual ommendations, such as increased attention to international space station and Amer- there who is afraid to speak up. We orbital debris and ensuring that all personnel ica’s space program. When I have an should have whistleblower protection. and managers have the necessary skills and annual Christmas party in Houston, And we should have a director who experience. the most popular visitor is not Santa cares about safety and does not reject If these recommendations are to be suc- Claus. For children, it is the astro- Congress’ interest in safety. cessful in identifying and mitigating future risks nauts, and I rise today to offer an I hope that we will keep our eye on to the International Space Station, Congress, amendment that will reinforce the im- this international space station com- together with the Administration, must firmly portance of safety in the NASA pro- mission on safety, even though its re- reaffirm its commitment to pursuing safety as gram. port is in, to ensure that the individ- a top priority. My amendment speaks to this Space exploration remains a part of uals we sent on the space shuttle, the clear need to emphasize the importance of our national destiny. After the Colum- work that we are doing on space has safety standards by ensuring that none of the bia disaster, NASA stands at a pivotal the element of safety to save lives and funds made available in this Act may be used moment in its history. It is the respon- create the opportunity for men and to limit the safety provisions enumerated in the sibility of this Congress to ensure that women to live and work in space. recent NASA Authorization Act. the future of NASA is one of continued I ask my colleagues to support this We must continue to work to ensure that progress. I have long been an advocate amendment as we support NASA and adequate safety standards apply to all NASA of space exploration, and I have stead- my appreciation for the funding that is endeavors, and particularly to manned space fastly emphasized that while safety in this bill for NASA and aeronautics exploration. As I previously stated, I am a must be the number one priority of and research and ask my colleagues strong supporter of the International Space NASA, this should not deter us from that NASA should equate to safety, Station, and I hope that we can move forward pushing the boundaries of technology NASA should equate to science. That is with its mission. However, our mission for dis- and discovery. an important aspect. covery can not be done in haste; instead we In June of this year, we saw the space Mr. Chairman, I rise today in strong support must ensure that all steps have been taken to shuttle Atlantis and the international of this amendment. It states that none of the minimize the risk to astronauts onboard.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8646 CONGRESSIONAL RECORD — HOUSE July 26, 2007 I hope that my colleagues will join me in The differences between the Russian and Mr. MOLLOHAN. Mr. Chairman, will supporting this important amendment. U.S. approaches to safety are as much from the gentlewoman yield? cultural as economic factors, said Linenger. U.S. AND RUSSIA VIEW SPACE STATION SAFETY Ms. JACKSON-LEE of Texas. I yield Russian industry, for instance, doesn’t DIFFERENTLY to the gentleman from West Virginia. have the commitment to worker safety that (By Mike Schnelder) the United States has adopted in recent dec- Mr. MOLLOHAN. I appreciate the CAPE CANAVERAL, FL.—It was just four ades through agencies such as the Occupa- gentlelady yielding. high-energy batteries, the kind that are tional Safety and Health Administration. In NASA has been on the forefront of found in a lot of military equipment such as addition, workers in the Russian space pro- safety on the NASA side, these provi- walkie-talkie sets and night vision equip- gram haven’t shaken off the Soviet-era habit sions she has worked on in 2005 to in- ment. Similar batteries already were being of following orders without question, corporate into authorizing. She is re- used on the International Space Station. Linenger said. But when NASA officials discovered last affirming these safety procedures in ‘‘The Russians don’t want to lose a cosmo- this amendment, and we certainly have year that Russian space officials were allow- naut any more than we want to lose an a as- ing the four batteries on-board the space sta- tronaut,’’ he said, but suggested that perhaps no objection on that. tion without the proper testing, they ob- they were ‘‘less used to protecting the work- We accept the amendment and com- jected strenuously. The batteries could be er . . . They’re probably more willing to pliment her on her efforts to improve toxic and had a small potential to explode. overlook a lot of things that we’re not.’’ and insist upon safety in NASA oper- The Russians went ahead anyway. The limited budget of the Russian space Nothing ever happened. But the friction ations. program also contributes to how it ap- Ms. JACKSON-LEE of Texas. I thank caused by the batteries underscores the di- proaches safety, Linenger said. The cash- vide between the now hyper-safety-conscious the distinguished chairman for his strapped space agency, after all, has allowed courtesy, I thank the ranking member, Americans and what the Russians describe as U.S. millionaire Dennis Tito and South Afri- their ‘‘more flexible’’ approach. can Mark Shuttleworth to pay for the privi- and I thank the Congress for accepting It’s a different philosophy, explains Shirley lege of being space tourists on the station the importance of safety as we explore McCarty, former head of NASA’s safely advi- despite the initial objections of NASA offi- the beyond. sory board: In the U.S. program you must cials. I simply say thank you to the staff of prove it is safe. The Russian approach is Most recently, the Russian space program ‘‘prove it’s not safe.’’ these committees, and I ask my col- disclosed that government funds allocated After the Columbia space shuttle disaster, leagues to support it. for building crew capsules and supply ships safety is getting even more attention by the Mr. Chairman, I yield back the bal- for the space station are only about half of U.S. Space program, ance of my time. what’s needed. Tensions over the two countries’ ap- The Acting CHAIRMAN. The ques- proaches are being played out in Houston ‘‘When you have a limited budget like they did when I was there, you can’t afford to go tion is on the amendment offered by and Moscow as both programs debate wheth- the gentlewoman from Texas (Ms. er to allow a spacewalk by the current space to option B,’’ Linenger said. ‘‘Maybe we mis- station crew of just two men—astronaut Mi- interpret that they’re cavalier about things JACKSON-LEE). chael Foale and cosmonaut Alexander when they have no options.’’ The amendment was agreed to. Linenger noted that NASA recently de- Kaleri. A spacewalk would leave the space AMENDMENT NO. 41 OFFERED BY MR. UPTON cided to send the current crew to the space station temporily empty. Previous station despite concerns from a NASA physi- Mr. UPTON. Mr. Chairman, I offer an spacewalks at the international space sta- cian and scientist that exercise equipment amendment. tion have depended on a third crew member and some water and air monitoring devices The Acting CHAIRMAN. The Clerk inside. The Russians, however, are comfortable weren’t working properly. will designate the amendment. with the risk and carried out spacewalks on ‘‘When you’re between a rock and a hard The text of the amendment is as fol- their Mir space station with just a two-man place. I’m not sure we would act any dif- lows: ferently,’’ he said. crew. They are pushing for a spacewalk in Amendment No. 41 offered by Mr. UPTON: Ed Lu, who returned from the space sta- late February to do minor work involving At the end of the bill (before the short tion last month after a six-month stay, said payloads and preparatory work for a new title), insert the following: any differences in approaches to safety type or cargo ship. aren’t noticeable. TITLE VII—ADDITIONAL GENERAL The Russians consider themselves less PROVISIONS rigid and more inventive than the Ameri- It’s really one big program right now,’’ he cans, who tend to follow every letter in the said during an interview from space before SEC. ll. None of the funds made available technical manuals, said Sergei Gorbunov, a his return. ‘‘You can’t really separate the or- in this Act may be used to purchase light spokesmen for the Russian Space Agency. ganizations too much anymore.’’ bulbs unless the light bulbs have the ‘‘EN- ‘‘Here in Russia, we are more flexible in But members of NASA’s Aerospace Safety ERGY STAR’’ or ‘‘Federal Energy Manage- our approach to technical problems,’’ Advisory Panel felt otherwise. They resigned ment Program’’ designation. Garbunov said. ‘‘The Americans are more en masse in September after being described The Acting CHAIRMAN. Pursuant to conservative in dealing with technical prob- as ineffective in a report by the Columbia Accident Investigation Board. Before resign- the order of the House of today, the lems, but this isn’t a fault.’’ gentleman from Michigan (Mr. UPTON) It may not be a fault but the different ap- ing, members cited two other recent inci- proaches contribute to communications dents in which miscommunication between and a Member opposed each will con- problems that could lead to dangerous situa- the Russians and Americans on the ground trol 5 minutes. tions, NASA’s safety advisory board warned had caused problems with how the space sta- The Chair recognizes the gentleman in a report last year. tion was positioned. from Michigan. ‘‘They share safety concerns,’’ Michael ‘‘It just seems all the required operating Mr. UPTON. Mr. Chairman, we don’t Suffredini, the station’s operations and inte- procedures, the ground rules aboard the sta- intend to take very much of our time. gration manager for NASA, said last week of tion, really hadn’t been completely planned out between the various international part- We have debated this amendment on the Russians. ‘‘Sometimes we have a dif- each of the appropriation bills thus far. ferent view.’’ ners,’’ said Robert Schaufele, a former mem- Jerry Linenger, a former astronaut who ber of the safety panel and a professor of air- We have been very fortunate to have lived aboard Russia’s Mir in 1997, said there craft design at California State University. the support of Mr. OBEY and Mr. LEWIS has to be a ‘‘happy medium’’ between the But the two programs have learned from and all the subcommittee chairmen two approaches. past problems, and new procedures have been and ranking members. ‘‘The Russians are probably on one side of put in place, said Bill Gerstenmaier, the I offer this with my friend and col- the balance, and the Americans are probably space station’s program manager for NASA. league, Ms. HARMAN, along with Mr. too much on the other side,’’ Linenger said. Since the batteries incident, complaints or During Linenger’s stay on Mir, the Russian concerns can be taken up the command ENGLISH and Mr. LIPINSKI. It is a bipar- space station suffered the most severe fire chain more quickly, said Arthur Zygielbaum, tisan amendment simply requiring that ever aboard an orbiting spacecraft, a near a former safety advisory board member. the Federal Government, beginning on collision with a cargo ship, failures of on- And in recent years, eight NASA special- October 1, purchase only ENERGY board system including an oxygen generator, ists have worked in Russia while 10 Russian STAR light bulbs. loss of electrical power and an uncontrolled specialists have worked with NASA in Hous- This will be a savings of hundreds of tumble through space. ton to smooth out potential communication millions of dollars to the taxpayers The current space station crew also is ex- issues, said Joel Montalbano, lead flight di- perienced with close calls. Foale was on Mir rector for the current space station mission. over the course of the year, and it is when it collided with a cargo ship. Kaleri With this communications foundation, something that has enjoyed, again, was on Mir along with Linenger when the Montalbano said, ‘‘we can work better and wide bipartisan support. I don’t need to fire broke out. stronger.’’ debate it further.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8647 Mr. Chairman, I yield back the bal- It says this: instead of in this appro- where we stand as a Nation on spend- ance of my time. priation bill, instead of spending $53.5 ing. The Acting CHAIRMAN. The ques- billion, let’s just spend $52 billion, I was in a hearing earlier this morn- tion is on the amendment offered by which happens to be the amount that ing in the Financial Services Com- the gentleman from Michigan (Mr. we spent last year. So it’s not a cut, as mittee. In that committee, we are talk- UPTON). our friends on the other side will most ing about the possibility of a whole The question was taken; and the Act- assuredly say when it’s their turn to new Federal wind storm insurance pro- ing Chairman announced that the ayes speak. It’s not a cut; it’s simply level gram. I am not here to debate the mer- appeared to have it. funding, holding the line on spending. its of that, but it brought to mind that Mr. UPTON. Mr. Chairman, I demand It’s a 3 percent reduction from what’s this Nation is facing a fiscal storm, and a recorded vote. in the bill, simply going to spend what it’s a storm that we see off our shore; The Acting CHAIRMAN. Pursuant to we did last year. clause 6 of rule XVIII, further pro- but it is one that unfortunately, this That’s not too much to ask when you body continues to ignore. ceedings on the amendment offered by think about the context we find our- the gentleman from Michigan will be selves in today in the United States of It continues to ignore this problem postponed. America. Here is why it’s important, by growing the Federal budget at a AMENDMENT OFFERED BY MR. JORDAN OF OHIO and I have said this every single time. huge multiple over inflation, growing Mr. JORDAN of Ohio. Mr. Chairman, Again, every time I bring this amend- the Federal budget way beyond the I offer an amendment. ment, I always articulate to the Chair growth of the family budget. Ulti- The Acting CHAIRMAN. The Clerk of the subcommittee and the ranking mately, it’s the family that has to pay will designate the amendment. member and the Chair and ranking for this, hardworking American fami- The text of the amendment is as fol- member of the full committee that, lies that are trying to pay for their lows: you know, I don’t do this to be a pain. transportation programs, trying to pay Amendment offered by Mr. JORDAN of Ohio: I really believe we have to begin to for their health care programs, trying At the end of the bill (before the short focus on reducing spending. I appre- to pay for their education programs. title), insert the following: ciate the work that the Appropriations I have no doubt that every single dol- TITLE VII—ADDITIONAL GENERAL PROVISIONS Committee does. I appreciate the work lar in this bill can be used for a good of the subcommittee. But if we don’t purpose. There is not a doubt there, but SEC. 701. Each amount appropriated or otherwise made available by this Act that is not begin to get a handle on spending, we when do we look at what happens in required to be appropriated or otherwises are going to have problems economi- the aggregate? We have had spending made available by a provision of law is here- cally in the future. debates going on for weeks and weeks by reduced by 3.0 percent. The way it works is spending inevi- now. Unfortunately, they do become The Acting CHAIRMAN. Pursuant to tably leads to more taxes. The Amer- somewhat similar. the order of the House of today, the ican family is already overtaxed. But there are very important points gentleman from Ohio (Mr. JORDAN) and That’s why it’s important. We start to that still need to be illuminated in this a Member opposed each will control 15 get a handle on spending, so we can re- debate. Again, in every single spending minutes. duce the tax burden that the families bill brought to the floor, somebody can The Chair recognizes the gentleman across this country face. say, well, this is a good idea. But who from Ohio. Mr. Chairman, I would urge a ‘‘yes’’ goes back and looks at it in the aggre- Mr. JORDAN of Ohio. Mr. Chairman, vote on the amendment. gate? Whoever adds it all up and sees we have offered this amendment for the Mr. Chairman, I reserve the balance what we are doing to the least of these eighth time. of our time. in our society, those who do not vote, Let me just help set a framework be- Mr. ISRAEL. Mr. Chairman, I claim and those who have yet to be born. I fore I talk specifically about the time in opposition. am speaking about future, future gen- amendment. Today we have approxi- The Acting CHAIRMAN. The generations. mately a $200 billion annual budget def- tleman from New York is recognized icit. We have an $8 trillion national for 15 minutes. So all this amendment is asking to debt. We have a budget that we have Mr. ISRAEL. Mr. Chairman, with do, notwithstanding the language of been debating over the last several violent crimes increasing for the first the other side, this amendment seeks weeks and will complete the spending time in 15 years, with more pressure on to cut nothing. This amendment seeks process of that next week, but we have the Federal Bureau of Investigation, to level fund this particular appropria- a budget of $3 trillion annual budget. less resources and less investments in tions bill, using the same funding last We have an entitlement spending cri- keeping our communities safe is not year that it will use this year. sis looming, when we think about the answer. Cutting programs to the Mr. Chairman, there are many peo- what’s going to happen in the next 10 FBI, cops on the streets, anti-meth ple, many families all across America to 15 years relative to Social Security, programs is not the answer. who would love the opportunity to Medicare, Medicaid. We have got a cri- Our communities want safer streets. make it on the same income they had sis that we have to begin to deal with. They want a vigorous response against last year, this year, this year to next Today, today the Federal Govern- crime. That’s what this bill does. year. So somehow we are trying to be ment spends approximately $23,000 per Mr. Chairman, I reserve the balance convinced that something terrible and household. Now, with that as a frame of my time. draconian is going on. work, I think it’s fair to ask, is govern- Mr. JORDAN of Ohio. Mr. Chairman, Frankly, our friends from the other ment too big or too small? If you ask I yield as much time as the gentleman side of the aisle always accuse us of that question of the average American would like to consume to the Chair of cutting something. I wish, occasion- family, my guess is when they think the Republican Study Committee, the ally, that might be true. about those facts, $200 billion deficit, $3 gentleman from Texas (Mr. trillion annual budget, $8 trillion na- HENSARLING). But all spending is not created equal, tional debt and an entitlement crisis Mr. HENSARLING. Mr. Chairman, I and there needs to be priorities. There that is looming, and a Federal Govern- thank the gentleman from Ohio, again, is no doubt that many items within ment that spends $23,000 per American for his leadership in bringing this ter- this bill are a priority. But I don’t be- household, if you asked the average ribly needed amendment to the floor, lieve it’s a priority to impose an even American family if government is too his diligence in authoring this amend- greater tax burden on the American big, my guess is they would probably ment on a number of these spending people, as the Democrats seek to do in say yes. bills. their single largest tax increase in his- All this amendment does is begin to Again, although I wish we were de- tory. That shouldn’t be a priority. take that first step, that modest first bating other facets of the Federal Nor should it be a priority to pass on step into getting our spending under budget today, I think it is very, very debt to future generations, which ulti- control. important to illuminate once again mately I believe this bill will do. It

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8648 CONGRESSIONAL RECORD — HOUSE July 26, 2007 shouldn’t be a priority to raid the So- the next generation with a lower stand- And the playbook from the other side cial Security trust fund, which, by defi- ard of living. never changes. As the gentleman from nition, if we are running a Federal def- Mr. Chairman, like many others on Texas articulated, we want to spend icit, then any excessive spending con- this floor, I’m in the next generation what we spent last year in this appro- tinues to raid the Social Security trust business. I’ve got a 5-year-old daughter priations bill. Not a cut. We want to fund. and a 3-year-old son, and I am not in- spend what we did last year. Yet the So all we are asking is, is it easier to different as to leaving my children and other side will say, if we do that, the be on the road to fiscal responsibility the children of America with a lower sky’s going to fall, the world’s going to and keep faith with future generations, standard of living. I can’t sit idly by end, everything will be terrible. Oh my or are you going to be on the road to while this House week after week after goodness, we won’t have cops on the fiscal irresponsibility and not keep week spends our children’s future, street. faith? If you follow that road, here is spends them into bankruptcy, threat- That’s just baloney. We want to what you are looking at. Listen to the ens to double their taxes. That’s the spend exactly what we spent last year, words of our Federal Reserve Chair- magnitude we’re looking at, doubling because if we don’t, the ramifications, man, Ben Bernanke, who said: ‘‘With- their taxes. the consequences for future genera- out early and meaningful action’’ to And so this is a very reasonable tions, as the gentleman from Texas address government spending, particu- amendment. Frankly, I wish the gen- pointed out, are huge. And it starts larly entitlements ‘‘the U.S. economy tleman from Ohio had done even more with the entitlement programs that ev- could be seriously weakened with fu- on his amendments. But level funding, erybody knows, Republicans and Demo- ture generations bearing much of the that’s all we’re asking, Mr. Chairman. crats know, everybody knows those are cost.’’ Those aren’t my words. Those When you look at the consequences, going to be problems in the future. are the words of the Federal Reserve can we at least take a bill and get a lit- That’s all this amendment does. It’s Chairman. tle smarter, a little wiser and spend not Draconian cuts. It’s not dev- Now listen to scholars at the Brook- the same amount of money next year astating. It’s not the end of the world. ings Institute, widely known as a lib- that we did this year? And, frankly, it’s It’s not the sky is falling. It’s saying, eral institution, no bastion of conserv- the future of our children and our you know what, instead of spending ative thought: ‘‘The authors of this grandchildren that are on the line. $53.5 billion, which is what this legisla- book believe that the Nation’s fiscal Mr. ISRAEL. Mr. Chairman, the gen- tion wants to do, let’s spend $52 billion, situation is out of control and can do tleman said that we can afford to cut exactly what we spent last year. serious damage to the economy in com- or shave budgets for anticrime pro- Mr. Chairman, that doesn’t seem to ing decades, sapping our national grams like COPS. The gentleman did be too much to ask when we’re think- strength, making it much more dif- not support attempts to cut or shave ing about the context we find ourselves ficult to respond to unforeseen contin- the $90 billion in tax shelters that in, and, frankly, when we’re thinking gencies and passing on an unfair bur- allow offshore companies to shelter about the competition we face today in den to future generations.’’ their profits, open up P.O. boxes in Ber- the international marketplace. Yet week after week after week we muda so that they don’t have to pay As the gentleman from Texas pointed have spending bills coming to this their fair share of taxes. We invest a out, our Comptroller has pointed out floor, growing government way beyond fraction of that $90 billion tax shelter, the problems we face. It’s critical that the rate of inflation, growing govern- $693 million, to add 2,800 cops to the we begin to get a handle on that. ment way beyond the growth of the streets of neighborhoods. We want to That’s why we bring the amendment family budget, and it’s the family make neighborhoods safer by adding forward, that’s why it makes common budget that has to pay for Federal more cops. The gentleman wants to sense, and that’s why I urge a ‘‘yes’’ budget. make corporate offshore profits safer. vote. That’s a difference in priorities be- So here we have just one more chap- With that, I reserve the balance of tween our bill and theirs. ter in this book of fiscal irrespon- my time. Mr. Chairman, I reserve the balance sibility. Mr. ISRAEL. Mr. Chairman, violent Now, again, I know there are many of my time. Mr. JORDAN of Ohio. Mr. Chairman, crimes increased 3.6 percent in the past good programs in this bill. But why 2 years for the first time in 15 years. were so many of the other bills costing just a couple of things. I want to pick up on what the gentleman from Texas The gentleman’s response is to cut billions and billions and billions and spending for police officers, child abuse growing these budgets 3, 4, 5, 6, 7 per- was talking about, families, and a lady from a family from our district, The- programs, domestic violence programs cent more than last year? Again, too and antidrug programs by 3 percent. often people are focusing on one indi- resa from West Liberty, Ohio, a small With that, I yield 30 seconds to the vidual aspect of this budget, and they town in Ohio, said, when talking about gentleman from Ohio (Mr. RYAN), a are not focusing on the budget as a spending, talking about taxes, talking member of the committee. whole. about the growth of government, talk- Let’s listen to the words of the ing about the fact we’ve got an $8 tril- Mr. RYAN of Ohio. I thank the gen- Comptroller General, the chief fidu- lion national debt, a $3 trillion budget, tleman. ciary officer in America, who said that the government spends $23,000 per I would just like to make a couple of the rising cost of government, again, household, and all we’re asking for in points. The gentleman from Texas particularly the entitlement spending, this legislation, all we’ve been asking mentioned entitlements. I think it’s is a ‘‘fiscal cancer,’’ fiscal cancer that for in each of these amendments, is to important for the Members to recall threatens ‘‘catastrophic consequences fund government at the same level we that it was the Republican majority for our country and could bankrupt did last year, which all kinds of fami- that passed a trillion dollars in spend- America.’’ lies have to do just like this family in ing on the Medicare part D program Again, these aren’t my words. These West Liberty, Ohio. and had zero, zero ability for the Sec- aren’t the words of one lone Member. ‘‘We’re in the middle class, and we’re retary of Health and Human Services These aren’t the words of the Member the ones the tax hikes hit the hardest. to negotiate down drug prices to keep from the Fifth District of Texas. These We’re trying to put our kids through them under control. are words of the people who most know college. Can’t government live within And my good friend from Ohio made about the fiscal condition of this Na- their means?’’ the point about families, this family in tion. I mean, pretty straightforward. It’s his district, a middle-class family. This amazing how the American people get new Congress raised the minimum b 1330 it. If you ask the American people in wage which will help that middle-class The Comptroller General has gone on this framework, all this spending, all family. This Congress in the Labor-H to say, and I paraphrase, that we’re on this debt, all this deficit, is it too much bill passed an increase of $600 or $700 the verge of being the very first gen- to ask to say, you know what, Govern- million in the Pell Grant. They’re try- eration in America’s history to leave ment, just spend what you did before. ing to send their kids to school. That

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8649 will help. And we cut student loan in- ask for government to do the same, several misdemeanors, and is arrested terest rates in half. So that same fam- particularly when you look at the facts and incarcerated, most of us believe ily who has to borrow money will have and the financial situation that we’re that the Federal Government ought to to pay back $4,000 less over the course facing. assume the financial obligation for in- of the loan. With that, I yield back the remainder carcerating those people. We’re helping that family, and I’m of our time. This small group of Members had no glad we can agree on that. Mr. ISRAEL. Well, here we go again. problem spending $14 billion on tax Mr. JORDAN of Ohio. Can I inquire, We’ve been here week after week after cuts for the biggest oil companies on Mr. Chairman, how much time our side week and entertained amendment after Earth in the history of profit-making. has remaining? amendment after amendment. I respect We invest a fraction of that, $405 mil- The Acting CHAIRMAN. The gen- my colleagues for trying. Unfortu- lion, to reimburse local taxpayers for tleman from Ohio has 21⁄2 minutes. The nately, a majority of their caucus dis- the costs of the incarceration of crimi- gentleman from New York has 12 min- agrees with them, as does a majority of nal aliens. What makes more sense to utes. Congress. These amendments keep America? Mr. JORDAN of Ohio. Mr. Chairman, coming up, and they keep getting de- The war on drugs. We learned in Iraq I yield 2 minutes to the gentleman feated, and there’s good reason for that you can’t win a war when you from Georgia (Mr. WESTMORELAND). that, particularly with this bill. underfund the troops. Well, guess what, Mr. WESTMORELAND. I want to Let me share some statistics with Mr. Chairman. You can’t win a war on thank the gentleman for bringing this you, Mr. Chairman. I alluded to them drugs when you underfund cops on the amendment. before. Violent crime is increasing in streets. This small group had no prob- It’s interesting to hear about all the the United States today for the first lem spending billions and billions of savings that the majority party, Mr. time in 15 years. In 2005, violent crimes dollars on Vice President CHENEY’s no- Chairman, claims that they have increased 2.3 percent. 2006, violent bid contracts. We invest a fraction of saved. I’m interested to get to the de- crimes increased another 1.3 percent. that, $40 million, to fight illegal drugs with mobile enforcement teams; not bate on the farm bill so we can hear of From 2002 to 2005, Mr. Chairman, there mobile enforcement teams in Iraq, Mr. all the savings that’s in it, and we will were an additional 100,000 new meth Chairman, mobile enforcement teams see how the next tax increase is going users over the age of 12. Now, there is a dangerous correla- here at home. to be explained as some type of offset, Child exploitation. We fund 93 addition, because at the same time these or, as they have done so well this whole tional positions in U.S. attorneys’ of- 110th Congress, is the smoke-and-mir- violent crimes are increasing, Federal fices to fight child exploitation and en- ror thing. They do a great job with it. investments in safe communities have force obscenity laws; 38 new positions I believe when people do a good job, been cut. From 2001 to 2006, funding for in U.S. attorneys’ offices to fight gang they should be complimented. I’ve local law enforcement grants was cut crimes. Gang crimes are proliferating. never seen an illusionist as good, espe- 42 percent. This isn’t just a cut in the Gangs are a national problem. They cially convincing people that they are rate of increase, this is a wholesale cut cross not only State borders, they cross actually getting something accom- in Federal support for anticrime pro- town lines and county lines and village plished. grams, 42 percent, from $4.4 billion to lines. It requires a national investment If this Congress really wants to get $2.5 billion. And not only is crime to stop these gangs from preying on something accomplished, we’ll pass the going up as a result of these Federal our children. We invest in stopping amendment from Mr. JORDAN, because cuts, but local taxes, which in many those gangs. This small group says, it’s real savings to the taxpayers of $1.6 cases are the most regressive form of let’s cut gang enforcement by 3 per- billion. Now, in the scheme of things, taxation, are going up as well. Because cent. and I never thought I would be up here the fact of the matter is that when you Domestic violence. We invest $430 long enough to say that that’s a small cut Federal law enforcement resources, million for the Violence Against amount of money compared to the the criminals don’t go away. They stay Women Act for prosecutions. This amount of money that we spend in on the streets. They keep robbing small group says, we can protect the Congress, but it is a reasonable sav- banks. They keep beating people up. profits of big drug companies, we can ings. And not only that, but it’s an im- They keep stealing. They keep con- protect the profits of corporations that portant first step, the first time in the spiring. And so while the Federal Gov- register themselves at P.O. boxes in 110th Congress, and really, I think, ernment has abandoned its commit- Bermuda, but we have to save the in- probably one of the first times up here ment to keeping our streets safe, it’s vestment in protecting women from do- that we’ve actually saved some money, the local governments who are now re- mestic violence? and there’s nothing wrong with that. sponsible for trying to keep those Finally, Mr. Chairman, and this is And even though it’s a small start, it’s streets safe. And so all this Federal cut the real kicker, to coin a phrase by my a good start. is is a transfer of the obligation to friend from Ohio several days ago, the This bill is $3.2 billion above last local taxpayers. So what sounds like a war on terror. For the past 7 years, the year, or a little over 3 percent more cut on the Federal level ends up cost- FBI counterterrorist caseload has in- than it was last year. And while it’s a ing taxpayers even more and more to creased more than 100 percent, from modest increase, a 3 percent increase, I protect their communities. 1,150 to nearly 2,400. How do they make think that we would do much better Mr. Chairman, let’s analyze some of the argument, Mr. Chairman, that as going back to last year’s level and these cuts while crime increases. Safe the counterterrorist caseload is going learning to live within that means, Mr. communities. This small group of up 100 percent, we should shave resources by 3 percent to the FBI? I Chairman, than trying to expand the Members, who disagree with every Re- think most Americans understand that programs. publican on the Appropriations Com- they can’t go out and investigate ter- Mr. ISRAEL. Mr. Chairman, I have mittee who supported this bill, had no rorists, that that’s the job of the FBI. the right to close; is that correct? problem supporting a $90 billion tax We want the FBI to have those re- The Acting CHAIRMAN. The gen- shelter for the biggest offshore compa- sources. tleman does have the right to close. nies on Earth to protect their profits. If there is money for oil companies, if Mr. ISRAEL. Mr. Chairman, I will re- We in this bill invest a fraction of that, there is money for offshore corpora- serve the balance of my time. $693 million, to add 2,800 police officers tions, if there is money for Halli- Mr. JORDAN of Ohio. Mr. Chairman, to our streets to protect our neighbor- burton, how is it that we can’t afford I know we have just 30 seconds, and the hoods. additional resources for the FBI in the gentleman from New York will close. The State Criminal Alien Assistance global war on terror? Again, it’s a straightforward amend- Program. We can have differences on ment. It’s not a cut. It’s level funding. how to protect our borders. We all b 1345 All kinds of families have to do it want to keep our borders safe, but if Mr. Chairman, I’ll conclude by sug- every single year across this country. someone crosses our borders here ille- gesting that this really is about prior- Again, I don’t think it’s too much to gally and then commits a felony, or ities. And this is the debate we’ve had.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8650 CONGRESSIONAL RECORD — HOUSE July 26, 2007 The sponsors of this bill have legiti- AMENDMENT OFFERED BY MR. PRICE OF However, what we’ve seen recently mate philosophies, and I understand GEORGIA has buried any guise of bipartisanship. their philosophies. Their philosophies Mr. PRICE of Georgia. Mr. Chairman, And, in fact, the last 2 weeks have been are wrong. I offer an amendment. astounding and actually point to more They say government wants more of The Acting CHAIRMAN. The Clerk astounding activities over the next 10 your money and that you should decide will designate the amendment. days. The text of the amendment is as fol- how to spend it. That’s not true. The SCHIP bill, the State Children’s lows: They’ve spent the people’s money on Health Insurance Plan, which was tax cuts for oil companies. We want to Amendment offered by Mr. PRICE of Geor- adopted in a bipartisan way 10 years invest in COPS for neighborhoods. gia: At the end of the bill (before the ago, is up for reauthorization; and now They’ve spent it on no-bid contracts short title), insert the following: this new majority plans in a unilateral for big companies. We want to spend it and anti-bipartisanship way to cut SEC. ll. Total appropriations made in on investigators for the FBI. They this Act (other than appropriations required Medicare to aid State bureaucracies; spent it on protecting the profits of off- to be made by a provision of law) are hereby cut Medicare and give that money to shore companies. We want to invest it reduced by $750,000,000. State bureaucracies in an anti-bipar- in protecting the safety of our neigh- The Acting CHAIRMAN. Pursuant to tisan way. borhoods. the order of the House of today, the The flood insurance bill we’ve got in That is why, Mr. Chairman, Repub- gentleman from Georgia (Mr. PRICE) the committee right now that passed licans and Democrats, were united on and a Member opposed each will con- last year never got through the Senate this bill in the Appropriations Com- trol 15 minutes. but passed the House last year. It mittee. Every Republican on the Ap- The Chair recognizes the gentleman passed, over 400 individuals to 4. And propriations Committee joined Demo- from Georgia. now we have in our committee today crats in passing this bill because it was Mr. PRICE of Georgia. I thank the an anti-bipartisan bill that belies any common sense, the right investments, chairman, and I’m pleased to come to attempt at bipartisanship by the other the right priorities. And that’s why the floor today and offer this amend- side. when this amendment is offered again ment. And it’s a little different vein And then the farm bill that was al- on the floor for a vote, it will follow and spirit than we’ve offered other ap- luded to by my good friend from Geor- the same course and the same fate as propriate fiscally responsible amend- gia just a little bit ago. This farm bill every similar amendment before it. It ments for other appropriations bills, that’s going to be on the floor appar- will be defeated, not just by Demo- but it’s similar. But I urge my col- ently tomorrow or today, depending on crats, but by Democrats and Repub- leagues to listen closely, because the when the majority decides to bring it, licans who understand that America nuance has changed greatly. came out of committee virtually would rather have their neighborhoods Before I do begin, though, I want to unanimously, virtually unanimously, patrolled by more cops than have the make certain that any Member listen- both sides of the aisle, bipartisan. And offshore profits of companies at P.O. ing, or anybody who has heard the pre- yet over the past 24 hours what we boxes in Bermuda protected by this vious discussion and the assertion that have seen is an anti-bipartisan bill that small group of Members. the amendments that are offered by puts in that bill a tax increase of $7.5 I yield back the balance of my time. this group of fiscally responsible indi- billion. The Acting CHAIRMAN. The ques- viduals can’t even get a majority of our Mr. Chairman, you remember the $7.5 tion is on the amendment offered by own conference, that’s not true. But billion that I mentioned before. the gentleman from Ohio (Mr. JORDAN). there’s a lot of untruth spoken on this So this amendment before us today is The question was taken; and the Act- floor. For a significant majority of the an amendment to reduce the increase ing Chairman announced that the noes Members of at least the Republican from 3.1 percent over last year’s bill to appeared to have it. side of the aisle clearly support fiscally 1.6 percent. So it would take that re- Mr. JORDAN of Ohio. Mr. Chairman, responsible amendments. I’m hoping duction in the increase and would uti- I demand a recorded vote. and praying for the day that our lize $750 million a year, or $7.5 billion The Acting CHAIRMAN. Pursuant to friends on the other side join us in to, attribute to the farm bill that clause 6 of rule XVIII, further pro- that. would then make it so there wouldn’t ceedings on the amendment offered by I do agree with my friends who spoke have to be any tax increases that my the gentleman from Ohio will be post- previously that this is about priorities. friends on the other side so love, but poned. It is indeed about priorities. This there wouldn’t have to be any tax in- The Acting CHAIRMAN. The Com- amendment before us today would re- creases for that portion of the farm mittee will rise informally. duce the increase in the spending in bill. The Speaker pro tempore (Mr. this portion of the appropriations bills SERRANO) assumed the chair. by $750 million a year, or $7.5 billion This is a fiscally responsible way. f over 10 years. Mr. Chairman, I would This is the kind of flexibility that I be- ask that you remember that number, lieve our constituents desire when they FURTHER MESSAGE FROM THE ask Congress and they ask Washington SENATE $7.5 billion over 10 years, because it’s there for a reason. to be responsive to their needs, to re- A further message from the Senate But before I get into the specific rea- spect their pocketbook, to make cer- by Ms. Curtis, as one of its clerks, an- sons of that, I want to talk a little bit tain that they are able to keep more of nounced that the Senate has passed about the process and the disappoint- their hard-earned money and not be with an amendment in which the con- ment that so many of us on this side of subject to the kind of remarkable tax currence of the House is requested, a the aisle have in this process, and so increases that we’ve seen by the other bill of the House of the following title: the disappointment that many folks side of the aisle. H.R. 1538. An act to amend title 10, United who have to be muted on the other side So I would encourage my colleagues States Code, to improve the management of have in the process. to adopt this amendment, utilize those medical care, personnel actions, and quality There were grand promises of biparti- extra monies that the majority is so of life issues for members of the Armed sanship as we began this session of adept at finding, make it so that the Forces who are receiving medical care in an farm bill needs no tax increases what- outpatient status, and for other purposes. Congress earlier this year. And biparti- The SPEAKER pro tempore. The sanship is the least that we have had soever. Committee will resume its sitting. on virtually every single issue. And I I reserve the balance of my time. Mr. SCHIFF. Mr. Chairman, I rise to f understand at the beginning the new majority felt that they had to move claim the time in opposition to the COMMERCE, JUSTICE, SCIENCE, forward with many of their issues, and amendment. AND RELATED AGENCIES APPRO- that’s appropriate. That’s appropriate. The Acting CHAIRMAN. The gen- PRIATIONS ACT, 2008 That’s their due, given the results of tleman from California is recognized The Committee resumed its sitting. last November. for 15 minutes.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8651 Mr. SCHIFF. I thank the chairman, comments. It brings to mind what I that which we’ve seen before. That’s and I’ll be brief at the outset and in- have come to describe this Congress as, the product of the economic policies. tend to reserve our time for the conclu- and that is the Orwellian democracy That’s our key to success and security sion of the debate. that we see day in and day out. The ac- of this country. But we’re here again to really talk cusation is that this side of the aisle Now, as far as the pay-as-you-go about what the priorities of the Nation spent too much money, so that side of rules that the majority has adopted, are and the competing philosophies of the aisle is going to ‘‘stop digging.’’ you know what that means? That the bipartisan majority and the small Well, they’re stopping digging to the means never cut spending, always raise minority that has taken to the floor tune of a 3.1 percent increase, billions taxes. here today. of dollars of increase. So their response b 1400 The value of the bipartisan majority to don’t spend that much is let’s spend That is why we are here opposing this is to invest in this country, to make more. And that’s where the Orwellian sure that what we have been able to because, yes, this amendment allows us democracy comes in. not to have to raise taxes to fund the enjoy, the struggle and the sacrifice And the accusation from the other expansion of the farm bill that the ma- that our parents and their parents side that comes, that says, well, you jority has proposed. made, is a tradition that we continue don’t want to spend this, you’re going in the sense that we want to leave an Again, I would just ask my col- to cut this program, you’re going to leagues to support the gentleman’s America that is stronger and that is cut COPS, you’re going to cut pro- safer than the one we inherited. amendment because the bottom line grams that are vital to our Nation, it’s here is what we are talking about is And efforts like this, to cut our in- kind of like having your child come to vestment in law enforcement, to cut the difference between raising taxes you and say, I’d like to have an in- and raising spending or somehow get- our investment in trying to keep our crease in my allowance. And say they communities safe, our police officers ting ahold of ourselves, applying some were getting $5 a week. They wanted fiscal discipline so that we can show safe, are very shortsighted. $10 a week, and you settled on $7.50 a Now, we all believe that the budget the American people that we hear them week, and then your son or your daugh- has to be wrestled to the ground in the when they say there is too much waste ter says, hey, you just cut my allow- sense that over the last 6 years my and spending in Washington. friends in the Republican majority bor- ance by $2.50. That doesn’t make any Mr. SCHIFF. Mr. Chairman, I am rowed and spent into oblivion. We now sense. But that’s the argument. That’s pleased to yield 2 minutes to the gen- have a massive national debt. As a re- the argument on the other side. tleman from Ohio. So we endeavor to have fiscal respon- sult of that fiscal responsibility, we’ve Mr. RYAN of Ohio. Mr. Chairman, I sibility. We endeavor to be responsible got a problem on our hands that we thank the gentleman for yielding. need to wrestle to the ground, and we with the hard-earned tax money of the It has been said a couple times here are. In the majority we have instituted American worker. today about money in people’s pockets. I’m pleased to yield 21⁄2 minutes to pay-as-you-go rules, something that And I would suggest that under the my good friend from Virginia, the chief the prior majority, my friends in the leadership of the Democrats and the deputy whip, Mr. CANTOR. GOP, were unwilling to do. That has Republicans, who have been great, on Mr. CANTOR. Mr. Chairman, I’d like been along the philosophy of when the Appropriations Committee, we are to just first respond. I rise in favor of you’re in a hole, stop digging. So we’ve putting money back in the pockets of this amendment and respond to some stopped the digging. average American people. At the same time, we can’t stop in- of the remarks that were made on the Only half of the people in my con- vesting in our country, we can’t stop other side of the aisle. gressional district got a tax cut. Only investing in our future, we can’t stop I think we can all agree that we must half. And the ones that got it only got investing in the security of our neigh- continue as a people to invest in our a couple hundred dollars. So when you borhoods; and that’s what this bill is people, to invest in this country. All of look at the big tax cuts that sup- about. us, all of us were elected by the con- posedly went to people who live in The cuts that my friends in the oppo- stituents that we represent to leave an Youngstown and Akron, Ohio, that was sition are proposing here today have America stronger and more secure than a couple hundred dollars, and you com- only one merit, and that is they’re in- the way we found it, stronger and more pare that with what we are doing with discriminate. They cut the top prior- secure for our children and our grand- the Pell Grants, an increase of $500 or ities along with the lower priorities, all children. $600, that is going to people in my dis- at the same time. The problem is here, every time we trict. So we are already $400 ahead of My friends in the, not the minority get a chance, every time we turn the tax cut that the Republicans were party, because frankly, we have a great around, we seem to be raising taxes. so generous to give. many Republicans who have joined us. There is no way that we can leave an When you look at cutting student All the Republicans on the Appropria- America stronger or more secure if we loan interest rates in half, saving $4,000 tions Committee support the work somehow cut off the economic engine over the course of a loan, that is product. But the minority that’s that allows us to continue to make the money in the pockets of people who speaking here on the floor today isn’t investments in our people of this Na- live in most of our congressional dis- willing to do the hard work and to say tion and in our security. tricts. this is a high priority; we can’t afford There were remarks made about the And I am thankful for the concern to cut it. This is a lower priority; national debt that we are now experi- for the American families, but I wish maybe we can trim this here. No, encing. Well, you know what? The na- our friends on the other side, at least they’re not willing to do that. They’re tional debt, frankly, is 11⁄2 percent of most of them, were around when we willing to say let’s cut everything GDP. And from all corners, from the tried to give them a pay raise and in- equally, the essentials with the non-es- economists to the former Federal Re- crease the minimum wage. They are sentials. And let’s not raise the rev- serve Chairman to the current Federal talking about taking money out of enue we need to support our law en- Reserve Chairman, that 11⁄2 percent of their pockets. We are trying to put forcement by ending corporate welfare. GDP is a lot lower than it has been re- money in their pockets. That is what They’ve been unwilling to do that. cently, and it is due to the very for- we are trying to do here. These are some of the philosophical ward-thinking economic and tax poli- And as the gentleman from New York differences we’ll hear during the debate cies that we have in place which re- made the point a few minutes ago, we on this amendment. ward risk-based investment which, are funding 2,800 cops. We can’t pass Mr. Chairman, I’m going to reserve frankly, don’t shun the notion that we police and fire levies in my district be- the balance of my time and look for- should empower the families and the cause the cities just don’t have the ward to an opportunity to address the businesses of this country so that they money, and we don’t have the local House in a few minutes. can take care of themselves. economy. Mr. PRICE of Georgia. Mr. Chairman, And you know what? The revenues in The Federal Government does have a I’m somewhat amused by my friend’s this Federal Government are up beyond responsibility to make our streets

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8652 CONGRESSIONAL RECORD — HOUSE July 26, 2007 safer. That is what this bill does. That of our Nation that they passed in their dollars’ worth of tax shelters, they is what the chairman and the ranking budget, about $2,700 per family, is a pe- didn’t vote for that, but yet they want member of the subcommittee have culiar way of showing you are caring to cut COPS programs in our local done. And that is why this amendment for the American family. communities. They had the oppor- needs to go down. This is not the time With that, Mr. Chairman, I am tunity to stop funding these huge tax to start cutting police officers going to pleased to yield 2 minutes to the mi- cuts and subsidies to the oil companies, our streets to make our communities nority whip, my good friend from Mis- refused to do that for fear of alien- safer so that we can grow our local souri (Mr. BLUNT). ation, and now they choose to do it on economies. Mr. BLUNT. Mr. Chairman, I thank the backs of these programs. Mr. SCHIFF. Mr. Chairman, I yield my friend for yielding. I am pleased to Mr. SCHIFF. Mr. Chairman, I yield myself such time as I may consume. be here as a part of this debate. myself such time as I may consume. I want to make just two quick points I continue to hear as these debates go A couple quick points. Of course we in response to my friend’s argument on that somehow these increases are hear the mantra from my friends on that these are not real cuts, these are not real increases, and I continue to be the other side of this bill’s representing somehow imaginary cuts, and the illus- mystified by that. I think if my good a tax increase when there is no tax in- tration he gave of the allowance he friend from Georgia’s amendment was crease in this bill. We have now heard gives his child. Two things, one factual approved, and I voted for his cutting the same statement applied to the farm and one philosophical. amendment on each of these bills, if bill. There is no tax increase in the On the factual side, my friend’s that amendment was approved, we farm bill. across-the-board cuts will mean very would still have an increase in this bill My friends seem to think that the real, very direct, very incontrovertible of a little over 5 percent. corporate welfare that we provide, if cuts, less money now than the year be- Now, I don’t know how that cal- you cut corporate welfare, that some- fore in many vital programs; not every culates out to not an increase, but I am how we are increasing taxes on average program, but many vital programs in- continuing to try to figure out how Americans; if we do away with offshore cluding some I will point out in my that is not an increase. I do know that tax savings, that we are somehow friend’s home State of Georgia, things that increase of 5 percent anywhere doing away with the income of ordi- that law enforcement in Georgia and that I talk to Americans is an increase. nary Americans. But I think ordinary around the country care a great deal And I know, more importantly, in the Americans would rather have the in- about. Real cuts. We will talk about course of today and tomorrow that vestment in our law enforcement. They some of them. what my friend from Georgia is sug- would rather have safe streets than We can’t hide behind an across-the- gesting is that if we let this one appro- safe shelters overseas. board amendment and say, we are not priations bill grow by 5 percent, as we And one point I wanted to make with really cutting anything, because you move on later into the discussion of respect to a comment that my friend are. Basically what you are telling the farm bill, we would have saved from Georgia made. He said the depart- your child in the allowance hypo- enough money in this 1.4 percent cut ments here aren’t even asking for the thetical is we are going to cut how not to have a tax increase that puts the resources we are providing them. None much we are going to spend on your farm bill in jeopardy. of the agencies want the resources that education, a real cut. We are going to The farm bill is a bill that I voted for they would be provided in this bill. cut how much we are going to spend on in the past and hope to vote for this Maybe my friend represents a very your health care, a real cut. Let’s hope year, but it is a bill that doesn’t have different district than my own, but I you don’t get sick. to include a tax increase. But the $7.5 have never had police officers from my One of my friends in the opposition, billion over 10 years that the farm bill cities of Burbank, Glendale, or Pasa- in support of this same amendment, needs could be gained right here if we dena come to me and say, Congress- last week said, American families are would save $750 million of the increase man, we have too much money for just going to have to make the deci- in this bill. cops. We have too many cops on the sion, we can’t afford to have each of I just urge my colleagues to look at street. We don’t want any of your help. our kids go to college. Maybe we will what we are doing here, realize that we Thank you, but no thank you. have to choose one child who won’t go are jeopardizing important things by Now, maybe things are quite a bit to college. Well, philosophically the bi- moving forward in a way that spends better in Georgia. Maybe there is no partisan majority of this House doesn’t more money than we have to spend this crime in Georgia, and maybe your po- accept that for America. We believe year. lice departments are saying, we don’t every child who is bright enough to go Most of these programs are good pro- need vests, we don’t need cops, we are to college ought to go to college. The grams. I was a college president for 4 doing great, thank you, but no thank fact that his parents may be rich or years. I believe in college education, in you. poor shouldn’t matter. And we are will- everybody having one. I don’t believe That is not what I am hearing. What ing to make the investments in our that the reality is as stark as our I am hearing is they have got greater colleges to make sure that no parent friends on the other side would suggest. responsibilities in the war on terror. has to say this child can go to college I believe a 5 percent increase used wise- They have got higher gang violence. and this one can’t because we are not ly would make all of these programs They need the resources. They need the willing to make the investment. work effectively and for the American people on patrol. That is what I am Mr. Chairman, I reserve the balance people, and we would be making the de- hearing. of my time. cisions we need to make for the other Mr. Chairman, I reserve the balance Mr. PRICE of Georgia. Mr. Chairman, things we need to do. of my time. once again I am amused by the com- I support this amendment. Mr. PRICE of Georgia. Mr. Chairman, ments of my good friends and col- Mr. SCHIFF. Mr. Chairman, I am at this point I am pleased to yield 2 leagues on the other side. happy to yield 30 seconds to my col- minutes to my good friend from Indi- The fact of the matter is the depart- league from Ohio. ana (Mr. PENCE). ments that run these programs that we Mr. RYAN of Ohio. Mr. Chairman, I (Mr. PENCE asked and was given per- are addressing right here asked for $2.3 thank the gentleman for yielding. mission to revise and extend his re- billion less than our good friends on It is very interesting and we need to marks.) the other side are proposing us to continue to point this out: We had a Mr. PENCE. Mr. Chairman, I thank spend, which means that they believe measure within the first 100 hours we the gentleman for yielding, and I thank they can accomplish the goals that were here to cut $14 billion from the oil him for bringing this important have been given to them with $2.3 bil- company subsidies, and my friends on amendment. lion less. the other side couldn’t find the courage Facts are stubborn things, Mr. Chair- And they talk about all this wonder- to vote for that, but they want to do it man. The CJS bill spends $53.6 billion. ful caring they have for families. Well, on the back of these COPS programs in This amendment would reduce that by the largest tax increase in the history our local neighborhoods. Ninety billion 1.4 percent, but it would still allow for

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8653 an increase in the Commerce-Justice, to tell people what to do in their local cuts for millionaires. And so what does and Science spending. With the passage schools, and we’re now giving them 90 he do? He cuts the guts out of our as- of this amendment that is being char- cents on the dollar. Those who are sistance to local law enforcement, and acterized as a cut in the CJS budget, talking about free gifts for people who then we wonder why the crime rate has this bill still increases by nearly $1 bil- are providing for educational activi- gone up the last 2 years. He cuts the lion compared to last year. ties, et cetera, et cetera, et cetera, guts out of law enforcement, and then And let me be clear on what we are eventually the folks who are sending each year the previously Republican- trying to do, I think what the gen- their children for school, one way they controlled Congress comes in, they re- tleman from Georgia is trying to do will pay for that education, one way or store about one-third of those cuts, here, and that is we are trying to find another. For you could, in those days, they say, oh, what good boys are we. a way to avoid having to raise taxes I’m not sure what the figure is now, Look at what we’ve done to help law the way the Democrats are planning to but in those days you could take every enforcement. And at the end of that do in the farm bill later today. I mean, family that made $100,000 or more, and time, we’re $1.5 billion below where we the Democrat majority is planning to anything above that $100,000, tax it 100 were in 2001 in terms of our assistance bring a $7.5 billion tax increase to the percent, and you could run the govern- to local law enforcement. Now, maybe floor of the Congress in the context of ment for 30 days. that makes sense to some folks; it the farm bill later today, and we are The people are not stupid. They doesn’t make sense to me, not with the just trying to take this opportunity to know, as you’re playing games with explosion of meth problems all over the make a cut in a single year that, if we them suggesting, oh, Uncle Sam has a country, not with the explosion of drug did it over 10 years, we wouldn’t have free lunch here some way, the folks problems. to raise taxes. that you’re talking to are having to The prior Speaker of the House had a Now, that is being characterized as pay the bills in the final analysis re- big thing about going after drug pro- the work of a small minority versus a gardless, because all those rich people, duction in Colombia. We’re spending bipartisan majority. At least they are you tax them 100 percent, and they will hundreds and millions of dollars in Co- not calling us a fringe this week. not run your government more than 30 lombia, but we’re not spending nearly Well, I think if the small majority is or 60 days. And who pays for the rest of enough money here at home to reduce the people that want to pay for in- it? the demand for those same drugs that creases in spending with budget dis- Another point that is very impor- are being produced in Colombia, and cipline, and the bipartisan majority is tant, in my view, the rhetoric that sug- this amendment would cut that fur- the one that wants to pay for increases gests that the Federal Government ther. in spending by raising taxes, I am should do everything centers around The same crowd talking is the crowd happy to be part of the small majority the reality that the Federal Govern- that didn’t mind providing $600 billion that I happen to think speaks for the ment has a responsibility to provide for in borrowed money in order to finance overwhelming majority of the Amer- the national defense, make an effort to that misbegotten war in Iraq. It’s the ican people, who want this Congress to provide security and freedom in the same crowd that is willing to provide live within its means, who want this world, and then make sure our local $57 billion in tax cuts to millionaires Congress in a bipartisan way to make government and our State govern- this year, paid for with borrowed the tough choices to put our fiscal ments are healthy. They are not money. But then they divert the house in order. healthy if you so discourage industry public’s attention from the cause of I commend the gentleman from Geor- that they leave the country in order to those on-the-cuff expenditures by say- gia. I thank him for his vision. I urge be able to get their work done and ing, oh, we’re going to focus a 1 or a 2 passage of the Price amendment, be- produce the products that we need. percent cut on law enforcement, a 1 or cause if it passes, it will lay a founda- Those rich oil companies that you’re 2 percent cut on the National Science tion where we will not have to raise talking about, they’re leaving the Foundation so we can get people to taxes by $7.5 billion in the farm bill country. The light bulbs we were talk- think that that’s the problem that’s later today. ing about earlier, they’re all made in causing the deficit and not our prof- Mr. SCHIFF. Mr. Chairman, I reserve China. It’s about time we recognize ligacy for the last 2 years. the balance of my time. Now our friends on the Republican Mr. LEWIS of California. Mr. Chair- that Uncle Sam does not have every side of the aisle say, oh, we’ve got this man, I move to strike the last word. answer. The CHAIRMAN. The gentleman is I’m going to vote ‘‘no’’ on this bill, in terrible tax cut coming in the farm recognized for 5 minutes. spite of what the gentleman from Cali- bill. Baloney. What we’re trying to do Mr. LEWIS of California. Mr. Chair- fornia said earlier. I have the privilege in the farm bill is to increase support man, I had not intended to speak on of being the ranking member on the for domestic nutrition programs so this matter, but the rhetoric has got- committee, but I’m going to be voting that, in addition to having 44 million ten my attention enough that I ‘‘no’’ because it is about $2 billion over people in this country who are walking thought I should share with the Amer- the President’s budget request, and the around without health insurance, we ican people as well as my colleagues agencies around know they don’t need don’t also have a lot more kids walking my early experience in public affairs. as much money as you folks want to around who are hungry. And we’re I will never forget running for a spend on them. talking about paying for that not by school board, and people were talking Mr. Chairman, I yield back the bal- raising taxes on middle-class Ameri- about the Federal Government’s begin- ance of my time. cans, but by closing the loopholes on ning to get involved in education. I re- Mr. OBEY. Mr. Chairman, I move to offshore foreign corporations. member saying to those people, let us strike the last word. Now, I’m not at all surprised that the be very, very careful about going to The Acting CHAIRMAN. The gen- Republican leadership cannot tell the Uncle Sam to finance our schools when tleman from Wisconsin is recognized difference between closing tax loop- traditionally that is the highest of for 5 minutes. holes on special interests and raising State responsibilities, and they cooper- Mr. OBEY. You know, Mr. Chairman, taxes on the middle class. The dif- ate with local districts to provide for we’ve had a game going on in this Cap- ference is that on this side of the aisle our schools and control them. itol for the last 6 years. It’s called we can, and that’s why we’re voting Uncle Sam then gave only 10 cents on ‘‘Shift the Shaft,’’ and nowhere is it against your amendment. the dollar for education, and those who more clear than in what has happened Mr. Chairman, I yield back the bal- gave the 10 cents wanted to tell us with law enforcement funding. ance of my time. more and more what to do in our local As I said yesterday, we’ve had a Ka- Mr. PRICE of Georgia. Mr. Chairman, school districts. buki dance going on in this Congress I am pleased to yield 15 seconds to my for years. What happens is each year good friend from Georgia (Mr. WEST- b 1415 the President comes up with a budget. MORELAND). All these years later, I must say it’s He’s looking for things he can squeeze Mr. WESTMORELAND. I thank my like 50 years later, we continue to want out of the budget to make room for tax friend for yielding.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8654 CONGRESSIONAL RECORD — HOUSE July 26, 2007 I just want to clear up one thing. the decline in FBI criminal investiga- across-the-board cut, Fort Collins, Col- Let’s clear the smoke out of the room tive resources, particularly in light of orado, they got five vests. Greeley City here and put some facts in the discus- the recent announcement by the FBI got 53 bulletproof vests. Longmont sion. The Clinton administration that violent crime in communities City got 28 bulletproof vests. Colorado, awarded the Halliburton contract. Mr. across the Nation, murders, robberies, in this particular year, got 3,900 new CHENEY only extended it. The Bush ad- forcible rapes and aggravated assaults, vests. These across-the-board cuts ministration only extended it after rose for the second straight year. mean fewer bulletproof vests for cops trouble in the Middle East broke out. Why would we want to cut the FBI in Colorado. Mr. SCHIFF. I thank the gentleman $90 million when crime is increasing? My friend’s amendment from Ohio, for his defense of the Vice President Mr. SCHIFF. I thank the gentleman with even bigger across-the-board cuts, and Halliburton. I’m sure the Vice for pointing out the cuts to the FBI would be devastating in Ohio. Ohio, in President has no connection, no his- and other law enforcement that would this program, got 5,200 new vests. So tory with Halliburton whatsoever. be occasioned by this amendment and what is that going to mean? A 6 per- Mr. Chairman, I reserve the balance others that my friends are offering. cent cut. That means, what, several of my time. The cuts go deeper. They cross the hundred fewer bulletproof vests? Well, Mr. PRICE of Georgia. Mr. Chairman, board in terms of everything that the that may not mean much to us here, may I inquire as to how much time re- Justice Department does. My friend’s but if you’re one of those cops that mains on each side? amendment would cut funding for vic- can’t get their vest replaced and that The Acting CHAIRMAN. The gen- tims of child abuse. My friend’s amend- vest isn’t going to work so well against 1 ment would cut funding for the COPS one of those assault rifles or one of tleman from Georgia has 1 ⁄4 minutes remaining. The gentleman from Cali- program. It would cut funding for vio- those other heavy-caliber munitions lence against women, victims of vio- they’re facing out there on the street, fornia has 51⁄2 minutes. Mr. PRICE of Georgia. Mr. Chairman, lence against women. But let’s hone in it means a heck of a lot. And I don’t know about my friend I do want to point out that there isn’t on a very specific, because my friend from Georgia, but I don’t have the cops a corporation in this world that pays says, well, these aren’t really cuts. Let from my district coming to me and taxes that don’t come from somewhere me talk about one program specifically saying, we’ve got more money than we other than the back pockets of the that my friend’s amendment makes a need. We don’t need bulletproof vests. American people. There isn’t a single very real cut to, not artificial, not Or- wellian, not imaginary, and that’s bul- We don’t need interoperable commu- corporation in this Nation that doesn’t nications equipment. A lot of the cops pay taxes where that money doesn’t letproof vests. Back in 2003, the Attorney General out in the County of Los Angeles can’t come from individuals. announced the Body Armor Safety Ini- talk to each other because their com- Corporations don’t pay taxes; it’s tiative in response to the failure of bul- munications equipment won’t talk to passed through, it goes to the indi- let-resistant vests. One in particular each other. We fund that here. My vidual. So to say that any increase in worn by a police officer in Pennsyl- friend’s amendment cuts that here. taxes on corporations doesn’t affect the vania was discovered that the xylan How can my friends, not on the bi- American people is ridiculous. It’s ri- vests, when they were old and used, partisan majority, but in the minority diculous. To talk about the oil compa- weren’t stopping bullets the way they that has expressed themselves here nies that have their taxes increased, all were supposed to, and so the Justice today, say they’re for law and order, that the majority has done is driven us Department started a program to re- say they’re standing behind the men to greater reliance on foreign oil. place these vests. and women in uniform, and then make This amendment would decrease the The COPS program funds an effort to real cuts to what we provide? Or, as my increase of spending in this portion of provide vests for local police depart- chairman points out, if you don’t just the appropriations bill by 1.4 percent, ments. That program has been very look at last year, compared to last $750 million a year, $7.5 billion over 10 successful. In my friend’s home State year where we didn’t do very well by years, in order to cover what the ma- of Georgia, for example, he can pick them either, but if you look at where jority says is the desire and the need to any city, Alpharetta City, the program we were in 2001, we’re going backwards, have a tax increase for the farm bill. bought 40 new bulletproof vests for the not forwards. We’re not even at where This is the kind of fiscally respon- police officers in Alpharetta City. we were 5 years ago. sible spending and appropriations that Across Georgia, there were 1,100 of This amendment is a mistake, and I the American people are demanding. these xylan vests replaced that needed urge my colleagues to reject it. Mr. Chairman, I yield back the bal- They aren’t interested in a government to be replaced. that is so large that it can take away In the new COPS program that we’re ance of my time. Mr. MOLLOHAN. Mr. Chairman, I everything that they need. They be- funding here, Alpharetta City got 25 move to strike the last word. lieve they can make better decisions new bulletproof vests. Cherokee Coun- with their money than the government The Acting CHAIRMAN. The gen- ty got 293 bulletproof vests. Cobb Coun- tleman from West Virginia is recog- makes with their money. ty got 566 bulletproof vests. DeKalb And so we strongly urge our col- nized for 5 minutes. County got another 240. Georgia, in Mr. MOLLOHAN. Mr. Chairman, I leagues to adopt this amendment to total, just in this particular year, I just want to expand on the excellent avoid a tax increase on the farm bill. think 2005, got 4,789 new bulletproof debate and the points that have been Mr. SCHIFF. I thank the gentleman vests. made in opposition to this amendment. for pointing out that corporations My friend’s amendment makes a real The fact is we are in a period of ris- don’t pay taxes. I don’t think that’s cut to the number of bulletproof vests ing crime. In the last 2 years we have quite true, but that certainly is the we can provide cops, not a decrease in experienced a rise in crime. We are aim of my friend from Georgia, and my the rate of increase, but makes a real looking at an amendment that pro- friends in the majority have been cut. Under my friend’s amendment, the poses an across-the-board cut. working hard for that object for some cops in Georgia are going to get fewer The first thing you all need to under- time. bulletproof vests than they would get stand about this amendment is that it I am happy to yield 30 seconds to my without it and than they got last year. is indiscriminate. It doesn’t look at colleague from New York (Mr. ISRAEL). Now, I can’t go home to my district what programs are being cut. It doesn’t Mr. ISRAEL. I thank the gentleman. and tell the cops of Burbank, Pasadena talk about cutting one program more I just want to shed some light on and Glendale that I cut their funding because it’s a lower priority or that some of the rhetoric we’ve heard. Ripe for their bulletproof vests, but the in- program less because it’s a higher pri- from the committee report, FBI field discriminate nature of this amendment ority, or excluding some programs investigative resources used for crimi- means that is exactly what it would do from being cut because they are a tre- nal investigative matters have de- in my district, in my friend’s district mendously high priority. creased 29 percent from nearly 6,200 in Georgia. My colleague just talked about State agents to 4,400 agents over the same pe- My friend from Colorado, who has an and local law enforcement. The pre- riod. The committee is concerned over amendment, I’m sure, for another vious amendment would have cut the

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8655 Justice Department by some $681 mil- Mr. FRELINGHUYSEN. Mr. Chair- those who are not lawful to work in the lion. This amendment cuts the Justice man, I move to strike the last word. United States. It includes two cat- Department by $335 million. Those are The Acting CHAIRMAN. The gen- egories of people. It would be those who real dollars and real cuts to law en- tleman from New Jersey is recognized are unlawfully present and those who forcement. Those cuts translate di- for 5 minutes. are lawfully present without work au- rectly to local law enforcement and the Mr. FRELINGHUYSEN. I yield to the thorization. people that are actually fighting crime gentleman from Georgia. My amendment prohibits any of the in the streets. Mr. PRICE of Georgia. Mr. Chairman, funds that are appropriated under this I rise and with all due respect would b 1430 act from being used to employ persons ask my colleagues to simply read the who are not lawful to work in the What the Federal Government has amendment. The amendment states, United States. done to support those folks in the past total appropriations made in this act It is a standard amendment that I is given them resources, as the gen- are hereby reduced by $750 million. brought in the past. Should the gentleman just described. If you are the That is not an across-the-board cut. tleman ask me to yield, I would be sheriff’s department in rural America, That allows the agencies to determine open to that, obviously. or you are the chief of police in urban where best they are able to absorb a de- Meanwhile, the point that inspires America, or if you are a local law en- crease in the increase that they would me to come to the floor more than any forcement coordinator, then you are be provided by this underlying bill. other is a report that was released in hurt badly by this across-the-board cut What we challenge with this 1.4 percent June of 2006 by the Office of the Inspec- amendment. reduction in the increase is for each of tor General of the Social Security Ad- The last amendment was a $45 mil- those agencies to find 14 cents out of ministration that identified that ap- lion cut to State and local law enforce- every $10. proximately 11,000 employees were ment. That means, as the gentleman Mr. Chairman, I would suggest that likely working for the government, 7 just eloquently described, a large cut is what families do all across this Na- Federal agencies, 7 State agencies, and to our State and local law enforce- tion every day. So our priorities are 3 local agencies, under nonwork Social ment. the American family. Our priorities are Security numbers. All the Federal Gov- I would like to describe another area the American family. We take our re- ernment needed to do was run their of the bill that would be cut by this sponsibility seriously to keep it fis- databases against each other, the So- amendment. To emphasize how real cally prudent and fiscally responsible. cial Security Administration and the these cuts are, let’s look at NASA. We Mr. Chairman, we believe this Department of Homeland Security. have acknowledged that NASA is not amendment moves us in that direction. They could have identified these em- being funded at a level that allows it to We would urge our colleagues to sup- ployees. meet its missions across the board. If port the amendment. The category that I have described you are at Glenn Research Center or Mr. FRELINGHUYSEN. I yield back only includes those who are lawfully the Ames Research Center, and you are the balance of my time. present but not authorized to work, but out there listening to this amendment, The Acting CHAIRMAN. The ques- there is another category of those that you need to understand that across- tion is on the amendment offered by are not lawfully present that this the-board cuts are going to mean sig- the gentleman from Georgia (Mr. amendment would address, as well. nificant things to your institutes. It PRICE). Mr. MOLLOHAN. Mr. Chairman, will means you are going to have fewer re- The question was taken; and the Act- the gentleman yield? sources when right now you have a ing Chairman announced that the noes Mr. KING of Iowa. I yield to the gen- mission that you already lack re- appeared to have it. tleman from West Virginia. sources to perform. Mr. PRICE of Georgia. Mr. Chairman, Mr. MOLLOHAN. Mr. Chairman, this Employees at Kennedy Space Center, I demand a recorded vote. amendment, as we understand it, is Marshall Space Flight Center, Goddard The Acting CHAIRMAN. Pursuant to merely a restatement of current law, Space Flight Center and Johnson Space clause 6 of rule XVIII, further pro- which already prohibits the employ- Flight Center in Texas, or who live in ceedings on the amendment offered by ment of unauthorized aliens. We don’t the communities and depend on it will the gentleman from Georgia will be read into it that it imposes any new be impacted by this amendment. postponed. burden on those who are using funds Science. This amendment would cut AMENDMENT OFFERED BY MR. KING OF IOWA appropriated under the act. It is fully $79.7 million out of the science ac- Mr. KING of Iowa. Mr. Chairman, I consistent with current legal obliga- count. In this bill we tried to increase offer an amendment. tions imposed on all employers, regard- the science account so they will be able The Clerk read as follows: less of whether or not they use such to do their missions. Amendment offered by Mr. KING of Iowa: funds. Aeronautics; $9 million. And out of At the end of the bill (before the short We would accept the amendment, Mr. exploration—Johnson Space Flight title), insert the following: Chairman. Center and Kennedy Space Flight Cen- TITLE VII—ADDITIONAL GENERAL Mr. KING of Iowa. Mr. Chairman, re- ter ought to be really tuned in to this— PROVISIONS claiming my time, I thank the chair- $54.9 million. SEC. 701. None of the funds in this Act may man. I concur with the analysis that he A total cut for NASA, Mr. Chairman, be used to employ workers described in sec- has delivered to the floor of this House, of $246.7 million. NASA is concerned tion 274A(h)(3) of the Immigration and Na- Mr. Chairman. I would encourage adop- about that. NASA says, and let me tionality Act (8 U.S.C. 1324a(h)(3)). tion of my amendment. read, ‘‘The consequence of these cuts is The Acting CHAIRMAN. Pursuant to Mr. Chairman, I yield back the bal- that NASA will not be able to make as the order of the House of today, the ance of my time. effective or safe a transition to the new gentleman from Iowa (Mr. KING) and a The Acting CHAIRMAN. The ques- systems as originally planned. There Member opposed each will control 5 tion is on the amendment offered by will likely be significant workforce im- minutes. the gentleman from Iowa (Mr. KING). pacts as a result. Thus these budget re- The Chair recognizes the gentleman The amendment was agreed to. ductions have ripple effects over many from Iowa. AMENDMENT OFFERED BY MRS. MUSGRAVE years due to the highly integrated na- Mr. KING of Iowa. Mr. Chairman, I Mrs. MUSGRAVE. Mr. Chairman, I ture of the shuttle and exploration sys- yield myself such time as I may con- offer an amendment. tems. Many shuttle employees are at sume. The Acting CHAIRMAN. The Clerk risk with these across-the-board cuts.’’ Mr. Chairman, this amendment that will designate the amendment. So, Mr. Chairman, this is just an- I bring before the House is an amend- The text of the amendment is as fol- other reason of why we should be ment that I brought on at least two lows: against these across-the-board cuts. other appropriation bills. The section Amendment offered by Mrs. MUSGRAVE: Mr. Chairman, I yield back the bal- of the Code that it addresses, At the end of the bill (before the short ance of my time. 274A(h)(3), is the section that defines title), insert the following:

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8656 CONGRESSIONAL RECORD — HOUSE July 26, 2007 TITLE VII—ADDITIONAL GENERAL going to have a tax increase. In fact, if the majority seems to be determined to PROVISIONS I may quote the chairman, when I of- continue to accelerate the increases in SEC. 701. Appropriations made in this Act fered my amendment, he said, ‘‘Nobody spending in the discretionary sections are hereby reduced in the amount of is talking about a tax increase here.’’ of our budget. It is like you are driven $267,755,000. Now, today, we have the farm bill com- to grow this government no matter the The Acting CHAIRMAN. Pursuant to ing up on the floor, and we have a tax price to the taxpayers. the order of the House of today, the increase. So I have come in a realization here gentlewoman from Colorado (Mrs. I had to call the Farm Bureau today, in the first 6 or 7 months of this 110th MUSGRAVE) and a Member opposed each my friends at the Farm Bureau. I Congress: You guys really believe in will control 15 minutes. talked to the Farmers Union. I talked what you do. I didn’t think so before. I The Chair recognizes the gentle- to the wheat growers, the cattlemen, thought maybe there were some people woman from Colorado. corn growers, telling the folks that who were a little cynical, but I believe Mrs. MUSGRAVE. Mr. Chairman, I now the rug has been pulled out from now you really believe in what you’re yield myself such time as I may con- under us on this farm bill. We had an doing. I believe you really do want to sume. Mr. Chairman, this discussion is be- agreement. We no longer have an grow this government. I believe you coming very familiar as we go through agreement. We are looking at a tax in- want to raise taxes. I believe you want these appropriations bills. This bill is crease. Rural America, not just the to take the responsibilities off of all $2.2 billion over the President’s re- Fourth District of Colorado, is looking the people all the time and take it into quest. That is a percentage of 4.2 per- in today to see what we do with the a maternalistic, socialist government. cent. It is $1.6 billion over last year’s farm bill, and I am very disappointed I now believe that. You’ve convinced amount with an increase of 3.1 percent that now we are looking at a tax in- me. And you’ve been constant and over last year. My amendment would crease. you’ve been repetitive and you have take the increase from 3.1 percent to When we think about the taxpayer been consistent and persistent in driv- 2.6 percent. out there, just average Americans, ing this growth of government across Mr. Chairman, I have thought a lot they work clear up into April to pay this floor of Congress. about this. This has especially been on their taxes. April 30 is ‘‘tax freedom One day, the American people will my mind today as we are getting ready day.’’ I would like to have each young rebel to this if they can get over their to vote on the farm bill in the after- person that is getting ready to enter apathy. I’m for the Musgrave amend- noon. the workforce think about that. You ment. When I think about raising taxes to work all through January, you work ANNOUNCEMENT BY THE ACTING CHAIRMAN pay for these programs, there is not through February, you work through The Acting CHAIRMAN. Members anyone in here that is doubting the March, you work through April before are reminded to direct their remarks to worthiness of the way we are spending you get to quit paying for government. the Chair. dollars in this bill. I personally have a When you think about it, Americans Mr. ISRAEL. Mr. Chairman, now we son-in-law that is a police officer, so work longer to pay for government have been accused of supporting a so- when you talk to me about bulletproof than they do for food, clothing and cialistic government because we want vests, that is something that I think housing combined. to put more cops on the street and be- about when I think about the young We need to show some discipline cause we want the FBI to have more man that is married to my daughter here, just a mere 0.5 percent. Again, in- resources to go after terrorists who are and the father of my three grand- crease the spending for these worthy trying to destroy democracy. For that children. So I want to say these are needs, but take it from 3.1 to 2.6 per- we are a socialist government, Mr. worthy things that we are spending cent. Chairman. these dollars on. Mr. Chairman, I reserve the balance Mr. Chairman, I yield such time as he But we have to realize there is not an of my time. may consume to the gentleman from Ohio (Mr. RYAN). infinite supply of money that just falls b 1445 out of the sky. We have taxpayers that Mr. RYAN of Ohio. I think it is funny fund all of these programs. And while Mr. ISRAEL. Mr. Chairman, I claim that we got the socialism talking the programs are worthy, and I support the time in opposition. points back out, Mr. Chairman. Dusted an increase, I merely want to take the The Acting CHAIRMAN. The gen- them from 1992 and 1993, and now they increase from 3.1 to 2.6 percent. tleman from New York is recognized are back out. But this is exactly right, As we get ready to consider the farm for 15 minutes. Mr. ISRAEL. This is about putting bill today, during the markup of the Mr. ISRAEL. Mr. Chairman, I reserve agents, cops on the street. This is farm bill I offered an amendment, and the balance of my time. about national security. This is about my amendment basically said we would Mrs. MUSGRAVE. Mr. Chairman, I protecting our country. have a sense of Congress that the pro- yield 2 minutes to the gentleman from Now, I think it is important that we grams in the farm bill would not be Iowa (Mr. KING). get a little bit into the details on a paid for by a tax increase. Unfortu- Mr. KING of Iowa. Mr. Chairman, I couple of these programs that the nately, the chairman ruled that my thank the gentlewoman from Colorado gentlelady’s amendment is going to cut amendment was out of order and it was for yielding. and that the previous two amendments not germane. As I listen to this debate, there are a were going to cut, too, because I think Yesterday, while we had a discussion number of things that race across my it is easy for us to say you are going to with the Secretary of Agriculture over mind. One of them is the constant rep- cut cops and cut the FBI. It doesn’t the farm bill, he said that perhaps Mrs. etition of the statement, ‘‘This is a sound like a whole lot. MUSGRAVE’s amendment was the most real cut. This is a real cut.’’ It is a real But as the gentleman from New York germane of all the amendments, be- cut in a real big increase. So if you stated earlier, there has been a de- cause we are looking at an enormous want to describe it as a real cut, you crease in FBI criminal agents by 29 tax increase to pay for the farm bill. have to say a real cut in a real big in- percent from 6,200 to 4,400 agents. So In the Fourth District of Colorado, crease or you’re not telling the Amer- what the committee did, in all its wis- we have about 2 million cattle. We are ican people what is really going on dom in a bipartisan way, said we need eighth in the country in total value of here. to hire more people. For what exact egg production. We have an enormous There are a few areas of our budget programs? Well, why don’t we take a dependence upon agriculture in our dis- that are discretionary spending, and look here. trict. The whole northeastern and there are a few areas of our budget that National security field investigations southeastern part of the State depends aren’t discretionary spending. Those is one of the programs that would be on agriculture as the basis of their that are on auto pilot we can’t do a lot cut under this amendment. Now, many economy. about in the appropriations process. of our friends on the other side of the We were told all along during the Yet those that are discretionary spend- aisle say, what, is the world going to farm bill discussion that we were not ing, we can do something about. Yet end if we cut this by 0.5 percent? Is the

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8657 world going to end if we cut this by 1 saving the taxpayers $268 million, threat of weapons of mass destruction. percent? Is the world going to end if we which is what Mrs. MUSGRAVE is seek- If this amendment passes, we are going cut this by 3 percent? Let’s look at ex- ing to do, you would still have an in- to have less agents trying to find folks actly what you’re cutting. Just in this crease. You would still have an in- who are in our country trying to un- one little program, national security crease in Science, Commerce, Justice leash weapons of mass destruction. field investigations, the committee spending. That would be there. How about the Data Intercept and wants to hire 245 positions, 150 agents, But what we are seeking to do is rein Access program; 41 positions, 6 agents, 95 support personnel to increase the in what the Federal Government 35 support to provide the technical ex- level of field resources dedicated to na- spends. We can sit here and argue pertise, training and necessary equip- tional security investigations. This about the particulars of budgeting. We ment to execute lawfully authorized amendment will cut agents from being can talk about how baseline budgeting electronic surveillance of data network on the street protecting the United always sets us up for saying whatever communications facilities trying to States of America. is put on the table is a cut, and we can protect us. This bill has some essential Let’s look at another one, surveil- talk about how zero-based budgeting components to it. lance. This committee wants to hire might be a better approach to how the This committee went to great another 50 people, 50 positions under Federal Government goes about setting lengths to make sure that they would the surveillance program to provide ad- its annual budget. make the proper investments. This is ditional resources for the FBI to con- But one thing we know is this, that very well thought out. I think we duct surveillance in support of priority the liberal elites always want to come would be hard-pressed to find any national security investigations. Do in and spend more. They never get American who would read this and say you think this isn’t going to affect enough of the taxpayers’ dollar. We are no, you know what, we should not hire anything? There are going to be less seeing that this is proving to be the that many agents. We should give that agents investigating. There are going ‘‘hold onto your wallet’’ Congress. As I money to the oil companies. I don’t to be less agents listening to the ter- said last week when our friends across think there are many Americans who rorists who already may be in this the aisle were calling us the ‘‘fringe,’’ would say that. country. This amendment will ensure FRINGE does mean ‘‘fiscal responsi- One more before I yield back. Render that these agents don’t get in the field, bility includes no government excess.’’ Safe Mission, the RSM program; nine they don’t get hired, and that they Mr. ISRAEL. Mr. Chairman, while positions, three agents, six support per- don’t listen to what the terrorists are they talk about cutting the increase, sonnel to address the White House di- saying and hopefully protecting the criminals keep increasing. There has rective, the White House directive, giv- United States of America from the been a 3.6 percent increase in violent ing the FBI the mission to respond to next terrorist plot. crimes. We believe at least we should devices involving weapons of mass de- This is a dangerous amendment that keep pace with those criminals so we struction within the United States and puts this country’s security in jeop- can put them behind bars and bring its territories. Within the United ardy. them to justice. States. This is not about Iraq. This is Mr. ISRAEL. Mr. Chairman, before I I yield such time as he may consume not about Afghanistan. This is about reserve the balance of my time, I just to the gentleman from Ohio (Mr. funding nine positions in this one spe- remind the gentleman who accused us RYAN). cific field, people who are experts to of being socialists that I think just Mr. RYAN of Ohio. Mr. Chairman, we keep this country safe. about every Republican, including very had an opportunity within the first 100 I think the more we get into these conservative members of the Appro- hours to cut $14 billion from going to programs, the more ridiculous some of priations Committee, supported this the oil companies. We supported it. Our these amendments seem. The American bill. I don’t believe they would appre- friends on the other side of the aisle re- people would not support a 0.5 percent ciate being called socialists because jected that approach; they would rath- decrease in these programs, not a 1 per- they believe in cops on the street and er take it out of security. So I think it cent decrease in these programs, not a more resources for the FBI. They are is important we go back. 3 percent decrease in these programs. not socialists; neither are we. We are My friend from Tennessee said where These are essential. commonsense, mainstream Members of do we slow the growth. Well, we tried When you look at the money, Mr. Congress who want to protect Amer- to slow it from going to the oil compa- Chairman, that has been wasted in Iraq ica’s neighborhoods. nies and we tried to slow it from going on unbid, no-bid contracts, no over- Mr. Chairman, I reserve the balance to corporations who harbor themselves sight provided at all, when you look at of my time. in these far-off distant lands to avoid the $14 billion we tried to get off the oil Mrs. MUSGRAVE. Mr. Chairman, I paying taxes. Our friends choose to companies, that makes sense. Get that yield 2 minutes to the gentlewoman take it out of security. money. Don’t get it on the backs of from Tennessee (Mrs. BLACKBURN). Let’s look at a couple more of these FBI agents who are going to be oper- Mrs. BLACKBURN. Mr. Chairman, I programs because sometimes the de- ating surveillance operations here in rise to support the Musgrave amend- tails hurt. Crimes Against Children, the United States. ment. I think it is the wise move to which is a program we have, the com- Mrs. MUSGRAVE. Mr. Chairman, I make. It shows good stewardship to mittee wanted to have an increase of 14 yield 3 minutes to the gentleman from come in and look at this budget and positions to provide a coordinated in- Georgia (Mr. WESTMORELAND). say, where do we slow the growth and vestigative, operational and intel- Mr. WESTMORELAND. Mr. Chair- how do we slow the growth? ligence effort to combat crimes against man, I want to thank the gentlelady As we all know and as we have children and to address child abduc- for yielding. I rise in support of her learned from so many of our States tion, predators who sexually assault amendment. that have balanced budget amendments children, and child prostitution. There Mr. Chairman, I want to tell a story that have to curtail the growth of the will not be 14 positions to protect our for you and other people that might be budget, across-the-board reductions children if this amendment passes. listening about a gentleman who was a work. They work. And the reason they How about this one, weapons of mass wide receiver for the Atlanta Falcons. work is because you get to go in and destruction directorate. Sounds like a His name was Alex Hawkins. One night manage. The Departments get to man- pretty good idea post-9/11, and in a bi- he didn’t come home. He had a history age where they want to make those re- partisan way it passed out of com- of maybe carousing around and staying ductions. We all know you can make mittee. Here is what it will do. The out a little bit too late. He didn’t come those half percent reductions. Mr. committee wants to hire 146 positions, home one night, so he snuck in the Chairman, they have been proven to 29 agents, 69 support personnel, to de- door early the next morning, and his work. velop the essential baseline capabili- wife said, ‘‘Hawk, where have you The thing that is so very interesting ties to build a dedicated weapons of been?’’ to me is, even if this were to pass, mass destruction program designed to He said, ‘‘Well, I got in kind of late making a half percent reduction and prevent, prepare for, and respond to the last night and didn’t want to wake you

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8658 CONGRESSIONAL RECORD — HOUSE July 26, 2007 up, and I fell asleep outside in the ham- that by 1 percent? You’re going to get just a tiny bit of money, but maybe mock on the porch.’’ less than the nine people. there’s just a little bit of money that She said, ‘‘Alex, that hammock has Stop cutting national security. we could use elsewhere, then I would been gone for a year.’’ Mr. ISRAEL. Mr. Chairman, I yield suggest, I’m not going to get into the He looked kind of puzzled and he 30 seconds to the gentleman from Cali- rhetoric on the math, but again, if you said, ‘‘Well, Honey, that’s my story and fornia. think that the Federal Government I’m sticking to it.’’ Mr. SCHIFF. Mr. Chairman, I just could maybe absorb a little bit less of That is what the other side is doing. want to say I enjoyed the Hawkins an increase, then this is a very modest They have a story, and they are stick- story, but I think if we were going to decrease of the size of the increase. ing to it. apply that analogy here, it would be I thank the chairman. I want to give you, Mr. Chairman, a this. Mr. OBEY. Mr. Chairman, I move to math problem. Other people who want A police officer goes to you in your strike the last word. to work this math problem can, too, district office and says, Congressman, The Acting CHAIRMAN. The gen- but I want to give you a math problem. there was money in the budget for my tleman from Wisconsin is recognized If you take $53.6 billion and you mul- bulletproof vest. for 5 minutes. tiply it times 0.025 percent, Mr. Chair- ANNOUNCEMENT BY THE ACTING CHAIRMAN Mr. OBEY. Mr. Chairman, the last man, will you get more than $53.6 bil- The Acting CHAIRMAN. The gen- comments I think demonstrate that lion? I think you will. I think it will be tleman will suspend. this debate is in danger of descending an increase over that number. So what Members are advised to address their into something that resembles a high this amendment does, it gives an in- remarks to the Chair. school debate, and we appear to be edg- crease over last year’s spending. Mr. SCHIFF. Mr. Chairman, I think ing toward having a dictionary debate, Now, did the FBI come in and say, the better analogy would be, the police arguing about whether something is a We don’t need any more money? I officer goes to my friend and says, Con- ‘‘cut’’ or an ‘‘increase’’. doubt it. So really and truly, if you gressman, there was money in the With all due respect, in an adult want to take the kind of logic that the budget for my bulletproof vest. What world, that’s not the issue. In an adult majority is taking because they can’t happened to it? I don’t have my vest. world, the question is what is the size do math very well, then the FBI could And the gentleman said, well, we of the problem you’re trying to attack, have come in and said, You know didn’t cut the money for your vest; and is our response to it sufficient? what? We want $10 billion more. Well, I you’re wearing it. But the officer says, And with all due respect to those on can’t give you that. So in reality, they I’ve got no vest on. And the Congress- the other side of the aisle who are ob- are cutting the FBI from the request man says, that’s my story, and I’m jecting to this bipartisan product, with that they made even though they are sticking to it. all due respect, we think we have a se- getting more money. It may be a good story, but it doesn’t rious problem that requires a serious protect him from bullets. response. b 1500 Mr. ISRAEL. Mr. Chairman, I reserve In the area of law enforcement, we Now, this is fuzzy math, I know, and, the balance of our time. have seen our support for law enforce- Mr. Chairman, for any young people Mrs. MUSGRAVE. Mr. Chairman, I ment grants drop by $1.6 billion since that might be listening to this, I hope yield 2 minutes to the gentleman from fiscal 2001. That is almost a 36 percent you don’t get confused. I know all Florida. drop. That isn’t a dictionary problem. these speeches are somewhat, Mr. Mr. MARIO DIAZ-BALART of Flor- That’s a problem on the street for Chairman, like an algebra problem, but ida. Mr. Chairman, I’m a little con- every community in America. we are asking, this is an increase? It is fused by this debate. I’m not the most We also see at the same time we have an increase over last year for these FBI sophisticated person in the world, but a rise in the crime rate, which requires agents and these police officers. It is if you have an increase, and then you a response, regardless of our dictionary not a cut. I don’t know how else to ex- decide to reduce the size of that in- definition, and we also have an explo- plain it. crease, it’s still an increase. sion of meth use. Have you ever seen And, you know, I’m sure that Alex You know, when you cut down to the how screwed up a kid can be after meth Hawkins knew that his wife knew that chase, look, I think this is the ques- has gotten done with him? It’s a god- he was lying, but that was his story, tion. Yes ask the American people, is awful sight, and I’ve seen plenty of it. and he’s sticking to it. The same thing the Federal Government so efficient, so So what we’re trying to do is to have goes to the majority party. perfect that it cannot absorb a slight an adequate response, and the reason The sad part about this, Mr. Chair- reduction in the size of the increase, that we are having a significant in- man, is when we’re all going to realize because it’s so efficient that every sin- crease in law enforcement funding this the truth, and many of us realize it’s gle penny is used perfectly, and, there- year is because we’re trying to dig out the truth now, it is when the taxpayers fore, a reduction in the size of an in- from that hole that we’ve been put in of this country and those family budg- crease, oh, is devastating because we since 2001 by these systematic reduc- ets are getting judged. have such a perfect Federal Govern- tions in law enforcement assistance, at Mr. ISRAEL. Mr. Chairman, may I ment that we can’t even reduce the size the same time that the crime rate is inquire as to the time? of the increase? rising. The Acting CHAIRMAN. The gen- Now, again, I’m not real sophisti- And then the second thing we are tleman from New York has 61⁄2 minutes cated, but back home, if you get an in- trying to do is to recognize that we’re remaining. The gentlewoman from Col- crease, or you say I want a 10 percent going to have a lot more people in this orado has 4 minutes remaining. increase, and if you have a real job, a society in the next 10 years. We’re Mr. ISRAEL. Mr. Chairman, I yield normal job like most Americans, and going to have a lot more low-paid 30 seconds to the gentleman from Ohio. they go to their bosses and say, hey, I workers all around the world from Mr. RYAN of Ohio. Mr. Chairman, I would like a 5 percent increase in my China to you name it competing with would like to continue the math anal- pay, and the boss says, I can’t give you American workers for jobs, and we’ve ogy and the math equation here. a 5 percent, I’m going to give you a 41⁄2 got two ways to combat that. One is What do you get if you have a weap- percent, is that a cut in salary, or is education, and the other is technology. ons of mass destruction directorate that an increase in salary, but half a And the only way we’re going to stay program that has 146 positions, and you percent less than what you asked for? on the cutting edge of technology is if cut that budget by .5 percent or 3 per- And again, if we thought that the we make much larger investments in cent? Well, we won’t get into the de- Federal Government was so good, so ef- the National Science Foundation. tails, but you get less than 146 posi- ficient and so perfect that it can’t ab- Politicians in both parties fall over tions. That is a cut. sorb that, then don’t support this themselves talking about what they’re What do you get if you cut the amendment. But if you think that the going to do for the National Institutes Render Safe Mission program that Federal Government may be just a lit- of Health, but I don’t hear many dis- wants to hire nine people, and you cut tle bit imperfect, they might waste cussions about what we’re going to do

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8659 to provide support for the even more Mr. ISRAEL. Mr. Chairman, the gen- order to attack a poly-drug-trafficking basic science research that is then used tlewoman has exhausted her time? organization located along the south- by everyone else in this society to de- The Acting CHAIRMAN. She has. Her west border by increasing DEA’s intel- termine what kind of a future we have. time has expired. ligence gathering, detection moni- Without that investment in science, Mr. ISRAEL. Mr. Chairman, I will toring and surveillance capabilities. our economy lags. If our economy lags, just make a brief point and then yield Most of the methamphetamines com- our jobs lag. If our jobs lag, our wages to the gentleman from Ohio. ing into our country are made in Cali- lag, and that means that we wind up With the deepest respect to the gen- fornia or in Mexico, out West, very with a huge family income deficit. We tlewoman, no one is implying that close to the gentlewoman’s district. wind up with a huge education oppor- there is not concern by every Member What this program does is it hires tunity deficit. We wind up with a huge of this body for those who have drug people to try to address this problem, scientific knowledge deficit, and that problems, for those whose lives are and basically there’s been a DEA hiring cripples our country’s future. being ruined by meth. But you can’t freeze. And that’s why we’re not going to en- just wish these problems away. Some- b 1515 gage in this silly little debate about body’s got to take responsibility for whether something is an ‘‘increase’’ or working to end those problems. We want to increase this. We want to a ‘‘cut’’. The question is, does it have a Just like you can’t wish them away, spend money, invest in this program, good impact or a bad impact on Amer- you can’t expect that they are going to one, because we will allow the DEA to ica? And this amendment is being spon- be dealt with by cutting investments in hire more agents to address this issue sored by people who know the cost of antidrug programs or even cutting the that is growing, so you need to grow everything and the value of nothing. rate of increase, if you want to use the the agents that are going to address That’s the difference between us. other side’s terms. the issue. Mrs. MUSGRAVE. Mr. Chairman, I We’ve put $40 million in this bill for But, two, this is going to save us ponder much of what the gentleman mobile enforcement teams for antidrug money in the long run. When Mr. OBEY has just said. I certainly know about programs; not mobile enforcement says the price of everything and the the scourge of methamphetamine in teams in Iraq, mobile enforcement value of nothing, that’s what we’re my district. As I said before, I have a teams right here at home to help the talking about. Why wouldn’t we want son-in-law that I love dearly that’s a gentlewoman’s constituents with those to make this small investment to try policeman, so, Mr. Chairman, I hope problems, to provide for a better fu- to prevent the long-term consequences the other side is not implying that we ture. We’re investing in that future. We of these young people with drug treat- do not have concerns about these can’t just wish these problems away. ment, in prison, with insurance claims, issues, because we do. You’ve got to respond to them, and this has a long-term ripple effect that Another thing that I know, having that’s what we are trying to do. will cost us 10 times the amount of talked to many police officers, one Now, if the other side made the argu- money. thing that they would really like to see ment that we could cut giveaways to Finally, the gentlelady said, I hope is families raising their children, moms big oil companies and cut offshore tax you don’t mean to say that we don’t and dads caring for their children, nur- corporate giveaways and cut all this want to address this issue, or this issue turing them and teaching them and corporate welfare and then cut these isn’t important to us. I think it’s im- trying to steer them away from the important criminal justice programs, portant to note that the President’s very destructive path of getting on then their arguments would have more budget, when he submitted it to the things like methamphetamine and just credibility. Their arguments lack Congress of the United States, termi- seeing their lives spiral downward. nated this program. He cut it com- So you know what I’m standing up credibility because they’re saying we can afford all these corporate give- pletely. He zeroed it out. for today, Mr. Chairman? I’m standing I hope our friends on Capitol Hill will up for the American taxpayer. And, aways, but we can’t afford enforcement teams on drug abuse, we can’t afford take a walk down Pennsylvania Ave- you know, maybe we do need a dic- nue and let the President understand tionary, and maybe we do need a the- more cops on the street while crime is increasing, we can’t afford counterter- the kind of importance that this pro- saurus, and maybe we need to talk gram has and ultimately the amount of about semantics, but I want to say that rorism initiatives and extra agents at the FBI while al Qaeda is planning money that will save us. we are looking at a situation here The Acting CHAIRMAN. The ques- where the appetite is insatiable for in- against us. This is just a difference in priorities, tion is on the amendment offered by creased spending. It’s insatiable. the gentlewoman from Colorado (Mrs. There is a day of reckoning. You Mr. Chairman. We are strong on crime. We also understand that if you’re going MUSGRAVE). know those charts that my dear The question was taken; and the Act- to be strong on crime, you can’t just friends, the Blue Dogs, put outside ing Chairman announced that the noes say it, you’ve got to do it, and frankly, their office now. It’s not $8.8 trillion. appeared to have it. it takes investments to do it. It’s $8.9 trillion and growing. There is a Mrs. MUSGRAVE. Mr. Chairman, I That’s what this bill does, and that’s day of reckoning. Those taxpayers that demand a recorded vote. why every Republican on the com- have to work until April 30 to get to The Acting CHAIRMAN. Pursuant to mittee supported this bill when it was tax freedom day, I mean, they’re think- clause 6 of rule XVIII, further pro- in the committee, and that’s why this ing about this spending in this Nation. ceedings on the amendment offered by amendment will be defeated by Repub- No matter how worthy the cause, we the gentlewoman from Colorado will be licans and Democrats alike. need spending restraint. We need to get postponed. on a path of fiscal discipline, and the Mr. Chairman, I yield the balance of my time to the gentleman from Ohio AMENDMENT NO. 37 OFFERED BY MR. CAMPBELL American people understand that. No OF CALIFORNIA (Mr. RYAN). matter how worthy the cause for the Mr. CAMPBELL of California. Mr. Mr. RYAN of Ohio. Mr. Chairman, I spending is, there is a limited amount Chairman, I offer an amendment. thank the gentleman, and I just want of dollars that the taxpayers can afford The Acting CHAIRMAN. The Clerk to go through a little bit of the details to pay. will designate the amendment. So I’m hoping that we will move in here and some of the logic and some of The text of the amendment is as fol- the right direction, and I hope that we the facts. lows: There’s been an increase in crime. can have support for this modest 50 Amendment No. 37 offered by Mr. CAMP- There’s been an increase in meth- cents on $100 amendment. BELL of California: The Acting CHAIRMAN. The time of amphetamine use. So the committee At the end of the bill (before the short the gentlewoman has expired. said, as Mr. OBEY stated, in reaction to title), insert the following: Mr. ISRAEL. Mr. Chairman, how that, we’re trying to, we’ll do the TITLE VII—ADDITIONAL GENERAL much time do I have left? southwest border and methamphet- PROVISIONS The Acting CHAIRMAN. The gen- amine enforcement program, hire eight SEC. 701. Each amount appropriated or oth- tleman has 51⁄2 minutes. positions, four full-time equivalents, in erwise made available by this Act that is not

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8660 CONGRESSIONAL RECORD — HOUSE July 26, 2007 required to be appropriated or otherwise Let me give a fourth example. The majority on minority groups, on smok- made available by a provision of law is here- gentleman from Ohio mentioned in the ers, they are a small minority group. by reduced by 0.05 percent. last debate a particular function that Then just this evening we will probably The Acting CHAIRMAN. Pursuant to he said would have 245 agents under have one on foreign companies who are the order of the House of today, the their bill as proposed. If this amend- setting up businesses and creating jobs gentleman from California (Mr. CAMP- ment were to pass, how many agents in America. BELL) and a Member opposed each will would there be? Well, there would still Now the other side I know says, oh, control 15 minutes. be 245 agents, but you would have to no, that’s not a tax increase. I would The Chair recognizes the gentleman tell one of those agents that they like to read you a letter here. This is a from California. would only work a 7-hour day instead letter from BART GORDON, who is a Mr. CAMPBELL of California. Mr. of an 8-hour day. That is the signifi- Congressman from the Sixth District of Chairman, in listening to all this dis- cance of this bill. Tennessee, a Democrat, to the chair- cussion, I have to think that the tax- Now my final example, if we look at man of Ways and Means, and he says: payers of America have to wonder the entirety of this blue donkey as a ‘‘Concerns have been raised by what’s going on here, that in this bill complete government program as pro- Bridgestone America, a company with there has been a proposal to say, well, posed by my friends on the other side facilities in my district, about the im- we’ll let these government agencies of the aisle, we have seen a proposal al- pact the proposed Farm Bill offset spend 100 cents on the dollar, 100 per- ready to have 99 percent. would have on them. Bridgestone is cent of everything they had last year. Now, when you look at them, you concerned that the 30 percent with- Oh, it’s terrible, we can’t do that. may say, well, gosh, they look almost holding tax imposed by the proposal Then there was one at 102 percent of the same. That’s because they are al- would have a broad and negative im- what they had last year. No, we can’t most the same. I don’t know if you or pact on its legitimate international do that. Then there is one at 102.5 per- business operations. cent of what they had last year. No, others can see the change we made, but what we did was we tried to reduce ‘‘I understand the importance of en- it’s terrible. They can’t do that. suring that multi-national companies So here’s one more try. What this about 1 percent of the total donkey surface area up in the air, but, no, are not able to abuse tax loopholes to does is reduce the increase in spending avoid paying taxes, but we must also by .05 percent. That is 5/100 of a per- that’s been rejected. So we said let’s make it 99.5 percent be careful not to punish legitimate cent. That leaves them with a whole business practices and discourage for- lot of money and a lot more of an in- of what you want to spend, still an increase over the last year, but of what eign companies from insourcing oper- crease, almost the same increase they ations in the United States. Concerns had last year. you want to spend a little more here. There is still not much difference, I have also been raised about the effect Now, I am sure, Mr. Chairman, that this withholding tax will have on our the people of America can’t understand think, to most people, but, no, can’t do that. international treaties.’’ why people on other side of the aisle, That, Mr. Chairman, is a Democrat, the majority Democrats, would have a So on the last bill I proposed a quarter of a percent cut. Quarter percent. not a Republican, talking about this problem with this. I can’t understand tax, this withholding tax. It’s a poten- it either. Could you get by on quarter of a percent less of an increase than what’s tial impact on jobs in America and the I think perhaps they don’t under- potential impact on trade agreements stand what this is. Now, this amend- been proposed? That was ‘‘no’’ also. Now we are trying again, 5/100 of 1 we have with other countries that will ment would save the taxpayers $27 mil- affect the ability of American compa- lion. Now, that’s real money, $27 mil- percent. Let me try to do that graphi- cally here. I do have a blue marking nies to do business overseas. lion, by which the deficit will not in- Now, it’s quite a contrast, because pen, 99.95 percent of the increase that crease. We have a deficit, and we are that’s what they are proposing. The you want, you can hardly tell the dif- robbing the Social Security surplus. majority keeps proposing tax increase ference. But if we do this on every bill, It’s $27 million we would save the tax- after tax increase after tax increase, every bit of spending over the govern- payer. and they will start on minority groups, ment, we will eventually start to save I have five explanations, five exam- and they will move to everyone, be- money. ples I would like to give here to per- cause they can’t get it done without haps help my friends on the other side This is the way it works. The average American taxpayer understands that, everyone. All we’re asking here, all of the aisle understand just what this we’re asking here is 5/100 of a percent, proposal is to see if there is anything, that if I put away $10 a week, $10 a month, eventually I will have quite a one nickel on $100, a slightly less in- anything at all that they believe is crease so we can begin the process of possible to reduce spending. Is there bit of money. But I have to have the discipline to do it. That’s what we are spending less, not taxing more. any waste in government? Mr. Chairman, I reserve the balance trying to say here. Is there anything government can do of my time. for only 103 percent of what they had We have a deficit. We are robbing the Mr. ISRAEL. Mr. Chairman, I claim last year? First of all, this does take Social Security surplus. One thing that time in opposition. the spending increase from 3.5 percent is not in dispute is that we are heading The Acting CHAIRMAN. The gen- to basically 3.45 percent, basically the for a fiscal train wreck. Within 30 tleman from New York is recognized change in the interest. That’s number years, Social Security and Medicare for 15 minutes. one. and Medicaid alone will eat up 100 per- Mr. ISRAEL. Mr. Chairman, I reserve Number two, it still increases spend- cent of the taxes currently received. the balance of my time. ing in these Departments by $1.574 bil- What are we going to do? Are we going Mr. CAMPBELL of California. Mr. lion over last year, $1.574 billion more. to double or triple taxes, or are we Chairman, I yield 3 minutes to the gen- Let me give a third example. This is going to reform those systems, reform tlewoman from North Carolina (Ms. a $100 bill. This represents how much government and start now? FOXX). the government is spending on these Yes, it’s 30 years from now, but if we Ms. FOXX. I thank my colleague programs now. Here’s three more dol- don’t start on it now, the problem will from California. lars and five cents. This bill represents be closer and bigger and closer and big- Mr. Chairman, I have been sitting this bill as it’s currently written, the ger. We see that if the other side is not here listening for a while to the debate $100 they had last year, three more and willing to do this, what will they do, on this bill, and I have been struck by five more cents. Here, Mr. Chairman, is other than increase taxes? several issues that have come up that I how much the government would have Now, we see tax increases going on think need to be mentioned. Some have to get if this amendment were to pass, now. We have seen a budget that in- been mentioned before, but some new $100, $3, but not the 5 cents; 5 cents on cludes either the largest or the second ones. $103. Somehow this is going to greatly largest tax increase in American his- I am often asked by school groups damage programs and what we are tory, and right now we are seeing tax what’s the difference between Demo- doing. increases proposed by the Democrat crats and Republicans? I say to them

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8661 the very quick definition is Democrats us,’’ that she will say to them, ‘‘My They don’t know the value of the think they know how to spend your proudest moment, young children, is paycheck to the Brooker family in money better than you know how to that I cut the FBI budget by 0.05 per- Wills Point. ‘‘No increase in taxes. My spend your money. Republicans think cent, while approving tax cuts of $14 family is one breath away from losing that the less government we have, the billion to the biggest oil companies on our home as it is.’’ better off we are; and the more money Earth.’’ Those are the budgets that are being you are allowed to keep, the better off I think those children would rather cut today, Mr. Chairman, not only by this country will be. I think that this be investing in the FBI to keep them the single largest tax increase in Amer- debate certainly exemplifies that. safe than be giving away those billions ican history, but they are about to I agree with some of my colleagues and billions of dollars in tax cuts to bring a tax increase to try to fund who said before, the appetite of the the biggest oil companies in the Amer- their farm bill by taxing jobs. They are Democrats is absolutely insatiable for ica. saying somehow foreign companies are increased spending. They never met a I reserve the balance of my time evil when they come to America and program they didn’t love to spend Mr. CAMPBELL of California. May I they invest and create jobs, in my dis- money for. They would take every inquire, Mr. Chairman, as to how much trict among other districts. dime. They will take every dime, every time is remaining on both sides? So there is a real choice here: In- penny from the American people that The Acting CHAIRMAN (Mr. MCGOV- crease the family budget, or increase they can possibly take and spend it on ERN). The gentleman from California the Federal budget. We come down on programs they think are important. has 21⁄2 minutes remaining, and the the side of the family budget. They talk about investing govern- gentleman from New York has 13 min- Mr. ISRAEL. Mr. Chairman, I yield ment money. The government never in- utes remaining. as much time as he may consume to vested any money. It spends money. Mr. CAMPBELL of California. I re- the gentleman from California (Mr. The private sector invests money and serve the balance of my time. SCHIFF). Mr. SCHIFF. I thank the gentleman gets results. Mr. ISRAEL. Mr. Chairman, I reserve for yielding, and I thank my colleague I would challenge my colleagues on the balance of my time. from Texas for reading a letter from the other side of the aisle. Show me the Mr. CAMPBELL. I yield the balance constituents out in the State of Texas. results of these spendings that you do, of my time to the gentleman from But I wonder how that family in Texas and then maybe you can argue a little Texas (Mr. HENSARLING). Mr. HENSARLING. I thank the gen- would feel if that family were asked: bit about an investment. Do you think that we should continue The other thing that I am struck by tleman for yielding. Mr. Chairman, this has obviously to allow oil companies to earn the is how much last year in this same de- greatest profits in the history of any bate that the Democrats said the free- been a spirited debate by men and women on both sides of the aisle who I industry, in the history of the world? spending President Bush, busting the Or, do you think we ought to take budget, doing all this spending; and respect. But I do think if the American people are watching this debate, and I some of those oil revenues and devote now they are coming here and defend them to putting more cops on the programs that the President zeroed out hope they are, we need to dispose of one issue very clearly, and that is street? I think that family would say, because they were ineffective, and they ‘‘You know, I would be willing to pay a want to put the money back in. there is indeed a dictionary over on that part of the floor, and every little less at the pump or have the oil b 1530 amendment that was brought here company earn a little less at the pump That is the height of hypocrisy. today is either going to increase spend- if it meant pumping a little more of There is a limited amount of money ing in this account or level funding. that money into the FBI to keep me that Americans have, but the Demo- But according to the logic of our safe, or if it meant another bulletproof vest for a police officer.’’ I think that crats don’t know that. They want to friends on the other side of the aisle, if family would say the record profits of take it all. And it is true that the you fund something at a lesser quan- that industry, that we had a chance to budget they passed earlier this year tity than somebody else wants it, then actually take some of those resources contains the largest or second largest you have a Draconian cut. Well, if they and plow it into this country, invest in tax increase in America, and that to are increasing this bill 3.1 percent, that this country, I think that family in pay for their programs they are going is a cut below 3.5 percent. It is a cut Texas would say, ‘‘That means more to to have to have more tax increase. below 4 percent. me than making sure that these com- This amendment would save a small If all these programs are so good, panies enjoy corporate welfare and as- amount of money, $27 million, but it is why did you cut them? Why didn’t you tounding profits.’’ a step in the right direction. We have increase it 6 percent? Why didn’t you Now, my friend says this is only a $31 got to start reining in spending, and increase it 8 percent? So let’s dispose of million cut. How much difference could those of us who have come here in the that argument right now. that really make? But my friend isn’t last few years understand that, those Again, the only budget that is being willing to say where he would cut the Republicans do, and we want to see the cut here, Mr. Chairman, is the family money. He wants to spread it around. Federal Government more responsive budget. And the family budget is being But he used the example of the FBI. to the American taxpayer, less prof- cut as part of this single largest tax in- Let’s say we devoted this entire cut to ligate, and more interested in saving crease in American history contained the FBI, and it simply means that you our freedom, not in taking it away by in the Democrat’s budget resolution, would have one FBI agent working a taking away our money and reducing which I know they tried to run away few less hours. Instead of working our choices. from. Now, they said earlier that: We maybe an 8-hour day, 5 8-hour days, Mr. ISRAEL. Mr. Chairman, it warms know the cost of everything and the they would work 4 8-hour days and a 7- my heart to know that the gentle- value of nothing. Maybe they need to hour day. Well, I don’t know how much woman in her district visits schools know the value of hard-earned pay- they are paying FBI agents in my and talks to local schoolchildren, and checks in American families. friend’s part of the State; I am from a emphasizes those values of civility and So they need to think about the Za- different part of California. I don’t tolerance and mutual understanding in pata family in Kaufman, Texas, be- think they pay them all that much. I our classrooms, and doesn’t try to sep- cause when they put their tax increase think if you cut $31 million out of the arate people by Democrats and Repub- on them, let me tell you what the FBI, you are cutting a lot of positions licans. Zapatas have to say. ‘‘If taxes on my out of the FBI. I hope that the next time the gentle- family are increased that much, this Mr. CAMPBELL of California. Mr. woman goes into those schools and could seriously affect my life. My Chairman, will my colleague yield? talks to those schoolchildren, and they mortgage is adjustable and will most Mr. SCHIFF. My colleagues have al- ask her, Mr. Chairman, ‘‘What are you likely go up. If the taxes go up, it ready had 15 minutes. doing to keep us safe from al Qaeda and would be devastating, and I could face Mr. CAMPBELL of California. Just the terrorists who are planning against foreclosure.’’ to answer your question.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8662 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Mr. SCHIFF. I am not yielding my Mr. Chairman, between 5 cents on $100 ican people through the Chairman that time. My colleague had 15 minutes to across the board on every program, this debate really isn’t about one-five- try to make his point. which I think would be fine, versus all hundredths of a percent; it is about So I don’t think cutting $31 million of the various tax proposals, increase what priorities make sense to the out of the FBI makes sense. And this proposals, that you have both on var- American people: $14 billion tax cuts to gets back to the question that our ious minorities, like smokers and for- the biggest oil companies on Earth, or Chairman posed: What is the need? And eign companies, and in your budget on 2,800 cops on the street; $90 billion in are we devoting the resources that basically every taxpayer in America. tax shelters for offshore companies meet that need? Mr. ISRAEL. Mr. Chairman, I yield that register their headquarters in Ber- The need that I am hearing, the need 30 seconds to the gentleman from Cali- muda to avoid paying their fair share that our Homeland Security Com- fornia (Mr. SCHIFF). of taxes here, or more cops on the mittee is hearing, the need that the 9/ Mr. SCHIFF. I thank the gentleman street? 11 Commission recognized is the need for yielding. b 1545 to make greater investments in the Again, I would just point out that my safety of our country. That is the need friend hasn’t shown any willingness to The gentleman talked about a family that we are recognizing in this bill. trim the profits of his friends in the oil in his district. I don’t know of any fam- Do we need those extra FBI agents? industry by 0.00000005, which would ily in my district that gets to sit at Yes, I think we do. Do we need those amount to probably about the same $31 their table, their kitchen table with extra cops on the beat? Yes, I think million we are talking about here. He their accountant and be given the ad- they do. I wish my friends in the oppo- is only willing to take that $30 million vice that they should register them- sition who fight so hard for our friends out of our law enforcement efforts selves at a P.O. box in Bermuda to in the gun industry would fight half as across the board, but not out of oil in- avoid paying their fair share of taxes in hard for our cops to have the best that dustry profits. And that is the dif- the United States. You know what they they need here in this debate on the ference in philosophy, I think, between want for their tax dollars? Cops on the House floor today. my colleague and myself. street, FBI agents protecting them. I think we need to make these invest- MR. ISRAEL. Mr. Chairman, during That’s what they want. They don’t ments in our future. I think we need to this debate we have seen all sorts of have the right to just go off to Ber- make these investments in our Amer- charts and heard about all sorts of muda, register themselves at a P.O. numbers and saw a display of dollars. ican family. And, I think that my col- box and not pay taxes. Here are the statistics that count, Mr. leagues in the minority here, not in the We understand that every tax dollar Chairman: has to be jealously safeguarded, and minority party, because, again, this The past 2 years, violent crimes in bill enjoys the support of the bipar- that’s what we do in this bill. The dif- America are up 3.6 percent. Federal law ference between us is not one-five-hun- tisan majority. But the minority view- enforcement grants have declined 46 point that is expressed here today, I dredth of a percent. The difference be- percent. So, under their leadership, Mr. tween us is $90 billion. They would think they need to ask: What would Chairman, Federal support for local these families choose, if we give them rather spend that $90 billion on those law enforcement has already been cut offshore companies with P.O. boxes in the real choice, not between whether 46 percent; now we are saying we Bermuda. We would rather spend a they invest in the FBI or they don’t in- should cut it another five-hundredths fraction of that making sure that there vest in the FBI, but whether they in- of a percent. vest in the FBI by ending corporate FBI counterterrorism casework is up are cops on the street, that kids are welfare for oil companies? I think the 100 percent. Meanwhile, FBI investiga- protected from meth, that women don’t answer would be yes. I think the an- tive resources are down 29 percent. have to deal with domestic violence, swer would be absolutely. And I think So what we have here, Mr. Chairman, that they can be prosecuted, that the the answer would be, we want to invest is more criminals on the streets, and FBI has counter-terrorist agents, that in the country, make it stronger, make an attempt to reduce investments in they have investigative resources. Be- it safer, give our children a chance to cops on the streets. What we have here, cause as I said before, all the statistics grow up in safer neighborhoods. Mr. Chairman, is a bigger caseload of bear it out, crime is increasing. Terror- That is the answer I think that letter potential terrorists, and the FBI being ists are proliferating. They are not cut- writer and others around the country told, ‘‘Shave your budgets.’’ That is ting their budgets. They are not cut- would give and have given, and that is how far some ideologues will go, Mr. ting their numbers. They are not even why I urge this amendment to be de- Chairman. cutting their rate of increase. And we feated. I can’t imagine any American watch- should not turn our backs and allow Mr. FRELINGHUYSEN. Mr. Chair- ing these proceedings, and then hearing them this advantage, their advantage man, I move to strike the last word. the news, learning about the National in the name of a one-five-hundredth of The CHAIRMAN. The gentleman Intelligence Estimate, which says that a percent cut in this budget. from New Jersey is recognized for 5 al Qaeda is proliferating and regen- This isn’t substance. This is politics. minutes. erating, and saying, ‘‘Now is the time And if it weren’t so serious, it would be Mr. FRELINGHUYSEN. I yield to the to cut the FBI budget,’’ or, ‘‘Now is the silly. gentleman from California. time even to reduce increased invest- We want cops on the street and Mr. CAMPBELL of California. I ments in the FBI.’’ counter-terrorist agents with the FBI. thank the gentleman from New Jersey. Al Qaeda is not cutting the rate of That’s what the American people want. I just wanted to clarify that my col- their increase, Mr. Chairman. Terror- That’s why every Republican on the leagues’ arguments from California ists are not cutting the rate of their in- Appropriations Committee supported were very fine arguments, except they creases, Mr. Chairman. This is not the this bill. And that is why, at the end of don’t apply to this amendment. This time to begin cutting these budgets. this debate, we go back to where we amendment does make a 0.0005 or 5 The other side is talking about spe- were at the beginning of this debate. basis points, one-five-hundredths of a cific reductions in the number of FBI This is a small group of Members, a percent reduction in the growth of each agents on counterterrorism cases. They fringe group of Members who say 3 per- program equally across the board. So it are talking about a specific reduction cent’s not enough, 2 percent’s not is 5 cents on $100 of everything. in the number of deployments of cops enough, 1 percent’s not enough. We’re I appreciate the argument. It is clear on the street; crime going up, Federal going to go to one-five-hundredth of a that our friends on the other side of law enforcement grants going down. percent to make our case. the aisle believe that government can- There is a correlation between the two. Every single one of those amend- not survive on this, but they believe And now we add insult to injury by ments has been defeated on every sin- that all kinds of people, companies, en- saying, let’s cut it another 0.05 percent, gle one of these bills because Repub- tities can survive on a whole lot less or one-five-hundredths of a percent. licans and Democrats in the main- than that with the taxes they want to I want to close, Mr. Chairman, by re- stream know better. We understand the increase. It is a very clear distinction, minding the Chairman and the Amer- priorities of the American people. And

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8663 that is why this amendment will face fund more here and less here, more tually won the argument that we could the same fate as all the other amend- here and less there. But none of those trim 5 cents out of $100 out of this ments before them. It will be defeated. decisions that they made were couched budget, whichever budget, that money And Mr. Chairman, let me make one in the terms of some sort of mean spir- would still get spent. The money that other point. With all due respect to my itedness. stays within the 302(b) allocation, friends, they have spent more taxpayer And at the risk of prolonging the de- which is code for inside the beltway dollars prolonging this debate offering bate, which I think is an important de- stuff, but then would simply not get amendment after amendment after bate for us to have, I’m going to offer spent. And so we’ve spent hours and amendment, keeping this House in ses- up an amendment that I know has a hours and hours down here debating, sion when every single one of these point of order which stands against trying to reduce the spending in a par- amendments was defeated, than the that. ticular bill. one-five-hundredth of a percent cut Before I do that though, I’d like to The harsh reality is that were we to that they’re offering today. quote something from Justice George win some of those amendments, it I would suggest to the other side that Sutherland. A lot of us heard earlier would simply be a piratic victory, be- they could save taxpayers a lot more about the way tax planning is done, cause that money would still get spent. money by doing these amendments used, misused, and it was used in the My amendment, sense of Congress, once, getting them over with, let them pejorative; that only big oil companies would say were we to win one of those get defeated as they always have, and or other companies could use the code arguments, that money, the reduction let this Congress go on with the busi- that we currently have in place, that in spending would actually go against ness of the American people and put- you and I and our colleagues put in the deficit, or, heaven forbid, that we ting cops on the street and investing place, to affect their tax affairs and would ever be in a surplus cir- resources in the FBI to keep them safe. that families don’t get to do that. Well, cumstance, that money would increase Mr. Chairman, I yield back the bal- I would argue based on this quote: the surplus. ance of my time. ‘‘The legal right,’’ and that’s a right, So this is something I’m trying to The Acting CHAIRMAN. The ques- ‘‘of a taxpayer to decrease the amount point out on each one of our bills, that tion is on the amendment offered by of what otherwise would be his or her we’ve got a goofy set of rules that only the gentleman from California (Mr. taxes, or altogether avoid them by you and I understand, only you and I CAMPBELL). means which the law permits, cannot appreciate, and maybe only appropri- The question was taken; and the Act- be doubted.’’ Gregory v. Helvering, Jus- ators embrace, that does not allow all ing Chairman announced that the noes tice George Sutherland. of this hard debate and work to really appeared to have it. So as we listen to this debate about mean anything at the end of the day. Mr. CAMPBELL of California. Mr. how much we ought to spend, let’s un- And so while I challenge my col- Chairman, I demand a recorded vote. derstand that we put in place this code, league’s characterization of our use of The Acting CHAIRMAN. Pursuant to and if we don’t like the way that’s this debate time as wasteful in some clause 6 of rule XVIII, further pro- done, then there are forums to debate way, I think it’s important for the ceedings on the amendment offered by that, and we ought to have that debate. American people to understand as they the gentleman from California will be But let’s not denigrate people who are go about managing their affairs that postponed. using the code we put in place to lower we couch the terms of managing our af- AMENDMENT OFFERED BY MR. CONAWAY their tax liability and call that some fairs, their affairs through us, in those Mr. CONAWAY. Mr. Chairman, I offer sort of a pejorative. kinds of terms. So, Mr. Chairman, I understand that an amendment. This is the classic argument that you a point of order lies against this, and I Mr. MOLLOHAN. Mr. Chairman, I re- cannot throw enough money at any will not prolong the debate much fur- serve a point of order on the gentle- subject to fix it. And that’s what we ther. I ask unanimous consent to with- man’s amendment. heard from the other side; that the draw my amendment. The Acting CHAIRMAN. A point of more money you throw at it, the more The Acting CHAIRMAN. Without ob- order is reserved. you’re going to fix the problem. And I don’t necessarily agree with that. jection, the amendment is withdrawn. The Clerk will designate the amend- There was no objection. ment. My colleagues on the other side used AMENDMENT OFFERED BY MR. GARRETT OF NEW The text of the amendment is as fol- the word ‘‘take’’ in reference to reve- JERSEY lows: nues from oil companies, and that’s exactly what they would intend to do. Mr. GARRETT of New Jersey. Mr. Amendment offered by Mr. CONAWAY: Chairman, I offer an amendment. At the end of the bill (before the short They would take those revenues and spend them the way they would like to. The Acting CHAIRMAN. The Clerk title), insert the following: will designate the amendment. SEC. ll. It is the sense of the House of Legitimate way of doing government. Representatives that any reduction in the I’ll also argue that in the next 2 The text of the amendment is as fol- amount appropriated by this Act achieved as weeks we may have some sort of a con- lows: a result of amendments adopted by the versation about an energy bill, and Amendment offered by Mr. GARRETT of House should be dedicated to deficit reduc- during that time frame we will argue New Jersey: tion. At the end of the bill (before the short vociferously that there’s enough in re- title), insert the following: The Acting CHAIRMAN. Pursuant to investment in domestic sources of en- the order of the House of today, the TITLE VII—ADDITIONAL GENERAL ergy, and those revenues taken from PROVISIONS gentleman from Texas (Mr. CONAWAY) these mean, ugly oil companies would SEC. 701. None of the funds made available and a Member opposed each will con- otherwise go back into that reinvest- in this Act may be used to send or otherwise trol 5 minutes. ment into energy. pay for the attendance of more than 50 em- The Chair recognizes the gentleman So, as I mentioned, our hypocrisy ployees from a Federal department or agen- from Texas. knows no bounds. cy at any single conference occurring outside Mr. CONAWAY. Mr. Chairman, in the My amendment is simple. All of this the United States. immortal words of Doc Holiday in great work that’s been done, and bad The Acting CHAIRMAN. Pursuant to Tombstone, ‘‘Our hypocrisy knows no work according to our colleagues on the order of the House of today, the bounds.’’ Both sides equally applied. the other side, or wasteful work ac- gentleman from New Jersey (Mr. GAR- The arguments earlier that half of a cording to our colleagues on the other RETT) and a Member opposed each will percent cut, 5 basis points of a cut, as side, to try to reduce spending in the control 5 minutes. if that’s some sort of a draconian deci- bill is for naught. The Chair recognizes the gentleman sion to be made, the truth of the mat- In addition to the ringing defeats from New Jersey. ter is the committee, the sub- that my colleagues endure, were they Mr. GARRETT of New Jersey. Mr. committee had a fixed amount of to be successful, the rules of this House Chairman, I yield a moment to the gen- money to work with, and they chose to do not allow those cuts to actually be tleman from West Virginia (Mr. MOL- make some trade-offs. They chose to implemented. If my colleague had ac- LOHAN).

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8664 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Mr. MOLLOHAN. Mr. Chairman, we The Clerk will redesignate the Chandler Jackson-Lee Pomeroy have reviewed the amendment, think amendment. Christensen (TX) Price (NC) Clay Jefferson Rahall it’s a good amendment, and we are The Clerk redesignated the amend- Cleaver Johnson, E. B. Rangel willing to accept it. ment. Clyburn Jones (OH) Reichert Mr. GARRETT of New Jersey. Re- Cohen Kaptur Reyes RECORDED VOTE Conyers Kennedy Rodriguez claiming my time, I appreciate the Kildee Ros-Lehtinen chairman’s acceptance of the amend- The Acting CHAIRMAN. A recorded Cooper vote has been demanded. Costa Kilpatrick Rothman ment. I will just spend 30 seconds just Costello Kind Roybal-Allard for the edification of the membership A recorded vote was ordered. Courtney Klein (FL) Ruppersberger The vote was taken by electronic de- Crowley Kucinich Rush of the conference as well what the Lampson Ryan (OH) vice, and there were—ayes 202, noes 212, Cuellar amendment does. Cummings Langevin Salazar ´ This amendment harkens back to the not voting 23, as follows: Davis (AL) Lantos Sanchez, Linda days when, not too long ago actually, [Roll No. 734] Davis (CA) Larsen (WA) T. the various Federal Government agen- Davis (IL) Larson (CT) Sanchez, Loretta AYES—202 DeFazio Lee Sarbanes cies, when taking part in international Levin Schakowsky Aderholt Gallegly Moran (KS) DeGette Lewis (GA) Schiff conferences overseas, would send up- Akin Garrett (NJ) Murphy, Tim Delahunt Lipinski Schwartz wards of 70, 80, 90, 100, over 100 mem- Alexander Gerlach Myrick DeLauro Loebsack Scott (GA) Altmire Gilchrest Diaz-Balart, L. bers of their Departments or agencies Neugebauer Lofgren, Zoe Scott (VA) Bachmann Gillibrand Diaz-Balart, M. Nunes Lowey Serrano to these various conferences, spending, Bachus Gillmor Dicks Pence Lynch Sestak obviously, an excessive amount of tax- Baker Gingrey Dingell Peterson (PA) Mahoney (FL) Shea-Porter Barrett (SC) Gohmert Doggett payers’ dollars. And as we’ve heard Petri Maloney (NY) Sherman Barrow Goode Doyle from both sides of the aisle in an ap- Pickering Markey Sires Bartlett (MD) Goodlatte Edwards Pitts Matsui Skelton propriate manner, we are here to set Barton (TX) Gordon Ellison Platts McCarthy (NY) Slaughter priorities. And I agree with the effort Biggert Granger Emanuel Poe McCollum (MN) Smith (NJ) Bilbray Graves Engel on both sides of the aisle, and that’s Porter McDermott Smith (WA) Bilirakis Hall (TX) Price (GA) Eshoo McGovern Snyder exactly what this amendment does. It Bishop (UT) Hastert Pryce (OH) Etheridge McNerney Solis says let’s pick a reasonable number, in Blackburn Hastings (WA) Putnam Faleomavaega McNulty Stark Blunt Hayes this case it’s 50, a limitation as to the Farr Meek (FL) Stupak Boehner Heller Radanovich number of members of any agency to Fattah Meeks (NY) Sutton Bonner Hensarling Ramstad Filner Miller (NC) Tauscher go on these international conferences. Bono Herger Regula Frank (MA) Miller, George Thompson (CA) This amendment has been accepted Boozman Hill Rehberg Giffords Mitchell Thompson (MS) Boren Hobson Renzi in the past, and once again I appreciate Gonzalez Mollohan Towns Boustany Hoekstra Reynolds the chairman accepting this amend- Green, Al Moore (KS) Udall (CO) Broun (GA) Hulshof Rogers (AL) Green, Gene Moore (WI) Udall (NM) ment. I’m not sure whether the rank- Brown (SC) Inglis (SC) Rogers (KY) Grijalva Moran (VA) Van Hollen ing member is also in agreement with Brown-Waite, Issa Rogers (MI) Hall (NY) Murphy (CT) Vela´ zquez Ginny Jindal Rohrabacher it as well. Hare Murphy, Patrick Visclosky Buchanan Johnson (IL) Roskam Mr. Chairman, I yield back the bal- Harman Murtha Walz (MN) Burton (IN) Johnson, Sam Ross Hastings (FL) Nadler Wasserman ance of my time. Buyer Jones (NC) Royce Herseth Sandlin Napolitano Schultz The Acting CHAIRMAN. The ques- Calvert Kagen Ryan (WI) Higgins Neal (MA) Waters Camp (MI) Kanjorski Sali tion is on the amendment offered by Hinchey Norton Watson Campbell (CA) Keller Saxton the gentleman from New Jersey (Mr. Hinojosa Oberstar Watt Cannon King (NY) Schmidt Hirono Obey Waxman GARRETT). Cantor Kingston Sensenbrenner Hodes Olver Weiner The amendment was agreed to. Capito Kirk Sessions Holden Ortiz Welch (VT) Carney Kline (MN) ANNOUNCEMENT BY THE ACTING CHAIRMAN Shadegg Holt Pallone Wexler Castle Knollenberg Shimkus Honda Pascrell Wilson (NM) The Acting CHAIRMAN. Pursuant to Chabot Kuhl (NY) Shuler Hooley Pastor Wilson (OH) clause 6 of rule XVIII, proceedings will Coble Lamborn Shuster Hoyer Payne Woolsey Cole (OK) Latham now resume on those amendments on Simpson Inslee Pearce Wu Conaway LaTourette which further proceedings were post- Smith (NE) Israel Perlmutter Wynn Cramer Lewis (CA) poned, in the following order: Smith (TX) Jackson (IL) Peterson (MN) Yarmuth Crenshaw Lewis (KY) Souder Amendment No. 1 by Mr. STEARNS of Culberson Linder Space NOT VOTING—23 Florida. Davis (KY) LoBiondo Stearns Brady (TX) Fortun˜ o Michaud An amendment by Mr. FLAKE of Ari- Davis, Lincoln Lucas Sullivan Davis, Tom Lungren, Daniel Burgess Fossella Musgrave Tancredo zona on the Lobster Institute. Deal (GA) E. Carter Gutierrez Paul Tanner An amendment by Mr. FLAKE of Ari- Dent Mack Castor Hunter Shays Taylor Donnelly Manzullo Clarke Johnson (GA) Spratt zona on the East Coast Shellfish Re- Terry Doolittle Marchant Cubin Jordan Tierney search Institute. Thornberry Drake Marshall Davis, David King (IA) Young (AK) Amendment No. 25 by Mr. PENCE of Dreier Matheson Tiahrt Davis, Jo Ann LaHood Indiana. Duncan McCarthy (CA) Tiberi ANNOUNCEMENT BY THE ACTING CHAIRMAN Amendment No. 41 by Mr. UPTON of Ehlers McCaul (TX) Turner Michigan. Ellsworth McCotter Upton The Acting CHAIRMAN (during the Emerson McCrery Walberg vote). There is 1 minute remaining in An amendment by Mr. JORDAN of Walden (OR) English (PA) McHenry this vote. Ohio. Everett McHugh Walsh (NY) An amendment by Mr. PRICE of Geor- Fallin McIntyre Wamp gia. Feeney McKeon Weldon (FL) Weller b 1623 An amendment by Mrs. MUSGRAVE of Ferguson McMorris Flake Rodgers Westmoreland Messrs. INSLEE, HOLDEN, BAIRD, Colorado. Forbes Melancon Whitfield DINGELL and MITCHELL changed Amendment No. 37 by Mr. CAMPBELL Fortenberry Mica Wicker of California. Foxx Miller (FL) Wilson (SC) their vote from ‘‘aye’’ to ‘‘no.’’ The Chair will reduce to 2 minutes Franks (AZ) Miller (MI) Wolf Mr. BILBRAY and Mr. KAGEN the time for any electronic vote after Frelinghuysen Miller, Gary Young (FL) changed their vote from ‘‘no’’ to ‘‘aye.’’ the first vote in this series. NOES—212 So the amendment was rejected. AMENDMENT NO. 1 OFFERED BY MR. STEARNS Abercrombie Berkley Boyda (KS) The result of the vote was announced The Acting CHAIRMAN. The unfin- Ackerman Berman Brady (PA) as above recorded. Allen Berry Braley (IA) AMENDMENT OFFERED BY MR. FLAKE ished business is the demand for a re- Andrews Bishop (GA) Brown, Corrine corded vote on the amendment offered Arcuri Bishop (NY) Butterfield The Acting CHAIRMAN. The unfin- by the gentleman from Florida (Mr. Baca Blumenauer Capps ished business is the demand for a re- STEARNS) on which further proceedings Baird Bordallo Capuano corded vote on the amendment offered Baldwin Boswell Cardoza were postponed and on which the noes Bean Boucher Carnahan by the gentleman from Arizona (Mr. prevailed by voice vote. Becerra Boyd (FL) Carson FLAKE) on the Lobster Institute on

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8665 which further proceedings were post- Hirono McNerney Schwartz ceedings were postponed and on which poned and on which the noes prevailed Hobson McNulty Scott (GA) the noes prevailed by voice vote. Hodes Meek (FL) Scott (VA) by voice vote. Hoekstra Meeks (NY) Serrano The Clerk will redesignate the The Clerk will redesignate the Holden Melancon Sestak amendment. amendment. Holt Mica Shays The Clerk redesignated the amend- Honda Miller (MI) Shea-Porter The Clerk redesignated the amend- Hooley Miller (NC) Sherman ment. ment. Hoyer Miller, Gary Shuler RECORDED VOTE Hulshof Miller, George RECORDED VOTE Shuster The Acting CHAIRMAN. A recorded Inslee Mitchell Simpson The Acting CHAIRMAN. A recorded Israel Mollohan Sires vote has been demanded. vote has been demanded. Jackson (IL) Moore (KS) Skelton A recorded vote was ordered. Jackson-Lee Moore (WI) Slaughter The Acting CHAIRMAN. This will be A recorded vote was ordered. (TX) Moran (KS) Smith (NJ) a 2-minute vote. The Acting CHAIRMAN. This will be Jefferson Moran (VA) Smith (TX) a 2-minute vote. Johnson, E. B. Murphy (CT) Smith (WA) The vote was taken by electronic de- Johnson, Sam Murphy, Patrick Snyder vice, and there were—ayes 77, noes 337, The vote was taken by electronic de- Jones (NC) Murphy, Tim vice, and there were—ayes 87, noes 328, Solis not voting 23, as follows: Jones (OH) Murtha Souder not voting 22, as follows: Kagen Nadler Space [Roll No. 736] Kanjorski Napolitano [Roll No. 735] Spratt AYES—77 Kaptur Neal (MA) Stark Akin Gingrey Petri AYES—87 Kildee Norton Stupak Kilpatrick Oberstar Bachmann Graves Pitts Akin Foxx Neugebauer Sullivan Kind Obey Barrett (SC) Heller Platts Bachmann Franks (AZ) Nunes Sutton King (NY) Olver Barrow Hensarling Poe Barrett (SC) Garrett (NJ) Tanner Pearce Kirk Ortiz Barton (TX) Herger Porter Barrow Gingrey Tauscher Pence Klein (FL) Pallone Bilbray Hill Price (GA) Barton (TX) Goodlatte Taylor Petri Knollenberg Pascrell Bilirakis Inglis (SC) Bilbray Graves Thompson (CA) Ramstad Pitts Kucinich Pastor Bishop (UT) Issa Bilirakis Hall (TX) Thompson (MS) Rohrabacher Platts Kuhl (NY) Payne Blackburn Jindal Bishop (UT) Heller Tiahrt Royce Poe Lampson Perlmutter Broun (GA) Johnson (IL) Blackburn Hensarling Tiberi Ryan (WI) Porter Langevin Peterson (MN) Burton (IN) Keller Blunt Herger Tierney Sali Price (GA) Lantos Peterson (PA) Buyer Kline (MN) Boehner Hill Towns Schmidt Ramstad Larsen (WA) Pickering Campbell (CA) Lamborn Broun (GA) Inglis (SC) Sensenbrenner Rohrabacher Larson (CT) Pomeroy Turner Cannon Linder Brown-Waite, Issa Udall (CO) Sessions Roskam Latham Price (NC) Chabot Mack Ginny Jindal Udall (NM) Shadegg Royce LaTourette Pryce (OH) Coble Marshall Buchanan Johnson (IL) Shimkus Lee Putnam Upton Conaway McCarthy (CA) Burton (IN) Keller Ryan (WI) Shuster Levin Radanovich Van Hollen Cooper McCaul (TX) Buyer Kingston Sali ´ Lewis (CA) Rahall Velazquez Deal (GA) McHenry Stearns Campbell (CA) Kline (MN) Schmidt Lewis (GA) Rangel Visclosky Dreier Mica Sullivan Cannon Lamborn Sensenbrenner Lewis (KY) Regula Walberg Duncan Miller (FL) Tancredo Cantor Linder Sessions Lipinski Rehberg Walden (OR) Ehlers Myrick Terry Chabot Lungren, Daniel Shadegg LoBiondo Reichert Walsh (NY) Feeney Neugebauer Thornberry Coble E. Shimkus Loebsack Renzi Walz (MN) Flake Nunes Weller Conaway Mack Smith (NE) Lofgren, Zoe Reyes Wamp Foxx Pearce Westmoreland Cooper Marchant Stearns Lowey Reynolds Wasserman Franks (AZ) Pence Wilson (SC) Deal (GA) Marshall Tancredo Lucas Rodriguez Schultz Dreier McCarthy (CA) Terry Lynch Rogers (AL) Waters NOES—337 Duncan McCaul (TX) Thornberry Mahoney (FL) Rogers (KY) Watson Abercrombie Carnahan Etheridge Everett McHenry Weldon (FL) Maloney (NY) Rogers (MI) Watt Ackerman Carney Everett Feeney Miller (FL) Westmoreland Manzullo Ros-Lehtinen Waxman Aderholt Carson Faleomavaega Flake Myrick Wilson (SC) Markey Ross Weiner Alexander Castle Fallin NOES—328 Matheson Rothman Welch (VT) Allen Chandler Farr Matsui Roybal-Allard Weller Altmire Clay Fattah Ackerman Carney Ellsworth McCarthy (NY) Ruppersberger Wexler Andrews Cleaver Ferguson Aderholt Carson Emanuel McCollum (MN) Rush Whitfield Arcuri Clyburn Filner Alexander Castle Emerson McCotter Ryan (OH) Wicker Baca Cohen Forbes Allen Chandler Engel McCrery Salazar Wilson (NM) Bachus Cole (OK) Fortenberry Altmire Christensen English (PA) McDermott Sa´ nchez, Linda Wilson (OH) Baker Conyers Frank (MA) Andrews Clay Eshoo McGovern T. Wolf Baldwin Costa Frelinghuysen Arcuri Cleaver Etheridge McHugh Sanchez, Loretta Woolsey Bartlett (MD) Costello Gallegly Baca Clyburn Faleomavaega McIntyre Sarbanes Wu Bean Courtney Gerlach Bachus Cohen Fallin McKeon Saxton Wynn Becerra Cramer Giffords Baker Cole (OK) Farr McMorris Schakowsky Yarmuth Berkley Crenshaw Gilchrest Baldwin Conyers Fattah Rodgers Schiff Young (FL) Berman Crowley Gillibrand Bartlett (MD) Costa Ferguson Berry Cuellar Gillmor Bean Costello Filner NOT VOTING—22 Biggert Culberson Gohmert Becerra Courtney Forbes Abercrombie Davis, David King (IA) Bishop (GA) Cummings Gonzalez Berkley Cramer Fortenberry Baird Davis, Jo Ann LaHood Bishop (NY) Davis (AL) Goode Berman Crenshaw Frank (MA) Brady (TX) Fortun˜ o Michaud Blumenauer Davis (CA) Goodlatte Berry Crowley Frelinghuysen Burgess Fossella Musgrave Blunt Davis (IL) Gordon Biggert Cuellar Gallegly Carter Hunter Boehner Davis (KY) Granger Bishop (GA) Culberson Gerlach Paul Castor Johnson (GA) Young (AK) Bonner Davis, Lincoln Green, Al Bishop (NY) Cummings Giffords Clarke Jordan Bono Davis, Tom Green, Gene Blumenauer Davis (AL) Gilchrest Cubin Kennedy Boozman DeFazio Grijalva Bonner Davis (CA) Gillibrand Bordallo DeGette Gutierrez Bono Davis (IL) Gillmor ANNOUNCEMENT BY THE ACTING CHAIRMAN Boren Delahunt Hall (NY) Boozman Davis (KY) Gohmert The Acting CHAIRMAN (during the Boswell DeLauro Hall (TX) Bordallo Davis, Lincoln Gonzalez Boucher Dent Hare Boren Davis, Tom Goode vote). There is less than 1 minute re- Boustany Diaz-Balart, L. Harman Boswell DeFazio Gordon maining in this vote. Boyd (FL) Diaz-Balart, M. Hastert Boucher DeGette Granger Boyda (KS) Dicks Hastings (FL) Boustany Delahunt Green, Al b 1628 Brady (PA) Dingell Hastings (WA) Boyd (FL) DeLauro Green, Gene Braley (IA) Doggett Hayes Boyda (KS) Dent Grijalva So the amendment was rejected. Brown (SC) Donnelly Herseth Sandlin Brady (PA) Diaz-Balart, L. Gutierrez The result of the vote was announced Brown, Corrine Doolittle Higgins Braley (IA) Diaz-Balart, M. Hall (NY) as above recorded. Brown-Waite, Doyle Hinchey Brown (SC) Dicks Hare Ginny Drake Hinojosa Brown, Corrine Dingell Harman AMENDMENT OFFERED BY MR. FLAKE Buchanan Edwards Hirono Butterfield Doggett Hastert The Acting CHAIRMAN. The unfin- Butterfield Ellison Hobson Calvert Donnelly Hastings (FL) Calvert Ellsworth Hodes Camp (MI) Doolittle Hastings (WA) ished business is the demand for a re- Camp (MI) Emanuel Hoekstra Capito Doyle Hayes corded vote on the amendment offered Capito Emerson Holden Capps Drake Herseth Sandlin by the gentleman from Arizona (Mr. Capps Engel Holt Capuano Edwards Higgins FLAKE) on the East Coast Shellfish Re- Capuano English (PA) Honda Cardoza Ehlers Hinchey Cardoza Eshoo Hooley Carnahan Ellison Hinojosa search Institute on which further pro-

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8666 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Hoyer Meek (FL) Scott (GA) The Clerk will redesignate the Berman Holden Payne Hulshof Meeks (NY) Scott (VA) amendment. Bishop (GA) Holt Perlmutter Inslee Melancon Serrano Bishop (NY) Honda Pomeroy Israel Miller (MI) Sestak The Clerk redesignated the amend- Blumenauer Hooley Price (NC) Jackson (IL) Miller (NC) Shays ment. Boswell Hoyer Rahall Jackson-Lee Miller, Gary Shea-Porter Brady (PA) Inslee Rangel RECORDED VOTE (TX) Miller, George Sherman Braley (IA) Israel Reyes Jefferson Mitchell Shuler The CHAIRMAN. A recorded vote has Brown, Corrine Jackson (IL) Rodriguez Johnson, E. B. Mollohan Simpson been demanded. Butterfield Jackson-Lee Rothman Johnson, Sam Moore (KS) Sires Capps (TX) Roybal-Allard Jones (NC) Moore (WI) A recorded vote was ordered. Capuano Jefferson Skelton Ruppersberger Jones (OH) Moran (KS) Cardoza Johnson, E. B. Slaughter The CHAIRMAN. This will be a 2- Rush Kagen Moran (VA) Carson Jones (OH) Smith (NE) minute vote. Ryan (OH) Kanjorski Murphy (CT) Castle Kagen Smith (NJ) Salazar Kaptur Murphy, Patrick The vote was taken by electronic de- Chandler Kanjorski ´ Kennedy Murphy, Tim Smith (TX) vice, and there were—ayes 215, noes 205, Christensen Kaptur Sanchez, Linda Kildee Murtha Smith (WA) not voting 17, as follows: Cleaver Kennedy T. Kilpatrick Nadler Snyder Clyburn Kildee Sanchez, Loretta Kind Napolitano Solis [Roll No. 737] Cohen Kilpatrick Sarbanes King (NY) Neal (MA) Souder AYES—215 Conyers Kirk Saxton Kingston Norton Space Cooper Klein (FL) Schakowsky Aderholt Fortenberry Myrick Kirk Oberstar Spratt Costa Kucinich Schiff Akin Fossella Neugebauer Klein (FL) Obey Stark Courtney Lampson Schwartz Alexander Foxx Knollenberg Olver Stupak Nunes Crowley Langevin Scott (GA) Altmire Franks (AZ) Kucinich Ortiz Sutton Oberstar Cummings Lantos Serrano Bachmann Gallegly Kuhl (NY) Pallone Tanner Paul Davis (AL) Larsen (WA) Sestak Bachus Garrett (NJ) Lampson Pascrell Tauscher Pearce Davis (CA) Larson (CT) Shays Baker Gerlach Langevin Pastor Taylor Pence Davis (IL) Lee Shea-Porter Barrett (SC) Gilchrest Lantos Payne Thompson (CA) Peterson (MN) DeFazio Levin Sherman Bartlett (MD) Gillmor Larsen (WA) Perlmutter Thompson (MS) Peterson (PA) DeGette Lewis (GA) Sires Barton (TX) Gingrey Larson (CT) Peterson (MN) Tiahrt Petri Delahunt LoBiondo Slaughter Berry Gohmert Latham Peterson (PA) Tiberi Pickering DeLauro Loebsack Smith (NJ) Biggert Goode LaTourette Pickering Tierney Pitts Dicks Lofgren, Zoe Bilbray Goodlatte Smith (WA) Lee Pomeroy Platts Dingell Lowey Towns Bilirakis Gordon Snyder Levin Price (NC) Poe Doggett Lynch Turner Bishop (UT) Granger Solis Lewis (CA) Pryce (OH) Porter Doyle Maloney (NY) Udall (CO) Blackburn Graves Space Lewis (GA) Putnam Price (GA) Edwards Markey Udall (NM) Blunt Hall (TX) Spratt Lewis (KY) Radanovich Pryce (OH) Ellison Matsui Upton Boehner Hastert Stark Lipinski Rahall Putnam Emanuel McCarthy (NY) Van Hollen Bonner Hastings (WA) Sutton LoBiondo Rangel Radanovich Engel McCollum (MN) Vela´ zquez Bono Hayes Tauscher Loebsack Regula Ramstad Eshoo McDermott Visclosky Boozman Heller Terry Lofgren, Zoe Rehberg Regula Etheridge McGovern Walberg Bordallo Hensarling Thompson (CA) Lowey Reichert Rehberg Faleomavaega McNerney Walden (OR) Boren Herger Thompson (MS) Lucas Renzi Reichert Farr McNulty Walsh (NY) Boucher Hill Tierney Lungren, Daniel Reyes Renzi Fattah Meek (FL) Walz (MN) Boustany Hobson Towns E. Reynolds Reynolds Ferguson Meeks (NY) Wamp Boyd (FL) Hoekstra Udall (CO) Lynch Rodriguez Rogers (AL) Filner Miller (NC) Wasserman Boyda (KS) Hulshof Udall (NM) Mahoney (FL) Rogers (AL) Rogers (KY) Frank (MA) Miller, George Schultz Broun (GA) Inglis (SC) Van Hollen Maloney (NY) Rogers (KY) Rogers (MI) Frelinghuysen Mitchell Waters Brown (SC) Issa ´ Manzullo Rogers (MI) Rohrabacher Giffords Mollohan Velazquez Watson Brown-Waite, Jindal Marchant Ros-Lehtinen Ros-Lehtinen Gillibrand Moore (KS) Visclosky Ginny Johnson (IL) Markey Roskam Watt Roskam Gonzalez Moore (WI) Walz (MN) Buchanan Johnson, Sam Matheson Ross Waxman Ross Green, Al Moran (VA) Wasserman Burton (IN) Jones (NC) Matsui Rothman Weiner Royce Green, Gene Murphy (CT) Schultz Buyer Keller McCarthy (NY) Roybal-Allard Welch (VT) Ryan (WI) Grijalva Murphy, Patrick Waters Calvert Kind McCollum (MN) Ruppersberger Weldon (FL) Sali Gutierrez Murtha Watson Camp (MI) King (NY) McCotter Rush Wexler Schmidt Hall (NY) Nadler Watt Campbell (CA) Kingston McCrery Ryan (OH) Whitfield Scott (VA) Hare Napolitano Waxman Cannon Kline (MN) McDermott Salazar Wicker Sensenbrenner Harman Neal (MA) Weiner Cantor Knollenberg McGovern Sa´ nchez, Linda Wilson (NM) Sessions Hastings (FL) Norton Welch (VT) Capito Kuhl (NY) McHugh T. Wilson (OH) Shadegg Herseth Sandlin Obey Wexler Carnahan Lamborn McIntyre Sanchez, Loretta Wolf Shimkus Higgins Olver Wolf Carney Latham McKeon Sarbanes Woolsey Hinchey Ortiz Woolsey Chabot LaTourette Shuler McMorris Saxton Wu Hinojosa Pallone Wu Clay Lewis (CA) Shuster Rodgers Schakowsky Wynn Hirono Pascrell Wynn Coble Lewis (KY) Simpson McNerney Schiff Yarmuth Hodes Pastor Yarmuth Cole (OK) Linder Skelton McNulty Schwartz Young (FL) Conaway Lipinski Smith (NE) NOT VOTING—17 Costello Lucas Smith (TX) NOT VOTING—23 Brady (TX) Davis, David King (IA) Cramer Lungren, Daniel Souder Burgess Davis, Jo Ann LaHood Baird Cubin Jordan Crenshaw E. Stearns Carter Fortun˜ o Brady (TX) Davis, David King (IA) Cuellar Mack Stupak Michaud Castor Hunter Burgess Davis, Jo Ann LaHood Culberson Mahoney (FL) Sullivan Musgrave ˜ Clarke Johnson (GA) Cantor Fortuno Michaud Davis (KY) Manzullo Tancredo Young (AK) Cubin Jordan Carter Fossella Musgrave Davis, Lincoln Marchant Tanner Castor Garrett (NJ) Paul Davis, Tom Marshall Taylor ANNOUNCEMENT BY THE CHAIRMAN Christensen Hunter Thornberry Young (AK) Deal (GA) Matheson The CHAIRMAN (during the vote). Clarke Johnson (GA) Dent McCarthy (CA) Tiahrt Tiberi Members are advised 45 seconds remain ANNOUNCEMENT BY THE CHAIRMAN Diaz-Balart, L. McCaul (TX) Diaz-Balart, M. McCotter Turner in this vote. The CHAIRMAN (during the vote). Donnelly McCrery Upton Members are advised 1 minute remains Doolittle McHenry Walberg b 1638 in this vote. Drake McHugh Walden (OR) Mr. ENGLISH of Pennsylvania and Dreier McIntyre Walsh (NY) Mr. LEWIS of California changed their b 1632 Duncan McKeon Wamp Ehlers McMorris Weldon (FL) vote from ‘‘no’’ to ‘‘aye.’’ So the amendment was rejected. Ellsworth Rodgers Weller So the amendment was agreed to. The result of the vote was announced Emerson Melancon Westmoreland The result of the vote was announced English (PA) Mica Whitfield as above recorded. Everett Miller (FL) Wicker as above recorded. AMENDMENT NO. 25 OFFERED BY MR. PENCE Fallin Miller (MI) Wilson (NM) AMENDMENT NO. 41 OFFERED BY MR. UPTON The CHAIRMAN. The unfinished Feeney Miller, Gary Wilson (OH) The CHAIRMAN. The unfinished Flake Moran (KS) Wilson (SC) business is the demand for a recorded Forbes Murphy, Tim Young (FL) business is the demand for a recorded vote on the amendment offered by the vote on the amendment offered by the NOES—205 gentleman from Indiana (Mr. PENCE) on gentleman from Michigan (Mr. UPTON) which further proceedings were post- Abercrombie Arcuri Barrow on which further proceedings were Ackerman Baca Bean poned and on which the noes prevailed Allen Baird Becerra postponed and on which the ayes pre- by voice vote. Andrews Baldwin Berkley vailed by voice vote.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8667 The Clerk will redesignate the Matsui Porter Smith (NJ) The Clerk will redesignate the amendment. McCarthy (CA) Price (GA) Smith (TX) amendment. McCarthy (NY) Price (NC) Smith (WA) The Clerk redesignated the amend- McCaul (TX) Pryce (OH) Snyder The Clerk redesignated the amendment. McCollum (MN) Putnam Solis ment. McCotter Radanovich Souder RECORDED VOTE RECORDED VOTE McDermott Rahall Space The CHAIRMAN. A recorded vote has McGovern Ramstad Spratt The CHAIRMAN. A recorded vote has been demanded. McHenry Rangel Stark been demanded. McHugh Regula A recorded vote was ordered. Stearns A recorded vote was ordered. McIntyre Rehberg Stupak The CHAIRMAN. This will be a 2- McKeon Reichert Sullivan The CHAIRMAN. This will be a 2- minute vote. McMorris Renzi Sutton minute vote. Rodgers Reyes The vote was taken by electronic de- Tanner The vote was taken by electronic de- McNerney Reynolds Tauscher McNulty Rodriguez vice, and there were—ayes 138, noes 282, vice, and there were—ayes 404, noes 16, Taylor Meek (FL) Rogers (AL) not voting 17, as follows: Terry not voting 17, as follows: Meeks (NY) Rogers (KY) Thompson (CA) [Roll No. 739] [Roll No. 738] Melancon Rogers (MI) Thompson (MS) Mica Rohrabacher AYES—138 AYES—404 Thornberry Miller (FL) Ros-Lehtinen Akin Gallegly Musgrave Abercrombie Costello Harman Tiahrt Miller (MI) Roskam Alexander Garrett (NJ) Ackerman Courtney Hastert Tiberi Myrick Miller (NC) Ross Bachmann Gingrey Aderholt Cramer Hastings (FL) Tierney Neugebauer Miller, Gary Rothman Bachus Gohmert Akin Crenshaw Hastings (WA) Towns Nunes Miller, George Roybal-Allard Baker Goode Alexander Crowley Hayes Turner Paul Mitchell Royce Barrett (SC) Goodlatte Allen Cuellar Heller Udall (CO) Pearce Mollohan Ruppersberger Bartlett (MD) Granger Altmire Culberson Hensarling Udall (NM) Pence Moore (KS) Rush Barton (TX) Graves Andrews Cummings Herger Upton Petri Moore (WI) Ryan (OH) Biggert Hall (TX) Arcuri Davis (AL) Herseth Sandlin Van Hollen Pickering Moran (KS) Ryan (WI) Bilbray Hastert Baca Davis (CA) Higgins Vela´ zquez Pitts Moran (VA) Salazar Bishop (UT) Hastings (WA) Bachmann Davis (IL) Hill Visclosky Poe Murphy (CT) Sali Blackburn Hayes Bachus Davis (KY) Hinchey Walberg Price (GA) Murphy, Patrick Sa´ nchez, Linda Blunt Heller Baird Davis, Lincoln Hinojosa Walden (OR) Putnam Murphy, Tim T. Boehner Hensarling Baker Davis, Tom Hirono Walz (MN) Radanovich Murtha Sanchez, Loretta Bonner Hoekstra Baldwin Deal (GA) Hobson Wamp Reynolds Myrick Sarbanes Bono Hulshof Barrett (SC) DeFazio Hodes Wasserman Rogers (KY) Nadler Saxton Boozman Inglis (SC) Barrow DeGette Hoekstra Schultz Rogers (MI) Napolitano Schakowsky Broun (GA) Issa Bartlett (MD) Delahunt Holden Waters Rohrabacher Neal (MA) Schiff Brown (SC) Jindal Barton (TX) DeLauro Holt Watson Ros-Lehtinen Neugebauer Schmidt Buchanan Johnson, Sam Bean Dent Honda Watt Roskam Norton Schwartz Burton (IN) Jones (NC) Becerra Diaz-Balart, L. Hooley Waxman Nunes Scott (GA) Buyer Keller Royce Berkley Diaz-Balart, M. Hoyer Weiner Oberstar Scott (VA) Camp (MI) Kingston Ryan (WI) Berman Dicks Hulshof Welch (VT) Obey Sensenbrenner Campbell (CA) Kline (MN) Sali Berry Dingell Inglis (SC) Weldon (FL) Olver Serrano Cantor Lamborn Schmidt Biggert Doggett Israel Weller Ortiz Sessions Chabot Lewis (KY) Sensenbrenner Bilbray Donnelly Issa Westmoreland Pallone Sestak Coble Linder Sessions Bilirakis Doolittle Jackson (IL) Pascrell Shadegg Wexler Cole (OK) Lucas Shadegg Bishop (GA) Doyle Jackson-Lee Pastor Shays Whitfield Conaway Lungren, Daniel Shimkus Bishop (NY) Drake (TX) Payne Shea-Porter Wicker Crenshaw E. Shuster Bishop (UT) Dreier Jefferson Pearce Sherman Wilson (NM) Culberson Mack Smith (NE) Blumenauer Duncan Jindal Pence Shimkus Wilson (OH) Davis (KY) Mahoney (FL) Smith (TX) Blunt Edwards Johnson (IL) Perlmutter Shuler Wilson (SC) Davis, Tom Manzullo Stearns Boehner Ehlers Johnson, E. B. Petri Shuster Wolf Deal (GA) Marchant Sullivan Bonner Ellison Jones (OH) Pickering Sires Woolsey Diaz-Balart, L. McCarthy (CA) Tancredo Bono Ellsworth Kagen Platts Skelton Wu Diaz-Balart, M. McCaul (TX) Taylor Boozman Emanuel Kanjorski Poe Slaughter Wynn Drake McCotter Terry Bordallo Emerson Kaptur Pomeroy Smith (NE) Yarmuth Dreier McCrery Thornberry Boren Engel Keller Duncan McHenry Tiahrt Boswell English (PA) Kennedy NOES—16 Everett McKeon Tiberi Boucher Eshoo Kildee Blackburn Linder Simpson Fallin McMorris Turner Boustany Etheridge Kilpatrick Cannon McCrery Tancredo Feeney Rodgers Walberg Boyd (FL) Everett Kind Inslee Paul Walsh (NY) Flake Mica Wamp Boyda (KS) Faleomavaega King (NY) Johnson, Sam Peterson (MN) Forbes Miller (FL) Westmoreland Brady (PA) Fallin Kingston Young (FL) Jones (NC) Peterson (PA) Fossella Miller (MI) Whitfield Braley (IA) Farr Kirk Lewis (CA) Pitts Foxx Miller, Gary Wicker Broun (GA) Fattah Klein (FL) Franks (AZ) Moran (KS) Wilson (SC) Brown (SC) Feeney Kline (MN) NOT VOTING—17 Brown, Corrine Ferguson Knollenberg Brady (TX) Davis, David King (IA) NOES—282 Brown-Waite, Filner Kucinich Burgess Davis, Jo Ann Ginny Flake Kuhl (NY) LaHood Abercrombie Brown-Waite, Davis (IL) Carter Fortun˜ o Buchanan Forbes Lamborn Michaud Ackerman Ginny Davis, Lincoln Castor Hunter Burton (IN) Fortenberry Lampson Musgrave Aderholt Butterfield DeFazio Clarke Johnson (GA) Butterfield Fossella Langevin Young (AK) Allen Calvert DeGette Cubin Jordan Buyer Foxx Lantos Altmire Cannon Delahunt Andrews Capito DeLauro Calvert Frank (MA) Larsen (WA) ANNOUNCEMENT BY THE CHAIRMAN Camp (MI) Franks (AZ) Larson (CT) Arcuri Capps Dent Campbell (CA) Frelinghuysen Latham The CHAIRMAN (during the vote). Baca Capuano Dicks Cantor Gallegly LaTourette Members are advised 30 seconds remain Baird Cardoza Dingell Capito Garrett (NJ) Lee in this vote. Baldwin Carnahan Doggett Capps Gerlach Levin Barrow Carney Donnelly Capuano Giffords Lewis (GA) Bean Carson Doolittle Cardoza Gilchrest Lewis (KY) b 1642 Becerra Castle Doyle Carnahan Gillibrand Lipinski Mr. ABERCROMBIE and Mr. WELCH Berkley Chandler Edwards Carney Gillmor LoBiondo Berman Christensen Ehlers Carson Gingrey Loebsack changed their vote from ‘‘no’’ to ‘‘aye.’’ Berry Clay Ellison Castle Gohmert Lofgren, Zoe So the amendment was agreed to. Bilirakis Cleaver Ellsworth Chabot Gonzalez Lowey The result of the vote was announced Bishop (GA) Clyburn Emanuel Bishop (NY) Cohen Emerson Chandler Goode Lucas as above recorded. Christensen Goodlatte Lungren, Daniel Blumenauer Conyers Engel Clay Gordon E. AMENDMENT OFFERED BY MR. JORDAN OF OHIO Bordallo Cooper English (PA) Cleaver Granger Lynch The CHAIRMAN. The unfinished Boren Costa Eshoo Clyburn Graves Mack Boswell Costello Etheridge Coble Green, Al Mahoney (FL) business is the demand for a recorded Boucher Courtney Faleomavaega Cohen Green, Gene Maloney (NY) vote on the amendment offered by the Boustany Cramer Farr Cole (OK) Grijalva Manzullo gentleman from Ohio (Mr. JORDAN) on Boyd (FL) Crowley Fattah Boyda (KS) Cuellar Ferguson Conaway Gutierrez Marchant which further proceedings were post- Conyers Hall (NY) Markey Brady (PA) Cummings Filner Cooper Hall (TX) Marshall poned and on which the noes prevailed Braley (IA) Davis (AL) Fortenberry Costa Hare Matheson by voice vote. Brown, Corrine Davis (CA) Frank (MA)

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8668 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Frelinghuysen Lowey Sa´ nchez, Linda The Clerk redesignated the amend- Faleomavaega Lewis (CA) Ryan (OH) Gerlach Lynch T. ment. Farr Lewis (GA) Salazar Giffords Maloney (NY) Sanchez, Loretta Fattah Lipinski Sa´ nchez, Linda Gilchrest Markey Sarbanes RECORDED VOTE Ferguson LoBiondo T. Gillibrand Marshall Saxton The CHAIRMAN. A recorded vote has Filner Loebsack Sanchez, Loretta Gillmor Matheson Schakowsky Fortenberry Lofgren, Zoe Sarbanes Gonzalez Matsui Schiff been demanded. Frank (MA) Lowey Saxton Gordon McCarthy (NY) Schwartz A recorded vote was ordered. Frelinghuysen Lynch Schakowsky Green, Al McCollum (MN) Gerlach Maloney (NY) Scott (GA) The CHAIRMAN. This will be a 2- Schiff Green, Gene McDermott Scott (VA) Gilchrest Markey Schwartz Grijalva McGovern Serrano minute vote. Gillmor Marshall Scott (GA) Gutierrez McHugh Gonzalez Matsui Sestak The vote was taken by electronic de- Scott (VA) Hall (NY) McIntyre Gordon McCarthy (NY) Shays Serrano Hare McNerney vice, and there were—ayes 159, noes 261, Green, Al McCollum (MN) Shea-Porter Sestak Harman McNulty not voting 17, as follows: Green, Gene McDermott Sherman Shea-Porter Hastings (FL) Meek (FL) [Roll No. 740] Grijalva McGovern Herseth Sandlin Meeks (NY) Shuler Gutierrez McHugh Sherman Higgins Melancon Simpson AYES—159 Hall (NY) McIntyre Simpson Hill Miller (NC) Sires Hare McNerney Sires Akin Franks (AZ) Myrick Hinchey Miller, George Skelton Harman McNulty Skelton Alexander Gallegly Neugebauer Hinojosa Mitchell Slaughter Hastings (FL) Meek (FL) Slaughter Altmire Garrett (NJ) Nunes Hirono Mollohan Smith (NJ) Herseth Sandlin Meeks (NY) Smith (NJ) Bachmann Giffords Paul Hobson Moore (KS) Smith (WA) Higgins Melancon Smith (WA) Bachus Gillibrand Hodes Moore (WI) Snyder Pearce Hill Miller (NC) Snyder Baker Gingrey Holden Moran (VA) Solis Pence Hinchey Miller, George Solis Barrett (SC) Gohmert Holt Murphy (CT) Souder Peterson (PA) Hinojosa Mollohan Space Bartlett (MD) Goode Honda Murphy, Patrick Space Petri Hirono Moore (KS) Spratt Barton (TX) Goodlatte Hooley Murphy, Tim Spratt Pickering Hodes Moore (WI) Stark Bean Granger Hoyer Murtha Stark Pitts Holden Moran (VA) Biggert Graves Stupak Inslee Nadler Stupak Poe Holt Murphy (CT) Bilbray Hall (TX) Sutton Israel Napolitano Price (GA) Honda Murphy, Patrick Sutton Bilirakis Hastert Tanner Jackson (IL) Neal (MA) Putnam Hooley Murphy, Tim Tanner Bishop (UT) Hastings (WA) Tauscher Jackson-Lee Norton Radanovich Hoyer Murtha Tauscher Blackburn Hayes Thompson (CA) (TX) Oberstar Ramstad Inslee Nadler Thompson (CA) Blunt Heller Thompson (MS) Jefferson Obey Rehberg Israel Napolitano Thompson (MS) Boehner Hensarling Tierney Johnson (IL) Olver Reynolds Jackson (IL) Neal (MA) Tierney Bonner Herger Towns Johnson, E. B. Ortiz Rogers (AL) Jackson-Lee Norton Towns Bono Hoekstra Udall (CO) Jones (OH) Pallone Rogers (KY) (TX) Oberstar Udall (CO) Boozman Hulshof Udall (NM) Kagen Pascrell Rogers (MI) Jefferson Obey Udall (NM) Boren Inglis (SC) Van Hollen Kanjorski Pastor Rohrabacher Johnson (IL) Olver Upton Broun (GA) Issa Vela´ zquez Kaptur Payne Ros-Lehtinen Johnson, E. B. Ortiz Van Hollen Brown (SC) Jindal Visclosky Kennedy Perlmutter Jones (OH) Pallone Vela´ zquez Buchanan Johnson, Sam Roskam Walden (OR) Kildee Peterson (MN) Kagen Pascrell Visclosky Burton (IN) Jones (NC) Royce Walsh (NY) Kilpatrick Peterson (PA) Kanjorski Pastor Walden (OR) Buyer Keller Ryan (WI) Walz (MN) Kind Platts Sali Kaptur Payne Walsh (NY) Camp (MI) Kingston Wasserman King (NY) Pomeroy Kennedy Perlmutter Walz (MN) Campbell (CA) Kline (MN) Schmidt Schultz Kirk Porter Sensenbrenner Kildee Peterson (MN) Wasserman Cannon Lamborn Waters Klein (FL) Price (NC) Kilpatrick Platts Schultz Cantor Lewis (KY) Sessions Knollenberg Pryce (OH) Kind Pomeroy Watson Waters Castle Linder Shadegg Kucinich Rahall King (NY) Porter Watt Watson Chabot Lucas Shays Kuhl (NY) Ramstad Kirk Price (NC) Waxman Coble Lungren, Daniel Shimkus Lampson Rangel Watt Klein (FL) Pryce (OH) Weiner Cole (OK) E. Shuler Langevin Regula Waxman Knollenberg Rahall Welch (VT) Conaway Mack Shuster Lantos Rehberg Weiner Kucinich Rangel Weldon (FL) Crenshaw Mahoney (FL) Smith (NE) Larsen (WA) Reichert Welch (VT) Kuhl (NY) Regula Weller Culberson Manzullo Smith (TX) Larson (CT) Renzi Weldon (FL) Lampson Reichert Wexler Davis (KY) Marchant Souder Latham Reyes Weller Langevin Renzi Wilson (NM) Davis, Tom Matheson Stearns LaTourette Rodriguez Wexler Lantos Reyes Wilson (OH) Deal (GA) McCarthy (CA) Sullivan Lee Rogers (AL) Wilson (NM) Larsen (WA) Rodriguez Wolf Diaz-Balart, L. McCaul (TX) Tancredo Levin Ross Wilson (OH) Larson (CT) Ross Woolsey Diaz-Balart, M. McCotter Taylor Lewis (CA) Rothman Wolf Latham Rothman Wu Donnelly McCrery Terry Lewis (GA) Roybal-Allard Woolsey LaTourette Roybal-Allard Wynn Drake McHenry Thornberry Lipinski Ruppersberger Wu Lee Ruppersberger Yarmuth Dreier McKeon Tiahrt LoBiondo Rush Wynn Levin Rush Young (FL) Duncan McMorris Tiberi Loebsack Ryan (OH) Yarmuth English (PA) Rodgers Turner Lofgren, Zoe Salazar Young (FL) NOT VOTING—17 Everett Mica Upton NOT VOTING—17 Fallin Miller (FL) Walberg Brady (TX) Davis, David Jordan Feeney Miller (MI) Wamp Burgess Davis, Jo Ann King (IA) Brady (TX) Davis, David Jordan Flake Miller, Gary Westmoreland Carter Fortun˜ o LaHood Burgess Davis, Jo Ann King (IA) Forbes Mitchell Whitfield Castor Hobson Michaud ˜ Carter Fortuno LaHood Fossella Moran (KS) Wicker Clarke Hunter Young (AK) Castor Herger Michaud Foxx Musgrave Wilson (SC) Cubin Johnson (GA) Clarke Hunter Young (AK) Cubin Johnson (GA) NOES—261 ANNOUNCEMENT BY THE CHAIRMAN ANNOUNCEMENT BY THE CHAIRMAN Abercrombie Brown, Corrine Cuellar The CHAIRMAN (during the vote). The CHAIRMAN (during the vote). Ackerman Brown-Waite, Cummings Members are advised 1 minute remains Aderholt Ginny Davis (AL) on the vote. Members are advised 1 minute remains Allen Butterfield Davis (CA) in this vote. Andrews Calvert Davis (IL) b 1649 Arcuri Capito Davis, Lincoln b 1645 Baca Capps DeFazio So the amendment was rejected. So the amendment was rejected. Baird Capuano DeGette The result of the vote was announced Baldwin Cardoza Delahunt as above recorded. The result of the vote was announced Barrow Carnahan DeLauro as above recorded. Becerra Carney Dent AMENDMENT OFFERED BY MRS. MUSGRAVE AMENDMENT OFFERED BY MR. PRICE OF Berkley Carson Dicks The CHAIRMAN. The unfinished Berman Chandler Dingell GEORGIA business is the demand for a recorded Berry Christensen Doggett The CHAIRMAN. The unfinished Bishop (GA) Clay Doolittle vote on the amendment offered by the business is the demand for a recorded Bishop (NY) Cleaver Doyle gentlewoman from Colorado (Mrs. vote on the amendment offered by the Blumenauer Clyburn Edwards MUSGRAVE) on which further pro- Bordallo Cohen Ehlers gentleman from Georgia (Mr. PRICE) on Boswell Conyers Ellison ceedings were postponed and on which which further proceedings were post- Boucher Cooper Ellsworth the noes prevailed by voice vote. poned and on which the noes prevailed Boustany Costa Emanuel The Clerk will redesignate the by voice vote. Boyd (FL) Costello Emerson amendment. Boyda (KS) Courtney Engel The Clerk will redesignate the Brady (PA) Cramer Eshoo The Clerk redesignated the amend- amendment. Braley (IA) Crowley Etheridge ment.

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RECORDED VOTE Edwards Latham Rush RECORDED VOTE Ehlers LaTourette Ryan (OH) The CHAIRMAN. A recorded vote has The CHAIRMAN. A recorded vote has Ellison Lee Salazar been demanded. Emanuel Lewis (CA) Sa´ nchez, Linda been demanded. A recorded vote was ordered. Engel Lewis (GA) T. A recorded vote was ordered. Eshoo Lipinski Sanchez, Loretta The CHAIRMAN. This will be a 2- The CHAIRMAN. This will be a 2- Etheridge LoBiondo Sarbanes minute vote. minute vote. Faleomavaega Loebsack Saxton The vote was taken by electronic de- Farr Lofgren, Zoe Schakowsky The vote was taken by electronic de- Fattah Lowey vice, and there were—ayes 186, noes 235, Schiff vice, and there were—ayes 192, noes 228, Ferguson Lynch Schwartz Filner Maloney (NY) not voting 17, as follows: not voting 16, as follows: Scott (GA) Frank (MA) Markey [Roll No. 742] [Roll No. 741] Scott (VA) Frelinghuysen Matsui Serrano AYES—192 AYES—186 Gerlach McCarthy (NY) Sestak Gonzalez McCollum (MN) Aderholt Fortenberry Moran (KS) Aderholt Fortenberry Mitchell Gordon McDermott Shea-Porter Akin Fossella Musgrave Akin Fossella Moran (KS) Green, Al McGovern Sherman Alexander Foxx Myrick Alexander Foxx Musgrave Green, Gene McHugh Sires Altmire Franks (AZ) Neugebauer Altmire Franks (AZ) Myrick Grijalva McIntyre Skelton Bachmann Gallegly Nunes Bachmann Gallegly Neugebauer Gutierrez McNerney Slaughter Bachus Garrett (NJ) Paul Bachus Garrett (NJ) Nunes Hall (NY) McNulty Smith (NJ) Baker Gerlach Pearce Baker Giffords Paul Hare Meek (FL) Smith (WA) Barrett (SC) Giffords Pence Barrett (SC) Gilchrest Pearce Harman Meeks (NY) Snyder Barrow Gilchrest Peterson (PA) Barrow Gillibrand Pence Hastings (FL) Miller (NC) Solis Bartlett (MD) Gillibrand Petri Bartlett (MD) Gillmor Peterson (PA) Herseth Sandlin Miller, George Space Barton (TX) Gillmor Pickering Barton (TX) Gingrey Petri Higgins Mollohan Spratt Bean Gingrey Pitts Bean Gohmert Pickering Hinchey Moore (KS) Biggert Gohmert Platts Biggert Goode Pitts Stark Hinojosa Moore (WI) Bilbray Goode Poe Bilbray Goodlatte Platts Stupak Hirono Moran (VA) Bilirakis Goodlatte Porter Bilirakis Granger Poe Sutton Hodes Murphy (CT) Bishop (UT) Granger Price (GA) Bishop (UT) Graves Price (GA) Tauscher Holden Murphy, Patrick Blackburn Graves Pryce (OH) Blackburn Hall (TX) Pryce (OH) Thompson (CA) Holt Murphy, Tim Blunt Hall (TX) Putnam Blunt Hastert Putnam Thompson (MS) Honda Murtha Boehner Hastert Radanovich Boehner Hastings (WA) Radanovich Tierney Hooley Nadler Bonner Hastings (WA) Ramstad Bonner Hayes Ramstad Towns Hoyer Napolitano Bono Hayes Rehberg Bono Heller Regula Udall (CO) Inslee Neal (MA) Boozman Heller Reynolds Boozman Hensarling Rehberg Udall (NM) Israel Norton Boren Hensarling Rogers (AL) Boren Herger Reynolds Van Hollen Jackson (IL) Oberstar Broun (GA) Herger Rogers (KY) Broun (GA) Hill Rogers (AL) Vela´ zquez Jackson-Lee Obey Brown (SC) Hill Rogers (MI) Brown (SC) Hobson Rogers (KY) Visclosky (TX) Olver Brown-Waite, Hoekstra Rohrabacher Brown-Waite, Hoekstra Rogers (MI) Walden (OR) Jefferson Ortiz Ginny Hulshof Ros-Lehtinen Ginny Hulshof Rohrabacher Walsh (NY) Johnson, E. B. Pallone Buchanan Inglis (SC) Roskam Buchanan Inglis (SC) Ros-Lehtinen Walz (MN) Jones (OH) Pascrell Burton (IN) Issa Royce Burton (IN) Issa Roskam Kagen Pastor Wasserman Buyer Jindal Ryan (WI) Buyer Jindal Royce Kanjorski Payne Schultz Calvert Johnson (IL) Sali Calvert Johnson (IL) Ryan (WI) Kaptur Perlmutter Waters Camp (MI) Johnson, Sam Saxton Camp (MI) Johnson, Sam Sali Kennedy Peterson (MN) Watson Campbell (CA) Jones (NC) Schmidt Campbell (CA) Jones (NC) Schmidt Kildee Pomeroy Watt Cannon Keller Sensenbrenner Cannon Keller Sensenbrenner Kilpatrick Porter Waxman Cantor Kingston Sessions Cantor Kingston Sessions Kind Price (NC) Weiner Capito Kirk Shadegg Capito Kirk Shadegg King (NY) Rahall Welch (VT) Carney Kline (MN) Shays Carney Kline (MN) Shays Klein (FL) Rangel Weldon (FL) Castle Lamborn Shimkus Castle Lamborn Shimkus Knollenberg Reichert Weller Chabot Latham Shuler Chabot Levin Shuler Kucinich Renzi Wexler Coble LaTourette Shuster Coble Lewis (KY) Shuster Kuhl (NY) Reyes Wilson (NM) Cole (OK) Lewis (KY) Smith (NE) Cole (OK) Linder Simpson Lampson Rodriguez Wilson (OH) Conaway Linder Smith (NJ) Conaway Lucas Smith (NE) Langevin Ross Woolsey Cooper LoBiondo Souder Cooper Lungren, Daniel Smith (TX) Lantos Rothman Wu Crenshaw Lucas Stearns Crenshaw E. Souder Larsen (WA) Roybal-Allard Wynn Cuellar Lungren, Daniel Sullivan Cuellar Mack Stearns Larson (CT) Ruppersberger Yarmuth Culberson E. Tancredo Culberson Mahoney (FL) Sullivan Davis (KY) Mack Tanner Davis (KY) Manzullo Tancredo NOT VOTING—16 Davis, Lincoln Mahoney (FL) Taylor Davis, Tom Marchant Tanner Brady (TX) Davis, David King (IA) Davis, Tom Manzullo Terry Deal (GA) Marshall Taylor Deal (GA) Marchant Thornberry Burgess Davis, Jo Ann LaHood Diaz-Balart, L. Matheson Terry Dent Marshall Tiahrt Carter Fortun˜ o Michaud Diaz-Balart, M. McCarthy (CA) Thornberry Diaz-Balart, L. Matheson Tiberi Castor Hunter Young (AK) Donnelly McCaul (TX) Tiahrt Diaz-Balart, M. McCarthy (CA) Turner Drake McCotter Tiberi Clarke Johnson (GA) Cubin Jordan Donnelly McCaul (TX) Upton Dreier McCrery Turner Drake McCotter Walberg Duncan McHenry Upton ANNOUNCEMENT BY THE CHAIRMAN Dreier McCrery Walden (OR) Ellsworth McKeon Walberg Duncan McHenry Wamp Emerson McMorris Wamp The CHAIRMAN (during the vote). Ellsworth McKeon Weller English (PA) Rodgers Westmoreland Members are advised 1 minute remains Emerson McMorris Westmoreland Everett Melancon Whitfield in the vote. English (PA) Rodgers Whitfield Fallin Mica Wicker Everett Mica Wicker Feeney Miller (FL) Wilson (SC) Fallin Miller (FL) Wilson (NM) Flake Miller (MI) Wolf b 1652 Feeney Miller (MI) Wilson (SC) Forbes Miller, Gary Young (FL) Flake Miller, Gary Wolf NOES—235 So the amendment was rejected. Forbes Mitchell Young (FL) The result of the vote was announced Abercrombie Boyd (FL) Costello NOES—228 as above recorded. Ackerman Boyda (KS) Courtney Abercrombie Boucher Clyburn Allen Brady (PA) Cramer AMENDMENT NO. 37 OFFERED BY MR. CAMPBELL Ackerman Boustany Cohen Andrews Braley (IA) Crowley OF CALIFORNIA Allen Boyd (FL) Conyers Arcuri Brown, Corrine Cummings Andrews Boyda (KS) Costa Baca Butterfield Davis (AL) The CHAIRMAN. The unfinished Arcuri Brady (PA) Costello Baird Capps Davis (CA) business is the demand for a recorded Baca Braley (IA) Courtney Baldwin Capuano Davis (IL) vote on the amendment offered by the Baird Brown, Corrine Cramer Becerra Cardoza Davis, Lincoln Baldwin Butterfield Crowley AMP Berkley Carnahan DeFazio gentleman from California (Mr. C - Becerra Capps Cummings Berman Carson DeGette BELL) on which further proceedings Berkley Capuano Davis (AL) Berry Chandler Delahunt were postponed and on which the noes Berman Cardoza Davis (CA) Bishop (GA) Christensen DeLauro prevailed by voice vote. Berry Carnahan Davis (IL) Bishop (NY) Clay Dent Bishop (GA) Carson DeFazio Blumenauer Cleaver Dicks The Clerk will redesignate the Bishop (NY) Chandler DeGette Bordallo Clyburn Dingell amendment. Blumenauer Christensen Delahunt Boswell Cohen Doggett The Clerk redesignated the amend- Bordallo Clay DeLauro Boucher Conyers Doolittle Boswell Cleaver Dicks Boustany Costa Doyle ment.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8670 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Dingell Lampson Rodriguez trip to Iraq. As a result, I was absent from the ade. Under Republican control from 2001 to Doggett Langevin Ross Doolittle Lantos Rothman House Floor during a series of rollcall votes. 2006, funding for state and local law enforce- Doyle Larsen (WA) Roybal-Allard Had I been present, I would have voted ment grants was cut from $4.4 billion to $2.5 Edwards Larson (CT) Ruppersberger ‘‘aye’’ on rollcalls 734, 735, 736, 737, 738, billion—a 43 percent decrease. This bill re- Ehlers Lee Rush 739, 740, 741, and 742. verses those trends, making major invest- Ellison Levin Ryan (OH) Emanuel Lewis (CA) Salazar Mr. MOORE of Kansas. Mr. Chairman, with ments into restoring state and local law en- Engel Lewis (GA) Sa´ nchez, Linda today’s passage of the fiscal year 2008 Com- forcements grants. It appropriates $725 million Eshoo Lipinski T. merce-Justice-Science appropriations bill I am for Community Oriented Policing Services (the Etheridge Loebsack Sanchez, Loretta pleased to acknowledge the inclusion, in this COPS program)—$693 million over the Presi- Faleomavaega Lofgren, Zoe Sarbanes Farr Lowey Schakowsky important legislation, of funding to begin the dent’s request and $183 million above 2007— Fattah Lynch Schiff implementation of the National Windstorm Im- to support local law enforcement agencies, in- Ferguson Maloney (NY) Schwartz pact Reduction Program. cluding $100 million for the ‘‘COPS on the Filner Markey Scott (GA) Frank (MA) Matsui Scott (VA) In 2004, the National Windstorm Impact Re- Beat’’ hiring program, not funded since 2005. Frelinghuysen McCarthy (NY) Serrano duction Act, legislation championed by Rep. The Congressional Research Service esti- Gonzalez McCollum (MN) Sestak RANDY NEUGEBAUER and myself, became law. mates that 2,800 new police officers can be Gordon McDermott Shea-Porter On its road to passage, H.R. 2608 (P.L. 108– put on America’s streets with these funds. The Green, Al McGovern Sherman Green, Gene McHugh Simpson 360) enjoyed widespread support in both the President’s budget would have cut these Grijalva McIntyre Sires House and the Senate. The enactment of this grants by 94 percent. Gutierrez McNerney Skelton legislation established the interagency Na- H.R. 3093 also funds the Office on Violence Hall (NY) McNulty Slaughter Hare Meek (FL) Smith (WA) tional Windstorm Impact Reduction Program Against Women at $430 million, $60 million Harman Meeks (NY) Snyder (NWIRP) to improve windstorm impact assess- above the President’s request and $48 million Hastings (FL) Melancon Solis ment and streamline the implementation of above 2007, to reduce violence against Herseth Sandlin Miller (NC) Space federal mitigation efforts to minimize loss of women, and to strengthen services to victims Higgins Miller, George Spratt Hinchey Mollohan Stark life and property due to severe windstorms like of domestic violence, dating violence, sexual Hinojosa Moore (KS) Stupak hurricanes and tornados. assault, and stalking. It provides $1.3 billion Hirono Moore (WI) Sutton All states and regions of the United States for the Office of Justice Programs for grants to Hobson Moran (VA) Tauscher are vulnerable to windstorms, and we all share Hodes Murphy (CT) Thompson (CA) state and local organizations to fund activities Holden Murphy, Patrick Thompson (MS) in the cost of repairing the several billion dol- like crime prevention, the State Criminal Alien Holt Murphy, Tim Tierney lars in economic damage caused each year by Assistance Program, Drug Courts and Byrne Honda Murtha Towns these storms. Vulnerabilities also continue to Grants. It also appropriates $400 million for Hooley Nadler Udall (CO) Hoyer Napolitano Udall (NM) grow as our communities grow, but improved the Office of Juvenile Justice and Delinquency Inslee Neal (MA) Van Hollen windstorm impact measures have the potential Prevention for state and local grants to ad- Israel Norton Vela´ zquez to substantially reduce future losses. Sadly, up dress the problems surrounding juvenile of- Jackson (IL) Oberstar Visclosky to this point few resources have been com- Jackson-Lee Obey Walsh (NY) fenders, including $100 million for a competi- (TX) Olver Walz (MN) mitted to research and program coordination tive youth mentoring grants program. Jefferson Ortiz Wasserman in this area, and no funding has been appro- To keep our Nation’s economic pre- Johnson, E. B. Pallone Schultz priated to begin the implementation of the eminence in the world we need to stay on the Jones (OH) Pascrell Waters Kagen Pastor Watson NWIRP. cutting edge of science and technology. To Kanjorski Payne Watt While federal programs cannot eliminate the that end, H.R. 3093 makes significant invest- Kaptur Perlmutter Waxman occurrence or dangers of future windstorms, ments in scientific research at the country’s Kennedy Peterson (MN) Weiner the programs authorized as part of the top agencies devoted to science. It provides Kildee Pomeroy Welch (VT) Kilpatrick Price (NC) Weldon (FL) NWIRP, if properly funded, will help policy- $28 billion, $2 billion above 2007 and $1 bil- Kind Rahall Wexler makers, private industry, and individual home- lion above the President’s request, for science King (NY) Rangel Wilson (OH) owners adopt strategies for reducing risks to and science education as part of the Innova- Klein (FL) Regula Woolsey Knollenberg Reichert Wu human life and economic loss. The NWIRP tion Agenda to keep America competitive in Kucinich Renzi Wynn also provides an important new opportunity to the global market. The bill also tackles the Kuhl (NY) Reyes Yarmuth initiate badly needed research to understand enormous challenge of global climate change, NOT VOTING—17 how wind affects structures, to enhance wind- with $1.86 billion for research and develop- Brady (TX) Davis, David King (IA) storm damage collection and analysis, and to ment projects to study what is happening, Burgess Davis, Jo Ann LaHood develop and encourage the implementation of what could happen, and what we can do Carter Fortun˜ o Michaud mitigation techniques. about it. Castor Hunter Smith (TX) The language included in the House version The bill also funds other essential federal Clarke Johnson (GA) Young (AK) Cubin Jordan of the fiscal year 2008 Commerce-Justice- programs including the Legal Services Cor- Science appropriations bill will direct much poration, for civil legal assistance to people b 1656 needed funding to the National Science Foun- who are unable to afford it, allowing an addi- So the amendment was rejected. dation, the National Oceanic and Atmospheric tional 31,000 low-income client cases to be The result of the vote was announced Administration, and the National Institutes of concluded. The program was funded at $400 as above recorded. Standards and Technology that will allow each million in 1995 and has been cut repeatedly PERSONAL EXPLANATION agency to begin the implementation of each since. A 2005 study found that for every eligi- Mr. DAVID DAVIS of Tennessee. Mr. Chair- distinct component of the NWIRP for which it ble person served, another was turned away man, due to a meeting with the President at is responsible. Again, I am very pleased with due to lack of resources. This bill provides the White House this afternoon, I was not the inclusion of this funding in the House $377 million for that program, $28 million present to cast my votes on rollcall votes 734 version and strongly encourage its inclusion in above 2007 and $66 million above the Presi- through 742. Had I been present, I would have any conference agreement on this legislation. dent’s request. H.R. 3093 also appropriates voted yea on the Stearns amendment—rollcall Mr. CONYERS. Mr. Chairman, I rise in sup- $333 million for the Equal Employment Oppor- 734, ‘‘aye’’ on the Flake amendment—rollcall port of this vitally important appropriations bill tunity Commission, to reduce the backlog of 735, ‘‘aye’’ on the Flake amendment—rollcall that addresses a wide range of our nation’s pending cases—projected to increase 70 per- 736, ‘‘aye’’ on the Pence amendment—rollcall critical needs. H.R. 3093, the Commerce, Jus- cent from 2006 to 2008 under the President’s 737, ‘‘aye’’ on the Upton amendment—rollcall tice, Science, and Related Agencies Appro- request—and requires that all complaint calls 738, ‘‘aye’’ on the Jordan amendment—rollcall priations Act of 2008 provides local commu- be handled by EEOC employees, cancelling 739, ‘‘aye’’ on the Price of Georgia amend- nities with the help they need to keep our the outsourcing of this service. ment—rollcall 740, ‘‘aye’’ on the Musgrave streets safe; makes significant increases into Finally, the Commerce, Justice and Science amendment—rollcall 741, and ‘‘aye’’ on the scientific research to keep our Nation’s eco- Appropriations bill prohibits administration poli- Campbell amendment—rollcall 742. nomic preeminence in the world; and bans cies that have infringed on our civil rights and PERSONAL EXPLANATION civil rights and privatization abuses furthered curbs privatization policies that have led to Mr. JORDAN of Ohio. I was at the White by the Bush administration. waste, fraud and abuse. H.R. 3093 bars the House this afternoon with several of my col- Last year, the FBI reported that violent FBI from authorizing National Security Letters leagues to brief the President on our recent crime had its biggest increase in over a dec- in contravention of the law, a practice that we

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have examined in the Judiciary Committee. Ms. MATSUI. Mr. Chairman, I rise today LOHAN, Ranking Member FRELINGHUYSEN, and The Justice Department’s Inspector General today to express my support for the National my colleagues in both bodies to preserve cur- has found multiple instances of FBI abuses Textile Center. Textiles are an important part rent funding and remember the importance of and misuses of its authority in issuing these of our daily life and of our Nation’s economy. this program during the Conference process. letters. The bill also prohibits the privatization It is imperative that we remain internationally Mrs. BOYDA of Kansas. Mr. Chairman, of work performed by employees of the Bu- competitive in this industry. The National Tex- when most of us think about law enforcement, reau of Prisons or of Federal Prison Indus- tile Center does exactly that—ensure that the we imagine police patrolling the streets, or we tries, Inc. It also allows federal employees the fiber, textile, and apparel industries in our think of lawyers and judges in a courtroom. same appeals rights as contractors after deci- country have the research and innovations But there’s another chapter to the law enforce- sions are made on public-private competitions. needed to continue to be viable and competi- ment story. Once a criminal has been caught, Mr. Chairman, I am pleased to support this tive. tried, and convicted in federal court, the U.S. bill because it gets us back on the right track The National Textile Center is a consortium prison system is charged with detaining him— after six years of misguided cuts whose disas- of eight coordinated locations across the coun- sometimes for the rest of his life. trous effects are now becoming apparent with try. They have come together in a nationwide Just as Congress talks about supporting po- the FBI’s latest crime statistics. This legislation effort to promote research and education in lice and protecting judges, we need to talk deals literally with life and death issues that developing new and innovative fabrics and about supporting our prisons. In recent years need to be given adequate resources. H.R. materials. These are important collaborative we have seen the Federal inmate population 3093 will put more police on our streets, aid centers that develop new fibers, fabrics, and grow without a corresponding increase in the crime victims, help juvenile offenders get their manufacturing methods with broad ranging ap- number of corrections officers. This is a dan- lives back on track, and provide critical legal plications. services to those who can’t afford it. It also I am proud that one of the partners of the gerous situation that we cannot allow to con- makes vitally important investments in our Na- National Textile Center is the University of tinue. tion’s economic future by encouraging sci- California Davis. Their participation in this na- Since 1980, the population of inmates in entific research. Finally, it protects us from tional research consortium benefits the edu- Federal prisons has increased from 24,000 to government and contractor abuses. The New cation, workforce development, and economy almost 200,000—an 830 percent increase. Un- Direction Congress is once again working to of the Sacramento region and our entire coun- fortunately, funding hasn’t increased nearly align the priorities of the Federal Government try. A key project at U.C. Davis funded by the that fast, and too many facilities are facing with the needs of the American people. National Textile Center is the development of staffing shortages. Right now, Federal prisons Mr. GENE GREEN of Texas. Mr. Chairman, are overcrowded by about 37 percent. I rise today in support of H.R. 3074, the FY08 new personal protection clothing to keep our Commerce, Justice, Science, and Related first responders and military safe. We cannot Frankly, that isn’t right. We can’t claim to be Agencies Appropriations bill. turn our backs on these vital workers, whom tough on crime and neglect our prisons. Con- I want to thank the Chairman OBEY, Chair- we trust with the health and safety of our Na- gress has to provide enough funding to the man MOLLOHAN, Ranking Member FRELING- tion. Bureau of Prisoners to ensure the safety of HUYSEN, and the Appropriations Committee for The National Textile Center funds important our guards and the quality of our prisons. their hard work on this piece of legislation. interdisciplinary collaborations that translate to As a member of the House Corrections This bill will keep our communities safe by many other industries. Basic research funded Caucus, last month I authored a letter to the providing increased funding for the Community by this important consortium has applications House Appropriations Committee requesting Oriented Policing Services Grants Program that will reverberate in many fields, such as increased funding for the Bureau of Prisons. and the Byrne Justice Assistance Grants Pro- biomedical applications, electronics, and Together, we requested $427 million over gram. nanotechnology. I urge my colleagues on both 2007 for the Bureau of Prison’s ‘‘salaries and Both of these programs assist our law en- sides of the aisle to join me in supporting expenses’’ account and $210 million for the forcement agencies by providing grants for the funding of the National Textile Center. We ‘‘buildings and facilities’’ account. Unfortu- hiring of additional police officers. need to oppose efforts to strike funds from this nately, resources are stretched thin and that The CJS Appropriations bill also provides important program that benefits constituents amount could not be met. assistance for the Office on Violence Against nationwide. In order to continue managing the increas- Women. Mr. GINGREY. Mr. Chairman, as we begin ing prison population and providing a safe The COPS program, Byrne Justice Assist- debate on the FY2008 Commerce, Justice, work environment for our correctional officers ance Program, and the Office on Violence Science Appropriations bill, I want to highlight we need to provide the BOP with the nec- Against Women would not have been severely the National Textile Center (NTC). The NTC is essary funding. We must ensure that the BOP under funded in the President’s budget and I a 15-year-old grant program that supports re- receives the funds it needs to conduct mainte- commend the committee for their work to fund search at nine member universities, including nance on current facilities and build the new these vital programs. Georgia Tech, and is the main source of inno- facilities necessary to deal with overcrowding. This bill also contains vital funding for two vation for U.S. textile, fiber and apparel indus- projects in my district: the Houston YMCA of tries. In Georgia, the textile, fiber and apparel Congress can never remove all of the risk Greater Houston’s Apartment Outreach Project industry is the state’s largest manufacturing from the job of guarding a prison. Risk accom- and the Harris County Integrated In-Car Mo- employer with annual payroll of $500 million. It panies any law enforcement job. But we can bile Technology Project. is imperative that this industry continue to ben- provide the resources to help our guards do The YMCA’s Apartment Outreach Project efit from the infusion of new ideas and talent their jobs as safely as possible and dem- will provide for staffing and supply costs for onstrate that we are tough on crime. this program which combats youth crime and that is the basis of the programs of the Na- Mr. WELDON of Florida. Mr. Chairman, gang activity in Houston’s apartment com- tional Textile Center. National Textile Center today I rise to explain the purpose of two plexes. projects in Georgia have lead to improving The Harris County Integrated In-Car Mobile Georgia industry processes including new ap- amendments I submitted to H.R. 3093, the Technology Project will provide county sheriff proaches to carpet recycling and new environ- Commerce, Justice, Science Appropriations officers with mobile data computers to link with mentally friendly approaches to dyes and Bill of 2008. While I had planned to offer these license plate recognition technology. bleaches that lower costs, increase competi- amendments, I was disappointed that just prior Unfortunately, this bill does not provide tiveness, and improve the local plant environ- to offering my amendments to the bill on the funding for several projects that I strongly sup- mental impact. Outside of helping the textile House floor, was informed that the Chairman port. industry respond to rapidly changing market of the Appropriations Subcommittee on Com- These projects would have provided funding demands, the NTC has also inspired and merce, Justice, Science was going to object to for the Harris County, TX to acquire a 10 acre trained highly skilled talent for the U.S. textile my amendments and insist on a point of order tract of land for the Buffalo Bayou Partnership industry and created educational opportunities against them. After discussion with the Parlia- plan to redevelop the bayou and funding for in science, engineering, and technology for mentarian, who said the point of order would Houston Community College to purchase U.S. citizens and permanent residents from K– be upheld on a technicality, I decided to not equipment for training programs conducted by 12 through the doctoral level. offer my amendments. I am disappointed that its Public Safety Institute. Mr. Chairman, the National Textile Center the Democrat majority chose to object to my While it is impossible to fund all of the has clearly been an excellent steward of past amendments on a technicality, particularly projects that we request, I believe that these funding provided by the Department of Com- when you consider that technical objections programs need federal funding. merce. With this in mind, I ask Chairman MOL- were waived for a host of other provisions in

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 9920 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8672 CONGRESSIONAL RECORD — HOUSE July 26, 2007 this same bill. I believe if is important to ex- with the Federal agencies to quickly and effi- Mr. HOLT. Mr. Chairman, I rise in support of plain here and get on the record the sub- ciently deport illegal immigrants, particularly this appropriations bill. stance of these amendments and why they those engaged in criminal acts, would help re- One of the most important roles of govern- are critical to securing our homeland. duce the size and capabilities of criminal ment is ensuring public safety. Over the last My first amendment (No. 14) would have gangs. A large percentage of those who popu- several years, the Federal Government simply tied funding for the Community Oriented Polic- late violent criminal gangs, including MS–13, has not been providing enough support to ing Services (COPS) program to whether re- are illegal immigrants. Violent criminal gangs local and state law enforcement. The Justice cipients are complying with the federal prohibi- are making these communities unsafe. FBI Di- Department’s Uniform Crime Report statistics tion on sanctuary policies. Sanctuary cities rector, Robert Mueller, has even declared have now shown for 2 consecutive years have been prohibited under Federal law (8 MS–13 as the top priority of the bureau’s measurable increases in violent crime nation- U.S.C. 1373 and 1644) for more than 10 criminal-enterprise branch. wide. The Bush administration clearly has its years. Yet, there is no enforcement mecha- Even more, the gangs that are populated by priorities skewed, as the budget it proposed nism and no penalty for those cities that illegal immigrants have increased the threat to for the Community Oriented Policing Services choose to disobey the law. our homeland. Honduran Security Minister, (C.O.P.S.) program for Fiscal Year 2008 was My amendment would have prohibited Oscar Alvarez, even stated that Al Qaeda a mere $32 million, a reduction of over half a COPS funding from going to State or local might be trying to recruit Central American billion dollars from last year’s level. governments that have sanctuary policies gang members to help terrorists infiltrate the This bill addresses that problem by increas- which prevent cooperation between local or US. Additionally, Salvadoran President Tony ing C.O.P.S. program funding to $725 million, state police and federal immigration authorities Saca echoed this theme, saying he could ‘‘not and designating $100 million of that amount to or prevent local or state police from enforcing rule out a link between terrorist and Central be used to hire an additional 2800 police offi- immigration laws. American gang members.’’ cers nationwide. Terrorists know all about sanctuary cities My second amendment (No. 15) would have There is simply no question that our coun- and the concealment that such cities provide. tied funding for the State Criminal Alien Assist- try’s far more robust commitment to putting The 9/11 terrorists are a case in point. Two of ance Program (SCAAP) to whether recipient cops in the streets in the 1990’s help reduce the 19 hijackers on September 11, 2001, ran jurisdictions are complying with the federal violent crime over the last decade. According afoul of police months and days before the at- prohibition on sanctuary policies (8 U.S.C. to the General Accountability Office ‘‘C.O.P.S. tack. §§1373 and 1644). The amendment would funded increases in sworn officers per capita Mohammed Atta was ticketed in Broward have given priority in SCAAP funding to those were associated with the declines in rates of County Florida in the Spring of 2001 for driv- communities that are cooperating with federal total index crimes, violent crimes, and property ing without a license. Atta was in the U.S. on immigration officials in deporting illegal immi- crimes.’’ The same GAO study showed that an expired Visa and was in the U.S. illegally. grants, rather than State or local governments between the years of 1998 and 2000, If the local or state police had looked into that have sanctuary policies and simply re- C.O.P.S. hiring grants were responsible for re- Atta’s immigration status, the leader of the 9/ ducing crime by about 200,000 to 225,000 in- 11 attacks would have been departed 5 lease criminal aliens back onto U.S. streets. My amendment says if you expect to get cidents—one third of which were violent. months before the attacks took place. In addition, of the 48 Al Qaeda operatives federal money for incarcerating illegal immi- Across the state of New Jersey, approximately who operated in the U.S. between 1993–2001, grants you must also report them to federal 4,790 officers were hired by local police de- including the 9/11 hijackers, almost half were immigration authorities so that they can be departments using C.O.P.S. funds. This meant illegal aliens. Sadly, jurisdictions with sanc- ported, rather than being released back on to an additional 628 police officers and sheriff tuary policies would not only prohibit their ap- U.S. streets. If a community cannot live by this deputies walking the beat in the local commu- prehension, it would also prohibit the police policy, it is only right that they not get a tax- nities of my Congressional District. Further, 33 from informing federal officials of their immi- payer subsidy. school resource officers were hired to ensure gration status so that they could commence What’s amazing is how much money sanc- that our children’s schools are safe. The com- deportation proceedings. Three of the Fort Dix tuary cities are raking in from the Federal mittee’s increase in funding for this program Six—the men who tried to pull off a terrorist Government. During fiscal 2005, the Justice for Fiscal Year 2008 is a welcome change incident at Ft. Dix, NJ—were pulled over by Department distributed $287.1 million in from recent years, but I hope it will only be a local police for traffic violations. Three of these SCAAP payments to 752 state, county and down payment on much larger increases to individuals had run-ins with police 75 times, local jurisdictions. Seventy percent of SCAAP come. Ideally, we should return to the kind of but no one ever checked their immigration sta- funds went to just 10 jurisdictions: the states funding levels that gave us the kind of nation- tus. They were all in the U.S. illegally. The ju- of California, New York, Texas, Florida, Ari- wide police presence we enjoyed in the last risdiction in which they were charged sup- zona, Illinois and Massachusetts; New York decade. posedly had a sanctuary policy ... which ex- City; and two California counties, Los Angeles I am pleased that the committee has pro- plains why they were never reported to federal and Orange. vided a robust increase for the Edward Byrne immigration officials. Many of the largest recipients of SCAAP Memorial Justice Assistance Grants Program We cannot fool ourselves into thinking that funds are sanctuary cities that refuse to co- by more than $80 million over the Fiscal Year terrorists do not know about these sanctuary operate with Federal authorities on immigra- 2007 level to $600 million. These grants are jurisdictions... so harboring illegal aliens cre- tion enforcement. Some of the largest sanc- vital to our local communities—they help local ates an environment where terrorists can eas- tuary cities and counties that received SCAAP law enforcement organizations get the support ily hide and not be found out. I want to be money in 2005 include New York City, Los they need to combat violent crime, particular clear that I do not believe that all illegal immi- Angeles, San Francisco, San Diego, Houston, gangs and drug-related criminal activity. grants are terrorists. Very, very’ few illegal im- and Seattle. In the area of science funding, the bill pro- migrants are terrorists. But those few who are It seems as if we did not learn anything vides for much needed increases in the overall terrorists can kill thousands of innocent Ameri- from 9/11 about the need to treat illegal immi- budget of the National Science Foundation, cans, as only 19 did on September 11, 2001. gration seriously and recognize that the failure and for science education funding. Recent his- Obviously, the COPS program adds to our to enforce our immigration laws can endanger tory has shown that when the federal govern- arsenal in combating crime by increasing the our national security? ment invests in science programs and edu- number of police in our communities. But Some of America’s most important cities are cation, our Nation as a whole benefits. funding increased police presence while at the sanctuary even though it is prohibited under When funding for the National Institutes of same time not reporting known illegal immi- Federal law. And it is time that the Federal Health was doubled during the previous dec- grants to federal authorities, as is the policy of Government stops turning a blind eye to sanc- ade, many students recognized the oppor- jurisdictions with sanctuary laws, is contradic- tuary cities. If a community chooses to be a tunity and acted accordingly. Federal seed tory and self-defeating. If we simply allowed sanctuary, they should no longer expect to re- money fostered high-income, highly desirable our law enforcement officers to follow Federal ceive the largess of taxpayers from across this jobs and entrepreneurial companies that lead law by requiring them to inform immigration of- country. the 21st century economy. Their innovations ficials of violations of immigration laws, we Once again, I am disappointed that the have made the U.S. the global leader in the would likely need fewer police officers to en- Democrat majority would not permit these life sciences and biotechnology. force our laws. amendments to be considered for all up or Earlier this year, I led more than 80 of my Why would we need fewer officers? Be- down vote. However, I will continue to work to colleagues in an appeal to this committee that cause requiring local jurisdictions to cooperate address this serious national security concern. it increase overall funding for the NSF as well

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8673 as education-specific funding. I’m pleased that Mr. MOLLOHAN. Mr. Chairman, I Mr. LEWIS of California. Madam the committee responded by increasing NSF move that the Committee do now rise Speaker, the motion I have at the desk funding to $6.509 billion, $80 million over our and report the bill back to the House is a motion to recommit to recognize collective request, as well as adding $72 mil- with sundry amendments, with the rec- the fact that right now this country lion specifically for science education funding. ommendation that the amendments be faces a crisis on its borders. I want to thank the chairman of the full com- agreed to and that the bill, as amend- Illegal immigration not only affects mittee, Mr. OBEY, and the subcommittee chaired, do pass. those of us who represent States on the man, Mr. MOLLOHAN, for demonstrating a com- The motion was agreed to. border, it is a pervasive problem across mitment to make meaningful investments in Accordingly, the Committee rose; the country. The Homeland Security the NSF’s physical sciences and engineering and the Speaker pro tempore (Mrs. Appropriations bill that passed the programs. TAUSCHER) having assumed the chair, House earlier this summer included Finally, the Commerce Department portion Mr. SNYDER, Chairman of the Com- significant increases for more Border of this bill provides badly needed additional mittee of the Whole House on the state Patrol agents and other border protec- funding to address perhaps the greatest threat of the Union, reported that that Com- tion efforts. to our collective future—global climate change. mittee, having had under consideration b 1700 The committee has added $171 million over the bill (H.R. 3093) making appropria- the President’s request to help fund a number tions for the Departments of Commerce The homeland security bill rep- of key climate change initiatives, including a and Justice, and Science, and Related resents an important piece of our im- comprehensive study of the problem, as well Agencies for the fiscal year ending Sep- migration enforcement system, but it as changes to National Polar-Orbiting Oper- tember 30, 2008, and for other purposes, does not fund all of it. It is this bill ational Environmental Satellite System he reported the bill back to the House that funds prosecution and incarcer- (NPOESS) program to ensure that critical cli- with sundry amendments, with the rec- ation of the most violent criminal mate monitoring sensors are added onto fu- ommendation that the amendments be aliens, such as drug dealers, human ture NPOESS platforms. It is vital to both our agreed to and that the bill, as amend- traffickers and gang members. It is economic and our national security that we ed, do pass. this bill that provides critical assist- take whatever measures are necessary to The SPEAKER pro tempore. Under ance to State and local law enforce- gain a comprehensive understanding of the House Resolution 562, the previous ment agencies that are on the front mechanisms that drive global warming so that question is ordered. lines of the immigration problem. we can implement the full range of measures Is a separate vote demanded on any As we increase our border enforce- necessary to combat it. amendment reported from the Com- ment efforts in the Department of Mr. Chairman, I commend the committee for mittee of the Whole? Homeland Security, we must make bringing us a bill that reflects the priorities of sure that the Department of Justice the American people, and I urge my col- PARLIAMENTARY INQUIRY has the funds it needs to fully pros- leagues to vote for it. Mr. MANZULLO. Madam Speaker, Mr. SHULER. Mr. Chairman, I rise today in parliamentary inquiry. ecute and incarcerate all of the crimi- strong opposition to the amendment put for- The SPEAKER pro tempore. The gen- nal aliens arrested by the Border Pa- ward by the gentleman from Arizona. tleman may state his parliamentary trol and Immigration and Customs En- We should not be reducing the funding for inquiry. forcement. In addition, until the Fed- the National Textile Center. Our national eco- Mr. MANZULLO. Is it appropriate at eral Government is able to secure its nomic prosperity has grown from the formi- this time to ask for a re-vote on each borders, we must provide our local gov- dable work ethic of the American people and and every amendment just voted on? ernments with sufficient resources to vigorous investment in all areas of science The SPEAKER pro tempore. The reimburse them while they protect our and technology. We must not lose the sci- Chair has just queried on that matter. communities. entific commitment which has brought our Na- Mr. MANZULLO. Thank you. Because my colleague from Cali- tion so far and can help us go so much fur- The SPEAKER pro tempore. If not, fornia, DAVID DREIER, former chairman ther. the Chair will put them en gros. of our Rules Committee, has been most The National Textile Center conducts ad- The amendments were agreed to. involved in this issue and is on the vanced research work with life-saving applica- The SPEAKER pro tempore. The point of our attempting to find a solutions. Some examples include the use of question is on the engrossment and tion in California, I yield the balance third reading of the bill. micro-technologies to develop heart stents, of my time to Mr. DREIER to round out The bill was ordered to be engrossed and three-dimensional weaving techniques to this discussion. and read a third time, and was read the produce life-saving armor. Beneficiaries of the Mr. DREIER. Madam Speaker, I third time. National Textile Center’s work include fire- thank my friend for yielding. fighters, police officers and soldiers who re- MOTION TO RECOMMIT OFFERED BY MR. LEWIS Let me just say that in the 109th OF CALIFORNIA quire protective clothing that allows them to Congress, Mr. LEWIS and I joined to- Mr. LEWIS of California. Madam carry out their dangerous jobs. I am proud to gether to offer an amendment to the have several companies in my district includ- Speaker, I offer a motion to recommit. The SPEAKER pro tempore. Is the Violence Against Women Act which ac- ing 3Tex and FirstChoice Armor who are tually authorized a level of $950 million working closely with the National Textile Cen- gentleman opposed to the bill? Mr. LEWIS of California. I am in its for the reimbursement to the States ter to produce the next generation of life-sav- for the incarceration of illegal immi- ing textile products. present form. The SPEAKER pro tempore. The grant felons. At that time, Madam The research conducted by the National Speaker, 414 Members of this House Textile Center is also advancing our under- Clerk will report the motion to recommit. voted in support of that bill. Just yes- standing of more efficient textile manufac- terday, 338 Members voted in favor of turing. New developments spearheaded by the The Clerk read as follows: Mr. LEWIS of California moves to recom- the amendment that we offered which National Textile Center help make our indus- had an increase to a level of $460 mil- trial processes more effective and help ensure mit the bill, H.R. 3093, to the Committee on Appropriations with instructions to report lion total for the issue of the State we remain competitive in the international the same back to the House promptly with a Criminal Alien Assistance Program. It arena. deficit neutral amendment to provide: is literally a drop in the bucket. Even I urge my colleagues to vote against this (1) additional funding for Department of with this new level, State and local amendment and maintain our national commit- Justice immigration law enforcement capa- governments will, Madam Speaker, ment to investments in science and tech- bilities (including investigative, prosecu- only receive 10 cents on the dollar that nology that provide real benefits to American torial and incarceration programs); and workers and real solutions for the greater (2) funding for the State Criminal Alien they expend for the incarceration of good. Assistance Program at the level authorized people who are in this country illegally The CHAIRMAN. The Clerk will read. pursuant to section 1196 of Public Law 109– and commit crimes. The Clerk read as follows: 162. I believe that it is absolutely essen- This Act may be cited as the ‘‘Commerce, The SPEAKER pro tempore. The gen- tial, if we’re going to allow State and Justice, Science, and Related Agencies Ap- tleman from California is recognized local governments to work on the very, propriations Act, 2008’’. for 5 minutes. very important crime problem that

