Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION

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

Vol. 152 WASHINGTON, WEDNESDAY, DECEMBER 6, 2006 No. 133—Part II House of Representatives LIFESPAN RESPITE CARE ACT OF cessing affordable and high-quality res- SECTION 1. SHORT TITLE. 2006 pite care, and for other purposes, as This Act may be cited as the ‘‘Lifespan amended. Respite Care Act of 2006’’. Mr. DEAL of Georgia. Mr. Speaker, I The Clerk read as follows: SEC. 2. LIFESPAN RESPITE CARE. move to suspend the rules and pass the H.R. 3248 bill (H.R. 3248) to amend the Public Be it enacted by the Senate and House of Rep- The Public Health Service Act (42 U.S.C. Health Service Act to establish a pro- resentatives of the United States of America in 201 et seq.) is amended by adding at the end gram to assist family caregivers in ac- Congress assembled, the following:

N O T I C E The Government Printing Office will publish corrections to the Congressional Record as a pilot program that has been authorized by the U.S. Senate and House of Representatives. Corrections to the online Congressional Record will appear on the page on which the error occurred. The corrections will also be printed after the History of Bills and Resolutions section of the Congressional Record Index for print-only viewers of the Congressional Record. By order of the Joint Committee on Printing. TRENT LOTT, Chairman.

N O T I C E If the 109th Congress, 2d Session, adjourns sine die on or before December 15, 2006, a final issue of the Congres- sional Record for the 109th Congress, 2d Session, will be published on Wednesday, December 27, 2006, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 27. The final issue will be dated Wednesday, December 27, 2006, and will be delivered on Thursday, December 28, 2006. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. TRENT LOTT, Chairman.

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 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 8633 E:\CR\FM\K06DE7.035 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8774 CONGRESSIONAL RECORD — HOUSE December 6, 2006 ‘‘TITLE XXIX—LIFESPAN RESPITE CARE ‘‘SEC. 2902. LIFESPAN RESPITE CARE GRANTS forms of reimbursements, personnel, and fa- AND COOPERATIVE AGREEMENTS. ‘‘SEC. 2901. DEFINITIONS. cilities; ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘In this title: ‘‘(ix) respite care services available to fam- tion are— ‘‘(1) ADULT WITH A SPECIAL NEED.—The ily caregivers in the eligible State agency’s ‘‘(1) to expand and enhance respite care term ‘adult with a special need’ means a per- State or locality, including unmet needs and services to family caregivers; son 18 years of age or older who requires care how the eligible State agency’s plan for use ‘‘(2) to improve the statewide dissemina- or supervision to— of funds will improve the coordination and tion and coordination of respite care; and ‘‘(A) meet the person’s basic needs; distribution of respite care services for fam- ‘‘(3) to provide, supplement, or improve ac- ‘‘(B) prevent physical self-injury or injury ily caregivers of children and adults with cess and quality of respite care services to to others; or special needs; family caregivers, thereby reducing family ‘‘(C) avoid placement in an institutional ‘‘(x) the criteria used to identify family caregiver strain. facility. caregivers eligible for respite care services; ‘‘(b) AUTHORIZATION.—Subject to sub- ‘‘(xi) how the quality and safety of any res- ‘‘(2) AGING AND DISABILITY RESOURCE CEN- section (e), the Secretary is authorized to pite care services provided will be mon- TER.—The term ‘aging and disability re- award grants or cooperative agreements for itored, including methods to ensure that res- source center’ means an entity admin- the purposes described in subsection (a) to istering a program established by the State, pite care workers and volunteers are appro- eligible State agencies for which an applica- priately screened and possess the necessary as part of the State’s system of long-term tion is submitted pursuant to subsection (d). skills to care for the needs of the care recipi- care, to provide a coordinated system for ‘‘(c) FEDERAL LIFESPAN APPROACH.—In car- ent in the absence of the family caregiver; providing— rying out this section, the Secretary shall and ‘‘(A) comprehensive information on avail- work in cooperation with the National Fam- ‘‘(xii) the results expected from proposed able public and private long-term care pro- ily Caregiver Support Program of the Ad- respite care activities and the procedures to grams, options, and resources; ministration on Aging and other respite care be used for evaluating those results; ‘‘(B) personal counseling to assist individ- programs within the Department of Health ‘‘(C) assurances that, where appropriate, uals in assessing their existing or antici- and Human Services to ensure coordination the eligible State agency will have a system pated long-term care needs, and developing of respite care services for family caregivers for maintaining the confidentiality of care and implementing a plan for long-term care of children and adults with special needs. recipient and family caregiver records; and designed to meet their specific needs and cir- ‘‘(d) APPLICATION.— ‘‘(D) a memorandum of agreement regard- cumstances; and ‘‘(1) SUBMISSION.—Each Governor desiring ing the joint responsibility for the eligible ‘‘(C) consumer access to the range of pub- the eligible State agency of his or her State State agency’s lifespan respite program be- licly supported long-term care programs for to receive a grant or cooperative agreement tween— which consumers may be eligible, by serving under this section shall submit an applica- ‘‘(i) the eligible State agency; and as a convenient point of entry for such pro- tion on behalf of such agency to the Sec- ‘‘(ii) a public or private nonprofit state- grams. retary at such time, in such manner, and wide respite coalition or organization. ‘‘(3) CHILD WITH A SPECIAL NEED.—The term containing such information as the Sec- ‘‘(e) PRIORITY; CONSIDERATIONS.—When ‘child with a special need’ means an indi- retary shall require. awarding grants or cooperative agreements vidual less than 18 years of age who requires ‘‘(2) CONTENTS.—Each application sub- under this section, the Secretary shall— care or supervision beyond that required of mitted under this section shall include— ‘‘(1) give priority to eligible State agencies children generally to— ‘‘(A) a description of the eligible State that the Secretary determines show the ‘‘(A) meet the child’s basic needs; or agency’s— greatest likelihood of implementing or en- ‘‘(B) prevent physical injury, self-injury, or ‘‘(i) ability to work with other State and hancing lifespan respite care statewide; and injury to others. community-based agencies; ‘‘(2) give consideration to eligible State ‘‘(4) ELIGIBLE STATE AGENCY.—The term ‘el- ‘‘(ii) understanding of respite care and fam- agencies that are building or enhancing the igible State agency’ means a State agency ily caregiver issues across all age groups, capacity of their long-term care systems to that— disabilities, and chronic conditions; and respond to the comprehensive needs, includ- ‘‘(A) administers the State’s program ‘‘(iii) capacity to ensure meaningful in- ing respite care needs, of their residents. under the Older Americans Act of 1965, ad- volvement of family members, family care- ‘‘(f) USE OF GRANT OR COOPERATIVE AGREE- ministers the State’s program under title givers, and care recipients; MENT FUNDS.— XIX of the Social Security Act, or is des- ‘‘(B) with respect to the population of fam- ‘‘(1) IN GENERAL.— ignated by the Governor of such State to ad- ily caregivers to whom respite care informa- ‘‘(A) REQUIRED USES OF FUNDS.—Each eligi- minister the State’s programs under this tion or services will be provided or for whom ble State agency awarded a grant or coopera- title; respite care workers and volunteers will be tive agreement under this section shall use ‘‘(B) is an aging and disability resource recruited and trained, a description of— all or part of the funds— center; ‘‘(i) the population of family caregivers; ‘‘(i) to develop or enhance lifespan respite ‘‘(C) works in collaboration with a public ‘‘(ii) the extent and nature of the respite care at the State and local levels; or private nonprofit statewide respite care care needs of that population; ‘‘(ii) to provide respite care services for coalition or organization; and ‘‘(iii) existing respite care services for that family caregivers caring for children or ‘‘(D) demonstrates— population, including numbers of family adults; ‘‘(i) an ability to work with other State caregivers being served and extent of unmet ‘‘(iii) to train and recruit respite care and community-based agencies; need; workers and volunteers; ‘‘(ii) an understanding of respite care and ‘‘(iv) existing methods or systems to co- ‘‘(iv) to provide information to caregivers family caregiver issues across all age groups, ordinate respite care information and serv- about available respite and support services; disabilities, and chronic conditions; and ices to the population at the State and local and ‘‘(iii) the capacity to ensure meaningful in- level and extent of unmet need; ‘‘(v) to assist caregivers in gaining access volvement of family members, family care- ‘‘(v) how respite care information dissemi- to such services. givers, and care recipients. nation and coordination, respite care serv- ‘‘(B) OPTIONAL USES OF FUNDS.—Each eligi- ‘‘(5) FAMILY CAREGIVER.—The term ‘family ices, respite care worker and volunteer re- ble State agency awarded a grant or coopera- caregiver’ means an unpaid family member, cruitment and training programs, or train- tive agreement under this section may use a foster parent, or another unpaid adult, who ing programs for family caregivers that as- part of the funds for— provides in-home monitoring, management, sist such family caregivers in making in- ‘‘(i) training programs for family care- supervision, or treatment of a child or adult formed decisions about respite care services givers to assist such family caregivers in with a special need. will be provided using grant or cooperative making informed decisions about respite ‘‘(6) LIFESPAN RESPITE CARE.—The term agreement funds; care services; ‘lifespan respite care’ means a coordinated ‘‘(vi) a plan for administration, collabora- ‘‘(ii) other services essential to the provi- system of accessible, community-based res- tion, and coordination of the proposed res- sion of respite care as the Secretary may pite care services for family caregivers of pite care activities with other related serv- specify; or children or adults with special needs. ices or programs offered by public or private, ‘‘(iii) training and education for new care- ‘‘(7) RESPITE CARE.—The term ‘respite care’ nonprofit entities, including area agencies givers. means planned or emergency care provided on aging; ‘‘(2) SUBCONTRACTS.—Each eligible State to a child or adult with a special need in ‘‘(vii) how the population, including family agency awarded a grant or cooperative order to provide temporary relief to the fam- caregivers, care recipients, and relevant pub- agreement under this section may carry out ily caregiver of that child or adult. lic or private agencies, will participate in the activities described in paragraph (1) di- ‘‘(8) STATE.—The term ‘State’ means any of the planning and implementation of the pro- rectly or by grant to, or contract with, pub- the several States, the District of Columbia, posed respite care activities; lic or private entities. the Virgin Islands of the United States, the ‘‘(viii) how the proposed respite care ac- ‘‘(3) MATCHING FUNDS.— Commonwealth of Puerto Rico, Guam, Amer- tivities will make use, to the maximum ex- ‘‘(A) IN GENERAL.—With respect to the ican Samoa, and the Commonwealth of the tent feasible, of other Federal, State, and costs of the activities to be carried out under Northern Mariana Islands. local funds, programs, contributions, other paragraph (1), a condition for the receipt of

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.010 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8775 a grant or cooperative agreement under this from New Jersey (Mr. PALLONE) each For example, this is especially im- section is that the eligible State agency will control 20 minutes. portant for people living in many areas agrees to make available (directly or The Chair recognizes the gentleman of my congressional district in north- through donations from public or private en- from Georgia. ern Georgia, where people must often tities) non-Federal contributions toward GENERAL LEAVE such costs in an amount that is not less than drive long distances to access the near- 25 percent of such costs. Mr. DEAL of Georgia. Mr. Speaker, I est doctor, hospital or long-term care ‘‘(B) DETERMINATION OF AMOUNT CONTRIB- would ask that all Members have 5 leg- facility. The bill will also support fam- UTED.—Non-Federal contributions required islative days within which to revise ily caregivers in their noble and com- by subparagraph (A) may be in cash or in and extend their remarks and insert passionate efforts to keep their loved kind, fairly evaluated, including plant, extraneous material on the bill. ones at home. Numerous studies have equipment, or services. Amounts provided by The SPEAKER pro tempore. Is there shown that at-home care by a loved the Federal Government, or services assisted objection to the request of the gen- one can delay or prevent placement in or subsidized to any significant extent by the tleman from Georgia? Federal Government, may not be included in expensive long-term care facilities, There was no objection. such as a nursing home. determining the amount of such non-Federal Mr. DEAL of Georgia. I yield myself contributions. Because the Federal Medicaid pro- as much time as I may consume. gram is the primary purchaser of nurs- ‘‘(g) TERM OF GRANTS OR COOPERATIVE Mr. Speaker, I rise today in strong AGREEMENTS.— ing home care in the United States, support of H.R. 3248, the Lifespan Res- ‘‘(1) IN GENERAL.—The Secretary shall this informal at-home care saves the pite Care Act of 2006. This legislation is award grants or cooperative agreements Federal taxpayers millions of dollars a an important first step in offering help under this section for terms that do not ex- year. Other studies have verified what ceed 5 years. to the estimated 25 million Americans most of us already know. People are ‘‘(2) RENEWAL.—The Secretary may renew currently caring for a sick, aged or dis- healthier and happier when they can a grant or cooperative agreement under this abled loved one at home. Whether it is live at home. The availability of res- section at the end of the term of the grant or an aged father or mother, a spouse who cooperative agreement determined under has suffered a work-related injury, or a pite care plays an important role in en- paragraph (1). child with a special need, almost all of abling family caregivers to keep their ‘‘(h) MAINTENANCE OF EFFORT.—Funds us have either taken care of or know loved ones at home and delays or made available under this section shall be avoids other much more expensive op- used to supplement and not supplant other someone who is taking care of a loved one at home. tions. Federal, State, and local funds available for This legislation is only a first step in respite care services. As an experienced caregiver for my addressing the emerging needs of fam- ‘‘SEC. 2903. NATIONAL LIFESPAN RESPITE RE- mother and both of my wife’s parents, SOURCE CENTER. I am personally aware of the benefits of ily caregivers in the United States. To ‘‘(a) ESTABLISHMENT.—The Secretary may at-home care. But I am also acutely solve this problem, we will need gov- award a grant or cooperative agreement to a aware that there are financial, emo- ernment, health insurance companies, public or private nonprofit entity to estab- tional and physical burdens for the long-term care and other health care lish a National Resource Center on Lifespan family caregiver that can sometimes providers and consumers all working Respite Care (referred to in this section as together to find innovative solutions. the ‘center’). be overwhelming. Respite is a caregiver focused service that allows fam- At this time, I would like to ac- ‘‘(b) PURPOSES OF THE CENTER.—The center knowledge the efforts of my colleague shall— ily members to take a much-needed ‘‘(1) maintain a national database on life- break from the daily emotional and and vice-chairman of the Sub- span respite care; physical stresses associated with car- committee on Health, the gentleman ‘‘(2) provide training and technical assisting for a loved one at home. It also al- from New Jersey (Mr. FERGUSON). His ance to State, community, and nonprofit res- lows family caregivers to attend to fi- passion on this issue is truly commend- pite care programs; and nancial and practical matters that able, as are his tireless efforts to ad- ‘‘(3) provide information, referral, and edu- occur outside their roles as caregivers, dress so many health care concerns of cational programs to the public on lifespan importance to the American people. I respite care. such as taking time to pay bills, go grocery shopping or go to a doctor’s ap- would also like to thank Randy Pate of ‘‘SEC. 2904. REPORT. pointment for themselves. the Subcommittee on Health staff, and ‘‘Not later than January 1, 2009, the Sec- Mr. David Rosenfeld, formerly of our retary shall report to the Congress on the ac- There are many forms of respite care, tivities undertaken under this title. Such re- including at-home visits by a trained staff, for their hard work on this import shall evaluate— professional, adult day care services or portant legislation. ‘‘(1) the number of States that have life- even volunteer respite services pro- Mr. Speaker, I would strongly urge span respite care programs; vided by local religious or civic organi- my colleagues to support my bill. ‘‘(2) the demographics of the caregivers re- zations. While the demand for respite Mr. Speaker, I reserve the balance of ceiving respite care services through grants care services continues to grow at an my time. or cooperative agreements under this title; almost exponential rate, many Ameri- Mr. PALLONE. Mr. Speaker, I yield and cans today are confused by or unaware myself such time as I may consume. ‘‘(3) the effectiveness of entities receiving of the daunting array of public and pri- Mr. Speaker, I rise today in support grants or cooperative agreements under this of H.R. 3248, the Lifespan Respite Care title. vate respite care options, but may also Act of 2006, and I am glad to be a co- ‘‘SEC. 2905. AUTHORIZATION OF APPROPRIA- have difficulty understanding and navi- TIONS. gating the complicated regulations and sponsor of this legislation. Respite care ‘‘There are authorized to be appropriated eligibility requirements for various programs are an integral part of the to carry out this title— public programs offering access to res- long-term delivery systems for long- ‘‘(1) $30,000,000 for fiscal year 2007; pite care. term care. All too often family care- ‘‘(2) $40,000,000 for fiscal year 2008; The Lifespan Respite Care Act is an givers provide arduous and ongoing ‘‘(3) $53,330,000 for fiscal year 2009; important first step that will set up care for aging and disabled loved ones. ‘‘(4) $71,110,000 for fiscal year 2010; and clearinghouses of information to edu- The programs contained within this ‘‘(5) $94,810,000 for fiscal year 2011.’’. cate consumers about respite care op- legislation seek to provide interim re- SEC. 3. GAO REPORT ON LIFESPAN RESPITE tions available in their areas. It will lief in these situations and for those CARE PROGRAMS. Not later than January 1, 2011, the Comp- also allow States to offer consumer in- overextended families. troller General of the United States shall formation on the broad array of pro- Despite the numerous Federal pro- conduct an evaluation and submit a report grams offering long-and short-term grams that have the potential to fund to the Congress on the effectiveness of life- care support services. The legislation respite services, there is no single co- span respite programs, including an analysis also provides funding to build the need- ordinated caregiver friendly program of cost benefits and improved efficiency in ed infrastructure and coordinating ca- to support the development or imple- service delivery. pacity at the State and local levels so mentation of lifespan respite care serv- The SPEAKER pro tempore. Pursu- that more people will have access to ices. Even where resources are avail- ant to the rule, the gentleman from respite care, especially those in rural able many families cannot find pro- Georgia (Mr. DEAL) and the gentleman and underserved parts of the country. viders who are adequately trained to

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.010 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8776 CONGRESSIONAL RECORD — HOUSE December 6, 2006 care for people with disabilities who monuments we had with our mom, and givers, according to some recent stud- can provide them the temporary relief we treasured them, knowing that it ies. For example, mortality rates that they desperately need. was my dad’s love and care which among older caregivers are 63 percent The Lifespan Respite Care Act of 2006 helped to make them possible. higher than among older non-care- would authorize the award of grants There are tens of millions of family givers. Two-thirds of family caregivers and cooperative agreements to eligible caregivers in this country who provide report physical or mental health prob- State agencies to develop or enhance the same loving and compassionate lems that are linked to their care giv- lifespan respite care programs at the care that we saw my dad provide for ing. State and local levels. These grants my mom near the end of her life. In our Nationally, there is no coordinated and cooperative agreements would pro- family we were fortunate to have a approach that exists among different vide assistance to programs that pro- support structure of relatives and levels of government or advocacy vide training, information, counseling friends who were able to provide a groups to help those who need respite and access to the range of publicly sup- break for my dad when he really need- care to find it and to qualify for it and ported long-term care programs for ed one. That respite was crucial for to pay for it. family caregivers of children and him. For him to stay healthy himself, b 1215 adults with special needs. it enabled him to provide better care State agencies would work to ensure for my mom. The problem is that respite care is in meaningful involvement of family But there are countless caregivers short supply or it doesn’t exist at all in members, family caregivers and care around this country who are not some areas. This legislation that we recipients. This bill would also estab- blessed with that built-in support are considering today would change lish the National Resource Center on structure, and they are desperately in that. The Lifespan Respite Care Act Lifespan Respite Care to provide tech- need of a break from time to time. Be- would improve coordination and access nical assistance, information referral cause while the benefits of in-home for respite care and recruit and train and educational programs on lifespan care can be significant for the family, respite care providers. With $289 mil- respite care. compared with institutionalized care, lion over the next 5 years, the bill Without respite and other services of the cost for the family caregiver, from would also aid family caregivers in support for family caregivers, many emotional to financial, can be enor- finding and paying for respite services are forced to quit their jobs or reduce mous. through competitive grants to States their paid employment. Other would-be All across the country there are peo- to make quality respite care available caregivers are forced to place their rel- ple like Karen Pinter of Hillsborough, and accessible, regardless of age or dis- atives in unwanted and more costly in- New Jersey, providing in-home care. ability or family situation. stitutional or foster care programs. Karen provides round the clock care for National and grassroots advocacy H.R. 3248 enjoys a great deal of bipar- her 10-year-old autistic daughter, Jes- groups, including the AARP, Alz- tisan support, as well as support from a sica. For Mrs. Pinter, respite means re- heimer’s Association, Epilepsy Founda- diverse stakeholder community, in- ceiving $40 once a week from the New tion, National Multiple Sclerosis Soci- cluding Easter Seals, the National Edu- Jersey Family Support Center so that ety, Paralyzed Veterans of America, cation Association, the National Men- she can hire a tutor for her daughter. The Arc of the United States, and tal Health Association and the Chil- With a tutor, Karen Pinter can take United Cerebral Palsy, they all support dren’s Defense Fund. I would like to a much-needed break so she can do this legislation. thank Mr. FERGUSON for sponsoring simple things for herself and for her Why does this legislative effort have this legislation and urge my colleagues family that many of us take for grant- such strong support from such rep- on both sides of the aisle to support ed, like writing out that week’s gro- utable organizations and many others? this bill. cery list or preparing dinner or paying Because we know respite care works. Mr. Speaker, I reserve the balance of bills or simply taking a break for her- Respite care improves the health and my time. self. well-being of caregivers and reduces Mr. DEAL of Georgia. Mr. Speaker, I Respite for Eugenia and Roger Gore the risk of abuse or neglect. Impor- am pleased to yield 10 minutes to the of Scotch Plains, New Jersey, helps tantly, it also delays or even avoids author of the legislation, the gen- their family to make ends meet. Their more costly hospitalizations or place- tleman from New Jersey (Mr. FER- family uses respite hours so their 13- ments in nursing homes or foster care. GUSON). year-old autistic son can attend an ex- Mr. Speaker, for over 2 years I have Mr. FERGUSON. Mr. Speaker, I rise tended-day program at school so Mrs. been working tirelessly with many of today in support of H.R. 3248, the Life- Gore can work outside the home to our colleagues on the Energy and Com- span Respite Care Act. This important help further support their family. merce Committee on both sides of the bipartisan legislation will for the first Now the Gore family uses their res- aisle to bring this bill to the floor. I time establish a national policy to help pite funds to enable Mrs. Gore to work want to thank Chairman BARTON for our Nation’s 50 million family care- outside the home. This helps alleviate his support and the ranking member of givers, including 900,000 New Jersey a financial burden, but it does not our committee, Mr. DINGELL. I want to family caregivers who provide daily allow their family the break that res- offer a special word of thanks to Chair- care for their loved ones with disabil- pite oftentimes would. Even as they ap- man NATHAN DEAL for his support of ities and chronic conditions or ill- plied to the State of New Jersey for this bill. I know his heart is very close nesses. support for some respite hours on a to this effort. I want to thank the Instead of an institutionalized set- weekend so they could get that much- ranking member, Mr. PALLONE, as well ting, in-home family caregivers provide needed break for grocery shopping or for his strong support of this legisla- minute-by-minute special assistance to to attend one of their other son’s ath- tion. a loved one with a disability or a crit- letic games, unfortunately they were I also want to thank the over 180 na- ical illness or a chronic condition. Mr. denied. tional and State and local organiza- Speaker, family caregivers are remark- For caregivers providing intense and tions who, under the direction of the able people. They make extraordinary exhausting care 24 hours a day, 7 days National Respite Coalition and its sacrifices to help those whom they love a week, 365 days a year, the occasional chair, Jill Kagan, who is here in our so dearly. I saw one such example first- short break can literally be a lifesaver. Chamber today with us, we have hand almost 10 years ago when my That is what respite care is. It is pro- worked tirelessly on behalf of the Na- mom was diagnosed with multiple viding a break for caregivers. tion’s family caregivers on this issue. I myeloma. For 6 years, my dad cared for Mrs. Pinter has told me that caring want to thank Tom Fussaro from our her as she battled cancer. for a special needs child can be very staff in our office, and Eric Joyce from She lived longer than any of her doc- joyful. It can also be very challenging, the Family Resource Network and the tors thought she would, and since she and she is right. Family caregivers suf- Epilepsy Foundation of New Jersey. went to heaven 31⁄2 years ago, our fam- fer poor health and even higher mor- And I particularly want to thank Mr. ily has looked back on those extra tality rates than non-family care- LANGEVIN, the gentleman from Rhode

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.037 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8777 Island, who has been such a strong sup- els, providing invaluable services to caregivers are employed, many are forced to porter and my partner in this legisla- the families of people with chronic dis- make extreme financial sacrifices in order to tion all along the way. ease or disability. Yet in too many sit- continue to provide care. In an Iowa survey of Finally, I want to thank my dad, who uations, caregivers simply don’t know parents of children with disabilities, a signifi- has provided our family and many oth- how to find information about avail- cant relationship was demonstrated between ers with a remarkable example of the able respite care and access to these the severity of a child’s disability and their par- loving care that a family caregiver can services. In other cases, respite care is ents missing more work hours than other em- provide. simply unavailable to those who need ployees. They also found that the lack of avail- Providing relief to our Nation’s fam- it. able respite care interfered with parents ac- ily caregivers is long overdue, and I I originally introduced the Lifespan cepting job opportunities. Over the course of a urge my colleagues to support this leg- Respite Care Act in the 107th Congress, caregiving ‘‘career,’’ family caregivers pro- islation. Today’s action by this House working with the National Respite Co- viding intense personal care can lose as much will represent not only an important alition to craft a bill that would assist as $659,000 in wages, pensions and Social victory for family caregivers nation- States and local organizations in iden- Security. wide but also sends America’s care- tifying and filling the gaps in their sys- The cost to U.S. businesses is even more givers a very clear message: Your self- tems. While I do wish we could have ad- staggering. A new study by Metropolitan Life less sacrifice is appreciated, and help is dressed this important issue sooner, I Insurance Company and the National Alliance on the way. am grateful to Representative FER- for Caregivers found that U.S. businesses lose Mr. PALLONE. Mr. Speaker, I yield 4 GUSON for his leadership in ensuring from $17.1 billion to $33.6 billion per year in minutes to the gentleman from Rhode that this bill came to the House floor. lost productivity of family caregivers. Offering Island (Mr. LANGEVIN). By passing this legislation and com- respite to working family caregivers could help Mr. LANGEVIN. Mr. Speaker, I mitting to build upon successful exist- improve job performance and employers could thank the gentleman for yielding. Mr. Speaker, I want to thank the ing programs, we can make a powerful potentially save billions. statement to so many Americans who Still, many barriers exist to accessing res- gentleman from New Jersey (Mr. FER- are silently struggling right now. It is pite—including a reluctance to ask for help, GUSON), my partner in this effort, for his leadership on this exceptional bill. a statement of gratitude for their fragmented and narrowly targeted services, Mr. Speaker, it is with great enthu- many hours of work and a statement of cost, and the lack of information about how to siasm that I voice my strong support support for when the challenges be- find or choose a provider. Even when respite for the Lifespan Respite Care Act. For come too daunting. is an allowable funded service and resources more than 4 years, I have worked to Mr. Speaker, I thank the congres- are available to pay, a critically short supply of pass a bill that would ease the burden sional leadership for their hard work in well-trained respite providers may prohibit a of responsibility on family caregivers. moving this bill forward and bringing family from making use of a service they so I particularly want to acknowledge it to the floor today, and I urge all of desperately need. the hard work of so many advocates, my colleagues to vote in favor of the Restrictive eligibility criteria also preclude organizations and individuals who Lifespan Respite Care Act. To the peo- many families from receiving services or con- worked with me to get this bill to ple at home, help is on the way. tinuing to receive services they once were eli- where it is today. In particular I want Mr. FERGUSON. Mr. Speaker, today I rise gible for. A New Jersey mother of a 12 year to thank the chairman of the sub- in support of H.R. 3248, the Lifespan Respite old with autism was denied additional respite committee, and I also want to thank Care Act. For over 2 years I have been work- because she was not a single mother, was not Jill Kagan of the National Respite Coa- ing diligently with many of my colleagues on at poverty level, and was not exhibiting any lition for her tireless efforts over the Energy and Commerce Committee to bring emotional or physical conditions herself. As many, many years. this bill to the floor. Over 180 national, State she told us, ‘‘Do I have to endure a failed mar- Mr. Speaker, an estimated 26 million and local organizations under the direction of riage or serious health consequences for my- Americans are currently caring for an the National Respite Coalition have worked self or my family before I can qualify for res- adult family member who is chron- tirelessly on behalf of the Nation’s family care- pite? Respite is supposed to be a preventive ically ill or disabled. Additionally, an givers to help us get to this point. This legisla- service.’’ estimated 18 million children have tion will for the first time establish respite as Respite, the most frequently requested serv- chronic physical, developmental, be- a policy priority for the Nation’s estimated 50 ice among family caregivers, offers a tem- havioral or emotional conditions that million family caregivers, who daily provide porary break from the rigors of continuous place significant demands on their par- care for their loved ones with disabling or care and helps sustain their own health and ents. Family caregivers live in all of chronic conditions or illnesses. well-being. Others are able to tend to an our communities and they are often si- Most caregivers freely and willingly provide emergency situation or personal health crisis. lent heroes, ensuring family stability this care out of love and commitment, but For a caregiver providing intense and exhaust- and helping those who struggle with often at great cost to themselves physically, ing care 24 hours a day, 7 days a week, 365 disease or disability to avoid more emotionally, and financially. One in five care- days a year, an occasional short break can lit- costly institutional placements. givers report that they are in fair or poor erally be a life saver. While voluntary care is personally health; 43 percent report having a chronic Respite reduces stress, enhances caregiver rewarding, it can result in substantial health condition that requires ongoing medical health and well-being, and ensures the safety emotional, physical and financial care, putting themselves at great risk and and health of the loved ones in our care. Stud- strain on the caregiver. When one fam- jeopardizing their ability to provide continued ies have shown that respite care for family ily member is caring for another, it care to their dependent loved ones. An esti- caregivers has resulted in fewer hospitaliza- doesn’t mean that the other respon- mated 46 percent to 59 percent of family care- tions for the children and elderly family mem- sibilities of the family simply stop. givers are clinically depressed. A recent med- bers in care. Respite has also been shown to Children still need to be brought to ical study found that older caregivers who help reduce the likelihood of abuse and ne- school, food shopping still needs to be were providing care for an elderly individual glect and foster care placements. Research done, doctors appointments still need with a disability and experiencing caregiver conducted by the ARCH National Respite Re- to be made and kept, particularly when strain had mortality rates that were 63 percent source Center has also shown that respite can it involves the caregiver themselves. higher than non-caregiving controls. help keep marriages intact and enhance family Mr. Speaker, they need to know that Caregivers are stretched thin in others ways stability. Another study found that if respite they are not alone and they need to as well, often with lost income and multiple care delays institutionalization of a person with know where to turn when the pressures family responsibilities. Nearly half of care- Alzheimer’s disease by as little as a month, of their situation become too much for givers—48 percent—providing care to child, $1.12 billion is saved annually. them to bear. Respite care services re- adult or elderly family members who have The bill authorizes $289 million over 5 years lieve caregivers from daily care giving chronic or disabling conditions, have other for competitive grants to States through Aging tasks on a temporary or even long- children under age 18. Forty-two percent have and Disability Resource Centers working in term basis. family incomes below 200 percent of poverty collaboration with State respite coalitions or Many lifespan respite programs are compared to 34 percent of women without other State organizations. These organizations already in place at State and local lev- family caregiving responsibilities. While most provide or have expertise in respite to make

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 9920 E:\CR\FM\K06DE7.038 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8778 CONGRESSIONAL RECORD — HOUSE December 6, 2006 respite available and accessible to family care- Services in implanting the program to have all found that 79 percent of the respondents re- givers, regardless of age or disability, through agencies in HHS with respite programs or reported decreased stress and 58 percent re- coordinated lifespan respite systems. This leg- sources work collaboratively at every level, ported decreased isolation. In addition, one islation would help States maximize the use of from developing program guidance and award- out of four families with children under 21 re- existing resources and leverage new dollars ing grants and cooperative agreements, to ported they were less likely to place their chil- by building on current services and systems monitoring and evaluation. Congress intends dren in out-of-home care once respite services that States already have in place. The bill the following agencies to work together: the were available. would help support planned and emergency Administration on Aging, the Administration on The Nebraska program works because it is respite, respite workers and volunteer training Developmental Disabilities, the Substance efficient and maximizes existing resources and recruitment, caregiver training, and pro- Abuse and Mental Health Services Administra- across all age groups and disabilities by de- gram evaluation. tion, the Administration on Children and Fami- veloping unique partnerships with Medicaid, The congressional intent of the legislation is lies, including the Office on Child Abuse and early intervention, area agencies on aging and to ensure that respite becomes more acces- Neglect, Centers for Disease Control’s Family other state and federal programs that provide sible to all family caregivers in need, espe- Caregiving Initiative, the Maternal and Child or support respite. The regional Lifespan Res- cially to those who currently do not qualify for Health Bureau, and other appropriate public pite Network Coordinator recruits respite pro- any respite programs, who have no respite health agencies in the Health Resources and viders for Medicaid, as well as for the Lifespan programs or providers in their areas, and Services Administration. Respite Program itself. The coordinator meets those who do not know where to turn to find When considering a Federal agency to take with staff from HHS, Developmental Disabil- information on how to find and pay for respite. the lead in implementation of this program, the ities, the Early Intervention program, and oth- By using the broad term child or adult with Secretary of HHS should select an agency ers on a monthly basis in order to determine special needs, Congress intended for the that is not limited in scope or mission by any need. Respite providers are recruited and State to be highly inclusive and ensure that age or disability category, has experience in trained to fill the gaps, and providers list are family caregivers of children and adults with serving all populations across disability and shared. Most importantly, all family caregiver developmental disabilities, cognitive, neuro- age groups, and will ensure that the ADRC is populations must be served equally with no logical, physical and mental health conditions collaborating fully and sharing joint responsi- preference for or limitation by age or disability. and illnesses be equitably served. The focus bility with a private or public nonprofit State The Nebraska Lifespan Respite Program for direct service delivery should be on those respite coalition or organization in imple- was cited as exemplary by the National Con- who currently may not qualify for respite under menting a state lifespan respite program. ference of State Legislatures as a model for any State or Federal program or who have no Mr. Speaker, I urge my colleagues to sup- States to emulate in implementing community- service available, such as individuals under port this legislation. With 80 percent of long- based long term care, and highlighted by the age 60 with multiple sclerosis, cancer, ALS, term care provided by family caregivers, too National Governors Association for best prac- traumatic brain injury, and spinal cord injury, many are shouldering the responsibility alone. tices. I would urge the Secretary in imple- or children, adolescents or adults with behav- At a minimum, they need respite to continue menting this program to base its program ioral, emotional or mental health conditions. serving their loved ones at home where they guidance on the success of the Nebraska Just as importantly, Congress intended that belong. model, especially in its ability to reach out to States focus immediately on establishing co- Mr. TERRY. Mr. Speaker, I rise in support and serve all age groups, and I urge my col- ordinated lifespan respite systems that will of H.R. 3248, the Lifespan Respite Care Act. leagues to join me in supporting this important serve all age groups equally. The Secretary This legislation would allow States to establish legislation today. should ensure that State agencies and ADRCs Lifespan Respite Systems to improve respite Mr. PALLONE. Mr. Speaker, I urge use the funds provided by this act to serve all access and quality for the Nation’s family my colleagues on both sides of the aisle age groups and disability categories equally caregivers regardless of age or disability. I am to support this bill, and I yield back and without preference. The Aging and Dis- proud to say that the legislation is modeled on the balance of my time. Mr. DEAL of Georgia. Mr. Speaker, I ability Resource Centers were established by the Nebraska Lifespan Respite program, likewise would urge the adoption of the administration with the intention of being which was championed legislatively in the this resolution, and would yield back one-stop shops for all individuals with long- State by my good friend and colleague, State the balance of my time. term care needs, making them logically a Senator Dennis Byars, and has made a world The SPEAKER pro tempore (Mr. good place to administer lifespan respite sys- of difference to families in our State. I am also BASS). The question is on the motion tems, which are meant to be one-stop shops proud to say that this year’s national respite offered by the gentleman from Georgia for respite services. However, many centers conference was hosted by the Lifespan Res- (Mr. DEAL) that the House suspend the are still focusing on the elderly population or pite program and the Nebraska Respite Coali- rules and pass the bill, H.R. 3248, as adults with physical disabilities and phasing in tion. amended. others at a later date. For the lifespan respite With passage of the Nation’s second piece The question was taken; and (two- care effort to work most efficiently to coordi- of State legislation on lifespan respite in 1999, thirds of those voting having responded nate all respite resources in the State, share the Nebraska Health and Human Services in the affirmative) the rules were sus- and pool providers across age and disability System established the Nebraska Respite Net- pended and the bill, as amended, was groups, and to maximize use of current State work, a statewide system for the coordination passed. respite resources, the ADRCs, in imple- of respite resources that serve the lifespan. A motion to reconsider was laid on menting this particular program, must start out Six regional entities are responsible for infor- the table. with the goal of establishing coordinated res- mation and referral for families who need ac- f pite systems of community-based agencies cess to respite, recruitment of respite pro- that will serve all age groups, including chil- viders, public awareness, coordinating training AMENDING PUBLIC HEALTH SERV- dren. opportunities for providers and consumers, ICE ACT TO MODIFY PROGRAM Congress also intended lifespan respite to quality assurance and program evaluation. FOR SANCTUARY SYSTEM FOR be coordinated at the State level. Many of the The Lifespan Respite Subsidy component is SURPLUS CHIMPANZEES ADRCs in the States are serving only one available to persons of all ages across the life- Mr. DEAL of Georgia. Mr. Speaker, I county or region in the State. However, this span with special needs who are not receiving move to suspend the rules and pass the legislation mandates the establishment of respite services from any other government bill (H.R. 5798) to amend the Public state lifespan respite programs, meaning that program. Health Service Act to modify the pro- at least one ADRC in the State must function The stress of continuous care giving can gram for the sanctuary system for sur- statewide, at least for the purposes of this leg- take its toll on family caregivers and is one of plus chimpanzees by terminating the islation, with the assistance of a State respite the greatest contributing factors to caregiver authority for the removal of chim- coalition or other State respite agency to en- illness, marital discord that can lead to di- panzees from the system for research sure coordination of resources at the State vorce, and costly out of home placements. purposes. level, again for maximum efficiency and cost Respite has been shown to alleviate these The Clerk read as follows: savings. symptoms and even help delay or avoid foster H.R. 5798 Legislative language is also clear in man- care or nursing home placements. In Ne- Be it enacted by the Senate and House of Rep- dating a Federal coordinated approach. It di- braska, a statewide survey of a broad array of resentatives of the United States of America in rects the Secretary of Health and Human caregivers who had been receiving respite Congress assembled,

VerDate Aug 31 2005 01:32 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.012 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8779 SECTION 1. SANCTUARY SYSTEM FOR SURPLUS could, under certain circumstances, be I urge my colleagues to support H.R. CHIMPANZEES; TERMINATION OF provided within the sanctuary system, 5798. AUTHORITY FOR REMOVAL FROM SYSTEM FOR RESEARCH PURPOSES. so long as such studies involved mini- Mr. Speaker, I yield back the balance (a) IN GENERAL.—The first section 481C of mal physical and mental harm, pain, of my time. the Public Health Service Act (42 U.S.C. distress and disturbance to the chim- Mr. DEAL of Georgia. Mr. Speaker, I 287a–3a) (added by section 2 of Public Law panzee and the social group in which yield myself such time as I may con- 106–551) is amended in subsection (d)— the chimpanzee lives. sume. (1) in paragraph (2), in subparagraph (J), by In particular, we now have the abil- Mr. Speaker, I would likewise wish to striking ‘‘If any chimpanzee is removed’’ and ity to non-invasively look inside brains express appreciation to Mr. JIM all that follows; and (2) in paragraph (3)— of living individuals, including chim- MCCRERY from Louisiana, the author (A) in subparagraph (A)— panzees, to find the changes associated of this legislation, and thank him for (i) by striking clause (ii); and with aging, cognitive decline and bringing this to our attention, and (ii) by striking ‘‘except as provided’’ in the changes in immune system function. would urge my colleagues to vote in matter preceding clause (i) and all that fol- One of the key questions in the field favor of this legislation. lows through ‘‘behavioral studies’’ and in- of brain sciences is to understand what Mr. MCCRERY. Mr. Speaker, I rise today in serting the following: ‘‘except that the chim- brain changes are responsible for the support of H.R. 5798, a bill to further the suc- panzee may be used for noninvasive behav- decline in cognitive functions as we cess of the national chimpanzee sanctuary ioral studies’’; (B) by striking subparagraph (B); age. The chimpanzee exhibits some of system established by the 2000 Chimpanzee (C) by redesignating subparagraph (C) as the same age-related changes as hu- Health, Improvement, Maintenance and Pro- subparagraph (B); and mans. Accordingly, the ability to use tection Act. Chimpanzees are very similar to (D) in subparagraph (B) (as so redesig- non-invasive brain imaging in indi- humans, not only in anatomy and physiology, nated), by striking ‘‘under subparagraphs (A) vidual chimpanzees whose genetic but also in their behavior, emotional needs, and (B)’’ and inserting ‘‘under subparagraph backgrounds and behavioral experi- and cognitive abilities. Chimps have served as (A)’’. ences have been well-documented and medical research models for decades, and hu- (b) TECHNICAL CORRECTION.—Part E of title IV of the Public Health Service Act (42 studied can be very important for Alz- mans have reaped the benefits, including life- U.S.C. 287 et seq.) is amended by redesig- heimer’s research and add to our saving vaccines and medical therapies. But nating the second section 481C (added by sec- knowledge on aging. with new technologies and changing research tion 204(a) of Public Law 106–505) as section Mr. Speaker, I believe that H.R. 5798 goals, hundreds of chimpanzees are no longer 481D. preserves our ability to conduct impor- needed for research. The SPEAKER pro tempore. Pursu- tant medical research, while providing Responding to the urgent need for long-term ant to the rule, the gentleman from needed safeguards for the animals, and chimpanzee care, the Congress passed the Georgia (Mr. DEAL) and the gentleman I would ask my colleagues to join me CHIMP Act in 2000 to create a Federal chim- from New Jersey (Mr. PALLONE) each in supporting this legislation. panzee sanctuary system. My constituents will control 20 minutes. Mr. Speaker, I reserve the balance of were awarded the first contract and now oper- The Chair recognizes the gentleman my time. ate Chimp Haven in Keithville, LA. They are from Georgia. Mr. PALLONE. Mr. Speaker, I yield currently caring for 89 retired research chim- GENERAL LEAVE myself such time as I may consume. panzees and anticipate the addition of 111 Mr. DEAL of Georgia. Mr. Speaker, I Mr. Speaker, I rise in support of H.R. new chimpanzees over time. The cost of let- ask unanimous consent that all Mem- 5798, a bill to amend the Public Health ting the chimpanzees live in the natural envi- bers have 5 legislative days to revise Service Act to modify the program for ronment at Chimp Haven is half of the cost of and extend their remarks and insert the sanctuary system for surplus chim- keeping them in the laboratory—providing a extraneous material on this bill. panzees by terminating the authority tremendous savings of taxpayers’ dollars. In The SPEAKER pro tempore. Is there for the removal of chimpanzees from addition, Chimp Haven is responsible for objection to the request of the gen- the system for research purposes. matching 25 percent of the Federal funding tleman from Georgia? On December 20, 2000, the Chim- they receive each year. There was no objection. panzee Health Improvement, Mainte- But a provision inserted in the 2000 law is Mr. DEAL of Georgia. Mr. Speaker, I nance, and Protection Act was signed making private fundraising difficult for Chimp yield myself such time as I may con- into law by President Clinton. That Haven because it leaves open the possibility sume. law required the Secretary of Health that the retired chimpanzees can be recalled Mr. Speaker, I rise today in support and Human Services to establish a non- into Federal research if the need were to of H.R. 5798, a bill modifying the au- profit sanctuary system of lifetime arise. In making changes to this bill, we will thorities of the chimpanzee sanctuary care for chimpanzees that have been return to the original intent of the CHIMP system. used by the Federal Government for re- Act—to provide permanent retirement to chim- A few years ago, Congress enacted a search. Chimpanzees within this sanc- panzees who have served Americans in med- law offered by former Congressman tuary system were declared surplus, ical research. GREENwood of Pennsylvania to provide and any research, save for non-invasive Mr. DEAL of Georgia. Mr. Speaker, I for sanctuary for chimpanzees that behavioral research, was restricted. yield back the balance of my time. have been used for research purposes at The bill before us today takes even The SPEAKER pro tempore. The the National Institutes of Health. I be- greater steps to ensure that extremely question is on the motion offered by lieve this legislation and the resulting stringent criteria are met with regard the gentleman from Georgia (Mr. sanctuary system have been very suc- to research on surplus chimpanzees. DEAL) that the House suspend the rules cessful. The bill before us today would Currently there are approximately and pass the bill, H.R. 5798. modify the existing law to eliminate a 1,500 captive chimpanzees in labora- The question was taken; and (two- provision that could have, under very tories in the U.S., many of whom are thirds of those voting having responded limited circumstances, allowed for the no longer being used in biomedical rein the affirmative) the rules were sus- removal of the chimpanzees from the search, and this legislation takes im- pended and the bill was passed. sanctuary system for further research. portant steps forward in an effort to A motion to reconsider was laid on H.R. 5798 strikes an appropriate bal- protect their health, well-being and the table. ance between the need for medical re- livelihood. f search and the need to provide safe- H.R. 5798 is supported by Dr. Jane guards for the subject animals because Goodall, whose work in the field of COMBATING AUTISM ACT OF 2006 it would still allow for non-invasive be- wildlife research, education and con- Mr. DEAL of Georgia. Mr. Speaker, I havioral studies and medical and longi- servation with respect to chimpanzees move to suspend the rules and pass the tudinal studies based on information is unmatched. I would like to thank Senate bill (S. 843) to amend the Public that could be obtained at the same Dr. Goodall for her significant con- Health Service Act to combat autism time as information gathered for vet- tribution, and would also like to thank through research, screening, interven- erinary care. Thus, the simple items Representative MCCRERY for his hard tion and education, as amended. like blood samples or imaging studies work on this bill. The Clerk read as follows:

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.014 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8780 CONGRESSIONAL RECORD — HOUSE December 6, 2006 S. 843 ease Control and Prevention, may award has the meaning given the term ‘develop- Be it enacted by the Senate and House of Rep- grants or cooperative agreements to eligible mental disability’ in section 102(8) of the De- resentatives of the United States of America in entities for the collection, analysis, and re- velopmental Disabilities Assistance and Bill Congress assembled, porting of State epidemiological data on au- of Rights Act of 2000 (42 U.S.C. 15002(8)). SECTION 1. SHORT TITLE. tism spectrum disorder and other develop- ‘‘(2) STATE.—The term ‘State’ means each This Act may be cited as the ‘‘Combating mental disabilities. An eligible entity shall of the several States, the District of Colum- Autism Act of 2006’’. assist with the development and coordina- bia, the Commonwealth of Puerto Rico, tion of State autism spectrum disorder and SEC. 2. CENTERS OF EXCELLENCE; IMPROVING American Samoa, Guam, the Commonwealth AUTISM-RELATED RESEARCH. other developmental disability surveillance of the Northern Mariana Islands, the Virgin (a) CENTERS OF EXCELLENCE REGARDING RE- efforts within a region. In making such Islands, and the Trust Territory of the Pa- awards, the Secretary may provide direct SEARCH ON AUTISM.—Section 409C of the Pub- cific Islands. lic Health Service Act (42 U.S.C.284g) is technical assistance in lieu of cash. ‘‘(e) SUNSET.—This section shall not apply amended— ‘‘(2) DATA STANDARDS.—In submitting epi- after September 30, 2011. demiological data to the Secretary pursuant (1) in the section heading, by striking ‘‘AU- ‘‘SEC. 399BB. AUTISM EDUCATION, EARLY DETEC- to paragraph (1), an eligible entity shall re- TISM’’ and inserting ‘‘AUTISM SPECTRUM DIS- TION, AND INTERVENTION. port data according to guidelines prescribed ORDER’’; ‘‘(a) PURPOSE.—It is the purpose of this by the Director of the Centers for Disease (2) by striking the term ‘‘autism’’ each section— Control and Prevention, after consultation place such term appears (other than the sec- ‘‘(1) to increase awareness, reduce barriers with relevant State and local public health tion heading) and inserting ‘‘autism spec- to screening and diagnosis, promote evi- officials, private sector developmental dis- trum disorder’’; and dence-based interventions for individuals ability researchers, and advocates for indi- (3) in subsection (a)— with autism spectrum disorder or other de- viduals with autism spectrum disorder or (A) by redesignating paragraph (2) as para- velopmental disabilities, and train profes- other developmental disabilities. graph (3); and sionals to utilize valid and reliable screening ‘‘(3) ELIGIBILITY.—To be eligible to receive (B) by striking paragraph (1) and inserting tools to diagnose or rule out and provide evi- an award under paragraph (1), an entity shall the following: dence-based interventions for children with be a public or nonprofit private entity (in- ‘‘(1) EXPANSION OF ACTIVITIES.—The Direc- autism spectrum disorder and other develop- cluding a health department of a State or a tor of NIH (in this section referred to as the mental disabilities; and political subdivision of a State, a university, ‘Director’) shall, subject to the availability ‘‘(2) to conduct activities under this sec- or any other educational institution), and of appropriations, expand, intensify, and co- tion with a focus on an interdisciplinary ap- submit to the Secretary an application at ordinate the activities of the National Insti- proach (as defined in programs developed such time, in such manner, and containing tutes of Health with respect to research on under section 501(a)(2) of the Social Security such information as the Secretary may re- autism spectrum disorder, including basic Act) that will also focus on specific issues for quire. and clinical research in fields including pa- children who are not receiving an early diag- ‘‘(b) CENTERS OF EXCELLENCE IN AUTISM nosis and subsequent interventions. thology, developmental neurobiology, genet- SPECTRUM DISORDER EPIDEMIOLOGY.— ‘‘(b) IN GENERAL.—The Secretary shall, ics, epigenetics, pharmacology, nutrition, ‘‘(1) IN GENERAL.—The Secretary, acting immunology, neuroimmunology, through the Director of the Centers for Dis- subject to the availability of appropriations, neurobehavioral development, endocri- ease Control and Prevention, shall, subject establish and evaluate activities to— nology, gastroenterology, and toxicology. to the availability of appropriations, award ‘‘(1) provide information and education on Such research shall investigate the cause grants or cooperative agreements for the es- autism spectrum disorder and other develop- (including possible environmental causes), tablishment of regional centers of excellence mental disabilities to increase public aware- diagnosis or rule out, early detection, pre- in autism spectrum disorder and other devel- ness of developmental milestones; vention, services, supports, intervention, and opmental disabilities epidemiology for the ‘‘(2) promote research into the develop- treatment of autism spectrum disorder. purpose of collecting and analyzing informa- ment and validation of reliable screening ‘‘(2) CONSOLIDATION.—The Director may tion on the number, incidence, correlates, tools for autism spectrum disorder and other consolidate program activities under this and causes of autism spectrum disorder and developmental disabilities and disseminate section if such consolidation would improve other developmental disabilities. information regarding those screening tools; ‘‘(3) promote early screening of individuals program efficiencies and outcomes.’’. ‘‘(2) REQUIREMENTS.—To be eligible to re- (b) CENTERS OF EXCELLENCE GENERALLY.— ceive a grant or cooperative agreement at higher risk for autism spectrum disorder Part A of title IV of the Public Health Serv- under paragraph (1), an entity shall submit and other developmental disabilities as early ice Act (42 U.S.C. 281 et seq.) is amended by to the Secretary an application containing as practicable, given evidence-based screen- adding at the end the following: such agreements and information as the Sec- ing techniques and interventions; ‘‘SEC. 404H. REVIEW OF CENTERS OF EXCEL- retary may require, including an agreement ‘‘(4) increase the number of individuals LENCE. that the center to be established under the who are able to confirm or rule out a diag- ‘‘(a) IN GENERAL.—Not later than April 1, grant or cooperative agreement shall operate nosis of autism spectrum disorder and other 2008, and periodically thereafter, the Sec- in accordance with the following: developmental disabilities; retary, acting through the Director of NIH, ‘‘(A) The center will collect, analyze, and ‘‘(5) increase the number of individuals shall conduct a review and submit a report report autism spectrum disorder and other able to provide evidence-based interventions to the appropriate committees of the Con- developmental disability data according to for individuals diagnosed with autism spec- gress on the centers of excellence. guidelines prescribed by the Director of the trum disorder or other developmental dis- ‘‘(b) REPORT CONTENTS.—Each report under Centers for Disease Control and Prevention, abilities; and subsection (a) shall include the following: after consultation with relevant State and ‘‘(6) promote the use of evidence-based ‘‘(1) Evaluation of the performance and re- local public health officials, private sector interventions for individuals at higher risk search outcomes of each center of excellence. developmental disability researchers, and for autism spectrum disorder and other de- ‘‘(2) Recommendations for promoting co- advocates for individuals with develop- velopmental disabilities as early as prac- ordination of information among centers of mental disabilities. ticable. excellence. ‘‘(B) The center will develop or extend an ‘‘(c) INFORMATION AND EDUCATION.— ‘‘(3) Recommendations for improving the area of special research expertise (including ‘‘(1) IN GENERAL.—In carrying out sub- effectiveness, efficiency, and outcomes of the genetics, epigenetics, and epidemiological section (b)(1), the Secretary, in collaboration centers of excellence. research related to environmental expo- with the Secretary of Education and the Sec- ‘‘(c) DEFINITION.—In this section, the term sures), immunology, and other relevant re- retary of Agriculture, shall, subject to the ‘center of excellence’ means an entity receiv- search specialty areas. availability of appropriations, provide cul- ing funding under this title in its capacity as ‘‘(C) The center will identify eligible cases turally competent information regarding au- a center of excellence.’’. and controls through its surveillance system tism spectrum disorder and other develop- SEC. 3. DEVELOPMENTAL DISABILITIES SURVEIL- and conduct research into factors which may mental disabilities, risk factors, characteris- LANCE AND RESEARCH PROGRAM. cause or increase the risk of autism spec- tics, identification, diagnosis or rule out, (a) IN GENERAL.—Title III of the Public trum disorder and other developmental dis- and evidence-based interventions to meet Health Service Act (42 U.S.C. 241 et seq.) is abilities. the needs of individuals with autism spec- amended by adding at the end the following: ‘‘(c) FEDERAL RESPONSE.—The Secretary trum disorder or other developmental dis- ‘‘PART R—PROGRAMS RELATING TO shall coordinate the Federal response to re- abilities and their families through— AUTISM quests for assistance from State health, ‘‘(A) Federal programs, including— ‘‘SEC. 399AA. DEVELOPMENTAL DISABILITIES mental health, and education department of- ‘‘(i) the Head Start program; SURVEILLANCE AND RESEARCH ficials regarding potential or alleged autism ‘‘(ii) the Early Start program; PROGRAM. spectrum disorder or developmental dis- ‘‘(iii) the Healthy Start program; ‘‘(a) AUTISM SPECTRUM DISORDER AND ability clusters. ‘‘(iv) programs under the Child Care and OTHER DEVELOPMENTAL DISABILITIES.— ‘‘(d) DEFINITIONS.—In this part: Development Block Grant Act of 1990; ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(1) OTHER DEVELOPMENTAL DISABILITIES.— ‘‘(v) programs under title XIX of the Social through the Director of the Centers for Dis- The term ‘other developmental disabilities’ Security Act (particularly the Medicaid

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.015 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8781 Early and Periodic Screening, Diagnosis and described in paragraph (1), educational mate- mittee’ (in this section referred to as the Treatment Program); rials and other products that are used by the ‘Committee’), to coordinate all efforts with- ‘‘(vi) the program under title XXI of the Federal programs referred to in subsection in the Department of Health and Human Social Security Act (the State Children’s (c)(1)(A), as well as— Services concerning autism spectrum dis- Health Insurance Program); ‘‘(A) programs authorized under the Devel- order. ‘‘(vii) the program under title V of the So- opmental Disabilities Assistance and Bill of ‘‘(b) RESPONSIBILITIES.—In carrying out its cial Security Act (the Maternal and Child Rights Act of 2000; duties under this section, the Committee Health Block Grant Program); ‘‘(B) early intervention programs or inter- shall— ‘‘(viii) the program under parts B and C of agency coordinating councils authorized ‘‘(1) develop and annually update a sum- the Individuals with Disabilities Education under part C of the Individuals with Disabil- mary of advances in autism spectrum dis- Act; ities Education Act; and order research related to causes, prevention, ‘‘(ix) the special supplemental nutrition ‘‘(C) children with special health care treatment, early screening, diagnosis or rule program for women, infants, and children es- needs programs authorized under title V of out, intervention, and access to services and tablished under section 17 of the Child Nutri- the Social Security Act. supports for individuals with autism spection Act of 1966 (42 U.S.C. 1786); and ‘‘(3) REQUIRED SHARING.—In establishing trum disorder; ‘‘(x) the State grant program under the Re- mechanisms and entities under this sub- ‘‘(2) monitor Federal activities with rehabilitation Act of 1973. section, the Secretary, and the Secretary of spect to autism spectrum disorder; ‘‘(B) State licensed child care facilities; Education, shall ensure the sharing of tools, ‘‘(3) make recommendations to the Sec- and materials, and products developed under this retary regarding any appropriate changes to ‘‘(C) other community-based organizations subsection among entities receiving funding such activities, including recommendations or points of entry for individuals with au- under this section. to the Director of NIH with respect to the tism spectrum disorder and other develop- ‘‘(e) DIAGNOSIS.— strategic plan developed under paragraph (5); mental disabilities to receive services. ‘‘(1) TRAINING.—The Secretary, in coordi- ‘‘(4) make recommendations to the Sec- ‘‘(2) LEAD AGENCY.— nation with activities conducted under title retary regarding public participation in deci- ‘‘(A) DESIGNATION.—As a condition on the V of the Social Security Act, shall, subject sions relating to autism spectrum disorder; provision of assistance or the conduct of ac- to the availability of appropriations, expand ‘‘(5) develop and annually update a stra- tivities under this section with respect to a existing interdisciplinary training opportu- tegic plan for the conduct of, and support State, the Secretary may require the Gov- nities or opportunities to increase the num- for, autism spectrum disorder research, in- ernor of the State— ber of sites able to diagnose or rule out indi- cluding proposed budgetary requirements; ‘‘(i) to designate a public agency as a lead viduals with autism spectrum disorder or and agency to coordinate the activities provided other developmental disabilities and ensure ‘‘(6) submit to the Congress such strategic for under paragraph (1) in the State at the that— plan and any updates to such plan. State level; and ‘‘(A) competitive grants or cooperative ‘‘(c) MEMBERSHIP.— ‘‘(ii) acting through such lead agency, to agreements are awarded to public or non- ‘‘(1) IN GENERAL.—The Committee shall be make available to individuals and their fam- profit agencies, including institutions of composed of— ily members, guardians, advocates, or au- higher education, to expand existing or de- ‘‘(A) the Director of the Centers for Dis- thorized representatives; providers; and velop new maternal and child health inter- ease Control and Prevention; other appropriate individuals in the State, disciplinary leadership education in ‘‘(B) the Director of the National Insti- comprehensive culturally competent infor- neurodevelopmental and related disabilities tutes of Health, and the Directors of such na- mation about State and local resources re- programs (similar to the programs developed tional research institutes of the National In- garding autism spectrum disorder and other under section 501(a)(2) of the Social Security stitutes of Health as the Secretary deter- developmental disabilities, risk factors, Act) in States that do not have such a pro- mines appropriate; characteristics, identification, diagnosis or gram; ‘‘(C) the heads of such other agencies as rule out, available services and supports, and ‘‘(B) trainees under such training pro- the Secretary determines appropriate; evidence-based interventions. grams— ‘‘(D) representatives of other Federal Gov- ‘‘(B) REQUIREMENTS OF AGENCY.—In desig- ‘‘(i) receive an appropriate balance of aca- ernmental agencies that serve individuals nating the lead agency under subparagraph demic, clinical, and community opportuni- with autism spectrum disorder such as the (A)(i), the Governor shall— ties; Department of Education; and ‘‘(i) select an agency that has dem- ‘‘(ii) are culturally competent; ‘‘(E) the additional members appointed onstrated experience and expertise in— ‘‘(iii) are ethnically diverse; under paragraph (2). ‘‘(I) autism spectrum disorder and other ‘‘(iv) demonstrate a capacity to evaluate, ‘‘(2) ADDITIONAL MEMBERS.—Not fewer than developmental disability issues; and diagnose or rule out, develop, and provide 6 members of the Committee, or 1/3 of the ‘‘(II) developing, implementing, con- evidence-based interventions to individuals total membership of the Committee, which- ducting, and administering programs and de- with autism spectrum disorder and other de- ever is greater, shall be composed of non- livering education, information, and referral velopmental disabilities; and Federal public members to be appointed by services (including technology-based cur- ‘‘(v) demonstrate an ability to use a fam- the Secretary, of which— riculum-development services) to individuals ily-centered approach; and ‘‘(A) at least one such member shall be an with developmental disabilities and their ‘‘(C) program sites provide culturally com- individual with a diagnosis of autism spec- family members, guardians, advocates or au- petent services. trum disorder; thorized representatives, providers, and ‘‘(B) at least one such member shall be a ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary other appropriate individuals locally and may award one or more grants under this parent or legal guardian of an individual across the State; and section to provide technical assistance to the with an autism spectrum disorder; and ‘‘(ii) consider input from individuals with network of interdisciplinary training pro- ‘‘(C) at least one such member shall be a developmental disabilities and their family grams. representative of leading research, advocacy, members, guardians, advocates or authorized and service organizations for individuals ‘‘(3) BEST PRACTICES.—The Secretary shall representatives, providers, and other appro- promote research into additional valid and with autism spectrum disorder. priate individuals. ‘‘(d) ADMINISTRATIVE SUPPORT; TERMS OF reliable tools for shortening the time re- ‘‘(C) INFORMATION.—Information under sub- SERVICE; OTHER PROVISIONS.—The following quired to confirm or rule out a diagnosis of paragraph (A)(ii) shall be provided through— provisions shall apply with respect to the autism spectrum disorder or other develop- ‘‘(i) toll-free telephone numbers; Committee: mental disabilities and detecting individuals ‘‘(ii) Internet websites; ‘‘(1) The Committee shall receive necessary with autism spectrum disorder or other de- ‘‘(iii) mailings; or and appropriate administrative support from velopmental disabilities at an earlier age. the Secretary. ‘‘(iv) such other means as the Governor ‘‘(f) INTERVENTION.—The Secretary shall may require. promote research, through grants or con- ‘‘(2) Members of the Committee appointed ‘‘(d) TOOLS.— tracts, to determine the evidence-based prac- under subsection (c)(2) shall serve for a term ‘‘(1) IN GENERAL.—To promote the use of tices for interventions for individuals with of 4 years, and may be reappointed for one or valid and reliable screening tools for autism autism spectrum disorder or other develop- more additional 4 year term. Any member spectrum disorder and other developmental mental disabilities, develop guidelines for appointed to fill a vacancy for an unexpired disabilities, the Secretary shall develop a those interventions, and disseminate infor- term shall be appointed for the remainder of curriculum for continuing education to as- mation related to such research and guide- such term. A member may serve after the ex- sist individuals in recognizing the need for lines. piration of the member’s term until a suc- valid and reliable screening tools and the use ‘‘(g) SUNSET.—This section shall not apply cessor has taken office. of such tools. after September 30, 2011. ‘‘(3) The Committee shall meet at the call ‘‘(2) COLLECTION, STORAGE, COORDINATION, ‘‘SEC. 399CC. INTERAGENCY AUTISM COORDI- of the chairperson or upon the request of the AND AVAILABILITY.—The Secretary, in col- NATING COMMITTEE. Secretary. The Committee shall meet not laboration with the Secretary of Education, ‘‘(a) ESTABLISHMENT.—The Secretary shall fewer than 2 times each year. shall provide for the collection, storage, co- establish a committee, to be known as the ‘‘(4) All meetings of the Committee shall ordination, and public availability of tools ‘Interagency Autism Coordinating Com- be public and shall include appropriate time

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.015 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8782 CONGRESSIONAL RECORD — HOUSE December 6, 2006 periods for questions and presentations by (4) Section 105 (42 U.S.C. 247b–4e), relating acterized by ‘‘extreme autistic loneli- the public. to reports. ness’’ and ‘‘an obsessional desire for ‘‘(e) SUBCOMMITTEES; ESTABLISHMENT AND SEC. 4. AUTHORIZATION OF APPROPRIATIONS. the maintenance of sameness.’’ Since MEMBERSHIP.—In carrying out its functions, (a) IN GENERAL.—Part R of title III of the the 1940s, we have learned much more the Committee may establish subcommittees Public Health Service Act, as added by sec- about autism, including its diagnosis, and convene workshops and conferences. tion 3, is amended by adding at the end the Such subcommittees shall be composed of following: traits, and possible treatments. Committee members and may hold such ‘‘SEC. 399EE. AUTHORIZATION OF APPROPRIA- Data from several recent studies meetings as are necessary to enable the sub- TIONS. show that between two and six out of committees to carry out their duties. ‘‘(a) DEVELOPMENTAL DISABILITIES SUR- every 1,000 children fall within the defi- ‘‘(f) SUNSET.—This section shall not apply VEILLANCE AND RESEARCH PROGRAM.—To nition of what is called autism spec- after September 30, 2011, and the Committee carry out section 399AA, there are authorized trum disorder. That means that of the shall be terminated on such date. to be appropriated the following: roughly 4 million children born in the ‘‘SEC. 399DD. REPORT TO CONGRESS. ‘‘(1) For fiscal year 2007, $15,000,000. United States each year, about 24,000 of ‘‘(a) IN GENERAL.—Not later than 4 years ‘‘(2) For fiscal year 2008, $16,500,000. these children will eventually be diag- ‘‘(3) For fiscal year 2009, $18,000,000. after the date of enactment of the Com- nosed with autism spectrum disorder. bating Autism Act of 2006, the Secretary, in ‘‘(4) or fiscal year 2010, $19,500,000. ‘‘(5) For fiscal year 2011, $21,000,000. Autism affects many aspects of a per- coordination with the Secretary of Edu- son’s mental development, including cation, shall prepare and submit to the ‘‘(b) AUTISM EDUCATION, EARLY DETECTION, Health, Education, Labor, and Pensions AND INTERVENTION.—To carry out section social skills; speech, language and Committee of the Senate and the Energy and 399BB, there are authorized to be appro- communication; repetitive behaviors Commerce Committee of the House of Rep- priated the following: and routines; and the other ways that resentatives a progress report on activities ‘‘(1) For fiscal year 2007, $32,000,000. children interact with the world. These related to autism spectrum disorder and ‘‘(2) For fiscal year 2008, $37,000,000. children also often exhibit emotional other developmental disabilities. ‘‘(3) For fiscal year 2009, $42,000,000. ‘‘(4) For fiscal year 2010, $47,000,000. problems, challenging behaviors, hy- ‘‘(b) CONTENTS.—The report submitted peractivity and other difficulties. under subsection (a) shall contain— ‘‘(5) For fiscal year 2011, $52,000,000. ‘‘(c) INTERAGENCY AUTISM COORDINATING As a child with autism grows into ‘‘(1) a description of the progress made in COMMITTEE; CERTAIN OTHER PROGRAMS.—To adolescence, some of these behaviors implementing the provisions of the Com- carry out section 399CC, 409C, and section are intensified. The teen suffering from bating Autism Act of 2006; 404H, there are authorized to be appropriated ‘‘(2) a description of the amounts expended autism may also suffer from depression the following: on the implementation of the particular pro- related to their inability to interact ‘‘(1) For fiscal year 2007, $100,000,000. visions of Combating Autism Act of 2006; normally with their peers. ‘‘(2) For fiscal year 2008, $114,500,000. ‘‘(3) information on the incidence of autism All of these problems exert tremen- ‘‘(3) For fiscal year 2009, $129,000,000. spectrum disorder and trend data of such in- dous pressures on parents and siblings, ‘‘(4) For fiscal year 2010, $143,500,000. cidence since the date of enactment of the ‘‘(5) For fiscal year 2011, $158,000,000.’’. who often must devote round-the-clock Combating Autism Act of 2006; (b) CONFORMING AMENDMENT.—Section 409C attention to a family member with au- ‘‘(4) information on the average age of di- of the Public Health Service Act (42 U.S.C. tism. agnosis for children with autism spectrum 284g) is amended by striking subsection (e) Although there is no cure for autism, disorder and other disabilities, including how (relating to funding). early detection and early intervention that age may have changed over the 4-year period beginning on the date of enactment of The SPEAKER pro tempore. Pursu- have shown promise in lessening the this Act; ant to the rule, the gentleman from impact of the disorder and increasing a ‘‘(5) information on the average age for Georgia (Mr. DEAL) and the gentleman child’s ability to have normal social intervention for individuals diagnosed with from New Jersey (Mr. PALLONE) each interaction and functioning. Early autism spectrum disorder and other develop- will control 20 minutes. intervention is a child’s best hope for mental disabilities, including how that age The Chair recognizes the gentleman reaching his or her full potential. may have changed over the 4-year period be- from Georgia. Furthermore, research has shown ginning on the date of enactment of this Act; GENERAL LEAVE that development disabilities like au- ‘‘(6) information on the average time be- Mr. DEAL of Georgia. Mr. Speaker, I tism can be diagnosed as early as 18 tween initial screening and then diagnosis or months; however, an estimated 50 per- rule out for individuals with autism spec- ask unanimous consent that all Mem- trum disorder or other developmental dis- bers may have 5 legislative days within cent of children with these disorders abilities, as well as information on the aver- which to revise and extend their re- remain unidentified until they are 5 age time between diagnosis and evidence- marks on this legislation and to insert years old, missing critical opportuni- based intervention for individuals with au- extraneous material. ties to improve their functioning early tism spectrum disorder or other develop- The SPEAKER pro tempore. Is there on. Therefore, it is imperative that mental disabilities; objection to the request of the gen- both parents and doctors caring for ‘‘(7) information on the effectiveness and children learn the warning signs of au- outcomes of interventions for individuals di- tleman from Georgia? There was no objection. tism and are familiar with the develop- agnosed with autism spectrum disorder, in- mental milestones that each child cluding by various subtypes, and other devel- Mr. DEAL of Georgia. Mr. Speaker, I opmental disabilities and how the age of the yield myself such time as I may con- should reach. child may affect such effectiveness; sume. The legislation before us takes sev- ‘‘(8) information on the effectiveness and Mr. Speaker, I rise to join Chairman eral steps to improve upon and expand outcomes of innovative and newly developed BARTON in support of S. 843, as amend- educational and outreach activities intervention strategies for individuals with ed, the Combating Autism Act of 2006. that will alert the public on the warn- autism spectrum disorder or other develop- Although many of us would like to ing signs for autism and the need for mental disabilities; and have done more sooner, the bill rep- early screening and intervention. It ‘‘(9) information on services and supports resents a positive step forward in ad- will also strengthen biomedical re- provided to individuals with autism spec- search activities conducted at the Na- trum disorder and other developmental dis- dressing the serious problem of autism abilities who have reached the age of major- in the United States. The legislation tional Institutes of Health looking into ity (as defined for purposes of section 615(m) focuses on expanding and coordinating the causes, pathways and possible of the Individuals with Disabilities Edu- autism research at the National Insti- cures for autism spectrum disorder. cation Act (20 U.S.C. 1415(m)).’’. tutes of Health, monitoring the dis- Finally, the legislation provides for (b) REPEALS.—The following sections of the order and educating the public through public participation in decisions relat- Children’s Health Act of 2000 (Public Law programs at the Centers for Disease ing to the Federal response to the au- 106–310) are repealed: Control and Prevention, as well as en- tism problem, allowing for greater (1) Section 102 (42 U.S.C. 247b–4b), relating transparency and accountability. to the Developmental Disabilities Surveil- suring that citizens have a voice in the Federal Government’s response to au- I am also pleased that many of the lance and Research Program. major groups and organizations rep- (2) Section 103 (42 U.S.C. 247b–4c), relating tism. resenting autistic people and their to information and education. b 1230 (3) Section 104 (42 U.S.C. 247b–4d), relating families have chosen to support this to the Inter-Agency Autism Coordinating Leo Kanner first described autism in important piece of legislation. The Au- Committee. 1943 as a developmental disorder char- tism Society of America, Cure Autism

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.015 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8783 Now, Autism Speaks and the Dan organizations, including Autism Now, this procedure in no way diminishes or alters Marino Foundation are just a few of Autism Speaks, Cure Autism Now and the jurisdictional interest of the Committee the many organizations that support the Autism Society of America. on Education and the Workforce. I will in- The bill before us is an affirmative clude your letter and this response in the the reforms in this bill. Congressional Record during consideration Finally, I would like to thank the step toward addressing the serious of the bill on the House floor. lead House sponsor of the Combating health issue of autism spectrum dis- Sincerely, Autism Act, Mrs. BONO of California, orders and toward ensuring all children JOE BARTON, for her efforts on behalf of autistic peo- are able to reach their full potential. I Chairman. ple and their families. urge all of my colleagues to join me, Mr. Speaker, I am pleased to yield 5 I urge my colleagues to support this along with these stakeholder groups, in minutes to the gentlewoman from Cali- legislation. supporting this potentially life-saving fornia (Mrs. BONO), who is the primary Mr. Speaker, I reserve the balance of legislation. sponsor of this legislation. my time. I would also like to thank Represent- Mrs. BONO. Mr. Speaker, I would like Mr. PALLONE. Mr. Speaker, I yield atives BONO and DEGETTE for all their to thank the gentleman from Georgia myself such time as I may consume. hard work and dedication that they for yielding me the time to speak on I rise in support of S. 843, the Com- have devoted to this issue. this most important piece of legisla- bating Autism Act of 2006. Mr. Speaker, I reserve the balance of tion. I would also like to commend the Today, many American children suf- my time. members of our leadership and thank Mr. DEAL of Georgia. Mr. Speaker, I fer from autism spectrum disorders. them for allowing a vote on this legis- insert in the RECORD at this time two The Centers for Disease Control and lation. letters, one from the chairman of the Prevention has estimated that between Mr. Speaker, I rise today in strong Education and Workforce Committee two in 1,000 to five in 1,000 children are support of the Combating Autism Act and the response from the chairman of classified as having an autism spec- of 2006. This historic and monumental the Energy and Commerce Committee trum disorder, or ASD. Whether this piece of legislation is a critical first related to jurisdiction on this bill. increase is due to a true increase in step towards addressing the unknown HOUSE OF REPRESENTATIVES, COM- prevalence or whether it is due to MITTEE ON EDUCATION AND THE causes of autism by providing record changes in assessment standards, it is WORKFORCE, levels of research funding and support clear that ASDs are the second most Washington, DC, December 6, 2006. for other services. common serious developmental dis- Hon. JOE BARTON, Today, one in 166 individuals is diag- ability after mental retardation or in- Chairman, Committee on Energy and Commerce, nosed with autism. This alarming sta- tellectual impairment. House of Representatives, Washington, DC. tistic proves that autism does not dis- According to the CDC, autism spec- DEAR MR. CHAIRMAN: I am writing to con- criminate based on race or gender. firm our mutual understanding with respect trum disorders are a group of develop- As a longstanding supporter of the to the consideration of S. 843, the Combating autism community, I have had the opmental disabilities characterized by Autism Act of 2006. As you are aware, ‘Sec. significant impairments in social inter- 399BB. Autism Education, Early Detection, portunity to speak with many national action and communication and the And Intervention’ requires the Secretary of organizations, individuals and families presence of atypical behaviors and in- Education to collaborate with the Secre- who have been personally impacted by terests. It is important that we treat taries of Agriculture and Health and Human this disease. The selfless service that is common developmental disabilities, Service in the provision of autism related provided by parents, siblings, extended services through the Head Start Act, the and especially autism, as conditions of family and other caregivers is unwav- Early Start Act, the Child Care Development ering and is unending. urgent public health concern, and the Act, the Individuals with Disabilities Edu- Combating Autism Act of 2006 cer- While we have made significant cation Act, the Child Nutrition Act, and the strides since the identification of the tainly moves in that direction. Rehabilitation Act. This provision and these Mr. Speaker, this bill would author- acts fall within the jurisdiction of the Com- disease in 1943, the task that lies before ize the award of grants and contracts mittee on Education and the Workforce. us requires the support of all involved to establish centers of excellence on Given the importance of moving this bill parties and I am proud to have wit- forward promptly, I do not intend to object nessed the cooperation of many groups autism spectrum disorder and to col- to its consideration in the House. However, I lect, analyze and report State epide- that span the autism community. They do so only with the understanding that this banded together in an unprecedented miological data on autism spectrum procedure should not be construed to preju- manner, and their collective voice res- disorders and other developmental dis- dice my Committee’s jurisdictional interest onated with the Congress. abilities. It would also provide cul- and prerogative in S. 843 or any other similar legislation and will not be considered as On May 18, 2005, it was my privilege turally competent information on de- to introduce the House version of this velopmental disabilities to increase precedent for consideration of matters of jurisdictional interest to my Committee in the legislation. More than 240 of my col- awareness of developmental mile- future. leagues joined Representative DEGETTE stones, promote disabilities research, Finally, I ask that you include a copy of and myself in support of autism re- encourage early screening and provide our exchange of letters in the Congressional search. Today, I hope that they will early diagnosis and interventions for Record during the consideration of this bill. join me in voicing their support of the individuals diagnosed with such dis- If you have questions regarding this matter, please do not hesitate to call me. I thank Combating Autism Act of 2006. abilities. I would like to commend Chairman A major theme of the bill is coordina- you for your consideration. Sincerely, JOE BARTON, who has been a steadfast tion and planning. This bill would au- HOWARD P. ‘‘BUCK’’ MCKEON, supporter of the autism community, thorize a strategic plan to be developed Chairman. and Senators RICK SANTORUM and and implemented to guide Federal ef- CHRISTOPHER DODD for their commit- forts in autism spectrum disorder re- HOUSE OF REPRESENTATIVES, ment and action to support the autism search. It would also authorize the des- COMMITTEE ON ENERGY AND COMMERCE, community. ignation of an interagency autism co- Washington, DC, December 6, 2006. I would like to give special acknowl- Hon. HOWARD P. ‘‘BUCK’’ MCKEON, ordinating committee to coordinate edgement to former Congressman Jim HHS efforts concerning autism spec- Chairman, Committee on Education and the Workforce, Greenwood of Pennsylvania, who trum disorder, make recommendations Washington, DC. throughout the process has remained a concerning a strategic plan for autism, DEAR CHAIRMAN MCKEON: Thank you for tireless champion of this cause. develop and update advances in re- your recent letter regarding the consider- I would also like to thank the hard- search, and make recommendations re- ation of S. 843, the Combating Autism Act of working members of the House Energy garding public participation in the var- 2006. I agree that provisions in ‘Sec. 399BB. and Commerce Committee staff, Randy ious autism programs. Autism Education, Early Detection, And Pate and Ryan Long; of the Senate The Combating Autism Act of 2006 Intervention’ fall within the jurisdiction of HELP Committee, Shana Christrup and the Committee on Education and the Work- has bipartisan support, and it has the force. Erin Bishop; Jennifer Vesey of Senator support of numerous national, State I appreciate your willingness to allow this SANTORUM’s office; Jim Fenton of Sen- and local autism-focused stakeholder bill to move forward today; and I agree that ator DODD’s staff; and Jed Perry of

VerDate Aug 31 2005 01:32 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.043 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8784 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Congresswoman DEGETTE’s office for (Mr. SMITH of New Jersey asked and Mr. Speaker, I rise today in support of S. their commitment on this piece of leg- was given permission to revise and ex- 843, with an amendment, the Combating Au- islation. tend his remarks.) tism Act. This bill is great news for the 1.5 mil- Finally, I would like to thank my Mr. SMITH of New Jersey. Mr. lion individuals suffering from autism spectrum personal staff, both past and present, Speaker, I thank my good friend for disorders (ASD) and their families, the many Katherine Martin and Taryn Nader, for yielding. ASD advocacy groups who have been working their hard work and tireless efforts on Mr. Speaker, I rise in very strong hard for so long, and also the very many the Combating Autism Act of 2006. support of S. 843, with the amendment, Members of Congress who have championed As the 109th Congress comes to a the Combating Autism Act. This bill is the cause of autism with the goal of providing close, we have an opportunity to pass great news for the 1.5 million individ- meaningful relief to those autistic individuals this meaningful and life-changing piece uals suffering from autism spectrum and their families. of legislation. I will proudly cast my disorders and their families, the many From my first session in Congress in 1981, vote in support, and I urge my col- ASD advocacy groups who have been I have been a consistent advocate for individ- leagues to do the same. working hard for so long, and also the uals with developmental disorders, including Again, I thank the chairman. very many Members of Congress who autism. More recently, in 1998, I successfully Mr. PALLONE. Mr. Speaker, I yield 2 have championed the cause of autism requested the Centers for Disease Control and minutes to the gentleman from Rhode with the goal of providing meaningful Prevention (CDC) to conduct an investigation Island (Mr. LANGEVIN). relief to those autistic individuals and in Brick Township, New Jersey after learning (Mr. LANGEVIN asked and was given their families. and listening to the community’s concerns permission to revise and extend his re- I just point out, Mr. Speaker, that about high numbers of autism cases—a study marks.) from my very first session of Congress that showed that cases of both classic autism Mr. LANGEVIN. Mr. Speaker, I in 1981, I have been a consistent advo- and autism spectrum disorders were signifi- thank the gentleman for yielding. cate for individuals who have autism, cantly higher nationwide than expected. Mr. Speaker, today I rise in strong and frankly, it was not until the mid- The Combating Autism Act, that was intro- support of the Combating Autism Act. 1990s when some caseworker wrote in duced in the Senate by my good friend RICK As a member of the Congressional Coa- my own district about a family who SANTORUM of Pennsylvania and was unani- lition for Autism Research and Edu- had two children with autism that I re- mously passed by the Senate, reauthorizes cation, and as the uncle of a little boy alized that we were not doing enough, major components of Title I of the Children’s with autism, I am well-acquainted with that the research, the best practices Health Act of 2000 (P.L. 106–310), and also the issues faced by families of children that are so important, the early inter- adds significant new provisions to broaden with this disorder. vention was not happening. and strengthen activities related to autism. I have been struck by the rapid in- It was at that time that we formed Specifically, within its provisions, this legisla- crease in the number of children diag- the Autism Caucus. MIKE DOYLE, who tion: requires the Director of the National Insti- nosed with autism in the last decade, is my friend and colleague on the other tutes of Health (NIH) to expand, intensify, and both nationally and in my home State side of the aisle, and I formed this cau- coordinate ASD-related research and to con- of Rhode Island, and while we do not cus. We have about 200 members and we duct an NIH-wide study of research centers of yet know for certain what causes au- have been pushing very hard to get excellence, and reauthorizes provisions, which tism, we do know that early interven- money for NIH, as well as for the Cen- I had authored in the Children’s Health Act, to tion does make a difference in treat- ters for Disease Control so we get bet- grant HHS the authority to award grants for ment. ter prevalence data, and also, most im- the collection, analysis, and reporting of state- Mr. Speaker, we must commit our- portantly, how do we deal with this level epidemiological data on ASDs and other selves to providing parents, pediatri- issue and how do we help these individ- developmental disabilities, as well as the au- cians, early childhood educators and uals. thority to award grants for the establishment of all those who have contact with very Let me point out to my colleagues, regional centers of excellence in autism spec- young children the resources and train- when I first got elected, the incidence trum disorders epidemiology. Importantly, the bill directs that NIH-funded ing to identify children who need help or the common prevalence of autism research include investigation of possible envi- early enough to begin effective inter- was thought to be one out of every ronmental causes of ASDs and that CDC- ventions. The Combating Autism Act is 10,000. Now, because of the work that funded epidemiological centers develop exper- a tremendous step toward an effective the CDC has done, we know that it is tise in specialty areas, including environmental national policy of autism research, probably around one out of every 166 exposures. I applaud this recognition of the individuals. We have an epidemic on screening, intervention and education. need to pursue research into environmental Like all children, those diagnosed our hands. factors and epigenetics to further advance and with autism spectrum disorders are in- This legislation which reauthorizes clarify the science. While not specifically ad- Title I of the Children’s Health Act, dividuals with unique talents and abili- dressed in this bill and although some are and has other very, very important ad- ties. Across the Nation, special edu- fearful to even mention the issue, I believe ditions to that, I think takes us into a cation teachers, psychologists and oth- that we do not yet have the answers we need new era of helping the individuals who ers are working hard to bring these regarding the biological effects of thimerosal, have been afflicted by this disability, gifts and talents to light and help these and I am hopeful that research on environ- children realize their potential. trying to find out what is the trigger. mental factors will include further study to find I urge all of my colleagues to support There are many, many ideas out there those important answers. these professionals in their noble work, as to what may be triggering this. We The bill does much more, such as, facili- and these families in their time of need more definitive information about tates the creation of state-level agencies to need, by voting in favor of the Com- that, and again, I think this legislation serve as clearinghouses for public information; bating Autism Act. It is the right thing is good, bipartisan legislation, and it is reauthorizes the proven successful Inter- to do. It’s an exciting piece of legisla- an example of what we can do here agency Autism Coordinating Committee; and tion, and I look forward to its passage. when we put our minds together and also includes a very robust section ‘‘Autism Mr. DEAL of Georgia. Mr. Speaker, work across the aisle and especially Education, Early Detection, and Intervention,’’ can I inquire of the remaining time on when we work with these many autism to improve the early screening, diagnosis, our side? advocacy groups that have been tre- interventions, and treatments for ASDs. The SPEAKER pro tempore. The gen- mendous in helping to bring this legis- As many as 1.5 million Americans today tleman from Georgia (Mr. DEAL) has 14 lation to the floor. have some form of autism and the number is minutes remaining, and the gentleman So I urge strong support for it. I on the rise. Each and every day across Amer- from New Jersey (Mr. PALLONE) has 15 thank Chairman BARTON for bringing it ica, 66 children are diagnosed with autism and minutes remaining. up, even if it is late, but not too late. as many as 1 in 166 children born today will Mr. DEAL of Georgia. Mr. Speaker, I This legislation will make a significant eventually be diagnosed with autism. Just 10 am pleased to yield 3 minutes to the difference in the lives of autistic chil- years ago, the estimate was 1 in 500. gentleman from New Jersey (Mr. dren, as well as in the lives of their A complex neurobiological disorder that SMITH). families. generally appears in the first 3 years of life,

VerDate Aug 31 2005 01:32 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\CR\FM\K06DE7.044 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8785 autism impairs a person’s ability to commu- I rise in strong support of S. 843, the been affected by this, I want to say it nicate and to relate to others; the condition is Combating Autism Act of 2006. I also is not only a disability but it is also a often associated with rigid routines or repet- take this opportunity to commend and gift. And it really is. For those of us itive behaviors. About 40 percent of children congratulate Mr. Tim Muri, president who know and who have personal in- with autism do not talk, and others only repeat and CEO of Easter Seals of Chicago, as volvement, there are special angels what is said to them. Children with autism may well as the University of Illinois Med- among us with great tremendous gifts experience a range of medical problems which ical Center, and all of those who sup- that come from autism. And what we can be very debilitating. Because these pa- port this venture which I am about to want to do, what I want to do is to tients have such extreme communication prob- mention. make sure that these gifts, these abili- lems, behavioral symptoms such as agitation, On October 30, 2006, Easter Seals, ties that are special, unique, distinct, sleep difficulties, and other behavioral prob- with the support of many in the wonderful opportunities, to really lems may be attributed to the disability rather Chicagoland area, broke ground for a maximize the things that children with than to the pain and discomfort of a medical brand new therapeutic school and cen- autism can bring to all of us. And with condition. Adolescents with autism may deter for autism research in the Illinois this legislation today, I believe that we velop a strong sense of isolation, socially and Medical Center District. This bill, S. will maximize the understanding, we emotionally, and show signs of depression or 843, will greatly enhance the work of will maximize the gifts of our children increased challenging behaviors. this school and other entities across who have autism, and we will make Autism generally is a life-long disability; it the country. sure that their gifts are shared with also is a spectrum disorder that affects each So I simply support not only the de- the rest of the Nation and their con- individual differently and at varying degrees. velopment of this brand new school but tributions in science and math and Autism can overwhelm families, as their lives certainly the legislation which is going reading and all the different areas become consumed with the considerable chal- to enhance the work of those com- where they may have gifts but also lenges of identifying appropriate biomedical bating autism across the country. great struggles, that we can overcome and psychosocial treatments, schooling and I thank the gentleman again for those, that we can meet this challenge, other needed support systems for their autistic yielding. and that the understanding of this disease and the treatments that are made child and eventually for an autistic adult. b 1245 Our Nation is in the midst of an autism crisis available because of this legislation that becomes more severe each passing Mr. DEAL of Georgia. Mr. Speaker, I will make a difference in the lives of month, a crisis that costs our nation tens of am pleased to yield 5 minutes to the countless families and countless chil- billions of dollars annually in medical care, be- gentleman from Mississippi (Mr. PICK- dren. So I rise today in proud support. havioral therapy, special child care, and a ERING). I want to thank all of those who range of child and adult services needed to Mr. PICKERING. Mr. Speaker, I rise made it possible and the Members who care for these individuals. While we have sig- in proud support of this legislation. I have worked. CHRIS SMITH and the Au- nificantly increased our government’s commit- want to thank you and your leadership; tism Caucus deserve special praise for ment to surveillance and biomedical research I want to thank Congressman PALLONE, raising the awareness and building the in the last decade in an effort to find a cause Congresswomen DEGETTE and BONO, all coalitions within Congress and orga- or cure, it is incumbent upon us to act now to of the coalitions that have been great nizing the outside groups to make this reauthorize, intensify, and expand those and advocates for helping increase the re- day possible. I am proud that before we leave this Congress, we do not leave other efforts to identify individuals with autism search, the funding, the exploration, this job undone. And I thank Chairman and to provide them with more effective care and the discovery of what we know DEAL for all of his hard work in mak- and treatments. today about autism. I want to thank Thanks to the incredible work of Energy & my friend RICK SANTORUM and coming this possible, and Chairman BAR- TON, the ranking members, and all Commerce Committee Chairman JOE BARTON mend him for his dogged support and and his staff in finalizing this bill and getting it championing of this effort. And, I want those who worked, especially our staff. May God bless this effort, and thank here today to the floor of the House of Rep- to talk a little bit about today what we you very much. resentatives, we have a tremendous oppor- know about autism, how pervasive it is, how many children it affects, and Mr. PALLONE. Mr. Speaker, I would tunity to join together in carrying it over the fin- again urge that we pass this very im- ish line. I strongly encourage everyone of my what it means for us as a Nation and for our families. portant legislation. colleagues to vote for this bill. Mr. Speaker, I yield back the balance Perhaps the greatest thanks should go to One in 166 children is diagnosed with autism. For boys, and I am the father of my time. the very many individuals and organizations in Mr. DEAL of Georgia. Mr. Speaker, of five sons, one in 104 boys is on the the ASD community who coalesced and advo- as we close, I would simply reiterate autism spectrum; 67 children per day cated so effectively for this bill. Some, but cer- what some others have said, thanking are diagnosed. A new case is diagnosed tainly not all, of those organizations are: Au- all of those within the Congress itself almost every 20 minutes. More children tism One, Autism Society of America, Autism who have brought this bill to this point will be diagnosed with autism this year Speaks, Cure Autism Now, Dan Marino Foun- and hopefully to a finalization and sent dation, First Signs, Organization for Autism than with AIDS, diabetes, or cancer to the President. Research, Southwest Autism Research & Re- combined. It is the fastest growing se- Autism is an affliction on our chil- source Center, TalkAutism, Unlocking Autism, rious developmental disability in the dren, and there are many answers that and the US Autism and Asperger Association. U.S. and it costs our Nation over $90 people want and this will help us try to I know that there are numerous other organi- billion per year and it is a figure ex- find those answers. But this is not the zations and individuals who also deserve pected to double over the next decade. end of the journey. Those who are com- thanks and recognition. Yet, autism receives less than 5 permitted to this cause will continue their I know that all of us here share the commit- cent of the research funding available efforts here in the halls of Congress, ment to dramatically improve the lives for the when it is one of the most prevalent hopefully in the research halls well over a million American children and diseases spreading across our country. throughout our country. This is a adults who have an autism spectrum disorder But the good news is we are learning, worthwhile step in the very proper di- and improve the outlook for their families and we are discovering, we are under- rection, and I would urge my col- other loved ones. I humbly encourage you not standing much better today. We are leagues to adopt this resolution. to let this opportunity pass without casting much better able to detect, understand, Mr. BURTON of Indiana. Mr. Speaker, I rise your vote in support of this much needed and identify. It is much more possible to in support of the Combating Autism Act of much desired legislation. have early intervention and the thera- 2006—S. 843—as amended. I want to thank Mr. PALLONE. Mr. Speaker, I yield 2 pies and the types of treatments that Chairman NATHAN DEAL and Chairman JOE minutes to the gentleman from Illinois help young children maximize the gifts BARTON, and the Energy and Commerce Com- (Mr. DAVIS). and the talents that they have. mittee staff, for bringing this bill to the floor Mr. DAVIS of Illinois. Mr. Speaker, I I want to say as someone who has today. want to thank the gentleman from New met with many of the families, and all Over the last 5 years or more, many of you Jersey for yielding. of our families have children that have have heard me speak many times on this floor

VerDate Aug 31 2005 01:32 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\A06DE7.017 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8786 CONGRESSIONAL RECORD — HOUSE December 6, 2006 about the subject of autism and you will likely conclusion is not too surprising when you conservatives, I believe we are handicapping our continue to hear me speak on this issue be- sider that our health agencies seem to rou- efforts to give all ASD patients the best pos- cause I believe we truly have our work cut out tinely dismiss out of hand any scientific study sible quality of life and the ability to make the for us. About 20 years ago, autism was con- that does conclude thimerosal is a danger. greatest possible contributions to society. I sidered a rare disease, affecting about 1 in Experience tells us that, as with any other hope that in the coming weeks, months and 10,000 children. Now, that rate is about 1 in epidemic, while there may be underlying ge- years this Congress will push for further re- 166; making autism the third most common netic susceptibilities, there usually is some search into the question of thimerosal and au- developmental disability that children face, type of environmental trigger as well, such as tism so that one day we will be able to say even more prevalent than things such as a virus, fungus, heavy metals, pollutants, or that we have done everything possible to stop Down’s syndrome and other childhood can- whatever. There has never, to the best of my and treat this epidemic. In the meantime, I cers. In my own home State of Indiana we ex- knowledge, been a purely genetic epidemic. urge my colleagues to support this very good perienced a 923 percent cumulative growth So, genetics alone cannot explain how we bill. rate for autism from 1992 to 2003. The annual went from 1 in 10,000 children with autism Mr. TERRY. Mr. Speaker, I rise in support growth rate of autism in Indiana averaged 27 spectrum disorders 20 years ago to 1 in 166 of S. 843, the Combating Autism Act. As a percent compared to an average of 7 percent today. Considering that mercury is a base ele- member of the congressional Coalition on Au- for the growth rate of all disabilities. ment and the most toxic substance known to tism Research and Education CARE, as well This literal epidemic of autism is a looming science outside of radioactive materials, it is as a cosponsor of the companion bill, H.R. and immediate economic crisis to our edu- biologically plausible that mercury is an envi- 2421, I strongly support the provisions of the cation system, our health care systems, our ronmental trigger of autism. bill. This important legislation will improve the long-term housing and care system for the dis- Recent studies indicate that more than half lives of those affected by expanding and im- abled, and most especially, to an ever-increas- of pediatricians said that in the previous year proving detection, care and treatment of au- ing number of families across the country. Au- they had encountered at least one family that tism spectrum disorders. tism is a condition that has no known cure, refused all vaccines, while 85 percent said The establishment of centers of excellence which means that this is a crisis that is simply they’d had a parent turn down at least one for autism research will enable us to conduct not going to ‘‘go away.’’ shot. Whether it’s because of fear that mer- cutting edge research and apply it in the most Today we take a huge step forward in terms cury used as a preservative in childhood vac- effective manner possible to treat our young of dealing with this problem. Although in my cines causes autism, or that the dangers of citizens affected by autism in the best way we opinion, only a down payment on the re- immunizations far outweigh their benefits, or can. sources that we must invest in order to defeat that there is a conspiracy by drug companies, I want to give a special thanks to the many this terrible scourge, the Combating Autism doctors and vaccine makers to conceal the parents, siblings, families and friends of those Act, commits nearly $1 billion—in essence al- harm, the facts are clear, more and more with autism, especially my constituents in the most a doubling of funding for autism—to au- American families are fighting immunization. Second District of Nebraska. Your support of tism research, including essential research on It is imperative that we do all we can to re- autism issues, and specifically this legislation, environmental factors, treatments, early identi- store the public’s trust in vaccinations. And the has been crucial to the advancement of this fication and support services. This bill only way we are going to resolve the conflict bill. I congratulate you and other advocates for amounts to a long overdue and vitally needed of opinion over thimerosal is through more re- your tireless work. I urge my colleagues to declaration of war by the Congress of the search. Unfortunately, if the Department of support the enactment of S. 843. United States on autism. Health and Human Services never funds or Mr. BARTON of Texas. Mr. Speaker, I rise Even so, while a needed step forward, this conducts the right studies, and given their cur- today in support of the bill, S. 843, as amend- is not a perfect bill, because I believe we are rent track record on the subject, that is very ed, also known as the Combating Autism Act. missing a crucial opportunity to use this bill to likely what will happen, this question will for- This legislation takes several important steps help unravel the mystery of autism. Specifi- ever remain unanswered. That will be a na- intended to improve and intensify the Federal cally, while the bill before us does include lan- tional tragedy because often once an environ- response to the problem of autism in the guage on the need to research the environmental cause is discovered, immediate steps United States. mental factors which may contribute to autism, can be taken to prevent new cases and abate As many of my colleagues are aware, au- it does not include a specific mandate that en- the epidemic. In addition, knowledge of the tism is a brain disorder that appears in child- vironmental research topics must include vac- environmental cause or triggers often leads di- hood and persists throughout a person’s life. cines, other biologics, and their preservatives. rectly to more effective treatments. Autism affects crucial areas of a person’s de- Now I am not against vaccinations, but I do For example, this bill promotes the use of velopment, including communication, social believe, as do many of my colleagues, that evidence-based interventions for those at interaction, and creativity. Recent studies esti- there is a strong link between the mercury higher risk for autism. However, so long as we mate that autism afflicts more than 3 of every contained in a product called thimerosal— ignore the potential danger of mercury, many 1,000 children between ages 3 and 10. While commonly used as a vaccine preservative— biomedical interventions, such as restricted autism varies widely in its symptoms and se- and children developing neurological disorders diet, applied kinesiology and/or chelation ther- verity, early diagnosis and treatment can help such as autism. In fact, my own grandson be- apy—which many families have found to be autistic people to live independent and produc- came autistic after receiving nine shots in 1 the best treatments for their children with au- tive lives. day, seven of which contained thimerosal. tism—will be excluded from the list of evi- Today, little is understood about the causes Because of what happened to my grandson, dence-based treatments. and mechanisms of autism. Many studies I took it upon myself to learn about autism and I stand here today not just as a concerned have been conducted into possible genetic what I discovered during my research was grandfather of an autistic child but as the and environmental causes of autism, and sci- deeply disturbing. During my tenure as chair- voice for the hundreds of parents and families entists are learning more about this disorder man of the Government Reform Committee, who continue to contact my office looking for and how its effects can be lessened or elimi- 1997–2002, and as chairman of the Sub- help for their children. They are our constitu- nated. But there is no cure, and much more committee on Human Rights and Wellness, ents, we represent them in the People’s work needs to be done to pinpoint the true 2003–2005, a number of very credible national House, and I hope we are all listening to causes of autism before we’ll know how to and international scientists testified at a series them. The debate about mercury in vaccines cure it. of hearings that the mercury in vaccines is a must be addressed, investigated and resolved. This legislation contains provisions designed contributing factor to developing neurological Parents have a right to know what happened to intensify and coordinate the Federal re- disorders, including, but not limited to, modest to their children regardless of where the truth sponse to autism. It instructs the Centers for declines in intelligence quotient, IQ, autism, lies. And we have a responsibility to those Disease Control and Prevention to expand and Alzheimer’s disease. And the body of evi- children and families already suffering. In the and update its efforts to monitor autism incidence to support that conclusion gets larger meantime, we should err on the side of cau- dence and prevalence around the country. every day. tion and remove thimerosal, even trace The legislation also requires the CDC to edu- Yet we continue to hear repeatedly in con- amounts, from all vaccinations. cate parents and health care providers about gressional hearings, in media communications, By failing to provide a clear congressional the early warning signs of autism as well as and through government and scientific reports mandate to research all of the potential envi- the need for early and regular screenings. that ‘‘there is no evidence that proves a con- ronmental causes of autism spectrum dis- Another section of the bill addresses autism nection between vaccines and autism.’’ This orders, ASD, including vaccines and their pre- research conducted at the National Institutes

VerDate Aug 31 2005 01:32 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\CR\FM\A06DE7.024 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8787 of Health. Building on provisions contained in NIH’s research budget, increase administrative At this time, I’d like to thank the sponsors of the Children’s Health Act of 2000, the bill re- and overhead costs, and slow down important both the House and Senate bills who have quires the Director of NIH to expand and in- medical and scientific breakthroughs. The right worked tirelessly on this issue as well as the tensify autism-related research, including re- funding and the right minds will cure autism, members of the autism advocacy community search into possible environmental causes of but even staggering amounts of money won’t who have contributed constructive ideas and autism. The expansion and intensification will do the job if our efforts are not focused on the insights into this legislation. With that Mr. include research to be conducted at the Na- most promising research. I think, it is impor- Speaker, I urge my colleagues to support the tional Institute of Mental Health, the National tant to let scientists decide how to conduct the bill. Institute of Environmental Health Sciences, medical research. They must be held account- Mr. TOM DAVIS of Virginia. Mr. Speaker, I and a number of other institutes at NIH. The able, too, but this is a job for science, not poli- rise today in support of S. 843, the Combating National Institute of Environmental Health tics. Autism Act of 2006. This bill would amend the Sciences already has two centers, one located The amended bill before us today does not Public Health Service Act to combat autism at the University of California at Davis and one create new centers, nor does it remove any of through research, screening, intervention and at the Robert Wood Johnson Medical School the old ones. There were five autism-related education. in New Jersey, funded to study possible envi- centers of excellence mandated in the Chil- I have been greatly concerned by the signifi- ronmental causes of autism. In conjunction dren’s Health Act of 2000. In the intervening cant increase in autism rates in our country. with the bill’s authorizations of appropriations, years, NIH created the five statutorily required As a member of the House Coalition for Au- these provisions will ensure the continuation centers of excellence that study various as- tism Research and Education Caucus, I have and intensification of crucial research at pects of autism. NIH then went on to create tried to take an active roll in improving the NIEHS so that it is able to conduct all nec- an estimated 21 to 28 centers of excellence government’s response to this epidemic. I am essary research to determine the environ- dealing with various aspects of autism re- pleased we are considering this legislation mental factors in autism. search, including research into possible envi- today. With respect to possible environmental or ronmental causes. Rather than mandating in Autism spectrum disorder (ASD) places a external causes of autism, some have sug- statute the creation of a specified number of terrible burden on the families of those af- gested a link exists between autism and child- additional centers on top of those centers al- flicted. Autism is growing at a rate of 10–17 hood vaccines. In the past several years, sev- ready in existence, this bill lays the ground- percent each year, and we must take action eral major epidemiological studies have been work for effective congressional oversight of before it becomes even more of a health cri- conducted to look into the question of whether centers of excellence. It requires the Director sis. The earlier we identify autism, the more vaccines cause autism. Examining the pub- of NIH to submit a report to Congress detailing options we have to help a child. lished studies, the non-partisan Institute of the effectiveness of centers of excellence The Combating Autism Act of 2006 would Medicine has concluded that the weight of the across the NIH and how they can be im- authorize $405 million in funding for autism re- available evidence favors rejection of a causal proved. The bill also gives the Director of NIH search the National Institutes of Health over relationship between vaccines and autism. the explicit authority to consolidate centers of five years, and would require the director of However, I recognize that there is much that excellence if it would lead to improved pro- NIH to develop and implement a plan for au- we do not know about the biological pathways gram efficiencies and outcomes. tism research by April 1, 2008. Passage of S. and origins of this disorder, and that further in- Next, the amended bill expands and reau- 843 would give $185 million to Autism Centers vestigation into all possible causes of autism thorizes an existing Interagency Autism Co- of Excellence, which provide continued sup- is needed. ordinating Committee, or IACC. The coordi- port to examine causation, diagnosis, early de- This legislation is not designed to predeter- nating committee will be made up of relevant tection, prevention, control, intervention and a mine the outcome of scientific research. Rath- government officials, experts, and parents and cure for autism. The bill would also authorize er, the legislation rightfully calls for renewed families of those suffering from autism. The $15 million for fiscal 2007 for the Centers for efforts to study all possible causes of autism— committee’s far-reaching mandate will be to Disease Control and their surveillance and re- including vaccines and other environmental compose and annually report to Congress on search programs. causes. Simply put, we should leave no stone a strategic plan for Federal autism activities Combating autism is imperative because it unturned in our efforts to find a cure, whether and to make important recommendations to affects one in 166 children and persists it means exploring possible environmental fac- both Congress and the executive branch on through adulthood. By learning the signs, a tors, paternal age, genetic factors, or any ways to better coordinate and conduct Federal child can begin benefiting from one of the other factors that may hold answers. Perhaps autism-related activities. Further, this legisla- many specialized intervention programs. We further inquiry will show that it is not a single tion increases the amount of public participa- must provide Federal funding to ensure that factor but a combination of two or more faction on the IACC from two individuals to at research, education and prevention are pos- tors that cause what we know as autism. For least six. In addition, the IACC has been sible. example, a child might have a genetic pre- tasked with making recommendations to the Mr. Speaker, in closing, I hope that all disposition that is triggered by an external, en- Secretary regarding the public participation in Americans can continue to unite to form a col- vironmental factor that causes autism. The im- decisions relating to autism. For instance, the lective voice for the autism community. I ask portant thing to understand is that there are no committee notes that the IACC may rec- that my colleagues join me supporting S. 843, preconceived notions contained in this bill; the ommend providing other formal mechanisms, the Combating Autism Act of 2006. bill language is clear that we should follow such as an Autism Advisory Board, to provide Ms. BORDALLO. Mr. Speaker, I rise today every avenue that science opens to us in public feedback and interaction. Further, the in support of S. 843, the Combating Autism searching for a cure. Secretary may opt to provide such a mecha- Act of 2006. This bill authorizes funding impor- During the House consideration of the NIH nism under existing statutory authority, without tant for the continuation of research of perva- reauthorization bill, we found that the NIH has the recommendation of the IACC. Public par- sive development disabilities, the coordination created centers of excellence to promote col- ticipation, especially among the parents and and dissemination of the research findings laborative research into a particular field. A families of those affected by autism, is nec- from institutions throughout the country, and center of excellence is a designated entity, essary to emphasize the human side of autism the promotion of early screening of pervasive such as a university or a hospital, that re- research and to ensure that Federal resources development disabilities among high-risk chil- ceives NIH funding to study a particular re- are used wisely. dren. This bill goes far towards making the search area. At their best, centers of excel- This legislation takes several important combating of autism a national priority. This lence can foster collaboration and communica- steps forward in continuing the fight against bill, notably, includes provisions that recognize tion between scientists in a concentrated re- autism, and I support its passage. Should the the importance of providing culturally com- search area that can benefit from such an en- Senate also take up and pass the bipartisan petent information to individuals and commu- vironment. However, the proliferation of cen- NIH reauthorization bill overwhelmingly passed nities. These provisions are important to mi- ters of excellence, especially congressionally by the House earlier this year, Congress and nority communities. mandated centers of excellence, is a concern the public will benefit from increased trans- Pervasive development disabilities are indis- because it diverts precious resources away parency and accountability at NIH that will criminate, afflicting children of all socio- from other promising avenues of research that benefit research into all diseases, including economic backgrounds and all races. My dis- may be worthwhile. If Congress were to man- autism. I urge swift passage of both bills so trict, Guam, alone is home to approximately date new centers of excellence without sound we can get them to the President’s desk be- 110 individuals with autism spectrum dis- scientific justification, it could greatly fragment fore the end of this Congress. orders. According to the Centers for Disease

VerDate Aug 31 2005 01:32 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\A06DE7.028 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8788 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Control and Prevention, one out of every 166 of every 166 births in the country, meaning tional Oceanic and Atmospheric Ad- children may be affected by some form of au- today, 1.5 million Americans are living with ministration, to be carried out by the tism spectrum disorder. this disease, and these numbers are growing National Weather Service, and for While there remains varying viewpoints over particularly in places like New York City. other purposes, as amended. the causes of autism, research has shown that Autism has been personalized for me The Clerk read as follows: early diagnosis and intervention have been the through a number of my constituents, includ- H.R. 1674 most effective means of addressing pervasive ing one father and his little boy who I have Be it enacted by the Senate and House of Rep- development disabilities. The Combating Au- had the opportunity to meet with and discuss resentatives of the United States of America in tism Act’s multifaceted approach to this impor- this illness. Congress assembled, tant issue allows for the funding of research, The boy’s father, who I have gotten to SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Tsunami public education, and early detection efforts. know, has helped educate me on this issue. It Warning and Education Act’’. This multi-faceted approach will assist the was his discussions with me that helped me SEC. 2. DEFINITIONS. families and children who are afflicted with au- become more involved in the issue of autism, In this Act: tism spectrum disorders today, while striving spurred me to join the Autism Caucus here in (1) The term ‘‘Administration’’ means the to continue the progress toward finding com- the House and fight for increased funds both National Oceanic and Atmospheric Adminis- prehensive treatments for autism spectrum at the Defense Department and CDC for more tration. disorders. funds for research and care. (2) The term ‘‘Administrator’’ means the I commend my colleagues in the House of Additionally, the Quality Services for the Au- Administrator of the National Oceanic and Atmospheric Administration. Representatives and in the Senate for moving tism Community, or QSAC, has also contin- SEC. 3. PURPOSES. this important legislation forward. It is my hope ually done outreach and education throughout The purposes of this Act are— that this legislation will ease the emotional and Queens and all of New York City, including (1) to improve tsunami detection, fore- psychological pressures experienced by fami- hosting an annual Autism Awareness Day. casting, warnings, notification, outreach, lies caring for individuals with autism; and that This year’s event was held on April 9 at Shea and mitigation to protect life and property it will eventually bring about greater under- Stadium, home of the Mets, in my district, and in the United States; standing of and improved treatment for autism was their fourth consecutive annual event. (2) to enhance and modernize the existing spectrum disorders. These events and their members bring more Pacific Tsunami Warning System to increase coverage, reduce false alarms, and increase I urge my colleagues’ support for S. 843. attention to a disease that affects so many in- the accuracy of forecasts and warnings, and Mr. VAN HOLLEN. Mr. Speaker, I rise in dividuals and families and today has helped to expand detection and warning systems to strong support of S. 843, the Combating Au- us craft a good bill from their words and expe- include other vulnerable States and United tism Act of 2006. riences. States territories, including the Atlantic As a long-time supporter and friend of the This legislation will authorize nearly $1 bil- Ocean, Caribbean Sea, and Gulf of Mexico autism community, I am pleased that this bi- lion over the next 5 years to combat autism areas; partisan legislation is before the full House through research, early intervention, and (3) to improve mapping, modeling, re- today. Autism is a lifelong neurological dis- search, and assessment efforts to improve screening, and will translate into a 50 percent tsunami detection, forecasting, warnings, order that usually strikes sometime within the increase in funding to help eliminate this dis- notification, outreach, mitigation, response, first two years of a child’s life. It can cause se- ease. and recovery; vere impairment in language, cognition and With this bill many families in my own dis- (4) to improve and increase education and communication. The statistics on autism are trict, Bronx and Queens, will be able to rest outreach activities and ensure that those re- staggering. According to the Centers for Dis- assured that the U.S. Government has not for- ceiving tsunami warnings and the at-risk ease Control and Prevention, one in every 166 gotten them and is willing to work to eradicate public know what to do when a tsunami is children is affected by autism. Autism is one of this problem. approaching; the fastest-growing developmental disabilities Scientists are finding preventative meas- (5) to provide technical and other assistance to speed international efforts to estab- in the United States. ures, and cures for many diseases such as lish regional tsunami warning systems in There has been significant progress in re- cervical cancer. This would not have been vulnerable areas worldwide, including the In- cent years increasing autism research dollars possible without the funding giving to re- dian Ocean; and at the National Institutes of Health, as well as searchers to find a cure. (6) to improve Federal, State, and inter- surveillance and public health funding at the That is why I stand with the autism commu- national coordination for detection, warn- CDC. Current research indicates that autism nity not only in my district, Bronx and Queens, ings, and outreach for tsunami and other has a strong genetic component and may be but all across the Nation in supporting this leg- coastal impacts. triggered by environmental factors. But much islation. It is non-controversial, and it makes SEC. 4. TSUNAMI FORECASTING AND WARNING more needs to be done. We need to redouble PROGRAM. perfect sense to find a cure. (a) IN GENERAL.—The Administrator, our effort to find a cure and improved interven- I urge my colleagues to vote for this bill through the National Weather Service and in tion techniques. That is why I am proud to be today so families in the future won’t have to consultation with other relevant Adminis- a co-sponsor of the House version of the suffer with autism. tration offices, shall operate a program to Combating Autism Act. The legislation before Mr. DEAL of Georgia. Mr. Speaker, I provide tsunami detection, forecasting, and us today would authorize increased funding at yield back the balance of my time. warnings for the Pacific and Arctic Ocean re- the NIH for autism research programs as well The SPEAKER pro tempore. The gions and for the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico region. as expand screening, intervention and edu- question is on the motion offered by (b) COMPONENTS.—The program under this cation programs within the Federal Govern- the gentleman from Georgia (Mr. section shall— ment. DEAL) that the House suspend the rules (1) include the tsunami warning centers es- It is important that we promote funding for and pass the Senate bill, S. 843, as tablished under subsection (d); autism research in order to identify the best amended. (2) utilize and maintain an array of robust methods of early intervention and treatment. The question was taken; and (two- tsunami detection technologies; That is why I urge my colleagues to support thirds of those voting having responded (3) maintain detection equipment in operational condition to fulfill the detection, this important legislation. in the affirmative) the rules were sus- forecasting, and warning requirements of Mr. CROWLEY. Mr. Speaker, I rise in strong pended and the Senate bill, as amend- this Act; support of S. 843, the Combating Autism Act, ed, was passed. (4) provide tsunami forecasting capability which would authorize nearly $1 billion over A motion to reconsider was laid on based on models and measurements, includ- the next 5 years to combat autism. the table. ing tsunami inundation models and maps for This is an important authorization bill, but f use in increasing the preparedness of com- one that we must back up with funding during munities, including through the Tsunami- the appropriations process. TSUNAMI WARNING AND Ready program; Autism is serious and Congress must get EDUCATION ACT (5) maintain data quality and management Mr. EHLERS. Mr. Speaker, I move to systems to support the requirements of the serious in addressing it. This bill is a first step program; on that path. suspend the rules and pass the bill (6) include a cooperative effort among the According to the Department of Education (H.R. 1674) to authorize and strengthen Administration, the United States Geologi- this disease is growing at an alarming rate of the tsunami detection, forecast, warn- cal Survey, and the National Science Foun- 10–17 percent each year. Autism afflicts 1 out ing, and mitigation program of the Na- dation under which the Geological Survey

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.045 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8789 and the National Science Foundation shall seismic networks, and the Advanced Na- (1) evaluates the current status of the tsu- provide rapid and reliable seismic informa- tional Seismic System; nami detection, forecasting, and warning tion to the Administration from inter- (B) develop and execute a plan for the system and the tsunami hazard mitigation national and domestic seismic networks; transfer of technology from ongoing research program established under this Act, includ- (7) provide a capability for the dissemina- described in section 6 into the program under ing progress toward tsunami inundation tion of warnings to at-risk States and tsu- this section; and mapping of all coastal areas vulnerable to nami communities through rapid and reli- (C) ensure that maintaining operational tsunami and whether there has been any deg- able notification to government officials and tsunami detection equipment is the highest radation of services as a result of the expan- the public, including utilization of and co- priority within the program carried out sion of the program; ordination with existing Federal warning under this Act. (2) evaluates the National Weather Serv- systems, including the National Oceanic and (2) REPORT TO CONGRESS.— ice’s ability to achieve continued improve- Atmospheric Administration Weather Radio (A) Not later than 1 year after the date of ments in the delivery of tsunami detection, All Hazards Program; enactment of this Act, the National Weather forecasting, and warning services by assess- (8) allow, as practicable, for integration of Service, in consultation with other relevant ing policies and plans for the evolution of tsunami detection technologies with other Administration offices, shall transmit to modernization systems, models, and com- environmental observing technologies; and Congress a report on how the tsunami fore- putational abilities (including the adoption (9) include any technology the Adminis- cast system under this section will be inte- of new technologies); and trator considers appropriate to fulfill the ob- grated with other United States and global (3) lists the contributions of funding or jectives of the program under this section. ocean and coastal observation systems, the other resources to the program by other Fed- (c) SYSTEM AREAS.—The program under global earth observing system of systems, eral agencies, particularly agencies partici- this section shall operate— global seismic networks, and the Advanced pating in the program. (1) a Pacific tsunami warning system capa- National Seismic System. (j) EXTERNAL REVIEW.—The Administrator ble of forecasting tsunami anywhere in the (B) Not later than 3 years after the date of shall enter into an arrangement with the Na- Pacific and Arctic Ocean regions and pro- enactment to this Act, the National Weather tional Academy of Sciences to review the viding adequate warnings; and Service, in consultation with other relevant tsunami detection, forecast, and warning (2) an Atlantic Ocean, Caribbean Sea, and Administration offices, shall transmit a re- program established under this Act to assess Gulf of Mexico tsunami warning system ca- port to Congress on how technology devel- further modernization and coverage needs, as pable of forecasting tsunami and providing oped under section 6 is being transferred into well as long-term operational reliability adequate warnings in areas of the Atlantic the program under this section. issues, taking into account measures imple- Ocean, Caribbean Sea, and Gulf of Mexico (f) FEDERAL COOPERATION.—When deploy- mented under this Act. The review shall also that are determined— ing and maintaining tsunami detection tech- include an assessment of how well the fore- (A) to be geologically active, or to have nologies, the Administrator shall seek the cast equipment has been integrated into significant potential for geological activity; other United States and global ocean and and assistance and assets of other appropriate Federal agencies. coastal observation systems and the global (B) to pose significant risks of tsunami for earth observing system of systems. Not later (g) ANNUAL EQUIPMENT CERTIFICATION.—At States along the coastal areas of the Atlan- than 2 years after the date of enactment of tic Ocean, Caribbean Sea, or Gulf of Mexico. the same time Congress receives the budget justification documents in support of the this Act, the Administrator shall transmit a (d) TSUNAMI WARNING CENTERS.— report containing the National Academy of (1) IN GENERAL.—The Administrator, President’s annual budget request for each fiscal year, the Administrator shall transmit Sciences’ recommendations, the Administra- through the National Weather Service, shall tor’s responses to the recommendations, in- to the Committee on Commerce, Science, maintain or establish— cluding those where the Administrator dis- and Transportation of the Senate and the (A) a Pacific Tsunami Warning Center in agrees with the Academy, a timetable to im- Committee on Science of the House of Rep- Hawaii; plement the accepted recommendations, and resentatives a certification that— (B) a West Coast and Alaska Tsunami the cost of implementing all the Academy’s (1) identifies the tsunami detection equip- Warning Center in Alaska; and recommendations, to the Committee on ment deployed pursuant to this Act, as of (C) any additional forecast and warning Commerce, Science, and Transportation of December 31 of the preceding calendar year; centers determined by the National Weather the Senate and the Committee on Science of (2) certifies which equipment is oper- Service to be necessary. the House of Representatives. (2) RESPONSIBILITIES.—The responsibilities ational as of December 31 of the preceding (k) REPORT.—Not later than 3 months after of each tsunami warning center shall in- calendar year; the date of enactment of this Act, the Ad- clude— (3) in the case of any piece of such equip- ministrator shall establish a process for (A) continuously monitoring data from ment that is not operational as of such date, monitoring and certifying contractor per- seismological, deep ocean, and tidal moni- identifies that equipment and describes the formance in carrying out the requirements toring stations; mitigation strategy that is in place— of any contract to construct or deploy tsu- (B) evaluating earthquakes that have the (A) to repair or replace that piece of equip- nami detection equipment, including proce- potential to generate tsunami; ment within a reasonable period of time; or dures and penalties to be imposed in cases of (C) evaluating deep ocean buoy data and (B) to otherwise ensure adequate tsunami significant contractor failure or negligence. tidal monitoring stations for indications of detection coverage; SEC. 5. NATIONAL TSUNAMI HAZARD MITIGATION tsunami resulting from earthquakes and (4) identifies any equipment that is being PROGRAM. other sources; developed or constructed to carry out this (a) IN GENERAL.—The Administrator, (D) disseminating forecasts and tsunami Act but which has not yet been deployed, if through the National Weather Service and in warning bulletins to Federal, State, and the Administration has entered into a con- consultation with other relevant Adminis- local government officials and the public; tract for that equipment prior to December tration offices, shall conduct a community- (E) coordinating with the tsunami hazard 31 of the preceding calendar year, and pro- based tsunami hazard mitigation program to mitigation program described in section 5 to vides a schedule for the deployment of that improve tsunami preparedness of at-risk ensure ongoing sharing of information be- equipment; and areas in the United States and its terri- tween forecasters and emergency manage- (5) certifies that the Administrator expects tories. ment officials; and the equipment described in paragraph (4) to (b) COORDINATING COMMITTEE.—In con- (F) making data gathered under this Act meet the requirements, cost, and schedule ducting the program under this section, the and post-warning analyses conducted by the provided in that contract. Administrator shall establish a coordinating National Weather Service or other relevant (h) CONGRESSIONAL NOTIFICATIONS.—The committee comprising representatives of Administration offices available to research- Administrator shall notify the Committee on Federal, State, local, and tribal government ers. Commerce, Science, and Transportation of officials. The Administrator may establish (e) TRANSFER OF TECHNOLOGY; MAINTE- the Senate and the Committee on Science of subcommittees to address region-specific NANCE AND UPGRADES.— the House of Representatives within 30 days issues. The committee shall— (1) IN GENERAL.—In carrying out this sec- of— (1) recommend how funds appropriated for tion, the National Weather Service, in con- (1) impaired regional forecasting capabili- carrying out the program under this section sultation with other relevant Administra- ties due to equipment or system failures; and will be allocated; tion offices, shall— (2) significant contractor failures or delays (2) ensure that areas described in section (A) develop requirements for the equip- in completing work associated with the tsu- 4(c) in the United States and its territories ment used to forecast tsunami, which shall nami forecasting and warning system. can have the opportunity to participate in include provisions for multipurpose detec- (i) REPORT.—Not later than January 31, the program; tion platforms, reliability and performance 2010, the Comptroller General of the United (3) provide recommendations to the Na- metrics, and to the maximum extent prac- States shall transmit a report to the Com- tional Weather Service on how to improve ticable how the equipment will be integrated mittee on Commerce, Science, and Transpor- the TsunamiReady program, particularly on with other United States and global ocean tation of the Senate and the Committee on ways to make communities more tsunami re- and coastal observation systems, the global Science of the House of Representatives silient through the use of inundation maps earth observing system of systems, global that— and other mitigation practices; and

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(4) ensure that all components of the pro- (b) INTERNATIONAL TSUNAMI INFORMATION (A) not less than 27 percent of the amount gram are integrated with ongoing hazard CENTER.—The Administrator, through the appropriated shall be for the tsunami hazard warning and risk management activities, National Weather Service and in consulta- mitigation program under section 5; and emergency response plans, and mitigation tion with other relevant Administration of- (B) not less than 8 percent of the amount programs in affected areas, including inte- fices, in cooperation with the Intergovern- appropriated shall be for the tsunami re- grating information to assist in tsunami mental Oceanographic Commission, shall op- search program under section 6. evacuation route planning. erate an International Tsunami Information The SPEAKER pro tempore. Pursu- (c) PROGRAM COMPONENTS.—The program Center to improve tsunami preparedness for ant to the rule, the gentleman from under this section shall— all Pacific Ocean nations participating in (1) use inundation models that meet a the International Tsunami Warning System Michigan (Mr. EHLERS) and the gen- standard of accuracy defined by the Adminis- of the Pacific, and may also provide such as- tleman from Oregon (Mr. WU) each will tration to improve the quality and extent of sistance to other nations participating in a control 20 minutes. inundation mapping, including assessment of global tsunami warning system established The Chair recognizes the gentleman vulnerable inner coastal and nearshore through the Intergovernmental Oceano- from Michigan. areas, in a coordinated and standardized graphic Commission. As part of its respon- Mr. EHLERS. Mr. Speaker, I ask fashion to maximize resources and the util- sibilities around the world, the Center unanimous consent to yield the time to ity of data collected; shall— Mr. BOEHLERT. (2) promote and improve community out- (1) monitor international tsunami warning reach and education networks and programs activities around the world; The SPEAKER pro tempore. Without to ensure community readiness, including (2) assist member states in establishing na- objection, the gentleman from New the development of comprehensive coastal tional warning systems, and make informa- York will control the time. risk and vulnerability assessment training tion available on current technologies for There was no objection. and decision support tools, implementation tsunami warning systems; The SPEAKER pro tempore. The of technical training and public education (3) maintain a library of materials to pro- Chair recognizes the gentleman from programs, and providing for certification of mulgate knowledge about tsunami in general New York. prepared communities; and for use by the scientific community; and Mr. BOEHLERT. Mr. Speaker, I yield (3) integrate tsunami preparedness and (4) disseminate information, including edu- mitigation programs into ongoing hazard cational materials and research reports. myself such time I may consume. Mr. Speaker, in just about 2 weeks, warning and risk management activities, (c) DETECTION EQUIPMENT; TECHNICAL AD- emergency response plans, and mitigation VICE AND TRAINING.—In carrying out this sec- we will reach the second anniversary of programs in affected areas, including inte- tion, the National Weather Service— the devastating Indian Ocean tsunami grating information to assist in tsunami (1) shall give priority to assisting nations that began off the coast of Indonesia evacuation route planning; in identifying vulnerable coastal areas, cre- and resulted in the deaths of at least (4) promote the adoption of tsunami warn- ating inundation maps, obtaining or design- 150,000 people and injuring and disloca- ing and mitigation measures by Federal, ing real-time detection and reporting equip- tion of millions more. It was an event State, tribal, and local governments and ment, and establishing communication and nongovernmental entities, including edu- that stunned the entire world and warning networks and contact points in each eventually prompted an enormous out- cational programs to discourage develop- vulnerable nation; ment in high-risk areas; and (2) may establish a process for transfer of pouring of international aid. Among (5) provide for periodic external review of detection and communication technology to other things, the event was a reminder the program. affected nations for the purposes of estab- of the often forgotten but awesome (d) SAVINGS CLAUSE.—Nothing in this sec- lishing the international tsunami warning power of nature, which we ignore at tion shall be construed to require a change system; and our own peril. in the chair of any existing tsunami hazard (3) shall provide technical and other assist- mitigation program subcommittee. But an acknowledgement of nature’s ance to support international tsunami pro- power does not mean that we are pow- SEC. 6. TSUNAMI RESEARCH PROGRAM. grams. erless. Quite the contrary, we need- The Administrator shall, in consultation (d) DATA-SHARING REQUIREMENT.—The Na- with other agencies and academic institu- lessly seal our own doom if we fail to tional Weather Service, when deciding to take steps that can reduce the signifi- tions, and with the coordinating committee provide assistance under this section, may established under section 5(b), establish or take into consideration the data sharing cant impact of natural disasters at maintain a tsunami research program to de- policies and practices of nations proposed to home and abroad. And in the case of velop detection, forecast, communication, receive such assistance, with a goal to en- tsunamis, which by definition travel and mitigation science and technology, in- courage all nations to support full and open across the seas paying no mind to cluding advanced sensing techniques, infor- exchange of data. international borders, the approach has mation and communication technology, data collection, analysis, and assessment for tsu- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. to be global to be effective. nami tracking and numerical forecast mod- There are authorized to be appropriated to The tsunamis that can cause damage eling. Such research program shall— the Administrator to carry out this Act— in the U.S. are just as likely to begin (1) consider other appropriate research to (1) $25,000,000 for fiscal year 2008, of which— overseas as off our own coast. And in mitigate the impact of tsunami; (A) not less than 27 percent of the amount addition to humanitarian concerns, the (2) coordinate with the National Weather appropriated shall be for the tsunami hazard U.S. pays a high price both in aid and Service on technology to be transferred to mitigation program under section 5; and in threats to international stability operations; (B) not less than 8 percent of the amount when cataclysmic death results from (3) include social science research to de- appropriated shall be for the tsunami re- tsunamis overseas. So we need to take velop and assess community warning, edu- search program under section 6; cation, and evacuation materials; and (2) $26,000,000 for fiscal year 2009, of which— action to improve the understanding of (4) ensure that research and findings are (A) not less than 27 percent of the amount tsunamis by both scientists and the available to the scientific community. appropriated shall be for the tsunami hazard general public, to improve our detec- SEC. 7. GLOBAL TSUNAMI WARNING AND MITIGA- mitigation program under section 5; and tion of tsunamis, and to improve our TION NETWORK. (B) not less than 8 percent of the amount ability to issue warnings about ap- (a) INTERNATIONAL TSUNAMI WARNING SYS- appropriated shall be for the tsunami re- proaching tsunamis, and to ensure pop- TEM.—The Administrator, through the Na- search program under section 6; ulations know how to respond to such tional Weather Service and in consultation (3) $27,000,000 for fiscal year 2010, of which— warnings. with other relevant Administration offices, (A) not less than 27 percent of the amount in coordination with other members of the appropriated shall be for the tsunami hazard Happily, we are not starting from United States Interagency Committee of the mitigation program under section 5; and scratch in any of these areas. The Na- National Tsunami Hazard Mitigation Pro- (B) not less than 8 percent of the amount tional Oceanic and Atmospheric Ad- gram, shall provide technical assistance and appropriated shall be for the tsunami re- ministration already runs research, de- training to the Intergovernmental Oceano- search program under section 6; tection, warning, and outreach pro- graphic Commission, the World Meteorolog- (4) $28,000,000 for fiscal year 2011, of which— grams, and the administration began ical Organization, and other international (A) not less than 27 percent of the amount augmenting those programs in 2005 entities, as part of international efforts to appropriated shall be for the tsunami hazard after the Indian Ocean tsunami. But we develop a fully functional global tsunami mitigation program under section 5; and forecast and warning system comprising re- (B) not less than 8 percent of the amount need to ensure that the focus on gional tsunami warning networks, modeled appropriated shall be for the tsunami re- tsunamis continues even as memories on the International Tsunami Warning Sys- search program under section 6; and of the 2004 tragedy fade, and we need to tem of the Pacific. (5) $29,000,000 for fiscal year 2012, of which— further strengthen the administration

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.020 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8791 program along the lines of expert ad- to me, as an aging junior Member of in funding over the lifetime of the bill, vice we have heard at Science Com- this body, when I think of who I would I believe these funding levels represent mittee hearings. The experts were par- like to be when I grow up, one of those a good start. This program supports ticularly concerned that more be done people is SHERRY BOEHLERT. vital activities such as inundation in the area of outreach so that the pub- b 1300 mapping, public education and encour- lic understands more about tsunamis aging local communication networks. and what to do if one is approaching. I rise in support of H.R. 1674, the U.S. Again, I would like to thank Chair- They also called for more research so Tsunami Warning and Education Act. I man BOEHLERT and Chairman EHLERS we could predict tsunamis and their am an original cosponsor of this legis- for working with me in a bipartisan paths more accurately. lation, and I am proud to have worked and collegial manner on this legisla- I should add that tsunamis are not a with Chairman BOEHLERT and Chair- tion. H.R. 1674 is a good bill, and I urge theoretical threat for the U.S. The man EHLERS on this important bill. all Members to support it. seismically active west coast is par- We cannot prevent earthquakes and Mr. Speaker, I reserve the balance of ticularly vulnerable and has experi- tsunamis, but we can prepare for them. my time. enced tsunamis in the past. Even a We can ensure that citizens of our GENERAL LEAVE small tsunami can cause damage. An coastal communities take appropriate Mr. BOEHLERT. Mr. Speaker, I ask earthquake off the coast of Japan last safety steps when the inevitable oc- unanimous consent that all Members month produced a tsunami that hit curs. may have 5 legislative days to revise California with wave surges of only 5 or Detection and forecasting are not and extend their remarks and to in- 6 feet, but it caused an estimated sufficient. State and local communities clude extraneous material on H.R. 1674, $700,000 in damage in just one town. must be prepared to disseminate the as amended, the bill now under consid- So we need to maintain and strength- warning and direct the public to safety eration. en the Nation’s tsunami programs. areas. Individual citizens must know The SPEAKER pro tempore. Is there That is exactly what H.R. 1674 would where to go when they receive a warn- objection to the request of the gen- do; it would give specific continuing ing. All this must be done well in ad- tleman from New York? congressional direction to efforts in vance of a tsunami. There was no objection. tsunami research, prediction, detec- I am fortunate to represent a beau- Mr. BOEHLERT. Mr. Speaker, let me tion, warning, and outreach, the full tiful expanse of the Oregon coast. How- say to Mr. WU how much I appreciate spectrum of needed activities. The bill ever, we are also well aware of the po- his kind remarks. We are partners on would also improve congressional over- tential danger presented by the the Science Committee in a bipartisan sight of the program by requiring up- Cascadia fault located just offshore of manner to bring forward an agenda dates on the condition of tsunami mon- Oregon, Washington and California. from that committee that not only itoring equipment and several studies In Oregon, we face the threat of a 9.0 does the committee proud, does this of the overall effectiveness of the tsu- Richter Scale coastal earthquake and Congress proud, but does this Nation nami program. resulting tsunami. Scientists warn it is proud. This is a good, carefully targeted, ec- not whether this natural disaster will And one of the privileges of being the onomical, bipartisan bill. I wish to occur, but when. Unlike hurricanes chairman of the Science Committee is thank my cosponsor, JAY INSLEE, for Katrina and Rita, there will be abso- to work with my fellow chairmen like all his hard work and persistence on lutely no warning of the earthquake. DON YOUNG, and I happen to be a senior this bill. He understands well how his When the 9.0 Cascadia earthquake hits, member of that committee. I appre- constituents in Washington State it will rock the ground for 4 to 5 min- ciate his leadership, don’t always fol- could be in harm’s way for a tsunami. utes, perhaps raising and dropping the low it, but I really do appreciate his I also want to thank my colleagues on ground level 4 to 8 feet at each rumble. leadership. We have had a good, con- both sides of the aisle in the Science After the quake, Oregonians will have structive working relationship in so Committee who, as usual, contributed only 10 to 30 minutes to reach high many areas, and particularly on this to the bill which passed the committee ground before the tsunami rolls ashore. bill. long ago by voice vote. I also want to Oregon has already done a great deal Mr. Speaker, I am pleased to yield 4 thank the Transportation and Infra- to keep our coastline beautiful and our minutes to the gentleman from Alaska structure and International Relations citizens safe. Cannon Beach, Oregon, (Mr. YOUNG). Committees for working with us on was one of the first coastal commu- Mr. YOUNG of Alaska. Mr. Speaker, I their jurisdictional claims. And, fi- nities to be designated tsunami-ready thank the gentleman for his kind nally, I want to thank Senator TED by NOAA. H.R. 1674 builds upon the words. We will miss you. I even tried to STEVENS and Senator DAN INOUYE and successful partnership that exists be- get you to run again. their staffs for working with us to put tween the Federal, State and local gov- Mr. Speaker, I rise in strong support together a compromise bill. This bill is ernments on the west coast to ensure of H.R. 1674, the Tsunami Warning and ready for Senate action and should go that all U.S. coastal communities will Education Act. I want to commend to the President for signature this be prepared to deal with tsunamis. Chairman BOEHLERT, and even Mr. INS- week. This bill authorizes the type of com- LEE from Washington, Mr. WU, for Mr. Speaker, we ought to act now to prehensive system we must have if we working on this legislation in an effort prevent future tragedies from are to avoid the catastrophic loss of to make America’s coastal commu- tsunamis. We can’t prevent tsunamis, life caused by the December 2004 Indo- nities safer. but we can greatly limit the loss of life nesian earthquake. Alaska, my State, is no stranger to from them. This bill will help us do Previously, funding for tsunamis fo- the horrible forces of tsunamis. During just that, not just in the U.S., but cused more heavily on detection and the past century, four large tsunamis abroad, and I urge its passage. forecasting systems hardware. While have devastated our coastline. The Mr. Speaker, I reserve the balance of this hardware will help protect the Chi- worst occurred in 1964, when the State my time. nese and Japanese across the ocean in was struck by a magnitude 9.4 earth- Mr. WU. Mr. Speaker, I yield myself the event of a Cascadia earthquake, it quake. Many of the communities along such time as I may consume. is only mitigation programs focusing Prince William Sound and Kodiak Is- First, Mr. Speaker, I would like to on educating the public that are key to land were completely wiped out. Tsu- take a moment for an appreciation of protecting Oregonians, Washingtonians nami waves killed more than 100 people Mr. BOEHLERT, the retiring chairman of and Californians from a Cascadia fault and caused almost $400 million worth the Science Committee. He is a con- quake. of damage, and that is not in today’s summate legislator; he has talked the I am particularly pleased that this dollars, but 1964 dollars, to Alaska talk and walked the walk of promoting legislation includes a specific percent- alone. the public good over partisanship. He age of funding for tsunami hazard edu- The inability to properly warn Alas- has run the Science Committee in a cation and mitigation. While I would kans of these deadly tsunamis prompt- gentlemanly, bipartisan fashion. And like to see a more aggressive increase ed the creation of a tsunami warning