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8674 CONGRESSIONAL RECORD — HOUSE July 26, 2007 they have, that we should step up to that is for funding for law enforcement The SPEAKER pro tempore. The the plate and take on the responsi- above last year’s levels. question is on the motion to recommit. bility that only the Federal Govern- The other provision of this motion to The question was taken; and the ment can address, and that is the secu- recommit would fund the State Crimi- Speaker pro tempore announced that rity of our Nation’s borders. nal Alien Assistance Program at the the noes appeared to have it. Madam Speaker, any Member who level authorized. Let me just suggest votes against this motion to recommit that the State Criminal Alien Assist- RECORDED VOTE is, in fact, voting to not provide reim- ance Program is a privileged account Mr. DREIER. Madam Speaker, I de- bursement to State and local govern- in this bill. We began funding through mand a recorded vote. ments for this onerous responsibility subcommittee at $375 million. In full A recorded vote was ordered. which we have thrust upon them by committee, it increased to $405 million. virtue of the fact that we are not se- On the floor, this program was again The SPEAKER pro tempore. Pursu- curing our Nation’s borders. increased now to $460 million. It is cer- ant to clause 9 of rule XX, the Chair Vote to support the motion to recom- tainly getting its fair share of funding will reduce to 5 minutes the minimum mit that Mr. LEWIS is offering here so relative to other accounts in the bill. time for any electronic vote on the that we will have a chance to provide Indeed, if this motion to recommit question of passage. that very, very important support for were passed and were acted upon, we The vote was taken by electronic de- State and local governments and the would have to go back and cut State vice, and there were—ayes 209, noes 215, security for the constituents who we and local law enforcement, FBI, DEA, not voting 8, as follows: represent. and meth programs. We would have to Mr. LEWIS of California. Madam cut law enforcement funding that puts [Roll No. 743] Speaker, reclaiming my time, and I police on the streets, that hires addi- AYES—209 won’t use any more time, I appreciate tional FBI agents, additional DEA Aderholt Frelinghuysen Moran (KS) very much Mr. DREIER’s assistance in agents, and funds meth programs. Akin Gallegly Murphy, Patrick this matter. I urge very strongly that If we approve this motion to recom- Alexander Garrett (NJ) Murphy, Tim all Members vote ‘‘aye’’ on this motion mit, we would really have to go back Altmire Gerlach Musgrave Bachmann Giffords Neugebauer to recommit. and cut all of that funding. Bachus Gilchrest Nunes Madam Speaker, I yield back my Madam Speaker, I yield to the gen- Baker Gillibrand Paul time. tlewoman from California (Ms. ZOE Barrett (SC) Gillmor Pearce Barrow Gingrey Pence Mr. MOLLOHAN. Madam Speaker, I OFGREN L ). Bartlett (MD) Gohmert Peterson (PA) rise in opposition to the motion. Ms. ZOE LOFGREN of California. Barton (TX) Goode Petri The SPEAKER pro tempore. The gen- Madam Speaker, I concur with the sug- Biggert Goodlatte Pickering tleman from West Virginia is recog- gestion that this motion to recommit Bilbray Granger Pitts nized for 5 minutes. Bilirakis Graves Platts be defeated. Bishop (UT) Hall (TX) Poe Mr. MOLLOHAN. Madam Speaker, I As the author of the amendment yes- Blackburn Hastert Porter rise in opposition to the motion to re- terday to increase SCAAP funding by Blunt Hastings (WA) Price (GA) commit. If I heard the gentleman from Boehner Hayes Pryce (OH) $55 million, I can certainly not be Bonner Heller California correctly, I believe he Putnam counted as someone who does not sup- Bono Hensarling Radanovich misspoke and said that he encouraged port funding for State and local alien Boozman Herger Ramstad a vote against the motion to recommit. incarceration programs. Boren Hill Regula Boustany Hobson Rehberg Of course he’s not against the motion On the other hand, we had offsets for Brady (TX) Hoekstra to recommit, but if he were, that would Reichert our amendment yesterday, $55 million Broun (GA) Hulshof Renzi be the only place that I agree with him in offsets, and if I had found additional Brown (SC) Inglis (SC) Reynolds on this amendment. Brown-Waite, Issa Rogers (AL) offsets that didn’t adversely impact the Ginny Jindal Obviously this is a killer amendment. Drug Enforcement Agency or the FBI Rogers (KY) Buchanan Johnson (IL) Rogers (MI) Burgess Johnson, Sam This is the ‘‘I got you’’ amendment. It or the COPS program or the National Rohrabacher Burton (IN) Jones (NC) provides for promptly returning the Science Foundation, I would have sug- Roskam Buyer Jordan Royce bill back to the House. That means gested an even bigger amount. I Calvert Kagen Ryan (WI) that the bill will not pass today on the couldn’t find those offsets. Camp (MI) Keller Sali Campbell (CA) King (IA) Floor. That’s the ‘‘got you’’ part of Mr. HOYER. Madam Speaker, will Saxton Cannon King (NY) each one of these motions to recommit. the gentleman yield? Schmidt Cantor Kingston Sensenbrenner It means we wouldn’t be able to pass Mr. MOLLOHAN. I yield to the gen- Capito Kirk Sessions the bill here today. tleman from Maryland. Carney Kline (MN) Shadegg Carter Knollenberg Additionally, the amendment asks Mr. HOYER. Madam Speaker, this is Shays for additional funding for the Depart- Castle Kuhl (NY) not about substance. This is about kill- Chabot Lamborn Shimkus ment of Justice immigration law ening this bill. The gentleman will say it Coble Lampson Shuler forcement capabilities. We just had a comes back promptly. It doesn’t come Cole (OK) Latham Shuster Conaway LaTourette Simpson number of amendments proposing back promptly. Smith (NE) 1 Crenshaw Lewis (CA) across-the-board cuts during this pro- We spent 14 ⁄2 hours trying to get Culberson Lewis (KY) Smith (NJ) ceeding. Many of their supporters have money to law enforcement, immigra- Davis (KY) Linder Smith (TX) argued that there’s too much money in Davis, David LoBiondo Souder tion enforcement and all the other ob- Stearns these bills and in these accounts. We’re Davis, Tom Lucas jects in law enforcement, first respond- Deal (GA) Lungren, Daniel Sullivan funding this bill substantially above ers, in this bill. This is about killing Dent E. Tancredo the President’s request, $3.2 billion this bill. This is about delay. This is Donnelly Mack Terry above last year and $2.3 billion above about politics, trying to give some of Doolittle Manzullo Thornberry Drake Marchant Tiahrt the President’s request. our people a bad vote. Dreier Marshall Tiberi It would always be good to have addi- Vote this motion down because it is Duncan McCarthy (CA) Turner tional funding in law enforcement, but not real. It is not for substance sake. It Ehlers McCaul (TX) Upton Walberg we’re proud of how robustly we are is not for the objective as it is articu- Ellsworth McCotter Emerson McCrery Walden (OR) funding law enforcement, and particu- lated in the amendment. It is designed English (PA) McHenry Walsh (NY) larly for State and local law enforce- to fail. Reject this chicanery on this Everett McHugh Wamp ment, which is $1.7 billion above the floor. Vote ‘‘no.’’ Fallin McKeon Weldon (FL) Feeney McMorris Weller President’s request. Those funds help The SPEAKER pro tempore. All time Ferguson Rodgers Westmoreland with the local law enforcement, includ- has expired. Flake McNerney Whitfield ing prosecutorial, incarceration pro- Without objection, the previous ques- Forbes Mica Wicker grams, and many others across the tion is ordered on the motion to recom- Fortenberry Miller (FL) Wilson (NM) Fossella Miller (MI) Wilson (SC) board. While this bill is well in excess mit. Foxx Miller, Gary Wolf of the President’s request, much of There was no objection. Franks (AZ) Mitchell Young (FL)

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8675 NOES—215 The SPEAKER pro tempore. The Udall (CO) Wasserman Wexler Udall (NM) Schultz Wilson (NM) Abercrombie Gutierrez Ortiz question is on the passage of the bill. Upton Waters Wilson (OH) Ackerman Hall (NY) Pallone Under clause 10 of rule XX, the yeas Van Hollen Watson Wolf Allen Hare Pascrell ´ Watt Andrews Harman and nays are ordered. Velazquez Woolsey Pastor Waxman Arcuri Hastings (FL) This will be a 5-minute vote. Visclosky Wu Payne Weiner Baca Herseth Sandlin Walden (OR) Wynn Perlmutter The vote was taken by electronic de- Welch (VT) Baird Higgins Walsh (NY) Yarmuth Peterson (MN) vice, and there were—yeas 281, nays Weldon (FL) Baldwin Hinchey Walz (MN) Young (FL) Pomeroy Weller Bean Hinojosa Price (NC) 142, not voting 9, as follows: Becerra Hirono Rahall [Roll No. 744] NAYS—142 Berkley Hodes Rangel YEAS—281 Berman Holden Reyes Akin Fossella Moran (KS) Berry Holt Rodriguez Abercrombie Fortenberry Meek (FL) Alexander Foxx Musgrave Bishop (GA) Honda Ros-Lehtinen Ackerman Frank (MA) Meeks (NY) Bachmann Franks (AZ) Myrick Bishop (NY) Hooley Ross Aderholt Frelinghuysen Melancon Bachus Gallegly Neugebauer Blumenauer Hoyer Rothman Allen Gerlach Miller (MI) Baker Garrett (NJ) Nunes Boswell Inslee Roybal-Allard Altmire Giffords Miller (NC) Barrett (SC) Gillmor Paul Boucher Israel Ruppersberger Andrews Gilchrest Miller, George Bartlett (MD) Gingrey Pearce Boyd (FL) Jackson (IL) Rush Arcuri Gillibrand Mitchell Barton (TX) Gohmert Pence Boyda (KS) Jackson-Lee Ryan (OH) Baca Gonzalez Mollohan Biggert Goodlatte Peterson (PA) Brady (PA) (TX) Salazar Baird Goode Moore (KS) Bilbray Granger Petri Braley (IA) Jefferson Sa´ nchez, Linda Baldwin Gordon Moore (WI) Bishop (UT) Graves Pickering Brown, Corrine Johnson (GA) T. Barrow Green, Al Moran (VA) Blackburn Hastert Pitts Butterfield Johnson, E. B. Sanchez, Loretta Bean Green, Gene Murphy (CT) Blunt Hastings (WA) Price (GA) Capps Jones (OH) Sarbanes Becerra Grijalva Murphy, Patrick Boehner Heller Putnam Bonner Hensarling Capuano Kanjorski Schakowsky Berkley Gutierrez Murphy, Tim Radanovich Boozman Herger Cardoza Kaptur Schiff Berman Hall (NY) Murtha Rehberg Boustany Hoekstra Carnahan Kennedy Schwartz Berry Hall (TX) Nadler Reynolds Brady (TX) Hulshof Carson Kildee Scott (GA) Bilirakis Hare Napolitano Rogers (AL) Castor Kilpatrick Broun (GA) Inglis (SC) Scott (VA) Bishop (GA) Harman Neal (MA) Rohrabacher Chandler Kind Brown (SC) Issa Serrano Bishop (NY) Hastings (FL) Oberstar Ros-Lehtinen Clay Klein (FL) Buchanan Jindal Sestak Blumenauer Hayes Obey Roskam Cleaver Kucinich Burgess Johnson, Sam Shea-Porter Bono Herseth Sandlin Olver Royce Clyburn Langevin Burton (IN) Jordan Sherman Boren Higgins Ortiz Ryan (WI) Cohen Lantos Boswell Hill Pallone Buyer King (IA) Sires Sali Conyers Larsen (WA) Boucher Hinchey Pascrell Calvert King (NY) Skelton Schmidt Cooper Larson (CT) Boyd (FL) Hinojosa Pastor Camp (MI) Kingston Slaughter Sensenbrenner Costa Lee Boyda (KS) Hirono Payne Campbell (CA) Kline (MN) Smith (WA) Sessions Costello Levin Brady (PA) Hobson Perlmutter Cannon Knollenberg Snyder Shadegg Courtney Lewis (GA) Braley (IA) Hodes Peterson (MN) Cantor Kuhl (NY) Solis Shays Cramer Lipinski Brown, Corrine Holden Platts Carter Lamborn Space Shimkus Crowley Loebsack Brown-Waite, Holt Poe Castle Lewis (CA) Spratt Shuster Cuellar Lofgren, Zoe Ginny Honda Pomeroy Cole (OK) Lewis (KY) Stark Simpson Cummings Lowey Butterfield Hooley Porter Conaway Linder Stupak Davis (AL) Lynch Capito Hoyer Price (NC) Crenshaw Lucas Smith (NE) Sutton Davis (CA) Mahoney (FL) Capps Inslee Pryce (OH) Davis (KY) Lungren, Daniel Smith (TX) Tanner Davis (IL) Maloney (NY) Capuano Israel Rahall Davis, David E. Souder Tauscher Davis, Lincoln Markey Cardoza Jackson (IL) Ramstad Deal (GA) Mack Stearns Taylor DeFazio Matheson Carnahan Jackson-Lee Rangel Diaz-Balart, L. Manzullo Sullivan Thompson (CA) DeGette Matsui Carney (TX) Regula Diaz-Balart, M. Marchant Thornberry Thompson (MS) Delahunt McCarthy (NY) Carson Jefferson Reichert Doolittle McCarthy (CA) Tiahrt Tierney DeLauro McCollum (MN) Castor Johnson (GA) Renzi Drake McCaul (TX) Tiberi Diaz-Balart, L. McDermott Towns Chabot Johnson (IL) Reyes Dreier McCotter Turner Diaz-Balart, M. McGovern Udall (CO) Chandler Johnson, E. B. Rodriguez Duncan McCrery Walberg Dicks McIntyre Udall (NM) Clay Jones (NC) Rogers (KY) English (PA) McHenry Wamp Dingell McNulty Van Hollen Cleaver Jones (OH) Rogers (MI) Everett McKeon Westmoreland ´ Doggett Meek (FL) Velazquez Clyburn Kagen Ross Fallin Mica Whitfield Doyle Meeks (NY) Visclosky Coble Kanjorski Rothman Flake Miller (FL) Wicker Edwards Melancon Walz (MN) Cohen Kaptur Roybal-Allard Forbes Miller, Gary Wilson (SC) Ellison Miller (NC) Wasserman Conyers Keller Ruppersberger Emanuel Miller, George Schultz Cooper Kennedy Rush NOT VOTING—9 Waters Engel Mollohan Costa Kildee Ryan (OH) Clarke Hunter Michaud Watson Eshoo Moore (KS) Costello Kilpatrick Salazar Cubin LaHood Sherman Watt Etheridge Moore (WI) Courtney Kind Sa´ nchez, Linda Davis, Jo Ann McDermott Young (AK) Farr Moran (VA) Waxman Cramer Kirk T. Fattah Murphy (CT) Weiner Crowley Klein (FL) Sanchez, Loretta ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Filner Murtha Welch (VT) Cuellar Kucinich Sarbanes Frank (MA) Nadler Wexler Culberson Lampson Saxton The SPEAKER pro tempore (during Gonzalez Napolitano Wilson (OH) Cummings Langevin Schakowsky the vote). Members are advised there Gordon Neal (MA) Woolsey Davis (AL) Lantos Schiff Green, Al Oberstar Wu Davis (CA) Larsen (WA) Schwartz are less than 2 minutes remaining on Green, Gene Obey Wynn Davis (IL) Larson (CT) Scott (GA) this vote. Grijalva Olver Yarmuth Davis, Lincoln Latham Scott (VA) Davis, Tom LaTourette Serrano NOT VOTING—8 DeFazio Lee Sestak b 1734 Clarke Hunter Myrick DeGette Levin Shea-Porter Cubin LaHood Young (AK) Delahunt Lewis (GA) Shuler Ms. GINNY BROWN-WAITE of Flor- Davis, Jo Ann Michaud DeLauro Lipinski Sires ida changed her vote from ‘‘nay’’ to Dent LoBiondo Skelton Dicks Loebsack Slaughter ‘‘yea.’’ b 1726 Dingell Lofgren, Zoe Smith (NJ) So the bill was passed. Doggett Lowey Smith (WA) Mr. LAMPSON and Mr. HILL Donnelly Lynch Snyder The result of the vote was announced changed their vote from ‘‘no’’ to ‘‘aye.’’ Doyle Mahoney (FL) Solis as above recorded. So the motion to recommit was re- Edwards Maloney (NY) Space A motion to reconsider was laid on jected. Ehlers Markey Spratt Ellison Marshall Stark the table. The result of the vote was announced Ellsworth Matheson Stupak as above recorded. Emanuel Matsui Sutton Stated for: Mr. SHAYS. Mr. Chairman, on July 26, I Emerson McCarthy (NY) Tancredo Mr. MCDERMOTT. Mr. Speaker, I regret Engel McCollum (MN) Tanner was participating in a briefing on National Se- Eshoo McGovern Tauscher that I was unavoidably detained and missed curity and I missed the first vote. Etheridge McHugh Taylor rollcall 744, final passage of H.R. 3093, the I take my voting responsibility very seriously Farr McIntyre Terry FY08 Commerce, Justice, Science and Re- and would like the CONGRESSIONAL RECORD to Fattah McMorris Thompson (CA) lated Agencies Appropriations Act. Had I not Feeney Rodgers Thompson (MS) reflect that, had I been present, I would have Ferguson McNerney Tierney been detained, I would have voted in favor of voted ‘‘no’’ on recorded vote number 743. Filner McNulty Towns final passage.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 9920 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8676 CONGRESSIONAL RECORD — HOUSE July 26, 2007 PROVIDING FOR CONSIDERATION form of a motion to strike may be modified The 2007 farm bill builds on past suc- OF H.R. 2419, FARM, NUTRITION, to the form of a germane perfecting amend- cesses of Federal farm policy by pro- AND BIOENERGY ACT OF 2007 ment to the text originally proposed to be viding a reliable safety net for com- stricken. The original proponent of an modity crops, expanding access to con- Mr. CARDOZA. Mr. Speaker, by di- amendment included in such amendments en rection of the Committee on Rules, I bloc may insert a statement in the Congres- servation programs, increasing partici- call up House Resolution 574 and ask sional Record immediately before the dis- pation in domestic nutrition programs, for its immediate consideration. position of the amendments en bloc. and, perhaps most of all, most near to The Clerk read the resolution, as fol- SEC. 4. At the conclusion of consideration my heart, this bill dwarfs any previous lows: of the bill for amendment the Committee Federal investment in specialty crops, shall rise and report the bill, as amended, to H. RES. 574 which account for nearly 50 percent of the House with such further amendments as American agricultural production. Resolved, That at any time after the adop- may have been adopted. The previous ques- Chairman PETERSON, Ranking Mem- tion of this resolution the Speaker may, pur- tion shall be considered as ordered on the suant to clause 2(b) of rule XVIII, declare the bill and amendments thereto to final passage ber GOODLATTE, and the entire Agri- House resolved into the Committee of the without intervening motion except one mo- culture Committee were able to craft Whole House on the state of the Union for tion to recommit with or without instruc- an equitable, fiscally sound farm bill consideration of the bill (H.R. 2419) to pro- tions. that preserved the farm safety net vide for the continuation of agricultural pro- SEC. 5. During consideration in the House while including critical funding for im- grams through fiscal year 2012, and for other of H.R. 2419 pursuant to this resolution, not- portant new programs. purposes. The first reading of the bill shall withstanding the operation of the previous Furthermore, the 2007 farm bill con- be dispensed with. All points of order against question, the Chair may postpone further consideration of the bill are waived except tains unprecedented reforms to pay- consideration of the bill to such time as may ment limitations and crop insurance those arising under clause 9 or 10 of rule XXI. be designated by the Speaker. General debate shall be confined to the bill programs that will reduce waste, fraud, and the amendments considered as adopted The SPEAKER pro tempore (Mr. and abuse so often identified with the by this resolution and shall not exceed one TIERNEY). The gentleman from Cali- farm program. hour equally divided and controlled by the fornia is recognized for 1 hour. More importantly, this bill is com- chairman and ranking minority member of Mr. CARDOZA. Mr. Speaker, for the pletely paid for. During the past elec- the Committee on Agriculture. After general purpose of debate only, I yield the cus- tion, Democrats promised to live with- debate the bill shall be considered for tomary 30 minutes to the gentleman amendment under the five-minute rule. in our means like every household in from Washington (Mr. HASTINGS). All SEC. 2. (a) The amendment in the nature of America is forced to do and stop writ- a substitute recommended by the Committee time yielded during consideration of ing blank checks with reckless aban- on Agriculture now printed in the bill, modi- the rule is for debate only. don. We pledged to exercise spending fied by the amendments printed in part A of I yield myself such time as I may restraint to stop shouldering our Na- the report of the Committee on Rules accom- consume, and I ask unanimous consent tion’s needs on the backs of our chil- panying this resolution, shall be considered that all Members may have 5 legisla- dren and grandchildren. Mr. Speaker, I as adopted in the House and in the Com- tive days within which to revise and am proud to say that we were able to mittee of the Whole. The bill, as amended, extend their remarks on House Resolu- shall be considered as the original bill for do exactly that. the purpose of further amendment under the tion 574. You will hear a lot of talk from the five-minute rule and shall be considered as The SPEAKER pro tempore. Is there other side of the aisle about this bill read. All points of order against provisions objection to the request of the gen- raising taxes, but this is simply a scare in the bill, as amended, are waived. tleman from California? tactic in an attempt to score political (b) Notwithstanding clause 11 of rule There was no objection. points. This is completely untrue. XVIII, no further amendment to the bill, as Mr. CARDOZA. Mr. Speaker, House Let me set the record straight before amended, shall be in order except those Resolution 574 provides for consider- we even begin. This bill does not raise printed in part B of the report of the Com- ation of H.R. 2419, the Farm, Nutrition, mittee on Rules and amendments en bloc de- taxes. The 2007 farm bill closes tax scribed in section 3 of this resolution. and Bioenergy Act of 2007 under a loopholes that just 5 years ago the (c) Each further amendment printed in the structured rule. Bush administration and its own report of the Committee on Rules shall be The rule provides for 1 hour of gen- Treasury Department identified as tax considered only in the order printed in the eral debate equally divided and con- abuse. In a policy paper issued by the report, may be offered only by a Member des- trolled by the chairman and ranking Office of Tax Policy in May of 2002, the ignated in the report, shall be considered as minority member of the Committee on Bush administration identified how read, shall be debatable for the time speci- Agriculture. fied in the report equally divided and con- corporations headquartered in tax ha- trolled by the proponent and an opponent, The rule waives all points of order vens use this loophole, and a June 18, shall not be subject to amendment, and shall against the bill and its consideration 2002, New York Times article stated not be subject to a demand for division of the except for those arising under clause 9 that Republicans in Congress also question in the House or in the Committee of or clause 10 of rule XXI. thought that this tax loophole needed the Whole. The rule makes in order 31 amend- to be fixed. These are the facts. (d) All points of order against further ments. Lastly, Mr. Speaker, I must take a amendments printed in part B of the report Finally, the rule provides one motion of the Committee on Rules or amendments moment to thank Chairman PETERSON, en bloc described in section 3 of this resolu- to recommit with or without instruc- Speaker PELOSI, Leader HOYER, and the tion are waived except those arising under tions. entire leadership team for their tenac- clause 9 or 10 of rule XXI. Mr. Speaker, as the subcommittee ity and sincerity in creating a farm bill SEC. 3. It shall be in order at any time for chairman on the House Agriculture that we can all be proud of and stand the chairman of the Committee on Agri- Committee, and as a member of the behind. culture or his designee to offer amendments Rules Committee, I am pleased to offer Not everyone got everything they en bloc consisting of amendments printed in this progressive Federal farm policy wanted, and, frankly, they shouldn’t. part B of the report of the Committee on act for consideration today. Rules not earlier disposed of or germane The farm bill should never be a place to modifications of any such amendments. Over the past year, the Agriculture line up at the trough and recklessly Amendments en bloc offered pursuant to this Committee members have traveled suck up needed resources. In the end, section shall be considered as read (except across this country, from north to while people didn’t get everything they that modifications shall be reported), shall south, from east to west, hearing di- wanted, everyone got what they need- be debatable for 20 minutes equally divided rectly from farmers and ranchers about ed. That speaks volumes about the and controlled by the chairman and ranking the state of agriculture in our country. quality of this bill and tells me we minority member of the Committee on Agri- Across rural America we have heard ended up in exactly the right place. culture or their designees, shall not be sub- from farmers and ranchers from all I have never been more proud of a ject to amendment, and shall not be subject to a demand for division of the question in walks of life talking about the promise piece of legislation, Mr. Speaker, and I the House or in the Committee of the Whole. of American agriculture, the immeas- look forward to telling my constitu- For the purpose of inclusion in such amend- urable innovation and success and com- ents in the 18th District of California ments en bloc, an amendment printed in the mitment to sustainable farming. that the United States Congress has

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8677 accomplished what was thought to be hikes and fees just appeared at the hunger, but it represents real progress an impossible feat. I urge my col- Rules Committee this morning at 8 and real reform. leagues to support this rule and the un- a.m., with no one willing to testify I want to commend Chairman PETER- derlying legislation. about them or disclose the full impact SON and his colleagues on the com- Mr. Speaker, I reserve the balance of of these measures on our economy. And mittee for their hard work, but I also my time. we are talking about multi-billion dol- want to thank Speaker PELOSI and Congresswoman ROSA DELAURO, both b 1745 lar increases. Mr. Speaker, I also want to take this of whom have worked personally and Mr. HASTINGS of Washington. Mr. opportunity to express my disappoint- passionately with us over the last few Speaker, I want to thank the gen- ment that a bipartisan amendment I days to make improvements to the nu- tleman from California (Mr. CARDOZA) submitted to the Rules Committee trition programs in this bill. for yielding me the customary 30 min- with the support of Mr. MCNERNEY The bill before us begins to reverse utes, and I yield myself as much time from California, Mr. HOEKSTRA of some of the terrible damage done to as I may consume. Michigan, was not made in order to nutrition programs over the past sev- (Mr. HASTINGS of Washington asked help American asparagus growers. eral years. For too long, hungry people and was given permission to revise and Under the Andean Trade Preferences were an afterthought in this Congress. extend his remarks.) Act of 1991, the Congress gave Peru For too long, people on food stamps fell Mr. HASTINGS of Washington. Mr. duty-free access to the U.S. market on further and further behind as the Re- Speaker, the largest overall industry in a unilateral basis. This was done in the publican Congress searched high and my State is agriculture and food proc- hope that it would encourage the Peru- low for more ways to cut taxes for rich essing. I represent the central part of vians to develop alternatives to grow- people. Those days have come to an Washington State where a wide variety ing narcotic-producing crops. end, Mr. Speaker. of agriculture products are produced, Unfortunately, it led to a flood of Pe- It has not been easy to find funding including apples, cherries, pears, ruvian asparagus imports, which has for these vital programs, and here’s wheat, dairy hops, wine grapes and po- devastated the asparagus growers and why. Unlike the Republicans, we are tatoes, just to name a few. In addition, processors in my home State of Wash- actually paying for the bills we pass. It our farmers and ranchers are stewards ington, Michigan and in California. The would have been easy to put the cost of this bill on the national credit card. In- of the land, and many of them partici- U.S. International Trade Commission stead, the increases to the nutrition pate in conservation programs that fall has repeatedly cited U.S. asparagus as program in this bill are paid for in this under the farm bill. For these reasons, the one farm commodity substantially bill. That is an enormous and welcome my constituents have a lot at stake harmed by the Andean Trade Pref- when it comes to farm policy. development. erences Act. Further, the bill includes increased The Committee on Agriculture has My amendment would have simply guaranteed funding for the George historically worked in a bipartisan given the Secretary of Agriculture the manner, especially on such important McGovern-Robert Dole International option of providing transition pay- Food for Education and Child Nutrition issues as the farm bill. Just over a year ments to these growers. After all, ago, I was pleased that the Agriculture program. McGovern-Dole has a proven American asparagus growers were not track record of fighting hunger and Committee came to my district and harmed by their own actions, but rath- held a farm bill hearing in Yakima, in promoting education by providing er by government’s antidrug policies. meals to chronically hungry school-age my district. Mr. CARDOZA, now Chair- They should not have to pay the full man PETERSON and Ranking Member children in the world’s poorest coun- brunt of the price. tries. Where the McGovern-Dole pro- GOODLATTE were all there. I appreciate Unfortunately, the leadership of this their having traveled to my corner of gram is offered, enrollment and attend- House has decided that these growers ance rates increased significantly, es- the country to hear directly from the don’t deserve a place at the table. We farmers in central Washington. pecially for girls. Providing food at are poised to give billions away under school is a simple but effective method They heard firsthand the importance this bill, but the House leadership can’t of specialty crops, fruits and vegetables to get children into school, improve find time to help these small farmers literacy, and help break the cycle of to the overall ag economy. I’m pleased who were harmed by their own govern- that the underlying bill, the Farm, Nu- poverty. ment. These programs demonstrate Amer- trition and Bioenergy Act, as approved Mr. Speaker, the rule denies Mem- ica’s generosity and goodwill, and they by the committee, recognizes the needs bers the opportunity to represent their reflect our deepest moral values. They of specialty crop producers by increas- constituents by coming to the floor promote our national security, and ing investments in the Market Access and offering amendments to this bill. It they offer an alternative to children Program, the Specialty Crop Block prohibits a separate vote on whether or who otherwise might be recruited by Grant Program, the Fruit and Vege- not to include billions of dollars in tax groups that provide meals in return for table Snack Program, and establishes a increases, and it denies open debate on becoming child soldiers or for attend- much needed National Clean Plant Net- those issues. Therefore, I urge my col- ance at extremist schools that serve as work. These are all important steps in leagues to vote against this restrictive a breeding ground for hatred and vio- the right direction. rule. lence. Unfortunately, all of the good things Mr. Speaker, I reserve the balance of By making the funding guaranteed, in this bill and the spirit of bipartisan my time. we can stop the practice of beginning a cooperation were completely over- Mr. CARDOZA. Mr. Speaker, I yield school feeding program only to cut it turned by a last-minute addition of a 31⁄2 minutes to the gentleman from off when Congress doesn’t appropriate multi-billion dollar tax increase. This Massachusetts (Mr. MCGOVERN). enough money, because the only thing surprise offset is totally unacceptable Mr. MCGOVERN. I thank my col- more cruel than not feeding a hungry because it will cost American jobs, and league from California for yielding me child is feeding a hungry child for a it has completely bypassed the public the time and for his work on this legis- while and then stopping. process of discussions and hearings in lation. As I said, Mr. Speaker, the bill before the respective committees of jurisdic- Mr. Speaker, I rise in support of this us does not do as much as I would like. tion, and it has disrupted the tradition rule and in support of the underlying And I will keep fighting, through the of bipartisan cooperation on farm poli- legislation. amendment process and beyond, to in- cies. My colleagues, tonight millions of crease funding for hunger and nutrition I have many speakers, Mr. Speaker, people here in the United States and programs here at home and around the on my side who will be discussing the around the world, many of them chil- world. This is not the beginning of the impact of these surprise tax increases, dren, will go to bed hungry. They may end. It’s the end of the beginning. This again, that were not subject to hear- not be in this Chamber, but they must is a start. ings or markups by the appropriate remain in our thoughts. This bill does Mr. Speaker, hunger is a political committees. The full scope of these tax not go as far as I would like in tackling condition. We have the resources to

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8678 CONGRESSIONAL RECORD — HOUSE July 26, 2007 end hunger. What we need is the polit- Ms. MATSUI. Mr. Speaker, I rise Mr. HASTINGS of Washington. Mr. ical will. Let us rededicate ourselves to today in strong support of the rule we Speaker, I am pleased to yield 3 min- helping those who need help the most. are considering today. utes to the ranking member of the I urge my colleagues to join me in Mr. Speaker, the Farm, Nutrition, Budget Committee and a member of support of this bill. and Bioenergy Act of 2007 is an impor- the Ways and Means Committee, Mr. Mr. HASTINGS of Washington. Mr. tant bill that outlines the funding for RYAN of Wisconsin. Speaker, I am pleased to yield 2 min- our country’s agriculture policy, its Mr. RYAN of Wisconsin. I rise in op- utes to the ranking member of the conservation approaches and its nutri- position to this rule, Mr. Speaker, for Rules Committee, Mr. DREIER of Cali- tion programs. These initiatives touch many reasons. Number one, this has fornia. each of us in some way, whether we’re become common practice for the new (Mr. DREIER asked and was given from rural, suburban or urban dis- majority. But the farm bill reauthor- permission to revise and extend his re- tricts. The farm bill impacts all of us. ization calls for massive new entitle- marks.) I want to applaud Chairman PETER- ment spending, no serious reform, and Mr. DREIER. Mr. Speaker, I rise in SON, Ranking Member GOODLATTE and it makes a complete mockery of the strong opposition to this rule and to Speaker PELOSI for bringing forward PAYGO process. Number one, this is the previous question. this fine bill. not a fair rule. Let me just say that as I listened to My district is in one of the fastest An amendment that I offered on a bi- my friend from California talk about growing areas in California. Sac- partisan basis with Mr. BLUMENAUER the fact that he looks forward, at the ramento is also at the bottom of one of from Oregon to cap farm payments, end of this debate when he is success- the most farm-rich watersheds in the which was made an order in 2002, which ful, to telling his constituents in Cali- country. We are at the confluence of received 200 votes, was denied. fornia that the impossible has been two great rivers, the American and, b 1800 achieved, I have to say that he may or our namesake river, the Sacramento. may not be right at that point. As our population grows and as our So based on the lack of fairness on But I will tell you something that climate continues to change, our nat- this rule, I urge that it goes down. has been achieved with this, Mr. ural resources are impacted first. But what about the substance of this Speaker, and that is an end to biparti- Farmland is often the first to feel the bill? This bill extends farm commodity sanship when it has come to dealing effects of changing weather and cli- programs with no real reforms. At a with this issue of our farm policy. And mate patterns, and in the Sacramento time of record-high prices and pros- to me, that’s a very, very sad state- watershed the farmers are the stewards perity for many farmers, this extends ment when you look at people who’ve of the land. I’m ready to work with the commodity programs at 5 years been very committed to this bill, like local landowners to develop voluntary with no reform. The payment limit is a Bob Goodlatte, the former chairman of comprehensive conservation plans that sham. It has thin window-dressing pay- the committee, now the ranking mem- address present and future needs. ment limits on commodity programs ber who’s going to be speaking in just I want to thank Chairman PETERSON while actually removing the payment a few minutes, and you look at so for working with me to designate the limits on the marketing loan program. many others who because of the way Sacramento River watershed as a re- It has an anticompetitive tax increase this issue has been mishandled and be- gion of national priority in the rein here which will raise taxes on Amer- cause, in fact, there is in excess of a $10 gional water enhancement program. ican businesses that are owned by for- billion tax increase. This designation and the promise of fu- eign companies: Nestle, Case New Hol- Now, my friend in his opening re- ture funding will go a long way toward land, Chrysler. This will tax jobs out of marks said, don’t be fooled, don’t let developing the Sacramento River wa- America, and it increases entitlement them claim that this is a tax increase. tershed over the next 40 years. spending. Well, I know that we are dealing with Building on this designation, I look And the only reason this bill ends up so-called tax loopholes. That’s the way forward to convening a coordinating adding up on paper is because of a it’s described. But the fact of the mat- committee which will address the pres- bogus $4.7 billion timing shift. CBO has ter is, if you look at those, Mr. Speak- ervation of working lands and water already told us that this bill will spend er, who are impacted by this, great tax management within the watershed. $5 billion more than it pretends to ‘‘cheats’’ out there like Toyota, Our initial focus will be to build a spend simply out of the timing window Daimler Chrysler, Honda, the Bayer strong consensus on conservation and within which it spends. What that Corporation that makes the baby aspi- its value for our region. We have a means, Mr. Speaker, is on paper they rin that’s provided, these are people truly unique opportunity to shape the are showing savings. In reality and in who are ensuring that our consumers vision for the watershed from its incep- real life, they are spending over the have access to great products, and they tion. This will help ensure that we limit, and they are breaking the budget obviously are complying with the law. build upon solid local input as we de- by at least $5 billion. And now we somehow are demonizing velop this vision. And what is worse, Mr. Speaker, is all of these people, calling it closing Above the city of Sacramento, there this engages in the worst form of pro- tax loopholes when, in fact, what we’re are 500,000 acres of rice and 500,000 tectionism. This bill raises taxes on doing is we’re putting into place a dra- acres of specialty crops. My district is our taxpayers, raises prices on con- matic tax increase, not just to deal proof that the distance between urban sumers, and it does so at the expense of with the farm issue, Mr. Speaker, but and rural communities gets smaller people in the developing world. It hurts to deal with a wide range of programs every single day. people in the developing world from that are not related to farmers whatso- Our communities have different lifting their own lives up out of pov- ever. needs, but we share a common goal: to erty and despair. In fact, one person gave me a figure protect, preserve and enhance our way So while we had a chance to have a that only 11 cents of every dollar is ac- of life. I believe that preserving work- good, bipartisan farm bill that had re- tually being expended to help our farming lands can do just that. This should form, that brought the market reform ers. be an important priority for our entire to bear, that could have helped the Vote ‘‘no’’ on the previous question region. family farmer, we are saying no. and ‘‘no’’ on the rule. Finally, I applaud the chairman’s The farm bill ought to be about help- Mr. CARDOZA. Mr. Speaker, a short commitment in providing $1.6 billion ing the family farmer in tough times, response. to specialty crop producers. These not giving million-dollar checks to big I’d just like to say that if these folks funds are critical to the producers’ farmers, not giving checks out at good were complying with Federal and State daily operations. They will foster times. Unfortunately, that is what this law, why are they sending their re- progress in research, conservation, pest bill does in addition to the phony ceipts through Caribbean islands? and disease programs and nutrition. PAYGO and shifting of $4.7 billion Mr. Speaker, I yield 3 minutes to the I ask my colleagues to support this around like Enron accounting. gentlewoman from California (Ms. rule and final passage of the Farm, Nu- With that I urge a ‘‘no’’ vote on this MATSUI). trition, and Bioenergy Act of 2007. rule.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8679 Mr. CARDOZA. I would suggest that viding to the hardest-working family are going to do is put American jobs up the other side knows a lot about Enron farmers a lifeline when, through forces against American farmers. What kind accounting, Mr. Speaker. But we also that are completely beyond their con- of an outrage is that? made three substantive commodity cut trol, they need some assistance to stay This rule should be voted down. It is amendments in order: the Kind amend- in business. And, Mr. Speaker, that is totally unfair to American farmers and ment, the Udall amendment, and the an important component of this bill, ranchers to see a good, bipartisan farm Davis amendment. and I thank the Chair for including it. bill put at risk over a tax increase that Mr. Speaker, I would like to at this Mr. HASTINGS of Washington. Mr. will have a dramatic impact not only time yield 3 minutes to the gentleman Speaker, I yield myself 15 seconds. on the businesses that are subsidiaries from Vermont (Mr. WELCH). I have a letter in front of me from a of foreign-owned corporations pro- Mr. WELCH of Vermont. Mr. Speak- number of companies that are subsidi- viding millions of jobs here in the er, I thank the gentleman from Cali- aries of companies that are based United States, but also on the trust- fornia for his leadership on the Rules abroad, and they say in this letter to worthiness of investment in the United Committee and leadership on the Agri- oppose the tax increase and vote States when we begin violating 58 dif- culture Committee in helping us work against the rule on H.R. 2419. And one ferent treaties that we have negotiated through this. of the signatories of this letter is Ben with other countries, and then, the ul- I want to also thank the extraor- and Jerry’s Homemade from my timate, when those countries start re- dinary generosity, personal and polit- friend’s home State of Vermont. taliating against us, saying, if you vio- ical, with his time, Mr. PETERSON, who Mr. Speaker, I yield 3 minutes to the late a treaty, we certainly can, too, was extremely responsive to all the ranking member on the Committee on and affecting American investment concerns of the Members, and Mr. Agriculture, Mr. GOODLATTE. abroad. GOODLATTE for his excellent work on (Mr. GOODLATTE asked and was This is a very bad tax increase. It is this bill. given permission to revise and extend a tax increase, not a ‘‘closing the loop- Mr. Speaker, I support this rule. his remarks.) hole.’’ It is a very, very harmful one First of all, two things: One, this bill is Mr. GOODLATTE. Mr. Speaker, I and should be the basis for Members to a departure from the past farm bills, thank the gentleman for yielding. oppose this bill and bring the bill back and I will just give a few straight-out Mr. Speaker, this is a sad day for this appropriately. facts. One, commodity programs have Congress. Farm bills are written in a Mr. Speaker, I rise to express my opposition been cut 43 percent compared to what bipartisan fashion. And I appreciate to this rule. Apparently, the Speaker and the they were in the 2002 farm bill. Two, the comments of the gentleman from Chairwoman of the Rules Committee have de- conservation spending has been in- California and others, the gentleman cided to dispense with the annoying proce- creased 32 percent. Three, nutrition has from Vermont, about the hard work dures of the committee process and serious been increased 46 percent. So there is a that the House Agriculture Committee floor debate. The rule before the House be- clear change in emphasis. put into creating a bipartisan farm gins by limiting amendments to a select few, Second, there is in this rule 33 bill. There is a lot to like in it; there denying Members the right to offer amend- amendments that have been allowed to are things to dislike in it. ments. In living memory, there has never been be in order, including amendments that But this rule turns that bipartisan a rule this restrictive on a farm bill which is will allow this Congress to take further process on its head. It has poisoned the traditionally considered under an open rule. As a result, the provision requiring Davis- action, if it so chooses, on commodity well in terms of bringing this to fru- Bacon wage rates on the new loan guarantee reform. And that is done with the con- ition. It has made this farm bill, no program for the next generation ethanol plants sent and the approval of the Chair of matter its fate here today, unlikely to that would effectively eliminate the program in the Agriculture Committee. have any future beyond this House of many rural States will go unchallenged. Also So, Mr. Speaker, this bill clearly re- Representatives because of the tax in- immune from floor action, is a provision that flects the necessity for reform and bal- crease that has been placed in this leg- prohibits States from contracting private con- ance in the farm bill. And, number two, islation, because of the fact that Mem- cerns to help deliver food stamps or upgrade the rule clearly allows this body to bers who are accustomed to seeing an their delivery systems to provide better service have this as a first step and to consider open rule when dealing with the farm for recipients. The result is that State em- more dramatic reform. bill. ployee unions will be protected at the expense Finally, I want to address the MILC Historically no one can recall a farm of State taxpayers and those who need the program, or the milk program, that is bill process as closed as this one, Mem- program. These are only examples of issue of particular concern to dairy farmers bers denied the opportunity to deal after issue that Members will be denied the in Vermont. Our farmers in Vermont with provisions brought into this legis- right to address. are hanging on by their fingernails. A lation like labor provisions and so on, But then we come to the self-enacting por- year ago when milk prices were at not allowed to offer an amendment to tions of this rule. There is a 75-page amend- record lows, they also experienced hor- take out Davis-Bacon provisions that ment from the chairman of the Agriculture rible weather, high energy prices, high have no business being in farm bill leg- Committee that moves hundreds of millions of grain prices, and the folks who hung on islation. And it is, in my opinion, very dollars around, cuts programs passed by the did so against extraordinary odds. And disappointing. committee without consultation and adds new how they did that I will never know. Now, some have said that this is not programs from other jurisdictions that spend But I can tell you this, and I believe a tax increase, this is closing tax loop- huge sums of money. If you vote for this rule, what is true for us in Vermont is true holes. Businesses all across America that becomes a part of the bill without amend- for every State across this Nation: are speaking up and pointing out that ment. Local agriculture not only is essential this is sweeping tax reform that has re- Another self-enacting provision sweeps in to our economy, but it is essential to ceived no hearing. Here we are with an billions of dollars in offsets by raising fees and our environment. It is essential to our Agriculture Committee bill dealing royalties on off-shore oil production. Yet an- definition of who we are. And what we with something that should have been other spends nearly $1 billion for a mandatory must do in this bill that Mr. PETERSON dealt with in the Ways and Means Com- international feeding program. Finally, a more in the committee and Mr. GOODLATTE mittee, but was simply handed out and than $7 billion tax increase is automatically in his work begin to do is put an em- said, here, take this. Take this tax in- made a part of the bill. This tax increase phasis on local agriculture. Is it a be- crease as the pay-for for a substantial comes to the floor as if by magic. ‘‘It was not ginning? It is just the beginning be- cut in agricultural programs that the considered in ways & means where it would cause we have to do more in the com- Budget Committee did not address have been noted that the provision violates up modity program, in all of the farm properly. to 50 Senate-ratified international tax treaties policies that recognize that it is our We have been trying for months to that are the basis of international tax treatment family farmers who should be the in- get fair treatment on the promise that for all trade. tended folks that we are trying to help. we would be given an appropriate off- In fact, this tax increase idea has been We, in this farm bill, by preserving set. We reported the bill out of the bumping around for over a decade without re- the MILC program, are at least pro- committee, and now we find what we ceiving any appreciable support. Now the

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8680 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Democrats are trying to attach this bad idea to of the country, in Middle Atlantic It is one thing if you say there is a a popular bill in an unamendable form. Mem- States, in California. This is related to loophole that needs to be changed, but bers should be very careful not to rush to ac- healthy diets in this Nation, crops that I am amazed that members of my own cept this rule. The fate of thousands of com- are so crucial nationwide, from New committee are coming to this floor de- panies in our districts and more than 5 million England to California. fending a provision where they don’t U.S. workers will be jeopardized if we And with an agreement on the imple- know the answers on whether or not it thoughtlessly support this rule. mentation of mandatory country of or- is going to cost jobs in our districts. I have worked on the Agriculture Committee igin labeling, this bill represents a vic- Vote this rule down. since I first came to Congress and I have en- tory for consumers and a positive first b 1815 joyed being part of a committee that always step toward improving food safety in prided itself on a bipartisan legislative process. the United States. Mr. CARDOZA. Mr. Speaker, I yield 1 In all those years, I have never witnessed or Most importantly, we are addressing minute to the gentleman from North experienced a situation that discarded the a top priority: nutrition. The Food Dakota (Mr. POMEROY). Mr. POMEROY. I thank the gen- committee product to this extent or that pre- Stamp Program is one of the most effective programs to help low-income tleman for yielding. cluded the members of the committee and the I, frankly, find it astonishing that general Membership of the House from legis- Americans secure an adequate diet, to help children and families to reach we’re going to have people representing lating on major portions of the bill. farmers today that are going to be vot- Mr. Speaker, this rule puts in jeopardy every their full potential. This bill represents ing against a bill so important to rural Member’s right to legislate and every Mem- a real strategy to stop the erosion of America, a bill that enjoys the support ber’s ability to rely on the careful deliberations the food stamp benefits and actually of the farm bureau, the farmers union, of the committee process to produce fully vet- take us in the right direction, a long the commodity groups, so many vital ted legislation for floor consideration. When overdue improvement for our most vul- to the food production of our country. that process is violated, we end up with a rule nerable populations. And why? Because they’re worried like this one that was cobbled together in the Today food stamps are feeding 40 per- about these companies based in places dead of night and contains tax increases that cent of all rural children, yet the cur- put at risk millions of American jobs. There is rent benefit of approximately $1 per like Bermuda that want to take their only one response possible to a rule like this person per meal is appallingly inad- money earned in the United States, and that is to join me in voting this rule down. equate. This bill increases the min- route it through places like Switzer- Mr. CARDOZA. Mr. Speaker, I would imum standard deduction to $145 for land, and park it in the bank back in like to set the record straight. The 2008. It then indexes it to inflation. It those islands, those beautiful Carib- gentleman would like to say that this increases the maximum benefit. And bean islands where they don’t have is the first time we have had a struc- we are taking steps to improve benefits taxes. They would rather protect the tured rule. That is absolutely not the for working families with child care tax cheaters in Bermuda than help the case. costs, indexing to inflation the asset farmers in this country. And man, I In 1996, the farm bill that year, when limit, which has effectively barred would hate to go home and try to sell the Republicans were in charge, al- many poor households with modest that one, because if that’s not prior- lowed 16 amendments. It was a struc- savings from receiving any benefits a ities tipped on their head, I don’t know tured rule. This rule allows 31 amend- all. what is. ments. For many long years, we have failed It’s time for this body to do what’s Further, Mr. RYAN accused us of to meet our obligations, failed to act right and pass a farm bill so vital to busting the budget because of timing while too many Americans have gone rural America and the family farmers shifts. Let me just point out that the without adequate healthful food. Today in our country. 2002 farm bill had $2.6 billion in timing in the Congress we should take pride in Vote ‘‘yes’’ on this rule. shifts, and the 2006 budget resolution acting, finally, to improve domestic Mr. HASTINGS of Washington. Mr. had $1.5 billion in shifts, with a total of nutrition. Speaker, I am pleased to yield 1 minute $4.1 billion in timing shifts on their Let’s pass a responsible farm bill. I to the gentleman from Texas, a mem- watch. urge my colleagues to support the bill. ber of the Ways and Means Committee, Mr. Speaker, at this time I would Mr. HASTINGS of Washington. Mr. Mr. BRADY. like to yield 21⁄2 minutes to the chair- Speaker, I am pleased to yield 1 minute Mr. BRADY of Texas. Mr. Speaker, woman of the Appropriations Sub- to a classmate of mine, a member of this tax increase, however called, committee on Agriculture, Rural De- the Ways and Means Committee, Mr. ripped from the headlines, ‘‘Cayman Is- velopment, Food and Drug Administra- WELLER from Illinois. lands, tax cheats, tax dodgers, Carib- tion, and Related Agencies, the gentle- Mr. WELLER of Illinois. Mr. Speak- bean.’’ The only thing they didn’t work woman from Connecticut (Ms. er, I came to Washington this week in was Paris Hilton and Lindsay Lohan. DELAURO). with plans to vote for a bipartisan farm The fact of the matter is I had Ms. DELAURO. Mr. Speaker, this bill, a good bill that came out of com- planned to vote for this farm bill until year we fought to make sure Ameri- mittee. Lo and behold, I read that the this ‘‘dark night’’ tax increase. And cans do not just get more of the same Democrat leadership demanded that here’s the key. You hear them talk from this Congress for its agriculture the Ways and Means Committee come about 2002. The Treasury Department policy and the farm bill. And we should up with a tax increase to pay for ex- said ‘‘close the loophole.’’ There is a be proud of the results: genuine reform- pansions beyond for food stamps and reason they’re not talking about 2007, oriented legislation reflecting our new other programs. because since then, in the 5 years, this priorities. By closing a loophole that Well, look what they brought to the Congress closed those loopholes. The even this administration labeled tax floor: a tax increase on foreign-owned Treasury Department closed those abuse, we are stopping foreign-based U.S. manufacturers, foreign-owned U.S. loopholes. And that same Treasury De- tax dodgers and fulfilling some of this companies that are creating jobs in our partment they cite today says this is a bill’s most important obligations. districts. Mitsubishi’s North America tax increase that jeopardizes U.S. jobs, By sponsoring a marker farm bill for plant is in my district. BASF, Pin- cuts investment to this country, vio- the Northeast and Mid-Atlantic States, kerton. And you know what is inter- lates tax treaties, and keeps companies I sought to highlight our regions and, I esting is there are 235,000 jobs in Illi- from creating jobs in the United believe, serve the entire country. We nois, my State, that are generated by States. And it also punishes U.S. en- secured a major increase in conserva- foreign-owned companies. And you ergy companies for exploring in our tion support for programs like EQIP know what? The Ways and Means Com- deep waters and for honoring their Fed- and the Farm and Ranch Land Protec- mittee abdicated its responsibilities on eral contracts. tion Program, and we made sure that this provision. No hearings were held. This rule is a sham and deserves to there was a place in this bill for spe- No markup was held. No one knows the be voted down. cialty crops. consequences of this tax increase. That Mr. CARDOZA. Mr. Speaker, may I What are specialty crops? Fruits and is why this rule needs to be voted inquire as to how much time we have vegetables that are farmed in my part down. remaining?

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8681 The SPEAKER pro tempore. The gen- in the United States. And these aren’t when they need it, and so we can go tleman from California has 111⁄2 min- necessarily obscure businesses you’ve home and justify it to the American utes remaining. The gentleman from never heard about. The effect of this taxpayer. Washington has 151⁄4 minutes remain- provision may be on companies like Mr. HASTINGS of Washington. Mr. ing. DaimlerChrysler, Michelin Tires and Speaker, at this time I would like to Mr. CARDOZA. Would the gentleman Miller Brewing. And I say ‘‘may’’ be- insert into the RECORD a letter that I like to take some of his time at this cause we don’t really know. We’ve referenced earlier in which the signa- point? never had a hearing. We’ve never had ture to this letter is Ben and Jerry’s Mr. HASTINGS of Washington. Mr. testimony. It is part of the American Homemade, Inc. Speaker, I am pleased to yield 1 minute fabric that people have a chance to DEAR MEMBER OF CONGRESS: As U.S. sub- to the gentleman from Georgia, a speak about laws and provisions that sidiaries of companies based abroad, we are member of the Ways and Means Com- may affect them. There has been no writing to express our strong opposition to mittee, Mr. LINDER. voice given to the people that may be including Rep. Lloyd Doggett’s bill, H.R. 3160 Mr. LINDER. I thank the gentleman in the farm bill. This measure is a discrimi- affected by these rules, the 5 million natory tax targeted specifically at compa- for yielding. employees. nies insourcing jobs into the U.S. We urge In 1928, two gentlemen in Congress by So I think to unexpectedly change you to vote against the Rule on H.R. 2419 to the names of Smoot and Hawley draft- these rules for these employers with demonstrate that you oppose targeting com- ed a bill to reduce tariffs to broadly in- zero debate is a dangerous precedent, panies with significant employment in the crease markets, particularly for farm- and I will vote down the rule. United States. ers. And after 4 years, it became not a Mr. CARDOZA. Mr. Speaker, at this Companies like ours play an important tariff reduction bill, but a tariff in- time I yield 15 seconds to the gen- role in the growth and vitality of the U.S. crease bill. And all our trading part- economy, provide high-paying jobs for five tleman from Texas. million Americans and account for almost ners responded in kind, leaving us a Mr. DOGGETT. New York Times, one-fifth of all U.S. exports. Discriminatory dust bowl in the ‘‘Grapes of Wrath.’’ June 18, 2002. ‘‘There would be no effect measures, like the Doggett legislation, send If you don’t think they’re going to on legitimate multinational corpora- a hostile signal to our companies and other respond in kind to this, you’re nuts. tions like DaimlerChrysler that have international investors. This bill will cer- Toyota is not located in Barbados. not used a haven to avoid American tainly dissuade companies like ours from Honda is not located in the Caribbean taxes.’’ choosing the United States as a location for islands. These companies pay huge Yesterday, 2:41 p.m., letter from job creating investment. The provision under consideration would American taxers and hire millions and Unilever Global Affairs vice president. violate many of our bilateral tax treaties millions of our neighbors. They sell He says that his company, which owns and could lead to retaliatory actions by product in this country, they sell prod- Ben and Jerry’s, would not be affected other countries or withdrawal by our treaty uct for dollars. And the only value that by this bill. partners from exiting treaties, harshly af- dollar has for them is to spend it in a What we’ve heard is nonsense. It’s fecting U.S.-based businesses. dollar-denominated economy, and they not evidence. Claims, not evidence. Congress has not held any hearings on this spend in America and they buy compa- Mr. CARDOZA. Mr. Speaker, I yield 2 issue. There is no evidence that existing minutes to the gentleman from Wis- safeguards in current treaties are not effec- nies. tive. Further, if material tax abuses were If you don’t believe that this 4 to $6 consin (Mr. KIND). evident; Treasury Secretary Paulson would billion tax increase on foreign capital Mr. KIND. Mr. Speaker, I rise to in- not have strongly opposed this proposal. is going to cause a response, you’re form my colleagues of a Fair reform We urge you to vote against the Rule on simply not paying attention to history. amendment that I and others will offer H.R. 2419 and to demonstrate your opposition Vote this tax increase down. later in this debate. to discriminatory tax increases on compa- Mr. HASTINGS of Washington. Mr. For too long, our farm programs have nies that support employment in the United Speaker, I inquire of my friend from given billions of taxpayer subsidies to a States. California, we have a number of re- few, but very large and wealthy, enti- AEGON USA, Inc, Akzo Nobel, Alcatel- quests for time, and I’m not sure that ties. This has got to change. Our Fair Lucent, Alcon Holdings, Inc, Allianz of reform amendment will reform these America, BASF, Ben & Jerry’s Home- I have enough time. I wonder if the made, Inc., Honda North America, Inc, gentleman would entertain a chance to commodity programs so they act like a ING Americas, Inc, Panasonic Corpora- expand our time on both sides. true safety net. tion of North America, Suez Energy If the gentleman would, I would like Simply put, let’s help farmers when North America, Swiss Re, Thomson to ask unanimous consent that each they need it. Let’s not when they don’t. Corporation, Unilever. side get an additional 10 minutes. The committee bill before us, however, Mr. Speaker, I am pleased to yield 2 Mr. CARDOZA. I respect the gen- will continue to give taxpayer sub- minutes to the gentleman from Illinois tleman from Washington, but we will sidies to individuals with an adjusted (Mr. MANZULLO). have a significant amount of time in gross income of $1 million. It will spend Mr. MANZULLO. Mr. Speaker, I want the discussion of the bill in chief. $26 million in subsidies to commodity to thank the Rules Committee for al- Mr. HASTINGS of Washington. Mr. producers who are receiving at or near lowing debate on the Manzullo amend- Speaker, I would just communicate record commodity prices. ment to help the EQIP program. How- with my friend to at least keep his op- Our reform, however, will establish a ever, I’m deeply concerned about the tions open, if he wouldn’t mind, later real revenue-based safety net in case Democrats’ attempt to pit people who on and maybe we can revisit this. prices collapse. But the savings we find work for manufacturers against agri- With that, Mr. Speaker, I’m pleased in phasing out direct subsidy payments culture by a midnight tax increase to yield 1 minute to the gentleman we reinvest in rural America: $3 billion against manufacturing workers. from Michigan, a member of the Ways more for voluntary conservation pro- The offset to pay for part of the farm and Means Committee, Mr. CAMP. grams, $6 billion for nutrition pro- bill would strongly discourage future Mr. CAMP of Michigan. I thank the grams to combat hunger in this coun- foreign investment in the United gentleman for yielding. try, $2.6 billion for specialty crops and States. This rule will raise $7.5 billion in healthy foods programs, $200 million Nissan USA, owned by Nissan based taxes on U.S. employers. Higher taxes for rural development programs, $1.1 in Japan, borrows money from their fi- are just one consequence of today’s billion for McGovern-Dole, all of which nance unit based in the Netherlands. rule. It turns a blind eye to the 58 tax is paid for in this current farm bill. Under our current tax treaty with the treaties that have been negotiated by The opportunity for reform has never Netherlands, no tax is applied. How- this Nation since the 1950s. been better, given the strong market ever, under the Doggett amendment, a By ignoring those treaty obligations, prices that exist today. Our reform new 10 percent tax would be applied to that invites the retaliation other amendment is fair and completely jus- this transaction, and the Netherlands speakers have talked about. These are tifiable. would then most likely view this as an our friends and neighbors who work for I urge my colleagues to support real abrogation of our tax treaty and seek these employers, over 5 million of them reform so we can help family farmers renegotiation or outright annulment,

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8682 CONGRESSIONAL RECORD — HOUSE July 26, 2007 thus hurting our overall trade with the proud of. Last week, it went through and delivering modestly is a failure of Netherlands. committee with some very hard work political will. In the northern Illinois district that on both sides, both sides gave a little, I hope at least my colleagues will I represent, the one which led the Na- got a little, and we thought left the vote for the Fair amendment. And I tion in unemployment in 1980 at 25 per- committee with a great bipartisan bill, hope that the debate, as it proceeds, cent, 14,000 manufacturing workers lost a bill which would have Democrats and will be administered as fairly and as their jobs, 200 companies closed up. I Republicans for it, and perhaps Demo- openly as possible to allow as many just lost another one yesterday. Nissan crats and Republicans against it, but a voices to be heard as we can ask. Forklift in Marengo, Illinois, would be bipartisan bill. We were assured on Mr. HASTINGS of Washington. Mr. hit with a 10 percent increase. They’re every turn there would not be a tax in- Speaker, I certainly associate myself not based in Bermuda. crease. with my friend from Oregon’s remarks. These are common American people, I was a member of the bipartisan b 1830 the ones who get up at the crack of whip team on Tuesday and was told as We have different issues. But I think dawn. They represent the manufac- late as noon that there would be no tax the issue is exactly the same. turing people of this country, and the increases to pay for the $4 billion. I was With that, I yield 1 minute to my Democrats are hurting them. misled, and that’s unfortunate. friend from Louisiana (Mr. BOUSTANY). Don’t hurt my workers. Don’t raise All of the good bipartisan work ac- Mr. BOUSTANY. Mr. Speaker, first taxes on a bill you have had no hear- complished by this committee has been of all, I want to say, again, the Agri- ings on because you don’t know. You squandered by, I believe, the top lead- culture Committee worked in good have to examine what it does to the ev- ership of the Democratic Party in an faith and in a bipartisan way to come eryday worker. The Japanese, the attempt to strip Republican support up with a good product, a good bill. We English, the Italians, the Swedes, the for this bill away. We were going to all patted ourselves on the back. We Germans have all saved manufacturing have a bipartisan bill that was going to thought we had accomplished that. jobs in my congressional district. I pass this floor. We’re not going to have Now we see a tax provision that has know what I’m talking about. that now. been put into this at the last moment, Vote against this rule. Vote against I vote against this rule. It’s unfortu- a tax provision that has never been this bill. Vote for the American work- nate that the other side has seen fit to vetted. It is a complex tax provision er, who is glad to have his job because waste the good bipartisan work that we that abrogates treaties. Furthermore, somebody came in and invested the did. If we can’t trust what we tell each it is a tax provision that is going to money in American manufacturing. other, you cannot work in a bipartisan hurt the very companies that produce Don’t lay off American manufactur- manner. pesticides and fertilizers that are help- ers because of a bill that you haven’t Mr. CARDOZA. Mr. Speaker, I yield 2 ing our farmers. even researched. minutes to the gentleman from Oregon My farmers are trying to recover Mr. CARDOZA. Mr. Speaker, I yield (Mr. BLUMENAUER). from Hurricanes Rita and Katrina. 30 seconds to the gentleman from Geor- Mr. BLUMENAUER. I appreciate the This provision is going to hurt them. gia (Mr. SCOTT). gentleman’s courtesy and his hard This provision threatens this bill. Mr. SCOTT of Georgia. Mr. Speaker, work. Frankly, I am offended that we are if this House of Representatives wants I witnessed for several hours yester- here at this point in time. to stand up for the people of America, day the great challenges the Rules Furthermore, I had an amendment they will stand up and vote for this Committee faced, but I must confess that would have addressed a problem in rule and for this bill. that this rule puts a lot of us in a very the bill with the Food Stamp Program. We spent many hours, way into the difficult position. I am disappointed, to The States need adequate flexibility to midnight hours, working and bringing say the least. create efficiency so that we can take every party together. This is not a tax This is not just a farm bill; it’s the care of our neediest citizens. That increase; the other side knows it. Their most important rural economic devel- amendment was not allowed to go for- leader said these words President Bush opment bill, the most important trade ward in this debate. It certainly de- said in his 2008 budget: ‘‘Some foreign bill, the most important opportunity serves a full and open debate, as the companies are inappropriately avoid- to broaden the benefits for family previous speaker said. ing taxes that other American busi- farmers and ranchers, and the most im- Our States need this flexibility. It is nesses pay by using this loophole.’’ portant environmental bill that we will going to cost the State of Indiana over This is what the Republican President vote on this year. $100 million. Other States need this said. This is not raising taxes; it is Sadly, I will say at least that leader- flexibility as well. closing a loophole. Vote for the rule. ship did allow the amendment that I’m Mr. HASTINGS of Washington. Mr. Mr. HASTINGS of Washington. Mr. pleased to work with my friend, Mr. Speaker, I yield 1 minute to the gen- Speaker, I want to once again inquire KIND, Mr. FLAKE and Mr. RYAN, the tleman from Michigan (Mr. WALBERG). of my friend from California if we can Fair amendment, to at least be heard, Mr. WALBERG. Mr. Speaker, I rise in have extended time on this. I would but it’s only going to be heard for 20 strong opposition to this rule. For sev- ask unanimous consent for 5 additional minutes a side. They refused to allow eral months, the House Agriculture minutes on both sides. debate on specific areas of meaningful Committee worked in a bipartisan Mr. CARDOZA. We object, Mr. reform, like the legislation that I had manner to pass a bill that would make Speaker. proposed to cap at $250,000 an absolute historic investments in conservation, Mr. HASTINGS of Washington. Mr. limit. I think it’s a serious miscalcula- nutrition and renewable energy, while Speaker, I am disappointed that that tion. maintaining strong support for Amer- happened, because we have seen the This bill deserves to be fully and fair- ican farmers. The committee put aside passion on this side of people talking ly debated. Now, I almost said I fear partisan differences and worked to- about tax policy that has not had a that minority voices would be shut gether on a bill that meets the needs of hearing in the committees of jurisdic- out. But it’s not the minority of Amer- American farmers, without raising tion in both cases, and we are re- icans who share the views and objec- taxes. stricted to only 1 hour to talk about tives that it’s time for meaningful re- Today House leadership has brushed that, without any extension at all. form. Because of the complexity, the aside months of hard work by Repub- With that, Mr. Speaker, I would like misinformation and the powerful spe- licans and Democrats on the House Ag- to yield 1 minute to my friend from cial interests that are involved here, it riculture Committee and decided to in- Texas, a member of the Agriculture means that this shot that we have, our sert a 600 percent tax increase on man- Committee, Mr. CONAWAY. one shot for the next 5 years, is crit- ufacturers who employ 5.1 million Mr. CONAWAY. Mr. Speaker, for 18 ical. Americans workers and pay $325 billion months I’ve worked, along with my Sadly, there is always an excuse to in wages. Additionally, the anti- Democrat colleagues, to try to craft a not do all that we can do. Coddling cot- competitive Davis-Bacon provision in- bipartisan bill that we could be very ton multimillionaires while talking big cluded in this bill would drive up the

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8683 cost of building ethanol plants and disadvantage of loopholes in our tax codes There are others hiding in the shad- courage alternative energy production. that even the Bush administration and ows that know they have no justified Yet today, this rule does not allow the Treasury Department have said case. And they have some of their Members a vote on striking these pro- need to be plugged. friends out front, including one com- visions. Right now, governments Mr. Speaker, I urge my colleagues to pany that I read an e-mail from yester- throughout the world are cutting taxes support this rule. day saying they don’t like my bill, but for job traders to attract investment. Mr. HASTINGS of Washington. Mr. it doesn’t affect them a penny. That is The Democratic proposal will drive in- Speaker, I yield 1 minute to a member the people that own Ben and Jerry’s. vestment and jobs out of America and of the Agriculture Committee, the gen- Well, today the Administration may greatly diminish America’s competi- tleman from Nebraska (Mr. SMITH). be teaming up with those willing to tiveness. Mr. SMITH of Nebraska. Mr. Speak- kill this farm bill by defending these Mr. Speaker, for these reasons, I er, I am on the side of those who would foreign tax evaders, but that is not the strongly oppose this rule. like an open process. I am extremely tune they were singing 5 years ago Mr. HASTINGS of Washington. Mr. disappointed with this tax provision. It when in this Treasury report they said Speaker, I yield 1 minute to a former can be characterized however one ‘‘an appropriate, immediate response, member of the Rules Committee, the might wish to characterize it. But I am an immediate response, should address gentlewoman from Ohio (Ms. PRYCE). on the side of a process that is open, the U.S. tax advantages that are avail- Ms. PRYCE of Ohio. Mr. Speaker, where a tax provision has a hearing able to foreign-based companies be- just 2 days ago, the House was on track and gathers input from the general cause of their ability to reduce the U.S. to pass this year’s farm bill with a bi- population so that we can move for- corporate tax on income from their partisan vote. Then, in the eleventh ward with good policy. American operations.’’ As a representative of a heavily agri- hour, the Democratic leaders Mr. BRADY says Treasury did some- cultural district, I hope that we can blindsided America with the news of thing about it? They sat on their rear pass a farm bill that is good, sustain- how they were going to pay for this and didn’t do anything about it. And if bill: by putting 5.1 million American able policy. We are well on our way. As a member of the Agriculture Com- you need any proof of that, gentleman, jobs at risk. mittee, I was proud of the process. It turn to the President’s budget 5 This bill imposes massive tax in- was very polite. Actually, the com- months ago. He turned to this same creases on businesses, violates trade mittee process was very open. Then all source of revenue and all this job-kill- treaties, discourages investment in of a sudden we are blindsided, Mr. ing tax proposal you are talking about. America and weakens U.S. competi- Speaker, with this tax provision. How many jobs did his $2 billion pro- tiveness internationally. It costs good It is extremely disappointing to me, posal that he put out here 5 months manufacturing jobs. Mr. Speaker, and I hope that we can ago in February kill? Well, you haven’t For instance, in my district in Ohio, defeat this rule so that we can open up suggested there are any, because even Honda employs more than 16,000 Ohio- the process perhaps and move forward this President, President Bush, admits ans and has invested more than $6 bil- with good policy and a good, open proc- there is a problem here that needs to lion into my State. Its suppliers em- ess. be fixed, and this committee gets about ploy an additional 40,000 Ohioans. Tax Mr. CARDOZA. Mr. Speaker, I yield 3 fixing it. receipts from Honda provide revenue minutes to the gentleman from Texas You talk about jeopardizing 5 million for 53 Ohio cities and 43 school dis- (Mr. DOGGETT), a member of the Ways jobs. What a lot of nonsense. That is all tricts. Honda is by no means alone in and Means Committee. the jobs of all the foreign subsidiaries its contributions. U.S. subsidiaries in Mr. DOGGETT. Mr. Speaker, farm in the United States, the vast majority Ohio employ more than 200,000 Ohio- and ranch families deserve a safety net, of which are corporations that are not ans. and fiscal responsibility demands that touched by this proposal. Mr. Speaker, the Democrats have we pay for it. We pay for this farm bill, Your problem isn’t jobs. Your prob- shown their true colors again. We need every penny of it, and some of it is lem is you never met a tax loophole not sacrifice American manufacturing done by stopping one group of multi- you didn’t like. You never met a tax jobs for a strong American agricultural national corporations from dodging dodger you didn’t want to help. You economy. They can and should coexist. their United States tax liability. For have done a good job of doing it, and it Mr. CARDOZA. Mr. Speaker, I yield 1 too long they have enjoyed a free ride is time we fix that. minute to the gentleman from Wis- from these Republicans, at the expense I don’t know why it is that a farm consin (Mr. KAGEN). of other American taxpayers. It is and ranch family in High Hill, Texas, Mr. KAGEN. Mr. Speaker, this rule wrong, and we are putting a stop to it. or a drugstore on the main street of asks a very simple question of all of us: Our target is very narrow: No com- Bastrop, Texas, ought to have to pay Whose side are you on? Do you stand pany headquartered in the United higher relative taxes on their earnings with overseas corporations who exploit States of America will have its taxes than some multinational with a fancy American tax loopholes, or do you go up one penny, nor will it have any CPA and a law firm and a hideaway in stand with American farm families who significant impact on any foreign cor- Bermuda. pay their fair share every day? Whose poration with whom we have a tax It is wrong, and each of us must side are you on? treaty, as we do with most developed stand to choose between the two. Let me point out where I and my countries. Indeed, 90 percent of the rev- POINT OF ORDER Democratic colleagues stand: We stand enue, according to the nonpartisan Mr. PEARCE. Mr. Speaker, I have a with American farm families who staff of the Joint Tax Committee, point of order. Are we requested to ad- plant, who grow and who harvest ev- comes from companies that have tax dress our comments to the Chair? erything we eat. We stand with those hideaways with these countries down The SPEAKER pro tempore. The gen- most in need. We also support a strong in the Caribbean that have no tax trea- tleman should seek recognition rather nutrition program. We stand with our ty and no corporate taxes or little than interjecting from his seat. Nation’s children, and are providing taxes. And the remaining 10 percent of But the gentleman is correct that them with access to fresh fruits and revenue from their proposal, most of it Members should address the Chair vegetables. We stand with local agri- is going to be simply a matter of shift- when they are speaking, and not others cultural businesses connecting local ing taxes between countries in tax in the second person. farmers to their communities to bring credits. Mr. HASTINGS of Washington. Mr. their products to market. And we stand I have listened to these Republicans Speaker, I am pleased to yield 3 min- for responsible reforms to our Nation’s identify one company after another utes to the gentleman from Louisiana agriculture policy. that they cried big crocodile tears (Mr. MCCRERY), the ranking member of The question is simple: Whose side about, and I haven’t heard them iden- the Ways and Means Committee. are you on? tify a single company that is likely to Mr. MCCRERY. Mr. Speaker, the pre- We do not sit in the boardrooms. We have an increase in its taxes as a result vious speaker, the gentleman from do not represent corporations who take of this proposal. Texas, talked about a memo from

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8684 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Treasury 5 years ago. The fact is, since and I would like to inquire of my friend called U.S. Biofuels in Rome, Georgia. that memo was sent out, or since that if he would like to entertain the propo- He found a market demand, and that is study was done, Treasury has under- sition I offered a moment ago. the reason for his plant. But in order to taken a very aggressive policy of Mr. Speaker, I ask unanimous con- make a profit, Greg has to minimize amending tax treaties with countries sent for 5 additional minutes for each costs wherever possible. If the United to solve the problem that was men- side. States is serious about moving our tioned in that study. Also, in the jobs The SPEAKER pro tempore. Is there country to alternative fuels, we don’t bill that we passed just a couple of objection to the request of the gen- need restrictions like Davis-Bacon pre- years ago, we legislatively attacked tleman from Washington? vailing wages. the problem that was mentioned in Mr. CARDOZA. Mr. Speaker, I object It is clear to me that the Democratic that study. So steps have been taken, to the request to extend debate. As the leadership of the 110th Congress is both legislatively and regulatorily, to gentleman from Washington knows, more interested in doing favors for solve that problem. there will be another hour of debate on deep-pocketed labor union supporters The President’s budget, the gen- the bill and then 31 amendments. There than protecting domestic biofuel pro- tleman himself said it raises $2 billion, is ample time to debate this bill, so I ducers, and I must oppose this rule and approximately. His provision raises would have to object. the underlying bill. twice that. So it is apples and oranges, The SPEAKER pro tempore. Objec- Mr. HASTINGS of Washington. Mr. and obviously his provision is much tion is heard. Speaker, I yield the balance of my time broader than what the President’s Mr. HASTINGS of Washington. Mr. to the gentleman from Kentucky, a budget contemplated. Speaker, I am pleased to yield 1 minute classmate of mine, Mr. WHITFIELD. But, you know, I was just sitting to the gentleman from New Mexico Mr. WHITFIELD. I want to commend there listening to this debate, and (Mr. PEARCE), a member of one of the all those for the hard work they have Americans out in the country watching committees that was denied any oppor- done on this rule. I must say that the this must be shaking their heads. You tunity to talk about the tax provisions. American people today, 14 percent of have got Democrats who are saying one Mr. PEARCE. Mr. Speaker, I thank the American people only, approve of thing and Republicans who are saying the gentleman for yielding, and it is al- Congress as an institution. I think just the opposite. Republicans: It is a ways imperative that we discuss issues there are many reasons for that. tax increase. Democrats: It is not a tax that are brought forward. For example, with this farm bill we increase, it is a loophole closure. It is Members of Congress often point to have an opportunity once every 5 years like they have been brainwashed by other countries who abridge treaties, to address major issues in the farm somebody and we have been brain- who abridge contracts of our compa- bill. Yesterday, the chairman of the washed by somebody. nies working in those countries, and Natural Resources Committee, the Mr. Speaker, we could have avoided they claim foul. Recently Hugo Chavez this, I believe, if the majority had fol- Budget Committee, two other Demo- nationalized the oil industry and the crats and two Republicans offered an lowed regular order; if they had al- electricity and oil companies. Yet the lowed the Ways and Means Committee, amendment to the Rules Committee on people who work for oil companies that an issue that has been on this House the committee of jurisdiction over the are U.S. oil companies trying to push Tax Code, to hold a hearing on this floor five separate times and every back that takeover were told why time it passed overwhelmingly, but we provision, to flesh it out, to hear ex- shouldn’t we do that, your own govern- perts on both sides, or all sides, and needed this amendment to finally bring ment is doing it; we have the right. this issue to a conclusion. And al- then let us discuss it and ask ques- They are referring to the language tions, probe. though four people on the Rules Com- that is in this bill that affects the off- mittee that spoke applauded our ef- Mr. DOGGETT is one of the smartest shore leases, the ’98–’99 leases. The Members of our committee, and he forts and were very complimentary of Washington Post described the actions it, we were not given an opportunity to knows a lot about the Tax Code, and that were taken back on H.R. 6, which especially the treatment of inter- bring this amendment to the floor. are very similar to these actions, as In addition to that, the tax issues re- national companies doing business here ‘‘heavy handed.’’ The stability of con- in the United States, and I give him lating to the farm bill have not been tracts, this heavy-handed approach, an adequately explained, have not been that. But, dadgummit, we should have attack on the stability of contracts had a chance to honestly debate this, adequately debated. In the committee would be welcomed in Russia, Bolivia, that I am on, the Energy and Com- and not have the majority just throw it and others have been criticized for in overnight on a farm bill, without merce Committee, there is an SCHIP tearing up revenue-sharing agreements program that provides $100 billion in even sending it through the Ways and with private energy companies. Means Committee. That is wrong. That cost over the next 5 years; and to pay Mr. Speaker, we are doing things for that, we have not had any oppor- is a lousy way to legislate. It is wrong. that affect oil companies and energy That is why Members on both sides of tunity to debate that. prices to Americans. I oppose this rule the aisle should vote no on this rule, to The SPEAKER pro tempore. The gen- because it violates the rule of law. give this House the opportunity to act tleman’s time has expired. Mr. CARDOZA. Mr. Speaker, I re- responsibly and to give the Ways and serve the balance of my time. f Means Committee back some of its Mr. HASTINGS of Washington. Mr. MOTION TO ADJOURN honor. It is getting gutted by actions Speaker, I yield 1 minute to the gen- like this week after week after week. I Mr. WHITFIELD. Mr. Speaker, I tleman from Georgia (Mr. GINGREY), a am tired of it, and I ask the House, not former member of the Rules Com- move that the House do now adjourn. Republicans or Democrats, Members of mittee. The SPEAKER pro tempore. The this proud House, to go back to doing Mr. GINGREY. Mr. Speaker, while I question is on the motion to adjourn. things properly, and then maybe we see good reforms and programs in this The question was taken; and the will figure out something in between farm bill, I also see onerous provisions Speaker pro tempore announced that that we can all support. such as a massive tax increase on for- the noes appeared to have it. b 1845 eign companies who are providing good Mr. WHITFIELD. Mr. Speaker, on that I demand the yeas and nays. Mr. CARDOZA. Mr. Speaker, how jobs here in the United States, and Davis-Bacon restrictions on biofuel The yeas and nays were ordered. much time remains? The vote was taken by electronic de- The SPEAKER pro tempore. Both production plants that drive up costs vice, and there were—yeas 174, nays sides have 31⁄4 minutes remaining. far beyond any included incentive Mr. CARDOZA. Does the gentleman grants. 248, not voting 10, as follows: from Washington have any remaining In 2003, a constituent of Georgia’s [Roll No. 745] speakers? 11th District named Greg Hopkins took YEAS—174 Mr. HASTINGS of Washington. I a big risk and decided to construct and Aderholt Alexander Baker have more speakers than I have time, operate a biofuel production plant Akin Bachus Barrett (SC)

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8685 Bartlett (MD) Gillmor Paul Kingston Moran (VA) Serrano hood in favor of a few wealthy inter- Barton (TX) Gingrey Pearce Klein (FL) Murphy (CT) Sestak national companies who are delib- Biggert Gohmert Pence Kucinich Murphy, Patrick Shea-Porter Bilbray Goode Petri Kuhl (NY) Murtha Sherman erately evading U.S. tax law and big oil Bilirakis Goodlatte Pitts Lampson Nadler Shuler companies that have been gouging Bishop (UT) Granger Poe Langevin Napolitano Sires Americans at the pump. Blackburn Graves Porter Lantos Neal (MA) Skelton The truth is that the Ways and Blunt Hastert Price (GA) Larsen (WA) Oberstar Slaughter Boehner Hastings (WA) Pryce (OH) Larson (CT) Obey Smith (NJ) Means Committee has taken the advice Bonner Hayes Putnam Lee Olver Smith (WA) of the Bush administration and closed Bono Heller Radanovich Levin Ortiz Snyder a loophole for tax cheats in order to Boozman Hensarling Ramstad Lewis (CA) Pallone Solis pay for lifesaving nutrition programs Boustany Herger Regula Lewis (GA) Pascrell Space Brady (TX) Hobson Rehberg Linder Pastor Spratt for millions of Americans. This energy Broun (GA) Hoekstra Reichert Lipinski Payne Stark offset comes from reducing taxpayer LoBiondo Perlmutter Brown-Waite, Hulshof Renzi Stupak Loebsack Peterson (MN) subsidies for multinational oil and gas Ginny Inglis (SC) Reynolds Sutton Buchanan Issa Rogers (AL) Lofgren, Zoe Peterson (PA) companies that have enjoyed a free Tanner Burgess Jindal Rogers (KY) Lowey Platts Tauscher ride from this Congress for far too Burton (IN) Johnson (IL) Rogers (MI) Lynch Pomeroy Taylor long. Buyer Johnson, Sam Ros-Lehtinen Mahoney (FL) Price (NC) Thompson (CA) Calvert Jones (NC) Roskam Maloney (NY) Rahall The price of oil today in New York Thompson (MS) Camp (MI) Jordan Ryan (WI) Markey Rangel was $75 a barrel. Is that not enough for Tierney Campbell (CA) Keller Sali Marshall Reyes Americans to pay? So enough with this Cannon King (IA) Schmidt Matheson Rodriguez Towns Cantor King (NY) Sensenbrenner Matsui Rohrabacher Udall (CO) song and dance. This is about closing Capito Kirk Sessions McCarthy (NY) Ross Udall (NM) loopholes for tax cheats, a loophole Carter Kline (MN) Shadegg McCollum (MN) Rothman Van Hollen that your Republican administration Vela´ zquez Chabot Knollenberg Shays McDermott Roybal-Allard has been advocating. This is closing a Cole (OK) Lamborn Shimkus McGovern Royce Visclosky Conaway Latham Shuster McHugh Ruppersberger Walz (MN) loophole for tax cheats, a loophole that Crenshaw LaTourette Simpson McIntyre Rush Wasserman this administration has been advo- Davis (KY) Lewis (KY) Smith (NE) McNerney Ryan (OH) Schultz cating being closed for years, as it is Davis, David Lucas Smith (TX) McNulty Salazar Watson Davis, Tom Lungren, Daniel Souder Meek (FL) Sa´ nchez, Linda Watt reducing windfall profits for Big Oil. Deal (GA) E. Stearns Meeks (NY) T. Waxman I urge my colleagues to make the Dent Mack Sullivan Melancon Sanchez, Loretta Weiner right choice here and stop playing poli- Diaz-Balart, L. Manzullo Tancredo Michaud Sarbanes Welch (VT) tics with the American public. Diaz-Balart, M. Marchant Terry Miller (NC) Saxton Wexler Doolittle McCarthy (CA) Thornberry Miller, George Schakowsky Wilson (OH) We used to have a $30 billion trade Drake McCaul (TX) Tiahrt Mollohan Schiff Woolsey surplus in agriculture. Like everything Dreier McCotter Tiberi Moore (KS) Schwartz Wu else, we are trading that away. If we Duncan McCrery Turner Moore (WI) Scott (GA) Wynn aren’t careful, we are going to become Ehlers McHenry Upton Moran (KS) Scott (VA) Yarmuth Emerson McKeon Walberg an importer of agricultural goods for English (PA) McMorris Walden (OR) NOT VOTING—10 the first time in the history of the Everett Rodgers Walsh (NY) Baird Davis, Jo Ann Waters United States. That won’t happen on Fallin Mica Wamp Clarke Hunter Young (AK) our watch. Feeney Miller (FL) Weldon (FL) Cubin LaHood Flake Miller (MI) Weller Culberson Pickering It’s bad enough that countries like Forbes Miller, Gary Westmoreland China, Japan, and Saudi Arabia are our Fortenberry Mitchell Whitfield ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bankers. Let us not make them our Foxx Murphy, Tim Wicker The SPEAKER pro tempore (during farmers, too. That is not the way this Franks (AZ) Musgrave Wilson (NM) the vote). Members are advised there Frelinghuysen Myrick Wilson (SC) country was built, and I assure you Garrett (NJ) Neugebauer Wolf are 2 minutes remaining in this vote. this new Democratic Congress will not Gilchrest Nunes Young (FL) b 1914 abandon our farm community. NAYS—248 This is a once-in-a-lifetime bill that Ms. SCHWARTZ, Mr. BOUCHER, Mr. will meet our country’s needs. Every Abercrombie Coble Gillibrand FOSSELLA, Ms. SOLIS, Mr. LEVIN major group, the commodities, the spe- Ackerman Cohen Gonzalez and Mr. ENGEL changed their vote Allen Conyers Gordon cialty crops, the nutrition groups, the Altmire Cooper Green, Al from ‘‘yea’’ to ‘‘nay.’’ conservationists and others support Andrews Costa Green, Gene Messrs. HAYES, BARRETT of South this bill. Arcuri Costello Grijalva Carolina, REICHERT, FRELING- Baca Courtney Gutierrez A ‘‘yes’’ vote on this rule and the un- Bachmann Cramer Hall (NY) HUYSEN, BURGESS, TURNER and derlying bill is a vote for the hungry, a Baldwin Crowley Hall (TX) BROUN of Georgia changed their vote vote for the environment, a vote for en- Barrow Cuellar Hare from ‘‘nay’’ to ‘‘yea.’’ ergy independence, but, most impor- Bean Cummings Harman So the motion to adjourn was re- Becerra Davis (AL) Hastings (FL) tantly, a vote to deliver on our long- Berkley Davis (CA) Herseth Sandlin jected. standing commitment to rural Amer- Berman Davis (IL) Higgins The result of the vote was announced ica. Berry Davis, Lincoln Hill as above recorded. Bishop (GA) DeFazio Hinchey I urge a ‘‘yes’’ vote on the rule and Bishop (NY) DeGette Hinojosa f on the previous question. Blumenauer Delahunt Hirono Mr. ENGLISH of Pennsylvania. Mr. Speaker, Boren DeLauro Hodes PROVIDING FOR CONSIDERATION Boswell Dicks Holden I rise in opposition to this rule. The rule waives OF H.R. 2419, FARM, NUTRITION, all points of order on the underlying bill to Boucher Dingell Holt AND BIOENERGY ACT OF 2007 Boyd (FL) Doggett Honda shield the Democratic Leadership’s attempt to Boyda (KS) Donnelly Hooley The SPEAKER pro tempore. The gen- bypass the rules of the House and the jurisdic- Brady (PA) Doyle Hoyer 1 Braley (IA) Edwards Inslee tleman from California has 3 ⁄4 minutes tion of the Committee on Ways and Means. Brown (SC) Ellison Israel remaining. Clause 5(a) of Rule 21 states that, ‘‘a bill or Brown, Corrine Ellsworth Jackson (IL) Mr. CARDOZA. Mr. Speaker, I have joint resolution carrying a tax or tariff measure Butterfield Emanuel Jackson-Lee stood here for the better part of an Capps Engel (TX) may not be reported by a committee not hav- Capuano Eshoo Jefferson hour as we debated this rule, and I ing jurisdiction to report tax or tariff meas- Cardoza Etheridge Johnson (GA) frankly cannot believe what I am hear- ures.’’ Carnahan Farr Johnson, E. B. ing. Yet, the bill before us today was not re- Carney Fattah Jones (OH) Carson Ferguson Kagen It sounds to me like the Republican ported by such a committee, only by the Com- Castle Filner Kanjorski caucus of this body is actually consid- mittee on Agriculture. Specifically, Section Castor Fossella Kaptur ering voting against the thousands of 1303 of the bill would change the administra- Chandler Frank (MA) Kennedy farmers, their families, and the mil- tion of U.S. tariff rate quotas for imports of Clay Gallegly Kildee Cleaver Gerlach Kilpatrick lions of people throughout this country sugar so that the tariff rate quotas no longer Clyburn Giffords Kind that rely on farming for their liveli- apply on a yearly basis, but rather on a semi-

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 9920 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8686 CONGRESSIONAL RECORD — HOUSE July 26, 2007 annual or even quarterly basis for certain im- [Roll No. 746] Emerson Lampson Rehberg English (PA) Latham Reichert ports. YEAS—222 Everett LaTourette Renzi Under this provision, importers who wish to Abercrombie Green, Gene Napolitano Fallin Lewis (CA) Reynolds import sugar into the United States outside of Ackerman Grijalva Neal (MA) Feeney Lewis (KY) Rogers (KY) Ferguson Linder the narrow time period specified in the bill Allen Gutierrez Oberstar Rogers (MI) Andrews Hall (NY) Obey Flake LoBiondo Rohrabacher would be required to pay the over-quota tariff Arcuri Hare Olver Forbes Lucas Ros-Lehtinen rate rather than the in-quota tariff rate to which Baca Harman Ortiz Fortenberry Lungren, Daniel Roskam Baldwin Hastings (FL) Pallone Fossella E. Royce they would otherwise be entitled. Thus, this Foxx Mack Barrow Herseth Sandlin Pascrell Ryan (WI) provision would increase the tariff rate on Franks (AZ) Manzullo Bean Higgins Pastor Sali Frelinghuysen Marchant these imports from 1.46 cents per kilogram to Becerra Hill Payne Saxton Gallegly McCarthy (CA) 33.87 cents per kilogram: an increase in the Berkley Hinchey Perlmutter Schmidt Garrett (NJ) McCaul (TX) tariff rate of over 2,000 percent. Berman Hinojosa Peterson (MN) Sensenbrenner Berry Hirono Pomeroy Gerlach McCotter Gilchrest McCrery Sessions In effect, this bill changes the tariff classi- Bishop (GA) Hodes Price (NC) Shadegg Bishop (NY) Holden Rahall Gillmor McHenry fication of these imports because it changes Shays Blumenauer Holt Rangel Gingrey McHugh Shimkus the tariff to which these imports are subject Boren Honda Reyes Gohmert McKeon Shuster based on when they are imported into the Boswell Hooley Rodriguez Goode McMorris Simpson United States. As a result, this language Boucher Hoyer Ross Goodlatte Rodgers Boyd (FL) Inslee Rothman Granger McNerney Sires would affect the amount of tariff revenue col- Boyda (KS) Israel Roybal-Allard Graves Mica Smith (NE) lected, thus triggering clause 5(a) of rule 21. Brady (PA) Jackson (IL) Ruppersberger Hall (TX) Miller (FL) Smith (NJ) Hastert Miller (MI) Smith (TX) Completely egregious in its own right on the Braley (IA) Jackson-Lee Rush Brown, Corrine (TX) Ryan (OH) Hastings (WA) Miller, Gary Souder merits, the inclusion of this provision also flies Butterfield Jefferson Salazar Hayes Mitchell Stearns smack in the face of the rules of the House Capps Johnson (GA) Sa´ nchez, Linda Heller Moran (KS) Sullivan and should not be included in the bill today. Capuano Johnson, E. B. T. Hensarling Murphy, Tim Tancredo Cardoza Jones (OH) Sanchez, Loretta Herger Musgrave Terry But, sadly today we are precluded from raising Carnahan Kagen Sarbanes Hobson Myrick Thornberry a point of order against this provision as a re- Carney Kanjorski Schakowsky Hoekstra Neugebauer Tiahrt sult of this rule. Carson Kaptur Schiff Hulshof Nunes Tiberi Castor Kennedy Schwartz Inglis (SC) Paul Turner Issa Pearce Mr. Speaker the rule also contains a self- Chandler Kildee Scott (GA) Upton Jindal Pence executing tax increase that will put the Clay Kilpatrick Scott (VA) Walberg Johnson (IL) Peterson (PA) Cleaver Kind Serrano Walden (OR) squeeze on investment in the U.S. and cost Johnson, Sam Petri Clyburn Klein (FL) Sestak Walsh (NY) America jobs. Also not considered by the Cohen Kucinich Shea-Porter Jones (NC) Pickering Committee on Ways and Means, this provi- Jordan Pitts Wamp Conyers Langevin Sherman Weldon (FL) Cooper Lantos Shuler Keller Platts sion, masquerading as a way to keep jobs Weller Costa Larsen (WA) Skelton King (IA) Poe here, will in fact send jobs overseas. Westmoreland Costello Larson (CT) Slaughter King (NY) Porter Whitfield The practical effect of this amendment is Courtney Lee Smith (WA) Kingston Price (GA) Wicker that employers like BASF in Evans City, Penn- Cramer Levin Snyder Kirk Pryce (OH) Crowley Lewis (GA) Solis Kline (MN) Putnam Wilson (NM) sylvania will be at a direct disadvantage sim- Cuellar Lipinski Space Knollenberg Radanovich Wilson (SC) ply because they have chosen to locate a Cummings Loebsack Spratt Kuhl (NY) Ramstad Wolf manufacturing plant in the U.S.—and employ Davis (AL) Lofgren, Zoe Stark Lamborn Regula Young (FL) U.S. workers—but have a parent company Davis (CA) Lowey Stupak NOT VOTING—8 Davis (IL) Lynch Sutton based in Germany. Similarly, companies Davis, Lincoln Mahoney (FL) Tanner Clarke Hunter Waters throughout my district would be indirectly af- DeFazio Maloney (NY) Tauscher Cubin LaHood Young (AK) fected as a result of some of their cus- DeGette Markey Taylor Davis, Jo Ann Rogers (AL) tomers—companies like Honda and Sony Delahunt Marshall Thompson (CA) DeLauro Matheson Thompson (MS) b 1937 among others—being disadvantaged by this Dicks Matsui Tierney provision. In addition, this provision completely Dingell McCarthy (NY) Towns Mr. SESSIONS changed his vote from disregards obligations made under inter- Doggett McCollum (MN) Udall (CO) ‘‘yea’’ to ‘‘nay.’’ Donnelly McDermott Udall (NM) national tax treaties. Doyle McGovern Van Hollen So the resolution was agreed to. Mr. Speaker, American workers deserve Edwards McIntyre Vela´ zquez The result of the vote was announced Ellison McNulty Visclosky as above recorded. better, American employers deserve better, Ellsworth Meek (FL) Walz (MN) and our treaty partners deserve better. Emanuel Meeks (NY) Wasserman A motion to reconsider was laid on the table. I urge a ‘‘no’’ vote on this most misguided Engel Melancon Schultz Eshoo Michaud Watson rule. Etheridge Miller (NC) Watt f Mr. CARDOZA. Mr. Speaker, I yield Farr Miller, George Waxman Fattah Mollohan Weiner back the balance of my time, and I Filner Moore (KS) Welch (VT) THE JOURNAL move the previous question on the res- Frank (MA) Moore (WI) Wexler The SPEAKER pro tempore. Pursu- olution. Giffords Moran (VA) Wilson (OH) Gillibrand Murphy (CT) Woolsey ant to clause 8 of rule XX, the unfin- The previous question was ordered. Gonzalez Murphy, Patrick Wu ished business is the question on agree- The SPEAKER pro tempore. The Gordon Murtha Wynn ing to the Speaker’s approval of the question is on the resolution. Green, Al Nadler Yarmuth Journal. The question was taken; and the NAYS—202 The question is on the Speaker’s ap- Speaker pro tempore announced that Aderholt Bono Castle proval of the Journal. the ayes appeared to have it. Akin Boozman Chabot Pursuant to clause 1, rule I, the Jour- Alexander Boustany Coble nal stands approved. Mr. HASTINGS of Washington. Mr. Altmire Brady (TX) Cole (OK) Bachmann Broun (GA) Conaway Speaker, on that I demand the yeas f and nays. Bachus Brown (SC) Crenshaw Baird Brown-Waite, Culberson The yeas and nays were ordered. Baker Ginny Davis (KY) COMMUNICATION FROM CONGRES- Barrett (SC) Buchanan Davis, David Pursuant to clause 8 of rule XX, this Bartlett (MD) Burgess Davis, Tom SIONAL AIDE OF THE HON. 15-minute vote on adoption of House Barton (TX) Burton (IN) Deal (GA) MARK UDALL, MEMBER OF CON- Resolution 574 will be followed by a 5- Biggert Buyer Dent GRESS Bilbray Calvert Diaz-Balart, L. minute vote on agreeing to the Speak- Bilirakis Camp (MI) Diaz-Balart, M. The SPEAKER pro tempore laid be- er’s approval of the Journal, if ordered. Bishop (UT) Campbell (CA) Doolittle fore the House the following commu- The vote was taken by electronic de- Blackburn Cannon Drake nication from John Bristol, Congres- Blunt Cantor Dreier vice, and there were—yeas 222, nays Boehner Capito Duncan sional Aide, Office of the Honorable 202, not voting 8, as follows: Bonner Carter Ehlers MARK UDALL, Member of Congress:

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8687 HOUSE OF REPRESENTATIVES, The CHAIRMAN. Pursuant to the the industry of farming. They are the Washington, DC, July 12, 2007. rule, the bill is considered read the ones who represent the people using Hon. NANCY PELOSI, first time. the farm bill’s nutrition programs. Speaker, House of Representatives, The gentleman from Minnesota (Mr. They are the ones working to imple- Washington, DC. PETERSON) and the gentleman from DEAR MADAM SPEAKER: This is to notify ment good conservation practices in you formally, pursuant to Rule VIII of the Virginia (Mr. GOODLATTE) each will the communities across this country. If Rules of the U.S. House of Representatives, control 30 minutes. they support our bill, then I know that that I have been served with a subpoena, The Chair recognizes the gentleman we’re doing the right thing. issued by the Westminster, Colorado Munic- from Minnesota. This farm bill also includes signifi- ipal Court, for testimony in a criminal case. Mr. PETERSON of Minnesota. cant reforms. Of course, some people After consultation with the Office of Gen- Madam Chairman, today we have a bill eral Counsel, I have determined that compli- think we went too far. Others think we before us that is known as the farm didn’t go far enough. But everybody ance with the subpoena is consistent with bill, but this bill is much more than the precedents and privileges of the House. seems to agree that they never thought Sincerely, about farms. It is about the food we that we could get an agreement that JOHN BRISTOL, eat, the clothes we wear, and, increas- went as far as it has. That is what this Congressional Aide. ingly, the fuel that we will use. farm bill is about. We got the different The farm bill assures that we will f groups into the room and produced an have a safe, strong food supply now and agreement that everyone feels like COMMUNICATION FROM CONGRES- for years to come. It funds nutrition they’ve been part of the process, even if SIONAL AIDE OF THE HON. programs and ensures that working they didn’t get exactly what they MARK UDALL, MEMBER OF CON- families have enough to eat. It provides wanted. GRESS conservation programs to protect the This bill does make significant The SPEAKER pro tempore laid be- environment. It funds rural development programs in support of our rural changes, including a hard cap on sub- fore the House the following commu- sidies for the first time ever. We’ve nication from Carter Ellison, Congres- communities nationwide. You can see that this farm bill is certainly about taken the $2.5 million adjusted gross sional Aide, Office of the Honorable income cap down to $500,000. And we MARK UDALL, Member of Congress: more than just farms. In addition to these important prior- have put a hard cap on of $1 million so CONGRESS OF THE UNITED STATES, that anybody over $1 million of ad- Washington, DC, July 12, 2007. ities, this farm bill also provides the justed gross income will not receive Hon. NANCY PELOSI, safety net that allows our Nation’s Speaker, House of Representatives, Washington, farmers and ranchers to continue to farm payments after this bill passes. DC. provide the food, fiber, and fuel that We have also cut the soft cap that I DEAR MADAM SPEAKER: This is to notify meet the needs of Americans and peo- mentioned on adjusted gross income to you formally, pursuant to Rule VIII of the ple around the world. $500,000. We also, in this bill, required Rules of the U.S. House of Representatives, America is still the world’s bread- direct attribution for the first time of that I have been served with a subpoena, issued by the Westminster, Colorado Munic- basket, and that is something we farm program payments so that people ipal Court, for testimony in a criminal case. should be proud of. Over the past year, won’t be able to get around the pay- After consultation with the Office of Gen- my colleagues and I have traveled ment limits by receiving payments eral Counsel, I have determined that compli- across the country from New York to through different business entities. ance with the subpoena is consistent with Alabama, to my neck of the woods in These are not insignificant by any the precedents and privileges of the House. Minnesota, and all the way to Cali- means, and these changes will affect Sincerely, fornia. We heard from folks who are thousands of farmers nationwide. CARTER ELLISON, out there every day working the land, Congressional Aide. In the area of conservation, too, we producing a diverse range of agri- have made significant changes as well f culture products. as new investments. One thing we’ve GENERAL LEAVE The farm bill is a product of agree- done, we have included the same kind ments that we have reached by con- of payment limits on conservation pro- Mr. PETERSON of Minnesota. Mr. sulting everyone interested in this grams that we have had for farm pro- Speaker, I ask unanimous consent that process. In addition to hearings across grams. That way, there’s more money Members may have 5 legislative days the country, we have worked with nu- available to more farmers to partici- to revise and extend their remarks on trition advocates, conservation and en- pate in these popular programs. H.R. 2419. vironmental organizations, renewable The bill also includes $3.8 billion in The SPEAKER pro tempore. Is there energy groups, and representatives objection to the request of the gen- new spending for conservation pro- from all parts of the fruit and vege- grams over the next 5 years. These pro- tleman from Minnesota? table industry, in addition to the farm There was no objection. grams help farmers protect the envi- groups traditionally involved in the ronment with programs that reduce f farm bill. erosion, enhance water supply, improve At the end of that process, we now water quality, increase wildlife habi- FARM, NUTRITION, AND have more than 100 organizations rep- tat, and reduce damage caused by BIOENERGY ACT OF 2007 resenting conservation, nutrition, floods and other natural disasters. The SPEAKER pro tempore. Pursu- rural development, renewable energy, ant to House Resolution 574 and rule labor and farm groups that have signed This farm bill provides new resources XVIII, the Chair declares the House in on in support of this bill. I think that to protect and preserve the Chesapeake the Committee of the Whole House on this unprecedented support is a direct Bay and other high-priority areas, and the state of the Union for the consider- result of our efforts to be inclusive in it encourages private land owners to ation of the bill, H.R. 2419. this farm bill process. provide public access for hunting, fish- There are very few issues that the ing and other recreational activities. b 1942 National Farmers Union and the Amer- In the area of renewable energy, this IN THE COMMITTEE OF THE WHOLE ican Farm Bureau Federation can farm bill invests in programs that will Accordingly, the House resolved agree on, but at the end of the day, help encourage the development of cel- itself into the Committee of the Whole they both support this bill. lulosic ethanol in this country. In my House on the state of the Union for the The members of these groups who opinion, this represents the future for consideration of the bill (H.R. 2419) to support our farm bill are the real ex- American agriculture. Once we can es- provide for the continuation of agricul- perts on farm policy because it is a re- tablish the first facilities that can tural programs through fiscal year ality that they live each day of their make ethanol from agricultural waste 2012, and for other purposes, with Mrs. lives. They are the ones on the land and other biomass products, we will TAUSCHER in the chair. planting the crops, managing the live- take a huge step in a new direction for The Clerk read the title of the bill. stock and taking the risk inherent in agriculture and for rural America.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8688 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Many of the best feedstocks for cel- with a compromise, and they delivered. the budget, given the collapse of the lulosic ethanol will also provide bene- As a result, with this farm bill, con- baseline projections for the commodity fits for wildlife and for the environ- sumers in this country will finally be programs. The lack of funding for the ment. Renewable fuels have brought able to tell where their fruit and vege- nutrition interests further compounded new investment and new jobs for rural tables and meat products in their gro- the problem. As the number of nonfarm America, and this is one of the most cery stores are coming from, and we interests in farm bill funding has exciting things that’s happened in my think it’s about time. grown and the availability of funding life and in American agriculture. We accomplished all of this under an dwindled, farm programs have become We have also proposed increases in open process where everyone was in- particularly vulnerable, and the Demo- the farm bill’s nutrition title. This has cluded. All members of our committee cratic leadership and the Budget Com- been a source of some controversy this were engaged in this process, and I’m mittee refused to address the needs of a week, but not because people disagree proud to say that some of our newest forward-looking farm bill. with the idea that we should be in- freshman Members, including col- From the start, the Agriculture Com- creasing these benefits which have leagues that have been there for years, mittee Republicans have made our con- been stagnant for many years and really brought a lot of constructive cerns about funding for this bill very making sure that benefits keep pace ideas and a spirit of bipartisan coopera- clear. When the chairman announced with inflation, tion to the table and helped us come up his projected farm bill time line on Instead, the controversy has involved with a bill that we are all very proud May 17, I urged him not to rush the the proposal that the Ways and Means of. process and find the offsets before Committee has proposed to offset the There is something in this bill for ev- promising the money in the farm bill cost of these changes. I hope that my erybody to like. There’s probably language. Again and again, I, along colleagues on both sides of the aisle something in this bill for everybody with my subcommittee ranking mem- will recognize that there is a difference not to like. But it’s a step in the right bers, have implored the committee to between closing a loophole in current direction and has broad support, as I slow down, to wait until the money is tax law and increasing taxes. This pro- said, from many organizations. And I available before moving ahead. posal won’t raise taxes, but it will hold encourage my colleagues to support At the Conservation, Credit, Energy some foreign companies who should be this farm bill which supports all of us and Rural Development Subcommittee paying taxes accountable for what they with food, fiber and fuel. markup on May 22, both subcommittee owe. Madam Chairman, I reserve the bal- ranking member FRANK LUCAS and I The Agriculture Committee agreed, ance of my time. urged caution in rushing the process. on a bipartisan basis, that these Mr. GOODLATTE. Madam Chairman, On May 24, at the Livestock, Dairy and Poultry markup, the message was changes in the nutrition program were I yield myself 51⁄2 minutes. important to help working Americans Madam Chairman, it’s a sad day for the same. The subsequent markups on access these nutrition programs, and American agriculture when the Demo- June 6, 7, 15 and 19, the message to the leadership of this committee was the we have found a reasonable, fiscally re- cratic leadership pits America’s farm- same; slow down and find the money. sponsible way to do this. ers and ranchers against America’s Another area where this farm bill working class. The tax increases in- We were consistently told the money makes great strides is in funding for cluded in this bill stand to jeopardize would be made available, and we were programs that strengthen the fruit and millions of American jobs by raising consistently denied any further information. vegetable industry. We have worked taxes on companies that do business in It would be disingenuous for my Ag- with this industry and have included the U.S. Not only does this provision cunningly added by the Democrat lead- riculture Committee Democrat col- $1.5 billion in new mandatory money leagues to claim our objections are at ership after the bill left the control of for them in this farm bill. That’s the all new or recently conceived. We have the Agriculture Committee jeopardize first time that we’ve done this. worked in a bipartisan fashion The Specialty Crop Alliance, United American jobs, it stands to violate throughout this process and had the Fresh, and many other fruit and vege- treaties with other nations and lead to opportunity to take a bipartisan prod- significant ramifications for U.S. com- table groups strongly support this bill uct of the committee to the floor. But panies with operations in other coun- as passed by the Agriculture Com- our work has been undermined by the tries. Worst of all, we’re not even con- mittee. addition of tax increases without con- We also worked with several caucuses sidering a tax bill; we’re considering a sultation, review or due process to in crafting this bill, including the Con- farm bill, a farm bill that has been cover the extra costs of the bill. gressional Black Caucus, the Congres- twisted into a partisan pawn. Despite repeated assurances that the sional Hispanic Caucus, the Congres- At the beginning of the week, I stood $4 billion in offsets would not come sional Native American Caucus. With beside the chairman of the Agriculture from tax increases, here we are, look- the Congressional Black Caucus, we Committee to voice my support for this ing at tax increases as a funding mech- have worked to address important bill that we had worked in a bipartisan anism of choice employed by the issues, including a program in the man- fashion to bring to the floor. I had only Democratic leadership. ager’s amendment that will help black one caveat, that the offsets not be in Moreover, to insinuate that Demo- farmers who did not get their day in the form of tax increases. Not 24 hours crats were made to do anything by the court due to inadequate notice and an before we were to consider this bill on Republicans’ opposition to revisions arbitrary deadline established after the the floor, we were made aware of a tax that would directly impact U.S. jobs is Pigford case was settled. This provision increase provision that had been added preposterous. The Democrats and the will allow farmers who filed their to this language behind closed doors. Democrats alone are solely responsible claims after the national deadline to Unfortunately, all of the good things for any modifications made to this bill have their cases heard. contained in this bill have been over- after it left the Agriculture Com- We have also included other provi- shadowed by very partisan elements of mittee. sions to make USDA programs more what should be a bipartisan bill. Today Because the Democrat leadership accessible to minority, socially dis- we should be debating the merits of won’t invest in American agriculture, advantaged and beginning farmers and this bill, a bill that was carefully craft- they’re calling for increased taxes to ranchers. This includes provisions to ed to meet the calls for reform and ex- pick up the tab to fund our domestic expand access to land, credit, conserva- pand programs such as nutrition and priorities by increasing taxes on com- tion and rural development programs. fruits and vegetable programs. But the panies that provide millions of Ameri- One of the most important com- leadership has decided to take Amer- cans with good jobs and stimulate eco- promises reached in this farm bill was ican agriculture out of the debate on nomic growth. an agreement to finally, after a long the farm bill. I anticipate this tax increase will delay, implement mandatory country Heading into the reauthorization of likely be the first of many needed to of origin labeling. We put both sides in the farm bill, Agriculture Committee fund the priorities that bulge between the room; we told them to come out Republicans anticipated problems with the majority’s budgets.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8689 Rural America is served best when Ways and Means Committee. It wasn’t those constraints, significant funding increases we work together in a bipartisan fash- $4 billion in Social Security. It wasn’t were given to conservation and nutrition pro- ion. With passage of this rule, partisan- $4 billion in Medicare. It wasn’t $4 bil- grams at the expense of production agrculture. ship invades rural America and de- lion in training, though we were work- Additionally, I oppose the last minute develop- stroys bipartisan support for the un- ing hard to make certain to break ments that have occurred to attach a provision derlying legislation. down the barriers so that our farmers to increase taxes to pay for some of these in- I want to be clear, I support the farm could go overseas. creases. bill. I do not support the nonagri- So there is not one living person on I strongly oppose these actions, they should culture, non-Agriculture Committee the Agriculture Committee that didn’t not be in the Farm Bill, and overall it will hurt approved tax increase that has been ask me to get it out of what? Taxes. Americans. shamefully attached to this legislation. Sorry to use that word, and I don’t I am also concerned over how this addi- Prior to the announcement of this know who is offended. But we felt that tional funding is being allocated. Specifically, tax increase, it was clear that the ad- we weren’t going to raise individual $1.6 billion was specified for specialty crops— ministration, which has opposed this taxes. We weren’t going to increase most of this money going to California—a bipartisan effort, it was clear that a corporate taxes. So I thought that state that is ranked 10th nationally in receiving common sense and political sense veto threat was headed our way. federal subsidies. Additionally, $150 million would mean that we would find out A bipartisan farm bill without this was set aside in the bill for air pollution in who is not paying taxes and bring that tax increase would have produced a California. revenue in so that we can have a bipar- veto-proof majority and would have Secondly, conservation funding receives a sent this farm bill soaring into the ne- tisan agreement in the House and the Senate in order to do this. $1.35 billion increase in funding. A significant gotiations with the Senate. Now this amount of that money has been set aside for farm bill will not be an effective prod- Now, strange things can happen, and it appears as though it has. But I just specific watersheds. In particular, the Chesa- uct to move American agriculture for- peake Bay Region is receiving $400 million ward. want you to know that you can call it offset. You can call it revenue enhance- alone for conservation programs for this water- I urge my colleagues to reject this shed. legislation. ment. And we call it fraud and evasion and equity and fair play. And it is com- Historically, the Chesapeake Bay and other Madam Chairman, I reserve my time. watersheds specified in the bill have received Mr. PETERSON of Minnesota. I’m ing out of the tax-writing committee. I just hope you never come to the billions of dollars in the past for these efforts now pleased to yield 2 minutes to my tax-writing committee and ask for re- and should not be given special preference in good friend, the distinguished chair- lief and, when you get it, say you don’t this bill. Chesapeake Bay has received over man of the Ways and Means Com- want tax increases. $700 million annually for conservation pro- mittee, Mr. RANGEL from New York. Mr. GOODLATTE. Madam Chairman, grams addressing the watershed. Why do they (Mr. RANGEL asked and was given I yield myself 10 seconds to say to the need preference throughout the program when permission to revise and extend his re- chairman of the Ways and Means Com- the rest of the nation is also addressing similar marks.) mittee that neither I nor any other Re- issues? Mr. RANGEL. Madam Chairman, it’s publican on this committee that I I am specifically concerned over the pref- an honor for me to be here. I wish that know of ever went to him and asked for erence being given to several watersheds we didn’t have to mark up the SCHIP any, any funds whatsoever, certainly under the new Regional Water Enhancement bill so that I could be here for the rest not from a tax increase. Program. I was pleased that this new program of the theater. Madam Chairman, at this time it is was included in the bill—it is an issue very I have been overly impressed with my pleasure to yield 1 minute to the close and dear to my heart. I have been work- the remarkable bipartisan work that gentleman from Alabama (Mr. EVER- ing on this legislation for several years and I Mr. GOODLATTE and Chairman PETER- ETT), the distinguished ranking mem- am pleased that much of the language of my SON have been doing on a very com- ber on the Agriculture Committee. Farm Reservoir Act has been included in this plicated piece of legislation. And I was (Mr. EVERETT asked and was given program. This program will provide cost-share very surprised that, with their ability permission to revise and extend his re- assistance to agricultural producers for to, so-call, offset the expenditures of marks.) projects like the construction of on-site res- the bill, that they came to the conclu- Mr. EVERETT. Madam Chairman, I ervoirs. It upsets me that specific watersheds sion that when it came to food stamps rise in strong opposition to the 2007 were given priority consideration under this they ran out of money. farm bill. The budget resolution that program. b 2000 we were forced to work with was woefully inadequate for production agri- Fortunately, an amendment during full mark- Ran out of money to such an extent culture. Moreover, the Ways and Means up was included to limit these watersheds in that I was really completely taken off Committee, regardless of what the receiving no more than half of the funding. guard when they told me that the Ways chairman says, included a tax increase However, I believe that the Regional Water and Means Committee should provide on companies to pay for this bill. Enhancement Program should not be a place $4 billion to pay for the food stamps. I have great concerns for Southeast for ‘‘earmarks’’ but open to all regions of the And I admit I don’t follow the Agri- peanut producers, who grow almost 85 country—all who are dealing with water issues culture Committee’s work as closely as percent of all peanuts grown in this that are important to their region. I should have. But knowing that Re- Nation. They are the number one losers For my part of the country, farmers in the publicans as well as Democrats wanted in this bill. There is included, in the Southeast are facing a devastating drought to make certain that 26 million people manager’s amendment, an important and farmers are faced with the loss of most— will continue to have food stamps, I new initiative that will not only help if not all—of their crops. Many ranchers are said, where would you expect the tax- all peanut producers address rising being forced to sell their herds since they writing committee to get the money input costs, but will ensure greater have no feed for them. This program would that is necessary to keep this bipar- yields and better stewardship of the help many of these farmers to build farm res- tisan agreement to? I assume if you land through enhanced crop rotation. ervoirs that will help farmers during these dif- went to the Energy and Commerce But the $10 million annually allocated ficult times and could help save many of their Committee, you would be going there for this program is not enough to en- crops—a savings to taxpayers in the future in for energy. If you went to the Trans- sure this program is successful. crop insurance and disaster payments. portation Committee, you would go The ‘‘Farm Bill’’ is called the farm bill for Some would try and argue that my state is there for transportation. And I assume one reason—to address agricultural needs of guilty of also receiving large subsidies that I that we talk the same language, and our farmers and ranchers. However, the bill have just spoken against. Many of you may be the Ways and Means Committee is the before us seems to forget the farmer and rural surprised to know that Alabama is in the bot- tax-writing committee. America—specifically at a time when many of tom half of the nation in receiving federal sub- And when you said it was important them are facing difficult times. sidies—27th out of 50. I like to also point out to maintain this bipartisan agreement, I understand the financial constraints that that 72 percent of all farmers and ranchers in I looked over the jurisdiction of the we had to work on this bill. But in light of Alabama do not collect government subsidies.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 9920 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8690 CONGRESSIONAL RECORD — HOUSE July 26, 2007 These are the same farmers and ranchers Our bill reauthorizes the historic and I would have never thought that I that are struggling with severe drought condi- widely praised Public Law 480 food aid would be standing on the floor of the tions and are hoping for some federal assist- program. Public Law 480 was originally United States House advocating ulti- ance to help them get through these difficult established in 1954, and it propelled the mately a ‘‘no’’ vote on the farm bill. I times—whether through disaster payments or United States into worldwide leader- would have never thought that. As a federal programs like the Regional Water En- ship in the donation of food to devel- farmer from Oklahoma, as an indi- hancement Act. However, a permanent dis- oping nations and their millions of peo- vidual with a degree in agricultural ec- aster payment was not incorporated in this bill ple. For more than half a century, our onomics from Oklahoma State, I would because there was not enough money. groundbreaking law has utilized the have never thought that I would be ad- All of the programs in the Farm Bill are im- abundant agriculture resources of vocating a ‘‘no’’ vote on a farm bill. portant but to receive such a drastic increase America to help ameliorate hunger How did we get to this point? Let’s while producers are struggling does not seem around the globe. remember, first and foremost, farm right. Claiming there is no money to include a Public Law 480 and the other food aid bills, while the goal is to help rural permanent disaster payment program for farm- programs are so successful because of a America, while the goal is to help ers who face significant financial loss of crops simple recipe: the combination of the make farming and ranching a thriving due to natural disasters like hurricanes, American people’s compassion, and the industry, the real goal is providing the drought, wild fires, disease, pests and torna- dedication of private organizations and food and fiber supply that feeds and does—is wrong! the companies that make the programs clothes this Nation and the world. And I look forward to continually working with the work. This supply chain highlights the since the 1930s, we have done an excep- Chairman and Ranking Member to address unparalleled productivity of our farm- tional job with these farm bills, an ex- many of these concerns as we move forward. ers and processors and the dedication ceptional job, and it has been a non- Mr. PETERSON of Minnesota. of those who administer, transport, and partisan, nonpolitical process. We may Madam Chairman, I am pleased to distribute food aid. disagree by region, we might disagree yield 6 minutes to the distinguished This broad and diverse network has by commodity group, but it was always Chair of the Foreign Affairs Com- enabled Congress and the executive pulling together for the good of this mittee, my good friend Mr. LANTOS branch to sustain strong funding levels country and the consumers that we from California. to feed the world’s hungry for decades. serve around the world. Mr. LANTOS. Madam Chairman, I Our legislation before Congress today We have now come off of two ex- want to thank the distinguished chair- maintains this strong coalition; yet at tremely successful farm bills: the 1996 man of the Agriculture Committee, my the same time, it updates and modern- bill with its dramatic reform, flexi- good friend from Minnesota, COLLIN izes the program to make it more effec- bility in production decisions, cer- PETERSON, for his outstanding leader- tive. tainty of payment; the 2002 farm bill, ship on this critically important bill. building on that with a safety net. Two Today we reconfirm one of this gov- I am particularly delighted to highlight that this bill restores mandatory very successful farm bills. ernment’s most solemn commitments: As a matter of fact, they were so suc- funding for the landmark McGovern- reaching out to help the most des- cessful that the amount of money set Dole program, which lives up to the ac- perate people on the planet. By reau- aside for the 2002 farm bill, we spent $60 complishments of the two great former thorizing and strengthening the long- billion less than was projected, and Senators, one Republican, one Demo- standing and successful Public Law 480 that was where we got into trouble, crat, who created it. This program spe- food aid program, we show the entire and that is what has got us to this cifically targets the legions among the world that we are serious about using point. Sixty billion dollars we saved, world’s starving who are least able to our vast resources for resoundingly and we got not one penny’s worth of help themselves: the children of the positive action. credit for it. The 850 million people around the poor across the globe. So we began this farm bill process globe without sufficient food cling to a The bill also increases funding for de- with $60 billion less than we had 5 precarious existence: foraging for daily velopmental food aid. The administra- years ago. That was a decision made by sustenance, unable to take care of tion in recent years has blurred the the senior leadership in the new major- their starving families, and locked into line between so-called ‘‘developmental ity. When you are $60 billion down and a perpetual cycle of poverty and hun- food aid’’ and ‘‘emergency food aid.’’ trying to move successful and popular ger. But with 850 million people starving on programs forward, you have got prob- this planet and the vast majority of The lack of food is particularly vi- lems. Chairman PETERSON worked dili- cious for HIV and AIDS patients, whose them chronically short of sustenance, gently. The entire committee worked medications often make them even the beneficiaries of developmental food diligently. But, ultimately, when we hungrier. They now live longer with aid are just as needy as recipients of were not given credit, we had to depend the medications the United States has emergency food aid. They don’t care on a massive tax increase. provided under landmark legislation what pot of money funds the donated we in Congress passed 5 years ago, but, food; they only care to see their fami- b 2015 Madam Chairman, in a cruel twist of lies fed. Mr. PETERSON of Minnesota. fate, they trade the pains of the disease The manager’s amendment proposed Madam Chair, I yield myself 15 seconds for the pangs of hunger. by the distinguished chairman Mr. PE- to respond. The plight of the starving represents TERSON includes language that was I just want people to remember what one of the most disturbing and dire so- passed by my Foreign Affairs Com- happened with the ’95–’96 farm bill, cietal shortfalls on this planet, and ad- mittee authorizing a critical $2.5 bil- which was a partisan farm bill. So, dressing worldwide hunger represents lion for international food aid pro- we’ve been down this road before. the most unambiguous American moral grams. I recognize the distinguished sub- obligation that faces us today. I urge all of my colleagues to join me committee chairman, my good friend, That is why the international food in passing this most important legisla- Mr. HOLDEN from Pennsylvania, chair- aid programs reauthorized in Chairman tion, which will ensure the United man of the Conservation Credit, En- PETERSON’s bill we are considering States continues to lead the way in ad- ergy and Research Subcommittee and today demand our full and enthusiastic dressing the patently unacceptable vice-chairman of the House Agri- support. We sit here discussing this bill plight of the world’s hungry. culture Committee, for 2 minutes. in the comfortable, air-conditioned Mr. GOODLATTE. Madam Chairman, Mr. HOLDEN. Thank you, Mr. Chair- Capitol, where we cannot really fathom at this time it is my pleasure to yield man, for yielding the time. And thank what it is like to be scrounging for food 2 minutes to the gentleman from Okla- you for your leadership on this impor- in one of the world’s many developing homa, another of our ranking members tant piece of legislation that we have nations. I hope my colleagues will re- on the committee, Mr. LUCAS. worked on in a very bipartisan manner. member this when considering any ef- Mr. LUCAS. Madam Chairman, I And thank you for the leeway that you fort to weaken these indispensable ini- thank the chairman and ranking mem- have given the subcommittee chairman tiatives. ber for this effort this evening. in bringing this product to the floor.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8691 And it’s not easy. We are a diverse COOL, and the amendment passed with And the Rural Broadband Loan pro- country when it comes to our agri- strong bipartisan support. I have con- gram and the Community Connect culture interests, and the diversity on tinued to push for mandatory labeling Grant program are two extremely im- the committee reflects that. But we all of fresh fruits and vegetables ever since portant pieces that will help the citi- came together. We all gave up things 2001, and the debate has definitely zens of rural America, making sure that we wanted in the bill. The chair- evolved ever since. they have access to high-speed Internet man has been talking for 2 years about Because of this, led by the efforts of that can often make the difference in permanent disaster relief. That’s not in Chairman PETERSON and Ranking the success of rural business and rural the bill because we couldn’t afford ev- Member GOODLATTE in having all view- opportunities, and help our businesses, erything. Everything that I wanted for points come together to discuss a solu- schools, health, and make sure that the northeast is not in the bill. Every- tion, we now have a product that can family life is better. thing the ranking member wanted for be widely supported by consumers and Just below this Chamber, downstairs Virginia or my good friend, Mr. LUCAS, farmers. In particular, the changes re- on the first floor of this historic build- for Oklahoma is not in the bill. We all lating to produce will ensure that we ing, you can look up at the ceiling and had to come together, and we have de- have sound policy that isn’t subject to see inscribed there the words of Daniel livered a product that is fair. the whim of misinterpreting congres- Webster who said that ‘‘farmers are the sional intent by the Department of Ag- In the subcommittee that I chair, founders of civilization.’’ I hope that, riculture. From reasonable fines and under the conservation title, a $4.3 bil- indeed, all of us will remember this; penalties for not following the law to a lion increase in conservation; that’s that our very existence depends on the above baseline, 35 percent increase. We provision that allows for the labeling success of our farmers and on agri- went around the country hearing what of a State or region from which the culture in making sure that rural farmers cared about the most about product came to further spotlight our America is respected and able to suc- conservation; it was EQIP. What did we high-quality domestic production, the ceed as it will under this bill. agreement on COOL is a strong one as do with EQIP? We put 50 percent addi- Madam Chairman, I urge all of our depicted in the Manager’s Amendment. tional funding in EQIP. colleagues to support this bill so that, In my neck of the woods and in the Madam Chairman, with recent con- indeed, it will be the strong success we ranking member’s neck of the woods in cerns over importing products from need throughout rural America. the mid-Atlantic, farmland preserva- foreign countries like China, the im- tion, by far. When we went to New portance of country of origin labeling Mr. GOODLATTE. Madam Chairman, York to have the hearing, the impor- as a matter of public safety and the at this time, it’s my pleasure to yield tance of farmland preservation. In this right of the consumer to make an in- 1 minute to the gentlewoman from Col- bill, we have a 100 percent increase in formed choice has only become more orado (Mrs. MUSGRAVE), a very strong farmland preservation, as well as other urgent. member of the committee. Again, I want to express my sincere water quality improvements. For those Mrs. MUSGRAVE. Madam Chairman, appreciation to Chairman PETERSON for who care about the Chesapeake Bay, I come tonight to this floor with a very his interest and focus on addressing $150 million for river restoration. So we similar attitude that most of us on this this issue, as he was able to bring par- have a strong conservation title. side of the aisle are feeling. We have Credit. We made improvements for ties together for a reasonable and bi- worked together on this farm bill, partisan solution to mandatory COOL. worked in good faith with the chair- credit that we will be discussing short- Mr. PETERSON of Minnesota. I am ly after general debates that will make man and the subcommittee chairman. now pleased to recognize another sub- And as the ranking member of the Sub- credit more accessible in rural Amer- committee chairman, the chairman of ica. committee on Specialty Crops and the Specialty Crops Subcommittee and Rural Development, I can say that the Energy. Everybody in this Congress, my good friend from North Carolina not just committee, but everybody in most important work in Congress that (Mr. MCINTYRE) for 2 minutes. this Congress has been talking about Mr. MCINTYRE. Thank you, Chair- I have been doing is on this farm bill. the need for us to become more energy man PETERSON, for your leadership But in the markup committee proc- independent. In this bill, we have $2.4 throughout the development of this ess, Madam Chairman, I offered an billion in the energy title; $2 billion in farm bill and working diligently to amendment with a sense of Congress loan guarantees so we can help this in- craft a bill that protects our Nation’s being that there would be no tax in- fant industry of cellulosic ethanol and farmers, our environment, and our creases to pay for this farm bill. And biodiesel and take advantage of our ag- families of rural America. the chairman of the committee, ricultural natural resources that are so The legislation under consideration Madam Chairman, ruled it out of order, abundant in this country so that we by this House is critically important to and his words were, ‘‘No one here is can now take a step towards being no rural America. I’m pleased that our talking about a tax increase.’’ longer dependent upon the smooth, subcommittee has worked on this to So, we’ve gone in good faith in devel- continuous flow of oil from the Persian make sure that the value of agriculture oping this farm bill, but now all bets Gulf. is clearly understood. are off because we were not told the This is a good bill, and I ask every- The peanut industry contributes $800 truth, and we find ourselves tonight in one to support it. million in value to our rural areas. The the very awkward position of having to Mr. GOODLATTE. Madam Chairman, sugar industry creates some 372,000 di- oppose a farm bill that we helped craft at this time, it is my pleasure to yield rect and indirect jobs in 42 States, and because of the tax increase. 1 minute to the distinguished Member our rural development programs fill a Mr. PETERSON of Minnesota. from California (Mrs. BONO). critical gap in providing infrastructure Madam Chairman, I am now pleased to Mrs. BONO. Madam Chairman, I for our rural areas, ensuring that folks recognize the chairman of our General share the concerns of the gentleman in rural America have adequate EMS Farm Commodities Subcommittee, the from Oklahoma (Mr. LUCAS). But I also units, fire trucks, libraries, and water gentleman from North Carolina (Mr. would like to speak today on a specific and sewer systems. THERIDGE), for 2 minutes. provision within H.R. 2419 that I’m Particularly with regard to rural de- E happy to say will soon bring to resolu- velopment, this bill will further en- Mr. ETHERIDGE. I thank the chair- tion the implementation of what Con- hance these rural programs that will man for his hard work, and really on gress has wanted for 6 years, country- allow rural America to have better ac- both sides of the aisle, for all the Mem- of-origin labeling, the act of simply cess to technology and better help for bers who put in long hours, who trav- letting U.S. consumers know where the rural entrepreneurs. In fact, the new eled across this country and listened to product they’re picking up in the gro- Rural Entrepreneur and Microenter- farmers and commodity groups speak. cery store is from. Sounds simple, log- prise Assistance program will reach Madam Chairman, I rise today in ical and straightforward; yet for too some of our most important businesses, strong support of H.R. 2419. It’s an im- long Congress has been putting off the those companies employing 10 or less portant piece of legislation. implementation of mandatory COOL. people, which now are the biggest driv- Madam Chairman, this has been a In 2001, I introduced an amendment ers of economic development in rural long process. In the early part of the to the last farm bill to provide for America. year, our Subcommittee on General

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8692 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Farm Commodities and Risk Manage- keting, education, pest and disease manage- will not become dependent on import- ment continued to hold hearings. We ment, production, and food safety. ing food as we have become in import- listened to groups. All the groups We are strengthening the nutrition title ing energy in this country. came, they talked, they made their through extra money for the Emergency Food And you can imagine my disappoint- recommendations. Assistance Program; raising the minimum ben- ment because we’ve worked in a very The message we heard from farmers efit for Food Stamps, which hasn’t been done bipartisan way with the chairman, was that they like the basic framework since 1977; and eliminating cap on dependent working on the safety net for American that was created under the 2002 farm care, which opens up the program to more producers when the commodity prices bill. Not only did we preserve that working families. were low and then working on a safety framework, but we made improvements We are reforming crop insurance to provide net when we have drought conditions, so that the safety net worked more ef- better coverage for organic producers; ex- weather conditions, to provide an addi- fectively. panding data mining to root out waste, fraud, tional safety net for them. And yes, as a result of the farm bill and abuse; and providing an extra option for But unfortunately, we were duped, I in 2002, we saved money, which meant producers to obtain supplemental area-based guess is the best way I can say it. As that we had a greater challenge. We crop insurance in addition to their current rev- we were working along with the leader- maintained the three-legged stool that enue or yield policies. ship, they kept saying we are going to supports farmers through direct pay- We have accomplished all this, and so find some additional offsets so that ments, counter-cyclical payments, and much more. But we did it with a responsible they can expand these nutrition pro- marketing loan benefits. We adjusted budget. Operating under the Pay As You GO grams while at the same time asking loan rates and target prices to achieve (PAYGO) requirements has posed difficult American producers to take cuts in a rebalancing between commodities challenges for the Agriculture Committee, but payments, but with the understanding that was long overdue. I believe we have managed to preserve for that we weren’t going to have any new We included several improvements to farmers a sound safety net that provides extra taxes. Unfortunately, Madam Chair- the cotton marketing loan program to protections, while staying within our budget. man, that isn’t the way this farm bill make it more reflective of current In addition to my service on the Agriculture was written up. market realities and values, as well as Committee, I serve on the House Budget Today, without any debate, without corrected problems in the program that Committee. Yesterday, we had a hearing with any discussion, the American people’s we experienced since the elimination of the Director of the Congressional Budget Of- farm bill was put in jeopardy. It now the Step 2 program. fice and the Comptroller General of the United faces a Presidential veto. It now faces We also provided assistance to the States. opposition from Members of this body textile industry to enhance their com- They testified about the budget calamity this that would have voted for this farm petitiveness and help keep those jobs Administration and the previous Republican bill, but now they are not going to vote here at home. Majority have left this country in. A calamity for this farm bill because it raises This could be called not only an Ag which made the job of passing a farm bill that taxes. bill; it’s a jobs bill, as well as a na- much harder this year. And what we’ve known and what tional defense bill, because we use it According to their testimony, were it not for we’ve tried to say to the American peo- for food and fiber to feed our people. the policies of this Administration and its Re- ple over the last few months is we I’m also proud that we’re also pro- publican allies in Congress, the federal budget knew this was coming because this new viding farmers with the opportunity to would be in balance today. leadership has started off on the old experiment with revenue-based Yet the Republican priorities are so out of way they used to do business under the counter-cyclical programs. While most whack that today, one of the fastest growing promise of doing business in a new producers are satisfied with the cur- segments of the federal budget is interest on way, by taxing and spending, taxing rent counter-cyclical program, some the national debt. and spending. And it’s unfortunate that farmers are interested in the revenue- And most of that debt is financed by foreign we would bring that kind of politics to based approach. countries like China who may not always have the American farm policy. Providing farmers with the option to choose America’s best interests at heart. Mr. PETERSON of Minnesota. between these two types of counter-cyclical It was a Democratic Congress that restored Madam Chair, may I inquire as to how programs allows them to make the best eco- fiscal discipline to the federal budget through much time is remaining on both sides? nomic decision for their families. This revenue PAYGO rules, and this Farm Bill responsibly The CHAIRMAN. The gentleman counter-cyclical program will also provide us adheres to those rules. from Minnesota has 51⁄2 minutes; the with better insight into how the program works I thank the Chairman for his hard work on gentleman from Virginia has 171⁄2 min- so we can determine if it is a better model for moving this bill to this point, and I urge my utes. future farm bills. colleagues to support farm families, support Mr. GOODLATTE. Madam Chairman, H.R. 2419 contains Rural Development pro- feeding children, support moving to renewable at this time, I am pleased to yield 2 grams that will better facilitate the financing of fuels, and vote for H.R. 2419. minutes to the gentleman from Lou- essential rural infrastructures like public water Mr. GOODLATTE. Madam Chairman, isiana (Mr. BOUSTANY). and waste disposal systems. It establishes at this time I am pleased to yield 2 Mr. BOUSTANY. I thank the ranking grant and loan programs for rural healthcare minutes to the gentleman from Texas, member for yielding time. facilities. It will improve access to broadband another of the subcommittee ranking Madam Chairman, we started off in a telecommunications services in rural areas. members on the Agriculture Com- very bipartisan way to put this to- The Bill also expands funding for a host of mittee, Mr. NEUGEBAUER. gether. We worked in good faith. We conservation programs, including the Environ- Mr. NEUGEBAUER. Madam Chair- worked long hours to come up with a mental Quality Incentives Program (EQIP). man, I woke up on Monday this week really good farm bill. And when it was Maintaining the 60 percent share of EQIP very excited about the opportunity to all done, we all felt very good about it. funding for livestock is extremely important to bring this farm bill to this floor, but as We had a great night. We patted our- North Carolina’s poultry and pork producers. you can imagine, my disappointment selves on the back, very pleased with As a representative from one of the most tonight because of the culmination of 2 the commodities program, pleased with agriculturally diverse states in the Nation, and years worth of hearings all across conservation. It was a good bill. a member of the Horticulture and Organic Ag- America, subcommittee hearings, 31 And where are we today? We’ve had riculture Subcommittee, I am particularly hours of markup in full committee this tax provision put in at a late hour. pleased that we are providing, for the first time working on a bill that is going to be We have a tax provision that was not ever, mandatory dollars for programs that ben- good for America, good for American properly vetted by the Ways and Means efit fruit and vegetable producers as well as agriculture, working in a bipartisan Committee. It was placed in this by the the ever growing organic agriculture industry. way to make sure that all of agri- Democratic leadership, using the Rules For our tobacco farmers who have been try- culture has a bright future for this Committee to legislate. And this has ing to get into specialty crop production since country, making sure that America threatened a very good farm bill. the buyout, these new programs will support will have a good source of food and There are problems with this. First the industry through projects in research, mar- fiber for the years to come and that it of all, I don’t think we really know

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8693 what the real impact is going to be Sadly, we have gone from a bill that But I felt that it did make progress in with this tax provision on the cost of should have passed with broad bipar- promoting agriculture entrepreneur- feed, fertilizer and pesticides. Many of tisan support to one that will not enjoy ship, agriculture-based energy produc- the companies that are going to be that support. tion and a renewal of conservation in taxed with this new tax will be forced Madam Chairman, I urge my col- land stewardship goals. to raise prices on this. And our farmers leagues to oppose it. But the end of this process has been are already suffering from the high Mr. PETERSON of Minnesota. seriously disappointing. The spirit of cost of inputs, particularly in my State Madam Chairman, I yield 2 minutes to the Agriculture Committee’s work has of Louisiana, which is suffering from the chairman of the Livestock, Dairy been violated. I want a vibrant agri- the aftermath of two hurricanes. and Poultry Subcommittee, my friend, culture system that feeds our country, Furthermore, this bill has Davis- the distinguished gentleman from Iowa helps feed the world and in turn pre- Bacon provisions in this which are (Mr. BOSWELL). serves a way of life, a tradition that going to hurt a nascent industry, the (Mr. BOSWELL asked and was given marks the character of our great coun- nascent cellulosic ethanol industry. I permission to revise and extend his re- try. spoke to the CEO of a company today, marks.) Madam Chairman, I urge the major- and this is going to raise the cost of Mr. BOSWELL. Madam Chairman, I ity party to get this process back on building these new facilities by 10 to 20 thank the chairman for his hard work. track. percent. This is an industry that we Madam Chairman, how many times Mr. PETERSON of Minnesota. want to see grow. We don’t want to tax do we have to hear over and over and Madam Chairman, I yield 2 minutes to it. over from the borrow-and-spend com- my friend, the gentleman from Cali- Finally, the bill places unfunded munity across the aisle here? I hope fornia (Mr. BACA), another of our great mandates on the States. I tried in com- that they would remember there are subcommittee chairmen, the chairman mittee with an amendment and tried to positive things that happened. of the Subcommittee on Department get this to a full floor debate to help We brought the livestock community Operations, Oversight, Nutrition, and our States continue to modernize the together. They are moving forward. It Forestry. Food Stamp program, to have the flexi- is good for America. We brought the Mr. BACA. Madam Chairman, I rise bility to do the right thing. This bill, dairy community together. For per- in strong support for this farm bill. Let the underlying bill, has provisions in it haps the first time, there is no dairy me say that clearly this bill does not that take away the flexibility that our war going on because they sat down in increase taxes. As chair of the Sub- States currently have. It puts the a compromise. We can’t thank them committee on Department Operations, State of Indiana in real jeopardy, at enough. You might remember that. Oversight, Nutrition, and Forestry, I risk of losing $100 million. Also, we addressed the issue of manda- want to say that I am especially proud This bill is less and less about farm- tory country of origin labeling. We of this farm bill, what it does for the ers and it’s more and more about pure worked out a compromise. We are nutrition of minorities, seniors, disabled, single parents and for our vet- raw politics. going to go forward and meet the con- erans. sumers’ wishes on that. b 2030 Right now there are 38 million Amer- As chairman of the Livestock, Dairy Mr. GOODLATTE. Madam Chairman, icans who do not have enough to eat. and Poultry Subcommittee, I cannot I am pleased to yield 2 minutes to the Eleven percent of the population are say how pleased I am for those com- distinguished gentleman from Texas going hungry. Today in the Latino (Mr. CONAWAY), a member of the Agri- promises and the overall steps this leg- community and the African American culture Committee. islation takes. Is there still room for community, that rate is double. Mr. CONAWAY. Madam Chairman, improvement? Sure, there is. But the This farm bill fights hunger in Amer- this bill left our committee on a bipar- Agriculture Committee came together ica by making an historic investment tisan basis and with my enthusiastic and wrote a farm bill for 50 States that in nutrition. Our nutrition title will support. I agree with many of the laud- would not only benefit farmers, ranch- benefit over 13 million American fami- atory comments made by my col- ers and rural America, but benefits ev- lies. leagues across the aisle. You will hear eryone. Currently the average food stamp re- that there is a broad group of associa- As everyone walks away today at the cipient receives only $21 a week. That tions, commodity groups, and, most time when we finish this bill, I would is unacceptable. This farm bill will importantly, producers that support like them to remember one thing: make food stamps keep up with the the bill that left our committee. Every man, woman and child has a cost of living. Gas, health care, housing Now you need to know the rest of the vested interest in agriculture. By en- and grocery bills have gone up, but story. My colleagues and I were repeat- suring that our producers have an ade- food stamps haven’t kept up. We are edly told that the necessary offsets quate safety net, we in turn ensure we going to change that. would not come from tax increases. We have the safest, most plentiful and af- This is going to help working fami- have just heard Chairman RANGEL con- fordable food in the world. lies, our disabled, our senior citizens, firm that his taxing committee pro- Mr. GOODLATTE. Madam Chairman, our veterans and our single parents. vided taxes for the offset. I was misled, I yield 1 minute to a distinguished Most importantly, it is going to help I hope unintentionally, but nonetheless member of the Agriculture Committee, our children. Fifty percent of food misled. Over the last 48 hours, poison the gentleman from Nebraska (Mr. stamp recipients are kids. That is what pills have been added that the cynical FORTENBERRY). this farm bill is about: feeding our chil- among us would conclude were inten- Mr. FORTENBERRY. Madam Chair- dren; leaving no child behind. This tional; short-sighted, but intentional. man, I am a proud member of the Agri- farm bill will ensure that children will Each of us must weigh the good and culture Committee. My grandfather have access to fresh fruits and vegeta- bad in all the legislation that we con- was a county agent. My mother was an bles in all schools by expanding the sider. Great judgment is required. Last extension service agent. One out of USDA snack program to all 50 States. week at this time, almost at this exact three Nebraskans make their living in This farm bill ensures that senior time, I fully expected to be here to- the field of agriculture. citizens and disabled adults have night perhaps fighting off bipartisan Of all the rancor and divisiveness in enough to eat by continuing the Com- opposition to this bill, but nonetheless this House, the Agriculture Committee modity Foods Supplemental Program supporting this bill, not participating has been one place where cooperation and expanding access to farmers’ mar- in a raw, partisan fight that was to- and comity is the tradition. I was kets. tally unnecessary. proud to be a part of crafting this farm What it will also do is help military This bill is proproducer and bill. The farm bill passed out of com- families. For the first time, this bill prohungry around the world, but it is mittee by a voice vote. No one ob- exempts military combat pay from antibusiness and antimanufacturing jected. being counted against the income of jobs. It is an affront to States rights It is not perfect. It is a huge piece of men and women who are fighting for and unnecessarily panders to unions. legislation with many moving parts. us.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8694 CONGRESSIONAL RECORD — HOUSE July 26, 2007 Madam Chairman, I urge my col- be sworn into this body, and I listened Mr. CARDOZA. Madam Chairman, I leagues to vote for this bill. It is an ex- to our Speaker sit up at that podium rise in support of the bill. cellent bill that meets needs across and say this body was going to talk Mr. Chairman, I’m proud to stand with you, America and helps all of us. about partnership, not partisanship. on the House floor, at this historic moment in We’re also going to make it easier for them When I went onto the Agriculture the development of U.S. farm and food policy. to handle their paperwork processing by allow- Committee, I thought I found that For the first time in the history of the farm ing telephone signatures. partnership. For 6 months, we worked bill, this year our farm policies will put fruit and And what about our military families? This is in a bipartisan manner, and I will tell vegetable growers on an equal playing field the first Farm Bill to exempt Special Military you, I was proud of the fact to work with commodity farmers. Fruits and vegetables Combat pay from being counted against our with my colleagues, my colleagues like are a growing and important component of military families who are trying to make ends JIM COSTA and DENNIS CARDOZA. We American agricultural output. meet while their loved ones are serving in worked together in a bipartisan fashion In 2006, U.S. production of specialty places like Iraq or Afghanistan. on bills such as this farm bill. We even crops—fruits, vegetables, tree nuts, dried fruits We have fought to ensure that Food Stamps looked to the 21st century and putting and nursery crops—accounted for $53 billion, cannot be privatized—and we have taken an in specialty crops. We have done tre- or 44 percent of total U.S. crop receipts. The fruit and vegetable industry benefits extra step in this Farm Bill to remove the stig- mendous items when it comes to this farm bill. from marketing, research, and educational ma in the Food Stamp program. programs, rather than traditional crop sub- We are going to eliminate embarrassing But I will tell you that that was all taken away this week. That all sidies, to manage the challenges of increased coupons, transition everyone to EBT cards global trade and foreign competition. These and change the name of the program to the changed when we now decide to raise taxes, $4 billion. Instead of looking for challenges include increasing domestic con- Secure Supplemental Nutrition Access Pro- sumption, reviving export growth, aggressively gram, or SSNAP. the future, instead of thinking of our children, who are going to compete for managing food safety, and mitigating pest and Now our working families will be able to go disease problems. to the store, swipe their SSNAP cards and the first time since the 1860s, to have economies that are going to compete in The 2007 Farm Bill addresses these chal- bring food home to their children with dignity. lenges by providing $365 million in new man- We also help support our food banks and America, to be as large as or even larger when you talk about China and datory funding for the specialty crop block soup kitchens by giving large increases to The grant program. Block grants are vital for en- Emergency Food Assistance Program. India, now we are going to take away jobs. That is not partnership. That is suring that solutions to these myriad chal- The ‘‘TEE–FAP’’ not only serves our home- lenges are flexible and locally driven. partisanship. less, but provides life-saving assistance to our This bill also responds to the pest and dis- And it is not like we bring up a farm families after natural disasters, like Hurricane ease management needs of the specialty crop bill every year, or we even bring it up Katrina. industry by establishing a comprehensive early every 2 years. We only talk about a Simply put, this Farm Bill strengthens our pest detection and surveillance program. The farm bill twice every decade. We are Nutrition safety net like no other firm bill has bill provides $200 million in mandatory funding missing an opportunity. We are miss- ever done before! for this new program to work in cooperation ing a very big opportunity. This farm bill is also historic in its commit- That disappointment, when I think with State departments of Agriculture. The needs of America’s nurseries are ad- ment to diversity in Agriculture. back 6 months ago when I listened to dressed by directing USDA to collaborate with This bill increases agriculture opportunities our Speaker say that, I listened earlier for underserved communities such as African nursery industry organizations as it develops, tonight to our debate when we had our tests, and disseminates new systems of nurs- Americans, Hispanics, Native Americans, and chairman from the Ways and Means Asian-Pacific Islanders. ery pest and disease management. Committee down here talking about It also establishes within USDA a program We give $150 million dollars in mandatory why he wanted to raise taxes. And I lis- funding for outreach to small and socially dis- for a National clean plant network. This net- tened earlier this week when we had work will provide a sustainable source of pest advantaged farmers. appropriation bills, and you wonder This bill also requires an annual report to and disease free horticulture stocks. where does the money go? We build ORGANIC AGRICULTURE Congress to see if our outreach to minority monuments to ourselves, because peo- farmers is working. This bill responds to the preferences of con- ple think they have served in this body sumers across the United States by making The Farm Bill also creates an Advisory long enough that they should spend $2 Board to deal with civil rights violations. an unprecedented investment in organic agri- million building their own libraries. culture. Organic foods are the fastest growing We require that 10 percent of conservation That is not what the American people funding go to our small and disadvantaged sector of U.S. retail food sales—growing at are asking for. That is not what the approximately 20 percent annually over the farmers and ranchers. American people are looking for. The Farm Bill also creates new programs past decade. I guess I when I think back 6 months In 2006 organic retail sales reached almost and increases funding for minority serving in- ago, the Speaker should have looked at stitutions and tribal colleges. 3 percent of the entire United States food and a quote from Dwight Eisenhower, when beverage market. The 2007 Farm Bill recog- In addition—we have preserved the Davis- Dwight Eisenhower said, ‘‘You don’t Bacon provision to ensure workers in rural nizes growth in the organic food sector by ex- lead by hitting people over the head. panding the assistance available to producers America earn a decent wage. That is assault, not leadership.’’ converting from conventional agriculture to or- We have worked hard to create a Reform Let’s send this bill back and have ganic production. Farm Bill that includes all of us—farmers, real leadership, and go back to the bi- To help with the transition the 2007 Farm working families, minorities, urban commu- partisanship that the Agriculture Com- bill provides $22 million in mandatory funding nities, rural America. mittee has experienced for the last dec- for the National Organic Certification Cost This bill is a good bill that will ensure that ades, because there is only two chances Share program. all Americans get a fair shot. we have for it for the next decade. Organic farmers need reliable market infor- It makes a historic investment in nutrition Madam Chairman, I ask for a ‘‘no’’ mation to assist them in production and mar- and increases opportunities for traditionally un- vote. keting decisions. derserved communities. I urge my colleagues Mr. PETERSON of Minnesota. This bill does that by providing $3 million in to support this vital legislation. Madam Chairman, I yield for purposes mandatory funding for data collection on price, Mr. GOODLATTE. Madam Chairman, of a unanimous consent request to the production volume, and other organic market I am pleased to yield 3 minutes to the gentleman from California (Mr. characteristics. Most data currently collected gentleman from California (Mr. CARDOZA), the subcommittee chairman by USDA is of little relevance to organic pro- MCCARTHY), a new member of the com- of the Subcommittee of Horticulture ducers because it is collected without regard mittee who has distinguished himself. and Organic Agriculture, one of our to the method of growing. Mr. MCCARTHY of California. I outstanding Members, who has done a The historic recognition of the horticulture thank the ranking member. great job. and organic industries in the 2007 Farm Bill is Madam Chairman, I rise today in dis- (Mr. CARDOZA asked and was given an important accomplishment and sets Amer- appointment. Disappointment, because permission to revise and extend his re- ican farm policy in a new direction for the 21st only 6 months ago I sat in this chair to marks.) Century.

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 9920 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8695 Mr. PETERSON of Minnesota. manufacturing industries account for a that this bill will raise taxes on compa- Madam Chairman, I yield 11⁄2 minutes larger share of employment on average nies. to the gentleman from Georgia (Mr. than in the rest of the Nation, this is a Mr. GOODLATTE. I yield 2 minutes SCOTT), one of our great committee double slap in the face. to the gentleman from Iowa (Mr. KING), members and a great friend of mine. Many are not aware that Michigan, a member of the committee whose Mr. SCOTT of Georgia. Madam Chair- the auto capital of the world, is second work we appreciate. man, we are at an extraordinarily im- in the Nation in agricultural diversity. Mr. KING of Iowa. Madam Chairman, portant moment. The people of Amer- Not only do I feel like the months I I thank the ranking member for yield- ica are watching us all across this spent canvassing my district meeting ing me this time. country. with farmers and members of the agri- I said earlier there were five reasons The U.S. agricultural community and cultural community were for naught, I to vote against this bill. I just sat industry employs over 20 percent of our am also deeply worried about the im- down and wrote a list. Now there are entire workforce and accounts for $3.5 pact of this proposed tax hike on south seven. Some of them have been added trillion every year in our economy. central Michigan. to it since it passed the committee. We And it is just somewhat baffling to me are facing a tax increase, a huge tax in- b 2045 as we look, and we have worked to- crease. That is something that a lot of gether in the committee to get many In the Wolverine State, U.S. subsidi- us can’t cross. competing forces together, that the aries play a vital role in supporting The abrogation of treaties. When you gentleman and gentlewomen on the jobs and employing 201,000 think about the implications not just other side of the aisle would turn their Michiganers. of companies doing business in the backs on the American people and all I just inquire of the other side: Why United States but the reaction when the work that we did together and in are we moving away from policies that the retribution comes from foreign bringing these competing forces to- encourage job development and invest- countries when they start to change gether, whether it was black farmers or ment? And what is a tax increase on their trade agreements and treaties our Traditionally Black Colleges, or manufacturers even doing in the farm with us. That is going to mean it is food stamp recipients, all with compel- bill? going to be nearly impossible for us to ling needs, country of origin labeling, The Ag Committee put aside partisan negotiate bilateral trade agreements, on a whimsical excuse, because we had differences and worked together on a WTO trade agreements; and that draws to balance and score this at a time so bill that meets the needs of American a bright line against trade. that we would have pay-as-you-go so farmers without raising taxes. The There is Davis-Bacon wage scale in we wouldn’t put it on the backs of our House should be voting on that bill, this bill. I will make the prediction children and grandchildren to pay for crafted in a bipartisan manner, that that the 5th Congressional District of this farm bill; went to Ways and Means meets those needs without foisting this Iowa will remain the number one re- and asked them to find a way to get us on the public. newable fuels congressional district in $4 billion, and they went and got a way Mr. PETERSON of Minnesota. America. Last year we put over a bil- that was first presented by President Madam Chairman, I reserve the bal- lion dollars of private capital into that, Bush. ance of my time. and we did so without the Davis-Bacon President Bush said, let us close this Mr. GOODLATTE. Madam Chairman, wage scale. We did it with merit shop loophole on foreign companies that are I yield 1 minute to the gentlewoman wages. We built good plants, state of using what is known as earning from Washington (Mrs. MCMORRIS ROD- the art, and developed the technology. strippings to stop paying taxes like GERS). We are number one in biodiesel in my every other American business. When Mrs. MCMORRIS RODGERS. Madam district. We will be number one in eth- President Bush said this just 6 months Chairman, I thank Mr. GOODLATTE for anol by the end of this season. We will ago, there was no hue and cry about a all of his time and hard work on this stay there because they are not going tax increase. legislation, as well as the members of to use this component because they There is no tax increase on this. This the committee who traveled to Wash- will not be able to afford it. It is a 20 is a good bill. Let’s pass it. ington State for a farm bill listening Mr. GOODLATTE. Madam Chairman, percent increase in cost. Where you session last year. I yield myself 20 seconds to say to the could build five plants before, now you I rise today to highlight the need for gentleman from Georgia that no one on can only build four. We have a 46 per- a strong farm policy that will ensure this side of the aisle is turning their cent increase in Food Stamps under the success of farmers in eastern Wash- back on anybody. We are simply recog- the argument of food insecurity, but ington and across the Nation. Agri- nizing that increasing taxes in order to yet no one was going without food. pay for what is in this farm bill is the culture is the number one employer in They just thought some future meal wrong thing to do. To set businesses Washington State, and in eastern they might have to worry about. So 46 who have invested in this country and Washington, a $1.1 billion industry. percent increase in food stamps. the American workers whose jobs de- I support a farm bill that makes a The Pickford v. Glickman that was pend on them against that is very, very strong commitment to specialty crops mentioned by the gentleman from wrong, and I would suggest to the gen- by investing in nutrition, research, Georgia, there were black farmers that tleman that everyone I have talked to pest management, and trade promotion were discriminated against. And some has called this a tax increase. programs. were. But a billion dollars was paid out Madam Chairman, I am pleased to Whitman County is the leading pro- to some of them. And $100 million was yield 2 minutes to the gentleman from ducer of wheat and barley in the spent in administration of Pickford, Michigan (Mr. WALBERG), a distin- United States. The 2002 farm bill and I looked into that. What we have guished member of the committee. changed how marketing loan rates are 18,000 black farmers in America, Mr. WALBERG. Madam Chairman, were calculated for wheat, and as a re- 96,000 claimants and a future liability after months of bipartisan work in the sult, our wheat growers have been left to this bill of $3 billion in the Pickford House Agriculture Committee on a out of the intended safety net. Al- piece. I know it is not all authorized, I farm bill that meets the needs of Amer- though I believe to ensure fairness we know we have not found all of the ican farmers without raising taxes, should calculate counter-cyclical pay- money, but you open the door to that. House leadership is inserting a 600 per- ments by class of wheat, I am encour- I will vote ‘‘no’’ on this bill. cent tax increase on U.S. subsidiary aged that growers will have the option Mr. GOODLATTE. Madam Chairman, manufacturers in the 2007 farm bill. to choose a revenue-based payment. I am pleased to yield 3 minutes to the Democrats want to slap manufacturers, I am disappointed dried peas and len- gentleman from Georgia (Mr. KING- who employ 5.1 million American tils were not placed on equal ground, STON), the distinguished ranking mem- workers and pay $325 billion in wages, but we can work on that later. I am ber on the House appropriations agri- with a massive tax hike. committed to working for policies that culture subcommittee. As representative of a State and a will help our farmers and ranchers Mr. KINGSTON. I want to commend district where the agricultural and compete. However, I am disappointed the members of the Ag Committee on a

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE H8696 CONGRESSIONAL RECORD — HOUSE July 26, 2007 bill that is well put together in some here where we have an opportunity to joyed working with you and your Mem- parts. As the chairman knows, he has balance the budget. I think that is bers, but I don’t agree with you. I don’t been very generous with his time, talk- something that is ill conceived. I know believe there is a tax increase in this ing to me about the cotton section, the there is bipartisan resistance on that, bill. I have looked at it. I am a CPA, peanut section, and fruits and vegeta- and it is very difficult for all of us. and I think you can say it either way, bles. I think there was a lot of good bi- I have four farm service agencies in but I don’t believe it is a tax increase. partisan support. I commend the com- my district that are being closed; and I The $60 billion did come out of base- mittee for that. tell you, it is tough. I hate to see any line not because anybody cut it, but be- Unfortunately, so much of this bill is of them closed, but I realize in the big cause the program worked the way it is not direct agriculture. So much of this picture if you want to save money for supposed to. Prices are up and spending bill, 60 to 70 percent, and this is true the farmers for other programs, some- went down. We are missing the money, with all farm bills, it is the entitle- times you have to make these deci- but it wasn’t because anybody cut it. ment section, the school nutrition pro- sions. We have a good bill, and I encourage grams, there are a number of problems Mr. GOODLATTE. Madam Chairman, all Members to support it. I have with that. I yield myself the balance of my time. Mr. BISHOP of Georgia. Madam Chairman, Number one, this tax increase is to I would just say, Madam Chairman, I rise today in strong support of the Farm, Nu- support an increase in the entitlement that we reach this point in a process trition, and Bioenergy Act of 2007. I’d also like section. It doesn’t go directly to farm- that has been going on for about 2 to thank the members of the Agriculture Com- ers or help the dirt farmer. It is not in- years. It spanned both my chairman- mittee for their commitment to this effort which tended for that. ship and the current chairman’s chair- has yielded a farm bill that is a victory for all I have problems with the tax in- manship. It has encompassed a great Americans. crease, and I do think it should have deal of effort to write a bipartisan farm This bipartisan agreement provides a strong been gone through the Ways and Means bill. We have listened to hundreds of safety net for not only our Nation’s family Committee where it could have been farmers. We have received input from farmers and small and disadvantaged farmers, thoroughly vetted and people could thousands of farmers and ranchers and but also for millions of American citizens who have decided what does this mean, be- others interested in this legislation. live below the poverty line and are dependents cause the truth of the matter is there We address the reform that has been on Federal nutrition assistance. are question marks on both sides. requested in a farm bill. We have ad- Committee members worked diligently, day The second thing, in agriculture ap- dressed the concerns about more fund- and night for weeks, to ensure that funding propriations we have had lots of hearing for fruits and vegetables for nutri- levels and payment limitations were fair, equi- ings on the Indiana privatization of tion and conservation and renewable table, and available to farmers. It ensures a food stamps. I think it is a great pro- fuels. And then to have this tax in- flexible, affordable and top-quality food supply crease injected into this process after gram. I think reducing the government for consumers while strengthening America’s the bill has left the committee is why bureaucracy so that you can get more food safety and security. money to the people who need the food you have heard every single Member on The farm bill provides a 5-year reauthoriza- stamps, I think that is a good funda- this side of the aisle speak about how tion of the farm, rural development, conserva- they feel betrayed by this process. It is mental idea. I think it is one that tion, and nutrition programs administered by unfortunate for us, but it is also unfor- President Clinton would have appre- the U.S. Department of Agriculture, USDA. tunate for this farm bill because what ciated. It is searching for the third The 2007 farm bill is fiscally responsible, fully happens when it leaves the House, if it way. Not always a Democrat or Repub- compliant with the PAYGO rules, while still passes at all, will be very different lican solution is adequate; you have to providing a strong safety net for America’s than if it passed leaving this House come up with something else. This is a farmers and ranchers. It makes vital invest- with a veto-proof majority. That op- hybrid program. This is a privatization ments in nutrition, conservation, and renew- portunity has been lost. program, and I know that is a bad I would say to those on the other side able energy. This bill will help producers of all thing for many on the fringe left, but I of the aisle we can fix that if we would commodities stay on the land that they hold think most of us in the ag community simply slow down and take a look at and love, so that they can continue with their will agree that it is a good thing. And the appropriate way to pay for the ad- livelihood, while also conserving natural re- yet this bill stops that. ditional funding that is due this com- sources for future generations. The third thing is the special-inter- mittee because we took a $60 billion The bill before us today also addresses est payoff to the unions. Can you imag- cut in the budget. The way to do that many of the needs of those in southwest and ine, here we are at an energy crisis is to vote for the motion to recommit middle Georgia, Georgia’s 2nd Congressional time. It is $3.05 if you shop all over that we will offer later on that will say District, which I represent, in terms of pro- town to find the bargain, and we are you can have this farm bill that we tecting our Nation’s farmers, conserving our going to increase the cost of producing have all praised and send it back to the natural resources, and feeding the hungry. ethanol. We are going to say if you committee to look for an appropriate In addition, the bill will provide better bal- build an ethanol plant, you have to use way to do this without pitting Amer- ances in support programs between all types the highly inflated union prevailing ican agriculture against American in- of crops. The bill’s reforms further encourage wages. It is a special payoff to the dustry by having a tax increase im- farmers to plant for the market, and not for the unions. We should not increase the posed to pay for the things that are in benefit of government programs. It also pro- price of producing energy during a fuel this bill. vides a sharp increase in funding for fruit and crunch. It is that simple. This bill does That’s the appropriate way to pro- vegetable and other specialty crops, mandates that. ceed here. That would restore the bi- implementation of country of origin labeling, Finally, one of the things that we all partisanship that is needed in this and increases assistance to small and dis- do, Republicans and Democrats, we process, and that would restore a good advantaged farmers significantly, including im- want to balance the budget. We want future for this farm bill, which is very portant new language with respect to the to cut out the waste, as long as it is much endangered because of the injec- Pigford case. In addition, the bill increases done in a different district than ours. tion of this partisan tax increase that funding for school lunch and other nutritional Now, the farm service agencies, there has been laid at our doorstep, the most programs, and provides for new and extended are too many of them. There are 58 bipartisan committee in the House of conservation, research, trade promotion, and that don’t even have staff. This bill Representatives that has worked so rural development programs. prevents them from being closed. We hard and so long. And to be faced with This bill makes much needed strides in re- need to close some of the farm service this at the end is wrong. I do not sup- forming the nutrition title to better help Ameri- agencies. Because of technological port this legislation. cans adequately cover food costs and sustain changes, we can do that without hurt- Mr. PETERSON of Minnesota. themselves for the entire month. It increases ing the farmers, and yet this bill will Madam Chairman, I yield myself the the minimum benefit for food stamp recipients, prevent that from happening. One balance of my time. which is especially important for senior citi- thing we are all hypocrites on is, hey, I would say to the gentleman from zens in need. It also helps feed our military let’s balance the budget; but, oh, not Virginia (Mr. GOODLATTE) we have en- families by excluding special combat pay as

VerDate Aug 31 2005 06:45 Aug 15, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 9920 E:\RECORD07\H26JY7.REC H26JY7 mmaher on PROD1PC70 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — HOUSE H8697 income when qualifying for food assistance broadband telecommunications services to leagues to ensure that this troubling provision programs. rural areas. be dropped when the conference to the Farm Finally, I am particularly pleased that the bill Before the bill passed out of committee, I bill is convened. Americans deserve the piece proposes and improves the quality of life of joined with many of my colleagues to ensure of mind that comes with the knowledge that the people living in our rural communities by it funded nutrition programs so that Americans the next meal they consume will not make renewing successful programs that provide continue to have access to a high quality and them sick nor cause them harm. critical healthcare, emergency and commu- inexpensive food supply. Mr. BLUMENAUER. Madam Chairman, I’d nications needs to underserved areas. It cre- In response, the bill increases the minimum like to thank Representative ALCEE HASTINGS ates a new grant program to assist rural benefit for the Food Stamp Program for the for bringing together, in his amendment, two health facilities, improves access to broadband first time in more than 30 years. important pieces of legislation for research telecommunications services in rural areas For the safety and security of our food and funding and protection of habitat for polli- with a greater focus on the rural communities the future of U.S. agriculture, I urge all my col- nators—the bees, birds, bats and other ani- of greatest need, and supports critical infra- leagues to support the passage of H.R. 2419. mals and insects that help sustain more than structure programs for rural cities and town. Mr. HOLT. Madam Chairman, our Nation’s two-thirds of the world’s crop species. Polli- Today, I urge my colleagues on both sides food inspection system is a critical safeguard nators are responsible for one out of every of the aisle to ‘‘Protect our Farmers.’’ They in guaranteeing the health and welfare of all three mouthfuls of food eaten. protect us by satisfying our most basic Americans. However, the federal protections Despite the critical role that pollinators play needs—food, fiber, and fuel. Let us pass this that have existed for over 40 years are now for our food supply and ecosystem health, we Farm bill today for our farmers across this threatened by a provision in the Farm bill that are seeing disruptions of localized pollination great Nation who desperately need this sup- would allow meat and poultry inspected by systems and declines of certain species of port, so that they are able to continue pro- state inspectors to be sold across state lines. pollinators on every continent except Antarc- ducing a safe and reliable food source. The Nation’s food inspection system has tica. Populations of a variety of pollinator spe- I urge my colleagues to join me in voting for served our Nation well by providing clear cies have been declining in recent years due this bill. guidelines and a network of dedicated profes- to loss of habitat, improper use of pesticides Mr. SHULER. Madam Chairman, this bill in- sional Federal inspectors. Its roots go back to and herbicides, replacement of native plant cludes important reforms that will help con- the early 1900s, where a Federal inspection species with non-native or engineered plants, servation efforts by private forest landowners. system became one of the landmark legisla- and the introduction of non-native, invasive Today I offer an amendment to help out a little tive accomplishments of President Theodore species, either by accident or through farming more. Roosevelt. While occasional problems have practices. Over 260 million acres of forest lands are in developed, on the whole, our national meat I’m pleased to see that this amendment the hands of families and individuals. At least and poultry inspection system has been an places a greater emphasis in existing USDA 75 million acres of forests are part of farms. unqualified success, with minimal incidents of conservation programs on habitat and other Forests provide habitats for wildlife, a source food borne illnesses due to poor practices, pollinator-beneficial best management practices to protect and enhance native and man- for clean water, and places to hunt, fish, hike handling or hygiene. aged pollinators, which was the key compo- and enjoy other recreational activities. So why would we change a system that is nent of H.R. 2913, which I introduced this But many of our privately owned forest so successful? It is my understanding that this Congress. lands are threatened by insects or diseases, change is being proposed to encourage the In addition, the amendment provides re- and these threats are real. Most of the insects growth of small meat processing facilities as search funding to address Colony Collapse or diseases are non-native and invasive, mak- well as create new markets for state-inspected Disorder in honey bees places, an issue ing them difficult to contain. meat. While more competition and building championed by my friend Mr. HASTINGS and In my district, private landowners expect to new markets are laudable goals, they need his bill, H.R. 1709. lose all of their hemlocks from the attack of not come at the expense of food safety or re- This amendment will help keep pollinator the hemlock wooly adelgid. This loss would sult in the dismantlement of the federal in- populations healthy and improve the viability permanently alter the diversity and unique for- spection system. No one has made a compel- of our food supply and our environment. I urge est environment in our region. ling case that the federal inspection system its adoption. Madam Chairman, this bill provides emer- has truly hindered competition or market de- Mr. BARTON of Texas. Madam Chairman, gency restoration funding for private forest velopment. Thousands of small plants do well this is an unfortunate day. Today, here on the lands that experience a loss or damage from under the current inspection regIme. floor of the House of Representatives, we are natural disaster. My amendment would take However, in making this change, we are witnessing a blatant disregard for sound pol- this one step further and allow the emergency opening the door to problems that could mul- icy, fiscal restraint, and due process by the restoration funds to be used for treating pri- tiply the exposure of consumers to food borne Majority Leadership. The Farm Bill that we are vate forest lands under imminent threat of at- illnesses and food poisoning. The record of debating today is not the bill that was reported tack by insect and disease. plants subject to state inspection is troubling. out of the Committee on Agriculture. It is a In the case of insect or disease, we must The USDA IG has repeatedly found that state product of a late night raid by Leadership on stop their invasion before they create the dis- inspection regimes often do not meet basic re- the rules process to insert yet another tax in- aster. Preventing the losses will save money quirements for sanitation or cleanliness. crease. and save our forests. Prevention is less ex- Despite this, language was added to the Farm programs have always had their pensive than restoration. Farm bill to roll back these protections. A letter champions and their detractors, but in the 22 Madam Chairman, I thank the members of to Congress from a coalition of groups pro- years that I have served in this body, it has the committee for their work on this bill to sup- moting food safety pointed out that the provi- never been a partisan issue. I have voted in port healthy forests, and I urge my colleagues sion would: favor of almost every Farm Bill that has come to support the Shuler amendment. Eliminate the 40 year old protection in the before me, but I cannot vote for this one. I Mr. HARE. Madam Chairman, on behalf of federal meat and poultry inspection acts have consistently supported the hard working Illinois agriculture, I rise in strong support of that prohibit shipping state inspected meat farmers and ranchers in my district, and I will the Farm, Nutrition, and Bioenergy Act. across state lines. continue to do so. But I cannot support this This bill maintains a viable safety net for our Make 80% of all federally inspected plants tax increase that has been added without de- eligible to leave federal inspection in favor farmers. Since my congressional district re- bate, and without relevant committee input. ceives the second most crop payments of all of state programs which supporters of the bill insist are more understanding of com- Over the past year, I have had the chance the freshmen in Congress, a strong subsidy pany problems. to visit with producers from across my district. program is critical for farmers in the 17th Illi- Not allow states to impose additional or Practically every single one of them has told nois Congressional District. higher food safety standards. me that the Farm Bill we passed in 2002 has Additionally, the bill encourages biofuel re- Ignore the inability of states to implement proven to be a sound safety net for their var- search and production, which are vitally impor- recalls of adulterated meat and poultry that ious enterprises. The bill that was reported out tant to my congressional district and the en- have crossed state lines. of the Agriculture Committee continued those ergy security of our Nation. The potential for the spread of food-borne proven principals. Unfortunately, this is not The 2007 Farm bill also supports rural illnesses across the country will only increase that bill. America through programs that provide if we are to allow this provision to remain in As ranking Member of the Energy and Com- healthcare, emergency communications, and the legislation. I plan to work with my col- merce Committee, I am also concerned that

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As the year other nutrition initiatives, the 2007 Farm Bill farm animal manure should not be deemed a began, I was a little surprised that the Majority would promote the health of the American hazardous substance pursuant to the Com- seemed disinclined to work with me or other people and help families in need. The meas- prehensive Environmental Response, Com- Members of the Minority in preparing energy ure would also renew our commitment to rural pensation, and Liability Act (CERCLA) and the legislation. But now I realize that they do not development, agricultural research, forestry Emergency Planning and Community Right to even consult with each other. and energy. Important to Missouri’s corn and Know Act (EPCRA). The Farm Bill Extension Take a look at the energy provisions of the soybean producers, it would authorize $2 bil- Act does not contain any legislative text dis- Farm Bill. They overlap and duplicate provi- lion in loan guarantees for biorefineries to help cussing whether manure is a hazardous sub- sions in the legislation reported a few weeks finance the cost of developing and con- stance under these statutes. ago by the Committee on Energy & Com- structing renewable fuel facilities. In Saline I am strongly opposed to this report lan- merce. County, I have witnessed the overwhelming guage because it would exempt releases or The Farm Bill has incentives for increased success of Mid-Missouri Energy’s ethanol pro- ethanol production; grants for consumer edu- duction plant. I am hopeful this bill will foster threatened releases of hazardous components cation on ethanol; a biomass fuel production similar success stories in Missouri and across of manure from CERCLA and EPCRA. section, etc. our land. Large animal feeding operations can be sig- Meanwhile, the Energy & Commerce Com- Also important to Missourians, the Farm Bill nificant sources of pollution. According to the mittee has provisions to do these and similar would continue price supports for dairy farm- EPA, animal farming operations generate ap- things in its bill. Energy & Commerce has ers and create programs for fruit producers. It proximately 500 million tons of waste each grants for cellulosic ethanol production, con- would also require that all meat sold to Amer- year, three times more raw waste than is gen- sumer education for flexible fuel vehicles, a ican consumers have a country-of-origin label erated yearly by people in the United States. study of ethanol blended gasoline, and others. beginning in September 2008. The measure This waste, which is usually untreated by op- If the Majority would like, I’ll be happy to retains the current prohibition on creating a erations, produces hazardous substances offer my services to help them sort out and national animal identification to verify the ani- such as phosphorous, ammonia, and hydro- reconcile these provisions among the two bills. mal’s country-of-origin. gen sulfide. Of course, if the Agriculture Committee’s bill I praise Chairman COLLIN PETERSON and Phosphorous has contaminated local drink- had been referred to the Energy and Com- other members of the Agriculture Committee ing water supplies, requiring additional treat- merce Committee as it should have been, we for producing a good bipartisan bill. I support ment and resulting in increased costs to rate- could have accomplished that reconciliation it, urge my colleagues to vote in favor of it, payers. The City of Waco Texas for example before the Farm Bill ever got to the floor, and ask them to defeat any attempt to strip is spending more than $54 million for capital avoiding this confusion, conflict, and redun- away the meaningful safety net included in improvements to address taste and odor prob- dancy. That is why we have rules in this body this legislation. on jurisdiction and that’s why we should go Mr. WU. Madam Chairman, this year’s farm lems caused by excessive phosphorous re- back to following those rules. bill creates an education program to give col- leased by cow waste. Mr. SKELTON. Madam Chairman, from the lege students an opportunity to participate in I also attach a letter from the Association of time I was young, I was taught that a farmer’s policy oriented internships to promote and fur- Metropolitan Water Agencies, dated July 23, livelihood depends on two things: the weather ther develop agricultural biofuels from bio- 2007, that discusses the negative impact that and the markets. While the government can’t mass. I commend the Chairman for incor- such an exemption would have on the quality control the weather, federal Farm Bills provide porating this program into the bill. of our Nation’s drinking water supplies. an invaluable safety net, bringing a level of The biofuel industry has experienced rapid If hazardous substances from livestock stability to commodity markets that helps farm- growth in recent years. Global climate change, waste are exempted from CERCLA, states ers stay in business, make plans for the fu- and an unstable foreign oil supply, requires and local governments would be denied the ture, and continue to feed America and the the United States to develop alternative ener- ability to protect their valuable water supplies world. gies. To do this, the United States must create and to recover costs associated with cleaning The 2007 Farm Bill would ensure farmers leaders in alternative energies. We must re- up these hazardous substances from drinking have economic stability by continuing the di- cruit the best and brightest across the Nation water sources. rect payment program and by keeping in place to participate in the program. a strong safety net that allows producers to re- My amendment makes the eligibility criteria If hazardous substances from livestock coup some of their losses when agricultural fair and opens the door for more qualified stu- waste are exempted from EPCRA, toxic re- markets collapse. The bill would give farmers dents to apply. lease information would be withheld from com- the option of participating in the counter-cycli- As currently written, the program reaches munities and emergency responders. Many of cal initiative that was created in 2002 or in a only five specific states. It is important that the large feeding operations release large vol- new, revenue-driven program. Congress does not shut out qualified univer- umes of hazardous air pollutants, such as am- At the same time, the legislation would sities and students. monia and hydrogen sulfide. A number of make historic reforms by prohibiting those who My amendment would expand the program studies have determined health problems earn more than $1 million in annual adjusted to qualified universities that have fields of among animal feeding operation workers and gross income from receiving federal agricul- study related to the biomass and biofuel in- residents who live near these operations, in- tural subsidies, by closing loopholes that have dustry. Schools with programs in chemistry, cluding bronchitis, asthma and antibiotic- allowed some people to avoid payment limits, environmental sciences, bioengineering, nat- resistent bacterial infections. and by re-balancing loan rates. These ural resources and public policy would be eli- This exemption is unwarranted because changes in current programs would free up gible to participate in the internship program. CERCLA already includes a specific exemp- additional revenue for the safety net and for This amendment will not add any additional tion for the normal application of fertilizer. Only the bill’s investments in conservation, nutrition, cost to the bill; it will only make the internship those livestock operators who excessively rural development, and renewable energy. more competitive. apply manure to the land to get rid of it, rather The Farm Bill would make conservation a Congress needs to provide all students who than use it to fertilize crops, have potential li- top priority by increasing funding and access are studying relevant fields the opportunity to ability. to conservation programs that preserve farm- gain practical work experience and to con- land, improve water quality and quantity, and tribute to America’s move to greater energy We should not allow these large animal enhance soil conservation, air quality, and security. As we continue toward that goal, this feeding operations to escape liability for caus- wildlife habitat. Missouri is a very conservation program will prove invaluable. ing pollution to our communities and pass the friendly state, and the Conservation Reserve I urge my colleagues to vote ‘‘yes’’ on this costs onto community water systems and rate Program, the Wetlands Reserve Program, and amendment. payers. the Environmental Quality Incentives Program, Mr. WYNN. Madam Chairman, as Chairman Livestock waste should not be exempt from among others, have allowed farmers to more of the Environmental and Hazardous Materials the environmental protections that CERCLA easily address conservation problems and Subcommittee, I rise today in strong opposi- and EPCRA provide.

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ASSOCIATION OF House and Senate that would specifically ex- fairly shifting the burden of cleanup away METROPOLITAN WATER AGENCIES, empt animal waste and its components from from polluters. Washington, DC, July 23, 2007. the law. Later this year, Congress will celebrate the Subject: Oppose CERCLA Animal As representatives of community drinking 35th anniversary of the Clean Water Act, water systems, we believe it is important to Waste Exemption in Farm Bill. landmark legislation modeled on the belief note that animal manure itself is not cur- DEAR REPRESENTATIVES: As the House of that all Americans must share the responsi- rently considered a hazardous substance, pol- Representatives prepares this week to con- bility of maintaining the health of our na- lutant or contaminant under CERCLA. sider legislation to reauthorize the Farm tion’s water supply. Exempting CAFOs from Moreover, the law already contains an ex- Bill, we urge you to reject language that emption for the normal application of fer- their fair share of this duty not only threat- would exempt components of animal waste tilizer that includes manure. ens to reverse the water quality gains that from designation as a hazardous substance However, phosphorus and other CERCLA- have been realized over the recent decades, pursuant to the Comprehensive Environ- regulated hazardous substances that are but would also set a dangerous precedent en- mental Response Compensation and Liabil- known to compromise the quality of drink- couraging other polluters to seek waivers ity Act (CERCLA). Enactment of such an ex- ing water are commonly present in animal from our environmental laws. emption would bring about serious con- manure. If Congress were to provide a blan- Again, we urge you to oppose a blanket ex- sequences for the quality of America’s drink- ket CERCLA exemption for animal waste, emption for animal waste and its compo- ing water supplies. consolidated animal feeding operations nents from the important requirements of During last week’s markup of the legisla- (CAFOs) would be free to discharge manure CERCLA. tion, the Agriculture Committee adopted an containing such hazardous substances into Sincerely, amendment expressing the ‘‘sense of the the environment without regard to its im- DIANE VANDE HEI, committee that farm animal manure should pact or liability for its damages. As a result, Executive Director. not be considered as hazardous substance’’ the costs of additional treatment to make under CERCLA. This follows the introduc- water potable would be forced upon commu- The CHAIRMAN. All time for general tion earlier this year of legislation in the nity water systems and their ratepayers, un- debate has expired.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

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Vol. 153 WASHINGTON, THURSDAY, JULY 26, 2007 No. 121 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, We don’t have a lot to do this week, called to order by the Honorable ROB- PRESIDENT PRO TEMPORE, but it could take a lot of time. We have ERT P. CASEY, Jr., a Senator from the Washington, DC, July 26, 2007. 2 days. It is Thursday. We need to fin- State of Pennsylvania. To the Senate: ish Homeland Security appropriations. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby I had a conversation last night with PRAYER appoint the Honorable ROBERT P. CASEY, Jr., Senator CORNYN. We were waiting to The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Pennsylvania, to get his language yesterday when we fered the following prayer: perform the duties of the Chair. were trying to work something out for Let us pray. ROBERT C. BYRD, funding for the border. He had it writ- Lord God, You alone are the creator President pro tempore. ten out in longhand. Anyway, we don’t and sustainer of the universe, so we Mr. CASEY thereupon assumed the have it yet, but I am sure we will get pause to thank You for the gift of this chair as Acting President pro tempore. that soon. Maybe we can complete that day. May we show our gratitude by f with a unanimous consent. Senator wisely using the gift of time in doing VOINOVICH indicated he wished to speak RECOGNITION OF THE MAJORITY on it for a while but not long. So we our best to serve You and to help one LEADER another. want to accommodate him. Empower our Senators in their la- The ACTING PRESIDENT pro tem- So we want to finish the bill we are bors. Let the light of Your countenance pore. The majority leader is recog- on, either today or tomorrow. The calm every troubled thought and guide nized. other thing we need to do is complete their feet in the way of peace. Grant f the conference report. I hope we don’t have to file cloture on the Homeland them the ability to grow in wisdom and SCHEDULE understanding so that they may know Security appropriations bill, which I the best road to take in solving the Mr. REID. Mr. President, this morn- have said many times I don’t want to problems of our world. Assure them of ing the Senate will be in a period of do. It is an open process, where people Your continued concern and love as morning business for an hour. Once can file amendments, and they have You create tunnels of hope through that is closed, we will go back to the done that. We hope we don’t have to mountains of despair. Be their helper Homeland Security appropriations bill. file cloture also on the conference re- and defender. Use them, Lord, for Your There are no votes scheduled, although port. What I wish to do—and I indi- glory. Bring them safely through life’s there are seven amendments pending. cated this on a number of occasions—is complexities into the refuge of Your Perhaps we can dispose of some of to be able to start SCHIP on Monday. amazing grace. those before lunch. We will certainly It appears that is pretty well set, what We pray in Your gracious Name. have some votes during the day. would happen when we get to that bill. Amen. Another issue which I have men- It is a bipartisan bill that would be tioned on many occasions is the 9/11 brought to the floor. There are a num- f Commission recommendations con- ber of Senators who have worked on a PLEDGE OF ALLEGIANCE ference report. That report was to be substitute—Senator KYL, among oth- The Honorable ROBERT P. CASEY, Jr., filed late last night. It is not available. ers. That substitute would certainly be led the Pledge of Allegiance, as follows: It should be momentarily. We will the main topic of the debate. I am con- I pledge allegiance to the Flag of the make sure Senators have the oppor- fident there will be some other amend- United States of America and to the Repub- tunity to look at that. It is a large doc- ments offered, but that is the main lic for which it stands, one nation under God, ument. issue as to whether the substitute indivisible, with liberty and justice for all. Let’s talk about this week. I know would pass. f there is a trip scheduled this weekend. So children’s health, we need to do I contacted Senator BOXER last night that next week. I hope we can start it APPOINTMENT OF ACTING and indicated to her I wasn’t quite cer- on Monday. Then the only other thing PRESIDENT PRO TEMPORE tain it would be able to take place. She we need to do is to complete ethics and The PRESIDING OFFICER. The was understanding and said I would lobbying reform. As I have indicated, I clerk will please read a communication have to do what I have to do, although wish to start another appropriations to the Senate from the President pro she was disappointed. Maybe the trip bill, but that would not take a vote tempore (Mr. BYRD). can still go. It is a bipartisan trip to during this session, though we would The legislative clerk read the fol- Greenland, led by Senators BOXER and move to it before we leave. We would lowing letter: ISAKSON. only do WRDA, the conference report

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

S10051

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10052 CONGRESSIONAL RECORD — SENATE July 26, 2007 on WRDA. It is my understanding the tastic baseball player, and he certainly They had come from all over. They conference is basically completed, but is. I will go into his record in a minute. knew that something very special was we would only move to that if Senators But he is also a fantastic human being, going to happen because of a very spe- BOXER and INHOFE indicated they want- a devoted father, a faithful husband, a cial man. That evening had as much ed us to do that. I understand they do. man of the community, giving his time dignity as the player himself. It has wide-ranging bipartisan support. and energy to philanthropic work. Cal’s accomplishments transcend But that wasn’t in my original package When we call him the ‘‘Iron Man,’’ he well beyond the baseball field. His and that will not hold us up. The only absolutely is. character and demeanor are reflected thing that will hold us up is the bill we Throughout his 21-year career, he has in the successes he experiences every are on now, SCHIP, 9/11 Commission been the epitome of ‘‘Iron Man,’’ both day on the field and off the field. He recommendations and the ethics and on and off the field. I watched Cal shows up and gives his maximum effort lobbying reform. So I hope we can com- going from being unknown to being the in every aspect. He puts his family plete those things in a timely fashion, best known baseball player from Balti- above all. He is a community philan- and I hope we don’t have to work this more since Babe Ruth. I was there that thropist and is committed to living weekend. If we do because of cloture last day at Memorial Stadium, when something called the ‘‘Ripken way.’’ votes, then we will schedule those ac- we closed the stadium down, and I was The Ripken way was something taught cording to whatever the standard pro- there on opening day at Camden Yards, to him by his father, that very well- cedure is. and Cal was there, and I will watch him known baseball manager, Cal Ripken, f as he is inducted into the Hall of Fame. Sr. Now, this Ripken way is something For we Oriole fans, it was never ‘‘if’’ special. It isn’t complex. Did the RECOGNITION OF THE MINORITY Cal would go into the Hall of Fame, it Ripkens hire a consultant or handlers LEADER was simply when. to tell them about it? How did they do The ACTING PRESIDENT pro tem- Now, all baseball fans know about it? It came from their hearts, their ex- pore. The minority leader is recog- something called ‘‘the streak.’’ We re- perience, and their commitment to val- nized. member the victory lap he took around ues. Camden Yards on that very special The Ripken way is a value-driven f night. As we were heading into that leadership way. Its wisdom is to build COMPLETING PENDING ITEMS record-breaking, show-up-at-every- great players and bind generations to- game Cal Ripken event, there was a Mr. MCCONNELL. Mr. President, I gether. Here is what it is: No. 1, keep it would say to my friend the majority countdown that was going on all over. simple. No. 2, explain the why of what leader, I think there is a good chance At Camden Yards every day, they had you are doing to the people who are af- of completing the work he outlined be- the number when Cal would come out fected. Celebrate the individual. Make fore the August recess. We will be on the field. In my own office in the it fun and sweat those details and learn working with him to try to move those Hart Building, I had a great big banner the little things so the big things can items along. for our own countdown. be done the right way. It emphasizes There he was: 2,632 consecutive clarity, simplicity and, most of all, f games. During that time, he hit 431 personal integrity. RESERVATION OF LEADER TIME homeruns. He also started in 19 All- I think the Ripken way is being used Star games. He won two American all over Maryland. It is used in our The ACTING PRESIDENT pro tem- League Golden Glove awards, eight Sil- businesses and in our homes. It is in pore. Under the previous order, the ver Slugger awards, two American our hospitals, where Cal and his wife leadership time is reserved. League Most Valuable Players, and the Kelly have contributed so much to f statistics go on. children, and it is in our hearts today MORNING BUSINESS But statistics don’t tell the real as we salute Cal Ripken and the won- Ripken story. We remember not the derful honor he is receiving. The ACTING PRESIDENT pro tem- numbers, but we remember the man— He applies the Ripken way on the pore. Under the previous order, there the strong, dependable presence of Cal ballfield and off the ballfield. He has will now be a period for the transaction Ripken, Jr. Night after night, day after established a foundation in his father’s of morning business for 60 minutes, day, sometimes through injuries, name: The Cal Ripken, Sr. Foundation, equally divided, with Senators per- through the wide range of emotions which helps young people learn not mitted to speak therein for up to 10 and pressures experienced as a major only baseball but the values of sports- minutes each, with the first half of the leaguer, at every game there he was: at manship and the values of integrity, time under the control of the majority third base, at shortstop, smiling at honor, and fidelity, the things that do and the second half of the time under doing his job and doing it well. build iron in your character. This is the control of the Republicans. I remember that fateful night when the legacy which shapes Cal’s life, and The Senator from Maryland is recog- Cal broke the Lou Gehrig standing so he wants to pass it on. Cal may be nized. record. To see that banner drop from the local boy, but he is now an inter- f 2,130 to 2,131 and hear the admiration national hero. and the jubilation of the crowd in Bal- There is no question that Cal has CAL RIPKEN, JR., HALL OF FAME timore is something I will always re- earned his way into the Hall of Fame. INDUCTION member. The sustained cheers were We congratulate him on his very stel- Ms. MIKULSKI. Mr. President, I rise never ending as Cal, urged by Rafael lar career. We so admire his work ethic with a great deal of joy and enthusiasm Palmeiro, took a lap around the field. and his commitment to community, to this morning, as the senior Senator It was a proud night for the Ripken country, and for the well-deserved from Maryland, to be a part of what all family, for the Orioles, and for Mary- honor of being inducted into the Hall of of Maryland is doing today. We are on land. Fame. While Cal has already achieved the road to Cooperstown. We are lit- Mr. President, I wish you had been so much, I cannot help thinking about erally in our cars or renting transpor- there that night. It was a magical him that the best is yet to come. tation to be heading to Cooperstown, night. Families came from all over to On behalf of Senator CARDIN and my- and we are going to Cooperstown in our that game. Now, when I walked into self, I will introduce to have referred to hearts, because on Sunday, our beloved Camden Yards, I thought maybe it the appropriate committee a resolution all-around Marylander, all-around would be a raucous night. Maybe it commemorating Cal on his outstanding American hero, Cal Ripken, Jr. will be would be a spirit of New Year’s Eve career in baseball and for his induction inducted into the Hall of Fame. that we have in the Inner Harbor. But into the Hall of Fame. We are so excited about this because when you walked into Camden Yards, Mr. President, these are tough times we want the world to know Cal Ripken it was a quiet night. It was a respectful in the Senate. So when we can talk as we know Cal Ripken. What a great night. It had an air of great dignity. about something that really does deal guy. The world knows him as a fan- People were bringing their children. with honor, fidelity, a commitment to

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That is We want to make sure those kids are the aisle, there was some objection on what I would like to do. not left without coverage, and we have the other side of the aisle, so that I suggest the absence of a quorum. another 9 million children who are eli- amendment was defeated. The ACTING PRESIDENT pro tem- gible who have not been brought in. Then the majority leader came back pore. The clerk will call the roll. The Senate Finance Committee is with a proposal that would strip some The legislative clerk proceeded to going to expand the number covered of the language from that amendment, call the roll. from 6 million to 9 million nationwide. but nevertheless would commit $3 bil- Mr. DURBIN. Mr. President, I ask I wish we could do more. We should lion to border security. I told the ma- unanimous consent that the order for cover them all. Why wouldn’t we as jority leader that I believed it should the quorum call be rescinded. Americans want our kids to have basic also include a way to spend that money The PRESIDING OFFICER (Mr. NEL- health insurance protection? Unfortu- not just on the border but also for inte- SON of Nebraska). Without objection, it nately, even though our bill is bipar- rior enforcement of our immigration is so ordered. tisan, it is reasonable, it is within our laws. In particular, I mentioned the sad f budget, the White House said the Presi- phenomenon of roughly 600,000 ab- SENATE AGENDA dent will veto it. The President’s rea- sconders, people who have been ordered son for vetoing the children’s health deported and who have simply gone un- Mr. DURBIN. Mr. President, I under- insurance bill? It is hard to believe, but derground rather than obey that lawful stand there are only a few minutes re- he says it is unfair to private health in- order from a court, or people who have maining in morning business, which is surance companies. Unfair to private actually been deported and then reen- our opportunity to talk about a wide health insurance companies? Most tered the country after they have been range of topics. We have a lot of impor- Americans understand that for most of deported. Both of those categories of tant business going on in the Senate. those companies, each year means individuals are known as absconders. We have the Homeland Security appro- higher premiums and lower coverage, They are, under the Immigration and priations bill, which we want to pass and many of those companies have Naturalization Act, felons. quickly to keep our Nation safe. Then failed to come forward to find ways to we are going to turn to the 9/11 Com- I thought it was important that if we bring Americans into health insurance were going to be serious about enforc- mission recommendations. Most Amer- coverage. There are not going to be icans recall after 9/11, we appointed a ing our immigration laws we not just many tears shed for that industry. We deal with the border, as important as very good bipartisan group to come up should have our concern and focus on with suggestions to make America that is, but we also deal with interior the children who are going to be left enforcement. safer. Unfortunately, those suggestions behind when it comes to health insur- have not been acted on, and each year We were unable to reach an agree- ance if the President vetoes this bill. ment last night, but I am pleased to the commission gives the Government Next week we will focus on that leg- say the majority leader was generous a failing grade when it comes to their islation. We will try to get down and enough to call me last night and to tell compliance, so we want to change that pass this, get together with the House me he wanted to look more closely at situation. This year, with the new Con- of Representatives, and send it to the the language we had proposed. I take it gress, we passed the implementation of President as quickly as possible. from some of his remarks this morning these recommendations and hope to In August, we have a 3- or 4-week re- on the floor that it is likely we will be bring those to the floor this week and cess, which I assume we will be taking able to reach some sort of agreement have them enacted. most of, and then come back in Sep- that will see those funds in this bill, $3 We also have pending major ethics tember in the first week. There are a billion, where the Federal Government reform. Most people are, unfortunately, lot of appropriations bills to consider will finally do what it has advertised inured to the prospect of stories of cor- at that time. We will go back to the and promised to do for a long time, and ruption in Washington. Some of the Defense authorization bill and a very that is to actually put the resources events that have happened over the important national debate on the war behind border security and enforce- last several years have been horren- in Iraq. The administration promises ment of our immigration laws, rather dous, leading to the prosecution of us September 15 to give us a status re- than promise a lot and deliver very lit- Members of Congress and many lobby- port, as required by law. tle. ists in town. It is time to change that Most of the indicators are that the situation. We have a bill that will violence continues in Iraq. The Govern- I am grateful to the majority leader move us dramatically in the right di- ment continues to disappoint us and, for working with me on that issue. I rection, the most significant ethics re- unfortunately, American deaths con- am hopeful Senator GRAHAM, who was form in the history of Congress. It has tinue to mount. That debate in Sep- the principal proponent of the border been caught up in a lot of political de- tember is going to be a critical water- security amendment yesterday that I bate and wrangling. Now is the time to shed debate. We need to have more Re- was proud to cosponsor, will be back move it forward, enact it into the publican Senators cross the aisle and here at 10:30 a.m. when we get back on rules, the law of the land, and apply it join us to call for a new policy in Iraq. the bill to talk about that amendment. to the Senate and the House of Rep- So far 4 of the 49 Republicans have I hope we can reach an agreement. It resentatives. come to our side. We need 11. I urge my will go a long way toward beginning to Then next week comes a critically colleagues on both sides of the aisle to regain the lost confidence and trust of important bill. There are 47 million un- work for a cooperative bipartisan ap- the American people when it comes to insured Americans, many of them chil- proach to a new direction in Iraq. our broken immigration system. dren. Right now we have a program I yield the floor. If there is one diagnosis I would where we provide Federal funds to The PRESIDING OFFICER. The Sen- make from our immigration debate States so they can help us in insuring ator’s time has expired. over the last few weeks, it has been those children. We have about 6 million The Senator from Texas. that people do not trust the Federal children who are now covered by this f Government to actually do what it plan, kids who otherwise would not promises to do in this area. Where we have health insurance. IMMIGRATION have to start is on a firm foundation of Incidentally, most of them are chil- Mr. CORNYN. Mr. President, last border security and interior enforce- dren of parents who are working, who evening the majority leader and I had ment and from that build to a more go to work every day. They are not an exchange on the Senate floor with comprehensive approach that deals poor enough to have the Government regard to a proposed amendment by with all aspects of the problem.

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It seems to me there are three things we can approach this, and I hope this Like a lot of things around here, if you we all care deeply about in this coun- important debate we will have next don’t get your way, you kind of throw try, no matter who we are or from week will address these issues. a tantrum a lot of times. I didn’t get where we come, and that is access to I think we have to end Tax Code dis- my way, so I thought I would throw good quality education for all of our crimination against those who cannot just a little tantrum. children, a job for people who want to get health insurance through their em- The evening has brought to my at- work, and access to quality health ployer by giving a tax break to every tention that I was wrong. Senator care. American so they can purchase their CORNYN was right. I hate to acknowl- The fact is, in my State, unfortu- own health insurance. Part of the prob- edge that, but that is basically valid. nately, we have a health care crisis be- lem is, people are frequently bound to Having said that, Mr. President, and cause about 25 percent of the popu- an employer. They are afraid to leave swallowing a little bit of pride, which I lation in my State does not have that employer lest they be precluded shouldn’t have had, I now ask unani- health insurance. So where they go for from getting another health insurance mous consent that when the Senate re- their health care is to the emergency policy because of previous existing con- sumes consideration of H.R. 2638 today—which will be in just a few min- rooms of the local hospitals, and that ditions. So many people simply lack utes—the time until 11:35 a.m. be for creates a lot of problems because that the portability of their health insur- debate with respect to the Graham- is the most expensive health care, the ance, the ability to take it from job to Pryor border security amendment—and emergency room. People who go to the job. In effect, they are bound almost to emergency room for their primary that has the language of the Senator the extent of involuntary servitude from Texas in it—I would interrupt and health care, if it is not truly an emer- with their current employer. We have gency but they have nowhere else to say that I have spoken to the distin- to change that by creating portability. guished Republican manager and told go—and you can hardly blame them— I think we need to give individuals what it does is causes a lot of emer- him I was going to offer this consent the ability to take control of their agreement—with the time divided as gency rooms to go on divert status, and health care needs and to continue to so true emergencies have to go to a far- follows: 30 minutes under the control of preserve something they think is very Senator VOINOVICH and the remaining ther off location to get care, thus en- important, and that is the relationship tailing some risk and potentially even time equally divided and controlled be- between the patient and their health tween Senators GRAHAM and PRYOR or loss of life as a result of the delays. care provider, along with the freedom We have to tackle this problem. I their designees; that no amendments to choose what is in the best interest of know there are a lot of good ideas out be in order to the amendment prior to that individual patient, rather than to there. We will be talking about some of the vote; that upon yielding back of those ideas next week when we talk have the Government determine for time, the Senate proceed to vote on the about the reauthorization of the SCHIP them what kind of health care they are amendment, with no further inter- program, the State Children’s Health going to get and perhaps ration it and vening action or debate. Insurance Program, that is important create a huge, expensive bureaucracy The PRESIDING OFFICER. Is there to my State and important to insuring to do so. objection? children around the country. I also hope part of this debate on re- Mr. COCHRAN. Reserving the right The problem that has grown up in authorization of the State Children’s to object, and I do not intend to object, SCHIP is that, unfortunately, Health Insurance Program will allow I want to be sure that there is consent Congress’s original intent to provide us to look at what the ultimate goals on this side among those who are en- health insurance to low-income chil- are of some of the proponents. One con- gaged in the debate, specifically the dren, up to 200 percent of the poverty cern I have is that the dramatic expan- Senator from Texas and the Senator level, has simply been overtaken by sion of funding proposed by the Fi- from South Carolina, so that they un- some States. I believe it is a total of 14 nance Committee—in language we derstand the proposed order and have States now that use that money, those haven’t yet seen—will be a precursor to no objections to it. Mr. REID. Is our consent granted, Federal funds, Federal taxpayer funds, one more incremental step to a Gov- ernment-controlled, Washington-cen- Mr. President? to actually insure adults, obviously not Mr. COCHRAN. We are getting his re- part of Congress’s intent, which was to tered health care bureaucracy, and that will make it harder and harder for action to it. focus on low-income children. Mr. CORNYN. Mr. President, I have us to provide the opportunity for indi- Additionally, the original concept of no objection, and I appreciate the gen- viduals to purchase their own health SCHIP was dedicated to low-income erous remarks of the majority leader insurance, along with the right to children up to 200 percent of poverty and his willingness to work with Sen- choose. level. We have seen proposals where ator GRAHAM and me on this important The PRESIDING OFFICER. The Sen- some have said it ought to go up to as issue. much as 400 percent of the poverty ator’s time has expired. The PRESIDING OFFICER. Without level, which, for a family of four, can Mr. CORNYN. Mr. President, par- objection, it is so ordered. mean an income over $80,000 a year and liamentary inquiry: My understanding The PRESIDING OFFICER. The Sen- a mandate that SCHIP be used to pro- was that you cited 30 minutes of morn- ator from Texas is recognized. vide health insurance for people with ing business. Mr. CORNYN. Mr. President, I ask incomes in excess of $80,000 a year for a The PRESIDING OFFICER. There is unanimous consent that out of our al- family of four. a 10-minute time limit per Senator. lotted morning business time I be The challenge I think we have is to f granted 5 more minutes, and then I will make a decision between whether we UNANIMOUS-CONSENT turn the floor over to my other col- are going to continue to encourage ac- AGREEMENT—H.R. 2638 leagues who wish to speak. cess to private health insurance, a The PRESIDING OFFICER. Without market-driven response, or whether we Mr. REID. Mr. President, I will just objection, it is so ordered. are going to simply say the Federal take a minute and then the Senator Mr. CORNYN. I appreciate that, Mr. Government is going to take this whole from Texas can speak. I told the Sen- President. matter over and we are going to have a ator from South Carolina that I was Mr. President, one of the concerns I single-payer system, a national system going to make a unanimous-consent re- think many people have about the dra- for providing health care. That, to me, quest. matic expansion proposed by the Sen- is a very important debate. I say to my friend from Texas, what ate Finance Committee’s adding an ad- Frankly, from my standpoint, I be- a difference a night makes. As you ditional $35 billion on top of the exist- lieve every American needs the re- know—as some know, not very many— ing $25 billion commitment for State

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Security from using any funds to re- one that has come to be known—and I Universal Coverage Achieved by: January move items from the list of offenses don’t know whether she takes pride in 1, 2000. that disqualifies individuals from re- this title or is offended by it, and I cer- SUMMARY ceiving a transportation worker identi- tainly don’t mean any offense, but This proposal phases in universal coverage, fication credential—what we call the sometimes known as Hillary Care. minimizes the financial burden of the pro- TWIC card. This was a plan, as we will all recall, gram at the outset, and covers the most vul- Mr. President, we can spend all the nerable of our citizens—children—as quickly money in the world screening cargo that grew out of a task force chaired as possible. Under this approach, health care by the then-First Lady which I think reform is phased in by population, beginning and hiring security personnel, but if states very clearly its goal to start the with children. Other populations are phased someone working in our seaports looks role of Federal control of health cov- in as follows: Employer Groups: July, 1997; the other way when something dan- erage with kids first, or children, and Individuals: January, 1998; Medicaid: Janu- gerous enters our country, all of our then to add employer groups, individ- ary, 2000. spending and all of our work is for uals, and then Medicaid recipients. So States may be granted a grace period nothing. Serious felons are prime tar- that instead of the current 50 percent under certain circumstances. gets for those trying to smuggle a nu- This proposal is designed in two parts clear device or a chemical weapon into of health care in America today paid which will be implemented simultaneously: for by the Federal taxpayer and the I. The quick coverage of children—‘‘Kids our country, and we must close that se- Federal Government, it would grow to First’’; and, curity gap. 100 percent, which would simply pre- II. the development of structures for My colleagues will no doubt recall clude any private marketplace and the transitioning to the new system and the that I have tried to address this issue individual choice that goes along with phasing in of certain population groups. two times in the past year, and both it for individuals. Part I, Kids First is really a precursor to times my amendments received over- Mr. President, just so you don’t take the new system. It is intended to be free- whelming support. Yet we have not yet standing and administratively simple, with seen a sufficient result from the effort my word for it and that it is made States given broad flexibility in its design so clear, I will offer from that task force to secure the American people’s safety. that it can be easily folded into existing/fu- Last fall, the Senate accepted an report page 22, and I ask unanimous ture program structures. The Federal gov- consent that it be printed in the record ernment, States, and the private sector will amendment I offered to the SAFE Port following my remarks. play a role in its implementation and financ- Act to close this dangerous loophole by The PRESIDING OFFICER. Without ing. codifying the Department of Homeland objection, it is so ordered. Part II of this proposal involves the devel- Security’s rules banning serious felons opment of purchasing cooperative (PC) from gaining access to the secure areas (See exhibit 1.) structures and the actual phase-in of all of our Nation’s ports. In effect, it Mr. CORNYN. Clearly, in this docu- other population groups within the PC sys- would have prevented these felons from ment, you will see that it does say that tem. obtaining this TWIC card. It was a this proposal phases in universal cov- The PRESIDING OFFICER. The Sen- commonsense amendment, and I sus- erage starting with Kids First. It says ator from South Carolina. pect that is why it was included in the Kids First is really a precursor to the Mr. DEMINT. Mr. President, I thank Senate’s bill, without any objection new system, and then other popu- the Senator from Texas for helping to from any Senator here. Let me repeat. lations it proposes to phase in are em- start a very important national discus- It was included in the SAFE Port Act ployer groups, individuals, Medicaid re- sion about how we get every American without objection. cipients, and the like. insured. We can see in Washington, as I also suspect that is why no Senator So I think that is what a lot of us are we expand government health care, as has come forward to this day to take concerned about. And perhaps Senator we continue to expand unfunded liabil- credit for gutting the amendment when CLINTON, now that she is a Member of ities into the future, and we add ad- they went behind closed doors in a con- this body, will talk to us a little bit ministrative costs, we are not covering ference with the House. The amend- about it and what her intentions are, people who need to be covered still. ment that left this body was a codifica- what the intentions of the proponents When we look at our Tax Code and tion of disqualifying felonies, devel- are of the Finance Committee bill be- realize that there has been a lot of in- oped after an exhaustive process by the cause there are some very serious con- equity there, that we are helping some Department of Homeland Security, in cerns. buy health insurance but only if they consultation with the Departments of I will yield in a moment to the Sen- work for the right employer, we need Justice and Transportation. ator from South Carolina, who has to look at being fair with our Tax Code The offenses listed are very similar been so active in this area, but I think, and developing a policy that will help to those that have worked well to pro- as he will explain, there are a lot of us every American have a health policy tect our airports and hazardous mate- who would like to see not just addi- they can own and afford and keep. We rials shipments for years. tional money being provided for chil- will be talking a lot more about health Unfortunately, the provision that dren’s health insurance but that lit- care later. came back to this body after the con- erally we make as our goal to provide f ference committee was a list of of- each and every American access to fenses so short and rare that the TWIC their own health insurance, along with HOMELAND SECURITY restrictions offered by the so-called the individual choice and the freedom APPROPRIATIONS SAFE Port bill are essentially mean- and the portability that will provide. Mr. DEMINT. Mr. President, I wanted ingless. The conference committee I know the Senator from South Caro- to talk about a couple of amendments chose not to ban murderers, rapists, lina has done an awful lot of work on that I have to the Homeland Security arsonists, smugglers, kidnappers, and it—I have learned a lot from him in appropriations bill today. First, I hostage-takers from accessing the this area—and I think it is an impor- would like to bring up the matter of se- most secure areas of our Nation’s tant time to start this critical debate, curity itself and how it affects our ports. In short, they chose to override and not just stop with the expansion of ports. Certainly, it is unfortunate that the expressed will of the Senate and the SCHIP program, but to seek as our we have to be here once again to talk make America less secure. goal to provide each and every indi- about threats to our homeland, but I trusted that Senators chosen to sit vidual access to health care coverage that is the reality we face today. in conference with the House would act of their own choosing. The amendment I am talking about to protect items included by the Sen- Mr. President, I thank the Chair, and now has been filed. It is amendment ate; especially those items with unani- I yield the floor. No. 2481. It will help us address some of mous or near-unanimous consent in

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Again, it prohibits the De- supporting spending bills they would nessed out in the open, on the Senate partment of Homeland Security from not otherwise support. This is a com- floor, during consideration of the 9/11 using any funds we are appropriating monsense proposal and I encourage my Commission bill in February of this in this Act to remove items from the colleagues to support it. year. list of offenses disqualifying individ- The PRESIDING OFFICER. The Sen- At that time, I again offered an uals from receiving transportation ator from Mississippi. amendment to codify the Department worker identification credentials, also Mr. COCHRAN. Mr. President, I no- of Homeland Security’s final rule on known as TWIC cards. I will ask my tice the presence on the floor of the TWIC disqualifying offenses. But this colleagues later in the day to support distinguished Senator from Ohio, who time, I requested a rollcall vote, since this amendment, and hopefully we will is under the order to have a specific the conferees clearly gave no regard to have a vote on it. amount of time for debate. the unanimous voice of the Senate last Mr. President, how much time is re- Mr. VOINOVICH. Mr. President, I fall. maining on the minority side? thank the ranking member of the This should have been another non- The PRESIDING OFFICER (Mr. Homeland Security Appropriations controversial passage. However, know- TESTER). Eight minutes. Subcommittee for giving me this oping they would be forced to actually go Mr. DEMINT. I would also like to ad- portunity. on record this time around, a separate dress my amendment No. 2482. Yesterday, when I heard the Senate side-by-side amendment preferred by This amendment would prevent the was considering passing an additional Democrats and, no doubt, their allies Government from shutting down when $3 billion in emergency spending to se- in the labor unions, was introduced. Its regular appropriations bills are not en- cure the border, I looked into the situ- language was less restrictive, allowing acted. It would do so by automatically ation very carefully and calculated the current or future DHS Secretary to triggering a continuing resolution that that, with the funding level the Home- modify—in other words, remove—dis- funds agencies at current levels for up land Security Appropriations Sub- qualifying offenses on the list. It to 1 year. The amendment would begin committee recommended, we are al- passed 58–37. automatic funding on the first day of a ready going to be increasing budget au- My amendment was voted on imme- lapse in appropriations and it would thority for border protection and en- diately after, and passed 94–2. An arti- end on the day the regular appropria- forcement by roughly 23 percent over cle in the Roll Call newspaper from tions bill becomes law or the last day fiscal year 2007. The President’s budget July 9 recounted the episode: of the fiscal year, whichever comes had recommended $13.5 billion, an 11 In February, 13 Democrats and Senator first. percent increase in border protection Bernie Sanders (I–Vt.) voted against an This would eliminate the must-pass budget authority over fiscal year 2007. amendment offered by Senator Jim DeMint nature associated with regular appro- The Appropriations Homeland Security (R–S.C.) to prevent people convicted of ter- priations bills which often pressures Subcommittee, in their wisdom, de- rorism or other felonies from getting access lawmakers into accepting spending cided to increase it by another $1.4 bil- to secure areas of American seaports. But be- bills with objectionable spending. lion, which takes it to a 23 percent in- fore the vote was over, they all switched to The Democratic leader said at the be- crease over fiscal year 2007. If the ‘‘yea.’’ ginning of the year that he would get Graham amendment passes, we will What happened was Democrat leader- all of the appropriations bills done be- have increased budget authority for ship made it clear to their caucus that fore the end of the fiscal year, but this priority by almost 47 percent over their version, allowing removal of felo- there are only 2 months left and we what we appropriated last year. nies from the list, would replace my have not completed a single bill. This I let the majority leader know that I language in conference. My Democrat means we are going to eventually be objected to having this amendment for colleagues switched to supporting my faced with having to pass a bad bill or $3 billion in emergency spending conversion because they knew it was irrel- alowing parts of the Government to sidered by unanimous consent. I thank evant; that it would be ‘‘taken care of’’ shut down. I certainly don’t support him for the opportunity to object to it behind closed doors, just like last time. that and I know my colleagues do not on the basis of a unanimous consent, Again, the final vote in favor of my either. This amendment will prevent and I am pleased this will be scheduled amendment was 94–2. that kind of train wreck from ever hap- for a rollcall vote, I believe at 11:30. And it is not just the Senate that pening. Mr. President, as a senior member of overwhelmingly supports my language. The President supports this amend- the Homeland Security and Govern- The House of Representatives, just last ment as I believe any President would mental Affairs Committee, and former week, voted 354–66 to instruct conferees because it prevents their administra- chairman and now ranking member of to include my language in the con- tion from being shut down. His fiscal its Subcommittee on Oversight of Gov- ference report. year 2008 budget says: ernment Management, the Federal The conference report for the 9/11 In the 22 out of the past 25 years in which Workforce, and the District of Colum- Commission bill is beginning to cir- Congress has not finished appropriation bills bia for the last 8 years, I rise today to culate, and I understand that the con- by the October 1st deadline, it has funded the speak against the proposal to allocate ference committee has now denied the Government through ‘‘continuing resolu- an additional $3 billion in emergency will of the Senate and the House, by in- tions’’ (CRs), which provide temporary fund- spending for the Department of Home- cluding language allowing the removal ing authority for Government activities, usually at current levels, until the final ap- land Security. of serious felonies from the list of propriations bills are signed into law. First, I want to make clear that I TWIC interim disqualifying offenses. If Congress does not pass a CR or the Presi- agree with my colleagues that we must The language has been watered down dent does not sign it, the Federal Govern- secure our border and provide the re- to reopen loopholes allowing smug- ment must shut down. Important Govern- sources to do it. Had it not been for the glers, arsonists, kidnappers, rapists, ment functions should not be held hostage fact that the previous administration extortionists, and people convicted of simply because of an impasse over temporary and former Congresses failed to provide bribery, money laundering, and hos- funding bills. There should be a back-up plan the money needed for border security, tage taking to obtain access to secure to avoid the threat of a Government shutdown, although the expectation is that ap- we would not have the illegal immigra- areas in our ports. propriations bills still would pass on time as tion problem now facing our country. We have a chance now on this appro- the law requires. Under the Administration’s That being said, this administration priations bill to ensure that whatever proposal, if an appropriations bill is not has religion and in the past several is done to weaken these provisions on signed by October 1 of the new fiscal year, years has taken seriously the need to

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Obviously from his Department’s creation merging 22 dis- 2,617 people crossing illegally into the perspective, the $35.5 billion in net parate agencies; while total homeland United States. Immigration and Cus- budget authority for fiscal year 2008 security spending has more than tri- toms enforcement personnel will house that Secretary Chertoff requested from pled since 2001. Of that total, border se- approximately 19,729 aliens in ICE de- Congress was what he felt was needed curity and immigration enforcement tention facilities. The Federal Law En- to fund the Department of Homeland represents approximately one-third of forcement Training Center will train Security and continue the efforts to se- the Department’s annual spending. more than 3,500 Federal officers and cure the border. I know the President Since 2001, Congress has more than agents. These daily statistics are fur- wants to assure the American people doubled funding for border security, ther evidence that progress is being that he has moved with urgency to se- from $4.6 billion in fiscal year 2001 to made. cure the border before he leaves office. $10.4 billion in fiscal year 2007. Includ- I recall the February 2007 hearing be- Border security will indeed be part of ing the $14.9 billion recommended by fore the Homeland Security and Gov- this President’s legacy. the Appropriations Committee, this ernmental Affairs Committee when In the simplest of terms, the Federal figure would jump to a more than 220- Secretary Chertoff presented his budg- Government continues to spend more percent increase in border security et request for fiscal year 2008. The Sec- than it brings in, and both the amend- spending since 2001. retary asked for $13 billion to strength- ment and the underlying bill continue Through the Secure Border Initia- en border security and immigration en- that practice. Over my 8 years in the tive, a comprehensive and multi-year forcement. U.S. Senate, I have watched the na- strategic plan funded by Congress, the In justifying the administration’s re- tional debt skyrocket 60 percent—from Department of Homeland Security is quest, I can assure you that Secretary $5.6 trillion in 1999 to $9 trillion today. making substantial progress. I would Chertoff was quite clear that he took No one talks about the national debt like to take a moment to share with very seriously his responsibility to se- anymore. But running the credit card you the achievements to date. cure the border. His testimony detailed for today’s needs and leaving the bill The number of border patrol agents the progress he had made, while out- for future generations should not be has already been increased by nearly 40 lining the Department’s multiyear the policy of the U.S. Congress. It rep- percent, from about 9,700 in 2001 to strategic plan for continued improve- resents a recklessness that threatens 13,360 today. Congress has appropriated ments. In recognition of the challenge, our economic security, our competi- funds to hire a total of 2,500 new agents the Secretary acknowledged that we tiveness in the global marketplace, and this year, bringing the anticipated fis- still had a long way to go to objec- our future quality of life. If we decide cal year 2007 year-end total to 14,819 tively say to the American people that we absolutely need to spend $3 billion agents. The fiscal year 2008 budget we the border is secure. The amount recon something—and I support ade- are considering would provide funds for ommended by the Senate Appropria- quately funding border security—then an additional 3,000 border patrol tions Committee in the base bill en- we need to either raise more revenue or agents, bringing the fiscal year 2008 sures these goals will be met. cut other spending to pay for it. Sim- year-end total to nearly 18,000 border The Appropriations Committee re- ply adding it to the national debt patrol agents. By the end of fiscal year viewed the Department’s budget re- makes our country less secure in the 2008, we will have doubled the size of quest and in its wisdom decided that long run. the border patrol since 2001. the President may not have provided How does continuing to borrow and As we continue to ramp up the num- ample resources to the Department of spend make us less secure? Today, 55 ber of border patrol agents, 6,000 Na- Homeland Security. As a result, the percent of the privately owned national tional Guard personnel have been de- Appropriations Committee rec- debt is held by foreign creditors—most- ployed to the Southwest border as part ommended $1.4 billion above the Presi- ly foreign central banks. That is up of Operation Jumpstart. These per- dent’s request for border security and from 35 percent just 5 years ago. For- sonnel continue to assist Customs and enforcement, at a total of $14.9 billion, eign creditors provided more than 80 Border Protection’s efforts to secure which is a 23 percent increase over fis- percent of the funds the United States the border. cal year 2007. If you include 3 billion has borrowed since 2001, according to The Department of Homeland Secu- more it will amount to a 47 percent in- the Wall Street Journal. And who are rity has already gained effective con- crease. these foreign creditors? trol of 380 miles on the southwest bor- I am confident that in addition to be- According to the Treasury Depart- der, plans to achieve effective control lieving more money was needed for the ment, the largest foreign holders of of 642 miles by the end of calendar year Department, the Appropriations Com- U.S. debt are Japan, China, and the oil- 2008; and has a strategic plan in place mittee wanted to send a signal to the exporting countries known as OPEC. to gain control over the entire south- American people that we have heard Borrowing hundreds of billions of dol- west border by 2013. their cry to secure the border. lars from China and OPEC puts not The Federal Government has effec- The Department of Homeland Secu- only our future economy, but also our tively ended the practice of ‘‘catch and rity requested $35.5 billion for fiscal national security, at risk. It is critical release’’ through a combination of year 2008, but this bill provides $37.6 that we ensure that countries that hold tough enforcement and increased de- billion, more than $2.2 billion above our debt do not control our future. tention capacity. what the Department says it needs. Why are we taking the fiscally irre- We have more than doubled the num- But now, the Senate is proposing to in- sponsible act that will add to our un- ber of immigration investigators. crease that amount by yet another $3 balanced budget and national debt? I The Federal Government has in- billion, so that the total budget au- am glad that the administration and creased detention bed space by 46 per- thority would surpass $40 billion. Some Congress have placed the needed focus cent. Senators claim that this is OK because on this important priority, but I want We would all like to see these efforts that $3 billion has been designated to ensure that we do not go too far in move more quickly, but the reality is ‘‘emergency spending,’’ as if using the simply throwing money at this prob- that it takes time to build fences, it emergency label is like waving a magic lem; money that cannot be effectively takes time to build radar towers, and it wand so that it doesn’t actually cost us spent in fiscal year 2008—which begins takes time to hire and train quality anything. That is not true. At the end in October. border patrol agents. The executive of the day, this amendment will in- This money is not needed in light of branch has made clear that border se- crease the national debt by $3 billion, the money the Appropriations Com- curity is a high priority and has devel- regardless of what label you put on it. mittee has recommended, including the

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I have spent many propriate technology for ensuring the opti- ment—a clear reflection of its prior- hours with Secretary Chertoff and mal security, efficiency, privacy, and cost of ities. other Department officials. I really be- passport cards. Next year, the Senate will review the lieve the money that has been rec- Schumer amendment No. 2461 (to amend- President’s budget request and the Ap- ommended by the Homeland Security ment No. 2383), to increase the amount pro- propriations Committee will rec- Appropriations Subcommittee is ade- vided for aviation security direction and en- ommend funding levels. If next year, quate to get the job done during fiscal forcement. we determine that more needs to be Schumer amendment No. 2447 (to amend- year 2008, in line with the Depart- ment No. 2383), to reserve $40 million of the spent to continue to improve border se- ment’s multiyear strategic plan. And curity and enforcement, fine. But let’s amounts appropriated for the Domestic Nu- we will reevaluate this situation for clear Detection Office to support the imple- not simply toss an additional $3 billion fiscal year 2009, and fiscal year 2010, mentation of the Securing the Cities Initia- out the window for fiscal year 2008. and so on. But I do not think we should tive at the level requested in the President’s I have the deepest respect for my col- go through the charade of making the budget. leagues, but I respectfully disagree on American people believe we are really Schumer/Hutchison amendment No. 2448 appropriating an additional $3 billion sincere about securing the border by (to amendment No. 2383), to increase the do- in emergency spending. They know and mestic supply of nurses and physical thera- spending another $3 billion of emer- I know that the sole reason for appro- pists. gency spending when the substantial priating these funds would be to con- Dole amendment No. 2462 (to amendment funding that has already been rec- vince the American people that Con- No. 2383), to require that not less than ommended for fiscal year 2008 will get $5,400,000 of the amount appropriated to U.S. gress cares about securing the border— the job done. Immigration and Customs Enforcement be even though we know this additional I yield the floor. used to facilitate agreements described in spending exceeds what can possibly be section 287(g) of the Immigration and Na- spent in the 2008 fiscal year. The PRESIDING OFFICER. The Sen- ator from South Carolina. tionality Act. The question I ask is: How dumb do Dole amendment No. 2449 (to amendment they think the American people are? Mr. GRAHAM. Mr. President, I be- No. 2383), to set aside $75 million of the funds Don’t they realize that the American lieve under the agreement the remain- appropriated for training, exercise, technical people will see through this charade ing time will be controlled by myself assistance, and other programs under the and realize we are pulling a fast one on and the Senator from Arkansas; is that heading State and local programs for train- them? correct? ing consistent with section 287(g) of the Im- How cynical can we be? The Amer- The PRESIDING OFFICER. The mi- migration and Nationality Act. nority has 40 seconds remaining in Cochran (for Grassley) amendment No. 2476 ican people want us to work harder and (to amendment No. 2383), to require the Sec- smarter and do more with less and will morning business. retary of Homeland Security to establish be very angry that we are simply f reasonable regulations relating to stored throwing money at a problem in a CONCLUSION OF MORNING quantities of propane. manner designed to make them feel BUSINESS The PRESIDING OFFICER. Under good in the short term. This is the type the previous order, the time until 11:35 The PRESIDING OFFICER. Morning of game playing that has caused our a.m. shall be for debate on the Graham- business is closed. approval ratings to slump to all-time Pryor amendment, with 30 minutes lows. f under the control of the Senator from When something comes along that we DEPARTMENT OF HOMELAND SE- Ohio, Mr. VOINOVICH, and the remain- decide we must spend more money on— CURITY APPROPRIATIONS ACT, der of the time equally divided and and border security could very well be controlled by the Senator from South one of those things—then we need to be 2008 Carolina, Mr. GRAHAM, and the Senator prepared to pay for that additional The PRESIDING OFFICER. Under from Arkansas, Mr. PRYOR. the previous order, the Senate will re- spending by either bringing in more The Senator from South Carolina is sume consideration of H.R. 2638, which revenues or cutting other spending. I recognized. ask my colleagues not to support this the clerk will report. fiscally irresponsible act that will The assistant legislative clerk read AMENDMENT NO. 2480 TO AMENDMENT NO. 2483 surely diminish our credibility with as follows: Mr. GRAHAM. Mr. President, consistent with the unanimous consent the American people. A bill (H.R. 2638 ) making appropriations I thank the ranking member of the for the Department of Homeland Security for agreement, we will be talking about an Appropriations Subcommittee on the fiscal year ending September 30, 2008, and amendment that was discussed last Homeland Security for this oppor- for other purposes. night. Senator CORNYN had some lan- tunity. I hope some of my colleagues Pending: guage changes to the amendment that have now been adopted. I believe it have an opportunity to understand why Byrd/Cochran amendment No. 2383, in the I think what we are doing here today is nature of a substitute. makes it a much stronger, better absolutely fiscally irresponsible. I am Landrieu amendment No. 2468 (to amend- amendment. extremely pleased that this adminis- ment No. 2383), to state the policy of the U.S. What we are trying to do here is add tration and this Congress is taking bor- Government on the foremost objective of the $3 billion to go toward securing the der security seriously. This attention United States in the global war on terror and border, and I believe that is a home- is long overdue. I know all of us are in protecting the U.S. homeland and to ap- land security event. So it is certainly trying to convey to the public that we propriate additional sums for that purpose. an amount of money that is large in Grassley/Inhofe amendment No. 2444 (to nature but goes to something that is are finally acting to secure the border. amendment No. 2383), to provide that none of There is no one more ardent about that the funds made available under this act may large in nature in terms of our national than I am. But let me remind my col- be expended until the Secretary of Homeland security needs. leagues that the Department of Home- Security certifies to Congress that all new In terms of Senator VOINOVICH and land Security has presented this Con- hires by the Department of Homeland Secu- his concerns about spending—I admire gress with a multiyear strategic plan rity are verified through the basic pilot pro- him greatly. He has been a constant, for improving border security and en- gram authorized under section 401 of the Ille- serious, thoughtful voice about con- forcement, called the Secure Border gal Immigration Reform and Immigrant Re- trolling spending. This is an emergency sponsibility Act of 1996 or may be available designation, which means it is an off- Initiative. The Appropriations Sub- to enter into a contract with a person, em- committee recommendations have ployer, or other entity that does not partici- budget item. I think Senator VOINOVICH fully funded the Department’s request pate in such basic pilot program. has every right in the world to be con- for what they believe they can accom- Cochran (for Alexander/Collins) amend- cerned about how the Congress is plish in fiscal year 2008. ment No. 2405 (to amendment No. 2383), to spending money in a way for the next

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It is some- miles of border fence. We have ap- agents. thing that should have been done 20 proved the fencing. This would actually (3) STRONG BORDER BARRIERS.—The United years ago. Now we have taken up im- completely fund 700 miles of fencing. States Customs and Border Protection Bor- migration in a serious way. We had an The border is, I believe, over 2,000 der Patrol shall— extensive debate not long ago, and we miles. Why 700 miles? Seven hundred (A) install along the international land were not able to get comprehensive im- miles would allow us to control cross- border between the United States and Mex- migration reform, but I think most ico at least— ings where you can literally walk (i) 300 miles of vehicle barriers; Americans believe losing operational across the street. The technology we (ii) 700 linear miles of fencing as required control of the U.S.-Mexican border is a are putting into place through this by the Secure Fence Act of 2006 (Public Law national security issue of a serious na- amendment will control other areas. 109–367), as amended by this Act; and ture, and they applaud our efforts to The additional boots on the ground will (iii) 105 ground-based radar and camera put money into securing the border be- help in all phases. towers; and tween the United States and Mexico. On the catch-and-release program, (B) deploy for use along the international That is exactly what this amendment where you catch someone, turn them land border between the United States and does. Mexico 4 unmanned aerial vehicles, and the loose, and they come right back, well, supporting systems for such vehicles. If there were ever a legitimate emer- we are trying to deal with that prob- (4) CATCH AND RETURN.—The Secretary of gency in this country, I think this lem by increasing detention beds to Homeland Security shall detain all remov- would be one of those times because we 45,000, so when we catch someone, we able aliens apprehended crossing the inter- have lost control of our border. In the can detain them and deport them— national land border between the United age of terrorism, what does it mean for without them never showing up to States and Mexico in violation of Federal or a nation like the United States, which their hearing. State law, except as specifically mandated is being pursued by a vicious enemy The Cornyn addition will allow this by Federal or State law or humanitarian cir- that knows no boundaries, to lose con- cumstances, and United States Immigration $3 billion to be used in interior enforce- and Customs Enforcement shall have the re- trol of its border? ment in a way to go after people who sources to maintain this practice, including It means that you are opening your- have absconded, who have been de- the resources necessary to detain up to 45,000 self up to attack. Now, most of the peo- ported, who have been issued orders aliens per day on an annual basis. ple who come across the border come but have left and they are on the run. (b) PRESIDENTIAL PROGRESS REPORT.— here to work. This amendment does We can track them down and bring (1) IN GENERAL.—Not later than 90 days not deal with that. Hopefully, it will them to justice. after the date of enactment of this Act, and slow down how you get into the coun- Overall, this amendment is money every 90 days thereafter until the require- try. Hopefully, it will control who ments under subsection (a) are met, the well spent. I am sorry it has to be spent President shall submit a report to Congress comes into the country—people coming in an emergency fashion, but it is an detailing the progress made in funding, to work illegally or people coming emergency. The reason this is an emer- meeting, or otherwise satisfying each of the across the border to do us harm, it gency, we have let it get out of hand. requirements described under paragraphs (1) would make it more difficult. The goal of this amendment is oper- through (4) of subsection (a), including de- But the idea of employment and the ational control of the U.S.-Mexican tailing any contractual agreements reached magnet of employment is not addressed border. to carry out such measures. by this amendment. We need a tem- Mr. President, I call up amendment (2) PROGRESS NOT SUFFICIENT.—If the Presi- dent determines that sufficient progress is porary worker program. We need em- No. 2480 and ask for its immediate con- ployer verification systems so people not being made, the President shall include sideration. in the report required under paragraph (1) cannot come here and fraudulently get The PRESIDING OFFICER. The specific funding recommendations, author- jobs. That is not dealt with in this clerk will report the amendment. ization needed, or other actions that are or amendment. But this amendment is a The assistant legislative clerk read should be undertaken by the Secretary of great first step to controlling people as follows: Homeland Security. coming across our border and over- The Senator from South Carolina [Mr. SEC. 1003. APPROPRIATIONS FOR BORDER SECU- RITY. staying their visas. I think it is a step GRAHAM], for himself, Mr. ENZI, Mr. GREGG, There is hereby appropriated $3,000,000,000 that will get a large bipartisan vote. Mr. MCCAIN, Mr. MARTINEZ, Mr. KYL, Mr. to satisfy the requirements set out in section What does it do? The $3 billion in SUNUNU, and Mr. CORNYN, proposes an 1002(a) and, if any amount remains after sat- emergency spending will allow us to amendment numbered 2480 to amendment No. 2383. isfying such requirements, to achieve and hire 23,000 Border Patrol agents to go maintain operational control over the inter- report for duty; more boots on the Mr. GRAHAM. Mr. President, I ask national land and maritime borders of the ground, more people patrolling our bor- unanimous consent that the reading of United States, for employment eligibility der making it harder for somebody to the amendment be dispensed with. verification improvements for increased re- come across illegally. We should have The PRESIDING OFFICER. Without moval and detention of visa overstays, crimi- done this a long time ago. objection, it is so ordered. nal aliens, aliens who have illegally reen- This amendment allows the hiring of The amendment is as follows: tered the United States and for reimbursment of State and local section a substantially larger number of Bor- At the end, add the following: 287(g) expenses. These amounts are des- der Patrol agents, four unmanned aer- DIVISION B—BORDER SECURITY ignated as an emergency requirement pursu- ial vehicles that will allow us to patrol TITLE X—BORDER SECURITY ant to section 204 of S. Con. Res. 21 (110th isolated areas of the border by having REQUIREMENTS Congress). new technology in place—the un- SEC. 1001. SHORT TITLE. Mr. GRAHAM. Mr. President, I ask manned aerial vehicle has been a very This division may be cited as the ‘‘Border unanimous consent to add Senator effective tool in controlling illegal bor- Security First Act of 2007’’. HUTCHISON as a cosponsor. der crossings—one hundred and five SEC. 1002. BORDER SECURITY REQUIREMENTS. The PRESIDING OFFICER. Without ground-based radar and camera towers. (a) REQUIREMENTS.—Not later than 2 years objection, it is so ordered. We need walls along the border in after the date of the enactment of this Act, Mr. GRAHAM. I yield to Senator the President shall ensure that the following urban areas where you can walk across CORNYN to speak on this topic for 5 the street, but technology in the desert are carried out: (1) OPERATIONAL CONTROL OF THE INTER- minutes. and other areas of the border has prov- NATIONAL BORDER WITH MEXICO.—The Sec- The PRESIDING OFFICER. The Sen- en to be a good investment. This retary of Homeland Security shall establish ator from Texas. amendment seriously increases the and demonstrate operational control of 100 Mr. CORNYN. Mr. President, I wish amount of technology to detect illegal percent of the international land border be- to express my gratitude to Senator

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10060 CONGRESSIONAL RECORD — SENATE July 26, 2007 GRAHAM for his strong leadership on As we went through the immigration But regardless of that, today one of this issue. I know Senator PRYOR, on reform debate, we said we had to do the things that came through to me the other side of the aisle, is the prin- three things: First, we needed to en- loudly and clearly from the people in cipal Democratic cosponsor. force and fix our borders; secondly, we Arkansas is we need to secure our bor- I concur with what Senator GRAHAM needed to enforce our laws within our der. People do not want to wait 2 years, said. The necessity for this particular country; and, thirdly, we needed to fig- 3 years, 5 years, whatever it may be, to amendment is occasioned by the ne- ure out a realistic solution to the re- have border security; they want us to glect of the Federal Government over ality that we have 12 million undocu- start working on that now. the last 20 years at meeting its commented workers who are here in this That is what we are trying to accom- mitment to do whatever is necessary to country today. plish with this amendment today. keep the American people safe. This amendment takes a part of Again, I am very pleased that Senator This has become, of course, a na- those principal components and ad- GRAHAM, a true South Carolina con- tional focus in a post-9/11 world, when dresses it in a very effective way. In- servative Member of this body, some- we have to know who is coming across deed, when you look through the lan- one whom we all respect, someone who, our borders and what their intentions guage, what it does is it says we will even though he has impeccable con- are. We cannot any longer assume peo- hire 23,000 additional Border Patrol servative and Republican credentials, ple are coming across for benign rea- agents; we will have 4 unmanned aerial is willing to reach across the aisle to sons or are simply economic migrants vehicles and 105 ground-based radar work with others to try to get good because we know the same broken bor- and camera towers; we will have 300 things done for his State and for our ders that allow a person to come across miles of vehicle barriers and 700 miles country. He and Senator CORNYN of who wants to work in the United of fence; we will have a permanent end Texas and many others have worked on States can be exploited by human to the catch-and-release policy and ad- this issue. I am very pleased to be part smugglers or drug traffickers and po- ditional funding to enhance employ- of a bipartisan solution on border secu- tentially even those who want to come ment verification; we will have in- rity. here and commit acts of terrorism in creased removal and detention of visa One of the things I like about this the United States. overstays and reimbursement to State legislation is it adds $3 billion for bor- Yesterday, I made a part of the CON- and local governments for immigration der security. That means we will get GRESSIONAL RECORD, by unanimous expenses. 23,000 additional full-time border consent, the first of a four-part article So that all is good. It addresses one agents, we will get new border-moni- written in the San Antonio Express of the fundamental components of im- toring technology, we will get 300 miles News, documenting the movement of migration reform. So I am supportive of vehicle barriers, we will get 700 what are called special interest aliens; of what we are trying to do here. I do miles of fence. That is funded by this that is, individuals who are coming to wish to let my good friend and col- amendment. We will get 105 radar and America, from countries where ter- league, Senator GRAHAM, and my good camera towers, and we will get re- rorism is flourishing, through our bro- friend, Senator PRYOR, know that the sources to detain an additional 45,000 concern I have with the amendment, ken southern border. illegal immigrations who are in this notwithstanding the fact that I will The particular story that is docu- country right now. mented talks about a young Iraqi who support it, is that it is all focused on It also includes money to help with traveled from Damascus, Syria, to the southern border. some internal matters in this country, While it may be, and it is true our Moscow, to Havana and then to Guate- to help do some processing and look at borders are broken, it is not just the mala and then up through the southern employee issues and employer issues, border between Mexico and the United border, our southern border with Mex- et cetera. States that is broken. We have the ico, into the United States. Thank This is a good amendment. I think same kinds of problems in our ports, goodness this individual did not appear one of the things I heard loudly and we have the same kinds of problems to be committed to a life of terrorism, clearly from the immigration debates along our northern border. This is, we had on the Senate floor was people but it demonstrates the kind of vulner- frankly, unfair in terms of focusing in Arkansas want us to secure the bor- ability we have in this country, and it only on the Mexican border. We have to der first, let’s enforce the laws we have is important we do everything possible fix all our borders, not just the Mexi- on the books. They have been on the to protect it. can border. I am pleased with the majority lead- So while I will be supporting this books for a long time, and we have not er’s agreement to now allow us to in- amendment, I also intend to offer an- done a very good job of enforcing those clude the use of these funds for interior other amendment that will address the laws. enforcement because we know 45 per- other broken borders we have in our When I say ‘‘we,’’ I mean the admin- cent of the illegal immigration in this country because I think that is a way istration. The will to try to enforce the country occurs not from people who to be fair about it. It is the only way in laws we have on the books has not been violate the border but people who enter which we will ultimately achieve the there. I am not trying to point fingers. legally, then overstay and then go un- objective we have, which is dealing It is not only this administration; we derground. So I am grateful to the ma- with the national security of the can go back for a couple of decades. jority leader and am pleased to support United States of America. You cannot Regardless of that, I am not trying to this amendment. have national security when you have point fingers. Right now I want to look I yield the floor. broken borders. forward. I want to add to this amend- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ment an additional $3 billion for border ator from Colorado is recognized. ator from Arkansas. enforcement to enhance this Nation’s Mr. SALAZAR. Mr. President, I come Mr. PRYOR. Mr. President, I am very security. to the floor this morning to speak pleased that Senator GRAHAM and oth- I encourage my colleagues to look at about amendment No. 2480, the ers have come together to increase and this, give it very strong consideration, Graham-Pryor amendment. Let me enhance our border security in this and support this amendment. It is bi- first say the legislation Senator country. We all know in this Chamber partisan. We have a number of Sen- GRAHAM and Senator PRYOR have we have tried very hard to reform our ators who were on it originally, a num- brought to the floor this morning, in immigration system that we have on ber more have been added as we go terms of an amendment, is essentially the books. today. So I would, in closing, rec- the same language and has the same In fact, I have been very vocal saying ommend to my colleagues that they legislative provisions we had in the I am for immigration reform. I think give this very strong consideration. It comprehensive immigration reform we need to do that. But so far we have will allow us to enforce the laws we package. They are good aspects of that not been able to get that done in the have on the books, it allows us to en- legislation that allow us to move for- Senate. I believe, honestly, we need hance our border security in very real ward with securing and fixing our bor- more involvement with the White and very meaningful ways. I think it is ders. House in trying to get that done. what the American public wants.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10061 I yield the floor and suggest the ab- to occur. It is all part of what we need crease the number of Criminal Alien sence of a quorum and ask that the to do in order to ensure we have a safe Program and Fugitive Operations time be equally divided. and secure country. teams to locate and remove the over The PRESIDING OFFICER. Without Giving the American people the secu- 630,000 fugitive alien absconders whom objection, it is so ordered. The clerk rity and understanding that the Gov- a judge has already ordered to be re- will call the roll. ernment is serious about border en- moved. It provides an additional $1 bil- The bill clerk proceeded to call the forcement and about interior security, lion for border fencing, infrastructure, roll. we then will be able to move forward and technology. Mr. MARTINEZ. I ask unanimous with phases of the immigration reform Finally, it provides funds to procure consent that the order for the quorum act that did not come to pass. There additional helicopters, fixed-wing air- call be rescinded. was a lack of credibility that our Gov- craft, marine vessels, and other border The PRESIDING OFFICER. Without ernment has with the people with re- surveillance equipment, as well as objection, it is so ordered. spect to our seriousness of purpose in funds to construct additional border Mr. MARTINEZ. Mr. President, I rise border enforcement. This amendment stations in which our Border Patrol to speak on the border security amend- is a step forward. We are putting the agents work. This amendment is bal- ment No. 2480. As the immigration bill dollars that it needs, in addition to the anced, and it is focused on meeting the came to a close, there was one thing specific direction it ought to have, as immediate border security needs while that was very clear—there was una- well to ensure that we will have the enforcing our current immigration law. nimity and support for the issue of bor- kind of border security all Americans I urge my colleagues on my left and der security. The issue of protecting expect and want so that we can then my colleagues on my right to support our border is one we all understand. move forward with the other phases of the amendment. The American people understand. It immigration reform that are so des- I thank all Senators, and I yield the needs to be done. That was one of the perately needed. floor. many things that was in that bill that I yield the floor. Mrs. MURRAY. Mr. President, I sug- was undone that needed doing. The PRESIDING OFFICER (Mr. gest the absence of a quorum and ask I believe today we do a great thing by BROWN). The President pro tempore is unanimous consent that the time be moving this issue forward. We have a recognized. equally divided. great threat of terrorism, the contin- Mr. BYRD. I thank the Chair. The PRESIDING OFFICER. Without ued flow of illegal immigrants. We need Mr. President, the Senate yesterday objection, it is so ordered. to do all we can to secure our border. attempted to add $3 billion in emer- The clerk will call the roll. This amendment will provide an in- gency spending to secure our borders. I The bill clerk proceeded to call the crease in resources to improve our se- supported that effort. Unfortunately, roll. Mr. GRAHAM. I ask unanimous con- curity by building our physical pres- rather than voting on the substance of sent that the order for the quorum call ence and surveillance on the border the amendment, it was necessary for itself. It requires within 2 years of en- be rescinded. the Senate to vote on a procedural The PRESIDING OFFICER. Without actment that we secure operational matter. In order to provide for the or- objection, it is so ordered. control over the southern border be- derly processing of appropriations bills Mr. GRAHAM. Mr. President, I un- tween the United States and Mexico, in the Senate, it was essential to vote derstand Senator SESSIONS wishes to and it allows the Border Patrol and to sustain the ruling of the Chair under speak. He is on the way. As soon as he U.S. Customs to hire and train and re- rule XVI. However, I still believe it is gets here, we will gladly yield back any port for duty 23,000 full-time agents. I important that we not miss this oppor- time that is remaining. I wish to make believe this is a step in the right direc- tunity to provide robust funding to se- a couple comments about the amend- tion. The United States, in addition to cure our borders and to enforce our im- ment. that, will deploy four unmanned aerial migration law. Therefore, I support the No. 1, in terms of spending, it is one vehicles. These are essential for elec- amendment providing $3 billion—that of those situations where the country tronic surveillance in order to fully is $3 for every minute since Jesus finds itself in an emergency that protect our southern border. In addi- Christ was born—get that, hear me, $3 maybe shouldn’t have been an emer- tion, the U.S. shall engage in the catch for every minute since Jesus Christ gency to begin with because we have and return of illegal aliens. We know was born—in emergency spending to neglected our border security obliga- that a great many of those who are hire, train, and equip Border Patrol tions. here illegally have simply overstayed agents and immigration enforcement I ask unanimous consent to add Sen- their visas. This also permits interior officials, procure additional detention ators SPECTER, COLEMAN, and LINCOLN enforcement in order to be able to be beds, expand our immigration enforce- as cosponsors of the amendment. successful in implementing strong bor- ment efforts on the interior, construct The PRESIDING OFFICER. Without der and interior enforcement. Ninety border fencing infrastructure, and objection, it is so ordered. days from enactment of this bill and technology, and other steps to secure Mr. GRAHAM. We are where we are every 90 days thereafter, the adminis- our borders. as a nation. We have a porous border. tration shall report to Congress on the This $3 billion will not be encum- Every time a supplemental bill comes progress. If the progress isn’t on track, bered by controversial legislative and through on Iraq, it gets the votes from the report will include specific rec- policy issues. Instead, it will be used in this body that it needs to become law, ommendations for fixing the problem. support of already authorized activities because all of us understand, whether That is essential because for too long such as hiring Border Patrol agents, we disagree with the policies in Iraq, we have known we had a problem. We building fencing and other border tech- that once the soldiers and warfighters have thrown money at the problem, nology, and enforcing the immigration are there, our troops are there, there and the solutions have not always been laws already on the books. are certain things that have to flow what we wanted. Regardless of our po- Specifically, this amendment will from their presence, and we designate a sition on the issue of immigration, all hire, train, and equip at least 5,000 new lot of money for the Iraqi operation as of us can coalesce around the idea that Border Patrol agents, in addition to emergency spending; I believe right- border security is essential to the the 3,000 new agents funded in the un- fully so. rights of a sovereign nation. The de- derlying bill. It will procure more than Well, I would argue to anybody, Re- ployment of additional border agents, 4,000 additional detention beds, in addi- publican or Democrat, that one of the the end of catch and release, the provi- tion to the 4,000 new beds funded in the big chinks in our national security sion of additional space in beds, inte- underlying bill. It will hire more than armor is a porous border between the rior enforcement to ensure we can 1,000 new immigration investigators United States and Mexico, and this $3 begin to move forward to ensure those and detention and removal personnel billion will really help in a serious who have overstayed their visas, we to perform interior enforcement activi- way. It is serious money to deal with a understand how that happens and we ties such as expanding the work site serious problem that is truly an emer- keep track of that, and not allow them enforcement investigation. It will in- gency. It will add more boots on the

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10062 CONGRESSIONAL RECORD — SENATE July 26, 2007 ground. It will add agents for there to BYRD as a cosponsor to this amend- employer who sought to hire any of be a total of 23,000 border security ment. those individuals would know that agents on the border, which is a tre- The PRESIDING OFFICER. Without they are here legally. If you hired them mendous increase over what we have objection, it is so ordered. otherwise, it would be at your own now. I think it is like 13,000 or 14,000. Mr. PRYOR. Mr. President, I suggest peril. But the technology in this bill will be the absence of a quorum. There are some technical reasons a force multiplier. The technology we The PRESIDING OFFICER. The why Senator GRAHAM could not add spend money to secure will allow the clerk will call the roll. that provision in here. It is going to re- force in place to be multiplied by a fac- The bill clerk proceeded to call the quire more money, No. 1, plus some tor of many because the technology lit- roll. other issues regarding the rules of this erally leverages the boots on the Mr. SALAZAR. Mr. President, I ask body. So I am hopeful that there are ground in a tremendous way. unanimous consent that the order for some additional measures we will take The 45,000 additional bedspaces will the quorum call be rescinded. up after we, hopefully, adopt this stop a program that is really the wrong The PRESIDING OFFICER. Without amendment overwhelmingly, get this message to send—catch and release: We objection, it is so ordered. bill into conference, out of conference, catch you. We release you back. You Mr. SALAZAR. Mr. President, I ask and on the desk of the President. come again. Now we have bedspace to unanimous consent that I be added as a So I applaud my colleague from detain people to make sure they do not cosponsor to the Graham-Pryor amend- South Carolina, as well as Senator flee, and they are deported for coming ment, which is currently the pending PRYOR, who I know has worked very across the borders illegally. amendment. hard on this particular measure. This It is an effort to basically deal with The PRESIDING OFFICER. Without amendment does many of the things a problem that has been a long time in objection, it is so ordered. Senator ISAKSON and I have asked for, the making. There is money that will The senior Senator from Washington and we are very hopeful this will get to have a beneficial consequence to secur- is recognized. the desk of the President immediately. ing our borders. The term ‘‘operational Mrs. MURRAY. Mr. President, I sug- This will answer one of those questions control’’ is a military term. I look at gest the absence of a quorum and ask a lot of us heard during the immigra- this effort to secure our borders in unanimous consent that the time in tion debate from our constituents; that many ways as a military operation. the quorum call be evenly divided. is, why don’t you enforce the laws that I hope this amendment gets a strong The PRESIDING OFFICER. Without are on the books today? Well, here is bipartisan vote. I understand Senator objection, it is so ordered. the answer: We do not have the money VOINOVICH’s concern about the emer- The clerk will call the roll. to do it. This will give us the money to gency designation in spending money The legislative clerk proceeded to do some of those things. offline, but this is one of those times I call the roll. So I urge all of my colleagues to look think it is justified. Mr. CHAMBLISS. Mr. President, I very favorably on this amendment. To the administration, I understand ask unanimous consent that the order Let’s take the first right step to secure your concerns about spending, but you for the quorum call be rescinded. the borders. Then we can come back have sent hundreds of millions of dol- The PRESIDING OFFICER. Without and deal with the overall remaining lars in requests over—billions of dol- objection, it is so ordered. immigration issues that are out- lars—to the Congress to make sure we Mr. CHAMBLISS. Mr. President, I standing. have the money necessary to secure rise in support of the Graham amend- With that, Mr. President, I yield the Iraq for our troops’ point of view. Now ment to the Homeland Security appro- floor. it is time to spend $3 billion to secure priations bill. This is an issue which The PRESIDING OFFICER. The Sen- our borders here at home. has been with us for years now, an ator from Arkansas is recognized. I hope the body will understand this issue of border security which we sim- Mr. PRYOR. Mr. President, I ask is a step forward. It does not solve the ply, as a group of policymakers, have unanimous consent that Senators LIN- problem. We still have a magnet of em- not addressed in the right way. That COLN, BAUCUS, and WEBB be added as ployment that has to be dealt with. We became pretty obvious during our de- cosponsors to this amendment. need a temporary worker program. We bate on the immigration bill several The PRESIDING OFFICER. Without need a lot of things this amendment weeks ago. All of us heard from our objection, it is so ordered. does not cover. But this is a great start constituents back home that while The Senator from South Carolina. Mr. GRAHAM. Mr. President, I think in providing operational security to a overall immigration reform may be the Senator from New Hampshire and porous border that in the age of ter- needed in due course, what we need to the Senator from Alabama would like rorism is really not only an emergency do immediately is to take action to make sure our borders are, in fact, ac- to speak. We have until 11:35. but a national disgrace. I ask the Senator from New Hamp- I hope the taxpayers at large will see tually secure. That is the first step in shire, would you like 5 minutes? real immigration reform. this as a serious effort to do something Mr. GREGG. Thank you. about a problem which has huge con- Senator ISAKSON and I sent a letter Mr. GRAHAM. To be followed by the sequences over time if left to the administration imploring them Senator from Alabama. unaddressed. So I appreciate Senator to take action on this issue. We have The PRESIDING OFFICER. The Sen- REID working with us and Senator asked the administration to send an ator from Alabama and the Senator CORNYN making it better and my good emergency supplemental to the Senate from New Hampshire have a total of 7 friend from Arkansas, Senator PRYOR, and the House requesting that certain minutes 40 seconds. for helping us move the ball down the measures to secure our borders be en- Mr. GRAHAM. Mr. President, I ask road. acted and adequately funded. unanimous consent that it be evenly If this bill ever gets to conference, What Senator GRAHAM has done with divided. which I hope it will, I hope this provi- this amendment is a step in the right The PRESIDING OFFICER. Without sion is left standing as is because if direction toward ensuring that our bor- objection, it is so ordered. there is a retreat from this, from the ders—particularly our border to the The Senator from New Hampshire. money, and from the designations in south—are made secure. Mr. GREGG. Mr. President, I con- this amendment, I think it would be I am a little bit disappointed we can- gratulate the Senator from South considered a retreat in terms of regain- not go any further because what Sen- Carolina for reaching this under- ing operational control of our borders. ator ISAKSON and I have asked the ad- standing on how to proceed relative to So with that, I believe Senator ministration to do in its supplemental making sure our borders are secure. PRYOR wishes to be recognized. request to this body would be to in- The language in this amendment, The PRESIDING OFFICER. The Sen- clude the creation of a biometric iden- which adds a significant amount of ator from Arkansas is recognized. tification card so all of those folks who money to support the expansion of the Mr. PRYOR. Mr. President, I ask cross the border in a legal way would boots on the ground and the tech- unanimous consent to add Senator have that identification card and any nology on the border, is critical to the

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10063 first step—which has been related here not simply set off on their own recog- cause what happens is, a fence will by a number of individuals—of securing nizance to appear in court someday but multiply many times the effectiveness the border as part of our effort to get are actually restrained in a place so of a Border Patrol officer. comprehensive immigration reform. they can be returned back to the na- I ask my colleagues how you would I think we all understand the Amer- tion they came from in an orderly be able to control hundreds of miles of ican people are asking the question, manner, which is critical. border if you are just standing out Why isn’t the border secure? This has So this is a good bill and good lan- there by yourself. If the person trying been an effort that has been ongoing guage. I am glad we are making this to come in knows they have to cross a for a number of years now, to make the progress on it. fence, they will have a much harder border secure. But this amendment we Mr. President, I yield the floor. time and be much easier to apprehend. are taking up now would be the final The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- downpayment on what is necessary to ator from Alabama is recognized. ator’s time has expired. accomplish that goal. Mr. SESSIONS. Mr. President, the Mr. SESSIONS. I thank the Chair We know what we need in order to se- requirements of fencing, additional and yield the floor. cure the border. It is more border Border Patrol agents, bedspaces for The PRESIDING OFFICER. The Sen- agents, it is more physical fencing but those who have been detained who ator from Arkansas is recognized. a lot more virtual fencing, it is more come here illegally are not there as an Mr. PRYOR. Mr. President, I would detention beds, and it is more ICE end in themselves. Our goal—our real like to pick up on some of the com- agents. It is also necessary to have in goal—must be to create a change in the ments my colleagues on the Republican place the law these individuals need in mindset of what is happening at the side have made on this amendment. order to enforce the border and pursue border, to reach that tipping point in One of the things Senator SESSIONS people who come into this country ille- which the world knows our borders are just mentioned is that this is a con- gally and who may be inappropriately not wide open, that it is exceedingly crete proposal. I know he didn’t intend here and who are committing crimes difficult to penetrate them illegally the play on words, but this is concrete. here. Unfortunately, that language was and they are unlikely to be successful. We are talking about adding real bor- not included in this amendment. That As a result, we can move from the cur- der enforcement. It is real. It is bricks language was stripped out yesterday. rent situation—in which over a million and mortar. It is physical barriers. It But still, getting the resources in place people last year were arrested coming will definitely slow the influx of people in order to support the border is the into our country illegally—and see coming into this country who are not first critical step, and this bill does those numbers drop off, to reach that playing by the rules. that. tipping point, where the world knows Again, I want to thank my col- I have been working on this issue for that border is not open. leagues, both Democrats and Repub- a long time, both as past chairman of We have talked about it for all the 10 licans. We have been adding cosponsors the Homeland Security Appropriations years since I have been in the Senate. this morning to this legislation. I want Subcommittee and as past chairman of Presidents have talked about it. They to thank all of my colleagues who par- the Commerce, State, Justice Appro- have campaigned on it. Members have ticipated. I need to give a special priations Subcommittee in the Appro- talked about it. But we have not done thanks to Senator HARRY REID who priations Committee, as have Senator anything about it. That is why the helped pull this amendment together. COCHRAN and Senator BYRD. There has American people are not happy with To put $3 billion on border enforcement been a strong commitment on the part us. on the Homeland Security appropria- of the Appropriations Committee to ac- So I think this legislation will do tions makes perfect sense. It makes complish these goals. But there has al- some things of significance. It will perfect sense in terms of good govern- ways been additional resources needed fund 700 miles at the border and comment, and it makes perfect sense to the in order to fully fund border security. plete that process. Why it has taken as people all across this Nation. Now, with this amendment, we will ac- long as it has I am not sure, but work One of the messages I heard loudly tually put in place those additional re- is being done right now, although not a and clearly during the immigration de- sources. lot has been accomplished so far. I am bate which we finished a few weeks ago I congratulate the Senator from told that pretty soon we will see the is, people want more border enforce- South Carolina for bringing this proc- fencing come up that we have author- ment. They want the U.S. Government ess to closure. I congratulate the ma- ized and that the work is continuing to secure our border. There is no doubt jority leader for reaching a consensus on. So it will be 700 miles. That is real- about that; this is something the Fed- here that could be bipartisan. As Sen- ly progress, I have to say, but it is not eral Government has failed to do or has ator MCCONNELL said last night, this is the final installment. We are going to been pretty lax in trying to do over the a positive, bipartisan effort to try to have to do more in the years to come. last several years. Again, this didn’t step forward on one of the most critical It is actual fencing, plus virtual fenc- start with the Bush administration. I issues we have as a nation, which is ing also. think it has probably gotten worse dur- making sure the people who come into So I am pleased we have made a con- ing this time, but it goes back several this country come into the country le- crete step forward with this funding. It administrations. I am not here to point gally. will allow us, if the executive branch fingers today. So it is the end of a long road, quite uses it wisely, to transform in a signifi- By voting for this amendment today, honestly, relative to the responsibility cant way the open border system we Senators would add 23,000 additional of Congress. We will now have put in now have to a lawful system. That full-time border agents. We would add place the necessary resources to secure would be good for America in terms of new border monitoring technology. We the border. The question now becomes creating a lawful system of immigra- would add 300 miles of vehicle barriers, whether those resources will be effec- tion, and it will be good for the people 700 miles of fence, 105 radar and camera tively used. Certainly, we will have to who send us their money and expect us towers. We would add resources to de- use all our oversight capability to en- to do what we promise to do and that tain 45,000 illegal immigrants. sure that occurs, but at least we have we actually get serious about it and So this is, as Senator SESSIONS said, addressed our responsibility of making start taking steps in that direction. a concrete step in the right direction. sure the funds are there to support the With regard to fencing, other coun- This is good public policy. I know we necessary additional boots on the tries use fencing significantly. Spain is have broad bipartisan support for this ground, the additional expansion of se- constructing quite a lot of fencing on legislation. I want to thank my col- curity along the border in the form of their African border. Other countries leagues for giving this strong consider- virtual fencing and in the form of phys- are doing so in the EU. Hong Kong has ation, and I ask that they look at this ical fencing, and the additional deten- a border situation that they have dealt legislation before we vote in just a few tion beds necessary to make sure that with through fencing. It is not any- minutes. when someone is apprehended for com- thing unusual. It is the normal course Before I sit down, I ask unanimous ing into the country illegally, they are when you have a wide open border be- consent that Senator LANDRIEU and

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10064 CONGRESSIONAL RECORD — SENATE July 26, 2007 Senator MCCASKILL be added as cospon- [Rollcall Vote No. 278 Leg.] focused on the political impact of Fed- sors to this amendment. YEAS—89 eral prosecutions and whether Federal The PRESIDING OFFICER. Without Akaka Domenici McCaskill prosecutors were doing enough to bring objection, it is so ordered. Alexander Dorgan McConnell partisan voter fraud and corruption Allard Durbin Menendez cases. It is obvious that the reasons The Senator from South Carolina is Barrasso Ensign Mikulski given for these firings were contrived recognized. Baucus Enzi Murkowski Bayh Feingold as part of a coverup and that the Mr. GRAHAM. Mr. President, I ask Murray Bennett Feinstein Nelson (FL) stonewalling by the White House is unanimous consent to add as cospon- Biden Graham Nelson (NE) part and parcel of that same effort. Bingaman Grassley sors Senators ALEXANDER, DOLE, Pryor Just this week, during his sworn testi- Bond Gregg Reed DOMENICI, and VITTER. Boxer Hagel Reid mony, Mr. Gonzales contrasted these Brown Harkin The PRESIDING OFFICER. Without Roberts firings with the replacement of other Bunning Hatch objection, it is so ordered. Rockefeller U.S. attorneys for ‘‘legitimate cause.’’ Burr Hutchison Salazar The Senator from Alabama is recog- Byrd Inhofe The White House has asserted blan- nized. Cantwell Isakson Sanders ket claims of executive privilege, de- Cardin Kennedy Schumer spite testimony under oath and on the Mr. SESSIONS. Would the Senator Sessions Carper Kerry record that the President was not in- add me as a cosponsor? Casey Klobuchar Shelby Smith volved. The White House refuses to pro- Mr. GRAHAM. Absolutely. The Sen- Chambliss Kohl Clinton Kyl Snowe vide a factual basis for its blanket ator from Alabama, Mr. SESSIONS, and Coburn Landrieu Specter claims. The White House has in- Senator COBURN from Oklahoma also. Cochran Lautenberg Stabenow structed former White House officials The PRESIDING OFFICER. Without Collins Leahy Sununu Corker Levin Tester not to testify about what they know objection, it is so ordered. Cornyn Lieberman Thune and instructed Harriet Miers to refuse Mr. GRAHAM. Mr. President, I would Craig Lincoln Vitter even to appear as required by a House like to thank my good friend from Ar- Crapo Lott Warner Judiciary Committee subpoena. The DeMint Lugar Webb kansas. It has been a pleasure working Dole Martinez Whitehouse White House has withheld relevant doc- with him and all of my colleagues. Sen- uments and instructed other witnesses NAYS—1 ator GREGG has been working on this not to produce relevant documents to Voinovich issue for many years. Senator CORNYN’s the Congress but only to the White addition to the amendment last night NOT VOTING—10 House. has made it far better. If no one else Brownback Inouye Stevens Last week, the White House did much would like to speak—— Coleman Johnson Wyden to substantiate the evidence that it is Conrad McCain intent on reducing U.S. attorneys and Mr. PRYOR. Mr. President, I ask Dodd Obama unanimous consent to add Senator Federal law enforcement to merely an- The amendment (No. 2480) was agreed other partisan political aspect of its ef- FEINSTEIN as a cosponsor of this to. forts when it dispatched an anonymous amendment. Mrs. MURRAY. Mr. President, I senior official to take the position that The PRESIDING OFFICER. Without move to reconsider the vote. the U.S. attorney for the District of objection, it is so ordered. Mrs. BOXER. I move to lay that mo- Columbia would not be permitted to All time has expired. tion on the table. follow the statutory mechanism to test The question is on agreeing to the The motion to lay on the table was White House assertions of executive Graham amendment No. 2480. agreed to. privilege by prosecuting contempt of The PRESIDING OFFICER (Mr. Mrs. MURRAY. Mr. President, I ask Congress. In essence, this White House TESTER). The Senator from Vermont is asserts its claim of privilege is the for the yeas and nays. recognized. The PRESIDING OFFICER. Is there a final word, that Congress may not re- SUBPOENAS ISSUED view it, that no court can review it and sufficient second? Mr. LEAHY. Mr. President, today the that this White House, unlike any There appears to be a sufficient sec- Senate Judiciary Committee is issuing White House in history, is above the ond. subpoenas to political operatives at the law. The clerk will call the roll. White House for documents and testi- Two days ago, during an oversight Mr. DURBIN. I announce that the mony related to the committee’s ongo- hearing with Mr. Gonzales, the senior Senator from North Dakota (Mr. ing investigation into the mass firings Senator from Pennsylvania, the rank- CONRAD), the Senator from Connecticut of U.S. attorneys and the politicization ing Republican on the Senate Judiciary (Mr. DODD), the Senator from Hawaii of hiring and firing within the Depart- Committee, rightly asked: (Mr. INOUYE), the Senator from South ment of Justice. This is not a step I Mr. Attorney General, do you think con- Dakota (Mr. JOHNSON), the Senator take lightly. For over 4 months I have stitutional government in the United States can survive if the President has unilateral from Illinois (Mr. OBAMA), and the Sen- exhausted every avenue seeking the voluntary cooperation of Karl Rove authority to reject congressional inquiries ator from Oregon (Mr. WYDEN) are nec- on grounds of executive privilege and the essarily absent. and J. Scott Jennings but to no avail. President then acts to bar the Congress from I further announce that, if present They and the White House have getting a judicial determination as to wheth- and voting, the Senator from North stonewalled every request. Indeed, the er that executive privilege is properly in- Dakota (Mr. CONRAD), and the Senator White House is choosing to withhold voked? from Oregon (Mr. WYDEN) would each documents and is instructing witnesses There can be no more conclusive vote ‘‘yea.’’ who are former officials—not current demonstration of this administration’s officials but former officials—to refuse Mr. LOTT. The following Senators partisan intervention in Federal law to answer questions and provide rel- are necessarily absent: the Senator enforcement than if this administra- evant information and documents. tion were to instruct the Justice De- from Kansas (Mr. BROWNBACK), the We have now reached a point where partment not to pursue congressional Senator from Minnesota (Mr. COLE- accumulated evidence shows that polit- contempt citations and intervene to MAN), and the Senator from Arizona ical considerations factored into the prevent a U.S. attorney from fulfilling (Mr. MCCAIN). unprecedented firing of at least nine his sworn constitutional duty. In other Further, if present and voting, the U.S. attorneys last year. Testimony words, telling the U.S. attorney: Vio- Senator from Minnesota (Mr. COLEMAN) and documents show that the list was late your oath of office; don’t carry out would have voted ‘‘yea.’’ compiled based on input from the high- your sworn constitutional duty to The PRESIDING OFFICER. Are there est political ranks in the White House, faithfully execute the laws and proceed any other Senators in the Chamber de- including Mr. Rove and Mr. Jennings. pursuant to section 194 of title 2 of the siring to vote? And today I will subpoena Mr. Rove United States Code. The President re- The result was announced—yeas 89, and Mr. Jennings. The evidence shows cently abused the pardon power to fore- nays 1, as follows: that senior officials were apparently stall Scooter Libby from ever serving a

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10065 single day of his 30-month sentence for true faith and allegiance’’ to our found- ment for partisan political gain and conviction before a jury on multiple ing principles and law. such efforts to avoid accountability. counts of perjury, lying to a grand Mr. BYRD. Mr. President, may we Given the stonewalling by this White jury, and obstruction of justice. have order so that the Senator can be House, the American people are left to Stonewalling this congressional inves- heard? wonder: What is it that the White tigation is further demonstration that The PRESIDING OFFICER. May we House is so desperate to hide? As more this administration refuses to abide by have order? Take conversations outside and more stories leak out about the in- the rule of law. the Chamber, please. volvement of Karl Rove and his polit- This stonewalling is a dramatic Mr. BYRD. I hope the Senator will ical team in political briefings of what break from the practices of every ad- say that again. should be nonpartisan government of- ministration since World War II in re- Mr. LEAHY. I will. The witness testi- fices, I think we have a better sense of sponding to congressional oversight. In fied that she had taken an oath to the what they are trying to hide. We have that time, Presidential advisers have President. I reminded her the oath is to learned of political briefings at over 20 testified before congressional commit- the Constitution, not to any particular government agencies, including brief- tees 74 times voluntarily or compelled President. ings attended by Justice Department by subpoenas. During the Clinton ad- Mr. BYRD. Yes. officials. This week, the news was that ministration, White House and admin- Mr. LEAHY. The distinguished Sen- Mr. Rove briefed diplomats on vulner- istration advisers were routinely sub- ator from West Virginia, the constitu- able Democratic districts before mid- poenaed for documents or to appear be- tional authority in this body, knows term elections. Why, Senator fore Congress. For example, in 1996 that every President since George WHITEHOUSE properly asked at our alone, the House Government Reform Washington has sworn to preserve, pro- hearing yesterday, were members of Committee issued at least 27 subpoenas tect, and defend the Constitution of the our foreign service being briefed on do- to White House advisers. The veil of se- United States. mestic political contests? Mr. Gonzales crecy this administration has pulled Mr. BYRD. Yes. had no answer. Similarly, why were po- over the White House is unprecedented Mr. LEAHY. ‘‘ . . . to support and de- litical operatives giving such briefings to the Government Services Adminis- and damaging to the tradition of open fend the Constitution of the United tration, which rents government prop- government by and for the people that States’’ and ‘‘to bear truth fair and al- erty and buys supplies? In her testi- has been a hallmark of the Republic. legiance’’ to our founding principles The investigation into the firing for and law, not to a particular political mony before the Senate Judiciary Committee, the former political direc- partisan purposes of U.S. attorneys, party or to a President. tor at the White House ultimately had who had been appointed by this Presi- I pointed out to Ms. Taylor that the to concede that her briefings included dent, along with an ever-growing series oath I have been privileged to take as specific political races and particular of controversies and scandals have re- a U.S. Senator is likewise to the Con- candidates being targeted. stitution. I proudly represent the peo- vealed an administration driven by a In this context, is anyone surprised ple of Vermont. I know it is a privilege vision of an all-powerful Executive that the evidence in our investigation over our constitutional system of to serve as a temporary steward of the of the firings of U.S. attorneys for po- checks and balances, one that values Constitution and the values and pro- litical purposes points to Mr. Rove and loyalty over judgment, secrecy over tections for the rights and liberties of his political operations in the White openness, and ideology over com- the American people that it embodies. House? Despite the initial White House petence. My oath is not to a political party and denials, Mr. Rove’s involvement in What the White House stonewalling not even to the great institution of the these firings is indicated by the De- is preventing is conclusive evidence of U.S. Senate but to the Constitution partment of Justice documents we who made the decisions to fire these and the rule of law. As a former pros- have obtained and from the testimony Federal prosecutors. We know from the ecutor, I feel strongly that independent of high-ranking Department officials. testimony that it was not the Presi- law enforcement is an essential compo- This evidence shows that he was in- dent. Everyone who has testified has nent of our democratic government, volved from the beginning in plans to said that he was not involved. None of and that no one is above the law. remove U.S. attorneys. E-mails show the senior officials at the Department Despite the constitutional duty of all that Mr. Rove initiated inquiries at of Justice could testify how people members of the executive branch to least by the beginning of 2005 as to how were added to the list or the real rea- ‘‘take Care that the Laws be faithfully to proceed regarding the dismissal and sons that people were included among executed,’’ the message from this replacement of U.S. attorneys. The evi- the Federal prosecutors to be replaced. White House is that the President, Vice dence also shows that he raised polit- Indeed, the evidence we have been able President, and their loyal aides are ical concerns, including those of New to collect points to Karl Rove and the above the law. No check. No balance. Mexico Republican leaders, about New political operatives at the White No accountability. Mexico U.S. Attorney David Iglesias House. The law says otherwise. The criminal that may have led to his dismissal. He A former political director at the contempt statute, 2 U.S.C. § 194, pro- was fired a few weeks after Mr. Rove White House made a revealing admis- vides that if a House of Congress cer- complained to the Attorney General sion in her recent testimony before the tifies a contempt citation, the U.S. at- about the lack of purported ‘‘voter Senate Judiciary Committee when she torney to whom it is sent has a ‘‘duty’’ fraud’’ enforcement cases in his juris- refused to answer questions citing the and ‘‘shall’’ ‘‘bring it before the grand diction. oath she took to the President. In this jury for its action.’’ For this White We have learned that Mr. Rove raised constitutional democracy, the oath House to threaten to intervene in an similar concerns with the Attorney taken by public officials is to the Con- effort to preempt further investigation, General about prosecutors not aggres- stitution, not any particular President cover up the truth and avoid account- sively pursuing voter fraud cases in of any particular party. The Constitu- ability is an insult to the rule of law. several districts and that prior to the tion itself provides the oath of office of This law was duly passed by both 2006 mid-term election he sent the At- the President. Every President since Houses of Congress and signed by a torney General’s chief of staff a packet George Washington has shown to ‘‘pre- duly elected President of the United of information containing a 30-page reserve, protect and defend the Constitu- States. It is derived from law that has port concerning voting in Wisconsin in tion of the United States.’’ The oath been on the books since 1857, for 150 2004. This evidence points to his role for other Federal official is prescribed years. and the role of those in his office in re- by Congress through statute and pro- The Bush-Cheney White House con- moving or trying to remove prosecu- vides that every Federal officer’s duty tinues to place great strains on our tors not considered sufficiently loyal is not to support and defend any par- constitutional system of checks and to Republican electoral prospects. Such ticular President or administration but balances. Not since the darkest days of manipulation shows corruption of Fed- ‘‘to support and defend the Constitu- the Nixon administration have we seen eral law enforcement for partisan po- tion of the United States’’ and ‘‘to bear efforts to corrupt federal law enforce- litical purposes.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10066 CONGRESSIONAL RECORD — SENATE July 26, 2007 Documents and testimony also show Mr. MCCONNELL addressed the of the Democratic leadership have that Mr. Rove had a role in the shaping Chair. commented about Judge Southwick’s the administration’s response to con- Mr. CONRAD. Mr. President, on a nomination. These comments have, in gressional inquiries into these dismis- matter of personal privilege. my view, mischaracterized his record sals, which led to inaccurate and mis- The PRESIDING OFFICER. The Sen- and his service to the people of his leading testimony to Congress and ator from North Dakota. State. Worse still, some of our Demo- statements to the public. This response Mr. CONRAD. I ask for one moment, cratic colleagues have made insinu- included an attempt to cover up the I say to the leader. ations about the commitment of this role that he and other White House of- EXPLANATION FOR NOT VOTING fine man to the principle of equal jus- ficials played in the firings. Mr. CONRAD. Mr. President, I want tice for all. These gross insinuations Despite the stonewalling and ob- to indicate that on the last vote, Sen- are, of course, at odds with the views of struction, we have learned that Todd ator WYDEN and I were in the Budget his peers and his home State Senators, Graves, U.S. attorney in the Western Committee on the confirmation hear- both of whom actually know him. So over the next several days, we will District of Missouri, was fired after he ing of Mr. Nussle. We called over to ask continue to set the record straight, as expressed reservations about a lawsuit that the vote be held so that we could the ranking member did so ably yester- that would have stripped many Afri- come to the floor and cast our votes. If day, to ensure that the Senate does not can-American voters from the rolls in I had been here, my vote would have treat dishonorably an honorable man, a Missouri. When the Attorney General been ‘‘yea’’ on the Graham amend- replaced Mr. Graves with Bradley fine judge, and a courageous war vet- ment. I want the RECORD to reflect Schlozman, the person pushing the eran. Judge Southwick deserves more that fact. Senator WYDEN should also from this country than insinuation and lawsuit, that case was filed and ulti- be recognized for a similar purpose. innuendo. This leads me to a much mately thrown out of court. Once in The PRESIDING OFFICER. The Sen- place in Missouri though, Mr. broader point. ator from Oregon. My friend, the majority leader, and I Schlozman also brought indictments Mr. WYDEN. Mr. President, on a on the eve of a closely contested elec- have an understanding—at least I be- matter of personal privilege, I asso- lieve we had an understanding—as to tion, despite the Justice Department ciate myself with the remarks of Sen- policy not to do so. This is what hap- how this Senate would treat judicial ator CONRAD. I will be very brief. nominees in general. A fundamental pens when a responsible prosecutor is We were in the middle of critical replaced by a ‘‘loyal Bushie’’ for par- component of that understanding is issues. I was asking about a program that individual nominees will be treat- tisan, political purposes. that is a lifeline to the rural West, the Mr. Schlozman also bragged about ed fairly. That commitment to fair county payments program where the hiring ideological soulmates. Monica treatment may be in serious jeopardy administration is trying to change 100 Goodling likewise admitted ‘‘crossing with the Southwick nomination. years of history, and on a bipartisan the line’’ when she used a political lit- I remind my colleagues that the Ju- basis the Senate indicated it wants to mus test for career prosecutors and im- diciary Committee unanimously ap- oppose that program. migration judges. Rather than keep proved Judge Southwick for a lifetime Had I been here, I would have, as Federal law enforcement above poli- appointment to the district court just Senator CONRAD, voted for that meas- tics, this administration is more intent last fall, but it is now threatening to ure, strongly supporting efforts to on placing its actions above the law. kill his nomination on a party-line The Senator from Washington has strengthen border security. vote in committee. The only material been very good to let me have this Mr. MCCONNELL. Mr. President, I change in Judge Southwick’s qualifica- time. With our service of these sub- ask unanimous consent that I be able tions between last fall and now is the poenas, I hope that the White House to proceed for a few moments as in rating of the American Bar Associa- takes this opportunity to reconsider its morning business. tion, the Democrats’ gold standard for blanket claim of executive privilege, The PRESIDING OFFICER. Without judicial nominees. The ABA has actu- especially in light of the testimony objection, it is so ordered. ally increased its rating of Judge that President was not involved in the The Senator from West Virginia ob- Southwick. In other words, they have dismissals of these U.S. attorneys. I jects? given him a higher rating for the cir- hope that the White House steps back Mr. BYRD. Mr. President, will the cuit court than for the district court. from this constitutional crisis of its distinguished Senator yield just for a Judge Southwick was rated ‘‘well own making so that we can begin to re- second? The Senator said ‘‘for a few qualified’’ for the district court. He is now rated ‘‘unanimously well quali- pair the damage done by its untoward moments.’’ How long is that? fied,’’ which means every single mem- interference with federal law enforce- Mr. MCCONNELL. Probably about 5 ber of the committee who took a look ment. That interference has threatened minutes. at his credentials for the circuit court our elections and seriously undercut Mr. BYRD. That is fine. I have no ob- found Judge Southwick well qualified. the American people’s confidence in jection. That is the highest possible rating one the independence and evenhandedness The PRESIDING OFFICER. The Re- can achieve for a judicial nomination of law enforcement. Mr. Rove and the publican leader. from the American Bar Association. White House must not be allowed to CONDOLENCES TO SENATOR NORM COLEMAN AND FAMILY It goes without saying that for com- continue manipulating our justice sys- mittee Democrats to oppose Judge tem to pursue a partisan political Mr. MCCONNELL. Mr. President, let me notify all Members of the Senate Southwick for the circuit court after agenda. Apparently, this White House having supported him for the district would rather precipitate an unneces- that Senator NORM COLEMAN’s father passed away this morning. Therefore, without any change in the man’s sary constitutional confrontation than record would certainly fall far short of do what every other administration he missed the vote that we just had and will be missing votes for the re- treating the man fairly. has done and find an accommodation I encourage my Democratic col- with the Congress. If there are any mainder of this week. I know I speak for all Members of the Senate in send- leagues to think hard about the impli- cooler or wiser heads at the White cations of unfair treatment for Judge ing our condolences to Senator COLE- House, I urge them to reconsider the Southwick for this Congress and, for course they have chosen. MAN and his family at this very sad time. We look forward to having him that matter, for future Congresses. There is a cloud over this White I thank the Chair, and I yield the back in the Senate in due time. House and a gathering storm. I hope floor. they will reconsider their course and NOMINATION OF JUDGE LESLIE SOUTHWICK Mr. COCHRAN. Mr. President, I sug- end their cover up so that we can move Mr. MCCONNELL. Mr. President, I gest the absence of a quorum. forward together to repair the damage wish to make a few observations about The PRESIDING OFFICER. The done to the Department of Justice and the nomination of Judge Leslie South- clerk will call the roll. the American people’s trust and con- wick to the Fifth Circuit Court of Ap- The assistant legislative clerk pro- fidence in Federal law enforcement. peals. Over the past few days, members ceeded to call the roll.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10067 Mr. VITTER. Mr. President, I ask Protection may be used to prevent an indi- annual antidumping and counter- unanimous consent that the order for vidual not in the business of importing a prevailing duties collected on a case-by- the quorum call be rescinded. scription drug (within the meaning of sec- case basis. The report stated that while The PRESIDING OFFICER. Without tion 801(g) of the Federal Food, Drug, and CBP distributed nearly $400 million to Cosmetic Act) from importing a prescription more than 1,700 affected domestic pro- objection, it is so ordered. drug from Canada that complies with the AMENDMENT NO. 2488 TO AMENDMENT NO. 2383 Federal Food, Drug, and Cosmetic Act: Pro- ducers in fiscal year 2006, a whopping— Mr. VITTER. Mr. President, I ask vided, That this section shall apply only to hear me—a whopping $146,391,239.89 was unanimous consent to set aside the individuals transporting on their person a due but never—never—collected. As- pending amendment so that my amend- personal-use quantity of the prescription toundingly, the amount of uncollected ment at the desk may be called up, drug, not to exceed a 90-day supply: Provided antidumping and countervailing duties further, That the prescription drug may not not collected since 2000 is approaching amendment No. 2488. be— The PRESIDING OFFICER. Without $700 million. (1) a controlled substance, as defined in Let me read that again. Hear me objection, it is so ordered. section 102 of the Controlled Substances Act now. Astoundingly, the amount of un- The clerk will report. (21 U.S.C. 802); or collected antidumping and counter- The legislative clerk read as follows: (2) a biological product, as defined in section 351 of the Public Health Service Act (42 vailing duties not collected since the The Senator from Louisiana [Mr. VITTER], year 2000 is approaching $700 million, for himself, Mr. NELSON of Florida, and Ms. U.S.C. 262). with the largest uncollected amount, STABENOW, proposes an amendment num- The PRESIDING OFFICER. The Sen- bered 2488 to amendment No. 2383. ator from Louisiana. over $400 million, owed in a single case: Mr. VITTER. Mr. President, simply dumped crawfish tail meat from China. Mr. VITTER. Mr. President, I ask On June 20, 2007, CBP advised that, so I can understand the posture we are unanimous consent that the reading of since October 1, 2001, CBP has simply in and the nature of this amendment, I the amendment be dispensed with. ‘‘written off’’ $30.3 million in uncol- The PRESIDING OFFICER. Without suggest the absence of a quorum. lected antidumping and countervailing The PRESIDING OFFICER. The objection, it is so ordered. duties. The greatest amount written The amendment is as follows: clerk will call the roll. off, again, was in the case of crawfish The assistant legislative clerk pro- (Purpose: To prohibit U.S. Customs and Bor- meat from China, where CBP wrote off der Protection or any agency or office ceeded to call the roll. nearly $7.5 million. That is a lot of Mr. BYRD. Mr. President, I ask unan- within the Department of Homeland Secu- money. This is money that otherwise rity from preventing an individual not in imous consent that the order for the would have been distributed directly to the business of importing a prescription quorum call be rescinded. eligible U.S. crawfish producers. This drug from importing an FDA-approved pre- The PRESIDING OFFICER. Without means these funds will never be distrib- scription drug from Canada) objection, it is so ordered. On page 69, after line 24, add the following: Mr. BYRD. Mr. President, Senator uted to the hundreds of deserving American families to whom they are SEC. 536. None of the funds made available LANDRIEU joined me in including im- in this Act for U.S. Customs and Border Pro- portant language in the Senate report owed. What a shame. tection or any agency or office within the Have Senators heard of Moon that accompanies the Homeland Secu- Department of Homeland Security may be Landrieu? That was this Senator’s fa- rity Appropriations Act for Fiscal Year used to prevent an individual from importing ther, Senator LANDRIEU. I would like to a prescription drug from Canada if— 2008. This language addresses a serious ask my esteemed colleague from Lou- (1) such individual— trade problem that is affecting the isiana, Senator LANDRIEU, if she is (A) is not in the business of importing a United States and many of its most similarly concerned about our Govern- prescription drug (within the meaning of sec- critical industries. Our report language tion 801(g) of the Federal Food, Drug, and ment’s failure to collect these funds, directs U.S. Customs and Border Pro- recompense which is now lost—to Cosmetic Act (21 U.S.C. 381(g))); and tection to undertake a more vigorous (B) only imports a personal-use quantity of whom? To Louisiana’s honest and hard- such drug that does not exceed a 90-day sup- approach to collecting unpaid anti- working crawfish farmers and proc- ply; and dumping and countervailing duties essors. (2) such drug— which are owed the United States Ms. LANDRIEU. I thank Senator (A) complies with sections 501, 502, and 505 under the U.S. trade laws. BYRD, because I am extremely con- of the Federal Food, Drug, and Cosmetic Act In our report language, the Appro- cerned about this situation and hope (21 U.S.C. 351, 352, and 355); and priations Committee directs CBP to we could find a remedy. I commend the (B) is not— work with the Departments of Com- Senator for his work over many years, (i) a controlled substance, as defined in merce and Treasury and the Office of section 102 of the Controlled Substances Act to try to make sure our trade laws are (21 U.S.C. 802); or the U.S. Trade Representative to in- fairly enforced and that agreements we (ii) a biological product, as defined in sec- crease the collection of duties owed on have entered into, with countries such tion 351 of the Public Health Service Act (42 unfairly traded U.S. imports. CBP— as China and others, are followed. But U.S.C. 262). Customs and Border Protection—is di- in this instance, as the Senator has so AMENDMENT NO. 2496 TO AMENDMENT NO. 2488 rected to provide an annual report to eloquently stated in this discussion Mr. COCHRAN. Mr. President, I send the committee within 30 days of each this morning on the floor, this situa- an amendment to the desk and ask it year’s distributions under the Contin- tion is not being handled correctly. Our be reported on behalf of myself and Mr. ued Dumping and Subsidies Offset Act. industries, particularly in Louisiana, BYRD. The CBP report must summarize the that he has mentioned, our crawfish The PRESIDING OFFICER. The Agency’s efforts to collect past-due producers have lost more money from clerk will report. amounts and to increase current col- the failure of U.S. importers to pay du- The legislative clerk read as follows: lections, particularly with respect to ties owed by China than any industry The Senator from Mississippi [Mr. COCH- cases involving unfairly traded U.S. in our Nation. In Louisiana alone—I RAN], for himself and Mr. BYRD, proposes an imports from China. know it might be hard for people to be- amendment numbered 2496 to amendment The Continued Dumping and Subsidy lieve this, but as spring rolls around, it No. 2488. Act—also known as the Byrd amend- will become quite evident—we have Mr. COCHRAN. Mr. President, I ask ment—was enacted on October 28 in the 3,300 crawfish farmers in our State and unanimous consent that further read- year of our Lord 2000. It provides that over 40 processors who employ a tre- ing of the amendment be dispensed assessed duties received pursuant to ei- mendous number of people and con- with. ther an antidumping or a counter- tribute hundreds of millions of dollars The PRESIDING OFFICER. Without vailing duty order must be distributed to our economy. The Senator from objection, it is so ordered. by Customs to affected domestic pro- West Virginia understands our Govern- The amendment is as follows: ducers for certain expenditures that ment has failed to collect almost $70 In lieu of the matter propoed to be in- the producers incurred after the order million for this industry alone. This is serted, insert the following: was put in place. antidumping duties on crawfish tail None of the funds made available in this On June 4, 2007, CBP transmitted to meat from China owed to the proc- Act for United States Customs and Border Congress a fiscal year 2006 report on essors in my State and to our crawfish

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10068 CONGRESSIONAL RECORD — SENATE July 26, 2007 farmers. There are additional funds issue of noncollection. I hope, even if (D) A description of diplomatic efforts cur- that are owed. this Subsidy Offset Act expires, our rently being made to improve the coopera- It is my understanding—and the Sen- Government will continue to collect tion of the governments described in sub- ator from West Virginia is very the money that is owed to us during paragraph (C). (E) A description of the current status of aware—that our Customs officials are the time this act was in effect. It the top leadership of al Qaeda and the strat- required to collect these duties, but means a great deal to the small busi- egy for locating them and bringing them to they are not being collected. Many of nesses in my State, to crawfishers and justice. these importers simply close up shop, catfish producers equally. I am hoping (F) An assessment of whether al Qaeda re- they change their names, they move we can make some progress and do not mains the terrorist organization that poses offshore, they reorganize, and evi- continue to have our trade laws under- the greatest threat to United States inter- dently we are not able to collect the mined in this way. ests, including the greatest threat to the ter- money that is owed to us. It is a great I thank the Senator for this time on ritorial United States. the floor and I thank him for his con- (3) FORM OF REPORT.—Each report sub- detriment to this particular industry mitted to Congress under paragraph (1) shall and to others. tinued work on this issue. be submitted in a classified form, and shall I have expressed concern over the The PRESIDING OFFICER. The Sen- be accompanied by a report in unclassified years. We are going to continue to ator from North Dakota. form that redacts the classified information press this issue. We will continue in AMENDMENT NO. 2505 TO AMENDMENT NO. 2468 in the report. Congress to work to solve this problem. Mr. DORGAN. Mr. President, I ask Mr. COCHRAN. Mr. President, point I feel very strongly that our U.S. Sec- for the regular order. I send an amend- of order. What is the pending business retary of Commerce, Secretary Gutier- ment to the desk. before the Senate? rez, and the U.S. Trade Ambassador, Mr. VITTER. I object. The PRESIDING OFFICER. The Susan Schwab, should take this up di- The PRESIDING OFFICER. Amend- Landrieu amendment, No. 2468, with rectly with the China Ministry of For- ment No. 2468 is pending. The clerk will the Dorgan second degree. eign Trade and Economic Cooperation. report. The Senator from North Dakota. China sought to become a WTO mem- Mr. COCHRAN. I make a point of Mr. DORGAN. Mr. President, I have ber. It is my firm belief, if China wants order. sent a second-degree amendment to the to receive the benefits that accrue to The PRESIDING OFFICER. The desk to the Landrieu amendment. My them through WTO, they should en- clerk will report. second degree will not strike her force them and help us, and we should The assistant legislative clerk read amendment. As a matter of fact, it will do a better job of making sure the im- as follows: add at the end of her amendment the porters abide by the rules we have The Senator from North Dakota [Mr. DOR- provisions of an amendment I had of- agreed to. GAN], for himself and Mr. CONRAD, proposes fered on Defense authorization. I am to I was very pleased to see in response an amendment numbered 2505 to amendment chair the Democratic Policy Com- No. 2468. to concerns raised by the Senate, GAO mittee luncheon in a few minutes so I Mr. DORGAN. I ask unanimous con- recently announced it has begun an in- am not able to speak at length about sent the reading of the amendment be depth investigation as to why our Gov- this amendment. I intend to do that at dispensed with. ernment cannot seem to collect duties some later point. The PRESIDING OFFICER. Without I wish to mention what Senator owed to U.S. industries on goods im- objection, it is so ordered. LANDRIEU has described in her first-deported from China. The amendment is as follows: gree amendment, the interest in having Since 2003, the total amount of uncol- (Purpose: Relating to bringing Osama bin as our major policy goal here with re- lected duties on all antidumping coun- Laden and other leaders of al Qaeda to jus- spect to the fight against terrorism, tervailing duty orders for all countries tice) the destruction of and elimination of totaled $630 million. Of this amount, At the end of the amendment, add the fol- the leadership of al-Qaida, Osama bin $485 million, or 77 percent of the total, lowing: Laden. My amendment is one I had of- relates to 34 specific antidumping and SEC. 536. (a) ENHANCED REWARD FOR CAP- fered, as I said, to the Defense author- TURE OF OSAMA BIN LADEN.—Section 36(e)(1) countervailing duty orders that have ization bill, previously. It is an amend- been imposed by the United States on of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(e)(1)) is amended ment that requires a quarterly classi- agriculture and aquacultural imports fied report to be offered to the Con- from all countries. Of that $485 million, by adding at the end the following new sentence: ‘‘The Secretary shall authorize a re- gress that would tell us what is being 73 percent relate to six antidumping or- ward of $50,000,000 for the capture or killing, done to bring to justice the leadership ders that have been imposed on U.S. or information leading to the capture or of al-Qaida. agricultural and aquacultural imports death, of Osama bin Laden.’’. The reason for offering that is quite from China alone. (b) STATUS OF EFFORTS TO BRING OSAMA simple. A week ago, we had a new Na- While the biggest duty noncollection BIN LADEN AND OTHER LEADERS OF AL QAEDA tional Intelligence Estimate, an NIE, TO JUSTICE.— problem in my State relates to the given to the Congress in classified and (1) REPORTS REQUIRED.—Not later than 90 crawfish industry, as the Senator from unclassified form; an NIE that was re- West Virginia most certainly knows, days after the date of the enactment of this Act, and every 90 days thereafter, the Sec- ported to the American people. The re- Louisiana also is experiencing a prob- retary of State and the Secretary of Defense ports were not particularly surprising lem with our catfish farmers. I see the shall, in coordination with the Director of but in some ways stunning. The report senior Senator from Mississippi. This National Intelligence, jointly submit to Con- says the greatest terrorist threat to affects Mississippi, it affects Arkansas, gress a report on the progress made in bring- our homeland, in this country—the it affects Alabama. We were unable to ing Osama bin Laden and other leaders of al greatest terrorist threat to our home- collect almost one-third of the fees Qaeda to justice. land is al-Qaida and its leadership. It (2) ELEMENTS.—Each report under para- that are owed to our catfish farmers. also says al-Qaida and its leadership is These are hard-working graph (1) shall include, current as of the date of such report, the following: in a secure hideaway or safe harbor. businesspeople who work long hours, (A) An assessment of the likely current lo- I ask the question for which there is who are trying to run these industries cation of terrorist leaders, including Osama no answer: Why, nearly 6 years after and abide by all environmental regula- bin Laden, Ayman al-Zawahiri, and other 9/11/2001, in which Osama bin Laden tions, pay their taxes, abide by all the key leaders of al Qaeda. boasted about engineering the murder wage and hour laws in this country. (B) A description of ongoing efforts to of thousands of innocent Americans— When we enter into trade agreements, bring to justice such terrorist leaders, par- why, after 6 years, is there a safe har- the least our Government can do is en- ticularly those who have been directly impli- bor or secure hideaway anywhere on force them. That is what I come to the cated in attacks in the United States and its this planet for the leadership of al- embassies. floor to express my concern about, (C) An assessment of whether the govern- Qaida and for Osama bin Laden? That, through this colloquy with the distin- ment of each country assessed as a likely lo- in my judgment, is a failure. guished Senator from West Virginia. cation of top leaders of al Qaeda has fully co- We have a lot of briefings in this Con- I commend the Senator for his tire- operated in efforts to bring those leaders to gress; some of them classified, top se- less work. We are going to press on this justice. cret briefings. There are no briefings

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10069 that I am aware of on what is being quired a quarterly classified report to luncheon in just a moment. I wanted to done or what has not been done to be made to the Congress, every quar- make a comment on the amendments bring to justice, to apprehend, and ter, from this administration and from that have been offered, and perhaps eliminate the leadership of al-Qaida. any administration, to say what they after the policy committee luncheon, if Those briefings do not exist. One of the are doing, to tell us what they have these issues are still pending, I will be reasons that perhaps we have not seen been doing to try to apprehend and able to comment. progress in bringing to justice and bring to justice and eliminate the lead- Senator VITTER has offered an eliminating the leadership of al-Qaida ership of the greatest terrorist threat amendment dealing with prescription is the President himself said: I don’t to this country. drugs. Senator COCHRAN has second- think much about that. I don’t think Is it too much to ask that we ought degreed that amendment, as I under- much, don’t care much about Osama to be informed? stand it. I believe we ought to have ac- bin Laden. Mr. BYRD. No. cess to lower priced prescription drugs, If you believe the intelligence esti- Mr. DORGAN. We ought to under- FDA-approved prescription drugs. mates, they are today planning addi- stand what is being done or what is not Lower priced prescription drugs exist tional attacks against this country. being done. I think the American peo- in virtually every other country of the Yesterday, we woke up to the news ple have a reason to ask the question: world. Why should the American con- that there are apparently dry runs, Why, nearly 6 years later, do we now sumer not have the capability to ac- they think—our intelligence people read—and I have read it on a number of quire them under our current rules? I think there are dry runs being made in occasions in unclassified versions of would say that we already have a cir- our airports with various things classified reports that say—there is a cumstance where we are allowed about packed in luggage by terrorists who secure hideaway for Osama bin Laden a 90-day supply of drugs, if someone want to do potential attacks later. We and the leadership of al-Qaida? walks across the border or drives There is a secure hideaway. There is hear all these reports and the question across and comes back with a personal safe haven. Now, why should any place remains: Why is it the leadership of the use, 90-day supply. Very few Americans on this Earth be secure or safe for organization that poses the greatest live close enough to the border to be those who would attack this country? terrorist threat to this country has a Mr. BYRD. Where? Where? Where is able to do that. But we have an amend- secure hideaway somewhere or a safe that, Senator? ment that is a broad bipartisan amend- haven somewhere? There ought not be Mr. DORGAN. Well, the intelligence ment; 30-some Members of the Senate a square inch of ground on this planet reports indicate that somewhere be- have worked on it, cosponsored it. This that is safe for those who murdered tween Pakistan and Afghanistan, in will not be the legislation in which we Americans on 9/11, for those who pose the tribal-controlled mountainous reconsider that amendment, I do not ex- the greatest threat to this country. gions, there is some sort of safe hide- pect. That is intolerable. away or secure hideaway or safe haven, The amendment that Senator VITTER The Defense authorization bill will as they call it. I have flown over this has offered, as second-degreed by Sen- come back to the floor of the Senate, I region. I have looked down, and I know ator COCHRAN, would simply restate guess. This amendment I have offered there is no border. You cannot tell current rules; that is, currently what is is in that piece of legislation. But to what country you are in. I have flown allowed. It would simply restate cur- make certain this amendment becomes over the region that they call tribal- rent rules, which I assume offends no law and gets to the desk of the Presi- controlled between Afghanistan and one but accomplishes nothing as well. dent for signature, I have offered it to Pakistan. There is no evidence of a I yield the floor. this appropriations bill. I understand it country boundary. It is a tough coun- The PRESIDING OFFICER. The ma- fits better on Defense authorization. try, tough region, I understand that. jority leader. My hope is that is where it will wind But if we now have al-Qaida reconsti- Mr. REID. Mr. President, it is my un- up on the President’s desk. tuting and rebuilding training camps, derstanding there are 11 amendments It seems to me we went through ago- which they are doing—they are recruit- pending on this bill. There are points of nizing debates and passionate debates ing new recruits, they are building order that lie against several of them. on the floor of the Senate about the training camps, they are planning at- And the managers will make those war in Iraq. I respect everybody’s opin- tacks against the West, planning at- whenever they see fit. I hope that those ion on those issues. But while we have tacks against the United States of people who have other amendments soldiers who got up this morning and America, and doing so in a secure hide- pending would agree to short time strapped on body armor and got in away or safe haven—then I say that is agreements on them and accept a time humvees and then went and knocked wrong. It ought to be job No. 1 for this for voting. Maybe the managers can door to door in Baghdad in the middle country to eliminate the leadership of even accept some of them. of a civil war, where Shias are killing al-Qaida that represents the greatest This is a bill we want to finish today. Sunnis and Sunnis are killing Shias threat to our country. It is an important piece of legislation. and Shias and Sunnis are both killing That is the purpose of this amend- It has been improved in many different Americans—while that happened this ment, to say we want that to be the ways, not the least of which is this bor- morning in the middle of a civil war, overriding and overarching goal, and der security legislation that was passed we have the greatest terrorist threat to we want reports, classified reports earlier today. So I hope that Demo- this country apparently in a safe har- every single quarter of what has been crats and Republicans who offered bor or secure hideaway. That ought not done or what has not been done be- these amendments will contact the exist. First things first. Let’s fight the cause I do not believe, frankly, this has managers and agree on a reasonable pe- terrorists first and defeat the terrorists been a significant priority. riod of time so we can vote. It is 1 first. That ought to be the first and It certainly should have been. If it o’clock in the afternoon. It is impor- most important priority and responsi- has not been in the past, at least let’s tant we do this. bility. If they are the greatest threat make it so in the future. I do not want to sound like a stuck to this country, let’s eliminate that Mr. BYRD. I compliment the Senator record, but we have to finish this legis- threat. That ought to be the goal of on his statement. Am I a cosponsor of lation before we go home in August. We this country. That is why I offer this this amendment? have to finish the SCHIP bill before we amendment. Mr. DORGAN. I want to say that go home in August. We have a 9/11 con- Mr. BYRD. Senator, tell the Senate Senator CONRAD joins me in this ference report we have to finish before about his amendment again. Let me amendment. I ask unanimous consent we go home in August. We have the hear about the amendment again. that Senator BYRD be added as a co- ethics and lobbying reform we have to Mr. DORGAN. Mr. President, this sponsor as well. finish before we go home in August. We amendment has two parts to it. No. 1, The PRESIDING OFFICER. Without are going to do that. it increases the reward for the elimi- objection, it is so ordered. Everybody should understand—and, nation of the al-Qaida leadership and Mr. DORGAN. As I said, I have to of course, I mentioned on the floor Osama bin Laden, and, No. 2, it re- chair the Democratic policy committee about the bill that Senators Boxer and

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10070 CONGRESSIONAL RECORD — SENATE July 26, 2007 Inhofe have worked on dealing with The luxury we would have is also to The PRESIDING OFFICER. The WRDA, which is so important to the complete WRDA. The conference report clerk will report the modification. whole country, but certainly important is important. We should be able to do Mr. VITTER. Mr. President, I ask to the western part of the United that quickly. We got a huge vote when unanimous consent that the reading of States. it came out of here. the amendment be dispensed with. Mr. DORGAN. Would the Senator These are the things that we must do The PRESIDING OFFICER. Without yield for a question? before we leave. This is not anything objection, it is so ordered. Mr. REID. I would be happy to yield. new that I just sprung on anybody. The amendment, as modified, is as Mr. DORGAN. Let me say that on the That is something that I have been follows: amendment I just offered, I would be saying for a long time. We have made On page 69, after line 24, add the following: glad to a 10-minute time agreement great progress. I am very happy with SEC. 536. None of the funds made available when we get ready. I expect we will not it. We were able to get Wounded War- in this Act for U.S. Customs and Border Pro- need a recorded vote on that. But I riors done. We were able to get the pay tection or any agency or office within the know, as the Senator from Nevada is raise for the soldiers, sailors, airmen, Department of Homeland Security may be pointing out, we had an objection to used to prevent an individual from importing and marines. We were also able to pass a prescription drug from Canada if— even the motion to proceed on this bill, for the first time in 3 years the higher (1) such individual— which was strange to me. Why would education bill—that is important—rec- (A) is not in the business of importing a anybody have objected to proceeding? onciliation, getting the biggest change prescription drug (within the meaning of sec- Now we get a bill on the floor, and in how students are able to go to our tion 801(g) of the Federal Food, Drug, and Senator BYRD, Senator COCHRAN, the schools in our country since the GI Cosmetic Act (21 U.S.C. 381(g))); and chairman and ranking member, I know bill. We have a few things we need to (2) such drug— they want to get this done. I believe we do, and we really need to do it. (A) complies with sections 501, 502, and 505 ought to get these appropriations bills of the Federal Food, Drug, and Cosmetic Act I repeat, it is almost 1 o’clock on (21 U.S.C. 351, 352, and 355); and through and out of here. This is a good Thursday. I will be happy to work into (B) is not— bill. the night to complete this bill. I say (i) a controlled substance, as defined in I hope this afternoon Senators can that the managers of the bill says it section 102 of the Controlled Substances Act come and offer the amendments. I hope all, Senator BYRD and Senator COCH- (21 U.S.C. 802); or we can get this bill done today. It is RAN. They are the best we have. (ii) a biological product, as defined in sec- not just this bill, we have got a lot of The PRESIDING OFFICER. The Sen- tion 351 of the Public Health Service Act (42 appropriations bills we have to do. So ator from Louisiana. U.S.C. 262). the Senator from Nevada, the majority Mr. VITTER. Mr. President, taking Mr. VITTER. Mr. President, I will be leader, has an important message: We the distinguished majority leader’s happy to explain exactly what the need to get this appropriations bill words to heart, I would like to ask the modification is. The modification sim- done. It deals with homeland security Senate to return to the Vitter amend- ply takes one phrase out of the pre- after all. ment to try to dispose of that. vious version of my amendment. And Mr. REID. That is a really good ex- The PRESIDING OFFICER. Is there that single phrase in the old version of ample to set for the other people offer- objection? my amendment limited the amending amendments. I would also say, as I Mrs. MURRAY. Would the Senator ment to a 90-day supply of prescription said on the Senate floor this morning, repeat his request? drugs. there is an extremely important con- Mr. VITTER. The request is to return That limitation is now taken out of gressional delegation that is scheduled to the Vitter amendment to dispose of my amendment. That is the only thing to be in Greenland this weekend. I that and proceed with the business of the modification does. Now, the pur- would really like—first of all, I would the majority leader. pose of the modification is to now like to have gone on the trip. But there The PRESIDING OFFICER. Is there make it a pure funding limitation are 10 or 11 Senators scheduled to go on objection? amendment so that it is not subject to that trip. I hope that trip can take Mrs. MURRAY. What is the number the point of order of authorizing on an place. But we are going to have to get of the amendment? appropriations bill. this legislation done. Mr. VITTER. Amendment No. 2488, That is the full explanation of the If we get some idea that there is a which is pending. modification. real stall going on here, we will have to Mrs. MURRAY. Mr. President, I The PRESIDING OFFICER. The Sen- file cloture on the conference report would object at this time and suggest ator from Washington. dealing with homeland security, the 9/ the absence of a quorum. Mrs. MURRAY. Mr. President, I call 11 Commission recommendations, and The PRESIDING OFFICER. Objec- for the regular order with respect to that vote would not take place until tion is heard. The clerk will call the the Landrieu amendment. Saturday. So we are doing our best to roll. The PRESIDING OFFICER. The work through all of this. But I want ev- The assistant legislative clerk pro- Landrieu amendment is pending. eryone to know, as I have said here so ceeded to call the roll. Mr. MURRAY. I suggest the absence many times, we have a very few things The PRESIDING OFFICER. The Sen- of a quorum. to do, but we are going to do them. And ator from Louisiana. The PRESIDING OFFICER. The it is no bluff. We have a whole month Mr. VITTER. Mr. President, I ask clerk will call the roll. to complete everything in August. I unanimous consent that the order for The assistant legislative clerk pro- hope people will help us work through the quorum call be rescinded. ceeded to call the roll. that so that is not necessary. The PRESIDING OFFICER. Without Mrs. MURRAY. I ask unanimous con- Mr. BYRD. Mr. President, I would objection, it is so ordered. sent that the order for the quorum call like for our majority leader to say that Mr. VITTER. I renew my unanimous be rescinded. again. consent request to go back to amend- The PRESIDING OFFICER (Mrs. Mr. REID. I would be happy to do ment No. 2488. MCCASKILL). Without objection, it is that for my distinguished friend, the The PRESIDING OFFICER. Without so ordered. senior Senator from the State of West objection, it is so ordered. Mrs. MURRAY. Madam President, I Virginia, of the West Virginia hills. Mr. VITTER. Mr. President, at this wish to take a few minutes to walk ev- We have four things to do for sure: point I send a modification to the desk. eryone through where we are right the bill we are on now, this appropria- The PRESIDING OFFICER. The now. tions bill, children’s health, the con- amendment is so modified. About 15 or 20 minutes ago, the ma- ference report on the 9/11 Commission Mr. VITTER. Mr. President, just to jority leader came over to the Senate recommendations, and the message be transparent and clear to everyone, to talk to us about moving quickly that we are going to get from the this modification of my amendment through the Homeland Security appro- House on ethics and lobbying reform. takes out a specific provision limiting priations bill that is now on the floor Those four things are essential. the amendment to a 90-day supply. because, as he described, we have many

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If we it is. the managers of this legislation, Sen- can’t come to an agreement and trust So my disappointment in what has ators BYRD and COCHRAN, to work with each other on how the process is going happened in the last few minutes is—it Senators who have pending amend- to move forward and go outside that, appears Senator MURRAY said it in a ments to move them through in an or- we are not going to be able to get more discreet fashion than I am going derly fashion so we could possibly fin- through these amendments, because to say it. Somebody did not keep their ish this bill by tonight and go on to the this Senate really is based on trust. word. And that, I suggest, should be rest of the business that needs to be So, Madam President, we are now in worked out. I think if someone in this completed. the parliamentary position where we body is known to have broken their In complying with that, Senator have gone back to the regular order. word—and I was part of the little con- BYRD and Senator COCHRAN and myself Another amendment is pending. If we versation right here—you do not take worked out an agreement to begin to move through these in proper fashion, advantage of people. There are a lot of deal with some of those amendments. the amendment offered by Senator rules that allow you to take advantage That is how we work in the Senate. We VITTER will now be at the end of 12 of people, but you cannot do that. would never finish everything if we amendments that are now in order. At So this is not appropriate. This is didn’t take some time to have con- some point we will get to it, but we wrong. And I would hope that the Sen- versations to figure out how we can now are in a difficult position of: How ator from Louisiana would kind of re- work through amendments in an or- do we move through all these other trace his steps and back off and put us derly fashion. amendments that are being offered? back where we should be. If that is not There are 11 amendments currently How do we deal with all the other Sen- the case, and he chooses not to do that, pending that we are trying to work our ators who are going to come to the I think it is going to be a difficult way through. One of those amendments floor and ask us to work through these time, I would suggest, for him making is an amendment offered by the Sen- amendments, if we cannot have an other arrangements with Senators in ator from Louisiana, Mr. VITTER, agreement that this Senate—when Sen- the future because that is how we do which he had a right to come and offer. ators stand on the floor and agree to business here. It was not the pending matter. The it—knows that is what will occur? So The PRESIDING OFFICER. The Sen- pending matter was the Landrieu we find ourselves in a very difficult po- ator from Washington. amendment, second degreed by the sition. Mrs. MURRAY. Madam President— Dorgan amendment. I see the majority leader is on the while the majority leader is here, and In order to get to the amendment of- Senate floor and will yield to him if he the managers of the bill—the par- fered by Senator VITTER, we had to would like to make a statement. liamentary position in which we now agree by unanimous consent to set that The PRESIDING OFFICER. The ma- find ourselves is that the amendment aside. We talked to the Senator and jority leader is recognized. that is now before the Senate under the agreed on a process to dispose of his Mr. REID. Madam President, I gave a regular order is the Dorgan amendment amendment. Senator BYRD, Senator talk a week ago tomorrow to a group of to the Landrieu amendment. COCHRAN, Senator VITTER, and I were people. It was a church meeting. There Senator DORGAN was on the floor a here to come to an agreement that were adults and young adults there. I few minutes ago and said he would be Senator VITTER would offer his amend- told them about my experience serving willing to agree to a 10-minute debate ment. He understood that a point of in the Congress. I have served in the time and a vote. I know the majority order lay against that regarding House, and I have served in the Senate. leader has several issues that are going whether it was a rule XVI. He under- It is not like when I practiced law. on. I would like to ask the managers of stood that Senator COCHRAN’s second- When I practiced law, you put every- the amendment how they would like to degree amendment also was in the thing in writing. We do not do that in proceed at this point. same procedural difficulty. the Congress. We do not do that in the Mr. COCHRAN. Madam President, if The agreement was that we would Senate. Your word is your bond. If a the Senator will yield, I have no objec- agree to lay the amendment aside, Sen- Republican Senator or a Democratic tion to proceeding to a vote at what- ator VITTER would set aside the amend- Senator—it does not matter—if you ever time the majority leader suggests. Mr. REID. Madam President, if the ment, go to his amendment, and a tell them you are going to do some- Republican floor staff would check to point of order would lie against it, as thing, that is the way it is. well as a point of order against the sec- To show how powerful and important find out if we could do the vote at 1:50, 2 o’clock. Two o’clock is fine? Two ond degree offered by Senator COCH- that is, Alan Bible was a Senator from o’clock. RAN. It sounds complex, but the upshot Nevada who served 20 years and became Mrs. MURRAY. Madam President, I was, it would dispose of the amend- ill. He retired. When he passed away— ask unanimous consent that the Sen- ment, a point of order would lie against there was a plane that was always ate vote at 2 o’clock on or in relation- it, and we would move on to the other available to take Senators to funerals. ship to the Dorgan amendment to the numerous amendments that now lay The plane was scheduled to go to Ne- Landrieu amendment that is currently before the Senate. vada so Senators could attend Alan Bi- pending, with the time equally divided In this body, it is extremely impor- ble’s funeral. between now and 2 o’clock. tant that we all have the opportunity There was a Republican on that air- The PRESIDING OFFICER. Is there to work out these agreements so we plane, TED STEVENS. The reason he was objection? can work through bills in an orderly on that airplane was there was a vote Hearing no objection, it is so ordered. fashion. I assumed that would be the very important to TED STEVENS dealing Mr. REID. Madam President, are we case, that we had all agreed upon that with Alaskan oil. Alan Bible had given in a quorum call? and that would be the order this would his word he was going to vote with TED The PRESIDING OFFICER. No, we go to. STEVENS. There was tremendous pres- are not in a quorum call. Unfortunately, when the Senator sure on Alan Bible. Alan Bible’s vote Mr. REID. Madam President, I ask rose to ask to set aside the amend- was the essential vote, and he with- unanimous consent that the 15 minutes ment, according to the agreement we stood all the pressure and voted with prior to the vote be equally divided be- agreed to, I did not object. The Senator TED STEVENS. That is the reason TED tween those in favor of the amendment went to his amendment, and instead of STEVENS went to Reno, NV: to honor and those opposed to it. Senator DOR- going through the process we had all the life of Alan Bible because he kept GAN is in favor of it, so he would get 71⁄2 agreed upon, he sent a modification to his word. minutes. Is that appropriate? the desk that changed his underlying That is what we do in this Senate. The PRESIDING OFFICER. Without amendment and meant that it no We keep our word. It does not matter objection, it is so ordered. longer had a point of order lying with whom you make an arrangement; Mrs. MURRAY. Madam President, I against it. if you tell him you are going to do suggest the absence of a quorum and

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10072 CONGRESSIONAL RECORD — SENATE July 26, 2007 ask unanimous consent that the time Mr. VITTER. Thank you for the cour- lecture, of course, will hear how incred- be equally divided. tesy. ibly hard it is to remove entrenched The PRESIDING OFFICER. Without First of all, let me say to the distin- congressional majorities. They know objection, it is so ordered. guished Senator from West Virginia, I the statistics about how hard it is to The clerk will call the roll. have the utmost respect for him. I just defeat incumbents around here. It The bill clerk proceeded to call the want to clarify that it certainly is not doesn’t happen that often. But some- roll. my intent to delay anything. I am times, the American people rise up in Mrs. MURRAY. Madam President, I happy to proceed with votes on this one moment, as they did last Novem- ask unanimous consent that the order bill—all votes that are lined up, and ber, and they make history. Just six for the quorum call be rescinded. other votes. times in our 230-year history has one The PRESIDING OFFICER. Without I would also like to make this offer, party lost both Houses of Congress, and objection, it is so ordered. if it would clarify or help heal the past 2006 was the first time the Republican AMENDMENT NO. 2448 WITHDRAWN situation. I apologize if anything was Party failed to win a single House, Sen- Mrs. MURRAY. Madam President, on miscommunicated regarding the last ate, or gubernatorial office previously behalf of the Senator from New York, hour or so. But if it would help heal held by the Democrats. Mr. SCHUMER, I ask unanimous consent that, I would be happy to withdraw my We Democrats have been in that pre- to withdraw amendment No. 2448. pending amendment as long as I was dicament. In 1994, Democrats woke up The PRESIDING OFFICER. Without given the opportunity and assured of to a landslide defeat some people objection, it is so ordered. an opportunity to file a new amend- thought would never come. It wasn’t Mrs. MURRAY. Madam President, I ment, which is germane, and that could always easy, it wasn’t always collegial, suggest the absence of a quorum and be made pending. And, of course, in but we listened and we learned. To- ask unanimous consent that the time that context, I would have no objection gether, we reached across the aisle to be equally divided. to anyone, including Senator COCHRAN, balance the budget and reform welfare. The PRESIDING OFFICER. Without being able to offer a second-degree We wrestled with why we had lost, and objection, it is so ordered. amendment on that amendment. we wrestled with what we had to do in The clerk will call the roll. So I would be happy to withdraw my order to come together—not just as a The legislative clerk proceeded to pending amendment as long as I could party but as a country. call the roll. be given the opportunity to submit an Evidently, some people still haven’t Mr. BYRD. Madam President, I ask amendment that could be made pend- wrestled with what happened last No- unanimous consent that the order for ing rather than have the clock run out vember 7. Last November, Americans were ap- the quorum call be rescinded. or have proceedings and votes on the propriately angry. They saw our young The PRESIDING OFFICER. Without bill happen before that amendment men and women in uniform paying the objection, it is so ordered. would be made pending. ultimate sacrifice in Iraq for a failed Mr. BYRD. Madam President, I rise But, again, my main point is, it is policy that was stuck on autopilot. to express my disappointment with certainly not my intent to delay this They saw the number of Americans where we find ourselves on the pending bill, or any votes on amendments or without health insurance skyrocket to bill. We are debating the Homeland Se- the bill, and I am eager to proceed with 45 million, with more hard-working curity appropriations bill. The bill in- all of those. Americans joining them every day. cludes over $14 billion—spelled with a I thank the Senator for the courtesy They saw record-high oil prices and ‘‘b’’—for border security. By a vote of of yielding. global climate change—a reality denied 89 to 1, we just approved $3 billion in Several Senators addressed the and deferred and no serious national ef- emergency funding for border security. Chair. fort to address these issues. They saw I note that the bill also includes $1.7 The PRESIDING OFFICER. The Sen- staggering corruption and no account- billion for FEMA disaster relief to help ator from West Virginia has the floor. ability for the way the people’s House fund the response to Hurricane Mr. BYRD. Madam President, we had been turned into a refuge for the Katrina. have not seen any amendment. special interests. Americans saw a poli- The Senator from Louisiana—where Mr. VITTER. I will be happy to pro- tics and a party that was broken, and is he? Do you want to hear me? Come vide a copy of what that new amend- they rejected the stubbornness, cyni- on out. I want to say it in front of you. ment would be. I would be happy to do cism, corruption, and failed policies The Senator from Louisiana is now that right now. that made ‘‘Washington’’ a dirty word. holding up this bill over a legislative Mr. BYRD. Spell it out on the floor They voted for a change. matter that is not germane to the in front of everybody. What is the President Bush seemed to get the measure. As the manager of the bill, I amendment? message the day after the 2006 election thought we had reached an accommo- Madam President, I suggest the ab- when he said to America: sence of a quorum so that we may be dation on how to dispose of the matter. The message yesterday was clear. The Instead, the Senator from Lou- able to see the amendment. American people want their leaders in Wash- isiana—where is he? He was here a mo- The PRESIDING OFFICER. The ington to set aside partisan differences, con- ment ago. clerk will call the roll. duct ourselves in an ethical manner, and I thought we reached an accommoda- The legislative clerk proceeded to work together to address the challenges faction on how to dispose of the matter. call the roll. ing our Nation. Instead, the Senator from Louisiana of- Mrs. MURRAY. Madam President, I The President said he got the mes- fered a new amendment—a new amend- ask unanimous consent that the order sage, but the question has to be asked: ment. for the quorum call be rescinded. What have Republicans done since Is he here? All right. I want to say it The PRESIDING OFFICER. Without then? Where are they 6 months after in his presence. objection, it is so ordered. their worst electoral defeat in 50 years? Instead, the Senator from Louisiana Mrs. MURRAY. Again, I would re- What happened to the President’s post- offered a new amendment. I am dis- mind my colleagues that we are cur- election statements when measured appointed that the Senator from Lou- rently debating the Dorgan amendment against the President’s actions and isiana has decided to delay consider- to the Landrieu amendment. Senator those of the Republican minority in ation of a bill that includes critical KERRY is on the floor and wishes to the Senate? Those actions tell a very funds for aiding the victims of Hurri- speak. I yield him the time until 1:45 different story. Before the dust had set- cane Katrina. when it will be equally divided at that tled, before defeated Republicans had Did you hear me? Where is that Sen- time. So the Senator has 10 minutes. even cleaned out their offices, this ator? Mr. KERRY. Madam President, last President and his remaining allies in I am disappointed—— November was one of those truly rare Congress have made a calculation, on Mr. VITTER. Madam President, will moments in the short history of our issue after issue, that they would just the Senator yield? country and our democracy. Any polit- set out to stop everything from hap- Mr. BYRD. Yes, I yield. ical science student taking a freshman pening and then they would turn

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They Just look at what they have blocked. majority of the American people. would rather spend their time attack- They vetoed a Senate bill demanding a If you don’t believe me, listen to ing HARRY REID than attacking the Na- new strategy in Iraq. They vetoed a what the minority whip, Senator tion’s problems. Delay is no longer just stem cell research bill, science that TRENT LOTT, told a reporter just this a former Republican leader; it has be- could prove crucial to cures for 100 mil- April. He said: come a Republican way of life. lion Americans with Alzheimer’s or The strategy of being obstructionists can We have been busy debating progress Parkinson’s or diabetes or other dis- work or fail, and so far, it is working for us— in Iraq around here and measuring eases. Now, another veto is threatened The ‘‘us’’ being the Republican Party benchmarks. I can’t help but think as on children’s health care—of all things, and the minority in the Senate. we talk about measuring benchmarks children’s health care—a veto threat Well, I think the Senator is looking that pretty soon the Iraqi Government on a bill the President hasn’t even at it the wrong way. The question isn’t, is going to wonder whether the Repub- read, because he was worried about the Is it working for Republicans, is it lican caucus is going to meet any of its price tag. Well, we are talking about working for Democrats? The question benchmarks or any of the country’s our children’s health, and the bill of- is, Is it working for the American peo- benchmarks. fered just $7 billion each year for unin- ple? Is it working for the millions of For 6 months now, the Democratic sured children, while we spend 11⁄2 low-income children whose health care majority has worked in good faith to times that amount every month in funding the President has threatened deliver on our promises to the Amer- Iraq. Those are just the bills which to veto? Is it making us safer when you ican people. Because of the Democratic made it to the President’s desk. block the funding for the intelligence majority, the minimum wage earner in Senate Republicans blocked a vote on agencies? Is this obstructionist strat- America now makes 70 cents an hour a bill to allow the Federal Government egy working for the 12 million Ameri- more than they did under a Republican to negotiate lower prescription drug cans forced to live in the shadows of Congress—and soon they will be mak- prices for 43 million Americans on American life while our borders stay ing $2 more. The longest streak with- Medicare. Republicans are blocking the broken? Is it working for the 554 sol- out a raise in the minimum wage in the passage of a bill that would provide diers who have died in Iraq since Re- history of the minimum wage has crucial funding for the intelligence publicans first blocked a measure to ended but not before 4 months of Re- community. They are blocking ethics redeploy troops last February? publican obstruction cost each min- bills that would mark the most sweep- Instead of the Senate’s highest imum wage earner in America around ing ethics reform since Watergate. shared principles of consensus and bi- $500 in earnings. They don’t have the votes to stop it, so partisan accomplishment, the Repub- We passed legislation to make col- they are pulling a procedural maneuver licans have chosen the lowest common lege more affordable and cut interest and refusing to appoint conferees in denominator—a zero sum game in rates in half for millions of Americans order to hammer out the final details which they are willing to gamble the with student loans. We stood up to of the bill. American people’s loss for Republican powerful special interests and raised The Republicans are now setting gain. The Republican strategy seems to the fuel efficiency of our automobiles records for filibusters and obstruction. be to slash the tires of the Senate and by 10 miles per gallon. Twenty years The Senate record for filibusters is then wonder why we are still stuck on had passed since Washington raised the being set already, and it is only half- the side of the road and blame some- fuel standards, but Democrats took on way through this term. To paraphrase body else for that problem. the special interests and got it passed. Winston Churchill: Never, in the field Let me be clear what I am criticizing We passed funding for stem cell re- of Senate legislation, was so much here. I support the right of the minor- search. We passed the 9/11 Commission progress blocked for so many by so few. ity to filibuster. In fact, I have done so recommendations. We passed ethics Actually, they have made history, I myself. Every Senator in this body has and lobbying reforms. suppose, because thanks to the Senate that right. I support that right. But Just yesterday, we passed legislation Republicans, L.A. is no longer the cen- when filibustering not for the principle that will fix many of the shortfalls in ter of gridlock in America—it is right of the issue at hand but for the generic, our care for injured troops and vet- here. On issue after issue, the Repub- broad strategy of stopping what hap- erans, and, over yet another White licans have chosen to filibuster—and to pens here so you can blame the party House veto threat, we also passed a 3.5- do so just 2 short years after they de- in charge for not being able to finish percent raise for members of the mili- clared the filibuster, as their then- the work, that is unacceptable. tary. Most importantly, we passed leg- leader, Bill Frist, said in late 2004, The rights of the minority in the islation demanding that the President ‘‘nothing less than the tyranny of the Senate ought to be protected, but they face reality and begin redeploying minority.’’ After expressing outrage at also ought to be used responsibly too. troops from Iraq. the mere hint of a Democratic fili- Do I have a problem with time? Regrettably, there is, on almost buster last session, the Republicans The PRESIDING OFFICER (Mr. every one of these issues, today as I have suddenly become the principled SALAZAR). Yes. stand here a gap between how many of champions of so-called minority rights Mr. KERRY. I ask unanimous con- those policies that are aimed to help in the Senate, but minority rights sent for a few more minutes. everyday Americans, which enjoy the apply to legitimate filibusters for le- The PRESIDING OFFICER. Is there majority support of the Senate, and gitimate issues, not a policy of ob- objection? how many have actually been signed struction to stop everything that Without objection, it is so ordered. into law. Why? One simple reason: The comes along. Mr. KERRY. Mr. President, obstruc- President and his allies in Congress After threatening the so-called ‘‘nu- tion for obstruction’s sake is not in the have decided to use every means at clear option’’ when Democrats stood up best traditions of this great institu- their disposal just to slow it down and to defend the Arctic National Wildlife tion. It is the worst kind of cynical po- block it, to stand for a policy of ob- Refuge, they have introduced a fili- litical calculation. I think all of us on struction and obstruction and obstruc- buster to stop everyday business in the our side would join in voting to protect tion, not accomplishment for the Senate. Almost everything the major- the right of the minority to be able to American people. They have vetoed and ity leader tries to do here now requires filibuster. We all understand that what filibustered and killed bills in con- us having a cloture vote in order to goes around comes around, and the ference. They have wasted days and prevent a filibuster. In fact, the time may come when we again may be days with procedural motions and rubberstamp Republicans of the pre- in the minority. We Democrats don’t delays that have nothing more to do in vious 7 years have now become the want to use the nuclear option. We are

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That is where Osama bin that there is a better way to do busi- The stalemate we have now is not what Laden is still lurking, still hiding, still ness. We can work together and actu- the Senate is renowned for. This is waiting to strike our country. ally do something positive for the called, as I said, the greatest delibera- This amendment says: Let’s remem- American people. All of us know this is tive body in the world, a place where ber who attacked America, and let’s a uniquely challenging moment for this people on both sides can find common finish business with him and his al- Qaida network. country. We face new threats and hur- ground and get good things done for Mr. President, we have now learned dles no generation has faced before. We other people. this week, according to the New York ought to be working together to solve Ultimately, we are accountable to Times, that a 2005 raid on al-Qaida those problems. The only chance this the American people—accountable for chiefs was called off at the last minute false promises, accountable for failure Senate has to make a real contribution by Secretary Donald Rumsfeld: to history is to make a bipartisan con- to address issues we promised to ad- The mission was called off after Rumsfeld tribution. That is the only way the dress, whether it is energy independ- rejected an 11th hour appeal from Porter Senate meets its own expectations. ence or military families who lose Goss, Director of the CIA. Members of the Some of the great legislative accom- their benefits. We are accountable. Navy Seals unit in parachute gear had al- plishments in recent memory came Mr. President, a filibuster to stop all ready boarded C–130 cargo planes in Afghani- under mixed Government, when both progress, then claim Democrats aren’t stan when the mission was canceled. sides of the aisle came together. doing anything, is a failed strategy. It This amendment says: Let’s put the In 1981, Ronald Reagan saw that So- is a failure because it doesn’t put the focus back on Osama bin Laden and al- cial Security was in danger of going American people first. I believe the Qaida. Let’s finish business with the bankrupt and placed a call to the American people will hold a party of people who attacked America. Democratic speaker of the House, Tip obstruction accountable. I hope that I yield the floor. O’Neill. They realized that at the end will change. The PRESIDING OFFICER. The Sen- of the day, nobody would solve it if I yield the floor. ator from North Dakota, Mr. DORGAN, they didn’t. So they got together and The PRESIDING OFFICER. The Sen- is recognized. took the politics out of a tough and un- ator from North Dakota is recognized. Mr. DORGAN. I ask unanimous con- popular vote. The deal they struck AMENDMENT NO. 2505 sent to use the remaining time. kept Social Security afloat. Neither Mr. DORGAN. Mr. President, my un- The PRESIDING OFFICER. Without man could have done it without the derstanding is that by unanimous con- objection, it is so ordered. Mr. DORGAN. Mr. President, my un- other. Neither party could have done it sent, we have a vote scheduled at 2 derstanding is that we have a 2 o’clock without the other. o’clock. vote on this amendment. This amend- We all know the limits of a politics The PRESIDING OFFICER. That is ment is one Senator CONRAD and I had of division, of partisan sectarianism. A correct. offered on the Defense authorization politics of division can rush our coun- Mr. DORGAN. I know of no opposi- bill. That bill, as you know, is no try into war, but it cannot sustain our tion to the amendment I have offered. longer on the floor of the Senate. So we trust or the war itself. A politics of di- Are there those on the minority side offer it now to this legislation. Just as vision has no answer for 12 million un- seeking to use time against the amend- my colleague from Louisiana has pre- documented workers in our houses, ment? viously offered an amendment with re- fields, and factories. It has no answer The PRESIDING OFFICER. The Sen- spect to the objective and the priority for 45 million Americans with no ator has 7 minutes under the unani- of eliminating the leadership of al- health insurance, no answer for icecaps mous consent order. Qaida, this amendment we offered that are melting or a failed policy in Mr. DORGAN. Mr. President, I ask about 2 weeks ago would do two things: Iraq. The politics of division is bad for unanimous consent that Senator increase the reward for Osama bin America—from the Parkinson’s patient CONRAD be recognized for 4 minutes. Laden and the leaders of al-Qaida; No. to the undocumented immigrant to the The PRESIDING OFFICER. Without 2, and most important, it would require soldier in Iraq. Nobody is benefiting objection, it is so ordered. quarterly top-secret classified briefings from Republican obstructionism. The Senator from North Dakota, Mr. to this Congress every quarter about It is also bad for the Senate. This CONRAD, is recognized. what is or is not being done to bring to Senate has been known as the greatest Mr. CONRAD. Mr. President, it has justice, to capture, or kill the leader- deliberative body in the world. But been 2,144 days since 9/11. We all remember the day our Nation was at- ship of al-Qaida. there is nothing deliberative about par- Why do we want to do this? It has tacked. That attack was led by Osama tisan sabotage. There is nothing delib- been nearly 6 years since thousands of bin Laden, the leader of al-Qaida. At erative about blind obstructionism. Americans were murdered—innocent The ongoing debate we have here is the time, the President said: Americans murdered by Osama bin about much more than Senate proce- This act will not stand. We will find those Laden and al-Qaida. They boasted dure. At its core is a debate, really, who did it. We will smoke them out of their about engineering the murder of inno- holes. We will bring them to justice. about where we are headed in our rela- cent Americans. tionship with each other, Republicans Mr. President, 2,144 days have passed, Here is what last week’s National In- and Democrats. All of us go home and and still we have not brought Osama telligence Estimate says: hear from our constituents about how bin Laden or al-Zawahiri or the rest of Al-Qaida is and will remain the most seri- they have lost faith in Washington. All the top leadership of al-Qaida to jus- ous terrorist threat to the homeland. of us want to do right by the people tice. These are the people who led the That doesn’t need much interpreta- who elected us and try to make life attack on our country. It wasn’t Sad- tion. The most serious threat to our better for the American people. dam Hussein and Iraq; it was Osama homeland is al-Qaida. Any Senator who has been here for a bin Laden and al-Qaida. Yet this Na- We assess the group has protected or re- period of time has watched the decline tion lost focus under the leadership of generated key elements of its homeland at- of the quality of the exchange on both this administration. tack capability, including a safe haven in the sides of the aisle in this institution. I I think the most striking story of all Pakistan federally administered tribal areas, have seen colleagues stand up against is this from the USA Today in late operational lieutenants, and its top leader- it. I remember when Senator GORDON March 2004: ship. SMITH, in the middle a painful debate In 2002, troops from the 5th Special Forces Does anybody in this country believe on Iraq, said: Group who specialize in the Middle East were there ought to be a safe haven on this

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10075 planet for those who boasted about week that came out from this adminis- The Senator from Washington. murdering thousands of innocent tration: Mr. DEMINT. I appeal the ruling of Americans? Does anybody believe there Al-Qaida is and will remain the most seri- the Chair and ask for the yeas and ought to be secure hideaways or a safe ous terrorist threat to the homeland. nays. haven for the leadership of al-Qaida Maybe we ought to modify that The PRESIDING OFFICER. The Sen- that, today, in the mountains some- statement of the President because it ator from Washington. where, are planning attacks against ought to be our priority. That is what Mrs. MURRAY. I believe I have the this country? this amendment is about. It should floor. I suggest the absence of a Why, after 6 years, are we not suc- have been our priority 4 years ago, 5 quorum. cessful in bringing to justice and lim- years ago. It ought to be our priority The PRESIDING OFFICER. The iting the leadership of al-Qaida? It is today. I know of no more important clerk will call the roll. not as if we don’t know all of this. priority for this country than dealing The legislative clerk proceeded to This is in June: with the leadership of al-Qaida and call the roll. Al-Qaida regroups in new sanctuary on the eliminating the greatest political Mr. REID. Mr. President, I ask unan- Pakistan border. threat and the most serious terrorist imous consent that the order for the While the U.S. presses on in its war against threat to our homeland. That is what quorum call be rescinded. insurgents linked to al-Qaida in Iraq, bin our amendment does. The PRESIDING OFFICER. Without Laden’s group is recruiting, regrouping, and objection, it is so ordered. rebuilding in a new sanctuary. . . . I hope the Senate will once again agree to this amendment and establish Mr. REID. Mr. President, we are in This is from the New York Times in this as a preeminent priority for this the twilight zone. We are on an appro- February: country. priations bill. An amendment was of- Terror officials see al-Qaida chiefs regain- Mr. President, how much time re- fered subject to a point of order. The ing power. Senior leaders from al-Qaida are operating mains? point of order was raised and sustained from Pakistan near the Afghan border, ac- The PRESIDING OFFICER. The Sen- by the Chair. And now the person who cording to American intelligence and coun- ator’s time has expired. won wants to appeal the ruling of the terterrorism officials. Mr. DORGAN. Mr. President, it is my Chair. How much more do we need to under- understanding no time remains and we Mr. DEMINT. Will the Senator yield? stand? We have soldiers in Iraq going will go to a vote immediately; is that Mr. REID. I will be happy to yield for door to door in Baghdad in the middle correct? a question. The PRESIDING OFFICER. The of a civil war, where Sunni and Shia Mr. DEMINT. I thank the leader. We question is on agreeing to the amend- are killing each other and Sunni and were rushed, and I didn’t have a chance ment as under the previous order. to explain what I was trying to do. As Shia are both killing American sol- Several Senators addressed the diers. In the middle of a civil war, we I was listening to the debate of the last Chair. couple of days, I have seen rule XVI have soldiers going door to door in Ms. LANDRIEU. Mr. President, I ask used against LINDSEY GRAHAM’s bill. I Baghdad and, in the meantime, we unanimous consent for 2 more minutes have seen other Republican bills, such have al-Qaida building training camps on this subject, and then we can go to as DAVID VITTER’s, taken down because in a secure hideaway between Pakistan the vote. and Afghanistan. And today, this after- The PRESIDING OFFICER. Is there it violated rule XVI, legislating on an noon, they are planning additional at- objection? appropriations bill. Yet when I heard tacks against our country. That is un- Mr. DEMINT. Reserving the right to Senator DORGAN’s amendment, I real- believable to me. object, will the Senator modify her re- ized there was a double standard. We Mr. President, in August 2001, the quest to allow me 2 minutes before we were being inconsistent. It was OK to Presidential daily briefing given to go to the vote? legislate on a Democratic bill but not a this President said the following: Mr. DURBIN. Objection. Republican bill. My intent was to make Bin Laden Determined to Strike in the The PRESIDING OFFICER. Does the a point, to raise a point of order that U.S. Senator so modify her request? Senator DORGAN’s amendment does vio- That was the title. Nearly 6 years Mr. DORGAN. What is the Senator’s late rule XVI. But when the Chair later, we now have intelligence assess- request? ruled, I appealed the ruling of the ments with this title: The PRESIDING OFFICER. The Sen- Chair, which the Parliamentarian said Al-Qaida better positioned to strike the ator from Louisiana has asked for 2 she did not hear. But what I wanted to West. minutes. The Senator from South vote on was the ruling of the Chair to That is what I call failure. Carolina has asked to modify that reestablish are we going to use rule XVI We must succeed. That is why we ask quest for 2 minutes. against Republicans but not Demo- with this amendment for quarterly Does the Senator from Louisiana so crats; are we going or are we not going classified top-secret briefings to this modify her request? to have a fair debate? Ms. LANDRIEU. I withdraw my re- Congress to tell us what they are doing Obviously, our preference would be quest. not to be legislating on appropriations or what they are not doing to bring to The PRESIDING OFFICER. The re- bills, but if we are going to do it for justice and to eliminate the leadership quest is withdrawn. some, we should do it for all. of al-Qaida. It is unbelievable to me The Senator from South Carolina. In this case, I say to the leader, my that Osama bin Laden, who boasted of Mr. DEMINT. Mr. President, in fair- attacking this country, now apparently ness, as I have seen Republican amend- hope had been to vote on an appeal of is in a secure hideaway or a safe haven. ments taken down with rule XVI, I the ruling of the Chair, which I had Nowhere on this small planet should raise a point of order that the pending asked for, but was not recognized ap- there be somewhere safe for the leader amendment constitutes legislation on parently, before we went into a quorum of the organization or the leadership of an appropriations bill and violates rule call. the organization that launched the at- XVI. Mr. REID. I say to my friend, you tack on this country in 2001. It is unbe- The PRESIDING OFFICER. The Sen- won. The rule XVI you raised and you lievable to me that we are in this situ- ator from North Dakota. won. The amendment falls. And it is a ation. Mr. DORGAN. Mr. President, I ask Democratic amendment. Now, the President said this when unanimous consent that we consider Mr. DEMINT. I had asked for the yeas asked about it: the amendment I have offered, not- and nays on appealing the ruling of the I don’t know where bin Laden is. I have no withstanding rule XVI. Chair because that was my intent, to idea and really don’t care. It is not that im- The PRESIDING OFFICER. Is there question whether we should be legis- portant and it is not our priority. objection? lating on appropriations bills. That Those are the words of President Mr. DEMINT. I object. was more of a vote on rule XVI than it Bush. The PRESIDING OFFICER. Objec- was the Dorgan amendment. That is Let me read the words of the Na- tion is heard. The point of order is well what I was here for, to ask for a vote tional Intelligence Estimate of last taken and the amendment falls. on appealing the ruling of the Chair,

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10076 CONGRESSIONAL RECORD — SENATE July 26, 2007 which was my language: ‘‘I appeal the Mr. President, I think we need to understand what Senator DEMINT is ruling of the Chair and ask for the yeas calm down around here. There is a rule doing, but I would hope this would give and nays.’’ on the books for a reason. For good us an opportunity, in a bipartisan way, Mr. REID. Just a second; I have the reason we took an action that knocked for the sake of this institution, to step floor. it out a few years ago. I learned pain- back, to calm down, and to stop trying Mr. DORGAN. Will the Senator yield fully what a mistake that was. We to do these things to each other on for a question? should not be legislating on appropria- both sides of the aisle. Mr. REID. I will be happy to yield for tions bills. You can make a good-faith I am grandstanding, and I apologize, a question. effort around here if you want to do but my purpose is to try to say to the Mr. DORGAN. Mr. President, the that. I think this action would cause institution, to our people, I hope we Senator from Nevada and others were some consequences we would not want, will find a way to avoid this. I think it in the well a moment ago when Sen- if we look at it in the future. would be a mistake, and I assume the ator DEMINT indicated what he wanted Am I stating this correctly, I ask the majority leader agrees with that. was a vote on my amendment. I said majority leader? Mr. REID. Mr. President, I appreciate that is fine, withdraw your objection Mr. REID. Mr. President, our roles my colleague, calling on his years of and we will have a vote on my amend- were reversed too many years ago when experience, to try to settle things ment. Apparently, that is not what he I had his job and he had my job, and it down. wanted because the Senator offered an was a very difficult time. Even every- I would say that, perhaps with Sen- objection relative to rule XVI. The thing being in order, to move these ap- ator VITTER, giving him the benefit of Chair sustained the Senator’s objec- propriations bills is hard, and then the doubt, maybe there was a mis- tion, and because the Senator won, he anybody can offer anything on them. understanding in the conversation. was not satisfied and wanted to do The key to these appropriations bills is That is totally possible. Maybe he something further. you deal with matters of appropriation, didn’t understand the rules. Maybe he I don’t have the foggiest idea what not some of the subjects people have didn’t do one thing and say something might be the motivations here. If the thrown into them all the time. else, and I accept that, if in fact that is Senator from South Carolina wants a As my friend said, there is a lot of the case. vote on my amendment, all he has to frustration. The House can move a lot So I think what we should do is, I am do is withdraw his objection, and we of authorizing legislation. We cannot going to ask a quorum call be started, can have a vote in 30 seconds. If there over here. So there is a tremendous and then we will huddle over here and is some other nefarious purpose here, temptation to stick in these appropria- see if we can work all this out. then maybe the Senator might explain Mr. President, I suggest the absence it to us. tions bills all kinds of authorizing leg- The PRESIDING OFFICER. The ma- islation that shouldn’t be on appropria- of a quorum. jority leader. tions bills. The PRESIDING OFFICER. The Mr. REID. Mr. President, that is why I plead to my friend from South clerk will call the roll. I said I think we are kind of in a twi- Carolina: It doesn’t prove anything to The assistant legislative clerk pro- light zone here. The Chair is not par- have us vote on something—you have ceeded to call the roll. tisan. The Parliamentarians who serve already won. I will also say this. The Mr. REID. Mr. President, I ask unan- at our pleasure, Democrats and Repub- only partisan nature of raising points imous consent that the order for the licans, are not partisan. They go by the of order is we try—it usually works out quorum call be rescinded. rules and the precedents set in this that way—if there is a Republican who The PRESIDING OFFICER. Without body. violates a point of order, a Democrat objection, it is so ordered. Mr. LOTT. Mr. President, will the who is the manager of the bill will Mr. REID. Mr. President, due to the distinguished majority leader yield for raise a point of order; if it is a Demo- good work of my friend from Mis- a question? crat, then a Republican will raise a sissippi and others, on both sides, here Mr. REID. I will be happy to yield to point of order. That is the only paris what we are going to do. There has my friend. I will say to my friend, he tisan nature of raising points of order. been a point of order raised against the and I were on this floor and we danced Mr. LOTT. Mr. President, will the Dorgan amendment, and that has been this tune once before. It took us 4 distinguished majority leader yield sustained. So that amendment will fall. years to unwind from it. That is why briefly? And in the order of amendments filed, the vote yesterday was so important. Mr. REID. I will be happy to yield. Senator VITTER’s is at No. 11 or 12; OK? Mr. LOTT. That is what I wish to Mr. LOTT. Mr. President, I feel a ne- Senator VITTER, when he had his con- comment on, Mr. President, if the dis- cessity at this point—and I will follow versation with Senator COCHRAN, Sen- tinguished Senator will yield briefly. it with a question—to also say that I ator MURRAY, and me, was under the Without getting into the substance or understand the right of the Senator impression he could still modify his without questioning anybody’s mo- from South Carolina to do this proce- amendment. We thought differently. It tives, it is important that we under- dure. I am not questioning that at all. was just a misunderstanding. Maybe we stand—and I can put this in the form of I think the result would be one that have been around here too long—I a question to the majority leader—if, would not be good for the institution, shouldn’t say ‘‘we.’’ Maybe I have been in fact, this appeal of the ruling of the and I think we would be abusing it on around here a long time and just ac- Chair should succeed, that would do both sides. cept things for the way they appear to away with rule XVI, as I understand it, But also I want to emphasize the be and not sometimes the way they and then we would all have a grand old right of a Senator to modify his own are. Senator VITTER has said there was time legislating on appropriations amendment. I wasn’t here when the nothing nefarious in what he did. He bills. discussions took place with regard to just assumed he could automatically Before the leader responds, let me Senator VITTER’s modifying of his own modify that. And under the rules, he say there are pent-up feelings on this amendment, and I know that has could. side, probably on your side: Well, we caused some consternation. So we will go back right where we can’t get the authorizations and some Mr. President, if I could say to the were. No one is accusing Senator of the language we want and the appro- majority leader, wouldn’t it be better VITTER of anything that is illegal or priations bills may be about the only for this institution if we would not get unethical. It was simply a misunder- thing moving through here, in some rein the position of questioning each oth- standing among the four of us. So any- spects, and we want to have an oppor- er’s motives? I realize we have to be thing I have said earlier today, based tunity to legislate on appropriations honest with each other, and I under- on my misunderstanding of him and bills. But here is part of my concern, stand what everybody is doing. I under- what his thoughts were, just forget honestly. I don’t think we can win that stand the amendment on Osama bin about them because based on the con- battle against the other side. I suspect Laden. Yes, we want to catch him, and versation I have had with him in the you all would wind up legislating more I know there is a lot being done—and I last few minutes, that wasn’t the case. than we would on appropriations bills. won’t get into the intelligence—and I So I shouldn’t have been as upset, and

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I will be happy to yield. sible for us to conduct our business in here? Mr. VITTER. I thank the majority a civil fashion. I think we have just ex- Mrs. MURRAY. I object at this time. leader. perienced a good example of the Senate I have a number of Senators who are First of all, I appreciate those words working together on a bipartisan basis asking us to call up amendments. We very much, and I certainly want to re- to get back together and to begin to would like to work with all of you to iterate that I never thought I was move forward and finish this bill as do that in a regular fashion. Maybe we waiving what I considered my ability soon as possible. Certainly, I share the can do that after the Senator from as a Senator to modify my own amend- views of the majority leader that we Louisiana is speaking, but at this point ment and try to get a vote on my own need to wrap up this bill in the very we are going to allow the Senator from amendment in the form I would like. near future. Louisiana to speak and then move back So I appreciate the comments of the I yield the floor. to regular order, which will then be the leader in that regard. The PRESIDING OFFICER. The Sen- Grassley-Inhofe amendment, No. 2444. I also want to point out that I was ator from Washington. The PRESIDING OFFICER. Is there actually modifying the amendment in Mrs. MURRAY. Mr. President, I objection to the unanimous consent re- order to get rid of this point of order thank all our colleagues for working quest propounded by the Senator from and the fact that it, in a previous form, with us to a point where I hope now we Louisiana? would have legislated on an appropria- can start working through the amend- Without objection, it is so ordered. Ms. LANDRIEU. I thank the Chair, tions bill, which we are trying to avoid. ments. and I can appreciate the situation we So I was trying to avoid that with re- I call for regular order at this point, and I would remind all of us that I have are in with the point of order being gard to my amendment. raised against the amendment, but as But I appreciate the comments, and I about 12 or 13 amendments that have you know, Mr. President, I offered this look forward to moving forward. been offered. I know several other Sen- amendment in good faith last night Mr. REID. Finally, Mr. President, let ators have asked to be recognized to and spoke at some length on the me say, I haven’t mentioned his name offer amendments. We want to work amendment. I was under the impres- but, of course, the distinguished Re- our way through all of these in a timely manner in regular order. We will be sion that before we voted I would have publican leader, being involved in this the opportunity to speak on the little huddle that took place, had a tre- doing that this afternoon. So I ask Senators to stay close by the floor so amendment. Since that didn’t happen, mendous influence on our ability to I appreciate the goodwill of my col- work this out. I would say—and I hope we can move them through as quickly as possible. Hopefully, we can get time leagues to at least allow me 5 minutes I don’t jinx anything we are working to speak, although the amendment has on now—what I would really like us to agreements on them in short order and dispose of them in whatever way is ap- a point of order called against it. do is to see if in the foreseeable future My amendment actually proposes $25 we can work out a time on this bill for propriate. At this time, I call for regular order. million on this appropriations bill. I final passage. No one has had any don’t know where else to appropriate AMENDMENT NO. 2468 amendments being prohibited. If people money except on an appropriations The PRESIDING OFFICER. The don’t want to have final passage in the bill, and that is basically what my Landrieu amendment is the pending next 24 hours or so, that’s fine. amendment does. It is a two-page bill, amendment. As I have said before, I don’t want to and it appropriates $25 million to the file cloture. We can just keep grinding Mr. COCHRAN. Mr. President, I make a point of order against the CIA to give them some extra resources through the weekend, but I would rath- to try to track down the No. 1 terrorist er not do that. Landrieu amendment, that it is legislation on an appropriations bill, in viola- and his network that is threatening Sometime today we are going to see our country. if we can move to the conference report tion of rule XVI. Ms. LANDRIEU. Mr. President, how This amendment was prompted not that Senator LIEBERMAN has so master- out of politics or spite, it was prompted much time do I have to speak on the fully brought back to us dealing with out of last week’s National Intelligence amendment? Is there any time allo- the 9/11 Commission recommendations. Estimate that has been referred to now He, of course, worked with Senator cated on the amendment? The PRESIDING OFFICER. The several times on both sides of the aisle. INOUYE and others to get this done, and point of order is not debatable. This did not come from a Democratic so we will do that at a later time. But The Senator from Washington. think tank or a Republican think tank, I wish everyone would work—certainly Mrs. MURRAY. Mr. President, at this it came from the National Intelligence the two managers of the bill—to see point we would like to move to regular Estimate that says the al-Qaida net- when would be an appropriate time to order. The next amendment pending is work is as strong as it was before 9/11 see about a time for final passage. the Grassley-Inhofe amendment. and that Osama bin Laden is still the Remember, we have this bill to com- I understand the Senator from Lou- No. 1 target. plete. We have to work on children’s isiana would like 2 minutes just to dis- I offered an amendment in good faith health. We have two conference re- cuss the amendment that just fell, so I and reached out to my colleagues to ports—there may be three conference ask unanimous consent that she have 2 say we are on homeland security, could reports—and that is all we have to do. minutes. we find $25 million to appropriate some But we have to go through all the pro- Ms. LANDRIEU. Mr. President, re- additional funding to the CIA? I know cedural hurdles, and that may take serving the right to object, let me ask there are other resources, some of longer than any of us wants to get the distinguished minority manager of them are classified and some of them through in the next few days. the bill for just 10 minutes to speak on are not—and to clearly restate the pol- The PRESIDING OFFICER. The mi- my amendment, and then he can speak icy that Osama bin Laden remains the nority leader. on the point of order? foremost objective of the United States Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The in the global war on terror and pro- thank the distinguished minority whip, point of order has been raised. tecting the U.S. homeland, the fore- Mr. LOTT, for pointing out for the Sen- Ms. LANDRIEU. I ask unanimous most is to capture and kill Osama bin ate a few moments ago the importance consent to speak for 5 minutes on my Laden. of rule XVI. I also want to thank the amendment. I understand the point of order. I un- junior Senator from South Carolina for The PRESIDING OFFICER. Is there derstand technically the Parliamen- understanding, as well, that is a rule objection? tarian would probably rule against me.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10078 CONGRESSIONAL RECORD — SENATE July 26, 2007 But for the purposes of the constitu- several cosponsors, including Senator tives stuck something called the REAL ents I am representing I wish to say I COLLINS of Maine, Senator WARNER, ID Act, which set minimum standards am trying but am blocked to appro- and Senator VOINOVICH. It is my inten- for State driver’s licenses as an effort priate $25 million more on a Homeland tion to use about 10 minutes of our 30 to deter terrorists from easily obtain- Security bill to give it to the CIA to minutes on this side and to reserve the ing that form of identification. help protect us from the No. 1 ter- rest of that time for Senators COLLINS, Well, that could be a good idea. But rorist, according to our intelligence re- WARNER, and VOINOVICH, if they choose there are 245 million Americans with ports. That is all I wished to say. to come to the floor in support of this. driver’s licenses or ID cards. Many of I thank my colleagues for allowing Mr. President, I ask unanimous con- us send those in by mail or online to me that moment of the record. I know sent that Senator KYL of Arizona be renew them. Last year in the State of the Senator wants to go back to reg- added as a cosponsor to the amend- Tennessee, for example, there were 1.7 ular order. ment. million driver’s licenses issued. There The PRESIDING OFFICER. The The PRESIDING OFFICER. Without are 53 driver’s license identification point of order is well taken and the objection, it is so ordered. stations. I believe the only group of amendment falls. Mr. ALEXANDER. Mr. President, people who could have passed REAL ID Mrs. MURRAY. Mr. President, I sug- this amendment would provide $300 in the dead of the night, without any gest the absence of a quorum. million in funding to the States to im- hearings, were Congressmen who had The clerk will call the roll. plement the program known as REAL never been to a driver’s license exam- The assistant legislative clerk pro- ID. It is offset with a .8-percent across- ining station in Tennessee or maybe in ceeded to call the roll. the-board cut in the rest of the bill. their own State, because these are not Mrs. MURRAY. I ask unanimous con- The total pricetag of the rest of the State employees who are trained in sent that the order for the quorum call bill, the Homeland Security appropria- catching terrorists. They are not be rescinded. tions bill, is about $37.6 billion. equipped to deal with the large number The PRESIDING OFFICER. Without I will have a word to say about the of new responsibilities, in a State objection, it is so ordered. offset in a moment. I know the Senator which is going to have REAL ID, that Mrs. MURRAY. I ask unanimous con- from Washington will have a few more include having to come in person to sent that the Grassley amendment No. words to say about the offsets when her that driver’s license office and show a 2444 be temporarily set aside; that we time comes. I would prefer another off- number of documents, including the proceed to the Alexander-Collins set, but I will talk about that a little Social Security card and a valid U.S. amendment No. 2405. later. passport. The PRESIDING OFFICER. Without First, let me describe again what the We would have to prove, I would have objection, it is so ordered. amendment does. I would ask the Chair to prove, that I am lawfully a citizen of The Senator from Tennessee. if I can be informed when 10 minutes the United States. Our family has been AMENDMENT NO. 2405, AS MODIFIED has expired. here for 12 generations. Senator Mr. ALEXANDER. Mr. President, I The PRESIDING OFFICER. The Sen- SALAZAR has been here for 13 genera- ask unanimous consent that my ator will be so notified. tions. The Presiding Officer has writ- Mr. ALEXANDER. Mr. President, amendment described by Senator MUR- ten a book about the number of genera- after 9/11, the 9/11 Commission rec- RAY be modified. The modification is at tions his family has been here. We the desk. ommended that in light of the ter- would have to go down to one of these The PRESIDING OFFICER. Without rorism our country faces, we begin to driver’s license stations and prove we objection, it is so ordered. study how we can have more secure belonged here. Nobody else ever had to The amendment, as modified, is as identification cards. A number of the do that before in my family that I follows: terrorists had stolen cards or had know about. But in an age of ter- fraudulent cards or had ID cards that On page 40, after line 24, insert the fol- rorism, we might have to do that. lowing: were not real. At the very least, I would think we As a result of that, the Congress would want to do one of two things: REAL ID GRANTS TO STATES passed the Intelligence Reform and One would be that in the Senate, in the SEC. ll. (a) For grants to States pursuant Terrorism Prevention Act at the end of to section 204(a) of the REAL ID Act of 2005 Homeland Security Committee or (division B of Public Law 109–13; 119 Stat. 2004 which established a process by other appropriate committees, we 302), $300,000,000. which we could look at the rec- might want to think about whether (b) All discretionary amounts made avail- ommendation of the 9/11 Commission. there might be other ways to come up able under this Act, other than the amount It established a negotiated rule-mak- with a better secure identification appropriated under subsection (a), shall be ing process. card, rather than add that to the bur- reduced a total of $300,000,000, on a pro rata Because most of the ideas about ID den of the driver’s license. basis. cards involved State and local govern- For example, most of the problems Mrs. MURRAY. Mr. President, I ask ments, all of them involved issues of that surround the immigration bill unanimous consent for 1 hour of de- privacy, all of them involved the possi- have to do with work, people coming bate, equally controlled in the usual bility of great inconvenience to most into this country illegally to get a job. form, with no second-degree amend- Americans, this negotiated rule-mak- That is what most of it is about. Sen- ments in order prior to the vote, and ing process would basically create a ator SCHUMER and Senator GRAHAM upon use or yielding back of the time, seat at the table for representatives of have a piece of legislation that would the Senate proceed to vote in relation all the affected groups and try to work create a secure Social Security card. to the amendment, as modified. out the most sensible thing to do. Now, I wonder if, over a period of The PRESIDING OFFICER. Without I have historically been opposed to years, having workers with a Social Se- objection, it is so ordered. the idea of an ID card. When I was Gov- curity card that is secure, includes bio- Who yields time? The Senator from ernor of Tennessee, I twice vetoed the metrics, and a good employer Tennessee is recognized. photo driver’s license bill because I verification system, might not be a Mr. ALEXANDER. Mr. President, I thought it was an infringement on lib- more sensible way for us to improve thank the Senator from Washington erty. But the legislature overrode me, I the question of whether we have secure for her courtesy. I thank the Senator accepted it, and today, after 9/11, I identification cards. from Mississippi for his help with this agree it would be wise for our country, There is the idea of more passports. amendment, facilitating its coming to with a combination of terrorism and Already we have a backlog because of the floor last night at a late hour. I am the difficulties within immigration, to the number of American who are get- grateful to him for that. have more secure identification cards. ting a passport. But passports are a This is an amendment which I de- The question is, which one? Then more secure identification. Maybe scribed on the Senate floor yesterday. suddenly, in 2005, along came an appro- there should be a secure travel card we It is an amendment involving REAL priations bill for our troops, and in the could use when we travel on airplanes. ID. I am offering the amendment with middle of it, the House of Representa- For example, there are a couple million

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That is secure cards would begin to avoid the Washington be recognized. where this $300 million amendment terrors we imagine from a ‘‘Big Broth- But let me talk about the money a comes from. er’’ national ID card. minute. Seventeen State legislatures, The National Governors Association We remember what happened with including Tennessee, have passed legis- met last weekend. They issued the fol- that sort of thing in Nazi Germany and lation against REAL ID. We do not lowing statement regarding REAL ID: in South Africa, where you had to want it. We want something else. But If Congress is truly committed to trans- carry around a wallet and a portfolio for those who do have it, they have to forming REAL ID into a reasonable and describing how mixed your blood might get cracking because it says here: workable law that actually increases the se- be so they can determine your race. We States have to be ready to comply with curity of our citizens, it must commit the do not want that in the United States. these new measures by May of next Federal funds necessary to implement this Federal mandate. As the Senate considers So that would be the kind of discus- year. the Homeland Security appropriations bill sion we should have had in hearings be- The Department of Homeland Secu- for fiscal year 2008, the Nation’s Governors fore any of this was adopted. We were rity has not even issued final regula- urge Senators to support Senator ALEX- going to have that with the negotiated tions about what the compliance must ANDER’s efforts to begin funding the man- rule-making process, before suddenly be. But the Department, thanks to the dates imposed by REAL ID. States estimate this so-called REAL ID card comes good work of Senator COLLINS and oth- the cost of REAL ID will exceed $11 billion through here at night and we have to ers with an amendment we had earlier over 5 years, including $1 billion in up-front vote for it, up or down, or not send any this year, has agreed to grant waivers costs merely to create systems and processes necessary to implement the law and prepare money to support the troops fighting to States for delayed implementation. to re-enroll all 245 million driver’s license in Iraq and Afghanistan. So States have a little bit of time to and identification cardholders. To date Con- We can get an idea of what the REAL work on this, if they choose to. gress has appropriated only $40 million to as- ID surge might cost by looking at what But 17 States do not want to. How- sist States. is happening right now with the pass- ever, we have a principle here called I only have one more point to make. port backlog in the United States. federalism. Much of it is incorporated Then I will yield the floor and reserve There were 12 million passports issued in the 10th amendment to the Constitu- the remainder of the time. in 2006. This year there are going to be tion. I see our constitutional expert, The chairman of the Appropriations 17 million because of new travel re- the Senator from West Virginia, on the Committee and the ranking member quirements. The Passport Office em- floor. When I was Governor, I said on allowed me to discuss this and bring up ployees are working hard, but they the floor many times, nothing made me this amendment during committee de- grossly underestimated, or we did, madder than when some Congressman liberations. I thank them for that. I of- what the new demand would be. or Senator would stand up with a big fered offsets from other funds that As a result, there was a backlog of 3 idea, pass it, hold a press conference States were receiving. A majority of million passports in March. Today it is taking credit for it, and send the bill to the members of the committee didn’t 2.3 million. The turnaround time used me. I would have to either raise tuition like the offsets. That is not so unusual to be 6 weeks, now it is 12 to 14 weeks or cut this or change that, and then in the world in which we live. My on regular service and 4 to 6 on expe- that same Congressman would be home amendment was defeated in the Appro- dited service. We have destroyed sum- making a big speech about local con- priations Committee. I am coming to mer vacations, we have ruined wed- trol the next weekend. the floor with a different offset. It is 0.8 dings and honeymoon plans, we have I did not like that. It was called un- percent across the board cut in the rest disrupted business meetings and edu- funded Federal mandates. I have also of the bill. I know very well that the cational trips. People lost days of work stated many times on this floor that chairman of the committee and the waiting in line. If we think the pass- the Republican Congress got elected in chairman of the subcommittee and port backlog has created consterna- 1994 running against these mandates. other Senators don’t like that offset, tion, imagine what it is going to be They stood on the steps of the Capitol but I suggest to my colleagues that like when 245 million Americans, many in 1994 with Newt Gingrich. They said: there are others of us who don’t like who have been used to renewing their No more unfunded mandates. If we underfunded Federal mandates. If the driver’s licenses by mail, many who break our promise, throw us out. Congress is going to impose on the have thought of themselves and their Maybe that is one of the reasons they States a $20 billion cost over 10 years, parents and grandparents as good, legal did throw us out, because we forgot then we should pay for it. We have only Americans, have to go to their driver’s that promise. appropriated $40 million. license station with a pack of docu- We forget it with REAL ID because, As the Governors said, it is time for ments and prove they are legally here. according to the National Governors us to move ahead and appropriate $300 Then they might get right up to the Association, implementing it would million this year, only a downpayment door and somebody says: You forgot cost $11 billion over 5 years. The De- on what we should pay, and if the off- one thing, and they have to go all the partment of Homeland Security itself set we adopt today is not the one the way back home, get it, and stand back expects the cost to reach $20 billion chairman and others would prefer, then in line again. I bet we get more calls on over 10 years. perhaps there is an opportunity during that than we did on immigration. Today, the Federal Government has conference on an this appropriations There is another problem I would appropriated only $40 million for the bill of $37.6 billion to make that adjust- like to describe. It is one I am trying States to comply with those mandates, ment. to address with this amendment. I am even though it could cost $20 billion I thank the managers of the bill for trying to provide three hundred million over 10 years. giving me a chance to bring the amend- dollars next year to help States who We are not supposed to be doing that. ment to the floor. I will yield the floor wish to comply with REAL ID pay for If we want to require it, we should pay and wait to see if Senator COLLINS or it. Now, not all States will take advan- for it. My view of unfunded mandates is others decide to come. If they do not tage of this because 17 States have al- we ought to either fund REAL ID or we come, I will yield back the rest of my ready ought to repeal it. We should not re- time except for 2 minutes. The PRESIDING OFFICER (Mr. NEL- quire it unless we are going to pay for I yield the floor. SON of Nebraska.) The Senator has used it. I see the Chair, the distinguished The PRESIDING OFFICER. The Sen- 10 minutes. former Governor himself, the Senator ator from West Virginia. Mr. ALEXANDER. I will continue from Nebraska. When I described how I Mr. BYRD. Mr. President, I thank with my time because I do not see Sen- felt about unfunded mandates as Gov- the very able Senator from Tennessee

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Regrettably, in an effort to help Additionally, the committee’s bill in- What is happening to us, I am afraid, States deal with the cost of REAL ID, cludes funding to support a total of is as we get about the business of im- the able Senator proposes to do the 4,000 new detention beds, bringing total plementing the changes in our laws same thing. The able Senator proposes detention beds to 31,500. Moreover, this that were made by the creation of this to do the same thing by using an reduction would cut that increase by 32 new Department, and the creation of across-the-board cut. I don’t like beds. Are you listening? Given that the new agencies to implement and carry across-the-board cuts. That cuts into average length of stay in a given deten- out these responsibilities in a coherent programs that hit a lot of people, all tion bed is approximately 40 days, los- way—the policymakers have their good people. ing 32 beds means we have lost the guidance from that legislation, but we I rise to oppose the amendment. The space to detain approximately 300 ille- now here are considering an appropria- President’s budget fails to address the gal aliens annually. Are you still lis- tions bill. We are not at a point where mandate imposed on States by the tening? We have spent the past 2 we are going back and reviewing in an REAL ID Act. According to the Na- months debating immigration reform oversight hearing or in a consideration tional Governors Association, it will and the need for detention beds. A cut of changes that ought to be made in cost States $11 billion to implement like this turns that debate on its head. the law. We are appropriating the funds the REAL ID Act. The President’s budget requested and to give to the Department and the Yet the budget did not include one the committee bill supports funding of agencies that were created and given thin dime to help the States with this $1 billion—that is $1 for every minute these responsibilities. Federal mandate. Meanwhile, the De- since Jesus Christ was born—for fenc- So to come in now with an amend- partment has let $35 million which ing infrastructure and technology ment—and I hate to argue against this Congress appropriated in 2006 for REAL along our still porous border. amendment because the eloquent argu- ID implementation sit in the Federal If we have learned nothing during the ment on its behalf was very impressive, Treasury unspent for almost 2 years. debate on the immigration bill, it is but this is the wrong vehicle and this is Let me say that again: The Depart- that the American people and a major- not the right way to deal with the ment has let $35 million—that isn’t ity of the Senate want to secure our problem. If we have made an error in just chickenfeed—which Congress ap- borders. Let me say that again: If we requiring too expensive, too stringent, propriated in 2006 for REAL ID imple- have learned nothing during the debate too illogical, unworkable requirements on the immigration bill, it is that the mentation to sit in the Federal Treas- or laws, let’s change them. Let’s American people and a majority of the ury unspent for almost 2 years. I share change them. But let’s not try in an Senate want to secure our borders. A the concern of the Senator that this Appropriations Committee to halfway cut like this moves us in the exact op- law, which was jammed down fund our needs. We do not have the posite direction. First responders’ Congress’s throat in an unamendable money to pay for this program. That State formula grants would be cut war supplemental, will impose serious was pointed out very clearly. costs on our States. However, given below the fiscal year 2007 enacted level; The REAL ID program is hugely ex- ironically, the level approved under a that there is $35 million still sitting at pensive, and at some time there will be Republican-controlled Congress. the Department and that we have no a day of reckoning. Maybe we are fast The practical implication of this will request from the White House, this bill be: First responders will go without up- getting there. We have heard the warn- is not the place to fix this problem. to-date personal protective equipment; ings. I think we should heed the warn- This amendment would hamper the fewer critical infrastructure facilities, ings and urge the legislative com- Department’s ability to secure the Na- including chemical and nuclear, will mittee to think about modifying the tion. For example, this cut would re- have a security buffer zone; public authorities and the directives that are sult in the reduction of 416 transpor- transportation, a known target by ter- contained in the law—make it afford- tation security officers at the same rorists overseas, will be less secure. able, for one thing; decide, are State time air travel has been increasing ap- I urge my colleagues to oppose this and local governments going to share proximately 3 percent each year and amendment. the responsibility for these costs or is the TSO workforce has decreased or I yield the floor. the Federal Government going to build stayed flat each year. It would also The PRESIDING OFFICER. The Sen- up a huge Federal deficit trying to pay occur at a time when the aviation sec- ator from Mississippi. for the costs on an annual basis tor is at a heightened alert status. Let Mr. COCHRAN. Mr. President, I through the annual appropriations me say that again: It would also occur thought the distinguished Senator bills. at a time when the aviation sector is at from Tennessee made a very compel- Well, anyway, as my law school dean a heightened alert status. The Federal ling argument about this amendment, used to say, it is not a horse that is air marshals would reduce coverage of which he has offered. We have heard soon curried. This is something that is critical flights. The Coast Guard would him discuss his ideas on federalism, going to take some time and effort, and be unable to respond to projected and there is no better proponent of we need to rise to the challenge the search-and-rescue cases, thus endan- clear thinking on that issue than the Senator from Tennessee presents to us gering the lives of citizens and prop- Senator from Tennessee. and come up with a more thoughtful erty, interdict a projected increase in But what occurred to me when I was and workable and affordable way to migrants, marijuana, and cocaine, and sitting here is that I have heard some deal with this issue. remediate anticipated oil and chemical of these arguments before. I started So I am going to oppose the amend- spills, further degrading our natural re- thinking back to the hearings that ment because I think it should be done sources. This cut would delay the re- were held and the markup sessions that legislatively, and the problem cannot capitalization of the Coast Guard’s were held in the Governmental Affairs be solved with adding money and add- fleet, further exacerbating maritime Committee, the committee of legisla- ing new language which is legislative and aviation operational gaps. tive jurisdiction, when the Department in nature. I hope the Senate will care- The President’s budget requested— of Homeland Security was being cre- fully review the options we have and and the committee supports—funding ated by Congress to more effectively— try to do the responsible thing. for 3,000 new Border Patrol agents. Fur- with a better Federal organization of Mr. LEAHY. Mr. President, the thermore, this reduction would cut talent and wherewithal—cope with the REAL ID Act was legislation forced that increase in agents to 24. Addition- challenges from threats to the security through Congress as an add-on to the ally, the National Guard forces cur- of our homeland. Many of these issues emergency supplemental bill passed in rently supporting Operation Jump were discussed in great detail. May 2005, without any Senate hearings

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Mr. President, I rise in mittee and Homeland Security and comply with REAL ID. strong opposition to the Alexander Government Affairs Committee have Ten States have had statutes or reso- amendment. It is a bad idea. The shown, REAL ID is far from being lutions pass one chamber of their legis- amendment would take away $300 mil- ready for primetime. In fact, the De- lature, including Oregon, Utah, Ari- lion from port security, rail security, partment of Homeland Security has zona, New Mexico, Wyoming, Min- and all the grant programs that fund not even released final regulations di- nesota, Louisiana, West Virginia, the first responders in each of our recting the States on REAL ID imple- Pennsylvania, and Vermont. home States. It would rob the Border mentation. With 260 million drivers in Another 10 States have had statutes Patrol, Customs Enforcement, and the this country, I do not see how we could or resolutions introduced in their legis- Coast Guard of the resources they need have the massive national databases latures, including Alaska, Texas, Wis- to keep our Nation safe. It would be required by REAL ID up and running in consin, Michigan, Kentucky, Ohio, New robbing Peter to pay Paul. the next 5 years—much less in fiscal York, Massachusetts, Rhode Island, The amendment would take $300 mil- year 2008. and Maryland. lion and give it to departments of On top of that, even though they are The reaction to the numerous pri- motor vehicles. Let me say that again. not even in production yet, REAL ID vacy concerns and unfunded mandates This amendment takes funds off the cards are rapidly becoming a de facto of the REAL ID Act is a good example border, and gives funds to departments national ID card since they will be of what happens when the Federal Gov- of motor vehicles. That is because the needed to enter courthouses, airports, ernment imposes itself rather than REAL ID Act will require every citizen Federal buildings, and now workplaces working with the States to build co- to obtain a new driver’s license from all across the country. In my opinion, operation and partnership. Since so your State. To do that, you will need a REAL ID raises multiple constitu- many States have risen up in opposi- birth certificate, your Social Security tional issues whose legal challenges tion to REAL ID, we should not fund card, and some way of verifying your could delay final implementation for this failed program, and I urge a ‘‘no’’ current address. It applies to everyone. years, and we should not support the vote on this amendment. It will require States to reissue more Alexander-Collins amendment. The PRESIDING OFFICER. The Sen- than 245 million driver’s licenses—let In May, the Department of Homeland ator from Tennessee. me say that again. It will require Security Data Privacy and Integrity Mr. ALEXANDER. Mr. President, I States to reissue more than 245 million Advisory Committee expressed concern know Senator COLLINS, Senator driver’s licenses—only after certifying over several items in the REAL ID pro- VOINOVICH, Senator WARNER, and Sen- that the person requesting the docu- posed regulations and said that they ator KYL—all cosponsors of the bill— ment is an American citizen or in the pose serious risks to individual privacy had hoped to speak, but I am not sure country legally. States are also being by: failing to establish a standard for any of them are able to come now, so I asked to build a whole new set of data- protecting the storage of personally wish to reserve 2 minutes prior to the bases and other information tech- identifiable information; failing to pro- vote, but other than that, I say to the nology to link up with the Federal vide methods for Americans to inquire managers and to the distinguished database and with other States. or complain about the collection, stor- chairman of the committee that on All in all, the national ID system will age, and use of personal information this side we are ready to go forward. cost $23 billion—with a ‘‘B’’—$23 billion and remedy errors; failing to require The PRESIDING OFFICER. The Sen- for the States to implement, and we notifying consumers of information ator from Washington. are going to take away $300 million collection and use by the State; failing Mrs. MURRAY. Mr. President, we do from port security and rail security to require that individuals have a have one other Senator who wants to and first responders in our home States choice over secondary use of that infor- come and speak on this amendment. I and think that is going to make a dif- mation; and failing to assure that the think he will be here shortly. ference. information collected for a specific If there are no other Senators who This amendment would only provide purpose is used only for that purpose. want to speak at the moment, I sug- 1.3 percent of that $23 billion cost. That Congress should not fund the REAL gest the absence of a quorum and ask does nothing to help the States. In ID program until the Department of unanimous consent that the time be fact, it is an afront to them to say ‘‘we Homeland Security makes funda- charged equally. hear your complaints,’’ and then pro- mental reforms to the program and The PRESIDING OFFICER. Is there vide them with a 1-percent solution. stops forcing such onerous provisions objection? Beyond the funding issues this on the States. In addition, with this Without objection, it is so ordered. amendment creates, endorsing REAL amendment offset by an across-the- The clerk will call the roll. ID would be a real mistake. The REAL board cut from all DHS programs, I The bill clerk proceeded to call the ID Act puts massive new Federal regu- don’t think we should be robbing from roll. lations on the States. From new data- other critical Homeland Security ac- Mrs. MURRAY. Mr. President, I ask bases and fraud monitoring, to new counts—where we have seen real gains unanimous consent that the order for network and data storage capacity, the in securing our country—to pay for the quorum call be rescinded. States will be tasked with an enormous just 1 percent of the floundering REAL The PRESIDING OFFICER. Without range of new regulations and new re- ID program. objection, it is so ordered. quirements. REAL ID is not popular in our Mrs. MURRAY. Mr. President, so ev- Once REAL ID becomes effective, States, and opposition spans the polit- eryone knows what is happening, Sen- every State’s department of motor ve- ical spectrum, from the right to the ator TESTER is going to be here in a hicles will have to play immigration left. A large number of States have ex- minute to speak for several minutes. official. DMV workers will be tasked pressed concerns with the mandates of Senator ALEXANDER has a few minutes with reconciling discrepancies in So- the REAL ID Act by enacting bills and remaining. At the end of that time, we cial Security numbers with the Social resolutions in opposition. will be moving to a vote on the under- Security Administration. Departments Seventeen States have enacted stat- lying amendment, so I hope all Sen- of motor vehicles will have to require utes or resolutions against REAL ID, ators are close by the floor. proof of ‘‘legal presence’’ in the United including Hawaii, Washington, Idaho, Mr. President, I see the Senator from States from immigrants. Nevada, Montana, North Dakota, Colo- Montana is in the Chamber and I ask REAL ID also creates enormous pri- rado, Nebraska, Oklahoma, Missouri, him how much time he is going to use. vacy concerns. REAL ID is a national

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10082 CONGRESSIONAL RECORD — SENATE July 26, 2007 ID card. Make no mistake about that. days messed up. There will be a lot of Klobuchar Nelson (NE) Thune Every citizen who wants to get on a mad Americans, and rightly so. Kyl Roberts Vitter Lugar Sessions Voinovich plane, who wants to enter a Federal So this amendment would make a Martinez Smith Warner building, and, possibly, who even wants small installment payment of $300 mil- McConnell Specter Wyden to get a job will have to be a part of it. lion for the REAL ID program we im- Murkowski Stevens We should not be funding something posed on the States. Surely the con- NOT VOTING—6 such as that without a real debate in ference can find, in a $37.6 billion bill, Brownback Dodd McCain Congress about the wisdom of such a $300 million to do what we are supposed Coleman Johnson Obama program. to do. If we require it, we should fund The motion was agreed to. One month ago, 52 Senators voted to it. The Republican Congressmen were Mr. DURBIN. Madam President, I prohibit the expansion of REAL ID in right in 1994 when they said it, and if move to reconsider the vote. the immigration bill. I hope we do not we can’t remember that, they should Mr. LIEBERMAN. I move to lay that retreat from that progress by suddenly throw us out. motion on the table. agreeing to this amendment to fund— I urge a ‘‘yes’’ vote on behalf of my- The motion to lay on the table was at a 1-percent level—REAL ID. The self, Senator COLLINS, Senator WAR- agreed to. way to improve our country’s home- NER, Senator KYL, and Senator CHANGE OF VOTES land security is not by outsourcing it VOINOVICH, the cosponsors of this Mr. DORGAN. Madam President, on to the States’ Department of Motor Ve- amendment. rollcall 279, I voted ‘‘nay.’’ It was my hicles. Our security is improved by hir- I yield the floor. intention to vote ‘‘yea.’’ I ask unani- ing more border agents, strengthening The PRESIDING OFFICER. The Sen- mous consent that I be permitted to Customs and the Coast Guard, and en- ator from Washington is recognized. change my vote. It will not affect the suring local law enforcement has the Mrs. MURRAY. Mr. President, I outcome of the vote. tools they need to prepare for and remove to table the amendment. The PRESIDING OFFICER. Without spond to terrorist threats. Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. Mr. DORGAN. Madam President, I This amendment sets the wrong pri- for the yeas and nays. came in at the end of the vote intend- orities for homeland security, and I The PRESIDING OFFICER. Is there a ing to vote against Senator ALEX- urge its defeat. sufficient second? ANDER’s amendment and did not look I yield the floor. There appears to be a sufficient sec- The PRESIDING OFFICER. The Sen- close enough. It was actually a tabling ond. motion. So I would not want to vote to ator from Tennessee is recognized. The question is on agreeing to the Mr. ALEXANDER. Mr. President, if I table Senator ALEXANDER’s amend- motion. ment. might ask the managers of the bill, if I The clerk will call the roll. am not mistaken, after my 2 minutes, I thank the Presiding Officer. The legislative clerk called the roll. Mr. BAYH. Mr. President, on rollcall we can proceed to a vote? Mr. DURBIN. I announce that the vote No. 279, I voted ‘‘nay.’’ It was my Mrs. MURRAY. Will the Senator re- Senator from Connecticut (Mr. DODD), intention to vote ‘‘yea.’’ Therefore, I peat his request? the Senator from South Dakota (Mr. ask unanimous consent that I be al- Mr. ALEXANDER. If I am not mis- JOHNSON), and the Senator from Illi- lowed to change my vote since it will taken, after the 2 minutes I have, we nois (Mr. OBAMA) are necessarily ab- not affect the outcome. may proceed to a vote? sent. The PRESIDING OFFICER. Without Mrs. MURRAY. That is correct. He Mr. LOTT. The following Senators objection, it is so ordered. can speak for 2 minutes, and I will then are necessarily absent: the Senator (The foregoing tally has been make a motion at the end of that time. from Kansas (Mr. BROWNBACK), the changed to reflect the above orders.) The PRESIDING OFFICER. Without Senator from Minnesota (Mr. COLE- Mr. DURBIN. Madam President, I objection, it is so ordered. MAN), and the Senator from Arizona suggest the absence of a quorum. Mr. ALEXANDER. Mr. President, I (Mr. MCCAIN). The PRESIDING OFFICER. The agreed with the last half of the Senator Further, if present and voting, the clerk will call the roll. from Montana’s statement, but the Senator from Minnesota (Mr. COLEMAN) The legislative clerk proceeded to first half was an eloquent argument for would have voted ‘‘nay.’’ call the roll. a $20 billion unfunded mandate for the The PRESIDING OFFICER (Ms. Mr. DORGAN. Madam President, I States of Montana and Nebraska and KLOBUCHAR). Are there any other Sen- ask unanimous consent that the order Tennessee and everybody else. If we are ators in the Chamber desiring to vote? for the quorum call be rescinded. going pass it, we ought to fund it. And The result was announced—yeas 50, The PRESIDING OFFICER. Without if we are not going to fund it, we ought nays 44, as follows: objection, it is so ordered. to repeal it. That is my position. RULE XVI [Rollcall Vote No. 279 Leg.] We passed the law in 1995, the Fed- Mr. DORGAN. Madam President, let eral Unfunded Mandate Act, but the YEAS—50 me make one additional point I did not REAL ID program imposes on the Akaka Feingold Murray make earlier in the discussion in the States, according to the Department of Allard Gregg Nelson (FL) Baucus Harkin Pryor Senate, and I think it is an important Homeland Security, an up to $20 billion Bayh Inouye Reed point to make. unfunded mandate. It will require up to Biden Kennedy Reid There was a suggestion on the floor 245 million of us to go in and prove we Bingaman Kerry Rockefeller of the Senate by a Senator earlier that Brown Kohl are lawfully here and stand in line at Salazar rule XVI has been applied in this Sen- Byrd Landrieu Sanders our driver’s license offices. Seventeen Cantwell Lautenberg ate in a manner that was unfair. That Schumer Cardin Leahy States have said they don’t like it, in- Shelby is simply not the case. Every Senator Clinton Levin cluding mine. Snowe Cochran Lieberman has the right to raise the issue of rule The National Governors Association Conrad Lincoln Stabenow XVI if someone is trying to legislate on meeting in Traverse City, MI, last Craig Lott Sununu an appropriations bill. It was done, as week generated a letter to all of us Crapo McCaskill Tester another Senator suggested, with re- Dorgan Menendez Webb saying: If you are going to require it, Durbin Mikulski Whitehouse spect to Senator GRAHAM; it was done fund it. That is what we are beginning with respect to something they offered to do. NAYS—44 on the floor. Everyone has that right. If you think the passport backlog is a Alexander Chambliss Enzi But let me make this point: It is not Barrasso Coburn Feinstein big problem, wait until the driver’s li- Bennett Collins Graham unusual to legislate on an appropria- cense backlog comes if we don’t prop- Bond Corker Grassley tions bill in circumstances where what erly fund REAL ID or repeal it. There Boxer Cornyn Hagel is being done is something that is done will be weddings. There will be vaca- Bunning DeMint Hatch almost by unanimous consent, a provi- Burr Dole Hutchison tions. There will be honeymoons. There Carper Domenici Inhofe sion that everyone agrees with, a pro- will be trips. But there will be work Casey Ensign Isakson vision that is noncontroversial. That is

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10083 not unusual at all. That happens all The PRESIDING OFFICER. Without On page 19, line 26, strike ‘‘$524,515,000’’ and the time. objection, it is so ordered. insert ‘‘$521,515,000’’. Now, I am frankly surprised there is Mrs. MURRAY. Madam President, On page 18, line 2, strike ‘‘$5,039,559,000’’ anyone in this Chamber who would dis- what is the pending business? Madam and insert ‘‘$5,042,559,000’’. The PRESIDING OFFICER. The agree with the proposition that we President, regular order. question is on agreeing to the amend- ought to get quarterly classified, top- The PRESIDING OFFICER. The reg- ment. secret reports on what is happening to ular order is the Grassley amendment. try to eliminate the al-Qaida leader- The amendment (No. 2461), as modi- AMENDMENT NO. 2444, AS MODIFIED fied, was agreed to. ship that apparently is now in a safe Mrs. MURRAY. The Grassley amend- haven in the tribal area of Pakistan. I Mrs. MURRAY. Madam President, I ment, No. 2444, is the pending amend- move to reconsider the vote. didn’t expect that to be controversial. I ment. I understand that there is a didn’t expect there would be one person Mr. COCHRAN. I move to lay that modification at the desk. Is that cor- motion on the table. in this Senate who would disagree with rect? that. But, apparently, there is. He has The motion to lay on the table was The PRESIDING OFFICER. The Sen- agreed to. that right. But it is an unfortunate cir- ator is correct. cumstance that we had a situation that AMENDMENT NO. 2447 The amendment (No. 2444), as modi- Mrs. MURRAY. Madam President, allows, or a situation that persuades fied, is as follows: someone to stand up on the floor and under regular order the next amend- On page 69, after line 24, insert the fol- say there is a double standard on rule ment is Schumer amendment No. 2447. lowing: Is that correct? XVI. There is no double standard. SEC. 536. None of the funds made available There is not one person in the Senate to the Office of the Secretary and Executive The PRESIDING OFFICER. The Sen- who believes that, outside of the person Management under this Act may be ex- ator is correct. who said that. There is no double pended for any new hires by the Department Mrs. MURRAY. I believe that amend- standard. The standard is applied in ex- of Homeland Security that are not verified ment also has been agreed to on both actly the same way to every Senator. through the basic pilot program required sides. What is unusual to me is objecting to under section 401 of the Illegal Immigration Mr. COCHRAN. Madam President, we the standard of allowing what nor- Reform and Immigrant Responsibility Act of have no objection to proceeding to con- mally would be uncontroversial, or 1996 (8 U.S.C. 1324a note). sider the amendment. noncontroversial provisions—including Mrs. MURRAY. Madam President, I The PRESIDING OFFICER. If there this one, saying it ought to be our top believe that amendment is agreed to at is no further debate, the question is on priority to eliminate the leaders of al- this time, as modified. agreeing to the amendment. Qaida, and that the Administration Mr. COCHRAN. Madam President, The amendment (No. 2447) was agreed should give Congress quarterly reports this amendment has been reviewed. We to. on what is being done to address the have no objection to proceeding to con- AMENDMENT NO. 2462 greatest terrorist threat to our coun- sider the amendment. Mrs. MURRAY. Madam President, try. I am flabbergasted. I am enor- The PRESIDING OFFICER. The under regular order is the next item of mously surprised that would be con- question is on agreeing to the amend- business the Dole amendment, No. troversial with anyone in the Senate. I ment as modified. 2462? would expect 100 Senators would agree The amendment (No. 2444), as modi- The PRESIDING OFFICER. The Sen- with that proposition, but one, appar- fied, was agreed to. ator is correct. ently, does not. Mrs. MURRAY. Madam President, I Mrs. MURRAY. Madam President, at So we will have that debate again. move to reconsider the vote. this time we are hoping Senator DOLE We will have the debate at another Mr. COCHRAN. I move to lay that can be on the Senate floor. We are time. As I said earlier, we have already motion on the table. working our way through these amend- added the same amendment to the De- The motion to lay on the table was ments really well at this point. We do fense authorization bill. That was an agreed to. have a number of Senators who have amendable bill. That bill has been AMENDMENT NO. 2416 WITHDRAWN their amendments in order. I advise all taken from the floor at this point, but Mrs. MURRAY. Madam President, of them to stay close by the floor. We I assume it will come back. am I correct under regular order the are trying to work our way through I did wish to make the point on be- pending amendment is now Schumer them. As soon as Senator DOLE arrives half of every Senator, except the per- amendment No. 2416? on the floor, we will try to work out an son who said this, that there is no dou- The PRESIDING OFFICER. The Sen- agreement with her and hopefully ble standard on rule XVI. Those who ator is correct. move forward. suggest that, profoundly misunder- Mrs. MURRAY. Madam President, I AMENDMENT NO. 2476 WITHDRAWN stand, apparently, the rules of the Sen- ask unanimous consent to withdraw Madam President, I ask unanimous ate. But there should not be a mis- Schumer amendment No. 2416 that is consent to withdraw amendment No. understanding in this Senate about the pending. 2476. urgency of at least 99 Members of the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Senate wanting to go after and elimi- objection, it is so ordered. objection, it is so ordered. nate the leadership of al-Qaida. I would AMENDMENT NO. 2461, AS MODIFIED Mrs. MURRAY. Madam President, I hope that would represent everyone’s suggest the absence of a quorum. determination. Mrs. MURRAY. Madam President, I Al-Qaida is the terrorist organization understand now under regular order The PRESIDING OFFICER. The that represents the greatest terrorist the next pending amendment is Schu- clerk will call the roll. The assistant legislative clerk pro- threat to this country, right now, ac- mer amendment No. 2461, and there is a ceeded to call the roll. cording to the National Intelligence modification at the desk. Mr. BYRD. Madam President, I ask Estimate; and al-Qaida and its leaders The PRESIDING OFFICER. The Sen- unanimous consent the order for the are the ones who boasted about mur- ator is correct. quorum call be rescinded. dering 3,000 or more innocent Ameri- Mrs. MURRAY. Madam President, we The PRESIDING OFFICER. Without cans on 9/11/2001. have talked with the minority. I do be- Madam President, I yield the floor, lieve this amendment, as well, is objection, it is so ordered. and I suggest the absence of a quorum. agreed to. The Senator from West Virginia is The PRESIDING OFFICER. The Mr. COCHRAN. Madam President, recognized. clerk will call the roll. there is no objection to proceeding to AMENDMENT NO. 2497 The assistant legislative clerk pro- consider that amendment. Mr. BYRD. Madam President. I have ceeded to call the roll. The PRESIDING OFFICER. Without an amendment that I will offer at the Mrs. MURRAY. Madam President, I objection, the amendment is modified. appropriate time. ask unanimous consent that the order The amendment (No. 2461), as modi- Madam President, in this techno- for the quorum call be rescinded. fied, is as follows: logical age of vehicle barriers, ground-

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10084 CONGRESSIONAL RECORD — SENATE July 26, 2007 based radar, camera towers, and un- We need not look far to understand monitor and control. It also provides manned aerial vehicles, I am pleased to the threats that face this country. Sep- an additional $475 million for enforce- note that the U.S. Border Patrol still tember 11 brought the specter of ter- ment of customs and immigration laws guards America’s southwest border in a rorism to the front door of America. within the United States. Our Nation is timeless and very American manner, September 11 illustrated tragically and and must be a nation of laws. on horseback. horribly the great threat extremist Second, I am proud that this bill sup- Unfortunately, sometimes these groups can pose to the United States. ports our first responders—the fire- horses are injured or simply are no But September 11 is not the only ter- fighters, peace officers, nurses, and vol- longer fit for such rigorous service. rorist attack we or our allies have en- unteers who rush in when others rush When that happens, the Border Patrol dured in recent times. In 2002, a bomb out. They serve us by devoting their must make the decision to either put in Bali killed 202 people and wounded time, their skills, their courage, and the horse out to pasture, or, in some 209. In 2004, bombs on trains in Madrid oftentimes their lives. We owe them cases, as the only humane option, to killed 191 people and wounded over the tools and resources they need to do relieve the poor animal’s suffering and 2,000. In 2005, attacks on London’s Un- their jobs. The bill before us provides put it to sleep. Before that happens, derground killed 52 commuters and in- money for State and local emergency my amendment would ensure that the jured 700. The list goes on and on. preparedness programs, money for fire- Border Patrol provides the trainer or The State Department reports that fighter assistance grants in this pro- handler of the horse with an oppor- the number of incidents of terrorism gram and funds for emergency perform- tunity to adopt it. worldwide has grown dramatically in ance grants. This is a very simple amendment. recent years. Between 2005 and 2006, the I am particularly pleased that this The Bureau of Land Management with- number of incidents rose from 11,000 to bill restores funds to our first rein the Department of the Interior al- over 14,000. Three-fourths of these inci- sponder and State training programs ready has a horse adoption program, dents resulted in death, injury, or kid- for law enforcement and firefighter op- which I encourage the Border Patrol to napping. All told, terrorism claimed erations that the President had pro- use as a model for creating its own pro- the lives of more than 74,000 people posed to cut. This bill, however, funds gram. My amendment would also en- around the world last year. these provisions, and that includes $525 sure that such an adoption program in- Americans today know that they are million for the State Homeland Secu- cludes appropriate safeguards to ensure not immune from attack. We know rity Grant Program, $375 million for that a horse, once adopted, is not sold America is not immune from attack. law enforcement and terrorism preven- for slaughter or treated inhumanely. We also know violent extremism is pos- tion grants, $560 million for firefighter This amendment would make 20 horses ing a growing threat to our society and equipment grants, and $140 million to available for adoption per year within to that of our allies. Americans expect hire firefighters. the Homeland Security Department. It their Government to respond to these I wish also to note that the bill is the humane and decent thing to do threats with adequate resources, sound makes a serious investment in the Fed- for these noble animals which help to policies, and strong leadership. eral Law Enforcement Training Center, secure our borders and keep our citi- Unfortunately, our homeland is not the crown jewel of training centers for zens safe. as secure as it should be. A recent sur- the law enforcement community. A bi- I urge the adoption of my amend- vey revealed that national security ex- partisan group of us added a provision ment when it is offered later today. perts on both sides of the aisle agree to the 9/11 Commission bill to create Mrs. MURRAY. Madam President, I that we have not come as far as we the Rural Policing Institute at FLETC suggest the absence of a quorum. The PRESIDING OFFICER. The should have over the last 6 years. They to address the particular law enforce- clerk will call the roll. agree that the Department of Home- ment needs of rural America. This was The bill clerk proceeded to call the land Security is underperforming. They a need that I saw. It was very clear to roll. agree that intelligence reform has not me as attorney general for Colorado. The PRESIDING OFFICER. The Sen- been effective. And they agree that too The rural sheriffs and peace officers ator from Colorado. few resources are being allocated to the whom I spoke with during all of the Mr. SALAZAR. Madam President, I defense of our homeland and our Na- time that I was attorney general and in ask unanimous consent that the order tion. crafting the Rural Policing Institute for the quorum call be rescinded. The reports of holes in America’s legislation agreed that the Rural Po- The PRESIDING OFFICER. Without armor, from inadequate rail security to lice Institute would be a valuable addi- objection, it is so ordered. insufficient funding for screening at tion to FLETC. Mr. SALAZAR. Madam President, I ports, along with the Government’s re- The $220 million in this bill for rise today to praise the work of Sen- cent record of failed responses to na- FLETC will help ensure that our peace ator BYRD, Senator INOUYE, Senator tional disasters, such as the bungled officers continue to get the highest COCHRAN, Senator STEVENS, Senator leadership of Hurricane Katrina to a level of training they need as we deal MURRAY, and the entire Appropriations lack of National Guard equipment with the reality we find in the post-9/11 Committee for the work they have when a tornado tore through the State world. It is going to be the eyes and done on the Homeland Security Appro- of Kansas—those incidents underline ears and skills of the nearly 800,000 priations Act for fiscal year 2008. This the urgency of passing a strong and peace officers of America who will pro- is a strong bill. It is an essential bill to smart bill that funds our homeland se- tect our homeland from the vicious protect our homeland. curity. kinds of attacks we saw in New York Our foremost duty here in the Con- I wish to briefly describe three ways on 9/11, the vicious kinds of attacks gress is to make sure we are protecting in which the additional funding in this that took 150-plus lives in Oklahoma America, and this bill is a significant bill is vital for our security. City some years ago. So we must do ev- step in the right direction. I agree with First, the funding levels allow us to erything we can to support our men Senator BYRD and the majority leader improve security at the border and to and women who are in law enforcement that this must be the first appropria- enforce our immigration laws. Just a at both the local and State level. This tions bill for this fiscal year and that few weeks ago, during our immigration legislation does that. we must pass it this year. I hope we debate on this floor, we all agreed that Finally, in addition to providing bet- will pass it later today. we must get control of our border and ter protection along our borders and A government’s primary responsi- know who is coming into this country. ports and more tools for law enforce- bility is in the protection of the home- Now it is time for us to walk the walk. ment and first responders, this bill land and keeping its citizens safe from The bill before us would allow us to helps us to prepare to recover from an attack. This bill will help us secure our hire additional Border Patrol agents to attack or a disaster. borders, train and support our first re- protect our borders. It also includes FEMA’s response to Hurricane sponders, prevent the transport of nu- funds for additional border fencing, in- Katrina sounded the alarm bells for all clear materials, and strengthen our de- frastructure, and technology to mon- of us. Unfortunately, not everyone fenses against terrorists. itor the vast open spaces we need to seems to have heard them. Not only

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10085 does FEMA need better leadership and AMENDMENT NO. 2503 TO AMENDMENT NO. 2383 16 years to be issued or to present for any serious Congressional oversight, but it Mr. MARTINEZ. I call up amendment purpose a social security card described in now needs the resources to do this job. 2503 and ask that Senators KYL and this subsection. Nothing in this section shall prohibit the Commissioner of Social Secu- The bill before us would provide $6.9 GRAHAM be added as cosponsors. The PRESIDING OFFICER. The rity from issuing a social security card not billion for emergency preparedness and meeting the requirements of this subsection response activity. That is a significant clerk will report. to an individual under the age of 16 years amount of additional money beyond The assistant legislative clerk read who otherwise meets the eligibility require- what the President requested. Almost as follows: ments for a social security card. half of those dollars would go out to The Senator from Florida [Mr. MARTINEZ], (d) DUTIES OF THE SOCIAL SECURITY ADMIN- States and local preparedness pro- for himself, Mr. KYL, and Mr. GRAHAM, pro- ISTRATION.—The Commissioner of Social Se- grams. poses an amendment numbered 2503 to curity— Once again, I wish to reiterate my amendment No. 2383. (1) shall issue a social security card to an appreciation for the bipartisan leader- Mr. MARTINEZ. I ask unanimous individual at the time of the issuance of a social security account number to such indi- ship which Senator BYRD and Senator consent that reading of the amendment vidual, which card shall— COCHRAN, Senator MURRAY, Senator be dispensed with. (A) contain such security and identifica- INOUYE, Senator STEVENS, and the The PRESIDING OFFICER. Without tion features as determined by the Secretary other members of the Appropriations objection, it is so ordered. of Homeland Security, in consultation with Committee have shown on this bill. The amendment is as follows: the Commissioner; and It is right that this is the first appro- (Purpose: To require the issuance and use of (B) be fraud-resistant, tamper-resistant, priations bill that we consider because social security cards with biometric identi- and wear-resistant; our homeland security must come first fiers for the establishment of employment (2) shall, in consultation with the Sec- before everything else. The threat of authorization and identity) retary of Homeland Security, issue regula- attack on our soil is as great as it ever On page 69, after line 24, add the following: tions specifying such particular security and identification features, renewal require- has been, and this bill is an important SEC. 536. (a) USE OF BIOMETRIC SOCIAL SE- ments (including updated photographs), and step toward ensuring America’s first CURITY CARDS TO ESTABLISH EMPLOYMENT AUTHORIZATION AND IDENTITY.—Section standards for the social security card as nec- responders have the tools and the essary to be acceptable for purposes of estab- equipment and training they need to 274A(b)(1)(B) of the Immigration and Nation- ality Act (8 U.S.C. 1324a(b)(1)(B)) is amend- lishing identity and employment authoriza- keep America safe. ed— tion under the immigration laws of the I yield the floor. (1) in clause (ii)(III), by striking ‘‘use.’’ and United States; and The PRESIDING OFFICER. The Sen- inserting ‘‘use; or’’; and (3) may not issue a replacement social se- ator from Mississippi. (2) by adding at the end the following: curity card to any individual unless the Mr. COCHRAN. Madam President, I ‘‘(iii) social security card (other than a Commissioner determines that the purpose rise to compliment the distinguished card that specifies on its face that the card for requiring the issuance of the replacement Senator from Colorado. In his state- is not valid for establishing employment au- document is legitimate. (e) REPORTING REQUIREMENTS.— ment, he is right on when he is talking thorization in the United States) that bears a photograph and meets the standards estab- (1) REPORT ON THE USE OF IDENTIFICATION about the fact that there is no other DOCUMENTS.—Not later than the first day of bill we have pending in the Senate that lished under section 536(c) of the Department of Homeland Security Appropriations Act, the tenth fiscal year in which amounts are is more important than the bill we are 2008, upon the recommendation of the Sec- appropriated pursuant to the authorization considering here today, the funding of retary of Homeland Security, in consultation of appropriations in subsection (f), the Sec- the Department of Homeland Security with the Commissioner of Social Security, retary of Homeland Security shall submit to and the agencies which are charged pursuant to section 536(e)(1) of such Act.’’. Congress a report recommending which documents, if any, among those described in sec- with the responsibility of carrying out (b) ACCESS TO SOCIAL SECURITY CARD IN- tion 274A(b)(1)(B) of the Immigration and Na- the authorizations that have been FORMATION.—Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended tionality Act (8 U.S.C. 1324a(b)(1)(B)), should passed earlier creating the Department continue to be used to establish identity and following the 9/11 attacks on our coun- by adding at the end the following: ‘‘(I) As part of the employment eligibility employment authorization in the United try. verification system established under sec- States. This is serious business. I com- tion 274A of the Immigration and Nation- (2) REPORT ON IMPLEMENTATION.—Not later pliment the Senator on the manner in ality Act (8 U.S.C. 1324a), the Commissioner than 12 months after the date on which the which he is carrying out his duties as a of Social Security shall provide to the Sec- Commissioner begins to administer and issue new member of this body—relatively retary of Homeland Security access to any fraud-resistant, tamper-resistant, and wear- new member. He has important com- photograph, other feature, or information in- resistant cards under subsection (c)(1) of this cluded in the social security card.’’. section, and annually thereafter, the Com- mittee assignments, and we appreciate missioner shall submit to Congress a report the commitment he has shown during (c) FRAUD-RESISTANT, TAMPER-RESISTANT, AND WEAR-RESISTANT SOCIAL SECURITY on the implementation of this section. The consideration of this bill and the dis- CARDS.— report shall include analyses of the amounts cussion of amendments and the offer- (1) ISSUANCE.—Not later than first day of needed to be appropriated to implement this ing of amendments to try to help make the second fiscal year in which amounts are section, and of any measures taken to pro- sure that the work product we produce appropriated pursuant to the authorization tect the privacy of individuals who hold so- is the best we can produce for our great of appropriations in subsection (f), the Com- cial security cards described in this section. country and our homeland. missioner of Social Security shall begin to (f) AUTHORIZATION OF APPROPRIATIONS.— Madam President, I yield the floor administer and issue fraud-resistant, tam- There are authorized to be appropriated such sums as may be necessary to carry out this and suggest the absence of a quorum. per-resistant, and wear-resistant social security cards displaying a photograph. section and the amendments made by this The PRESIDING OFFICER. The section. clerk will call the roll. (2) INTERIM.—Not later than the first day The bill clerk proceeded to call the of the seventh fiscal year in which amounts Mr. MARTINEZ. I ask unanimous are appropriated pursuant to the authoriza- consent that Senators KYL and roll. tion of appropriations in subsection (f), the Mr. MARTINEZ. I ask unanimous GRAHAM be added as cosponsors. Commissioner of Social Security shall issue The PRESIDING OFFICER. Without consent that the order for the quorum only fraud-resistant, tamper-resistant, and call be rescinded. wear-resistant social security cards dis- objection, it is so ordered. The PRESIDING OFFICER (Mr. playing a photograph. Mr. MARTINEZ. In the course of the WHITEHOUSE) Without objection, it is (3) COMPLETION.—Not later than the first immigration debate, it became clear so ordered. day of the tenth fiscal year in which that one of the issues about interior Mr. MARTINEZ. Mr. President, I ask amounts are appropriated pursuant to the enforcement that was so difficult for us unanimous consent that the current authorization of appropriations in subsection to get our arms around was the issue of amendment be set aside and I be per- (f), all social security cards that are not identifying who was here. It was the fraud-resistant, tamper-resistant, and wear- issue of duplicative Social Security mitted to speak on two amendments resistant shall be invalid for establishing that I will call up, intend to speak on, employment authorization for any indi- numbers and cards and the ease with and then ask that they be withdrawn. vidual 16 years of age or older. which those intent upon breaking the The PRESIDING OFFICER. Without (4) EXEMPTION.—Nothing in this section law could fraudulently create a Social objection, it is so ordered. shall require an individual under the age of Security card. It seems to me the time

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10086 CONGRESSIONAL RECORD — SENATE July 26, 2007 has come for us to consider a biometric Mr. MARTINEZ. I ask unanimous Secretary of Homeland Security Mi- Social Security card. It would be a So- consent that reading of the amendment chael Chertoff has weighed in with a cial Security card that would fix this be dispensed with. consistent message. problem for interior enforcement and The PRESIDING OFFICER. Without In a letter the Secretary says: one that would be a foundational step objection, it is so ordered. Funding our first responders based on risk toward having the kind of serious inte- The amendment is as follows: and need gives us the flexibility to ensure rior enforcement the American people (Purpose: To require that all funds for State our finite resources are allocated in a want. and local programs be allocated based on prioritized and objective manner. The De- One of the things we heard over and risk) partment of Homeland Security strongly over is, why don’t we enforce the cur- On page 35, line 20, strike ‘‘which shall’’ supports authorization language that would distribute Federal homeland security grant rent law. The reason we cannot enforce and all that follows through ‘‘3714):’’ on line 26 and insert the following: ‘‘which shall be funds based on risk and need, rather than on current law is because there isn’t a na- allocated based solely on an assessment of static and arbitrary minimums. tional way in which we can identify risk (as determined by the Secretary of At this time I do not intend to pursue who is here legally and who is not Homeland Security) as follows: this amendment and would in a mo- when they apply for a job. It isn’t fair ‘‘(1) $900,000,000 for grants to States, of ment ask that it be withdrawn. My un- to put employers in a position of em- which $375,000,000 shall be for law enforcement terrorism prevention grants:’’. derstanding is that the 9/11 bill, the bill ploying someone about whom they may that gives life to many of the rec- Mr. MARTINEZ. This is an amend- wonder whether they are here legally ommendations of the 9/11 Commission, ment in which the senior Senator from but that they wouldn’t know because is going to be accepted or is going to be Florida, Mr. NELSON, joins as a cospon- there is no verifiable way of finding voted on and accepted by the Senate. sor. It is one that is tremendously im- out. They also would have no way of In that bill there will be a much better portant to make sure we have the best knowing whether in fact the card they distribution of dollars in a way that is security for our Nation we can possibly were being presented was a real one or more in keeping with the risks our Na- have. The concept of this amendment a fraud. tion faces. It would make substantial steps in is straightforward. It directs Homeland securing and improving the employee Security dollars to areas where the AMENDMENT NO. 2413 WITHDRAWN verification system. This amendment threat of attack by terrorists is the With that in mind, I will at this time would allow employers and employees greatest. ask that the amendment be withdrawn. alike to be sure their employment was It was no accident that when the ter- The PRESIDING OFFICER. The lawful. It would provide a card with a rorists attacked our Nation on Sep- amendment is withdrawn. photograph of every lawful guest work- tember 11, they picked powerful, high- AMENDMENT NO. 2404 er, permanent resident or citizen that profile and heavily trafficked targets. Mr. MARTINEZ. I wish to take an ad- matches up with a photograph on file Terrorists target areas where they can ditional moment to speak about with the Social Security Administra- inflict the most damage and get the amendment 2404 which will be consid- tion or the Department of Homeland most attention. For those reasons, ered later today. Security. It would also allow for phas- they focus on urban areas and areas of Many other countries, including ing in this new card over a period of 10 national importance or those that are, Israel, Canada, Japan, the United King- years, upon which only biometric So- naturally, highly populated. One of the dom, and the Netherlands, have suc- cial Security cards or a U.S. passport things that often gets overlooked is cessfully demonstrated how an inter- or green card would be valid for em- when you look at only the population national registered traveler program ployment authorization purposes. It in a certain place, oftentimes we over- can work to ensure security, focus at- does not affect the use of driver’s li- look places such as Florida. In Florida, tention on lesser known travelers, and censes for establishing identity. It does we have 70 million people from all over provide a smoother and more predict- not become a national ID card. Rather, the world and certainly from all over able travel schedule for repeat trav- this amendment only addresses the use the United States who visit as tourists. elers. Amendment No 2404 attempts to of the Social Security card which we During any given day there are hun- create an international registered trav- already use and sets standards to pro- dreds of thousands of tourists all over elers program. tect against the use of fake Social Se- the State of Florida. This only adds to This amendment would authorize the curity cards. No lawful American or the population of our State at any Department of Homeland Security to foreign visitor should have any legiti- given point in time. establish an international registered mate concern. A new biometric card On March 18, 2003, the Federal Avia- traveler program to expedite the in- will go a long way toward ensuring tion Administration proposed a no-fly spection of frequent U.S. and inter- that documents used for employment zone over the Walt Disney world resort national travelers arriving by air into authorization are secure and fraud re- area because, according to the FAA, the United States. sistant. This card would help weed out the Disney parks are a potential target The Secretary of Homeland Security fraudulent documents currently in cir- of symbolic value. In a similar in- is accordingly authorized to impose a culation supporting illegal employ- stance, Port Everglades in Broward reasonable fee to cover the costs asso- ment in our country. County actually has more passengers, ciated with establishing and maintain- AMENDMENT NO. 2503 WITHDRAWN freight, and people moving through it ing such an expedited inspection proc- My understanding is this amend- than even the port of Miami. All of the ess and is tasked to coordinate such a ment, if offered today, would be subject cruise ships, tankers, and shipping program with the Department of State. to a rule XVI. It does in fact attempt traffic out of the Miami area actually The Transportation Security Admin- to legislate and attempts to correct a sail from Broward County. These exam- istration and private industry devel- serious problem we face in the country ples highlight the issues associated oped the Registered Traveler program today. with regional influx. They underscore here in the U.S. to provide expedited At this time I ask that the amend- the need for additional security re- security screening for passengers who ment be withdrawn. sources. volunteer to undergo a TSA-conducted The PRESIDING OFFICER. The The whole State of Florida, in fact, security threat assessment in order to amendment is withdrawn. now plays host to 77 million tourists a confirm that they do not pose or are AMENDMENT NO. 2413 TO AMENDMENT NO. 2383 year. That is on top of the 17 million not suspected of posing a threat to Mr. MARTINEZ. I call up amendment persons who call Florida home. We can- transportation or national security. It No. 2413. not overstate the importance of re- has been quite successful. I believe this The PRESIDING OFFICER. The gional concepts and that models cre- is something that can work. clerk will report. ated by this amendment will encourage If we can create an international The bill clerk read as follows: funding to be spent not only on our version, it will go a long way in helping The Senator from Florida [Mr. MARTINEZ] major cities but also on those regional to develop more strategic ties with our proposes an amendment numbered 2413 to centers that require by their nature allies abroad and show openness to in- amendment No. 2383. special protections. On this issue, the vestment and travel in America.