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.049 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8792 CONGRESSIONAL RECORD — HOUSE December 6, 2006 system for Alaska and the rest of the United States to assist in detection the threat remains real, whether in Pacific. H.R. 1674 enhances and mod- and monitoring of seismic events and Alaska or Crescent City, California, or ernizes this existing tsunami warning tsunamis around the world because a any of our other coastal areas. system. It also expands the detection large tsunami generated in Japan has a It is critical that we give our coastal and warning system to include other potential to do major damage to many communities the tools and timely in- vulnerable areas of the United States. places along the western coastline. formation they need to alert their citi- It is not enough to have warning sys- It is for these reasons that I am zens to coming danger, and passing this tems in place, people need to know proud to be a cosponsor of this legisla- bill will help make that happen. where to go when a tsunami is going to tion and urge my colleagues in the It is unfortunate that it often takes a hit. The mitigation program in this bill House and the other Chamber to quick- tragic event to bring natural disaster helps develop evacuation plans and im- ly pass this legislation and to begin to response planning to our attention. proves awareness in vulnerable com- provide support for our communities This makes it all the more important munities. and our citizens. that we seize on this opportunity to This bill will help protect Alaskans Mr. BOEHLERT. Mr. Speaker, it is help prevent future tragedies here in and other Americans from the same my privilege to yield 4 minutes to the the U.S. and around the world. It is of kind of devastation we suffered in 1964. gentleman from Michigan (Mr. utmost importance that we pass this I support this legislation with all my EHLERS), who is a real leader not just bill to establish a tsunami forecast and heart. on the Science Committee but in this warning system for the United States, Mr. WU. Mr. Speaker, I yield such Congress. We benefit greatly from his aid other countries in doing the same, time as she may consume to my friend special experience as a scientist, a and educate the public to understand and colleague from Oregon (Ms. physicist, a respected member of his and heed the warnings. HOOLEY). profession, but also a respected col- I want to once again emphasize this (Ms. HOOLEY asked and was given league. When VERN EHLERS talks, we bill will save lives. I urge my col- permission to revise and extend her re- listen. leagues to join me in strong support of marks.) Mr. EHLERS. Mr. Speaker, I thank H.R. 1674, as amended. Ms. HOOLEY. Mr. Speaker, I want to the chairman for his kind words, and Mr. WU. Mr. Speaker, I am pleased to take this opportunity to publicly also have a good deal of sorrow in my yield 3 minutes to my colleague from thank Chairman BOEHLERT for the kind heart because of his departure from Washington (Mr. INSLEE). of job he does every single day on com- this Congress. You have contributed so (Mr. INSLEE asked and was given mittee, which is working across the much, Mr. Chairman, and we deeply ap- permission to revise and extend his re- aisle and trying to make this world a preciate what you have done. marks.) better place for people, a little safer, Mr. Speaker, I rise today in strong Mr. INSLEE. Mr. Speaker, today we and to really look at the future. He support of this life-saving bill. H.R. will be taking action so that America’s cares very much about the future. And 1674, as amended, will provide the tools shorelines do not suffer the same fate I thank the gentleman from Oregon for our communities need to protect their as Indonesia’s on December 26, 2004. I all of his work on this legislation and citizens from the threat of tsunamis. am very pleased that this prolonged ef- for yielding me this time. On December 26, 2004, one of the most fort has arrived today where Congress Mr. Speaker, I join my colleagues not devastating tsunamis ever recorded is going to take measures to give only from the west coast but across the struck the unsuspecting nations of the Americans a warning and an ability to country in support of this legislation. Indian Ocean Basin. According to the avoid damage from a tsunami before I know that the impetus for this bill U.N., almost a quarter-million people that big tsunami hits. was the horrible destruction and loss of lost their lives or have never been We are in danger and threatened on life that occurred in Southeast Asia in found, and millions more were dis- our coastlines in Washington. First, I December of 2004. But one only has to placed. These numbers are impossible will allude to the Pacific. Right off the look at last month’s news and the tsu- to comprehend. It represents more coastline of Washington and Oregon in nami warnings issued along the west than the number of people killed in the the Pacific is what is called the coast after an earthquake in Japan to Hiroshima and Nagasaki nuclear weap- Cascadia subduction zone. This is an understand that the threat is very real ons blasts. The effects of this tragedy evil twin sister of the fault in Indo- and very important. will be felt for generations. nesia. It is almost identical to the fault In the last 2 years, I have made a lot As we recovered from the shock of off the coastline of Indonesia that of trips to the Oregon coast, and talked the event, we naturally began to ask caused that quake that cost hundreds with many constituents about the pos- the question: How can we prevent this of thousands of lives. We have similar sibility of a tsunami of similar size and from happening again? subduction zones in the Alaskan-Aleu- destructive force striking somewhere H.R. 1674, as amended, the Tsunami tian zone. We are in the bull’s-eye of a along Oregon, Washington or the Warning and Education Act, is part of potential tsunami. In fact, one hap- northern California coast. the answer. Tsunami warning systems pened on February 26, 1700, off the I have spoken with State geologists, can save lives by giving people the coastline of Washington, and sent what tsunami researchers at many univer- time they need to get out of harm’s could have been 50-foot waves onto the sities, and emergency management way. This bill will expand the coverage coastline. We need to do a better job, planners, and they all agree it is not a of our tsunami warning systems to and this bill is a good start. question of if but when the next big cover both the coasts of the U.S., not The good news is we have some great tsunami will strike the west coast. just the Pacific coast, giving more of technology to deal with this issue. We While this legislation or any legisla- our citizens critical protection. have these detection buoys that use a tion will not guarantee total protec- Of equal importance, this bill will product developed in Redmond, Wash- tion, I do think that the funding in this help communities develop efficient ington, in my district, by a company bill for education and mitigation pro- evacuation plans as well as effective called Paro Scientific. These buoys are grams will go a long way towards mak- systems for broadcasting warnings. It anchored off the coastline and they ing our Nation’s citizens more aware of will also help educate the public so have a little sensor that is on the bot- the dangers posed by tsunamis and that they know how to respond to tom of the ocean that can measure the more prepared to act and ultimately those warnings. In short, this bill will difference of depth of one-tenth of an safer. This is truly a bill that will save give our coastal communities the tools inch over 2-mile deep water. It is an in- lives. they need to save lives. credible technology. Then it radios I am also pleased there is money in- Our Nation has been fortunate not to changes in the average depth of the cluded in the legislation that will im- have experienced a tsunami of the ocean to a satellite. In a matter of sec- prove international coordination for magnitude of the Indian Ocean tsu- onds, we have a system that can gen- detection and warnings, particularly in nami—yet. Nor have we escaped all erate information along our coastlines. vulnerable regions like the Indian harm. Tsunamis have killed over 300 We have six of these buoys, we need at Ocean. It is in the best interest of the people in the U.S. in my lifetime, and least 20 in the Pacific. For the first

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.051 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8793 time, this bill will put some buoys in overlooked is a change for the good, for HOUSE OF REPRESENTATIVES, the Atlantic as well. the positive, the very high degree of COMMITTEE ON SCIENCE, Washington, DC, December 6, 2006. b 1315 professionalism so evident in the staffs of the committees. And I take the Hon. HENRY J. HYDE, Chairman, Committee on International Rela- This will be a first international tsu- Science Committee as a classic exam- nami warning system using what are tions, Washington, DC. ple of how it should be done by all. The DEAR MR. CHAIRMAN: Thank you for your called piezometers to measure the professionalism, the hard work, dedica- letter regarding floor consideration of H.R. depth of the ocean. tion on both sides of the aisle. 1674, the Tsunami Warning and Education The second thing the bill is going to And we are going into a new chapter. Act, as proposed for consideration under sus- do is the critical link in the chain of We as Republicans are going from the pension of the Rules of the House. I appre- warning because buoys aren’t enough. majority to the minority. The Demo- ciate your willingness to work with me so We have got to have a way to warn peo- crats are going from the minority to that H.R. 1674 can move expeditiously to the ple, to educate people, to have systems the majority. And people are saying, floor. in place so that they can evacuate I agree that your action does not waive, re- well, what is going to change? Well, I duce or otherwise affect any jurisdiction along the coastlines. A little commu- will tell you what is not going to your Committee might have over H.R. 1674. nity called LaPush, Washington now change in the Science Committee. It is As you requested, the exchange of letters be- has a system where they can move the the working relationship across that tween our two committees will be included whole city in about 12 to 15 minutes. center divide, the professionals who in the CONGRESSIONAL RECORD during consid- We need to have those systems, and day in and day out prepare us for the eration of the bill on the House floor. this bill is going to do that. debates, the hearings, and for the ac- Thank you for your cooperation in moving I want to say there is an additional tivities that we are about. That is not this important legislation. Sincerely, benefit of this bill. False alarms hap- going to change. The Democrats will SHERWOOD BOEHLERT, pen as well. And when false alarms have a few more and the Republicans Chairman. happen, we lose millions of dollars will have a few less, but I guarantee Mr. WU. Mr. Speaker, I yield back when we have false alarms. This whole you this: As the next Congress comes the balance of my time. system will reduce false alarms so that to a close and people are looking back Mr. BOEHLERT. Mr. Speaker, I have for the first time we can have a cred- on its performance, I fully expect that no further requests for time, and I ible, meaningful, reliable tsunami de- the Science Committee once again will yield back the balance of my time. tection and warning system in this be one of the stars in this Chamber. The SPEAKER pro tempore (Mr. So with that, let me say to my col- country. It is overdue. I am glad we are GILLMOR). The question is on the mo- going to have it happen. It is one of the leagues on the committee how fortu- tion offered by the gentleman from nate I consider myself to have had the crowning achievements of the great ca- Michigan (Mr. EHLERS) that the House reer of Chairman SHERWOOD BOEHLERT, privilege of working with and for you suspend the rules and pass the bill, over the years, and as I say to all my who has done such great work for the H.R. 1674, as amended. environment and for science. We are all colleagues in this Chamber, I urge your The question was taken; and (two- going to miss his great leadership. support for H.R. 1674, as amended. It is thirds of those voting having responded I want to note a fellow who just left a bill that demonstrates that when we in the affirmative) the rules were sus- the Speaker’s chair, Representative work together, we can accomplish so pended and the bill, as amended, was CHARLIE BASS, who hopefully will take much for so many. passed. Mr. Speaker, I insert an exchange of credit for this as well for his great en- A motion to reconsider was laid on letters between the Committees on vironmental stewardship. And it is a the table. Science and International Relations in good day for America’s shorelines to f protect us from tsunamis. the RECORD. Mr. BOEHLERT. Mr. Speaker, I yield I want to thank the staff on both sides of the FURTHER MESSAGE FROM THE myself such time as I may consume. aisle, who have labored for more than 2 years SENATE I want to thank Mr. INSLEE for those on this bill. That includes Eric Webster, who A further message from the Senate very kind comments. I want to thank has since moved on to NOAA, and David by Ms. Curtis, one of its clerks, an- all my colleagues. It has been a great Goldston, Sara Gray, Chad English, and espe- nounced that the Senate has passed privilege to work with you and for you cially Amy Carroll, who has worked tirelessly without amendment a bill of the House and for this great institution. to keep this bill moving forward. of the following title: I also want to observe, before we CONGRESS OF THE UNITED STATES, H.R. 4510. An act to direct the Joint Com- bring this to a close, the great work of COMMITTEE ON INTERNATIONAL RE- mittee on the Library to accept the donation LATIONS, of a bust depicting Sojourner Truth and to the staff on both sides of the aisle who Washington, DC, December 6, 2006. have labored long and hard, almost 2 display the bust in a a suitable location in Hon. SHERWOOD BOEHLERT, the Capitol. years on this bill alone. We don’t give Chairman, Committee on Science, enough recognition to the staff. Those Washington, DC. The message also announced that the of us who are more visible, we come be- DEAR MR. CHAIRMAN: I am writing regard- Senate has passed with an amendment fore the House and we are recorded on ing the jurisdictional interest of the Com- in which the concurrence of the House C–SPAN and everybody says they are mittee on International Relations in H.R. is requested, a bill of the House of the 1674, the Tsunami Warning and Education following title: doing some good deeds. But the real Act, as proposed for consideration under sus- H.R. 6143. An act to amend title XXVI of driving force behind so much of what pension of the Rules of the House. we do is the very able professional staff The Committee on International Relations the Public Health Service Act to revise and that we literally are blessed with, both recognizes the importance of H.R. 1674 and extend the program for providing life-saving care for those with HIV/AIDS. Democrat and Republican. the need for the legislation to move expedi- And this comes from a former staff tiously. Therefore, I will not stand in the f member, but I came to Capitol Hill 42 way of floor consideration. This, of course, is HONORING THE LIFE OF MILTON years ago as a starry-eyed young staff- conditional on our mutual understanding that nothing in this legislation or my deci- FRIEDMAN er. I got 3 years off for good behavior. sion to allow the bill to come to the floor Mr. LATOURETTE. Mr. Speaker, I I was elected county executive back waives, reduces or otherwise affects the ju- move to suspend the rules and agree to home, and for the past 24 years I have risdiction of the Committee on International the resolution (H. Res. 1089) honoring been privileged to serve in my own Relations, and that a copy of this letter and the life of Milton Friedman. right as a Member. But in those 42 your letter in response will be included in The Clerk read as follows: the CONGRESSIONAL RECORD when the bill is years, one of the most dramatic H. RES. 1089 changes, and people are asking me this considered on the House Floor. Thank you for your attention to this mat- Whereas Milton Friedman earned a degree all the time as I am taking leave, what ter. in economics from Rutgers University, and has changed about the House and about Sincerely, later earned a master’s degree from the Uni- Congress, this institution? One of the HENRY J. HYDE, versity of Chicago and a doctorate degree most dramatic changes that is so often Chairman. from Columbia University;

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.053 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8794 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Whereas Doctor Milton Friedman is widely The SPEAKER pro tempore. Is there garded around the world as an institu- regarded as the leader of the Chicago School objection to the request of the gen- tion that produces outstanding eco- of economics, and the developer of the the- tleman from Ohio? nomic scholarship and rigorous theory. ory of monetarism that stresses the central There was no objection. Milton Friedman’s name will hold a importance of the quantity of money as an Mr. LATOURETTE. Mr. Speaker, I instrument of government policy and as a permanent place in economic debate, determinant of business cycles and inflation; yield myself such time as I may con- and so I am pleased and delighted to be Whereas Doctor Friedman’s writings and sume. in support of this resolution. ideas have influenced Presidents, other world Widely acclaimed as the leader of Mr. Speaker, I reserve the balance of leaders, entrepreneurs, and students of eco- Chicago’s School of Economics, Milton my time. nomics, and he gave himself generously to Friedman’s achievements in the fields Mr. LATOURETTE. Mr. Speaker, at public service as an economic adviser to Sen- of economic science and public policy this time it is my pleasure to yield 4 ator Barry Goldwater’s campaign for the were remarkable. He was the recipient minutes to the author of the resolu- presidency in 1964, Richard Nixon’s presi- of the 1976 Nobel Memorial Prize, the tion, Mr. STEARNS of Florida. dential campaign in 1968, the Nixon Adminis- tration, Ronald Reagan’s 1980 presidential 1988 Presidential Medal of Freedom, (Mr. STEARNS asked and was given campaign, and the Reagan Administration as and the 1988 National Medal of Science, permission to revise and extend his re- a member of President Reagan’s Economic just to name a few. In the early 1990s, marks.) Policy Advisory Board; Eastern European countries emerging Mr. STEARNS. Mr. Speaker, on No- Whereas Doctor Friedman is a 1976 Nobel from communism modeled their new vember 16 of this year, America and Laureate economist and received the John free market economies after his teach- the world lost not only a brilliant Bates Clark Medal in 1951 honoring the top ings. economist but a towering giant of an economists under the age of forty, the Grand He was a champion of individual free- unbounded vision for freedom. Dr. Cordon of the First Class Order of the Sacred Friedman was widely recognized world- Treasure by the Japanese government in doms as well and wrote extensively on 1986, the Presidential Medal of Freedom in the subject throughout his career. wide for his economic explanations and 1988, the National Medal of Science in 1988, Presidents such as Ronald Reagan philosophies of government and mar- and honorary degrees from universities in called on Dr. Friedman for his exper- kets. Beyond pure economic analysis, the United States, Japan, Israel, and Guate- tise and advice, and universities in the Dr. Friedman promoted liberty and mala; United States, Japan, Guatemala, and choices in all areas. I am honored to Whereas Doctor Friedman’s ideas were the Israel all awarded him with honorary have the opportunity to commemorate model for the free market reforms under- degrees. his life with this resolution to honor taken in eastern European countries as they Dr. Friedman passed away on Novem- him and have enjoyed collaborating emerged from communist domination in the early 1990s, helping extend the blessings of ber 16 of this year. And for his leader- with the distinguished gentleman from prosperity to millions who had long been de- ship, achievements, and countless con- New Jersey. nied them; tributions both politically and eco- House Resolution 1089 outlines his Whereas Doctor Friedman was a prolific nomically, I hope all Members will join academic, publishing, and prize-win- producer of both scholarly and popular arti- me today in honoring his life and leg- ning accomplishments. I will not relist cles, essays, books, and broadcast media, in- acy. them here. There is so much to say. cluding the books Capitalism and Freedom Mr. Speaker, I reserve the balance of Dr. Friedman’s economic prescrip- and Free to Choose, tri-weekly columns for my time. tion advocated we steadily, constantly Newsweek, commentaries in the Wall Street Mr. DAVIS of Illinois. Mr. Speaker, I stabilize the growth of money supply, Journal, and two multi-part Public Broad- casting Service television series; yield myself such time as I may con- then more or less just stay out of the Whereas Doctor Friedman was one of the sume. way, leaving the economy to the free world’s foremost champions of liberty, not Mr. Speaker, on November 16 the creative choices of millions of produc- just in economics but in all respects; world lost one of its preeminent and in- tive individuals, households, and busi- Whereas Doctor Friedman will be remem- fluential economists and thinkers of nesses, rather than one micromanaging bered both as one of the most influential our time. Dr. Milton Friedman is most government. Milton Friedman put indi- economists in history and as one of the commonly associated with his theories viduals, not bureaucrats at best or des- twentieth century’s greatest heroes of free- of monetarism, his devotion to the free pots at worst, in the driver’s seat. dom; and Whereas Doctor Milton Friedman died on market that sought to turn the Essentially we admire him for es- November 16, 2006, in San Francisco, Cali- Keynesian economic revolution on its pousing that economic freedom is nec- fornia, at the age of 94 of heart failure: Now, head, and his visions of an inter- essary for political freedom. And today therefore be it national economic system that is free few would argue that Friedman’s ideas Resolved, That the House of Representa- of pegged and fixed exchange rates. went from being seen as radical to now tives, on the occasion of the death of Doctor Friedman’s top achievement, among being fully accepted. Most successful Milton Friedman— many, was his Nobel Prize in Econom- countries rely on monetary policy as (1) mourns Doctor Friedman’s passing and ics, which he was awarded in 1976. And their chief stabilizing tool. Some shin- expresses its deepest condolences to his family, including his widow Rose Friedman, who while many of his achievements are ing examples are borne out in Eastern is herself an accomplished economist and well known, some of his lesser known Europe nations that not so long ago was instrumental in co-authoring some of accomplishments make him an intrigu- dwelled under the Iron Curtain. I think his major works; and ing figure. One of the abstractions a cartoon that was printed in the (2) honors Doctor Friedman’s lifetime of Friedman developed in his famous Christian Science Monitor in 1990 by achievements and recognizes his outstanding work, ‘‘Capitalism and Freedom,’’ was Danziger sums it up pretty well. It says contributions to freedom, the study of eco- the concept of the negative income tax ‘‘Statue of Milton Friedman is erected nomics, the United States of America, and credit, or the modern-day earned in- in Poland in place of Whathisname.’’ the world. come tax credit. This abstraction ad- And of course it depicts a collapsed The SPEAKER pro tempore. Pursu- vances the idea that people who earn Lenin on his face with a lady chortling ant to the rule, the gentleman from less than a certain amount of money ‘‘Hah!’’ at the broken statue while Ohio (Mr. LATOURETTE) and the gen- should receive money from the govern- other Poles are pulling up a smiling, tleman from Illinois (Mr. DAVIS) each ment. Friedman also was a key mem- bespeckled Milton Friedman statue will control 20 minutes. ber of the White House Commission on and they have crossed out ‘‘Lenin’’ and The Chair recognizes the gentleman White House Fellows from 1971 to 1973. carved ‘‘Uncle Miltie’’ on the statue from Ohio. But most of all, Milton Friedman was base. GENERAL LEAVE devoted to the centrality of freedom in My colleagues, his crowning achieve- Mr. LATOURETTE. Mr. Speaker, I domestic and international affairs. ment was establishing with his wife the ask unanimous consent that all Mem- And although Friedman was born to Milton and Rose D. Friedman Founda- bers may have 5 legislative days within humble beginnings as a first-generation, based in Indianapolis, Indiana, for which to revise and extend their re- tion American, he rose to become the the purpose of promoting educational marks and include extraneous material leader of the Chicago School of Eco- choice and reform for parents and their on the resolution under consideration. nomics. The Chicago School is re- children. School choice continues to be

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.022 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8795 passionately debated today; yet experi- amount that everybody would be enti- to embrace the spirit of his creative ments from the District of Columbia to tled to, regardless of what they did or mind to be able to do some things that my own State of Florida, under Gov- who they were, that would be cheaper actually we can all agree on need to be ernor Jeb Bush’s lead, demonstrate and more effective to administer, that done. great promise in liberating educational would actually deal with the problem Mr. LATOURETTE. Mr. Speaker, at opportunities for all. We have done this of poor people that they didn’t have this time it is my pleasure to yield 2 successfully for colleges since World money. It would reduce the inter- minutes to the gentleman from New War II with the Montgomery GI bill. So ference in their lives and allow them to Jersey (Mr. GARRETT). why should we deny school choice for respond to a lot of the pressures that Mr. GARRETT of New Jersey. Mr. kindergartners through senior high we typically associate with how fami- Speaker, I thank you for the oppor- school students here in America? lies react. tunity to join with my colleague, Mr. And, finally, my colleagues, I cannot This was something that was actu- STEARNS, to bring this resolution to end a tribute to Dr. Friedman without ally briefly considered by the Nixon ad- the floor today. Dr. Milton Friedman is also honoring his wife of 68 years. Rose ministration, discarded because it was surely a man that is worthy of the was his classmate, partner economist, a little radical at the time. The costs honor of this House. fellow radical for freedom, and, I dare- were somewhat uncertain, although You know, it took courage, it took say, the love of his life. I know she and Friedman was convinced that in the honor, and it really took genius for Dr. children David and Janet and their long run it would actually be cheaper. Friedman to challenge the prevailing grandchildren mourn their beloved Mil- This was the inspiration for the thought and economic theories of his ton but are at peace knowing they con- earned income tax credit, which is day. His meticulous economic analysis tributed to this great man who contrib- probably the single most effective presented in his books and his lectures and his talks convinced leaders here in uted just so much to the multitudes in mechanism, in a Reagan era, that Re- the United States, and around the this country. For me when I think of publicans and Democrats could get be- world as well, that inflation could be the values not only Milton Friedman hind to reduce poverty. It helped peo- controlled and it could be controlled and his wife promoted, I am moved by ple in a cost-effective way, diminishing through careful control of money sup- this paragraph from the Friedmans’ the disincentives for work, and was ply. That is a theory that has been memoirs, ‘‘Two Lucky People.’’ Mr. something for which Mr. Friedman proven true by the policies of our past Speaker, this sentiment is bigger than never really fully received the acclaim Fed chairmen over the last several dec- partisan politics. It is more profound that was deserved by him. This has affected millions of lives in ways that ades. than the Washington interest group Dr. Friedman was known for his abil- people on both sides of the aisle of a agenda. It marvelously illustrates opti- ity to defend his theories, to defend the variety of different philosophical per- mism for what America could be. free market ideas with both clarity and spectives could feel comfortable with. ‘‘ . . . So we close this book full of grace as well. He is considered a friend I think there is also a lesson here, optimism for the future in the belief of all the economists of the day, Mr. Speaker, because there are many that those ideas will prevail and that Keynesians and socialist economists as problems that face us on the floor of our children and grandchildren will well, but he used their critiques to this House, that don’t have to fall in live in a country that continues to ad- sharpen his own theories. He was on TV neat little boxes in a philosophical or a vance rapidly in material and biologi- for a while in a television series, Free partisan way. We are looking for exam- cal well-being and gives its citizens to Choose, and Dr. Friedman intro- ple, Mr. Speaker, at the investment in ever wider freedom to follow their own duced his free market concepts to a agriculture in this country, in a way values and tastes so long as they do not truly popular audience. He proved him- that cries out for reform. We are spend- interfere with the ability of others to self unafraid to defend himself in the do the same.’’ ing $23 billion in a year of record-high marketplace of general ideas as each Milton Friedman, well done. Rest in farm prices. segment of this, what was a 10-seg- Now, if my friends on the Republican peace. ment-part program, contained a vig- side and my friends on the Democratic orous debate among politicians of the b 1330 side would think of the teachings and day, economists and historians as well. Mr. DAVIS of Illinois. Mr. Speaker, I the spirit of Milton Friedman, we could See, Milton Friedman stood, first and would like to yield such time as he bring people together in a bipartisan foremost, for freedom. He had an ear- might consume to the gentleman from way to reform this Depression-era set nest belief that a free society is truly a Oregon (Mr. BLUMENAUER). of programs that is not really an agri- strong society. Mr. BLUMENAUER. Mr. Speaker, I cultural policy. The ‘‘Freedom to So now, fast forward to today. Now, appreciate my colleague from Illinois Farm’’ bill is observed in the breach, at a time when our freedoms in this permitting me to speak on this resolu- not its actual implementation. We can country and around the world are tion. design a Friedman approach that would under attack, we must defend ourselves Mr. Speaker, I think it is appropriate be better for the taxpayer, that would from those who would enslave man- for us to pause and reflect on the many be better for the environment, that kind, and we should do so by remem- contributions of Milton Friedman. At would actually help individual family bering Dr. Friedman and his intellec- any point we have great thinkers who farmers more effectively and more di- tual defense of liberty. Remember his challenge conventional wisdom. It is rectly. long and vibrant life. And we also give appropriate to honor Prof. Friedman. It is but one example that I think, our lifelong condolences to his family There are some who credit him as the that I hope we can tackle as we move that he has left behind. He was truly an founder of the Chicago School of Eco- into a new Congress. Perhaps with a intellectual giant, and we will all miss nomics. There are others who see that new spirit, with a change in the rules him for his abilities and contributions he was a free market paragon. I see so that people will actually be able to to this world, to this country, and the him as a symbol of what can be done more fully and fairly debate on the freedoms that we enjoy today. intellectually if people are thinking floor of the House of Representatives, Mr. DAVIS of Illinois. Mr. Speaker, I about the future of problems and cre- that we can take things like this that don’t believe that I have any additional ative about solutions. can bring the right and the left, the requests for time. But simply, as a resi- Milton Friedman understood that, at conservative and the liberal, Repub- dent of Chicago where Milton Fried- core, we had a problem in this country licans and Democrats, together to man did a great deal of his work, we with poor people who were poor. They solve problems in a way that will be were always immensely proud of him, didn’t have enough money. He also had better for the American people, and we and I am very pleased to support this suspicion about the various bureau- will be better as an institution. resolution. cratic responses that government has It is with great respect that I join in Mr. LATOURETTE. Mr. Speaker, it is assembled over time. And he had pre- support of the resolution in honoring my pleasure to yield 2 minutes to the sented a provocative proposal to have a Milton Friedman and his career, and I gentleman from California (Mr. ROHR- guaranteed annual income, a flat basic hope that the next Congress is willing ABACHER).

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.058 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8796 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Mr. ROHRABACHER. Mr. Speaker, I Milton Friedman. Milton Friedman was one of dom, introduced millions of people to the free- rise to pay tribute to a friend, a men- America’s greatest champions of liberty. dom philosophy, and it remains one of the tor, and a true hero of American lib- Launching a career as a public intellectual at most popular, and influential, pro-freedom erty and a champion of liberty and jus- a time when dissenters from the reigning books in the world. tice for all of humankind. The death of Keynesian paradigm where viewed as the In 1980, Milton Friedman collaborated with economist and libertarian spokesman, equivalent of members of the Flat Earth Soci- his wife Rose on a television series, Free to Dr. Milton Friedman, last week si- ety, Milton Friedman waged an oftentimes Choose. The series, and the accompanying lenced a powerful voice in the public lonely intellectual battle on behalf of free mar- best-selling book, remain among the best in- debate over the role of individual lib- kets and individual liberty in the fifties and six- troductions to the benefits of economic liberty, erty in our society. ties. As the economic crisis of the seventies and rivals Capitalism and Freedom in popu- As a young man who first became ac- caused by high taxes, high spending, and in- larity. One of my favorite moments of the tive in politics while I was in high flation vindicated Friedman’s critiques of inter- show is when Milton Friedman compares the school in the mid-1960s, one of the very ventionism, his influence grew—not because robust free market economy of Hong Kong first writers who helped shaped my he moved to the mainstream but because the with the then stagnant economy of communist ideas was Milton Friedman in his clas- mainstream moved toward him. Friedman China. sic work, ‘‘Capitalism and Freedom.’’ served as an advisor to Presidents Nixon and On a personal note, I was honored to re- Its powerful message of a respect for Ford and as a member of President Reagan’s ceive Milton Friedman’s endorsement of my individual liberty, private property, Council of Economic Advisors. In 1976, Fried- congressional campaign in 1996. One par- and limited government inspired me as man was awarded the Nobel Prize in econom- ticular quote from his endorsement exemplifies a young activist in the Youth for Gold- ics. how Milton Friedman’s commitment to the free water at that time, I might add, and Milton Friedman’s most notable contribu- market was rooted in a recognition that a soci- then again a couple of years later in tions to economic theory where in the area of ety that respects the dignity and worth of Youth for Reagan, and continued to monetary policy. His 1963 work A Monetary every individual is impossible without limited guide me as I became a speech writer History of the United States 1857–1960, coau- government, private property, and sound for President Ronald Reagan and a thored with Anna Schwartz, was among the money: ‘‘We very badly need to have more Member of the United States Congress. first works to emphasize the role Federal Re- Representatives in the House who understand Dr. Milton Friedman was always a serve policy played in causing the Great De- in a principled way the importance of property creative and innovative thinker. I pression. As Friedman said, ‘‘The Great De- rights and religious freedom for the preserva- might add, he was a decent and won- pression, like most other periods of severe un- tion and extension of human freedom in gen- derful warm-hearted human being as employment, was produced by government eral . . .’’ well, a man who openly challenged the mismanagement rather than by any inherent Mr. Speaker, I am pleased to pay tribute to underlying premises of stateism and of instability of the private economy.’’ Milton Friedman’s tireless efforts on behalf of socialism and of the authoritarian im- Friedman’s work showed that inflation is not human liberty, and I urge all my colleagues to pulses that we have often found in poli- a result of markets but is, as he memorably join me in supporting H. Res. 1089. tics. His critiques of government put it, ‘‘always and everywhere a monetary [From ANTIWAR.COM, Nov. 20, 2006] schooling, taxation policies, welfare phenomenon.’’ Friedman was the major origi- MILTON FRIEDMAN: A TRIBUTE state policies, Social Security, of agri- nator and theoretician of monetarism. Fried- ‘‘In the course of his [General Westmore- cultural subsidies and the rest, all of man recommended restricting the Federal Re- land’s] testimony, he made the statement these predicted long ago the problems serve’s authority to increasing the quantity of that he did not want to command an army of that we are having right now with money by a fixed yearly amount. While mercenaries. I [Milton Friedman] stopped him and said, ‘General, would you rather those very same policies; of what they monetarism is far from the ideal free-market command an army of slaves?’ He drew him- have brought upon our society, the monetary system, Milton Friedman deserves self up and said, ‘I don’t like to hear our pa- challenges, the tremendous challenges credit for focusing the attention of economists triotic volunteers referred to as merce- we face because we used those policies on the Federal Reserve’s responsibility for in- naries.’ But I went on to say, ‘If they are and that model as a solution to uplift- flation. mercenaries, then I, sir, am a mercenary pro- ing the well-being of our fellow Ameri- While he is mainly known for his contribu- fessor, and you, sir, are a mercenary general; cans. tions to economic theory and his advocacy of we are served by mercenary physicians, we Last week Milton Friedman’s voice free markets, Milton Friedman considered his use a mercenary lawyer, and we get our meat advocacy against the draft, cumulating in his from a mercenary butcher.’ That was the was silenced by death, but as long as last that we heard from the general about his writings are read and his ideas work as a member of President Nixon’s Com- mercenaries.’’—Milton and Rose Friedman, cherished, the principle of individual mission on an All-Volunteer Force, his major Two Lucky People, Chicago: University of personal economic liberty will remain policy achievement. Milton Friedman’s opposi- Chicago Press, 1998, p. 380. strong in the United States and around tion to the draft was in part based on eco- In May 1970, a few days after graduating the world. nomic principles, but was mainly motivated by from the University of Winnipeg with a And I would submit for the RECORD a his moral commitment to freedom. I ask unani- major in mathematics, I flew to Chicago to statement, an exchange, between Mil- mous consent to insert the attached article, look into getting a Ph.D. in economics at the ‘‘Milton Friedman: A Tribute,’’ by David R. University of Chicago. While there, I went to ton Friedman and General Westmore- visit Milton Friedman and he invited me land over the issue of a volunteer Army Henderson, which details Milton Friedman’s into his office. I had a sense that he had been and the draft. I would submit that for efforts against the draft, into the record. through this routine before—talking to an the RECORD as an example of the clear Unlike many free market economists who idealistic young person showing up and thinking and principles, I think, of Mil- downplay their opposition to government of wanting an autograph on his copy of Cap- ton Friedman. encroachments on personal liberty in order to italism and Freedom and, beyond that, simply wanting to meet and talk to him. But he In his testimony before the commission, appear ‘‘respectable,’’ Friedman never hesi- didn’t treat our meeting as routine; we had a Mr. Westmoreland said he did not want to tated to take controversial stands in favor of real talk for about 10 minutes. When I told command an army of mercenaries. Mr. liberty. Thus Friedman was one of the most him that I’d initially been attracted to lib- Friedman interrupted, ‘‘General, would you outspoken critics of the federal war on drugs ertarianism by reading Ayn Rand, he told me rather command an army of slaves?’’ Mr. and an early critic of government licensing of that while Rand was well worth reading, Westmoreland replied, ‘‘I don’t like to hear professionals. Friedman also never allowed there were many other people worth reading our patriotic draftees referred to as slaves.’’ fear of losing access to power stop him from too, and I shouldn’t get stuck on her. He also Mr. Friedman then retorted, ‘‘I don’t like to stated, ‘‘Make politics an avocation, not a hear our patriotic volunteers referred to as criticizing politicians who betrayed economic vocation.’’ Both were good pieces of advice. mercenaries. If they are mercenaries, then I, liberty. For example, his status as an advisor The advice didn’t stop there. I ended up sir, am a mercenary professor, and you, sir, to President Richard Nixon did not stop him getting my Ph.D. at UCLA and going to my are a mercenary general; we are served by from criticizing Nixon’s imposition of wage and first academic job as an assistant professor mercenary physicians, we use a mercenary price controls. at the University of Rochester’s Graduate lawyer, and we get our meat from a merce- Milton Friedman’s greatest contribution to School of Management. From then on, I nary butcher.’’ liberty may have been his work to educate the wrote Milton a couple of times a year and he Mr. PAUL. Mr. Speaker, I am pleased to public about free market economics. Milton always wrote back, sometimes writing in the support H. Res. 1089, a resolution honoring Friedman’s 1962 work Capitalism and Free- margins of my letter to comment on my

VerDate Aug 31 2005 01:32 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.061 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8797 questions and thoughts. When I con- ‘‘Now, when anybody starts talking about bying with members of the House and Sen- templated my first major career change— this [an all-volunteer force] he immediately ate.’’ (Milton Friedman, An Economist’s leaving academia to work at a think tank— shifts language. My army is ‘volunteer,’ your Protest, 2nd ed., Glen Ridge, N.J.: Thomas he advised me strongly against it (I didn’t army is ‘professional,’ and the enemy’s army Horton and Daughters, 1975, p. 188.) take this advice), referring to himself as my is ‘mercenary.’ All these three words mean And Friedman stuck around as an oppo- ‘‘Dutch uncle.’’ I had never heard the term exactly the same thing. I am a volunteer nent of the draft when the going got tough. before and didn’t bother to look it up until professor, I am a mercenary professor, and I In the late 1970s, high inflation caused a seri- writing this piece, but I understood what he am a professional professor. And all you peo- ous drop in real military pay and a con- meant from the context: a Dutch uncle is ple around here are mercenary professional sequent increase in difficulty meeting re- someone who gives you tough love, holding people. And I trust you realize that. It’s al- cruiting quotas. Of all the threats to bring you to high standards because of a benevo- ways a puzzle to me why people should think back the draft in the last 32 years, the threat lent regard for your well-being. that the term ‘mercenary’ somehow has a in 1979 to 1980 was the most serious. Sen. But here’s the bigger point: with his steady negative connotation. I remind you of that Sam Nunn (D–Ga.) held hearings with the and passionate work to end the military wonderful quotation of Adam Smith when he goal of building support for the draft and, at draft, Milton Friedman was the Dutch uncle said, ‘You do not owe your daily bread to the least, registration for a future draft. Hoover of every young man in the United States. Or benevolence of the baker, but to his proper economist Martin Anderson organized an im- even better, he was like a favorite uncle that regard for his own interest.’ And this is portant conference on the draft at the Hoo- they’d never even met. He cared more for much more broadly based. In fact, I think ver Institution in November 1979 and invited them than any president, any general, or any mercenary motives are among the least un- the top proponents and opponents of the defense secretary has ever cared. How so? Be- attractive that we have.’’ (p. 366) draft. (For the papers and transcript of the cause he wanted every young man to be free In the margin of my 35-year-old, dog-eared discussion, see Martin Anderson, ed., Reg- to choose whether to join the military or copy of the Sol Tax book containing this istration and the Draft: Proceedings of the not. Hoover-Rochester Conference on the All-Vol- Milton Friedman’s work against the draft passage, I wrote one word: ‘‘Wow!’’ This is rhetoric at its best, a tight argument pas- unteer Force, Stanford, California: Hoover began in December 1966, when he gave a pres- Institution Press, 1982.) Friedman was one of entation at a four-day conference at the Uni- sionately stated. When I read this at about age 18, just a year before meeting Friedman the attendees and, at the end, debated Con- versity of Chicago. Various prominent and gressman Pete McCloskey on the draft. It less-prominent academics, politicians, and in his office, I felt cared-for. Fortunately, being Canadian, I wasn’t vulnerable to the was actually the weakest performance I’ve activists had been invited. Papers had been ever seen by Friedman, but Friedman’s commissioned, and the authors gave sum- draft. But I had the thought that if I had grown up in United States, I would be so ‘‘weak’’ is still pretty good. maries, after which the discussion was open In 1980, in response to the threat from Sam thankful that here was this man, himself to all. Fortunately, the discussion was tran- Nunn, I wrote and circulated the following well beyond draft age and who could prob- scribed. The papers and discussions appear in ‘‘Economists’ Statement in Opposition to ably figure out how to get his son out of the a book edited by sociologist Sol Tax and ti- the Draft’’: tled The Draft: A Handbook of Facts and Al- draft, and yet who cared enough to be out in ‘‘We, the undersigned, oppose moves to- ternatives. The invitees included two young front on this issue. ward the reimposition of the draft. The draft Two of Friedman’s comments about this anti-draft congressmen, Robert Kastenmeier would be a more costly way of maintaining conference are worth noting. Writing some 30 (D–Wisc.) and Donald Rumsfeld (R–Ill.), and the military than an all-volunteer force. years later, Friedman noted that the 74 in- one pro-draft senator, Edward Kennedy (D- Those who claim that a draft costs less than vited participants ‘‘included essentially ev- Mass.). Also attending were pro-draft anthro- a volunteer military cite as a savings the eryone who had written or spoken at all ex- pologist Margaret Mead and anti-draft lower wages that the government can get economists Milton Friedman and Walter Oi. tensively on either side of the controversy away with paying draftees. But they leave Friedman gave the general economic and about the draft, as well as a number of stu- out the burden imposed on the draftees philosophical case for a voluntary military dents.’’ (Two Lucky People, p. 377.) Fried- themselves. Since a draft would force many in his presentation, ‘‘Why Not a Voluntary man’s other comment is also worth citing: young people to delay or forego entirely ‘‘I have attended many conferences. I have Army?’’ Friedman pointed out that the draft other activities valuable to them and to the never attended any other that had so dra- is a tax on young men. He stated: rest of society, the real cost of military man- matic an effect on the participants. A straw ‘‘When a young man is forced to serve at power would be substantially more than the poll taken at the outset of the conference re- $45 a week, including the cost of his keep, of wages draftees would be paid. Saying that a his uniforms, and his dependency allowances, corded two-thirds of the participants in favor draft would reduce the cost of the military is and there are many civilian opportunities of the draft; a similar poll at the end, two- like saying that the pyramids were cheap be- available to him at something like $100 a thirds opposed. I believe that this conference cause they were built with slave labor.’’ week, he is paying $55 a week in an implicit was the key event that started the ball roll- Friedman’s speed at signing made it much tax. . . . And if you were to add to those ing decisively toward ending the draft.’’ (p. easier, I’m sure, to get the signatures of al- taxes in kind, the costs imposed on univer- 378.) most 300 other prominent and not-so-promi- sities and colleges; of seating, housing, and Friedman didn’t stop there. He wrote a nent economists, including Kenneth entertaining young men who would other- number of articles in his tri-weekly column Boulding, Harold Demsetz, David Friedman, wise be doing productive work; if you were to in Newsweek making the case against the Alan Greenspan, Donald McCloskey, William add to that the costs imposed on industry by draft. Friedman was one of 15 people chosen Meckling, Allen H. Meltzer, James C. Miller the fact that they can only offer young men for Nixon’s Commission on the All-Volunteer III, William A. Niskanen, Mancur Olson, Sam who are in danger of being drafted stopgap Force. By his estimate, five started off being Peltzman, Murray Rothbard, Jeremy J. jobs, and cannot effectively invest money in against the draft, five in favor, and five on Siegel, Vernon Smith, Beryl W. Sprinkel, Je- training them; if you were to add to that the the fence. By the end, the Commission was rome Stein, and James L. Sweeney. costs imposed on individuals of a financial able to come out with a 14–0 consensus in The statement, with about 150 signatures, kind by their marrying earlier or having favor of ending the draft. Black leader Roy was published as a full-page ad in Liber- children at an earlier stage, and so on; if you Wilkins, in a Feb. 6, 1970 letter to Nixon, tarian Review, Inquiry, and The Progressive. were to add all these up, there is no doubt at stated he had been unable to attend many of Milton Friedman and I had our differences all in my mind that the cost of a volunteer the meetings due to a major illness and, about foreign policy. I tried, in vain, to per- force, correctly calculated, would be very therefore, could not support its specific rec- suade him to be against the first Gulf war. much smaller than the amount we are now ommendations; Wilkins did state, however, Even there, though, he publicly supported, in spending in manning our Armed Forces.’’ that he endorsed the idea of moving toward an interview with the San Francisco Chron- Reading through the whole Sol Tax vol- an all-volunteer armed force. (The Report of icle, my economic argument against the war. ume, with all the papers and transcripts of the President’s Commission on an All-Volun- He stated, ‘‘Henderson’s analysis is correct. the discussion, I had the sense that there was teer Armed Force, New York: Collier Books, There is no justification for intervention on a coalescing of views over the four days, as 1970; letter from Roy Wilkins.) grounds of oil’’ (Jonathan Marshall, ‘‘Econo- people from various parts of the ideological It was at one of these meetings that Fried- mists Say Iraq’s Threat to U.S. Oil Supply Is spectrum found that they had in common a man put Westmoreland on the spot with his Exaggerated,’’ San Francisco Chronicle, Oct. strong antipathy to the draft and found also comeback about slaves. Knowing that Fried- 29, 1990.) Friedman did oppose the second that the economists made a surprisingly man was persuasive and focused and also a Gulf war, as evidenced in an interview in the strong economic case. Both Friedman’s warm human being, I credit him with having Wall Street Journal, in which he called it, speech and his various comments at the con- swung at least a few of the Commission correctly, ‘‘aggression.’’ (Tunku ference still make compelling reading. One members in his direction. And although Varadarajan, ‘‘The Romance of Economics,’’ of his best rhetorical flourishes was his criti- Nixon took his sweet time acting on the rec- Wall Street Journal, July 22, 2006; page A10). cism of the charge that those who advocate ommendations, finally, at the start of his As far as I know, though, Friedman did not ending the draft are advocating a ‘‘merce- second term, he let the draft expire. oppose the second Gulf war publicly when it nary’’ army. You’ll recognize the same kind Friedman kibitzed in his Newsweek col- mattered most—that is, before the March of argument he used against Westmoreland umn, never letting up. He once wrote that 2003 invasion. But on the draft, Friedman in the lead quote of this article. Friedman the draft ‘‘is almost the only issue on which never wavered. For that, many young Amer- said: I have engaged in any extensive personal lob- ican men owe him a lot.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 9920 E:\CR\FM\A06DE7.056 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8798 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Two weeks ago, I attended a conference in come a successful rancher and busi- encourage my colleagues to join me in Guatemala at which it was announced that nessman in Oklahoma, and ultimately, support of S. 1820. Dewey F. Bartlett Friedman had had a bad fall and was in the it was his interest in improving the was a strong advocate for conservative hospital. The person who announced it, Bob State’s economy that led him to seek values, a war veteran and a public serv- Chitester, producer of the Friedmans’ 1980 television series, Free to Choose, handed out political office. ant for Oklahoma and the Nation. He buttons that read, ‘‘Have you thanked Mil- Bartlett was elected to the Oklahoma served as the second Republican Gov- ton Friedman today?’’ Thanks, Uncle Miltie. State Senate in 1962 and served as its ernor of Oklahoma and is a distinguished alumni of the United States Mr. LATOURETTE. Mr. Speaker, I Governor from 1967 to 1971. As Gov- have no additional speakers, and I ernor, Bartlett dedicated himself to Senate. He was a true representative of yield back the balance of my time. bringing more jobs to the citizens of Oklahoma values, leadership and drive, The SPEAKER pro tempore. The Oklahoma, and was a huge proponent and I am pleased that we are able to question is on the motion offered by of vocational-technical education to honor him in this way. After graduating from Princeton Uni- the gentleman from Ohio (Mr. give workers the skills they needed to versity in 1942, Dewey Bartlett served LATOURETTE) that the House suspend succeed. Two years later, in 1973, he be- in the Marine Corps as a combat dive the rules and agree to the resolution, came a United States Senator, a post that he maintained until 1979. bomber pilot during World War II. As a H. Res. 1089. result of his courageous efforts in the The question was taken; and (two- In all, Dewey Bartlett devoted over a decade of his life to public service. He South Pacific theater, he was awarded thirds of those voting having responded the Air Medal. After the war he moved in the affirmative) the rules were sus- was known for his strong work ethic and bipartisan approach to politics, as to Tulsa, Oklahoma, and became a pended and the resolution was agreed farmer, rancher and oilman. He was a to. well as for his commitment to fiscal responsibility and economic growth. partner in the Keener Oil Company, A motion to reconsider was laid on one of Oklahoma’s oldest, small inde- the table. After a 2-year battle with cancer, Mr. Speaker, Dewey Bartlett passed away pendent oil companies. f in the spring of 1979. In recognition of In 1963, he began his career in public DEWEY F. BARTLETT POST his outstanding service to his State service by joining the State Senate and OFFICE and this country, I urge all Members to then, in 1967, he became Oklahoma’s 19th Governor. One of his priorities Mr. LATOURETTE. Mr. Speaker, I join me in voting for S. 1820. while in office was increasing industry move to suspend the rules and pass the Mr. Speaker, I reserve the balance of in Oklahoma. As Governor the results Senate bill (S. 1820) to designate the fa- my time. of his hard work helped to produce a cility of the United States Postal Serv- Mr. DAVIS of Illinois. Mr. Speaker, I record $148.4 million in new industries ice located at 6110 East 51st Place in yield myself such time as I might con- or improvements in existing facilities Tulsa, Oklahoma, as the ‘‘Dewey F. sume. and created 7,500 jobs for Oklahomans. Bartlett Post Office’’. Mr. Speaker, as a member of the Gov- ernment Reform Committee, I am From 1972 to 1978, Bartlett served as The Clerk read as follows: a Member of the United States Senate. S. 1820 pleased to join my colleague in consideration of S. 1820, a bill to designate During his tenure, this proud Oklaho- Be it enacted by the Senate and House of Rep- man maintained a strong consistent resentatives of the United States of America in the facility of the United States Postal Service located at 6110 East 51st Place stance on limited government bureauc- Congress assembled, racy, reducing burdensome taxes and SECTION 1. DEWEY F. BARTLETT POST OFFICE. in Tulsa, Oklahoma as the Dewey F. Bartlett Post Office. S. 1820, sponsored maintaining fiscal responsibility. I am (a) DESIGNATION.—The facility of the proud to share Dewey Bartlett’s vision United States Postal Service located at 6110 by Senator JAMES INHOFE, passed the East 51st Place in Tulsa, Oklahoma, shall be Senate by unanimous consent on of conservatism and work daily toward known and designated as the ‘‘Dewey F. March 3, 2006. the goal of promoting commonsense Bartlett Post Office’’. Dewey Bartlett was born in Marietta, Oklahoma values in Congress. By designating the Dewey F. Bartlett (b) REFERENCES.—Any reference in a law, Ohio. During World War II he served in map, regulation, document, paper, or other Post Office in Tulsa, we are commemo- the United States Marine Corps as a record of the United States to the facility re- rating an exceptional person who em- dive bomber pilot in the South Pacific. ferred to in subsection (a) shall be deemed to bodied the spirit of Oklahoma. After the war, Mr. Bartlett moved to be a reference to the ‘‘Dewey F. Bartlett Mr. LATOURETTE. Mr. Speaker, I Post Office’’. Oklahoma, working as a farmer, ranch- yield back the balance of our time. The SPEAKER pro tempore. Pursu- er and independent oil producer. The SPEAKER pro tempore. The ant to the rule, the gentleman from Mr. Bartlett was elected to the State question is on the motion offered by Ohio (Mr. LATOURETTE) and the gen- senate in 1962. Four years later he ran the gentleman from Ohio (Mr. tleman from Illinois (Mr. DAVIS) each for Governor. As Governor, he was rec- LATOURETTE) that the House suspend will control 20 minutes. ognized for his efforts in economic de- the rules and pass the Senate bill, S. The Chair recognizes the gentleman velopment. 1820. from Ohio. In 1972 Governor Bartlett was elected The question was taken; and (two- to the U.S. Senate, where he served f thirds of those voting having responded from 1973 to 1979. Sadly, he passed away GENERAL LEAVE in the affirmative) the rules were sus- in Tulsa, Oklahoma on March 1, 1979. pended and the Senate bill was passed. Mr. LATOURETTE. Mr. Speaker, I I urge swift passage of this bill. A motion to reconsider was laid on ask unanimous consent that all Mem- Mr. Speaker, I have no further speak- the table. bers may have 5 legislative days within ers at this time, and I yield back the f which to revise and extend their re- balance of my time. marks and include extraneous mate- HONORING THE CONTRIBUTIONS rials on the bill under consideration. b 1345 AND LIFE OF EDWARD R. BRAD- The SPEAKER pro tempore. Is there Mr. LATOURETTE. Mr. Speaker, at LEY objection to the request of the gen- this time it is my pleasure to yield 4 Mr. LATOURETTE. Mr. Speaker, I tleman from Ohio? minutes to the gentleman from Okla- move to suspend the rules and agree to There was no objection. homa (Mr. SULLIVAN). the resolution (H. Res. 1084) to honor Mr. LATOURETTE. Mr. Speaker, I Mr. SULLIVAN. Mr. Speaker, I rise the contributions and life of Edward R. yield myself such time as I might con- today in proud support of S. 1820, which Bradley, as amended. sume. will designate the 6110 East 51st Place The Clerk read as follows: Mr. Speaker, a graduate of Princeton post office in Tulsa, Oklahoma, as the H. RES. 1084 University, Dewey Bartlett began his Dewey F. Bartlett Post Office. Whereas Edward R. Bradley was born on post-collegiate life as a marine combat I was pleased to introduce the com- June 22, 1941, in Philadelphia, Pennsylvania; pilot in the South Pacific during the panion legislation, H.R. 4051, which Whereas he graduated in 1964 with a degree Second World War. He went on to be- passed the House in March, and I again in education from Cheyney State College;

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.060 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8799 Whereas he taught during the day at Wil- Known best for his investigative re- time paid position with WDAS. Bradley liam B. Mann Elementary in Philadelphia ports on the CBS news program 60 Min- was hired in 1967 as a reporter for and spent his evenings working at local radio utes, Ed Bradley won 19 Emmy Awards WCBS radio in New York. In 1968 he station WDAS for free; throughout his journalism career, in- was the only African American on air Whereas in 1965, when riots broke out in Philadelphia, Ed Bradley, lacking recording cluding one for lifetime achievement in at CBS, or at any New York news radio equipment, covered the riots from a neigh- 2003. Just one year after graduating station. borhood pay phone; from college, he reported on the Phila- Ed Bradley joined CBS News in 1971 Whereas Ed Bradley’s coverage of the delphia riots and earned a position as a stringer in its Paris bureau, cov- Philadelphia riots earned him a full-time with a local radio station. He became a ering the Paris peace talks, and re- paid position with WDAS; reporter for CBS News in 1971, where he mained with CBS News for 35 years. He Whereas Ed Bradley was hired in 1967 as a remained for 35 years and took on was transferred in 1972 to CBS Saigon reporter for WCBS radio in New York; projects that were challenging and of- bureau to cover the Vietnam War and, Whereas in 1968 he was the only African American on air at WCBS, or at any New tentimes a call for action. while covering the war in Cambodia, York City radio station; His June 2000 report, ‘‘Death by De- was injured by a mortar round. Whereas he joined CBS News in 1971 as a nial,’’ for example, helped expose the Ed Bradley covered Jimmy Carter’s stringer in its Paris bureau, covering the AIDS crisis in Africa and convinced the campaign in 1976, served as a CBS News Paris Peace talks, and remained with CBS pharmaceutical industry to donate floor correspondent for coverage of the News for 35 years; medicine to the region. His report the Democratic and Republican National Whereas he was transferred in 1972 to CBS previous year, called ‘‘Unsafe Haven,’’ Conventions, which he covered and re- Saigon bureau to cover the Vietnam War and prompted Federal investigations into ported very fairly. Bradley became the while covering the War in Cambodia was in- first African American White House jured by a mortar round; America’s psychiatric hospitals. Whereas he covered Jimmy Carter’s cam- In addition to his many professional correspondent for CBS from 1976 to paign in 1976 and served as a CBS news floor accomplishments, Ed Bradley is re- 1978. In 1981, Bradley joined 60 Minutes correspondent for coverage of the Demo- membered by his friends for leading a as an on-air correspondent and re- cratic and Republican National Conventions; personal life of balance, virtue and mained with 60 Minutes for 26 years. Whereas he became the first African Amer- humor. He loved to jump on stage with In 2000, Bradley was the only tele- ican White House correspondent for CBS his good buddy and friend, Jimmy vision journalist granted an interview news from 1976 to 1978; Buffett, who nicknamed Bradley with condemned Oklahoma City bomb- Whereas in 1981 Ed Bradley joined 60 Min- ‘‘Teddy Bear’’ and referred to him as a er Timothy McVeigh, which earned utes as an on-air correspondent and remained with 60 Minutes for 26 years; great journalist who still knew how to him another Emmy Award. Whereas in 2000, Ed Bradley was the only have a good time. Bradley received numerous awards of television journalist granted an interview In November of this year, after a long distinction for his in-depth reporting with condemned Oklahoma City Bomber, and private struggle with leukemia, Ed and coverage, including 20 Emmy Timothy McVeigh, which earned him an Bradley passed away. He leaves behind Awards, Lew Klein Excellence in the Emmy award; him a legacy of journalistic talent and Media Award, 2006; Paul White Award, Whereas Ed Bradley received numerous achievements, as well as a personal 2000; Damon Runyon Award, 2003; Rob- awards of distinction for his in-depth report- story of courage and determination. ert F. Kennedy Journalism Award, 1995; ing and coverage, including 20 Emmy awards, Lew Klein Excellence in the Media Award I urge my Members to join me today and Lifetime Achievement Award from (2006), Paul White Award (2000), Damon Run- in supporting H. Res. 1084, as amended. the National Association of Black yon Award (2003), Robert F. Kennedy Jour- Mr. Speaker, I reserve the balance of Journalists in 2005. nalism Award (1995), and a Lifetime Achieve- my time. In addition to valuable contributions ment Award from the National Association Mr. DAVIS of Illinois. Mr. Speaker, to journalism, Bradley’s reporting also of Black Journalists (2005); and it is my pleasure to yield as much time spurred social activism, but also Whereas in addition to invaluable con- as he might consume to the sponsor of spurred change with his reporting on tributions to journalism, Ed Bradley’s re- this resolution, the gentleman from AIDS in Africa, ‘‘Death by Denial,’’ porting also spurred social activism and Pennsylvania (Mr. BRADY). which helped influence drug companies change with his report on AIDS in Africa, Mr. BRADY of Pennsylvania. Mr. ‘‘Death by Denial,’’ which helped influence into discounting and donating AIDS the pharmaceutical industry into dis- Speaker, I thank the chairman of the drugs to Africa. counting and donating AIDS drugs to Africa: committee and the ranking member for He is survived by his wife, Patricia Now, therefore, be it allowing me to speak and also for Blanchet. He will surely be missed in Resolved, That the House of Representa- bringing this bill up so quickly. the City of Philadelphia, and we in the tives— Edward Rudolph Bradley was born on City of Philadelphia are extremely (1) recognizes and honors the contributions June 22, 1941, in West Philadelphia, proud and honored to call him one of of Edward R. Bradley as an award winning about 8 blocks from my house. He at- American journalist; and our own. (2) expresses its deepest condolences upon tended my alma mater, St. Thomas Mr. DAVIS of Illinois. Mr. Speaker, his death to his wife, Patricia Blanchet, sur- More High School. He graduated about it is my pleasure to yield 4 minutes to viving family members, and friends. 3 years ahead of me. I knew him per- the gentlewoman from the District of The SPEAKER pro tempore. Pursu- sonally, saw him in school, and he al- Columbia (Ms. NORTON). ant to the rule, the gentleman from ways was a gentleman and someone Ms. NORTON. I thank the gentleman Ohio (Mr. LATOURETTE) and the gen- who always helped anyone who needed for yielding. I thank my good friends tleman from Illinois (Mr. DAVIS) each any help in any manner. With him on both sides for bringing this resolu- will control 20 minutes. being a senior and me being a fresh- tion forward before the 109th Congress The Chair recognizes the gentleman man, I needed a lot of help, and he al- ends. from Ohio. ways took the time to do that. Mr. Speaker, Ed Bradley was much GENERAL LEAVE He taught at William B. Mann Ele- honored by his peers, the best honor al- Mr. LATOURETTE. Mr. Speaker, I mentary in Philadelphia and spent his ways to receive, from those who judge ask unanimous consent that all Mem- evenings working at a local Philadel- harshest and judge best. It is very ap- bers may have 5 legislative days within phia radio station, WDAS, for free. In propriate that Ed Bradley would be which to revise and extend their re- 1965, when riots broke out in Philadel- honored here in the halls of the Con- marks and include extraneous material phia and Philadelphia was in a major gress of the United States. on the resolution under consideration. turmoil, Bradley, lacking recording Perhaps he was destined to be hon- The SPEAKER pro tempore. Is there equipment, covered the riots from a ored in any case, because he was a pio- objection to the request of the gen- nearby pay phone and did an excellent neer, a first of his kind. We are still in tleman from Ohio? job reporting back and also trying to an era when the first blacks are coming There was no objection. soothe the problems we were having forward and we honor them simply for Mr. LATOURETTE. Mr. Speaker, I there. piercing the iron veil of race, but we yield myself as much time as I might Bradley’s coverage of the North honor Ed Bradley in this Chamber consume. Philadelphia riots earned him a full- today as a leader of his profession.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.030 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8800 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Indeed, we honor Ed Bradley because news magazine 60 Minutes, and his Throughout his career, Ed took interest in he became, in his profession, an ad- many interviews with world figures, ce- the role of African-Americans in journalism mired American figure. That is very lebrities and cultural icons. and politics. He always found time to talk to hard to do in the field of journalism The men and the women who sat in minority youth and helped inspire new genera- today. Journalism is almost down the chair across from Bradley doing his tions to enter both of these professions. When there with Members of Congress, but 60 Minutes interviews were figures of we last spoke, he expressed interest in the there are journalists who are univer- importance, people to whom we should work of the Congressional Black Caucus. sally admired, and Ed Bradley was one pay attention, and we could rely on Ed Bradley was only 65. He had so much of those journalists. Bradley to make sure that no skeleton left to give, but let us not forget his story, his He was in, perhaps, the most difficult in the darkest corner of his subject’s commitment to enriching American lives, and aspect of journalism, at least that for closet was safe from the tenacious his belief in a better world. which he became best known, inves- journalists. Mr. DAVIS of Illinois. Mr. Speaker, I tigative journalism, and, indeed, he Bradley got his break by covering the yield back the balance of my time. was part of the premier investigative 1965 riots while working part-time for Mr. LATOURETTE. Mr. Speaker, I journalism program, 60 Minutes. free at a Philadelphia radio station. have no further requests for time, and What Ed Bradley did is really dif- His talent did not go unnoticed for I yield back the balance of my time. ficult to do. You have got to be fair, long. Bradley caught the ear of New The SPEAKER pro tempore. The but you have got to ask very hard, un- York, and CBS radio hired him in 1967. question is on the motion offered by comfortable questions. Somehow he He became the lone African American the gentleman from Ohio (Mr. was able to do that without having to report the news on the airways in LATOURETTE) that the House suspend people dislike him, and without having New York. the rules and agree to the resolution, the television audience believe he had Bradley went on to work in inter- H. Res. 1084, as amended. overreached. Here is a man who began national television news in 1971. He The question was taken; and (two- as an elementary school teacher and worked for CBS news in Paris, Vietnam thirds of those voting having responded went to the top of the journalism pro- and Cambodia, where he proved himself in the affirmative) the rules were sus- fession at a time when blacks were not as the quintessential journalist in pended and the resolution, as amended, supposed to be in the journalism pro- sometimes dangerous situations. was agreed to. fession at all. b 1400 A motion to reconsider was laid on Bradley excelled in his profession in During his coverage of the Vietnam the table. ways that you have just heard from the War, Bradley was injured by shrapnel f sponsor of this resolution, 20 Emmys from a mortar shell, a true testament SENSE OF CONGRESS THAT PRESI- and all the rest. I also want to say that to his devotion to getting a story. DENT SHOULD POSTHUMOUSLY here is a man who had many friends Bradley began working on the 60 Min- AWARD PRESIDENTIAL MEDAL who loved him despite his fame and for- utes news show in 1981, and he re- OF FREEDOM TO LEROY ROBERT tune. Would that Members of Congress mained there until his death last ‘‘SATCHEL’’ PAIGE could be loved in spite of their profes- month from leukemia. Mr. LATOURETTE. Mr. Speaker, I sion, not because of it. Two of those I had the opportunity to be sitting move to suspend the rules and concur who loved him most, are also dear close to the mayor of the City of Chi- in the Senate concurrent resolution (S. friends of mine, Charlayne and Ron cago at the Democratic Convention Con. Res. 91) expressing the sense of Gault. Charlayne Gault is the func- when he and Ed Bradley got into a seri- Congress that the President should tional equivalent of Ed Bradley in jour- ous exchange, one that everybody in posthumously award the Presidential nalism as a woman who entered this our city always remembers. field at a time when there were very A tenacious style and hard-hitting Medal of Freedom to Leroy Robert few blacks at the New York Times and coverage earned Bradley many acco- ‘‘Satchel’’ Paige. in television. lades and awards over the years. He The Clerk read as follows: Some of us may have seen the memo- won 19 Emmys and countless other S. CON. RES. 91 rial service to Ed Bradley that was awards by bringing us some of the most Whereas Satchel Paige, who was born on televised. It was a real testament to memorable television news moments July 7, 1906, in Mobile, Alabama, lived a life the fact that Ed Bradley loved life. All over the past 25 years. Whether he was that was marked by his outstanding con- of us workaholics here in the Congress tributions to the game of baseball; standing on the floor of a Presidential Whereas Satchel Paige was a dominating who are about to go home need to have convention, sitting across the table pitcher whose baseball career spanned sev- looked at that memorial service, be- from a world leader, teaching us about eral decades, from 1927 to 1965; cause Ed was remembered as much for the AIDS epidemic from a remote re- Whereas Satchel Paige played in the Negro his love of jazz, a jazz aficionado, as he gion of Africa, reporting about war and Leagues and became famous for his unusual was for his extraordinary reputation as humanitarian crises in Vietnam or pitching style and his ability to strike out a journalist. Cambodia, or calling from a public almost any player he faced; Now, most of us are likely not to be phone booth in Philadelphia to report Whereas Satchel Paige pitched 62 consecutive scoreless innings in 1933; remembered for being in Congress at on the 1965 riots, Bradley was a wel- all, but the notion of being remem- Whereas due to the practice of segregation come guest in our homes and hearts for in baseball, Satchel Paige was prohibited for bered for loving life and living life and almost 40 years. many years from playing baseball at the yet going to the top of your profession, I again express my strong support for major league level; there is no better life than that. Thus, this resolution that honors Ed Bradley. Whereas Satchel Paige played for many it is with great pride that I rise to Ms. LEE. Mr. Speaker, For nearly forty Negro League teams, including— thank the sponsors of this resolution years, Ed Bradley dedicated his life to jour- (1) the Chattanooga Black Lookouts; for honoring a man who did honor to nalism and uncovered some of history’s great- (2) the Birmingham Black Barons; (3) the Nashville Elite Giants; his profession. We give honor to his est stories. His legacy, his life’s work, is a (4) the Mobile Tigers; family by reminding them that he is story for all of us to admire. (5) the Pittsburgh Crawfords; and still remembered and will not be for- Ed was a man of journalistic integrity, he not (6) the Kansas City Monarchs; gotten in his profession and in the life only set a high standard for his fellow journal- Whereas while pitching for the Kansas City of our country. ists; he also helped to break down barriers in Monarchs, Satchel Paige won 4 consecutive Mr. DAVIS of Illinois. Mr. Speaker, I a field that traditionally has not reflected the league pennants from 1939 to 1942, and later yield myself such time as I might con- true diversity of our Nation. won a 5th pennant in 1946 with that team; sume to conclude for our side. For most of his life, Ed sought the truth in Whereas after the desegregation of base- I rise today in strong support of ball, Satchel Paige signed a contract to pitch matters that affected the American public. for the Cleveland Indians at age 42, and soon House Resolution 1084, as amended, a From his initial coverage of the Vietnam War thereafter became the oldest rookie ever to resolution that honors the life of Ed to his award-winning report on AIDS, his con- play baseball at the major league level; Bradley. Most of us know Ed Bradley tribution to history will not go unnoticed or for- Whereas the extraordinary pitching of from his 25 years of work on the CBS gotten. Satchel Paige helped the Cleveland Indians

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.068 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8801 complete a championship season in 1948, as time and he was the oldest rookie in A motion to reconsider was laid on the team won the American League Cham- the Major Leagues. The Indians won the table. pionship and the World Series; the American League championship f Whereas Satchel Paige threw an estimated and the World Series that year, thanks 300 career shutouts; HONORING THE MEMORY OF Whereas in 1971, Satchel Paige became the in no small part to his pitching talent. first Negro League player to be inducted into I would add as an addendum, Mr. ARNOLD ‘‘RED’’ AUERBACH the Major League Baseball Hall of Fame; Speaker, being from Cleveland, Ohio, Mr. LATOURETTE. Mr. Speaker, I Whereas the legendary pitching of Satchel that is the last time that the Cleveland move to suspend the rules and agree to Paige earned him numerous awards and ac- Indians have won the World Series. the concurrent resolution (H. Con. Res. In total, Satchel Paige threw close to colades, including— 497) to honor the memory of Arnold (1) a nomination to the All Century Team 300 career shutouts, and in 1971 he was ‘‘Red’’ Auerbach. by Major League Baseball as 1 of the great- the first Negro League player inducted The Clerk read as follows: est players of the 20th century; and into the Major League Baseball Hall of (2) a selection to the 50 Legends of Baseball Fame. H. CON. RES. 497 by the Postal Service; Whereas Arnold ‘‘Red’’ Auerbach was born Whereas despite years of discrimination He is remembered by his family and friends not just as a baseball player on September 20, 1917, in Brooklyn, New that limited the play of Satchel Paige to the York, the son of immigrants from Minsk, Negro Leagues, his prowess on the pitching who made history, but as a man who was full of warmth, full of energy and Russia; mound earned him the respect and admira- Whereas Red started playing basketball as tion of fans and players throughout the quick to make people laugh. Satchel a public school student in Brooklyn and world of baseball; Paige’s contributions to the sport of later became a star guard for Eastern Dis- Whereas Satchel Paige passed away on baseball and United States culture are trict High School, making all-scholastic sec- June 8, 1982; and undoubtedly exceptional, and I am ond team in his senior year; Whereas the Presidential Medal of Free- happy to support this resolution. Whereas Red started his coaching career at dom, the highest civilian honor in the United Mr. Speaker, I reserve the balance of St. Albans Prep School and Roosevelt High States, was established in 1945 to recognize School in Washington, D.C., before serving in citizens of the United States who have made my time. Mr. DAVIS of Illinois. Mr. Speaker, I the United States Navy from 1943 to 1946; exceptional contributions to— Whereas, in 1946, Red began his profes- (1) the security or national interests of the yield myself such time as I may consume. sional coaching career with the Washington United States; Capitols in the Basketball Association of (2) world peace; Mr. Speaker, it is believed that Leroy America (BAA) and led the team to the 1947 (3) the culture of the United States or the ‘‘Satchel’’ Paige was born on July 7, and 1949 division titles, joining the Boston world; or 1905. In 1965, 60 years after Page’s esti- (4) the citizens of the United States or the Celtics as coach in 1950 after the BAA world: Now, therefore, be it mated birth, he took the mound for the merged with the National Basketball Asso- Resolved by the Senate (the House of Rep- last time and threw three shutout in- ciation (NBA); resentatives concurring), That it is the sense nings for the Kansas City Athletics. Whereas Red’s record of success on the bas- of Congress that the President should award Paige’s pitching was amazing and his ketball court and in the Celtics’ front office the Presidential Medal of Freedom post- showboating was legendary. Joe is unmatched; humously to Leroy ‘‘Satchel’’ Paige in honor DiMaggio called Paige ‘‘the best and Whereas during Red’s leadership of the Boston Celtics, the team won 16 NBA cham- of his distinguished baseball career and the fastest pitcher I have ever faced.’’ His contributions that he has made to the im- pionships, including 9 championships, with a career highlights spanned five decades. record 8 in a row, during Red’s tenure as provement of the society of the United Pronounced the greatest pitcher in the States and the world. coach; history of the Negro Leagues, Paige Whereas when Red retired from coaching The SPEAKER pro tempore. Pursu- compiled such feats as 64 consecutive in 1966 to become general manager of the ant to the rule, the gentleman from scoreless innings, a stretch of 21 Celtics, he was the winningest coach in NBA Ohio (Mr. LATOURETTE) and the gen- straight wins, and a 31–4 record in 1933. history with 1,037 victories and had won al- tleman from Illinois (Mr. DAVIS) each For 22 years, Paige mauled the com- most two-thirds of the games he had coached over a 20-year NBA coaching career; will control 20 minutes. petition in front of sellout crowds. His The Chair recognizes the gentleman Whereas during his nearly 57-year tenure goal was to pitch in the Major Leagues. from Ohio. with the Celtics as Head Coach, General In 1948, Paige’s dream came true. The Manager, Vice Chairman of the Board, and GENERAL LEAVE Cleveland Indians were in need of extra President, Red was the architect of one of Mr. LATOURETTE. Mr. Speaker, I pitching for the pennant race. Paige the greatest dynasties in the history of pro- ask unanimous consent that all Mem- stepped to the mound and helped the fessional sports; bers may have 5 legislative days within Indians win. He also played for St. Whereas Red infused the Celtics organiza- which to revise and extend their re- Louis and Kansas City. tion with the values of teamwork, respect, marks and include extraneous material When Paige’s Major League career tenacity, and loyalty, creating a culture on the resolution under consideration. was completed, he compiled a modest known as ‘‘Celtic Pride’’ that will be forever associated with the Boston Celtics franchise; The SPEAKER pro tempore. Is there 28–31 record with a 3.29 earned run av- objection to the request of the gen- Whereas Red’s imprint on the Celtics, the erage. He also served as a coach for the NBA, and the game of basketball is perma- tleman from Ohio? Atlanta Braves in 1968. In 1971, Paige nent and visible today in innovations that There was no objection. was given the ultimate honor. He was Red developed, including the ‘‘sixth man’’ Mr. LATOURETTE. Mr. Speaker, I elected to join the very best in baseball role and fast break style of play; yield myself such time as I may con- history by being elected to the Hall of Whereas Red was an effective and tireless sume. Fame. ambassador for the game of basketball, both Mr. Speaker, Satchel Paige began Mr. Speaker, I am honored to support in the United States and overseas, con- playing baseball at a time when seg- S. Con. Res. 91. ducting clinics, barnstorming with the Celt- ics, starring in the successful television se- regation prevented African American Mr. Speaker, I yield back the balance players from participating at the Major ries ‘‘Red on Roundball’’, writing 7 books on of my time. basketball, including the influential ‘‘Bas- League level. He was a powerhouse Mr. LATOURETTE. Mr. Speaker, I ketball For The Player, The Coach, and The pitcher for what was called the Negro yield back the balance of my time. Fan’’, and participating with Celtic great League, and in 1933 pitched 62 consecu- The SPEAKER pro tempore. The and Hall of Famer Larry Bird in the instruc- tive scoreless innings for his team. question is on the motion offered by tional video, ‘‘Winning Basketball’’; With his animated personality, he was the gentleman from Ohio (Mr. Whereas Red received numerous awards the main attraction at games and fans LATOURETTE) that the House suspend and honors in recognition of his extraor- marveled at the famous pitches he cre- the rules and concur in the Senate con- dinary achievements, such as selection as atively coined with names like ‘‘bat current resolution, S. Con. Res. 91. the NBA Coach of the Year in 1965, induction The question was taken; and (two- into the Naismith Memorial Basketball Hall dodger’’ and ‘‘the hesitation pitch.’’ of Fame in 1969, designation as the NBA ‘‘Ex- In July of 1948, after segregation in thirds of those voting having responded ecutive of the Year’’ in 1980, and selection as baseball had ended, Satchel Paige in the affirmative) the rules were sus- ‘‘The Greatest Coach in the History of the signed a contract with the Cleveland pended and the Senate concurrent reso- NBA’’ by the Professional Basketball Writ- Indians. He was 42 years old at the lution was concurred in. ers’ Association of America in 1980;

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.023 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8802 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Whereas Red’s lighting of his cigar in the Red Auerbach will also be remem- tleman from Massachusetts (Mr. MAR- closing moments of an imminent Celtics’ bered for his lively personality on and KEY), the cosponsor of this resolution victory became an enduring symbol of suc- off the court. His passion for the game with me. cess in Boston and around the world; was second to none, and Celtic fans Mr. MARKEY. Mr. Speaker, I thank Whereas Red’s legacy extends beyond the game of basketball and includes his impor- awaited with anticipation for him to the gentlewoman, and I thank the tant contributions to the advancement of a ceremoniously light his cigar on the Members of the House for allowing us colorblind society through his decision to sidelines, a signal to everyone that the to have these few minutes on the floor draft the NBA’s first African-American play- game belonged to his team. of the House of Representatives to er, Chuck Cooper, in 1950, hire the first Afri- Coaches with the talent and spark honor, to recognize one of the greatest can-American head coach in professional like Red Auerbach are indeed rare. In Americans of the 20th century, one of sports, Bill Russell, in 1966, and field the honor of all he did for the game of bas- the greatest basketball coaches of all first starting lineup in the NBA consisting ketball and professional sports as a time, but also a man who was a pioneer entirely of African-American players in 1964; whole, I urge all Members to join me in and in race relations. supporting this resolution. In 1950, he was the first person to Whereas the name ‘‘Red Auerbach’’ will Mr. Speaker, I reserve the balance of forever be synonymous with winning, inten- draft in the NBA an African American. sity, integrity, and charitable causes: Now, my time. In 1966, he named Bill Russell as the therefore, be it Ms. NORTON. Mr. Speaker, I yield coach of the Boston Celtics, the first Resolved by the House of Representatives (the myself such time as I may consume. African American coach of any major Mr. Speaker, I rise today in support Senate concurring), That it is the sense of sport in the United States. In 1965, he Congress that— of the resolution that recognizes the won the NBA title playing five African (1) Arnold ‘‘Red’’ Auerbach was a basket- achievements and the life of famed bas- American starters on an NBA team. No ball genius who embodied the values of cre- ketball coach, Arnold ‘‘Red’’ Auerbach. one had ever done that before, because ativity, determination, versatility, and com- Auerbach was both a player and a he was blind to race. mitment to helping the less fortunate; coach during his career in collegiate (2) Red Auerbach was a leader in the effort I know this, because in 1959 when I and professional basketball, but we all to remove racial barriers and allow merit to was 13 years old, Red Auerbach decided best remember Red as the cigar-chew- prevail in professional sports, through his that he was going to have four teams ing coach of the Boston Celtics. decisions to draft, hire, and prominently fea- that would alternate playing a game at ture African-Americans on the Boston Celt- As coach of the Celtics, Auerbach led ics basketball team; and his team to ten Eastern Division titles Boston Garden right before the Boston (3) Red Auerbach’s place among the great- in 16 years and nine National Basket- Celtic game at 1 o’clock. He had a est coaches and executives of all time is as- ball Association titles overall. His YMHA team, Young Men’s Hebrew As- sured, his contributions to the betterment of most astonishing achievement of his sociation; a Chinese American team; an society will always endure, and his life ex- 17-year career as coach of the Celtics African American team from Roxbury; emplifies the very best ideals of the United and he had a CYO team, a Catholic States. was winning eight straight NBA titles, a feat unmatched before or since. Youth Organization team, and I was on The SPEAKER pro tempore. Pursu- Red coached the Celtics from 1959 to that team. I was one of the 10 boys on ant to the rule, the gentleman from 1966, but he did not stray far from the that Catholic team. And we played al- Ohio (Mr. LATOURETTE) and the gentle- team when his coaching days ended. He ternating Sundays right before the woman from the District of Columbia moved from the court to the front of- Celtics game, in uniform with all the (Ms. NORTON) each will control 20 min- fice and was an executive with the fans coming in; Chinese, African Amer- utes. franchise until 1980. Auerbach will al- ican, Jewish, white, in Boston, in 1959. The Chair recognizes the gentleman ways be remembered as the coach of Red Auerbach was a very special from Ohio. one of the most famous basketball dy- man, because he was dedicated to being GENERAL LEAVE nasties in history. He will always be re- color-blind. He was dedicated to excel- Mr. LATOURETTE. Mr. Speaker, I garded by many as the best NBA coach lence, regardless of where the talent ask unanimous consent that all Mem- of all time. came from. It was a message that all of bers may have 5 legislative days within The picture of Red Auerbach that us in Boston saw and heard, and to a which to revise and extend their re- most of us carry in our minds is the very large extent this new African marks and include extraneous material image of him lighting up a cigar on the American Governor, this great new on the concurrent resolution under sidelines after his Celtics had won an- Governor that we have in Massachu- consideration. setts, Deval Patrick, he is a political The SPEAKER pro tempore. Is there other game, but there are a few lesser godchild not only of Bobby Kennedy objection to the request of the gen- known facts about Auerbach that mean tleman from Ohio? a great deal to me and to all African and John F. Kennedy and Martin Lu- There was no objection. Americans. ther King, but also in Boston, in Mas- Mr. LATOURETTE. Mr. Speaker, I Red’s great vision led him to draft sachusetts, of Red Auerbach and the yield myself such time as I may con- the first African American basketball message he was sending through Bill sume. player in NBA history, he was the first Russell, through these other players a Mr. Speaker, few coaches or man- coach to start an all African American generation ago, to all of us in our agers in the history of sports, let alone lineup in the NBA, and Auerbach was State. So we are so, so proud of him. basketball, are as legendary as Arnold the first executive to hire an African b 1415 ‘‘Red’’ Auerbach. His career with the American to coach a professional bas- Boston Celtics began in 1950, and right ketball team. Red changed the way He always knew that a team could be away he began setting new records and professionals play the game of basket- bigger than the sum of its parts if they benchmarks. ball, and these achievements helped to all worked together. That was his mes- The Celtics won nine NBA champion- change the face of basketball as well. sage. That was something that made ships in 10 seasons under his watch as On October 28, the basketball world him the most successful basketball coach, and Auerbach’s draft of an Afri- lost a great coach, and the rest of us coach in the history of basketball. It can American was a first for the NBA. lost a great American citizen. Al- was that notion of teamwork. He continued to break down racial bar- though we mourn his loss and will miss After each victory, he pulled out a riers in sports as the first coach in the his presence at NBA events, we cannot cigar, and I know that it is in violation NBA to start with a lineup of all black help but see his influence on the game of House rules to smoke, although in players, and the first executive in the of basketball, wherever it is played. I the State of Massachusetts, in all pub- history of all professional sports to ap- ask for the adoption of this resolution. lic places, it is illegal to smoke, except point a black coach. Mr. Speaker, I reserve the balance of written into the law Red Auerbach, be- He revolutionized the way basketball my time. cause he had a special exception, and was played, focusing entirely on the Mr. LATOURETTE. Mr. Speaker, I out here on the House floor today, to team rather than on individuals, and reserve the balance of my time. Red I say that you were the ultimate he created an arsenal of tactics that Ms. NORTON. Mr. Speaker, I am winner, that you were someone who had never been used before. pleased to yield 3 minutes to the gen- not only won on the court but you won

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.032 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8803 in life and you sent that message to all verse group of journalists, athletes, doctors, did, and of course he found the right of us. We thank you for your example. coaches, and other friends he had made over man and the right time in Bill Russell. I thank the gentlewoman from the the years. Watching Red, it was clear that he As recently as 1964, Red started the District of Columbia for recognizing was a natural leader—he would have made a first all African American lineup of me. great Speaker of the House in his day. players. I think there was some reluc- Mr. Speaker, I rise in strong support of this Red’s place among the greatest coaches tance to do that by some. Regardless of resolution to honor ‘‘Red’’ Auerbach, the leg- and executives of all time is assured, his con- what it might have done for the game endary basketball coach and executive of the tributions to the betterment of society will al- before that, Red Auerbach simply did Boston Celtics, who passed away in October ways endure, and his life exemplifies the very it. at the age of 89. best ideals of our country. There are many ways, Mr. Speaker, Mr. Speaker, Red Auerbach was a winner. There will never be another Red for a man or a woman to show courage As a coach, he won more than a thousand Auerbach—he was an American original. Our on race. There are many ways to be a games, including 9 world championships and hearts go out to Red’s family and friends. I en- civil rights leader. For America and es- an unbelievable 8 in a row—a record that still courage my colleagues to support this resolu- pecially for those who needed him stands today. Overall, he won almost two- tion in Red’s honor. most, we in the House today say thirds of the games he coached over a 20- Ms. NORTON. Mr. Speaker, I yield thanks, Red. year NBA career. The 16 world championship myself such time as I may consume. Mr. LANGEVIN. Mr. Speaker, I rise today in banners that hang from the rafters in Boston I thank the gentleman for those com- support of H. Con. Res. 497. As a Boston Garden today are an everlasting testament to ments. That is a very appropriate prop Celtics fan, I am proud to be a cosponsor of Red’s incredible talent. to use this time. I have just an addi- this resolution, which honors the memory of As an executive leading the Celtics, he was tional word about Red Auerbach. Arnold ‘‘Red’’ Auerbach. the architect of one of the greatest dynasties Mr. Speaker, when you have won Red Auerbach was known as the man who in the history of professional sports. The play- two-thirds of the games you ever turned the Boston Celtics into a dynasty fran- ers he brought onto the Celtics—often by out- coached over a 20-year period, there is chise. A fiery and competitive coach, he un- witting and outmaneuvering the general man- hardly anybody in America who is not derstood the importance of each individual agers of the other teams in the league—re- going to claim you. Brooklyn has every player’s role on a team. He was also a savvy main among the greatest to ever play the right to claim Red Auerbach for grow- businessman who made his decisions based game: Bill Russell; Bob Cousy; John Havlicek; ing up there. Boston certainly claims on what was best for his team, regardless of Kevin McHale; and of course, Larry Bird. him. Actually, Russia could claim him. how society might have viewed him. His meth- Red understood that it took much more than The man was born in Russia, and we re- ods and coaching styles were copied by individual stars to win consistently. That’s why member the time when Russia used to many, leading to Auerbach being called the in- he constructed teams with players who knew claim to invent everything whether it ventor of modern professional basketball and and excelled at their specific roles, building a happened there. Well, this did happen one of the greatest coaches in professional whole that always was greater than the sum of there. sports history. Born on September 20, 1917, in Brooklyn, its parts. It wasn’t unusual for players from I am here to claim Red Auerbach, NY, Auerbach was a basketball captain and other teams to suddenly start playing better too, because he actually began his also school president at Eastern District High when they joined the Celtics than they ever coaching career right here in the Dis- School. He went on to earn both a bachelor’s had with their previous team. trict of Columbia, coaching on two and a master’s degree from George Wash- Red infused the entire Celtics organization high school teams, one, a private high ington University, where he played basketball with the values of teamwork, respect, tenacity school team, St. Albans; the other, a for three years. His marriage in 1941 to Doro- and loyalty, creating a culture known as ‘‘Celt- public high school team, Roosevelt thy Lewis, as well as his ties to his alma ic Pride’’ that forever will be associated with High School. Wouldn’t you know it? mater, led Auerbach to establish his home in the Boston Celtics franchise. The great characteristics of sports- the Washington, DC area, where he also It’s impossible to overstate Red’s impact on manship should be remembered as began his basketball coaching career. In 1950, the City of Boston and the entire New England much as the more than thousand he began his legendary run as the head coach region. With his leadership, the Celtics be- games that Red Auerbach won, the no- of the Boston Celtics. tion of respect and loyalty, the culture came hometown heroes, and Red was a living As the Celtics coach, he won nine National legend. he brought to the game, which, if I Basketball Association championships, includ- Growing up as a boy in Massachusetts, I al- may say so, often today seems absent ing eight straight from 1959 to 1966, which still ways got a thrill when Red would let the CYO from the game and from sports. As we stands as a record in North American profes- teams from across the state play on that in- remember Red Auerbach, I hope we will sional sports. Fearless and not easily swayed credible parquet floor in Boston Garden. It was remember his standards and the cul- by the prevalent attitudes surrounding him, a highlight for us, and it also was an example ture that he insisted upon by the exam- Auerbach drafted the NBA’s first black player, of Red’s work to break down racial and class ple he set in the sport where he ex- named the first black coach in any profes- barriers. To have white kids and black kids, celled above all others. sional sports league, and had the first all-black Hispanic and Jewish kids from communities He never stopped working for basket- starting lineup in NBA history. After the 1966 across the state mixing together was unusual ball in countless ways, as an ambas- season, he decided to hand over the coaching in Boston in the 50s and early 60s, and Red sador of the game, his television series, reins, but remained with the Celtics as an ex- was the one making it happen. Red on Round Ball. The man wrote ecutive, and he would be affiliated with the or- Red’s lasting impact on our country tran- seven books about basketball. ganization for the rest of his life. scends basketball. His unrivalled ability to Finally, of course, today it may seem Red Auerbach passed away on October 28, identify gifted players was fueled by his laser unbelievable that as recently as 1950 2006, just shy of attending his 57th straight focus on talent and attitude, which left no Auerbach distinguished himself by Celtics game opener in Boston. Red Auerbach room for considerations of race, creed or drafting the first African American was the epitome of the Celtics, and his leg- color. player in the NBA, Chuck Cooper. endary status made it seem he would live for- In 1950, Red drafted the NBA’s first African- Goodness sakes, very late in the his- ever. While it is hard to picture the Celtics and American player, Chuck Cooper. He hired the tory of our country, particularly if we the world without him, Red Auerbach has left first African-American head coach in profes- consider that the game is, if anything, his mark. His guiding principles—family, loy- sional sports in 1966 in Bill Russell and was inordinately dependent today on Afri- alty, teamwork—should not only be taught on the first coach to put together a starting lineup can American players. the basketball court, but guidelines we should consisting entirely of African-American players Then, of course, about 16 years later, all follow. in 1964. it would seem he hired the first African Red Auerbach leaves behind two daughters, While Red made his indelible mark in Bos- American head coach in professional Nancy Collins and Randy; one granddaughter; ton, his home remained in Washington, DC sports. That is a real breakthrough be- and three great grandchildren. May we keep throughout his career with the Celtics. I was cause you have to have the courage to his loved ones in our thoughts and prayers, fortunate to be invited to Red’s famous move with someone whom you believe and may his memory live on forever. lunches at the China Pearl restaurant, where can do exactly what you are doing and Ms. NORTON. Mr. Speaker, I yield Red would hold court in the middle of a di- what those who are leaders of the game back the balance of my time.

VerDate Aug 31 2005 01:32 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.077 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8804 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Mr. LATOURETTE. Mr. Speaker, I against the city of St. Denis to change the This proposal, introduced only 2 yield back the balance of our time. name of Rue Mumia Abu-Jamal; and weeks ago, has conveniently made its The SPEAKER pro tempore (Mr. (3) commends all police officers in the way here to the House floor without United States and throughout the world for ADERHOLT). The question is on the mo- the benefit of a single hearing, markup their commitment to public service and pub- tion offered by the gentleman from lic safety. or any other consideration or discus- Ohio (Mr. LATOURETTE) that the House sion by our committee. The SPEAKER pro tempore. Pursu- suspend the rules and agree to the con- Now, one could understand the need ant to the rule, the gentleman from current resolution, H. Con. Res. 497. to circumvent the safeguards embodied Wisconsin (Mr. SENSENBRENNER) and The question was taken; and (two- in the traditional legislative process if the gentleman from Michigan (Mr. thirds of those voting having responded this measure proposed to solve some of CONYERS) each will control 20 minutes. in the affirmative) the rules were sus- the problems of the 46 million Ameri- The Chair recognizes the gentleman cans who every day go without health pended and the concurrent resolution from Wisconsin. was agreed to. insurance. GENERAL LEAVE One could also understand the need A motion to reconsider was laid on Mr. SENSENBRENNER. Mr. Speak- the table. to rush the bill through if it sought to er, I ask unanimous consent that all improve our local schools, proposed to f Members may have 5 legislative days make college more affordable, or at- CONDEMNING ST. DENIS, FRANCE, within which to revise and extend their tempted to enhance the standard of liv- FOR NAMING STREET IN HONOR remarks and include extraneous mate- ing of roughly 38 million people in OF MUMIA ABU-JAMAL rial on House Resolution 1082 currently America who currently live in poverty. under consideration. Unfortunately, this bill fails to ad- Mr. SENSENBRENNER. Mr. Speak- The SPEAKER pro tempore. Is there dress any pressing public policy prob- er, I move to suspend the rules and objection to the request of the gen- lems, but instead its sole aim is to in- agree to the resolution (H. Res. 1082) tleman from Wisconsin? fluence the decisions of a local govern- condemning the decision by the city of There was no objection. ment located several thousand miles St. Denis, France, to name a street in Mr. SENSENBRENNER. Mr. Speak- away in Paris, France. honor of Mumia Abu-Jamal, the con- er, I yield myself such time as I may As many may know, the details sur- victed murderer of Philadelphia Police consume. rounding the conviction of Mumia Abu- Officer Danny Faulkner. Mr. Speaker, I rise in support of Jamal for the murder of Police Officer The Clerk read as follows: House Resolution 1082, the resolution Daniel Faulkner are filled with a great H. RES. 1082 that condemns the decision by the city deal of controversy. Legal experts have Whereas on the night of December 9, 1981, of St. Denis, France, to name a street questioned the numerous irregularities Police Officer Danny Faulkner was shot and in honor of Mumia Abu-Jamal, the con- that occurred during the course of the killed in cold blood during a traffic stop in victed murderer of Philadelphia Police trial, including the failure to conduct Philadelphia, Pennsylvania; Officer Danny Faulkner. In 1981, Officer adequate ballistic tests on Abu-Jamal’s Whereas in the process of arresting the Faulkner was shot multiple times by gun and the clearly contradictory tes- driver of a car traveling the wrong way down Abu-Jamal, who was then convicted timony given by at least two of the a one-way street, the driver’s brother ap- and sentenced to death. Although Abu- peared from across the street and proceeded prosecution witnesses. to open fire on Officer Faulkner while his Jamal’s conviction was upheld on ap- Yet and still, and regardless of one’s back was turned away; the driver’s brother peal, the death sentence was over- personal feeling with respect to Abu- was identified as Mumia Abu-Jamal; turned on habeas review in 2001, 20 Jamal’s guilt or innocence, we should Whereas Mumia Abu-Jamal struck Officer years after the crime was committed. not be using the precious time we have Faulkner four times in the back with his The city of St. Denis exhibited gross to address the needs of the American gun; although seriously injured, Officer disregard for the family of Officer people with a resolution such as this. Faulkner returned fire, striking his Faulkner, the city of Philadelphia and Let us agree to let the French Gov- attacker; undeterred, Mumia Abu-Jamal the families of slain law enforcement ernment focus on the needs of its peo- stood over Officer Faulkner and shot him in officers all over the United States ple while we focus on the needs of ev- the face, mortally wounding him; Mumia Abu-Jamal attempted to flee, but collapsed when it callously announced the nam- eryday, hardworking people here in several feet from the slain Officer Faulkner, ing of a street to honor Abu-Jamal dur- America. murder weapon in hand; ing the 2006 National Police Week. We can start by providing better Whereas Mumia Abu-Jamal was charged House Resolution 1082 condemns the jobs, better schools, more affordable and convicted of first degree murder by a heinous murder of Officer Daniel health care, not by passing this resolu- jury of his peers; although Mumia Abu- Faulkner and urges the city of St. tion. Jamal has had numerous legal appeals, in- Denis to reconsider the decision to I must note that since his imprison- cluding appeals to the Pennsylvania Com- name a street after a convicted police ment, Abu-Jamal has continued his po- monwealth Court of Appeal, the Pennsyl- murderer. Should the city of St. Denis litical activism and has completed his vania State Supreme Court, and the United bachelor of arts from Goddard College, States Supreme Court, his conviction has fail to act, the resolution asks the gov- been upheld each time; ernment of France to take action to has earned a master of arts from Cali- Whereas on April 29, 2006, the municipal correct this injustice and concludes by fornia State University, and from his government of St. Denis, a suburb of Paris, commending all police officers for their cell has made commencement speeches dedicated a street in the honor of Mumia commitment to public service and safe- to graduating classes in a number of Abu-Jamal; ty. colleges across the country. He was a Whereas December 9, 2006, marks the 25th This resolution has received the sup- guest speaker on the immortal tech- anniversary of Officer Danny Faulkner’s port of the Fraternal Order of Police niques on the musical album. The orga- murder at the hand of Mumia Abu-Jamal; and the National Troopers Coalition. nization, Access of Justice, interviewed and him for their job. Vanity Fair wrote Whereas the official recognition and cele- I would like to thank the gentleman bration of a convicted murderer of a United from Pennsylvania (Mr. FITZPATRICK) that a supporter of Mumia’s, Phillip States police officer is an affront to law en- for his leadership on this issue. I urge Block, visited him in prison and asked forcement officers across the Nation: Now, my colleagues to support this resolu- Jamal whether he regretted shooting a therefore, be it tion. cop, to which Mumia allegedly an- Resolved, That the House of Representa- Mr. Speaker, I reserve the balance of swered yes. Block, who otherwise sup- tives— my time. ported Mumia, stated he came forward (1) condemns the murder of Philadelphia Mr. CONYERS. Mr. Speaker, I yield after he grew concerned about the vili- Police Officer Danny Faulkner; myself as much time as I may con- fication of Officer Faulkner, and this (2) urges the municipal government of St. Denis to take immediate action to change sume. story goes on. the name of Rue Mumia Abu-Jamal and, if I am today joined by a number of my I think this is not one of the great such action is not taken by the municipal colleagues in expressing strong opposi- suspension matters which we should be government of St. Denis, urges the Govern- tion to this measure in the manner in bringing to the floor at this particular ment of France to take appropriate action which it comes before us today. time.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.079 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8805 Mr. Speaker, I reserve the balance of Philadelphia, wrote, ‘‘I for one feel like beginning. Regardless of one’s views of my time. putting down my pen. Let’s write epi- the merits or the lack of merits of this Mr. SENSENBRENNER. Mr. Speak- thets for Pigs!’’ was being honored as a case, the contentions in the pending er, I yield 5 minutes to the gentleman political prisoner. According to the case, the Congress of the United States from Pennsylvania (Mr. FITZPATRICK), Enquirer article, Suzanne Ross, the co- is not the proper forum to debate or de- the author of the resolution. chair of the Free Mumia Coalition of termine the merits of this case. The ex- Mr. FITZPATRICK of Pennsylvania. New York City, said that ‘‘in France, isting appealable issues in the case are Mr. Speaker, on the night of December they see him as a towering figure.’’ now pending before the United States 9, 1981, Philadelphia Police Officer Dan- Well, Ms. Rosen, in the United States Court of Appeals for the Third Circuit, iel Faulkner made a routine traffic the vast majority of Americans see him and Congress should not attempt to stop when the driver of a Volkswagon for what he is: a heartless and unre- wield the court’s gavel or presuppose was spotted driving the wrong way pentant cop killer. its decision. And this is not an auto- down a one-way street. While attempt- I was so disturbed by this story that matic go-through-the-motions appeal. ing to take the driver of the vehicle I felt compelled to introduce legisla- The Federal District Court upheld the into custody, the brother of the driver tion, not just 2 weeks ago, but back in conviction, though it did overturn the appeared from across the street and May, to condemn the decision of the death penalty in the case. Abu-Jamal opened fire on Officer Faulkner while city of St. Denis to name a street after is appealing the part of the case up- his back was turned away. this criminal and to urge them to im- holding the conviction; the State is ap- The shooter’s name was Weslie Cook, mediately rename the street. If such an pealing the part overturning the death who was also known by his alias, action is not taken, the legislation sentence. So there are clearly judicial Mumia Abu-Jamal. Not only did calls on the Government of France to issues on both sides, and Congress Mumia shoot Danny Faulkner in the correct the ill-conceived decision of the should not interject itself on a matter back, but in a final moment of what city and of the municipal government. pending before a court of law estab- can only be described as contempt and Finally, the bill condemns the mur- lished to resolve the merits of legal cold hatred, he stood over Officer der of Daniel Faulkner, and recognizes issues. Faulkner’s prone body and fired again, the sacrifice and commitment law en- I thought we had learned from the the bullet striking Faulkner in the forcement officers across the world Terry Schiavo case why Congress head, which instantly killed him. show each day in securing the public should not seek to serve as a judicial During the altercation, Officer safety and the order of the law. I also appeal arena on emotionally charged Faulkner was able to return fire, his want to recognize representatives of issues. Of course, the recent record re- shots wounding Mumia Abu-Jamal the law enforcement community who flects issues to strip Federal courts of enough to keep him from leaving the have worked tirelessly to tell Danny jurisdiction to even hear cases related scene of the murder. Police arrived on Faulkner’s story and to pursue justice to emotion-laden issues, which would the scene and found Mumia with the in his case, including the Philadelphia suggest that we have not learned our murder weapon close by. FOP and its president, Bobby Eddis; lesson. But I do remain hopeful. Let Soon after the crime, Mr. Speaker, the Pennsylvania FOP, and its national the judiciary do its job. Any suggestion Mumia was tried by a jury of his peers. organization. that the legislative branch can or Four eyewitnesses confirmed that Abu- Mr. Speaker, Mumia Abu-Jamal is should fix or have a say in a pending Jamal was in fact Officer Faulkner’s not a political prisoner. He is a mur- case before the courts not only de- murderer, and not even his own brother derer with a penchant for public rela- means the judicial branch, but it di- William Cook agreed to testify in his tions. He has been able to sway ex- minishes respect for the law. defense. The jury deliberated only 2 treme liberal and Socialist groups to Nor should Congress seek to respond days before convicting Abu-Jamal of his side in a sick effort to ride his story to or otherwise address the actions of a first degree murder. of political oppression to freedom. Ap- municipality in a foreign sovereign na- Although Mumia tried many times to parently, the city government of St. tion, and certainly not in the matter have his conviction overturned by Denis has swallowed this lie, hook, line contemplating holding the nation ac- Pennsylvania’s commonwealth court, and sinker. It is an affront to Officer countable for the ministerial actions of the Pennsylvania supreme court, and Daniel Faulkner’s memory, to his its subordinate jurisdictions, as this even the United States Supreme Court, widow Maureen, and everyone who puts resolution attempts to do. We should Mumia Abu-Jamal’s conviction stood on a uniform. not expect the United States to be firm and, in fact, still stands today. The murder of Officer Faulkner has As we approach the 25th anniversary urged by a foreign legislative body, as been burnt into the memory of his col- of Officer Faulkner’s murder, I call on the resolution says, to take appro- leagues, friends, family and into the all my colleagues to join me in support priate action against one of our mu- thoughts of countless police officers of this legislation. We must stand to- nicipalities when the foreign govern- across the country as a senseless act of gether as one and send a strong mes- ment disagrees with the action taken violence. sage to the world that cop killers de- by one of those cities. However, something strange hap- serve to be punished, not to be cele- There are many advocates for over- pened during Mumia’s trial and subse- brated. turning the death sentence in this case, quent appeals. He became something of Mr. CONYERS. Mr. Speaker, I yield here in the United States as well as a celebrity to the extreme fringe left. as much time as he may need to the other countries. I understand some of Free Mumia movements started to gentleman from Virginia, Mr. BOBBY those advocates are planning a rally in spring up across the country. Activists SCOTT, a distinguished member of the Philadelphia on December 9, the anni- started calling him a political prisoner. Judiciary Committee. versary of his arrest. The city of Phila- Mr. SCOTT of Virginia. Mr. Speaker, delphia will undoubtedly approve a per- b 1430 I thank the gentleman for yielding. mit for that rally. Now, are we going to Word spread, and soon his name be- Mr. Speaker, we are all saddened by pass a resolution condemning the city came known across the world, leading the death of a police officer cut down of Philadelphia for approving a rally in us to this moment and the consider- in the line of duty, and our hearts go favor of Abu-Jamal, or should we take ation of this House resolution. out to his family, friends, and cowork- Federal action appropriate against the In early May of this year, I read a ers. We all want to see justice for vic- city for taking that action? disturbing story in the Philadelphia tims and for society for such a tragic We also know that the city of San Enquirer. The story reported that on loss. Yet, we must leave the search for Francisco has made Abu-Jamal an hon- April 29, the Parisian suburb St. Denis justice to our courts to apply our con- orary citizen. Are we going to take named a street of their city in honor of stitutional system of administering Federal action against San Francisco Mumia Abu-Jamal. I was shocked and I justice. because of that action? was disgusted. There have been advocates and inter- And what standard are we setting by The man who, in 1970 as a founding ested parties on both sides of the issue this resolution? Municipalities around member of the Black Panthers in of the Mumia Abu-Jamal case from the the world and right here in the United

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.081 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8806 CONGRESSIONAL RECORD — HOUSE December 6, 2006 States take actions that many of us become right, up was down, and, most and our communities, and 25 years ago may disagree with. You would think significantly, right was now wrong. Officer Faulkner paid the ultimate that some in Congress would agree or Mumia Abu-Jamal is a man to be price for his service to the city of disagree with many of the resolutions condemned, not honored. On December Philadelphia. passed by municipalities expressing 9, 1981, he shot Philadelphia Police Of- On December 9, 1991, Officer Faulkner their opposition to the USA PATRIOT ficer Danny Faulkner. He shot him in was shot to death during a traffic stop Act or their opposition to the war in the back, then he shot him four more at 12th and Walnut Street. Officer Iraq. Are we going to urge the United times. The last round from a 38-caliber Faulkner was a respected and loved States to take appropriate action handgun struck the officer in the face member of the Philadelphia commu- against those cities for criticizing the and killed him. Four eyewitnesses at nity, a loving husband to his wife United States and its military actions? the scene saw him do it and testified as Maureen. He was only 25 years old And do we create the opposite effect of such in a court of law. Abu-Jamal was when he was murdered. the apparent attempt of the resolution apprehended at the scene, and his 38, The city of Philadelphia is still by calling even more attention to the containing five spent shell casings, was mourning the loss of Officer Faulkner, otherwise obscure event that is the found there as well. And I won’t even yet some have allowed Mumia Abu- subject of this resolution? Frankly, I get into the alleged hospital confes- Jamal, his convicted murderer, to be- had never heard of the action of the sion. come an international cause celebre. city of St. Denis before I saw this reso- Abu-Jamal was tried by a jury of his Most recently, the French city of St. lution, and I suspect few people in the peers in a Philadelphia courtroom. He Denis named a street after this man. United States or anywhere else had was convicted of first degree murder Abu-Jamal was found guilty by a ever heard of this action. By com- and sentenced to death. Philadelphia’s jury of his peers, a sentence that has plaining about those giving attention Democratic District Attorney Lynn been upheld by State and Federal to the case and the issues through this Abraham called it ‘‘the most open and courts. It is unfortunate that elected resolution, we are simply giving more shut murder case’’ that she had ever officials in France, who surely under- attention to it. seen. In fact, current Pennsylvania stand the importance of honoring those The death penalty is a controversial Democrat Governor Ed Rendell was who risk their lives to preserve the issue in this country and around the district attorney at the time, and his rule of law, pay tribute to such a man. world. It is an issue of conscience by office tried that case. In the United States, naming of public many here as well as abroad, regardless Abu-Jamal also admitted to shooting places such as buildings and streets is of how heinous a crime for which some- the officer. And while this confession an honor reserved for individuals who one may have been sentenced to death. and a death sentence that he received have brought significant contributions The United States is one of few major has been the subject of subsequent ap- to their communities, to our Nation, or countries in the world where the death peals, every court that has looked at to the society at large. penalty is still applied. Amnesty Inter- this case has affirmed the jury’s find- Perhaps the mayor and elected offi- national and other human rights ing that Abu-Jamal murdered Officer cials of St. Denis could learn from the Faulkner. groups criticize the United States poli- city of Philadelphia, which in the year Abu-Jamal, a cop killer, is now feted cies on the death penalty as inhumane 2000 named a portion of the Roseville as a minor celebrity by people like Boulevard in my district in remem- and inconsistent with international Fidel Castro, a few Hollywood movie human rights standards, and we en- brance of Officer Faulkner. Or perhaps stars, and of course the leadership of a the mayor will respond to the collec- counter many difficulties in getting small suburb of Paris, France. And tive outrage expressed today by the international cooperation because of it. some people have argued that they sup- U.S. House of Representatives when it When we try to have a captured capital port Abu-Jamal because they oppose passes this resolution; because he did crime defendant extradited from an- the death penalty. May I say, rather not, when I wrote to him earlier this other country back to the United respectfully, that the Jamal case is not year to express my strong opposition States, we routinely face opposition the case to make that case against the to his actions. Instead, I received a re- from countries of origin and other death penalty. We have a death penalty sponse making clear that the city countries because we have the death statute in the Commonwealth of Penn- would not be deterred. penalty. In fact, a letter from St. Denis sylvania precisely because of cases like Mr. Speaker, we cannot allow Officer has mentioned their opposition to the this one. death penalty as one of the reasons for The man that he executed, mean- Faulkner’s public service to be dimin- their action. while, a true hero who protected and ished by the actions of a foreign city. And so we should not be shocked by served the people of Philadelphia, is The resolution before us remembers his those who are facing death penalties dead, and his widow Maureen continues service to our community and to our when they are designated as martyrs of to grieve for him. I have met with Nation. It condemns those involved in what some consider to be a barbaric Maureen when I served in the Pennsyl- his murder and the city of St. Denis for and archaic practice. Mr. Speaker, be- vania General Assembly. I know that celebrating them. And it recognizes cause we should not, as the resolution she misses Danny every day. Only the that while 25 years have passed since says, urge the Government of France Mad Hatter could make sense of a sce- Officer Faulkner’s passing, he has not to take appropriate action against the nario like this. been forgotten. city of St. Denis, when we haven’t even Please, I urge every Member of this Sadly, since Officer Faulkner’s mur- done the same against cities right here House to vote in favor of this resolu- der, 110 brave law enforcement officers in the United States, and because this tion sponsored by my good friends and have given their lives serving and pro- case is pending in the Third Circuit, we colleagues MIKE FITZPATRICK and tecting the communities of my State. I should reject this resolution. ALLYSON SCHWARTZ. want to take this opportunity to re- Mr. SENSENBRENNER. Mr. Speak- Mr. CONYERS. Mr. Speaker, I yield flect and remember the four officers we er, I yield 5 minutes to the gentleman to the gentlewoman, Ms. SCHWARTZ, 4 lost just this last year: Pennsylvania from Pennsylvania (Mr. DENT). minutes. State Police Corporal Joseph Pokorny; Mr. DENT. Mr. Speaker, as a citizen Ms. SCHWARTZ of Pennsylvania. Mr. Reading Police Officer Scott Wertz; of the Commonwealth of Pennsylvania, Speaker, I thank the gentleman for Upper Saucon Township Police Officer I rise today to speak in favor of House yielding. David Petzold; and Police Officer, in Resolution 1082. When I first read or I rise today in strong opposition to Philadelphia, Gary Skerski. Gary heard that the leadership of the Paris the decision by the city of St. Denis, Skerski was a constituent of mine. He suburb of St. Denis had decided to France to dedicate a street in honor of had befriended my staff, and he was a name a street in that municipality for Mumia Abu-Jamal, the convicted mur- beloved member of our community. I Mumia Abu-Jamal, I thought I had just derer of Philadelphia Police Officer know how much he is missed by his disappeared down Lewis and Carroll’s Daniel Faulkner. wife Ann and their two young children rabbit hole in Alice in Wonderland. Ev- Every day, law enforcement officers as well as the residents of Port Rich- erything had gone topsy-turvy; left had selflessly risk their lives to protect us mond, the Philadelphia neighborhood

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.083 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8807 where he lived and was so involved. I It is in this context that Mumia Abu- murdering their police officers. I think know the St. Denis actions are an of- Jamal has become one of the emblematic fig- they would tell us it is none of our fense not only to Daniel Faulkner and ures in the fight for justice and for the aboli- business, and they would be right. his family, but also to the Philadelphia tion of the death penalty in the United What this resolution says is that the States and throughout the world. And it is Fraternal Order of Police and to Officer precisely this fight that we wanted to sup- city of St. Denis should not decide to Skerski and all of our Nation’s fallen port in naming one of our city streets after honor and glorify somebody that a jury heroes. him. of 12 unanimously beyond a reasonable I urge my colleagues to support this In this movement, the town of Saint-Denis doubt said murdered Officer Faulkner. resolution and to send a message to the is not alone. You are aware that committees That is all the resolution says. I think leaders of St. Denis that police officers, supporting this prisoner from Philadelphia that in terms of saying that we Ameri- not cop killers, are heroes worthy of have been formed in many communities of cans can solve our problems within our our respect, admiration, and remem- France and other European countries. You own constitutional system, we ought brance. also know that Mumia Abu-Jamal has been made an honorary citizen of Paris, that to be allowed to do so without some b 1445 French parliamentarians have visited him foreign country glorifying a person who has been convicted not only of Mr. CONYERS. Mr. Speaker, I yield 1 regularly in prison, and that each year, con- first degree murder, but first degree minute to the gentleman from Virginia certs, demonstrations, marches and assem- blies are organized in his support. murder against a public safety officer (Mr. SCOTT). In fact, this is not the first time that whose sworn duty it was to protect the (Mr. SCOTT of Virginia asked and international public opinion has rallied in was given permission to revise and ex- citizens of our country. This resolution support of American citizens who appear to should be approved. I ask for a ‘‘yes’’ tend his remarks.) be unjustly accused in their own country. Mr. SCOTT of Virginia. Mr. Speaker, That was the case for Nicola Sacco and vote. I include for the RECORD a letter pro- Bartolomeo Vanzetti between 1920 and 1927, Ms. MOORE of Wisconsin. Mr. Speaker, I vided by the French Embassy from the for Julius and Ethel Rosenberg, who were ex- rise today to voice my disappointment about city of St. Denis from their mayor. ecuted by electric chair in 1953, and in 1973 H. Res. 1082, a resolution condemning the NOVEMBER 7, 2006. for Angela Davis, who was initially con- decision by St. Denis, France to name a street MARTIN BOZMAROV, victed of murder before being fully acquit- after Mumia Abu-Jamal, being rushed to the Attorney, ted. House floor as a suspension bill. Issy-Les-Moulineaux, In these circumstances, we are happy that The resolution condemns the murder of the inauguration of a Rue Mumia Abu-Jamal DEAR MR. BOZMAROV: On behalf of the Philadelphia Police Officer Danny Faulkner Philadelphia City Council, you informed me in Saint-Denis lends additional support to that a delegation from that council, headed this fight. We are proud of this act and have and urges the municipal government of St. by its chairman, will be coming to Saint- no intention of reversing it. Denis, France, to change the name of a street Denis to ask the City of Saint-Denis to re- As for the City Council session of Novem- named after Mumia Abu Jamal immediately. It consider naming one of our streets ‘‘Mumia ber 30, I would like to remind you that it is also urges the French government to take ap- Abu-Jamal.’’ You also informed me that the public and therefore open to anyone who propriate action against the city to change the delegation would like to address the Saint- would like to attend. However, only mem- name of the street. Denis City Council meeting of November 30. bers of the City Council are authorized to I do not support the killing of police officers This request calls for an explanation of the take the floor. reasons underlying the city’s decision to Finally, I would like to mention that quite or any law enforcement officials and my heart name one of its streets after Mumia Abu- recently, during a mission to the United goes out to the family of Officer Danny Faulk- Jamal. States in the course of which he met with ner. However, I respect the rights of other As you know, Mumia Abu-Jamal has pro- Mumia Abu-Jamal, our deputy Patrick countries and sovereign nations. I do not be- claimed his innocence for nearly a quarter Braouezec was not received by the mayor of lieve it is the place of the United States House century. He has always denied firing the Philadelphia, even though he had an appoint- of Representatives to dictate street names in shots that resulted in the death of police of- ment. France or any other country. ficer Daniel Faulkner on December 9, 1981. Sincerely, I also respect the balance of powers in our His defenders, as well as the movements and DIDIER PAILLARD. associations that have rallied on his behalf, Nation and the jurisdiction of our courts. Ap- have accumulated a considerable number of Mr. CONYERS. Mr. Speaker, I have peals by both the prosecution and the defense elements that justify his request for a new no further requests for time, and I are scheduled to be reviewed by the Third Cir- trial. yield back the balance of my time. cuit Court of Appeals next year. As Members These have largely highlighted the unfair Mr. SENSENBRENNER. Mr. Speak- of Congress, I do not believe it is our place to nature of the investigation: the lack of bal- er, I yield myself the balance of my interject our views on a particular case cur- listics tests, the failure to take fingerprints, time. the failure to secure the area and perform rently pending in the Federal Courts. Mr. Speaker, this resolution does one With only three legislative days left in the other tests. It seems that important wit- thing, and that is it tells a suburb of nesses were bribed, excluded or intimidated. 109th Congress, there are far more pressing Several police reports were contradictory. Paris to butt out in terms of making a issues we should be addressing, such as edu- And the American press itself asserted that statement relative to how the criminal cation, health care and minimum wage. This Judge Sabo had exerted pressure in demand- justice system processed the case of resolution invokes too many controversial and ing the death penalty against Mr. Abu-Jamal the murder of Officer Faulkner. sensitive issues to be simply placed on the on July 3, 1982. This is not an issue of whether or not suspension calendar without any hearings and Even more troubling, a man who acknowl- the Federal Government or any of the limited debate. edged he was Mr. Faulkner’s killer never tes- States should have the death penalty, tified in court, on the pretext that his con- Mr. SENSENBRENNER. Mr. Speak- fession did not come within the deadline for and I come from a noncapital punish- er, I yield back the balance of my time. the proceedings. ment State. Whether or not a State has The SPEAKER pro tempore. The All of these aspects largely justify the the death penalty is a decision that is question is on the motion offered by doubts that exist with respect to Mr. Abu- to be made by their elected representa- the gentleman from Wisconsin (Mr. Jamal’s guilt and the growing movement tives. The elected representatives of SENSENBRENNER) that the House sus- supporting him, to which we wanted to con- my State since 1853 have chosen not to pend the rules and agree to the resolu- tribute. impose capital punishment. Our action also expresses our total opposition, H. Res. 1082. tion to the death penalty, which threatens But in this case the death sentence The question was taken. Mr. Abu-Jamal each day. For even now, de- was reversed in 2001, so that is a settled The SPEAKER pro tempore. In the spite all the international agreements on issue. Mumia Abu-Jamal is not going opinion of the Chair, two-thirds of human rights, the death penalty continues to be put to death. those voting have responded in the af- to be handed down in a majority of American Now 5 years after this happens, the firmative. states. city of St. Denis decides to name a Mr. SENSENBRENNER. Mr. Speak- Several dozen American prisoners are on street after a convicted cop killer. I death row. There are more than 60 in Texas er, on that I demand the yeas and nays. alone. Executions are still taking place, and would like to know what the French The yeas and nays were ordered. it takes the courageous mobilization of a would think if we started naming The SPEAKER pro tempore. Pursu- part of U.S. public opinion to rescue certain streets anywhere in the United States ant to clause 8 of rule XX and the convicts from this barbarous practice. for people who had been convicted of Chair’s prior announcement, further

VerDate Aug 31 2005 01:32 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.084 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8808 CONGRESSIONAL RECORD — HOUSE December 6, 2006 proceedings on this question will be on H.R. 1458, as amended, currently are in total agreement of that. I urge postponed. under consideration. support of the legislation. f The SPEAKER pro tempore. Is there Mr. Speaker, I have no further re- objection to the request of the gen- quests for time, and I yield back the RECOGNIZING NOTARIZATIONS IN tleman from Wisconsin? balance of my time. FEDERAL AND STATE COURTS There was no objection. Mr. SENSENBRENNER. Mr. Speak- Mr. SENSENBRENNER. Mr. Speak- Mr. SENSENBRENNER. Mr. Speak- er, I yield 4 minutes to the gentleman er, I move to suspend the rules and er, I yield myself such time as I may from Alabama (Mr. ADERHOLT), the au- pass the bill (H.R. 1458) to require any consume. thor of the bill. Federal or State court to recognize any Mr. Speaker, I rise in support of H.R. Mr. ADERHOLT. Mr. Speaker, I ap- notarization made by a notary public 1458, a bill to require any Federal or preciate the chairman’s support in al- licensed by a State other than the State court to recognize any notariza- lowing this bill to be brought to the State where the court is located when tion made by a notary public licensed floor to the House of Representatives such notarization occurs in or affects by a State other than the State where today. I would also like to thank my interstate commerce, as amended. the court is located. friend, Mike Turner of Freedom Court The Clerk read as follows: A notary public administers oaths Reporting in Alabama, who first H.R. 1458 and serves as an impartial witness brought this matter to my attention. when certain documents are signed. I am pleased we have been able to Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Many States require these documents, work together with the committee of Congress assembled, such as affidavits, deeds, and powers of jurisdiction to find a satisfactory rem- SECTION 1. RECOGNITION OF NOTARIZATIONS IN attorney, be notarized before they can edy to the issue of recognition of FEDERAL COURTS. become legally binding on parties. notarizations across State lines. Each Federal court shall recognize any Since the point of legal notarization is During the hearings held on this bill lawful notarization made by a notary public to deter fraud, a notary must posi- by the Subcommittee on Courts, the licensed or commissioned under the laws of a tively identify the signatory to a docu- Internet and Intellectual Property, State other than the State where the Fed- ment and ensure that he or she signs Ranking Member Berman pointed out eral court is located if— the document knowingly and willingly. that, ‘‘Although the topic of notary (1) such notarization occurs in or affects Notaries are currently licensed by in- recognition between the States is not interstate commerce; and (2)(A) a seal of office, as symbol of the no- dividual States. However, legal dis- necessarily the most exciting issue, it tary public’s authority, is used in the notari- putes are not always confined to the is an extremely practical one.’’ To my zation; or geographic and judicial domain of a colleague across the aisle, I would have (B) in the case of an electronic record, the single State. The bill ensures that law- to agree with both points. seal information is securely attached to, or fully notarized documents from one During that hearing in March, we logically associated with, the electronic State are also acknowledged by sister heard from several witnesses who all record so as to render the record tamper-re- States in interstate commerce. The bill agreed that this is an ongoing and a sistant. also clarifies standards by which elec- difficult problem for interstate com- SEC. 2. RECOGNITION OF NOTARIZATIONS IN merce. To businesses and individuals STATE COURTS. tronic seals are to be recognized. This Each court that operates under the juris- is especially important as more law- engaged in business across State lines, diction of a State shall recognize any lawful yers and business people notarize docu- this is a matter long overdue which is notarization made by a notary public li- ments electronically. being resolved. censed or commissioned under the laws of a I emphasize that H.R. 1458 does not H.R. 1458 will eliminate the confusion State other than the State where the court conflict with the 10th amendment’s de- that arises from States who refuse to is located if— fense of States’ rights. In fact, the bill acknowledge the integrity of docu- (1) such notarization occurs in or affects promotes States’ rights through its ments notarized out of State. H.R. 1458 interstate commerce; and compatibility with the full faith and would require that documents be recog- (2)(A) a seal of office, as symbol of the no- nized in any State or Federal court if tary public’s authority, is used in the notari- credit clause of article IV of the Con- zation; or stitution. the subject affects interstate com- (B) in the case of an electronic record, the The bill address an obscure but im- merce and the document is duly nota- seal information is securely attached to, or portant subject in the legal and busi- rized by a seal or if a seal is tagged to logically associated with, the electronic ness realms, and I urge my colleagues an electronic document. record so as to render the record tamper-re- to support it. Currently, each State is responsible sistant. Mr. Speaker, I reserve the balance of for regulating its notaries. Typically, SEC. 3. DEFINITIONS. my time. an individual will pay a fee, will sub- In this Act: Mr. CONYERS. Mr. Speaker, I yield mit an application, and takes an oath (1) ELECTRONIC RECORD.—The term ‘‘elec- myself such time as I may consume. of office. Some States require appli- tronic record’’ has the meaning given that Mr. Speaker, I too rise in support of cants to enroll in educational courses, term in section 106 of the Electronic Signa- tures in Global and National Commerce Act this legislation which would require pass exams, and even obtain a notary (15 U.S.C. 7006). Federal and State courts to recognize bond. Nothing in this legislation will (2) LOGICALLY ASSOCIATED WITH.—Seal in- the validity of a document notarized in change these steps. It shall be made formation is ‘‘logically associated with’’ an other States. It has been clearly and clear that we are not trying to man- electronic record if the seal information is accurately described. It would operate date how States regulate notaries pub- securely bound to the electronic record in to smooth out evidentiary rules which lic they appoint. In addition, the bill such a manner as to make it impracticable would treat notarized documents dif- would also not preclude the challenge to falsify or alter, without detection, either ferently from public documents. of notarized documents such as a will the record or the seal information. Under section 1738 of title 28, Federal contest. The SPEAKER pro tempore. Pursu- and State courts must recognize the of- During the subcommittee hearing, ant to the rule, the gentleman from ficial acts of State legislatures and the executive director of the National Wisconsin (Mr. SENSENBRENNER) and courts. With respect to notarized docu- Notary Association stated, ‘‘We like the gentleman from Michigan (Mr. ments, however, courts must determine this bill because it is talking about a CONYERS) each will control 20 minutes. whether they are authentic. This can standard for the legal effects of the ma- The Chair recognizes the gentleman delay court proceedings and negate the terial act, the admissibility of it, not from Wisconsin. entire purpose of notarization, which is at all interfering with the State re- GENERAL LEAVE to authenticate the identity of the per- quirements for education and regula- Mr. SENSENBRENNER. Mr. Speak- son signing the document. tion of the notaries themselves.’’ er, I ask unanimous consent that all The measure before us would make it Thank you again, Mr. Chairman, for Members may have 5 legislative days easier for notarized documents to be your support of this legislation and al- in which to revise and extend their re- admitted into evidence and thus speed lowing the legislation to move forward marks and include extraneous material up court proceedings. We on this side today. I urge my colleagues to support

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.087 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8809 H.R. 1458 under the suspension of the The Clerk read as follows: shortage of physicians in the United rules today. H.R. 4997 States, which is a disconcerting trend. Mr. SMITH of Texas. Mr. Speaker, Rep- Be it enacted by the Senate and House of Rep- A 2-year reauthorization of this pro- resentative ADERHOLT’s bill eliminates unnec- resentatives of the United States of America in gram in its current form also gives essary impediments in handling the everyday Congress assembled, Congress time to consider whether fu- transactions of individuals and businesses. SECTION 1. SHORT TITLE. ture changes may be needed to the pro- Many documents executed and notarized in This Act may be cited as the ‘‘Physicians gram. For example, larger States like one state, either by design or happenstance, for Underserved Areas Act’’. Texas have expressed a need for addi- find their way into neighboring or more distant SEC. 2. WAIVER OF FOREIGN COUNTRY RESI- tional waivers beyond the 30 currently states. DENCE REQUIREMENT WITH RE- allowed. It is important that we con- SPECT TO INTERNATIONAL MEDICAL sider ways to address this problem If ultimately needed in any one of the latter GRADUATES. jurisdictions to support or defend a claim in Section 220(c) of the Immigration and Na- without putting the small States at a court, that document should not be refused tionality Technical Corrections Act of 1994 (8 disadvantage. By reauthorizing the admission solely on the ground it was not no- U.S.C. 1182 note; Public Law 103–416) (as waiver program, we will provide States tarized in the state where the court sits. amended by section 1(a)(1) of Public Law 108– with some relief for the physician H.R. 1458 ensures this will not happen. 441) is amended by striking ‘‘June 1, 2006.’’ shortage they are facing, particularly A notarization in and of itself neither vali- and inserting ‘‘June 1, 2008.’’. in rural and underserved areas. dates a document nor speaks to the truthful- SEC. 3. EFFECTIVE DATE. I urge Members to support this bill. ness or accuracy of its contents. The amendment made by section 2 shall Mr. Speaker, I reserve the balance of The notarization serves a different func- take effect as if enacted on May 31, 2006. my time. Mr. CONYERS. Mr. Speaker, I yield tion—it verifies that a document signer is who The SPEAKER pro tempore. Pursu- myself such time as I may consume. he or she purports to be and has willingly ant to the rule, the gentleman from Wisconsin (Mr. SENSENBRENNER) and I am pleased to have reached a bipar- signed the document. tisan agreement to extend the J–1 visa By executing the notarial certificate, the no- the gentleman from Michigan (Mr. CONYERS) each will control 20 minutes. waiver program for another 2-year pe- tary public, as a disinterested party to the riod. This visa waiver program is criti- transaction, informs all other parties relying on The Chair recognizes the gentleman from Wisconsin. cally important to bringing essential or using the document that it is the act of the medical services to residents of under- GENERAL LEAVE person who signed it. served rural and urban areas, including Consistent with the vital significance of the Mr. SENSENBRENNER. Mr. Speak- my own district in Detroit, Michigan. notarial act, H.R. 1458 compels a court to ac- er, I ask unanimous consent that all The J–1 program allows some foreign cept the authenticity of the document even Members may have 5 legislative days doctors who have completed their med- though the notarization was performed in a within which to revise and extend their ical training in the United States to re- state other than where the forum is located. remarks and include extraneous mate- main here to practice medicine for 2 Mr. Speaker, I conclude by pointing out that rial on H.R. 4997 currently under con- years if they will serve patients in a re- much of the testimony we received at our sideration. gion of the country that the Federal Subcommittee hearing on the bill addressed The SPEAKER pro tempore. Is there Government defines as medically un- the silliness of one state not accepting the va- objection to the request of the gen- derserved. These tend to be less afflu- lidity of another state’s notarized document in tleman from Wisconsin? ent urban areas with high population an interstate legal proceeding. There was no objection. densities and insufficient access to Some of the examples were based on petty b 1500 general practitioners and specialists as reasons—for example, one state requires a well as rural areas that are far from notary to affix an ink stamp to a document, an Mr. SENSENBRENNER. Mr. Speak- er, I yield myself such time as I may medical centers and may have trouble act that is not recognized in a sister state that attracting enough doctors to meet the requires documents to be notarized with a consume. Mr. Speaker, H.R. 4997, the Physi- communities’ needs. These commu- raised, embossed seal. nities are particularly desperate for cians for Underserved Areas Act, reau- Passing the bill will streamline interstate physician services because of the grow- thorizes for 2 years the program under commercial and legal transactions consistent ing national shortage of doctors our which physicians on J–1 visas can work with the guarantees of the Full Faith and country is facing. Credit Clause of the Constitution. in underserved areas. The program ex- This past summer a Los Angeles Mr. SENSENBRENNER. Mr. Speak- pired on June 1 of this year. Times article detailed the looming cri- er, I yield back the balance of my time. Each year numerous foreign doctors sis in medical care in the United States The SPEAKER pro tempore (Mr. come to the United States to complete as the demand for medical service ex- MORAN of Kansas). The question is on their residency training. Many do so plodes. The article noted industry fears the motion offered by the gentleman using the J–1 visa. One of the require- that shortages may even become more from Wisconsin (Mr. SENSENBRENNER) ments for physicians who use the J–1 severe over the next decade due to the that the House suspend the rules and visa is that the participant return to flat medical school enrollments, aging pass the bill, H.R. 1458, as amended. his or her own country for 2 years upon baby boomers, and the high number of The question was taken; and (two- completion of the training program in doctors heading for retirement. thirds of those voting having responded the United States. The purpose of this While some communities enjoy a glut in the affirmative) the rules were sus- foreign residency requirement is to en- of physicians, one in five Americans, in pended and the bill, as amended, was courage U.S.-trained physicians to re- fact, live in rural and urban areas with passed. turn to their country and to improve so few doctors that the Federal Gov- A motion to reconsider was laid on medical conditions there. ernment has classified these regions as the table. Since 1994, Congress has waived the 2- ‘‘medically underserved.’’ It is these f year foreign residency requirement for Americans that foreign doctors assist physicians who agree to work in an un- when they get a J–1 visa waiver to PHYSICIANS FOR UNDERSERVED derserved area of the United States, as practice medicine in communities that AREAS ACT designated by the Department of don’t have enough American doctors. Mr. SENSENBRENNER. Mr. Speak- Health and Human Services. Each I believe we need to make improve- er, I move to suspend the rules and State receives 30 such waivers a year. ments in this program so that it better pass the bill (H.R. 4997) to permanently The waiver program allows States to meets the needs of the underserved. authorize amendments made by the recruit physicians to areas that have Right now some States who receive J– Immigration and Nationality Tech- trouble attracting newly trained Amer- 1 doctors through the ‘‘Conrad-30 pro- nical Corrections Act of 1994 for the ican physicians. Because of this waiver gram’’ do not lose their allotment of 30 purpose of permitting waivers of the program, many communities that waivers each year while other States foreign country residence requirement might otherwise have no access to find that 30 waivers are insufficient to with respect to certain international medical services now have physicians meet the medical needs of their com- medical graduates, as amended. nearby. It also responds to an overall munities. In addition, some States may

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.089 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8810 CONGRESSIONAL RECORD — HOUSE December 6, 2006 not need 30 waivers, but other States of the population of our country lives delighted to hear his noted examples have trouble recruiting all the doctors in rural America, only 10 percent of the that this is a real question for good they need. The result is that some citi- physicians serve that population. We health care in America. zens are still unable to get essential have a tremendous gap. And the unique The Physicians for Underserved medical care. thing about this, as is with many what Areas Act that I have worked on with We need a plan that ensures that I would call rural health care issues, is the chairman of the subcommittee, Mr. States having trouble recruiting it brings urban Members of Congress HOSTETTLER, would reinstate and ex- enough doctors will be able to fill their and rural Members of Congress to- tend the J–1 visa waiver program. For- allotment for J–1 doctors and ensure gether because our needs are so iden- eign doctors who want to receive med- that States which fill their annual al- tical. We are so underserved that the ical training in the United States on J lotment of J–1 doctors can get more core center of cities and the most un- visas are required to leave the country such doctors to meet their needs with- populated areas of the country face the afterwards. They must return to their out impinging upon those allotted to same challenges: How do we meet the own countries for 2 years before they any other State. In this way the needs health care needs of Americans who can receive a visa to work in the of all States and, most importantly, all choose to live where they live? Kansas United States as physicians. In 1994, of the citizens in underserviced areas has been able to recruit 66 physicians Congress established a waiver of this can be met until U.S. medical schools since 2002 when we developed our State requirement. The waiver is available to are able to increase the number of program, and it has made a tremendous doctors who will commit to practicing graduates to meet our domestic needs. difference. Three communities, Rush medicine for no less than 3 years in a I look forward to working with my County Memorial Hospital now has had geographic area designated by the Sec- colleagues in the House and Senate in three J–1 visa physicians, the only phy- retary of Health and Human Services the 110th Congress to improve, extend, sicians in the county. The same thing as having a shortage of health care pro- and sustain this vital visa program in with Greensburg, Kansas. For the last fessionals. The good news is that it is the very near future. 10 years, no physician in the commu- both in rural and urban areas that we Mr. Speaker, I reserve the balance of nity but a J–1 visa, and those J–1 visa can find this very vital and important my time. doctors have attracted three mid-level tool. Mr. SENSENBRENNER. Mr. Speak- practitioners. And, finally, the most Just a few weeks ago, I saw a doctors er, I yield 4 minutes to the author of recent success in Kansas is a commu- hospital in Houston literally shut the bill, the gentleman from Kansas nity health clinic, the United Meth- down. Shut down for a number of rea- (Mr. MORAN). odist Mexican-American Ministries, sons, management care problems. But Mr. MORAN of Kansas. Mr. Speaker, where they just recruited a J–1 visa that means that those doctors will be I want to thank Chairman HOSTETTLER doctor from Peru who now can address scattered in many different places. and Ranking Member JACKSON-LEE and the needs of many Hispanic members of Urban areas can also be the victims of the two chairmen and ranking mem- that community in southwest Kansas. a lack of doctors. bers of the full committee, who are It is wonderful now to have a bilingual The waiver program has been suc- here today, for their leadership and ef- J–1 visa doctor. cessful for more than a decade. It per- fort. Again, there are issues that we would mits each State to obtain waivers per- This has been a long time coming. love to work on to address the distribu- mitting up to 30 physicians to work in The J–1 visa Conrad program has ex- tion of J–1 visa physicians, and I look medically underserved areas. It is not a pired 6 months ago, and communities forward to trying to meet that chal- permanent program. It is sunsetted on are waiting for the certainty of this lenge with my colleagues from across June 1 of this year. That is why we legislation’s passing, and I am grateful the country. But this program is im- need the Physicians for Underserved to the leadership of the committee as portant. It saves lives. It is often the Areas Act. H.R. 4997 would reinstate well as the House to see that this bill only health care opportunity that and extend the program for 2 years. is on the floor today. many Americans will ever receive, and This is the second time that we have I came to Congress as a Member who the J–1 visa program is about good co-sponsored this extension with Mr. wanted to do something about pre- health and saving lives. HOSTETTLER. serving and improving the way of life I am very grateful for the oppor- We have a longstanding commitment in rural America, and one of the things tunity to be here today. to ensuring that legislation that can be I quickly discovered was if there is Mr. CONYERS. Mr. Speaker, I would bipartisan moves through this com- going to be a future for rural commu- like to yield such time as she may con- mittee and the full committee. The nities we are going to have to have ac- sume to the distinguished gentle- need for physicians in underserved cess to affordable medical care. If you woman from Texas, SHEILA JACKSON- areas is not a partisan issue. The J–1 want your community to have that fu- LEE, the ranking member of the Sub- visa waiver is also known as a Conrad ture, you have got to have hospital committee on Immigration in the Judi- program to reflect the fact that Sen- doors that remain open, physicians in ciary Committee. ator CONRAD established it. Senator communities, home health care, nurs- Ms. JACKSON-LEE of Texas. Mr. CONRAD and I have worked together on ing home care, and other professional Speaker, I thank the distinguished the program and decided that more health care providers that can meet ranking member for yielding, and I data was needed on how successfully the needs. Otherwise, our senior citi- look forward to his leadership in the the program is being implemented. So zens that make up such a large portion 110th Congress. I thank him for his we asked the General Accounting Of- of our population will reluctantly move leadership on this legislation. I thank fice to investigate the implementation away and young families will decide we the full committee chairman as well. I of the J–1 visa program. GAO issued a can’t take the risk of living in a com- pay great respect to my good friend report in November of this year, and munity that does not allow us the op- from Kansas, Mr. MORAN, for his lead- among other things, GAO found that portunity to have our children treated ership and authoring of this bill and for the use of the J–1 visa waiver is a with adequate medical facilities. his very careful, meticulous work with major means of providing physicians to The J–1 visa program, though not the committee of jurisdiction, the Ju- practice in underserved areas of the solving all of the challenges we face in diciary Committee, and the Sub- United States. More than 1,000 waivers meeting the health care needs of Amer- committee on Immigration, Border Se- were requested in each of the fiscal icans, is one step in that direction that curity, and Claims. years 2003 through 2005 by States and needs to be there. It needs to be in This is what you call a stellar exam- three Federal agencies, the Appa- place, and I am pleased that the comple of real immigration reform. Ration- lachian Regional Commission, the mittee has recognized its importance. al, reasonable thinking, putting immi- Delta Regional Authority, and the De- The physician shortage that has been gration in a good light. And it is a partment of HHS. GAO also found that mentioned is real. In fact, the U.S. De- right light and a positive light. And it the present system of providing up to partment of Health and Human Serv- is, as Mr. MORAN has just previously 30 waivers per State is not working. A ices estimates that although a quarter said, about good health care. And I am substantial percentage of States do not