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That is not just York City, many national parks out tion about it. true in Alabama; it is true all over West, many of the beautiful areas of The PRESIDING OFFICER. The America. Local law enforcement offi- our States are natural attractions for amendment is withdrawn. cials who apprehend people they have foreign travelers. But the foreign trav- Mr. SESSIONS. Mr. President, what I every reason to believe—maybe abso- eling public has options of where to go. believe we should do, and the purpose lute proof—that they are here illegally Part of the decisionmaking process is of the amendment that I offered and routinely are allowing the people they cost and ease of traveling. I believe am hoping we will be able to get ac- apprehend—maybe it is DUI, maybe it this is a well-thought-out amendment cepted in some fashion, is modest, but is for an accident or whatever, a do- which will enhance our national secu- it is an important step. It will require mestic dispute—whatever it is, they rity while at the same time allowing that $51 million be set aside in the un- are letting them go because somehow travelers to more easily find their way derlying bill that is before us today for they have gotten the message that no- to our country in order to enhance the section 287(g) training; that is, training body will come and pick them up, and travel and tourism industry, which is State and local law enforcement offi- they don’t know how to do it or who to of great importance in terms of our cers to be of assistance to Federal im- call and what the processes are. That is own tourism dollars, which keep many migration officers, and that $2.5 mil- what the 287(g) program is designed to Americans employed. lion of the $51 million could be used to deal with. I yield the floor and suggest the ab- reimburse State and local training ex- Now, it has been odd to me since I sence of a quorum. penses. have sought to do something about this The PRESIDING OFFICER. The Now, there are 65 pending training for quite some time, well before the clerk will call the roll. agreements out there right now, some comprehensive immigration reform bill The bill clerk proceeded to call the of which are being executed and some was introduced in this Senate over a roll. of which are waiting to be executed. I number of years ago to deal with it, Mr. CRAIG. Mr. President, I ask would like to explain why I think this there is always an objection. It was out unanimous consent that the order for is important, fair, and common- of that objection that I made the com- the quorum call be rescinded. sensical. It is something we should do. ment one time that people will vote for The PRESIDING OFFICER. Without Section 133 of the Immigration Re- any kind of immigration reform, as objection, it is so ordered. form and Immigration Responsibility long as it is a reform that would not Mr. CRAIG. Mr. President, I ask Act of 1996 is codified as section 287(g), work. If you produce something that unanimous consent to speak as in the Immigration and Nationality Act, will actually work and actually help morning business for no longer than 10 the INA, and it has commonly been the system get better and more lawful, minutes. known as the 287(g) program. Under somebody objects. It becomes a big The PRESIDING OFFICER. Without this program, States and localities can deal. So I think this is a common- objection, it is so ordered. ask the Department of Homeland Secu- sensical thing. (The remarks of Mr. CRAIG are print- rity to enter into a memorandum of Our State and local officers are in ed in today’s RECORD under ‘‘Morning understanding. That is like a treaty be- the best position on a daily basis to Business.’’) tween the State and the Department of come in contact with those unlawfully Mr. CRAIG. I yield the floor. Homeland Security. They enter into present here. We don’t have Federal The PRESIDING OFFICER. The Sen- these agreements. ICE agents, immigration agents ator from Alabama is recognized. The Presiding Officer, as a former throughout the country. Border Patrol Mr. SESSIONS. Mr. President, I be- U.S. attorney, knows how these MOUs people are just on the border. If you lieve the pending amendment is the are. They enter into these agreements, can get past the border—and that is Dole amendment. and the agreements essentially provide one of the attractions of trying to get The PRESIDING OFFICER. The Sen- that their local law enforcement offi- past the border—if you can get past it, ator is correct. Mr. SESSIONS. Mr. President, I send cers be cross-trained to work with Cus- you have a pretty good chance of being to the desk a second-degree amend- toms enforcement. home free for some time. The program clearly has not ex- I think we have about 5,000 Federal ment to the Dole amendment, No. 2442. The PRESIDING OFFICER. The panded at the pace we originally envi- ICE immigration agents inside our clerk will report. sioned, but the tide is beginning to country, but only about 2,000 of those Mr. SESSIONS. Mr. President, this turn as to these issues and how we deal are actively involved in enforcement second-degree amendment is a modest with the problem of illegal aliens. So operations. We have 600,000 to 800,000 but important amendment. It would today the number of illegal aliens in State and local law enforcement offi- ensure that $2.5 million of the $51 mil- the United States is a staggering num- cers, sheriffs, police officers, State lion in this bill that is set aside for ber. It is estimated at between 10 mil- troopers. They are out there on the 287(g) training—and I will explain lion to 12 million, with another esti- roads every day. 287(g) training, but it is basically train- mated 800,000 arriving in our country Now, this bill and the training it pro- ing of State and local law enforcement each year. Last year, we arrested over vides on a 287(g) does not train and officers by Federal officials so that 1 million. does not ask that the State and local they can be of assistance to Federal of- One solution to address the problem officers do anything they don’t want to ficials—— is to increase partnerships between do. They will not be compelled to par- The PRESIDING OFFICER. Would Federal immigration authorities and ticipate in anything they choose not to the Senator suspend a moment. The State and local authorities through participate in. It is a voluntary partici- Parliamentarians are having a discus- such programs as the 287(g) program. It pation agreement. They are not called sion about this amendment, which may is something I know a little bit about. upon to participate in conducting raids be helpful. I was a U.S. attorney in Alabama for 12 to try to identify and find people who Mr. SESSIONS. Mr. President, I note years. I was attorney general for 2 might be here illegally. Our goal would the absence of a quorum. years, and I traveled around the State be to provide a situation in which they The PRESIDING OFFICER. The and met with local law enforcement of- could assist the ICE officers during the clerk will call the roll. ficers as attorney general and as U.S. course of their ordinary duties. If they The legislative clerk proceeded to attorney. Since I have become a Sen- come upon someone likely to be an il- call the roll. ator, I have asked them about how legal alien, they would take the proper Mr. SESSIONS. Mr. President, I ask things work if they apprehend some- steps, after they have been trained, to unanimous consent that the order for body they believe to be illegally in our identify whether they are, in fact, ille- the quorum call be rescinded. country. gal and take the appropriate steps in

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Our Governor, Bob Riley, These are in Federal Court, not State police officers continue to operate in a thought it was the right thing to do. court. You cannot try people in State virtual intelligence vacuum, without He is an excellent Governor. He took court for immigration offenses. They access to terrorist watchlists.’’ The steps to do it some years ago. are picked up by the Federal prosecu- first recommendation of the report was To date, we have trained 60 State tors and they have to meet some seri- to ‘‘tap the eyes and ears of local and troopers in 3 classes of 20 each, and the ousness standard before they would ac- State law enforcement officers in pre- Federal Government trained these tually be prosecuted in Federal Court. venting attacks.’’ troopers at the Center for Domestic In addition to those I mentioned, On page 19, the report specifically Preparedness in Anniston, AL. But let there are six Federal charges pending cited the burden of finding hundreds of me tell my colleagues what happened disposition, including aliens with fire- thousands of fugitive aliens living to the State as a result of their part- arms. There are 13 Federal charges among the population of more than 8.5 nership and willingness to assist the pending indictment. So this is a matter million illegal aliens living in the Federal Government. They have to that has the potential to help us iden- United States. They suggested that the pick up the costs of this training. Each tify those who are here illegally and burden could and should be shared with those who may pose a threat to our class costs Alabama an average of the 700,000 local, county, and State law country. It could well be that the next $40,000, for a total of $120,000 in State enforcement officers if they can be person planning an attack somewhere money, all designed to help ensure that brought out of the information void. our State troopers are knowledgeable in the United States may be one of The final report of the National Com- those picked up because, as we know, on all of the correct, fair, just, and mission on Terrorist Attacks upon the of the 18 hijackers, several of them legal ways to deal with illegal entrants United States, the 9/11 Commission, re- were picked up—some more than into our country, and to be able to as- leased in the summer of 2004, also rec- once—by State and local officers. But sist the Federal agents in doing their ognized the important role of State and they had no way to access or did not duties. local law enforcement officers in immi- access the actual history of these indi- I think one reason we have seen a gration law enforcement. Again, let me viduals to find out whether they were fairly slow expansion of the 287(g) pro- remind you, we have only a couple of here legally and might otherwise be gram is the fact that it costs the thousand actively engaged Federal in- subject to arrest. If that had occurred States a bunch of money. Now we have vestigators inside our country to actu- $51 million set aside here in this pro- and our system had worked effectively, it is conceivable that the case could ally enforce immigration law. So how gram for training. But they are not do we expect to intercept some of the paying any of it, apparently, as of this have been broken before 9/11 occurred. The 9/11 Commission did point out individuals who may be plotting this date to refund the States for their that we need to do a far better job in very moment to attack? They may be costs of training. It takes some number this area. The 9/11 Commission rec- here with false documents, or they may of weeks in this training—more than I ommended we implement State and have gotten into the country legally think is justified. It is 6 weeks, my Federal training and law enforcement and overstayed. How are we going to counsel tells me. It is 6 weeks that cooperation and enhance that ability. find them if we don’t welcome the par- they have to go through a training pro- That was one of their firm rec- ticipation of State and local law en- gram. ommendations. We have not done that forcement officers? In the 9/11 Commis- I have to tell my colleagues, if you go to any significant degree at this point. sion report, the section titled ‘‘Immi- through any town in the country, The first State to be accepted with gration Law and Enforcement,’’ the whether it is Alabama or anywhere an MOU was Florida. They also have a Commission found this: else, and you are a Senator, and you history of an effective program under [T]oday, more than 9 million people are in are speeding through that town and 287(g). The ICE program provides local the United States outside the legal immigra- you are drunk, some 19-year-old, 20- law enforcement with comprehensive tion system. year-old police officer can put you in training and, once certified, the offi- Some say it is 12 million, but they jail, put your rear end in the Bastille. cers remain basically under ICE’s su- say more than 9. Nobody can dispute He doesn’t have to have special train- pervision under all matters relating to that. They continue: ing on how to arrest a Senator. But we immigration. To address concerns There is a growing role for State and local are going to give special training to voiced by immigrant interest groups, law enforcement agencies. They need more our local police officers on how to ar- Federal, State, and local enforcement training and work with Federal agencies so rest somebody who is not even a citizen have engaged in significant outreach they can cooperate more effectively with of the United States of America. That efforts with local immigrant commu- those Federal authorities. . . . is what Homeland Security wants and nities and have not engaged in sweeps To achieve that necessary collabora- that is what they believe. Six weeks, in for undocumented aliens. tion, we must first clarify the author- my view, is too much, for heaven’s One of the greatest testaments to the ity delegated to each level of law en- sake. But they want 6 weeks of train- success of a program is that in no in- forcement and make it clear that State ing and they make them cross des- stance has a complaint been filed and local officers have authority to and ignated and very intense partners in against law enforcement officers as a are welcome to participate actively in this program. But if you take a police result of the actions under this memo- the enforcement of immigration law. officer off the streets for 6 weeks, that randum of understanding. It has gone My amendment will do that. It is is a drain on the State and local police extremely well without the kind of something that is overdue, and we departments, and we ought to be able complaints that people have suggested should do it. I remain a bit baffled by to compensate them some for it, in my might happen, and it has been an asset the objections that continue to be view. to the Federal Government and should raised on this. I had occasion last year Let me tell you what happened in my be continued. It is already part of our to participate with my chief counsel, State. It has been rather remarkable. law. We have provisions that allow for who is here with me—Cindy Hayden— In the first 18 months of operation, the it. We have money set aside—$51 mil- to prepare a law review article for the Alabama MOU has resulted in the sei- lion in one area and $5 million in an- Stanford Law Review on the question zure of over $689,000 in cash in connec- other area—but we don’t have provi- of the authority of State and local law tion with criminal immigration of- sions to help the States defray the cost enforcement officers. It is somewhat fenses. Pretty good action there. As of of their training. complex, but it is not disputed that last year, the training of those troop- Now, I will remind my colleagues of State and local law enforcement have ers had already resulted in 54 indict- some of the objective reports since 9/11 the authority to detain people who

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At that point, we can work through gard to criminal immigration offenses, Americans openly welcome legal immi- the final amendments, and we will talk to conduct such detentions as a com- grants and new citizens. They value with the Senator about offering his plement to and as a part of their his- the character, the ability, the decency, amendment. toric ability to assist in the enforce- and the strong work ethic of so many Mr. SESSIONS. I thank the Chair ment of existing Federal law—and, in- of those who have come to our country. and thank Senator MURRAY. deed, citizens can make citizen arrests However, it is also clear that Ameri- I do feel strongly about this issue. We for violations in some instances. This cans do not feel the same way about have talked about it for quite a number has been a part of the law. those who violate our laws. The fact is, of years. It is time for us to get this What is somewhat confused is that a large majority feel that State and matter settled and fixed. It is overdue. we have perhaps 40 percent of the peo- local governments should be aiding the I look forward to working with the ple enter into our country legally, but Federal Government in stopping illegal Senator. overstay. Maybe that large a percent- immigration. I thank the Chair. I see other Sen- age of our illegal population are visa A Roper poll titled ‘‘Americans Talk ators have arrived. I yield the floor. overstays. The Court of Appeals in About Illegal Immigration’’ found that Mrs. MURRAY. I suggest the absence California—our Nation’s clearly most 88 percent of Americans agree and 68 of a quorum. liberal, the Ninth Circuit—concluded percent strongly agree that Congress The PRESIDING OFFICER. The that local officers do not have the au- should require State and local govern- clerk will call the roll. thority to detain those visa over- ment agencies to notify INS, now ICE, The legislative clerk proceeded to stayers. If you break across the border, and their local law enforcement when call the roll. that is clearly a criminal offense and they determine that a person is here il- Mr. THUNE. Mr. President, I ask detention can be had for that, they say, legally or who has presented fraudulent unanimous consent the order for the but not for the others. Two other cir- documentation. quorum call be rescinded. cuits—the Tenth and Fifth—seem to Additionally, 85 percent of Americans The PRESIDING OFFICER. Without indicate otherwise. agree and 62 percent strongly agree objection, it is so ordered. The Department of Justice did a that Congress should pass a law requir- Mr. THUNE. I ask unanimous con- memorandum at one point that said ing State and local governments and sent to speak in morning business. there was not authority for the deten- law enforcement agencies to apprehend The PRESIDING OFFICER. Without tion of people in our country who have and turn over to the INS illegal immi- objection, it is so ordered. not committed criminal violations of grants with whom they come in con- (The remarks of Mr. THUNE are print- immigration law. Then that opinion tact. ed in today’s RECORD under ‘‘Morning was withdrawn. So the matter is con- So this amendment I have offered is Business.’’) fusing. There was an article in the far less reaching. Those numbers speak Mr. THUNE. I yield the floor and sug- Washington Times newspaper about it volumes about the instincts and the gest the absence of a quorum. yesterday. The article quoted one of understanding of the American people The PRESIDING OFFICER. The the people as saying there are gray about the enforcement of laws in clerk will call the roll. The assistant legislative clerk pro- areas here. There was an article in the America. ceeded to call the roll. It is important to note that these re- Huntsville, AL, newspaper about a Mr. REID. Mr. President, I ask unan- meeting with the police and the law- sponses were collected in response to imous consent that the order for the yers and the city council about what questions about requiring State and quorum call be rescinded. they could do to participate in the en- local law enforcement action. The The PRESIDING OFFICER. Without forcement of laws with regard to those amendment I have offered does not re- objection, it is so ordered. in our country illegally. The lawyers quire that, although it is mightily frus- Mr. REID. Mr. President, I have con- told them there is some confusion trating to see cities and certain juris- sulted with the Democratic manager of there. dictions open, call themselves sanc- this bill, I have spoken to Senator Well, it is not hard for us to clear up tuary bodies, and assert to the whole COCHRAN, Senator MCCONNELL. We are that confusion. The House of Rep- world that not only will they not help going to plow on to finish this bill to- resentatives tried to do it in their first in any way to enforce the law but will, night. bill last year, so they made it a felony in fact, not cooperate with the enforce- Now, we have worked long and hard to overstay and enter the country ille- ment of Federal laws in their jurisdic- the last couple of weeks, late nights, gally. That resulted in an uproar and tion. To me that is inexcusable. It is an and we may have to have one tonight. people saying we are going to make fel- affront to our history as a lawful soci- We really need to finish this legislation ons of them and that was awful, so ety, and I am troubled by it. for all of the reasons we have all talked there was a big retreat from that. We Again, the first step is we should do about before, not the least of which is have to figure out the best way to pro- a better job of training local and State we have so much to do next week that ceed with it. law enforcement officers, and, second, we have to finish this tonight. We also My view is two things need to occur. we should clarify their jurisdiction. If have some other things we are going to We need better training of our State we do not do that, I don’t think we are try to do, but everyone should be aware and local law enforcement that goes very serious about bringing under con- of that. Do not plan on going home for into their existing power so they know trol illegal immigration in America. dinner tonight. what they are able to do and they don’t I did offer a second-degree amend- The PRESIDING OFFICER. The Sen- overreach; second, we need to pass leg- ment earlier, and I withdrew it. I ask ator from Washington. islation. But this is an appropriations unanimous consent that I be allowed to Mrs. MURRAY. Mr. President, we are bill and we cannot legislate on an ap- modify Senator DOLE’s amendment to making progress. We have been work- propriations bill. We are not able to include the language I proposed. ing through a number of amendments offer an amendment that would change The PRESIDING OFFICER (Mr. NEL- over the past several hours. I thank the or would clarify what the powers of the SON of Florida). Is there objection? majority leader, the minority leader, local law enforcement are. Mrs. MURRAY. I object. as well as the managers of the bill in We should make it quite clear that The PRESIDING OFFICER. Objec- helping us move forward. they have the power to detain anyone tion is heard. AMENDMENT NO. 2496, WITHDRAWN in our country illegally. They can de- Mrs. MURRAY. Mr. President, I say AMENDMENT NO. 2488, AS MODIFIED tain a Governor. They can detain a to the Senator, there are a number of I would just reiterate what Senator mayor. They can detain a Senator. amendments we expect to be called up REID said earlier. I am happy that we

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10090 CONGRESSIONAL RECORD — SENATE July 26, 2007 have finally resolved the issue regard- tant for you, Mr. President, rep- The PRESIDING OFFICER. Without ing the amendment of the Senator resenting the State of Florida, and for objection, it is so ordered. from Louisiana. I believe we are at the me, representing the State of Lou- UNANIMOUS CONSENT REQUEST—5849 point now where we can move forward isiana. It is one thing for folks in Min- Mr. DURBIN. Mr. President, I ask on that. nesota to travel to Canada and to come unanimous consent that the majority I ask unanimous consent that the back; it is obviously a very different leader, following consultation with the Cochran second-degree amendment No. thing for folks in Florida or Louisiana Republican leader, may at any time 2496 be withdrawn; that the Vitter to physically travel to Canada and proceed to consideration of Calendar amendment No. 2488, as modified, be come back. So compared to what we No. 127, S. 849, the Openness Promotes agreed to, and the motion to reconsider got passed into law last year, this is far Effectiveness in our National Govern- be laid upon the table with no inter- broader and far more significant be- ment Act of 2007; that the bill be convening action or debate. cause it also covers mail order and sidered under the following limita- Mr. REID. And following the vote on Internet sales. tions: that there be a time limit of 2 that, that the Senator from Louisiana The second big difference is, again, hours of general debate on the bill, be recognized for 10 minutes to speak what we passed last year was limited with the time equally divided and con- on the amendment. to a 90-day supply, and what we are trolled between the chair and ranking The PRESIDING OFFICER. Without passing on the Senate floor right now member of the Judiciary Committee or objection, it is so ordered. has no such limitation. Again, I think their designees; that the only amend- The amendment (No. 2488), as modi- that is another significant step for- ment in order be a Leahy-Cornyn tech- fied, was agreed to. ward, a significant expansion of the nical amendment, which is at the desk; The PRESIDING OFFICER. The Sen- law on the road to full-blown re- that upon the use or yielding back of ator from Louisiana. importation. time, the amendment be agreed to, the Mr. VITTER. Mr. President, let me Again, I thank everyone who was in- bill as amended be read three times, thank both the majority leader and the volved in this very productive resolu- and the Senate vote on passage of the Democratic manager of the bill, Sen- tion. We got a resounding vote a year bill, with the above occurring without ator MURRAY, for their work, for their ago—68 to 32. We got, technically, even further intervening action or debate. amicable resolution of this issue. I a better vote today, in the sense that it The PRESIDING OFFICER. Is there think it is a very good bipartisan, pro- was voice voted, unanimous consent, so objection? ductive, amicable result. I appreciate technically unanimous. We got a much Mr. COCHRAN. Mr. President, it is all of you working together in that re- broader provision today, which I think my understanding that there are ongo- gard. is a very important step forward on the ing discussions with both sides of the I also extend my thanks to Senator road to my ultimate goal, which is full- aisle as well as the administration to COCHRAN, the Republican manager of blown reimportation with all the req- come up with bipartisan, consensual the bill, who was also very helpful in uisite safety provisions and author- language on this issue and that we are that regard in coming to a productive, izing language that would be involved. unable to clear the agreement at this amicable resolution. I appreciate all of Of course, we cannot do that author- time. Therefore, on behalf of several that work. izing legislation on this bill because it Republican senators, I object. I just wanted to underscore the im- is an appropriations bill, but we can, The PRESIDING OFFICER. Objec- portance of what we have done because we should, we must, on another vehicle tion is heard. I think this is a very important issue soon, very soon, absolutely this year. I Mr. DURBIN. Mr. President, I under- for the people of Louisiana, for the peo- look forward to continuing to work stand Senator COCHRAN has expressed ple of the entire United States. with you, Mr. President, with other the sentiments of some on his side of Last year, on this very same bill, I leaders on this issue, Senator SNOWE, the aisle. I would like to say for the joined with you, Mr. President, and we Senator DORGAN, Senator THUNE, Sen- record that we have made this proposal were successful in passing an amend- ator DEMINT, and many others who for several months now. I think those ment on the Senate floor, and then in completely support the ultimate objec- who are trying to move this issue have the conference committee we were suc- tive of full-blown drug reimportation shown extraordinary patience in trying cessful in passing a version of that out to allow American consumers unbri- to reach an accommodation, and this is of the conference committee into law. dled access to safe, cheaper prescrip- no reflection on the Senator from Mis- That was an important step forward at tion drugs, including by mail order and sissippi, who was not involved in this the time to ensure we would not have the Internet. debate, that I know of. It only is a plea Federal agents, we would not have the Again, I believe the step we are tak- to those who are considering the mer- heavy hand, if you will, of the Federal ing here tonight, compared to what we its of this legislation to try to do so in Government coming down to rip out of were able to pass into law through the a timely fashion. people’s grasp—U.S. citizens—pharma- Vitter-Nelson amendment last year, is Mr. President, I would like to reit- ceuticals they had bought properly in an important additional step in remov- erate what the majority leader said Canada as they were coming back into ing the limitation that it has to be on earlier for those following the debate. our country. I think the policy of doing your person, so saying we can do it by If there are Members of the Senate of that in the past was outrageous, par- mail order and the Internet, and by re- either political party who have pending ticularly considering the sky-high moving the limitation of a 90-day sup- amendments on the Homeland Security prices American consumers face in the ply. appropriations bill, we encourage you United States and the very different With that, I again thank all of the to come to the Senate floor as soon as lower prices they face in Canada. So participants for this very positive, ami- possible and be prepared to call up your that step forward a year ago was very cable, bipartisan resolution of the issue amendment. We are going to stay in important. on this bill. I look forward to con- session tonight until all amendments I think what we just agreed to a few tinuing to walk down this path toward are disposed of. We will vote on final minutes ago, what will be on this bill, the ultimate goal I share with you and passage this evening, whatever time is an even more significant step for- so many others on the Senate floor. that may be. We hope it will not be a ward because compared to what came I yield the floor. late-night session, but when there are out of conference and what was signed Mrs. MURRAY. I suggest the absence many amendments pending and no into law last year, this takes two addi- of a quorum Members on the floor, it is a frus- tional steps. The PRESIDING OFFICER. The trating situation for everyone. First of all, we are no longer saying clerk will call the roll. So I hope that those who have it is limited to prescription drugs on The bill clerk proceeded to call the amendments they care about will come the person of an American citizen. roll. forward as soon as possible, come to What that means is that we are also in- Mr. DURBIN. Mr. President, I ask the floor and work to try to resolve cluding protection of Internet and mail unanimous consent that the order for those amendments, withdraw these order sales. That is enormously impor- the quorum call be rescinded. amendments, or bring them to a vote.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10091 I yield the floor, and suggest the ab- The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a sence of a quorum. clerk will report. sufficient second? The PRESIDING OFFICER. The The assistant legislative clerk read There appears to be a sufficient sec- clerk will call the roll. as follows: ond. The bill clerk proceeded to call the The Senator from South Carolina [Mr. The yeas and nays were ordered. roll. DEMINT] proposes an amendment numbered The PRESIDING OFFICER. The Sen- Mrs. MURRAY. Mr. President, I ask 2481 to amendment No. 2383. ator from Colorado. unanimous consent that the order for Mr. DEMINT. Mr. President, I ask Mr. SALAZAR. Mr. President, what the quorum call be rescinded. unanimous consent that reading of the is the pending business? The PRESIDING OFFICER (Mr. amendment be dispensed with. The PRESIDING OFFICER. The SANDERS). Without objection, it is so The PRESIDING OFFICER. Without DeMint amendment No. 2481. ordered. objection, it is so ordered. Mr. SALAZAR. Mr. President, I ask The amendment is as follows: unanimous consent that the pending AMENDMENT NO. 2462 (Purpose: To prohibit the use of funds to re- amendment be set aside so I may call Mrs. MURRAY. Mr. President, the move offenses from the list of criminal of- up an amendment. pending amendment, I believe, is the fenses disqualifying individuals from re- The PRESIDING OFFICER. Without Dole amendment No. 2462; is that cor- ceiving TWIC cards) objection, it is so ordered. rect? On page 69, after line 24, insert the fol- AMENDMENT NO. 2516 TO AMENDMENT NO. 2383 The PRESIDING OFFICER. The Sen- lowing: Mr. SALAZAR. Mr. President, I call ator is correct. SEC. 536. None of the funds appropriated or up amendment No. 2516 and ask for its Mrs. MURRAY. Mr. President, I be- otherwise made available by this Act may be immediate consideration. lieve the amendment has been agreed obligated or expended by the Secretary of Homeland Security to remove offenses from The PRESIDING OFFICER. The to on both sides. the list of criminal offenses disqualifying in- clerk will report. The PRESIDING OFFICER. If there dividuals from receiving a Transportation The assistant legislative clerk read is no further debate, the question is on Worker Identification Credential under sec- as follows: agreeing to the amendment. tion 1572.103 of title 49, Code of Federal Regu- The Senator from Colorado [Mr. SALAZAR], The amendment (No. 2462) was agreed lations. for himself and Mr. MENENDEZ, proposes an to. Mr. DEMINT. Mr. President, I had an amendment numbered 2516 to amendment Mrs. MURRAY. I move to reconsider opportunity this morning to speak No. 2383. the vote. briefly about this amendment, and in The amendment is as follows: Mr. COCHRAN. I move to lay that the interest of time I will be brief At the end, add the following: motion on the table. again. SECTION 1. BORDER SECURITY REQUIREMENTS The motion to lay on the table was This amendment is about the secu- FOR LAND AND MARITIME BORDERS agreed to. rity of our ports. Two times within the OF THE UNITED STATES. (a) OPERATIONAL CONTROL OF THE UNITED AMENDMENT NO. 2449 WITHDRAWN last year this body passed a bill that would prohibit access to convicted fel- STATES BORDERS.—Notwithstanding any pro- Mrs. MURRAY. Mr. President, the vision in this Act, the President shall ensure next pending amendment is the Dole ons of secure areas of our ports. We that operational control of all international amendment No. 2449. I believe that is passed it once in the SAFE Port Act, land and maritime borders is achieved. the pending amendment. and that amendment was diluted when (b) ACHIEVING OPERATIONAL CONTROL.—The The PRESIDING OFFICER. The Sen- it came back. Also, we will find in the Secretary of Homeland Security shall estab- ator is correct. 9/11 Commission bill that will come lish and demonstrate operational control of 100 percent of the international land and Mrs. MURRAY. Mr. President, I ask back—we had passed it and put it in as part of that bill—it has been once maritime borders of the United States, in- unanimous consent that amendment be cluding the ability to monitor such borders withdrawn. again diluted. This needs to be a serious consider- through available methods and technology. The PRESIDING OFFICER. Without (1) STAFF ENHANCEMENTS FOR BORDER PA- ation. We can spend billions and bil- objection, it is so ordered. TROL.—The United States Customs and Bor- Mrs. MURRAY. Mr. President, I now lions of dollars on screening and all der Protection Border Patrol may hire, ask unanimous consent that the fol- kinds of equipment, but if one person train, and report for duty additional full- time agents. These additional agents shall be lowing amendments be called up by the in our ports turns away from something being shipped in and does not do deployed along all international borders. individual Senators, with the following (2) STRONG BORDER BARRIERS.—The United time agreements, with no intervening the proper inspection and lets something in, we could be in a lot of trouble States Customs and Border Protection Bor- action: amendment No. 2481, by Sen- der Patrol may: as a country. ator DEMINT; amendment No. 2516, by (A) Install along all international borders So this amendment simply does not Senator SALAZAR; amendment No. 2498, of the United States vehicle barriers; allow the Secretary to use funds to (B) Install along all international borders by Senator SANDERS; that the Senators eliminate any of the felonies listed in of the United States ground-based radar and be allowed to speak for up to 10 min- the amendment. Please keep in mind, cameras; and utes, with no intervening action. this list of felonies is one that has been (C) Deploy for use along all international The PRESIDING OFFICER. Is there adopted by the Homeland Security borders of the United States unmanned aer- objection? ial vehicles, and the supporting systems for agency. It is very similar to the lists Without objection, it is so ordered. such vehicles; we use in our airports, which have pro- Mrs. MURRAY. Mr. President, with (c) PRESIDENTIAL PROGRESS REPORT.— tected us for a number of years. (1) IN GENERAL—Not later than 90 days that we now have three Senators who It is very important we recognize after the date of enactment of this Act, and will be calling up amendments. that people who have been susceptible every 90 days thereafter, the President shall I again say to any Senator who has to criminal activity can be susceptible submit a report to Congress detailing the an amendment they want to offer to- again. This is not that we do not want progress made in funding, meeting or other- night, we are moving quickly to final to give people a second chance, but sec- wise satisfying each of the requirements de- passage. In a few minutes, we will have scribed under paragraphs (1) and (2). ond chances should not be at the ex- (2) PROGRESS NOT SUFFICIENT.—If the Presi- a number of amendments that have pense of the security of this country. been agreed to on both sides. We will be dent determines that sufficient progress is So this amendment would disallow not being made, the President shall include calling those up. the use of funds to water down and in the report required under paragraph (1) Between now and then, the Senators eliminate any of the felonies listed in specific funding recommendations, author- I referred to will be speaking to their the Department of Homeland Secu- ization needed, or other actions that are or amendments and calling them up. rity’s list of those who are denied ac- should be undertaken by the Secretary of The PRESIDING OFFICER. The Sen- cess to what we call the TWIC cards, Homeland Security. ator from South Carolina. SECTION 2. APPROPRIATIONS FOR SECURING which are the transportation worker LAND AND MARITIME BORDERS OF AMENDMENT NO. 2481 TO AMENDMENT NO. 2383 identification cards. THE UNITED STATES. Mr. DEMINT. Mr. President, I call up So with that, Mr. President, I ask for Any funds appropriated under this Act amendment No. 2481. the yeas and nays. shall be used to ensure operational control is

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Without ly important we are securing our mari- begin by commending Chairman BYRD objection, it is so ordered. time borders as well. and Ranking Member COCHRAN for Mr. SALAZAR. Mr. President, I note Another example: Recently, a human their outstanding leadership on this ex- at the outset this amendment is spon- smuggling ring running undocumented cellent piece of legislation. The fiscal sored by Senator MENENDEZ, myself, work immigrants into the United year 2008 Homeland Security appro- Senator GRAHAM, and Senator MAR- States from Canada was dismantled. priations bill will make this country TINEZ. This was a human smuggling ring that safer, and I thank Chairman BYRD and What it does, in a very simple state- was bringing undocumented workers Senator COCHRAN for their hard work ment, is say any funds we appropriate through Canada. That ring was respon- in crafting this bill. under this legislation with respect to sible for bringing dozens of Indian and The amendment I am offering now is, our border security should be used to Pakistani immigrants into the coun- in fact, a very simple amendment. As ensure the operational control that try. you know, there is strong concern all needs to be achieved for all our inter- So I think these are examples that over this country about the increase in national land and maritime borders of demonstrate if we are going to secure poverty and the decline of the middle the United States. our borders, it is not just the border class. It seems to me—at a time when This is an important amendment be- between Mexico and the United States we are hemorrhaging millions of good- cause the earlier amendment, which I that needs to be secured; it is all the paying jobs; at a time when Americans cosponsored with Senator GRAHAM, fo- borders of the United States of Amer- are losing, by the millions, their health cused on the appropriation of moneys ica. insurance, when moms cannot afford to go to the southern border, the bor- I urge my colleagues to join with affordable childcare, people are losing der between Mexico and the United Senator MENENDEZ, Senator MARTINEZ, their pensions—we have to do every- States. The fact is, those of us who are Senator GRAHAM, and me in the adop- thing we can to make sure the policies here working on homeland security tion of this amendment. we implement do not hurt low- and should care and do care about making Mr. President, I ask for the yeas and moderate-income families and make a sure we have secure borders to this nays on this amendment. bad situation even worse. country, including our land and our The PRESIDING OFFICER (Mr. DUR- On the contrary, this Congress has to maritime borders. BIN). Is there a sufficient second? do everything we can to make sure we So what this amendment does is it There appears to be a sufficient sec- lift up wages—we lift up working con- directs that these expenditures of mon- ond. ditions—and not push them down. Un- eys can be spent in securing our land The yeas and nays were ordered. fortunately, the Department of Home- borders to the north and to the south The PRESIDING OFFICER. Under land Security and the Department of as well as our maritime borders of the the unanimous consent agreement, the Labor have proposed regulations that, United States of America. It is an Senator from Vermont is now recog- if implemented, could have a signifi- amendment which is important, and nized for up to 10 minutes. cant negative impact in terms of low- there is an important statement to be Mr. SANDERS. Thank you, Mr. ering wages and working conditions for made here. Much of the attention we President. American workers. have been giving to the southern bor- What is the pending business? Specifically, the Department of der, in terms of the broken borders we The PRESIDING OFFICER. The Homeland Security and the Depart- are trying to fix in this immigration pending business is Salazar amendment ment of Labor have proposed regula- debate, has taken away the needed No. 2516. tions that would eliminate the labor amount of attention we should be fo- Mr. SANDERS. Mr. President, I ask certification process and replace it cused on with respect to the other bor- unanimous consent that the pending with a labor attestation process. State ders. amendment be laid aside so I can call workforce agencies and the Depart- The fact is, we have a very broken up an amendment. ment of Labor as a whole would no system of immigration. We have a very The PRESIDING OFFICER. Without longer be involved in certifying that broken system of our borders today in objection, it is so ordered. employers applying for H–2B visas are the United States of America. But it is AMENDMENT NO. 2498 TO AMENDMENT NO. 2383 not displacing American workers or ad- not just the border with Mexico that is Mr. SANDERS. Mr. President, I call versely affecting the wages or working broken. It is also the border between up the Sanders-Feingold amendment conditions of U.S. workers. the United States and Canada, and it is No. 2498 and ask for its immediate con- The proposed regulations, for the also our maritime borders that need sideration. most part, would only require employ- additional security. So it is my hope The PRESIDING OFFICER. The ers to attest—to attest—to the Depart- that with this amendment we will be clerk will report. ment of Homeland Security that they able to put attention on our maritime The assistant legislative clerk read are following the law. All they have to borders as well as our northern border. as follows: do is say: I am following the law. Trust I wish to give a couple of examples The Senator from Vermont [Mr. SANDERS], us. In other words, the Federal Govern- about why it is that this amendment is for himself and Mr. FEINGOLD, proposes an ment would take employers at their needed. If you look at the number of amendment numbered 2498 to amendment word that they are complying with the examples we have with terrorists and No. 2383. law, with little, if any, oversight. other people who would wish to do us The amendment is as follows: Among other things, the proposed harm, they come in from across the (Purpose: To prohibit funds made available regulations fail to ensure H–2B visa borders, many of them come into this in this Act from being used to implement work is temporary in nature. H–2B country legally and then they overstay a rule or regulation related to certain peti- work is supposed to be temporary. The their visas. tions for aliens to perform temporary labor proposed regulations fail to ensure that One example of what we know from in the United States) no qualified American worker is avail- the north, and that is in December of On page 69, after line 24, add the following: able for H–2B positions. In other words, 1999, the Jordanian police foiled a plot SEC. 536. PROHIBITION ON USE FUNDS FOR the employer is supposed to go out and to bomb hotels and other sites fre- RULEMAKING RELATED TO PETITIONS FOR make sure there are not American ALIENS. quented by American tourists. It was a None of the funds made available in this workers available for that position. U.S. Customs agent on the U.S.-Cana- Act may be used by the Secretary of Home- The proposed regulations fail to re- dian border who arrested the person land Security or any delegate of the Sec- quire that H–2B employers do not ad- who was smuggling explosives intended retary to issue any rule or regulation which versely affect U.S. wages and working

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10093 conditions, all of which are required by The PRESIDING OFFICER. Is there that lives were lost because the heroic current law. In other words, the law objection? emergency response personnel—the says an employer cannot pay low wages Without objection, it is so ordered. firefighters, the police officers, the which have the impact of lowering AMENDMENT NO. 2407 TO AMENDMENT NO. 2383 emergency medical personnel—simply wages for all workers in that area. Mr. LIEBERMAN. Mr. President, I could not communicate with one an- Now, let me very briefly read to my thank the Chair and I thank my friend other because their systems did not colleagues what the AFL–CIO has writ- Senator MURRAY from Washington allow them to do that. During Hurri- ten about these regulations: State. I call up amendment No. 2407. cane Katrina, there was a breakdown The proposed regulations would signifi- The PRESIDING OFFICER. The because of the catastrophic impact of cantly weaken the ability of the Department clerk will report. that natural disaster in the very oper- of Labor and the Department of Homeland The legislative clerk read as follows: ability of communications. Security to meet the statutory requirements The Senator from Connecticut [Mr. We have heard from experts on how of the H–2B program as established by Con- best respond to these disasters and of gress and would establish a new regulatory LIEBERMAN], for himself and Mrs. COLLINS, system that would be arbitrary and capri- proposes an amendment numbered 2407 to the crying need for investment in mak- cious. Current administrative procedures amendment No. 2383. ing our communications systems inter- have so far failed to adequately protect H–2B Mr. LIEBERMAN. Mr. President, I operable. Our State and local emer- workers, domestic workers, and the domestic ask unanimous consent that the read- gency response officials, elected offi- labor market. The proposed regulations, ing of the amendment be dispensed cials, tell us this is a crying need. The rather than addressing and remedying these with. fact is it is a need that is very hard, fundamental flaws in current procedures, particularly for local governments, to would only further undermine the adminis- The PRESIDING OFFICER. Without tration’s ability to ensure the H–2B program objection, it is so ordered. satisfy. Anybody who has ever dealt operates in full compliance with the law and The amendment is as follows: with a municipal budget looks at the in a rational manner. The proposed regula- (Purpose: To provide funds for the Interoper- budget of the firefighters, the police tions are not only unacceptable to the AFL– able Emergency Communications Grant departments—these are personnel-in- CIO and to worker and immigrant advocates Program) tensive budgets. There is not enough as a matter of public policy—if enacted, they On page 35, line 20, strike ‘‘$3,030,500,000’’ left over for what might be called cap- would also constitute an unjustified and un- and insert ‘‘$3,130,500,000’’. ital investments, equipment invest- authorized derogation from the administra- On page 39, line 21, strike the colon, insert tion’s responsibilities under the law. ments. So this need for interoperable a period and add the following: communications, which will save lives, In addition, according to a recent re- (4) $100,000,000 for grants under the Inter- without question, will simply not be port by the Southern Poverty Law Cen- operable Emergency Communications Grants met fast enough if we leave it to the ter entitled ‘‘Close to Slavery,’’ H–2B Program established under title XVIII of the local governments. workers are routinely cheated out of Homeland Security Act of 2002; Provided, That the amounts appropriated to the De- Now, in the 9/11 Commission bill wages; forced to mortgage their futures which we will consider later, this inter- to obtain low wage, temporary jobs; partment of Homeland Security for discretionary spending in this Act shall be reduced operability emergency communica- held virtually captive by employers or on a pro rata basis by the percentage nec- tions grant program is not only created labor brokers who seize their docu- essary to reduce the overall amount of such but authorizes the expenditure of $1.6 ments; forced to live in squalid condi- spending by $100,000,000. billion for this purpose over the next 4 tions; and denied medical benefits for Mr. LIEBERMAN. Mr. President, this years. This Homeland Security appro- on-the-job injuries. amendment is introduced by the Sen- The amendment I am offering today priations bill before us makes a sub- ator from Maine, Ms. COLLINS, the would prohibit the Department of stantial increase over the President’s ranking member of the Homeland Se- Homeland Security from using any of budget in funding for homeland secu- curity Committee, and myself. At this 1 the funds in this act to implement rity, $2 ⁄4 billion. It is absolutely the time I wish to ask unanimous consent these proposed regulations. right thing to do. It is absolutely the Given the serious abuses of the H–2B that Senator MCCASKILL of Missouri be necessary thing to do to protect the program by many employers docu- added as an original cosponsor. American people from disaster and/or a The PRESIDING OFFICER. Without mented by the Southern Poverty Law terrorist attack. However, the bill be- objection, it is so ordered. Center, and the strong opposition of fore us does not include any money for Mr. LIEBERMAN. Mr. President, as working people from all over this coun- interoperability of communications at the Presiding Officer knows, in a short try, I hope my colleagues will join me the local level. while this evening, the Senate will con- in supporting this amendment. We Perhaps because this conference re- sider the conference report, which has have a bad situation now. Let us not port we are going to consider tonight brought together the so-called 9/11 leg- make it worse. was not adopted when the Homeland Simply put, we must make sure that islation passed by both the House and Security Appropriations Subcommittee labor protections for American workers the Senate. I am very pleased, as I will reached its judgments, I will say for and for foreign workers who are tempo- say when that matter comes up, that the record that the Senate itself earlier rarily working in our country—we the conferees have reached an agree- this year, in the Senate budget resolu- must make sure these regulations are ment, because I believe this bill will tion, supported $400 million in dedi- strengthened, not weakened. Over the greatly enhance the security of the cated funding for this program, with long term, I will be introducing legisla- American people, protecting them from passage of that budget resolution, in tion to accomplish that goal. But in natural disasters and also, God forbid, anticipation, I believe, of this new pro- the interim, we must not take a major from a terrorist attack. This con- gram. step backwards in terms of protecting ference report will enact remaining What this amendment, offered by the both U.S. workers and guest workers unenacted or inadequately enacted rec- Senator from Maine and myself and the from unscrupulous employers. That is ommendations of the 9/11 Commission. Senator from Missouri, does is to pro- what this amendment is all about, and Specifically in regard to this amend- vide $100 million to fund a first pay- I urge my colleagues to vote ‘‘yes’’ on ment, the conference report will cre- ment to fund this new interoperability this amendment. ate, if favorably adopted, a new inter- emergency communications grant pro- With that, I ask for the yeas and operability emergency communica- gram. It is a kind of downpayment at a nays. tions grant program to help Federal, meaningful level; not as much as is The PRESIDING OFFICER. Is there a State, and local responders achieve necessary, but a beginning to this pro- sufficient second? comprehensive interoperability. gram. The authorization in the con- There is a sufficient second. My colleagues know the need from ference report is important. It takes a The yeas and nays are ordered. which this amendment arises, and, in critical step forward. But it must be Mrs. MURRAY. Mr. President, I ask fact, some of the tragic experiences funded, or it will not mean anything to unanimous consent that Senator from which it arises. On September 11 our first responders and those of the LIEBERMAN be allowed 10 minutes to at the World Trade Center and the rest of us in America who depend on call up an amendment. Towers, we know as a matter of fact them for our protection.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10094 CONGRESSIONAL RECORD — SENATE July 26, 2007 I wish to note as an indication of the So while there are 13,488 Border Pa- come over the northern border than to urgent need for this kind of funding trol agents in the entire force, there face the challenges of the southern bor- that the following first responder are only 965 agents along the northern der. groups have written and expressed border. That northern border has over I know our colleagues here who care their support for this amendment: the 5,525 miles of border between the so much, as we do, about the national International Association of Fire- United States and the North, signifi- security and the defense of this coun- fighters, the International Association cantly more than the 1,993 miles along try are going to give this amendment of Fire Chiefs, the International Asso- the southern border. Yet over 69,000 an overwhelming vote. I expect it to be ciation of Chiefs of Police, the Associa- people have crossed, to our knowledge, accepted by a voice vote. If the answer tion of Public Safety Communications because if you divide out the number of is no, we are not concerned about the Officials International, the Congres- Border Patrol agents at any given time northern border, then I have to ques- sional Fire Service Institute, and the on the northern border, they are look- tion the motives of some in this debate National Volunteer Fire Council. All of ing at patrolling hundreds and hun- because we are either concerned about these folks representing millions of dreds of miles for a fraction of what is the security of the country or we have first responders around America are the Border Patrol on any given shift. a certain prejudice over a certain part asking for this funding. Therefore, what that number tells us is of what we consider a threat to the I will report to my colleagues that that while thousands cross on the United States. Porous borders are a the House has included $50 million as a northern border, we don’t even know collective threat. But when we focus first payment to fund this interoper- the magnitude of it, because we are not all of our time and attention at one ability communications fund in its paying attention. We are not paying end, let’s leave a wide gaping hole on Homeland Security appropriations bill. attention on the northern border. the other part, the one that has over I hope my colleagues will help us do I will remind my colleagues that it 21⁄2 times more territory to cover and our part, now that we are about to au- was Ahmed Ressam in 1999, December has probably 10 percent of all the Bor- thorize the fund later tonight by adopt- of 1999, the millennium bomber, who der Patrol agents in the country. ing this amendment. came in through the northern border of I am sure this will be accepted by I ask when the vote is taken on this the United States. We don’t seem to be voice or we will have an overwhelming amendment that it be taken by the concerned about the northern border. vote because the absence of having an yeas and nays. What Senator SALAZAR’s and my overwhelming vote to make sure we The PRESIDING OFFICER. Is there a amendment simply does is to make protect our country indicates to me sufficient second? sure that we are, in fact, looking at all that the concern of some is not about There is a sufficient second. of our international borders and allo- protecting our country, the concern of The yeas and nays are ordered. cating the resources appropriately. some is that, in fact, they have a con- Mr. LIEBERMAN. I thank the Chair Now, unless this debate is about cern about who comes to this coun- and I yield the floor. something more than protecting the try—not because they seek to provide Mrs. MURRAY. Mr. President, I want United States, we should have a re- an act of terrorism, but because of who our colleagues to know we are trying sounding vote. Because if you are con- they are. So I think this will be a de- to work as diligently as possible to cerned about one terrorist coming fining moment in which we can collec- move forward at this time. The Sen- through a border, you should be con- tively work to protect our country, ator from New Jersey wants 10 minutes cerned about a border that is far more make sure we have the appropriate re- to speak, and after that I think we can porous, far greater in length; the one sources and allocations of them to the start moving on some of the amend- that actually has a history of having northern border as well as the southern ments. So I ask unanimous consent someone who sought to commit an act border, make sure that we fill up all of that the Senator from New Jersey to of violence within the United States our security gaps and, therefore, speak for 10 minutes. crossing that northern border—one strengthen the security of the country. The PRESIDING OFFICER. Is there that is totally undermanned in the In the absence of that, many of us will objection? context of protecting that border and, have to question what this debate has Without objection, it is so ordered. obviously, it means we have far greater really been about. Mr. MENENDEZ. Mr. President, I ap- numbers than the 69,000; at the same With that, I yield the floor. preciate my distinguished colleague time, one in which we have actually Mrs. MURRAY. Mr. President, I sug- from Washington State providing the seen the number of Border Patrol gest the absence of a quorum. time. agents decrease. We have a mandate in The PRESIDING OFFICER (Mr. I rise in strong support of the the 2004 Intelligence Reform and Ter- SANDERS). The clerk will call the roll. Salazar-Menendez amendment. I expect rorist Prevention Act that mandated The legislative clerk proceeded to from all of the voices I have heard in that the Canadian border receive in- call the roll. our debate about immigration as part creases in Border Patrol agents equal Mrs. MURRAY. Mr. President, I ask of this Homeland Security bill that we to 20 percent of the Border Patrol unanimous consent that the order for will have resounding support for this agents that exist. And, ultimately, we the quorum call be rescinded. amendment, because I know those who have seen a reduction during fiscal The PRESIDING OFFICER. Without want to protect the United States at year 2005–2006 in the total number of objection, it is so ordered. its border crossings are going to want Border Patrol agents by nearly 9 per- Mrs. MURRAY. Mr. President, I ask to protect all of its border crossings. cent. unanimous consent that at 8:30 this I have heard a lot about our chal- So we have a history of people cross- evening, the Senate proceed to vote in lenges along our southern border, but I ing the border, a history of the millen- relation to the following amendments have heard nothing about our chal- nium bomber. Yet we have a decrease in the order listed; that no amend- lenges along our northern border. In in Border Patrol agents who are on the ments be in order to any of the amend- that respect, I think it is important to northern border. You are either for ments in this agreement prior to the call the attention of the Senate to the protecting the country or you are not. vote; that there be 2 minutes of debate fact that over the last several years, By the way, if I were a terrorist, and I equally divided in the usual form prior according to official reports, the Con- wanted to get into the United States, to each vote: Lieberman amendment gressional Research Service tells us and the bottom line is that I know they No. 2407, Sanders amendment No. 2498, there have been nearly 69,000 individ- are going to put everybody down at the Salazar amendment No. 2516, and uals who have crossed over the north- southern border, guess what. I would be DeMint amendment No. 2481. ern border and, of course, that number coming through the northern border The PRESIDING OFFICER. Is there is small in comparison because we because with over 5,500 miles and with objection? don’t have the Border Patrol agents on only 965 total Border Patrol agents for Ms. LANDRIEU. Reserving the right the northern border to be dealing with three shifts around the clock for that to object. the interdictions that would be called whole stretch, that makes it a much The PRESIDING OFFICER. The Sen- for. greater percentage for me to be able to ator from Louisiana.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10095 Ms. LANDRIEU. Reserving the right the Salazar amendment—and that no amendment numbered 2422 to amendment to object, I ask the managers of the bill other amendments will be in order: No. 2383. if there is going to be another set of Lieberman amendment No. 2407, Sand- Mr. COBURN. Mr. President, I ask amendments on which we are going to ers amendment No. 2498, and DeMint unanimous consent that the reading of vote tonight. amendment No. 2481. the amendment be dispensed with. Mrs. MURRAY. Mr. President, I un- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without derstand that the Senator from Lou- objection? objection, it is so ordered. isiana and the Senator from Oklahoma Ms. LANDRIEU. Reserving the right The amendment is as follows: both would like to call up an amend- to object. (Purpose: To prohibit funding for no-bid ment, but in the intervening time be- The PRESIDING OFFICER. The Sen- earmarks) tween now and 8:30, we welcome talk- ator from Louisiana. At the appropriate place, insert the fol- ing with the Senators to set up some Ms. LANDRIEU. Mr. President, I lowing: time for those who want to call up would like to be added to the unani- SEC. ll. (a)(1)(A) None of the funds appro- their amendments to do so. mous consent request. I am very un- priated or otherwise made available by this Ms. LANDRIEU. Reserving the right clear as to whether there will be an ob- Act may be used to make any payment in jection to me offering an amendment. I connection with a contract awarded through to object, are there only two other a congressional initiative unless the con- amendments that are to come up? would like it added to the list. The tract is awarded using competitive proce- Mrs. MURRAY. No, there are a num- Senator from Mississippi said we don’t dures in accordance with the requirements of ber of amendments beyond the four I need unanimous consent to file my section 303 of the Federal Property and Ad- just mentioned. amendment. I want my amendment to ministrative Services Act of 1949 (41 U.S.C. The PRESIDING OFFICER. Is there be filed and will take a vote up or 253), section 2304 of title 10, United States objection to the request? down. Code, and the Federal Acquisition Regula- Mr. KYL. Mr. President, I object. Mrs. MURRAY. I add to the unani- tion. The PRESIDING OFFICER. Objec- mous consent I already put in place (B) Except as provided in paragraph (3), none of the funds appropriated or otherwise tion is heard. that following this order being put in made available by this Act may be used to Mr. KYL. Mr. President, might I take place, between now and 8:30 p.m. that make any payment in connection with a con- 30 seconds to explain why? I have no Senator COBURN and Senator LANDRIEU tract awarded through a congressional ini- objection to the text of the Salazar be allowed to call up their amendments tiative unless more than one bid is received amendment and have talked with Sen- and speak for 10 minutes each. for such contract. ator SALAZAR about it. My under- The PRESIDING OFFICER. Is there (2) Notwithstanding any other provision of standing is that it has the same rule objection to the request as modified? this Act, none of the funds appropriated or XVI germaneness objection to it that is Mr. MENENDEZ. Reserving the right otherwise made available by this Act may be awarded by grant or cooperative agreement being posited against an amendment of to object. through a congressional initiative unless the mine, which I think also is not objec- The PRESIDING OFFICER. The Sen- process used to award such grant or coopera- tionable. I want to make sure all ator from New Jersey. tive agreement uses competitive procedures amendments are treated the same that Mr. MENENDEZ. Is it the intention to select the grantee or award recipient. Ex- have the same objection to them. of the Senator from Washington—while cept as provided in paragraph (3), no such Mrs. MURRAY. Mr. President, if the I understand this is simply for the pur- grant may be awarded unless applications for Senator will withhold his objection, I poses of an order, are we expecting, re- such grant or cooperative agreement are re- inform him that when the Salazar gardless of the order, a vote to be ceived from two or more applicants that are amendment is pending before the Sen- called on the Salazar amendment? not from the same organization and do not share any financial, fiduciary, or other orga- ate, he will be able to offer a rule XVI Mrs. MURRAY. May I respond to the nizational relationship. point of order if he so wishes. Senator? Their amendment is one of (3)(A) If the Secretary of Homeland Secu- Mr. KYL. Mr. President, I understand the pending amendments. The yeas and rity does not receive more than one bid for a there was a unanimous consent request nays have been ordered on it. So before contract under paragraph (1)(B) or does not to consider the amendment. I was in this bill is finally adopted, their receive more than one application from unaf- the cloakroom at the time and had to amendment will be in order at some filiated applicants for a grant or cooperative come out. Perhaps I misunderstood. point. agreement under paragraph (2), the Sec- Mrs. MURRAY. The amendment will We are trying to move our way retary may waive such bid or application re- through, Mr. President, to the end of quirement if the Secretary determines that be called up for a vote, and a rule XVI the contract, grant, or cooperative agree- point of order could be raised at that this evening. The majority leader has ment is essential to the mission of the De- point on the amendment. We are sim- said we will finish this bill tonight. partment of Homeland Security. ply setting up these amendments to There are a number of amendments (b)(1) Not later than December 31, 2008, the consider at that time. that are pending. We hope to dispose of Secretary of Homeland Security shall sub- Ms. LANDRIEU. Reserving the right all of them before it gets too late this mit to Congress a report on congressional to object. evening. initiatives for which amounts were appro- The PRESIDING OFFICER. The Sen- I again ask unanimous consent as I priated during fiscal year 2008. said before. (2) The report submitted under paragraph ator from Arizona. (1) shall include with respect to each con- Mr. KYL. Mr. President, I registered The PRESIDING OFFICER. Is there tract and grant awarded through a congres- my objection, and I continue to do so, objection to the request as modified? sional initiative— but I am happy to try to work some- Without objection, it is so ordered. (A) the name of the recipient of the funds thing out. The Senator from Oklahoma. awarded through such contract or grant; Mr. COCHRAN. Mr. President, isn’t it AMENDMENT NO. 2442 TO AMENDMENT NO. 2383 (B) the reason or reasons such recipient true that we don’t have to have unani- Mr. COBURN. Mr. President, I thank was selected for such contract or grant; and mous consent to proceed to a vote? the chairman and appreciate her con- (C) the number of entities that competed This is all that is being asked. We are for such contract or grant. sideration in giving me an opportunity (3) The report submitted under paragraph not asking to adopt these amendments, to call up an amendment even though (1) shall be made publicly available through but we are simply setting up an order we are not going to debate it. We will the Internet website of the Department of and a time for the voting to begin. I put it in the pending file. I understand Homeland Security. just didn’t want anybody to misunder- that. I thank her for her courtesy. (c) In this section: stand what is being asked. I ask that the pending amendment be (1) The term ‘‘congressional initiative’’ The PRESIDING OFFICER. The Sen- set aside and that amendment No. 2442 means a provision of law or a directive con- ator from Washington. be brought up. tained within a committee report or joint Mrs. MURRAY. Mr. President, I restatement of managers of an appropriations The PRESIDING OFFICER. Without Act that specifies— vise my unanimous consent request: objection, the clerk will report. (A) the identity of a person or entity se- that at 8:30 this evening, the Senate The legislative clerk read as follows: lected to carry out a project, including a de- proceed to vote in relation to the fol- The Senator from Oklahoma [Mr. COBURN], fense system, for which funds are appro- lowing amendments—we will remove for himself and Mr. DEMINT, proposes an priated or otherwise made available by that

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10096 CONGRESSIONAL RECORD — SENATE July 26, 2007 provision of law or directive and that was build the schools faster, better; not at national database inventorying available not requested by the President in a budget greater expense to the taxpayer but a shelters, that can be shared with States and submitted to Congress; and better way to deal with this cata- local governments. (c) COST-BENEFIT ANALYSIS.— (B) the amount of the funds appropriated strophic disaster. or otherwise made available for such project. (1) IN GENERAL.—The Administrator of the (2) The term ‘‘executive agency’’ has the However, if this amendment I am of- Federal Emergency Management Agency, in meaning given such term in section 4 of the fering right now does not pass, there consultation with the heads of appropriate Office of Federal Procurement Policy Act (41 will be one school that is left out of Federal agencies with responsibilities under U.S.C. 403). this fix, and that is why I offer it, on the National Response Plan or any successor Mr. COBURN. Mr. President, this is a behalf of a very small parish in south plan, shall conduct an analysis comparing the costs, benefits, and health and safety fairly simple amendment. I plan on of- Louisiana, a school I happened to visit, a school that thought they had one concerns of evacuating individuals with spe- fering this on every appropriations bill. cial needs during an emergency or major dis- What it says to the American people is agreement with FEMA but, evidently, aster, as compared to the costs, benefits, and we know we are going to do certain there was a great misunderstanding. safety concerns of sheltering such people in things to send projects home. What This school has 500 children who go the area they are located when that emer- this says is if you do that, then there here, and they have had a very difficult gency or major disaster occurs. ought to be a competitive bid on the time over the last 2 years, so I offer (2) CONSIDERATIONS.—In conducting the project rather than a sweetheart deal this amendment for them. It is ex- analysis under paragraph (1), the Adminis- trator of the Federal Emergency Manage- to wherever it is going. tremely small, when compared to all the amendments my colleagues are of- ment Agency shall consider— It is a very simple amendment. It (A) areas with populations of not less than says if we are going to send something fering, but it would help them to get 20,000 individual needing medical assistance home through an earmark, then the their small school district back up and or lacking the ability to self evacuate; process of expending that money ought running. That is the essence of what (B) areas that do not have an all hazards to be on a competitive bid basis so we the amendment does. As I say, it will resistance shelter; and get good value for the American tax- affect basically one school in New Ibe- (C) the health and safety of individuals payer—no cost-plus, just competitively ria Parish. with special needs. bid. Mr. President, I yield the floor. (3) TECHNICAL ASSISTANCE.—The Adminis- With that, I reserve my debate for a The PRESIDING OFFICER. Without trator of the Federal Emergency Manage- objection, the pending amendment is ment Agency shall, as appropriate, provide later time and yield the floor. technical assistance to States and local gov- Mrs. MURRAY. I suggest the absence laid aside and the clerk will report. ernments in developing and exercising evac- of a quorum. The legislative clerk read as follows: uation and sheltering plans, which identify The PRESIDING OFFICER. The The Senator from Louisiana [Ms. and use regional shelters, manpower, logis- clerk will call the roll. LANDRIEU] proposes an amendment num- tics, physical facilities, and modes of trans- The legislative clerk proceeded to bered 2525 to amendment No. 2383. portation to be used to evacuate and shelter call the roll. Ms. LANDRIEU. Mr. President, I ask large groups of people. Ms. LANDRIEU. Mr. President, I ask unanimous consent to dispense with (d) DEFINITIONS.—In this section, the terms unanimous consent that the order for ‘‘emergency’’ and ‘‘major disaster’’ have the the reading of the amendment. meanings given those terms in section 102 of the quorum call be rescinded. The PRESIDING OFFICER. Without ther Robert T. Stafford Disaster Relief and The PRESIDING OFFICER. Without objection, it is so ordered. Emergency Assistance Act (42 U.S.C. 5122). objection, it is so ordered. The amendment is as follows: AMENDMENT NO. 2407 AMENDMENT NO. 2525 TO AMENDMENT NO. 2383 (Purpose: To require regional evacuation and Ms. COLLINS. Mr. President, shortly Ms. LANDRIEU. Mr. President, I ask sheltering plans) the Senate will vote on an amendment unanimous consent to send an amend- On page 69, after line 24, add the following: Senator LIEBERMAN and I have offered ment to the desk. SEC. 536. EVACUATION AND SHELTERING. to provide $100 million in badly needed The PRESIDING OFFICER. Without (a) REGIONAL EVACUATION AND SHELTERING funding for a new emergency commu- objection, it is so ordered. PLANS.— nications grant program. This program Ms. LANDRIEU. Mr. President, in (1) IN GENERAL.—Not later than 360 days is about to be authorized in the Home- the underlying bill, which makes a tre- after the date of enactment of this Act, the land Security bill we have recently Administrator of the Federal Emergency mendous amount of progress, in my completed the conference negotiations opinion, with protecting the home- Management Agency, in coordination with the heads of appropriate Federal agencies on, and which I anticipate will be land—increasing funding for port secu- with responsibilities under the National Re- cleared either tonight or tomorrow rity, transportation, et cetera, and I sponse Plan or any successor plan, States, morning. have said publicly and privately my local governments, and appropriate non- When we look at the needs of our great thanks, on behalf of the people of governmental organizations, shall develop first responders, interoperability of Louisiana whom I represent, to the and submit to Congress, regional evacuation communications equipment is at the leaders managing this bill—in the un- and sheltering plans that— top of their list. We saw on 9/11 that derlying bill, there is a provision that (A) are nationally coordinated; firefighters, police officers, and emer- some of us have worked very hard on to (B) incorporate all appropriate modes of transportation, including interstate rail, gency medical personnel lost their help expedite the rebuilding of schools commercial rail, commercial air, military lives because of an inability to commu- in the gulf coast area. air, and commercial bus; nicate due to incompatible equipment. As you know, 2 years this August is (C) clearly define the roles and responsibil- We saw it again in the aftermath of the anniversary of Katrina and Rita. ities of Federal, State, and local govern- Hurricane Katrina, where police could Literally hundreds of schools were de- ments in the evacuation plan; and not communicate with firefighters, stroyed. As I said a thousand times on (D) identify regional and national shelters who could not communicate with emer- this floor and will continue to say, the capable of housing evacuees and victims of gency medical personnel. Federal Government was simply over- an emergency or major disaster in any part Unfortunately, achieving interoper- whelmed by the catastrophic nature of of the United States. ability is an expensive, lengthy, and (2) IMPLEMENTATION.—After developing the this event, the scope of which had plans described in paragraph (1), the Admin- difficult process, and it is one our never been seen. So I offer this amend- istrator of the Federal Emergency Manage- State and local governments need as- ment, and send one to the desk that I ment Agency and the head of any Federal sistance in meeting. The proposal Sen- am speaking of now to help fix one agency with responsibilities under those ator LIEBERMAN and I have put forth is very small problem with actually one plans shall take necessary measures to be a pretty modest proposal. The Home- school. able to implement those plans, including land Security conference report au- The underlying bill sets up a proc- conducting exercises under such plans as ap- thorizes a $400 million program. The ess—and I am very grateful to the com- propriate. budget resolution did as well for this (b) NATIONAL SHELTERING DATABASE.—The mittee, Republicans and Democrats, Administrator of the Federal Emergency year. What we are asking for is a mod- who supported a new process—and ac- Management Agency, in coordination with est downpayment of $100 million. It is tually FEMA was very helpful in sup- States, local governments, and appropriate offset by a modest reduction in other porting a new process—to help us re- nongovernmental entities, shall develop a accounts.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10097 Let me say that this amendment emergency communications systems. The well as funding for purchase and installation does have the strong support of our issue was not only interoperability but also of the equipment necessary to utilize the first responder community. It has been operability. Due to the lack of operable available spectrum. At present, substantial endorsed by the International Associa- emergency communications systems, com- action remains to be taken by the federal mand and control of the disasters was almost tion of Fire Chiefs, the Congressional government on both fronts, and Title III of non-existent. S. 4 will make a positive contribution by au- Fire Services Institute, the Inter- Five years after September 11, 2001 APCO thorizing over $3 billion for the Emergency national Association of Firefighters, International finds that, while there have Communications Operable and Interoperable the International Association of Chiefs been significant accomplishments to report Grants program. on issues affecting public safety communica- of Police, and the Association of Public Furthermore, the IAFC supports the crit- Safety Communications Officials Inter- tions, there is also a disturbing lack of progress. Multiple nationwide surveys indi- ical infrastructure provisions set forth in national. cate there are significant shortfalls in com- Title X of the Improving America’s Security Mr. President, I ask unanimous con- munications operability and interoperability Act. The IAFC looks forward to working to- sent that endorsement letters from in many regions and locales with many con- wards Title X’s critical infrastructure goals those organizations be printed in the tributing factors. The lessons learned from 9/ through the partnership model currently re- RECORD. 11 and Hurricanes Katrina and Rita for emer- flected in the National Infrastructure Pro- There being no objection, the mate- gency communications are simple. Be pre- tection Plan (NIPP). In particular, we be- rial was ordered to be printed in the pared. Preparedness, planning and training lieve that ensuring adequate protection for human elements—as well as physical and RECORD, as follows: are the key elements to achieving operability and interoperability during day-to- cyber elements—will be an essential part of INTERNATIONAL ASSOCIATION the critical infrastructure protection efforts  day activities and disasters. OF FIRE FIGHTERS , Preparedness involves planning and imple- carried out by the fire service under this Washington, DC, July 26, 2007. menting current and effective technology so- title. Hon. JOSEPH LIEBERMAN, lutions. Preparedness involves coordination Finally, the IAFC strongly believes that U.S. Senate, and mutual aid agreements with surrounding however grant reform measures (such as Washington, DC. jurisdictions, state and federal government those described in Title II) are resolved in Hon. SUSAN COLLINS, agencies. Preparedness involves making sure this legislation, the final product should pre- U.S. Senate, your personnel and equipment are able to serve the all-hazards nature of the FIRE and Washington, DC. function during any emergency and meet the SAFER Act grant programs. These programs DEAR SENATOR LIEBERMAN AND SENATOR unexpected challenges that may arise at any were created with an emphasis on equipping COLLINS: On behalf of the nation’s more than time. Preparedness is making sure the daily the fire service with the tools, equipment, 280,000 professional fire fighters and emer- operations of the emergency communica- training, staff, and other resources needed to gency medical personnel, I am writing to ex- tions center are adaptable to any unexpected respond effectively to all types of emer- press our support for your amendment to the situation. Preparation also includes ade- gencies—whether natural or man-made, 2008 Homeland Security Appropriations Act quate funding for planning and operations. for Fiscal Year 2008 providing $100 million for We strongly believe this amendment will great or small. In its present form, section grants to improve emergency communica- provide the funding needed to vastly enhance 2002(c) of the Improving America’s Security tions. our Nation’s operability and interoperable Act fully protects the FIRE and SAFER Act The Department of Homeland Security’s emergency communications systems and we grant programs, and any changes to the 2006 National Interoperability Baseline Sur- hope that your Senator can support this grant reform section should preserve section vey found that first responder agencies have amendment. 2002(c) as it is currently written. made some progress towards achieving inter- As the primary fire service leadership or- operability. However, the failure of emer- INTERNATIONAL ASSOCIATION ganization in the United States, the IAFC gency personnel to communicate with each OF FIRE CHIEFS, would like to thank you and your dedicated other along the Gulf Coast in the wake of Fairfax, VA, Mar. 2, 2007. staff for your work thus far on S. 4. The Hurricane Katrina provides a stark example Hon. JOSEPH LIEBERMAN, IAFC stands ready to provide you with infor- of just how much work remains to ensure Chairman, Committee on Homeland Security mation and support as the Improving Amer- that first responders have adequate commu- and Governmental Affairs, U.S. Senate, ica’s Security Act of 2007 moves forward in nications capabilities in emergencies. Dirksen Senate Office Building, Wash- the legislative process. The new grant program dedicated to im- ington, DC. Sincerely, proving first responder communications, es- DEAR CHAIRMAN LIEBERMAN: On behalf of CHIEF JAMES B. HARMES, tablished in the 9/11 Commission Act, will the nearly 13,000 chief fire and emergency of- CFO, President. help states achieve this critical goal. By per- ficers of the International Association of mitting funds to be used to assist with a va- Fire Chiefs (IAFC), I would like to express JUNE 7, 2007. riety of activities, including activities to our support for several major provisions in- Hon. JOSEPH I. LIEBERMAN, achieve basic operability, this new program cluded in S. 4, the Improving America’s Se- will enable states and regions to overcome curity Act of 2007. I appreciate the hard work Chairman, Committee on Homeland Security their own unique communications chal- and dedication your committee has put into and Governmental Affairs, U.S. Senate, lenges, and ensure a solid foundation upon this legislation, and I urge the Senate to Washington, DC. which to build an interoperable communica- move expeditiously towards its passage. Hon. SUSAN COLLINS, tions network. The IAFC is proud to endorse the informa- Ranking Member, Committee on Homeland Se- The ability of first responders to commu- tion sharing programs outlined in Title I of curity and Governmental Affairs U.S. Sen- nicate with each other, as well as with state the bill. These programs, which include ate, Washington, DC. and federal authorities, is integral to any ef- guidelines to help integrate the fire service DEAR CHAIRMAN LIEBERMAN AND RANKING fective, coordinated emergency response. into fusion centers and a fellowship program MEMBER COLLINS: On behalf of our organiza- The Lieberman-Collins amendment will pro- designed to improve the exchange of intel- tions, we urge you to consider the following vide a down payment on our commitment to ligence data between government entities, help America’s first responders communicate issues as conference negotiations on H.R. 1, constitute a significant step forward in our the Implementing the 9/11 Commission Rec- during an emergency. nation’s homeland security efforts. By ensur- Thank you for your leadership on this vital ommendations Act, and S. 4, the Improving ing that fire departments and other emer- America’s Security Act get underway. Indi- issue and your continued strong support of gency response providers participate directly our nation’s fire fighters. vidually and collectively, we appreciate the in fusion centers, Title I will open new doors support you have shown for the fire and Sincerely, for nontraditional information gathering, HAROLD A. SCHAITBERGER, emergency services through your work on enhanced capabilities assessments, and bet- this critical homeland security legislation. General President. ter coordination between the fire service and law enforcement in planning for and respond- Over the past sereral years, the question of [From the APCO International] ing to major disasters. Simply put, these how homeland security grant funding should APCO SUPPORTS LIEBERMAN-COLLINS COMMU- changes will make our information sharing be distributed has been an extremely conten- NICATIONS INTEROPERABILITY AMENDMENT programs more effective and our country tious issue. While we do not have a position The Association of Public-Safety Commu- safer. on how this matter should be resolved, we do nications Officials (APCO) International sup- Additionally, the IAFC strongly supports ask that you make sure that the FIRE and ports Senators Lieberman and Collins’s the operable and interoperable communica- SAFER Act grant programs are not affected amendment to appropriate $100 million for a tions programs defined in Title III. The IAFC by reforms included in the conference report. new Interoperable Communications Grant is working with partners in public safety on The FIRE and SAFER Act grant programs Program. numerous fronts to strengthen the voice and were created with an emphasis on equipping Since 2002, our nation has had to overcome data communications capabilities of first re- the fire service with the tools, equipment, the devastation caused by Hurricanes sponders throughout the United States. Ac- training, staffing, and other resources need- Katrina and Rita on the Gulf Coast, which complishing this goal requires adequate ed to respond effectively to all types of showed the operational vulnerability of spectrum for responders to communicate, as emergencies—whether natural or man-made,

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10098 CONGRESSIONAL RECORD — SENATE July 26, 2007 great or small. Section 2002 of each bill fully INTERNATIONAL ASSOCIATION The PRESIDING OFFICER. Without protects these programs, and any com- OF FIRE FIGHTERS, objection, it is so ordered. promise grant reform section should preserve Washington, DC, February 13, 2007. There are now 2 minutes equally di- these safeguards. Hon. JOSEPH LIEBERMAN, vided prior to a vote on the Lieberman Hon. SUSAN COLLINSm, A second issue of critical importance to Committee on Homeland Security and Govern- amendment. The Senator from Wash- the fire service is the ability to commu- mental Affairs, U.S. Senate, Washington, ington. nicate effectively. As you know, first life re- DC. Mrs. MURRAY. Mr. President, I sponders throughout the United States are DEAR CHAIRMAN LIEBERMAN AND RANKING would like to inform the Senate that I currently facing major challenges in the MEMBER COLLINS: On behalf of the nation’s believe both sides are in agreement area of wireless communications. Fortu- more than 280,000 professional fire fighters that the Lieberman amendment is ac- nately, both H.R. 1 and S. 4 create new grant and emergency medical personnel, I applaud cepted. I ask unanimous consent to vi- you for your efforts to implement the rec- programs designed to help address this prob- tiate the yeas and nays on the lem. In crafting the final version of the com- ommendations of the 9/11 Commission. We are especially grateful that you included in Lieberman amendment. munications grant program, we ask you to your proposal provisions to reform our na- The PRESIDING OFFICER. Is there retain the $3.3 billion authorization total in- tion’s Homeland Security Grant Program objection? Without objection, it is so cluded in S. 4, ensure that funding is avail- and enhance first responder communica- ordered. able for both operable and interoperable tions. Mr. LIEBERMAN. Mr. President, communications projects, and build in flexi- The establishment of the new grant pro- may I first thank Senator MURRAY, bility allowing funding to be used for sys- gram dedicated to improving communica- Senator COCHRAN, and our colleagues tems in a wide range of operating fre- tions operability and interoperability is for their support. This is an important quencies. Furthermore, we urge you to en- vital to protecting the health and safety of amendment. It is a bipartisan amend- sure that these grants utilize the Depart- our nation’s fire fighters. Permitting funds ment of Homeland Security’s SAFECOM to be used to assist with a variety of activi- ment. The Homeland Security appro- grant guidance and fund all of the areas de- ties, including activities to achieve basic priations bill could not have funded the operability, will enable states and regions to fined in the SAFECOM ‘‘Interoperability Emergency Grant Program set up by overcome their own unique communications Continuum,’’ including governance. the 9/11 bill, which we have not passed challenges. yet, so I appreciate very much their In addition to seeking progress on the Provisions ensuring that states provide support. This amendment is supported issues above, the first responder community local governments and first responders also wishes to see a well-prepared private homeland security funding in an expedited by almost all of the first responder sector that will voluntarily take its share of manner, and permitting a portion of funds to groups—firefighters, police officers, responsibility for emergency preparedness be used for the payment of overtime and volunteer firefighters, et cetera—be- backfill costs will allow communities to and business continuity. The voluntary pri- cause they desperately need funding to take full advantage of this invaluable federal vate sector preparedness program outlined in help them make their communication assistance. systems interoperable. S. 4, which relies on standards such as the The Improving America’s Security Act NFPA 1600 Standard on Disaster/Emergency also demonstrates your strong commitment Thanks to our colleagues on both Management and Business Continuity Pro- to America’s fire service. By guaranteeing sides. Senator COLLINS and Senator grams, would enable our nation to better that members of the fire service are involved MCCASKILL and I join in those thank protect lives and property. This initiative in local planning to determine effective yous. complements other first responder disaster funding priorities, and by maintaining FIRE I urge the adoption of the amend- and emergency preparedness plans and is and SAFER grants as separate and distinct ment. critical for a robust homeland security pol- programs, you properly ensure that Amer- The PRESIDING OFFICER (Mr. DUR- icy. Accordingly, we believe that the Senate- ica’s fire service will continue to receive BIN). If there is no further debate, the passed language should be retained in the funding to fulfill its vital role in local emer- question is on agreeing to the amend- gency preparedness. conference report. Thank you for your leadership on these ment. Finally, we strongly urge you not to in- vital issues. We appreciate your willingness The amendment (No. 2407) was agreed clude provisions in the conference report to work closely with the IAFF in developing to. that would establish new federal mandates the Improving America’s Security Act, and Mr. LIEBERMAN. Mr. President, I for re-routing of hazardous materials around look forward to continuing our work to- move to reconsider the vote. urban areas. While we understand that local gether on behalf of our nation’s emergency Mrs. MURRAY. I move to lay that re-routing may be necessary on a case-by- response personnel. motion on the table. case basis, federal mandatory re-routing reg- Sincerely, The motion to lay on the table was BARRY KASINITZ, ulations would create additional dangers by agreed to. Director, Governmental Affairs. shifting hazardous materials to rural areas AMENDMENT NO. 2498 Ms. COLLINS. Mr. President, again, I that may not be as well-staffed or equipped Mrs. MURRAY. What is the pending to deal with an incident. In addition, re-rout- hope our colleagues will take a hard look at this amendment and will decide amendment? ing hazardous materials would keep them in The PRESIDING OFFICER. The it warrants their support to address transit for a longer amount of time, which pending business before the Senate one of the major problems that has would increase the risk and the potential for under the unanimous consent agree- hampered emergency response, dean incident to occur. Larger, urban fire de- ment is the Sanders amendment, on partments are generally in a better position creased the effectiveness of those who which there are 2 minutes equally di- to handle these incidents, because they have are putting their lives on the line, and vided. more specialized equipment and other re- truly can be a matter of life and death. sources. Let me end my comments by ap- Who yields time? The Senator from Vermont is recognized. Again, thank you for your attention to plauding, nevertheless, the Homeland Security Appropriations Subcommittee Mr. SANDERS. Mr. President, what these pressing homeland security issues. the H–2B program provides is that Should you have questions or desire addi- for their hard work. Senator BYRD, guest workers may come into this tional information as you move through the Senator MURRAY, and Senator COCHRAN country on a temporary basis if no conference process, please do not hesitate to have done a terrific job on a very dif- contact Kevin King. ficult issue, but this is an attempt to qualified U.S. worker is available for Sincerely, make their good work even better. that position and that the wages paid CHIEF JAMES B. HARMES, I thank the Chair. to H–2B employees do not adversely CFO, President, IAFC. Mrs. MURRAY. Mr. President, I sug- impact U.S. wages and working condi- THOMAS FEE, gest the absence of a quorum. tions. Unfortunately, the Department President, IAAI. The PRESIDING OFFICER. The of Homeland Security and the Depart- JAMES M. SHANNON, ment of Labor have proposed regula- President, NFPA. clerk will call the roll. The legislative clerk proceeded to tions that would eliminate the labor CHIEF PHILIP C. STITTLEBURG, call the roll. certification process and move toward Chairman, National Mrs. MURRAY. Mr. President, I ask a process which has virtually no en- Volunteer Fire unanimous consent the order for the forcement mechanisms and which sim- Council. quorum call be rescinded. ply takes the employer’s word as to

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This I believe the Senators on this side are will not have to deal with it on the amendment is supported by Senator ready to accept this amendment, and if next bill that we will be considering to- FEINGOLD as well. the Senator wants a voice vote, we are night, the 9/11 Commission. So with The PRESIDING OFFICER. Who more than happy to do it. that I will be voting aye. I urge adop- yields time in opposition? Mr. DEMINT. Mr. President, I would tion. One minute is allowed under the like the yeas and nays. The PRESIDING OFFICER. The unanimous consent agreement. The PRESIDING OFFICER. The yeas Is the time yielded back? In the opin- question is on agreeing to the amend- and nays were previously ordered. Who ion of the Chair, the time is yielded ment. The yeas and nays have been or- yields time? Two minutes is allowed. back. dered. The question is on agreeing to the Mrs. MURRAY. Mr. President, I The clerk will call the roll. amendment. The yeas and nays have could not hear the Senator. The assistant legislative clerk called been ordered. Mr. DEMINT. I have asked for the the roll. The clerk will call the roll. yeas and nays. Mr. DURBIN. I announce that the The legislative clerk called the roll. The PRESIDING OFFICER. The Sen- Senator from Connecticut (Mr. DODD), Mr. DURBIN. I announce that the ator from South Carolina. the Senator from South Dakota (Mr. Senator from Connecticut (Mr. DODD), Mr. DEMINT. Mr. President, over the JOHNSON), and the Senator from Illi- the Senator from South Dakota (Mr. last year this body has taken a strong nois (Mr. OBAMA), are necessarily ab- JOHNSON), and the Senator from Illi- bipartisan stand to make our ports sent. nois (Mr. OBAMA) are necessarily ab- more secure. After the Department of Mr. LOTT. The following Senators sent. Homeland Security established regula- are necessarily absent: the Senator Mr. LOTT. The following Senators tions to bar felons from the secure from Kansas (Mr. BROWNBACK), the are necessarily absent: the Senator areas of our ports, the Senate passed Senator from Minnesota (Mr. COLE- from Kansas (Mr. BROWNBACK), the an amendment by 94 votes to codify MAN), and the Senator from Arizona Senator from Minnesota (Mr. COLE- that regulation into law. (Mr. MCCAIN). MAN), and the Senator from Arizona These regulations are very similar to Further, if present and voting, the (Mr. MCCAIN). the ones we use at our airports. Unfor- Senator from Minnesota (Mr. COLEMAN) Further, if present and voting, the tunately, our strong stand on the Sen- would have voted ‘‘yea.’’ Senator from Minnesota (Mr. COLEMAN) ate floor was diluted in conference with The result was announced—yeas 93, would have voted ‘‘no.’’ the House. nays 1, as follows: The PRESIDING OFFICER. Are there My amendment would prohibit the [Rollcall Vote No. 281 Leg.] any other Senators in the Chamber de- Secretary of the Department of Home- YEAS—93 siring to vote? land Security from using any funds ap- The result was announced—yeas 51, Akaka Domenici McCaskill propriated in this bill from being used Alexander Dorgan McConnell nays 43, as follows: to delete or modify any of the lists of Allard Durbin Menendez [Rollcall Vote No. 280 Leg.] felonies in the regulation. Barrasso Ensign Mikulski YEAS—51 I would encourage all of my col- Baucus Enzi Murkowski Bayh Feingold Murray Akaka Feinstein Nelson (FL) leagues to be consistent and vote again Bennett Feinstein Nelson (FL) Baucus Harkin Nelson (NE) yes for this bill. Biden Graham Nelson (NE) Bayh Inouye Pryor The PRESIDING OFFICER. Who Bingaman Grassley Pryor Biden Kennedy Reed Bond Gregg Reed Bingaman Kerry Reid yields time? Boxer Hagel Reid Boxer Klobuchar Rockefeller Mr. BYRD. Mr. President, we didn’t Brown Harkin Roberts Brown Kohl Salazar hear what the Senator said. Does the Bunning Hatch Rockefeller Byrd Landrieu Sanders Senator want to say it again? Burr Hutchison Salazar Cantwell Lautenberg Schumer Byrd Inhofe Sanders Cardin Leahy Sessions The PRESIDING OFFICER. The Sen- Cantwell Inouye Schumer Carper Levin Specter ator from South Carolina. Cardin Isakson Sessions Casey Lieberman Stabenow Carper Kennedy Shelby Clinton Lincoln Tester Mr. DEMINT. Am I correct in that I have another minute to do the same Casey Kerry Smith Conrad McCaskill Voinovich Chambliss Klobuchar Snowe Dorgan Menendez Webb thing again? Clinton Kohl Stabenow Durbin Mikulski Whitehouse The PRESIDING OFFICER. The Sen- Coburn Kyl Stevens Feingold Murray Wyden ator can summarize. Cochran Landrieu Sununu NAYS—43 Collins Lautenberg Tester Mr. DEMINT. I can summarize. Conrad Leahy Thune Alexander DeMint Lugar Thank you, Mr. President. I thank the Corker Levin Vitter Allard Dole Martinez Cornyn Lieberman Voinovich Barrasso Domenici Senator for demanding order. McConnell This is a very important amendment. Craig Lincoln Warner Bennett Ensign Murkowski Crapo Lott Webb Bond Enzi Roberts There is no need to spend billions of DeMint Lugar Whitehouse Bunning Graham Shelby dollars keeping our ports secure if we Dole Martinez Wyden Burr Grassley Smith are going to allow serious felons to Chambliss Gregg Snowe NAYS—1 Coburn Hagel work there. We all know that. We Stevens Specter Cochran Hatch Sununu voted already, 94 to 2, for this exact Collins Hutchison Thune same provision, only in an appropria- NOT VOTING—6 Corker Inhofe Cornyn Isakson Vitter tions bill. In order not to attract rule Brownback Dodd McCain Craig Kyl Warner XVI, this is just to prohibit the use of Coleman Johnson Obama Crapo Lott funds in eliminating or deleting or The amendment (No. 2498) was agreed NOT VOTING—6 changing any of the list of felonies for to. Brownback Dodd McCain 1 year. Mr. COCHRAN. I move to reconsider Coleman Johnson Obama I encourage my colleagues to vote the vote by which the amendment was The amendment (No. 2498) was agreed yes. agreed to. to. Mrs. MURRAY. Mr. President, I ex- Mrs. MURRAY. I move to lay that Mr. COCHRAN. Mr. President, I move pect that most of the Members on our motion on the table. to reconsider the vote and lay that mo- side will be voting for this. We had The motion to lay on the table was tion on the table. been willing to accept it without a agreed to.

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AMENDMENT NO. 2442 At the end, add the following (A) register employers in States with em- Mrs. MURRAY. Mr. President, I be- SECTION 1. BORDER SECURITY REQUIREMENTS ployer verification requirements; lieve we now have agreement on the FOR LAND AND MARITIME BORDERS (B) respond to inquiries by employers; and Coburn amendment No. 2442 that is OF THE UNITED STATES. (C) enter into memoranda of understanding (a) OPERATIONAL CONTROL OF THE UNITED with States to ensure responses to subpara- pending. I believe we have agreed to ac- STATES BORDERS.—The President shall en- graphs (A) and (B); and cept that amendment. sure that operational control of all inter- (3) develop policies and procedures to en- The PRESIDING OFFICER (Mr. national land and maritime borders is sure protection of the privacy and security WEBB). Without objection, the amend- achieved. of personally identifiable information and ment is now pending. (b) ACHIEVING OPERATIONAL CONTROL.—The identifiers contained in the basic pilot pro- Is there further debate on the amend- Secretary of Homeland Security shall estab- gram, including appropriate privacy and se- ment? lish and demonstrate operational control of curity training for State employees. If not, the question is on agreeing to 100 percent of the international land and (4) ensure that the Office for Civil Rights maritime borders of the United States, in- and Civil Liberties of the Department of Jus- the amendment. cluding the ability to monitor such borders tice has sufficient capacity to conduct audits The amendment (No. 2442) was agreed through available methods and technology. of the Federal Government’s Employment to. (1) STAFF ENHANCEMENTS FOR BORDER PA- Eligibility Verification System to assess em- Mr. COCHRAN. I move to reconsider TROL.—The United States Customs and Bor- ployer compliance with System require- the vote. der Protection Border Patrol may hire, ments, including the applicable Memo- Mrs. MURRAY. I move to lay that train, and report for duty additional full- randum of Understanding. motion on the table. time agents. These additional agents shall be Mrs. MURRAY. Mr. President, I be- The motion to lay on the table was deployed along all international borders. lieve both sides have agreed to this (2) STRONG BORDER BARRIERS.—The United agreed to. States Customs and Border Protection Bor- amendment, and we do not have fur- Mrs. MURRAY. Mr. President, for the der Patrol may: ther debate. I believe we are ready to information of all Senators, as the ma- (A) Install along all international borders vote. jority leader said, we are going to go to of the United States vehicle barriers; The PRESIDING OFFICER. Is there final passage tonight no matter what it (B) Install along all international borders further debate on the Kyl amendment? takes. We are working our way through of the United States ground-based radar and If not, the question is on agreeing to the amendments. cameras; the amendment, as modified. I am going to proceed to two amend- (C) Deploy for use along all international The amendment (No. 2518), as modi- borders of the United States unmanned aer- fied, was agreed to. ments that I believe are agreed upon by ial vehicles. and the supporting systems for Senator SALAZAR and Senator KYL that such vehicles; Mrs. MURRAY. I move to reconsider I believe will be adopted by voice vote. (c) PRESIDENTIAL PROGRESS REPORT.— the vote. Ms. LANDRIEU. Reserving the right (1) IN GENERAL.—Not later than 90 days Mr. COCHRAN. I move to lay that to object. after the date of enactment of this Act, and motion on the table. Mrs. MURRAY. I have not made a every 90 days thereafter, the President shall The motion to lay on the table was unanimous consent request, I would submit a report to Congress detailing the agreed to. say. progress made in funding, meeting or other- Mrs. MURRAY. Mr. President, I be- wise satisfying each of the requirements de- lieve we now move to Senator We are working with the Senator scribed under paragraphs (1) and (2). from Louisiana, Ms. LANDRIEU, on an SALAZAR’s amendment. (2) PROGRESS NOT SUFFICIENT.—If the Presi- The PRESIDING OFFICER. The amendment she intends to offer. Mean- dent determines that sufficient progress is while, we are working to put together not being made, the President shall include question is on agreeing to the Salazar a final package of agreed-upon amend- in the report required under paragraph (1) amendment, as modified. The amendment (No. 2516), as modi- ments that will take us about 20 min- specific funding recommendations, author- fied, was agreed to. utes to put together. Hopefully, at that ization needed, or other actions that are or Mrs. MURRAY. I move to reconsider time we will have a vote on final pas- should be undertaken by the Secretary of Homeland Security. the vote. sage. So I would like all Senators to SEC. 2. APPROPRIATIONS FOR SECURING LAND Mr. COCHRAN. I move to lay that know we are going to work our way AND MARITIME BORDERS OF THE motion on the table. through several amendments over the UNITED STATES. The motion to lay on the table was next 20 minutes or half hour and, hope- Any funds appropriated under this Act agreed to. fully, be at a point where we can move shall be used to ensure operational control is Mrs. MURRAY. Mr. President, I ask to final passage on this bill. achieved for all international land and maritime borders of the United States. unanimous consent that amendment Mr. President, with that, we now No. 2419 be withdrawn. have an agreement on both the Salazar The PRESIDING OFFICER. The The PRESIDING OFFICER. The and Kyl amendments. I send both—— clerk will report the Kyl amendment, amendment is not pending. Ms. LANDRIEU. Reserving the right as modified. Mrs. MURRAY. Mr. President, for the to object. The legislative clerk read as follows: information of all Senators, we are now The PRESIDING OFFICER. Can we The Senator from Washington, [Mrs. MUR- working with the Senator from Lou- have order in the Chamber. RAY], for Mr. KYL, for himself and Mr. MAR- isiana who has an amendment that is Ms. LANDRIEU. Reserving the right TINEZ, proposes an amendment numbered 2518, as modified, to amendment No. 2383. pending, on how we are going to dis- to object. pose of that. We will work that out Mrs. MURRAY. Mr. President, just to The PRESIDING OFFICER. Without over the next several minutes. We have notify the Senator, I have not asked objection, reading of the amendment is a number of other amendments we for unanimous consent. I say to the dispensed with. have been working with Senators on Senator, we will get to her amendment. The amendment, as modified, is as that I believe will be agreed upon on all follows: AMENDMENTS NOS. 2516, AS MODIFIED; AND 2518, sides. Again, our staffs are working AS MODIFIED At the appropriate place, insert the following: diligently. I expect it will take them Mr. President, we now have an agree- SEC. ll. IMPROVEMENTS TO THE EMPLOYMENT the next 15 or 20 minutes. At that time, ment on both the Salazar and Kyl ELIGIBILITY VERIFICATION BASIC we hope to have all the amendments amendments. I send both amendments PILOT PROGRAM. before the Senate and move to final to the desk, as modified, and ask unan- Of the amounts appropriated for border se- passage on this bill. imous consent that they be considered curity and employment verification im- With that, Mr. President, I suggest en bloc. provements under section 1003 of Division B, the absence of a quorum. The PRESIDING OFFICER. Is there $60,000,000 shall be made available to— The PRESIDING OFFICER. The objection? (1) ensure that State and local programs clerk will call the roll. have sufficient access to, and are sufficiently Without objection, it is so ordered. coordinated with, the Federal Government’s The assistant legislative clerk pro- Without objection, amendment No. Employment Eligibility Verification Sys- ceeded to call the roll. 2516, is modified. tem; Mrs. MURRAY. Mr. President, I ask The amendment, as modified, is as (2) ensure that such system has sufficient unanimous consent that the order for follows: capacity to timely and accurately— the quorum call be rescinded.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10101 The PRESIDING OFFICER. Without AMENDMENT NO. 2469 TO AMENDMENT NO. 2383 Mr. COCHRAN. I move to reconsider objection, it is so ordered. Mrs. MURRAY. Mr. President, I call the vote by which the amendment was AMENDMENT NO. 2527 TO AMENDMENT NO. 2383 up amendment No. 2469 and ask for its agreed to. Mrs. MURRAY. Mr. President, I send immediate consideration. Mrs. MURRAY. I move to lay that an amendment to the desk on behalf of The PRESIDING OFFICER. The motion on the table. Senator LANDRIEU and ask for its im- clerk will report. The motion to lay on the table was mediate consideration. The legislative clerk read as follows: agreed to. The PRESIDING OFFICER. The The Senator from Washington [Mrs. MUR- AMENDMENT NO. 2475, AS MODIFIED, TO clerk will report. RAY], for Mr. COCHRAN and Mr. LOTT, pro- AMENDMENT NO. 2383 The legislative clerk read as follows: poses an amendment numbered 2469 to Mrs. MURRAY. Mr. President, I call The Senator from Washington [Mrs. MUR- amendment No. 2383. up amendment No. 2475, send a modi- RAY], for Ms. LANDRIEU, proposes an amend- The amendment is as follows: fication to the desk, and ask for its im- ment numbered 2527 to amendment No. 2383. (Purpose: To provide that certain hazard mediate consideration. The amendment is as follows: mitigation projects shall not be subject to The PRESIDING OFFICER. The (Purpose: To require the Administrator of any precertification requirements) clerk will report. the Federal Emergency Management Agen- On page 64, between lines 6 and 7, insert The legislative clerk read as follows: cy to authorize an in-lieu contribution to the following: The Senator from Washington [Mrs. MUR- the Peebles School) (d) Notwithstanding section 404 of the Rob- RAY], for Mr. STEVENS, proposes an amend- On page 69, after line 24, add the following: ert T. Stafford Disaster Relief and Emer- ment No. 2475, as modified, to amendment SEC. 536. IN-LIEU CONTRIBUTION. gency Assistance Act (42 U.S.C. 5170c), No. 2383. The Administrator of the Federal Emer- projects relating to Hurricanes Katrina and The amendment is as follows: Rita for which the non-Federal share of as- gency Management Agency shall authorize a On page 7, line 7, insert after ‘‘operations;’’ sistance under that section is funded by large in-lieu contribution under section the following: ‘‘of which $40,000,000 shall be amounts appropriated to the Community De- 406(c)(1) of the Robert T. Stafford Disaster utilized to develop and implement a Model velopment Fund under chapter 9 of title I of Relief and Emergency Assistance Act (42 Ports of Entry program and provide re- division B of the Department of Defense, U.S.C. 5172(c)(1)) to the Peebles School in sources necessary for 200 additional CBP offi- Emergency Supplemental Appropriations to Iberia Parish, Louisiana for damages relat- cers at the 20 United States international Address Hurricanes in the Gulf of Mexico, ing to Hurricane Katrina of 2005 or Hurricane airports that have the highest number of for- and Pandemic Influenza Act, 2006 (Public Rita of 2005, notwithstanding section eign visitors arriving annually as determined Law 109–148; 119 Stat. 2779) or chapter 9 of 406(c)(1)(C) of the Robert T. Stafford Disaster pursuant to the most recent data collected title II of the Emergency Supplemental Ap- Relief and Emergency Assistance Act (42 by the United States Customs and Border propriations Act for Defense, the Global War U.S.C. 5172(c)(1)(C)). Protection available on the date of enact- on Terror, and Hurricane Recovery, 2006 Mrs. MURRAY. Mr. President, I be- ment of this Act, to provide a more efficient (Public Law 109–234; 120 Stat. 472) shall not lieve this amendment has been agreed and welcoming international arrival process be subject to any precertification require- in order to facilitate and promote business to on both sides. ments. The PRESIDING OFFICER. Is there and leisure travel to the United States, while further debate on the amendment? Mrs. MURRAY. Mr. President, I be- also improving security;’’ If not, the question is on agreeing to lieve this amendment has been agreed Mrs. MURRAY. I believe this amend- the amendment. to on both sides. ment has been agreed to. The amendment (No. 2527) was agreed The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there to. further debate? further debate on this amendment? Mr. COCHRAN. Mr. President, I move If not, the question is on agreeing to If not, the question is on agreeing to to reconsider the vote by which the the amendment. the amendment. amendment was agreed to. The amendment was agreed to. The amendment (No. 2475), as modi- Mrs. MURRAY. I move to lay that Mr. COCHRAN. Mr. President, I move fied, was agreed to. motion on the table. to reconsider the vote. Mr. COCHRAN. I move to reconsider The motion to lay on the table was Mrs. MURRAY. I move to lay that the vote. agreed to. motion on the table. Mrs. MURRAY. I move to lay that Mrs. MURRAY. Mr. President, we are The motion to lay on the table was motion on the table. going to move to a number of amend- agreed to. The motion to lay on the table was ments that have been agreed to in a AMENDMENT NO. 2499, AS MODIFIED, TO agreed to. few short minutes. I ask the patience AMENDMENT NO. 2383 AMENDMENT NO. 2513 TO AMENDMENT NO. 2383 of all the Senators here, and I suggest Mrs. MURRAY. Mr. President, I call Mrs. MURRAY. Mr. President, I call the absence of a quorum. up amendment No. 2499, send a modi- up amendment No. 2513 and ask for its The PRESIDING OFFICER. The fication to the desk, and ask for its im- immediate consideration. clerk will call the roll. mediate consideration. The PRESIDING OFFICER. The The legislative clerk proceeded to The PRESIDING OFFICER. The clerk will report. call the roll. clerk will report. The legislative clerk read as follows: Mrs. MURRAY. Mr. President, I ask The legislative clerk read as follows: The Senator from Washington [Mrs. MUR- unanimous consent that the order for The Senator from Washington [Mrs. MUR- RAY], for Mr. LIEBERMAN, proposes an amend- the quorum call be rescinded. RAY] proposes an amendment numbered 2499, ment numbered 2513 to amendment No. 2383. The PRESIDING OFFICER. Without as modified to amendment No. 2383. The amendment is as follows: objection, it is so ordered. The amendment is as follows: (Purpose: To require a national strategy and AMENDMENT NO. 2525 WITHDRAWN On page 6, line 16, after ‘‘entry:’’, insert ‘‘of report on closed circuit television systems) Mrs. MURRAY. Mr. President, I ask which $15,000,000 shall be used to procure On page 69, after line 24, insert the fol- unanimous consent to withdraw commercially available technology in order lowing: to expand and improve the risk-based ap- amendment No. 2525. SEC. 536. NATIONAL STRATEGY ON CLOSED CIR- The PRESIDING OFFICER. Without proach of the Department of Homeland Secu- CUIT TELEVISION SYSTEMS. objection, it is so ordered. rity to target and inspect cargo containers (a) IN GENERAL.—Not later than 1 year Mrs. MURRAY. Mr. President, I sug- under the Secure Freight Initiative and the after the date of the enactment of this Act, gest the absence of a quorum. Global Trade Exchange. the Secretary of Homeland Security shall— The PRESIDING OFFICER. The Mrs. MURRAY. Mr. President, I be- (1) develop a national strategy for the ef- clerk will call the roll. lieve this amendment has been agreed fective and appropriate use of closed circuit The legislative clerk proceeded to to on all sides. television to prevent and respond to acts of call the roll. The PRESIDING OFFICER. Is there terrorism, which shall include— further debate on this amendment? (A) an assessment of how closed circuit tel- Mrs. MURRAY. Mr. President, I ask evision and other public surveillance sys- unanimous consent that the order for If not, the question is on agreeing to tems can be used most effectively as part of the quorum call be rescinded. the amendment. an overall terrorism preparedness, preven- The PRESIDING OFFICER. Without The amendment (No. 2499), as modi- tion, and response program, and its appro- objection, it is so ordered. fied, was agreed to. priate role in such a program;

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10102 CONGRESSIONAL RECORD — SENATE July 26, 2007 (B) a comprehensive examination of the The legislative clerk read as follows: The amendment is as follows: advantages and limitations of closed circuit The Senator from Washington [Mrs. MUR- (Purpose: To require the Secretary of Home- television and, as appropriate, other public RAY], for Mr. PRYOR, proposes an amendment land Security to develop a strategy and surveillance technologies; numbered 2502 to amendment No. 2383. funding plan to implement the rec- (C) best practices on camera use and data ommendations regarding the 2010 Van- storage; (The amendment is printed in today’s couver Olympic and Paralympic Games in (D) plans for coordination between the RECORD under ‘‘Text of Amendments.’’) the Joint Explanatory Statement of the Federal Government and State and local Mrs. MURRAY. Mr. President, I be- Committee of Conference on H.R. 5441 governments, and the private sector— lieve this amendment has been agreed (109th Congress), the Department of Home- (i) in the development and use of closed to on both sides. land Security Appropriations Act, 2007) circuit television systems; and The PRESIDING OFFICER. Is there On page 69, after line 24, add the following: (ii) for Federal assistance and support for further debate on the amendment? State and local utilization of such systems; If not, the question is on agreeing to SEC. 536. RISK MANAGEMENT AND ANALYSIS SPE- (E) plans for pilot programs or other means CIAL EVENT; 2010 VANCOUVER of determining the real-world efficacy and the amendment. OLYMPIC AND PARALYMPIC GAMES. limitations of closed circuit televisions sys- The amendment (No. 2502) was agreed As soon as practicable, but not later than tems; to. 3 months after the date of enactment of this (F) an assessment of privacy and civil lib- Mr. COCHRAN. I move to reconsider Act, the Secretary of Homeland Security erties concerns raised by use of closed circuit the vote by which the amendment was shall submit to the Committee on Appropria- television and other public surveillance sys- agreed to. tions, the Committee on Homeland Security tems, and guidelines to address such con- Mrs. MURRAY. I move to lay that and Governmental Affairs, and the Com- cerns; and motion on the table. mittee on Commerce, Science, and Transpor- (G) an assessment of whether and how tation of the Senate and the Committee on closed circuit television systems and other The motion to lay on the table was Appropriations, the Committee on Homeland public surveillance systems are effectively agreed to. Security, and the Committee on Transpor- utilized by other democratic countries in AMENDMENT NO. 2514 TO AMENDMENT NO. 2383 tation and Infrastructure of the House of combating terrorism; and Mrs. MURRAY. Mr. President, I call Representatives a report regarding the plans (2) provide to the Committees on Homeland up amendment No. 2514 and ask for its of the Secretary of Homeland Security relat- Security and Governmental Affairs, Appro- immediate consideration. ing to— priations, and the Judiciary of the Senate The PRESIDING OFFICER. The (1) implementing the recommendations re- and the Committees on Homeland Security garding the 2010 Vancouver Olympic and Appropriations, and the Judiciary of the clerk will report. Paralympic Games in the Joint Explanatory House of Representatives a report that in- The legislative clerk read as follows: Statement of the Committee of Conference cludes— The Senator from Washington [Mrs. MUR- on H.R. 5441 (109th Congress), the Depart- (A) the strategy required under paragraph RAY], for Ms. CANTWELL, proposes an amendment of Homeland Security Appropriations (1); ment numbered 2514 to amendment No. 2383. Act, 2007, with specific funding strategies (B) the status and findings of any pilot pro- The amendment is as follows: for— gram involving closed circuit televisions or (A) the Multiagency Coordination Center; other public surveillance systems conducted (Purpose: To prevent procurement of any ad- and by, in coordination with, or with the assist- ditional major assets until completion of (B) communications exercises to validate ance of the Department of Homeland Secu- an Alternatives Analysis, and to prevent communications pathways, test equipment, rity up to the time of the report; and the use of funds contained in this act for and support the training and familiarization (C) the annual amount of funds used by the procurement of a third National Security of personnel on the operations of the dif- Department of Homeland Security, either di- Cutter until completion of an Alternatives ferent technologies used to support the 2010 rectly by the Department or through grants Analysis) Vancouver Olympic and Paralympic Games; to State, local, or tribal governments, to On page 22, beginning in line 17, strike and support closed circuit television and the pub- ‘‘Provided,’’ and insert ‘‘Provided, That no (2) the feasibility of implementing a pro- lic surveillance systems of the Department, funds shall be available for procurements re- gram to prescreen individuals traveling by since fiscal year 2004. lated to the acquisition of additional major rail between Vancouver, Canada and Seattle, (b) CONSULTATION.—In preparing the strat- assets as part of the Integrated Deepwater Washington during the 2010 Vancouver Olym- egy and report required under subsection (a), Systems program not already under contract pic and Paralympic Games, while those indi- the Secretary of Homeland Security shall until an Alternatives Analysis has been com- viduals are located in Vancouver, Canada, consult with the Attorney General, the Chief pleted by an independent qualified third similar to the preclearance arrangements in Privacy Officer of the Department of Home- party: Provided further, That no funds con- effect in Vancouver, Canada for certain land Security, and the Officer for Civil tained in this Act shall be available for pro- flights between the United States and Can- Rights and Civil Liberties of the Department curement of the third National Security Cut- ada. of Homeland Security. ter until an Alternatives Analysis has been Mrs. MURRAY. I believe this amend- Mrs. MURRAY. Mr. President, I be- completed by an independent qualified third party: Provided further,’’. ment has been agreed to. lieve this amendment has been agreed Mrs. MURRAY. I believe this amend- The PRESIDING OFFICER. Is there to. further debate on this amendment? The PRESIDING OFFICER. Is there ment has been agreed to on both sides. If not, the question is on agreeing to further debate on this amendment? The PRESIDING OFFICER. Is there If not, the question is on agreeing to further debate on this amendment? the amendment. the amendment. If not, the question is on agreeing to The amendment (No. 2391) was agreed The amendment (No. 2513) was agreed the amendment. to. to. The amendment (No. 2514) was agreed Mr. COCHRAN. I move to reconsider Mr. COCHRAN. I move to reconsider to. the vote. the vote by which the amendment was Mr. COCHRAN. I move to reconsider Mrs. MURRAY. I move to lay that agreed to. the vote by which the amendment was motion on the table. Mrs. MURRAY. I move to lay that agreed to. The motion to lay on the table was motion on the table. Mrs. MURRAY. I move to lay that agreed to. motion on the table. The motion to lay on the table was AMENDMENT NO. 2466 TO AMENDMENT NO. 2383 agreed to. The motion to lay on the table was agreed to. Mrs. MURRAY. Mr. President, I call AMENDMENT NO. 2502 TO AMENDMENT NO. 2383 up amendment No. 2466 and ask for its AMENDMENT NO. 2391 TO AMENDMENT NO. 2383 (Purpose: To authorize the Secretary of immediate consideration. Homeland Security to regulate the sale of Mrs. MURRAY. Mr. President, I call The PRESIDING OFFICER. The ammonium nitrate to prevent and deter up amendment No. 2391 and ask for its the acquisition of ammonium nitrate by immediate consideration. clerk will report. terrorists, and for other purposes) The PRESIDING OFFICER. The The legislative clerk read as follows: Mrs. MURRAY. Mr. President, I call clerk will report. The Senator from Washington [Mrs. MUR- up amendment No. 2502 and ask for its The legislative clerk read as follows: RAY], for Mrs. HUTCHISON, proposes an amendment numbered 2466 to amendment immediate consideration The Senator from Washington [Mrs. MUR- No. 2383. The PRESIDING OFFICER. The RAY], for Ms. CANTWELL, proposes an amend- clerk will report. ment numbered 2391 to amendment No. 2383. The amendment is as follows:

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10103 AMENDMENT NO. 2466 Mrs. MURRAY. Mr. President, I be- The amendment (No. 2486) was agreed (Purpose: To provide local officials and the lieve this amendment is also agreed to. to. Secretary of Homeland Security greater The PRESIDING OFFICER. Is there Mr. COCHRAN. I move to reconsider involvement in decisions regarding the lo- further debate on this amendment? the vote. cation of border fencing) If not, the question is on agreeing to Mrs. MURRAY. I move to lay that At the appropriate place, insert the fol- the amendment. motion on the table. lowing: The amendment (No. 2466) was agreed The motion to lay on the table was SEC. ll. IMPROVEMENT OF BARRIERS AT BOR- to. DER. agreed to. Section 102 of the Illegal Immigration Re- Mr. COCHRAN. I move to reconsider AMENDMENT NO. 2497 TO AMENDMENT NO. 2383 form and Immigrant Responsibility Act of the vote. Mrs. MURRAY. Mr. President, I call 1996 (8 U.S.C. 1103 note) is amended— Mrs. MURRAY. I move to lay that up amendment No. 2497 and ask for its (1) in subsection (a), by striking ‘‘Attorney motion on the table. immediate consideration. General, in consultation with the Commis- The motion to lay on the table was The PRESIDING OFFICER. The sioner of Immigration and Naturalization,’’ agreed to. and inserting ‘‘Secretary of Homeland Secu- clerk will report. AMENDMENT NO. 2484 TO AMENDMENT NO. 2383 The legislative clerk read as follows: rity’’; and Mrs. MURRAY. Mr. President, I call (2) in subsection (b)— The Senator from Washington [Mrs. MUR- up amendment No. 2484 and ask for its (A) in the subsection heading, by striking RAY], for Mr. BYRD, proposes an amendment ‘‘IN THE BORDER AREA’’ and inserting ‘‘ALONG immediate consideration. numbered 2497 to amendment No. 2383. The PRESIDING OFFICER. The THE BORDER’’; The amendment is as follows: (B) by redesignating paragraphs (1), (2), (3), clerk will report. and (4) as paragraphs (2), (3), (4), and (5), re- The legislative clerk read as follows: (Purpose: To establish a wild horse and burro adoption program at the Department of spectively; The Senator from Washington [Mrs. MUR- Homeland Security) (C) in paragraph (2), as redesignated— RAY], for Mr. GREGG, proposes an amendment (i) in the paragraph heading, by striking numbered 2484 to amendment No. 2383. On page 69, after line 24, insert the following: ‘‘SECURITY FEATURES’’ and inserting ‘‘ADDI- The amendment is as follows: TIONAL FENCING ALONG SOUTHWEST BORDER’’; SEC. ll. None of the funds made available and (Purpose: To provide for greater account- in this Act may be used to destroy or put out (ii) by striking subparagraphs (A) through ability in grant and contract administra- to pasture any horse or other equine belong- (C) and inserting the following: tion) ing to the Federal Government that has be- ‘‘(A) REINFORCED FENCING.—In carrying out On page 69, after line 24, add the following: come unfit for service, unless the trainer or subsection (a), the Secretary of Homeland SEC. 536. ACCOUNTABILITY IN GRANT AND CON- handler is first given the option to take pos- Security shall construct reinforced fencing TRACT ADMINISTRATION. session of the equine through an adoption along not less than 700 miles of the south- The Department of Homeland Security, program that has safeguards against slaugh- west border where fencing would be most through the Federal Emergency Manage- ter and inhumane treatment. practical and effective and provide for the ment Agency, shall— Mrs. MURRAY. Mr. President, I be- installation of additional physical barriers, (1) consider implementation, through fair lieve this amendment has been agreed and open competition, of management, roads, lighting, cameras, and sensors to gain to. operational control of the southwest border. tracking and accountability systems to as- ‘‘(B) PRIORITY AREAS.—In carrying out this sist in managing grant allocations, distribu- The PRESIDING OFFICER. Is there section, the Secretary of Homeland Security tion, expenditures, and asset tracking; and further debate on this amendment? shall— (2) consider any efficiencies created If not, the question is on agreeing to ‘‘(i) identify the 370 miles along the south- through cooperative purchasing agreements. the amendment. west border where fencing would be most Mrs. MURRAY. I believe this amend- The amendment (No. 2497) was agreed practical and effective in deterring smug- ment is also agreed to. to. glers and aliens attempting to gain illegal The PRESIDING OFFICER. Is there Mr. COCHRAN. I move to reconsider entry into the United States; and further debate on this amendment? the vote. ‘‘(ii) not later than December 31, 2008, complete construction of reinforced fencing If not, the question is on agreeing on Mrs. MURRAY. I move to lay that along the 370 miles identified under clause the amendment. motion on the table. (i). The amendment (No. 2484) was agreed The motion to lay on the table was ‘‘(C) CONSULTATION.— to. agreed to. ‘‘(i) IN GENERAL.—In carrying out this sec- Mr. COCHRAN. I move to reconsider AMENDMENT NO. 2404, AS MODIFIED, TO tion, the Secretary of Homeland Security the vote. AMENDMENT NO. 2383 shall consult with the Secretary of Interior, Mrs. MURRAY. I move to lay that Mrs. MURRAY. Mr. President, I call the Secretary of Agriculture, States, local motion on the table. governments, Indian tribes, and property up amendment No. 2404, with a modi- The motion to lay on the table was fication, and ask for its immediate owners in the United States to minimize the agreed to. impact on the environment, culture, com- consideration. merce, and quality of life for the commu- AMENDMENT NO. 2486 TO AMENDMENT NO. 2383 The PRESIDING OFFICER. The nities and residents located near the sites at Mrs. MURRAY. Mr. President, I call clerk will report. which such fencing is to be constructed. up amendment No. 2486 and ask for its The legislative clerk read as follows: ‘‘(ii) SAVINGS PROVISION.—Nothing in this immediate consideration. The Senator from Washington [Mrs. MUR- subparagraph may be construed to— The PRESIDING OFFICER. The RAY], for Mr. MARTINEZ, proposes an amend- ‘‘(I) create any right of action for a State, clerk will report. ment numbered 2404, as modified, to amend- local government, or other person or entity The legislative clerk read as follows: ment No. 2383. affected by this subsection; or The Senator from Washington [Mrs. MUR- ‘‘(II) affect the eminent domain laws of the The amendment is as follows: RAY], for Ms. COLLINS, proposes an amend- United States or of any State. At the appropriate place, insert the fol- ment numbered 2486 to amendment No. 2383. ‘‘(D) LIMITATION ON REQUIREMENTS.—Not- lowing: withstanding subparagraph (A), nothing in The amendment is as follows: SEC. llll. INTERNATIONAL REGISTERED this paragraph shall require the Secretary of (Purpose: To require an appropriate amount TRAVELER PROGRAM. Homeland Security to install fencing, phys- of funding for the Office of Bombing Pre- Section 7208(k)(3) of the Intelligence Re- ical barriers, roads, lighting, cameras, and vention) form and Terrorism Prevention Act of 2004 (8 sensors in a particular location along an On page 30, line 17, before the period insert U.S.C. 1365b(k)(3)) is amended to read as fol- international border of the United States, if the following: ‘‘Provided, That $10,043,000 lows: the Secretary determines that the use or shall be for the Office of Bombing Prevention ‘‘(3) INTERNATIONAL REGISTERED TRAVELER placement of such resources is not the most and not more than $26,100,000 shall be for the PROGRAM.— appropriate means to achieve and maintain Next Generation Network’’. ‘‘(A) IN GENERAL.—The Secretary of Home- operational control over the international Mrs. MURRAY. I believe this amend- land Security shall establish an inter- border at such location.’’; and national registered traveler program that in- (D) in paragraph (5), as redesignated, by ment has been agreed to. corporates available technologies, such as striking ‘‘to carry out this subsection not to The PRESIDING OFFICER. Is there biometrics and e-passports, and security exceed $12,000,000’’ and inserting ‘‘such sums further debate on this amendment? threat assessments to expedite the screening as may be necessary to carry out this sub- If not, the question is on agreeing to and processing of international travelers, in- section’’. the amendment. cluding United States Citizens and residents,

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10104 CONGRESSIONAL RECORD — SENATE July 26, 2007 who enter and exit the United States. The mittee on Transportation and Infrastructure H.R. 2638, the Senate insist on its program shall be coordinated with the US- of the House of Representatives on the im- amendment, request a conference with VISIT program, other pre-screening initia- plementation of the Performance Account- the House on the disagreeing votes of tives, and the Visa Waiver Program within ability and Standards System, including— the two Houses and the Chair be au- the Department of Homeland Security. (1) the number of employees who achieved ‘‘(B) FEES.—The Secretary may impose a each level of performance; thorized to appoint conferees on the fee for the program established under sub- (2) a comparison between managers and part of the Senate and the subparagraph (A) and may modify such fee from non-managers relating to performance and committee be appointed as conferees, time to time. The fee may not exceed the ag- pay increases; with no intervening action or debate. gregate costs associated with the program (3) the type and amount of all pay in- The PRESIDING OFFICER. Is there and shall be credited to the Department of creases that have taken effect for each level objection? Homeland Security for purposes of carrying of performance; and Without objection, it is so ordered. out the program. Amounts so credited shall (4) the attrition of employees covered by Mr. REID. Mr. President, we are remain available until expended. the Performance Accountability and Stand- working our way through things, so we ‘‘(C) RULEMAKING.—Within 365 days after ards System. will go into a short quorum call. the date of enactment of this paragraph, the Mrs. MURRAY. I believe this amend- Secretary shall initiate a rulemaking to es- I suggest the absence of a quorum. ment has been agreed to. The PRESIDING OFFICER. The tablish the program, criteria for participa- The PRESIDING OFFICER. Is there tion, and the fee for the program. clerk will call the roll. further debate? ‘‘(D) IMPLEMENTATION.—Not later than 2 The legislative clerk proceeded to years after the date of enactment of this If not, the question is on agreeing to call the roll. paragraph, the Secretary shall establish a the amendment. Mrs. MURRAY. Mr. President, I ask phased-implementation of a biometric-based The amendment (No. 2478) was agreed unanimous consent that the order for international registered traveler program in to. the quorum call be rescinded. conjunction with the US-VISIT entry and Mr. COCHRAN. I move to reconsider The PRESIDING OFFICER. Without exit system, other pre-screening initiatives, the vote. objection, it is so ordered. and the Visa Waiver Program within the De- Mrs. MURRAY. I move to lay that partment of Homeland Security at United AMENDMENT NO. 2516, AS FURTHER MODIFIED motion on the table. Mrs. MURRAY. Mr. President, I ask States airports with the highest volume of The motion to lay on the table was unanimous consent that notwith- international travelers. agreed to. ‘‘(E) PARTICIPATION.—The Secretary shall standing the adoption of amendment Mrs. MURRAY. Mr. President, I sug- ensure that the international registered No. 2516, the amendment be further gest the absence of a quorum. traveler program includes as many partici- modified with the version I now send to pants as practicable by— The PRESIDING OFFICER. The clerk will call the roll. the desk. ‘‘(i) establishing a reasonable cost of en- The PRESIDING OFFICER. Is there rollment; The legislative clerk proceeded to objection? Without objection, it is so ‘‘(ii) making program enrollment conven- call the roll. ient and easily accessible; and Mr. REID. Mr. President, I ask unan- ordered. ‘‘(iii) providing applicants with clear and imous consent that the order for the The amendment (No. 2516), as further consistent eligibility guidelines. quorum call be rescinded. modified, is as follows: Mrs. MURRAY. I believe this amend- The PRESIDING OFFICER. Without At the end, add the following: ment has been agreed to. objection, it is so ordered. SECTION 1. BORDER SECURITY REQUIREMENTS FOR LAND AND MARITIME BORDERS The PRESIDING OFFICER. Is there UNANIMOUS CONSENT AGREEMENT—H.R. 1 OF THE UNITED STATES. further debate on this amendment? Mr. REID. Mr. President, I ask unan- (a) OPERATIONAL CONTROL OF THE UNITED If not, the question is on agreeing to imous consent that following the dis- STATES BORDERS.—The President shall en- the amendment, as modified. position of H.R. 2638, the Senate turn sure that operational control of all inter- The amendment (No. 2404), as modi- to the consideration of the conference national land and maritime borders is fied, was agreed to. report on H.R. 1, the 9/11 bill; that achieved. Mr. COCHRAN. I move to reconsider (b) ACHIEVING OPERATIONAL CONTROL.—The there be 90 minutes of debate to be Secretary of Homeland Security shall estab- the vote. equally divided under the control of Mrs. MURRAY. I move to lay that lish and demonstrate operational control of the two leaders or their designees, and 100 percent of the international land and motion on the table. 30 additional minutes for Senator maritime borders of the United States, in- The motion to lay on the table was COBURN; that at the conclusion of the cluding the ability to monitor such borders agreed to. time for debate on the conference re- through available methods and technology. AMENDMENT NO. 2478 TO AMENDMENT NO. 2383 (1) STAFF ENHANCEMENTS FOR BORDER PA- port Senator DEMINT be recognized to TROL.—The United States Customs and Bor- Mrs. MURRAY. Mr. President, I call offer a motion to recommit the con- up amendment No. 2478 and ask for its der Protection Border Patrol may hire, ference report to report back with his train, and report for duty additional full- immediate consideration. dock worker provisions; that there be time agents. These additional agents shall be The PRESIDING OFFICER. The 20 minutes equally divided for debate deployed along all international borders. clerk will report. on his motion; that no other amend- (2) STRONG BORDER BARRIERS.—The United The legislative clerk read as follows: ments or motions be in order; that at States Customs and Border Protection Bor- The Senator from Washington [Mrs. MUR- der Patrol may: the conclusion or yielding back of (A) Install along all international borders RAY], for Mr. AKAKA, proposes an amendment time, the Senate vote on his motion to numbered 2478 to amendment No. 2383. of the United States vehicle barriers; recommit; that if the motion is de- (B) Install along all international borders The amendment is as follows: feated, the Senate then vote on passage of the United States ground-based radar and (Purpose: To provide for a report on the Per- of the conference report, with the pro- cameras; and formance Accountability and Standards ceeding all occurring without inter- (C) Deploy for use along all international System of the Transportation Security Ad- borders of the United States unmanned aer- ministration) vening action or debate. Of course, everybody knows this has ial vehicles, and the supporting systems for On page 69, after line 24, add the following: such vehicles; been cleared with my counterpart, Sen- SEC. 536. REPORT ON THE PERFORMANCE AC- (c) PRESIDENTIAL PROGRESS REPORT.— COUNTABILITY AND STANDARDS ator MCCONNELL. (1) IN GENERAL.—Not later than 90 days SYSTEM OF THE TRANSPORTATION The PRESIDING OFFICER. Is there after the date of enactment of this Act, and SECURITY ADMINISTRATION. objection? every 90 days thereafter, the President shall Not later than March 1, 2008, the Transpor- Mr. MCCONNELL. Reserving the submit a report to Congress detailing the tation Security Administration shall submit right to object, I stipulate that Sen- progress made in funding, meeting or other- a report to the Committees on Appropria- ator COLLINS will control up to 30 min- wise satisfying each of the requirements de- tions of the Senate and the House of Rep- utes of our time. scribed under paragraphs (1) and (2). resentatives, the Committee on Homeland (2) PROGRESS NOT SUFFICIENT.—If the Presi- Security and Governmental Affairs of the The PRESIDING OFFICER. Is there dent determines that sufficient progress is Senate, the Committee on Commerce, objection? not being made, the President shall include Science, and Transportation of the Senate, Without objection, it is so ordered. in the report required under paragraph (1) the Committee on Homeland Security of the Mr. REID. Mr. President, I ask unan- specific funding recommendations, author- House of Representatives, and the Com- imous consent that upon passage of ization needed, or other actions that are or

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10105 should be undertaken by the Secretary of The assistant legislative clerk pro- AMENDMENT NO. 2438 Homeland Security. ceeded to call the roll. (Purpose: To require the Comptroller Gen- SEC. 2. APPROPRIATIONS FOR SECURING LAND Mrs. MURRAY. Mr. President, I ask eral to conduct a study on shared border AND MARITIME BORDERS OF THE unanimous consent that the order for management) UNITED STATES. At the appropriate place, insert the fol- Any funds appropriated under Division B of the quorum call be rescinded. lowing: this Act shall be used to ensure operational The PRESIDING OFFICER (Mr. control is achieved for all international land BROWN). Without objection, it is so or- SEC. ll. SHARED BORDER MANAGEMENT. and maritime borders of the United States. dered. (a) STUDY.—The Comptroller General of Mrs. MURRAY. Mr. President, I have the United States shall conduct a study on Mrs. MURRAY. Mr. President, I sug- the Department of Homeland Security’s use gest the absence of a quorum. a list, a managers’ package that I believe has been agreed to on both sides. of shared border management to secure the The PRESIDING OFFICER. The international borders of the United States. clerk will call the roll. I ask unanimous consent that I be al- (b) REPORT.—The Comptroller General The legislative clerk proceeded to lowed to send them to the desk en bloc, shall submit a report to Congress that de- call the roll. with the modifications, and have them scribes— Mrs. MURRAY. Madam President, I agreed to en bloc. (1) any negotiations, plans, or designs conducted by officials of the Department of ask unanimous consent that the order The PRESIDING OFFICER. Is there objection? Homeland Security regarding the practice of for the quorum call be rescinded. shared border management; and The PRESIDING OFFICER (Mrs. Mr. VITTER. I would like to object. There is objection. (2) the factors required to be in place for BOXER). Without objection, it is so or- The PRESIDING OFFICER. Objec- shared border management to be successful. dered. tion is heard. AMENDMENT NO. 2432 AMENDMENT NO. 2518, AS FURTHER MODIFIED The Senator from Washington. (Purpose: To increase the authorized level Mrs. MURRAY. Madam President, I Mrs. MURRAY. Mr. President, with for the border relief grant program from ask unanimous consent that notwith- the objection heard, we have about 20 $50,000,000 to $100,000,000) standing adoption of Kyl amendment amendments. We will work our way At the end of the amendment, add the fol- No. 2518, the amendment be further through them one at a time. lowing: modified with the version I now send to We are getting a copy of the amend- SEC. ll. Amounts authorized to be appro- the desk. priated in the Border Law Enforcement Re- ments to the desk. As soon as that is lief Act of 2007 are increased by $50,000,000 for The PRESIDING OFFICER. Without done, we will have to proceed through each of the fiscal years 2008 through 2012. objection, it is so ordered. the amendments one by one until they AMENDMENT NO. 2451 The amendment (No. 2518), as further are agreed to. modified, is as follows: (Purpose: To conduct a study to determine I suggest the absence of a quorum. whether fencing on the southern border At the appropriate place, insert the fol- The PRESIDING OFFICER. The can be constructed for less than an average lowing: clerk will call the roll. of $3,200,000 per mile) SEC. ll. IMPROVEMENTS TO THE EMPLOYMENT The assistant legislative clerk pro- At the appropriate place, insert the fol- ELIGIBILITY VERIFICATION BASIC ceeded to call the roll. lowing: PILOT PROGRAM. Mrs. MURRAY. Mr. President, I ask Of the amounts appropriated for border se- SEC. l. GAO STUDY OF COST OF FENCING ON unanimous consent that the order for THE SOUTHERN BORDER. curity and employment verification improvements under section 1003, of Division B, the quorum call be rescinded. (a) INQUIRY AND REPORT REQUIRED.—The $60,000,000 shall be made available to— The PRESIDING OFFICER. Without Comptroller of the United States shall con- (1) ensure that State and local programs objection, it is so ordered. duct a study examining— have sufficient access to, and are sufficiently Mrs. MURRAY. Mr. President, I (1) the total amount of money that has coordinated with, the Federal Government’s know of no other amendments to come been expended, as of June 20, 2007, to con- Employment Eligibility Verification Sys- struct 90 miles of fencing on the southern before the Senate on this bill. I move border of the United States; tem; to third reading. (2) ensure that such system has sufficient (2) the average cost per mile of the 90 miles The PRESIDING OFFICER. If there of fencing on the southern border as of June capacity to timely and accurately— are no further amendments, the ques- (A) register employers in States with em- 20, 2007; ployer verification requirements; tion is on the committee substitute. (3) the average cost per mile of the 370 (B) respond to inquiries by employers; and Mr. DOMENICI. Mr. President, I sug- miles of fencing that the Department of (C) enter into memoranda of understanding gest the absence of a quorum. Homeland Security is required to have com- with States to ensure responses to subpara- The PRESIDING OFFICER. The pleted on the southern border by December graphs (A) and (B); and clerk will call the roll. 31, 2008, which shall include $1,187,000,000 ap- (3) develop policies and procedures to en- propriated in fiscal year 2007 for ‘‘border se- The legislative clerk proceeded to curity fencing, technology, and infrastruc- sure protection of the privacy and security call the roll. of personally identifiable information and ture’’ and the $1,000,000,000 appropriated Mrs. MURRAY. I ask unanimous con- under this Act under the heading ‘‘Border identifiers contained in the basic pilot pro- sent that the order for the quorum call gram, including appropriate privacy and se- Security Fencing, Infrastructure, and Tech- curity training for State employees. be rescinded. nology’’; (4) ensure that the Office for Civil Rights The PRESIDING OFFICER. Without (4) the total cost and average cost per mile and Civil Liberties of the Department of Jus- objection, it is so ordered. to construct the 700 linear miles (854 topo- tice has sufficient capacity to conduct audits Mrs. MURRAY. I ask unanimous con- graphical miles) of fencing on the southern of the Federal Government’s Employment sent that we go back to second reading. border required to be constructed under sec- Eligibility Verification System to assess em- The PRESIDING OFFICER. Without tion 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as ployer compliance with system require- objection, it is so ordered. ments, including the applicable Memo- amended by section 3 of the Secure Fence AMENDMENTS NOS. 2438, 2432, 2451, 2495, 2500, AS randum of Understanding. Act of 2006 (Public Law 109–367); MODIFIED, 2507, 2477, 2519, 2439, 2406, 2417, AS (5) These amounts are designated as an (5) the total cost and average cost per mile MODIFIED, 2504, 2421, AS MODIFIED, 2422, 2526, emergency requirement pursuant to section to construct the fencing described in para- 2445, AS MODIFIED, 2465, AS MODIFIED, 2508, 2509, 204 of S. Con. Res. 21 (110th Congress). graph (4) if the double layer fencing require- 2463, 2490, 2521, 2467, AS MODIFIED, 2474, AS MODI- ment were eliminated; and Mrs. MURRAY. Madam President, I FIED, 2522, AS MODIFIED, 2524 TO AMENDMENT (6) the number of miles of single layer advise Senators that we have about 10 2383, EN BLOC fencing, if fencing were not accompanied by more minutes. We are working through Mrs. MURRAY. I ask unanimous con- additional technology and infrastructure the final package of agreed-upon sent that the managers’ package, as such as cameras, sensors, and roads, which amendments which we hope to have to was presented, be sent to the desk, en could be built with the $1,187,000,000 appro- the floor in the next 10 minutes. We bloc, with the modifications as re- priated in fiscal year 2007 for ‘‘border secu- will work our way through those rity fencing, technology, and infrastructure’’ quested and be agreed to. and the $1,000,000,000 appropriated under this amendments and on to final passage. The PRESIDING OFFICER. Without Act under the heading ‘‘Border Security I suggest the absence of a quorum. objection, it is so ordered. Fencing, Infrastructure, and Technology’’. The PRESIDING OFFICER. The The amendments considered and (b) SUBMISSION OF REPORT.—Not later than clerk will call the roll. agreed to are as follows: 1 year after the date of the enactment of this

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10106 CONGRESSIONAL RECORD — SENATE July 26, 2007 Act, the Comptroller General shall submit a (16) The Border Patrol are apprehending whether such training is effective for pur- report on the results of the study conducted some, but not all, individuals from countries poses of the program. pursuant to subsection (a) to— that the Secretary of State has determined (B) Whether employees of air carriers and (1) the Committee on Appropriations of the have repeatedly provided support for acts of foreign air carriers responsible for imple- Senate; international terrorism who cross or at- menting the program are familiar with the (2) the Committee on the Judiciary of the tempt to cross illegally into the United provisions of the program. Senate; States. (C) The degree to which the program has (3) the Committee on Appropriations of the (17) The Federal Bureau of Investigation is been implemented in airports. House of Representatives; and investigating a human smuggling ring that (D) Whether a helpline or other similar (4) the Committee on the Judiciary of the has been bringing Iraqis and other Middle mechanism of assistance provided by an air House of Representatives. Eastern individuals across the international carrier, foreign air carrier, or the Transpor- AMENDMENT NO. 2495 borders of the United States. tation Security Administration should be es- (Purpose: To restore the credibility of the (b) SENSE OF SENATE.—It is the sense of tablished to provide assistance to employees Federal Government by taking action to Senate that— of air carriers and foreign air carriers who enforce immigration laws, to request the (1) the Federal Government should work to are uncertain of the procedures of the pro- President to submit a request to Congress regain the trust of the people of the United gram. for supplemental appropriations on immi- States in its ability of the Federal Govern- (3) In making the assessment required by gration, and for other purposes) ment to secure the international borders of paragraph (2)(C), the Administrator may At the appropriate place, insert the fol- the United States; make use of unannounced interviews or lowing: (2) in order to restore the credibility of the other reasonable and effective methods to SEC. ll. SENSE OF SENATE ON IMMIGRATION. Federal Government on this critical issue, test employees of air carriers and foreign air carriers responsible for registering law en- (a) FINDINGS.—The Senate makes the fol- the Federal Government should prove its lowing findings: ability to enforce immigration laws by tak- forcement officers, firefighters, and emer- (1) On June 28th, 2007, the Senate, by a vote ing actions such as securing the border, stop- gency medical technicians as part of the proof 46 to 53, rejected a motion to invoke clo- ping the flow of illegal immigrants and drugs gram. (4)(A) Not later than 60 days after the com- ture on a bill to provide for comprehensive into the United States, and creating a tam- pletion of the study required by paragraph immigration reform. per-proof biometric identification card for (1), the Administrator shall submit to Con- (2) Illegal immigration remains the top do- foreign workers; and gress a report on the findings of such study. mestic issue in the United States. (3) the President should request emergency (B) The Administrator shall make such re- (3) The people of the United States con- spending that fully funds— port available to the public by Internet web tinue to feel the effects of a failed immigra- (A) existing interior and border security authorizations that have not been funded by site or other appropriate method. tion system on a daily basis, and they have (b) PUBLICATION OF REPORT PREVIOUSLY not forgotten that Congress and the Presi- Congress; and (B) the border and interior security initia- SUBMITTED.—The Administrator shall make dent have a duty to address the issue of ille- available to the public on the Internet web gal immigration and the security of the tives contained in the bill to provide for comprehensive immigration reform and for site of the Transportation Security Adminis- international borders of the United States. tration or the Department of Homeland Se- (4) People from across the United States other purposes (S. 1639) introduced in the Senate on June 18, 2007. curity the report required by section 554(b) have shared with members of the Senate of the Department of Homeland Security Ap- their wide ranging and passionate opinions AMENDMENT NO. 2500, AS MODIFIED propriations Act, 2007 (Public Law 109–295). on how best to reform the immigration sys- At the appropriate place, insert the fol- (c) MECHANISM FOR REPORTING PROBLEMS.— tem. lowing: The Administrator shall develop a mecha- (5) There is no consensus on an approach to SEC. ll. ENSURING THE SAFETY OF AGRICUL- nism on the Internet web site of the Trans- comprehensive immigration reform that TURAL IMPORTS. portation Security Administration or the does not first secure the international bor- (a) FINDINGS.—Congress makes the fol- Department of Homeland Security by which ders of the United States. lowing findings: first responders may report problems with or (6) There is unanimity that the Federal (1) The Food and Drug Administration, as barriers to volunteering in the program. Government has a responsibility to, and im- part of its responsibility to ensure the safety Such mechanism shall also provide informa- mediately should, secure the international of food and other imports, maintains a pres- tion on how to submit comments related to borders of the United States. ence at 91 of the 320 points of entry into the volunteering in the program. (7) Border security is an integral part of United States. (d) AIR CARRIER AND FOREIGN AIR CARRIER national security. (2) United States Customs and Border Pro- DEFINED.—In this section, the terms ‘‘air (8) The greatest obstacle the Federal Gov- tection personnel are responsible for moni- carrier’’ and ‘‘foreign air carrier’’ have the ernment faces with respect to the people of toring imports and alerting the Food and meaning given such terms in section 40102 of the United States is a lack of trust that the Drug Administration to suspicious material title 49, United States Code. Federal Government will secure the inter- entering the United States at the remaining AMENDMENT NO. 2477 national borders of the United States. 229 points of entry. (Purpose: To require the Government Ac- (9) This lack of trust is rooted in the past (b) REPORT.—The Commissioner of United countability Office to report on the De- failures of the Federal Government to uphold States Customs and Border Protection shall partment’s risk-based grant programs) and enforce immigration laws and the failure submit a report to Congress that describes of the Federal Government to secure the On page 40, line 15, after ‘‘Security’’ insert the training of United States Customs and ‘‘and an analysis of the Department’s policy international borders of the United States. Border Protection personnel to effectively (10) Failure to uphold and enforce immi- of ranking States, cities, and other grantees assist the Food and Drug Administration in by tiered groups,’’. gration laws has eroded respect for those monitoring our Nation’s food supply. laws and eliminated the faith of the people of AMENDMENT NO. 2519 AMENDMENT NO. 2507 the United States in the ability of their (Purpose: To provide that none of the funds elected officials to responsibly administer (Purpose: To require a study on the imple- appropriated or otherwise made available immigration programs. mentation of the voluntary provision of by this Act may be used to enter into a (11) It is necessary to regain the trust of emergency services program) contract in an amount greater than $5 mil- the people of the United States in the com- On page 69, between after line 24, add the lion or to award a grant in excess of such petency of the Federal Government to en- following: amount unless the prospective contractor force immigration laws and manage the im- SEC. 536. (a) STUDY ON IMPLEMENTATION OF or grantee certifies in writing to the agen- migration system. VOLUNTARY PROVISION OF EMERGENCY SERV- cy awarding the contract or grant that the (12) Securing the borders of the United ICES PROGRAM.—(1) Not later than 180 days contractor or grantee owes no past due States would serve as a starting point to after the date of the enactment of this Act, Federal tax liability) begin to address other issues surrounding the Administrator of the Transportation Se- On page 69, after line 24, insert the fol- immigration reform on which there is not curity Administration shall conduct a study lowing: consensus. on the implementation of the voluntary pro- SEC. 536. None of the funds appropriated or (13) Congress has not fully funded some in- vision of emergency services program estab- otherwise made available by this Act may be terior and border security activities that it lished pursuant to section 44944(a) of title 49, used to enter into a contract in an amount has authorized. United States Code (referred to in this sec- greater than $5 million or to award a grant (14) The President of the United States can tion as the ‘‘program’’). in excess of such amount unless the prospec- initiate emergency spending by designating (2) As part of the study required by para- tive contractor or grantee certifies in writ- certain spending as ‘‘emergency spending’’ in graph (1), the Administrator shall assess the ing to the agency awarding the contract or a request to the Congress. following: grant that the contractor or grantee has no (15) The lack of security on the inter- (A) Whether training protocols established unpaid Federal tax assessments, that the national borders of the United States rises to by air carriers and foreign air carriers in- contractor or grantee has entered into an in- the level of an emergency. clude training pertinent to the program and stallment agreement or offer in compromise

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10107 that has been accepted by the IRS to resolve (1) section 402 of the Uniting and Strength- and Naturalization Service, and the General any unpaid Federal tax assessments, that ening America by Providing Appropriate Services Administration in accordance with the contractor or grantee has entered into Tools Required to Intercept and Obstruct the matter relating to the ports of entry in- an installment agreement or offer in com- Terrorism (USA PATRIOT ACT) Act of 2001 frastructure assessment set forth in the joint promise that has been accepted by the IRS (Public Law 107–56); explanatory statement on page 67 of con- to resolve any unpaid Federal tax assess- (2) section 331 of the Trade Act of 2002 ference report 106–319, accompanying Public ments, or, in the case of unpaid Federal tax (Public Law 107–210); and Law 106–58; and assessments other than for income, estate, (3) section 5202 of the Intelligence Reform (B) the nationwide strategy to prioritize and gift taxes, that the liability for the un- and Terrorism Prevention Act of 2004 (Public and address the infrastructure needs at the paid assessments is the subject of a non-friv- Law 108–458). land ports of entry prepared by the Depart- olous administrative or judicial appeal. For AMENDMENT NO. 2421, AS MODIFIED ment of Homeland Security and the General purposes of the preceding sentence, the cer- Services Administration in accordance with On page 69, after line 24, add the following: tification requirement of part 52.209-5 of the the committee recommendations on page 22 Federal Acquisition Regulation shall also in- TITLE ll—BORDER INFRASTRUCTURE of Senate report 108–86, accompanying Public clude a requirement for a certification by a AND TECHNOLOGY MODERNIZATION Law 108–90; prospective contractor of whether, within SEC. 601. SHORT TITLE. (2) update the assessment of the infrastruc- the three-year period preceding the offer for This title may be cited as the ‘‘Border In- ture needs of all United States land ports of the contract, the prospective contractor— frastructure and Technology Modernization entry; and (1) has or has not been convicted of or had Act of 2007’’. (3) submit an updated assessment of land a civil judgment or other judicial determina- SEC. 602. DEFINITIONS. port of entry infrastructure needs to Con- gress. tion rendered against the contractor for vio- In this title: (b) CONSULTATION.—In preparing the up- lating any tax law or failing to pay any tax; (1) COMMISSIONER.—The term ‘‘Commis- (2) has or has not been notified of any de- dated studies required under subsection (a), sioner’’ means the Commissioner of United the Commissioner and the Administrator of linquent taxes for which the liability re- States Customs and Border Protection of the mains unsatisfied; or General Services shall consult with the Di- Department of Homeland Security. rector of the Office of Management and (3) has or has not received a notice of a tax (2) MAQUILADORA.—The term Budget, the Secretary, and affected State lien filed against the contractor for which ‘‘maquiladora’’ means an entity located in and local agencies on the northern and the liability remains unsatisfied or for which Mexico that assembles and produces goods southern borders of the United States. the lien has not been released. from imported parts for export to the United (c) CONTENT.—Each updated study required AMENDMENT NO. 2439 States. in subsection (a) shall— (Purpose: To resolve the differences between (3) NORTHERN BORDER.—The term ‘‘north- (1) identify port of entry infrastructure the Transportation Worker Identification ern border’’ means the international border and technology improvement projects that Credential program administered by the between the United States and Canada. would enhance border security and facilitate Transportation Security Administration (4) SECRETARY.—The term ‘‘Secretary’’ the flow of legitimate commerce if imple- and existing State transportation facility means the Secretary of Homeland Security. mented; access control programs) (5) SOUTHERN BORDER.—The term ‘‘southern (2) include the projects identified in the At the appropriate place, insert the fol- border’’ means the international border be- National Land Border Security Plan required lowing: tween the United States and Mexico. by section 605; and (3) prioritize the projects described in para- SEC. ll. TRANSPORTATION FACILITY ACCESS SEC. 603. HIRING AND TRAINING OF BORDER AND CONTROL PROGRAMS. TRANSPORTATION SECURITY PER- graphs (1) and (2) based on the ability of a SONNEL. The Secretary of Homeland Security shall project— (a) OFFICERS AND AGENTS.— work with appropriate officials of Florida (A) to enhance the ability of United States (1) INCREASE IN OFFICERS AND AGENTS.— and of other States to resolve the differences Customs and Border Protection to achieve Subject to the availability of appropriations, its mission and to support operations; between the Transportation Worker Identi- during each of fiscal years 2009 through 2013, (B) to fulfill security requirements; and fication Credential program administered by the Secretary shall— (C) facilitate trade across the borders of the Transportation Security Administration (A) increase the number of full-time agents the United States. and existing State transportation facility ac- and associated support staff in United States (d) PROJECT IMPLEMENTATION.—The Com- cess control programs. Immigration and Customs Enforcement of missioner, as appropriate, shall— AMENDMENT NO. 2406 the Department of Homeland Security by the (1) implement the infrastructure and tech- (Purpose: To prohibit the use of funds for equivalent of at least 100 more than the nology improvement projects described in planning, testing, piloting, or developing a number of such employees as of the end of subsection (c) in the order of priority as- national identification card) the preceding fiscal year; and signed to each project under subsection On page 69, after line 24, add the following: (B) increase the number of full-time offi- (c)(3); or SEC. 536. None of the funds made available cers, agricultural specialists, and associated (2) forward the prioritized list of infra- in this Act may be used for planning, test- support staff in United States Customs and structure and technology improvement ing, piloting, or developing a national identi- Border Protection by the equivalent of at projects to the Administrator of General fication card. least 200 more than the number of such em- Services for implementation in the order of AMENDMENT NO. 2417, AS MODIFIED ployees as of the end of the preceding fiscal priority assigned to each project under subsection (c)(3). On page 69, after line 24, add the following: year. AIVER OF FTE LIMITATION (e) DIVERGENCE FROM PRIORITIES.—The SEC. 536. ADDITIONAL ASSISTANCE FOR PREP- (2) W .—The Sec- retary is authorized to waive any limitation Commissioner may diverge from the priority ARATION OF PLANS. order if the Commissioner determines that Subparagraph (L) of section 33(b)(3) of the on the number of full-time equivalent personnel assigned to the Department of Home- significantly changed circumstances, includ- Federal Fire Prevention and Control Act of ing immediate security needs, changes in in- 1974 (15 U.S.C. 2229(b)(3)) is amended to read land Security to fulfill the requirements of paragraph (1). frastructure in Mexico or Canada, or similar as follows: concerns, compellingly alter the need for a ‘‘(L) To fund fire prevention programs, in- (b) TRAINING.—As necessary, the Secretary, acting through the Assistant Secretary for project in the United States. cluding planning and preparation for SEC. 605. NATIONAL LAND BORDER SECURITY wildland fires. United States Immigration and Customs En- forcement and the Commissioner, shall pro- PLAN. AMENDMENT NO. 2504 (a) REQUIREMENT FOR PLAN.—Not later vide appropriate training for agents, officers, than January 31 of every other year, the Sec- (Purpose: To express the sense of Congress agricultural specialists, and associated sup- retary, acting through the Commissioner, regarding to need to appropriate sufficient port staff of the Department of Homeland shall prepare a National Land Border Secu- funds to increase the number of border pa- Security to utilize new technologies and to trol officers and agents protecting the rity Plan and submit such plan to Congress. ensure that the proficiency levels of such (b) CONSULTATION.—In preparing the plan northern border pursuant to prior author- personnel are acceptable to protect the bor- izations) required under subsection (a), the Commis- ders of the United States. sioner shall consult with other appropriate At the appropriate place, insert the fol- SEC. 604. PORT OF ENTRY INFRASTRUCTURE AS- Federal agencies, State and local law en- lowing: SESSMENT STUDY. forcement agencies, and private entities that SEC. ll. SENSE OF CONGRESS. (a) REQUIREMENT TO UPDATE.—Not later are involved in international trade across It is the sense of Congress that sufficient than January 31 of every other year, the the northern or southern border. funds should be appropriated to allow the Commissioner, in consultation with the Ad- (c) VULNERABILITY ASSESSMENT.— Secretary to increase the number of per- ministrator of General Services shall— (1) IN GENERAL.—The plan required under sonnel of United States Customs and Border (1) review— subsection (a) shall include a vulnerability, Protection protecting the northern border by (A) the Port of Entry Infrastructure As- risk, and threat assessment of each port of 1,517 officers and 788 agents, as authorized sessment Study prepared by the United entry located on the northern border or the by— States Customs Service, the Immigration southern border.

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(2) PORT SECURITY COORDINATORS.—The program has the most up-to-date design, con- Secretary shall develop a plan for enhancing Secretary, acting through the Commissioner, tains sufficient space to conduct the dem- radio communication capability along the may establish 1 or more port security coordi- onstration program, has a traffic volume low international borders of the United States. nators at each port of entry located on the enough to easily incorporate new tech- (2) CONTENTS.—The plan developed under northern border or the southern border— nologies without interrupting normal proc- paragraph (1) shall include— (A) to assist in conducting a vulnerability essing activity, and can efficiently carry out (A) an estimate of the costs required to im- assessment at such port; and demonstration and port of entry operations, plement the plan; and (B) to provide other assistance with the 1 port of entry selected as a demonstration (B) a description of the ways in which Fed- preparation of the plan required under sub- site may— eral, State, and local law enforcement offi- section (a). (A) have been established not more than 15 cers could benefit from the implementation (d) COORDINATION WITH THE SECURE BORDER years before the date of the enactment of of the plan. INITIATIVE.—The plan required under sub- this Act; AMENDMENT NO. 2526 section (a) shall include a description of ac- (B) consist of not less than 65 acres, with (Purpose: To provide that certain funds shall tivities undertaken during the previous year the possibility of expansion onto not less be made available to the United States as part of the Secure Border Initiative and than 25 adjacent acres; and Citizenship and Immigration Services for actions planned for the coming year as part (C) have serviced an average of not more the fraud risk assessment relating to the of the Secure Border Initiative. than 50,000 vehicles per month during the 12 H–1B program is submitted to Congress) months preceding the date of the enactment SEC. 606. EXPANSION OF COMMERCE SECURITY At the appropriate place, insert: PROGRAMS. of this Act. Of the funds provided under this Act or any (a) COMMERCE SECURITY PROGRAMS.— (d) RELATIONSHIP WITH OTHER AGENCIES.— other Act to United States Citizenship and (1) IN GENERAL.—Not later than 1 year after The Secretary, acting through the Commis- Immigration Services, not less than the date of the enactment of this Act, the sioner, shall permit personnel from appro- $1,000,000 shall be provided for a benefits Commissioner, in consultation with the Sec- priate Federal agencies to utilize a dem- fraud assessment of the H–1B Visa Program. retary, shall develop a plan to expand the onstration site described in subsection (c) to AMENDMENT NO. 2445 AS MODIFIED size and scope, including personnel needs, of test technologies that enhance port of entry At the end, add the following: the Customs-Trade Partnership Against Ter- operations, including those related to inspec- SEC. 536. (a) REPORT ON INTERAGENCY OPER- rorism program or other voluntary programs tions, communications, port tracking, iden- ATIONAL CENTERS FOR PORT SECURITY.—Not involving government entities and the pri- tification of persons and cargo, sensory devices, personal detection, decision support, later than 180 days after the date of the en- vate sector to strengthen and improve the actment of this Act, the Commandant of the overall security of the international supply and the detection and identification of weapons of mass destruction. Coast Guard shall submit to Congress a re- chain and security along the northern and port and make the report available on its southern border of the United States. (e) REPORT.— (1) REQUIREMENT.—Not later than 1 year website on the implementation and use of (2) SOUTHERN BORDER SUPPLY CHAIN SECU- interagency operational centers for port se- RITY.—Not later than 1 year after the date of after the date of the enactment of this Act, and annually thereafter, the Secretary shall curity under section 70107A of title 46, United enactment of this Act, the Commissioner States Code. shall provide Congress with a plan to im- submit to Congress a report on the activities carried out at each demonstration site under (b) ELEMENTS.—The report required by sub- prove supply chain security along the south- section shall include the following: ern border, including where appropriate, the technology demonstration program established under this section. (1) A detailed description of the progress plans to implement voluntary programs in- made in transitioning Project Seahawk in (2) CONTENT.—The report shall include an volving government entities and the private Charleston, South Carolina, from the De- sector to strengthen and improve the overall assessment by the Commissioner of the feasibility of incorporating any demonstrated partment of Justice to the Coast Guard, insecurity of the international supply chain cluding all projects and equipment associ- that have been successfully implemented on technology for use throughout United States Customs and Border Protection. ated with that project. the northern border. (2) A detailed description of that actions SEC. 608. AUTHORIZATION OF APPROPRIATIONS. SEC. 607. PORT OF ENTRY TECHNOLOGY DEM- being taken to assure the integrity of (a) IN GENERAL.—In addition to any funds ONSTRATION PROGRAM. Project Seahawk and ensure there is no loss otherwise available, there are authorized to (a) ESTABLISHMENT.—The Secretary, acting in cooperation between the agencies speci- be appropriated such sums as may be nec- through the Commissioner, shall carry out a fied in section 70107A(b)(3) of title 46, United essary to carry out sections 603, 604, 605, 606, technology demonstration program to test State Code. and 607 for FY2009–FY2013. and evaluate new port of entry technologies, (3) A detailed description and explanation refine port of entry technologies and oper- (b) INTERNATIONAL AGREEMENTS.—Funds authorized to be appropriated under this of any changes in Project Seahawk as of the ational concepts, and train personnel under date of the report, including any changes in realistic conditions. title may be used for the implementation of projects described in the Declaration on Em- Federal, State, or local staffing of that (b) TECHNOLOGY AND FACILITIES.— project. ECHNOLOGY TESTED bracing Technology and Cooperation to Pro- (1) T .—Under the dem- AMENDMENT NO. 2465, AS MODIFIED onstration program, the Commissioner shall mote the Secure and Efficient Flow of Peo- On page 69, after line 24, insert the fol- test technologies that enhance port of entry ple and Commerce across our Shared Border lowing: operations, including those related to inspec- between the United States and Mexico, agreed to March 22, 2002, Monterrey, Mexico SEC. 536. (a) The amount appropriated by tions, communications, port tracking, iden- title III for necessary expenses for programs tification of persons and cargo, sensory de- (commonly known as the Border Partnership Action Plan) or the Smart Border Declara- authorized by the Federal Fire Prevention vices, personal detection, decision support, and Control Act of 1974 under the heading and the detection and identification of weap- tion between the United States and Canada, ‘‘FIREFIGHTER ASSISTANCE GRANTS’’ is hereby ons of mass destruction. agreed to December 12, 2001, Ottawa, Canada that are consistent with the provisions of increased by $5,000,000 for necessary expenses ACILITIES DEVELOPED.—At a dem- (2) F to carry out the programs authorized under onstration site selected pursuant to sub- this title. section 34 of that Act (15 U.S.C. 2229a). AMENDMENT NO. 2422 section (c)(3), the Commissioner shall de- (b) The amount appropriated by title III velop any facilities needed to provide appro- (Purpose: To conduct a study to improve under the heading ‘‘INFRASTRUCTURE PROTEC- priate training to Federal law enforcement radio communications for law enforcement TION AND INFORMATION SECURITY’’ is hereby personnel who have responsibility for border officers operating along the international reduced by $5,000,000. security, including cross-training among borders of the United States) AMENDMENT NO. 2508 agencies, advanced law enforcement train- At the appropriate place, insert the fol- (Purpose: To provide funds to modernize the ing, and equipment orientation to the extent lowing: that such training is not being conducted at National Fire Incident Reporting System SEC. ll. STUDY OF RADIO COMMUNICATIONS and to encourage the presence of State and existing Federal facilities. ALONG THE INTERNATIONAL BOR- (c) DEMONSTRATION SITES.— DERS OF THE UNITED STATES. local fire department representatives at the National Operations Center) (1) NUMBER.—The Commissioner shall (a) IN GENERAL.—Not later than 180 days carry out the demonstration program at not after the date of the enactment of this Act, On page 35, line 15, strike ‘‘costs.’’ and in- less than 3 sites and not more than 5 sites. the Secretary of Homeland Security shall sert the following: ‘‘costs: Provided further, (2) LOCATION.—Of the sites selected under conduct a study to determine the areas along That of the total amount made available subsection (c)— the international borders of the United under this heading, $1,000,000 shall be to de- (A) at least 1 shall be located on the north- States where Federal and State law enforce- velop a web-based version of the National ern border of the United States; and ment officers are unable to achieve radio Fire Incident Reporting System that will en- (B) at least 1 shall be located on the south- communication or where radio communica- sure that fire-related data can be submitted ern border of the United States. tion is inadequate. and accessed by fire departments in real (3) SELECTION CRITERIA.—To ensure that 1 (b) DEVELOPMENT OF PLAN.— time.’’. of the facilities selected as a port of entry (1) IN GENERAL.—Upon the conclusion of On page 5, line 3, strike ‘‘expenses.’’ and in- demonstration site for the demonstration the study described in subsection (a), the sert the following: ‘‘expenses: Provided, That

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the Director of Operations Coordination ment on or after the date of enactment of AMENDMENT NO. 2463 shall encourage rotating State and local fire this Act, for formaldehyde and, not later (Purpose: To apply basic contracting laws to service representation at the National Oper- than 15 days after the date of enactment of the Transportation Security Administration) ations Center.’’. this Act, submit to the Committee on Appro- At the appropriate place, insert the fol- AMENDMENT NO. 2509 priations and the Committee on Homeland lowing: Security and Governmental Affairs of the (Purpose: To mitigate the health risks posed SEC. ll. TSA ACQUISITION MANAGEMENT POL- by hazardous chemicals in trailers pro- Senate a report regarding the program de- ICY. vided by Federal Emergency Management signed, including a description of the design (a) IN GENERAL.—Section 114 of title 49, Agency, and for other purposes) of the testing program and the quantity of United States Code, is amended by striking and conditions under which trailers and mo- On page 5, line 20, before the period, insert subsection (o) and redesignating subsections bile homes shall be tested and the justifica- (p) through (t) as subsections (o) through (s), the following: ‘‘: Provided, That the Inspector tion for such design of the testing: Provided General shall investigate decisions made re- respectively. further, That in order to protect the health (b) EFFECTIVE DATE.—The amendment garding, and the policy of the Federal Emer- and safety of disaster victims, the testing made by subsection (a) shall take effect 180 gency Management Agency relating to, program designed under the previous proviso days after the date of enactment of this Act. formaldehyde in trailers in the Gulf Coast shall provide for initial short-term testing, region, the process used by the Federal AMENDMENT NO. 2490 and longer-term testing, as required: Pro- Emergency Management Agency for col- (Purpose: To provide for a report on regional vided further, That not later than 45 days lecting, reporting, and responding to health boundaries for Urban Area Security Initia- after the date of enactment of this Act, the and safety concerns of occupants of housing tive regions) Administrator of the Federal Emergency supplied by the Federal Emergency Manage- Management Agency, in conjunction with On page 69, after line 24, add the following: ment Agency (including such housing sup- the head of the Office of Health Affairs of the SEC. 536. REPORT ON URBAN AREA SECURITY plied through a third party), and whether the Department of Homeland Security, the Di- INITIATIVE. Federal Emergency Management Agency rector of the Centers for Disease Control and Not later than 180 days after the date of adequately addressed public health and safe- Prevention, and the Administrator of the enactment of this Act, the Government Ac- ty issues of households to which the Federal Environmental Protection Agency, shall, at countability Office shall submit a report to Emergency Management Agency provides a minimum, complete the initial short-term the appropriate congressional committees disaster housing (including whether the Fed- testing described in the previous proviso: which describes the criteria and factors the eral Emergency Management Agency ade- Provided further, That, to the extent feasible, Department of Homeland Security uses to quately notified recipients of such housing, the Administrator of the Federal Emergency determine the regional boundaries for Urban as appropriate, of potential health and safety Management Agency shall use a qualified Area Security Initiative regions, including a concerns and whether the institutional cul- contractor residing or doing business pri- determination if the Department is meeting ture of the Federal Emergency Management marily in the Gulf Coast Area to carry out its goal to implement a regional approach Agency properly prioritizes health and safe- the testing program designed under this with respect to Urban Area Security Initia- ty concerns of recipients of assistance from heading: Provided further, That, not later tive regions, and provides recommendations the Federal Emergency Management Agen- than 30 days after the date that the Adminis- for how the Department can better facilitate cy), and submit a report to Congress relating trator of the Federal Emergency Manage- a regional approach for Urban Area Security to that investigation, including any rec- ment Agency completes the short-term test- Initiative regions. ommendations’’. ing under this heading, the Administrator of AMENDMENT NO. 2521 On page 35, line 15, before the period, insert the Federal Emergency Management Agen- (Purpose: To provide for special rules relat- the following: ‘‘: Provided further, That not cy, in conjunction with the head of the Office ing to assistance concerning the Greens- later than 30 days after the date of enact- of Health Affairs of the Department of burg, Kansas tornado) ment of this Act, the Administrator of the Homeland Security, the Director of the Cen- At the appropriate place, insert the fol- Federal Emergency Management Agency ters for Disease Control and Prevention, and lowing: shall, as appropriate, update training prac- the Administrator of the Environmental SEC. ll. (a) In this section: tices for all customer service employees, em- Protection Agency, shall submit to the Com- (1) The term ‘‘covered funds’’ means funds ployees in the Office of General Counsel, and mittee on Appropriations and the Committee provided under section 173 of the Workforce other appropriate employees of the Federal on Homeland Security and Governmental Af- Investment Act of 1998 (29 U.S.C. 2918) to a Emergency Management Agency relating to fairs of the Senate a report describing the re- State that submits an application under that addressing health concerns of recipients of sults of the testing, analyzing such results, section not earlier than May 4, 2007, for a na- assistance from the Federal Emergency Man- providing an assessment of whether there are tional emergency grant to address the effects agement Agency’’. any health risks associated with the results of the May 4, 2007, Greensburg, Kansas tor- On page 40, line 24, before the period, insert and the nature of any such health risks, and nado. the following: ‘‘: Provided further, That not detailing the plans of the Administrator of (2) The term ‘‘professional municipal serv- later than 15 days after the date of enact- the Federal Emergency Management Agency ices’’ means services that are necessary to ment of this Act, the Administrator of the to act on the results of the testing, including facilitate the recovery of Greensburg, Kansas Federal Emergency Management Agency any need to relocate individuals living in the from that tornado, and necessary to plan for shall submit to the Committee on Appropria- trailers or mobile homes provided by the or provide basic management and adminis- tions and the Committee on Homeland Secu- Federal Emergency Management Agency or trative services, which may include— rity and Governmental Affairs of the Senate otherwise assist individuals affected by the (A) the overall coordination of disaster re- a report detailing the actions taken as of results, plans for the sale or transfer of any covery and humanitarian efforts, oversight, that date, and any actions the Administrator trailers or mobile homes (which shall be and enforcement of building code compli- will take, regarding the response of the Fed- made in coordination with the Adminis- ance, and coordination of health and safety eral Emergency Management Agency to con- trator of General Services), and plans to con- response units; or cerns over formaldehyde exposure, which duct further testing: Provided further, That (B) the delivery of humanitarian assistance shall include a description of any discipli- after completing longer-term testing under to individuals affected by that tornado. nary or other personnel actions taken, a de- this heading, the Administrator of the Fed- (b) Covered funds may be used to provide tailed policy for responding to any reports of eral Emergency Management Agency, in temporary public sector employment and potential health hazards posed by any mate- conjunction with the head of the Office of services authorized under section 173 of such rials provided by the Federal Emergency Health Affairs of the Department of Home- Act to individuals affected by such tornado, Management Agency (including housing, land Security, the Director of the Centers for including individuals who were unemployed food, water, or other materials), and a de- Disease Control and Prevention, and the Ad- on the date of the tornado, or who are with- scription of any additional resources needed ministrator of the Environmental Protection out employment history, in addition to indi- to implement such policy: Provided further, Agency, shall submit to the Committee on viduals who are eligible for disaster relief That the Administrator of the Federal Emer- Appropriations and the Committee on Home- employment under section 173(d)(2) of such gency Management Agency, in conjunction land Security and Governmental Affairs of Act. with the head of the Office of Health Affairs the Senate a report describing the results of (c) Covered funds may be used to provide of the Department of Homeland Security, the testing, analyzing such results, providing professional municipal services for a period the Director of the Centers for Disease Con- an assessment of whether any health risks of not more than 24 months, by hiring or trol and Prevention, and the Administrator are associated with the results and the na- contracting with individuals or organiza- of the Environmental Protection Agency, ture of any such health risks, incorporating tions (including individuals employed by shall design a program to scientifically test any additional relevant information from contractors) that the State involved deter- a representative sample of travel trailers the shorter-term testing completed under mines are necessary to provide professional and mobile homes provided by the Federal this heading, and detailing the plans and rec- municipal services. Emergency Management Agency, and sur- ommendations of the Administrator of the (d) Covered funds expended under this sec- plus travel trailers and mobile homes to be Federal Emergency Management Agency to tion may be spent on costs incurred not ear- sold or transferred by the Federal govern- act on the results of the testing. lier than May 4, 2007.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10110 CONGRESSIONAL RECORD — SENATE July 26, 2007 AMENDMENT NO. 2467, AS MODIFIED Mrs. MURRAY. I believe those are all The Federal Protective Service, or On page 69, after line 24, add the following: the amendments to come before the FPS, protects more than 1.1 million SEC. 536. DATA RELATING TO DECLARATIONS OF Senate. Federal employees located in more A MAJOR DISASTER. AMENDMENT NO. 2521 than 2,100 communities across our (a) IN GENERAL.—Notwithstanding any Mr. KENNEDY. Mr. President, on country. other provision of this Act, except as pro- May 4, Greensburg, KS, was devastated While protecting Federal buildings, vided in subsection (b), and 30 days after the the FPS also monitors the qualifica- date that the President determines whether by a tornado. Our thoughts and prayers to declare a major disaster because of an are very much with the many families tions and performance of 15,000 pri- event, and any appeal is completed; the Ad- affected by this disaster, and we fully vately contracted security guards. ministrator shall submit to the Committee support their rebuilding efforts. In 1995, after the Oklahoma City on Homeland Security and Governmental Af- I strongly support the amendment of- bombing, the General Services Admin- fairs of the Senate and the Committee on fered by Senator ROBERTS and Senator istration and Congress concluded that Homeland Security of the House of Rep- BROWNBACK to the Homeland Security FPS required 1,480 field personnel to do resentatives, and the Senate Committee on appropriations bill that would allow its duty. Appropriations and publish on the website of Greensburg to hire the essential work- After 9/11, as we face even greater the Federal Emergency Management Agen- threat, as we have rightfully height- cy, a report regarding that decision, which ers it needs to help rebuild the town. shall summarize damage assessment infor- The protections in current law gov- ened our security and vigilance here at mation used to determine whether to declare erning national emergency grants home, the Bush administration has a major disaster; under the Workforce Investment Act slashed FPS personnel to fewer than (b) EXCEPTION.—The Administrator may serve an important purpose. They en- 1,200. If it has its way, the administra- redact from a report under subsection (a) sure that the program is targeted to tion will cut that number to 950 in 2008. any data that the Administrator determines help workers who need it most, and is Just today, we learned that the FPS would compromise national security. not used to displace public sector has recently issued an internal docu- (c) DEFINITIONS.—In this section— workers with workers that do not re- ment, entitled ‘‘Increased Risk of Ter- (1) the term ‘‘Administrator’’ means the Administrator of the Federal Emergency ceive the same wage and merit system rorist Attack This Summer’’ detailing Management Agency; and protections. high-risk threats to Federal buildings (2) the term ‘‘major disaster’’ has the Greensburg, however, faces unique and employees. meaning given that term in section 102 of the circumstances. In the wake of the dis- The inspector general of the Depart- Robert T. Stafford Disaster Relief and Emer- aster, this small city has an obvious ment of Homeland Security, Richard L. gency Assistance Act (42 U.S.C. 5122). need for professionals—such as zoning Skinner, investigated the FPS. Among AMENDMENT NO. 2474 experts, planning professionals, and the disturbing findings: Only a dozen On page 17, line 6, before the period, insert building inspectors—with expertise FPS employees are tasked with check- the following: ‘‘: Provided further, the Sec- that is not readily available in the ing the credentials and performances of retary of Homeland Security shall ensure area. In these unique circumstances, the 5,700 guards in the DC area—‘‘an in- that the workforce of the Federal Protective the waivers provided for in this bill are adequate number’’ according to the Service includes not fewer than 1,200 Com- a reasonable response. It is obviously audit; 30 percent of contract security manders, Police Officers, Inspectors, and guards in the sample had at least one Special Agents engaged on a daily basis in not, however, a precedent for future re- protecting Federal buildings (under this cipients of these emergency grants. expired certification, security contrac- heading referred to as ‘in-service’): Contin- I hope very much that these waivers tors failing to perform security serv- gent on the availability of sufficient revenue will do as much as possible to help the ices according to terms and conditions in collections of security fees in this account people of Greensburg restore their city of their contracts. for this purpose. Provided further, That the and rebuild their lives, and I wish them The report concluded that many of Secretary of Homeland Security and the Di- well in the years ahead. the deficiencies cited occurred because rector of the Office of Management and AMENDMENT NO. 2474 FPS personnel were not effectively Budget shall adjust fees as necessary to en- monitoring the contract guard pro- sure full funding of not fewer than 1,200 in- Mrs. CLINTON. Mr. President, my service Commanders, Police Officers, Inspec- amendment is an amendment I wish I gram. tors, and Special Agents at the Federal Pro- did not have to offer. It is necessary, On May 1, 2007, Jim Taylor, the dep- tective Service’’. unfortunately, because of the adminis- uty inspector general for the Depart- AMENDMENT NO. 2522, AS MODIFIED tration’s continued plan to outsource ment of Homeland Security testified before the House Committee on Home- At the appropriate place, insert the fol- or privatize critical components of our lowing: homeland security. land Security and stated that further SEC. 536. NATIONAL TRANSPORTATION SECURITY I am proud to have Senators KEN- reductions in the FPS ‘‘could lead to CENTER OF EXCELLENCE. NEDY, SCHUMER, LAUTENBERG, AKAKA, uneven effects across the nation, per- If the Secretary of Homeland Security es- MENENDEZ, KERRY, MIKULSKI, CARDIN haps place some facilities at risk.’’ tablishes a National Transportation Security and the chairman and ranking member Last month, contract security guards Center of Excellence to conduct research and of the Senate Homeland Security and did not show up for work at the Depart- education activities, and to develop or pro- Government Affairs Committee respec- ment of Education and two Food and vide professional security training, including tively, Senator LIEBERMAN and Senator Drug Administration offices. The con- the training of transportation employees and tract guards’ employer had not paid 400 transportation professionals, the Mineta COLLINS, as cosponsors of this amend- Transportation Institute at San Jose State ment. employees in a month, citing financial University may be included as a member in- This amendment also has the en- difficulties. But FPS did pay the com- stitution of such Center. dorsement of the American Federation pany for its services. It turns out that AMENDMENT NO. 2524 of Government Employees. I will ask to the company’s president served 5 years (Purpose: To provide funding for security as- have printed in the RECORD their letter in jail for bank fraud and money laun- sociated with the national party conven- of support. dering. According to company’s general tions) Mr. President, the most recent key manager, the president of the company At the end of the bill, insert the following: judgments of the National Intelligence used company money to pay for luxury SEC. ll. Of amounts appropriated under Estimate were crystal clear: our home- condos here in the District of Columbia section 1003, $100,000,000, with $50,000,000 each land is under a ‘‘heightened threat en- and in Myrtle Beach, SC. to the Cities of Denver, Colorado, and St. vironment’’ and that al-Qaida is This latest episode only underscores Paul, Minnesota, shall be available for State undiminished in its goal in attacking the importance of not cutting the Fed- and local law enforcement entities for secu- us here at home. eral Protective Services staff, but in- rity and related costs, including overtime, At the very same time, despite a lot creasing it. It not only saves us from associated with the Democratic National of tough rhetoric, the Bush administra- Conventional and Republican National Con- wasting Federal resources—it could vention in 2008. Amounts provided by this tion wants to cut the only Federal save lives. section are designated as an emergency re- agency responsible for protecting near- My amendment would stop the De- quirement pursuant to section 204 of S. Con. ly 9,000 nonmilitary Federal buildings partment of Homeland Security from Res. 21 (110th Congress). nationwide. continuing to downsize the Federal

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10111 Protective Service. The amendment The Bush Administration is attempting to lighter ban stating, ‘‘We’re never going would require the Secretary of Home- unilaterally alter the mission of this critical to get lighters back into the cabin in land Security to assure that the work- homeland security agency despite the dem- carry-on baggage. We never really ar- force of the Federal Protective Service onstrated need for high security at federal gued with the TSA on that because we buiidings and complexes. It would be hard to includes no fewer than 1,200 com- forget that day in April 1995, when domestic don’t want to compromise safety in manders, police officers, and special terrorists Timothy McVeigh and Terry Nich- any way.’’ agents engaged on a daily basis in pro- ols drove up to the Alfred P. Murrah building And we all remember, in December tecting Federal buildings. in Oklahoma City and unleashed the first 2001, when Richard Reid, the so-called This amendment does not require an major terrorist attack in the U.S. In the ‘‘Shoe Bomber,’’ attempted to murder offset or any additional spending. FPS post–9/11 world in which we live, to eliminate 197 people onboard an American Air- operations are solely funded through the law enforcement and antiterrorism ac- lines flight when he attempted to set security fees and reimbursements paid tivities of the Federal Protective Service is off explosives hidden in his shoe using unthinkable. for by Federal agencies. The amend- a box of matches. According to the The Senate Appropriations Committee in- FBI, Reid likely would have been suc- ment would require the Office of Man- cluded strong language opposing the FPS agement and Budget and the Depart- plan and the House calls it an unfunded man- cessful if he had used a butane lighter. ment of Homeland Security to adjust date and requires the agency to negotiate se- The TSA claims that lifting the ban Federal building security fees as nec- curity agreements with every impacted state will free up time for security officers essary to ensure full funding of not and local law enforcement agency, yet the to focus on finding more high threat fewer than 1,200 in-service com- Department continues to press forward with items. However, the TSA is not lifting manders, police officers, inspectors, its misguided, dangerous initiative. the ban on all lighters. Passengers will For this reason it has become necessary to and special agents at the Federal Pro- still not be allowed to carry torch require the Department to maintain a speci- lighters or cigar lighters onboard an tective Service. fied level of manpower in order to insure our Mr. President, security on the cheap aircraft. continuing safety. In order to assure that the The result? Instead of banning all is no security at all. Our Nation faces FPS is restored to its full complement of lighters, security officers will now have serious threats—this Congress should personnel, Senator CLINTON will offer an demand a response by the Bush admin- amendment to the Homeland Security Ap- to differentiate between disposable bu- istration commensurate with the dan- propriations bill that requires the Depart- tane lighters and other lighters in ger—and the President’s own rhetoric. ment to maintain a minimum of 1200 total every single piece of luggage that they I ask my colleagues to join me to en- in-service personnel (Commanders, Inspec- have to inspect. Even on the TSA’s own tors, Police Officers and Special Agents). sure that the Federal Protective Serv- website the difference between what is This is based on a field staffing level for FPS acceptable and what is not is hard to ices has the personnel needed to do its of 1480 which was GSA’s target until 2003. job and that we do not send the mes- discern. The Federal Protective Service is an often And this justification has been tested sage that our Federal buildings are ex- overlooked, yet critical component of our before, when the TSA lifted the ban on posed. overall homeland security safety net. The small scissors and knives. In April, the Mr. President, last week’s key judg- GAO has been asked by the Chairman and Government Accountability Office re- ments of the National Intelligence Es- Ranking Member of the Senate Homeland leased a report on that decision. The timate made clear that al-Qaida has Security and Governmental Affairs Com- mittee to conduct a review of FPS funding GAO found that it is unclear whether ‘‘protected or regenerated key ele- and other issues. We strongly believe that in lifting that ban ‘‘had any impact on ments of its Homeland attack capa- view of that pending study, fundamental re- Transportation Security Officers’ abil- bility’’ and is now as strong as it was form of the FPS mission, such as the Admin- ity to detect explosives—a key goal for in 2001. istration is proposing, is inappropriate and the change.’’ I commend the work of Senator BYRD should be stopped. The decision to lift the ban on dispos- Sincerely, and the members of the Appropriations able butane lighters makes inspecting Committee for putting together a BETH MOTEN, Legislative and Political Director. luggage more difficult, makes the rules Homeland Security appropriations bill more complicated, and makes the skies AMENDMENT NO. 2487 that supports tough and smart meas- more dangerous. ures to make our country more secure. Mr. President, I would have called up So, let’s briefly summarize the TSA’s This is a must-pass piece of legislation amendment No. 2487. decision. You can bring a disposable that we cannot afford to delay and I This amendment is also cosponsored butane lighter but not a cigar lighter urge my colleagues on the other side of by Senator DORGAN. or a torch lighter. You can bring a the aisle not to obstruct this critical Mr. President, in a little over a week, fueled lighter onboard but you cannot legislation so we can implement these the Transportation Security Adminis- check it in your luggage. You can bring measures to make our country more tration plans to lift its ban on dispos- explosive liquid in the form of a fueled secure. able butane lighters, a decision that is butane lighter but cannot bring a large I ask unanimous consent to have both ill-advised and ill-considered. tube of toothpaste in the form of tooth- printed in the RECORD the letter to Lifting the ban on these lighters defies paste. And you don’t need the lighter which I referred. common sense and ignores the TSA’s anyway because you cannot smoke on- There being no objection, the mate- own recommendations. board. It seems that common sense has rial was ordered to be printed in the In March 2005, a TSA spokesman left the gate at the Transportation Se- RECORD, as follows: said, ‘‘The threat posed by lighters on curity Administration. AMERICAN FEDERATION OF board is valid.’’ TSA has warned that Mr. President, my amendment would GOVERNMENT EMPLOYEES, AFL-CIO, al-Qaida and those seeking to do us have continued to prohibit butane Washington, DC, July 24, 2007. harm intend to use everyday household lighters onboard an aircraft until the DEAR SENATOR: On behalf of the American items to conceal explosives and deto- TSA provides Congress a report identi- Federation of Government Employees, AFL- nate them on board airliners. fying all anticipated security benefits CIO, I urge you to support Senator Clinton’s In fact, the TSA actually wanted to amendment to the FY ’08 Homeland Security and any possible vulnerabilities associ- Appropriations bill to insure that our na- go further than banning lighters alone. ated with allowing butane lighters into tion’s federal buildings are adequately pro- The TSA wanted to ban matches, too. airport sterile areas and onboard an tected. For the past several months the De- But the Bush administration demanded aircraft, as well as any supporting partment of Homeland Security’s U.S. Immi- that the TSA conduct cost-benefit analysis justifying their conclusions. gration and Customs Enforcement has been analysis before banning matches, an- Further, my amendment would have implementing a proposal to eliminate over other decision that calls into question required the GAO to conduct an assess- 350 commanders, police officers, and special the commitment within the adminis- ment of the report submitted by TSA agents from the Federal Protective Service tration to matching security rhetoric (FPS). Experienced law enforcement officers to Congress. Until these reports were have been actively encouraged to leave the with smart security policies. Even the conducted, the ban on butane lighters agency. leaving vulnerable countless federal CEO of the Zippo Company, a company would remain in place. buildings that once receive around-the-clock that manufactures disposable butane My amendment has the support of FPS protection. lighters, expressed support for the the 55,000-member Association of

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10112 CONGRESSIONAL RECORD — SENATE July 26, 2007 Flight Attendants. I will ask that a Again, we look forward to working with The current SEPTA communications letter from the Association of Flight you to reinstate this common sense safety system does not permit communication Attendants be printed in the RECORD. procedure. inside the system’s 20-mile commuter Flight attendants are on the front Respectfully, tunnel network and underground con- PATRICIA A. FRIEND, lines in the event of a terrorist attack International President. courses. This puts significant limits on involving aircraft. They are our first SEPTA’s ability to deal with emer- responders onboard and understand FEDERAL LAW ENFORCEMENT gencies that occur in its underground what could constitute a dangerous tool OFFICERS ASSOCIATION, facilities. To address this matter, in the hands of a determined terrorist. Lewisberry, PA, July 26, 2007. SEPTA is working to develop a system After September 11, 2001, keeping weap- Hon. HILLARY CLINTON, that will allow the Authority to effec- ons—and any device that could be used U.S. Senate, tively participate in all emergency re- as a weapon—off passenger airplanes is Washington, DC. sponse and recovery actions which may DEAR SENATOR CLINTON: As the President not ‘‘security theatre.’’ It is security, of the Federal Law Enforcement Officers As- occur in the system’s tunnel network. plain and simple. sociation (FLEOA), representing over 25,000 This project will enable SEPTA to take My amendment also has the endorse- Federal law enforcement officers, I wish to measures to enhance safety and secu- ment of the Federal Law Enforcement offer our support for continuing the ban on rity. Officers Association, which represents butane lighters on commercial aircraft. Based upon my conversations with over 25,000 Federal law enforcement of- A decision to change the ‘‘Prohibited Item SEPTA officials, I understand that it ficers, including Federal Air Marshals. List’’ and allow butane lighters on commer- has been unable to fully utilize Federal I will ask that their letter of support cial aircraft could have potentially life homeland security funds in past years threatening consequences. If in the well be printed in the RECORD. known ‘‘shoe bomber case’’ Richard Reid had for this initiative. SEPTA officials re- In their letter, they say that ‘‘allow- used a butane lighter the results might have port that Federal restrictions require ing butane lighters onto commercial been catastrophic. expenditure of homeland security funds aircraft would jeopardize the safety of Both the flying public and TSA screeners within a 3-year time period. SEPTA of- both the flying public and the Federal have become accustomed to the ban on bu- ficials further report that imple- Air Marshals who protect them.’’ tane lighters and a change now would only menting a system-wide underground I ask that my colleagues join me in create confusion among them. Furthermore, communications network, including support of this amendment. Let’s re- allowing butane lighters onto commercial appropriate use of capital investment store common sense and do all we can aircraft would jeopardize the safety of both the flying public and the Federal Air Mar- planning and effective procurement to limit the kinds of potential weapons shals (FAMs) who protect them. practices, is not possible within this terrorists may employ onboard air- We fully support your efforts to keep bu- existing time frame. SEPTA has there- craft. tane lighters on the ‘‘Prohibited Item List’’ fore been unable to make the progress Mr. President, I ask unanimous con- however we continue to have concerns about it desired on this project. sent that the letters to which I referred certain items that have been removed in the Given the potential consequences of by printed in the RECORD. past. The safety of Federal law enforcement current restrictions, it was my hope There being no objection, the mate- officers who fly armed to prevent terrorist that an amendment expanding the rial was ordered to be printed in the attacks should never be compromised. The safety of the flight crew and the flying pub- timeframe for expenditure of fiscal RECORD, as follows: lic is of paramount importance to all of us. year 2008 Transit Security Grant Pro- ASSOCIATION OF FLIGHT If I can be of any assistance, please feel gram funds from the existing 36 ATTENDANTS—CWA, AFL–CIO, free to contact me at 917–738–2300. months to 48 months be adopted to en- Washington, DC, July 25, 2007. Sincerely, able transit systems across the nation, DEAR SENATOR CLINTON: On behalf of the ART GORDON, including SEPTA, to use their avail- 55,000 members from 20 Airlines represented National President. by the Association of Flight Attendants— able funds in a more flexible manner. FUNDING FOR MASS TRANSIT AND COMMUTER CWA, I am writing to express our support for It is my understanding that the RAIL SYSTEMS your efforts to reinstitute the ban on light- chairman of the Appropriations Com- ers onboard passenger aircraft. We look for- Mr. CASEY. Mr. President, I would mittee, as well as the chairman of the ward to working with you to reinstitute this like to engage in a brief colloquy with authorizing committee, the Banking, common sense security measure. the distinguished chairman of the Ap- Housing, and Urban Affairs Committee, As the first responders onboard passenger propriations Committee, Senator has several concerns regarding this aircraft, we were extremely frustrated with BYRD, concerning the amendment I amendment. I fully appreciate the the decision by the Transportation Security have filed to the pending bill on the Administration (TSA) in December of 2005 to valid points they raise and look for- lift the ban on scissors, screwdrivers and floor regarding the use of Transit Secu- ward to working with them to come to other tools that could be used as potential rity Grant Program funding for mass an appropriate solution. I would note weapons onboard the aircraft. Such a move transit and commuter rail systems that the distinguished Member from by the TSA was shortsighted and not in the across the Nation. My fellow home West Virginia has been very supportive best interest of the overall security of pas- State Senator, Mr. SPECTER, is a co- of assistance in providing appropriate senger aircraft and our aviation system. Fur- sponsor of this amendment. As the Federal funding for important home- thermore, they failed to take into consider- chairman is aware, the Southeastern land security initiatives in my home ation the concerns of flight attendants, Pennsylvania Transit Authority, those that are jeopardized the most by re- State and I wish to convey my grati- introducing these dangerous items into our SEPTA, is the fifth largest public tude. workplace. transportation system in the Nation. Mr. BYRD. I thank the distinguished This recent TSA decision to lift the ban on SEPTA’s mulimodal transit system Member from Pennsylvania for his re- lighters is no different. It is yet another provides a network of fixed-route serv- marks on the amendment he has filed. shortsighted move on their part to sup- ice, including bus, subway, subway-sur- The safety and security of our Nation’s posedly free up screener time to check for face, regional rail, light rail, trackless mass transit systems is a critical pri- other, more dangerous, items. If the shoe trolley and paratransit service. The ority for me. We only need be reminded bomber, Richard Reid, had a lighter during his efforts to bring down an American Air- SEPTA service area includes the heav- of the terror attacks in Madrid on a lines flight he most likely would have suc- ily populated southeastern Pennsyl- commuter rail system in 2004 and in ceeded. The ban on lighters was a common vania counties of Bucks, Chester, Dela- London on the underground system in sense move to prevent another tragedy and ware, Montgomery, and Philadelphia. 2005 to appreciate the magnitude and must be reinstated. This area encompasses approximately urgency of the threat to our transit Flight attendants are in a unique position, 2,200 square miles. SEPTA serves over and rail networks. as the first responders onboard all passenger one-half million customers daily and I look forward to working with my aircraft, to know what could constitute a provides over 303 million passenger colleague to help ensure that SEPTA, dangerous tool in the hands of a determined terrorist. We remain adamant that TSA trips annually. The safety and security and all mass transit and commuter rail must reinstitute its ban on small blades and of its passengers, infrastructure and systems, have the necessary resources tools and this recent decision to allow light- equipment is a priority for SEPTA and to ensure their safety and security, in- ers onboard the aircraft should be reinstated. it is a priority for me. cluding facilitation of communications

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DHS defend against what the recently funds, I look forward to working with This is about our national security. declassified National Intelligence Esti- you and the Federal Emergency Man- This is about making sure that we have mate, NIE, concluded will be ‘‘a per- agement Agency to find an appropriate the resources to stop a terrorist from sistent and evolving terrorist threat solution that meets the legitimate bringing materials for a dirty bomb in over the next three years.’’ safety needs of the passengers and em- from Canada. It’s about stopping the The President, however, has threat- ployees of the system. flow of illegal immigrants and illegal ened to veto this bill and hold up essen- THE NORTHERN BORDER drugs like meth and marijuana that tial security funding because its fund- Mr. LEVIN. Mr. President, the PA- come in from the north each year. ing level is slightly above his budget TRIOT Act required that DHS triple So I thank Chairman BYRD for clari- request. After years of underfunding the number for border patrol agents at fying that the additional Border Patrol homeland security, cutting taxes for the northern border, the Trade Act of personnel and funding contained in the the wealthy at the expense of the mid- 2002 required 285 additional customs in- Graham-Pryor amendment is not just dle class, and failing to veto one pork- spectors for the northern border and going to go to the southern border, but laden spending bill passed by the GOP the Intelligence Reform and Terrorism will go to both of our borders. This Congress, it is hard to take the Presi- Prevention Act of 2004 included a provi- amendment is vital to our homeland dent’s sudden conversion to fiscal re- sion that authorized an increase of security, and I think that if the north- sponsibility seriously. He has long 2,000 U.S. border protection agents ern border gets 20 percent of the re- since proven his appetite for spending each year from FY2006 through FY2010 sources outlined in the amendment, we beyond our means and has lost the sup- and further required that 20 percent of will have really done something sig- port of his fiscally conservative base. the increase in agent manpower each nificant to enhance the security of our In crafting this and other spending fiscal year be assigned to the northern 4,300 mile border with Canada. And so I bills, the Democratically-controlled border. However, nearly a third of thank the authors of the amendment, Congress is meeting our needs while those agents have not been deployed to one of whom is here with us. adhering to pay-as-you-go rules which Senator GRAHAM, can you clarify the northern border. According to the will help stem the record deficits of the that the intent of your amendment was Congressional Research Service, the last 6 years. This critical legislation to make additional Border Patrol gap between the authorized level of funds important programs to protect agents and funding available for both Customs and Border Protection officers the border, improve aviation security, the northern and southern border? fund and train first responders, and at the northern border and the actual Mr. GRAHAM. My friend from Mon- provide disaster relief to the States, number of officers deployed there will tana is correct. The intent of the and it does it without busting the be roughly 1,517 in FY2008. amendment was to improve our secu- I am pleased that the Senate just budget. rity and increase assets at both the I am especially pleased that the bill passed the Graham-Pryor amendment northern and southern borders. that will provide $3 billion for border provides $1 billion above the Presi- AMENDMENT NO. 2481 security and 23,000 full time agents to dent’s budget request for State and Mr. SPECTER. Mr. President, I seek our borders. I ask my friend from West local grant programs such as the Urban recognition to explain my vote against Virginia, the chairman of the Appro- Area Security Initiative and Port Se- the DeMint amendment no. 2481 to the priations Committee, is it the intent of curity Grant Program. This will ensure Fiscal Year 2008 Homeland Security that Massachusetts and other strategi- the amendment to provide those assets Appropriations Act. to both the northern and southern bor- I voted against the DeMint amend- cally important States receive an in- ders, and, to further implement the au- ment because it prohibited the Sec- crease in counterterrorism funding in thorizations I mentioned, to deploy retary from modifying the existing list 2008. I remained concerned, however, more agents to the northern border? of crimes disqualifying someone from that DHS still does not award grants Mr. BYRD. I appreciate my friend receiving a Transportation Worker solely according to risk. Given the so- from Michigan’s concern about the Identification Credential when cir- bering conclusions of the NIE, we can- northern border and tell him that yes, cumstances warrant a regulatory not afford to misallocate homeland se- the amendment is meant to increase change. Sound public policy requires curity grants. I thank Chairman BYRD staffing at both of our borders and it is flexibility on such matters and Con- and Senator COCHRAN for accepting an not the intent of the amendment to gress can rely on the Secretary, a Cabi- amendment that I offered which re- favor one border over the other. The net official, to exercise sound discre- quires the Government Accountability Appropriations Committee has been tion. If the Secretary fails to do so, Office to review the methodology the clear in its support for the Border Pa- Congress can always intervene and department uses to rank States and trol and its mission of preventing entry change the law. cities according to risk. Congress needs into the Untied States of illegal aliens, Mr. BIDEN. Mr. President, today I to know this information so that it can terrorists, weapons of mass destruction voted in favor of tabling the Alexander- make informed decisions regarding the and other illicit goods or individuals. Collins amendment on the REAL ID Department’s grant policies. Further, in recognition of the impor- Act, Senate Amendment 2405, because I I also want to thank Chairman BYRD tance of security at our northern bor- wanted to prevent reducing by almost 1 and Senator COCHRAN for accepting my der, the Appropriations Committee has percent critical Federal spending on amendment to create a pilot program directed the Secretary of Homeland Se- port and rail security, first responders’ to test automated document authen- curity to assign to the Northern Border resources, and other homeland security tication technology at ports of entry. 20 percent of the net increase in agents protections. Rail infrastructure is the The technology DHS uses to authen- in fiscal year 2008. most widely attacked terrorist target ticate foreign travel documents is un- Mr. TESTER. I thank Senator BYRD in the world, and we must increase, not fortunately no better now than on 9/11. for this important clarification. I decrease, funding for our railroads. It simply checks personal information thank Senator LEVIN for being such a Similarly, port security is a top pri- against databases which we know are leader on this issue. I think it is impor- ority in our antiterrorism campaign, not always accurate. In keeping with tant that people understand that this and I opposed this effort to divert fund- the recommendations of the 9/11 Com- is not an issue that the northern states ing from protecting our ports. I appre- mission, this pilot program will hope- just decided to raise in the interest of ciate the work of my colleagues on the fully compel DHS to deploy technology getting our fair share. It is a matter of Senate Appropriations Committee to that can detect security features and national security. The 9/11 Commis- craft a balanced spending bill. distinguish between real and fraudu- sion’s report cites a lack of balance in Mr. KERRY. Mr. President, I support lent travel documents. DHS is spending manpower between the northern and the fiscal year 2008 Department of millions to implement the US–VISIT

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Ridership is already ability to detect fraudulent travel doc- installation of explosive detection sys- up in 2007 by 5 percent. On an average uments. tems at airports. weekday, nearly a million New The Senate also adopted a bipartisan The funding levels in this bill reflect Jerseyans rely on our transit systems amendment to add $3 billion in emer- our commitment to protecting the to get to work, including trains, buses, gency spending to help DHS hire more American people, and I am hopeful and light rail lines. Border Patrol agents, detention beds, they will be maintained in conference This funding for port and rail secu- and monitoring equipment along the and that we can quickly get this legis- rity is vital for our State. border which we all agree it needs. This lation to the President for his signa- In 2006, the President—with great amendment, while important, is not a ture. fanfare—signed a port security which substitute for finishing work on com- Mr. LAUTENBERG. Mr. President, I authorized $400 million for port secu- prehensive immigration reform legisla- rise in strong support of the Homeland rity grants this year. But then he tion, and I hope that Congress will re- Security appropriations bill now on the failed to fund it. visit this important issue. Keeping 12 floor. As a member of the Senate Ap- The Senate is prepared to follow million undocumented workers in the propriations Committee’s Sub- through on the promise of this vital shadows is neither good for our econ- committee on Homeland Security, I am funding. omy or our security. proud of the bill we crafted. This bill I am also proud that we are working Mr. President, H.R. 2368 provides for will provide our country with more of to protect our homeland—and our the first time adequate funding for the resources it needs to protect our economy—from terrorists who set their agencies and programs within DHS. It communities and secure our residents. sights on hazardous cargoes at sea. would be irresponsible and reckless for Homeland security is particularly Senators INOUYE, STEVENS and I in- the President to veto this bill, and I important to my home State. New Jer- troduced legislation earlier this year to hope he reconsiders his position. sey lost 700 people on 9/11 families torn better protect maritime vessels car- Mr. LEVIN. Mr. President, I will sup- apart and lives ended without ever see- rying hazardous chemicals and petro- port final passage of the Homeland Se- chemicals. I am pleased that the com- curity appropriations bill today being loved ones again. And New Jersey is ripe with targets mittee has agreed with my request to cause its funding is vital to our first for terrorists, from our ports to our include funding for maritime hazardous responders and all of those responsible chemical plants. In fact, the FBI has cargo protection—including liquefied for protecting us. Although all Americans are united in stated that the most dangerous 2 miles natural gas—in this Homeland Secu- our commitment to secure our home- in America for terrorism lie within the rity bill. land, the administration’s budget has stretch of land from Port Newark to I am further pleased that the com- too often not reflected that commit- Newark Liberty International Airport. mittee acknowledged in the Report for ment. In particular, we have not kept The level of funding for the Depart- this bill the need to expand the labora- faith with our first responders by giv- ment of Homeland Security directly af- tory space at the Transportation Secu- ing them the tools they need, and we fects the safety of residents in my rity Lab, TSL, in Pomona, NJ, in order have not done enough to secure our State. to accommodate the Department’s ex- borders. I am glad that this bill will That is why I’m glad that this legis- plosives detection equipment certifi- make much needed improvements on lation would invest $37.6 billion into cation program. This program certifies these and other issues. making our homeland safer and more all explosives detection equipment The bill appropriates $37.6 billion for secure. used by the Transportation Security homeland security programs for fiscal This figure is $2.2 billion more than Administration, and provides certifi- year 2008, which is an increase of $2.2 what President Bush asked for. And be- cations to equipment vendors. It is billion over the President’s budget. cause of that, the President is threat- clear that this facility must be ex- Perhaps most significantly, the legisla- ening to veto the bill. This is aston- panded to safely accommodate this im- tion provides vital funding to our first ishing and it is wrong—$2.2 billion is portant program. responders to protect our country from less money than we spend in 1 week in Finally, I am glad the Senate is once a terrorist attack and ensure that we Iraq. again going on record to support my are able to respond adequately should The Senate must stand up, pass this provision to protect the rights of states such an attack occur. Specifically, it legislation, and begin to turn a corner to pass chemical security laws that are provides $525 million for the State to provide more money to effectively stronger than Federal regulations. Homeland Security Grant Program, defend our homeland. DHS recently put rules into effect for $820 million for the Urban Area Secu- In addition to more money for border the Federal regulation of chemical rity Initiative, $700 million for the as- security, this bill provides critical plant security. But in doing so, the sistance to firefighters grants and $300 funding for first responders, including agency wants to preempt states from million for emergency management $560 million for firefighter equipment enacting stronger chemical security performance grants. grants, $525 million for the State laws. This is the wrong approach. To secure our borders, a total of $10.2 Homeland Security Grant Program— The language in the Homeland Secu- billion is provided for Customs and which is $275 million above the Presi- rity funding bill before us wisely pre- Border Protection. I am pleased that, dent’s request—and $375 million for law serves the right of states to adopt in addition to the funding in the under- enforcement and terrorism prevention chemical security measures stronger lying bill, the Senate also adopted an grants. than Federal regulations. This lan- amendment to add an additional $3 bil- This bill also doubles port and rail guage is supported by the chairs of the lion for border security which will en- security grants in the Bush proposal to 9/11 Commission, the National Gov- able the Department of Homeland Se- $400 million. ernors Association, and the National curity to hire, train and deploy 23,000 The Port of New Jersey and New Conference of State Legislatures. additional full-time boarder patrol York is largest port on the east coast— Simply put: preempting State laws agents and provide other essential se- and the second-busiest container port would make the people of my State and curity measures at our borders. The in the country. Our ports in south Jer- other States less safe. legislation also provides $4.432 billion sey are part of the Delaware River port The language in this bill will allow for immigration and customs enforce- system, which is the busiest crude oil States to go beyond the Federal regula- ment, including $146 million for 4,000 tanker port in the country. Through tions as long as there is no actual con- new detention beds. these ports, many goods and materials flict with the federal regulations. This

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10115 means that unless it is impossible to My Republican colleagues hope we NAYS—4 comply with both State law and Fed- can operate this way. I think it will be Coburn Inhofe eral law, the State law is not pre- the best way to operate in the fall if we DeMint Voinovich empted. actually intend to legislate. NOT VOTING—7 Between the increases in funding for The PRESIDING OFFICER. If there Brownback Johnson Obama first responders, port, rail and mari- are no further amendments, the ques- Coleman Lott time security, and the protection of tion is on agreeing to the substitute, as Dodd McCain States rights to pass chemical security amended. The bill (H.R. 2638), as amended, was laws that are stronger than Federal The amendment (No. 2383), as amend- passed. regulations, this is the right bill at the ed, was agreed to. (The bill will be printed in a future right time. edition of the RECORD.) I encourage my colleagues to support The PRESIDING OFFICER. The question is on the engrossment of the Mrs. MURRAY. I move to reconsider this legislation and I urge the Presi- the vote. dent to sign it into law. amendment and third reading of the bill. Mr. DURBIN. I move to lay that mo- Mr. MCCONNELL. Mr. President, tion on the table. The amendment was ordered to be today marks an important milestone The motion to lay on the table was engrossed, and the bill to be read a for this Congress. It seems that after agreed to. third time. spending the first half of the year stag- The PRESIDING OFFICER. Under ing political show-votes and investiga- The bill was read the third time. the previous order, the Senate insists tions, our friends on the other side The PRESIDING OFFICER. The bill on its amendment and requests a con- have woken up to the fact they only having been read the third time, the ference with the House, and the Chair had two things to show for it: an question is, Shall the bill pass? appoints the following conferees: angrier base and a long to-do list. In Mrs. MURRAY. Mr. President, I ask The Presiding Officer appointed Mr. the fog of battle they forgot that get- for the yeas and nays. BYRD, Mr. INOUYE, Mr. LEAHY, Ms. MI- ting things done in the Senate takes The PRESIDING OFFICER. Is there a KULSKI, Mr. KOHL, Mrs. MURRAY, Ms. cooperation. LANDRIEU, Mr. LAUTENBERG, Mr. NEL- We have cooperated on this bill. And sufficient second? There is a sufficient SON of Nebraska, Mr. COCHRAN, Mr. it is a lot better for it. I am extremely second. GREGG, Mr. STEVENS, Mr. SPECTER, Mr. pleased the majority ultimately ac- The clerk will call the roll. DOMENICI, Mr. SHELBY, Mr. CRAIG, and cepted Senator GRAHAM’s border secu- The legislative clerk called the roll. Mr. ALEXANDER conferees on the part rity amendment. We got the message Mr. DURBIN. I announce that the of the Senate. last month: border security first. And Senator from Connecticut (Mr. DODD), The PRESIDING OFFICER. The Sen- now, thanks to this effort, we will be the Senator from South Dakota (Mr. ator from Washington. delivering a $3 billion downpayment on JOHNSON), and the Senator from Illi- Mrs. MURRAY. Mr. President, I a stronger border. I also appreciate nois (Mr. OBAMA) are necessarily ab- thank all Senators who worked very Senator CORNYN’s insistence that inte- sent. hard to get the Homeland Security ap- rior enforcement be a part of that fund- Mr. MCCONNELL. The following Sen- propriations bill completed. I thank ing. To us it’s pretty simple: there is ators are necessarily absent: the Sen- Senator COCHRAN and Senator BYRD, no homeland security without border ator from Kansas (Mr. BROWNBACK), the managers of the bill. It has been a long security. We will continue to push this Senator from Minnesota (Mr. COLE- process. We got a lot accomplished. We idea on the floor of the Senate in the MAN), the Senator from Mississippi have one appropriations bill that we coming weeks and months. Today is (Mr. LOTT), and the Senator from Ari- will now send to conference. I espe- just the beginning. zona (Mr. MCCAIN). cially thank the staffs who spent long A lesson we can learn from the last 6 Further, if present and voting, the hours. months is that there is a cost to every- Senator from Minnesota (Mr. COLEMAN) I ask unanimous consent to have thing. And the cost of putting off legis- would have voted ‘‘yea.’’ their names printed in the RECORD and lating in favor of around-the-clock pol- to thank them publicly. itics is that there isn’t much to show The PRESIDING OFFICER. Are there There being no objection, the mate- for it in the end. any other Senators in the Chamber de- It has been my view all along that we siring to vote? rial was ordered to be printed in the should have been working on appro- The result was announced—yeas 89, RECORD, as follows: priations bills all summer. Here we are nays 4, as follows: MAJORITY STAFF almost in August and we have only [Rollcall Vote No. 282 Leg.] Charles Kieffer Chip Walgren passed one. So we are looking at a po- YEAS—89 tential train wreck in September. But Scott Nance Akaka Dorgan Menendez Drenan E. Dudley it is possible that if we work together, Alexander Durbin Mikulski Tad Gallion like we did this time, we can still make Allard Ensign Murkowski Christa Thompson good progress. And I hope we do. Barrasso Enzi Murray Adam Morrison A brief word about cloture. Look: Baucus Feingold Nelson (FL) Bayh MINORITY STAFF anybody who has been in the Senate Feinstein Nelson (NE) Bennett Graham Pryor Rebecca Davies for more than a week will tell you—if Biden Grassley Reed Carol Cribbs Bingaman Gregg they are being honest—that 40 or so Reid Mark Van de Water cloture votes in 6 months isn’t a sign of Bond Hagel Roberts Boxer Harkin Rockefeller f minority obstruction; it is a sign of a Brown Hatch Salazar Bunning Hutchison IMPLEMENTING RECOMMENDA- majority that doesn’t like the rules. Sanders Burr Inouye The cloture club shouldn’t be the first Schumer TIONS OF THE 9/11 COMMISSION Byrd Isakson option. It should be the last. Hopefully Cantwell Kennedy Sessions ACT OF 2007—CONFERENCE RE- today’s vote is also a sign that we are Cardin Kerry Shelby PORT Carper Klobuchar Smith moving away from cloture as a first re- Snowe The PRESIDING OFFICER. Under sort. Casey Kohl Chambliss Kyl Specter the previous order, the Senate will pro- I hope the majority will follow Clinton Landrieu Stabenow ceed to the consideration of the con- through on a pledge that the senior Cochran Lautenberg Stevens ference report to accompany H.R. 1, Collins Leahy Sununu Senator from Illinois made on the first Conrad Levin Tester which the clerk will report. day of the session. He said the Amer- Corker Lieberman Thune The assistant legislative clerk read ican people put Democrats in the ma- Cornyn Lincoln Vitter as follows: jority ‘‘to find solutions, not to play to Craig Lugar Warner Crapo Martinez Webb The committee of conference on the dis- a draw with nothing to show for it.’’ Dole McCaskill Whitehouse agreeing votes of the two Houses on the Very well said. Domenici McConnell Wyden amendment of the Senate to the bill (H.R. 1)

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10116 CONGRESSIONAL RECORD — SENATE July 26, 2007 to provide for the implementation of the rec- have passed on the floor and to avoid lican conferees in both the House and ommendations of the National Commission the watering down and the gutting of a the Senate. on Terrorist Attacks Upon the United very important port security measure. In my opinion, the difference is not States, having met, after full and free con- The Senate has voted 93 to 1 tonight. ference, have agreed that the House recede great. We simply give the Secretary of from its disagreement to the amendment of The House voted last week on the same Homeland Security the authority, with the Senate and agree to the same with an measure 354 to 66. his judgment as the protector of our amendment, and the Senate agree to the What the 9/11 Commission bill does is homeland security, to decide when and same, signed by a majority of the conferees allow the Secretary to eliminate or if certain of these enumerated convic- on the part of both Houses. change listed felonies, allowing TWIC tions ought not any longer to be a pro- The Senate proceeded to the consid- cards, these secure area cards, to pos- hibition to working in our ports. eration of the conference report. sibly be given to those who have been I respect Senator DEMINT’s position, (The conference report is printed in convicted of smuggling, arson, kidnap- but what he has asked us to do is to re- the House proceedings of the RECORD of ping, rape, extortion, bribery, money commit the bill and delay all of the im- July 25, 2007.) laundering, hostage taking, unlawful provements in security that come with The PRESIDING OFFICER. The Sen- use of a firearm, drug dealing, immi- the underlying bill. So my colleagues ator from Connecticut is recognized. gration violations, assault with intent will have to answer the question about Mr. LIEBERMAN. Mr. President, I to kill, robbery, fraudulent entry to a whether it is worth it, whether it is ask unanimous consent that we pro- seaport or racketeering. ceed as under the previous order to de- These are serious crimes. Although worth delaying provisions that will ensure better security against attacks on bate Senator DEMINT’s motion to re- there is often talk of giving people a commit the conference report and that second chance, that second chance airplanes, better security with regard following the vote on the DeMint mo- should not come at the expense of the to maritime and air cargo, better secution, if his motion is defeated, the Sen- security of our Nation. rity against terrorists entering this ate vote on the conference report as Mr. President, I send this motion to country via, for instance, the visa under the previous order, with the de- the desk, which they have, and ask for waiver program, better technology and bate time on the conference report re- its consideration. support for our first responders, and a served for after the votes; further that The PRESIDING OFFICER. The provision to provide immunity from li- the time on the motion to recommit be clerk will report. ability for citizens who see what they reduced to 10 minutes equally divided. The legislative clerk read as follows: take reasonably and in good faith to be The PRESIDING OFFICER. Is there The Senator from South Carolina [Mr. action that appears to them to be asso- objection? DEMINT] moves to recommit H.R. 1, an act to ciated with a terrorist attack. We pro- The Republican leader. provide for the implementation of the rec- tect them from liability from those Mr. MCCONNELL. Mr. President, re- ommendations of the National Commission they are complaining against. serving the right to object—I will not on Terrorist Attacks upon the United States, If we do not pass this legislation to- object, obviously—I want to thank all to the conference on the disagreeing votes of night and enable the House to pass it the two Houses on such bill, with an instruc- Senators on both sides for being willing tion that the conferees on the part of the next week, we are going to be delaying to make their remarks after the vote. I Senate insist on the matter contained in sec- its movement to the President and its do not object. tion 1455 of the Senate engrossed amend- enactment into law. The PRESIDING OFFICER. Without ment, which prohibits the issuance of trans- So I respectfully oppose the motion objection, it is so ordered. portation security cards to convicted felons. and ask my colleagues to vote against The Senator from South Carolina is Mr. DEMINT. Mr. President, I ask my recommittal. recognized. colleagues to recommit this bill. It is I thank the Chair and yield back my MOTION TO RECOMMIT something that can be done quickly remaining time. Mr. DEMINT. Mr. President, I know without delaying the final passage of The PRESIDING OFFICER. Who we are all tired and we have agreed to this conference report, but it restores a yields time? cut this short. But this 9/11 Commis- very important provision we all voted sion bill is very important and a part on. I hope we can all support this mo- The majority leader is recognized. of it that we have talked about tonight tion to recommit. Mr. REID. Mr. President, thank you. and actually for the last year is port I reserve the remainder of my time. We have accomplished a lot today. security. All of us agreed once again The PRESIDING OFFICER. Who We have had a few blowups but not for tonight that we should not allow con- yields time in opposition? long. That is the way it is. For those of victed, serious felons to have access to The Senator from Connecticut. us who have been here a while, this re- secure areas of our ports. Unfortu- Mr. LIEBERMAN. Mr. President, minded us all of how we used to legis- nately this amendment tonight was on with respect to my friend from South late. This is fun for us legislators. It is an appropriations bill, and it restricted Carolina, I rise to urge my colleagues great. the use of funds for 1 year. We have to defeat this motion to recommit. I am so happy we did not file cloture passed another time as part of the Safe Like all legislation that makes it out on this bill. We were able to work Ports Act—94 to 2—to do this same of both Chambers and onto the Presi- through it. I would say that we have thing: to take the Department of dent’s desk, this bill contains com- earned tomorrow off. I am anxious the Homeland Security regulations they promise. Compromises are at the heart people who have the important trip to passed after careful study and codify it of the legislative process, reconciling Greenland will be able to do that. We into law. But the 9/11 conference bill differences between the House and the will not be in session tomorrow. The has come back to us and, once again, Senate. In fact, this process is at the next vote will be on the children’s gutted that provision. very heart of this remarkable system health bill sometime Monday. We will The reason it has been gutted is this: our Founding Fathers designed for us. do it Monday. The first vote will be at Once we pass this conference report the So it was with this legislation. about 5:15 or 5:30 on Monday night. I way it is, and it allows the Secretary In some cases, the House yielded to think that should be about it. We will to waive, to change, or to leave certain the Senate; in others, the Senate yield- have this vote. We will finish this vote felonies that are listed, then it opens ed to the House. That is why we have a and one more, and then we will have the whole regulatory process to lawsuit conference report that, on balance, will some speeches, and that will be it for and challenge on a continuous basis. greatly strengthen our homeland secu- the day. We have voted in the open tonight to rity. stop that from happening, to stop con- I would say to Senator DEMINT that The PRESIDING OFFICER. The sup- victed felons from working in secure I supported his language in the original porters of the motion have 2 minutes 12 areas of our ports. My motion tonight Senate bill. It was slightly modified in seconds. The opponents of the motion is very simple. It is to recommit this conference. That happens. But we have 1 minute 1 second. bill to committee to restore the ended up with language that had the Mr. DEMINT. Mr. President, I yield amendment in the exact words that we support of both Democratic and Repub- back the remainder of my time.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10117 Mr. LIEBERMAN. Mr. President, I Mr. DURBIN. I announce that the The ACTING PRESIDENT pro tem- yield back the remainder of my time. Senator from Connecticut (Mr. DODD), pore. Objection is heard. The PRESIDING OFFICER. The the Senator from South Dakota (Mr. CLOTURE MOTION question is on agreeing to the motion JOHNSON), the Senator from Illinois Mr. REID. In view of the objection, I to recommit. (Mr. OBAMA) are necessarily absent. now move to proceed to calendar No. Mr. LIEBERMAN. Mr. President, I Mr. McCONNELL. The following Sen- 58, H.R. 976, and I send a cloture mo- ask for the yeas and nays. ators are necessarily absent: the Sen- tion to the desk. The PRESIDING OFFICER. Is there a ator from Kansas (Mr. BROWNBACK), the The ACTING PRESIDENT pro tem- sufficient second? Senator from Minnesota (Mr. COLE- pore. The cloture motion having been There appears to be a sufficient sec- MAN), the Senator from Mississippi presented under rule XXII, the Chair ond. (Mr. LOTT), and the Senator from Ari- directs the clerk to read the motion. The clerk will call the roll. zona (Mr. MCCAIN). The legislative clerk read as follows: The legislative clerk called the roll. Further, if present and voting, the CLOTURE MOTION Mr. DURBIN. I announce that the Senator from Minnesota (Mr. COLEMAN) We, the undersigned Senators, in accord- Senator from Connecticut (Mr. DODD), would have voted ‘‘yea.’’ ance with the provisions of rule XXII of the the Senator from South Dakota (Mr. The ACTING PRESIDENT pro tem- Standing rules of the Senate, hereby move to JOHNSON), and the Senator from Illi- pore. Are there any other Senators in bring to a close debate on the motion to pro- nois (Mr. OBAMA) are necessarily ab- the Chamber desiring to vote? ceed to Calendar No. 58, H.R. 976, the Small sent. The result was announced—yeas 85, Business Tax Relief Act of 2007. Mr. MCCONNELL. The following Sen- nays 8, as follows: Harry Reid, Max Baucus, Bernard Sand- ators are necessarily absent: the Sen- ers, Jeff Bingaman, Ted Kennedy, [Rollcall Vote No. 284 Leg.] ator from Kansas (Mr. BROWNBACK), the Maria Cantwell, B.A. Mikulski, Bar- YEAS—85 bara Boxer, Daniel K. Inouye, Chris- Senator from Minnesota (Mr. COLE- topher Dodd, Patty Murray, Benjamin MAN), the Senator from Mississippi Akaka Durbin Murray Alexander Ensign Nelson (FL) L. Cardin, Barack Obama, Kent (Mr. LOTT), and the Senator from Ari- Allard Feingold Nelson (NE) Conrad, Dick Durbin, Ken Salazar, zona (Mr. MCCAIN). Baucus Feinstein Pryor Blanche L. Lincoln, Jack Reed. Bayh Grassley Further, if present and voting, the Reed Mr. REID. Mr. President, I ask unan- Senator from Minnesota (Mr. COLEMAN) Bennett Gregg Reid Biden Hagel imous consent that the mandatory would have voted ‘‘nay.’’ Roberts Bingaman Harkin Rockefeller quorum be waived. The PRESIDING OFFICER. Are there Bond Hatch Salazar The ACTING PRESIDENT pro tem- Boxer Hutchison any other Senators in the Chamber de- Sanders Brown Inouye pore. Without objection, it is so or- siring to vote? Schumer Bunning Isakson dered. Sessions The result was announced—yeas 26, Burr Kennedy Mr. REID. Mr. President, finally, I nays 67, as follows: Byrd Kerry Shelby Smith hope that Monday, after the Repub- [Rollcall Vote No. 283 Leg.] Cantwell Klobuchar Cardin Kohl Snowe licans have a chance to study this leg- YEAS—26 Carper Landrieu Specter islation, we can move without a vote to Alexander Crapo Isakson Casey Lautenberg Stabenow this most important legislation. I had Chambliss Leahy Stevens Barrasso DeMint Kyl indications from the other side that Bunning Dole McConnell Clinton Levin Sununu Burr Ensign Sessions Cochran Lieberman Tester that may be the case. If that is not the Collins Lincoln Chambliss Enzi Shelby Thune case, we will try to invoke cloture on Conrad Lugar Coburn Graham Sununu Vitter this matter. Corker Grassley Corker Martinez Voinovich Thune Cornyn McCaskill I appreciate everybody’s hard work Cornyn Hutchison Vitter Warner Craig Inhofe Craig McConnell Webb today. I now withdraw the motion. Crapo Menendez Whitehouse The ACTING PRESIDENT pro tem- NAYS—67 Domenici Mikulski Wyden Dorgan Murkowski pore. The motion is withdrawn. Akaka Feinstein Nelson (FL) Mr. REID. I thank the Chair. Allard Gregg Nelson (NE) NAYS—8 Baucus Hagel Pryor The ACTING PRESIDENT pro tem- Bayh Harkin Reed Barrasso Dole Inhofe pore. The Senator from Connecticut is Coburn Enzi Bennett Hatch Reid Kyl DeMint Graham recognized. Biden Inouye Roberts f Bingaman Kennedy Rockefeller NOT VOTING—7 Bond Kerry Salazar Boxer Klobuchar Brownback Johnson Obama IMPLEMENTING RECOMMENDA- Sanders Brown Kohl Coleman Lott TIONS OF THE 9/11 COMMISSION Schumer Byrd Landrieu Dodd McCain Smith ACT OF 2007 Cantwell Lautenberg Cardin Leahy Snowe The conference report was agreed to. Mr. LIEBERMAN. Mr. President, be- Carper Levin Specter Mr. LIEBERMAN. Mr. President, I fore I describe some of the most impor- Casey Lieberman Stabenow move to reconsider the vote, and I Stevens tant provisions in this legislation, I Clinton Lincoln move to lay that motion on the table. Cochran Lugar Tester want to thank the 9/11 families who Collins Martinez Voinovich The motion to lay on the table was have played a critical role throughout Conrad McCaskill Warner agreed to. this process. They first pushed for the Domenici Menendez Webb establishment of the 9/11 Commission Dorgan Mikulski Whitehouse f Durbin Murkowski Wyden and then continued their fight, now Feingold Murray SMALL BUSINESS TAX RELIEF through three major pieces of legisla- ACT OF 2007—MOTION TO PROCEED NOT VOTING—7 tion, to see that its recommendations Brownback Johnson Obama Mr. REID. Mr. President, I ask unan- became law. Coleman Lott imous consent that on Monday, July I want to thank the majority leader Dodd McCain 30, following a period of morning busi- of the Senate for his leadership in help- The motion was rejected. ness, the Senate proceed to calendar ing to get this legislation through the The PRESIDING OFFICER. The No. 58, H.R. 976, and that once the bill Congress, and through a long but ulti- question is on agreeing to the con- is reported, Senator BAUCUS be recog- mately very productive conference. ference report. nized to offer an amendment, which I want to thank Senator COLLINS, Mrs. MURRAY. I ask for the yeas and would be the text of the children’s Chairman THOMPSON, Senator COLLINS, nays. health legislation, also known as Congressman KING, and all of my col- The PRESIDING OFFICER. Is there a SCHIP, reported by the Senate Finance leagues on the conference committee— sufficient second? Committee. and their staffs—on both sides of the There is a sufficient second. The ACTING PRESIDENT pro tem- aisle, from all of the relevant commit- The clerk will call the roll. pore. Is there objection? tees, and in both the House and the The legislative clerk called the roll. Mr. COBURN. I object. Senate for their willingness to work

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It au- local first preventers and responders do President’s desk. thorizes important funding increases their jobs. While this Nation was born in con- for critical aviation security programs, It authorizes for the first time the flict, it was founded and grew in com- like checkpoint screening, baggage State Homeland Security Grant Pro- promise—the melding of different screening and cargo screening on pas- gram and Urban Area Security Initia- threads of policy and personality into a senger aircraft. And it requires screen- tive, UASI, to provide funds to States national fabric that covers and pro- ing of all cargo carried onto passenger and high-risk urban areas to prevent, tects us all. airlines within three years—again, prepare, respond and recover from acts This legislation was also born of con- closing another glaring vulnerability of terrorism. And it does so in a way flict—the attacks by Islamist extrem- in our defenses that terrorists could ex- that, while providing the vast majority ist terrorists against us on 9/11, and our ploit. of resources on the basis of risk, en- response to these terrorists grows One of the critical failures of 9/11 sures that we build up the capabilities stronger as we come together in legis- was, of course, the failure to share of all the states, knowing that ter- lation like this. vital information—and improving in- rorist plots can develop in any part of This comprehensive, bipartisan legis- formation sharing was a key rec- the country. lation will make our Nation stronger, ommendation of the 9/11 Commission. This legislation wisely authorizes our cities and towns more secure and While we have previously taken im- emergency management performance our families safer. Let me cite a few of portant steps to improve the unity of grants and provides additional re- its most important points: effort across intelligence agencies by sources for this program—to assist Security enhancement in the legisla- creating the Director of National Intel- tion: States in preparing for all-hazards to ligence and the National Counter Ter- ensure that every State has the basic First, this legislation will help close rorism Center, this legislation moves capability to prepare for and respond one of the most obvious, and dangerous the ball even further by strengthening to both man-made and natural disas- vulnerabilities in our Nation’s de- the Information Sharing Environment, fenses—that is the millions of cargo ters. ISE, which was also established in the Following the communications disas- containers that flow into our country Intelligence Reform and Terrorism every year without being scanned and ters of both 9/11 and Hurricane Katrina, Prevention Act of 2004. It does so by ex- this legislation also creates a dedicated which could be the vehicle for bringing tending the term of the ISE program emergency communications interoper- dangerous nuclear material into our manager and authorizing him or her to ability grant program to improve country. issue government-wide standards for emergency communications systems at It requires that within 5 years, 100 information sharing, as appropriate, the local, State, and Federal levels. percent of maritime cargo be scanned and rewarding government employees This is clearly one of the highest prior- before it is loaded on ships in foreign for sharing information. ports bound for the United States. But And it will improve the sharing of in- ities for our Nation’s first responders— it wisely gives the Secretary of Home- formation between the Federal Govern- because it is necessary to save their land Security the authority to extend ment and its State and local counter- lives so that they can save the lives of this deadline in 2-year increments if parts by codifying the new Interagency others—and by dedicating a program to certain conditions important to our Threat Assessment Coordination interoperable communications we will economy are not met. This has been a Group, creating standards for State enhance our Nation’s ability to achieve contentious issue—but I believe this and local fusion centers, and ensuring it. legislation strikes the right balance that they receive Federal support and The 9/11 Commission rightly noted between aggressively pushing for bet- personnel. These measures will help en- that while we must protect our home- ter security while ensuring that we sure that intelligence to fight ter- land, we must do so in a way that also maintain a sensible approach. rorism and keep Americans safe is protects the freedom and civil liberties This legislation also enhances secu- shared more effectively among all lev- it was founded upon. rity in nonaviation sectors that have els of government. This legislation does so by strength- received far too little protection in our In addition to strengthening Federal, ening the Privacy and Civil Liberties own country, even while terrorists State and local governments, as part of Oversight Board by establishing it as have demonstrated a willingness to at- the compromise that brought this bill an independent agency within the exec- tack them abroad—most notably in to the floor, this legislation will also utive branch, ensuring partisan bal- London and in Madrid. It requires that provide legal protections to individuals ance among members, requiring im- rail and transit systems work with who report suspicious activities. Peo- proved public disclosure, allowing the DHS to develop comprehensive risk as- ple acting in good faith to avert what board to request that the Attorney sessments and security plans, and au- they believe may be terrorist activity General issue subpoenas to private par- thorizes more than $4 billion over 4 should not be punished for their vigi- ties and increasing its budget over the years for rail, transit, and bus security lance. next 4 years by up to $10 million in grants. Every citizen must observe his or her 2011. Keeping in mind that the 9/11 hijack- surroundings and be alert to suspicious It also requires that agencies with in- ers and Richard Reed, the shoe bomber, activity without the fear of being sued telligence and security roles designate boarded commercial aircraft and trav- for their life savings. That is why this their own internal privacy and civil eled here legally, this legislation will bill grants immunity from lawsuits to liberties officers, and expands the au- make it harder for terrorists to enter those who in good faith report behav- thority of the DHS privacy officer. our country, by adding much needed iour that they reasonably suspect is re- Also, since 85 percent of our Nation’s security enhancements to the Visa lated to possible terrorist activity. We critical infrastructure is under the con- Waiver Program. These include a new want to encourage—not discourage— trol of the private sector, this legisla- electronic travel authorization system citizens, like the video store employee tion establishes a voluntary certifi- so that travelers from visa waiver in New Jersey, who stepped forward cation program so that those private countries can be checked against ter- and alerted authorities to evidence sector entities that want to can receive rorist watch lists and improved report- which helped unravel a planned attack certification that they have met con- ing of lost and stolen passports. on Fort Dix. sensus preparedness standards. This This legislation also increases re- This legislation will also improve the provision responds to another concern sources and staffing for the Human very controversial process for distrib- of the 9/11 Commission—which was also

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10119 reinforced during Katrina—that those successful result could not have oc- Senator’s entire staff for working with companies that take preparedness seri- curred. I want to begin by thanking the us to move this very important legisla- ously—that have plans and exercise 9/11 families—the families of those who tion. them that provide life saving protec- were lost on 9/11, the victims of this And of course, thank you to our col- tion for their employees—will recover brutal Islamist terrorist attack. They leagues and thanks to the 9/11 Commis- more quickly from a catastrophe and took their loss and grief and came to sion. help get their local economy moving Congress to do everything it could to There were an enormous number of again. make sure that our Government acted committees involved in this legisla- This legislation responds directly to in a way so as to protect every other tion, in some ways even more than in another 9/11 Commission recommenda- American family from having to suffer the first 9/11 legislation. So it took a tion—to improve Congress’s ability to the loss they suffered. They lobbied for lot of cooperation, which is the essence oversee the intelligence community— the 9/11 Commission. It was created. of getting anything done and, obvi- by requiring disclosure of the total When the commission reported out and ously, bipartisan cooperation to bring amount spent by the intelligence com- the legislation it recommended was us to this point. munity. brought before the Congress in 2004, the Again, I thank Chairman COLLINS, After the first 2 fiscal years the 9/11 families hung in there. Without Chairman THOMPSON, Congressman President may waive this requirement, their support, it would not have been KING, and all our colleagues on the con- but only after explaining to Congress adopted and then signed by the Presi- ference committee and their staff on why the disclosure would harm na- dent. both sides of the aisle from all the rel- tional security. Now we return for the second phase evant committees in both the House Like the 9/11 Commission, this bill of the 9/11 Commission report to adopt, and Senate for their willingness to also recognizes that we must do more as we just have, those previously work through some difficult, but crit- to promote democracy abroad by re- unimplemented sections, inadequately ical, issues to make our country safe. quiring the Secretary of State expand implemented sections or, frankly, our I have a particular debt of gratitude strategies for democracy promotion in own ideas about how to better protect to my own Homeland Security staff: nondemocratic and democratic coun- the American people from the ongoing staff director Michael Alexander; chief tries. threat from al-Qaida and other counsel Kevin Landy; and Senator COL- One of the great threats of our time Islamist extremist organizations and, LINS’ staff, beginning with staff direc- is that nuclear material may be smug- at the same time, from natural disas- tor Brandon Milhorn. gled out of former Soviet states and ters, some catastrophic like Hurricane The ACTING PRESIDENT pro tem- fall into the hands of terrorists. This Katrina. The 9/11 families deserve our pore. The Senator from Maine. bill clears legislative obstacles that gratitude. Ms. COLLINS. Mr. President, after had constrained the cooperative threat I also thank Senator REID because he the terrible attacks of September 11, reduction, CTR, program by repealing made this legislation a priority item 2001, Congress moved to strengthen or modifying various conditions on for this session of Congress. I thank America. Congress created the Depart- CTR actions in former Soviet states Senator COLLINS, my ranking member ment of Homeland Security, and Sen- and repealing a legislative prohibition who, as always, was thoughtful, con- ator LIEBERMAN and I led a bipartisan on Department of Energy nonprolifera- structive, wonderful to work with, and effort to implement the recommendation program assistance outside the set a tone where all the members of our tions of the 9/11 Commission—reform- former Soviet Union. committee worked very closely to- ing our intelligence community, cre- I want to thank my colleagues from gether to produce this legislation. ating a Director of National Intel- both parties, from both houses, and On the House side, in conference, we ligence, and establishing the National their staffs who worked so hard and so met with the chairman of the Home- Counterterrorism Center. We have also late into so many nights to bring this land Security Committee, Congress- passed legislation to strengthen secu- to the floor. There is a lot in this legis- man BENNIE THOMPSON of Mississippi, rity at America’s seaports and chem- lation to make our country safer, and and his ranking member Congressman ical facilities and to reform FEMA. this result was only possible because of PETER KING of New York—good public These were great advances in pro- this hard work and dedication. servants. We had some differences, but tecting our country. But as the re- Mr. President, we began as a nation we reasoned together and resolved a lot cently released National Intelligence born in conflict as we fought for our of them. Estimate noted, the United States freedom. Now we are a nation borne I would like to pay tribute to my faces a ‘‘persistent and evolving ter- with confidence as we fight for our staff, who have worked long nights and rorist threat.’’ Foremost among those ideals against an adversary who pro- many weekends to produce excellent threats is al-Qaida, which continues to motes hate over hope and fear over a legislation. plot attacks against us. We also face a future that recognizes our shared hu- I particularly want to thank my growing threat of homegrown ter- manity. Homeland Security Committee Staff rorism—violent radicals inspired by al- I urge my colleagues to adopt this Director, Mike Alexander, for his su- Qaida’s perversion of the Islamic faith, conference report and the President to perb leadership. I also want to thank but with no operational connection to act swiftly to sign it to show the world the committee’s Chief Counsel, Kevin foreign terrorist networks. that the spirit of this nation founded in Landy, for helping to shepherd the leg- These real and evolving threats mean freedom heeds the words of Abraham islation through the process. Thanks that we cannot stop improving our ex- Lincoln that this ‘‘government of the also to Eric Anderson, Christian isting security arrangements, or ignore people, by the people, for the people, Beckner, Caroline Bolton, Janet needs and opportunities to adopt new shall not perish from the Earth.’’ Burrell, Scott Campbell, Troy Cribb, measures. Congress has, in fact, al- Lincoln was right. Let us protect our Aaron Firoved, Elyse Greenwald, Beth ready enacted most of the 9/11 Commis- Nation. Let us thwart our enemies. Grossman, Seamus Hughes, Holly sion recommendations, but our secu- Mr. President, again, I thank my col- Idelson, Kristine Lam, Jim McGee, rity must continually improve to meet leagues for the very strong vote in Sheila Menz, Larry Novey, Deborah the advances of our enemies. favor of accepting the conference re- Parkinson, Leslie Phillips, Alistair The conference report that we con- port. It means a lot to those of us who Reader, Patricia Rojas, Mary Beth sider today builds on our prior work, worked on it. I obviously also think it Schultz, Adam Sedgewick, Todd Stein, offering important enhancements to was the right thing to do. This is com- Jason Yanussi, and Wes Young—all on our homeland security. prehensive, bipartisan legislation that my committee staff. And thanks to Notably, the conference report will will make America stronger, our cities Purva Rawal and Vance Serchuk on my protect concerned citizens from civil li- and towns more secure, and our fami- personal office staff. ability when they make good-faith relies safer. I must also thank Senator COLLINS’ ports of suspicious activity that could I want to take a moment to thank staff director, Brandon Milhorn, as well threaten our transportation system. some of the people without whom this as Andy Weis, Rob Strayer, and the This provision, based on legislation

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With an authorization of $2 bil- formation and intelligence to protect worry about being dragged into court, lion over 5 years, this critical program against all kinds of threats. hiring defense attorneys, and incurring will fund development of a robust, na- The legislation establishes a DHS big legal bills, because they did their tional emergency communications net- State, Local, and Regional Fusion Cen- civic duty by reporting a possible work to assist emergency personnel ter Initiative whereby DHS will make threat. The bill’s protective language whether they are responding to a ter- available federal intelligence officers reinforces the important message that rorist attack, a tornado, a flood, an and analysts to assist the work of fu- New York transit passengers see every earthquake, or an ice storm. sion centers. It also directs the Sec- day: ‘‘If you see something, say some- The conference report also contains retary of DHS to establish guidelines thing.’’ And with TSA recently report- important provisions that will for fusion centers that seek Federal ing possible ‘‘dry run’’ efforts to pass strengthen the intelligence functions funding. simulated bomb components through at the Department of Homeland Secu- These guidelines are not meant to airport security, it is more urgent than rity and will improve the sharing of in- step on State toes, but to ensure that a ever that we remove any deterrents to formation related to homeland security fusion center has a clear mission state- citizens making their concerns known threats among Federal, State, local, ment and goals, incorporates perform- to authorities. and tribal officials. ance measures, adheres to a privacy Another important aspect of the bill Senator LIEBERMAN and I helped es- and civil liberties policy, ensures that is its creation of a sensible formula for tablish the Information Sharing Envi- all personnel receive training on pri- homeland security grant programs. We ronment in the Intelligence Reform vacy and civil liberties, has in place know two critical things about the pre- Act of 2004. This program is an essen- appropriate security measures, and vention of, and response to, terrorist tial element in promoting homeland provides usable intelligence products attacks: one, the attacks can be security information sharing across to its stakeholders. planned and executed anywhere and the Federal Government and with our Most fusion centers are established two, State and local agencies are likely State and local partners. The con- and operated by States. However, if to be the first and most urgently need- ference report makes important im- federal funding is going to support ed responders. provements to the Information Sharing these centers, we should ensure that The compromise reached on min- Environment—extending the tenure of they are operated in a responsible man- imum levels of grant funding will help the program manager, enhancing his ner and in a way that ensures efficient ensure a strong baseline of capabilities authority to further develop and co- information exchange with the Federal across the Nation, helping to prevent ordinate information-sharing efforts Government and with other fusion cen- the next terrorist attack before it oc- governmentwide, and providing addi- ters. curs. Terror plots can emerge from any tional guidance concerning the oper- The bill also encourages deeper co- location. Planning, training, and logis- ation of the ISE. operation with State and local offi- tics for these attacks often occur far The conference report will improve cials, by authorizing exchange pro- from the location of the terrorists’ the operations of the intelligence com- grams that will send Federal intel- final target and, in some cases, are pre- ponents of the Department of Home- ligence analysts to state and local fu- ceded by other local criminal activi- land Security. Through the creation of sion centers, and by bringing the exper- ties. And, as the most recent National an Under Secretary for Intelligence tise of state and local officials to DHS Intelligence Estimate on this threat and Analysis charged with strategic and the National Counterterrorism assessed: oversight of the intelligence compo- Center. The ability to detect broader and more di- nents of the Department, the bill will Transportation security is another verse terrorist plotting in this environment improve the coordination of the De- area that will be strengthened under will challenge current US defensive efforts partment’s intelligence activities. the terms of this bill. Last year’s and the tools we use to detect and disrupt plots. It will also require greater under- Whether homeland security informa- SAFE Port Act made significant im- standing of how suspect activities at the tion or national intelligence is col- provements to maritime security. This local level relate to strategic threat infor- lected by Customs and Border Protec- conference report bolsters the security mation and how best to identify indicators of tion, Immigration and Customs En- of other transportation modes, includ- terrorist activity in the midst of legitimate forcement, the Transportation Secu- ing aviation, railroads, and mass tran- interactions. rity Administration, or the Coast sit. For example, the bill requires elec- Much of the work to prevent home- Guard, this information must be effi- tronic screening of information on l00 grown terror plots—like the thwarted ciently and effectively identified, proc- percent of air cargo loaded on pas- attempt to attack Fort Dix, NJ will essed, analyzed, and disseminated. The senger planes through a known-shipper occur at the State and local level. This conference report charges the Under program. It also authorizes more than legislation ensures adequate funding Secretary of Intelligence and Analysis $1 billion annual funding for rail and for prevention efforts in all our States. with responsibilities for improving the mass transit grants. Effective response, of course, requires sharing of information, training De- The bill also enhances security in the that emergency workers and officials partment employees to recognize the Visa Waiver Program. It restricts ex- be able to talk with one another. The intelligence value of the information pansion of the program until DHS can Senate Homeland Security Commit- they receive every day, and providing effectively track entries and exits from tee’s investigation into the Hurricane important budget guidance to the in- our country. And it encourages foreign Katrina catastrophe revealed many intelligence components of the Depart- governments’ cooperation with U.S. stances of tragic failures to deliver ment. counterterrorism efforts and informa- timely assistance to victims simply be- The legislation will also improve the tion-sharing initiatives, including cause communications systems were Department’s ability to provide useful timely reporting of lost and stolen damaged or not interoperable. State information to State and local officials passports. and local governments recognize the and provide feedback on the value of I finally note two other important problem. That is why DHS receives the information they share with the sections of the conference report. more requests for funding to upgrade Department. First, the legislation recognizes that and purchase emergency communica- It is important to recognize the tre- security enhancements should not tions equipment and systems under the mendous effort and good work that has come at the expense of our rights to State Homeland Security Grant Pro- already gone into establishing fusion privacy or our civil liberties. The legis- gram and Urban Area Security Initia- centers across the country. State gov- lation enhances the authority of the tive than for any other purpose. ernments, in particular, are devoting Privacy and Civil Liberties Oversight

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I am very dis- viding money for joint homeland secu- points. First, this bill builds upon leg- appointed that the final version of this rity ventures and facilitating tech- islation that Senator LIEBERMAN and I bill mandates scanning of 100 percent nology transfers. authored in 2004, the Intelligence Re- of maritime containers. That overturns All of the provisions I have men- form and Terrorist Prevention Act. the risk-based, layered security system tioned are worthy additions within the This bill implemented the vast major- enacted just last year as part of the letter or spirit of the 9/11 Commission’s ity of the recommendations of the 9/11 SAFE Port Act. Based on current tech- recommendations. I continue, however, Commission. It created, for example, nology, this proposal is simply not to have considerable concerns about the Director of National Intelligence. practical because of the huge volume, other portions of the conference report. It established the National Counterter- some 11 million containers per year, Above all, I am disappointed that the rorism Center. It set forth standards coming into our seaports. It will divert House amendment mandating scanning for information sharing. That legisla- resources from the focus on high-risk of l00 percent of maritime containers tion has made a real difference. In fact, cargo, and it will likely cause consider- was adopted by the conference com- last summer when the plot which was able backlogs at our ports, disrupting mittee, overturning the risk-based, hatched in Great Britain against our trade, and posing problems for busi- layered security system enacted just airliners was thwarted, Secretary nesses that rely on just-in-time inven- last year as part of the SAFE Port Act. Chertoff told me he believed the re- tories. Based on current technology, this pro- forms we put into place through the In- My reservations about these provi- posal is not practical because of the telligence Reform Act of 2004 helped sions prevented me from signing the huge volume—11 million containers per connect the dots, and information was conference report. But on balance, this year—coming into our seaports. It will shared with our allies and helped lead is a very good bill. It contains a lot of divert resources from the focus on to the detection and the thwarting of provisions that I think will improve high-risk cargo and will likely cause that plot. So that made a difference. our homeland security and, in the end, considerable backlogs at our ports, dis- Nevertheless, there were some areas I am pleased to vote for it, and I am de- rupting trade and posing problems for where we hadn’t finished the job, and lighted with the strong vote for its pas- businesses relying on just-in-time in- this bill will help take us further down sage tonight. ventories. the road. The ACTING PRESIDENT pro tem- My reservations on that point pre- I want to highlight a second point, pore. The Senator from Oklahoma. vented me from signing the conference and this is the provision that is in this Mr. COBURN. Mr. President, first of report. bill that I think is absolutely critical all, I thank Senator LIEBERMAN and While the proposed report makes im- and will help to increase the safety of Senator COLLINS for their hard work on portant improvements to our national our country. this bill. I think we shouldn’t be so preparedness, I fear that its language A recently released National Intel- quick to pat ourselves on the back as on private-sector preparedness could ligence Estimate noted that the United far as the 9/11 Commission. The No. 1 short-circuit the progress that DHS States continues to face a persistent thing the 9/11 Commission said is, the and the private sector have already and evolving terrorist threat, and fore- money that is spent on protecting this made in the recent release of all 17 sec- most among these threats is, of course, country ought to be based on risk. tor-specific plans under the National al-Qaida which continues to plot at- Fifty percent of the money in this bill Infrastructure Protection Program. I tacks against us. is not based on risk. It is based on po- also believe that, at this time, Con- We also face a growing threat of litical calculations, on each one of us gress has insufficient data to warrant homegrown terrorism, violent radicals getting so much money for our State. mandating a new private-sector pre- inspired by al-Qaida but not nec- That is absolutely wrong. paredness certification program. essarily linked directly to al-Qaida. There are a lot of good provisions in Now that the conference report has These real and evolving threats mean this bill, I don’t disagree with that reached the floor of the Senate, how- we cannot stop improving our existing point. But when we take $14 billion ever, I must weigh my concerns with security arrangements or ignore needs over the next 5 years for grants and say this legislation against the benefits and opportunities to adopt new meas- $7 billion of it isn’t going to go based that it undoubtedly offers. Because I ures. on the highest risk in this country, it believe the net benefits to our home- Most notably, this conference report is going to solve the political problems land security are substantial, I intend will protect concerned citizens from that Members of both the House and to support final passage of the con- civil liability when they in good faith Senate have in terms of bringing home ference report. report suspicious activity to the au- the bacon rather than putting that I close by offering my congratula- thorities. This provision, which is money where it should be put. What if tions and appreciation to Senator based on legislation that I coauthored something happens between now and LIEBERMAN for his efforts to advance with Senators LIEBERMAN and KYL, the next 4 years and we could have this legislation. also wisely protects security officials spent the money in the high-risk areas, I also thank my staff who worked so who take reasonable steps to respond but we chose not to because we ignored hard on this legislation: Brandon to reports of suspicious activity. it and we spent the money elsewhere Milhorn, Andy Weis, Rob Strayer, Amy Vigilant citizens should not have to taking care of our own political needs Hall, Jane Alonso, Asha Mathew, Kate worry that if in good faith they report rather than the needs of our country? Alford, Melvin Albritton, John Grant, suspicious activity that may indicate a The second point that ought to be Amanda Wood, Mark LeDuc, Steve terrorist threat, the result is going to made, and Senator COLLINS made this Midas, Leah Nash, Patrick Hughes, Jen be they are dragged into court, have to point, is, it is absolutely impossible for Tarr, Clark Irwin, Emily Meeks, Doug- hire defense attorneys, incur big legal us, over the next 3 years, to screen 100 las Campbell, and Neil Cutter. bills, just because they did what we percent of the cargo. Yet that is what Mr. President, I congratulate Sen- would want them to do. The New York we have mandated. In fact, we are ator LIEBERMAN on his outstanding subway has signs saying: ‘‘See some- going to take a very effective high-risk leadership on this bill. This was truly a thing, say something.’’ And with TSA program right now, and we are going to bipartisan effort in a Congress that has recently reporting possible dry run ef- stop it and we are going to go to 100 seen precious few bipartisan bills taken forts to pass simulated bomb compo- percent screening. In the meantime, we to completion. I join him in thanking nents through airport security, it is are going to screen 50 percent of it, and our staffs on both sides of the aisle. more urgent than ever that we remove we are not going to look at the high-

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It goes against all common ciples that should have gotten into this have done because a majority of us sense. bill. want to answer the emotional call for Finally, what we have done is we I voted against this bill not because I 100 percent screening when, in fact, the have taken our black box intelligence don’t think we should be protecting the scientists and people trained to protect numbers, and we are going to tell the homeland, not because I don’t think we us tell us that is not the way to go. We world what they are, which is crazy. should be following these recommenda- reversed, and we walked away from We are going to tell the world how tions but because we have ignored the what we were told by the experts to do. much money we spend on covert activi- No. 1 recommendation of the 9/11 Com- What do we know about grants? What ties, and we are going to share that mission, which is the money ought to we know is that of the $10 billion we with them. We shouldn’t be sharing go where the risk is. We ignored it. We have already given in grants, 30 per- that information. That information ignored it. We played the political cent of it was wasted, and we don’t should not be out there, and yet we game that makes us all happy, but we know about the other 70 percent be- have decided to do it to our own dis- didn’t fix the problem. If we have an- cause there are only eight people in the advantage. other event where we should have put whole Department of Homeland Secu- I know there has been great work put the money, then how will we answer rity who look at the $10 billion we have in on this bill both by Chairman that? How will we answer that? spent. And we are going to spend $14 LIEBERMAN and Ranking Member COL- They didn’t say some of the money billion. LINS, and I appreciate it. should go to the highest risk. They We did get in some post-grant review, One final point that I will mention. said all the money should go to the but there is no rigorous assessment and We had in our bill some oversight in highest risk. What we have are three transparency of how the money is the BBG, the Broadcasting Board of grant programs, one of which is very going to be spent. So it is going to go Governors. Here is what we know about good at risk and two of which are not. out there, and we are never going to Farsi Voice of America TV and Arabic So we ought to ask ourselves: Have we know if it did the right thing. TV. What we know is most of the time done the best we could have done? On our track record for the $10 bil- they are not presenting America’s The effort by Senator LIEBERMAN and lion we have already spent, 30 percent viewpoint. They are presenting our en- Senator COLLINS was extraordinary. We of it we know failed, and 30 percent we emy’s viewpoint, and we know this be- had great debate in our committee on a know didn’t go for legitimate home- cause my office has been translating lot of these issues. By the way, they land security items. And we don’t have and having translated their broadcasts. supported me in these things. We didn’t and didn’t put the resources in this We put into the bill to have those get them out of conference. The ques- bill, if we are going to spend $14 billion translations become public as a part of tion we are going to be judged on is over the next 5 years on grants, to BBG, and that got rejected. how effective we did this. My hope was make sure that money goes to do what So we are going to continue to have and my feeling is we could have done it is supposed to do. So we are creating a foreign policy where we are paying better. problems and taking money and not money to have radio programs go into Mr. LIEBERMAN. Mr. President, I spending it in the way that is most ap- Iran that are counter to what our own thank my friend from Oklahoma. The propriate, and that is what the Home- policies are, and yet we are not going truth is the Senate is a better place be- land Security said. to have accountability in this bill, to cause he is here, he is persistent, he is The other point the 9/11 Commission hold BBG accountable. It is not there. demanding, he spends a lot of time ac- said is we ought to reorganize how we It has been taken away. tually reading bills, and he brings his oversight intelligence. We didn’t do Transparency is a great thing for this opinions to the table and to the floor. any of that recommendation. We didn’t country, and when we spend money to Although we may be in disagreement do any of it. They also commented that create an American position in a for- on some of the particulars, he cares we have to have the oversight and pri- eign land, to not have transcripts and enough about all this to not only work orities, that you don’t fight turf bat- for them to not want us to have tran- through the details but to stay here tles but what you do is fight the terror- scripts of what is going on, the first after midnight, after a busy week, to ists. This bill is loaded with turf bat- thing one has to ask is, Why not? Why make these points. So I thank him for tles where money is spent, ordered, and shouldn’t American taxpayers know all that. managed by one department, but the where they are spending their money I thank him for the contributions he checks are cut somewhere else; not be- and know what the message is that made along the way to the bill as a cause that is the way to do it, but be- they are sending? Unless the message member of our committee. I am going cause we are protecting some politi- is something different than what it to put some statements in the record cians’ turf in terms of controlling the should be. And that is the case with to respond to some of the points in money. I think that does not reflect Radio Farsi and Radio Farda. more detail that Senator COBURN made, well. There are several other things I will but I do wish to say that Senator COL- There is another interesting item we not spend any more time on but that I LINS and I worked very hard, both in have created. We created a weapons of think the American people ought to the committee and then particularly in mass destruction czar and commission ask themselves. Last year, $434 billion the conference committee, to take the in this bill. That may be a good idea. I on credit cards was charged to our State homeland security grants and am not sure I disagree with that. But grandkids. We have $14 billion worth of make sure that they were allocated, a we also said to that czar—this is going grants in this bill over the next 5 much greater percentage of them was to be a White House position—anything years; $7 billion that we don’t know if allocated based on risk. you tell the President, you cannot tell it is going to be spent well. We cer- We heard the concerns. So the con- him in confidence. We gutted executive tainly don’t know if it is truly going to ference report allocates the over- privilege to have an adviser to the be spent on homeland security and at a whelming share of State funding based President on weapons of mass destruc- priority of what is best and what is on the risk the State faces from ter- tion to have the confidence that what based on the highest risk. rorism. All States initially will be he says to the President in private, in So I am disappointed that we didn’t guaranteed a minimum of 0.375 percent. confidence for the best part of this get a lot of things in the bill that we The number was up to .75 percent ear- country, will become available to all of should, and I know this is an effort at lier on. This will be reduced to .35 per- us. compromise, but it seems to me that cent over the course of the 5 years. First of all, no President is ever certain things that are common sense, The reason for having any minimum going to fill this position because they such as spending money to make sure is twofold: One is that, unfortunately, are not about to have an adviser behind our message is right, and knowing that the enemy we face—Islamist extremist them advising them who cannot give a it is right; making sure we are spend- terrorism—has a higher probability of

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As we have seen in other new era of both homeland security much to improve the process by which countries, they attack trains, they are needs and the need to involve our mili- these grants are distributed and used. prepared to blow up themselves with tary in seeking out for the purpose of The conference report allocates a bombs in the middle of shopping areas, capturing or killing these terrorists, greater share—indeed the over- in crowds, et cetera. So there is some then being engaged in wars in Afghani- whelming share—of state funding based reason to have a minimum amount for stan and Iraq, that we would have done on the risk a state faces from ter- every State in the country. better if we had considered a special rorism, yet still ensures that each Secondly, homeland security gen- tax and one in which we asked every- state will get money to meet its basic erally—and we particularly get into body to pay to meet the additional ex- needs in preparing for acts of ter- this in one of the other grant programs penses brought on by this war that rorism. All States will initially be that I will talk about in a minute— Islamist terrorists started against us, guaranteed a minimum of 0.375 percent deals not only with protecting the so we would not be facing the increas- of funds; this will be reduced to 0.35 States from terrorism but from all haz- ing long-term debt that Senator percent over the course of 5 years. ards, including natural disasters. The COBURN is quite right that our children Urban Area Security Initiative, Department of Homeland Security is are going to have to pay. UASI, grants will be allocated entirely an all-hazard agency now, including What I am saying is the money we based on risk of terrorism. There will within it, most particularly, FEMA, have authorized to be spent here is im- be a two-step process for selecting the Coast Guard, and other agencies portant. We have the best defense—the UASI cities. In the first stage, DHS will do a risk assessment of the 100 that are involved when you think more best military in the world. Part of the reason we do is because we are spend- largest metropolitan areas in the coun- in terms of protection from natural ing money on it, an enormous amount try, and each of these areas will be per- disasters. So I think we have made of money. We will continue to have the mitted to submit information to the some progress there, and that is the best homeland security and homeland Department concerning the risks faced reason why we have done what we have defense if we do the same. by that area—thus opening up a dia- done. One of the great contributions Sen- There is a separate program, which logue with cities and bringing light to ator COBURN makes is to be very per- a process that has largely taken place perhaps is the one Senator COBURN was sistent at making sure we don’t waste behind the scenes. After doing this ini- referring to, the urban area security taxpayer money, and he has made a tial assessment, the FEMA Adminis- initiative. That is allocated entirely contribution to this bill. There are trator will then have the discretion—as based on risk. We also create, for the many provisions in the bill that im- he does now—to select those high-risk first time, two programs that are in- prove the oversight of the spending of urban areas eligible to apply for UASI tended to be all-hazard programs and homeland security funds, and in my grants. to support law enforcement and emer- statement I make clear our gratitude The conference report also reverses gency response around the country. to Senator COBURN and his staff for all the recent disturbing downward trend The first is an Emergency Management that they did to strengthen the audit- in funding for these essential grant Grant Program and the second, which ing provisions of this bill. programs. It would authorize $1.8 bil- we talked about earlier, is the inter- I will say, finally, on the question of lion for the State Homeland Security operability of communications. congressional oversight of intelligence Grant Program, SHSGP, and UASI pro- So I think, on balance, when it comes and the declassification of the top line gram in fiscal year 2008—our principal to terrorism, we have allocated much of the national intelligence budget, antiterrorism grants to first respond- more now than before based on risk. this is a direct recommendation of the ers—and increase this over the next 5 Yet we also, I think quite appro- 9/11 Commission. It doesn’t make it years to $2.25 billion. Also, as a com- priately, provide something for areas sacrosanct, but it does give it some plement to this, the conference report all around the country to deal with all force. They argued that the specifics of would ensure that states have in- the other hazards, natural disasters, the intelligence appropriations should creased funds available for key all-haz- that can and have struck every section remain classified, as they do in this ards grant programs, including the of the country. proposal, but that the top line ought to emergency management performance There is also a substantial increase be publicized to combat the secrecy grants and dedicated grants for com- in funding that is authorized by this and complexity the Commission had munications interoperability. These bill. Of course, ultimately, it has to be commented on earlier. That is what we programs help ensure that all States appropriated, but this is a new chal- intend to do. have basic preparedness capabilities for lenge, this terrible challenge of ter- But we are mindful of the concerns all disasters, whether natural or man- rorism, against an unconventional bru- that Senator COBURN and others have made. tal enemy, which, as someone other had. We have spent some time dis- The conference report would also for than myself has said, hates us more cussing this with members of the ad- the first time specifically authorize than they love their own lives. They ministration, and this is compromise State and urban area grants, and pro- hate us more than they love their own language. The bill contains this provi- vide legislative guidelines for the pro- lives, so that they are prepared to kill sion, which is that the President would grams, including permissible uses. themselves to express their hatred of be required to disclose the total appro- Finally, the conference report would us. Of course, these are not conven- priated amount for the national intel- provide a whole series of oversight tional armies fighting our conventional ligence budget for this year and the measures to ensure that funds were Army on a field of battle or at sea or in coming year, after which the President being spent effectively and appro- the air. may waive this requirement by sending priately to achieve preparedness, and These are enemies who strike from to Congress a notification explaining not wasted. the shadows and intend to strike at un- the reasons for this waiver. The 9/11 Commission report said: protected civilians—at innocents. So Listen, I think most people, includ- To combat the secrecy and complexity we this requires a substantial commit- ing most people in the media, know have described, the overall amounts of ment by our country to raise our de- what the top line budget for intel- money being appropriated for national intel- fenses. I think it is part of the reason, ligence is. But we are now bringing it ligence and to its component agencies should along with the reform of our intel- out and giving the President the oppor- no longer be kept secret. Congress should pass a separate appropriations act for intelligence apparatus, that we have not, tunity to stop the disclosure if he de- ligence, defending the broad allocation of thank God, suffered another terrorist termines it is in the national security how these tens of billions of dollars have attack since 9/11. Part of it, of course, interest in future years, for various been assigned among the varieties of intel- is good fortune, or, if you are so in- reasons, to do that. ligence work.