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need 30 waivers. There were 664 unused fered with my colleague Representative JOHN subcommittee and full committee markups, we waivers in fiscal year 2005. Other HOSTETTLER. It would reinstate and extend the have had an ongoing dialogue with our coun- States need more than 30 waivers a J–l Visa Waiver Program. terparts in the Senate. They wanted the pro- year for their medically underserved Foreign doctors who want to receive med- gram to have a redistribution program now. areas. The States that report needing ical training in the United States on J visas are They do not want to wait until next year. I more than 30 waivers only want be- required to leave the country afterwards. They share their desire for a redistribution system. tween 5 and 50 more physicians. Their must return to their own countries for two It would be a great help to my state, the State needs can be met by redistributing years before they can receive a visa to work of Texas. Nevertheless, I do not want to do it some of the unused waivers, but this in the United States as physicians. In 1994, at the cost of hurting the states that are find- must be done carefully. Some States Congress established a waiver of this require- ing it difficult to attract waiver physicians. My expressed concern to GAO about redis- ment. The waiver is available to doctors who staff has advised me that the senators are tributing unused waivers. They are will commit to practicing medicine for no less very close to reaching an agreement on post- afraid that physicians would wait and than three years in a geographic area des- poning consideration of redistribution. We will apply to more populous States that ignated by the Secretary of Health and Human work on a resdribution program in the 110th would be receiving the redistributed Services as having a shortage of health care Congress. waivers. This problem has to be re- professionals. In closing, I would like to say a few words solved before we can move forward The waiver program has been successful for about my colleague, Representative with the development of a redistribu- more than a decade. It permits each state to HOSTETTLER. I have enjoyed working with Mr. tion plan. That was a very important obtain waivers permitting up to 30 physicians HOSTETTLER. He is an honest and sincere man issue for some States such as Texas, to work in medically underserved areas. It is who is dedicated to his principles. Recently, but out of a commitment to bipartisan- not a permanent program. It sunsetted on we worked together to respond to attempts by ship but really the recognition that the June 1st of this year. The Physicians for Un- the administration to impose cost containment J–1 visa extension is so crucial to the derserved Areas Act, H.R. 4997, would rein- measures on the Energy Worker’s Compensa- health needs of so many Americans, we state and extend the program for two years. tion bill. We both felt that this was outrageous, have come together to look forward This is the second time that I have cospon- and we have cooperated in conducting a se- into the 110th Congress for the leaders sored an extension with Representative ries of 5 oversight hearings to ensure that everything about the situation would be out in who are going forward on this issue to HOSTETTLER. We have a long standing rela- begin to address how do we make more tionship of cooperation on this issue. The the open and to leave a roadmap for the next Congress. Mr. HOSTETTLER has led this sub- fair the redistribution of these visas need for physicians in underserved areas is committee with distinction. I wish him well in and to ensure the best health care for not a partisan issue. The J–l Visa Waiver is also known as the whatever he chooses to do in the future. Americans. I urge you to vote ‘‘yes’’ for H.R. 4997—For Conrad program, to reflect the fact that Sen- b 1515 good health care in America. ator KENT CONRAD established it. Senator We are hoping that the other body Mr. CONYERS. Mr. Speaker, I yield CONRAD and I have worked together on the as much time as he may consume to will likewise see the wisdom of delay- program. We decided that more data was ing this issue which hospitals in the the gentleman from North Dakota (Mr. needed on how successfully the program is POMEROY), who is the original cospon- State of Texas have worked very hard being implemented, so we asked the General on. And I want to make it very clear sor of this legislation. Accountability Office (GAO) to investigate the Mr. POMEROY. Mr. Speaker, I want that I look forward to working with implementation of the J–l Visa Waiver Pro- to congratulate the gentlewoman from hospitals around America to ensure gram. Texas, SHEILA JACKSON-LEE, for the re- that this redistribution process is fair- GAO issued a report in November of this marks she just made, particularly in ly put in place so that we will have the year. Among other things, GAO found that the respect to the cooperation with Chair- kind of doctor distribution that will use of J–l visa waivers is a major means of man HOSTETTLER. help all of us. providing physicians to practice in under- You know, this bill is before us at Let me also acknowledge, as I bring served areas of the United States. More than this critical hour for this program be- my remarks to a close, that although 1,000 waivers were requested in each of fiscal cause of the work of the chairman and this is a bill that simply generates an years 2003 through 2005 by states and three the persistent advocacy of the gentle- extension, might I say to you that this federal agencies—the Appalachian Regional woman. What impresses me in par- has been a long journey to come this Commission, the Delta Regional Authority, and ticular is the gentlewoman’s agree- far, and I want to thank all of the staff. the Department of Health and Human Serv- ment to advance this bill forward, even I want to thank, of course, Mr. POM- ices. though it was not reformed in ways EROY, who I hope will make remarks. GAO also found that the present system of that she had sought. We worked very closely with his office. providing up to 30 waivers per state is not For rural areas, this was just so ur- And Mr. MORAN. As I said, the chair of working well. A substantial percentage of the gent. And we are really pleased that we the full committee, the chair and the states do not need 30 waivers a year. There can get this done, even as the session ranking member. were 664 unused waivers in FY2005. Other comes to conclusion. You see, we have As I close, let me acknowledge the states need more than 30 waivers a year for trouble in rural areas. We have trouble fact that this may be the last bill that their medically undeserved areas. getting doctors that we need to prac- I will have the opportunity of working The states that reported needing more than tice there. And this Conrad 30 program with Mr. HOSTETTLER on, and I simply 30 waivers only want between 5 and 50 more has played an incredibly important wanted to acknowledge his integrity physicians. Their needs can be met by redis- role in getting doctors into areas who and his commitment and dedication to tributing some of the unused waivers, but this need them in rural America. In fact, important principles, and his work on must be done carefully. Some states ex- the physician practice vacancies in this particular legislation as we pressed concern to GAO about redistributing North Dakota have been cut roughly in worked together, and thank him again unused waivers. They are afraid that physi- half out in the rural areas as a result of for his service, and also his attentive cians would wait and apply to the more pop- this program. If this program were to concern to legislation that we hope ular states that would be receiving the redis- expire, we would literally have hos- will be seen in the next Congress, and tributed waivers. This problem has to be re- pitals without doctors. We would have that is the energy workers compensa- solved before we can move forward with the people without the care they need. tion bill, which we have just had five development of a redistribution plan. Frankly, we would have lives lost, be- hearings on, which the last one was We will continue to work on a distribution cause when you are getting into areas yesterday, and that will help to com- system next year. I am confident that we will of western Kansas or North Dakota, pensate many victims. succeed in developing a new version of the J– you are talking about vast reaches of I conclude by thanking all of the l Visa Waiver Program that would facilitate the territory that take considerable time sponsors and saying this a good bill, use of all of the available waivers and place to cross before you can get someone, and I ask my colleagues to support it. the physicians where they are needed most. who may have an emergency medical I rise in support of the Physicians for Under- It has been a long journey to get this bill to condition, to an urban center where served Areas Act, H.R. 4997, that I have of- the floor. In addition to the work it took to get they might be treated.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.094 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8812 CONGRESSIONAL RECORD — HOUSE December 6, 2006 So this program which is tried, true, the staff, majority and minority, who RELIGIOUS LIBERTY AND CHARI- tested and part of the landscape, is helped in the waning hours of this par- TABLE DONATION CLARIFICA- about to expire. Again, to sum up, con- ticular Congress, the 109th Congress, to TION ACT OF 2006 tinuation of it continues what we have help move this bill to suspension and Mr. SENSENBRENNER. Mr. Speak- got. We have agreed, I have agreed with to help move it forward. And I do er, I move to suspend the rules and the gentlewoman to take a look at how thank Kristen Wells and Nolan pass the Senate bill (S. 4044) to clarify we reform it in ways that respond to Rappaport for their excellent coopera- the treatment of certain charitable her concerns. But I am just so pleased tion and work on the minority staff in contributions under title 11, United that she has agreed to move this for- generating what I think is an impor- States Code. ward, and also pleased with the work- tant extension for doctors across The Clerk read as follows: ing relationship she has with Chairman America. S. 4044 HOSTETTLER. Ms. BORDALLO. Mr. Speaker, I rise today Be it enacted by the Senate and House of Rep- So, at this point in his congressional in strong support of H.R. 4997, the Physicians resentatives of the United States of America in career, he instilled a sense that this for Underserved Areas Act. This bill will per- Congress assembled, come to the floor for a conclusion. manently authorize the J–1 visa waiver pro- SECTION 1. SHORT TITLE. Good for you, madam, gentlewoman, gram, allowing foreign physicians certain visa This Act may be cited as the ‘‘Religious SHEILA JACKSON LEE, and good for you, waivers in exchange for their service in medi- Liberty and Charitable Donation Clarifica- tion Act of 2006’’. Chairman HOSTETTLER. This is one rule cally underserved areas within the United America sorely needs. We thank you SEC. 2. TREATMENT OF CERTAIN CONTRIBU- States including the territories. A recent study TIONS IN BANKRUPTCY. for it. conducted by the Government Accountability Section 1325(b)(3) of title 11, United States Mr. Speaker, I rise today in support of H.R. Office (GAO) attributed the J–1 visa waivers Code, is amended by inserting ‘‘, other than 4997, the Physicians for Underserved Areas as a major means through which communities subparagraph (A)(ii) of paragraph (2),’’ after Act, which helps to address the physician have successfully placed physicians in under- ‘‘paragraph (2)’’. shortage in rural areas across America. served areas. The SPEAKER pro tempore. Pursu- H.R. 4997 reauthorizes for two years the The J–1 visa waiver program, since its in- ant to the rule, the gentleman from Conrad 30 program. This program, which was ception in 1994, has brought physicians from Wisconsin (Mr. SENSENBRENNER) and established by fellow North Dakotan, Senator areas around the world to the United States to the gentleman from Michigan (Mr. KENT CONRAD, allows graduates of foreign improve access to primary medical care for in- CONYERS) each will control 20 minutes. medical schools who complete their training in dividuals in underserved communities. Every The Chair recognizes the gentleman the United States on a J–l cultural exchange year, nearly 1,000 requests for J–1 visa waiv- from Wisconsin. visa to remain in the U.S. for three years if ers are submitted, which is a testament to this GENERAL LEAVE they agree to serve in a medically under- program’s popularity and effectiveness among Mr. SENSENBRENNER. Mr. Speak- served community. U.S. medical schools and medically under- er, I ask unanimous consent that all Many of these medically underserved com- served communities. Members may have 5 legislative days munities are in rural areas. In fact, only about As the representative from Guam, I know within which to revise and extend their ten percent of physicians practice in rural first-hand the challenges rural and medically remarks and include extraneous mate- America despite the fact that nearly one- underserved areas face. For instance, there is rial on Senate 4044 currently under fourth of the population lives in rural areas. In no oncologist on the island of Guam today. consideration. my own state of North Dakota, eighty-one per- Cancer patients must travel to Hawaii to re- The SPEAKER pro tempore. Is there cent of North Dakota’s counties are des- ceive treatment. Because of the J–1 visa waiv- objection to the request of the gen- ignated as health professional shortage areas, er program, however, the Government of tleman from Wisconsin? or HPSAs. Guam was able to apply for J–1 visa waivers There was no objection. In communities like Crosby and Tioga, North for two physicians in 2005. Mr. SENSENBRENNER. Mr. Speak- Dakota, the J–l visa waiver physicians pool er, I yield myself such time as I may The Physicians for Underserved Areas Act, serves as the primary resource to meet rural consume. by making this program permanent, will go far clinics and hospitals physician needs. For ex- Mr. Speaker, I rise in support of S. toward helping medically underserved areas ample, Dr. Ivan Tsutskiridze, serves Crosby, 4044, the Religious Liberty and Chari- like the one I represent. Healthcare is a na- North Dakota, under the Conrad 30 program table Donation Clarification Act of tional priority, and as legislators, we are and is the communities’ sole physician. Prior 2006. tasked with doing all that we can at the federal to the creation of the program, Crosby and During the 105th Congress the Reli- level to ensure that adequate medical care is other communities were chasing physicians. In gious Liberty and Charitable Donation available to all and that medical professionals fact, since 1994, this program has cut in half Protection Act of 1998 was signed into can be recruited to serve medically under- the number of family practice physician vacan- law by President Clinton. This bipar- served communities. cies in North Dakota. tisan measure, introduced by Senator Mr. CONYERS. Mr. Speaker, I yield The importance of this program is evident. HATCH, sought to protect the rights of back the balance of my time. Last year alone, over 6,000 physicians partici- debtors to continue to make religious pated in the J–l waiver program and it is heav- Mr. SENSENBRENNER. Mr. Speak- and charitable contributions after they ily relied upon by a majority of the states. er, I yield back the balance of my time. filed for bankruptcy relief. In addition, However, its need for reauthorization remains The SPEAKER pro tempore (Mr. the act protects religious and chari- as the physician shortage in this country is CULBERSON). The question is on the mo- table organizations from having to projected to reach 200,000 by 2020. That is tion offered by the gentleman from turn over to bankruptcy trustees dona- why I am pleased to see this bill before the Wisconsin (Mr. SENSENBRENNER) that tions these organizations received from House today to reauthorize this important pro- the House suspend the rules and pass individuals who subsequently filed for gram that has provided many rural areas with the bill, H.R. 4997, as amended. bankruptcy relief. capable, much-needed physicians. The question was taken; and (two- As many of you will recall, a major I would like to thank the people who have thirds of those voting having responded overhaul of the Bankruptcy Code was worked to bring this bill to the floor today, es- in the affirmative) the rules were sus- enacted last year as the Bankruptcy pecially Representative JOHN HOSTETTLER, pended and the bill, as amended, was Abuse Prevention and Consumer Pro- Representative SHEILA JACKSON-LEE and Rep- passed. tection Act. The clear intent of that resentative JERRY MORAN. This bill makes a The title of the bill was amended so act was not to disturb the rights of real difference for medically underserved as to read: debtors to continue to make charitable areas across the United States and in North ‘‘A bill to extend for 2 years the au- contributions or to tithe pursuant to Dakota. I urge a ‘‘yes’’ vote on H.R. 4997. thority to grant waivers of the foreign the 1998 act. Nonetheless, at least one Mr. CONYERS. Mr. Speaker, I yield country residence requirement with re- court has construed Bankruptcy Code 30 seconds to the gentlewoman from spect to certain international medical section 1325, amended by the 2005 act, Texas (Ms. JACKSON-LEE). graduates.’’. to prohibit chapter 13 debtors with Ms. JACKSON-LEE of Texas. I would A motion to reconsider was laid on above-median incomes from making like to add my appreciation to all of the table. charitable contributions or tithing.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.096 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8813 To address this judicial confusion, Members of this House voted to give the gentleman from Wisconsin (Mr. this bill simply clarifies that a chapter IRS bureaucrats that power. SENSENBRENNER) that the House sus- 13 debtor who is subject to section We had managed to get a statutory pend the rules and pass the Senate bill, 1325(b)(3) of the Bankruptcy Code, may allowance for tithing in the means test S. 4044. make charitable contributions or tithe and in chapter 13, but the final lan- The question was taken; and (two- to the same extent determined in ac- guage pushed through by the sponsors thirds of those voting having responded cordance with Bankruptcy Code sec- and the credit card industry did an end in the affirmative) the rules were sus- tion 1325(b)(2)(A)(ii). run around these provisions. pended and the Senate bill was passed. S. 4044 is a bipartisan measure that And that is how we got here. And I A motion to reconsider was laid on makes good sense. Donations are used am glad that there is a will to fix it. the table. by religious or charitable organizations This bill will allow chapter 13 debtors to fund valuable services to society to tithe in their plans on the same f which serve the common good. This basis as provided in the section principle, for example, is recognized in 1325(b)(2)(A)(ii). Keep in mind that while we are fixing VESSEL HULL DESIGN the Internal Revenue Code’s provisions PROTECTION AMENDMENTS OF 2006 concerning the deductibility of certain the law for tithes and other charitable charitable contributions. Individuals donations, basic problems in the law Mr. SENSENBRENNER. Mr. Speak- who, for religious or other reasons, remain unchanged. er, I move to suspend the rules and wish to donate to such organizations, By wiping out the allowable expenses pass the Senate bill (S. 1785) to amend even if they are in bankruptcy them- in chapter 13 for debtors with an in- chapter 13 of title 17, United States selves, should not be deprived of this come above the State median and re- Code (relating to the vessel hull design right. placing them with rigid IRS-based protection), to clarify the distinction I urge my colleagues to support this means tests, the new law still leaves between a hull and a deck, to provide bill. families and small businesses at the factors for the determination of the Mr. Speaker, I reserve the balance of tender mercies of the IRS. What else protectability of a revised design, to my time. will we find was left out? provide guidance for assessments of Mr. CONYERS. Mr. Speaker, I yield When the new law was being consid- substantial similarity, and for other myself as much time as I may con- ered, Members were assured that the purposes, as amended. sume. And I am pleased to rise in sup- IRS guidelines would provide the right The Clerk read as follows: port of the Religious Liberty and Char- answer in all cases. And as we have dis- S. 1785 covered, that hasn’t worked out as well itable Donations Act of 2006. Be it enacted by the Senate and House of Rep- This, ladies and gentlemen, is a con- as the credit card industry said it resentatives of the United States of America in tinuation of an effort we began in 1997 would. Congress assembled, This bill is supported by the United when Congress responded to cases hold- SECTION 1. TABLE OF CONTENTS. Way, the Red Cross, the National Coun- ing that pre-petition tithes and other The table of contents of this Act is as fol- charitable contributions could be cil of Churches, Interfaith Alliance, the lows: United Church of Christ, the National deemed to be fraudulent transfers, and Sec. 1. Table of contents. that the trustee could recoup these Baptist Churches USA, and the African Methodist Episcopal Church and oth- TITLE I—VESSEL HULL DESIGN tithes from the religious institutions PROTECTION ers. I am pleased to urge all Members receiving the donations. Sec. 101. Short title. We all agreed that this was a clearly to support it. But Members are fooling themselves Sec. 102. Designs protected. perverse result, and to clarify the law Sec. 103. Definitions. we passed the measure, Religious Lib- if they think this is a discrete problem in a law that one proponent has de- TITLE II—INTELLECTUAL PROPERTY erty and Charitable Donation Protec- PROVISIONS tion Act of 1998. scribed as perfect and that the sponsors told us was so well drafted that no Sec. 201. Sense of Congress relating to Bayh- Then a funny thing happened. This Dole Act. Congress forgot about the value of reli- amendments could even be considered. The hubris has hurt real Americans Sec. 202. Filing of applications for exten- gious charity embodied in that legisla- sions of a patent term. tion. Instead, forsaking the biblical in- and it will again. Let’s fix this mistake. It is the right TITLE I—VESSEL HULL DESIGN junction to forgive debts and deal gen- PROTECTION erously with the poor, this Congress thing to do, but we had better get used SEC. 101. SHORT TITLE. became a registered agent for the cred- to doing it. The new Code is a disaster, the natural consequence of subcon- This title may be cited as the ‘‘Vessel Hull it card industry. Design Protection Amendments of 2006’’. How? tracting work out of the Congress to SEC. 102. DESIGNS PROTECTED. Well, it is because of the aggressive lobbyists, which I am sure will be coming to an end very shortly. Section 1301(a) of title 17, United States overreaching of the lending industry Code, is amended by striking paragraph (2) and a Congress willing to write into I urge the passage of this legislation. I congratulate the chairman of the and inserting the following: law any scrap of paper handed to it by ‘‘(2) VESSEL FEATURES.—The design of a large financial institutions that we committee for bringing this matter to vessel hull or deck, including a plug or mold, have come to this point today. The de- our attention. is subject to protection under this chapter, cision in the Diagostino case relied b 1530 notwithstanding section 1302(4).’’. solely on the text of the law Congress Mr. CONYERS. Mr. Speaker, I yield SEC. 103. DEFINITIONS. passed. It restricts a debtor in chapter back the balance of my time. Section 1301(b) of title 17, United States 13, with current monthly income above Mr. SENSENBRENNER. Mr. Speak- Code, is amended— the State median, to the narrow stric- (1) in paragraph (2), by striking ‘‘vessel er, I yield myself the balance of my hull, including a plug or mold,’’ and insert- tures of the means test which relies on time. ing ‘‘vessel hull or deck, including a plug or what the IRS says a person needs to Mr. Speaker, just very briefly, bring- mold,’’; live on. ing this bill up in passing shows that (2) by striking paragraph (4) and inserting We debated the reliance on IRS the U.S. House of Representatives on a the following: guidelines to determine what a family bipartisan basis has a much bigger ‘‘(4) A ‘hull’ is the exterior frame or body needs to survive. We were all told not heart than the Internal Revenue Serv- of a vessel, exclusive of the deck, super- to worry, the IRS knows best and will ice. Some people may have doubted structure, masts, sails, yards, rigging, hard- provide all. Well, almost all. that in the past. We are here to show ware, fixtures, and other attachments.’’; and It turns out that when you owe the (3) by adding at the end the following: them that they are wrong. ‘‘(7) A ‘deck’ is the horizontal surface of a IRS money, they don’t want you mak- Mr. Speaker, I yield back the balance vessel that covers the hull, including exte- ing donations to your house of worship of my time. rior cabin and cockpit surfaces, and exclu- or to charity. And the IRS rule became The SPEAKER pro tempore. The sive of masts, sails, yards, rigging, hardware, a part of the Bankruptcy Code because question is on the motion offered by fixtures, and other attachments.’’.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.100 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8814 CONGRESSIONAL RECORD — HOUSE December 6, 2006 TITLE II—INTELLECTUAL PROPERTY (11) The Bayh-Dole Act has resulted in ben- logical advances and disclosing useful tech- PROVISIONS efitting taxpayers by generating millions of nical information to the public. SEC. 201. SENSE OF CONGRESS RELATING TO dollars in annual licensing royalties for uni- (23) The Congress finds that federally-fund- BAYH-DOLE ACT. versities and nonprofit institutions—reve- ed research at universities and Government (a) FINDINGS.—The Congress finds the fol- nues that are reinvested in furtherance of laboratories and the partnerships between lowing: additional research and education programs. such nonprofit institutions and the private (1) Article I, section 8, clause 8, of the (12) The incentives provided under the Act sector play a critical role in developing the United States Constitution provides that and the exchange of technology and research technologies that allow the United States to Congress shall have the power ‘‘[t]o promote between and among the research community, lead the world in innovation. the Progress of Science and useful Arts, by small businesses, and industry, have resulted (24) The Bayh-Dole Act and its subsequent securing for limited Times to Authors and in new cooperative ventures and the emer- amendments, which include the Trademark Inventors the exclusive Right to their re- gence of sophisticated high-technology busi- Clarification Act of 1984 (Public Law 98-620), spective Writings and Discoveries’’. nesses, which provide a major catalyst for have played a vital role in enabling the (2) The 96th Congress enacted Public Law innovation and entrepreneurial activity. United States to become renowned as the 96–517, entitled ‘‘An Act to amend the patent (13) More than 4,000 new companies have world leader in scientific research, innova- and trademark laws’’ (commonly known as been created to develop and market aca- tion, ingenuity, and collaborative research demic research and development since 1980, the ‘‘Bayh-Dole Act’’, in honor of its two that involves institutions of higher edu- and it is estimated that nearly 2300 of these lead sponsors in the Senate, the Honorable cation and the private sector. companies were still in operation at the end Birch Bayh and the Honorable Bob Dole), in (b) SENSE OF CONGRESS.—It is the sense of of fiscal year 2003. 1980. Congress that— (14) Lita Nelsen, director of the Tech- (3) For 15 to 20 years before the enactment (1) the Bayh-Dole Act (Public Law 96–517) nology Licensing Office at the Massachusetts of the Bayh-Dole Act, Members of Congress has made substantial contributions to the Institute of Technology, has described the considered, discussed, and deliberated on the advancement of scientific and technological Bayh-Dole Act as ‘‘one of the most success- proper resolution of issues implicated by the knowledge, fostered dramatic improvements ful pieces of economic development and job- Act. in public health and safety, strengthened the creation legislation in recent history’’. higher education system in the United (4) Before the enactment of the Bayh-Dole (15) The Bayh-Dole Act was described in a Act, the United States was confronted by States, served as a catalyst for the develop- 2002 article in The Economist (US) as ment of new domestic industries that have great economic uncertainty and presented ‘‘[p]ossibly the most inspired piece of legisla- with unprecedented new challenges from for- created tens of thousands of new jobs for tion to be enacted in America over the past American citizens, strengthened States and eign industrial competition. half-century. . . . More than anything, this (5) Before 1980, only 5 percent of patents local communities across the country, and single policy measure helped to reverse benefitted the economic and trade policies of owned by the Federal Government were used America’s precipitous slide into industrial by the private sector—a situation that re- the United States; and irrelevance’’. (2) it is appropriate that the Congress reaf- sulted in the American people being denied (16) The Government Accountability Office the benefits of further development, disclo- firm its commitment to the policies and ob- (GAO) found that university administrators jectives of the Bayh-Dole Act by acknowl- sure, exploitation, and commercialization of and small business representatives consid- the Government’s patent portfolio. edging its contributions and commemorating ered the Bayh-Dole Act to have had ‘‘a sig- the silver anniversary of its enactment. (6) The Bayh-Dole Act established a ‘‘sin- nificant impact on their research and inno- gle, uniform national policy designed to . . . SEC. 202. FILING OF APPLICATIONS FOR EXTEN- vation efforts’’. SIONS OF A PATENT TERM. encourage private industry to utilize govern- (17) A study of business executives found (a) FINDINGS.—The Congress finds the fol- ment financed inventions through the com- that 9 out of 10 identified the Bayh-Dole Act lowing: mitment of the risk capital necessary to de- as an ‘‘important factor’’ in decisions to fund (1) The Congress historically has provided velop such inventions to the point of com- research and development in academia. vigorous support for innovation in the useful mercial application’’, and eliminated the 26 (18) Howard Bremer, who served as patent arts by establishing a system of patent pro- different Federal agency policies that had counsel to the Wisconsin Alumni Research tection for products and processes. existed regarding the use of the results of Foundation from 1960 to 1988, once observed (2) Through section 156 of title 35, United federally funded research and development. that, ‘‘[o]ne important factor . . . is that the States Code, the Congress sought to promote (7) The Bayh-Dole Act fundamentally success was achieved without cost to the the development of innovative drugs by changed the Federal Government’s patent taxpayer. In other words, no separate appro- granting patent term restoration to compa- policies by enabling inventors or their em- priation of government funds was needed to nies to recover a portion of the patent term ployers to retain patent rights in inventions establish or manage the effort’’. for such drugs that was consumed during the developed as part of federally funded re- (19) A 1998 GAO study found that the law approval process conducted by the Food and search grants, thereby promoting licensing had a positive impact on all involved and Drug Administration. and the leveraging of contributions by the that the increased commercialization of fed- (3) Consistent with the historic purpose of private sector towards applied research, and erally funded research that resulted from im- promoting innovation, patent legislation, facilitating the transfer of technology from plementation of the Act had positively af- and subsequent rules promulgated by the the laboratory bench to the marketplace. fected both the Federal Government and the United States Patent and Trademark Office (8) Examples of the tangible products and American people. (PTO), have routinely given the PTO wide technologies that have resulted from the (20) The President’s Council of Advisors on discretion to excuse late filings and other Bayh-Dole Act include, inter alia, an im- Science and Technology reported to the mistakes that might otherwise result in the proved method for preserving organs for President in May 2003 that the Act ‘‘dramati- forfeiture of underlying patent rights. transplant, a lithography system to enable cally improved the nation’s ability to move (4) Contrary to this routine practice, how- the manufacture of nano-scale devices, the ideas from research and development to the ever, under section 156 of title 35, United development of new chemotherapeutic marketplace and into commerce’’ and that States Code, the PTO has no discretion to agents, the discovery of new therapies for the system put in place for transferring tech- excuse a filing that is even one day late. the treatment of patients diagnosed with nology from nonprofit institutions, which in- (5) In order to be consistent with the intent rheumatoid arthritis, and countless other cludes universities and Government labora- of protecting patent rights and promoting advances in materials, electronics, energy, tories, to the private sector has worked well. further innovation, the PTO should be grant- environmental protection, and information (21) The Bayh-Dole Act states, ‘‘[i]t is the ed limited, circumscribed discretion to con- technologies. policy and objective of the Congress to pro- sider patent term restoration applications (9) These new therapies, technologies, and mote the utilization of inventions arising filed in an untimely manner. inventions, which have resulted from the col- from federally-supported research or devel- (b) FILING OF APPLICATIONS.— laborative environment fostered by the opment; . . . to promote collaboration be- (1) IN GENERAL.—Section 156 of title 35, Bayh-Dole Act, have directly contributed to tween commercial concerns and nonprofit United States Code, is amended by adding at the ability of medical researchers to discover organizations, including universities; . . . to the end the following new subsection: and commercialize new treatments that al- promote the commercialization and public ‘‘(i) UNINTENTIONAL DELAY.—The Director leviate patient suffering, enhance the ability availability of inventions made in the United may accept an application under this section of doctors to diagnose and treat disease, and States by United States industry and labor; that is filed not later than 5 days after the target promising new medical research. [and] to ensure that the Government obtains expiration of the 60-day period provided in (10) The Bayh-Dole Act has stimulated two sufficient rights in federally-supported in- subsection (d)(1) if the applicant files a peti- of the major contemporary scientific trends ventions to meet the needs of the Govern- tion showing, to the satisfaction of the Di- of the last quarter century—the development ment and protect the public against nonuse rector, that the delay in filing the applica- of the biotechnology and information com- or unreasonable use of inventions’’. tion was unintentional. Such petition must munications industries—and the Act is (22) The Congress finds that the policies be filed with the application in the case of an poised to continue playing a central role in and objectives of the Bayh-Dole Act have application filed on or after the date of the new fields of innovative activities, including been achieved and that the patent law has enactment of this subsection and must be nanotechnology. played a critical role in stimulating techno- filed not later than 5 days after such date of

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.068 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8815 enactment in the case of an application This change responds to a Fifth Cir- sel—the hull as well as the deck—separately which, on such date of enactment, is pend- cuit Court case which, if allowed to when determining whether a third party has in- ing, is the subject of a request for reconsider- stand, will render the statute meaning- fringed a design. This change responds to a ation of a denial of a patent term extension less, thereby encouraging knock-off under this section, or has been denied a pat- 5th Circuit case that would render the statute ent term extension under this section in a artists to sell boats with inferior-de- meaningless, thereby encouraging knock-off case in which the period for seeking recon- signed hulls to consumers. The Judici- artists to sell boats with inferior designed hulls sideration of such denial has not yet expired. ary Subcommittee on the Courts, the to consumers. The Director shall make a determination on Internet, and Intellectual Property re- BAYH-DOLE RESOLUTION a petition under this subsection not later ported this bill favorably to the full Section 201 of the package consists of H. than 30 days after the date on which the peti- committee on March 1, 2006. Con. Res. 319, a resolution that commemo- tion is received. If no determination has been Second, S. 1785 includes the text of rates the Bayh-Dole Act on its 25th anniver- made on the petition within that 30-day pe- House Concurrent Resolution 319, riod, the petition shall be deemed to be de- sary. The Bayh-Dole Act, named after Sen. nied.’’. which commemorates the Bayh-Dole Birch Bayh (D–IN) and Sen. Bob Dole (R–KS), (2) REVIVAL FEES.—Section 41(a)(7) of title Act on its 25th anniversary. This is the is the law that enables inventors to retain their 35, United States Code, is amended— law that enables inventors to retain property interests in patented products that (A) by striking ‘‘or for an’’ and inserting their property interest in patented are subsidized by federal funding. It is fitting ‘‘for an’’; and products that are subsidized by Federal that we again have senators named BAYH and (B) by inserting after ‘‘reexamination pro- financing. The concurrent resolution DOLE in the Senate. The Committee reported ceeding,’’ the following: ‘‘or for an uninten- was unanimously approved by the Judi- this bill favorably in April. tionally delayed application for patent term ciary Committee earlier this year. PATENT TERM EXTENSION APPLICATIONS extension,’’. Third, S. 1785 includes the text of (3) EFFECTIVE DATE.—The amendments Section 202 consists of the text of H.R. made by this section shall take effect on the H.R. 5120, a bill that amends title 35, 5120. It permits the Director of the Patent and date of the enactment of this Act, and shall United States Code, to conform certain Trademark Office to accept late-filed requests apply to any application for patent term ex- filing provisions within the Patent and for patent term extension. The applicant must tension under section 156 of title 35, United Trademark Office. This legislation al- prove that the delay in filing was unintentional. States Code, which— lows the director of the PTO to accept In addition, the Director retains the discretion (A) is filed on or after the date of the en- a pharmaceutical patent extension re- actment of this Act; or to grant an extension and is not required to quest for not later than 5 days after the issue one. (B) on such date of enactment— current statutory deadline, which is 60 (i) is pending; I urge my colleagues to vote ‘‘yes’’ on this (ii) is the subject of a request for reconsid- days from the date that the Food and legislation. eration of a denial of a patent term exten- Drug Administration approves the drug Mr. Speaker, I am now pleased to rec- sion under section 156; or for use. ognize the gentleman from Oregon (Mr. (iii) has been denied a patent term exten- The applicant must prove to the di- WU), from the Science Committee, for sion under such section 156 in a case in which rector’s satisfaction that the delay in as much time as he may consume. the period for seeking reconsideration of filing was unintentional. In any event, Mr. WU. I thank the ranking mem- such denial has not yet expired. the director retains the discretion to ber, and I thank the chairman. The SPEAKER pro tempore. Pursu- grant or to deny an extension. It is not Mr. Speaker, I rise in support of sec- ant to the rule, the gentleman from automatic. The Subcommittee on tion 201 of S. 1785 and, in particular, its Wisconsin (Mr. SENSENBRENNER) and Courts, the Internet, and Intellectual well-deserved commendation of the the gentleman from Michigan (Mr. Property conducted a hearing on H.R. Bayh-Dole Act of 1980. This act, and its CONYERS) each will control 20 minutes. 5120 on September 14. 1984 amendments, were cited by The The Chair recognizes the gentleman Finally, S. 1785 includes the text of Economist in December 14, 2002, as pos- from Wisconsin. H.R. 2955, the Intellectual Property Ju- sibly the most inspired piece of legisla- GENERAL LEAVE risdiction Clarification Act. This meas- tion to be enacted in the past half cen- Mr. SENSENBRENNER. Mr. Speak- ure responds to a recent court case by tury. er, I ask unanimous consent that all reaffirming the plenary authority of The reasons are apparent if one looks Members may have 5 legislative days the Federal Circuit to hear all patent at the revolutionary changes that within which to revise and extend their appeals, which was the clear intent of began with Bayh-Dole. In 1980, perhaps remarks and include extraneous mate- Congress since the circuit’s creation in half a dozen universities were strongly rial on S. 1785 currently under consid- 1982. This bill was reported by the Judi- committed to commercialization of eration. ciary Committee on April 5 of this year university research results. Today, it is The SPEAKER pro tempore. Is there by a voice vote. hard to find a university that does not objection to the request of the gen- Mr. Speaker, S. 1785 incorporates have a tech transfer licensing program tleman from Wisconsin? timely bipartisan legislation to en- to take advantage of this legislation. There was no objection. hance public safety, commemorate the In the 1970s, we were struggling to Mr. SENSENBRENNER. Mr. Speak- Bayh-Dole Act and make other needed keep up with international competi- er, I yield myself such time as I may clarifications and improvements to tion. Bayh-Dole made research univer- consume. U.S. intellectual property law. sities a major tool in our tool box as an Mr. Speaker, I rise in support of S. I urge my colleagues to support the antidote to that decline. 1785, a bill to amend the Vessel Hull legislation and send it to the other Initially, by keeping the intellectual Design Protection Act. The version be- body to ensure its timely consideration property rights to the ideas they gen- fore us is the manager’s amendment to and passage. erated, universities were able to bring the bill. In addition to the vessel hull Mr. Speaker, I reserve the balance of in revenues, share with professor in- design amendments, S. 1785 includes my time. ventors, as industry began to commer- the text of three other intellectual Mr. CONYERS. Mr. Speaker, I am cialize the fruits of university re- property bills that have been the focus pleased to yield myself as much time search. Some of the inventions in bio- of considerable bipartisan discussion as I may consume. technology and computer software and and deliberation. These bills are not Mr. Speaker, I rise in support of the hardware by institutions such as the controversial and therefore have been legislation consisting of these intellec- Oregon Health and Science University, included as a part of the manager’s tual property bills that have been very the University of Oregon and Stanford amendment. fully and accurately described by our University, were listed by AUTM, the First, S. 1785 amends the Vessel Hull Chairman SENSENBRENNER. Association of University Technology Design Protection Act by requiring I rise in support of this legislation, which Managers, in the top 100 inventions courts to examine the statutorily pro- consists of three intellectual property bllls. that changed American life. tected components of a vessel, the hull VESSEL HULL PROTECTION As success has mounted and more as well as the deck, separately when First, the bill amends the Vessel Hull Design and more university professors thought determining whether a third party has Protection Act by requiring courts to examine about the commercial implications of infringed on a design. the copyright protected components of a ves- their work, new opportunities opened

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.068 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8816 CONGRESSIONAL RECORD — HOUSE December 6, 2006 up for professors. This led to university THE CARLYLE FRASER HEART consuming clinical trials (which Emory will research centers, research parks and CENTER likely be involved with) which will be needed technology transfer offices, adding AT CRAWFORD LONG HOSPITAL, to explore this and other promising new uses many more services as professors began Athens, GA, June 15, 2006. (such as patients undergoing open-heart sur- Congressman JOHN LEWIS, startup companies. Bayh-Dole is a gery) will not be feasible unless patent term House of Representatives, restoration under the Hatch-Waxman Act is major reason why both research uni- Washington, DC. available to the drug’s developer. versities and small high-tech compa- DEAR REPRESENTATIVE LEWIS: I received a nies with university roots are such phone call today from Clive Meanwell, Chief It is vital that H.R. 5120 be enacted so that major drivers of today’s American Executive Officer of The Medicines Com- research in stroke is undertaken to evaluate the use of Angiomax in the treatment and economy. pany, regarding H.R. 5120, relating to the patent restoration provisions of the Hatch- prevention of this debilitating disease. I None of this would have been possible would be happy to discuss this matter fur- without the cooperation of the Com- Waxman law. I am the Director of Inter- ventional Cardiology at Emory Crawford ther with you at your convenience. mittee on the Judiciary and its Courts Long Hospital and have been on the faculty Very truly yours, Subcommittee and the Committee on of Emory University School of Medicine for STEVEN V. MANOUKIAN, Science and its Technology Sub- thirteen years. I am also the President of the M.D., committee, where I am proud to serve Greater Atlanta Division of the American Director, Interventional Cardiology, Emory as subcommittee ranking Democratic Heart Association (AHA), and a medical re- Crawford Long Hospital, Emory Univer- member. porter for FOX–5 television. The major focus sity School of Medicine. It is fitting that Chairman SENSEN- of my profession is the care of patients with BRENNER, who was on both committees advanced and complex cardiovascular dis- THE 60 PLUS ASSOCIATION, at the time of the 1984 amendments, ease, particularly those undergoing inter- Arlington, VA, September 13, 2006. ventional procedures (commonly known as Hon. F. JAMES SENSENBRENNER, and who went on to serve as chairman stents) of the arteries of their heart and else- of both full committees, has chosen to Chairman, House Committee on the Judiciary, where in the body. Washington, DC. bring this commemoration forward in a I am writing in support of H.R. 5120 be- bipartisan manner that involves both cause I understand that, if it passes, the DEAR CHAIRMAN SENSENBRENNER: On behalf committees. anticoagulant drug Angiomax may become of the members of the 60 Plus Association, I I thank both gentlemen. I thank him eligible for patent term restoration. This am writing to inform you of our support for for his continued leadership, and I look would allow for further investment in clin- H.R. 5120, a bill to Amend Title 35, United States Code, To Conform Certain Filing Pro- forward to working with him, not only ical development. Angiomax is a critically important product which is used in the over- visions within the Patent and Trademark Of- to commend Bayh-Dole today, but per- whelming majority (thousands) of the inter- fice. This important legislation would amend haps also to update and improve in the ventional procedures at Emory. Angiomax is the Hatch-Waxman Act, correcting a dis- coming years after a successful quarter an important therapy because it provides concerting irregularity in the Act that century run. safe, effective, and cost-effective anti coagu- hinders drug innovation and life-saving re- Mr. SENSENBRENNER. Mr. Speak- lation during interventional procedures. In search. addition, several Emory physicians have per- er, I yield 3 minutes to the gentleman Patent law is designed to encourage inno- formed extensive research on Angiomax. from Tennessee (Mr. JENKINS). vation and advancement. The Hatch-Wax- Emory was one of the leading U.S. centers in Mr. JENKINS. Thank you, Chairman man Act supports this purpose in a variety a recent trial studying this product. I am SENSENBRENNER, for yielding this time. of ways including not penalizing the owner Mr. Speaker, H.R. 5120, which is in- perhaps one of the Nation’s leading experts and researchers in this area and have lec- of a drug patent for the time it has to wait corporated into section 202 of S. 1785 tured internationally and published exten- for FDA approval. However, the Act’s rigid has drawn bipartisan sponsorship from sively in this area. Within the last month, 60-day deadline for filing an application for 23 of our colleagues in the House. I in- we submitted approximately twenty indi- patent term restoration with the Patent and troduced this measure because I be- vidual research abstracts on Angiomax to Trademark Office (PTO) undermines these lieve it is both good patent policy and the American Heart Association and objectives, as it does not allow the PTO any sound health care policy. Transcatheter Cardiovascular Therapeutics discretion to excuse minor mistakes. H.R. It corrects an inequity in the patent national meetings. Our research shows that 5120 would provide the PTO with this vital Angiomax provides equal efficacy to other discretionary authority to accept an applica- law and will encourage important inno- tion for patent term restoration filed within vation in medical research, precisely drugs, costs less, is easier to use, and causes less risk of bleeding complications. Bleeding 5 days after the current deadline if the PTO the purpose that Congress sought to complications have been shown to increase finds that the filing delay was unintentional. accomplish in enacting the Hatch-Wax- mortality and are particularly common in As you are probably aware, coronary ar- man Act. In the patenting process, patients who are: elderly, female, African- tery disease kills 500,000 Americans each there are several examples of relief American, and those with kidney disease, year—earning the dubious distinction of that are available for late filings, late anemia, and high blood pressure. I have at- being the leading cause of death in America payments and deficient filings. tached two of our abstracts highlighting the for both men and women. And stroke is the By enacting section 202 of S. 1785, we consequences of bleeding complications. Nation’s number one cause of disability, af- are continuing to promote the basic These types of patients make up the major- fecting 700,000 Americans each year. purpose of Hatch-Waxman, and we are ity of the patients at our institution. Better Angiomax is a drug which has already been strengthening Hatch-Waxman. It is im- outcomes and a reduction in healthcare costs shown safe and effective in angioplasties and with Angiomax is what we want for the pa- portant to do this so that our Nation has shown initial promise for patients with tients of our community. coronary artery disease or stroke. Unfortu- will continue to lead the way in med- But that is only part of the story. Patent nately, because of a minor administrative ical research, and so that patients will term restoration for Angiomax is important error that caused its manufacturer’s applica- not be denied promising new innova- because preliminary experience suggests tion to be filed one day late, Angiomax may tive developments. that Angiomax may be useful in preventing never reach these cardiac and stroke pa- Mr. Speaker, I include for the and treating stroke but more studies are tients, even though it had earned the right RECORD letters from medical practi- needed. Stroke is the Nation’s number one to patent restoration. cause of disability and third leading cause of tioners and consumer groups from H.R. 5120 would prevent such destructive across this country supporting this leg- death. Over 700,000 Americans suffer strokes each year—one every 45 seconds; over 165,000 and unnecessary results, now and in the fu- islation. Included are letters from the die and many thousand more are disabled for ture. A similar clerical error has already Cleveland Clinic Foundation Heart life. I know that you are aware that Georgia happened to two other companies, who also Center, the Emory University is part of the high-risk ‘‘stroke belt’’. In my missed the filing deadline by one day. And, Healthcare Heart Center, and the Uni- capacity with the AHA, one of our major ini- human error being what it is, it is virtually versity of California Los Angeles Med- tiatives is reducing the risk of stroke. Unfor- certain to happen to other companies in the future. ical Center Cardiology Section. Their tunately, the blood thinning and clot-bust- credentials and their views are impres- ing agents currently utilized to treat stroke The 60 Plus Association urges the House sive. They emphasize the health care patients can cause dangerous side effects, in- Judiciary Committee to support this impor- cluding intracranial bleeds (as was seen so tant, bipartisan legislation that will benefit advantages of this measure, particu- vividly with Israeli Prime Minister Sharon). millions of seriously ill patents, many of larly its effect on opening up new ad- Angiomax may be useful in the prevention whom are 60 years of age and older. It is in- vantageous avenues of medical re- and treatment of strokes with fewer bleeding credibly unfortunate that years of patent search to prevent and treat stroke. side effects. But the very costly and time- protection on drugs are forfeited due to a

VerDate Aug 31 2005 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.105 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8817 minor clerical error and, as a result, the ben- In short, H.R. 5120 does not give anything disability and third leading cause of death in efits of further research and development of to patent owners that the Hatch-Waxman the United States. Unfortunately, without critical drugs are often lost. law did not intend to give them and does not patent restoration, the ability to conduct The 60 Plus Association appreciates your take anything away from the generic manu- the additional research and commit to the leadership on this issue. We hope you will factures that the Hatch-Waxman law in- costly approval process are eliminated, leav- consider these points and support this vital tended to provide. It merely gives PTO the ing consumers with fewer choices for critical legislation—legislation that will directly discretion to consider whether or not to ac- health care decisions. benefit the aging population. If you have any cept an application for patent term restora- Unlike other areas of patent law, the in- questions or concerns, please do not hesitate tion after hearing all the facts. flexible filing deadline is clearly draconian. to contact me. I urge you and your committee to support The Hatch-Waxman act provides incentives Thank you for your consideration. H.R. 5120 and help millions of seniors in this to invest in the costly and time-consuming Sincerely, country who are currently suffering or at drug approval process, yet the inflexibility JIM MARTIN, risk for coronary artery disease and need in- built into the current law can destroy those President, 60 Plus Association. novative life-saving medications. It is my incentives and have a disproportionate im- hope you will agree that H.R. 5120 is good pact on the process, and reduce opportunities RETIRESAFE, public policy with an overriding public for innovation. H.R. 5120 brings this applica- September 13, 2006. health benefit. tion of patent law more in line with the Hon. F. JAMES SENSENBRENNER, Sincerely, broader process for patent and trademark Chairman, House Committee on the Judiciary, MICHELLE PLASARI, proceedings. Given the importance of inno- Washington, DC. RetireSafe. vation in the field of health care, and the po- DEAR CHAIRMAN SENSENBRENNER: On behalf tential impact on the lives of Americans, I of the almost 400,000 senior citizens rep- FREEDOMWORKS, urge you to support this important legisla- resented by RetireSafe, I am writing to in- Washington, DC, September 13, 2006. tion. form you of our support of H.R. 5120, legisla- Hon. F. JAMES SENSENBRENNER, Jr., Sincerely, tion that would correct a troubling anomaly Chairman, Committee on the Judiciary, House MATT KIBBE, in the patent law that can hinder innovation of Representatives, Washington, DC. President and CEO. and stymie life-saving research. Currently, Hon. JOHN CONYERS, Jr., the Hatch Waxman Act allows the owner of Ranking Member, Committee on the Judiciary, CENTER FOR INDIVIDUAL FREEDOM, a drug patent to obtain time restored to its Washington, DC. Alexandria, VA, September 12, 2006. patent to make up for time lost while await- DEAR CHAIRMAN SENSENBRENNER AND RANK- Hon. F. JAMES SENSENBRENNER, Jr., ing FDA approval. H.R. 5120 would permit ING MEMBER CONYERS, on behalf of the 800,000 Chairman, House Judiciary Committee, Wash- the Patent and Trademark Office to accept members of Freedom Works, I am writing to ington, DC. an application within 5 days of the deadline urge your support for H.R. 5120, a bill that Congressman JOHN CONYERS, Jr., if the PTO determines the filing delay was would address a concern that has arisen in Ranking Member, House Judiciary Committee, unintentional. patent law and provide an environment that Washington, DC. RetireSafe urges the House Judiciary Com- facilitates innovation and continued devel- DEAR CONGRESSMAN SENSENBRENNER AND mittee to support this much needed legisla- opment of products that are beneficial to po- CONGRESSMAN CONYERS: On behalf of the Cen- tion that can benefit millions of seriously ill tentially millions of Americans. Freedom ter for Individual Freedom and its more than patents. It’s unfortunate, but when years of Works has a long history of involvement 250,000 supporters and activists nationwide, I patent protection on a drug are forfeited due with issues arising from the drug approval am writing to urge you to support H.R. 5120. to a minor clerical error, the benefits of fur- process, promoting policies that eliminate This bill grants the Patent and Trade Office ther research and development of critical unnecessary delays that limit consumer ac- Director the discretion, where fair and ap- drugs is often lost. Ironically, there are more cess to important new therapies. In addition, propriate, to accept slightly overdue patent- than 30 patent laws and regulations on the Freedom Works believes that at times the term restoration applications under the books giving the PTO the discretion to ac- patent process may be abused and generics Hatch-Waxman law. cept minor application errors and late fil- provide an important source of competition Under current law, an application uninten- ings, but not under Hatch-Waxman. We be- that generates substantial benefits to con- tionally filed even one day late must be de- lieve such rigid rules undermine the intent sumers. This legislation, however, is not an nied—the Director possesses absolutely no and basic purposes of the patent law. abuse of the system; it is an adjustment to discretion whatsoever. Such a rigid com- Furthermore, there are absolutely no the process that will ensure continued re- mand creates unfair outcomes, and arbi- downsides to fixing this problem. The bill search and development. This issue also trarily jeopardizes enormously valuable would not upset the balance of Hatch-Wax- highlights the burden imposed by the drug property rights. man; it would simply avoid a premature cut- approval process and I would urge Congress Throughout other realms of business, off of earned patent rights due to minor cler- to also consider reforms in this area as well legal, and personal life, equitable grace peri- ical error. Generic manufactures will also to ensure Americans have the access to the ods exist. For example, other federal agen- still have the same right they now enjoy to best care possible. cies such as the Internal Revenue Service file an application to bring out a new drug, Briefly, H.R. 5120 would grant the U.S. Pat- possess discretion to accept slightly overdue and this right would still be keyed to the ent Office the discretion to consider an ap- submissions. If even the ‘‘Tax Man’’ can have date FDA approves the patent owner’s drug plication for patent term restoration that a heart, the Patent and Trademark Office use. unintentionally has been filed late, but with- should also be allowed similar discretion. For instance, take the case of the drug in five days of the expiration of the 60-day It is also important to put H.R. 5120 into Angiomax, made by a small drug company, filing period established in the Hatch-Wax- perspective: the bottom line is that a com- which had earned the right to patent res- man Act (see 35 U.S.C. Section 156(d)(1)). The pany should not have to pay the price of mil- toration but missed the filing deadline by U.S. Patent Office has the discretion to ac- lions or even billions of dollars in revenue one day. Research into promising new appli- cept late-filed submissions in a variety of due to a simple and unintentional clerical cations of Angiomax for cardiac and stroke patent and trademark proceedings, but it error. Companies invest billions of dollars in patients—applications which are critical to does not in instances of patent term restora- product research and development, and re- older Americans—will be cut short if this tion filings. H.R. 5120 would correct this couping those investments through patent legislation is not passed. If Angiomax loses anomaly. protection is what allows our innovative its patent protection prematurely, this crit- Under the Hatch-Waxman Act, patent term economy to thrive. ical research opportunity will be lost en- restoration is an inducement for innovators Moreover, other patent laws and regula- tirely as it will never be conducted by ge- and firms to undertake risky, time-con- tions allow the Patent and Trade Office dis- neric manufacturers. The end result will suming, and costly drug development and cretion to excuse minor mistakes, such as mean that 13 million Americans including the FDA approval processes. Without patent filing documents or making payments. Thus the millions of seniors with coronary artery term restoration, incentives for drug innova- the current Hatch-Waxman deadline provi- disease will never benefit from this poten- tion are diminished and consumers would sion stands as an anomaly by prohibiting tially life-saving drug. bear the costs as fewer resources are devoted any type of discretion. In our view, this Angiomax is just one example of a drug to important lifesaving drug therapies. anomaly should be fixed, and H.R. 5120 does that has faced this filing deadline issue. Two As an example, the Medicines Company just that. other companies have missed the Hatch- failed to receive patent restoration because If an individual unintentionally pays their Waxman filing deadline by one day and oth- its filing was unintentionally filed one day mortgage payment one day late, does the ers will doubtless make minor filing errors late. The firm was in the process of con- bank seize their home? No. If property taxes in the future. Cardiac and stroke patients ducting important additional research on are paid one day late due to a bank disburse- will clearly benefit from this bill. H.R. 5120 is Angiomax, a drug initially approved as a ment error, does the government automati- good public policy that will help save lives blood thinning agent. New research, how- cally seize your property? Obviously not. and provide a better quality of life for seri- ever, suggests that Angiomax may be bene- Should a different standard apply to a com- ously ill patients, and it should be enacted ficial for use in the prevention and treat- pany whose very existence depends upon a immediately. ment of stroke, which is the leading cause of patent that they hold?

VerDate Aug 31 2005 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.075 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8818 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Opponents of this rational legislation studies are needed. Stroke is the nation’s needed to explore this promising new use claim that it would somehow benefit one number one cause of disability and third won’t be feasible unless patent term restora- particular company, but that is incorrect. leading cause of death. Over 700,000 Ameri- tion under the Hatch-Waxman Act is avail- Rather, any company that can prove that its cans suffer strokes each year—one every 45 able to the drug’s developer. slight delay was unintentional would be seconds; over 165,000 die and many thousands It is vital that H.R. 5120 be enacted so that treated more fairly. This is simply good pub- more are disabled for life, Unfortunately, the research in stroke is undertaken to evaluate lic policy. blood thinning and clot-busting agents now the use of Angiomax in the treatment and Indeed, the only beneficiaries of perpet- available to treat stroke patients can cause prevention of this debilitating disease. I am uating the current regulations are generic dangerous side effects, including intracranial available to discuss this matter further with companies who stand to gain an unfair wind- bleeds (as was seen so vividly with Israeli you at your convenience. fall by pouncing whenever a patent owner ac- Prime Minister Sharon). Angiomax may be Very truly yours, cidentally files a few days late. Perpetuating useful in the prevention and treatment of RAMIN EBRAHIMI, such inequitable windfalls for generic com- strokes with fewer side effects. But the very Associate Clinical Professor, University of panies is an inappropriate public policy re- costly and time-consuming clinical trials California Los Angeles, Director, Cardiac sult. Maintaining the Hatch-Waxman man- needed to explore this promising new use Catheterization Laboratory, Greater Los date as-is will lead to the further loss of won’t be feasible unless patent term restora- Angeles VA Medical Center, Assistant Di- highly valuable patent rights for no good tion under the Hatch-Waxman Act is avail- rector, Nuclear Cardiology, Greater Los reason. In contrast, fixing it through H.R. able to the drug’s developer. Angeles VA Medical Center. 5120 will help all innovators, both present It is vital that H.R. 5120 be enacted so that and future. research on Angiomax in the prevention and Section 202 is narrowly tailored legis- Further, H.R. 5120 does not give the patent treatment of strokes is undertaken to evalu- lation. It simply confers discretion on holder a ‘‘carte blanche, no questions asked’’ ate the drug in the treatment and prevention the Patent Office to consider an unin- grace period. It does not allow for indefinite of this debilitating disease. I am available to tentionally late-filed patent term res- discuss this matter further with you at your patents, nor does it imply continued protec- toration application submitted to the tions due to intentional negligence. Rather, convenience. it allows a five-day grace period for a patent Very truly yours, Patent Office within 5 days of the 60- restoration filing that was unintentionally DEEPAK L. BHATT, day deadline in current law. It does not delayed. Five days. Associate Director, Cleveland Clinic Cardio- confer any substantive rights on any Finally, Congress routinely revisits stat- vascular Coordinating Center, Staff, Car- applicant, but merely allows the appli- utes in order to fix loopholes and anomalies. diac, Peripheral, and Carotid Interven- cant to present the facts surrounding Very simply, mistakes happen, as does the tion, Associate Professor of Medicine, De- the late filing to the Patent Office. The law of unintended consequences. In the case partment of Cardiovascular Medicine, director of the Patent Office then has Cleveland Clinic Foundation. of Hatch-Waxman, allowing a simple five-day 30 days to rule on the petition. grace period will not undermine or compromise the growth of the generics market DEPARTMENT OF MEDICINE, UCLA Honest mistakes should not cause ir- in the United States. Rather, H.R. 5120 will SCHOOL OF MEDICINE, CENTER FOR reparable hardship for innovators or merely align patent restoration filing rules THE HEALTH SCIENCES, patients. A few days unintentional late with the other discretions enjoyed by the Los Angeles, CA September 6, 2006. filing mistake at the Patent Office Patent and Trademark Office. Congresswoman NANCY PELOSI, should not be cause for blocking prom- Accordingly, the Center for Individual House of Representatives, ising medical research that could lead Freedom urges you and all members of the Washington, DC. to important health care advantages. Judiciary Committee to pass H.R. 5120, al- DEAR CONGRESSWOMAN: I understand that the Subcommittee on Courts, the Internet Mr. Speaker, I appreciate all the ef- lowing it full consideration by the U.S. forts the committee has invested in House of Representatives. Fairness and eq- and Intellectual Property of the Judiciary uity demands it, and we will monitor mem- Committee of the House of Representatives bringing this legislation to the floor, bers’ votes on this critical matter and com- is considering a bill, H.R. 5120, relating to and I hope that we can now proceed municate them to our constituency. the patent restoration provisions of the with the enactment of S. 1758. Thank you very much for your time and Hatch-Waxman law. I am an interventional Mr. CONYERS. Mr. Speaker, I yield consideration. cardiologist practicing at The UCLA Medical back the balance of my time. Sincerely, Center and the Greater Los Angeles Veterans Mr. SENSENBRENNER. Mr. Speak- TIMOTHY H. LEE, Administration Medical Center. I engage in er, I yield back the balance of my time. Director of Legal and Public Affairs. the clinical care of patients with cardio- The SPEAKER pro tempore. The vascular disease as well as in clinical re- question is on the motion offered by THE CLEVELAND CLINIC search related to this complex and unique FOUNDATION HEART CENTER, group of patients. the gentleman from Wisconsin (Mr. Cleveland, OH, April 24, 2006. I am writing in support of H.R. 5120 be- SENSENBRENNER) that the House sus- Congresswoman STEPHANIE TUBBS JONES, cause I understand that, if it passes, the pend the rules and pass the Senate bill, House of Representatives, anticoagulant drug Angiomax may become S. 1785, as amended. Washington, DC. eligible for patent term restoration. This The question was taken; and (two- DEAR REPRESENTATIVE TUBBS JONES: I un- would allow for further investment in clin- thirds of those voting having responded derstand that you are considering a bill, HR ical development. I use Angiomax and have in the affirmative) the rules were sus- been involved in the study of Angiomax in 5120, related to the patent restoration provi- pended and the Senate bill, as amend- sions of the Hatch-Waxman law. I am an acute care cardiovascular procedures. interventional cardiologist practicing at the Angiomax is an important therapy that pro- ed, was passed. Cleveland Clinic. I engage in the clinical vides safe and effective anticoagulation in The title of the Senate bill was care of patients with cardiovascular disease interventional procedures with less bleeding amended so as to read: ‘‘An Act to as well as in clinical research related to this than other treatments. These advantages make certain improvements relating to complex and unique group of patients. also save money by reducing bleeding and intellectual property, and for other I am writing in support of H.R. 5120 be- providing single drug therapy versus com- purposes.’’. cause I understand that, if it passes, the bination drug therapy. A motion to reconsider was laid on anticoagulant drug Angiomax may become Patent term restoration for Angiomax is the table. eligible for patent term restoration. This important because preliminary experience would allow for further investment in clin- suggests that Angiomax may be useful in f ical development. I use Angiomax and have preventing and treating stroke but more HONORING THE LIFE OF RUTH been involved In the study of Angiomax in studies are needed. Stroke is the Nation’s BROWN acute care cardiovascular procedures, includ- number one cause of disability and third ing heart attack and angina. Angiomax is an leading cause of death. Over 700,000 Ameri- Mr. SENSENBRENNER. Mr. Speak- important therapy that provides safe and ef- cans suffer strokes each year—one every 45 er, I move to suspend the rules and fective anticoagulation in interventional seconds; over 165,000 die and many thousands agree to the resolution (H. Res. 1090) procedures with less bleeding than other more are disabled for life. Unfortunately, the honoring the life of Ruth Brown and treatments. These advantages also save the blood thinning and clot-busting agents now her copyright royalty reform efforts on health care system money by reducing bleed- available to treat stroke patients can cause behalf of rhythm and blues recording ing and providing single drug therapy versus dangerous side effects, including intracranial combination drug therapy. bleeds (as was seen so vividly with Israeli artists. Patent term restoration for Angiomax is Prime Minister Sharon). Angiomax may be The Clerk read as follows: important because preliminary experience useful in the prevention and treatment of H. RES. 1090 suggests that Angiomax may be useful in strokes with fewer side effects. But the very Whereas Ruth Brown passed away on No- preventing and treating stroke, but more costly and time-consuming clinical trials vember 17, 2006;

VerDate Aug 31 2005 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.078 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8819 Whereas Ruth Brown, a rhythm and blues b 1545 with the Congressional Black Caucus singer and songwriter known as Miss The label became known as ‘‘the as well. Rhythm, was one of Atlantic Records’s first house that Ruth built.’’ That means The resolution we introduce today recording and performing stars; acknowledges the important contribu- Whereas Ruth Brown’s elegant voice made Yankee Stadium is not the only ‘‘house her a hit from the 1940s onward with such that Ruth built.’’ tions to American culture and recog- songs as ‘‘So Long’’ and ‘‘Teardrops from My Ruth Brown’s style and singing abil- nizes Ruth Brown for her efforts to re- Eyes’’; ity influenced numerous other well- form the royalty system and expresses Whereas Ruth Brown’s career spanned the known musical artists, including the House’s deepest condolences to the post-World War II era through the Civil Bonnie Raitt and Little Richard. Later Ruth Brown family and friends. We re- Rights Movement to the 21st century, a pe- in her career, she was awarded Tony member her as a wonderful, beautiful riod which also saw the genre music move musician, but also as a dedicated fight- into the American mainstream; and Grammy honors and was inducted Whereas Ruth Brown helped found the into the Rock and Roll Hall of Fame. er for justice in the copyright field Rhythm and Blues Foundation in 1988 to rec- But Ruth Brown’s most enduring that is within our jurisdiction. ognize, promote, and preserve rhythm and contributions and her most remarkable So it is with great regret that we ac- blues music; qualities might have been her persist- knowledge the contributions of the late Whereas Ruth Brown worked with Con- ence and passionate desire for justice. Ruth Brown. gress to advance the cause of copyright roy- During her last two decades, she de- Mr. Speaker, I have no further re- alty reform so that rhythm and blues artists quests for time, and I yield back the could receive deserved copyright royalties voted herself to the cause of collecting from their music; unpaid royalties for musicians, spend- balance of my time. Whereas Ruth Brown’s talent was recog- ing much of her time working with Mr. SENSENBRENNER. Mr. Speak- nized with a Tony Award for Best Actress in Congress to promote copyright royalty er, I also yield back the balance of my a Musical in ‘‘Black and Blue’’ in 1989, a reform. She also helped establish a time. Grammy Award for her album ‘‘Blues on nonprofit foundation in Philadelphia to The SPEAKER pro tempore. The Broadway’’ in 1989, induction into the Rock help finance medical care for needy question is on the motion offered by and Roll Hall of Fame in 1993, and a Lifetime the gentleman from Wisconsin (Mr. Achievement Award from the Blues Founda- musicians. SENSENBRENNER) that the House sus- tion in 1999; Mr. Speaker, I want to thank the Whereas Ruth Brown’s autobiography, gentleman from Michigan (Mr. CON- pend the rules and agree to the resolu- ‘‘Miss Rhythm,’’ received the Ralph J. Glea- YERS) for introducing this resolution, tion, H. Res. 1090. son Music Book Award; and and I join him in urging the Members The question was taken; and (two- Whereas Ruth Brown is survived by 2 sons, of the House to support this resolution thirds of those voting having responded 4 siblings, 3 grandchildren, and a multitude to honor the extraordinary life and ac- in the affirmative) the rules were sus- of cousins, nieces, nephews, friends, and ad- complishments of Ruth Brown and to pended and the resolution was agreed mirers: Now, therefore, be it to. Resolved, That the House of Representa- extend the House’s deepest sympathy tives— to her family and friends. A motion to reconsider was laid on (1) honors the life of Ruth Brown; Mr. Speaker, I reserve the balance of the table. (2) recognizes Ruth Brown for her efforts my time. f toward reforming the copyright royalty sys- Mr. CONYERS. Mr. Speaker, I yield STOLEN VALOR ACT OF 2005 tem on behalf of rhythm and blues recording myself such time as I may consume. artists; Mr. Speaker, I thank the chairman, Mr. SENSENBRENNER. Mr. Speak- (3) commends Ruth Brown for her success JIM SENSENBRENNER, for his very per- er, I move to suspend the rules and in ensuring that rhythm and blues recording artists would receive deserved copyright roy- sonal remarks about Ruth Brown and I pass the Senate bill (S. 1998) to amend alties; and thank him and our colleagues, CHARLES title 18, United States Code, to enhance (4) expresses its deepest condolences to RANGEL, JERRY NADLER, BARBARA LEE protections relating to the reputation Ruth Brown’s family and friends. and BOBBY SCOTT, who all recognize the and meaning of the Medal of Honor and The SPEAKER pro tempore. Pursu- accomplishments of rhythm and blues other military decorations and awards, ant to the rule, the gentleman from singer Ruth Brown, who passed away and for other purposes. Wisconsin (Mr. SENSENBRENNER) and on November 17, 2006. She was not only The Clerk read as follows: the gentleman from Michigan (Mr. a great artist of contemporary music, S. 1998 CONYERS) each will control 20 minutes. but a fighter who reformed copyright Be it enacted by the Senate and House of Rep- The Chair recognizes the gentleman royalty payments for recording artists. resentatives of the United States of America in from Wisconsin. She had a great talent, as has been Congress assembled, GENERAL LEAVE described, and became one of Atlantic SECTION 1. SHORT TITLE. Mr. SENSENBRENNER. Mr. Speak- Records’ first recording stars. For that, This Act may be cited as the ‘‘Stolen Valor er, I ask unanimous consent that all she was inducted into the Rock and Act of 2005’’. Members may have 5 legislative days Roll Hall of Fame and received a 1999 SEC. 2. FINDINGS. within which to revise and extend their Lifetime Achievement Award from The Congress makes the following findings: (1) Fraudulent claims surrounding the re- remarks and include extraneous mate- Blues Foundation. She had an autobiography, ‘‘Miss Rhythm,’’ and receipt of the Medal of Honor, the distin- rials on House Resolution 1090 cur- guished-service cross, the Navy cross, the rently under consideration. ceived the Ralph Gleason Award for Air Force cross, the Purple Heart, and other The SPEAKER pro tempore. Is there Music. decorations and medals awarded by the objection to the request of the gen- Aside from her outstanding singing President or the Armed Forces of the United tleman from Wisconsin? career, though, Ruth Brown came to States damage the reputation and meaning There was no objection. the attention of the Congress because of such decorations and medals. Mr. SENSENBRENNER. Mr. Speak- she was a tireless advocate for the (2) Federal law enforcement officers have er, I yield myself such time as I may rights of other musicians and artists in limited ability to prosecute fraudulent consume. the rhythm and blues category. She claims of receipt of military decorations and medals. Mr. Speaker, I am privileged to join worked with us to advance the cause of (3) Legislative action is necessary to per- with my friend, Ranking Member CON- copyright royalty reform so that mit law enforcement officers to protect the YERS, in support of this resolution to rhythm and blues artists could at last reputation and meaning of military decora- honor the life of Ruth Brown, a pio- receive the royalties that they de- tions and medals. neering rhythm and blues singer who served from their music. She also SEC. 3. ENHANCED PROTECTION OF MEANING OF passed away last month. Ruth Brown helped found the Rhythm and Blues MILITARY DECORATIONS AND MED- was a well-known performer who paved Foundation in 1988 to recognize, pro- ALS. the road for other R&B artists. In the mote and preserve rhythm and blues (a) EXPANSION OF GENERAL CRIMINAL OF- FENSE.—Subsection (a) of section 704 of title 1950s she topped the R&B charts with a music. The important work of this 18, United States Code, is amended by strik- series of hits that helped establish At- foundation continues to this day. She ing ‘‘manufactures, or sells’’ and inserting lantic Records as a leading recording came to the Hill and worked with not ‘‘purchases, attempts to purchase, solicits label for pop singers. only the Judiciary Committee, but for purchase, mails, ships, imports, exports,

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.069 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8820 CONGRESSIONAL RECORD — HOUSE December 6, 2006 produces blank certificates of receipt for, There was no objection. manufacturing or selling military manufactures, sells, attempts to sell, adver- Mr. SENSENBRENNER. Mr. Speak- decorations or medals without legal tises for sale, trades, barters, or exchanges er, I yield myself such time as I may authorization. The bill also imposes for anything of value’’. (b) ESTABLISHMENT OF CRIMINAL OFFENSE consume. penalties for falsely representing one’s RELATING TO FALSE CLAIMS ABOUT RECEIPT Mr. Speaker, I rise in support of S. self as the recipient of any medal or OF DECORATIONS AND MEDALS.—Such section 1998, the Stolen Valor Act, which ex- honor authorized by Congress for the 704 is further amended— pands existing law prohibiting the armed services, and increases penalties (1) by redesignating subsection (b) as sub- fraudulent use of military decorations for violations involving a Distin- section (c); or medals. guished Service Cross, an Air Force (2) by inserting after subsection (a) the fol- The men and women of our Armed Cross, a Navy Cross, a Silver Star, a lowing: ‘‘(b) FALSE CLAIMS ABOUT RECEIPT OF MILI- Forces risk their lives every day to Purple Heart or the Congressional TARY DECORATIONS OR MEDALS.—Whoever preserve America’s freedom. They sac- Medal of Honor. falsely represents himself or herself, verbally rifice for our liberties with courage, pa- On September 7, the other body or in writing, to have been awarded any triotism and humility. They do not passed this bill by unanimous consent. decoration or medal authorized by Congress seek fame or celebrity status when told I urge my colleagues to support this for the Armed Forces of the United States, that they are heroes, and they often re- bill. any of the service medals or badges awarded Mr. Speaker, I reserve the balance of to the members of such forces, the ribbon, spond, ‘‘I am just doing my job.’’ While we can never fully pay our my time. button, or rosette of any such badge, decora- Mr. CONYERS. Mr. Speaker, I yield tion, or medal, or any colorable imitation of military heroes our debt of gratitude, such item shall be fined under this title, im- America honors their service and sac- myself such time as I may consume. prisoned not more than six months, or rifice with military decorations and Mr. Speaker, I am pleased to join both.’’; and medals such as the Purple Heart, the Chairman SENSENBRENNER in sup- (3) in paragraph (1) of subsection (c), as re- Bronze Star, the Navy Cross, and our porting this measure, the Stolen Valor designated by paragraph (1) of this sub- Nation’s highest military decoration, Act, introduced in both this body and section, by inserting ‘‘or (b)’’ after ‘‘sub- the Congressional Medal of Honor. the other body, which enjoys the wide- section (a)’’. spread support of a long list of bipar- (c) ENHANCED PENALTY FOR OFFENSES IN- Unfortunately, the significance of tisan cosponsors. In fact, here in the VOLVING CERTAIN OTHER MEDALS.—Such sec- these medals is being devalued by tion 704 is further amended by adding at the phony war heroes who fabricate their House the measure has a total of 110 end the following: honors and military careers. They do Democratic and Republican cosponsors. NHANCED ENALTY FOR FFENSES N The legislation starts out by hon- ‘‘(d) E P O I - so for greed and selfishness, and dis- VOLVING CERTAIN OTHER MEDALS.—If a deco- oring the brave men and women who respect the service and sacrifice of our ration or medal involved in an offense de- courageously serve our country. It also military heroes, as well as the honor scribed in subsection (a) or (b) is a distin- protects the precious medals that are guished-service cross awarded under section they uniquely deserve. Federal law en- awarded during the course of their 3742 of title 10, a Navy cross awarded under forcement authorities have responded section 6242 of title 10, an Air Force cross service by establishing a new set of to these imposters by launching a criminal penalties against anyone who awarded under section 8742 of section 10, a dozen investigations currently under- silver star awarded under section 3746, 6244, fraudulently claims to be a medal re- or 8746 of title 10, a Purple Heart awarded way. cipient or displays a fake medal in his In Illinois, one man attended numer- under section 1129 of title 10, or any replace- home or office. ment or duplicate medal for such medal as ous Marine Corps functions, military Recipients of the Congressional authorized by law, in lieu of the punishment funerals and fund-raisers, posing as a Medal of Honor, the Distinguished provided in the applicable subsection, the of- retired Marine Corps colonel. He fender shall be fined under this title, impris- Service Award, the Silver Star and claimed to have been awarded the Pur- Purple Heart have made considerable oned not more than 1 year, or both.’’. ple Heart eight times, the only marine (d) CONFORMING AMENDMENTS.—Subsection sacrifices for our country and, as such, (c) of such section 704, as so redesignated, is to have obtained such a distinction, as deserve a tremendous amount of our further amended— well as the Navy Cross. It turns out he gratitude and respect. It can be said (1) by inserting ‘‘ENHANCED PENALTY FOR never served a single day as a Marine. that this legislation represents just OFFENSES INVOLVING’’ before ‘‘CONGRES- In St. Louis, Federal authorities ar- one of the many ways of saying thanks SIONAL MEDAL OF HONOR’’; and rested a man at a local Marine Corps (2) by striking paragraph (2) and inserting for a job well done. event who claimed to be a decorated of- The bill is supported by several of the following: ficer. He had previously been spotted at ‘‘(2) CONGRESSIONAL MEDAL OF HONOR DE- our military groups, the Veterans of FINED.—In this subsection, the term ‘Con- the annual Marine Corps Birthday Ball Foreign Wars, the Military Order of the gressional Medal of Honor’ means— wearing a Navy Cross, two Silver Purple Heart and the FBI Agents Asso- ‘‘(A) a medal of honor awarded under sec- Stars, four Bronze Stars and numerous ciation. I, too, strongly urge my col- tion 3741, 6241, or 8741 of title 10 or section other medals. He, too, never served a leagues to lend their unanimous sup- 491 of title 14; single day as a marine. port to this commonsense proposal. ‘‘(B) a duplicate medal of honor issued Perhaps the most egregious example under section 3754, 6256, or 8754 of title 10 or Mr. Speaker, I reserve the balance of of this fraud was perpetrated by a 10- my time. section 504 of title 14; or year marine sergeant who secured $66 ‘‘(C) a replacement of a medal of honor pro- Mr. SENSENBRENNER. Mr. Speak- vided under section 3747, 6253, or 8747 of title million in security contracts from the er, I yield 2 minutes to the gentleman 10 or section 501 of title 14.’’. military based upon fictitious combat from Minnesota (Mr. KLINE). The SPEAKER pro tempore. Pursu- experience in Panama and Somalia, Mr. KLINE. Mr. Speaker, I thank the ant to the rule, the gentleman from with fabricated Silver Stars, Purple gentleman for yielding. Wisconsin (Mr. SENSENBRENNER) and Hearts, Bronze Stars and Air Medals. Mr. Speaker, I rise today in strong the gentleman from Michigan (Mr. Upon learning of the man’s fraudulent support of S. 1998, the Stolen Valor CONYERS) each will control 20 minutes. combat record, the military revoked Act. To many Americans, the collec- The Chair recognizes the gentleman the contracts, but by this time he had tions of colored ribbons and bronze from Wisconsin. already fled the country. medals that adorn the uniforms of GENERAL LEAVE The FBI estimates that for every le- military personnel and veterans are Mr. SENSENBRENNER. Mr. Speak- gitimate Navy SEAL team member, difficult to comprehend. To those who er, I ask unanimous consent that all there are roughly 300 imposters. More- have served, the rows of ribbons and Members may have 5 legislative days over, there are roughly only 124 living medals serve as an unwritten resume. within which to revise and extend their recipients of the Medal of Honor, yet A quick glance can tell much: how remarks and include extraneous mate- more than twice as many falsely claim many deployments at sea he has made, rial on S. 1998 currently under consid- to have received it. in what combat theaters she has eration. The Stolen Valor Act enhances pen- served, or even the value placed upon The SPEAKER pro tempore. Is there alties for those who masquerade as his work by his superiors. objection to the request of the gen- decorated war heroes. It expands the But even for those who did not serve, tleman from Wisconsin? existing prohibition against wearing, these decorations and awards have a

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.071 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8821 deeper meaning and value that far out- lems of these medals fraud. The au- worked together in a unique display of weigh their monetary worth. In many thors show that killers have fooled the teamwork on behalf of our brave men instances, they symbolize overcoming most astute prosecutors and gotten and women in uniform. an instinctual desire for self-preserva- away with murder. They show phony Mr. Speaker, it is time to protect and tion found in all of us and summoning heroes who have become the object of honor those who have earned the right a level of courage rarely found but national award-winning documentaries to wear these prestigious medals. highly coveted. on national network television. They Mr. Speaker, I urge my colleagues to It is for this reason that some seek to show liars and fabricators who have vote ‘‘yes’’ on Senate bill 1998, the Sto- bestow on themselves the symbols of flooded major publishing houses with len Valor Act of 2005. honor and sacrifice earned by others. false tales of heroism which have be- Mr. SENSENBRENNER. Mr. Speak- Regardless of their rationale, those come best-selling biographies. er, I yield 3 minutes to the gentleman that impersonate combat heroes dis- Not only do the authors show the from Kentucky (Mr. DAVIS). honor the true recipients of such price of the myth has been enormous Mr. DAVIS of Kentucky. Mr. Speak- awards. for society, but they spotlight how it er, I rise today in support of S. 1998, the By passing the Stolen Valor Act this has severely denigrated the service, pa- Stolen Valor Act. I commend my col- afternoon, we have a unique oppor- triotism, and gallantry of the best war- league from Colorado for introducing tunity to return to our veterans and riors America’s ever produced. this, Ranking Member CONYERS and military personnel the dignity and re- The Stolen Valor Act, H.R. 3352, Chairman SENSENBRENNER for this im- spect taken by those who have stolen it makes a language fix to the current portant bill, because it will strengthen and dishonor them. Federal statute, to include making the penalties for the misuse and mis- Mr. CONYERS. Mr. Speaker, I am verbal and written claims to be the re- representation of our Nation’s highest pleased to yield such time as he may cipient of a military medal that they military honors. I am a proud cospon- consume to the gentleman from Colo- were not entitled to. sor of H.R. 3352, the House version of rado (Mr. SALAZAR), the original au- This bill expands penalties currently this bill. I thank Congressman thor of this measure, who has worked in effect for the Medal of Honor to SALAZAR and Senator CONRAD for work- on it with leaders in both the House apply to the so-called valor medals, in- ing in a bipartisan spirit to make this and the other body for a considerable cluding but not limited to the Distin- legislation a reality. period of time. guished Service Crosses of the respec- I have had the opportunity during (Mr. SALAZAR asked and was given tive military branches and the Purple my time in Congress to present medals permission to revise and extend his re- Heart. of valor to many veterans in my dis- marks.) Our bill, H.R. 3352, a companion bill trict. Though their service was many b 1600 of Senate bill 1998, now has 110 co- years ago, it is an inspiring experience Mr. SALAZAR. Mr. Speaker, first of sponsorships with, as Ranking member to hear these veterans talk about their all, let me thank Chairman SENSEN- CONYERS stated, 73 Democrats and 37 service to our Nation with great pride BRENNER and Ranking Member CON- Republicans. and also reflecting the humility of the YERS for allowing us to bring this im- H.R. 3352 has been endorsed by nu- generation it served. For many of those portant legislation forward. As you all merous veterans and law enforcement who lay their lives on the line for our know, Senator CONRAD from the Senate organizations, including the Congres- country, there is no greater honor than side, both his staff and my staff worked sional Medal of Honor Society, the the receipt of a medal honoring their in a bipartisan effort to bring this im- Military Order of the Purple Heart and bravery and sacrifice, reflecting the portant act forward. the FBI Agents Association. sentiment of a grateful Nation. This act would actually place a The Stolen Valor Act may well be It is disturbing to me that people criminal penalty on those who falsely the most sweeping legislation affecting would illegitimately sell these medals claim to have risked their lives for military awards since the Medal of or display them as a false symbol of their country, and restoring honor to Honor review of 1917, during which this their own valor. While our soldiers those who have truly earned it. criteria for awarding our Nation’s have valiantly defended our freedom on Last year, in Pueblo, Colorado, I met highest military award was strength- the battlefield, others have displayed with Pam Sterner of Pueblo, who was ened. During the 1917 review, Congress false symbols of service, misleading attending Colorado State University in began establishing a series of lesser our citizens, cheapening the symbol, Pueblo, and also with Medal of Honor awards which has evolved to become and dishonoring the heritage, tradi- recipient Peter Lemmon of Colorado the Pyramid of Honor. This is a series tions and servicemembers who have Springs. of medals awarded to members of the had to live the reality of military serv- Pam had recently completed a work- military in increasing levels of impor- ice. ing paper on the issue of military med- tance and prestige. When General George Washington in- als fraud for a political science class at Subsequent to this review of 1917, lit- stituted our Nation’s first military Colorado State University, Pueblo. tle had been legislated in regard to award, he set forth a number of prin- With her research and with some of her these awards beyond authorization of ciples to follow, including one that language, we drafted the Stolen Valor new awards or slight changes in the stated, ‘‘Should any who are not enti- Act of 2005. awards process. Additionally, the Sto- tled to these honors have the insolence Current law basically allows Federal len Valor Act of 2005 restores a prece- to assume the badges of them, they law enforcement to prosecute individ- dent established by General George shall be severely punished.’’ uals who physically wear medals on Washington. This was when he first in- Those who illegally wear, sell or their person. The problem has been oc- stituted our first individual military produce decorations and medals should curring where individuals are claiming award in 1782. be punished. These actions are dis- to have earned these medals and there In his General Orders issued from his respectful to generations of our Na- is no way for authorities to be able to headquarters in Newburg, New York, tion’s veterans and war heroes. The prosecute these individuals. These on August 7, 1782, General Washington Stolen Valor Act will strengthen the frauds and these phonies have dimin- established the Badge for Military punishment for those who falsely por- ished the meaning and the honor of the Merit, which in 1932 was revised as the tray themselves as recipients of mili- recognitions received by our military Purple Heart. General Washington tary decorations and medals. heroes. noted the following point with regard Military decorations and medals In addition to diminishing the mean- to military awards: ‘‘Should any who honor our Nation’s brave service men ing, on several occasions phonies have are not entitled to these honors have and women and inspire future genera- used their stature as a decorated war the insolence to assume the badges of tions to military service. They remind hero to gain credibility that allows them, they shall be severely punished.’’ us of the great price of freedom, the ex- them to commit more serious frauds. The success of the Stolen Valor Act cruciating time of separation, of loss, B.G. Burkett’s award winning book, is notable because both Democrats and of pain, of sadness, and the joys of ca- ‘‘Stolen Valor,’’ first exposed the prob- Republicans from both Houses have maraderie that few can understand.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.112 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8822 CONGRESSIONAL RECORD — HOUSE December 6, 2006 I urge my colleagues to support the ciary not only pass the House without and argue amongst ourselves. And Stolen Valor Act and help preserve the amendment but the exact bill was while we do a lot of that, and I think integrity of our Nation’s military hon- passed in the other body as well, elimi- the framers of the Constitution in- ors. nating, of course, the necessity for a tended the Congress of the United Mr. CONYERS. Mr. Speaker, I yield committee to work out any differences. States to do that, the tremendous work myself as much time as I may con- It was then that we realized that on product of the committee over the last sume. this question of protecting the right of 6 years I think has been due in large Mr. Speaker, since this is likely the our citizens to vote, the cornerstone of part by the trust and respect and last piece of legislation the House Ju- our democracy, that Chairman JIM agreement that we have had in work- diciary Committee will control time on SENSENBRENNER and Ranking Member ing across the aisle. the floor, I would like to take this mo- CONYERS could not be more closely And while I was sitting here listening ment and opportunity to reflect back working together, not that there were to the debate, I was going through the on the good and outstanding work of not huge problems that had to be calendars of the House of Representa- JAMES SENSENBRENNER during his ten- worked out and resolved, not just be- tives looking at the number of com- ure as chairman of the House Judiciary tween ourselves but between other mittee reports we filed, and I think it Committee. Members of the committee and some of is somewhere in the 90 to 100 number It has been my privilege to serve our colleagues not even on the com- range during this Congress. And a lot with Chairman SENSENBRENNER in my mittee. We were able to do that with of these reports were really on con- role as ranking member of the Judici- dispatch. I quickly add the names of troversial and complicated legislation ary Committee over these last three the gentleman from North Carolina where we needed to have a committee (Mr. WATT) and the Constitutional Sub- Congresses. report to explain what the intent of committee ranking member, JERRY During that time, the Judiciary Com- Congress was, and that type of coopera- NADLER, as well and the gentleman mittee has become one of the most action allowed us to have that tremen- from Ohio (Mr. CHABOT), who worked tive committees in the House, proc- dous output of work product. essing the second largest number of with us all together on this matter. So I am pleased to make these re- It has been my honor to chair this bills of any committee. It is rare a marks as his term expires. I look for- committee for the last 6 years, but I week goes by that this committee is ward to him working on the Committee can say one of the things that I am not on the floor of the House consid- on the Judiciary in future sessions of most proud of is the fact that, where it ering frequently complex and signifi- Congress. has been possible, I have been able to cant legislation that impacts the lives With that, Mr. Speaker, I am pleased reach across the aisle and work with of millions of Americans. to announce there are no further re- my friend from Michigan, and I think There is no question that Mr. SEN- quests for time, and I yield back the that he and I have each directed our re- SENBRENNER has led the committee balance of my time. spective staffs to do the same thing, firmly and fairly at all times during Mr. SENSENBRENNER. Mr. Speak- and we can be proud of what we have his chairmanship, but there are three er, I yield myself the balance of the done not only in this Congress but in things that I would like the record to time. the previous two Congresses. And al- reflect. Mr. Speaker, I deeply appreciate the though our roles will be kind of re- The first is his tireless advocacy for words of my friend and colleague, the versed in the next Congress, I look for- the jurisdiction of the Committee on gentleman from Michigan (Mr. CON- ward to continuing to build on that co- the Judiciary. Our rule X jurisdiction YERS). operation so that the country knows ranges far and wide, and Chairman This is kind of a tough act to follow, that the Judiciary Committee not only SENSENBRENNER has been a constant but I would like to state for the record is the place to be at, but it is the folks advocate in protecting our legislative that the Judiciary Committee, because that get things done. prerogatives, and I can assure him that it has such a vast jurisdiction and an So I thank you very much for your all the members of the Judiciary Com- awful lot of controversial legislation, very, very good comments. You have mittee are very grateful for the zeal in that by working with Mr. CONYERS and been instrumental in putting together which he has conducted that part of his the members of the minority, and hav- that record of accomplishment, and I responsibility. ing the majority and minority staff think we can be proud of what the com- Secondly, the chairman has been a work together, we knew that there mittee has done. strong advocate for antitrust laws and were some philosophical differences on Mr. GRAVES. Mr. Speaker, I proudly rise in for the concept of competition. Time many of the pieces of legislation that support of S. 1998, the Stolen Valor Act. I am and time again, we worked together to could not be bridged without a vig- extremely pleased that this body is able to see that the interests of the American orous debate and votes both in com- consider this bill before we adjourn, because public were put ahead of any special in- mittee and on the floor of the House of recent events in my district and across our na- terests. Representatives. But the cooperation tion have illustrated why Congress must act Finally, I feel very personally affec- and the respect and the trust that we quickly to address the underlying issue of this had across the aisle were able to nar- tionate toward the chairman for the bill. critical role that he has played in the row those differences so that what we Under current law, it is illegal to wear, man- passage of voting rights legislation. It did debate were true differences in ap- ufacture, or sell military decorations without proach and true differences in policy. was the Voting Rights Act of 1965, why legal authorization. However, it is legal, but I initially joined the Judiciary Com- I keep on telling the high school classes that I talk to about what really not ethical, to falsely represent oneself as hav- mittee, that I participated in this vast- goes on here that 95 percent of the bills ing been awarded a decoration or medal of ly and hugely important piece of legis- that we pass are worked out in com- the United States Military. lation. Mr. SENSENBRENNER was not mittee, and the debate and votes on the This legislation will expand the prohibitions there then, but it was when we got floor merely ratify decisions that have listed above to include conducting other trans- around to some reauthorizations that been made earlier in committee. The actions not already illegal without authoriza- his commitment to this constitutional problem is that compromise agree- tion, and falsely representing oneself as hav- concept was as strong as mine. ment, and I would even submit accom- ing been awarded any decoration or medal In 1982, it was his role and commit- plishment, do not get any media atten- authorized by Congress for the Armed Forces ment that helped get the extension of tion. It is allegations of misconduct, or any of the service medals or badges. It also the bill through this body and the actual knock out, drag down fights in increases penalties for violations involving a other body as well, but it was only last those areas that we do have disagree- Distinguished Service Cross, Air Force Cross, year that we were able to begin the ments on that really monopolize the Navy Cross, Silver Star, or Purple Heart. work that got us through the current news media. Every year around Veterans Day—a day extension of legislation. The reason where we honor our Nation’s heroes for their that this was important was that, first b 1615 service and sacrifice—numerous individuals of all, we were able to have the work As a result, people get the wrong im- come out of the woodwork to claim military product of the Committee on the Judi- pression that all we do out here is fight decorations that were not awarded to them.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 9920 E:\CR\FM\K06DE7.114 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8823 This is wholly disrespectful to those who have Sec. 4. Deadline and permanent requirement (B) by striking the comma at the end and been legitimately awarded these high honors for report on educational as- inserting a period; in the line of duty, and dilutes the significance sistance program. (7) by inserting after subparagraph (D) the Sec. 5. Reauthorization of biennial report of following new subparagraph: attached to each lawfully awarded decoration. Advisory Committee on Women ‘‘(E) The spouse or child of a person who— This issue was brought to my attention by Veterans. ‘‘(i) at the time of the Secretary’s deter- veterans in my district, upset about two recent Sec. 6. Parkinson’s Disease research, edu- mination under clause (ii), is a member of cases of ‘‘stolen valor’’ in the state of Missouri. cation, and clinical centers and the Armed Forces who is hospitalized or re- In this instance, a man spoke before a group multiple sclerosis centers of ex- ceiving outpatient medical care, services, or at a Veterans Day event in Chillicothe, Mis- cellence. treatment; souri—in my district—and claimed a Navy Sec. 7. Authorization of major medical facil- ‘‘(ii) the Secretary determines has a total ity leases. disability permanent in nature incurred or Cross that he had not been awarded. A short Sec. 8. Technical and clerical amendments. aggravated in the line of duty in the active while later, a man was arrested at a Marine Sec. 9. Codification of cost-of-living adjust- military, naval, or air service; and Corps League meeting in Saint Louis, Missouri ment provided in Public Law ‘‘(iii) is likely to be discharged or released after claiming a number of decorations includ- 109–361. from such service for such disability.’’; and ing the Navy Cross, which he was not award- SEC. 2. EXTENSION OF CERTAIN EXPIRING PRO- (8) by striking ‘‘arising out of’’ and all that ed. VISIONS OF LAW ADMINISTERED BY follows through the end. Mr. Speaker, the Stolen Valor Act provides THE SECRETARY OF VETERANS AF- (b) CONFORMING AMENDMENTS TO CHAPTER FAIRS. 35.—Chapter 35 of such title is further a solution to address this growing fraud. One (a) AUTHORITY FOR HEALTH CARE FOR PAR- amended as follows: of the great privileges I have had in Congress TICIPATION IN DOD CHEMICAL AND BIOLOGICAL (1) Section 3501(a) is amended by adding at is presenting veterans in my district with their WARFARE TESTING.—Section 1710(e)(3)(D) of the end the following new paragraph: rightfully earned honors and decorations. title 38, United States Code, is amended by ‘‘(12) The term ‘qualifying service’ means Many decorated veterans, when asked about striking ‘‘December 31, 2005’’ and inserting service in the active military, naval, or air their heroic actions, respond that they were ‘‘December 31, 2007’’. service after the beginning of the Spanish- just doing their duty. Mr. Speaker, it is our (b) GRANT AND PER DIEM GRANT ASSIST- American War that did not terminate under ANCE FOR HOMELESS VETERANS.—Section dishonorable conditions.’’. duty to protect the integrity of these decora- 2011(a)(2) of such title is amended by striking (2) Section 3511 is amended— tions reserved to honor the heroic service and ‘‘September 30, 2005’’ and inserting ‘‘Sep- (A) in subsection (a)(1)— sacrifice of our nation’s servicemembers. We tember 30, 2007’’. (i) by striking ‘‘Each eligible person’’ and cannot allow imposters to cheapen the value (c) TREATMENT AND REHABILITATION FOR inserting the following: ‘‘Each eligible per- of these honors, and we cannot allow impost- SERIOUSLY MENTALLY ILL AND HOMELESS son, whether made eligible by one or more of ers to seek fame and fortune from falsehood. VETERANS.—Section 2031(b) of such title is the provisions of section 3501(a)(1) of this I urge my colleagues to join me in supporting amended by striking ‘‘December 31, 2006’’ and title,’’; (ii) by striking ‘‘a period’’ and inserting the passage of S. 1998, the Stolen Valor Act. inserting ‘‘December 31, 2007’’. (d) ADDITIONAL SERVICES FOR HOMELESS ‘‘an aggregate period’’; and Mr. SENSENBRENNER. Mr. Speak- AND SERIOUSLY MENTALLY ILL VETERANS.— (iii) by striking the second sentence; er, I yield back the balance of my time. Section 2033(d) of such title is amended by (B) in subsection (b)— The SPEAKER pro tempore (Mr. striking ‘‘December 31, 2006’’ and inserting (i) in paragraph (2)— KLINE). The question is on the motion ‘‘December 31, 2007’’. (I) by striking ‘‘the provisions of section offered by the gentleman from Wis- (e) ADVISORY COMMITTEE ON HOMELESS VET- 3501(a)(1)(A)(iii) or’’ and inserting ‘‘section’’; consin (Mr. SENSENBRENNER) that the ERANS.—Section 2066(d) of such title is and House suspend the rules and pass the amended by striking ‘‘December 31, 2006’’ and (II) by striking ‘‘or’’ at the end; (ii) in paragraph (3)— Senate bill, S. 1998. inserting ‘‘December 31, 2007’’. (f) GOVERNMENT MARKERS IN PRIVATE (I) by striking ‘‘section 3501(a)(1)(D)’’ and The question was taken; and (two- CEMETERIES.—Section 2306(d)(3) of such title inserting ‘‘subparagraph (D) or (E) of section thirds of those voting having responded is amended by striking ‘‘December 31, 2006’’ 3501(a)(1)’’; and in the affirmative) the rules were sus- and inserting ‘‘December 31, 2007’’. (II) by inserting ‘‘or’’ after the comma at pended and the Senate bill was passed. (g) ADDITIONAL EDUCATIONAL ASSISTANCE the end; and A motion to reconsider was laid on ALLOWANCE FOR WORK-STUDY.—Section (iii) by inserting after paragraph (3) the the table. 3485(a)(4) of such title is amended in subpara- following new paragraph: graphs (A), (C), and (F) by striking ‘‘Decem- ‘‘(4) the parent or spouse from whom such f ber 27, 2006’’ and inserting ‘‘June 30, 2007’’. eligibility is derived based upon subpara- VETERANS PROGRAMS EXTENSION SEC. 3. EXPANSION OF ELIGIBILITY FOR SUR- graph (E) of section 3501(a)(1) of this title no ACT OF 2006 VIVORS’ AND DEPENDENTS’ EDU- longer meets a requirement under clause (i), CATIONAL ASSISTANCE PROGRAM. (ii), or (iii) of that subparagraph,’’; and Mr. BROWN of South Carolina. Mr. (a) EXPANSION OF ELIGIBILITY.—Section (C) by striking subsection (c). Speaker, I move to suspend the rules 3501(a)(1) of title 38, United States Code, is (3) Section 3512 is amended— and pass the bill (H.R. 6342) to amend amended— (A) in subsection (a)— title 38, United States Code, to extend (1) in the matter preceding subparagraph (i) by striking ‘‘an eligible person (within certain expiring provisions of law ad- (A), by striking ‘‘means—’’ and inserting the meaning of section 3501(a)(1)(A) of this ministered by the Secretary of Vet- ‘‘means any of the following:’’; title)’’ and inserting ‘‘an eligible person (2) in each of subparagraphs (A) through whose eligibility is based on the death or dis- erans Affairs, to expand eligibility for (D), by capitalizing the first letter of the ability of a parent or on a parent being listed the Survivors’ and Dependents’ Edu- first word; in one of the categories referred to in section cational Assistance program, and for (3) in subparagraph (A)— 3501(a)(1)(C) of this title’’; and other purposes, as amended. (A) by inserting after ‘‘a person who’’ the (ii) in paragraph (6), by striking ‘‘the pro- The Clerk read as follows: following: ‘‘, as a result of qualifying serv- visions of section 3501(a)(1)(A)(iii)’’ and in- H.R. 6342 ice’’; serting ‘‘a parent being listed in one of the (B) by striking the comma at the end of categories referred to in section Be it enacted by the Senate and House of Rep- clause (i) and inserting ‘‘; or’’; 3501(a)(1)(C)’’; resentatives of the United States of America in (C) by striking ‘‘, or’’ at the end of clause (B) in subsection (b)— Congress assembled, (ii) and inserting a period; and (i) in paragraph (1)(A)— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (D) by striking clause (iii); (I) by inserting after ‘‘section 3501(a)(1) of (a) SHORT TITLE.—This Act may be cited as (4) in subparagraph (B) by striking the this title’’ the following: ‘‘or a person made the ‘‘Veterans Programs Extension Act of comma at the end and inserting the fol- eligible by the disability of a spouse under 2006’’. lowing: ‘‘sustained during a period of quali- section 3501(a)(1)(E) of this title’’; and (b) TABLE OF CONTENTS.—The table of con- fying service.’’; (II) by striking ‘‘or 3501(a)(1)(D)(ii) of this tents of this Act is as follows: (5) in subparagraph (C)— title’’ and inserting ‘‘3501(a)(1)(D)(ii), or Sec. 1. Short title; table of contents. (A) by inserting ‘‘or child’’ after ‘‘the 3501(a)(1)(E) of this title’’; Sec. 2. Extension of certain expiring provi- spouse’’; and (ii) in paragraph (1)(B), by adding at the sions of law administered by (B) by striking ‘‘, or’’ at the end and insert- end the following new clause: the Secretary of Veterans Af- ing a period; ‘‘(iii) The date on which the Secretary no- fairs. (6) in subparagraph (D)— tifies the member of the Armed Forces from Sec. 3. Expansion of eligibility for Sur- (A) in clause (i), by inserting before the whom eligibility is derived that the member vivors’ and Dependents’ Edu- comma the following: ‘‘sustained during a has a total disability permanent in nature cational Assistance program. period of qualifying service’’; and incurred or aggravated in the line of duty in

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.072 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8824 CONGRESSIONAL RECORD — HOUSE December 6, 2006 the active military, naval, or air service.’’; SEC. 6. PARKINSON’S DISEASE RESEARCH, EDU- health-care facility and of the affiliated and CATION, AND CLINICAL CENTERS school or schools to advise the directors of (iii) in paragraph (2)— AND MULTIPLE SCLEROSIS CEN- such facility and such center on policy mat- (I) by striking ‘‘or (D) of this title’’ and in- TERS OF EXCELLENCE. ters pertaining to the activities of the center (a) REQUIREMENT FOR ESTABLISHMENT OF serting ‘‘(D), or (E) of this title’’; and during the period of the operation of such CENTERS.— (II) by inserting ‘‘whose eligibility is based center. (1) IN GENERAL.—Subchapter II of chapter on the death or disability of a spouse or on ‘‘(D) The capability to conduct effectively 73 of title 38, United States Code, is amended a spouse being listed in one of the categories evaluations of the activities of such center. by adding at the end the following new sec- referred to in section 3501(a)(1)(C) of this ‘‘(E) The capability to coordinate (as part tions: title’’ after ‘‘of this title)’’; of an integrated national system) education, (C) in subsection (d), by striking ‘‘veteran’’ ‘‘§ 7329. Parkinson’s Disease research, edu- clinical, and research activities within all fa- and inserting ‘‘person’’; and cation, and clinical centers cilities with such centers. (D) in subsection (e)— ‘‘(a) ESTABLISHMENT OF CENTERS.—(1) The ‘‘(F) The capability to jointly develop a (i) by inserting ‘‘based on a spouse being Secretary, upon the recommendation of the consortium of providers with interest in listed in one of the categories referred to in Under Secretary for Health, shall designate treating neurodegenerative diseases, includ- section 3501(a)(1)(C) of this title’’ after ‘‘of not less than six Department health-care fa- ing Parkinson’s Disease and other movement this title’’; cilities as the locations for centers of Par- disorders, at facilities without such centers (ii) by inserting ‘‘so’’ after ‘‘the spouse kinson’s Disease research, education, and in order to ensure better access to state-of- was’’; and clinical activities. the-art diagnosis, care, and education for (iii) by striking ‘‘by the Secretary’’ and all ‘‘(2) Subject to the appropriation of suffi- neurodegenerative disorders throughout the that follows through ‘‘occurs’’. cient funds for such purpose, the Secretary health care system of the Department. (4) Section 3540 is amended by striking ‘‘(as shall establish and operate centers of Par- ‘‘(G) The capability to develop a national defined in subparagraphs (A), (B), and (D) of kinson’s Disease research, education, and repository in the health care system of the section 3501(a)(1) of this title)’’ and inserting clinical activities at the locations des- Department for the collection of data on ‘‘(other than a person made eligible under ignated pursuant to paragraph (1) for such health services delivered to veterans seeking subparagraph (C) of such section by reason of centers. care for neurodegenerative diseases, includ- a spouse being listed in one of the categories ‘‘(b) CRITERIA FOR DESIGNATION OF FACILI- ing Parkinson’s Disease, and other move- referred to in that subparagraph)’’. TIES.—(1) In designating Department health- ment disorders. (5) Section 3563 is amended by striking care facilities for centers under subsection ‘‘(d) PEER REVIEW PANEL.—(1) The Under ‘‘each eligible person defined in section (a), the Secretary, upon the recommendation Secretary for Health shall establish a panel 3501(a)(1)(A) of this title’’ and inserting of the Under Secretary for Health, shall as- to assess the scientific and clinical merit of ‘‘each eligible person whose eligibility is sure appropriate geographic distribution of proposals that are submitted to the Sec- based on the death or disability of a parent such facilities. retary for the establishment of centers under ‘‘(2) Except as provided in paragraph (3), or on a parent being listed in one of the cat- this section. the Secretary shall designate as the location egories referred to in section 3501(a)(1)(C) of ‘‘(2)(A) The membership of the panel shall for a center of Parkinson’s Disease research, this title’’. consist of experts in neurodegenerative dis- education, and clinical activities pursuant to eases, including Parkinson’s Disease, and (c) OTHER CONFORMING AMENDMENTS.—Such subsection (a)(1) each Department health- other movement disorders. title is further amended as follows: care facility that as of January 1, 2005, was ‘‘(B) Members of the panel shall serve for a (1) Sections 3686(a)(1) is amended by strik- operating a Parkinson’s Disease research, period of no longer than two years, except as ing ‘‘or (D)’’ and inserting ‘‘(D), or (E)’’. education, and clinical center. specified in subparagraph (C). (2) Section 5113(b)(3) is amended— ‘‘(3) The Secretary may not under sub- ‘‘(C) Of the members first appointed to the (A) in subparagraph (B) by striking ‘‘sec- section (a) designate a facility described in panel, one half shall be appointed for a pe- tion 3501(a)(1)’’ and all that follows through paragraph (2) if (on the recommendation of riod of three years and one half shall be ap- the end and inserting the following: ‘‘sub- the Under Secretary for Health) the Sec- pointed for a period of two years, as des- paragraphs (A), (B), (D), and (E) of section retary determines that such facility— ignated by the Under Secretary at the time 3501(a)(1) of this title.’’; and ‘‘(A) does not meet the requirements of of appointment. (B) in subparagraph (C)— subsection (c); or ‘‘(3) The panel shall review each proposal (i) by striking ‘‘such veteran’s death’’ and ‘‘(B) has not demonstrated— submitted to the panel by the Under Sec- inserting ‘‘the death of the person from ‘‘(i) effectiveness in carrying out the estab- retary and shall submit its views on the rel- whom such eligibility is derived’’; and lished purposes of such center; or ative scientific and clinical merit of each (ii) by striking ‘‘such veteran’s service- ‘‘(ii) the potential to carry out such pur- such proposal to the Under Secretary. ‘‘(4) The panel shall not be subject to the connected total disability permanent in na- poses effectively in the reasonably foresee- Federal Advisory Committee Act. ture’’ and inserting ‘‘the service-connected able future. ‘‘(e) PRIORITY OF FUNDING.—Before pro- ‘‘(c) REQUIREMENTS FOR DESIGNATION.—(1) total disability permanent in nature (or, in viding funds for the operation of a center The Secretary may not designate a Depart- the case of a person made eligible under sec- designated under subsection (a) at a Depart- ment health-care facility as a location for a tion 3501(a)(1)(E), the total disability perma- ment health-care facility other than at a fa- center under subsection (a) unless the peer nent in nature incurred or aggravated in the cility designated pursuant to subsection review panel established under subsection (d) line of duty in the active military, naval, or (b)(2), the Secretary shall ensure that each air service) of the person from whom such has determined under that subsection that Parkinson’s Disease center at a facility des- eligibility is derived’’. the proposal submitted by such facility as a ignated pursuant to subsection (b)(2) is re- location for a new center under subsection (d) EFFECTIVE DATE.—The amendments ceiving adequate funding to enable that cen- (a) is among those proposals that meet the made by this section shall apply with respect ter to function effectively in the areas of highest competitive standards of scientific to a payment of educational assistance for a Parkinson’s Disease research, education, and and clinical merit. clinical activities. course of education pursued after the date of ‘‘(2) The Secretary may not designate a De- the enactment of this Act. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— partment health-care facility as a location There are authorized to be appropriated such SEC. 4. DEADLINE AND PERMANENT REQUIRE- for a center under subsection (a) unless the sums as may be necessary for the support of MENT FOR REPORT ON EDU- Secretary (upon the recommendation of the the research and education activities of the CATIONAL ASSISTANCE PROGRAM. Under Secretary for Health) determines that centers established pursuant to subsection the facility has (or may reasonably be antici- (a) DEADLINE FOR REPORT.—Not later than (a). The Under Secretary for Health shall al- pated to develop) each of the following: six months after the date of the enactment locate to such centers from other funds ap- ‘‘(A) An arrangement with an accredited propriated generally for the Department of this Act, the Secretary of Defense and the medical school that provides education and Secretary of Veterans Affairs shall each sub- medical services account and medical and training in neurology and with which the De- prosthetics research account, as appropriate, mit to Congress a report containing the in- partment health-care facility is affiliated formation specified in subsections (b) and (c) such amounts as the Under Secretary for under which residents receive education and Health determines appropriate. of section 3036 of title 38, United States Code. training in innovative diagnosis and treat- ‘‘(g) AWARD COMPETITIONS.—Activities of (b) REPEAL OF TERMINATION.—Section 3036 ment of chronic neurodegenerative diseases clinical and scientific investigation at each of title 38, United States Code, is amended by and movement disorders, including Parkin- center established under subsection (a) shall striking subsection (d). son’s Disease. be eligible to compete for the award of fund- ‘‘(B) The ability to attract the participa- ing from funds appropriated for the Depart- SEC. 5. REAUTHORIZATION OF BIENNIAL REPORT tion of scientists who are capable of inge- ment medical and prosthetics research ac- OF ADVISORY COMMITTEE ON nuity and creativity in health-care research count. Such activities shall receive priority WOMEN VETERANS. efforts. in the award of funding from such account Section 542(c)(1) of title 38, United States ‘‘(C) An advisory committee composed of insofar as funds are awarded to projects for Code, is amended by striking ‘‘2004’’ and in- veterans and appropriate health-care and re- research in Parkinson’s Disease and other serting ‘‘2008’’. search representatives of the Department movement disorders.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.073 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8825 ‘‘§ 7330. Multiple sclerosis centers of excel- treating multiple sclerosis at facilities with- following major medical facility leases in lence out such centers in order to ensure better ac- fiscal year 2006 at the locations specified, in ‘‘(a) ESTABLISHMENT OF CENTERS.—(1) The cess to state-of-the-art diagnosis, care, and an amount for each lease not to exceed the Secretary, upon the recommendation of the education for autoimmune disease affecting amount specified for that location: Under Secretary for Health, shall designate the central nervous system throughout the (1) For an outpatient clinic, Baltimore, not less than two Department health-care fa- health care system of the Department. Maryland, $10,908,000. cilities as the locations for multiple sclerosis ‘‘(G) The capability to develop a national (2) For an outpatient clinic, Evansville, In- centers of excellence. repository in the health care system of the diana, $8,989,000. ‘‘(2) Subject to the appropriation of suffi- Department for the collection of data on (3) For an outpatient clinic, Smith County, cient funds for such purpose, the Secretary health services delivered to veterans seeking Texas, $5,093,000. shall establish and operate multiple sclerosis care for autoimmune disease affecting the (b) FISCAL YEAR 2007 LEASES.—The Sec- centers of excellence at the locations des- central nervous system. retary of Veterans Affairs may carry out the ignated pursuant to paragraph (1) for such ‘‘(d) PEER REVIEW PANEL.—(1) The Under following major medical facility leases in centers. Secretary for Health shall establish a panel fiscal year 2007 at the locations specified, in ‘‘(b) CRITERIA FOR DESIGNATION OF FACILI- to assess the scientific and clinical merit of an amount for each lease not to exceed the TIES.—(1) In designating Department health- proposals that are submitted to the Sec- amount specified for that location: care facilities for centers under subsection retary for the establishment of centers under (1) For an outpatient and specialty care (a), the Secretary, upon the recommendation this section. clinic, Austin, Texas, $6,163,000. of the Under Secretary for Health, shall as- ‘‘(2)(A) The membership of the panel shall (2) For an outpatient clinic, Lowell, Massa- sure appropriate geographic distribution of consist of experts in autoimmune disease af- chusetts, $2,520,000. such facilities. fecting the central nervous system. (3) For an outpatient clinic, Grand Rapids, ‘‘(2) Except as provided in paragraph (3), ‘‘(B) Members of the panel shall serve for a Michigan, $4,409,000. the Secretary shall designate as the location period of no longer than two years, except as (4) For up to four outpatient clinics, Las for a multiple sclerosis center of excellence specified in subparagraph (C). Vegas, Nevada, $8,518,000. pursuant to subsection (a)(1) each Depart- ‘‘(C) Of the members first appointed to the (5) For an outpatient clinic, Parma, Ohio, ment health-care facility that as of January panel, one half shall be appointed for a pe- $5,032,000. 1, 2005, was operating a multiple sclerosis riod of three years and one half shall be ap- (c) AUTHORIZATION OF APPROPRIATIONS FOR center of excellence. pointed for a period of two years, as des- MAJOR MEDICAL FACILITY LEASES.— ‘‘(3) The Secretary may not under sub- ignated by the Under Secretary at the time (1) FISCAL YEAR 2006 LEASES.—There is au- section (a) designate a facility described in of appointment. thorized to be appropriated for the Secretary paragraph (2) if (on the recommendation of ‘‘(3) The panel shall review each proposal of Veterans Affairs for fiscal year 2006 for the the Under Secretary for Health) the Sec- submitted to the panel by the Under Sec- Medical Care account, $24,990,000 for the retary and shall submit its views on the rel- retary determines that such facility— leases authorized in subsection (a). ative scientific and clinical merit of each ‘‘(A) does not meet the requirements of (2) FISCAL YEAR 2007 LEASES.—There is au- subsection (c); or such proposal to the Under Secretary. ‘‘(4) The panel shall not be subject to the thorized to be appropriated for the Secretary ‘‘(B) has not demonstrated— Federal Advisory Committee Act. of Veterans Affairs for fiscal year 2007 for the ‘‘(i) effectiveness in carrying out the estab- ‘‘(e) PRIORITY OF FUNDING.—Before pro- Medical Care account, $26,642,000 for the lished purposes of such center; or viding funds for the operation of a center leases authorized in subsection (b). ‘‘(ii) the potential to carry out such pur- designated under subsection (a) at a Depart- SEC. 8. TECHNICAL AND CLERICAL AMEND- poses effectively in the reasonably foresee- ment health-care facility other than at a fa- MENTS. able future. cility designated pursuant to subsection (a) TITLE 38, UNITED STATES CODE.—Title ‘‘(c) REQUIREMENTS FOR DESIGNATION.—(1) (b)(2), the Secretary shall ensure that each 38, United States Code, is amended as fol- The Secretary may not designate a Depart- multiple sclerosis center at a facility des- lows: ment health-care facility as a location for a ignated pursuant to subsection (b)(2) is re- (1) CITATION CORRECTION.—Section 1718(c)(2) center under subsection (a) unless the peer ceiving adequate funding to enable that cen- is amended by inserting ‘‘of 1938’’ after review panel established under subsection (d) ter to function effectively in the areas of ‘‘Act’’. has determined under that subsection that multiple sclerosis research, education, and (2) CITATION CORRECTION.—Section the proposal submitted by such facility as a clinical activities. 1785(b)(1) is amended by striking ‘‘Robert B.’’ location for a new center under subsection ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— and inserting ‘‘Robert T.’’. (a) is among those proposals that meet the There are authorized to be appropriated such (3) PUNCTUATION CORRECTION.—Section highest competitive standards of scientific sums as may be necessary for the support of 2002(1) is amended by inserting a closing pa- and clinical merit. the research and education activities of the renthesis before the period at the end. ‘‘(2) The Secretary may not designate a De- centers established pursuant to subsection (4) PUNCTUATION CORRECTION.—Section partment health-care facility as a location (a). The Under Secretary for Health shall al- 2011(a)(1)(C) is amended by inserting a period for a center under subsection (a) unless the locate to such centers from other funds ap- at the end. Secretary (upon the recommendation of the propriated generally for the Department (5) CROSS REFERENCE CORRECTION.—Section Under Secretary for Health) determines that medical services account and medical and 2041(a)(3)(A)(i) is amended by striking ‘‘under the facility has (or may reasonably be antici- prosthetics research account, as appropriate, this chapter’’ and inserting ‘‘established pated to develop) each of the following: such amounts as the Under Secretary for under section 3722 of this title’’. ‘‘(A) An arrangement with an accredited Health determines appropriate. (6) CITATION CORRECTION.—Section medical school that provides education and ‘‘(g) AWARD COMPETITIONS.—Activities of 8111(b)(1) is amended by striking ‘‘into the training in neurology and with which the De- clinical and scientific investigation at each strategic’’ and all that follows through ‘‘and partment health-care facility is affiliated center established under subsection (a) shall Results Act of 1993’’ and inserting ‘‘into the under which residents receive education and be eligible to compete for the award of fund- strategic plan of each Department under sec- training in innovative diagnosis and treating from funds appropriated for the Depart- tion 306 of title 5 and the performance plan ment of chronic neurodegenerative diseases, ment medical and prosthetics research ac- of each Department under section 1115 of including multiple sclerosis. count. Such activities shall receive priority title 31’’. ‘‘(B) The ability to attract the participa- in the award of funding from such account (7) REPEAL OF OBSOLETE TEXT.—Section tion of scientists who are capable of inge- insofar as funds are awarded to projects for 8111 is further amended— nuity and creativity in health-care research research in multiple sclerosis and other (A) in subsection (d)(2), by striking ‘‘effec- efforts. neurodegenerative disorders.’’. tive October 1, 2003,’’; and ‘‘(C) An advisory committee composed of (2) CLERICAL AMENDMENT.—The table of (B) in subsection (e)(2)— veterans and appropriate health-care and re- sections at the beginning of such chapter is (i) in the second sentence, by striking search representatives of the Department amended by inserting after the item relating ‘‘shall be implemented no later than October health-care facility and of the affiliated to section 7328 the following new items: 1, 2003, and’’; and school or schools to advise the directors of ‘‘7329. Parkinson’s Disease research, edu- (ii) in the third sentence, by striking ‘‘, fol- such facility and such center on policy mat- cation, and clinical centers. lowing implementation of the schedule,’’. ters pertaining to the activities of the center ‘‘7330. Multiple sclerosis centers of excel- (8) CITATION CORRECTION.—Section during the period of the operation of such lence.’’. 8111A(a)(2)(B)(i) is amended by striking center. (b) EFFECTIVE DATE.—Section 7329 and 7330 ‘‘Robert B.’’ and inserting ‘‘Robert T.’’. ‘‘(D) The capability to conduct effectively of title 38, United States Code, as added by (b) PUBLIC LAW 107–296.—Effective as of No- evaluations of the activities of such center. subsection (a), shall take effect at the end of vember 25, 2002, section 1704(d) of the Home- ‘‘(E) The capability to coordinate (as part the 30-day period beginning on the date of land Security Act of 2002 (Public Law 107–296; of an integrated national system) education, the enactment of this Act. 116 Stat. 2315) is amended— clinical, and research activities within all fa- SEC. 7. AUTHORIZATION OF MAJOR MEDICAL FA- (1) by striking ‘‘101(25)(d)’’ and inserting cilities with such centers. CILITY LEASES. ‘‘101(25)(D)’’; and ‘‘(F) The capability to jointly develop a (a) FISCAL YEAR 2006 LEASES.—The Sec- (2) by striking ‘‘3011(a)(1)(A)(ii)(II)’’ and in- consortium of providers with interest in retary of Veterans Affairs may carry out the serting ‘‘3011(a)(1)(A)(ii)(III)’’.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.073 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8826 CONGRESSIONAL RECORD — HOUSE December 6, 2006 SEC. 9. CODIFICATION OF COST-OF-LIVING AD- ‘‘Pay Monthly Pay grade Monthly rate sory Committee on Homeless Veterans, JUSTMENT PROVIDED IN PUBLIC grade rate and a program to provide government LAW 109–361. (a) VETERANS’ DISABILITY COMPENSATION.— E–6 ...... $1,067 O–5 ...... $1,452 markers for veterans interred in pri- Section 1114 of title 38, United States Code, E–7 ...... $1,104 O–6 ...... $1,637 vate cemeteries. is amended— E–8 ...... $1,165 O–7 ...... $1,768 The expiring authority allowing vet- (1) in subsection (a), by striking ‘‘$112’’ and E–9 ...... $1,2151 O–8 ...... $1,941 erans in the VA study program to as- inserting ‘‘$115’’; W–1 ...... $1,128 O–9 ...... $2,076 sist VA and other government agencies (2) in subsection (b), by striking ‘‘$218’’ and W–2 ...... $1,172 O–10 ...... 2 $2,276 would be extended until June 30, 2007. inserting ‘‘$225’’; W–3 ...... $1,207 ...... The work-study program is an increas- (3) in subsection (c), by striking ‘‘$337’’ and 1 If the veteran served as Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief ingly popular benefit that provides vet- inserting ‘‘$348’’; Master Sergeant of the Air Force, Sergeant Major erans with an alternative use of their (4) in subsection (d), by striking ‘‘$485’’ and of the Marine Corps, or Master Chief Petty Officer GI bill if they choose not to go to col- inserting ‘‘$501’’; of the Coast Guard, at the applicable time des- (5) in subsection (e), by striking ‘‘$690’’ and ignated by section 1302 of this title, the surviving lege. spouse’s rate shall be $1,312. Mr. Speaker, section 3 of the legisla- inserting ‘‘$712’’; 2 If the veteran served as Chairman or Vice Chair- (6) in subsection (f), by striking ‘‘$873’’ and man of the Joint Chiefs of Staff, Chief of Staff of tion contains provisions to authorize the Army, Chief of Naval Operations, Chief of Staff VA to provide educational benefits inserting ‘‘$901’’; of the Air Force, Commandant of the Marine Corps, (7) in subsection (g), by striking ‘‘$1,099’’ or Commandant of the Coast Guard, at the applica- under chapter 35 to spouses and de- and inserting ‘‘$1,135’’; ble time designated by section 1302 of this title, the pendent children of severely injured surviving spouse’s rate shall be $2,443.’’. (8) in subsection (h), by striking ‘‘$1,277’’ servicemembers prior to the member’s and inserting ‘‘$1,319’’; (3) ADDITIONAL DIC FOR CHILDREN OR DIS- discharge. These are servicemembers (9) in subsection (i), by striking ‘‘$1,436’’ ABILITY.—Such section is further amended— who, in the opinion of the VA, will and inserting ‘‘$1,483’’; (A) in subsection (b), by striking ‘‘$257’’ most likely be discharged with perma- (10) in subsection (j), by striking ‘‘$2,393’’ and inserting ‘‘$265’’; nent and total service-connected dis- and inserting ‘‘$2,471’’; (B) in subsection (c), by striking ‘‘$257’’ (11) in subsection (k)— and inserting ‘‘$265’’; and abilities. Given the long convalescence (A) by striking ‘‘$87’’ both places it appears (C) in subsection (d), by striking ‘‘$122’’ many of our severely injured service- and inserting ‘‘$89’’; and and inserting ‘‘$126’’. members experience while being re- (B) by striking ‘‘$2,977’’ and ‘‘$4,176’’ and (e) DEPENDENCY AND INDEMNITY COMPENSA- tained on active duty, we believe it inserting ‘‘$3,075’’ and ‘‘$4,313’’, respectively; TION FOR CHILDREN.— makes no sense to delay a spouse’s (12) in subsection (l), by striking ‘‘$2,977’’ (1) DIC WHEN NO SURVIVING SPOUSE.—Sec- ability to get the education and train- and inserting ‘‘$3,075’’; tion 1313(a) of such title is amended— ing that may be needed to help support (A) in paragraph (1), by striking ‘‘$438’’ and (13) in subsection (m), by striking ‘‘$3,284’’ the family. Mr. Speaker, these spouses and inserting ‘‘$3,392’’; inserting ‘‘$452’’; (14) in subsection (n), by striking ‘‘$3,737’’ (B) in paragraph (2), by striking ‘‘$629’’ and are just as heroic as the wounded war- and inserting ‘‘$3,860’’; inserting ‘‘$649’’; riors they support. This is not a new (15) in subsections (o) and (p), by striking (C) in paragraph (3), by striking ‘‘$819’’ and benefit. Current law requires severely ‘‘$4,176’’ each place it appears and inserting inserting ‘‘$846’’; and injured servicemembers to already be ‘‘$4,313’’; (D) in paragraph (4), by striking ‘‘$819’’ and discharged from the condition qualified (16) in subsection (r)— ‘‘$157’’ and inserting ‘‘$846’’ and ‘‘$162’’, re- for the chapter 35 benefit; we would (A) in paragraph (1), by striking ‘‘$1,792’’ spectively. merely authorize VA to pay benefits and inserting ‘‘$1,851’’; and (2) SUPPLEMENTAL DIC FOR CERTAIN CHIL- sooner to those who would qualify fol- (B) in paragraph (2), by striking ‘‘2,669’’ DREN.—Section 1314 of such title is amended— lowing discharge. and inserting ‘‘$2,757’’; and Mr. Speaker, the following provisions (17) in subsection (s), by striking ‘‘$2,678’’ (A) in subsection (a), by striking ‘‘$257’’ and inserting ‘‘$2,766’’. and inserting ‘‘$265’’; are in addition to those in H.R. 6314. (b) ADDITIONAL COMPENSATION FOR DEPEND- (B) in subsection (b), by striking ‘‘$438’’ The bill would reauthorize the require- ENTS.—Section 1115(1) of such title is amend- and inserting ‘‘$452’’; and ments of the Secretary of Defense and ed— (C) in subsection (c), by striking ‘‘$218’’ and the Secretary of Veterans Affairs to (1) in subparagraph (A), by striking ‘‘$135’’ inserting ‘‘$225’’. each submit a report to Congress on and inserting ‘‘$139’’; The SPEAKER pro tempore. Pursu- use of educational assistance programs (2) in subparagraph (B), by striking ‘‘$233’’ ant to the rule, the gentleman from by veterans and servicemembers. It and ‘‘$68’’ and inserting ‘‘$240’’ and ‘‘$70’’, re- South Carolina (Mr. BROWN) and the would also reauthorize the biennial respectively; (3) in subparagraph (C), by striking ‘‘$91’’ gentleman from California (Mr. FIL- port on women veterans. The bill would and ‘‘$68’’ and inserting ‘‘$94’’ and ‘‘$70’’, re- NER) each will control 20 minutes. permanently authorize six Parkinson’s spectively; The Chair recognizes the gentleman disease research education and clinical (4) in subparagraph (D), by striking ‘‘$109’’ from South Carolina. centers. Parkinson’s disease affects as and inserting ‘‘$112’’; Mr. BROWN of South Carolina. Mr. many as 1.5 million Americans. While (5) in subparagraph (E), by striking ‘‘$257’’ Speaker, I yield myself such time as I treatment exists, we are still searching and inserting ‘‘$265’’; and may consume. for a cure. Currently, VA has six of (6) in subparagraph (F), by striking ‘‘$215’’ Mr. Speaker, today I rise to urge my these centers. They give researchers and inserting ‘‘$222’’. colleagues to pass H.R. 6342, the Vet- the ability to see results rapidly and (c) CLOTHING ALLOWANCE FOR CERTAIN DIS- erans Programs Extension Act of 2006, put their knowledge to use helping pa- ABLED VETERANS.—Section 1162 of such title a bill that would extend several exist- is amended by striking ‘‘$641’’ and inserting tients. These centers work with other ‘‘$662’’. ing Department of Veterans Affairs VA clinical centers in the treatment of (d) DEPENDENCY AND INDEMNITY COMPENSA- benefit provisions. This bill has similar tens of thousands of veterans with Par- TION FOR SURVIVING SPOUSES.— provisions as passed by the House of kinson’s disease. This language was in- (1) NEW LAW DIC.—Subsection (a) of section Representatives in H.R. 6314 on Novem- cluded in H.R. 1220, as amended, which 1311 of such title is amended— ber 14, 2006, but also has additional pro- passed the House of Representatives on (A) in paragraph (1), by striking ‘‘$1,033’’ visions negotiated between the House July 13, 2005. and inserting ‘‘$1,067’’; and and the Senate. In addition, the bill also codifies two (B) in paragraph (2), by striking ‘‘$221’’ and As in H.R. 6314, the bill would reau- existing multiple sclerosis centers. The inserting ‘‘$228’’. thorize health care services for vet- (2) OLD LAW DIC.—The table in paragraph bill also would authorize major med- (3) of such subsection is amended to read as erans exposed to chemical and biologi- ical facility leases similar to H.R. 5815 follows: cal testings under Project 112 and which passed the House on September SHAD, and extends treatment and re- 16, 2006. habilitation programs for seriously Finally, the bill makes technical and ‘‘Pay Monthly Pay grade Monthly rate grade rate mentally ill and homeless veterans clerical amendments to title 38, and until December 31, 2007. The bill also E–1 ...... $1,067 W–4 ...... $1,276 codifies the payment amount of the al- E–2 ...... $1,067 O–1 ...... $1,128 extends VA grants and per diem pro- ready enacted Veterans Disability E–3 ...... $1,067 O–2 ...... $1,165 grams for homeless veterans until Sep- Compensation COLA. E–4 ...... $1,067 O–3 ...... $1,246 tember 30, 2007. Further, it would ex- Mr. Speaker, I reserve the balance of E–5 ...... $1,067 O–4 ...... $1,319 tend until December 31, 2007 VA’s Advi- my time.

VerDate Aug 31 2005 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.073 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8827 Mr. FILNER. Mr. Speaker, I yield Thank you for recognizing the benefits members by providing education bene- myself as much time as I may con- provided to veterans fighting Parkinson’s fits to eligible spouses and dependent sume. disease and MS through the VA PADRECCs children before these servicemembers I am also pleased to rise in support of and MSCoEs. We appreciate your efforts to are actually released from military H.R. 6342, which would, as we have ensure the highest level of care and hopeful research for our returning veterans. service. The bill also gives urgently heard from Chairman Brown, extend AMY C. COMSTOCK, needed authorization for VA outpatient expired and expiring authorizations for Chief Executive Offi- clinics across the Nation. Department of Veterans Affairs pro- cer, Parkinson’s Ac- The number of women veterans will grams, expand eligibility for survivor tion Network. increase in the coming years. Thirteen and dependent educational assistance, JOYCE NELSON, percent of the veterans from Iraq and and authorize leases for VA medical fa- President and CEO, Afghanistan who have turned to VA for cilities. This bill will permanently es- National Multiple Sclerosis Society. health care are women, and 11 percent tablish Parkinson’s Disease research, of the troops deployed there are education, and clinical care centers, as THOMAS R. SWIFT, MD, women. This bill makes sure that Con- well as multiple sclerosis centers of ex- FAAN, President, American gress receives the report and rec- cellence. Academy of Neu- Mr. Speaker, I include for the ommendations of the VA Advisory rology. Committee on Women’s Veterans RECORD letters of support for this bill CARL BLAKE, from the Parkinson’s Action Network, which can help guide our actions and Acting National Legis- oversight of VA’s capacity to address American Academy of Neurology, the lative Director, Par- National Multiple Sclerosis Society, alyzed Veterans of the unique needs of these veterans. and the Paralyzed Veterans of Amer- America. I would be remiss if I failed to ac- ica. Mr. FILNER. Mr. Speaker, I want to knowledge that we are ending this Con- DECEMBER 5, 2006. thank the gentleman from Indiana (Mr. gress, apparently, without passing a Hon. STEVE BUYER, BUYER), the chairman of our com- funding bill for the VA, as for much of Chairman, Veterans’ Affairs Committee, Wash- mittee, and our colleagues in the Sen- the government. Yes, we will pass a ington, DC. ate, Chairman CRAIG and Ranking continuing resolution to keep all the Hon. LANE EVANS, hospitals, regional offices, and other Ranking Member, Veterans’ Affairs Committee, Member AKAKA, for coming together to craft this bill that will pass both services operating, but we are short- Washington, DC. changing veterans, Mr. Speaker, by not DEAR CHAIRMAN BUYER AND RANKING MEM- Chambers before we recess. BER EVANS: On behalf of American veterans As this may be our last bill of this passing the appropriations bill for the and all those who struggle with the effects of term in Congress in the Veterans Com- Veterans Administration. The delay in multiple sclerosis (MS) and Parkinson’s dis- mittee, I want to say a special thank- an increase in VA’s funding for fiscal ease (PD), we appreciate your strong leader- year 2007 means that the VA medical ship in protecting the Veterans Affairs Mul- you to Ranking Member LANE EVANS for his work on behalf of veterans. As directors are forced to put on hold a tiple Sclerosis Centers of Excel1ence whole variety of necessary expendi- (MSCoE) and Parkinson’s Disease Research, we all know, he is retiring at the end of Education and Clinical Centers (PADRECCs). this session, but for more than two dec- tures, from the hiring of needed staff to We commend you for working to enact legis- ades here in Congress he has been a te- care for our veterans, to the mainte- lation that will formally establish the nacious and indispensable voice for our nance and repair of their buildings. As MSCoEs and PADRECCs for the first time in Nation’s veterans. He has championed a result, veterans access to needed statute. We believe that this bill must be en- services suffers, and VA staff is acted to ensure that the PADRECCs and the needs of veterans exposed to Agent Orange, homeless veterans, veterans stretched even more thin in providing MSCoEs will continue providing valuable quality care. services to veteran patients, family mem- who return from war with post-trau- bers, and the entire Parkinson’s disease and matic stress disorder, and he has This failure to pass a budget is a MS communities. helped untold number of veterans. He clear illustration of the need for man- Significant contributions have been made will be missed by all of us as we move datory or assured funding of VA health by the Centers in research, education, and into the next session of Congress. care, and for the past 14 years I have clinical care that benefit all Americans im- As we have heard, this bill before us been a firm supporter of this method of pacted by PD and MS. The MSCoEs and funding the VA. I agree with those vet- PADRECCs support a range of programs in- today permanently establishes VA’s cluding state-of-the-art clinical care, basic Parkinson’s Disease Centers and VA’s eran service organizations who have research into the causes of disease, clinical Multiple Sclerosis Centers of Excel- proposed that funding for veterans research into better treatments, behavioral lence. The work of these centers has health care be mandatory. If we are un- research about effective education strategies benefited more than 80,000 veterans able to pass adequate and timely fund- for MS and Parkinson’s patients and pro- across our Nation. I am proud that the ing, timely funding, Mr. Speaker, to viders, and population level research into the VA medical facility in San Diego, meet the health care of veterans, then needs of patients and the effectiveness of the we need to look seriously at alternate care delivery system. which I represent, is affiliated with the Our organizations have recognized the VA’s Southwestern Parkinson’s Re- ways to ensure adequate funding for record of leadership that has been provided search Center in Los Angeles. Not only the health care of our veterans. by the PADRECCs and MSCoE in the fight do these centers conduct ground- Unfortunately, we have also not com- against Parkinson’s and MS. Approximately breaking research, they also advance pleted our work in authorizing needed 25,000 veterans have MS and require special- the State’s clinical and rehabilitative veterans programs. We must honor our ized care that is best provided by having veterans and make sure that our recent leaders in the field directing that care at a care. The innovations and rehabilita- national level. In addition, through the six tion designed for veterans who are bat- veterans who have returned from Iraq PADRECCs and the National VA Parkinson’s tling chronic disorders may also yield and Afghanistan receive the benefits Disease Consortium, the VA is able to treat gains and care for veterans with trau- and services that they need to transi- more than 79,000 veterans with Parkinson’s matic brain injury. The good work of tion back to civilian life. disease. The efforts of these Centers are the these centers must continue. Through For example, I think we owe it to our model of innovation in the delivery of health this legislation we are sending a clear newest veterans to modernize the GI care and research for progressive disease in the veteran population. signal that the VA must continue to bill, especially including meaningful We appreciate your efforts to ensure that fund and support the clinical and the benefits for the Guard and Reserve the Veterans Programs Extension Act of 2006 research work done at all the existing units who have taken such a heavy (H.R. 6342) will be voted on by both the centers. load of the fighting in Iraq. We must House of Representatives and Senate before In addition, this bill authorizes VA increase VA’s capacity to meet the re- Congress adjourns in December. We look for- programs for homeless veterans and habilitation and lifelong care needs of ward to enactment of this bill that is so im- veterans with traumatic brain injury. portant to all those who struggle with the veterans who need mental health care. devastating effects of MS and Parkinson’s I am proud and I am also grateful that While VA has a strong mental health disease, many of whom are American vet- this legislation will help the families of care program, many of our returning erans. these very severely wounded service- veterans are falling through the

VerDate Aug 31 2005 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.119 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8828 CONGRESSIONAL RECORD — HOUSE December 6, 2006 cracks, and we have gaps in those serv- Mr. MILLER, and the ranking members Parkinson’s disease. This issue is par- ices. We must strengthen VA’s capac- of the committee, Ms. HERSETH, Ms. ticularly important to all of us because ity to help veterans with post-trau- BERKLEY, Mr. MICHAUD and Mr. STRICK- it is of particular importance to Mr. matic stress disorder and other mental LAND during these negotiations and EVANS. health concerns. The recent GAO re- this Congress. Passage of these provisions will port, which found that the VA did not Together we have forged a bipartisan honor his long congressional service to spend funds on promised mental health path for veterans legislation and fund- our Nation’s veterans. It is a lasting initiatives, raises serious questions ing to provide our Nation’s heroes with legacy to Mr. EVANS and for those who about VA’s lack of accountability, a much-needed health care and benefits. suffer from the effects of Parkinson’s lack of accountability that was not I also want to recognize the leader- disease. really looked into by the previous Con- ship and cooperation of the acting Veterans in my Las Vegas district gress. We must ensure that VA does ranking member, Mr. FILNER, and of benefit from the affiliation that Las not ignore gaps in its capacity to help the ranking member Mr. EVANS. Vegas VA facilities have with the veterans recover from psychological Chairman BUYER also expressed his Southwestern PADRECC, which pro- wounds. appreciation for the cooperation of vides treatment for Parkinson’s disease Senator CRAIG and Senator AKAKA, as and is located at the West Los Angeles b 1630 well as the staff from the Senate and VA Medical Center. As we work to address the emerging the House Committees on Veterans’ Af- This legislation also includes author- issues for veterans returning from Iraq fairs in drafting this legislation. ization for four clinics in Las Vegas and Afghanistan, we must also con- I urge my colleagues to support pas- which have leases that will soon expire. tinue to press VA to meet the health sage of the bill before us and ask for it While I am pleased to see these leases care needs of veterans exposed to to be expedited as quickly as possible renewed, and nobody knows better Agent Orange, atomic testing and vet- to the Senate for their consideration. than Mr. FILNER the needs of our veterans still struggling with a range of GENERAL LEAVE erans in the Las Vegas area that I rep- Gulf War illnesses. Mr. BROWN of South Carolina. Mr. resent, this bill was to contain a $406 In addition, we must maintain keen Speaker, I ask unanimous consent that million authorization for a new VA oversight to ensure that the laws we all Members be provided 5 days in medical center in Las Vegas on which have passed are yielding the outcomes which to revise and extend their re- we broke ground in October. My vet- Congress intended. We also must be marks on H.R. 6342. erans desperately need this facility. vigilant to ensure that the The SPEAKER pro tempore. Is there Las Vegas has the fastest growing vet- vulnerabilities in VA information tech- objection to the request of the gen- erans population in the United States nology are addressed, and we will cer- tleman from South Carolina? but does not have a VA medical center tainly continue this oversight in the There was no objection. or a hospital. next Congress. Mr. BROWN of South Carolina. Mr. At a time of war and when we are Today’s bill keeps VA’s homeless Speaker, I yield back the balance of seeing new veterans returning home grant and per diem program authorized my time. from Iraq and Afghanistan, there is through the end of next year. This is a Mr. FILNER. Mr. Speaker, I yield simply no excuse for failing to reach an good program, but it only helps a frac- such time as she may consume to Ms. agreement on important veterans tion of the homeless veterans on the BERKLEY, the fighting congresswoman issues. I hope and I am cautiously opti- streets. We have already seen returning for Nevada’s veterans. mistic that we will be able to pass a from Iraq and Afghanistan veterans Ms. BERKLEY. Mr. Speaker, I would VA construction bill before we adjourn who have become homeless, almost 600 also like to add my thanks to Chair- later this week. of them. We must act to prevent and man BUYER, Ranking Member EVANS, With that, I would like to thank end homelessness for all veterans. and of course Acting Ranking Member Chairman BUYER again and the acting In addition, many veterans are from FILNER for moving forward on this bill. ranking member, Mr. FILNER, for their small towns and rural areas. We must This legislation would extend a num- extraordinary work on behalf of our work to improve their access to VA ber of important provisions that would veterans and urge passage of this legis- care. In my district, most of the entire otherwise expire. I want to particularly lation. Imperial County can be classified as mention a provision in this legislation Mr. FILNER. Mr. Speaker, before we rural. There are no real services pro- which extends through December 31, adjourn, I hope we do authorize con- vided to them as they seek care. So we 2007, the Department of Veterans Af- struction of that hospital in Las Vegas. need to acknowledge some of these fairs’ authority to provide a grave If for some reason it doesn’t happen, we gaps, we need to acknowledge these marker or headstone when a veteran is will try to do it very quickly next year. problems, and try to address them in buried in a marked grave. Veterans Mr. Speaker, I yield the balance of the next Congress. who served our Nation honorably my time to the gentleman from Maine Finally, I would like to thank all of should not lose their eligibility for rec- (Mr. MICHAUD). the staff of the VA Committee on both ognition in death merely because the Mr. MICHAUD. Mr. Speaker, I thank the Democratic and Republican sides grave in which they are buried has a the ranking member for yielding me for their diligence and dedication in nonmilitary marker. this time. serving our Nation’s veterans. We ap- I have a long record of interest in im- Mr. Speaker, I rise today in support preciate their work. While we have a proving the burial benefits provided to of H.R. 6342. I commend Chairman lot of work to do in the coming years, our Nation’s veterans, and this provi- BUYER and the ranking member, Mr. this is a good bill. I urge my colleagues sion is certainly a step in the right di- FILNER, and my colleagues on the com- to support H.R. 6342. rection. I join Chairman MILLER in in- mittee and in the Senate for their work Mr. Speaker, I reserve the balance of troducing legislation to extend this au- on this legislation. This bill does de- my time. thorization. Although the VA and serve bipartisan support. Mr. BROWN of South Carolina. Mr. Members on both sides of the aisle sup- H.R. 6342 includes a number of must- Speaker, I yield myself the balance of port making the authorization perma- pass provisions. It also improves edu- my time. nent, the committee was not able to cation assistance for severely disabled Mr. Speaker, this legislation is a fund the cost of permanent authoriza- service personnel. It is important that product of negotiation between the tion. I hope that we will be able to do we do all that we can to help the indi- House and Senate and includes several so in the next Congress. viduals and their families to regain key provisions already passed by this I am pleased that the bill includes their independence and economic secu- body and agreed to by the other body. the provision championed by our retir- rity. Mr. Speaker, Chairman BUYER asked ing ranking member, LANE EVANS, This legislation also puts VA special- me to share his appreciation for the whom Mr. FILNER spoke so glowingly ized programs for homeless veterans on hard work of the subcommittee chair- of, which authorizes specialized VA fa- a more secure footing. I am proud that men, Mr. BOOZMAN, Mr. BILIRAKIS, and cilities for research and treatment of this Congress is acting to extend the

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.120 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8829 soon-to-expire authorization of VA’s its veterans centers and medical facili- the Centers’ existence was in jeopardy—seri- grants and per diem program for home- ties are straining to meet the needs of ously threatening the institutions’ valuable re- less veterans. Extending these author- these veterans. Many are calling trau- search, education, and clinical care programs izations until the end of 2007 is an im- matic brain injury the signature wound that benefit all Americans affected by Parkin- portant step, but is not enough. of this war. Veterans with TBI and son’s disease. Last year, VA’s health care program their families deserve state-of-the-art I believe that this bill must be enacted to en- for homeless veterans served nearly 600 care from the VA. sure that the PADRECCs will continue pro- Iraq and Afghanistan veterans. It is For service members, the transition viding valuable services to veteran patients, shameful that any veteran spends a from the military’s health care system family members, and the entire Parkinson’s night on the street. We cannot leave to enrollment in the VA health care disease community. those homeless veterans and those with system is far from seamless. For many The original bill to protect the PADRECCs psychiatric wounds behind. of our returning National Guard mem- was authored by my fellow Co-Chair of the In this Congress, I introduced legisla- bers and reservists, the Montgomery GI Congressional Working Group on Parkinson’s tion to improve VA’s capacity to help bill does not meet their needs. Edu- Disease and friend Congressman LANE EVANS. homeless veterans recover, rehabilitate cation benefits of the GI bill must be As you may know, Congressman EVANS and return to a full life in our society. revamped and updated to meet the helped to create the PADRECCs. I am glad that some of the key expiring needs of current veterans. By working with the former and current VA All of these issues, and more, require provisions to help homeless veterans Administration, Representative EVANS helped from my bill are in the legislation that greater oversight and perhaps legisla- to establish these Centers that serve Amer- we are considering now. I plan to re- tive solutions for us in the next Con- ican veterans battling Parkinson’s disease. introduce the bill in the next Congress gress. As a former Marine, Ranking Member on Mr. Speaker, I would like to take to help homeless veterans, and I look the VA Committee, and person battling Parkin- this opportunity to thank the sub- forward to working with my colleagues son’s disease, Representative LANE EVANS committee chairmen that I have to address this issue. has a strong sense of mission about providing worked with for the last two Con- It is right that we are permanently the highest standards of care for both constitu- gresses, Chairman HENRY BROWN, for establishing the six VA Parkinson’s encies. I commend the PADRECCs for doing Disease Research, Education and Clin- working in a bipartisan manner, but also the staff of both the Republican just that. ical Care Centers along with VA’s two Mr. Speaker, as you know, our colleague MS Centers of Excellence. These cen- side and the Democratic side for all of their hard work in getting these pieces LANE EVANS is officially retiring from the House ters are shining examples of how VA of Representatives at the conclusion of the could help veterans with other chronic of legislation to the floor. I would also like to thank Chairman BUYER for all 109th Congress due to his struggle with Par- and debilitating diseases and injuries, kinson’s disease. such as traumatic brain injury. These his work. I also want to thank Mr. FIL- NER for his leadership on this legisla- Congressman EVANS has been a true cham- centers have led the way in state-of- pion of veterans and Parkinson’s issues on the-art research and clinical care. This tion and the committee as well. I look forward to working with Mr. FILNER in Capitol Hill and great friend to both commu- bill sends a clear message to VA to nities. keep supporting the clinical, research the 110th Congress on matters important to America’s veterans. As Representative EVANS said in his retire- and educational work of these centers. Mr. Speaker, this is a good bill and I ment announcement, ‘‘I believe strongly in Today is a bittersweet day because it urge my colleagues to support H.R. serving people and working to make a positive may mark the end of an era. This may 6342. difference in their lives.’’ be the last veterans bill that the House Mr. FILNER. Mr. Speaker, I want to This bill uniquely speaks to the significant will consider which has Ranking Mem- thank Mr. MICHAUD, if I may, for his contributions Representative EVANS has made ber LANE EVANS as an original cospon- emphasis on homeless veterans. Almost in the lives of more than one million Ameri- sor. I know this will not be the last bill a quarter million homeless on the cans living with Parkinson’s disease and more to reflect his advocacy and passion for streets tonight are veterans. That is a than 24.5 million American veterans. veterans and their families. LANE has national disgrace. I look forward to I urge my colleagues to honor LANE EVANS been a great leader and mentor to so working with all of you to solve that. and vote yes on this important bill. many of us on the committee and in Mrs. MALONEY. Mr. Speaker, I rise as the I look forward to enactment of this bill that Congress. His legacy is measured in the Co-Chair of the Congressional Working Group is so important to all those who struggle with millions of veterans and their families on Parkinson’s Disease in strong support of the devastating effects of Parkinson’s disease. who have benefited from his deter- H.R. 6342, which will protect the Parkinson’s Mr. FILNER. Mr. Speaker, I yield mination, compassion, and wisdom. I Disease Research, Education and Clinical back the balance of my time. will deeply miss him, and I know this Centers (PADRECCs.) The SPEAKER pro tempore. The institution will miss him as well. As a leader in the Parkinson’s community, I question is on the motion offered by It is my understanding that there commend the Committee on Veterans’ Affairs the gentleman from South Carolina may be also an opportunity for an om- for working to enact legislation that will for- (Mr. BROWN) that the House suspend nibus veterans package on the floor to- mally establish the PADRECCs for the first the rules and pass the bill, H.R. 6342. morrow. I am glad that we may be able time in statute. The question was taken; and (two- to move more legislation before the Significant contributions have been made by thirds of those voting having responded end of year, but it is unfortunate that the Centers in research, education, and clin- in the affirmative) the rules were sus- we have waited until the last days of ical care that benefit all Americans impacted pended and the bill was passed. Congress to pass these provisions. by Parkinson’s disease. A motion to reconsider was laid on The fact remains as we come to an The PADRECCs have served to elevate the the table. end of the 109th Congress, we must be quality, comprehensiveness, and access of honest with the American people: We care for veteran patients with Parkinson’s dis- f have much more work to do. We have ease and related disorders throughout the Vet- ROBERT SILVEY DEPARTMENT OF not yet passed a funding bill for VA. It erans Health Administration. is simply unacceptable for Congress to VETERANS AFFAIRS OUT- Through the six regional centers spanning PATIENT CLINIC tell VA you need to put a hold on hir- the country and the National VA Parkinson’s ing needed staff because we cannot and Disease Consortium, the VA is able to treat Mr. BROWN of South Carolina. Mr. will not pass a budget in a timely man- more than 79,000 veterans with Parkinson’s Speaker, I move to suspend the rules ner. disease. and pass the Senate bill (S. 4073) to des- It is troubling that some 73,000 of our The efforts of these Centers are the model ignate the outpatient clinic of the De- returning veterans who have come of innovation in the delivery of health care and partment of Veterans Affairs located in home to VA for medical care have re- research for chronic, progressive disease in Farmington, Missouri, as the ‘‘Robert ceived an initial diagnosis of a mental the veteran population. Silvey Department of Veterans Affairs health disorder, and I am concerned The Congressional Working Group on Par- Outpatient Clinic’’. that VA appears to want to deny that kinson’s Disease learned earlier this year that The Clerk read as follows:

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.124 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8830 CONGRESSIONAL RECORD — HOUSE December 6, 2006 S. 4073 souri can be named after the person you have been, and your commitment Be it enacted by the Senate and House of Rep- who has advocated most vocally for it, and your dedication to this country resentatives of the United States of America in and that is my good friend Bob Silvey. has been next to none. And this is a Congress assembled, You mentioned, Mr. Chairman, Mr. very real and fitting tribute to all that SECTION 1. ROBERT SILVEY DEPARTMENT OF Silvey’s service as part of the 82nd Air- you have done to ensure that America VETERANS AFFAIRS OUTPATIENT CLINIC. borne and going to the shores of remains the greatest country on the (a) DESIGNATION.—The outpatient clinic of France, actually parachuting in the face of the earth. the Department of Veterans Affairs located night before the invasion of Normandy. So, Mr. Speaker, I thank very much in Farmington, Missouri, shall be known and But Bob has always been an incredible Chairman BROWN and Ranking Member designated as the ‘‘Robert Silvey Depart- leader in the community of Farm- FILNER for this opportunity. ment of Veterans Affairs Outpatient Clinic’’. ington. As a matter of fact, when Bob ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (b) REFERENCES.—Any reference in a law, asks you to do something, you would The SPEAKER pro tempore. The map, regulation, document, paper, or other never want to say ‘‘no,’’ number one. record of the United States to the facility re- Chair would remind all Members to ad- ferred to in subsection (a) shall be deemed to And number two, you always want to dress their remarks to the Chair. be a reference to the ‘‘Robert Silvey Depart- make sure that it gets done as quickly Mr. FILNER. Mr. Speaker, I yield ment of Veterans Affairs Outpatient Clinic’’. as possible because he will not allow myself such time as I may consume. The SPEAKER pro tempore. Pursu- you to say ‘‘no’’ and he will not allow I thank the gentlewoman, through ant to the rule, the gentleman from anything not to happen. So when we the Chair, for her testimony to this South Carolina (Mr. BROWN) and the originally built our smaller veterans decorated hero. I would also point out we have an- gentleman from California (Mr. FIL- facility in Farmington, Missouri, Bob other hero named Bob in the audience NER) each will control 20 minutes. knew the second day that we moved in The Chair recognizes the gentleman that it wasn’t going to be adequate today. I would just like to recognize from South Carolina. enough. So he went about looking in Bob Cover from the Legislative Coun- Mr. BROWN of South Carolina. Mr. the community for a larger space to sel’s Office, who has been 30 years writ- Speaker, I yield myself such time as I put it on, one now that is actually ad- ing this legislation and dealing with may consume. jacent to our VFW post, and it all title 38. And we couldn’t do anything Mr. Speaker, S. 4073 would rename began like that. without your expertise, Bob. We thank the outpatient clinic of the Depart- But I have to say that this is an im- you for all your work. We wish you ment of Veterans Affairs located in portant and incredible tribute to Bob well in the future, and we appreciate Farmington, Missouri as the ‘‘Robert Silvey, but it is also a commitment to your work to help veterans in this Na- Silvey Department of Veterans Affairs all of our servicemen and service- tion. Outpatient Clinic.’’ women in Missouri and around the Mr. Speaker, I have no further re- Robert Silvey, a decorated veteran of country. Like Bob, so many of them quests for time, and I yield back the World War II, served as a member of continue to be active members of their balance of my time. the famed 82nd Airborne Division and community, and they are working tire- Mr. BROWN of South Carolina. Mr. was among a group of troopers who lessly, as Bob did, to improve the qual- Speaker, I have no further requests for parachuted into France the night be- ity of veterans health care in Southern time, and I yield back the balance of fore the invasion of Normandy on D- Missouri. my time. Day. While fighting in France, Mr. I was really excited in March of this The SPEAKER pro tempore. The Silvey was wounded three times and year to break ground on the facility question is on the motion offered by was subsequently awarded the Purple and then in August for us to move into the gentleman from South Carolina Heart. After returning home from it, and it is a state-of-the-art facility, (Mr. BROWN) that the House suspend World War II, Mr. Silvey had been ac- and really it is only a larger facility the rules and pass the Senate bill, S. tive in various service organizations in but it is there in large part because 4073. The question was taken; and (two- the Farmington area and was instru- Bob Silvey was relentless in pursuit of thirds of those voting having responded mental in advocating for the construc- this. in the affirmative) the rules were sus- tion of this new outpatient clinic and Bob has been an active member of pended and the Senate bill was passed. has served as an active member in his the VFW Post 5896 of Farmington, Mis- souri. He served as commander four A motion to reconsider was laid on community as well as in local veterans the table. organizations. Naming this outpatient times. He twice served as commander clinic for Mr. Silvey would be entirely of the VFW Post in Ironton, a town f appropriate. south of Farmington, a couple of times. GENERAL LEAVE And I was very, very proud, and I know I ask for the support of my col- Mr. BROWN of South Carolina. Mr. Bob was too, that the members of the leagues in passing this legislation. Speaker, I ask unanimous consent that VFW Post 5896 and the American Le- Mr. Speaker, I reserve the balance of all Members may have 5 days in which gion Post 416 in Farmington unani- my time. to revise and extend their remarks on mously passed resolutions in support of Mr. FILNER. Mr. Speaker, we also S. 4073. support S. 4073, and I know the gentle- naming the new Farmington veterans The SPEAKER pro tempore. Is there woman from Missouri will speak about clinic after Bob Silvey. objection to the request of the gen- In addition, I might want to add that Mr. Silvey and make sure we know why tleman from South Carolina? his service is so honored. members of our Missouri statehouse There was no objection. Mr. Speaker, I reserve the balance of and the State senate wrote letters of f my time. support in naming this clinic after Bob; Mr. BROWN of South Carolina. Mr. so this is an important tribute to him. NATIONAL TRANSPORTATION Speaker, House bill H.R. 5994 has the And certainly this legislation that you SAFETY BOARD REAUTHORIZA- full support of the Missouri delegation all have enabled us to put on the floor TION ACT OF 2006 and the State veterans service organi- today would allow the residents of Mr. MICA. Mr. Speaker, I move to zations and is identical to the Senate Farmington, Missouri to honor one of suspend the rules and pass the bill language. their greatest World War II veterans (H.R. 5076) to amend title 49, United Mr. Speaker, at this time I would and ensure that the name on the new States Code, to authorize appropria- like to yield 3 minutes to the original clinic reflects the service of a great tions for fiscal years 2007, 2008, and sponsor of H.R. 5994, the gentlewoman contributor to our American freedom 2009, and for other purposes, as amend- from Missouri, Mrs. JO ANN EMERSON. and the quality of our veterans’ lives ed. Mrs. EMERSON. Mr. Speaker, I first here at home. The Clerk read as follows: want to thank the chairman and rank- Bob, I know that you are watching H.R. 5076 ing member for all of the help they this on C–SPAN right now, and I hope Be it enacted by the Senate and House of Rep- have given us in ensuring that the new that you know how well loved you are. resentatives of the United States of America in veterans clinic in Farmington, Mis- I hope that you know what a leader Congress assembled,

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.082 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8831 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. cluding a description of any modifications ‘‘(6) the extent to which the Board address- (a) SHORT TITLE.—This Act may be cited as made to the plan in response to those comes management challenges in completing ac- the ‘‘National Transportation Safety Board ments and recommendations. cident investigations. Reauthorization Act of 2006’’. (D) IMPLEMENTATION.—The plan developed ‘‘(c) APPROPRIATE CONGRESSIONAL COMMIT- (b) TABLE OF CONTENTS.—The table of con- pursuant to subparagraph (A)(i) shall be im- TEES.—For purposes of this section the term tents for this Act is as follows: plemented within 2 years after the date of ‘appropriate congressional committees’ Sec. 1. Short title; table of contents. enactment of this Act. means the Committee on Commerce, Science Sec. 2. Reports. (b) DOT REPORT ON COMPLIANCE WITH REC- and Transportation of the Senate and the Sec. 3. Investigation services. OMMENDATIONS.—Section 1135(d)(3) of title 49, Committee on Transportation and Infra- Sec. 4. Expenses of DOT Inspector General. United States Code, is amended to read as structure of the House of Representatives.’’. Sec. 5. Evaluation and audit of the National follows: (b) CLERICAL AMENDMENT.—The analysis Transportation Safety Board. ‘‘(3) COMPLIANCE REPORT WITH RECOMMENDA- for such chapter is amended by inserting Sec. 6. Audit procedures. TIONS.—Within 90 days after the date on after the item relating to section 1137 the Sec. 7. Implementation of NTSB’s ‘‘Most which the Secretary submits a report under following: Wanted Transportation Safety this subsection, the Board shall review the ‘‘1138. Evaluation and audit of National Improvements, 2006’’. Secretary’s report and transmit comments Transportation Safety Board’’. Sec. 8. Authorization of appropriations. on the report to the Secretary, the Com- Sec. 9. Technical corrections. SEC. 6. AUDIT PROCEDURES. Sec. 10. Safety review. mittee on Commerce, Science, and Transpor- The National Transportation Safety Board, Sec. 11. DOT Inspector General oversight tation of the Senate, and the Committee on in consultation with the Inspector General of and investigations related to Transportation and Infrastructure of the the Department of Transportation, shall con- Central Artery tunnel project. House of Representatives.’’. tinue to develop and implement comprehensive internal audit controls for its oper- SEC. 2. REPORTS. SEC. 3. INVESTIGATION SERVICES. (a) IN GENERAL.—Section 4(a) of the Na- ations. The audit controls shall address, at a (a) ANNUAL REPORTS.— tional Transportation Safety Board Reau- minimum, Board asset management systems, (1) IN GENERAL.—Section 1117 of title 49, including systems for accounting manage- United States Code, is amended— thorization Act of 2003 (Public Law 108–168; 49 U.S.C. 1113 note) is amended by striking ment, debt collection, travel, and property (A) in paragraph (2) by striking ‘‘and’’ ‘‘From the date of enactment of this Act and inventory management and control. after the semicolon; through September 30, 2006, the’’ and insert- (B) in paragraph (3) by striking ‘‘State.’’ SEC. 7. IMPLEMENTATION OF NTSB’S ‘‘MOST ing ‘‘The’’. WANTED TRANSPORTATION SAFETY and inserting ‘‘State;’’; and (b) REPORT.—Section 4(b) of such Act is IMPROVEMENTS, 2006’’. (C) by adding at the end the following: amended— Within 90 days after the date of enactment ‘‘(4) a description of the activities and op- (1) by striking ‘‘On February 1, 2006,’’ and of this Act, the Administrator of the Federal erations of the National Transportation inserting ‘‘On July 1 of each year, as part of Aviation Administration shall submit a re- Safety Board Academy during the prior cal- the annual report required by section 1117 of port to the Committee on Commerce, endar year; title 49, United States Code,’’; and Science, and Transportation of the Senate ‘‘(5) a list of accidents, during the prior (2) in paragraph (1) by striking ‘‘for $25,000 and the Committee on Transportation and calendar year, that the Board was required or more’’. Infrastructure of the House of Representa- to investigate under section 1131 but did not SEC. 4. EXPENSES OF DOT INSPECTOR GENERAL. tives explaining why the Federal Aviation investigate and an explanation of why they Section 1137(d) of title 49, United States Administration has not implemented the were not investigated; and Code, is amended to read as follows: aviation recommendations in the ‘‘Most ‘‘(6) a list of ongoing investigations that ‘‘(d) AUTHORIZATIONS OF APPROPRIATIONS.— Wanted Transportation Safety Improve- have exceeded the expected time allotted for ‘‘(1) FUNDING.—There are authorized to be ments, 2006’’ of the National Transportation completion by Board order and an expla- appropriated to the Secretary of Transpor- Safety Board. nation for the additional time required to tation for use by the Inspector General of SEC. 8. AUTHORIZATION OF APPROPRIATIONS. complete each such investigation.’’. the Department of Transportation such sums (a) IN GENERAL.—Section 1118(a) of title 49, (2) UTILIZATION PLAN.— as may be necessary to cover expenses asso- United States Code, is amended— (A) PLAN.—Within 90 days after the date of ciated with activities pursuant to the au- (1) by striking ‘‘and’’ after ‘‘2005,’’; and enactment of this Act, the National Trans- thority exercised under this section. (2) by striking ‘‘2006.’’ and inserting ‘‘2006, portation Safety Board shall— ‘‘(2) REIMBURSABLE AGREEMENT.—In the ab- $81,594,000 for fiscal year 2007, and $92,625,000 (i) develop a plan to achieve, to the max- sence of an appropriation under this sub- for fiscal year 2008.’’. imum extent feasible, the self-sufficient op- section for an expense referred to in para- (b) FEES, REFUNDS, AND REIMBURSE- eration of the National Transportation Safe- graph (1), the Inspector General and the MENTS.— ty Board Academy and utilize the Academy’s Board shall have a reimbursable agreement (1) IN GENERAL.—Section 1118(c) of such facilities and resources; to cover such expense.’’. title is amended to read as follows: (ii) submit a draft of the plan to the Comp- SEC. 5. EVALUATION AND AUDIT OF THE NA- ‘‘(c) FEES, REFUNDS, AND REIMBURSE- troller General for review and comment; and TIONAL TRANSPORTATION SAFETY MENTS.— (iii) submit a draft of the plan to the Com- BOARD. ‘‘(1) IN GENERAL.—The Board may impose mittee on Commerce, Science, and Transpor- (a) IN GENERAL.—Subchapter III of chapter and collect such fees, refunds, and reim- tation of the Senate and the Committee on 11 of title 49, United States Code, is amended bursements as it determines to be appro- Transportation and Infrastructure of the by adding at the end the following: priate for services provided by or through House of Representatives. ‘‘§ 1138. Evaluation and audit of National the Board. (B) PLAN DEVELOPMENT CONSIDERATIONS.— Transportation Safety Board ‘‘(2) RECEIPTS CREDITED AS OFFSETTING COL- The Board shall— ‘‘(a) IN GENERAL.—To promote economy, LECTIONS.—Notwithstanding section 3302 of (i) give consideration in developing the efficiency, and effectiveness in the adminis- title 31, any fee, refund, or reimbursement plan under subparagraph (A)(i) to other rev- tration of the programs, operations, and ac- collected under this subsection— enue-generating measures, including sub- tivities of the National Transportation Safe- ‘‘(A) shall be credited as offsetting collec- leasing the facility to another entity; and ty Board, the Comptroller General of the tions to the account that finances the activi- (ii) include in the plan a detailed financial United States shall evaluate and audit the ties and services for which the fee is imposed statement that covers current Academy ex- programs and expenditures of the National or with which the refund or reimbursement penses and revenues and an analysis of the Transportation Safety Board. Such evalua- is associated; projected impact of the plan on the Acad- tion and audit shall be conducted at least an- ‘‘(B) shall be available for expenditure only emy’s expenses and revenues. nually, but may be conducted as determined to pay the costs of activities and services for (C) REPORT.—Within 180 days after the date necessary by the Comptroller General or the which the fee is imposed or with which the of enactment of this Act, the National appropriate congressional committees. refund or reimbursement is associated; and Transportation Safety Board shall submit a ‘‘(b) RESPONSIBILITY OF COMPTROLLER GEN- ‘‘(C) shall remain available until expended. report to the Committee on Commerce, ERAL.—The Comptroller General shall evalu- ‘‘(3) REFUNDS.—The Board may refund any Science, and Transportation of the Senate ate and audit Board programs, operations, fee paid by mistake or any amount paid in and the Committee on Transportation and and activities, including— excess of that required.’’. Infrastructure of the House of Representa- ‘‘(1) information management and secu- (2) EFFECTIVE DATE.—The amendments tives that includes— rity, including privacy protection of person- made by paragraph (1) shall take effect on (i) an updated copy of the plan developed ally identifiable information; October 1, 2005. pursuant to subparagraph (A)(i); ‘‘(2) resource management; (c) REPORT.—Section 1118(d) of title 49, (ii) any comments and recommendations ‘‘(3) workforce development; United States Code, is repealed. made by the Comptroller General pursuant ‘‘(4) procurement and contracting plan- SEC. 9. TECHNICAL CORRECTIONS. to the Government Accountability Office’s ning, practices and policies; (a) FUNCTIONAL UNIT FOR MARINE INVES- review of the draft plan; and ‘‘(5) the extent to which the Board follows TIGATIONS.—Section 1111(g) of title 49, United (iii) a response to the Comptroller Gen- leading practices in selected management States Code, is amended by adding at the end eral’s comments and recommendations, in- areas; and the following:

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.083 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8832 CONGRESSIONAL RECORD — HOUSE December 6, 2006 ‘‘(5) marine.’’. Administration and that maintains the investigating civil aviation accidents (b) MARINE CASUALTY INVESTIGATIONS.— length of the runway as of the date of enact- and significant transportation acci- Section 1131(a)(1)(E) of such title is amendment of this Act. dents in other surface modes, including ed— (b) COSTS TO BE CONSIDERED.—In deter- railroad, highway, marine, and pipeline (1) by striking ‘‘on the navigable waters or mining what is the least expensive runway territorial sea of the United States,’’ and in- safety area for purposes of subsection (a), the accidents. serting ‘‘on or under the navigable waters, Secretary shall consider, at a minimum, the In addition, the NTSB assists the vic- internal waters, or the territorial sea of the initial development costs and life cycle costs tims of aviation accidents, and where United States as described in Presidential of the project. resources allow, Mr. Speaker, the Proclamation No. 5928 of December 27, 1988,’’; (c) SATISFACTION OF REQUIREMENT.—With NTSB also provides family assistance and respect to the project described in subsection for accidents in other transportation (2) by inserting ‘‘(as defined in section (a), the requirements of section 303(c)(1) of modes. 2101(46) of title 46)’’ after ‘‘vessel of the title 49, United States Code, shall be consid- As a member of the House Transpor- United States’’. ered to be satisfied by the selection of the tation and Infrastructure Committee (c) REFERENCE TO DEPARTMENTAL AUTHOR- least expensive safety area alternative. and chairman of the Aviation Sub- ITY.—Section 1131(c)(1) of such title is SEC. 11. DOT INSPECTOR GENERAL OVERSIGHT amended by inserting ‘‘or the Secretary of AND INVESTIGATIONS RELATED TO committee, I can tell Members that the the department in which the Coast Guard is CENTRAL ARTERY TUNNEL NTSB has provided tremendous service operating’’ after ‘‘Transportation’’. PROJECT. to this Nation and also to the traveling (d) APPOINTMENT OF STAFF.—Section 1111 (a) OVERSIGHT OF SAFETY REVIEW.—The In- public in all modes of transportation of such title is amended— spector General of the Department of Trans- for many years. (1) by striking paragraph (1) of subsection portation shall provide objective and inde- In the United States the 3-year aver- (e) and inserting the following: pendent oversight of the activities performed age commercial aviation accident rate by the Federal Highway Administration, the ‘‘(1) appoint and supervise officers and emis .017 accidents per 100,000 departures, ployees, other than regular and full-time em- Massachusetts Executive Office of Transpor- ployees in the immediate offices of another tation, and the Massachusetts Department of which means that the accident rate is member, necessary to carry out this chap- Transportation for the project-wide safety the equivalent of one fatal accident for ter;’’; review initiated as a result of the July 10, every 15 million passenger-carrying (2) by redesignating paragraphs (2) and (3) 2006, accident in the Central Artery tunnel flights, which is an absolutely amazing of subsection (e) as paragraphs (3) and (4), re- project in Boston, Massachusetts. The In- record by any standard. I believe this spectively; spector General shall ensure that such over- unprecedented aviation safety record is (3) by inserting after paragraph (1) of sub- sight is comprehensive, complete, and car- in part due to the outstanding work ried out in a rigorous manner. section (e) the following: over the years by hundreds and hun- ‘‘(2) fix the pay of officers and employees (b) INVESTIGATIONS OF CRIMINAL AND necessary to carry out this chapter;’’; FRAUDULENT ACTIVITIES.—In cooperation dreds of NTSB professionals as well as (4) by redesignating subsection (i) as sub- with the Attorney General of the United the Federal Aviation Administration section (j); and States and the Attorney General of the Com- and also our aviation industry. But (5) by inserting after subsection (h) the fol- monwealth of Massachusetts, the Inspector even with this outstanding safety lowing: General shall investigate criminal or fraudu- record in commercial air transpor- ‘‘(i) BOARD MEMBER STAFF.—Each member lent acts committed in the design, expendi- tation, we must continue to work to- of the Board shall select and supervise reg- ture of funds, and construction of the Cen- wards making the system even safer, tral Artery tunnel project. ular and full-time employees in his or her especially as we see increases in de- immediate office as long as any such em- (c) REPORTS TO CONGRESS.—The Inspector ployee has been approved for employment by General shall submit to Congress periodi- mand and also increases in congestion the designated agency ethics official under cally reports on the oversight and investiga- and passengers. the same guidelines that apply to all em- tive activities conducted pursuant to this Since its creation in 1967, the NTSB ployees of the Board. Except for the Chair- section, together with any recommendations has investigated more than 124,000 man, the appointment authority provided by and observations of the Inspector General. aviation accidents and at least 10,000 this subsection is limited to the number of If the Inspector General identifies any safety accidents in other modes of transpor- full-time equivalent positions, in addition to issues of a time sensitive and critical nature tation. As a result of these investiga- 1 senior professional staff at a level not to in carrying out this section, the Inspector tions, the board has issued almost General shall promptly notify Congress. exceed the GS 15 level and 1 administrative 12,000 safety recommendations, and staff, allocated to each member through the The SPEAKER pro tempore. Pursu- over 82 percent of those recommenda- Board’s annual budget and allocation proc- ant to the rule, the gentleman from ess.’’. tions have been adopted. The NTSB Florida (Mr. MICA) and the gentleman (e) SPELLING CORRECTION.—Section 1113(a) also serves as the ‘‘court of appeals’’ of such title is amended in paragraphs (3) from Illinois (Mr. COSTELLO) each will for any airman, mechanic, or mariner and (4) by striking ‘‘subpena’’ and inserting control 20 minutes. who has a problem with certificate ac- ‘‘subpoena’’. The Chair recognizes the gentleman tion when it is taken by either the (f) BOARD REVIEW.—Section 1113(c) of such from Florida. FAA administrator or the U.S. Coast title is amended by inserting after the period GENERAL LEAVE Guard commandant. at the end the following: ‘‘The Board shall Mr. MICA. Mr. Speaker, I ask unani- develop and approve a process for the Board’s I would also like to point out that review and comment or approval of docu- mous consent that all Members may last year marked the board’s 15th anni- ments submitted to the President, Director have 5 legislative days in which to re- versary of its ‘‘Most Wanted’’ list of of the Office of Management and Budget, or vise and extend their remarks and in- transportation safety improvements. I Congress under this subsection.’’. clude extraneous material on H.R. 5076. believe this is a tool that has served (g) INVESTIGATIVE OFFICERS.—Section 1113 The SPEAKER pro tempore. Is there the public very well. In fact, over the of such title is amended by adding at the end objection to the request of the gen- past 15 years, 85 percent of more than the following: tleman from Florida? 260 recommendations that have been ‘‘(h) INVESTIGATIVE OFFICERS.—The Board There was no objection. shall maintain at least 1 full-time employee placed on the list have been accepted in each State located more than 1,000 miles Mr. MICA. Mr. Speaker, I yield my- and also have been implemented. from the nearest Board regional office to self such time as I may consume. H.R. 5076 provides for a 2-year reau- provide initial investigative response to ac- I am pleased to rise this afternoon in thorization for both the fiscal years cidents the Board is empowered to inves- very strong support of this timely and 2007 and 2008. This legislation would tigate under this chapter that occur in that certainly needed legislation. This legis- also provide for the hiring of critically State.’’. lation is the NTSB’s, the National needed transportation accident inves- SEC. 10. SAFETY REVIEW. Transportation Safety Board’s, author- tigations positions. The board has de- (a) SAFETY AREA ALTERNATIVES.—With re- ization legislation, and it is currently termined through a human capital gard to an environmental review of a project provided for under a continuing resolu- forecast which was conducted earlier to improve runway safety areas on Runway tion. The NTSB is a small but very im- this year that additional full-time em- 8/26 at Juneau International Airport, the Secretary of Transportation may only select portant part of the Federal Govern- ployees are needed to effectively and as the preferred alternative the least expen- ment, and it makes some very critical efficiently meet the mission and sup- sive runway safety area alternative that contributions to our Nation’s safety port efforts that are expected of the meets the standards of the Federal Aviation each year. The NTSB is charged with board, and understanding our current

VerDate Aug 31 2005 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.083 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8833 budget constraints, H.R. 5076 allows for to consume to the chairman of the full quirement would not apply to accident types slight increases in personnel to help Transportation and Infrastructure which the NTSB may voluntarily elect to inves- address this important need. Committee, the distinguished gen- tigate, but is not required to investigate, under b 1700 tleman from Alaska (Mr. YOUNG). current law, such as railroad grade-crossing or Mr. YOUNG of Alaska. Mr. Speaker, I highway accidents. Finally, Mr. Speaker, H.R. 5076 pro- thank the gentleman for the work he Section 2(a)(2) of the bill requires NTSB to vides for changes such as consolidating has done on this legislation, and the develop and implement a plan to achieve, to reporting requirements, clarifying that ranking member on the other side of the maximum extent feasible, the self-suffi- the board has jurisdiction to inves- the aisle. cient operation of the NTSB Academy. This fa- tigate major marine accidents occur- This is a good piece of legislation. It cility has in the past consumed too large a ring on bodies of water located entirely should be passed. I urge my colleagues portion of NTSB’s budget resources, to the within the boundaries of a State. And to support it. It has been fairly vetted, detriment of the NTSB’s core accident inves- also it directs the NTSB to develop and and I am confident that with the pas- tigation mission. I encourage the NTSB to de- implement a plan to achieve the self- sage of this and on the President’s velop a plan to make better use of this facility sufficient operation of the NTSB Acad- desk, we will do the job to make sure and reduce the burden it imposes on the emy. that not only are the flying industry NTSB’s budget. Mr. Speaker, with those comments, I safe, but all other forms of transpor- Section 11 instructs the Inspector General reserve the balance of my time. tation are safe. of the U.S. Department of Transportation to Mr. COSTELLO. Mr. Speaker, I yield Mr. Speaker, I would like to clarify the intent conduct oversight of the reviews currently un- myself as much time as I may con- of several provisions that were added to H.R. derway at the Federal Highway Administration sume. 5076, as amended, since it was reported by and the Commonwealth of Massachusetts of Mr. Speaker, I thank the sub- the House Committee on Transportation and the tragic July 10, 2006, fatal accident in the committee chairman, Mr. MICA. I Infrastructure. Central Artery tunnel project in Boston, Mas- would like to thank Chairman YOUNG, Section 5 of the bill as amended requires sachusetts. The section also instructs the In- Mr. OBERSTAR, Mr. MICA, for joining the General Accountability Office (GAO) to spector General to investigate, in cooperation me in introducing H.R. 5076, the Na- evaluate and audit the programs and expendi- with the U.S. Attorney General and the Attor- tional Transportation Safety Board Re- tures of the National Transportation Safety ney General of the Commonwealth of Massa- authorization Act of 2006. Board (NTSB) at least annually. chusetts, any criminal or fraudulent acts com- The NTSB makes safety rec- This provision will provide greater oversight mitted in the execution of the project. I do not ommendations to Federal, State and of the NTSB without risking any infringement intend for the Inspector General to duplicate local government agencies and to the on the Board’s independence that could result the current reviews. The purpose of this sec- transportation industry regarding ac- from having the U.S. Department of Transpor- tion is to evaluate the reviews to ensure that tions and recommendations that tation (DOT) Inspector General perform this the aforementioned public agency oversight should be taken to prevent accidents audit function. underway of this past summer’s accident is and improve safety. When the NTSB was first established in thorough and rigorous so the lessons learned Since its inception in 1967, the NTSB 1967, it initially relied on DOT for funding and will prevent future tragedies. has issued almost 12,000 safety rec- administrative support. In 1975, under the Mr. MICA. Mr. Speaker, I reserve the ommendations in all modes of trans- Independent Safety Board Act, all organiza- balance of my time. portation. The regulatory and trans- tional ties to DOT were severed. Mr. COSTELLO. Mr. Speaker, I yield portation communities have accepted The NTSB serves as an independent 2 minutes to my friend and colleague over 82 percent of these recommenda- ‘‘watchdog’’ over the DOT, as well as State from Oregon (Mr. DEFAZIO). tions. transportation agencies, recommending ac- Mr. DEFAZIO. Mr. Speaker, this is a This is significant, given the size of tions these agencies should take to improve very important agency of the Federal this agency: only 396 employees and 10 safety. Therefore, maintaining NTSB’s strict Government in terms of consumer regional offices. independence from DOT is critically important health and safety: the National Trans- The NTSB’s recommendations and its to NTSB’s mission. portation Safety Board. And one of the vigilance on safety issues result in im- Under H.R. 5076 as amended, the DOT In- things for a number of years that has provements in the way we conduct the spector General’s current authority under 49 concerned me about the National business of transportation in all modes U.S.C. 1137 to review the financial manage- Transportation Safety Board is they of transportation. ment, property management, and business op- approach issues of public safety from a Transportation accidents are increas- erations of the NTSB, including internal ac- fairly pure standpoint in terms of what ingly complex, and the NTSB main- counting and administrative control systems, is is needed to better protect the trav- tains the highly qualified technical unchanged. eling public and to prevent loss of life. staff and necessary tools to efficiently Section 4 of the bill clarifies how these func- And unfortunately, when it gets over produce thorough and unbiased inves- tions of the Inspector General should be fund- to the agencies of jurisdiction, particu- tigations and recommendations for the ed. Currently, the NTSB reimburses the In- larly the FAA, they have put a value public and policymakers. spector General for the costs incurred by the on your life. Now, I once asked an FAA I am pleased the reauthorization bill Inspector General in carrying out 49 USC individual, I said, so what do you think before us today authorizes $1.7 million 1137. H.R. 5076 clarifies that an appropriation your life is worth? And the particular more than the NTSB’s current budget of funds directly to the Inspector General for value at that time I think was around request for fiscal year 2007, which will these activities is preferable to a reimbursable $200,000 per life, or soul as they call it. allow for 11 more investigators to be agreement, but if such an appropriation is not I said, don’t you think you are worth hired by the agency. available, then a reimbursable agreement more than that? At that point we were To maintain its position as the pre- should be used instead. arguing about moving seats further eminent transportation investigative It is not Congress’ intent that GAO and the apart so people could access the over- agency, the NTSB must have the re- DOT IG will in any way duplicate each others’ wing exits. And the airlines were com- sources necessary to handle increas- work. Rather, Congress intends for GAO and plaining about the revenue that would ingly complex accident investigations, the DOT IG to continue their current practice be lost. It took, actually, 8 years after as well as to adequately train its staff. of coordinating their audit planning for the a tragic accident, with people stacked Reauthorization is essential to ensur- NTSB such that there is no duplication of ef- up like cord wood in Manchester, Eng- ing this agency has the necessary re- fort between the two agencies as the GAO un- land, to get that rule passed here. The sources to conduct thorough safety in- dertakes the specific responsibilities assigned Brits did it in 6 months. vestigations, and I urge my colleagues by Congress under this bill. So often the NTSB recommends what to support H.R. 5076. Section 2(a)(1) of the bill requires the Board they see as needed changes to protect Mr. Speaker, I reserve the balance of to submit to Congress a list of accidents the safety, and all too often those things my time. Board was required to investigate, as well as are ignored. They disappear in the Mr. MICA. Mr. Speaker, I am pleased a list of ongoing investigations exceeding the black hole over there at the FAA. This to yield as much time as he may wish time allotted by Board order. This reporting re- bill will change that.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.132 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8834 CONGRESSIONAL RECORD — HOUSE December 6, 2006 The most wanted transportation with us. So I want to thank everyone Office to conduct an annual audit of the safety improvements, which are avail- for their work on this important piece NTSB’s programs and expenditures. able and published on an annual basis of legislation. Finally, H.R. 5076 permits the agency to by the NTSB in all modes of transpor- This version of the bill currently be- use funds that it collects as refunds or reim- tation, are now going to have to be re- fore the House has been negotiated bursements associated with its direct mission sponded to by the FAA. Within 90 days with our counterparts in the Senate to costs even if the funds are collected in a sub- of the date of enactment of this bill, we expedite its consideration in the other sequent fiscal year, as well as extends the ex- will get a report which will explain body in the hope that this important pedited contracting procedures that were au- why they have not implemented these legislation can and will be enacted be- thorized in the Board’s 2003 authorization. most wanted regulations here to better fore the 109th Congress adjourns sine Having a well-funded, well-trained NTSB protect the traveling public. This will die later this week. To that end, I urge workforce is of the utmost importance for the be an improvement. It will now at least my colleagues to support H.R. 5076, as American traveling public, and I urge my col- require meaningful response from the amended. leagues to support passage of this bill. agency, and perhaps move us forward Mr. OBERSTAR. Mr. Speaker, I rise in sup- Mr. MICA. Mr. Speaker, I yield back in better protecting life and safety. port of H.R. 5076, the National Transportation the balance of my time. Mr. MICA. Mr. Speaker, I continue to Safety Board Reauthorization Act of 2006. The SPEAKER pro tempore. The reserve the balance of my time. This Agency’s roots go back to 1926 when question is on the motion offered by Mr. COSTELLO. I would ask the gen- the Air Commerce Act vested the Department the gentleman from Florida (Mr. MICA) tleman if he has other speakers. of Commerce with the authority to investiga- that the House suspend the rules and Mr. MICA. No other speakers, but I tive aircraft accidents. During the 1966 con- pass the bill, H.R. 5076, as amended. would like to reserve the opportunity solidation of various transportation agencies The question was taken; and (two- to close. into the Department of Transportation (DOT), thirds of those voting having responded Mr. COSTELLO. Mr. Speaker, we the National Transportation Safety Board in the affirmative) the rules were sus- have no further requests on our side, so (NTSB) was created as an independent agen- pended and the bill, as amended, was I would yield back the balance of my cy within DOT to investigate accidents in all passed. time. transportation modes. In 1974, Congress fur- The title of the bill was amended so Mr. MICA. Mr. Speaker, I would like ther demonstrated its resolve to ensure that as to read: to also add, for the record, that beyond NTSB would retain its independence by re-es- ‘‘A Bill to amend title 49, United the NTSB, this particular piece of leg- tablishing the Board as a totally separate enti- States Code, to authorize appropria- islation also includes a provision re- ty, distinct from DOT. tions for fiscal years 2007 and 2008, and quiring the Department of Transpor- Since its inception in 1967, the NTSB has for other purposes’’. tation Inspector General to provide an investigated more than 124,000 aviation acci- A motion to reconsider was laid on independent oversight of the project- dents and over 10,000 surface transportation the table. wide safety review of the central artery accidents, making it the world’s premier acci- f tunnel project in Boston, Massachu- dent investigation agency. In the last six years PIPELINE INSPECTION, PROTEC- setts, otherwise known as the Big Dig. alone, the NTSB has investigated, or caused TION, ENFORCEMENT, AND SAFE- This safety review was initiated as a to be investigated, over 11,000 aviation acci- TY ACT OF 2006 result of the July 10, 2006 accident that dents, 205 highway accidents, 91 railroad ac- Mr. YOUNG of Alaska. Mr. Speaker, I resulted in the tragic loss of life by a cidents, 33 pipeline accidents, 38 marine acci- move to suspend the rules and pass the motorist there. dents; and a total of 1129 safety rec- bill (H.R. 5782) to amend title 49, The bill also requires the Inspector ommendations have been issued. This is no United States Code, to provide for en- General to investigate criminal or small feat, given the size of this agency: only hanced safety and environmental pro- fraudulent acts committed in the de- 396 employees in 10 regional offices. sign and construction of the project While the NTSB gets perhaps its greatest tection in pipeline transportation, to and report to Congress on its oversight visibility when there is an aviation tragedy, that provide for enhanced reliability in the of this project. should not overshadow the very significant transportation of the Nation’s energy Because of the NTSB’s broad jurisdic- and important work the agency performs in products by pipeline, and for other pur- tion over all modes of transportation, pipelines, maritime, rail, truck, and automotive poses, as amended. The Clerk read as follows: this bill required the coordinated ef- transportation. forts of many people. So, in conclusion, To maintain its position as the world’s pre- H.R. 5782 Mr. Speaker, first I want to thank eminent investigative agency, it is imperative Be it enacted by the Senate and House of Rep- Chairman YOUNG, who has done an in- that the NTSB has the resources necessary to resentatives of the United States of America in Congress assembled, credible job leading the T&I Com- handle increasingly complex accident inves- SECTION 1. SHORT TITLE; AMENDMENT OF TITLE mittee, I have had the honor to be one tigations. The NTSB needs sufficient funding 49, UNITED STATES CODE; TABLE OF of his subcommittee chairs for the past to sustain budget and personnel for both its CONTENTS. 6 years; Ranking Member OBERSTAR, headquarters operations as well as the Acad- (a) SHORT TITLE.—This Act may be cited as Aviation Subcommittee Ranking Mem- emy. Accordingly, this bill authorizes increased the ‘‘Pipeline Inspection, Protection, En- ber Mr. COSTELLO, and for all of his funding over the next two years: $81.6 million forcement, and Safety Act of 2006’’. staff and their efforts on behalf of this in FY2007 and $92.6 million in FY2008. (b) AMENDMENT OF TITLE 49, UNITED STATES legislation. CODE.—Except as otherwise expressly pro- H.R. 5076 provides an extra $1.7 million in vided, whenever in this Act an amendment Then I also want to thank, this is FY2007 to hire an additional 11 investigators or repeal is expressed in terms of an amend- probably our last piece of legislation, that the Agency needs to fulfill its critical mis- ment to, or a repeal of, a section or other my last piece as chairman of the Avia- sion. Moreover, the bill provides funding for an provision, the reference shall be considered tion Subcommittee, a difficult task additional 20 full-time equivalent employees in to be made to a section or other provision of over some difficult 6 years now in 2008 to enable NTSB to meet its core mission title 49, United States Code. America’s history and the history of of accident investigation. (c) TABLE OF CONTENTS.— aviation in this country. But I want to The bill also clarifies that the Board has ju- Sec. 1. Short title; amendment of title 49, personally thank our staff director Jim risdiction to investigate major marine casual- United States Code; table of Coon, who has helped lead that effort; contents. ties occurring on all bodies of water ‘‘on or Sec. 2. Pipeline safety and damage preven- professional staffer Sharon Barkeloo; under the navigable waters, internal waters, or tion. Holly Woodruff Lyons; Chris Brown; the territorial sea of the United States, such as Sec. 3. Public education and awareness. and our clerk, Jason Rosa; and two the Ethan Allen accident on Lake George, Sec. 4. Low-stress pipelines. people who aren’t with us, Mr. David New York, that occurred on October 2, 2005, Sec. 5. Technical assistance grants. Schaeffer, who was the staff director killing 20 passengers. Further, the bill ensures Sec. 6. Enforcement transparency. Sec. 7. Direct line sales. during 9/11 and some of the very trying that each member of the Safety Board, not the Sec. 8. Petroleum transportation capacity times we experienced; and also Sharon Chairman, retains the authority to appoint em- and regulatory adequacy study. Pinkerton, my chief legislative trans- ployees on their own personal staff. The bill Sec. 9. Distribution integrity management portation counsel. They are no longer also requires the Government Accountability program rulemaking deadline.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0655 E:\CR\FM\K06DE7.134 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8835 Sec. 10. Emergency waivers. vent damage by demolition, excavation, tun- shall take into consideration the commit- Sec. 11. Restoration of operations. neling, or construction activity to the pipe- ment of each State to ensuring the effective- Sec. 12. Pipeline control room management. line facilities to which the certification ap- ness of its damage prevention program, in- Sec. 13. Safety orders. plies that subjects persons who violate the cluding legislative and regulatory actions Sec. 14. Integrity program enforcement. applicable requirements of that program to taken by the State. Sec. 15. Incident reporting. civil penalties and other enforcement ac- ‘‘(d) APPLICATION.—If a State authority Sec. 16. Senior executive signature of integ- tions that are substantially the same as are files an application for a grant under this rity management program per- provided under this chapter, and addresses section not later than September 30 of a cal- formance reports. the elements in section 60134(b);’’. endar year and demonstrates that the Gov- Sec. 17. Cost recovery for design reviews. (2) IN GENERAL.—Chapter 601 is amended by ernor (or chief executive) of the State has Sec. 18. Authorization of appropriations. adding at the end the following: designated it as the appropriate State authority to receive the grant, the Secretary Sec. 19. Standards to implement NTSB rec- ‘‘§ 60134. State damage prevention programs ommendations. shall review the State’s damage prevention ‘‘(a) IN GENERAL.—The Secretary may Sec. 20. Accident reporting form. program to determine its effectiveness. make a grant to a State authority (including Sec. 21. Leak detection technology study. ‘‘(e) USE OF FUNDS.—A grant under this a municipality with respect to intrastate gas Sec. 22. Corrosion control regulations. section to a State authority may only be pipeline transportation) to assist in improv- Sec. 23. Inspector General report. used to pay the cost of the personnel, equip- ing the overall quality and effectiveness of a Sec. 24. Technical assistance program. ment, and activities that the State author- damage prevention program of the State au- Sec. 25. Natural gas pipelines. ity reasonably requires for the calendar year thority under subsection (e) if the State au- Sec. 26. Corrosion technology. covered by the grant to develop or carry out thority— its damage prevention program in accord- SEC. 2. PIPELINE SAFETY AND DAMAGE PREVEN- ‘‘(1) has in effect an annual certification TION. ance with subsection (b). under section 60105 or an agreement under ‘‘(f) NONAPPLICABILITY OF LIMITATION.—A (a) ONE CALL CIVIL ENFORCEMENT.— section 60106; and grant made under this section is not subject (1) PROHIBITIONS.—Section 60114 is amended ‘‘(2)(A) has in effect an effective damage to the section 60107(a) limitation on the max- by adding at the end the following: prevention program that meets the require- imum percentage of funds to be paid by the ‘‘(d) PROHIBITION APPLICABLE TO EXCA- ments of subsection (b); or Secretary. VATORS.—A person who engages in demoli- ‘‘(B) demonstrates that it has made sub- ‘‘(g) LIMITATION ON USE OF FUNDS.—Funds tion, excavation, tunneling, or construc- stantial progress toward establishing such a provided to carry out this section may not tion— program, and that such program will meet be used for lobbying or in direct support of ‘‘(1) may not engage in a demolition, exca- the requirements of subsection (b). litigation. vation, tunneling, or construction activity ‘‘(b) DAMAGE PREVENTION PROGRAM ELE- ‘‘(h) DAMAGE PREVENTION PROCESS DE- in a State that has adopted a one-call notifi- MENTS.—An effective damage prevention pro- FINED.—In this section, the term ‘damage cation system without first using that sys- gram includes the following elements: prevention process’ means a process that in- tem to establish the location of underground ‘‘(1) Participation by operators, exca- corporates the principles described in sec- facilities in the demolition, excavation, tun- vators, and other stakeholders in the devel- tions 60114(b), 60114(d), and 60114(e).’’. neling, or construction area; opment and implementation of methods for (3) CLERICAL AMENDMENT.—The analysis for ‘‘(2) may not engage in such demolition, establishing and maintaining effective com- chapter 601 is amended by adding at the end excavation, tunneling, or construction activ- munications between stakeholders from re- the following: ity in disregard of location information or ceipt of an excavation notification until suc- ‘‘60134. State damage prevention programs.’’. markings established by a pipeline facility cessful completion of the excavation, as ap- (c) STATE PIPELINE SAFETY GRANTS.—Sec- operator pursuant to subsection (b); and propriate. tion 60107(a) is amended by striking ‘‘not ‘‘(3) and who causes damage to a pipeline ‘‘(2) A process for fostering and ensuring more than 50 percent’’ and inserting ‘‘not facility that may endanger life or cause seri- the support and partnership of stakeholders, more than 80 percent’’. ous bodily harm or damage to property— including excavators, operators, locators, de- (d) MAINTENANCE OF EFFORT.—Section ‘‘(A) may not fail to promptly report the signers, and local government in all phases 60107(b) is amended by striking ‘‘spent—’’ damage to the owner or operator of the facil- of the program. and all that follows and inserting ‘‘spent for ity; and ‘‘(3) A process for reviewing the adequacy gas and hazardous liquid safety programs for ‘‘(B) if the damage results in the escape of of a pipeline operator’s internal performance the 3 fiscal years prior to the fiscal year in any flammable, toxic, or corrosive gas or liq- measures regarding persons performing lo- which the Secretary makes the payment, ex- uid, may not fail to promptly report to other cating services and quality assurance pro- cept when the Secretary waives this require- appropriate authorities by calling the 911 grams. ment.’’. emergency telephone number. ‘‘(4) Participation by operators, exca- (e) DAMAGE PREVENTION TECHNOLOGY DE- ‘‘(e) PROHIBITION APPLICABLE TO UNDER- vators, and other stakeholders in the devel- VELOPMENT.—Section 60114 (as amended by GROUND PIPELINE FACILITY OWNERS AND OP- opment and implementation of effective em- subsection (a)(1) of this section) is further ERATORS.—Any owner or operator of a pipe- ployee training programs to ensure that op- amended by adding at the end the following: line facility who fails to respond to a loca- erators, the one-call center, the enforcing ‘‘(g) TECHNOLOGY DEVELOPMENT GRANTS.— tion request in order to prevent damage to agency, and the excavators have partnered The Secretary may make grants to any orga- the pipeline facility or who fails to take rea- to design and implement training for the em- nization or entity (not including for-profit sonable steps, in response to such a request, ployees of operators, excavators, and loca- entities) for the development of technologies to ensure accurate marking of the location tors. that will facilitate the prevention of pipeline of the pipeline facility in order to prevent ‘‘(5) A process for fostering and ensuring damage caused by demolition, excavation, damage to the pipeline facility shall be sub- active participation by all stakeholders in tunneling, or construction activities, with ject to a civil action under section 60120 or public education for damage prevention ac- emphasis on wireless and global positioning assessment of a civil penalty under section tivities. technologies having potential for use in con- 60122. ‘‘(6) A process for resolving disputes that nection with notification systems and under- ‘‘(f) LIMITATION.—The Secretary may not defines the State authority’s role as a part- ground facility locating and marking serv- conduct an enforcement proceeding under ner and facilitator to resolve issues. ices. Funds provided under this subsection subsection (d) for a violation within the ‘‘(7) Enforcement of State damage preven- may not be used for lobbying or in direct boundaries of a State that has the authority tion laws and regulations for all aspects of support of litigation. The Secretary may to impose penalties described in section the damage prevention process, including also support such technology development 60134(b)(7) against persons who violate that public education, and the use of civil pen- through cooperative agreements with trade State’s damage prevention laws, unless the alties for violations assessable by the appro- associations, academic institutions, and Secretary has determined that the State’s priate State authority. other organizations.’’. enforcement is inadequate to protect safety, ‘‘(8) A process for fostering and promoting SEC. 3. PUBLIC EDUCATION AND AWARENESS. consistent with this chapter, and until the the use, by all appropriate stakeholders, of (a) IN GENERAL.—Chapter 61 is amended by Secretary issues, through a rulemaking pro- improving technologies that may enhance adding at the end the following: ceeding, the procedures for determining in- communications, underground pipeline lo- ‘‘§ 6109. Public education and awareness adequate State enforcement of penalties.’’. cating capability, and gathering and ana- ‘‘(a) GRANT AUTHORITY.—The Secretary (2) CIVIL PENALTY.—Section 60122(a)(1) is lyzing information about the accuracy and shall make a grant to an appropriate entity amended by striking ‘‘60114(b)’’ and inserting effectiveness of locating programs. for promoting public education and aware- ‘‘60114(b), 60114(d),’’. ‘‘(9) A process for review and analysis of ness with respect to the 811 national exca- (b) STATE DAMAGE PREVENTION PRO- the effectiveness of each program element, vation damage prevention phone number. GRAMS.— including a means for implementing im- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— (1) CONTENTS OF CERTIFICATIONS.—Section provements identified by such program re- There is authorized to be appropriated to the 60105(b)(4) is amended to read as follows: views. Secretary $1,000,000 for the period beginning ‘‘(4) is encouraging and promoting the es- ‘‘(c) FACTORS TO CONSIDER.—In making October 1, 2006, and ending September 30, tablishment of a program designed to pre- grants under this section, the Secretary 2008, to carry out this section.’’.

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(b) CLERICAL AMENDMENT.—The analysis (4) in subsection (d) by striking ‘‘2006’’ and may consult with the heads of other govern- for chapter 61 is amended by adding at the inserting ‘‘2010’’. ment agencies and public- and private-sector end the following: SEC. 6. ENFORCEMENT TRANSPARENCY. experts in pipeline and other forms of petro- ‘‘6109. Public education and awareness.’’. (a) IN GENERAL.—Chapter 601 (as amended leum product transportation, energy con- SEC. 4. LOW-STRESS PIPELINES. by section 2(b) of this Act) is further amend- sumption, pipeline capacity, population, and Section 60102(k) is amended to read as fol- ed by adding at the end the following: economic development. ‘‘(c) REPORT TO CONGRESS.—Not later than lows: ‘‘§ 60135. Enforcement transparency ‘‘(k) LOW-STRESS HAZARDOUS LIQUID PIPE- June 1, 2008, the Secretaries shall submit to ‘‘(a) IN GENERAL.—Not later than Decem- LINES.— the Committee on Energy and Commerce and ber 31, 2007, the Secretary shall— ‘‘(1) MINIMUM STANDARDS.—Not later than the Committee on Transportation and Infra- December 31, 2007, the Secretary shall issue ‘‘(1) provide a monthly updated summary structure of the House of Representatives regulations subjecting low-stress hazardous to the public of all gas and hazardous liquid and the Committee on Commerce, Science, liquid pipelines to the same standards and pipeline enforcement actions taken by the and Transportation and the Committee on regulations as other hazardous liquid pipe- Secretary or the Pipeline and Hazardous Ma- Energy and Natural Resources of the Senate lines, except as provided in paragraph (3). terials Safety Administration, from the time a report setting forth their recommendations The implementation of the applicable stand- a notice commencing an enforcement action to reduce the likelihood of the shortages and ards and regulatory requirements may be is issued until the enforcement action is price disruptions referred to in subsection phased in. The regulations issued under this final; (a). paragraph shall not apply to gathering lines. ‘‘(2) include in each such summary identi- ‘‘(d) ADDITIONAL REPORTS.—The Secre- ‘‘(2) GENERAL PROHIBITION AGAINST LOW IN- fication of the operator involved in the en- taries shall submit additional reports to the TERNAL STRESS EXCEPTION.—Except as pro- forcement activity, the type of alleged viola- congressional committees referred to in sub- vided in paragraph (3), the Secretary may tion, the penalty or penalties proposed, any section (c) containing the results of any sub- not provide an exception to the requirements changes in case status since the previous sequent analyses performed under subsection of this chapter for a hazardous liquid pipe- summary, the final assessment amount of (a) and any additional recommendations, as line because the pipeline operates at low in- each penalty, and the reasons for a reduction appropriate. ternal stress. in the proposed penalty, if appropriate; and ‘‘(e) PETROLEUM PRODUCT DEFINED.—In this ‘‘(3) LIMITED EXCEPTIONS.—The Secretary ‘‘(3) provide a mechanism by which a pipe- section, the term ‘petroleum product’ means shall provide or continue in force exceptions line operator named in an enforcement ac- oil of any kind or in any form, gasoline, to this subsection for low-stress hazardous tion may make information, explanations, or diesel fuel, aviation fuel, fuel oil, kerosene, liquid pipelines that— documents it believes are responsive to the any product obtained from refining or proc- ‘‘(A) are subject to safety regulations of enforcement action available to the public. essing of crude oil, liquefied petroleum the United States Coast Guard; or ‘‘(b) ELECTRONIC AVAILABILITY.—Each sum- gases, natural gas liquids, petrochemical ‘‘(B) serve refining, manufacturing, or mary under this section shall be made avail- feedstocks, condensate, waste or refuse mix- truck, rail, or vessel terminal facilities if the able to the public by electronic means. tures containing any of such oil products, pipeline is less than 1 mile long (measured ‘‘(c) RELATIONSHIP TO FOIA.—Nothing in and any other liquid hydrocarbon com- outside the facility grounds) and does not this section shall be construed to require dis- pounds.’’. closure of information or records that are ex- cross an offshore area or a waterway cur- (b) CLERICAL AMENDMENT.—The analysis rently used for commercial navigation, empt from disclosure under section 552 of for chapter 601 (as amended by sections 2(b) title 5.’’. and 6 of this Act) is further amended by add- until regulations issued under paragraph (1) LERICAL AMENDMENT.—The analysis (b) C ing at the end the following: become effective. After such regulations be- for chapter 601 (as amended by section 2(b) of come effective, the Secretary may retain or this Act) is further amended by adding at the ‘‘60136. Petroleum product transportation remove those exceptions as appropriate. end: capacity study.’’. ‘‘(4) RELATIONSHIP TO OTHER LAWS.—Noth- ‘‘60135. Enforcement transparency.’’. SEC. 9. DISTRIBUTION INTEGRITY MANAGEMENT ing in this subsection shall be construed to PROGRAM RULEMAKING DEADLINE. prohibit or otherwise affect the applicability SEC. 7. DIRECT LINE SALES. Section 60109 is amended by adding at the of any other statutory or regulatory exemp- Section 60101(a) is amended— end the following: (1) by striking paragraph (6) and inserting tion to any hazardous liquid pipeline. ‘‘(e) DISTRIBUTION INTEGRITY MANAGEMENT the following: ‘‘(5) DEFINITION.—For purposes of this sub- PROGRAMS.— ‘‘(6) ‘interstate gas pipeline facility’ means section, the term ‘low-stress hazardous liq- ‘‘(1) MINIMUM STANDARDS.—Not later than uid pipeline’ means a hazardous liquid pipe- a gas pipeline facility— December 31, 2007, the Secretary shall pre- line that is operated in its entirety at a ‘‘(A) used to transport gas; and scribe minimum standards for integrity stress level of 20 percent or less of the speci- ‘‘(B) subject to the jurisdiction of the Com- management programs for distribution pipe- fied minimum yield strength of the line pipe. mission under the Natural Gas Act (15 U.S.C. lines. 717 et seq.);’’; and ‘‘(6) EFFECTIVE DATE.—The requirements of ‘‘(2) ADDITIONAL AUTHORITY OF SEC- (2) by striking paragraph (9) and inserting this subsection shall not take effect as to RETARY.—In carrying out this subsection, low-stress hazardous liquid pipeline opera- the following: the Secretary may require operators of dis- tors before the effective date of the rules ‘‘(9) ‘intrastate gas pipeline facility’ means tribution pipelines to continually identify promulgated by the Secretary under this a gas pipeline facility and transportation of and assess risks on their distribution lines, subsection.’’. gas within a State not subject to the juris- to remediate conditions that present a po- SEC. 5. TECHNICAL ASSISTANCE GRANTS. diction of the Commission under the Natural tential threat to line integrity, and to mon- Section 60130 is amended— Gas Act (15 U.S.C. 717 et seq.);’’. itor program effectiveness. (1) in subsection (a)(1) by striking ‘‘The SEC. 8. PETROLEUM TRANSPORTATION CAPAC- ‘‘(3) EXCESS FLOW VALVES.— ITY AND REGULATORY ADEQUACY Secretary shall establish competitive’’ and ‘‘(A) IN GENERAL.—The minimum standards STUDY. insert ‘‘No grants may be awarded under sec- shall include a requirement for an operator tion 60114(g) until the Secretary has estab- (a) IN GENERAL.—Chapter 601 (as amended of a natural gas distribution system to in- lished competitive’’; by sections 2(b) and 6 of this Act) is further stall an excess flow valve on each single fam- (2) in subsection (a) by redesignating para- amended by adding at the end the following: ily residence service line connected to such graph (2) as paragraph (4); ‘‘§ 60136. Petroleum product transportation system if— (3) in subsection (a) by inserting after capacity study ‘‘(i) the service line is installed or entirely paragraph (1) the following: ‘‘(a) IN GENERAL.—The Secretaries of replaced after June 1, 2008; ‘‘(2) DEMONSTRATION GRANTS.—At least the Transportation and Energy shall conduct ‘‘(ii) the service line operates continuously first 3 grants awarded under this section periodic analyses of the domestic transport throughout the year at a pressure not less shall be demonstration grants for the pur- of petroleum products by pipeline. Such than 10 pounds per square inch gauge; pose of demonstrating and evaluating the analyses should identify areas of the United ‘‘(iii) the service line is not connected to a utility of grants under this section. Each States where unplanned loss of individual gas stream with respect to which the oper- such demonstration grant shall not exceed pipeline facilities may cause shortages of pe- ator has had prior experience with contami- $25,000. troleum products or price disruptions and nants the presence of which could interfere ‘‘(3) DISSEMINATION OF TECHNICAL FIND- where shortages of pipeline capacity and re- with the operation of an excess flow valve; INGS.—Each recipient of a grant under this liability concerns may have or are antici- ‘‘(iv) the installation of an excess flow section shall ensure that— pated to contribute to shortages of petro- valve on the service line is not likely to ‘‘(A) the technical findings made possible leum products or price disruptions. Upon cause loss of service to the residence or by the grants are made available to the rel- identifying such areas, the Secretaries may interfere with necessary operation or main- evant operators; and determine if the current level of regulation tenance activities, such as purging liquids ‘‘(B) open communication between the is sufficient to minimize the potential for from the service line; and grant recipients, local operators, local com- unplanned losses of pipeline capacity. ‘‘(v) an excess flow valve meeting perform- munities, and other interested parties is en- ‘‘(b) CONSULTATION.—In preparing any ance standards developed under section couraged.’’; and analysis under this section, the Secretaries 60110(e) of title 49, United States Code, is

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.085 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8837 commercially available to the operator, as instrumentality of the United States Gov- providing that, after notice and opportunity determined by the Secretary. ernment, other than the Department of for a hearing, if the Secretary determines ‘‘(B) REPORTS.—Operators of natural gas Transportation.’’. that a pipeline facility has a condition that distribution systems shall report annually to SEC. 12. PIPELINE CONTROL ROOM MANAGE- poses a pipeline integrity risk to public safe- the Secretary on the number of excess flow MENT. ty, property, or the environment, the Sec- valves installed on their systems under sub- (a) IN GENERAL.—Chapter 601 (as amended retary may order the operator of the facility paragraph (A). by sections 2(b), 6, and 8 of this Act) is fur- to take necessary corrective action, includ- ‘‘(4) APPLICABILITY.—The Secretary shall ther amended by adding at the end the fol- ing physical inspection, testing, repair, or determine which distribution pipelines will lowing: other appropriate action, to remedy that be subject to the minimum standards. ‘‘§ 60137. Pipeline control room management condition. ‘‘(5) DEVELOPMENT AND IMPLEMENTATION.— ‘‘(a) IN GENERAL.—Not later than June 1, ‘‘(2) CONSIDERATIONS.—In making a deter- Each operator of a distribution pipeline that 2008, the Secretary shall issue regulations re- mination under paragraph (1), the Secretary, the Secretary determines is subject to the quiring each operator of a gas or hazardous if relevant and pursuant to the regulations minimum standards prescribed by the Sec- liquid pipeline to develop, implement, and issued under paragraph (1), shall consider— retary under this subsection shall develop submit to the Secretary or, in the case of an ‘‘(A) the considerations specified in para- and implement an integrity management operator of an intrastate pipeline located graphs (1) through (6) of section 60112(b); program in accordance with those standards. within the boundaries of a State that has in ‘‘(B) the likelihood that the condition will ‘‘(6) SAVINGS CLAUSE.—Subject to section effect an annual certification under section impair the serviceability of a pipeline; 60104(c), a State authority having a current 60105, to the head of the appropriate State ‘‘(C) the likelihood that the condition will certification under section 60105 may adopt authority, a human factors management worsen over time; and or continue in force additional integrity plan designed to reduce risks associated with ‘‘(D) the likelihood that the condition is management requirements, including addi- human factors, including fatigue, in each present or could develop on other areas of tional requirements for installation of excess control center for the pipeline. Each plan the pipeline.’’. flow valves, for gas distribution pipelines must include, among the measures to reduce SEC. 14. INTEGRITY PROGRAM ENFORCEMENT. within the boundaries of that State.’’. such risks, a maximum limit on the hours of Section 60109(c)(9)(A)(iii) is amended to SEC. 10. EMERGENCY WAIVERS. service established by the operator for indi- read as follows: Section 60118(c) is amended to read as fol- viduals employed as controllers in a control ‘‘(iii) INADEQUATE PROGRAMS.—If the Sec- lows: center for the pipeline. retary determines that a risk analysis or in- ‘‘(c) WAIVERS BY SECRETARY.— ‘‘(b) REVIEW AND APPROVAL OF THE PLAN.— tegrity management program does not com- ‘‘(1) NONEMERGENCY WAIVERS.— The Secretary or, in the case of an operator ply with the requirements of this subsection ‘‘(A) IN GENERAL.—On application of an of an intrastate pipeline located within the or regulations issued as described in para- owner or operator of a pipeline facility, the boundaries of a State that has in effect an graph (2), has not been adequately imple- Secretary by order may waive compliance annual certification under section 60105, the mented, or is inadequate for the safe oper- with any part of an applicable standard pre- head of the appropriate State authority, ation of a pipeline facility, the Secretary scribed under this chapter with respect to shall review and approve each plan sub- may conduct proceedings under this chap- such facility on terms the Secretary con- mitted to the Secretary or the head of such ter.’’. siders appropriate if the Secretary deter- authority under subsection (a). The Sec- SEC. 15. INCIDENT REPORTING. mines that the waiver is not inconsistent retary and the head of such authority may Not later than December 31, 2007, the Sec- with pipeline safety. not approve a plan that does not include a retary of Transportation shall review the in- ‘‘(B) HEARING.—The Secretary may act on maximum limit on the hours of service es- cident reporting requirements for operators a waiver under this paragraph only after no- tablished by the operator of the pipeline for of natural gas pipelines and modify the re- tice and an opportunity for a hearing. individuals employed as controllers in a con- porting criteria as appropriate to ensure ‘‘(2) EMERGENCY WAIVERS.— trol center for the pipeline. that the incident data gathered accurately ‘‘(A) IN GENERAL.—The Secretary by order ‘‘(c) ENFORCEMENT OF THE PLAN.—If the reflects incident trends over time, taking may waive compliance with any part of an Secretary or the head of the appropriate into consideration the recommendations applicable standard prescribed under this State authority determines that an opera- from the Comptroller General in GAO report chapter on terms the Secretary considers ap- tor’s plan submitted to the Secretary or the 06–946. propriate without prior notice and comment head of such authority under subsection (a), SEC. 16. SENIOR EXECUTIVE SIGNATURE OF IN- if the Secretary determines that— or implementation of such a plan, does not TEGRITY MANAGEMENT PROGRAM PERFORMANCE REPORTS. ‘‘(i) it is in the public interest to grant the comply with the regulations issued under Section 60109 (as amended by section 9 of waiver; this section or is inadequate for the safe op- this Act) is further amended by adding at the ‘‘(ii) the waiver is not inconsistent with eration of a pipeline, the Secretary or the end the following: pipeline safety; and head of such authority may take action con- ‘‘(f) CERTIFICATION OF PIPELINE INTEGRITY ‘‘(iii) the waiver is necessary to address an sistent with this chapter and enforce the re- MANAGEMENT PROGRAM PERFORMANCE.—The actual or impending emergency involving quirements of such regulations. Secretary shall establish procedures requir- pipeline transportation, including an emer- ‘‘(d) COMPLIANCE WITH THE PLAN.—Each op- ing certification of annual and semiannual gency caused by a natural or manmade dis- erator of a gas or hazardous liquid pipeline pipeline integrity management program per- aster. shall document compliance with the plan formance reports by a senior executive offi- ‘‘(B) PERIOD OF WAIVER.—A waiver under submitted by the operator under subsection cer of the company operating a pipeline sub- this paragraph may be issued for a period of (a) and the reasons for any deviation from ject to this chapter. The procedures shall re- not more than 60 days and may be renewed compliance with such plan. The Secretary or quire a signed statement, which may be ef- upon application to the Secretary only after the head of the appropriate State authority, fected electronically in accordance with the notice and an opportunity for a hearing on as the case may be, shall review the reason- provisions of the Electronic Signatures in the waiver. The Secretary shall immediately ableness of any such deviation in considering Global and National Commerce Act (15 revoke the waiver if continuation of the whether to take enforcement action or dis- U.S.C. 7001 et seq.), certifying that— waiver would not be consistent with the continue approval of the operator’s plan ‘‘(1) the signing officer has reviewed the re- goals and objectives of this chapter. under subsection (b). port; and ‘‘(3) STATEMENT OF REASONS.—The Sec- ‘‘(e) DEVIATION REPORTING REQUIRE- ‘‘(2) to the best of such officer’s knowledge retary shall state in an order issued under MENTS.—In issuing regulations under sub- and belief, the report is true and complete.’’. this subsection the reasons for granting the section (a), the Secretary shall develop and SEC. 17. COST RECOVERY FOR DESIGN REVIEWS. waiver.’’. include in such regulations requirements for Section 60117 (as amended by section 11 of SEC. 11. RESTORATION OF OPERATIONS. an operator of a gas or hazardous liquid pipe- this Act) is amended by adding at the end Section 60117 is amended by adding at the line to report deviations from compliance the following: end the following: with the plan submitted by the operator ‘‘(n) COST RECOVERY FOR DESIGN RE- ‘‘(m) RESTORATION OF OPERATIONS.— under subsection (a).’’. VIEWS.— ‘‘(1) IN GENERAL.—The Secretary may ad- (b) CLERICAL AMENDMENT.—The analysis ‘‘(1) IN GENERAL.—If the Secretary con- vise, assist, and cooperate with the heads of for chapter 601 (as amended by sections 2(b), ducts facility design safety reviews in con- other departments, agencies, and instrumen- 6, and 8 of this Act) is further amended by nection with a proposal to construct, expand, talities of the United States Government, adding at the end the following: or operate a liquefied natural gas pipeline fa- the States, and public and private agencies ‘‘60137. Pipeline control room manage- cility, the Secretary may require the person and persons to facilitate the restoration of ment.’’. requesting such reviews to pay the associ- pipeline operations that have been or are an- SEC. 13. SAFETY ORDERS. ated staff costs relating to such reviews in- ticipated to become disrupted by manmade Section 60117(l) is amended to read as fol- curred by the Secretary in section 60301(d). or natural disasters. lows: The Secretary may assess such costs in any ‘‘(2) SAVINGS CLAUSE.—Nothing in this sec- ‘‘(l) SAFETY ORDERS.— reasonable manner. tion alters or amends the authorities and re- ‘‘(1) IN GENERAL.—Not later than December ‘‘(2) DEPOSIT.—The Secretary shall deposit sponsibilities of any department, agency, or 31, 2007, the Secretary shall issue regulations all funds paid to the Secretary under this

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.085 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8838 CONGRESSIONAL RECORD — HOUSE December 6, 2006 subsection into the Department of Treasury pipeline inspection and enforcement per- Transportation has communicated and co- account 69–5172–0–2–407 or its successor ac- sonnel at the Pipeline and Hazardous Mate- ordinated with the Department of Homeland count. rials Safety Administration does not fall Security on matters relating to pipeline se- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— below 100 for fiscal year 2007, 111 for fiscal curity; Funds deposited pursuant to this subsection year 2008, 123 for fiscal year 2009, and 135 for (4) address the adequacy of security stand- are authorized to be appropriated for the fiscal year 2010. ards for gas and oil pipelines in coordination, purposes set forth in section 60301(d).’’. SEC. 19. STANDARDS TO IMPLEMENT NTSB REC- as necessary, with the Inspector General of SEC. 18. AUTHORIZATION OF APPROPRIATIONS. OMMENDATIONS. the Department of Homeland Security; and Not later than June 1, 2008, the Secretary (a) GAS AND HAZARDOUS LIQUID.—Section (5) consider any other issues determined to 60125(a) is amended to read as follows: of Transportation shall issue standards that be appropriate by the Inspector General of implement the following recommendations ‘‘(a) GAS AND HAZARDOUS LIQUID.— the Department of Transportation or the contained in the National Transportation ‘‘(1) IN GENERAL.—To carry out the provi- Secretary of Transportation. Safety Board’s report entitled ‘‘Supervisory sions of this chapter related to gas and haz- (c) ASSESSMENT REPORT AND PERIODIC STA- Control and Data Acquisition (SCADA) in ardous liquid and section 12 of the Pipeline TUS UPDATES.— Liquid Pipelines’’ and adopted November 29, Safety Improvement Act of 2002 (49 U.S.C. (1) ASSESSMENT REPORT.—Not later than 2005: 60101 note; Public Law 107–355), the following December 31, 2007, the Inspector General of (1) Implementation of the American Petro- amounts are authorized to be appropriated the Department of Transportation shall leum Institute’s Recommended Practice 165 to the Department of Transportation from transmit a report on the results of the as- for the use of graphics on the supervisory fees collected under section 60301 in each re- sessment, together with any recommenda- control and data acquisition screens. spective year: tions (including legislative options for Con- (2) Implementation of a standard for pipe- ‘‘(A) For fiscal year 2007, $60,175,000 of gress to consider), to the Committees on line companies to review and audit alarms which $7,386,000 is for carrying out such sec- Transportation and Infrastructure and En- on monitoring equipment. tion 12 and $17,556,000 is for making grants. ergy and Commerce of the House of Rep- (3) Implementation of standards for pipe- ‘‘(B) For fiscal year 2008, $67,118,000 of resentatives and the Committee on Com- line controller training that include simu- which $7,586,000 is for carrying out such sec- merce, Science, and Transportation of the lator or noncomputerized simulations for tion 12 and $20,614,000 is for making grants. Senate. controller recognition of abnormal pipeline ‘‘(C) For fiscal year 2009, $72,045,000 of (2) PERIODIC STATUS REPORTS.—The Inspec- operating conditions, in particular, leak which $7,586,000 is for carrying out such sector General shall transmit periodically to events. tion 12 and $21,513,000 is for making grants. the Committees as referred to in paragraph ‘‘(D) For fiscal year 2010, $76,580,000 of SEC. 20. ACCIDENT REPORTING FORM. (1), as necessary and appropriate, reports on Not later than December 31, 2007, the Sec- which $7,586,000 is for carrying out sub- matters pertaining to the implementation by retary of Transportation shall amend acci- section 12 and $22,252,000 is for making the Department of Transportation of any dent reporting forms to require operators of grants. recommendations contained in the report gas and hazardous liquid pipelines to provide ‘‘(2) TRUST FUND AMOUNTS.—In addition to transmitted pursuant to paragraph (1). data related to controller fatigue. the amounts authorized to be appropriated (d) FORMAT.—The report, or portions of the by paragraph (1) the following amounts are SEC. 21. LEAK DETECTION TECHNOLOGY STUDY. Not later than December 31, 2007, the Sec- report, under subsection (c)(1) may be sub- authorized from the Oil Spill Liability Trust retary of Transportation shall submit to mitted in a classified format if the Inspector Fund to carry out the provisions of this Congress a report on leak detection systems General determines that such action is nec- chapter related to hazardous liquid and sec- utilized by operators of hazardous liquid essary. tion 12 of the Pipeline Safety Improvement pipelines. The report shall include a discus- Act of 2002 (49 U.S.C. 60101 note; Public Law SEC. 24. TECHNICAL ASSISTANCE PROGRAM. sion of the inadequacies of current leak de- 107–355): tection systems, including their ability to (a) IN GENERAL.—The Secretary of Trans- ‘‘(A) For fiscal year 2007, $18,810,000 of detect ruptures and small leaks that are on- portation may award, through a competitive which $4,207,000 is for carrying out such sec- going or intermittent, and what can be done process, grants to universities with expertise tion 12 and $2,682,000 is for making grants. to foster development of better technologies in pipeline safety and security to establish ‘‘(B) For fiscal year 2008, $19,000,000 of as well as address existing technological in- jointly a collaborative program to conduct which $4,207,000 is for carrying out such sec- adequacies. pipeline safety and technical assistance pro- tion 12 and $2,682,000 is for making grants. SEC. 22. CORROSION CONTROL REGULATIONS. grams. ‘‘(C) For fiscal year 2009, $19,500,000 of (a) REVIEW.—The Secretary of Transpor- (b) DUTIES.—In cooperation with the Pipe- which $4,207,000 is for carrying out such sec- tation, in consultation with the Technical line and Hazardous Materials Safety Admin- tion 12 and $3,103,000 is for making grants. Hazardous Liquid Pipeline Safety Standards istration and representatives from States ‘‘(D) For fiscal year 2010, $20,000,000 of Committee and other appropriate entities, and boards of public utilities, the partici- which $4,207,000 is for carrying out such sec- shall review the internal corrosion control pants in the collaborative program estab- tion 12 $3,603,000 is for making grants.’’. regulations set forth in subpart H of part 195 lished under subsection (a) shall be respon- ONFORMING AMENDMENTS.—Section (b) C of title 49 of the Code of Federal Regulations sible for development of workforce training 60125 is amended— to determine if such regulations are cur- and technical assistance programs through (1) by striking subsections (b) and (c); and rently adequate to ensure that the pipeline statewide and regional partnerships that (2) by redesignating subsections (d) and (e) facilities subject to such regulations will not provide for— as subsections (b) and (c), respectively. present a hazard to public safety or the envi- (1) communication of national, State, and (c) EMERGENCY RESPONSE GRANTS.—Section ronment. local safety information to pipeline opera- 60125(b) (as redesignated by subsection (b)(2) (b) REPORT.—Not later than December 31, tors; of this section) is amended— 2007, the Secretary shall submit to Congress (2) distribution of technical resources and (1) in paragraph (1) by adding at the end a report containing the results of the review training to support current and future Fed- the following: ‘‘To the extent that such and may modify the regulations referred to eral mandates; and grants are used to train emergency respond- in subsection (a) if necessary and appro- (3) evaluation of program outcomes. ers, such training shall ensure that emer- priate. (c) TRAINING AND EDUCATIONAL MATE- gency responders have the ability to protect SEC. 23. INSPECTOR GENERAL REPORT. RIALS.—The collaborative program estab- nearby persons, property, and the environ- (a) ASSESSMENT.—Not later than December lished under subsection (a) may include ment from the effects of accidents or inci- 31, 2007, the Inspector General of the Depart- courses in recent developments, techniques, dents involving gas or hazardous liquid pipe- ment of Transportation shall conduct an as- and procedures related to— lines, in accordance with existing regula- sessment of the actions the Department has (1) safety and security of pipeline systems; tions.’’; and taken in implementing the annex to the (2) in paragraph (2)— memorandum of understanding between the (2) incident and risk management for such (A) by striking ‘‘$6,000,000’’ and inserting Secretary of Transportation and the Sec- systems; ‘‘$10,000,000’’; and retary of Homeland Security, dated Sep- (3) integrity management for such sys- (B) by striking ‘‘2003 through 2006’’ and in- tember 28, 2004, relating to pipeline security. tems; serting ‘‘2007 through 2010’’. (b) SPECIFIED DUTIES OF INSPECTOR GEN- (4) consequence modeling for such systems; (d) ONE-CALL NOTIFICATION PROGRAMS.— ERAL.— In carrying out the assessment, the (5) detection of encroachments and moni- Section 6107 is amended— Inspector General shall— toring of rights-of-way for such systems; and (1) in subsection (a) by striking ‘‘fiscal (1) provide a status report on implementa- (6) vulnerability assessment of such sys- years 2003 through 2006’’ and inserting ‘‘fiscal tion of the program elements outlined and tems at both project and national levels. years 2007 through 2010’’; and developed in the annex; (d) REPORTS.— (2) in subsection (b) by striking ‘‘for fiscal (2) describe the roles, responsibilities, and (1) UNIVERSITY.—Not later than March 31, years 2003 through 2006’’ and inserting ‘‘for authority of the Department of Transpor- 2009, the universities awarded grants under fiscal years 2007 through 2010’’. tation relating to pipeline security; subsection (a) shall submit to the Secretary (e) INSPECTOR STAFFING.—The Secretary (3) assess the adequacy and effectiveness of a report on the results of the collaborative shall ensure that the number of positions for the process by which the Department of program.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.085 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8839 (2) SECRETARY.—Not later than October 1, I want to also thank the chairman of ance from what we saw as needed im- 2009, the Secretary shall transmit the re- the Energy and Commerce Committee, provements in pipeline safety from the ports submitted to the Secretary under para- JOE BARTON, and my very good friend industry. graph (1), along with any findings, rec- and colleague, ranking Democrat, JOHN Not so this time around. In fact, ommendations, or legislative options for there was broad consensus with the Congress to consider, to the Committees on DINGELL for their excellent work to Transportation and Infrastructure and En- bring this bill to this point. majority side, with the majority of the ergy and Commerce of the House of Rep- In September the Energy and Com- industry from the beginning, that we resentatives and the Committee on Com- merce Committee also ordered the bill wanted to make some additional im- merce, Science, and Transportation of the reported with their amendment. We provements in pipeline safety with this Senate. have worked with our friends on the bill, but that a radical new approach (e) AUTHORIZATION OF APPROPRIATIONS.— Energy and Commerce Committee, as was not warranted because we had al- There are authorized to be appropriated such well as the other body, to come up with ready laid that groundwork with the sums as may be necessary to carry out this 2002 bill. section for each of fiscal years 2007 through a bill that they will support also. 2010. The bill we are considering here b 1715 SEC. 25. NATURAL GAS PIPELINES. today has been negotiated with the The gentleman from the Energy and The Secretary of Transportation shall re- Senate Commerce Committee, and the Commerce Committee will address in view and comment on the Comptroller Gen- other body is expected to pass the bill some detail the work done and im- eral report issued under section 14(d)(1) of later this week. proved upon in their committee relat- the Pipeline Safety Improvement Act of 2002 I have been very impressed with the ing to the pipeline, low-stress pipe- (49 U.S.C. 60109 note; 116 Stat. 3005), and not work of the Pipeline and Hazardous lines, which had been substantially ex- later than 60 days after the date of enact- Materials Safety Administration, empt from regulation previously. Un- ment of this Act, transmit to Congress any which is often called PHMSA, and their legislative recommendations the Secretary fortunately, that led to some neglect considers necessary and appropriate to im- administrator, Admiral Tom Barrett. on the part of BP in Alaska, and we plement the conclusions of that report. Their response to and oversight of had the largest North Slope oil spill be- SEC. 26. CORROSION TECHNOLOGY. pipeline spills on the North Slope in cause of a low pressure line which pre- Section 12 of the Pipeline Safety Improve- Alaska this past year have received viously had been thought not to be of ment Act of 2002 (49 U.S.C. 60101 note; Public widespread praise. major concern, and in fact the com- Law 107–355) is amended— We were very careful in drafting this pany itself admitted they had been (1) in subsection (c)(2) by striking ‘‘corro- bill to avoid disrupting the hard work running the lines to failure. sion,’’; and remarkable progress that occurred Well, lines nowhere will be run to (2) in subsection (c)— at PHMSA over the past 4 years. failure any more under this bill. We are (A) by striking ‘‘and’’ at the end of para- Like all legislation, this bill contains going to have more pipeline inspectors, graph (9); compromises. The policies in this bill more enforcement. We are going to (B) by redesignating paragraph (10) as paragraph (11); are the result of compromise and hard broaden the legislation to cover all (C) by inserting after paragraph (9) the fol- work. However, the compromise that pipelines and, you know, this will also lowing: we have reached in this bill will not have the Inspector General paying clos- ‘‘(10) corrosion detection and improving take away from the impact of this bill. er attention to some of the implemen- methods, best practices, and technologies for This is a good bill. It improves pipe- tation of this legislation. identifying, detecting, preventing, and man- line safety and the role of the adminis- I want to thank my chairman, Mr. aging internal and external corrosion and tration regulating pipelines. PETRI, for his help in putting this to- other safety risks; and’’; and H.R. 5782 extends the pipeline safety gether, Chairman YOUNG, Ranking (D) by adding at the end the following: program for another 4 years. To the fis- Member OBERSTAR and members of the ‘‘The results of activities carried out under cal year of 2010. These programs in- committee. paragraph (10) shall be used by the partici- Mr. Speaker, I reserve the balance of pating agencies to support development and clude operational funds for the Office improvement of national consensus stand- of Pipeline Safety to carry out its reg- my time. ards.’’; and ulatory and enforcement functions, and Mr. YOUNG of Alaska. At this time I (3) by striking subsection (f) and redesig- State pipeline safety grants that cover yield 5 minutes to the gentleman from Wisconsin (Mr. PETRI), the chairman of nating subsections (g) and (h) as subsections the cost of State expenses to carry out (f) and (g), respectively. the subcommittee on this legislation. certified pipeline safety inspect activi- Mr. PETRI. Mr. Speaker, 4 years ago The SPEAKER pro tempore. Pursu- ties. ant to the rule, the gentleman from this Congress passed the Pipeline Safe- The bill also funds emergency re- ty Improvement Act of 2002. That piece Alaska (Mr. YOUNG) and the gentleman sponse grants, public education and of legislation expired September 30. from Oregon (Mr. DEFAZIO) each will one-call damage prevention programs The bill before us, H.R. 5782, reauthor- control 20 minutes. and grants to provide technical assist- izes the Federal pipeline safety pro- The Chair recognizes the gentleman ance to local communities on pipeline grams through 2010 and amends exist- from Alaska. safety issues. ing pipeline safety law to enhance the Mr. YOUNG of Alaska. Mr. Speaker, I The administration, the States, the safety and reliability of transporting yield myself such time as I may con- pipeline safety advocates and the pipe- the Nation’s energy products by pipe- sume. line industry all support this bill. lines. Mr. Speaker, 4 years ago Congress I strongly support this legislation to By all accounts, the 2002 safety bill passed the Pipeline Safety Improve- protect public safety, and I encourage was an overwhelming success and, ment Act for 2002. The States and the my colleagues to do the same. therefore, this bill does not deviate pipeline community have praised that Mr. Speaker, I reserve the balance of from the directions set forth in that bill as an overwhelming success. my time. legislation. This bill provides the Pipe- That is why H.R. 5782, the Pipeline Mr. DEFAZIO. Mr. Speaker, I yield line and Hazardous Materials Safety Inspection Protection Enforcement and myself such time as I may consume. Administration with new civil penalty Safety Act of 2006, keeps us moving in I rise in support of H.R. 5782, Pipeline authority to enforce One-Call laws in the same positive direction as the 2002 Inspection Protection Enforcement States that do not adequately enforce pipeline bill. Safety Act of 2006. those laws. I want to thank my ranking member, We have come a long way since the This enforcement authority is bal- Democrat Member Mr. OBERSTAR, for original legislation was passed in 2002. anced in the sense that it could be used working closely with me to develop After the tragedies in Bellingham, on an operator who fails to respond to this legislation. Also, Mr. DEFAZIO has Washington, in which committee Mem- a pipeline location request or fails to worked very closely with us. We could ber RICK LARSEN played a particularly accurately mark the location of a pipe- not have accomplished this result with- key role in urging the committee for- line, as well as an excavator who fails out our subcommittee chairman, TOM ward, and Carlsbad, New Mexico, we to use the One-Call system or dis- PETRI, and of course I just mentioned had quite a contentious markup at regards location information or mark- Mr. PETER DEFAZIO. that point in time, with a lot of resist- ings.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.085 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8840 CONGRESSIONAL RECORD — HOUSE December 6, 2006 The bill also provides incentives to now should be expanded to address safety inspectors so as to augment the States to adopt and implement a com- some new urgent needs. safety advances the bill otherwise prehensive State damage prevention For example, there have been two in- makes. program and provides guidance to stances in the recent past of major oil In September, the Energy and Com- States on elements for an effective un- spills from low pressure transmission merce Committee, which shares juris- derground damage program. The bill lines in Alaska. The most recent spill diction over pipelines and over this requires the Pipeline and Hazardous necessitated shutting down for an ex- measure, approved this measure by Materials Safety Administration to es- tended time a substantial portion of voice vote. That effort was truly bipar- tablish a distribution and integrity the oil flow from Alaska to the lower 48 tisan, and I want to commend Chair- management program which pipeline States. These spills, which were much man BARTON of the Energy and Com- operators must implement and requires publicized, highlighted the need for merce Committee, Subcommittee that the administration develop regu- regulation of the low stress trans- Chairman HALL and Ranking Member lations for the operation of low stress mission lines which are currently ex- DINGELL of the full committee for the hazardous liquid pipelines. This bill empt from all regulation. The bill be- constructive work that produced H.R. also directs the administration to de- fore us today subjects low stress trans- 5782. velop standards to reduce risks in pipe- mission lines to Federal regulation and I also want to commend Chairman line control rooms associated with addresses that urgent need. YOUNG, Ranking Member OBERSTAR, human factors, including operator fa- As another example of needed Mr. PETRI and Mr. DEFAZIO of the tigue. change, the bill contains incentives for Transportation and Infrastructure I am happy to say that this bill has all States to adopt programs to prevent Committee, which shares jurisdiction received broad support from the admin- damage to pipelines from excavation over this measure with the House En- istration, the States, the pipeline safe- work. The damage prevention program ergy and Commerce Committee, for ty advocates, and others in the pipeline that is now in place in my State of Vir- their fine work in bringing this meas- community. It is also important to ginia has been a demonstrated success ure to the floor today. The 2002 law has produced positive point out that this bill was developed in dramatically reducing the incidents results with an increased emphasis on in conjunction with the House Energy of excavation damage to pipelines. safety and accident prevention, both by and Commerce Committee. In addition, The bill before us specifies that the the agencies of enforcement and by in- the Senate Commerce Committee sup- nine elements that are found in this dustry. The bill before us usefully ports this bill and is scheduled to take very successful Virginia law, which are widely recognized as enabling that suc- builds on that success. it up before the end of the week. Mr. Speaker, I urge its approval by Mr. Speaker, I support this impor- cess, should be included in State dam- the House. tant legislation. Before I yield back the age prevention programs as a condition Mr. YOUNG of Alaska. Mr. Speaker, balance of my time, and as this may be for States being certified by the U.S. at this time I would like to yield 2 min- the final bill from the Subcommittee Department of Transportation to regu- utes to my good friend from Texas (Mr. late and enforce their States’ pipeline on Highways, Transit and Pipelines to HALL). be considered here on the floor of our standards. Mr. HALL. Mr. Speaker, I rise in sup- House this Congress, I would just like The bill also creates a new grant pro- port of our consensus substitute to to take a moment to pay tribute to my gram for States to implement exca- H.R. 5782, the Pipeline Protection In- chairman, DON YOUNG from Alaska, to vation damage prevention programs spection, Protection, Enforcement, and salute his 6 years of leadership on our which include each of those nine ele- Safety Act of 2006. This legislation re- committee. I have enjoyed serving as ments. flects bipartisan, bicameral agreement part of his team on the Transportation Another new provision will require on reauthorizing the Nation’s pipeline and Infrastructure Committee. the implementation of integrity man- safety laws, and I am really glad to see I would also like to say to my col- agement plans for natural gas distribu- it up for consideration in the House leagues on the Democratic side of the tion lines, which are currently exempt today. aisle, Mr. OBERSTAR and Mr. PETER from regulation. Distribution lines ac- I am very hopeful that the Senate DEFAZIO, that I believe we have done count for more than 85 percent of all will also quickly consider this meas- some good work during this Congress, natural gas lines in the United States. ure, as this amended legislation re- and I look forward to continuing to The bill before us directs that in 2007 flects changes made to ensure passage work together to accomplish good the Office of Pipeline Safety publish a of this bill in the Senate. things for the country in the 110th Con- rule addressing integrity management I thank Chairman BARTON, Ranking gress. for distribution lines. Member DINGELL, Chairman YOUNG and Finally, I would like to say a word of To its credit, that office has work Ranking Member OBERSTAR for their thank you for a job well done to the well under way to create the first man- open process and for working together staff of the subcommittee, who have la- agement plan for natural gas distribu- to reconcile these two bills. bored diligently on our subcommittee tion lines, and I commend the con- This legislation sets out many new matters. On the Republican side, sensus-based approach that the office is provisions that will help to strengthen Graham Hill, Jim Tymon, Joyce Rose, taking to achieve its goal, and the fine an already strong job that is being Suzanne Newhouse, Bailey Edwards work that the office has performed so done by DOT’s Pipeline and Hazardous and Tim Lindquist. On the Democratic far in pursuit of that effort. Materials Safety Administration. It side, Ken House, Art Chan, Stephanie At my urging, the 2002 act included a adds provisions to encourage and award Manning and Jackie Schmitz. Thank provision authorizing technical assist- States to adopt a One-Call notification you for a job well done. ance grants for local communities so system before digging or excavating Mr. DEFAZIO. Mr. Speaker, I yield 6 that they will have the expertise to work begins, addressing one of the only minutes to the gentleman from Vir- participate meaningfully in regulatory rising trends in pipeline accidents. It ginia (Mr. BOUCHER). proceedings that affect transmission further addresses a low stress line ex- (Mr. BOUCHER asked and was given lines and other pipelines. I have been emption that allows pipelines like the permission to revise and extend his re- disappointed that during the past 4 ones in Alaska Prudhoe Bay oil field, marks.) years no grants have been awarded operated by BP, to go unregulated and Mr. BOUCHER. I thank the gen- under that authority. The bill before us unaccounted for years while preserving tleman for yielding. directs the Department to publish cri- DOT’s flexibility in enforcing these Mr. Speaker, I rise in support this teria for the award of grants and to new regulations. It also preserves cur- evening of H.R. 5782, the Pipeline Safe- make at least three demonstration rent exemptions for gathering lines and ty Improvement Act, and urge its ap- community assistance technical grants lines affecting production facilities. proval by the House. This measure is in the near term. All of these provisions reflect careful both important and timely. It modern- Finally, the bill authorizes the fund- compromise with industry, with pipe- izes the Pipeline Safety Act of 2002, ing necessary for the Department of line operation safety and environ- which, while regarded as successful, Transportation to hire an additional 45 mental groups, administration and the

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.137 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8841 States. It is cognizant of the critical b 1730 Highways, Transit and Pipelines, Mr. and intentionally quiet role pipelines The bill before us today builds upon PETRI, and the ranking member, Mr. play in fueling this Nation’s economy, past successes, while looking forward DEFAZIO, for working with me to in- and adopts provisions that reflect this toward our future needs. I am ex- clude an amendment I offered in the delicate balance. tremely pleased that a long overdue committee’s markup of this bill last Mr. DEFAZIO. Could I inquire as to memorandum of understanding on summer. I also want to thank the time remaining, please? pipeline security between the DLT and International Association of Fire- The SPEAKER pro tempore (Mr. the Department of Homeland Security fighters for supporting this amend- LATHAM). The gentleman from Oregon was signed this fall. This has every- ment, and Jennifer Esposito with the has 12 minutes remaining, and the gen- thing to do with the protection of the Transportation Committee for her hard 1 tleman from Alaska has 12 ⁄2 minutes national security. work on this bill and the amendment. remaining. This legislation requires the Trans- The amendment included in this leg- Mr. DEFAZIO. Mr. Speaker, I yield 4 portation Department’s Inspector Gen- islation increases the emergency re- minutes to the gentleman from New eral to conduct an assessment of the sponse grant program by $4 million a Jersey (Mr. PASCRELL). actions taken by the Department to year to a total of $10 million a year. (Mr. PASCRELL asked and was given implement the agreement. H.R. 5782 The amendment also requires training permission to revise and extend his re- will ensure that the number of pipeline standards to make sure that emer- marks.) inspection enforcement personnel will gency responders have the training Mr. PASCRELL. Mr. Speaker, I rise increase by 50 percent within 4 years. they need to protect nearby people, in support of H.R. 5782. I must say that Pipes also caused the Department of property and the environment from the Mr. YOUNG and Mr. OBERSTAR deserve a Transportation to issue regulations for effects of accidents or incidents involv- lot of credit, because in the Transpor- low-stress pipelines, making a more ing gas or hazardous liquid pipelines. tation Department there was more comprehensive and cohesive pipeline I have a letter of support for this coming together than I have seen in safety standard. amendment from the International As- any place in this Congress. This was Finally, under this bill, Mr. Speaker, sociation of Firefighters, and I will in- not an easy piece of legislation. You go the DLT will publish regulations devel- clude this letter in the RECORD. back to 2002, we had some really good oped in partnership with the industry Mr. Speaker, this is important legis- debates. We had some good arguments. stakeholders, strengthening the safety lation to make our communities safer, We had real dissent. of natural gas distribution pipeline sys- and it gives first responders the train- I want to thank Mr. PETRI and Mr. tem. ing and resources they need. I encour- DEFAZIO for getting over that hurdle. I commend the leaders and the mem- age all my colleagues to support it. We got 2.3 million miles of natural gas bership of the Transportation Com- INTERNATIONAL ASSOCIATION OF in hazardous liquid pipelines. If that mittee for their diligent work, and I FIRE FIGHTERS, sets in, you know how critical these urge my colleagues to vote in favor of Washington, DC, July 19,2006. issues are. We could be stuck in the H.R. 5782. Hon. JOHN BARROW, mud debating each other or we could Mr. YOUNG of Alaska. Mr. Speaker, I Washington, DC. get over the hump and try to get re- yield 1 minute to the gentleman from DEAR REPRESENTATIVE BARROW: On behalf solve. You did that, and I want to com- of the Nation’s more than 270,000 profes- New York (Mr. BOEHLERT). sional fire fighters and emergency medical mend you, Mr. YOUNG. I am not patron- Mr. BOEHLERT. Mr. Speaker, I rise personnel, I applaud you for your efforts to izing. I am not a patronizing person in support of the bill, and I just want improve emergency response to accidents in- when I say that to you. to draw attention briefly to one impor- volving gas or hazardous liquid pipelines. We For years many in Congress at- tant item. strongly support your amendment to H.R. tempted to pass the legislation to give This bill amends the Pipeline Safety 5782, the Pipeline Safety Improvement Act, the Office of Pipeline Safety some real Improvement Act of 2002 over which to require strong emergency responder train- teeth and enforcement to adopt better the Science Committee shares jurisdic- ing standards, as well as your amendment to and tighter safety regulations. In 2002, tion. That act provides for an inter- provide additional funding for emergency response grants. as was mentioned, we passed a very agency research program on pipeline strong pipeline safety law. By all ac- While the safety of emergency responders safety, and that program has proved can never be fully guaranteed, the number of counts OPS and the industry have quite fruitful. This bill maintains that injuries resulting from gas or hazardous liq- made significant progress since then. program and even clarifies and expands uid accidents can be significantly reduced The national mapping system has some of its tasks. through appropriate training. While training now been completed. When we looked What this bill does not do is provide is always necessary for new recruits, re- at that mapping system at the turn of explicit authorization levels for the fresher training must also be provided on a the century, it was a disaster. We work that the National Institutes of continuing basis to ensure the ongoing safe- didn’t know where these pipelines were Standards and Technology will need to ty of all first responders. in the first place. How are you going to do to carry out its portion of this pro- Furthermore, in responding to an incident involving hazardous materials, it is ex- fix them if you don’t know where they gram. The language, which originated tremely important that emergency respond- are? in the other body, excluded funding for ers are not simply trained, but are trained at One-Call centers are prevalent NIST because NIST funding has not a level appropriate to their response. Unfor- throughout the Nation and their ‘‘dig been independently appropriated but, tunately, the level of training currently pro- safely’’ campaigns are well publicized. rather, has been provided by the De- vided in many States and localities is inad- Number three, I would also like to partment of Transportation to carry equate to prepare emergency responders to commend the OPS for actually meeting out particular tasks. We on the Science respond to an accident involving gas or other the deadlines. Man, that is something Committee are fine with this arrange- hazardous materials. Your amendments not new and refreshing, placed in the 2002 only help provide adequate. funding to en- ment. But I want to say explicitly here sure that all emergency responders are act, and for promptly following up to that we expect NIST to continue to re- trained, but ensure that responders are complete all the regulation rec- ceive funding from DOT to carry out trained to contain any release from a safe ommendations that were suggested. its vital work on pipeline safety and distance, keep it from spreading, and prevent The Inspector General found evidence standards. people, property and the environment from that the OPS enforcement program is Mr. DEFAZIO. Mr. Speaker, I yield 2 harmful exposures. actually helping to improve pipeline minutes to the gentleman from Geor- Thank you for your leadership on these safety. I am pleased to know that the gia (Mr. BARROW). vital issues. We appreciate your continued integrity management program is Mr. BARROW. Mr. Speaker, I thank support of our Nation’s first responders and working as well. look forward to working with you in the the gentleman for yielding. coming weeks to enhance hazardous mate- Thousands of threats have already Mr. Speaker, I want to express my rials emergency response. been found and corrected, but there are gratitude today to Chairman YOUNG Sincerely, still hundreds of thousands of miles to and Ranking Member OBERSTAR and to BARRY KASINITZ, go. the chairman of the Subcommittee on Director, Governmental Affairs.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.139 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8842 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Mr. YOUNG of Alaska. Mr. Speaker, I recommendations. I hope the com- the morning a car passing through yield 3 minutes to the gentleman from mittee of jurisdiction will hold hear- with a loose tailpipe hit the pavement, North Carolina (Mr. HAYES). ings on this issue early next year so caused a spark, ignited the whole Mr. HAYES. Mr. Speaker, I want to that we can receive the Secretary’s street, and a mother and her daughter thank Chairman YOUNG and others who suggestions. were incinerated in the process. Why? have been recognized so far for their I look forward to continuing the im- Because the Office of Pipeline Safety diligence, leadership and hard work on portant work of ensuring the safe and and the pipeline operator were not this very important issue. reliable operation of our Nation’s nat- doing their jobs. The safe and reliable operation of our ural gas transmission system. We must That is not going to happen casually Nation’s pipeline system is key to our do more to focus resources so that they at least in the future. There may be security and our energy independence, will have the most impact. some catastrophic failure of some kind, and I am generally pleased with the I urge my colleagues to support this but in place now and with this legisla- conference report and do support it. I legislation. tion, and thanks to Admiral Barrett’s am concerned, however, by certain as- Mr. DEFAZIO. Mr. Speaker, I yield oversight, there is a system of safety in pects of the legislation before us today. the balance of my time to the ranking place in this agency. For that, I thank As part of the last pipeline safety au- member of the full committee, the gen- our subcommittee chairman, Mr. thorization, Congress required natural tleman from Minnesota (Mr. OBER- PETRI, the ranking member, Mr. gas transmission pipeline operators to STAR). DEFAZIO, our committee staff on both undertake an integrity management Mr. OBERSTAR. Mr. Speaker, I sides, and Chairman YOUNG. program. This program required opera- thank the gentleman for yielding. This may be our last opportunity on tors to perform initial baseline inspec- Mr. Speaker, just about everything the House floor during this session of tions on all their pipelines in high con- that needs to be said about the pipeline Congress for me to pay tribute to the sequence, or highly populated areas, by safety bill has been said, so I will not leadership the gentleman from Alaska 2012 and perform reinspections every 7 repeat the details, the specifics of the has given to our committee over these years thereafter. legislation. It is a good bill. We have 6 years. The 7-year period for reinspections spent a lot of time in subcommittee, in Forever etched in title 49 of the U.S. was a compromise between two full committee, and in conferring be- Code will be the biggest transportation versions of the legislation and was not tween our Committee on Transpor- investment in a single bill in the his- based on scientific or engineering tation and Infrastructure and the En- tory of our country, and that will be standards. As a result, Congress re- ergy and Commerce Committee and SAFETEA-LU, $286.5 billion, a work quired the Government Accountability with the responsible committee in the product through which our chairman Office to study the integrity manage- other body, and we have finally ironed led us in subcommittee, in full comment program and report back with out the details and have a very sound mittee, and in a long and difficult con- recommendations as to whether the 7- framework for the future. ference with the other body. year reinspection interval is appro- The Office of Pipeline Safety has had I will always remember Chairman priate from a safety standpoint. a very checkered history. It has not YOUNG’s courage, Mr. Speaker, stand- The purpose of requesting the study worked effectively for a very long ing before his President, advocating for was to essentially audit the integrity time, and then it had an awakening a robust investment of $375 billion, as management program and determine, and it got on the right track again. We recommended by the Department of based on an analysis of data collected got the number of inspectors increased, Transportation, in the future of high- during the baseline inspections, what funding for the system increased, we way and transit needs in America, im- the optimum period for conducting re- straightened out the cooperation, the proved pavement condition, reduced inspections should be. coordination between the Federal of- congestion and improved safety, and These reports were issued in Sep- fice and the State offices. Then there standing before his own Republican tember of this year and reached two was a period of decline. Conference and advocating, and stay- important conclusions: The first con- Now this administration, to their ing the course, not wilting along the clusion was that the integrity manage- great credit, has designated the best wayside when we had to scale that fig- ment program for natural gas trans- person in the history of this program ure back to the ultimate $286.5 billion, mission lines is working well overall to head up the Office of Pipeline Safe- maintaining intact within that legisla- and is making the system safer. Fur- ty, though it has a longer title now, tion good public policy that will be an thermore, few serious problems are and that is Admiral Tom Barrett, who enduring legacy for our chairman and being discovered. brings Coast Guard discipline and a for our committee and for our country. Secondly, the report concludes that a Coast Guard organization structure We go now into the implementation fixed, one-size-fits-all approach to rein- and a Coast Guard safety mindset into of SAFETEA-LU, awaiting the interim spection is not the safest option. It the work of this agency, which is its report of the commission that our com- does not give operators the flexibility principal mission, safety. mittee authorized on the future of to tailor inspection resources to the Admiral Barrett, from the time he transportation needs in the country riskiest segments of the pipeline first. walked on to the property, had con- and how to finance it. But we will do so Rather, the GAO recommends switch- versations with me, as I am sure he did with the blueprint in our hand and ing from a static, fixed-year reinspec- with Chairman YOUNG, and instilled lying ahead of us, which was crafted by tion interval, to one based on risk and great confidence in his ability to lead this committee under the chairman’s engineering standards. Using a risk- the agency, implement the law, to give leadership. based approach factors in the age, loca- us suggestions on how we can improve That and many other items of signifi- tion, soil conditions, climate, metal- the legislative product and give him cant achievement, including the great lurgy and changing population near a the tools that the agency needs to investments that our committee has pipeline, allowing operators to best uti- carry out its mission effectively. And authorized and that are now being car- lize limited inspection resources. that has certainly been undertaken, ried out in the U.S. Coast Guard, for I am strongly concerned that the and to his great credit, Admiral Bar- which I know the chairman has a great commonsense recommendations of the rett has done a superb job of leadership affinity and which service is so impor- GAO report are not being implemented for the Office of Pipeline Safety. tant to his State of Alaska, but to the and that we are passing up an oppor- The first hearing I held as chairman thousands of miles of coastline on the tunity to make a good regulatory pro- of the Investigations and Oversight salt water coast and the inland water- gram work even better. Subcommittee in 1987 was following a ways on the Great Lakes of our coun- The conference report does contain a pipeline break and an extraordinary ex- try. provision requiring the Secretary of plosion that killed two people in For his leadership, for his skill, for Transportation to report back to Con- Moundsview, just outside my congres- his courage and standing by principle, I gress within 60 days of enactment on sional district, when a gasoline pipe- salute our chairman, and thank him suggestions for implementing the GAO line leaked for days; and at 2 o’clock in for his service and for the privilege of

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.141 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8843 the partnership that we have enjoyed Before I close, Mr. Speaker, I just taken the time to keep me informed during these 6 years. want to take a moment to thank the and support our efforts to enact good Mr. YOUNG of Alaska. Mr. Speaker, I many friends and colleagues that I transportation policy. thank the gentleman for his kind have in this body that have made the I finally want to thank my wife, Lu, words. My closing statement will rec- last 6 years the most successful and en- TEA–LU, a bill that was named after ognize his contributions to what we joyable of my years in Congress, in 34 her, for her close friendship, constant have been able to do. years. patience, support and encouragement. Mr. Speaker, I yield 2 minutes to the While I am looking forward to many She is my inspiration for a legacy of gentleman from Pennsylvania (Mr. more years here in Congress, you are the future of this Nation. MURPHY). not going to get rid of me that soon, I look forward to the next 2 years Mr. MURPHY. Mr. Speaker, I thank and I will continue to lead the charge working with this House in the House the chairman for yielding, and I rise in for those issues near and dear to my of Representatives to achieve great support of H.R. 5782. This bill will save heart. I take great pride in the work of things in the Committee on Transpor- lives. One way it can save lives is illus- the great Committee on Transpor- tation and Infrastructure. I may not be trated by a story of two children from tation and Infrastructure over the last the ranking member but I will be on my district, Moon Township, in Penn- 6 years. the committee. I will be there, and we sylvania. We faced some extraordinary chal- can provide for this Nation. On March 16, 2005, while walking lenges in the committee. During this Mr. THOMPSON of Mississippi. Mr. Speak- home from school, two teenagers, a period of time was September 11, 2001. er, I rise today in support of H.R. 5782—the brother and sister, walked past a con- With the support, and I am sorry he Pipeline Safety Improvement Act of 2006. struction crew that was drilling in has left, the support and cooperation of I want to thank Chairman YOUNG and Rank- front of their house. The crew had rup- the ranking member, Congressman JIM ing Member OBERSTAR and my other col- tured a natural gas distribution line. OBERSTAR, we worked together, and leagues, who brought this vital and important The children entered the home without within 2 weeks of this disaster for the bill to the floor today. knowing that natural gas was seeping aviation industry we enacted legisla- Pipeline security has gone under the radar in. Soon afterwards, this house ex- tion to ensure the continued viability in recent years—but there are critical issues ploded to look like this. Both children of this key transportation sector. which must be addressed. This bill addresses were inside. They escaped. Both were Without the work of this committee, many of these problems. This bill strengthens the ‘‘one-call notifica- injured, one seriously, but thankfully our aviation system would have col- tion system’’ which allows private citizens and both survived. lapsed. The explosion occurred because accu- We also created the Transportation the constructIon industry to quickly and easily mulated natural gas fumes had ignited. Security Administration and worked to notify utilities and pipeline owners of exca- When the pipeline was broken, the crew set up the Department of Homeland Se- vation. made the calls as required after they The one-call notification system is vital to curity. While I do not support every- broke the gas line, but the procedures protecting these key resources and critical in- thing that has happened in DHS, I be- they followed did not prevent the chil- frastructure from third-party damage. lieve that the efforts of our committee dren’s injuries. Unfortunately, third parties are the number have ensured a safer and more secure These two young children could have one cause of pipeline damage—disrupting the America. been among the more than 420 fatali- economy and putting many in harms way. We enacted the first major port secu- ties from pipeline accidents in the last These occurrences can easily be prevented rity bill. We have improved pipeline 20 years. In this case the notification and this bill helps do just that. This bill sub- safety, and tonight we will do it again. rules were followed, but the procedures jects anyone who does not comply with this We enacted a multiple year aviation just take too long. We need a faster, system to stiff action and penalties. bill, reauthorized critical Coast Guard simpler system, one in which emer- This bill establishes a State Damage Pre- programs, restored the effectiveness of gency authorities arrive at the scene vention Program—which is a program which FEMA and overcame enormous obsta- quickly, and a single clear system, not aims to prevent damage to underground infra- cles to fund the building and mainte- the current patchwork of rules that structure. This program will be based at the nance of our highway infrastructure. varies State to State and town to town. state level and this bill provides for a state I did not accomplish this all alone, grant program managed by the Department of 1745 b and I want to thank my many friends Transportation. That is why I worked with the family and supporters in Alaska who sent me This bill improves the management of pipe- of the two young children, local law en- to work on their behalf. line infrastructure by mandating the rec- forcement and municipal governments Again, I want to thank JIM OBER- ommendations set forth by the NTSB—the Na- and others interested in pipeline safety STAR, and for those that may not know tional Transportation Safety Board. to write H.R. 2958, Marc and Chelsea’s it, we never had a vote in the com- The bill will also improve pipeline security by law. My bill requires pipeline breaches mittee in an adversarial position. We assessing risk associated with human error to be immediately reported to appro- always worked it out, worked together, and reducing damage from these issues by priate safety authorities in order to and I want to thank all the other 73 specifically providing for training and simula- prevent future injuries. Members of the committee for their co- tion exercises. I am pleased that the Pipeline Safety operation and support. We have the On the technology side, this bill will improve Act includes my bill’s provisions to es- best reputation of the committees for on leak detection technology and monitoring tablish uniform emergency notifica- bipartisanship, and I am proud of that. alarms which will improve safety around haz- tions. With the passage of today’s leg- I hope we can continue to work that ardous materials and the pipelines which carry islation, an excavator who causes a way. them. pipeline accident must call the local I have a great staff that has worked This bill also takes into account environ- gas distribution company operator. long and hard to draft legislation and mentally sensitive areas. It mandates new Also, if there is detectable gas, the ex- negotiate on behalf of the committee: standards for pipelines in these areas which cavator must also call 911 imme- Mrs. Megginson, Graham Hill, who is will aim to limit or prevent accidents in these diately. up in the audience who actually wrote susceptible and crucial areas. Establishing consistent notification this gas bill, Jim Tymon who worked This bill also aims to assess and prevent requirements is critical because there on this bill and all the other bills and possible gasoline shortages and price spikes have been over 7,600 pipeline accidents. all the other staff members I have. by assessing how future pipeline capacity I thank Mr. BARTON, Tom I know the many sacrifices that the shortages might impact the price of gas at the Hassenboehler, Mike Layman, Susan staff have made to get the job done, pump. Mosychuck for their help in this bill, and I want them to know that I am And finally and most importantly, this bill but also Marc and Chelsea for their grateful for their efforts and very provides for proper communications between help as well. proud of them and for America. the Department of Transportation and the De- Mr. YOUNG of Alaska. Mr. Speaker, I I also want to thank my many partment of Homeland Security to ensure reli- yield myself the remaining time. friends here in Washington who have ability for these important and critical assets.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 4634 Sfmt 9920 E:\CR\FM\K06DE7.142 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8844 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Mr. DINGELL. Mr. Speaker, I rise in strong Mr. BARTON of Texas. Mr. Speaker, I rise fines, improved pipeline testing timelines, and support of H.R. 5782 as amended. This is a in support of our consensus substitute to H.R. allowed for state oversight. good bill that reflects considerable work be- 5782, The Pipeline Inspection, Protection, En- This bill is another step forward. tween the Committee on Energy and Com- forcement, and Safety Act of 2006. This legis- As a body, we can all be proud that we’ll merce and the Committee on Transportation lation represents a broad, consensus-based now be regulating low-stress liquid pipelines and Infrastructure. process that exemplifies what can happen just as we regulate all other hazardous liquid Pipeline safety is not one of the most high- when different interests come together in order pipes. What happened with BP lines in Alaska profile issues that the Congress deals with but to produce a successful product. this summer shouldn’t have happened and this it is one of the most important. Because oil I thank Chairman YOUNG and Ranking Mem- bill will ensure operators are properly main- and gas pipelines are largely out of the ber OBERSTAR for working with Mr. DINGELL taining their low-stress lines. public’s sight, they are usually out of mind as and myself on reconciling our two bills and for I urge my colleagues to vote yes on this bill. well, that is until we have a failure such as, the open and fair process between the two Mr. YOUNG of Alaska. Mr. Speaker, I those several years ago in the State of Wash- Committees of jurisdiction. yield back the balance of my time. ington and New Mexico, which left several Reauthorizing the Pipeline Safety laws be- The SPEAKER pro tempore. The people dead. The shut-in of Prudhoe Bay in came more complicated after BP’s inexcus- question is on the motion offered by Alaska last August served as a stark reminder able Prudhoe Bay oilfield shutdown in August. the gentleman from Alaska (Mr. of that dire consequences of non-lethal pipe- After rigorous enforcement and analysis, and YOUNG) that the House suspend the line accidents. after a thorough investigation by the House rules and pass the bill, H.R. 5782, as After the Prudhoe Bay incident I announced Energy and Commerce Committee, DOT was amended. that pipeline safety reauthorization needed to able to approve restart of some of these lines The question was taken; and (two- include three important elements: First, the at the Prudhoe Bay oilfield. thirds of those voting having responded law needed to be changed to cover low-stress This substitute to H.R. 5782 retains com- in the affirmative) the rules were sus- pipelines such as those that failed in Alaska; promise language that was marked up in the pended and the bill, as amended, was second, enforcement needed to be strength- Energy and Commerce Committee to address passed. the low stress pipeline exemption, as well as ened; and third, we needed more trans- A motion to reconsider was laid on several other provisions that were worked out parency in DOT’s enforcement processes. I the table. am pleased to report that this bill accom- in bipartisan fashion. For example, the bill plishes those objectives but also does much strengthens state one-call requirements for ex- f more. cavation damage, provides new authority and GENERAL LEAVE The bill addresses excavation damage—one grant money to the states to develop their own of the leading causes of pipeline incidents— damage prevention programs modeled after Mr. YOUNG of Alaska. Mr. Speaker, I through several measures. It requires States the successful programs already in place, and ask unanimous consent that all Mem- with pipeline safety programs certified by the puts some sunshine on enforcement actions. bers may have 5 legislative days in Department of Transportation (DOT) to estab- The low stress language preserves exemp- which to revise and extend their re- lish a damage prevention program. The bill es- tions for gathering lines, flow lines, and other marks and include extraneous material tablishes grants to States to carry out such integrated pipeline facilities, but removes the on H.R. 5782. programs, and includes new penalty provi- exemption from DOT Part 195 regulation that The SPEAKER pro tempore. Is there sions for those who fail to abide by a State’s was used by the BP Prudhoe Bay transit pipe- objection to the request of the gen- call-before-you-dig program. lines. The low stress language should also tleman from Alaska? The bill also requires DOT to prescribe min- preserve the inherent flexibility that is already There was no objection. imum integrity management standards for gas built into DOT’s integrity management pro- f distribution operators, including a new require- gram. ment that excess flow valves be installed on In addition, in crafting the administrative pro- PERMISSION TO INCLUDE EX- new service lines. These new provisions will cedures implementing the safety order author- CHANGE OF LETTERS ON H.R. help strengthen that portion of the gas pipeline ity under sec. 2(f), DOT should provide a pipe- 5782, PIPELINE SAFETY IM- system that is closest to most American line operator an opportunity to confer with PROVEMENT ACT OF 2006 homes. DOT before exercising the operator’s right to Mr. YOUNG of Alaska. Mr. Speaker, I The bill takes a substantial step in making a hearing. Informal consultation has the poten- ask unanimous consent to include in DOT’s pipeline safety enforcement process tial to produce remedies acceptable to both the RECORD an exchange of letters be- more transparent to the general public, which operator and DOT that will resolve the vast tween myself and Chairman BOEHLERT has been a longstanding concern of mine. majority of concerns without the need for a on H.R. 5782. DOT will now be required to publish a monthly formal hearing. Any action taken by mutual The SPEAKER pro tempore. Is there summary of its enforcement actions on both agreement as a result of any such consulta- objection to the request of the gen- liquid and gas pipelines, giving the public valu- tion should be reduced to writing and made tleman from Alaska? able insight into areas where problems exist, both public and enforceable. This approach There was no objection. and giving pipeline operators a forum to dem- will save time and legal costs and bring about HOUSE OF REPRESENTATIVES, onstrate they have been corrected. safety improvements sooner. COMMITTEE ON SCIENCE, The bill before us includes language passed I urge our friends in the other body to take Washington, DC, December 5, 2006. by the Committee on Energy and Commerce this bill up and pass it this week, as it reflects Hon. DON YOUNG, that requires the vast majority of low-stress liq- changes that were drafted in order to reach Chairman, Committee on Transportation and uid lines to be regulated in a manner similar agreement with the Senate. Infrastructure, 2165 Rayburn House Office to high-stress liquid lines. This language re- Mr. LARSEN of Washington. I rise in full Building, Washington, DC. sponds to the issues raised by the spill on support of the Pipeline Inspection, Protection, DEAR MR. CHAIRMAN: I am writing regard- Alaska’s North Slope last spring. Enforcement and Safety Act of 2006. ing the jurisdictional interest of the Science This bill also includes new language to re- This bill is the result of months of hard work. Committee in H.R. 5782, the Pipeline Inspec- tion, Protection, Enforcement, and Safety quire that pipeline operators file management I want to commend Chairmen YOUNG and Act of 2006, as proposed for consideration plans that set forth a maximum limit on the BARTON and Ranking Members OBERSTAR and under suspension of the Rules of the House. hours of service performed by control room DINGELL, as well as committee staff for the The Science Committee has jurisdiction over employees. I congratulate my good friend, the countless hours they put in to get this bill Section 26 of the suspension version of the gentleman from Minnesota Mr. OBERSTAR, for done. bill, which amends Section 12 of the Pipeline his dedication to this issue. It was over 7 years ago, on June 10, 1999, Safety Improvement Act of 2002 (49 U.S.C. Finally, the bill authorizes DOT to hire an that a pipeline explosion claimed the lives of 60101 note; Public Law 107–355) and Section additional 45 new safety inspectors to carry two 10-year-old boys and an 18-year-old 18, which provides funding to carry out Sec- out the important responsibilities that we have young man in my district in Bellingham, Wash- tion 12 of the Pipeline Safety Improvement Act of 2002. assigned to the department in this bill. ington. Since that time we have made excel- The Science Committee recognizes the im- I want to thank Chairmen YOUNG and BAR- lent progress in ensuring the safety of our Na- portance of H.R. 5782 and the need for the TON and Ranking Member OBERSTAR for all of tion’s pipelines. legislation to move expeditiously. Therefore, their efforts on this bill and I urge the House The 2002 Pipeline Safety Improvement Act I will not stand in the way of floor consider- to pass H.R. 5782. did a lot of good things. It increased penalty ation. This, of course, is conditional on our

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.101 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8845 mutual understanding that nothing in this delays, and concurrently changed the name I rise in strong support of this con- legislation or my decision to allow the bill to the New York Institute for Special Edu- current resolution to recognize the to come to the floor waives, reduces or oth- cation; achievements of The New York Insti- erwise affects the jurisdiction of the Science Whereas in 2000, The New York Institute tute for Special Education. During this Committee, and that a copy of this letter for Special Education again broadened its and your letter in response will be included mission by establishing the Cornerstone Lit- academic year, the institute is cele- in the Congressional Record when the bill is eracy Initiative, providing staff development brating its 175th year of providing an considered on the House Floor. and school reform leadership to high poverty outstanding education to students with Thank you for your attention to this mat- school districts throughout the United special needs. I thank my colleague ter. States; from New York (Mr. CROWLEY) for Sincerely, Whereas The New York Institute for Spe- sponsoring this very important resolu- SHERWOOD BOEHLERT, cial Education has prepared students to at- tion. Chairman. tain and exceed the academic standards as Founded in 1831 as The New York In- set forth by the Department of Education of stitution for the Education of the HOUSE OF REPRESENTATIVES, COM- the State of New York; Blind, the institute began classes in MITTEE ON TRANSPORTATION AND Whereas in addition to providing a quality March of 1832 as one of the first schools INFRASTRUCTURE, education to New York students, The New Washington, DC, December 5, 2006. York Institute for Special Education is in the United States to provide an edu- Hon. SHERWOOD L. BOEHLERT, equally committed to improving special educational program for children who were Chairman, Committee on Science, 2320 Rayburn cation on a national level and serves as a blind or who were visually impaired. In Building, Washington, DC. student teaching and internship site for elev- the mid-1980s, the institute expanded DEAR MR. CHAIRMAN: I thank you for your en universities nationally; its mission to include programs for stu- letter of December 5, 2006, regarding H.R. Whereas since its inception in 1987, the dents with emotional and learning dis- 5782, to provide for enhanced safety and envi- Readiness Program of The New York Insti- abilities and for preschoolers with de- ronmental protection in pipeline transpor- tute for Special Education has had a dra- velopmental delays. tation, and provide for enhanced reliability matic impact on the lives of special edu- To reflect this broader mission, the in the transportation of the Nation’s energy cation pre-school children as well as their products by pipeline. I appreciate your sup- families; institute adopted its current name port of the proposed modifications to the Whereas the Van Cleve Program of The change in 1986. In the year 2000, the in- Committee reported bill that fall within New York Institute for Special Education ac- stitute again expanded with the cre- your Committee’s jurisdiction which I will cepts children with learning and emotional ation of the Cornerstone Literacy Ini- offer in the form of an amendment in the na- disabilities from five to eleven years of age, tiative to provide staff development ture of a substitute when the bill is consid- the graduates of which show dramatic im- and school reform leadership to high ered on the Floor. provement in academic, social, and behav- poverty school districts throughout the I agree that your action does not waive, re- ioral abilities; entire United States. duce or affect your Committee’s jurisdiction Whereas students in the Schermerhorn This Congress has made special edu- Program of The New York Institute for Spe- over the bill, as amended. As you request, cation a priority. In 2004, for instance, your letter and this response will be included cial Education participate in individually de- in the Congressional Record during consider- signed academic and modified academic pro- with overwhelming bipartisan support, ation on the House Floor. grams that emphasize independence and are we were able to reauthorize the Indi- Thank you for your cooperation in moving given an opportunity to develop job behav- viduals with Disabilities Education Act this important legislation. iors and skills through pre-vocational activi- to provide teachers and parents and Sincerely, ties and in career experience programs; schools the tools needed to ensure that DON YOUNG, Whereas The New York Institute for Spe- students in special education receive Chairman. cial Education has continuously played a the opportunities that they deserve. leadership role in advocating for quality edu- f In addition, in 2002, we passed the No cation of children with disabilities; and Child Left Behind Act which ensures COMMENDING THE NEW YORK IN- Whereas The New York Institute for Spe- cial Education has continuously played a that the achievement of children with STITUTE FOR SPECIAL EDU- leadership role in conducting and promoting disabilities is a priority, and underline CATION FOR 175 YEARS OF SERV- research relating to the education of chil- that priority, in our school systems. ICE dren with disabilities: Now, therefore, be it We are proud that we can partner Mr. KUHL of New York. Mr. Speaker, Resolved by the House of Representatives (the with States, with local school districts Senate concurring), That the Congress— and schools such as The New York In- I move to suspend the rules and agree (1) commends The New York Institute for to the concurrent resolution (H. Con. stitute for Special Education, to ensure Special Education for providing excellent that our students with special needs Res. 484) commending The New York education for students with blindness and Institute for Special Education for pro- visual disabilities for 175 years, and for are receiving a high-quality education viding excellent education for students broadening its mission to provide the same that prepares them for success. with blindness and visual disabilities quality education to students with emo- The New York Institute for Special for 175 years, and for broadening its tional and learning disabilities; and Education in particular has a long his- mission to provide the same quality (2) recognizes the high importance of, and tory of providing just such an edu- supports all efforts to improve, education for cation for its students and being a education to students with emotional physical, emotional, and learning disabled and learning disabilities. leader in special education nationally. children. I again thank my colleague for bring- The Clerk read as follows: The SPEAKER pro tempore. Pursu- ing this important resolution forward H. CON. RES. 484 ant to the rule, the gentleman from and for giving us the opportunity to Whereas The New York Institute for Spe- New York (Mr. KUHL) and the gentle- celebrate The New York Institute for cial Education, originally founded in 1831 as woman from California (Ms. WOOLSEY) Special Education on the occasion of The New York Institution for the Education each will control 20 minutes. its 175th birthday, and I urge my col- of the Blind, has for 175 years continually The Chair recognizes the gentleman educated students with disabilities, and is leagues to support H. Con. Res. 484. chartered by the Board of Regents of the from New York. Mr. Speaker, I reserve the balance of University of the State of New York, accred- GENERAL LEAVE my time. ited by the National Commission for the Ac- Mr. KUHL of New York. Mr. Speaker, Ms. WOOLSEY. Mr. Speaker, I yield creditation of Special Education Services, I ask unanimous consent that all Mem- myself such time as I may consume. and is located on Pelham Parkway, in the bers may have 5 legislative days in I rise in support of H. Con. Res. 484 Bronx; which to revise and extend their re- and thank my colleague from New Whereas on March 15, 1832, the first class in marks on H. Con. Res. 484. York (Mr. CROWLEY) for introducing the United States for blind children began at The SPEAKER pro tempore. Is there this bipartisan resolution to com- The New York Institution for the Education memorate the 175th anniversary of The of the Blind; objection to the request of the gen- Whereas in 1986, The New York Institute tleman from New York? New York Institute for Special Edu- for the Education of the Blind broadened its There was no objection. cation. mission to also provide education to stu- Mr. KUHL of New York. Mr. Speaker, Since 1831, the institute, located in dents with emotional and learning disabil- I yield myself as much time as I may the Bronx, has been a leader in edu- ities and preschoolers with development consume. cating children with visual disabilities.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.097 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8846 CONGRESSIONAL RECORD — HOUSE December 6, 2006 In the 1980s, the institute expanded its York Institute for Special Education, bill (S. 895) to direct the Secretary of mission to include educating children which is based in my congressional dis- the Interior to establish a rural water with emotional and learning disabil- trict on Pelham Parkway in the Bronx. supply program in the Reclamation ities. Today, it educates nearly 300 stu- It is chartered by the Board of Re- States to provide a clean, safe, afford- dents with disabilities from age 3 gents of the University of the State of able, and reliable water supply to rural through 21 annually. New York on behalf of the State Edu- residents, as amended. The institute also develops education Department, and is accredited The Clerk read as follows: cational programs and helps train pro- by the National Commission for Ac- S. 895 spective teachers from many univer- creditation of Special Education Serv- Be it enacted by the Senate and House of Rep- sities. Interestingly, the institute can ices. resentatives of the United States of America in claim a U.S. President, Grover Cleve- Furthermore, I am proud to say that Congress assembled, land, as a former teacher. this school has one of the highest grad- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. So, Mr. Speaker, I congratulate the uation rates in the country among (a) SHORT TITLE.—This Act may be cited as institute for its 175 years of service to schools for the blind and visually im- the ‘‘Rural Water Supply Act of 2006’’. students with disabilities and their paired. (b) TABLE OF CONTENTS.—The table of con- families. Between 2005 to 2006, 77.3 percent of tents of this Act is as follows: Mr. Speaker, I yield as much time as the graduates from The New York In- Sec. 1. Short title; table of contents. he may consume to the gentleman stitute for Special Education received TITLE I—RECLAMATION RURAL WATER from New York (Mr. CROWLEY), the au- diplomas, and of the 22 graduates, 18 SUPPLY ACT OF 2006 thor of this resolution. had been graduated in local public Sec. 101. Short title. Mr. CROWLEY. Mr. Speaker, I thank schools and were failing there before Sec. 102. Definitions. the gentlewoman. It is my hope that I receiving an appropriate education at Sec. 103. Rural water supply program. Sec. 104. Rural water programs assessment. can continue. I have laryngitis, and I the institute. Sec. 105. Appraisal investigations. want to thank her for yielding me the It is clear that this school makes a Sec. 106. Feasibility studies. time. I thank the gentleman from New big impact in many lives. Besides pro- Sec. 107. Miscellaneous. York for his words this evening as well viding a great education to the stu- Sec. 108. Reports. on this legislation. I want to thank dents who attend The New York Insti- Sec. 109. Authorization of appropriations. Chairman MCKEON and Ranking Mem- tute for Special Education, the school Sec. 110. Termination of authority. ber, soon to be chairman, MILLER for does community outreach as well. The TITLE II—TWENTY-FIRST CENTURY moving this bill expeditiously to the institute is deeply involved in many WATER WORKS ACT floor. areas on issues affecting children with Sec. 201. Short title. For 175 years, The New York Insti- disabilities and their families. Sec. 202. Definitions. Jointly with Albert Einstein College Sec. 203. Project eligibility. tute for Special Education has served Sec. 204. Loan guarantees. the New York community as a private, of Medicine, the institute hosts an Sec. 205. Defaults. nonprofit, educational facility which early intervention training institute Sec. 206. Operations, maintenance, and re- provides a quality education for chil- providing staff development for clini- placement costs. dren who are blind and visually dis- cians and teachers throughout the New Sec. 207. Title to newly constructed facili- abled, emotionally and learning dis- York metropolitan area. ties. abled and preschoolers who are devel- Many of the students move on to Sec. 208. Water rights. very productive careers and lives using Sec. 209. Interagency coordination and co- opmentally delayed. operation. Founded in 1831 as The New York In- the skills the school has taught them, Sec. 210. Records; audits. stitution for the Blind, it was one of skills they may not have learned other- Sec. 211. Full faith and credit. the first schools in the United States wise if they had not attended this in- Sec. 212. Report. to provide an educational program for stitution. Sec. 213. Effect on the reclamation laws. children who were blind or visually im- This school is an example of a good Sec. 214. Authorization of appropriations. paired. education coupled with community Sec. 215. Termination of authority. Early in the 20th century, the name service. This school deserves its com- TITLE III—REPORT ON TRANSFER OF was changed to The New York Institute memoration. It is an historic school, as RECLAMATION FACILITIES for the Education of the Blind to em- was mentioned by Ms. WOOLSEY again, Sec. 301. Report. phasize the educational character of dating back over 175 years, and I urge TITLE I—RECLAMATION RURAL WATER the school. my colleagues to recognize its achieve- SUPPLY ACT OF 2006 In 1980s educators recognized the ments and support this legislation. SEC. 101. SHORT TITLE. need to provide programs designed spe- Mr. KUHL of New York. Mr. Speaker, This title may be cited as the ‘‘Reclama- cifically for students with learning and once again I offer my appreciation to tion Rural Water Supply Act of 2006’’. emotional disabilities. my colleague from New York (Mr. SEC. 102. DEFINITIONS. In response to this need, the school CROWLEY) for bringing this resolution. In this title: established the Van Cleve program for I have no further requests for time, and (1) CONSTRUCTION.—The term ‘‘construction’’ means the installation of infrastruc- those children who could not be served I yield back the balance of my time. The SPEAKER pro tempore. The ture and the upgrading of existing facilities in a traditional school setting. In 1986, in locations in which the infrastructure or the school’s name was changed to The question is on the motion offered by facilities are associated with the new infra- New York Institute for Special Edu- the gentleman from New York (Mr. structure of a rural water project rec- cation, which it still holds today, to KUHL) that the House suspend the rules ommended by the Secretary pursuant to this better reflect this expanded focus and and agree to the concurrent resolution, title. commitment to children with a variety H. Con. Res. 484. (2) FEDERAL RECLAMATION LAW.—The term of disabilities. The question was taken; and (two- ‘‘Federal reclamation law’’ means the Act of In 1987, a program for develop- thirds of those voting having responded June 17, 1902 (32 Stat. 388, chapter 1093), and in the affirmative) the rules were sus- Acts supplemental to and amendatory of mentally delayed preschoolers was es- that Act (43 U.S.C. 371 et seq.). pended and the concurrent resolution tablished, the Readiness Program. This (3) INDIAN.—The term ‘‘Indian’’ means an program serves an ever-growing popu- was agreed to. individual who is a member of an Indian lation of children who exhibit delays in A motion to reconsider was laid on tribe. such areas as speech, motor senses, the table. (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ language acquisition, and auditory and f has the meaning given the term in section 4 of the Indian Self-Determination and Edu- visual discrimination. b 1800 Today, The New York Institute for cation Assistance Act (25 U.S.C. 450b). (5) NON-FEDERAL PROJECT ENTITY.—The Special Education continues the tradi- RURAL WATER SUPPLY ACT OF 2006 term ‘‘non-Federal project entity’’ means a tion of excellence in education for chil- State, regional, or local authority, Indian dren with disabilities. Nearly 300 stu- Mrs. DRAKE. Mr. Speaker, I move to tribe or tribal organization, or other quali- dents from ages 3 to 21 attend The New suspend the rules and pass the Senate fying entity, such as a water conservation

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.148 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8847 district, water conservancy district, or rural (2) plan the design and construction, (4) rural water programs within other water district or association. through the conduct of appraisal investiga- agencies and a description of the extent to (6) OPERATIONS, MAINTENANCE, AND RE- tions and feasibility studies, of rural water which those programs provide support for PLACEMENT COSTS.— supply projects in Reclamation States; and rural water supply projects and water treat- (A) IN GENERAL.—The term ‘‘operations, (3) oversee, as appropriate, the construc- ment programs in Reclamation States, in- maintenance, and replacement costs’’ means tion of rural water supply projects in Rec- cluding an assessment of the requirements, all costs for the operation of a rural water lamation States that are recommended by funding levels, and conditions of eligibility supply project that are necessary for the the Secretary in a feasibility report devel- for the programs assessed; safe, efficient, and continued functioning of oped pursuant to section 106 and subse- (5) the extent of the demand that the Sec- the project to produce the benefits described quently authorized by Congress. retary can meet with the Program; in a feasibility study. (b) NON-FEDERAL PROJECT ENTITY.—Any (6) how the Program will complement au- (B) INCLUSIONS.—The term ‘‘operations, activity carried out under this title shall be thorities already within the jurisdiction of maintenance, and replacement costs’’ in- carried out in cooperation with a qualifying the Secretary and the heads of the agencies cludes— non-Federal project entity, consistent with with whom the Secretary consults; and (i) repairs of a routine nature that main- this title. (7) improvements that can be made to co- tain a rural water supply project in a well (c) ELIGIBILITY CRITERIA.—Not later than 1 ordinate and integrate the authorities of the kept condition; year after the date of enactment of this Act, agencies with programs evaluated under (ii) replacement of worn-out project ele- the Secretary shall, consistent with this paragraph (4), including any recommenda- ments; and title, develop and publish in the Federal Reg- tions to consolidate some or all of the activi- (iii) rehabilitation activities necessary to ister criteria for— ties of the agencies with respect to rural bring a deteriorated project back to the (1) determining the eligibility of a rural water supply. original condition of the project. community for assistance under the Pro- (b) CONSULTATION WITH STATES.—Before fi- (C) EXCLUSION.—The term ‘‘operations, gram; and nalizing the assessment developed under sub- maintenance, and replacement costs’’ does (2) prioritizing requests for assistance section (a), the Secretary shall solicit com- not include construction costs. under the Program. ments from States with identified rural (7) PROGRAM.—The term ‘‘Program’’ means (d) FACTORS.—The criteria developed under water needs. the rural water supply program carried out subsection (c) shall take into account such (c) REPORT.—Not later than 2 years after under section 103. factors as whether— the date of enactment of this Act, the Sec- (8) RECLAMATION STATES.—The term ‘‘Rec- (1) a rural water supply project— retary shall submit to the Committee on En- lamation States’’ means the States and (A) serves— ergy and Natural Resources of the Senate areas referred to in the first section of the (i) rural areas and small communities; or and the Committee on Resources of the Act of June 17, 1902 (43 U.S.C. 391). (ii) Indian tribes; or House of Representatives a detailed report (9) RURAL WATER SUPPLY PROJECT.— (B) promotes and applies a regional or wa- on the assessment conducted under sub- (A) IN GENERAL.—The term ‘‘rural water tershed perspective to water resources man- section (a). supply project’’ means a project that is de- agement; SEC. 105. APPRAISAL INVESTIGATIONS. signed to serve a community or group of (2) there is an urgent and compelling need (a) IN GENERAL.—On request of a non-Fed- communities, each of which has a population for a rural water supply project that would— eral project entity with respect to a proposed of not more than 50,000 inhabitants, which (A) improve the health or aesthetic quality rural water supply project that meets the may include Indian tribes and tribal organi- of water; eligibility criteria published under section zations, dispersed homesites, or rural areas (B) result in continuous, measurable, and 103(c) and subject to the availability of ap- with domestic, industrial, municipal, and significant water quality benefits; or propriations, the Secretary may— residential water. (C) address current or future water supply (1) receive and review an appraisal inves- (B) INCLUSION.—The term ‘‘rural water sup- needs; tigation that is— ply project’’ includes— (3) a rural water supply project helps meet (A) developed by the non-Federal project (i) incidental noncommercial livestock wa- applicable requirements established by law; entity, with or without support from the tering and noncommercial irrigation of vege- and Secretary; and tation and small gardens of less than 1 acre; (4) a rural water supply project is cost ef- (B) submitted to the Secretary by the non- and fective. Federal project entity; (ii) a project to improve rural water infra- (e) INCLUSIONS.—The Secretary may in- (2) conduct an appraisal investigation; or structure, including— clude— (3) provide a grant to, or enter into a coop- (I) pumps, pipes, wells, and other diver- (1) to the extent that connection provides erative agreement with, the non-Federal sions; a reliable water supply, a connection to pre- project entity to conduct an appraisal inves- (II) storage tanks and small impound- existing infrastructure (including impound- tigation, if the Secretary determines that— ments; ments and conveyance channels) as part of a (A) the non-Federal project entity is quali- (III) water treatment facilities for potable rural water supply project; and fied to complete the appraisal investigation water supplies, including desalination facili- (2) notwithstanding the limitation on pop- in accordance with the criteria published ties; ulation under section 102(9)(A), a town or under section 103(c); and (IV) equipment and management tools for community with a population in excess of (B) using the non-Federal project entity to water conservation, groundwater recovery, 50,000 inhabitants in an area served by a conduct the appraisal investigation is a cost- and water recycling; and rural water supply project if, at the discre- effective alternative for completing the ap- (V) appurtenances. tion of the Secretary, the town or commu- praisal investigation. (C) EXCLUSION.—The term ‘‘rural water nity is considered to be a critical partner in (b) DEADLINE.—An appraisal investigation supply project’’ does not include— the rural supply project. conducted under subsection (a) shall be (i) commercial irrigation; or SEC. 104. RURAL WATER PROGRAMS ASSESS- scheduled for completion not later than 2 (ii) major impoundment structures. MENT. years after the date on which the appraisal (10) SECRETARY.—The term ‘‘Secretary’’ (a) IN GENERAL.—In consultation with the investigation is initiated. means the Secretary of the Interior. Secretary of Agriculture, the Administrator (c) APPRAISAL REPORT.—In accordance (11) TRIBAL ORGANIZATION.—The term ‘‘trib- of the Environmental Protection Agency, with subsection (f), after an appraisal inves- al organization’’ means— the Director of the Indian Health Service, tigation is submitted to the Secretary under (A) the recognized governing body of an In- the Secretary of Housing and Urban Develop- subsection (a)(1) or completed under para- dian tribe; and ment, and the Secretary of the Army, the graph (2) or (3) of subsection (a), the Sec- (B) any legally established organization of Secretary shall develop an assessment of— retary shall prepare an appraisal report Indians that is controlled, sanctioned, or (1) the status of all rural water supply that— chartered by the governing body or demo- projects under the jurisdiction of the Sec- (1) considers— cratically elected by the adult members of retary authorized but not completed prior to (A) whether the project meets— the Indian community to be served by the the date of enactment of this Act, including (i) the appraisal criteria developed under organization. appropriation amounts, the phase of develop- subsection (d); and SEC. 103. RURAL WATER SUPPLY PROGRAM. ment, total anticipated costs, and obstacles (ii) the eligibility criteria developed under (a) IN GENERAL.—The Secretary, in co- to completion; section 103(c); operation with non-Federal project entities (2) the current plan (including projected fi- (B) whether viable water supplies and and consistent with this title, may carry out nancial and workforce requirements) for the water rights exist to supply the project, in- a rural water supply program in Reclama- completion of the projects identified in para- cluding all practicable water sources such as tion States to— graph (1) within the time frames established lower quality waters, nonpotable waters, and (1) investigate and identify opportunities under the provisions of law authorizing the water reuse-based water supplies; to ensure safe and adequate rural water sup- projects or the final engineering reports for (C) whether the project has a positive ef- ply projects for domestic, municipal, and in- the projects; fect on public health and safety; dustrial use in small communities and rural (3) the demand for new rural water supply (D) whether the project will meet water de- areas of the Reclamation States; projects; mand, including projected future needs;

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.099 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8848 CONGRESSIONAL RECORD — HOUSE December 6, 2006 (E) the extent to which the project pro- subsection (a) shall be 100 percent of the (B) if the Secretary determines that a fea- vides environmental benefits, including total cost of the appraisal investigation, up sibility study is not complete, notify the source water protection; to $200,000. non-Federal entity of the determination. (F) whether the project applies a regional (2) NON-FEDERAL SHARE.— (2) REVISIONS.—If the Secretary determines or watershed perspective and promotes bene- (A) IN GENERAL.—Except as provided in under paragraph (1)(B) that a feasibility fits in the region in which the project is car- subparagraph (B), if the cost of conducting study is not complete, the non-Federal enti- ried out; an appraisal investigation is more than ty shall pay any costs associated with revis- (G) whether the project— $200,000, the non-Federal share of the costs in ing the feasibility study. (i)(I) implements an integrated resources excess of $200,000 shall be 50 percent. (c) FEASIBILITY FACTORS.—Feasibility stud- management approach; or (B) EXCEPTION.—The Secretary may reduce ies authorized or reviewed under this title (II) enhances water management flexi- the non-Federal share required under sub- shall include an assessment of— bility, including providing for— paragraph (A) if the Secretary determines (1) near- and long-term water demand in (aa) local control to manage water supplies that there is an overwhelming Federal inter- the area to be served by the rural water sup- under varying water supply conditions; and est in the appraisal investigation. ply project; (bb) participation in water banking and (C) FORM.—The non-Federal share under (2) advancement of public health and safe- markets for domestic and environmental subparagraph (A) may be in the form of any ty of any existing rural water supply project purposes; and in-kind services that the Secretary deter- and other benefits of the proposed rural (ii) promotes long-term protection of water mines would contribute substantially toward water supply project; supplies; the conduct and completion of the appraisal (3) alternative new water supplies in the (H) preliminary cost estimates for the investigation. study area, including any opportunities to project; and (h) CONSULTATION; IDENTIFICATION OF FUND- treat and use low-quality water, nonpotable (I) whether the non-Federal project entity ING SOURCES.—In conducting an appraisal in- water, water reuse-based supplies, and brack- has the capability to pay 100 percent of the vestigation under subsection (a)(2), the Sec- ish and saline waters through innovative and costs associated with the operations, mainte- retary shall— economically viable treatment technologies; nance, and replacement of the facilities con- (1) consult and cooperate with the non- (4) environmental quality and source water structed or developed as part of the rural Federal project entity and appropriate State, protection issues related to the rural water water supply project; and tribal, regional, and local authorities; supply project; (2) provides recommendations on whether a (2) consult with the heads of appropriate (5) innovative opportunities for water con- feasibility study should be initiated under Federal agencies to— servation in the study area to reduce water section 106(a). (A) ensure that the proposed rural water use and water system costs, including— (d) APPRAISAL CRITERIA.— supply project does not duplicate a project (A) nonstructural approaches to reduce the (1) IN GENERAL.—Not later than 1 year after carried out under the authority of the agen- need for the project; and the date of enactment of this Act, the Sec- cy head; and (B) demonstration technologies; retary shall promulgate criteria (including (B) if a duplicate project is being carried (6) the extent to which the project and al- appraisal factors listed under subsection (c)) out, identify the authority under which the ternatives take advantage of economic in- against which the appraisal investigations duplicate project is being carried out; and centives and the use of market-based mecha- shall be assessed for completeness and appro- (3) identify what funding sources are avail- nisms; priateness for a feasibility study. able for the proposed rural water supply (7)(A) the construction costs and projected (2) INCLUSIONS.—To minimize the cost of a project. operations, maintenance, and replacement rural water supply project to a non-Federal costs of all alternatives; and project entity, the Secretary shall include in SEC. 106. FEASIBILITY STUDIES. (B) the economic feasibility and lowest the criteria methods to scale the level of ef- (a) IN GENERAL.—On completion of an ap- cost method of obtaining the desired results fort needed to complete the appraisal inves- praisal report under section 105(c) that rec- of each alternative, taking into account the tigation relative to the total size and cost of ommends undertaking a feasibility study Federal cost-share; the proposed rural water supply project. and subject to the availability of appropria- (8) the availability of guaranteed loans for (e) REVIEW OF APPRAISAL INVESTIGATION.— tions, the Secretary shall— a proposed rural water supply project; (1) IN GENERAL.—Not later than 90 days (1) in cooperation with a non-Federal after the date of submission of an appraisal project entity, carry out a study to deter- (9) the financial capability of the non-Fed- investigation under paragraph (1) or (3) of mine the feasibility of the proposed rural eral project entity to pay the non-Federal subsection (a), the Secretary shall provide to water supply project; project entity’s proportionate share of the the non-Federal entity that conducted the (2) receive and review a feasibility study design and construction costs and 100 per- investigation a determination of whether the that is— cent of operations, maintenance, and re- investigation has included the information (A) developed by the non-Federal project placement costs, including the allocation of necessary to determine whether the proposed entity, with or without support from the costs to each non-Federal project entity in rural water supply project satisfies the cri- Secretary; and the case of multiple entities; teria promulgated under subsection (d). (B) submitted to the Secretary by the non- (10) whether the non-Federal project entity has developed an operations, management, (2) NO SATISFACTION OF CRITERIA.—If the Federal project entity; or Secretary determines that the appraisal in- (3)(A) provide a grant to, or enter into a and replacement plan to assist the non-Fed- vestigation submitted by a non-Federal enti- cooperative agreement with, a non-Federal eral project entity in establishing rates and ty does not satisfy the criteria promulgated project entity to conduct a feasibility study, fees for beneficiaries of the rural water sup- under subsection (d), the Secretary shall infor submission to the Secretary, if the Sec- ply project that includes a schedule identi- form the non-Federal entity of the reasons retary determines that— fying the annual operations, maintenance, why the appraisal investigation is deficient. (i) the non-Federal entity is qualified to and replacement costs that should be allocated to each non-Federal entity partici- (3) RESPONSIBILITY OF SECRETARY.—If an complete the feasibility study in accordance appraisal investigation as first submitted by with the criteria promulgated under sub- pating in the project; a non-Federal entity does not provide all section (d); and (11)(A) the non-Federal project entity ad- necessary information, as defined by the (ii) using the non-Federal project entity to ministrative organization that would imple- Secretary, the Secretary shall have no obli- conduct the feasibility study is a cost-effec- ment construction, operations, maintenance, gation to conduct further analysis until the tive alternative for completing the appraisal and replacement activities; and non-Federal project entity submitting the investigation; or (B) the fiscal, administrative, and oper- appraisal study conducts additional inves- (B) if the Secretary determines not to pro- ational controls to be implemented to man- tigation and resubmits the appraisal inves- vide a grant to, or enter into a cooperative age the project; tigation under this subsection. agreement with, a non-Federal project entity (12) the extent to which assistance for (f) APPRAISAL REPORT.—Once the Secretary under subparagraph (A), provide to the non- rural water supply is available under other has determined that an investigation pro- Federal project entity notice of the deter- Federal authorities; vides the information necessary under sub- mination, including an explanation of the (13) the engineering, environmental, and section (e), the Secretary shall— reason for the determination. economic activities to be undertaken to (1) complete the appraisal report required (b) REVIEW OF NON-FEDERAL FEASIBILITY carry out the proposed rural water supply under subsection (c); STUDIES.— project; (2) make available to the public, on re- (1) IN GENERAL.—In conducting a review of (14) the extent to which the project in- quest, the appraisal report prepared under a feasibility study submitted under para- volves partnerships with other State, local, this title; and graph (2) or (3) of subsection (a), the Sec- or tribal governments or Federal entities; (3) promptly publish in the Federal Reg- retary shall— and ister a notice of the availability of the re- (A) in accordance with the feasibility fac- (15) in the case of a project intended for In- sults. tors described in subsection (c) and the cri- dian tribes and tribal organizations, the ex- (g) COSTS.— teria promulgated under subsection (d), as- tent to which the project addresses the goal (1) FEDERAL SHARE.—The Federal share of sess the completeness of the feasibility of economic self-sufficiency. an appraisal investigation conducted under study; and (d) FEASIBILITY STUDY CRITERIA.—

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(1) IN GENERAL.—Not later than 18 months (3) INDIAN TRIBES.—In determining the cation 105 and feasibility studies and reports after the date of enactment of this Act, the pability-to-pay of Indian tribe project bene- conducted under section 106. Secretary shall promulgate criteria (includ- ficiaries, the Secretary may consider defer- (h) EFFECT ON STATE WATER LAW.— ing the feasibility factors listed under sub- ring the collection of all or part of the non- (1) IN GENERAL.—Nothing in this title pre- section (c)) under which the feasibility stud- Federal construction costs apportioned to empts or affects State water law or an inter- ies shall be assessed for completeness and ap- Indian tribe project beneficiaries unless or state compact governing water. propriateness. until the Secretary determines that the In- (2) COMPLIANCE REQUIRED.—The Secretary (2) INCLUSIONS.—The Secretary shall indian tribe project beneficiaries should pay— shall comply with State water laws in car- clude in the criteria promulgated under (A) the costs allocated to the beneficiaries; rying out this title. paragraph (1) methods to scale the level of or (i) NO ADDITIONAL REQUIREMENTS.—Noth- effort needed to complete the feasibility as- (B) an appropriate portion of the costs. ing in this title requires a feasibility study sessment relative to the total size and cost (g) COST-SHARING REQUIREMENT.— for, or imposes any other additional require- of the proposed rural water supply project (1) IN GENERAL.—Except as otherwise pro- ments with respect to, rural water supply and reduce total costs to non-Federal enti- vided in this subsection, the Federal share of projects or programs that are authorized be- ties. the cost of a feasibility study carried out fore the date of enactment of this Act. (e) FEASIBILITY REPORT.— under this section shall not exceed 50 percent SEC. 108. REPORTS. (1) IN GENERAL.—After completion of ap- of the study costs. Beginning in fiscal year 2007, and each fis- propriate feasibility studies for rural water (2) FORM.—The non-Federal share under cal year thereafter through fiscal year 2012, supply projects that address the factors de- paragraph (1) may be in the form of any in- the Secretary shall submit to the Committee scribed in subsection (c) and the criteria pro- kind services that the Secretary determines on Energy and Natural Resources of the Sen- mulgated under subsection (d), the Secretary would contribute substantially toward the ate and the Committee on Resources of the shall— conduct and completion of the study. House of Representatives an annual report (A) develop a feasibility report that in- (3) FINANCIAL HARDSHIP.—The Secretary that describes the number and type of full- cludes— may increase the Federal share of the costs time equivalent positions in the Department (i) a recommendation of the Secretary on— of a feasibility study if the Secretary deter- of the Interior and the amount of overhead (I) whether the rural water supply project mines, based on a demonstration of financial costs of the Department of the Interior that should be authorized for construction; and hardship, that the non-Federal participant is are allocated to carrying out this title for (II) the appropriate non-Federal share of unable to contribute at least 50 percent of the applicable fiscal year. construction costs, which shall be— the costs of the study. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. (aa) at least 25 percent of the total con- (4) LARGER COMMUNITIES.—In conducting a (a) IN GENERAL.—There is authorized to be struction costs; and feasibility study of a rural water supply sys- appropriated to carry out this title (bb) determined based on an analysis of the tem that includes a community with a popu- $15,000,000 for each of fiscal years 2007 capability-to-pay information considered lation in excess of 50,000 inhabitants, the through 2016, to remain available until ex- under subsections (c)(9) and (f); and Secretary may require the non-Federal pended. (ii) if the Secretary recommends that the project entity to pay more than 50 percent of (b) RURAL WATER PROGRAMS ASSESS- project should be authorized for construc- the costs of the study. MENT.—Of the amounts made available under tion— (h) CONSULTATION AND COOPERATION.—In subsection (a), not more than $1,000,000 may (I) what amount of grants, loan guaran- addition to the non-Federal project entity, be made available to carry out section 104 for tees, or combination of grants and loan guar- the Secretary shall consult and cooperate each of fiscal years 2007 and 2008. antees should be used to provide the Federal with appropriate Federal, State, tribal, re- (c) CONSTRUCTION COSTS.—No amounts cost share; gional, and local authorities during the con- made available under this section shall be (II) a schedule that identifies the annual duct of each feasibility assessment and de- used to pay construction costs associated operations, maintenance, and replacement velopment of the feasibility report con- with any rural water supply project. costs that should be allocated to each non- ducted under this title. SEC. 110. TERMINATION OF AUTHORITY. Federal entity participating in the rural SEC. 107. MISCELLANEOUS. The authority of the Secretary to carry out this title terminates on September 30, water supply project; and (a) AUTHORITY OF SECRETARY.—The Sec- (III) an assessment of the financial capa- retary may enter into contracts, financial 2016. bility of each non-Federal entity partici- assistance agreements, and such other agree- TITLE II—TWENTY-FIRST CENTURY pating in the rural water supply project to ments, and promulgate such regulations, as WATER WORKS ACT pay the allocated annual operation, mainte- are necessary to carry out this title. SEC. 201. SHORT TITLE. nance, and replacement costs for the rural (b) TRANSFER OF PROJECTS.—Nothing in This title may be cited as the ‘‘Twenty- water supply project; this title authorizes the transfer of pre-exist- First Century Water Works Act’’. (B) submit the report to the Committee on ing facilities or pre-existing components of SEC. 202. DEFINITIONS. Energy and Natural Resources of the Senate any water system from Federal to private In this title: and the Committee on Resources of the ownership or from private to Federal owner- (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ House of Representatives; ship. has the meaning given the term in section 4 (C) make the report publicly available, (c) FEDERAL RECLAMATION LAW.—Nothing of the Indian Self-Determination and Edu- along with associated study documents; and in this title supersedes or amends any Fed- cation Assistance Act (25 U.S.C. 450b). (D) publish in the Federal Register a notice eral law associated with a project, or portion (2) LENDER.—The term ‘‘lender’’ means— of the availability of the results. of a project, constructed under Federal rec- (A) a non-Federal qualified institutional (f) CAPABILITY-TO-PAY.— lamation law. buyer (as defined in section 230.144A(a) of (1) IN GENERAL.—In evaluating a proposed (d) INTERAGENCY COORDINATION.—The Sec- title 17, Code of Federal Regulation (or any rural water supply project under this secretary shall coordinate the Program carried successor regulation), known as Rule 144A(a) tion, the Secretary shall— out under this title with existing Federal of the Securities and Exchange Commission (A) consider the financial capability of any and State rural water and wastewater pro- and issued under the Securities Act of 1933 non-Federal project entities participating in grams to facilitate the most efficient and ef- (15 U.S.C. 77a et seq.)); or the rural water supply project to pay 25 per- fective solution to meeting the water needs (B) a clean renewable energy bond lender cent or more of the capital construction of the non-Federal project sponsors. (as defined in section 54(j)(2) of the Internal costs of the rural water supply project; and (e) MULTIPLE INDIAN TRIBES.—In any case Revenue Code of 1986 (as in effect on the date (B) recommend an appropriate Federal in which a contract is entered into with, or of enactment of this Act)). share and non-Federal share of the capital a grant is made, to an organization to per- (3) LOAN GUARANTEE.—The term ‘‘loan construction costs, as determined by the form services benefitting more than 1 Indian guarantee’’ has the meaning given the term Secretary. tribe under this title, the approval of each ‘‘loan guarantee’’ in section 502 of the Fed- (2) FACTORS.—In determining the financial such Indian tribe shall be a prerequisite to eral Credit Reform Act of 1990 (2 U.S.C. 661a). capability of non-Federal project entities to entering into the contract or making the (4) NON-FEDERAL BORROWER.—The term pay for a rural water supply project under grant. ‘‘non-Federal borrower’’ means— paragraph (1), the Secretary shall evaluate (f) OWNERSHIP OF FACILITIES.—Title to any (A) a State (including a department, agen- factors for the project area, relative to the facility planned, designed, and recommended cy, or political subdivision of a State); or State average, including— for construction under this title shall be held (B) a conservancy district, irrigation dis- (A) per capita income; by the non-Federal project entity. trict, canal company, water users’ associa- (B) median household income; (g) EXPEDITED PROCEDURES.—If the Sec- tion, Indian tribe, an agency created by (C) the poverty rate; retary determines that a community to be interstate compact, or any other entity that (D) the ability of the non-Federal project served by a proposed rural water supply has the capacity to contract with the United entity to raise tax revenues or assess fees; project has urgent and compelling water States under Federal reclamation law. (E) the strength of the balance sheet of the needs, the Secretary shall, to the maximum (5) OBLIGATION.—The term ‘‘obligation’’ non-Federal project entity; and extent practicable, expedite appraisal inves- means a loan or other debt obligation that is (F) the existing cost of water in the region. tigations and reports conducted under sec- guaranteed under this section.