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Yet the top-line the audits on the Internet. dedicated to improving operability and figure by itself provides little insight into interoperability at local, regional, U.S. intelligence sources and methods. For the Public Safety Interoperable Communications grants that go State, and Federal levels. Second, to A provision was passed to declassify through the Commerce Department improve collaboration and help iden- the top-line of the National Intel- and are administered jointly by the tify solutions to communications prob- ligence Budget was passed by the Sen- Commerce Department and DHS, there lems on our international borders, the ate as part of the Intelligence Reform are separate provisions requiring that legislation also includes language that Act in 2004 but removed in conference. the Commerce Department inspector I authored that establishes Inter- In December 2005, the 9/11 Public Dis- general conduct audits of those grants. national Border Community Interoper- course Project, an independent organi- The conference report also builds on able Communications Demonstration zation led by the 9/11 Commission provisions in the Post—Katrina Emer- Projects on the northern and southern members, issued a grade of ‘‘F’’ on the gency Management Reform Act that borders. These demonstration projects implementation of this recommenda- we passed last fall by requiring that will address the interoperable commu- tion, writing that ‘‘Congress cannot do DHS develop and use performance nications needs of police officers, fire- robust intelligence oversight when metrics to assess the progress of States fighters, emergency medical techni- funding for intelligence programs is and urban areas in becoming prepared, cians, National Guard, and other emer- buried within the defense budget. De- and that States and urban areas test gency response providers at our borders classifying the overall intelligence their performance against these and will improve the ability of U.S. budget would allow for a separate an- metrics through exercises. personnel to work well, for example, nual intelligence appropriations bill, so All states are required to report with their Canadian counterparts. that the Congress can judge better how quarterly on their expenditures and an- Another key accomplishment is that intelligence funds are being spent.’’ nually on their level of preparedness. the legislation provides a more equi- The final bill contains a compromise Finally, The FEMA Administrator is table distribution of homeland security that we have worked closely with the also required to provide to Congress grant funding. For the past 5 years, the White House to craft, one which finally annually an evaluation of the efficacy largest homeland security grant pro- addresses this important 9/11 Commis- of the Department’s homeland security grams distributed funds using a for- sion recommendation to disclose the grants have contributed to State and mula that arbitrarily set aside a large top line of the National Intelligence local governments in meeting their portion of the funds to be divided Budget. target levels of preparedness and have equally among the States, regardless of The compromise agreement will re- led to the overall reduction of risk. size, need, or risk. This legislation allo- quire the President to disclose the From the beginning, we have been cates more of the funding based on total appropriated for the National In- aware of Senator COBURN’S strongly risk. Specifically, the legislation would telligence Budget for 2 years—2007 and held view that there be adequate over- reduce the funds guaranteed to each 2008—after which the President may sight and auditing of homeland secu- State from 0.75 percent to 0.375 percent waive this requirement by sending to rity grants, and his support for the proof grant funds in fiscal year 2008; the Congress a notification explaining the visions to this effect in the Senate minimum would then decline over a pe- reasons for this waiver. bill—provisions that were not part of riod of 5 years to 0.35 percent in fiscal The inclusion of this provision means the House bill. Senator COLLINS’ and I, year 2012 and thereafter. All other that this important recommendation of and our staffs, have fought for the Sen- funds would be distributed to States the 9/11 Commission will now finally be ate auditing provisions in conference, based on the risk of acts of terrorism implemented. in the face of a number of objections and the anticipated effectiveness of the In this bill, we authorize significant and concerns raised by House staff proposed use of the grants. additional funds for homeland security from various committees. And we have Also included in the bill is language grants for State and local govern- been successful in retaining in the con- I authored that will require the De- ments: for State Homeland Security ference report what we believe are very partment of Homeland Security, before Grants, for Urban Area Security Initia- strong provisions to ensure account- publishing the final rule, to conduct a tive, UASI, grants, for Emergency ability for homeland security grant cost-benefit analysis of the Western Management Performance Grants, funds. Hemisphere Travel Initiative, WHTI, EMPG, for interoperable emergency Working with Senator COBURN, we including the cost to the State Depart- communications, for rail and transit were able to retain what I believe are ment and resources required to meet security, in order to ensure that our very significant provisions to ensure the increased volume of passports re- first responders across the Nation are the appropriate and effective use of quests. The WHTI seeks to require indi- prepared for disasters, natural and homeland security dollars. viduals from the United States, Can- man-made. Mr. LEVIN. Mr. President, I am ada, and Mexico to present a passport In authorizing these additional funds, pleased that the Senate today will fi- or other document proving citizenship we are cognizant that we need to spend nally pass the Improving America’s Se- before entering the United States. these funds wisely, in a way that will curity Act of 2007. Over 3 years ago, the While we need to make our borders as make our first responders most pre- 9/11 Commission gave us its rec- secure as they can be, we also need to pared and our nation most secure. For ommendations, and we are finally tak- make sure that we are achieving that this reason, the conference report ining a big step toward implementing goal in a way that will not cause eco- cludes extensive oversight and ac- them. Let me mention a few high- nomic harm to our States. A cost-ben- countability provisions designed to en- lights. efit analysis will help ensure we iden- sure that all grant funds are used as ef- This comprehensive legislation goes tify and weigh the expenses and bene- fectively as possible and for their in- a long way toward helping our first re- fits of the WHTI. tended purposes. sponders. First, it establishes a $400 The legislation also takes important At least every 2 years, DHS is re- million annual grant program dedi- steps to shore up rail, transit, bus, air quired to conduct a programmatic and cated to funding interoperable commu- and cargo security in the United financial review of each State and nications equipment. We know that States. It establishes a grant program urban area receiving grants adminis- lives were lost on September 11, 2001, for freight and passenger rail security tered by the Department to examine because first responders could not com- upgrades and requires railroads ship- whether grant funds are being used municate. The same situation con- ping high-hazard materials to create properly. tinues to play out across our country threat mitigation plans. It establishes

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10125 a grant fund for system-wide Amtrak It is important for whistleblowers to U.S. citizens to come and participate in security improvements and much need- know that they can come directly to congressional hearings. But given the ed infrastructure upgrades. It author- Congress if they have evidence that tragedies in Madrid and London, we izes studies to find ways to improve someone has made a false statement to thought it would be worthwhile to have passenger and baggage security screen- Congress. And Congress has a right to those who manage the transit oper- ing on passenger rail service between that information—even if it is classi- ations in those two cities come and the U.S. and Canada which should iden- fied. The Senate-passed bill made it share with us information about their tify what is needed to prescreen rail clear that intelligence community em- experiences. I think their testimony passengers on the northern border. I ployees and contractors can report was very helpful in demonstrating the hope these studies will also advance a classified information directly to ap- importance of this issue and gal- long standing effort I have undertaken propriate Members of Congress and vanizing the attention of the Congress to implement a preclearance system at cleared staff if the employee reason- to address this issue in the legislation other land crossings so that, for exam- ably believed that the information pro- before us. ple, we can inspect vehicles for haz- vides direct and specific evidence of a We learned in those hearings that ardous materials before they cross false or inaccurate statement to Con- transit attacks have unfortunately bridges and tunnels between U.S. and gress. That provision was also removed been a major component of terrorist Canada. in conference. activities over the last several decades. In addition to improving rail secu- While I am disappointed that the It is no secret that worldwide, terror- rity, the bill establishes grant pro- conference report does not contain ists have favored public transit as a grams for improving intercity bus and these provisions, on balance it is a target. In the decade leading up to 2000, bus terminal security and public trans- good bill and I am pleased that we are 42 percent of terrorist attacks world- portation system security. It takes passing it today—both for the families wide targeted rail systems or buses, ac- steps to improve the safety of trans- and friends of those we lost on Sep- cording to a study done by the Brook- porting radioactive and hazardous ma- tember 11, 2001, and for the security of ings Institution. In 2005 they attacked, terials on our railroads and highways. I our Nation. as I mentioned, London’s rail and bus am also pleased that this legislation (At the request of Mr. REID, the fol- system, killing 52 riders and injuring requires the screening of all cargo car- lowing statement was ordered to be almost 700 more in what has been ried on passenger airplanes within 3 printed in the RECORD.) called London’s bloodiest peacetime at- years. It also requires all containers to ∑ Mr. DODD. Mr. President, I rise in tack. In 2004, they attacked Madrid’s be scanned for radiation at foreign support of the legislation reported by metro system, killing 192 people and ports before entering U.S. ports. The the conference, the Implementing Rec- leaving 1,500 people injured. legislation also establishes an appeal ommendations of the 9/11 Commission Transit is frequently targeted be- process at the Department of Home- Act of 2007. I was proud to serve on this cause it is tremendously important to land Security for passengers that be- very important conference, and while I any nation’s economy. Securing our lieve they have been wrongly included may not agree with every part of the transit systems and our transportation in ‘‘no-fly’’ or ‘‘selectee’’ watch lists. act, I believe that on balance it is a networks generally is a difficult chal- While the conference report takes very important piece of legislation lenge under any circumstances. We important steps toward implementing that will serve to make our Nation must do all that we can to meet that many 9/11 Commission recommenda- more secure and help protect Ameri- challenge. Beyond the obvious implications, I am disappointed that it fails to cans of all walks of life. Over 5 years tions of physically protecting our citi- address one critical recommendation after the tragic events of 9/11 and al- zens, safe transit systems can help to and excludes several provisions that most 2 years since Hurricanes Katrina maintain public confidence, encour- were in the Senate-passed bill. The 9/11 Commission report stated: and Rita, we continue to hear from aging transit use, reducing pollution, ‘‘Of all our recommendations, strength- Governors, county executives, mayors, and preventing our cities from being ening congressional oversight may be first responders, health professionals, mired in gridlock. among the most difficult and impor- and emergency preparedness officials The first piece of legislation that the tant.’’ I am troubled that the con- that our country as a whole remains Banking Committee marked up after I ference report does not contain critical unprepared for another manmade or became chairman addressed with tran- provisions—included in the Senate- natural disaster. We have heard the ar- sit security. That legislation, reported passed bill—that were intended to gument, which I support, that Congress out of the committee as S. 763, was in- strengthen congressional oversight and needs to do more to support regional cluded in the Senate version of the 9/11 promote independent and objective in- and local efforts to protect Americans. bill. I am extremely pleased that it is telligence analysis. Overall, I believe this conference re- included in the conference report which There is a long, painful history of port takes a critical step forward in the Senate is considering. Similar to congressional efforts to obtain infor- making America more secure. the bill that was reported by the Bank- mation from the intelligence commu- I am going to focus on the titles of ing Committee, the conference report nity that have been slow-walked or this legislation dealing with transpor- provides $3.5 billion in grants directly simply not answered. The bill that tation security, with which I was deep- to transit agencies for security equip- passed the Senate required the intel- ly involved throughout this process as ment, evacuation drills, and worker ligence community to provide Congress chairman of the Banking, Housing and training—on which several witnesses, timely access to existing intelligence Urban Affairs Committee, which has particularly from Madrid and London, information unless the President as- jurisdiction over public transportation. testified would be the most important serted a constitutional privilege. Un- Title XIV of this bill creates a new investment we could make. Indeed, the fortunately, the conference report ex- grant program to improve the security conference report requires worker cludes that provision. of public transportation and its 14 mil- training for all transit systems that re- The Senate-passed bill also provided lion daily passengers. Safe and secure ceive security grants. The importance that no executive branch official could transit systems are essential to the of worker training can scarcely be require the intelligence community to well-being of our citizens and the overstated. Transit workers are the get permission to testify or to submit health of our economy. The Banking first line of defense against an attack testimony, legislative recommenda- Committee examined the state of tran- and the first to respond in the event of tions, or comments to the Congress. sit security in our very first hearing of an attack. Mr. O’Toole, the director of That provision was also stripped from the 110th Congress, which was my first London’s transit system, said it well: the conference report. We should insist hearing as chairman. At that hearing, ‘‘You have to invest in your staff and that the intelligence community be the committee heard from some very rely on them. You have to invest in able to provide Congress its assessment compelling witnesses, including the di- technology, but don’t rely on it.’’ of intelligence matters uninfluenced by rectors of the London and Madrid tran- The conference report also authorizes the policy goals of whatever adminis- sit systems. It is not all that common funds for the research and development tration is in power. that we invite witnesses who are not of security technologies and authorizes

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I note that this provi- mittee hearing we heard testimony thank my colleague and ranking mem- sion was not supported by the chair- from the American Public Transpor- ber on the Banking Committee, Sen- man of the Senate Judiciary Com- tation Association in strong support of ator SHELBY, who has been a true mittee, which has jurisdiction over this the ISAC, and I am very pleased that champion for transit security for many matter, and I believe it should have the conference report authorizes this years. This National Transit Systems been dealt with in a very different important center. Security Act of 2007 would never have manner. While I share the belief that The conference report follows the reached this stage without Senator our citizens are the first line of defense Banking Committee’s bill in allocating SHELBY’s work. This was truly a bipar- against terrorism and that they need grants directly to transit systems on tisan product, and I want to thank Sen- to be encouraged to report legitimate the basis of risk. The legislation makes ator SHELBY and our colleagues on the suspicious behavior, we need to be very clear that the Department of Homeland Banking Committee, including the careful whenever we grant blanket im- Security is responsible for making former chairmen of the Housing and munity and even more careful when we these critical decisions and allocating Transportation Subcommittee, Sen- pass legislation granting this immu- the grants among the Nation’s 6,000 ators REED and ALLARD, who have also nity retroactively. public transit agencies. The report does made very valuable contributions to To conclude, Mr. President, I am leave open the important decision of this bill over the many years that we pleased to recommend this conference which agency, the Department of have been working to improve transit report to my colleagues, as I believe Homeland Security or the Department security. that it will serve us well in our efforts of Transportation, should actually dis- I also want to make a few comments to make Americans more secure.∑ tribute these grants and audit recipi- about other items that are included in Mr. CARDIN. Mr. President, I am ents’ compliance with important provi- this conference report. First, as chair- very happy to rise today in support of sions of transit law, including labor man of the Banking Committee, I rec- a conference report that implements protections. The legislation requires ognize the preparedness requirements the remaining 9/11 Commission rec- the Secretaries of these 2 Departments that the Federal financial regulators ommendations. to make this decision on the basis of have imposed on institutions under Finally, three years after the Com- which Department can distribute their jurisdiction and which those in- mission released its bi-partisan report, grants in the most effective and effi- stitutions have observed. I am pleased we are sending President Bush legisla- cient manner. It is my opinion that at to have worked with my colleagues tion that implements the last of those recommendations—recommendations this moment, and at least for the next Senators LIEBERMAN and COLLINS on few years, the Department of Transpor- title IX to clarify that the private sec- that will improve Maryland’s as well as our nation’s security. This bill in- tation is the agency that can best meet tor preparedness certification is vol- creases citizens’ safety when they trav- these criteria. DOT already has an effi- untary and should not be construed as el by air, road, or rail; improves first cient and effective grant distribution a requirement to replace any prepared- responders’ communications capabili- system in place that directly reaches ness, emergency response, or business ties; facilitates intelligence sharing at our Nation’s transit systems. The Fed- continuity standards, requirements, or all levels of law enforcement; and pro- eral Transit Administration is well best practices established under any tects citizens’ privacy and liberty. aware of the various provisions of tran- other provision of Federal law, or by This conference report is the first sit law that the recipients of security any sector-specific agency. legislation to formally authorize the The Committee on Banking, Housing grants will be required to comply with State Homeland Security Grant Pro- and Urban Affairs also exercises juris- and will therefore be able to monitor gram and Urban Area Security Initia- diction over the preparedness of Amer- for compliance effectively. These tran- tive, UASI, which provide funds to ican industry to supply our Govern- sit security grants must go out to states and high-risk urban areas—like agencies quickly, as we face an urgent ment in times of defense and homeland the D.C. Metropolitan area—to pre- threat. It is my hope that the Secre- security emergencies. Key to this ef- vent, prepare for, respond to and re- taries will make a decision based on fort is ensuring that our Nation’s crit- cover from acts of terrorism. This leg- sound policy to best protect the Amer- ical infrastructure operates uninter- islation authorizes more money than ican public and not with an eye toward rupted and unhindered by natural or previous years, but most importantly— jurisdiction or turf. manmade disasters. Title X of this bill and I want to stress this most impor- Over the years we have invested will enable the Department of Home- tantly, this legislation ensures the vast heavily in aviation security. In fact, we land Security to assess our vulnerabili- majority of that funding is distributed have invested about $7.50 per aviation ties and hopefully work with other based on risk. passenger per trip. About 1.8 million agencies to build up defenses for our In the past, too great a percentage of people travel using the aviation system critical infrastructure. In one specific our first responder grants were distrib- daily in this country. Fourteen million provision, we built off of the Banking uted without regard to risk and vulner- people use mass transit systems every Committee’s work 4 years ago when we ability. As the 9–11 Commission final workday. We have invested about $380 reauthorized the Defense Production report stated: million in the security of mass transit Act, DPA. In 2003, we emphasized the [f]ederal homeland security assistance systems. That is about one penny per importance of the DPA’s authorities in should not remain a program for general rev- passenger per trip. protecting our critical infrastructure. enue sharing. I am not suggesting, nor do we re- Today, under the conference agree- By increasing the percentage of grant quire, that there be an equilibrium be- ment, we will require the Homeland Se- money distributed based on risk, this tween the security investment in avia- curity Department, in coordination legislation moves us toward the full tion and mass transit systems. I am with the Departments of Commerce, implementation of the Commission’s simply suggesting that the Federal Transportation, Defense, and Energy, prescription. government can and should do more to to explain how it is implementing This legislation also requires the De- secure our transit systems. To that these 2003 DPA requirements. With the partment of Homeland Security, DHS, end, the conference report provides an DPA’s authorities expiring in Sep- to consider certain factors when allo- authorization of $3.5 billion for transit tember 2008, this report may prove cating funds based on risk including security. We believe with this addi- helpful for our Committee’s eventual history of threats, risk associated with tional authorization, and we hope an markup of the reauthorization and critical infrastructure, coastline, and appropriate appropriation from the re- modernization of the DPA. the need to respond to neighboring sponsible committees, that we will be Finally, I want to express my dis- areas; considerations critical to ade- able to provide some additional secu- appointment that the conference re- quate risk assessment for many of

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The bill intercity buses, and pipelines. This bill millions in anti-terror funds and had strengthens the Privacy and Civil Lib- will finally authorize adequate funding devastating impacts on their ability to erties Oversight Board independence and a much needed statutory frame- respond to attack had the rankings and expands its oversight authority. work for the Transportation Security been allowed to stand. By setting cri- The bill requires agencies with access Administration’s, TSA, surface trans- teria for risk assessment, this bill to citizens’ private information to des- portation and rail security efforts. guards against future gross miscalcula- ignate at least one senior official to The conference report also takes crit- tions. serve as a source of advice and over- ical steps to address the remaining rec- The legislation includes several im- sight on privacy and civil liberties ommendations of the 9/11 Commission portant provisions improving transpor- matters. Finally, under this legisla- on aviation security. The commission’s tation security, but I am particularly tion, federal agencies must report an- report expressed continuing concern glad to see the bill requires DHS to de- nually on their development and use of over the state of air cargo security, the velop its capacity to screen all—100 data mining technologies so this body screening of passengers and baggage, percent—of maritime cargo in foreign can ensure proper usage of any tech- access controls at airports, and the se- ports before it is loaded on ships bound nologies that raise privacy or civil lib- curity of general aviation. Under this bill, all cargo going on for the United States within 5 years. erties concerns. passenger aircraft must be screened Further, the conference substitute re- This Conference Substitute also en- within 3 years. Requirements will be quires that DHS be able to screen all courages this country to look beyond put in place to plan and fund improve- cargo carried on passenger airplanes its own borders to promote others’ ments for the detection of explosives in within the next three years. And, the safety and liberty through diplomacy. checked baggage and at passenger legislation authorizes substantial The legislation requires the Secretary screening checkpoints. The TSA will funds—more than $4 billion over four of State expand strategies for democ- also be required to ensure a system is years—for rail, transit, and bus secu- racy promotion in non-democratic and in place to coordinate passenger re- rity grants. democratic transition countries, and to dress matters and develop a strategic Not only does the legislation provide expand the effectiveness of the State funding for improving communications plan to test and implement an ad- Department’s annual human rights re- vanced passenger prescreening system. systems, it also provides guidance. ports. It further supports democracy With respect to giving our Nation’s Maryland’s first responders and admin- promotion through international insti- first responders the necessary re- istrators have explained to me that a tutions, such as the UN Democracy sources to communicate effectively truly interoperable communications Fund, the Community of Democracies, during times of crisis, the bill will fur- system and a functioning incident com- and the International Center for Demo- ther bolster our previous efforts to im- mand system require more than equip- cratic Transition, specifically through prove interoperable, public safety comment. Practically, cooperation between encouraging the establishment of an munications by eliminating statutory and among local, state, national, and office of multilateral democracy pro- ambiguities for eligibility and by di- even international governments re- motion. To allow ‘‘maximum effort’’ on recting specific funds in support of quires governance structures, proto- non-proliferation by the U.S. Govern- State Strategic Technology Reserves cols, agreements, and training. By pro- ment, as the 9–11 Commission called that can be tapped in times of crisis by viding money for staff, exercises, sim- for, the bill establishes a Presidential State and local personnel, as proposed ulations, training, and any other ac- Coordinator for the Prevention of WMD in S. 4. tivities necessary to achieve, maintain, Proliferation and Terrorism. This conference report is an impor- or enhance emergency communica- We know now how closely our own tant step toward securing our Nation. tions, this legislation addresses critical safety is linked to other nations’ inter- The Commerce Committee worked for governance concerns. nal security. These efforts are critical years to craft many of these provi- But to keep us safe, different govern- to creating a more stable Middle East sions, and they reflect the expertise ment agencies need more than the abil- and a safer world. and dedication of our members. I urge ity to communicate. They need to ac- The 9–11 families, several of whom my colleagues to support this legisla- tually be communicating critical infor- are my constituents, asked us to pass tion. mation and intelligence to the officials this legislation, and I am proud that Mr. AKAKA. Mr. President, we have and officers who need it. The con- we have fulfilled this obligation to completed action on the conference reference substitute encourages the free them and to the country. port on H.R. 1, the Implementing Rec- transfer of intelligence across agencies Mr. President, I yield the floor. ommendations of the 9/11 Commission by authorizing government-wide stand- Mr. INOUYE. Mr. President, I am Act of 2007, and I wish to commend ards for information sharing, and cre- pleased we are considering the con- Senators JOSEPH LIEBERMAN and SUSAN ating standards for state, local, and reference report to H.R. 1, the Improving COLLINS for leading this effort in the gional intelligence fusion centers and America’s Security Act of 2007. This Senate. I appreciate their hard work ensures they receive federal support legislation is particularly timely given and dedication in forging a compromise and personnel. the daily reports that the terrorist on this important piece of legislation. The 9–11 attacks and Hurricanes threat against our Nation is increas- As a conferee I was pleased to take Katrina and Rita demonstrated how ining. We must be proactive in defending part in reconciling the differences be- adequate information sharing and inad- the homeland and take particular care tween the Senate and House versions of equate communications systems can to protect the transportation systems this bill. The work that has gone into compound disasters. Let us hope that which have so often been targeted. this legislation has been matched by with these changes we will never again The conference report we are voting the tremendous commitment of all of have to witness firefighters rushing on today contains significant provi- those involved to ensure that our coun- into buildings when they should have sions to strengthen the security of the try remains secure in the face of nat- been running out or distraught citizens Nation’s transportation system, in- ural and man-made threats. Now that trapped by flood waters while national cluding our surface, aviation and mari- the Senate votes on passage of the con- officials remain unaware of the dis- time networks. We also take action to ference report, I would like to take this aster. improve the interoperability of public opportunity to highlight a few issues But this legislation does more than safety communications. that are particularly important to me. protect our physical safety; it contains For surface transportation security, The provision to create a Chief Man- provisions to safeguard our most cher- we have worked with the relevant agement Officer, CMO, is a necessary

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10128 CONGRESSIONAL RECORD — SENATE July 26, 2007 step in addressing the serious manage- ers in this legislation. It is essential Secretaries and the administration to ment and integration challenges at the that transportation security officers place responsibility for the grant pro- Department of Homeland Security. I are given adequate employee protec- gram with the Department of Trans- am disappointed that the conference tions, especially the right to collec- portation and make this decision report language does not encompass tively bargain like their colleagues at promptly. It is my opinion that this the entire provision passed by the Sen- the Department of Homeland Security. will result in the effective and efficient ate designating the CMO as the prin- I hope we will be able to address this administration of the program for local cipal advisor to the Secretary on man- issue in the future. transit agencies. agement issues. The CMO must have While more still needs to be done, the Taking action to protect our public the authority of a Deputy Secretary to conference report before us now pro- transportation systems is long over- address department-wide management vides much needed reform. due. I am pleased to support the Im- functions. My good friend Senator Mr. REED. Mr. President, I believe proving America’s Security Act. VOINOVICH, with whom I have worked that securing our Nation’s public Mr. STEVENS. Mr. President, I closely on the Oversight of Govern- transportation systems is one of the thank the Chairman and ranking mem- ment Management Subcommittee, as most pressing homeland security issues ber of the 9/11 bill conference com- well as Comptroller General Walker, facing our Nation. Over 180 public mittee for their efforts to bring the and I have long advocated for a CMO at transportation systems throughout the conference report before the Senate. the Deputy Secretary level. world have been primary targets of ter- This was no small task and they, along I am pleased to see that strong pri- rorist attacks. In 2001, as chairman of with other conferees and staff, are to vacy provisions included in the House the Senate Banking, Housing, and be commended. and Senate bills were retained in this Urban Development Subcommittee on Despite these efforts, however, the report. The Privacy Officer With En- Housing, Transportation, and Commu- final conference report includes objec- hanced Rights Act, or the POWER Act, nity Development, I held the first hear- tionable maritime cargo scanning lan- a provision championed by Congress- ing on transit security in the wake of guage that could be devastating to man BENNIE THOMPSON and I, will September 11. The hearing took place both the international and domestic strengthen the investigative authority early in the 107th Congress so I am sad- flow of commerce. of the chief privacy officer at the De- dened that it has taken us this long to The decision to mandate scanning for partment of Homeland Security. I am enact legislation to protect our transit 100 percent of cargo containers is a also pleased that the report increases systems. I am pleased, however, that risky proposition because it does not the independence of the Privacy and tonight we are prepared to pass the follow a risk-based approach: Civil Liberties Oversight Board, so that conference report to implement the 9/11 The title of the final conference re- there will be no undue influence ex- Commission recommendations, includ- port clearly states that its purpose is erted on them. Both of these provisions ing the transit security measures that to implement the recommendations of go a long way in ensuring that in- I authored. the 9/11 Commission. But the commis- creased security efforts will not be at While our Nation acted quickly after sion did not advocate for the scan- the cost of Americans’ right to privacy. 9/11 to secure airports and airplanes ning—or even screening—of 100 percent The conference report also includes against terrorists, major vulnerabili- of the containers arriving at our an important provision to increase re- ties remain in surface transportation. shores. porting requirements for agencies Transit agencies around the country using data mining. I was pleased to have identified in excess of $6 billion in The 9/11 Commission recommended work with my good friends Senators transit security needs. instead that we mitigate our vulnerabilities to terrorism in a logical man- RUSSELL FEINGOLD and JOHN SUNUNU, Transit is vital to providing mobility on this language. Federal agencies use for millions of Americans and offers ner by applying our resources based on data mining technology to review and tremendous economic benefits to our risk, and specifically cautioned us not analyze millions of public and private Nation. In the United States, people to employ a blanket approach. records for many reasons, including the use public transportation over 33 mil- Our Nation’s ports, including the detection of criminal and terrorist ac- lion times each week day compared to Port of Anchorage, are vital to our tivities. This raises privacy concerns 2 million passengers who fly daily. economies—both regional and national. since an agency may analyze various Paradoxically, it is the very openness Ensuring their security must be a top databases containing personal informa- of the system that makes it vulnerable priority. But a mandate to scan every tion without any specific suspicion of to terrorism. When one considers this cargo container entering the U.S. could wrongdoing. and the fact that roughly $7 per pas- shut down many of these ports, and the In 2003, I asked the Government Ac- senger is invested in aviation security, resulting delays for both imports and countability Office, GAO, to look into but less than 1 cent is invested in the exports would be excessive and costly this issue, and in 2004, GAO reported security of each transit passenger, the for consumers. that 122 Government data mining ac- need for an authorized transit security Moreover, it is likely that foreign na- tivities involved the use of personal in- program is clear. We need to be more tions will disregard any caveats we formation, 46 of which involved sharing vigilant to protect public transit from may provide, and according to a Euro- personal information between agencies. terrorists. pean union diplomat, GAO also found 36 data mining pro- As a member of the Senate Com- The E.U. would consider imposing re- grams which used personal information mittee on Banking, Housing, and ciprocal requirements and filing a com- from the private sector. However, these Urban Affairs, I was proud to author plaint against the United States in the numbers did not include programs that with Senators DODD and SHELBY com- World Trade Organization. are used for intelligence purposes. In prehensive legislation to protect our This fact renders the approach taken 2005, GAO issued a follow-up report public transportation systems and the by this bill with respect to scanning which found that agencies are not fol- Americans that they serve. Title XIV cargo unworkable internationally. lowing all privacy and security poli- of The Improving America’s Security Here at home, these cargo scanning cies. Given the increasing use of data Act of 2007 authorizes $3.5 billion in provisions may be equally, if not more, mining and the threats such activities grants to transit agencies for capital devastating to rural economies. Com- pose to Americans’ privacy rights, I be- and operational costs. It also estab- munities in the lower 48 are served by lieve Congress must have a full ac- lishes an essential security training multiple transportation modes distrib- counting of agencies’ data mining pro- program for public transportation em- uting basic supplies like food and other grams. That is why I am pleased the ployees who are at the front lines of consumer goods. In Alaska, however, conference report retains the Senate preventing terrorist acts. The act al- over 90 percent of our supplies flow language. lows the Secretaries of Transportation through the Port of Anchorage. Any Finally, I want to express my dis- and Homeland Security to determine disruption at this port would be a disappointment that we were not able to which federal Department will disaster for Alaskans, not to mention to address protections for airline screen- tribute the grant funding. I urge the the Port of Tacoma, which serves as a

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But you need to have and across Federal agencies. that bill, we ultimately settled on di- training drills and exercises to identify I am pleased that conferees made the recting DHS to conduct a pilot pro- where the plan breaks down. Evacu- program manager for the Information gram to determine whether 100 percent ation exercises allow you to work out Sharing Environment (ISE) permanent scanning of cargo containers is even solutions before lives are at risk in a and authorizes funds and staff to carry feasible. The pilot began earlier this real emergency. We may only have one out the ISE mission. year and we are only now beginning to chance to get it right. The bill also calls for progress re- get a clearer picture of the complex- CIVIL LIBERTIES ports to Congress on the Information ities that scanning entails. The 9/11 Commission recognized that Sharing Environment. Mandating 100 percent scanning of one of the biggest challenges we face in ‘‘JOHN DOE’’ PROVISION cargo containers without the benefit of fighting the war on terrorism is pro- I will support the conference report, the results of the pilot tests is pre- tecting civil liberties. The Commission but I want to make clear that it con- mature and counterproductive. said: tains one provision that has not been Homeland security should not be While protecting our homeland, Americans properly written or carefully consid- used as a rhetorical tool. Let us first should be mindful of threats to vital per- ered. The so-called John Doe provision learn from the lessons promised by the sonal and civil liberties. This balancing is no would give blanket immunity to citi- Safe Port Act’s pilot tests before com- easy task, but we must constantly strive to zens and Government officials who en- mitting ourselves to an irrational, keep it right. gage in racial profiling, as long a court costly, and potentially ineffective ap- To help keep this balance right, the finds they were acting in good faith. proach to securing our Nation. Commission wisely recommended the The proponents of this legislation I thank the following staff of the creation of a board to ensure that the claim that it is necessary because citi- Senate Commerce Committee for their Government does not violate privacy zens will not report suspicious behavior hard work on this bill: or civil liberties. Three years ago, when Congress passed the first 9/11 bill, if they are afraid they will be sued for Pamela Friedman, Mark Delich, Jarrod racial profiling. Thompson, Chris Bertram, Mike Blank, Kim it included a provision I worked on to Nahigian, Paul Nagle, Christine Kurth, Dan create a Privacy and Civil Liberties With all due respect, this is a solu- Neumann, Betsy McDonnell, and David Oversight Board. The bill that the Sen- tion in search of a problem. There is no Wonnenberg. ate passed would have created a strong evidence that people are reluctant to Mr. President, I yield the floor. and independent board with subpoena file complaints about suspicious behav- Mr. DURBIN. Mr. President, I com- power, a full-time Chairman, and a ior and there is no epidemic of nui- mend Senators LIEBERMAN and COLLINS broad statutory mandate, among other sance lawsuits against people who do for their leadership and the members of things. so. the Conference Committee for their Unfortunately, House Republicans In fact, all the evidence points in the work on this important legislation. were able to water down the bill to re- opposite direction—vigilant Americans More than five years after 9/11—de- duce the independence and authority of are playing a crucial role in homeland spite tens of billions of dollars spent— the Privacy and Civil Liberties Board. security. America’s ports, rails, airports, bor- As a result, the board has not been an The reality is that this provision is ders, nuclear powerplants and chemical effective check on this administration, targeted at one pending lawsuit. There plants are still not as safe as they which has shown reckless disregard for is no indication that the courts are in- could be. the constitutional rights of innocent capable of handling this or any other It has been almost 3 years since the 9/ Americans. racial profiling lawsuit. There are im- 11 Commission issued its final rec- The conference report we consider to- munity rules that the courts have de- ommendations. night will fix those deficiencies. veloped over many years and there is This legislation is a major step to- Throughout American history, in no evidence that those rules are not ward fully implementing the rec- times of war, we have sacrificed liberty working to protect innocent people ommendations of the bipartisan 9/11 in the name of security. As the 9/11 from nuisance lawsuits. Commission. It changes course after Commission said, ‘‘The choice between I cannot judge the merits of this par- years of inadequate action on critical security and liberty is a false choice.’’ ticular lawsuit, but I do know this: homeland security needs. We can be both safe and free. I hope the Congress should not be in the business The bill will make America more se- new and improved Privacy and Civil of passing legislation to affect the out- cure because it: provides funding for Liberties Oversight Board will help come of individual cases that are pend- first responders; makes it harder for make that a reality. ing in court. We should not substitute potential terrorists to enter the United RISK-BASED our judgment for that of a jury of States; helps secure our rail, air, and Two years ago Congress earned an F American citizens, doing their civic mass transit systems; and improves in- from the 9/11 Commission for creating a duty, who will hear and weigh all of telligence and information sharing at Homeland Security Grant Program the relevant evidence. all levels of law enforcement. that is not sufficiently focused on risk. Remember the last time Congress did I am especially proud to highlight a This bill puts more emphasis on risk this? It was the Terri Schiavo case. few provisions in the bill that I have as a factor in distributing homeland se- That should be a warning to Congress championed for some time. curity grants. Right now, homeland se- not to go down this road again. The legislation specifies that States curity grants are based on a variety of Its proponents claim that the John can use Federal grants to design, con- factors—but risk is one of many. Doe provision is necessary so that peo- duct, and evaluate mass evacuation INFORMATION SHARING ple would not be deterred from report- plans and exercises. The 9/11 Commission strongly rec- ing suspicious behavior. But this legis- MASS EVACUATION ommended that we change the culture lation will have another chilling effect: As we learned from Hurricanes in Government, so that agencies talk It will deter victims of racial profiling Katrina and Rita, there is no sub- to each other and share information so from seeking justice in the courts. stitute for being prepared. everyone can do their jobs. This legislation would require a Last fall, Rockford, IL, was flooded In 2001, the FBI had information plaintiff to pay attorneys fees to a de- after heavy storms. Public safety about the hijackers that was never fendant if the defendant who allegedly workers were able to vacate an entire shared with local officials. engaged in racial profiling acted in

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Mr. President, I rise today committee professional staff members than just terrorism cases. In fact, it to congratulate LTC Jean McGinnis on inspections and factfinding trips in applies to any activity related to a upon retiring from military service. the United States and overseas. threat to a passenger vehicle or its pas- For more than 25 years, our Nation has Lieutenant Colonel McGinnis pre- sengers. As a result, this provision will been fortunate to have such an intel- viously served as a Congressional probably be invoked by every defend- ligent, accomplished and decorated Budget Liaison Officer in the Office of ant in every future racial profiling American in our armed services. the Chief of Army Reserve and as an case. Lieutenant McGinnis exemplifies Operations Research Analyst in Pro- I am especially disappointed that selfless devotion to one’s country. Born grams, Analysis, and Evaluation in the this legislation was inserted into the 9/ in Deadwood, SD, Lieutenant McGinnis Pentagon. From 1982 to 1994, she served 11 conference report without any con- began her service early. The New Mex- as an Aviation Officer, in the positions sideration of the concerns I have out- ico Military Institute commissioned of Platoon Leader, Detachment Com- lined. This provision was not in the 9/11 her as a 2nd lieutenant before she even mander, Company and Battalion Flight bill that the Senate passed. In the Sen- completed her bachelor’s degree at Operations Officer. ate, it has received no hearings, no de- Texas A&M. She joined the Army Re- During her aviation career Lieuten- bate, and no votes. serve as an active Guard Reserve Offi- ant Colonel McGinnis had many assign- The John Doe bill falls under the ju- cer, and continued her education at ments ranging from humanitarian as- risdiction of the Judiciary Committee, Fort Eustis, VA, where she successfully sistance missions in Guatemala and of which I am a member. Senator passed the aviation maintenance offi- Honduras to piloting the Chairman of LEAHY, the chairman of the Judiciary cer course to become an Army test the Joint Chiefs of Staff and the Chief Committee, asked that it not to be in- pilot in the UH–1 Huey helicopter. cluded in the 9/11 conference report so of Staff of the U.S. Army in Egypt as In 1991, Captain McGinnis was sta- part of Operation Bright Star. that we could hold hearings on it, but tioned in Pennsylvania at the Willow unfortunately his request was not Grove Naval Air Station as the avia- In 1997, Lieutenant Colonel McGinnis granted. tion operations officer for the 2/288th was assigned to the Office of the Chief This reminds me of another con- Aviation Regiment. Five years later, of Army Reserve in Washington, DC, as troversial bill that was inserted into a she was assigned to the Office of the an Operations Research Systems Ana- conference report without any debate Chief, Army Reserve, Program Anal- lyst. During this assignment she rec- in the Senate. It’s called the REAL ID ysis and Evaluation Division and then onciled Army Reserve resource require- Act, and it is now opposed by States as a budget analyst for the Army. In ments with Army program needs. She across our country. 1999, Major McGinnis moved to Arling- later served as a Budget Analyst in the I will be tracking closely how this ton, VA, in order to serve as a congres- Office of the Deputy Chief of Staff for legislation is implemented. I suspect sional liaison after training at the Personnel, Resource Division. While in that, as with REAL ID, the John Doe Command and General Staff College. this challenging assignment, she served law will be met with rising opposition Throughout her service, Lieutenant again as an Operations Research Budg- across this country as more and more McGinnis has gained wide recognition et Analyst of Reserve personnel and Americans learn about it. from her commanding officers. She has was directly involved with complex CLOSE earned the Meritorious Service Medal, Army training and Reserve personnel The 9/11 Commission gave Congress a the Army Commendation Medal, the policy issues. critically important job. Army Achievement Medal, the Na- She was then selected to represent The Commission charged Congress tional Defense Service Medal, the Sen- the Army on Capitol Hill and served 4 with making structural changes to ior Army Aviator Badge, and the Air years working for the Army Senate Li- close the gaps in America’s homeland Assault Badge and the Army Staff aison Division and the Office of the security defenses. This legislation re- Badge. These accomplishments speak Chief of Army Reserve. Lieutenant sponds to that challenge, and I support volumes for her dedicated service to Colonel McGinnis’ expertise and final passage of the conference report. the country. knowledge of the Active Army and Re- Mr. LIEBERMAN. Mr. President, I It is with great pride that I commend serve policies and procedures has been am prepared to yield back all remain- Lieutenant Jean McGinnis on this won- of great value to Senators and their ing time, and Senator COBURN, in the derful accomplishment. You have staffs. Lieutenant Colonel McGinnis’ spirit of not only the good spirit I iden- served our Nation with distinction, and leadership, resourcefulness, and profes- tify with him but in the spirit of the I wish you the best on your well-de- sionalism made lasting contributions hour, I gather, is prepared to yield served retirement. to Army readiness and mission accom- back his remaining time as well. f plishments. Her service to our Nation Ms. COLLINS. Mr. President, I yield has been exceptional, and Lieutenant back the time on this side as well. LIEUTENANT COLONEL JEAN M. Colonel McGinnis is more than deserv- Mr. LIEBERMAN. Mr. President, MCGINNIS ing of this recognition. again, I thank Senator COLLINS and Mr. INOUYE. Mr. President, today I Senator COBURN. It is a measure of honor, and pay tribute to LTC Jean M. f their devotion that they are both still McGinnis, who will retire from the U.S. here at this hour. Army on August 31, 2007, after 25 years DIGNIFIED TREATMENT OF f of distinguished service. Lieutenant WOUNDED WARRIORS ACT Colonel McGinnis is an outstanding MORNING BUSINESS American soldier who served in a suc- Mr. CRAIG. Mr. President, I wish to Mr. LIEBERMAN. Mr. President, I cession of command and staff positions take a moment to comment on the pas- ask unanimous consent that there now worldwide of increasing responsibility. sage of the Dignified Treatment of be a period of morning business, with In her last assignment in the U.S. Wounded Warriors Act. The President’s Senators permitted to speak therein Army as the Deputy Chief of the Army, blue ribbon Wounded Warrior Commis- for up to 10 minutes each. Senate Liaison Division, Lieutenant sion met with the President to provide

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10131 him with recommendations as to how to compliment both leaders for agree- tion. It is important legislation and the Veterans’ Administration, along ing in a bipartisan way to bring this work of which we can be proud. with the Department of Defense, can important part of that bill before us best provide service to our dramati- quickly so our troops and our injured f cally injured veterans in a seamless veterans and their families can receive LIVESTOCK INDEMNITY PROGRAM fashion. the care and benefits they deserve as PAYMENTS Our action, with passage of this legis- quickly as it can be delivered. lation, is a step in the same direction. I said on the floor a few weeks ago, Mr. THUNE. Mr. President, I rise It fulfills the pledge we made a few during consideration of the National today to highlight an important piece months ago when the Veterans’ Affairs Defense Authorization Act, the legisla- of legislation that was passed by the Committee, along with the Armed tion was very important because it Senate last night. This legislation Services Committee, held joint hear- demonstrated that Congress can break would fix a potentially devastating ings to receive testimony on needed down the walls of jurisdiction and ter- mistake in the agriculture disaster as- changes to transition programs and ritory and do the right thing at the sistance legislation Congress passed health care benefits. right time for our troops. last May. At that time, many of us stated our I and other Senators have been very Over the past few years, drought con- intention to make a good-faith effort critical of the bureaucratic roadblocks ditions and other natural disasters to work on issues under our respective DOD and VA can put up against one an- have financially strained tens of thou- committees’ jurisdictions and then to other, when we all want to make sure sands of agriculture producers across merge our work back together again at they are working together in a seam- the country. Last May, Congress re- the earliest possible time. less fashion. We now see those walls sponded to the needs of America’s pro- This bill not only contains the legis- breaking apart. So I believe we are ducers by enacting more than $3 billion lation that went through the Armed going to demand that these two agen- in emergency disaster assistance for Services Committee earlier in the form cies break down further those barriers farmers and ranchers who experienced of S. 1606, but it also includes title II of of territory and jurisdiction. When we losses in 2005, 2006, and early 2007. the bill, legislation sponsored by Sen- demonstrate we can do it, we then This assistance includes payments ator DANNY AKAKA and me to address must ask them to do it. In this legisla- for livestock losses under the Live- issues surrounding the treatment pro- tion, you saw two committees come to- stock Indemnity Program and com- vided to those veterans with traumatic gether to make it possible. I am proud pensation for grazing losses under the brain injuries. we have done so. It is the kind of work Livestock Compensation Program. Of course, I am proud of the com- we ought to do. Last month, it was brought to my at- prehensive nature of the legislation I also think it is fitting we passed tention that as many as 90% of live- Senator AKAKA and I have put forward this bill yesterday because the Presi- stock producers will be ineligible for in this legislation and pleased to see its dent’s Commission on Care for Amer- assistance due to an unintended techni- passage. ica’s Returning Wounded Warriors is cality in the emergency supplemental Under the provisions in this bill, in- set to issue its final report. That hap- bill. The USDA’s Office of General jured veterans will benefit from new pened. We have now had an oppor- Counsel is interpreting Section 9012 of investments in research into mild, tunity to review it. I thank all of the the emergency supplemental bill in a moderate, and serious traumatic brain Members of that Commission for their very narrow manner. This section re- injury. They and their families will be service and for all of the work they did quires participation in the Non-Insured assured that care is provided in age-ap- in a short timeframe. Former Senator Crop Disaster Assistance Program— propriate settings. We will explore Bob Dole and Secretary Donna Shalala NAP—or Federal crop insurance pilot whether assisted living services are the were great leaders on this issue for us program during the year livestock dis- most appropriate and least restrictive and for our veterans and for our troops. aster assistance is requested. settings to provide care for those with The passage of this bill is only the If disaster benefits are limited to traumatic brain injury. beginning of changes that we will make only those livestock producers with Most important to me is that our and must make for the health care and NAP or crop insurance coverage, the servicemembers, veterans, and their the benefit services offered to our vet- vast majority of livestock producers in families will have peace of mind know- erans and offered through VA and DOD. drought-stricken regions will be ineli- ing the Secretary can provide trau- I look forward to hearings on the pan- gible for disaster assistance. matic brain injury care in a private, el’s recommendations soon and to fi- While crop insurance is typically re- non-VA facility anytime the Secretary nalize the reading of the report. I now quired for crop disaster assistance, determines that doing so would be opti- have it in hand. I am hopeful that with similar requirements are highly un- mal to the recovery and the rehabilita- the passage of this legislation, which usual for livestock disaster assistance. tion of that patient. In other words, will soon be on its way to the President In fact, NAP coverage has never been a with passage of this legislation, we are for signature, we in the Congress can prerequisite for livestock disaster as- assuring that whenever it is in the best focus on the recommendations of the sistance in previous emergency spend- interest of the patient’s recovery, then Dole-Shalala panel. ing bills. VA can purchase private care to treat With that, I again thank the chair- Only a small percentage of livestock traumatic brain injury. man of the Veterans’ Affairs Com- producers have traditionally partici- These are a few of the very important mittee, Senator AKAKA, for his work pated in the NAP program, because in- provisions in title II of the legislation. and support in the production of title demnity payments range from $1 to $2 Of course, there are many other nota- II of this bill. I also want to thank and per acre. Since NAP payments are so ble pieces of the bill in title I, which, compliment Senator MCCAIN and Sen- low, few grazing producers have par- as I previously stated, was produced by ator LEVIN and Senator WARNER for ticipated. It is simply bad policy to ex- my colleagues in the Armed Services their work on title I, the Wounded clude producers from disaster assist- Committee. I compliment them again Warrior legislation. I truly appreciate ance who chose not to participate in an for their work on this important bill. the coming together of these diverse ineffective program. We said we would do this as expedi- but connected jurisdictions to show we Congress clearly intended disaster as- tiously as possible. The earliest time can break down our walls and to once sistance to be available to those pro- possible was, of course, the National again demonstrate and encourage both ducers most impacted by years of dev- Defense Authorization Act, which was the Department of Defense and VA to astating weather conditions. My legis- on the floor a few weeks ago. There, we work in a progressive, seamless fashion lation would strike Section 9012 of the added the substance of the bill as an for the benefit of our fighting men and 2007 emergency supplemental spending amendment to that act. women and for the benefit of those bill, and would ensure that livestock Unfortunately, the NDAA was pulled same men and women when they be- producers impacted by natural disas- from the floor—a little premature, in come veterans and the responsibility ters receive assistance they deserve in my judgment, but it was. But I do wish for them shifts to a different jurisdic- a timely manner.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10132 CONGRESSIONAL RECORD — SENATE July 26, 2007 The USDA is currently preparing pol- imposition of a lesser penalty, or to demonstrated racial insensitivity. A icy, procedure and software to imple- make detailed findings on the record coalition of four leading civil rights ment disaster programs authorized why no penalty should be imposed.’’ groups—the NAACP, the NAACP Legal under this legislation. USDA has prom- This conclusion is the same one Defense and Educational Fund, the Na- ised to conduct signup and deliver fi- reached by Judge Diaz, who dissented tional Urban League, and the Rainbow/ nancial assistance to our agriculture from Judge Southwick and the five- PUSH Coalition—wrote a letter to the producers this fall. By the time these person majority at the appeals court Senate Judiciary Committee and stat- disaster dollars reach individual pro- level. Judge Diaz wrote: ‘‘I write sepa- ed: ducers, many will have waited for over rately to object to the EAB’s failure to We are also troubled by Judge Southwick’s two years since first experiencing impose sanctions upon Bonnie Rich- record in cases involving race discrimination weather-related losses. Without this mond for using a racial slur in describ- in jury selection. . . . Generally, Southwick legislative fix, unacceptable disaster ing another DHS employee. . . . This is has upheld the rejection of claims by defend- program implementation delays will not to say that the EAB should have ants that the prosecution was motivated by occur. followed the DHS’s recommendations race discrimination in striking African Americans from juries. However, Southwick I thank the cosponsors of this legisla- to terminate Richmond, but there is a appears to have less difficulty finding race tion who have made another strong strong presumption that some penalty discrimination when the prosecution makes stand for America’s farm and ranch should have been imposed.’’ ‘reverse Batson’ claims that defendants have families. I also thank my colleagues in That conclusion, which the Mis- struck white jurors for racial reasons. the Senate for recognizing the urgency sissippi Supreme Court embraced, un- The letter discusses several examples of this situation and passing this bill dermines Senator CORNYN’s assertion of this trend in Judge Southwick’s by unanimous consent last night. that the Southwick majority ‘‘was ul- track record. Cosponsors of the bill are: Senators timately upheld by the Mississippi Su- Let me also say a little more about NELSON of Nebraska, BAUCUS, TESTER, preme Court.’’ the case in which Judge Southwick JOHNSON, CONRAD, HARKIN, LANDRIEU, The bottom line is that Judge South- voted to take away an 8-year-old girl BARRASSO, ENZI, HAGEL, DORGAN, and wick voted to reinstate the White em- from her lesbian mother. INHOFE. ployee with complete impunity—with What is troubling about this case is I urge the House of Representatives no punishment whatsoever. The Mis- not only the result that Judge South- to quickly pass my bill to ensure that sissippi Supreme Court said: No, pun- wick reached but also the fact that he livestock producers are able to qualify ishment should be considered. was the only judge in the majority to for the disaster assistance that was Let me address another aspect of this sign onto a troubling concurring opin- signed into law earlier this year. case that was mentioned by a Repub- ion that said sexual orientation is a f lican colleague. In trying to minimize choice and that losing a child in a cus- the significance of the case and defend tody battle is a consequence of that NOMINATION OF LESLIE Judge Southwick’s position, this Sen- SOUTHWICK choice. ator stated that the White employee’s Judge Southwick is opposed by the Mr. DURBIN. Mr. President, I made use of the ‘‘N’’ word was ‘‘a one-time Human Rights Campaign—a prominent remarks yesterday on the Senate floor comment.’’ gay rights organization—which has about the nomination of Judge Leslie I would dispute that characteriza- said the following about this nominee: Southwick to the U.S. Court of Appeals tion. It is true that the Southwick ma- No parent should face the loss of a child for the Fifth Circuit. jority referred to ‘‘this one use of a ra- simply because of who they are. If he be- Some of my Republican colleagues cial epithet.’’ However, according to a lieves that losing a child is an acceptable then came to the floor and made their letter from the State agency reprinted ‘consequence’ of being gay, Judge Southwick own remarks about Judge Southwick. I in the State supreme court opinion, cannot be given the responsibility to protect would like to respond to some of their there were at least two instances in the basic rights of gay and lesbian Ameri- points and set the record straight. which the White employee used the cans. First, I take issue with the way they ‘‘N’’ word: once in front of the victim As I said yesterday, this nomination described the procedural history of a and once at a meeting where the victim isn’t just about the ‘‘N’’ word case and case involving a White employee in was not present. the gay custody case. Judge Southwick Mississippi who was fired for calling an In addition, as set forth in the State has a long track record of favoring em- African-American colleague the ‘‘N’’ supreme court opinion, the White employers and corporations over employ- word. In this sharply divided 5- to 4- ployee testified that she didn’t think ees and consumers. There are two stud- case, Judge Southwick joined the ma- her Black colleague would be offended ies that bear this out: One was con- jority, and he voted to reinstate the by use of the ‘‘N’’ word because: ‘‘You ducted by the Business and Industrial White employee with full backpay and know, I thought that we had used that Political Education Committee, as reno punishment whatsoever. terminology previously and Varrie [the ported by the Biloxi, Mississippi Sun Senator CORNYN came to the Senate black employee] didn’t seem to have a Herald on March 24, 2004. The other floor and said that the Southwick ma- problem with it, nor anyone else.’’ study was undertaken by an organiza- jority ‘‘was ultimately upheld by the So it seems that the use of the ‘‘N’’ tion called the Alliance for Justice and Mississippi Supreme Court in compli- word was not an isolated comment in is available on their website. ance with appropriate legal standards.’’ this workplace. I would make one final point. One of That statement does not accurately Senator CORNYN tried to defend my Republican colleagues criticized me describe what actually happened. Judge Southwick’s vote in this case, for opposing Judge Southwick for a Yes, the Mississippi Supreme Court and he said the following: ‘‘A judge has seat on the Fifth Circuit while having said that termination was too Draco- no choice but to vote. He voted for the voted for him last year to be a Federal nian a punishment, but it also said result, for the outcome of the case, but district court judge. that the decision to reinstate the I think it’s unfair to attribute the It is true that Judge Southwick was White employee with full backpay and writing of the opinion to Judge South- voted out of the Senate Judiciary Com- with no punishment whatsoever—the wick.’’ mittee last year by voice vote as part decision that Judge Southwick signed I disagree. As I noted yesterday, of a package of 10 judicial nominees. onto—was erroneous. Judge Southwick had other options in But we did not know about the ‘‘N’’ Let me read the last three words of this case. He could have written a con- word case at that time. It is an unpub- the Mississippi Supreme Court’s opin- currence. He could have written a dis- lished decision and was not brought to ion in this case so the record is clear. sent. He could have joined one of two our attention until this year. The three words are: ‘‘reversed and re- different dissents that were written by In any event, the reality is that our manded.’’ other members of his court in this circuit courts are more crucial to the The Mississippi Supreme Court con- case. He did none of these things. protection of our rights and liberties cluded: ‘‘[W]e remand this matter back The ‘‘N’’ word case is not the only than our district courts. Because the to the Employee Appeals Board for the case in which Judge Southwick has U.S. Supreme Court takes so few cases,

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10133 the circuit courts of appeal are the Trade Preference Act until February U.S. CONGRESS, final word in 99 percent of Federal 29, 2008; Public Law 110–48, a bill to pro- CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 26, 2007. cases that are appealed. That is why vide for the extension of transitional most of the judicial nomination battles Hon. KENT CONRAD, medical assistance, TMA, and the ab- Chairman, Committee on the Budget, U.S. Sen- of the past few years have involved cir- stinence education program through ate, Washington, DC 20510 cuit court nominees, not district court the end of fiscal year 2007, and for DEAR MR. CHAIRMAN: The enclosed report nominees. other purposes; and H.J. Res. 44; pend- shows the effects of Congressional action on I know the Senators from Mis- the fiscal year 2007 budget and is current sissippi, and others, feel strongly that ing Presidential action, a joint resolu- through July 24, 2007. This report is sub- Judge Southwick should be confirmed. tion approving the renewal of import mitted under section 308(b) and in aid of sec- I respect their beliefs, and I have lis- restrictions contained in the Burmese tion 311 of the Congressional Budget Act, as tened to their arguments. But I hope Freedom and Democracy Act of 2003, amended. they will recognize the controversy and for other purposes. The estimates The estimates of budget authority, out- surrounding this nomination and en- lays, and revenues are consistent with the of budget authority, outlays, and reve- technical and economic assumptions of S. courage the White House to put for- nues used in the reports are consistent Con. Res. 21, the Concurrent Resolution on ward a different nominee—someone with the technical and economic as- the Budget for Fiscal Year 2008, as approved who can gain bipartisan support in the sumptions of S. Con Res. 21, the 2008 by the Senate and the House of Representa- Senate Judiciary Committee. budget resolution. tives. f Pursuant to section 204(a) of S. Con. Res. For 2007, the estimates show that 21, provisions designated as emergency re- BUDGET SCOREKEEPING REPORT current level spending equals the budg- quirements are exempt from enforcement of Mr. CONRAD. Mr. President, I rise to et resolution for both budget authority the budget resolution. As a result, the en- submit to the Senate the second set of closed current level report excludes these and outlays while current level reve- amounts (see footnote 1 of Table 2 of the re- budget scorekeeping reports for the nues exceed the budget resolution by 2008 budget resolution. The reports, port). $4.2 billion. For 2008, the estimates Since my last letter, dated June 27, 2007, which cover fiscal years 2007 and 2008, show that current level spending is the Congress has cleared and the President were prepared by the Congressional below the budget resolution by $928.1 has signed: Budget Office pursuant to section An act to extend the authorities of the An- 308(b) and in aid of section 311 of the billion for budget authority and $586.7 dean Trade Preference Act until February 29, Congressional Budget Act of 1974, as billion for outlays while current level 2008 (Public Law 110–42); and amended. revenues exceed the budget resolution A bill to provide for the extension of Tran- The reports show the effects of con- level by $34.6 billion. sitional Medical Assistance (TMA) and the gressional action through July 24, 2007, Abstinence Education Program through the I ask unanimous consent that the end of the fiscal year 2007, and for other pur- and includes legislation that was en- letters and accompanying tables from acted and or cleared for the President’s poses (Public Law 110–48). CBO be printed in the RECORD. The effects of those actions are detailed on signature since I filed my first report Table 2. last month. The new legislation in- There being no objection, the mate- Sincerely, cludes: Public Law 110–42, an act to ex- rial was ordered to be printed in the ROBERT A. SUNSHINE, tend the authorities of the Andean RECORD, as follows. For Peter R. Orszag, Director. TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2007, AS OF JULY 24, 2007 (In billions of dollars)

Budget Current Level Current Level 2 Over/Under (-) Resolution 1 Resolution

ON-BUDGET Budget Authority ...... 2,255.6 2,255.6 0.0 Outlays ...... 2,268.6 2,268.6 0.0 Revenues ...... 1,900.3 1,904.5 4.2 OFF-BUDGET Social Security Outlays 3 ...... 441.7 441.7 0.0 Social Security Revenues ...... 637.6 637.6 0.0 SOURCE: Congressional Budget Office. 1 S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, as adjusted pursuant to section 207(f), assumed approximately $120.8 billion in budget authority and $31.1 billion in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1 of table 2), budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. 2 Current level is the estimated effect on revenue and spending of all legislation that the Congress has enacted or sent to the President for his approval. In addition, full-year funding estimates under current law are included for entitlement and mandatory programs requiring annual appropriations, even if the appropriations have not been made. 3 Excludes administrative expenses of the Social Security Administration, which are off-budget, but are appropriated annually.

TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2007, AS OF JULY 24, 2007 (In millions of dollars)

Budget authority Outlays Revenues

Enacted in previous session: Revenues. Permanents and other spending legislation ...... n.a. n.a. 1,904,706 Appropriation legislation ...... 1,347,423 1,297,059 n.a...... 1,480,453 1,543,072 n.a. Offsetting receipts ...... ¥571,507 ¥571,507 n.a. Total, enacted in previous session ...... 2,256,369 2,268,624 1,904,706 Enacted this session: Appropriation Acts: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28) 1/ ...... ¥794 9 ¥166 An act to extend the authorities of the Andean Trade Preference Act until February 29, 2008 (P.L. 110–42) ...... 0 0 ¥24 A bill to provide for the extension of Transitional Medical Assistance (TMA) and the Abstinence Education Program through the end of fiscal year 2007, and for other purposes (P.L. 110–48) ...... 12 3 0 Total, enacted this session ...... ¥782 12 ¥190 Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥30 0 0 Total Current Level 1, 2/ ...... 2,255,557 2,268,636 1,904,516 Total Budget Resolution ...... 2,376,360 2,299,752 1,900,340 Adjustment to the budget resolution for emergency requirements 3/ ...... ¥120,803 ¥31,116 0 Adjusted Budget Resolution ...... 2,255,557 2,268,636 1,900,340 Current Level Over Adjusted Budget Resolution ...... 0 0 4,176 Current Level Under Adjusted Budget Resolution ...... 0 0 n.a. SOURCE: Congressional Budget Office

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U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28) ...... 120,803 31,116 n.a. 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. 3 S. Con. Res. 21, as adjusted pursuant to section 207(f), assumed $120,803 million in budget authority and $31,116 million in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1), budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison.

U.S. CONGRESS, the Budget for Fiscal Year 2008, as approved A bill to provide for the extension of Tran- CONGRESSIONAL BUDGET OFFICE, by the Senate and the House of Representa- sitional Medical Assistance (TMA) and the Washington, DC, July 26, 2007. tives. Abstinence Education Program through the Hon. KENT CONRAD, Pursuant to section 204(a) of S. Con. Res. end of the fiscal year 2007, and for other pur- Chairman, Committee on the Budget, 21, provisions designated as emergency re- poses (Public Law 110–48). U.S. Senate, Washington, DC. quirements are exempt from enforcement of In addition, the Congress has cleared for DEAR MR. CHAIRMAN: The enclosed report the budget resolution. As a result, the en- the President’s signature a joint resolution shows the effects of Congressional action on closed current level report excludes these approving the renewal of import restrictions the fiscal year 2008 budget and is current amounts (see footnote 1 of Table 2 of the re- contained in the Burmese Freedom and De- through July 24, 2007. This report is sub- port). mocracy Act of 2003, and for other purposes mitted under section 308(b) and in aid of sec- (H.J. Res. 44). Since my last letter, dated June 27, 2007, tion 311 of the Congressional Budget Act, as The effects of those actions are detailed on the Congress has cleared and the President amended. Table 2. has signed: The estimates of budget authority, out- Sincerely, lays, and revenues are consistent with the An act to extend the authorities of the An- PETER R. ORSZAG, technical and economic assumptions of S. dean Trade Preference Act until February 29, Director. Con. Res. 21, the Concurrent Resolution on 2008 (Public Law 110–42); and TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2008, AS OF JULY 24, 2007 (In billions of dollars)

Budget Current Level Current Over/Under(¥) Resolution 1 2 Level Resolution

ON-BUDGET Budget Authority ...... 2,350.3 1,422.2 ¥928.1 Outlays ...... 2,353.9 1,767.2 ¥586.7 Revenues ...... 2,015.8 2,050.4 34.6 OFF-BUDGET Social Security Outlays 3 ...... 460.2 460.2 0.0 Social Security Revenues ...... 669.0 669.0 0.0 SOURCE: Congressional Budget Office. 1 S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, as adjusted pursuant to section 207(f), assumed approximately $0.6 billion in budget authority and $48.6 billion in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1 of table 2), budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. Additionally, section 207(c)(2)(E) of S. Con. Res. 21 assumed $145.2 billion in budget authority and $65.8 billion in outlays for overseas deployment and related activities. Pending action by the Senate Committee on Appropriations, the Senate Committee on the Budget has directed that these amounts be excluded from the budget resolution aggregates in the current level report. 2 Current level is the estimated effect on revenue and spending of all legislation that the Congress has enacted or sent to the President for his approval. In addition, full-year funding estimates under current law are included for entitlement and mandatory programs requiring annual appropriations, even if the appropriations have not been made. 3 Excludes administrative expenses of the Social Security Administration, which are off-budget, but are appropriated annually.

TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2008, AS OF JULY 24, 2007 (In millions of dollars)

Budget Au- thority Outlays Revenues

Enacted in previous session: Revenues ...... n.a. n.a. 2,050,796 Permanents and other spending legislation ...... 1,410,115 1,351,590 n.a. Appropriation legislation ...... 0 419,862 n.a. Offsetting receipts ...... ¥575,635 ¥575,635 n.a.

Total, enacted in previous session ...... 834,480 1,195,817 2,050,796 Enacted this session: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28)1 ...... 1 42 ¥335 An act to extend the authorities of the Andean Trade Preference Act until February 29, 2008 (P.L. 110–42) ...... 0 0 ¥41 A bill to provide for the extension of Transitional Medical Assistance (TMA) and the Abstinence Education Program through the end of fiscal year 2007, and for other purposes (P.L. 110–48) ...... 96 99 0

Total, enacted this session ...... 97 141 ¥376 Passed, pending signature: A joint resolution approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes (H.J. Res. 44, Pending Signa- ture) ...... 0 0 ¥2 Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 587,601 571,260 0 Total Current Level l, 2 ...... 1,422,178 1,767,218 2,050,418 Total Budget Resolution ...... 2,496,053 2,468,314 2,015,841 Adjustment to the budget resolution for emergency requirements 3 ...... ¥605 ¥48,639 n.a. Adjustment to the budget resolution pursuant to section 207(c)(2)(E) 4 ...... ¥145,162 65,754 n.a. Adjusted Budget Resolution ...... 2,350,286 2,353,921 2,015,841 Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 34,577 Current Level Under Adjusted Budget Resolution ...... 928,108 586,703 n.a. SOURCE: Congressional Budget Office NOTES: n.a. = not applicable; P.L. = Public Law 1 Pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2008, which are not included in the current level total, are as follows: Budget Authority Outlays Revenues

U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28) ...... 605 48,639 n.a. 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. 3 S. Con. Res. 21, as adjusted pursuant to section 207(t), assumed $605 million in budget authority and $48,639 million in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1), budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. 4 Section 207(c)(2)(E) of S. Con Res. 21 assumed $145,162 million in budget authority and $65,754 million in outlays for overseas deployment and related activities. Pending action by the Senate Com- mittee on Appropriations, the Senate Committee on the Budget has directed that these amounts be excluded from the budget resolution aggregates in the current level report.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10135 TREASURY CONFERENCE ica, we need to lower our corporate tax cook with the Headquarters and Head- Mr. SMITH. Mr. President, I rise rate. quarters Detachment, 759th Military today to commend Treasury Secretary This fall I plan to introduce legisla- Police Battalion. After his first deploy- Paulson and his staff at the Treasury tion that will lower our corporate tax ment, he switched duties and trained Department for convening the Treas- rate. I look forward to working with with the military police. He was then ury Conference on Business Taxation the administration and Congress in en- assigned to the 984th Military Police and Global Taxation. The purpose of acting this important reform. And I Company in October 2005. this conference is to examine ways our once again applaud the Treasury De- He received many military honors, current business tax system affects partment for examining our broken including the Combat Action Badge, economic growth, job creation, and corporate tax code. Army Commendation Medal, Army competitiveness. This is a very impor- f Good Conduct Medal, Iraq Campaign tant issue that requires our immediate Medal, Global War on Terror Service attention. HONORING OUR ARMED FORCES Medal, Army Service Medal, Army Today American companies compete SERGEANT JOHN R. MASSEY Service Ribbon, and National Defense in a global market. In the 1960s, trade Mrs. LINCOLN. Mr. President, Ar- Service Medal. in goods to and from the United States kansas lost another great young pa- Family members remembered him represented just over 6 percent of GDP. triot last week when Sergeant John R. for his outgoing personality and his Today, it represents over 20 percent of Massey of Judsonia, AR, died from love of cooking and drawing. He is sur- GDP, a threefold increase. The U.S. combat wounds after an improvised ex- vived by his wife Ellie; his father and role in the global economy also is quite plosive device detonated near his vehi- mother, Frank and Cecilia Varga; sis- different. Forty years ago, the United cle in Baghdad. Sergeant Massey was a ters Pamela Poelker, Carey Noland, States was dominant, accounting for member of the Arkansas National and Amanda Reimann; paternal grand- over half of all multinational invest- Guard’s C Battery, 2nd Battalion, 142nd mother, Marge Varga; maternal grand- ment in the world. Yet, today the Fires Brigade based in Ozark, AR. parents, Glen and Charlotte Little, as United States economy represents 20 Sergeant Massey was remembered by well as numerous nephews and nieces. percent of global GDP. friends and family as a good father who f However, our Tax Code has not kept enjoyed playing with his kids, spending THE CYPRIOT PEACE PROCESS up with the globalization of the U.S. time with his family, and riding his Mr. BIDEN. Mr. President, 1 year ago economy. The rules are outdated and Harley-Davidson motorcycle. Major penalize U.S. economic interests by this month, the United Nations Under General William D. Wofford also shared Secretary-General for Political Affairs, hindering American businesses’ ability stories about Sergeant Massey’s dedi- to effectively compete in our global Ibrahim Gambari, presided over a joint cation to serve. According to the Ar- meeting between the President of the economy. kansas Democrat Gazette, Wofford had The most significant demonstration Republic of Cyprus, Tassos been told by Sergeant Massey’s father of our Tax Code’s inadequacies is the Papadopoulos, and the head of the that he had always wanted to be in the corporate tax rate. As Treasury stated Turkish Cypriot community, Mehmet military and that ‘‘this is the way in its conference materials, since 1980, Ali Talat. Their discussions reaffirmed John would have wanted to go out—as the United States has gone from a high a commitment by both sides to forge a a soldier.’’ A fellow soldier noted, ‘‘All corporate tax-rate country to a low- lasting peace on Cyprus and push for- you needed to tell him was when and rate country and back again to a high- ward with talks to that end. where, and it would be done.’’ In fact, rate country today. According to re- In the months since that meeting, Wofford recalled once asking Massey if search done by the Tax Foundation, the Cypriot peace process has stag- he would like to give up his spot man- the United States has the second high- nated. The talks that both sides agreed ning a .50 caliber machine gun in the est corporate tax rate in the OECD. to never took place, and petty disputes turrets of his armored patrol vehicle. The only country with a higher cor- over bureaucratic issues have stymied According to Wofford, Sergeant Massey porate tax rate is Japan. The U.S. cor- progress on substantive negotiations. said, ‘‘You can order me out of the tur- porate tax rate is higher than the rate Simply put, the people of Cyprus de- ret . . . That’s the only way I’m leav- in all European Union countries. serve better. Furthermore, the United States is ing.’’ When it was all said and done, A generation of Cypriots has now one of only two OECD countries that Major General Wofford said that ‘‘Ser- grown to adulthood estranged from has not reduced rates since 1994—and geant. Massey stayed in the turret their peaceful shared history and their one of only six OECD countries that until the very end.’’ promising shared destiny. I believe we have not reduced rates since 2000. Ac- Sergeant Massey was posthumously must correct this wrong before others cording to KPMG, the average cor- awarded the Bronze Star and Purple on the island endure a similar fate. Un- porate tax rate in the European Union Heart, as well as the Arkansas Distin- less the peace process begins to move has fallen from 38 percent in 1996 to 24 guished Service Medal. He is survived at a much faster pace, that may not percent in 2007. The United States has by his wife Amanda ‘‘Mandy’’ Massey; happen. an average corporate tax rate of about two daugthers, Monica and Emily; son In the last few days, there have been 39 percent, including State level cor- Joseph; mother Deborah Massey; and some signs of progress but also trou- porate taxes. The U.S. rate has not father Ray Massey; as well as other rel- bling indications that the paralysis of dropped recently. In fact, the last time atives and friends. the past year might continue. Presi- Congress acted on the corporate tax SPECIALIST ROBERT D. VARGA dent Papadopoulos invited Mr. Talat to rate, we actually raised it. Mr. President, I also rise to recognize discuss the peace process, a significant According to a recent Treasury SPC Robert D. Varga of Monroe City, step in the right direction. However, study, a country with a tax rate 1 per- MO, who died on July 15, 2007, from Mr. Talat—after first accepting the in- centage point lower than another coun- noncombat related injuries in Baghdad. vitation—later claimed that it was not try’s attracts 3 percent more capital. Rob and his wife, Ellie Madder Stone, the right time for a meeting. I sin- Therefore, this international trend of called Little Rock, AR, home and were cerely hope he will change his view and lower corporate tax rates is not sur- married last year on September 5, 2006. that the resulting discussions will prising, and it is critical that the According to Specialist Varga’s yield real results. Neither side can af- United States follow suit. mother, Cecilia Varga, he was in the ford to engage in another round of foot- A high corporate tax rate is not good Army to serve his country and further dragging. I do not want to look back in for American businesses—or our econ- his education. He came from a military a year on another anniversary of omy. A high rate deters corporate in- family: his father served in Vietnam, missed opportunities. vestment in the United States. It also grandfather served in World War II, Since 2003, there have been millions incentivizes companies to shift their and two brothers-in-law served in Iraq. of peaceful crossings at the Green Line profits to lower tax jurisdictions. To Specialist Varga joined the Army in that segregates the island’s two com- attract businesses and profits to Amer- 2003 and was originally deployed as a munities. Cypriots of all ethnicities

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10136 CONGRESSIONAL RECORD — SENATE July 26, 2007 have clearly demonstrated their ability Two months ago, I offered amend- marketing drug safety should be able to coexist. It is time for political lead- ment No. 1039 to S. 1082, because I be- to express their opinions in writing and ers to bring their policies in line with lieved—and still believe—that S. 1082 independently without fear of retalia- the actions of their people. As part of does not address a fundamental prob- tion, reprimand, or reprisal. But in the that process, Turkey should begin the lem at the Food and Drug Administra- past 2 months, I have had to write to withdrawal of troops from Cyprus. The tion—the lack of equality between the the FDA regarding the suppression of presence of these forces is neither jus- preapproval and postapproval offices of dissent from not one but two FDA offi- tified nor necessary and complicates the agency, the Office of New Drugs cials involved in the review of Avandia. efforts to return the island to a state of and the Office of Surveillance and Epi- Last month, I expressed concerns lasting peace. demiology, respectively. The Office of about FDA’s treatment of the former Mr. President, as I have said before, New Drugs approves drugs for the mar- Deputy Director of the Division of the reunification of Cyprus will have ket, while the Office of Surveillance Drug Risk Evaluation. I urged the significance far beyond the Mediterra- and Epidemiology monitors and as- Commissioner to take appropriate cor- nean. The island could serve as an ex- sesses the safety of the drugs once they rective actions. That deputy director ample of how different ethnic groups are on the market. had been verbally reprimanded because can overcome past wrongs, bridge dif- My amendment was intended to curb she signed off on a recommendation ferences, and live together as neigh- delays in FDA actions when it comes that a black box warning be placed on bors. I am confident that future gen- to safety. Avandia for congestive heart failure. erations of Cypriots can serve as such a The Institute of Medicine recognized This week, I wrote to the Commis- model and, in doing so, enjoy the peace the imbalance between the Office of sioner about a senior medical officer in that they rightly deserve. I hope that New Drugs and the Office of Surveil- the Office of New Drugs who was re- their political leaders will move quick- lance and Epidemiology and rec- moved from the review of potential ly to afford them that opportunity. ommended joint authority between cardiovascular safety problems associ- these two offices for postapproval regu- f ated with Avandia. This medical officer latory actions related to safety. My also believed that there was enough NATIONAL DAY OF THE AMERICAN amendment did just that. evidence to support a black box warn- COWBOY While I believe an independent post- ing on Avandia regarding congestive Mr. ENZI. Mr. President, I rise to re- marketing safety center is still the heart failure. But I guess that FDA member my dear friend and colleague, best solution to the problem, joint management just did not want to hear Senator Craig Thomas. Craig was a postmarketing decisionmaking be- about drug safety problems—again. champion for Wyoming, the West, and tween the Office of Surveillance and Of the two bills up for discussion, its values. Every year, for the last sev- Epidemiology and the Office of New neither the Senate nor the House eral years, Craig championed a resolu- Drugs at least would allow the office version will give postmarketing sur- tion honoring the American cowboy. A with the postmarketing safety exper- veillance the equal footing it deserves true cowboy in his own right, Craig tise to have a say in what drug safety with drug approval. But I appreciate sought to honor those who serve as actions the FDA would take. the attempt by my colleagues in the Unfortunately, this amendment lost stewards of the land, embody the cou- House to provide some transparency in by one vote. But the fact that it lost by rageous and daring spirit of the West, FDA’s postmarketing drug safety sys- such a narrow margin demonstrates and uphold the values of freedom and tem. Transparency is the key to ac- that many of my Senate colleagues responsibility that we all cherish. also recognize the seriousness of this countability. In particular, I welcome I was proud to support my friend in problem and believe action by Congress the provision in H.R. 2900 that would this endeavor over the years to honor is necessary. require FDA to report to Congress on these great individuals, and today, I I have seen time and time again in drug safety recommendations received am pleased the President has also stat- my investigations that serious safety in consultation with, as well as the reed his support for the National Day of problems that emerge after a drug is on ports from, the Office of Surveillance the American Cowboy. As cowboys, the market do not necessarily get and Epidemiology. If FDA does not act cowgirls, family, and friends gather on prompt attention from the Office of on a recommendation from the Office July 28, 2007, to celebrate at Cheyenne New Drugs, the office that approves of Surveillance and Epidemiology or it Frontier Days and nationwide, I extend drugs to go on the market in the first takes a different action, the agency my best wishes to all. place. We saw this with Vioxx and would be required to provide its jus- f more recently with the diabetes drug tification to Congress. In its report released last fall, the In- FDA LEGISLATION Avandia. FDA has disregarded and downplayed stitute of Medicine called for specific Mr. GRASSLEY. Mr. President, I am important concerns and warnings from safety-related performance goals in the here today to speak about S. 1082, the its own best scientists. We saw evi- Prescription Drug User Fee Act, Food and Drug Administration Revital- dence of that in the way FDA treated PDUFA, of 2007 to restore balance be- ization Act, and H.R. 2900, the Food Dr. Andrew Mosholder’s findings on tween speeding access to drugs and en- and Drug Administration Amendments antidepressants and Dr. David Gra- suring their safety. Act of 2007. ham’s findings on Vioxx. The FDA even I have heard from FDA employees The Senate passed S. 1082 in May and attempted to undermine the publica- that because of the PDUFA deadlines, the House passed H.R. 2900 earlier this tion of Dr. Graham’s findings in the the staff in the Office of New Drugs is month. As the House and Senate go journal Lancet. under tremendous time pressure to ap- into conference and work to resolve My current review of FDA’s handling prove new drugs quickly, so safety con- differences between these two bills, I of Avandia has unearthed concerns cerns often needed to be ‘‘fit in’’ wher- urge my colleagues to keep in mind the similar to those we have seen in the ever they could. This reinforces a point public’s interest. past—a situation where FDA ignored I have frequently made in the past—the Both bills contain provisions that at- its own postmarketing safety experts Office of New Drugs doesn’t give post- tempt to address some of the problems and once again left the public in the marketing drug safety the attention or that have been plaguing the FDA over dark regarding potential, serious priority it deserves. the past 3 years. Some of these issues health risks. The House bill attempts to address are better addressed by the Senate bill Not only did the FDA disregard the this, in part, by requiring that post- and others by the House bill. concerns and recommendations from marketing safety performance meas- I am going to spend the next few the office responsible for post- ures be developed that are ‘‘as measur- minutes to comment on what the bills marketing surveillance, but I have able and rigorous as the ones already don’t do and point out some of the profound that it also attempted to sup- developed for premarket review.’’ visions that I believe are important to press scientific dissent. S. 1082 requires that the Secretary improving drug safety at the FDA that As I have said many times before, assess and implement the risk evalua- will benefit all Americans. FDA employees dedicated to post- tion and management strategies in

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10137 consultation with the Office of New ical that the following provision in S. some bite to go with the bark. If mone- Drugs and the Office of Surveillance 1082 survives the legislative conference tary penalties are nothing more than and Epidemiology. It also calls for a re- process—the provision that states that the cost of doing business, you won’t port to Congress on the assessment of a scientific review of a drug applica- change behavior. More importantly, that coordination. tion must not be changed by FDA man- you can’t deter intentional bad behav- The requirement that these two of- agers or the reviewer once it is final. ior. fices be consulted doesn’t necessarily S. 1082 also requires FDA to seek out- In closing, I would like to thank Sen- change the status quo. The Office of side expert opinions on drug safety ators KENNEDY and ENZI and Congress- Surveillance and Epidemiology is still questions at least two times a year men DINGELL and BARTON for their tre- just a consultant to the Office of New from its Drug Safety and Risk Manage- mendous efforts on these bills. We have Drugs, and the Office of New Drugs de- ment Advisory Committee and other an opportunity to reform, improve, and cides—and will continue to decide— advisory committees. reestablish the FDA as the gold stand- what, if any, action will be taken to Another important provision in S. ard for drug safety. If Congress is going address a safety issue. But I hope that 1082 is a requirement that FDA estab- to make meaningful changes to the requiring that the office responsible for lish and make publicly available clear, FDA to increase transparency and ac- postmarketing surveillance be at the written policies on the review and countability, it is critical that the pro- table would encourage FDA to better clearance of scientific publications by visions I have discussed today make it define the role of this office on drug FDA employees. into the bill that comes out of con- safety matters and give this office a Some of the stronger provisions reference. To do less would deny the greater voice, albeit a limited one. garding the expansion of the clinical American people safer drugs when they Last fall, the Government Account- trial registry come from the House bill. reach into their medicine cabinets. ability Office reported that the Office While both bills address clinical trial of New Drugs typically sets the agenda registration, the House bill adopts a f and chooses the presenters at FDA’s much broader definition of applicable HONORING THE PRESIDENT OF scientific advisory meetings. The GAO clinical trials. ‘‘Thus, information THE REPUBLIC OF CYPRUS recommended that the role of the Of- about many more trials would be made fice of Surveillance and Epidemiology publicly available through the Internet Mr. BAYH. Mr. President, I believe be clarified. After all, this office is the under the House bill.’’ that Members of the Senate and House expert on postmarketing safety mat- Clinical trial registries serve an im- of Representatives will be pleased that ters. portant function—they foster trans- two of our distinguished former col- This week, Senator BAUCUS and I parency and accountability in health- leagues were this month honored by sent a letter to the FDA to express related research and development by President of the Republic of Cyprus, concerns regarding an upcoming advi- ensuring that the scientific and med- Tassos Papadopoulos. sory committee meeting on Avandia. ical communities and the general pub- In ceremonies on July 3 at the Presi- As usual, the Office of New Drugs is lic have access to basic information dential Palace in Nicosia, the capital setting the agenda here. We pointed about clinical trials. Mandatory post- of Cyprus, President Papadopoulos be- out to the FDA that it doesn’t make ing of clinical trial information would stowed on Senator Sarbanes and Con- sense that it is the drug approval office help prevent companies from with- gressman Brademas the Grand Cross of and not the postmarketing safety of- holding clinically important informa- the Order of Makarios III. fice that controls the advisory com- tion about their products. John Brademas, who served for 22 mittee meeting convened for the pur- I have heard from some scientists years as Representative in Congress pose of discussing postmarketing safe- that they can’t disclose the findings of from the District centered in South ty matters. their studies because the data belongs Bend, IN, was author or coauthor of In addition to the provisions I have to the manufacturer. It is up to the much of the legislation enacted during mentioned so far, both the Senate and manufacturer to decide if and when the those years in support of schools, col- House bills would give FDA the much results would be published, and those leges, and universities; libraries and needed authorities to require labeling results don’t always see the light of museums; the arts and the humanities. changes and postapproval studies; how- day. In his last 4 years, he was Majority ever, the House bill includes additional But scientists need access to all of Whip of the House of Representatives. provisions outside of the risk evalua- the evidence to conduct a full and inde- Paul Sarbanes served in the House of tion and management strategy process pendent review of a product’s safety. Representatives for 6 years and the that is established under both bills. However, we know that relevant data Senate for 30 years. As chair of the The House bill specifically enables are not always made available for fur- Senate Committee on Banking and the Secretary to initiate action on ther review by independent scientists. Urban Affairs, he was principal author drug labeling and postapproval studies. While the House bill does not require of the Sarbanes-Oxley Act of 2002, to For example, outside of the risk eval- manufacturers to share its data with ensure integrity in corporate govern- uation and management strategy proc- other scientists, it does require the ance. ess, the Secretary may require a manu- sponsor of a study to report whether or Both John Brademas and Paul Sar- facturer to conduct postapproval re- not agreements were made restricting banes were Rhodes scholars and so search to assess or identify potential individuals from discussing or pub- studied at Oxford University, from health risks. lishing trial results. which both earned degrees. John Another provision that would im- In addition, for FDA’s new authori- Brademas also graduated from Harvard prove transparency at the FDA is a ties to be effective, there has to be University and Paul Sarbanes from provision in the Senate bill that re- strong civil monetary penalties. In Princeton University and the Harvard quires FDA to post on its Web site, the May, I also offered amendment No. 998 Law School. ‘‘action package’’ for the approval of a to S. 1082. That amendment passed. John Brademas was the first native- new drug within 30 days of approval. Amendment No. 998 provides for the born American of Greek descent elect- That action package would contain any application of stronger civil monetary ed to Congress, House or Senate; Paul document generated by the FDA re- penalties for violations of approved Sarbanes was the first Greek-American lated to the review of the drug applica- risk evaluation and mitigation strate- elected to the Senate. I note that his tion, including a summary review of all gies. son, JOHN SARBANES, was last Novem- conclusions and, among other things, While significant monetary penalties ber in Maryland elected to Paul’s any disagreements and how they were may be imposed under the House bill former seat in the House of Represent- resolved. for continuous violations, the min- atives. Further, in light of the many allega- imum penalty for a violation under the While in Nicosia, both former Sen- tions that FDA safety reviewers are Senate bill would be higher because of ator Sarbanes and former Congressman sometimes coerced into changing their my amendment. We need to make sure Brademas also visited the HSPH-Cy- scientific findings, I believe it is crit- that we’re giving FDA, the watchdog, prus International Initiative for the

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10138 CONGRESSIONAL RECORD — SENATE July 26, 2007 Environment and Public Health, a pro- tice, which I will have the honour of inau- Mr. BAYH. Mr. President, at this point in gram associated with the Harvard gurating in September. the RECORD, I ask unanimous consent that School of Public Health. PAUL SARBANES the remarks of former Congressman Brademas on this occasion be printed in the At this point in the RECORD, I ask Paul Sarbanes was born in Salisbury, RECORD. Senator Sarbanes responded extem- unanimous consent that the remarks of Maryland, of Greek parents. After serving in the Maryland House of Delegates for four poraneously on this occasion. President Papadopoulos of the Repub- There being no objection, the mate- lic of Cyprus at the Presidential Pal- years, he was elected to the United States Congress in 1970 and served in the House of rial was ordered to be printed in the ace, Nicosia, Cyprus, on July 3, 2007, be Representatives for six years. RECORD, as follows: printed in the RECORD. In 1976 he was elected to the United States REMARKS OF DR. JOHN BRADEMAS PRESIDENT There being no objection, the mate- Senate for the State of Maryland and was re- EMERITUS, NEW YORK UNIVERSITY AND rial was ordered to be printed in the elected four more times, serving for a total FORMER MEMBER, INDIANA, 1959–1981, RECORD, as follows: of thirty years, before retiring this January. UNITED STATES HOUSE OF REPRESENTATIVES As Chair of the Senate Banking and Urban REMARKS OF PRESIDENT TASSOS President Papadopoulos; Your Eminence, Affairs Committee in 2001–02, he was the PAPADOPOULOS OF THE REPUBLIC OF CYPRUS Archbishop Chrysostomos; Your Eminence, main architect of the 2002 Sarbanes-Oxley Senator Sarbanes; Congressman Brademas; Archbishop Demetrios; Ambassador Act, which effectuated one of the most sig- Schlicher; distinguished guests and friends Your Eminence, Archbishop Chrysostomos; nificant changes to United States Securities Your Eminence, Archbishop Demetrios; Am- all, I want to express to you, Mr. President, laws in over 70 years. my deepest appreciation for the high honor bassador Schlicher; distinguished friends and As impressive as their domestic record, it that you do my colleague and valued friend, guests, is the steadfast support for the just cause of It gives me great pleasure to welcome you Senator Paul Sarbanes, and me with the Cyprus of Senator Sarbanes and Congress- award of the Grand Cross of the Order of tonight at the Presidential Palace in order man Brademas which brings us here today. to pay tribute to two long-standing and un- Makarios III. Immediately after the Turkish invasion of I want to recognize as well Dr. Phillip wavering supporters of the people of the 1974, John Brademas and Paul Sarbanes, with whole of Cyprus, Senator Paul Sarbanes and Mitsis, Alexander S. Onassis Professor of the help of the late Congressman Benjamin Hellenic Culture and Civilization and Pro- Congressman John Brademas. Rosenthal of New York and Senator Thomas I have had the privilege of knowing both fessor of Classics at New York University, Eagleton of Missouri, who recently passed and his wife, Sophia Kalantzakos, a Member these distinguished gentlemen for many away, led the successful effort of enforcing years and I consider them to be among the of the Parliament of Greece. an arms embargo against Turkey. As Dr. Let me here also thank the distinguished most ardent, tireless and unflinching sup- Brademas put it himself, Paul Sarbanes and Ambassador of the United States to the Re- porters for the just cause of Cyprus in the he were not the Greek lobby, but the ‘‘rule of public of Cyprus, His Excellency, Ronald L. United States. law lobby’’. Schlicher, for having this week so graciously Senator Sarbanes and Congressman This last notion forms the cornerstone of received Senator and Mrs. Sarbanes, my wife Brademas ably represented the people in their support towards Cyprus. Both men and me. their respective constituencies for decades, have for many years advocated for a just so- It was nearly one year ago, on September as well as successfully advancing the aspira- lution to the Cyprus problem, not only be- 8, 2006, that I had the privilege of welcoming tions and objectives of the Hellenic Amer- cause it is a Hellenic issue, but because it is to New York University the distinguished ican Community. I can think of no other two essentially a rule of law and human rights President of the Republic of Cyprus, His Ex- people who have done more for the nurturing issue, under United States law. Only a solu- cellency, Tassos Papadopoulos, and now I am of closer bonds between the people of Cyprus tion based on the relevant Security Council pleased to be in the country he so faithfully and the United States of America. I have al- Resolutions and in accordance with the prin- serves as leader. ways held the view and have declared on sev- ciples of international law, as well as the I hope, Mr. President, and ladies and general public occasions that the first loyalty of Acquis Communautaire of the European tlemen, you will allow me a few words to say Americans of Greek origin is to their host Union, can secure a permanent, viable and why this honor is so meaningful to me. country, the United States of America. stable solution, which will benefit all Cyp- As most of you know, I am the first native- When, however, the best interests of the riots. Such a solution, which is not tailor- born American of Greek origin elected to the United States and the rules of international made for the satisfaction of outside parties, Congress of the United States—my late fa- law and practice are not incompatible with will enhance the stability of the Eastern ther was born in Kalamata. the special interests of Greece and of Cyprus, Mediterranean and is conducive to the inter- I was for 22 years a Member of the House of we hope and expect that they will lean to- ests of the United States. Representatives, from the State of Indiana. wards and publicly remember their ethnic In Congress, I was a member of the com- THE RULE OF LAW roots. Both gentlemen have admirably mittee with responsibility for education leg- honoured these principles. John Brademas and Paul Sarbanes consist- islation and so helped write all the laws en- For all these reasons, the Government of ently advanced the cause of Cyprus through- acted during those two decades and two the Republic of Cyprus has decided to pay out their political careers. In so doing, they years to support schools, colleges and uni- tribute to their life-long commitment to the have been the embodiment of values cher- versities; libraries and museums; the arts Rule of Law, ‘‘justice for Cyprus’’, for the ished by America, such as the rule of law, re- and the humanities. And in my last four condemnation of the Turkish invasion of Cy- spect for human rights and democratic gov- years, I served as the Majority Whip of the prus, for the end of the occupation of Cyprus ernance, which are, alas, all too often swept House of Representatives, part of the Leader- soil by Turkish troops, for the end of the aside for reasons of political expedience. ship of the Democratic Party. massive violations of human rights in Cy- Tonight’s honourees, have been excep- In 1981 I became president of New York prus by Turkey and for promoting a just, tional leaders of the Greek-American Com- University or, as we call it, NYU, the largest functional and lasting solution to the Cyprus munity. I would be remiss if I did not dedi- private university in my country. I am now issue. cate a few words towards the Hellenic dias- president emeritus. pora in the United States. The President of SENATOR PAUL SARBANES JOHN BRADEMAS the Cyprus Federation of America, Mr. Peter I am so pleased that my distinguished John Brademas was born in Mishawaka, Papanicolaou, is amongst us today, so I take friend, United States Senator Paul Sarbanes Indiana, of Greek parentage. He was elected this opportunity to convey through him the of Maryland, is here with his lovely wife, to the United States Congress in 1958 as a sincere appreciation of the Cypriot people Christine, and am, of course, delighted that Representative of Indiana’s Third District, for the Community’s tireless support and to my brilliant and beautiful physician wife, thus becoming the first U.S.-born Greek- urge you, dear Peter, to continue with your Mary Ellen, has joined me for this ceremony. American to be elected to the United States efforts until Cyprus is free and freely reuni- And I want to thank my dear cousin, Anna Congress and paving the way for, among oth- fied, in its territory, society, institutions Bredima-Savopoulou, Counsel for the Union ers, Paul Sarbanes, Paul Tsongas and Mike and economy. of Greek Shipowners, for having flown here Bilirakis. I would also like to welcome again to Cy- from Athens to be on hand for this cere- He represented his district for twenty-two prus the spiritual leader of the community, mony. I am very proud of Anna’s accomplish- years (1959–1981), the last four as Majority His Eminence, Archbishop Demetrios, and to ments. Whip for the Democratic Party. Upon leav- thank him for his efforts to stop the pillage Paul Sarbanes, as you know, for many ing Congress, Dr. Brademas served as Presi- and destruction of Cyprus’ religious and cul- years a leading member of the United States dent of New York University from 1981 to tural heritage in the occupied area. Senate and, indeed, the first Greek-Amer- 1992 and has since been President Emeritus. Before I conclude my remarks, I wish to ican elected to the Senate, and a valued ally He has been integral in establishing a close- once again express the heartfelt gratitude in the struggle for justice for Cyprus, is knit relationship between Cyprus and New and appreciation of the Government and peo- someone I have often described as ‘‘a modern York University, examples of which are the ple of Cyprus to Paul Sarbanes and John Pericles’’. current excavations in Yeronisos under Pro- Brademas for their unwavering commitment, I am delighted that Paul’s son, John Sar- fessor Joan Connelly and the Cyprus Global all these years, and to wish them the best of banes, was last November elected to rep- Professorship on History and Theory of Jus- luck for all their future endeavors. resent Paul’s former constituency in the

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10139 House of Representatives even as I’m pleased him that as American law mandated an im- must be met by the Government of Turkey to say that only a few weeks ago, Michael mediate halt to further shipment of arms to as it seeks to join the European Union and Sarbanes, another son of Paul and Christine, any country using American weapons for take advantage of the benefits of such mem- has announced his candidacy for the presi- other than defensive purposes, he should en- bership. dency of the City Council of Baltimore. Obvi- force the law and impose an embargo on fur- If a just settlement on Cyprus is one issue ously, politics runs in the Sarbanes family! ther U.S. arms to Turkey. related to Turkey’s desire to join the Euro- I’m glad, too, to welcome some other As this was the same week that Richard pean Union, there is another of which I shall friends from my days in Washington, includ- Nixon resigned the presidency, I reminded say a word. ing the distinguished former Ambassador of Secretary Kissinger that the reason Mr. ATTACKS ON ECUMENICAL PATRIARCHATE Cyprus to the United States, Andreas Nixon was on his way in exile to California Three years ago, His Eminence, Archbishop Jacovides, and his wife, Pamela, as well as was that he had not respected the laws of the Demetrios, Primate of the Greek Orthodox two great champions of the Hellenic cause in land or the Constitution of the United Church in America, testified on Capitol Hill my country and, indeed, the world, Andrew States. before the United States Helsinki Commis- Athens and Andrew Manatos. ‘‘You should do so,’’ I told Kissinger. sion. His Eminence and religious leaders of I’m pleased also that two vigorous voices He and the new President, Gerald R. Ford, other traditions voiced their concern about of the Cypriot community in the United refused to enforce the law, and, therefore, we the systematic efforts on the part of Turkey States are here today, Phillip Christopher in Congress did. to undermine the Orthodox Church and the and Panicos Papanicolaou. I remind you that the United States has a Ecumenical Patriarchate. I’m glad as well to greet a colleague from separation-of-powers constitutional system, I cite, by way of example, the expropria- New York University, an outstanding schol- not a parliamentary system! So in 1974, Con- tion by Turkish authorities of properties of ar, Professor Joan Breton Connelly, leader of gress voted an embargo on sending further Christian Orthodox communities, the refusal the excavation of Yeronisos Island and of an American weapons to Turkey. As I have from by the Turkish Government to accord rec- international team there. Professor Connelly time to time heard criticisms, in respect of ognition as a legal entity to the Ecumenical has just published a magnificent book, Por- the role of ‘‘the Greek lobby’’ in Congress, I Patriarchate, the shutdown of the Halki trait of a Priestess: Women and Ritual in observe that when we voted the embargo on School of Theology and other attacks on re- Ancient Greece, which has won splendid re- further U.S. arms to Turkey, there were only ligious minorities—Greek Orthodox, Arme- views in the New York Times and New York five of us of Greek origin in Congress, all in nian Orthodox, Roman Catholics, Jews. Review of Books. the House of Representatives: John For an impressive analysis of Turkish per- And I must salute that eminent archaeolo- Brademas, Paul Sarbanes, Peter Kyros, Gus secution of religious minorities, I refer you gist, Professor Vassos Karageorghis, director Yatron—all Democrats, all of whom sup- to the report issued only in May of this year of the Anastasios G. Leventis Foundation. ported the embargo—and one Republican, by the United States Commission on Inter- LINKS WITH CYPRUS Skip Bafalis, who voted against it. There national Religious Freedom. I have still other links with Cyprus. were at that time no Americans of Greek de- And I could add the powerful statement on I serve on the international advisory coun- scent in the Senate. religious freedom made by Congressman sel of The Pharos Trust, that splendid cham- Accordingly, this so-called ‘‘Greek lobby’’ Tom Lantos of California, chairman of the ber of cultural activity in Cyprus, led by was effective because of the validity of our Committee on Foreign Affairs of the United Garo Keheyan. And as a graduate of Harvard arguments and, if I may say so, of our work States House of Representatives, also last University, I’m pleased also to serve on the to generate support for our position not only May. Chairman Lantos sent a letter to Turk- Executive Council of the Cyprus Inter- among Greek-Americans across the country ish Prime Minister Erdogan urging him to national Initiative for the Environment and but among other Americans who shared our take several steps to liberalize Turkey’s Public Health—Harvard School of Public views. policies toward the Ecumenical Patri- Health. And as I’m recalling connections, ‘‘THE RULE OF LAW LOBBY’’ archate, once and for all. I’m glad again to see a respected Cypriot We were ‘‘The Rule of Law Lobby’’! Forty-two of Chairman Lantos’ Committee businessman, George Paraskevaides, and his I shall not here take time to review with colleagues, Democrats and Republicans, wife, Thelma. you my subsequent experience when Presi- signed the letter urging the Turkish Govern- Tonight I recall that it was nearly ten dent Jimmy Carter, to my distress, as I gen- ment to stop trying to bully the Ecumenical years ago in June of 1998, that I had the erally supported his Administration, called Patriarchate into extinction. privilege of visiting the University of Cyprus on Congress to support lifting the embargo You here better than I can speak of the and being received by its distinguished Rec- on Turkey despite the fact that there had desecration of Greek Orthodox churches in tor, Professor Dr. Miltiades Chacholiades, been no action to resolve the Cyprus ques- Turkish-occupied Cyprus. and of addressing members of the Cyprus tion. Let me conclude. As one who in the year Chamber of Commerce & Industry and Cy- Here I must pay tribute to my friend of 2001, in an address at the Bosphorous Univer- prus American Business Association. many years, Costa Carras, founder in London sity in Turkey, said that I wanted to see a Of course, particularly meaningful, all the of ‘‘Friends of Cyprus’’ who has continued to democratic Turkey, Turkey part of Europe more so in light of the decoration Paul Sar- call attention to the issue that concerns us and Turkey in the European Union, provided banes and I are today receiving, is the trip all—justice for Cyprus. In my view, finding a that country comply with the Copenhagen Paul and I made in August 1977 when we just resolution for Cyprus is an indispensable criteria, including respect for human rights, came here for the funeral of the great leader requirement as the European Union con- I must tell you that in 1974, when Paul Sar- of the Cypriot people, His Eminence, Arch- siders the application for membership of banes, our colleagues and I in Congress voted bishop Makarios. Turkey even as I believe there are other an embargo on further American arms to The connection, however, with Cyprus of commitments Turkey must make if it wishes Turkey, we made clear that for us this deci- which some of you may be most aware is the to join the EU. sion was a matter of respecting the rule of one of which I shall say a few words now. First, of course, is that Turkey comply law—a point I have made earlier. In 1967, when a group of Greek colonels with the so-called Copenhagen criteria, Paul Sarbanes and I, to repeat, were lead- overthrew young King Constantine of which include respect for minorities, respect ers of ‘‘The Rule of Law Lobby’’! Greece, I, the only Greek-American in Con- for human rights, respect for decent treat- Paul Sarbanes and I and many of our gress, sharply attacked the coup. I refused to ment of peoples. former colleagues in Congress—and I regret visit Greece or go to the Greek Embassy in Certainly it is not rational that a Euro- that I cannot include the present President Washington and I publicly opposed U.S. mili- pean Union member-state militarily occupy of the United States in this regard—will con- tary aid to Greece, arguing that as Greece another EU member-state, and Cyprus is now tinue to call on respect for the laws of our was a member of NATO, which championed a member of the European Union. own country even as we will continue to urge freedom, democracy and the rule of law, As today there are over 40,000 Turkish justice for the brave people of Cyprus. none of which values the Greek military armed forces in Cyprus, their continued pres- President Papadopoulos, thank you again junta supported, the United States should ence, if Turkey were in the European Union, for the great honor that you do Senator Sar- not be sending them arms. would be an offense to common sense. banes and me. TURKISH INVASION OF CYPRUS I add that there are an estimated 160,000 f In July 1974, the junta attempted to over- Turkish settlers in northern Cyprus while throw Archbishop Makarios, President of Cy- there are only 100,000 Turkish Cypriots! LANDMINES IN COLOMBIA prus, an action that brought the downfall of A second point: It is also unreasonable for Mr. LEAHY. Mr. President, the peo- the colonels but also triggered two invasions one member of the European Union to refuse ple of Colombia have endured decades of Cyprus by Turkish armed forces, forces to give diplomatic recognition to the exist- of civil conflict characterized by wide- equipped with weapons supplied by the ence of another member, and as we all know, spread killings and disappearances of United States, a legal ‘‘No-No’’. Turkey has refused to recognize the Republic So I led a group of several Members of the of Cyprus. civilians perpetrated by rebel groups House of Representatives, including then So these then are two of the conditions— and paramilitary death squads, some- Representative Sarbanes, to call on the Sec- removal of Turkish troops and diplomatic times with the active participation of retary of State, Henry Kissinger, and we told recognition of Cyprus—that it seems to me government security forces. In recent

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The harm to ci- pacity of the country’s dysfunctional vided Colombia with more than half a vilians and the contamination of the judicial system. billion dollars in mostly military and countryside caused by mines cannot be On July 18, a majority of members of counter-drug assistance, totaling more justified. the International Relations Committee than $5 billion. While there are programs to assist of the Guatemalan Congress, for rea- The primary goal of Plan Colombia, Colombia’s mine victims with rehabili- sons that only they can explain, voted at least as sold to the Congress, was to tation and vocational training, they against the CICIG agreement. Since decrease by half the amount of coca are far from adequate. I have supported then, several have changed their votes produced, resulting in commensurate efforts to increase U.S. assistance. We and I understand that on August 1 the reductions in the income derived from are looking at ways to use the Leahy full Congress will approve or reject the cocaine to the rebels and War Victims Fund to assist Colombian CICIG agreement or refer it to another paramilitaries and the amount of co- civilians who have been injured by committee. caine entering the United States. mines, and we are supporting United The question of whether to approve While there is no reliable evidence for Colombia’s efforts to obtain surgery CICIG is, of course, a decision solely that Plan Colombia has affected either in the U.S. for Colombian soldiers who for Guatemala’s Congress to make. But the price or availability of cocaine in have suffered grievous mine injuries. the importance of this historic decision the United States, the Office of Na- I have been a consistent critic of cannot be overstated for U.S.-Guate- tional Drug Control Policy reports that human rights violations in Colombia malan relations and for Guatemala’s profits from illegal drugs to the FARC where impunity remains a persistent future. rebels declined by about one-third be- problem. There have been thousands of Guatemala, like many impoverished tween 2003 and 2005. This is welcome killings of civilians, including of countries emerging from years of civil news. But whether this trend has con- human rights defenders, union mem- conflict, faces immense social, eco- tinued since then or has ebbed and bers, journalists, and others who have nomic and political challenges. With- flowed like most other statistics relat- been targeted by one armed group or out the support of countries like the ing to drug cultivation and trafficking another. Hardly any of these crimes United States in building its economy, in Colombia, is unknown. Unfortu- have resulted in convictions and pun- promoting foreign investment and nately, it is also not yet apparent that ishment. But none of that excuses the trade, and strengthening the institu- this reported reduction in profits has continued use of landmines by the tions of democracy, Guatemala will lag affected the FARC’s ability to operate. FARC and ELN. As I have said many behind its neighbors. While the majority of killings of ci- times before, the use of landmines Today, that support hangs in the balance. vilians during the 7 years of Plan Co- should be a war crime. It is barbaric; it The Bush administration has voiced lombia are attributed to is inhumane; it is indefensible. f strong support for CICIG. The U.S. paramilitaries, sometimes with the ac- Congress has linked a resumption of tive or tacit support of government INTERNATIONAL COMMISSION U.S. assistance for the Guatemalan forces, the FARC has engaged in many AGAINST IMPUNITY IN GUATE- Armed Forces, in part, on approval of atrocities, including attacks against MALA CICIG. In addition, I would be reluc- civilian targets and kidnapping. But Mr. LEAHY. Mr. President, last tant to support assistance for Guate- perhaps the most insidious of their week, I spoke in this Chamber about mala to take part in any regional secu- crimes is the widespread use of land- the current debate underway in Guate- rity initiative with the United States, mines. mala concerning the International unless CICIG is approved and sup- According to a report released yes- Commission Against Impunity in Gua- ported. There is little point in trying terday by Human Rights Watch, cas- temala, CICIG. In my brief remarks I to work with a government that fails ualties from landmines used by the recalled the 30 years of civil war that to demonstrate a strong commitment FARC, as well as by another rebel caused widespread atrocities against to ending impunity and to combating group known as the ELN, have risen civilians, particularly Guatemala’s gang violence and corruption, which steadily in recent years. As is so often Mayan population. A substantial ma- have infiltrated the very institutions the case with landmines which are trig- jority of those killings and disappear- that would participate in such a strat- gered indiscriminately by the victim, ances were perpetrated by Guatemalan egy. most of the casualties in Colombia security forces. CICIG is nothing less than a choice have been civilians. Since the signing of the Peace Ac- between the past and the future. Re- While the number of casualties did cords in 1996, most Guatemalans have jecting this historic initiative an out- not exceed 148 a year in the 1990s, tried to put the past behind them and come most Americans would find inex- Human Rights Watch reports that last rebuild their country. The United plicable would signal that the Guate- year the number was 1,107. This in- States and other donors have supported malan Congress is more interested in crease contrasts sharply with the that effort. protecting the forces of evil, and in worldwide decline in the use of these But key aspects of the Peace Accords covering up the truth, than in ending insidious weapons. In fact, Colombia is remain unfulfilled, and there has been the lawlessness that is taking Guate- among the more than 150 nations that no justice for the families of the war’s mala backwards. have signed or ratified the inter- many victims. Meanwhile, gang vio- f national treaty banning antipersonnel lence, drug trafficking, brutal killings mines. of women, and attacks against human INTERNALLY DISPLACED PERSONS According to press reports, the FARC rights defenders and others who speak IN COLOMBIA defends its use of mines by claiming out against corruption and impunity Mr. LEAHY. Mr. President, at a time that they are used only against govern- have increased exponentially and when we are focused on the chaos in ment security forces, not civilians. threaten the very foundations of Gua- Iraq and the flood of Iraqis who have That, however, is a specious claim, temala’s fragile democracy. fled their homes and are living either since mines are inherently indiscrimi- In recent years, the Guatemalan Gov- as displaced persons in Iraq or as refu- nate. They will kill or maim whoever ernment has worked with officials of gees in Jordan, Syria and elsewhere, I comes into contact with them, often the United Nations to draft the CICIG want to call attention to a humani- months or years after they are laid. I agreement, the latest version of which tarian crisis in our own hemisphere. have seen photographs of the horrific has been upheld by Guatemala’s con- In Colombia, a country of roughly 44 injuries suffered by both government stitutional court. million people, over 3 million have

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An aver- ment career in Essex, where his roots heart attack within 2 hours of his age of 18,000 Colombians are uprooted grow deep. chase and apprehension of an escaped every month, with more than 1 million I am proud to be able to call Dave juvenile whom he had been trans- forced to flee in the past 5 years alone, not only an accomplished Vermonter porting. The Demag family spent near- according to the United Nations High but also a good friend. We have known ly two decades fighting in court for Commissioner for Refugees. each other for years, having both start- workers’ compensation death benefits To put that in perspective, if the ed our careers in law enforcement in to no avail. What Dave and his family same ratio were applied to the United the city of Burlington. Dave began in went through left no doubt in my mind States, a country of roughly 300 mil- 1971 as a patrol officer for the Bur- that we should be treating the sur- lion people, there would be over 20 mil- lington Police Department, and was viving families of officers who die in lion internally displaced Americans. promoted through the ranks as cor- the line of duty with more decency and That is a staggering number when you poral, detective, sergeant, lieutenant respect. Although Dave knew that his consider the burden they would place and, finally, commander. In 1996, he family would not receive survivor ben- on public services and the environ- was appointed chief of police in St. Al- efits under the PSOB law, he did not ment. Colombia by comparison is a rel- bans, a post he held until May 2001, want other survivors of public safety atively poor country, and many of when he was named to Chief of Police officers to endure what his family suf- these people, the majority of whom are in Essex. fered. It was a great day when I told women and children, lack access to When he began his law enforcement Dave that the Hometown Heroes Act basic health care, sanitation, edu- career in the early 1970s, Dave worked had finally been signed into law. cation, adequate shelter, or employ- undercover on drug cases. One of the In 2001, Chief Demag was appointed ment. cases we worked together on—he as an on my recommendation to serve on the It is my understanding that Colom- undercover agent and me as the State’s 11-member U.S. Medal of Valor Review bia has suitable laws for addressing the attorney for Chittenden County—set Board, which selects and recommends needs of the internally displaced, but up a successful sting to catch Paul to the President public safety officers the laws are too often ignored or poor- Lawrence, a corrupt cop who framed to receive the Public Safety Officer ly implemented. Insecurity and inad- dozens of narcotics suspects. The Law- Medal of Valor. The Medal of Valor is equate public services in isolated rence case remains the first item Dave the highest national award for valor by areas, where many of the displaced are cites as the most memorable moments a public safety officer and is designed located, hinder return to their homes of his professional life. to recognize the extraordinary heroism and contribute to further displace- Known for his ability to earn and of our police, firefighters and correc- ment. command respect from his employees tional officers. As a board member, Recently, the House of Representa- and the public he serves, Chief Demag Dave has worked faithfully to award tives passed a resolution calling on the has led the Essex Police Department the medal to his public safety officers Colombian Government and the inter- with a steady hand and a calm pres- who demonstrate extraordinary valor national community to prioritize the ence. He is credited with revitalizing above and beyond the call of duty. needs of displaced persons, and recom- the Essex Police Department and I wish Dave and his wife Donna noth- mending that the United States in- changing the way it trains and pro- ing but the best as they head into the crease funding for emergency and long- motes officers. As chief, he has empha- next phase of their life together. I will term assistance. sized continuing education for mem- say, however, that whoever Essex ap- The Senate version of the fiscal year bers of the force and required pro- points as its next police chief will have 2008 State-Foreign Operations bill pro- motions to be based on ability rather the biggest of shoes to fill, as Dave vides $40 million for assistance for dis- than length of service. Demag is the best kind of leader a com- placed persons in Colombia. This is a $5 Dave’s leadership was especially ap- munity can hope for and he will be million increase above the President’s parent last August when a gunman missed. Thank you, Dave, and con- budget request, which was woefully in- went on a shooting spree at three sites gratulations for your service and com- adequate. As the White House urges across Essex, including an elementary mitment to the people of Essex and all Congress to continue funding aerial school, leaving two dead and three Vermonters. eradication programs which, despite wounded, including the gunman him- (At the request of Mr. REID, the fol- billions of dollars, have failed to make self. Taking swift and deliberate ac- lowing statement was ordered to be an appreciable dent in the amount of tion, Dave and his officers ushered doz- printed in the RECORD.) coca under cultivation, one would like ens of teachers and several children f to think that at some point they will away from the chaos at Essex Elemen- exhibit the same zeal for meeting the tary School and to safety as tactical- IRAN DIVESTMENT basic needs of Colombia’s most vulner- response officers wearing body armor ∑ Mr. OBAMA. Mr. President, I want to able people. and carrying automatic weapons bring to the attention of the Senate an f moved in and surrounded the building. important article that appeared in to- As a U.S. Senator, I have been privi- day’s Baltimore Sun. It describes the RETIREMENT OF DAVID DEMAG leged to work with Chief Demag and progress States are making in passing Mr. LEAHY. Mr. President, I wish to have his vocal support on an array of laws that divest their pension funds of take a moment to recognize the career initiatives—from bulletproof vests to companies that invest heavily in Iran’s of a real-life hero who stands tall as first responder funding—that have oil and gas industry. As highlighted in one of the bravest and most dedicated helped make the lives and work of the article, Florida enacted a signifi- public servants we have in Vermont if Vermont’s and our Nation’s police offi- cant law along these lines, and other not anywhere—Police Chief David cers a bit easier. But what stands out States, including my State of Illinois, Demag of the town of Essex Police De- most in my mind is his unwavering are on the verge of doing so. partment. After 36 years in law en- support for the Hometown Heroes Sur- The need for these laws is clear. Iran forcement, Dave will hang up his uni- vivors Benefits Act, which became law uses the revenue it generates from its form early next month and enter a in 2003 and expanded the Public Safety energy sector to finance its pursuit of well-earned retirement. Officer Benefits, PSOB, Program by al- nuclear weapons and support for ter- Dave comes from a family dedicated lowing survivors of public safety offi- rorist groups like Hezbollah and to police service—he is the fourth gen- cers who suffer fatal heart attacks or Hamas. Along with a sustained diplo- eration in his family to serve as a po- strokes while acting in the line of duty matic effort and toughened multilat- lice officer. In fact, his great-grand- to qualify for the Federal survivor ben- eral sanctions on Iran, divestment is a

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But, as the article points out, past Broad bipartisan support of this bill is a and getting, by the administration’s Supreme Court decisions have called sign that Congress sees sanctions—on both own account, excellent intelligence in into question whether States have the the state and federal levels as an important the war on terror. constitutional authority to pass such tool to weaken Iran. It also shows that Con- I am deeply concerned that President laws. For that reason, Congress needs gress understands that divestment is a tool Bush may now be trying to reopen the to pass the Iran Sanctions Enabling that Americans broadly support. Indeed, the door to cruelty that Congress shut. Act, S. 1430, which I introduced in May. growing ‘‘terror-free investing’’ movement is While the Executive order appears to This bill would clarify that States have gaining traction nationwide. It echoes grass- rule out unlawful treatment, the ad- roots efforts to divest from South Africa in the authority to pass divestment legis- the 1980s, which eventually brought the ministration has said that the order al- lation with respect to Iran, and it apartheid regime to its knees. lows the CIA to resume at least some would provide information from the Despite the bill’s wide popularity, some in elements of its ‘‘enhanced interroga- Federal Government to make it easier Washington oppose it. William Reinsch, tion’’ program, and to use methods be- for them to do so. I am proud that 14 of former commerce undersecretary in the Clin- yond those that our military employs. my colleagues have cosponsored this ton administration and current president of The administration still refuses to rule bill so far, but Iran’s seemingly unbri- the National Foreign Trade Council, claims out torture techniques such as water dled drive for nuclear weapons makes that ‘‘a unified U.S. foreign policy—not mul- boarding. tiple state sanctions or divestment laws—is this a matter of considerable urgency. best suited to address’’ the Iran challenge. As our own military leadership re- I urge the rest of my colleagues to join Those who join Mr. Reinsch in opposing the peatedly warns, if we say we can law- us in working to pass this legislation bill claim that divestment would create eco- fully use an interrogation technique on without delay. nomic tensions with our allies, making it enemy prisoners, what is there to pre- I ask unanimous consent that the ar- more difficult to act multilaterally. vent our enemies from employing the ticle in today’s Baltimore Sun be print- Opponents of the bill fail to understand same interrogation technique on caped in the RECORD. that the lack of enforcement of federal sanc- tured American military personnel? On There being no objection, the mate- tions in the past is exactly why the Amer- Sunday, Director of National Intel- rial was ordered to be printed in the ican people have taken matters into their own hands. They have lobbied their state ligence Admiral McConnell acknowl- RECORD, as follows: legislatures because they want to punish edged that the CIA can now use tech- [From baltimoresun.com, July 26, 2007] Iran. They do not care whether their states niques to which he would not want to LET STATES DIVEST FROM IRAN offend our allies who continue to do business see American citizens subjected. (By Jonathan Schanzer and Howard Slugh) with Iran. A policy that permits cruel and inhu- A handful of states are considering their Last month, Florida Gov. Charlie Crist mane treatment at the hands of any own divestment bills, including Maryland, signed a bill ordering his state to divest its U.S. Government personnel—whether where Del. Ron George, an Anne Arundel pension fund from businesses that work with referred to as ‘‘enhanced interroga- County Republican, has proposed legislation Iran’s energy sector. The legislation, led by that would bar the state pension fund from tion’’ techniques or any other name—is Adam Hasner, Republican majority leader of investing in companies tied to Iran. Other simply counterproductive to an effec- Florida’s House of Representatives, passed states are weighing different divestment op- tive war against terrorists. As General unanimously in both chambers of the Legis- tions. In Ohio, state Rep. Josh Mandel re- Petraeus put it in his recent directive lature. Unfortunately, the state legislation is un- ports that he and his colleagues led an effort to those under his command in Iraq: constitutional. Only new federal legislation for ‘‘state pension funds to divest the retire- Some may argue that we would be more ef- can legally allow states to divest from Iran. ment dollars of policemen, firefighters and fective if we sanctioned torture or other ex- In 1996, Massachusetts restricted state teachers from an Iranian regime that is call- pedient methods to obtain information from businesses from working with companies ing for the destruction of America and the enemy. They would be wrong. Beyond that dealt with Myanmar, formerly called Israel.’’ the basic fact that such actions are illegal, Burma. Massachusetts sought to press The House and Senate have deliberated history shows that they also are frequently Myanmar’s military junta to take steps to- over the Iran Sanctions Enabling Act since neither useful nor necessary. May. It is imperative that Congress pass the ward democracy and provide better treat- These words are no less applicable to ment for dissidents. In 2000, the Supreme bill quickly, to ensure that these state efforts are constitutional. practices of the CIA. Court unanimously struck down the Massa- Beyond the fact that they are neither chusetts law in Crosby v. National Foreign This is an effective way to push Iran to Trade Council. cease developing nuclear weapons and to en- useful nor necessary, torture and cruel The problem was that the state legislation cumber its efforts to support terrorism. and inhumane treatment of those in conflicted with a federal statute that en- (At the request of Mr. REID, the fol- U.S. custody diminish the moral au- abled the president to impose sanctions on lowing statement was ordered to be thority our country needs to wage an Myanmar. The court argued that the presi- printed in the RECORD.) effective war against terrorists, and dent ‘‘has less to offer and less economic and f are simply used by al-Qaida as a re- diplomatic leverage as a consequence’’ of the cruitment tool to enlist more enemies Massachusetts law. According to the Con- COMMON ARTICLE 3 faster than we can take them off the stitution’s supremacy clause, federal sanc- ∑ tions must trump state law. Mr. OBAMA. Mr. President, like battlefield. Florida’s sanctions against Iran could face much of the Senate, I was taken aback Every agency of our Government a similar fate. Under federal law, only Con- to hear what the Attorney General had should be held to the same interroga- gress and the president can implement fed- to say—and what he refused to say—be- tion standards that our military lives eral tools—such as the Iran Freedom Sup- fore the Judiciary Committee this and swears by. No one should be sub- port Act—to deter Iran from nuclear pro- week. It is the latest in an effort to object to treatment that would outrage liferation and terrorism. As in the Myanmar fuscate and avoid accountability on us if inflicted on an American. When- case, the Florida divestment plan conflicts with federal sanctions. issues of vital importance to this coun- ever America has been threatened in Florida has attempted to distinguish its try’s well being. the past, there has been a divide in our statute from Massachusetts’ by adding word- I fear the same was true on Friday, country between those who believe ing claiming that the law aims to lower fidu- when the President signed an Execu- that our liberties and laws make us ciary risk, not create an alternate foreign tive order on Geneva Conventions Com- weaker, and those who believe they policy. But just because a state claims its mon Article 3 as Applied to a Program make us stronger. I believe that our law doesn’t conflict with federal law doesn’t of Detention and Interrogation. commitment to the rule of law is our make it so. The Florida law could be struck A year and a half ago, the Congress greatest strength. We will win this war down if challenged—unless Congress does the right thing. overwhelmingly adopted the McCain as we have won every great conflict in The House and Senate are considering the amendment to ensure that no prisoner our history—by staying true to who we Iran Sanctions Enabling Act to authorize in our Nation’s custody is ever sub- are and to the values that distinguish states to pass divestment laws aimed at jected to torture or cruel treatment. us from our enemies.∑

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10143 (At the request of Mr. REID, the fol- a regionalized data management sys- the Military Police Headquarters’ Task lowing statement was ordered to be tem. The types of information garnered Force and later on the Protective Service printed in the RECORD.) from such demonstration programs will Security Squad during his one year tour in contain vital information such as the Iraq. f David Youngerman (Hudson, MA) was cho- impact of emergency care systems on sen to be the Child Ambassador for this IMPROVING EMERGENCY MEDICAL patient outcomes, program efficiency, CARE AND RESPONSE ACT year’s Miles for Miracles Walk for his recov- financial impact, and identification of ery from Moyamoya Disease. ∑ Mr. OBAMA. Mr. President, today I remaining barriers to developing re- Catherine Pisacane (Hopedale, MA) is the wish to discuss the Improving Emer- gionalized, accountable emergency founder and executive director of Project gency Medical Care and Response Act care systems. Of equal importance is Smile, a non-profit organization that col- of 2007, which I introduced yesterday. I the bill’s support for research in the lects stuffed animals for police officers, fire am joined in this effort by Representa- field of emergency medicine and emer- fighters and paramedics to give to children. Helen Ford (Cambridge, MA) worked 28 tive HENRY WAXMAN, who introduced a gency medical care systems. Specifi- years in security for the Cambridge School companion bill in the House. cally, funds are requested to support Department. This bill focuses on improving com- research in the basic science of emer- Eric Christopher (Melrose, MA) has been munication systems used in emergency gency medicine, model of service deliv- with the Gloucester Fire Department for 8 care response and provides financial ery, and incorporation of basic sci- years and in January went into a fire with- support for research in emergency med- entific research into day-to-day prac- out protective gear to save the life of a icine. Disasters that strike our Nation, tice. woman trapped in a blaze. be it manmade or natural, can have Improving and identifying the best Lawanda Myrick (Dorchester, MA) has catastrophic effects on the health and practices of emergency medical care is been a committed parent, employee and advocate for the Massachusetts Society for the well-being of our citizens. The ability necessary to ensure high-quality, effi- Prevention of Cruelty to Children. to provide adequate, timely health care cient, and reliable care for all who need Lynn Dadekian (Worcester, MA) volun- following these ‘‘sudden-impact’’ it. I ask my fellow colleagues to sup- teered to donate her liver for a chance for events—or any emergency situation, port this legislation so that we can bet- her ailing father to live. for that matter—relies heavily on an ter prepare for emergencies and future Robbie and Brittany Bergquist (Norwell, effective and comprehensive emergency disasters.∑ MA) started the ‘‘Cell Phones for Soldiers’’ communication system. However, re- campaign, which has collected over $1,000,000 f and has sent more than 80,000 calling cards cent studies show that various emer- BOSTON CELTICS ‘‘HEROES AMONG to troops in the Middle East. gency medical services throughout the US’’ AWARDS 2007 Corp. Gregory M. Chartier (East country are struggling to efficiently Templeton, MA) upon returning from Af- handle just the day-to-day operations. Mr. KENNEDY. Mr. President, all of ghanistan, volunteered to be deployed to Therefore, the concern is even greater us in Massachusetts are proud of the Iraq to help create a local police force. when disaster does strike and the Boston Celtics. The team is one of the Brian Binette (Saco, ME) was born with struggle becomes grossly amplified, ul- most storied franchises in NBA his- cerebral palsy, but has overcome this chal- timately exposing the gaps in our tory, and its players are also impres- lenge and will begin a career at the Saco Is- land School in Maine as a mentor, assistant emergency care and response infra- sive leaders in the community. Each year, the Celtics honor outstanding teacher and head of the school’s monthly structure. There was no clearer exam- newsletter. ple of this than the flawed response to persons in New England as ‘‘Heroes Clementina Chery (Dorchester, MA) co- the devastating effects of Hurricane Among Us’’—men and women who have founded the Louis D. Brown Peace Institute Katrina in 2005. made an especially significant impact and also founded the Mothers’ Walk for Patients waiting in the emergency on the lives of others. Peace, an annual walk now in its tenth year. department, ED, for extended periods The award, now in its 10th year, rec- Benjamin Smith (Springfield, MA) is the of time or, potentially worse, patients ognizes men and women who stand tall executive director of Dream Studios Inc., to introduce urban youth to the performing leaving the ED before medical evalua- in service to their community. The extraordinary achievements of this year’s arts and provide mentoring to strengthen tion because of these long wait-times their academic skills. are both strong indicators that im- honorees include saving lives, sacri- Alan Borgal (Boston, MA) has spent the proved strategies and systems are ficing for others, overcoming obstacles last 31 years with the Animal Rescue League needed to reduce the burden on our to achieve goals, and lifelong commit- of Boston, working tirelessly for the care emergency medical services across the ments to improving the lives of those and protection of animals. country. Extended offloading times and around them. The winners include per- Dick Arieta (Kingston, MA) has been the head basketball coach at Silver Lake Re- diversion of ambulances are also con- sons of all ages and all walks of life— students, community leaders, founders gional High School since 1970 and has in- tributing factors to a slow emergency stilled his values of sportsmanship, hard response, which can have a fatal im- of nonprofit organizations, member of work and teamwork to all he has coached. pact on prehospital care. Unfortu- the clergy, and many others. Dante Carroccia (Johnston, RI) single- nately, we do not have to look far to At home games during the season handedly assisted a man injured in an auto- see what tragedies will come from not each year, the Celtics and their fans sa- mobile accident and saved his life. addressing these issues. In fact, just lute the efforts of various honorees in Helen Lamb (Boston, MA) founded ‘‘Camp months ago, tragedy struck Edith Isa- special presentation to them on the Jabberwocky’’ in 1953, which has brought the simple joys of childhood to thousands of chil- bel Rodriguez, a Los Angeles woman basketball court. So far, over 500 persons have received the ‘‘Heroes Among dren with disabilities. who made national headlines after she Seth Lampert (Sudbury, MA) earned the was ignored by hospital personnel, dis- Us’’ award during the past decade. Volunteer of the Year Award from Easter missed by 9–1-1 dispatchers, and denied The award has become one of the Seals for his fundraising efforts for the an- immediate care despite vomiting blood most widely recognized honors in New nual Easter Seals Shootout. and writhing in pain for 45 minutes England. I commend each of the hon- Kevin Sullivan (Carver, MA) moved his until she died. How does this happen in orees for the 2006 to 2007 season, and I truck to absorb the impact of a speeding truck heading directly towards a highway a country that boasts one of the high- ask unanimous consent to have their names, their achievements, and their work crew and a police officer on duty, prob- est standards of living of any nation in ably saving their lives. the world? Ms. Rodriguez’s death is un- communities printed in the RECORD. There being no objection, the mate- Jennifer Putnam (Wellesley, MA) a volun- acceptable and is a harrowing reminder teer for Horizons for Homeless Children, has rial was ordered to be printed in the of the ultimate penalty our citizens are spearheaded the preparation of annual feasts RECORD, as follows: paying for a fractured emergency care for hundreds of homeless children and their system. HERO AMONG US AWARD RECIPIENTS 2006–2007 families. For these reasons, my bill establishes Arnold ‘‘Red’’ Auerbach (Boston, MA) Danny Vierra (Somerville, MA) is a Tran- sit Police Officer who pulled a man from the demonstration programs designed to founded the Red Auerbach Youth Foundation in 1985 to encourage the healthy develop- railroad tracks before a speeding train could coordinate emergency medical serv- ment of children. hit him. ices, expand communication and pa- Ayman Kafel (Sharon, MA) as a member of Brooke Rallis (Hampton, NH) is one of only tient-tracking systems, and implement the Massachusetts National Guard, served on seven people to have overcome the type of

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10144 CONGRESSIONAL RECORD — SENATE July 26, 2007 extreme spinal injury she suffered and has ness program for girls aged 8–18 in low-in- and recreational programs in their since dedicated her life to inspire others come communities in Greater Boston. communities. through the power of faith, courage, and te- f The 1980s brought a new realization, nacity. 17TH ANNIVERSARY OF THE however, that in helping people with Marilyn Smith (Medford, MA) has given disabilities, we can’t rely only on Gov- foster care to over 70 children and was recog- AMERICANS WITH DISABILITIES ernment programs. We began to in- nized as the Massachusetts Foster Parent of ACT the Year. volve the private sector as well. We Eric Weihenmayer (Amelia Island, FL) is Mr. KENNEDY. Mr. President, today guaranteed fair housing opportunities the only blind person to have climbed the we celebrate the enactment of the for people with disabilities, required tallest peak on each of the seven continents. Americans with Disabilities Act, one of fair access to air travel, and made ad- He also led a group of blind teenagers up the great civil rights laws in the Na- vances in technology available for peo- Mount Everest, higher than any blind group tion’s history. Seventeen years ago, ple hard of hearing or deaf. had ever climbed before. Congress acted on the fundamental The crowning achievement of these Rob McCormick (Norton, MA) a former principle that people should be meas- Navy Rescue Swimmer, was driving home decades of progress was passage of the from work when he saw a house in flames ured by what they can do, not what Americans with Disabilities Act of 1990 and saved two people trapped inside. they can’t do. The Americans with Dis- and its promise of a new and better life Cheryl Durant (Mattapan, MA) is a foster abilities Act began a new era of oppor- for every disabled citizen in which mother who has taken in more than 25 teen- tunity for millions of disabled citizens their disabilities would no longer put age girls over the past 20 years. who had been denied full and fair par- an end to their dreams. Jason Schappert (Lakeville, MA), without ticipation in society. As one eloquent citizen with a disregard for his own safety, crossed thin ice to For generations, people with disabil- ability said, ‘‘I do not wish to be a kept rescue a man who had fallen into a freezing ities were treated with pity and as per- citizen, humbled and dulled by having pond. Ralph Marche (Tewksbury, MA) and An- sons who deserved charity, not oppor- the state look after me. I want to take thony Santilli (Woburn, MA) co-founded the tunity. Out of ignorance, the Nation the calculated risk, to dream and to New England Winter Sports Clinic for Dis- accepted discrimination for decades build, to fail and to succeed. I want to abled Veterans which enables these veterans and yielded to fear and prejudice. The enjoy the benefits of my creations and to enjoy skiing and snowboarding despite passage of the ADA finally ended these face the world boldly, and say, this is their disabilities. condescending and suffocating atti- what I have done.’’ Carla Lynton (Brookline, MA) has spent tudes and widened the doors of oppor- Our families, our neighbors, and our more than 22,000 hours volunteering with the tunity for all people with disabilities. friends with disabilities have taught us deaf-blind community at Perkins School for in ways no books can teach. The inclu- the Blind over the past 33 years. The anniversary of this landmark Michael Dennehy (Newton, MA) was named legislation is a time to reflect on how sion of people with disabilities enriches the director of Boston University’s Upward far we have come in improving the all our lives. Every day, my son Teddy, Bound program eight years ago and under ‘‘real life’’ possibilities for the Nation’s who lost his leg at the age of 12, con- his leadership, 95% of his students have pur- 56 million people with disabilities. In tinues to teach me every day the great- sued higher education. fact, the seeds of action were planted est lesson of all—that disabled does not Stefan Nathanson (Newton, MA) is the long before 1990. mean unable. founder of The Room to Dream Foundation, As the saying goes, when people are a local charity whose mission is to create In 1932, the United States elected a disabled person to the highest office in excluded from the social fabric of a healing environments for children facing community, it creates a hole—and chronic and debilitating illnesses. the land, and he became one of the Dylan DeSilva (Brewster, MA) at age 12 greatest Presidents in our history. But when there is a hole, the entire fabric founded ‘‘Cape Cod Cares For Our Troops,’’ even Franklin Roosevelt felt compelled is weaker. It lacks the strength that diversity brings. The fabric of our Na- which has sent over 1,500 care packages and by the prejudice of his times to hide his tion is stronger today than it was 17 raised over $40,000 for our soldiers in Iraq. disability as much as possible. The John Duffy (Winchester, MA) since 1997 has years ago because people with disabil- World War II generation began to taken students to Peru to install solar pan- ities are no longer left out and left be- change all that. els to provide power for medical clinics in re- hind, and because of that, America is a The 1940s and the 1950s introduced mote villages. greater and better and fairer Nation. John Gonsalves (Taunton, MA) is the presi- the Nation to a new class of Americans Today, in this country, we see the dent and founder of Homes for our Troops, with disabilities—wounded and dis- which has collected over $10 million in dona- many signs of the progress that mean abled veterans returning from war and so much in our ongoing efforts to in- tions to build adaptive homes for severely finding a society grateful for their wounded veterans. clude persons with disabilities in every Sean Cronk (Everett, MA) overcame the courage and sacrifice but relegating aspect of life—the ramps beside the challenge of being born with cerebral palsy them to the sideline of the American steps, the sidewalks with curb-cuts to and scored two critical free throws in Ever- dream. Even before the war ended, accommodate wheelchairs, the lifts for ett High School’s league championship bas- however, rehabilitation medicine had helping disabled people to take a bus to ketball game. been born. Disability advocacy organi- work or the store or a movie. Kevin Whalen (Danvers, MA) raised money zations began to grow. Disability bene- Disabled students are no longer and donated three months of his salary to fits were added to Social Security. barred from schools and denied edu- aid an Iraq veteran displaced by Hurricane Each decade since then has brought Rita who gave birth to a premature baby cation. They are learning and achiev- that needed 24-hour care at Children’s Hos- significant new progress and more ing at levels once thought impossible. pital. change. They are graduating from high schools, Officer Michael Briggs (Manchester, NH) a In the 1960s, Congress responded with enrolling in universities, joining the Manchester, NH police officer, was shot and new architectural standards, so we workforce, achieving their goals, en- killed while responding to a domestic dis- could have a society everyone could be riching their communities and their turbance call. a part of. No one would have to wait country. They have greater access than Rick Phelps (Hanson, MA) rushed into a outside a new building because they ever to the rehabilitation and training burning house to save four girls trapped by a were disabled. fire. needed to be successfully employed and Kathy Savage (Revere, MA), a dedicated The 1970s convinced us that greater become productive, contributing mem- volunteer for Special Olympics of Massachu- opportunities for fuller participation in bers of their communities. setts since 1985, was named Special Olympics society were possible for the disabled. With the Ticket to Work and Work Volunteer Medical Chair and has helped Congress responded with a range of Incentives Improvement Act in 1999, we countless athletes to compete. steps to improve the lives of people finally linked civil rights much more Billy Starr (Needham, MA) founded the with mental disabilities as well. We closely to health care. It isn’t civil and Pan Mass Challenge with 35 friends in 1980, supported the right of children with which has raised over $100 million for the it isn’t right to send a disabled person Dana-Farber Cancer Institute. disabilities to attend public schools. to work without the health care they Deborah Weaver (Cambridge, MA) is the We guaranteed the right of people with need and deserve. founder and Executive Director of Girls disabilities to vote in elections, and we These milestones show that we are LEAP, a free self-defense and safety-aware- insisted on greater access to cultural continuing the way to fulfilling the

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10145 promise of a new, better, and more in- really doesn’t want someone with community, and above all, an act of clusive life for citizens with disabil- Down’s syndrome greeting the public. continued hope for a better future for ities—but we still have a way to go. Should you be able to sue for discrimi- our country as a whole. Today, as we rightly look back with nation or are you no longer even cov- f pride, we also need to look ahead with ered under the ADA? Congress intended ADDITIONAL STATEMENTS hope and dedication. full protection from discrimination— We still face many challenges, espe- but the courts are ruling differently. It cially in areas such as health care and is time now to restore the intent of the COMMENDING SEAN SWARNER in home-based and community-based ADA. ∑ services and support. Many persons The Supreme Court continues to Mr. ALLARD. Mr. President, today I with disabilities still do not have the carve out exception after exception in wish to commend an extraordinary services and support they need to make the ADA. But discrimination is dis- man from Colorado who just became choices about how best to live their crimination, and no attempt to blur the only two-time cancer survivor to lives. Many are unwillingly confined to that line or write exceptions into the reach the peaks of the world’s highest institutions or unable to have a finan- law should be tolerated. Congress tallest mountains on every continent. cial plan for their future. wouldn’t do it, and it is wrong for the At the age of 13, Sean Swarner was A strong Medicare prescription drug Supreme Court to do it. diagnosed with stage IV Hodgkin’s dis- benefit is essential for all people with The ADA was a spectacular example ease and was told he only had a few disabilities. Today, about one in six of bipartisan cooperation and success. months to live. Sean battled back, but Medicare beneficiaries—over 6 million Passed by overwhelming majorities in only 2 years later he was forced to face people—is a person with disabilities both the House and the Senate, Repub- the possibility of death again. He was under aged 65. Over the next 10 years licans and Democrats alike took right- diagnosed with Askin’s sarcoma, had a that number is expected to increase to ful pride in the goals of the law and its golf-ball sized tumor removed from his 8 million. These persons are much less many accomplishments. lung, and given only 10 days to live. likely to be able to obtain or afford pri- I know that the first President Bush, Sean underwent intense chemotherapy vate insurance coverage. Many of them Senator Bob Dole, Senator HARKIN, and and radiation, often slipping into are forced to choose between buying many other Members of Congress from comas from the abrasive treatments. groceries, paying their mortgage, or both sides of the aisle consider their The intensity of the radiation damaged paying for their medication. work on the ADA to be among their one of his lungs to the point where it Families raising children with sig- finest accomplishments in public serv- was no longer fully functional. Sean nificant disabilities deserve health care ice. It is widely regarded today as one endured more in those few years than for their children. No family should be of the giant steps in our ongoing two- most of us experience in a lifetime, but forced to go bankrupt, live in poverty, centuries-old civil rights revolution. he survived and eventually thrived. or give up custody of their disabled The need for that kind of bipartisan The cancers had been unrelated and child in order to get needed health care cooperation is especially critical today doctors told Sean how lucky he was to for disabled child. They deserve the as Congress embarks on restoring the survive, and that the odds of him sur- right to buy-in to Medicaid so that ADA to its original intent, so that the viving both cancers are similar to win- their family can stay together and stay rights of those with disabilities are ning the lottery four times in a row employed. Congress did its job, and protected, not violated. with the same numbers. I don’t believe now every State should do its part Today, more than ever, disability luck had anything to do with Sean’s under the Family Opportunity Act, need no longer mean the end of the survival. It was his absolute strength adopted in 2005. American dream. Our goal is to banish and fortitude that allowed him to fight People with disabilities and older stereotypes and discrimination, so that the cancers. Sean beat the cancers and Americans need community-based as- every disabled person can realize the is now the only two-time cancer sur- sistance as well, so they can live at dream of working and living independ- vivor to reach the summits of the high- home with their families and in their ently and becoming a productive and est mountains on all seven continents. communities. We need to pass the contributing member of our commu- Sean began his trek in 2002 when he CLASS Act to ensure this support is nity. conquered Mount Everest. Since then, available, without forcing families into That goal should be the birthright of he has climbed Mount Kilimanjaro, poverty. It is a challenge for the Na- every American and the ADA opened Mount Elbrus, Mount Aconcagua, tion, and we need to work together to the door for every disabled American Mount Vinson Massif, Mount Kos- meet it. to achieve it. ciusko, and on June 16, 2007 he climbed The Americans with Disabilities Act A story from the debate on the ADA Alaska’s Mount Denali, the seventh was an extraordinary milestone in the eloquently made the point. A post- and final mountain in his quest to pursuit of the American dream. Many master in a town was told to make his reach the highest summits on each disability and civil rights leaders in post office accessible. The building had continent. Conquering all seven peaks communities throughout the country 20 steep steps leading up to a revolving is an incredible accomplishment for worked long and hard and well to door at the only entrance. The post- anyone, but for someone in Sean’s con- achieve it. master questioned the need to make dition it is nothing short of amazing. To each disabled American, I say such costly repairs. He said, ‘‘I’ve been The determination, perseverance, and thank you. It is all of you who are the here for thirty-five years, and in all courage that Sean demonstrated stands true heroes of this achievement and that time, I’ve yet to see a single cus- as an example to all of us that any- who will lead us in the fight to keep tomer come in here in a wheelchair.’’ thing is possible if you really want it the ADA strong in the years ahead. As the Americans with Disabilities Act to happen. Sadly, the Supreme Court has not has proved so well, if you build the As amazing as these accomplish- been on our side. In the past 17 years, ramp, they will come, and they will ments are, Sean’s story does not end it has restricted the intended scope of find their field of dreams. with his successful mountain climbs the ADA. Suppose you are a person So let’s ramp up our own efforts and victory over two cancers. Sean is with epilepsy in a job you love and you across the country. We need to keep only 32 years old and has a lifetime get excellent personnel reviews. You building those ramps, no matter how ahead of him. He plans to climb the are taking medicine that controls the many steps stand in the way. We will Carstensz Pyramid in Indonesia and seizures and you have no symptoms. not stop today or tomorrow or next the North and South Poles. Once he But your employer finds out you have month or next year. We will not ever reaches the Poles, Sean will become epilepsy and fires you. Should you be stop until America works for all Amer- one of less than a dozen people to com- able to sue your employer for discrimi- icans. plete the ‘‘Adventure Grand Slam’’ and nation? Suppose you are a person with I ask all of us in Congress join today the first cancer survivor to do so. When Down’s syndrome, doing a fantastic job in committing to keep the ADA strong. he isn’t climbing mountains, Sean uses at the local Wal-Mart, but the manager It is an act of conscience, an act of his experience with cancer and stories

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10146 CONGRESSIONAL RECORD — SENATE July 26, 2007 from his expeditions to spread hope and Crisis Management Center at the HONORING DAVID A. WAKS inspiration. He makes regular visits to FAO’s headquarters in Rome, with the ∑ Mr. LAUTENBERG. Mr. President, cancer wards and provides strength and goal of coordinating global H5N1 re- this week New Jersey lost one of its courage for those who continue to suf- sponse efforts. I believe that the U.S. great citizens when Judge David A. fer from and battle cancer. Sean has poultry industry is better protected as Waks passed away far too early in life also begun a motivation speaking tour a result of his efforts. at 66 years of age. by visiting wounded troops and vet- Dr. DeHaven’s integrity, dedication, I have known the Waks family over a erans all over the country and is cur- and professionalism have represented number of years and his son, Joe Waks, rently making arrangements to speak the United States proudly in all of carries on a proud family tradition of in Afghanistan and Iraq. these endeavors. He has consistently public service as chief of staff of my Sean’s story is truly inspirational, championed U.S. agriculture in all of Senate operations in New Jersey. not only to those struggling to beat his international relationships and ac- David Waks was respected and ad- cancer, but to anyone who seeks to activities. mired for his candid, forthright action complish something that others say is We congratulate him on his retire- on decency and integrity in Govern- impossible. I would like to commend ment from the Federal Government, ment service. Known as someone who Sean for his success and thank him for and thank him for his 28 years of serv- had a sympathetic ear and a generous serving as such a positive role model to ice with APHIS.∑ heart, so much so that when a person anyone who has faced long odds. Sean f in serious need sought his help he has proven the power of determina- would reach into his own limited re- tion.∑ HONORING DANIEL BALDINGER sources to assist. He was a model of a f ∑ Mr. LAUTENBERG. Mr. President, compassionate public servant who all RECOGNIZING DR. W. RON today I wish to pay tribute to a valued in public service should emulate. Any- one who had the good fortune to know DEHAVEN friend, Daniel Baldinger, who passed him was inspired by his genuine affec- ∑ away on July 4, 2007. Throughout his Mr. CHAMBLISS. Mr. President, I tion and concern. His life was exem- wish to recognize Dr. W. Ron DeHaven, life he displayed a special kindness and a deep commitment to his friends and plary and I wanted to ensure that a Administrator of USDA’s Animal and permanent record of David Waks’ life Plant Health Inspection Service, family. His spontaneous humor and wit made for a personality to which people existed as an outstanding example of APHIS. As Administrator for the last 3 how public service can be ennobled by years, he has ably carried out the agen- were quickly attracted. He was multi- lingual, able to communicate in the right kind of leadership. cy’s mission of protecting american ag- I ask that an article from the Herald French, Italian, and Spanish among riculture. News be printed in the RECORD. As a strong leader of APHIS’ domes- other languages as well. I enjoyed his The article follows company and looked forward to our tic safeguarding efforts, Dr. DeHaven [From Herald News, July 19, 2007] has been the public face of USDA’s ef- times together. Dan, though creative DAVID A. WAKS, 66, LED LIFE OF SERVICE fective, science-based response to bo- and artistic, was also a skilled execu- (By Suzanne Travers) vine spongiform encephalopathy, BSE, tive and presided over a family business started in 1955, which he quickly WAYNE.—David A. Waks, who championed in the United States. He has brought integrity in public service for almost 40 strong leadership skills to increasing expanded into a booming business. The years, first as a councilman, then as mayor U.S. preparedness to deal with avian company, Louis Baldinger & Sons, be- in Wayne, and later as a state Superior influenza viruses in our poultry indus- came one of the leading companies in Court judge in Paterson, died at his home try and ensuring that APHIS main- the lighting industry. Under Dan’s here Wednesday. tains robust emergency response and leadership, Louis Baldinger & Sons’ The cause of death was lung cancer, diag- antismuggling programs designed to products were obtained by some of the nosed in mid-November, his wife, Joan, said. countries most prestigious architects Waks, 66, who once described himself to a prevent the establishment of exotic reporter as an ‘‘ornery cuss’’ but told voters pests and diseases of agriculture in our and designers. they could count on him to be fair-minded, country. While Dan achieved substantial suc- even-handed and flexible, was known for his Dr. DeHaven serves as one of USDA’s cess in his business ventures; he would honesty, compassion, intelligence and hard principal liaisons to the Department of be most proud of the breadth of friend- work. Homeland Security. He has worked ships and loving relationships he ‘‘He was one of Passaic County’s real jew- closely with his colleagues there on a shared with his family. He was a de- els,’’ said Rep. Bill Pascrell Jr. (D–Paterson), number of fronts, including agricul- voted and loving husband to his wife a close friend for whom Waks’ son, Joseph, previously worked as spokesman. tural commodity inspections at our Marjorie of 48 years and together they Born and raised in Paterson, Waks moved Nation’s ports of entry and the joint enjoyed a wonderful family life. Dan to Wayne and got his start in politics in 1971 work of USDA and DHS officials at the was a proud father of his son Howard as an advocate for local tenants after his Plum Island Animal Disease Center off and daughter Toby, about whom he landlord hiked his apartment’s rent by 20 Long Island, NY. The work of the re- constantly bragged. percent. searchers and diagnosticians at the Dan was a caring man with deep in- He was elected to the council with heavy Center ensures our nation is prepared tellectual curiosity and myriad inter- support from 5th Ward renters, and continued to support enforcement of tenants’ in the event of a detection of a highly ests. He was a person of various talents rights. Often the only Democrat on a Repub- contagious foreign animal disease, such and abilities including cooking, which lican governing body, Waks was elected as foot-and-mouth disease or classical he did with flourish and gusto. At any mayor in 1994 and again in 1997, resigning to swine fever. given moment, one could find him dis- become judge in 2000. The agency’s role has been shaped on cussing—in one of the many languages In December 1971, Wayne’s township coun- the international front under Dr. he spoke—baseball, his plans for the cil voted to give one of its last liquor li- DeHaven’s direction. He has spear- Design Industries Foundation Fighting censes to the friend of a councilman. Soon headed efforts to stop the spread in AIDS, of which he was the national after he was sworn in, in January 1972, Waks drafted a resolution to rescind the issuance poultry of the Asian strain of H5N1 chairman, or his completion of the New of the license. To avoid public allegations of highly pathogenic avian influenza. He York Marathon in 4 hours and 28 min- cronyism, the councilman’s friend returned has also advocated for improving inter- utes. the license before the resolution could go be- national animal disease response infra- While Dan is no longer with us, his fore the council, and the license was later structure, traveling extensively to cre- memory will carry on. He lived life to issued to a Vietnam veteran who opened a ate a coalition of like-minded devel- the fullest and was a compassionate now-defunct liquor store on Route 23. oped countries to work with the United man who acted with integrity and de- ‘‘It was a nice way to get started,’’ said Waks. ‘‘Everybody knew the first time it was Nation’s Food and Agriculture Organi- cency. Dan touched so many lives and political patronage. It was the first thing I zation, FAO, and the World Organiza- all of those that had the pleasure of ever did, and still one of the proudest.’’ tion for Animal Health. Dr. DeHaven knowing him will miss him greatly, in- Waks’ tenure coincided with an era in helped push for implementation of a cluding my wife Bonnie and me.∑ which former Wayne officials, including its

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10147 former mayor, business administrator, and to be Jewish but nonpracticing, will be cre- 200TH ANNIVERSARY OF NELSON township attorney, pleaded guilty to taking mated, she said. A memorial service will COUNTY, VIRGINIA part in various bribery schemes involving de- likely be held Aug. 4 at DePaul High School velopers. Later, Waks and his wife, an attor- in Wayne, where Waks sold coffee at Friday ∑ Mr. WEBB. Mr. President, I wish to ney who served on the Wayne council after bingo games long past the time their chil- recognize a county in the Common- her husband’s departure, sued the wrong- dren attended the school. Wayne Mayor wealth of Virginia that is celebrating doers for damages in an innovative racket- Scott Rumana ordered flags to fly at half its bicentennial anniversary. Through- ∑ eering lawsuit that brought the township staff for 30 days to honor Waks. out this year, Nelson County residents more than $300,000. will gather to celebrate their county’s Running for mayor, Waks refused to take f campaign contributions from those doing history and founding. business with the township. Nelson County is nestled in the roll- ‘‘He drove me nuts in this office,’’ Beverly HONORING FAUSTA SAWAL ing foothills of the Blue Ridge Moun- Tierney, administrative assistant in the ∑ Mrs. MURRAY. Mr. President, today tains, midway between Charlottesville Wayne mayor’s office, said of her friend and and Lynchburg. It was settled by colo- former boss. ‘‘He never let anyone do any- I recognize Mrs. Fausta Sawal for her thing. He would not accept a gift. A res- outstanding service in senior citizen nists of English and German descent, taurant sent over a tray of cookies, and he communities in our home State of as well as by the Scotch-Irish, whom I had me send them back.’’ Washington. Mrs. Sawal was selected proudly recognize as my ancestors. The He was sworn in as a Civil Division judge among 16,000 volunteers to receive the county was officially founded in 1807 in state Superior Court in Paterson seven Senior Companion 2007 Spirit of Serv- and named in honor of Thomas Nelson, years ago today, according to Assignment ice Award. Jr., third Governor of Virginia. Nelson Judge Robert Passero. County is now home to about 14,500 Waks wasn’t above getting personally in- The Spirit of Service awards are people. volved in his job, according to Passero. He given to individuals who have dem- recalled a case before Waks in which a single onstrated both leadership and a com- For those who call Nelson County mother with children faced eviction for fail- mitment to service within their com- home, it is a comfortable place to work ure to pay rent. ‘‘He gave her the money to munities. Mrs. Sawal has been a true and live. Nelson County is also a com- pay the rent,’’ Passero said. ‘‘While liking munity in the truest sense of the word. inwardly what he did, I actually had to ad- role model in the community, helping senior citizens and disabled adults for This was most clearly demonstrated monish him for that as not being appro- when neighbors came together and of- priate.’’ more than 16 years. During her service For as hard as he worked and as compas- with the Volunteers of America Senior fered comfort and helping hands after sionate as he was, Passero said Waks never Companion Program in Seattle/King Hurricane Camille caused widespread let the grandiosity of being a judge go to his County, she made a profound difference destruction in the county in 1969. head. ‘‘He was the type of guy who never in the quality of life for dozens of peo- Today community members can look wore socks. I think he still wore the same ple. Mrs. Sawal was there to call 911 to each other and remember with pride ties as he had in high school,’’ he said, with when one of her clients suffered from a how they came together under hard a laugh. ‘‘He was very unassuming. Very cas- circumstances to make Nelson County ual.’’ heart attack. She also provided assist- Passero added, ‘‘He studied hard, he ance when another client fell from a prosper once again. worked hard. In my opinion, he was an ideal bus and needed to be taken to the hos- Nelson County’s economy is based on judge.’’ pital. Time and again, Mrs. Sawal dem- agriculture and natural resource-based Waks graduated School 20 and Eastside onstrated her caring nature and her industries such as timber and quar- High School in Paterson, and received a ability to effectively assist individuals rying. The scenic surroundings have bachelor’s degree from Rutgers University. also attracted recreational develop- In 1966, he earned a law degree from George- in a time of need. town University, where he met his wife. He Mrs. Sawal has not limited her work ment in recent years, making the coun- joined his father, Isadore Waks, in his to helping individuals. She has been a ty an outdoor enthusiast’s haven. Out- Paterson law practice the following year. On leader within many community organi- door recreation opportunities include occasion Waks filled in for his father as at- zations. Currently, she is the president hiking along the magnificent Appa- torney for Paterson’s Board of Adjustment, of the Senior Companion Program Ad- lachian Trail or to the top of Crabtree and gave the money he earned for that work visory Council, a member of the Fili- Falls, the highest cascading waterfall to his mother, Joan Waks said. Later, Waks east of the Mississippi River, as well as continued as a solo practitioner. pino Community Center, and a volun- State Sen. John Girgenti, D–Hawthorne, teer at both the Asian Counseling and canoeing and fishing on the James or who appointed Waks to state Superior Court, Referral Services and the International Tye Rivers and skiing at Wintergreen said Waks was ‘‘a perfect candidate for the Drop-In Center. Mrs. Sawal has been Resort. bench, because he got along well with every- active in each of these organizations, Many Americans may not be familiar one.’’ taking on many responsibilities includ- with Nelson County by name, but mil- Waks received a lifetime appointment to lions have had a glimpse of what life the bench before the state Senate Judiciary ing organizing special events, assisting Committee in May, Joan Waks said. Family case managers and clients, assisting was like in this rural community due members brought a wheelchair because he with in-service trainings, procuring to the writings of Nelson County na- was weak at that point, but Waks stood for sponsors, and recruiting volunteers. tive, Earl Hamner, Jr. During the a brief speech about how ‘‘important it was In addition to her role in the commu- Great Depression, Hamner began writ- to serve the people,’’ said his wife. nity, this amazing woman has raised ing of his experience growing up in Nel- ‘‘He really was so proud to be recognized son County. These writings eventually for the work he did,’’ she said. ‘‘He loved eight children. Mrs. Sawal has more than 20 grandchildren and 4 great- provided the substance for ‘‘The Wal- being a judge.’’ tons’’ television series. Waks quit smoking about 15 years ago, his grandchildren. In 2004, she was chosen wife said. She said he expressed his fear as the Mother of the Year in Seattle’s The Nelson County Museum of His- about dying and said he was ‘‘not ready to Asian community. tory, which is currently being devel- go.’’ ‘‘I don’t think he believed it ’til the I would like to thank Mrs. Sawal for oped, will soon offer visitors opportuni- end,’’ she said. ‘‘He died like he lived, stub- the positive impact she has had on so ties to learn the rich heritage and rural bornly.’’ many lives in Washington State. Both culture of Nelson County through In addition to his wife, Waks is survived by events, exhibits, and educational pro- a brother, Jay Waks, of Larchmont, N.Y.; his her past activities and her current pur- children, Joseph Waks and his wife Nancy suits are helping to create healthier grams. Slowe of Bayonne; daughters Jennifer Ken- and happier communities. I am sure The rural community of Nelson nelly and her husband Thomas, of Pompton Mrs. Sawal will continue to make sig- County has much to remember and Plains; and Melanie Graceffo and her hus- nificant contributions to her family much to be proud of. band Gerald, of Cranford, six grandchildren: and in the elderly and disabled commu- Mr. President, I ask the Senate to Cole, McKenzie, and Aidan Kennelly, and Gordon, Gabriel, and Isabel Graceffo, and nities in Washington. Mrs. Sawal is a join me in congratulating Nelson Coun- what his wife termed ‘‘his two granddogs.’’ remarkable woman, and I am pleased ty and its residents on their first 200 Joan Waks said she would hold a ‘‘family- she is being honored for her years of years and in wishing them well in the only’’ service Monday. Waks, who was proud dedication to helping others.∑ future.∑

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10148 CONGRESSIONAL RECORD — SENATE July 26, 2007 MESSAGES FROM THE PRESIDENT announced that the House has passed REPORTS OF COMMITTEES Messages from the President of the the following bill, in which it requests The following reports of committees United States were communicated to the concurrence of the Senate: were submitted: the Senate by Ms. Evans, one of his H.R. 2929. An act to limit the use of funds By Mr. BAUCUS, from the Committee on secretaries. to establish any military installation or base Finance, without amendment: for the purpose of providing for the perma- S. 1893. An original bill to amend title XXI f nent stationing of United States Armed of the Social Security Act to reauthorize the EXECUTIVE MESSAGES REFERRED Forces in Iraq or to exercise United States State Children’s Health Insurance Program, economic control of the oil resources of Iraq. and for other purposes. As in executive session, the Presiding The message also announced that the Officer laid before the Senate messages House has agreed to the following con- f from the President of the United current resolution, in which it requests States submitting sundry nominations the concurrence of the Senate: EXECUTIVE REPORTS OF which were referred to the appropriate COMMITTEES H. Con. Res. 187. Concurrent resolution ex- committees. pressing the sense of Congress regarding the The following executive reports of (The nominations received today are dumping of industrial waste into the Great nominations were submitted: printed at the end of the Senate pro- Lakes. By Mr. BAUCUS for the Committee on Fi- ceedings.) The message further announced that nance. f pursuant to 14 U.S.C. 194(a), and the *Peter B. McCarthy, of Wisconsin, to be an Assistant Secretary of the Treasury. MESSAGES FROM THE HOUSE order of the House of January 4, 2007, the Speaker appoints the following *David H. McCormick, of Pennsylvania, to Members of the House of Representa- be an Under Secretary of the Treasury. *Nomination was reported with rec- ENROLLED BILL SIGNED tives to the Board of Visitors to the United States Coast Guard Academy: ommendation that it be confirmed sub- At 10:08 a.m., a message from the Mr. MICHAUD of Maine, Ms. HIRONO of ject to the nominee’s commitment to House of Representatives, delivered by Hawaii, and Mr. MICA of Florida. respond to requests to appear and tes- Ms. Niland, one of its reading clerks, The message also announced that tify before any duly constituted com- announced that the Speaker has signed pursuant to 14 U.S.C. 194(a), and the mittee of the Senate. the following enrolled bill: order of the House of January 4, 2007, f H.R. 2429. An act to amend title XVIII of the Speaker appoints the following the Social Security Act to provide an excep- Members of the House of Representa- tion to the 60–day limit on Medicare recip- INTRODUCTION OF BILLS AND rocal billing arrangements between two phy- tives to the Board of Visitors to the JOINT RESOLUTIONS United States Coast Guard Academy: sicians during the period in which one of the The following bills and joint resolu- physicians is ordered to active duty as a Mr. COURTNEY of Connecticut and Mr. member of a reserve component of the SHAYS of Connecticut. tions were introduced, read the first Armed Forces. and second times by unanimous con- f sent, and referred as indicated: The enrolled bill was subsequently ENROLLED BILL SIGNED signed by the President pro tempore By Mr. SCHUMER: S. 1879. A bill to amend titles 10 and 37, (Mr. BYRD). At 5:39 p.m., a message from the House of Representatives, delivered by United States Code, to reduce the minimum age of retirement for years of non-regular At 12:41 p.m., a message from the Ms. Niland, one of its reading clerks, service for reserves who serve on active duty House of Representatives, delivered by announced that the Speaker has signed in Iraq and Afghanistan, to increase the Ms. Niland, one of its reading clerks, the following enrolled bill: amount of educational assistance for mem- announced that the House disagrees to S. 1868. An act to temporarily extend the bers of the Selected Reserve, and to provide the amendment of the Senate to the programs under the Higher Education Act of certain other benefits relating to service in bill (H.R. 1495) to provide for the con- 1965, and for other purposes. the reserve components of the Armed Forces, and for other purposes; to the Committee on servation and development of water f and related resources, to authorize the Armed Services. By Mr. KERRY (for himself and Mrs. Secretary of the Army to construct ENROLLED JOINT RESOLUTION SIGNED BOXER): various projects for improvements to S. 1880. A bill to amend the Animal Welfare rivers and harbors of the United The following enrolled joint resolu- Act to prohibit dog fighting ventures; to the States, and for other purposes, and tion, previously signed by the Speaker Committee on Agriculture, Nutrition, and agrees to the conference asked by the of the House, was signed on today, July Forestry. Senate on the disagreeing votes of the 26, 2007, by the President pro tempore By Mr. HARKIN (for himself and Mr. two Houses thereon. (Mr. BYRD): SPECTER): Ordered, that the following Members H.J. Res. 44. Joint resolution approving the S. 1881. A bill to amend the Americans renewal of import restrictions contained in with Disabilities Act of 1990 to restore the be the managers of the conference on intent and protections of that Act, and for the part of the House: the Burmese Freedom and Democracy Act of 2003, and for other purposes. other purposes; to the Committee on Health, From the Committee on Transportation Education, Labor, and Pensions. and Infrastructure, for consideration of the f By Mr. HAGEL (for himself, Mr. DUR- House bill and the Senate amendment, and MEASURES REFERRED BIN, Mr. BIDEN, and Mrs. BOXER): modifications committed to conference: Mr. S. 1882. A bill to amend the Public Health OBERSTAR, Ms. EDDIE BERNICE JOHNSON of The following bill was read the first Service Act to establish various programs Texas, Mrs. TAUSCHER, Messrs. BAIRD, HIG- and the second times by unanimous for the recruitment and retention of public GINS, MITCHELL, KAGEN, MCNERNEY, MICA, consent, and referred as indicated: health workers and to eliminate critical pub- DUNCAN, EHLERS, BAKER, BROWN of South H.R. 2929. An act to limit the use of funds lic health workforce shortages in Federal, Carolina, and BOOZMAN. to establish any military installation or base State, local, and tribal public health agen- From the Committee on Natural Re- for the purpose of providing for the perma- cies; to the Committee on Health, Education, sources, for consideration of sections nent stationing of United States Armed Labor, and Pensions. 2014, 2023, and 6009 of the House bill, Forces in Iraq or to exercise United States By Mr. KOHL (for himself, Mr. DORGAN, and sections 3023, 5008, and 5016 of the economic control of the oil resources of Iraq; and Mr. WYDEN): Senate amendment, and modifications to the Committee on Foreign Relations. S. 1883. A bill to amend title XVIII of the Social Security Act to provide for standard- committed to conference: Mr. RAHALL, The following concurrent resolution ized marketing requirements under the Mrs. NAPOLITANO, and Mrs. MCMORRIS was read, and referred as indicated: Medicare Advantage program and the Medi- RODGERS. H. Con. Res. 187. Concurrent resolution ex- care prescription drug program and to pro- pressing the sense of Congress regarding the vide for State certification prior to waiver of At 3:32 p.m., a message from the dumping of industrial waste into the Great licensure requirements under the Medicare House of Representatives, delivered by Lakes; to the Committee on Environment prescription drug program, and for other Ms. Niland, one of its reading clerks, and Public Works. purposes; to the Committee on Finance.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10149 By Mr. SALAZAR: By Ms. MIKULSKI (for herself, Mr. ISAKSON) was added as a cosponsor of S. S. 1884. A bill to amend the Farm Security CARDIN, and Mr. SCHUMER): 742, a bill to amend the Toxic Sub- and Rural Investment Act of 2002 to reau- S. Res. 281. A resolution congratulating stances Control Act to reduce the thorize and improve agricultural energy pro- Cal Ripken Jr. for his induction into the grams, and for other purposes; to the Com- Baseball Hall of Fame, for an outstanding health risks posed by asbestos-con- mittee on Agriculture, Nutrition, and For- career as an athlete, and for his contribu- taining products, and for other pur- estry. tions to baseball and to his community; to poses. By Mr. REID (for Mr. OBAMA (for him- the Committee on the Judiciary. S. 805 self, Mrs. MCCASKILL, Mr. HARKIN, By Mr. KOHL (for himself and Mr. At the request of Mr. DURBIN, the Mr. KERRY, Mr. BAUCUS, Mr. BIDEN, HATCH): name of the Senator from Maryland Mr. DURBIN, and Mr. KENNEDY)): S. Res. 282. A resolution supporting the (Mr. CARDIN) was added as a cosponsor S. 1885. A bill to provide certain employ- goals and ideals of a National Polycystic of S. 805, a bill to amend the Foreign ment protections for family members who Kidney Disease Awareness Week to raise are caring for members of the Armed Forces Assistance Act of 1961 to assist coun- public awareness and understanding of poly- tries in sub-Saharan Africa in the ef- recovering from illnesses and injuries in- cystic kidney disease and to foster under- curred on active duty; to the Committee on standing of the impact polycystic kidney dis- fort to achieve internationally recog- Health , Education, Labor, and Pensions. ease has on patients and future generations nized goals in the treatment and pre- By Mr. BURR (for himself, Mr. CORKER, of their families; to the Committee on the vention of HIV/AIDS and other major Mr. COBURN, Mr. MARTINEZ, and Mrs. Judiciary. diseases and the reduction of maternal DOLE): f and child mortality by improving S. 1886. A bill to provide a refundable and human health care capacity and im- advanceable credit for health insurance ADDITIONAL COSPONSORS through the Internal Revenue Code of 1986, proving retention of medical health S. 65 professionals in sub-Saharan Africa, to provide for improved private health insur- At the request of Mr. INHOFE, the ance access and affordability, and for other and for other purposes. purposes; to the Committee on Finance. name of the Senator from Florida (Mr. S. 958 By Mr. SMITH (for himself and Mr. MARTINEZ) was added as a cosponsor of At the request of Mr. SESSIONS, the KERRY): S. 65, a bill to modify the age-60 stand- name of the Senator from Maryland S. 1887. A bill to amend title XVIII of the ard for certain pilots and for other pur- (Ms. MIKULSKI) was added as a cospon- Social Security Act in order to ensure access poses. sor of S. 958, a bill to establish an ado- to critical medications under the Medicare S. 367 lescent literacy program. part D prescription drug program; to the At the request of Mr. DORGAN, the Committee on Finance. S. 969 By Mrs. CLINTON (for herself and Mr. name of the Senator from Pennsyl- At the request of Mr. DODD, the name COCHRAN): vania (Mr. CASEY) was added as a co- of the Senator from Maryland (Ms. MI- S. 1888. A bill to amend title 4, United sponsor of S. 367, a bill to amend the KULSKI) was added as a cosponsor of S. States Code, to add National Korean War Tariff Act of 1930 to prohibit the im- 969, a bill to amend the National Labor Veterans Armistice Day to the list of days port, export, and sale of goods made Relations Act to modify the definition on which the flag should especially be dis- with sweatshop labor, and for other of supervisor. played; to the Committee on the Judiciary. purposes. S. 986 By Mr. LAUTENBERG (for himself, At the request of Mr. REID, the name Mr. SMITH, Mrs. CLINTON, Mr. KERRY, S. 543 and Mr. SCHUMER): At the request of Mr. NELSON of Ne- of the Senator from North Dakota (Mr. S. 1889. A bill to amend title 49, United braska, the name of the Senator from DORGAN) was added as a cosponsor of S. States Code, to improve railroad safety by Mississippi (Mr. COCHRAN) was added as 986, a bill to expand eligibility for Com- reducing accidents and to prevent railroad a cosponsor of S. 543, a bill to improve bat-Related Special Compensation paid fatalities, injuries, and hazardous materials Medicare beneficiary access by extend- by the uniformed services in order to releases, and for other purposes; to the Com- ing the 60 percent compliance thresh- permit certain additional retired mem- mittee on Commerce, Science, and Transpor- bers who have a service-connected dis- tation. old used to determine whether a hos- By Mr. LOTT: pital or unit of a hospital is an inpa- ability to receive both disability com- S. 1890. A bill to allow individuals to opt- tient rehabilitation facility under the pensation from the Department of Vet- out of the National Flood Insurance Pro- Medicare program. erans Affairs for that disability and gram, and for other purposes; to the Com- S. 557 Combat-Related Special Compensation mittee on Banking, Housing, and Urban Af- At the request of Mr. SCHUMER, the by reason of that disability. fairs. S. 988 By Mr. SALAZAR: name of the Senator from Virginia (Mr. S. 1891. A bill to provide limited immunity WEBB) was added as a cosponsor of S. At the request of Ms. MIKULSKI, the for reports of suspected terrorist activity or 557, a bill to amend the Internal Rev- name of the Senator from Wyoming suspicious behavior and response; to the enue Code of 1986 to make permanent (Mr. BARRASSO) was added as a cospon- Committee on the Judiciary. the depreciation classification of mo- sor of S. 988, a bill to extend the termi- By Ms. CANTWELL (for herself, Ms. torsports entertainment complexes. nation date for the exemption of re- SNOWE, Mr. INOUYE, Mr. STEVENS, Mr. turning workers from the numerical S. 600 LAUTENBERG, and Mr. LOTT): limitations for temporary workers. S. 1892. A bill to reauthorize the Coast At the request of Mr. SMITH, the S. 991 Guard for fiscal year 2008, and for other pur- name of the Senator from New York poses; to the Committee on Commerce, At the request of Mr. DURBIN, the (Mrs. CLINTON) was added as a cospon- name of the Senator from Ohio (Mr. Science, and Transportation. sor of S. 600, a bill to amend the Public By Mr. BAUCUS: VOINOVICH) was added as a cosponsor of S. 1893. An original bill to amend title XXI Health Service Act to establish the S. 991, a bill to establish the Senator of the Social Security Act to reauthorize the School-Based Health Clinic program, Paul Simon Study Abroad Foundation State Children’s Health Insurance Program, and for other purposes. under the authorities of the Mutual and for other purposes; from the Committee S. 680 Educational and Cultural Exchange on Finance; placed on the calendar. At the request of Ms. COLLINS, the Act of 1961. By Mr. REID (for Mr. DODD (for him- name of the Senator from Hawaii (Mr. S. 1060 self, Mr. NELSON of Nebraska, Mr. AKAKA) was added as a cosponsor of S. At the request of Mr. BIDEN, the KENNEDY, Mr. REED, and Mr. 680, a bill to ensure proper oversight LIEBERMAN)): names of the Senator from New Jersey S. 1894. A bill to amend the Family and and accountability in Federal con- (Mr. LAUTENBERG) and the Senator Medical Leave Act of 1993 to provide family tracting, and for other purposes. from Mississippi (Mr. COCHRAN) were and medical leave to primary caregivers of S. 718 added as cosponsors of S. 1060, a bill to servicemembers with combat-related inju- At the request of Mr. CRAPO, the reauthorize the grant program for re- ries; to the Committee on Health, Education, name of the Senator from Georgia (Mr. entry of offenders into the community Labor, and Pensions. ISAKSON) was added as a cosponsor of S. in the Omnibus Crime Control and Safe f 718, a bill to optimize the delivery of Streets Act of 1968, to improve reentry SUBMISSION OF CONCURRENT AND critical care medicine and expand the planning and implementation, and for SENATE RESOLUTIONS critical care workforce. other purposes. The following concurrent resolutions S. 742 S. 1070 and Senate resolutions were read, and At the request of Mrs. MURRAY, the At the request of Mrs. LINCOLN, the referred (or acted upon), as indicated: name of the Senator from Georgia (Mr. name of the Senator from Delaware

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10150 CONGRESSIONAL RECORD — SENATE July 26, 2007 (Mr. BIDEN) was added as a cosponsor of S. 1418, a bill to provide assistance to personality disorder, and for other pur- S. 1070, a bill to amend the Social Secu- improve the health of newborns, chil- poses. rity Act to enhance the social security dren, and mothers in developing coun- S. 1848 of the Nation by ensuring adequate tries, and for other purposes. At the request of Mr. BAUCUS, the public-private infrastructure and to re- S. 1502 name of the Senator from North Caro- solve to prevent, detect, treat, inter- At the request of Mr. CONRAD, the lina (Mrs. DOLE) was added as a cospon- vene in, and prosecute elder abuse, ne- name of the Senator from Minnesota sor of S. 1848, a bill to amend the Trade glect, and exploitation, and for other (Mr. COLEMAN) was added as a cospon- Act of 1974 to address the impact of purposes. sor of S. 1502, a bill to amend the Food globalization, to reauthorize trade ad- S. 1146 Security Act of 1985 to encourage own- justment assistance, to extend trade At the request of Mr. SALAZAR, the ers and operators of privately-held adjustment assistance to service work- name of the Senator from Missouri farm, ranch, and forest land to volun- ers, communities, firms, and farmers, (Mrs. MCCASKILL) was added as a co- tarily make their land available for ac- and for other purposes. sponsor of S. 1146, a bill to amend title cess by the public under programs ad- 38, United States Code, to improve S. 1849 ministered by States and tribal govern- health care for veterans who live in At the request of Mr. SMITH, the ments. rural areas, and for other purposes. names of the Senator from North Da- S. 1518 S. 1152 kota (Mr. DORGAN) and the Senator At the request of Ms. CANTWELL, the At the request of Mr. REED, the name from Montana (Mr. TESTER) were with- name of the Senator from Colorado of the Senator from New Jersey (Mr. drawn as cosponsors of S. 1849, a bill to (Mr. SALAZAR) was added as a cospon- LAUTENBERG) was added as a cosponsor amend the Internal Revenue Code of sor of S. 1152, a bill to promote of S. 1518, a bill to amend the McKin- 1986 to clarify that wages paid to unau- wildland firefighter safety. ney-Vento Homeless Assistance Act to thorized aliens may not be deducted S. 1175 reauthorize the Act, and for other pur- from gross income, and for other pur- At the request of Mr. DURBIN, the poses. poses. name of the Senator from Maryland S. 1556 S. 1850 (Mr. CARDIN) was added as a cosponsor At the request of Mr. SMITH, the At the request of Mr. SMITH, the of S. 1175, a bill to end the use of child name of the Senator from Rhode Island names of the Senator from Montana soldiers in hostilities around the world, (Mr. WHITEHOUSE) was added as a co- (Mr. TESTER) and the Senator from and for other purposes. sponsor of S. 1556, a bill to amend the North Dakota (Mr. DORGAN) were added S. 1185 Internal Revenue Code of 1986 to extend as cosponsors of S. 1850, a bill to amend At the request of Mr. BINGAMAN, the the exclusion from gross income for the Internal Revenue Code of 1986 to name of the Senator from Maryland employer-provided health coverage to provide for the treatment of Indian (Ms. MIKULSKI) was added as a cospon- designated plan beneficiaries of em- tribal governments as State govern- sor of S. 1185, a bill to provide grants to ployees, and for other purposes. ments for purposes of issuing tax-ex- States to improve high schools and S. 1651 empt governmental bonds, and for raise graduation rates while ensuring At the request of Mr. KENNEDY, the other purposes. rigorous standards, to develop and im- name of the Senator from Ohio (Mr. S. RES. 203 plement effective school models for VOINOVICH) was added as a cosponsor of struggling students and dropouts, and At the request of Mr. MENENDEZ, the S. 1651, a bill to assist certain Iraqis names of the Senator from Rhode Is- to improve State policies to raise grad- who have worked directly with, or are uation rates, and for other purposes. land (Mr. REED) and the Senator from threatened by their association with, Illinois (Mr. OBAMA) were added as co- S. 1239 the United States, and for other pur- sponsors of S. Res. 203, a resolution At the request of Mr. ROCKEFELLER, poses. calling on the Government of the Peo- the name of the Senator from South S. 1718 ple’s Republic of China to use its Dakota (Mr. JOHNSON) was added as a At the request of Mr. BROWN, the cosponsor of S. 1239, a bill to amend the unique influence and economic lever- names of the Senator from Montana Internal Revenue Code of 1986 to extend age to stop genocide and violence in (Mr. TESTER) and the Senator from the new markets tax credit through Darfur, Sudan. Maryland (Ms. MIKULSKI) were added as 2013, and for other purposes. At the request of Mr. BYRD, his name cosponsors of S. 1718, a bill to amend was added as a cosponsor of S. Res. 203, S. 1245 the Servicemembers Civil Relief Act to supra. At the request of Mr. CARDIN, the provide for reimbursement to name of the Senator from Virginia (Mr. At the request of Mr. CORNYN, his servicemebers of tuition for programs WEBB) was added as a cosponsor of S. name was added as a cosponsor of S. of education interrupted by military 1245, a bill to reform mutual aid agree- Res. 203, supra. service, for deferment of students loans ments for the National Capitol Region. S. RES. 276 and reduced interest rates for S. 1310 At the request of Mr. BIDEN, the servicemembers during periods of mili- At the request of Mr. SCHUMER, the names of the Senator from West Vir- tary service, and for other purposes. name of the Senator from Arkansas ginia (Mr. BYRD), the Senator from S. 1790 (Mr. PRYOR) was added as a cosponsor Massachusetts (Mr. KERRY), the Sen- of S. 1310, a bill to amend title XVIII of At the request of Mr. OBAMA, the ator from Connecticut (Mr. DODD), the the Social Security Act to provide for name of the Senator from California Senator from Georgia (Mr. CHAMBLISS), an extension of increased payments for (Mrs. BOXER) was added as a cosponsor the Senator from Michigan (Mr. ground ambulance services under the of S. 1790, a bill to make grants to LEVIN), the Senator from New Jersey Medicare program. carry out activities to prevent the inci- (Mr. LAUTENBERG), the Senator from S. 1374 dence of unintended pregnancies and Ohio (Mr. BROWN), the Senator from At the request of Mr. CASEY, the sexually transmitted infections among Arkansas (Mr. PRYOR), the Senator name of the Senator from Minnesota teens in racial or ethnic minority or from Arkansas (Mrs. LINCOLN) and the (Ms. KLOBUCHAR) was added as a co- immigrant communities, and for other Senator from Georgia (Mr. ISAKSON) sponsor of S. 1374, a bill to assist States purposes. were added as cosponsors of S. Res. 276, in making voluntary high quality full- S. 1817 a resolution calling for the urgent de- day prekindergarten programs avail- At the request of Mr. OBAMA, the ployment of a robust and effective mul- able and economically affordable for names of the Senator from Delaware tinational peacekeeping mission with the families of all children for at least (Mr. BIDEN) and the Senator from sufficient size, resources, leadership, 1 year preceding kindergarten. Vermont (Mr. SANDERS) were added as and mandate to protect civilians in S. 1418 cosponsors of S. 1817, a bill to ensure Darfur, Sudan, and for efforts to At the request of Mr. LAUTENBERG, proper administration of the discharge strengthen the renewal of a just and in- his name was added as a cosponsor of of members of the Armed Forces for clusive peace process.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10151 AMENDMENT NO. 2398 land Securityfor the fiscal year ending with disabilities can have equal oppor- At the request of Mrs. CLINTON, the September 30, 2008, and for other pur- tunity in the workplace. We have ad- name of the Senator from Maryland poses. vanced the 4 goals of the ADA, equality (Mr. CARDIN) was added as a cosponsor AMENDMENT NO. 2464 of opportunity, full participation, inde- of amendment No. 2398 intended to be At the request of Mr. OBAMA, the pendent living, and economic self-suffi- proposed to H.R. 2638, a bill making ap- name of the Senator from Illinois (Mr. ciency. propriations for the Department of DURBIN) was added as a cosponsor of So today is a day, first and foremost, Homeland Security for the fiscal year amendment No. 2464 intended to be pro- to celebrate all that has been accom- ending September 30, 2008, and for posed to H.R. 2638, a bill making appro- plished over the last 17 years. other purposes. priations for the Department of Home- But despite that progress, there is a AMENDMENT NO. 2400 land Securityfor the fiscal year ending problem. In recent years, the courts have ignored Congress’s clear intent as At the request of Mr. NELSON of Flor- September 30, 2008, and for other pur- ida, his name was withdrawn as a co- poses. to who should be protected under the ADA. And the courts have narrowed sponsor of amendment No. 2400 in- AMENDMENT NO. 2468 the definition of who qualifies as an tended to be proposed to H.R. 2638, a At the request of Ms. LANDRIEU, the ‘‘individual with a disability.’’ As a bill making appropriations for the De- names of the Senator from North Da- consequence, millions of people we in- partment of Homeland Security for the kota (Mr. CONRAD) and the Senator tended to be protected under the ADA, fiscal year ending September 30, 2008, from North Dakota (Mr. DORGAN) were including people with epilepsy, diabe- and for other purposes. added as cosponsors of amendment No. tes, and cancer, are not protected any AMENDMENT NO. 2405 2468 proposed to H.R. 2638, a bill mak- more. In a ruling just this spring, the ing appropriations for the Department At the request of Mr. ALEXANDER, the 11th Circuit court even concluded that of Homeland Securityfor the fiscal name of the Senator from Arizona (Mr. a person with mental retardation was year ending September 30, 2008, and for KYL) was added as a cosponsor of not ‘‘disabled’’ under the ADA. amendment No. 2405 proposed to H.R. other purposes. Looking back through the legislative 2638, a bill making appropriations for AMENDMENT NO. 2473 history, it is abundantly clear that the Department of Homeland Security At the request of Mr. OBAMA, the Congress intended that the protections for the fiscal year ending September 30, name of the Senator from Illinois (Mr. in the ADA apply to all persons with- 2008, and for other purposes. DURBIN) was added as a cosponsor of out regard to mitigating cir- AMENDMENT NO. 2407 amendment No. 2473 intended to be pro- cumstances, such as taking medication At the request of Mr. LIEBERMAN, the posed to H.R. 2638, a bill making appro- or using an assistive device. name of the Senator from Missouri priations for the Department of Home- In the Senate Labor and Human Re- (Mrs. MCCASKILL) was added as a co- land Securityfor the fiscal year ending sources Committee report Congress sponsor of amendment No. 2407 pro- September 30, 2008, and for other pur- said: posed to H.R. 2638, a bill making appro- poses. Whether a person has a disability should be priations for the Department of Home- AMENDMENT NO. 2476 assessed without regard to the availability of land Security for the fiscal year ending At the request of Mr. GRASSLEY, the mitigating measures, such as reasonable ac- September 30, 2008, and for other pur- names of the Senator from Iowa (Mr. commodations or auxiliary aids. poses. HARKIN) and the Senator from Okla- The House Education and Labor AMENDMENT NO. 2413 homa (Mr. INHOFE) were added as co- Committee report says the same thing, and goes on to say: At the request of Mr. MARTINEZ, the sponsors of amendment No. 2476 pro- name of the Senator from Florida (Mr. posed to H.R. 2638, a bill making appro- For example, a person who is hard of hearing is substantially limited in the major life NELSON) was added as a cosponsor of priations for the Department of Home- land Securityfor the fiscal year ending activity of hearing, even though the loss amendment No. 2413 proposed to H.R. may be corrected through the use of a hear- 2638, a bill making appropriations for September 30, 2008, and for other pur- ing aid. Likewise, persons with impairments, the Department of Homeland Security poses. such as epilepsy or diabetes, which substan- for the fiscal year ending September 30, f tially limit a major life activity are covered 2008, and for other purposes. under . . . the definition of disability, even if STATEMENTS ON INTRODUCED the effects of the impairment are controlled AMENDMENT NO. 2416 BILLS AND JOINT RESOLUTIONS by medication. At the request of Mr. SCHUMER, the By Mr. HARKIN (for himself and Nonetheless, in a series of cases, the name of the Senator from New York Mr. SPECTER): Supreme Court ignored Congressional (Mrs. CLINTON) was added as a cospon- S. 1881. A bill to amend the Ameri- intent. Together, these Supreme Court sor of amendment No. 2416 proposed to cans with Disabilities Act of 1990 to re- cases have created an absurd and unin- H.R. 2638, a bill making appropriations store the intent and protections of that tended Catch 22. People with serious for the Department of Homeland Secu- Act, and for other purposes; to the health conditions like epilepsy or dia- rity for the fiscal year ending Sep- Committee on Health, Education, betes who are fortunate to find treat- tember 30, 2008, and for other purposes. Labor, and Pensions. ments that make them more capable AMENDMENT NO. 2417 Mr. HARKIN. Mr. President, I am and independent, and more able to At the request of Mrs. BOXER, her joining, today, with the senior Senator work, may find that they are no longer name was added as a cosponsor of from Pennsylvania, Senator SPECTER, protected by the ADA. If these individ- amendment No. 2417 proposed to H.R. in introducing the ADA Restoration uals are no longer covered under the 2638, a bill making appropriations for Act of 2007. ADA, then their requests for a reason- the Department of Homeland Security Today, July 26, marks the 17th anni- able accommodation at work can be de- for the fiscal year ending September 30, versary of the signing of the Americans nied, or they can be fired. On the other 2008, and for other purposes. with Disabilities Act, one of the land- hand, if they stop taking their medica- At the request of Mr. SALAZAR, the mark civil rights laws of the 20th cen- tion, they will be considered a person name of the Senator from Colorado tury, and a long-overdue emancipation with a disability under the ADA, but (Mr. ALLARD) was added as a cosponsor proclamation for the 50 million Ameri- they will be unable to do their job. of amendment No. 2417 proposed to cans with disabilities. This is not just absurd, it is wrong. It H.R. 2638, supra. As chief sponsor of the ADA in the flies in the face of clear, unambiguous AMENDMENT NO. 2442 Senate, I take pride in the progress we Congressional intent. When we passed At the request of Mr. COBURN, the have made as a Nation since 1990. We the law, there was common agreement name of the Senator from Missouri have removed most physical barriers to on both sides of the aisle, and on the (Mrs. MCCASKILL) was added as a co- movement and access for the 50 million part of the White House, that the law sponsor of amendment No. 2442 pro- Americans with disabilities. We have was designed to protect any individual posed to H.R. 2638, a bill making appro- required employers to provide reason- who is treated less favorably because of priations for the Department of Home- able accommodations so that people a current, past, or perceived disability.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10152 CONGRESSIONAL RECORD — SENATE July 26, 2007 This situation cries out for a modest, nition ‘‘acknowledged that society’s myths ‘‘(ii) other people who have a record of a reasonable legislative fix, and that is and fears about disability and disease are as disability or are regarded as having a dis- exactly what we are doing, today, by handicapping as are the physical limitations ability have also been subjected to discrimi- introducing the ADA Restoration Act that flow from actual impairment’’; nation;’’; and (5) in adopting, in the Americans with Dis- (2) by striking paragraph (7) and inserting of 2007. abilities Act of 1990, the concept of disability the following: Our bill amends the definition of expressed in section 504, Congress understood ‘‘(7)(A) individuals with disabilities have ‘‘disability’’ so that people who Con- that adverse action based on a person’s phys- been subjected to a history of purposeful un- gress originally intended to be pro- ical or mental impairment is often unrelated equal treatment, have had restrictions and tected from discrimination are covered to the limitations caused by the impairment limitations imposed upon them because of under the ADA. itself; their disabilities, and have been relegated to Mr. Presdient, 17 years ago, the (6) instead of following congressional ex- positions of political powerlessness in soci- Americans with Disabilities Act passed pectations that the term ‘‘disability’’ would ety; and with overwhelming bipartisan support. be interpreted broadly in the Americans with ‘‘(B) classifications and selection criteria Disabilities Act of 1990, the Supreme Court that exclude individuals with disabilities Likewise, today, we are building a has ruled, in Toyota Motor Manufacturing, should be strongly disfavored, subjected to strong bicameral, bipartisan majority Kentucky, Inc. v. Williams, 534 U.S. 184 skeptical and meticulous examination, and to support ADA Restoration. A com- (2002), that the elements of the definition permitted only for highly compelling rea- panion bill is being introduced, today, ‘‘need to be interpreted strictly to create a sons, and never on the basis of prejudice, in the House. demanding standard for qualifying as dis- myths, irrational fears, ignorance, or stereo- As with the original passage of the abled’’ and, consistent with that view, has types about disability;’’. ADA in 1990, it is going to take time to narrowed the application of the definition in SEC. 4. DISABILITY DEFINED. hold hearings and build strong majori- various ways; and Section 3 of the Americans with Disabil- ties. But I look forward to working to (7) contrary to explicit congressional in- ities Act of 1990 (42 U.S.C. 12102) is amend- tent expressed in the committee reports for ed— restore Congress’ original intent, and, the Americans with Disabilities Act of 1990, once again, to ensure that Americans (1) by striking paragraph (2) and inserting the Supreme Court has eliminated from the the following: with disabilities are protected from Act’s coverage individuals who have miti- ‘‘(2) DISABILITY.— discrimination. gated the effects of their impairments ‘‘(A) IN GENERAL.—The term ‘disability’ I ask unanimous consent that the through the use of such measures as medica- means— text of the bill be printed in the tion and assistive devices. ‘‘(i) a physical or mental impairment; RECORD. (b) PURPOSE.—The purposes of this Act ‘‘(ii) a record of a physical or mental im- There being no objection, the text of are— pairment; or the bill was orderd to be printed in the (1) to effect the Americans with Disabil- ‘‘(iii) being regarded as having a physical ities Act of 1990’s objectives of providing ‘‘a RECORD, as follows: or mental impairment. clear and comprehensive national mandate ‘‘(B) RULE OF CONSTRUCTION.— S. 1881 for the elimination of discrimination’’ and ‘‘(i) DETERMINATION OF IMPAIRMENT.—The Be it enacted by the Senate and House of Rep- ‘‘clear, strong, consistent, enforceable stand- determination of whether an individual has a resentatives of the United States of America in ards addressing discrimination’’ by restoring physical or mental impairment shall be Congress assembled, the broad scope of protection available under made without regard to— SECTION 1. SHORT TITLE. the Americans with Disabilities Act of 1990; ‘‘(I) whether the individual uses a miti- This Act may be cited as the ‘‘Americans (2) to respond to certain decisions of the gating measure; with Disabilities Act Restoration Act of Supreme Court, including Sutton v. United ‘‘(II) the impact of any mitigating meas- 2007’’. Air Lines, Inc., (527 U.S. 471 (1999), Murphy v. ures the individual may or may not be using; SEC. 2. FINDINGS AND PURPOSES. United Parcel Service, Inc., 527 U.S. 516 ‘‘(III) whether any manifestation of the im- (a) FINDINGS.—Congress finds that— (1999), Albertson’s, Inc. v. Kirkingburg, 527 pairment is episodic; or (1) in enacting the Americans with Disabil- U.S. 555 (1999), and Toyota Motor Manufac- ‘‘(IV) whether the impairment is in remis- ities Act of 1990, Congress intended that the turing, Kentucky, Inc. v. Williams, 534 U.S. sion or latent. Act ‘‘establish a clear and comprehensive 184 (2002), that have narrowed the class of ‘‘(ii) MITIGATING MEASURES.—The term prohibition of discrimination on the basis of people who can invoke the protection from ‘mitigating measure’ means any treatment, disability’’, and provide broad coverage and discrimination that the Americans with Dis- medication, device, or other measure used to vigorous and effective remedies without un- abilities Act of 1990 provides; and eliminate, mitigate, or compensate for the necessary and obstructive defenses; (3) to reinstate the original congressional effect of an impairment, and includes pre- (2) decisions and opinions of the Supreme intent regarding the definition of disability scription and other medications, personal Court have unduly narrowed the broad scope in the Americans with Disabilities Act of aids and devices (including assistive tech- of protection afforded by the Americans with 1990 by clarifying that the protection of that nology devices and services), reasonable ac- Disabilities Act of 1990, eliminating protec- Act is available for all individuals who are— commodations, and auxiliary aids and serv- tion for a broad range of individuals whom (A) subjected to adverse treatment based ices.’’; and Congress intended to protect; on an actual or perceived impairment, or a (2) by redesignating paragraph (3) as para- (3) in enacting the Americans with Disabil- record of impairment; or graph (7) and inserting after paragraph (2) ities Act of 1990, Congress recognized that (B) adversely affected— the following: physical and mental impairments are nat- (i) by prejudiced attitudes, such as myths, ‘‘(3) MENTAL IMPAIRMENT.—The term ‘men- ural parts of the human experience that in fears, ignorance, or stereotypes concerning tal’, used with respect to an impairment, no way diminish a person’s right to fully disability or particular disabilities; or means any mental or psychological disorder participate in all aspects of society, but Con- (ii) by the failure to remove societal and such as mental retardation, organic brain gress also recognized that people with phys- institutional barriers, including communica- syndrome, emotional or mental illness, or ical or mental impairments having the tal- tion, transportation, and architectural bar- specific learning disability. ent, skills, abilities, and desire to partici- riers, or the failure to provide reasonable ‘‘(4) PHYSICAL IMPAIRMENT.—The term pate in society are frequently precluded from modifications to policies, practices, and pro- ‘physical’, used with respect to an impair- doing so because of prejudice, antiquated at- cedures, reasonable accommodations, and ment, means any physiological disorder or titudes, or the failure to remove societal and auxiliary aids and services. condition, cosmetic disfigurement, or ana- institutional barriers; SEC. 3. FINDINGS IN AMERICANS WITH DISABIL- tomical loss affecting 1 or more of the fol- (4)(A) Congress modeled the Americans ITIES ACT OF 1990. lowing body systems: with Disabilities Act of 1990 definition of dis- Section 2(a) of the Americans with Disabil- ‘‘(A) Neurological. ability on that of section 504 of the Rehabili- ities Act of 1990 (42 U.S.C. 12101(a)) is amend- ‘‘(B) Musculoskeletal. tation Act of 1973 (referred to in this section ed— ‘‘(C) Special sense organs. as ‘‘section 504’’), which had, prior to the (1) by striking paragraph (1) and inserting ‘‘(D) Respiratory, including speech organs. date of enactment of the Americans with the following: ‘‘(E) Cardiovascular. Disabilities Act of 1990, been construed ‘‘(1)(A) physical and mental disabilities are ‘‘(F) Reproductive. broadly to encompass both actual and per- natural parts of the human experience that ‘‘(G) Digestive. ceived limitations, and limitations imposed in no way diminish a person’s right to fully ‘‘(H) Genitourinary. by society; and participate in all aspects of society; and ‘‘(I) Hemic and lymphatic. (B) the broad conception of the definition ‘‘(B)(i) people with physical or mental dis- ‘‘(J) Skin. contained in section 504 had been under- abilities having the talent, skills, abilities, ‘‘(K) Endocrine. scored by the Supreme Court’s statement in and desire to participate in society are fre- ‘‘(5) RECORD OF A PHYSICAL OR MENTAL IM- its decision in School Board of Nassau Coun- quently precluded from doing so because of PAIRMENT.—The term ‘record of a physical or ty v. Arline, 480 U.S. 273 (1987), that the defi- discrimination; and mental impairment’ means a history of, or a