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(6) PROJECT.—The term ‘‘project’’ means— (3) INTEREST RATE.—An obligation shall greater than the amount of principal and in- (A) a rural water supply project (as defined bear interest at a rate that does not exceed terest that the non-Federal borrower is obli- in section 102(9)); a level that the Secretary determines to be gated to pay under the agreement being (B) an extraordinary operation and mainte- appropriate, taking into account the pre- guaranteed; and nance activity for, or the rehabilitation or vailing rate of interest in the private sector (3) the borrower agrees to reimburse the replacement of, a facility— for similar loans and risks. Secretary for the payment (including inter- (i) that is authorized by Federal reclama- (4) AMORTIZATION.—A loan guarantee under est) on terms and conditions that are satis- tion law and constructed by the United this section shall provide for complete amor- factory to the Secretary. States under such law; or tization of the loan guarantee within not (d) ACTION BY ATTORNEY GENERAL.— (ii) in connection with which there is a re- more than 40 years. (1) NOTIFICATION.—If the non-Federal bor- payment or water service contract executed (5) NONSUBORDINATION.—An obligation rower defaults on an obligation, the Sec- by the United States under Federal reclama- shall be subject to the condition that the ob- retary shall notify the Attorney General of tion law; or ligation is not subordinate to other financ- the default. (C) an improvement to water infrastruc- ing. (2) RECOVERY.—On notification, the Attor- ture directly associated with a reclamation (c) PREPAYMENT AND REFINANCING.—Any ney General shall take such action as is ap- project that, based on a determination of the prepayment or refinancing terms on a loan propriate to recover the unpaid principal and Secretary— guarantee shall be negotiated between the interest due from— (i) improves water management; and non-Federal borrower and the lender with (A) such assets of the defaulting non-Fed- (ii) fulfills other Federal goals. the consent of the Secretary. eral borrower as are associated with the obli- (7) SECRETARY.—The term ‘‘Secretary’’ SEC. 205. DEFAULTS. gation; or means the Secretary of the Interior. (a) PAYMENTS BY SECRETARY.— (B) any other security pledged to secure SEC. 203. PROJECT ELIGIBILITY. (1) IN GENERAL.—If a borrower defaults on the obligation. (a) ELIGIBILITY CRITERIA.— the obligation, the holder of the loan guar- SEC. 206. OPERATIONS, MAINTENANCE, AND RE- (1) IN GENERAL.—The Secretary shall de- antee shall have the right to demand pay- PLACEMENT COSTS. velop and publish in the Federal Register cri- ment of the unpaid amount from the Sec- (a) IN GENERAL.—The non-Federal share of teria for determining the eligibility of a retary. operations, maintenance, and replacement project for financial assistance under section (2) PAYMENT REQUIRED.—By such date as costs for a project receiving Federal assist- 204. may be specified in the loan guarantee or re- ance under this title shall be 100 percent. (2) INCLUSIONS.—Eligibility criteria shall lated agreements, the Secretary shall pay to (b) PLAN.—On request of the non-Federal include— the holder of the loan guarantee the unpaid borrower, the Secretary may assist in the de- (A) submission of an application by the interest on, and unpaid principal of, the obli- velopment of an operation, maintenance, and lender to the Secretary; gation with respect to which the borrower replacement plan to provide the necessary (B) demonstration of the creditworthiness has defaulted, unless the Secretary finds framework to assist the non-Federal bor- of the project, including a determination by that there was not default by the borrower in rower in establishing rates and fees for the Secretary that any financing for the the payment of interest or principal or that project beneficiaries. project has appropriate security features to the default has been remedied. SEC. 207. TITLE TO NEWLY CONSTRUCTED FA- ensure repayment; (3) FORBEARANCE.—Nothing in this sub- CILITIES. (C) demonstration by the non-Federal bor- section precludes any forbearance by the (a) NEW PROJECTS AND FACILITIES.—All new rower, to the satisfaction of the Secretary, holder of the obligation for the benefit of the projects or facilities constructed in accord- of the ability of the non-Federal borrower to non-Federal borrower that may be agreed on ance with this title shall remain under the repay the project financing from user fees or by the parties to the obligation and approved jurisdiction and control of the non-Federal other dedicated revenue sources; by the Secretary. borrower subject to the terms of the repay- (D) demonstration by the non-Federal bor- (b) SUBROGATION.— ment agreement. rower, to the satisfaction of the Secretary, (1) IN GENERAL.—If the Secretary makes a (b) EXISTING PROJECTS AND FACILITIES.— of the ability of the non-Federal borrower to payment under subsection (a), the Secretary Nothing in this title affects the title of— pay all operations, maintenance, and re- shall be subrogated to the rights of the re- (1) reclamation projects authorized prior placement costs of the project facilities; and cipient of the payment as specified in the to the date of enactment of this Act; (E) such other criteria as the Secretary de- loan guarantee or related agreements, in- (2) works supplemental to existing rec- termines to be appropriate. cluding, as appropriate, the authority (not- lamation projects; or (b) WAIVER.—The Secretary may waive any withstanding any other provision of law) (3) works constructed to rehabilitate exist- of the criteria in subsection (a)(2) that the to— ing reclamation projects. Secretary determines to be duplicative or (A) complete, maintain, operate, lease, or SEC. 208. WATER RIGHTS. rendered unnecessary because of an action otherwise dispose of any property acquired (a) IN GENERAL.—Nothing in this title pre- already taken by the United States. pursuant to the loan guarantee or related empts or affects State water law or an inter- (c) PROJECTS PREVIOUSLY AUTHORIZED.—A agreements; or state compact governing water. project that was authorized for construction (B) permit the non-Federal borrower, pur- (b) COMPLIANCE REQUIRED.—The Secretary under Federal reclamation laws prior to the suant to an agreement with the Secretary, shall comply with State water laws in car- date of enactment of this Act shall be eligi- to continue to pursue the purposes of the rying out this title. Nothing in this title af- ble for assistance under this title, subject to project if the Secretary determines the pur- fects or preempts State water law or an the criteria established by the Secretary poses to be in the public interest. interstate compact governing water. under subsection (a). (2) SUPERIORITY OF RIGHTS.—The rights of SEC. 209. INTERAGENCY COORDINATION AND CO- (d) CRITERIA FOR RURAL WATER SUPPLY the Secretary, with respect to any property OPERATION. PROJECTS.—A rural water supply project acquired pursuant to a loan guarantee or re- (a) CONSULTATION.—The Secretary shall that is determined to be feasible under sec- lated agreement, shall be superior to the consult with the Secretary of Agriculture be- tion 106 is eligible for a loan guarantee under rights of any other person with respect to fore promulgating criteria with respect to fi- section 204. the property. nancial appraisal functions and loan guar- SEC. 204. LOAN GUARANTEES. (c) PAYMENT OF PRINCIPAL AND INTEREST BY antee administration for activities carried (a) AUTHORITY.—Subject to the availability SECRETARY.—With respect to any obligation out under this title. of appropriations, the Secretary may make guaranteed under this section, the Secretary (b) MEMORANDUM OF AGREEMENT.—The Sec- available to lenders for a project meeting the may enter into a contract to pay, and pay, retary and the Secretary of Agriculture shall eligibility criteria established in section 203 holders of the obligation, for and on behalf of enter into a memorandum of agreement pro- loan guarantees to supplement private-sec- the non-Federal borrower, from funds appro- viding for Department of Agriculture finan- tor or lender financing for the project. priated for that purpose, the principal and cial appraisal functions and loan guarantee (b) TERMS AND LIMITATIONS.— interest payments that become due and pay- administration for activities carried out (1) IN GENERAL.—Loan guarantees under able on the unpaid balance of the obligation under this title. this section for a project shall be on such if the Secretary finds that— SEC. 210. RECORDS; AUDITS. terms and conditions and contain such cov- (1)(A) the non-Federal borrower is unable (a) IN GENERAL.—A recipient of a loan enants, representations, warranties, and re- to meet the payments and is not in default; guarantee shall keep such records and other quirements as the Secretary determines to (B) it is in the public interest to permit the pertinent documents as the Secretary shall be appropriate to protect the financial inter- non-Federal borrower to continue to pursue prescribe by regulation, including such ests of the United States. the purposes of the project; and records as the Secretary may require to fa- (2) AMOUNT.—Loan guarantees by the Sec- (C) the probable net benefit to the Federal cilitate an effective audit. retary shall not exceed an amount equal to Government in paying the principal and in- (b) ACCESS.—The Secretary and the Comp- 90 percent of the cost of the project that is terest will be greater than that which would troller General of the United States, or their the subject of the loan guarantee, as esti- result in the event of a default; duly authorized representatives, shall have mated at the time at which the loan guar- (2) the amount of the payment that the access, for the purpose of audit, to the antee is issued. Secretary is authorized to pay shall be no records and other pertinent documents.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.099 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8851 SEC. 211. FULL FAITH AND CREDIT. extraneous material in the bill under HOUSE OF REPRESENTATIVES, COM- The full faith and credit of the United consideration. MITTEE ON ENERGY AND COM- States is pledged to the payment of all guar- MERCE, antees issued under this section with respect The SPEAKER pro tempore. Is there Washington, DC, December 6, 2006. to principal and interest. objection to the request of the gentle- Hon. RICHARD POMBO, SEC. 212. REPORT. woman from Virginia? Chairman, Committee on Resources, Longworth House Office Building, Washington, DC. Not later than 1 year after the date on There was no objection. which the eligibility criteria are published in DEAR CHAIRMAN POMBO: I write in regards the Federal Register under section 203(a), Mrs. DRAKE. Mr. Speaker, I yield to S. 895, a bill authored by Senator Pete and every 2 years thereafter, the Secretary myself such time as I may consume. Domenici to direct the Secretary of the Inte- shall submit to the Committee on Energy rior to establish a rural water supply pro- and Natural Resources of the Senate and the Senate 895, introduced by Senator gram in the Reclamation States to provide a Committee on Resources of the House of PETE DOMENICI, strengthens the Bureau clean, safe, affordable, and reliable water Representatives a report that describes the of Reclamation rural water supply pro- supply to rural residents. implementation of the loan guarantee program to ensure that new projects are Given the importance of moving this bill gram under section 204. cost effective and efficient. The bill forward promptly, I do not intend to object SEC. 213. EFFECT ON THE RECLAMATION LAWS. also gives water users access to a loan to its consideration in the House. However, I (a) RECLAMATION PROJECTS.—Nothing in do so only with the understanding that this guarantee program aimed at strength- procedure should not be construed to preju- this title supersedes or amends any Federal ening water delivery infrastructure law associated with a project, or a portion of dice my Committee’s jurisdictional interest a project, constructed under the reclamation while improving the process to transfer in S. 895 or any other similar legislation and laws. many Federal projects to local enti- will not be considered as precedent for con- (b) NO NEW OR SUPPLEMENTAL BENEFITS.— ties. sideration of matters of jurisdictional inter- Any assistance provided under this title est to my Committee in the future. At this point, I include in the RECORD Finally, I ask that you include a copy of shall not— an exchange of letters with Chairman (1) be considered to be a new or supple- our exchange of letters in the Congressional mental benefit for purposes of the Reclama- BARTON of the Energy and Commerce Record during the consideration of this bill. tion Reform Act of 1982 (43 U.S.C. 390aa et Committee on this bill, and thank him If you have questions regarding this matter, seq.); or for his cooperation in scheduling it. please do not hesitate to call me. I thank you for your consideration. (2) affect any contract in existence on the HOUSE OF REPRESENTATIVES, Sincerely, date of enactment of this Act that is exe- COMMITTEE ON RESOURCES, JOE BARTON, cuted under the reclamation laws. Washington, DC, December 6, 2006. Chairman. SEC. 214. AUTHORIZATION OF APPROPRIATIONS. Hon. JOE BARTON, There are authorized to be appropriated Chairman, Committee on Energy and Commerce, Mr. Speaker, I reserve the balance of such sums as are necessary to carry out this Rayburn House Office Building, Wash- my time. title, to remain available until expended. ington, DC. Mrs. CHRISTENSEN. Mr. Speaker, I SEC. 215. TERMINATION OF AUTHORITY. DEAR MR. CHAIRMAN: The Committee on yield myself such time as I may con- (a) IN GENERAL.—Subject to subsection (b), Resources wishes to schedule for floor consume. the authority of the Secretary to carry out sideration S. 895, a bill authored by Senator (Mrs. CHRISTENSEN asked and was this title terminates on the date that is 10 Pete Domenici to direct the Secretary of the given permission to revise and extend years after the date of enactment of this Interior to establish a rural water supply Act. her remarks.) program in the Reclamation States to pro- Mrs. CHRISTENSEN. The majority (b) EXCEPTION.—The termination of au- vide a clean, safe, affordable, and reliable has already explained the bill, Mr. thority under subsection (a) shall have no ef- water supply to rural residents. This bill was fect on— passed by the Senate on November 16, 2005, Speaker, and I would add that it pre- (1) any loans guaranteed by the United by unanimous consent and referred exclu- sents an exciting opportunity to solve States under this title; or sively to the Committee on Resources. The critical water problems for rural com- (2) the administration of any loan guaran- House companion measure is H.R. 4418. munities with unreliable or contami- teed under this title before the effective date nated drinking water supplies. of the termination of authority. Based on discussions with the Parliamen- tarian, it appears that the definition of Mr. Speaker, we support adoption of TITLE III—REPORT ON TRANSFER OF S. 895. RECLAMATION FACILITIES ‘‘rural water supply project’’ contained in the bill is broad enough to encompass drink- Mr. Speaker, I yield back the balance SEC. 301. REPORT. ing water facilities of the type which are reg- of my time. (a) IN GENERAL.—Not later than 180 days ulated under the Safe Drinking Water Act, a after the date of enactment of this Act, the Mrs. DRAKE. Mr. Speaker, I have no program under your committee’s jurisdic- other additional speakers, and I yield Secretary shall submit to the Committee on tion. While this is not the intended focus of Energy and Natural Resources of the Senate the bill, and the Bureau of Reclamation, the back the balance of my time. and the Committee on Resources of the implementing agency for the program under The SPEAKER pro tempore. The House of Representatives a report that de- the bill, does not normally deal with drink- question is on the motion offered by scribes any impediments and activities that ing water projects, I agree that the Com- the gentlewoman from Virginia (Mrs. significantly delay the ability of the Sec- mittee on Energy and Commerce would have DRAKE) that the House suspend the retary to complete timely transfers of title a jurisdictional interest in the bill as writ- rules and pass the Senate bill, S. 895, as to reclamation facilities to qualified non- ten. Federal entities under laws authorizing the amended. transfers. Therefore, I ask you not to seek a sequen- The question was taken; and (two- (b) CONSULTATION.—In preparing the report tial referral of the bill so that it may be con- thirds of those voting having responded under subsection (a), the Secretary shall sidered by the House of Representatives be- in the affirmative) the rules were sus- consult with any appropriate non-Federal fore we adjourn the 109th Congress later this pended and the Senate bill, as amend- parties, including reclamation water and week. This agreement in no way affects your ed, was passed. power customers. jurisdiction over the subject matter and it will not serve as precedent for future refer- The title of the Senate bill was The SPEAKER pro tempore (Mr. rals. In the very unlikely event a conference amended so as to read: ‘‘An Act to au- PRICE of Georgia). Pursuant to the committee is convened on S. 895, I would thorize the Secretary of the Interior to rule, the gentlewoman from Virginia support your request to have the Committee carry out a rural water supply program (Mrs. DRAKE) and the gentlewoman on Energy and Commerce represented on in the Reclamation States to provide a from the Virgin Islands (Mrs. that conference. In addition, I would be clean, safe, affordable, and reliable CHRISTENSEN) each will control 20 min- pleased to include this letter and any re- water supply to rural residents.’’. utes. sponse you might have in the Congressional A motion to reconsider was laid on Record when the bill is debated. The Chair recognizes the gentle- the table. woman from Virginia. Thank you for your consideration of my request, and for all your cooperation and as- f GENERAL LEAVE sistance during our mutual times as chair- Mrs. DRAKE. Mr. Speaker, I ask NATIONAL HISTORIC PRESERVA- men. I look forward to bringing S. 895 to the TION ACT AMENDMENTS OF 2006 unanimous consent that all Members floor soon. may have 5 legislative days to revise Sincerely, Mrs. DRAKE. Mr. Speaker, I move to and extend their remarks and include RICHARD W. POMBO. suspend the rules and pass the Senate

VerDate Aug 31 2005 02:42 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.099 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8852 CONGRESSIONAL RECORD — HOUSE December 6, 2006 bill (S. 1829) to repeal certain sections SEC. 205. ADVISORY COUNCIL ON HISTORIC tiveness of Federal grant and assistance pro- of the Act of May 26, 1936, pertaining to PRESERVATION. grams in meeting the purposes and policies (a) MEMBERSHIP.—Section 201 of the Na- the Virgin Islands, as amended. of this Act, including recommendations with tional Historic Preservation Act (16 U.S.C. regard to appropriate funding levels.’’. The Clerk read as follows: 470i) is amended— S. 1829 TITLE III—REPEAL OF CERTAIN LAWS (1) in subsection (a)(4), by striking ‘‘four’’ PERTAINING TO THE VIRGIN ISLANDS Be it enacted by the Senate and House of Rep- and inserting ‘‘seven’’; resentatives of the United States of America in (2) in subsection (b), by striking ‘‘(5) and SEC. 301. REPEAL OF CERTAIN LAWS PER- TAINING TO THE VIRGIN ISLANDS. Congress assembled, (6)’’ and inserting ‘‘paragraph (6)’’; and (a) REPEAL.—Sections 1 through 6 of the TITLE I—SACRAMENTO-SAN JOAQUIN (3) in subsection (f), by striking ‘‘Nine’’ Act of May 26, 1936 (Chapter 450; 49 Stat. DELTA and inserting ‘‘Eleven’’. 1372–1373; 48 U.S.C. 1401–1401e), are repealed. (b) FINANCIAL AND ADMINISTRATIVE SERV- SEC. 101. CALIFORNIA DELTA SUBVENTION. (b) EFFECTIVE DATE.—This section shall be ICES.—Section 205(f) of such Act (16 U.S.C. (a) AUTHORITY.—The Secretary of the Inte- deemed to have taken effect on July 22, 1954. 470m(f)) is amended to read as follows: rior, acting through the Commissioner of TITLE IV—NATIONAL PARK SYSTEM SPE- ‘‘(f) Financial and administrative services Reclamation, shall deposit within 30 days of CIAL RESOURCE STUDY, NEWTONIA (including those related to budgeting, ac- receipt, all funds under this title into the CIVIL WAR BATTLEFIELDS, MISSOURI counting, financial reporting, personnel and Fund established by Cal. Water Code section procurement) shall be provided the Council SEC. 401. NATIONAL PARK SYSTEM SPECIAL RE- 12300(a), to be used for project reimburse- by the Department of the Interior or, at the SOURCE STUDY, NEWTONIA CIVIL ment under Cal. Water Code section WAR BATTLEFIELDS, MISSOURI. discretion of the Council, such other agency 12300(b)(1), as in effect before July 1, 2006. (a) SPECIAL RESOURCE STUDY.—The Sec- or private entity that reaches an agreement (b) ADMINISTRATIVE COSTS.—The Bureau of retary of the Interior shall conduct a special Reclamation may use not more than 1 per- with the Council, for which payments shall resource study relating to the First Battle of cent of appropriated funds to cover adminis- be made in advance or by reimbursement Newtonia in Newton County, Missouri, which trative and overhead costs. from funds of the Council in such amounts as occurred on September 30, 1862, and the Sec- (c) AUTHORIZATION OF APPROPRIATIONS.— may be agreed upon by the Chairman of the ond Battle of Newtonia, which occurred on There are authorized to carry out this sec- Council and the head of the agency or, in the October 28, 1864, during the Missouri Expedi- tion $10,000,000 for each of fiscal years 2007 case of a private entity, the authorized rep- tion of Confederate General Sterling Price in through 2012. Any amounts expended under resentative of the private entity that will September and October 1864. this subsection shall be considered to be non- provide the services. When a Federal agency (b) CONTENTS.—In conducting the study reimbursable Federal expenditures. affords such services, the regulations of that under subsection (a), the Secretary shall— agency for the collection of indebtedness of (1) evaluate the national significance of TITLE II—NATIONAL HISTORIC personnel resulting from erroneous pay- the Newtonia battlefields and their related PRESERVATION ACT AMENDMENTS ments, prescribed under section 5514(b) of sites; SEC. 201. SHORT TITLE. title 5, United States Code, shall apply to the (2) consider the findings and recommenda- This title may be cited as the ‘‘National collection of erroneous payments made to or tions contained in the document entitled Historic Preservation Act Amendments of on behalf of a Council employee, and regula- ‘‘Vision Plan for Newtonia Battlefield Pres- 2006’’. tions of that agency for the administrative ervation’’ and dated June 2004, which was SEC. 202. HISTORIC PRESERVATION OFFICER RE- control of funds under sections 1513(d) and prepared by the Newtonia Battlefields Pro- SPONSIBILITIES. 1514 of title 31, United States Code, shall tection Association; Section 101(b) of the National Historic apply to appropriations of the Council. The (3) evaluate the suitability and feasibility Preservation Act (16 U.S.C. 470a(b)) is Council shall not be required to prescribe of adding the battlefields and related sites as amended by adding at the end the following: such regulations.’’. part of Wilson’s Creek National Battlefield ‘‘(7) The State Historic Preservation Offi- (c) AUTHORIZATION OF APPROPRIATIONS.— or designating the battlefields and related cer shall have no authority to require an ap- Section 212(a) of the Act (16 U.S.C. 470t(a)) is sites as a unit of the National Park System; plicant for Federal assistance, permit, or li- amended by striking ‘‘for purposes of this (4) analyze the potential impact that the cense to identify historic properties outside title not to exceed $4,000,000 for each fiscal inclusion of the battlefields and related sites the undertaking’s area of potential effects as year 1997 through 2005’’ and inserting ‘‘such as part of Wilson’s Creek National Battle- determined by the Federal agency in accord- amounts as may be necessary to carry out field or their designation as a unit of the Na- ance with the regulations implementing sec- this title’’. tional Park System is likely to have on land tion 106. SEC. 206. EFFECTIVENESS OF FEDERAL GRANT within or bordering the battlefields and re- ‘‘(8) If the State Historic Preservation Offi- AND ASSISTANCE PROGRAMS IN lated sites that is privately owned at the cer, Tribal representative, or Tribal Historic MEETING PURPOSES AND POLICIES time of the study is conducted; Preservation Officer fails to respond within OF THE NATIONAL HISTORIC PRES- (5) consider alternatives for preservation, ERVATION ACT. 30 days after an adequately documented find- protection, and interpretation of the battle- The National Historic Preservation Act is ing of ‘no historic properties affected’ or ‘no fields and related sites by the National Park amended by inserting after section 215 (16 adverse effect’ as provided in the regulations Service, other Federal, State, or local gov- U.S.C. 470v–1) the following new section: implementing section 106, the Federal agen- ernmental entities, or private and nonprofit cy may assume that the State Historic Pres- ‘‘SEC. 216. EFFECTIVENESS OF FEDERAL GRANT organizations; and AND ASSISTANCE PROGRAMS. ervation Officer or Tribal Historic Preserva- (6) identify cost estimates for any nec- ‘‘(a) COOPERATIVE AGREEMENTS.—The tion Officer has no objection to the finding.’’. essary acquisition, development, interpreta- Council may enter into a cooperative agree- SEC. 203. ADDITIONAL CRITERIA FOR CERTIFI- tion, operation, and maintenance associated ment with any Federal agency that admin- CATION OF LOCAL GOVERNMENTS with the alternatives referred to in para- TO CARRY OUT NATIONAL HISTORIC isters a grant or assistance program for the graph (5). PRESERVATION ACT. purpose of improving the effectiveness of the (c) CRITERIA.—The criteria for the study of Section 101(c)(1) of the National Historic administration of such program in meeting areas for potential inclusion in the National Preservation Act (16 U.S.C. 470a(c)(1)) is the purposes and policies of this Act. Such Park System contained in section 8 of Public amended— cooperative agreements may include provi- Law 91–383 (16 U.S.C. 1a–5) shall apply to the (1) by striking ‘‘and’’ at the end of subpara- sions that modify the selection criteria for a study under subsection (a). graph (D); grant or assistance program to further the (d) TRANSMISSION TO CONGRESS.—Not later (2) by redesignating subparagraph (E) as purposes of this Act or that allow the Coun- than three years after the date on which subparagraph (F); cil to participate in the selection of recipi- funds are first made available for the study (3) by inserting after subparagraph (D) the ents, if such provisions are not inconsistent under subsection (a), the Secretary shall sub- following new subparagraph: with the statutory authorization and pur- mit to the Committee on Resources of the ‘‘(E) agrees that it shall not use any eligi- pose of the grant or assistance program. House of Representatives and the Committee bility determination regarding the inclusion ‘‘(b) REVIEW OF GRANT AND ASSISTANCE on Energy and Natural Resources of the Sen- of any property or District on the National PROGRAMS.—The council may— ate a report containing— Register to initiate local regulatory require- ‘‘(1) review the operation of any Federal (1) the results of the study; and ments unless the entity provides full due grant or assistance program to evaluate the (2) any conclusions and recommendations process protection to the owner or owners of effectiveness of such program in meeting the of the Secretary. the property or District through a hearing purposes and policies of this Act; The SPEAKER pro tempore. Pursu- process; and’’; and ‘‘(2) make recommendations to the head of ant to the rule, the gentlewoman from (4) in the matter below the subparagraphs, the Federal agency that administers such Virginia (Mrs. DRAKE) and the gentle- by striking ‘‘through (E)’’ and inserting program to further the consistency of the ‘‘through (F)’’. program with the purposes and policies of woman from the Virgin Islands (Mrs. SEC. 204. HISTORIC PRESERVATION FUND. this Act and to improve its effectiveness in CHRISTENSEN) each will control 20 min- Section 108 of the National Historic Preser- carrying out those purposes and policies; and utes. vation Act (16 U.S.C. 470h) is amended by ‘‘(3) make recommendations to the Presi- The Chair recognizes the gentle- striking ‘‘2005’’ and inserting ‘‘2015’’. dent and the Congress regarding the effec- woman from Virginia.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.153 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8853 Mrs. DRAKE. Mr. Speaker, with time That statute was enacted to address lands who have, alongside citizens from quickly running out in the 109th Con- the tax policies of the Danish era in all of the other districts, served this gress, the Committee on Resources has the Virgin Islands. It was generally country at every level, even to the ulti- amended this bill to package several thought to have been repealed by the mate sacrifice in every war this coun- bills for consideration in the Senate. enactment of the Revised Organic Act try has fought. Title I is the text of H.R. 6014 au- of 1954, which created a comprehensive Mr. Speaker, I yield back the balance thored by Congressman RICHARD system within the local government of my time. POMBO, which aims to protect levees in with sufficient legislative powers to re- GENERAL LEAVE the highly vulnerable Sacramento-San solve local property tax issues without Mrs. DRAKE. Mr. Speaker, I ask Joaquin Delta in Central California. the need of Federal intervention. unanimous consent that all Members This bill passed the House in Sep- S. 1829 and H.R. 59, which I intro- may have 5 legislative days to revise tember. duced in the House, became necessary and extend their remarks and include Title II is the text of H.R. 5861, au- because 2 years ago the Third Circuit extraneous materials on this bill. thored by Congressman STEVAN Federal Court of Appeals revived the The SPEAKER pro tempore. Is there PEARCE, which strengthens and im- 1936 statute, which requires that all objection to the request of the gentle- proves the operation of the National real property be taxed at the same rate woman from Virginia? Historic Preservation Act. This bill without regard to classification or use. There was no objection. also passed the House in September. This decision, among other things, Mrs. DRAKE. Mr. Speaker, I have no Title III, authored by Senator PETE struck down a local statute capping additional speakers, and I yield back DOMENICI and Congresswoman DONNA the amount of any increase in the as- the balance of my time. CHRISTENSEN, amends the Organic Act sessment of residential real property The SPEAKER pro tempore. The which applies to the U.S. Virgin Is- and, therefore, any increase in the question is on the motion offered by lands. The language, as reflected in property tax owed in any assessment the gentlewoman from Virginia (Mrs. both H.R. 59 and S. 1829, as passed by period. It also prevents any exemptions DRAKE) that the House suspend the the Senate on September 29 of this for veterans and other groups who rules and pass the Senate bill, S. 1829, year, will allow the Virgin Islands to ought to have such a benefit. as amended. control its property tax system. Cur- If the 1936 law is not now repealed by The question was taken; and (two- rently, all other States and territories Congress, it will hinder the exercise of thirds of those voting having responded have this ability, and for the many the Virgin Islands government as con- in the affirmative) the rules were sus- residents of this territory it is impor- ferred by the Revised Organic Act to pended and the Senate bill, as amend- tant that we are able to move this pro- assess, administer, and collect real ed, was passed. vision forward. property taxes in the Virgin Islands. The title of the Senate bill was The last title includes the text of Indeed, the 1936 statute puts at risk amended so as to read: ‘‘An Act to re- H.R. 5978, authored by Congressman longstanding government policies de- peal certain sections of the Act of May ROY BLUNT. That bill authorizes the signed to develop the economy, pro- 26, 1936, pertaining to the Virgin Is- Secretary of the Interior to conduct a mote social welfare, and protect home lands, and for other purposes.’’. special resource study to determine the ownership in the Virgin Islands. With- A motion to reconsider was laid on suitability and feasibility of including out the authority to limit such in- the table. the battlefields and related sites of the creases by capping such assessments or First and Second Battles of Newtonia, f similar methods commonly used by Missouri, during the Civil War, as part other jurisdictions, the now revived UNITED STATES-MEXICO TRANS- of Wilson’s Creek National Battlefield 1936 statute may have the anomalous BOUNDARY AQUIFER ASSESS- or designating the battlefields and re- result of pricing land and home owner- MENT ACT lated sites as a separate unit of the Na- ship beyond the reach of many Virgin Mrs. DRAKE. Mr. Speaker, I move to tional Park System. All of these bills Islanders. It has long outlived its use- suspend the rules and pass the Senate are worthy of our consideration, and I bill (S. 214) to authorize the Secretary ask for your support. fulness and now interferes with the of the Interior to cooperate with the Mr. Speaker, I reserve the balance of Virgin Islands’ ability to perform an my time. essential government function. States on the border with Mexico and Mrs. CHRISTENSEN. Mr. Speaker, I The assessment and collection of real other appropriate entities in con- yield myself such time as I may con- property taxes is fundamentally a local ducting a hydrogeologic characteriza- sume. government issue with no Federal im- tion, mapping, and modeling program (Mrs. CHRISTENSEN asked and was pact. No other State, territorial or for priority transboundary aquifers, given permission to revise and extend local government is subject to such and for other purposes, as amended. her remarks.) Federal restrictions. The Clerk read as follows: Mrs. CHRISTENSEN. Mr. Speaker, I Mr. Speaker, I would be remiss if I S. 214 rise in strong support of S. 1829, com- didn’t point out my deep disappoint- Be it enacted by the Senate and House of Rep- panion legislation to one I introduced ment of the fact that we are not voting resentatives of the United States of America in to repeal an outdated 1936 Federal stat- on S. 1829 as a stand-alone bill. By in- Congress assembled, ute which limits the authority of the cluding additional items in the bill, it SECTION 1. SHORT TITLE. Virgin Islands government to assess becomes possible that the repeal of the This Act may be cited as the ‘‘United and collect real property taxes in the 1936 statute could not become law be- States-Mexico Transboundary Aquifer As- territory. I will note that the Senate fore Congress adjourns because of pro- sessment Act’’. approved this measure as a stand-alone cedural complications in the other SEC. 2. PURPOSE. body. I hope that is not the case, be- The purpose of this Act is to direct the piece of legislation, but certain extra- Secretary of the Interior to establish a neous matters such as titles 1, 2, and 4 cause it would be extremely lamen- United States-Mexico transboundary aquifer have been added to this bill by the Re- table if, because of that result, many of assessment program to systematically assess publican leadership which will require my constituents would receive very priority transboundary aquifers. it to be reconsidered by the Senate. high tax bills this coming January and SEC. 3. DEFINITIONS. Mr. Speaker, it is crucial that we there would be no way that they could In this Act: pass S. 1829, now title III, and have it afford to pay, and that could in fact (1) AQUIFER.—The term ‘‘aquifer’’ means a enacted into law before we adjourn for mean the loss of their homes. So I am subsurface water-bearing geologic formation the year to prevent some of my con- calling on my colleagues, whose bills from which significant quantities of water stituents from facing the very real risk were added to this otherwise simple may be extracted. of losing their homes because the Vir- but very significant measure, and the (2) IBWC.—The term ‘‘IBWC’’ means the International Boundary and Water Commis- gin Islands government would not be leadership to work with me in the re- sion, an agency of the Department of State. able to provide them protections from maining day or days of this Congress to (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ the sky-high property tax bills because save the American dream for their fel- means an Indian tribe, band, nation, or other of the 1936 statute. low Americans living in the Virgin Is- organized group or community—

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.154 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8854 CONGRESSIONAL RECORD — HOUSE December 6, 2006 (A) that is recognized as eligible for the to characterize the spatial and temporal as- search institutes, and other relevant entities special programs and services provided by pects of each priority transboundary aquifer; to develop a study plan, timeline, and cost the United States to Indians because of their and estimate for each priority transboundary aq- status as Indians; and (D) using field studies, including support uifer to be studied under the program. (B) the reservation of which includes a for and expansion of ongoing monitoring and (2) REQUIREMENTS.—A study plan developed transboundary aquifer within the exterior metering efforts, to develop— under paragraph (1) shall, to the maximum boundaries of the reservation. (i) the additional data necessary to ade- extent practicable— (4) PARTICIPATING STATE.—The term ‘‘Par- quately define aquifer characteristics; and (A) integrate existing data collection and ticipating State’’ means each of the States (ii) scientifically sound groundwater flow analyses conducted with respect to the pri- of Arizona, New Mexico, and Texas. models to assist with State and local water ority transboundary aquifer; (5) PRIORITY TRANSBOUNDARY AQUIFER.— management and administration, including (B) if applicable, improve and strengthen The term ‘‘priority transboundary aquifer’’ modeling of relevant groundwater and sur- existing groundwater flow models developed means a transboundary aquifer that has been face water interactions; for the priority transboundary aquifer; and designated for study and analysis under the (2) consider the expansion or modification (C) be consistent with appropriate State program. of existing agreements, as appropriate, be- guidelines and goals. (6) PROGRAM.—The term ‘‘program’’ means tween the United States Geological Survey, SEC. 6. EFFECT. the United States-Mexico transboundary aq- the Participating States, the water resources (a) IN GENERAL.—Nothing in this Act af- uifer assessment program established under research institutes, and appropriate authori- fects— section 4(a). ties in the United States and Mexico, to— (1) the jurisdiction or responsibility of a ESERVATION.—The term ‘‘reservation’’ (7) R (A) conduct joint scientific investigations; Participating State with respect to man- means land that has been set aside or that (B) archive and share relevant data; and aging surface or groundwater resources in has been acknowledged as having been set (C) carry out any other activities con- the Participating State; aside by the United States for the use of an sistent with the program; and (2) the water rights of any person or entity Indian tribe, the exterior boundaries of (3) produce scientific products for each pri- using water from a transboundary aquifer; or which are more particularly defined in a ority transboundary aquifer that— (3) State water law, or an interstate com- final tribal treaty, agreement, executive (A) are capable of being broadly distrib- pact or international treaty governing order, Federal statute, secretarial order, or uted; and water. judicial determination. (B) provide the scientific information need- (b) TREATY.—Nothing in this Act shall (8) SECRETARY.—The term ‘‘Secretary’’ ed by water managers and natural resource delay or alter the implementation or oper- means the Secretary of the Interior, acting agencies on both sides of the United States- ation of any works constructed, modified, ac- through the Director of the United States Mexico border to effectively accomplish the quired, or used within the territorial limits Geological Survey. missions of the managers and agencies. of the United States relating to the waters (9) TRANSBOUNDARY AQUIFER.—The term (c) DESIGNATION OF PRIORITY governed by the Treaty Between the United ‘‘transboundary aquifer’’ means an aquifer TRANSBOUNDARY AQUIFERS.— States and Mexico Regarding Utilization of that underlies the boundary between a Par- (1) IN GENERAL.—For purposes of the pro- Waters of the Colorado and Tijuana Rivers ticipating State and Mexico. gram, the Secretary shall designate as pri- and of the Rio Grande, Treaty Series 994 (59 (10) TRI-REGIONAL PLANNING GROUP.—The ority transboundary aquifers— Stat. 1219). term ‘‘Tri-Regional Planning Group’’ means (A) the Hueco Bolson and Mesilla aquifers the binational planning group comprised of— SEC. 7. REPORTS. underlying parts of Texas, New Mexico, and Not later than 5 years after the date of en- (A) the Junta Municipal de Agua y Mexico; Saneamiento de Ciudad Juarez; actment of this Act, and on completion of (B) the Santa Cruz River Valley aquifers the program in fiscal year 2016, the Sec- (B) the El Paso Water Utilities Public underlying Arizona and Sonora, Mexico; and Service Board; and retary shall submit to the appropriate water (C) the San Pedro aquifers underlying Ari- resource agency in the Participating States, (C) the Lower Rio Grande Water Users Or- zona and Sonora, Mexico ganization. an interim and final report, respectively, (2) ADDITIONAL AQUIFERS.—The Secretary (11) WATER RESOURCES RESEARCH INSTI- that describes— may, using the criteria under subsection (1) any activities carried out under the pro- TUTES.—The term ‘‘water resources research (b)(1)(A), evaluate and designate additional institutes’’ means the institutes within the gram; priority transboundary aquifers which un- (2) any conclusions of the Secretary relat- Participating States established under sec- derlie New Mexico or Texas. tion 104 of the Water Resources Research Act ing to the status of priority transboundary (d) COOPERATION WITH MEXICO.—To ensure aquifers; and of 1984 (42 U.S.C. 10303). a comprehensive assessment of priority SEC. 4. ESTABLISHMENT OF PROGRAM. (3) the level of participation in the pro- transboundary aquifers, the Secretary shall, gram of entities in Mexico. (a) IN GENERAL.—The Secretary, in con- to the maximum extent practicable, work SEC. 8. AUTHORIZATION OF APPROPRIATIONS. sultation and cooperation with the Partici- with appropriate Federal agencies and other pating States, the water resources research organizations to develop partnerships with, (a) IN GENERAL.—There are authorized to institutes, Sandia National Laboratories, and receive input from, relevant organiza- be appropriated to carry out this Act and other appropriate entities in the United tions in Mexico to carry out the program. $50,000,000 for the period of fiscal years 2007 States and Mexico, and the IBWC, as appro- through 2016. (e) GRANTS AND COOPERATIVE AGREE- priate, shall carry out the United States- (b) DISTRIBUTION OF FUNDS.—Of the MENTS.—The Secretary may provide grants Mexico transboundary aquifer assessment amounts made available under subsection or enter into cooperative agreements and program to characterize, map, and model pri- (a), 50 percent shall be made available to the other agreements with the water resources ority transboundary aquifers along the water resources research institutes to pro- research institutes and other Participating United States-Mexico border at a level of de- vide funding to appropriate entities in the State entities to carry out the program. tail determined to be appropriate for the par- Participating States (including Sandia Na- ticular aquifer. SEC. 5. IMPLEMENTATION OF PROGRAM. tional Laboratories, State agencies, univer- (b) OBJECTIVES.—The objectives of the pro- (a) COORDINATION WITH STATES, TRIBES, sities, the Tri-Regional Planning Group, and gram are to— AND OTHER ENTITIES.—The Secretary shall other relevant organizations) and to imple- (1) develop and implement an integrated coordinate the activities carried out under ment cooperative agreements entered into scientific approach to identify and assess the program with— with appropriate entities in Mexico to con- priority transboundary aquifers, including— (1) the appropriate water resource agencies duct specific authorized activities in further- (A) for purposes of subsection (c)(2), speci- in the Participating States; ance of the program, including the bina- fying priority transboundary aquifers for (2) any affected Indian tribes; tional collection and exchange of scientific further analysis by assessing— (3) any other appropriate entities that are data. (i) the proximity of a propossed priority conducting monitoring and metering activ- (c) CRITERIA.—Funding provided to an ap- transboundary aquifer to areas of high popu- ity with respect to a priority transboundary propriate entity in Mexico pursuant to sub- lation density; aquifer; and section (b) shall be contingent on that entity (ii) the extent to which a proposed priority (4) the IBWC, as appropriate. providing 50 percent of the necessary re- transboundary aquifer would be used; (b) NEW ACTIVITY.—After the date of enact- sources (including in-kind services) to fur- (iii) the susceptibility of a proposed pri- ment of this Act, the Secretary shall not ini- ther assist in carrying out the authorized ac- ority transboundary aquifer to contamina- tiate any new field studies or analyses under tivity. tion; and the program before consulting with, and co- SEC. 9. SUNSET OF AUTHORITY. (iv) any other relevant criteria; ordinating the activity with, any Partici- The authority of the Secretary to carry (B) evaluating all available data and publi- pating State water resource agencies that out any provisions of this Act shall termi- cations as part of the development of study have jurisdiction over the aquifer. nate 10 years after the date of enactment of plans for each priority transboundary aqui- (c) STUDY PLANS; COST ESTIMATES.— this Act. fer; (1) IN GENERAL.—The Secretary shall work (C) creating a new, or enhancing an exist- closely with appropriate Participating State The SPEAKER pro tempore. Pursu- ing, geographic information system database water resource agencies, water resources re- ant to the rule, the gentlewoman from

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.095 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8855 Virginia (Mrs. DRAKE) and the gentle- MICHIGAN LIGHTHOUSE AND b 1815 woman from the Virgin Islands (Mrs. MARITIME HERITAGE ACT GENERAL LEAVE CHRISTENSEN) each will control 20 min- Mrs. DRAKE. Mr. Speaker, I move to Mrs. DRAKE. Mr. Speaker, I ask utes. suspend the rules and pass the Senate unanimous consent that all Members The Chair recognizes the gentle- bill (S. 1346) to direct the Secretary of may have 5 legislative days in which to woman from Virginia. the Interior to conduct a study of mar- revise and extend their remarks and in- GENERAL LEAVE itime sites in the State of Michigan. clude extraneous material on the bill The Clerk read as follows: Mrs. DRAKE. Mr. Speaker, I ask under consideration. S. 1346 unanimous consent that all Members The SPEAKER pro tempore. Is there Be it enacted by the Senate and House of Rep- objection to the request of the gentle- may have 5 legislative days to revise resentatives of the United States of America in and extend their remarks and include woman from Virginia? Congress assembled, There was no objection. extraneous material on the bill under SECTION 1. SHORT TITLE. Mrs. DRAKE. Mr. Speaker, I yield consideration. This Act may be cited as the ‘‘Michigan myself such time as I may consume. Lighthouse and Maritime Heritage Act’’. The SPEAKER pro tempore. Is there Mr. Speaker, S. 1346, introduced by SEC. 2. DEFINITIONS. objection to the request of the gentle- Senator STABENOW, is a companion to woman from Virginia? In this Act: (1) SECRETARY.—The term ‘‘Secretary’’ H.R. 3532 introduced by our colleague, There was no objection. means the Secretary of the Interior. Mr. CAMP of Michigan. The bill would Mrs. DRAKE. Mr. Speaker, I yield (2) STATE.—The term ‘‘State’’ means the direct the Secretary of the Interior to myself such time as I may consume. State of Michigan. conduct a study of Michigan’s mari- S. 214, introduced by Senator BINGA- SEC. 3. STUDY. time heritage resources to determine (a) IN GENERAL.—The Secretary, in con- MAN and supported by our Arizona col- suitable and feasible options for their sultation with the State, the State Historic long-term protection. I urge adoption league Congressman JIM KOLBE, au- Preservation Officer, and other appropriate thorizes the Secretary of the Interior State and local public agencies and private of the bill. to cooperate on a study on the Mexican organizations, shall conduct a special re- Mr. Speaker, I reserve the balance of border of transboundary aquifers. source study of resources related to the mar- my time. As the population in this arid region itime heritage of the State. Mrs. CHRISTENSEN. Mr. Speaker, I (b) PURPOSE.—The purpose of the study is yield myself such time as I may con- continues to grow, the importance of to determine— water cannot be overstated. This legis- sume. (1) suitable and feasible options for the Mr. Speaker, our colleagues from the lation will help provide the scientific long-term protection of significant maritime Wolverine State, including our Re- foundation necessary for Federal, heritage resources in the State; and sources Committee colleague, Mr. KIL- State, and local officials to address (2) the manner in which the public can best DEE, and the dean of the House, Rep- pressing water resource challenges. learn about and experience the resources. resentative JOHN DINGELL, have worked This includes researching, mapping, (c) REQUIREMENTS.—In conducting the study under subsection (a), the Secretary diligently to get this measure to the and modeling of these aquifers along shall— House floor today, and we applaud our shared border. Because these (1) review Federal, State, and local mari- their efforts. aquifers do not recognize international time resource inventories and studies to es- We have no objection to S. 1346 and borders, it is essential that any re- tablish the potential for interpretation and look forward to the results of the study search involve the cooperation and par- preservation of maritime heritage resources in the State; authorizing this bill. ticipation of both countries. I urge my Mr. Speaker, I yield back the balance colleagues to support this legislation. (2) recommend management alternatives that would be most effective for long-term of my time. Mr. Speaker, I reserve the balance of resource protection and providing for public Mrs. DRAKE. Mr. Speaker, I yield my time. enjoyment of maritime heritage resources; such time as he may consume to the Mrs. CHRISTENSEN. Mr. Speaker I (3) address how to assist regional, State, gentleman from Michigan (Mr. CAMP). yield myself such time as I may con- and local partners in increasing public Mr. CAMP. Mr. Speaker, I thank the sume. awareness of and access to maritime herit- gentlewoman from Virginia for yield- age resources; ing me this time, and I thank the gen- Mr. Speaker, the majority has al- (4) identify sources of financial and tech- ready explained this bill. I would sim- nical assistance available to communities tlewoman from the Virgin Islands for ply note that we share more than a for the preservation and interpretation of her comments on this bipartisan bill. long border with our neighbors in Mex- maritime heritage resources; and I rise today in support of S. 1346, and ico. We also share very scarce surface (5) identify opportunities for the National I was proud to introduce a companion water and groundwater supplies. Rap- Park Service and the State to coordinate the bill in the House. idly growing cities along the border activities of appropriate units of national, Michigan owes its rich maritime his- need to understand these water sup- State, and local parks and historic sites in tory to more than 3,000 miles of Great furthering the preservation and interpreta- plies so that they can make decisions Lakes shoreline. As the largest fresh- tion of maritime heritage resources. water body in the world, the Great about how best to use them now and to (d) REPORT.—Not later than 3 years after preserve them for the future. We the date on which funds are made available Lakes are home to a thriving shipping strongly support the adoption of S. 214. to carry out the study under subsection (a), industry, a passenger transport system, Mr. Speaker, I yield back the balance the Secretary shall submit to the Committee and thousands of recreational boaters. of my time. on Energy and Natural Resources of the Sen- It is not surprising, then, that Michi- ate and the Committee on Resources of the gan’s shores carry more lighthouses Mrs. DRAKE. Mr. Speaker, I have no House of Representatives a report that de- than any other State. These light- additional speakers, and I yield back scribes— houses are important reminders of the the balance of my time. (1) the results of the study; and State’s maritime prominence. The SPEAKER pro tempore. The (2) any findings and recommendations of the Secretary. Michigan is also home to several un- question is on the motion offered by derwater preserves and the country’s the gentlewoman from Virginia (Mrs. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated only freshwater marine sanctuary, the DRAKE) that the House suspend the such sums as are necessary to carry out this Thunder Bay National Marine Sanc- rules and pass the Senate bill, S. 214, as Act. tuary. Thunder Bay contains hundreds amended. The SPEAKER pro tempore. Pursu- of shipwrecks preserved by the icy wa- The question was taken; and (two- ant to the rule, the gentlewoman from ters of Lake Huron. Each one provides thirds of those voting having responded Virginia (Mrs. DRAKE) and the gentle- a unique window into Michigan’s mari- in the affirmative) the rules were sus- woman from the Virgin Islands (Mrs. time history. pended and the Senate bill, as amend- CHRISTENSEN) each will control 20 min- In addition, I am proud that my ed, was passed. utes. State contains many major maritime A motion to reconsider was laid on The Chair recognizes the gentle- museums and a dozen historic ships, in- the table. woman from Virginia. cluding a replica of a wooden schooner

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.156 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8856 CONGRESSIONAL RECORD — HOUSE December 6, 2006 in Traverse City, which served as the the gentlewoman from Virginia (Mrs. King (IA) Myrick Schwarz (MI) King (NY) Neugebauer Sekula Gibbs city’s first schoolhouse. DRAKE) that the House suspend the Kingston Northup Sensenbrenner The Michigan Lighthouse and Mari- rules and pass the Senate bill, S. 1346. Kline Nunes Sessions time Heritage Act authorizes a study The question was taken; and (two- Knollenberg Oberstar Shadegg that directs the U.S. Department of the thirds of those voting having responded Kuhl (NY) Ortiz Shaw LaHood Osborne Interior on the protection and pro- in the affirmative) the rules were sus- Sherwood Langevin Pearce Shimkus motion of Michigan’s maritime re- Latham Pence pended and the Senate bill was passed. Shuster LaTourette Peterson (MN) sources. Specifically, it requires the A motion to reconsider was laid on Simpson Department to determine how best to Leach Peterson (PA) the table. Lewis (CA) Petri Skelton preserve these sites and recommend Smith (NJ) f Lewis (KY) Pickering ways the public may better experience Linder Pitts Smith (TX) them. This effort will undoubtedly ben- Lipinski Platts Snyder ANNOUNCEMENT BY THE SPEAKER LoBiondo Poe Sodrel efit Michigan’s tourism industry and PRO TEMPORE Lucas Pombo Souder the State’s residents, who hold mari- Lungren, Daniel Pomeroy Stearns time resources in high regard as sym- The SPEAKER pro tempore. Pursu- E. Porter Stupak bols of their cultural past. ant to clause 8 of rule XX, proceedings Mack Price (GA) Sullivan Manzullo Pryce (OH) I thank my colleagues who have will resume on motions to suspend the Sweeney rules previously postponed. Marchant Putnam Tancredo helped move this legislation forward, Marshall Radanovich Tanner including Mr. PEARCE, chairman of the Votes will be taken in the following Matheson Rahall Taylor (MS) Resources Subcommittee on National order: McCaul (TX) Ramstad Terry H.R. 6099, by the yeas and nays; McCotter Regula Thornberry Parks, and Senator STABENOW, the McCrery Rehberg H. Res. 1082, by the yeas and nays. Tiahrt sponsor of the bill in the Senate. McHenry Reichert Tiberi Mrs. MILLER of Michigan. Mr. Speaker, I The first electronic vote will be con- McHugh Renzi Turner McIntyre Reyes ducted as a 15-minute vote. The second Upton rise today in strong support of S. 1346, the McKeon Reynolds Walden (OR) Michigan Lighthouse and Maritime Heritage electronic vote will be a 5-minute vote. McMorris Rogers (AL) Walsh Act. I am a proud cosponsor of a similar bill f Rodgers Rogers (KY) McNulty Rogers (MI) Wamp AMP introduced by my colleague Mr. C , H.R. Melancon Rohrabacher Weldon (FL) 3532, and I’m glad we are taking a step today UNBORN CHILD PAIN AWARENESS Mica Ros-Lehtinen Weller towards preserving the great State of Michi- ACT OF 2006 Michaud Ross Westmoreland Whitfield gan’s maritime heritage. Miller (FL) Royce The SPEAKER pro tempore. The Miller (MI) Ryan (OH) Wicker Mr. Speaker, Michigan truly is the Great pending business is the question of sus- Miller, Gary Ryan (WI) Wilson (NM) Lakes State, touched by 4 of the 5 Great pending the rules and passing the bill, Mollohan Ryun (KS) Wilson (SC) Lakes. Helping protect ships on the Great H.R. 6099. Moran (KS) Salazar Wolf Lakes and the sailors who crew them are the Murphy Saxton Young (AK) The Clerk read the title of the bill. Musgrave Schmidt Young (FL) hundreds of lighthouses that dot the Lakes. The SPEAKER pro tempore. The NAYS—162 The State of Michigan alone has 124 light- question is on the motion offered by houses, the most of any State in the union, the gentleman from Georgia (Mr. Abercrombie Frank (MA) Moore (KS) and I am proud to have 8 of these lighthouses Ackerman Gonzalez Moore (WI) DEAL) that the House suspend the rules Allen Green, Al Moran (VA) in my district, including the oldest lighthouse in and pass the bill, H.R. 6099, on which Andrews Green, Gene Nadler Michigan, located in Fort Gratiot on the shores the yeas and nays are ordered. Baca Grijalva Napolitano of Lake Huron. Built in 1829, this lighthouse is Baird Gutierrez Neal (MA) The vote was taken by electronic de- Baldwin Harman Olver still in use, along with the South Channel vice, and there were—yeas 250, nays Bass Hastings (FL) Owens Light, Pointe Aux Barques Light, and the Har- 162, not voting 20, as follows: Bean Herseth Pallone Berkley Higgins Pascrell bor Beach Light, that were all in service before [Roll No. 526] Abraham Lincoln was President. Berman Hinchey Pastor YEAS—250 Biggert Holt Payne In addition to having the most lighthouses of Blumenauer Honda Pelosi Aderholt Chandler Gillmor any other State, Mr. Speaker, Michigan was Bono Hooley Price (NC) Akin Chocola Gingrey Boswell Hoyer Rangel the first State to initiate a transfer of authority Alexander Cleaver Gohmert Boucher Inslee Rothman Bachus Coble Goode for lighthouses from the Federal Government Boyd Israel Roybal-Allard Baker Cole (OK) Goodlatte to nonprofit groups. The State of Michigan ac- Brady (PA) Jackson (IL) Ruppersberger Barrett (SC) Conaway Gordon Brown, Corrine Jackson-Lee Rush cepted responsibility for lighthouses the Coast Barrow Costello Granger Butterfield (TX) Sabo Guard previously had jurisdiction over, and Bartlett (MD) Cramer Graves Capps Johnson (CT) Sa´ nchez, Linda Barton (TX) Crenshaw Green (WI) then transferred authority to nonprofit groups Capuano Johnson, E. B. T. Beauprez Cuellar Gutknecht such as Save our South Channel Lights, Cardin Jones (OH) Sanchez, Loretta Berry Culberson Hall Cardoza Kennedy (RI) Sanders which I am proud to have located in my dis- Bilbray Davis (KY) Harris Carnahan Kilpatrick (MI) Schakowsky Bilirakis Davis (TN) Hart trict. Through this process, the people of Carson Kind Schiff Bishop (GA) Davis, Jo Ann Hastings (WA) Michigan have been able to preserve these Case Kirk Schwartz (PA) Bishop (UT) Davis, Tom Hayes Clay Kolbe Scott (GA) living landmarks and symbols of our nautical Blackburn Deal (GA) Hayworth Clyburn Kucinich Scott (VA) heritage. Blunt Dent Hefley Conyers Lantos Serrano Boehlert Diaz-Balart, L. Hensarling Moreover, Mr. Speaker, as Secretary of Cooper Larsen (WA) Shays Boehner Diaz-Balart, M. Herger State in Michigan, I unveiled a ‘‘Save our Costa Larson (CT) Sherman Bonilla Doolittle Hinojosa Crowley Lee Simmons Lights’’ license plate in 2001, which directed Bonner Doyle Hobson Cummings Levin Sires funds to the Michigan Lighthouse Assistance Boozman Drake Hoekstra Davis (AL) Lewis (GA) Slaughter Boren Dreier Holden Program, which remains dedicated to pre- Davis (CA) Lofgren, Zoe Smith (WA) Boustany Duncan Hostettler serving the 124 lighthouses dotting the Michi- Davis (FL) Lowey Solis Bradley (NH) Ehlers Hulshof Davis (IL) Lynch Spratt gan shoreline and islands. To date, the pro- Brady (TX) Emerson Hunter DeFazio Maloney Stark Brown (SC) English (PA) Hyde gram has raised over $900,000 through the DeGette Markey Tauscher Brown-Waite, Everett Inglis (SC) sale of license plates. With this in mind, it’s Delahunt Matsui Thomas Ginny Feeney Issa DeLauro McCarthy Thompson (CA) only fitting that the Federal Government be- Burgess Ferguson Istook Dicks McCollum (MN) Thompson (MS) gins to take a look at helping to preserve Burton (IN) Fitzpatrick (PA) Jenkins Dingell McDermott Tierney Buyer Flake Jindal these treasures, and help the public learn Doggett McGovern Towns Calvert Forbes Johnson (IL) more about them for their own personal enjoy- Edwards McKinney Udall (CO) Camp (MI) Fortenberry Johnson, Sam Emanuel Meehan Udall (NM) ment. Campbell (CA) Fossella Jones (NC) Engel Meek (FL) Van Hollen Mrs. DRAKE. Mr. Speaker, I have no Cannon Foxx Kanjorski Eshoo Meeks (NY) Vela´ zquez Cantor Franks (AZ) Kaptur additional speakers, and I yield back Etheridge Millender- Visclosky Capito Frelinghuysen Keller the balance of my time. Farr McDonald Wasserman Carter Gallegly Kelly Fattah Miller (NC) Schultz The SPEAKER pro tempore. The Castle Garrett (NJ) Kennedy (MN) Filner Miller, George Waters question is on the motion offered by Chabot Gerlach Kildee

VerDate Aug 31 2005 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.159 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8857 Watt Wexler Wynn [Roll No. 527] Rogers (MI) Sherman Thornberry Waxman Woolsey Rohrabacher Sherwood Tiahrt Weiner Wu YEAS—368 Ros-Lehtinen Shimkus Tiberi Ross Shuster Ackerman Doolittle Lantos Tierney NOT VOTING—20 Rothman Simmons Aderholt Doyle Larsen (WA) Turner Roybal-Allard Simpson Becerra Gilchrest Oxley Akin Drake Larson (CT) Udall (CO) Royce Sires Bishop (NY) Jefferson Paul Alexander Dreier Latham Upton Brown (OH) Murtha Ruppersberger Skelton Strickland Allen Duncan LaTourette Van Hollen Cubin Norwood Ryan (OH) Slaughter Taylor (NC) Andrews Edwards Leach Visclosky Evans Nussle Watson Ryan (WI) Smith (NJ) Walden (OR) Baca Ehlers Levin Ryun (KS) Smith (TX) Ford Obey Weldon (PA) Walsh Bachus Emanuel Lewis (CA) Sabo Smith (WA) Gibbons Otter Wamp Baird Emerson Lewis (KY) Salazar Snyder Wasserman Baker Engel Linder Sa´ nchez, Linda Sodrel Schultz b 1849 Baldwin English (PA) Lipinski T. Solis Barrett (SC) Eshoo LoBiondo Waxman Mr. BLUMENAUER changed his vote Sanchez, Loretta Souder Barrow Etheridge Lofgren, Zoe Sanders Spratt Weldon (FL) from ‘‘yea’’ to ‘‘nay.’’ Bartlett (MD) Everett Lowey Saxton Stearns Weller So (two-thirds of those voting having Barton (TX) Fattah Lucas Schiff Stupak Westmoreland not responded in the affirmative) the Bass Feeney Lungren, Daniel Schmidt Sullivan Wexler Bean Ferguson E. Schwartz (PA) Sweeney Whitfield motion was rejected. Beauprez Filner Lynch Schwarz (MI) Tancredo Wicker The result of the vote was announced Berkley Fitzpatrick (PA) Mack Scott (GA) Tanner Wilson (NM) as above recorded. Berry Flake Maloney Sekula Gibbs Tauscher Wilson (SC) Biggert Forbes Manzullo Sensenbrenner Taylor (MS) Wolf Bilbray Fortenberry Marchant Sessions Terry Wu f Bilirakis Fossella Markey Shadegg Thomas Wynn Bishop (GA) Foxx Marshall Shaw Thompson (CA) Young (AK) Bishop (UT) Frank (MA) Matheson Shays Thompson (MS) Young (FL) SCHEDULE UPDATE Blackburn Franks (AZ) Matsui (Mr. BOEHNER asked and was given Blumenauer Frelinghuysen McCarthy NAYS—31 Blunt Gallegly McCaul (TX) permission to address the House for 1 Boehlert Garrett (NJ) McCollum (MN) Abercrombie Kilpatrick (MI) Scott (VA) minute.) Boehner Gerlach McCotter Clay Lee Serrano Mr. BOEHNER. Mr. Speaker, and my Bonilla Gillmor McCrery Cleaver McKinney Stark Conyers Meeks (NY) colleagues, I want to give everyone an Bonner Gingrey McDermott Towns Bono Gohmert McGovern Cooper Nadler Udall (NM) update on the schedule for the balance Boozman Gonzalez McHenry Davis (IL) Oberstar Vela´ zquez of the week. We were attempting to Boren Goode McHugh Grijalva Owens Waters Boswell Goodlatte McIntyre Hinchey Pastor Weiner finish our business by late tomorrow. Honda Payne Boucher Gordon McMorris Woolsey That does not look possible to me at Boustany Granger Rodgers Jackson (IL) Rangel this point. And in order to give every- Boyd Graves McNulty Johnson, E. B. Rush Bradley (NH) Green (WI) Meehan one as straight a heads-up as possible, ANSWERED ‘‘PRESENT’’—8 I do expect that we will be finished by Brady (PA) Green, Gene Meek (FL) Brady (TX) Gutknecht Melancon Farr Jackson-Lee Miller, George the end of business on Friday. And so I Brown (SC) Hall Mica Green, Al (TX) Schakowsky would suggest to Members that some- Brown, Corrine Harman Michaud Gutierrez Lewis (GA) Watt time Friday we will be finished. It is Brown-Waite, Harris Millender- Ginny Hart McDonald NOT VOTING—25 only Wednesday, so I can’t tell you Burgess Hastings (FL) Miller (FL) Becerra Gibbons Otter what time Friday, so don’t ask. But for Burton (IN) Hastings (WA) Miller (MI) Berman Gilchrest Oxley Butterfield Hayes Miller (NC) those of you that have big plane res- Bishop (NY) Jefferson Paul Buyer Hayworth Miller, Gary ervations, if you want to make reserva- Brown (OH) Johnson (CT) Calvert Hefley Mollohan Strickland Camp (MI) McKeon tions for Saturday morning, I think Campbell (CA) Hensarling Moore (KS) Taylor (NC) Case Murtha Cannon Herger Moore (WI) Watson that you will be relatively safe. Cubin Norwood Cantor Herseth Moran (KS) Weldon (PA) Evans Nussle Capito Higgins Moran (VA) f Ford Obey Capps Hinojosa Murphy Capuano Hobson Musgrave ANNOUNCEMENT BY THE SPEAKER Cardin Hoekstra Myrick b 1902 PRO TEMPORE Cardoza Holden Napolitano Carnahan Holt Neal (MA) Mr. RANGEL changed his vote from The SPEAKER pro tempore. Without Carson Hooley Neugebauer ‘‘yea’’ to ‘‘nay.’’ objection, 5-minute voting will con- Carter Hostettler Northup tinue. Castle Hoyer Nunes Mr. EMANUEL changed his vote Chabot Hulshof Olver from ‘‘nay’’ to ‘‘yea.’’ There was no objection. Chandler Hunter Ortiz Chocola Hyde Osborne So (two-thirds of those voting having f Clyburn Inglis (SC) Pallone responded in the affirmative) the rules Coble Inslee Pascrell were suspended and the resolution was Cole (OK) Israel Pearce CONDEMNING ST. DENIS, FRANCE, Conaway Issa Pelosi agreed to. FOR NAMING STREET IN HONOR Costa Istook Pence The result of the vote was announced OF MUMIA ABU-JAMAL Costello Jenkins Peterson (MN) Cramer Jindal Peterson (PA) as above recorded. The SPEAKER pro tempore. The Crenshaw Johnson (IL) Petri A motion to reconsider was laid on pending business is the question of sus- Crowley Johnson, Sam Pickering the table. Cuellar Jones (NC) Pitts pending the rules and agreeing to the Culberson Jones (OH) Platts resolution, H. Res. 1082. Cummings Kanjorski Poe f The Clerk read the title of the resolu- Davis (AL) Kaptur Pombo Davis (CA) Keller Pomeroy tion. Davis (FL) Kelly Porter ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. The Davis (KY) Kennedy (MN) Price (GA) PRO TEMPORE question is on the motion offered by Davis (TN) Kennedy (RI) Price (NC) the gentleman from Wisconsin (Mr. Davis, Jo Ann Kildee Pryce (OH) The SPEAKER pro tempore. Pursu- Davis, Tom Kind Putnam ant to clause 8 of rule XX, the Chair SENSENBRENNER) that the House sus- Deal (GA) King (IA) Radanovich pend the rules and agree to the resolu- DeFazio King (NY) Rahall will postpone further proceedings tion, H. Res. 1082, on which the yeas DeGette Kingston Ramstad today on motions to suspend the rules Delahunt Kirk Regula on which a recorded vote or the yeas and nays are ordered. DeLauro Kline Rehberg This will be a 5-minute vote. Dent Knollenberg Reichert and nays are ordered, or on which the The vote was taken by electronic de- Diaz-Balart, L. Kolbe Renzi vote is objected to under clause 6 of vice, and there were—yeas 368, nays 31, Diaz-Balart, M. Kucinich Reyes rule XX. Dicks Kuhl (NY) Reynolds answered ‘‘present’’ 8, not voting 25, as Dingell LaHood Rogers (AL) Record votes on postponed questions follows: Doggett Langevin Rogers (KY) will be taken tomorrow.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.111 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8858 CONGRESSIONAL RECORD — HOUSE December 6, 2006 EXPRESSING SUPPORT FOR (IV) dismantle parallel governance struc- pali Congress Party at the helm of a DEMOCRACY IN NEPAL tures that emerged during the conflict. national unity government. Mr. LEACH. Mr. Speaker, I move to The SPEAKER pro tempore. Pursu- The King’s seizure of civilian author- suspend the rules and agree to the reso- ant to the rule, the gentleman from ity and disdain for the political parties lution (H. Res. 1051) expressing support Iowa (Mr. LEACH) and the gentleman led them to seek a rapprochement with for democracy in Nepal that will re- from California (Mr. LANTOS) each will Nepal’s Maoist insurgents, based on quire the full participation of the peo- control 20 minutes. their mutual rejection of the King’s ple of Nepal in the political process to The Chair recognizes the gentleman royal coup. This rapprochement led to hold elections for a constituent assem- from Iowa. a formalized 12-point understanding be- bly and draft a new constitution and GENERAL LEAVE tween the parties and the Maoists, the calling upon the Communist Party of Mr. LEACH. Mr. Speaker, I ask unan- key element of which is a commitment Nepal-Maoist to adhere to commit- imous consent that all Members may by the parties, now the government, to ments it has made and to respect have 5 legislative days within which to support elections to a constituent as- human rights, as amended. revise and extend their remarks and in- sembly charged with drafting a new The Clerk read as follows: clude extraneous matter on this resolu- constitution, a long-standing Maoist H. RES. 1051 tion. demand in exchange for Maoist com- Whereas the United States and Nepal have The SPEAKER pro tempore. Is there mitment to support multiparty democ- longstanding ties of friendship and good rela- objection to the request of the gen- racy. tions, and since contributing as Nepal’s first tleman from Iowa? Under the comprehensive agreement bilateral aid donor in January 1951, the There was no objection. reached this November, the Maoist United States has contributed more than Mr. LEACH. Mr. Speaker, I yield my- rebels will join a transitional govern- $1,400,000,000 bilaterally and multilaterally self such time as I may consume. ment, while their weapons are to be to Nepal; Mr. Speaker, I rise in strong support put under U.N. supervision. The new Whereas it is the policy of the United of this timely resolution, which takes agreement also establishes an ambi- States to support sustained peace and de- note of the recent comprehensive peace mocracy in Nepal in order to achieve impor- tious timetable for democratic reform tant United States regional and bilateral agreement between the government of with the objective of holding elections goals, including preventing the spread of ter- Nepal and the Maoist insurgents and monitored by the U.N. to the con- ror, enhancing regional stability, promoting expresses the hope that this process stituent assembly by mid-June, 2007. democracy worldwide, and protecting United will place Nepal on the path of lasting The Government of the United States States citizens in Nepal; peace and democracy. has welcomed the announcement of Whereas the conflict in Nepal has claimed In particular, I want to thank the this agreement. The administration approximately 13,000 lives since 1996, and the gentleman from California (Mr. LAN- and Congress hope this step will place insurgency continues to undermine political TOS) for his thoughtful assistance in stability and the prospects for economic de- Nepal on a path to lasting peace and velopment in the country; this resolution and to commend my democracy. All of us hope that the Whereas after three weeks of mass pro-de- good friend, the gentleman from New Maoist commitment to peace and mocracy protests organized by the Seven- York (Mr. WALSH), for his leadership on multiparty democracy is genuine, and Party Alliance and the Communist Party of the resolution and his long-standing in- that they have irrevocably abandoned Nepal-Maoist, King Gyanendra reinstated terest in the welfare of the people of their stated goal of establishing a one- the parliament, which reconvened on April Nepal. party authoritarian state. 28, 2006; and As my colleagues know, sandwiched While it is always prudent to judge Whereas the United States supports the between China and India and home to Government of Nepal’s efforts to bring per- those who take law into their hands by manent peace and democracy to Nepal: Now, the soaring Himalayan Mountains, their actions, not their words, the Con- therefore, be it Nepal has long been known as one of gress is committed to giving reconcili- Resolved, That— the most beautiful countries on the ation approaches as a fair and reason- (1) the House of Representatives— planet. A constitutional monarchy able chance. America fully supports (A) reiterates its support for democracy in since 1990, Nepal has long enjoyed good any peace process that safeguards the Nepal; relations with the United States at the aspirations of the Nepali people. (B) recognizes that the full participation of governmental level, nurtured in part As the resolution suggests, this the people of Nepal will be required in the by the many Peace Corps volunteers, political process to— means that violence and intimidation (i) hold elections for a constituent assem- such as Mr. WALSH, who have so ably and criminal acts, such as forced re- bly; and served in the world’s only Hindu king- cruitment of cadre and extortion, (ii) draft a new constitution; and dom. should cease forthwith. Nepali people (C) welcomes agreements between the Gov- Tragically, however, each year since who have lived in fear and insecurity ernment of Nepal and the Communist Party the onset of a ruthless Maoist rebellion for over a decade deserve not only a of Nepal-Maoist that commit both sides to a in 1966 has seen this country of 24 mil- chance for peace and prosperity, but to free, fair, multi-party, democratic political lion ever more starkly challenged, not choose their own form of government process; and only by the insurgents, but by a pan- (2) it is the sense of the House of Rep- through free and fair elections. resentatives that— oply of developmental, governance and America is committed to helping the (A) the Government of Nepal should— human rights problems that have con- Nepali people build a peaceful, pros- (i) continue its role in developing a new de- verged to potentially jeopardize the vi- perous and democratic future. I urge mocracy; ability of the state itself. support for this resolution. (ii) hold free and fair elections for a con- Most recently, popular anger at King Mr. Speaker, I reserve the balance of stituent assembly; Gyanendra’s autocratic actions since my time. (iii) immediately take steps to restore law early 2005 boiled over in April of this Mr. LANTOS. Mr. Speaker, I rise in and order and government presence and serv- year, resulting in massive demonstra- strong support of this resolution and ice delivery throughout the country; and (iv) implement the will of the people of tions across the country, and public urge all of my colleagues to do so as Nepal; and support for a nationwide general strike well. (B) the Maoists must— called by Nepal’s seven major political I would first like to commend my (i) lay down their weapons and perma- parties. Despite harsh reprisals by the friend and colleague from New York nently and publicly give up violence and insecurity forces, the resolve of the de- (Mr. WALSH) for introducing this meas- timidation for political ends, both in word mocracy movement ultimately forced ure and for his long-standing interest and deed; and the King to restore sovereignty to the in Nepal since his days as a Peace (ii) strictly honor and implement their people of Nepal. Corps volunteer in that troubled na- commitments to the Government and people On April 24, the King bowed to public of Nepal, including to— tion. (I) respect human rights; pressure and announced the reinstate- Over the past decade, more than (II) uphold civil liberties, including free- ment of Parliament. On April 28, Par- 13,000 citizens of Nepal have lost their dom of speech, association, and the press; liament convened for the first time lives in a brutal civil war. More than (III) submit to the rule of law; and since 2002 with G.P. Koirala of the Ne- 200,000 have been displaced. Hopes for

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.164 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8859 peace have been repeatedly dashed, and major donor of foreign assistance to Koirala on behalf of the Nepal Govern- the poor and impoverished people of the Nepalese people and we have made ment and Maoist Chairman Prachanda Nepal have paid the price. With one of enormous diplomatic efforts to pro- on behalf of his party. This ten-point the lowest per capita GDPs in the en- mote peace and stability in Nepal. In agreement came after a number of ear- tire world, the inability of the Maoists the months ahead, the United States lier understandings and agreements be- and the Nepalese government to nego- and the United Nations must keep up tween the Seven Party Alliance and tiate a comprehensive peace agreement the pressure on all parties in Nepal to the Maoists. has been truly unconscionable. live up to the terms of the peace deal. The agreement states that ‘‘After the In their bloody insurgent campaign, Any sign that the rebels or the govern- Nepali Army is confined to barracks the Maoist guerillas have dragged chil- ment are returning to the violent and and the Maoist combatants to canton- dren from their villages to serve as corrupt ways of the past must be met ments, possession and exhibition of child soldiers. They have assassinated head on by the international commu- arms, intimidation, and use of violence local officials who dare to challenge nity. and weapons in any form shall be pun- their authority and Nepalese soldiers With the right amount of inter- ishable by law.’’ trying to keep the peace, and they have national pressure, it is our strong be- The agreement bars the government repeatedly harassed poor villagers who lief that the peace agreement between and the Maoists from recruiting sol- simply wish to stay out of the civil the Nepalese Government and the diers, smuggling or transporting weap- war. rebels will bear fruit. Finally, the im- ons and explosives, carrying out vio- The Nepalese Government has not poverished people of Nepal will get the lent activities against each other, in- been without blame. The government form of democracy, human rights and timidating any person and destroying has been hopelessly deadlocked by po- good governance that they so richly de- private property or public property. litical divisions between the parties serve. I strongly support this resolu- The agreement states no one is allowed and between Nepal’s elected political tion. to move about or participate in mass leadership and the Nepalese King. The Mr. Speaker, I reserve the balance of meetings and rallies with any type of Nepalese Army has also been respon- my time. arms. Mr. LEACH. Mr. Speaker, I yield my- sible for severe human rights abuses in The popular uprising for peace and self such time as I may consume. democracy in April was historic. The its efforts to defeat the Maoists. Mr. Speaker, as we all understand, will of the people of Nepal is what With this history in mind, the news this body is composed of 435 Members, made the agreements of recent weeks from Kathmandu last month that the and one of the unique features of mem- between the government and the Nepalese Government and the Maoists bership is everyone brings a different Maoists possible, and I am hopeful that had finally signed a peace agreement is background. It has been my experience those agreements will move Nepal fur- most welcome. On its face the peace here that the Members that have some ther along the path to lasting peace agreement holds great promise to bring of the most helpful backgrounds pos- and democracy. peace to Nepal at long last, as well as sible are those that have served in the The progress to date is commendable the restoration of democracy. United States Peace Corps, and this ap- and there is cause for optimism, but The guerillas will be forced to put plies both to knowledge of the area of there is much work to be done. Agree- their personnel and weapons in U.N.- the world that they may have served, ments are worth little if they go monitored cantonments, and the Nepa- but also just in general. Every Peace unimplemented, and the Maoists in lese Army will put a similar number of Corps volunteer that I have known that particular continue to engage in behav- soldiers back in their barracks. Elec- has served in this body has been of ex- ior that calls into question their com- tions for a constituent assembly will be emplary character and compassion. held next year, and the guerillas will Symbolic of it all is the gentleman mitment to non-violence and come into the government in the in- from New York, Mr. WALSH, one of our multiparty democracy. terim. most decent, thoughtful Members, who As Richard Boucher, the Assistant The leadership of the rebels has pub- served in Nepal, whose leadership on Secretary of State for South and Cen- licly renounced violence as a means to this issue and whose introduction of tral Asian Affairs, said during his re- win political power in Nepal, and the this bill is so much appreciated by this cent visit to Nepal, ‘‘You don’t walk Nepalese Government seems prepared body. into Parliament with a gun in your to deal with some of the concerns Mr. Speaker, I yield such time as he pocket.’’ I again call upon the Maoists raised by them. may consume to my good friend, the and their Chairman Prachanda to permanently end violence, to submit to b 1915 gentleman from New York, JIM WALSH. Mr. WALSH. Mr. Speaker, I would the rule of law and to compete on an While the peace agreement is a very like to thank Chairman HYDE, Chair- even playing field with Nepal’s polit- positive step forward, cautious opti- man LEACH and Ranking Member LAN- ical parties for a contest of ideas to mism must remain the watchword for TOS for their great service to this coun- seek the votes of the Nepalese people American policy towards Nepal. I am try while serving on the International in free and fair elections. not convinced that the rebels have Relations Committee. They bring great There is no place in a democracy for truly renounced violence or have given honor to this House in their knowledge private armies. The parties of Nepal up on establishing an authoritarian and the thoughtful approach they bring have requested U.N. assistance in mon- Maoist society. I am very concerned to our foreign policy, and I am very itoring adherence to the peace agree- that the peace deal lets the Maoists grateful to them for allowing this reso- ments, particularly the restriction of into the government before the Con- lution to come before the House this arms and armies. I welcome that re- stituent Assembly elections next year, evening. Let me thank also the entire quest and the U.N.’s involvement, and I potentially giving them the ability to International Relations Committee and strongly support a robust U.N. moni- influence the election results in a non- staff for all the hard work and effort in toring mission in Nepal for the upcom- democratic direction. getting this important resolution to ing elections. I am also concerned that Nepal’s vi- the floor. I am pleased and encouraged by these brant political parties have not put It is such a critical time for this developments. The Nepalese people aside their deep divisions, nor are they beautiful little country in Asia, Nepal. have spoken and expressed their will to prepared to move toward strong and ef- The timing of this resolution could not have their voices heard. It is time for fective governments. The elected lead- be more appropriate. The Government the political leaders to acknowledge ers of Nepal must focus on encouraging of Nepal and the Communist Party of their wishes and fully carry them out. foreign investment, creating jobs and Nepal just signed a comprehensive Mr. Speaker, again it gives me great promoting education, not jockeying for peace agreement on November 21, pleasure to stand before you today to the next government appointment. bringing an end to the 11-year people’s give praise to this historic comprehen- Mr. Speaker, the United States has war which has claimed over 13,000 lives. sive peace agreement as the framework been a strong friend of Nepal over The 11-page historic document was for peace in Nepal and recognize the re- many decades. Our Nation has been a signed by Prime Minister Girija Prasad markable progress that has been

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.165 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8860 CONGRESSIONAL RECORD — HOUSE December 6, 2006 achieved by all. Nepal can hopefully Mr. LANTOS. Mr. Speaker, I yield A motion to reconsider was laid on now travel down the path of peace, sta- myself such time as I may consume. the table. bility and prosperity. Mr. Speaker, I have no further speak- f I commend the efforts of the leaders ers, but I wish to take a bit of time to of that nation who focused on the express my own deep admiration for REPORT ON RESOLUTION WAIVING greater good of the people of Nepal, and my dear friend from Iowa, whose bril- REQUIREMENT OF CLAUSE 6(a) I urge them to continue to move for- liance and decency and commitment OF RULE XIII WITH RESPECT TO ward. we shall miss more than any of us can CONSIDERATION OF CERTAIN Mr. LANTOS. Mr. Speaker, I am express. RESOLUTIONS AND PROVIDING pleased to yield such time as he may During an extraordinarily distin- FOR CONSIDERATION OF MO- consume to my good friend the gen- guished, rich, impressive service, Con- TIONS TO SUSPEND THE RULES tleman from Oregon (Mr. gressman LEACH has brought to this Mrs. CAPITO, from the Committee BLUMENAUER), a distinguished member body intellectual equipment, integrity, on Rules, submitted a privileged report of the International Relations Com- a passionate commitment to the Con- (Rept. No. 109–720) on the resolution (H. mittee. gress, and he will be sorely and deeply Res. 1096) waiving a requirement of Mr. BLUMENAUER. Mr. Speaker, I missed by all of us on both sides of the clause 6(a) of rule XIII with respect to appreciate the gentleman’s courtesy in aisle. consideration of certain resolutions re- permitting me to speak on this and his On behalf of all of my colleagues on ported from the Committee on Rules leadership in bringing it forward with the Democratic side, I want to express and providing for consideration of mo- my friend and colleague, the chairman our admiration, our respect and our tions to suspend the rules, and for of our subcommittee. friendship for him, and wish him the other purposes, which was referred to Mr. Speaker, oftentimes there is so very best in what I am sure will be ex- the House Calendar and ordered to be much work that transpires in the citing future endeavors. printed. course of the International Relations Mr. Speaker, I yield back the balance Committee dealing with things that of my time. f are too far removed from the world’s Mr. LEACH. Mr. Speaker, I thank DEMOCRATIC REPUBLIC OF THE viewpoint at any given time. very much my distinguished friend, CONGO RELIEF, SECURITY, AND Mr. Speaker, I appreciate my col- and I wish him every great success as DEMOCRACY PROMOTION ACT OF league from New York introducing this he takes on the leadership of this com- 2006 legislation. He brings to this debate mittee in this coming Congress. We all Mr. SMITH of New Jersey. Mr. the experience of somebody who not have a vested interest in the Congress Speaker, I move to suspend the rules only was a Peace Corps volunteer years doing well and the country moving for- and pass the Senate Bill (S. 2125) to ago, but continues his interest and con- ward. promote relief, security, and democ- Mr. MILLER of Florida. Mr. Speaker, I rise cern, although not a member of the racy in the Democratic Republic of the in support of Nepalese democracy. I would committee, somebody who has repeat- Congo, as amended. edly brought his attention and exper- like to commend my colleague from New York, The Clerk read as follows: tise and interest. And that is what I Mr. WALSH, for introducing this important bill S. 2125 think is the strength of what we can do and appreciate the opportunity to speak in in this Chamber: having the strength support of it today. Be it enacted by the Senate and House of Rep- The Nepalese people, like all people, de- resentatives of the United States of America in that comes from people who have the Congress assembled, experience, the concern, use this plat- serve to live in a country free from conflict and to be represented by democratically elected SECTION 1. SHORT TITLE. form to be able to focus the attention This Act may be cited as the ‘‘Democratic in this country and around the world officials. These elected leaders need to create Republic of the Congo Relief, Security, and on these things that seemingly are a professional, non-political military force that Democracy Promotion Act of 2006’’. minor on the world stage. But given can adequately deal with the Maoist rebels TITLE I—BILATERAL ACTION ON AD- the devastation that has been incurred who have been destabilizing the country for so DRESSING URGENT NEEDS IN THE on this small country, the loss of life, long. Currently as a result of the Maoist rule, DEMOCRATIC REPUBLIC OF THE CONGO the upset, the loss of progress, being nearly one third of the Nepalese people live SEC. 101. FINDINGS. able to look at an opportunity like below the poverty line; if the government of Congress makes the following findings: this, it is not just for Nepal, but it Nepal doesn’t live up to its moral obligation to (1) The National Security Strategy of the seems to me it is a demonstration of effectively govern many more will fall into des- United States, dated September 17, 2002, con- taking some of these intractable issues titution. cludes that ‘‘[i]n Africa, promise and oppor- around the world and indicate that To those citizens who are fighting for de- tunity sit side-by-side with disease, war, and there are opportunities for hope. mocracy through non-violent methods, by desperate poverty. This threatens both a core value of the United States preserving I just appreciate Congressman WALSH standing up grass-roots organizations and bringing this forward. I know he has human dignity and our strategic priority educating people on the benefits of a free so- combating global terror. American interests had some other experience in the past ciety, I say keep up the good work. Continue and American principles, therefore, lead in looking at other modest conundrums, working to ensure freedom of the press and the same direction: we will work with others like in Northern Ireland, where his fol- that the rights of all citizens are respected and for an African continent that lives in liberty, low-through and his commitment not abused. peace, and growing prosperity.’’ makes a difference, and it is part of the Mr. Speaker, I look forward to working in the (2) On February 16, 2005, the Director of the richness of the experience here in for- future with Mr. WALSH and the other cospon- Central Intelligence Agency testified, ‘‘In eign affairs. sors of this bill to ensure that Congress fo- Africa, chronic instability will continue to I hope that this is something as we cuses on democratic progress throughout the hamper counterterrorism efforts and pose move forward to a new session, that we heavy humanitarian and peacekeeping bur- world. dens.’’ will be able to keep the focus, the di- Mr. LEACH. Mr. Speaker, I have no (3) According to the United States Agency rection and the attention, because further requests for time, and yield for International Development, ‘‘Given its coming out of what we see in Iraq, we back the balance of my time. size, population, and resources, the Congo is are going to need more than ever op- The SPEAKER pro tempore (Mr. an important player in Africa and of long- portunities to find areas of agreement WAMP). The question is on the motion term interest to the United States.’’ and to reinforce the positive aspects of offered by the gentleman from Iowa (4) The Democratic Republic of the Congo diplomacy. (Mr. LEACH) that the House suspend the is 2,345,410 square miles (approximately 1⁄4 I appreciate again the opportunity to rules and agree to the resolution, H. the size of the United States), lies at the speak in support of this and strongly Res. 1051, as amended. heart of Africa, and touches every major re- urge my colleagues to not just support The question was taken; and (two- gion of sub-Saharan Africa. Therefore, a secure, peaceful, and prosperous Democratic this, but this is something where peo- thirds of those voting having responded Republic of the Congo would have a profound ple think about ways that they can in the affirmative) the rules were sus- impact on progress throughout Africa. help spread this word for this impor- pended and the resolution, as amended, (5) The most recent war in the Democratic tant work. was agreed to. Republic of the Congo, which erupted in 1998,

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.166 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8861 spawned some of the world’s worst human (5) to support security sector reform by as- (C) assess the magnitude of the problem of rights atrocities and drew in six neighboring sisting the Government of the Democratic orphans from conflict and HIV/AIDS in the countries. Republic of the Congo to establish a viable Democratic Republic of the Congo, and work (6) Despite the conclusion of a peace agree- and professional national army and police to establish a program of national support; ment and subsequent withdrawal of foreign force that respects human rights and the (14) to engage with governments working forces in 2003, both the real and perceived rule of law, is under effective civilian con- to promote peace and security throughout presence of armed groups hostile to the Gov- trol, and possesses a viable presence the Democratic Republic of the Congo and ernments of Uganda, Rwanda, and Burundi throughout the entire country, provided the hold accountable individuals, entities, and continue to serve as a major source of re- Democratic Republic of the Congo meets all countries working to destabilize the country; gional instability and an apparent pretext requirements for United States military as- and for continued interference in the Democratic sistance under existing law; (15) to promote appropriate use of the for- Republic of the Congo by its neighbors. (6) to help expedite planning and imple- ests of the Democratic Republic of the Congo (7) A mortality study completed in Decem- mentation of programs associated with the in a manner that benefits the rural popu- ber 2004 by the International Rescue Com- disarmament, demobilization, repatriation, lation in that country that depends on the mittee found that 31,000 people were dying reintegration, and rehabilitation process in forests for their livelihoods and protects na- monthly and 3,800,000 people had died in the the Democratic Republic of the Congo; tional and environmental interests. previous six years because of the conflict in (7) to support efforts of the Government of SEC. 103. BILATERAL ASSISTANCE TO THE DEMO- the Democratic Republic of the Congo and the Democratic Republic of the Congo, the CRATIC REPUBLIC OF THE CONGO. resulting disintegration of the social service United Nations Peacekeeping Mission in the (a) FUNDING FOR FISCAL YEARS 2006 AND infrastructure, making this one of the dead- Democratic Republic of the Congo (MONUC), 2007.—Of the amounts made available to liest conflicts since World War II. and other entities, as appropriate, to disarm, carry out the Foreign Assistance Act of 1961 (8) In 2004, Amnesty International esti- demobilize, and repatriate the Democratic (22 U.S.C. 2151 et seq.), the Agricultural mated that at least 40,000 women and girls Forces for the Liberation of Rwanda and Trade Development and Assistance Act of were systematically raped and tortured in other illegally armed groups; 1954 (68 Stat. 454, chapter 469), and the Arms the Democratic Republic of the Congo since (8) to make all efforts to ensure that the Export Control Act (22 U.S.C. 2751 et seq.) for 1998, and nearly two-thirds of ongoing abuses Government of the Democratic Republic of fiscal year 2006 and 2007, at least $52,000,000 against women and girls are perpetrated by the Congo— for each such fiscal year should be allocated members of the security forces, particularly (A) is committed to responsible and trans- for bilateral assistance programs in the the Forces Armes de la Republique parent management of natural resources Democratic Republic of the Congo. Democratique du Congo (FARDC) and the across the country; and (b) FUTURE YEAR FUNDING.—It is the sense Police Nationale Congolaise (PNC). (B) takes active measures— of Congress that the Department of State (9) According to the Department of State, (i) to promote economic development; should submit budget requests in fiscal years ‘‘returning one of Africa’s largest countries (ii) to hold accountable individuals who il- 2008 and 2009 that contain increases in bilat- [the Democratic Republic of the Congo] to legally exploit the country’s natural re- eral assistance for the Democratic Republic full peace and stability will require signifi- sources; and of the Congo that are appropriate if progress cant United States investments in support of (iii) to implement the Extractive Indus- is being made, particularly cooperation by national elections, the reintegration of tries Transparency Initiative by enacting the Government of the Democratic Republic former combatants, the return and re- laws requiring disclosure and independent of the Congo, toward accomplishing the pol- integration of refugees and [internally dis- auditing of company payments and govern- icy objectives described in section 102. placed persons], establishment of central ment receipts for natural resource extrac- (c) COORDINATION WITH OTHER DONOR NA- government control over vast territories, tion; TIONS.—The United States should work with and promotion of national reconciliation and (9) to promote a viable civil society and to other donor nations, on a bilateral and mul- good governance’’. enhance nongovernmental organizations and tilateral basis, to increase international con- SEC. 102. STATEMENT OF POLICY. institutions, including religious organiza- tributions to the Democratic Republic of the It is the policy of the United States— tions, the media, political parties, trade Congo and accomplish the policy objectives (1) to help promote, reinvigorate, and sup- unions, and trade and business associations, described in section 102. port the political process in the Democratic that can act as a stabilizing force and effec- SEC. 104. ACCOUNTABILITY FOR THE GOVERN- Republic of the Congo in order to press all tive check on the government; MENT OF THE DEMOCRATIC REPUB- parties in the Transitional National Govern- (10) to help rebuild and enhance infrastruc- LIC OF THE CONGO. ment and the succeeding government to im- ture, communications, and other mecha- (a) SENSE OF CONGRESS.—It is the sense of plement fully and to institutionalize mechanisms that will increase the ability of the Congress that— nisms, including national and international central government to manage internal af- (1) the Government of the Democratic Re- election observers, fair and transparent fairs, encourage economic development, and public of the Congo must be committed to voter registration procedures, and a signifi- facilitate relief efforts of humanitarian orga- achieving the policy objectives described in cant civic awareness and public education nizations; section 102 if the efforts of the United States campaign created for the July 30, 2006, elec- (11) to help halt the high prevalence of sex- and other members of the international com- tions and future elections in the Democratic ual abuse and violence perpetrated against munity are to be effective in bringing relief, Republic of the Congo, to ensure that elec- women and children in the Democratic Re- security, and democracy to the country; tions are carried out in a fair and democratic public of the Congo and mitigate the detri- (2) the Government of the Democratic Re- manner; mental effects from acts of this type of vio- public of the Congo should immediately ex- (2) to urge the Government of the Demo- lence by undertaking a number of health, ercise control over and discipline its armed cratic Republic of the Congo to recognize education, and psycho-social support pro- forces, stop the mass rapes at the hands of and act upon its responsibilities to imme- grams; its armed forces, and hold those responsible diately bring discipline to its security forces, (12) to work aggressively on a bilateral for these acts accountable before an appro- hold those individuals responsible for atroc- basis to urge governments of countries con- priate tribunal; ities and other human rights violations, par- tributing troops to the United Nations (3) the Government of the Democratic Re- ticularly the rape of women and girls as an Peacekeeping Mission in the Democratic Re- public of the Congo, in collaboration with act of war, accountable and bring such indi- public of the Congo (MONUC) to enact and international aid agencies, should establish viduals to justice; enforce laws on trafficking in persons and expert teams to assess the needs of the vic- (3) to help ensure that, once a stable na- sexual abuse that meet international stand- tims of rape and provide health, counseling, tional government is established in the ards, promote codes of conduct for troops and social support services that such victims Democratic Republic of the Congo, it is com- serving as part of United Nations peace- need; and mitted to multiparty democracy, open and keeping missions, and immediately inves- (4) the international community, through transparent governance, respect for human tigate and punish citizens who are respon- the United Nations peacekeeping mission, rights and religious freedom, ending the vio- sible for abuses in the Democratic Republic humanitarian and development relief, and lence throughout the country, promoting of the Congo; other forms of assistance, is providing a sub- peace and stability with its neighbors, reha- (13) to assist the Government of the Demo- stantial amount of funding that is giving the bilitating the national judicial system and cratic Republic of the Congo as undertakes Government of the Democratic Republic of enhancing the rule of law, combating corrup- steps to— the Congo an opportunity to make progress tion, instituting economic reforms to pro- (A) protect internally displaced persons towards accomplishing the policy objectives mote development, and creating an environ- and refugees in the Democratic Republic of described in section 102, but this assistance ment to promote private investment; the Congo and border regions from all forms cannot continue in perpetuity. (4) to assist the Government of the Demo- of violence, including gender-based violence (b) TERMINATION OF ASSISTANCE.—It is the cratic Republic of the Congo as it seeks to and other human rights abuses; sense of Congress that the Secretary of State meet the basic needs of its citizens, includ- (B) address other basic needs of vulnerable should withhold assistance otherwise avail- ing security, safety, and access to health populations with the goal of allowing these able under this Act if the Secretary deter- care, education, food, shelter, and clean conflict-affected individuals to ultimately mines that the Government of the Demo- drinking water; return to their homes; and cratic Republic of the Congo is not making

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Its purpose peacekeeping, and counterterrorism assist- and resources needed to effectively monitor should be the revival of a working ance, for a foreign country if the Secretary arms trafficking and natural resource exploi- economy in the world so as to permit determines that the government of the for- tation at key border posts and airfields in an emergence of political and social eign country is taking actions to destabilize the eastern part of the Democratic Republic conditions in which free institutions the Democratic Republic of the Congo. of the Congo; can exist.’’ SEC. 106. REPORT ON PROGRESS TOWARD AC- (4) to encourage regular visits of the Mr. Speaker, the Democratic Repub- COMPLISHING POLICY OBJECTIVES. United Nations Security Council to monitor (a) REPORT REQUIRED.—Not later than one the situation in the Democratic Republic of lic of the Congo has seen more than its year after the date of the enactment of this the Congo; fair share of hunger, poverty, despera- Act, the Comptroller General of the United (5) to ensure that the practice of recruiting tion and chaos. Since 1998, an esti- States shall submit to Congress a report on and arming children in the Democratic Re- mated 4 million people have died as a the progress made toward accomplishing the public of the Congo is immediately halted result of war, famine and disease, and policy objectives described in section 102. pursuant to Security Council Resolutions thousands more die each and every (b) CONTENTS.—The report required under 1460 (2003) and 1539 (2004); subsection (a) shall include— day. More than 40,000 women and chil- (6) to strengthen the arms embargo im- dren have been systematically raped (1) a description of any major impediments posed pursuant to Security Council Resolu- that prevent the accomplishment of the pol- tion 1493 (2003) and ensure that violators are and tortured at the hands of the armed icy objectives described in section 102, in- held accountable through appropriate meas- forces of the Congo, perpetrators of cluding any destabilizing activities under- ures, including the possible imposition of genocide from neighboring Rwanda and taken in the Democratic Republic of Congo sanctions; an increasing intricate array of militia by governments of neighboring countries; (7) to allow for the more effective protec- groups. (2) an evaluation of United States policies tion and monitoring of natural resources in and foreign assistance programs designed to the Democratic Republic of the Congo, espe- accomplish such policy objectives; and cially in the eastern part of the country, and b 1930 (3) recommendations for— for public disclosure and independent audit- Life expectancy in Congo has plum- (A) improving the policies and programs ing of natural resource revenues to help en- meted to 49 years, and years of war and referred to in paragraph (2); and sure transparent and accountable manage- (B) any additional bilateral or multilateral rampant corruption have decimated an ment of these revenues; economy that should have been one of actions necessary to promote peace and pros- (8) to press countries in the Congo region perity in the Democratic Republic of the to help facilitate an end to the violence in Africa’s strongest. Congo. the Democratic Republic of the Congo and Fortunately, hope for an end to the SEC. 107. SPECIAL ENVOY FOR THE GREAT LAKES promote relief, security, and democracy constant conflict and chaos that have REGION. throughout the region; and plagued the Congo since independence Not later than 60 days after the date of the (9) to encourage the United Nations Sec- enactment of this Act, the President should has been raised following the historic retary-General to become more involved in appoint a Special Envoy for the Great Lakes elections that took place in July and completing the policy objectives described in Region to help coordinate efforts to resolve October of this year. An estimated 70 paragraphs (1) and (2) of section 102 and en- the instability and insecurity in Eastern percent of eligible voters turned out to sure that recent fighting in North Kivu, Congo. which displaced over 150,000 people, as well vote in the face of great difficulties, TITLE II—MULTILATERAL ACTIONS TO as fighting in Ituri and other areas, does not and international monitors agreed that ADDRESS URGENT NEEDS IN THE DEMO- create widespread instability throughout the the election results were uncompro- CRATIC REPUBLIC OF THE CONGO country. mised by irregularities. SEC. 201. PROMOTION OF UNITED STATES POL- SEC. 202. INCREASING CONTRIBUTIONS AND But the conduct of elections rep- ICY TOWARD THE DEMOCRATIC RE- OTHER HUMANITARIAN AND DEVEL- resent only an initial step towards nor- PUBLIC OF THE CONGO IN THE OPMENT ASSISTANCE THROUGH UNITED NATIONS SECURITY COUN- INTERNATIONAL ORGANIZATIONS. malcy. A legitimate result in the Octo- CIL. (a) IN GENERAL.—The President should in- ber runoff that is accepted by both par- The United States should use its voice and struct the United States permanent rep- ties and the population at large is vi- vote in the United Nations Security Coun- resentative or executive director, as the case tally important. Further, the estab- cil— may be, to the United Nations voluntary (1) to address exploitation at the United lishment of inclusive political institu- agencies, including the World Food Program, tions, the restoration of critical infra- Nations Peacekeeping Mission in the Demo- the United Nations Development Program, cratic Republic of the Congo (MONUC) by and the United Nations High Commissioner structure and essential public services, continuing to urge, when credible allegations for Refugees, and other appropriate inter- and the creation of viable economic op- exist, appropriate investigation of alleged national organizations to use the voice and portunities for development will be perpetrators and, as necessary, prosecution vote of the United States to support addi- critically important if Congo is to of United Nations personnel responsible for tional humanitarian and development assist- flourish. sexual abuses in the Democratic Republic of ance for the Democratic Republic of the During a recent visit to Kinshasa the Congo; Congo in order to accomplish the policy ob- earlier this month, U.N. Under Sec- (2) to conclude at the earliest possible date jectives described in section 102. a Memorandum of Understanding relating to (b) SUPPORT CONTINGENT ON PROGRESS.—If retary of Humanitarian Affairs Jan binding codes of conduct and programs for the Secretary of State determines that the Egelund asserted that ‘‘the Congolese the prevention of sexual abuse and traf- Government of the Democratic Republic of people were still suffering one of the ficking in persons to be undertaken by the the Congo is not making sufficient progress world’s worst humanitarian crises.’’ United Nations for all countries that con- towards accomplishing the policy objectives Unfortunately, this is a fact that has tribute troops to MONUC, to include the as- described in section 102, the President shall largely escaped the attention of many consider withdrawing United States support sumption of personal liability for the provi- of us, particularly as we focus on other sion of victims assistance and child support, for the assistance described in subsection (a) as appropriate, by those who violate the when future funding decisions are consid- well-deserved crises such as that which codes of conduct; ered. is occurring in Darfur and northern (3) to strengthen the authority and capac- The SPEAKER pro tempore. Pursu- Uganda and, as a result of U.S. policy ity of MONUC by— ant to the rule, the gentleman from towards Congo, really has gone adrift (A) providing specific authority and obliga- New Jersey (Mr. SMITH) and the gen- and needs to be re-energized. tion to prevent and effectively counter im- tleman from California (Mr. LANTOS) S. 2125 recognizes the importance of a minent threats; each will control 20 minutes. coherent, forward-leaning U.S. policy (B) clarifying and strengthening MONUC’s toward the Congo. It identifies key rules of engagement to enhance the protec- The Chair recognizes the gentleman tion of vulnerable civilian populations; from New Jersey. U.S. policies in Congo, including the (C) enhancing the surveillance and intel- Mr. SMITH of New Jersey. Mr. promotion of free, fair and democratic ligence-gathering capabilities available to Speaker, I yield myself such time as I elections in the future; support for se- MONUC; may consume. curity sector reform and disarmament;

VerDate Aug 31 2005 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.114 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8863 demobilization, repatriation, re- sanitation and, most importantly, no issues. It authorizes a 25 percent in- integration and rehabilitation pro- safe water. crease in U.S. assistance for the Congo. grams; and the promotion of account- The United Nations estimates that 4 It calls for a special envoy to help re- ability for those who have committed million people died in the past 8 years solve the situation in eastern Congo, atrocities and gross human rights vio- as a direct result of war. To give you and it urges the administration to use lations. another stark look at the situation in its voice and its vote at the United Na- It also asserts that the United States the Congo, Mr. Speaker, the Inter- tions Security Council to strengthen will work to ensure that a stable Con- national Rescue Committee reports the U.N. peacekeeping force that is golese government is committed to the that 31,000 people are dying each providing some security in parts of the principles of good governance and re- month, or about 1,000 human beings Congo. source management, rule of law, and every single day. Major faith-based and humanitarian peaceful coexistence with its regional The Congo is in the midst of a hu- nongovernmental organizations, in- neighbors. The bill suggests that the manitarian catastrophe that has not cluding some with extensive field oper- U.S. partner with other governments yet received the high-level attention or ations in Congo, have endorsed our leg- with similar goals for the Congo. the adequate resources it desperately islation, including CARE, Catholic Re- Finally, it compels the U.S. to work deserves. The United Nations an- lief Services, Global Witness, Inter- to strengthen the mandate of the nounced recently that it was running national Crisis Group, International United Nations peacekeeping force in out of money to feed some of the 1.7 Rescue Committee, and Oxfam Amer- the Congo, MONUC, to include specific million displaced Congolese who ur- ica. authority to prevent and effectively gently needed aid. Mr. Speaker, I want to stress that we counter imminent threats, protect ci- Mr. Speaker, the children of Congo are under no illusion that enacting the vilians, enhance intelligence gathering have suffered immeasurable pain as a policies in this bill will be a panacea capabilities, and monitor arms traf- result of war, poverty and disease. for Congo’s many ills. But we know ficking, and of course, also to look into Children as young as 10 were recruited that we cannot accept the status quo, the terrible problem of child soldiers. as child soldiers into the ranks of the particularly not for Congo’s children. S. 2125 further authorizes $52 million guerrilla forces. Unprotected children Mr. Speaker, the Congo, Africa’s for fiscal years 2006 and 2007, an in- as young as five or six work in some of heart of darkness, need not languish crease of $5 million, to carry out these Congo’s most prosperous mines for forever in its current state, decades of objectives and expresses support for ad- about $1 a day. poverty, death and grief, midst an According to UNICEF, more than 600 ditional funding in future years. How- enormous amount of natural wealth. Congolese children die every single ever, the bill makes it clear that U.S. We can help move them on the path day, and even more are displaced, sexu- assistance to Congo cannot continue in towards a bright and prosperous future. ally abused or victimized by abduction perpetuity. It calls on the Secretary of I urge all of my colleagues to vote in as child soldiers. support of this legislation. State to withhold such assistance if An estimated 1 million Congolese are Mr. Speaker, I reserve the balance of the government is not making suffi- living with HIV/AIDS, but no one can my time. cient progress towards accomplishing realistically know for sure. The coun- Mr. SMITH of New Jersey. Mr. the stated U.S. foreign policy goals. try has only seven doctors per 100,000 Speaker, I yield such time as he may Mr. Speaker, this is a timely bill. people, and life expectancy is in the consume to the gentleman from Cali- While providing a road map for U.S. low 40s. policy towards Congo during this crit- Mr. Speaker, Congo has a long and fornia (Mr. DREIER), the distinguished ical stage in its transition, it rightly difficult road to recovery, but with chairman of the Rules Committee. places the burden of success on the their commitment and our support Mr. DREIER. Mr. Speaker, I thank Congolese themselves. After all, solu- they can make it. my friend for yielding, and I want to tions for Congo’s ills cannot be im- The country has enormous natural congratulate my classmate and dear posed from the outside. The Congolese resources. In terms of its untapped friend from New Jersey and also the themselves must seize the opportunity mineral wealth, it is one of the richest gentleman from California, my friend for peace and prosperity that is before countries in the world. Its soil is ex- and neighbor, soon-to-be-chairman of them. Still, this bill helps support pected to contain every mineral listed the International Relations Com- them in that effort. on the periodic table. Large deposits of mittee. Mr. Speaker, I reserve the balance of gold, copper, cobalt, diamond, gas and I also want to start by doing exactly our time. oil still remain untapped. what my friend from California did, Mr. LANTOS. Mr. Speaker, I yield The Congo River has the second larg- and that is extend congratulations to myself such time as I may consume, est flow on Earth after the Amazon and Senator BARAK OBAMA, who really au- and I rise in strong support of this legis the second longest river in Africa thored and has been pushing S. 2125 for islation. after the Nile. The estimated hydro- a long period of time. I have had nu- I would first like to thank my good electric potential has the capacity to merous conversations with him about friend Senator BARAK OBAMA for intro- provide electrical power to the entire this, and we talked about the need to ducing this important and timely continent of Africa. ensure that as we look at the military measure. I would also like to congratu- Congo is home to the world’s second challenges that we face, the promotion late the people of the Congo for suc- largest tropical rain forest, with nearly of democratization, political pluralism, cessfully holding their first free and 20 percent of the planet’s remaining the rule of law, the building of these fair elections in four decades, as well as rain forests. The Congo Basin rep- democratic institutions, while at the the victor of this election, Laurent resents 70 percent of the African con- same time we focus on the very impor- Kabila. tinent’s plant cover, with over 600 tree tant security needs, is a priority for While the elections were a historic species and 10,000 animal species. the Democratic Republic of the Congo. milestone, the euphoria is sobered by In short, Mr. Speaker, Congo has the This is, as Mr. LANTOS has said, a the painful and disastrous wars of the potential to turn that enormous nat- country that for four decades has gone past. In fact, for the past 40 years, the ural wealth into a rich and prosperous through a tumultuous history. Nearly 2 people of the Congo have known noth- nation, if properly managed under the decades ago, I had the opportunity to ing but dictatorship, tyranny, corrup- stewardship of a free economy and a visit with President Mobuto Sese-Seko tion, poverty and war. transparent, noncorrupt and stable de- in Kinshasa, and then went to Boundji, Congo is one of Africa’s poorest coun- mocracy. which was his birthplace. I will never tries. It is the eighth poorest country The bill that we are voting on today forget how horrified we were seeing the in the entire world based on gross do- is an important step on the long road tremendous resources about which my mestic product. Congo, a country the towards bringing peace and prosperity friend spoke utilized to basically build size of all of Western Europe, has less to the Congo. a shrine to this man at his birthplace. than 300 miles of paved road. Most of Our bill establishes 14 core principles It is a country that has gone through the country has no electricity, proper of U.S. policy across a wide range of tremendous human rights violations.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.170 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8864 CONGRESSIONAL RECORD — HOUSE December 6, 2006 As section 102 of this act points out, b 1945 institutional capacity, and met with Pierre Gemayel during the Commission’s delegation since 1998 40,000 women and children Mr. LANTOS. Mr. Speaker, we have have been brutally raped in large part to Lebanon in July 2006: Now, therefore be it no additional requests for time. We Resolved, That the House of Representa- by those involved in security for the yield back the balance of our time. tives— country. I believe that it is essential Mr. SMITH of New Jersey. Mr. (1) Expresses its condolences for this hei- for us to take this very small amount Speaker, we likewise yield back the nous crime to the people of Lebanon and to of money and do everything that we balance of our time. the members of Lebanon’s Cabinet in which Pierre Gemayel served with distinction; can in our quest to make sure that that The SPEAKER pro tempore (Mr. four-decade history is history and that (2) Affirms its support for the inter- WAMP). The question is on the motion national tribunal to try suspects in the 2005 it never repeats itself at all. I believe offered by the gentleman from New assassination of former Prime Minister that this measure which enjoys strong Jersey (Mr. SMITH) that the House sus- Rafik Hariri; bipartisan support can send a signal. pend the rules and pass the Senate bill, (3) Urges that the perpetrators of the as- I am very pleased to work closely S. 2125, as amended. sassination of Pierre Gemayel be brought to with my colleague from North Carolina The question was taken; and (two- justice; (Mr. PRICE) with our House Democracy (4) Conveys concern regarding the increas- thirds of those voting having responded ing polarization of Lebanon’s religious sects Assistance Commission. I am going to in the affirmative) the rules were sus- be speaking about that on the next and calls on the Government of Lebanon to pended and the Senate bill, as amend- actively pursue electoral reform as a first measure we bring forward, but I happen ed, was passed. step in reducing confessional tensions; to believe as we look at the House De- A motion to reconsider was laid on (5) Recognizes that a regional peace in the mocracy Assistance Commission in its the table. Middle East will greatly contribute to Leb- effort to build up parliaments in anon’s long-term security and stability; and emerging, new and reemerging democ- f (6) Reaffirms the commitment of the racies, it is important for us to look at United States to support and promote the EXPRESSING SUPPORT FOR LEB- development of autonomous, effective demo- countries that will be natural partners ANON’S DEMOCRATIC INSTITU- cratic institutions in Lebanon, including an of ours in this quest to build these par- TIONS independent Parliament and a strong central liaments. I think that the Democratic Ms. ROS-LEHTINEN. Mr. Speaker, I government that represent and serve the in- Republic of the Congo, along with terests of the Lebanese people. move to suspend the rules and agree to Kenya, which we are working with on the resolution (H. Res. 1088) expressing The SPEAKER pro tempore. Pursu- the continent of Africa, and Liberia support for Lebanon’s democratic insti- ant to the rule, the gentlewoman from will potentially be a prime candidate tutions and condemning the recent ter- Florida (Ms. ROS-LEHTINEN) and the for us to partner with in building that, rorist assassination of Lebanese parlia- gentleman from California (Mr. LAN- and I know I will be working with Mr. mentarian and Industry Minister TOS) each will control 20 minutes. PRICE on that in the coming months. The Chair recognizes the gentle- This measure is a very important Pierre Amin Gemayel. The Clerk read as follows: woman from Florida. first step, and I join in congratulating Ms. ROS-LEHTINEN. Mr. Speaker, I the people of the Democratic Republic H. RES. 1088 rise in strong support of House Resolu- of Congo for taking that step towards Whereas on November 21, 2006 Pierre Ge- tion 1088, expressing support for Leb- free and fair elections and look forward mayel, a Member of the March 14 parliamen- anon’s democratic institutions and to their continued success and obvi- tary coalition, was assassinated in New Jdeide´, north of Beirut, Lebanon; condemning the recent assassinations ously this multilateral approach which Whereas a series of targeted attacks and of Lebanese parliamentarian and In- the act calls for, getting other coun- killings of public leaders working to promote dustry Minister Pierre Amin Gemayel. tries involved, will I believe go a long democracy and autonomy in Lebanon has Mr. Gemayel’s brutal murder serves way towards helping them. placed a heavy toll on Lebanon’s intellectual as yet another example of the Syria re- I thank my friend for yielding. and democratic freedoms; gime’s pattern of assassinations of Leb- Mr. BLUMENAUER. Mr. Speaker, I rise in Whereas the prosecution by the proposed anese dissidents and political figures strong support of S. 2125, the ‘‘Democratic International Independent Investigation who seek full Lebanese sovereignty and Republic of the Congo Relief, Security, and Commission of persons accused in the assas- independence from nefarious outside sination of former Prime Minister Rafik Democracy Promotion Act of 2006.’’ forces as Syria and Iran. Three years after the end of ‘‘Africa’s World Hariri could deter future assassinations; Whereas Pierre Gemayel was born on Sep- This resolution appropriately urges War’’ and having conducted the most tember 24, 1972 into a prominent Lebanese those responsible for Mr. Gemayel’s logistically complicated election in history, the family; murder to be brought to justice and ex- Democratic Republic of Congo, DRC, faces its Whereas Pierre Gemayel was first elected presses condolences to the people of best chance for peace and progress since to the Lebanese Parliament in 2000; Lebanon for his death. independence. However, credible mortality Whereas Pierre Gemayel was named Min- The resolution reiterates our com- studies estimate that over 1,000 people con- ister of Industry in the Lebanese Govern- mitment for a fully sovereign inde- tinue to die each day from conflict-related ment in 2005; pendent Lebanon, and calls on the Leb- causes, mostly disease and malnutrition, and Whereas Amine Gemayel, the father of Pierre Gemayel and former President of Leb- anese Government to implement the pervasive state weakness threatens back- anon, has urged the Phalange party sup- necessary electoral reforms for Leb- sliding and a return to wide-spread violence. porters and all Lebanese citizens to promote anon to achieve such autonomy, de- The international community has played a crit- cooperation and solidarity and hamper at- velop its democratic institutions, and ical role in supporting the DRC until this point, tempts to instigate civil strife; help reduce the increasing sectarian di- and with the inauguration of the new demo- Whereas, on November 21, 2006, following visions. cratically elected government, such support Pierre Gemayel’s assassination, President Mr. Gemayel’s murder was a deplor- will be even more important going forward. George W. Bush stated that ‘‘the United able act of cowardice aimed at under- I am particularly proud of the role played by States remains fully committed to sup- mining Lebanon’s sovereignty and de- porting Lebanon’s independence and democ- Lisa Shannon, a constituent of mine and the racy in the face of attempts by Syria, Iran, stroying its democratic institutions. It founder of Run for Congo Women. After learn- and their allies within Lebanon to foment in- should move the United Nations to ing about the Congo on Oprah, Lisa decided stability and violence’’; once and for all hold Syria accountable to do a solo, 31 mile run on Portland’s Wild- Whereas supporting the development of for the 2005 assassination of former wood Trail to raise money for Women for democratic institutions in Lebanon is crit- Lebanese Prime Minister Rafik Hariri. Women International’s work in Congo. Just ical to promoting the interests of the United Responsible nations must realize that over a year later, Run for Congo Women has States in the Middle East region, building Syria and Iran kill, destroy, and seek blossomed into a global effort to raise aware- upon the momentum of the March 14, 2005 instability in places like Lebanon so ‘‘Cedar Revolution,’’ fighting terrorism, and ness and support the women of the DRC. Lisa supporting negotiations for peace in the re- that they may gain yet more power has tirelessly walked the halls of Congress to gion; and and influence in the region. We must promote the bill we’re passing today and is a Whereas the House Democracy Assistance not allow this to continue. shining example of the difference that one Commission has worked in partnership with Mr. Speaker, I reserve the balance of committed individual can make. the Lebanese Parliament to strengthen its my time.

VerDate Aug 31 2005 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.172 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8865 Mr. LANTOS. Mr. Speaker, I rise in Lebanon since the tragic killing of relationship with the United States of strong support of this resolution, and I former Prime Minister Rafik Hariri America has been the issue of uncer- yield myself such time as I might con- along with his compatriots last year. tainty. In 1983, when we saw the tragic sume. All the victims, Mr. Speaker, share a bombing of the Marine barracks, the Mr. Speaker, this resolution reflects common profile: They supported de- United States of America withdrew our sorrow, our anguish, and our re- mocracy, and they outspokenly op- from Lebanon. They have gone through solve following the recent assassina- posed Syrian and Iranian designs on a quarter century of civil war, and they tion of Lebanese Minister of Industry, their nation. have great challenges in the region. As Pierre Gemayel. Mr. Speaker, I visited Lebanon just Mr. LANTOS correctly said, we don’t I felt this loss personally. Pierre was some weeks ago. I met with Prime Min- agree with every single policy in Leb- the son of former Lebanese President ister Fuad Siniora and many of his col- anon, and obviously there have been Amin Gemayel and the grandson of one leagues who are members of the March real challenges on their southern bor- of the most significant figures of mod- 14th Movement, which forms the core der as we know very well. But at the ern Lebanese history, his namesake, of his government. While we did not same time, it is absolutely essential Pierre Gemayel, our friends. agree about every issue regarding Leb- that we remember that this is a re- Mr. Speaker, it is a coincidence that anon and the region, this much I can emerging democracy. we are considering this resolution on tell you: These people have made a cou- This past July, Mr. PRICE and I had the day when the Iraq Study Group has rageous commitment to the sov- the privilege of leading a delegation of released its much anticipated report. ereignty of their nation. They have our Members representing the House As we all know, the Iraq Study Group done so in the face of threats to their Democracy Assistance Commission. calls for the United States to engage lives and the loss of their comrades, This is a commission that I am very with all regional parties, including and they are stalwart democrats. I proud was put together by Speaker Syria and Iran. I have been in the fore- came away convinced that this govern- DENNIS HASTERT and soon-to-be Speak- front of those urging that we engage ment deserves our strongest support. er NANCY PELOSI, and it was estab- even with our enemies. That is why I Mr. Speaker, by adopting this resolu- lished a year ago this past March, and have met repeatedly with the leaders of tion, we can firmly declare support for the goal was to take new and re- Syria and North Korea, and that is why the democratically elected Lebanese emerging democracies and work di- I have consistently, if unsuccessfully, Government and for all democratically rectly with those parliaments that sought a visa to visit Iran, and that is thinking Lebanese. I urge that we do have just been elected. why I applauded the successful example so. I urge all of my colleagues to sup- Now, we all have the privilege of par- of our engagement that resulted in port our resolution. ticipating in important work in inter- Libya’s peaceful divestment of its Mr. Speaker, I reserve the balance of parliamentary exchanges, the Euro- weapons of mass destruction materials. my time. pean Union, the Bundestag, the DIAG As former Secretary of State James Ms. ROS-LEHTINEN. Mr. Speaker, at in Japan. I have been part of the U.S.- Baker said in a briefing for our leader- this time I am pleased to yield such Mexico interparliamentary conference. ship this morning, the policy of iso- time as he may consume to the author But the unique thing about the House lating states like Syria, and I quote, of this resolution, Mr. DREIER of Cali- Democracy Assistance Commission, we ‘‘has brought us nothing.’’ fornia. now have a dozen countries with which Nevertheless, Mr. Speaker, Damascus Mr. DREIER. Mr. Speaker, I want to we are working very closely on this. and Tehran should not misunderstand express my appreciation to the very We have been able to take these newly the intentions of those of us who sup- distinguished subcommittee chairman elected parliamentarians and do as Mr. port dialogue. We are not going to as well as to my friend from California PRICE and I and our delegation did in stray one iota from our core commit- (Mr. LANTOS) again, as soon-to-be Lebanon for 2 days: work with them on ments. There will be no compromise on chairman of the International Rela- the building of their committee struc- terrorism or nuclear arms, or the secu- tions Committee. ture, their very important oversight of rity of the State of Israel or on Leba- This resolution I am very pleased to the executive branch, the building of nese sovereignty and democracy, or on have introduced along with my col- their libraries, putting into place a the international tribunal to inves- league DAVID PRICE with whom I serve budget process. tigate the shameful assassinations of as cochair of the House Democracy As- And that is exactly what we were Hariri, Gemayel, and other Lebanese sistance Commission. doing this past July in Lebanon. And patriots in recent years. As I look across the aisle, I see my we, of course, since our trip in July, For those of us who support dialogue, friend ALCEE HASTINGS with whom I sit have seen a very tragic time in Leb- the message of this resolution is that on the Rules Committee, and I am re- anon. In fact, it was just days after we dialogue does not mean capitulation. minded of the first trip that we made left that we saw Hezbollah engage in By passing this resolution, Mr. Speak- to Beirut. It was a year ago this past the kidnapping of those Israeli defense er, our body will make clear that we spring, shortly after the March 14th forces troops in southern Lebanon, and staunchly oppose the sinister designs Movement and the Cedar Revolution we all know what happened after that. of Iran and Syria to destabilize Leb- began. We had the chance to visit the And there was a sense that a degree of anon, particularly through the blood- widow of former Prime Minister Rafik stability was coming to Lebanon with- thirsty instrument of Hezbollah. Hariri, and Mr. HASTINGS and the rest in the past several weeks and the last Syria will pay a heavy price if it does of our delegation placed a wreath at couple of months; and then, of course, not cease its relentless campaign of in- the grave of Rafik Hariri in Martyr we got the tragic news that led to Mr. timidation and destabilization in Leb- Square in Beirut, a spot that has got- PRICE and my authoring this very im- anon and if it refuses to cooperate with ten a great deal of attention on tele- portant measure, underscoring how im- the Hariri investigation and the inter- vision just in the past few weeks, very portant it is as we look at the tragic national tribunal. tragically. And as has been pointed assassination of Minister Gemayel that This most recent Gemayel assassina- out, we have seen now the 16th assas- we need to do all that we can, all that tion was a crime against a man and his sination take place with the tragic we can, to make sure that Lebanon’s family, but most of all against the Leb- murder of Pierre Gemayel, and that is future is a bright one. anese nation. As our resolution makes in the last 2 years. clear, the perpetrators must be brought Mr. Speaker, as we look at this chal- to justice. We don’t know who pulled lenge, it underscores the fact that the b 2000 the trigger, but we have the strongest United States of America must, as Mr. Mr. Speaker, I urge my colleagues to of suspicions about who gave the or- LANTOS has just said, reaffirm its support this measure. I thank again ders. strong commitment to the future of Mr. PRICE and all of the Members of The Gemayel murder is one of more Lebanon. our Democracy Assistance Commission than a half a dozen political assassina- One of the greatest challenges that for the fine work and effort that they tions or attempted assassinations in the Lebanese people have faced in its put into this, and to say again that we

VerDate Aug 31 2005 02:41 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.175 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8866 CONGRESSIONAL RECORD — HOUSE December 6, 2006 are going to reaffirm with this resolu- Prime Minister Rafik Hariri. We must demning in the strongest terms Iran’s tion our commitment to the future of fight to bring justice to the perpetra- commitment to hold an international Lebanon. tors of these crimes and to bring fulfill- Holocaust denial conference on Decem- Mr. LANTOS. Mr. Speaker, I am very ment to the goals these pro-democracy ber 11–12, 2006, as amended. pleased to yield to my distinguished leaders have sought. The Clerk read as follows: friend from North Carolina, Mr. DAVID Mr. Speaker, I urge my colleagues to H. RES. 1091 PRICE, who serves as the ranking mem- support the resolution and to support Whereas Iranian President Mahmoud ber of the Democracy Assistance Com- efforts to strengthen democratic insti- Ahmadinejad has expressed his intention to mission, as much time as he may con- tutions in Lebanon. hold an international Holocaust denial consume. Mr. LANTOS. Mr. Speaker, I yield ference entitled ‘‘Study of Holocaust: A Mr. PRICE of North Carolina. Mr. Global Perspective’’, to begin on December back the balance of my time. 11, 2006, in Tehran; Speaker, I thank the gentleman and Ms. ROS-LEHTINEN. Mr. Speaker, I Whereas in August 2006, Iran staged an am proud to add my voice of com- have no further requests for time, and international contest of cartoons on the Hol- mendation in support of House Resolu- I yield back the balance of my time. ocaust, endorsing and promoting prevailing tion 1088, which I have cosponsored The SPEAKER pro tempore. The anti-Semitic and anti-Israeli stereotypes and with the gentleman from California, question is on the motion offered by Holocaust denial; chairman of the House Democracy As- the gentlewoman from Florida (Ms. Whereas Mahmoud Ahmadinejad wrote in a letter in July 2006 to German Chancellor An- sistance Commission. ROS-LEHTINEN) that the House suspend In July, I traveled with the commis- gela Merkel, ‘‘Is it not a reasonable possi- the rules and pass the bill, H. Res. 1088. bility that some countries that had won the sion to Beirut to initiate a partnership The question was taken. war (World War II) made up this excuse to with the Lebanese Parliament. While The SPEAKER pro tempore. In the constantly embarrass the defeated people there, I had an opportunity to have opinion of the Chair, two-thirds of . . . to bar their progress.’’; lunch with Pierre Gemayel. I was those voting have responded in the af- Whereas on October 26, 2005, in a con- struck then by his charismatic person- firmative. ference entitled, ‘‘The World without Zion- ality and his enthusiasm over the pros- Mr. LANTOS. Mr. Speaker, on that I ism’’, President Ahmadinejad stated in a pects for real reform in Lebanon. speech that ‘‘Israel must be wiped off the demand the yeas and nays. map.’’; In many ways, Pierre Gemayel rep- The yeas and nays were ordered. Whereas thereafter, these anti-Semitic resented the promise of Lebanon’s fu- The SPEAKER pro tempore. Pursu- comments were broadly condemned by the ture. A strong advocate of democratic ant to clause 8 of rule XX and the United Nations and others, including in a governance in Lebanon, he shook off Chair’s prior announcement, further measure passed by a unanimous vote of the the constraints of confessionalism to proceedings on this question will be United States House of Representatives on battle side by side with Christians, postponed. October 28, 2005; Sunni and Shia Muslims to guarantee Whereas Mahmoud Ahmadinejad’s current f Lebanon’s sovereignty against the per- intent to host an international Holocaust de- FURTHER MESSAGE FROM THE nial conference is only the latest in a series sisting threat of Syrian domination. of threatening, anti-Semitic, Holocaust de- Pierre Gemayel was named to lead SENATE nial statements and actions he has under- the Industry Ministry in the wake of A further message from the Senate taken since assuming power; the Cedar Revolution demonstrations by Ms. Curtis, one of its clerks, an- Whereas to deny the Holocaust’s occur- of March 14, 2005 and the subsequent nounced that the Senate has passed rence is in itself an act of anti-Semitism; Whereas one who denies the Holocaust, de- national elections which brought to with amendments in which the concur- power a cross-sectarian coalition of nies the greatest modern tragedy of the Jew- rence of the House is requested, a bill ish people and the most extreme act of anti- pro-democracy politicians, determined of the House of the following title: Semitism in modern history; to reform the Lebanese Government to H.R. 5385. An act making appropriations Whereas Ahmadinejad’s statements and ac- make it strong and effective and to re- for the military quality of life functions of tions occur in the midst of Iran’s relentless sist foreign domination. the Department of Defense, military con- defiance of the international community by Our Nation celebrated the courage of struction, the Department of Veterans Af- rejecting nuclear nonproliferation standards the Lebanese people in registering fairs, and related agencies for the fiscal year and the latest United Nations Security their demand for democratic govern- ending September 30, 2007, and for other pur- Council demand that Iran immediately halt ment in these elections, but we have poses. its efforts to enrich uranium; and not done enough since the elections to The message also announced that the Whereas the longstanding policy of the Ira- nian regime aimed at destroying the demo- support the democratic institutions Senate insists upon its amendments to cratic State of Israel, highlighted by state- and leaders like Pierre Gemayel have the bill (H.R. 5385) ‘‘An Act making ap- ments made by Mahmoud Ahmadinejad, un- worked to strengthen. propriations for military quality of life derscores the threat posed by a nuclear Iran: This resolution before us sends a functions of the Department of De- Now, therefore, be it clear signal that the United States fense, military construction, the De- Resolved, That the House of Representa- must do more to support these institu- partment of Veterans Affairs, and re- tives— tions if we hope to help the Lebanese lated agencies for the fiscal year end- (1) condemns in the strongest terms Iran’s commitment to hold an international holo- people achieve their dreams. ing September 30, 2007, and for other caust denial conference on December 11-12, I thank my colleague, DAVID DRIER of purposes’’, requests a conference with 2006, and any and all anti-Semitic state- California, for his strong leadership as the House on the disagreeing votes of ments made by Iranian President Mahmoud chairman of our House Democracy As- the two Houses thereon, and appoints Ahmadinejad and other Iranian leaders; sistance Commission. This commis- Mrs. HUTCHISON, Mr. BURNS, Mr. (2) reaffirms the United States commit- sion, as he has stated, has allowed CRAIG, Mr. DEWINE, Mr. BROWNBACK, ment to prevent a nuclear Iran; Members of this body to work col- Mr. ALLARD, Mr. MCCONNELL, Mr. (3) calls on the United Nations to officially and publicly repudiate all of Iran’s anti-Se- league to colleague to strengthen the COCHRAN, Mr. STEVENS, Mrs. FEINSTEIN, mitic statements made at such conference Lebanese Parliament and other par- Mr. INOUYE, Mr. JOHNSON, Ms. and hold accountable United Nations mem- liaments in emerging democracies. I LANDRIEU, Mr. BYRD, Mrs. MURRAY, Mr. ber states that encourage or echo such state- look forward to joining with him in the LEAHY, and Mr. HARKIN, to be the con- ments; next Congress to continue this impor- ferees on the part of the Senate. (4) calls on the United Nations Security tant work. f Council to strengthen its commitment to And I join my colleagues in express- taking measures necessary to prevent Iran ing condolences to the Gemayel family CONDEMNING IRAN’S COMMIT- from possessing nuclear power; and the people of Lebanon on their MENT TO HOLD INTERNATIONAL (5) reaffirms the United States long- tragic loss. We must also acknowledge HOLOCAUST DENIAL CON- standing friendship with and support for the FERENCE State of Israel; and that Mr. Gemayel is but the latest in a (6) vows to never forget the murder of mil- succession of leaders recently martyred Ms. ROS-LEHTINEN. Mr. Speaker, I lions in the Holocaust and affirms its com- in Lebanon because of their fight for move to suspend the rules and agree to mitment to ensuring that such genocide democracy, beginning with former the resolution (H. Res. 1091) con- never happen again.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.177 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8867 The SPEAKER pro tempore. Pursu- ferences on anti-Semitism were held United Nations to officially and pub- ant to the rule, the gentlewoman from with his support and sponsorship. licly repudiate Iran’s anti-Semitic Florida (Ms. ROS-LEHTINEN) and the Mr. Speaker, the resolution before statements. U.N. member states that gentleman from California (Mr. LAN- the House today condemns in the echo and encourage such statements TOS) each will control 20 minutes. strongest terms Iran’s commitment to should also be held accountable. As we The Chair recognizes the gentle- hold an international Holocaust denial all know, too many U.N. conferences woman from Florida. conference next week. The conference, and resolutions have been hijacked ir- Ms. ROS-LEHTINEN. Mr. Speaker, I entitled ‘‘Study of Holocaust: A Global responsibly to promote the same anti- yield myself such time as I may con- Perspective,’’ is clearly designed to Israel and anti-Semitic rhetoric and sume. spread the notion that the systematic actions. I personally saw this happen in Mr. Speaker, I rise in strong support state-sponsored murder of 6 million in- Durban, South Africa during a con- of House Resolution 1091 authored by nocent men, women and children, prin- ference against so-called ‘‘racism’’ 6 my good friend from Florida, Mr. cipally Jews and other targeted groups years ago which was hijacked by ex- ALCEE HASTINGS. by Nazi Germany and its collaborators tremists who used that conference to This resolution does some very im- during World War II, was either an ex- denounce the State of Israel. portant things, Mr. Speaker. It con- aggeration or a fabrication. Mr. Speaker, we also must continue demns Iran’s commitment to hold an As the only Holocaust survivor ever our efforts to prevent Iran from becom- international Holocaust denial con- elected to Congress, I am outraged at ing a nuclear power and to condemn its ference next week. attempts to deny what I know from outrageous and destructive goals of de- The Iranian leadership has been the firsthand experience to be tragically stroying our ally Israel and other source of vile and appalling anti-Se- true. Western targets. mitic statements denying the Holo- Let me be very clear: Despite b 2015 caust and calling for Israel to be wiped Ahmadinejad’s lunatic statements, the Finally, Mr. Speaker, we must re- off the map. Iran’s commitment to hold Holocaust did happen. Six million in- mind the world that in spite of the lies an international Holocaust denial con- nocent Jews and people from other tar- by revisionist historians and ference reaffirms the radical regime’s geted groups were slaughtered in this Ahmadinejad, the Holocaust in fact did hateful policy aimed at destroying the genocide. I personally suffered through occur, and millions suffered and 6 mil- State of Israel. it, and I lost virtually my entire family lion died. Iran’s continued defiance of the in this historic horror. As we see from the ongoing atrocities international nuclear nonproliferation We all remember, Mr. Speaker, in Sudan, the Holocaust saying of standards and its unrelenting support George Santayana’s famous statement ‘‘never again’’ unfortunately has not of the Shiite insurgents in Iraq as well that ‘‘those who cannot remember the proved to be true. Thus we must re- as terror groups like Hezbollah and past are condemned to repeat it.’’ commit to do all we can to stop Holo- Hamas clearly indicates that Iran’s Iran’s Ahmadinejad not only wants the caust denial, remember the past, and in reprehensible statements are more world to forget the past, he also wants doing so, not be condemned to repeat than mere rhetoric. The hateful words it to be revised in the hope that history it. We must do all we can to stop mass of the extremist regimes must be taken will be repeated with the destruction of murder and genocide whenever and seriously. Israel and the Jews. He clearly and wherever it occurs, as it does today in This resolution by Mr. HASTINGS con- forcefully demonstrated this at a con- Darfur. demns Ahmadinejad’s stated intent to ference in October 2005 when he stated, Mr. Speaker, I reserve the balance of hold the Holocaust denial conference ‘‘Israel must be wiped off the map.’’ my time. and calls on the United Nations to offi- Last July Ahmadinejad spread more Ms. ROS-LEHTINEN. Mr. Speaker, at cially repudiate all of Iran’s anti-Se- deception and anti-Western and anti- this time I am pleased to yield such mitic statements and hold accountable Israel propaganda when he sent a letter time as he may consume to one of our United Nations member nations that to Chancellor Angela Merkel of Ger- leaders on the International Relations promote such hateful statements. many suggesting that some countries Committee, Mr. BURTON of Indiana. Moreover, Mr. HASTINGS’ resolution who won World War II might have fab- Mr. BURTON of Indiana. Mr. Speak- reaffirms the commitment of the ricated the Holocaust to embarrass the er, I thank the gentlewoman for yield- United States to prevent Iran from German people and bar their progress. ing. achieving its nuclear ambitions and In August, Mr. Speaker, Iran held an I cannot imagine anybody denying vows to never forget the murder of mil- outrageous international contest of the Holocaust. Anyone who has been to lions in the Holocaust. cartoons on the Holocaust to endorse Israel and seen the Holocaust Museum To ensure that the atrocities of the and promote anti-Semitic and anti- or been to the Holocaust Museum here Holocaust must never happen again, it Israeli stereotypes, as well as Holo- could have no doubt about the tragic is critical that the world community in caust denial. We can see that his events that took place by Nazi Ger- a united and cohesive manner con- hosting this Holocaust denial con- many in World War II. demns in the strongest form possible ference next week is just one more But what I would like to talk about the actions and the statements of those abominable step in Ahmadinejad’s ugly in addition to that right now is some of who deny the Holocaust while actively journey to undermine the West, pro- the things that are going on right now planning yet another one. mote global anti-Semitism and destroy that bother me a great deal, that par- Mr. Speaker, I reserve the balance of Israel. allel this. In August of 1939 Soviet For- my time. Ahmadinejad’s declarations and ac- eign Minister Molotov stunned the Mr. LANTOS. Mr. Speaker, I yield tions are frightening not only to Israel world by signing the Nazi-Soviet Non- myself such time as I may consume, but to the entire civilized world. Iran aggression Pact under the watchful and I rise in strong support of this res- supports terrorist groups bent on de- eyes of German Foreign Minister Von olution. stroying Israel and the West. Even Ribbentrop and Soviet leader Joseph Mr. Speaker, first I want to acknowl- more serious is the fact that Iran has Stalin. They signed that nonaggression edge the efforts of the Democratic defied the international community by pact and what it guaranteed was that sponsor of this important measure, my rejecting nuclear nonproliferation there would not be a war on two fronts. friend and colleague from Florida, Con- standards and the United Nations Se- That was what Hitler wanted. And then gressman HASTINGS, who is well known curity Council’s demand that Iran halt Lord Chamberlain went to Munich and as a strong fighter in the battle against its efforts to enrich uranium. Thus, in signed an agreement saying he would all forms of bigotry, including racism the future, we could be facing an Iran give away the Sudetenland in exchange and anti-Semitism. prepared to use nuclear weapons to for peace, and what happened was we This was particularly evident in his achieve its appalling destructive goals. had a war that killed 62 million people. distinguished term as president of the Mr. Speaker, this powerful resolution Sixty-two million people. Organization for Security and Coopera- not only condemns these outrageous We are now in the Nuclear Age, and tion in Europe when a number of con- Iranian actions, it also calls for the this leader in Iran who is denying that

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.180 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8868 CONGRESSIONAL RECORD — HOUSE December 6, 2006 the Holocaust did not occur is hell-bent LANTOS, who has been stalwart in dent Ahmadinejad and Iranian leaders’ for leather to create another holocaust fighting not only anti-Semitism but anti-Semitic, anti-Israel, and anti-U.S. which, in my opinion, could kill hun- bigotry throughout this world. public acts and statements. The same dreds of millions of people, not 62 mil- I would like to start by saying that I country that spews such hatred to- lion but hundreds of millions of people, am very grateful for the bipartisan co- wards Jews is also on a determined by using nuclear weapons. And it is of operation of many House leaders to en- path towards nuclear weapon posses- great concern to me the things that he sure that this important legislation sion. But that is a whole different con- has been saying. Ayatollah Khomeini was so promptly brought to the House flict that needs to be discussed on a referred to the United States when he floor. In particular, I would like to whole different day. was alive as the ‘‘Great Satan.’’ The thank my good friends and colleagues, For today I want to just end and current leader and strongman, Aya- the majority leader, JOHN BOEHNER; focus on the topic of anti-Semitism. tollah Khameneh’i, has ruled out any Speaker-elect NANCY PELOSI; of course, Let Iran’s second Holocaust denial con- possible kind of relationship with the as I have mentioned, my extremely ference serve as a wake-up call for the United States, calling us the ‘‘Great good friend and mentor, the incoming entire international community about Satan.’’ And on October 26, 2005, ad- chair of the House International Rela- the endurance of anti-Semitism in this dressing a conference in Tehran enti- tions Committee, the distinguished world. As the president emeritus of the tled ‘‘The World Without Zionism,’’ gentleman from California, TOM LAN- Organization for Security and Coopera- Ahmadinejad, the President of Iran, TOS; the current chair of the Sub- tion in Europe’s Parliamentary Assem- said Israel must be wiped off the map, committee on the Middle East and Cen- bly, the world’s largest regional secu- described Israel as a ‘‘disgraceful blot tral Asia; and my fellow Floridian and rity organization, and someone who on the face of the Islamic world’’ and very, very good friend and colleague has traveled extensively across this declared that ‘‘anybody,’’ including the and classmate and ally in a number of globe, I am acutely aware of the preva- United States, ‘‘who recognizes Israel mutual efforts on behalf of our respec- lence of anti-Semitism not only in Iran will burn in the fire of the Islamic native constituencies; and the ranking but worldwide. Combating anti-Semi- tional fury.’’ He went on to say, ‘‘To Democratic member, GARY ACKERMAN tism fits into my world view of the im- those who doubt, to those who ask is it from New York. portance of fighting all types of big- possible, or those who do not believe, I I sincerely appreciate the assistance otry. I have dedicated my entire profes- say accomplishment of a world without of all of these colleagues in allowing sional life toward eradicating hate America and Israel is both possible and me to introduce this legislation and spewed by racists, anti-Semites, feasible.’’ And then, quoting the Aya- bring it to the floor for a vote on the xenophobes and homophobes. tollah Khomeini, he said, ‘‘Israel must second-to-last day of the legislative I greatly appreciate the fact that my be wiped off’’ the face of the Earth, year and, importantly, prior to the oc- colleagues recognize the importance of ‘‘from the map of the world, and with currence of this nasty conference. a unified international condemnation the help of the Almighty, we shall soon The haste with which this bill was of Iran’s commitment to hold another experience a world without America or brought to the floor and its bipartisan Holocaust denial conference. We have a Zionism, notwithstanding those who support is a clear testament to the im- shared responsibility to promote doubt.’’ portance this congressional body places awareness of injustice and preach tol- Now, today the Baker-Hamilton on public condemnation of anti-Semi- erance education if we ever are to suc- Commission indicated that we must tism worldwide and the desire of con- ceed in combating this widespread epi- start talking to Iran and others in the gressional leaders to rid the globe of demic of hate. region. I have never been against talk- the scourge of anti-Semitism. I certainly am deeply appreciative ing, but it is distressful to me at a time The commitment of Iranian Presi- that Mr. LANTOS and Ms. ROS-LEHTINEN when they are hell-bent to develop a dent Ahmadinejad and other Iranian saw fit to permit this matter to be nuclear program, a nuclear weapons leaders to hold a Holocaust denial con- brought to the body. program, and the whole world cannot ference on December 11 of this month Mr. LANTOS. Mr. Speaker, I want to stop them from doing it, that there is unabashed, reprehensible anti-Semi- thank my friend from Florida for his should be dialogue with them. It is tism at its worst. I learned about this eloquent statement. analogous to saying to Adolph Hitler, 2 weeks ago at a conference in Malta. Mr. Speaker, I have no further re- after he invaded Poland, ‘‘We want to And to the man and woman that were quests for time, and I yield back the deal with you.’’ They tried that. Stalin there, everyone condemned this action. balance of my time. tried it. Chamberlain tried it. And 62 More than 70 years ago, a different Ms. ROS-LEHTINEN. Mr. Speaker, I million people died. leader from a different nation rose to also want to thank my good friend What we need to do right now is do power based on his open hatred of a from Florida, Mr. HASTINGS, who is a whatever it takes to make sure there is particular group of people. He started proud defender of human rights and not another holocaust. Whatever it by forcing Jews to identify themselves freedom and liberty here and abroad as takes. And that means making abso- with the Star of David on their cloth- well. We need more of them. lutely sure that people who are hell- ing and enacting restrictive laws for Mr. Speaker, I yield back the balance bent to destroy Israel and the United Jewish shopkeepers. He ended his cru- of my time. States and Europe, if they don’t agree sade, ‘‘the final solution,’’ with the The SPEAKER pro tempore (Mr. with their religious beliefs, that they mass murder of 6 million or more Jews WESTMORELAND). The question is on are stopped from developing nuclear in extermination camps. the motion offered by the gentlewoman weapons. We must not let them develop I would recommend to Mr. from Florida (Ms. ROS-LEHTINEN) that nuclear weapons. Ahmadinejad that he do as some of us the House suspend the rules and agree This resolution deals with the Holo- have done in the past, not even requir- to the resolution, H. Res. 1091, as caust that did occur, and what I am ing of him that he meet in this Con- amended. talking about is a holocaust that we do gress our only Holocaust survivor, who The question was taken. not want to occur. And the best way to in fact suffered immeasurably, as did The SPEAKER pro tempore. In the make sure that does not happen is to his family and friends and colleagues, opinion of the Chair, two-thirds of make sure that the President of Iran at the hands of this kind of hatred. I those voting have responded in the af- and the ayatollahs over there do not would recommend to him that he do as firmative. get nuclear weaponry. I did: visit Auschwitz and Treblinka, Mr. LANTOS. Mr. Speaker, on that I Mr. LANTOS. Mr. Speaker, I am and perhaps it would be there that he demand the yeas and nays. pleased to yield such time as he may may come to learn of the horrors that The yeas and nays were ordered. consume to the distinguished author of so many people were confronted with. The SPEAKER pro tempore. Pursu- this resolution, my good friend from If ‘‘never again’’ means anything to ant to clause 8 of rule XX and the Florida, Congressman HASTINGS. us now, then we cannot ignore this lat- Chair’s prior announcement, further Mr. HASTINGS of Florida. Mr. est egregious act of anti-Semitism. The proceedings on this question will be Speaker, I thank my good friend TOM world will not turn its back to Presi- postponed.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.181 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8869 b 2030 and dedicated it to Weyerhaeuser’s dis- won’t soon forget.’’ Another volunteer aster relief coordinator, Katy Taylor, employee commented, ‘‘This experi- SPECIAL ORDERS along with the partners and volunteers ence was such a blessing. I got so much The SPEAKER pro tempore (Mr. who attended the ceremony. more from it than I felt I gave.’’ Even WESTMORELAND). Under the Speaker’s Also recognized in the White House Weyerhaeuser’s retirees participated announced policy of January 4, 2005, ceremony was the North Carolina Bap- and one reflected of the occasion to as- and under a previous order of the tist Builders, with whom Weyerhaeuser sist those in need saying, ‘‘Having once House, the following Members will be teamed up in the gulf coast relief ef- more the opportunity to work side by recognized for 5 minutes each. forts. The North Carolina Baptist side with other Weyerhaeuser employ- f Builders is a faith-based organization ees and retirees made me realize anew The SPEAKER pro tempore. Under a that set forth a large mission to re- why I enjoyed working for previous order of the House, the gen- build 600 homes along the coast. To the Weyerhaeuser so much. It’s all about credit of the Baptist Builders, the tleman from Texas (Mr. POE) is recog- the people and the values the company nized for 5 minutes. Weyerhaeuser Company recognized ascribes to. Thanks again.’’ (Mr. POE addressed the House. His their ‘‘smoothly run rebuilding oper- Testimonies such as these speak vol- remarks will appear hereafter in the ation to keep projects moving.’’ It is umes of Weyerhaeuser Company and its Extensions of Remarks.) this kind of forward thinking and dedication to its employees and others. teamwork that makes the It goes beyond helping those who are f Weyerhaeuser Company so deserving of under its employment, but it extends a WEYERHAEUSER COMPANY the Ron Brown Award. helping hand to strangers to make the I am honored to have such a wonder- world a better place to live. The SPEAKER pro tempore. Under a ful and dedicated company that oper- I am pleased that Weyerhaeuser has had a previous order of the House, the gentle- ates in North Carolina in places such long standing tradition in North Carolina and woman from North Carolina (Ms. FOXX) as Charlotte, Greensboro, Newton and especially in the Fifth District. It is without is recognized for 5 minutes. many other places, including Elkin and question an admirable and outstanding com- Ms. FOXX. Mr. Speaker, I rise today Winston-Salem in the Fifth District. pany that lives up to the highest meaning of to recognize Weyerhaeuser Corporation Weyerhaeuser Company has been oper- community service. and its wonderful community service ating in North Carolina since 1957 with Weyerhaeuser’s dedication to helping others in assisting in the relief efforts and the approximately 3,090 employees. is immeasurable and I cannot thank the com- rebuilding of the gulf coast that was The dedication of Weyerhaeuser to pany enough for the work they have done and devastated by Hurricane Katrina in the community is astounding and sets continue to do. It is truly deserving of such a August of 2005. This outstanding com- a shining example to other businesses prestigious award, and I am delighted to see pany has gone well beyond the call of about the importance of community Weyerhaeuser’s efforts have been recognized duty, truly exemplifying what commu- service and helping the less fortunate. by the Administration. Their work of its em- nity service is. To date, nearly 300 employees and re- ployees and retirees shows that there is no The Weyerhaeuser Company was in- tirees from across the United States one more deserving. corporated in 1900, and is one the and Canada have volunteered more world’s largest integrated forest prod- than 42,000 hours of their time and f uct companies, headquartered in Fed- helped rebuild 50 homes. Weyerhaeuser The SPEAKER pro tempore. Under a eral Way, Washington, employing 5,000 has a truly generous policy of allowing previous order of the House, the gentle- people in over 40 locations in 18 coun- employees 2 to 4 weeks’ paid leave to woman from New York (Mrs. MCCAR- tries. In 2005, they recorded sales of help volunteer in the rebuilding efforts THY) is recognized for 5 minutes. $22.6 billion, and the company manages of the gulf coast. Not only does it pay (Mrs. MCCARTHY addressed the more than 2.4 million acres of its employees while they are volun- House. Her remarks will appear here- timberlands in three States. I am teering their time, but it also pays after in the Extensions of Remarks.) pleased to note that of the many loca- their way and their spouses’ way for f tions of the Weyerhaeuser Corporation, the rebuilding efforts. Now, over a year IRAQ STUDY GROUP REPORT two are in the Fifth District of North later, Weyerhaeuser employees are still Carolina. participating in reconstruction efforts The SPEAKER pro tempore. Under a In recognition of their outstanding and have contributed a combined dis- previous order of the House, the gentle- community service and dedication to aster relief to date totaling more than woman from Ohio (Ms. KAPTUR) is rec- helping those who need it most, $2.8 million. This is nothing short of ognized for 5 minutes. Weyerhaeuser Corporation has been extraordinary. Ms. KAPTUR. Mr. Speaker, today the recognized with the Ron Brown Award. While I can mention some of the ac- Iraq Study Group released a reasonable This is the only Presidential award to complishments of Weyerhaeuser Com- working document that affirms the sit- honor companies, ‘‘for their exemplary pany’s contribution, it is the people uation in Iraq, and I quote, ‘‘is grave quality of their relationships with em- Weyerhaeuser has touched and the re- and deteriorating,’’ and, I quote again, ployees and communities.’’ This award sponse it has received that truly shows ‘‘time is running out for a U.S. success is presented to companies that have set the difference it has made to individ- strategy.’’ Indeed the report attests forth strong initiatives to strengthen uals, families and the community as a that 79 percent of the Iraqi people do their employees and the community whole. As one family wrote in response not believe that the U.S. presence that surrounds them, as well as pro- to the help from Weyerhaeuser volun- there is constructive; 79 percent of the mote pioneering business initiatives. teers, ‘‘Because of all your efforts, we people of Iraq do not view our presence The Ron Brown Award was originally are home! Words cannot truly express as constructive. established by President Bill Clinton the outpouring of love we have re- I have affirmed many times since the after the late Secretary of Commerce, ceived. We are eternally grateful to our Abu Ghraib prison scandal that the Ron Brown, who believed that ‘‘busi- Weyerhaeuser family.’’ This shows how Bush administration policy has for- nesses do well by doing good.’’ In my the assistance of strangers can surely feited our moral authority in Iraq. opinion, there is no better choice for touch one’s life and make their life Those polling numbers prove it again. this award than the Weyerhaeuser better and give true meaning for caring On the very day that this report was Company for its outstanding work and in the community. released, today, another 10 U.S. sol- dedication to our country. A sign of the high caliber of individ- diers have lost their lives in Iraq. At- On December 4, 2006, the chairman, uals Weyerhaeuser employs is some of tacks against U.S. forces now total president and CEO of Weyerhaeuser ac- the comments that went to the gulf more than 180 a day. And this figure cepted the Ron Brown Award from U.S. coast to help. One man noted, ‘‘The doubles with each passing year. Secretary of Commerce Carlos M. days were long and hot, the work was The report also restates our Nation’s Gutierrez at a ceremony at the White intense, but the rewards were immeas- financial commitment to the Iraqi war, House. Mr. Rogel accepted the award urable. This has been an experience I now soaring over $400 billion a year,

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.184 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8870 CONGRESSIONAL RECORD — HOUSE December 6, 2006 sapping strength from U.S. domestic The report also makes some state- he had a gun on him, and he has been priorities such as health care, edu- ments I find implausible. One is that bragging about the money he is going cation, energy independence, all much only 5,000 civilian contractors are oper- to get in a lawsuit every time we talk needed here at home. Unfortunately, ating in Iraq, from hired guns to trans- to him.’’ the report begins with this sentence, portation specialists, when in fact that While this habitual drug smuggler and I quote: ‘‘The U.S. has long-term number now exceeds over 100,000, and goes free, the families of the two El relationships and interests at stake in represents a serious and worrisome de- Paso Border Patrol agents have strug- the Middle East,’’ but then, amazingly, parture from past U.S. military oper- gled to cope for almost 2 years with fails to identify them. Obviously, one ations. If that private presence morphs this unjust prosecution and conviction. of them is oil. And the U.S., again, does into a mercenary force that occupies On October 18, an article by Sara not commit itself in this report to a Iraq as the U.S. military withdraws, Carter, she describes the devastation strong effort to restore America’s en- this would be a first in American his- that has fallen upon the Ramos family, ergy independence here at home. tory and a development I would not stating, and I quote, ‘‘They have al- In addition, the report is very iffy on welcome. most lost their home on several occa- how the oil bounty of Iraq, which has Mr. Speaker, I was disappointed to sions, they no longer have medical in- the second largest set of reserves in the read that at the U.S. Embassy in Bagh- surance, and most of the money raised entire world, will be handled in the fu- dad, which was the largest in the world for them will go to attorneys when ture. Though it makes suggestions on with over 1,000 employees, only 33 they appeal the case.’’ how to manage that oil reserve, the Americans speak Arabic. This is shock- I further quote, ‘‘Threats from asso- prospects of that being accomplished ing and dangerous and another indica- ciates of . . . [the drug smuggler] have are quite remote. The report makes tion of the shocking mismanagement left the Ramoses fearful for their chil- many recommendations that apply in of the U.S. mission in Iraq. dren’s safety. The El Paso Sheriff’s De- Iraq, but not to end America’s chief partment has had deputies monitoring strategic vulnerability, our dependence f the Ramos family since the threats on imported petroleum surely from the URGING A PRESIDENTIAL PARDON came by e-mail and phone.’’ Middle East. FOR TWO U.S. BORDER PATROL The article reports, ‘‘Ramos first Importantly, the report places the AGENTS thought when the smuggler turned to Iraq situation in a regional context, ex- The SPEAKER pro tempore. Under a plaining how what is happening in Iraq him was of his wife and three young previous order of the House, the gen- sons. He shot at the smuggler to save is operating to harm America’s stand- tleman from North Carolina (Mr. ing throughout the Middle East. It his life and his partner’s, he said.’’ Al- JONES) is recognized for 5 minutes. states how tepid international support though it is clear that the agents fired Mr. JONES of North Carolina. Mr. is for the U.S. engagement in Iraq, de- shots to defend themselves and the bor- Speaker, I am on the floor tonight to spite the President’s acclamations that der that they patrol, Ramos and bring to the attention of the House a there is a coalition of the willing. Compean were convicted mainly on the In addition, the report acknowl- situation involving two U.S. Border testimony of a drug smuggler who edging that for the United States to Patrol agents. Agent Ramos and claimed he was unarmed. draw down forces, Iraqi units must re- Compean were found guilty in a Fed- A sealed indictment for the drug place them. And then the report details eral court for wounding a Mexican drug charges forbade the defense from call- that the 138,000 Iraqi Army troops and smuggler who brought 743 pounds of ing into question the integrity of the 188,000 police units have some state of marijuana across our southern borders drug smuggler as a witness. Despite my readiness. Half of them are not up to into Texas. These agents never should repeated requests for an investigation the task, with many functions infil- have been prosecuted for their actions of this case, and a request from dozens trated by the opposition. last year, yet they have been sentenced of Members of Congress to pardon the The report presents a confusing pic- to 11 and 12 years in Federal prison re- agents, this administration has ignored ture on the issue of how long the spectively. On January 17 of 2007, both the concerns of countless citizens who United States might need to maintain agents will enter Federal prison unless have decried the unjust prosecution of its presence in Iraq. It recommends action is taken to overturn their sen- these two heroes. unit withdrawal by 2008 at some level. tences. Members of Congress and the Amer- But then, in a different section, the re- Agent Ramos served the Border Pa- ican people are outraged and concerned port states that not all U.S. combat trol for 9 years, and was a former nomi- with this administration’s indifference brigades would be needed in the future nee for Border Patrol Agent of the to the plight of these two honorable for force protection for backing up Year. men who have been crucified unfairly Iraqi units, but, of course, says many Agent Compean had 5 years of experi- by a Federal prosecutor. By using the units would still be needed. At least ence as a border agent. By attempting power of his office to pardon these two that is the inference, but it doesn’t say to apprehend an illegal alien drug agents, the President has the oppor- how many. smuggler, these agents were simply tunity to immediately reverse a grave In the end, it fails to address the doing their job to protect the American injustice. These two agents have given issue of how many combat units would people. These agents should have been years of their life to service to this Na- actually be needed and, therefore, commended for their actions, but in- tion, and have been unjustly punished leaves the door open for an extended stead the U.S. Attorney’s Office pros- for doing their job to protect our home- U.S. presence. ecuted these agents and granted full land. Admitting the difficulty it will en- immunity to the drug smuggler for his Mr. Speaker, in closing, many in tail, the report recommends restoring testimony against our agents. Congress and the people of America are broken diplomatic relations with na- b 2045 asking the President to please consider tions the administration has publicly our request and to pardon these two ridiculed, such as Syria and Iran, as The drug smuggler received full med- agents for protecting the American well as factions within Iraq and ical care in El Paso, Texas, was per- people from a known drug dealer. throughout the region with which the mitted to return to Mexico, and is now Please listen, Mr. President, we are administration has no dialogue, such suing the Border Patrol for $5 million asking you to please help. as Moqtada al-Sadr’s Mahdi faction. for violating his civil rights. Ladies The report properly identifies the unre- and gentlemen of the House, he is not f solved Israeli-Palestinian conflict as an American citizen, he is a criminal. paramount to reaching a regional On October 26, an article by Sara b 2045 peace settlement, stating clearly that Carter of the Los Angeles News Group, The SPEAKER pro tempore (Mr. neither Democrats nor Republicans quotes two of the drug smuggler’s fam- WESTMORELAND). Under a previous would ever abandon Israel, but making ily members who said, ‘‘He has been order of the House, the gentlewoman strong recommendations on how to re- smuggling drugs since he was 14 years from California (Ms. WOOLSEY) is rec- store the peace process. of age and would not move drugs unless ognized for 5 minutes.

VerDate Aug 31 2005 02:42 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.188 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8871 (Ms. WOOLSEY addressed the House. they could be ready to take on the task A lot of the Members of the Repub- Her remarks will appear hereafter in of securing Iraq by June of next year. lican Study Committee, which SAM the Extensions of Remarks.) We should force the Iraqi security JOHNSON, JOHN DOOLITTLE and ERNIE f forces to play an increased role in se- ISTOOK and I founded about 10 years curing their own country. The Pen- ago, were defeated in this elect. We TIME FOR A CHANGE IN IRAQ tagon must also redouble its efforts to have some new Members, but a lot of The SPEAKER pro tempore. Under a effectively train the Iraqi security them were defeated. I want to say to previous order of the House, the gentle- forces. them you have done a great job for woman from New Jersey (Mr. PALLONE) This past weekend, Mr. Speaker, a your country and all of you we are is recognized for 5 minutes. classified memo penned by Secretary of going to miss. I can’t name all of you, Mr. PALLONE. Mr. Speaker, it is Defense Donald Rumsfeld suggested but you know who you are. time for the stubbornness of the White that our course of action in Iraq is not I also want to say a fond farewell to House to end. Today the President re- working and the President should re- some of my colleagues from Indiana ceived recommendations from the bi- consider redeploying troops. Now, as who I think fought the good fight and partisan Iraq Study Group. This report Democrats, for months we have pro- I think did a good job for our Hoosier should serve as a wake-up call that the posed this solution of redeploying State, but won’t be with us again. MIKE status quo is simply not working, and troops out of Iraq, and the only thing SODREL, who has a great southern Indi- that both Democrats and Republicans that has happened is that we have been ana accent, I loved to rib him when he are now coming to the conclusion that vilified by the President and many of was on the radio. MIKE, we are going to we must take our troops out of Iraq. our Republican colleagues in Congress. miss you. He was very active on Agri- The President’s strategy of stay the I want to say, Mr. Speaker, that I culture Committee, the Science Com- course is not working. In fact, things support House Joint Resolution 73 in- mittee, Small Business and Transpor- in Iraq are dramatically worse today troduced by Congressman JACK MUR- tation. I don’t know how he did all of than they were 1 year ago. Consider THA of Pennsylvania last November 17 that. That must be one of the reasons that last year the people of Iraq were in 2005. he wasn’t able to win the reelection. He experiencing an average of 200 attacks I don’t want to go through that probably worked too hard up here. per week. Today those attacks have whole resolution, but I would like to Then, of course, CHRIS CHOCOLA, who doubled to more than 400 every week. make reference to the last whereas was on the Budget and also Ways and Imagine that, Mr. Speaker, living in clause and the resolve clause, and it Means. CHRIS was also from the north- a country or trying to stabilize a coun- says, Whereas Congress finds it evident ern part of Indiana. He did a great job try where 400 attacks are taking place that continuing U.S. military action in for our State. We will miss CHRIS as on a weekly basis. The situation is not Iraq is not in the best interests of the well. getting any easier for American troops United States of America, the people of JOHN HOSTETLER, who came from either. This October was the deadliest Iraq or the Persian Gulf region. Now, what we call the bloody Eighth of Indi- month for U.S. troops in more than 2 therefore be it resolved that the de- ana. He carried the Republican mantle years, and the war is increasingly a ployment of the United States forces in of leadership in that district for a very, war fought exclusively by American Iraq, by direction of Congress, is here- very long time. He did a great job, but troops. To date 12 countries have by terminated and the forces involved unfortunately this time the bloody pulled their troops out, and six more are to be redeployed at the earliest Eighth got to him. JOHN, we are going countries are planning to withdraw in practicable date. That is what I believe to miss you as well. the coming months. in. That is what I would like to see us ERNIE ISTOOK, who as I said before Now, what are our brave men and pass here. was one of the founders of the Repub- women accomplishing today in Iraq? Today I think, Mr. Speaker, it is very lican Study Group, we called it CAT, They are essentially serving as referees important to mention and to note that Conservative Action Team. ERNIE ran in a civil war between Shia and Sunni the Iraq Study Group, a bipartisan for Governor and got hit with the tide. militias. group, Democrats and Republicans, So, ERNIE, he didn’t make the gover- Mr. Speaker, we are also spending sent President Bush a strong message, norship. We are going to lose him as a billions of dollars in Iraq, money that and that is that the President’s state of Member of Congress. ERNIE, we are could be better served on domestic pri- denial about the Iraq war cannot con- going to miss you as well. You did a orities here in the United States or in tinue. The time has simply come to great job with the Republican Study combating terrorists who are making a bring our troops home. Committee. comeback in Afghanistan. f Then I want to say goodbye to some Today we are spending $8 billion a The SPEAKER pro tempore. Under a of my buddies from the 98th Congress. month in Iraq, and we are not seeing previous order of the House, the gen- There is only one of us left, the last any change on the ground. tleman from Colorado (Mr. HEFLEY) is man standing, SHERRY. There were 24 Mr. Speaker, the American people recognized for 5 minutes. of us that were elected back in 1982 and voiced their frustration with the prob- (Mr. HEFLEY addressed the House. 1983. SHERRY BOEHLERT, NANCY JOHN- lems in Iraq and demanded with their His remarks will appear hereafter in SON and MIKE BILIRAKIS were the last votes a change of course on election the Extensions of Remarks.) four. JOHN MCCAIN was the other four, day this year. But instead of listening f but he went over to that other body to the people, instead of listening to where the air is a little bit rarefied. Democrats, instead of listening to GOODBYE TO FRIENDS JOHN and I will be the only two left. countless foreign policy experts who The SPEAKER pro tempore. Under a But SHERRY, we are going miss you. I have demanded a change of course, previous order of the House, the gen- know you are going to go home and President Bush has stubbornly stayed tleman from Indiana (Mr. BURTON) is really enjoy being with your wife and the same course. recognized for 5 minutes. family and not having to run every He said there will be no graceful exit Mr. BURTON of Indiana. Mr. Speak- time you hear a bell ring. You will from Iraq, and that American troops er, at the end of every election cycle, probably hear the phone ring and go will still be in Iraq when he leaves of- we say goodbye to a lot of our friends nuts. fice in 2 years. This is President Bush’s and hello to new Members of the Con- NANCY JOHNSON, you have been a war. He initiated it, and it is now his gress. Tonight, since we are right near great friend. I will certainly miss you responsibility to get us out. the end of our session, our special ses- as well. Mr. Speaker, we must eliminate the sion, I thought I would take just a mo- MIKE BILIRAKIS, fortunately MIKE’s open-ended commitment to keep troops ment to say goodbye to some of my son has joined us from his district. We in Iraq indefinitely. The Iraqi Prime friends, whom I am not going to see are going to miss MIKE as well. I had Minister stated that his army has again, unless they invite me to their some great debates with MIKE about reached, and I quote, a good level of House for a steak dinner when I get in Cyprus. MIKE, I am going to miss you competency and efficiency, and that their region. on those debates. Maybe your son will

VerDate Aug 31 2005 02:42 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.191 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8872 CONGRESSIONAL RECORD — HOUSE December 6, 2006 take up the mantle, and we will have lates to the issues that they believe in, BIOGRAPHY OF REPRESENTATIVE SHERWOOD those debates just like you and I have. but that we will have the Congress that BOEHLERT Anyhow, goodbye to my old friends, I came to enjoy; that the partisanship Utica native Sherwood Boehlert (R–New the Republican Study Committee would include friendship and would Hartford), Chairman of the House Science members. We will miss you. Hopefully Committee, was first elected to the House of allow people to differ in the ideologies Representatives in November 1982. He is cur- you will come back and see us when and their political beliefs, but at the rently serving in his 12th consecutive term you get a chance. As I said before, if I end of the day we can say that we still representing Upstate New York. get in your neck of the woods, espe- were able to be friends. I really think Boehlert has served on the Science Com- cially you, SHERRY, I will stop by for that we all have to agree that in part, mittee since 1983, and was elected Chairman dinner. and perhaps a large part, the American in January 2001. The Committee has jurisdic- people said that in the last election. tion over all federal, nonmilitary scientific f and technology research and development The SPEAKER pro tempore. Under a I say that because tonight the epit- programs, on which the federal government previous order of the House, the gen- ome of how that works is with my spends more than $30 billion a year. The tleman from California (Mr. SCHIFF) is friend of long years, Congressman Committee has jurisdiction over NASA, the recognized for 5 minutes. SHERRY BOEHLERT, a gentleman, a National Science Foundation, and research (Mr. SCHIFF addressed the House. scholar, an American, a Member of and development initiatives within the Envi- Congress; a person who loves his dis- ronmental Protection Agency, the Depart- His remarks will appear hereafter in ment of Energy, and the Department of Com- the Extensions of Remarks.) trict, his constituents, but loves Con- merce. In addition, the Committee has juris- f gress and his country; a person that diction over civil aviation research and de- stood up to Republicans and Democrats velopment and marine research. GENERAL LEAVE for what he believed in; a person who Boehlert is a senior member of the House Mr. RANGEL. Mr. Speaker, I ask soared in popularity among those peo- Transportation and Infrastructure Com- unanimous consent that all Members ple that were concerned with our coun- mittee, serving as Chairman of its sub- may have 5 legislative days with which try, with our environment; and a per- committee on Water Resources and Environ- ment from 1995 to 2000. He remains an active to revise and extend their remarks and son that, no matter how strongly he member of that Subcommittee. include extraneous material on the believed or other people disagreed with Boehlert was a founding member of the subject of my special order today. him, never lost a friend in that process. House Homeland Security Committee, by ap- The SPEAKER pro tempore. Is there We will miss SHERWOOD. He has pointment of Speaker J. Dennis Hastert. objection to the request of the gen- fought the good fight. He set an exam- Boehlert was also an eight year member of tleman from New York? the House Permanent Select Committee on ple for all of us. But I think that the Intelligence (term limited). There was no objection. best tribute that we can pay to him is Born on September 28, 1936 in Utica, New f that maybe all of us, Republicans and York, Boehlert is a graduate of Whitesboro GOODBYE TO COLLEAGUES Democrats, would try to find out, how Central High School and Utica College Bach- did he do this? How was he able to elor of Science, 1961). Before serving as Onei- The SPEAKER pro tempore. Under a maintain his convictions, keep his head da County Executive (1979–83), he was man- previous order of the House, the gen- high, be eloquent in the debate, dis- ager of public relations at Wyandotte Chem- ical (1961–83), he was manager of public rela- tleman from New York (Mr. RANGEL) is agree with so many people, Democrats recognized for 5 minutes. tions at Wyandotte Chemical (1961–64) and and even those within his party, and, served two years in the U.S. Army (1956–58). Mr. RANGEL. Mr. Speaker, my col- at the end of the day, everyone is able Boehlert served as chief of staff for two leagues, I just would like to begin, I to say what a true gentleman SHER- area Congressmen, Alexander Pirnie (1964–72) guess, where DAN BURTON has left off in WOOD BOEHLERT is, what a great gen- and Donald Mitchell (1973–79), where he be- saying so long to so many Members of tleman he is, and, I am pleased to say, came intimately familiar with the people, Congress that we have worked with. places and issues of Upstate New York. what a great friend he has been. An avid New York Yankees fan and movie Because there are so few people here, I So I know that because of the depth think it is an indication of how we buff, Boehlert and his wife, Marianne (Wil- of his commitment, that he could never ley) Boehlert, make their home in New Hart- have legislated in terms of waiting so walk away from us in terms of commit- ford, New York. They have four grown chil- late and Members having to leave, but ment. And so as he follows through in dren and five grandchildren. When Congress I guess the most important thing that an extension of his life and terminates is not in session, he returns to Central New I wanted to say is that this legislative York each weekend to stay in touch with the that legislative part, I just want you to people who elected him to represent them in body has been very good to me, and I know that the entire delegation felt a have been here for well over three dec- Washington. sense of friendship for him. We will The 24th Congressional District includes ades. miss him, and we in the New York dele- all or parts of Broome, Cayuga, Chenango, Not only did I have, do I have, an op- gation, and I hope the Congress, will Cortland, Herkimer, Oneida, Ontario, Otsego, portunity to serve my district and my try desperately hard when we are Tioga, Tompkins, and Seneca counties. country in this Congress, but it al- tempted to do what we think our party Mr. REYNOLDS. Mr. Speaker, the upstate lowed me to meet and work with some label would want us to do, that we can city of Utica, New York, calls itself the ‘‘City of of the most exciting, intelligent and remember that some have come here as Possibilities;’’ and I rise today to pay tribute to interesting people that I never would friends; they can do their job, they can one of its sons, who saw his service in gov- have met had I not had the great honor work hard, they can disagree, and, God ernment not only as that of great possibilities, of serving here. willing, we can leave as friends. but of responsibility and achievement. This has been especially true in the Mr. Speaker, my failing eyes allowed My friend, my colleague, SHERWOOD ‘‘SHER- last decade where friendships have been me not to see my buddy on the floor RY’’ BOEHLERT will retire at the end of this very difficult to maintain, one, because when I started this talk, and I just Congress after 12 terms of proud service to of the legislative schedules that have his community, his state and our nation. want to say personally, SHERWOOD, you been so different with the small Whether it was as a Congressional staff have been a model for me, a model for amount of time that we spent here; member, U.S. Army veteran, Oneida County the New York delegation, and if people two, because we don’t travel abroad as Executive, or Member of Congress, SHERRY had known our delegation, as diverse a Congressional team; but, lastly, and I BOEHLERT saw government as a proud and as it is, perhaps they could go to their guess the thing that hurts the most, is noble profession, serving others to achieve for delegation and be able to say that, hell, that the group became not just friends, them a better quality of life. anybody, if we try hard, can be like what committee, what part of the His service on the House Science Com- SHERWOOD BOEHLERT. country you came from, but it was mittee, which began in 1983 and culminated whether you were Republican or Demo- We will miss you, but I am so glad with his election as chairman in 2001, earned crat, and that made the difference. that I am in the same State, and I SHERRY high marks for his intellect and inde- know I will be seeing more of you. pendence, his ability and his vision. b 2100 Mr. Speaker, I would like to submit As a fellow New Yorker, I have been hon- I do hope that the new Congress will Mr. BOEHLERT’s biography for the ored to be SHERRY’S friend and colleague for have just as much partisanship as re- RECORD. so many years.

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I know how committed he has been to the RY. He has served the public in a manner that forward in the democratic transformation of responsibilities of his office and those he is rarely seen today: thoughtfully, carefully, Qatar and I know we both felt that it was a serves, and the tremendous devotion he feels and with great humility. In all, SHERRY will truly momentous occasion. to this institution. leave this Congress considerably better than I thank Congresswoman KELLY for her serv- Second only to this House is SHERRY’s de- he found it, and he will be sorely missed. ice to New York and for her support for these votion to another great institution, the New It lessens the blow slightly to know that issues that are dear to me as well. York Yankees. SHERRY will not be going too far away. He will MAJOR OWENS And it was the Yankee Clipper himself, Joe be continuing his service to his fellow citizens I would like to wish a very fond farewell to DiMaggio, who once said ‘‘there is always in Washington at the Wilson Center on a my good friend and colleague MAJOR OWENS. some kid who may be seeing me for the first scholarly appointment. Undoubtedly, science The residents of our city, our state and our na- time. I owe him my best.’’ policy will continue to feel the influence of his tion are better off for his service, and on a Mr. Speaker, for more than two decades, thoughtful and dynamic approach to problem- personal level, I am better off for his friend- SHERRY BOEHLERT has always given us his solving. ship. best. Mrs. MALONEY. Mr. Speaker, the New York MAJOR has done a tremendous job for the So I ask that this Body join me in thanking delegation is a strong and unified delegation. working men and women of this country, most Representative SHERRY BOEHLERT for his serv- At the end of the 109th Congress, four of our recently serving as ranking member of the ice, and that you join me in wishing him, his colleagues and friends will be exiting Con- Subcommittee for Workforce Protections and wife Marianne, and their family our sincerest gress. Tonight, we honor them. helping lead on such important issues as rais- best wishes for great health and happiness in SHERWOOD BOEHLERT ing the minimum wage and protecting OSHA. the year’s ahead. I first commend my dear friend and col- His work on civil rights has been vital, and his Mr. MARKEY. Mr. Speaker, SHERRY BOEH- league SHERRY BOEHLERT on his service to the work on behalf of New Yorkers has been tire- LERT was my good friend. He was a wonderful people of New York and the people of this less. We have worked closely together to en- chairman and a great environmental cham- country. He has developed the reputation as sure that the recovery from 9/11 is followed pion. SHERRY was a consistent bulwark in the one of the most well-respected Members of through, and he has shown himself to be an Republican Party against drilling in the Arctic this body, and it is well-deserved. Since he insightful and hard working legislator. National Wildlife Refuge in Alaska and his out- came to Washington in 1983, SHERRY has I will certainly miss my colleague from standing leadership is one of the main rea- helped make good policy for our nation, and Brooklyn. We have served together for my en- sons why the Refuge remains a pristine wil- he has made countless friends along the way. tire time in Congress, and I cannot imagine derness today. In defending this magnificent From the minute I set foot in the halls of this place without him. I wish MAJOR nothing wilderness, he more than filled the shoes of a Congress, it became clear to me that SHERRY but the best, I thank him for his dedicated Republican General—President Dwight David was a colleague to whom I could look for hon- work for the people of New York, and I will al- Eisenhower—who had the foresight to protect est opinions, respectful dialog and sound ad- ways treasure our friendship. vice. It never mattered that he was on the the refuge for its unique environmental values JOHN SWEENEY and the backbone to resist a storm of pres- other side of the aisle. I honor my colleague and fellow New Yorker SHERRY’s legislative skill is reflected in his sure to let the drillers destroy this JOHN SWEENEY for his service. Together, we record, which includes a rise through the untrammeled corner of America forever. SHER- have collaborated on a number of issues vital RY was also the leading Republican voice for ranks of the Science Committee to the Chair- manship in 2001. On that committee as well to our state, including the recovery from 9/11 higher fuel economy standards for our nation’s to the fight for fairer homeland security funding cars, trucks and SUVs. In doing so, he stood as the Transportation and Infrastructure Com- mittee, he has a long list of accomplishments. for high-threat areas. tall for our soldiers who fight on the oil fields JOHN has always been an impassioned ad- Clearly, anyone who says ‘‘Nice guys finish of the Middle East and for the children of our vocate for his beliefs, and I have very much children who are facing a climate change ca- last’’ never met SHERRY BOEHLERT. I am glad that I have had the honor to serve enjoyed and appreciated our work together. tastrophe that we are only beginning to fath- I wish JOHN nothing but the best, and I am with SHERRY and to be able to call him my om. I was fortunate enough to have had the friend. I wish my colleague a long, happy and proud to have served with him and to call him opportunity to work with him often in these healthy life away from the Congress, and I my friend. Mr. CROWLEY. Mr. Speaker, I rise today to fights and his leadership and passion were an thank him for his friendship. inspiration to me and to everyone who knew respectfully acknowledge and pay tribute to SUE KELLY him. the distinguished careers of the four retiring I want to speak about my friend and col- Mr. EHLERS. Mr. Speaker, I rise to pay trib- Members of the New York delegation, SHER- league SUE KELLY, who has worked with me ute to my good friend and colleague, SHERRY WOOD BOEHLERT, MAJOR OWENS, JOHN for many years in the Financial Services Com- BOEHLERT. SWEENEY, and SUE KELLY. mittee, the Women’s Caucus, and the Terrorist It has been my honor to serve on the Representative BOEHLERT has served the Financing Task Force, among other things. Science Committee with SHERRY for more than people of his upstate New York district with Congresswoman KELLY has worked hard for a decade. As the Committee Chairman, his in- New York. One of the issues on which she pride for 12 consecutive terms and leaves us spired leadership earned the respect of his has been a strong voice is the renewal of now as the Republican dean of our delegation. colleagues on both sides of the aisle. SHER- TRIA. I know she shares my view that TRIA His tenure in the House will be reflected upon RY’s thoughtful approach to policy and commit- is essential for New York’s economy and with admiration and he will be remembered in ment to pragmatic, non-partisan solutions to growth and she has advocated vigorously for particular for his successful efforts at bipar- our nation’s problems have led to policies that its renewal. tisan compromise. Reaching across the aisle are both sensible and effective. Under his Like the rest of us who lived through 9/11 in numerous times, SHERRY has delivered results leadership, the Committee has elevated the New York she understands the need to pro- which have benefited not only the people of importance of the federal science and tech- vide continuing support as the city continues his native New York but which have also en- nology portfolio, promoted sound environ- to recover, and to provide economic security hanced the welfare of the entire nation. As mental and energy policies, and strengthened against the possibility of future terrorism. long-time Chair of the House Science Com- math and science education. He also rein- She has also worked hard for women. As a mittee, he has worked on a number of issues forced the scientific expertise of the Com- member of the Women’s Caucus she and I ranging from fuel efficiency and researching mittee by adding a number of seasoned sci- have worked together to advance the rights of environmentally-friendly energies to improving entists to its staff. women in many areas, and I consider this a the quality of math and science education pro- SHERRY’s unflagging optimism allowed him very important part of her service. grams for our nation’s youth. to plow through adversity and what most of us Perhaps my favorite memory of something Congressman OWENS leaves behind a dis- would consider insurmountable challenges. that SUE and I did together was our visit to tinguished record as a legislator who has de- Through even the most discouraging times, Qatar in 1999 to observe and celebrate its first voted special attention to labor and education. his generosity of spirit and his endless good democratic elections, and the first time that His commitment to social issues as a member humor has been contagious to his col- women of any of the countries in the Gulf Co- of the Congressional Progressive Caucus has leagues—even when they don’t share his operation Council had the right to vote and run also led to a number of far-reaching improve- point of view. I am certain that his endless en- for office. ments for the American people. Since his thusiasm and constant optimism will be re- Allowing women to vote and giving them the election in 1982, MAJOR has fought for school membered by all who have worked with SHER- opportunity to run for office was a major step modernization and, most recently, has been

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In serves recognition for his tireless service to mendous credit. nanotechnology, he was a force in mak- the citizens of New York State. His accom- He has been an incredible advocate ing sure that we have proper regulation plishments are felt from his northern upstate for centrist Republican positions. He in that area. The same thing is true of district down to the five boroughs of New York and I have worked together on a vari- cybersecurity. He has been concerned City. As Vice-Chairman of the Transportation, ety of those issues, going to the high- about NASA all these years. Treasury, and HUD Appropriations Sub- est levels in this House, sometimes to He has just done a wonderful job of committee, JOHN has always been a reliable extend funding in certain cir- representing the mid-part of New York source of support for the state’s small busi- cumstances, other times to fight legis- State, an exceptional job over all of ness owners and has championed projects fa- lation which was coming forward, and these years he has been in the Congress cilitating growth and job development. As a for that I will be eternally grateful. of the United States. Member representing Queens and the Bronx, He also is an environmentalist But I think far beyond that, for those extraordinaire. He probably excels in I am also personally indebted to JOHN for his of us who had a chance to know SHER- that field as much as anybody in the successful fight to secure over $21 billion in RY and to work with him, to know his recovery aid for the people of New York City House of Representatives, Republican family, to know Marianne, to know in the aftermath of the September 11 terrorist or Democrat. He is knowledgeable. He what they stand for and how they are, attacks on our city. had tremendous staff support. He car- he has the warmest embrace he could ried out his convictions on the floor. I also wish to highlight the achievements of possibly have from all of us. He is an He articulated the issues well. Representative KELLY, and in particular, her exceptional human being. And I am I don’t know of a single issue involv- sure, since he is in good health and work as a colleague of mine on the House Fi- ing the environment in which probably nancial Services Committee. She has made that he will be in Washington from 25 or 30 of us did not go to SHERRY and time to time, that we will hear from large contributions to significant pieces of leg- say exactly what do you think about him on a variety of issues. And I look islation such as the Sarbanes-Oxley bill that this, and usually we voted the way he ensures greater corporate accountability and was thinking because of his extraor- forward to that moment, being able to has led the battle to enforce corporate dili- dinary knowledge. hear from SHERRY as to what he is gence by heading initial hearings into fraud Now, I am saying nice things about thinking, as to what is going on, keep- cases involving Enron and WorldCom. Mrs. him, but I should point out some down- ing us informed on the outside and KELLY also merits appreciation for her efforts side. He is a Yankee fan. I don’t know keeping us informed on the inside as to to achieve justice for Holocaust survivors by how that happens. I think people be- what we should be doing in minding leading hearings regarding WWII restitution. I come Yankee fans because they are our P’s and Q’s. wish Representative KELLY well in future en- winners, and that is the reason he is a To a wonderful Member of the Con- deavors. Yankee fan instead of a Mets fan or gress of the United States, to a wonder- Mr. Speaker, I thank these Members for something of that nature. But he is ful individual in the United States, I their distinguished service to this Congress there, and we will have to forgive him pay all the acclaim possible to my good and I wish them the sincerest of luck on their that. friend SHERRY BOEHLERT. upcoming projects. New York State and this He comes from a region of New York f Congress are richer as a result of their con- State, up around Utica. He lives in New The SPEAKER pro tempore. Under a tributions. Hartford, New York, which happens to previous order of the House, the gen- f be an area in which I spent 4 years tleman from California (Mr. GEORGE The SPEAKER pro tempore (Mr. going to Hamilton College. He and I MILLER) is recognized for 5 minutes. MCHENRY). Under a previous order of graduated in the same year from dif- (Mr. GEORGE MILLER of California the House, the gentlewoman from ferent colleges; he, from Utica College, addressed the House. His remarks will Texas (Ms. SEKULA GIBBS) is recognized which we realized soon when we came appear hereafter in the Extensions of for 5 minutes. down here together on the floor of the Remarks.) House of Representatives. But he has (Ms. SEKULA GIBBS addressed the f been my agent, telling me about Ham- House. Her remarks will appear here- The SPEAKER pro tempore. Under a after in the Extensions of Remarks.) ilton College all these years, and I appreciate that a great deal. previous order of the House, the gen- f He also dedicated a science building tleman from New York (Mr. KUHL) is there, as the head of the Science Com- recognized for 5 minutes. TRIBUTE TO REPRESENTATIVE (Mr. KUHL of New York addressed SHERWOOD BOEHLERT mittee recently, to great acclaim by the people at Hamilton and has a warm the House. His remarks will appear The SPEAKER pro tempore. Under a spot in his heart for that. hereafter in the Extensiolns of Re- previous order of the House, the gen- Moves significantly. He has a good marks.) tleman from Delaware (Mr. CASTLE) is part of his family, of his children, have f recognized for 5 minutes. now moved to Rehobeth Beach, Dela- TRIBUTE TO DEPARTING FLORIDA Mr. CASTLE. Mr. Speaker, I also ware, and he and Marianne are hope- MEMBERS want to rise to extol the virtues of fully going to spend more time in the SHERRY BOEHLERT. I worked very hard southern part of Delaware, which I con- The SPEAKER pro tempore. Under a on trying to write something out here. sider to be very important. It is a beau- previous order of the House, the gen- It took me a while to get this together. tiful spot. Everybody here should con- tleman from Florida (Mr. YOUNG) is I am not quite as glib as the distin- sider that, as a matter of fact, as part recognized for 5 minutes. guished other gentleman from New of their future. I hope that SHERRY will Mr. YOUNG of Florida. Mr. Speaker, I rise York who spoke earlier, and I had to come there often and spend time there this evening to pay tribute to four of our Flor- think long and hard about really good and we can enjoy his company at that ida colleagues who will depart at the end of things to say about SHERRY as well. spot. this 109th Congress. But I would just like to start by saying I can’t tell you how fair he has been. CLAY SHAW, MIKE BILIRAKIS, JIM DAVIS, and a few things. If you go to SHERRY with something, he KATHERINE HARRIS have all served our great One, he is I think the most affable will describe it to you, go back and state and our great Nation with passion and person in the House of Representatives. forth, and, if he is with you, he is going with pride. They have all left their own indi- There are a lot of us here, but he al- to be on your side and he is the single vidual mark on this House as an institution, ways did things with goodwill, with a greatest advocate you can possibly and I know they will be missed by all of our good sense of humor. I am not re- have. colleagues.

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MIKE BILIRAKIS was my immediate neighbor know him over the past 26 years will miss tion for departing members of the Florida Con- as he represents the Ninth Congressional Dis- CLAY and his easygoing yet thoughtful man- gressional Delegation. trict of Florida just to my north. There is no ner. I am especially saddened that I will not see member more beloved by his constituents Mr. Speaker, KATHERINE HARRIS is one of CLAY SHAW walking these halls or voting on than MIKE BILIRAKIS as they respect him as a our delegation’s most junior members but this esteemed Floor next year. He is a class man of character and integrity. quickly established herself as one of the hard- act, a true public servant who always dem- MIKE was not a member who scheduled est working members of this House. She has onstrated grace and decency. He has been a press conferences or spoke often on the devoted her career to public service, having great mentor to me, and I can only hope that House floor. He did his work behind the been elected to serve Florida as a State Sen- I can serve in Congress with the same honor scenes and was tenacious when seeing mat- ator, Secretary of State, and member of the CLAY SHAW did for 26 years. I know he will ters through to their conclusion. You only need House for the past four years representing the now have more time for his wonderful wife to look at his efforts to provide concurrent re- people of the 13th Congressional District. and his lovely family, but I also know that I will ceipt payments for our Nation’s veterans who Among her many legislative accomplish- miss him dearly. retired from military service with a disability. ments in that short period of time were bills to MIKE BILIRAKIS has earned his retirement After more than a decade, his legislation was create more affordable housing opportunities, from public service and I wish him well. Prov- signed into law to solve this terrible inequity to provide funding for a veterans cemetery in erbs states that ‘‘A wise son maketh a glad fa- for so many veterans. Likewise, he fought tire- Sarasota, to restore equity in disability pay- ther,’’ and MIKE BILIRAKIS should be a very lessly for veterans with spinal cord injuries to ments for veterans, and to spur free trade. Mr. glad dad. I had the great pleasure of serving expand the spinal cord treatment unit at the Speaker, I want to thank KATHERINE for her with his son Gus in the Florida State Legisla- Haley VA Hospital. service here and to wish her all the best in her ture, and I look forward to working with him This is how he worked on the many other future endeavors. again in the 110th Congress. issues that were of special interest to him in- Finally, Mr. Speaker, I want to pay tribute to No one can doubt that KATHERINE HARRIS cluding health care, Medicare, seniors issues, JIM DAVIS, my colleague from the 11th District loves Florida. Her family roots run deep in the or medical research. He took his work as of Florida whom I share the City of St. Peters- Sunshine State, and no one is more proud of Chairman of the Veterans Affairs Sub- burg with and who has proudly represented our great State than her. I am honored to committee on Oversight and Investigations the people of the Tampa Bay area for 10 have served with her both in the Florida State- and the Energy and Commerce Subcommittee years. house and in this distinguished Chamber. I on Health seriously and spent considerable From his first days in office, JIM has always wish her all the best. time on the many legislative matters that fell kept his focus on fiscal responsibility through f within their jurisdiction. his work on the Budget Committee. He also FAREWELL TO FELLOW FLORIDA Mr. Speaker, MIKE BILIRAKIS is a patriot and established himself as a leader on education MEMBERS statesman and we will miss the quiet grace issues, particularly in the recruitment in re- The SPEAKER pro tempore. Under a with which he and his wife Evelyn served the sponse to severe shortages in Florida and previous order of the House, the gentle- people of Florida. For me, I will especially throughout the Nation. woman from Florida (Ms. ROS- miss him as a friend and confidant. They are As much as I will remember JIM for his leg- a special couple who I wish all the best in LEHTINEN) is recognized for 5 minutes. islative work, I will always remember the care Ms. ROS-LEHTINEN. Mr. Speaker, I join my their retirement years. And I know it is with with which he balanced his work here with his great pride that they will watch as their son esteemed colleagues this evening in paying passion to spend time with his wife Peggy and tribute to the Members of the Florida Congres- Gus is sworn-in next month to establish a new their sons Peter and William. JIM found a way legacy of service in this House. sional Delegation who will be departing this to manage the hectic schedule of the House body at the end of this week—Representatives Mr. Speaker, I also rise to pay tribute to with the need to be with his young sons as CLAY SHAW, MIKE BILIRAKIS, JIM DAVIS, and CLAY SHAW, the Chairman of our Florida dele- they have grown during his five terms here. gation. He has done outstanding work over KATHERINE HARRIS. Mr. Speaker, the Florida Congressional Del- It has been an honor and a privilege to work the past few years in keeping the 25 members egation has always worked well together in with such fine Americans throughout my ten- of our delegation communicating and focusing the best interests of the people of Florida. We ure in Congress. on the needs of our large and growing state. may have had differences of opinion on na- Therefore, it is with great sadness that I CLAY also has a distinguished record of leg- tional legislation, but we put those differences begin by paying homage to one of our great- islative success in this House. He chaired aside to work on Florida issues. With the de- est leaders in Congress, CLAY SHAW. three Subcommittees of the Ways and Means parture of CLAY SHAW, MIKE BILIRAKIS, KATH- During his 25 years as a Member of Con- Committee, leaving behind an indelible stamp ERINE HARRIS, and JIM DAVIS, we lose four gress, CLAY has demonstrated outstanding of success in many divergent areas. It was Members who have devoted themselves to service, dedication, hard work, devotion, and under his chairmanship that we passed and this House and to our State. We will miss their love for the American people and our wonder- enacted sweeping welfare reform. He was a service and their friendship but we will con- ful State of Florida. voice of reason as chairman of the Social Se- tinue to carry on their commitment to serve As dean of the Florida delegation, CLAY has curity Subcommittee as the Congress and our with honor and distinction. In closing, I join been a confidant and trusted advisor to many Nation has wrestled with the best approach to with all my colleagues who will follow me this of us. sure up the financial integrity of the Social Se- evening in wishing each of these Members the From offshore drilling, to insurance regula- curity Trust Funds. And in his latest assign- very best as they leave the people’s House. tion, to hurricane relief, CLAY has led the Dele- ment, he has advanced the issues of global gation to ensure that we work together on the trade and competitiveness as chairman of the f The SPEAKER pro tempore. Under a issues important to Floridians. Trade Subcommittee. Our delegation will never be the same with- previous order of the House, the gen- He has also been an unquestioned cham- out CLAY at the helm. tleman from New Mexico (Mr. UDALL) pion for our environment as he has been a We can only hope that our next leader will is recognized for 5 minutes. leader in the restoration of the Everglades, the be of the same caliber and possess equal (Mr. UDALL of New Mexico ad- renourishment of Florida’s beautiful beaches, skills and resourcefulness. and in fighting to prevent drilling for oil off dressed the House. His remarks will ap- It has been a true pleasure to serve with Florida’s coastline. pear hereafter in the Extensions of Re- CLAY, and I know that the legacy of his con- Mr. Speaker, in addition to his legislative marks.) tributions to this distinguished body will serve successes, CLAY is also a personal inspiration f as an example for Members both present and as he and Emilie have worked together to rep- future. IN APPRECIATION OF DEPARTING resent our Nation, our state, and the 22nd dis- I would also like to take this opportunity to FLORIDA MEMBERS trict of Florida with great energy and integrity. thank my dear friend and colleague MICHAEL Even two battles with lung cancer never The SPEAKER pro tempore. Under a BILIRAKIS for his 24 years of service to our Na- slowed CLAY’s drive to serve in this House as previous order of the House, the gen- tion. he never missed a step. tleman from Florida (Mr. MARIO DIAZ- During his time in Congress, MIKE has been Our colleagues from Florida, those who BALART) is recognized for 5 minutes. a terrific spokesperson for his constituents, served with him on the Ways and Means Mr. MARIO DIAZ-BALART of Florida. Mr. and they should be proud that he has served Committee, and all those who have come to Speaker, I rise today to express my apprecia- them with honor and distinction.

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I have been fortunate to work with MIKE on But I would like to talk about my My good friend and colleague, JOHN many different topics affecting our commu- travel partner, SHERRY BOEHLERT, a SWEENEY, also a member of the Appro- nities locally and abroad. man whom I have had the pleasure of priations Committee, represents New Together we formed the Congressional Hel- getting to know over the last 18 years York’s 20th Congressional District in lenic Caucus, a forum to promote the domes- in my service here. He is a great guy. Clifton Park, New York. JOHN served as tic interests of the Greek-American and Hel- He is loved in his home. He is loved in executive director and chief counsel for lenic communities, and we have tackled Washington by all, as you have heard the New York State Republican Party. issues of importance to the Hellenic commu- tonight, people on both sides of the JOHN served 2 more years as the New nity such as the just reunification of Cyprus aisle. He is a great baseball fan, a York State commissioner of labor and the appropriate name for the Former Yankee fan. People love the Yankees under Governor Pataki. Yugoslav Republic of Macedonia. because they are the Yankees. They He is a fellow appropriator and serves I am privileged to call MIKE my friend, and are New York. They are our brand as vice chairman of the Transpor- I look forward to our continued friendship for name. tation-Treasury Subcommittee and many years to come. He has served as a congressional HUD Appropriations Subcommittee for I also look forward to working with his son staffer for 20 years. He served for Homeland Security and Foreign Oper- ations. He is a dedicated, hardworking Gus in continuing all the good work MIKE has former Congressman Alexander Pirnie. done for Florida. So he started at the bottom and public official. His dedication to New I would also like to recognize the Rep- worked his way to the very top. York is unchallenged. He worked very hard to restore the resentative from Tampa, Florida, JIM DAVIS. He is possibly the biggest baseball Albany International Airport and the Upon arriving to Congress in 1996, JIM was fan in the Congress. He is known as a Capital Region, which is a booming air- elected as President of the incoming freshman centrist, a moderate. He served on the Science Committee port today. He helped ensure that I–87 class by his Democrat colleagues, an early in- was designated a high-priority corridor since 1983 and became its chairman in dication of his keen leadership abilities. to receive Federal highway resources, 2001. In that capacity, he has been the While we have differed on issues, we have and he led the charge to ban dangerous leading Republican environmentalist been able to come together and work for the steroid drugs in professional sports and in the House, a remarkable title and good of Florida and our constituents. throughout our society. one that certainly is fitting. JIM has served this body for over a decade, Significantly, JOHN played an impor- and his colleagues from both sides of the aisle He is recognized as a champion of tant role in the $21 billion appropria- will miss him. Federal investment in science and tion for New York City after Sep- Lastly, KATHERINE HARRIS has been integral technology. He authored amendments tember 11. part of the Florida delegation and her pres- to the Clean Air Act that have changed Lastly, my colleague and longest ence will be sorely missed. the way we breathe in this country. He serving Member to retire is MAJOR In her time here, KATHERINE has made a tre- authored the conservation title in 1996 OWENS. MAJOR OWENS has served New mendous impression on all those she came in on the farm bill, which changes the York in so many ways, representing contact with. way we drink our water. So many New York’s 11th District in Brooklyn. Not only will her constituents miss KATH- things, so many contributions to our Before coming here, he served as public ERINE, but she will be missed by her col- community. library community coordinator, com- leagues for the central role she had on all her Perhaps the greatest contribution munity action executive, New York committees, especially the International Rela- that someone in the Boehlert family city commissioner, Columbia Univer- tions Committee, where I was fortunate to made was his wife, Marianne, for the sity professor, and New York State have her as an ally on Middle East issues. time that she spent away from him senator. I also had the opportunity to travel to Iraq while he did his job here. We are deeply What a remarkable public servant he with KATHERINE, and meet with Iraqi officials, grateful to Marianne for that. I know has been. During his tenure in Con- women Iraqi leaders, and our brave troops. SHERRY looks forward to his move to gress, Congressman OWENS gained no- Her incredible optimism and keen under- MIKE CASTLE’s district and working in toriety for his role as chairman of the standing will be deeply missed by our close- the Woodrow Wilson International Cen- Subcommittee on Select Education and knit Florida family. ter, and he will serve us well there and Civil Rights in the 1980s, for his role in In closing, I would like to offer my warmest his country. the passage of the Americans with Dis- wishes to CLAY, MIKE, JIM, and KATHERINE for I would also like to pay tribute to my abilities Act, a strong supporter for the their dedicated service to our country. colleague and friend, SUE KELLY. SUE minimum wage, strong support of Whatever your next vocation may be, I am was elected in 1994 and is finishing her Davis-Bacon legislation and a strong certain that you will all continue to serve the sixth term in the Congress. She rep- supporter of workers rights to organize citizens of Florida and our great Nation with resents the West Point District of New into labor unions. dignity and I look forward to working with you York. Prior to coming to Congress, she All of these men and women have all again. had a professional career that ranged given their all for the State of New f from teacher, to small business owner, York. We owe them much. They have patient advocate, rape counselor, PTA asked little other than to serve. They TRIBUTE TO VARIOUS MEMBERS president and biomedical researcher. have been given that award by the peo- OF THE NEW YORK CONGRES- What a resume. ple of New York. Now they are going on SIONAL DELEGATION She was appointed chairman of the to something else. We wish them all The SPEAKER pro tempore. Under a House Financial Services Oversight In- the best, Godspeed, and thank you previous order of the House, the gen- vestigations Subcommittee, was a co- deeply from the bottom of our hearts. tleman from New York (Mr. WALSH) is author of Sarbanes-Oxley, and made f recognized for 5 minutes. her subcommittee a leading force in b 2115 Mr. WALSH. Mr. Speaker, I rise Congress to improve the Federal Gov- today to pay tribute to a number of ernment’s ability to track and disrupt REPUBLICAN STUDY COMMITTEE New Yorkers who have served so well terrorist financing. She also served on TRIBUTE in this Congress, some of whom are re- the bipartisan Congressional Anti-Ter- The SPEAKER pro tempore (Mr. tiring, some of whom were defeated in rorist Financing Task Force. MCHENRY). Under the Speaker’s an- the last election, all of whom have SUE has also been a great advocate nounced policy of January 4, 2005, the served our State ably. I regret, unfor- for the Hudson River and worked hard gentleman from Indiana (Mr. PENCE) is tunately, that some members of our to enact the Hudson River Habitat Res- recognized for 60 minutes as the des- very own delegation worked for the de- toration Act. She is also a chief spon- ignee of the majority leader. feat of some of these, and unfortu- sor of the Women’s Health and Cancer Mr. PENCE. Mr. Speaker, before he nately that does affect the comity and Rights Act, enacted in 1998. leaves the floor I would echo the senti- collegiality of our delegation, but we She is a good friend, we will miss her, ment of my gratitude for the friend- have to resolve that in the coming but I know she will continue to serve ship, the public service and the exam- days. her country and her community. ple of integrity of the gentleman from

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I wanted to reflect the Republicans had been in the major- this leadership hour to do what my col- a little bit about what it was like when ity in this House of Representatives. leagues from New York have just com- I first ran for Congress, what it was In fact, going back just a little bit pleted doing, Mr. Speaker, and that is like during those heady days, some of before that, one of the first trips I really taking a moment to both speak the highs and lows, some of the accom- made to Washington as a candidate for of and hear from some of our cherished plishments. Congress, I was invited to a leadership colleagues who will be moving on to The Congress itself is a living, meeting. I was star struck. Pretty soon other careers, some voluntarily, some breathing organism, and every 2 years HENRY HYDE came into the meeting involuntarily, but all of them ending we have an election, and in some re- room. I sat in the corner, and there was time, short and long, here on Capitol spects every 2 years we have an en- a big pile of the best cookies I had ever Hill that have been marked by a com- tirely different Congress. A lot of the since, and they had flasks of coffee, and mitment to principle and a commit- faces stay the same, but the dynamic is so I sat in the corner and thought I am ment to integrity. different. There will be different lead- just going to watch this like a fly on I sometimes will say, Mr. Speaker, ers. There will be different issues, and the wall and drink coffee and eat these that my ambition in Congress is to get I was so fortunate and I really do mean cookies. Pretty soon HENRY HYDE out of this place with my family and blessed that, first of all, I had a chance comes bouncing in and those who re- my reputation for commitment to prin- to serve in the Minnesota State Legis- member HENRY in his earlier days had ciple intact, and all of those that we lature. quite a bounce to his step. I was in awe will hear from tonight have accom- In that capacity, I served as what we of HENRY HYDE. I had watched him on plished that. would probably call here the whip. I C–SPAN. I had heard his speeches. I I served as the chair of the Repub- was the floor leader, and every day it was a big fan of all that he had done to lican Study Committee in this Con- was my job to help organize the debate. protect the unborn. gress and will be joined this evening I made sure that, and the years that I I am sitting in the back of the room with an assist from the newly-elected was in the position we were in the mi- and Dick Armey comes in, and pretty chairman of the Republican Study nority, but every year, every day I soon Newt Gingrich comes in, and I am Committee, JEB HENSARLING from made sure that the other side was held just sitting there, my eyes are big, and Texas, who will be helping me intro- accountable for what they said and I am watching all this. And then Bill duce and also extol the careers of those what they did and what they proposed Paxon walked into the room and he individuals who will be leaving the em- and how they voted. I really enjoyed spotted me. He said, oh, hey, we have ploy of the people of the United States that job. We had real debates in the got GIL GUTKNECHT over here, he is of America at the end of the 109th Con- legislature, unlike the Congress. going to win that seat back in the 1st gress this week. But it was really time for me to I want to begin by introducing for a Congressional District back in Min- move on, and so I decided to run for the few remarks the gentleman from Min- nesota; stand up and say a few words, U.S. House of Representatives in 1994 GIL. nesota’s 1st Congressional District. GIL and I was very fortunate. I picked a I was like a deer in the headlight for GUTKNECHT represents the peak of the good year. The issues favored us. The longer than I want to admit. Finally, baby boom generation in his career in wind was at our back. when I gained my senses I said, you public service. After serving in the I will never forget. It was kind of a know, I was born in 1951, and when I Minnesota House of Representatives cloudy day, and Members probably re- was a child, a very small child, a baby, for 12 years, GIL GUTKNECHT was elect- member that as well, but it was a ed to Congress in 1994, part of a storied Republicans were in the majority in cloudy day when we all gathered here class that brought a new majority to this House. I said I believe like Haley’s in Washington that fall to sign the Capitol Hill. He has served as the Comet our time is coming again, and Contract with America, and just as we chairman of the House Agriculture you know, I have been to auction col- went on the western steps of the U.S. Subcommittee on Operations, Over- lege. One of the things they teach you Capitol Building here, just as we sight, Nutrition and Forestry, but in auction college is to read people’s more than that he has earned a reputa- walked out there, the clouds parted eyes. As I looked around the room at tion nationally as a deficit hawk for and the sun came out. It was almost the leaders of the Republican Caucus his service while on the House Budget like it was a divine message that the that day, I could read their eyes. Some Committee. sun was going to shine on the Repub- of them were saying, yeah, right, kid, He has also throughout his career lican Party that year and it did. but one of them, and I will never for- earned many awards as a friend of the Most of us that day believed we were get, Newt Gingrich, his eyes said, yes, farmer, a friend of the taxpayer, and if going to win, and most of us did. I we are going to be in the majority. Ul- I may say so, as I yield time to the came here with one of the largest timately, Newt was right. gentleman from Minnesota, one of sim- freshman classes in the history of Re- So we came to Washington. I think ply the most plain spoken, eloquent publican Party, and I will never forget, about that little lady who had been Members of the House of Representa- when we came here we were the toast waiting 40 years for us, and I thought tives. of the town. The Republican freshmen about her often. I hope we have not let GIL GUTKNECHT has often said that he that year, we spent our days at ori- her down too much. I think maybe in believes, ‘‘Words have meaning, ideas entation and looking for apartments the last couple of years, maybe we did, matter and actions have con- and doing all the other things that but those were heady days, and we sequences,’’ and he set an example of freshmen have to do when they come made enormous progress. that throughout his 12 years here on here, but the evenings we were wined I remember coming down to the floor Capitol Hill. It is with great pleasure and dined by almost everyone. of the House with one of my colleagues, that I recognize a colleague and a I will also never forget one particular Congressman Mark Neumann from Wis- friend and inspiration for the Repub- story. We were waiting outside the consin’s 1st Congressional District, and lican Study Committee, Minnesota’s hotel, some of us, and a sweet little Mark came to town with charts. He 1st Congressional, GIL GUTKNECHT. lady came by. I guess it is not politi- was the first person that I know that Mr. GUTKNECHT. Mr. Speaker, I cally correct to say a sweet little old actually used charts on the Special Or- want to thank the gentleman from In- lady, but she had kind of blue hair, and ders. Part of the reason he used charts diana for having this Special Order. anyway, she looked at us and sort of is there had been a study done at the Woody Allen once observed that he gave a double take. Perhaps she recog- University of Wisconsin that said you was not afraid of death. He just did not nized Sonny Bono, and she said, You are 40 percent more believable if you

VerDate Aug 31 2005 02:42 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.207 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8878 CONGRESSIONAL RECORD — HOUSE December 6, 2006 use charts, and so we all started using peachment. I did believe that we would principles. There were other cross-cur- charts. But it started I think with have a chance to vote for a balanced rents. And even if they did, we simply Mark Neumann. budget agreement. need to do a much better job of telling He had this simple chart about what The high point perhaps, during my our story. it was going to take to balance the entire tenure here in Congress, was I was privileged to come to Wash- Federal budget and it was not com- when the President of the United ington with J.D. HAYWORTH and that plicated. You have to slow the rate of States, William Jefferson Clinton, freshman class, and so as I leave I will the growth of spending, so that the joined us and he issued those immortal have both some sad memories about Federal budget does not grow at a fast- words that the era of big government is how things ended, or at least they er rate than the average family budget. over. It may have been a bit premature ended for me, but I will have mostly in- Now, that is not rocket science, but because the empire has struck back in credibly fond memories of golden days you know what, we did it and it the last number of years, and as I say, and golden nights and ways that we worked. we have made a lot of mistakes on the made a difference. I remember in, and Ernie will re- way. I will close by saying this. When I go member this, too, when we locked I hope we have not let people down, to high schools and visit with students, horns with former President Clinton, but it has been a wonderful privilege I tell them a couple things. First of all, and in December of 1995 we shut the for me to serve in this very special I always tell them I am one of the government down. I remember also place. This is the people’s House, and luckiest people that they will meet when it was all over, when we finally, you know, sometimes when the slings that day, and I say that because every and if I can say this, when Bob Dole and arrows of outrageous fortune, of day I felt like I made a little difference in somebody’s life. And it didn’t nec- capitulated and ended the government electoral ups and downs do not necessarily make the papers. A lot of shutdown, I remember what Newt said essarily break our way, it is easy for us times people talk about, well, what is to me. He said, you know, it was a to blame the voters, but in the end I said in the Washington Post and did it dumb fight dumbly fought, and I think believe that the voters have a right to make the CBS News and did Fox News a lot of people thought that, but it was be wrong, even if they are wrong, but I do something about it. A lot of the an important turning point because we also believe for the most part the vot- things that we do every day don’t sent a message not only to the Presi- ers are right. I think we lost our way in dent and the administration but to the make the news. the last several years, and so they It may be a woman who calls and her American people that we were deadly began to wonder were we still the party daughter is stuck at a New Jersey air- serious about controlling Federal of reform, were we still the party that port and she has lost her passport, and spending, the growth in Federal spend- battled big government or that de- she is frantic and she says, ‘‘Congress- ing and, more importantly, allowing fended big government? man, my daughter is stuck at this air- Americans to keep more of what they b 2130 port. Can you help get her passport?’’ earned. And that is a true story. And we were We did a lot of important things. It Were we the party that was trying to able to get that young lady a passport was not just about the Contract with change Washington or had Washington changed us? And my only wish for all through the State Department in a America. We marched through those in matter of about 3 hours and get her on the first 100 days, and I remember of you and particularly the Members of the Republican Study Committee is the next plane. Now, to this day that something that HENRY HYDE said when mother thinks I am the greatest guy it was all over. He said, you know, it that you return to those time-tested principles and values, because in the who ever lived. And there are a lot of was not a 100 days that was so tough, it other things, whether it is a veteran’s end that is what this is all about. Gov- was the hundred nights. benefit, to helping people plug into the ernment will either reinforce time- We literally were in session almost right administrative issue. There all tested principles and values or it will from Monday morning early, working kinds of things that people in Congress undermine them. When government most evenings till 8, 9, 10, 11 o’clock at do every day that don’t make the news grows, freedom declines. night, but it was a wonderful time. We but we are making a difference in peo- And I am sorry, I should remember reformed the welfare system. We cut ple’s lives. the welfare rolls in half, and we rein- who said it, and now I have even for- And I do believe in that expression forced those time-tested values that I gotten the quote. But I think our that you used earlier: If you want to think have made America the special founders really understood that those change the world, you have got to first place that it is. who would trade liberty for security change your neighborhood. And if you So I was so privileged to have been will lose both and deserve neither. can’t change your neighborhood, at here as part of that, and we did make Those words were true 220 years ago least be a good example. And I think some enormous progress on so many and they are true today. the responsibility of the Republican fronts, and we literally went from a And I know that we had an inter- Study Committee is to be that beacon $250 billion deficit, and deficits for as esting debate this afternoon about the of light, but most importantly, to be a far as the eye could see, to something rights of the unborn. If you look at good example. Because both America people had even forgotten and that is what our founders said and what they and I think many Members of Congress by September 11, 2001, when we had a wrote, even Thomas Jefferson, who was want to follow it, and they are looking Budget Committee meeting that morn- not necessarily considered a religious for leadership. ing on September 11, 2001, the issue we man in the sense that a lot of our folks So thank you very much for having were talking about was what are we who were our founders, but he was a this little event tonight and thank you going to do with this big surplus. We deeply religious man. And he said that for giving me one last chance to visit were looking at surpluses of trillions of the same God who gave us life gave us with the folks here in the House Cham- dollars. freedom. ber. As I say, it has been a wonderful So it has been a very special time to Those rights and those inalienable experience. I want to thank all the be here. I really do think we lost our rights that were talked about so much folks who I worked with through the way a bit once we got into the surplus in the early days of our Republic need years, including, and especially, Mark situation, but as I think about all of to be talked about again. And I think Newman from Wisconsin’s First Con- the areas where we were able to have it really falls upon the Republican gressional District for getting us start- an influence on the course of events, Study Committee and the people who ed using charts. Thank you very much. yes, we made a lot of mistakes. I made are here, regardless of what the num- Mr. PENCE. Mr. Speaker, I yield a lot of mistakes, but this has been a bers are, regardless of what the polls such time as he may consume, as we very special time in American history. may say today, those time-tested val- see other outgoing Members arriving, I never thought when I ran for Con- ues and principles will win out. to the newly elected chairman of the gress that I would vote in effect to de- And I don’t believe the American vot- Republican Study Committee for the clare war. I never thought that I would ers voted against our values, I don’t 110th Congress, JIM HENSARLING from be called to vote on articles of im- think the voters voted against our Texas.

VerDate Aug 31 2005 02:42 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.208 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8879 Mr. HENSARLING. I certainly thank ISTOOK, for such time as he may con- the fact that we haven’t controlled the my friend for yielding time, and I did sume, with the deepest gratitude and size of government. not want to let my dear friend and col- admiration of his junior colleagues in Now, I was really happy when we had league from Minnesota depart without the Republican Study Committee, an some years during my time in Congress at least adding my thoughts as well. organization, I might add, Mr. Speaker, when we actually balanced the budget. I did a little homework this evening that Congressman ERNEST ISTOOK Boy, that was important. But you to discover that, even though my own founded during his 14-year tenure in know, when 9/11 happened it became an heritage is German, I know little about the United States House of Representa- excuse not just to spend more money it, that GUTKNECHT means good hired tives, the largest caucus in the Con- on defense and homeland security to hand in that language. And we have a gress of the United States today. I meet the security needs, but it was, good hired hand amongst us, Mr. yield such time as he may consume. what is the old adage, ‘‘in for a dime, Speaker. Mr. ISTOOK. I thank my friend from in for a dollar.’’ And we saw that. I re- I had the honor and privilege of first Indiana, and I thank everybody for member back during the Vietnam era meeting this man back in 1996 when we having a little bit of time this evening the catch phrase was ‘‘guns and but- were both involved in the Phil Graham to talk about the importance of the Re- ter.’’ If you are going to pay for guns, for President Campaign. Senator Phil publican Study Committee, the impor- you don’t have enough money to pay Graham is my dear friend and mentor; tance of conservative principles. And I for butter. You can’t be expanding so- and although that battle perhaps did really enjoyed hearing my friend GIL cial programs at the time that you are not end well, for me it cemented an ad- GUTKNECHT recount some of the things trying to take care of the defense and miration for the gentleman from Min- during his years here. Myself, I don’t the security needs of the country. nesota. And although, as you can see choose to try to talk about the things Well, we saw that some people said and the American people can see, he that have happened during the 14 even though 9/11 created some spending certainly has a folksy Midwestern way years, because really I don’t think requirements to take care of the secu- about him that really belies the fact service in the Congress is about me, rity of Americans, we still spent too that I believe him to be one of the and it is not about us as individuals; it much in other ways, and we are paying deepest thinkers that we have in this is about what do we do to carry on the United States Congress, and I know the price, the consequences. principles upon which this country was I was asked when I was first elected that his principle compass always founded, the self-government, the points in one direction. And I have seen to Congress, if there is one thing, one ideal, the understanding that God thing that you could accomplish, what this man take many, many tough made us as people able and capable to votes, and I have seen this man go would it be? And I said the adoption of govern ourselves; and not only that, to a balanced budget amendment, because against his own party when he thought live our lives without having to be con- he was right. He is a man who puts I think that is what constricts and controlled by government. country above career, and I have seen trols the size of government. You So I would like to spend my time this know, we haven’t even had a vote on a him do it time and time again. evening talking a little bit about what I believe, Mr. Speaker, that his de- balanced budget amendment here in I believe, as a principled conservative, 1 parture from this body is not only a this House in 11 ⁄2 years. I have become as somebody who believes, yes, in eco- loss to him, but as I have the great the principal author of the balanced nomic conservatism and social con- honor and privilege in the future to fol- budget amendment, but unfortunately servatism. But it is really based upon low my dear friend from Indiana and the people in charge of bringing things the premise that God made each of us chair the conservative caucus of the through committee and to the floor as capable individuals, and that we 1 House, the Republican Study Com- haven’t brought it here in 11 ⁄2 years. have the free agency to make decisions mittee, that certainly his wisdom, his for ourselves. And conservative prin- insight, his leadership will be sorely b 2145 missed. He is a great leader. He has ciples enable us, enable us, to fulfill that destiny rather than having our I think that is one of the reasons done great for the people of Minnesota, that we have the difficulties that we he has done great for the people of lives dictated to us by government. I fear, of course, that the pendulum do: We don’t require government to America, and I am proud to always call has gone too far in the United States. live within its means as all of us have him my friend. Government is too big, it spends too to do when we sit around the kitchen Mr. PENCE. ERNEST ISTOOK began his table and try to balance the family career in Congress in November of 1992, much. And, of course, any government budget. Maybe we need to install a serving as a distinguished Member of that is big enough to give you every- the House Appropriations Committee thing that you want is powerful enough kitchen table here in the Congress so where he served as the chairman of the to take everything that you have got. we can sit around it and actually have Transportation and Treasury Appro- And I know the year that I was born, to balance things. priations Subcommittee. which was 1950, the typical American I certainly hope that if the people Before arriving in Congress, he family, in Federal income taxes, paid that are here in the 110th Congress served as a city councilman in Okla- something like 2 or 21⁄2 percent of their don’t do anything else, bring back the homa City, and during that time also annual income in Federal income balanced budget amendment. It was sat on the board of many local inter- taxes. Today, on average, it is closer to the number one item in the Contract ests. He also served in the State legis- 10 times that amount. Now, that tells With America in 1994, and it is a sad lature there in the Sooner State, begin- you something about what is going on. travesty that it hasn’t even been voted ning in 1986. ERNEST ISTOOK leaves us And when you look at what has hap- on in this body in some 11 and a half after 14 years of service in the United pened here in Washington, D.C., and years. States House of Representatives, and the voters sent a message if people here We have been entrusted with the he takes with him not only an opti- will just listen to it. And what is the power to govern, and where much is mistic, cheerful conservatism that was common factor, whether you are talk- given, much is expected. We have to be the source of mentoring to me and ing about the level of spending, the more in tune with the American peo- other conservatives in the Republican amount of earmarks, the bridge to no- ple, and we have to talk to the Amer- Study Committee for many years, but where, whether you are talking about ican people about correct principles. he really takes his greatest asset, campaign finance issues, ethics issues, Too often we hear there is a problem; which is his wife Judy, who, while she lobbying issues, it all happens because therefore, government needs to step in did not become the first lady of Okla- big government creates big problems, and be the solver of problems rather homa this year, she was I think the big government creates big lobbying, than the creator of problems. What was first lady of the Republican Study big government creates a big need to the Ronald Reagan line, too many peo- Committee for many years and will al- defend yourself against it. So every- ple that if something moves, tax it; if ways be so in our hearts. thing that we have that I think has it keeps moving, regulate it; if it stops I recognize the gentleman from the caught the attention in a negative way moving, subsidize it. We have seen that Fifth Congressional District, ERNEST of the voters this year traces back to too much.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.209 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8880 CONGRESSIONAL RECORD — HOUSE December 6, 2006 We need to stress personal responsi- I want to say again how proud I am Mr. SODREL. Mr. Speaker, I thank bility more than government pro- to know this man and celebrate his the gentleman for those kind words, grams. That is what we have gotten work to try to balance the Federal and for his commitment to the Repub- away from. budget as families have to balance lican Study Committee. I will be short. The most important thing that each their budget every single day. In fact, a reporter accused me when I of us will do happens with our families. And even more importantly, Mr. first arrived here of being laconic. I I am so grateful for my wife, Judy, and Speaker, for the work that he has done have to admit I had to go look that up. for my five children, Amy, Butch, to ensure that in this Nation that it is It means being relatively stingy with Chad, Diana, and Emily, and what they truly one Nation under God because we your words. He asked me two ques- mean to me. But no wife could have know that our unalienable rights are tions, and I said ‘‘yes’’ and ‘‘yes,’’ not been more supportive than my wife granted to us by our creator, and that realizing it was the job of a Member of Judy has been. I am eternally grateful unless we champion the cause of public Congress to elaborate on all of these to her, and want her to know how very affirmation of faith, we cannot pre- things. much I love her. serve liberty unless we know and allow As I listened to the previous speak- You see, I believe the most important people to affirm their faith in public ers, if you want to know what hap- work I ever do, or any of us will ever do that these rights are given by God him- pened in this election, you can walk does not happen within the halls of self, and that is the work of Ernest over to the Science Committee. In the Congress but within the walls of our Istook, and I am proud to know him. hearing room one of the first things I own home. We need that principle. We Mr. PENCE. I thank the gentleman noticed in the wood paneling behind need to remind Americans that they from Texas. Members in gold-leaf lettering was are given God-given blessings. Mr. Speaker, this was a time of tran- Proverbs 29:18: Where there is no vi- As was stated in the Declaration of sition in particular for my home State, sion, the people perish. We failed to Independence, we hold these truths to the Hoosier State. Indiana this year give the people vision; not the fault of be self-evident that all men are created will bid farewell to the extraordinary the Republican Study Committee, but equal, that they are endowed by their service of Congressman JOHN it was our fault generally, failure to creator with certain inalienable rights. HOSTETTLER of southwestern Indiana give the people vision. Among these rights are life, liberty, and to a two-term congressman from I know the RSC has a vision, and I and the pursuit of happiness. That to the land of Notre Dame in South Bend, encourage you to not only keep the vi- secure these rights, governments are Indiana, Congressman CHRIS CHOCOLA. sion, communicate the vision, and in- instituted among men. Throughout both of their careers, sist that others listen to the vision. What did they say: Government ex- they have been men of integrity, com- It has been my distinct honor to ists to protect the rights that were mitment to their families, and in the serve in this body, serve my district given to us as a gift from God. We need case of Congressman HOSTETTLER and and my State and my country for the to remember that truth. We need to Congressman CHOCOLA, they are both last 2 years. I had the privilege of vis- follow that principle. We need to abide men who throughout their career in iting my former unit, the 151st Infan- by that as the Founding Fathers Congress were active members of the try when they were deployed in Af- taught us to do. Republican Study Committee and they ghanistan. They are fine people and So I am grateful for the people in brought the principles of their conserv- represented our State and country this body who hold true to those be- ative values day in and day out to com- well, and acquitted themselves well in liefs, who believe in the capabilities, mittees and to this floor. the field. the dynamic abilities of the American Another example of that is Congress- And in typical Hoosier fashion, and I people. I believe America rests upon man MIKE SODREL who joins us on the would like to recognize them here to- four pillars that we must keep strong floor today. Mike and his wife, Keta, night, their mission, according to the and solid: Freedom, free enterprise, who most members of the Republican military was security and training. faith, and family. It is my prayer that Study Committee have come to know They couldn’t go home in the evenings, we will each strengthen each and every well since he was sworn in as the con- so they took on a third mission which one of those pillars. Thank you for let- gressman for the Ninth District of Indi- was humanitarian. In partnership with ting me speak this evening. ana in January of 2005, have made an Graceland Baptist Church in New Al- Mr. PENCE. I thank the gentleman extraordinary impression on the heart bany, they provided money and class- from Oklahoma’s Fifth Congressional of our caucus and the heart of this Con- rooms and blankets and virtually any- District for his service, his founding gress in a relatively short period of thing that the people of Afghanistan service to the Republican Study Com- time. needed that they could supply. mittee, and would recognize our nearly MIKE SODREL served in the Army Na- They also had a skill set that you elected chairman for a few brief re- tional Guard from 1966 to 1973. In 1976, don’t find in a typical infantry bat- marks. Congressman MIKE SODREL and his wife talion. The commanding officer, Lieu- Mr. HENSARLING. I thank the gen- Keta scraped together a few dollars and tenant Colonel Grube, was a 6th grade tleman for yielding, and I wish to add bought a truck and turned it into one schoolteacher. Sergeant First Class my own meager voice to those who cel- of the most prolific and successful Scott Hamm was manager of the Silver ebrate the career of Ernest Istook, transportation companies in the Mid- Creek Water Company. So it didn’t truly one of the great leaders in the west. matter what the locals needed, if you conservative movement in the last dec- A veteran Indiana political reporter needed water, you called the 151st. If ade. called MIKE SODREL, upon his election you needed a classroom built, you Certainly his vision, his forethought, Congress, ‘‘the closest thing to Mr. called the 151st. They had carpenters, his courage to help found the modern Smith goes to Washington as I think electricians, they had all of these civil- Republican Study Committee has been you will find in Congress.’’ ian skill sets. And being just one step critical to any progress that the con- MIKE SODREL and I come dialec- out of civilian life and being of a high- servative movement has achieved in tically from a very different part of our er average age than a normal infantry this House. And, Mr. Speaker, it has State. Pronunciation of words is a lit- unit, and a lot of them being married been much. It has been much. tle different farther south of Highway with children, they related well to the So as a Texan, I will certainly miss 40. I hope however long the Lord per- local folks. So I had the privilege to my colleague from north of the Red mits to serve the people of Indiana in visit them in Afghanistan and see what River. Again, as the incoming chair- this place, that I will serve with the in- kind of job they did and how they rep- man of the Republican Study Com- tegrity every day to principles and resented the State of Indiana in that mittee, I will certainly miss the wis- family and to conservative values that theater. dom and leadership that he has to pro- the gentleman from Indiana served. I really have nothing else to add vide. But I know that he hopefully will I yield to the congressman from the other than it has been my honor and not go far and be available to us at all Ninth Congressional District of Indi- privilege not only to serve in this insti- times. ana. tution, but to serve with people like

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.211 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8881 my colleague from Indiana, Mr. PENCE, States House of Representatives, a man Ways and Means Committee, which is and I appreciate your service as chair- who brought principled conservative one of the most powerful legislative man of the Republican Study Com- reform to American environmental pol- panels in Congress. J.D. also added an- mittee and I appreciate your integrity icy, RICHARD POMBO, will be receiving other key subcommittee assignment to and hard work and I hope that you will the Congress and our caucus this year. his duties for the 109th session of Con- certainly carry on. And a man I might lastly add, JIM gress. He served on the Ways and Mr. PENCE. I thank the gentleman RYUN of the Second Congressional Dis- Means Subcommittee on Health during for his gracious words. I know that I trict of Kansas, a five-term Member of a particularly crucial time, the debate speak on behalf of all of the people of Congress, a budget hawk, but a man over the Medicare prescription drug en- Indiana when I express my gratitude who along with his wife, Anne, have titlement. He was a key voice in ensur- for your career of service that we know simply been in the business of minis- ing that there were free market re- will be ongoing. Just the hours will be tering to families in this institution forms included in that legislation as it better, but we are grateful for your every day they have been here. JIM moved through the Congress. He also, participation in allowing us to embar- RYUN came to global fame as the world being a westerner, served on the Re- rass you tonight. record holder in the high school mile, a sources Committee, which has jurisdic- I want to yield to the gentleman record that he held for 36 years until tion over public lands, water, Indian af- from Texas. one day when we walked from the Cap- fairs. He has been a powerful voice for Mr. HENSARLING. Mr. Speaker, I itol together and he received word of a reform and private property and hu- want to add my voice to say that Con- young Virginia teenager who had manity in the development of those gressman SODREL will be missed. His bested him. policies. cheerful countenance will be missed. In Since coming to Washington, DC, Mr. b 2200 getting to know him, I got to know a Speaker, as anyone looking in tonight man of courage who would always vote And JIM RYUN in his typical style might also know, he has become simply on principle, who knew what needed to jumped in the car, drove to meet with the most prominent Republican on the be done and would do the right thing that high schooler, and congratulated airwaves of the Nation. Whether it was regardless of the consequences, a man him. JIM’s faith, his integrity, his char- radio talk shows, whether it was tele- who has served his Nation well, and acter, his voice will be missed in this vision programs on every single net- like the other gentleman from Indiana place as will the charm and ebullience work, there has been no more compel- has said, will serve his Nation well of his wife, Anne. ling voice for conservative values, no again in the future. Lastly I would just mention the staff more compelling voice for a strong Mr. PENCE. I thank the gentleman of the Republican Study Committee. stand on immigration in America. for his remarks. During my term as chairman of the Re- There has been a no more passionate Mr. Speaker, before we bring a Mem- publican Study Committee, we have voice for conservative fiscal and social ber of Congress who is the appropriate had not one but two extraordinary ex- policies than the gentleman from Ari- clean-up batter tonight in this Special ecutive directors. Sheila Cole served as zona. Order celebrating the life and career of the executive director during the first I yield to Mr. J.D. HAYWORTH. members of the Republican Study year of my tenure, a tumultuous time Mr. HAYWORTH. Mr. Speaker, I Committee, I cannot help but feel that where the winds of change and cir- thank my friend from Indiana for an we have loaded the bases and the Babe cumstances buffeted House conserv- overly generous introduction and one that I will cherish and agree with is about to come to bat. At the risk of atives, and our staff led by Sheila Cole, wholeheartedly. having to interrupt him, which I have a courageous woman who has gone on to be an at-home mom, we simply I would also be remiss, as I was lis- not done in my 6 years in Congress and tening to his statements earlier and as would not have the courage to do to- would not have been able to achieve what we achieved in impacting the pol- he very generously offered a sports night, allow me to do a little house- analogy and spoke of the ‘‘Sultan of keeping before that and mention the icy of this Nation for fiscal discipline and conservative pro-life values had Swat,’’ the great bambino, George Her- names of BOB BEAUPREZ of Colorado’s man Ruth, for purposes of full disclo- Seventh Congressional District, a dairy Sheila Cole not been at the helm. And if I might also add Dr. Paul Tell- sure, at least I have lost the Ruthian farmer, community banker, a United dimensions here in my midsection, al- er, who stepped into her stead and States Congressman and a member of though I have maintained the skinny served and led the staff of the Repub- the Study Committee. legs but, alas, not the ability to hit the lican Study Committee with equal dis- MARK GREEN of Wisconsin served his long ball besides in a metaphorical tinction. Whether it be his passion and fourth term in the United States House fashion here on the floor. Mr. Speaker, guidance on fiscal issues, whether it be of Representatives with impressive, despite that generous introduction, for his capacity to build coalitions within populist leadership. purposes of full disclosure, we should the Congress or his professionalism in We have heard from GIL GUTKNECHT point out that to put it delicately, I informing Members in a timely way of tonight. was involuntarily retired from this the issues that we confronted as a cau- MELISSA HART, a cherished member body. One who served here before, a of the Republican Study Committee cus, Dr. Paul Teller has provided excep- great gentleman, Stan Parris of Vir- from Pennsylvania’s 4th Congressional tional leadership to this organization. ginia, when I first met him, he said, District, was elected in the year 2000. And I know that his future is so bright ‘‘J.D., I retired from the Congress be- Her district included southwestern that he has got to wear shades, and we cause of ill health. Pennsylvania, and she rose swiftly in thank Dr. Paul Teller. I said, ‘‘Oh, really?’’ this institution to some of its most im- To Russ Vought, to Joelle, to Derek, He said, ‘‘Yeah. The voters of my dis- portant committees and most powerful to the balance, Mr. Speaker, I would trict got sick of me.’’ positions in the national party. She is just add to the RECORD tonight my So perhaps, again, to be perfectly a voice that we will hear and see again humble and heartfelt gratitude. Any- candid, there was some of that at work soon. thing that we have accomplished as a as well. We heard of JOHN HOSTETTLER to- caucus, we have accomplished because And my friend from Minnesota who night from Indiana’s Eighth Congres- of an extraordinary staff. preceded me here in the well, along sional District, and from ERNEST With that said, allow me to yield to with my friends from Indiana and from ISTOOK of Oklahoma’s Fifth. our last speaker of the evening, Mr. Oklahoma, offered varying perspec- ANNE NORTHUP, a feisty, strong, prin- Speaker. He is the gentleman from the tives, but they are variations on the cipled conservative who served the Fifth Congressional District of Ari- same theme: What a great honor it is Third Congressional District in Ken- zona. J.D. HAYWORTH represented Ari- to serve in the people’s House. And tucky since 1996 is retiring, and she zona’s Fifth District, which includes many take their leave in different fash- and her tenacity will be missed. Scottsdale, Tempe, and its environs. ion. From California’s 11th District, fin- First elected in 1994. He was the first History notes that the great Davy ishing his seventh term in the United Arizonian ever to serve on the House Crockett of Tennessee, when informed

VerDate Aug 31 2005 02:42 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.212 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8882 CONGRESSIONAL RECORD — HOUSE December 6, 2006 of his election loss by members of the And in this constitutional republic, b 2215 press, invited those gentlemen from Article I, Section 1, ‘‘All legislative The SPEAKER pro tempore (Mr. the fourth estate to visit a ‘‘nether re- powers herein granted shall be vested DENT). The gentleman from Indiana gion’’ as he instead would head for in a Congress of the United States.’’ has 30 seconds remaining. Texas, as the gentleman from Texas re- And in the initial inception of this par- Mr. PENCE. I would like to yield the members. ticular institution, in the inception of balance of that to the new chairman of And again to be perfectly candid, Mr. our founders, one constitutional office the Republican Study Committee, Mr. Speaker, we would be less than human, directly accountable to the people, de- HENSARLING of Texas. we would be less than honest if at cided by popular vote, and given the Mr. HENSARLING. I thank the gen- times during this difficult period of fact that events could change a mecha- tleman for yielding. transition we were not tempted to offer nism through a fairly short term of 2 All I can say, Mr. Speaker, is that the recommendations of Mr. Crockett years so that the body politic could God only made one J.D. HAYWORTH. to those, although I hasten to add to make those changes representative of And right now he is saying, ‘‘Well done, my friends from the Lone Star State I their change in priorities and their good and faithful servant.’’ What a shan’t be following them to Texas. And change in outlook. And despite all the powerful orator. hopefully should I return to the media, flaws and the foibles and the pitfalls Mr. Speaker, tonight we celebrated Mr. Speaker, I won’t be sent to those and pratfalls of the human experience, the congressional careers of proud sons other nether regions, come to think of it has worked remarkably well. Wheth- and daughters of the Republican Study it. Committee, proud sons and daughters There is a saying, Mr. Speaker, that er the disappointment voiced by one we laugh to keep from crying, and it is Davy Crockett and others in other of the Republican Party, proud Mem- not my intent to launch into an overly ways finishing second in elections, bers of this body who have served their maudlin remembrance tonight in this again, a euphemism for losing elec- Nation well. valedictory. And while I appreciated tions, we have put aside personal dis- We thank you, Mr. Speaker. my friend from Oklahoma talk about appointment to give thanks that here f we settle questions with balance, not the principles of self-government, I FURTHER MESSAGE FROM THE bullets. fear that some will hear these remarks SENATE and say, well, you have got the first And as we reflect on all the talk that A further message from the Senate part right because it turns out being we have heard during the course of the by Ms. Curtis, one of its clerks, an- about self. Not entirely, but, again, it campaign that there should be a new nounced that the Senate has passed should be noted that those of us who bipartisanship, a new nonpartisanship, without amendment bills of the House come here and serve, Republican, Dem- for purposes of full disclosure, let us of the following titles: ocrat or independent, from across this understand that many items and many H.R. 854. An act to provide for certain country do share one basic char- actions pass through this institution acteristic: None of us suffer from a lands to be held in trust for the Utu Utu through unanimous consent, but on Gwaitu Paiute Tribe. shortage of self-esteem. major questions, it is inevitable that H.R. 1472. An act to designate the facility And during my time here, Mr. Speak- free people will have different perspec- of the United States Postal Service located er, I have seen incredible things. Yes, I tives. And it is well and it is good and at 167 East 124th Street in New York, New will talk policy. I will get to that, but it is proper for a free people to freely York as the ‘‘Tito Puente Post Office Build- given my reputation according to debate and discuss and advocate dif- ing’’. H.R. 4246. An act to designate the facility Washingtonian Magazine as only the ferent positions, and here with this second biggest windbag in Congress, I of the United States Postal Service located marvelous mechanism of representa- at 8135 Forest Lane in Dallas, Texas, as the am bucking tonight to go a little fur- tion, the people decide. ther afield. Now, in all sincerity, Mr. ‘‘Dr. Robert E. Price Post Office Building’’. H.R. 4720. An act to designate the facility Speaker, I have seen on this floor and My friend from Oklahoma spoke of bringing the kitchen table in. Mr. of the United States Postal Service located in this institution acts of incredible at 200 Gateway Drive in Lincoln, California, kindness. I have also seen acts of un- Speaker, I would offer another room in as the ‘‘Beverly J. Wilson Post Office Build- speakable pettiness. I have seen poli- the house. Mr. Speaker, in essence, this ing’’. cies embraced with foresight and vi- hallowed Chamber is America’s living H.R. 5108. An act to designate the facility sion, and I have seen actions taken room. And here we gather to discuss of the United States Postal Service located that have wreaked of the expedience of the challenges we face as a people. And at 1213 East Houston Street in Cleveland, the nanosecond. I have seen the great we have our arguments and we have Texas, as the ‘‘Lance Corporal Robert A. our times of agreement, and despite Martinez Post Office Building’’. and good. I have seen the bad and ugly. H.R. 5736. An act to designate the facility In short, Mr. Speaker, I have seen here many challenges and many disappoint- of the United States Postal Service located in the people’s House the full range of ments, somehow we get it done. at 101 Palafox Place in Pensacola, Florida, as the human experience. Mr. Speaker, Mr. Speaker, one word in closing. I the ‘‘Vincent J. Whibbs, Sr. Post Office my colleagues, that again reaffirms the would be remiss if I did not thank my Building’’. genius of our Founders in naming this H.R. 5857. An act to designate the facility family. My wife, Mary; my kids, Ni- of the United States Postal Service located institution the House of Representa- cole, Hannah, and John Micah; my par- tives, because just as so many have at 1501 South Cherrybell Avenue in Tucson, ents; so many who have given me much Arizona, as the ‘‘Morris K. ‘Mo’ Udall Post come from so many different walks of such support. My colleagues who join Office Building’’. life, we have seen representative be- me here in this Congress with the new H.R. 5923. An act to designate the facility havior that has been of incredibly high majority. But most of all, the people of of the United States Postal Service located standards, and to be candid, we have Arizona, who for 12 years gave me the at 29–50 Union Street in Flushing, New York, seen other less desirable traits. But opportunity to represent them in the as the ‘‘Dr. Leonard Price Stavisky Post Of- fice’’. stop and think about what our Found- Congress of the United States. ers have wrought. Understanding, as H.R. 5989. An act to designate the facility I do not know what is next, but I do of the United States Postal Service located my colleague from Oklahoma talked at 10240 Roosevelt Road in Westchester, Illi- about, what separated this new experi- appreciate the words of the Prophet Jeremiah: ‘‘For I have plans for you,’’ nois, as the ‘‘John J. Sinde Post Office Build- ment in this new world from the mon- ing’’. archies of Europe, from other govern- sayeth the Lord, ‘‘plans to prosper you, H.R. 5990. An act to designate the facility ments instituted among men, the no- not to harm you. Plans to give you of the United States Postal Service located tion that our Creator endowed us with hope and a future.’’ at 415 South 5th Avenue in Maywood, Illi- rights and we the people voluntarily Mr. Speaker, my colleagues, public nois, as the ‘‘Wallace W. Sykes Post Office conferred power, political power, on service is not always defined by public Building’’. H.R. 6078. An act to designate the facility the government; that first God, office. And for all the American people, of the United States Postal Service located through the freedoms granted us, gave let us join in a prayer that the future at 307 West Wheat Street in Woodville, us that ability to voluntarily confer of our republic will forever remain Texas, as the ‘‘Chuck Fortenberry Post Of- power on this government. bright. fice Building’’.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.213 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8883 H.R. 6102. An act to designate the facility short in others, and I would like to ad- of leadership in the civilian ranks in of the United States Postal Service located dress both places where it is stunningly the Secretary of Defense. He was bound at 200 Lawyers Road, NW in Vienna, Vir- accurate and amazingly candid and re- and determined to have his Vice Presi- ginia, as the ‘‘Captain Christopher P. Petty freshingly real and the places where it dent say that we were dealing with and Major William F. Hecker, III Post Office Building’’. falls short in what we really have to do dead-enders and that this was just a H.R. 6151. An act to designate the facility to accomplish our true national inter- matter of a short period of time to roll of the United States Postal Service located ests in Iraq. up the opposition in Iraq. Every single at 216 Oak Street in Farmington, Minnesota, Before I do that, though, I think it is one of those statements by the Presi- as the ‘‘Hamilton H. Judson Post Office’’. appropriate in talking about Iraq and dent of the United States was flat The message also announced that the our obligation to our soldiers there, wrong. Senate has passed with an amendment like my neighbor’s son, just for a mo- Then we had Tuesday, November 7 a bill of the following title in which the ment to ask how we got in this current came along and the American people concurrence of the House is requested: predicament in Iraq. We went into Iraq gave a very strong verdict to the Presi- H.R. 864. An act to provide for programs with two goals: One goal was to remove dent’s stay-the-course position. We and activities with respect to the prevention Saddam Hussein, a brutal dictator, hope that has been a sobering influence of underage drinking. from power, to give the Iraqi people the on the White House. Secondly, we had The message also announced that the chance to restore some dignity and this Iraqi Study Group report come Senate has passed a bill of the fol- freedom to their country. That mission out. We hope that the combination of lowing title in which the concurrence was accomplished through the incred- those two events will knock the White of the House is requested: ible, efficient and courageous act of House off its pedestal into a position S. 4050. An act to designate the facility of our military men and women in fairly where it will work with the U.S. Con- the United States Postal Service located at short order. It was accomplished. It has gress to get our troops home. It re- 103 East Thompson Street in Thomaston, been now accomplished for over 3 mains to be seen whether or not those Georgia, as the ‘‘Sergeant First Class Robert years. That is mission accomplished, two events have that desired effect. Lee ‘Bobby’ Hollar, Jr. Post Office Build- truly. I would like to allude to this report ing’’. The second reason we went into Iraq now. There are things in this report f was to make sure that there were no that I think have not been in the news IRAQ weapons of mass destruction in Iraq. that I have reviewed, that I think it is Despite scouring Iraq with a fine- important to realize in substantial de- The SPEAKER pro tempore. Under toothed comb and literally billions of tail, and the reason is that this report the Speaker’s announced policy of Jan- dollars trying to find any scent, any is the most categorical, clear, objec- uary 4, 2005, the gentleman from Wash- hint, any fingerprint, any dust of tive, bipartisan and well-reasoned re- ington (Mr. INSLEE) is recognized for 60 WMDs, that has been eliminated as a jection of President George Bush’s as- minutes as the designee of the minor- threat because it did not exist in the sessment of the conditions in Iraq that ity leader. first place. Our two national missions you will find. It was bipartisan, as peo- Mr. INSLEE. Mr. Speaker, I come to in Iraq have been complete now for ple know. It had people, I don’t think the well of the House today to address some time. any of whom had been against the Iraq America’s predicament in Iraq and I do We have had a third national mission war when it started, I don’t believe, so with the thoughts of my neighbor’s in Iraq that comes not out of our self- wiser heads who had been around pol- son who tonight is serving in Baghdad interest as a Nation but out of our obli- icy for many years in this country, and as many of our proud men and women, gation as a fair country to lead the unanimously they rejected the halluci- sons and daughters, husbands and world in caring for our neighbors, and nations of the White House that things wives are serving. I am going to have that is to give the Iraqis a fair oppor- were going okay in Iraq. And it is long his future in mind during my com- tunity to form a government and take overdue to have had a pronouncement ments today. I know my colleagues, control of their own destiny. We now from Washington, D.C. to that effect. both Republicans and Democrats, share have been at that mission for longer So, if I can, let me allude to what these views. They have their own kin than we were fighting World War II. their conclusions have been. Number and neighbors. That mission is accomplished. We have one, and I will quote: My neighbor was one who is the given the Iraqi people every oppor- ‘‘The situation in Iraq is grave and young man I watched growing up play- tunity to form a meaningful govern- deteriorating. The government is not ing peewee football in Bainbridge Is- ment in Iraq at this time. Yet our sons adequately advancing national rec- land, Washington. He was called to and daughters are still there tonight onciliation, providing basic security, or service in Iraq. He went. He served with the administration still tonight delivering essential services.’’ proudly for a year. He was ready to re- committed to staying as long as the Iraqis have no electricity, they have turn. He was literally on the plane to Iraqis decide we are going to stay. no functioning police, they have no em- return when he was called back to go The President has said that our peo- ployment, they have no means to run back into Baghdad in the President’s ple are going to stay there indefinitely their army, they have no functioning effort to send more troops into Bagh- unless conditions that are under con- control over their borders. They have dad. He has suffered two IED explo- trol of the Iraqis will allow him to no functioning government. This is a sions, just about lost his ear in one of bring them home. I am here tonight to government in name only. them. He is now in continual firefights say we should not allow the Iraqis to Number two: ‘‘Iraqis have not been in Baghdad. And I think of his 1-year- control when our sons and daughters convinced that they must take respon- old son who is being raised by his come home. That should be a decision sibility for their own future. Iraq’s grandparents since the mother is also of the United States of America. That neighbors and much of the inter- serving in the United States Army in position finds substantial support in national community have not been per- Iraq at this time. Their lives are in my the report I will allude to as well as suaded to play an active and construc- mind, and Iraq is not an abstraction our common sense as Americans. tive role.’’ I want to just focus on that nor a partisan issue, it is a very per- Now, first I want to say I am glad for a moment. Iraqis have not been sonal one for many of us. And those are this report has been issued. Before the convinced that they must take respon- what my thoughts will be and I would election, we heard a President who was sibility for their own future. Why is like them to infuse some of my com- bound and determined to stay the that? Why have the Iraqi politicians re- ments tonight. course. He was bound and determined fused to make an agreement about dis- The reason I have come, of course, is to never take off rose-colored glasses. position of oil? Why have they refused we have had this Iraq Study Group re- He was bound and determined to stay to make a disposition about employ- port. It is an amazing document. I hope with his Secretary of Defense, despite ment practices in the Iraqi govern- people who are interested in Iraq will the fact that every living human being ment? Why have they refused to make take some time to look at it. It is both who had looked at Iraq has seen noth- an agreement about how the ministries accurate in some places and woefully ing but a continued evidence of failure will be handled?

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\A06DE7.132 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8884 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Well, there is one reason. President in Baghdad when he should be home them in their hospital beds and they George Bush has told them that troops with his 1-year-old son, the White had their legs propped up and tubes and will stay indefinitely in Iraqi. They do House doesn’t think it is its place to pins and everything in their legs, and not have a real-life incentive to form a put pressure on the Iraqis to reach an they had only been out of Iraq 2 or 3 true government in Iraq because we agreement about oil so that they can days. I asked them how they were have given them a crutch to lean on form a government and we can get our doing, and both of them said, sir, I just forever, according to this President. troops home. This is the most callously want to get back to my unit as fast as We have got to change that message indifferent, negligent attitude of this I can, sir. dramatically, immediately, and I think administration and it is costing our That was a pretty impressive mo- this report makes that clear. country dearly and it is wrong. And ment for me that these young men who Quoting: ‘‘The United Nations esti- this report on a bipartisan basis has had such bad injuries, the first thing mates that 1.6 million Iraqis are dis- said it is wrong. It has said very clear- they could say is they wanted to get placed within Iraq, and up to 1.8 mil- ly that we need to make a statement. back to their unit. Anyone who has lion Iraqis have fled the country.’’ The It goes on to say, ‘‘There is no action dealt with the people, Americans serv- Iraqis are voting with their feet. the American military can take that ing in Iraq, you would be so proud of ‘‘Iraqis may become so sobered by by itself can bring about success in their service and what they are doing. the prospect of an unfolding civil war Iraq.’’ This requires a political resolu- We have incredible talent and dedica- and intervention by their regional tion. Yet our President has not insisted tion there. They have been amazingly neighbors that they take the steps nec- on a political resolution. He has essen- dedicated through a very difficult 3 essary to avert catastrophe. But at the tially told the politicians they can did- years, many of them serving on their moment, such a scenario seems im- dle, they can squabble, they can bicker, second, third, fourth rotation through- plausible because the Iraqi people and they can disagree, they can create out Iraq, without complaint. It is real- their leaders have been slow to dem- these little deals where the Shiite radi- ly pretty amazing. onstrate the capacity or will to act.’’ cals, al-Sadr gets three ministries and So we have got the best people, we We have not focused their intention maybe the Sunnis get half a one, and have got the best equipment, but we do on the necessity of reaching agree- the sectarian violence goes out of con- not have the best policy, and a policy ments to form a true national govern- trol and our kids get killed, with no that essentially allows the Iraqi gov- ment in Iraq. We have given them a se- threat whatsoever that we are bringing ernment to dawdle and not form an curity blanket at the cost of over 2,800 our troops home. agreement is one doomed for failure. lives, over 20,000 seriously injured That is the policy of the President to- b 2230 Americans, over 400 billion American night unless something changes, and taxpayer dollars, and probably over $2 That is one of the reasons that we are we are calling for strong changes in trillion in the long-term costs of this in the pickle we are in. The report goes that regard. There is a real clear re- war with no end in sight, with no guar- on to say, ‘‘The United States must not ality in Iraq. No deal on oil, no peace. antee to the American people that this make an open-ended commitment to No deal on petroleum, no way for us war is going to end, and with no re- keep large numbers of American troops out, and we have got to insist on that, quirement by the Iraqis that they act. deployed in Iraq.’’ For some time I have been bothered and that has not happened. That is exactly what the President The report goes on to say, the com- by this. I have been bothered that the has done. He has made a commitment position of the Iraqi government is ba- President has stood on the sidelines to keep these troops there indefinitely. sically sectarian, and key players with- and allowed this situation to deterio- As long as we have been in Japan or in the government too often act in rate, with rose-colored glasses on Germany, and apparently people still cruise control. I picked up the phone a their sectarian interest. think that this is like World War II, Now, we are all thrilled when there few weeks ago to call one of the admin- when the Vice President and Mr. was voting going on in Iraq. We would istration officials to talk to them Wolfowitz and the whole group of them like to think that they, in Iraq, were as about that. I said it was my perception essentially said we would be welcomed committed to their government when that there is no Iraqi government es- like we were in the streets of Paris in they voted as we are to ours. We know sentially because there is no agreement World War II. They still have that about oil. The oil in Iraq is located how government works. We have had a image of what this is all about in Iraq. under the Shiites’ territory and the peaceful transition of power here in the As a result, our policy is failing, be- Kurds’ territory. It is not located United States Congress. The people cause they still are essentially saying, where most of the Sunnis live. And the were dissatisfied with the course of the we are going to stay there for 50 years Shiites to date have been insisting at Nation this November 7, and they like we have in Europe, and that is a least on the new oil fields remaining in spoke, and I think they spoke very the regional areas, meaning, bottom policy inconsistent with our national clearly that they wanted a change of line, Shiites get the oil. Sunnis who security goals. course in Iraq. have run the country for 75 years, if Next statement, ‘‘While it is clear But the fact of the matter is, this is not more, are left out. Therefore, they that the presence of U.S. troops in Iraq more like sort of a gangs dealing up have had continuing sectarian vio- is moderating the violence, there is lit- turf in Iraq than it is a working gov- lence. tle evidence that the long-term deploy- ernment. Right now three of the min- So I asked this official, is that as- ment of U.S. troops by itself has led or istries are controlled by Mr. al-Sadr, sessment a fair assessment of this situ- will lead to fundamental improvements who runs this brigade of perhaps 60,000 ation? And he said, yes. And it is inter- in the security situation.’’ people in a personal militia, and those esting because his assessment is the Now, that is a profound statement. three ministries of the government we same one as this report as we will talk We believe, because we are truly the are supposed to be helping and allied to in depth. greatest Nation on Earth, and we are, with, will not even work with Ameri- I said, well, then, I hope to believe we have done remarkable things. We cans. Three of the major ministries, that the President has given an ulti- have the most efficient, most capable, might be 40 percent of the government matum, at least privately, to Mr. most dedicated military force the in Iraq, won’t even talk to us, and Maliki and all of the other Iraqi offi- world has ever seen. We have the best these are the people we are trying to cials that we are leaving if they do not soldiers, Air Force and sailors the help. form an agreement about oil. And the world has ever seen. They are great This is not a working situation. And answer stunned me. He said, no, we people. I know I visited two of them in have we basically said to the Iraqis, to have not done that. We haven’t put a military hospital in Landstuhl, Ger- Mr. Maliki, you must disarm that Sadr that pressure on the Iraqis. And I said, many, two young men from Bremerton, militia? You must get access to those why not? He said, well, we don’t think Washington, on my return trip from agencies of the government? No, we that’s our place. Iraq about a year and a half ago. haven’t said that. We haven’t said that So while our sons and daughters are These two young men had very, very at all. We have said we will just stay dying tonight, and my neighbor’s son is serious leg injuries, and I went and saw there forever if it takes that long. You

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.217 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8885 can just play whatever difficult games the troops the plan called for months Well, it is because the administration you have in the sectarian tensions in ago to get security into Baghdad. Why has never been willing to ask the sac- Iraq, and we will stay forever. That is didn’t they show up? They didn’t show rifices that are necessary of the Amer- the wrong message to Iraq. up because they don’t have a govern- ican people to complete this mission We have got to tell them they are ment to stand up for yet, because the successfully. It has tried to fight the going to stand on their own feet very politicians will not make the com- war on the cheap, and the people paid quickly, or they will fall, and only the promises necessary to do so, because dearly with both our losses of 2,800 peo- Iraqis can make that decision ulti- we haven’t required it. We have got to ple, 20,000 people who are seriously in- mately, and we have made a decision, a have a tough position in Iraq, and the jured, and goodness knows how many commitment, and I know a lot of peo- tough position is one of tough love. Iraqis who have lost their lives. ple who are against this war, myself Tough love is you tell the Iraqis they You know, maybe we would have a among them. have got to fish or cut bait, because different attitude if we had a chief ex- I was very vocally opposed to this our ability to sustain this is not unlim- ecutive who was committed to this war when we started. I thought that we ited. commission enough to ask for sac- did not receive proper intelligence. I This goes on to say the problems of rifices of the American people, but we thought the intelligence was cherry the Iraqi police and the criminal jus- don’t have that. We have a situation picked. I thought that the threat was tice system are profound. Significant where for 3 years this has been essen- vastly overstated. Even though it was questions remain about the ethnic tially a half-hearted effort, an unwill- popular to be for the war at the time composition of some Iraqi units. Spe- ingness to get tough with the Iraqis and the war drums were beating, I and cifically they will carry out missions and an unwillingness to commit the re- 164 other Members of the House voted on behalf of sectarian goals instead of sources necessary to do the job, and a against the war. agenda. Units lack leadership, equip- debacle has unfolded. Probably the Many of my constituents felt the ment, personnel, logistics and support. largest foreign policy debacle has un- same way I did. But even though they I want to take a moment, if I can, to folded in the last of America’s history. were very, very strongly against the talk about what this administration So this is a stunningly disturbing re- war, they felt there was some national has not done in the pursuit of its own port, and I note that it contains many obligation on our part to give the policy. You know, for 3 years now, the of criticisms that I and my colleagues Iraqis some reasonable chance to form President has said we will stand down and what’s called the Iraq Watch have a government. We had destroyed a gov- as the Iraqi military stands up. But been making on the floor of the House ernment, we had some obligation to this administration has always wanted now for 2 years. We have come to the give them a chance to reestablish secu- to fight this war on the cheap. It has floor of the House in the evening. rity and a government in Iraq. never been willing to commit the re- Many, if not all of these criticisms we But that cannot be a never-ending resources to what a successful pursuit of have espoused. I think they have more sponsibility of the United States, and this mission would require, and a suc- reliabilities now that a bipartisan we have now spent longer in and given cessful pursuit of this mission, for the group has essentially been saying what the Iraqis longer than the greatest gen- last 3 years, would be to equip, arm and we have been saying about the failure eration took to win World War II. We train an Iraqi military as rapidly as of this administration policy in Iraq. have to realize that even though that possible, and we haven’t done 40 per- So the question now becomes what period of time has gone on, the situa- cent of that effort. should be the change? tion according to this bipartisan report The reason I know that—I went to Well, the first thing is there has to be a change in the Iraqi government. I isn’t getting better, it is getting worse, Iraq, and I talked to the Iraqi forces, will quote this report, the composition and we have to recognize that reality. and they say we don’t have any equip- of the Iraqi government is basically We have to have a major change in ment, we don’t have any communica- sectarian, and key players within the Iraq. tions, we don’t have any payroll sys- government too often act in their sec- It goes on to say the security situa- tem, we don’t have any recruitment tarian interest. The security situation tion cannot improve unless leaders act system, we don’t have any logistics cannot improve unless leaders act in in support of national reconciliation. system, we don’t have any medical support of national reconciliation. Shi- Shiite leaders must make the decision evacuation system, we don’t have any ite leaders must make the decision to to demobilize militias. Sunni Arabs communication system with the pub- demobilize militias. Sunni Arabs must must make the decision to seek their lic. We are some people with AK–47s in make the decision to seek their aims aims through a peaceful political proc- pickup trucks who have been given a through a peaceful political process, ess, not through violent revolt. The very short training period by the not through violent revolt. We must in- Iraqi government and Sunni Arab United States Government. sist on this. We must require. We must tribes must aggressively pursue al As a consequence, a difficult situa- compel it. Today we have not done so. Qaeda. None of those things are hap- tion where you had extremely low mo- Now, what conclusions has this re- pening, and we have not insisted on tivation anyway to stand up for the port drawn? It gets a little bit murky any of those things happening. We have government has been made worse. In reading the report. It is not entirely been the patsy while this sectarian fact, it was so bad that a year and a clear what this group actually said. It conflict has gone on, and we have not half ago, my friends the Republicans is a committee of individuals who insisted that it stop, or we are remov- limited the amount we were going to signed a report, and most people know ing our troops tomorrow. spend training the Iraqi army. They the old saying that a camel is a horse As a result, these folks have refused wanted to reduce it. I said if the way designed by a committee, and what to make the very difficult compromises out of Iraq is to stand up an Iraqi this group really recommends is a lit- it takes to form a government. I have army, it seems to me we should do this tle bit ambiguous in part. But I would got to tell you, I know how difficult it as quickly as possible. suggest there is one thing that is im- is. It is difficult enough around here in So I offered an amendment to the portant and one thing that has a little peace time, and I know it is difficult military appropriations bill that was lacking in this report. for leaders in Iraq. But American sons accepted that at least didn’t cut the and daughters cannot be expected to be training for the Iraqi army, but the b 2245 sent to the streets of Baghdad when fact of the matter is, any military as- The first thing is it demands a Iraqis will not go. sessment of the Iraqi army is they change in our policy, it demands a real- You know what happened when we can’t fight. They don’t have the where- istic assessment of our policy, and it decided to pull troops out of Al Anbar withal to fight. We go into battle with demands that we get tough with the Province where the insurgency is es- armor, communications, Medevac, Iraqis to demand a political solution in sentially taking over to send into howitzers, gunships, F–16s. Iraq, because that is a central pre- Baghdad, and we called for six groups We tell the Iraqis to go out with requisite to any progress being made in to come of the Iraqi forces? Only two of some pickups and AK–47s and no com- Iraq. And that is a very import offering them showed up. We still don’t have munications equipment. Why is that? of this report, that we have to do that.