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10153 misclassification as having, a physical or guidance for the implementation of the health. It also provides opportunities mental impairment. Americans with Disabilities Act of 1990, infor mid-career public health profes- ‘‘(6) REGARDED AS HAVING A PHYSICAL OR cluding provisions implementing and inter- sionals to go back for additional train- MENTAL IMPAIRMENT.—The term ‘regarded as preting the definition of disability, shall be ing in public health preparedness or having a physical or mental impairment’ entitled to deference by administrative agen- means perceived or treated as having a phys- cies or officers, and courts, deciding an issue biodefense. ical or mental impairment, whether or not in any action brought under this Act.’’. The time to prepare for a public the individual involved has an impairment.’’. health emergency, whether that be a SEC. 5. ADVERSE ACTION. By Mr. HAGEL (for himself, Mr. natural disaster or one of our own The Americans with Disabilities Act of DURBIN, Mr. BIDEN, and Mrs. making, is not tomorrow, nor next 1990 is amended by inserting after section 3 BOXER): month, nor a year from now, but today. (42 U.S.C. 12102) the following: S. 1882. A bill to amend the Public Looking forward we must strengthen ‘‘SEC. 4. ADVERSE ACTION. Health Service Act to establish various our public health workforce. I urge my ‘‘An adverse action taken by an entity cov- programs for the recruitment and re- colleagues to join me and the Senator ered under this Act against an individual be- tention of public health workers and to from Nebraska in taking up and pass- cause of that individual’s use of a mitigating eliminate critical public health working the Public Health Preparedness measure or because of a side effect or other Workforce Development Act. We must consequence of the use of such a measure force shortages in Federal, State, local, shall constitute discrimination under this and tribal public health agencies; to all make a commitment to securing Act.’’. the Committee on Health, Education, the safety of our nation, and that secu- SEC. 6. DISCRIMINATION ON THE BASIS OF DIS- Labor, and Pensions. rity begins with our public health. ABILITY. Mr. DURBIN. Mr. President, in the Section 102 of the Americans with Disabil- last few years, our Nation’s public By Mr. KOHL (for himself, Mr. ities Act of 1990 (42 U.S.C. 12112) is amend- health has been threatened repeatedly. DORGAN, and Mr. WYDEN): S. 1883. A bill to amend title XVIII of ed— We have faced natural disasters like (1) in subsection (a), by striking ‘‘against a the Social Security Act to provide for the horrific damage done by Hurricane qualified individual with a disability because standardized marketing requirements Katrina. We have endured human-led of the disability of such individual’’ and in- under the Medicare Advantage program catastrophes like the tragic September serting ‘‘against an individual on the basis of and the Medicare prescription drug disability’’; and 11 attacks. Only a couple of months program and to provide for State cer- (2) in subsection (b), in the matter pre- ago, a man infected with a potentially tification prior to waiver of licensure ceding paragraph (1), by striking the term lethal strain of extremely drug-resist- ‘‘discriminate’’ and inserting ‘‘discriminate requirements under the Medicare pre- ant tuberculosis was able to travel scription drug program, and for other against an individual on the basis of dis- from his home in Atlanta to France, ability’’. purposes; to the Committee on Fi- Greece, the Czech Republic, and Can- SEC. 7. QUALIFIED INDIVIDUAL. nance. Section 103(a) of the Americans with Dis- ada, before ending up at a center in Mr. KOHL. Mr. President, I rise abilities Act of 1990 (42 U.S.C. 2113(a)) is Denver for treatment. today to introduce the Accountability amended by striking ‘‘that an alleged’’ and These emergencies have made it and Transparency in Medicare Mar- inserting ‘‘that— clear that our public health system keting Act, on behalf of myself and ‘‘(1) the individual alleging discrimination must be prepared for the unexpected. Senator DORGAN and WYDEN. This leg- under this title is not a qualified individual Our ability to prevent, respond to, with a disability; or islation aims to regulate the mar- and recover from incidents like these keting standards and sales tactics of ‘‘(2) an alleged’’. depends upon an adequately staffed and SEC. 8. RULE OF CONSTRUCTION. Medicare Advantage and Medicare pre- well trained public health workforce. scription drug plans, now the fastest Section 501 of the Americans with Disabil- But if we look at our public health ities Act of 1990 (42 U.S.C. 12201) is amended growing segment of Medicare and a by adding at the end the following: workforce today, what we see is alarm- prime target for fraud, misrepresenta- ‘‘(e) BROAD CONSTRUCTION.—In order to ening: an aging staff nearing retirement tion, and deceptive sales practices. sure that this Act achieves the purpose of with no clear pipeline of trained em- As chairman of the Special Com- providing a comprehensive prohibition of ployees to fill the void. mittee on Aging, I recently held a discrimination on the basis of disability and The average age of lab technicians, hearing entitled, ‘‘Medicare Advantage to advance the remedial purpose of this Act, epidemiologists, environmental health Marketing and Sales: Who Has the Ad- the provisions of this Act shall be broadly experts, microbiologists, IT specialists, vantage?’’ Our hearing uncovered that construed. administrators, and other public health ‘‘(f) REGULATIONS.— a large majority of State insurance de- ‘‘(1) IN GENERAL.—Not later than 180 days workers is 47. That is 7 years older partments have received, and continue after the date of enactment of the Americans than the average age of the Nation’s to receive, an unprecedented number of with Disabilities Act Restoration Act of workforce. Retirement rates are as complaints about inappropriate or con- 2007— high as 20 percent in some State public fusing marketing practices that have ‘‘(A) the Attorney General, the Equal Em- health agencies. Nearly half of the Fed- led Medicare beneficiaries to enroll in ployment Opportunity Commission, and the eral employees in positions critical to Medicare Advantage plans without ade- Secretary of Transportation shall issue regu- our biodefense will be eligible to retire lations described in sections 106, 204, 223, 229, quately understanding the con- 244, and 306, as appropriate, including regula- by 2012. The average age of a public sequences of their decisions. tions that implement sections 3 and 4, to health nurse is near 50 years. My legislation will facilitate the cre- carry out the corresponding provisions of These statistics are sobering. As the ation of uniform marketing standards this Act, as this Act is amended by the responsibilities of our public health that will be adopted and enforced by Americans with Disabilities Act Restoration workforce are growing, their ranks individual states. Based on current Act of 2007; and continue to shrink. These are short- law, CMS has exclusive authority to in- ‘‘(B) the Architectural and Transportation ages that impact not just for the secu- vestigate and discipline the marketing Barriers Compliance Board shall issue sup- rity of our health, but our national se- and selling of Medicare advantage plementary guidelines described in section curity. products, while States have only been 504, to supplement the existing Minimum Guidelines and Requirements for Accessible We can’t afford to overlook this prob- permitted to examine and enforce vio- Design for purposes of titles II and III of this lem any longer. For the third consecu- lations against individual insurance Act, as this Act is amended by the Ameri- tive Congress, Senator HAGEL and I are agents. This unusual arrangement, cans with Disabilities Act Restoration Act of introducing the Public Health Pre- which some might call a pre-emption 2007. paredness Workforce Development Act of authority, has left a sizable enforce- ‘‘(2) CONSTRUCTION.—Nothing in this sub- of 2007. This is a bill that will increase ment gap that has exacerbated the section shall be construed to limit the au- the pipeline of qualified public health problems found by the committee. thority of an officer or agency described in workers at all levels—Federal, State, This legislation will close that gap, paragraph (1) to issue regulations or guidelines under any other provision of this Act, local, and tribal. It offers scholarships giving States the ability to standardize other than this subsection. and loan repayment as recruitment and marketing and sales regulations, as ‘‘(g) DEFERENCE TO REGULATIONS AND GUID- retention incentives for students who well as regulate both agents and com- ANCE.—Duly issued Federal regulations and enter and stay in the field of public panies in the marketing and sales of

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10154 CONGRESSIONAL RECORD — SENATE July 26, 2007 Medicare Advantage and prescription ‘‘(D) AGENT AND BROKER COMMISSIONS.— (2) STATE AUTHORITY TO ENFORCE STAND- drug plans. Ultimately, State insur- Such requirements shall establish stand- ARDIZED MARKETING REQUIREMENTS.— ance commissioners will have the abil- ards— (A) IN GENERAL.—Section 1856(b)(3) of the ‘‘(i) for fair and appropriate commissions Social Security Act (42 U.S.C. 1395w–26(b)(3)) ity to work in conjunction with CMS in for agents and brokers of Medicare Advan- is amended— order to provide the most comprehen- tage organizations and PDP sponsors, includ- (i) by striking ‘‘or State’’ and inserting ‘‘, sive protection possible for Medicare ing a prohibition on extra bonuses or incen- State’’; and beneficiaries. tives; and (ii) by inserting ‘‘, or State laws or regula- Senior citizens deserve to have access ‘‘(ii) for the disclosure of such commis- tions enacting the standardized marketing to the health care plan that best serves sions. requirements under subsection (c)’’ after their needs without having to worry ‘‘(E) CERTAIN CONDUCT OF AGENTS.—Such ‘‘plan solvency’’. about being purposely mislead and de- requirements shall address the conduct of (B) NO PREEMPTION OF STATE SANCTIONS.— agents engaged in on-site promotion at a fa- Nothing in title XVIII of the Social Security ceived. I believe we must repair this cility of an organization with which the Act or the provisions of, or amendments disconnect in oversight and ensure the Medicare Advantage organization or PDP made by, this Act, shall be construed to pro- protection of American seniors, and I sponsor has a cobranding relationship. hibit a State from imposing sanctions hope my colleagues will join in my ef- ‘‘(F) OTHER STANDARDS.—Such require- against Medicare Advantage organizations, fort to do so. ments may establish such other standards PDP sponsors, or agents or brokers of such I ask unanimous consent that the relating to marketing under Medicare Ad- organizations or sponsors for violations of text of the bill be printed in the vantage plans and prescription drug plans the standardized marketing requirements under part D as the NAIC determines appro- under subsection (c) of section 1856 of the So- RECORD. priate. cial Security Act (as added by paragraph (1)) There being no objection, the text of ‘‘(2) IMPLEMENTATION OF REQUIREMENTS.— as enacted by that State. the bill was ordered to be placed in the ‘‘(A) ADOPTION OF NAIC DEVELOPED REQUIRE- (3) CONFORMING AMENDMENT.—Section RECORD, as follows: MENTS.—If the NAIC develops standardized 1851(h)(4) of the Social Security Act (42 S. 1883 marketing requirements and submits the re- U.S.C. 1395w–21(h)(4)) is amended by adding port pursuant to paragraph (1), the Secretary at the end the following flush sentence: Be it enacted by the Senate and House of Rep- shall promulgate regulations for the adop- ‘‘Beginning on the effective date of the im- resentatives of the United States of America in tion of such requirements. The Secretary plementation of the regulations under sub- Congress assembled, shall ensure that such regulations take ef- paragraph (A) or (B) of section 1856(c)(2), SECTION 1. SHORT TITLE. fect not later than the date that is 10 months each Medicare Advantage organization with This Act may be cited as the ‘‘Account- after the date of enactment of this sub- respect to a Medicare Advantage plan offered ability and Transparency in Medicare Mar- section. by the organization (and agents of such orga- keting Act of 2007’’. ‘‘(B) REQUIREMENTS IF NAIC DOES NOT SUB- nization) shall comply with the standardized SEC. 2. STANDARDIZED MARKETING REQUIRE- MIT REPORT.—If the NAIC does not develop marketing requirements under section MENTS UNDER THE MEDICARE AD- standardized marketing requirements and 1856(c).’’. VANTAGE AND MEDICARE PRE- submit the report pursuant to paragraph (1), (b) MEDICARE PRESCRIPTION DRUG PRO- SCRIPTION DRUG PROGRAMS. the Secretary shall promulgate regulations GRAM.—Section 1860D–4 of the Social Secu- (a) MEDICARE ADVANTAGE PROGRAM.— for standardized marketing requirements for rity Act (42 U.S.C. 1395w–104) is amended by (1) IN GENERAL.—Section 1856 of the Social Medicare Advantage organizations with re- adding at the end the following new sub- Security Act (42 U.S.C. 1395w–26) is amend- spect to Medicare Advantage plans and PDP section: ed— sponsors with respect to prescription drug ‘‘(l) STANDARDIZED MARKETING REQUIRE- (A) in subsection (b)(1), by inserting ‘‘or plans under part D. Such regulations shall MENTS.—A PDP sponsor with respect to a subsection (c)’’ after ‘‘subsection (a)’’; and prohibit the conduct described in paragraph prescription drug plan offered by the sponsor (B) by adding at the end the following new (1)(B), may prohibit the conduct described in (and agents of such sponsor) shall comply subsection: paragraph (1)(C), shall establish the stand- with the standardized marketing require- ‘‘(c) STANDARDIZED MARKETING REQUIRE- ards described in paragraph (1)(D), shall ad- ments under section 1856(c).’’. MENTS.— dress the conduct described in paragraph SEC. 3. STATE CERTIFICATION PRIOR TO WAIVER ‘‘(1) DEVELOPMENT BY THE NAIC.— (1)(E), and may establish such other stand- OF LICENSURE REQUIREMENTS ‘‘(A) REQUIREMENTS.—The Secretary shall ards relating to marketing under Medicare UNDER MEDICARE PRESCRIPTION request the National Association of Insur- Advantage plans and prescription drug plans DRUG PROGRAM. ance Commissioners (in this subsection re- as the Secretary determines appropriate. (a) IN GENERAL.—Section 1860D–12(c) of the ferred to as the ‘NAIC’) to— The Secretary shall ensure that such regula- Social Security Act (42 U.S.C. 1395w–112(c)) is amended— ‘‘(i) develop standardized marketing re- tions take effect not later than the date that quirements for Medicare Advantage organi- is 10 months after the date of enactment of (1) in paragraph (1)(A), by striking ‘‘In the zations with respect to Medicare Advantage this subsection. case’’ and inserting ‘‘Subject to paragraph (5), in the case’’; and plans and PDP sponsors with respect to pre- ‘‘(C) CONSULTATION.—In establishing re- scription drug plans under part D; and quirements under this subsection, the NAIC (2) by adding at the end the following new ‘‘(ii) submit a report containing such re- or Secretary (as the case may be) shall con- paragraph: quirements to the Secretary by not later sult with a working group composed of rep- ‘‘(5) STATE CERTIFICATION REQUIRED.— than the date that is 9 months after the date resentatives of Medicare Advantage organi- ‘‘(A) IN GENERAL.—The Secretary may only of enactment of this subsection. zations and PDP sponsors, consumer groups, grant a waiver under paragraph (1)(A) if the ‘‘(B) PROHIBITED ACTIVITIES.—Such require- and other qualified individuals. Such rep- Secretary has received a certification from ments shall prohibit the following: resentatives shall be selected in a manner so the State insurance commissioner that the ‘‘(i) Cross-selling of non-Medicare products as to insure balanced representation among prescription drug plan has a substantially or services with products or services offered the interested groups. complete application pending in the State. by a Medicare Advantage plan or a prescrip- ‘‘(3) STATE REPORTING OF VIOLATIONS OF ‘‘(B) REVOCATION OF WAIVER UPON FINDING tion drug plan under part D. STANDARDIZED MARKETING REQUIREMENTS.— OF FRAUD AND ABUSE.—The Secretary shall ‘‘(ii) Up-selling from prescription drug The Secretary shall request that States re- revoke a waiver granted under paragraph plans under part D to Medicare Advantage port any violations of the standardized mar- (1)(A) if the State insurance commissioner plans. keting requirements under the regulations submits a certification to the Secretary that ‘‘(iii) Telemarketing (including cold call- under subparagraph (A) or (B) of paragraph the recipient of such a waiver— ing) conducted by an organization with re- (2) to national and regional offices of the ‘‘(i) has committed fraud or abuse with respect to a Medicare Advantage plan or a PDP Centers for Medicare & Medicaid Services. spect to such waiver; sponsor with respect to a prescription drug ‘‘(4) REPORT.—The Secretary shall submit ‘‘(ii) has failed to make a good faith effort plan under part D (or by an agent of such an an annual report to Congress on the enforce- to satisfy State licensing requirements; or organization or sponsor). ment of the standardized marketing require- ‘‘(iii) was determined ineligible for licen- ‘‘(iv) A Medicare Advantage organization ments under the regulations under subpara- sure by the State.’’. (b) EFFECTIVE DATE.—The amendments or a PDP sponsor providing cash or other graph (A) or (B) of paragraph (2), together made by paragraph (1) shall apply with re- monetary rebates as an inducement for en- with such recommendations as the Secretary spect to plan years beginning on or after rollment or otherwise. determines appropriate. Such report shall in- January 1, 2008. ‘‘(C) ELECTION FORM.—Such requirements clude— may prohibit a Medicare Advantage organi- ‘‘(A) a list of any alleged violations of such SEC. 4. NAIC RECOMMENDATIONS ON THE ESTAB- LISHMENT OF STANDARDIZED BEN- zation or a PDP sponsor (or an agent of such requirements reported to the Secretary by a EFIT PACKAGES FOR MEDICARE AD- an organization or sponsor) from completing State, a Medicare Advantage organization, VANTAGE PLANS AND PRESCRIP- any portion of any election form used to or a PDP sponsor; and TION DRUG PLANS. carry out elections under section 1851 or ‘‘(B) the disposition of such reported viola- Not later than 30 days after the date of en- 1860D–1 on behalf of any individual. tions.’’. actment of this Act, the Secretary of Health

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10155 and Human Services shall request the Na- pendence on foreign oil. It is an effort and builds on those ideas with impor- tional Association of Insurance Commis- that has spanned several committees. tant new initiatives to supplement the sioners to establish a committee to study The Energy bill that we passed in energy title of the farm bill. Our goal and make recommendations to the Secretary early June represented the diligent is to ensure that the renewable energy and Congress on— work of the Energy and Natural Re- work being done at the Department of (1) the establishment of standardized benefit packages for Medicare Advantage plans sources Committee, the Commerce Energy and in colleges and universities under part C of title XVIII of the Social Se- Committee, and the Finance Com- throughout the country, in which we curity Act and for prescription drug plans mittee. I was proud of the work we did invested earlier this year through the under part D of such Act; and on that bill, from creating meaningful Energy bill, is accompanied by a strong (2) the regulation of such plans. oil savings targets to making smarter commitment at USDA to bring the re- investments in renewables, improving sulting technologies and methods out By Mr. SALAZAR: vehicle standards, and establishing a to farmers and ranchers. S. 1884. A bill to amend the Farm Se- national goal of producing 25 percent of USDA has a long history of identi- curity and Rural Investment Act of our energy from our farms and fields fying promising new production meth- 2002 to reauthorize and improve agri- by 2025. ods and technologies, refining them, cultural energy programs, and for I am also proud of the energy work and making them available to agricul- other purposes; to the Committee on we are doing on the farm bill in the Ag- tural producers. The Akron Research Agriculture, Nutrition, and Forestry, riculture Committee. Thanks to Chair- Station in Washington County, CO, is a Mr. SALAZAR. Mr. President, today man HARKIN’s leadership, the 2007 farm great example. For 100 years it has con- I am introducing a bill that will help bill will build on the 2002 farm bill’s nected our farmers in eastern Colorado deliver clean energy technologies from first-ever energy title. with the latest practical agricultural the research pipelines of our labs into This is an important step that recog- research available. the hands of our farmers and ranchers, nizes the central role that our farmers USDA can and should be making the so that we can take better advantage and ranchers must play in a new, clean same efforts to disperse the latest and of our farms and fields for clean energy energy economy. We have the most best developments from the renewable production. This bill, called the Har- productive lands and most efficient energy revolution to farmers and vesting Energy Act, will bolster the en- farmers in the world, allowing America ranchers. ergy title of this year’s farm bill, build- to be the breadbasket for the global I want to briefly describe four ways ing on the good ideas that Chairman community. With these resources, tal- in which my bill will bolster USDA’s HARKIN, Ranking Member CHAMBLISS, ent, and ingenuity, there is no doubt capabilities in this area and help make and the rest of us on the Agriculture that we can grow our way to energy the 25x’25 vision a reality. Committee have been working on for independence. First, the Harvesting Energy Act of several months. As I travel through Colorado, the expands and extends Section 9006 of the I am proud that the Harvesting En- possibilities of a clean energy revolu- farm bill, which offers competitive ergy Act reflects the broad-based, bi- tion, driven by farmers and ranchers, grants and loan guarantees to help partisan input of the 25 by ’25 coalition are clear. farmers, ranchers, and rural small which, earlier this year, provided us In Weld County, Logan County, and businesses invest in proven clean en- with their policy recommendations for Yuma County, we are seeing biofuel ergy technologies. My bill adds $280 how we can produce 25 percent of our plants spring to life, creating new mar- million to section 9006, following the energy from renewable resources by kets and new opportunities for our recommendations of the 25x’25 Agri- 2025. The 25 by ’25 vision has been en- rural communities. In 2004, there were culture Energy Alliance. This will dorsed by 22 current and former Gov- no ethanol plants in Colorado. Today, ramp up the loan guarantees for cel- ernors and several State legislatures three plants produce more than 90 mil- lulosic ethanol facilities, encourage community wind and other electric across the country, along with over 500 lion gallons per year, and a fourth power projects, and expand the number organizations and companies, including plant will come on line later this year, adding another 50 million gallons per of eligible applicants for these loans the Big Three automobile manufactur- year. and grants. This is a responsible way to ers, agricultural producers, and envi- But it is not just biofuels. In the San help more farmers become net energy ronmental groups. We established 25 by Luis Valley, where my family has lived producers of on-farm renewable energy. ’25 as a national goal earlier this year for five generations, Xcel Energy just Second, my bill accelerates research, when we passed the Energy bill in the broke ground on the largest solar plant development, demonstration, and de- Senate. We must now implement the in North America. ployment of renewable resources such policies that are necessary to achieve We have added 60 megawatts of wind as biomass, wind, solar, and renewable that goal. capacity in Colorado in the last 2 natural gas. I am proposing that we de- I have spoken many times about the years, and by the end of 2007, we will vote an additional $200 million per year urgency of moving this Nation toward add another 775 megawatts, more than to these efforts, with the specific goals energy independence by making better tripling the State’s production of wind of bringing biomass energy feedstocks use of the resources we have here at power to more than 1,000 megawatts. such as native grasses and short-rota- home. Responsible development of our This is good for households along the tion trees into production; perfecting oil and gas resources, improved effi- Front Range that get clean, affordable our biorefinery and conversion tech- ciency and conservation, and more ag- power, and it is good for the ranchers nologies; refining biofuels from these gressive investment in renewable en- in Prowers County, who own the land biomass feedstocks; and making use of ergy technologies—these are the three on which the turbines sit. the biobased coproducts to add value to pillars upon which we must build an These biofuel plants, wind turbines, the process. economy that is less dependent on for- and solar farms are revitalizing rural Third, if we are to continue to ex- eign oil. communities that have been withering pand biofuels production, we need to I do not need to remind my colon the vine. They are bringing life back ensure that the supply is stable so that leagues of the dangers that oil depend- to main streets that were boarded up we don’t encounter major shortages in ence poses to the United States and to and excitement back to farmers and droughts or in periods of adverse global security. It is oil that empowers ranchers who are eager to be a part of weather. Storing feedstocks like corn, states such as lran, Venezuela, and our clean energy revolution. oilseed crops, and biomass for cel- Syria. It is oil that contributes to vio- The bill I am introducing today will lulosic ethanol will better protect con- lence in Iraq, Nigeria, and the Sudan. help stimulate this revolution by get- sumers from huge price fluctuations or It is oil that places Russia and China in ting more renewable energy tech- shortages. My bill would create a vol- a dangerous competition for oil in Cen- nologies out of the development pipe- untary biofuel feedstock reserve that tral Asia and Africa. line and into the fields, where they be- would encourage farmers to store these This Congress has made remarkable long. feedstocks on-farm and make them progress since January in confronting It is based on the recommendations available for biofuel production when a the daunting task of reducing our de- contained in the 25 by 25 Action Plan price spike or a shortage occurs.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10156 CONGRESSIONAL RECORD — SENATE July 26, 2007 Fourth, the Harvesting Energy Act all prescription drug plans, PDP, pro- plans to specific beneficiaries’ difficul- invests in research and development in vide unfettered access to medically es- ties with accessing the drugs they new production technologies that sential drug therapies. need, but if they are not addressing the promise to yield high energy returns My connection to this issue began concerns raised through the appeals and carbon storage. One of the key in- long before Medicare’s new prescrip- process on a broader scale, problems vestments that this bill makes is in tion drug benefit went into effect. As will only continue to occur. I believe biochar. Biochar is a type of charcoal chairman of the Aging Committee, I we need a system-wide approach to en- produced from biomass that is valuable held a hearing in the spring of 2005 to suring that beneficiaries have access to as a soil amendment. The USDA and explore how well CMS was preparing to the life-saving and life-improving DOE are finding that they can produce transition dual-eligible beneficiaries, medications they need and I believe biochar as a carbon-capturing byprod- those who qualify for both Medicare that solution lies within the legislation uct of cellulosic ethanol production. and Medicaid, into Medicare Part D. At I am filing today. This is good for farmers, who put the that hearing, advocates expressed a The Access to Critical Medications biochar back into the soil as a fer- number of concerns with the imple- Act ACMA would codify, for a 5-year tilizer, good for the environment be- mentation of the new drug benefit, and period, the current policies in CMS ex- cause it reduces carbon emissions, and chief among them was guaranteeing isting ‘‘all or substantially all’’ sub- good for consumers because it could that vulnerable beneficiaries had ac- regulatory guidance. I am hopeful that drive down cellulosic ethanol produc- cess to important drug therapies that providing this statutory authority will tion costs. My bill would provide $50 either stabilized or improved their signal to plans that it is no longer an million in competitive funding for re- health condition. I made a personal re- option to cover all available drugs in search and development grants to quest to then CMS Administrator Dr. the six protected classes. It is a legal scale-up and commercialize biochar Mark McClellan to work with prescrip- requirement that must be adhered to in production systems. Like so much else tion drug plans to ensure that their order to participate in Medicare Part we are doing in the energy title of the formularies provide access to all avail- D. Accordingly, I would expect that farm bill, this would move ideas from able drugs in certain pharmaceutical this change will empower CMS to take the research pipeline out into the field, classes, including those that contain a more proactive role in ensuring that where they need to be. innovative treatments for mental ill- prescription drug plan sponsors are not This bill includes a wide range of ness, epilepsy, cancer and HIV/AIDS. placing arbitrary barriers to accessing other provisions that build on the good The result of that conversation was the these critical medications covered by work that the Agriculture Committee creation of the ‘‘all or substantially the ‘‘all or substantially all’’ policy. is doing on the farm bill. Like the pro- all’’ policy for six protected drug class- During the 5 year period that the ‘‘all visions I have described, they aim to es. CMS initially included this new pol- or substantially all’’ policy will be ef- expand the menu of renewable energy icy as part of the sub-regulatory for- fective, the ACMA directs CMS to es- options we have available as we work mulary guidance it issued to plans in tablish a process through regulation, to reduce our dependence on foreign 2005 and again in 2006. that would allow for this important oil. While I was pleased with CMS pro- policy to be updated and enforced in fu- I again thank Chairman HARKIN and viding this additional protection for ture years. None of us hold the knowl- Senator CHAMBLISS for their leadership the vital drug therapies in the six pro- edge of the pharmaceutical and med- on the Agriculture Committee and for tected classes, its actual impact on ical developments of tomorrow. In a their commitment to creating a robust beneficiaries gaining access to the decade, there could be major break- energy title in this year’s farm bill. I medications they need has been uneven throughs in treating any number of de- firmly believe that with the right in- at best. For one, the policy was issued bilitating illnesses, which may require vestments and a commitment from this as sub-regulatory guidance, which lim- the creation of or modification of phar- Congress, our farmers and ranchers can its CMS’ ability to enforce it. While it maceutical classes covered by this im- help lead us down the path to energy is true that the annual contracts CMS portant policy. CMS needs to have the independence. develops with prescription drug plans authority to update the classes and generally include a requirement that categories it covers and the process the By Mr. SMITH (for himself and they abide by the ‘‘all or substantially ACMA creates will provide them the Mr. KERRY): all’’ guidance, the agency’s record of tools to do that. S. 1887. A bill to amend title XVIII of enforcing the policy has been quite In order to use those tools, the ACMA the Social Security Act in order to en- poor. Instead of plans covering all defines specific, clinically-based cri- sure access to critical medications drugs in the six protected classes, as teria that the Secretary must follow under the Medicare Part D prescription CMS claims plan contracts require, when evaluating whether a drug class drug program; to the Committee on Fi- beneficiaries, often the most frail and should be added or removed from cov- nance. vulnerable, have had extensive access erage under the policy. This will ensure Mr. Smith. Mr. President, today I am problems because their PDPs do not in- that there is consistency in the manner introducing the Access to Critical clude their medication on its for- by which the policy is evaluated in fu- Medications Act ACMA, a bill that will mulary. In fact, data from a study ture years, so that the Secretary is not vastly improve the coverage millions being conducted by the American Psy- arbitrarily determining which medica- of vulnerable Medicare beneficiaries re- chiatric Institute for Research and tions are important enough so that all ceive through the Medicare prescrip- Education, APIRE, released earlier this plans must provide access to them. The tion drug program, known as Part D. year, showed that roughly 68 percent of ACMA also makes modest changes to The new drug benefit has been a tre- surveyed beneficiaries, many of them the appeals process, to ensure that mendous success, providing access to dual eligibles, experienced some sort of plans and CMS resolve beneficiary affordable prescription drug therapies problem accessing the prescription complaints in a timely manner, and to millions of beneficiaries, some for drug they needed because their PDP’s that access to medications is guaran- the very first time. But many of our formulary did not cover it. This would teed while the appeals process runs its most vulnerable seniors, especially suggest that CMS’ current approach to course. those suffering from serious health enforcing the ‘‘all or substantially all’’ The existing ‘‘all or substantially conditions like mental illness, HIV/ policy is woefully lacking. all’’ policy was a step in the right di- AIDS or cancer, often have difficulty I should note that beneficiaries often rection at the time it was created. obtaining the vital drug therapies they are able to access a drug that should be However, as we approach the third year need to remain functional, or in some covered on their plan’s formulary by of Medicare’s prescription drug benefit, cases, to survive. To remedy these filing a coverage appeal. However, that beneficiaries’ actual experience in the problems, the bill I am introducing process is usually long and difficult to program provides overwhelming sup- today will give the Centers for Medi- complete, and results in the problem port that we need a more robust ap- care and Medicaid Services, CMS, the only being solved for one beneficiary. I proach to helping vulnerable bene- regulatory tools it needs to ensure that appreciate the responsiveness of drug ficiaries get the medications they need.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10157 As importantly, CMS must have a reg- the clinical appropriateness of utilizing for- ‘‘(ee) The potential for the development of ulatory process in place that will en- mulary management practices and policies discriminatory formulary policies based on able it to modify the classes covered by with respect to a newly approved drug that is the clinical or functional characteristics of the policy in response to changes in required to be included on the formulary such individuals and the high cost of certain under subclause (I). drugs in a category or class. medical and pharmaceutical science. I ‘‘(iii) UNIQUE DOSAGES AND FORMS.—A PDP ‘‘(ff) The need for access to multiple drugs believe the ACMA clearly addresses sponsor of a prescription drug plan shall in- within a category or class due to the unique both those needs, and I hope my col- clude coverage of all unique dosages and chemical action and pharmacological effects leagues will agree. It is a well thought forms of drugs required to be included on the of drugs within the category or class and any out policy that strikes a careful bal- formulary pursuant to clause (i) or (ii). variation in clinical response based on dif- ance between flexibility and enforce- ‘‘(iv) SUNSET.—The provisions of this sub- ferences in such individuals’ metabolism, ability. Advocacy groups such as the paragraph shall not apply after December 31 age, gender, ethnicity, comorbidities, drug- American Psychiatric Association, the of the year which includes the date that is 5 resistance, and severity of disease. ‘‘(gg) Any applicable revisions that have National Alliance for Mental Illness, years after the date of enactment of the Medicare Access to Critical Medications Act been made to widely-accepted clinical prac- Mental Health America, the AIDS In- of 2007.’’ tice guidelines endorsed by pertinent med- stitute, the HIV Medicine Association (2) REVIEW OF DRUGS COVERED UNDER THE ical specialty organizations. and the Epilepsy Foundation all con- MEDICARE PART D PRESCRIPTION DRUG PRO- ‘‘(III) REMOVAL OF CATEGORIES OR CLASS- tributed to the development of ACMA GRAM.—Section 1860D–4(b)(3) of the Social ES.—In updating the list in order to remove and all now support the finished prod- Security Act (42 U.S.C. 1395w–104(b)(3)), as a drug in a category or class from the list of uct. The Senate likely will consider amended by paragraph (1), is amended— drugs required to be included on the for- Medicare legislation this fall, and I (A) in subparagraph (C)(i), by striking mulary under clause (i), the Secretary may remove a drug from such list in the case have already mentioned to Chairman ‘‘subparagraph (G)’’ and inserting ‘‘subparagraphs (G) and (H)’’; and where the Secretary determines that widely- BAUCUS that I would like to see this (B) by inserting after subparagraph (G) the accepted clinical practice guidelines en- bill advance as part of that effort. following new subparagraph: dorsed by pertinent national medical spe- I ask unanimous consent that the ‘‘(H) REQUIRED INCLUSION OF DRUGS IN CER- cialty organizations indicate that, for sub- text of therbill and letters of support TAIN CATEGORIES AND CLASSES.— stantially all drugs in the category or class, be printed in the RECORD. ‘‘(i) REQUIRED INCLUSION OF DRUGS IN CER- restricting access to such drugs is unlikely There being no objection, the mate- TAIN CATEGORIES AND CLASSES.— to result in adverse clinical consequences for rial was ordered to be printed in the ‘‘(I) IN GENERAL.—Beginning January 1 of individuals with conditions for which the drugs are clinically indicated.’’. RECORD, as follows: the year after the year which includes the date that is 5 years after the date of enact- (b) LIMITATION OF UTILIZATION MANAGE- S. 1887 ment of the Medicare Access to Critical MENT TOOLS FOR DRUGS IN CERTAIN CAT- Be it enacted by the Senate and House of Rep- Medications Act of 2007, PDP sponsors offer- EGORIES AND CLASSES.—Section 1860D–4(c) of resentatives of the United States of America in ing prescription drug plans shall be required the Social Security Act (42 U.S.C. 1395w– Congress assembled, to include all unique dosages and forms of all 104(c)) is amended— SECTION 1. SHORT TITLE. or substantially all drugs in certain cat- (1) in paragraph (1)(A), by striking ‘‘A cost- This Act may be cited as the ‘‘Medicare egories and classes, including the categories effective’’ and inserting ‘‘Subject to para- Access to Critical Medications Act of 2007’’. and classes described in subclauses (I) graph (3), a cost-effective’’; and SEC. 2. FORMULARY REQUIREMENTS WITH RE- through (VI) of subparagraph (G)(i), on the (2) by adding at the end the following new SPECT TO CERTAIN CATEGORIES formulary of such plans within 30 days of the paragraph: AND CLASSES OF DRUGS. drug becoming available. ‘‘(3) LIMITATION OF UTILIZATION MANAGE- (a) REQUIRED INCLUSION OF DRUGS IN CER- ‘‘(II) REGULATIONS.—Not later than Janu- MENT TOOLS FOR DRUGS IN CERTAIN CAT- TAIN CATEGORIES AND CLASSES.— ary 1 of the year after the year which in- EGORIES AND CLASSES.— (1) INITIAL LIST.—Section 1860D–4(b)(3) of cludes the date that is 4 years after the date ‘‘(A) IN GENERAL.—A PDP sponsor of a pre- the Social Security Act (42 U.S.C. 1395w– of enactment of the Medicare Access to Crit- scription drug plan may not apply a utiliza- 104(b)(3)) is amended— ical Medications Act of 2007, the Secretary tion management tool, such as prior author- (A) in subparagraph (C)(i), by striking shall issue regulations to carry out this ization or step therapy, to the following: ‘‘The formulary’’ and inserting ‘‘Subject to clause. ‘‘(i) During the period beginning on the subparagraph (G), the formulary’’; and ‘‘(ii) PERIODIC REVIEW.—The Secretary date of enactment of this paragraph and end- (B) by inserting after subparagraph (F) the shall establish procedures to provide for ing on December 31 of the year which in- following new subparagraph: periodic review of the drugs required to be cludes the date that is 5 years after such ‘‘(G) INITIAL LIST OF REQUIRED DRUGS IN included on the formulary under clause (i). date of enactment— CERTAIN CATEGORIES AND CLASSES.— ‘‘(iii) UPDATING.— ‘‘(I) a drug in a category or class described ‘‘(i) IN GENERAL.—Subject to clause (iv), ‘‘(I) IN GENERAL.—The Secretary may up- in subsection (b)(3)(G)(i)(V); and the formulary must include all or substan- date the list of drugs required to be included ‘‘(II) a drug in a category or class described tially all drugs in the following categories on the formulary under clause (i) if the Sec- in subclause (I), (II), (III), (IV), or (VI) of sub- and classes that are available as of April 30 retary determines, in accordance with this section (b)(3)(G)(i) in the case where an en- of the year prior to the year which includes clause, that updating such list is appro- rollee was engaged in a treatment regimen the date of enactment of the Medicare Ac- priate. using such drug in the 90-day period prior to cess to Critical Medications Act of 2007: ‘‘(II) ADDING CATEGORIES OR CLASSES.—In the date on which such tool would be applied ‘‘(I) Immunosuppressant. issuing the regulations under clause (i) and to the drug with respect to the enrollee ‘‘(II) Antidepressant. updating the list in order to add a drug in a under the plan or the PDP sponsor is unable ‘‘(III) Antipsychotic. category or class to the list of drugs required to determine if the enrollee was engaged in ‘‘(IV) Anticonvulsant. to be included on the formulary under such such a treatment regimen prior to such date. ‘‘(V) Antiretroviral. clause, the Secretary shall consider factors ‘‘(ii) Beginning January 1 of the year after ‘‘(VI) Antineoplastic. that justify requiring coverage of drugs in a the year which includes the date that is 5 ‘‘(ii) NEWLY APPROVED DRUGS.— certain category or class, including the fol- years after the date of enactment of this ‘‘(I) IN GENERAL.—In the case of a drug in lowing: paragraph— any of the categories and classes described in ‘‘(aa) Whether the drugs in a category or ‘‘(I) a drug in a category or class described subclauses (I) through (VI) of clause (i) that class are used to treat a disease or disorder in subsection (b)(3)(G)(i)(V), if such drug is becomes available after the April 30 date de- that can cause significant negative clinical required to be included on the formulary scribed in clause (i), the formulary shall in- outcomes to individuals in a short time- under subsection (b)(3)(H); and clude such drug within 30 days of the drug frame. ‘‘(II) a drug in any other category or class becoming available, except that, in the case ‘‘(bb) Whether there are special or unique required to be included on the formulary of such a drug that becomes available during benefits with respect to the majority of under subsection (b)(3)(H) in the case where the period beginning on such April 30 and drugs in a given category or class. an enrollee was engaged in a treatment regi- ending on the date of enactment of the Medi- ‘‘(cc) High predicted drug and medical men using such drug in the 90-day period care Access to Critical Medications Act of costs for the diseases or disorders treated by prior to the date on which such tool would be 2007, the formulary shall include such drug the drugs in a given category or class. applied to the drug with respect to the en- within 30 days of such date of enactment. ‘‘(dd) Whether restricted access to the rollee under the plan or the PDP sponsor is ‘‘(II) USE OF FORMULARY MANAGEMENT drugs in the category or class has major clin- unable to determine if the enrollee was en- PRACTICES AND POLICIES.—Nothing in this ical consequences for individuals enrolled in gaged in such a treatment regimen prior to clause shall be construed as preventing the a prescription drug plan who have a disease such date Pharmacy and Therapeutic Committee of a or disorder treated by the drugs in such cat- ‘‘(B) STATEMENT OF EVIDENCE BASE FOR AP- PDP sponsor from advising such sponsor on egory or class. PLICATION OF UTILIZATION MANAGEMENT

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10158 CONGRESSIONAL RECORD — SENATE July 26, 2007

TOOL.—In the case where a utilization man- such subsection at any time after such deter- reliable access through Medicare Part D to agement tool is applied to a drug in a cat- mination by requesting a reconsideration by the prescriptions that they need to stay egory or class required to be included on a an Independent Review Entity. healthy. plan formulary under subparagraph (G) or ‘‘(B) DEFINITION OF INDEPENDENT REVIEW The Medicare Access to Critical Medica- (H) of subsection (b)(3), the PDP sponsor of ENTITY.—In this paragraph, the term ‘Inde- tions Act will strengthen protections for such plan shall provide a statement of the pendent Review Entity’ has the meaning these medically vulnerable populations by evidence base substantiating the clinical ap- given such term in subsection (g)(3)(B).’’. codifying the requirement that Medicare propriateness of the application of such (c) EFFECTIVE DATE.—The amendments Part D plans cover ‘‘all or substantially all’’ tool.’’. made by this section shall apply to contract drugs in the six classes of drugs that are crit- (c) RULE OF CONSTRUCTION.—Nothing in the years beginning on or after January 1, 2008. ical to treating HIV/AIDS, mental illnesses, provisions of this section, or the amend- SEC. 4. DATA REPORTING REQUIREMENTS FOR cancer, epilepsy, autoimmune diseases such ments made by this section, shall be con- CERTAIN CATEGORIES AND CLASSES as Crohn’s, and transplant patients. As you strued as prohibiting the Secretary of Health OF DRUGS UNDER THE MEDICARE may know, coverage of nearly all of the and Human Services from issuing guidance PART D PRESCRIPTION DRUG PRO- drugs in these categories is standard practice or regulations to establish formulary or uti- GRAM. among state Medicaid programs and private lization management requirements under (a) IN GENERAL.—Section 1860D–4 of the So- insurers because it is more cost effective and section 1860D–4 of the Social Security Act (42 cial Security Act (42 U.S.C. 1395w–104) is better for people with these conditions when U.S.C. 1395w–104) as long as they do not con- amended by adding at the end the following clinicians have the flexibility to prescribe flict with such provisions and amendments. new subsection the drug or drugs most appropriate to man- (d) EFFECTIVE DATE.—The amendments ‘‘(l) DATA REPORTING FOR CERTAIN CAT- age the condition according to factors made by this section shall apply to contract EGORIES AND CLASSES OF DRUGS.— unique to them. years beginning on or after January 1, 2008. ‘‘(1) IN GENERAL.—A PDP sponsor offering a Passage of this bill is important because SEC. 3. APPEALS REQUIREMENTS FOR CERTAIN prescription drug plan shall disclose to the the current protections for these drug class- CATEGORIES AND CLASSES OF Secretary (in a manner specified by the Sec- es offered in Centers for Medicare and Med- DRUGS. retary) data at the plan level on the number icaid (CMS) guidance are not guaranteed be- (a) COVERAGE DETERMINATIONS AND RECON- of— yond this year and are being ignored by drug SIDERATION.—Section 1860D–4(g) of the Social ‘‘(A) favorable and adverse decisions made plans with no risk of sanctions. Surveys of Security Act (42 U.S.C. 1395w–104(g)) is with respect to exceptions requested to for- HIV and mental health medical providers in- amended by adding at the end the following mulary policies— dicate that Medicare beneficiaries with these new paragraph: ‘‘(i) during the period beginning on the conditions have been hospitalized or experi- ‘‘(3) REQUEST FOR A DETERMINATION OR RE- date of enactment of this subsection and enced dangerous treatment interruptions due CONSIDERATION FOR THE TREATMENT OF DRUGS ending on December 31 of the year which in- to challenges with Medicare Part D cov- IN CERTAIN CATEGORIES AND CLASSES.— cludes the date that is 5 years after such erage, including burdensome prior authoriza- ‘‘(A) IN GENERAL.—In the case where an in- date of enactment, for each of the categories tion processes. Many of the beneficiaries re- dividual enrolled in a prescription drug plan and classes of drugs described in subclauses porting problems are very low-income and disputes a utilization management require- (I) through (VI) of subsection (b)(3)(G)(i); and live on Supplemental Security Income (SSI) ment, an adverse coverage determination, a ‘‘(ii) beginning January 1 of the year after checks or modest disability payments. Pay- reconsideration by a PDP sponsor of a pre- the year which includes the date that is 5 ing out of pocket for drugs denied by Medi- scription drug plan, or an adverse reconsider- years after such date of enactment, for each care Part D drug plans is not an option for ation by an Independent Review Entity with of the categories and classes of drugs re- most. respect to a covered part D drug in the cat- quired to be included on the formulary under On behalf of Medicare beneficiaries with egories and classes required to be included the regulations issued under subsection these life-threatening illnesses, thank you on the formulary under subparagraph (G) of (b)(3)(H); for your leadership in working to ensure ac- subsection (b)(3) or under the regulations ‘‘(B) favorable and adverse coverage deter- cess to critical medications through Medi- issued under subparagraph (H) of such sub- minations made with respect to each of such care Part D by requiring drug plans to cover section, the PDP sponsor shall continue to categories and classes during the applicable ‘‘all or substantially all’’ of the drugs avail- cover such prescription drug until the date period; able to treat these serious, but treatable that is not less that 60 days after the latest ‘‘(C) favorable and adverse reconsider- conditions. of the following has occurred: ations made by a PDP sponsor with respect ‘‘(i) The enrollee has received written no- to each of such categories and classes during AMERICAN PSYCHIATRIC ASSOCIATION, tice of an adverse reconsideration by a PDP the applicable period; Arlington, VA, July 24, 2007. sponsor. ‘‘(D) favorable and adverse reconsider- Hon. GORDON SMITH, ‘‘(ii) In the case where an enrollee has re- ations made by an Independent Review Enti- U.S. Senate, 404 Russell Senate Office Building, quested reconsideration by an Independent ty (as defined in subsection (g)(3)(B)) with re- Washington, DC. Review Entity, such Entity has issued an ad- spect to each of such categories and classes DEAR SENATOR SMITH: I am writing on be- verse reconsideration. during the applicable period; and half of the American Psychiatric Association ‘‘(iii) In the case where an appeal of such ‘‘(E) appeals made to an administrative (AP A), the medical specialty representing adverse reconsideration has been filed by the law judge and the decisions made on such ap- more than 38,000 psychiatric physicians na- individual, an administrative law judge has peals with respect to each of such categories tionwide, to express our strong support for decided or dismissed the appeal. and classes during the applicable period. your Medicare Access to Critical Medica- ‘‘(B) DEFINITION OF INDEPENDENT REVIEW ‘‘(2) ANNUAL REPORT.—The Secretary tions Act of 2007. ENTITY.—In this paragraph, the term ‘Inde- shall— This bill will provide crucial protections in pendent Review Entity’ means the inde- ‘‘(A) submit an annual report to Congress the Medicare Part D program for six classes pendent, outside entity the Secretary con- containing the data disclosed to the Sec- of life-saving medications. Part D drug plans tracts with under section 1852(g)(4), includ- retary under paragraph (1); and will be required to place substantially all ing such an entity that the Secretary con- ‘‘(B) publish such report in the Federal anticancer, HIV/AIDS, and immunosup- tracts with in order to meet the require- Register.’’. pressant medications on their formularies, ments of such section under section 1860D– (b) EFFECTIVE DATE.—The amendment as well as drugs that are important to people 4(h)(1).’’. made by subsection (a) shall apply to con- with severe mental illnesses— (b) APPEALS.—Section 1860D–4(h) of the So- tract years beginning on or after January 1, antipsychotics, antidepressants, and cial Security Act (42 U.S.C. 1395w–104(h)) is 2008. anticonvulsants. In addition, when a drug amended— plan and a patient’s physician disagree about (1) in paragraph (2), by striking ‘‘A part D’’ ACCESS TO CRITICAL MEDICATIONS whether a critical medication is needed, and inserting ‘‘Subject to paragraph (4), a COALITION, your legislation will require that the medi- part D’’; and July 20, 2007. cation be covered until the appeals process (2) by adding at the end the following new Hon. GORDON SMITH, can be completed. paragraph: 404 Russell Office Building, Unfortunately, data from the first year of ‘‘(4) TREATMENT OF APPEALS FOR DRUGS IN Washington, DC. the Part D program point to the need for ad- CERTAIN CATEGORIES AND CLASSES.— DEAR SENATOR SMITH: We are writing on ditional protections for patients with serious ‘‘(A) IN GENERAL.—A part D eligible indi- behalf of the Access to Critical Medications diseases. In 2006, an American Psychiatric vidual who is enrolled in a prescription drug Coalition to offer our strong support for your Institute for Research and Education plan offered by a PDP sponsor may appeal Medicare Access to Critical Medications Act. (APIRE) study tracked 1,193 dually-eligible under paragraph (1) a determination by such The Coalition represents a diverse group of Medicare/Medicaid psychiatric patients and sponsor not to provide coverage of a covered national and community-based patient, profound that 53.4 percent experienced at least part D drug in a category or class required to vider and advocacy organizations dedicated one problem with medication access or con- be included on the formulary under subpara- to ensuring that Medicare beneficiaries with tinuity. Among these patients, 19.8 percent graph (G) of subsection (b)(3) or under the HIV/AIDS, mental illnesses, epilepsy, cancer, had a subsequent emergency room visit re- regulations issued under subparagraph (H) of organ failure, and autoimmune diseases have ported, and 11 percent had a hospitalization.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10159 Furthermore, the study found that the most Arctic and Antarctic. They conduct There being no objection, the text of common medication classes with coverage vital research on the oceans and cli- the bill was ordered to be printed in problems included atypical antipsychotics, mate, resupply U.S. outposts in Ant- the RECORD, as follows: antidepressants, and anticonvulsants (West, arctica, and provide one of our Nation’s Wilk, Muszynski et al, American Journal of S. 1892 Psychiatry, 164:5 May 2007). only platforms for carrying out secu- Be it enacted by the Senate and House of Rep- Clearly, Part D patients will receive better rity and rescue missions in some of the resentatives of the United States of America in care, and the Medicare program as a whole world’s most rapidly changing environ- Congress assembled, will save money, if access to important ments. SECTION 1. SHORT TITLE. medications can be improved. Your legisla- Currently, the United States’ This Act may be cited as the ‘‘Coast Guard tion will create new statutory protections icebreaking capabilities lie with the Authorization Act for Fiscal Year 2008’’. that will address a number of the most seri- Coast Guard’s three vessels: the SEC. 2. TABLE OF CONTENTS. ous barriers. The table of contents for this Act is as fol- We greatly appreciate your leadership— HEALY; the Polar Sea; and the Polar lows: and the hard work of your staff Matthew Star. But the fleet is aging rapidly and Sec. 1. Short title. Canedy and Catherine Finley—in addressing requires extensive maintenance. In Sec. 2. Table of contents. this serious problem. fact, the Polar Star is currently not Sincerely, even operational because the Coast TITLE I—AUTHORIZATIONS CAROLYN B. ROBINOWITZ, M.D., Guard lacks the resources required to Sec. 101. Authorization of appropriations. President. maintain this vessel. Sec. 102. Authorized levels of military strength and training. By Ms. CANTWELL (for herself, With increased climate change, the Sec. 103. Web-based risk management data role of icebreakers is changing. With Ms. SNOWE, Mr. INOUYE, Mr. system. an ice-free Arctic summer expected by STEVENS, Mr. LAUTENBERG, and TITLE II—ORGANIZATION 2050, more and more international ex- Mr. LOTT): Sec. 201. Vice commandant; vice admirals. S. 1892. A bill to reauthorize the peditions will be headed to the region Sec. 202. Merchant Mariner Medical Advi- Coast Guard for fiscal year 2008, and for to examine newly revealed oil and gas sory Committee. other purposes; to the Committee on reserves and other natural resources. Sec. 203. Authority to distribute funds Canada, Russia and other countries through grants, cooperative Commerce, Science, and Transpor- agreements, and contracts to tation. will begin to compete with America over jurisdiction and, without a strong maritime authorities and orga- Ms. CANTWELL. Mr. President, I nizations. rise today to introduce the Coast polar icebreaker fleet, our Nation will Sec. 204. Assistance to foreign governments Guard Authorization Act for the fiscal suffer a severe disadvantage. and maritime authorities. year 2008 along with Senators SNOWE, A recent 2007 report by the National TITLE III—PERSONNEL INOUYE, STEVENS, LAUTENBERG, and Academy of Sciences found that the Sec. 301. Emergency leave retention author- LOTT. This comprehensive legislation U.S. needs to maintain polar ity. will provide the Coast Guard with icebreaking capacity and construct at Sec. 302. Legal assistance for Coast Guard needed resources to carry out missions least two new polar icebreakers. This reservists. critical to our Nation’s security, envi- bill follows those recommendations. Sec. 303. Reimbursement for certain med- This bill includes many provisions of ical-related travel expenses. ronmental protection, and fisheries en- Sec. 304. Number and distribution of com- forcement. the Oil Pollution Prevention and Re- missioned officers on the active The U.S. Coast Guard plays a critical sponse Act of 2007, which I introduced duty promotion list. role in keeping our oceans, coasts, and on June 14, 2007. These provisions are Sec. 305. Reserve commissioned warrant of- waterways safe, secure, and free from vital for the environmental protection ficer to lieutenant program. environmental harm. After September of our Nation’s oceans and coasts. For Sec. 306. Enhanced status quo officer pro- 11 and Hurricane Katrina, the Coast example, this bill would require im- motion system. Sec. 307. Appointment of civilian Coast Guard has been a source of strength. As proved coordination with federally-recognized tribes on oil spill prevention, Guard judges. marine traffic grows, the number of se- Sec. 308. Coast Guard Participation in the curity threats in our ports increases. preparedness, and response. It would Armed Forces Retirement Climate change is raising the stakes of also address oil spills resulting from Home (AFRH) System. another Katrina happening. the transfer of oil to or from vessels, TITLE IV—ADMINISTRATION The Coast Guard faces many chal- spills resulting from human error, and Sec. 401. Cooperative Agreements for Indus- lenges, and those serving in the Coast small oil spills that are an all-too-com- trial Activities. Guard routinely serve with discipline mon occurrence in many of our water- Sec. 402. Defining Coast Guard vessels and and courage. From saving lives during ways. aircraft. natural disasters like Hurricanes For my home State of Washington, it Sec. 403. Specialized industrial facilities. Katrina and Rita, to protecting our provides a mechanism for year-round Sec. 404. Authority to construct Coast Guard recreational facilities. shores in a post-9/11 world, the Coast funding of the Neah Bay response tug, Guard has served America well, and a key element of the oil spill preven- TITLE V—SHIPPING AND NAVIGATION continues to serve us every day. tion safety net for Washington State’s Sec. 501. Technical amendments to chapter Each year, maritime smugglers Olympic Coast. It would also increase 313 of title 46, United States oil spill preparedness in the Strait of Code. transport thousands of aliens to the Sec. 502. Clarification of rulemaking author- U.S. with virtual impunity because the Juan de Fuca by changing the defini- ity. existing law does not sufficiently pun- tion of ‘‘High Volume Port Line’’ so as Sec. 503. Coast Guard to maintain LORAN-C ish or deter such conduct. During fiscal to deliver better incident response navigation system. years 2004 and 2005, over 840 mariners throughout Puget Sound. Sec. 504. Nantucket Sound ship channel made $13.9 million smuggling people The Coast Guard is responsible for weather buoy. into the U.S. illegally. Less than 3 per- ensuring our country’s security, ma- Sec. 505. Limitation on maritime liens on cent of those who were interdicted rine safety and protecting our environ- fishing permits. Sec. 506. Vessel rebuild determinations. were referred for prosecution. ment and fisheries. Every day the This bill gives the Coast Guard the Coast Guard carries out these missions TITLE VI—MARITIME LAW ENFORCEMENT authority it needs to prosecute mari- and does so with limited resources. It Sec. 601. Maritime law enforcement. ners who intentionally smuggle aliens is our job to ensure the Coast Guard on board their vessels with a reckless has the tools it requires to continue TITLE VII—OIL POLLUTION PREVENTION disregard of our laws. It also provides getting the job done. This bill will go a Sec. 701. Rulemakings. protection for legitimate mariners who long way towards that goal. I urge my Sec. 702. Oil spill response capability. colleagues to consider this legislation. Sec. 703. Oil transfers from vessels. encounter stowaways or those who may Sec. 704. Improvements to reduce human need medical attention. I ask unanimous consent that the error and near-miss incidents. Our Nation relies heavily on polar text of the bill be printed in the Sec. 705. Olympic Coast National Marine icebreakers to conduct missions in the RECORD. Sanctuary.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0655 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10160 CONGRESSIONAL RECORD — SENATE July 26, 2007 Sec. 706. Prevention of small oil spills. the Oil Spill Liability Trust Fund to carry ‘‘(B) shall perform such duties as the Com- Sec. 707. Improved coordination with tribal out the purposes of section 1012(a)(5) of the mandant may prescribe. governments. Oil Pollution Act of 1990. ‘‘(2) The President may appoint, by and Sec. 708. Report on the availability of tech- (2) For the acquisition, construction, ren- with the advice and consent of the Senate, nology to detect the loss of oil. ovation, and improvement of aids to naviga- and reappoint, by and with the advice and Sec. 709. Use of oil spill liability trust fund. tion, shore and offshore facilities, vessels, consent of the Senate, to any such position Sec. 710. International efforts on enforce- and aircraft, including equipment related an officer of the Coast Guard who is serving ment. thereto, $998,068,000, of which $20,000,000 shall on active duty above the grade of captain. Sec. 711. Grant project for development of be derived from the Oil Spill Liability Trust The Commandant shall make recommenda- cost-effective detection tech- Fund to carry out the purposes of section tions for such appointments. nologies. 1012(a)(5) of the Oil Pollution Act of 1990, to ‘‘(b)(1) The appointment and the grade of Sec. 712. Higher volume port area regulatory remain available until expended; such funds vice admiral shall be effective on the date definition change. appropriated for personnel compensation and the officer assumes that duty and, except as provided in paragraph (2) of this subsection Sec. 713. Response tugs. benefits and related costs of acquisition, or in section 51(d) of this title, shall termi- Sec. 714. Tug escorts for laden oil tankers. construction, and improvements shall be nate on the date the officer is detached from Sec. 715. Extension of financial responsi- available for procurement of services nec- bility. that duty. essary to carry out the Integrated Deepwater ‘‘(2) An officer who is appointed to a posi- Sec. 716. Vessel traffic risk assessments. Systems program. tion designated under subsection (a) shall Sec. 717. Oil spill liability trust fund invest- (3) For retired pay (including the payment continue to hold the grade of vice admiral— ment amount. of obligations otherwise chargeable to lapsed ‘‘(A) while under orders transferring the of- Sec. 718. Liability for use of unsafe single- appropriations for this purpose), payments ficer to another position designated under hull vessels. under the Retired Serviceman’s Family Pro- subsection (a), beginning on the date the of- TITLE VIII—MARITIME HAZARDOUS tection and Survivor Benefit Plans, and pay- ficer is detached from that duty and termi- CARGO SECURITY ments for medical care of retired personnel nating on the date before the day the officer Sec. 801. International committee for the and their dependents under chapter 55 of assumes the subsequent duty, but not for safe and secure transportation title 10, United States Code, $1,184,720,000. more than 60 days; of especially hazardous cargo. (4) For environmental compliance and res- ‘‘(B) while hospitalized, beginning on the Sec. 802. Validation of compliance with toration functions under chapter 19 of title day of the hospitalization and ending on the ISPFC standards. 14, United States Code, $12,079,000. day the officer is discharged from the hos- Sec. 803. Safety and security assistance for (5) For research, development, test, and pital, but not for more than 180 days; and foreign ports. evaluation programs related to maritime ‘‘(C) while awaiting retirement, beginning Sec. 804. Coast Guard port assistance pro- technology, $17,583,000. on the date the officer is detached from duty gram. (6) For operation and maintenance of the and ending on the day before the officer’s re- Sec. 805. EHC facility risk-based cost shar- Coast Guard reserve program, $126,883,000. tirement, but not for more than 60 days. ing. (7) For the construction of a new Chelsea ‘‘(c)(1) An appointment of an officer under Sec. 806. Transportation security incident Street Bridge in Chelsea, Massachusetts, subsection (a) does not vacate the permanent mitigation plan. $3,000,000. grade held by the officer. Sec. 807. Incident command system training. SEC. 102. AUTHORIZED LEVELS OF MILITARY ‘‘(2) An officer serving in a grade above Sec. 808. Pre-positioning interoperable com- STRENGTH AND TRAINING. rear admiral who holds the permanent grade munications equipment at (a) ACTIVE DUTY STRENGTH.—The Coast of rear admiral (lower half) shall be consid- interagency operational cen- Guard is authorized an end-of-year strength ered for promotion to the permanent grade ters. of active duty personnel of 45,500 as of Sep- of rear admiral as if the officer was serving Sec. 809. Definitions. tember 30, 2008. in the officer’s permanent grade. ‘‘(d) Whenever a vacancy occurs in a posi- TITLE IX—MISCELLANEOUS PROVISIONS (b) MILITARY TRAINING STUDENT LOADS.— For fiscal year 2008, the Coast Guard is au- tion designated under subsection (a), the Sec. 901. Marine mammals and sea turtles thorized average military training student Commandant shall inform the President of report. loads as follows: the qualifications needed by an officer serv- Sec. 902. Umpqua lighthouse land convey- (1) For recruit and special training, 2,500 ing in that position or office to carry out ef- ance. student years. fectively the duties and responsibilities of Sec. 903. Lands to be held in trust. (2) For flight training, 165 student years. that position or office.’’. Sec. 904. Data. (3) For professional training in military (c) REPEAL.—Section 50a of such title is re- Sec. 905. Extension. and civilian institutions, 350 student years. pealed. Sec. 906. Forward operating facility. (d) CONFORMING AMENDMENTS.—Section 51 (4) For officer acquisition, 1,200 student Sec. 907. Enclosed hangar at Air Station of such title is amended— years. Barbers Point, Hawaii. (1) by striking subsections (a), (b), and (c) Sec. 908. Conveyance of decommissioned SEC. 103. WEB-BASED RISK MANAGEMENT DATA and inserting the following: SYSTEM. Coast Guard Cutter STORIS. ‘‘(a) An officer, other than the Com- (a) IN GENERAL.—There are authorized to Sec. 909. Conveyance of the Presque Isle mandant, who, while serving in the grade of be appropriated $1,000,000 for each of fiscal Light Station Fresnel Lens to admiral or vice admiral, is retired for phys- years 2008 and 2009 to the Secretary of the Presque Isle Township, Michi- ical disability shall be placed on the retired department in which the Coast Guard is op- gan. list with the highest grade in which that of- erating to continue deployment of a World Sec. 910. Repeals. ficer served. Wide Web-based risk management system to Sec. 911. Report on ship traffic. ‘‘(b) An officer, other than the Com- help reduce accidents and fatalities. Sec. 912. Small vessel exception from defini- mandant, who is retired while serving in the (b) IMPLEMENTATION STATUS REPORT.— tion of fish processing vessel. grade of admiral or vice admiral, or who, Within 90 days after the date of enactment of 1 Sec. 913. Right of first refusal for Coast after serving at least 2 ⁄2 years in the grade this Act, the Commandant of the Coast Guard property on Jupiter Is- of admiral or vice admiral, is retired while Guard shall submit a report to the Senate land, Florida. serving in a lower grade, may in the discre- Committee on Commerce, Science, and Sec. 914. Ship disposal working group. tion of the President, be retired with the Transportation on the status of implementa- Sec. 915. Full multi-mission response sta- highest grade in which that officer served. tion of the system. ‘‘(c) An officer, other than the Com- tion in Valdez, Alaska. mandant, who, after serving less than 21⁄2 Sec. 916. Protection and fair treatment of TITLE II—ORGANIZATION years in the grade of admiral or vice admi- seafarers. SEC. 201. VICE COMMANDANT; VICE ADMIRALS. ral, is retired while serving in a lower grade, Sec. 917. Icebreakers. (a) VICE COMMANDANT.—The fourth sen- shall be retired in his permanent grade.’’; Sec. 918. Fur Seal Act authorization. tence of section 47 of title 14, United States and Sec. 919. Study of relocation of Coast Guard Code, is amended by striking ‘‘vice admiral’’ (2) by striking ‘‘Area Commander, or Chief Sector Buffalo facilities. and inserting ‘‘admiral’’. of Staff’’ in subsection (d)(2) and inserting Sec. 920. Inspector General report on Coast (b) VICE ADMIRALS.—Section 50 of such ‘‘or Vice Admiral’’. Guard dive program. title is amended to read as follows: (e) CLERICAL AMENDMENTS.— TITLE I—AUTHORIZATIONS ‘‘§ 50. Vice admirals (1) The section caption for section 47 of SEC. 101. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a)(1) The President may designate no such title is amended to read as follows: Funds are authorized to be appropriated more than 4 positions of importance and re- ‘‘§ 47. Vice commandant; appointment’’. for necessary expenses of the Coast Guard for sponsibility that shall be held by officers (2) The chapter analysis for chapter 3 of fiscal year 2008 as follows: who— such title is amended— (1) For the operation and maintenance of ‘‘(A) while so serving, shall have the grade (A) by striking the item relating to section the Coast Guard, $5,894,295,000, of which of vice admiral, with the pay and allowances 47 and inserting the following: $24,500,000 is authorized to be derived from of that grade; and ‘‘47. Vice Commandant; appointment’’;

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(B) by striking the item relating to section (b) CLERICAL AMENDMENT.—The analysis when it is not operating as a service of the 50a; and for chapter 3 of such title is amended by add- Navy,’’. (C) by striking the item relating to section ing at the end the following: SEC. 303. REIMBURSEMENT FOR CERTAIN MED- 50 and inserting the following: ‘‘55. Merchant Mariner Medical Advisory ICAL-RELATED TRAVEL EXPENSES. ‘‘50. Vice admirals’’. Committee.’’. (f) TECHNICAL CORRECTION.—Section 47 of SEC. 203. AUTHORITY TO DISTRIBUTE FUNDS Section 1074i(a) of title 10, United States such title is further amended by striking THROUGH GRANTS, COOPERATIVE Code, is amended— ‘‘subsection’’ in the fifth sentence and in- AGREEMENTS, AND CONTRACTS TO (1) by striking ‘‘IN GENERAL.—In’’ and inserting ‘‘section’’. MARITIME AUTHORITIES AND ORGA- serting ‘‘IN GENERAL.—(1) In’’; and SEC. 202. MERCHANT MARINER MEDICAL ADVI- NIZATIONS. (2) by adding at the end the following: SORY COMMITTEE. Section 149 of title 14, United States Code, ‘‘(2) In any case in which a covered bene- (a) IN GENERAL.—Chapter 3 of title 14, is amended by adding at the end the fol- ficiary resides on an INCONUS island that United States Code, is amended by adding at lowing: lacks public access roads to the mainland the end the following new section: ‘‘(c) GRANTS TO INTERNATIONAL MARITIME and is referred by a primary care physician ‘‘§ 55. Merchant Mariner Medical Advisory ORGANIZATIONS.—The Commandant may, to a specialty care provider on the mainland Committee after consultation with the Secretary of who provides services less than 100 miles ‘‘(a) ESTABLISHMENT; MEMBERSHIP; STA- State, make grants to, or enter into coopera- from the location in which the beneficiary TUS.— tive agreements, contracts, or other agree- resides, the Secretary shall reimburse the ‘‘(1) There is established a Merchant Mar- ments with, international maritime organi- reasonable travel expenses of the covered iner Medical Advisory Committee. zations for the purpose of acquiring informa- beneficiary, and, when accompaniment by an ‘‘(2) The Committee shall consist of 12 tion or data about merchant vessel inspec- adult is necessary, for a parent or guardian members, none of whom shall be a Federal tions, security, safety and environmental re- of the covered beneficiary or another mem- employee— quirements, classification, and port state or ber of the covered beneficiary’s family who ‘‘(A) 10 of whom shall be health-care pro- flag state law enforcement or oversight.’’. is at least 21 years of age.’’. fessionals with particular expertise, knowl- SEC. 204. ASSISTANCE TO FOREIGN GOVERN- edge, or experience regarding the medical ex- MENTS AND MARITIME AUTHORI- SEC. 304. NUMBER AND DISTRIBUTION OF COM- aminations of merchant mariners or occupa- TIES. MISSIONED OFFICERS ON THE AC- TIVE DUTY PROMOTION LIST. tional medicine; and Section 149 of title 14, United States Code, ‘‘(B) 2 of whom shall be professional mari- is amended by adding at the end the fol- (a) IN GENERAL.—Section 42 of title 14, ners with knowledge and experience in mar- lowing: United States Code, is amended— iner occupational requirements. ‘‘(d) AUTHORIZED ACTIVITIES.— (1) by striking subsections (a), (b), and (c) ‘‘(3) Members of the Committee shall not ‘‘(1) The Commandant may transfer or ex- and inserting the following: be considered Federal employees or other- pend funds from any appropriation available ‘‘(a) The total number of Coast Guard com- wise in the service or the employment of the to the Coast Guard for— missioned officers on the active duty pro- Federal Government, except that members ‘‘(A) the activities of traveling contact motion list, excluding warrant officers, shall shall be considered special Government em- teams, including any transportation expense, not exceed 6,700. This total number may be ployees, as defined in section 202(a) of title 18 translation services expense, or administra- temporarily increased up to 2 percent for no and any administrative standards of conduct tive expense that is related to such activi- more than the 60 days that follow the com- applicable to the employees of the depart- ties; missioning of a Coast Guard Academy class. ‘‘(B) the activities of maritime authority ment in which the Coast Guard is operating. ‘‘(b) The total number of commissioned of- ‘‘(b) APPOINTMENTS; TERMS; VACANCIES; OR- liaison teams of foreign governments mak- ficers authorized by this section shall be dis- GANIZATION.— ing reciprocal visits to Coast Guard units, ‘‘(1) The Secretary shall appoint the mem- including any transportation expense, trans- tributed in grade not to exceed the following bers of the Committee, and each member lation services expense, or administrative percentages: shall serve at the pleasure of the Secretary. expense that is related to such activities; ‘‘(1) 0.375 percent for rear admiral. ‘‘(2) The members shall be appointed for a ‘‘(C) seminars and conferences involving ‘‘(2) 0.375 percent for rear admiral (lower term of 3 years, except that, of the members members of maritime authorities of foreign half). first appointed, 3 members shall be ap- governments; ‘‘(3) 6.0 percent for captain. pointed for a term of 2 years and 3 members ‘‘(D) distribution of publications pertinent ‘‘(4) 15.0 percent for commander. shall be appointed for a term of 1 year. to engagement with maritime authorities of ‘‘(5) 22.0 percent for lieutenant commander. ‘‘(3) Any member appointed to fill the va- foreign governments; and The Secretary shall prescribe the percent- cancy prior to the expiration of the term for ‘‘(E) personnel expenses for Coast Guard ci- ages applicable to the grades of lieutenant, which such member’s predecessor was ap- vilian and military personnel to the extent lieutenant (junior grade), and ensign. The pointed shall be appointed for the remainder that those expenses relate to participation in Secretary may, as the needs of the Coast of such term. an activity described in subparagraph (C) or Guard require, reduce any of the percentages ‘‘(4) The Secretary shall designate 1 mem- (D). set forth in paragraphs (1) through (5) and ber as the Chairman and 1 member as the ‘‘(2) An activity may not be conducted apply that total percentage reduction to any Vice Chairman. The Vice Chairman shall act under this subsection with a foreign country other lower grade or combination of lower as Chairman in the absence or incapacity of, unless the Secretary of State approves the grades. or in the event of a vacancy in the office of, conduct of such activity in that foreign ‘‘(c) The Secretary shall, at least once a the Chairman. country.’’. year, compute the total number of commis- ‘‘(5) No later than 6 months after the date TITLE III—PERSONNEL sioned officers authorized to serve in each of enactment of the Coast Guard Authoriza- SEC. 301. EMERGENCY LEAVE RETENTION AU- grade by applying the grade distribution per- tion Act for Fiscal Year 2008, the Committee THORITY. centages of this section to the total number shall hold its first meeting. Section 701(f)(2) of title 10, United States of commissioned officers listed on the cur- ‘‘(c) FUNCTION.—The Committee shall ad- Code, is amended by inserting ‘‘or a declara- rent active duty promotion list. In making vise the Secretary on matters relating to— tion of a major disaster or emergency by the such calculations, any fraction shall be ‘‘(1) medical certification determinations President under the Robert T. Stafford Dis- rounded to the nearest whole number. The for issuance of merchant mariner creden- aster Relief and Emergency Assistance Act number of commissioned officers on the ac- tials; (Public Law 93-288, 42 U.S.C. 5121 et seq.)’’ tive duty promotion list serving with other ‘‘(2) medical standards and guidelines for after ‘‘operation’’. departments or agencies on a reimbursable the physical qualifications of operators of basis or excluded under the provisions of sec- commercial vessels; SEC. 302. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS. tion 324(d) of title 49, shall not be counted ‘‘(3) medical examiner education; and against the total number of commissioned ‘‘(4) medical research. Section 1044(a)(4) of title 10, United States Code, is amended— officers authorized to serve in each grade.’’; ‘‘(d) COMPENSATION; REIMBURSEMENT.— (2) by striking subsection (e) and inserting Members of the Committee shall serve with- (1) by striking ‘‘(as determined by the Sec- the following: out compensation, except that, while en- retary of Defense),’’ and inserting ‘‘(as deter- gaged in the performance of duties away mined by the Secretary of Defense and the ‘‘(e) The number of officers authorized to from their homes or regular places of busi- Secretary of the department in which the be serving on active duty in each grade of ness of the member, the member of the Com- Coast Guard is operating, with respect to the the permanent commissioned teaching staff mittee may be allowed travel expenses, in- Coast Guard when it is not operating as a of the Coast Guard Academy and of the Re- cluding per diem in lieu of subsistence, as service of the Navy),’’; and serve serving in connection with organizing, authorized by section 5703 of title 5. (2) by striking ‘‘prescribed by the Sec- administering, recruiting, instructing, or ‘‘(e) STAFF; SERVICES.—The Secretary shall retary of Defense,’’ and inserting ‘‘prescribed training the reserve components shall be pre- furnish to the Committee such personnel and by Secretary of Defense and the Secretary of scribed by the Secretary.’’; and services as are considered necessary for the the department in which the Coast Guard is (3) by striking the caption of such section conduct of its business.’’. operating, with respect to the Coast Guard and inserting the following:

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SPECIALIZED INDUSTRIAL FACILITIES. ed by striking the item relating to section 42 ARMED FORCES RETIREMENT HOME (a) IN GENERAL.—Section 648 of title 14, SYSTEM. and inserting the following: United States Code, is amended— (a) ELIGIBILITY UNDER THE ARMED FORCES ‘‘42. Number and distribution of commis- (1) by striking the section caption and in- RETIREMENT HOME ACT.—Section 1502 of the sioned officers on the active serting the following: Armed Forces Retirement Home Act of 1991 duty promotion list’’. (24 U.S.C. 401) is amended— ‘‘§ 648. Specialized industrial facilities’’ ; SEC. 305. RESERVE COMMISSIONED WARRANT (1) by striking ‘‘does not include the Coast (2) by inserting ‘‘(a) IN GENERAL.—’’ before OFFICER TO LIEUTENANT PRO- Guard when it is not operating as a service ‘‘The Secretary’’; and GRAM. of the Navy.’’ in paragraph (4) and inserting (3) by adding at the end the following: Section 214(a) of title 14, United States ‘‘has the meaning given such term in section ‘‘(b) PUBLIC-PRIVATE PARTNERSHIPS OR Code, is amended to read as follows: 101(4) of title 10.’’; OTHER COOPERATIVE ARRANGEMENTS.— ‘‘(a) The President may appoint temporary (2) by striking ‘‘and’’ in paragraph (5)(C); ‘‘(1) IN GENERAL.—For purposes of entering commissioned officers— (3) by striking ‘‘Affairs.’’ in paragraph into joint public-private partnerships or ‘‘(1) in the Regular Coast Guard in a grade, (5)(D) and inserting ‘‘Affairs; and’’; other cooperative arrangements for the per- not above lieutenant, appropriate to their (4) by adding at the end of paragraph (5) formance of work to provide supplies or serv- qualifications, experience, and length of the following: ices for government use, the Coast Guard service, as the needs of the Coast Guard may ‘‘(E) the Assistant Commandant of the Yard, the Aviation Repair and Supply Cen- require, from among the commissioned war- Coast Guard for Human Resources.’’; and ter, or other similar Coast Guard industrial rant officers, warrant officers, and enlisted (5) by adding at the end of paragraph (6) establishments may— members of the Coast Guard, and from li- the following: ‘‘(A) enter into agreements or other ar- censed officers of the United States mer- ‘‘(E) The Master Chief Petty Officer of the rangements with public or private entities, chant marine; and Coast Guard.’’. foreign or domestic; ‘‘(2) in the Coast Guard Reserve in a grade, (b) DEDUCTIONS.— ‘‘(B) pursuant to contracts or other ar- not above lieutenant, appropriate to their (1) Section 2772 of title 10, United States rangements, receive and retain funds from, qualifications, experience, and length of Code, is amended— or pay funds to, such public or private enti- service, as the needs of the Coast Guard may (A) by striking ‘‘of the military depart- ties; or require, from among the commissioned war- ment’’ in subsection (a); ‘‘(C) accept contributions of funds, mate- rant officers of the Coast Guard Reserve.’’. (B) by striking ‘‘Armed Forces Retirement rials, services, or the use of facilities from SEC. 306. ENHANCED STATUS QUO OFFICER PRO- Home Board’’ in subsection (b) and inserting such public or private entities, subject to MOTION SYSTEM. ‘‘Chief Operating Officer of the Armed regulations promulgated by the Coast Guard. (a) Section 253(a) of title 14, United States Forces Retirement Home’’; and ‘‘(2) ACCOUNTING FOR FUNDS RECEIVED.— Code, is amended— (C) by striking subsection (c). Amounts received under this subsection may (1) by inserting ‘‘and’’ after ‘‘considered,’’; (2) Section 1007(i) of title 37, United States be credited to the Coast Guard Yard Revolv- and Code, is amended— ing Fund or other appropriate Coast Guard (2) by striking ‘‘consideration, and the (A) by striking ‘‘Armed Forces Retirement account. number of officers the board may rec- Home Board’’ in paragraph (3) and inserting ‘‘(3) REIMBURSEMENT.—Any partnership, ommend for promotion’’ and inserting ‘‘con- ‘‘Chief Operating Officer of the Armed agreement, contract, or arrangement entered sideration’’. Forces Retirement Home’’; and into under this section shall require the pri- (b) Section 258 of such title is amended— (B) by striking ‘‘does not include the Coast vate entity to reimburse the Coast Guard for (1) by inserting ‘‘(a)’’ before ‘‘The Sec- Guard when it is not operating as a service such entity’s proportional share of the oper- retary’’; and of the Navy.’’ in paragraph (4) and inserting ating and capital costs of maintaining and (2) by adding at the end the following: ‘‘has the meaning given such term in section operating such facility, as determined by the ‘‘(b) In addition to the information pro- 101(4) of title 10.’’. Commandant of the Coast Guard. vided pursuant to subsection (a), the Sec- (c) EFFECTIVE DATE.—The amendments ‘‘(4) NONINTERFERENCE.—No partnership, retary may furnish the selection board— made by this section shall take effect on the agreement, contract, or arrangement entered ‘‘(1) specific direction relating to the needs first day of the first pay period beginning on into under this section may interfere with of the service for officers having particular or after January 1, 2008. the performance of any operational or sup- skills, including direction relating to the TITLE IV—ADMINISTRATION port function of the Coast Guard industrial need for a minimum number of officers with SEC. 401. COOPERATIVE AGREEMENTS FOR IN- establishment.’’. particular skills within a specialty; and DUSTRIAL ACTIVITIES. (b) CLERICAL AMENDMENT.—The chapter ‘‘(2) such other guidance that the Sec- Section 151 of title 14, United States Code, analysis for chapter 17 of such title is retary believes may be necessary to enable is amended— amended by striking item relating to section the board to properly perform its functions. (1) by inserting ‘‘(a) IN GENERAL.—’’ before 648 and inserting the following: Selections made based on the direction and ‘‘All orders’’; and ‘‘648. Specialized industrial facilities’’. guidance provided under this subsection (2) by adding at the end the following: SEC. 404. AUTHORITY TO CONSTRUCT COAST shall not exceed the maximum percentage of ‘‘(b) ORDERS AND AGREEMENTS FOR INDUS- GUARD RECREATIONAL FACILITIES. officers who may be selected from below the TRIAL ACTIVITIES.—Under this section, the (a) GENERAL AUTHORITY.—Section 681 of announced promotion zone at any given se- Coast Guard industrial activities may accept title 14, United States Code, is amended— lection board convened under section 251 of orders and enter into reimbursable agree- (1) in subsection (a)— this title.’’. ments with establishments, agencies, and de- (A) by striking ‘‘housing or military unac- (c) Section 259(a) of such title is amended partments of the Department of Defense and companied housing’’ and inserting ‘‘housing, by striking ‘‘board’’ the second place it ap- the Department of Homeland Security.’’. military unaccompanied housing, or Coast pears and inserting ‘‘board, giving due con- SEC. 402. DEFINING COAST GUARD VESSELS AND Guard recreational facilities’’; and sideration to the needs of the service for offi- AIRCRAFT. (B) by adding at the end the following: cers with particular skills so noted in the (a) IN GENERAL.—Chapter 17 of title 14, ‘‘(3) Coast Guard recreational facilities.’’; specific direction furnished pursuant to sec- United States Code, is amended by inserting and tion 258 of this title,’’. after section 638 the following new section: (2) by striking ‘‘housing or military unac- (d) Section 260(b) of such title is amended ‘‘§ 638a. Coast Guard vessels and aircraft de- companied housing’’ in subsection (b) and in- by inserting ‘‘to meet the needs of the serv- fined serting ‘‘housing, military unaccompanied ice (as noted in the specific direction fur- ‘‘For the purposes of sections 637 and 638 of housing, or Coast Guard recreational facili- nished the board under section 258 of this this title, the term Coast Guard vessels and ties’’. title)’’ after ‘‘qualified for promotion’’. aircraft means— (b) DIRECT LOANS.—Section 682 of such SEC. 307. APPOINTMENT OF CIVILIAN COAST ‘‘(1) any vessel or aircraft owned, leased, title is amended— GUARD JUDGES. transferred to, or operated by the Coast (1) by inserting after ‘‘military unaccom- Section 875 of the Homeland Security Act Guard and under the command of a Coast panied housing’’ in subsection (a)(1) the fol- of 2002 (6 U.S.C. 455) is amended— Guard member; and lowing: ‘‘or facilities that the Secretary de- (1) by redesignating subsection (c) as sub- ‘‘(2) any other vessel or aircraft under the termines are suitable for use as Coast Guard section (d); and tactical control of the Coast Guard on which recreational facilities’’; and (2) by inserting after subsection (b) the fol- one or more members of the Coast Guard are (2) by inserting after ‘‘military unaccom- lowing: assigned and conducting Coast Guard mis- panied housing’’ in subsection (b)(1) the fol- ‘‘(c) APPOINTMENT OF JUDGES.—The Sec- sions.’’. lowing: ‘‘or facilities that the Secretary de- retary may appoint civilian employees of the (b) CLERICAL AMENDMENT.—The chapter termines are suitable for use as Coast Guard Department of Homeland Security as appel- analysis for chapter 17 of such title is recreational facilities’’.

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(c) LEASING OF HOUSING TO BE CON- ‘‘(7) ‘Secretary’ means the Secretary of the ‘‘(c) LIMITATION ON STATUTORY CONSTRUC- STRUCTED.—Section 683(a) of such title is Department of Homeland Security, unless TION.—Nothing in subsections (a) and (b) amended by striking ‘‘or military unaccom- otherwise noted.’’. shall be construed as imposing any limita- panied housing units’’ and inserting ‘‘units, (b) SECRETARY AS MORTGAGEE.—Section tion upon the authority of the Secretary of military unaccompanied housing units, or 31308 of such title is amended by striking Commerce to modify, suspend, revoke, or Coast Guard recreational facilities’’. ‘‘When the Secretary of Commerce or Trans- sanction any Federal fishery permit issued (d) LIMITED PARTNERSHIPS WITH ELIGIBLE portation is a mortgagee under this chapter, by the Secretary of Commerce or to bring a ENTITIES.—Section 684 of such title is amend- the Secretary’’ and inserting ‘‘The Secretary civil action to enforce such modification, ed— of Commerce or Transportation, as a mort- suspension, revocation, or sanction.’’. (1) by inserting after ‘‘military unaccom- gagee under this chapter,’’. (b) CLERICAL AMENDMENT.—The analysis panied housing’’ in subsection (a) the fol- (c) SECRETARY OF TRANSPORTATION.—Sec- for such chapter is amended by inserting lowing: ‘‘or facilities that the Secretary de- tion 31329(d) of such title is amended by in- after the item relating to section 31309 the termines are suitable for use as Coast Guard serting ‘‘of Transportation’’ after ‘‘Sec- following: recreational facilities’’; retary’’. ‘‘31310. Limitation on maritime liens on fish- (2) by striking ‘‘construction of housing, (d) MORTGAGEE.— ing permits.’’. means the total amount of the costs included (1) Section 31330(a)(1) of such title is SEC. 506. VESSEL REBUILD DETERMINATIONS. in the basis of the housing’’ in subsection amended— (a) IN GENERAL.—The Secretary of the de- (b)(3) and inserting ‘‘construction of housing (A) by inserting ‘‘or’’ after the semicolon partment in which the Coast Guard is oper- or facilities, means the total amount of the in subparagraph (B); ating shall provide a report on Coast Guard costs included in the basis of the housing or (B) by striking ‘‘Transportation; or’’ in rebuild determinations under section 67.177 facilities’’; and subparagraph (C) and inserting ‘‘Transpor- of title 46, Code of Federal Regulations. Spe- (3) by inserting ‘‘or facilities’’ in sub- tation.’’; and cifically, the report shall provide rec- section (c) after ‘‘housing units’’. (C) by striking subparagraph (D). ommendations for— (e) DEPOSIT OF CERTAIN AMOUNTS IN COAST (2) Section 31330(a)(2) is amended— (1) improving the application of the ‘‘major GUARD HOUSING FUND.—Section 687 of such (A) by inserting ‘‘or’’ after the semicolon component test’’ under such section; title is amended— in subparagraph (B); (2) a review of the application of the (1) in subsection (b)— (B) by striking ‘‘faith; or’’ in subparagraph steelweight calculation thresholds under (A) in paragraph (2), by striking ‘‘or unac- (C) and inserting ‘‘faith.’’; and such section; companied housing’’ and inserting ‘‘, mili- (C) by striking subparagraph (D). (3) recommendations for improving trans- tary unaccompanied housing, or Coast Guard SEC. 502. CLARIFICATION OF RULEMAKING AU- parency in the Coast Guard’s foreign rebuild recreational facilities’’; and determination process; and (B) in paragraph (3), by striking ‘‘and mili- THORITY. (a) IN GENERAL.—Chapter 701 of title 46, (4) recommendations on whether or not tary unaccompanied housing’’ and inserting there should be limits or cumulative caps on ‘‘, military unaccompanied housing, and United States Code, is amended by adding at the end the following: the amount of steel work that can be done to Coast Guard recreational facilities’’; and the hull and superstructure of a vessel in for- ‘‘§ 70122. Regulations (2) by striking ‘‘and military unaccom- eign shipyards over the life of the vessel. panied housing units’’ in subsection (c)(1) ‘‘Unless otherwise provided, the Secretary (b) REPORT DEADLINE.—The Secretary shall and inserting ‘‘, military unaccompanied may issue regulations necessary to imple- provide this report to the Senate Committee housing units, and Coast Guard recreational ment this chapter.’’. on Commerce, Science, and Transportation facilities’’. (b) CLERICAL AMENDMENT.—The chapter and the House of Representatives Committee (f) REPORTS.—Section 688 of such title is analysis for chapter 701 of such title is on Transportation and Infrastructure within amended— amended by adding at the end the following 90 days after the enactment of this Act. (1) by inserting after ‘‘housing units’’ in new item: TITLE VI—MARITIME LAW ENFORCEMENT paragraph (1) the following: ‘‘or Coast Guard ‘‘70122. Regulations’’. SEC. 601. MARITIME LAW ENFORCEMENT. recreational facilities’’; and SEC. 503. COAST GUARD TO MAINTAIN LORAN-C (a) IN GENERAL.—Subtitle VII of title 46, (2) by striking ‘‘and military unaccom- NAVIGATION SYSTEM. United States Code, is amended by adding at panied housing’’ in paragraph (4) and insert- (a) IN GENERAL.—The Secretary of Trans- the end the following: ing ‘‘, military unaccompanied housing, and portation shall maintain the LORAN-C navi- Coast Guard recreational facilities’’. gation system until such time as the Sec- ‘‘CHAPTER 707—MARITIME LAW (g) DEFINITIONS.—Section 680 of such title retary is authorized by statute, explicitly ENFORCEMENT is amended— referencing this section, to cease operating ‘‘Sec. (1) by redesignating paragraphs (1) through the system. ‘‘70701. Offense (5) as paragraphs (2) through (6), respec- ‘‘70702. Attempt or conspiracy (b) AUTHORIZATION OF APPROPRIATIONS.— tively; ‘‘70703. Affirmative defenses There are authorized to be appropriated to ‘‘70704. Penalties (2) by inserting before paragraph (2), as re- the Secretary of Transportation, in addition designated by paragraph (1) of this sub- ‘‘70705. Criminal forfeiture to funds authorized under section 101 of this ‘‘70706. Civil forfeiture section, the following: Act for the Coast Guard for operation of the ‘‘70707. Extraterritorial jurisdiction ‘‘(1) The term ‘Coast Guard recreational fa- LORAN-C system, for capital expenses re- ‘‘70708. Claim of failure to comply with cilities’ means recreation lodging buildings, lated to the LORAN-C infrastructure, international law; jurisdiction recreation housing units, and ancillary sup- $25,000,000 for each of fiscal years 2008 and of court porting facilities constructed, maintained, 2009. The Secretary of Transportation may ‘‘70709. Federal activities and used by the Coast Guard to provide rest transfer from the Federal Aviation Adminis- ‘‘70710. Definitions and recreation amenities for military per- tration and other agencies of the Depart- ‘‘§ 70701. Offense sonnel.’’; and ment of Transportation such funds as may be ‘‘It shall be unlawful for any person on (3) by striking ‘‘housing units and ancil- necessary to reimburse the Coast Guard for board a covered vessel to transport or facili- lary supporting facilities or the improve- related expenses. tate the transportation, harboring, or con- ment or rehabilitation of existing units’’ in cealment of an alien on board such vessel paragraph (2), as redesignated by paragraph SEC. 504. NANTUCKET SOUND SHIP CHANNEL WEATHER BUOY. knowing or having reason to believe that the (1) of this subsection, and inserting ‘‘housing Within 180 days after the date of enact- alien is attempting to unlawfully enter the units or Coast Guard recreational facilities ment of this Act, the National Weather Serv- United States. and ancillary supporting facilities or the im- ice shall deploy a weather buoy adjacent to provement or rehabilitation of existing units ‘‘§ 70702. Attempt or conspiracy the main ship channel of Nantucket Sound. or facilities’’. ‘‘Any person on board a covered vessel who SEC. 505. LIMITATION ON MARITIME LIENS ON attempts or conspires to commit a violation TITLE V—SHIPPING AND NAVIGATION FISHING PERMITS. of section 70701 shall be subject to the same SEC. 501. TECHNICAL AMENDMENTS TO CHAPTER (a) IN GENERAL.—Subchapter I of chapter penalties as those prescribed for the viola- 313 OF TITLE 46, UNITED STATES 313 of title 46, United States Code, is amend- CODE. tion, the commission of which was the object ed by adding at the end the following: (a) IN GENERAL.—Chapter 313 of title 46, of the attempt or conspiracy. United States Code, is amended— ‘‘§ 31310. Limitation on maritime liens on fish- ‘‘§ 70703. Affirmative defenses (1) by striking ‘‘of Transportation’’ in sec- ing permits ‘‘It is an affirmative defense to a prosecutions 31302, 31306, 31321, 31330, and 31343 each ‘‘(a) IN GENERAL.—A maritime lien shall tion under this section, which the defendant place it appears; not attach to a permit that— must prove by a preponderance of the evi- (2) by striking ‘‘and’’ after the semicolon ‘‘(1) authorizes use of a vessel to engage in dence, that— in section 31301(5)(F); fishing; and ‘‘(1)(A) the alien was on board pursuant to (3) by striking ‘‘office.’’ in section 31301(6) ‘‘(2) is issued under State or Federal law. a rescue at sea, or was a stowaway; or and inserting ‘‘office; and’’; and ‘‘(b) LIMITATION ON ENFORCEMENT.—No civil ‘‘(B) the entry into the United States was (4) by adding at the end of section 31301 the action may be brought to enforce a maritime a necessary response to an imminent threat following: lien on a permit described in subsection (a). of death or serious bodily injury to the alien;

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10164 CONGRESSIONAL RECORD — SENATE July 26, 2007 ‘‘(2) the defendant, as soon as reasonably or a vessel subject to the jurisdiction of the rulemaking published on March 29, 2006, (71 practicable, informed the Coast Guard of the United States, that is less than 300 gross Fed. Reg. 15649), after taking into consider- presence of the alien on the vessel and the tons (or an alternate tonnage prescribed by ation public comments submitted pursuant circumstances of the rescue; and the Secretary under section 14104 of this to that notice, to adopt measures to reduce ‘‘(3) the defendant complied with all orders title) as measured under section 14502 of this the risk of oil spills in Buzzards Bay, Massa- given by law enforcement officials of the title. chusetts. United States. ‘‘(3) SERIOUS BODILY INJURY.—The term ‘se- (c) REPORTING.—The Secretary shall trans- ‘‘§ 70704. Penalties rious bodily injury’ has the meaning given mit an annual report to the Senate Com- that term in section 1365 of title 18, United mittee on Commerce, Science, and Transpor- ‘‘(a) IN GENERAL.—Any person who com- States Code. tation and the House of Representatives mits a violation of this chapter shall be fined ‘‘(4) UNITED STATES.—The term ‘United Committee on Resources on the extent to or imprisoned, or both, in accordance with States’ has the meaning given that term in which tank vessels in Buzzards Bay, Massa- subsection (b) and (c) of this section. For section 2101. chusetts, are using routes recommended by purposes of subsection (b), each individual on ‘‘(5) VESSEL OF THE UNITED STATES.—The the Coast Guard. board a vessel with respect to whom the vio- term ‘vessel of the United States’ has the lation occurs shall be treated as a separate SEC. 703. OIL TRANSFERS FROM VESSELS. meaning given that term in section 70502. violation. (a) REGULATIONS.—Within 1 year after the ‘‘(6) VESSEL SUBJECT TO THE JURISDICTION ‘‘(b) FINES.—Any person who commits a date of enactment of this Act, the Secretary violation of this chapter shall be fined not OF THE UNITED STATES.—The term ‘vessel shall promulgate regulations to reduce the more than $100,000, except that— subject to the jurisdiction of the United risks of oil spills in operations involving the ‘‘(1) in any case in which the violation States’ has the meaning given that term in transfer of oil from or to a tank vessel. The causes serious bodily injury to any person, section 70502.’’. regulations— (b) CLERICAL AMENDMENT.—The analysis regardless of where the injury occurs, the (1) shall focus on operations that have the for such subtitle is amended by inserting person shall be fined not more than $500,000; highest risks of discharge, including oper- after the item relating to chapter 705 the fol- and ations at night and in inclement weather; lowing: ‘‘(2) in any case where the violation causes and ‘‘707. Maritime Law Enforcement ...... 70701.’’. or results in the death of any person regard- (2) shall consider— less of where the death occurs, the person TITLE VII—OIL POLLUTION PREVENTION (A) requirements for use of equipment, shall be fined not more than $1,000,000, or SEC. 701. RULEMAKINGS. such as putting booms in place for transfers; both. (a) STATUS REPORT.— (B) operational procedures such as man- ‘‘(c) IMPRISONMENT.—Any person who com- (1) IN GENERAL.—Within 90 days after the ning standards, communications protocols, mits a violation of this chapter shall be im- date of enactment of this Act, the Secretary and restrictions on operations in high-risk prisoned for not less than 3 nor more than 20 shall provide a report to the Senate Com- areas; or years, except that— mittee on Commerce, Science, and Transpor- (C) both such requirements and operational ‘‘(1) in any case in which the violation tation and the House of Representatives procedures. causes serious bodily injury to any person, Committee on Transportation and Infra- (b) APPLICATION WITH STATE LAWS.—The regardless of where the injury occurs, the structure on the status of all Coast Guard regulations promulgated under subsection person shall be imprisoned for not less than rulemakings required (but for which no final (a) do not preclude the enforcement of any 7 nor more than 30 years; and rule has been issued as of the date of enact- State law or regulation the requirements of ‘‘(2) in any case where the violation causes ment of this Act)— which are at least as stringent as require- or results in the death of any person regard- (A) under the Oil Pollution Act of 1990 (33 ments under the regulations (as determined less of where the death occurs, the person U.S.C. 2701 et seq.); and by the Secretary) that— shall be imprisoned for not less than 10 years (B) for— (1) applies in State waters; nor more than life. (i) automatic identification systems re- (2) does not conflict with, or interfere with the enforcement of, requirements and oper- ‘‘§ 70705. Criminal forfeiture quired under section 70114 of title 46, United States Code; and ational procedures under the regulations; ‘‘The court, at the time of sentencing a (ii) inspection requirements for towing ves- and person convicted of an offense under this sels required under section 3306(j) of that (3) has been enacted or promulgated before chapter, shall order forfeited to the United title. the date of enactment of this Act. States any vessel used in the offense in the (2) INFORMATION REQUIRED.—The Secretary SEC. 704. IMPROVEMENTS TO REDUCE HUMAN same manner and to the same extent as if it shall include in the report required by para- ERROR AND NEAR-MISS INCIDENTS. were a vessel used in an offense under sec- graph (1)— (a) REPORT.—Within 1 year after the date tion 274 of the Immigration and Nationality (A) a detailed explanation with respect to of enactment of this Act, the Secretary shall Act (8 U.S.C. 1324). each such rulemaking as to— transmit a report to the Senate Committee ‘‘§ 70706. Civil forfeiture (i) what steps have been completed; on Commerce, Science, and Transportation, ‘‘A vessel that has been used in the com- (ii) what areas remain to be addressed; and the Senate Committee on Environment and mission of a violation of this chapter shall be (iii) the cause of any delays; and Public Works, and the House of Representa- seized and subject to forfeiture in the same (B) the date by which a final rule may rea- tives Committee on Transportation and In- manner and to the same extent as if it were sonably be expected to be issued. frastructure that, using available data— used in the commission of a violation of sec- (b) FINAL RULES.—The Secretary shall (1) identifies the types of human errors tion 274(a) of the Immigration and Nation- issue a final rule in each pending rulemaking that, combined, account for over 50 percent ality Act (8 U.S.C. 1324(a)). under the Oil Pollution Act of 1990 (33 U.S.C. of all oil spills involving vessels that have 2701 et seq.) as soon as practicable, but in no ‘‘§ 70707. Extraterritorial jurisdiction been caused by human error in the past 10 event later than 18 months after the date of years; ‘‘There is extraterritorial jurisdiction of enactment of this Act. (2) identifies the most frequent types of an offense under this chapter. SEC. 702. OIL SPILL RESPONSE CAPABILITY. near-miss oil spill incidents involving vessels ‘‘§ 70708. Claim of failure to comply with (a) SAFETY STANDARDS FOR TOWING VES- such as collisions, groundings, and loss of international law; jurisdiction of court SELS.—In promulgating regulations for tow- propulsion in the past 10 years; ‘‘A claim of failure to comply with inter- ing vessels under chapter 33 of title 46, (3) describes the extent to which there are national law in the enforcement of this chap- United States Code, the Secretary of the de- gaps in the data with respect to the informa- ter may be invoked as a basis for a defense partment in which the Coast Guard is oper- tion required under paragraphs (1) and (2) solely by a foreign nation. A failure to com- ating shall— and explains the reason for those gaps; and ply with international law shall not divest a (1) give priority to completing such regula- (4) includes recommendations by the Sec- court of jurisdiction or otherwise constitute tions for towing operations involving tank retary to address the identified types of er- a defense to any proceeding under this chap- vessels; and rors and incidents and to address any such ter. (2) consider the possible application of gaps in the data. ‘‘§ 70709. Federal activities standards that, as of the date of enactment (b) MEASURES.—Based on the findings con- of this Act, apply to self-propelled tank ves- tained in the report required by subsection ‘‘Nothing in this chapter applies to other- sels, and any modifications that may be nec- (a), the Secretary shall take appropriate ac- wise lawful activities carried out by or at essary for application to towing vessels due tion, both domestically and at the Inter- the direction of the United States Govern- to ship design, safety, and other relevant fac- national Maritime Organization, to reduce ment. tors. the risk of oil spills from human errors. ‘‘§ 70710. Definitions (b) REDUCTION OF OIL SPILL RISK IN BUZ- SEC. 705. OLYMPIC COAST NATIONAL MARINE ‘‘In this chapter: ZARDS BAY.—No later than January 1, 2008, SANCTUARY. ‘‘(1) ALIEN.—The term ‘alien’ has the the Secretary of the department in which (a) OLYMPIC COAST NATIONAL MARINE SANC- meaning given that term in section 70105(f). the Coast Guard is operating shall promul- TUARY AREA TO BE AVOIDED.—The Secretary ‘‘(2) COVERED VESSEL.—The term ‘covered gate a final rule for Buzzards Bay, Massachu- and the Under Secretary of Commerce for vessel’ means a vessel of the United States, setts, pursuant to the notice of proposed Oceans and Atmosphere shall revise the area

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10165 to be avoided off the coast of the State of the Under Secretary of Commerce for Oceans SEC. 708. REPORT ON THE AVAILABILITY OF Washington so that restrictions apply to all and Atmosphere to carry out this section, TECHNOLOGY TO DETECT THE LOSS vessels required to prepare a response plan $10,000,000 annually for each of fiscal years OF OIL. under section 311(j) of the Federal Water Pol- 2008 through 2012. Within 1 year after the date of enactment lution Control Act (33 U.S.C. 1321(j)) (other of this Act, the Secretary shall submit a re- than fishing or research vessels while en- SEC. 707. IMPROVED COORDINATION WITH TRIB- port to the Senate Committee on Commerce, AL GOVERNMENTS. gaged in fishing or research within the area Science, and Transportation and the House to be avoided). (a) IN GENERAL.—Within 6 months after the of Representatives Committee on Energy and (b) EMERGENCY OIL SPILL DRILL.— date of enactment of this Act, the Secretary Commerce on the availability, feasibility, (1) IN GENERAL.—In cooperation with the shall complete the development of a tribal and potential cost of technology to detect Secretary, the Under Secretary of Commerce consultation policy, which recognizes and the loss of oil carried as cargo or as fuel on for Oceans and Atmosphere shall conduct a protects to the maximum extent practicable tank and non-tank vessels greater than 400 Safe Seas oil spill drill in the Olympic Coast tribal treaty rights and trust assets in order gross tons. National Marine Sanctuary in fiscal year to improve the Coast Guard’s consultation SEC. 709. USE OF OIL SPILL LIABILITY TRUST 2008. The Secretary and the Under Secretary and coordination with the tribal govern- FUND. of Commerce for Oceans and Atmosphere ments of federally recognized Indian tribes Section 1012(a)(5) of the Oil Pollution Act jointly shall coordinate with other Federal with respect to oil spill prevention, pre- of 1990 (33 U.S.C. 2712(a)(5)) is amended— agencies, State, local, and tribal govern- paredness, response and natural resource (1) by redesignating subparagraphs (B) and mental entities, and other appropriate enti- damage assessment. (C) as subparagraphs (C) and (D), respectively; and ties, in conducting this drill. (b) NATIONAL PLANNING.—The Secretary (2) by inserting after subparagraph (A) the (2) OTHER REQUIRED DRILLS.—Nothing in shall assist tribal governments to partici- following: this subsection supersedes any Coast Guard pate in the development and capacity to im- ‘‘(B) not more than $15,000,000 in each fiscal requirement for conducting emergency oil plement the National Contingency Plan and year shall be available to the Under Sec- spill drills in the Olympic Coast National local Area Contingency Plans to the extent retary of Commerce for Oceans and Atmos- Marine Sanctuary. The Secretary shall con- they affect tribal lands, cultural and natural phere for expenses incurred by, and activities sider conducting regular field exercises, such resources. The Secretary shall ensure that in related to, response and damage assessment as National Preparedness for Response Exer- regions where oil spills are likely to have an capabilities of the National Oceanic and At- cise Program (PREP) in other national ma- impact on natural or cultural resources mospheric Administration;’’. rine sanctuaries. owned or utilized by a federally recognized (3) AUTHORIZATION OF APPROPRIATIONS.— Indian tribe, the Coast Guard will— SEC. 710. INTERNATIONAL EFFORTS ON EN- FORCEMENT. There are authorized to be appropriated to (1) ensure that representatives of the tribal The Secretary, in consultation with the the Under Secretary of Commerce for Oceans government of the potentially affected tribes heads of other appropriate Federal agencies, and Atmosphere for fiscal year 2008 $700,000 are included as part of the regional response shall ensure that the Coast Guard pursues to carry out this subsection. team cochaired by the Coast Guard and the stronger enforcement in the International SEC. 706. PREVENTION OF SMALL OIL SPILLS. Environmental Protection Agency to estab- Maritime Organization of agreements re- (a) IN GENERAL.—The Under Secretary of lish policies for responding to oil spills; and lated to oil discharges, including joint en- Commerce for Oceans and Atmosphere, in (2) provide training of tribal incident com- forcement operations, training, and stronger consultation with other appropriate agen- manders and spill responders. compliance mechanisms. cies, shall establish an oil spill prevention (c) INCLUSION OF TRIBAL GOVERNMENT.— and education program for small vessels. The SEC. 711. GRANT PROJECT FOR DEVELOPMENT The Secretary shall ensure that, as soon as OF COST-EFFECTIVE DETECTION program shall provide for assessment, out- practicable after identifying an oil spill that TECHNOLOGIES. reach, and training and voluntary compli- is likely to have an impact on natural or cul- (a) IN GENERAL.—Not later than 180 days ance activities to prevent and improve the tural resources owned or utilized by a feder- after the date of enactment of this Act, the effective response to oil spills from vessels ally recognized Indian tribe, the Coast Guard Commandant shall establish a grant program and facilities not required to prepare a vessel will— for the development of cost-effective tech- response plan under the Federal Water Pollu- (1) ensure that representatives of the tribal nologies, such as infrared, pressure sensors, tion Control Act, including recreational ves- government of the affected tribes are in- and remote sensing, for detecting discharges sels, commercial fishing vessels, marinas, cluded as part of the incident command sys- of oil from vessels as well as methods and and aquaculture facilities. The Under Sec- tem established by the Coast Guard to re- technologies for improving detection and re- retary may provide grants to sea grant col- spond to the spill; covery of submerged and sinking oils. leges and institutes designated under section (2) share information about the oil spill (b) MATCHING REQUIREMENT.—The Federal 207 of the National Sea Grant College Pro- with the tribal government of the affected share of any project funded under subsection gram Act (33 U.S.C. 1126) and to State agen- tribe; and (a) may not exceed 50 percent of the total cies, tribal governments, and other appro- (3) to the extent practicable, involve tribal cost of the project. priate entities to carry out— governments in deciding how to respond to (c) REPORT TO CONGRESS.—Not later than 3 (1) regional assessments to quantify the such spill. years after the date of enactment of this Act source, incidence and volume of small oil the Secretary shall provide a report to the (d) COOPERATIVE ARRANGEMENTS.—The spills, focusing initially on regions in the Senate Committee on Commerce, Science, Coast Guard may enter into memoranda of country where, in the past 10 years, the inci- and Transportation, and to the House of Rep- agreement and associated protocols with In- dence of such spills is estimated to be the resentatives Committee on Transportation dian tribal governments in order to establish highest; and Infrastructure on the results of the pro- cooperative arrangements for oil pollution (2) voluntary, incentive-based clean ma- gram. prevention, preparedness, and response. Such rina programs that encourage marina opera- (d) AUTHORIZATION OF APPROPRIATIONS.— memoranda may be entered into prior to the tors, recreational boaters and small commer- There are authorized to be appropriated to development of the tribal consultation and cial vessel operators to engage in environ- the Commandant to carry out this section coordination policy to provide Indian tribes mentally sound operating and maintenance $2,000,000 for each of fiscal years 2008, 2009, grant and contract assistance and may in- procedures and best management practices and 2010, to remain available until expended. clude training for preparedness and response to prevent or reduce pollution from oil spills (e) TRANSFER PROHIBITED.—Administration and other sources; and provisions on coordination in the event of the program established under subsection (3) cooperative oil spill prevention edu- of a spill. As part of these memoranda of (a) may not be transferred within the De- cation programs that promote public under- agreement, the Secretary may carry out partment of Homeland Security or to an- standing of the impacts of spilled oil and demonstration projects to assist tribal gov- other department or Federal agency. ernments in building the capacity to protect provide useful information and techniques to SEC. 712. HIGHER VOLUME PORT AREA REGU- minimize pollution including methods to re- tribal treaty rights and trust assets from oil LATORY DEFINITION CHANGE. spills to the maximum extent possible. move oil and reduce oil contamination of (a) IN GENERAL.—Within 30 days after the bilge water, prevent accidental spills during (e) FUNDING FOR TRIBAL PARTICIPATION.— date of enactment of this Act, notwith- maintenance and refueling and properly Subject to the availability of appropriations, standing subchapter 5 of title 5, United cleanup and dispose of oil and hazardous sub- the Commandant of the Coast Guard shall States Code, the Commandant shall modify stances; and provide assistance to participating tribal the definition of the term ‘‘higher volume (4) support for programs, including out- governments in order to facilitate the imple- port area’’ in section 155.1020 of the Coast reach and education to address derelict ves- mentation of cooperative arrangements Guard regulations (33 C.F.R. 155.1020) by sels and the threat of such vessels sinking under subsection (d) and ensure the partici- striking ‘‘Port Angeles, WA’’ in paragraph and discharging oil and other hazardous sub- pation of tribal governments in such ar- (13) of that section and inserting ‘‘Cape Flat- stances, including outreach and education to rangements. There are authorized to be ap- tery, WA’’ without initiating a rulemaking involve efforts to the owners of such vessels. propriated to the Commandant $500,000 for proceeding. (b) AUTHORIZATION OF APPROPRIATIONS.— each of fiscal years 2008 through 2012 to be (b) EMERGENCY RESPONSE PLAN REVIEWS.— There are authorized to be appropriated to used to carry out this section. Within 5 years after the date of enactment of

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this Act, the Coast Guard shall complete its response tug and associated response equip- (2) CONSULTATION.—Before making any rec- review of any changes to emergency response ment is comparable to protection in other lo- ommendations under paragraph (1) for a re- plans pursuant to the Federal Water Pollu- cations where response tugs operate, includ- gion, the Area Committee shall consult with tion Control Act (33 U.S.C. 1251 et seq.) re- ing Prince William Sound, and if it is not affected local, State, and Federal govern- sulting from the modification of the higher comparable, shall make recommendations as ment agencies, representatives of the fishing volume port area definition required by sub- to how capabilities, equipment, and facilities industry, Alaska Natives from the region, section (a). should be modified to achieve optimum pro- the conservation community, and the mer- SEC. 713. RESPONSE TUGS. tection.’’. chant shipping and oil transportation indus- (a) IN GENERAL.—Paragraph (5) of section (b) AUTHORIZATION OF APPROPRIATIONS.— tries. 311(j) of the Federal Water Pollution Control There are authorized to be appropriated to (d) PROVISION TO CONGRESS.—The Com- Act (33 U.S.C. 1321(j)) is amended by adding the Secretary for fiscal year 2008 such sums mandant shall provide a copy of each assess- at the end the following: as necessary to carry out section ment to the Senate Committee on Com- ‘‘(J) RESPONSE TUG.— 311(j)(5)(J)(v) of the Federal Water Pollution merce, Science, and Transportation and the ‘‘(i) IN GENERAL.—The Secretary shall re- Control Act (33 U.S.C. 1321(j)(5)(J)(v)). House of Representatives Committee on quire the stationing of a year round response SEC. 714. TUG ESCORTS FOR LADEN OIL TANK- Transportation and Infrastructure. tug of a minimum of 70-tons bollard pull in ERS. (e) AUTHORIZATION OF APPROPRIATIONS.— the entry to the Strait of Juan de Fuca at Within 1 year after the date of enactment There are authorized to be appropriated to Neah Bay capable of providing rapid assist- of this Act, the Secretary of State, in con- the Commandant $1,800,000 for each of fiscal ance and towing capability to disabled ves- sultation with the Commandant, shall enter years 2008 and 2009 to conduct the assess- sels during severe weather conditions. into negotiations with the Government of ments. ‘‘(ii) SHARED RESOURCES.—The Secretary Canada to ensure that tugboat escorts are SEC. 717. OIL SPILL LIABILITY TRUST FUND IN- may authorize compliance with the response required for all tank ships with a capacity VESTMENT AMOUNT. tug stationing requirement of clause (i) over 40,000 deadweight tons in the Strait of Within 30 days after the date of enactment through joint or shared resources between or Juan de Fuca, Strait of Georgia, and in Haro of this Act, the Secretary of the Treasury shall increase the amount invested in income among entities to which this subsection ap- Strait. The Commandant shall consult with producing securities under section 5006(b) of plies. the State of Washington and affected tribal the Oil Pollution Act of 1990 (33 U.S.C. ‘‘(iii) EXISTING STATE AUTHORITY NOT AF- governments during negotiations with the 2736(b)) by $12,851,340.. FECTED.—Nothing in this subparagraph su- Government of Canada. persedes or interferes with any existing au- SEC. 718. LIABILITY FOR USE OF UNSAFE SINGLE- thority of a State with respect to the sta- SEC. 715. EXTENSION OF FINANCIAL RESPONSI- HULL VESSELS. BILITY. tioning of rescue tugs in any area under Section 1001(32) of the Oil Pollution Act of Section 1016(a) of the Oil Pollution Act of State law or regulations. 1990 (33 U.S.C. 2701(32)) is amended by strik- 1990 (33 U.S.C. 2716(a)) is amended— ‘‘(iv) ADMINISTRATION.—In carrying out ing subparagraph (A) and inserting the fol- (1) by striking ‘‘or’’ after the semicolon in this subparagraph, the Secretary— lowing: paragraph (1); ‘‘(I) shall require the vessel response plan ‘‘(A) VESSELS.—In the case of a vessel holders to negotiate and adopt a cost-sharing (2) by inserting ‘‘or’’ after the semicolon in (other than a vessel described in section formula and a schedule for carrying out this paragraph (2); and 3703a(b) of title 46, United States Code)— subparagraph by no later than June 1, 2008; (3) by inserting after paragraph (2) the fol- ‘‘(i) any person owning, operating, or de- ‘‘(II) shall establish a cost-sharing formula lowing: mise chartering the vessel; and and a schedule for carrying out this subpara- ‘‘(3) any tank vessel over 100 gross tons (ex- ‘‘(ii) the owner of oil being transported in graph by no later than July 1, 2008 (without cept a non-self-propelled vessel that does not a tank vessel with a single hull after Decem- regard to the requirements of chapter 5 of carry oil as cargo) using any place subject to ber 31, 2010, if the owner of the oil knew, or title 5, United States Code) if the vessel re- the jurisdiction of the United States;’’. should have known, from publicly available sponse plan holders fail to adopt the cost- SEC. 716. VESSEL TRAFFIC RISK ASSESSMENTS. information that the vessel had a poor safety sharing formula and schedule required by (a) REQUIREMENT.—The Commandant of the or operational record.’’. subclause (I) of this clause by June 1, 2008; Coast guard, acting through the appropriate TITLE VIII—MARITIME HAZARDOUS and Area Committee established under section CARGO SECURITY ‘‘(III) shall implement clauses (i) and (ii) of 311(j)(4) of the Federal Water Pollution Con- SEC. 801. INTERNATIONAL COMMITTEE FOR THE this subparagraph by June 1, 2008, without a trol Act, shall prepare a vessel traffic risk SAFE AND SECURE TRANSPOR- rulemaking and without regard to the reassessment— TATION OF ESPECIALLY HAZARDOUS quirements of chapter 5 of title 5, United (1) for Cook Inlet, Alaska, within 1 year CARGO. States Code. after the date of enactment of this Act; and (a) IN GENERAL.—Chapter 701 of title 46, ‘‘(v) LONG TERM TUG CAPABILITIES.—Within (2) for the Aleutian Islands, Alaska, within United States Code, is amended by inserting 6 months after implementing clauses (i) and 2 years after the date of enactment of this after section 70109 the following: (ii), and section 707 of the Coast Guard Au- Act. ‘‘§ 70109A. International committee for the thorization Act for Fiscal Year 2008, the Sec- (b) CONTENTS.—Each of the assessments safe and secure transportation of especially retary shall execute a contract with the Na- shall describe, for the region covered by the hazardous cargo tional Academy of Sciences to conduct a assessment— ‘‘(a) IN GENERAL.—The Secretary, in con- study of regional response tug and salvage (1) the amount and character of present sultation with the Secretary of State and needs for Washington’s Olympic coast. In de- and estimated future shipping traffic in the other appropriate entities, shall, in a manner veloping the scope of the study, the National region; and consistent with international treaties, con- Academy of Sciences shall consult with Fed- (2) the current and projected use and effec- ventions, and agreements to which the eral, State, and Tribal trustees as well as tiveness in reducing risk, of— United States is a party, establish a com- relevant stakeholders. The study— (A) traffic separation schemes and routing mittee within the International Maritime ‘‘(I) shall define the needed capabilities, measures; Organization that includes representatives of equipment, and facilities for a response tug (B) long-range vessel tracking systems de- United States trading partners that supply in the entry to the Strait of Juan de Fuca at veloped under section 70115 of title 46, United tank or break-bulk shipments of especially Neah Bay in order to optimize oil spill pro- States Code; hazardous cargo to the United States. tection on Washington’s Olympic coast, pro- (C) towing, response, or escort tugs; ‘‘(b) SAFE AND SECURE LOADING, UNLOAD- vide rescue towing services, oil spill re- (D) vessel traffic services; ING, AND TRANSPORTATION OF ESPECIALLY sponse, and salvage and fire-fighting capa- (E) emergency towing packages on vessels; HAZARDOUS CARGOES.—In carrying out this bilities; (F) increased spill response equipment in- section, the Secretary, in cooperation with ‘‘‘(II) shall analyze the tug’s multi-mission cluding equipment appropriate for severe the International Maritime Organization and capabilities as well as its ability to utilize weather and sea conditions; in consultation with the International cached salvage, oil spill response, and oil (G) the Automatic Identification System Standards Organization and shipping indus- storage equipment while responding to a developed under section 70114 of title 46, try stakeholders, shall develop protocols, spill or a vessel in distress and make rec- United States Code; procedures, standards, and requirements for ommendations as to the placement of this (H) particularly sensitive sea areas, areas receiving, handling, loading, unloading, ves- equipment; to be avoided, and other traffic exclusion sel crewing, and transportation of especially ‘‘(III) shall address scenarios that consider zones; hazardous cargo to promote the safe and se- all vessel types and weather conditions and (i) aids to navigation; and cure operation of ports, facilities, and vessels compare current Neah Bay tug capabilities, (J) vessel response plans. that transport especially hazardous cargo to costs, and benefits with other United States (c) RECOMMENDATIONS.— the United States. industry funded response tugs, including (1) IN GENERAL.—Each of the assessments ‘‘(c) DEADLINES.—The Secretary shall— those currently operating in Alaska’s Prince shall include any appropriate recommenda- ‘‘(1) initiate the development of the com- William Sound; tions to enhance the safety and security, or mittee within 180 days after the date of en- ‘‘(IV) shall determine whether the current lessen potential adverse environmental im- actment of the Maritime Hazardous Cargo level of protection afforded by the Neah Bay pacts, of marine shipping. Security Act; and

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10167 ‘‘(2) endeavor to have the protocols, proce- ‘‘(2) the entity has no beneficial interest in support, to the owner or operator of a for- dures, standards, and requirements devel- or any direct control over the port and facili- eign port or facility— oped by the committee take effect within 3 ties being inspected and validated. ‘‘(A) to assist in bringing the port or facil- years after the date of enactment of that ‘‘(d) MONITORING—The Secretary shall reg- ity into compliance with applicable Inter- Act. ularly monitor and audit the operations of national Ship and Port Facility Code stand- ‘‘(d) REPORTS.—The Secretary shall report each third party entity conducting valida- ards; annually to the Senate Committee on Com- tions under this section to ensure that it is ‘‘(B) to assist the port or facility in meet- merce, Science, and Transportation, the meeting the minimum standards, operating ing standards established under section House of Representatives Committee on protocols, procedures, and requirements es- 70109A of this chapter; and Transportation and Infrastructure, and the tablished by international agreement. ‘‘(C) to assist the port or facility in exceed- House of Representatives Committee on ‘‘(e) REVOCATION.—The Secretary shall re- ing the standards described in subparagraph Homeland Security on the development, im- voke the certification of any entity deter- (A) and (B). plementation, and administration of the pro- mined by the Secretary not to meet the min- ‘‘(2) CONDITIONS.—The Secretary— tocols, procedures, standards, and require- imum standards, operating protocol, proce- ‘‘(A) shall provide such assistance based ments developed by the committee estab- dures, and requirements established by inter- upon an assessment of the risks to the secu- lished under subsection (a).’’. national agreement for third party entity rity of the United States and the inability of (b) CONFORMING AMENDMENT.—The chapter validations. the owner or operator of the port or facility analysis for chapter 701 of title 46, United ‘‘(f) PROTECTION OF SECURITY AND PROPRI- otherwise to bring the port or facility into States Code, is amended by inserting after ETARY INFORMATION.—In carrying out this compliance with those standards and to the item relating the section 70109 the fol- section, the Secretary shall take appropriate lowing: maintain compliance with them; actions to protect from disclosure informa- ‘‘(B) may not provide such assistance un- ‘‘70109A. International committee for the tion that— less the facility or port has been subjected to safe and secure transportation ‘‘(1) is security sensitive, proprietary, or a comprehensive port security assessment by of especially hazardous cargo’’. business sensitive; or the Coast Guard or a third party entity cer- SEC. 802. VALIDATION OF COMPLIANCE WITH ‘‘(2) is otherwise not appropriately in the tified by the Secretary under section ISPFC STANDARDS. public domain. 70110A(b) to validate foreign port or facility (a) IN GENERAL.—Chapter 701 of title 46, ‘‘(g) DEADLINES.—The Secretary shall— compliance with International Ship and Port United States Code, is amended by inserting ‘‘(1) initiate procedures to carry out this Facility Code standards; and after section 70110 the following: section within 180 days after the date of en- ‘‘(C) may only lend, lease, or otherwise ‘‘70110A. Port safety and security validations actment of the Maritime Hazardous Cargo provide equipment that the Secretary has ‘‘(a) IN GENERAL.—The Secretary, in con- Security Act; and first determined is not required by the Coast sultation with the Secretary of State, shall, ‘‘(2) develop standards under subsection (b) Guard for the performance of its missions.’’. in a manner consistent with international for third party validation within 2 years SEC. 805. EHC FACILITY RISK-BASED COST SHAR- treaties, conventions, and agreements to after the date of enactment of that Act. ING. which the United States is a party, develop ‘‘(h) REPORTS.—The Secretary shall report The Commandant shall identify facilities and implement a voluntary program under annually to the Senate Committee on Com- sited or constructed on or adjacent to the which foreign ports and facilities can certify merce, Science, and Transportation, the navigable waters of the United States that their compliance with applicable Inter- House of Representatives Committee on receive, handle, load, or unload especially national Ship and Port Facility Code stand- Transportation and Infrastructure, and the ards. hazardous cargos that pose a risk greater House of Representatives Committee on than an acceptable risk threshold, as deter- ‘‘(b) THIRD-PARTY VALIDATION.— Homeland Security on activities conducted ‘‘(1) IN GENERAL.—In carrying out this sec- mined by the Secretary under a uniform risk pursuant to this section.’’. assessment methodology. The Secretary may tion, the Secretary, in cooperation with the (c) CONFORMING AMENDMENT.—The chapter International Maritime Organization and the establish a security cost-share plan to assist analysis for chapter 701 of title 46, United the Coast Guard in providing security for the International Standards Organization, shall States Code, is amended by inserting after develop and implement a program under transportation of especially hazardous cargo the item relating to section 70110 the fol- to such facilities. which independent, third-party entities are lowing: certified to validate a foreign port’s or facili- SEC. 806. TRANSPORTATION SECURITY INCIDENT ‘‘70110A. Port safety and security valida- ty’s compliance under the program devel- MITIGATION PLAN. tions’’. oped under subsection (a). Section 70103(b)(2) of title 46, United States ‘‘(2) PROGRAM COMPONENTS.—The inter- SEC. 803. SAFETY AND SECURITY ASSISTANCE Code, is amended— national program shall include— FOR FOREIGN PORTS. (1) by redesignating subparagraphs (E) ‘‘(A) international inspection protocols and (a) IN GENERAL.—Section 70110(e)(1) of title through (G) as subparagraphs (F) through procedures; 46, United States Code, is amended by strik- (H), respectively; and ‘‘(B) minimum validation standards to ening the second sentence and inserting the (2) by inserting after subparagraph (D) the sure a port or facility meets the applicable following: ‘‘The Secretary shall establish a following: International Ship and Port Facility Code strategic plan to utilize those assistance pro- ‘‘(E) establish regional response and recov- standards; grams to assist ports and facilities that are ery protocols to prepare for, respond to, ‘‘(C) recognition for foreign ports or facili- found by the Secretary under subsection (a) mitigate against, and recover from a trans- ties that exceed the minimum standards; not to maintain effective antiterrorism portation security incident consistent with ‘‘(D) uniform performance metrics by measures in the implementation of port se- section 202 of the Security and Account- which inspection validations are to be con- curity antiterrorism measures.’’. ability for Every Port Act of 2006 (6 U.S.C. ducted; (b) CONFORMING AMENDMENTS.— 942) and section 70103(a) of title 46, United ‘‘(E) a process for notifying a port or facil- (1) Section 70110 of title 46, United States States Code;’’. Code, is amended— ity, and its host nation, of areas of concern SEC. 807. INCIDENT COMMAND SYSTEM TRAIN- about the port’s or facility’s failure to com- (A) by inserting ‘‘or facilities’’ after ING. ply with International Ship and Port Facil- ‘‘ports’’ in the section heading; The Secretary shall ensure that Federal, ity Code standards; (B) by inserting ‘‘or facility’’ after ‘‘port’’ State, and local personnel responsible for the ‘‘(F) provisional or probationary valida- each place it appears; and safety and security of vessels in port car- tions; (C) by striking ‘‘PORTS’’ in the heading for rying especially hazardous cargo have suc- ‘‘(G) conditions under which routine moni- subsection (e) and inserting ‘‘PORTS, FACILI- cessfully completed training in the Depart- toring is to occur if a port or facility re- TIES,’’. ment of Homeland Security’s incident com- ceives a provisional or probationary valida- (2) The chapter analysis for chapter 701 of mand system protocols. tion; title 46, United States Code, is amended by striking the item relating to section 70110 SEC. 808. PRE-POSITIONING INTEROPERABLE ‘‘(H) a process by which failed validations COMMUNICATIONS EQUIPMENT AT can be appealed; and and inserting the following: INTERAGENCY OPERATIONAL CEN- ‘‘(I) an appropriate cycle for re-inspection ‘‘70110. Actions and assistance for foreign TERS. and validation. ports or facilities and United Section 70107A of title 46, United States ‘‘(c) CERTIFICATION OF THIRD PARTY ENTI- States territories’’. Code, is amended— TIES.—The Secretary may not certify a third SEC. 804. COAST GUARD PORT ASSISTANCE PRO- (1) by redesignating subsections (e) and (f) party entity to validate ports or facilities GRAM. as subsections (f) and (g), respectively; and under subsection (b) unless— Section 70110 of title 46, United States (2) by inserting after subsection (d) the fol- ‘‘(1) the entity demonstrates to the satis- Code, is amended by adding at the end there- lowing: faction of the Secretary the ability to per- of the following: ‘‘(e) DEPLOYMENT OF INTEROPERABLE COM- form validations in accordance with the ‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— MUNICATIONS EQUIPMENT AT INTERAGENCY standards, protocols, procedures, and re- ‘‘(1) IN GENERAL.—The Secretary may lend, OPERATIONAL CENTERS.— quirements established by the program im- lease, donate, or otherwise provide equip- ‘‘(1) IN GENERAL.—The Secretary shall en- plemented under subsection (a); and ment, and provide technical training and sure that interoperable communications

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10168 CONGRESSIONAL RECORD — SENATE July 26, 2007 technology is deployed at all interagency tive agreements and activities with other that the County and the Commandant may operational centers established under sub- Federal and State agencies, training pro- consider appropriate, in the exercise of their section (a). grams, and other initiatives; discretion, to protect the interests of the ‘‘(2) CONSIDERATIONS.—In carrying out (2) an annual summary for fiscal year 2000 County and the United States. paragraph (1), the Secretary shall consider through fiscal year 2007 by Coast Guard dis- SEC. 903. TRANSFER OF LANDS TO BE HELD IN the continuing technological evolution of trict of the level of effort measured by per- TRUST. communications technologies and devices, sonnel hours and other available data, for (a) IN GENERAL.—As soon as practical but with its implicit risk of obsolescence, and enforcement of the Lacey Act Amendments not later than 3 years after the date of enact- shall ensure, to the maximum extent fea- of 1981 (16 U.S.C. 3371 et seq.), the Endan- ment of this Act, the Commandant of the sible, that a substantial part of the tech- gered Species Act (16 U.S.C. 1531 et seq.), and Coast Guard shall take such actions as are nology deployed involves prenegotiated con- the Marine Mammal Protection Act (16 necessary to transfer administrative juris- tracts and other arrangements for rapid de- U.S.C. 1361 et seq.) as well as international diction over lands, including all structures ployment of equipment, supplies, and sys- agreements that include provisions on sea and buildings on lands, depicted on the maps tems rather than the warehousing or storage turtles or marine mammals to which the prepared pursuant to subsection (c) of this of equipment and supplies currently avail- United States is a party; and section to the Secretary of the Interior to able at the time the technology is deployed. (3) a summary of any new Coast Guard ini- hold in trust for the benefit of the Confed- erated Tribes of the Coos, Lower Umpqua, ‘‘(3) REQUIREMENTS AND CHARACTERISTICS.— tiatives for this mission area. and Siuslaw Indians. The interoperable communications tech- SEC. 902. UMPQUA LIGHTHOUSE LAND CONVEY- (b) CONDITIONS OF TRANSFER.— nology deployed under paragraph (1) shall— ANCE. (1) Prior to the transfer of administrative ‘‘(A) be capable of re-establishing commu- (a) CONVEYANCE AUTHORIZED.— jurisdiction over the lands, the Coast Guard, (1) IN GENERAL.—The Commandant of the nications when existing infrastructure is in its sole discretion, shall execute actions Coast Guard may convey to Douglas County, damaged or destroyed in an emergency or a required to comply with applicable environ- Oregon, all right, title, and interest of the major disaster; mental and cultural resources law. United States in and to the Umpqua Light- ‘‘(B) include appropriate current, widely- (2) Upon such transfer to the Secretary of house property, including improvements used equipment, such as Land Mobile Radio the Interior, the lands shall be held in trust thereon, for the purpose of permitting the Systems, cellular telephones and satellite by the United States for the Confederated equipment, Cells-On-Wheels, Cells-On-Light- County to use the property as a park. Tribes of the Coos, Lower Umpqua, and Trucks, or other self-contained mobile cell (2) PROPERTY DESCRIPTION.— Siuslaw Indians, Oregon, and shall be part of sites that can be towed, backup batteries, (A) IN GENERAL.—The Umpqua Lighthouse the Confederated Tribes of Coos, Lower Ump- generators, fuel, and computers; property is the parcel of approximately 14.81 qua, and Siuslaw’s Reservation. ‘‘(C) include contracts (including acres of Coast Guard controlled land located (c) MAP AND LEGAL DESCRIPTION OF LAND.— 1 prenegotiated contracts) for rapid delivery of in the NW ⁄4 of sec. 13, T. 22 S., R. 13 W., Wil- (1) IN GENERAL.—As soon as practicable the most current technology available from lamette Meridian, and identified as Exhibit after the date of enactment of this Act, the commercial sources; A on the aerial map entitled ‘‘U.S. Coast Commandant shall file maps entitled ‘‘Con- ‘‘(D) include arrangements for training to Guard Property at Salmon Harbor/Win- federated Tribes of the Coos, Lower Umpqua, ensure that personnel are familiar with the chester Bay, Oregon’’ dated February 22, and Siuslaw Land Transfer Maps’’, which operation of the equipment and devices to be 2006. shall depict and provide a legal description delivered pursuant to such contracts; and (B) SURVEYS.—The exact acreage and legal of the parcels to be transferred in Coos Coun- ‘‘(E) be utilized as appropriate during live description of the real property to be con- ty, Oregon, totaling approximately 24.0 acres area exercises conducted by the United veyed under subsections (a) and (c) shall be in the areas commonly known as Gregory States Coast Guard. determined by surveys satisfactory to the Point and Chief’s Island, with— ‘‘(4) ADDITIONAL CHARACTERISTICS.—Por- Commandant. The cost of the surveys shall (A) the Senate Committee on Commerce, tions of the communications technology de- be borne by the County. Science, and Transportation; ployed under paragraph (1) may be virtual (b) USE OF PROPERTY CONVEYED.—Notwith- (B) the House of Representatives Com- and may include items donated on an in-kind standing section 59.3 of title 36, Code of Fed- mittee on Transportation and Infrastruc- contribution basis. eral Regulations (or any successor regula- ture; and ‘‘(5) RULE OF CONSTRUCTION.—Nothing in tion), and the limitations on the use of land (C) the Secretary of the Interior. this subsection shall be construed or inter- provided assistance under the Land and (2) FORCE OF LAW.—The maps and legal de- preted to preclude the use of funds under this Water Conservation Fund Act of 1965 (16 scriptions filed under paragraph (1) shall section by the Secretary for interim or long- U.S.C. 460l-4 et seq.), the real property to be have the same force and effect as if included term Internet Protocol-based interoperable conveyed under this section may be con- in this Act, except that the Commandant solutions, notwithstanding compliance with verted to a use other than a public outdoor may correct typographical errors in the the Project 25 standard.’’. recreation use. maps and each legal description. (c) PROVISION OF REPLACEMENT FACILI- SEC. 809. DEFINITIONS. (3) PUBLIC AVAILABILITY.—Each map and TIES.— In this title: legal description filed under paragraph (1) (1) IN GENERAL.—As consideration for the (1) COMMANDANT.—The term ‘‘Com- shall be on file and available for public in- conveyance authorized by subsection (a), the mandant’’ means the Commandant of the spection in the appropriate office of the De- County— Coast Guard. partment of the Interior. (A) may, at its expense design and con- (2) ESPECIALLY HAZARDOUS CARGO.—The (d) USE OF COAST GUARD AIDS TO NAVIGA- struct the replacement facilities for the term ‘‘especially hazardous cargo’’ means TION.—The Coast Guard may retain ease- Coast Guard to replace the facilities con- any substance identified by the Secretary of ments, or other property interests as may be veyed under that subsection; the department in which the Coast Guard is necessary, across the property described in (B) may design and construct the replace- operating as especially hazardous cargo. subsection (c) for access to aids to naviga- ment facilities to the specifications of the tion located on the lands so long as such aids (3) SECRETARY.—The term ‘‘Secretary’’ Commandant; and may be required by the Coast Guard. means the Secretary of the department in (C) may construct the replacement facili- (e) MAINTENANCE OF CAPE ARAGO LIGHT which the Coast Guard is operating. ties upon a parcel of real property deter- STATION.— TITLE IX—MISCELLANEOUS PROVISIONS mined by the Commandant to be an appro- (1) The conveyance of Cape Arago Light SEC. 901. MARINE MAMMALS AND SEA TURTLES priate location for the replacement facili- Station on Chief’s Island by the Coast Guard REPORT. ties; and shall be made on condition that the Confed- (a) IN GENERAL.—Not later than 1 year (2) shall convey to the United States all erated Tribes of the Coos, Lower Umpqua after the date of enactment of this Act, and right, title, and interest in and to the re- and Siuslaw Indians shall— annually thereafter, the Secretary of the de- placement facilities and the parcel of real (A) use and make reasonable efforts to partment in which the Coast Guard is oper- property on which the facilities are located. maintain the Cape Arago Light Station in ating shall provide a report to the Senate (d) MEMORANDUM OF AGREEMENT.—The accordance with the National Historic Pres- Committee on Commerce, Science, and County and the Commandant may enter into ervation Act (16 U.S.C. 470 et seq.), the Sec- Transportation and the House of Representa- a memorandum of agreement to effectuate retary of the Interior’s Standards for the tives Committee on Transportation and In- the transactions authorized by this section. Treatment of Historic Properties set forth in frastructure on Coast Guard activities with (e) ADDITIONAL TERMS AND CONDITIONS.— part 68 of title 36, Code of Federal Regula- respect to the protection of marine mam- The Commandant may require such additions, and other applicable laws, and submit mals and sea turtles under United States tional terms and conditions in connection any proposed changes to the Cape Arago statutes and international agreements. with the conveyance under subsection (a) as Light Station for review and approval by the (b) REQUIRED CONTENT.—The Secretary the Commandant considers appropriate to Secretary of the Interior in consultation shall include in the report, at a minimum— protect the interests of the United States. with the Oregon State Historic Preservation (1) a detailed summary of actions that the (f) LIMITATION.—Nothing in this section Officer, for consistency with section Coast Guard has undertaken annually from compels the County or the Commandant to 800.5(a)(2)(vii) of title 36, Code of Federal fiscal year 2000 through fiscal year 2007 with execute a memorandum of agreement or Regulations, and the Secretary of the Inte- respect to enforcement efforts, and coopera- deed, except upon such terms and conditions rior’s Standards for Rehabilitation, set forth

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10169 in part 67.7 of title 36, Code of Federal Regu- (2) shelter all current aircraft assets and the Lens and Lighthouse as a Class I private lations; those projected to be located at Air Station aid to navigation pursuant to section 85 of (B) make the Cape Arago Light Station Barbers Point, Hawaii, over the next 20 title 14, United States Code, and the applica- available for education, park, recreation, years. ble regulations under that section. cultural, or historic preservation purposes SEC. 908. CONVEYANCE OF DECOMMISSIONED (3) CONVEYANCE OF LENS.—Upon the certifi- for the general public at reasonable times COAST GUARD CUTTER STORIS. cation of the Commandant that the Town- and under reasonable conditions; (a) IN GENERAL.—Upon the scheduled de- ship has installed the Lens in the Lighthouse (C) not sell, convey, assign, exchange, or commissioning of the Coast Guard Cutter and is able to operate the Lens and Light- encumber the Cape Arago Light Station, any STORIS, the Commandant of the Coast house as a private aid to navigation as re- part thereof, or any associated historic arti- Guard shall convey, without consideration, quired by paragraph (2), the Commandant fact conveyed in conjunction with the trans- all right, title, and interest of the United shall convey to the Township all right, title, fer under this section unless such sale, con- States in and to that vessel to the USCG and interest of the United States in and to veyance, assignment, exchange, or encum- Cutter STORIS Museum and Maritime Edu- the Lens. brance is approved by Secretary of the Inte- cation Center, LLC, located in the State of (4) CESSATION OF UNITED STATES OPER- rior; Alaska if the recipient— ATIONS OF AIDS TO NAVIGATION AT LIGHT- (D) not conduct any commercial activities (1) agrees— HOUSE.—Upon the making of the certifi- at the Cape Arago Light Station, any part (A) to use the vessel for purposes of a mu- cation described in paragraph (3), all active thereof, or in connection with any historic seum and historical display; Federal aids to navigation located at the artifact conveyed in conjunction with the (B) not to use the vessel for commercial Lighthouse shall cease to be operated and transfer under this section in any manner, transportation purposes; maintained by the United States. unless such commercial activities are ap- (C) to make the vessel available to the (b) REVERSION.— proved by the Secretary of the Interior; and United States Government if needed for use (1) REVERSION FOR FAILURE OF AID TO NAVI- (E) allow the United States, at any time, by the Commandant in time of war or a na- GATION.—If the Township does not comply to enter the Cape Arago Light Station with- tional emergency; and with the condition set forth in subsection out notice, for purposes of ensuring compli- (D) to hold the Government harmless for (a)(2) within the time specified in that sub- ance with this section, to the extent that it any claims arising from exposure to haz- section, the Township shall, except as pro- is not possible to provide advance notice. ardous materials, including asbestos and pol- vided in paragraph (2), return the Lens to the (2) The Cape Arago Light Station, or any ychlorinated biphenyls, after conveyance of Commandant at no cost to the United States associated historic artifact conveyed in con- the vessel, except for claims arising from the and under such conditions as the Com- junction with the transfer under this sec- use by the Government under subparagraph mandant may require. tion, at the option of the Secretary of the In- (C); (2) EXCEPTION FOR HISTORICAL PRESERVA- terior, shall revert to the United States and (2) has funds available that will be com- TION.—Notwithstanding the lack of compli- be placed under the administrative control mitted to operate and maintain in good ance of the Township as described in para- of the Secretary of the Interior if the Confed- working condition the vessel conveyed, in graph (1), the Township may retain posses- erated Tribes of the Coos, Lower Umpqua, the form of cash, liquid assets, or a written sion of the Lens for installation as an arti- and Siuslaw Indians fail to meet any condi- loan commitment and in an amount of at fact in, at, or near the Lighthouse upon the tion described in paragraph (1). least $700,000; and approval of the Commandant. The Lens shall (f) TRIBAL FISHING RIGHTS.—No fishing (3) agrees to any other conditions the Com- be retained by the Township under this para- right of the Confederated Tribes of the Coos, mandant considers appropriate. graph under such conditions for the preser- Lower Umpqua, and Siuslaw Indians in exist- (b) MAINTENANCE AND DELIVERY OF VES- vation and conservation of the Lens as the ence on the date of enactment of this Act SEL.— Commandant shall specify for purposes of shall be enlarged, impaired, or otherwise af- (1) MAINTENANCE.—Before conveyance of this paragraph. Installation of the Lens fected by the transfer under this section. the vessel under this section, the Com- under this paragraph shall occur, if at all, SEC. 904. DATA. mandant shall make, to the extent practical not later than two years after the date of the In each of fiscal years 2008 through 2010, and subject to other Coast Guard mission re- transfer of the Lens to the Township under there are authorized to be appropriated to quirements, every effort to maintain the in- subsection (a)(1). the Administrator of the National Oceanic tegrity of the vessel and its equipment until (3) REVERSION FOR FAILURE OF HISTORICAL and Atmospheric Administration $7,000,000 to the time of delivery. PRESERVATION.—If retention of the Lens by acquire through the use of unmanned aerial (2) DELIVERY.—If a conveyance is made the Township is authorized under paragraph vehicles data to improve the management of under this section, the Commandant shall (2) and the Township does not install the natural disasters, the safety of marine and deliver the vessel— Lens in accordance with that paragraph aviation transportation, and fisheries en- (A) at the place where the vessel is located; within the time specified in that paragraph, forcement. and the Township shall return the lens to the SEC. 905. EXTENSION. (B) without cost to the Government. Coast Guard at no cost to the United States Section 607 of the Coast Guard and Mari- (3) TREATMENT OF CONVEYANCE.—The con- and under such conditions as the Com- time Transportation Act of 2006 is amended— veyance of the vessel under this section shall mandant may require. (1) by striking ‘‘2007’’ in subsection (h) and not be considered a distribution in commerce (c) CONVEYANCE OF ADDITIONAL PERSONAL inserting ‘‘2012’’; and for purposes of section 6(e) of Public Law 94– PROPERTY.— (2) by striking ‘‘terminate’’ and all that 469 (15 U.S.C. 2605(e)). (1) TRANSFER AND CONVEYANCE OF PERSONAL follows in subsection (i) and inserting ‘‘ter- (c) OTHER EXCESS EQUIPMENT.—The Com- PROPERTY.—Notwithstanding any other pro- minate on September 30, 2012.’’. mandant may convey to the recipient of a vision of law, the Commandant may transfer SEC. 906. FORWARD OPERATING FACILITY. conveyance under subsection (a) any excess to the Township any additional personal Not later than 180 days after the date of equipment or parts from other decommis- property of the United States related to the enactment of this Act, the Secretary of the sioned Coast Guard vessels for use to en- Lens that the Commandant considers appro- department in which the Coast Guard is op- hance the operability and function of the priate for conveyance under this section. If erating may construct or lease hangar, vessel conveyed under subsection (a) for pur- the Commandant conveys the Lens to the berthing, and messing facilities in the Aleu- poses of a museum and historical display. Township under subsection (a)(3), the Com- tian Island–Bering Sea operating area. These SEC. 909. CONVEYANCE OF THE PRESQUE ISLE mandant may convey to the Township any facilities shall— LIGHT STATION FRESNEL LENS TO personal property previously transferred to (1) support aircraft maintenance, including PRESQUE ISLE TOWNSHIP, MICHI- the Township under this subsection. exhaust ventilation, heat, engine wash sys- GAN. (2) REVERSION.—If the Lens is returned to tem, head facilities, fuel, ground support (a) CONVEYANCE OF LENS AUTHORIZED.— the Coast Guard pursuant to subsection (b), services, and electrical power; and (1) TRANSFER OF POSSESSION.—Notwith- the Township shall return to the Coast (2) shelter for both current helicopter as- standing any other provision of law, the Guard all personal property transferred or sets and those projected to be located at Air Commandant of the Coast Guard may trans- conveyed to the Township under this sub- Station Kodiak, Alaska for up to 20 years. fer to Presque Isle Township, a township in section except to the extent otherwise ap- SEC. 907. ENCLOSED HANGAR AT AIR STATION Presque Isle County in the State of Michigan proved by the Commandant. BARBERS POINT, HAWAII. (in this section referred to as the ‘‘Town- (d) CONVEYANCE WITHOUT CONSIDERATION.— Not later than 180 days after the date of ship’’), possession of the Historic Fresnel The conveyance of the Lens and any personal enactment of this Act, the Secretary of the Lens (in this section referred to as the property under this section shall be without department in which the Coast Guard is op- ‘‘Lens’’) from the Presque Isle Light Station consideration. erating may construct an enclosed hangar at Lighthouse, Michigan (in this section re- (e) DELIVERY OF PROPERTY.—The Com- Air Station Barbers Point, Hawaii. The ferred to as the ‘‘Lighthouse’’). mandant shall deliver property conveyed hangar shall— (2) CONDITION.—As a condition of the trans- under this section— (1) support aircraft maintenance, including fer of possession authorized by paragraph (1), (1) at the place where such property is lo- exhaust ventilation, heat, engine wash sys- the Township shall, not later than one year cated on the date of the conveyance; tem, head facilities, fuel, ground support after the date of transfer, install the Lens in (2) in condition on the date of conveyance; services, and electrical power; and the Lighthouse for the purpose of operating and

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10170 CONGRESSIONAL RECORD — SENATE July 26, 2007 (3) without cost to the United States. fishing vessel operating in Alaskan waters lete vessels owned or operated by Federal (f) MAINTENANCE OF PROPERTY.—As a con- under a permit or license issued by Alaska agencies; dition of the conveyance of any property to that— (2) examine Federal and State laws and the Township under this section, the Com- (A) fillets only salmon taken by that ves- regulations governing such policies, proce- mandant shall enter into an agreement with sel; dures, and practices and any applicable envi- the Township under which the Township (B) fillets less than 5 metric tons of such ronmental laws; and agrees— salmon during any 7-day period.’’. (3) within 90 days after the date of enact- (1) to operate the Lens as a Class I private SEC. 913. RIGHT OF FIRST REFUSAL FOR COAST ment of this Act, submit a plan to the Sen- aid to navigation under section 85 of title 14, GUARD PROPERTY ON JUPITER IS- ate Committee on Commerce, Science, and United States Code, and application regula- LAND, FLORIDA. Transportation, the Senate Committee on tions under that section; and (a) RIGHT OF FIRST REFUSAL.—Notwith- Environment and Public Works, and the (2) to hold the United States harmless for standing any other law (other than this sec- House of Representatives Committee on any claim arising with respect to personal tion), the Town of Jupiter Island, Florida, Armed Services to improve and harmonize property conveyed under this section. shall have the right of first refusal to select practices for storage and disposal of such (g) LIMITATION ON FUTURE CONVEYANCE.— and take without consideration fee simple vessels, including the interim transportation The instruments providing for the convey- title to real property within the jurisdiction of such vessels. ance of property under this section shall— of the Town comprising Parcel #35-38-42-004- (d) CONTENTS OF PLAN.—The working group (1) require that any further conveyance of 000-02590-6 (Bon Air Beach lots 259 and 260 lo- shall include in the plan submitted under an interest in such property may not be cated at 83 North Beach Road) and Parcel subsection (c)(3)— made without the advance approval of the #35-38-42-004-000-02610-2 (Bon Air Beach lots (1) a description of existing measures for Commandant; and 261 to 267), including any improvements the storage, disposal, and interim transpor- (2) provide that, if the Commandant deter- thereon that are not authorized or required tation of obsolete vessels owned or operated mines that an interest in such property was by another provision of law to be conveyed by Federal agencies in compliance with Fed- conveyed without such approval— to another person. eral and State environmental laws in a man- (A) all right, title, and interest in such (b) IDENTIFICATION OF PROPERTY.—The ner that protects the environment; property shall revert to the United States, Commandant of the Coast Guard may iden- (2) a description of Federal and State laws and the United States shall have the right to tify, describe, and determine the property re- and regulations governing current policies, immediate possession of such property; and ferred to in subsection (a) that is subject to procedures, and practices for the storage, (B) the recipient of such property shall pay the right of the Town under that subsection. disposal, and interim transportation of such the United States for costs incurred by the (c) LIMITATION.—The property referred to vessels; United States in recovering such property. in subsection (a) may not be conveyed under (3) recommendations for environmental (h) ADDITIONAL TERMS AND CONDITIONS.— that subsection until the Commandant of the best practices that meet or exceed, and har- The Commandant may require such addi- Coast Guard determines that the property is monize, the requirements of Federal environ- tional terms and conditions in connection not needed to carry out Coast Guard oper- mental laws and regulations applicable to with the conveyances authorized by this sec- ations. the storage, disposal, and interim transpor- tion as the Commandant considers appro- (d) REQUIRED USE.—Any property conveyed tation of such vessels; priate to protect the interests of the United under this section shall be used by the Town (4) recommendations for environmental States. of Jupiter Island, Florida, solely for con- best practices that meet or exceed the reservation of habitat and as protection quirements of State laws and regulations ap- SEC. 910. REPEALS. against damage from wind, tidal, and wave The following sections are repealed: plicable to the storage, disposal, and interim energy. transportation of such vessels; (1) Section 689 of title 14, United States (e) REVERSION.—Any conveyance of prop- Code, and the item relating to such section (5) procedures for the identification and re- erty under this section shall be subject to mediation of any environmental impacts in the analysis for chapter 18 of such title. the condition that all right, title, and inter- (2) Section 216 of title 14, United States caused by the storage, disposal, and interim est in the property, at the option of the Com- transportation of such vessels; and Code, and the item relating to such section mandant of the Coast Guard, shall revert to in the analysis for chapter 11 of such title. (6) recommendations for necessary steps, the United States Government if the prop- including regulations if appropriate, to en- SEC. 911. REPORT ON SHIP TRAFFIC. erty is used for purposes other than con- sure that best environmental practices apply (a) REPORT.—No later than 1 year after the servation. to all such vessels. date of enactment of this Act and annually (f) IMPLEMENTATION.—The Commandant of (e) IMPLEMENTATION OF PLAN.— thereafter, the Secretary of the department the Coast Guard shall upon request by the (1) IN GENERAL.—As soon as practicable in which the Coast Guard is operating shall Town— after the date of enactment of this Act, the provide a report to the Senate Committee on (1) promptly take those actions necessary head of each Federal department or agency Commerce, Science, and Transportation and to make property identified under subsection participating in the working group, in con- the House of Representatives Committee on (b) and determined by the Commandant sultation with the other Federal depart- Transportation and Infrastructure on the under subsection (c) ready for conveyance to ments and agencies participating in the volume of foreign flag ships entering waters the Town; and working group, shall take such action as subject to the jurisdiction of the United (2) convey the property to the Town sub- may be necessary, including the promulga- States. The report may be submitted in clas- ject to subsections (d) and (e). tion of regulations, under existing authori- sified format if the Secretary deems it to be SEC. 914. SHIP DISPOSAL WORKING GROUP. ties to ensure that the implementation of necessary for national security. (a) IN GENERAL.—Within 30 days after the the plan provides for compliance with all (b) CONTENTS.—The report shall include a date of enactment of this Act, the Secretary Federal and State laws and for the protec- breakdown of the number or percentage of of Transportation shall convene a working tion of the environment in the storage, in- such foreign flag ships that— group, composed of senior representatives terim transportation, and disposal of obso- (1) enter a United States port or place; from the Maritime Administration, the lete vessels owned or operated by Federal (2) do not enter a United States port or Coast Guard, the Environmental Protection agencies. place but pass through the territorial sea of Agency, the National Oceanic and Atmos- (2) ARMED SERVICES VESSELS.—The Sec- the United States; or pheric Administration, and the United retary and the Secretary of Defense, in con- (3) do not enter a United States port or States Navy. The Secretary may request the sultation with the Administrator of the En- place but pass only through the exclusive participation of senior representatives of any vironmental Protection Agency, shall each economic zone of the United States. other Federal department or agency, as ap- ensure that environmental best practices are (c) DEFINITIONS.—In this section: propriate, and shall consult with appropriate observed with respect to the storage, dis- (1) EXCLUSIVE ECONOMIC ZONE.—The term State environmental agencies. The working posal, and interim transportation of obsolete ‘‘exclusive economic zone’’ means the Exclu- group shall review and make recommenda- vessels owned or operated by the Department sive Economic Zone of the United States es- tions on environmental practices for the of Defense. tablished by Proclamation Number 5030, storage and disposal of obsolete vessels (f) RULE OF CONSTRUCTION.—Nothing in this dated March 10, 1983 (16 U.S.C. 1453 note). owned or operated by the Federal Govern- section shall be construed to supersede, (2) TERRITORIAL SEA.—The term ‘‘terri- ment. limit, modify, or otherwise affect any other torial sea’’ means the waters of the Terri- (b) SCOPE.—Among the vessels to be con- provision of law, including environmental torial Sea of the United States under Presi- sidered by the working group are Federally law. dential Proclamation 5928, dated December owned or operated vessels that are— SEC. 915. FULL MULTI-MISSION RESPONSE STA- 27, 1988 (43 U.S.C. 1331 note). (A) to be scrapped or recycled; TION IN VALDEZ, ALASKA. SEC. 912. SMALL VESSEL EXCEPTION FROM DEFI- (B) to be used as artificial reefs; or Not later than 180 days after the date of NITION OF FISH PROCESSING VES- (C) to be used for the Navy’s SINKEX pro- enactment of this Act, the Secretary of the SEL. gram. department in which the Coast Guard is op- Section 2101(11b) of title 46, United States (c) PURPOSE.—The working group shall— erating may construct a full multi-mission Code, is amended by striking ‘‘chilling.’’ and (1) examine current storage and disposal Coast Guard Response Station in Valdez, inserting ‘‘chilling, but does not include a policies, procedures, and practices for obso- Alaska. The Station shall include shore and

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maintenance infrastructure facilities to sup- ‘‘(3) RECEIPTS.—Notwithstanding any other ‘‘(1) ABANDONS; ABANDONED.—The term port all current and projected Coast Guard provision of law, the Fund shall be author- ‘abandons’ or ‘abandoned’ means a ship- waterborne security forces to be located in ized to receive— owner’s unilateral severance of ties with a Valdez, Alaska, over the next 20 years. ‘‘(A) amounts reimbursed or recovered pur- seafarer or the shipowner’s failure to provide SEC. 916. PROTECTION AND FAIR TREATMENT OF suant to subsection (c) of this section; necessary support of a seafarer; SEAFARERS. ‘‘(B) amounts appropriated to the Fund ‘‘(2) BOND OR SURETY SATISFACTORY.—The (a) IN GENERAL.—Chapter 5 of title 14, pursuant to subsection (f) of this section; term ‘bond or surety satisfactory’ means a United States Code, is amended by inserting and negotiated instrument, the terms of which after section 89 the following: ‘‘(C) appropriations available to the Sec- may, at the discretion of the Secretary, in- ‘‘§ 89a. Protection and fair treatment of sea- retary for transfer. clude provisions that require the shipowner farers ‘‘(4) LIMITATION ON CERTAIN CREDITS.—The to— ‘‘(a) AUTHORITY OF THE SECRETARY.— Fund may receive credits pursuant to para- ‘‘(A) provide necessary support of a sea- ‘‘(1) IN GENERAL.—The Secretary is author- graph (3)(A) of this subsection only when the farer who has or may have information perti- ized— unobligated balance of the Fund is less than nent to an investigation, reporting, docu- ‘‘(A) to require a bond or surety satisfac- $5,000,000. mentation, or adjudication of any matter tory as an alternative to withholding or re- ‘‘(5) REPORT REQUIRED.— that is related to the administration or en- voking clearance required under section ‘‘(A) Except as provided in subparagraph forcement of any treaty, law, or regulation 60105 of title 46 if, in the opinion of the Sec- (B) of this paragraph, the Secretary shall not by the Coast Guard; retary, such bond or surety satisfactory is obligate any amount in the Fund in a given ‘‘(B) facilitate an investigation, reporting, necessary to facilitate an investigation, re- fiscal year unless the Secretary has sub- documentation, or adjudication of any mat- porting, documentation, or adjudication of mitted to Congress, concurrent with the ter that is related to the administration or any matter that is related to the administra- President’s budget submission for that fiscal enforcement of any treaty, law, or regulation or enforcement of any treaty, law, or year, a report that describes— tion by the Coast Guard; regulation by the Coast Guard, provided that ‘‘(i) the amounts credited to the Fund, pur- ‘‘(C) stipulate to certain incontrovertible corporate sureties underwriting any such suant to paragraph (3) of this section, for the facts, including, but not limited to, the own- bonds be certified by the Department of the preceding fiscal year; ership or operation of the vessel, or the au- Treasury to write Federal bonds under sec- ‘‘(ii) a detailed description of the activities thenticity of documents and things from the tions 9304 and 9305 of title 31; for which amounts were charged; and vessel; ‘‘(B) at the discretion of the Secretary, to ‘‘(iii) the projected level of expenditures ‘‘(D) facilitate service of correspondence pay, in whole or in part, without further ap- from the Fund for the coming fiscal year, and legal papers; propriation and without fiscal year limita- based on— ‘‘(E) enter an appearance in Federal dis- tion, from amounts in the Fund, necessary ‘‘(I) on-going activities; and trict court; support of— ‘‘(II) new cases, derived from historic data. ‘‘(F) comply with directions regarding pay- ‘‘(i) any seafarer who enters, remains, or ‘‘(B) The limitation in subparagraph (A) of ment of funds; has been paroled into the United States and this paragraph shall not apply to obligations ‘‘(G) name an agent in the United States is involved in an investigation, reporting, during the first fiscal year during which for service of process; documentation, or adjudication of any mat- amounts are credited to the Fund. ‘‘(H) make stipulations as to the authen- ter that is related to the administration or ‘‘(6) FUND MANAGER.—The Secretary shall ticity of certain documents in Federal dis- enforcement of any treaty, law, or regula- designate a Fund manager, who shall— trict court; tion by the Coast Guard; and ‘‘(A) ensure the visibility and account- ‘‘(I) provide assurances that no discrimina- ‘‘(ii) any seafarer whom the Secretary ability of transactions utilizing the Fund; tory or retaliatory measures will be taken finds to have been abandoned in the United ‘‘(B) prepare the report required pursuant against a seafarer involved in an investiga- States; and to paragraph (5) of this subsection; and tion, reporting, documentation, or adjudica- ‘‘(C) at the sole discretion of the Secretary, ‘‘(C) monitor the unobligated balance of tion of any matter that is related to the ad- to reimburse, in whole or in part, without the Fund and provide notice to the Secretary ministration or enforcement of any treaty, further appropriation and without fiscal year and the Attorney General whenever the un- law, or regulation by the Coast Guard; limitation, from amounts in the Fund, a obligated balance of the Fund is less than ‘‘(J) provide financial security in the form shipowner, who has filed a bond or surety $5,000,000. of cash, bond, or other means acceptable to satisfactory pursuant to subparagraph (A) of ‘‘(c) REIMBURSEMENTS— the Secretary; and this paragraph and provided necessary sup- ‘‘(1) RECOVERY.—Any shipowner— ‘‘(K) provide for any other appropriate port of a seafarer who has been paroled into ‘‘(A)(i) who, during the course of an inves- measures as the Secretary deems necessary the United States to facilitate an investiga- tigation, reporting, documentation, or adju- to ensure the Government is not prejudiced tion, reporting, documentation, or adjudica- dication of any matter that the Coast Guard by granting the clearance required by section of any matter that is related to the ad- referred to a United States Attorney or the tion 60105 of title 46. ministration or enforcement of any treaty, Attorney General, fails to provide necessary ‘‘(3) FUND.—The term ‘Fund’ means the law, or regulation by the Coast Guard, for support of a seafarer who has been paroled Support of Seafarers Fund, established by costs of necessary support, when the Sec- into the United States to facilitate the in- subsection (b); retary deems reimbursement necessary to vestigation, reporting, documentation, or ad- ‘‘(4) NECESSARY SUPPORT.—The term ‘nec- avoid serious injustice. judication, and essary support’ means normal wages, lodg- ‘‘(2) APPLICATION.—The authority to re- ‘‘(ii) against whom a criminal penalty is ing, subsistence, clothing, medical care (inquire a bond or a surety satisfactory or to re- subsequently imposed, or cluding hospitalization), repatriation, and quest the withholding or revocation of the ‘‘(B) who, under any circumstance, aban- any other expense the Secretary deems ap- clearance required under section 60105 of dons a seafarer in the United States, as de- propriate; title 46 is applicable to any investigation, re- termined by the Secretary, ‘‘(5) SEAFARER.—The term ‘seafarer’ means porting, documentation, or adjudication of shall reimburse the Fund an amount equal to an alien crewman who is employed or en- any matter that is related to the administra- the total amount paid from the Fund for nec- gaged in any capacity on board a vessel sub- tion or enforcement of any treaty, law, or essary support of the seafarer, plus a sur- ject to the jurisdiction of the United States; regulation by the Coast Guard. charge of 25 per cent of such total amount. ‘‘(6) SHIPOWNER.—The term ‘shipowner’ ‘‘(3) LIMITATIONS.—Nothing in this section ‘‘(2) ENFORCEMENT.—If a shipowner fails to means the individual or entity that owns, shall be construed— reimburse the Fund as required under para- has an ownership interest in, or operates a ‘‘(A) to create a right, benefit, or entitle- graph (1) of this subsection, the Secretary vessel subject to the jurisdiction of the ment to necessary support; or may— United States; ‘‘(B) to compel the Secretary to pay, or re- ‘‘(A) proceed in rem against any vessel of ‘‘(7) VESSEL SUBJECT TO THE JURISDICTION imburse the cost of, necessary support. the shipowner in the Federal district court OF THE UNITED STATES.—The term ‘vessel ‘‘(b) FUND.— for the district in which such vessel is found; subject to the jurisdiction of the United ‘‘(1) IN GENERAL.—There is established in and States’ has the same meaning it has in sec- the Treasury a special fund known as the ‘‘(B) withhold or revoke the clearance, re- tion 70502(c) of title 46, except that it ex- ‘Support of Seafarers Fund’. quired by section 60105 of title 46, of any ves- cludes a vessel owned or bareboat chartered ‘‘(2) AVAILABILITY.—The amounts covered sel of the shipowner wherever such vessel is and operated by the United States, by a into the Fund shall be available to the Sec- found. State or political subdivision thereof, or by a retary, without further appropriation and ‘‘(3) CLEARANCE.—Whenever clearance is foreign nation, except when such vessel is without fiscal year limitation— withheld or revoked pursuant to paragraph engaged in commerce. ‘‘(A) to pay necessary support, pursuant to (2)(B) of this subsection, clearance may be ‘‘(e) REGULATIONS.—The Secretary is au- subsection (a)(1)(B) of this section; and granted if the shipowner reimburses the thorized to promulgate regulations to imple- ‘‘(B) to reimburse a shipowner for nec- Fund the amount required under paragraph ment this subsection. essary support, pursuant to subsection (1) of this subsection. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (a)(1)(C) of this section. ‘‘(d) DEFINITIONS.—In this section: There are authorized to be appropriated to

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10172 CONGRESSIONAL RECORD — SENATE July 26, 2007 the Fund $1,500,000 for each of fiscal years and the Committee on Transportation and In today’s post-9/11 world, the men 2009, 2010, and 2011.’’. Infrastructure of the House of Representa- and women of the Coast Guard have (b) CLERICAL AMENDMENT.—The chapter tives. been working harder than ever secur- analysis for chapter 5 of such title is amend- (2) REQUIREMENTS.—The project proposal ing the nation’s coastline, waterways, ed by inserting after the item relating to report shall— section 89 the following: (A) evaluate the most cost-effective meth- and ports. This rapid escalation of the Coast Guard’s homeland security mis- ‘‘89a. Protection and fair treatment of sea- od for providing shore facilities to meet the farers’’. operational requirements of Sector Buffalo; sion catalogue continues today. While SEC. 917. ICEBREAKERS. (B) determine the feasibility of consoli- our new reality requires the Coast (a) IN GENERAL.—The Secretary of the de- dating and relocating shore facilities on a Guard to maintain a robust homeland partment in which the Coast Guard is oper- portion of the existing site, while— security posture, these new priorities ating shall acquire or construct 2 polar ice- (i) meeting the operational requirements must not diminish the Coast Guard’s breakers for operation by the Coast Guard in of Sector Buffalo; and focus on its traditional missions such addition to its existing fleet of polar ice- (ii) allowing the expansion of operational as marine safety, search and rescue, breakers. requirements of Sector Buffalo; and (C) contain a preliminary plan for the de- aids to navigation, fisheries law en- (b) NECESSARY MEASURES.—The Secretary forcement, and marine environmental shall take all necessary measures, including sign, engineering, and construction of the proposed project, including— protection. the provision of necessary operation and The bill we introduce today would maintenance funding, to ensure that— (i) the estimated cost of the design, engi- (1) the Coast Guard maintains, at a min- neering, and construction of the proposed authorize funding at $8.3 billion for fis- imum, its current vessel capacity for car- project; cal year 2008. This authorization will rying out ice breaking in the Arctic and Ant- (ii) an anticipated timeline of the proposed continue to allow the Coast Guard to arctic, Great Lakes, and New England re- project; and perform non-homeland security mis- gions; and (iii) a description of what Federal lands, if sions such as search and rescue, fish- any, shall be considered excess to Coast (2) any such vessels that are not fully oper- eries enforcement, and marine environ- ational are brought up to, and maintained at Guard needs. (d) LIMITATION.—Nothing in this section mental protection, as well as fund the full operational capability. necessary missions related to ports, (c) REIMBURSEMENT.—Nothing in this sec- shall affect the current administration and tion shall preclude the Secretary from seek- management of the study area. waterways, and coastal security. It ing reimbursement for operation and main- SEC. 920. INSPECTOR GENERAL REPORT ON also includes funding to allow the serv- tenance costs of such polar icebreakers from COAST GUARD DIVE PROGRAM. ice to continue replacing its rapidly other Federal agencies and entities, includ- (a) INSPECTOR GENERAL REPORT.—Within 1 aging assets so it can increase effi- ing foreign countries, that benefit from the year after the date of enactment of this Act, ciency of its actions and reap the bene- use of the icebreakers. the Inspector General of the Department of fits of advances of modern technology (d) AUTHORIZATION OF APPROPRIATIONS.— Homeland Security shall submit a report to the Senate Committee on Commerce, and engineering. There are authorized to be appropriated for The Coast Guard’s rapid operational fiscal year 2008 to the Secretary of the de- Science, and Transportation and the House partment in which the Coast Guard is oper- of Representatives Committee on Transpor- escalation has taken a significant toll ating such sums as may be necessary to ac- tation and Infrastructure on the cir- on the ships, boats, and aircraft that quire the icebreakers authorized by sub- cumstances surrounding the accidental the Coast Guard uses on a daily basis, section (a), as well as maintaining and oper- death of Coast Guard crew members on a putting additional strain on vessels ating the icebreaker fleet as authorized in training dive while serving aboard the Coast that already collectively comprise the subsection (b). Guard icebreaker HEALY on August 17, 2006. world’s third oldest navel fleet. The The Inspector General shall include in the SEC. 918. FUR SEAL ACT AUTHORIZATION. Coast Guard is now 5 years into the ac- Section 206(c)(1) of the Fur Seal Act of 1966 report— (1) a description of programmatic changes quisition phase of a program designed (16 U.S.C. 1166(c)(1)) is amended by striking to recapitalize its aging infrastructure ‘‘and 2007’’ and inserting ‘‘2007, 2008, and made by the Coast Guard in its dive program 2009’’. in response to the accident; the Integrated Deepwater Program. In (2) an evaluation of whether those changes recent months, we have heard a litany SEC. 919. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO FACILI- are effective and are sufficient to prevent of bad news regarding Deepwater, from TIES. similar accidents; and the decommissioning of eight 123-foot (a) PURPOSES.—The purposes of this section (3) recommendations for further improve- patrol boats following a failed effort to ment in the safety of the dive program. are— extend them, to reports that (1) to authorize a project study to evaluate (b) HILL-DUQUE COAST GUARD DIVE PRO- GRAM REPORT.—Within 6 months after the Deepwater’s flagship, the National Se- the feasibility of consolidating and relo- curity Cutter, will not meet the speci- cating Coast Guard facilities at Coast Guard date of enactment of this Act, the Inspector Sector Buffalo within the study area; General shall submit an interim report to fications required by the Coast Guard. (2) to obtain a preliminary plan for the de- the Committees describing the progress The service has taken numerous steps sign, engineering, and construction for the made in preparing the report required by to rectify contractual shortcomings consolidation of Coast Guard facilities at subsection (a). that have led to many of these prob- Sector Buffalo; and Ms. SNOWE. Mr. President, as Rank- lems, but much work remains to be (3) to distinguish what Federal lands, if ing Member on the Coast Guard’s over- done before the Coast Guard can regain any, shall be identified as excess after the sight subcommittee, I am pleased the confidence of its overseers and the consolidation. today to co-sponsor the Coast Guard American public. This bill authorizes (b) DEFINITIONS.—In this section: Authorization Act for fiscal year 2008. (1) COMMANDANT.—The term ‘‘Com- nearly $1 billion for Coast Guard acqui- mandant’’ means the Commandant of the The Coast Guard serves as the guard- sitions programs, a large sum to be Coast Guard. ian of our maritime homeland security sure. But Senator CANTWELL and I, and (2) SECTOR BUFFALO.—The term ‘‘Sector and provides many critical services for the rest of the Coast Guard’s oversight Buffalo’’ means Coast Guard Sector Buffalo our nation. Last year alone, the Coast subcommittee will closely monitor de- of the Ninth Coast Guard District. Guard responded to over 28,000 calls for velopments with the program to ensure (3) STUDY AREA.—The term ‘‘study area’’ assistance, and saved nearly 5,300 lives. that the mistakes of Deepwater’s past means the area consisting of approximately These brave men and women risk their 31 acres of real property and any improve- are not carried over into its future. ments thereon that are commonly identified lives to defend our borders from drugs, This bill also includes a provision to as Coast Guard Sector Buffalo, located at 1 illegal immigrants, acts of terror, and increase the Coast Guard’s ability to Fuhrmann Boulevard, Buffalo, New York, other national security threats. In 2004, prosecute those engaged in illegal alien and under the administrative control of the the Coast Guard seized 287,000 pounds smuggling in the maritime environ- Coast Guard. of cocaine, including over 20 tons in a ment. Under current law and practice, (c) STUDY.— single interdiction action, the largest individuals have to be seriously injured (1) IN GENERAL.—Within 12 months after drug bust ever recorded. They also or die in a maritime migrant smug- the date on which funds are first made avail- stopped nearly 8,000 illegal migrants gling event before the smugglers are able to carry out this section, the Com- mandant shall conduct a project proposal re- from reacting our shores. In addition faced with meaningful legal penalties. port of the study area and shall submit such they conducted 6,100 boardings to pro- This allows organized groups of experi- report to the Committee on Commerce, tect our vital fisheries stocks and they enced smugglers to operate with near Science, and Transportation of the Senate responded to 4,400 pollution incidents. impunity, facilitating the entry of

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10173 thousands of illegal immigrants annu- By Mr. BAUCUS: mary of the estimated change in enrollment ally. The Maritime Alien Smuggling S. 1893. An original bill to amend of children under the State Children’s Health Law Enforcement Act, contained with- title XXI of the Social Security Act to Insurance Program (SCHIP) and Medicaid. in this bill would close this serious reauthorize the State Children’s Health Projected spending would exceed estimated loophole at the frontline of our home- Insurance Program, and for other pur- on-budget revenue increases beginning in fis- land security efforts. poses; from the Committee on Finance; cal year 2015. Pursuant to section 203 of S. The bill also contains provisions placed on the calendar. Con. Res. 21, the Concurrent Resolution on vital to navigation security, including Mr. BAUCUS. Mr. President, I ask the Budget for Fiscal Year 2008, CBO esti- a requirement that the Coast Guard unanimous consent the following mate- mates that the changes in direct spending continue to operate the LORAN–C and revenues would cause an increase in the rial regarding today’s introduction of on-budget deficit greater than $5 billion in at navigation system. Though advances in S. 1893, the Children’s Health Insurance Global Positioning System technology least one of the 10-year periods between 2018 Program Reauthorization Act of 2007, and 2057. have allowed our mariners to receive be included in the RECORD, July 26, 2007 CBO has reviewed the non-tax provisions of accurate, timely positioning data, letter from the Congressional Budget many seafarers, particularly in the the bill—titles I through VI, excluding sec- Office; and Technical Summary of the tion 411, and title VII—for mandates and de- northern latitudes where GPS signals Children’s Health Insurance Program are less strong, still rely on LORAN termined that they contain no intergovern- Reauthorization Act of 2007. mental mandates as defined in the Unfunded signals as a back-up to their more mod- There being no objection, the mate- Mandates Reform Act (UMRA). The bill ern systems, or in some cases, as a pri- rial was ordered to be printed in the would affect the way states administer mary navigation aid. RECORD, as follows: SCHIP and Medicaid, but because of the The service men and women of the flexibility in those programs, the new re- U.S. CONGRESS, Coast Guard do yeoman’s work in sup- quirements would not be intergovernmental port of our homeland security and to CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 26, 2007. mandates as UMRA defines that term. In ensure the safety of the maritime do- Hon. MAX BAUCUS, general, state, local, and tribal governments main, and this bill also contains provi- Chairman Committee on Finance, would benefit from the continuation of exist- sions to help them in numerous ways. U.S. Senate, Washington, DC. ing SCHIP grants, the creation of new grant Provisions ensure the Government is DEAR MR. CHAIRMAN: The Congressional programs, and broader flexibility and options providing adequate access to medical Budget Office (CBO) and the Joint Com- in some programs. care for those stationed on remote is- mittee on Taxation (JCT) have prepared the According to JCT, the tax provisions of the lands; grants Coast Guard servicemen attached cost estimate for the Children’s bill contain no intergovernmental mandates and women access to the armed forces Health Insurance Program Reauthorization as defined in UMRA. JCT has determined retirement homes; and authorizes fund- Act of 2007, based on the legislative language that the tax provisions of the bill contain a (ERN07632) that was provided by the Com- ing for additional facilities to improve private-sector mandate, as defined in UMRA, mittee on Finance on July 26, 2007. by increasing the excise tax rate on ciga- their quality of life. CBO estimates that enacting this legisla- In sum, this bill contains provisions rettes and other tobacco products. The costs tion would increase federal direct spending of that mandate would be similar to the esti- too numerous to mention individually by $35.2 billion over the 2008–2012 period and mated budget effects of the provision (as that support the Coast Guard’s mis- by $71.0 billion over the 2008–2017 period. CBO shown in the attached table), and thus would sions and enhance its ability to safe- and JCT estimate that net revenues would significantly exceed the threshold estab- increase under the bill by $36.1 billion over guard our homeland, our environment, lished in UMRA for private-sector mandates the next five years and $72.8 billion over the and our maritime operations. I thank in each year (the threshold is $131 million in 10-year period. A portion of that increase Senator CANTWELL and the rest of my 2007, and is adjusted annually for inflation). fellow co-sponsors for all their hard would be in off-budget revenues: $0.8 billion work on this bill, and I ask my col- for the 2008–2012 period and $1.1 billion over If you wish further details on this esti- the 2008–2017 period. On balance, the spend- mate, we will be pleased to provide them. leagues in this body to join me in ex- ing and revenue changes would reduce fed- The CBO staff contacts are Eric Rollins and pressing support for the valiant men eral on-budget deficits by $0.1 billion Jeanne De Sa. and women of the Coast Guard and this through 2012 and $0.8 billion for the 2008–2017 Sincerely, bill that will facilitate execution of period. The two attached tables provide esti- PETER R. ORSZAG, their appointed missions. mates of year-by-year changes and a sum- Director. CBO’S ESTIMATE OF THE EFFECTS ON DIRECT SPENDING AND REVENUES OF THE CHILDREN’S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007 [Based on the legislative language ERN07632, provided by the Senate Committee on Finance on July 26, 2007] Figures are outlays, by fiscal year, in billions of dollars. Costs or savings of less than $50 million are shown with an asterisk. Components may not sum to totals because of rounding.

Section 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2008–12 2008–17

CHANGES IN DIRECT SPENDING SCHIP outlays from the funding provided in sections 101, 103, 104, and 105 of the bill: Benefits and administration costs ...... 2.2 3.8 5.5 6.5 7.4 ¥0.4 ¥1.8 ¥1.8 ¥1.7 ¥1.6 25.4 18.1 Incentive payments ...... 0 0.4 0.6 0.8 0.9 1.0 1.1 1.2 1.2 1.3 2.7 8.4 Subtotal ...... 2.2 4.1 6.1 7.2 8.4 0.6 ¥0.7 ¥0.6 ¥0.4 ¥0.3 28.1 26.5 Medicaid outlays due to interactions with the SCHIP outlays shown above ...... ¥0.3 0.3 1.2 1.6 1.8 4.5 6.0 7.1 7.7 8.4 4.7 38.4 Other changes in direct spending that are not included with the SCHIP and Medicaid totals above: 104 Additional administrative funding for territories ...... * * * * * * * * * * 0.1 0.1 105 Funding for improved reporting of Medicaid enrollment ...... * * 0 0 0 0 0 0 0 0 * * 108 Contingency fund ...... 0 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.3 1.1 201 Grants for outreach and enrollment ...... * * * * 0.1 * * * * * 0.2 0.4 203 Express Lane demonstration project ...... * * * * * 0 0 0 0 0 * * 301 Revise requirement to document citizenship ...... 0 0.3 0.3 0.4 0.4 0.4 0.4 0.5 0.5 0.6 1.4 3.7 501 Development of quality measures for child health ...... * 0.1 0.1 0.1 0.1 * * * * * 0.3 0.4 604 Additional funding for Current Population Survey ...... * * * * * * * * * * 0.1 0.1 608 Dental health grants ...... * 0.1 0.1 0.1 * 0 0 0 0 0 0.2 0.2 609 Transition grants for payment of FQHC / RHC services ...... * * 0 0 0 0 0 0 0 0 * * Subtotal ...... 0.1 0.5 0.6 0.6 0.6 0.7 0.7 0.7 0.8 0.8 2.4 6.1 Total changes in direct spending ...... 2.1 5.0 7.9 9.4 10.8 5.8 6.0 7.2 8.0 8.9 35.2 71.0 CHANGES IN REVENUES On-budget revenues: 701 Increased taxes on tobacco products ...... 6.2 7.6 7.4 7.3 7.3 7.2 7.1 7.1 7.0 6.9 35.7 71.1 703 Changed timing of corporate estimated tax payments ...... 0 0 0 0 ¥0.9 ¥0.9 0 0 0 0 ¥0.9 0 Effect of SCHIP provisions on on-budget revenues ...... * 0.1 0.1 0.1 0.1 0.1 * * * * 0.5 0.7 Subtotal ...... 6.2 7.7 7.5 7.4 6.5 8.2 7.2 7.1 7.0 7.0 35.3 71.7 Off-budget revenues (due to SCHIP provisions) ...... 0.1 0.2 0.2 0.2 0.2 0.1 * * * 0.1 0.8 1.1 Total changes in revenues ...... 6.3 7.8 7.7 7.6 6.7 8.3 7.2 7.1 7.1 7.0 36.1 72.8 Net budgetary effect of legislation: Direct spending and on-budget revenues ...... ¥4.2 ¥2.7 0.4 2.0 4.3 ¥2.4 ¥1.2 0.1 1.0 1.9 ¥0.1 ¥0.8 Direct spending and all revenues ...... ¥4.3 ¥2.8 0.2 1.3 4.1 ¥2.5 ¥1.2 * 0.9 1.8 ¥0.9 ¥1.8 Memorandum: SCHIP outlays under CBO’s baseline ...... 5.4 5.4 5.5 5.5 5.6 5.5 5.3 5.3 5.2 5.1 27.4 53.8 Additional SCHIP outlays under proposal ...... 2.3 4.3 6.2 7.4 8.5 0.7 ¥0.6 ¥0.5 ¥0.3 ¥0.2 28.6 27.9 Total SCHIP outlays under proposal ...... 7.7 9.7 11.7 12.9 14.1 6.2 4.7 4.8 4.9 5.0 56.1 81.7

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10174 CONGRESSIONAL RECORD — SENATE July 26, 2007 CBO’s ESTIMATE OF CHANGES IN SCHIP AND MEDICAID ENROLLMENT OF CHILDREN UNDER THE CHILDREN’S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007 (Based on the legislative language ERN07632, provided by the Senate Committee on Finance on July 26, 2007) All figures are average monthly enrollment, in millions of individuals. Components may not sum to totals because of rounding.

SCHIP a Medicaid b SCHIP/Medicaid total Enrollees Reduction in Reduction in Enrollees Reduction in Reduction in Reduction in Reduction in moved to the private Total moved to the private Total the private Total SCHIP uninsured coverage SCHIP uninsured coverage uninsured coverage

Fiscal Year 2012: CBO’s baseline projections ...... 3.3 ...... 25.0 ...... 28.3 Effect of providing funding to maintain current SCHIP programs ...... 0.6 0.8 0.5 1.9 ¥0.6 n.a. n.a. ¥0.6 0.8 0.5 1.3 Effect of additional SCHIP funding and other provisions: Additional enrollment within existing eligibility groups c,d ...... n.a. 0.9 0.6 1.5 n.a. 1.7 0.4 2.2 2.7 1.0 3.7 Expansion of SCHIP eligibility to new populations ...... n.a. 0.6 0.6 1.1 n.a. n.a. n.a. n.a. 0.6 0.6 1.1 Subtotal ...... n.a. 1.5 1.2 2.6 n.a. 1.7 0.4 2.2 3.2 1.6 4.8 Total proposed changes ...... 0.6 2.2 1.7 4.5 ¥0.6 1.7 0.4 1.5 4.0 2.1 6.1 Estimated enrollment under proposal ...... 7.9 ...... 26.5 ...... 34.4 Notes: a The figures in this table include the program’s adult enrollees, who account for less than 10 percent of total SCHIP enrollment. b The figures in this table do not include children who receive Medicaid because they are disabled. c For simplicity of display, the Medicaid figures in this line include the additional children enrolled as a side effect of expansions of SCHIP eligibility. d The Medicaid figures and SCHIP/Medicaid totals in this line include about 100,000 adults who would gain eligibility under section 301 of the bill. n.a. = not applicable

TECHNICAL SUMMARY OF THE CHILDREN’S $9,125,000,000 in FY 2008; additional floors also applied: (1) no state’s HEALTH INSURANCE PROGRAM REAUTHORIZA- $10,675,000,000 in FY2009; share could be less than 90% of last year’s TION ACT OF 2007 $11,850,000,000 in FY 2010; share, and (2) no state’s share could be less $13,750,000,000 in FY 2001; and SECTION 1. SHORT TITLE; AMENDMENTS TO SO- than 70% of its FY1999 share. (Each state’s $3,500,000,000 in FY2012. CIAL SECURITY ACT; REFERENCES; TABLE OF FY1999 share was identical to its FY1998 CONTENTS SECTION 102. ALLOTMENTS FOR THE 50 STATES share, per P.L. 105–277.) AND THE DISTRICT OF COLUMBIA Current Law A ceiling has also applied beginning with Current Law No provision. the FY2000 allotment: No state’s share can The annual SCHIP appropriation available exceed 145% of its FY1999 share. Explanation of Provision to states, including the District of Columbia, This act may be cited as the ‘‘Children’s is the amount of the total appropriation re- Once the floors and ceiling are applied to Health Insurance Program (CHIP) Reauthor- maining after amounts set aside for the ter- affected states to produce their adjusted pro- ization Act of 2007.’’ Unless otherwise noted, ritories and, for FY1998 to FY2002, the spe- portion, the other states’ shares are adjusted this act amends, or repeals provisions of the cial diabetes grants. Each state’s share, or proportionally to use exactly 100% of the Social Security Act. When this act ref- percentage, of the available appropriation is available appropriation. Each state’s ad- erences: ‘‘CHIP’’ it is referring to the State determined by a formula using the state’s justed proportion multiplied by the appro- Children’s Health Insurance Program estab- ‘‘number of children,’’ as adjusted for geo- priation available to states for a fiscal year lished under Title XXI; ‘‘MEDICAID’’ it is graphic variation in health costs and subject results in each state’s federal SCHIP allot- referring to the program for medical assist- to certain floors and a ceiling. ment for that fiscal year. ance established under title XIX; ‘‘Sec- Beginning with the FY2001 SCHIP allot- retary’’ it is referring to the Secretary of ment, the ‘‘number of children’’ is equal to Explanation of Provision Health and Human Services. (1) 50 percent of the number of children in The annual CHIP funds available to states, Title I—Financing of CHIP the state who are low income (with ‘‘low in- including the District of Columbia—that is, SECTION 101. EXTENSION OF CHIP come’’ defined as having family income the available national allotment—is the below 200% of the federal poverty threshold), Current Law amount of the total appropriation remaining plus (2) 50 percent of the number of uninsured after amounts allotted to the territories. Title XXI of the Social Security Act speci- low-income children in the state. The source fies the following national appropriation of data is the average of the number of such For FY2008, a state’s allotment is cal- amounts in §2104(a) from FY 1998 to FY2007 children, as reported and defined in the three culated as 110% of the greatest of the fol- for SCHIP: most recent Annual Social and Economic lowing four amounts: (1) the state’s FY2007 $4,295,000,000 in FY1998; (ASEC) Supplements (formerly known as the federal CHIP spending multiplied by the an- $4,275,000,000 in FY 1999; March supplements) to the Census Bureau’s nual adjustment; (2) the state’s FY2007 fed- $4,275,000,000 in FY2000; Current Population Survey (CPS) before the eral CHIP allotment multiplied by the an- $4,275,000,000 in FY 2001; beginning of the calendar year in which the nual adjustment; (3) for states that were de- $3,150,000,000 in FY 2002; applicable fiscal year begins. For example, in termined in FY2007 to have exhausted their $3,150,000,000 in FY2003; determining the FY2007 allotments, the own federal CHIP allotments (and therefore $3,150,000,000 in FY2004; three most recent supplements available be- designated a shortfall state for FY2007), the $4,050,000,000 in FY2005; fore January 1, 2006, were used. Thus, states’ state’s FY2007 projected spending as of No- $4,050,000,000 in FY2006; and FY2007 allotments were based on the ‘‘num- vember 2006 (or as of May 2006, for a state $5,000,000,000 in FY2007. ber of children’’ using data that covered cal- whose May 2006 projection was $95 million to These amounts are alloted to states, in- endar years 2002, 2003 and 2004. $96 million higher than its November 2006 cluding the District of Columbia, except for The adjustment for geographic variations projection) multiplied by the annual adjust- (1) 0.25% of the total annual amount is in health costs is 85% of each state’s vari- ment; and (4) the state’s FY2008 federal CHIP alloted to the territories and common- ation from the national average in its aver- projected spending as of August 2007 and cer- wealths (hereafter referred to simply as ‘‘the age wages in the health services industry. tified by the state to the Secretary not later territories’’), and (2) from FY1998 to FY2002, The source of data is the average wages from than September 30, 2007. $60 million was set aside annually for special mandatory reports filed quarterly by every diabetes grants (Public Health Service Act The annual adjustment for health care cost employer on their unemployment insurance §330B and §330C), which are now funded by di- growth and child population growth is the contributions and provided to the Depart- rect appropriations. the territories are also product of (1) 1 plus the percentage increase ment of Labor’s Bureau of Labor Statistics alloted the following appropriation amounts (if any) in the projected per capita spending (BLS). A three-year average of these data is in §2104(c)(4)(B): in the National Health Expenditures for the also required in the statute. fiscal year over the prior fiscal year, and (2) $32,000,000 in FY1999; Each state’s ‘‘number of children,’’ as ad- $34,200,000 in FY2000; 1.01 plus the percentage increase in the child justed for geographic variation in health $34,200,000 in FY2001; population (under age 19) in each state as of costs, is calculated as a percentage of the na- $25,200,000 in FY2002; July 1 of the fiscal year over the prior fiscal tional total. This is the state’s preliminary $25,200,000 in FY2003; year’s, based on the most timely and accu- proportion of the available SCHIP appropria- $25,200,000 in FY2004; rate published estimates from the Census tion, against which the floors and ceiling are $32,400,000 in FY2005; Bureau. compared. $32,400,000 in FY2006; and Since the beginning of SCHIP, no state’s For FY2009 to FY2012, a state’s allotment $40,000,000 in FY2007. share of the available appropriation could re- is calculated as 110% of its projected spend- Explanation of Provision sult in an allotment of less than $2 million. ing for that year, as submitted to CMS no The following national appropriation No state has ever been affected by this floor. later than August 31 of the preceding fiscal amounts are specified for CHIP in §2104(a): Beginning with the FY2000 allotment, two year.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10175 For FY2008, if the state allotments as cal- certain CHIP-enrolled parents and childless systems and citizenship documentation data culated exceed the available national allot- adults (discussed in Section 105). systems in each of Puerto Rico, the Virgin ment, the allotments are reduced proportion- SECTION 103. ONE-TIME APPROPRIATION FOR Islands, Guam, the Northern Mariana Is- ally. For FY2009 to FY2012, if the state allot- FY2012 lands, and American Samoa would be subject ments as calculated exceed the available na- to the 90% federal match rate for the start- Current Law tional allotment, then the available national up expenses associated with such systems allotment is distributed to each state ac- No provision. and the 75% federal match rate for the oper- cording to its percentage calculated as the Explanation of Provision ation of such systems without regard to the sum of the following four factors: In FY 2012, a one-time appropriation of specified spending caps. Each state’s projected federal CHIP ex- $12,500,000,000 shall be made to the Secretary The provision would require the Govern- penditures for that fiscal year (as certified of Health and Human Services to add to the ment Accountability Office (GAO) to submit by the state to the Secretary no later than funds already provided under section 2104(a) a report to the appropriate committees of the August 31 of the preceding fiscal year), for that year only. Such funds shall be dis- Congress not later than September 30, 2009, calculated as a percentage of the national tributed by the Secretary in a manner con- with regard to the territories’ eligible Med- total, multiplied by 75%; sistent with and under the same terms and icaid and CHIP populations, their historical Each state’s number of low-income chil- conditions of section 102 of this Act. and projected spending and the ability of dren (based on the most timely and accurate capped funding streams to address such SECTION 104. IMPROVING FUNDING FOR THE published estimates from the Census Bu- needs, the extent to which the federal pov- TERRITORIES UNDER CHIP AND MEDICAID reau), calculated as a percentage of the na- erty level is used for determining Medicaid tional total, multiplied by 121⁄2%; Current Law and CHIP eligibility in the territories, and Each state’s projected federal CHIP ex- The territories were to receive 0.25 percent the extent to which the territories partici- penditures for the preceding fiscal year (as of the total appropriations provided in pate in data collection and reporting with re- certified by the state to the Secretary in No- § 2104(a). Later legislation added specific ap- gard to Medicaid and CHIP and specifically vember of the fiscal year), calculated as a propriations for the territories in FY1999 to the extent to which they participate in the percentage of the national total, multiplied FY2007: Current Population Survey versus the Amer- 1 by 7 ⁄2%; and $32,000,000 in FY 1999; ican Community Survey, which are federal Each state’s actual federal CHIP expendi- $34,200,000 in FY 2000; surveys that estimate the number of low-in- tures for the second preceding fiscal year, as $34,200,000 in FY 2001; come children in the states. The report is determined by the Secretary, calculated as a $25,200,000 in FY 2002; also to provide recommendations for improv- percentage of the national total, multiplied $25,200,000 in FY 2003; ing Medicaid and CHIP funding to the terri- by 5%. $25,200,000 in FY 2004; tories. If a state’s projected CHIP expenditures for $32,400,000 in FY 2005; SECTION 105. INCENTIVE BONUSES FOR STATES FY2009 to FY2012 are at least 10% more than $32,400,000 in FY 2006; and the last year’s allotment (excluding any re- $40,000,000 in FY 2007. Current Law duction in states’ allotments due to insuffi- For FY 1999, the $32 million represented No provision. cient available national allotment) then, un- approximately 0.75 percent of the total ap- Explanation of Provision less the state received approval in the prior propriations in § 2104(a). For FY2000 to Incentive Pool year of a state plan amendment or waiver to FY2007, the additional appropriation equaled expand CHIP coverage or the state received a 0.8 percent of the total appropriations in A CHIP Incentive Bonuses Pool is estab- payment from the CHIP Contingency Fund, § 2104(a). Combined with the 0.25 percent lished in the U.S. Treasury. The Incentive the state must submit to the Secretary by available through the original enacting leg- Pool receives deposits from an initial appro- August 31 before the fiscal year information islation, the territories were allotted 1.05% priation in FY2008 of $3 billion, along with relating to the factors that contributed to of the total appropriations in § 2104(a) from transfers from six different potential the need for the increase in the state’s allot- FY2000 to FY2007. sources, with the currently available but not ment, as well as any other information that The amounts set aside for the territories immediately required funds invested in in- the Secretary may require for the state to were distributed according to the following terest-bearing U.S. securities that provide demonstrate the need for the increase in the percentages provided in statute: Puerto additional income into the Incentive Pool. state’s allotment. The Secretary shall notify Rico, 91.6 percent; Guam, 3.5 percent; the The six sources for deposits are as follows: On December 1, 2007, the amount by which the state in writing within 60 days after re- Virgin Islands, 2.6 percent; American Samoa, states’ FY2006 and FY2007 allotments not ex- ceipt of the information that (1) the pro- 1.2 percent; and the Northern Mariana Is- pended by September 30, 2007, exceed 50% of jected expenditures are approved or dis- lands, 1.1 percent. approved (and if disapproved, the reasons for Medicaid (and SCHIP) programs in the ter- the federal share of the FY2008 allotment, as disapproval); or (2) specified additional infor- ritories are subject to spending caps speci- determined by the Secretary by not later mation is needed. If the Secretary dis- fied in statute. The federal Medicaid match- than October 1, 2007; On each December 1 from 2008 to 2012, any approved the projected expenditures or de- ing rate, which determines the share if Med- of the annual CHIP appropriation not used termined additional information is needed, icaid expenditures paid for by the federal by the states; the Secretary shall provide the state with a government, is statutorily set at 50 percent On October 1 of fiscal years 2009 to 2012, the reasonable opportunity to submit additional of the territories. Therefore, the federal gov- amount by which the unspent funds from the information to demonstrate the need for the ernment pays 50% of the cost of Medicaid prior year’s allotment exceeds the applicable increase in the State’s allotment for the fis- items and services in the territories up to percentage of that allotment. The applicable cal year. If a determination has not deter- the spending caps. For the 50 states and DC, percentage is 20% for FY2009, and 10% for mined by September 30 whether the state has certain administrative functions have a FY2010, FY2011, and FY2012; demonstrated the need for the increase in its higher federal match. For example, startup Any original allotment amounts not ex- allotment, the Secretary shall provide the expenses for specified computer systems are pended by the end of their second year of state with a provisional allotment for the matched at 90%, and there is a 100% match availability; fiscal year equal to 110% of last year’s allot- for the implementation and operation of im- On October 1, 2009, any amounts set aside ment (excluding any reduction in states’ al- migration status verification systems. lotments due to insufficient available na- for transition off of CHIP coverage for child- Explanation of Provision tional allotment). Once the Secretary makes less adults that are not expended by Sep- a determination, the Secretary may adjust From the national CHIP appropriation, the tember 30, 2009; and the state’s allotment (and the allotments of allotments to the territories are calculated On October 1 of FY2009 through FY2012, other states) accordingly, but not later than as follows. For FY2008, each territory’s allot- any amounts in the CHIP Contingency Fund November 30 of the fiscal year. ment is its highest annual federal CHIP in excess of the fund’s aggregate cap, as well For FY2008 allotment factors based on spending between FY1998 and FY2007, plus as any Contingency Fund payments provided CHIP expenditures, the Secretary of Health the annual adjustment for health care cost to a state that are unspent at the end of the and Human Services (HHS) shall use the growth and national child population fiscal year following the one in which the most recent FY2007 expenditure data avail- growth. FY2007 spending will be determined funds were provided. able to the Secretary before the start of by the Secretary based on the most timely Funds from the Incentive Pool are payable FY2008. The Secretary may adjust the and accurate published estimates of the Cen- in FY2008 to FY2012 to states that have in- FY2008 allotments based on the actual ex- sus Bureau. For FY2009 through FY2012, each creased their Medicaid and CHIP enrollment penditure data reported to CMS no later territory’s allotment is the prior year’s al- among low-income children above a defined than November 30, 2007; the Secretary may lotment, plus the annual adjustment for baseline, with associated payments as fol- not make adjustments after December 31, health care cost growth and national child lows (reduced proportionally if necessary). 2007. population growth. (For purposes of Incentive Pool policies, a For purposes of determining a state’s allot- For FY2008 and each fiscal year thereafter, ‘‘child’’ enrolled in Medicaid means an indi- ment, the state’s projected expenditures federal matching payments for specified data vidual under age 19—or age 20 or 21, if a state shall include payments projected using reporting systems (i.e., the design, develop- has so elected under its Medicaid plan; and § 2105(g) (discussed in Section 110) and for ment, and operations of claims processing ‘‘low-income children’’ means children in

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families with incomes at 200% of federal pov- SECTION 106. PHASE-OUT OF COVERAGE FOR NON- coverage under the waiver in that fiscal erty or below.) Beginning in FY2009, a state PREGNANT CHILDLESS ADULTS UNDER CHIP, year) subject to the following restrictions: may receive a payment from the Incentive CONDITIONS FOR COVERAGE OF PARENTS (1) for each such State, the Secretary would Pool if its average monthly enrollment of Current Law be required to set aside an amount as part of a separate allotment equal to the federal low-income children in CHIP and Medicaid Section 1115 of the Social Security Act share of the State’s projected FY2008 expend- for the coverage period (which is defined as gives the Secretary of HHS broad authority itures (as certified by the state and sub- the last two quarters of the preceding fiscal to modify virtually all aspects of the Med- mitted to the Secretary by August 31, 2008) year and the first two quarters of the fiscal icaid and SCHIP programs. Under Section for providing coverage under the waiver to year, except that for FY2009 it is based only 1115, the Secretary may waive requirements such individuals in FY2008 increased by the on the first two quarters of FY2009) exceeds in Section 1902 (usually, freedom of choice of annual adjustment for per capita health care the baseline monthly average. provider, comparability, and statewideness). growth (described in Section 102 of this bill), For SCHIP, no specific sections or require- For FY2009, the baseline monthly average (2) the Secretary may adjust the set aside ments are cited as ‘‘waive-able.’’ SCHIP stat- is each state’s average monthly enrollment amount based on State-reported FY2008 ex- ute simply states that Section 1115, per- in the first two quarters of FY2007 enroll- penditure data (reported on CMS Form 64 or taining to research and demonstration ment (as determined over a 6–month period CMS Form 21 not later than November 30, projects, applies to SCHIP. States may ob- on the basis of the most recent information 2008), but in no case shall the Secretary ad- tain waivers that allow them to provide serv- reported through the Medicaid Statistical just such amount after December 31, 2008, ices to individuals not traditionally eligible Information System (MSIS) multiplied by and (3) the Secretary would pay an amount for SCHIP, or limit benefit packages for cer- the sum of 1.02 and the percentage increase equal to the federal Medicaid matching rate tain groups as long as the Secretary deter- in the population of low-income children in for expenditures related to such coverage mines that these programs further the goals the state from FY2007 to FY2009, as deter- (provided during FY2009) up to the set-aside of SCHIP. mined by the Secretary based on the most spending cap. Approved SCHIP Section 1115 waivers are recent published estimates from the Census States with existing CHIP waivers to ex- deemed to be part of a state’s SCHIP state Bureau before the beginning of FY2009. For tend coverage to nonpregnant childless plan for purposes of federal reimbursement. FY2010 onward, the baseline monthly aver- adults (that are otherwise terminated under Costs associated with waiver programs are age is the prior year’s baseline monthly av- this provision) would be permitted to submit subject to each state’s enhanced-FMAP. erage multiplied by the sum of 1.01 and the a request to CMS (not later than June 30, Under SCHIP Section 1115 waivers, states percentage increase in the population of low- 2009) for a Medicaid nonpregnant childless must meet an ‘‘allotment neutrality test’’ income children in the state over the pre- adult waiver. For such states, the Secretary where combined federal expenditures for the ceding fiscal year, as determined by the Sec- would be required to make a decision to deny state’s regular SCHIP program and for the retary based on the most recent published or approve such application within 90 days of state’s SCHIP demonstration program are estimates from the Census Bureau before the the date of submission. For such states, if no capped at the state’s individual SCHIP allot- beginning of the fiscal year. CMS decision to approve or deny such re- ment. This policy limits federal spending to quest has been made as of September 30, 2009, A state eligible for a bonus shall receive in the capped allotment levels. the provision would allow such application the last quarter of the fiscal year the fol- Under current law, including 1115 waiver to be deemed approved. lowing amount, depending on the ‘‘excess’’ of authority, states cover pregnant women, States with applicable existing waivers the state’s enrollment above the baseline parents of Medicaid and SCHIP eligible chil- that request a Medicaid nonpregnant child- monthly average: (i) If such excess with re- dren and childless adults in their SCHIP pro- less adult waiver under this provision would spect to the number of individuals who are grams. be required to meet the following ‘‘budget enrolled in the State plan under title XIX The Deficit Reduction Act of 2005 prohib- neutrality’’ requirements. For fiscal year does not exceed 2 percent, the product of $75 ited the approval of new demonstration pro- 2010, allowable waiver expenditures for such and the number of such individuals included grams that allow federal SCHIP funds to be populations would not be permitted to ex- in such excess; (ii) if such excess with respect used to provide coverage to nonpregnant ceed the total amount payments made to the to the number of individuals who are en- childless adults, but allowed for the continu- State (as specified above) for FY2009, in- rolled in the State plan under title XIX ex- ation and renewal of such existing Medicaid creased by the percentage increase (if any) in ceeds 2 percent, but does not exceed 5 per- or SCHIP waiver projects affecting federal the projected per capita spending in the Na- cent, the product of $300 and the number of SCHIP funds that were approved under the tional Health Expenditures for fiscal year such individuals included in such excess; and Section 1115 waiver authority before Feb- 2010 over fiscal year 2009). In the case of any (iii) if such excess with respect to the num- ruary 8, 2006. succeeding fiscal year, allowable waiver ex- ber of individuals who are enrolled in the Explanation of Provision penditures for such populations would not be State plan under title XIX exceeds 5 percent, Childless Adults permitted to exceed each such State’s set the product of $625 and the number of such The provision would prohibit the approval aside amount (described above) for the pre- individuals included in such excess. For ceding fiscal year, increased by the percent- FY2010 onward, these dollar amounts are to or renewal of Section 1115 demonstration waivers that allow federal CHIP funds to be age increase (if any) in the projected per cap- be increased by the percentage increase (if ita spending in the National Health Expendi- any) in the projected per capita spending in used to provide coverage to nonpregnant childless adults (hereafter referred to as ap- tures for such fiscal year over the prior fiscal the National Health Expenditures for the year. calendar year beginning on January 1 of the plicable existing waivers) on or after the Parents coverage period over that of the preceding date of enactment of this Act. Beginning on coverage period. or after October 1, 2008, rules regarding the The provision would also prohibit the ap- period to which an applicable existing waiver proval of additional Section 1115 demonstra- Payments from the Incentive Pool would apply, individuals eligible for coverage tion waivers that allow federal CHIP funds shall be used for any purpose that the under such waivers, and the amount of fed- to be used to provide coverage to parent(s) of State determines is likely to reduce eral payment available for such coverage a targeted low-income child(ren) (hereafter the percentage of low-income children would be subject to the following require- referred to as applicable existing CHIP par- in the State without health insurance. ments: (1) no federal CHIP funds would be ent coverage waiver) on or after the date of available for coverage of nonpregnant child- enactment of this Act. Beginning on or after Redistribution of FY2005 Allotments less adults under an applicable existing October 1, 2009, rules regarding the period to An appropriation of $5,000,000 is provided to waiver after September 30, 2008, (2) State-re- which an applicable existing CHIP parent the Secretary for FY2008 for improving the quested extensions of applicable existing coverage waiver extends coverage to eligible timeliness of MSIS and to provide guidance waivers that would otherwise expire before populations, and the amount of federal pay- October 1, 2008, would be granted by the Sec- to states with respect to any new reporting ment available for coverage to such popu- retary but only through September 30, 2008, requirements related to such improvements. lations under the waiver would be subject to and (3) coverage to a nonpregnant childless Amounts appropriated are available until ex- the following requirements: (1) State-re- adult under applicable existing waivers pro- pended. The resulting improvements are to quested extensions of applicable existing vided during FY2008 will be reimbursed at be designed and implemented so that begin- CHIP-financed Section 1115 parent coverage the CHIP enhanced FMAP rate. waivers that would otherwise expire before ning no later than October 1, 2008, Medicaid States with applicable existing waivers October 1, 2009, would be granted by the Sec- and CHIP enrollment data are collected and (that are otherwise terminated under this retary but only through September 30, 2009, analyzed by the Secretary within six months provision) would be permitted to extend cov- and (2) the CHIP enhanced FMAP rate would of submission. erage, through FY2009, to individual non- apply for such coverage to such eligible pop- FY2005 original CHIP allotments unspent pregnant childless adults who received cov- ulations during FY2008 and FY2009. at the end of FY2007 are to be redistributed erage under the applicable existing waiver at States with existing CHIP waivers to ex- on a proportional basis to states that were any time during FY2008 (regardless of wheth- tend coverage to parent(s) of targeted low- projected at any point in FY2007 to exhaust er the individual lost coverage at any time income child(ren) would be permitted to con- their federal CHIP allotments. during FY2008 and was later provided benefit tinue such assistance during each of fiscal

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10177 years 2010, 2011, and 2012 subject to the fol- appropriate committees of Congress 2 years date of birth up to age 1 so long as the child lowing requirements: (1) for each such State after the date of enactment. is a member of the mother’s household, and and for each such fiscal year, the Secretary SECTION 107. STATE OPTION TO COVER LOW-IN- the mother remains eligible for Medicaid (or would be required to set aside an amount as COME PREGNANT WOMEN UNDER CHIP would remain eligible if pregnant). During part of a separate allotment equal to the fed- THROUGH A STATE PLAN AMENDMENT this period of deemed eligibility for the new- eral share of 110% of the State’s projected Current Law born, for claiming and payment purposes, expenditures (as certified by the state and the Medicaid identification (ID) number of submitted to the Secretary by August 31 of Under SCHIP, states can cover pregnant the mother must also be used for the new- the preceding fiscal year) for providing waiv- women ages 19 and older in one of two ways: born, unless the state issues a separate ID er coverage to such individuals enrolled in (1) via a special waiver of program rules number for the child during this period. In the waiver in the applicable fiscal year, and (through Section 1115 authority), or (2) by general, newborns may also be enrolled in (2) the Secretary would pay the State from providing coverage as permitted through reg- SCHIP if they meet the applicable financial the set aside amount (specified above) for ulation. In the latter case, coverage includes standards in a given state, which build on each such fiscal year an amount equal to the prenatal and delivery services only. top of Medicaid’s rules. applicable percentage for expenditures in the In general, SCHIP allows states to cover For families with income below 150% FPL, quarter to provide coverage as specified targeted low-income children with family in- premiums cannot exceed nominal amounts under the waiver to parent(s) of targeted come that is above applicable Medicaid eligi- specified in Medicaid regulations, and serv- low-income child(ren). bility levels in a given state. States can set ice-related cost-sharing is limited to nomi- In fiscal year 2010 only, costs associated the upper income level up to 200% FPL, or if nal Medicaid amounts for the subgroup with such parent coverage would be subject the applicable Medicaid income level was at under 100% FPL and slightly higher amounts to each such state’s CHIP enhanced FMAP or above 200% FPL before SCHIP, the upper in SCHIP regulations for the subgroup with for States that meet one of the outreach or income limit may be raised an additional 50 income between 100–150% FPL. coverage benchmarks (listed below) in percentage points above that level. Other For families with income above 150% FPL, FY2009, or each such state’s Medicaid FMAP SCHIP eligibility restrictions include (1) the premiums and cost-sharing may be imposed rate for all other states. The provision would child must be uninsured, (2) the child must in any amount as long as such costs for high- prohibit federal matching payments for the be otherwise ineligible for regular Medicaid, er-income children are not less than the payment of services beyond the set-aside and (3) the child cannot be an inmate of a costs for lower-income children. Total pre- spending cap. public institution or a patient in an institu- miums and cost-sharing incurred by all For fiscal year 2011 or 2012, costs associ- tion for mental disease, or eligible for cov- SCHIP children cannot exceed 5% of annual ated with such parent coverage would be sub- erage under a state employee health plan. family income. ject to: (1) each such state’s Reduced En- States may provide SCHIP coverage to chil- Other cost-sharing protections also apply. hanced Matching Assistance Percentage dren who are covered under a health insur- Applicable premium and cost-sharing (REMAP) (i.e., a percentage which would be ance program that has been in operation amounts cannot favor children from families equal to the sum of (a) each such state’s since before July 1, 1997 and that is offered with higher income over children in families FMAP percentage and (b) the number of per- by a state that receives no federal funds for with lower income. No cost-sharing may be centage points equal to one-half of the dif- this program. States may use enrollment re- applied to preventive services. ference between each such state’s FMAP rate strictions such as capping total program en- Explanation of Provision and each such state’s enhanced FMAP rate) rollment, creating waiting lists, and insti- The provision would allow states to pro- if the state meets one of the coverage bench- tuting a minimum period of no insurance vide optional coverage under CHIP to preg- marks (listed below) for FY2010 or FY2011 (as (e.g., 6 months) before being eligible. nant women, through a state plan amend- applicable), or (2) each such state’s FMAP Under regular Medicaid, states must pro- ment, if certain conditions are met, includ- rate if the state failed to meet any of the vide coverage for pregnant women with ining (1) the state has established an income coverage benchmarks (listed below) for the come up to 133% FPL, and at state option, eligibility level of at least 185% FPL for applicable fiscal year. The provision would may extend such coverage to pregnant mandatory, welfare-related qualified preg- prohibit federal matching payments for the women with income up to 185% FPL. States nant women and optional poverty-related payment of services beyond the setaside must also provide coverage to first-time pregnant women under Medicaid, (2) the spending cap. pregnant women with income that meets state does not apply an effective income FY2010 outreach and coverage benchmarks former cash assistance program rules (which level under the state plan amendment for include: (1) the state implemented a signifi- were generally well below 100% FPL). The pregnant women that is lower than the effec- cant child outreach campaign including (a) period of coverage for these mandatory and tive income level (expressed as a percent of the state was awarded an outreach and en- optional pregnant women is during preg- poverty and accounting for applicable in- rollment grant (under Section 201 of this nancy through the end of the month in which come disregards) for mandatory, welfare-re- bill) for fiscal year 2009, (b) the state imple- the 60 days postpartum period ends. In addi- lated qualified pregnant women and optional mented 1 or more process measures for that tion, waiver authority may be used to cover poverty-related pregnant women under Med- fiscal year, or (c) the state has submitted a pregnant women at even higher income lev- icaid on the date of enactment of this provi- specific plan for outreach for such fiscal els and for extended periods of time (e.g., 18 sion to be eligible for Medicaid as pregnant year, (2) the state ranks in the lowest 1/3 of or 24 months postpartum). women, (3) the state does not provide cov- the States in terms of the State’s percentage Under regular Medicaid, states may tempo- erage for pregnant women with higher fam- of low-income children without health insur- rarily enroll pregnant women whose family ily income without covering such pregnant ance based on timely and accurate published income appears to be below Medicaid income women with a lower family income, (4) the estimates of the Bureau of the Census, or (3) standards for up to 2 months until a final state provides pregnancy-related assistance the State qualified for a payment from the formal determination of eligibility is made. (defined below) for targeted low-income preg- Incentive Fund for the most recent coverage Entities that may qualify to make such pre- nant women in the same manner, and subject period. sumptive eligibility determinations for preg- to the same requirements, as the state pro- FY2011 and 2012 coverage benchmarks in- nant women include Medicaid providers that vides child health assistance for targeted clude: (1) the state ranks in the lowest 1⁄3 of are outpatient hospital departments, rural low-income children under the state CHIP the States in terms of the State’s percentage health clinics and certain other clinics, and plan, and in addition to providing child of low-income children without health insur- other entities including certain primary care health assistance for such women, (5) the ance based on timely and accurate published health centers and rural health care pro- state does not apply any exclusion of bene- estimates of the Bureau of the Census, and grams funded under Sections 330 and 330A of fits for pregnancy-related assistance based (2) the State qualified for a payment from the Public Health Service Act, grantees on any pre-existing condition or any waiting the Incentive Fund for the most recent cov- under the Maternal and Child Health Block period (including waiting periods to ensure erage period. Grant Program, entities receiving funds that CHIP does not substitute for private in- A rule of construction clarifies that states under the Health Services for Urban Indians surance coverage), and (6) the state must are not prohibited from submitting applica- program, and entities that participate in provide the same cost-sharing protections to tions for 1115 waivers to provide medical as- WIC, the Commodity Supplemental Food pregnant women as applied to CHIP children, sistance to a parent of a targeted low-income Program, a state perinatal program (as des- and all cost-sharing incurred by targeted child. ignated by the state), or in the Indian Health low-income pregnant women under CHIP The General Accountability Office would Service or a health program or facility oper- would be capped at 5% of annual family in- be required to conduct a study to determine ated by tribes or tribal organizations under come. if the coverage of a parent, caretaker rel- the Indian Self Determination Act. States that elect this new optional cov- ative, or legal guardian of a targeted low-in- Mandatory Medicaid eligibility applies to erage for pregnant women under CHIP and come child increases the enrollment of or children under age 6 in families with income that meet all the above conditions associ- quality of care for children, and if such par- at or below 133% FPL. In addition, states ated with this option, may also elect to pro- ents, relatives, and legal guardians are more may cover newborns under age 1 up to 185% vide presumptive eligibility for pregnant likely to enroll their children in CHIP or FPL under Medicaid. Children born to Med- women, as defined in the Medicaid statute, Medicaid. Results of the study (and report icaid-eligible pregnant women must be to targeted low-income pregnant women recommended changes) would be reported to deemed to be eligible for Medicaid from the under CHIP.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10178 CONGRESSIONAL RECORD — SENATE July 26, 2007 Pregnancy-related assistance would in- tional allotment for CHIP. For FY2010 insured low-income children as described clude all the services covered as child health through FY2012, the appropriation is such above, any related Contingency Fund pay- assistance under the state’s CHIP program, sums as are necessary for making payments ment shall remain available until the end of and includes medical assistance that would to eligible states for the fiscal year, as long the following fiscal year. be provided to a pregnant woman under Med- as the annual payments do not exceed 12.5% The Secretary shall provide annual reports icaid, during pregnancy through the end of of that fiscal year’s available national allot- to Congress on the Contingency Fund, the the month in which the 60 day postpartum ment for CHIP. Balances that are not imme- payments from it, and the events that period ends. The upper income limit for cov- diately required for payments from the Fund caused states to apply for payment. erage of targeted low-income pregnant are to be invested in U.S. securities that pro- SECTION 109. 2-YEAR AVAILABILITY OF ALLOT- women under CHIP could be up to the level vide addition income to the Fund, as long as MENTS; EXPENDITURES COUNTED AGAINST for coverage of targeted low-income children the annual payments do not cause the Fund OLDEST ALLOTMENTS to exceed 12.5% of the available national al- in the state. As with targeted low-income Current Law children under CHIP, the new group of tar- lotment for CHIP. Amounts in excess of the geted low-income pregnant women must be 12.5% limit shall be deposited into the Incen- SCHIP allotments (currently through determined eligible, be uninsured, and must tive Pool. For purposes of the CHIP Contin- FY2007) are available for three years. Allot- not be an inmate of a public institution or a gency Fund, amounts set aside for block ments unspent after three years are avail- patient in an institution for mental disease grant payments for transitional coverage of able for reallocation. For example, the or eligible for coverage under a state em- childless adults shall not count as part of the FY2004 allotment was available through the ployee health benefit plan. Also as with tar- available national allotment. end of FY2006; any remaining balances at the geted low-income children, pregnant women Payments from the Fund are to be used end of FY2006 were redistributed to other may include those covered under a health in- only to eliminate any eligible state’s short- states. surance program that has been in operation fall (that is, the amount by which a state’s Explanation of Provision since before July 1, 1997 and that is offered available federal CHIP allotments are not CHIP allotments through FY2006 are avail- by a state that receives no federal funds for adequate to cover the state’s federal CHIP able for three years. CHIP allotments made this program. expenditures, on the basis of the most recent for FY2007 through FY2012 are available for The provision would also deem children data available to the Secretary or requested two years. born to the new group of targeted low-in- from the state by the Secretary). Payments to states from the Incentive come pregnant women under CHIP to be eli- The Secretary shall separately compute Pool are available until expended by the gible for Medicaid or CHIP, as applicable. the shortfalls attributable to children and state. Payments for a month from the Con- Such newborns would be covered from pregnant women, to childless adults, and to tingency Fund are available through the end birth to age 1. During this period of eligi- parents of low-income children. No payment of the fiscal year, except in the case of an bility, the mother’s identification number from the Contingency Fund shall be made for event that occurred after July 1 of the fiscal must also be used for filing claims for the nonpregnant childless adults. Any payments year that resulted in the declaration of a newborn, unless the state issues a separate for shortfalls attributable to parents shall be Stafford Act or public health emergency that identification number for that newborn. made from the Fund at the relevant match- increased the number of uninsured low-in- The provision would also address States ing rate. Contingency funds are not transfer- come children. that provide assistance through other op- able among allotments. States’ federal CHIP expenditures on or Eligible states, which cannot be a terri- tions. The option to provide assistance in ac- after October 1, 2007, shall be counted first tory, for a month in FY2009 to FY2012 are cordance with the preceding subsections of against the Contingency Funds from the ear- those that meet any of the following cri- this section shall not limit any other option liest available month in the earliest fiscal teria: for a State to provide (A) child health assist- year, then against the earliest available al- The state’s available federal CHIP allot- ance through the application of sections lotments. ments are at least 95% but less than 100% of 457.10, 457.350(b)(2), 457.622(c)(5), and A State may elect, but is not required, to its projected federal CHIP expenditures for 457.626(a)(3) of title 42, Code of Federal Regu- count CHIP expenditures against any incen- the fiscal year (i.e., less than 5% shortfall in lations, or (B) pregnancy-related services tive bonuses paid to the State. federal funds), without regard to any pay- through the application of any other waiver Expenditures for coverage of nonpregnant ments provided from the Incentive Fund; or authority (as in effect on June 1, 2007). The state’s available federal CHIP allot- childless adults in FY2009 and of parents of Any State that provides child health as- ments are less than 95% of its projected fed- targeted low-income children in FY2010 sistance under any authority described in eral CHIP expenditures for the fiscal year through FY2012 shall be counted only against paragraph (1) may continue to provide such (i.e., more than 5% shortfall in federal funds) the amount set aside for such coverage assistance, as well as postpartum services, and that such shortfall is attributable to one SECTION 110. LIMITATION ON MATCHING RATE through the end of the month in which the or more of the following: (1) One or more par- FOR STATES THAT PROPOSE TO COVER CHIL- 60-day period (beginning on the last day of ishes or counties has been declared a major DREN WITH EFFECTIVE FAMILY INCOME THAT the pregnancy) ends, in the same manner as disaster and the President has determined EXCEEDS 300 PERCENT OF THE POVERTY LINE assistance and postpartum services would be individual and public assistance has been Current Law provided if provided under the State plan warranted from the federal government pur- under title XIX, but only if the mother The federal medical assistance percentage suant to the Stafford Act, or a public health would otherwise satisfy the eligibility re- (FMAP) is the rate at which states are reim- emergency was declared by the Secretary quirements that apply under the State child bursed for most Medicaid service expendi- pursuant to the Public Health Service Act; health plan (other than with respect to age) tures. It is based on a formula that provides (2) the state unemployment rate is at least during such period. higher reimbursement to states with lower 5.5% during any 13 consecutive week period A rule of construction clarifies that noth- per capita incomes relative to the national during the fiscal year and such rate is at ing in this subsection shall be construed to average (and vice versa); it has a statutory least 120% of the state unemployment rate (A) infer the congressional intent regarding minimum of 50% and maximum of 83%. for the same period as averaged over the last the legality or illegality of the content of There are statutory exceptions to the FMAP three fiscal years; (3) the state experienced a sections of title 42, Code of Federal Regula- formula for the District of Columbia (since recent event that resulted in an increase in tions, specified in paragraph (l)(A), or (B) FY1998) and Alaska (for FY1998–FY2007). In the percentage of low-income children in the modify the authority to provide pregnancy- addition, the territories have FMAPs set at state without health insurance (as deter- related services under a waiver specified in 50% and are subject to federal spending caps. mined on the basis of the most timely and paragraph (l)(B). The enhanced FMAP (E–FMAP) for SCHIP accurate published estimates from the Cen- For the new group of targeted low-income equals a state’s Medicaid FMAP increased by sus Bureau) that was outside the control of pregnant women, additional conforming the number of percentage points that is the state and warrants granting the state ac- amendments would prohibit cost-sharing for equal to 30% multiplied by the number of cess to the Fund, as determined by the Sec- pregnancy-related services and waiting peri- percentage points by which the FMAP is less retary. ods prior to enrollment or for the purpose of than 100%. For example, in states with an The Secretary shall make monthly pay- FMAP of 60%, the E–FMAP equals the FMAP preventing crowd-out of private health insur- ments from the Fund to all states deter- ance. increased by 12 percentage points (60% + mined eligible for a month. If the sum of the [30% multiplied by 40 percentage points] = SECTION 108. CHIP CONTINGENCY FUND payments from the Fund exceeds the amount 72%). The E–FMAP has a statutory min- Current Law available, the Secretary shall reduce each imum of 65% and maximum of 85%. No provision. payment proportionally. If a state was determined to be eligible in Explanation of Provision Explanation of Provision a given fiscal year, that does not make the For child health assistance or health bene- A CHIP Contingency Fund is established in state eligible in the following fiscal year. In fits coverage furnished in any fiscal year in- the U.S. Treasury. The Contingency Fund re- the case of an event that occurred after July ning with FY2008 to a targeted low-income ceives deposits through a separate appropria- 1 of the fiscal year that resulted in the dec- child whose effective family income would tion. For FY2009, the appropriation to the laration of a Stafford Act or public health exceed 300% of the federal poverty line but Fund is equal to 12.5% of the available na- emergency that increased the number of unfor the application of a general exclusion of

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10179 a block of income that is not determined by Under Medicaid, there are no caps on ad- geted communities, and (2) the entity has type of expense or type of income, states ministrative expenses that may be claimed the ability to address barriers to enrollment would be reimbursed using the FMAP infor federal matching dollars. Title XXI speci- (e.g., lack of awareness of eligibility, stigma stead of the E-FMAP for services provided to fies that federal SCHIP funds can be used for concerns, punitive fears associated with re- that child. An exception would be provided SCHIP health insurance coverage, called ceipt of benefits) as well as other cultural for states that, on the date of enactment of child health assistance, which meets certain barriers to applying for and receiving cov- the Children’s Health Insurance Program requirements. Apart from these benefit pay- erage under CHIP or Medicaid. (CHIP) Reauthorization Act of 2007 has an ments; SCHIP payments for four other spe- To receive grant funds, eligible entities approved State plan amendment or waiver or cific health care activities can be made, in- would be required to submit an application has enacted a State law to submit a State cluding: (1) other child health assistance for to the Secretary in such form and manner, plan amendment to provide child health as- targeted low-income children; (2) health and containing such information as the Sec- sistance or health benefits under their state services initiatives to improve the health of retary chooses. As noted above, such applica- child health plan or its waiver of such plan SCHIP children and other low-income chil- tions must include evidence that the entity to children above 300% of the poverty line. dren; (3) outreach activities; and (4) other (a) includes members with access to, and credibility with, ethnic or low-income popu- SECTION 111. OPTION FOR QUALIFYING STATES TO reasonable administrative costs. For a given lations in the targeted communities, and (b) RECEIVE THE ENHANCED PORTION OF THE CHIP fiscal year, payments for other specific has the ability to address barriers to enroll- MATCHING RATE FOR MEDICAID COVERAGE OF health care activities cannot exceed 10% of ment (e.g., lack of awareness of eligibility, CERTAIN CHILDREN CURRENT LAW the total amount of expenditures for SCHIP stigma concerns, punitive fears associated Current Law benefits and other specific health care activities combined. with receipt of benefits) as well as other cul- Section 2105(g) of the Social Security Act tural barriers to applying for and receiving Explanation of Provision permits qualifying states to apply federal CHIP or Medicaid benefits. The applicable SCHIP funds toward the coverage of certain The provision would establish a new grant must also include specific quality or out- children already enrolled in regular Medicaid program under CHIP to finance outreach and come performance measures to evaluate the (that is, not SCHIP-funded expansions of enrollment efforts that increase participa- effectiveness of activities funded by the Medicaid). Specifically, these federal SCHIP tion of eligible children in both Medicaid and grant. In addition, the applicable must con- funds are used to pay the difference between CHIP. For the purpose of awarding grants, tain an assurance that the entity will (1) SCHIP’s enhanced Federal Medical Assist- the provision would appropriate $100 million conduct an assessment of the effectiveness of ance Percentage (FMAP) and the Medicaid for fiscal years 2008 through 2012. These such activities against the performance FMAP that the state is already receiving for amounts would be in addition to amounts ap- measures, (2) cooperate with the collection these children. Funds under this provision propriated for CHIP allotments to states (as and reporting of enrollment data and other may only be claimed for expenditures occur- per Section 2104 of the CHIP statute) and information in order for the Secretary to ring after August 15, 2003. would not be subject to restrictions on ex- conduct such assessment, and (3) in the case Qualifying states are limited in the penditures for outreach activities under cur- of an entity that is not a state, provide the amount they can claim for this purpose to rent law. state with enrollment data and other infor- the lesser of the following two amounts: (1) For each fiscal year, the provision would mation necessary for the state to make pro- 20% of the state’s original SCHIP allotment require that ten percent of the funds appro- jections of eligible children and pregnant amounts (if available) from FY1998, FY1999, priated for this new grant would be set aside women. The Secretary would be required to FY2000, FY2001, FY2004, FY2005, FY2006, and to finance a national enrollment campaign make publicly available the enrollment data FY2007 (hence the ‘‘terms ‘‘20% allowance’’ (described below), and an additional 10 per- and information collected and reported by and ‘‘20% spending’’); and (2) the state’s cent would be set-side to be used by the Sec- grantees, and would also be required to sub- available balances of those allotments. If retary to award grants to Indian Health mit an annual report to Congress on the there is no balance, states may not claim Service providers and Urban Indian Organi- funded outreach and enrollment activities Section 2105(g) spending. zations that receive funds under title V of conducted under the new grant. The statutory definitions for qualifying the Indian Health Care Improvement Act for Seven types of entities would be eligible to states capture most of those that had ex- outreach to, and enrollment of, children who receive grants, including (1) a state with an panded their upper-income eligibility levels are Indians. approved CHIP plan, (2) a local government, for children in their Medicaid programs to The provision would require the Secretary (3) an Indian tribe or tribal consortium, a 185% of the federal poverty level or higher to develop and implement a national enroll- tribal organization, an urban Indian organi- prior to the enactment of SCHIP. Based on ment campaign to improve the enrollment of zation receiving funds under title V of the statutory definitions, 11 states were deter- under-served child populations in Medicaid Indian Health Care Improvement Act, or an mined to be qualifying states: Connecticut, and CHIP. Such a campaign may include: (1) Indian Health Service provider, (4) a federal Hawaii, Maryland, Minnesota, New Hamp- the establishment of partnerships with the health safety net organization, (5) a na- shire, New Mexico, Rhode Island, Tennessee, Secretary of Education and the Secretary of tional, local, or community-based public or Vermont, Washington and Wisconsin. Agriculture to develop national campaigns nonprofit organization, including organiza- SCHIP spending under § 2105(g) can be used to link the eligibility and enrollment sys- tions that use community health workers or by qualifying states only for Medicaid en- tems for the programs each Secretary ad- community-based doula programs, (6) a rollees (excluding those covered by an ministers that often serve the same children, faith-based organization or consortia, to the SCHIP-funded expansion of Medicaid) who (2) the integration of information about Med- extent that a grant awarded to such an enti- are under age 19 and whose family income icaid and CHIP in public health awareness ty is consistent with requirements of section exceeds 150% of poverty, to pay the dif- campaigns administered by the Secretary, 1955 of the Public Health Service Act relat- ference between the SCHIP enhanced FMAP (3) increased financial and technical support ing to a grant award to non-governmental and the regular Medicaid FMAP. for enrollment hotlines maintained by the entities, or (7) an elementary or secondary Explanation of Provision Secretary to ensure that all states partici- school. Qualifying states under § 2105(g) may also pate in such hotlines, (4) the establishment Federal health safety net organizations in- use available balances from their CHIP allot- of joint public awareness outreach initia- clude a number of different types of entities, ments from FY2008 to FY2012 to pay the dif- tives with the Secretary of Education and including for example: (1) federally qualified ference between the regular Medicaid FMAP the Secretary of Labor regarding the impor- health centers, (2) hospitals that receive dis- and the CHIP enhanced FMAP for Medicaid tance of health insurance to building strong proportionate share hospital (DSH) pay- enrollees under age 19 (or age 20 or 21, if the communities and the economy, (5) the devel- ments, (3) entities described in Section state has so elected in its Medicaid plan) opment of special outreach materials for Na- 340B(a)(4) of the Public Health Service Act whose family income exceeds 133% of pov- tive Americans or for individuals with lim- (e.g., certain family planning projects, cer- erty. ited English proficiency, and (6) such other tain grantees providing early intervention outreach initiatives as the Secretary deter- services for HIV disease, certain comprehen- TITLE II—A OUTREACH AND ENROLLMENT mines would increase public awareness of sive hemophilia diagnostic treatment cen- SECTION 201. GRANTS FOR OUTREACH AND Medicaid and CHIP. ters, and certain Native Hawaiian health ENROLLMENT In awarding grants, the Secretary would be centers), and (4) any other entity or consor- Current Law required to give priority to entities that pro- tium that serves children under a federally- The federal and state governments share in pose to target geographic areas with high funded program, including the Special Sup- the costs of both Medicaid and SCHIP, based rates of eligible but not enrolled children plemental Nutrition Program for Women, In- on formulas defining the federal contribu- who reside in rural areas, or racial and eth- fants and Children (WIC), Head Start pro- tion in federal law. States are responsible for nic minorities and health disparity popu- grams, school lunch programs, and elemen- the non-federal share, using state tax revelations, including proposals that address cul- tary or secondary schools. nues, for example, but can also use local gov- tural and linguistic barriers to enrollment, The provision defines ‘‘community health ernment funds to comprise a portion of the and which submit the most demonstrable worker’’ as an individual who promotes non-federal share. Generally, the non-federal evidence that (1) the entity includes mem- health or nutrition within the community in share of costs under Medicaid and SCHIP bers with access to, and credibility with, eth- which the individual resides by (1) serving as cannot be comprised of other federal funds. nic or low-income populations in the tar- a liaison between communities and health

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10180 CONGRESSIONAL RECORD — SENATE July 26, 2007 care agencies, (2) providing guidance and so- The provision would encourage states to all other applications. The agency must as- cial assistance to residents, (3) enhancing take steps to provide for enrollment of Indi- sure that eligibility for care and services residents’ ability to effectively communicate ans residing on or near a reservation in Med- under the plan is determined in a manner with health care providers, (4) providing cul- icaid and CHIP. The steps could include out- consistent with the best interests of the re- turally and linguistically appropriate health reach efforts such as: outstationing of eligi- cipients. or nutrition education, (5) advocating for in- bility workers; entering into agreements In limited circumstances outside agencies dividual and community health or nutrition with the IHS, Indian Tribes (ITs), Tribal Or- are permitted to determine eligibility for needs, and (6) providing referral and follow- ganizations (TOs), and Urban Indian Organi- Medicaid. For example, when a joint TANF- up services. zations (UIOs) to provide outreach; edu- Medicaid application is used the state TANF In the case of a State that is awarded an cation regarding eligibility, benefits, and en- agency may make the Medicaid eligibility Outreach and Enrollment grant, the State rollment; and translation services. The pro- determination, or the Secretary may enter would be required to meet a maintenance of vision would not affect the arrangements be- into an agreement with a given state to effort requirement with regard to the state tween states and Indian Tribes, Tribal Orga- allow the Social Security Administration share of funds spent on outreach and enroll- nizations, and Urban Indian Organizations to (SSA) to determine Medicaid eligibility of ment activities under the CHIP state plan. conduct administrative activities under aged, blind, or disabled individuals in that For such states, the funds spent on outreach Medicaid and CHIP. state. and enrollment under the state plan for a fis- The provision would require the Secretary, Applicants must attest to the accuracy of cal year would not permitted to be less than acting through CMS, to take such steps as the information submitted on their Medicaid the State share of funds spent in the fiscal necessary to facilitate cooperation with and applications, and sign application forms year preceding the first fiscal year for which agreements between states, and the IHS, ITs, under penalty of perjury. Each state must the grant is awarded. TOs, or UIOs relating to the provision of ben- have an income and eligibility verification The provision would add translation and efits to Indians under Medicaid and CHIP. system under which (1) applicants for Med- interpretation services to the specific health The provision would specify that the fol- icaid and several other specified government care activities that can be reimbursed under lowing terms have the meanings given to programs must furnish their Social Security CHIP. Translation or interpretation services these terms in Section 4 of the Indian Health numbers to the state as a condition for eligi- in connection with the enrollment and use of Care Improvement Act: Indian, Indian Tribe, bility, and (2) wage information from various services under CHIP by individuals for whom Indian Health Program, Tribal Organization, specified government agencies is used to English is not their primary language (as and Urban Indian Organization. verify eligibility and to determine the found by the Secretary for the proper and ef- (b) Nonapplication of 10 Percent Limit On amount of available benefits. Subsequent to ficient administration of the state plan) Outreach and Certain Other Expenditures initial application, states must request information from other federal and state agen- would be matched at either 75% or the sum Current Law of the enhanced FMAP for the state plus five cies, to verify applicants’ income, resources, Title XXI of the Social Security Act pro- citizenship status, and validity of Social Se- percentage points, whichever is higher. vides states with annual federal SCHIP allot- In addition, the 10% limit on payments for curity number (e.g., income from the Social ments based on a formula set in law. State Security Administration (SSA), unearned in- other specific health care activities in cur- SCHIP payments are matched by the federal rent CHIP statute would not apply to ex- come from the Internal Revenue Service government at an enhanced rate that builds (IRS), unemployment information from the penditures for outreach and enrollment ac- on the base rate applicable to Medicaid. The tivities funded under this section. appropriate state agency, qualified aliens SCHIP statute also specifies that federal must present documentation of their immi- SECTION 202. INCREASED OUTREACH AND SCHIP funds can be used for SCHIP health gration status, which states must then verify ENROLLMENT OF INDIANS insurance coverage, called child health as- with the Immigration and Naturalization (a) Agreements with States for Medicaid sistance that meets certain requirements. Service, and the state must verify the SSN and CHIP Outreach on or Near Reservations States may also provide benefits to SCHIP with the Social Security Administration). to Increase the Enrollment of Indians in children, called targeted low-income chil- States must also establish a Medicaid eligi- Those Programs dren, through enrollment in Medicaid. Apart bility quality control (MEQC) program de- Current Law from these benefit payments, SCHIP pay- signed to reduce erroneous expenditures by ments for four other specific health care ac- monitoring eligibility determinations. State No provision in the Social Security Act. tivities can be made, including: (1) other Section 404(a) of the IHCIA requires the Medicaid overpayments made on behalf of in- child health assistance for targeted low-in- Secretary to make grants or enter into con- dividuals due to an error in determining eli- come children; (2) health services initiatives tracts with Tribal Organizations for estab- gibility may not exceed 3% of the State’s to improve the health of targeted low-in- lishing and administering programs on or total Medicaid expenditures in a given fiscal come children and other low-income chil- near federal Indian reservations and trust year. Erroneous excess payments that exceed dren; (3) outreach activities; and (4) other areas and in or near Alaska Native villages. the 3% error rate will not be matched with reasonable administrative costs. For a given The purpose of the programs is to assist indi- Federal Medicaid funds. fiscal year, SCHIP statute specifies that pay- vidual Indians to enroll in Medicare, apply With regard to criteria for State Personnel ments for these four other specific health for Medicaid and pay monthly premiums for Administration and Offices, current law re- care activities cannot exceed 10% of the coverage due to financial need of such indi- quires each state plan to establish and main- total amount of expenditures for benefits viduals. Section 404(b) of the IHCIA directs tain methods of personnel administration in (excluding payments for services rendered the Secretary, through the IHS, to set condi- accordance with the Administration of the during periods of presumptive eligibility tions for any grant or contract. The condi- Standards for a Merit System of Personnel under Medicaid) and other specific health tions include, but are not limited to: (1) de- Administration, 5 CFR Part 900, Subpart F. care activities combined. termining the Indian population that is, or States must assure compliance with the could be, served by Medicare and Medicaid; Explanation of Provision standards by local jurisdictions; assure that (2) assisting individual Indians to become fa- The provision would exclude from the 10% the U.S. Civil Service Commission has re- miliar with and use benefits; (3) providing cap on CHIP payments for the four other spe- viewed and determined the adequacy of state transportation to Indians to the appropriate cific health care activities described above: laws, regulations, and policies; obtain state- offices to enroll or apply for medical assist- (1) expenditures for outreach activities to ments of acceptance of the standards by ance; and (4) developing and implementing families of Indian children likely to be eligi- local agencies; submit materials to show both an income schedule to determine pre- ble for CHIP or Medicaid, or under related compliance with these standards when re- mium payment levels for coverage of needy waivers, and (2) related informing and enroll- quested by HHS; and have in effect an af- individuals and methods to improve Indian ment assistance activities for Indian chil- firmative action plan, which includes spe- participation in Medicare and Medicaid. Sec- dren under such programs, expansions, or cific action steps and timetables, to assure tion 404( c) of the IHCIA authorizes the Sec- waivers, including such activities conducted equal employment opportunity. SCHIP defines a targeted low-income child retary, acting through the IHS, to enter into under grants, contracts, or agreements en- as one who is under the age of 19 years with agreements with tribes, Tribal Organiza- tered into under Section 1139 of this Act. no health insurance, and who would not have tions, and Urban Indian Organizations to re- SECTION 203. OPTION FOR STATES TO RELY ON been eligible for Medicaid under the rules in ceive and process applications for medical FINDINGS BY AN EXPRESS LANE AGENCY TO effect in the state on March 31, 1997. Federal assistance under Medicaid and benefits under DETERMINE COMPONENTS OF A CHILD’S ELIGI- law requires that eligibility for Medicaid and Medicare at facilities administered by the BILITY FOR MEDICAID OR CHIP SCHIP be coordinated when states imple- IHS, or by a tribe, Tribal Organization or Current Law ment separate SCHIP programs. In these cir- Urban Indian Organization under the Indian Medicaid law and regulations contain re- cumstances, applications for SCHIP coverage Self-Determination Act. quirements regarding determinations of eli- must first be screened for Medicaid eligi- Explanation of Provision gibility and applications for assistance. Gen- bility. The provision would amend Section 1139 of erally, the Medicaid agency must determine Under Medicaid presumptive eligibility the Social Security Act (replacing the cur- the eligibility of each applicant no more rules, states are allowed to temporarily en- rent Section 1139 provision dealing with an than 90 days from the date of application for roll children whose family income appears to expired National Commission on Children). disability-based applications and 45 days for be below Medicaid income standards for up

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10181 to 2 months until a final formal determina- the state determines reflects the income regarding the ability of Medicaid to contract tion of eligibility is made. Entities qualified methodologies of the program administered with non-profit and for-profit agencies to ad- to make presumptive eligibility determina- by the Express Lane Agency and the Med- minister the Medicaid application process tions for children include Medicaid pro- icaid State plan, (2) providing that the child with clarifying language that nothing in this viders, agencies that determine eligibility satisfies all income requirements for Med- demonstration exempts states from the for Head Start, subsidized child care, or the icaid eligibility, or (3) providing that such merit-based system for Medicaid employees. Special Supplemental Food Program for child has a family income that exceeds the A rule of construction would also clarify Women, Infants and Children (WIC). BIPA Medicaid income eligibility threshold that that states may not use the Express Lane op- 2000 added several entities to the list of those serves as the lower income eligibility thresh- tion as a means of avoiding current merit- qualified to make Medicaid presumptive eli- old for CHIP. based employment requirements for Med- gibility determinations. These include agen- The provision would allow states to pro- icaid determinations. cies that determine eligibility for Medicaid vide for presumptive eligibility under CHIP In addition, the provision would require or the State Children’s Health Insurance for a child who, based on an eligibility deter- such agencies to notify the child’s family (1) Program (SCHIP); certain elementary and mination of an income finding from an Ex- of the information that will be disclosed secondary schools; state or tribal child sup- press Lane agency, would qualify for child under this provision, (2) that the information port enforcement agencies; certain organiza- health assistance under CHIP. During the pe- will be used solely for the purposes of deter- tions providing food and shelter to the home- riod of presumptive eligibility, the State mining eligibility under Medicaid and CHIP, less; entities involved in enrollment under may determine the child’s eligibility for (3) that the family may elect not to have the Medicaid, TANF, SCHIP, or that determine CHIP based on telephone contact with family information disclosed for such purposes. The eligibility for federally funded housing as- members, access to data available in elec- Express Lane agency must also enter into or sistance; or any other entity deemed by a tronic or paper format, or other means that be subject to an interagency agreement to state, as approved by the Secretary of HHS. minimize to the maximum extent feasible limit the disclosure and use of such informa- These Medicaid presumptive eligibility rules the burden on the family. tion. A State may initiate a Medicaid eligibility for children also apply to SCHIP. As part of the demonstration, signatures determination (and determine program eligi- Explanation of Provision under penalty of perjury would not be re- bility) without a program application based quired on a Medicaid application form at- The provision would create a three year on data obtained from sources other than the testing to any element of the application for demonstration program that would allow up child (or the child’s family), but such child which eligibility is based on information re- to 10 states to use Express Lane at Medicaid can only be automatically enrolled in Med- ceived from a source other than an appli- and SCHIP enrollment and renewal. The icaid (or CHIP) if the family affirmatively cant. The provision would provide that any demonstration would provide $44 million for consented to being enrolled through affirma- signature requirement for a Medicaid appli- systems upgrades and implementation (not tion and signature on an Express Lane agen- cation may be satisfied through an elec- coverage costs) and $5 million for an inde- cy application. The provision requires the tronic signature. pendent evaluation of the demonstration at State to have procedures in place to inform States participating in the Demonstration the end of three years and a report on the the individual of the services that will be will have to code which children are enrolled demonstration’s effectiveness to Congress. covered, appropriate methods for using such in Medicaid or CHIP by way of Express Lane The report would be due one year after com- services, premium or other cost sharing for the duration of the demonstration. pletion of the demonstration. charges (if any) that apply, medical support States must take a statistically valid sam- The Demonstration would allow states the obligations created by the enrollment (if ap- ple, approved by CMS, of the children en- option to rely on a finding made by an Ex- plicable), and the actions the individual rolled via Express Lane annually for full press Lane Agency within the preceding 12 must take to maintain enrollment and renew Medicaid eligibility review to determine eli- months to determine whether a child under coverage. For children who consent to en- gibility error rate. States submit the error age 19 (or at state option age 20, or 21) has rollment in the State plan, the provision rate to CMS and if the error rate exceeds 3% met one or more of the eligibility require- would allow the State to waive signature re- either of the first two years, the state must ments (e.g., income, assets or resources, citi- quirements on behalf of such child. show CMS what corrective actions are in zenship, or other criteria) necessary to deter- States that participate in the Express place to improve upon their error rate and mine an individual’s initial eligibility, eligi- Lane Eligibility Demonstration would not be will be required to reimburse erroneous ex- bility redetermination, or renewal of eligi- required to direct a child (or a child’s fam- cess payments that exceed the allowable bility for medical assistance under Medicaid ily) to submit information or documentation error rate of 3%. However, CMS does not (including the waiver of requirements of this previously submitted by the child or family have the authority to apply the error rate title). to an Express Lane agency that the State re- derived from the Express Lane sample to the If a finding from an Express Lane agency lies on for its Medicaid eligibility determina- entire Express Lane or Medicaid child popu- results in a child not being found eligible for tion. A participating state may rely on infor- lation, or to take other punitive action Medicaid or CHIP, the State would be re- mation from an Express Lane agency when against a state based on the error rate. quired to determine Medicaid or CHIP eligi- evaluating a child’s eligibility for Medicaid States that participate in the Express Lane bility using its regular procedures. The pro- or SCHIP without a separate, independent demonstration will continue to be subject to vision does not relieve states of their obliga- confirmation of the information at the time existing requirements under Medicaid re- tion to determine eligibility for medical as- of enrollment. quiring states to reimburse erroneous excess sistance under Medicaid, or prohibit state An Express Lane agency must be a public payments that exceed the allowable error options intended to increase enrollment of agency determined by the State agency to be rate of 3% consistent with 1903(u). eligible children under Medicaid or CHIP. In capable of making the determinations de- SECTION 204. AUTHORIZATION OF CERTAIN INFOR- addition, the provision requires states to inscribed in the provisions of this section and MATION DISCLOSURE TO SIMPLIFY HEALTH form the families (especially those whose is identified in the state plan under this title COVERAGE DETERMINATIONS children are enrolled in CHIP) that they may or Title XXI. Express Lane Agencies would qualify for lower premium payments or more include: (1) a public agency that determines Current Law comprehensive health coverage under Med- eligibility for assistance under a State pro- Each state must have an income and eligi- icaid if the family’s income were directly gram funded under part A of title IV, a pro- bility verification system under which (1) ap- evaluated for an eligibility determination by gram funded under Part D of title IV, a State plicants for Medicaid and several other spec- the State Medicaid agency, and at the fam- child health plan under title XXI, the Food ified government programs must furnish ily’s option they can seek a regular Medicaid Stamp Act of 1977, the Head Start Act, the their Social Security numbers to the state as eligibility determination. Richard B. Russell National School Lunch a condition for eligibility, and (2) wage infor- The provision would allow States to rely Act, the Child Nutrition Act of 1966, or the mation from various specified government on an Express Lane Agency finding that a Child Care and Development Block Grant, agencies is used to verify eligibility and to child is a qualified alien as long as the Agen- the Steward B. McKinney Homeless Assist- determine the amount of available benefits. cy complies with guidance and regulatory ance Act, the United States Housing Act of Subsequent to initial application, states procedures issued by the Secretary of Home- 1937, the Native American Housing Assist- must request information from other federal land Security for eligibility determinations ance and Self-Determination Act of 1996, (2) and state agencies, to verify applicants’ in- of qualified aliens, and verifications of immi- a state specified governmental agency that come, resources, citizenship status, and va- gration status (that meet the requirements has fiscal liability or legal responsibility for lidity of Social Security number (e.g., in- of Section 301 of this bill). the accuracy of the eligibility determination come from the Social Security Administra- States that opt to use an Express Lane findings, and (3) a public agency that is sub- tion (SSA), unearned income from the Inter- Agency to determine eligibility for Medicaid ject to an interagency agreement limiting nal Revenue Service (IRS), unemployment or CHIP may meet the CHIP screen and en- the disclosure and use of such information information from the appropriate state agen- roll requirements by using any of the fol- for eligibility determination purposes. cy, qualified aliens must present documenta- lowing requirements: (1) establishing a Programs run through Title XX (SSBG) tion of their immigration status, which threshold percentage of the Federal poverty are not eligible Express Lane agencies. Pri- states must then verify with the Immigra- level that is 30 percentage points (or such vate for-profit organizations are not eligible tion and Naturalization Service, and the other higher number of percentage points) as Express Lane agencies. Current law applies state must verify the SSN with the Social

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10182 CONGRESSIONAL RECORD — SENATE July 26, 2007 Security Administration). States must also The citizenship documentation require- national border whose membership includes establish a Medicaid eligibility quality con- ment does not apply to SCHIP. However, noncitizens, who would only be allowed to trol (MEQC) program designed to reduce er- some states use the same enrollment proce- use such documents until the Secretary of roneous expenditures by monitoring eligi- dures for all Medicaid and SCHIP applicants. HHS issues regulations authorizing the pres- bility determinations. As a result, it is possible that some SCHIP entation of other evidence. It would require Explanation of Provision enrollees would be asked to present evidence states to provide citizens with the same rea- The provision would authorize federal or of citizenship. sonable opportunity to present evidence that State agencies or private entities with po- Explanation of Provision is provided under Section 1137(d)(4)(A) to tential data sources relevant for the deter- As part of its Medicaid state plan and with noncitizens who must present evidence of mination of eligibility under Medicaid (e.g., respect to individuals declaring to be U.S. satisfactory immigration status. Groups eligibility files, vital records about births, citizens or nationals for purposes of estab- that are exempt from the Section 1903(x) etc.) to share such information with the lishing Medicaid eligibility, a state would be citizenship documentation requirement Medicaid agency if: (1) the child (or such required to provide that it satisfies existing would remain the same as under current law, child’s parent, guardian, or caretaker rel- Medicaid citizenship documentation rules except for the inclusion of a permanent ex- ative) has provided advanced consent to dis- under Section 1903(x) or new rules under Sec- emption for children who are deemed eligible closure, and has not objected to disclosure, tion 1902(dd). The Secretary would not be al- for Medicaid coverage by virtue of being (2) such data are used solely for the purpose lowed to waive this requirement. born to a mother on Medicaid. The provision of identifying, enrolling, and verifying po- Under a new Section 1902(dd), a state could would clarify that deemed eligibility applies tential eligibility for Medicaid medical as- meet its Medicaid state plan requirement for to children born to noncitizen women on sistance, and (3) an interagency agreement citizenship documentation by: (1) submitting emergency Medicaid, and would require sepa- prevents the unauthorized use, disclosure, or the name and Social Security number (SSN) rate identification numbers for children born modification of such data, and otherwise of an individual to the Commissioner of So- to these women. In order to receive reimbursement for an meets federal standards for safeguarding pri- cial Security as part of a plan established individual who has, or is, declared to be a vacy and data security, and requires the under specified rules and (2) in the case of an U.S. citizen or national for purposes of estab- State agency to use such data for the pur- individual whose name or SSN is invalid, lishing CHIP eligibility, a state would be re- poses of child enrollment in Medicaid. The providing the individual with an opportunity quired to meet the Medicaid state plan re- provision would impose criminal penalties to cure the invalid determination with the quirement for citizenship documentation de- for persons who engage in unauthorized ac- Social Security Administration, followed by scribed above. The 90% and 75% reimburse- tivities with such data. 90 days to present evidence of citizenship as For purposes of the Express Lane Dem- defined in Section 1903(x) and disenrolling ment for name and SSN validation would be onstration only, the provision would also au- the individual within 30 days after the end of available under SCHIP, and would not count thorize the Medicaid and CHIP programs to the 90-day period if evidence is not provided. towards a state’s CHIP administrative ex- receive data directly relevant to eligibility A state opting for name and SSN valida- penditures cap. Except for technical amendments made by determinations and determining the correct tion would be required to establish a pro- the provision and the application of citizen- amount of benefits under such program from gram under which it submits each month to ship documentation to CHIP, which would be (1) the National New Hires Database, (2) the the Commissioner of Social Security for effective upon enactment, the provision National Income Data collected by the Com- verification of the name and SSN of each in- would be effective as if included in the Def- missioner of Social Security, or (3) data dividual enrolled in Medicaid that month icit Reduction Act of 2005. States would be about enrollment in insurance that may help who has attained the age of 1 before the date allowed to provide retroactive eligibility for to facilitate outreach and enrollment under of the enrollment. In establishing its pro- certain individuals who had been determined Medicaid, CHIP and certain other programs. gram, a state could enter into an agreement ineligible under previous citizenship docu- Title III—Removal of Barriers to Enrollment with the Commissioner to provide for the electronic submission and verification of mentation rules. SECTION 301. VERIFICATION OF DECLARATION OF name and SSN before an individual is en- SECTION 302. REDUCING ADMINISTRATIVE CITIZENSHIP OR NATIONALITY FOR PURPOSES rolled in Medicaid. BARRIERS TO ENROLLMENT OF ELIGIBILITY FOR MEDICAID AND CHIP At such times and in such form as the Sec- Current Law Current Law retary may specify, states would be required During the implementation of SCHIP To be eligible for the full range of benefits to provide information on the percentage of states instituted a variety of enrollment fa- offered under Medicaid, an individual must invalid names and SSNs submitted each cilitation and outreach strategies to bring be a citizen or national of the United States month. If the average monthly percentage eligible children into Medicaid and SCHIP. or a qualified alien. Nonqualified aliens can for any fiscal year is greater than 7%, the As a result, substantial progress was made at only receive limited emergency Medicaid state shall develop and adopt a corrective the state level to simplify the application benefits. Noncitizens who apply for full Med- plan and pay the Secretary an amount equal and enrollment processes to find, enroll, and icaid benefits have been required since 1986 to total Medicaid payments for the fiscal maintain eligibility among those eligible for to present documentation that indicates a year for individuals who provided invalid in- the program. ‘‘satisfactory immigration status.’’ formation multiplied by the ratio of the Explanation of Provision Due to recent changes in federal law, citi- number of individuals with invalid informa- zens and nationals also must present docu- tion in excess of the 7% limited divided by The provision would require the State plan mentation that proves citizenship and docu- the total number of individuals with invalid to describe the procedures used to reduce the ments personal identity in order for states to information. The Secretary could waive, in administrative barriers to the enrollment of receive federal Medicaid reimbursement for certain limited cases, all or part of such pay- children and pregnant women in Medicaid services provided to them. This citizenship ment if a state is unable to reach the allow- and CHIP, and to ensure that such proce- documentation requirement was included in able error rate despite a good faith effort by dures are revised as often as the State deter- the Deficit Reduction Act of 2005 (DRA, P.L. the state. This provision shall not apply to a mines is appropriate to reduce newly identi- 109–171) and modified by the Tax Relief and State for a fiscal year, if there is an agree- fied barriers to enrollment. States would be Health Care Act of 2006 (P.L. 109–432). Before ment with the Commissioner to provide for deemed to comply with the above-listed re- the DRA, states could accept self-declaration the electronic submission and verification of quirement if (1) the State’s application and of citizenship for Medicaid, although some name and SSN before an individual is en- renewal forms, and information verification chose to require additional supporting evi- rolled in Medicaid, as of the close of the fis- processes are the same under Medicaid and dence. cal year. CHIP for establishing and renewing eligi- The citizenship documentation require- States would receive 90% reimbursement bility for children and pregnant women, and ment is outlined under Section 1903(x) of the for costs attributable to the design, develop- (2) the state does not require a face-to-face Social Security Act and applies to Medicaid ment, or installation of such mechanized interview during the application process. eligibility determinations and redetermina- verification and information retrieval sys- Title IV—Elmination of Barriers to tions made on or after July 1, 2006. The law tems as the Secretary determines are nec- Providing Premium Assistance specifies documents that are acceptable for essary to implement name and SSN valida- Subtitle A—Additional State Option for this purpose and exempts certain groups tion, and 75% for the operation of such sys- Providing Premium Assistance from the requirement, including people who tems. SECTION 401. ADDITIONAL STATE OPTION FOR receive Medicare benefits, Social Security The provision would also clarify require- PROVIDING PREMIUM ASSISTANCE benefits on the basis of a disability, Supple- ments under the existing Section 1903(x). It mental Security Income benefits, child wel- would add ‘‘a document issued by a federally- Current Law fare assistance under Title IV–B of the So- recognized Indian tribe evidencing member- Under Medicaid, a provision in the Omni- cial Security Act, or adoption or foster care ship or enrollment in, or affiliation with, bus Budget Reconciliation Act (OBRA) of assistance under Title IV–E of the Social Se- such tribe’’ to the list of documents that 1990 created the health insurance premium curity Act. An interim final rule on the re- provide satisfactory documentary evidence payment (HIPP) program. The original HIPP quirement was issued in July 2006, and a of citizenship or nationality, except for provision required state Medicaid programs final rule was issued in July 2007. tribes located within states having an inter- to pay a Medicaid beneficiary’s share of costs

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10183 for group (employer-based) health coverage credible health coverage as a group health subsidy to eligible parents in the same man- for any Medicaid enrollee for whom em- plan under the Public Health Service Act, (2) ner as that State offers such subsidy to eligi- ployer-based coverage is available when that for which the employer contributes at least ble child(ren). The amount of the premium coverage is both comprehensive and cost ef- 40 percent toward the cost of the premium, subsidy would be increased to take into ac- fective for the state. An individual’s enroll- and (3) is non-discriminatory in a manner count the cost of enrollment of the parent in ment in an employer plan is considered cost similar to section 105(h) of the Internal Rev- the ESI coverage, or at state option, the cost effective if paying the premiums, enue Code but would not allow employers to of the enrollment of the child’s family (if the deductibles, coinsurance and other cost-shar- exclude workers who had less than 3 years of states determines that it is cost-effective). ing obligations of the employer plan is less service. Qualified employer-sponsored insur- Each state has the option to establish an expensive than the state’s expected cost of ance would not include (1) benefits provided employer/family premium assistance pur- directly providing Medicaid-covered services. under a health flexible spending arrange- chasing pool for employers with less than 250 Under the original provision, states were ment, (2) a high deductible health plan pur- employees who have at least one CHIP-eligi- also required to purchase employer-based chased in conjunction with a health savings ble employee (pregnant woman) or child. health insurance for non-Medicaid eligible account as defined in the Internal Revenue The state, or a state designated entity, family members if such family coverage was Code of 1986. will identify and offer access to not less than necessary for Medicaid-eligible individual to The provision would establish a new cost two privately delivered health products that receive coverage, and as long as it was still effectiveness test for ESI programs. A group meet the CHIP benefits benchmark. cost-effective. States were also to provide health plan or health insurance coverage of- States that provide ESI coverage to par- coverage for those Medicaid covered services fered through an employer would be consid- ents of targeted low-income children, would that are not included in the private plans. In ered qualified employer sponsored coverage be permitted to offer a premium assistance August 1997, as part of the Balanced Budget if the state establishes that (1) the cost of subsidy to eligible parents in the same man- Act, Congress amended the mandatory na- such coverage is less than the expenditures ner as that State offers such subsidy to eligi- ture of the HIPP provision. Today, states that the State would have made to enroll the ble child(ren). The amount of the premium can opt to use Medicaid funds to pay for pre- child or the family (as applicable) in CHIP, subsidy would be increased to take into ac- miums and other cost-sharing for Medicaid or (2) the State establishes that the aggre- count the cost of enrollment of the parent in beneficiaries when coverage is available, gate amount of State expenditures for the the ESI coverage, or at state option, the cost comprehensive, and cost-effective. purchase of all such coverage for targeted of the enrollment of the child’s family (if the Under SCHIP, the Secretary has the au- low-income children under CHIP (including states determines that it is cost-effective). thority to approve funding for the purchase administrative expenses) does not exceed the This provision would not limit the state’s of ‘‘family coverage’’ if it is cost effective aggregate amount of expenditures that the authority to offer premium assistance under relative to the amount paid to cover only the State would have made for providing cov- the Medicaid HIPP program, a section 1115 targeted low-income children and does not erage under the CHIP state plan for all such demonstration waiver, or any other author- substitute for coverage under group health children. ity in effect prior to the enactment of this plans that would otherwise be provided to Premium assistance subsidies would be Act. States would be required to inform par- the children. While the term ‘‘family cov- considered child health assistance for the ents about the availability of premium as- erage’’ is not specifically defined in the stat- purpose of making federal matching pay- sistance subsidies for CHIP eligible children ute, it has been interpreted to refer to either ments under the CHIP program, and the in qualified employer-sponsored insurance, coverage for the entire family under an state would be considered a secondary payor how the family would elect such subsides SCHIP program or under an employer-spon- for any items or services provided under ESI during the application process and ensure sored health insurance plan. In addition, coverage. The provision defines premium as- that parents are fully informed of the states using SCHIP funds for employer-based sistance subsidies as an amount equal to the choices for receiving child health assistance plan premiums must ensure that SCHIP min- difference between the employee contribu- under the CHIP or through the receipt of a imum benefits are provided and SCHIP cost- tion for the employee only, and the employee premium assistance subsidy. sharing ceilings are met. contribution for the employee and CHIP-eli- The provision would also allow States to Because of these requirements, implemen- gible child, less applicable premium cost provide premium assistance subsidies for entation of premium assistance programs sharing imposed under title XXI (including rollment of targeted low-income children in under Medicaid and SCHIP are not wide- the employee contribution toward the 5 per- coverage under a group health plan or health spread. States cited difficulty in identifying cent total annual aggregate cost-sharing insurance coverage offered through an em- potential enrollees, determining whether the limit under CHIP). States would be per- ployer if it is determined that such coverage subsidy would be cost-effective, and obtain- mitted to provide a premium assistance sub- is actuarially equivalent to CHIP benchmark ing necessary information (e.g., information sidy as reimbursement for out-of-pocket ex- benefits coverage, or CHIP benchmark-equiv- about the availability of employer-sponsored penses directly to an employee, or directly alent coverage. Plans that meet the CHIP plans, covered benefits, available contribu- to the employer. At the employer’s option, benefit coverage requirements would not be tions, and the remaining costs) as some of the provision permits the employer to notify required to provide supplemental coverage the barriers to the implementation of such the State that it elects to opt out of being for benefits and cost-sharing protections as programs. directly paid a premium assistance subsidy required under CHIP. Such provisions would In August 2001, the Bush Administration on behalf of an employee. In the event of be applied to Medicaid-eligible children and introduced the Health Insurance Flexibility such notification, the employer would be re- to the parents of Medicaid-eligible children and Accountability (HIFA) Initiative under quired to withhold the total amount of the in the same manner as they are applied to the Section 1115 waiver authority. Under employee contribution required for enroll- CHIP. HIFA, states were to direct unspent SCHIP ment of the employee (and the child) in the Finally, the provision would require the funds to extend coverage to uninsured popu- ESI coverage and then the State would then General Accountability Office to submit a lations with annual income less than 200% pay the premium subsidy directly to the em- report to the appropriate committees of Con- FPL and to use Medicaid and SCHIP funds to ployee. gress on cost and coverage issues relating to pay premium costs for waiver enrollees who States would be required to provide supple- any State premium assistance programs for have access to Employer Sponsored Insur- mental coverage for each targeted low in- which federal matching payments are made ance (ESI). This resulted in an increased em- come child enrolled in the ESI plan con- under Medicaid, CHIP, or the Section 1115 phasis on states’ use of the Section 1115 sisting of items or services that are not cov- waiver authority. Such report will be due to waiver authority to offer premium assist- ered, or are only partially covered, and cost- Congress no later than January 1, 2009. sharing protections consistent with the re- ance for employer-based health coverage in SECTION 402. OUTREACH, EDUCATION, AND quirements of CHIP. States would be per- lieu of full Medicaid and/or SCHIP coverage. ENROLLMENT ASSISTANCE mitted to directly pay out-of-pocket expend- ESI programs approved under the Section Current Law 1115 waiver authority are not subject to the itures for cost-sharing imposed under the SCHIP states plans are required to include same current law constraints required under qualified ESI coverage and collect all (or a description of the procedures in place to Medicaid’s HIPP program or SCHIP’s family any) portion for cost-sharing imposed on the provide outreach to children eligible for coverage variance option (i.e., the com- family. Waiting periods (to prevent crowd-out of SCHIP child health assistance, or other pub- prehensiveness and cost-effectiveness tests). private coverage with public coverage) im- lic or private health programs to (1) inform Explanation of Provision posed under the CHIP state plan would also these families of the availability of SCHIP The provision would allow states to offer a apply to premium assistance coverage. Par- coverage, and (2) to assist them in enrolling premium assistance subsidy for qualified em- ents would be permitted to disenroll their such children in SCHIP. In addition, states ployer sponsored coverage to all targeted child(ren) from ESI coverage and enroll are required to provide a description of the low-income children who are eligible for them in CHIP coverage effective on the first state’s efforts to ensure coordination be- child health assistance and have access to day of any month for which the child is eligi- tween SCHIP and other public and private such coverage. Qualified employer sponsored ble for such coverage. health coverage. coverage would be defined as a group health States that provide ESI coverage to par- There is a limit on federal spending for plan or health insurance coverage offered ents of targeted low-income children, would SCHIP administrative expenses, which in- through an employer that (1) qualifies as be permitted to offer a premium assistance clude activities such as data collection and

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10184 CONGRESSIONAL RECORD — SENATE July 26, 2007 reporting, as well as outreach and education. ployee or dependent(s) becomes eligible for would be to develop the model coverage co- For federal matching purposes, a 10% cap ap- assistance, with respect to coverage under ordination disclosure form, and to identify plies to state administrative expenses. This the group health plan under Medicaid or the impediments to effective coordination of cap is tied to the dollar amount that a state CHIP (including under any waiver or dem- coverage available to families. The purpose draws down from its annual allotment to onstration project), if the employee requests of the disclosure form would be to allow the cover benefits under SCHIP, as opposed to coverage under the group health plan no State to determine the availability and cost- 10% of a state’s total annual allotment. In later than 60 days after the date the em- effectiveness of coverage, and allow for co- other words, no more than 10% of the federal ployee or dependent is determined to be eli- ordination of coverage for enrollees of such funds that a state draws down for SCHIP gible for such assistance. plans. The forms will include (1) information benefit expenditures can be used for adminis- Each employer that maintains a group that will allow for the determination of an trative expenses. health plan in a State that provides pre- employee’s eligibility for coverage under the Explanation of Provision mium assistance under Medicaid or CHIP group health plan, (2) the name and contact would be required to provide each employee The provision would require states to in- information of the plan administrator of the a written notice of the potential opportuni- group health plan, (3) benefits offered under clude a description of the procedures in place ties for premium assistance available in the to provide outreach, education, and enroll- the plan, (4) premiums and cost-sharing State under Medicaid and CHIP. For compli- under the plan, and (5) any other informa- ment assistance for families of children like- ance purposes, the employer may use any ly to be eligible for premium assistance sub- tion relevant to coverage under the plan. State-specific model notice issued by the The Working Group would consist of no sidies under CHIP or a waiver approved Secretary of Labor or the Secretary of more than 30 members and be composed of under Section 1115. For employers likely to Health and Human Services in accordance representatives from the Department of provide qualified employer-sponsored cov- with the model notice requirements estab- Labor, the Department of Health and Human erage, the state is required to include the lished under this section of the bill. Services, State directors of Medicaid and specific resources the State intends to apply The plan administer of the group health CHIP programs, employers (including owners to educate employers about the availability plan would be required to disclose to the of small businesses and their trade or indus- of premium assistance subsidies under the State, upon request, information about the try representatives and certified human re- CHIP state plan. Expenditures for such out- benefits available under the group health source and payroll professionals), plan ad- reach activities would not be subject to the plan so as to permit the State to make a de- ministrations and plan sponsors of group 10 percent limit on spending for administra- termination concerning cost-effectiveness, health plans, and children and other bene- tive costs associated with the CHIP program. and in order for the State to provide supple- ficiaries of Medicaid and CHIP. Members Subtitle B—Coordinating Premium mental benefits if required. would be required to serve without com- Assistance With Private Coverage The provision includes conforming amend- pensation. The Department of Health and SECTION 411. SPECIAL ENROLLMENT PERIOD ments. A group health plan and a health in- Human Services and the Department of UNDER GROUP HEALTH PLANS IN CASE OF TER- surance issuer offering group health insur- Labor would be required to jointly provide MINATION OF MEDICAID OR CHIP COVERAGE OR ance (under the Employee Retirement In- appropriate administrative support to the ELIGIBILITY FOR ASSISTANCE IN PURCHASE OF come Security Act) would be required to per- Working Group, including technical assist- EMPLOYMENT-BASED COVERAGE mit an eligible but not enrolled employee (or ance. The Working Group would be required Current Law dependent(s) of such an employee) to enroll to submit the model coverage coordination for coverage under the group health plan if Under the Internal Revenue Code, a group disclosure form, along with a report con- either of the following conditions are met: health plan is required to provide special en- taining recommendations for appropriate (1) the employee or dependent(s) is/are cov- rollment opportunities to qualified individ- measures to address impediments to effec- ered under Medicaid or CHIP, and coverage uals. Special enrollment refers to the oppor- tive coordination of coverage between Med- of the employee or dependent(s) is termi- tunity given to qualified individuals to en- icaid, CHIP and group health plans, to the nated as a result of loss of eligibility and the roll in a health plan without having to wait Labor Secretary and the HHS Secretary no employee requests coverage under the group until a late enrollment opportunity or open later than 18 months after the date of enact- health plan not later than 60 days after the season. Such individuals must have lost eli- ment. The Secretaries shall jointly submit a date of coverage termination, or (2) the em- gibility for other group coverage, or lost em- report regarding the Working Group report ployee or dependent(s) becomes eligible for ployer contributions towards health cov- recommendations to each chamber of the assistance, with respect to coverage under erage, or added a dependent due to marriage, Congress no later than 2 months after re- the group health plan under Medicaid or birth, adoption, or placement for adoption. ceipt of the report from the Working Group. CHIP (including under any waiver or dem- In addition, the individual must meet the The Working Group shall terminate 30 days onstration project), if the employee requests health plan’s substantive eligibility require- after the issuance of its report. coverage under the group health plan not ments, such as being a full-time worker or The Labor Secretary and the HHS Sec- later than 60 days after the date the em- satisfying a waiting period. Health plans retary would be required to develop the ini- ployee or dependent is determined to be eli- must give qualified individuals at least 30 tial model notices, and the Labor Secretary gible for such assistance. would provide such notices to employers no days after the qualifying event (e.g., loss of Each employer that maintains a group eligibility) to make a request for special en- later than 1 year after the date of enact- health plan in a State that provides pre- ment. Each employer would be required to rollment. mium assistance under Medicaid or CHIP The same special enrollment opportunities provide initial annual notices to its employ- would be required to provide each employee apply to group health plans and health insur- ees beginning the first year after the date on a written notice of the potential opportuni- ance issuers offering group health insurance which the model notices are first issued. The ties for premium assistance available in the under the Employee Retirement Income Se- model coverage coordination disclosure form State under Medicaid and CHIP. Not later curity Act. would also apply to requests made by States than 1 year after the date of enactment, the The Employee Retirement Income Secu- beginning the first year after the date on Secretary of Labor and the Secretary of rity Act specifies the persons who may bring which the model notices are first issued. Health and Human Services (HHS), in con- civil action to enforce the provisions under The provision would amend current law by sultation with State Medicaid Directors and this statute. Such persons include a plan allowing the Labor Secretary to assess a State CHIP Directors, would be required to participant or beneficiary, a fiduciary, the civil penalty (up to $100 a day) against an develop model notices to enable employers Secretary of Labor, and a State. Current law employer for failure to meet the new notice to comply with notice requirements in a allows the Secretary to assess a maximum fi- requirement established under this section of timely manner. Model notices would include nancial penalty.against a plan administrator the bill. Each violation with respect to any information regarding how an employee or employer for certain violations, including employee would be treated as a separate vio- would contact the State for information re- failure to meet the existing notice require- lation. The Labor Secretary would also be al- garding premium assistance and how to ment. lowed to assess a civil penalty (up to $100 a apply for such assistance. Explanation of Provision day) against a plan administrator for failure The plan administer of the group health to comply with the new disclosure require- The provision would require (under the In- plan would be required to disclose to the ment established under this section of the ternal Revenue Code) a group health plan to State, upon request, information about the bill. Each violation with respect to any par- permit an eligible but not enrolled employee benefits available under the group health ticipant or beneficiary would be treated as a (or dependent(s) of such an employee) to en- plan so as to permit the State to make a de- separate violation. roll for coverage under the group health plan termination concerning cost-effectiveness, Title V—Strengthening Quality of Care and if either of the following conditions are met: and in order for the State to provide supple- Health Outcomes of Children (1) the employee or dependent(s) is/are cov- mental benefits if required. ered under Medicaid or CHIP, and coverage The HHS Secretary and the Labor Sec- SECTION 501. CHILD HEALTH QUALITY IMPROVE- of the employee or dependent(s) is termi- retary would be required to jointly establish MENT ACTIVITIES FOR CHILDREN ENROLLED IN nated as a result of loss of eligibility and the a Medicaid, CHIP, and Employer-Sponsored MEDICAID OR CHIP employee requests coverage under the group Coverage Coordination Working Group not Current Law health plan not later than 60 days after the later than 60 days after the date of enact- The Centers for Medicare and Medicaid date of coverage termination, or (2) the em- ment. The purpose of the Working Group Services (CMS) and the Agency for

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10185 Healthcare Research and Quality (AHRQ) are With consultation with specific groups coverage and health care for children, ad- both actively involved in funding and imple- (identified below), the Secretary must iden- dress the needs of children throughout the menting an array of quality improvement tify existing quality of care measures for developmental age span, and that allow pur- initiatives, though only AHRQ has engaged children that are in use under public and pri- chasers, families, and health care providers in activities specific to children. vately sponsored health care coverage ar- to understand the quality of care in relation In November 2002, CMS started the Quality rangements, or that are part of reporting to the preventive needs of children, treat- Initiative (QI), a multi-faceted effort to im- systems that measure both the presence and ments aimed at managing and resolving prove health care quality. This program in- duration of health insurance coverage over acute conditions, and diagnostic and treat- cludes the Nursing Home Quality Initiative, time. Based on such measures, the Secretary ment services to correct or ameliorate phys- the Home Health Quality Initiative, the Na- published an initial core set of child health ical, mental or developmental conditions tional Voluntary Hospital Quality Reporting quality measures that includes, but is not that could become chronic if left untreated Initiative, and the Physician Focused Qual- limited to, the following: (1) duration of in- or poorly treated. ity Initiative. The Medicare Prescription surance coverage over a 12-month period, (2) (b) Advancing and Improving Pediatric Drug, Improvement, and Modernization Act availability of a full range of preventive Quality Measures. of 2003 (MMA) included provisions for hos- services, treatments, and services for acute The provision would also require the Sec- pitals to report data on quality indicators. conditions, including services to promote retary to establish a pediatric quality meas- In addition, the MMA included a variety of healthy birth and prevent and treat pre- ures program not later than January 1, 2010. provisions designed to promote quality care, mature birth, and treatments to correct or The purpose of this program would be to (1) such as demonstrations that focus on im- ameliorate the effects of chronic physical improve and strengthen the initial core child proving the treatment of chronic illnesses and mental conditions, (3) availability of health care quality measures, (2) expand on and on identifying effective approaches for care in a range of ambulatory and inpatient existing pediatric quality measures used by rewarding superlative performance. In 2005, settings, and (4) measures that, taken to- both public and private purchasers and ad- quality reporting was expanded for inpatient gether, can be used to estimate the overall vance the development of new and emerging hospital services and extended to home national quality of health care for children measures, and (3) increase the portfolio of health. The development of plans for value- and to perform comparative analyses of pedi- evidence-based, consensus pediatric quality based purchasing in hospitals and home atric health care quality and racial, ethnic, measures available to public and private pur- health settings was also required. In 2006, and socioeconomic disparities in child health chases of children’s health care services, pro- quality reporting was extended to hospital and health care for children. viders and consumers. outpatient services and ambulatory service Not later than 2 years after the enactment At a minimum, the pediatric quality meas- centers. Additionally, the 2007 Physician of the Children’s Health Insurance Program ures developed under this program must be Quality Reporting Initiative (PQRI) imple- Reauthorization Act of 2007, the Secretary, (1) evidence-based and where appropriate, mented a voluntary quality reporting system in consultation with the states, must de- risk-adjusted, (2) designed to identify and for physicians and other eligible profes- velop a standardized format for reporting in- eliminate racial and ethnic disparities in sionals with incentive payments for covered formation and procedures and approaches child health and the provision of health care, professional services tied to the reporting of that encourage states to use the initial core (3) designed to ensure that the data required claims data. measurement set to voluntarily report infor- for such measures is collected and reported None of the CMS QI programs to date have mation regarding quality of pediatric care in a standard format that permits compari- focused on children. Rather, most have founder Medicaid and CHIP. sons at the state, plan and provider level, (4) cused on the general population, adults with In addition, the Secretary must dissemi- periodically adjusted, and (5) responsive to chronic conditions, or the frail elderly. nate information to states regarding best child health needs, services and stability of AHRQ has made quality improvement for practices with respect to measuring and re- coverage. children a priority in recent years. In part, porting quality of care for children, and In identifying gaps in existing pediatric this is because of the high costs incurred by must facilitate adoption of such best prac- quality measures and establishing priorities children on Medicaid/SCHIP. tices. In developing these best practices ap- for the development and use of such meas- Many AHRQ projects to implement and proaches, the Secretary must give particular ures, the Secretary must consult with a vari- evaluate improved health care strategies for attention to state measurement techniques ety of entities, including (1) states, (2) insti- the care of children are underway. These in- that ensure timeliness and accuracy of pro- tutional and non-institutional providers that clude: vider reporting, encourage provider report- specialize in the care and treatment of chil- 1. Pediatric Quality Indicators that ining compliance and encourage successful dren, particularly those with special needs, cludes a set of measures that can be used quality improvement strategies, and im- (3) dental professionals, including pediatric with hospital inpatient discharge data to de- prove efficiency in data collection using dental professionals, (4) primary care protect patient safety events and potentially health information technology. viders for children and families living in avoidable hospitalizations. Not later than January 1, 2010, and every 3 medically under-served areas, or who are 2. The Consumer Assessment of Healthcare years thereafter, the Secretary must report members of population subgroups at height- Providers and Systems (CAHPS) program is to Congress on (1) the status of the Sec- ened risk for poor health outcomes, (5) na- a public-private initiative to develop stand- retary’s efforts to improve quality related to tional organizations representing consumers ardized surveys of patients’ experiences with the duration and stability of health insur- and purchasers of children’s health care, (6) ambulatory and facility-level care. Medicaid ance coverage for children under Medicaid national organizations and individuals with uses CAHPS to measure quality of care for and CHIP, (2) the quality of children’s health expertise in pediatric health quality meas- children with special health care needs. care under those programs, including preven- urement, and (7) voluntary consensus stand- 3. AHRQ’s Child Health Care Quality Tool- tive health services, health care for acute ard setting organizations and other organiza- box lists tips and tools for evaluating health conditions, chronic health care, and health tions involved in the advancement of evi- care quality for children. It is available to services to ameliorate the effects of physical dence-based measures of health care. providers and consumers at www.ahrq.gov/ and mental conditions, as well as to aid in In addition, the Secretary must award chtoolbx/index.htm. growth and development of children, and (3) grants and contracts for the development, Other AHRQ-supported initiatives to im- quality of children’s health care, including testing, and validation of new, emerging, and prove the quality and safety of health care clinical quality, health care safety, family innovative evidence-based measures for chil- for children and adolescents, focusing on experience with health care, health care in dren’s health care services across the do- health care IT, and the development of pedi- the most integrated setting, and elimination mains of quality identified above, and must atric electronic medical records, among of racial, ethnic, and socioeconomic dispari- also award grants and contracts for the (1) other quality improvement activities. ties in health and health care. In these re- development of consensus on evidence-based Explanation of Provision ports to Congress, the Secretary must also measures for children’s health care services, (a) Development of Child Health Quality describe the status of voluntary reporting by (2) dissemination of such measures to public Measures For Children Enrolled in Medicaid states under Medicaid and CHIP utilizing the and private purchasers of health care for or CHIP. initial core set of quality measures, and pro- children, and (3) updating of such measures The provision would add a new section to vide any recommendations for legislative as necessary. the Social Security Act defining child health changes needed to improve quality of care Beginning no later than January 1, 2012 quality improvement activities for children provided to Medicaid and CHIP children, in- and annually thereafter, the Secretary must enrolled in Medicaid and CHIP. Not later cluding recommendations for quality report- publish recommended changes to the core than January 1, 2009, the Secretary would be ing by states. The Secretary must also pro- measures described above that must reflect required to identify and publish for general vide technical assistance to states to assist the testing, validation, and consensus proc- comment an initial recommended core set of them in adopting and utilizing core child ess for the development of pediatric quality child health quality measures for use by health quality measures for their Medicaid measures also described above. states with respect to Medicaid and CHIP, and CHIP programs. The term ‘‘pediatric quality measure’’ health insurance issuers and managed care The provision defines ‘‘core set’’ to mean a means a measurement of clinical care that is entities that enter into contracts under Med- group of valid, reliable and evidence-based capable of being examined through the col- icaid and CHIP, and providers under those quality measures for children that provide lection and analysis of relevant information, two programs. information regarding the quality of health that is developed in order to assess one or

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10186 CONGRESSIONAL RECORD — SENATE July 26, 2007 more aspects of pediatric health care quality While many of these have been state-based An eligible entity awarded a grant under in various institutional and ambulatory efforts, the federal government has actively this provision shall use the funds to (1) carry health care settings, including the structure funded obesity research as well as health out community-based activities related to of the clinical care system, the process of promotion campaigns and public health sur- reducing childhood obesity, (2) carry out age- care, the outcome of care, or patient experi- veillance systems. appropriate school-based activities that are ences in care. Title III of the Public Health Service Act designed to reduce childhood obesity, (3) (c) Annual State Reports Regarding State- (42 USC) obliges the Secretary of Health and carry out educational, counseling, pro- Specific Quality of Care Measures Applied Human Services to ‘‘conduct . . . encourage, motional, and training activities through Under Medicaid or CHIP. cooperate with, and render assistance to the local health care delivery systems, and Each state with an approved state plan for other appropriate public authorities, sci- (4) provide, through qualified health profes- Medicaid or CHIP must report annually to entific institutions, and scientists in the sionals, training and supervision for commu- the Secretary the following: (1) state-specific conduct of, and promote the coordination of, nity health workers to engage in educational child health quality measures, including research, investigations, experiments, and efforts related to obesity. measures of duration and stability of insur- demonstrations, and studies relating to the Not later than 3 years after the Secretary ance coverage; quality with respect to pre- causes, diagnosis, treatment, control, and implements the demonstration project under ventive services and care for acute and prevention of physical and mental diseases this subsection, the Secretary shall submit chronic conditions as well as services to and impairments’’. In carrying out these re- to Congress a report that describes the ameliorate the effects of physical and men- sponsibilities, the Secretary is authorized to project, evaluates the effectiveness and cost tal conditions, and to aid in growth and de- make grants-in-aid to universities, hospitals, effectiveness of the project, evaluates bene- velopment; clinical quality, health care safe- laboratories, other public or private institu- ficiary satisfaction under the project, and in- ty, family experience with health care, care tions, and to individuals for research cludes any other information the Secretary delivered in the most integrated setting, and projects. deems appropriate. $25 million is authorized elimination of racial, ethnic and socio- The National Academy of Sciences (NAS) for this purpose. economic disparities in health care; and recently noted that the fundamental prob- (f) Development of Model Electronic other measures in the initial core quality lem plaguing national programs seeking to Health Record Format for Children Enrolled measurement set identified above, and (2) address the obesity crisis is that these ef- in Medicaid or CHIP. Not later than January 1, 2009, the Sec- state-specific information on the quality of forts ‘‘remain fragmented and small-scale’’. retary must establish a program to encour- care provided to children under Medicaid and Moreover, obesity prevention programs re- age the development and dissemination of a CHIP, including information collected main largely uncoordinated. Although many model electronic health record format for through external quality reviews of Medicaid federal agencies are involved in overseeing children enrolled under state plans for Med- managed care organizations (under Section different types of obesity-related programs, icaid or CHIP. Such an electronic health 1932) and Medicaid benchmark plans (under including the Centers for Disease Control record would be (1) subject to state laws, ac- Section 1937), and CHIP benchmark plans and Prevention (CDC), the Department of cessible to parents, caregivers and other con- (under Section 2103). Not later than Sep- Agriculture, the National Institutes of sumers for the sole purpose of demonstrating tember 30, 2009, and annually thereafter, the Health, and Department of Health and compliance with school or leisure activity Secretary must collect, analyze and make Human Services, NAS concluded that the requirements, (2) designed to allow inter- publicly available the information reported lack of a dedicated funding stream for obe- operable exchanges that conform with fed- by states as described above. sity prevention and inadequate coordination eral and state privacy and security require- (d) Demonstration Projects for Improving between federal agencies has led to ineffi- ments, (3) structured in a manner that per- the Quality of Children’s Health Care and cient uses of resources or unnecessary mits parents and caregivers to view and un- the Use of Health Information Technology. redundancies in programmatic efforts. During FY2008 through FY2012, the Sec- Another problem is that many federal derstand the extent to which the care their retary must award not more than 10 grants funding streams available to support healthy children receive is clinically appropriate and to states and child health providers to con- lifestyles among children have been very of high quality, and (4) capable of being in- duct demonstration projects to evaluate narrowly focused on small target popu- corporated into, and otherwise compatible promising ideas for improving the quality of lations or they have only addressed obesity with, other standards developed for elec- children’s health care furnished under Med- indirectly. Examples of the former include tronic health records. Of the total amount icaid and CHIP. Such projects would include efforts which have exclusively targeted low- appropriated for this new grant program for efforts designed to: (1) experiment with and income families (usually, Medicaid recipi- a fiscal year, $5 million must be used to evaluate new measures of the quality of chil- ents); by contrast, health education courses carry out these activities. (g) Study of Pediatric Health and Health dren’s health care (including testing the va- aimed at American Indians with Type 2 dia- Care Quality Measures. lidity and suitability for reporting of such betes exemplify the types of federally-funded Not later than July 1, 2009, the Institute of measures), (2) promote the use of health in- efforts which have indirectly served as obe- Medicine must study and report to Congress formation technology in care delivery for sity prevention programs but which have on the extent and quality of efforts to meas- children, (3) evaluate provider-based models reached very limited numbers of individuals ure child health status and the quality of that improve the delivery of services to chil- in the aggregate. health care for children across the age span dren, including care management for chil- Explanation of Provision and in relation to preventive care, treat- dren with chronic conditions and the use of The Secretary, in consultation with the ments for acute conditions, and treatments evidence-based approaches to improve the ef- Administrator of the Centers for Medicare a to ameliorate or correct physical, mental, fectiveness, safety and efficiency of health Medicaid Services, shall conduct a dem- and developmental conditions in children. In care for children, or (4) demonstrate the im- onstration project to develop a comprehen- conducting this study, the IOM must: (1) pact of the model electronic health record sive and systematic model for reducing consider all the major national population- format for children on improving pediatric childhood obesity by awarding grants to eli- based reporting systems sponsored by the health, including the effects of chronic child- gible entities to carry out such a project. federal government, including reporting re- hood health conditions, and pediatric health The model will (1) identify behavioral risk quirements under federal grant programs care quality as well as reducing health care factors for obesity among children; (2) iden- and national population surveys and esti- costs. tify needed clinical preventive and screening mates conducted directly by the federal gov- In awarding these grants, the Secretary benefits among those children identified as ernment, (2) identify the information regard- must ensure that (1) only one demonstration target individuals on the basis of such risk ing child health and health care quality that project funded by such a grant shall be con- factors; (3) provide ongoing support to such each system is designed to capture and gen- ducted in a state, and (2) such demonstration target individuals and their families to re- erate, the study and reporting periods cov- projects must be conducted evenly between duce risk factors and promote the appro- ered by each system, and the extent to which states with large urban areas and states with priate use of preventive and screening bene- the information is made widely available large rural areas. Grants may be conducted fits; and (4) be designed to improve health through publication, (3) identify gaps in on a multi-state basis, as needed. outcomes, satisfaction, quality of life, and knowledge related to children’s health sta- Of the total amount appropriated for this appropriate use of items and services for tus, health disparities among subgroups of new grant program for a fiscal year (de- which medical assistance is available under children, the effects of social conditions on scribed below), $20 million must be used to CHIP and Medicaid. children’s health status and use and effec- carry out these activities. Eligible entities include a city, county, or tiveness of health care, and the relationship (e) Demonstration Projects for Reducing Indian tribe; a local or tribal educational between child health status and family in- Childhood Obesity agency; an accredited university, college, or come, family stability and preservation, and Current Law community college; a federally-qualified children’s school readiness and educational Greater awareness of the obesity crisis and health center; a local health department; a achievement and attainment, and (4) make its long-term social and economic implica- health care provider; a community-based or- recommendations regarding improving and tions has encouraged policy makers to fund ganization; or any other entity determined strengthening the timeliness, quality, and an array of programs aimed at promoting appropriate by the Secretary, including a public transparency and accessibility of in- physical activity and appropriate nutrition. consortium or partnership. formation about child health and health care

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10187 quality. Of the total amount appropriated Providers and Systems (CAHPS) survey, (5) Title VI—Miscellaneous for this new grant program, up to $1 million if the state provides child health assistance SECTION 601. TECHNICAL CORRECTION REGARDING must be used to carry out these activities. in the form of premium assistance for the CURRENT STATE AUTHORITY UNDER MEDICAID (h) Rule of Construction. purchase of coverage under a group health Current Law No evidence-based quality measure devel- plan, data regarding the provision of such as- States may provide SCHIP through an ex- oped, published, or used as a basis of meas- sistance, including the extent to which em- pansion of their Medicaid programs. Expend- urement or reporting under this section may ployer-sponsored health insurance coverage itures for such populations of targeted low- be used to establish an irrebuttable presump- is available for children eligible for CHIP, income children are matched at the en- tion regarding either the medical necessity the range of the monthly amount of such as- hanced FMAP rate and are paid out of of care or the maximum permissible cov- sistance provided on behalf or a child or fam- SCHIP allotments. erage for any individual child who is eligible ily, the number of children or families pro- for and receiving assistance under Medicaid vided such assistance on a monthly basis, Explanation of Provision or CHIP. the income of the children or families pro- With respect to expenditures for Medicaid (i) Appropriations. vided such assistance, the benefits and cost- for fiscal years 2007 and 2008 only, a state An appropriation of $45 million for FY2008 sharing protection provided under the state may elect (1) to cover optional poverty-re- through FY2012 would be made for the pur- CHIP plan to supplement the coverage pur- lated children and, may apply less restric- pose of carrying out the provisions of this chased with such premium assistance, the ef- tive income methodologies to such individ- section. Such funds would remain available fective strategies the state engages in to re- uals (via authority in Section 1902(r) or until expended. duce any administrative barriers to the pro- through Section 1931 (b )(2)( C)), for which The provision would also use the federal vision of such assistance, and, the effects, if the regular Medicaid FMAP, rather than the medical assistance percentage (FMAP) appli- any, of the provision of such assistance on enhanced FMAP applicable to CHIP, would cable to a given state to determine the fed- preventing the coverage under CHIP from be used to determine the federal share of eral share of costs incurred by states for the substituting for coverage provided under em- such expenditures, or (2) to receive the reg- development or modification of existing ployer-sponsored health insurance offered in ular Medicaid FMAP, rather than the en- claims processing and retrieval systems as is the state, and (6) to the extent applicable, a hanced CHIP FMAP, for CHIP children under necessary for the efficient collection and re- description of any state activities that are an expansion of the state’s Medicaid pro- porting on child health measures. designed to reduce the number of uncovered gram. This provision would be repealed as of October 1, 2008 (i.e., the beginning of fiscal SECTION 502. IMPROVED INFORMATION children in the state, including through a year 2009). States electing these options REGARDING ACCESS TO OVERAGE UNDER CHIP state health insurance connector program or support for innovative private health cov- would be ‘‘held harmless’’ for related expend- Current Law erage initiatives. itures in FY2007 and FY2008, once this repeal Under SCHIP, states must assess the oper- (b) GAG Study and Report on Access to takes effect. ation of the SCHIP state plan in each fiscal Primary and Specialty Services. SECTION 602. PAYMENT ERROR RATE Year, including the progress made in reduc- The provision would require GAO to con- MEASUREMENT (‘‘PERM’’) ing the number of uncovered low-income duct a study of children’s access to primary Current Law children. They must also report to the Sec- and specialty services under Medicaid and retary of HHS, by January 1 following the CHIP, including (1) the extent to which pro- P.L. 107–300 requires the heads of Federal end of the fiscal year, the results of that as- viders are willing to treat children eligible agencies annually to review programs they sessment. for such programs, (2) information on such oversee that are susceptible to significant Federal regulations stipulate that each an- children’s access to networks of care, (3) geo- erroneous payments, and to estimate the nual report include the following additional graphic availability of primary and specialty amount of improper payments, to report information: (1) progress in meeting stra- services under such programs, (4) the extent those estimates to Congress, and to submit a tegic objectives and performance goals iden- to which care coordination is provided for report on actions the agency is taking to re- tified in the state SCHIP plan, (2) effective- children’s care under Medicaid and CHIP, duce erroneous expenditures. The Center for Medicare and Medicaid ness of policies to discourage the institution and (5) as appropriate, information on the Services (CMS), the federal agency within of public coverage for private coverage, (3) degree of availability of services for children HHS that administers the Medicaid and identification of successes and barriers in under such programs. state plan design and implementation, and In addition, not later than 2 years after the SCHIP programs, issued an interim final rule the approaches the state is considering to date of enactment of this Act, GAO must with comment period on August 28, 2006, re- overcome these barriers, (4) progress in ad- submit a report to the appropriate commit- garding Payment Error Rate Measurement dressing any specific issues (such as out- tees of Congress on this study that includes (PERM) for the Medicaid and SCHIP pro- reach) that the state plan proposed to peri- recommendations for such federal and state grams. This rule was effective on October 1, odically monitor and assess, (5) an updated legislative and administrative changes as 2006. In addition to P.L. 107–300, this regula- 3–year budget, including any changes in the GAO determines are necessary to address tion points to Sections 1102, 1902(a)(6) and sources of non-federal share of state pan ex- any barriers to access to children’s care 2107(b)(1) of the Social Security Act which penditures, (6) identification of total state under Medicaid and CHIP that may exist. contains the Secretary’s general rulemaking authority and obligation of the states to pro- expenditures for family coverage and total SECTION 503. APPLICATION OF CERTAIN MANAGED number of children and adults, respectively, vide information, as the Secretary may re- CARE QUALITY SAFEGUARDS TO CHIP quire, to monitor program performance. Sec- provided family coverage during the pre- Current Law ceding fiscal year, and (7) current income tion 1902(a)(27)(B) also requires states to re- A number of sections of the Social Secu- standards and methodologies for its SCHIP quire providers to furnish State Medicaid rity Act apply to states under title XXI Medicaid expansion program, separate Agencies and the Secretary with information (SCHIP) in the same manner as they apply to SCHIP program, and its regular Medicaid regarding payments claimed by Medicaid a state under title XIX (Medicaid). These in- program, as appropriate. providers for furnishing Medicaid services. clude: Payment error rates will be calculated for Explanation of Provision Section 1902(a)(4)(C) (relating to conflict of fee-for-service (FFS) claims, managed care (a) Inclusion of Process and Access Meas- interest standards). claims and for eligibility determinations. ures in Annual State Reports. Paragraphs (2), (16), and (17) of section The preamble to this regulation notes that The provision would require each state to 1903(i) (relating to limitations on payment). CMS will hire Federal contractors to review include the following information in its an- Section 1903(w) (relating to limitations on Medicaid and SCHIP FFS and managed care nual CHIP report to the Secretary of HHS: provider taxes and donations). claims and to calculate the state-specific (1) eligibility criteria, enrollment, and reten- Section 1920A (relating to presumptive eli- and national error rates for both programs. tion data (including information on con- gibility for children). States will calculate the state-specific eligi- tinuity of coverage or duration of benefits), Explanation of Provision bility error rates. Based on those rates, the (2) data regarding the extent to which the The provision would add the same require- Federal contractor will calculate the na- state uses process measures with respect to ments for CHIP managed care entities as tional eligibility error rate for each pro- determining the eligibility of children, in- currently exist under Medicaid. Specifically, gram. CMS plans to sample a subset of states cluding measures such as 12–months of con- the provision would add reference to Medic- each year rather than measure every state tinuous eligibility, self-declaration of in- aid’s statutory requirements on: the process every year. come for applications or renewals, or pre- for plan enrollment, termination, and change With respect to Medicaid and SCHIP eligi- sumptive eligibility, (3) data regarding deni- of enrollment; the type of information pro- bility reviews under PERM, states selected als of eligibility and redeterminations of eli- vided to enrollees and potential enrollees on for review in a given year must conduct re- gibility, (4) data regarding access to primary providers, covered services, enrollee rights, views of a statistically valid random sample and specialty services, access to networks of and other forms of information; beneficiary of beneficiary claims to determine if im- care, and care coordination provided under protections; quality assurance standards; proper payments were made based on errors the state CHIP plan, using quality of care protections against fraud and abuse; and in the state agency’s eligibility determina- and consumer satisfaction measures included sanctions against managed care plans for tions. States must have a CMS-approved in the Consumer Assessment of Healthcare noncompliance. sampling plan. In addition to reporting error

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10188 CONGRESSIONAL RECORD — SENATE July 26, 2007 rates, states must also submit a corrective quirements were first in effect under an in- year’s (e.g., a share of the available national action plan based on its error rate analysis, terim final rule for FY2007 may elect to ac- allotment in FY1999 that would have been and must return overpayments of federal cept any payment error rate determined in approximately 40% lower or higher than in funds. whole or in part for the state on the basis of FY1998). As a result, legislation was enacted Medicaid Eligibility Quality Control data for that fiscal year or may elect to not to base the FY1999 SCHIP allotments on the (MEQC) is operated by State Medicaid agen- have an payment error rate determined on states’ share of the available national allot- cies to monitor and improve the administra- the basis of such data and, instead, must be ment as calculated for FY1998. tion of its Medicaid program. The traditional treated as if FY2010 were the first year for Separate legislation was also enacted to MEQC program is based on State reviews of which the PERM requirements apply to the add two new floors and a ceiling to ensure Medicaid beneficiaries identified through a state. that a state’s share of the available national statistically reliable statewide sample of If the final PERM rule is not in effect for allotment did not change by more than cer- cases selected from the eligibility files. all states by July 1, 2008, a state for which tain amounts, as compared to the state’s These reviews are conducted to determine the PERM requirements were first in effect prior-year share and the state’s FY1998/ whether the sampled cases meet applicable under an interim final rule for FY2008 may FY1999 share. Title XIX eligibility requirements and to de- elect to accept any payment error rate deter- Another piece of legislation was also en- termine if a State has made erroneous excess mined in whole or in part for the state on the acted that required appropriate adjustments payments in its program. ‘‘Erroneous excess basis of data for that fiscal year, or may to the CPS (1) to produce statistically reli- payments for medical assistance’’ reflect: a) elect to not have any payment error rate de- able annual state data on the number of low- payments made on behalf of ineligible indi- termined on the basis of such data and, in- income children who do not have health in- viduals and families, and b) overpayments on stead, must be treated as if FY2011 were the surance coverage, so that real changes in the behalf of eligible individuals and families by first fiscal year for which the PERM require- uninsurance rates of children can reasonably reason of error in determining the amount of ments apply to the state. be detected; (2) to produce data that cat- expenditures for medical care required of an In addition, the provision would require egorizes such children by family income, individual or family as a condition of eligi- the Secretary to review the Medicaid Eligi- age, and race or ethnicity; and (3) where ap- bility. bility Quality Control (MEQC) requirements propriate, to expand the sample size used in The SCHIP statute specifies that federal with the PERM requirements and coordinate the state sampling units, to expand the num- SCHIP funds can be used for SCHIP health consistent implementation of both sets of re- ber of sampling units in a state, and to in- insurance coverage, called child health as- quirements, while reducing redundancies. A clude an appropriate verification element. sistance that meets certain requirements. state may elect, for purposes of determining For this purpose, $10 million was appro- States may also provide benefits to SCHIP the erroneous excess payments for medical priated annually, beginning in FY2000. Be- children, called targeted low-income chil- assistance ratio applicable to the state under cause of this legislation, the number of sam- dren, through enrollment in Medicaid. Apart MEQC, to substitute data resulting from the pled households in the ASEC CPS increased from these benefit payments, SCHIP pay- application of PERM requirements after the by about 50% (34,500 households). Even with ments for four other specific health care ac- final PERM rule is in effect for all states for the sample expansion, the margins of error tivities can be made, including: (1) other the data used for the MEQC requirements. of the state-level estimates of the number of child health assistance for targeted low-in- The Secretary must also establish state- low-income children, and particularly the es- come children; (2) health services initiatives specific sample sizes for application of the timates of low-income children without to improve the health of targeted low-in- PERM requirements with respect to CHIP health insurance, can be relatively high, es- come children and other low-income chil- for FY2009 and thereafter, on the basis of in- pecially in smaller states. dren; (3) outreach activities; and (4) other formation as the Secretary determines is ap- Explanation of Provision reasonable administrative costs. For a given propriate. In establishing such sample sizes, Besides the $10 million provided annually fiscal year, SCHIP statute specifies that pay- the Secretary must, to the greatest extent for the CPS since FY2000, an additional $10 ments for these four other specific health possible (1) minimize the administrative cost million (for a total of $20 million addition- care activities cannot exceed 10% of the burden on states under Medicaid and CHIP, ally) is appropriated. In addition to the cur- total amount of expenditures for benefits and (2) maintain state flexibility to manage rent-law requirements of the additional ap- (excluding payments for services rendered these programs. propriation, for data collection beginning in during periods of presumptive eligibility SECTION 603. ELIMINATION OF COUNTING MED- FY2008, in appropriate consultation with the under Medicaid) and other specific health ICAID CHILD PRESUMPTIVE ELIGIBILITY COSTS HHS Secretary, the Secretary of Commerce care activities combined. AGAINST TITLE XXI ALLOTMENT shall do the following: Explanation of Provision Current Law Make appropriate adjustments to the CPS The provision would apply a federal match- Under Medicaid presumptive eligibility to develop more accurate state-specific esti- ing rate of 90 percent to expenditures related rules, states are allowed to temporarily en- mates of the number of children enrolled in to administration of PERM requirements ap- roll (for up to 2 months) children whose fam- CHIP or Medicaid; plicable to CHIP. ily income appears to be below applicable Make appropriate adjustments to the CPS The provision would also exclude from the Medicaid income standards, until a formal to improve the survey estimates used to 10% cap on CHIP administrative costs all ex- determination of eligibility is made. Pay- compile the state-specific and national num- penditures related to the administration of ments on behalf of Medicaid children during ber of low-income children without health PERM requirements applicable to CHIP in periods of presumptive eligibility are insurance for purposes of determining annual accordance with P.L. 107–300, existing regula- matched at the regular Medicaid FMAP, but CHIP allotments, and for making payments tions, and any related or successor guidance are paid out of state SCHIP allotments. to states from the CHIP Incentive Pool, the or regulations. Explanation of Provision CHIP Contingency Fund, and, to the extent In addition, the Secretary must not cal- The provision would strike the language in applicable to a State, from the block grant culate or publish any national or state-spe- existing CHIP statute that sets the federal set aside for CHIP payments on behalf of par- cific error rate based on the application of share of costs incurred during periods of pre- ents in FY2010 through FY2012; PERM requirements to CHIP until after the sumptive eligibility for children at the Med- Include health insurance survey informa- date that is 6 months after the date on which icaid FMAP rate, and also strikes the lan- tion in the American Community Survey a final rule implementing such requirements guage that allows payment out of CHIP al- (ACS) related to children; (described below) is in effect for all states. lotments for Medicaid benefits received by Assess whether ACS estimates, once such Any calculation of a national error rate or a Medicaid children during periods of presump- survey data are first available, produce more state specific error rate after such a final tive eligibility. reliable estimates than the CPS for CHIP al- rule is in effect for all states may only be in- lotments and payments; clusive of errors, as defined in such final rule SECTION 604. IMPROVING DATA COLLECTION On the basis of that assessment, rec- or in guidance issued within a reasonable Current Law ommend to the HHS Secretary whether ACS time frame after the effective date for such As discussed in Section 102, the percentage estimates should be used in lieu of, or in final rule that includes detailed guidance for of the SCHIP appropriation that is allotted some combination with, CPS estimates for the specific methodology for error deter- to individual states is based primarily on CHIP purposes; and minations. state-level estimates of (1) the number of Continue making the adjustments to ex- The final rule implementing the PERM re- low-income children and (2) the number of pansion of the sample size used in State sam- quirements must include: (1) clearly defined uninsured low-income children, based on a pling units, the number of sampling units in criteria for errors for both states and pro- three-year average of the Annual Social and a State, and using an appropriate viders, (2) a clearly defined process for ap- Economic (ASEC) Supplements (formerly verification element. pealing error determinations by review con- known as the March supplements) to the If the Commerce Secretary recommends to tractors, and (3) clearly defined responsibil- Census Bureau’s Current Population Survey the HHS Secretary that ACS estimates ities and deadlines for states in imple- (CPS). Based on these CPS estimates, some should be used instead of, or in combination menting any corrective action plans. states’ share of the available national allot- with, CPS estimates for CHIP purposes, the After the final PERM rule is in effect for ment in the second year of SCHIP (FY1999) HHS Secretary may provide a transition pe- all states, a state for which the PERM re- was going to differ markedly from the prior riod for using ACS estimates, provided that

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10189 the transition is implemented in a way that with respect to references to the program surance plans than certain service categories avoids adverse impacts on states. under Title XXI of the Social Security Act, that are largely unique to Medicaid (e.g., SECTION 605. DEFICIT REDUCTION ACT TECHNICAL in any publication or official communication EPSDT, residential treatment facilities, in- CORRECTION to use the term ‘‘SCHIP’’ instead of ‘‘CHIP’’ termediate care facilities for the mentally State Flexibility in Benefit Packages. and to use the term ‘‘State children’s health retarded or ICF/MRs, and institutions for insurance program’’ instead of ‘‘children’s mental disease or IMDs). Most separate Current Law health insurance program.’’ SCHIP programs also provide services Under the Early and Periodic, Screening, Explanation of Provision through managed care plans, although this Diagnostic and Treatment (EPSDT) benefit situation varies by state. Again, all or some under Medicaid, most children under age 21 The provision would repeal the section in covered mental health services may be in- receive comprehensive basic screening serv- P.L 106–113 providing the program references cluded in MCO contracts, or carved out to ices (i.e., well-child visits including age-ap- to ‘‘SCHIP’’ and ‘‘State children’s health in- specialized behavioral health managed care propriate immunizations) as well as dental, surance program’’ for official publication plans, or may be provided on a fee-for-service vision and hearing services. In addition, and communication purposes. basis. EPSDT guarantees access to all federally SECTION 607. MENTAL HEALTH PARITY IN CHIP Under CHIP, states may provide coverage coverable services necessary to treat a prob- PLANS under their Medicaid programs (MXP), cre- lem or condition among eligible individuals. Current Law ate a new separate SCHIP program (SSP), or Under Medicaid, categorically needy (CN) both. Under SSPs, states may elect any of In 1996, Congress passed the Mental Health eligibility groups include families with chil- three benefit options: (1) a benchmark plan, Parity Act (MHPA) that established new fed- dren, the elderly, certain individuals with (2) a benchmark-equivalent plan, or (3) any eral standards for mental health coverage of- disabilities, and certain other pregnant other plan that the Secretary of HHS deems fered by group health plans, most of which women and children who meet applicable fi- would provide appropriate coverage for the are employment-based. Under provisions in- nancial eligibility standards. Some CN eligi- target population (called Secretary-approved cluded in the 1997 Balanced Budget Act (P.L. bility groups must be covered while others benefit plans). Benchmark plans include (1) 105–33), Medicaid managed care plans and are optional. Medically needy (MN) groups the standard Blue Cross/Blue Shield pre- SCHIP programs must comply with the re- include the same types of individuals, but ferred provider option under FEHBP, (2) the quirements of MHPA. different, typically higher financial stand- coverage generally available to state em- Medicaid expansions under SCHIP follow ards apply. All MN eligibility groups are op- ployees, and (3) the coverage offered by the Medicaid rules. Thus, when such expansions tional. largest commercial HMO in the state. provide for enrollment in Medicaid managed The Deficit Reduction Act of 2005 (DRA; Benchmark-equivalent plans must cover care plans, the MHPA applies. Separate state P.L. 109–171) gave states the option to pro- basic benefits (i.e., inpatient and outpatient programs under SCHIP follow SCHIP rules vide Medicaid to state-specified groups hospital services, physician services, lab/x- that have broader application than the Med- through enrollment in benchmark and ray, and well-child care including immuniza- icaid rules. In separate state SCHIP pro- benchmark-equivalent coverage which is tions), and must include at least 75% of the grams, to the extent that a health insurance nearly identical to plans available under actuarial value of coverage under the se- issuer offers group health insurance cov- SCHIP (described above). For any child lected benchmark plan for specific additional erage, which can include, but is not limited under age 19 in one of the major mandatory benefits (i.e., prescription drugs, mental to managed care, the MHPA applies. and optional CN eligibility groups (defined in health services, vision care and hearing serv- Under MHPA, Medicaid and SCHIP plans Section 1902(a)(10)(A)), wrap-around benefits ices). may define what constitutes mental health to the DRA benchmark and benchmark- Explanation of Provision equivalent coverage includes EPSDT (de- benefits (if any). The MHPA prohibits group This section prohibits discriminatory lim- scribed above). In traditional Medicaid, plans from imposing annual and lifetime dol- its on mental health care in separate CHIP EPSDT is available to individuals under age lar limits on mental health coverage that plans by directing that any financial require- 21 in CN groups, and may be offered to indi- are more restrictive than those applicable to ments or treatment limitations that apply viduals under 21 in MN groups. medical and surgical coverage. Full parity is to mental health or substance abuse services DRA identifies a number of groups as ex- not required, that is, group plans may still must be no more restrictive than the finan- empt from mandatory enrollment in bench- impose more restrictive treatment limits cial requirements or treatment limits that mark or benchmark equivalent plans. One (e.g., with respect to total number of out- apply to other medical services. It also such exempted group is children in foster patient visits or inpatient days) or cost-shar- eliminates a current law provision that au- care receiving child welfare services under ing requirements on mental health coverage thorizes states to reduce the mental health Part B of title IV of the Social Security Act compared to their medical and surgical serv- coverage provided to 75 percent of the cov- and children receiving foster care or adop- ices. erage provided in CHIP benchmark plans. tion assistance under Part E of such title. Under Medicaid managed care, state Med- icaid agencies contract with managed care SECTION 608. DENTAL HEALTH GRANTS Explanation of Provision organizations (MCOs) to provide a specified Current Law The provision would require that EPSDT set of benefits to enrolled beneficiaries. be covered for any individual under age 21 Under SCHIP, states may provide coverage These MCOs may be paid under a variety of under their Medicaid programs (MXP), cre- who is eligible for Medicaid through the arrangements, but are frequently reimbursed state plan under one of the major mandatory ate a new separate SCHIP program (SSP), or on the basis of a pre-determined monthly fee both. Under SSPs, states may elect any of and optional CN groups and is enrolled in (called a capitation rate) for each enrolled benchmark or benchmark-equivalent plans three benefit options: (1) a benchmark plan, beneficiary. The contracted benefits may in- (2) a benchmark-equivalent plan, or (3) any authorized under DRA. The provision would clude all, some, or none of the mandatory also give states flexibility in providing cov- other plan that the Secretary of HHS deems and optional mental health services covered would provide appropriate coverage for the erage of EPSDT services through the issuer under the state Medicaid plan. When Med- of benchmark or benchmark-equivalent cov- target population (called Secretary-approved icaid managed care plans do not include all benefit plans). Benchmark plans include (1) erage or otherwise. covered mental health benefits, these addi- The provision would also make a correc- the standard Blue Cross/Blue Shield pre- tional services are sometimes ‘‘carved out’’ tion to the reference to children in foster ferred provider option under FEHBP, (2) the to a separate, specialized behavioral health care receiving child welfare services. coverage generally available to state em- managed care entity (usually subject to its Finally, not later than 30 days after the ployees, and (3) the coverage offered by the own prepaid capitation rates), or may be pro- date the Secretary approves a state plan largest commercial HMO in the state. vided in the fee-for-service setting, in which amendment to provide benchmark or bench- Benchmark-equivalent plans must cover Medicaid providers are paid directly by the mark-equivalent coverage under Medicaid, basic benefits (i.e., inpatient and outpatient state Medicaid agency for each covered serv- the Secretary must publish in the Federal hospital services, physician services, lab/x- ice delivered to a Medicaid beneficiary. All Register and on the internet website of CMS, ray, and well-child care including immuniza- prepaid Medicaid managed care contracts a list of the provisions in Title XIX that the tions), and must include at least 75% of the that cover medical/surgical benefits and Secretary has determined do not apply in actuarial value of coverage under the se- mental health benefits must comply with the order to enable the state to carry out such a lected benchmark plan for specific additional MHPA without exemptions. The MHPA does state plan amendment and the reason for benefits (i.e., prescription drugs, mental not apply to fee-for-service arrangements be- each such determination. health services, vision care and hearing serv- The amendments made by this provision cause state Medicaid agencies do not meet ices). SCHIP regulations specify that, regardless would become effective as if included in Sec- the definition of a group health plan. of the type of SCHIP health benefits cov- tion 6044(a) of the DRA (i.e., March 31, 2006). With respect to covered benefits, separate SCHIP programs tend to look more like pri- erage, states must provide coverage of well- SECTION 606. ELIMINATION OF CONFUSING vate insurance models than like Medicaid. baby and well-child care (as defined by the PROGRAM REFERENCES That is, these programs are more likely to state), age-appropriate immunizations based Current Law cover traditional benefits (e.g., inpatient on recommendations of the Advisory Com- P.L. 106–113 directed the Secretary of HHS hospital services, physician services) that mittee on Immunization Practices (ACIP), or any other Federal officer or employee, would be found in employer-based health in- and emergency services.

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10190 CONGRESSIONAL RECORD — SENATE July 26, 2007 Explanation of Provision By Mr. REID (for Mr. DODD (for modernize this statute to cover our This section provides up to $200 million in himself, Mr. NELSON of Ne- wounded warriors. Plain and simple, federal grants for states to improve the braska, Mr. KENNEDY, Mr. the loved ones of these brave men and availability of dental services and strength- REED, and Mr. LIEBERMAN)): women should be allowed to care for en dental coverage for children covered S. 1894. A bill to amend the Family them without the fear of losing their under CHIP. States that receive grants and Medical Leave Act of 1993 to pro- would be required to maintain prior levels of job. spending for dental services provided under vide family and medical leave to pri- I am pleased that I am joined today CHIP. mary caregivers of servicemembers by Senators BEN NELSON, KENNEDY, SECTION 609. APPLICATION OF PROSPECTIVE PAY- with combat-related injuries; to the REED and LIEBERMAN in introducing MENT SYSTEM FOR SERVICES PROVIDED BY Committee on Health, Education, the Support for Injured Servicemem- FEDERALLY-QUALIFIED HEALTH CENTERS AND Labor, and Pensions. bers Act of 2007 and ask for the support RURAL HEALTH CLINICS (At the request of Mr. REID, the fol- of all my colleagues for this critically Current Law lowing statement was ordered to be important effort to care for our return- Under current Medicaid law, federally- printed in the RECORD.) ing wounded warriors and their loved qualified health centers (FQHCs) and rural ∑ Mr. DODD. Mr. President, I rise ones. health clinics (RHCs) are paid based on a today to introduce the Support for In- I ask unanimous consent that the prospective payment system. Beginning in jured Servicemembers Act of 2007. This text of the bill be printed in the FY200l, per visit payments were based on bill will implement one of the key rec- RECORD. ∑ 100% of average costs during 1999 and 2000 ad- ommendations of the President’s Com- justed for changes in the scope of services There being no objection, the text of furnished. (Special rules applied to entities mission on Care for America’s Return- the bill was ordered to be printed in first established after 2000). For subsequent ing Wounded Warriors. First of all, I the RECORD, as follows: years, the per visit payment for all FQHCs commend former Senator Bob Dole, S. 1894 and RHCs equals the amounts for the pre- former Secretary of Health and Human Be it enacted by the Senate and House of Rep- ceding fiscal year increased by the percent- Services Donna Shalala, and the distin- resentatives of the United States of America in age increase in the Medicare Economic Index guished members of the Commission Congress assembled, applicable to primary care services, and ad- for their thoughtfulness and thorough SECTION 1. SHORT TITLE. justed for any changes in the scope of serv- work on this critically important mat- This Act may be cited as the ‘‘Support for ices furnished during that fiscal year. In Injured Servicemembers Act of 2007’’. managed care contracts, states are required ter. to make supplemental payments to the facil- More than 20 years ago, I began the SEC. 2. SERVICEMEMBER FAMILY LEAVE. ity equal to the difference between the con- effort to bring job protection to hard- (a) DEFINITIONS.—Section 101 of the Family tracted amount and the cost-based amounts. working Americans so they wouldn’t and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the fol- Explanation of Provision have to choose between the family they love and the job they need. This effort, lowing: This section would establish a prospective ‘‘(14) COMBAT-RELATED INJURY.—The term payment system in CHIP for FQHCs and after more than seven years, three ‘combat-related injury’ means an injury or RHCs similar to the payment system estab- presidents, and two vetoes, eventually illness that was incurred (as determined lished by the Medicare, Medicaid, and SCHIP led to the enactment of the Family under criteria prescribed by the Secretary of Benefits Improvement and Protection Act of Medical Leave Act, FMLA, which pro- Defense)— 2000 (BIPA) applicable under Medicaid law. vides 12 weeks of unpaid leave for eligi- ‘‘(A) as a direct result of armed conflict; States that operate separate or combination ble employees to care for a newborn or ‘‘(B) while an individual was engaged in CHIP programs would be required to reim- hazardous service; burse FQHCs and RHCs based on the Med- adopted child, their own serious illness or that of a loved one. Since its pas- ‘‘(C) in the performance of duty under con- icaid Prospective Payment System, starting ditions simulating war; or in FY 09. A one-time appropriation of $5 mil- sage, I have worked to expand this act ‘‘(D) through an instrumentality of war. lion will be made available to the Secretary to cover more workers and to provide ‘‘(15) SERVICEMEMBER.—The term of HHS to be provided to affected states to for wage replacement, so that more ‘servicemember’ means a member of the enable them to transition to the new pay- employees can afford to take leave Armed Forces.’’. ment system on the affected states. The Sec- when necessary. (b) ENTITLEMENT TO LEAVE.—Section 102(a) retary would be required to monitor the im- Mr. President, it is essential that we of such Act (29 U.S.C. 2612(a)) is amended by pact of the application of the payment sys- adding at the end the following: tem on states and report to Congress within do everything possible to support our troops and to allow their loved ones to ‘‘(3) SERVICEMEMBER FAMILY LEAVE.—Sub- two years of implementation on any effect ject to section 103, an eligible employee who on access to benefits, provider payment be with them as they recover from a is the primary caregiver for a servicemember rates, or scope of benefits offered by affected combat-related injury or illness. That with a combat-related injury shall be enti- states. is why we must expand and improve tled to a total of 26 workweeks of leave dur- Title VII—Revenue Provisions leave benefits to those caring for our ing any 12-month period to care for the Title VIII—Effective Date injured or ill servicemembers. The bill servicemember. SECTION 801. EFFECTIVE DATE I introduce today provides up to 6 ‘‘(4) COMBINED LEAVE TOTAL.—An eligible employee shall be entitled to a combined Current Law months of FMLA leave for primary caregivers of servicemembers who suf- total of 26 workweeks of leave under para- No provision. graphs (1) and (3).’’. fer from a combat-related injury or ill- Explanation of Provision (c) REQUIREMENTS RELATING TO LEAVE.— The effective date of this bill except with ness. FMLA currently provides for 3 (1) SCHEDULE.—Section 102(b) of such Act respect to section 301 would be October 1, months of unpaid leave to a spouse, (29 U.S.C. 2612(b)) is amended— 2007, whether or not final regulations to parent or child acting as a caregiver (A) in paragraph (1), by inserting after the carry out provisions in the bill have been for a person with a serious illness. second sentence the following: ‘‘Subject to promulgated by that date. In the case of However, some of those injured in serv- paragraph (2), leave under subsection (a)(3) both current state CHIP and Medicaid plans, ice to our country rely on other family may be taken intermittently or on a reduced if the Secretary of HHS determines that a members or friends to care for them as leave schedule’’; and state must pass new state legislation to im- (B) in paragraph (2), by inserting ‘‘or sub- plement the requirements of this bill, the they recover. This legislation allows section (a)(3)’’ after ‘‘subsection (a)(1)’’. state’s existing CHIP and/or Medicaid plans, these other primary caregivers, such as (2) SUBSTITUTION OF PAID LEAVE.—Section if applicable, would not be considered to be siblings, cousins, friends or significant 102(d) of such Act (29 U.S.C. 2612(d)) is out of compliance solely on the basis of its others to take leave from their employ- amended— failure to meet such requirements before the ment when our returning heroes need (A) in paragraph (1)— first day of the first calendar quarter begin- them most. (i) by inserting ‘‘(or 26 workweeks in the ning after the close of the first regular ses- Our troops are giving their all on the case of leave provided under subsection sion of the state legislature that begins after battlefield. The very least our Govern- (a)(3))’’ after ‘‘12 workweeks’’ the first place the date of enactment of this bill. In the case ment owes them is its total support for it appears; and of a state that has a 2-year legislative ses- (ii) by inserting ‘‘(or 26 workweeks, as ap- sion, each year of such session must be con- their family and medical needs. While propriate)’’ after ‘‘12 workweeks’’ the second sidered to be a separate regular session of FMLA has provided critical support to place it appears; and the state legislature. With respect to section more than 50 million American fami- (B) in paragraph (2)(B), by adding at the 301, the effective date will be October 1, 2008. lies, I will not rest until we are able to end the following: ‘‘An eligible employee

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10191 may elect, or an employer may require the (A) in paragraph (1), by inserting after the Whereas Cal Ripken, Jr. is the all-time employee, to substitute any of the accrued second sentence the following: ‘‘Subject to leader in Major League Baseball All-Star fan paid vacation leave, personal leave, family paragraph (2), leave under subsection (a)(3) balloting, has made the most Major League leave, or medical or sick leave of the em- may be taken intermittently or on a reduced Baseball All-Star Game appearances at ployee for leave provided under subsection leave schedule.’’; and shortstop, and has made the most consecu- (a)(3) for any part of the 26-week period of (B) in paragraph (2), by inserting ‘‘or sub- tive Major League Baseball All-Star Game such leave under such subsection.’’. section (a)(3)’’ after ‘‘subsection (a)(1)’’. starts; (3) NOTICE.—Section 102(e) of such Act (29 (2) SUBSTITUTION OF PAID LEAVE.—Section Whereas Cal Ripken, Jr. has not only prov- U.S.C. 2612(e)) is amended by adding at the 6382(d) of such title is amended by adding at en to be a great hitter but a great defensive end the following: the end the following: ‘‘An employee may player, winning 2 Gold Glove awards; ‘‘(3) NOTICE FOR SERVICEMEMBER FAMILY elect to substitute for leave under subsection Whereas Cal Ripken, Jr. was selected to LEAVE.—In any case in which an employee (a)(3) any of the employee’s accrued or accu- play on 19 All-Star teams throughout his ca- seeks leave under subsection (a)(3), the em- mulated annual or sick leave under sub- reer and was twice voted All-Star Game ployee shall provide such notice as is prac- chapter I for any part of the 26-week period Most Valuable Player; ticable.’’. of leave under such subsection.’’. Whereas Cal Ripken, Jr. helped the Balti- (4) CERTIFICATION.—Section 103 of such Act (3) NOTICE.—Section 6382(e) of such title is more Orioles win the World Series in 1983; (29 U.S.C. 2613) is amended by adding at the amended by adding at the end the following: Whereas, in an era when money dominated end the following: ‘‘(3) In any case in which an employee the game of baseball, Cal Ripken, Jr. chose ‘‘(f) CERTIFICATION FOR SERVICEMEMBER seeks leave under subsection (a)(3), the em- to play in Baltimore for the Baltimore Ori- ployee shall provide such notice as is prac- FAMILY LEAVE.—An employer may require oles when it was believed that he could have that a request for leave under section ticable.’’. earned more money with another team in an- 102(a)(3) be supported by a certification (4) CERTIFICATION.—Section 6383 of such other city; issued at such time and in such manner as title is amended by adding at the end the fol- Whereas Cal Ripken, Jr. is an example of lowing: the Secretary may by regulation prescribe.’’. good sportsmanship who has always con- ‘‘(f) An employing agency may require that AILURE TO RETURN.—Section 104(c) of ducted himself with dignity; (5) F a request for leave under section 6382(a)(3) be such Act (29 U.S.C. 2614(c)) is amended— supported by a certification issued at such Whereas Cal Ripken, Jr. is a role model for (A) in paragraph (2)(B)(i), by inserting ‘‘or time and in such manner as the Office of Per- young people and for all the people of the section 102(a)(3)’’ before the semicolon; and sonnel Management may by regulation pre- United States; (B) in paragraph (3)(A)— scribe.’’. Whereas Cal Ripken, Jr., along with his (i) in clause (i), by striking ‘‘or’’ at the family and the Ripkin Baseball organization, end; f is a philanthropist dedicated to the Cal (ii) in clause (ii), by striking the period and SUBMITTED RESOLUTIONS Ripken Sr. Foundation, which gives under- inserting ‘‘; or’’; and privileged children the opportunity to attend (iii) by adding at the end the following: baseball camps around the country; ‘‘(iii) a certification issued by the health SENATE RESOLUTION 281—CON- Whereas Cal Ripken, Jr. operates baseball care provider of the person for whom the em- GRATULATING CAL RIPKEN JR. camps and designs baseball fields for youth, ployee is the primary caregiver, in the case FOR HIS INDUCTION INTO THE college, and professional teams; Whereas Cal Ripken, Jr. gives speeches of an employee unable to return to work be- BASEBALL HALL OF FAME, FOR cause of a condition specified in section about his time in baseball and some of the 102(a)(3).’’. AN OUTSTANDING CAREER AS lessons he has learned; (6) ENFORCEMENT.—Section 107 of such Act AN ATHLETE, AND FOR HIS CON- Whereas, in 1992, Cal Ripken, Jr. was (29 U.S.C. 2617) is amended, in subsection TRIBUTIONS TO BASEBALL AND awarded Major League Baseball’s Roberto (a)(1)(A)(i)(II), by inserting ‘‘(or 26 weeks, in TO HIS COMMUNITY Clemente Man of the Year Award and the a case involving leave under section Ms. MIKULSKI (for herself, Mr. Lou Gehrig Memorial Award for his commu- 102(a)(3))’’ after ‘‘12 weeks’’. nity involvement; and CARDIN, and Mr. SCHUMER) submitted (7) INSTRUCTIONAL EMPLOYEES.—Section 108 Whereas Cal Ripken, Jr. has been selected of such Act (29 U.S.C. 2618) is amended, in the following resolution; which was re- for the Major League Baseball All-Century subsections (c)(1), (d)(2), and (d)(3), by insert- ferred to the Committee on the Judici- Team: Now, therefore, be it ing ‘‘or section 102(a)(3)’’ after ‘‘section ary: Resolved, That the Senate— 102(a)(1)’’. S. RES. 281 (1) congratulates Cal Ripken, Jr. for his SEC. 3. SERVICEMEMBER FAMILY LEAVE FOR Whereas Cal Ripken, Jr. was born and election to the Baseball Hall of Fame; CIVIL SERVICE EMPLOYEES. raised in Maryland; (2) honors Cal Ripkin, Jr. for an out- (a) DEFINITIONS.—Section 6381 of title 5, Whereas Cal Ripken, Jr. was elected to the standing career as an athlete; and United States Code, is amended— Baseball Hall of Fame on January 9, 2007, his (3) thanks Cal Ripkin, Jr. for his contribu- (1) in paragraph (5), by striking ‘‘and’’ at first year of eligibility, for his outstanding tions to baseball and to his community. the end; accomplishments during his 21-year career in (2) in paragraph (6), by striking the period Major League Baseball; and inserting ‘‘; and’’; and Whereas Cal Ripken, Jr. will be inducted SENATE RESOLUTION 282—SUP- (3) by adding at the end the following: into the Baseball Hall of Fame on July 29, PORTING THE GOALS AND ‘‘(7) the term ‘combat-related injury’ 2007, along with fellow baseball legend Tony IDEALS OF A NATIONAL POLY- means an injury or illness that was incurred Gwynn; CYSTIC KIDNEY DISEASE (as determined under criteria prescribed by Whereas Cal Ripken, Jr. was nearly unani- the Secretary of Defense)— mously elected to the Baseball Hall of Fame AWARENESS WEEK TO RAISE ‘‘(A) as a direct result of armed conflict; with the highest number of votes ever re- PUBLIC AWARENESS AND UN- ‘‘(B) while an individual was engaged in ceived for a regular position player; DERSTANDING OF POLYCYSTIC hazardous service; Whereas Cal Ripken, Jr. is widely consid- KIDNEY DISEASE AND TO FOS- ‘‘(C) in the performance of duty under con- ered the ‘‘Iron Man’’ of baseball, having TER UNDERSTANDING OF THE ditions simulating war; or earned this moniker by playing in 2,632 con- IMPACT POLYCYSTIC KIDNEY ‘‘(D) through an instrumentality of war; secutive games, a feat unmatched in profes- DISEASE HAS ON PATIENTS AND and sional sports; FUTURE GENERATIONS OF ‘‘(8) the term ‘servicemember’ means a Whereas Cal Ripken, Jr. was the American member of the Armed Forces.’’. League Rookie of the Year in 1982; THEIR FAMILIES (b) ENTITLEMENT TO LEAVE.—Section Whereas Cal Ripken, Jr. had 3,184 career Mr. KOHL (for himself, Mr. HATCH, 6382(a) of such title is amended by adding at hits and 431 home runs and received 8 Silver submitted the following resolution; the end the following: Slugger Awards for his superior offensive which was referred to the Committee ‘‘(3) Subject to section 6383, an employee play; on the Judiciary: who is the primary caregiver for a Whereas Cal Ripken, Jr. is first among the servicemember with a combat-related injury all-time Baltimore Orioles career leaders in S. RES. 282 shall be entitled to a total of 26 administra- total games played, consecutive games Whereas polycystic kidney disease (known tive workweeks of leave during any 12-month played, at bats, hits, runs, runs batted in, as ‘‘PKD’’) is 1 of the most prevalent life- period to care for the servicemember. extra base hits, doubles, home runs, total threatening genetic diseases in the United ‘‘(4) An employee shall be entitled to a bases, walks, strikeouts, assists, and double States, is a severe, dominantly inherited dis- combined total of 26 administrative work- plays; ease that has a devastating impact, in both weeks of leave under paragraphs (1) and (3).’’. Whereas Cal Ripken, Jr. is first among all human and economic terms, on people of all (c) REQUIREMENTS RELATING TO LEAVE.— Major League Baseball players in the num- ages, and affects equally people of all races, (1) SCHEDULE.—Section 6382(b) of such title ber of consecutive games played and the sexes, nationalities, geographic locations, is amended— number of double plays by a shortstop; and income levels;

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10192 CONGRESSIONAL RECORD — SENATE July 26, 2007 Whereas, based on prevalence estimates by viding appropriate moral support, and en- also called end-stage renal disease; dia- the National Institutes of Health, it is esti- couraging people to become organ donors; betes being number one. mated that about 600,000 patients in the and Polycystic kidney disease is charac- United States have a genetic inheritance Whereas these volunteers engage in an an- terized by the growth of numerous from 1 or both parents for polycystic kidney nual national awareness event held during disease, and that countless additional the 3rd week of September, and such a week fluid-filled cysts in the kidney, which friends, loved ones, spouses, and caregivers would be an appropriate time to recognize slowly reduce the kidney function and must shoulder the physical, emotional, and National Polycystic Kidney Disease Aware- can eventually lead to kidney failure. financial burdens that polycystic kidney dis- ness Week: Now, therefore, be it When PKD causes kidneys to fail, the ease causes; Resolved, That the Senate— patient requires dialysis or kidney Whereas polycystic kidney disease, for (1) designates the week of September 9-16, transplantation. About one-half of peo- which there is no treatment or cure, is the 2007, as ‘‘National Polycystic Kidney Disease ple with the major type of PKD leading genetic cause of kidney failure in the Awareness Week’’; United States and the 4th leading cause (2) supports the goals and ideals of a na- progress to kidney failure. overall; tional week to raise public awareness and PKD is especially personal to me be- Whereas the vast majority of polycystic understanding of polycystic kidney disease cause so many Utahns suffer from this kidney disease patients reach kidney failure (known as ‘‘PKD’’); disease. The PKD Foundation claims at an average age of 53, causing a severe (3) recognizes the need for additional re- that approximately 5,000 individuals in strain on dialysis and kidney transplan- search into a cure for polycystic kidney dis- Utah live with PKD, and that the inci- tation resources and on the delivery of ease; and dence of end-stage renal disease in health care in the United States, as the larg- (4) encourages the people of the United Utah is three times that of the na- est segment of the population of the United States and interested groups to support Na- States, the ‘‘baby boomers’’, continues to tional Polycystic Kidney Disease Awareness tional average. To cure PKD would re- age; Week through appropriate ceremonies and sult in billions of dollars in savings to Whereas end stage renal disease is one of activities, to promote public awareness of the military, Medicare, Medicaid, and the fastest growing components of the Medi- polycystic kidney disease and to foster un- the Veterans Administration for dialy- care budget, and polycystic kidney disease derstanding of the impact of the disease on sis, transplantation and related treat- contributes to that cost by an estimated patients and their families. ments. $2,000,000,000 annually for dialysis, kidney transplantation, and related therapies; Mr. KOHL. Mr. President, I rise Due to the illusiveness of PKD, many Whereas polycystic kidney disease is a sys- today along with Senator Hatch to in- people are simply unaware of the na- temic disease that causes damage to the kid- troduce a resolution to increase aware- ture of this disease. A National Poly- ney and the cardiovascular, endocrine, he- ness of Polycystic Kidney Disease, cystic Kidney Disease Awareness Week patic, and gastrointestinal organ systems PKD, a common and life threatening will help spread the word about the and instills in patients a fear of an unknown genetic illness. deadliness of PKD and vast numbers of, future with a life-threatening genetic disease Over 600,000 people have been diag- not only Utahns, but all Americans af- and apprehension over possible genetic dis- nosed with PKD nationwide including crimination; fected by this disease. With education Whereas the severity of the symptoms of 10,000 people in my home State of Wis- comes the ability to know how to help polycystic kidney disease and the limited consin. There is no treatment or cure people. Let us make it possible for ev- public awareness of the disease cause many for PKD. Families and friends struggle eryone to know about PKD, so that patients to live in denial and forego regular to fight this disease and provide un- more people can join the effort in mak- visits to their physicians or to avoid fol- wavering support to their loved ones ing PKD a disease of the past. lowing good health management which suffering from PKD. would help avoid more severe complications But there is hope. The PKD Founda- f when kidney failure occurs; tion has led the fight for increased re- Whereas people who have chronic, life- search and patient education. Recent AMENDMENTS SUBMITTED AND threatening diseases like polycystic kidney PROPOSED disease have a predisposition to depression studies have led to the discovery of the and its resultant consequences due to their genes that cause PKD as well as prom- SA 2477. Mr. KERRY (for himself and Mr. anxiety over pain, suffering, and premature ising clinical drug trials for treatment. KENNEDY) submitted an amendment intended death; More needs to be done and the Govern- to be proposed to amendment SA 2383 pro- Whereas the Senate and taxpayers of the ment wants to help. posed by Mr. BYRD (for himself and Mr. COCH- United States desire to see treatments and In order to increase public awareness RAN) to the bill H.R. 2638, making appropria- cures for disease and would like to see re- tions for the Department of Homeland Secu- sults from investments in research con- of this fatal disease, I propose that rity for the fiscal year ending September 30, ducted by the National Institutes of Health September 9 through 16 be designated 2008, and for other purposes. (NIH) and from such initiatives as the NIH as ‘‘National Polycystic Kidney Dis- SA 2478. Mr. AKAKA submitted an amend- Roadmap to the Future; ease Awareness Week.’’ This week coin- ment intended to be proposed to amendment Whereas polycystic kidney disease is a cides with the annual walk for PKD SA 2383 proposed by Mr. BYRD (for himself verifiable example of how collaboration, which takes place every September. In and Mr. COCHRAN) to the bill H.R. 2638, supra. technological innovation, scientific momen- Wisconsin, residents gather across the SA 2479. Mr. SANDERS (for himself and tum, and public-private partnerships can State to take part in this very special Mr. FEINGOLD) submitted an amendment in- generate therapeutic interventions that di- tended to be proposed to amendment SA 2383 rectly benefit polycystic kidney disease suf- walk. proposed by Mr. BYRD (for himself and Mr. ferers, save billions of Federal dollars under Increasing awareness will help all COCHRAN) to the bill H.R. 2638, supra; which Medicare, Medicaid, and other programs for those affected by this terrible disease. I was ordered to lie on the table. dialysis, kidney transplants, immunosup- hope my colleagues will support this SA 2480. Mr. GRAHAM (for himself, Mr. pressant drugs, and related therapies, and important resolution. PRYOR, Mr. GREGG, Mr. MCCAIN, Mr. MAR- make available several thousand openings on Mr. HATCH. Mr. President, I am TINEZ, Mr. KYL, Mr. SUNUNU, Mr. CORNYN, the kidney transplant waiting list; pleased to introduce today, along with Mrs. HUTCHISON, Mr. SPECTER, Mr. COLEMAN, Whereas improvements in diagnostic tech- my colleague from Wisconsin, Senator Mrs. LINCOLN, Mr. BYRD, Mr. SALAZAR, Mr. nology and the expansion of scientific Herb Kohl, a resolution to designate WEBB, Mr. BAUCUS, Ms. LANDRIEU, Mrs. knowledge about polycystic kidney disease MCCASKILL, Mr. ALEXANDER, Mrs. DOLE, Mr. have led to the discovery of the 3 primary the week of September 9–16, 2007, as DOMENICI, Mr. VITTER, Mr. SESSIONS, Mr. genes that cause polycystic kidney disease ‘‘National Polycystic Kidney Disease COBURN, Mrs. FEINSTEIN, Mr. BUNNING, Mr. and the 3 primary protein products of the Awareness Week’’. CORKER, Mr. HATCH, Mr. CHAMBLISS, Mr. genes and to the understanding of cell struc- This resolution acknowledges the WARNER, and Mr. INHOFE) proposed an tures and signaling pathways that cause cyst dangers of Polycystic Kidney Disease, amendment to amendment SA 2383 proposed growth that has produced multiple poly- also called PKD, which affects over by Mr. BYRD (for himself and Mr. COCHRAN) cystic kidney disease clinical drug trials; 600,000 Americans. That is more than to the bill H.R. 2638, supra. Whereas there are thousands of volunteers three times the population of Salt SA 2481. Mr. DEMINT submitted an amend- nationwide who are dedicated to expanding ment intended to be proposed to amendment Lake City. essential research, fostering public aware- SA 2383 proposed by Mr. BYRD (for himself ness and understanding of polycystic kidney PKD is the most common, life- and Mr. COCHRAN) to the bill H.R. 2638, supra. disease, educating polycystic kidney disease threatening genetic disease in the U.S. SA 2482. Mr. DEMINT submitted an amend- patients and their families about the disease There is no cure, and it is one of the ment intended to be proposed to amendment to improve their treatment and care, pro- four leading causes of kidney failure, SA 2383 proposed by Mr. BYRD (for himself

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and Mr. COCHRAN) to the bill H.R. 2638, supra; amendment SA 2383 proposed by Mr. BYRD RAN) to the bill H.R. 2638, supra; which was which was ordered to lie on the table. (for himself and Mr. COCHRAN) to the bill ordered to lie on the table. SA 2483. Mr. VITTER submitted an amend- H.R. 2638, supra. SA 2516. Mr. SALAZAR (for himself, Mr. ment intended to be proposed to amendment SA 2500. Mrs. BOXER submitted an amend- MENENDEZ, Mr. MARTINEZ, and Mr. GRAHAM) SA 2383 proposed by Mr. BYRD (for himself ment intended to be proposed to amendment submitted an amendment intended to be pro- and Mr. COCHRAN) to the bill H.R. 2638, supra; SA 2383 proposed by Mr. BYRD (for himself posed to amendment SA 2383 proposed by Mr. which was ordered to lie on the table. and Mr. COCHRAN) to the bill H.R. 2638, supra. BYRD (for himself and Mr. COCHRAN) to the SA 2484. Mr. GREGG submitted an amend- SA 2501. Ms. CANTWELL (for herself and bill H.R. 2638, supra. ment intended to be proposed to amendment Ms. SNOWE) submitted an amendment in- SA 2517. Mr. GRASSLEY (for himself, Mr. SA 2383 proposed by Mr. BYRD (for himself tended to be proposed to amendment SA 2383 THUNE, Mr. VITTER, Mr. COBURN, Mr. CRAPO, and Mr. COCHRAN) to the bill H.R. 2638, supra. proposed by Mr. BYRD (for himself and Mr. Mr. HAGEL, and Mr. WYDEN) submitted an SA 2485. Ms. COLLINS submitted an COCHRAN) to the bill H.R. 2638, supra; which amendment intended to be proposed to amendment intended to be proposed to was ordered to lie on the table. amendment SA 2383 proposed by Mr. BYRD amendment SA 2383 proposed by Mr. BYRD SA 2502. Mr. PRYOR (for himself, Mr. (for himself and Mr. COCHRAN) to the bill (for himself and Mr. COCHRAN) to the bill CRAIG, Mr. SCHUMER, Mr. CHAMBLISS, Mr. H.R. 2638, supra; which was ordered to lie on H.R. 2638, supra; which was ordered to lie on ROBERTS, and Mr. HAGEL) submitted an the table. the table. amendment intended to be proposed to SA 2518. Mr. KYL (for himself and Mr. SA 2486. Ms. COLLINS (for herself and Mr. amendment SA 2383 proposed by Mr. BYRD MARTINEZ) submitted an amendment in- LIEBERMAN) submitted an amendment in- (for himself and Mr. COCHRAN) to the bill tended to be proposed to amendment SA 2383 tended to be proposed to amendment SA 2383 H.R. 2638, supra. proposed by Mr. BYRD (for himself and Mr. proposed by Mr. BYRD (for himself and Mr. SA 2503. Mr. MARTINEZ (for himself, Mr. COCHRAN) to the bill H.R. 2638, supra. COCHRAN) to the bill H.R. 2638, supra. KYL, and Mr. GRAHAM) submitted an amend- SA 2519. Mr. OBAMA (for himself, Mr. SA 2487. Mrs. CLINTON (for herself and Mr. ment intended to be proposed to amendment COBURN, Mr. CASEY, and Mr. DURBIN) sub- DORGAN) submitted an amendment intended SA 2383 proposed by Mr. BYRD (for himself mitted an amendment intended to be pro- to be proposed to amendment SA 2383 pro- and Mr. COCHRAN) to the bill H.R. 2638, supra. posed to amendment SA 2383 proposed by Mr. posed by Mr. BYRD (for himself and Mr. COCH- SA 2504. Mr. LEVIN (for himself, Mr. TEST- BYRD (for himself and Mr. COCHRAN) to the RAN) to the bill H.R. 2638, supra; which was ER, Ms. STABENOW, and Mr. DORGAN) sub- bill H.R. 2638, supra. ordered to lie on the table. mitted an amendment intended to be pro- SA 2520. Mrs. DOLE submitted an amend- SA 2488. Mr. VITTER (for himself and Ms. posed to amendment SA 2383 proposed by Mr. ment intended to be proposed to amendment STABENOW) submitted an amendment in- BYRD (for himself and Mr. COCHRAN) to the SA 2383 proposed by Mr. BYRD (for himself tended to be proposed to amendment SA 2383 bill H.R. 2638, supra. and Mr. COCHRAN) to the bill H.R. 2638, supra; proposed by Mr. BYRD (for himself and Mr. SA 2505. Mr. DORGAN (for himself, Mr. which was ordered to lie on the table. COCHRAN) to the bill H.R. 2638, supra. CONRAD, and Mr. BYRD) proposed an amend- SA 2521. Mr. ROBERTS (for himself and SA 2489. Mr. DURBIN submitted an amendment to amendment SA 2468 proposed by Ms. Mr. BROWNBACK) submitted an amendment ment intended to be proposed to amendment LANDRIEU to the amendment SA 2383 pro- intended to be proposed to amendment SA SA 2448 submitted by Mr. SCHUMER (for him- posed by Mr. BYRD (for himself and Mr. COCH- 2383 proposed by Mr. BYRD (for himself and self and Mrs. HUTCHISON) to the amendment RAN) to the bill H.R. 2638, supra. Mr. COCHRAN) to the bill H.R. 2638, supra. SA 2383 proposed by Mr. BYRD (for himself SA 2506. Mr. NELSON, of Nebraska (for SA 2522. Mrs. FEINSTEIN submitted an and Mr. COCHRAN) to the bill H.R. 2638, supra; himself and Mr. LEAHY) submitted an amend- amendment intended to be proposed to which was ordered to lie on the table. ment intended to be proposed to amendment amendment SA 2383 proposed by Mr. BYRD SA 2490. Mr. MENENDEZ (for himself and SA 2383 proposed by Mr. BYRD (for himself (for himself and Mr. COCHRAN) to the bill Mr. LAUTENBERG) submitted an amendment and Mr. COCHRAN) to the bill H.R. 2638, supra; H.R. 2638, supra. intended to be proposed to amendment SA which was ordered to lie on the table. SA 2523. Mr. KERRY (for himself and Mr. 2383 proposed by Mr. BYRD (for himself and SA 2507. Mr. FEINGOLD submitted an HATCH) submitted an amendment intended to Mr. COCHRAN) to the bill H.R. 2638, supra. amendment intended to be proposed to be proposed by him to the bill H.R. 2638, SA 2491. Ms. LANDRIEU submitted an amendment SA 2383 proposed by Mr. BYRD supra; which was ordered to lie on the table. amendment intended to be proposed by her (for himself and Mr. COCHRAN) to the bill SA 2524. Mr. COLEMAN (for himself, Mr. to the bill H.R. 2638, supra; which was or- H.R. 2638, supra. ALLARD, Ms. KLOBUCHAR, and Mr. SALAZAR) dered to lie on the table. SA 2508. Mr. LIEBERMAN (for himself, Ms. submitted an amendment intended to be pro- SA 2492. Mr. SANDERS (for himself and COLLINS, and Mr. CARPER) submitted an posed to amendment SA 2383 proposed by Mr. Mr. FEINGOLD) submitted an amendment in- amendment intended to be proposed to BYRD (for himself and Mr. COCHRAN) to the tended to be proposed to amendment SA 2383 amendment SA 2383 proposed by Mr. BYRD bill H.R. 2638, supra. proposed by Mr. BYRD (for himself and Mr. (for himself and Mr. COCHRAN) to the bill SA 2525. Ms. LANDRIEU proposed an COCHRAN) to the bill H.R. 2638, supra; which H.R. 2638, supra. amendment to amendment SA 2383 proposed was ordered to lie on the table. SA 2509. Mrs. MCCASKILL (for herself, Mr. by Mr. BYRD (for himself and Mr. COCHRAN) SA 2493. Mrs. BOXER submitted an amend- OBAMA, Mr. PRYOR, Ms. LANDRIEU, Mr. to the bill H.R. 2638, supra. ment intended to be proposed to amendment LIEBERMAN, and Mr. KERRY) submitted an SA 2526. Ms. COLLINS (for herself and Mr. SA 2383 proposed by Mr. BYRD (for himself amendment intended to be proposed to GRASSLEY) submitted an amendment in- and Mr. COCHRAN) to the bill H.R. 2638, supra; amendment SA 2383 proposed by Mr. BYRD tended to be proposed to amendment SA 2383 which was ordered to lie on the table. (for himself and Mr. COCHRAN) to the bill proposed by Mr. BYRD (for himself and Mr. SA 2494. Mr. VITTER submitted an amend- H.R. 2638, supra. COCHRAN) to the bill H.R. 2638, supra. ment intended to be proposed to amendment SA 2510. Mr. KYL submitted an amend- SA 2527. Mrs. MURRAY (for Ms. LANDRIEU) SA 2383 proposed by Mr. BYRD (for himself ment intended to be proposed by him to the proposed an amendment to amendment SA and Mr. COCHRAN) to the bill H.R. 2638, supra; bill H.R. 2638, supra; which was ordered to lie 2383 proposed by Mr. BYRD (for himself and which was ordered to lie on the table. on the table. SA 2495. Mr. ISAKSON submitted an SA 2511. Mr. KYL submitted an amend- Mr. COCHRAN) to the bill H.R. 2638, supra. amendment intended to be proposed to ment intended to be proposed by him to the f amendment SA 2383 proposed by Mr. BYRD bill H.R. 2638, supra; which was ordered to lie (for himself and Mr. COCHRAN) to the bill on the table. TEXT OF AMENDMENTS H.R. 2638, supra. SA 2512. Mrs. DOLE submitted an amend- SA 2477. Mr. KERRY (for himself and SA 2496. Mr. COCHRAN (for himself and ment intended to be proposed by her to the Mr. KENNEDY) submitted an amend- Mr. BYRD) proposed an amendment to bill H.R. 2638, supra; which was ordered to lie ment intended to be proposed to amendment SA 2488 submitted by Mr. VITTER on the table. (for himself and Ms. STABENOW) to the SA 2513. Mr. LIEBERMAN submitted an amendment SA 2383 proposed by Mr. amendment SA 2383 proposed by Mr. BYRD amendment intended to be proposed to BYRD (for himself and Mr. COCHRAN) to (for himself and Mr. COCHRAN) to the bill amendment SA 2383 proposed by Mr. BYRD the bill H.R. 2638, making appropria- H.R. 2638, supra. (for himself and Mr. COCHRAN) to the bill tions for the Department of Homeland SA 2497. Mr. BYRD submitted an amend- H.R. 2638, supra. Security for the fiscal year ending Sep- ment intended to be proposed to amendment SA 2514. Ms. CANTWELL (for herself and tember 30, 2008, and for other purposes; SA 2383 proposed by Mr. BYRD (for himself Ms. SNOWE) submitted an amendment in- as follows: and Mr. COCHRAN) to the bill H.R. 2638, supra. tended to be proposed to amendment SA 2383 SA 2498. Mr. SANDERS (for himself and proposed by Mr. BYRD (for himself and Mr. On page 40, line 15, after ‘‘Security’’ insert Mr. FEINGOLD) submitted an amendment in- COCHRAN) to the bill H.R. 2638, supra. ‘‘and an analysis of the Department’s policy tended to be proposed to amendment SA 2383 SA 2515. Mrs. FEINSTEIN (for herself, Mr. of ranking States, cities, and other grantees proposed by Mr. BYRD (for himself and Mr. MARTINEZ, Mrs. BOXER, and Mr. NELSON, of by tiered groups,’’. COCHRAN) to the bill H.R. 2638, supra. Florida) submitted an amendment intended SA 2499. Mrs. MURRAY submitted an to be proposed to amendment SA 2383 pro- SA 2478. Mr. AKAKA submitted an amendment intended to be proposed to posed by Mr. BYRD (for himself and Mr. COCH- amendment intended to be proposed to

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BORDER SECURITY REQUIREMENTS. BYRD (for himself and Mr. COCHRAN) to SEC. 536. REPORT ON THE PERFORMANCE AC- (a) REQUIREMENTS.—Not later than 2 years COUNTABILITY AND STANDARDS the bill H.R. 2638, making appropria- after the date of the enactment of this Act, tions for the Department of Homeland SYSTEM OF THE TRANSPORTATION the President shall ensure that the following SECURITY ADMINISTRATION. are carried out: Security for the fiscal year ending Sep- Not later than March 1, 2008, the Transpor- (1) OPERATIONAL CONTROL OF THE INTER- tember 30, 2008, and for other purposes; tation Security Administration shall submit NATIONAL BORDER WITH MEXICO.—The Sec- as follows: a report to the Committees on Appropria- retary of Homeland Security shall establish tions of the Senate and the House of Rep- On page 69, after line 24, insert the fol- and demonstrate operational control of 100 resentatives, the Committee on Homeland lowing: percent of the international land border be- Security and Governmental Affairs of the SEC. 536. None of the funds appropriated or Senate, the Committee on Commerce, tween the United States and Mexico, includ- otherwise made available by this Act may be Science, and Transportation of the Senate, ing the ability to monitor such border obligated or expended by the Secretary of the Committee on Homeland Security of the through available methods and technology. Homeland Security to remove offenses from House of Representatives, and the Com- (2) STAFF ENHANCEMENTS FOR BORDER PA- the list of criminal offenses disqualifying in- mittee on Transportation and Infrastructure TROL.—The United States Customs and Bor- dividuals from receiving a Transportation of the House of Representatives on the im- der Protection Border Patrol shall hire, Worker Identification Credential under sec- plementation of the Performance Account- train, and report for duty 23,000 full-time tion 1572.103 of title 49, Code of Federal Regu- ability and Standards System, including— agents. lations. (1) the number of employees who achieved (3) STRONG BORDER BARRIERS.—The United each level of performance; States Customs and Border Protection Bor- SA 2482. Mr. DEMINT submitted an (2) a comparison between managers and der Patrol shall— amendment intended to be proposed to non-managers relating to performance and (A) install along the international land amendment SA 2383 proposed by Mr. border between the United States and Mex- pay increases; BYRD (for himself and Mr. COCHRAN) to ico at least— (3) the type and amount of all pay in- the bill H.R. 2638, making appropria- creases that have taken effect for each level (i) 300 miles of vehicle barriers; (ii) 700 linear miles of fencing as required tions for the Department of Homeland of performance; and Security for the fiscal year ending Sep- (4) the attrition of employees covered by by the Secure Fence Act of 2006 (Public Law the Performance Accountability and Stand- 109–367), as amended by this Act; and tember 30, 2008, and for other purposes; ards System. (iii) 105 ground-based radar and camera which was ordered to lie on the table; towers; and as follows: SA 2479. Mr. SANDERS (for himself (B) deploy for use along the international On page 69, after line 24, insert the fol- and Mr. FEINGOLD) submitted an land border between the United States and lowing: Mexico 4 unmanned aerial vehicles, and the amendment intended to be proposed to SEC. lll. AMENDMENT TO TITLE 31. amendment SA 2383 proposed by Mr. supporting systems for such vehicles. (4) CATCH AND RETURN.—The Secretary of (a) IN GENERAL.—Chapter 13 of title 31, BYRD (for himself and Mr. COCHRAN) to Homeland Security shall detain all remov- United States Code, is amended by inserting the bill H.R. 2638, making appropria- able aliens apprehended crossing the inter- after section 1310 the following new section: tions for the Department of Homeland national land border between the United ‘‘§ 1311. Continuing appropriations Security for the fiscal year ending Sep- States and Mexico in violation of Federal or ‘‘(a)(1) If any regular appropriation bill for tember 30, 2008, and for other purposes; State law, except as specifically mandated a fiscal year (or, if applicable, for each fiscal as follows: by Federal or State law or humanitarian cir- year in a biennium) does not become law be- On page 69, after line 24, add the following: cumstances, and United States Immigration fore the beginning of such fiscal year or a SEC. 536. PROHIBITION ON USE FUNDS FOR and Customs Enforcement shall have the re- joint resolution making continuing appro- RULEMAKING RELATED TO PETITIONS FOR sources to maintain this practice, including priations is not in effect, there are appro- ALIENS. the resources necessary to detain up to 45,000 priated, out of any money in the Treasury None of the funds made available in this aliens per day on an annual basis. not otherwise appropriated, and out of appli- Act may be used by the Secretary of Home- (b) PRESIDENTIAL PROGRESS REPORT.— cable corporate or other revenues, receipts, land Security or any delegate of the Sec- (1) IN GENERAL.—Not later than 90 days and funds, such sums as may be necessary to retary to issue any rule or regulation which after the date of enactment of this Act, and continue any project or activity for which implements the Notice of Proposed Rule- every 90 days thereafter until the require- funds were provided in the preceding fiscal making related to Petitions for Aliens To ments under subsection (a) are met, the year— Perform Temporary Nonagricultural Serv- President shall submit a report to Congress ‘‘(A) in the corresponding regular appro- ices or Labor (H–2B) set out beginning on 70 detailing the progress made in funding, priation Act for such preceding fiscal year; Federal Register 3984 (January 27, 2005), or meeting, or otherwise satisfying each of the or any amendments reaching results similar to requirements described under paragraphs (1) ‘‘(B) if the corresponding regular appro- such proposed rulemaking. through (4) of subsection (a), including de- priation bill for such preceding fiscal year tailing any contractual agreements reached did not become law, then in a joint resolu- SA 2480. Mr. GRAHAM (for himself, to carry out such measures. tion making continuing appropriations for Mr. PRYOR, Mr. GREGG, Mr. MCCAIN, (2) PROGRESS NOT SUFFICIENT.—If the Presi- such preceding fiscal year. Mr. MARTINEZ, Mr. KYL, Mr. SUNUNU, dent determines that sufficient progress is ‘‘(2) Appropriations and funds made avail- Mr. CORNYN, Mrs. HUTCHISON, Mr. SPEC- not being made, the President shall include able, and authority granted, for a project or TER, Mr. COLEMAN, Mrs. LINCOLN, Mr. in the report required under paragraph (1) activity for any fiscal year pursuant to this specific funding recommendations, author- BYRD, Mr. SALAZAR, Mr. WEBB, Mr. section shall be at a rate of operations not in ization needed, or other actions that are or BAUCUS, Ms. LANDRIEU, Mrs. excess of the lower of— should be undertaken by the Secretary of ‘‘(A) the rate of operations provided for in MCCASKILL, Mr. ALEXANDER, Mrs. Homeland Security. the regular appropriation Act providing for DOLE, Mr. DOMENICI, Mr. VITTER, Mr. SEC. 1003. APPROPRIATIONS FOR BORDER SECU- such project or activity for the preceding fis- SESSIONS, Mr. COBURN, Mrs. FEINSTEIN, RITY. cal year; Mr. BUNNING, Mr. CORKER, Mr. HATCH, There is hereby appropriated $3,000,000,000 ‘‘(B) in the absence of such an Act, the rate Mr. CHAMBLISS, Mr. WARNER, and Mr. to satisfy the requirements set out in section of operations provided for such project or ac- INHOFE) proposed an amendment to 1002(a) and, if any amount remains after sat- tivity pursuant to a joint resolution making amendment SA 2383 proposed by Mr. isfying such requirements, to achieve and continuing appropriations for such preceding BYRD (for himself and Mr. COCHRAN) to maintain operational control over the inter- fiscal year; the bill H.R. 2638, making appropria- national land and maritime borders of the ‘‘(C) the rate of operations provided for in United States, for employment eligibility the regular appropriation bill as passed by tions for the Department of Homeland verification improvements for increased re- the House of Representatives or the Senate Security for the fiscal year ending Sep- moval and detention of visa overstays, crimi- for the fiscal year in question, except that tember 30, 2008, and for other purposes; nal aliens, aliens who have illegally reen- the lower of these two versions shall be ig- as follows; tered the United States, and for reimburse- nored for any project or activity for which

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10195 there is a budget request if no funding is pro- (b) CLERICAL AMENDMENT.—The analysis of amendment SA 2383 proposed by Mr. vided for that project or activity in either chapter 13 of title 31, United States Code, is BYRD (for himself and Mr. COCHRAN) to version; or amended by inserting after the item relating the bill H.R. 2638, making appropria- to section 1310 the following new item: ‘‘(D) the annualized rate of operations pro- tions for the Department of Homeland vided for in the most recently enacted joint ‘‘1311. Continuing appropriations’’. resolution making continuing appropriations Security for the fiscal year ending Sep- for part of that fiscal year or any funding SA 2483. Mr. VITTER submitted an tember 30, 2008, and for other purposes; levels established under the provisions of amendment intended to be proposed to as follows: this Act. amendment SA 2383 proposed by Mr. On page 69, after line 24, add the following: ‘‘(3) Appropriations and funds made avail- BYRD (for himself and Mr. COCHRAN) to SEC. 536. ACCOUNTABILITY IN GRANT AND CON- able, and authority granted, for any fiscal the bill H.R. 2638, making appropria- TRACT ADMINISTRATION. year pursuant to this section for a project or tions for the Department of Homeland The Department of Homeland Security, activity shall be available for the period be- through the Federal Emergency Manage- ginning with the first day of a lapse in ap- Security for the fiscal year ending Sep- tember 30, 2008, and for other purposes; ment Agency, shall— propriations and ending with the earlier of— (1) consider implementation, through fair ‘‘(A) the date on which the applicable reg- as follows: and open competition, of management, ular appropriation bill for such fiscal year On page 69, after line 24, add the following: tracking and accountability systems to as- becomes law (whether or not such law pro- SEC. 536. PROHIBITION OF RESTRICTION ON USE sist in managing grant allocations, distribu- vides for such project or activity) or a con- OF AMOUNTS. tion, expenditures, and asset tracking; and tinuing resolution making appropriations (a) IN GENERAL.—Subject to subsection (c), (2) consider any efficiencies created becomes law, as the case may be; or and notwithstanding any other provision of through cooperative purchasing agreements. ‘‘(B) the last day of such fiscal year. law, the Administrator of the Federal Emer- ‘‘(b) An appropriation or funds made avail- gency Management Agency shall not pro- SA 2485. Ms. COLLINS submitted an able, or authority granted, for a project or hibit the use by the State of Louisiana under amendment intended to be proposed to activity for any fiscal year pursuant to this the Road Home Program of that State of any section shall be subject to the terms and amounts described in subsection (e), based amendment SA 2383 proposed by Mr. conditions imposed with respect to the ap- upon the existence or extent of any require- BYRD (for himself and Mr. COCHRAN) to propriation made or funds made available for ment or condition under that program that— the bill H.R. 2638, making appropria- the preceding fiscal year, or authority grant- (1) limits the amount made available to an tions for the Department of Homeland ed for such project or activity under current eligible homeowner who does not agree to re- Security for the fiscal year ending Sep- law. main an owner and occupant of a home in tember 30, 2008, and for other purposes; ‘‘(c) Appropriations and funds made avail- Louisiana; or which was ordered to lie on the table; able, and authority granted, for any project (2) waives the applicability of any limita- or activity for any fiscal year pursuant to tion described in paragraph (1) for eligible as follows: this section shall cover all obligations or ex- homeowners who are elderly or senior citi- Beginning on page 33, strike line 25 and all penditures incurred for such project or activ- zens. that follows through page 34, line 4, and in- ity during the portion of such fiscal year for (b) PROCEDURES.—The Administrator of the sert the following: ‘‘Affairs, $117,400,000; of which this section applies to such project or Federal Emergency Management Agency which $20,817,000 is for salaries and expenses; activity. shall identify and implement mechanisms to of which $2,400,000 is for the implementation ‘‘(d) Expenditures made for a project or ac- simplify the expedited distribution of of Homeland Security Presidential Directive/ tivity for any fiscal year pursuant to this amounts described in subsection (e), includ- HSPD-9 (relating to the defense of United section shall be charged to the applicable ap- ing— States Agriculture and Food) and for other propriation, fund, or authorization whenever (1) creating a programmatic cost-benefit food defense activities; and of which a regular appropriation bill or a joint resolu- analysis to provide a means of conducting $94,183,000 is for biosurveillance, biowatch, tion making continuing appropriations until cost-benefit analysis by project type and ge- chemical response, and related activities for the end of a fiscal year providing for such ographic factors rather than on a structure- the Department of Homeland Security, to re- project or activity for such period becomes by-structure basis; and main available until September 30, 2009: Pro- law. (2) developing a streamlined environmental vided, That amounts appropriated under the ‘‘(e) This section shall not apply to a review process to significantly speed the ap- subheading ‘Automation Modernization’ project or activity during a fiscal year if any proval of project applications. under the heading ‘U.S. Immigration and other provision of law (other than an author- (c) WAIVER.— Customs Enforcement’ be reduced by ization of appropriations)— (1) IN GENERAL.—Except as provided in $2,400,000: Provided further, That’’. ‘‘(1) makes an appropriation, makes funds paragraph (2), in using amounts described in available, or grants authority for such subsection (e), the President shall waive the SA 2486. Ms. COLLINS (for herself requirements of section 206.434(c) and project or activity to continue for such pe- and Mr. LIEBERMAN) submitted an riod; or 206.438(d) of title 44, Code of Federal Regula- tions (or any corresponding similar regula- amendment intended to be proposed to ‘‘(2) specifically provides that no appro- amendment SA 2383 proposed by Mr. priation shall be made, no funds shall be tion or ruling), or specify alternative re- BYRD (for himself and Mr. COCHRAN) to made available, or no authority shall be quirements, upon a request by the State of granted for such project or activity to con- Louisiana that such waiver is required to fa- the bill H.R. 2638, making appropria- tinue for such period. cilitate the timely use of funds or a guar- tions for the Department of Homeland ‘‘(f) For purposes of this section, the term antee provided under section 404 of the Rob- Security for the fiscal year ending Sep- ‘regular appropriation bill’ means any an- ert T. Stafford Disaster Relief and Emer- tember 30, 2008, and for other purposes; gency Assistance Act (42 U.S.C. 5170c). nual appropriation bill making appropria- as follows: tions, otherwise making funds available, or (2) EXCEPTION.—The President may not waive any requirement relating to fair hous- On page 30, line 17, before the period insert granting authority, for any of the following the following: ‘‘Provided, That $10,043,000 categories of projects and activities: ing, nondiscrimination, labor standards, or, except as provided in subsection (b), the en- shall be for the Office of Bombing Prevention ‘‘(1) Agriculture, Rural Development, Food and not more than $26,100,000 shall be for the and Drug Administration, and Related Agen- vironment under paragraph (1). (d) SAVINGS PROVISION.—Except as provided Next Generation Network’’. cies. in subsections (a), (b), and (c), section 404 of ‘‘(2) Commerce, Justice, Science, and Re- the Robert T. Stafford Disaster Relief and lated Agencies. SA 2487. Mrs. CLINTON (for herself Emergency Assistance Act (42 U.S.C. 5170c) ‘‘(3) Defense. and Mr. DORGAN) submitted an amend- shall apply to amounts described in sub- ment intended to be proposed to ‘‘(4) Energy and Water Development. section (e) that are used by the State of Lou- ‘‘(5) Financial Services and General Gov- isiana under the Road Home Program of that amendment SA 2383 proposed by Mr. ernment. State. BYRD (for himself and Mr. COCHRAN) to ‘‘(6) Homeland Security. (e) COVERED AMOUNTS.—The amounts de- the bill H.R. 2638, making appropria- ‘‘(7) Interior, Environment, and Related scribed in this subsection are any amounts tions for the Department of Homeland Agencies. provided to the State of Louisiana because of Security for the fiscal year ending Sep- ‘‘(8) Labor, Health and Human Services, Hurricane Katrina of 2005 or Hurricane Rita tember 30, 2008, and for other purposes; Education, and Related Agencies. of 2005 under the hazard mitigation grant ‘‘(9) Legislative Branch. program of the Federal Emergency Manage- which was ordered to lie on the table; ‘‘(10) Military Construction, Veterans’ Af- ment Agency under section 404 of the Robert as follows: fairs, and Related Agencies. T. Stafford Disaster Relief and Emergency On page 69, after line 24, insert the fol- ‘‘(11) State, Foreign Operations, and Re- Assistance Act (42 U.S.C. 5170c). lowing: lated Programs. SEC. 536. The Administrator of the Trans- ‘‘(12) Transportation, Housing and Urban SA 2484. Mr. GREGG submitted an portation Security Administration shall pro- Development, and Related Agencies.’’. amendment intended to be proposed to hibit any butane lighters from being taken

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10196 CONGRESSIONAL RECORD — SENATE July 26, 2007 into an airport sterile area or onboard an as amended by section 536, is further amend- school of nursing involved will expend the aircraft until the Administrator provides to ed by adding at the end the following: grant to increase the number of nursing fac- the Committee on Appropriations of the Sen- ‘‘(5) FEE FOR RECAPTURE OF UNUSED EM- ulty and students at the school, including by ate, the Committee on Appropriations of the PLOYMENT-BASED IMMIGRANT VISAS.— hiring new faculty, retaining current fac- House of Representatives, the Committee on ‘‘(A) IN GENERAL.—The Secretary of Home- ulty, purchasing educational equipment and Homeland Security and Governmental Af- land Security shall impose a fee upon each audiovisual laboratories, enhancing clinical fairs of the Senate, the Committee on Home- petitioning employer who uses a visa recap- laboratories, repairing and expanding infra- land Security of the House of Representa- tured from fiscal years 1996 and 1997 under structure, or recruiting students. tives, and the Committee on Commerce, this subsection to provide employment for ‘‘(c) GRANT COMPUTATION.— Science, and Transportation of the Senate, a an alien as a professional nurse, provided ‘‘(1) AMOUNT PER STUDENT.—Subject to report identifying all anticipated security that— paragraph (2), the amount of a grant to an el- benefits and any possible vulnerabilities as- ‘‘(i) such fee shall be in the amount of igible school of nursing under this section sociated with allowing butane lighters into $1,500 for each such alien nurse (but not for for a fiscal year shall be the total of the fol- airport sterile areas and onboard commercial dependents accompanying or following to lowing: aircraft, including supporting analysis justi- join who are not professional nurses); and ‘‘(A) $1,800 for each full-time or part-time fying the conclusions reached. The Comp- ‘‘(ii) no fee shall be imposed for the use of student who is enrolled at the school in a troller General of the United States shall re- such visas if the employer demonstrates to graduate program in nursing that— port on its assessment of the report sub- the Secretary that— ‘‘(i) leads to a masters degree, a doctoral mitted by the Transportation Security Ad- ‘‘(I) the employer is a health care facility degree, or an equivalent degree; and ministration within 180 days of the date the that is located in a county or parish that re- ‘‘(ii) prepares individuals to serve as fac- report is submitted. The Administrator shall ceived individual and public assistance pur- ulty through additional course work in edu- not take action to allow butane lighters into suant to Major Disaster Declaration number cation and ensuring competency in an ad- an airport sterile area or onboard commer- 1603 or 1607; or vanced practice area. cial aircraft until at least 60 days after the ‘‘(II) the employer is a health care facility ‘‘(B) $1,405 for each full-time or part-time Comptroller General submits the Comp- that has been designated as a Health Profes- student who— troller General’s assessment of the Transpor- sional Shortage Area facility by the Sec- ‘‘(i) is enrolled at the school in a program tation Security Administration report. retary of Health and Human Services as de- in nursing leading to a bachelor of science fined in section 332 of the Public Health degree, a bachelor of nursing degree, a grad- SA 2488. Mr. VITTER (for himself Service Act (42 U.S.C. 254e). uate degree in nursing if such program does and Ms. STABENOW) submitted an ‘‘(B) FEE COLLECTION.—A fee imposed by not meet the requirements of subparagraph the Secretary of Homeland Security pursu- amendment intended to be proposed to (A), or an equivalent degree; and ant to this paragraph shall be collected by amendment SA 2383 proposed by Mr. ‘‘(ii) has not more than 3 years of academic the Secretary as a condition of approval of BYRD (for himself and Mr. COCHRAN) to credits remaining in the program. an application for adjustment of status by the bill H.R. 2638, making appropria- ‘‘(C) $966 for each full-time or part-time the beneficiary of a petition or by the Sec- student who is enrolled at the school in a tions for the Department of Homeland retary of State as a condition of issuance of program in nursing leading to an associate Security for the fiscal year ending Sep- a visa to such beneficiary.’’. degree in nursing or an equivalent degree. tember 30, 2008, and for other purposes; SEC. 538. DOMESTIC NURSING ENHANCEMENT as follows: ‘‘(2) LIMITATION.—In calculating the ACCOUNT. amount of a grant to a school under para- On page 69, after line 24, add the following: Section 286 of the Immigration and Nation- graph (1), the Secretary may not make a SEC. 536. None of the funds made available ality Act (8 U.S.C. 1356) is amended by add- payment with respect to a particular stu- in this Act for U.S. Customs and Border Pro- ing at the end the following: dent— tection or any agency or office within the ‘‘(w) DOMESTIC NURSING ENHANCEMENT AC- ‘‘(A) for more than 2 fiscal years in the Department of Homeland Security may be COUNT.— case of a student described in paragraph used to prevent an individual from importing ‘‘(1) ESTABLISHMENT.—There is established (1)(A) who is enrolled in a graduate program a prescription drug from Canada if— in the general fund of the Treasury a sepa- in nursing leading to a master’s degree or an (1) such individual— rate account which shall be known as the equivalent degree; (A) is not in the business of importing a ‘Domestic Nursing Enhancement Account.’ ‘‘(B) for more than 4 fiscal years in the prescription drug (within the meaning of sec- Notwithstanding any other provision of law, case of a student described in paragraph tion 801(g) of the Federal Food, Drug, and there shall be deposited as offsetting receipts (1)(A) who is enrolled in a graduate program Cosmetic Act (21 U.S.C. 381(g))); and into the account all fees collected under sec- in nursing leading to a doctoral degree or an (B) only imports a personal-use quantity of tion 106(d)(5) of the American Competitive- equivalent degree; such drug that does not exceed a 90-day sup- ness in the Twenty-first Century Act of 2000 ‘‘(C) for more than 3 fiscal years in the ply; and (Public Law 106–313; 8 U.S.C. 1153 note). case of a student described in paragraph (2) such drug— Nothing in this subsection shall prohibit the (1)(B); or (A) complies with sections 501, 502, and 505 depositing of other moneys into the account ‘‘(D) for more than 2 fiscal years in the of the Federal Food, Drug, and Cosmetic Act established under this section. case of a student described in paragraph (21 U.S.C. 351, 352, and 355); and ‘‘(2) USE OF FUNDS.—Amounts collected (1)(C). (B) is not— under section 106(d)(5) of the American Com- (i) a controlled substance, as defined in petitiveness in the Twenty-first Century Act ‘‘(d) ELIGIBILITY.—In this section, the term section 102 of the Controlled Substances Act of 2000 (Public Law 106–313; 8 U.S.C. 1153 ‘eligible school of nursing’ means a school of (21 U.S.C. 802); or note), and deposited into the account estab- nursing that— (ii) a biological product, as defined in sec- lished under paragraph (1) shall be used by ‘‘(1) is accredited by a nursing accrediting tion 351 of the Public Health Service Act (42 the Secretary of Health and Human Services agency recognized by the Secretary of Edu- U.S.C. 262). to carry out section 832 of the Public Health cation; Service Act. Such amounts shall be available ‘‘(2) has a passage rate on the National SA 2489. Mr. DURBIN submitted an for obligation only to the extent, and in the Council Licensure Examination for Reg- amendment intended to be proposed to amount, provided in advance in appropria- istered Nurses of not less than 80 percent for amendment SA 2448 submitted by Mr. tions Acts. Such amounts are authorized to each of the 3 academic years preceding submission of the grant application; and SCHUMER (for himself and Mrs. remain available until expended.’’. ‘‘(3) has a graduation rate (based on the HUTCHISON) to the amendment 2383 pro- SEC. 539. CAPITATION GRANTS TO INCREASE THE number of students in a class who graduate posed by Mr. BYRD (for himself and Mr. NUMBER OF NURSING FACULTY AND STUDENTS. relative to, for a baccalaureate program, the COCHRAN) to the bill H.R. 2638, making Part D of title VIII of the Public Health number of students who were enrolled in the appropriations for the Department of Service Act (42 U.S.C. 296p et seq.) is amend- class at the beginning of junior year or, for Homeland Security for the fiscal year ed by adding at the end the following: an associate degree program, the number of ending September 30, 2008, and for ‘‘SEC. 832. CAPITATION GRANTS. students who were enrolled in the class at the end of the first year) of not less than 80 other purposes; which was ordered to ‘‘(a) IN GENERAL.—For the purpose de- lie on the table; as follows: scribed in subsection (b), the Secretary, act- percent for each of the 3 academic years preceding submission of the grant application. On page 2, after line 13 of the amendment, ing through the Health Resources and Serv- insert the following: ices Administration, shall award a grant ‘‘(e) REQUIREMENTS.—The Secretary may SEC. 537. FEE FOR RECAPTURE OF UNUSED EM- each fiscal year in an amount determined in award a grant under this section to an eligi- PLOYMENT-BASED IMMIGRANT accordance with subsection (c) to each eligible school of nursing only if the school gives VISAS. ble school of nursing that submits an appli- assurances satisfactory to the Secretary Section 106(d) of the American Competi- cation in accordance with this section. that, for each academic year for which the tiveness in the Twenty-first Century Act of ‘‘(b) PURPOSE.—A funding agreement for a grant is awarded, the school will comply 2000 (Public Law 106–313; 8 U.S.C. 1153 note), grant under this section is that the eligible with the following:

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‘‘(1) The school will maintain a passage ‘‘(f) REPORTS TO CONGRESS.—The Secretary (b) RULEMAKING.— rate on the National Council Licensure Ex- shall evaluate the results of grants under (1) REQUIREMENT.—Not later than 6 months amination for Registered Nurses of not less this section and submit to Congress— after the date of the enactment of this Act, than 80 percent. ‘‘(1) not later than 18 months after the date the Secretary shall promulgate regulations ‘‘(2) The school will maintain a graduation of the enactment of this section, an interim to carry out the amendments made by this rate (as described in subsection (d)(3)) of not report on such results; and section. less than 80 percent. ‘‘(2) not later than September 30, 2010, a (2) CONTENT.—The regulations promulgated ‘‘(3)(A) Subject to subparagraphs (B) and final report on such results. pursuant to paragraph (1) shall— (C), the first-year enrollment of full-time ‘‘(g) APPLICATION.—An eligible school of (A) permit an eligible alien (as defined in nursing students in the school will exceed nursing seeking a grant under this section section 317A of the Immigration and Nation- such enrollment for the preceding academic shall submit an application to the Secretary ality Act, as added by subsection (a)) and the year by 5 percent or 5 students, whichever is at such time, in such manner, and con- spouse or child of the eligible alien to reside greater. taining such information and assurances as in a foreign country to work as a physician ‘‘(B) Subparagraph (A) shall not apply to the Secretary may require. or other healthcare worker as described in the first academic year for which a school re- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— subsection (a) of such section 317A for not ceives a grant under this section. In addition to the amounts in the Domestic less than a 12-month period and not more ‘‘(C) With respect to any academic year, Nursing Enhancement Account, established than a 24-month period, and shall permit the the Secretary may waive application of sub- under section 286(w) of the Immigration and Secretary to extend such period for an addi- paragraph (A) if— Nationality Act, there are authorized to be tional period not to exceed 12 months, if the ‘‘(i) the physical facilities at the school in- appropriated such sums as may be necessary Secretary determines that such country has volved limit the school from enrolling addi- to carry out this section.’’. a continuing need for such a physician or tional students; or SEC. 540. GLOBAL HEALTH CARE COOPERATION. other healthcare worker; ‘‘(ii) the school has increased enrollment in (a) IN GENERAL.—Title III of the Immigra- (B) provide for the issuance of documents the school (as described in subparagraph (A)) tion and Nationality Act (8 U.S.C. 1401 et by the Secretary to such eligible alien, and for each of the 2 preceding academic years. seq.) is amended by inserting after section such spouse or child, if appropriate, to dem- ‘‘(4) Not later than 1 year after receiving a 317 the following: onstrate that such eligible alien, and such grant under this section, the school will for- ‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS spouse or child, if appropriate, is authorized mulate and implement a plan to accomplish PROVIDING HEALTH CARE IN DE- to reside in such country under such section at least 2 of the following: VELOPING COUNTRIES. 317A; and ‘‘(A) Establishing or significantly expand- ‘‘(a) IN GENERAL.—Notwithstanding any (C) provide for an expedited process ing an accelerated baccalaureate degree other provision of this Act, the Secretary of through which the Secretary shall review ap- nursing program designed to graduate new Homeland Security shall allow an eligible plications for such an eligible alien to reside nurses in 12 to 18 months. alien and the spouse or child of such alien to in a foreign country pursuant to subsection ‘‘(B) Establishing cooperative reside in a candidate country during the pe- (a) of such section 317A if the Secretary of intradisciplinary education among schools of riod that the eligible alien is working as a State determines a country is a candidate nursing with a view toward shared use of physician or other health care worker in a country pursuant to subsection (b)(1)(C) of technological resources, including informa- candidate country. During such period the such section 317A. tion technology. eligible alien and such spouse or child shall (c) TECHNICAL AND CONFORMING AMEND- ‘‘(C) Establishing cooperative interdiscipli- be considered— MENTS.— nary training between schools of nursing and ‘‘(1) to be physically present and residing (1) DEFINITION.—Section 101(a)(13)(C)(ii) of schools of allied health, medicine, dentistry, in the United States for purposes of natu- the Immigration and Nationality Act (8 osteopathy, optometry, podiatry, pharmacy, ralization under section 316(a); and U.S.C. 1101(a)(13)(C)(ii)) is amended by adding public health, or veterinary medicine, in- ‘‘(2) to meet the continuous residency re- at the end the following: ‘‘except in the case cluding training for the use of the inter- quirements under section 316(b). of an eligible alien, or the spouse or child of disciplinary team approach to the delivery of ‘‘(b) DEFINITIONS.—In this section: such alien, who is authorized to be absent health services. ‘‘(1) CANDIDATE COUNTRY.—The term ‘can- from the United States under section 317A,’’. ‘‘(D) Integrating core competencies on evi- didate country’ means a country that the (2) DOCUMENTARY REQUIREMENTS.—Section dence-based practice, quality improvements, Secretary of State determines to be— 211(b) of such Act (8 U.S.C. 1181(b)) is amend- and patient-centered care. ‘‘(A) eligible for assistance from the Inter- ed by inserting ‘‘, including an eligible alien ‘‘(E) Increasing admissions, enrollment, national Development Association, in which authorized to reside in a foreign country and retention of qualified individuals who the per capita income of the country is equal under section 317A and the spouse or child of are financially disadvantaged. to or less than the historical ceiling of the such eligible alien, if appropriate,’’ after ‘‘(F) Increasing enrollment of minority and International Development Association for ‘‘101(a)(27)(A),’’. diverse student populations. the applicable fiscal year, as defined by the (3) INELIGIBLE ALIENS.—Section ‘‘(G) Increasing enrollment of new grad- International Bank for Reconstruction and 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. uate baccalaureate nursing students in grad- Development; 1182(a)(7)(A)(i)(I)) is amended by inserting uate programs that educate nurse faculty ‘‘(B) classified as a lower middle income ‘‘other than an eligible alien authorized to members. country in the then most recent edition of reside in a foreign country under section ‘‘(H) Developing post-baccalaureate resi- the World Development Report for Recon- 317A and the spouse or child of such eligible dency programs to prepare nurses for prac- struction and Development published by the alien, if appropriate,’’ after ‘‘Act,’’. tice in specialty areas where nursing short- International Bank for Reconstruction and (4) NATURALIZATION.—Section 319(b) of such ages are most severe. Development and having an income greater Act (8 U.S.C. 1430(b)) is amended by inserting ‘‘(I) Increasing integration of geriatric than the historical ceiling for International ‘‘an eligible alien who is residing or has re- content into the core curriculum. Development Association eligibility for the sided in a foreign country under section ‘‘(J) Partnering with economically dis- applicable fiscal year; or 317A’’ before ‘‘and (C)’’. advantaged communities to provide nursing ‘‘(C) qualified to be a candidate country (5) CLERICAL AMENDMENT.—The table of education. due to special circumstances, including nat- contents of such Act is amended by inserting ‘‘(K) Expanding the ability of nurse man- ural disasters or public health emergencies. after the item relating to section 317 the fol- aged health centers to provide clinical edu- ‘‘(2) ELIGIBLE ALIEN.—The term ‘eligible lowing: cation training sites to nursing students. alien’ means an alien who— ‘‘Sec. 317A. Temporary absence of aliens ‘‘(5) The school will submit an annual re- ‘‘(A) has been lawfully admitted to the providing health care in devel- port to the Secretary that includes updated United States for permanent residence; and oping countries’’. information on the school with respect to ‘‘(B) is a physician or other healthcare (d) AUTHORIZATION OF APPROPRIATIONS.— student enrollment, student retention, grad- worker. There are authorized to be appropriated to uation rates, passage rates on the National ‘‘(c) CONSULTATION.—The Secretary of United States Citizenship and Immigration Council Licensure Examination for Reg- Homeland Security shall consult with the Services such sums as may be necessary to istered Nurses, the number of graduates em- Secretary of State in carrying out this sec- carry out this section and the amendments ployed as nursing faculty or nursing care tion. made by this section. providers within 12 months of graduation, ‘‘(d) PUBLICATION.—The Secretary of State SEC. 541. ATTESTATION BY HEALTH CARE WORK- and the number of students who are accepted shall publish— ERS. into graduate programs for further nursing ‘‘(1) a list of candidate countries not later (a) ATTESTATION REQUIREMENT.—Section education. than 6 months after the date of the enact- 212(a)(5) of the Immigration and Nationality ‘‘(6) The school will allow the Secretary to ment of this section, and annually there- Act (8 U.S.C. 1182(a)(5)) is amended by adding make on-site inspections, and will comply after; and at the end the following: with the Secretary’s requests for informa- ‘‘(2) an amendment to the list described in ‘‘(E) HEALTH CARE WORKERS WITH OTHER OB- tion, to determine the extent to which the paragraph (1) at the time any country quali- LIGATIONS.— school is complying with the requirements of fies as a candidate country due to special cir- ‘‘(i) IN GENERAL.—An alien who seeks to this section. cumstances under subsection (b)(1)(C).’’. enter the United States for the purpose of

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10198 CONGRESSIONAL RECORD — SENATE July 26, 2007 performing labor as a physician or other SA 2491. Ms. LANDRIEU submitted wildfires and provide information and re- health care worker is inadmissible unless the an amendment intended to be proposed sources to assist community preparedness alien submits to the Secretary of Homeland by her to the bill H.R. 2638, making ap- for wildfires, $2,000,000: Provided, That such programs shall be targeted to provide edu- Security or the Secretary of State, as appro- propriations for the Department of priate, an attestation that the alien is not cation to communities growing into the seeking to enter the United States for such Homeland Security for the fiscal year wildland urban interface and in areas at risk purpose during any period in which the alien ending September 30, 2008, and for for wildfire: Provided further, That such pro- has an outstanding obligation to the govern- other purposes; as follows; which was grams shall be administered as part of the ment of the alien’s country of origin or the ordered to lie on the table; as follows: larger mission of the United States Fire Ad- alien’s country of residence. At the appropriate place, insert the fol- ministration within the Federal Emergency Management Agency to reduce life and eco- ‘‘(ii) OBLIGATION DEFINED.—In this subpara- lowing: nomic losses due to fire and related emer- graph, the term ‘obligation’ means an obliga- SEC. ll. APPLICATION FOR TRANSPORT WORK- tion incurred as part of a valid, voluntary in- gencies, through leadership, advocacy, co- ER IDENTIFICATION CREDENTIAL. ordination, and support. dividual agreement in which the alien re- (a) IN GENERAL.—The Secretary shall allow ceived financial assistance to defray the an employer to use Homeport, a website SA 2494. Mr. VITTER submitted an costs of education or training to qualify as a maintained by the Coast Guard, to conduct physician or other health care worker in amendment intended to be proposed to an initial screening for interim work author- amendment SA 2383 proposed by Mr. consideration for a commitment to work as ity for employment aboard a vessel under a physician or other health care worker in section 104(c) of the SAFE Port Act (46 BYRD (for himself and Mr. COCHRAN) to the alien’s country of origin or the alien’s U.S.C. 70105 note). the bill H.R. 2638, making appropria- country of residence. (b) TIME LIMITATION.—The Secretary shall tions for the Department of Homeland ‘‘(iii) WAIVER.—The Secretary of Homeland allow an applicant who has passed an initial Security for the fiscal year ending Sep- Security may waive a finding of inadmis- screening for interim work authority to be tember 30, 2008, and for other purposes; sibility under clause (i) if the Secretary de- employed aboard a vessel for up to 180 days as follows: termines that— before requiring the employee to apply for a On page 69, after line 24, add the following: ‘‘(I) the obligation was incurred by coer- Transportation Worker Identification Cre- cion or other improper means; SEC. 536. PROHIBITION OF RESTRICTION ON USE dential. OF AMOUNTS. ‘‘(II) the alien and the government of the (c) LIMITATION ON USE OF FUNDS.—No funds (a) IN GENERAL.—Subject to subsection (c), country to which the alien has an out- appropriated under this Act may be used to and notwithstanding any other provision of standing obligation have reached a valid, require an employee to apply for a Transpor- law, the Administrator of the Federal Emer- voluntary agreement, pursuant to which the tation Worker Identification Credential be- gency Management Agency shall not pro- alien’s obligation has been deemed satisfied, fore the Secretary makes available on Home- hibit the use by the State of Louisiana under or the alien has shown to the satisfaction of port the security screening for interim work the Road Home Program of that State of any the Secretary that the alien has been unable authority for employment aboard a vessel re- amounts described in subsection (e), based to reach such an agreement because of coer- quired under section 104(c) of the SAFE Port upon the existence or extent of any require- cion or other improper means; or Act (46 U.S.C. 70105 note). ment or condition under that program that— ‘‘(III) the obligation should not be enforced (1) limits the amount made available to an due to other extraordinary circumstances, SA 2492. Mr. SANDERS (for himself eligible homeowner who does not agree to re- including undue hardship that would be suf- and Mr. FEINGOLD) submitted an main an owner and occupant of a home in fered by the alien in the absence of a waiv- amendment intended to be proposed to Louisiana; or er.’’. amendment SA 2383 proposed by Mr. (2) waives the applicability of any limita- (b) EFFECTIVE DATE; APPLICATION.— tion described in paragraph (1) for eligible (1) EFFECTIVE DATE.—The amendment BYRD (for himself and Mr. COCHRAN) to homeowners who are elderly or senior citi- made by subsection (a) shall take effect on the bill H.R. 2638, making appropria- zens. the date that is 180 days after the date of the tions for the Department of Homeland (b) PROCEDURES.—The Administrator of the enactment of this Act. Security for the fiscal year ending Sep- Federal Emergency Management Agency (2) APPLICATION BY THE SECRETARY.—Not tember 30, 2008, and for other purposes; shall identify and implement mechanisms to later than the effective date described in which was ordered to lie on the table; simplify the expedited distribution of paragraph (1), the Secretary shall begin to as follows: amounts described in subsection (e), includ- carry out subparagraph (E) of section ing— 212(a)(5) of the Immigration and Nationality On page 69, after line 24, add the following: (1) creating a programmatic cost-benefit Act (8 U.S.C. 1182(a)(5)), including the re- SEC. 536. PROHIBITION ON USE FUNDS FOR analysis to provide a means of conducting quirement for the attestation and the grant- RULEMAKING RELATED TO PETITIONS FOR cost-benefit analysis by project type and ge- ing of a waiver described in clause (iii) of ALIENS. ographic factors rather than on a structure- such subparagraph (E), regardless of whether None of the funds made available in this by-structure basis; and regulations to implement such subparagraph Act may be used by the Secretary of Home- (2) developing a streamlined environmental have been promulgated. land Security or any delegate of the Sec- review process to significantly speed the ap- retary to issue any rule or regulation which proval of project applications. SA 2490. Mr. MENENDEZ (for himself implements the Notice of Proposed Rule- (c) WAIVER.— making related to Petitions for Aliens To and Mr. LAUTENBERG) submitted an (1) IN GENERAL.—Except as provided in Perform Temporary Nonagricultural Serv- amendment intended to be proposed to paragraph (2), in using amounts described in ices or Labor (H-2B) set out beginning on 70 subsection (e), the President shall waive the amendment SA 2383 proposed by Mr. Federal Register 3984 (January 27, 2005), or requirements of section 206.434(c) and section BYRD (for himself and Mr. COCHRAN) to any amendments reaching results similar to 206.438(d) of title 44, Code of Federal Regula- the bill H.R. 2638, making appropria- such proposed rulemaking. tions (or any corresponding similar regulations for the Department of Homeland tion or ruling), or specify alternative re- Security for the fiscal year ending Sep- SA 2493. Mrs. BOXER submitted an quirements, upon a request by the State of tember 30, 2008, and for other purposes; amendment intended to be proposed to Louisiana that such waiver is required to fa- as follows: amendment SA 2383 proposed by Mr. cilitate the timely use of funds or a guarantee provided under section 404 of the Rob- On page 69, after line 24, add the following: BYRD (for himself and Mr. COCHRAN) to the bill H.R. 2638, making appropria- ert T. Stafford Disaster Relief and Emer- SEC. 536. REPORT ON URBAN AREA SECURITY gency Assistance Act (42 U.S.C. 5170c). INITIATIVE. tions for the Department of Homeland (2) EXCEPTION.—The President may not Not later than 180 days after the date of Security for the fiscal year ending Sep- waive any requirement relating to fair hous- enactment of this Act, the Government Ac- tember 30, 2008, and for other purposes; ing, nondiscrimination, labor standards, or, countability Office shall submit a report to which was ordered to lie on the table; except as provided in subsection (b), the en- the appropriate congressional committees as follows: vironment under paragraph (1). which describes the criteria and factors the (d) SAVINGS PROVISION.—Except as provided Department of Homeland Security uses to On page 2, line 11, strike ‘‘$100,000,000’’ and insert ‘‘$98,000,000’’. in subsections (a), (b), and (c), section 404 of determine the regional boundaries for Urban the Robert T. Stafford Disaster Relief and Area Security Initiative regions, including a On page 45, between lines 23 and 24, insert the following: Emergency Assistance Act (42 U.S.C. 5170c) determination if the Department is meeting shall apply to amounts described in sub- its goal to implement a regional approach GRANTS FOR COMMUNITY WILDFIRE section (e) that are used by the State of Lou- with respect to Urban Area Security Initia- PREPAREDNESS AND EDUCATION isiana under the Road Home Program of that tive regions, and provides recommendations For necessary expense for programs admin- State. for how the Department can better facilitate istered Assistant Administrator for the (e) COVERED AMOUNTS.—The amounts de- a regional approach for Urban Area Security United States Fire Administration to edu- scribed in this subsection is $1,170,000,000 pro- Initiative regions. cate communities about the dangers of vided to the State of Louisiana because of

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE July 26, 2007 CONGRESSIONAL RECORD — SENATE S10199 Hurricane Katrina of 2005 or Hurricane Rita international terrorism who cross or at- SA 2498. Mr. SANDERS (for himself of 2005 under the hazard mitigation grant tempt to cross illegally into the United and Mr. FEINGOLD) submitted an program of the Federal Emergency Manage- States. amendment intended to be proposed to ment Agency under section 404 of the Robert (17) The Federal Bureau of Investigation is amendment SA 2383 proposed by Mr. T. Stafford Disaster Relief and Emergency investigating a human smuggling ring that Assistance Act (42 U.S.C. 5170c). has been bringing Iraqis and other Middle BYRD (for himself and Mr. COCHRAN) to Eastern individuals across the international the bill H.R. 2638, making appropria- SA 2495. Mr. ISAKSON submitted an borders of the United States. tions for the Department of Homeland amendment intended to be proposed to (b) SENSE OF SENATE.—It is the sense of Security for the fiscal year ending Sep- amendment SA 2383 proposed by Mr. Senate that— tember 30, 2008, and for other purposes; BYRD (for himself and Mr. COCHRAN) to (1) the Federal Government should work to as follows: regain the trust of the people of the United the bill H.R. 2638, making appropria- On page 69, after line 24, add the following: tions for the Department of Homeland States in its ability of the Federal Govern- SEC. 536. PROHIBITION ON USE FUNDS FOR Security for the fiscal year ending Sep- ment to secure the international borders of the United States; RULEMAKING RELATED TO PETITIONS FOR tember 30, 2008, and for other purposes; (2) in order to restore the credibility of the ALIENS. as follows: Federal Government on this critical issue, None of the funds made available in this At the appropriate place, insert the fol- the Federal Government should prove its Act may be used by the Secretary of Home- lowing: ability to enforce immigration laws by tak- land Security or any delegate of the Sec- SEC. ll. SENSE OF SENATE ON IMMIGRATION. ing actions such as securing the border, stop- retary to issue any rule or regulation which (a) FINDINGS.—The Senate makes the fol- ping the flow of illegal immigrants and drugs implements the Notice of Proposed Rule- lowing findings: into the United States, and creating a tam- making related to Petitions for Aliens To (1) On June 28th, 2007, the Senate, by a vote per-proof biometric identification card for Perform Temporary Nonagricultural Serv- of 46 to 53, rejected a motion to invoke clo- foreign workers; and ices or Labor (H–2B) set out beginning on 70 ture on a bill to provide for comprehensive (3) the President should request emergency Federal Register 3984 (January 27, 2005). immigration reform. spending that fully funds— (2) Illegal immigration remains the top do- (A) existing interior and border security SA 2499. Mrs. MURRAY submitted an mestic issue in the United States. authorizations that have not been funded by amendment intended to be proposed to (3) The people of the United States con- Congress; and amendment SA 2383 proposed by Mr. tinue to feel the effects of a failed immigra- (B) the border and interior security initia- BYRD (for himself and Mr. COCHRAN) to tion system on a daily basis, and they have tives contained in the bill to provide for the bill H.R. 2638, making appropria- not forgotten that Congress and the Presi- comprehensive immigration reform and for dent have a duty to address the issue of ille- tions for the Department of Homeland other purposes (S. 1639) introduced in the Security for the fiscal year ending Sep- gal immigration and the security of the Senate on June 18, 2007. international borders of the United States. tember 30, 2008, and for other purposes; (4) People from across the United States SA 2496. Mr COCHRAN (for himself as follows: have shared with members of the Senate and Mr. BYRD) proposed an amendment On page 69, after line 24, insert the fol- their wide ranging and passionate opinions to amendment SA 2488 submitted by lowing: on how best to reform the immigration sys- Mr. VITTER (for himself and Ms. SEC. 536. (a) The amount appropriated by tem. STABENOW) to the amendment SA 2383 title II for necessary expenses for the U.S. (5) There is no consensus on an approach to proposed by Mr. BYRD (for himself and Customs and Border Protection for enforce- comprehensive immigration reform that ment of laws relating to border security, im- does not first secure the international bor- Mr. COCHRAN) to the bill H.R. 2638, making appropriations for the Depart- migration, customs, and agricultural inspec- ders of the United States. tions under the heading ‘‘SALARIES AND EX- (6) There is unanimity that the Federal ment of Homeland Security for the fiscal year ending September 30, 2008, and PENSES’’ is increased by $30,000,000 to procure Government has a responsibility to, and im- commercially available technology in order mediately should, secure the international for other purposes, as follows: to expand and improve the risk-based ap- borders of the United States. In lieu of the matter proposed to be in- proach of the Department of Homeland Secu- (7) Border security is an integral part of serted, insert the following: rity to target and inspect cargo containers national security. None of the funds made available in this under the Secure Freight Initiative and the Act for United States Customs and Border (8) The greatest obstacle the Federal Gov- Global Trade Exchange. Protection may be used to prevent an indi- ernment faces with respect to the people of (b) The amount appropriated by title IV the United States is a lack of trust that the vidual not in the business of importing a prescription drug (within the meaning of sec- under the heading ‘‘SYSTEMS ACQUISITION’’ is Federal Government will secure the inter- reduced by $30,000,000. national borders of the United States. tion 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription (9) This lack of trust is rooted in the past drug from Canada that complies with the failures of the Federal Government to uphold SA 2500. Mrs. BOXER submitted an Federal Food, Drug, and Cosmetic Act: Pro- and enforce immigration laws and the failure amendment intended to be proposed to vided, That this section shall apply only to amendment SA 2383 proposed by Mr. of the Federal Government to secure the individuals transporting on their person a BYRD (for himself and Mr. COCHRAN) to international borders of the United States. personal-use quantity of the prescription (10) Failure to uphold and enforce immi- drug, not to exceed a 90-day supply: Provided the bill H.R. 2638, making appropria- gration laws has eroded respect for those further, That the prescription drug may not tions for the Department of Homeland laws and eliminated the faith of the people of be— Security for the fiscal year ending Sep- the United States in the ability of their (1) a controlled substance, as defined in tember 30, 2008, and for other purposes; elected officials to responsibly administer section 102 of the Controlled Substances Act as follows: immigration programs. (21 U.S.C. 802); or (11) It is necessary to regain the trust of (2) a biological product, as defined in sec- At the appropriate place, insert the fol- the people of the United States in the com- tion 351 of the Public Health Service Act (42 lowing: petency of the Federal Government to en- U.S.C. 262). SEC. ll. ENSURING THE SAFETY OF AGRICUL- force immigration laws and manage the im- TURAL IMPORTS. SA 2497. Mr. BYRD submitted an migration system. (a) FINDINGS.—Congress makes the fol- (12) Securing the borders of the United amendment intended to be proposed to lowing findings: States would serve as a starting point to amendment SA 2383 proposed by Mr. (1) The Food and Drug Administration, as begin to address other issues surrounding BYRD (for himself and Mr. COCHRAN) to part of its responsibility to ensure the safety immigration reform on which there is not the bill H.R. 2638, making appropria- of agricultural and other imports, maintains consensus. tions for the Department of Homeland a presence at 91 of the 320 points of entry (13) Congress has not fully funded some in- Security for the fiscal year ending Sep- into the United States. terior and border security activities that it tember 30, 2008, and for other purposes; (2) United States Customs and Border Pro- has authorized. as follows: tection personnel are responsible for moni- (14) The President of the United States can On page 69, after line 24, insert the fol- toring imports and alerting the Food and initiate emergency spending by designating lowing: Drug Administration to suspicious material certain spending as ‘‘emergency spending’’ in SEC. ll. None of the funds made available entering the United States at the remaining a request to the Congress. in this Act may be used to destroy or put out 229 points of entry. (15) The lack of security on the inter- to pasture any horse or other equine belong- (b) REPORT.—The Commissioner of United national borders of the United States rises to ing to the Federal Government that has be- States Customs and Border Protection shall the level of an emergency. come unfit for service, unless the trainer or submit a report to Congress that describes (16) The Border Patrol are apprehending handler is first given the option to take pos- the training of United States Customs and some, but not all, individuals from countries session of the equine through an adoption Border Protection personnel to effectively that the Secretary of State has determined program that has safeguards against slaugh- assist the Food and Drug Administration in have repeatedly provided support for acts of ter and inhumane treatment. monitoring our Nation’s food supply.

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Ms. CANTWELL (for herself trate by an ammonium nitrate facility in ac- facility shall take reasonable actions to en- and Ms. SNOWE) submitted an amend- cordance with this subtitle to prevent the sure the protection of the information in- ment intended to be proposed to misappropriation or use of ammonium ni- cluded in such records. trate in an act of terrorism. ‘‘(f) EXEMPTION FOR EXPLOSIVE PURPOSES.— amendment SA 2383 proposed by Mr. ‘‘(b) AMMONIUM NITRATE MIXTURES.—Not The Secretary may exempt from this sub- BYRD (for himself and Mr. COCHRAN) to later than 90 days after the date of the enact- title a person producing, selling, or pur- the bill H.R. 2638, making appropria- ment of this subtitle, the Secretary, in con- chasing ammonium nitrate exclusively for tions for the Department of Homeland sultation with the heads of appropriate Fed- use in the production of an explosive under a Security for the fiscal year ending Sep- eral departments and agencies (including the license issued under chapter 40 of title 18, tember 30, 2008, and for other purposes; Secretary of Agriculture), shall, after notice United States Code. and an opportunity for comment, establish a ‘‘(g) CONSULTATION.—In carrying out this which was ordered to lie on the table; threshold percentage for ammonium nitrate section, the Secretary shall consult with the as follows: in a substance. Secretary of Agriculture, States, and appro- On page 22, beginning in line 15, strike ‘‘(c) REGISTRATION OF OWNERS OF AMMO- priate private sector entities, to ensure that ‘‘Provided,’’ and insert ‘‘Provided,’’ That no NIUM NITRATE FACILITIES.— the access of agricultural producers to am- funds shall be available for procurements re- ‘‘(1) REGISTRATION.—The Secretary shall monium nitrate is not unduly burdened. lated to the acquisition of additional major establish a process by which any person ‘‘(h) DATA CONFIDENTIALITY.— assets as part of the Integrated Deepwater that— ‘‘(1) IN GENERAL.—Notwithstanding section Systems program not already under contract ‘‘(A) owns an ammonium nitrate facility is 552 of title 5, United States Code, or the USA until an Alternatives Analysis has been com- required to register with the Department; PATRIOT ACT (Public Law 107–56; 115 Stat. pleted by an independent qualified third and 272), and except as provided in paragraph (2), party: Provided further, That no funds con- ‘‘(B) registers under subparagraph (A) is the Secretary may not disclose to any person tained in this Act shall be available for pro- issued a registration number for purposes of any information obtained under this sub- curement of the third National Security Cut- this subtitle. title. ter until an Alternatives Analysis has been ‘‘(2) REGISTRATION INFORMATION.—Any per- ‘‘(2) EXCEPTION.—The Secretary may dis- completed by an independent qualified third son applying to register under paragraph (1) close any information obtained by the Sec- party: Provided further’’,. shall submit to the Secretary— retary under this subtitle to— ‘‘(A) the name, address, and telephone ‘‘(A) an officer or employee of the United SA 2502. Mr. PRYOR (for himself, Mr. number of each ammonium nitrate facility States, or a person that has entered into a CRAIG, Mr. SCHUMER, Mr. CHAMBLISS, owned by that person; contract with the United States, who has a ‘‘(B) the name of the person designated by need to know the information to perform the Mr. ROBERTS, and Mr. HAGEL) sub- duties of the officer, employee, or person; or mitted an amendment intended to be that person as the point of contact for each such facility, for purposes of this subtitle; ‘‘(B) to a State agency under section 899D, proposed to amendment SA 2383 pro- and under appropriate arrangements to ensure posed by Mr. BYRD (for himself and Mr. ‘‘(C) such other information as the Sec- the protection of the information. COCHRAN) to the bill H.R. 2638, making retary may determine is appropriate. ‘‘(i) REGISTRATION PROCEDURES AND CHECK appropriations for the Department of ‘‘(d) REGISTRATION OF AMMONIUM NITRATE OF TERRORIST SCREENING DATABASE.— Homeland Security for the fiscal year PURCHASERS.— ‘‘(1) REGISTRATION PROCEDURES.— ending September 30, 2008, and for ‘‘(1) REGISTRATION.—The Secretary shall ‘‘(A) GENERALLY.—The Secretary shall establish procedures to efficiently receive ap- other purposes; as follows: establish a process by which any person that— plications for registration numbers under On page 30, line 14, strike ‘‘by title II’’ and ‘‘(A) intends to be an ammonium nitrate this subtitle, conduct the checks required all that follows through ‘‘2009.’’ on line 17 purchaser is required to register with the De- under paragraph (2), and promptly issue or and insert the following ‘‘by title II of the partment; and deny a registration number. Homeland Security Act of 2002 (6 U.S.C. 121 ‘‘(B) registers under subparagraph (A) is ‘‘(B) INITIAL SIX-MONTH REGISTRATION PE- et seq.) or subtitle J of title VIII of the issued a registration number for purposes of RIOD.—The Secretary shall take steps to Homeland Security Act of 2002, as added by this subtitle. maximize the number of registration appli- this Act, $527,099,000, of which $497,099,000 ‘‘(2) REGISTRATION INFORMATION.—Any per- cations that are submitted and processed shall remain available until September 30, son applying to register under paragraph (1) during the six-month period described in sec- 2009, and of which, $2,000,000 shall be to carry as an ammonium nitrate purchaser shall tion 899F(e). out subtitle J of title VIII of the Homeland submit to the Secretary— ‘‘(2) CHECK OF TERRORIST SCREENING DATA- Security Act of 2002, as added by this Act.’’. ‘‘(A) the name, address, and telephone BASE.— On page 69, after line 24, add the following: number of the applicant; and ‘‘(A) CHECK REQUIRED.—The Secretary shall SEC. 536. SECURE HANDLING OF AMMONIUM NI- ‘‘(B) the intended use of ammonium nitrate conduct a check of appropriate identifying TRATE. to be purchased by the applicant. information of any person seeking to reg- (a) IN GENERAL.—Title VIII of the Home- ‘‘(e) RECORDS.— ister with the Department under subsection land Security Act of 2002 (6 U.S.C. 361 et seq.) ‘‘(1) MAINTENANCE OF RECORDS.—The owner (c) or (d) against identifying information is amended by adding at the end the fol- of an ammonium nitrate facility shall— that appears in the terrorist screening data- lowing: ‘‘(A) maintain a record of each sale or base of the Department. transfer of ammonium nitrate, during the ‘‘(B) AUTHORITY TO DENY REGISTRATION ‘‘Subtitle J—Secure Handling of Ammonium two-year period beginning on the date of NUMBER.—If the identifying information of a Nitrate that sale or transfer; and person seeking to register with the Depart- ‘‘SEC. 899A. DEFINITIONS. ‘‘(B) include in such record the information ment under subsection (c) or (d) appears in ‘‘In this subtitle: described in paragraph (2). the terrorist screening database of the De- ‘‘(1) AMMONIUM NITRATE.—The term ‘ammo- ‘‘(2) SPECIFIC INFORMATION REQUIRED.—For partment, the Secretary may deny issuance nium nitrate’ means— each sale or transfer of ammonium nitrate, of a registration number under this subtitle. ‘‘(A) solid ammonium nitrate that is chief- the owner of an ammonium nitrate facility ‘‘(3) EXPEDITED REVIEW OF APPLICATIONS.— ly the ammonium salt of nitric acid and con- shall— ‘‘(A) IN GENERAL.—Following the six-month tains not less than 33 percent nitrogen by ‘‘(A) record the name, address, telephone period described in section 899F(e), the Sec- weight; and number, and registration number issued retary shall, to the extent practicable, issue ‘‘(B) any mixture containing a percentage under subsection (c) or (d) of each person or deny registration numbers under this sub- of ammonium nitrate that is equal to or that takes possession of ammonium nitrate, title not later than 72 hours after the time greater than the percentage determined by in a manner prescribed by the Secretary; the Secretary receives a complete registra- the Secretary under section 899B(b). ‘‘(B) if applicable, record the name, ad- tion application, unless the Secretary deter- ‘‘(2) AMMONIUM NITRATE FACILITY.—The dress, and telephone number of each indi- mines, in the interest of national security, term ‘ammonium nitrate facility’ means any vidual who takes possession of the ammo- that additional time is necessary to review entity that produces, sells or otherwise nium nitrate on behalf of the person dean application. transfers ownership of, or provides applica- scribed in subparagraph (A), at the point of ‘‘(B) NOTICE OF APPLICATION STATUS.—In all tion services for ammonium nitrate. sale; cases, the Secretary shall notify a person ‘‘(3) AMMONIUM NITRATE PURCHASER.—The ‘‘(C) record the date and quantity of am- seeking to register with the Department term ‘ammonium nitrate purchaser’ means monium nitrate sold or transferred; and under subsection (c) or (d) of the status of any person who buys and takes possession of ‘‘(D) verify the identity of the persons de- the application of that person not later than ammonium nitrate from an ammonium ni- scribed in subparagraphs (A) and (B), as ap- 72 hours after the time the Secretary re- trate facility. plicable, in accordance with a procedure es- ceives a complete registration application. ‘‘SEC. 899B. REGULATION OF THE SALE AND tablished by the Secretary. ‘‘(4) EXPEDITED APPEALS PROCESS.— TRANSFER OF AMMONIUM NITRATE. ‘‘(3) PROTECTION OF INFORMATION.—In main- ‘‘(A) REQUIREMENT.— ‘‘(a) IN GENERAL.—The Secretary shall reg- taining records in accordance with para- ‘‘(i) APPEALS PROCESS.—The Secretary ulate the sale and transfer of ammonium ni- graph (1), the owner of an ammonium nitrate shall establish an expedited appeals process

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for persons denied a registration number ‘‘(b) DELEGATION.— agent of a person registered under subsection under this subtitle. ‘‘(1) AUTHORITY.—The Secretary may dele- (c) or (d) of that section. ‘‘(ii) TIME PERIOD FOR RESOLUTION.—The gate to a State the authority to assist the ‘‘(3) OTHER PROHIBITIONS.—No person Secretary shall, to the extent practicable, Secretary in the administration and enforce- shall— resolve appeals not later than 72 hours after ment of this subtitle. ‘‘(A) buy and take possession of ammonium receiving a complete request for appeal un- ‘‘(2) DELEGATION REQUIRED.—At the request nitrate without a registration number re- less the Secretary determines, in the inter- of a Governor of a State, the Secretary shall quired under subsection (c) or (d) of section est of national security, that additional time delegate to that State the authority to carry 899B; is necessary to resolve an appeal. out functions under sections 899B and 899C, if ‘‘(B) own or operate an ammonium nitrate ‘‘(B) CONSULTATION.—The Secretary, in de- the Secretary determines that the State is facility without a registration number re- veloping the appeals process under subpara- capable of satisfactorily carrying out such quired under section 899B(c); or graph (A), shall consult with appropriate functions. ‘‘(C) fail to comply with any requirement stakeholders. ‘‘(3) FUNDING.—Subject to the availability or violate any other prohibition under this ‘‘(C) GUIDANCE.—The Secretary shall proof appropriations, if the Secretary delegates subtitle. vide guidance regarding the procedures and functions to a State under this subsection, ‘‘(b) CIVIL PENALTY.—A person that vio- information required for an appeal under the Secretary shall provide to that State suf- lates this subtitle may be assessed a civil subparagraph (A) to any person denied a reg- ficient funds to carry out the delegated func- penalty by the Secretary of not more than istration number under this subtitle. tions. $50,000 per violation. ‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE ‘‘(c) PROVISION OF GUIDANCE AND NOTIFICA- ‘‘(c) PENALTY CONSIDERATIONS.—In deter- OF INFORMATION.— TION MATERIALS TO AMMONIUM NITRATE FA- mining the amount of a civil penalty under ‘‘(A) IN GENERAL.—Any information consti- CILITIES.— this section, the Secretary shall consider— tuting grounds for denial of a registration ‘‘(1) GUIDANCE.—The Secretary shall make ‘‘(1) the nature and circumstances of the number under this section shall be main- available to each owner of an ammonium ni- violation; tained confidentially by the Secretary and trate facility registered under section ‘‘(2) with respect to the person who com- may be used only for making determinations 899B(c)(1) guidance on— mits the violation, any history of prior vio- under this section. ‘‘(A) the identification of suspicious am- lations, the ability to pay the penalty, and ‘‘(B) SHARING OF INFORMATION.—Notwith- monium nitrate purchases or transfers or at- any effect the penalty is likely to have on standing any other provision of this subtitle, tempted purchases or transfers; the ability of such person to do business; and the Secretary may share any such informa- ‘‘(B) the appropriate course of action to be ‘‘(3) any other matter that the Secretary tion with Federal, State, local, and tribal taken by the ammonium nitrate facility determines that justice requires. law enforcement agencies, as appropriate. owner with respect to such a purchase or ‘‘(d) NOTICE AND OPPORTUNITY FOR A HEAR- ING.—No civil penalty may be assessed under ‘‘(6) REGISTRATION INFORMATION.— transfer or attempted purchase or transfer, this subtitle unless the person liable for the ‘‘(A) AUTHORITY TO REQUIRE INFORMATION.— including— The Secretary may require a person applying ‘‘(i) exercising the right of the owner of the penalty has been given notice and an oppor- for a registration number under this subtitle ammonium nitrate facility to decline sale of tunity for a hearing on the violation for to submit such information as may be nec- ammonium nitrate; and which the penalty is to be assessed in the county, parish, or incorporated city of resi- essary to carry out the requirements of this ‘‘(ii) notifying appropriate law enforce- dence of that person. section. ment entities; and ‘‘(e) DELAY IN APPLICATION OF PROHIBI- ‘‘(B) REQUIREMENT TO UPDATE INFORMA- ‘‘(C) additional subjects determined appro- TION.—Paragraphs (1) and (2) of subsection priate by to prevent the misappropriation or TION.—The Secretary may require persons (a) shall apply on and after the date that is use of ammonium nitrate in an act of ter- issued a registration under this subtitle to 6 months after the date that the Secretary rorism. update registration information submitted issues of a final rule implementing this sub- SE OF MATERIALS AND PROGRAMS.—In to the Secretary under this subtitle, as ap- ‘‘(2) U title. propriate. providing guidance under this subsection, ‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY. ‘‘(7) RE-CHECKS AGAINST TERRORIST SCREEN- the Secretary shall, to the extent prac- ‘‘(a) IN GENERAL.—Notwithstanding any ticable, leverage any relevant materials and ING DATABASE.— other provision of law, an owner of an ammo- programs. ‘‘(A) RE-CHECKS.—The Secretary shall, as nium nitrate facility that in good faith re- ‘‘(3) NOTIFICATION MATERIALS.— appropriate, recheck persons provided a reg- fuses to sell or transfer ammonium nitrate ‘‘(A) IN GENERAL.—The Secretary shall istration number pursuant to this subtitle to any person, or that in good faith discloses make available materials suitable for post- against the terrorist screening database of to the Department or to appropriate law ening at locations where ammonium nitrate is the Department, and may revoke such reg- forcement authorities an actual or at- sold. istration number if the Secretary determines tempted purchase or transfer of ammonium ‘‘(B) DESIGN OF MATERIALS.—Materials such person may pose a threat to national nitrate, based upon a reasonable belief that made available under subparagraph (A) shall security. the person seeking purchase or transfer of be designed to notify prospective ammonium ‘‘(B) NOTICE OF REVOCATION.—The Sec- ammonium nitrate may use the ammonium nitrate purchasers of— retary shall, as appropriate, provide prior nitrate to create an explosive device to be ‘‘(i) the record-keeping requirements under notice to a person whose registration num- employed in an act of terrorism (as defined section 899B; and ber is revoked under this section and such in section 3077 of title 18, United States ‘‘(ii) the penalties for violating such re- person shall have an opportunity to appeal, Code), or to use ammonium nitrate for any quirements. as provided in paragraph (4). other unlawful purpose, shall not be liable in ‘‘SEC. 899C. INSPECTION AND AUDITING OF ‘‘SEC. 899E. THEFT REPORTING REQUIREMENT. any civil action relating to that refusal to RECORDS. ‘‘Any person who is required to comply sell ammonium nitrate or that disclosure. ‘‘The Secretary shall establish a process with section 899B(e) who has knowledge of ‘‘(b) REASONABLE BELIEF.—A reasonable be- for the periodic inspection and auditing of the theft or unexplained loss of ammonium lief that a person may use ammonium ni- the records maintained by owners of ammo- nitrate shall report such theft or loss to the trate to create an explosive device to be em- nium nitrate facilities for the purpose of appropriate Federal law enforcement au- ployed in an act of terrorism under sub- monitoring compliance with this subtitle or thorities not later than 1 calendar day of the section (a) may not solely be based on the for the purpose of deterring or preventing date on which the person becomes aware of race, sex, national origin, creed, religion, the misappropriation or use of ammonium such theft or loss. Upon receipt of such re- status as a veteran, or status as a member of nitrate in an act of terrorism. port, the relevant Federal authorities shall the Armed Forces of the United States of ‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS. inform State, local, and tribal law enforce- that person. ‘‘(a) COOPERATIVE AGREEMENTS.—The Sec- ment entities, as appropriate. ‘‘SEC. 899H. PREEMPTION OF OTHER LAWS. retary— ‘‘SEC. 899F. PROHIBITIONS AND PENALTY. ‘‘(a) OTHER FEDERAL REGULATIONS.—Except ‘‘(1) may enter into a cooperative agree- ‘‘(a) PROHIBITIONS.— as provided in section 899G, nothing in this ment with the Secretary of Agriculture, or ‘‘(1) TAKING POSSESSION.—No person shall subtitle affects any regulation issued by any the head of any State department of agri- take possession of ammonium nitrate from agency other than an agency of the Depart- culture or its designee involved in agricul- an ammonium nitrate facility unless such ment. tural regulation, in consultation with the person is registered under subsection (c) or ‘‘(b) STATE LAW.—Subject to section 899G, State agency responsible for homeland secu- (d) of section 899B, or is an agent of a person this subtitle preempts the laws of any State rity, to carry out the provisions of this sub- registered under subsection (c) or (d) of that to the extent that such laws are inconsistent title; and section. with this subtitle, except that this subtitle ‘‘(2) wherever possible, shall seek to co- ‘‘(2) TRANSFERRING POSSESSION.—An owner shall not preempt any State law that pro- operate with State agencies or their des- of an ammonium nitrate facility shall not vides additional protection against the ac- ignees that oversee ammonium nitrate facil- transfer possession of ammonium nitrate quisition of ammonium nitrate by terrorists ity operations when seeking cooperative from the ammonium nitrate facility to any or the use of ammonium nitrate in explo- agreements to implement the registration person who is not registered under sub- sives in acts of terrorism or for other illicit and enforcement provisions of this subtitle. section (c) or (d) of section 899B, or is not an purposes, as determined by the Secretary.