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.218 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8886 CONGRESSIONAL RECORD — HOUSE December 6, 2006 Now, the question then becomes, and those words were greeted happily daughters at that time, and my friends what do we do as far as troop levels and by us and we would like to believe that at that time and my colleagues at that our military mission in Iraq? Their re- was the case. time, from harm’s way in Vietnam. port is a bit of weak tea in that regard. Two weeks later, the President sent Iraq is not Vietnam. It is dangerous It essentially alludes, and you will hear up six judges that he knew would be re- to draw comparisons between Vietnam news reports that this calls for essen- jected by the U.S. Senate because of and Iraq. They are manifestly different tially removing our major combat mis- their entirely right-wing beliefs. Last in many, many ways, including our na- sions by the end of next year, by 2008, week he appointed an individual to tional interests and the nature of the by the first quarter of 2008. take care of the contraceptive program threat and the extent of the losses that The report isn’t quite that clear. It of the United States, to give women we have suffered. says that by the first quarter of 2008, control over their destiny, and he ap- But it is similar in this way: If we subject to unexpected developments in pointed a person who thinks contracep- follow the failure of the Congresses in the security situation on the ground, tion somehow should be illegal, or at the early 1970s who refused to stand up all combat brigades not necessary for least inappropriate. to a chief executive to demand a force protection could be out of Iraq. So the signs have not been entirely change in course, we will have fallen ‘‘Could be.’’ favorable that the President received victim to what they did during the At the time U.S. combat forces in the message from the American people Vietnam years. We have at least 15,000 Iraq could be deployed only in units given him on November 7. Some of my names on the Vietnam Memorial wall embedded with Iraqi forces in rapid re- colleagues have. In the earlier discus- as a result of Congress’ refusal to be action and special operations teams sion here, we had some of my col- willing to use the appropriation mecha- and search and rescue. ‘‘Could.’’ leagues, Republicans, quite a number nism to bring our troops home. ‘‘Could’’ is not a strong enough word of them, doing a valedictorian speech That is not a failure of will or cour- for what this situation demands of tonight who had come out on the short age or backbone that we should suffer. American leadership. The word ‘‘must’’ end in the election. I think they re- We have an obligation to these kids must be in our response from Congress ceived the message. Many of them I and not-so-kids in Baghdad tonight, about Iraq. It is time to talk turkey consider friends, and they are good peo- and we should know, we should be will- with the Iraqi government. We cannot ple, and they are credible people and ing to do so, and we should say we shade it. We can use polite language, hard-working people, and I know the should be willing to do so, so that the but we cannot use language that is sus- taste of defeat, so I have some empathy President of the United States knows ceptible to multiple interpretations. for them. that we are serious in our discussions. We must tell the Iraqi government But the American people have spo- I am hopeful that is not necessary. I that their training wheels have to ken, and we need the President to lis- am hopeful we can forge a bipartisan come off, they have to strike the polit- ten to them, and we need the President agreement with the President to heed ical deals on oil that have to be made, to listen to this report, and we need the recommendations of this report because our troops are coming home at the President to listen to his troops, and the will of the American people a date, if not certain, that is at least and those messages are we need a rad- from November 7. But we have to be within certain parameters. There is no ical rethinking of Iraq policy. prepared to do our duty here, and I reason that that process should not Now, I have a message I would hope think that is important for us to say start now in a way that is militarily my colleagues will also consider to- early in this discussion, so that we can defensible. We have to send that strong night, and that is if the President does move forward. message to the Iraqis, and only our ac- not heed that message of the American I want to, if I can, say another thing tions will do so. people, we here in the House of House that I think would be important for the Frankly, language like ‘‘could be’’ I of Representatives have a responsi- President to do. He can do this tomor- don’t think is going to register on the bility to act. We cannot just be folks row and he hasn’t done it. He can have streets of Baghdad, where 100 to 200 who give speeches about Iraq, all a statement to the people of Iraq that bodies are being found every couple of though that is what I am doing here to- the United States of America does not days. We need to send a stronger mes- night. We cannot be people who just intend to have permanent military sage. issue press releases about Iraq. We can- bases in Iraq. This is a statement that The question is, how do we do that? I not be Congressmen and women who the Iraqi people need to hear. would like to think the President of simply send letters to the White House. In polls, 75 percent of the Iraqi people the United States would have an epiph- If the President of the United States believe we are not a positive influence any reading this report. I would like to refuses to change course in Iraq in a in Iraq. Sixty percent of the Iraqi peo- think that he will shed those rose-col- meaningful way, this Congress has to ple in a poll believe it is appropriate to ored glasses that he has worn for 3 use the ability granted to it by the attack Americans in Iraq. Think about years. I would like to think that he United States Constitution to assure this. These are people that the war was will decide not to heed the advice of his that there will be a change in Iraq, and started out, at least in its later chap- vice president, who has been wrong on we have an opportunity to do so ters, to try to give Iraqis a chance at virtually every single thing in Iraq pol- through the appropriations process. democracy. We have spent $400 billion, icy. This war cannot be fought and the 2,000 lives, 20,000 injured, the honor of I would like to think that he will President cannot continue to put these the Nation to help Iraqis, and 60 per- then come to the U.S. Congress and troops in harm’s way without funding. cent of them believe it is okay to at- say, ‘‘I am totally changing my state- The geniuses in Philadelphia estab- tack Americans. ment on Iraq. I now believe we have to lished the People’s House and gave as This is not a situation where we are start bringing our troops home, be- its first obligation responsibility for capable of helping them militarily. Our cause nothing less will result in the the fiscal condition of the Nation. presence there is a reason, at least one Iraqi government having an incentive No President can continue a war of the reasons, for violence in that to form a real government.’’ without funding. If the funding stops country. And we lost 10 of our best yes- If those things happen, Congress will for the Iraq war, our troops will come terday and 24 in the last 2 days. It is a be able in short order to reach an home, and this Congress has to have recognition that we have to come to agreement to end this war in Iraq and the gumption to take such action if the grips with. give the Iraqis what they need, which President does not heed the will of the One of the reasons for that antipathy is an incentive for action on the polit- American people. is a conviction, as much as we don’t ical front. Now, people say, oh, isn’t that share it, that the Bush administration I am not all that hopeful that will fraught with political risk? You know, wants to have permanent bases in Iraq. happen. The President since the elec- it might be. And that is why people in But because of stubbornness and will- tion has said some gracious things. The Vietnam waited 3 to 4 years after it be- fulness and refusal to show any flexi- day after the election he said that he came obvious that our policy was bility to reality, this administration wanted to work on a bipartisan basis, wrong, of not removing our sons and has refused to say that. That would be

VerDate Aug 31 2005 02:42 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.220 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8887 helpful. That would be a first start, and (The following Members (at the re- 10434. A letter from the Assistant Sec- we hope that that happens. quest of Ms. KAPTUR) to revise and ex- retary for Fish, Wildlife and Parks, Depart- So we now have an obligation to fol- tend their remarks and include extra- ment of the Interior, transmitting the De- low one conclusion of this, and the first neous material:) partment’s final rule — Endangered and Threatened Wildlife and Plants; Designation phase of this report, if I can in conclu- Mrs. MCCARTHY, for 5 minutes, today. of Critical Habitat for the Fender’s blue but- sion read, ‘‘Current U.S. policy is not Ms. KAPTUR, for 5 minutes, today. terfly (Icaricia icarioides federi), Lupinus working.’’ That is the most powerful Ms. WOOLSEY, for 5 minutes, today. sulphureus ssp. kincaidii (Kincaid’s lupine), statement in the whole report. And we Mr. SCHIFF, for 5 minutes, today. and Erigeron decumbens var. decumbens need radical changes, the ‘‘radical Mr. PALLONE, for 5 minutes, today. (Willamette daisy) (RIN: 1018-AT91) received changes’’ is my language, not the re- Mr. GEORGE MILLER of California, for November 28, 2006, pursuant to 5 U.S.C. port. 5 minutes, today. 801(a)(1)(A); to the Committee on Resources. 10435. A letter from the Assistant Sec- Quoting the report, ‘‘Current U.S. Mr. UDALL of New Mexico, for 5 min- retary for Fish, Wildlife and Parks, Depart- policy is not working as the level of vi- utes, today. ment of the Interior, transmitting the De- olence in Iraq is rising and the govern- Mr. RANGEL, for 5 minutes, today. partment’s final rule — Endangered and ment is not advancing reconciliation. (The following Members (at the re- Threatened Wildlife and Plants; Designation Making no changes in policy would quest of Ms. FOXX) to revise and extend of Critical Habitat for Astragalus brauntonii simply delay the day of reckoning at a their remarks and include extraneous and Pentachaeta lyonii (RIN: 1018-AU51) re- high cost. Nearly 100 Americans are material:) ceived November 28, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Re- dying every month. The United States Mr. KUHL of New York, for 5 minutes, sources. is spending $2 billion a week. Our abil- today. 10436. A letter from the Chairman, Na- ity to respond to other international Mr. PRICE of Georgia, for 5 minutes, tional Indian Gaming Commission, Depart- crises is constrained. The majority of December 7 and 8. ment of the Interior, transmitting the De- the American people are soured on the Mr. YOUNG of Alaska, for 5 minutes, partment’s final rule — Minimum Internal war. The level of expense is not sus- today. Control Standards (RIN: 3141-AA27) received tainable over an extended period, espe- Mr. MARIO DIAZ-BALART of Florida, November 27, 2006, pursuant to 5 U.S.C. cially when progress is not being made. 801(a)(1)(A); to the Committee on Resources. for 5 minutes, today. 10437. A letter from the Deputy Assistant The longer the United States remains Ms. ROS-LEHTINEN, for 5 minutes, Administrator for Regulatory Programs, in Iraq without progress, the resent- today. NMFS, National Oceanic and Atmospheric ment will grow among Iraqis who be- Mr. CASTLE, for 5 minutes, today. Administration, transmitting the Adminis- lieve they are subjects of a repressive Mr. WALSH, for 5 minutes, today. tration’s final rule — Fisheries of the Carib- American occupation.’’ f bean, Gulf of Mexico, and South Atlantic; We need a change, and we need it Gulf of Mexico Recreational Grouper Fishery now, and we cannot dither or dally or SENATE BILL REFERRED Management Measures [Docket No. 060322083- wait or have debates amongst our- A bill of the Senate of the following 6288-03; I.D. 032006C] (RIN: 0648-AU04) received November 29, 2006, pursuant to 5 selves. We have to take action now. title was taken from the Speaker’s U.S.C. 801(a)(1)(A); to the Committee on Re- And I hope my colleagues will join me table and, under the rule, referred as sources. in a willingness to do that. follows: 10438. A letter from the Director, Office of That will be difficult. While we have S. 4050. An act to designate the facility of Sustainable Fisheries, NMFS, National Oce- troops in the field, it is always difficult the United States Postal Service located at anic and Atmospheric Administration, trans- to talk about the mission. But I am 103 East Thompson Street in Thomaston, mitting the Administration’s final rule — here tonight, proud of my neighbor’s Georgia, as the ‘‘Sergeant First Class Robert Fisheries off West Coast States; Pacific Lee ‘Bobby’ Hollar, Jr. Post Office Build- Coast Groundfish Pacific Coast Groundfish son who is tonight in Baghdad. I am Fishery; End of the Pacific Whiting Primary proud of the mission he has done and is ing’’; to the Committee on Government Re- form. Season for the Catcher-processor Sector doing, and I am caring about he and his [Docket No. 051014263-6028-03; I.D. 110706A] re- 1-year-old son. f ceived November 29, 2006, pursuant to 5 I believe the U.S. Congress owes an BILLS PRESENTED TO THE U.S.C. 801(a)(1)(A); to the Committee on Re- obligation to him and his own to insist PRESIDENT sources. that this President come to grips with 10439. A letter from the Deputy Assistant Karen L. Haas, Clerk of the House re- the reality of Iraq, send a message that Administrator for Regulatory Programs, ports that on December 5, 2006, she pre- NMFS, National Oceanic and Atmospheric our troops are coming home; that this sented to the President of the United Administration, transmitting the Adminis- is something the Iraqis have to deal States, for his approval, the following tration’s final rule — Fisheries of the Exclu- with quickly because they are going to bills. sive Economic Zone Off Alaska; Allocating be on their own. We can no longer keep Gulf of Alaska Fishery Resources [Docket training wheels forever on Iraq at the H.R. 3699. To provide for the sale, acquisi- No. 060511126-6285-02; I.D. 050306E] (RIN: 0648- tion, conveyance, and exchange of certain AT71) received November 29, 2006, pursuant expense of our sons and daughters. real property in the District of Columbia to That statement, I believe, in the long to 5 U.S.C. 801(a)(1)(A); to the Committee on facilitate the utilization, development, and Resources. run will be best, with the least possible redevelopment of such property, and for 10440. A letter from the Deputy Assistant damage to all concerned. And I don’t other purposes. Administrator for Regulatory Programs, offer a panacea. I don’t offer a silver H.R. 4377. To extend the time required for NMFS, National Oceanic and Atmospheric wand in Iraq. But I can say that the construction of a hydroelectric project, and Administration, transmitting the Adminis- current situation is not acceptable, and for other purposes. tration’s final rule — Fisheries Off West we will change it one way or another, f Coast States; Pacific Coast Groundfish Fish- and the sooner the better. ery; Amendment 18 [Docket No. 060609159- ADJOURNMENT 6272-02; I.D. 060606A] (RIN: 0648-AU12) re- f Mr. INSLEE. Mr. Speaker, I move ceived November 29, 2006, pursuant to 5 LEAVE OF ABSENCE that the House do now adjourn. U.S.C. 801(a)(1)(A); to the Committee on Re- sources. By unanimous consent, leave of ab- The motion was agreed to; accord- 10441. A letter from the Chief, Trade & sence was granted to: ingly (at 10 o’clock and 59 minutes Commercial Regulations Branch, Depart- Mr. OSBORNE (at the request of Mr. p.m.), the House adjourned until to- ment of Homeland Security, transmitting BOEHNER) for December 5 after 2:00 p.m. morrow, Thursday, December 7, 2006, at the Department’s final rule — Extension of on account of personal reasons. 10 a.m. Import Restrictions Imposed on Archae- ological and Ethnological Material from Bo- f f livia [CBP Dec. 06026] (RIN: 1505-AB74) re- SPECIAL ORDERS GRANTED EXECUTIVE COMMUNICATIONS, ceived November 29, 2006, pursuant to 5 By unanimous consent, permission to ETC. U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. address the House, following the legis- Under clause 8 of rule XII, executive 10442. A letter from the Acting Director, lative program and any special orders communications were taken from the Regulations & Rulings Div., Department of heretofore entered, was granted to: Speaker’s table and referred as follows: the Treasury, transmitting the Department’s

VerDate Aug 31 2005 00:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K06DE7.221 H06DEPT2 jcorcoran on PRODPC62 with HOUSE H8888 CONGRESSIONAL RECORD — HOUSE December 6, 2006 final rule — Establishment of the Shawnee 10453. A letter from the Chief, Publications of Homeland Security to ensure all agencies Hills Viticultural Area (2002R-345P) and Regulations Branch, Internal Revenue of the Department of Homeland Security [T.D.TTB-57; Re: Notice No. 39] (RIN: 1513- Service, transmitting the Service’s final rule that administer Federal assistance develop AA70) received November 30, 2006, pursuant — Permitted disparity in employer-provided and maintain proper internal management to 5 U.S.C. 801(a)(1)(A); to the Committee on contributions or benefits (Rev. Rul. 2006-60) controls to prevent and detect waste, fraud, Ways and Means. received November 27, 2006, pursuant to 5 and abuse, and for other purposes; to the 10443. A letter from the Acting Director, U.S.C. 801(a)(1)(A); to the Committee on Committee on Homeland Security, and in ad- Regulations & Ruling Div., Department of Ways and Means. dition to the Committee on Small Business, the Treasury, transmitting the Department’s 10454. A letter from the Chief, Publications for a period to be subsequently determined final rule — Establishment of the Chehalem and Regulations, Internal Revenue Service, by the Speaker, in each case for consider- Mountains Viticultural Area (2002R-214P) transmitting the Service’s final rule — De- ation of such provisions as fall within the ju- [T.D.TTB-56; Re: Notice No. 18] (RIN: 1513- termination of Issue Price in the Case of Cer- risdiction of the committee concerned. AA57) received November 30, 2006, pursuant tain Debt Instruments Issued for Property By Mr. FARR (for himself, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on (Rev. Rul. 2006-61) received November 27, CARDOZA, Mr. COSTA, Ms. ZOE Ways and Means. 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the LOFGREN of California, Mr. SALAZAR, 10444. A letter from the Cheif, Publications Committee on Ways and Means. Mr. RADANOVICH, Mrs. CAPPS, Ms. and Regulations, Internal Revenue Service, 10455. A letter from the Chief, Publications ESHOO, Mr. FILNER, Mr. GILCHREST, transmitting the Service’s final rule — Mis- and Regulations Branch, Internal Revenue Mr. HONDA, and Mr. NUNES): cellaneous Changes to Collection Due Proc- Service, transmitting the Service’s final rule H.R. 6379. A bill to provide additional funds ess Procedures Relating to Notice and Oppor- — Bureau of Labor Statistics Price Indexes for food safety research related to perishable tunity for Hearing upon Filing of Natice of for Department Stores — September 2006 agricultural commodities, to provide emer- Federal Tax Lien [TD 9290] (RIN: 1545-BB96) (Rev. Rul. 2006-59) received November 27, gency financial assistance to producers and received December 1, 2006, pursuant to 5 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the first handlers of fresh spinach for losses in- U.S.C. 801(a)(1)(A); to the Committee on Committee on Ways and Means. curred as a result of the removal of fresh Ways and Means. 10456. A letter from the Chief, Publications spinach and products containing fresh spin- 10445. A letter from the Chief, Publications and Regulations Branch, Internal Revenue ach from the market and other actions un- and Regulations, Internal Revenue Service, Service, transmitting the Service’s final rule dertaken in response to a public health advi- transmitting the Service’s final rule — De- — Publication of the Tier 2 Tax Rates — re- sory regarding spinach issued by the Food termination of Issue Price in the Case of Cer- ceived November 27, 2006, pursuant to 5 and Drug Administration in September 2006, tain Debt Instruments Issued for Property U.S.C. 801(a)(1)(A); to the Committee on and for other purposes; to the Committee on Agriculture. (Rev. Rul. 2006-55) received December 1, 2006, Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10457. A letter from the Chief, Publications By Ms. CARSON (for herself and Mr. mittee on Ways and Means. and Regulations Branch, Internal Revenue BURTON of Indiana): 10446. A letter from the Chief, Publications H.R. 6380. A bill to amend title XVIII of the Service, transmitting the Service’s final rule and Regulations, Internal Revenue Service, Social Security Act to require reporting of — Procedures for Requesting Competent Au- transmitting the Service’s final rule — Mis- quality measures by hospitals in order to re- thority Under Tax Treaties (Rev. Proc. 2006- cellaneous Changes to Collection Due Proc- duce medication errors; to the Committee on 54) received November 27, 2006, pursuant to 5 ess Procedures Relating to Notice and Oppor- Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on tunity for Hearing Prior to Levy [TD 9291] By Ms. MCKINNEY: Ways and Means. (RIN: 1545-BB97) received December 1, 2006, H.R. 6381. A bill to repeal Public Law No: 10458. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 109-366, the Military Commissions Act of Regulations, Social Security Administra- mittee on Ways and Means. 2006, signed into law October 17, 2006; to the 10447. A letter from the Chief, Publications tion, transmitting the Administration’s final Committee on Armed Services, and in addi- and Regulations Branch, Internal Revenue rule — Revised Medical Criteria for Evalu- tion to the Committees on the Judiciary, Service, transmitting the Service’s final rule ating Visual Disorders [Docket No. SSA-2006- and International Relations, for a period to — Changes in accounting periods and in 0098] (RIN: 0960-AF34) received November 28, be subsequently determined by the Speaker, methods of accounting (Rev. Proc. 2006-43) 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the in each case for consideration of such provi- received December 1, 2006, pursuant to 5 Committee on Ways and Means. sions as fall within the jurisdiction of the U.S.C. 801(a)(1)(A); to the Committee on f committee concerned. Ways and Means. By Ms. MCKINNEY: 10448. A letter from the Chief, Regulations REPORTS OF COMMITTEES ON H.R. 6382. A bill to deny Federal assistance Branch, Internal Revenue Service, transmit- PUBLIC BILLS AND RESOLUTIONS to any State or local law enforcement agen- ting the Service’s final rule — Methods of Under clause 2 of rule XIII, reports of cies whose officers use excessive force or vio- Determining Paragraph (e)(1) Wages for committees were delivered to the Clerk lence leading to the death of innocent or un- Puposes of the Section 199(b)(1) Wage Limi- for printing and reference to the proper armed citizens, or who fail to establish, entation on the Section 199 Deduction (Rev. force and follow transparent and accountable Proc. 2006-47) received December 1, 2006, pur- calendar, as follows: procedures that fully protect the lives and suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mrs. CAPITO: Committee on Rules. House health of citizens during surveillance, inter- mittee on Ways and Means. Resolution 1096. Resolution waiving a re- rogation, arrest or imprisonment from tor- 10449. A letter from the Chief, Publications quirement of clause 6(a) with respect to con- ture, excessive physical or psychological and Regulations Branch, Internal Revenue sideration of certain resolutions reported abuse and death, and to require a system of Service, transmitting the Service’s final rule from the Committee on Rules and providing transparent legal and public review of such — Changes in accounting periods and in for consideration of motions to suspend the allegations and cases that can result in the methods of accounting (Rev. Proc. 2006-46) rules, and for other purposes (Rept. 109–720). sanction, punishment and removal of officers received December 1, 2006, pursuant to 5 Referred to the House Calendar. who perpetrate such abuses or their superi- U.S.C. 801(a)(1)(A); to the Committee on f ors; to the Committee on the Judiciary. Ways and Means. By Ms. BERKLEY (for herself and Mr. 10450. A letter from the Chief, Publications PUBLIC BILLS AND RESOLUTIONS PORTER): and Regulations Branch, Internal Revenue Under clause 2 of rule XII, public H.R. 6383. A bill to direct the Secretary of Service, transmitting the Service’s final rule bills and resolutions were introduced the Interior to convey the Alta-Hualapai — Changes in accounting periods and in Site to the city of Las Vegas, Nevada, for the methods of accounting (Rev. Proc. 2006-45) and severally referred, as follows: development of a cancer treatment facility; received December 1, 2006, pursuant to 5 By Mr. RADANOVICH (for himself, Mr. to the Committee on Resources. U.S.C. 801(a)(1)(A); to the Committee on POMBO, Mrs. NAPOLITANO, Mr. By Mr. BOUCHER (for himself, Mr. Ways and Means. CARDOZA, Mr. COSTA, and Mr. GEORGE GOODLATTE, Mr. BASS, Mrs. CUBIN, 10451. A letter from the Chief, Publications MILLER of California): Mr. DEAL of Georgia, Mr. DOOLITTLE, and Regulations, Internal Revenue Service, H.R. 6377. A bill to authorize the imple- Mr. DOYLE, Mr. HERGER, Mr. RAHALL, transmitting the Service’s final rule — mentation of the San Joaquin River Restora- Mr. STEARNS, Mr. STUPAK, Mr. TIPRA Amendments to Section 199 [TD 9293] tion Settlement; to the Committee on Re- TERRY, and Mr. THOMPSON of Cali- (RIN: 1545-BF88) received December 1, 2006, sources. fornia): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. ROGERS of Alabama (for him- H.R. 6384. A bill to amend title 17, United mittee on Ways and Means. self, Mr. MEEK of Florida, Mr. KING of States Code, with respect to settlement 10452. A letter from the Chief, Publications New York, Mr. THOMPSON of Mis- agreements reached with respect to litiga- and Regulations Branch, Internal Revenue sissippi, Mr. PASCRELL, Mr. MCCAUL tion involving certain secondary trans- Service, transmitting the Service’s final rule of Texas, Mr. PEARCE, Mr. SOUDER, missions of superstations and network sta- — Qualified Transportation Fringes (Rev. Ms. JACKSON-LEE of Texas, Mr. tions; to the Committee on the Judiciary. Rul. 2006-57) received November 27, 2006, pur- JINDAL, and Ms. HARRIS): By Mr. DEFAZIO: suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 6378. A bill to amend the Homeland H.R. 6385. A bill to amend the Internal Rev- mittee on Ways and Means. Security Act of 2002 to direct the Secretary enue Code of 1986 to modify the rate of the

VerDate Aug 31 2005 02:42 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\L06DE7.000 H06DEPT2 jcorcoran on PRODPC62 with HOUSE December 6, 2006 CONGRESSIONAL RECORD — HOUSE H8889 excise tax on certain wooden arrows; to the subsequently determined by the Speaker, in in the jurisdiction of the committee con- Committee on Ways and Means. each case for consideration of such provi- cerned. By Mr. FORTENBERRY: sions as fall within the jurisdiction of the By Ms. GRANGER (for herself, Ms. H.R. 6386. A bill to establish the Congres- committee concerned. SLAUGHTER, and Mr. FRELINGHUYSEN): sional-Executive Commission on the Social- By Mr. JEFFERSON: H. Con. Res. 499. Concurrent resolution rec- ist Republic of Vietnam; to the Committee H.R. 6397. A bill to improve mental health ognizing the efforts and contributions of the on International Relations, and in addition and substance abuse treatment services; to members of the Monuments, Fine Arts, and to the Committee on Rules, for a period to be the Committee on Energy and Commerce, Archives program under the Civil Affairs and subsequently determined by the Speaker, in and in addition to the Committees on Edu- Military Government Sections of the United each case for consideration of such provi- cation and the Workforce, Ways and Means, States Armed Forces during and following sions as fall within the jurisdiction of the and the Judiciary, for a period to be subse- World War II who were responsible for the committee concerned. quently determined by the Speaker, in each preservation, protection, and restitution of By Mr. GOHMERT (for himself, Ms. case for consideration of such provisions as artistic and cultural treasures in countries BORDALLO, Mr. CARTER, Mr. WILSON fall within the jurisdiction of the committee occupied by the Allied armies; to the Com- of South Carolina, Ms. KILPATRICK of concerned. mittee on Armed Services. Michigan, Mr. RUPPERSBERGER, Mrs. By Mr. JEFFERSON: By Mr. HOLT (for himself and Mr. MCMORRIS RODGERS, and Mr. ROSS): H.R. 6398. A bill to amend title 5, United GOODLATTE): H.R. 6387. A bill to amend title 10, United States Code, to establish a national health H. Con. Res. 500. Concurrent resolution rec- States Code, to provide for support of funeral program administered by the Office of Per- ognizing the 150th anniversary of President ceremonies for veterans provided by details sonnel Management to offer Federal em- Wilson’s birth and commending the Woodrow that consist solely of members of veterans ployee health benefits plans to certain indi- Wilson House, the Boyhood Home of Presi- organizations and other organizations, and viduals affected by an incident of national dent Woodrow Wilson, the Woodrow Wilson for other purposes; to the Committee on significance, and for other purposes; to the Family Home, Princeton University, and the Armed Services. Committee on Government Reform, and in Woodrow Wilson Presidential Library for By Mr. GOHMERT (for himself and Mr. addition to the Committee on Ways and leading a national tribute honoring the leg- PORTER): Means, for a period to be subsequently deter- acy of President Wilson; to the Committee H.R. 6388. A bill to direct the Secretary of mined by the Speaker, in each case for con- on Government Reform. Defense to conduct a study on the feasibility sideration of such provisions as fall within By Mrs. BIGGERT: of using military identification numbers in- the jurisdiction of the committee concerned. H. Res. 1094. A resolution recognizing the stead of social security numbers to identify By Mr. JEFFERSON: 60th Anniversary of Argonne National Lab- members of the Armed Forces; to the Com- H.R. 6399. A bill to provide services to cer- oratory; to the Committee on Science. mittee on Armed Services. tain volunteers and workers; to the Com- By Mr. BOOZMAN (for himself, Ms. By Mr. GOHMERT: mittee on Transportation and Infrastruc- ROS-LEHTINEN, Mr. ISSA, Mr. BURTON H.R. 6389. A bill to amend the Internal Rev- ture, and in addition to the Committee on of Indiana, Mr. MCCOTTER, Mr. SMITH enue Code of 1986 to allow taxpayers to des- Energy and Commerce, for a period to be of New Jersey, Mr. MEEKS of New ignate income tax overpayments as contribu- subsequently determined by the Speaker, in York, Mr. PENCE, Mr. SESSIONS, Mr. tions to the Federal Government on their in- each case for consideration of such provi- MCHENRY, Ms. FOXX, Mr. TIAHRT, Mr. come tax returns; to the Committee on Ways sions as fall within the jurisdiction of the SULLIVAN, Mr. TERRY, Mr. CARTER, and Means. committee concerned. Mr. LINDER, Mr. PITTS, Mrs. KELLY, By Mr. HUNTER: By Mr. JEFFERSON: Ms. HARMAN, Mr. SNYDER, Mr. ROSS, H.R. 6390. A bill to provide a civil action H.R. 6400. A bill to amend title XVIII of the Mr. WEXLER, Mr. SOUDER, Mr. for a minor injured by exposure to an enter- Social Security Act to provide for access to CRENSHAW, Mr. BROWN of South Caro- tainment product containing material that health benefits under the Medicare Program lina, Mr. BOREN, and Mr. CROWLEY): is harmful to minors, and for other purposes; for certain individuals 21 to 65 years of age, H. Res. 1095. A resolution commemorating to the Committee on the Judiciary. and for other purposes; to the Committee on the one-year anniversary of the November 9, By Mr. JEFFERSON: Ways and Means, and in addition to the Com- 2005, terrorist attacks in Amman, Jordan; to H.R. 6391. A bill to provide emergency child mittees on Energy and Commerce, and Edu- the Committee on International Relations. care in the Gulf Coast Region, and for other cation and the Workforce, for a period to be By Ms. BORDALLO (for herself, Ms. purposes; to the Committee on Education subsequently determined by the Speaker, in HART, Mr. OBERSTAR, Mr. FALEOMA- and the Workforce. each case for consideration of such provi- VAEGA, Ms. ESHOO, Mr. DOYLE, Mr. By Mr. JEFFERSON: sions as fall within the jurisdiction of the JONES of North Carolina, Mrs. H.R. 6392. A bill to provide for the con- committee concerned. CHRISTENSEN, Mr. MCGOVERN, Ms. struction and rehabilitation of child care fa- By Mr. MELANCON (for himself and KILPATRICK of Michigan, Mr. RYAN of cilities in areas of the Gulf Coast affected by Mr. ABERCROMBIE): Ohio, and Mr. MCCOTTER): Hurricanes Katrina and Rita; to the Com- H.R. 6401. A bill to promote the fair pro- H. Res. 1097. A resolution honoring the In- mittee on Financial Services. duction of oil and gas on the Outer Conti- stitute of the Sisters of Mercy on the occa- By Mr. JEFFERSON: nental Shelf; to the Committee on Re- sion of its 175th anniversary, and com- H.R. 6393. A bill to establish a temporary sources. mending its ministry and its efforts in help- program under which emergency loans are By Mr. MOLLOHAN (for himself and ing individuals, especially women and chil- made to small businesses that are nonprofit AHALL): Mr. R dren, overcome challenges that keep them child care businesses; to the Committee on H.R. 6402. A bill to provide for secondary from living full and dignified lives; to the Small Business. transmissions of distant network signals for Committee on International Relations. By Mr. JEFFERSON: private home viewing by certain satellite By Mr. RYAN of Ohio (for himself and H.R. 6394. A bill to facilitate the provision carriers; to the Committee on the Judiciary. Mr. TIERNEY): of telehealth services, and for other pur- By Mr. SCHWARZ of Michigan: poses; to the Committee on Energy and Com- H.R. 6403. A bill to amend the Public H. Res. 1098. A resolution expressing the merce, and in addition to the Committee on Health Service Act to provide for Federal sense of the House of Representatives to Ways and Means, for a period to be subse- funding of a Bridges of Hope for Transitional raise the awareness of alopecia areata; to the quently determined by the Speaker, in each Health Insurance Program to provide, Committee on Government Reform. case for consideration of such provisions as through State inter-governmental public f fall within the jurisdiction of the committee health authorities, displaced employees with concerned. assistance for health insurance premiums for ADDITIONAL SPONSORS By Mr. JEFFERSON: themselves and their families; to the Com- Under clause 7 of rule XII, sponsors H.R. 6395. A bill to ensure an adequate sup- mittee on Energy and Commerce. were added to public bills and resolu- ply of public health professionals, and for By Mr. WICKER: other purposes; to the Committee on Energy H.R. 6404. A bill to remove information on tions as follows: and Commerce, and in addition to the Com- salaries paid to employees of the House of H.R. 23: Mr. HAYES and Mr. FOSSELLA. mittee on Ways and Means, for a period to be Representatives from the public reports on H.R. 305: Mr. FORTENBERRY. subsequently determined by the Speaker, in disbursements of the House, and for other H.R. 346: Mr. ANDREWS. each case for consideration of such provi- purposes; to the Committee on House Admin- H.R. 687: Mr. LATHAM. sions as fall within the jurisdiction of the istration. H.R. 968: Mr. OLVER. committee concerned. By Mrs. WILSON of New Mexico: H.R. 1040: Ms. SEKULA GIBBS. By Mr. JEFFERSON: H.R. 6405. A bill to improve long-term care; H.R. 1233: Mr. FATTAH. H.R. 6396. A bill to ensure environmental to the Committee on Ways and Means, and in H.R. 1264: Mrs. NAPOLITANO. justice in the areas affected by Hurricanes addition to the Committee on Energy and H.R. 2369: Mr. LAHOOD and Mr. ANDREWS. Katrina and Rita; to the Committee on En- Commerce, for a period to be subsequently H.R. 2567: Mr. NEAL of Massachusetts. ergy and Commerce, and in addition to the determined by the Speaker, in each case for H.R. 2861: Mr. TOWN, and Mr. ROSS. Committee on Resources, for a period to be consideration of such provisions as fall with- H.R. 2959: Mr. MCINTYRE.

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H.R. 3550: Mr. FATTAH. H.R. 5864: Mr. MCDERMOTT and Mr. BISHOP Mr. SHAYS, Mr. GRIJALVA, Mr. JEFFERSON, H.R. 3559: Mrs. BLACKBURN. of Georgia. Ms. EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 4042: Mr. JINDAL. H.R. 5866: Mrs. CUBIN. ROHRABACHER, Mrs. TAUSCHER, Mr. OBER- H.R. 4211: Ms. WASSERMAN SCHULTZ. H.R. 5894: Ms. SCHAKOWSKY. STAR, Ms. MILLENDER-MCDONALD, Mr. HONDA, H.R. 4238: Ms. SEKULA GIBBS. H.R. 5896: Mr. RENZI. Mr. BECERRA, Ms. BEAN, Mr. FARR, Mr. H.R. 4360: Mr. MCCOTTER, Mr. MILLER of H.R. 5920: Mr. MARSHALL. PLATTS, Ms. DELAURO, Mr. HOBSON, Mr. HIN- Florida, and Ms. SEKULA GIBBS. H.R. 6044: Mr. RENZI. CHEY, Mr. NADLER, Ms. ROYBAL-ALLARD, Mr. H.R. 4455: Mr. DAVIS of Illinois. H.R. 6046: Mr. MEEHAN and Ms. NORTON. MICHAUD, Mr. GUTIERREZ, Mr. OLVER, Mr. H.R. 4597: Mr. ALEXANDER, Mr. NUNES, Mr. H.R. 6093: Mr. CALVERT. WEXLER, Mr. BOUSTANY, Mr. HINOJOSA, Mr. REHBERG, Mr. SCOTT of Georgia, Mr. H.R. 6216: Mr. SKELTON, Mr. DAVIS of Illi- HASTINGS of Florida, Mr. KENNEDY of Rhode GILCHREST, Mr. GOHMERT, Mr. BERRY, Mr. nois, and Mr. KIND. Island, Mr. KUCINICH, Mr. KIND, Mr. CUELLAR, Mr. DELAHUNT, Mr. MCCAUL of H.R. 6218: Mrs. TAUSCHER, Mr. LANTOS, and TANCREDO, Mr. ISSA, Ms. WOOLSEY, Mrs. Texas, Mrs. BIGGERT, Mr. DENT, Mr. ROYCE, Ms. ESHOO. NAPOLITANO, and Ms. CORRINE BROWN of Flor- and Mr. CULBERSON. H.R. 6221: Ms. EDDIE BERNICE JOHNSON of ida. H.R. 4727: Mr. BACA. Texas. H. Res. 1086: Ms. BORDALLO, Ms. EDDIE BER- H.R. 4751: Mr. BRADY of Texas. H.R. 6343: Mr. FLAKE and Mr. ROSS. NICE JOHNSON of Texas, Mrs. MCCARTHY, Mrs. H.R. 4769: Mr. MCCOTTER. H.R. 6344: Mr. TOM DAVIS of Virginia. MALONEY, Mr. LARSEN of Washington, Mrs. H.R. 4904: Ms. MOORE of Wisconsin. H.R. 6353: Mr. JINDAL, Mr. MARSHALL, Mr. CAPPS, Mr. NADLER, Mr. SCOTT of Virginia, H.R. 4924: Mr. WAMP, Mr. NORWOOD, Mrs. NEUGEBAUER, and Mr. CONAWAY. Mr. SCHIFF, Ms. MATSUI, Ms. KILPATRICK of MUSGRAVE, Mr. DOYLE, Mrs. MALONEY, Mr. H.R. 6356: Mr. RAHALL, Mr. LAHOOD, and Michigan, Mr. BRADY of Pennsylvania, Mr. KUHL of New York, Mr. ROYCE, Mr. BACA, Ms. Mr. SHIMKUS. BUTTERFIELD, Mrs. CHRISTENSEN, Mr. CLY- BEAN, Mr. BOREN, Mr. BOYD, Mr. CRAMER, Mr. H.R. 6358: Mr. DAVIS of Illinois, and Mr. BURN, Mr. SHERMAN, Ms. JACKSON-LEE of DAVIS of Tennessee, Ms. HARMAN, Mr. ETHERIDGE. Texas, Mr. JEFFERSON, Mr. WATT, Ms. WAT- MATHESON, Ms. LORETTA SANCHEZ of Cali- H. Con. Res. 106: Mr. PEARCE. SON, Mr. SHAYS, Mr. GRIJALVA, Mr. FILNER, fornia, Mr. SCHIFF, Mr. TANNER, Mr. TAYLOR H. Con. Res. 346: Mr. BERMAN and Ms. Mr. FORTUN˜ O, Mr. LEWIS of Georgia, Mrs. of Mississippi, Mr. LARSON of Connecticut, FOXX. NAPOLITANO, Ms. LEE, Mr. BROWN of Ohio, Mr. LEWIS of Kentucky, and Mr. CASE. H. Con. Res. 410: Mr. MEEHAN. Mr. MCGOVERN, Ms. DELAURO, Mr. FARR, Mr. H.R. 5131: Ms. MOORE of Wisconsin. H. Con. Res. 453: Mr. WYNN. CLEAVER, Mr. OBERSTAR, Ms. ZOE LOFGREN of H.R. 5134: Mr. CONYERS. H. Con. Res. 482: Ms. BALDWIN. California, Mrs. DAVIS of California, Ms. H.R. 5396: Mr. RAHALL. H. Res. 518: Mr. DAVIS of Kentucky and Mr. MOORE of Wisconsin, Ms. SOLIS, Mrs. JONES H.R. 5513: Mr. LARSON of Connecticut, Mr. LEWIS of California. of Ohio, Wisconsin, Ms. SOLIS, Mrs. JONES of ENGEL, Mr. PITTS, Mr. LEWIS of Georgia, Mr. H. Res. 790: Mr. GEORGE MILLER of Cali- Ohio, Mr. DAVIS of Illinois, Mr. MORAN of Kansas, Ms. VELA´ ZQUEZ, Mr. MAR- fornia. RUPPERSBERGER, Mr. MOORE of Kansas, Mr. SHALL, Mr. MEEHAN, and Mr. DAVIS of Illi- H. Res. 1081: Mr. SERRANO, Mr. MEEKS of BURTON of Indiana, Mr. MCCAUL of Texas, nois. New York, Mr. FORTUN˜ O, Ms. JACKSON-LEE of Mr. GENE GREEN of Texas, Mr. CONYERS, Mr. H.R. 5642: Mr. WEINER, Mrs. JONES of Ohio, Texas, Mr. MCGOVERN, Mr. PAYNE, Mrs. BECERRA, Ms. CARSON, Mr. GONZALEZ, Mr. and Mr. MCNULTY. MALONEY, Mr. SMITH of Washington, Ms. POE, Mr. CONAWAY, and Mr. AL GREEN of H.R. 5660: Mr. BONNER. WATSON, Ms. MOORE of Wisconsin, Mr. HOLT, H.R. 5746: Mr. KUCINICH, Mr. LANTOS, Mr. Mr. DAVIS of Illinois, Mr. MCNULTY, Mr. Texas. RAHALL, Mr. PLATTS, and Ms. BALDWIN. FRANK of Massachusetts, Mr. GEORGE MILLER H. Res. 1091: Mr. LANTOS, Mr. BROWN of H.R. 5791: Mr. STUPAK. of California, Ms. SCHAKOWSKY, Mr. CLAY, Ohio, Mr. VAN HOLLEN, and Mr. WEINER.

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Vol. 152 WASHINGTON, WEDNESDAY, DECEMBER 6, 2006 No. 133—Part II Senate STOP UNDERAGE DRINKING ACT A bill (H.R. 864) to provide for programs tion to reconsider be laid upon the and activities with respect to the prevention table, and any statements be printed in Mr. FRIST. Mr. President, I ask of underage drinking. the RECORD. unanimous consent the Senate proceed There being no objection, the Senate The PRESIDING OFFICER. Without to the immediate consideration of H.R. proceeded to consider the bill. objection, it is so ordered. 864, which we received from the House. Mr. FRIST. I ask unanimous consent The amendment (No. 5219) was agreed The PRESIDING OFFICER. The the Enzi amendment at the desk be to. clerk will report the bill by title. agreed to, that the bill, as amended, be (The amendment is printed in today’s The legislative clerk read as follows: read a third time and passed, the mo- RECORD under ‘‘Text of amendments.’’)

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

S11375

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\G06DE6.130 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11376 CONGRESSIONAL RECORD — SENATE December 6, 2006 The amendment was ordered to be las, Texas, as the ‘‘Dr. Robert E. Price WALLACE W. SYKES POST OFFICE engrossed and the bill read the third Post Office Building’’ was considered, BUILDING time. ordered to a third reading, read the The bill (H.R. 5990) to designate the The bill (H.R. 864), as amended, was third time, and passed. facility of the United States Postal read the third time and passed. f Service located at 415 South 5th Ave- f nue in Maywood, Illinois, as the ‘‘Wal- BEVERLY J. WILSON POST OFFICE lace W. Sykes Post Office Building’’ UNANIMOUS-CONSENT AGREEMENT BUILDING was considered, ordered to a third read- Mr. FRIST. Mr. President, I ask A bill (H.R. 4720) to designate the fa- ing, read the third time, and passed. unanimous consent the Homeland Se- cility of the United States Postal Serv- curity and Governmental Affairs Com- ice located at 200 Gateway Drive in f mittee be discharged and the Senate Lincoln, California, as the ‘‘Beverly J. proceed to the immediate en bloc con- Wilson Post Office Building’’ was con- CHUCK FORTENBERRY POST sideration of the following postal nam- sidered, ordered to a third reading, OFFICE BUILDING ing bills: read the third time, and passed. The bill (H.R. 6078) to designate the S. 4050, H.R. 1472, H.R. 4246, H.R. 4720, f facility of the United States Postal H.R 5108, H.R. 5736, H.R. 5857, H.R. 5923, Service located at 307 West Wheat H.R. 5989, H.R. 5990, H.R. 6078, H.R. 6102, LANCE CORPORAL ROBERT A. Street in Woodville, Texas, as the H.R. 6151. MARTINEZ POST OFFICE BUILDING ‘‘Chuck Fortenberry Post Office Build- The PRESIDING OFFICER. Without A bill (H.R. 5108) to designate the fa- ing’’ was considered, ordered to a third objection, it is so ordered. cility of the United States Postal Serv- reading, read the third time, and There being no objection, the Senate ice located at 1213 East Houston Street passed. proceeded to consider the bills en bloc. in Cleveland, Texas, as the ‘‘Lance Cor- f f poral Robert A. Martinez Post Office Building’’ was considered, ordered to a SERGEANT FIRST CLASS ROBERT third reading, read the third time, and CAPTAIN CHRISTOPHER PETTY LEE ‘‘BOBBY’’ HOLLAR, JR. POST passed. POST OFFICE BUILDING OFFICE BUILDING The bill (H.R. 6102) to designate the f The bill (S. 4050) to designate the fa- facility of the United States Postal cility of the United States Postal Serv- VINCENT J. WHIBBS, SR. POST Service located at 200 Lawyers Road, ice located at 103 East Thompson OFFICE BUILDING NW in Vienna, Virginia, as the ‘‘Cap- tain Christopher Petty Post Office Street in Thomaston, Georgia, as the A bill (H.R. 5736) to designate the fa- Building’’ was considered, ordered to a ‘‘Sergeant First Class Robert Lee cility of the United States Postal Serv- third reading, read the third time, and ‘Bobby’ Hollar, Jr. Post Office Build- ice located at 101 Palafox Place in Pen- passed. ing’’ was ordered to be engrossed for a sacola, Florida, as the ‘‘Vincent J. third reading, was read the third time, Whibbs, Sr. Post Office Building’’ was f and passed, as follows: considered, ordered to a third reading, S. 4050 read the third time, and passed. HAMILTON H. JUDSON POST Be it enacted by the Senate and House of Rep- f OFFICE BUILDING resentatives of the United States of America in Congress assembled, MORRIS K. ‘‘MO’’ UDALL POST The bill (H.R. 6151) to designate the SECTION 1. SERGEANT FIRST CLASS ROBERT LEE OFFICE BUILDING facility of the United States Postal ‘‘BOBBY’’ HOLLAR, JR. POST OFFICE Service located at 216 Oak Street in BUILDING. The bill (H.R. 5857) to designate the Farmington, Minnesota, as the ‘‘Ham- (a) DESIGNATION.—The facility of the facility of the United States Postal ilton H. Judson Post Office Building’’ United States Postal Service located at 103 Service located at 1501 South was considered, ordered to a third read- East Thompson Street in Thomaston, Geor- Cherrybell Avenue in Tucson, Arizona, ing, read the third time, and passed. gia, shall be known and designated as the as the ‘‘Morris K. ‘Mo’ Udall Post Of- ‘‘Sergeant First Class Robert Lee ‘Bobby’ fice Building’’ was considered, ordered f Hollar, Jr. Post Office Building’’. to a third reading, read the third time, (b) REFERENCES.—Any reference in a law, and passed. map, regulation, document, paper, or other MEASURE DISCHARGED AND record of the United States to the facility re- f PLACED ON THE CALENDAR—S. ferred to in subsection (a) shall be deemed to 3990 DR. LEONARD PRICE STAVISKY be a reference to the ‘‘Sergeant First Class Mr. FRIST. Mr. President, I ask Robert Lee ‘Bobby’ Hollar, Jr. Post Office POST OFFICE BUILDING Building’’. unanimous consent that the Homeland The bill (H.R. 5923) to designate the Security and Governmental Affairs f facility of the United States Postal Committee be discharged from further Service located at 29–50 Union Street in consideration of S. 3990 and the bill be TITO PUENTE POST OFFICE Flushing, New York, as the ‘‘Dr. Leon- placed on the Senate Calendar. BUILDING ard Price Stavisky Post Office Build- The PRESIDING OFFICER. Without A bill (H.R. 1472) to designate the fa- ing’’ was considered, ordered to a third objection, it is so ordered. cility of the United States Postal Serv- reading, read the third time, and ice located at 167 East 124th Street in passed. f New York, New York, as the ‘‘Tito f Puente Post Office Building’’ was con- DIETARY SUPPLEMENT AND NON- sidered, ordered to a third reading, JOHN J. SINDE POST OFFICE PRESCRIPTION DRUG CONSUMER read the third time, and passed. BUILDING PROTECTION ACT f The bill (H.R. 5989) to designate the Mr. FRIST. Mr. President, I ask facility of the United States Postal unanimous consent that the Senate DR. ROBERT E. PRICE POST Service located at 10240 Roosevelt Road proceed to the immediate consider- OFFICE BUILDING in Westchester, Illinois, as the ‘‘John ation of Calendar No. 586, S. 3546. A bill (H.R. 4246) to designate the fa- J. Sinde Post Office Building’’ was con- The PRESIDING OFFICER. The cility of the United States Postal Serv- sidered, ordered to a third reading, clerk will report the bill by title. ice located at 8135 Forest Lane in Dal- read the third time, and passed. The legislative clerk read as follows:

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.130 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11377 A bill (S. 3546) to amend the Federal Food, after the new information is received by the reverse event reports provided by the Secretary to Drug, and Cosmetic Act with respect to seri- sponsible person. any health, food, or drug officer or employee of ous adverse event reporting for dietary sup- ‘‘(3) CONSOLIDATION OF REPORTS.—The Sec- any State, territory, or political subdivision of a plements and nonprescription drugs, and for retary shall develop systems to ensure that du- State or territory, shall not— other purposes. plicate reports of, and new medical information ‘‘(i) be made publicly available pursuant to There being no objection, the Senate related to, a serious adverse event shall be con- any State or other law requiring disclosure of solidated into a single report. proceeded to consider the bill which information or records; or ‘‘(4) EXEMPTION.—The Secretary, after pro- ‘‘(ii) otherwise be disclosed or distributed to had been reported from the Committee viding notice and an opportunity for comment any party without the written consent of the on Health, Education, Labor, and Pen- from interested parties, may establish an exemp- Secretary and the person submitting such infor- sions, with an amendment to strike all tion to the requirements under paragraphs (1) mation to the Secretary. after the enacting clause and insert in and (2) if the Secretary determines that such ex- ‘‘(C) USE OF SAFETY REPORTS.—Nothing in lieu thereof the following: emption would have no adverse effect on public this section shall permit a State, territory, or po- health. litical subdivision of a State or territory, to use SECTION 1. SHORT TITLE. ‘‘(d) CONTENTS OF REPORTS.—Each serious any safety report received from the Secretary in This Act may be cited as the ‘‘Dietary Supple- adverse event report under this section shall be a manner inconsistent with subsection (g) or ment and Nonprescription Drug Consumer Pro- submitted to the Secretary using the MedWatch section 756. tection Act’’. form, which may be modified by the Secretary ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— SEC. 2. SERIOUS ADVERSE EVENT REPORTING for nonprescription drugs, and may be accom- There are authorized to be appropriated to carry FOR NONPRESCRIPTION DRUGS. panied by additional information. out this section such sums as may be nec- (a) IN GENERAL.—Chapter VII of the Federal ‘‘(e) MAINTENANCE AND INSPECTION OF essary.’’. Food, Drug, and Cosmetic Act (21 U.S.C. 371 et RECORDS.— (b) MODIFICATIONS.—The Secretary of Health seq.) is amended by adding at the end the fol- ‘‘(1) MAINTENANCE.—The responsible person and Human Services may modify requirements lowing: shall maintain records related to each report of under the amendments made by this section in ‘‘Subchapter H—Serious Adverse Event an adverse event received by the responsible per- accordance with section 553 of title 5, United Reports son for a period of 6 years. States Code, to maintain consistency with inter- ‘‘(2) RECORDS INSPECTION.— ‘‘SEC. 760. SERIOUS ADVERSE EVENT REPORTING national harmonization efforts over time. ‘‘(A) IN GENERAL.—The responsible person FOR NONPRESCRIPTION DRUGS. (c) PROHIBITED ACT.—Section 301(e) of the shall permit an authorized person to have access ‘‘(a) DEFINITIONS.—In this section: Federal Food, Drug, and Cosmetic Act (21 to records required to be maintained under this ‘‘(1) ADVERSE EVENT.—The term ‘adverse U.S.C. 331(e)) is amended by— section, during an inspection pursuant to sec- event’ means any health-related event associ- (1) striking ‘‘, or 704(a);’’ and inserting ‘‘, tion 704. ated with the use of a nonprescription drug that 704(a), or 760;’’; and ‘‘(B) AUTHORIZED PERSON.—For purposes of (2) striking ‘‘, or 564’’ and inserting ‘‘, 564, or is adverse, including— this paragraph, the term ‘authorized person’ ‘‘(A) an event occurring from an overdose of 760’’. means an officer or employee of the Department (d) MISBRANDING.—Section 502 of the Federal the drug, whether accidental or intentional; of Health and Human Services who has— ‘‘(B) an event occurring from abuse of the Food, Drug, and Cosmetic Act (21 U.S.C. 352) is ‘‘(i) appropriate credentials, as determined by amended by adding at the end the following: drug; the Secretary; and ‘‘(C) an event occurring from withdrawal from ‘‘(x) If it is a nonprescription drug (as defined ‘‘(ii) been duly designated by the Secretary to in section 760) that is marketed in the United the drug; and have access to the records required under this ‘‘(D) any failure of expected pharmacological States, unless the label of such drug includes an section. address or phone number through which the re- action of the drug. ‘‘(f) PROTECTED INFORMATION.—A serious ad- sponsible person (as described in section 760) ‘‘(2) NONPRESCRIPTION DRUG.—The term ‘non- verse event report submitted to the Secretary may receive a report of a serious adverse event prescription drug’ means a drug that is— under this section, including any new medical (as defined in section 760) with such drug.’’. ‘‘(A) not subject to section 503(b); and information submitted under subsection (c)(2), (e) EFFECTIVE DATES.— ‘‘(B) not subject to approval in an application or an adverse event report voluntarily submitted (1) IN GENERAL.—Except as provided in para- submitted under section 505. to the Secretary shall be considered to be— graph (2), the amendments made by this section ‘‘(3) SERIOUS ADVERSE EVENT.—The term ‘seri- ‘‘(1) a safety report under section 756 and may shall take effect 1 year after the date of enact- ous adverse event’ is an adverse event that— be accompanied by a statement, which shall be ment of this Act. ‘‘(A) results in— a part of any report that is released for public (2) MISBRANDING.—Section 502(x) of the Fed- ‘‘(i) death; disclosure, that denies that the report or the eral Food, Drug, and Cosmetic Act (as added by ‘‘(ii) a life-threatening experience; records constitute an admission that the product this section) shall apply to any nonprescription ‘‘(iii) inpatient hospitalization; involved caused or contributed to the adverse drug (as defined in such section 502(x)) labeled ‘‘(iv) a persistent or significant disability or event; and on or after the date that is 1 year after the date incapacity; or ‘‘(2) a record about an individual under sec- of enactment of this Act. ‘‘(v) a congenital anomaly or birth defect; or tion 552a of title 5, United States Code (com- (3) GUIDANCE.—Not later than 270 days after ‘‘(B) requires, based on reasonable medical monly referred to as the ‘Privacy Act of 1974’) the date of enactment of this Act, the Secretary judgment, a medical or surgical intervention to and a medical or similar file the disclosure of of Health and Human Services shall issue guid- prevent an outcome described under subpara- which would constitute a violation of section ance on the minimum data elements that should graph (A). 552 of such title 5 (commonly referred to as the be included in a serious adverse event report de- ‘‘(4) SERIOUS ADVERSE EVENT REPORT.—The ‘Freedom of Information Act’), and shall not be scribed under the amendments made by this Act. term ‘serious adverse event report’ means a re- publicly disclosed unless all personally identifi- port that is required to be submitted to the Sec- able information is redacted. SEC. 3. SERIOUS ADVERSE EVENT REPORTING FOR DIETARY SUPPLEMENTS. retary under subsection (b). ‘‘(g) RULE OF CONSTRUCTION.—The submission ‘‘(b) REPORTING REQUIREMENT.—The manu- of any adverse event report in compliance with (a) IN GENERAL.—Chapter VII of the Federal facturer, packer, or distributor whose name this section shall not be construed as an admis- Food, Drug, and Cosmetic Act (21 U.S.C. 371 et (pursuant to section 502(b)(1)) appears on the sion that the nonprescription drug involved seq.) is amended by adding at the end the fol- label of a nonprescription drug marketed in the caused or contributed to the adverse event. lowing: United States (referred to in this section as the ‘‘(h) PREEMPTION.— ‘‘SEC. 761. SERIOUS ADVERSE EVENT REPORTING ‘responsible person’) shall submit to the Sec- ‘‘(1) IN GENERAL.—No State or local govern- FOR DIETARY SUPPLEMENTS. retary any report received of a serious adverse ment shall establish or continue in effect any ‘‘(a) DEFINITIONS.—In this section: event associated with such drug when used in law, regulation, order, or other requirement, re- ‘‘(1) ADVERSE EVENT.—The term ‘adverse the United States, accompanied by a copy of the lated to a mandatory system for adverse event event’ means any health-related event associ- label on or within the retail package of such reports for nonprescription drugs, that is dif- ated with the use of a dietary supplement that drug. ferent from, in addition to, or otherwise not is adverse. ‘‘(c) SUBMISSION OF REPORTS.— identical to, this section. ‘‘(2) SERIOUS ADVERSE EVENT.—The term ‘seri- ‘‘(1) TIMING OF REPORTS.—The responsible ‘‘(2) EFFECT OF SECTION.— ous adverse event’ is an adverse event that— person shall submit to the Secretary a serious ‘‘(A) IN GENERAL.—Nothing in this section ‘‘(A) results in— adverse event report no later than 15 business shall affect the authority of the Secretary to ‘‘(i) death; days after the report is received through the ad- provide adverse event reports and information to ‘‘(ii) a life-threatening experience; dress or phone number described in section any health, food, or drug officer or employee of ‘‘(iii) inpatient hospitalization; 502(x). any State, territory, or political subdivision of a ‘‘(iv) a persistent or significant disability or ‘‘(2) NEW MEDICAL INFORMATION.—The re- State or territory, under a memorandum of un- incapacity; or sponsible person shall submit to the Secretary derstanding between the Secretary and such ‘‘(v) a congenital anomaly or birth defect; or any new medical information, related to a sub- State, territory, or political subdivision. ‘‘(B) requires, based on reasonable medical mitted serious adverse event report that is re- ‘‘(B) PERSONALLY-IDENTIFIABLE INFORMA- judgment, a medical or surgical intervention to ceived by the responsible person within 1 year of TION.—Notwithstanding any other provision of prevent an outcome described under subpara- the initial report, no later than 15 business days law, personally-identifiable information in ad- graph (A).

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‘‘(3) SERIOUS ADVERSE EVENT REPORT.—The a part of any report that is released for public of Health and Human Services shall issue guid- term ‘serious adverse event report’ means a re- disclosure, that denies that the report or the ance on the minimum data elements that should port that is required to be submitted to the Sec- records constitute an admission that the product be included in a serious adverse event report as retary under subsection (b). involved caused or contributed to the adverse described under the amendments made by this ‘‘(b) REPORTING REQUIREMENT.— event; and Act. N GENERAL ‘‘(1) I .—The manufacturer, packer, ‘‘(2) a record about an individual under sec- SEC. 4. PROHIBITION OF FALSIFICATION OF RE- or distributor of a dietary supplement whose tion 552a of title 5, United States Code (com- PORTS. name (pursuant to section 403(e)(1)) appears on monly referred to as the ‘Privacy Act of 1974’) (a) IN GENERAL.—Section 301 of the Federal the label of a dietary supplement marketed in and a medical or similar file the disclosure of Food, Drug, and Cosmetic Act (21 U.S.C. 331) is the United States (referred to in this section as which would constitute a violation of section amended by adding at the end the following: the ‘responsible person’) shall submit to the Sec- 552 of such title 5 (commonly referred to as the ‘‘(ii) The falsification of a report of a serious retary any report received of a serious adverse ‘Freedom of Information Act’), and shall not be adverse event submitted to a responsible person event associated with such dietary supplement publicly disclosed unless all personally identifi- (as defined under section 760 or 761) or the fal- when used in the United States, accompanied by able information is redacted. sification of a serious adverse event report (as a copy of the label on or within the retail pack- ‘‘(g) RULE OF CONSTRUCTION.—The submission defined under section 760 or 761) submitted to aging of such dietary supplement. of any adverse event report in compliance with the Secretary.’’. ‘‘(2) RETAILER.—A retailer whose name ap- this section shall not be construed as an admis- (b) EFFECTIVE DATE.—The amendment made pears on the label described in paragraph (1) as sion that the dietary supplement involved by this section shall take effect 1 year after the a distributor may, by agreement, authorize the caused or contributed to the adverse event. date of enactment of this Act. manufacturer or packer of the dietary supple- ‘‘(h) PREEMPTION.— ment to submit the required reports for such die- ‘‘(1) IN GENERAL.—No State or local govern- SEC. 5. IMPORTATION OF CERTAIN NON- tary supplements to the Secretary so long as the ment shall establish or continue in effect any PRESCRIPTION DRUGS AND DIETARY SUPPLEMENTS. retailer directs to the manufacturer or packer all law, regulation, order, or other requirement, re- (a) IN GENERAL.—Section 801 of the Federal adverse events associated with such dietary sup- lated to a mandatory system for adverse event Food, Drug, and Cosmetic Act (21 U.S.C. 381) is plement that are reported to the retailer through reports for dietary supplements, that is different amended— the address or telephone number described in from, in addition to, or otherwise not identical section 403(y). to, this section. (1) in subsection (a), by inserting after the ‘‘(c) SUBMISSION OF REPORTS.— ‘‘(2) EFFECT OF SECTION.— third sentence the following: ‘‘If such article is ‘‘(1) TIMING OF REPORTS.—The responsible ‘‘(A) IN GENERAL.—Nothing in this section subject to a requirement under section 760 or 761 person shall submit to the Secretary a serious shall affect the authority of the Secretary to and if the Secretary has credible evidence or in- adverse event report no later than 15 business provide adverse event reports and information to formation indicating that the responsible person days after the report is received through the ad- any health, food, or drug officer or employee of (as defined in such section 760 or 761) has not dress or phone number described in section any State, territory, or political subdivision of a complied with a requirement of such section 760 403(y). State or territory, under a memorandum of un- or 761 with respect to any such article, or has ‘‘(2) NEW MEDICAL INFORMATION.—The re- derstanding between the Secretary and such not allowed access to records described in such sponsible person shall submit to the Secretary State, territory, or political subdivision. section 760 or 761, then such article shall be re- any new medical information, related to a sub- ‘‘(B) PERSONALLY-IDENTIFIABLE INFORMA- fused admission, except as provided in submitted serious adverse event report that is re- TION.—Notwithstanding any other provision of section (b) of this section.’’; and ceived by the responsible person within 1 year of law, personally-identifiable information in ad- (2) in the second sentence of subsection (b)— the initial report, no later than 15 business days verse event reports provided by the Secretary to (A) by inserting ‘‘(1)’’ before ‘‘an article in- after the new information is received by the re- any health, food, or drug officer or employee of cluded’’; sponsible person. any State, territory, or political subdivision of a (B) by inserting before ‘‘final determination’’ ‘‘(3) CONSOLIDATION OF REPORTS.—The Sec- State or territory, shall not— the following: ‘‘or (2) with respect to an article retary shall develop systems to ensure that du- ‘‘(i) be made publicly available pursuant to included within the provision of the fourth sen- plicate reports of, and new medical information any State or other law requiring disclosure of tence of subsection (a), the responsible person related to, a serious adverse event shall be con- information or records; or (as defined in section 760 or 761) can take action solidated into a single report. ‘‘(ii) otherwise be disclosed or distributed to that would assure that the responsible person is ‘‘(4) EXEMPTION.—The Secretary, after pro- any party without the written consent of the in compliance with section 760 or 761, as the viding notice and an opportunity for comment Secretary and the person submitting such infor- case may be,’’; and from interested parties, may establish an exemp- mation to the Secretary. (C) by inserting ‘‘, or, with respect to clause tion to the requirements under paragraphs (1) ‘‘(C) USE OF SAFETY REPORTS.—Nothing in (2), the responsible person,’’ before ‘‘to per- and (2) if the Secretary determines that such ex- this section shall permit a State, territory, or po- form’’. emption would have no adverse effect on public litical subdivision of a State or territory, to use (b) EFFECTIVE DATE.—The amendments made health. any safety report received from the Secretary in by this section shall take effect 1 year after the ‘‘(d) CONTENTS OF REPORTS.—Each serious a manner inconsistent with subsection (g) or date of enactment of this Act. adverse event report under this section shall be section 756. submitted to the Secretary using the MedWatch ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Mr. HATCH. Mr. President, the Die- form, which may be modified by the Secretary There are authorized to be appropriated to carry tary Supplement and Nonprescription for dietary supplements, and may be accom- out this section such sums as may be nec- Drug Consumer Protection Act rep- panied by additional information. essary.’’. resents a too-rare-but-productive alli- ‘‘(e) MAINTENANCE AND INSPECTION OF (b) PROHIBITED ACT.—Section 301(e) of the ance between Democrats and Repub- RECORDS.— Federal Food, Drug, and Cosmetic Act (21 licans and between consumer groups ‘‘(1) MAINTENANCE.—The responsible person U.S.C. 331(e)) is amended by— shall maintain records related to each report of (1) striking ‘‘, or 760;’’ and inserting ‘‘, 760, or and FDA-regulated products manufac- an adverse event received by the responsible per- 761;’’; and turers. This is a significant consumer son for a period of 6 years. (2) striking ‘‘, or 760’’ and inserting ‘‘, 760, or protection measure. On behalf of my ‘‘(2) RECORDS INSPECTION.— 761’’. cosponsors, Senators DURBIN, HARKIN, ‘‘(A) IN GENERAL.—The responsible person (c) MISBRANDING.—Section 403 of the Federal ENZI, KENNEDY, and CORNYN, I want to shall permit an authorized person to have access Food, Drug, and Cosmetic Act (21 U.S.C. 343) is express our enthusiasm that the bill to records required to be maintained under this amended by adding at the end the following: will be approved by the Senate tonight. section during an inspection pursuant to section ‘‘(y) If it is a dietary supplement that is mar- 704. keted in the United States, unless the label of Senator DURBIN, Senator HARKIN, and ‘‘(B) AUTHORIZED PERSON.—For purposes of such dietary supplement includes an address or I have been working on this legislation this paragraph, the term ‘authorized person’ phone number through which the responsible for more than 2 years. Our effort has means an officer or employee of the Department person (as described in section 761) may receive been enhanced by the expertise of of Health and Human Services, who has— a report of a serious adverse event with such di- Chairman ENZI and Senator KENNEDY. ‘‘(i) appropriate credentials, as determined by etary supplement.’’. More recently, we were pleased that the Secretary; and (d) EFFECTIVE DATE.— ‘‘(ii) been duly designated by the Secretary to (1) IN GENERAL.—Except as provided in para- Senator CORNYN joined our ranks. I have access to the records required under this graph (2), the amendments made by this section must also pay great tribute to our lead section. shall take effect 1 year after the date of enact- House sponsor, Representative CHRIS ‘‘(f) PROTECTED INFORMATION.—A serious ad- ment of this Act. CANNON. verse event report submitted to the Secretary (2) MISBRANDING.—Section 403(y) of the Fed- We have consulted broadly with all under this section, including any new medical eral Food, Drug, and Cosmetic Act (as added by who have an interest in this issue—die- information submitted under subsection (c)(2), this section) shall apply to any dietary supple- tary supplement and nonprescription or an adverse event report voluntarily submitted ment labeled on or after the date that is 1 year to the Secretary shall be considered to be— after the date of enactment of this Act. drug manufacturers, consumer and ‘‘(1) a safety report under section 756 and may (3) GUIDANCE.—Not later than 270 days after public health groups, retailers, whole- be accompanied by a statement, which shall be the date of enactment of this Act, the Secretary salers, and, of course, their lawyers! .

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.067 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11379 We have had meeting after meeting So, in essence, grandfathered prod- ishment by the FDA and the Federal with the Food and Drug Administra- ucts are assumed to be safe. But, in Trade Commission, FTC. Their prod- tion. case some may not be, we inserted in ucts should be removed from the mar- Wherever possible, we have incor- the law a strong safety provision and ketplace and the full weight of the law porated provisions to address their con- we also added an ‘‘imminent hazard’’ should be brought down on these bad cerns. authority so that FDA can imme- actors. The result—some 24 months and 21 diately remove from marketing a prod- It is no secret that the FDA is a woe- drafts later—is the bill we consider to- uct it suspects to be unsafe, no ques- fully underfunded agency, which will night. tions asked. be the first to admit that its oversight Some of my colleagues may ask, In 1994, we had no way of knowing of the dietary supplement industry is ‘‘Why is this bill necessary?’’ Let me what products would be marketed in hampered by a lack of resources. For answer that question. the future. But to allay any concerns several years, Senator HARKIN and I Over half our population regularly about the safety of new products, we have worked to rectify that short-com- uses dietary supplements. In fact, one required all manufacturers to submit ing, and we are gratified that our Utah government survey in 2004 indicated information about new ingredients to colleague, Senator BENNETT, chairman that nearly 60 percent of Americans of the Agriculture Appropriations Sub- regularly use dietary supplements to the FDA before they are marketed. This NDI provision has by and large committee, has joined hands with us to maintain or improve their healthy life- infuse some badly needed resources styles. has worked well. It does allow the FDA premarket review for new products. into the FDA. Millions more use nonprescription or For those who are new to this body, over-the-counter drugs, such as aspirin The reason I mention this is to ex- let me mention that in 1994, the Senate or cold tablets. plain the regulatory framework we set agreed not once, but twice, to approve Although the FDA has a voluntary up in 1994 to help assure supplements system to receive reports of problems are manufactured and marketed safely. DSHEA by unanimous consent. The with dietary supplements, and a man- We provided the FDA with an arsenal House also passed this bill by UC. It datory system that covers some OTC of tools to enforce the law. Some they was not controversial. Members recognized then, as they drugs, there is no requirement for man- have used, others not. should now, that supplements are datory reporting for all of these prod- Since that time, the industry has largely safe. But just to make doubly ucts, as there is for prescription drugs grown. By some estimates, it is a $20 and medical devices. billion industry today. sure there was adequate regulation, we I happen to believe supplements are Critics of the industry have decried provided the FDA with an arsenal of vastly more safe than prescription this growth as a negative development, tools to take action against problem- drugs. Indeed, the law which sets out and they have repeatedly said that the atic products. the regulatory framework for supple- industry is ‘‘unregulated.’’ Every time Then comes ephedra. I do not think it is a constructive ex- ments—the Dietary Supplement Health I read that in the paper, or see it on ercise to rehash the history of ephedra. and Education Act, DSHEA, which TV, I cringe. And I know Senator HAR- There were mistakes and problems all Senator HARKIN and I authored with KIN does as well. For it is simply wrong around in how this product’s safety was then-Representative Bill Richardson, to suggest the industry is unregulated. explicitly treats most supplement Indeed, under DSHEA, we set out a evaluated and addressed. But something did stand out: one products as foods. So, I in no way am legal definition of what could be mar- company had literally hundreds, if not suggesting that supplement products keted as a dietary supplement. We set thousands, of reports about products should be treated the same as prescrip- out a safety standard that products with this product, none of which were tion medications. must have to meet. We allowed the When we enacted DSHEA, we sepa- revealed to Federal authorities. FDA to develop good manufacturing There is no question in my mind that rated supplements into two cat- process standards for supplements, and egories—those that were on the market the too-long safety evaluation of we have repeatedly asked the agency to ephedra would have been shortened in the United States at the time of en- issue those standards so they can be actment, and those which would be considerably had we known earlier applied to products as they are being about these reports. marketed in the future—new dietary manufactured. We clarified what types ingredients’’. The presumption of Two years ago, I began discussing of claims could be made about the with those who are interested in die- DSHEA, which by and large has worked products and what could not. We said welt, is that products already on the tary supplement regulation whether it these statements must be truthful and market were being used safely. Some of would be wise to implement a system not misleading. these products, in fact, have been used of mandatory adverse event reporting, All of these requirements are set out safely for decades, if not millennia. AER, for those products. Those ‘‘grandfathered’’ products are in the law and are to be administered While I am reluctant to argue for not subject to any kind of premarket by the regulatory agency, the FDA. greater government regulation, in this clearance by the FDA. And while the great, great majority case it seemed to me a good case could And for good reason. of supplement products are used safely, be made that an AER system for sup- The cost and time alone required to there have been problems with some plements could complement the work see a product through FDA approval products. Some of these problems re- we achieved with DSHEA and improve would sound the death knell for this in- late to manufacturing. Some relate to the government’s ability to address the dustry. Most supplement products can- labeling. relatively few problems which arose. not be patented, and there is no incen- Critics of supplements attribute any Senator DURBIN and Senator HARKIN tive for a manufacturer to put its prod- problem which might crop up to the were also having similar thoughts. uct through this costly and onerous fact that the industry is ‘‘unregu- We joined forces and after much process when any other manufacturer lated.’’ study, discussion and negotiation, pro- could benefit equally from the fruits of As I have proven, the industry is in- duced S. 3546. the research and investment. deed regulated. It is just not regulated It may be surprising to many of our Finally, we also authorized the FDA in the same fashion as drugs or devices. colleagues that Senators HATCH, DUR- to establish good manufacturing prac- And it is worth highlighting that this BIN, HARKIN, ENZI and KENNEDY stand tice standards, GMPs, for supplements. is an industry largely comprised of together on this legislation—we come Unfortunately, some 12 years later, men and women of good will, who want from very different perspectives on die- those GMPs are still in the develop- to provide the public with health en- tary supplement regulation. ment stage, even though they were hancing products. And while we are each very pas- first finalized by the Clinton adminis- Let me hasten to add that we all rec- sionate about our views, we are united tration. ognize there are bad actors in the sup- in a common goal: improving the pub- Senator HARKIN and I have spent sev- plement industry, those who break the lic health. eral years trying to free them up, but law and mislead consumers. They The premise for this bill is simple: that is a story for another time. should be subject of swift and sure pun- mandating a system to provide the

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.076 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11380 CONGRESSIONAL RECORD — SENATE December 6, 2006 government with information about se- For dietary supplements, an ‘‘adverse good actors from the bad. This is one rious adverse events associated with event’’ means any health-related event way to show that this industry is a re- the use of two types of FDA-regulated associated with the use of a dietary spectable, mainstream industry. Other products—dietary supplements and supplement that is adverse. major industries, e.g. pharmaceuticals, over-the-counter drugs—provides Fed- The reports will be submitted on the devices, are subject to mandatory AER eral authorities with a better tool to current MedWatch form, unless the reporting. Supplements are only han- respond to any problems which might Secretary of Health and Human Serv- dled through the voluntary reporting occur. This is an important public ices chooses to modify that form at system. health initiative, which at the same some point. And, I disagree with you those who time safeguards access to dietary sup- The bill makes clear that State avow there is no consumer safety ben- plements and over-the-counter drugs. health officials may have access to the efit. Let’s take an easy case—where There is currently a voluntary re- adverse event reports, but that the there is a bad batch of a product. Ena- porting system for supplements and Federal reporting system would super- bling the FDA to know quickly there is some OTC drugs our bill would replace sede any state reporting laws. a problem can help industry and the that with a mandatory system. As we met to develop this legislation, public. Senator HARKIN and I have a long- one thing we struggled with was the Other critics note that the FDA fails standing interest in regulation of these need to encourage responsible report- to pursue egregious violations of products; stemming back to our work ing in a way that manufacturers could DSHEA. They question why this pro- on DSHEA. implement. Some manufacturers indi- gram will help. As I discussed earlier, Senator DURBIN, as the former chair cated to us, for example, that they Senator Harkin and I have been work- of the House Agriculture Appropria- were not medical experts and could not ing to increase FDA’s funding for re- tions Subcommittee, is one of the most determine in every case if a reporter’s sponsible enforcement of DSHEA. I knowledgeable senators in this body problem met the definition of ‘‘seri- have also discussed this with the Com- when it comes to FDA matters. ous’’ contained in the bill. missioner-nominee, Dr. Andrew von Our collaboration on this legislation, To address this, we allow manufac- Eschenbach, whom I expect we will along with the distinguished chairman turers to contract with third parties to confirm tomorrow. and ranking minority member of the handle the collection of reports. The I listened carefully to one of my con- committee of jurisdiction, the Health, manufacturers, of course, would still be stituents who opposes this effort. He Education, Labor and Pensions Com- ultimately responsible for reporting. suggested that the FDA’s voluntary mittee, both of whom were integral to Another concern was making certain system, the CAERS system, should be this process, has produced a bill which we appropriately defined the role of re- able to handle any reports of problems. strikes the right balance between nec- tailers, who are selling a range of prod- Public health experts will agree that a voluntary system is not as good a sen- essary regulation and over-regulation. ucts, some supplements, some OTCs, This is how the new system will some not. We determined that retailers tinel as a mandatory system. In addi- work: would not be considered reporting par- tion, those who report under the voluntary system are more likely to be Manufacturers, packers or distribu- ties. If, however, a retailer contracts physicians. Encouraging consumers to tors of OTC drugs or dietary supple- with manufacturers to distribute ‘‘pri- report to manufacturers through a ments marketed in the United States vate label’’ products, they may author- phone number or address on the prod- must provide to the FDA within 15 ize the manufacturer or packer to sub- uct’s label will ensure a more thorough business days any reports of a serious mit reports, as long as the retailer di- reporting system. adverse event associated with their rectors to the manufacturer all reports Yet another concern I have heard is products. Accompanying that report it receives. that this bill has a significant eco- must be a copy of the label on or with- We also wanted to allow the FDA the nomic impact that has not been stud- in the retail packaging of the supple- flexibility to manage this program. At ied appropriately. One estimate I have ment. its request, we made the program self- heard is that it could cost tens of mil- The definition of serious event is pro- implementing. We also included a pro- lions of dollars a year to industry and scribed within the legislation. It is ei- vision to allow the Secretary, after no- consumers. ther an event that results in a death, tice and comment from interested par- I have to say that these estimates do life-threatening experience, inpatient ties, to establish an exemption to the not seem to be supported by other in- hospitalization, persistent or signifi- reporting requirements if there would dustry representatives who already are cant disability or incapacity, or con- be no adverse effect on public health. instituting reporting systems of their genital anomaly or birth defect... or it Finally, there are provisions in the own. During the drafting of this bill, is an event that requires based on rea- bill to impose penalties for not report- we worked very hard to keep require- sonable medical judgment a medical or ing, not providing on the product label ments to the minimum that would be surgical intervention to prevent one of an address or phone number for report- necessary for a complete and full re- the outcomes I have just listed. ing, and for providing a false report. porting of serious adverse events. The bill requires that those reporting The law will go into effect one year In addition, I have heard a sugges- must, for one year, provide any new after the date of enactment. tions that a better alternative to this medical information related to the se- Before I close, I want to address some bill would be a 1–800 number that con- rious adverse event report. Again, that of the concerns that representatives of sumers can use to contact FDA di- information must be submitted within the dietary supplement industry have rectly to report complaints. I discussed 15 days. voiced with this legislation. this idea with my colleagues and the In addition, manufacturers, packers First, some have suggested there is FDA and found little support for this and distributors must keep for 6 years no need for this legislation from a pub- idea. What this could do is shift onto records of any adverse event associated lic policy or a consumer safety perspec- FDA the majority of reports about with the product, even though there is tive. I disagree. product problems. In other words, FDA no reporting requirement unless the Many have unfairly criticized the in- fears that consumers would start event meets the definition of serious. dustry over media reports that supple- phoning the agency, rather than the For over-the-counter drugs, the defi- ments are unsafe because there is no manufacturer, to report complaints for nition of ‘‘adverse event’’ is a health- pre-market approval. While I can never things like broken bottles or tablets, related event associated with the use of support any system that requires pre- or to answer questions about usage. It a nonprescription drug that is adverse, market approval for supplements, I is easy to see how this could end up re- including: an event occurring from an have become convinced that having a lieving manufacturers of some of their overdose, whether accidental or inten- system in place to identify problems consumer-related responsibilities and tional; an event occurring from abuse quickly can only enhance the authori- shift that onto the FDA. of the drug, or withdrawal from the ties we gave the FDA with DSHEA. Let me hasten to add that I under- drug; or any failure of pharmacological It is also good policy. As the industry stand the motivation behind these con- action. matures, we need to separate out the cerns. I will keep a close watch on this

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.077 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11381 new program as it is implemented, and Unfortunately, this is not the case The bill (S. 3546), as amended, was or- pledge to reexamine it should problems for all supplements. Some cause dan- dered to be engrossed for a third read- of implementation arise. gerous health problems: increased ing, was read the third time, and In closing, I want to thank my col- blood pressure, heart attack, stroke, passed. leagues for the spirit of collaboration seizures and liver failure. Ephedra is f which led to development of this legis- the most well-known among these. lation. In particular, I want to thank Under the Dietary Supplement Heath PROVIDING FOR CERTAIN LANDS Senator DURBIN for his leadership on and Education Act, DSHEA, which TO BE HELD IN TRUST FOR THE this issue. While we may not have al- passed in 1994, supplement manufactur- UTU UTU GWAITU PAIUTE TRIBE ways agreed on every provision, we did ers are not required to prove their Mr. FRIST. Mr. President, I ask forge a bill on which we can agree. His products are safe or effective before unanimous consent that the Senate top-notch staffer, now a distinguished they are marketed: supplements are as- proceed to the immediate consider- professor, Krista Donahue, worked sumed safe until proven unsafe. ation of Calendar No. 622, H.R. 854. with us every step of the way. The bill we passed today will help the The PRESIDING OFFICER. The Senator HARKIN is a steadfast sup- FDA identify products that may be clerk will report the bill by title. porter of the dietary supplement indus- causing harm to consumers. The legislative clerk read as follows: try, and his guidance undoubtedly In 2000, the FDA contracted with the A bill (H.R. 854) to provide for certain made this bill a better product. We Institute of Medicine at the National lands to be held in trust for the Utu Utu benefitted greatly from the counsel of Academies of Science to develop a sci- Gwaitu Paiute Tribe. his legislative director, Pam Smith, entific framework for the evaluation of There being no objection, the Senate and before her, Peter Reinecke, his dietary supplements under DSHEA. proceeded to consider the bill. former chief of staff. Peter was instru- IOM’s proposals flowed from their Mr. FRIST. Mr. President, I ask mental in drafting DSHEA as well. first and essential recommendation to unanimous consent that the bill be Senator ENZI and Senator KENNEDY, Congress: Make adverse event report- read a third time and passed, the mo- both long-time experts in food and drug ing mandatory. They asserted that tion to reconsider be laid upon the law, have both been most generous in ‘‘adverse event reports have consider- table, and that any statements relating their time and in moving the process able strength as potential warning sig- to the bill be printed in the RECORD. forward. Chairman ENZI’s FDA expert, nals of problems requiring attention, The PRESIDING OFFICER. Without Amy Muhlberg, helped guide us making monitoring by the FDA worth- objection, it is so ordered. through this process and was key in while.’’ The bill (H.R. 854) was read the third our success. Senator KENNEDY’s staffer, Unfortunately, under current law, re- time and passed. porting is voluntary and it is not work- David Dorsey, once a top FDA, lawyer, f was instrumental in the drafting and ing. The Office of the Inspector General made countless invaluable suggestions. at the Department of Health and WATER RESOURCES RESEARCH I will take this opportunity to thank Human Services, HHS, estimated in ACT AMENDMENTS OF 2006 my own staff—Patti DeLoatche, who 2001 that less than 1 percent of all ad- Mr. FRIST. Mr. President, I ask always stood for common sense and verse events associated with dietary unanimous consent that the Senate reason during heated arguments, the supplements are reported to the FDA. proceed to the immediate consider- elusive Bruce Artim, now a top staffer My own experience reinforces the ation of Calendar No. 641, H.R. 4588. at Eli Lilley, and of course, Patricia need for a mandatory system of report- The PRESIDING OFFICER. The Knight, who helped draft DSHEA with ing. Metabolife told the FDA in Feb- clerk will report the bill by title. me as well. ruary of 1999 that, ‘‘Metabolife has The legislative clerk read as follows: Finally, we couldn’t have done it never been made aware of any adverse A bill (H.R. 4588) to reauthorize grants for without Liz King and Stacey Kern- health events by consumers of its prod- and require applied water supply research re- Scheerer in Legislative Counsel, who ucts. Metabolife has never received a garding the water resources research and patiently produced the 21 drafts lead- notice from a consumer that any seri- technology institutes established under the ing to the bill today. ous adverse health event has occurred Water Resources Research Act of 1984. I must also note the groups that also because of ingestion of Metabolife 356.’’ There being no objection, the Senate support the bill—the Consumer’s The Justice Department began inves- proceeded to consider the bill. Union, the Center for Science in the tigating the truthfulness of that state- Mr. FRIST. Mr. President, I ask Public Interest, the Consumer ment and found that Metabolife was unanimous consent that the amend- Healthcare Products Association, the holding 16,500 adverse event reports, in- ment at the desk be agreed to, the bill, Natural Products Association, the cluding almost 2,000 significant car- as amended, be read a third time and Council for Responsible Nutrition, the diac, neurological and psychiatric re- passed, the motion to reconsider be American Herbal Products Association, ports. laid upon the table, and that any state- and finally and most importantly, the The Dietary Supplement and Non- ments relating to the bill be printed in Utah Natural Products Association. prescription Drug Consumer Protection the RECORD. That these groups, not often united— Act will prevent this scenario from The PRESIDING OFFICER. Without at least on this subject—can rally ever happening again. Manufacturers of objection, it is so ordered. around our bill today is a testament to over-the-counter drugs and dietary The amendment (No. 5213) was agreed good policy, good politics, and a sur- supplements will be required to send to, as follows: viving bipartisan spirit. these reports to the FDA. AMENDMENT NO. 5213 It is my hope the Senate will give I would like to thank Senators (Purpose: To modify provisions relating to swift approval to this bipartisan meas- HATCH, HARKIN, ENZI and KENNEDY, scope of research, other activities, and co- ure and that the House will shortly who have worked with me for the last operation and coordination) thereafter do the same. 3 years on this important issue. On page 2, strike line 6 and insert the fol- Mr. DURBIN. Mr. President, today, Mr. FRIST. Mr. President, I ask lowing: the Senate adopted a bipartisan bill unanimous consent that the com- ‘‘(B) the exploration of new ideas that— that provides the Food and Drug Ad- mittee-reported amendment be agreed ‘‘(i) address water problems; or ministration with the tools it needs to to, the bill, as amended, be read a third ‘‘(ii) expand understanding of water and help monitor the safety of dietary sup- time and passed, the motion to recon- water-related phenomena; plements. sider be laid upon the table, and that On page 3, line 24, strike ‘‘and’’. Dietary supplements are safely con- any statements relating to the bill be On page 4, strike lines 1 and 2 and insert sumed by millions of Americans every the following: printed in the RECORD. ‘‘(C) advances in water infrastructure and day. I myself take a multivitamin The PRESIDING OFFICER. Without water quality improvements; and every morning. The vast majority of objection, it is so ordered. ‘‘(D) methods for identifying, and deter- these supplements do not result in The committee amendment in the mining the effectiveness of, treatment tech- harm to the consumer. nature of a substitute was agreed to. nologies and efficiencies.’’.

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.078 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11382 CONGRESSIONAL RECORD — SENATE December 6, 2006 On page 4, line 5, strike ‘‘5’’ and insert Mr. HARKIN. Mr. President, today I NATIONAL SECURITY WORKING ‘‘7.5’’. introduced along with several col- GROUP The amendment was ordered to be leagues legislation that will extend the Mr. FRIST. Mr. President, I ask engrossed and the bill to be read a current waiver of the 15-year term unanimous consent that the Senate third time. limit on USDA guaranteed loans which proceed to the consideration of S. Res. The bill (H.R. 4588), as amended, was will expire on December 31, 2006. Start- 625 which was submitted earlier today. read the third time and passed. ing January 1, 2007, many producers na- The PRESIDING OFFICER. The f tionwide will become ineligible for clerk will report the resolution by Farm Service Agency, FSA, guaranteed CLARIFYING CERTAIN LAND USE title. loans. These loan guarantees enable The legislative clerk read as follows: IN JEFFERSON COUNTY, COLO- producers to obtain credit to purchase RADO A resolution (S. Res. 625) extending the au- farmland, livestock, feed, seed, farm thority for the Senate National Security Mr. FRIST. Mr. President, I ask equipment, and fuel essential to their Working Group. unanimous consent that the Senate farming operations. Without the Gov- There being no objection, the Senate proceed to the immediate consider- ernment guarantee many farmers will proceeded to consider the resolution. ation of S. 4092, introduced earlier be unable to secure operating credit Mr. FRIST. I ask unanimous consent today. and will be forced out of their liveli- that the resolution be agreed to and The PRESIDING OFFICER. The hood. the motion to reconsider be laid upon clerk will report the bill by title. The FSA guarantee loan allows lend- the table. The legislative clerk read as follows: ers to make agricultural credit avail- The PRESIDING OFFICER. Without A bill (S. 4092) to clarify certain land use in able to farmers who may not meet the objection, it is so ordered. Jefferson County, Colorado. lenders’ normal underwriting criteria. The resolution (S. Res. 625) was There being no objection, the Senate Borrowers apply for a guaranteed loan agreed to, as follows: proceeded to consider the bill. through an agricultural lender who S. RES. 625 Mr. FRIST. Mr. President, I ask then secures a guarantee from FSA. Resolved, That Senate Resolution 105 of the unanimous consent that the bill be The guarantee covers up to 95 percent One Hundred First Congress, 1st session read a third time and passed, the mo- of the loss to the lender of principal (agreed to on April 13, 1989), as amended by tion to reconsider be laid upon the and interest on a loan in case of de- Senate Resolution 149 of the One Hundred table, and that any statements relating fault. Admirably, default rates on Third Congress, 1st session (agreed to on Oc- tober 5, 1993), as further amended by Senate to the bill be printed in the RECORD. these loans are very low at 1.4 percent. While the 15-year limit on eligibility Resolution 75 of the One Hundred Sixth Con- The PRESIDING OFFICER. Without gress, 1st session (agreed to on March 25, objection, it is so ordered. is intended to graduate producers to 1999), as further amended by Senate Resolu- The bill (S. 4092) was ordered to be commercial credit, we have found that tion 383 of the One Hundred Sixth Congress, engrossed for a third reading, was read in many cases producers simply are un- 2d session (agreed to on October 27, 2000), as the third time, and passed, as follows: able to meet lenders’ standards with- further amended by Senate Resolution 355 of S. 4092 out the guarantee. Term limits on the One Hundred Seventh Congress, 2d ses- guaranteed loans do not adequately sion (agreed to on November 13, 2002), and as Be it enacted by the Senate and House of Rep- further amended by Senate Resolution 480 of resentatives of the United States of America in take into consideration economic and weather conditions. In recent years, the One Hundred Eighth Congress, 2d session Congress assembled, (agreed to November 20, 2004), is further SECTION 1. CLARIFICATION OF CERTAIN LAND many of America’s producers have suf- amended in section 4 by striking ‘‘2006’’ and USE IN JEFFERSON COUNTY, COLO- fered through high energy costs, inserting ‘‘2008’’. RADO. droughts and hurricanes. Without this f Notwithstanding any applicable State or legislation, producers who have suf- local land use or condemnation laws or regu- fered through bad years due to these DAM SAFETY ACT OF 2006 lations, and subject to all applicable Federal laws and regulations, any person that holds weather and economic conditions will Mr. FRIST. Mr. President, I ask an approved Federal Communications Com- no longer be eligible for loan guaran- unanimous consent that the Senate mission permit to construct or install either tees they need to continue their oper- proceed to the immediate consider- a digital television broadcast station an- ations. ation of Calendar No. 511, S. 2735. tenna or tower, or both, located on Lookout Our bill will extend the term limit The PRESIDING OFFICER. The Mountain in Jefferson County in the State of waiver until September 30, 2007. This clerk will report the bill by title. Colorado, may, at such location, construct, step will help farmers and ranchers na- The legislative clerk read as follows: install, use, modify, replace, repair, or con- tionwide and allow Congress to address A bill (S. 2735) to amend the National Dam solidate such antenna or tower, or both, and term limits on FSA guaranteed loans Safety Program Act to reauthorize the na- all accompanying facilities and services as- tional dam safety program, and for other sociated with such digital television broad- in the coming farm bill. purposes. casts, if such antenna or tower is of the same Mr. FRIST. Mr. President, I ask height or lower than the tallest existing ana- unanimous consent that the bill be There being no objection, the Senate log broadcast antenna or tower at such loca- read three times and passed, the mo- proceeded to consider the bill which tion. tion to reconsider be laid upon the had been from the Committee on Envi- f table, with no intervening action or de- ronment and Public Works with an bate, and that any statements related amendment to strike all after the en- AMENDING THE FARM SECURITY to the bill be printed in the RECORD. acting clause and insert in lieu thereof AND RURAL INVESTMENT ACT The PRESIDING OFFICER. Without the following: OF 2002 objection, it is so ordered. SECTION 1. SHORT TITLE. Mr. FRIST. Mr. President, I ask The bill (S. 4093) was ordered to be This Act may be cited as the ‘‘Dam Safety Act unanimous consent that the Senate engrossed for a third reading, was read of 2006’’. proceed to the immediate consider- the third time, and passed, as follows: SEC. 2. NATIONAL DAM INVENTORY. ation of S. 4093, introduced earlier S. 4093 Section 6 of the National Dam Safety Program today by Senator HARKIN. Be it enacted by the Senate and House of Rep- Act (33 U.S.C. 467d) is amended to read as fol- The PRESIDING OFFICER. The resentatives of the United States of America in lows: clerk will report the bill by title. Congress assembled, ‘‘SEC. 6. NATIONAL DAM INVENTORY. The legislative clerk read as follows: SECTION 1. SUSPENSION OF LIMITATION ON PE- ‘‘(a) IN GENERAL.—The Secretary of the Army, acting through the Chief of Engineers, shall A bill (S. 4093) to amend the Farm Security RIOD FOR WHICH BORROWERS ARE maintain and update information on the inven- and Rural Investment Act of 2002 to extend a ELIGIBLE FOR GUARANTEED ASSIST- ANCE. tory of dams in the United States. suspension of limitation on the period for Section 5102 of the Farm Security and ‘‘(b) REQUIREMENT.—The inventory of dams which certain borrowers are eligible for Rural Investment Act of 2002 (7 U.S.C. 1949 described in subsection (a) shall include a sum- guaranteed assistance. note; Public Law 107–171) is amended by mary of the results of any inspection completed There being no objection, the Senate striking ‘‘December 31, 2006’’ and inserting by either a Federal agency or a State dam safety proceeded to consider the bill. ‘‘September 30, 2007’’. agency.’’.

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 6333 E:\CR\FM\A06DE6.068 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11383

SEC. 3. NATIONAL DAM SAFETY PROGRAM. (A) in the matter preceding clause (i), by (b) TABLE OF CONTENTS.—The table of con- (a) DUTIES.—Section 8(b)(1) of the National striking ‘‘substantially’’; tents for this Act is as follows: Dam Safety Program Act (33 U.S.C. 467f(b)(1)) is (B) by redesignating clauses (iv) through Sec. 1. Short title; table of contents. amended by striking ‘‘and target dates to’’ and (x) as clauses (v) through (xi), respectively; Sec. 2. Findings. inserting ‘‘performance measures, and target (C) by inserting after clause (iii) the fol- Sec. 3. Federal swimming pool and spa drain dates toward effectively administering this Act lowing: cover standard. in order to’’. ‘‘(iv) the authority to require or perform Sec. 4. State swimming pool safety grant pro- (b) ASSISTANCE FOR STATE DAM SAFETY PRO- periodic evaluations of all dams and res- gram. GRAMS.—Section 8(e)(2)(A) of the National Dam ervoirs to determine the extent of the threat Sec. 5. Minimum State law requirements. Safety Program Act (33 U.S.C. 467f(e)(2)(A)) is to human life and property in case of fail- Sec. 6. Education program. amended— ure;’’; and Sec. 7. Definitions. (1) in the matter preceding clause (i), by strik- (D) in clause (vii) (as redesignated by sub- Sec. 8. CPSC report. ing ‘‘substantially’’; paragraph (B)), by inserting ‘‘install and SEC. 2. FINDINGS. (2) by redesignating clauses (iv) through (x) as monitor instrumentation,’’ after ‘‘remedial The Congress finds that— clauses (v) through (xi), respectively; work,’’. (1) of injury-related deaths, drowning is the (3) by inserting after clause (iii) the following: (d) AUTHORIZATION OF APPROPRIATIONS.— second leading cause of death in children aged ‘‘(iv) the authority to require or perform peri- Section 13 of the National Dam Safety Pro- 1 to 14 in the United States; odic evaluations of all dams and reservoirs to gram Act (33 U.S.C. 467j) is amended— (2) many children die due to pool and spa determine the extent of the threat to human life (1) in subsection (a)(1), by striking drowning and entrapment, such as Virginia and property in case of failure;’’; and ‘‘$6,000,000 for each of fiscal years 2003 Graeme Baker, who at age 7 drowned by entrap- (4) in clause (vii) (as redesignated by para- through 2006’’ and inserting ‘‘$6,500,000 for ment in a residential spa; graph (2)), by inserting ‘‘install and monitor in- fiscal year 2007, $7,100,000 for fiscal year 2008, (3) in 2003, 782 children ages 14 and under strumentation,’’ after ‘‘remedial work,’’. $7,600,000 for fiscal year 2009, $8,300,000 for fis- died as a result of unintentional drowning; SEC. 4. AUTHORIZATION OF APPROPRIATIONS. cal year 2010, and $9,200,000 for fiscal year (4) adult supervision at all aquatic venues is Section 13 of the National Dam Safety Pro- 2011’’; a critical safety factor in preventing children gram Act (33 U.S.C. 467j) is amended— (2) in subsection (b), by striking ‘‘$500,000 from drowning; and (1) in subsection (a)(1), by striking ‘‘$6,000,000 for each fiscal year’’ and inserting ‘‘$650,000 (5) research studies show that the installation for each of fiscal years 2003 through 2006’’ and for fiscal year 2007, $700,000 for fiscal year and proper use of barriers or fencing, as well as inserting ‘‘$8,000,000 for each of fiscal years 2007 2008, $750,000 for fiscal year 2009, $800,000 for additional layers of protection, could substan- through 2011’’; fiscal year 2010, and $850,000 for fiscal year tially reduce the number of childhood residen- (2) in subsection (b), by striking ‘‘$500,000 for 2011’’; tial swimming pool drownings and near each fiscal year’’ and inserting ‘‘$1,000,000 for (3) in subsection (c), by striking ‘‘$1,500,000 drownings. each of fiscal years 2007 through 2011’’; for each of fiscal years 2003 through 2006’’ SEC. 3. FEDERAL SWIMMING POOL AND SPA (3) in subsection (c), by striking ‘‘$1,500,000 and inserting ‘‘$1,600,000 for fiscal year 2007, DRAIN COVER STANDARD. for each of fiscal years 2003 through 2006’’ and $1,700,000 for fiscal year 2008, $1,800,000 for fis- (a) CONSUMER PRODUCT SAFETY RULE.—The inserting ‘‘$2,000,000 for each of fiscal years 2007 cal year 2009, $1,900,000 for fiscal year 2010, provisions of subsection (b) shall be considered through 2011’’; and $2,000,000 for fiscal year 2011’’; to be a consumer product safety rule issued by (4) in subsection (d), by striking ‘‘$500,000 for (4) in subsection (d), by striking ‘‘$500,000 the Consumer Product Safety Commission under each of fiscal years 2003 through 2006’’ and infor each of fiscal years 2003 through 2006’’ section 9 of the Consumer Product Safety Act serting ‘‘$700,000 for each of fiscal years 2007 and inserting ‘‘$550,000 for fiscal year 2007, (15 U.S.C. 2058). through 2011’’; and $600,000 for fiscal year 2008, $650,000 for fiscal (b) DRAIN COVER STANDARD.—Effective 1 year (5) in subsection (e), by striking ‘‘$600,000 for year 2009, $700,000 for fiscal year 2010, and after the date of enactment of this Act, each each of fiscal years 2003 through 2006’’ and in- $750,000 for fiscal year 2011’’; and swimming pool or spa drain cover manufac- serting ‘‘$1,000,000 for each of fiscal years 2007 (5) in subsection (e), by striking ‘‘$600,000 tured, distributed, or entered into commerce in through 2011’’. for each of fiscal years 2003 through 2006’’ the United States shall conform to the entrap- Mr. FRIST. I ask unanimous consent and inserting ‘‘$700,000 for fiscal year 2007, ment protection standards of the ASME/ANSI $800,000 for fiscal year 2008, $900,000 for fiscal A112.19.8 performance standard, or any suc- that the amendment at the desk be year 2009, $1,000,000 for fiscal year 2010, and cessor standard regulating the same. agreed to, the committee-reported $1,100,000 for fiscal year 2011’’. SEC. 4. STATE SWIMMING POOL SAFETY GRANT amendment, as amended, be agreed to, The committee amendment in the PROGRAM. the bill, as amended, be read a third nature of a substitute, as amended, was (a) IN GENERAL.—Subject to the availability of timed and passed, the motion to recon- agreed to. appropriations authorized by subsection (e), the sider be laid upon the table, and that The bill (S. 2735), as amended, was or- Commission shall establish a grant program to any statements relating to the bill be provide assistance to eligible States. dered to be engrossed for a third read- (b) ELIGIBILITY.—To be eligible for a grant printed in the RECORD. ing, read the third time and passed. under the program, a State shall— The PRESIDING OFFICER. Without f (1) demonstrate to the satisfaction of the Com- objection, it is so ordered. mission that it has a State statute, or that, after The amendment (No. 5214) was agreed POOL AND SPA SAFETY ACT the date of enactment of this Act, it has enacted to, as follows: Mr. FRIST. Mr. President, I ask a statute, or amended an existing statute, and Strike all after the enacting clause and in- unanimous consent that the Senate provides for the enforcement of, a law that— sert the following: proceed to the immediate consider- (A) except as provided in section 5(a)(1)(A)(i), applies to all swimming pools in the State; and SECTION 1. DAM SAFETY. ation of Calendar No. 654, S. 3718. (B) meets the minimum State law requirements (a) SHORT TITLE.—This section may be The PRESIDING OFFICER. The of section 5; and cited as the ‘‘Dam Safety Act of 2006’’. clerk will report the bill by title. (2) submit an application to the Commission at (b) NATIONAL DAM INVENTORY.—Section 6 of The legislative clerk read as follows: such time, in such form, and containing such the National Dam Safety Program Act (33 A bill (S. 3718) to increase the safety of additional information as the Commission may U.S.C. 467d) is amended to read as follows: swimming pools and spas by requiring the require. ‘‘SEC. 6. NATIONAL DAM INVENTORY. use of proper anti-entrapment drain covers (c) AMOUNT OF GRANT.—The Commission shall ‘‘The Secretary of the Army shall main- and pool and spa drainage systems, by estab- determine the amount of a grant awarded under tain and update information on the inven- lishing a swimming pool safety grant pro- this Act, and shall consider— tory of dams in the United States. Such in- gram administered by the Consumer Product (1) the population and relative enforcement ventory of dams shall include any available Safety Commission to encourage States to needs of each qualifying State; and information assessing each dam based on in- improve their pool and spa safety laws and (2) allocation of grant funds in a manner de- spections completed by either a Federal to educate the public about pool and spa signed to provide the maximum benefit from the agency or a State dam safety agency.’’. safety, and for other purposes. program in terms of protecting children from (c) NATIONAL DAM SAFETY PROGRAM.— There being no objection, the Senate drowning or entrapment, and, in making that (1) DUTIES.—Section 8(b)(1) of the National proceeded to consider the bill, which allocation, shall give priority to States that have Dam Safety Program Act (33 U.S.C. had been reported from the Committee not received a grant under this Act in a pre- 467f(b)(1)) is amended by striking ‘‘and target on Commerce, Science, and Transpor- ceding fiscal year. dates to’’ and inserting ‘‘performance meas- tation with an amendment to strike all (d) USE OF GRANT FUNDS.—A State receiving a ures, and target dates toward effectively ad- grant under this section shall use— ministering this Act in order to’’. after the enacting clause and insert in (1) at least 50 percent of amount made avail- (2) ASSISTANCE FOR STATE DAM SAFETY PRO- lieu thereof the following: able to hire and train enforcement personnel for GRAMS.—Section 8(e)(2)(A) of the National SECTION 1. SHORT TITLE; TABLE OF CONTENTS. implementation and enforcement of standards Dam Safety Program Act (33 U.S.C. (a) SHORT TITLE.—This Act may be cited as under the State swimming pool and spa safety 467f(e)(2)(A)) is amended— the ‘‘Pool and Spa Safety Act’’. law; and

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 6333 E:\CR\FM\A06DE6.079 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11384 CONGRESSIONAL RECORD — SENATE December 6, 2006 (2) the remainder— dible alert device or alarm which sounds when vacuum release system capable of providing vac- (A) to educate pool construction and installa- the door is opened. uum release at a suction outlet caused by a high tion companies and pool service companies (4) POOL ALARM.—A device designed to pro- vacuum occurrence due to a suction outlet flow about the standards; vide rapid detection of an entry into the water blockage. (B) to educate pool owners, pool operators, of a swimming pool or spa. (7) UNBLOCKABLE DRAIN.—The term and other members of the public about the (d) ENTRAPMENT, ENTANGLEMENT, AND EVIS- ‘‘unblockable drain’’ means a drain of any size standards under the swimming pool and spa CERATION PREVENTION STANDARDS TO BE RE- and shape that a human body cannot suffi- safety law and about the prevention of drown- QUIRED.— ciently block to create a suction entrapment ing or entrapment of children using swimming (1) IN GENERAL.—In establishing additional hazard. pools and spas; and minimum State law requirements for swimming (8) SWIMMING POOL; SPA.—The term ‘‘swim- (C) to defray administrative costs associated pools and spas under subsection (a)(1), the Com- ming pool’’ or ‘‘spa’’ means any outdoor or in- with such training and education programs. mission shall require, at a minimum, 1 or more door structure intended for swimming or rec- (e) AUTHORIZATION OF APPROPRIATIONS.— of the following (except for pools constructed reational bathing, including in-ground and There are authorized to be appropriated to the without a single main drain): above-ground structures, and includes hot tubs, Commission for each of fiscal years 2008 through (A) SAFETY VACUUM RELEASE SYSTEM.—A safe- spas, portable spas, and non-portable wading 2012 $10,000,000 to carry out this section, such ty vacuum release system which ceases oper- pools. sums to remain available until expended. ation of the pump, reverses the circulation flow, SEC. 8. CPSC REPORT. SEC. 5. MINIMUM STATE LAW REQUIREMENTS. or otherwise provides a vacuum release at a suc- Within 1 year after the close of each fiscal (a) IN GENERAL.— tion outlet when a blockage is detected, that has year for which grants are made under section 4, (1) SAFETY STANDARDS.—A State meets the been tested by an independent third party and the Commission shall submit a report to the minimum State law requirements of this section found to conform to ASME/ANSI standard Congress evaluating the effectiveness of the if— A112.19.17 or ASTM standard F2387. grant program authorized by that section. (B) SUCTION-LIMITING VENT SYSTEM.—A suc- (A) the State requires by statute— Mr. FRIST. I ask unanimous consent (i) the enclosure of all residential pools and tion-limiting vent system with a tamper-resist- spas by barriers to entry that will effectively ant atmospheric opening. that the committee-reported amend- prevent small children from gaining unsuper- (C) GRAVITY DRAINAGE SYSTEM.—A gravity ment be agreed to, the bill, as amend- vised and unfettered access to the pool or spa; drainage system that utilizes a collector tank. ed, be read a third time and passed, the (ii) that all pools and spas be equipped with (D) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An motion to reconsider be laid upon the devices and systems designed to prevent entrap- automatic pump shut-off system. table, and that any statements relating (E) DRAIN DISABLEMENT.—A device or system ment by pool or spa drains; thereto be printed in the RECORD. (iii) that pools and spas built more than 1 that disables the drain. (F) OTHER SYSTEMS.—Any other system deter- The PRESIDING OFFICER. Without year after the date of enactment of such statute objection, it is so ordered. have— mined by the Commission to be equally effective (I) more than 1 drain; as, or better than, the systems described in sub- The committee amendment in the (II) 1 or more unblockable drains; or paragraphs (A) through (E) of this paragraph nature of a substitute was agreed to. (III) no main drain; and at preventing or eliminating the risk of injury or The bill (S. 3718), as amended, was or- (iv) every swimming pool and spa that has a death associated with pool drainage systems. dered to be engrossed for a third read- main drain, other than an unblockable drain, be (2) APPLICABLE STANDARDS.—Any device or ing, read the third time and passed. equipped with a drain cover that meets the con- system described in subparagraphs (B) through f sumer product safety standard established by (E) of paragraph (1) shall meet the requirements section 3; and of any ASME/ANSI or ASTM performance IRAQ RECONSTRUCTION (B) the State meets such additional State law standard if there is such a standard for such a ACCOUNTABILITY ACT OF 2006 requirements for pools and spas as the Commis- device or system, or any applicable consumer sion may establish after public notice and a 30- product safety standard. The PRESIDING OFFICER. Mr. day public comment period. SEC. 6. EDUCATION PROGRAM. President, I ask unanimous consent (2) USE OF MINIMUM STATE LAW REQUIRE- (a) IN GENERAL.—The Commission shall estab- that the Senate proceed to the imme- MENTS.—The Commission— lish and carry out an education program to in- diate consideration of Calendar No. 666, (A) shall use the minimum State law require- form the public of methods to prevent drowning S. 4046. ments under paragraph (1) solely for the pur- and entrapment in swimming pools and spas. In The PRESIDING OFFICER. The pose of determining the eligibility of a State for carrying out the program, the Commission shall clerk will report the bill by title. a grant under section 4 of this Act; and develop— The legislative clerk read as follows: (B) may not enforce any requirement under (1) educational materials designed for pool paragraph (1) except for the purpose of deter- manufacturers, pool service companies, and pool A bill (S. 4046) to extend oversight and ac- mining the eligibility of a State for a grant supply retail outlets; countability related to United States recon- under section 4 of this Act. (2) educational materials designed for pool struction funds and efforts in Iraq by extend- (3) REQUIREMENTS TO REFLECT NATIONAL PER- owners and operators; and ing the termination date of the Office of the FORMANCE STANDARDS AND COMMISSION GUIDE- (3) a national media campaign to promote Special Inspector General for Iraq Recon- LINES.—In establishing minimum State law re- awareness of pool and spa safety. struction. quirements under paragraph (1), the Commis- (b) AUTHORIZATION OF APPROPRIATIONS.— There being no objection, the Senate sion shall— There are authorized to be appropriated to the proceeded to consider the bill. (A) consider current or revised national per- Commission for each of fiscal years 2008 through Mr. FRIST. I ask unanimous consent formance standards on pool and spa barrier pro- 2012 $5,000,000 to carry out the education pro- that the bill be read a third time and tection and entrapment prevention; and gram authorized by subsection (a). passed, the motion to reconsider be (B) ensure that any such requirements are SEC. 7. DEFINITIONS. consistent with the guidelines contained in the In this Act: laid upon the table, and any state- Commission’s publication 362, entitled ‘‘Safety (1) ASME/ANSI STANDARD.—The term ments relating to the bill be printed in Barrier Guidelines for Home Pools’’, the Com- ‘‘ASME/ANSI standard’’ means a safety stand- the RECORD. mission’s publication entitled ‘‘Guidelines for ard accredited by the American National Stand- The PRESIDING OFFICER. Without Entrapment Hazards: Making Pools and Spas ards Institute and published by the American objection, it is so ordered. Safer’’, and any other pool safety guidelines es- Society of Mechanical Engineers. The bill (S. 4046) was ordered to be tablished by the Commission. (2) ASTM STANDARD.—The term ‘‘ASTM engrossed for a third reading, read the (b) STANDARDS.—Nothing in this section pre- standard’’ means a safety standard issued by third time and passed, as follows: vents the Commission from promulgating stand- ASTM International, formerly known as the ards regulating pool and spa safety or from rely- American Society for Testing and Materials. S. 4046 ing on an applicable national performance (3) BARRIER.—The term ‘‘barrier’’ includes a Be it enacted by the Senate and House of Rep- standard. natural or constructed topographical feature resentatives of the United States of America in (c) BASIC ACCESS-RELATED SAFETY DEVICES that prevents unpermitted access by children to Congress assembled, AND EQUIPMENT REQUIREMENTS TO BE CONSID- a swimming pool, and, with respect to a hot tub, SECTION 1. SHORT TITLE. ERED.—In establishing minimum State law re- a lockable cover. This Act may be cited as the ‘‘Iraq Recon- quirements for swimming pools and spas under (4) COMMISSION.—The term ‘‘Commission’’ struction Accountability Act of 2006’’. subsection (a)(1), the Commission shall consider means the Consumer Product Safety Commis- SEC. 2. MODIFICATION OF THE TERMINATION the following requirements: sion. DATE FOR THE OFFICE OF THE SPE- (1) COVERS.—A safety pool cover. (5) MAIN DRAIN.—The term ‘‘main drain’’ CIAL INSPECTOR GENERAL FOR (2) GATES.—A gate with direct access to the means a submerged suction outlet typically lo- IRAQ RECONSTRUCTION. swimming pool that is equipped with a self-clos- cated at the bottom of a pool or spa to conduct Section 3001(o) of the Emergency Supple- ing, self-latching device. water to a re-circulating pump. mental Appropriations Act for Defense and (3) DOORS.—Any door with direct access to (6) SAFETY VACUUM RELEASE SYSTEM.—The for the Reconstruction of Iraq and Afghani- the swimming pool that is equipped with an au- term ‘‘safety vacuum release system’’ means a stan, 2004 (Public Law 108–106; 117 Stat. 1238;

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.081 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11385 5 U.S.C. App., note to section 8G of Public Whereas William Wilberforce defended the RECOGNIZING THE ACCOMPLISH- Law 95–452), as amended by section 1054(b) of rights of slaves who had no voice in the leg- MENT OF THE AMERICAN COUN- the John Warner National Defense Author- islature of Great Britain and committed CIL OF YOUNG POLITICAL LEAD- ization Act for Fiscal Year 2007 (Public Law himself to sweeping social reform in his ERS 109–364), is amended to read as follows: country; ‘‘(o) TERMINATION.—(1)(A) The Office of the Whereas William Wilberforce joined with Mr. FRIST. Mr. President, I ask Inspector General shall terminate 10 months Sir Thomas Fowell Buxton, Thomas unanimous consent that the Foreign after 80 percent of the funds appropriated or Clarkson, Olaudah Equiano, Harriet Relations Committee be discharged otherwise made available to the Iraq Relief Martineau, Hannah More, and other great from further consideration and the and Reconstruction Fund have been ex- abolitionists in Great Britain; Senate proceed to the immediate con- pended. Whereas William Wilberforce inspired abo- ‘‘(B) For purposes of calculating the termi- litionists in the United States, including sideration of H. Con. Res 430. nation of the Office of the Inspector General William Lloyd Garrison, John Greenleaf The PRESIDING OFFICER. Without under this subsection, any United States Whittier, Ralph Waldo Emerson, Henry objection, it is so ordered. The clerk funds appropriated or otherwise made avail- David Thoreau, and Harriet Beecher Stowe; will report the concurrent resolution able for fiscal year 2006 for the reconstruc- Whereas William Wilberforce also influ- by title. tion of Iraq, irrespective of the designation enced John Quincy Adams, James Monroe, The legislative clerk read as follows: of such funds, shall be deemed to be amounts John Jay, Abraham Lincoln, and Benjamin A concurrent resolution (H. Con. Res. 430) appropriated or otherwise made available to Franklin, along with many leaders in the Af- recognizing the accomplishments of the the Iraq Relief and Reconstruction Fund. rican-American community, among them American Council of Young Political Lead- ‘‘(2) The Special Inspector General for Iraq William Wells Brown, Paul Cuffe, and Ben- ers for providing 40 years of international ex- Reconstruction shall, prior to the termi- jamin Hughes; change programs, increasing international nation of the Office of the Special Inspector Whereas Frederick Douglass said, ‘‘it was dialogue, and enhancing global under- General under paragraph (1), prepare a final the faithful, persistent and enduring enthu- standing, and commemorating its 40th anni- forensic audit report on all funds deemed to siasm of . . . William Wilberforce . . . and versary. be amounts appropriated or otherwise made [his] noble co-workers, that finally thawed available to the Iraq Relief and Reconstruc- the British heart into sympathy for the There being no objection, the Senate tion Fund.’’. slave, and moved the strong arm of the gov- proceeded to consider the concurrent f ernment in mercy to put an end to his bond- resolution. age.’’; and Mr. FRIST. Mr. President, I ask HONORING THE LIFE AND WORK Whereas March 25, 2007 marks the 200th an- unanimous consent that the amend- OF WILLIAM WILBERFORCE niversary of the abolition of the slave trade ment at the desk be agreed to, the con- in Great Britain: Now, therefore, be it Mr. FRIST. Mr. President, I ask current resolution be agreed to, the unanimous consent that the Judiciary Resolved, That the Senate— preamble, as amended, be agreed to, Committee be discharged from further (1) honors the life and work of William Wil- the motion to reconsider be laid upon consideration and the Senate proceed berforce; and (2) commemorates the 200th anniversary of the table, and that any statements re- to the consideration of S. Res. 613. the abolition of the slave trade in Great lating thereto be printed in the The PRESIDING OFFICER. Without Britain and its impact on similar efforts in RECORD. objection, it is so ordered. the United States. The PRESIDING OFFICER. Without The clerk will report the resolution objection, it is so ordered. by title. f The amendment (No. 5215) was agreed The legislative clerk read as follows: to, as follows: A resolution (S. Res. 613) honoring the life SUPPORTING THE STATE OF NEW AMENDMENT NO. 5215 and work of William Wilberforce and com- On page 3, in the third whereas clause, memorating the 200th anniversary of the YORK TO DEVELOP THE NA- strike ‘‘during the hostilities’’ and insert abolition of the slave trade in Great Britain. TIONAL PURPLE HEART HALL OF HONOR ‘‘following the massacre’’ There being no objection, the Senate The concurrent resolution (H. Con. proceeded to the resolution. Mr. FRIST. Mr. President, I ask Res. 430) was agreed to. Mr. FRIST. Mr. President, I ask unanimous consent that the Armed The preamble, as amended, was unanimous consent that the resolution Services Committee be discharged from agreed to. be agreed to, the preamble be agreed further consideration of H. Con. Res 419 to, and the motion to reconsider be laid and the Senate proceed to its imme- f upon the table. diate consideration. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. AMENDING THE WOOL PRODUCTS objection, it is so ordered. The resolution (S. Res. 613) was LABELING ACT OF 1939 agreed to. The clerk will report the resolution Mr. FRIST. Mr. President, I ask The preamble was agreed to. by title. unanimous consent that the Com- The resolution, with its preamble, The legislative clerk read as follows: mittee on Commerce be discharged reads as follows: from further consideration of H.R. 4583 A concurrent resolution (H. Con. Res 419) S. RES. 613 and the Senate proceed to its imme- recognizing and supporting the efforts of the diate consideration. Whereas William Wilberforce, born August State of New York to develop the National 25, 1759, used his position as a Member of Purple Heart Hall of Honor in New Windsor, The PRESIDING OFFICER. Without Parliament in the House of Commons to stop New York, and for other purposes. objection, it is so ordered. the slave trade in Great Britain, pro- The clerk will report the bill by title. claiming, ‘‘I [will] never rest until I have ef- There being no objection, the Senate The legislative clerk read as follows: fected [slavery’s] abolition.’’; proceeded to consider the concurrent A bill (H.R. 4583) to amend the Wool Prod- Whereas William Wilberforce displayed re- resolution. ucts Labeling Act of 1939 to revise the remarkable perserverance in answering the Mr. FRIST. Mr. President, I ask quirements for labeling of certain wool and call of social justice and fought the slave cashmere products. trade in Great Britain and slavery itself for unanimous consent that the concur- 46 years, despite the national and personal fi- rent resolution be agreed to, the pre- There being no objection, the Senate nancial interests aligned against him, the amble be agreed to, the motion to re- proceeded to consider the bill. public criticism and slander he endured, and consider be laid upon the table, and Mr. FRIST. Mr. President, I ask the stress and pain placed on his family; that any statements relating thereto unanimous consent that the bill be Whereas William Wilberforce rested his po- be printed in the RECORD. read the third time and passed, the mo- litical career on the ideals of stewardship, The PRESIDING OFFICER. Without tion to reconsider be laid upon the respect for the rights of others, advancing table, and that any statements relating the views of others, and promoting the hap- objection, it is so ordered. piness of others, and proclaimed, ‘‘Let every thereto be printed in the RECORD. The concurrent resolution (H. Con. The bill (H.R. 4583) was ordered to a one . . . regulate his conduct by the golden Res. 419) was agreed to. rule . . . and the path of duty will be clear be- third reading, was read the third time, fore him.’’; The preamble was agreed to. and passed.

VerDate Aug 31 2005 02:58 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.082 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11386 CONGRESSIONAL RECORD — SENATE December 6, 2006 ESTABLISHING AN INTERAGENCY The PRESIDING OFFICER. Without to provide increased security, an effort AEROSPACE REVITALIZATION objection, it is so ordered. that gained new urgency after the trag- TASK FORCE Mr. FRIST. Mr. President, I ask edy that befell Judge Joan Lefkow of Mr. FRIST. Mr. President, I ask unanimous consent that the amend- Chicago. She is the Federal judge unanimous consent that the Com- ment that is at the desk be agreed to, whose mother and husband were mur- mittee on Commerce be discharged that the bills, as amended, if amended, dered in their home. As we heard in her from further consideration of H.R. 758 be passed, the motions to reconsider be courageous testimony in May 2005 be- and the Senate proceed to its imme- laid upon the table, and that any state- fore the Judiciary Committee, this diate consideration. ments relating to the measures be tragedy provided a terrible reminder The PRESIDING OFFICER. Without printed in the RECORD en bloc. not only of the vulnerable position of objection, it is so ordered. The clerk The PRESIDING OFFICER. Without our judges and their families, but of will report the bill by title. objection, it is so ordered. the critical importance of protecting The legislative clerk read as follows: The amendment (No. 5216) was agreed judges both where they work and where they and their families live. The shoot- A bill (H.R. 758) to establish an inter- to, as follows: agency aerospace revitalization task force to (Purpose: To revise the description of a ing last summer of a State judge in Ne- develop a national strategy for aerospace certain citation) vada provided another terrible re- workforce recruitment, training, and cul- In section 1, strike subsection (a) and in- minder of the vulnerable position of tivation. sert the following: our Nation’s State and Federal judges. There being no objection, the Senate (a) IN GENERAL.—Attorneys employed by We cannot tolerate or excuse or justify proceeded to consider the bill. the Department of Justice (including assist- violence or the threat of violence Mr. FRIST. Mr. President, I ask ant United States attorneys) shall be eligible against judges. for compensatory time off for travel under unanimous consent that the bill be It is most unfortunate that some in section 5550b of title 5, United States Code, this country have chosen to use dan- read the third time and passed, the mo- without regard to any provision of section tion to reconsider be laid upon the 115 of the Departments of Commerce, Jus- gerous and irresponsible rhetoric when table, and that any statements relating tice, and State, the Judiciary, and Related talking about judges, comparing judges thereto be printed in the RECORD. Agencies Appropriations Act, 2000 (as en- to terrorists and threatening judges The PRESIDING OFFICER. Without acted into law by section 1000(a)(1) of Public with punishment for decisions they do objection, it is so ordered. Law 106–113 and reenacted by section 111 of not like. This rhetoric can only foster The bill (H.R. 758) was ordered to a the Department of Justice Appropriations unacceptable violence against judges Act, 2001 (as enacted into law by appendix B and it must stop, for the sake of our third reading, was read the third time, of Public Law 106–553)). and passed. judges and the independence of the ju- The bill (S. 1876) was ordered to be f diciary. Judicial fairness and independ- engrossed for a third reading, was read ence are essential if we are to maintain NURSING RELIEF FOR DISADVAN- the third time, and passed, as follows: our freedoms. Let no one say things TAGED AREAS REAUTHORIZA- (The bill will be printed in a future that might bring about further threats TION ACT OF 2005 edition of the RECORD.) against our judges. We ought to be pro- Mr. FRIST. Mr. President, I ask The bill (H.R. 4057) was ordered to a tecting them physically and institu- unanimous consent that the Judiciary third reading, was read the third time, tionally. Easy rhetorical pot shots put Committee be discharged from further and passed. judges in real danger. consideration of H.R. 1285 and the Sen- f The bill that passes today is a consensus, bipartisan bill. I hope it is a ate proceed to its immediate consider- SECURE ACCESS TO JUSTICE AND model for what we can achieve with bi- ation. COURT PROTECTION ACT OF 2005 The PRESIDING OFFICER. Without partisan cooperation in the 110th Con- objection, it is so ordered. The clerk Mr. FRIST. Mr. President, I ask gress. Its core provisions, which pre- will report the bill by title. unanimous consent that the Judiciary viously passed the Senate in June as The legislative clerk read as follows: Committee be discharged from further part of the managers’ package of the consideration of H.R. 1751 and the Sen- A bill (H.R. 1285) to extend for 3 years John Warner National Defense Author- changes to requirements for admission of ate proceed to its immediate consider- ization Act for Fiscal Year 2007, S. 2766, non-immigrant nurses in health professional ation. come from S. 1968, the streamlined shortage areas made by the Nursing Relief The PRESIDING OFFICER. Without Court Security Improvement Act of for Disadvantaged Areas Act of 1999. objection, it is so ordered. The clerk 2005, CSIA, which Chairman SPECTER There being no objection, the Senate will report the bill by title. and I introduced last November. proceeded to consider the bill. The legislative clerk read as follows: The bill responds to requests by the Mr. FRIST. Mr. President, I ask A bill (H.R. 1751) to amend title 18, United Federal judiciary for a greater voice in unanimous consent that the bill be a States Code, to protect judges, prosecutors, working with the United States Mar- read a third time and passed, the mo- witnesses, victims, and their family mem- shals Service to determine their secu- tion to reconsider be laid upon the bers, and for other purposes. rity needs. It enacts new criminal pen- table, without intervening action or There being no objection, the Senate alties for the misuse of restricted per- debate, and that any statements relat- proceeded to consider the bill. sonal information to harm or threaten ing to the bill be printed in the Mr. LEAHY. Mr. President, it has to harm Federal judges, their families RECORD. been a difficult struggle to pass a or other individuals performing official The PRESIDING OFFICER. Without measure to improve court security. It duties. It enacts criminal penalties for objection, it is so ordered. should not have been. This bill should threatening Federal judges and Federal The bill (H.R. 1285) was ordered to a have been enacted months ago with bi- law enforcement officials by the mali- third reading, was read the third time, partisan support. I thank the Demo- cious filing of false liens, and provides and passed. cratic leader, Senator REID, the Senate increased protections for witnesses. f Judiciary chairman, Senator SPECTER, The bill also contains provisions mak- and the assistant Democratic leader, ing available to states new resources to PROVIDING FOR COMPENSATORY Senator DURBIN, for their leadership improve security for State and local TIME OFF FOR TRAVEL and hard work in finally passing the court systems as well as providing ad- Mr. FRIST. Mr. President, I ask Court Security improvement Act of ditional protections for law enforce- unanimous consent that the Com- 2006, to increase protections for the ment officers. In particular, I thank mittee on Homeland Security and Gov- dedicated women and men throughout Chairman SPECTER for agreeing to in- ernmental Affairs be discharged from the Judiciary in this country. clude in the bill an extension of life in- further consideration of S. 1876 and I hope the House of Representatives surance benefits to bankruptcy, mag- H.R. 4057, and that the Senate proceed will take up and pass this measure. By istrate and territorial judges. to their immediate consideration en so doing, they can bring to fruition be- Finally, the bill contains provisions bloc. fore the end of this Congress our efforts that have passed the Senate several

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.145 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11387 times extending and expanding to fam- from further consideration of S. 2653 The amendment (No. 5221) was agreed ily members the authority of the Judi- and the Senate proceed to its imme- to as follows: cial Conference to redact certain infor- diate consideration. Amend the title so as to read ‘‘An Act to mation from a Federal judge’s manda- The PRESIDING OFFICER. Without amend the Marine Mammal Protection Act tory financial disclosure. This expired objection, it is so ordered. The clerk of 1972 in order to implement the Agreement redaction authority was used in cir- will read the bill by title. on the Conservation and Management of the Alaska-Chukotka Polar Bear Population.’’. cumstances in which the release of the The legislative clerk read as follows: information could endanger the filer or A bill (S. 2653) to direct the Federal Com- The amendments were ordered to be the filer’s family. I hope that the munications Commission to make efforts to engrossed and the bill to be read a House of Representatives finally takes reduce telephone rates for Armed Forces per- third time. up and passes this much needed exten- sonnel deployed overseas. The bill (H.R. 4075), as amended, was sion and expansion of redaction author- There being no objection, the Senate read the third time and passed. ity. proceeded to consider the bill. f We owe it to our judges to better pro- Mr. FRIST. Mr. President, I ask unanimous consent that the Stevens EXTENDING AUTHORITY TO THE tect them and their families from vio- SECRETARY OF THE ARMY lence and to ensure they have the amendment that is at the desk be peace of mind necessary to do their agreed to, the bill, as amended, be read Mr. FRIST. Mr. President, I ask vital and difficult jobs. a third time and passed, the motion to unanimous consent for the immediate Mr. FRIST. Mr. President, I ask reconsider be laid upon the table, and consideration of H.R. 6316 which was unanimous consent that the Specter that any statements relating to the received from the House. substitute amendment that is at the bill be printed in the RECORD. The PRESIDING OFFICER. The desk be agreed to; that the bill, as The PRESIDING OFFICER. Without clerk will report the bill by title. amended, be read a third time, passed, objection, it is so ordered. The legislative clerk read as follows: the motion to reconsider be laid upon The amendment (No. 5218) was agreed A bill (H.R. 6316) to extend through Decem- the table; and that any statements re- to, as follows: ber 31, 2008 the authority of the Secretary of lating to the bill be printed in the At the appropriate place, insert the fol- the Army to accept and extend funds con- lowing: tributed by non-Federal public entities to ex- RECORD. SEC. ll. PUBLIC SAFETY INTEROPERABLE pedite the processing of permits. The PRESIDING OFFICER. Without COMMUNlCATIONS GRANTS. objection, it is so ordered. The PRESIDING OFFICER. Without Pursuant to section 3006 of Public Law 109– objection, it is so ordered. The amendment (No. 5217) was agreed 171 (47 U.S.C. 309 note), the Assistant Sec- to. retary for Communications and Information There being no objection, the Senate (The amendment is printed in today’s of the Department of Commerce, in consulta- proceeded to consider the bill. Mr. FRIST. Mr. President, I ask RECORD under ‘‘Text of Amendments.’’) tion with the Secretary of the Department of The amendment was ordered to be Homeland Security, shall award no less than unanimous consent the bill be read the $1,000,000,000 for public safety interoperable third time and passed, a motion to re- engrossed and the bill to be read a communications grants no later than Sep- third time. The bill (H.R. 1751), as consider be laid upon the table, and tember 30, 2007 subject to the receipt of any statements relating to the bill be amended, was read the third time and qualified applications as determined by the printed in the RECORD. passed. Assistant Secretary. The PRESIDING OFFICER. Without f The bill (S. 2653) was ordered to be engrossed for a third reading, was read objection, it is so ordered. ESTHER MARTINEZ NATIVE AMER- the third time, and passed, as follows: The bill (H.R. 6316) was ordered to a ICAN LANGUAGES PRESERVA- (The bill will be printed in a future third reading, was read the third time, TION ACT OF 2006 and passed. edition of the RECORD.) Mr. FRIST. Mr. President, I ask f f unanimous consent that the Com- CREATING OPPORTUNITIES FOR mittee on Indian Affairs be discharged MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 2006 MINOR LEAGUE PROFESSIONALS, from further consideration of H.R. 4766 ENTERTAINERS, AND TEAMS Mr. FRIST. Mr. President, I ask and the Senate proceed to its imme- THROUGH LEGAL ENTRY ACT OF unanimous consent that the Com- diate consideration. 2006 The PRESIDING OFFICER. Without mittee on Commerce be discharged objection, it is so ordered. The clerk from further consideration of H.R. 4075 Mr. FRIST. Mr. President, I ask will read the bill by title. and the Senate proceed to its imme- unanimous consent that the Judiciary The legislative clerk read as follows: diate consideration. Committee be discharged from further A bill (H.R. 4766) to amend the Native The PRESIDING OFFICER. Without consideration of S. 3821 and the Senate American Programs Act of 1974 to provide objection, it is so ordered. The clerk proceed to its immediate consider- for the revitalization of Native American will report the bill by title. ation. languages through Native American lan- The legislative clerk read as follows: The PRESIDING OFFICER. Without guage immersion programs, and for other A bill (H.R. 4075) to amend the Marine objection, it is so ordered. purposes. Mammal Protection Act of 1972, to provide The clerk will report the bill by title. There being no objection, the Senate for better understanding and protection of The legislative clerk read as follows: proceeded to consider the bill. marine mammals, and for other purposes. A bill (S. 3821) to authorize certain ath- Mr. FRIST. Mr. President, I ask There being no objection, the Senate letes to be admitted temporarily into the unanimous consent that the bill be proceeded to consider the bill. United States to compete or perform in an read a third time and passed, the mo- Mr. FRIST. Mr. President, I ask athletic league, competition, or perform- tion to reconsider be laid upon the unanimous consent that the amend- ance. table, and that any statement relating ment at the desk be agreed to, the bill, The PRESIDING OFFICER. Without to the bill be printed in the RECORD. as amended, be read the third time and objection, it is so ordered. The PRESIDING OFFICER. Without passed, the title amendment be agreed Mr. FRIST. Mr. President, I ask objection, it is so ordered. to, the motion to reconsider be laid unanimous consent that a Collins The bill (H.R. 4766) was ordered to a upon the table, and any statements re- amendment at the desk be agreed to; third reading, was read the third time, lating to the bill be printed in the the bill, as amended, be read the third and passed. RECORD. time and passed, a motion to recon- f The PRESIDING OFFICER. Without sider be laid upon the table with no in- objection, it is so ordered. tervening action or debate, and that CALL HOME ACT OF 2006 The amendment (No. 5220) was agreed any statements relating to this meas- Mr. FRIST. Mr. President, I ask to. ure be printed in the RECORD. unanimous consent that the Com- (The amendment is printed in today’s The PRESIDING OFFICER. Without mittee on Commerce be discharged RECORD under ‘‘Text of Amendments.’’) objection, it is so ordered.

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.086 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11388 CONGRESSIONAL RECORD — SENATE December 6, 2006 The amendment (No. 5223) was agreed ‘‘(II) Section 40(d) of the Arms Export Con- The preamble was agreed to. to as follows: trol Act (22 U.S.C. 2780(d)). The resolution, with its preamble, Strike all after the enacting clause and in- ‘‘(III) Section 620A(a) of the Foreign As- reads as follows: sistance Act of 1961 (22 U.S.C. 2371(a)).’’. sert the following: S. RES. 607 (c) PETITIONS FOR MULTIPLE ALIENS.—Sec- SECTION 1. SHORT TITLE. tion 214(c)(4) of the Immigration and Nation- Whereas President Chavez referred to the This Act may be cited as either the ‘‘Cre- ality Act (8 U.S.C. 1184(c)(4)), as amended by President of the United States as ‘‘the ating Opportunities for Minor League Profes- subsection (b), is further amended by adding devil’’, and referred to the President as ‘‘the sionals, Entertainers, and Teams through at the end the following: spokesman of imperialism’’ for the efforts of Legal Entry Act of 2006’’ or the ‘‘COMPETE ‘‘(G) The Secretary of Homeland Security the United States to aid the citizens of Af- Act of 2006’’. shall permit a petition under this subsection ghanistan and Iraq in the goal of those citi- SEC. 2. NONIMMIGRANT ALIEN STATUS FOR CER- to seek classification of more than 1 alien as zens to create a permanent and viable rep- TAIN ATHLETES. a nonimmigrant under section resentative government; (a) IN GENERAL.—Section 214(c)(4)(A) of the 101(a)(15)(P)(i)(a).’’. Whereas President Chavez made unsub- Immigration and Nationality Act (8 U.S.C. (d) RELATIONSHIP TO OTHER PROVISIONS OF stantiated claims that the United States had 1184(c)(4)(A)) is amended by striking clauses THE IMMIGRATION AND NATIONALITY ACT.— set in motion a coup in Venezuela on April (i) and (ii) and inserting the following: Section 214(c)(4) of the Immigration and Na- 11, 2002, and continues to support coup at- ‘‘(i)(I) performs as an athlete, individually tionality Act (8 U.S.C. 1184(c)(4)), as amended tempts in Venezuela and elsewhere; or as part of a group or team, at an inter- by subsections (b) and (c), is further amended Whereas, to consolidate his powers, Presi- nationally recognized level of performance; by adding at the end the following: dent Chavez— ‘‘(II) is a professional athlete, as defined in ‘‘(H) The Secretary of Homeland Security (1) continues to weaken the separation of section 204(i)(2); shall permit an athlete, or the employer of powers and democratic institutions of the ‘‘(III) performs as an athlete, or as a coach, an athlete, to seek admission to the United Government of Venezuela; as part of a team or franchise that is located States for such athlete under a provision of (2) survived a recall vote in August 2004 in the United States and a member of a for- this Act other than section 101(a)(15)(P)(i) if through questionably undemocratic actions; eign league or association of 15 or more ama- the athlete is eligible under such other pro- (3) decreed that all private property teur sports teams, if— vision.’’. deemed ‘‘not in productive use’’ will be con- ‘‘(aa) the foreign league or association is fiscated by the Government of Venezuela and the highest level of amateur performance of The bill (S. 3821) was ordered to be redistributed to third parties; that sport in the relevant foreign country; engrossed for a third reading, was read (4) enacted a media responsibility law ‘‘(bb) participation in such league or asso- the third time, and passed, as follows: that— ciation renders players ineligible, whether (The bill will be printed in a future (A) placed restrictions on broadcast media on a temporary or permanent basis, to earn edition of the RECORD.) coverage; and a scholarship in, or participate in, that sport (B) imposed severe penalties for violators f at a college or university in the United of that law; States under the rules of the National Colle- ADMONISHING THE STATEMENTS (5) used other legal methods to silence giate Athletic Association; and MADE BY PRESIDENT HUGO CHA- media outlets that criticized his govern- ‘‘(cc) a significant number of the individ- ment; and VEZ AT THE UNITED NATIONS (6) changed the penal code of Venezuela— uals who play in such league or association GENERAL ASSEMBLY are drafted by a major sports league or a (A) to restrict the rights of freedom of ex- minor league affiliate of such a sports pression and freedom of association once enjoyed by the citizens of Venezuela; and league; or EXPRESSING THE SENSE OF THE ‘‘(IV) is a professional athlete or amateur (B) to increase jail terms for those con- athlete who performs individually or as part SENATE THAT THE UNITED victed of criticizing the government of that of a group in a theatrical ice skating produc- STATES SHOULD PROMOTE THE country; tion; and ADOPTION OF A RESOLUTION Whereas, in an effort to destabilize the ‘‘(ii) seeks to enter the United States tem- PROTECTING LIVING RESOURCES democratic governments of other countries porarily and solely for the purpose of per- OF THE HIGH SEAS in that region, President Chavez continues forming— to support anti-democratic forces in Colom- ‘‘(I) as such an athlete with respect to a Mr. FRIST. Mr. President, I ask bia, Ecuador, Peru, and Nicaragua, as well as specific athletic competition; or unanimous consent that the Com- radical and extremist parties in those coun- ‘‘(II) in the case of an individual described mittee on Foreign Relations be dis- tries; in clause (i)(IV), in a specific theatrical ice charged from further consideration and Whereas President Chavez has repeatedly skating production or tour.’’. the Senate proceed to the immediate stated his desire to unite Latin America to serve as a buffer against the people and in- (b) LIMITATION.—Section 214(c)(4) of the consideration of S. Res. 607 and S. Res. Immigration and Nationality Act (8 U.S.C. terests of the United States; 610 en bloc. Whereas President Chavez has aligned him- 1184(c)(4)) is amended by adding at the end The PRESIDING OFFICER. Without the following: self with countries that are classified by the ‘‘(F)(i) No nonimmigrant visa under sec- objection, it is so ordered. Department of State as state sponsors of ter- tion 101(a)(15)(P)(i)(a) shall be issued to any The clerk will report the resolutions rorism; and alien who is a national of a country that is by title. Whereas President Chavez has developed a a state sponsor of international terrorism The legislative clerk read as follows: close relationship with the totalitarian regime in Cuba, led by Fidel Castro, and has unless the Secretary of State determines, in A resolution (S. Res. 607) admonishing the also associated himself with other authori- consultation with the Secretary of Homeland statements made by President Hugo Chavez tarian leaders, including Kim Jong Il of Security and the heads of other appropriate at the United Nations General Assembly on North Korea and Mahmoud Ahmadinejad in United States agencies, that such alien does September 20, 2006, and the undemocratic ac- Iran: Now, therefore, be it not pose a threat to the safety, national se- tions of President Chavez. curity, or national interest of the United Resolved, That the Senate condemns— A resolution (S. Res. 610) expressing the (1) the statements made by President Hugo States. In making a determination under sense of the Senate that the United States this subparagraph, the Secretary of State Chavez at the United Nations General As- should promote the adoption of, and the sembly on September 20, 2006; and shall apply standards developed by the Sec- United Nations should adopt, a resolution at retary of State, in consultation with the (2) the undemocratic actions of President its October meeting to protect the living re- Chavez. Secretary of Homeland Security and the sources of the high seas from destructive, il- heads of other appropriate United States legal, unreported, and unregulated fishing The resolution (S. Res. 610) was agencies, that are applicable to the nationals practices. agreed to. of such states. The preamble was agreed to. ‘‘(ii) In this subparagraph, the term ‘state There being no objection, the Senate proceeded to consider the resolutions. The resolution, with its preamble, sponsor of international terrorism’ means reads as follows: any country the government of which has Mr. FRIST. Mr. President, I ask been determined by the Secretary of State unanimous consent that the resolu- S. RES. 610 under any of the laws specified in clause (iii) tions be agreed to, the preambles be Whereas it is of paramount importance to to have repeatedly provided support for acts agreed to, and the motions to recon- the United States and all nations to ensure of international terrorism. sider be laid upon the table, all en bloc. the protection, conservation, and sustainable ‘‘(iii) The laws specified in this clause are management of high seas living marine re- the following: The PRESIDING OFFICER. Without sources; ‘‘(I) Section 6(j)(1)(A) of the Export Admin- objection, it is so ordered. Whereas fisheries of the high seas annually istration Act of 1979 (50 U.S.C. App. The resolution (S. Res. 607) was generate hundreds of millions of dollars in 2405(j)(1)(A)) (or successor statute). agreed to. economic activity and support thousands of

VerDate Aug 31 2005 02:58 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.150 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11389 jobs in the United States and its territories been reported from the Committee on ø‘‘(C) may exempt individual providers as well as nations throughout the world; Health, Education, Labor, and Pen- from meeting certain standards based on Whereas the high seas constitute a glob- sions, with an amendment to strike all their scope of practice. ø ally significant reservoir of marine biodiver- after the enacting clause and insert in ‘‘(3) RECOGNITION OF INDIVIDUALS WITH EX- sity, and compounds derived from organisms TENSIVE PRACTICAL EXPERIENCE.—For pur- found on the high seas show promise for the lieu thereof the following: poses of this section, the Secretary shall, treatment of deadly diseases such as cancer S. 2322 through regulation, provide a method for the and asthma; Be it enacted by the Senate and House of Rep- recognition of individuals whose training or Whereas the United Nations Food and Ag- resentatives of the United States of America in experience are determined to be equal to, or riculture Organization reports that a grow- Congress assembled, in excess of, those of a graduate of an accred- ing number of high seas fish stocks impor- øSECTION 1. SHORT TITLE. ited educational program in that specialty, tant to the United States and the world are øThis Act may be cited as the ‘‘Consumer or of an individual who is regularly eligible overfished or depleted; Assurance of Radiologic Excellence Act of to take the licensure or certification exam- Whereas the United Nations has called for 2006’’. ination for that discipline. urgent action to address the impact of high øSEC. 2. PURPOSE. ø‘‘(d) APPROVED BODIES.— seas fishing practices that have adverse im- øThe purpose of this Act is to improve the ø‘‘(1) IN GENERAL.—Not later than the date pacts on vulnerable marine species and habi- quality and value of healthcare by increasing described in subsection (j)(2), the Secretary tats; the safety and accuracy of medical imaging shall begin to certify qualified entities as ap- Whereas destructive, illegal, unreported, examinations and radiation therapy treat- proved bodies with respect to the accredita- and unregulated fishing by vessels flying ments, thereby reducing duplication of serv- tion of the various mechanisms by which an non-United States flags threatens high seas ices and decreasing costs. individual can demonstrate compliance with fisheries and the habitats that support them; øSEC. 3. QUALITY OF MEDICAL IMAGING AND RA- the standards promulgated under subsection Whereas nations whose fleets conduct de- DIATION THERAPY. (a), if such organizations or agencies meet structive, illegal, unreported, and unregu- øPart F of title III of the Public Health the standards established by the Secretary lated high seas fishing enjoy an unfair com- Service Act (42 U.S.C. 262 et seq.) is amended under paragraph (2) and provide the assur- petitive advantage over United States fisher- by adding at the end the following: ances required under paragraph (3). ø‘‘(2) STANDARDS.—The Secretary shall es- men, who must comply with the rigorous ø‘‘Subpart 4—Medical Imaging and Radiation tablish minimum standards for the certifi- conservation and management requirements Therapy cation of approved bodies under paragraph of the Magnuson Stevens Fishery Conserva- ø ‘‘SEC. 355. QUALITY OF MEDICAL IMAGING AND (1) (including standards for recordkeeping, tion and Management Act and other laws in RADIATION THERAPY. order to conserve exhaustible natural re- the approval of curricula and instructors, ø‘‘(a) ESTABLISHMENT OF STANDARDS.— sources; and the charging of reasonable fees for certifi- ø‘‘(1) IN GENERAL.—The Secretary, in con- cation or for undertaking examinations, and Whereas international cooperation is nec- sultation with recognized experts in the standards to minimize the possibility of con- essary to address destructive, illegal, unre- technical provision of medical imaging and flicts of interest), and other additional ported, and unregulated fishing which harms radiation therapy services, shall establish standards as the Secretary may require. the sustainability of high seas living marine standards to ensure the safety and accuracy ø‘‘(3) ASSURANCES.—To be certified as an resources and the United States fishing in- of medical imaging studies and radiation approved body under paragraph (1), an orga- dustry: Now, therefore, be it therapy treatments. Such standards shall Resolved, That it is the sense of the Senate nization or agency shall provide the Sec- pertain to the personnel who perform, plan, that— retary satisfactory assurances that the body evaluate, or verify patient dose for medical (1) the United States should continue to will— imaging studies and radiation therapy proce- demonstrate international leadership and re- ø‘‘(A) be a nonprofit organization; dures and not to the equipment used. sponsibility regarding the conservation and ø‘‘(B) comply with the standards described ø‘‘(2) EXPERTS.—The Secretary shall select sustainable use of high seas living marine rein paragraph (2); expert advisers under paragraph (1) to reflect sources by vigorously promoting the adop- ø‘‘(C) notify the Secretary in a timely a broad and balanced input from all sectors tion of a resolution at this year’s 61st session manner if the body fails to comply with the of the health care community that are in- of the United Nations General Assembly call- standards described in paragraph (2); and volved in the provision of such services to ing on all nations to protect vulnerable ma- ø‘‘(D) provide such other information as avoid undue influence from any single sector rine habitats by prohibiting their vessels the Secretary may require. of practice on the content of such standards. from engaging in destructive fishing activity ø‘‘(4) WITHDRAWAL OF APPROVAL.— ø‘‘(3) LIMITATION.—The Secretary shall not in areas of the high seas where there are no ø‘‘(A) IN GENERAL.—The Secretary may take any action under this subsection that applicable conservation or management withdraw the certification of an approved would require licensure by a State of those measures or in areas with no applicable body if the Secretary determines the body who provide the technical services referred international fishery management organiza- does not meet the standards under paragraph to in this subsection. tion or agreement, until such time as con- (2). ø‘‘(b) EXEMPTIONS.—The standards estab- servation and management measures con- ø FFECT OF WITHDRAWAL lished under subsection (a) shall not apply to ‘‘(B) E .—The with- sistent with the Magnuson-Stevens Act, the physicians (as defined in section 1861(r) of drawal of the certification of an approved United Nations Fish Stocks Agreement, and the Social Security Act (42 U.S.C. 1395x(r))), body under subparagraph (A) shall have no other relevant instruments are adopted and nurse practitioners and physician assistants effect on the certification status of any indi- implemented to regulate such vessels and (as defined in section 1861(aa)(5) of the Social vidual or person that was certified by that fisheries; and Security Act (42 U.S.C. 1395x(aa)(5))). approved body prior to the date of such with- (2) the United States calls upon the mem- ø‘‘(c) REQUIREMENTS.— drawal. ber nations of the United Nations to adopt a ø‘‘(e) EXISTING STATE STANDARDS.—Stand- ø‘‘(1) IN GENERAL.—Under the standards es- ards established by a State for the licensure resolution at its October meeting to protect tablished under subsection (a), the Secretary or certification of personnel, accreditation of the living resources of the high seas from de- shall ensure that individuals, prior to per- educational programs, or administration of structive, illegal, unreported, and unregu- forming or planning medical imaging and ra- lated fishing practices. examinations shall be deemed to be in com- diation therapy services, demonstrate compliance with the standards of this section un- f pliance with the standards established under less the Secretary determines that such CONSUMER ASSURANCE OF subsection (a) through successful completion State standards do not meet the minimum of certification by a professional organiza- standards prescribed by the Secretary or are RADIOLOGIC EXCELLENCE ACT tion, licensure, completion of an examina- OF 2006 inconsistent with the purposes of this section, pertinent coursework or degree pro- tion. Mr. FRIST. Mr. President, I ask gram, verified pertinent experience, or ø‘‘(f) RULE OF CONSTRUCTION.—Nothing in unanimous consent the Senate proceed through other ways determined appropriate this section shall be construed to prohibit a to the immediate consideration of Cal- by the Secretary, or through some combina- State or other approved body from requiring tion thereof. compliance with a higher standard of edu- endar No. 668, S. 2322. ø The PRESIDING OFFICER. The ‘‘(2) MISCELLANEOUS PROVISIONS.—The cation and training than that specified by standards established under subsection (a)— this section. clerk will report the bill by title. ø‘‘(A) may vary from discipline to dis- ø The legislative clerk read as follows: ‘‘(g) EVALUATION AND REPORT.—The Sec- cipline, reflecting the unique and specialized retary shall periodically evaluate the per- A bill (S. 2322) to amend the Public Health nature of the technical services provided, formance of each approved body under sub- Service Act to make the provision of tech- and shall represent expert consensus as to section (d) at an interval determined appro- nical services for medical imaging examina- what constitutes excellence in practice and priate by the Secretary. The results of such tions and radiation therapy treatments be appropriate to the particular scope of care evaluations shall be included as part of the safer, more accurate, and less costly. involved; report submitted to the Committee on There being no objection, the Senate ø‘‘(B) may vary in form for each of the cov- Health, Education, Labor, and Pensions of proceed to consider the bill which had ered disciplines; and the Senate and the Committee on Energy

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.090 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11390 CONGRESSIONAL RECORD — SENATE December 6, 2006 and Commerce of the House of Representa- ance of such a procedure to a patient by apy services, demonstrate compliance with the tives in accordance with 354(e)(6)(B). evaluating site-specific information, based standards established under subsection (a) ø‘‘(h) DELIVERY OF AND PAYMENT FOR SERV- on measurement and verification of radi- through successful completion of certification by ICES.—Not later than the date described in ation dose distribution, computer analysis, a professional organization, licensure, comple- subsection (j)(3), the Secretary shall promul- or direct measurement of dose, in order to tion of an examination, pertinent coursework or gate regulations to ensure that all programs customize the procedure for the patient. degree program, verified pertinent experience, or under the authority of the Secretary that in- ø‘‘(5) RADIATION THERAPY.—The term ‘radi- through other ways determined appropriate by volve the performance of or payment for ation therapy’ means any procedure or arti- the Secretary, or through some combination medical imaging or radiation therapy, are cle intended for use in the cure, mitigation, thereof. performed in accordance with the standards treatment, or prevention of disease in hu- ‘‘(2) MISCELLANEOUS PROVISIONS.—The stand- established under this section. mans that achieves its intended purpose ards established under subsection (a)— ø ‘‘(i) ALTERNATIVE STANDARDS FOR RURAL through the emission of radiation.’’. ‘‘(A) may vary from discipline to discipline, AND UNDERSERVED AREAS.—The Secretary reflecting the unique and specialized nature of øSEC. 4. REPORT ON THE EFFECTS OF THIS ACT. shall determine whether the standards estab- the technical services provided, and shall rep- ø(a) Not later than 5 years after the date of lished under subsection (a) must be met in resent expert consensus as to what constitutes enactment of this Act, the Secretary of their entirety for medical imaging or radi- excellence in practice and be appropriate to the Health and Human Services, acting through ation therapy that is performed in a geo- particular scope of care involved; graphic area that is determined by the Medi- the Director of the Agency for Healthcare ‘‘(B) may vary in form for each of the covered care Geographic Classification Review Board Research and Quality, shall submit to the disciplines; and to be a ‘rural area’ or that is designated as Committee on Health, Education, Labor, and ‘‘(C) may exempt individual providers from a health professional shortage area. If the Pensions of the Senate and the Committee meeting certain standards based on their scope Secretary determines that alternative stand- on Energy and Commerce of the House of of practice. ards for such rural areas or health profes- Representatives a report on the effects of ‘‘(3) RECOGNITION OF INDIVIDUALS WITH EX- sional shortage areas are appropriate to as- this Act. Such report shall include the types TENSIVE PRACTICAL EXPERIENCE.—For purposes sure access to quality medical imaging, the and numbers of providers for whom stand- of this section, the Secretary shall, through reg- Secretary is authorized to develop such al- ards have been developed, the impact of such ulation, provide a method for the recognition of ternative standards. standards on diagnostic accuracy and pa- individuals whose training or experience are de- ø‘‘(j) APPLICABLE TIMELINES.— tient safety, and the availability and cost of termined to be equal to, or in excess of, those of ø‘‘(1) GENERAL IMPLEMENTATION REGULA- services. Entities reimbursed for technical a graduate of an accredited educational pro- TIONS.—Not later than 18 months after the services through programs operating under gram in that specialty, or of an individual who date of enactment of this section, the Sec- the authority of the Secretary of Health and is regularly eligible to take the licensure or cer- retary shall promulgate such regulations as Human Services shall be required to con- tification examination for that discipline. may be necessary to implement all standards tribute data to such report.¿ ‘‘(d) APPROVED BODIES.— in this section except those provided for in SECTION 1. SHORT TITLE. ‘‘(1) IN GENERAL.—Not later than the date de- subsection (d)(2). This Act may be cited as the ‘‘Consumer As- scribed in subsection (j)(2), the Secretary shall ø‘‘(2) MINIMUM STANDARDS FOR CERTIFI- surance of Radiologic Excellence Act of 2006’’. begin to certify qualified entities as approved CATION OF APPROVED BODIES.—Not later than SEC. 2. PURPOSE. bodies with respect to the accreditation of the 24 months after the date of enactment of this The purpose of this Act is to improve the qual- various mechanisms by which an individual can section, the Secretary shall establish the ity and value of healthcare by increasing the demonstrate compliance with the standards pro- standards regarding approved bodies referred safety and accuracy of medical imaging exami- mulgated under subsection (a), if such organiza- to in subsection (d)(2) and begin certifying nations and radiation therapy treatments, tions or agencies meet the standards established approved bodies under such subsection. thereby reducing duplication of services and de- by the Secretary under paragraph (2) and pro- ø ‘‘(3) REGULATIONS FOR DELIVERY OF OR creasing costs. vide the assurances required under paragraph PAYMENT FOR SERVICES.—Not later than 36 (3). SEC. 3. QUALITY OF MEDICAL IMAGING AND RADI- months after the date of enactment of this ‘‘(2) STANDARDS.—The Secretary shall estab- ATION THERAPY. lish minimum standards for the certification of section, the Secretary shall promulgate the Part F of title III of the Public Health Service regulations described in subsection (h). The approved bodies under paragraph (1) (including Act (42 U.S.C. 262 et seq.) is amended by adding standards for recordkeeping, the approval of Secretary may withhold the provision of at the end the following: Federal assistance as provided for in sub- curricula and instructors, the charging of rea- section (h) beginning on the date that is 48 ‘‘Subpart 4—Medical Imaging and Radiation sonable fees for certification or for undertaking months after the date of enactment of this Therapy examinations, and standards to minimize the section. ‘‘SEC. 355. QUALITY OF MEDICAL IMAGING AND possibility of conflicts of interest), and other ad- ø‘‘(k) DEFINITIONS.—In this section: RADIATION THERAPY. ditional standards as the Secretary may require. ø‘‘(1) APPROVED BODY.—The term ‘approved ‘‘(a) ESTABLISHMENT OF STANDARDS.— ‘‘(3) ASSURANCES.—To be certified as an ap- body’ means an entity that has been cer- ‘‘(1) IN GENERAL.—The Secretary, in consulta- proved body under paragraph (1), an organiza- tified by the Secretary under subsection tion with recognized experts in the technical tion or agency shall provide the Secretary satis- (d)(1) to accredit the various mechanisms by provision of medical imaging and radiation ther- factory assurances that the body will— which an individual can demonstrate compli- apy services, shall establish standards to ensure ‘‘(A) be a nonprofit organization; ance with the standards promulgated under the safety and accuracy of medical imaging ‘‘(B) comply with the standards described in subsection (a) with respect to performing, studies and radiation therapy treatments. Such paragraph (2); ‘‘(C) notify the Secretary in a timely manner planning, evaluating, or verifying patient standards shall pertain to the personnel who if the body fails to comply with the standards dose for medical imaging or radiation ther- perform, plan, evaluate, or verify patient dose described in paragraph (2); and apy. for medical imaging studies and radiation ther- ‘‘(D) provide such other information as the ø ‘‘(2) MEDICAL IMAGING.—The term ‘medical apy procedures and not to the equipment used. Secretary may require. imaging’ means any procedure used to vis- ‘‘(2) EXPERTS.—The Secretary shall select ex- ‘‘(4) WITHDRAWAL OF APPROVAL.— ualize tissues, organs, or physiologic proc- pert advisers under paragraph (1) to reflect a ‘‘(A) IN GENERAL.—The Secretary may with- esses in humans for the purpose of diag- broad and balanced input from all sectors of the draw the certification of an approved body if nosing illness or following the progression of health care community that are involved in the the Secretary determines the body does not meet disease. Images may be produced utilizing provision of such services to avoid undue influ- the standards under paragraph (2). ionizing radiation, radiopharmaceuticals, ence from any single sector of practice on the ‘‘(B) EFFECT OF WITHDRAWAL.—The with- magnetic resonance, or ultrasound and content of such standards. drawal of the certification of an approved body image production may include the use of ‘‘(3) LIMITATION.—The Secretary shall not under subparagraph (A) shall have no effect on contrast media or computer processing. For take any action under this subsection that the certification status of any individual or per- purposes of this section, such term does not would require licensure by a State of those who son that was certified by that approved body include routine dental diagnostic procedures. provide the technical services referred to in this prior to the date of such withdrawal. ø‘‘(3) PERFORM.—The term ‘perform’, with subsection. ‘‘(e) EXISTING STATE STANDARDS.—Standards respect to medical imaging or radiation ‘‘(b) EXEMPTIONS.—The standards established established by a State for the licensure or cer- therapy, means— under subsection (a) shall not apply to physi- tification of personnel, accreditation of edu- ø‘‘(A) the act of directly exposing a patient cians (as defined in section 1861(r) of the Social cational programs, or administration of exami- to radiation via ionizing or radio frequency Security Act (42 U.S.C. 1395x(r))), nurse practi- nations shall be deemed to be in compliance radiation, to ultrasound, or to a magnetic tioners and physician assistants (as defined in with the standards of this section unless the field for purposes of medical imaging or for section 1861(aa)(5) of the Social Security Act (42 Secretary determines that such State standards purposes of radiation therapy; and U.S.C. 1395x(aa)(5))). do not meet the minimum standards prescribed ø‘‘(B) the act of positioning a patient to re- ‘‘(c) REQUIREMENTS.— by the Secretary or are inconsistent with the ceive such an exposure. ‘‘(1) IN GENERAL.—Under the standards estab- purposes of this section. The Secretary shall es- ø‘‘(4) PLAN.—The term ‘plan’, with respect lished under subsection (a), the Secretary shall tablish a process by which a State may respond to medical imaging or radiation therapy, ensure that individuals, prior to performing or to or appeal a determination made by the Sec- means the act of preparing for the perform- planning medical imaging and radiation ther- retary under the preceding sentence.

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‘‘(f) RULE OF CONSTRUCTION.—Nothing in this ‘‘(2) MEDICAL IMAGING.—The term ‘medical A bill (H.R. 5136) to establish a National section shall be construed to prohibit a State or imaging’ means any procedure used to visualize Integrated Drought Information System other approved body from requiring compliance tissues, organs, or physiologic processes in hu- within the National Oceanic and Atmos- with a higher standard of education and train- mans for the purpose of diagnosing illness or pheric Administration to improve drought ing than that specified by this section. Notwith- following the progression of disease. Images may monitoring and forecasting capabilities. standing any other provision of this section, in- be produced utilizing ionizing radiation, radio- There being no objection, the Senate dividuals who provide medical imaging services pharmaceuticals, magnetic resonance, or proceeded to consider the bill. relating to mammograms shall continue to meet ultrasound and image production may include the standards applicable under the Mammog- the use of contrast media or computer proc- Mr. FRIST. I ask unanimous consent raphy Quality Standards Act of 1992. essing. For purposes of this section, such term the bill be read the third time and ‘‘(g) EVALUATION AND REPORT.—The Sec- does not include routine dental diagnostic pro- passed, the motion to reconsider be retary shall periodically evaluate the perform- cedures. laid upon the table, and any state- ance of each approved body under subsection ‘‘(3) PERFORM.—The term ‘perform’, with re- ments be printed in the RECORD. (d) at an interval determined appropriate by the spect to medical imaging or radiation therapy, The PRESIDING OFFICER. Without Secretary. The results of such evaluations shall means— objection, it is so ordered. be included as part of the report submitted to ‘‘(A) the act of directly exposing a patient to The bill (H.R. 5136) was ordered to a the Committee on Health, Education, Labor, radiation via ionizing or radio frequency radi- third reading, was read the third time, and Pensions of the Senate and the Committee ation, to ultrasound, or to a magnetic field for on Energy and Commerce of the House of Rep- purposes of medical imaging or for purposes of and passed. resentatives in accordance with 354(e)(6)(B). radiation therapy; and f ‘‘(h) DELIVERY OF AND PAYMENT FOR SERV- ‘‘(B) the act of positioning a patient to receive REAUTHORIZING THE EXPORT-IM- ICES.—Not later than the date described in sub- such an exposure. section (j)(3), the Secretary shall promulgate ‘‘(4) PLAN.—The term ‘plan’, with respect to PORT BANK OF THE UNITED regulations to ensure that all programs under medical imaging or radiation therapy, means STATES the authority of the Secretary that involve the the act of preparing for the performance of such Mr. FRIST. I ask unanimous consent performance of or payment for medical imaging a procedure to a patient by evaluating site-spe- the Chair now lay before the Senate or radiation therapy, are performed in accord- cific information, based on measurement and the House measure to accompany S. ance with the standards established under this verification of radiation dose distribution, com- section. puter analysis, or direct measurement of dose, in 3938. ‘‘(i) ALTERNATIVE STANDARDS FOR RURAL AND order to customize the procedure for the patient. The Chair laid before the Senate the UNDERSERVED AREAS.— ‘‘(5) RADIATION THERAPY.—The term ‘radi- following message from the House of ‘‘(1) IN GENERAL.—The Secretary shall deter- ation therapy’ means any procedure or article Representatives: mine whether the standards established under intended for use in the cure, mitigation, treat- S. 3938 subsection (a) must be met in their entirety for ment, or prevention of disease in humans that Resolved, That the bill from the Senate (S. medical imaging or radiation therapy that is achieves its intended purpose through the emis- performed in a geographic area that is deter- 3938) entitled ‘‘An Act to reauthorize the Ex- sion of radiation. port-Import Bank of the United States.’’, do mined by the Medicare Geographic Classifica- ‘‘(l) SUNSET.—This section shall have no force tion Review Board to be a ‘rural area’ or that pass with the following amendment: or effect after September 30, 2016.’’. Strike out all after the enacting clause and is designated as a health professional shortage SEC. 4. REPORT ON THE EFFECTS OF THIS ACT. area. If the Secretary determines that alter- insert: (a) Not later than 5 years after the date of en- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. native standards for such rural areas or health actment of this Act, the Secretary of Health and professional shortage areas are appropriate to (a) SHORT TITLE.—This Act may be cited as Human Services, acting through the Director of the ‘‘Export-Import Bank Reauthorization Act assure access to quality medical imaging, the the Agency for Healthcare Research and Qual- Secretary is authorized to develop such alter- of 2006’’. ity, shall submit to the Committee on Health, (b) TABLE OF CONTENTS.— native standards. Education, Labor, and Pensions of the Senate ‘‘(2) STATE DISCRETION.—The chief executive and the Committee on Energy and Commerce of Sec. 1. Short title; table of contents. officer of a State may submit to the Secretary a Sec. 2. Extension of authority. the House of Representatives a report on the ef- statement declaring that an alternative stand- Sec. 3. Sub-Saharan Africa Advisory Com- fects of this Act. Such report shall include the ard developed under paragraph (1) is inappro- mittee. types and numbers of providers for whom stand- priate for application to such State, and such Sec. 4. Extension of authority to provide fi- ards have been developed, the impact of such alternative standard shall not apply in such nancing for the export of non- standards on diagnostic accuracy and patient submitting State. The chief executive officer of a lethal defense articles or services safety, and the availability and cost of services. State may rescind a statement described in this the primary end use of which will Entities reimbursed for technical services paragraph following the provision of appro- be for civilian purposes. through programs operating under the authority priate notice to the Secretary. Sec. 5. Designation of sensitive commercial sec- of the Secretary of Health and Human Services ‘‘(j) APPLICABLE TIMELINES.— tors and products. shall be required to contribute data to such re- ‘‘(1) GENERAL IMPLEMENTATION REGULA- Sec. 6. Increasing exports by small business. port. TIONS.—Not later than 18 months after the date Sec. 7. Anti-circumvention. of enactment of this section, the Secretary shall Mr. FRIST. I ask unanimous consent Sec. 8. Transparency. promulgate such regulations as may be nec- the committee-reported amendment be Sec. 9. Aggregate loan, guarantee, and insur- essary to implement all standards in this section agreed to, the bill as amended be read ance authority. except those provided for in subsection (d)(2). a third time and passed, the motion to Sec. 10. Tied aid credit program. ‘‘(2) MINIMUM STANDARDS FOR CERTIFICATION reconsider be laid on the table, and any Sec. 11. Prohibition on assistance to develop or OF APPROVED BODIES.—Not later than 24 months statements be printed in the RECORD. promote certain railway connec- after the date of enactment of this section, the The PRESIDING OFFICER. Without tions and railway-related connec- Secretary shall establish the standards regard- tions. ing approved bodies referred to in subsection objection, it is so ordered. Sec. 12. Process for notifying applicants of ap- (d)(2) and begin certifying approved bodies The committee amendment in the plication status; implementation under such subsection. nature of a substitute was agreed to. of Ex-Im Online. ‘‘(3) REGULATIONS FOR DELIVERY OF OR PAY- The bill (S. 2322) was ordered to be Sec. 13. Competitiveness initiatives. MENT FOR SERVICES.—Not later than 36 months engrossed for a third reading, was read Sec. 14. Office of financing for socially and eco- after the date of enactment of this section, the the third time, and passed. nomically disadvantaged small Secretary shall promulgate the regulations de- business concerns and small busi- scribed in subsection (h). The Secretary may f ness concerns owned by women. withhold the provision of Federal assistance as NATIONAL INTEGRATED DROUGHT Sec. 15. Governance. provided for in subsection (h) beginning on the INFORMATION SYSTEM ACT OF Sec. 16. Sense of Congress regarding multi- date that is 48 months after the date of enact- 2006 buyer insurance and capital guar- ment of this section. antee programs. ‘‘(k) DEFINITIONS.—In this section: Mr. FRIST. I ask unanimous consent Sec. 17. Sense of Congress regarding office of ‘‘(1) APPROVED BODY.—The term ‘approved the Committee on Commerce be dis- renewable energy promotion. body’ means an entity that has been certified by charged from further consideration of Sec. 18. Environmental matters. the Secretary under subsection (d)(1) to accredit H.R. 5136 and the Senate proceed to its Sec. 19. Government Accountability Office the various mechanisms by which an individual immediate consideration. study of bank performance stand- can demonstrate compliance with the standards ards for assistance to small busi- promulgated under subsection (a) with respect The PRESIDING OFFICER. Without nesses, especially those owned by to performing, planning, evaluating, or objection, it is so ordered. The clerk social and economically disadvan- verifying patient dose for medical imaging or ra- will report the bill by title. taged individuals and those diation therapy. The legislative clerk read as follows: owned by women.

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Sec. 20. Reports. basis thereafter the list of sensitive commercial ‘‘(5) EMPLOYEE EVALUATIONS.—The evalua- Sec. 21. Study of how Export-Import Bank sectors and products and the Bank shall submit tion of staff designated by the President of the could assist United States export- an updated list to the Committee on Banking, Bank under paragraph (1), including annual re- ers to meet import needs of new or Housing, and Urban Affairs of the Senate and views of performance of duties related to trans- impoverished democracies; report. the Committee on Financial Services of the actions in support of exports by small business SEC. 2. EXTENSION OF AUTHORITY. House of Representatives of such sectors and concerns, and any resulting recommendations Section 7 of the Export-Import Bank Act of products.’’. for salary adjustments, promotions, and other 1945 (12 U.S.C. 635f) is amended by striking SEC. 6. INCREASING EXPORTS BY SMALL BUSI- personnel actions, shall address the criteria es- ‘‘2006’’ and inserting ‘‘2011’’. NESS. tablished pursuant to subsection (h)(2)(B)(iii) SEC. 3. SUB-SAHARAN AFRICA ADVISORY COM- (a) IN GENERAL.—Section 3 of the Export-Im- and shall be conducted by the manager of the MITTEE. port Bank Act of 1945 (12 U.S.C. 635a) is amend- relevant operating division following consulta- (a) EXTENSION OF AUTHORITY.—Section ed by adding at the end the following: tion with the officer appointed to manage the 2(b)(9)(B)(iii) of the Export-Import Bank Act of ‘‘(f) SMALL BUSINESS DIVISION.— Small Business Division pursuant to subsection 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is amended by ‘‘(1) ESTABLISHMENT.—There is established a (f)(2). striking ‘‘2006’’ and inserting ‘‘2011’’. Small Business Division (in this subsection re- ‘‘(6) STAFF RECOMMENDATIONS.—Staff rec- (b) IMPROVED LIAISON WITH AFRICAN RE- ferred to as the ‘Division’) within the Bank in ommendations of denial or withdrawal for me- GIONAL FINANCIAL INSTITUTIONS.— order to— dium-term applications, exporter held multi- (1) MASTER GUARANTEE AGREEMENTS.—Within ‘‘(A) carry out the provisions of subpara- buyer policies, single buyer policies, and work- 1 year after the date of the enactment of this graphs (E) and (I) of section 2(b)(1) relating to ing capital applications processed by the Bank Act, the Export-Import Bank of the United outreach, feedback, product improvement, and shall be transmitted to the officer appointed to States shall seek to ensure that there is in effect transaction advocacy for small business con- manage the Small Business Division pursuant to a contract between each approved lender in Af- cerns (as defined in section 3(a) of the Small subsection (f)(2) not later than 2 business days rica and the Bank, which sets forth the Bank’s Business Act); before a final decision. guarantee undertakings and related obligations ‘‘(B) advise and seek feedback from small ‘‘(7) RULE OF INTERPRETATION.—Nothing in between the Bank and each lender. business concerns on the opportunities and ben- this Act shall be construed to prevent the dele- (2) REPORT ON WORKING RELATIONSHIPS WITH efits for small business concerns in the financ- gation to the Division of any authority nec- THE AFRICAN DEVELOPMENT BANK, THE AFRICAN ing products offered by the Bank, with par- essary to carry out subparagraphs (E) and (I) of EXPORT-IMPORT BANK, AND OTHER INSTITU- ticular emphasis on conducting outreach, en- section 2(b)(1). TIONS.—Section 2(b)(9) of such Act (12 U.S.C. hancing the tailoring of products to small busi- ‘‘(h) SMALL BUSINESS COMMITTEE.— 635(b)(9)) is amended by adding at the end the ness needs and increasing loans to small busi- ‘‘(1) ESTABLISHMENT.—There is established a following: ness concerns; management committee to be known as the ‘‘(C) The Bank shall include in the annual re- ‘‘(C) maintain liaison with the Small Business ‘Small Business Committee’. ‘‘(2) PURPOSE AND DUTIES.— port to the Congress submitted under section Administration and other departments and ‘‘(A) PURPOSE.—The purpose of the Small 8(a) a separate section that contains a report on agencies in matters affecting small business concerns; and Business Committee shall be to coordinate the the efforts of the Bank to— Bank’s initiatives and policies with respect to ‘‘(i) improve its working relationships with the ‘‘(D) provide oversight of the development, im- small business concerns (as defined in section African Development Bank, the African Export- plementation, and operation of technology im- 3(a) of the Small Business Act), including the Import Bank, and other institutions in the re- provements to strengthen small business out- timely processing and underwriting of trans- gion that are relevant to the purposes of sub- reach, including the technology improvement re- actions involving direct exports by small busi- paragraph (A) of this paragraph; and quired by section 2(b)(1)(E)(x). ness concerns, and the development and coordi- ‘‘(ii) coordinate closely with the United States ‘‘(2) MANAGEMENT.—The President of the nation of efforts to implement new or enhanced Foreign Service and Foreign Commercial Serv- Bank shall appoint an officer, who shall rank Bank products and services pertaining to small ice, and with the overall strategy of the United not lower than senior vice president and whose business concerns. States Government for economic engagement sole executive function shall be to manage the ‘‘(B) DUTIES.—The duties of the Small Busi- with Africa pursuant to the African Growth and Division. The officer shall— ‘‘(A) have substantial recent experience in fi- ness Committee shall be determined by the Presi- Opportunity Act.’’. dent of the Bank and shall include the fol- (c) INCREASING THE NUMBER OF QUALIFIED nancing exports by small business concerns; and ‘‘(B) advise the Board, particularly the direc- lowing: AFRICAN ENTITIES.—Section 2(b)(9) of such Act ‘‘(i) Assisting in the development of the (12 U.S.C. 635(b)(9)), as amended by subsection tor appointed under section 3(c)(8)(B) to represent the interests of small business, on matters Bank’s small business strategic plans, including (b), is amended by adding at the end the fol- the Bank’s plans for carrying out section lowing: of interest to, and concern for, small business. ‘‘(g) SMALL BUSINESS SPECIALISTS.— 2(b)(1)(E) (v) and (x), and measuring and re- ‘‘(D) Consistent with the requirement that the porting in writing to the President of the Bank, Bank obtain a reasonable assurance of repay- ‘‘(1) DEDICATED PERSONNEL.—The President of the Bank shall ensure that each operating divi- at least once a year, on the Bank’s progress in ment in connection with each transaction the achieving the goals set forth in the plans. Bank supports, the Bank shall, in consultation sion within the Bank has staff that specializes in processing transactions that primarily benefit ‘‘(ii) Evaluating and reporting in writing to with the entities described in subparagraph (C), the President of the Bank, at least once a year, seek to qualify a greater number of appropriate small business concerns (as defined in section 3(a) of the Small Business Act). with respect to— African entities for participation in programs of ‘‘(I) the performance of each operating divi- the Bank.’’. ‘‘(2) RESPONSIBILITIES.—The small business specialists shall be involved in all aspects of sion of the Bank in serving small business con- SEC. 4. EXTENSION OF AUTHORITY TO PROVIDE processing applications for loans, guarantees, cerns; FINANCING FOR THE EXPORT OF ‘‘(II) the impact of processing and under- and insurance to support exports by small busi- NONLETHAL DEFENSE ARTICLES OR writing standards on transactions involving di- ness concerns, including the approval or dis- SERVICES THE PRIMARY END USE OF rect exports by small business concerns; and WHICH WILL BE FOR CIVILIAN PUR- approval, or staff recommendations of approval ‘‘(III) the adequacy of the staffing and re- POSES. or disapproval, as applicable, of such applica- sources of the Small Business Division. Section 1(c) of Public Law 103–428 (12 U.S.C. tions. In carrying out these responsibilities, the ‘‘(iii) Establishing criteria for evaluating the 635 note; 108 Stat. 4376) is amended by striking small business specialists shall consider the performance of staff designated by the President ‘‘2001’’ and inserting ‘‘2011’’. unique business requirements of small businesses of the Bank under subsection (g)(1). SEC. 5. DESIGNATION OF SENSITIVE COMMER- and shall develop exporter performance criteria ‘‘(iv) Coordinating the provision of services CIAL SECTORS AND PRODUCTS. tailored to small business exporters. with other United States Government depart- Section 2(e) of the Export-Import Bank Act of ‘‘(3) APPROVAL AUTHORITY.—In an effort to ments and agencies to small business concerns. 1945 (12 U.S.C. 635(e)) is amended by adding at maximize the speed and efficiency with which ‘‘(3) COMPOSITION.— the end the following new paragraph: the Bank processes transactions primarily bene- ‘‘(A) CHAIRPERSON.—The Chairperson of the ‘‘(5) DESIGNATION OF SENSITIVE COMMERCIAL fitting small business concerns, the small busi- Small Business Committee shall be the officer SECTORS AND PRODUCTS.—Not later than 120 ness specialists shall be authorized to approve appointed to manage the Small Business Divi- days after the date of the enactment of this Act, applications for working capital loans and sion pursuant to subsection (f)(2). The Chair- the Bank shall submit a list to the Committee on guarantees, and insurance in accordance with person shall have the authority to call meetings Banking, Housing, and Urban Affairs of the policies and procedures established by the of the Small Business Committee, set the agenda Senate and the Committee on Financial Services Board. It is the sense of Congress that the poli- for Committee meetings, and request policy rec- of the House of Representatives, which des- cies and procedures should not prohibit, where ommendations from the Committee’s members. ignates sensitive commercial sectors and prod- appropriate, small business specialists from ap- ‘‘(B) OTHER MEMBERS.—Except as otherwise ucts with respect to which the provision of fi- proving applications for working capital loans provided in this subsection, the President of the nancing support by the Bank is deemed unlikely and guarantees, and for insurance, in support Bank shall determine the composition of the by the President of the Bank due to the signifi- of exports which have a value of less than Small Business Committee, and shall appoint or cant potential for a determination that such fi- $10,000,000. remove the members of the Small Business Com- nancing support would result in an adverse eco- ‘‘(4) IDENTIFICATION.—The Bank shall promi- mittee. In making such appointments, the Presi- nomic impact on the United States. The Presi- nently identify the small business specialists on dent of the Bank shall ensure that the Small dent of the Bank shall review on an annual its website and in promotional material. Business Committee is comprised of—

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 6333 E:\CR\FM\A06DE6.092 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11393 ‘‘(i) the senior managing officers responsible ‘‘(ii) the views of the public and interested be extended to a period of not more than 30 for underwriting and processing transactions; parties. days)’’ after ‘‘comment period’’. and ‘‘(B) NOTICE AND COMMENT REQUIREMENTS.— SEC. 9. AGGREGATE LOAN, GUARANTEE, AND IN- ‘‘(ii) other officers and employees of the Bank ‘‘(i) IN GENERAL.—If, in making a determina- SURANCE AUTHORITY. with responsibility for outreach to small busi- tion under this subsection with respect to a loan Subparagraph (E) of section 6(a)(2) of the Ex- ness concerns and underwriting and processing or guarantee, the Bank intends to conduct a de- port-Import Bank Act of 1945 (12 U.S.C. transactions that involve small business con- tailed economic impact analysis or similar 635e(a)(2)) is amended to read as follows: cerns. study, the Bank shall publish in the Federal ‘‘(E) during fiscal year 2006, and each fiscal ‘‘(4) REPORTING.—The Chairperson shall pro- Register a notice of the intent, and provide a pe- year thereafter through fiscal year 2011,’’. vide to the President of the Bank minutes of riod of not less than 14 days (which, on request SEC. 10. TIED AID CREDIT PROGRAM. each meeting of the Small Business Committee, by any affected party, shall be extended to a pe- (a) IN GENERAL.—Section 10(b)(5)(B)(ii) of the including any recommendations by the Com- riod of not more than 30 days) for the submis- Export-Import Bank Act of 1945 (12 U.S.C. 635i– mittee or its individual members.’’. sion to the Bank of comments on the economic 3(b)(5)(B)(ii)) is amended to read as follows: (b) ENHANCE DELEGATED LOAN AUTHORITY effects of the provision of the loan or guarantee, ‘‘(ii) PROCESS.—In handling individual appli- FOR MEDIUM TERM TRANSACTIONS.— including comments on the factors set forth in (1) IN GENERAL.—The Export-Import Bank of cations involving the use or potential use of the subparagraphs (A) and (B) of paragraph (1). In Tied Aid Credit Fund the following process shall the United States shall seek to expand the exer- addition, the Bank shall seek comments on the cise of authority under section 2(b)(1)(E)(vii) of exclusively apply pursuant to subparagraph economic effects from the Department of Com- (A): the Export-Import Bank Act of 1945 (12 U.S.C. merce, the Office of Management and Budget, 635(b)(1)(E)(vii)) with respect to medium term ‘‘(I) The Bank shall process an application for the Committee on Banking, Housing, and Urban tied aid in accordance with the principles and transactions for small business concerns. Affairs of the Senate, and the Committee on Fi- (2) CONFORMING AMENDMENT.—Section standards developed pursuant to subparagraph nancial Services of the House of Representa- (A) and clause (i) of this subparagraph. 2(b)(1)(E)(vii)(III) of the Export-Import Bank tives. Act of 1945 (12 U.S.C. 635(b)(1)(E)(vii)(III)) is ‘‘(II) Twenty days prior to the scheduled ‘‘(ii) CONTENT OF NOTICE.—The notice shall meeting of the Board of Directors at which an amended by inserting ‘‘or other financing insti- include appropriate, nonproprietary information tutions or entities’’ after ‘‘consortia’’. application will be considered (unless the Bank about— determines that an earlier discussion is appro- (3) DEADLINE.—Not later than 180 days after ‘‘(I) the country to which the goods involved the date of the enactment of this Act, the Ex- priate based on the facts of a particular financ- in the transaction will be shipped; ing), the Bank shall brief the Secretary on the port-Import Bank of the United States shall ‘‘(II) the type of goods being exported; application and deliver to the Secretary such make available lines of credit and guarantees to ‘‘(III) the amount of the loan or guarantee in- documents, information, or data as may reason- carry out section 2(b)(1)(E)(vii) of the Export- volved; ably be necessary to permit the Secretary to re- Import Bank Act of 1945 pursuant to policies ‘‘(IV) the goods that would be produced as a view the application to determine if the applica- and procedures established by the Board of Di- result of the provision of the loan or guarantee; rectors of the Export-Import Bank of the United ‘‘(V) the amount of increased production that tion complies with the principles and standards States. will result from the transaction; developed pursuant to subparagraph (A) and SEC. 7. ANTI-CIRCUMVENTION. ‘‘(VI) the potential sales market for the result- clause (i) of this subparagraph. Section 2(e) of the Export-Import Bank Act of ing goods; and ‘‘(III) The Secretary may request a single 1945 (12 U.S.C. 635(e)), as amended by section 5 ‘‘(VII) the value of the transaction. postponement of the consideration by the Board of this Act, is amended— ‘‘(iii) PROCEDURE REGARDING MATERIALLY of Directors of the application for up to 14 days (1) by inserting after paragraph (1), the fol- CHANGED APPLICATIONS.— to allow the Secretary to submit to the Board of lowing flush paragraph: ‘‘(I) IN GENERAL.—If a material change is Directors a memorandum objecting to the appli- ‘‘In making the determination under subpara- made to an application for a loan or guarantee cation. graph (B), the Bank shall determine whether from the Bank after a notice with respect to the ‘‘(IV) Case-by-case decisions on whether to the facility that would benefit from the exten- intent described in clause (i) is published under approve the use of the Tied Aid Credit Fund sion of a credit or guarantee is reasonably likely this subparagraph, the Bank shall publish in shall be made by the Board of Directors, except to produce a commodity in addition to, or other the Federal Register a revised notice of the in- that the approval of the Board of Directors (or than, the commodity specified in the application tent, and shall provide for a comment period, as a commitment letter based on that approval) and whether the production of the additional provided in clauses (i) and (ii). shall not become final (except as provided in commodity may cause substantial injury to ‘‘(II) MATERIAL CHANGE DEFINED.—As used in subclause (V)), if the Secretary indicates to the United States producers of the same, or a similar subclause (I), the term ‘material change’, with President of the Bank in writing the Secretary’s or competing, commodity.’’; respect to an application, includes— intention to appeal the decision of the Board of (2) in paragraph (2), by adding at the end the ‘‘(aa) a change of at least 25 percent in the Directors to the President of the United States following: amount of a loan or guarantee requested in the and makes the appeal in writing not later than ‘‘(E) ANTI-CIRCUMVENTION.—The Bank shall application; and 20 days after the meeting at which the Board of not provide a loan or guarantee if the Bank de- ‘‘(bb) a change in the principal product to be Directors considered the application. termines that providing the loan or guarantee produced as a result of any transaction that ‘‘(V) The Bank shall not grant final approval will facilitate circumvention of an order or de- would be facilitated by the provision of the loan of an application for any tied aid credit (or a termination referred to in subparagraph (A).’’; or guarantee. commitment letter based on that approval) if the and ‘‘(C) REQUIREMENT TO ADDRESS VIEWS OF AD- President of the United States, after consulting (3) by adding at the end the following: VERSELY AFFECTED PERSONS.—Before taking with the President of the Bank and the Sec- ‘‘(6) FINANCIAL THRESHOLD DETERMINA- final action on an application for a loan or retary, determines within 30 days of an appeal TIONS.—For purposes of determining whether a guarantee to which this section applies, the by the Secretary under subclause (IV) that the proposed transaction exceeds a financial thresh- staff of the Bank shall provide in writing to the extension of the tied aid credit would materially old under this subsection or under the proce- Board of Directors the views of any person who impede achieving the purposes described in sub- dures or rules of the Bank, the Bank shall ag- submitted comments pursuant to subparagraph section (a)(6). If no such Presidential determina- gregate the dollar amount of the proposed trans- (B). tion is made during the 30-day period, the ap- action and the dollar amounts of all loans and ‘‘(D) PUBLICATION OF CONCLUSIONS.—Within proval by the Bank of the application (or re- guarantees, approved by the Bank in the pre- 30 days after a party affected by a final decision lated commitment letter) that was the subject of ceding 24-month period, that involved the same of the Board of Directors with respect to a loan such appeal shall become final.’’. foreign entity and substantially the same prod- or guarantee makes a written request therefor, (b) CLARIFICATION OF USE OF TIED AID CRED- uct to be produced.’’. the Bank shall provide to the affected party a IT FUND TO MATCH.—Section 10 of the Export- SEC. 8. TRANSPARENCY. non-confidential summary of the facts found Import Bank Act of 1945 (12 U.S.C. 635i–3) is (a) IN GENERAL.—Section 2(e) of the Export- and conclusions reached in any detailed eco- amended— Import Bank Act of 1945 (12 U.S.C. 635(e)), as nomic impact analysis or similar study con- (1) in subsection (a), in paragraph (6)— amended by sections 5 and 7 of this Act, is ducted pursuant to subparagraph (B) with re- (A) in the matter preceding subparagraph (A), amended by adding at the end the following: spect to the loan or guarantee, that were sub- by inserting ‘‘, including those that are not a ‘‘(7) PROCEDURES TO REDUCE ADVERSE EFFECTS mitted to the Board of Directors. party to the Arrangement,’’ after ‘‘countries’’; OF LOANS AND GUARANTEES ON INDUSTRIES AND ‘‘(E) RULE OF INTERPRETATION.—This para- (B) in subparagraph (B), by adding ‘‘and’’ at EMPLOYMENT IN UNITED STATES.— graph shall not be construed to make sub- the end; and ‘‘(A) CONSIDERATION OF ECONOMIC EFFECTS OF chapter II of chapter 5 of title 5, United States (C) by inserting after subparagraph (B) the PROPOSED TRANSACTIONS.—If, in making a deter- Code, applicable to the Bank. following: mination under this paragraph with respect to a ‘‘(F) REGULATIONS.—The Bank shall imple- ‘‘(C) promoting compliance with Arrangement loan or guarantee, the Bank conducts a detailed ment such regulations and procedures as may be rules among foreign export credit agencies that economic impact analysis or similar study, the appropriate to carry out this paragraph.’’. are not a party to the Arrangement;’’; and analysis or study, as the case may be, shall in- (b) CONFORMING AMENDMENT.—Section (2) in subsection (b), in paragraph (5)(B)— clude consideration of— 2(e)(2)(C) of such Act (12 U.S.C. 635(e)(2)(C)) is (A) in clause (i)— ‘‘(i) the factors set forth in subparagraphs (A) amended by inserting ‘‘of not less than 14 days (i) in subclause (I), by striking ‘‘and’’ and by and (B) of paragraph (1); and (which, on request of any affected party, shall inserting ‘‘, and to seek compliance by those

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 6333 E:\CR\FM\A06DE6.092 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11394 CONGRESSIONAL RECORD — SENATE December 6, 2006 countries that are not a party to the Arrange- Act of 1945 (12 U.S.C. 635 et seq.) is amended by Bank in providing funding, guarantees, or in- ment’’ before the period; and inserting after section 8 the following: surance for services, which shall include appro- (ii) in subclause (III), by adding at the end ‘‘SEC. 8A. ANNUAL COMPETITIVENESS REPORT. priate information on the involvement of the the following: ‘‘In cases where information ‘‘(a) IN GENERAL.—Not later than June 30 of other major export-financing facilities referred about a specific offer of foreign tied aid (or un- each year, the Bank shall submit to the appro- to in paragraph (1) in providing such support tied aid used to promote exports as if it were tied priate congressional committees a report that infor services, and an explanation of any dif- aid) is not available in a timely manner, or is cludes the following: ferences among the facilities in providing the unavailable because the foreign export credit ‘‘(1) ACTIONS OF BANK IN PROVIDING FINANCING support. ‘‘(9) EXPORT FINANCE CASES NOT IN COMPLI- agency involved is not subject to the reporting ON A COMPETITIVE BASIS, AND TO MINIMIZE COM- ANCE WITH THE ARRANGEMENT.—Detailed infor- requirements under the Arrangement, then the PETITION IN GOVERNMENT-SUPPORTED EXPORT FI- mation on cases reported to the Bank of export Bank may decide to use the Tied Aid Credit NANCING.—A description of the actions of the financing that appear not to comply with the Fund based on credible evidence of a history of Bank in complying with the second and third Arrangement (as defined in section 10(h)(3)) or such offers under similar circumstances or other sentences of section 2(b)(1)(A). In this part of that appear to exploit loopholes in the Arrange- forms of credible evidence.’’. the report, the Bank shall include a survey of ment for the purpose of obtaining a commercial SEC. 11. PROHIBITION ON ASSISTANCE TO DE- all other major export-financing facilities avail- competitive advantage. The President of the VELOP OR PROMOTE CERTAIN RAIL- able from other governments and government-re- WAY CONNECTIONS AND RAILWAY- Bank, in consultation with the Secretary of the lated agencies through which foreign exporters RELATED CONNECTIONS. Treasury, may provide to the appropriate con- Section 2(b) of the Export-Import Act of 1945 compete with United States exporters (including gressional committees the information required (12 U.S.C. 635(b)) is amended by adding at the through use of market windows (as defined pur- by this subsection in a separate and confidential end the following new paragraph: suant to section 10(h)(7))) and, to the extent report, instead of providing such information in ‘‘(13) PROHIBITION ON ASSISTANCE TO DE- such information is available to the Bank, indi- the report required by this subsection. VELOP OR PROMOTE CERTAIN RAILWAY CONNEC- cate in specific terms the ways in which the ‘‘(10) FOREIGN EXPORT CREDIT AGENCY ACTIVI- TIONS AND RAILWAY-RELATED CONNECTIONS.— Bank’s rates, terms, and other conditions com- TIES NOT CONSISTENT WITH THE WTO AGREEMENT The Bank shall not guarantee, insure, or extend pare with those offered from such other govern- ON SUBSIDIES AND COUNTERVAILING MEASURES.— (or participate in the extension of) credit in con- ments directly or indirectly. With respect to the A description of the extent to which the activi- nection with the export of any good or service preceding sentence, the Bank shall use all avail- ties of foreign export credit agencies and other relating to the development or promotion of any able information to estimate the annual amount entities sponsored by a foreign government, par- railway connection or railway-related connec- of export financing available from each such ticularly those that are not members of the Ar- tion that does not traverse or connect with Ar- government and government-related agency. In rangement (as defined in section 10(h)(3)), ap- menia and does traverse or connect Baku, Azer- this part of the report, the Bank shall include a pear not to comply with the Arrangement and baijan, Tbilisi, Georgia, and Kars, Turkey.’’. survey of a representative number of United appear to be inconsistent with the terms of the SEC. 12. PROCESS FOR NOTIFYING APPLICANTS States exporters and United States commercial Agreement on Subsidies and Countervailing OF APPLICATION STATUS; IMPLE- lending institutions which provide export credit Measures referred to in section 101(d)(12) of the MENTATION OF EX-IM ONLINE. on the experience of the exporters and institu- Uruguay Round Agreements Act (19 U.S.C. Section 2 of the Export-Import Bank Act of tions in meeting financial competition from 3511(d)(12)), and a description of the actions 1945 (12 U.S.C. 635) is amended by adding at the other countries whose exporters compete with taken by the United States Government to ad- end the following: United States exporters. dress the activities. The President of the Bank, ‘‘(g) PROCESS FOR NOTIFYING APPLICANTS OF ‘‘(2) ROLE OF BANK IN IMPLEMENTING STRA- in consultation with the Secretary of the Treas- APPLICATION STATUS.—The Bank shall establish TEGIC PLAN PREPARED BY THE TRADE PROMOTION ury, may provide to the appropriate congres- and adhere to a clearly defined process for— COORDINATING COMMITTEE.—A description of the sional committees, the information required by ‘‘(1) acknowledging receipt of applications; role of the Bank in implementing the strategic this subsection in a separate and confidential ‘‘(2) informing applicants that their applica- plan prepared by the Trade Promotion Coordi- report, instead of providing such information in tions are complete or, if incomplete or con- nating Committee in accordance with section the report required by this subsection. taining a minor defect, of the additional mate- 2312 of the Export Enhancement Act of 1988. ‘‘(b) INCLUSION OF ADDITIONAL COMMENTS.— rial or changes that, if supplied or made, would ‘‘(3) TIED AID CREDIT PROGRAM AND FUND.— The report required by subsection (a) shall in- make the application eligible for consideration; The report required by section 10(g). clude such additional comments as any member and ‘‘(4) PURPOSE OF ALL BANK TRANSACTIONS.—A of the Board of Directors may submit to the ‘‘(3) keeping applicants informed of the status description of all Bank transactions which shall Board for inclusion in the report. of their applications, including a clear and be classified according to their principal pur- ‘‘(c) APPROPRIATE CONGRESSIONAL COMMIT- timely notification of approval or disapproval, pose, such as to correct a market failure or to TEES.—The term ‘appropriate congressional com- and, in the case of disapproval, the reason for provide matching support. mittees’ means the Committee on Financial Serv- disapproval, as appropriate. ‘‘(5) EFFORTS OF BANK TO PROMOTE EXPORT ices of the House of Representatives and the ‘‘(h) RESPONSE TO APPLICATION FOR FINANC- OF GOODS AND SERVICES RELATED TO RENEWABLE Committee on Banking, Housing, and Urban Af- ING; IMPLEMENTATION OF ONLINE LOAN REQUEST ENERGY SOURCES.—A description of the activities fairs of the Senate.’’. AND TRACKING PROCESS.— of the Bank with respect to financing renewable (b) CONFORMING AMENDMENT.—Section ‘‘(1) RESPONSE TO APPLICATIONS.—Within 5 energy projects undertaken under section 2(b)(1)(A) of such Act (12 U.S.C. 635(b)(1)(A)) is days after the Bank receives an application for 2(b)(1)(K), and an analysis comparing the level amended by striking all that follows the third financing, the Bank shall notify the applicant of credit extended by the Bank for renewable sentence. (c) EXPANSION OF COUNTRIES IN COMPETITION that the application has been received, and energy projects with the level of credit so ex- WITH WHICH THE BANK ISTOPROVIDE EXPORT shall include in the notice— tended for the preceding fiscal year. ‘‘(A) a request for such additional information FINANCING.—Section 2(b)(1)(A) of such Act (12 ‘‘(6) SIZE OF BANK PROGRAM ACCOUNT.—A sep- as may be necessary to make the application U.S.C. 635(b)(1)(A)) is amended in the second arate section which— complete; sentence by inserting ‘‘, including countries the ‘‘(B) the name of a Bank employee who may ‘‘(A) compares, to the extent practicable, the governments of which are not members of the be contacted with questions relating to the ap- size of the Bank program account with the size Arrangement (as defined in section 10(h)(3))’’ plication; and of the program accounts of the other major ex- before the period. ‘‘(C) a unique identification number which port-financing facilities referred to in paragraph (d) SENSE OF CONGRESS REGARDING NEGOTIA- may be used to review the status of the applica- (1); and TION OF THE OECD ARRANGEMENT.—It is the tion at a website established by the Bank. ‘‘(B) makes recommendations, if appropriate, sense of Congress that in the negotiation of the ‘‘(2) WEBSITE.—Not later than September 1, with respect to the relative size of the Bank pro- Arrangement (as defined in section 10(h)(3) of 2007, the Bank shall exercise the authority gram account, based on factors including the Export-Import Bank Act of 1945) the goals of granted by subparagraphs (E)(x) and (J) of sub- whether the size differences are in the best in- the United States include the following: section (b)(1) to establish, and thereafter to terests of the United States taxpayer. (1) Seeking compliance with the Arrangement maintain, a website through which— ‘‘(7) CO-FINANCING PROGRAMS OF THE BANK among countries with significant export credit ‘‘(A) Bank products may be applied for; and AND OF OTHER EXPORT CREDIT AGENCIES.—A de- programs who are not members of the Arrange- ‘‘(B) information may be obtained with re- scription of the co-financing programs of the ment. spect to— Bank and of the other major export-financing (2) Seeking to identify within the World Trade ‘‘(i) the status of any such application; facilities referred to in paragraph (1), which in- Organization the extent to which countries that ‘‘(ii) the Small Business Division of the Bank; cludes a list of countries with which the United are not a party to the Arrangement are not in and States has in effect a memorandum of under- compliance with the terms of the Agreement on ‘‘(iii) incentives, preferences, targets, and standing relating to export credit agency co-fi- Subsidies and Countervailing Measures referred goals relating to small business concerns (as de- nancing and, if such a memorandum is not in to in section 101(d)(12) of the Uruguay Round fined in Section 3(a) of the Small Business Act), effect with any country with a major export Agreements Act (19 U.S.C. 3511(d)(12)) with re- including small business concerns exporting to credit-financing facility, an explanation of why spect to export finance, and seeking appropriate Africa.’’. such a memorandum is not in effect. action within the World Trade Organization for SEC. 13. COMPETITIVENESS INITIATIVES. ‘‘(8) SERVICES SUPPORTED BY THE BANK AND BY each country that is not in such compliance. (a) EXPANSION OF SCOPE OF ANNUAL COMPETI- OTHER EXPORT CREDIT AGENCIES.—A separate (3) Implementing new disciplines on the use of TIVENESS REPORT.—The Export-Import Bank section which describes the participation of the untied aid, market windows, and other forms of

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 6333 E:\CR\FM\A06DE6.092 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11395 export finance that seek to exploit loopholes in such an Office of Renewable Energy Promotion, ‘‘(2) the extent to which financing has been the Arrangement for purposes of obtaining a including for each year a description of the made available to small business concerns (de- commercial competitive advantage. amount of credit extended by the Bank for re- scribed in subsection (e)) to enable them to par- SEC. 14. OFFICE OF FINANCING FOR SOCIALLY newable energy technologies during that year ticipate in exports by major contractors, includ- AND ECONOMICALLY DISADVAN- and a comparison between that amount and the ing through access to the supply chains of the TAGED SMALL BUSINESS CONCERNS amount of such credit extended by the Bank in contractors through direct or indirect funding; AND SMALL BUSINESS CONCERNS previous years. ‘‘(3) the specific measures the Bank will take OWNED BY WOMEN. SEC. 18. ENVIRONMENTAL MATTERS. in the upcoming year to achieve the small busi- N ENERAL (a) I G .—Section 3 of the Export-Im- (a) ENVIRONMENTAL REPRESENTATIVES ON THE ness objectives of the Bank, including expanded port Bank Act of 1945 (12 U.S.C. 635a), as added ADVISORY COMMITTEE.—Section 3(d) of the Ex- outreach, product improvements, and related ac- by section 6, is amended by adding at the end port-Import Bank Act of 1945 (12 U.S.C. 635a(d)) tions; the following: is amended— ‘‘(4) the progress made by the Bank in sup- ‘‘(i) OFFICE OF FINANCING FOR SOCIALLY AND (1) in paragraph (1)— porting exports by socially and economically ECONOMICALLY DISADVANTAGED SMALL BUSI- (A) in subparagraph (A), by striking ‘‘15’’ and disadvantaged small business concerns (defined NESS CONCERNS AND SMALL BUSINESS CONCERNS inserting ‘‘17’’; and in section 8(a)(4) of the Small Business Act) and OWNED BY WOMEN.— (B) in subparagraph (B), by inserting ‘‘envi- small business concerns (as defined in section ‘‘(1) ESTABLISHMENT.—The President of the ronment,’’ before ‘‘production,’’; and 3(a) of the Small Business Act) owned by Bank shall establish in the Small Business Divi- (2) in paragraph (2), by adding at the end the women, including estimates of the amounts sion an office whose sole functions shall be to following: made available to finance exports directly by continue and enhance the outreach activities of ‘‘(C) Not less than 2 members appointed to the such small business concerns, a comparison of the Bank with respect to, and increase the total Advisory Committee shall be representative of these amounts with the amounts made available amount of loans, guarantees, and insurance the environmental nongovernmental organiza- to all small business concerns, and a comparison provided by the Bank to support exports by, so- tion community, except that no 2 of the members of such amounts with the amounts so made cially and economically disadvantaged small shall be from the same environmental organiza- available during the 2 preceding years; business concerns (as defined in section 8(a)(4) tion.’’. ‘‘(5) with respect to each type of transaction, of the Small Business Act) and small business (b) PUBLIC DISCLOSURE OF CERTAIN DOCU- the interest and fees charged by the Bank to ex- concerns owned by women. MENTS.—Section 11(a)(1) of the Export-Import porters (including a description of fees and in- ‘‘(2) MANAGEMENT.—The office shall be man- Bank of 1945 (12 U.S.C. 635i-5(a)(1)) is amended terest, if any, charged to small business con- aged by a Bank officer of appropriate rank who by inserting after the first sentence the fol- cerns), buyers, and other applicants in connec- shall report to the Bank officer designated lowing: ‘‘Such procedures shall provide for the tion with each financing program of the Bank, under subsection (f)(2). public disclosure of environmental assessments and the highest, lowest, and average fees ‘‘(3) STAFFING.—To the maximum extent prac- and supplemental environmental reports re- charged by the Bank for short term insurance ticable, the President of the Bank shall ensure quired to be submitted to the Bank, including transactions; that qualified minority and women applicants remediation or mitigation plans and procedures, ‘‘(6) the effects of the fees on the ability of the are considered when filling any position in the and related monitoring reports. The preceding Bank to achieve the objectives of the Bank re- office.’’. sentence shall not be interpreted to require the lating to small business; (b) FINANCING DIRECTED TOWARD SMALL BUSI- public disclosure of any information described ‘‘(7) the fee structure of the Bank as compared NESSES OWNED BY MINORITIES OR WOMEN.—Sec- in section 1905 of title 18, United States Code.’’. with those of foreign export credit agencies; and tion 2(b)(1)(E)(v) of such Act (12 U.S.C. SEC. 19. GOVERNMENT ACCOUNTABILITY OFFICE ‘‘(8)(A) the efforts made by the Bank to carry 635(b)(1)(E)(v)) is amended by adding at the end STUDY OF BANK PERFORMANCE out subparagraphs (E)(x) and (J) of section the following: ‘‘From the amount made avail- STANDARDS FOR ASSISTANCE TO 2(b)(1) of the Export-Import Bank Act of 1945, SMALL BUSINESSES, ESPECIALLY able under the preceding sentence, it shall be a including the total amount expended by the goal of the Bank to increase the amount made THOSE OWNED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED Bank to do so; and available to finance exports directly by small INDIVIDUALS AND THOSE OWNED BY ‘‘(B) if the Bank has been unable to comply business concerns referred to in section 3(i)(1).’’. WOMEN. with such subparagraphs— SEC. 15. GOVERNANCE. (a) PERFORMANCE STANDARDS.—The Bank ‘‘(i) an analysis of the reasons therefor; and Section 3(c) of the Export-Import Bank Act of shall develop a set of performance standards for ‘‘(ii) what the Bank is doing to achieve, and 1945 (12 U.S.C. 635a(c)) is amended by adding at determining the extent to which the Bank has the date by which the Bank expects to have the end the following: carried out successfully subparagraphs (E) and achieved, such compliance.’’. ‘‘(9) At the request of any 2 members of the (I) of section 2(b)(1) of the Export-Import Bank SEC. 21. STUDY OF HOW EXPORT-IMPORT BANK Board of Directors, the Chairman of the Board Act of 1945, and the functions described in sub- COULD ASSIST UNITED STATES EX- shall place an item pertaining to the policies or sections (f)(1), (g)(1), (h)(1), and (i)(1) of section PORTERS TO MEET IMPORT NEEDS procedures of the Bank on the agenda for dis- 3 of such Act. OF NEW OR IMPOVERISHED DEMOC- cussion by the Board. Within 30 days after the (b) ASSESSMENT OF STANDARDS.—Within 18 RACIES; REPORT. date such a request is made, the Chairman shall months after the date of the enactment of this (a) STUDY.—The Export-Import Bank of the hold a meeting of the Board at which the item Act, the Comptroller General of the United United States shall conduct a study designed to shall be discussed.’’. States shall transmit to the Committee on Fi- assess the needs of new or impoverished democracies, such as Liberia and Haiti, for imports SEC. 16. SENSE OF CONGRESS REGARDING nancial Services of the House of Representatives MULTI-BUYER INSURANCE AND and the Committee on Banking, Housing, and from the United States, and shall determine WORKING CAPITAL GUARANTEE PRO- Urban Affairs of the Senate— what role the Bank can play a role in helping GRAMS. (1) an assessment of the performance stand- United States exporters seize the opportunities It is the sense of Congress that the Export-Im- ards developed by the Bank pursuant to sub- presented by the need for such imports. port Bank of the United States should seek to section (a); and (b) REPORT TO CONGRESS.—Within 12 months expand the number and size of the regional (2) using the performance standards developed after the date of the enactment of this Act, the multi-buyer insurance programs and working pursuant to subsection (a), an assessment of the Bank shall submit to the Committee on Finan- capital guarantee programs operated by, Bank’s efforts to carry out subparagraphs (E) cial Services of the House of Representatives through, or in conjunction with the Bank. and (I) of section 2(b)(1) of the Export-Import and the Committee on Banking, Housing, and SEC. 17. SENSE OF CONGRESS REGARDING AN OF- Bank Act of 1945, and the functions described in Urban Affairs of the Senate, in writing, a final FICE OF RENEWABLE ENERGY PRO- subsections (f)(1), (g)(1), (h)(1), and (i)(1) of sec- report that contains the results of the study re- MOTION. tion 3 of such Act. quired by subsection (a). It is the sense of Congress that— SEC. 20. REPORTS. Mr. FRIST. I ask unanimous consent (1) the Export-Import Bank of the United Section 8 of the Export-Import Bank Act of the Senate concur in the House amend- States should establish, within 2 years of the 1945 (12 U.S.C. 635g) is amended by adding at ment, the motion to reconsider be laid date of the enactment of this Act, an Office of the end the following: on the table, and any statements be Renewable Energy Promotion staffed by individ- ‘‘(f) ADDITIONAL REPORTS.—Not later than uals with appropriate expertise in renewable en- March 31 of each year, the Bank shall submit to printed in the RECORD. ergy technologies to proactively identify new op- the Committee on Financial Services of the The PRESIDING OFFICER. Without portunities for renewable energy financing and House of Representatives and the Committee on objection, it is so ordered. to carry out section 2(b)(1)(K) of the Export-Im- Banking, Housing, and Urban Affairs of the Mr. FRIST. I suggest the absence of a port Bank Act of 1945 (12 U.S.C. 635(b)(1)(K)); Senate reports on— quorum. (2) in carrying out the purposes of such an ‘‘(1) the extent to which the Bank has been The PRESIDING OFFICER. The Office of Renewable Energy Promotion, the able to use the authority provided, and has com- clerk will call the roll. head of such Office should consider the rec- plied with the mandates contained, in section The legislative clerk proceeded to ommendations of the Renewable Energy Exports 2(b)(1)(E), and to the extent the Bank has been Advisory Committee of the Bank to promote re- unable to fully use such authority and comply call the roll. newable energy technologies; and with such mandates, a report on the reasons for Mr. FRIST. Mr. President, I ask (3) the Bank should include in its annual re- the Bank’s inability to do so and the steps the unanimous consent the order for the port a description of the activities carried out by Bank is taking to remedy such inability; quorum call be rescinded.

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.092 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11396 CONGRESSIONAL RECORD — SENATE December 6, 2006 The PRESIDING OFFICER. Without time for the two leaders be reserved, Serving his Nation in the military objection, it is so ordered. and the Senate resume executive ses- was, indeed, the childhood dream of f sion for the consideration of the nomi- SGT Jeremy Murray—something that nation of Andrew von Eschenbach; I had been ingrained in him at a young EXECUTIVE SESSION further ask consent that there be 60 age through a love of the outdoors. minutes equally divided for debate Born on February 5, 1978, Jeremy was prior to the cloture vote, with the time only 2 years old when his father started NOMINATION OF KENT A. JORDAN equally divided as follows: Chairman taking him into the woods. From TO BE UNITED STATES CIRCUIT ENZI or his designee, 30 minutes; Sen- there, he never once looked back. JUDGE FOR THE THIRD CIRCUIT ator GRASSLEY, 30 minutes; Senator Jeremy’s strong appreciation for and Mr. FRIST. I ask unanimous consent VITTER, 10 minutes. love of the outdoors translated into a the Senate proceed to executive session The PRESIDING OFFICER. Without childhood obsession with all things to consider Calendar No. 924. objection, it is so ordered. Daniel Boone—who Jeremy believed was the greatest hunter of all time. In- The PRESIDING OFFICER. Without f objection, it is so ordered. The clerk deed, Jeremy wanted to be Daniel will report the nomination. PROGRAM Boone. His parents made him a Daniel Boone The legislative clerk read the nomi- Mr. FRIST. Mr. President, the Sen- hunting outfit, complete with a rac- nation of Kent A. Jordan, of Delaware, ate overwhelmingly confirmed Robert coon skin cap and a rabbit pelt vest. A to be United States Circuit Judge for Gates as Secretary of Defense today. I the Third Circuit. family friend contributed by making thank Chairman WARNER, once again, Jeremy a metal Bowie knife. And, his CLOTURE MOTION and Senator LEVIN for their tremen- dad even made a replica flintlock for Mr. FRIST. I send a cloture motion dous work in expediting this nomina- him. to the desk. tion through the committee. Jeremy loved his Daniel Boone out- The PRESIDING OFFICER. The clo- Tomorrow, the Senate will have a fit. But, when he outgrew it, he found ture motion having been presented cloture vote on the nomination of the another uniform waiting for him—mili- under rule XXII, the Chair directs the FDA Commissioner. I previously point- tary fatigues. And according to his fa- clerk to read the motion. ed out how important it is that we ther, Jeremy ‘‘never was out of those. The assistant legislative clerk read have a confirmed Commissioner there Never.’’ as follows: and thus I did file cloture to ensure Jeremy’s mother remembers that her CLOTURE MOTION that we did have before the end of this son grew up talking constantly about We the undersigned Senators, in accord- year. Senators can expect that vote joining the military. He joined the ance with the provisions of rule XXII of the somewhere around 10:30 to 10:45 tomor- Army after graduating from Waterloo Standing Rules of the Senate, do hereby row morning. If cloture is invoked, High School in 1996. After his enlist- move to bring to a close debate on the nomi- which I expect it to be, it is my hope ment ended, Jeremy came home and nation of Kent A. Jordan, of Delaware, to be that we will be able to get an agree- worked for awhile. But, only a few United States Circuit Judge for the Southern ment on scheduling a vote on confirma- months later, he joined the Marines. It District of Iowa. tion at a reasonable hour. was simply the career Jeremy was Bill Frist, Robert Bennett, Arlen Spec- ter, Tom Coburn, Kit Bond, George We have several outstanding legisla- meant to have. According to his father, Allen, Lindsey Graham, Trent Lott, tive and executive items to complete Jeremy ‘‘wasn’t happy with anything Mel Martinez, Gordon Smith, Sam before we close out this Congress, so but the military.’’ Brownback, Rick Santorum, Richard Senators should be prepared to be here Jeremy’s mother agrees. ‘‘He really Burr, Hillary Clinton, Johnny Isakson, until we get our work done. joined [the military] at birth,’’ she Jim DeMint. f said. Pam also remembers how ready Mr. FRIST. I ask unanimous consent her son was for the military. She tells that the mandatory quorum be waived. ORDER FOR ADJOURNMENT the following story: The PRESIDING OFFICER. Without Mr. FRIST. If there is no further [Jeremy] was so prepared for military serv- objection, it is so ordered. business to come before the Senate, I ice that when he entered boot camp, he Mr. FRIST. Mr. President, this cir- ask that the Senate stand in adjourn- broke down a rifle faster than his drill sergeant. The drill sergeant didn’t like that! cuit court nomination was reported ment under the previous order, fol- Jeremy made the military his career, unanimously out of the Judiciary Com- lowing the remarks of Senator DEWINE. and he gave it his all. He was serving mittee. I do not believe there is any The PRESIDING OFFICER. Without his third tour of duty in Iraq when he controversy with this nomination. I objection, it is so ordered. died. SGT John McLemore was a friend hope we could vitiate this cloture mo- The Senator from Ohio is recognized. tion and proceed to an up-or-down vote of Jeremy’s who served with him in f during tomorrow’s session. In the Iraq. This is what John had to say meantime, I have filed cloture to en- HONORING OUR ARMED FORCES about Jeremy’s service overseas: sure a vote this week on this circuit He was an uncompromising legend. We live SERGEANT JEREMY E. MURRAY in a world today where people compromise court nominee. Mr. DEWINE. Mr. President, I rise for their own comfort and give in just to ac- f today to honor the Marine SGT Jeremy commodate other people. My friend Jeremy didn’t do that. When we were in Iraq, he was LEGISLATIVE SESSION E. Murray, from Atwater, OH. On No- vember 16, 2005, Sergeant Murray was by far the most competent leader for our section. He didn’t hesitate to take the lead, and Mr. FRIST. I now ask that we resume killed when a roadside bomb hit his legislative session. he definitely went out there and put himself military vehicle in Iraq. He is survived directly in the line of fire on every patrol. The PRESIDING OFFICER. Without by his wife Megan and his young son, . . . He knew what he had to do, and he got objection, it is so ordered. Ian. Twenty-eight-year-old Sergeant out there and did it. That’s what makes him f Murray was also the devoted son of a legend. He’ll be remembered forever. Harold and Pam Murray, and the Indeed, Jeremy served his country ORDERS FOR THURSDAY, brother of Lisa Murray. with heroic bravery. His leadership has DECEMBER 7, 2006 Jeremy lived a life that was a model earned him more awards than I could Mr. FRIST. I ask unanimous consent of commitment and bravery. At the name here, but they include the Purple that when the Senate completes its time of his death, Jeremy was serving Heart, a Navy and Marine Corps business today, it stand in adjourn- his third tour of duty in Iraq. But be- Achievement Medal with a Gold Star ment until 9:30 a.m. on Thursday, De- fore leaving, this is what he told his fa- for heroic achievement. cember 7. I further ask that following ther Harold: But Jeremy was much more than a the prayer and pledge, the morning If I don’t come home, Dad, you know I died dedicated marine. He was also a de- hour be deemed expired, the Journal of proudly. I died for what I wanted to do. This voted husband, father, son, and broth- proceedings be approved to date, the is my lifetime dream. er, who loved his family deeply. His 10-

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.155 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11397 year-old niece Torey showed her love son who was always offering to help his over something like that? I don’t think you by writing Jeremy the following in a fellow students and the school faculty. ever do. letter, ‘‘I know he’s a hero in my heart. This is what he said about him: Vince spoke the following words at I will always miss you.’’ And his sister Jeremy’s positive outlook was evident in Jeremy’s funeral: Lisa wrote: Jeremy was my hero all my all he did. If Jeremy was sitting on the Jeremy would say how cool it would be to life. I looked up to him my whole life bench, he wasn’t pouting. He was cheering on grow up together, to go to school together, and miss him greatly every day. his teammates and helping encourage them. join the Army, serve in Iraq together, and Jeremy’s wife Megan was simply his Jeremy graduated from high school then come back home together. What we soul mate. And his mother remembers in 2003, and soon after the National need to do right now is help each other be- that Jeremy’s son Ian could always Guard. By joining the military, he was cause I’m sure Jeremy is in Heaven right now probably racing Dale Earnhardt. make him laugh. Perhaps Jeremy’s following in family footsteps. His fa- love for his wife and son is best cap- ther, Mike, was an Air Force veteran, Jeremy Hodge was a true patriot. Al- tured in a picture that was displayed at and Jeremy had been born on an Air ways willing to be on the front lines, his funeral. In it, he could not stop gaz- Force Base in Japan. he displayed courage and tenacity. He ing at Ian, who was then a newborn, In Iraq, Jeremy’s mission was to pa- was also loved and deeply respected by and his wife Megan—not even to look trol the streets of Baghdad to find and all who knew him. More than 400 hun- at the camera. You can just see the destroy roadside bombs. According to dred family members, friends, and sol- deep devotion he felt for them. military officials, the lives of three diers attended his memorial service at Jeremy’s funeral was held at his old servicemen are saved by every bomb Rushsylvania Church of Christ. After high school on a Monday when it was rendered useless. Command Sergeant the funeral, more than 100 vehicles led already closed for the first day of hunt- Major Paul Trickett served with Jer- by a camouflage humvee proceeded ing season—fitting, considering emy in Iraq. He said that ‘‘by my through the village to the Rushsyl- Jeremy’s great love for the outdoors. count, Jeremy saved the lives of 225 vania Cemetery. Along with her class, his niece Torey other soldiers. He put himself in the Three vehicles from the front, decorated the cafeteria and auditorium line of danger to save others. To me, Jeremy’s father drove his son’s 1999 with colored flags and yellow ribbons. that’s a hero.’’ Dodge Ram 1500 four-wheel drive pick- On that day, Jeremy’s dad took time to At Jeremy’s funeral, Sergeant Major up truck. It was adorned with both a watch the tree line of the woods he had Trickett also spoke proudly of serving U.S. flag and a flag for NASCAR driver once scouted with Jeremy. He said: with Jeremy, and of the young soldier’s Mark Martin. Jeremy will always be remembered I told my wife if any deer came up, I would bravery: as an all-American boy who loved four- pull up a chair beside him and watch it. Jer- He volunteered to lead. He wanted to emy would have liked that. lead—he wanted to be out front. Without wheeling, motorcycles, hunting and Jeremy’s dad presided over his son’s hesitation, he took on the challenge to pro- fishing, watching NASCAR and rooting funeral. In his eulogy, he remembered tect his brothers in arms. for Mark Martin. He dearly loved his both Jeremy’s strong faith and his love Jeremy’s service to our Nation did family and made his parents, family, of the outdoors. He said: not go unnoticed. A Specialist at the and community very proud. He had a big heart was tremendously dedicated I know right now, as he’s standing at the time of his death, the Army honored right hand of God, he’s looking down on his him with a posthumous promotion to to his family, friends, and country. grandfather and me because today is the Sergeant. Jeremy’s bravery also earned My wife Fran and I will continue to first day of hunting season, and we’re not him the Purple Heart, the Bronze Star, keep Jeremy’s father Mike; his mother out. He’s gonna give me heck for that next and the Ohio Distinguished Service and step-father Michelle and Steve time I see him. Medal. Norris, and his sisters Alyssa, Nicole, Jeremy was a young husband and fa- ‘‘He was a fighter, all right,’’ and Denise in our thoughts and in our ther with a bright future ahead of him. Jeremy’s father said. ‘‘Whatever he prayers. He was a shining example of not only a did, he did full bore—non-stop since al- PRIVATE FIRST CLASS ADAM JOHNSON marine but also of a human being. He most the day he was born.’’ Mr. President, I rise today to pay will always be remembered. Jeremy was a young man with a tribute to a fallen soldier—Army PFC My wife Fran and I continue to keep bright future before him. He had hoped Adam Robert Johnson. Private First the family of SGT Jeremy Murray in to go to college and play football again Class Johnson, from Clayton, OH, died our thoughts and prayers. after serving in Iraq. He also had on October 31, 2005, when a roadside SERGEANT JEREMY M. HODGE dreams of one day becoming a NASCAR bomb detonated near his military vehi- Mr. President, I rise today to pay driver. cle in Iraq. Three other members of his tribute to a fallen hero, Army SGT Jer- Scott Gillfillan was Jeremy’s high unit—the 101st Airborne—also lost emy Michael Hodge from Rushsylvania, school baseball coach, and his son their lives that day. Private First Class OH. On October 5, 2005, Sergeant Hodge Vince grew up alongside Jeremy. Scott Johnson was 22 years old and had been died in Iraq in a suicide bomber attack. remembers that Jeremy was a ‘‘well- in Iraq for just 5 weeks. He was just 20 years old. liked kid who didn’t have a bad bone in A.J.—as he was known to family and As a member of the National Guard, his body. He had the biggest heart friends—was an outgoing and opti- Jeremy was an unselfish, hardworking you’d want to know.’’ mistic young man, who always had a leader, whose life exemplified the val- Living only 7 miles apart, Jeremy smile on his face. His positive attitude ues of honor and duty. On dangerous and Vince played sports together and and love for others will be missed by missions, he was always the one want- grew as close as brothers. Scott all who knew him. ing to take the lead. Growing up in coached them both in baseball and re- Growing up, A.J. loved nothing more Rushsylvania—a small Ohio village of members that they never came than playing soccer. It was his passion. 530 residents—Jeremy became known straight home after practice. He said, He became a star player for Northmont as a young man who would drop what- ‘‘They’d stay over at the field, going at High School’s varsity team. As a sen- ever he was doing to help with commu- it over and over until they got it right. ior, his hard work and dedication nity tasks, like setting up for events at That’s what Jeremy was about.’’ earned him the starting goalkeeper po- the school gym. Vince graduated from high school sition. He had an extraordinarily suc- A sports enthusiast, he became a and enlisted in the Army just one year cessful season. Not only was he se- member of the baseball, football, and before Jeremy did. And on the day Jer- lected as the Goalie of the Year for the track-and-field teams at Ridgemont emy died, Vince was only one vehicle Greater Miami Valley Conference, but High School. A well-rounded student behind him in the convoy. As Scott he was also selected as the overall with many talents, he was also a mem- said: Player of the Year. A.J. was also hon- ber of the school choir and performed There they were, together, in the same ored as a student-athlete when he was in musicals. unit, in the same convoy. Now, we’re just selected as a first-team pick on the Principal Chad Cunningham remem- trying to work through this together. They Miami Valley Scholastic Soccer Coach- bers that Jeremy was the type of per- were practically brothers. How do you get es Association All-Dayton North Team.

VerDate Aug 31 2005 02:58 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.156 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11398 CONGRESSIONAL RECORD — SENATE December 6, 2006 A.J. enjoyed sharing his passion for and I know we will all see him again. He about Joey: ‘‘If you had a problem, he soccer with others. After graduating brought out the best in everyone, and he was always there for you. He was very from Northmont in 2001, he volunteered loved with all his heart. I wish I could be at brave, and I’m proud that he was my as an assistant coach for the next two least half the person he was. I will never for- best friend.’’ Joey used to tell Cody get him, and he will always be in my heart. years, helping the players who came that he wanted to be a lawyer so that after him become better athletes and A.J.’s high school observed a school- he could help his friends get out of team members. wide moment of silence to honor his trouble in the future. A.J. is deeply missed by those who memory. Robin Spiller, the district’s Joey was very close to his grand- knew him through soccer. Mark Spirk, athletic director and an assistant prin- mother Mary. One of her favorite Northmont’s head coach, watched A.J. cipal at the high school, had A.J.’s memories of Joey is how she would grow up playing soccer. He remembers name added to a memorial outside the joke with her grandson about how how much A.J. enjoyed working with high school stadium. It is a memorial much time he spent in the bathroom, others. ‘‘He had helped out every year honoring all of the community’s fallen making sure he looked ‘‘just so.’’ She at our Northmont soccer camp, work- servicemembers from past wars. ‘‘It’s remembers his polite and easy-going ing with the younger kids,’’ he recalls. impacted us all.’’ she said. nature—and his cooking talents. ‘‘He worked hard at that just like he I would like to conclude my remarks When Joey decided to enlist after had as a player.’’ with the words of A.J.’s former room- high school, it did not surprise anyone. When A.J. joined the Army, he mate, Bryan, from Englewood, OH. After all, he had made his intentions brought with him that same dedication This is what he said: known since he was a little boy. High and work ethic that had made him a Adam—we all miss you dearly. You’re the school classmates recall that while star soccer player. Joining the Army truest American Hero. Thank you and all the watching coverage of Operation Iraqi was something he had always dreamed soldiers who have paid ‘‘the ultimate price’’ Freedom at school, Joey would tell of doing. He enlisted without telling for our freedom. You will live forever in the them that he couldn’t wait to fight for hearts and minds of all of your friends. We his country. his parents. Afterward, he told his fa- all have lots of great stories to tell to re- ther Randy Johnson that this was what Joey loved being a marine—some- member you by . . . and we will never forget. thing his grandmother quickly noticed: he had always wanted to do. ‘‘He didn’t Indeed, we will never forget Army want me to talk him out of it,’’ Randy ‘‘The Marines were his life,’’ she said. PFC Adam Johnson. He was a good sol- ‘‘If you didn’t know any better, you’d said. ‘‘He said it was something he al- dier and a young man who exemplified ways wanted to do.’’ Randy said he was think he’d been in the Marines for 30 or a great spirit of caring and sacrifice. 40 years. That’s how devoted he was.’’ proud of his son, who was always smil- My wife Fran and I keep his parents Joey was, indeed, a devoted marine, ing and showing a positive attitude. Randy and Fran, his brothers Matthew, and he did not shy away from serving A.J.’s mother Fran recalls that ‘‘we Brad, and Ryan, and his grandparents in Iraq. His Aunt Susan remembers a all supported Adam’s decision, even Robert and Lois Marcus in our phone conversation she had with her though, especially for me, it was very, thoughts and prayers. nephew before he left. Joey told her: very hard to do. I am proud of the man I know it’s not easy. I know I might not he became.’’ LANCE CORPORAL JOSEPH NICE Mr. President, I rise today to honor a make it back. But, I want to do this for you, After joining the Army, A.J. was sta- our family, and our country. tioned at Fort Campbell in Kentucky. young man who lost his life in service of our Nation. LCpl Joseph Nice, from Joey wanted to make his family He was deployed to Iraq in September proud—and he did. His grandmother de- 2005. He carried his positive spirit with Newark, OH, was killed by enemy fire during Operation Iraqi Freedom. He scribed the feeling she got whenever him into the Army. According to a ser- she saw her grandson—it made her geant who was his team leader in Iraq, was serving in the 3rd Battalion, 7th Marines, 1st Division, Expeditionary chest swell ‘‘200 miles.’’ A.J. fit right in ‘‘with his easygoing Joey was stationed near Baghdad, Force, Marines Air Corps Ground Com- personality, sense of humor, and never- and although he was on the other side bat division at Twenty-nine Palms, CA. quit attitude.’’ of the world, he made sure to keep in He was 19 years old. The members of A.J.’s community touch with his family at home. He In the pursuit of his dream and in the have rallied around his family. Five called his grandfather, Lloyd Nice, Jr., footsteps of his relatives, Joseph Nice hundred mourners attended his funeral to tell him how happy he was to have carved out a path for himself while at the Salem Church of God, and the qualified for the military law program. serving the country he loved. Left to procession from the church to the cem- Joey also made sure to call his grand- etery stretched a mile long. Along the cherish his memory are his father mother every few weeks, and the two way, an elementary school class and its Lloyd Nice III, his mother Marilyn were making plans for his return home. teacher stood quietly to pay their si- Nice, his five sisters, his two brothers, Joey couldn’t wait to buy a car and lent respect, and cars pulled over. his grandparents, and his aunts and un- have a belated birthday celebration. Some motorists got out and covered cles. Tragically, Joey did not celebrate his their hearts. Today, we remember Joseph Nice— birthday with his family. He was killed Army BG John R. Bartley spoke at who was know as ‘‘Joey’’ to his family by an enemy sniper on August 4, 2004, A.J.’s funeral, saying that the young and friends. Joey was born in Newark in Al Anbar Province, Iraq. soldier was an American hero who un- on April 6, 1985. As a young boy, he was At the memorial service held in his derstood the meaning of duty, honor, interested in football, soccer, baseball, honor, friends and family remembered and country. ‘‘All of us in uniform cars, and the military. As a young boy, Joey as a patriot—a man who put his share your sorrow,’’ he said. ‘‘We, too, Joey loved to ask his grandfather country ahead of himself. They remem- are grieving.’’ about his own service in the Marines. bered that he was quick to smile and Displayed at A.J.’s funeral, in a From a very early age, Joey was inter- eager to raise the spirits of all those wooden box before his flag-draped cof- ested in serving his country. around him. They remembered a young fin, were the ribbons and medals he had In 1998, Joey and his five siblings man full of love for his family and for earned. They included a Combat Infan- moved to Oklahoma for a time. There, his country. As Reverend Robert Knox try Badge, a Bronze Star, and a Purple Joey attended Choctaw High School, said so well at a ceremony for Joey at Heart. where he was well liked and involved in the American Legion Post 85, ‘‘A lot of Indeed, A.J. is missed by his entire many activities. He was a straight-A people say they believe in our Nation. community. Abbie Harrison, who— student, worked in the school library, This man proved he did.’’ along with her parents, Doug and The- played saxophone in the band, and LCpl Joseph Nice was an extraor- resa, and her sister Natalie—were like taught himself the drums. He played on dinary marine, but more than that, he a ‘‘second family’’ to A.J. Abbie wrote the soccer team and loved to draw was an extraordinary person. Though the following in his memory on an landscapes. he is truly missed, I know that Joey Internet tribute Web site: Joey was also known as a great will live on in the hearts and minds of A.J. was my best friend. We shared so friend. Teammate and fellow band all those who had the privilege of many happy memories. I miss him so much, member Cody Largent had this to say knowing him.

VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.157 S06DEPT2 ccoleman on PROD1PC68 with SENATE December 6, 2006 CONGRESSIONAL RECORD — SENATE S11399 My wife Fran and I continue to keep thing he did. According to his family, To anyone who would ever hear the half of the family of Marine LCpl Joseph Nice he knew and appreciated the risks of it, our time together over years long gone in our thoughts and prayers. his job. If the worst should happen, he sounds like a giant roll call of the idylls of youth: scouting, fishing, swimming, biking, MASTER SERGEANT JOSEPH J. ANDRES, JR. told them, he wanted to be buried at the autumn football games, camping at the Mr. President, I rise today to pay Arlington National Cemetery, which, lake, our first band, that double-date to the tribute to Army MSG Joseph J. An- indeed, became his final resting place. ice cream stand, mopeds, skateboarding, dres, Jr., of Seven Hills, OH. On Decem- Joe’s bravery and dedication to the shooting rifles, exploring the woods, riding ber 24, 2005, Master Sergeant Andres Army have been recognized with nu- in the Triumph Spitfire, wandering out was wounded when his Special Oper- merous awards, including the Bronze among the Erie islands. ations Unit came under small arms fire Star, a Meritorious Service Medal, and But today, what I remember most is one in Iraq. He died later that day. He was an Army Commendation Medal. He was brief moment on our eighth grade field trip to Washington, where you stood next to me 34 years old. also posthumously promoted to the rank of master sergeant. at Arlington. We paid our respects and Joe, as he was known by family and thought of the long glory of the nation and friends, was a selfless man, deeply de- Joe’s family was making prepara- for just a moment everything was quiet. In voted to his family, friends, and com- tions for his return when he died. His my heart, I stand by you there again, but munity. Joe was always there for sister Sharon says that he had spoken you are suddenly a whole lot taller, and I am someone who needed him, whether it to their mother just a few days before looking up to you. was to talk over the big issues of life or his death. ‘‘She told him she was pray- I salute you, pal. simply to fix a friend’s computer. ing for him,’’ Sharon remembers. Joe Andres was an exceptional sol- Joe’s generosity was truly excep- Although it was expected that Joe dier and an exceptional human being— tional and rare. Once, shortly after would return to Iraq, he was scheduled someone who knew the importance of buying his first house, he insisted that to be home for New Year’s Eve 2005. both service and generosity. He will a comrade’s family stay there while Plans were being made to celebrate in never be forgotten. closing on their own home. According Cleveland’s Warehouse District and to He is survived by his parents Joseph to Joe, it was they who would be doing attend a Cleveland Brown’s game the and Sandra and by his five sisters him a favor. This is simply the kind of following day. And almost daily, Joe Deborah, Pamela, Christine, Maureen, man Joe was—he always wanted to was e-mailing his best friend Chuck and Sharon. My wife Fran and I con- lend a hand to those who needed it. Carlin, making plans for what they tinue to keep his family and his friends Joe grew up surrounded by family would do over the holidays. in our thoughts and in our prayers. and friends. He was the only boy in a Tragically, these plans were never re- SERGEANT LARRY R. KUHNS, JR. family with five sisters. He liked being alized. The Christmas decorations were Mr. President, this evening, I rise to outdoors, fishing with friends and already up, but new ones were then honor Army SGT Larry R. Kuhns, Jr., riding his dirt bike through the woods. added. Six small American flags joined from Austintown, OH. On June 13, 2005, His father, Joseph, Sr., said that his the manger scene, the snowman, and a Sergeant Kuhns died when his military son was ‘‘adventurous,’’ but also re- Merry Christmas sign. And other vehicle came under a grenade attack sponsible. Joe rode dirt bikes, houses throughout the Seven Hills during combat operations in Iraq. He skateboarded, and snowboarded, but he community displayed flags and red was 24 years of age at the time. was also on the honor roll, played bows honoring Joe’s memory. Born on April 9, 1981, Larry grew up drums in the symphony orchestra, Joe was a young man who was deeply an avid fan of the Cleveland Browns wrestled, and ran track. He was fun- connected to his church and commu- and was a lover of the outdoors. His fa- loving but also hard working. nity. Before his burial at Arlington, a Tim Vojta had been a friend of Joe’s memorial mass was held in his honor ther Larry, Sr., remembers him as a since third grade and ran track with at St. Columbkille Roman Catholic big, rambunctious boy, who was patri- him at Padua Franciscan High School. Church. An unofficial honor guard of otic and adventurous—the type of per- Tim remembers his friend’s strong school children lined a street as the son who was always looking for new work ethic. He said that Joe ‘‘wasn’t procession drove past. ways to challenge himself. And in the the fastest guy on the team, but he was During the ceremony, family and Army, Larry always found new chal- the one who worked hard and was real- friends fondly recalled Joe’s playful lenges. ly dedicated.’’ According to Tim, Joe side. They remembered that he loved After graduating from Fitch High displayed a capacity for commitment cartoons, fluffy towels, hot tubs, and School, Larry worked driving a trac- and enthusiasm as a child that fol- hot sauce. They remembered that Joe tor-trailer truck before joining the lowed him throughout life. would bring his laundry home when on Army Reserves, where he became a It was these qualities of commitment leave and would call ahead to make heavy equipment operator. While in and enthusiasm that made Joe such an sure that his favorite takeout sandwich the Reserves, Larry also worked at an excellent serviceman. After graduating was waiting for him. Army recruiting office in Boardman, from high school in 1989, he studied Family and friends also paid tribute OH, during late 2003. SFC Anthony materials engineering at the Univer- to Joe’s love for and dedication to his Catrucco, who worked at the recruiting sity of Cincinnati for 2 years before de- country. ‘‘He was the best of the best,’’ office with Larry, said this about him: ciding that he had another calling in declared his sister Pamela. ‘‘He really It’s a sad moment every time we hear life. For Joe, that meant serving his believed in what he did,’’ said his sister something like this. [Larry] knew what he country in the Army. According to his Debbi. And sister Maureen added, ‘‘Re- was getting into. He accepted it, and he was proud to serve his country. father, ‘‘Joe decided he didn’t want to flect and remember why men like my spend his life behind a desk.’’ brother serve this great country with Larry enlisted for active duty with Joe enlisted in the Army Reserve as such passion and conviction.’’ the Army in February 2004. According a combat medic in February 1992. The Joe made friends easily—and then to his father, Larry enjoyed serving in following April, he volunteered for ac- kept those friends for his whole life. the military so very much. In his dad’s tive duty, eventually serving as a His Internet tribute pages are filled words: medic and medical noncommissioned with messages from those who knew [Larry] was a very dedicated soldier. All he officer at Fort Bliss, Texas, and in Ger- him from as far back as elementary thought about was the Army. He wanted to many. When he died, Joe was serving school. All of these messages are in- make it his life. with the U.S. Army Special Operations credibly moving. They speak of Joe’s By joining the Army, Larry was also Command, based in Fort Bragg, NC. bravery, his dedication, and the simple carrying forward his family’s long tra- One of the most remarkable things way in which he could make anything dition of military service. Larry’s about Joe was his simple bravery. He fun. There is one message, in par- grandfather had served in World War shrugged off the dangers of his job, ticular, that I would like to share II, and his great-grandfather had often telling strangers that he was a today. A childhood friend, Michael served in World War I. But, the family greeter at Wal-Mart. But Joe also knew Stutz, wrote the following in a message history went back even further— there was nothing funny about any- addressed to Joe: Larry’s great-great grandfather fought

VerDate Aug 31 2005 02:58 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G06DE6.158 S06DEPT2 ccoleman on PROD1PC68 with SENATE S11400 CONGRESSIONAL RECORD — SENATE December 6, 2006 in the Civil War. As Larry’s grand- in the Army and serving his country. I re- quirkiest person. . . . She really knew mother Norma said, ‘‘We were very member how much fun we all had that night, how to cut loose,’’ Ashley said. ‘‘We’d proud of him.’’ and seeing him laughing and just being good go dancing and she’d make up these Larry, himself, took great pride in ol’ Larry. That’s how I will always remember really crazy dances. There was one she Larry—my cousin, my friend. his military service. He joined the [He was] a great guy, with a great smile called the ‘Pepper Grinder’ and [one Army and simply loved what he was and a beautiful heart. When I think of him, she called] the ‘Lawn Mower.’ She was doing. His father remembers talking to I think of him as he was that night—happy, very hard not to love.’’ his son at Christmas 2004, and even smiling, laughing. Ashley also said that Alecia was ex- though Larry had shrapnel in his Indeed, Larry is missed by everyone tremely devoted to her family, espe- shoulder at the time, he was still posi- who knew and loved him. Family mem- cially her 2-year-old daughter Tabatha. tive and remained proud of what he bers always fondly remember Larry the Alecia wished the absolute best for her was doing in Iraq. sports lover, Larry the outdoorsman, family,’’ Ashley said. She wanted her When Larry died, he was a 7-year vet- and Larry the devoted husband, father, little girl to grow up in a world that eran, who was serving his second tour and son. They will never forget him. As was safe and a world that was free. in Iraq and had been recently promoted his father said, ‘‘I know the Army Friends, family, and comrades recall to sergeant. SFC Herb Campbell re- didn’t make a mistake, but I still keep Alecia’s passion for living. But, they members the dedication with which thinking the phone will ring and I’ll also recognize her dedication and per- Larry served his country. He wrote the hear him say, ‘Hey, old man.’’’ severance. U.S. Air Force Chaplain following in Larry’s memory on an Army SGT Larry Kuhns lived a life MAJ Donald Hoffman noted how Alecia Internet tribute Web site: that was a model of service and dedica- enlisted in the Air Force exactly 1 I was there as [Larry’s] recruiter when he tion. He was devoted to his family, his month to the day after the September joined, and he could not have been prouder fellow soldiers, and his Nation. As a 11 attacks. ‘‘By her mother’s own to serve his country. I will never forget soldier, he served with conviction and words, she was not afraid,’’ Hoffman Larry as we formed a close bond—as soldiers honor. My wife Fran and I will con- said. and friends. He had the biggest heart, the Pastor Bruce Gallaher said that peo- greatest sense of humor, but was ultimately tinue to keep his family in our dedicated to what he believed in, serving his thoughts and in our prayers. ple should remember Alecia’s spirit country. Mr. President, I have one final trib- and make the most of their own lives. And, SPC Eric Rodman wrote this, as ute tonight and appreciate the Chair’s ‘‘She looked at life adventurously and well on the Web site, in remembrance generosity and time. wanted to live passionately,’’ Galla- of his friend: SENIOR AIRMAN ALECIA S. GOOD gher said. The energy and spirit that drove Alecia Good shall remain an in- I served with Sergeant Kuhns in the same Mr. President, I rise today to honor platoon in Ramadi, Iraq. It was hard for me the life of Air Force Senior Amn Alecia spiration to many long after her death. to deal with the loss. He was like a brother Sabrina Good. Alecia was assigned to We owe it to Alecia to celebrate her to me. I miss him so much. the 92nd Communications Squadron, life. Not only was Larry Kuhns a dedi- Fairchild Air Force Base in the State I would like to conclude my remarks cated soldier, he was a devoted son, of Washington. On February 17, 2006, with a message that was posted on an husband, and father. He loved his wife Alecia lost her life from injuries sus- Internet tribute website in honor of Courtney and their daughter Mac- tained in a helicopter collision while Alecia. A man named Leo Titus of kenzie more than anything else in the on assignment in the Gulf of Aden off Grayslake, Illnois—someone who never world. According to his dad, Larry the coast of Djibouti, Africa. She was met Alecia or her family—recognized thought and talked constantly about 23 years old. her service and bravery. He wrote the his family. Mackenzie was always up- She is survived by her 2-year-old following eloquent words: permost in his mind. As Larry, Sr., daughter Tabatha, her twin sister Ash- Thank you Alecia Good. You will not be said, ‘‘That little girl was his pride and ley, her brother Paul, and her parents, forgotten. Your bravery goes beyond words. I joy.’’ Paul and Claire. want to express my deepest gratitude for Larry’s devotion to his family was Alecia grew up in Ohio and joined the your sacrifice. To [your] family and friends, Air Force 1 month after the September [I send] my prayers and deep condolences in also clear to his comrades in Iraq, who your loss. May God strengthen you from saw everyday the love he had for his 11 terrorist attacks. After basic train- knowing that fellow Americans and people wife and daughter. His room in Iraq ing and technical school, she was as- around the world care about you and grieve was simply plastered with pictures of signed to Fairchild’s 92nd Communica- with you in your loss. God bless you all. his family—most of them featuring tions Squadron as a tactical radio oper- This message is signed simply—‘‘A Mackenzie and Courtney. PFC Jason ator and maintainer. very appreciative fellow American.’’ McCully, who served with Larry in In early February, Alecia was de- Airman Good was buried with full Iraq, remembers how excited his friend ployed to the Combined Joint Task military honors in Dixon, CA, on Feb- was whenever he heard from those he Force Horn of Africa mission, sup- ruary 28, 2006. My wife Fran and I con- loved and how he shared that excite- porting Operation Enduring Freedom. tinue to keep her family and friends in ment with his fellow soldiers. Private The Combined Joint Task Force Horn our thoughts and in our prayers. First Class McCully said that ‘‘every of Africa was set up in Djibouti in 2002 I thank the Chair and the staff and time [Larry] received a letter from and is responsible for fighting ter- yield the floor. rorism in eight African countries and home, everybody knew about it.’’ f Even while serving in Iraq, Larry’s in Yemen. family came first to him. The day be- Alecia was flying her first training ADJOURNMENT UNTIL 9:30 fore he died, he talked to his grand- mission when she was killed in the hel- TOMORROW mother Norma. She recalls that the icopter crash. The training mission in- The PRESIDING OFFICER. Under only thing Larry wanted to talk about volved two Marine transport heli- the previous order, the Senate stands was those he loved. ‘‘He didn’t talk copters in the Aden Sea. Alecia was on adjourned until 9:30 a.m. on Thursday, much about the war,’’ she remembers. board the helicopter to provide sat- December 7, 2006. ‘‘He talked about family.’’ ellite communication back to the Joint Thereupon, the Senate, at 9:30 p.m., To Larry’s cousins, he was like a Operations Center at Camp Lemonier. adjourned until Thursday, December 7, brother. His cousin Jennifer Myers re- Alecia’s death has been felt by many. 2006, at 9:30 a.m. She was a devoted, compassionate, and members both his strong belief in serv- f ice and his wonderful sense of humor. vivacious young woman, and possessed NOMINATIONS She wrote the following in tribute to all the qualities that make a service- her beloved cousin: member exceptional. Executive nominations received by The last time I saw Larry, he was home be- Alecia’s twin sister Ashley described the Senate December 6, 2006: tween assignments in Iraq, and a big group her sister as a vibrant, outgoing, young DEPARTMENT OF DEFENSE woman, who was full of fun and lived of us all went out. I remember how proud he MICHAEL J. BURNS, OF NEW MEXICO, TO BE ASSISTANT was of his service, how much he loved being life to the fullest. ‘‘She was the silliest, TO THE SECRETARY OF DEFENSE FOR NUCLEAR AND

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VerDate Aug 31 2005 01:09 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 9801 E:\CR\FM\A06DE6.070 S06DEPT2 ccoleman on PROD1PC68 with SENATE Wednesday, December 6, 2006 Daily Digest

HIGHLIGHTS: Senate confirmed the nomination of Robert M. Gates, of Texas, to be Secretary of Defense. Senate Frist (for Enzi) Amendment No. 5219, in the na- Chamber Action ture of a substitute. Page S11375 Routine Proceedings, pages S11375–S11401 Sgt. First Class Robert Lee ‘Bobby’ Hollar, Jr. Measures Introduced: Sixteen bills and two resolu- Post Office Building: Committee on Homeland Se- tions were introduced, as follows: S. 4083–4098, and curity and Governmental Affairs was discharged S. Res. 624–625. Page S11325 from further consideration of S. 4050, to designate Measures Reported: the facility of the United States Postal Service lo- Report to accompany S. 2803, to amend the Fed- cated at 103 East Thompson Street in Thomaston, eral Mine Safety and Health Act of 1977 to improve Georgia, as the ‘‘Sergeant First Class Robert Lee the safety of mines and mining. (S. Rept. No. ‘Bobby’ Hollar, Jr. Post Office Building’’, and the 109–365) bill was then passed. Page S11376 Report to accompany S. 3570, to amend the Tito Puente Post Office Building: Committee on Older Americans Act of 1965 to authorize appro- Homeland Security and Governmental Affairs was priations for fiscal years 2007 through 2011. (S. discharged from further consideration of H.R. 1472, Rept. No. 109–366) Page S11324 to designate the facility of the United States Postal Measures Passed: Service located at 167 East 124th Street in New HIV/AIDS Program: Committee on Health, Edu- York, New York, as the ‘‘Tito Puente Post Office cation, Labor, and Pensions was discharged from fur- Building’’, and the measure was then passed, clear- ther consideration of H.R. 6143, to amend title ing the measure for the President. Page S11376 XXVI of the Public Health Service Act to revise and Dr. Robert E. Price Post Office Building: Com- extend the program for providing lifesaving care for mittee on Homeland Security and Governmental Af- those with HIV/AIDS, and the bill was then passed, fairs was discharged from further consideration of after agreeing to the following amendment: H.R. 4246, to designate the facility of the United Pages S11240–43 States Postal Service located at 8135 Forest Lane in Ensign (for Enzi/Kennedy) Amendment No. 5212, Dallas, Texas, as the ‘‘Dr. Robert E. Price Post Of- in the nature of a substitute. Pages S11242–43 fice Building’’, and the bill was then passed, clearing Sojourner Truth Bust: Committee on Rules and the measure for the President. Page S11376 Administration was discharged from further consid- Beverly J. Wilson Post Office Building: Com- eration of H.R. 4510, to direct the Joint Committee mittee on Homeland Security and Governmental Af- on the Library to accept the donation of a bust de- fairs was discharged from further consideration of picting Sojourner Truth and to display the bust in H.R. 4720, to designate the facility of the United a suitable location in the Capitol, and the bill was States Postal Service located at 200 Gateway Drive then passed, clearing the measure for the President. in Lincoln, California, as the ‘‘Beverly J. Wilson Post Page S11243 Office Building’’, and the bill was then passed, clear- Sober Truth on Preventing Underage Drinking ing the measure for the President. Page S11376 Act: Senate passed H.R. 864, to provide for pro- Lance Corporal Robert A. Martinez Post Office grams and activities with respect to the prevention Building:Committee on Homeland Security and of underage drinking, after taking action on the fol- Governmental Affairs was discharged from further lowing amendment proposed thereto: Pages S11375–76 consideration of H.R. 5108, to designate the facility D1132

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of the United States Postal Service located at 1213 Fortenberry Post Office Building’’, and the bill was East Houston Street in Cleveland, Texas, as the then passed, clearing the measure for the President. ‘‘Lance Corporal Robert A. Martinez Post Office Page S11376 Building’’, and the bill was then passed, clearing the Captain Christopher Petty Post Office Building: measure for the President. Page S11376 Committee on Homeland Security and Governmental Vincent J. Whibbs, Sr. Post Office Building: Affairs was discharged from further consideration of Committee on Homeland Security and Governmental H.R. 6102, to designate the facility of the United Affairs was discharged from further consideration of States Postal Service located at 200 Lawyers Road, H.R. 5736, to designate the facility of the United NW in Vienna, Virginia, as the ‘‘Captain Chris- States Postal Service located at 101 Palafox Place in topher Petty Post Office Building’’, and the bill was Pensacola, Florida, as the ‘‘Vincent J. Whibbs, Sr. then passed, clearing the measure for the President. Post Office Building’’, and the bill was then passed, Page S11376 clearing the measure for the President. Page S11376 Hamilton H. Judson Post Office: Committee on Morris K. ‘‘Mo’’ Udall Post Office Building: Homeland Security and Governmental Affairs was Committee on Homeland Security and Governmental discharged from further consideration of H.R. 6151, Affairs was discharged from further consideration of to designate the facility of the United States Postal H.R. 5857, to designate the facility of the United Service located at 216 Oak Street in Farmington, States Postal Service located at 1501 South Minnesota, as the ‘‘Hamilton H. Judson Post Of- Cherrybell Avenue in Tucson, Arizona, as the ‘‘Mor- fice’’, and the bill was then passed, clearing the ris K. ‘Mo’ Udall Post Office Building’’, and the bill measure for the President. Page S11376 was then passed, clearing the measure for the Presi- Dietary Supplement and Nonprescription Drug dent. Page S11376 Consumer Protection Act: Senate passed S. 3546, to Dr. Leonard Price Stavisky Post Of- amend the Federal Food, Drug, and Cosmetic Act fice:Committee on Homeland Security and Govern- with respect to serious adverse event reporting for mental Affairs was discharged from further consider- dietary supplements and nonprescription drugs, after ation of H.R. 5923, to designate the facility of the agreeing to the committee amendment in the nature United States Postal Service located at 29–50 Union of a substitute. Pages S11376–81 Street in Flushing, New York, as the ‘‘Dr. Leonard Utu Utu Gwaitu Paiute Tribe Land: Senate Price Stavisky Post Office’’, and the bill was then passed H.R. 854, to provide for certain lands to be passed, clearing the measure for the President. held in trust for the Utu Utu Gwaitu Paiute Tribe, Page S11376 clearing the measure for the President. Page S11381 John J. Sinde Post Office Building: Committee Water Resources Research Act Amendments: Sen- on Homeland Security and Governmental Affairs was ate passed H.R. 4588, to reauthorize grants for and discharged from further consideration of H.R. 5989, require applied water supply research regarding the to designate the facility of the United States Postal water resources research and technology institutes es- Service located at 10240 Roosevelt Road in West- tablished under the Water Resources Research Act of chester, Illinois, as the ‘John J. Sinde Post Office 1984, after agreeing to the following amendment: Building’, and the bill was then passed, clearing the Pages S11381–82 measure for the President. Page S11376 Frist (for Inhofe) Amendment No. 5213, to mod- Wallace W. Sykes Post Office Building: Com- ify provisions relating to scope of research, other ac- mittee on Homeland Security and Governmental Af- tivities, and cooperation and coordination. fairs was discharged from further consideration of Pages S11381–82 H.R. 5990, to designate the facility of the United Jefferson County, Colorado Land Use: Senate States Postal Service located at 415 South 5th Ave- passed S. 4092, to clarify certain land use in Jeffer- nue in Maywood, Illinois, as the ‘‘Wallace W. Sykes son County, Colorado. Page S11382 Post Office Building’’,and the bill was then passed, Farm Security and Rural Investment Act clearing the measure for the President. Page S11376 Amendment: Senate passed S. 4093, to amend the Chuck Fortenberry Post Office Build- Farm Security and Rural Investment Act of 2002 to ing:Committee on Homeland Security and Govern- extend a suspension of limitation on the period for mental Affairs was discharged from further consider- which certain borrowers are eligible for guaranteed ation of H.R. 6078, to designate the facility of the assistance. Page S11382 United States Postal Service located at 307 West Senate National Security Working Group Ex- Wheat Street in Woodville, Texas, as the ‘‘Chuck tension: Senate agreed to S. Res. 625, extending the

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Page S11385 Frist (for Inhofe) Amendment No. 5214, in the Aerospace Revitalization Task Force: Committee nature of a substitute. Page S11383 on Commerce, Science, and Transportation was dis- Pool and Spa Safety Act: Senate passed S. 3718, charged from further consideration of H.R. 758, to to increase the safety of swimming pools and spas by establish an interagency aerospace revitalization task requiring the use of proper anti-entrapment drain force to develop a national strategy for aerospace covers and pool and spa drainage systems, by estab- workforce recruitment, training, and cultivation, and lishing a swimming pool safety grant program ad- the bill was then passed, clearing the measure for the ministered by the Consumer Product Safety Com- President. Page S11386 mission to encourage States to improve their pool Nursing Relief for Disadvantaged Areas Reau- and spa safety laws and to educate the public about thorization Act: Committee on the Judiciary was pool and spa safety, after agreeing to the committee discharged from further consideration of H.R. 1285, amendment in the nature of a substitute. to extend for 3 years changes to requirements for ad- Pages S11383–84 mission of non-immigrant nurses in health profes- Iraq Reconstruction Accountability Act: Senate sional shortage areas made by the Nursing Relief for passed S. 4046, to extend oversight and account- Disadvantage Areas Act of 1999, and the bill was ability related to United States reconstruction funds then passed, clearing the measure for the President. and efforts in Iraq by extending the termination date Page S11386 of the Office of the Special Inspector General for Department of Justice Attorneys Travel Time: Iraq Reconstruction. Pages S11384–85 Committee on Homeland Security and Governmental Honoring William Wilberforce: Committee on Affairs was discharged from further consideration of the Judiciary was discharged from further consider- S. 1876, to provide that attorneys employed by the ation of S. Res. 613, honoring the life and work of Department of Justice shall be eligible for compen- William Wilberforce and commemorating the 200th satory time off for travel under section 5550b of title anniversary of the abolition of the slave trade in 5, United States Code, and the bill was then passed, Great Britain, and the resolution was then agreed to. after agreeing to the following amendment proposed Page S11385 thereto: Page S11386 National Purple Heart Hall of Honor: Com- Frist (for Akaka) Amendment No. 5216, to revise mittee on Armed Services was discharged from fur- the description of a certain citation. Page S11386 ther consideration of H. Con. Res. 419, recognizing and supporting the efforts of the State of New York Department of Justice Attorneys Travel Time: to develop the National Purple Heart Hall of Honor Committee on Homeland Security and Governmental in New Windsor, New York, and the resolution was Affairs was discharged from further consideration of then agreed to. Page S11385 H.R. 4057, to provide that attorneys employed by the Department of Justice shall be eligible for com- Recognizing American Council of Young Polit- pensatory time off for travel under section 5550b of ical Leaders: Committee on Foreign Relations was title 5, United States Code, and the bill was then discharged from further consideration of H. Con. passed, clearing the measure for the President. Res. 430, recognizing the accomplishments of the American Council of Young Political Leaders for Page S11386 providing 40 years of international exchange pro- Secure Access to Justice and Court Protection grams, increasing international dialogue, and enhanc- Act: Committee on the Judiciary was discharged ing global understanding, and commemorating its from further consideration of H.R. 1751, to amend 40th anniversary, and the resolution was then agreed title 18, United States Code, to protect judges, pros- to, after agreeing to the following amendment pro- ecutors, witnesses, victims, and their family mem- posed thereto: Page S11385 bers, and the bill was then passed, after agreeing to Frist Amendment No. 5215, to amend the pre- the following amendment proposed thereto: amble. Page S11385 Pages S11386–87

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Pages S11388–89 for the revitalization of Native American languages Living Resources of the High Seas Protection: through Native American language immersion pro- Committee on Foreign Relations was discharged grams, and the bill was then passed, clearing the from further consideration of S. Res. 610, expressing measure for the President. Page S11387 the sense of the Senate that the United States should promote the adoption of, and the United Nations Call Home Act: Committee on Commerce, should adopt, a resolution at its October meeting to Science, and Transportation was discharged from fur- protect the living resources of the high seas from de- ther consideration of S. 2653, to direct the Federal structive, illegal, unreported, and unregulated fish- Communications Commission to make efforts to re- ing practices, and the resolution was then agreed to. duce telephone rates for Armed Forces personnel de- Pages S11388–89 ployed overseas, and the bill was then passed, after agreeing to the following amendment proposed Consumer Assurance of Radiologic Excellence thereto: Page S11387 Act: Senate passed S. 2322, to amend the Public Frist (for Stevens) Amendment No. 5218, to en- Health Service Act to make the provision of technical services for medical imaging examinations and hance public safety. Page S11387 radiation therapy treatments safer, more accurate, Marine Mammal Protection Act Amendments and less costly, after agreeing to the committee Act: Committee on Commerce, Science, and Trans- amendment in the nature of a substitute. portation was discharged from further consideration Pages S11389–91 of H.R. 4075, to amend the Marine Mammal Pro- tection Act of 1972 in order to implement the National Integrated Drought Information Sys- Agreement on the Conservation and Management of tem Act: Committee on Commerce, Science, and Transportation was discharged from further consider- the Alaska-Chukotka Polar Bear Population, after ation of H.R. 5136, to establish a National Inte- agreeing to the following amendments proposed grated Drought Information System within the Na- thereto: Page S11387 tional Oceanic and Atmospheric Administration to Frist (for Stevens) Amendment No. 5220, in the improve drought monitoring and forecasting capa- nature of a substitute. Page S11387 bilities, and the bill was then passed, clearing the Frist (for Stevens) Amendment No. 5221, to measure for the President. Page S11391 amend the title. Military Construction/VA Appropriations—Con- Secretary of the Army Authority Extension: Sen- ferees: Senate insisted on its amendment to H.R. ate passed H.R. 6316, to extend through December 5385, making appropriations for Military Construc- 31, 2008, the authority of the Secretary of the Army tion and Veterans Affairs, and Related Agencies for to accept and expend funds contributed by non-Fed- the fiscal year ending September 30, 2007 (passed eral public entities to expedite the processing of per- the Senate on November 14, 2006), requested a con- mits, clearing the measure for the President. ference with the House thereon, and the Chair was Page S11387 authorized to appoint the following conferees on the Creating Opportunities for Minor League Pro- part of the Senate: Senators Hutchison, Burns, Craig, fessional, Entertainers, and Teams Through Legal DeWine, Brownback, Allard, McConnell, Cochran, Entry Act: Committee on the Judiciary was dis- Stevens, Feinstein, Inouye, Johnson, Landrieu, Byrd, charged from further consideration of S. 3821, to au- Murray, Leahy, and Harkin. Pages S11269–70 thorize certain athletes to be admitted temporarily Agriculture Appropriations—Vote Change: A into the United States to compete or perform in an unanimous-consent request was granted permitting athletic league, competition, or performance, and the Senator Stevens to change his yea vote to a nay vote bill was then passed, after agreeing to the following on Vote No. 271 on the motion to waive relative to amendment proposed thereto: Pages S11387–88 Conrad Amendment No. 5205, rejected on Tuesday, Frist (for Collins) Amendment No. 5223, in the December 5, 2006, to H.R. 5384, making appro- nature of a substitute. Page S11388 priations for Agriculture, Rural Development Food

VerDate Aug 31 2005 02:14 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06DE6.PT2 D06DEPT2 ccoleman on PROD1PC71 with DIGEST D1136 CONGRESSIONAL RECORD — DAILY DIGEST December 6, 2006 and Drug Administration, and Related Agencies for Homeland Security, which was sent to the Senate on the fiscal year ending September 30, 2007. September 5, 2006. Page S11401 Page S11274 Messages From the House: Pages S11321–22 Export-Import Bank Reauthorization House Measures Placed on Calendar: Page S11322 Message: Senate concurred in the amendment of the House to S. 3938, to reauthorize the Export-Import Executive Communications: Pages S11322–24 Bank of the United States, clearing the measure for Executive Reports of Committees: Pages S11324–25 the President. Pages S11391–96 Additional Cosponsors: Pages S11325–26 Nomination: Senate began consideration of the Statements on Introduced Bills/Resolutions: nomination of Kent A. Jordan, of Delaware, to be Pages S11326–49 United States Circuit Judge for the Third Circuit. Additional Statements: Pages S11320–21 Page S11396 A motion was entered to close further debate on Amendments Submitted: Pages S11349–72 the nomination, and, in accordance with the provi- Authorities for Committees to Meet: sions of rule XXII of the Standing Rules of the Sen- Pages S11372–73 ate, a vote on cloture may occur on Friday, Decem- Privileges of the Floor: Page S11372 ber 8, 2006. Page S11396 Record Votes: One record vote was taken today. Nomination Agreement: A unanimous-consent (Total—272) Pages S11292–93 agreement was reached providing for further consideration of the nomination of Andrew von Adjournment: Senate convened at 9:30 a.m., and Eschenbach, of Texas, to be Commissioner of Food adjourned at 9:30 p.m., until 9:30 a.m., on Thurs- and Drugs, Department of Health and Human Serv- day, December 7, 2006. (For Senate’s program, see ices, with 60 minutes of debate equally divided, fol- the remarks of the Majority Leader in today’s Record lowed by a vote on the motion to invoke cloture on on page S11396.) the nomination. Page S11396 Nomination Confirmed: Senate confirmed the fol- Committee Meetings lowing nomination: (Committees not listed did not meet) By 95 yeas 2 nays (Vote No. EX. 272), Robert M. Gates, of Texas, to be Secretary of Defense. NOMINATIONS Pages S11259–93, S11401 Committee on Agriculture, Nutrition, and Forestry: Com- Nominations Received: Senate received the fol- mittee concluded a hearing to examine the nomina- lowing nominations: tions of Leland A. Strom, of Illinois, to be a Member Michael J. Burns, of New Mexico, to be Assistant of the Farm Credit Administration Board, Farm to the Secretary of Defense for Nuclear and Chemical Credit Administration, Mark Everett Keenum, of and Biological Defense Programs. Mississippi, to be Under Secretary of Agriculture for Beryl A. Howell, of the District of Columbia, to Farm and Foreign Agricultural Services, and to be a be a Member of the United States Sentencing Com- Member of the Board of Directors of the Commodity mission for a term expiring October 31, 2011. Credit Corporation, who was introduced by Senator John R. Steer, of Virginia, to be a Member of the Cochran, and Jill E. Sommers, of Kansas, to be a United States Sentencing Commission for a term ex- Commissioner of the Commodity Futures Trading piring October 31, 2011. Commission, after the nominees testified and an- Rosemary E. Rodriguez, of Colorado, to be a swered questions in their own behalf. Member of the Election Assistance Commission for CLIMATE CHANGE the remainder of the term expiring December 12, Committee on Environment and Public Works: Com- 2007. Pages S11400–01 mittee concluded a hearing to examine issues relat- Nominations Withdrawn: Senate received notifica- ing to climate change and the media’s treatment of tion of withdrawal of the following nominations: the issue, after receiving testimony from David David H. Laufman, of Texas, to be Inspector Gen- Deming, University of Oklahoma, Norman; Daniel eral, Department of Defense, which was sent to the P. Schrag, Harvard University, Cambridge, Massa- Senate on June 5, 2006. chusetts; Robert M. Carter, James Cook University, Tracy A. Henke, of Missouri, to be Executive Di- Townsville, Australia; Naomi Oreskes, University of rector of the Office of State and Local Government California, San Diego; and Dan Gainor, Business and Coordination and Preparedness, Department of Media Institute, Alexandria, Virginia.

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NOMINATIONS the National Council of the Arts, and Dana Gioia, Committee on Environment and Public Works: Com- to be Chairperson of the National Endowment for mittee ordered favorably reported the nominations of the Arts, all of the National Foundation on the Arts Alex A. Beehler, of Maryland, to be Inspector Gen- and the Humanities, John Peyton, to be Member of eral, Environmental Protection Agency, and Eric D. the Board of Trustees of the Harry S Truman Schol- Eberhard, of Washington, and Diane Humetewa, of arship Foundation, Sara Alicia Tucker, to be Under Arizona, each to be a Member of the Board of Trust- Secretary of Education, Department of Education, ees of the Morris K. Udall Scholarship and Excel- Gerald Walpin, to be Inspector General, Corporation lence in National Environmental Policy Foundation. for National and Community Service, Blanca E. Enriquez, to be Member of the National Institute for NOMINATIONS Literacy Advisory Board, National Institute For Lit- Committee on Finance: Committee ordered favorably eracy, Elizabeth Dougherty, to be Member of the reported the nominations of Robert F. Hoyt, of National Mediation Board, Leon R. Sequeira, to be Maryland, to be General Counsel, Michele A. Davis, Assistant Secretary of Policy, Department of Labor, of Virginia, Anthony W. Ryan, of Massachusetts, and sundry nominations in the Public Service. and Phillip L. Swagel, of Maryland, each to be an Assistant Secretary, Paul Cherecwich, Jr., of Utah, FBI and Deborah L. Wince-Smith, of Virginia, both to Committee on the Judiciary: Committee concluded over- be a Member of the Internal Revenue Service Over- sight hearings to examine activities of the Federal sight Board, all of the Department of the Treasury, Bureau of Investigation, Department of Justice, fo- Dean A. Pinkert, of Virginia, and Irving A. cusing on national security, criminal investigations, Williamson, of New York, both to be a Member of and science and technology, after receiving testimony the United States International Trade Commission, from Robert S. Mueller III, Director, Federal Bureau and Dana K. Bilyeu, of Nevada, Mark J. of Investigation, Department of Justice. Warshawsky, of Maryland, and Jeffrey Robert Brown, of Illinois, each to be a Member of the Social BANKRUPTCY ABUSE PREVENTION AND Security Advisory Board. CONSUMER PROTECTION ACT HURRICANE DISASTER Committee on the Judiciary: Subcommittee on Admin- istrative Oversight and the Courts concluded over- Committee on Homeland Security and Governmental Af- sight hearings to examine oversight hearings to ex- fairs: Committee concluded a hearing to examine the amine implementation of the Bankruptcy Abuse Pre- extent of fraud, waste, and abuse relating to Hurri- vention and Consumer Protection Act (Public Law canes Katrina and Rita disaster relief efforts, after re- 109–8), after receiving testimony from Clifford J. ceiving testimony from Gregory D. Kutz, Managing White III, Director, Executive Office for United Director, and John J. Ryan, Assistant Director, both States Trustees, Department of Justice; Randall J. of the Forensic Audits and Special Investigations, Newsome, Chief Judge, Bankruptcy Court for the Government Accountability Office. Northern District of California; Henry E. NOMINATION Hildebrand III, Chapter 13 Standing Trustee, Mid- Committee on Homeland Security and Governmental Af- dle District of Tennessee, Nashville; Todd Zywicki, fairs: Committee concluded a hearing to examine the George Mason University School of Law, Arlington, nomination of Paul A. Schneider, of Maryland, to be Virginia; Steve Bartlett, Financial Services Round- Under Secretary of Homeland Security for Manage- table, Washington, D.C.; David C. Jones, Associa- ment, after the nominee testified and answered question of Independent Consumer Credit Counseling tions in his own behalf. Agencies, Poinciana, Florida; and Robert Lawless, University of Illinois College of Law, Champaign. NOMINATIONS Committee on Health, Education, Labor, and Pensions: NOMINATION Committee approved for reporting the nominations Committee on Small Business and Entrepreneurship: Com- of Terry L. Cline, to be Administrator of the Sub- mittee concluded a hearing to examine the nomina- stance Abuse and Mental Health Services Adminis- tion of Jovita Carranza, of Illinois, to be Deputy Ad- tration, Department of Health and Human Services, ministrator of the Small Business Administration, Foreststorn Hamilton, Benjamin Donenberg, Joan after the nominee, who was introduced by Senator Israelite, Charlotte P. Kessler, Robert Bretley Lott, McConnell, testified and answered questions in her William Francis Price, Jr., each to be a Member of own behalf.

VerDate Aug 31 2005 02:14 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D06DE6.PT2 D06DEPT2 ccoleman on PROD1PC71 with DIGEST D1138 CONGRESSIONAL RECORD — DAILY DIGEST December 6, 2006 House of Representatives Atmospheric Administration, to be carried out by Chamber Action the National Weather Service; Pages H8788–93 Public Bills and Resolutions Introduced: 29 pub- Honoring the life of Milton Friedman: H. Res. lic bills, H.R. 6377–6405; and 6 resolutions, H. 1089, to honor the life of Milton Friedman; Con. Res. 499–500; and H. Res. 1094–1095, Pages H8793–98 1097–1098, were introduced. Pages H8888–89 Designating the facility of the United States Additional Cosponsors: Pages H8889–90 Postal Service located at 6110 East 51st Place in Reports Filed: A report was filed today as follows: Tulsa, Oklahoma, as the ‘Dewey F. Bartlett Post H. Res. 1096, waiving a requirement of clause Office’: S. 1820, to designate the facility of the 6(a) with respect to consideration of certain resolu- United States Postal Service located at 6110 East tions reported from the Committee on Rules and 51st Place in Tulsa, Oklahoma, as the ‘Dewey F. providing for consideration of motions to suspend Bartlett Post Office’—clearing the measure for the the rules (H. Rept. 109–720). Page H8888 President; Page H8798 Suspensions: The House agreed to suspend the rules Honoring the contributions and life of Edward and pass the following measures: R. Bradley: H. Res. 1084, amended, to honor the Export-Import Bank Reauthorization Act of contributions and life of Edward R. Bradley; 2006: S. 3938, amended, to reauthorize the Export- Pages H8798–H8800 Import Bank of the United States; Pages H8750–58 Expressing the sense of Congress that the Presi- Congressional Tribute to Dr. Norman E. dent should posthumously award the Presidential Borlaug Act of 2006: S. 2250, to award a congres- Medal of Freedom to Leroy Robert ‘‘Satchel’’ Paige: sional gold medal to Dr. Norman E. Borlaug— S. Con. Res. 91, to express the sense of Congress c1earing the measure for the President; that the President should posthumously award the Pages H8758–61 Presidential Medal of Freedom to Leroy Robert Dextromethorphan Distribution Act of 2006: ‘‘Satchel’’ Paige; Pages H8800–01 H.R. 5280, amended, to amend the Federal Food, Honoring the memory of Arnold ‘‘Red’’ Drug, and Cosmetic Act with respect to the dis- Auerbach: H. Con. Res. 497, honoring the memory tribution of the drug dextromethorphan; of Arnold ‘‘Red’’ Auerbach; Pages H8801–04 Pages H8761–62 Condemning the decision by the city of St. Lifespan Respite Care Act of 2006: H.R. 3248, Denis, France, to name a street in honor of amended, to amend the Public Health Service Act to Mumia Abu-Jamal, the convicted murderer of establish a program to assist family caregivers in ac- Philadelphia Police Officer Danny Faulkner: H. cessing affordable and high-quality respite care; Res. 1082, to condemn the decision by the city of Pages H8773–78 St. Denis, France, to name a street in honor of Amending the Public Health Service Act to mod- Mumia Abu-Jamal, the convicted murderer of Phila- ify the program for the sanctuary system for sur- delphia Police Officer Danny Faulkner, by a 2⁄3 yea- plus chimpanzees by terminating the authority for and-nay vote of 368 yeas to 31 nays with 8 voting the removal of chimpanzees from the system for re- ‘‘present’’, Roll No. 527; Pages H8804–08, H8857 search purposes: H.R. 5798, to amend the Public Requiring any Federal or State court to recog- Health Service Act to modify the program for the nize any notarization made by a notary public li- sanctuary system for surplus chimpanzees by termi- censed by a State other than the State where the nating the authority for the removal of chimpanzees court is located when such notarization occurs in or from the system for research purposes; Pages H8778–79 affects interstate commerce: H.R. 1458, amended, Combating Autism Act of 2006: S. 843, amend- to require any Federal or State court to recognize any ed, to amend the Public Health Service Act to com- notarization made by a notary public licensed by a bat autism through research, screening, intervention State other than the State where the court is located and education; Pages H8779–88 when such notarization occurs in or affects interstate United States Tsunami Warning and Education commerce; Pages H8808–09 Act: H.R. 1674, amended, to authorize and Physicians for Underserved Areas Act: H.R. strengthen the tsunami detection, forecast, warning, 4997, amended, to permanently authorize amend- and mitigation program of the National Oceanic and ments made by the Immigration and Nationality

VerDate Aug 31 2005 02:14 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D06DE6.PT2 D06DEPT2 ccoleman on PROD1PC71 with DIGEST December 6, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D1139 Technical Corrections Act of 1994 for the purpose of title 49, United States Code, to authorize appropria- permitting waivers of the foreign country residence tions for fiscal years 2007, 2008, and 2009; requirement with respect to certain international Pages H8830–34 medical graduates; Pages H8809–12 Agreed to amend the title so as to read: ‘‘To Agreed to amend the title so as to read: ‘‘To ex- amend title 49, United States Code, to authorize ap- tend for 2 years the authority to grant waivers of the propriations for fiscal years 2007 and 2008, and for foreign country residence requirement with respect other purposes.’’. Page H8834 to certain international medical graduates.’’. Pipeline Safety Improvement Act of 2006: H.R. Page H8812 5782, amended, to amend title 49, United States Religious Liberty and Charitable Donation Code, to provide for enhanced safety and environ- Clarification Act of 2006: S. 4044, to clarify the mental protection in pipeline transportation, to pro- treatment of certain charitable contributions under vide for enhanced reliability in the transportation of title 11, United States Code—clearing the measure the Nation’s energy products by pipeline; for the President; Pages H8812–13 Pages H8834–45 Vessel Hull Design Protection Amendments of Commending The New York Institute for Spe- 2005: S. 1785, amended, to amend chapter 13 of cial Education for providing excellent education for title 17, United States Code (relating to the vessel students with blindness and visual disabilities for hull design protection), to clarify the distinction be- 175 years, and for broadening its mission to pro- tween a hull and a deck, to provide factors for the vide the same quality education to students with determination of the protectability of a revised de- emotional and learning disabilities: H. Con. Res. sign, to provide guidance for assessments of substan- 484, to commend The New York Institute for Spe- tial similarity; Pages H8813–18 cial Education for providing excellent education for Agreed to amend the title so as to read: ‘‘To make students with blindness and visual disabilities for certain improvements relating to intellectual prop- 175 years, and for broadening its mission to provide erty, and for other purposes.’’. Page H8818 the same quality education to students with emo- Honoring the life of Ruth Brown and her copy- tional and learning disabilities; Pages H8845–46 right royalty reform efforts on behalf of rhythm Rural Water Supply Act of 2005: S. 895, amend- and blues recording artists: H. Res. 1090, to honor ed, to direct the Secretary of the Interior to establish the life of Ruth Brown and her copyright royalty re- a rural water supply program in the Reclamation form efforts on behalf of rhythm and blues recording States to provide a clean, safe affordable, and reliable artists; Pages H8818–19 water supply to rural residents; Pages H8846–51 Stolen Valor Act of 2005: S. 1998, to amend title Agreed to amend the title so as to read: ‘‘To au- 18, United States Code, to enhance protections relat- thorize the Secretary of the Interior to carry out a ing to the reputation and meaning of the Medal of rural water supply program in the Reclamation Honor and other military decorations and awards— States to provide a clean, safe, affordable, and reliable clearing the measure for the President; water supply to rural residents.’’. Page H8851 Pages H8819–23 Repealing certain sections of the Act of May 26, Veterans Programs Extension Act of 2006: H.R. 1936, pertaining to the Virgin Islands: S. 1829, 6342, to amend title 38, United States Code, to ex- amended, to repeal certain sections of the Act of tend certain expiring provisions of law administered May 26, 1936, pertaining to the Virgin Islands; by the Secretary of Veterans Affairs, to expand eligi- Pages H8851–53 bility for the Survivors’ and Dependents’ Educational Agreed to amend the title so as to read: ‘‘To re- Assistance program; Pages H8823–29 peal certain sections of the Act of May 26, 1936, Designating the outpatient clinic of the Depart- pertaining to the Virgin Islands, and for other pur- ment of Veterans Affairs located in Farmington, poses.’’. Page H8853 Missouri, as the ‘‘Robert Silvey Department of Vet- United States-Mexico Transboundary Aquifer erans Affairs Outpatient Clinic’’: S. 4073, to des- Assessment Act: S. 214, amended, to authorize the ignate the outpatient clinic of the Department of Secretary of the Interior to cooperate with the States Veterans Affairs located in Farmington, Missouri, as on the border with Mexico and other appropriate en- the ‘‘Robert Silvey Department of Veterans Affairs tities in conducting a hydrogeologic characterization, Outpatient Clinic’’—clearing the measure for the mapping, and modeling program for priority President; Pages H8829–30 transboundary aquifers; Pages H8853–55 National Transportation Safety Board Amend- Michigan Lighthouse and Maritime Heritage ments Act of 2006: H.R. 5076, amended, to amend Act: S. 1346, to direct the Secretary of the Interior

VerDate Aug 31 2005 02:14 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D06DE6.PT2 D06DEPT2 ccoleman on PROD1PC71 with DIGEST D1140 CONGRESSIONAL RECORD — DAILY DIGEST December 6, 2006 to conduct a study of maritime sites in the State of Senate Message: Message received from the Senate Michigan—clearing the measure for the President; today appears on page H8748, H8793, H8866 and Pages H8855–56 H8882–83. Expressing support for democracy in Nepal that Senate Referral: S. 3678 was held at the desk; S. will require the full participation of the people of 4050 was referred to the Committee on Government Nepal in the political process to hold elections for Reform. Pages H8748, H8887 a constituent assembly and draft a new constitu- Quorum Calls—Votes: Two yea-and-nay votes de- tion and calling upon the Communist Party of veloped during the proceedings of today and appear Nepal-Maoist to adhere to commitments it has on pages H8856–57 and H8857. There were no made and to respect human rights: H. Res. 1051, quorum calls. amended, to express support for democracy in Nepal Adjournment: The House met at 10 a.m. and ad- that will require the full participation of the people journed at 10:59 p.m. of Nepal in the political process to hold elections for a constituent assembly and draft a new constitution Committee Meetings and calling upon the Communist Party of Nepal- Maoist to adhere to commitments it has made and MILITARY AWARDS—DECORATIONS CRITERIA to respect human rights; and Pages H8858–60 Democratic Republic of the Congo Relief, Secu- Committee on Armed Services: Subcommittee on Mili- rity, and Democracy Promotion Act of 2006: S. tary Personnel held a hearing to examine criteria for awards and decorations. Testimony was heard from 2125, amended, to promote relief, security, and de- the following officials of the Department of Defense: mocracy in the Democratic Republic of the Congo. Michael L. Dominguez, Principal Deputy Under Sec- Pages H8860–64 retary, Personnel and Readiness; LTG Michael D. Suspension—Failed: The House failed to agree to Rochelle, USA, Deputy Chief of Staff, G–1, U.S. suspend the rules and pass the following measure: Army; VADM John C. Harvey, Jr., USN, Chief of Unborn Child Pain Awareness Act of 2006: Naval Personnel, Deputy Chief of Naval Operations H.R. 6099, to ensure that women seeking an abor- (Manpower, Personnel, Training and Education), tion are fully informed regarding the pain experi- U.S. Navy; LTG Roger A. Brady, USAF, Deputy 2 Chief of Staff, Manpower and Personnel, Head- enced by their unborn child, by less than a ⁄3 yea- quarters, U.S. Air Force; and BG Richard P. Mills, and-nay vote of 250 yeas to 162 nays, Roll No. 526. USMC, Director, Personnel Management Division, Pages H8762–71 H8856–57 Manpower and Reserve Affairs, Headquarters U.S. Suspensions—Proceedings Postponed: The House Marine Corps; and public witnesses. completed debate on the following measures under SAME DAY CONSIDERATION OF CERTAIN suspension of the rules. Further consideration of the RESOLUTIONS REPORTED BY THE RULES measures is expected to resume tomorrow, Thursday, COMMITTEE December 7th: Committee on Rules: Granted, by voice vote, a rule Expressing support for Lebanon’s democratic in- waiving clause 6(a) of rule XIII (requiring a two- stitutions and condemning the recent terrorist as- thirds vote to consider a rule on the same day it is sassination of Lebanese parliamentarian and In- reported from the Rules Committee) against certain dustry Minister Pierre Amin Gemayel: H. Res. resolutions reported from the Rules Committee. The 1088, amended, to express support for Lebanon’s rule applies the waiver to any special rule reported democratic institutions and condemning the recent on the legislative day of December 7, 2006. The rule terrorist assassination of Lebanese parliamentarian provides that suspensions will be in order at any and Industry Minister Pierre Amin Gemayel; and time on the legislative day of December 7, 2006. Pages H8864–66 The rule further provides that the Speaker or his Condemning in the strongest terms Iran’s com- designee shall consult with the Minority Leader or her designee on any suspension considered under the mitment to hold an international Holocaust denial rule. The rule provides that House Resolutions 810, conference on December 11–12, 2006: H. Res. 939, 951, and 1047 are laid upon the table. 1091, amended, to condemn in the strongest terms Iran’s commitment to hold an international Holo- PATIENT SAFETY AND QUALITY ISSUES IN caust denial conference on December 11–12, 2006. END STAGE RENAL DISEASE TREATMENT Pages H8866–68 Committee on Ways and Means: Held a hearing on Pa- tient Safety and Quality Issues in End Stage Renal

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, December 7 10 a.m., Thursday, December 7

Senate Chamber House Chamber Program for Thursday: Senate will resume consideration Program for Thursday: To be announced. of the nomination of Andrew von Eschenbach, of Texas, to be Commissioner of Food and Drugs, Department of Health and Human Services, with 60 minutes of debate equally divided, followed by a vote on the motion to invoke cloture on the nomination. Also, at 2:30 p.m., the Majority Leader will be recognized.

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