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‘‘SEC. 899I. DEADLINES FOR REGULATIONS. missioner of Social Security shall begin to (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘The Secretary— administer and issue fraud-resistant, tam- There are authorized to be appropriated such ‘‘(1) shall issue a proposed rule imple- per-resistant, and wear-resistant social secu- sums as may be necessary to carry out this menting this subtitle not later than 6 rity cards displaying a photograph. section and the amendments made by this months after the date of the enactment of (2) INTERIM.—Not later than the first day section. this subtitle; and of the seventh fiscal year in which amounts ‘‘(2) issue a final rule implementing this are appropriated pursuant to the authoriza- SA 2504. Mr. LEVIN (for himself, Mr. subtitle not later than 1 year after such date tion of appropriations in subsection (f), the TESTER, Ms. STABENOW, and Mr. DOR- of enactment. Commissioner of Social Security shall issue GAN) submitted an amendment in- ‘‘SEC. 899J. AUTHORIZATION OF APPROPRIA- only fraud-resistant, tamper-resistant, and TIONS. wear-resistant social security cards dis- tended to be proposed to amendment ‘‘There are authorized to be appropriated playing a photograph. SA 2383 proposed by Mr. BYRD (for him- to the Secretary— (3) COMPLETION.—Not later than the first self and Mr. COCHRAN) to the bill H.R. ‘‘(1) $2,000,000 for fiscal year 2008; and day of the tenth fiscal year in which 2638, making appropriations for the De- ‘‘(2) $10,750,000 for each of fiscal years 2009 amounts are appropriated pursuant to the partment of Homeland Security for the through 2012.’’. authorization of appropriations in subsection fiscal year ending September 30, 2008, (b) CLERICAL AMENDMENT.—The table of (f), all social security cards that are not and for other purposes; as follows: contents in section 1(b) of such Act is fraud-resistant, tamper-resistant, and wear- amended by inserting after the item relating resistant shall be invalid for establishing At the appropriate place, insert the fol- to section 899 the following: employment authorization for any indi- lowing: ‘‘Subtitle J—Secure Handling of Ammonium vidual 16 years of age or older. SEC. ll. SENSE OF CONGRESS. Nitrate (4) EXEMPTION.—Nothing in this section It is the sense of Congress that sufficient ‘‘Sec. 899A. Definitions. shall require an individual under the age of funds should be appropriated to allow the ‘‘Sec. 899B. Regulation of the sale and trans- 16 years to be issued or to present for any Secretary to increase the number of per- fer of ammonium nitrate. purpose a social security card described in sonnel of United States Customs and Border ‘‘Sec. 899C. Inspection and auditing of this subsection. Nothing in this section shall Protection protecting the northern border by records. prohibit the Commissioner of Social Secu- 1,517 officers and 788 agents, as authorized ‘‘Sec. 899D. Administrative provisions. rity from issuing a social security card not by— ‘‘Sec. 899E. Theft reporting requirement. meeting the requirements of this subsection (1) section 402 of the Uniting and ‘‘Sec. 899F. Prohibitions and penalty. to an individual under the age of 16 years Strengthening America by Providing Appro- ‘‘Sec. 899G. Protection from civil liability. who otherwise meets the eligibility require- priate Tools Required to Intercept and Ob- ‘‘Sec. 899H. Preemption of other laws. ments for a social security card. struct Terrorism (USA PATRIOT ACT) Act ‘‘Sec. 899I. Deadlines for regulations. (d) DUTIES OF THE SOCIAL SECURITY ADMIN- of 2001 (Public Law 107–56); ‘‘Sec. 899J. Authorization of appropria- ISTRATION.—The Commissioner of Social Se- (2) section 331 of the Trade Act of 2002 tions.’’. curity— (Public Law 107–210); and (1) shall issue a social security card to an (3) section 5202 of the Intelligence Re- SA 2503. Mr. MARTINEZ (for himself, individual at the time of the issuance of a so- form and Terrorism Prevention Act of 2004 Mr. KYL, and Mr. GRAHAM) submitted cial security account number to such indi- (Public Law 108–458). an amendment intended to be proposed vidual, which card shall— to amendment SA 2383 proposed by Mr. (A) contain such security and identifica- SA 2505. Mr. DORGAN (for himself, tion features as determined by the Secretary BYRD (for himself and Mr. COCHRAN) to Mr. CONRAD, and Mr. BYRD) proposed the bill H.R. 2638, making appropria- of Homeland Security, in consultation with the Commissioner; and an amendment to amendment SA 2468 tions for the Department of Homeland (B) be fraud-resistant, tamper-resistant, proposed by Ms. LANDRIEU to the Security for the fiscal year ending Sep- and wear-resistant; amendment SA 2383 proposed by Mr. tember 30, 2008, and for other purposes; (2) shall, in consultation with the Sec- BYRD (for himself and Mr. COCHRAN) to as follows: retary of Homeland Security, issue regula- the bill H.R. 2638, making appropria- On page 69, after line 24, add the following: tions specifying such particular security and tions for the Department of Homeland SEC. 536. (a) USE OF BIOMETRIC SOCIAL SE- identification features, renewal require- Security for the fiscal year ending Sep- CURITY CARDS TO ESTABLISH EMPLOYMENT ments (including updated photographs), and tember 30, 2008, and for other purposes; standards for the social security card as nec- AUTHORIZATION AND IDENTITY.—Section as follows: 274A(b)(1)(B) of the Immigration and Nation- essary to be acceptable for purposes of estab- ality Act (8 U.S.C. 1324a(b)(1)(B)) is amend- lishing identity and employment authoriza- At the end of the amendment, add the ed— tion under the immigration laws of the following: (1) in clause (ii)(III), by striking ‘‘use.’’ and United States; and SEC. 536. (a) ENHANCED REWARD FOR CAP- inserting ‘‘use; or’’; and (3) may not issue a replacement social se- TURE OF OSAMA BIN LADEN.—Section 36(e)(1) (2) by adding at the end the following: curity card to any individual unless the of the State Department Basic Authorities ‘‘(iii) social security card (other than a Commissioner determines that the purpose Act of 1956 (22 U.S.C. 2708(e)(1)) is amended card that specifies on its face that the card for requiring the issuance of the replacement by adding at the end the following new sen- is not valid for establishing employment au- document is legitimate. tence: ‘‘The Secretary shall authorize a re- thorization in the United States) that bears (e) REPORTING REQUIREMENTS.— ward of $50,000,000 for the capture or killing, a photograph and meets the standards estab- (1) REPORT ON THE USE OF IDENTIFICATION or information leading to the capture or lished under section 536(c) of the Department DOCUMENTS.—Not later than the first day of death, of Osama bin Laden.’’. of Homeland Security Appropriations Act, the tenth fiscal year in which amounts are (b) STATUS OF EFFORTS TO BRING OSAMA 2008, upon the recommendation of the Sec- appropriated pursuant to the authorization BIN LADEN AND OTHER LEADERS OF AL QAEDA retary of Homeland Security, in consultation of appropriations in subsection (f), the Sec- TO JUSTICE.— with the Commissioner of Social Security, retary of Homeland Security shall submit to (1) REPORTS REQUIRED.—Not later than 90 pursuant to section 536(e)(1) of such Act.’’. Congress a report recommending which docu- days after the date of the enactment of this (b) ACCESS TO SOCIAL SECURITY CARD IN- ments, if any, among those described in sec- Act, and every 90 days thereafter, the Sec- FORMATION.—Section 205(c)(2) of the Social tion 274A(b)(1)(B) of the Immigration and Na- retary of State and the Secretary of Defense Security Act (42 U.S.C. 405(c)(2)) is amended tionality Act (8 U.S.C. 1324a(b)(1)(B)), should shall, in coordination with the Director of by adding at the end the following: continue to be used to establish identity and National Intelligence, jointly submit to Con- ‘‘(I) As part of the employment eligibility employment authorization in the United gress a report on the progress made in bring- verification system established under sec- States. ing Osama bin Laden and other leaders of al tion 274A of the Immigration and Nation- (2) REPORT ON IMPLEMENTATION.—Not later Qaeda to justice. ality Act (8 U.S.C. 1324a), the Commissioner than 12 months after the date on which the (2) ELEMENTS.—Each report under para- of Social Security shall provide to the Sec- Commissioner begins to administer and issue graph (1) shall include, current as of the date retary of Homeland Security access to any fraud-resistant, tamper-resistant, and wear- of such report, the following: photograph, other feature, or information in- resistant cards under subsection (c)(1) of this (A) An assessment of the likely current cluded in the social security card.’’. section, and annually thereafter, the Com- location of terrorist leaders, including (c) FRAUD-RESISTANT, TAMPER-RESISTANT, missioner shall submit to Congress a report Osama bin Laden, Ayman al-Zawahiri, and AND WEAR-RESISTANT SOCIAL SECURITY on the implementation of this section. The other key leaders of al Qaeda. CARDS.— report shall include analyses of the amounts (B) A description of ongoing efforts to (1) ISSUANCE.—Not later than first day of needed to be appropriated to implement this bring to justice such terrorist leaders, par- the second fiscal year in which amounts are section, and of any measures taken to pro- ticularly those who have been directly impli- appropriated pursuant to the authorization tect the privacy of individuals who hold so- cated in attacks in the United States and its of appropriations in subsection (f), the Com- cial security cards described in this section. embassies.

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Emergency Management Agency for col- currently being made to improve the co- (3) In making the assessment required by lecting, reporting, and responding to health operation of the governments described in paragraph (2)(C), the Administrator may and safety concerns of occupants of housing subparagraph (C). make use of unannounced interviews or supplied by the Federal Emergency Manage- (E) A description of the current status of other reasonable and effective methods to ment Agency (including such housing sup- the top leadership of al Qaeda and the strat- test employees of air carriers and foreign air plied through a third party), and whether the egy for locating them and bringing them to carriers responsible for registering law en- Federal Emergency Management Agency justice. forcement officers, firefighters, and emer- adequately addressed public health and safe- (F) An assessment of whether al Qaeda gency medical technicians as part of the pro- ty issues of households to which the Federal remains the terrorist organization that poses gram. Emergency Management Agency provides the greatest threat to United States inter- (4)(A) Not later than 60 days after the com- disaster housing (including whether the Fed- ests, including the greatest threat to the ter- pletion of the study required by paragraph eral Emergency Management Agency ade- ritorial United States. (1), the Administrator shall submit to Con- quately notified recipients of such housing, (3) FORM OF REPORT.—Each report sub- gress a report on the findings of such study. as appropriate, of potential health and safety mitted to Congress under paragraph (1) shall (B) The Administrator shall make such re- concerns and whether the institutional cul- be submitted in a classified form, and shall port available to the public by Internet web ture of the Federal Emergency Management be accompanied by a report in unclassified site or other appropriate method. Agency properly prioritizes health and safe- form that redacts the classified information (b) PUBLICATION OF REPORT PREVIOUSLY ty concerns of recipients of assistance from in the report. SUBMITTED.—The Administrator shall make the Federal Emergency Management Agen- available to the public on the Internet web cy), and submit a report to Congress relating SA 2506. Mr. NELSON of Nebraska site of the Transportation Security Adminis- to that investigation, including any rec- (for himself and Mr. LEAHY) submitted tration or the Department of Homeland Se- ommendations’’. an amendment intended to be proposed curity the report required by section 554(b) On page 35, line 15, before the period, insert of the Department of Homeland Security Ap- to amendment SA 2383 proposed by Mr. the following: ‘‘: Provided further, That not propriations Act, 2007 (Public Law 109–295). later than 30 days after the date of enact- BYRD (for himself and Mr. COCHRAN) to (c) MECHANISM FOR REPORTING PROBLEMS.— ment of this Act, the Administrator of the the bill H.R. 2638, making appropria- The Administrator shall develop a mecha- Federal Emergency Management Agency nism on the Internet web site of the Trans- tions for the Department of Homeland shall, as appropriate, update training prac- portation Security Administration or the Security for the fiscal year ending Sep- tices for all customer service employees, em- Department of Homeland Security by which tember 30, 2008, and for other purposes; ployees in the Office of General Counsel, and first responders may report problems with or which was ordered to lie on the table; other appropriate employees of the Federal barriers to volunteering in the program. as follows: Emergency Management Agency relating to Such mechanism shall also provide informa- addressing health concerns of recipients of On page 35, line 24, strike ‘‘to be allocated’’ tion on how to submit comments related to assistance from the Federal Emergency Man- and all that follows through ‘‘3714)’’ on line volunteering in the program. agement Agency’’. 26 and insert the following: ‘‘of which, each (d) AIR CARRIER AND FOREIGN AIR CARRIER State shall be allocated not less than 0.75 DEFINED.—In this section, the terms ‘‘air On page 40, line 24, before the period, insert percent of the total amount appropriated in carrier’’ and ‘‘foreign air carrier’’ have the the following: ‘‘: Provided further, That not this paragraph, except that the Virgin Is- meaning given such terms in section 40102 of later than 15 days after the date of enact- lands, America Samoa, Guam, and the title 49, United States Code. ment of this Act, the Administrator of the Northern Mariana Islands each shall be allo- Federal Emergency Management Agency cated not less than 0.25 percent of the total SA 2508. Mr. LIEBERMAN (for her- shall submit to the Committee on Appropria- amount appropriated in this paragraph’’. self, Ms. COLLINS, and Mr. CARPER) sub- tions and the Committee on Homeland Secu- mitted an amendment intended to be rity and Governmental Affairs of the Senate SA 2507. Mr. FEINGOLD submitted a report detailing the actions taken as of proposed to amendment SA 2383 pro- an amendment intended to be proposed that date, and any actions the Administrator posed by Mr. BYRD (for himself and Mr. to amendment SA 2383 proposed by Mr. will take, regarding the response of the Fed- COCHRAN) to the bill H.R. 2638, making BYRD (for himself and Mr. COCHRAN) to eral Emergency Management Agency to con- appropriations for the Department of the bill H.R. 2638, making appropria- cerns over formaldehyde exposure, which Homeland Security for the fiscal year shall include a description of any discipli- tions for the Department of Homeland ending September 30, 2008, and for nary or other personnel actions taken, a de- Security for the fiscal year ending Sep- other purposes; as follows: tailed policy for responding to any reports of tember 30, 2008, and for other purposes; potential health hazards posed by any mate- On page 35, line 15, strike ‘‘costs.’’ and in- as follows: rials provided by the Federal Emergency sert the following: ‘‘costs: Provided further, Management Agency (including housing, On page 69, between after line 24, add the That of the total amount made available food, water, or other materials), and a de- following: under this heading, $1,000,000 shall be to description of any additional resources needed SEC. 536. (a) STUDY ON IMPLEMENTATION OF velop a web-based version of the National to implement such policy: Provided further, VOLUNTARY PROVISION OF EMERGENCY SERV- Fire Incident Reporting System that will en- That the Administrator of the Federal Emer- ICES PROGRAM.—(1) Not later than 180 days sure that fire-related data can be submitted gency Management Agency, in conjunction after the date of the enactment of this Act, and accessed by fire departments in real with the head of the Office of Health Affairs the Administrator of the Transportation Se- time.’’. curity Administration shall conduct a study of the Department of Homeland Security, on the implementation of the voluntary pro- On page 5, line 3, strike ‘‘expenses.’’ and in- the Director of the Centers for Disease Con- vision of emergency services program estab- sert the following: ‘‘expenses: Provided, That trol and Prevention, and the Administrator lished pursuant to section 44944(a) of title 49, the Director of Operations Coordination of the Environmental Protection Agency, United States Code (referred to in this sec- shall encourage rotating State and local fire shall design a program to scientifically test tion as the ‘‘program’’). service representation at the National Oper- a representative sample of travel trailers (2) As part of the study required by para- ations Center.’’. and mobile homes provided by the Federal graph (1), the Administrator shall assess the Emergency Management Agency, and sur- following: SA 2509. Mrs. MCCASKILL (for her- plus travel trailers and mobile homes to be (A) Whether training protocols established self, Mr. OBAMA, Mr. PRYOR, Ms. sold or transferred by the Federal govern- by air carriers and foreign air carriers in- LANDRIEU, Mr. LIEBERMAN, and Mr. ment on or after the date of enactment of clude training pertinent to the program and KERRY) submitted an amendment in- this Act, for formaldehyde and, not later whether such training is effective for pur- tended to be proposed to amendment than 15 days after the date of enactment of poses of the program. SA 2383 proposed by Mr. BYRD (for him- this Act, submit to the Committee on Appro- (B) Whether employees of air carriers and self and Mr. COCHRAN) to the bill H.R. priations and the Committee on Homeland foreign air carriers responsible for imple- 2638, making appropriations for the De- Security and Governmental Affairs of the menting the program are familiar with the Senate a report regarding the program de- provisions of the program. partment of Homeland Security for the signed, including a description of the design (C) The degree to which the program has fiscal year ending September 30, 2008, of the testing program and the quantity of been implemented in airports. and for other purposes; as follows: and conditions under which trailers and mo- (D) Whether a helpline or other similar On page 5, line 20, before the period, insert bile homes shall be tested and the justifica- mechanism of assistance provided by an air the following: ‘‘: Provided, That the Inspector tion for such design of the testing: Provided

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further, That in order to protect the health SEC. ll. IMPROVEMENTS TO THE EMPLOYMENT (d) RULEMAKING.—The Secretary is author- and safety of disaster victims, the testing ELIGIBILITY VERIFICATION BASIC ized, with notice to the public provided in program designed under the previous proviso PILOT PROGRAM. the Federal Register, to issue regulations shall provide for initial short-term testing, (a) IN GENERAL.—The Secretary of Home- concerning operational and technical aspects and longer-term testing, as required: Pro- land Security shall improve the basic pilot of the basic pilot program and the efficiency, vided further, That not later than 45 days program described in section 403(a) of the Il- accuracy, and security of such program. after the date of enactment of this Act, the legal Immigration Reform and Immigrant (e) FUNDING.—Of the amounts appropriated Administrator of the Federal Emergency Responsibility Act of 1996 (8 U.S.C. 1324a for border security under section 1003, Management Agency, in conjunction with note) to— $60,000,000 shall be used to carry out this sec- the head of the Office of Health Affairs of the (1) respond to inquiries made by partici- tion, including the expansion and base oper- Department of Homeland Security, the Di- pating employers through the Internet to ations of the Employment Eligibility rector of the Centers for Disease Control and help confirm an individual’s identity and de- Verification Basic Pilot Program. Prevention, and the Administrator of the termine whether the individual is authorized Environmental Protection Agency, shall, at to be employed in the United States; SA 2511. Mr. KYL submitted an a minimum, complete the initial short-term (2) maximize the reliability and ease of use amendment intended to be proposed by testing described in the previous proviso: of the basic pilot program by employers, him to the bill H.R. 2638, making ap- Provided further, That, to the extent feasible, while insulating and protecting the privacy propriations for the Department of and security of the underlying information; the Administrator of the Federal Emergency Homeland Security for the fiscal year Management Agency shall use a qualified (3) respond accurately to all inquiries made by employers on whether individuals ending September 30, 2008, and for contractor residing or doing business pri- other purposes; which was ordered to marily in the Gulf Coast Area to carry out are authorized to be employed in the United the testing program designed under this States; lie on the table; as follows: heading: Provided further, That, not later (4) maintain appropriate administrative, At the appropriate place, insert the fol- than 30 days after the date that the Adminis- technical, and physical safeguards to prevent lowing: trator of the Federal Emergency Manage- unauthorized disclosure of personal informa- SEC.—. OPERATION JUMP START. ment Agency completes the short-term test- tion; and (a) ADDITIONAL AMOUNT FOR OPERATION AND ing under this heading, the Administrator of (5) allow for auditing the use of the system MAINTENANCE, DEFENSE-WIDE ACTIVITIES.— the Federal Emergency Management Agen- to detect fraud and identify theft, and to pre- The amount authorized to be appropriated cy, in conjunction with the head of the Office serve the security of the information col- for operation and maintenance for Defense- of Health Affairs of the Department of lected through the basic pilot program, in- wide activities is hereby increased by Homeland Security, the Director of the Cen- cluding— $400,000,000 for the Department of Defense. ters for Disease Control and Prevention, and (A) the development and use of algorithms (b) AVAILABILITY OF AMOUNT.— (1) IN GENERAL.—Of the amount authorized the Administrator of the Environmental to detect potential identity theft, such as to be appropriated for operation and mainte- Protection Agency, shall submit to the Com- multiple uses of the same identifying infor- nance for Defense-wide activities, as in- mittee on Appropriations and the Committee mation or documents; creased by subsection (a), $400,000,000 shall be on Homeland Security and Governmental Af- (B) the development and use of algorithms available for Operation Jump Start in order fairs of the Senate a report describing the re- to detect misuse of the system by employers to maintain a significant durational force of sults of the testing, analyzing such results, and employees; and National Guard on the southern land border providing an assessment of whether there are (C) the development of capabilities to de- of the United States to assist the United any health risks associated with the results tect anomalies in the use of the basic pilot States Border Patrol in gaining operational and the nature of any such health risks, and program that may indicate potential fraud control of that border. detailing the plans of the Administrator of or misuse of the program. (b) COORDINATION WITH STATE GOVERN- (2) SUPPLEMENT NOT SUPPLANT.—The the Federal Emergency Management Agency MENTS.—If use of an employer verification amount available under paragraph (1) for the to act on the results of the testing, including system is mandated by State or local law, purpose specified in that paragraph is in ad- any need to relocate individuals living in the the Secretary of Homeland Security, in condition to any other amounts available in this trailers or mobile homes provided by the sultation with appropriate State and local Act for that purpose. Federal Emergency Management Agency or officials, shall— otherwise assist individuals affected by the (1) ensure that State and local programs SA 2512. Mrs. DOLE submitted an results, plans for the sale or transfer of any have sufficient access to the Federal Govern- amendment intended to be proposed by trailers or mobile homes (which shall be ment’s Employment Eligibility Verification made in coordination with the Adminis- her to the bill H.R. 2638, making appro- System and ensure that such system has suf- priations for the Department of Home- trator of General Services), and plans to con- ficient capacity to— duct further testing: Provided further, That land Security for the fiscal year ending (A) register employers in States with em- September 30, 2008, and for other pur- after completing longer-term testing under ployer verification requirements; this heading, the Administrator of the Fed- (B) respond to inquiries by employers; and poses; which was ordered to lie on the eral Emergency Management Agency, in (C) enter into memoranda of understanding table; as follows: conjunction with the head of the Office of with States to ensure responses to subpara- On page 16, line 17, insert ‘‘Provided further, Health Affairs of the Department of Home- graphs (A) and (B); and That of the total amount provided under this land Security, the Director of the Centers for (2) develop policies and procedures to en- heading, at least $236,843,596 shall be used to Disease Control and Prevention, and the Ad- sure protection of the privacy and security increase, to the maximum extent possible, ministrator of the Environmental Protection of personally identifiable information and the number of detention beds available to ac- Agency, shall submit to the Committee on identifiers contained in the basic pilot pro- commodate aliens detained by the United Appropriations and the Committee on Home- gram, including appropriate privacy and se- States Border Patrol, and in acquiring such land Security and Governmental Affairs of curity training for State employees. detention beds, the Secretary of Homeland the Senate a report describing the results of (c) RESPONSIBILITIES OF THE SOCIAL SECU- Security shall consider the use of appro- the testing, analyzing such results, providing RITY ADMINISTRATION.—In order to prevent priate portions of military installations ap- an assessment of whether any health risks identity theft, protect employees, and reduce proved for closure or realignment under the are associated with the results and the na- the burden on employers, the Commissioner Defense Base Closure and Realignment Act ture of any such health risks, incorporating of Social Security, in consultation with the of 1990 (10 U.S.C. 2687 note).’’. any additional relevant information from Secretary of Homeland Security, shall— the shorter-term testing completed under (1) review the Social Security Administra- SA 2513. Mr. LIEBERMAN submitted this heading, and detailing the plans and rection databases and information technology an amendment intended to be proposed ommendations of the Administrator of the to identify any deficiencies and discrep- to amendment SA 2383 proposed by Mr. Federal Emergency Management Agency to ancies related to name, birth date, citizen- act on the results of the testing. BYRD (for himself and Mr. COCHRAN) to ship status, or death records of the social se- the bill H.R. 2638, making appropria- curity accounts and social security account SA 2510. Mr. KYL submitted an holders that are likely to contribute to tions for the Department of Homeland amendment intended to be proposed by fraudulent use of documents, identity theft, Security for the fiscal year ending Sep- him to the bill H.R. 2638, making ap- or affect the proper functioning of the basic tember 30, 2008, and for other purposes; propriations for the Department of pilot program; as follows: Homeland Security for the fiscal year (2) work to correct any errors identified On page 69, after line 24, insert the fol- ending September 30, 2008, and for under paragraph (1); and lowing: (3) work to ensure that a system for identi- other purposes; which was ordered to SEC. 536. NATIONAL STRATEGY ON CLOSED CIR- fying and promptly correcting such defi- CUIT TELEVISION SYSTEMS. lie on the table; as follows: ciencies and discrepancies is adopted to en- (a) IN GENERAL.—Not later than 1 year At the appropriate place, insert the fol- sure the accuracy of the Social Security Ad- after the date of the enactment of this Act, lowing: ministration’s databases. the Secretary of Homeland Security shall—

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AND MARITIME BORDERS OF THE tems can be used most effectively as part of UNITED STATES. an overall terrorism preparedness, preven- SA 2515. Mrs. FEINSTEIN (for her- Any funds appropriated under this Act tion, and response program, and its appro- self, Mr. MARTINEZ, Mrs. BOXER, and shall be used to ensure operational control is priate role in such a program; Mr. NELSON of Florida) submitted an achieved for all international land and mari- (B) a comprehensive examination of the amendment intended to be proposed to time borders of the United States. advantages and limitations of closed circuit amendment SA 2383 proposed by Mr. television and, as appropriate, other public surveillance technologies; BYRD (for himself and Mr. COCHRAN) to SA 2517. Mr. GRASSLEY (for him- (C) best practices on camera use and data the bill H.R. 2638, making appropria- self, Mr. THUNE, Mr. VITTER, Mr. storage; tions for the Department of Homeland COBURN, Mr. CRAPO, Mr, HAGEL, and (D) plans for coordination between the Security for the fiscal year ending Sep- Mr. WYDEN) submitted an amendment Federal Government and State and local tember 30, 2008, and for other purposes; intended to be proposed to amendment governments, and the private sector— which was ordered to lie on the table; SA 2383 proposed by Mr. BYRD (for him- (i) in the development and use of closed as follows: self and Mr. COCHRAN) to the bill H.R. circuit television systems; and On page 69, after line 24, insert the fol- 2638, making appropriations for the De- (ii) for Federal assistance and support for lowing: State and local utilization of such systems; partment of Homeland Security for the SEC. 536. None of the funds made available (E) plans for pilot programs or other means fiscal year ending September 30, 2008, to the U.S. Customs and Border Protection of determining the real-world efficacy and and for other purposes; which was or- may be expended or obligated to compensate limitations of closed circuit television sys- dered to lie on the table; as follows: personnel in the position of Agricultural tems; Specialist to perform work that is not re- On page 54, line 24, after ‘‘House of Rep- (F) an assessment of privacy and civil lib- lated to agricultural inspection, agricultural resentatives’’ insert ‘‘and any Member of erties concerns raised by use of closed circuit pest interception, or other duties germane to Congress representing any affected State or television and other public surveillance sys- the mission of agricultural inspection. district’’. tems, and guidelines to address such concerns; and SA 2516. Mr. SALAZAR (for himself, (G) an assessment of whether and how SA 2518. Mr. KYL (for himself, Mr. closed circuit television systems and other Mr. MENENDEZ, Mr. MARTINEZ, and Mr. MARTINEZ) submitted an amendment public surveillance systems are effectively GRAHAM) submitted an amendment in- intended to be proposed to amendment utilized by other democratic countries in tended to be proposed to amendment SA 2383 proposed by Mr. BYRD (for him- combating terrorism; and SA 2383 proposed by Mr. BYRD (for himself and Mr. COCHRAN) to the bill H.R. (2) provide to the Committees on Homeland self and Mr. COCHRAN) to the bill H.R. 2638, making appropriations for the De- Security and Governmental Affairs, Appro- 2638, making appropriations for the De- partment of Homeland Security for the priations, and the Judiciary of the Senate partment of Homeland Security for the fiscal year ending September 30, 2008, and the Committees on Homeland Security, fiscal year ending September 30, 2008, Appropriations, and the Judiciary of the and for other purposes; as follows: and for other purposes; as follows: House of Representatives a report that in- At the appropriate place, insert the fol- cludes— SECTION 1. BORDER SECURITY REQUIREMENTS lowing: (A) the strategy required under paragraph FOR LAND AND MARITIME BORDERS OF THE UNITED STATES. SEC. ll. IMPROVEMENTS TO THE EMPLOYMENT (1); ELIGIBILITY VERIFICATION BASIC (a) OPERATIONAL CONTROL OF THE UNITED (B) the status and findings of any pilot pro- PILOT PROGRAM. STATES BORDERS.—Notwithstanding any program involving closed circuit televisions or Of the amounts appropriated for border se- other public surveillance systems conducted vision in this Act, the President shall ensure that operational control of all international curity and employment verification im- by, in coordination with, or with the assist- provements under section 1003, $60,000,000 ance of the Department of Homeland Secu- land and maritime borders is achieved. (b) ACHIEVING OPERATIONAL CONTROL.—The shall be made available to— rity up to the time of the report; and (1) ensure that State and local programs (C) the annual amount of funds used by the Secretary of Homeland Security shall establish and demonstrate operational control of have sufficient access to, and are sufficiently Department of Homeland Security, either di- coordinated with, the Federal Government’s rectly by the Department or through grants 100 percent of the international land and maritime borders of the United States, in- Employment Eligibility Verification Sys- to State, local, or tribal governments, to tem; support closed circuit television and the pub- cluding the ability to monitor such borders through available methods and technology. (2) ensure that such system has sufficient lic surveillance systems of the Department, capacity to— since fiscal year 2004. (1) STAFF ENHANCEMENTS FOR BORDER PA- TROL.—The United States Customs and Bor- (A) register employers in States with em- (b) CONSULTATION.—In preparing the strat- ployer verification requirements; egy and report required under subsection (a), der Protection Border Patrol may hire, train, and report for duty additional full- (B) respond to inquiries by employers; and the Secretary of Homeland Security shall (C) enter into memoranda of understanding consult with the Attorney General, the Chief time agents. These additional agents shall be deployed along all international borders. with States to ensure responses to subpara- Privacy Officer of the Department of Home- graphs (A) and (B); and land Security, and the Officer for Civil (2) STRONG BORDER BARRIERS.—The United States Customs and Border Protection Bor- (3) develop policies and procedures to en- Rights and Civil Liberties of the Department sure protection of the privacy and security of Homeland Security. der Patrol may: (A) Install along all international borders of personally identifiable information and identifiers contained in the basic pilot pro- SA 2514. Ms. CANTWELL (for herself of the United States vehicle barriers; (B) Install along all international borders gram, including appropriate privacy and se- and Ms. SNOWE) submitted an amend- of the United States ground-based radar and curity training for State employees. ment intended to be proposed to cameras; and amendment SA 2638 proposed by Mr. (C) Deploy for use along all international SA 2519. Mr. OBAMA (for himself, BYRD (for himself and Mr. COCHRAN) to borders of the United States unmanned aer- Mr. COBURN, Mr. CASEY, and Mr. DUR- ial vehicles, and the supporting systems for the bill H.R. 2638, making appropria- BIN) submitted an amendment intended such vehicles; tions for the Department of Homeland to be proposed to amendment SA 2383 Security for the fiscal year ending Sep- (c) PRESIDENTIAL PROGRESS REPORT.— (1) IN GENERAL.—Not later than 90 days proposed by Mr. BYRD (for himself and tember 30, 2008, and for other purposes; after the date of enactment of this Act, and Mr. COCHRAN) to the bill H.R. 2638, as follows: every 90 days thereafter, the President shall making appropriations for the Depart- On page 22, beginning in line 17, strike submit a report to Congress detailing the ment of Homeland Security for the fis- ‘‘Provided,’’ and insert ‘‘Provided, That no progress made in funding, meeting or other- cal year ending September 30, 2008, and funds shall be available for procurements re- wise satisfying each of the requirements de- for other purposes; as follows: lated to the acquisition of additional major scribed under paragraphs (1) and (2). assets as part of the Integrated Deepwater (2) PROGRESS NOT SUFFICIENT.—If the Presi- On page 69, after line 24, insert the fol- Systems program not already under contract dent determines that sufficient progress is lowing: until an Alternatives Analysis has been com- not being made, the President shall include SEC. 536. None of the funds appropriated or pleted by an independent qualified third in the report required under paragraph (1) otherwise made available by this Act may be

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For purposes of the pre- professional municipal services for a period or an individual or entity petitioning pri- ceding sentence, the certification require- of not more than 24 months, by hiring or marily on behalf of a qualified nonprofit or- ment of part 52.209-5 of the Federal Acquisi- contracting with individuals or organiza- ganization, the Secretary of Homeland Secu- tion Regulation shall also include a require- tions (including individuals employed by rity shall provide the petitioner with the ment for a certification by a prospective contractors) that the State involved deter- premium-processing services referred to in contractor of whether, within the three-year mines are necessary to provide professional section 286(u), without a fee.’’. period preceding the offer for the contract, municipal services. the prospective contractor— (d) Covered funds expended under this sec- SA 2524. Mr. COLEMAN (for himself (1) has or has not been convicted of or had tion may be spent on costs incurred not ear- and Mr. ALLARD, Ms. KLOBUCHAR, and a civil judgment or other judicial determina- lier than May 4, 2007. Mr. SALAZAR) submitted an amend- tion rendered against the contractor for vio- ment intended to be proposed to lating any tax law or failing to pay any tax; SA 2522. Mrs. FEINSTEIN submitted amendment SA 2383 proposed by Mr. (2) has or has not been notified of any dean amendment intended to be proposed BYRD (for himself and Mr. COCHRAN) to linquent taxes for which the liability re- to amendment SA 2383 proposed by Mr. the bill H.R. 2638, making appropria- mains unsatisfied; or BYRD (for himself and Mr. COCHRAN) to tions for the Department of Homeland (3) has or has not received a notice of a tax the bill H.R. 2638, making appropria- lien filed against the contractor for which Security for the fiscal year ending Sep- the liability remains unsatisfied or for which tions for the Department of Homeland tember 30, 2008, and for other purposes; the lien has not been released. Security for the fiscal year ending Sep- as follows: tember 30, 2008, and for other purposes; At the end of the bill, insert the following: SA 2520. Mrs. DOLE submitted an as follows: SEC. ll. Of amounts appropriated under amendment intended to be proposed to At the appropriate place, insert the fol- section 1003, $100,000,000, with $50,000,000 each amendment SA 2383 proposed by Mr. lowing: to the Cities of Denver, Colorado, and St. Paul, Minnesota, shall be available for State BYRD (for himself and Mr. COCHRAN) to SEC. 536. NATIONAL TRANSPORTATION SECURITY and local law enforcement entities for secu- CENTER OF EXCELLENCE. the bill H.R. 2638, making appropria- rity and related costs, including overtime, tions for the Department of Homeland If the Secretary of Homeland Security es- associated with the Democratic National Security for the fiscal year ending Sep- tablishes a National Transportation Security Conventional and Republican National Con- tember 30, 2008, and for other purposes; Center of Excellence to conduct research and vention in 2008. Amounts provided by this education activities, and to develop or pro- section are designated as an emergency re- which was ordered to lie on the table; vide professional security training, including as follows: quirement pursuant to section 204 of S. Con. the training of transportation employees and Res. 21 (110th Congress). On page 69, after line 24, add the following: transportation professionals, the Mineta SEC. 536. DISASTER RELIEF FUND. Transportation Institute at San Jose State SA 2525. Ms. LANDRIEU proposed an Notwithstanding any other provision of University shall be included as a member in- amendment to amendment SA 2383 pro- this Act, funds appropriated under this Act stitution of such Center. posed by Mr. BYRD (for himself and Mr. for the Disaster Relief Fund may only be COCHRAN) to the bill H.R. 2638, making used for programs and activities authorized Mr. KERRY (for himself and SA 2523. appropriations for the Department of by the Robert T. Stafford Disaster Relief and Mr. HATCH) submitted an amendment Homeland Security for the fiscal year Emergency Assistance Act (42 U.S.C. 5122 et intended to be proposed by him to the seq.). ending September 30, 2008, and for bill H.R. 2638, making appropriations other purposes; as follows: for the Department of Homeland Secu- SA 2521. Mr. ROBERTS (for himself On page 69, after line 24, add the following: rity for the fiscal year ending Sep- and Ms. BROWNBACK) submitted an SEC. 536. EVACUATION AND SHELTERING. amendment intended to be proposed to tember 30, 2008, and for other purposes; (a) REGIONAL EVACUATION AND SHELTERING amendment SA 2383 proposed by Mr. which was ordered to lie on the table; PLANS.— BYRD (for himself and Mr. COCHRAN) to as follows: (1) IN GENERAL.—Not later than 360 days the bill H.R. 2638, making appropria- At the appropriate place, insert the fol- after the date of enactment of this Act, the lowing: Administrator of the Federal Emergency tions for the Department of Homeland Management Agency, in coordination with Security for the fiscal year ending Sep- SEC. ll. EXPEDITED ADJUDICATION OF EM- PLOYER PETITIONS FOR ALIENS the heads of appropriate Federal agencies tember 30, 2008, and for other purposes; WITH EXTRAORDINARY ARTISTIC with responsibilities under the National Re- as follows: ABILITY. sponse Plan or any successor plan, States, At the appropriate place, insert the fol- (a) SHORT TITLE.—This section may be local governments, and appropriate non- lowing: cited as the ‘‘Arts Require Timely Service governmental organizations, shall develop SEC. ll. (a) In this section: Act’’ or the ‘‘ARTS Act’’. and submit to Congress, regional evacuation (1) The term ‘‘covered funds’’ means funds (b) AMENDMENT.—Section 214(c) of the Im- and sheltering plans that— provided under section 173 of the Workforce migration and Nationality Act (8 U.S.C. (A) are nationally coordinated; Investment Act of 1998 (29 U.S.C. 2918) to a 1184(c)) is amended— (B) incorporate all appropriate modes of State that submits an application under that (1) by striking ‘‘Attorney General’’ each transportation, including interstate rail, section not earlier than May 4, 2007, for a na- place it appears and inserting ‘‘Secretary of commercial rail, commercial air, military tional emergency grant to address the effects Homeland Security’’; and air, and commercial bus; of the May 4, 2007, Greensburg, Kansas tor- (2) in paragraph (6)(D)— (C) clearly define the roles and responsibil- nado. (A) by striking ‘‘(D) Any person’’ and in- ities of Federal, State, and local govern- (2) The term ‘‘professional municipal serv- serting the following: ments in the evacuation plan; and ices’’ means services that are necessary to ‘‘(D)(i) Except as provided under clause (ii), (D) identify regional and national shelters facilitate the recovery of Greensburg, Kansas any person’’; and capable of housing evacuees and victims of from that tornado, and necessary to plan for (B) by adding at the end the following: an emergency or major disaster in any part or provide basic management and adminis- ‘‘(ii) The Secretary of Homeland Security of the United States. trative services, which may include— shall adjudicate each petition for an alien (2) IMPLEMENTATION.—After developing the (A) the overall coordination of disaster re- who has extraordinary ability in the arts (as plans described in paragraph (1), the Admin- covery and humanitarian efforts, oversight, described in section 101(a)(15)(O)(i)), an alien istrator of the Federal Emergency Manage- and enforcement of building code compli- accompanying such an alien (as described in ment Agency and the head of any Federal

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agency with responsibilities under those 406(c)(1) of the Robert T. Stafford Disaster COMMITTEE ON FOREIGN RELATIONS plans shall take necessary measures to be Relief and Emergency Assistance Act (42 Mrs. MURRAY. Mr. President, I ask able to implement those plans, including U.S.C. 5172(c)(1)) to the Peebles School in unanimous consent that the Com- conducting exercises under such plans as ap- Iberia Parish, Louisiana for damages relat- mittee on Foreign Relations be author- propriate. ing to Hurricane Katrina of 2005 or Hurricane (b) NATIONAL SHELTERING DATABASE.—The Rita of 2005, notwithstanding section ized to meet during the session of the Administrator of the Federal Emergency 406(c)(1)(C) of the Robert T. Stafford Disaster Senate on Thursday, July 26, 2007, at Management Agency, in coordination with Relief and Emergency Assistance Act (42 9:30 a.m. to hold a hearing on Extraor- States, local governments, and appropriate U.S.C. 5172(c)(1)(C)). dinary Rendition. nongovernmental entities, shall develop a f The PRESIDING OFFICER. Without national database inventorying available objection, it is so ordered. shelters, that can be shared with States and AUTHORITY FOR COMMITTEES TO COMMITTEE ON FOREIGN RELATIONS local governments. MEET (c) COST-BENEFIT ANALYSIS.— Mrs. MURRAY. Mr. President, I ask (1) IN GENERAL.—The Administrator of the COMMITTEE ON COMMERCE, SCIENCE, AND unanimous consent that the Com- Federal Emergency Management Agency, in TRANSPORTATION mittee on Foreign Relations be author- consultation with the heads of appropriate Mrs. MURRAY. Mr. President, I ask ized to meet during the session of the Federal agencies with responsibilities under unanimous consent that the Com- Senate on Thursday, July 26, 2007, at the National Response Plan or any successor mittee on Commerce, Science, and 2:30 p.m. to hold a hearing on the plan, shall conduct an analysis comparing Transportation be authorized to hold a United Nations Human Rights Council. the costs, benefits, and health and safety concerns of evacuating individuals with spe- hearing during the session of the Sen- The PRESIDING OFFICER. Without cial needs during an emergency or major dis- ate on Thursday, July 26, 2007, at 10 objection, it is so ordered. aster, as compared to the costs, benefits, and a.m., in room 253 of the Russell Senate COMMITTEE ON HEALTH, EDUCATION, LABOR, safety concerns of sheltering such people in Office Building. The purpose of this AND PENSIONS the area they are located when that emer- hearing is to explore U.S. readiness for Mrs. MURRAY. Mr. President, I ask gency or major disaster occurs. and the consumer impact of the nation- unanimous consent that the Com- (2) CONSIDERATIONS.—In conducting the wide transition from analog television mittee on Health, Education, Labor, analysis under paragraph (1), the Adminis- broadcasting to digital television and Pensions be authorized to meet in trator of the Federal Emergency Manage- ment Agency shall consider— broadcasting. executive session during the session of (A) areas with populations of not less than The PRESIDING OFFICER. Without the Senate on Thursday, July 26, 2007 20,000 individual needing medical assistance objection, it is so ordered. at 9:30 a.m. in SR–325. We will be con- or lacking the ability to self evacuate; COMMITTEE ON ENVIRONMENT AND PUBLIC sidering the following: (B) areas that do not have an all hazards WORKS Agenda resistance shelter; and Mrs. MURRAY. Mr. President, I ask (C) the health and safety of individuals unanimous consent that the Com- 1. S. 625, Family Smoking Prevention with special needs. mittee on Environment and Public and Tobacco Control Act (3) TECHNICAL ASSISTANCE.—The Adminis- 2. S. 1183, Christopher and Dana Works be authorized to meet during trator of the Federal Emergency Manage- Reeve Paralysis Act the session of the Senate on Thursday, ment Agency shall, as appropriate, provide 3. S. 579, Breast Cancer and Environ- technical assistance to States and local gov- July 26, 2007 at 10 a.m., in room 406 of mental Research Act of 2007 ernments in developing and exercising evac- the Dirksen Senate Office Building in 4. S. 898, Alzheimer’s Breakthrough uation and sheltering plans, which identify order to conduct a hearing entitled, and use regional shelters, manpower, logis- Act of 2007 ‘‘Examining the Case for the California 5. S. 1858, Newborn Screening Saves tics, physical facilities, and modes of trans- Waiver: An Update from EPA.’’ portation to be used to evacuate and shelter Lives Act of 2007 large groups of people. The PRESIDING OFFICER. Without 6. The following nominations: (d) DEFINITIONS.—In this section, the terms objection, it is so ordered. Diane Auer Jones, of Maryland, to be ‘‘emergency’’ and ‘‘major disaster’’ have the COMMITTEE ON COMMERCE, SCIENCE, AND Assistant Secretary for Postsecondary meanings given those terms in section 102 of TRANSPORTATION Education, Department of Education ther Robert T. Stafford Disaster Relief and Mrs. MURRAY. Mr. President, I ask Emergency Assistance Act (42 U.S.C. 5122). David C. Geary, of Missouri, to be a unanimous consent that the Com- Member of the Board of Directors of SA 2526. Ms. COLLINS (for herself mittee on Commerce, Science, and the National Board for Education and Mr. GRASSLEY) submitted an Transportation be authorized to hold a Sciences amendment intended to be proposed to hearing during the session of the Sen- Miguel Campaneria, of Puerto Rico, amendment SA 2338 proposed by Mr. ate on Thursday, July 26, 2007, at 2:30 to be a Member of the National Council BYRD (for himself and Mr. COCHRAN) to p.m., in room 253 of the Russell Senate on the Arts the bill H.R. 2638, making appropria- Office Building. The hearing will focus The PRESIDING OFFICER. Without tions for the Department of Homeland on proposed efforts to improve the safe- objection, it is so ordered. Security for the fiscal year ending Sep- ty of the Nation’s railroads through COMMITTEE ON INDIAN AFFAIRS tember 30, 2008, and for other purposes; targeting highway-rail grade crossing Mrs. MURRAY. Mr. President, I ask as follows: safety, reducing employee hours of unanimous consent that the Com- At the appropriate place, insert: service and fatigue, and developing and mittee on Indian Affairs be authorized Of the funds provided under this Act or any using new rail safety technology. to meet Thursday, July 26, 2007, at 9:30 other Act to United States Citizenship and The PRESIDING OFFICER. Without a.m. in room 485 of the Russell Senate Immigration Services, not less than objection, it is so ordered. Office Building to conduct a hearing on $1,000,000 shall be provided for a benefits COMMITTEE ON FINANCE fraud assessment of the H–1B Visa Program. the nomination of Charles W. Grim to Mrs. MURRAY. Mr. President, I ask be Director of the Indian Health Serv- SA 2527. Mrs. MURRAY (for Ms. unanimous consent that the Com- ice. LANDRIEU) proposed an amendment to mittee on Finance meet during the ses- The PRESIDING OFFICER. Without amendment SA 2383 proposed by Mr. sion of the Senate on Thursday, July objection, it is so ordered. BYRD (for himself and Mr. COCHRAN) to 26, 2007, at 3 p.m., in room 215 of the COMMITTEE ON THE JUDICIARY the bill H.R. 2638, making appropria- Dirksen Senate Office Building, to con- Mrs. MURRAY. Mr. President I ask tions for the Department of Homeland sider S. 1607, the ‘‘Currency Exchange uanimous consent that the Committee Security for the fiscal year ending Sep- Rate Oversight Reform Act of 2007,’’ on the Judiciary be authorized to meet tember 30, 2008, and for other purposes; with a substitute amendment, and to during the session of the Senate in as follows: consider favorably reporting pending order to conduct a markup on Thurs- On page 69, after line 24, add the following: nominees who have responded to all day, July 26, 2007, at 10 a.m. in SD–226. written questions and been cleared by SEC. 536. IN-LIEU CONTRIBUTION. Agenda The Administrator of the Federal Emer- both sides. gency Management Agency shall authorize a The PRESIDING OFFICER. Without I. Bills: S.——, School Safety and large in-lieu contribution under section objection, it is so ordered. Law Enforcement Improvements Act

VerDate Aug 31 2005 04:55 Aug 16, 2007 Jkt 059060 PO 00000 Frm 00157 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S26JY7.REC S26JY7 mmaher on PRODPC24 with CONG-REC-ONLINE S10208 CONGRESSIONAL RECORD — SENATE July 26, 2007 (Chairman’s mark); S. 1060, Recidivism the Secretary of the Interior to carry minutes each, with the time equally di- Reduction & Second Chance Act of 2007 out the Jackson Gulch rehabilitation vided and controlled between the two (Biden, Specter, Brownback, Leahy, project in the State of Colorado; S. leaders or their designees; that at 3 Kennedy, Schumer, Whitehouse, Dur- 1522, to amend the Bonneville Power p.m., the Senate resume consideration bin); S. 453, Deceptive Practices and Administration portions of the Fish- of the motion to proceed to H.R. 976, Voter Intimidation Prevention Act of eries Restoration and Irrigation Miti- and that the time until 5:30 p.m. be 2007 (Obama, Schumer, Leahy, Cardin, gation Act of 2000 to authorize appro- equally divided and controlled between Feingold, Feinstein, Kennedy, priations for fiscal years 2008 through the Chair and ranking member of the Whitehouse); and S. 1692, A bill to 2014, and for other purposes; and H.R. Finance Committee or their designees; grant a Federal Charter to Korean War 1025, to authorize the Secretary of the that at 5:30 p.m., without further inter- Veterans Association (Cardin, Isakson, Interior to conduct a study to deter- vening action or debate, the Senate Kennedy). mine the feasibility of implementing a proceed to vote on the motion to in- II. Nomination: Rosa Emilia water supply and conservation project voke cloture on the motion to proceed Rodriguez-Velez to be United States to improve water supply reliability, in- to H.R. 976. Attorney for the District of Puerto crease the capacity of water storage, The ACTING PRESIDENT pro tem- Rico. and improve water management effi- pore. Without objection, it is so or- The PRESIDING OFFICER. Without ciency in the Republican River Basin dered. objection,it is so ordered. between Harlan County Lake in Ne- SELECT COMMITTEE ON INTELLIGENCE braska and Milford Lake in Kansas. f Mrs. MURRAY. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the Select objection, it is so ordered. ADJOURNMENT UNTIL MONDAY, JULY 30, 2007, at 2 P.M. Committee on Intelligence be author- f ized to meet during the session of the Mr. LIEBERMAN. Mr. President, if Senate on July 26, 2007 at 2:30 p.m. to PRIVILEGES OF THE FLOOR there is no further business this morn- hold a closed hearing. Mrs. MURRAY. Mr. President, I ask ing, I wish everyone within hearing a The PRESIDING OFFICER. Without unanimous consent that Jeffrey good morning and ask unanimous con- objection, it is so ordered. Watters, a fellow in Senator CANT- sent that the Senate stand adjourned SUBCOMMITTEE ON WATER AND POWER WELL’s office, be given floor privileges under the previous order. Mrs. MURRAY. Mr. President, I ask for the duration of the consideration of There being no objection, the Senate, unanimous consent that the Sub- this bill. at 12:29 a.m., adjourned until Monday, committee on Water and Power of the The PRESIDING OFFICER. Without July 30, 2007, at 2 p.m. Committee on Energy and Natural Re- objection, it is so ordered. sources be authorized to hold a hearing f f during the session of the Senate on Thursday, July 26, 2007 at 2:30 p.m. in ORDERS FOR MONDAY, JULY 30, NOMINATIONS 2007 room SD–366 of the Dirksen Senate Of- Executive nominations received by fice Building. Mr. LIEBERMAN. Mr. President, I the Senate July 26, 2007: The purpose of the hearing is to re- ask unanimous consent that when the DEPARTMENT OF HEALTH AND HUMAN SERVICES ceive testimony on the following bills: Senate completes its business today, it BENJAMIN ERIC SASSE, OF NEBRASKA, TO BE AN AS- S. 300, to authorize appropriations for stand adjourned until 2 p.m., Monday, SISTANT SECRETARY OF HEALTH AND HUMAN SERV- the Bureau of Reclamation to carry July 30; that on Monday, following the ICES, VICE MICHAEL O’GRADY, RESIGNED. out the Lower Colorado River Multi- prayer and pledge, the Journal of pro- DEPARTMENT OF STATE Species Conservation Program in the ceedings be approved to date, the BARRY LEON WELLS, OF OHIO, A CAREER MEMBER OF States of Arizona, California, and Ne- morning hour be deemed expired, and THE SENIOR EXECUTIVE SERVICE, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE vada, and for other purposes; S. 1258, to the time for the two leaders be re- UNITED STATES OF AMERICA TO THE REPUBLIC OF THE amend the Reclamation Safety of served for their use later in the day; GAMBIA. MARK M. BOULWARE, OF TEXAS, A CAREER MEMBER Dams Act of 1978 to authorize improve- that there then be a period of morning OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- ments for the security of dams and business until 3 p.m. with Senators per- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA other facilities; S. 1477, to authorize mitted to speak therein for up to 10 TO THE ISLAMIC REPUBLIC OF MAURITANIA.

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DEPARTMENTS OF LABOR, cantly reduce the number of abortions—a goal INTRODUCTION OF THE ‘‘ARAP- HEALTH AND HUMAN SERVICES, I believe we should all support. AHO-ROOSEVELT NATIONAL FOR- AND EDUCATION, AND RELATED Planned Parenthood’s services are con- EST LAND EXCHANGE ACT OF AGENCIES APPROPRIATIONS fidential, and perhaps more importantly, afford- 2007’’ ACT, 2008 able. They provide basic health care to many of my constituents who might not otherwise be SPEECH OF able to afford it. In 2005, Planned Parenthood HON. MARK UDALL served 13,601 Kansans. I will continue to sup- HON. NANCY E. BOYDA OF COLORADO OF KANSAS port funding for health care for my constitu- IN THE HOUSE OF REPRESENTATIVES ents. IN THE HOUSE OF REPRESENTATIVES Thursday, July 19, 2007 Wednesday, July 25, 2007 f The House in Committee of the Whole House on the State of the Union had under NATIONAL CENTER FOR MISSING Mr. UDALL of Colorado. Madam Speaker, consideration the bill (H.R. 3043) making ap- AND EXPLOITED CHILDREN today I am introducing the ‘‘Arapaho-Roo- propriations for the Departments of Labor, sevelt National Forests Land Exchange Act of Health and Human Services; and Education, 2007’’. and related agencies for the fiscal year end- HON. NICK LAMPSON ing September 30, 2008, and for other pur- OF TEXAS This bill will facilitate a fair exchange of poses: IN THE HOUSE OF REPRESENTATIVES lands on the Arapaho-Roosevelt National For- est near Boulder, CO, between the Forest Mrs. BOYDA of Kansas. Madam Chairman, Wednesday, July 25, 2007 I have heard concerns about the Cincinnati Service and the Sugar Loaf Fire District. The area’s Planned Parenthood Clinic’s alleged Mr. LAMPSON. Madam Speaker, as you Fire District is seeking this exchange so that mishandling of claims of abuse. This is an on- heard, Congresswoman BIGGERT and I had they can maintain and upgrade their fire sta- going legal process, and we must wait for the planned to offer an amendment today that tions serving the Sugar Loaf community and verdict before determining the truth of the would have designated $34 million for the Na- other nearby communities and properties— claim. As a mother, I can only imagine how tional Center for Missing and Exploited Chil- areas that are in the wildland/urban interface difficult this time must be for the young dren. However, we weren’t able to do so, be- and thus at risk of wildfires. In fact, these fire woman. cause $34 million exceeds the Center’s cur- stations serve the area that was burned in the Planned Parenthood of Kansas and Mid- rent authorization. Black Tiger Fire in 1989. That fire was the mo- Missouri states in their mission that they are This gives me an opportunity to discuss the tivation for the Sugar Loaf community to invest ‘‘committed to providing confidential, afford- importance of the work of the National Center more strongly in fire protection. The Fire Dis- able reproductive health care to all individuals, and the need for increasing funding for the trict has grown a lot over the years, and will regardless of their ability to pay.’’ Planned center. be celebrating its 40th anniversary this Au- Parenthood provides a wide array of basic Since its creation in 1984, the center has gust. health care services to both women and men. played a critical role in locating and protecting The bill relates to two fire stations. Station They offer cancer screening for women and children. The center is a primary component of 1 was acquired by the Fire District through an men—we know that early detection can help the Missing and Exploited Children’s Program original mining claim under the 1872 mining people fight and win their battle with cancer. and employs over 300 employees at its Alex- laws. In 1967, a public meeting was held on They provide confidential screenings for sexu- andria, VA headquarters and regional offices this property to establish a fire district and ally transmitted diseases so that people can in California, Florida, Kansas, New York, and get treatment and prevent the further spread South Carolina. These regional offices provide modify the old school building on the site into of disease. They offer counseling for women case management and technical support in a firehouse to hold a fire truck and other fire- going through menopause on what to expect their geographic areas. An Austin, TX office is fighting equipment. On May 14, 1969, the U.S. and what types of treatment they could con- scheduled to open this summer. Forest Service approved a special use permit, sider. They diagnose infertility problems for The Center provides activities and services which allowed the fire department to use both women and men trying to build a family. They concerning (1) missing children, including the firehouse and approximately 5 acres of the also conduct workshops for parents and youth those abducted to or from the United States; property under it. The special use permit was to discuss topics related to sexuality. The (2) exploited children; (3) training and tech- reissued on August 11, 1994, with a life of 10 workshops build self-esteem, promote a posi- nical assistance; (4) families of missing chil- years. tive body image and build communication dren; and (5) partnerships with State clearing- In 1970, the fire department applied for a skills. They also offer a workshop called houses, the private sector, and children’s or- special use permit to operate and maintain a ‘‘choices and consequences’’ that helps youth ganizations. In addition to funding through the second firehouse—station 2—on Sugar Loaf understand what abstinence means. In the missing and exploited children’s program, the Road. The original permit was approved on in workshop, youth and Planned Parenthood ad- center is funded through contributions and the 1970, and had an expiration date of December visors work together to identify the skills and United States Secret Service, pursuant to 31, 1991. The permit boundary included 2 knowledge that someone needs to use absti- Public Law 103–322. acres. nence effectively. As two of the four cochairs of the Congres- The special use permit issued in 1994 com- Despite the numerous types of health care sional Missing and Exploited Children’s Cau- bined the two permits for stations 1 and 2 into services provided, Planned Parenthood is best cus, we hope that our colleagues will join us one. The new permit for station 2 reduced the known for assistance in family planning. To be in cosponsoring H.R. 2517, the Protecting Our clear, Planned Parenthood cannot use any of Children Comes First Act of 2007, to reauthor- permit area to one acre, because the area of its Federal funding to perform abortions. The ize the center from 2008 through 2013. Au- impact and existing improvements did not ex- family planning services they provide are crit- thorization for appropriations for the center, ceed one acre. ical for women’s health. Women depend on under our bill, would increase from $20 million The Fire District entered into discussions contraceptives for better health to regulate to $50 million, while funding for the Missing with the Forest Service about a land swap. In their menstrual cycles and treat endometriosis. and Exploited Children program would remain August 1997, the Fire District filed an applica- Access to family planning services helps pre- constant. tion to acquire the property under stations 1 vent unintended pregnancy and helps in the Again, the importance of the work per- and 2 pursuant to the Small Tracts Act (STA). timing of planned births. If women can control formed by folks at the National Center cannot The STA allows for transfers of small mineral when they become pregnant, we can signifi- be underestimated. fractions by the sale of property for market

∑ 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 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.023 E26JYPT1 hmoore on PRODPC68 with HMREMARKS E1622 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2007 value, or by the exchange of properties of and the people it serves. I think it deserves INTRODUCTION OF THE WHISTLE- nearly equal value. The application proposed enactment without unnecessary delay. BLOWER RECOVERY ACT OF 2007 trading a mining claim surrounded by National Forest, for approximately 3 acres under station f HON. MARK UDALL 1 and 1.5 acres under station 2. OF COLORADO The Fire District worked in good faith to IN SPECIAL RECOGNITION OF JIM IN THE HOUSE OF REPRESENTATIVES comply with the STA. In November 2002, offi- ‘‘BO’’ BOWMAN ON HIS RETIRE- cials from the Fire District met with officials MENT FROM THE U.S. AIR FORCE Wednesday, July 25, 2007 from the Forest Service. Upon review of the ACADEMY Mr. UDALL of Colorado. Madam Speaker, STA application, the Forest Service’s con- today I am introducing the Whistleblower Re- cluded that the parcel under station 2 did not covery Act of 2007. qualify for a land exchange and that the Fire HON. PAUL E. GILLMOR This bill is in response to a recent U.S. Su- District would have to pursue a new special preme Court decision involving a claim under use permit for the property under station 2. As OF OHIO the False Claims Act by Mr. James Stone, a result, the Fire District is interested in secur- IN THE HOUSE OF REPRESENTATIVES who had worked at Rocky Flats when that ing ownership of the land under these stations Colorado site was a nuclear weapons facility through this exchange legislation. Wednesday, July 25, 2007 of the Department of Energy. The Fire District has occupied and operated The decision not only denied his claim but Mr. GILLMOR. Madam Speaker, it is my these fire stations on these properties for over also interpreted the law in a way that had the great pleasure to pay special tribute to Mr. Jim 30 years, and, if they can secure ownership, effect of narrowing the definition of potential ‘‘Bo’’ Bowman—a good friend to me and to the lands will continue to be used as sites for ‘‘whistleblowers.’’ To correct this narrow inter- many of our colleagues—who is retiring after fire stations. The Fire District has made a pretation, this bill would make it clear that po- nearly 50 years in various capacities at the strong, persistent, good faith effort to acquire tential ‘‘whistleblowers’’ can include those who the land under the stations through administra- United States Air Force Academy. divulge knowledge of an alleged wrongdoing— tive means and has demonstrated its sincere Jim Bowman’s career and the history of the even though such a whistleblower may not commitment to this project by expending its Air Force Academy athletics, in many ways, is have had knowledge of the direct way in monetary resources and the time of its staff to one and the same. He has witnessed 49 grad- which the wrongdoing progressed—as long as satisfy the requirements set forth by the Forest uating classes. During his tenure at the Air the ‘‘whistleblower’’ disclosed the allegation Service. Force Academy, he has worked with 16 Su- and that the wrongdoing would not have been However, those efforts have not succeeded perintendents, 22 Commandants of Cadets, 8 discovered and fines assessed were it not for and it has become evident that legislation is Deans of the Faculty, 8 Directors of Intercolle- the disclosure of the whistleblower. required to resolve the situation. giate Athletics, 10 Directors of Admissions, The False Claims Act, codified in title 31, The Fire District is willing to trade the prop- and hundreds of coaches and assistant coach- United States Code, was established to en- erty it owns for the property under the sta- es. courage the disclosure of wrongdoing by Fed- tions. However, the Fire District is firm in its eral agencies or those contracting with or oth- Jim’s contributions to our great country and position that it wants land under both stations, erwise working on behalf of Federal agencies to the preeminent Air Force in the world will and that the amount of land must be adequate by allowing so-called ‘‘whistleblowers’’ to re- to satisfy both its current and anticipated be felt for decades to come, through the future cover a portion of any awards recovered from needs. accomplishments of more than 14,000 cadet judicial proceedings from such disclosures. Under the bill, the land exchange will pro- student athletes who received appointments to On March 27, 2007, the United States Su- ceed if the Fire District offers to convey ac- the Academy with his assistance. preme Court, in Rockwell International Corp. ceptable title to a specified parcel of land v. United States, ruled Mr. Stone, a former amounting to about 5.17 acres in an unincor- Service academy life is as difficult as it is employee at the Rocky Flats nuclear weapons porated part of Boulder County within National rewarding. Four years of stringent academic Forest boundaries between the communities work intertwined with the demands of inter- plant of the United States Department of En- of Boulder and Nederland. In return, the collegiate athletic competition, followed by a 5 ergy, was not entitled to recovery under the land—about 5.08 acres—where the two fire year service commitment can be an ominous False Claims Act regarding the failure of a stations are located will be transferred to the choice for a high school student. Jim Bow- component of the cleanup of this site. Fire District. man’s mentorship began at first contact with The Court found that even though Mr. Stone The lands transferred to the Federal govern- these candidates. His honesty and integrity was an ‘‘independent source’’ of allegations ment will become part of the Arapaho-National would not permit him to sugar-coat the chal- regarding the failure of the cleanup activity— Forest and managed accordingly. lenge he offered to these young men and and of the public disclosure of those allega- The bill provides that the Forest Service women. tions—he could not recover because he did shall determine the values of all lands involved not have direct knowledge of the precise way As physical education instructor, as coach that the failure occurred and was determined through appraisals in accordance with Federal and as Associate Athletic Director, Jim Bow- standards. If the lands conveyed by the Fire at trial. As a result, the Court concluded that man used the discipline and competitive spirit it did not have jurisdiction to determine wheth- District are not equal in value to the lands of athletics to inspire character in the face of where the fire stations are located, the Fire er Mr. Stone was entitled to recovery. adversity, personal development, and ulti- District will make a cash payment to make up The Court’s ruling may have the undesired mately, lives dedicated to national service. the difference. If the lands being conveyed to effect of discouraging ‘‘whistleblowers’’, as it the Federal government are worth more than Jim Bowman’s positive impact on the lives could make it harder for them to gain access the lands where the fire stations are located, of those who are privileged to know him can- to the Court in order to prove that they may the Forest Service can equalize values by re- not be overstated. His life’s work is the em- be entitled to recovery as an ‘‘original source’’ ducing the lands it receives or by paying to bodiment of the Air Force core values of: In- under the False Claims Act. By requiring that make up the difference or by a combination of tegrity first, Service before self, and Excel- purported ‘‘whistleblowers’’ must know of the both methods. The bill requires the Fire Dis- lence in all we do. precise way in which an allegation or transaction of wrongdoing occurs, the Court set a trict to pay for the appraisals and any nec- Madam Speaker, few people can claim the high and potentially insurmountable hurdle for essary land surveys. title of ‘‘legend.’’ Jim Bowman’s work in identi- The bill permits the Fire District to modify ‘‘whistleblowers’’ to meet. fying, mentoring and encouraging the past, the fire stations without waiting for completion In the best interest of public policy—and to present and future leaders of the United of the exchange if the Fire District holds the encourage people to come forward and dis- States Air Force has earned him that title for Federal government harmless for any liability close allegations of wrongdoing—it’s nec- as long as Air Force Academy cadets engage arising from the construction work and indem- essary to make it clear that ‘‘whistleblowers’’ in intercollegiate athletic competition. nifies the Federal government against any need only have direct knowledge of the public costs related to the construction or other ac- I ask each of my colleagues to join me in disclosure of the allegations or transactions tivities on the lands before they are conveyed wishing Jim and his wonderful wife, Mae, and not of the precise way in which the to the Fire District. many years of good health and much happi- wrongdoing occurs. Madam Speaker, this is a relatively minor ness as they begin this exciting new chapter In other words, if an action would not have bill but one that is important to the Fire District in the their lives together. been brought and an award granted under the

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.025 E26JYPT1 hmoore on PRODPC68 with HMREMARKS July 26, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1623 False Claims Act but for the public disclosures first one who worked at the plant to talk to Madam Speaker, I am proud to say that the of the ‘‘whistleblower,’’ that ‘‘whistleblower’’ me.’’ City of Buffalo is a better place thanks to the should be allowed an award under the False Stone’s job was to identify problems at the plant and recommend solutions. So he was years of selfless commitment and sense of Claims Act. able to give the FBI a road map, Alley said. justice brought forth by Bruna Michaux. I ask Madam Speaker, this bill cannot help Mr. Alley said Stone was the source of a key that you join me in applauding Bruna for her Stone. Not only did he lose his legal effort to allegation in the FBI search warrant—that great accomplishments while serving the City recover as a ‘‘whistleblower,’’ regrettably, he Rockwell was incinerating radioactive waste and wish her the best of luck in her retirement. in secret at night. That charge was dropped died shortly after the Supreme Court issued its f decision in his case. A short obituary from the when Rockwell settled the criminal case, and Rocky Mountain News appears below. prosecutors said it wasn’t true. But Alley TRANSPORTATION, HOUSING AND But the bill’s purpose is to properly respect says he had two other clients who witnessed URBAN DEVELOPMENT, AND RE- it. and encourage the efforts of ‘‘whistleblowers’’ Stone’s motivation for filing the whistle- LATED AGENCIES APPROPRIA- like Mr. Stone who call out possible fraud, blower lawsuit in 1989 was patriotic, Alley TIONS ACT, 2008 waste and abuse of taxpayer money. We said. ‘‘He felt the people who operated Rocky should not find ways to keep them from the Flats in the 1980s were guilty of treason’’ by SPEECH OF courthouse door, but rather should find ways building nuclear weapons that wouldn’t ex- HON. BRAD SHERMAN to keep that door open—and even responsibly plode, Alley said. In the fraud suit, Stone alleged that Rock- OF CALIFORNIA widen it—so that ‘‘whistleblowers’’ can have well was defrauding the government by tak- IN THE HOUSE OF REPRESENTATIVES their day in court and seek the compensation ing money for building faulty weapons while Tuesday, July 24, 2007 they deserve. This bill will help in that regard, polluting the environment. Proving faulty and it is a fitting way to remember and honor production was impossible because the evi- The House in Committee of the Whole the courageous efforts of Mr. Stone and oth- dence was classified, Alley said. House on the State of the Union had under ers like him. Jim Stone ‘‘wasn’t afraid of jumping into consideration the bill (H.R. 3074) making ap- [From the Rocky Mountain News, Apr. 12, anything,’’ his son said. ‘‘The world is a bet- propriations for the Departments of Trans- 2007] ter place with people like him.’’ portation, and Housing and Urban Develop- Stone is survived by his wife Virginia, sons ment, and related agencies for the fiscal year ROCKY FLATS WHISTLE-BLOWER DIES AT 82 Bob, of Lakewood, and Randy, of Wheat ending September 30, 2008, and for other pur- JAMES STONE RECENTLY LOST BID FOR $1 Ridge, five grandchildren and 13 great-grand- poses: MILLION children. He was preceded in death by his (By Laura Frank and Ann Imse) eldest son, James Stone Jr. Mr. SHERMAN. Mr. Chairman, I supported the Hunter/Kaptur amendment because we James Stone was an engineer to the core. f And that made it impossible for him to leave should not be funding the Security and Pros- a problem until it was solved. TRIBUTE TO BRUNA MICHAUX perity Partnership until the White House tells His hardscrabble life in a Depression-era us what it is and what their plans are. The Se- orphanage and his hard-won engineering de- HON. BRIAN HIGGINS curity and Prosperity Partnership of North gree led to his career-defining challenge: OF NEW YORK America website says that its goals are about being the chief whistle-blower on environ- eliminating red tape and increasing security. mental crimes at the Rocky Flats nuclear IN THE HOUSE OF REPRESENTATIVES weapons site near Denver. Wednesday, July 25, 2007 Those are noble goals. But unless the White ‘‘He would work on a problem round the House is willing to tell us what they really clock,’’ son Bob said. ‘‘That’s what got him Mr. HIGGINS. Madam Speaker, I rise today have in mind, we shouldn’t have them spend in trouble at Rocky Flats. He wanted to to honor Bruna Michaux for her 43 years of money on it. service to the City of Buffalo. Ms. Michaux has solve the problems, not ignore them.’’ f Stone, who suffered from Alzheimer’s, died provided exemplary service to the city and has Wednesday at the Julia Temple Center in consistently demonstrated leadership and no- TRANSPORTATION, HOUSING AND Englewood. He was 82. table dedication and professionalism to the URBAN DEVELOPMENT, AND RE- Stone, who worked at Rocky Flats from Department of Assessment and Taxation. LATED AGENCIES APPROPRIA- 1980 to 1986, was the first Flats insider to go I would like to briefly touch on the many to the FBI with details of the radioactive TIONS ACT, 2008 pollution released by the site contractor, areas of service that Bruna has been involved Rockwell International. with since she was hired by the city in 1964 SPEECH OF Rockwell pleaded guilty to 10 environ- as a stenographer in the audit department. As mental crimes and paid $18.5 million in fines. a senior tax administrator from 1977 to 1987, HON. JOHN CONYERS, JR. Stone filed a whistle-blower fraud case she initiated and implemented significant OF MICHIGAN against Rockwell and won $4.2 million in changes to the internal structure of the Tax Di- IN THE HOUSE OF REPRESENTATIVES damages for the federal government. Just Tuesday, July 24, 2007 two weeks ago, after an 18-year fight, the vision that have ultimately resulted in im- U.S. Supreme Court denied him a $1 million proved service to the public. The House in Committee of the Whole share in those damages. Bruna always fulfilled her duties with integ- House on the State of the Union had under ‘‘He died with nothing more than the rity and upheld standards in the community. consideration the bill (H.R. 3074) making ap- clothes on his back and the love of his family After urging city officials that Buffalo wasn’t propriations for the Departments of Trans- and friends,’’ Bob Stone said. ‘‘I know if he holding property owners responsible for un- portation, and Housing and Urban Develop- had it to do all over again, even knowing paid taxes, Bruna was able to take part in the ment, and related agencies for the fiscal year how it turned out, he would have done it just creation of the city’s first property foreclosure ending September 30, 2008, and for other pur- the same.’’ poses: Stone was born in 1924. His parents auction in March 1981. This accomplishment couldn’t afford to keep him during the De- greatly helped to facilitate and increase tax Mr. CONYERS. Mr. Chairman, I rise in suppression, his son said, so he went to a Catho- collections. Five years later in 1986, Bruna port of H.R. 3074, the Fiscal Year 2008 De- lic orphanage in St. Louis. As a young teen, had an integral role in getting the city com- partment of Transportation and Housing and a family with a coal business took him in. mitted to a reassessment process that man- Urban Development Appropriations Bill. My Barred from World War II because of a dates each parcel is reviewed every 6 years. colleagues, I think that it is incredibly appro- hearing problem, he worked on engineering The reassessment process corrects inequities priate that we are here talking about housing jobs in Alaska, on the Air Force Academy today. Forty years ago this week, whole sec- chapel and on the Brown Palace heating sys- in tax assessments. tem. He worked on missile silos in Idaho and Bruna also served as director of parking en- tions of Detroit were engulfed in flames and Wyoming, and surveyed a pipeline across forcement from 1987 until 1994, a position that 43 people died amid 6 days of gunfire, looting Greenland. He also invented a sewage treat- her father had held years earlier. As in all and chaos. While there were many reasons ment system for rural mountain homes and other roles, Bruna held the position with dig- for this unrest, one of the biggest was lack of a municipal trash incinerator. nity and commitment. quality, affordable housing; while affordable Stone helped design Rocky Flats before it Ms. Michaux eventually returned to the De- housing continues to be one of our nation’s opened in 1952, and he warned against the lo- partment of Assessment and Taxation in Janu- most pressing problems, H.R. 3074 makes a cation ‘‘because Denver was downwind a few miles away,’’ said his longtime attorney and ary of 1994. In 2003, she was named commis- number of significant strides in improving the friend Hartley Alley. sioner, and since then has continued to pro- status quo. Jon Lipsky, the FBI agent who led the 1989 mote public trust and maintain the profes- Despite the President’s desire to cut Section raid on Rocky Flats, said Stone ‘‘was the sionalism and integrity of the department. 8 tenant-based vouchers and possibly force

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.029 E26JYPT1 hmoore on PRODPC68 with HMREMARKS E1624 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2007 up to 80,000 families and individuals on the pressed by the sincerity of their efforts to his dedication and the lasting legacy he street, this appropriation legislation includes reach ever higher toward the glory of God. leaves, I ask this Honorable Body join me in an increase in funding of $330 million for ten- Today, I offer my sincere congratulations to honoring Chief John J. Moslow Jr. ant-based vouchers and nearly $667 million LWMI for all they have achieved since 2003 to f for projected-based vouchers in order to the benefit of my constituents in Colorado renew all current Section 8 vouchers, so no Springs. I trust and pray that their ministry will INTRODUCTION OF BILL ALLOW- one who has a tenant-based voucher will lose only continue to expand in size and effective- ING AMERICAN PARTICIPATION it. In addition, included within this amount is ness over the years to come so that they may IN CUBAN ENERGY EXPLO- $30 million for 4,000 new, targeted vouchers share their joy and passion with even more of RATION PROJECTS for homeless veterans and for non-elderly our local and global community. people with disabilities. f HON. MARK UDALL Once again this year the President’s budget OF COLORADO TRIBUTE TO AMHERST POLICE proposed eliminating the HOPE VI program, IN THE HOUSE OF REPRESENTATIVES CHIEF JOHN J. MOSLOW, JR. the highly successful program that revitalizes Wednesday, July 25, 2007 distressed and obsolete public housing projects. Instead, by providing $120 million, HON. THOMAS M. REYNOLDS Mr. UDALL of Colorado. Madam Speaker, $21 million over 2007, Congress has ensured OF NEW YORK today I am introducing a bill to permit Ameri- that HOPE VI projects will continue to help IN THE HOUSE OF REPRESENTATIVES cans and American companies to take part in exploring for and development of energy re- transform and revitalize communities across Wednesday, July 25, 2007 the United States. sources offshore of Cuba and other nearby Finally, by allocating $64.5 billion to the De- Mr. REYNOLDS. Madam Speaker, with countries. partment of Transportation, H.R. 3074 will great appreciation I rise today to honor a dedi- The bill would make an exception to all safeguard the regional needs of our Nation cated and highly respected law enforcement laws, Executive Orders, and regulations that and invest in transit projects for urban areas to officer who for more than 32 years steadfastly now prohibit exports to or imports from Cuba help commuters save time and money getting served and protected the people of Amherst, or transactions in property in which a Cuban to work. The bill likewise rejects the Presi- NY. national has an interest. This exception would dent’s deep cuts to AMTRAK, protecting our Amherst Police Chief John J. Moslow Jr. apply to transactions necessary for the explo- national passenger rail system, and it fully has led a life deeply committed to service, to ration for and development of hydrocarbon re- funds the highway and transit guarantees set justice, to making his community a better sources—such as petroleum or natural gas— in the SAFETEA–LU authorization bill. place. In charge of the region’s largest subur- from offshore areas under the control of Cuba With final passage of this bill today, we in ban police force for 8 years, Chief Moslow or another foreign government that are contig- the House of Representatives will be address- rolled up countless accomplishments, winning uous to the exclusive economic zone of the ing the important challenges of keeping our awards for his law enforcement initiatives and United States. The bill would also permit Nation’s transportation system safe and accolades for his deft management of high- Americans to travel to, from, and within Cuba strong, ensuring that every American has ade- profile cases. But more than awards and acco- in connection with such exploration and devel- quate shelter, and doing so in a way that lades can attest, during his 32 years on the opment activities. strengthens the economy. force Chief Moslow has earned the utmost re- Madam Speaker, since coming to Congress spect of area leaders, local officials and his f I have supported efforts to relax some of the fellow officers. With his straightforward and ef- unduly restrictive laws and policies that pre- LIVING WORD MINISTRIES fective leadership, Chief Moslow indeed has vent American companies from doing business INTERNATIONAL left the Amherst Police Department stronger in Cuba. The legislation I am introducing today than he found it. would continue those efforts. HON. DOUG LAMBORN Chief Moslow joined the department in 1975 It responds to a U.S. Geological Survey re- OF COLORADO shortly after serving his country in another ca- port published last year that estimates some IN THE HOUSE OF REPRESENTATIVES pacity, as a soldier in the Vietnam War. After 4.6 billion barrels of oil and 9.8 trillion cubic serving as patrolman for 6 years, Chief feet of natural gas could lie offshore from Wednesday, July 25, 2007 Moslow began his steady rise in the force Cuba, in the North Cuba Basin. Mr. LAMBORN. Madam Speaker, I rise when he was promoted to patrol lieutenant in Cuba’s share of the Gulf of Mexico was es- today to recognize the significant contributions 1981. Known for his discipline and profes- tablished in 1977 through treaties with the made by the Living Word Ministries Inter- sionalism, Chief Moslow was made captain United States and Mexico. So there is no dis- national Church under the leadership of starting in 1989, serving in several different pute about the status of the area, and it is my Bishop John Brannon to the Colorado Springs capacities for 10 years before being promoted understanding that Cuba has divided its off- community. As they near their 4-year anniver- to chief in 1999. shore territory into 59 exploration blocs and sary on August 27, 2007, I commend Bishop During his tenure, Chief Moslow led the de- opened them up to foreign companies in 1999. Brannon and his congregation for their coura- partment through times of unprecedented Already, several foreign companies have indi- geous and tireless efforts to reach all of God’s challenges and met each one head on. cated interest in some of these blocs, includ- people and provide for them the skills to like- Whether it was adapting to the new security ing a Canadian firm as well as companies wise teach others about the life-altering power realities of a post-September 11th world or re- from China and Venezuela. of the Gospel. sponding to surprise snowstorms, Chief However, our trade embargo continues to As a non-denominational church, Living Moslow took decisive action and improved the prevent American companies from seeking Word Ministries International, LWMI, is de- performance of his department every step of similar opportunities. I think this makes no voted to bridging the gaps that keep God’s the way. His long list of achievements include sense, and the bill I am introducing today people separate and alienated from one an- the department’s increased community police would change that. Under the bill, the only re- other. Through scriptural study, comprehen- presence, investments in new crime-fighting striction would be that any exploration or de- sive prayer, dynamic worship, and focused and life-saving technology, the implementation velopment by an American company offshore group ministries, LWMI has successfully cre- of a new community emergency notification from Cuba would be subject to the same con- ated a body of believers capable of reaching system and the establishment of the Amherst ditions for protection of fish, wildlife, and the the un-churched in the Colorado Springs re- Police Foundation. Also on Chief Moslow’s environment as would be the case if the activi- gion and beyond. Currently, Brannon’s church watch, every murder case was solved, each ties were carried out in the parts of the outer is involved in missions in more than seven murderer at large taken off the streets, each continental shelf under the control of the States and four foreign countries. This is truly one brought to justice. As he goes on to serve United States. a church without walls. as Chief of Security of the Eighth Judicial Dis- Madam Speaker, I am not in favor of unlim- They also seek to provide a comfortable trict, serving Western New York’s courts, Chief ited development of oil and gas wherever and functional location for the base of their Moslow’s legacy in Amherst will certainly live those resources may be found. In our country, ministries and their weekly church services. on. I think some areas should remain off-limits to On July 22, my wife and I had the privilege of Thus, Madam Speaker, in recognition of his such activities, and that in some other areas attending the dedication ceremony for their tremendous service for more than 32 years to it should be subject to restrictions to protect new church building. I was touched and im- the people of Amherst, NY, for his leadership, other resources and values. And if Congress

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.032 E26JYPT1 hmoore on PRODPC68 with HMREMARKS July 26, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1625 were called to make similar decisions about I commend the Moses and Aaron Founda- the hardest-working people I know and his en- resources in areas controlled by Cuba I well tion, an organization which exemplifies the thusiasm and passion for serving the commu- might support similar restrictions for the off- generosity of spirit in our society. nity is inspiring. Mike’s the type of elected offi- shore areas the government of Cuba has de- f cial that all of us in public service strive to cided to make available for exploration and be—accessible, dedicated, and effective. development. TRIBUTE TO SERGEANT JACOB S. I’ve known Mike for over 5 years and had But I think that once the government of SCHMUECKER the opportunity to serve in the Florida Legisla- Cuba has made that decision, our Govern- ture with him. He is one of the most talented ment should not insist on preventing American HON. ADRIAN SMITH and committed representatives. He truly rep- companies from seeking the opportunity to OF NEBRASKA resents the ideals of our region and has take part in those activities—especially since IN THE HOUSE OF REPRESENTATIVES worked tirelessly behind the scenes to make the American energy industry is unrivalled for Southwest Florida a great place to live, work Wednesday, July 25, 2007 its technical expertise and its ability to meet and visit. the technical challenges involved. My legisla- Mr. SMITH of Nebraska. Madam Speaker, I Southwest Florida has experienced tremen- tion would allow them to seek that opportunity. rise today in remembrance of SGT Jacob S. dous growth over the last several decades, f Schmuecker, an Atkinson, Nebraska, native and Mike understands the importance of en- who lost his life on July 21 in Balad, Iraq, in suring that we have an infrastructure that can HONORING THE MOSES AND support of Operation Iraqi Freedom. support this growth. As Chairman of the Infra- AARON FOUNDATION Sergeant Schmuecker, assigned to Nebras- structure Committee, Mike successfully fought ka’s National Guard’s 755th Chemical Recon- to improve our regional transportation system, HON. CHRISTOPHER SHAYS naissance/Decontamination Company, died pushed for growth management solutions, and OF CONNECTICUT when his military vehicle was struck by a road- worked to ensure that our airports are safe IN THE HOUSE OF REPRESENTATIVES side bomb. and reliable. He’s also worked to make hous- Wednesday, July 25, 2007 This young man represented some of the ing more affordable for Floridians. Mr. SHAYS. Madam Speaker, I want to rec- best qualities of Nebraska, and our State Of course, Mike’s public service does not ognize the Moses and Aaron Foundation, an mourns his loss. end with his stint in the Legislature. Mike’s organization committed to special needs chil- Sergeant Schmuecker has been described held countless positions on numerous civic dren and their families. The Foundation’s sig- as ‘‘calm, cool, and collected’’—a man who and charitable organizations throughout South- nificant and enduring efforts, under the direc- answered the call of duty and served honor- west Florida. He’s the type of person who be- tion of the president, Rabbi Yaacov Kaploun, ably. His loss will be felt not only by the men lieves in giving back to his community tenfold and Executive Vice President Yehuda in his unit, but in Nebraska where he leaves and has done just that. From working with Boy Kaploun, deserve the highest praise, as do the behind his wife and three young children. Scout Troop 225, to serving as President of philanthropists who have given so much of My prayers and condolences go out to Ser- the Naples chapter of the Rotary Club, to vol- themselves to fulfill its mission. geant Schmuecker’s family and friends who unteering with Hospice of Naples—he’s left an The Moses and Aaron Foundation Special feel the loss of this brave man. He will be indelible mark on your community. Fund for Children, an all-volunteer organiza- missed. I’d also like to recognize Mike’s wife, Patri- tion, is dedicated to assisting children with dis- f cia, and his two children, Christian and abilities and their families with a wide range of Natasha, for their support during his public PERSONAL EXPLANATION programs, including social, physical, financial service—I know he couldn’t have accom- and wheelchair assistance, as well as coun- plished so much without their love and sup- seling and guidance. HON. HENRY E. BROWN, JR. port. It also provides scholarship funding to edu- OF SOUTH CAROLINA Madam Speaker, Southwest Florida is better cational institutions; collects, purchases, and IN THE HOUSE OF REPRESENTATIVES off today because of Mike Davis’ tireless work. distributes clothing for children in need; pro- Wednesday, July 25, 2007 I wish Mike and his family all the best. vides presents to those children at holiday f time or when hospitalized. Mr. BROWN of South Carolina. Madam In cooperation with Bally’s Fitness Centers, Speaker, on Tuesday, July 24, 2007, I was HONORING PASTOR CLARENCE the Foundation has been able to establish with the President in my district visiting our SEXTON physical fitness and therapy centers. It has troops at Charleston Air Force Base. As such, also arranged for sound and musical equip- I missed several votes related to the Transpor- HON. JOHN J. DUNCAN, JR. ment in other institutions. tation Housing Appropriations Bill. Had I been OF TENNESSEE On July 28, 2007, at the Sullivan County present, I would have voted as follows: rollcall IN THE HOUSE OF REPRESENTATIVES Community College in Lock Sheldrake, New 691, Mica Amendment, ‘‘yes’’; rollcall 692, Thursday, July 26, 2007 York, the Moses and Aaron Foundation, under Bachmann Amendment, ‘‘no’’; rollcall 693, the honorary chairmanship of Nobel Laureate Flake Amendment, ‘‘no’’; rollcall 694, Flake Mr. DUNCAN. Madam Speaker, on August Elie Wiesel, will sponsor its 11th Summer Amendment, ‘‘no’’; rollcall 695, Chabot 26, many people from East Tennessee and ‘‘Chazak-Strength’’ Concert honoring and pay- Amendment, ‘‘yes.’’ others from around the Nation will join to- ing tribute to special and outstanding children Should you have any questions, please con- gether to honor Dr. Clarence Sexton on his and their families. The guests of honor will be tact my Washington office. 40th anniversary in Christian ministry. the special and outstanding children, many of f Clarence Sexton is one of the finest men I whom will perform with the entertainers on have ever known. Through his work, he has stage. More than 40 organizations and TRIBUTE TO FLORIDA STATE REP- touched thousands of lives in good and posi- schools serving the physically and mentally RESENTATIVE MIKE DAVIS UPON tive ways. disabled children will be represented. HIS RETIREMENT He has a heart for service and has shown The Chazak Concert and the Moses and simple human kindness to countless numbers Aaron Foundation’s other programs dem- HON. CONNIE MACK of people. This world is a better place and onstrate a caring and compassionate concern OF FLORIDA many have been saved because of the life for the quality and dignity of life of others and IN THE HOUSE OF REPRESENTATIVES Clarence Sexton has led. merit the appreciation of all who have bene- The most successful people in the world try Wednesday, July 25, 2007 fited from its services. some projects that do not go well or even The Moses and Aaron Foundation was Mr. MACK. Madam Speaker, I rise today to some that fail. But the most important thing is founded in memory of Rabbi Dr. Maurice I. honor one of Florida’s most outstanding public that they never stop trying. Hecht and Aaron Kaploun, both of whom led servants, State Representative Mike Davis (R- Clarence Sexton is one of the most suc- lives of exemplary community service. It is in Naples), who is retiring after an exceptional cessful men I know. He is what I call a mover this sentiment of communal dedication that the career. and a shaker, and he would have been a Moses and Aaron Foundation has devoted Mike was first elected to the Florida Legisla- great success in almost anything to which he itself to serving the needs of a unique group ture in 2002, and from the first time I met him, devoted his tremendous enthusiasm and work in the community. I knew he’d be a great leader. Mike is one of ethic.

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JY8.035 E26JYPT1 hmoore on PRODPC68 with HMREMARKS E1626 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2007 But God directed him to the Christian min- 19, a native of Dadeville, Alabama, was killed service. Mr. Lewis, a member of the Milton istry, and God has done great and wondrous on July 17, 2007, in Baghdad. PFC Harrelson City Council, is a highly-regarded figure whose things through his servant Clarence Sexton. was assigned to B Company, 2nd Battalion, contributions to the advancement of the city of Temple Baptist Church is now one of the 16th Infantry Regiment, 1st Infantry Division Milton are immeasurable. greatest churches in this Nation, But I am based in Fort Riley, Kansas. A native of northwest Florida, R.L. is the even more impressed by the work of Crown PFC Harrelson was a graduate of Dadeville son of R.V. and Louise Lewis. After graduating College, of which Dr. Sexton is Founder and High School, where he was a member of the from T.R. Jackson High School in 1957, R.L. President, and its many outstanding students student council and a talented athlete. He had attended Pensacola Junior College and later and graduates. been serving in Iraq since May of this year. went on to serve in the United States Army for I am fortunate that I can call Pastor Clar- Words cannot express the sense of sadness 2 years. When R.L. returned to Milton, he ence Sexton my friend, as he also is to so we have for his family, and for the gratitude began his career with a local division of Mon- many others. I want to congratulate him on his our country feels for his service. Pvt. santo Company, a multinational agricultural 40 years in the ministry, and I know he will Harrelson, like other brave men and women biotechnology corporation, from which he re- continue to do great things in the years ahead. who have served in uniform, died serving not tired in 1995. This Nation needs more men like Reverend just the United States, but the entire cause of In addition to being the first African Amer- Clarence Sexton, of the great Temple Baptist liberty. Indeed, like those who have served be- ican to serve on the Florida Highway Patrol Church in Powell, Tennessee. fore him, he was a true American. Auxiliary in northwest Florida in 1972, R.L. f We will forever hold him closely in our was also the first to serve on the Milton City IN HONOR OF ROBERT C. HOLTON, hearts, and remember his sacrifice and that of Council. He was first elected in 1984 and has SR. his family as a remembrance of his bravery been reelected in every subsequent election. and willingness to serve our nation. Thank As city councilman, R.L. currently serves as HON. SANFORD D. BISHOP, JR. you, for the House’s remembrance at this the chairman of the Public Works Committee and a member of both the Parks and Recre- OF GEORGIA mournful occasion. ation Committee and the Insurance Com- IN THE HOUSE OF REPRESENTATIVES f mittee. For the past 40 years, he has been Thursday, July 26, 2007 RECOGNIZING G. KEITH AND employed as a funeral advisor with Lewis Fu- Mr. BISHOP of Georgia. Madam Speaker, I WANDA SHUPE neral Horne. He also serves as chairman of rise today to honor Robert C. Holton, Sr., of the deacon board at Mt. Zion Primitive Baptist Grady County, Georgia, whose achievements HON. SAM GRAVES Church and chairman of Milton-Keyser Ceme- merit our recognition. He is recognized for his OF MISSOURI tery Committee. 53 years of service to his family, church, and IN THE HOUSE OF REPRESENTATIVES Through his leadership and dedication, R.L. his community. has honorably and spiritually served the north- Thursday, July 26, 2007 The residents of Grady County, Georgia, west Florida community. He is a longtime should be proud to have called Holton a Mr. GRAVES. Madam Speaker, I proudly member of the NAACP and former member of neighbor and a friend. Robert C. Holton, Sr., pause to recognize two outstanding constitu- numerous other church and civic organiza- was born on April 30, 1943, to Mrs. Goodie ents of Missouri’s Sixth Congressional District: tions. These include: West Florida Planning Bell Williams Holton and the late Mr. Henry G. Keith and Wanda Shupe of Stanberry, Mis- Board, Islam Shrine Temple No. 182, Florida Holton, Sr. In following the tradition of his par- souri. Keith and Wanda will celebrate their League of Cities Nominating Committee, and ents, Holton tirelessly served God through Je- 50th Wedding Anniversary on July 27, 2007. Review Board for Law Enforcement. rusalem P.B. Church, which later became Mt. Keith and Wanda were married on July 27, Despite all of his professional success, R.L. Zion P.B. Holton. For 53 years, Holton served 1957 at the Francis Street First United Meth- would be the first to say he would not have as a deacon and trustee. After graduation, odist Church in St. Joseph, MO by the Rev- accomplished so much without the support of Holton attended Monroe Area Vocational erend Powell. They have two children, Tim his loving wife, Paulette Larkins Lewis. Technical School in Albany, Georgia, where Shupe of Stanberry, MO and Jackie Shupe of Madam Speaker, I would like to offer my he received a certificate in general auto me- Columbia, MO. They also have two grand- sincere congratulations to a man who has chanics. children, Derek Shupe of St. Croix, VI, and served as a role model to us all, a true serv- Far too many stories are told about the elite Brooke Shupe of Washington, DC. ant to the Milton community. I am thankful for and their charity; however, today I would like Keith and Wanda Shupe have been out- his exemplary service and leadership in north- to recognize the story of an ordinary man who standing citizens of Gentry County and North- west Florida and recognize him for 23 years of gave extraordinarily of himself. It was in Grady west Missouri for the past 50 years. Keith is dedicated public service on the Milton City County, Georgia, where Holton began his un- a semi-retired farmer from a third generation Council. precedented commitment to his immediate family farm and Wanda is a retired hairdresser f community. As the founder of Vision & Wis- and office manager for the Tenorio’s Doctors dom and Family Homes Building, Inc., Holton office in Albany, MO. Keith and Wanda have RECOGNIZING THE THIRD ANNI- provided affordable housing to needy families. been lifetime supporters of the Republican VERSARY OF HOUSE CONCUR- However, this was not enough for Holton, Sr., Party within the 6th district and across Mis- RENT RESOLUTION 467 DECLAR- as he committed 22 years to the chairmanship souri. Wanda is currently a member of the ING GENOCIDE IN THE DARFUR of the Francis Western YMCA. Also, Holton Missouri Federation of Republican Women REGION OF SUDAN served in the Thomasville/Thomas County and serves as treasurer for the 6th district Re- Chamber of Commerce for over 20 years. publican Congressional Committee. HON. TRENT FRANKS Unfortunately, Holton’s tragic death came as Madam Speaker, I proudly ask you to join OF ARIZONA a shock; he died during an automobile acci- me in recognizing Keith and Wanda Shupe. IN THE HOUSE OF REPRESENTATIVES dent on his usual weekend trip. So on this Their marriage of 50 years is inspirational, and Thursday, July 26, 2007 26th of July, I commend Robert C. Holton, Sr. I am honored to represent them in the Con- for his tangible commitments to the State of gress. Mr. FRANKS of Arizona. Madam Speaker, Georgia. May his work ethic and commitment f three years after the U.S. Congress passed a continue to define our State. resolution officially recognizing the genocide in f RECOGNIZING THE HONORABLE Darfur, the crisis continues today unabated. R.L. LEWIS IN RECOGNITION OF PFC JAMES J. We continue to hear credible reports of armed HARRELSON attacks on aid workers, food convoys, and ci- HON. JEFF MILLER vilians by the government-supported OF FLORIDA Janjaweed militia. While assistance from UN HON. MIKE ROGERS troops is critical given the limited African OF ALABAMA IN THE HOUSE OF REPRESENTATIVES Union resources, President Bashir has pre- IN THE HOUSE OF REPRESENTATIVES Thursday, July 26, 2007 vented such assistance from taking place. Thursday, July 26, 2007 Mr. MILLER of Florida. Madam Speaker, it Madam Speaker, with 2.5 million people mur- Mr. ROGERS of Alabama. Madam Speaker, is an honor for me to rise today to recognize dered in Southern Sudan, 450,000 killed in the Private First Class James J. Harrelson, age Mr. R.L. Lewis for 23 years of dedicated public Darfur region, 35,000 women and children

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.001 E26JYPT1 hmoore on PRODPC68 with HMREMARKS July 26, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1627 enslaved, more than 270,000 refugees, and operations, the program remained focused on INTRODUCTION OF H.R. 3188 four million people internally displaced as a re- accomplishing its overall mission objectives sult of the policy of genocide, the regime of and successfully deployed biometric screening HON. JERRY WELLER President Bashir must be held accountable. capabilities to all U.S. air, sea and land border OF ILLINOIS As we commemorate the third anniversary ports of entry. IN THE HOUSE OF REPRESENTATIVES of this resolution, let us not forget that this cri- US–VISIT’s operational success has de- Thursday, July 26, 2007 sis is only part of a larger policy of the govern- pended in large part on the program’s ability ment led by Omar al Bashir that has been on- Mr. WELLER of Illinois. Madam Speaker, I to educate international travelers. When the going for over twenty years. This policy of rise today to introduce legislation that will cor- program began, there was great concern arabization and islamization began with the rect an inequity in our welfare system. Under about the potential effects that this biometric Bashir government’s war against the people of the current system, married couples enrolled screening would have on the flow of travel into the South, which spread into Darfur, and is in the Temporary Assistance for Needy Fami- our country. Now, because of the program’s now moving into the Nuba Mountains. lies program face a penalty simply because success and the outreach of leaders like P.T., Madam Speaker, the Bashir government they are married. My legislation, the TANF many who were early critics are now ardent has shown blatant disregard for implementing Marriage Penalty Elimination Act, would re- the Comprehensive Peace Agreement (CPA) supports of the program. quire that all families are treated equally. which ended their civil war against the South, Mr. Wright understood that active engage- Madam Speaker, while the welfare reforms providing only more evidence that they do not ment with border stakeholders was critical in enacted in 1996 were by and large a tremen- take peace seriously and cannot be negotiated creating a foundation of trust and familiarity dous success, they included an unintended with. If the CPA fails, I have no doubt that the upon which to build positive long-term relation- consequence that my legislation seeks to cor- Bashir government will not only completely ships. He tirelessly traveled Southwest border rect. Under current law, States receive block wipe out the people of Darfur, but every other communities, including many in the Lone Star grant funding to help low-income parents train part of Sudan that does not fit into their racist State, to inform and educate border constitu- for and find jobs. The States are required to and inhuman agenda for the country. Madam ents as US–VISIT expanded to cover a wide engage 50 percent of single-parent families, Speaker, this corrupt and merciless regime array of border management developments but 90 percent of two-parent families. has absolutely no regard for the intrinsic value and initiatives. P.T.’s in-depth knowledge of This law unintentionally discourages our so- of innocent human life, and it must be held to the land border environment made him a cred- ciety’s most basic institution of marriage. My account if there is to be any hope for lasting ible voice. His candor and conviction won him legislation would require that States engage peace in Sudan. respect with border community leaders. And 50 percent of all families on welfare in work Madam Speaker, the U.S. Government has most importantly, P.T. gave border commu- preparation programs, eliminating the two-par- taken the leading role in resolving the conflict nities a voice in Washington as US–VISIT ent work rate that today constitutes a marriage in Sudan, from negotiating the end of the civil rolled out. penalty. war to providing more humanitarian aid than In addition to his outreach efforts along our My legislation follows previous bi-partisan any other country, and calling the international borders, P.T. has traveled across the world to efforts to eliminate the separate and higher community to seriously address the genocide demonstrate the advantages of biometrics as two-parent work rate for welfare. In each wel- in Darfur. However, without support from a powerful tool to improve the integrity of our fare reform reauthorization bill passed by this China which now has significant oil interests in immigration and border management system, House in recent years, language eliminating Sudan, and from other UN and Arab League to make us safer, and to facilitate legitimate this marriage penalty was included. Demo- member states that refuse to hold Bashir re- travel and trade. Thanks to leaders like P.T., cratic versions of this legislation included the sponsible for his policies of genocide, the cri- US–VISIT is on a path to continue to be a same provision. But for technical reasons, this sis cannot be resolved. world leader in the innovative use of bio- provision was not included in the welfare re- Today, Madam Speaker, as we once again form reauthorization legislation that the Presi- commemorate the resolution declaring the hor- metrics for identity management, transforming the world into a place in which legitimate inter- dent signed into law in 2006 as part of the rific atrocities continuing to occur in Sudan, Deficit Reduction Act. The National Governors’ may we resolve to do everything in our ability national travel is convenient, predictable and secure, and frankly difficult, unpredictable and Association and the Administration have ex- to hasten the day when the sunlight of free- pressed support for ending the higher two-par- dom shines on every one of those precious intimidating for those traveling for the wrong reasons. ent work rate, as this bill would do. human souls. I urge my colleagues to support this legisla- f P.T. Wright began his career with the former tion which would allow all States to provide U.S. Customs Service in 1973, and he has P.T. WRIGHT AND US–VISIT more consistent and effective services to all served with distinction in a number of key po- families on welfare without the unintended sitions at the Departments of the Treasury and penalties imposed on married couples. HON. MICHAEL T. McCAUL Homeland Security. In his management roles f OF TEXAS with U.S. Customs and Border Protection in IN THE HOUSE OF REPRESENTATIVES Dallas/Fort Worth, Texas; El Paso, Texas; PROCLAMATION HONORING THE Thursday, July 26, 2007 Nogales, Arizona; and Washington, DC, P.T. 100TH ANNIVERSARY OF THE NA- was intricately involved in the development of TIONAL GEOSPATIAL-INTELLI- Mr. MCCAUL of Texas. Madam Speaker, I customs policies for cargo examination and GENCE AGENCY’S BROADCAST rise today to recognize an extraordinary lead- processing, drug interdiction and traveler proc- WARNING DESK er, public servant and person, Mr. Phlemon essing. Thomas Wright, known to his friends as ‘‘P.T.’’ HON. CHRIS VAN HOLLEN After 34 years of outstanding service to the It is fitting that P.T.’s accomplishments and OF MARYLAND American people, P.T., currently the acting leadership were recognized last year with the IN THE HOUSE OF REPRESENTATIVES deputy director of the Department of Home- prestigious Presidential Rank Award for Meri- land Security’s (DHS) US–VISIT program, is torious Executive for his extraordinary con- Thursday, July 26, 2007 retiring from the Federal Government. tributions to our Nation’s welfare and security Mr. VAN HOLLEN. Madam Speaker, August P.T.’s retirement is a great loss to DHS. At during his extensive U.S. border management 19, 2007, will mark 100 years since the U.S. the same time, his many years of dedicated career. Navy Hydrographic Office issued its first service are a true testament to his commit- Mr. Wright has done more than manage broadcast of a navigational warning. This ment to protecting our country. government operations successfully; he has event began its mission of broadcasting infor- His most recent work with the US–VISIT become beloved by his colleagues within US– mation concerning hazards to navigation to program has made this initiative one of the VISIT and throughout the Federal Govern- ships at sea during an age when limited com- great successes in our efforts to strengthen ment. His sincerity, infectious sense of humor, munication methods and the lack of an inter- American homeland security. It is now the and leadership will be missed. He leaves national system made receiving this informa- world’s most innovative and integrated bio- some big, Texas-sized shoes behind to be tion difficult. In recognition of this 100th anni- metrics-based program. This is in no small filled. I commend P.T for his commitment to versary of broadcasting safety of navigation in- part due to leaders like Mr. Wright. Through excellence and his dedication to our country, formation, we honor all who have contributed his oversight and management of day-to-day and wish him the best in his future endeavors. to broadcasting maritime safety information.

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.006 E26JYPT1 hmoore on PRODPC68 with HMREMARKS E1628 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2007 On April 14, 1912, the sinking of the Titanic moving ceremonies and I can say that they rest of the world that the United States is not focused the world’s attention on navigation have a significant impact on the patients and bent on occupying other sovereign nations. It safety at sea. Following this tragedy, an inter- their families. will signal to the Iraqi people that they must national committee was formed to which the As a nurse and as Co-Chair of the House assume responsibility for their own govern- U.S. Navy Hydrographic Office became a Cancer Caucus, I understand firsthand the ment. Finally, it will allow our military the time major contributor. This committee monitored trauma that these children and their families it needs to re-focus on emerging threats to our ice conditions along the major Europe-to- suffer. I am so pleased to work with Steven as allies and to our Nation. America shipping routes, established specific he dedicates countless hours of his time to Mr. Speaker, this bill validates what the lifeboat capacity for passengers, and most im- bettering the lives of so many. He is a tireless American people have known for a long time: portantly, mandated that all vessels at sea advocate and greatly deserves recognition for our presence in Iraq must end, for the good of maintain a 24-hour radio watch. In 1921, the his efforts. I hope that you will join me in rec- our country and for the sake of those who U.S. Navy Hydrographic Office began broad- ognizing this generous volunteer. have laid their lives on the line to fight for it. casting navigational safety warnings worldwide f for all commercial and military shipping. f In 1977, the International Hydrographic Or- PERSONAL EXPLANATION ganization and the International Maritime Or- TRIBUTE TO RALPH NAPPI AND ganization established the World-Wide Naviga- HON. ADAM SMITH THE MAKE-A-WISH FOUNDATION tional Warning Service, WWNWS, to coordi- OF WASHINGTON OF THE MID-ATLANTIC REGION nate global radio broadcast service for infor- IN THE HOUSE OF REPRESENTATIVES mation about hazards to navigation that might Thursday, July 26, 2007 endanger international shipping. The WWNWS HON. CHRIS VAN HOLLEN divided the world into 16 Navigation Warning Mr. SMITH of Washington. Madam Speaker, OF MARYLAND Areas. The United States has been des- for the record, during consideration of H.R. IN THE HOUSE OF REPRESENTATIVES 3093 on rollcall 733, I voted ‘‘no’’, and meant ignated the coordinator for the two areas Thursday, July 26, 2007 along the Atlantic and Pacific Coast. As the to vote ‘‘aye.’’ responsible WWNWS coordinator on behalf of f Mr. VAN HOLLEN. Madam Speaker, there are few who are not familiar with the wonder- the United States, the National Geospatial-In- LIMITING USE OF FUNDS TO ES- ful work of the Make-A-Wish-Foundation of the telligence Agency, NGA, headquartered in Be- TABLISH ANY MILITARY INSTAL- Mid-Atlantic, Inc.—a non-profit organization thesda, MD, annually processes over 130,000 LATION OR BASE IN IRAQ messages, guaranteeing the continuous oper- that fulfills the wishes of children with life- ation of the WWNWS for the world’s ships. SPEECH OF threatening medical conditions to enrich their On this 100th anniversary, we recognize the lives with hope, strength and joy. One of the importance of maritime safety information and HON. DORIS O. MATSUI most successful Make-A-Wish chapters in the the NGA for supporting safety of life at sea OF CALIFORNIA country, the Mid-Atlantic Chapter, is through the broadcast of navigational warn- IN THE HOUSE OF REPRESENTATIVES headquartered in my congressional district, in ings. We also recognize the men and women Wednesday, July 25, 2007 Kensington, Maryland. of the NGA who carry on this legacy today. The gentleman most responsible for this re- Ms. MATSUI. Mr. Speaker, I rise in support f markable success—the Mid-Atlantic Chapter’s of this legislation—which I am proud to have President and CEO for 17 of its 24 years, Mr. HONORING STEVEN FIRESTEIN co-sponsored—that commits our Nation to Ralph Nappi—is retiring this month. AND KIDS CANCER CONNECTION changing course in Iraq. This House, and the During Ralph’s tenure, the Foundation has American people we represent, will not allow grown from fulfilling 40 wishes a year to more our involvement in Iraq’s civil war to continue HON. LOIS CAPPS than 400, having a significant impact on the indefinitely. OF CALIFORNIA lives of children in Maryland, Washington, DC, IN THE HOUSE OF REPRESENTATIVES Today’s bill makes it crystal clear that no permanent military bases will be built in Iraq. Northern Virginia and Delaware. Ralph has set Thursday, July 26, 2007 As such, it is proof that the new Congressional a standard of excellence that is a model for the other 71 chapters across the U.S. and the Mrs. CAPPS. Madam Speaker, today I rise leadership is focused on ending this war. It is 28 around the world. to pay tribute to Steven Firestein and Kids evidence of our dedication to the well-being Cancer Connection and the American Cancer and protection of our troops. And, above all Founded in 1983, the Make-A-Wish Founda- Fund for Children for the tireless work that else, it begins to implement a strategy to re- tion of the Mid-Atlantic, Inc. has fulfilled the they do on behalf of children suffering from assert our country’s proper role in the world. wishes of more than 5,600 children fighting ill- cancer. For these reasons, this legislation deserves nesses such as cancer, pediatric AIDS, cystic Los Angeles Mayor Antonio Villaraigosa pro- the unwavering support of each and every fibrosis, Duchene’s muscular dystrophy and claimed the week of December 11, 2006 as Member of this House. heart disease. Remarkably, it has granted the ‘‘Childhood Cancer Awareness Week’’ in the Mr. Speaker, we know that much of the wish of every courageous child referred to it city of Los Angeles, and since then, many strife taking place in Iraq has deep historical since its founding. Nationally, the Make-A- other cities have done the same. I am pleased and cultural roots. As a result, any resolution Wish Foundation has granted the wishes of to join Mayor Villaraigosa and Santa Barbara to the conflict will be political in nature and not 150,743 children—granting one wish every 41 Mayor Marty Blum in thanking Steven imposed through force. A central component minutes. Firestein, the founder of American Cancer of such a solution will require us to redeploy A wish fulfilled creates a memorable experi- Fund for Children and its sister organization, our troops from Iraq, and I am proud to have ence for a child fighting a life-threatening med- Kids Cancer Connection, for his hard work voted in favor of such a strategic shift along ical condition and gives that child something and dedication in assisting children and their with a majority of the new Democratic Con- wonderful to focus on rather than on medical families fighting cancer. gress. treatments and hospital visits. Recent wishes For over a decade, Steven has been pro- Unfortunately, this rational way forward has granted by the Mid-Atlantic chapter include viding critical services to children undergoing been blocked by a President whose insistence visiting Walt Disney World, taking a family va- cancer treatments at many hospitals, including on imposing a military solution has cost the cation to Australia, receiving a home com- Santa Barbara Cottage Hospital in my Con- lives of thousands of coalition forces and Iraqi puter, having a bedroom redecorated and gressional District. American Cancer Fund for civilians. The President’s strategy is not work- meeting the Backstreet Boys. Children provides hand-made caps for children ing, Madam Speaker. And along with a major- On behalf of my constituents in Maryland’s following the trauma of chemotherapy, surgery ity of my colleagues, I will continue to vote to Eighth Congressional District, especially those and radiation. The American Cancer Fund for change it. who have benefited from the wonderful work Children also sponsors Courageous Kid award Passing the bill before us today will help us of the Make-A-Wish Foundation, I congratulate ceremonies and hospital celebrations in rec- accomplish this goal. It will send an unmistak- Ralph Nappi on his outstanding leadership ognition of each child’s bravery and deter- able message to our Armed Forces that the and thank him for all that he has done. He will mination in his or her struggle against cancer. American people will not abandon them to a be missed greatly by many as he enjoys his I have been privileged to participate in these faraway civil war. It will demonstrate to the well-deserved retirement.

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JY8.010 E26JYPT1 hmoore on PRODPC68 with HMREMARKS July 26, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1629 CONGRATULATING KIMBERLY NI- Please join me today in congratulating Ms. individuals, families, towns, regions, even COLE MORGAN, MISS MIS- Kimberly Nicole Morgan. I am certain she will entire industries.’’ SISSIPPI 2007 represent our State in an extraordinary way. Much of the globalization debate is unpro- f ductive. Gene Sperling, a globalization- HON. BENNIE G. THOMPSON friendly, former Clinton aide, likens it to di- OF MISSISSIPPI A SERIOUS RESPONSE TO GROW- vorce court. ‘‘It is two sides simply mar- shaling every bit of evidence they can IN THE HOUSE OF REPRESENTATIVES ING INEQUALITY FROM AN UN- EXPECTED SOURCE against the other, with no nuance, no will- Thursday, July 26, 2007 ingness to look at cost and benefit.’’ Mr. THOMPSON of Mississippi. Madam HON. BARNEY FRANK Some business executives, prodded by poli- Speaker, I would like to congratulate the 2007 ticians such as House Ways and Means Chair- OF MASSACHUSETTS Miss Mississippi Pageant winner, Kimberly Ni- man Charles Rangel, finally are realizing cole Morgan. IN THE HOUSE OF REPRESENTATIVES that trade-friendly Democrats will be over- Kimberly, a 24-year-old native of Oxford, Thursday, July 26, 2007 whelmed by trade skeptics unless there is MS, is the daughter of Elzie and Valerie Mor- something tangible to offer workers worried Mr. FRANK of Massachusetts. Madam gan. Kimberly, a music teacher at Madison about their livelihoods and their children’s. Speaker, this morning David Wessel, writing in Shannon Palmer High School in Quitman A new Pew Global Attitudes survey finds the Wall Street Journal, called deserved atten- County, MS, is no stranger to wearing a Americans generally optimistic about the tion to the growing maldistribution of income in crown. A former Miss Alcorn State University next five years, but only 31% expect their 2005, she has also reigned as Miss Freshman our country. He observes that ‘‘. . . govern- children’s lives will be better than their own; Europeans are even more pessimistic. By 2001–2002 and Miss Southwest in 2006. She ments and businesses must come up with new ways to spread its’’ (globalization’s) ‘‘ben- contrast, 81% of the Chinese expect their currently serves as Miss Heritage, respec- children to do better. tively. efits more widely.’’ I commend the report to Kimberly obtained a bachelor’s degree in my colleagues and ask unanimous consent The Financial Services Forum report is, in vocal music from Alcorn State University in that Mr. Wessel’s article be printed here. part, a response to that. The specifics are in- 2006. She was actively involved in the ASU [July 26, 2007] triguing—not because they are the best solutions, but because they move beyond inad- GLOBALIZATION STUDY MOVES PAST RHETORIC Gospel Choir, Beaute Noire Modeling Squad, equate approaches such as making the fail- and the ASU Student Government Associa- Most of the policy briefs, working papers ing Trade Adjustment Assistance program tion. Kimberly won the coveted Miss Mis- and trade-association reports that cross a for dislocated workers a tad more generous. sissippi crown as the pageant celebrated its columnist’s desk slide easily into the trash Among the Proposals: Raise taxes on win- 50th anniversary. As Miss Mississippi, Kim- can or onto the read-someday pile. But a recent study on globalization, com- ners to share benefits of globalization more berly will compete in the Miss America pag- widely. Replace TAA and unemployment in- eant where she will spread her platform issue missioned by the Financial Services Forum, an association of the chief executives of 20 surance with a big new program for displaced G.O.T.M.I.L.K.!, Golden Opportunity Toward huge financial companies, ranging from workers that offers wage insurance to ease Music Increasing Literacy in Kids, a weekly American International Group and Citigroup the pain of taking a lower-paying job. Pro- after-school program of music instructions. to UBS and Wachovia, stands out. vide for portable health insurance and re- Kimberly understands that most children of CAPITAL EXCHANGE training. Create a way for communities to ensure their tax base against big factory clo- low income and rural communities lack lin- How should business and government sures. Eliminate tax hurdles for businesses guistic development, adaptation to their envi- spread globalization’s benefits? The analysis, that do what International Business Ma- ronment, basic child development, and overall written by a former member of President chines is proposing: Offer 50 cents for every school performance. G.O.T.M.I.L.K.!, is a Clinton’s Council of Economic Advisers, a $1 (up to $1,000 a year) that workers set aside method that can use music in the teaching of former member of President Bush’s and a to pay for training. reading to enhance motivation and the abilities former Bush Commerce Department official, of children because the subject has so many says: ‘‘The greatest risk to our economy is dis- similarities. Her goal is to teach everyone to (1) Globalization is good for the U.S. econ- engaging from the world economy,’’ says become proficient in reading, writing, and omy. (No surprise coming from a bunch of fi- Grant Aldonas of the Center for Strategic nancial firms that make money doing busi- and International Studies think tank, one of mathematics as well as aims for students to ness across borders.) the report’s three authors. ‘‘The nature of become proficient in making and learning (2) Gains from globalization aren’t evenly the conversation has to change for us to suc- music. shared. (A little surprising, but in the past ceed. We are renegotiating the social con- ‘‘Words can’t express what I am feeling,’’ couple of years, there has been a willingness tract in America, but we’re letting it be done Morgan said after being crowned by Miss Mis- among business to publicly acknowledge by the United Auto Workers and Delphi, and sissippi, ‘‘God has answered my prayers’’. that economic reality.) leaving a lot of others out—including the Kimberly, the second African-American woman (3) To avoid a backlash against poor and the businesses on the leading edge.’’ crowned Miss Mississippi during its 50 year globalization, governments and businesses must come up with new ways to spread its Mr. Aldonas and his co-authors, Dart- history, won a scholarship and hopes to be- mouth’s Matthew Slaughter and Harvard’s come the fifth Mississippian to win the Miss benefits more widely and assist those hurt by all sorts of economic change. (Very sur- Robert Lawrence, argue that public policy America Pageant. Kimberly was chosen from prising, more like a Democratic candidate’s can spread the benefits of globalization more a field of 47 contestants during the week-long talking points than a report issued and pro- widely. They say the U.S. need not accept as pageant. This is an enormous step for Mis- moted by an outfit led by Citigroup Chief Ex- inevitable the steady widening of the gap be- sissippi and its progress towards African- ecutive Charles Prince and Don Evans, the tween economic winners and losers, an in- American women breaking through the color former Bush commerce secretary. equality that threatens to produce barriers barrier by successfully competing as equals What’s Going On? Business interests with a to trade, investment and immigration that and being considered equally as intelligent, strong stake in globalization—international will hurt U.S. prosperity. beautiful human beings. operations account for nearly half The forum is hawking the analysis to Ms. Morgan, a god-fearing, family-oriented, Citigroup’s second-quarter profit—see rising Democrats and Republicans. Merrill Lynch public anxiety about globalization as a selfless woman has had the same dreams of bought an ad promoting it in a Capitol Hill threat. And they realize that preaching the newspaper. Now the question is whether music, education, mentoring to the youth, and gospel of comparative advantage isn’t going pageants since the age of 7. After viewing a business will go beyond talk. As C. Fred to win the debate. Bergsten, head of the Peterson Institute for Miss Mississippi Pageant as a child, Kimberly ‘‘The mounting opposition is in response to International Economics think tank puts it: proclaimed to her classmates that she wanted the other side of globalization—outsourcing ‘‘They haven’t gone to the mat and talked to to be Miss America. ‘‘All the other kids were of jobs, economic dislocation, anxiety and Charlie Rangel and Democrats who are wa- fear,’’ the forum said in an internal planning saying they wanted to be doctors and lawyers, vering, if not worse, and said, ‘We want to document early this year. ‘‘Making the case and I raised my hand and said I wanted to be support a meaningful program of wage insur- for trade and globalization requires . . . a Miss America.’’ ance, and we’ll be willing to give up some of list of specific, meaningful, practical, cost- our beloved tax breaks to pay for it.’’’ I am very proud of Ms. Morgan and all of efficient, and effective public- and private- her accomplishments. She is truly a vision of sector responses to the reality that while the One troubling sign: Although forum chief grace and beauty, and I look forward to seeing aggregate benefits of free trade and executives issued statements blessing the her represent the State of Mississippi in the globalization are tremendous, it can some- new report, not one has been willing to talk Miss America Pageant in 2008. times bring with it painful dislocations for to a Wall Street Journal reporter about it.

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JY8.015 E26JYPT1 hmoore on PRODPC68 with HMREMARKS E1630 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2007 HONORING ANNE SALAZAR cially caring for those who have sacrificed so HONORING DAVID WOODLEY much in defense of our great nation, requires PACKARD HON. MIKE THOMPSON both leadership and expertise. Without a OF CALIFORNIA doubt, Angelo Rotella has both. HON. ZOE LOFGREN IN THE HOUSE OF REPRESENTATIVES The owner and administrator of the Friendly OF CALIFORNIA Home and Berkshire Place skilled nursing fa- IN THE HOUSE OF REPRESENTATIVES Thursday, July 26, 2007 cilities in Rhode Island, Angelo also serves as Thursday, July 26, 2007 Mr. THOMPSON of California. Madam Chair of the American Health Care Associa- Speaker, I rise today to honor Anne Salazar tion, AHCA, which represents nearly 11,000 Ms. ZOE LOFGREN of California. Madam from the Napa Valley, who is retiring from Ste. nursing homes, assisted living residences, and Speaker, this evening at the Library of Con- Michelle Wine Estates after 20 years working facilities for the care of people with mental re- gress, David Woodley Packard, president of at Conn Creek Winery and Villa Mt. Eden pre- tardation and developmental disabilities. the Packard Humanities Institute (PHI), will of- mium wineries, and has helped establish In October, Angelo will conclude his term as ficially transfer the 415,000-square-foot Pack- these both as two most desirable destinations Chair of the AHCA. A healthcare professional ard Campus in Culpepper, VA, to the Library in the Napa Valley. with more than twenty years of long term care of Congress to house what is the world’s larg- Ms. Salazar immigrated to the United States experience, Angelo has been an elected lead- est and most comprehensive collection of from England in 1960 and arrived in the Napa er of AHCA for more than a decade and has moving images and sound recordings. Valley in 1979. Growing up in Europe, wine also served in many leadership roles with the As a member of the Joint Committee on the was always present in her life, and after arriv- Rhode Island Health Care Association. In ad- Library, I want to commend the board mem- ing in the Napa Valley she translated her inter- dition to these responsibilities, he maintains bers of the Packard Humanities Institute and, est into a long career in Napa wines. She professional membership in the National Fire in particular, its president, David Woodley began her work as Assistant Hospitality Man- Protection Association and the National Health Packard, for making this new facility possible. ager at Domaine Chandon in 1980, but her Lawyers Association. It is truly a gift to the Nation whose creative excellent work and passion for wine earned Angelo’s first-hand knowledge of facilities heritage in sound and image will for the first her a quick promotion to Hospitality Manager and experience at the state level make him a time be consolidated in one state-of-the-art fa- in 1982. In 1987 she was hired by Conn formidable advocate for quality long term cility. I also want to note the generosity of the Creek and Villa Mt. Eden Wineries as Hospi- care—one who appreciates the challenges Packard Humanities Institute to my home state tality and Guest Services Manager, and she ahead while working now to ensure that all of California: the UCLA Film Archive and the has remained there since that time. Americans will continue to have access to the restoration of the Stanford Theatre in Palo Alto In her position with Ste. Michelle Wine Es- best care. and the San Jose Fox Theater for the San tates, Ms. Salazar has been crucial to devel- Madam Speaker, I salute my good friend Jose Opera. oping the brand for the very special wines Angelo Rotella for his years of service with the Constructed by the Packard Humanities In- they produce in the Napa Valley. Ms. American Health Care Association, and for his stitute, the three-building facility represents the Salazar’s love of wine and expert touch have example to those who care for our Nation’s largest-ever private gift to the U.S. legislative educated many visitors about the more than most vulnerable citizens. He has truly made a branch of government and one of the largest 45 ‘‘90+ scores’’ which these wines have re- difference in countless lives, and I know my ever to the Federal Government. The Packard ceived in major wine publications. Her excel- colleagues will join me in expressing our ap- Campus will consolidate audiovisual collec- lent work has earned the esteem of her co- preciation for his efforts. Congratulations, An- tions and will enhance the Library’s efforts to workers, and has provided excellent guidance gelo, and thanks for all you have done. preserve and make accessible its collections of moving images and sound recordings. I throughout the continued development of f these two wineries. also want to commend my colleagues in the Beyond her work in the wineries, Ms. LIMITING USE OF FUNDS TO ES- Congress who have provided an additional Salazar has made significant contributions to TABLISH ANY MILITARY INSTAL- $82.1 million to support operations, mainte- our community in the Napa Valley and be- LATION OR BASE IN IRAQ nance, equipment and related costs for this yond. She is an active member of the magnificent facility. SPEECH OF In closing I want to commend the Librarian Silverado Wine Trail Association, and for of Congress, Dr. James H. Billington, for his many years she has helped with the fund- HON. ANNA G. ESHOO commitment to the preservation of our Na- raising for the City of Stockton’s Pixie Woods OF CALIFORNIA tion’s audio-visual heritage. Under his leader- children’s park. In her free time she is an avid IN THE HOUSE OF REPRESENTATIVES ship, Congress approved P.L. 105–144 in hiker and reader, and looks forward to spend- Wednesday, July 25, 2007 1997 to authorize the unique public-private ing lots of time with her children and grand- partnership that has resulted in the facility now children. Ms. ESHOO. Mr. Speaker, I rise in support being transferred to the Federal Government Madam Speaker and colleagues, it is appro- of this legislation which sets into law two very for the Library of Congress. priate at this time that we rise to honor Ms. important and straightforward policies: Anne Salazar and congratulate her on her re- (1) Congress shall provide no funding to f tirement from Ste. Michelle Wine Estates, support a permanent military presence in Iraq; TRIBUTE TO MR. RAYMOND where she has been an important part of their and HENRY WOOD success for many years. Anne is a friend and (2) Congress will not support any policy to during her tenure in the Napa Valley she has exercise U.S. control of Iraq’s oil reserves. These policies are important because they HON. KIRSTEN E. GILLIBRAND earned the admiration of many, and her pres- OF NEW YORK deliver a clear message to the Iraqi people ence will be missed. IN THE HOUSE OF REPRESENTATIVES f that the U.S. presence is not open-ended, and that the resources of Iraq belong to the Iraqi Thursday, July 26, 2007 A TRIBUTE TO ANGELO ROTELLA people. Mrs. GILLIBRAND. Madam Speaker, I rise Today, fully 80 percent of Iraqis believe the today to pay tribute to one of the newest cen- HON. JAMES R. LANGEVIN U.S. intends to remain indefinitely in their tenarians my congressional district, Mr. Ray- OF RHODE ISLAND country. This fuels insurgent attacks against mond Henry Wood of Glens Falls, New York. IN THE HOUSE OF REPRESENTATIVES our troops and discourages Iraqi security Ray was born and raised in Wells, New forces from taking control of their commu- York, on July 26, 1907. He was married to Thursday, July 26, 2007 nities. Irene (Robbins) for over 50 years, before she Mr. LANGEVIN. Madam Speaker, I rise Terrorists use the claim that the U.S. ‘‘occu- passed away several years ago. They had two today to pay tribute to an outstanding friend pation’’ is a ploy to steal the region’s oil, and daughters, Beverly Palmer, who passed away and fellow Rhode Islander, Mr. Angelo S. with it its economic future. in June of this year; and Bonnie Dow, who re- Rotella, Esq. This bill helps to eliminate the deep sus- sides with her husband Ralph in Gansevoort, Our Nation faces a considerable public picions which exist and they take an important NY. Ray has several grandchildren, great health challenge in providing for the long term step forward to change the direction of the grandchildren and great-great grandchildren. care needs of frail, elderly, and disabled Iraq war. Ray worked many years delivering milk in Americans. Meeting this challenge, and espe- I urge my colleagues to support the bill. the local area for Borden’s Dairy. He loved to

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.018 E26JYPT1 hmoore on PRODPC68 with HMREMARKS July 26, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1631 attend auctions and estate sales where he On rollcall No. 733, I would have voted turn profits to its shareholders—but for a com- would purchase antiques. He refinished many ‘‘aye.’’ pany that has the respect and admiration of of the treasures he discovered in his work- f those who purchase the tickets and go to work shop, for his home or to resell. Ray was a everyday for the company. For the 10th year high scoring bowler into his late 90’s, bowling TRIBUTE TO DR. MARLENE in a row, Fortune magazine honored South- a 207 at the age of 95, and won the senior’s SPRINGER west Airlines in its annual survey of corporate league award. He is still an avid coin collector reputations. Furthermore, among all industries and has the latest set of the ‘‘State’’ quarters. HON. VITO FOSSELLA in 2006, Fortune has also ranked Southwest Ray also loved to play pool, and often invited OF NEW YORK Airlines as number three among America’s his friends and neighbors to play on his table IN THE HOUSE OF REPRESENTATIVES Top Ten most admired corporations. I have had the pleasure of knowing and in his basement. Thursday, July 26, 2007 Ray resides on Raymond Avenue in Glens working with Herb for many years, and I wish Falls, New York, where his neighbors were Mr. FOSSELLA. Madam Speaker, I want to him all the very best for a well-earned retire- blessed with his invariable kindness and gen- extend my congratulations to Dr. Marlene ment next year. However, knowing Herb, he erosity for over 50 years. He always included Springer, second president of the College of will continue to work very hard for Southwest his neighbors’ sidewalks when clearing snow Staten Island, the City University of New York, Airlines until the day that he leaves the office with his snowblower. He was quick to assist on the occasion of her retirement. for the last time. He may be leaving the airline any and all whenever he saw someone who Dr. Springer has served CSI as its president that he helped to create, but his legacy will needed aid in any fashion. It was after his from 1994 through August of this year. In never leave the spirit that is Southwest Air- 95th birthday that he told a friend that he re- these 13 years of leadership, Dr. Springer ad- lines. gretfully could no longer push his snowblower vanced campus technology, established pub- f or mow his lawn. Ray is a true gentleman with lic-private partnerships, initiated an inter- a great sense of humor, and a beguiling spar- national distance education program, devel- PERSONAL EXPLANATION kle in his eyes. oped an international high school on campus, Ray will be honored at an open house on increased the College’s enrollment to record HON. KEITH ELLISON Saturday July 28, 2007, at the Gansevoort levels, and strengthened academic standards. OF MINNESOTA Fire House, to celebrate his 100th birthday. In addition to a variety of other honors and IN THE HOUSE OF REPRESENTATIVES Ray’s daughter Bonnie and her husband accolades, she was selected as one of only Thursday, July 26, 2007 Ralph Dow will host the party. four U.S. delegates to the Annual International Madam Speaker, I would like to urge all of Forum of Female Presidents in Higher Edu- Mr. ELLISON. Madam Speaker, on July 24, my colleagues to join me in wishing Ray cation in Beijing, and is also one of seven 2007, I inadvertently voted ‘‘aye’’ on rollcall Wood a most happy 100th birthday and to U.S. college presidents who founded The Ox- No. 692, an amendment to the Transportation thank him for his innumerable acts of kindness ford Conclave on Global Ethics. and Housing and Urban Development Appro- to neighbors and strangers alike over his long She has made CSI a recognized leader lo- priations Bill, H.R. 3074. I intended to vote life. Thank you. cally, nationally, and internationally; Staten Is- ‘‘no’’ on the amendment, which would impose an unacceptable cut to Amtrak. I am pleased f landers are proud of her and of ‘‘their college.’’ I would like to publicly thank Dr. Springer for that my colleagues did not support this PERSONAL EXPLANATION her outstanding leadership, and I wish her all amendment, and I congratulate the gentleman the best in her future endeavors. from Massachusetts, Transportation and Housing and Urban Development Chairman HON. YVETTE D. CLARKE f OF NEW YORK JOHN OLVER who provided such important IN THE HOUSE OF REPRESENTATIVES IN HONOR OF HERB D. support for transportation and Amtrak. KELLEHER’S RETIREMENT AS f Thursday, July 26, 2007 EXECUTIVE CHAIRMAN OF Ms. CLARKE. Madam Speaker, on rollcall SOUTHWEST AIRLINES IN COMMEMORATION OF THE MAR- No. 716, I was unavoidably absent. Had I QUIS DE LAFAYETTE’S 250TH been present, I would have voted ‘‘yea.’’ HON. PETE SESSIONS BIRTHDAY CELEBRATION IN On rollcall No. 717, I would have voted FAYETTEVILLE, NC OF TEXAS ‘‘yea.’’ On rollcall No. 718, I would have voted IN THE HOUSE OF REPRESENTATIVES HON. MIKE McINTYRE ‘‘yea.’’ Thursday, July 26, 2007 OF NORTH CAROLINA On rollcall No. 719, I would have voted Mr. SESSIONS. Madam Speaker, I rise to IN THE HOUSE OF REPRESENTATIVES ‘‘yea.’’ pay tribute to an aviation legend who recently Thursday, July 26, 2007 On rollcall No. 720, I would have voted announced his plan to retire next May. Herb ‘‘no.’’ Mr. MCINTYRE. Madam Speaker, on behalf Kelleher is a founder of Southwest Airlines On rollcall No. 721, I would have voted of the citizens of Fayetteville, NC, I rise today and currently serves as its Executive Chair- ‘‘no.’’ to pay tribute to their upcoming celebration on man, a position that he has held since the On rollcall No. 722, I would have voted September 6–8 in honor of Marquis de Lafay- spring of 1978. From the fall of 1981 to the ‘‘no.’’ ette. Fayetteville, the first City in the United On rollcall No. 723, I would have voted summer of 2001, Kelleher also served as States named for Lafayette, will rightly cele- ‘‘aye.’’ President and Chief Executive Officer of brate Lafayette’s 250th birthday with great On rollcall No. 724, I would have voted Southwest Airlines. celebration and splendor. In honor of this spe- ‘‘no.’’ Southwest started its operations in 1971 cial time, I am entering into the CONGRES- On rollcall No. 725, I would have voted with just three airplanes. Today, it operates a SIONAL RECORD this special tribute which de- ‘‘aye.’’ fleet of 489 airplanes with orders for many tails the relationship between Fayetteville and On rollcall No. 726, I would have voted more 737s. Home-based at Dallas Love Field, Lafayette. Happy Birthday to Lafayette and ‘‘no.’’ I am proud to represent many Southwest Air- congratulations to the City of Fayetteville, NC! On rollcall No. 727, I would have voted lines employees that live in the 32nd Congres- Marquis de Lafayette, born on September ‘‘no.’’ sional District of Texas. Southwest Airlines 6, 1757, is considered a national hero in both On rollcall No. 728, I would have voted has been profitable for 34 consecutive years, France and the United States for his partici- ‘‘aye.’’ a feat that is impressive for any business, but pation in the American and French Revolu- On rollcall No. 729, I would have voted for an airline to be profitable for 34 consecu- tions, and is one of only six Honorary Citi- ‘‘no.’’ tive years, given all of the challenges and zens of the United States, and whose por- On rollcall No. 730, I would have voted tough competition in the aviation industry, is trait, along with that of our first President truly impressive. Southwest Airlines prides George Washington, hangs in this very ‘‘aye.’’ chamber. On rollcall No. 731, I would have voted itself on never having furloughed an employee Lafayette served heroically and with dis- ‘‘aye.’’ during its history. tinction during the American Revolution On rollcall No. 732, I would have voted Kelleher’s vision for Southwest Airlines was both as a general and as a diplomat, offering ‘‘aye.’’ not to produce a company that would just re- his services as an unpaid volunteer.

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.022 E26JYPT1 hmoore on PRODPC68 with HMREMARKS E1632 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2007 Lafayette’s first battle in the American States annually from the Fund in order to en- DEPARTMENTS OF LABOR, Revolution was at Brandywine, where he sure stable funding for victim service providers HEALTH AND HUMAN SERVICES, fought courageously and was wounded; he in the field. Both the House and the Senate AND EDUCATION, AND RELATED also served with distinction in various other AGENCIES APPROPRIATIONS engagements including the surrender of the CJS subcommittees have included a $625 mil- British army at Yorktown. lion cap for FY 2008. This would be the fifth ACT, 2008 In 1783 the two colonial villages of Cross year in a row without an increase in the total Creek and Campbellton were merged by the VOCA cap. SPEECH OF and named Fayetteville, North Carolina—the first city in the United States named for La- Due to increasing claims, VOCA Compensa- HON. CAROLYN B. MALONEY fayette—and the only one named for him tion Grants rose $22.3 million in FY07 and are OF NEW YORK that he actually visited. expected to rise by at least $5.6 million in IN THE HOUSE OF REPRESENTATIVES In 1789, the General Assembly and Con- stitutional Convention met in Fayetteville, FY08. The Poe-Costa Amendment will in- Thursday, July 19, 2007 North Carolina, where delegates ratified the crease the VOCA cap by $10 million in FY United States Constitution, chartered the 2008 to help prevent cuts to VOCA Victim As- The House in Committee of the Whole House on the State of the Union had under University of North Carolina, and ceded the sistance Grants. state’s western lands to form the state of consideration the bill (H.R. 3043) making ap- Tennessee. Crime victims are our sons and daughters, propriations for the Departments of Labor, During Lafayette’s tour of the United sisters and brothers, parents and neighbors Health and Human Services, and Education, States as ‘‘The Guest of the Nation,’’ he was who are struggling to survive in the aftermath and related agencies for the fiscal year end- entertained in Fayetteville on the 4th and ing September 30, 2008, and for other pur- of crime. They deserve services, and our sup- poses: 5th of March, 1825, by the leading citizens of port to help them cope. I urge all of my col- the state and community, including Gov- Mrs. MALONEY of New York. Madam leagues to support this important amendment. ernor Hutchins G. Burton. Chairman, I rise today in support of the FY08 Upon the death of Lafayette in 1834, the Labor, Health, and Human Services, Edu- City of Fayetteville held a large memorial f service and eloquent eulogium on his char- cation Appropriations Act. This legislation in- acter and services. RECOGNIZING THE COMMUNITIES cludes valuable funding for the health care Upon the bi-centennial of the naming of OF GAHANNA AND WESTER- needs of the heroes and heroines of 9/11. I Fayetteville in 1983, the Lafayette Society VILLE, OHIO commend Chairman OBEY for his effort to in- and General Lafayette’s great-great grand- clude $50 million for their treatment. son, The Count Rene de Chambrun, unveiled H.R. 3043 will make college more affordable a statue of General Lafayette in the Down- by increasing the maximum Pell Grant by town Historic District. HON. PATRICK J. TIBERI The city of Fayetteville, North Carolina, $390 while providing $2 billion more than last OF OHIO will have three days of celebration, Sep- year for No Child Left Behind programs. It ex- tember 6–8, 2007, to the 250th birthday of its IN THE HOUSE OF REPRESENTATIVES pands access to health care for the uninsured namesake Marquis de Lafayette. and provides and increases funding for the The great City of Fayetteville is to be Thursday, July 26, 2007 National Institutes of Health by $750 million commended for honoring this great national over last year. hero and is ‘‘Where North Carolina Cele- Mr. TIBERI. Madam Speaker, it is with great However, I do oppose a policy provision brates Lafayette’s Birthday.’’ pleasure that I rise to recognize the commu- contained in H.R. 3043 which concerns the f nities of Gahanna and Westerville, Ohio. Both National Institutes of Health public access pol- PROVIDING FOR CONSIDERATION have been ranked by Money magazine as two icy. The act would change the current vol- OF H.R. 3093, COMMERCE, JUS- of the 100 best places to live in the Nation. untary policy by mandating that final manu- TICE, SCIENCE, AND RELATED Praised for their economic opportunity, qual- scripts reporting on NIH-funded research be AGENCIES APPROPRIATIONS ity school systems, and safe and hospitable submitted to the NIH National Library of Medi- ACT, 2008 neighborhoods, Gahanna and Westerville are cine’s PubMed Central for worldwide distribu- truly desirable places to live. As a life-long tion. This change would set a dangerous SPEECH OF neighbor of both communities, I have been precedent for government action, by infringing on the rights of the copyright holders of these HON. JIM COSTA witness to the kindness of both communities articles. I believe strongly that the policy is OF CALIFORNIA every time I pass through. best left in its current voluntary form to provide IN THE HOUSE OF REPRESENTATIVES The friendly atmosphere cultivated by the flexibility and allow copyright holders to man- Wednesday, July 25, 2007 members of both communities is engaging age their investments in scientific research Mr. COSTA. Mr. Chairman, I rise in strong and welcoming, making them a wonderful while maintaining the accuracy of this data. support of the Poe-Costa-Moore amendment place to call home. The rankings by Money Publishers in my district invest hundreds of to the CJS Appropriations Act. The Victims of magazine are true testaments to the Buckeye millions of dollars to ensure that the results of Crime Act (VOCA) Fund was created by Con- spirit, which both areas adequately represent. scientific research are peer reviewed, pub- gress in 1984 to provide Federal support to I offer my congratulations to Mayor Becky lished and disseminated as widely as possible. Although public dollars are used to fund the Federal, State, tribal and local programs that Stinhcomb of Gahanna, Mayor Diane research, the peer review and publishing proc- assist victims of crime. And this fund is de- Fosselman of Westerville and the members of rived entirely from fines and penalties paid by ess is completely funded by private sector both communities. All have created wonderful offenders at the Federal level, not taxpayer non-profit and commercial publishers. A unilat- places for Central Ohioans to call home. revenues. eral requirement that these articles be posted VOCA funds several important national pro- for free on PubMed Central, ignores the crit- grams, such as the Children’s Justice Act, Vic- f ical role that publishers play in the scientific tim Notification System, and the U.S. Attor- process. This requirement also ignores a long- PERSONAL EXPLANATION ney’s office. It also funds Victim Compensation standing principle that the government should Grants that provide funds to states to reim- not be involved in the taking of copyrighted burse victims for out-of-pocket expenses, pri- works—and in this case, without providing any marily medical costs and lost wages. Finally, HON. KEITH ELLISON compensation. That is exactly what a man- Victim Assistance Grants to states are also OF MINNESOTA dated policy would do. Moreover, once manuscripts are deposited funded through VOCA. These grants go to IN THE HOUSE OF REPRESENTATIVES States which support direct victim assistance in PubMed Central, these copyrighted works services. It is estimated that 4,400 agencies Thursday, July 26, 2007 would be available for anyone to download the depend on continued VOCA Victim Assistance material, free of charge and without any geo- Grant funding to serve 3.8 million victims a Mr. ELLISON. Madam Speaker, on July 24, graphic or time restrictions. Under the current year. 2007, I inadvertently failed to vote on Flake policy publishers still retain control and volun- Congress began setting a cap in the appro- Amendment to H.R. 3074 (Rollcall No. 694). tarily make their articles available for free pub- priations process on the amount dispersed to Had I voted, I would have voted ‘‘no.’’ lic access while retaining their copyright.

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.027 E26JYPT1 hmoore on PRODPC68 with HMREMARKS July 26, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1633 Under a mandatory policy authors and pub- CONGRATULATING THE WINNERS Ms. Deborah J. Spero of Reston, Virginia, for lishers would be required, as a matter of prac- OF THE 70TH ANNUAL ALL- her service to the U.S. Customs and Border tical effect, to give up any reasonable prospect AMERICAN SOAP BOX DERBY Protection Agency as Deputy Commissioner. of protecting their copyrights. Ms. Spero has served this Nation with honor Madam Chairman, I believe that the NIH HON. STENY H. HOYER and distinction for 37 years, and I commend can achieve the laudable goals it has set by OF MARYLAND her for her dedication to public service and implementing the public access policy without IN THE HOUSE OF REPRESENTATIVES tireless efforts to ensure the safety of our Na- infringing on publishers’ copyrights. However, Thursday, July 26, 2007 tion. this can only be done if the policy is left in its After the attacks of September 11th, with Mr. HOYER. Madam Speaker, I rise today the creation of the Department of Homeland current form and not mandated. I urge my col- to congratulate the winners of the 70th Annual leagues who will be conferencing on the Security, Ms. Spero was called upon to help All-American Soap Box Derby—one of whom, shape the newly established U.S. Customs Labor/HHS Appropriations bill to take these I am proud to say, is one of my neighbors and issues into consideration when they finalize and Border Protection Agency, where border constituents from Mechanicsville, Maryland. security, U.S. Customs Service, Immigration the legislation so that the copyright protections On July 21, 550 soap box champions from and Naturalization Service, and the Depart- that are so critical to the continued advance- 183 cities in 43 states gathered in Akron, Ohio ment of science and scientific knowledge will to compete for the National Championship. In ment of Agriculture, were integrated. Ms. be fully preserved. the Stock Division, Tyler Schoff took home Spero’s knowledge and experience made her first place. In the Super Stock Division, An- the logical fit to lead this most important tran- f drew Feldpausch bested the field to earn a sition, which she met with strength and resil- national title as well. And in the Master’s Divi- iency. REINTRODUCTION OF 9/11 CAN YOU sion, Kacie Rader, of Maryland’s Fifth District, In 2004, Commissioner Robert C. Bonner HEAR ME NOW ACT took the National Championship after winning appointed Ms. Spero as Deputy Commis- the Greater Washington Soap Box Derby in a sioner, and, in 2006, she served ably as Act- race held right here on the Capitol grounds. ing Commissioner for six months. After the HON. CAROLYN B. MALONEY Kacie is the first racer from the National Cap- confirmation of Commissioner Ralph Basham, OF NEW YORK ital region—or the entire state of Maryland for she resumed her duties as Deputy Commis- sioner and has continued to lead U.S. Cus- IN THE HOUSE OF REPRESENTATIVES that matter—to win a National Championship. Kacie, who started her racing career at the toms and Border Protection through the many Thursday, July 26, 2007 age of 7, has worked tirelessly to earn such a challenges it faces to secure our Nation’s bor- noteworthy win. Last year alone, Kacie com- ders. Mrs. MALONEY of New York. Madam peted in 40 Soap Box Derby events and trav- Ms. Spero’s commitment to this Nation is re- Speaker, today, along with Representatives eled to 6 different states over 20 weekends to flected in the many accolades she has SHAYS and WEINER, I am reintroducing the ‘‘9/ compete. Kacie, who will be beginning her amassed over her career. In 1999, she re- 11 Can You Hear Me Now Act.’’ senior year at Chopticon High School in the ceived the Distinguished Presidential Rank The attacks on the World Trade Center in fall, will now continue on to Indiana for the Na- Award for her extraordinary accomplishments 1993 and on September 11, 2001, exposed tional Derby Rally Championship where she within the Customs Service and the federal serious communication problems for the New will be ranked number one in points. I along government community. Additionally, in 2004, York City Fire Department, FDNY. Since these with the people of Maryland wish her the best Ms. Spero received the Meritorious Executive attacks, there have been major efforts to im- of luck. Presidential Rank Award for her unparalleled prove the FDNY’s communication system, but My congratulations go out to Kacie, Tyler, accomplishment and service, and in 1996 she much more needs to be done. There can be Andrew, and everyone who participated in was the recipient of the Meritorious Executive no doubt that New York is a top terrorist target what has become a national tradition over the Presidential Rank Award for her major accom- and the lack of a fully functional communica- last seven decades. The All-American Soap plishments as an executive. tions system is a threat not only to FDNY and Box Derby is one of the oldest road races in Madam Speaker, I wish to commend Ms. New York residents’ lives but also to all those America today—second only to the Indianap- Spero for her many years of service to our who visit there. olis 500. And those who compete in this race Nation and I am proud to have her live in Vir- The protection of New York City has be- are part of a long-standing legacy that high- ginia’s 8th Congressional District. This Nation come a national responsibility. Other cities lights the best that American youths have to will lose a proud servant when she leaves of- with tall buildings throughout the country face offer. fice on August 3, 2007. I wish all the best to the same challenges with their communication That is because it takes more than just ath- her and her family in her retirement. letic prowess to be a champion soap box systems and will need the same upgrades. Im- f provements in New York will lay the ground- racer. It takes imagination and creativity to de- work for improvements to communications sign a vehicle that has the durability, handling IN SUPPORT OF THE MILITARY systems across the country. and speed needed to win. It takes hard work DRAFT and diligence to build a racer once it has been The ‘‘9/11 Can You Hear Me Now Act’’ in- designed. And it takes intelligence and grace structs the Department of Homeland Security, HON. CHARLES B. RANGEL under pressure to successfully command a OF NEW YORK DHS, to provide the FDNY with a communica- soap box racer in a racing environment. IN THE HOUSE OF REPRESENTATIVES tion system that must be capable of operating Once again, I offer my congratulations to in all locations and under the circumstances everyone that participated in the ‘‘greatest Thursday, July 26, 2007 we know firefighters face and will continue to amateur racing event in the world.’’ And I want Mr. RANGEL. Madam Speaker, I rise in face when responding to an emergency in to thank Kacie Rader, of Mechanicsville, Mary- support of the reinstatement of the military New York City. land, for bringing national acclaim to Mary- draft, which will ensure that the burden of war This bill would require a communication sys- land’s Fifth District by winning the All-Amer- is shared by all residents of this great country. tem that includes three components—radios, ican Soap Box Derby Master’s Division Cham- All Americans should be given the oppor- dispatch system and a supplemental commu- pionship. tunity to prove their patriotism. We should all nication device. It would require it to work in f share in the sacrifices being made by our ex- all buildings and in all parts of the city. The RECOGNIZING THE ACCOMPLISH- hausted troops. It is a fact that most of these supplemental communication device would MENTS OF DEPUTY COMMIS- volunteer troops come from economically de- allow firefighters to transmit an audible emer- SIONER DEBORAH J. SPERO pressed small towns and rural areas. As gency distress signal when a firefighter is in shown in a recent report by the Congressional need of immediate assistance, and DHS Budget Office, children of society’s affluent are would work with the City of New York in their HON. JAMES P. MORAN the least represented class of Americans in OF VIRGINIA planned upgrades of the emergency 911 sys- the Armed Forces. IN THE HOUSE OF REPRESENTATIVES tem and any interoperability initiatives with Sacrifices for America should not be made other public safety communication systems. Thursday, July 26, 2007 only by those who are less fortunate. The bur- I urge all of my colleagues to support this Mr. MORAN of Virginia. Madam Speaker, I den of war should be shared by all who enjoy important legislation. rise today to honor the accomplishments of the privileges and rights that our citizenship

VerDate Aug 31 2005 06:03 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.031 E26JYPT1 hmoore on PRODPC68 with HMREMARKS E1634 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2007 grants. My bill to reinstate the draft would en- 1964. The effects of this legislation reverber- declaration that the tragedy in Darfur truly is a sure that. It not only provides the manpower ated across the country as those who had genocide. That declaration, as well as former necessary to restore our exhausted troops but been forced into the shadows and treated as Secretary of State Colin Powell’s declaration, repairs the broken military. Furthermore, with second-class citizens were brought into the was intended to clearly delineate to the inter- a draft in place, decision-makers would be light and granted the rights and opportunities national community the true extent of the dev- more cautious about sending America’s sons they long deserved. astating death, destruction, rape and other and daughters into harm’s way. While we have made great strides, this fight human rights violations. is not over. Justin Dart Jr., who was widely I believe our troops should be withdrawn Over the years, my colleagues and I have recognized as ‘‘the father of the Americans from Iraq as soon as possible. But as long as given a number of speeches about Sudan and with Disabilities Act’’ and ‘‘the godfather of the our troops are there it will be up to the Presi- specifically about Darfur. Yet, with all the proof disability rights movement,’’ once wrote, ‘‘ADA dent and the Congress to ensure that the that NGOs, journalists, and humanitarian is only the beginning. It is not a solution. Rath- whole Nation, in some way, shares their sac- workers have presented, the attacks and er, it is an essential foundation on which solu- rifice. atrocities against the people of Darfur con- tions will be constructed.’’ In times of war it should be the duty of all tinue. citizens to contribute to the effort. There is This Congress is ready to answer Justin’s honor and pride in military service, but we do call to action. I am a proud cosponsor of the Clearly the abusive regime in Khartoum harm to our troops if we make them alone re- ADA Restoration Act of 2007 which was intro- does not care about stopping the suffering, sponsible for paying the price. duced earlier today by Majority Leader HOYER. otherwise the Janjaweed militias would not be In recent years, the Supreme Court has slowly able to wreak havoc wherever they go. f chipped away at the broad protections of the A recent report by Refugees International PERSONAL EXPLANATION ADA and has created a new set of barriers for details the fact that rape is ‘‘an integral part of Americans with disabilities. Under the the pattern of violence that the government of HON. KEITH ELLISON cramped interpretation of the ADA by the Sudan is inflicting upon the targeted ethnic OF MINNESOTA courts, a broad range of people with physical groups of Darfur.’’ Listen to those words—that and mental impairments have been held not to IN THE HOUSE OF REPRESENTATIVES means the Janjaweed, under the orders of be ‘‘disabled enough’’ to gain the protections Thursday, July 26, 2007 their masters in Khartoum, are deliberately of the law. This is not what Congress intended raping the women to impregnate them and Mr. ELLISON. Madam Speaker, on July 18, when it passed the ADA. The ADA Restora- ‘‘purify’’ them racially. 2007, I inadvertently failed to vote on Price tion Act focuses on the discrimination that The trauma imposed on the women of Amendment to H.R. 3043 (Rollcall No. 653). people experience rather than focusing on Darfur is unthinkable, yet reportedly is simply Had I voted, I would have voted ‘‘no.’’ their ability to prove that they have a disability. the implementation of a policy. What kind of f I’m also proud to be a co-sponsor of the Community Choice Act which would provide government has a policy to ethnically cleanse, 17TH ANNIVERSARY OF THE community-based supports for persons with via rape, their peoples? Not a government that AMERICANS WITH DISABILITIES disabilities and older Americans. This legisla- should have any power. ACT tion just makes sense—it gives individuals Madam Speaker, it is beyond comprehen- more options to remain in their own commu- sion that when the international community HON. DAVID LOEBSACK nities, and their own homes, rather than hav- clearly knows that genocide is occurring, there OF IOWA ing to be placed in a nursing home or other in- would not be enough concern or political will IN THE HOUSE OF REPRESENTATIVES stitution. to come down hard on Khartoum to end the These bills continue to move us forward and death and destruction. Thursday, July 26, 2007 closer to our goals. We are building a momen- tum that will be impossible to stop. The fact that we must continue to raise the Mr. LOEBSACK. Madam Speaker, I rise reality of genocide in Darfur means that we, today to celebrate the 17th anniversary of the I encourage all of my colleagues to commit to keep the ADA strong. Congress must con- the U.S. and the international community, Americans with Disabilities Act. I remember have not done enough. when this bill was signed into law in 1990. As tinue the fight for equal rights for all people. an Iowan, I was proud to be represented in f The international community has no excuse, because we know what is happening. There is the United States Senate by TOM HARKIN who GENOCIDE IN DARFUR helped lead the fight for this important legisla- no hidden agenda—the Sudanese government tion and is a true champion to people with dis- and their brutal militias have made their goals abilities. As an American, I was proud to be a HON. JOSEPH R. PITTS clear. The real question is—does the inter- OF PENNSYLVANIA part of a country that understood true equality national community care enough to go after IN THE HOUSE OF REPRESENTATIVES and was unafraid to take steps toward achiev- the Khartoum government and its puppet mili- ing it. Thursday, July 26, 2007 tias? The ADA was one of the greatest victories Mr. PITTS. Madam Speaker, July 22, 2007 To the people of Darfur, we stand in soli- in civil rights since the Civil Rights Act of is the third anniversary of the U.S. Congress’s darity with you.

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HIGHLIGHTS Senate passed H.R. 2638, Department of Homeland Security Appropria- tions Act. Senate agreed to the conference report to accompany H.R. 1, Imple- menting Recommendations of the 9/11 Commission Act. The House passed H.R. 3093, making appropriations for the Depart- ments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008. Senate into a contract with a person, employer, or other en- Chamber Action tity that does not participate in the such basic pilot Routine Proceedings, pages S10051–S10208 program. Pages S10058, S10083 Measures Introduced: Sixteen bills and two resolu- Schumer Modified Amendment No. 2461 (to tions were introduced, as follows: S. 1879–1894, and Amendment No. 2383), to increase the amount pro- S. Res. 281–282. Page S10148–49 vided for aviation security direction and enforce- Measures Reported: ment. Pages S10058, S10083 S. 1893, to amend title XXI of the Social Security Schumer Amendment No. 2447 (to Amendment Act to reauthorize the State Children’s Health Insur- No. 2383), to reserve $40,000,000 of the amounts appropriated for the Domestic Nuclear Detection Of- ance Program. Page S10148 fice to support the implementation of the Securing Measures Passed: the Cities initiative at the level requested in the Department Of Homeland Security Appropria- President’s budget. Page S10083 tions Act: By 89 yeas to 4 nays (Vote No. 282), Sen- Vitter Modified Amendment No. 2488 (to ate passed H.R. 2638, making appropriations for the Amendment No. 2383), to prohibit U.S. Customs Department of Homeland Security for the fiscal year and Border Protection or any agency or office within ending September 30, 2008, after taking action on the Department of Homeland Security from pre- the following amendments proposed thereto: venting an individual not in the business of import- Pages S10058–S10115 ing a prescription drug from importing an FDA-ap- Adopted: proved prescription drug from Canada. Page S10067 By 89 yeas to 1 nay (Vote No. 278), Graham Dole Amendment No. 2462 (to Amendment No. Amendment No. 2480 (to Amendment No. 2383), 2383), to require that not less than $5,400,000 of to ensure control over the United States borders and the amount appropriated to United States Immigra- strengthen enforcement of the immigration laws. tion and Customs Enforcement be used to facilitate Pages S10058–67 agreements described in section 287 (g) of the Im- Grassley/Inhofe Modified Amendment No. 2444 migration and Nationality Act. Pages S10083, S10091 (to Amendment No. 2383), to provide that none of Lieberman Amendment No. 2407 (to Amendment the funds made available under this Act may be ex- No. 2383), to provide funds for the Interoperable pended until the Secretary of Homeland Security cer- Emergency Communications Grant Program. tifies to Congress that all new hires by the Depart- Pages S10093–95, S10096–98 ment of Homeland Security are verified through the By 51 yeas to 43 nays (Vote No. 280), Sanders/ basic pilot program authorized under section 401 of Feingold Amendment No. 2498 (to Amendment the Illegal Immigration Reform and Immigrant Re- No. 2383), to prohibit funds made available in this sponsibility Act of 1996 or may be available to enter D1060

VerDate Aug 31 2005 10:04 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY7.REC D26JYPT1 hmoore on PRODPC68 with HMDIGEST July 26, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1061 Act from being used to implement a rule or regula- nium nitrate to prevent and deter the acquisition of tion related to certain petitions for aliens to perform ammonium nitrate by terrorists. Page S10102 temporary labor in the United States. Murray (for Cantwell/Snowe) Amendment No. Pages S10092–93, S10098–99 2514 (to Amendment No. 2383), to prevent pro- By 93 yeas to 1 nay (Vote No. 281), DeMint curement of any additional major assets until com- Amendment No. 2481 (to Amendment No. 2383), pletion of an Alternatives Analysis, and to prevent to prohibit the use of funds to remove offenses from the use of funds contained in this act for procure- the list of criminal offenses disqualifying individuals ment of a third National Security Cutter until com- from receiving TWIC cards. pletion of an Alternatives Analysis. Page S10102 Pages S10091, S10099, S10113–15 Murray (for Cantwell) Amendment No. 2391 (to Coburn/DeMint Amendment No. 2442 (to Amendment No. 2383), to require the Secretary of Amendment No. 2383), to prohibit funding for no- Homeland Security to develop a strategy and fund- bid earmarks. Pages S10095–96, S10100 ing plan to implement the recommendations regard- Murray (for Kyl/Martinez) Modified Amendment ing the 2010 Vancouver Olympic and Paralympic No. 2518 (to Amendment No. 2383), to set aside Games in the Joint Explanatory Statement of the $60,000,000 of the overall amount appropriated for Committee of Conference on H.R. 5441 (109th Con- border security, interior enforcement, and employ- gress), the Department of Homeland Security Appro- ment verification to be used for employment priations Act, 2007. Page S10102 verification improvements. (Subsequently, a unani- Murray (for Hutchison) Amendment No. 2466 (to mous-consent agreement was reached providing that Amendment No. 2383), to provide local officials and the amendment be further modified). the Secretary of Homeland Security greater involve- Pages S10100, S10105 ment in decisions regarding the location of border Salazar Modified Amendment No. 2516 (to fencing. Pages S10102–03 Amendment No. 2383), relative to border security Murray (for Gregg) Amendment No. 2484 (to requirements for land and maritime borders of the Amendment No. 2383), to provide for greater ac- United States. (Subsequently, a unanimous-consent countability in grant and contract administration. agreement was reached providing that the amend- Page S10103 ment be further modified). Pages S1009192, S10100 Murray (for Landrieu) Amendment No. 2527 (to Murray (for Collins) Amendment No. 2486 (to Amendment No. 2383), to require the Adminis- Amendment No. 2383), to require an appropriate trator of the Federal Emergency Management Agen- amount of funding for the Office of Bombing Pre- cy to authorize an in-lieu contribution to the Peebles vention. Page S10103 Murray (for Byrd) Amendment No. 2497 (to School. Page S10101 Murray (for Cochran/Lott) Amendment No. 2469 Amendment No. 2383), to establish a wild horse (to Amendment No. 2383), to provide that certain and burro adoption program at the Department of hazard mitigation projects shall not be subject to Homeland Security. Pages S10083–85, S10103 any precertification requirements. Page S10101 Murray (for Martinez) Modified Amendment No. Murray Modified Amendment No. 2499 (to 2404 (to Amendment No. 2383), to establish an Amendment No. 2383), to make funds available to international registered traveler program. procure commercially available technology in order Pages S10086–91, S10103–04 to expand and improve the risk-based approach of Murray (for Akaka) Amendment No. 2478 (to the Department of Homeland Security to target and Amendment No. 2383), to provide for a report on inspect cargo containers under the Secure Freight the Performance Accountability and Standards Sys- Initiative and the Global Trade Exchange and to tem of the Transportation Security Administration. provide an offset. Page S10101 Page S10104 Murray (for Stevens) Modified Amendment No. Murray (for Clinton) Amendment No. 2438 (to 2475 (to Amendment No. 2383), to develop and Amendment No. 2383), to require the Comptroller implement a Model Ports of Entry program. General to conduct a study on shared border man- Page S10101 agement. Page S10105 Murray (for Lieberman) Amendment No. 2513 (to Murray (for Cornyn) Amendment No. 2432 (to Amendment No. 2383), to require a national strat- Amendment No. 2383), to increase the authorized egy and report on closed circuit television systems. level for the border relief grant program for Pages S10101–02 $50,000,000 to $100,000,000. Page S10105 Murray (for Pryor) Amendment No. 2502 (to Murray (for Sessions) Amendment No. 2451 (to Amendment No. 2383), to authorize the Secretary of Amendment No. 2383), to conduct a study to deter- Homeland Security to regulate the sale of ammo- mine whether fencing on the southern border can be

VerDate Aug 31 2005 10:04 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY7.REC D26JYPT1 hmoore on PRODPC68 with HMDIGEST D1062 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 2007 constructed for less than an average $3,200,000 per Murray (for Domenici/Dorgan) Modified Amend- mile. Pages S10105–06 ment No. 2421 (to Amendment No. 2383), to au- Murray (for Isakson) Amendment No. 2495 (to thorize appropriations for border and transportation Amendment No. 2383), to restore the credibility of security personnel and technology. Pages S10107–08 the Federal Government by taking action to enforce Murray (for Domenici) Amendment No. 2422 (to immigration laws, to request the President to submit Amendment No. 2383), to conduct a study to im- a request to Congress for supplemental appropria- prove radio communications for law enforcement of- tions on immigration. Page S10106 ficers operating along the international borders of Murray (for Boxer) Modified Amendment No. the United States. Page S10108 2500 (to Amendment No. 2383), to require United Murray (for Collins/Grassley) Amendment No. States Customs and Border Protection to provide in- 2526 (to Amendment No. 2383), to provide that formation to Congress about the training of its per- certain funds shall be made available to the United sonnel to effectively assist the Food and Drug Ad- States Citizenship and Immigration Services for the ministration in monitoring our Nation’s food supply. fraud risk assessment relating to the H–1B program Page S10106 is submitted to Congress. Page S10108 Murray (for Feingold) Amendment No. 2507 (to Murray (for Graham) Modified Amendment No. Amendment No. 2383), to require a study on the 2445 (to Amendment No. 2383), to require a report implementation of the voluntary provision of emer- on interagency operational centers for port security. Page S10108 gency services program. Page S10106 Murray (for Kerry/Kennedy) Amendment No. Murray (for Dodd) Modified Amendment No. 2477 (to Amendment No. 2383), to require the 2465 (to Amendment No. 2383), to increase the Government Accountability Office to report on the amount provided for firefighter assistance, and to provide offsets. Page S10108 Department’s risk-based grant programs. Page S10106 Murray (for Lieberman) Amendment No. 2508 (to Murray (for Obama) Amendment No. 2519 (to Amendment No. 2383), to provide funds to mod- Amendment No. 2383), to provide that none of the ernize the National Fire Incident Reporting System funds appropriated or otherwise made available by and to encourage the presence of State and local fire this Act may be used to enter into a contract in an department representatives at the National Oper- amount greater than $5 million or to award a grant ations Center. Pages S10108–09 in excess of such amount unless the prospective con- Murray (for McCaskill) Amendment No. 2509 (to tractor or grantee certifies in writing to the agency Amendment No. 2383), to mitigate the health risks awarding the contract or grant that the contractor or posed by hazardous chemicals in trailers provided by grantee owes no past due Federal tax liability. the Federal Emergency Management Agency. Pages S10106–07 Page S10109 Murray (for Nelson (FL)) Amendment No. 2439 Murray (for Kerry/Snowe) Amendment No. 2463 (to Amendment No. 2383), to resolve the differences (to Amendment No. 2383), to apply basic con- between the Transportation Worker Identification tracting laws to the Transportation Security Admin- Credential program administered by the Transpor- istration. Page S10109 tation Security Administration and existing State Murray (for Menendez/Lautenberg) Amendment transportation facility access control programs. No. 2490 (to Amendment No. 2383), to provide for Page S10107 a report on regional boundaries for Urban Area Secu- Murray (for Baucus) Amendment No. 2406 (to rity Initiative regions. Page S10109 Amendment No. 2383), to prohibit the use of funds Murray (for Roberts/Brownback) Amendment No. for planning, testing, piloting, or developing a na- 2521 (to Amendment No. 2383), to provide for spe- tional identification card. Page S10107 cial rules relating to assistance concerning the Murray (for Salazar/Allard) Modified Amendment Greensburg, Kansas tornado. Pages S10109–10 No. 2417 (to Amendment No. 2383), to clarify that Murray (for Coburn) Modified Amendment No. the preparation and implementation of community 2467 (to Amendment No. 2383), to authorize the wildfire protection plans is a fire prevention pro- release of data used to determine eligibility for as- gram. Page S10107 sistance under title IV of the Robert T. Stafford Dis- Murray (for Levin) Amendment No. 2504 (to aster Relief and Emergency Assistance Act. Amendment No. 2383), to express the sense of Con- Page S10110 gress regarding the need to appropriate sufficient Murray (for Clinton) Modified Amendment No. funds to increase the number of border patrol officers 2474 (to Amendment No. 2383), to ensure that the and agents protecting the northern border pursuant Federal Protective Service has adequate personnel. to prior authorizations. Page S10107 Pages S10110–13

VerDate Aug 31 2005 10:04 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY7.REC D26JYPT1 hmoore on PRODPC68 with HMDIGEST July 26, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1063 Murray (for Feinstein) Modified Amendment No. Landrieu Amendment No. 2525 (to Amendment 2522 (to Amendment No. 2383), to include the Mi- No. 2383), to require regional evacuation and shel- neta Transportation Institute at San Jose State Uni- tering plans. Pages S10096, S10101 versity as a member institution if the Secretary of During consideration of this measure today, the Homeland Security establishes a National Transpor- Senate also took the following action: tation Security Center of Excellence. Page S10110 Chair sustained a point of order against Dorgan/ Murray (for Coleman) Amendment No. 2524 (to Conrad Amendment No. 2505 (to Amendment No. Amendment No. 2383), to provide funding for secu- 2468), relating to bringing Osama bin Laden and rity associated with the national party conventions. other leaders of al Qaeda to justice, as being in vio- Page S10110 lation of Rule XVI of the Standing Rules of the Sen- Byrd/Cochran Amendment No. 2383, in the na- ate, which prohibits legislation on an appropriation ture of a substitute. Page S10058 bill, and the amendment thus fell. Rejected: Pages S10068–72, S10074–77 Cochran (for Alexander) Modified Amendment Chair sustained a point of order against Landrieu No. 2405 (to Amendment No. 2383), to make Amendment No. 2468 (to Amendment No. 2383), $300,000,000 available for grants to States to carry to state the policy of the United States Government out the REAL ID Act of 2005. (By 50 yeas to 44 on the foremost objective of the United States in the nays (Vote No. 279), Senate tabled the amendment). Global War on Terror and in protecting the United Pages S10078–83 States Homeland and to appropriate additional sums Withdrawn: for that purpose, as being in violation of Rule XVI of the Standing Rules of the Senate, which prohibits Schumer/Hutchison Amendment No. 2448 (to legislation on an appropriation bill, and the amend- Amendment No. 2383), to increase the domestic ment thus fell. Pages S10077–78 supply of nurses and physical therapists. Senate insisted on its amendment, requested a Pages S10072–74 conference with the House thereon, and the Chair Schumer Amendment No. 2416 (to Amendment was authorized to appoint the following conferees on No. 2383), to evaluate identification card tech- the part of the Senate: Senators Byrd, Inouye, Leahy, nologies to determine the most appropriate tech- Mikulski, Kohl, Murray, Landrieu, Lautenberg, Nel- nology for ensuring the optimal security, efficiency, son (NE), Cochran, Gregg, Stevens, Specter, Domen- privacy and cost of passport cards. Page S10083 ici, Shelby, Craig, and Alexander. Page S10115 Cochran (for Grassley) Amendment No. 2476 (to Amendment No. 2383), to require the Secretary of Conference Reports: Homeland Security to establish reasonable regula- Implementing Recommendations of the 9/11 tions relating to stored quantities of propane. Commission Act–Conference Report: By 85 yeas to Page S10083 8 nays (Vote No. 284), Senate agreed to the con- Martinez Amendment No. 2503 (to Amendment ference report to accompany H.R. 1, to provide for No. 2383), to require the issuance and use of social the implementation of the recommendations of the security cards with biometric identifiers for the es- National Commission on Terrorist Attacks Upon the tablishment of employment authorization and iden- United States. Page S10115–10130 tity. Pages S10085–86 During consideration of this conference report Martinez Amendment No. 2413 (to Amendment today, the Senate also took the following action: No. 2383), to require that all funds for State and By 26 yeas to 67 nays (Vote No. 283), rejected local programs be allocated based on risk. a motion to recommit to the conference, with in- Pages S10116–17 Page S10086 structions. Cochran/Byrd Amendment No. 2496 (to Amend- MEASURES CONSIDERED: ment No. 2488), to prohibit the use of funds rel- Small Business Tax Relief Act: Senate began ative to United States Customs and Border Protec- consideration of the motion to proceed to consider- tion. Pages S10067–68 ation of H.R. 976, to amend the Internal Revenue Dole Amendment No. 2449 (to Amendment No. Code of 1986 to provide tax relief for small busi- 2383), to set aside $75,000,000 of the funds appro- nesses. priated for training, exercise, technical assistance, A motion was entered to close further debate on and other programs under the heading State and the motion to proceed to consideration of the bill, local programs for training consistent with section and, in accordance with the provisions of Rule XXII 287 (g) of the Immigration and Nationality Act. of the Standing Rules of the Senate, and pursuant to Page S10091 the unanimous-consent agreement of July, 26, 2007,

VerDate Aug 31 2005 10:04 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY7.REC D26JYPT1 hmoore on PRODPC68 with HMDIGEST D1064 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 2007 a vote on cloture will occur at 5:30 p.m., on Mon- Iowa, to be Director of the Office of Management day, July 30, 2007. and Budget, after the nominee, who was introduced Subsequently, the motion to proceed was with- by Senator Grassley and Representative Spratt, testi- drawn. Page S10117 fied and answered questions in his own behalf. A unanimous-consent-time agreement was reached DIGITAL TELEVISION TRANSITION providing that Senate resume consideration of the motion to proceed to consideration of H.R. 976, to Committee on Commerce, Science, and Transportation: amend the Internal Revenue Code of 1986 to pro- Committee concluded a hearing to examine prepara- vide tax relief for small businesses, at 3:00 p.m., on tion taken for the digital television transition, after Monday, July 30, 2007, and that the time until receiving testimony from John M.R. Kneuer, Assist- 5:30 p.m. be equally divided and controlled between ant Secretary for Communications and Information, the Chairman and Ranking Member of the Com- National Telecommunications and Information Ad- mittee on Finance, or their designees; provided fur- ministration, Department of Commerce; Catherine ther that at 5:30 p.m., Senate vote on the motion Seidel, Chief, Consumer and Governmental Affairs to invoke cloture on the motion to proceed to con- Bureau, Federal Communications Commission; Nelda Barnett, AARP, and Nancy Zirkin, Leadership Con- sideration of the bill. Page S10117 ference on Civil Rights, both of Washington, D.C.; Nominations Received: Senate received the fol- and Alex Nogales, National Hispanic Media Coali- lowing nominations: tion, Los Angeles, California. Benjamin Eric Sasse, of Nebraska, to be an Assist- ant Secretary of Health and Human Services. RAILROAD SAFETY AND ENHANCEMENT Barry Leon Wells, of Ohio, to be Ambassador to ACT the Republic of The Gambia. Committee on Commerce, Science, and Transportation: Sub- Mark M. Boulware, of Texas, to be Ambassador to committee on Surface Transportation and Merchant the Islamic Republic of Mauritania. Page S Marine Infrastructure, Safety and Security concluded Messages from the House: Page S10148 a hearing to examine a bill entitled, ‘‘Railroad Safety Enhancement Act’’, after receiving testimony from Measures Referred: Page S101148 Joseph H. Boardman, Administrator, Federal Rail- Executive Reports of Committees: Page S10148 road Administration, Department of Transportation; Additional Cosponsors: Pages S10149–51 Edward R. Hamberger, Association of American Railroads, and John P. Tolman, Brotherhood of Lo- Statements on Introduced Bills/Resolutions: comotive Engineers and Trainmen, both of Wash- Page S10151–92 ington, D.C.; and David Solow, American Public Additional Statements: Pages S10145–47 Transportation Association, Los Angeles, California. Amendments Submitted: Pages S10192–S10207 WATER BILLS Authorities for Committees to Meet: Committee on Energy and Natural Resources: Sub- Pages S10207–08 committee on Water and Power concluded a hearing Privileges of the Floor: Page S10208 to examine S. 300, to authorize appropriations for the Bureau of Reclamation to carry out the Lower Record Votes: Seven record votes were taken today. Colorado River Multi-Species Conservation Program (Total—284) in the States of Arizona, California, and Nevada, S. Pages S10064, S10082, S10099, S10115, S10117 1258, to amend the Reclamation Safety of Dams Act Adjournment: Senate convened at 9:30 a.m. on of 1978 to authorize improvements for the security Thursday, July 26, 2007 and adjourned at 12:29 of dams and other facilities, S. 1477, to authorize a.m. on Friday, July 27, 2007, until 2:00 p.m. on the Secretary of the Interior to carry out the Jackson Monday, July 30, 2007. (For Senate’s program, see Gulch rehabilitation project in the State of Colorado, the remarks of the Acting Majority Leader in today’s S. 1522, to amend the Bonneville Power Adminis- Record on page S10208.) tration portions of the Fisheries Restoration and Irri- gation Mitigation Act of 2000 to authorize appro- Committee Meetings priations for fiscal years 2008 through 2014, and H.R. 1025, to authorize the Secretary of the Interior (Committees not listed did not meet) to conduct a study to determine the feasibility of implementing a water supply and conservation NOMINATION project to improve water supply reliability, increase Committee on the Budget: Committee concluded a hear- the capacity of water storage, and improve water ing to examine the nomination of Jim Nussle, of management efficiency in the Republican River

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Basin between Harlan County Lake in Nebraska and extraterritorial detention, and treatment of detainees, Milford Lake in Kansas, after receiving testimony focusing on restoring the United States’ moral credi- from Senator Allard; Larry Todd, Deputy Commis- bility and strengthening diplomatic standing, after sioner, Bureau of Reclamation, Department of the receiving testimony from Major General Paul D. Interior; Perri Benemelis, Arizona Department of Eaton, USA (Ret.), former Commanding General, Water Resources, Phoenix; Marc Thalacker, Three Office of Security Transition, Baghdad, Iraq; Tom Sisters Irrigation District, Salem, Oregon, on behalf Malinowski, Human Rights Watch, and Daniel of the Oregon Water Resources Congress; George Byman, Georgetown University Center for Peace and Caan, Colorado River Commission of Nevada, Las Security Studies of the Edmund A. Walsh School of Vegas, on behalf of the Colorado River Energy Dis- Foreign Service, both of Washington, D.C.; and tributors Association; Shannon McDaniel, South Co- Philip Zelikow, University of Virginia, Charlottes- lumbia Basin Irrigation District, Pasco, Washington, ville. on behalf of the National Water Resources Associa- tion; and Gary Kennedy, Mancos Water Conservancy District, Mancos, Colorado. U.N. HUMAN RIGHTS COUNCIL CALIFORNIA WAIVER Committee on Foreign Relations: Subcommittee on International Operations and Organizations, Democ- Committee on Environment and Public Works: Com- racy and Human Rights concluded a hearing to ex- mittee concluded a hearing to examine the case for amine the United Nations Human Rights Council, the California waiver, receiving an update from the focusing on its shortcomings and prospects for re- Environmental Protection Agency, and focusing on form, after receiving testimony from Kristen S. 1785, to amend the Clean Air Act to establish Silverberg, Assistant Secretary of State for Inter- deadlines by which the Administrator of the Envi- national Organization Affairs; Thomas O. Melia, ronmental Protection Agency shall issue a decision Freedom House, and Brett D. Schaefer, Heritage on whether to grant certain waivers of preemption under that Act, after receiving testimony from Sen- Foundation Margaret Thatcher Center for Freedom, ator Nelson (FL); and Stephen L. Johnson, Adminis- both of Washington, D.C.; and Peggy Hicks, trator, Environmental Protection Agency. Human Rights Watch, New York, New York. BUSINESS MEETING NOMINATION Committee on Finance: Committee ordered favorably Committee on Indian Affairs: Committee concluded a reported the following: hearing to examine the nomination of Charles W. S. 1607, to provide for identification of mis- Grim, of Oklahoma, to be Director of the Indian aligned currency, require action to correct the mis- Health Service, Department of Health and Human alignment, with an amendment in the nature of a Services, after the nominee, who was introduced by substitute; and Senator Coburn, testified and answered questions in The nominations of David H. McCormick, of his own behalf. Pennsylvania, to be an Under Secretary, and Peter B. McCarthy, of Wisconsin, to be an Assistant Sec- retary, both of the Department of the Treasury. INTELLIGENCE Select Committee on Intelligence: Committee held TREATMENT OF DETAINEES closed hearings on intelligence matters, receiving tes- Committee on Foreign Relations: Committee concluded timony from officials of the intelligence community. a hearing to examine extraordinary rendition, Committee recessed subject to the call. h House of Representatives Chamber Action Additional Cosponsors: (See next issue.) Reports Filed: There were no reports filed today. Public Bills and Resolutions Introduced: 18 public bills, H.R. 3184–3201; and 6 resolutions, H. Speaker: Read a letter from the Speaker wherein she Con. Res. 193–194; and H. Res. 575–578 were in- appointed Representative Welch (VT) to act as troduced. (See next issue.) Speaker Pro Tempore for today. Page H8621

VerDate Aug 31 2005 10:04 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY7.REC D26JYPT1 hmoore on PRODPC68 with HMDIGEST D1066 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 2007 Commerce, Justice, Science, and Related Agen- eral Energy Management Program’’ designation (by cies Appropriations Act, 2008: The House passed a recorded vote of 404 ayes to 16 noes, Roll No. H.R. 3093, making appropriations for the Depart- 738). Pages H8646–47, H8666–67 ments of Commerce and Justice, and Science, and Rejected: Related Agencies for the fiscal year ending Sep- Flake amendment that sought to prohibit funds tember 30, 2008, by a yea-and-nay vote of 281 yeas from being used for meteorological equipment at to 142 nays, Roll No. 744. Consideration of the Valparaiso University in Valparaiso, Indiana; measure began on Wednesday, July 25th. Pages H8628–29 Pages H8625–75 Flake amendment that sought to prohibit funds Rejected the Lewis (CA) motion to recommit the from being used for the National Textile Centers; bill to the Committee on Appropriations with in- Pages H8629–33 structions to report the same back to the House Stearns amendment (No. 1 printed in the Con- promptly with an amendment, by a recorded vote of gressional Record of July 23, 2007) that sought to 209 ayes to 215 noes, Roll No. 743. Pages H8673–75 prohibit funds from being used by the EEOC for Agreed by unanimous consent that during further litigation expenses incurred in connection with cases consideration of H.R. 3093 in the Committee of the commenced after the date of the enactment of this Whole pursuant to the provisions of H. Res. 562, no Act against employers on the grounds that such em- further amendment to the bill will be in order ex- ployers require employees to speak English (by a re- cept those provided on a list at the desk. Page H8639 corded vote of 202 ayes to 212 noes, Roll No. 734); Agreed to: Pages H8625–27, H8664 Fossella amendment that prohibits funds from Flake amendment that sought to prohibit funds being used to carry out the decision of the United from being used for the Lobster Institute at the Uni- States Court of Appeals for the Second Circuit in versity of Maine in Orono, Maine (by a recorded vote Lin, et al. v. United States Department of Justice of 87 ayes to 328 noes, Roll No. 735); rendered on July 16, 2007; Pages H8637–39 Pages H8627–28, H8664–65 Jackson-Lee (TX) amendment relating to funding Flake amendment that sought to prohibit funds for the Department of Justice—Office of Justice Pro- from being used for the East Coast Shellfish Re- grams—state and local law enforcement assistance; search Institute at the East Coast Shellfish Growers Pages H8643–44 Association, Toms River, New Jersey (by a recorded Jackson-Lee (TX) amendment that redirects $10 vote of 77 ayes to 337 noes, Roll No. 736); million in funding for the Department of Justice; Pages H8636–37, H8665–66 Pages H8644–45 Jordan amendment that sought to provide for a Jackson-Lee (TX) amendment that prohibits funds 3.0 percent reduction in each amount appropriated from being used in violation of Subtitle A of Title or otherwise made available by this Act that is not VIII (International Space Station Independent Safety required to be appropriated or otherwise made avail- Taskforce) of the NASA Authorization Act of 2005; able by a provision of law (by a recorded vote of 138 Pages H8645–46 ayes to 282 noes, Roll No. 739); King (IA) amendment that prohibits funds from Pages H8647–50, H8667–68 being used to employ workers described in section Price (GA) amendment that sought to reduce by 274A(h)(3) of the Immigration and Nationality Act; $750,000,000 the total appropriations made in this Page H8655 Act (other than appropriations required to be made Garrett (NJ) amendment that prohibits funds by a provision of law) (by a recorded vote of 159 from being used to send or otherwise pay for the at- ayes to 261 noes, Roll No. 740); tendance of more than 50 employees from a Federal Pages H8650–55, H8668 department or agency at any single conference occur- Musgrave amendment that sought to reduce the ring outside the United States; Pages H8663–64 total amount appropriated in the bill by 0.5 percent Pence amendment that prohibits funds from being (by a recorded vote of 186 ayes to 235 noes, Roll used to enforce the amendments made by subtitle A No. 741); and Pages H8655–59, H8668–69 of title II of Public Law 107–155 (by a recorded Campbell (CA) amendment (No. 37 printed in the vote of 215 ayes to 205 noes, Roll No. 737, after Congressional Record of July 25, 2007) that sought agreeing by unanimous consent to vacate the voice to reduce the total amount appropriated in the bill vote taken earlier in the day); and Pages H8633, H8666 by 0.05 percent (by a recorded vote of 192 ayes to Upton amendment (No. 41 printed in the Con- 228 noes, Roll No. 742). Pages H865963, H8669–70 gressional Record of July 25, 2007) that prohibits Withdrawn: funds from being used to purchase light bulbs unless Nadler amendment that was offered and subse- the light bulbs have the ‘‘ENERGY STAR’’ or ‘‘Fed- quently withdrawn that sought to increase funding

VerDate Aug 31 2005 10:04 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY7.REC D26JYPT1 hmoore on PRODPC68 with HMDIGEST July 26, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1067 for the Jessica Gonzales Victims Assistance Program makes livestock producers eligible for livestock as- by $5 million; Pages H8633–34 sistance programs regardless of whether they had Inslee amendment that was offered and subse- Noninsured Crop Disaster coverage; Hastings (FL) quently withdrawn that sought to add a new section amendment (No. 8) that adds a new section for relating to funding for litigation of cases involving ‘‘Pollinator Protection’’ that authorizes research fund- the enforcement of Federal law on Tribal lands; ing to reduce North American pollinator decline and Pages H8640–41 understand Colony Collapse Disorder; Arcuri amend- Mack amendment that was offered and subse- ment (No. 9) that expresses the Sense of Congress quently withdrawn that sought to prohibit funds that the Secretary of Agriculture should use existing from being used to carry out the composition and authority when determining the Class I milk price delivery of exigent circumstances letters, that indi- mover to take into account the increased cost of pro- cate that a grand jury subpoena is forthcoming duction; Welch (VT) amendment (No. 10) that en- where none has been convened or where there is no courages schools to submit plans for implementation reasonable likelihood that one will be convened, to to the Secretary that include locally grown foods; United States citizens, businesses, banks, firms or Eddie Bernice Johnson (TX) amendment (No. 14) any other entity that retains personal identity infor- that adds the additional point to Subtitle B of the mation about citizens; and Pages H8641–43 research title that emphasis should be placed on pro- Conaway amendment that was offered and subse- posals that examine the efficacy of current agri- quently withdrawn that stated the sense of the culture policies in promoting the health and welfare House that any reduction in the amount appro- of economically disadvantaged populations; Latham priated by this Act achieved as a result of amend- amendment (No. 17) that amends the Household ments adopted by the House should be dedicated to Water Well System Program, which makes grants to deficit reduction. Page H8663 non-profit organizations to finance the construction, Point of Order sustained against: refurbishing, and servicing of individually owned Nadler amendment that sought to prohibit funds household water well systems in rural areas for indi- from being used to enforce section 505 of the USA viduals with low or moderate incomes; Wu amend- PATRIOT Act until the Department of Justice con- ment (No. 22) that broadens the eligible universities ducts a full review and delivers to Congress a report by adding that universities that do work in alter- on the use of National Security Letters to collect in- native energy related fields are eligible for the formation on U.S. persons who are not suspected to biofuels from biomass internship program; Clay be agents of a foreign power as that term is defined modified amendment (No. 23) that makes grants to in 50 U.S.C. 1801. Pages H8634–36 eligible entities to assist in purchasing operating or- H. Res. 562, the rule providing for consideration ganic gardens or greenhouses in urban areas; Israel of the bill, was agreed to on Wednesday, July 25th. amendment (No. 24) that eliminates the sale of ran- Motion to Adjourn: Rejected the Whitfield motion dom source animals for research and prohibits the to adjourn by a yea-and-nay vote of 174 yeas to 248 marketing of medical devices by using live animals nays, Roll No. 745. Pages H8684–85 in demonstrations to market such devices; Bordallo Farm Bill Extension Act of 2007: The House amendment (No. 26) that authorizes a grants pro- began consideration of H.R. 2419, to provide for the gram to assist the land grant institutions in the ter- continuation of agricultural programs through fiscal ritories in upgrading facilities and equipment in the year 2012. Further consideration is expected to re- agricultural and food sciences; Emanuel amendment sume Friday, July 27th. (No. 28) directs the USDA to investigate which es- Pages H8676–84, H8685 continued next issue. tates have been receiving payments in the name of Pursuant to the rule, the amendment in the na- dead farmers and recoup payments made in the name ture of a substitute recommended by the Committee of deceased individuals; Hodes amendment (No. 30) on Agriculture now printed in the bill and modified that authorizes a grant program for state and local by the amendments printed in part A of H. Rept. communities and governments known as the Com- 110–261 shall be considered as adopted in the munity Wood Energy Program to use low-grade House and in the Committee of the Whole and shall wood biomass in community wood energy systems be considered as the original bill for the purpose of for state and locally owned businesses; and Shuler further amendment. (See next issue.) amendment (No. 31) that allows non-industrial pri- Agreed to: vate forest lands to be eligible for emergency restora- Peterson (MN) en bloc amendment consisting of tion funds if the Secretary determines that insect or the following amendments printed in part B of H. disease poses an imminent threat of loss or damage Rept. 110–261: Lucas amendment (No. 4) that to those lands and (See next issue.)

VerDate Aug 31 2005 10:04 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY7.REC D26JYPT1 hmoore on PRODPC68 with HMDIGEST D1068 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 2007 Frank (MA) amendment (No. 2 printed in part B MINERS PROTECTIONS LEGISLATION of H. Rept. 110–261) that strikes five sections from Committee on Education and Labor: Subcommittee on Title V of the bill which expand the lending author- Workforce Protections held a hearing on the S-Miner ity of the Farm Credit System. (See next issue.) Act (H.R. 2768) and the Miner Health Improve- Rejected: ment Enhancement Act of 2007 (H.R. 2769). Testi- Kind amendment (No. 1 printed in part B of H. mony was heard from Kevin Stricklin, Adminis- Rept. 110–261) that sought to to reform the farmer trator, Coal Mine Safety and Health, Mine Safety safety net to work better for small farmers at lower and Health Administration, Department of Labor; cost, reallocate funding to nutrition, conservation, and public witnesses. specialty crops and healthy foods, rural development, and programs that benefit socially disadvantaged CHILDREN’S HEALTH AND MEDICARE farmers (by a recorded vote of 117 ayes to 309 noes, PROTECTION ACT (CHAMP) ACT Roll No. 747). (See next issue.) H. Res. 574, the rule providing for consideration Committee on Energy and Commerce: Began consider- of the bill, was agreed to by a yea-and-nay vote of ation of H.R. 3162, Children’s Health and Medicare 222 yeas to 202 nays, Roll No. 746, after agreeing Protection (CHAMP) Act of 2007. to order the previous question by voice vote. (See next issue.) MISCELLANEOUS MEASURES Senate Messages: Messages received from the Senate Committee on Financial Services: Ordered reported, as today appear on page 8650. amended, the following bills, H.R. 3002, Native American Economic Development and Infrastructure Senate Referrals: S. 1877 was referred to the Com- for Housing Act of 2007; H.R. 180, Darfur Ac- mittee on the Judiciary and S. 1642 and S. 1716 countability and Divestment Act of 2007; and H.R. were held at the desk. (See next issue.) 3121, Flood Insurance Reform and Modernization Amendments: Amendments ordered printed pursu- Act of 2007. ant to the rule appear on pages in the next issue of The Committee began consideration of H.R 2895, the Record. National Affordable Housing Trust Fund Act of Quorum Calls—Votes: Three yea-and-nay votes 2007. and eleven recorded votes developed during the pro- Will continue July 31. ceedings of today and appear on pages H8664, H8665, H8665–66, H8666, H8667, H8667–68, MILLENNIUM CHALLENGE CORPORATION’S H8668, H8669, H8669–70, H8674–75, H8675, VANUATU IMPACT H8684–85, H8686. There were no quorum calls. Committee on Foreign Affairs: Subcommittee on Asia, Adjournment: The House met at 10 a.m. and ad- the Pacific, and the Global Environment held a hear- journed at 12.a.m. ing on Is the Millennium Challenge Corporation Overstating Its Impact: The Case of Vanuatu. Testi- mony was heard from David B. Gootnick, Director, Committee Meetings International Affairs and Trade, GAO; and Rodney HABEAS CORPUS FOR DETAINEES G. Bent, Deputy Chief Executive Officer, Millen- Committee on Armed Services: Held a hearing on Up- nium Challenge Corporation. holding the Principle of Habeas Corpus for Detain- ees. Testimony was heard from the Greg Katsas, EXPORT CONTROLS Principal Deputy Associate Attorney General, De- Committee on Foreign Affairs: Subcommittee on Ter- partment of Justice; Daniel J. Dell’Orto, Principal rorism, Nonproliferation, and Trade held a hearing Deputy General Counsel, Department of Defense; on Export Controls: Are We Protecting Security and Patrick Philbin, former Associate Deputy Attorney Facilitating Exports? Testimony was heard from General, Department of Justice; LTC Stephen E. Christopher A. Padilla, Assistant Secretary, Bureau of Abraham, USA Reserves; and public witnesses. Industry and Security, Department of Commerce; Stephen D. Mull, Acting Assistant Secretary, Bureau WORKFORCE INVESTMENT ACT of Political-Military Affairs, Department of State; Committee on Education and Labor: Subcommittee on Beth M. McCormick, Acting Director, Defense Higher Education, Lifelong Learning and Competi- Technology Security Administration, Department of tiveness held a hearing on the Workforce Investment Defense; Ann Marie Calvaresi Barr, Director, Acqui- Act: Ideas to Improve the Workforce Development sition and Sourcing Management, GAO; and public System. Testimony was heard from public witnesses. witnesses.

VerDate Aug 31 2005 10:04 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY7.REC D26JYPT1 hmoore on PRODPC68 with HMDIGEST July 26, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1069 FREQUENT TRAVELER PROGRAMS REFUGE ECOLOGY PROTECTION, Committee on Homeland Security: Subcommittee on ASSISTANCE, AND IMMEDIATE RESPONSE Border, Maritime and Global Counterterrorism held ACT a hearing entitled ‘‘Frequent Traveler Programs: Bal- Committee on Natural Resources: Subcommittee on ancing Security and Commerce at our Land Borders.’’ Fisheries, Wildlife and Oceans approved for full Testimony was heard from Robert M. Jacksta, Exec- Committee action, as amended, H.R. 767, Refuge utive Director, Traveler Security and Facilitation, Ecology Protection, Assistance, and Immediate Re- Office of Field Operations, U.S. Customs and Border sponse Act. Protection, Department of Homeland Security; and PUBLIC LAND COMMUNITIES TRANSITION public witnesses. ASSISTANCE ACT OF 2007 PRIVATE SECTOR INFORMATION SHARING Committee on Natural Resources: Subcommittee on Na- tional Parks, Forests and Public Lands held a hearing Committee on Homeland Security: Subcommittee on In- on H.R. 3058, Public Land Communities Transition telligence, Information Sharing and Terrorism Risk Assistance Act of 2007. Testimony was heard from Assessment held a hearing entitled ‘‘Private Sector Representative Hooley; Mark Rey, Under Secretary, Information Sharing: What is It, Who Does It, and Natural Resources and Environment, USDA; Julie What’s working at DHS?’’ Testimony was heard Jacobson, Deputy Assistant Secretary, Lands and from the following officials of the Department of Minerals Management, Department of the Interior; Homeland Security: James M. Chaparro, Deputy As- and public witnesses. sistant Secretary, Office of Intelligence and Analysis; Melissa Smislova, Director, Homeland Infrastructure U.S. EMBASSY CONSTRUCTION PROJECT IN IRAQ Threat and Risk Analysis Center; and R. James Caverly, Director, Infrastructure Partnerships Divi- Committee on Oversight and Government Reform: and the sion, Infrastructure Protection and Preparedness Di- Subcommittee on National Security and Foreign Af- rectorate; and public witnesses. fairs held a joint hearing on U.S. Embassy Construc- tion Project in Iraq. Testimony was heard from the OVERSIGHT—FBI following officials of the Department of State: Charles E. Williams, Director, Office of Overseas Committee on the Judiciary: Held an oversight hearing Building Operations; William Moser, Deputy Assist- on the Federal Bureau of Investigations. Testimony ant Secretary, Acquisitions; Patrick Kennedy, Direc- was heard from Robert S. Mueller, Director, FBI, tor, Office of Management Policy; and Howard J. Department of Justice. Krongard, Inspector General; and public witnesses INTERNET TAX FREEDOM ACT OVERSIGHT—POSTAL SERVICE OUTLOOK Committee on the Judiciary: Subcommittee on Com- Committee on Oversight and Government Reform: Sub- mercial and Administrative Law held a hearing on committee on Federal Workforce, Postal Service and the Internet Tax Freedom Act. Testimony was heard the District of Columbia held an oversight hearing from Representatives Campbell of California and on the Postal Service: Planning for the 21st Century. Eshoo; and public witnesses. Testimony was heard from Katherine A. Siggerud, Director, Physical Infrastructure Issues, GAO; the HARDROCK MINING AND RECLAMATION following officials of the U.S. Postal Service: Gordon ACT Milbourn, III, Assistant Inspector General, Audit, Office of Inspector General; William P. Galligan, Committee on Natural Resources: Subcommittee on En- Senior Vice President, Operations; and John Walker, ergy and Mineral Resources held a hearing on H.R. Director, Rates, Analysis, and Planning, Postal Reg- 2262, Hardrock Mining and Reclamation Act of ulatory Commission. 2007. Testimony was heard from Senator Craig; from Henri Bisson, Deputy Director, Bureau of Land CENSUS 2019 WORKFORCE Management, Department of the Interior: John Committee on Oversight and Government Reform: Sub- Leshy, former Solicitor General, Department of the committee on Information Policy, Census, and Na- Interior; Jennifer Martin, Commissioner, Game and tional Archives held a hearing on 2010 Census Fish Commission, State of Arizona; J. P. Tangen, Workforce. Testimony was heard from Charles Louis former Regional Solicitor, Alaska, Department of the Kincannon, Director, U.S. Census Bureau, Depart- Interior; and public witnesses. ment of Commerce; Mathew J. Scire, Director, Stra- tegic Issues, GAO; and public witnesses.

VerDate Aug 31 2005 10:04 Jul 27, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY7.REC D26JYPT1 hmoore on PRODPC68 with HMDIGEST D1070 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 2007 UNIVERSITY RESEARCH GLOBALIZATION BRIEFING—RUSSIA Committee on Science and Technology: Continued hear- COUNTERINTELLIGENCE ings on Globalization of R&D and Innovation, Part Permanent Select Committee on Intelligence: Sub- II: the University Response. Testimony was heard committee on Terrorism, Human Intelligence, Anal- from public witnesses. ysis and Counterintelligence met in executive session to receive a briefing on Russia Counterintelligence. CONTRACT BUNDLING OVERSIGHT The Subcommittee was briefed by departmental wit- Committee on Veterans’ Affairs: Subcommittee on Eco- nesses. nomic Opportunity held a hearing on Contract Bun- f dling Oversight. Testimony was heard from Calvin Jenkins, Deputy Associate Administrator, Office COMMITTEE MEETINGS FOR FRIDAY, Government Contracting and Business Development, JULY 27, 2007 SBA; from the following officials of the Department (Committee meetings are open unless otherwise indicated) of Defense: LTC James Blanco, USA, Assistant to the Director, Office of Small Business Programs, Of- Senate fice of the Secretary of the Army; and Anthony R. No meetings/hearings scheduled. Martoccia, Director, Office of Small Business Pro- House grams; Scott F. Denniston, Director, Office of Small and Disadvantaged Business Utilization, Department Committee on Armed Services, hearing and markup of the of Veterans Affairs; and public witnesses. following bills: H.R. 3087, To require the President, in coordination with the Secretary of State, the Secretary of GULF WAR EXPOSURES Defense, the Joint Chiefs of Staff, and other senior military leaders, to develop and transmit to Congress a com- Committee on Veterans’ Affairs: Subcommittee on prehensive strategy for the redeployment of United States Health held a hearing on Gulf War Exposures. Tes- Armed Forces in Iraq; and H.R. 3159, Ensuring Military timony was heard from Lawrence Deyton, M.D., Readiness Through Stability and Predictability Deploy- Chief Public Health and Environmental Hazards Of- ment Policy Act of 2007, 9:30 a.m., and 1 p.m., 2118 ficer, Veterans Health Administration, Department Rayburn. of Veterans Affairs; representatives of veterans orga- Committee on Financial Services, Subcommittee on Over- nizations; and public witnesses. sight and Investigations, hearing entitled ‘‘Credit-Based Insurance Scores: Are They Fair?’’ 10 a.m., 2128 Ray- CHILDREN’S HEALTH AND MEDICARE burn. Committee on the Judiciary, Subcommittee on Immigra- PROTECTION ACT OF 2007 tion, Citizenship, Refugees, Border Security, and Inter- Committee on Ways and Means: Began markup of H.R. national Law, to request Department of Homeland Secu- 3162, Children’s Health and Medicare Protection rity reports on certain private bills; and to mark up the Act of 2007. following bills: H.R. 1119, Purple Heart Family Equity Act of 2007; and H.R. September 11 Family Humani- BRIEFING—NATIONAL DRUG tarian Relief and Patriotism Act, 9 a.m., 2141 Rayburn. INTELLIGENCE ACT Committee on Rules, to consider the following: H.R. 2831, Ledbetter Fair Pay Act of 2007; H.R. 986, Permanent Select Committee on Intelligence: Met in execu- Eightmile Wild and Scenic River Act; and H.R. 3161, tive session to receive a briefing on National Drug Agriculture, Rural Development, Food and Drug Admin- Intelligence Center. The Committee was briefed by istration, and Related Agencies Appropriations Act, departmental witnesses. 2008, 11 a.m., H–313 Capitol.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED TENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through June 30, 2007 January 4 through June 30, 2007

Senate House Total Civilian nominations, totaling 312, disposed of as follows: Days in session ...... 101 92 . . Confirmed ...... 123 Time in session ...... 747 hrs., 04′ 820 hrs., 22′ .. Unconfirmed ...... 173 Congressional Record: Withdrawn ...... 16 Pages of proceedings ...... 8,756 7,435 . . Extensions of Remarks ...... 1,468 . . Public bills enacted into law ...... 8 31 . . Other Civilian nominations, totaling 2,228, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 2,222 Bills in conference ...... 2 . . Unconfirmed ...... 6 Measures passed, total ...... 285 533 818 Senate bills ...... 40 14 . . House bills ...... 39 237 . . Air Force nominations, totaling 5,169, disposed of as follows: Senate joint resolutions ...... 1 . . . . Confirmed ...... 5,132 House joint resolutions ...... 1 1 . . Unconfirmed ...... 37 Senate concurrent resolutions ...... 11 3 . . House concurrent resolutions ...... 22 49 . . Simple resolutions ...... 171 229 . . Army nominations, totaling 1,889, disposed of as follows: Measures reported, total ...... 213 210 423 Confirmed ...... 1,814 Senate bills ...... 121 1 . . Unconfirmed ...... 75 House bills ...... 25 140 . . Senate joint resolutions ...... 2 . . . . House joint resolutions ...... Navy nominations, totaling 31,996, disposed of as follows: Senate concurrent resolutions ...... 6 . . . . Confirmed ...... 958 House concurrent resolutions ...... 3 5 . . Unconfirmed ...... 1,038 Simple resolutions ...... 56 64 . . Special reports ...... 12 5 . . Conference reports ...... 1 2 . . Marine Corps nominations, totaling 1,327, disposed of as follows: Measures pending on calendar ...... 171 17 . . Confirmed ...... 1,324 Measures introduced, total ...... 2,059 3,707 5,766 Unconfirmed ...... 3 Bills ...... 1,749 2,951 .. Joint resolutions ...... 16 46 . . Concurrent resolutions ...... 40 181 . . Summary Simple resolutions ...... 262 529 . . Quorum calls ...... 3 6 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 238 291 . . Total nominations received this Session ...... 12,921 Recorded votes ...... 309 . . Total confirmed ...... 11,573 Bills vetoed ...... 1 1 . . Total unconfirmed ...... 1,332 Vetoes overridden ...... Total withdrawn ...... 16 Total returned to the White House ...... 0 * These figures include all measures reported, even if there was no accompanying report. A total of 125 reports have been filed in the Senate, a total of 217 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, July 30 9:30 a.m., Friday, July 27

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Friday: Continue consideration of H.R. morning business (not to extend beyond 3:00 p.m.), Sen- 2419—Farm Bill Extension Act of 2007. ate will resume consideration of the motion to proceed to consideration of H.R. 976, Small Business Tax Relief Act, and vote on the motion to invoke cloture thereon at 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gillmor, Paul E., Ohio, E1622 Murphy, Christopher S., Conn., E1625 Graves, Sam, Mo., E1626 Pitts, Joseph R., Pa., E1634 Bishop, Sanford D., Jr., Ga., E1626 Higgins, Brian, N.Y., E1623 Rangel, Charles B., N.Y., E1633 Boyda, Nancy E., Kans., E1621 Hoyer, Steny H., Md., E1633 Reynolds, Thomas M., N.Y., E1624 Brown, Henry E., Jr., S.C., E1625 Lamborn, Doug, Colo., E1624 Rogers, Mike, Ala., E1626 Capps, Lois, Calif., E1628 Lampson, Nick, Tex., E1621 Sessions, Pete, Tex., E1631 Clarke, Yvette D., N.Y., E1631 Langevin, James R., R.I., E1630 Sherman, Brad, Calif., E1623 Conyers, John, Jr., MI E1623 Loebsack, David, Iowa, E1634 Smith, Adam, Wash., E1628 Costa, Jim, Calif., E1632 Lofgren, Zoe, Calif., E1630 Duncan, John J., Jr., Tenn., E1625 McCaul, Michael T., Tex., E1627 Smith, Adrian, Nebr., E1625 Ellison, Kieth, Minn., E1631, E1632, E1634 McIntyre, Mike, N.C., E1631 Thompson, Bennie G., Miss., E1629 Eshoo, Anna G., Calif., E1630 Mack, Connie, Fla., E1625 Thompson, Mike, Calif., E1630 Fossella, Vito, N.Y., E1631 Maloney, Carolyn B., N.Y., E1632, E1633 Tiberi, Patrick J., Ohio, E1632 Frank, Barney, Mass., E1629 Matsui, Doris O., Calif., E1628 Udall, Mark, Colo., E1621, E1622, E1624 Franks, Trent, Ariz., E1626 Miller, Jeff, Fla., E1626 Van Hollen, Chris, Md., E1627, E1628 Gillibrand, Kirsten E., N.Y., E1630 Moran, James P., Va., E1633 Weller, Jerry, Ill., E1627

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